HomeMy WebLinkAbout2013 09 04NOTICE AND CALL
OF A
SPECIAL MEETING
OF THE
CITY COUNCIL
TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF
THE CITY OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on
WEDNESDAY, SEPTEMBER 4, 2013 at 5:30 PM. at City Hall — 3rd Floor Conference Room
307, 14403 East Pacific Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance with
the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Dated: August 29, 2013
Manuel Lozano
Mayor
AFFIDAVIT OF POSTING
1, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the
aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to
follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said
notice as required by law on August 29, 2013.
Alejandra Avila
City Clerk
UATew, k I
CITY COUNCIL
SPECIAL MEETING Please note
time and
meeting
SEPTEMBER 4, 2013 location
5:30 PM
CITY HALL — 3rd Floor, Conference Room 307
14403 EA S T PACIFIC AVENUE
BALDWIN PARK, CA 91706
(626) 960-4011
Manuel Lozano
Monica Garcia
Marlen Garcia
Ricardo Pacheco
Susan Rubio
- Mayor
- Mayor Pro Tern
- Councilmember
- Councilmember
- Councilmember
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS COMENTARIOS DEL PUBLICO
The public is encouraged to address the City Se invita al pOblico a dirigirse al Concilio a cualquiera
Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda,
agenda on any matter posted on the agenda or para hablar sabre cualquier asunto publicado en la
on any other matter within its jurisdiction. If you agenda a cualquier tema que est6 bajo su jurisdicci6n.
wish to address the City Council or any of its Si usted desea la oportunidad de dirigirse al Concilio a
Agencies, you may do so during the PUBLIC a1guna de sus Agencias, podrij hacerlo durante e/
COMMUNICATIONS period noted on the periodo de Comentarios del Pdblico (Public
agenda. Each person is allowed three (3) Communications) anunciado en la agenda. A cada
minutes speaking time. A Spanish-speaking persona se /e permite hablar par tres (3) min utos. Hay
interpreter is available for your convenience. un int6rprete para su conveniencia.
CITY COUNCIL
SPECIAL MEETING — 5:30 P.M.
CALL TO ORDER
ROLL CALL: Council Members: Marlen Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tern Monica Garcia
and Mayor Manuel Lozano
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances
exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct
staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETS
No se podra tomar acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista a1g6na
emergencia o circunstancia, especial. El cueroo legislativo y su personal podran: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en
consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2]
STUDY SESSION / OPEN SESSION
1. Presentation by Jim Powers representing Mega 5 Partners for a proposed 44 detached
residential units and 8,500 s.f. retail development on 3.6 acres located on twelve (12)
properties at the intersection of Merced Avenue and Baldwin Park Boulevard.
RECESS TO CLOSED SESSION
2. CONFERENCE WITH LABOR NEGOTIATOR (GC §54957.6)
Agency Negotiators: Vijay Singhal, Chief Executive Officer and other
representatives as designated
Employee Organizations: SEIU; Clerical; Professional and Technical Employees;
Police Management Employees; Confidential Employees;
Confidential Management and the Baldwin Park Police
Officer's Association; Un-represented employees; and part-
time employees.
3. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION
(GC §54956.9 (d)(1)
Adams et. al. v. City of Baldwin Park et. al., USDC Case No.: CV12-00512 GAF(AJWx)
BPPOA v. City of Baldwin Park et al., USDC Case No: CV1 3-01534 DMG (VBKx)
BPPOA v. City of Baldwin Park, LASC Case No- BS140802
REPORT FROM CLOSED SESSION
ADJOURNMENT
CERTIFICATION
I, Alejandra Avila, City Cleric of the City of Baldwin Park hereby certify under penalty of perjury under
the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board
not less than 24 hours prior to the meeting on August 29, 2013. .
Alejandra Avila
City Clerk
PLEASE NOTE.' Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2" d Floor Lobby Area or at the Los Angeles County Public Library
in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at
(626) 813 -5204 or e -mail rcaballero&baldwinpark.com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please
contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48 hours prior to the meeting
will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA
TITLE u)
WWI] W.Al 014 J1 1:3:3 1101
SEPTEMBER 4,2013
11 PM
COUNCIL CHAMBER
14403 E. Pacific Avenue
Baldwin Park, CA 91706
(626) 960 -4011
BALDWIN
R_ R, I
Manuel Lozano - Mayor
Monica Garcia - Mayor Pro Tern
Marlen Garcia - Council Member
Ricardo Pacheco - Council Member
Susan Rubio - Council Member
PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS
POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed three (3)
minutes speaking time. A Spanish speaking
interpreter is available for your convenience.
"
COMENTARIOS DEL PUBLICO
Se invita al publico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda, para
hablar sobre cualquier asunto publicado en la agenda o
cualquier terra que este bajo su jurisdiccion. Si usted
desea la oportunidad de dirigirse al Concilio o alguna de
sus Agencias, podra hacerlo durante el periodo de
Comentarios del Publico (Public Communications)
anunciado en la agenda. A cada persona se le permite
hablar por tres (3) minutos. Hay un interprete para su
conveniencia.
CITY COUNCIL
REGULAR MEETING — 7:00 PM
CALL TO ORDER
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Council Members: Marlen Garcia, Ricardo Pacheco,
Susan Rubio, Mayor Pro Tern Monica Garcia
and Mayor Manuel Lozano
ANNOUNCEMENTS
This is to announce, as required by Government Code section 54954.3, members of the City
Council are also members of the Board of Directors of the Housing Authority and Finance
Authority, which are concurrently convening with the City Council this evening and each
Council Member is paid an additional stipend of $30 for attending the Housing Authority
meeting and $50 for attending the Finance Authority meeting.
PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS
® Certificate recognition to the Officers of the Baldwin Park SWAT Team for their
Exceptional Service in Keeping Our Streets Safe.
PUBLIC COMMUNICATIONS
Three (3) minute speaking time limit
Tres (3) minutos sera el limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tome accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna
emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a
declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en
consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
City Council Agenda — September 4, 2013 Page 2
CONSENT CALENDAR
All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be
no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from
the general order of business and considered in its normal sequence on the agenda.
1. WARRANTS AND DEMANDS
Staff recommends City Council ratify the attached Warrants and Demands
2. APPROVAL OF AGREEMENT FOR CARNIVAL SERVICES — CHRISTIAN AMUSEMENTS.
Staff recommends that the City Council approve the attached agreement and authorize
the Mayor to execute the necessary documents,
3. AWARD CONTRACT FOR PRINTING OF THE BALDWIN PARK NOW
Staff recommends the City Council; 1) Award a contract to Aljon Graphics for the
printing of the Baldwin Park NOW in the annual amount of $21,050-1 and 2) Exclude
Notice to Proceed and commence services September 5, 2013; and Authorize the
Mayor to execute the attached agreement; and Authorize the Director of Recreation and
Community Services to execute any necessary change orders in an amount not to
exceed ten percent (10%) of the original contract.
4. CLAIM REJECTION
Staff recommends City Council reject the claim of Myra Smith and direct staff to send
the appropriate notice of rejection to Claimant.
5. COMMUNITY HOUSING DEVELOPMENT ORGANIZATION'S (CHDO'S)
AFFORDABLE HOUSING AGREEMENT AMENDMENT
Staff recommends City Council:
1. Authorize the Chief Executive Officer to sign and execute the attached
agreement.
2. Replace, in its entirety, the agreement approved on August 21, 2013 with the
attached agreement, rendering the prior agreement of no force and effect.
6. APPROVE AND AUTHORIZE AN AMENDED AND RESTATED EXCLUSIVE
FRANCHISE AGREEMENT FOR SOLID WASTE HANDLING
Staff recommends that the City Council:
1. Approve the amended and restated exclusive franchise agreement with
Waste Management of San Gabriel / Pomona Valley (WM) for solid waste
handling, and;
2. Authorize the Mayor to sign the agreement.
City Council Agenda — September 4, 2013
Page 3
r y.
7. CONTINUED FROM AUGUST 21, 2013. REVIEW OF PLANNING COMMISSION
APPLICANTS AND CONSIDERATION OF APPOINTMENTS AND /OR REAPPOINTMENTS
TO FILL THE JUNE 2012 AND JUNE 2013 SCHEDULE VACANCIES
Staff recommends City Council to review the submitted Commission application(s), take
nominations and adopt Resolution No. 2013 -028 entitled "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE
PLANNING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICES NUMBERS 1, 2,
AND 3 ".
8. CONTINUED FROM AUGUST 21, 2013 - CONSIDERATION OF APPOINTMENTS
AND /OR REAPPOINTMENTS TO FILL VACANCIES FOR THE HOUSING
COMMISSION
Staff recommends City Council to review all Commission applications, take nominations
and adopt Resolution No. 2013 -013 entitled "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO THE HOUSING
COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6,"
subject to satisfactory backgrounds checks through the Department of Justice, as
follows:
Office No
Name
Expiration of Terms
1
June 30, 2014
3
June 30, 2015
4
F Tenant - 6
June 30, 2016
enant 7 (62 +)
PENDING APPLICATIONS
CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS &
COMMUNICATIONS
Request by Councilmember Marten Garcia for discussion & direction to staff on the
following:
• As October is Domestic Violence Awareness Month, I would like to request Council's
support to hold a City -wide women's purse drive during the month of September with
the purpose of presenting the purses collected to shelters that provide services to
women, victims of domestic violence. Women who find the strength to leave violent
relationships will usually escape from their homes, leaving behind their purses in order
to save their life and that of their children. By providing these victims with a purse, it
begins to help in the process of building their self- esteem and empowerment.
City Council Agenda — September 4, 2013
Page 4
Request by Mayor Manuel Lozano for discussion & direction to staff on the following:
• Due to the 2008 recession and resulting economic downturn, the State of California and
local governments have been impacted by high unemployment rates, decreased sales
and property tax revenues, and high rates of home foreclosures.
Baldwin Park is no exception to what has transpired on a global, national, state and
local level. The effects of the economic downturn, compounded by the State of
California's decisions to take millions of dollars from our City AND eliminate the
Community Redevelopment Commission, has left the City of Baldwin Park grappling
with very difficult financial decisions.
In the last fiscal year, the City Council unanimously cut community programs and laid off
city employees. At this point in time, the City is considering a proposal from the Sheriff's
department as a cost savings measure that could potentially save $3 -4 million dollars on
an annual basis.
Therefore, direct staff to prepare the necessary resolutions and other actions to
schedule a special election in 2014 that will allow Baldwin Park residents to vote on
public safety priorities.
ADJOURNMENT
CERTIFICATION
1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury
under the laws of the State of California, that the foregoing agenda was posted on the City Hall
bulletin board not less than 72 hours prior to the meeting. Dated this 29th day of August 2013.
Alejandra Avila
City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public
Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of
the City Clerk at (626) 813 -5204 or via e -mail at rcaballeroCa)baidwin park. com.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at (626) 960 -4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda — September 4, 2013
Page 5
BALDWIN
D > d P I T,
TO: Honorable Mayor and Members of the City Cc
FROM: Craig A. Graves, Interim Finance Director
Date: September 04, 2013
SUBJECT: Warrants and Demands
'131
The purpose of this report is for the City Council to ratify the payment of Warrants and
Demands against the City of Baldwin Park.
__ • 1 § 9 •
The attached Claims and Demands report format meets the required information in
accordance with the Government Code. Staff reviews requests for expenditures for
..budgetary approval and for authorization from the department head or its designee. The
report provides information on payments released since the previous City Council meeting;
the following is a summary of the payments released:
1. The payroll of the City of Baldwin Park consisting of check numbers 195709 —
195762. Additionally, Automatic Clearing House (ACH) Payroll deposits were made
on behalf of City Employees from control numbers 230550 — 230831 for the period
of August 04, 2013 through August 17, 2013 inclusive; these are presented and
hereby ratified, in the amount of $364,662.74.
2. General Warrants, including check numbers 196673 to196794 inclusive, in the total
amount of $379,864.98 constituting claims and demands against the City of Baldwin
Park, are herewith presented to the City Council as required by law, and the same
hereby ratified.
Pursuant to Section 37208 of the Government Code, the Chief Executive Officer or
designee does hereby certify to the accuracy of the demands hereinafter referred to and to
the availability of funds for payment thereof.
__ • •
Staff recommends City Council ratify the attached Warrants and Demands.
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TO: Honorable Mayor and Members of the City Council
FROM: Manuel Carrillo Jr., Director of Recreation & Community Servic
DATE: September 4, 2013
SUBJECT: Approval of Agreement for Carnival Services — Christiansen
Amusements
This staff report requests City Council approval of an Agreement with Christiansen
Amusements to provide carnival services for the City's 57th Anniversary Celebration,
October 31 through November 3, 2013.
I -ans :(rl Zi11J T 7
Due to budget constraints, the City will not be hosting a parade this year. However, staff is
recommending to provide a carnival for the residents of Baldwin Park as part of the City's
57th Anniversary incorporation celebration. In the past, the City has used the proceeds
from the carnival to help offset the costs of other recreational activities in the city.
For the past twenty -five (25) years the department has contracted these services through
Christiansen Amusements. Staff is pleased with the compensation portion of the proposed
agreement. In addition, staff is satisfied with the current carnival operations and has an
excellent working relationship with all associated departments.
DISCUSSION
Under the proposed Agreement, Christiansen Amusements has agreed that the City will
have exclusive rights to the food court during the event. This year's event coincide with
Halloween, therefore this event will provide a safe alternative for kids to attend. All
proceeds from the food court, which traditionally generates $1,500, will go directly to
recreational programs. In previous years, the proceeds from the food court have been
directed towards the Santa Clothes Program, however since the program is on target to
meet its sponsorship goal, this year's proceeds will be earmarked for recreational activities.
In addition, the City will continue to receive 30% of total gross receipts up to $40,000 and
35% thereafter derived from the operation of the carnival ride activity. Christiansen
Amusements also agrees to provide an insurance policy naming the City as additionally
insured in the amount of $3 million dollars. In addition, Christiansen Amusements will pay
for all security during the event including additional police coverage.
September 4, 2013
Page two
Approval of Agreement for Carnival Services - Christiansen Amusements
Christiansen Amusements agrees to provide 350 unlimited ride tickets to be used either on
Thursday, October 31, or Sunday, November 3, 2013. As in the previous years tickets will
be distributed to deserving children in the community through the Home Liaisons at each of
the elementary school sites.
FISCAL IMPACT
It is anticipated that the City will generate approximately $12,000 from ticket sales towards
the City's general fund and an additional $1,500 from the food court towards recreational
•...
1:7 *0101 J, IiT11:4,1,Im" m[i14
Staff recommends that the City Council approve the attached agreement and authorize
the Mayor to execute the necessary documents.
Attachment: Agreement
THIS AGREEMENT is made and entered into this 4t" day of September, 2013 by and between the City
of Baldwin Park, a general law city (hereafter "CITY ") and Christiansen Amusements Corporation, a
California corporation (hereafter "LICENSEE ").
The parties hereto do agree as follows:
1. This Agreement is made and entered into with respect to the following facts:
(a) CITY is desirous of conducting a festival on Thursday, October 31, 2013 through Sunday,
November 3, 2013 inclusive (the "Festival "); and
(b) As entertainment for the Festival, CITY is desirous of featuring a carnival, to consist of
mechanical rides, ticket booths, food purveyors, games and other entertainment common to
community fairs (the Carnival "); and
(c) CITY has determined LICENSEE is qualified person to provide such services; and
(d) LICENSEE has agreed to provide such services pursuant to the terms and conditions set
forth in this Agreement; and
(e) The City Council of CITY has determined the public interest, convenience and necessity
require the execution of this Agreement.
2. TIMING FOR CARNIVAL. The Carnival shall be conducted commencing on Thursday,
October 31, 2013 at 5:00 p.m. through 10:00 p.m., continuing Friday, November 1, 2013 from 5:00 p.m.
through 11:00 p.m., Saturday, November 2, 2013 from Noon through 11:00 p.m. and concluding on
Sunday, November 3, 2013 from Noon through 10:00 p.m.
3. SITE. (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which
shall be on that certain real property described as follows: Morgan Park and the City parking area on
Ramona Boulevard, plus the City property at the northeast corner of Main Avenue and Sterling Way the
latter of which is to be used only for parking of LICENSEE'S and LICENSEE'S officer, employees',
contractor's and agents' vehicles while conducting business for the Carnival. CITY is also responsible
for restroom facilities, including portapotties on the site, and rubbish dumpster and removal as
necessary for the operations of the Carnival and Festival.
(b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for
staging and parking needed for the operation of the Carnival.
4. LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of
the Carnival in a timely fashion. Copies of such permits and licenses shall be delivered to CITY within
24 hours after their approval and no less than 48 hours before the Carnival is supposed to start as
indicated in Section 2. above.
5. LICENSEE shall also provide at its sole expense:
(a) all costs of transportation, lodging and other necessary facilities, food and compensation for
all crews necessary to facilitate the conduct of the Carnival. Such crews shall include sufficient
management staff during the Carnival -hours to be reasonably available to CITY; and
Page 1 of 4
(b) all Carnival equipment and accessories thereto, including an independent electrical power
supply from LICENSEE'S generators; and
(c) power to all community booths as per Sections 6 and 7 during all hours of booth operation
and sufficient to allow for such booths to connect to the power with normal appliances or
extension cords; and
(d) a minimum of five major rides and five kiddie rides; and
(e) advertising for the Carnival and Festival, including, but not limited to, sending out 100
personalized event posters describing the event and special promotion activities through area
businesses; and
(f) provide all ticket sellers necessary for the Carnival; and
(g) waive entrance fees for all children under the age of 12 if accompanied by a paying adult (18
years and older) and monitor entrance to not allow any outside food, drinks or ice chests into
the event area.
(h) LICENSEE will provide 350 unlimited ride passes to be used either Thursday October 31,
2013 or Sunday November 3, 2013 during designated hours as indicated by LICENSEE. In
exchange for that increased product value offered by LICENSEE, CITY will waive all permit and
licenses fees normally charged for such events, except for the $125 fee for the Temporary Use
Permit.
It is intended LICENSEE shall provide a full - service Carnival as a part of the Festival, which shall
consist of the entertainment as described above.
6. FOOD AND BEVERAGE SALES. CITY will provided and operate, along with local non - profit
and community organizations, all food and beverage booths. CITY will obtain all Health Department
requirements. LICENSEE will provide up to six food /beverage booth spaces approximately 10' x 10'
square for CITY booths and LICENSEE will provide electrical power only, no cords or cables, for two of
the City booths. CITY will provide power for the remaining four booths.
7. GAMES. LICENSEE shall provide games along the midway, which shall be subject to such
regulations as determined by, and in accordance with, the recommendations of CITY'S Police Chief or
her designee. LICENSEE shall also provide two game booth set -ups for community groups within the
Carnival site area at the current market rate paid for by LICENSEE.
8. SECURITY. Security for the Festival shall be provided by LICENSEE as determined by, and in
accordance with, the recommendations of CITY'S Police Chief.
9. PREPARATION AND CLEANUP. LICENSEE shall have a cleanup crew that will clean the
midway each night, and at the close of the event. LICENSEE shall be responsible for any and all
damage to grounds, pavement or facilities caused by LICENSEE, his employees, officers, agents or
sub - Licensees.
10. SUB - LICENSEES. LICENSEE shall have the right to a sub - License to one or more a qualified
persons, or entities, approved in advance by CITY, for the purpose of providing the Carnival.
11. LIABILITY INSURANCE. LICENSEE shall provide directly, and /or through its Sub - Licensees,
liability insurance covering all of the activities to be conducted at the Festival, save and except those
activities provided by CITY other than security. LICENSEE shall provide the Proof of Insurance, as
defined below, as approved by the Chief Executive Officer of CITY and in amounts and in coverage of
Page 2 of 4
at least $3,000,000 general liability combined single -limit per occurrences for bodily injury, personal
injury and property damage and $1,000,000 Employers Liability per accident.
All such policies shall contain endorsements, which name CITY and its officers, employees and agents
as additional insured on such policies. LICENSEE shall file with CITY the following which shall be
defined as the Proof of Insurance: (i) an Endorsement and a Certificate of Insurance evidencing the
existence of all required insurance coverage prior to October 24, 2013 and (ii) Such endorsements and
certificates shall provide that neither substantial alteration of the coverage or cancellation of the
coverage shall be valid except upon 96- hours' prior written notice to CITY by the carrier or carriers, the
insurance provided shall be primary and any other insurance CITY may have will be non - contributing.
12. INDEMNIFICATION. To the fullest extent permitted by the law, LICENSEE agrees to indemnify,
defend and hold harmless CITY, and its officers, agents and employees, from all liability:
(a) on account of any and all claims under Workers Compensation Acts and other employee or
his /her subcontractors' or sublicensees employees arising out of LICENSEE'S activities pursuant to this
Agreement; and,
(b) on account of any and all claims for damages because of personal injury or death, damage
to property, or other obligation(s) directly or indirectly arising out of or attributable to, in whole or part,
the performance by LICENSEE or its sublicensees, subcontractors, employees, or agents in the
performance of the obligations stated in this Agreement, including, without limitation, reasonable
attorneys' fees and court costs incurred by CITY or any of its officers, agents or employees, as well as
payment of any final judgment rendered against CITY or any of its officers, agents, or employees
resulting from any action for which indemnification is required by this Agreement.
13. INDEPENDENT AGENTS. The parties hereto agree LICENSEE, its agents, employees,
consultants, sublicensees, and subcontractors shall act in an independent capacity in the performance
of this Agreement, and not as officers, employees or agents of CITY.
14. OTHER INSURANCE COVERAGE. LICENSEE shall maintain in effect all other types of
insurance required by law, including specifically, but not limited to, Worker's Compensation coverage.
15. OBLIGATIONS OF LICENSEE. LICENSEE shall require all sublicenses or subcontractors to
comply with all terms and obligations of this Agreement, and specifically shall require all sublicensee
and subcontractors to maintain all insurance coverage required pursuant to this Agreement, and to
provide the same indemnification to CITY and its officers, agents and employees, as is required of
LICENSEE.
16. TERMINATION. CITY reserves the right to terminate this agreement upon 30 -days' written
notice to LICENSEE.
17. COMPENSATION. CITY shall be entitled to an amount equal to 30% of the total gross receipts
up to $40,000 and 35% thereafter derived from the operation of the Carnival rides. Gross receipts are
to be determined based upon cash sales on the grounds and do not include the advance ride book
tickets, if used. Payment is to be delivered to CITY within 5 working days after the conclusion of the
Carnival. Additional compensation is to be negotiated in the event CITY provides ticket sales
personnel.
18. NOTICES. Notices pursuant to this Agreement shall be in writing and shall be personally
served or given by mail.
Any notice by mail shall be deemed to have been given when deposited in the United States mail,
postage prepaid addressed to the party to be served as follows:
Page 3 of 4
THIS AGREEMENT is made and entered into this 4th day of September, 2013 by and between the City
of Baldwin Park, a general law city (hereafter "CITY ") and Christiansen Amusements Corporation, a
California corporation (hereafter "LICENSEE ").
The parties hereto do agree as follows:
1. This Agreement is made and entered into with respect to the following facts:
(a) CITY is desirous of conducting a festival on Thursday, October 31, 2013 through Sunday,
November 3, 2013 inclusive (the "Festival "); and
(b) As entertainment for the Festival, CITY is desirous of featuring a carnival, to consist of
mechanical rides, ticket booths, food purveyors, games and other entertainment common to
community fairs (the Carnival "); and
(c) CITY has determined LICENSEE is qualified person to provide such services; and
(d) LICENSEE has agreed to provide such services pursuant to the terms and conditions set
forth in this Agreement; and
(e) The City Council of CITY has determined the public interest, convenience and necessity
require the execution of this Agreement.
2. TIMING FOR CARNIVAL. The Carnival shall be conducted commencing on Thursday,
October 31, 2013 at 5:00 p.m. through 10:00 p.m., continuing Friday, November 1, 2013 from 5:00 p.m.
through 11:00 p.m., Saturday, November 2, 2013 from Noon through 11:00 p.m. and concluding on
Sunday, November 3, 2013 from Noon through 10:00 p.m.
3. SITE. (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which
shall be on that certain real property described as follows: Morgan Park and the City parking area on
Ramona Boulevard, plus the City property at the northeast corner of Main Avenue and Sterling Way the
latter of which is to be used only for parking of LICENSEE'S and LICENSEE'S officer, employees',
contractor's and agents' vehicles while conducting business for the Carnival. CITY is also responsible
for restroom facilities, including portapotties on the site, and rubbish dumpster and removal as
necessary for the operations of the Carnival and Festival.
(b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for
staging and parking needed for the operation of the Carnival.
4. LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of
the Carnival in a timely fashion. Copies of such permits and licenses shall be delivered to CITY within
24 hours after their approval and no less than 48 hours before the Carnival is supposed to start as
indicated in Section 2. above.
5. LICENSEE shall also provide at its sole expense:
(a) all costs of transportation, lodging and other necessary facilities, food and compensation for
all crews necessary to facilitate the conduct of the Carnival. Such crews shall include sufficient
management staff during the Carnival -hours to be reasonably available to CITY; and
Page 1 of 4
0d all Carnival equipment and accessories thereto, including an independent electrical power
supply from LICENSEE'S generators; and
(c) power to all ounnDlUnitv booths as per Sections O and 7 during all hours of booth operation
and sufficient to oUOvv for such booths to connect to the power with nonne{ appliances or
extension cords; and
(j)3 minimum of five major hdeS8ndOvehiddi8hdee; and
(e) advertising for the Carnival and Festival, inC|uding, but not limited to, sending Out 100
personalized event posters describing the event and special promotion activities through area
businesses; and
0l provide GU ticket sellers necessary for the Carnival; and
/g\ waive entrance fees for all children under the age of12if accompanied bya paying adult (18
years and older) and monitor entrance to not allow any outside food, drinks or ice chests into
the event area.
(h) LICENSEE will provide 350 unlimited ride p8SS8s to be used either Thursday October 31,
2013 or Sunday November 3, 2013 during designated hours an indicated by LICENSEE. In
exchange for that increased product value offered by LICENSEE, CITY will waive all permit and
licenses fees normally charged for such events, except for the $125 fee for the Temporary Use
Permit.
It is intended LICENSEE 3h8U provide 3 full-service C8Oliv3| as a part of the Festival, which ohoU
consist of the entertainment as described above.
0. FC)C>D AND BEVERAGE SALES. CITY will provided and operate, @|DDg with local OO
and coDlDlUOitv organizations, all food and beverage booths. CITY will obtain all Health Department
requirements. LICENSEE will provide Up to six food/beverage booth sp8C8S approximately 10' x 10'
SqU8[8 for CITY booths and LICENSEE will provide n|eCthCa| power only, DO cords or c8b|8S' for two of
the City booths. CITY will provide power for the remaining four booths.
7. G/\K8EG. LICENSEE Sh8|| provide games 8|ODg the [nkdvxav which Sh8]| be subject to such
regulations as determined by, and in 8CoordGDCe wbh, the reooD108Od8tinno of CITY'S Police Chief or
her designee. LICENSEE shall also provide two game booth set-ups for community groups within the
{|3[OiV8| Site area at the current market rate paid for by LICENSEE.
O. SECURITY. Security for the Festival Sh8U be provided by LICENSEE as determined by, and in
accordance with, the recommendations 0f CITY'S Police Chief.
S. PREPARATION AND CLEANUP. LICENSEE shall have @ cleanup crew that will C|8en the
nnidvvGy each night, and at the d0oe of the event. LICENSEE Sh8U be responsible for any and all
d@[DGga t8 grQUOdS. pavement or facilities caused by L|CENGEE, his employees, OffiC8rS. agents or
sub-Licensees.
10. SUB-LICENSEES. LICENSEE shall have the right h} G sub-License to one Urmore a qualified
persons, or entities, approved in advance by CITY, for the purpose of providing the Carnival.
11. LIABILITY INSURANCE. LICENSEE shall provide directly, and/or through its 8Ub-Lic8DSeeS
|i@bi|Uv insurance COV8hng all of the activities h0 be conducted at the FeStivG|. save and except those
activities provided by CITY other than SeCUhtv. LICENSEE Sh@|| provide the Proof of |nSur80Qe' as
defined b8|0vv, as approved by the Chief Executive Officer Of CITY and in e0oUOtS and in coverage of
Page 2 of 4
at least $3'000,000 general |iebi|Uv combined single-limit per occurrences for bodily injury, personal
injury and property damage and $1,000,000 Employers Liability per accident.
All such pO|i[j8S shall contain endorsements, which name CITY and its officerS, employees and agents
as additional insured on such policies. LICENSEE Sh8U file with CITY the following which shall be
defined as the Proof of Insurance: (i) an Endorsement and 8 Certificate of Insurance evidencing the
existence of all required insurance coverage prior 1O October 24.2013 and (ii) Such endorsements and
certificates ahe|| provide that neither substantial alteration of the COV8[8ge or cancellation Of the
coverage shall be valid except upon 96-hours' prior written notice to CITY by the carrier or carriers, the
insurance provided shall be primary and any other insurance CITY may have will be non-contributing.
12. INDEMNIFICATION. TO the fullest extent permitted by the |evx. LICENSEE agrees to indemnify,
defend and hold harmless CITY, and its officers, agents and employees, from all liability:
(B) OD account of any and all claims under Workers Compensation Acts and other employee or
his/her subcontractors' or sublicensees employees arising out of LICENSEE'S activities pursuant to this
Agreement; and,
/b\ on account of any and all claims for damages because of personal injury or death, damage
to property, or other Ob|ig8dOD(o) directly or indirectly arising out of or attributable to, in vvhO|8 Or p8rt,
the p8rf0rDl3OC8 by LICENSEE Or its SUb|ioenaecs, subcontractors, ennp[oy89S' Or agents in the
pBrfO[08OC8 Of the obligations stated in this Agnae0eOt, including, without limitation, reasonable
attorneys' fees and court C0StS incurred by CITY O[any of its ofUCa[s. agents or employees, as well as
payment Of any final judgment RsOd8[ed against CITY or any of its officers, 3g8DtS' or employees
r8Su/bOQ from any action for which indemnification in required by this Agreement.
13. INDEPENDENT AGENTS. The parties h8[8tO agree LICENSEE, its 8gents, employees,
consultants, Sub|iCeDS88S. and subcontractors shall act in an independent capacity inthe pedb[nl@DCe
Of this Agreement, and not os officers, employees or agents OfCITY.
14. OTHER INSURANCE COVERAGE. LICENSEE oh8|| maintain in effect all other types of
insurance required by law, including specifically, but not limited to, Worker's Compensation coverage.
15. [}BL|G/\T|C)NS OF LICENSEE. LICENSEE Sh8U require all Sub|i08DSea nF subcontractors tO
COnnp|y with all terms and Ob|ig8d0OS of this Agreement, and specifically Sh8U require all Sub|iCSDS98
and SubC0Otr@{tOnS t0 maintain all iDSU[8DC8 coverage F8qUiPSd pursuant to this Au[eennent, and to
provide the S8Do8 indemnification to CITY and its officers, agents and employees, as is required of
LICENSEE.
10. TERMINATION. CITY noS8rV8S the right to terminate this agreement upon 30-dayn' written
notice tOLICENSEE.
17. CC)MPENG/\T|(]0. CITY shall be entitled k]@D amount equal to3O960f the total gross receipts
Up to $40.000 and 35% thereafter derived from the operation of the Carnival rides. Gross receipts are
to be determined based Upon cash S8|8S OO the grounds and do not include the advance ride book
tiCketo, if used. Payment is to be delivered to CITY within 5 working days after the CUnC|usiOO of the
Carnival. Additional o0Dlp8DS8hOn is to be negotiated in the event CITY provides ticket S@|eS
p8[SOnOe|.
18. NOTICES. NQUCeS pursuant to this Agreement shall be in Vv[|bDQ and shall be perSOOG||y
served o[ given bymail.
Any notice by mail ehn|| b8 deemed tO have been given when deposited in the United States mail,
postage prepaid addressed tO the party tOba served aSfollows:
Page 3 of 4
To CITY:
Manny Carrillo
Director of Recreation & Community Services
City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
To LICENSEE:
Stacy A. Brown
President
Christiansen Amusements
1725 S. Escondido Bvld. Ste. E (mailing: P. O. Box 997)
Escondido, CA 92025 (Escondido, CA 92033)
19. ATTORNEY'S FEES. In the event either party hereto fails to comply with any of the terms of
this Agreement, and the other party commences legal proceedings to enforce any of the terms of this
Agreement or terminate this Agreement, the prevailing party in any such suit shall receive, from the
other, a reasonable sum including attorney's fee and costs as may be established by the court.
20. EXTENT OF AGREEMENT. This document represents the entire integrated agreement
between CITY and LICENSEE regarding the subject matter of the 2013 Carnival and Festival and
supersedes all prior negotiations, representations or agreements, either written or oral. This agreement
may be amended only by written instrument signed by both CITY and LICENSEE.
IN WITNESS WHEREOF the parties have caused this Agreement to be executed as follows:
CITY
DATED: September 4, 2013
LnNIti•Ria -0
By: By: i
Manuel Lozano, Mayor Stacy A. Brown
Its President
ATTEST
City Clerk
APPROVED AS TO FORM:
City Attorney
By: 'Z_ C .
Tom Brown
Its Vice - President
Page 4 of 4
r
mok
11 �
BALDWIN
P,A,R,K
r
CITY OF BALDWIN PARK STAFFf?EPORT
ITEM NO �C'
Honorable Mayor and Members of the City Council
Manuel Carrillo Jr., Director of Recreation & Community Services
September 4, 2013
SUBJECT: Award Contract for Printing of the Baldwin Park NOW Publication
c e"
This staff report requests City Council approval of an agreement with Aljon Graphics to
provide binding, printing and postal delivery of the Baldwin Park NOW Publication.
BACKGROUND
In accordance with City Code, a request for proposals was prepared and presented at their
City Council meeting on August 7, 2013 and publicly posted on the City's website as well
as distributed to local vendors.
Listed below are the bid amounts received and opened on August 22, 2013:
LVETIV, 150T,
1) Aljon Graphics
2) The Sauce Creative Services
3) San Dieguito Printers
DISCUSSION
Annual Bid Amount
$21,050
$22,497
$24,416
Staff reviewed the three (3) proposals and determined that Aljon Graphics submitted the
lowest responsible bid in the amount of $21,050.00. Aljon Graphics has also agreed to a
timeline that best fits the needs of the Department in ensuring the Baldwin Park NOW is
received by residents in a timely manner.
Since they are the current printer of the Baldwin Park NOW, a formal notice to proceed will
not be necessary. This will make for a smooth transition with the Department and the
printer for upcoming issues of the Baldwin Park NOW.
Upon approval, the term of the agreement will commence on September 5, 2013 and end
on June 30, 2014. The City reserves the right to negotiate an extension to the initial
contract for an additional period of two (2) years prior to expiration of the contract. The City
will incur an annual cost savings of $5,061.96 immediately upon the Council's approval of
this agreement.
The current budget has sufficient monies allocated for printing services of the Baldwin Park
NOW. The amount of the agreement will be a total of $21,050 annually. The cost savings
of entering into a new agreement will result in an annual savings of $5,061.96.
Staff recommends that the City Council:
Award a Contract to Aljon Graphics for the printing of the Baldwin Park NOW in
the annual amount of $21,050, and
2. Exclude Notice to Proceed and commence services September 5, 2013, and
3. Authorize the Mayor to execute the attached agreement, and
4. Authorize the Director of Recreation and Community Services to execute any
necessary change orders in an amount not to exceed ten percent (10%) of the
original contract.
Attachment: Agreement
THIS AGREEMENT made and entered into this 5 jay of September 2013, by and
between the CITY OF BALDWIN PARK, a municipal corporation (hereinafter "CITY") and
Allon Graphics a California corporation (hereinafter" CONTRACTOR"):
W I T N E S S E T H:
The parties hereto do agree as follows:
(1) RECITALS:. This Agreement is made and entered into with respect to the following facts:
(a) CITY has heretofore solicited sealed public bids for printing services as specified
herein and accordance with the plans and specifications in said City; and
(b) CONTRACTOR has submitted a proposal to accomplish said work; and
(c) The City Council of CITY has heretofore determined, in accordance with all
applicable laws, CONTRACTOR'S said proposal constitutes the lowest responsible
bid and has heretofore awarded said proposal to CONTRACTOR; and
(d) CONTRACTOR is fully qualified to perform the work as hereinafter described.
(2) CONTRACTOR DOCUMENTS: The following documents, incorporated herein by this
reference shall constitute the contract documents referred to in this Agreement.
(a). Request for Proposals (RFP)
(b). Bid Proposal
(c). General Liability Insurance Certificate
(d). Workers Compensation Certificate
(e). Business Automobile Liability Insurance Certificate
(3) NATURE OF WORK: CONTRACTOR agrees to furnish all materials, tools, equipment,
transportation, labor and service necessary to perform and complete in a good and
workmanlike manner the services in the manner designated in this Agreement and the
contract documents.
CONTRACTOR shall provide printing services, which would entail the following:
• Coordinating delivery of design
• Providing proofs for review
• Making final blue line changes
• Printing of approximately 22,250 copies for four issues of the NOW
(1 Issue will include Recreation Guide insert)
• Delivery to the United States Postal Service (USPS) for distribution
• Delivery copies to the Esther Snyder Community Center
• Follow specifications listed in the Request for Proposals (RFP)
(4) COMPENSATION: For work satisfactorily performed by CONTRACTOR, CITY shall pay
CONTRACTOR a total not to exceed amount of Twenty One Thousand Fifty ($21,050) for
all services rendered pursuant to this Agreement and based on a total not to exceed
amount • $7,472.80 for each issue • the NOW. Such compensation shall be paid in a per
issue lump sum within thirty (30) days after CITY approves an invoice (i) submitted by
CONTRACTOR after the satisfactory completion of the service required for each issue of
the NOW and (ii) that describes satisfactory work performed to date and the lump sum to
be paid, any and all amounts previously paid or invoiced and the remaining amount of the
total not to exceed figure established by this Agreement.
5) TERM OF AGREEMENT: This Agreement shall commerce as of September 5, 2013
through June 30, 2014, unless terminated earlier pursuant to this Agreement. The
Agreement may be terminated at anytime by a majority vote of the City Council. The
Agreement shall not be assignable or transferable by either party without the express
written consent of the other party. The City reserves the right to negotiate an extension to
the initial contract for an additional period of two (2) years prior to expiration of the contract.
(6) TERMINATION: ASSIGNMENT: This Agreement may be terminated at anytime by a
majority vote of the City Council and upon ten-days' (10- days') written notice to
CONTRACTOR. This Agreement shall not be assignable or transferable by either party
without the express written consent of the other party.
(7) INDEMNIFICATION: CONTRACTOR shall defend, indemnify and hold harmless CITY and
CITY's officers, agents and employees against all claims, demands, actions, damages, cost
(including reasonable attorney's fees and court cost) and suits brought against any of them
arising from CONTRACTOR'S performance under this Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on
the day and year first above written.
City Clerk Date
11
21
Mayor
Date
ALJON GRAPHI
Contractor:,
Date
�%Kevi Heame — Aljon Graphics
SEP 04
ITEM NO. I
EUCUW� �11211111` 1114001:4
This report requests the City Council reject the Claims for Damages to Person or
Property received for filing against the City.
In order for the statute of limitations to begin on the claims received, it is necessary for
the City Council to reject the claims by order of a motion and that the claimants are sent
written notification of said action.
mgm• r •
Staff recommends City Council reject the claim of Myra Smith and direct staff to send
the appropriate notice of rejection to claimant.
Attachment(s)
Claim filed by:
0 Smith, Myra
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280 JUL 3 11
pri
aldwi
To: n rk
("ity' Of B Pa.
4 rifs Date of Birth (if a minor)
CITY OF BALDWIN PARK
.5. Claimant's Occupatiop
i'i vt e, vv% ) 0 -a— ck
C
U OJ:
RALDWIN CLAIM FOR DAMAGES
.1 V"I
3. Business Address of Claimant
TO PERSON OR PROPERTY
8. Name and address to which nu desire notices or communications to be sent regarding this claim:
M 5 � 10 4oll' Af- Ave J-(j FLtmJe CA �1 741�.
INSTRUCTIONS 2013 Jul,
Date: Awl 1, 2-012- Time: /o iq "Vi ame DeDartment jj
e '
Edo 10 )'1 6 Q & C reC7J o
1. READ CLAIM THOROUGHLY.,
11. Where did -DAMAGE or INJURY occur?
43 ?11�\c
2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS.
12. Describe in detail how the DAMAGE or INJURY occurred
B'V-ect' 7 &i
3. THIS FORM MUST BE SIGNED.
4. DELIVERORMAILTO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC AVE., BALDWIN PARK, CA 91706
13. Were polite or paramedics called? Yes ❑ name, address and phone number*
VVARNING
If yes, what is the Report No?
* CLAIMS FOR DEATH, INJURY TO PERSON ORTO PERSONAL PROPERTY MUST BE FILED
&-t 6 \tl of Cov\ '-7, e e ckfl 0'ck'ect
NOT LATER THAN,6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
16. Total amount of claim to date: $-12,) ' 0 0 Basis for Computation:
* ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE
shall be stated, but you are required to state whether claim
OCCURRENCE. (GOVERNMENT CODE SECTION 911.2)
18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: 13
V,
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280 JUL 3 11
pri
aldwi
To: n rk
("ity' Of B Pa.
4 rifs Date of Birth (if a minor)
1. Name of Claimant
CR Wt
.5. Claimant's Occupatiop
i'i vt e, vv% ) 0 -a— ck
2. Home Address of a man
VV I- ki e, La I -�e CA.. 917 114
6. Home . epho7n Number
W i - ") 5-
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3. Business Address of Claimant
7. Bus'inVes �e,,Iephone Number
8. Name and address to which nu desire notices or communications to be sent regarding this claim:
M 5 � 10 4oll' Af- Ave J-(j FLtmJe CA �1 741�.
�'ccy VVI it ,
9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE:
Date: Awl 1, 2-012- Time: /o iq "Vi ame DeDartment jj
e '
Edo 10 )'1 6 Q & C reC7J o
If claim is for Equitable Indemnity, g! e date claimant _
served with complaint:
11. Where did -DAMAGE or INJURY occur?
43 ?11�\c
Ck 1C V) e
12. Describe in detail how the DAMAGE or INJURY occurred
B'V-ect' 7 &i
14. If physician was visited due to injury, include dal 9 of first visit and physic
No M
13. Were polite or paramedics called? Yes ❑ name, address and phone number*
If yes, was a report filed?. Yes [I No It
If yes, what is the Report No?
14. Why do you claim the City of Baldwin Park is responsible? (Please be specific— Use additi nal sheet if necessary)
&-t 6 \tl of Cov\ '-7, e e ckfl 0'ck'ect
15. List damages incurred to date?
A \ ec-L Os 'wa C' e 's C"YvA wac
L
16. Total amount of claim to date: $-12,) ' 0 0 Basis for Computation:
Limited Civil Case: [@ Yes ❑ No (State the amount of your claim if the total amount is $10,000 or less. if it is over $10,000 no dollar amount
the would be a limited civil. case (total amount of claim does not exceed $25,000).)
shall be stated, but you are required to state whether claim
17. Total amount of prospective damages:$ �,000 Basis for Computation: - cv tA r 4 i cl V1
18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: 13
Name t`llyo'"A c'-ca 'A Address Lq( 0061 i 64 W Ivt I C, Ul dbbl 'c I 11Q Phone
Name Address Phone
19. Signature of Claimant or person filing on claimants behalf; relationship to claimant and date:
/hereby certify (or declare) under penaVotpegury underthe taws of the state of California that the foregoing is true and correct to the best of myknowledge.
20 1-3
1"�M et 'V'
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:t— Relaftonsft to Claimant PriAnte Name Date
_§1qnatd"r elf, c-- 1 M 71M
Note: rreseniation ui u ican,2u a;,uaanll to a salwo ay ®®
M
Due to this "Breach of Contract" I was forced to quit my job because there was no longer any trust
between myself, the Recreation Director and the Recreation Administration. And have since suffered
a year of lost wages.
I L
I In. Wit I k,
F'A' K'
TO:
FROM:
DATE:
CITY OF BALDWIN PARK STAWkEPPbRT
ITEM O. - 57
[SAVILO= I Y - •-
LM�• Wo W-MiTiFri
61?__VTVWS 1K
SUBJECT: Community Housing Development Organization's (CHDO's) Reon
to Affordable Housing Agreement
_E1 . _ •
The purpose is to request the City Council approve the revision to the CHDO Affordable
Housing Agreement between the City and Neighborhood Housing Services of Los
Angeles County (NHSLA).
oil it 6*44 1 im 101
On May 16, 2012, the City entered into an agreement with NHSLA to assist in the
administration of the First Time Homebuyer Program. On August 21, 2013, the City
approved a new agreement with NHSLA to include the administration of the
Neighborhood Stabilization Program that would be funded subsidizing NSP Program
Income with HOME funds. This CHDO NSP Program will allow the City to continue the
NSP Acquisition/Rehabilitation/Resale Program.
Incorporated in 1984, Neighborhood Housing Services of Los Angeles County (NHS)
has catapulted from a small local housing agency to the largest, non-profit affordable
homeownership provider in Southern California. NHS is part of the NeighborWorkso
America national network.
Today, NHS provides work for over 45 employees serving clients throughout Los
Angeles County. Fuelled by passion and determination, the staff and volunteers are
committed to revitalizing communities, building stronger neighborhoods and helping
families of modest means actualize their dream of homeownership.
Since 1984, NHS has developed and rehabilitated over 13,000 housing and commercial
units, placed 2.47 million families on the road to homeownership, created 175 block
clubs, employed 200 youth, and invested more than $2.43 billion back into some of Los
Angeles' toughest neighborhoods.
CHDO Staff Report
September 4, 2103
At the City Council meeting on August 21, 2013, the Council approved substantially the
same agreement between NHSLA and the City. However, after receiving Council
approval, NHSLA realized their oversight to include their affiliates. Therefore, NHS has
requested that the previous agreement be voided and replaced with the attached
agreement expanded to include their affiliates.
The only proposed revision to the previously approved agreement is to change the
definition of "Awardee" from simply NHSLA, to "Neighborhood Housing Services of Los
Angeles County, and its affiliates, NHS Neighborhood Lending Services, Inc., and NHS
of Neighborhood Redevelopment Corporation."
Since contracts with NHSLA are specific to the corporate entity providing the service,
NHSLA needs the requested amendment to the agreement to allow for its lending and
property acquisition affiliates to perform the needed work under the agreement. The
failure to include these affiliates in the draft previously submitted to Council was merely
an oversight.
Neighborhood Housing Services of Los Angeles County (NHS), and its affiliates NHS
Neighborhood Lending Services, and NHS Neighborhood Redevelopment Corporation
are three separate corporations with three separate Board of Directors. These three
corporations are chartered to do business under Neighborhood Housing Services of
Los Angeles County. NHS is the entity, which provides neighborhood revitalization and
stabilization services as well as financial education, and homeownership opportunities,
and other lines of business. NHS Neighborhood Lending Service (NHS NLS) is the
entity responsible for NHS' affordable lending activities providing affordable lending
products as well as working with lending partners, and providing other lending
services. NHS Redevelopment Corporation (NHS NRC) is the entity responsible for
NHS' Mission Driven real estate services, which include property acquisition and
disposition, as well as construction and construction management services.
FISCAL IMPACT
There is no fiscal impact to the general funds.
Staff recommends that the City Council:
1) Authorize the Chief Executive Officer to sign and execute the attached agreement
2) Replace, in its entirety, the agreement approved on August 21, 2013 with the
attached agreement, rendering the prior agreement of no force and effect.
11 0
AMENDMENT
THIS AGREEMENT is made this 311' day of May, 2013, by and between the City of Baldwin Park,
hereinafter referred to as the "CITY", and Neighborhood Housing Services of Los Angeles County and the
following affiliates, NHS Neighborhood Lending Services, Inc., and NHS Neighborhood Redevelopment
Corporation, a California nonprofit corporation hereinafter referred to collectively as the "AWARDEE."
WITNESSETH
WHEREAS, the CITY is the recipient of HOME Investment Partnerships Program Funds and
Neighborhood Stabilization Program Funds (NSP 1) from the U.S. Department of Housing and Urban
Development (HUD), including funds that are reserved for the use of Community Housing
Development Organizations (CHDOs); and hereafter referred to as "GRANT."
WHEREAS, the AWARDEE has been certified with the CITY as a CHDO, and has submitted a
proposal for use of HOME CHDO funds for a CHDO-eligible project under GRANT regulations;
WHEREAS, the City Council authorized the Chief Executive Officer to enter into an agreement
between NHS and the City on August 21, 2013 and the same was executed; thereafter, NHS requested
we expand the definition of AWARDEE as defined herein;
NOW, THEREFORE in consideration of the mutual covenants and obligations herein contained,
including the Attachments, and subject to the terms and conditions hereinafter stated, the parties
hereto understand and agree as follows:
Section I — Definitions
A. CITY — is hereby defined as the City of Baldwin Park, which is the GRANT Program
administering agency. For the purpose of this Agreement and all administration of GRANT
funds, the CITY is responsible for the execution and fiscal and programmatic control of this
Agreement. The term "Approval by the CITY" or like term used in this Agreement shall in no way
relieve the AWARDEE from any duties or responsibilities under the terms of this Agreement, or
obligation under State or local law or regulation.
B. CHIEF EXECUTIVE OFFICER — is hereby defined as the Chief Executive Officer of the CITY.
1
C. WORK — is hereby defined as all the professional and technical services to be rendered or provided
by the AWARDEE as described herein including the Scope of Work at Section III and at
Attachment "A."
E. PROJECT — is defined. in Section III and the Scope of Work at Attachment "A."
F. GRANT — is hereby defined as the HOME Investment Partnerships Program as described in
24 CFR Part 92, under the authority of 42 U.S.C. 3535 (d) and 12701 — 12839 and the
Neighborhood Stabilization Program 1 hereafter referred to as NSP 1.
G. Low - income - is hereby defined to mean that as described at section 42 USC § 1437a.
Section II — Term
The Project is subject to ongoing compliance requirements of GRANT for fifteen (15) years after the
date of initial occupancy by the first owner - occupant of each unit. During this compliance period, the
AWARDEE will assure continued compliance with GRANT requirements. That includes monitoring
units for principal residency and recapture of funds at time of resale.
Timely completion of the WORK specified in this Agreement is an integral and essential part of
performance. The expenditure of GRANT funds is subject to Federal deadlines and could result in the
loss of the Federal funds. By the acceptance and execution of this Agreement, it is understood and
agreed by the AWARDEE the PROJECT will be completed as expeditiously as possible and that the
AWARDEE will make every effort to ensure the PROJECT will proceed and will not be delayed.
Failure to meet these deadlines can result in cancellation of this contract and the revocation of GRANT
funds.
Since it is mutually agreed time is of the essence in regards to this Agreement, and since it is
understood that additional contracts in furtherance of this Agreement shall be
necessary; the AWARDEE shall cause appropriate provisions to be inserted in all contracts or
subcontracts relative to the WORK required by this Agreement, in order to ensure that the PROJECT
will be completed according to the timetable which shall be established upon the purchase of each unit. It
is intended such provisions inserted in any subcontracts be, to the fullest extent permitted by law and
equity, binding for the benefit of the CITY and enforceable by the CITY against the AWARDEE and
its successors and assigns to the P R O J E C T or any part thereof or any interest therein.
In the event the AWARDEE is unable to meet the e s t a b 1 i s h e d schedule or complete the above
services because of delays resulting from Acts of God, untimely review and approval by the CITY and
other governmental authorities having jurisdiction over the PROJECT, or other delays that are not
caused by the AWARDEE, the CITY shall grant a reasonable extension of time for completion of the
WORK. It shall be the responsibility of the AWARDEE to notify the CITY promptly in writing whenever
a delay is anticipated or experienced, and to inform the CITY of all facts and details related to the
delay.
Section III — Scope of Work
The AWARDEE, in close coordination with the CITY, shall provide all necessary professional services to
2
advertise for, interview, find and cause eligible, income - qualified households to purchase homes for use as
owner - occupied residences.
A the time of the purchase of each unit, it is understood the AWARDEE will provide a specific working
budget and a realistic timetable as it relates to: acquisition, construction /rehabilitation, soft costs, and
other allowable costs /activities prior to any fund usage. Said budget shall identify all GRANTS and uses
of funds, and allocate GRANT and non -GRANT funds to activities or line items.
The AWARDEE acknowledges that a written agreement, with terms as required by 24 CFR 92.504, is
needed prior to providing HOME funds to any other entity.
The WORK, as defined at Section I, will be performed in essentially the manner proposed in the
AWARDEE's proposal as received by the CITY. The aforementioned document will be considered to
be a part and portion of this Agreement for reference.
Section IV — GRANT and Disbursement of GRANT Funds
A. The CITY agrees to expend up to Seven Hundred Seventy One Thousand Dollars ($771,000.00) as
financial assistance to eligible, low- income qualified households for acquisition or
rehabilitation of qualified housing, [Four Hundred and Fifty Thousand
Dollars ($450,000.00) through HOME Funds and Three Hundred Twenty One
Thousand ($321,000.00) through NSP 1 funds] referred to herein as "Grant
F u n d s." T e n P e r c e n t (10 %) of these funds shall be provided to AWARDEE for program
management costs in connection with implementing the Program. Expenditure of moneys
shall be paid based on vouchers for actual expenses incurred or paid or escrow documents for
acquisition. The AWARDEE shall not request an amount exceeding the amount needed. Requests for
payment must be submitted by the AWARDEE on forms specified by the CITY, with adequate and
proper documentation of eligible costs incurred in compliance with 2 4 C F R 92.206 and
necessary for HUD Integrated Disbursement and Information System (IDIS) disbursement
requirements. All such expenditures shall be in conformance with an approved project budget.
Budget revision and approval shall be required prior to payment of any expenses not conforming to
the approved project budget.
B. The AWARDEE expressly agrees to complete all WORK required by this Agreement so that at )
the entirety of the NSP 1 Funds set forth in this Section IV is justifiably expended.
C.The AWARDEE will make every effort to disburse all applicable funds ninety (90) day after
receipt of the program income. Parties acknowledge that program income must be disbursed first,
prior to other disbursement requests. Further parties acknowledge that the use of program income
must be administered and utilized in compliance with the CITY's "Neighborhood Stabilization
Program - Program Income Reuse Plan" dated December 16, 2009.
D. The AWARDEE expressly agrees to complete all WORK required by this Agreement so that at
least Two- Hundred Fifty Thousand Dollars ($250,000) of the HOME Funds amount set forth in
this Section IV is justifiably expended on or before August 31, 2013. The AWARDEE
acknowledges that the remainder of the HOME funds shall be expended prior to the dates as listed
in any applicable and future issued HUD reports.
E. The AWARDEE acknowledges that it shall prepare progress reports regarding the project and
3
program income and said reports must accompany funds disbursement requests (see Section
XVII-Reporting Responsibilities below). The CITY reserves the right to not honor or respond to
any disbursement request without a current progress report.
D. The CITY reserves the right to inspect records and project sites to determine that reimbursement and
compensation requests are reasonable or for any other reason including compliance with
governing law. The CITY also reserves the right to hold payment until adequate documentation
has been provided and reviewed. The CITY also reserves the right to change reporting requirements
as needed.
E. The AWARDEE expressly agrees to comply with all HOME Funds record keeping requirements.
F. The AWARDEE may submit a final invoice upon completion. Final payment shall be made after the
CITY has determined all services have been rendered, files and documentation delivered, and units
have been placed in service in full compliance with GRANT regulations, including submission of a
completion report and documentation of eligible occupancy, property standards and long-term use
restrictions.
G. The CITY shall have the right to review and audit all records of the AWARDEE pertaining to any
payment by the CITY. Said records shall be maintained for a period of five years after
completion.
H. The AWARDEE acknowledges that if any of the funds listed herein are no longer available to the
CITY, said funds are likewise unavailable to the AWARDEE.
H. If applicable, AWARDEE shall comply with the audit requirements at 24 CFR 84.26.
Section V - Project Requirements
The AWARDEE agrees to comply with all requirements of the GRANT Program as stated in 24 Code
z:1
of Federal Regulations ("CFR'") Part 92, including but not limited to the following.
A. No GRANT project funds will be advanced, and no costs can be incurred, until the City has conducted
an environmental review of the proposed project site as required under 24 CFR Part 58. The
environmental review may result in a decision to proceed with, modify or cancel the
PROJECT.
Notwithstanding any provision of this Agreement, the parties hereto agree and acknowledge that
this Agreement does not constitute a commitment of funds or site approval, and that such
commitment of funds or approval may occur only upon satisfactory completion of environmental
review and receipt by the CITY of a release of funds from the U.S. Department of Housing and
Urban Development under 24 CFR Part 58.
Further., the AWARDEE will not undertake or commit any funds to physical or choice-limiting
actions, including property acquisition, demolition, movement, rehabilitation, conversion, repair or
construction prior to the environmental clearance, and must indicate that the violation of this
provision may result in the denial of any funds under the agreement.
B. The GRANT funds advanced to the PROJECT will be secured by a note and mortgage, subject to
review and approval of the City.
.19
C. The AWARDEE will ensure that any expenditure of GRANT funds will be in compliance with the
requirements at 92.206, and acknowledges that GRANT funds will only be provided as
reimbursement for eligible costs incurred, including actual expenditures or invoices for WORK
completed.
D. The AWARDEE will ensure that all GRANT assisted units will be in compliance with 24 CFR
92.254, including documenting that the property is eligible under 92.254(a)(1) — (2), and will
maintain compliance during the minimum compliance period. Further, the AWARDEE
acknowledges it shall comply with the resale or recapture requirements in the note and mortgage
documents approved by the City.
E. The designated GRANT-assisted units of this PROJECT will meet the affordability requirements as
found in 24 CFR 92.252 (rental) or 92.254 (owner-occupied) as applicable. The AWARDEE shall
collect and maintain Project beneficiary information pertaining to household size, income levels,
racial characteristics, and the presence of female Headed Households in order to determine low and
moderate - income benefit in a cumulative and individual manner. Income documentation shall be
in a form consistent with GRANT requirements as stated in the HUD Technical Guide for
Determining Income and Allowances Under the HOME Program and NSP I
Program. AWARDEE acknowledges that HOME funds must be repaid if the housing
does not meet the affordability requirements for the applicable period of time required
by 24 CFR 92.252 or 92.25.
F. In the selection of occupants for PROJECT units, the AWARDEE shall comply with all non-
discrimination requirements of 24 CFR 92.350.
G. If the PROJECT is occupied at the time of this commitment, then the AWARDEE will comply
with the relocation requirements of 24 CFR 92.353.
H. The AWARDEE shall assure compliance with 24 CFR 92.251 as relates to Property Standards and
Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as
applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part 35.
The AWARDEE shall further ensure compliance with Baldwin Park Resolution No. 2009-
020 and NSP Standard Agreement 409 -NSP 1 -6254.
1. The AWARDEE shall assure any NOTES and MORTGAGES recorded for homebuyers shall be in
compliance with 24 CFR 92.254 and the AWARDEE will monitor each unit for compliance with
principal residency requirements (under 92.254(a)(3)) and resale/recapture (under 92.254 (a)(4) —
(5))
K. If any project under this Agreement involves the rehabilitation of 12 or more GRANT-assisted
units, t hen the AWARDEE shall comply with the provisions of the Davis-Bacon Act (40 U.S.C.
276 a to a - 7) as supplemented by AGENCY of Labor regulations (29 CFR, Part 5), as amended.
L. If the property is sold through a lease-purchase agreement, then the AWARDEE will ensure
compliance with 92.254(a) (7), as modified by the 1999 Appropriations Act, Section 599B.
M. The AWARDEE will be monitored by the CITY for compliance with the regulations of 24 CFR 92
for the compliance period specified above. The AWARDEE will provide reports and access to project
files as requested by the CITY during the PROJECT and for five (5) years after completion and
closeout of the AGREEMENT.
N. The AWARDEE agrees to comply with 24 CFR Part 84 and OMB Circular A -1.22 as
applicable.
O. The AWARDEE agrees that all contracts or agreements entered into pursuant to this
Agreement shall include all applicable requirements listed above including but not
limited to compliance with 24 CFR 252 or 254, 24 CFR 92, Subparts F and H.
AWARDEE further agrees that all said contracts shall include a statement wherein the
parties acknowledge that HOME funds must be repaid if the housing does not meet the
affordability requirements for the applicable period of time as required by 24 CFR
.7
92.252 or 92.254.
Section VI - Repayment of Loan
A. All GRANT funds are subject to repayment in the event the PROJECT does not meet the Project
Requirements as outlined above.
B. It is understood upon the completion of the PROJECT, any GRANT funds reserved but not
expended under this Agreement will revert to the CITY.
C. Sale of property to another party may occur only with the approval of the CITY, and the
purchaser shall assume all obligations of the AWARDEE under this Agreement, the note and
mortgage, and the deed covenants. Provisions in those documents will provide for the
extinguishment of the requirements only in the event of a third-party foreclosure or deed in lieu of
foreclosure.
D. T he AWARDEE shall lend the GRANT funds to the individual buyers in an amount sufficient to
make the purchase affordable. Any GRANT funds that reduce the price of the property below the
fair market value of the property shall be secured by a GRANT note and deed of trust as
required in 92.254(a)(5)(ii), using the note and mortgage prescribed or approved by the CITY
(and consistent with the method of recapture identified in the CITY's Consolidated Plan.)
1) All net sales proceeds from the sale of units are considered to be Program Income
and must be returned to the CITY as repayment of the GRANT loan.
2) At such time as the AWARDEE purchases PROJECT units, it shall ensure the recordation of a deed
of trust to cover all Grant Funds in addition to a promissory note.
3) All resale proceeds that are received from buyers as they resell the properties during the
compliance period to other buyers shall be considered "Recaptured Funds" under 24 CFR
92.254(a)(5)(H)A)(5) and Must be repaid to the CITY for use in eligible GRANT projects as
required by 24 CFR 92.503. The AWARDEE shall promptly notify the CITY of such.
transactions and will promptly convey any Recaptured Funds to the CITY.
'Ell
It is understood the AWARDEE has certified it is and will maintain CHDO (Community Housing
Development Organization) status for the term of the PROJECT and this Agreement in accordance
with 24 CFR 92. AWARDEE agrees to provide information as may be requested by the CITY to
document its continued compliance, including but not limited to an annual board roster and
certification of continued compliance. CITY reserves the right to monitor the PROJECT as needed for
compliance with governing law. (See also Section XVIII - Inspection, Monitoring & Access to
Records below.) AWARDEE agrees to monitor the PROJECT as needed including but not limited to
long-term compliance for rental and homebuyer programs as applicable.
Any funds advanced as CHDO pre-developent funds must be in compliance with 92.301, and are
forgivable only under the terms in 92.301.
Any funds advanced to the CHDO as CHDO Operating Expenses must be expended in compliance with
24 CFR 92.208.
Any funds the CHDO is permitted to retain as CHDO proceeds from this project shall be used in
compliance with 24 CFR 92.300(a) (2) or as specified in this Agreement.
Section VIII - Procurement Standards
The AWARDEE shall follow the procurement procedures, at Attachment "B," to ensure materials and
services are obtained in a cost-effective manner. When procuring for services to be provided under this
Agreement, the AWARDEE shall comply at a minimum with the nonprofit procurement standards at
24 CFR § § 84.40 - 84.48.
In addition, if the AWARDEE can be considered to be a religious organization, then it shall abide by all
portions of 24 CFR 92.257.
Section IX - Conflict of Interest Provisions
The AWARDEE warrants and covenants it presently has no interest and shall not acquire any interest,
directly or indirectly, which could conflict in any manner or degree with the performance of its
services hereunder. The AWARDEE further warrants and covenants, in the performance of this
contract, no person having such interest shall be employed.
GRANT conflict of interest provisions, as stated in 92.356, apply to the award of any contracts under
this Agreement and the selection of tenant households to occupy GRANT-assisted units.
No employee, agent, consultant, elected official, or appointed official of the AWARDEE may obtain a
financial interest or unit benefits from a GRANT-assisted activity, either for themselves or those
with whom they have family or business ties, during their tenure or for one year thereafter. This
prohibition includes the following:
s Any interest in any contract, subcontract or agreement with respect to a GRANT-assisted
project or program administered by the AWARDEE, or the proceeds thereunder; or
• Any unit benefits or financial assistance associated with GRANT projects or programs
administered by the AWARDEE, including:
0 Occupancy of a rental housing unit in a GRANT-assisted rental project;
7
❑ Receipt of GRANT tenant-based rental assistance;
❑ Purchase or occupancy of a homebuyer unit in a GRANT-assisted project;
❑ Receipt of GRANT homebuyer acquisition assistance; or
❑ Receipt of GRANT owner-occupied rehabilitation assistance.
This prohibition does not apply to an employee or agent of the AWARDEE who occupies a. GRANT-
assisted unit as the on-site project manager or maintenance worker.
In addition, no member of Congress of the United States, official or employee of HUD, or official or
employee of the Participating Jurisdiction shall be permitted to receive or share any financial or unit
benefits arising from the GRANT-assisted project or program.
Prior to the implementation of the GRANT-assisted activity, exceptions to these provisions may be
requested by the AWARDEE in writing to the CITY. The AWARDEE must demonstrate and certify that
it shall comply with 24 CFR § 85.36, 84.42 and/or 92.356 as applicable. More specifically, the AWARDEE
must demonstrate and certify the policies and procedures adopted for the activity will ensure fair
treatment of all parties, and that the covered persons referenced in this policy will have no inside
information or undue influence regarding the award of contracts or benefits of the GRANT assistance.
The CITY may grant exceptions or forward the requests to HUD as permitted by 24 CFR 92356, 85.36
and 84.42, as they apply.
Section X - City Responsibilities
The CITY shall furnish the AWARDEE with the following services and information from existing
CITY records and CITY files:
A. The CITY shall provide to the AWARDEE information regarding its requirements for the
PROJECT.
B. The CITY will provide the AWARDEE with any changes in GRANT regulations or program limits
that affect the project, including but not limited to income limits, property value limits and rent
limits.
C. The CITY will conduct progress inspections of work completed to protect its interests as lender and
regulatory authority for the project, and will provide information to the AWARDEE regarding any
progress inspections or monitoring to assist it in ensuring compliance.
The CITY's review and approval of the WORK will relate only to overall compliance with the
requirements of this Agreement and GRANT regulations, and all CITY regulations and ordinances.
Nothing contained herein shall relieve the AWARDEE of any responsibility as provided under this
Agreement.
Section XI - Equal Employment Opportunity
During the performance of this contract, the AWARDEE agrees as follows:
F-9
A. The AWARDEE will not discriminate, harass or allow harrasement against any employee or applicant
for employment because of any federally protected classification including but not
limited to race, color, religion, sex, ancestry, physical d i s a b i l i t, mental
disabiltiy, medical condition, age. marital status or national origin(s). The
AWARDEE will take affirmative action to ensure the applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, sex or national origin(s).
Such action shall include, but not be limited to, the following: employment, upgrading, demotion,
or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The AWARDEE agrees
to post in conspicuous places, available to employees and applicants for employment, notices to be
provided by the contracting officer of the CITY setting forth the provisions of this
nondiscrimination clause.
B. The AWARDEE will, in all solicitations or advertisements for employees placed by or on behalf of
the AWARDEE, state that all qualified applicants will receive consideration for employment without
regard to any federally protected classification including but not limited to race, color, religion, sex, or
national origin.
C. The AWARDEE will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by the
CITY's contracting officer, advising the labor union or worker's representative of the AWARDEE's
commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
D. The AWARDEE will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
E. The AWARDEE will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to its books, records, and accounts by the CITY and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and order.
F. In the event the AWARDEE is found to be in noncompliance with the nondiscrimination clauses of
this contract or with any of such rules, regulations or orders, this contract may be canceled,
terminated or suspended in whole or in part and the AWARDEE may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of
the Secretary of Labor or as otherwise provided by law.
G. The AWARDEE will include the provisions of paragraphs (a) through (f) of this Agreement in every
subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of
Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The AWARDEE will take such
action with respect to any subcontract or purchase order as the CITY may direct as a. means of
enforcing such provisions, including sanctions for noncompliance; provided, however, that in the
event the AWARDEE becomes involved in, or is threatened with litigation with a subcontractor or
vendor as a result of such direction by the CITY, the AWARDEE may request the United States to
enter into such litigation to protect the interest of the United States.
0
Section X11 - Labor, Training & Business Opportunity
The AWARDEE agrees to comply with the federal regulations governing training, employment and
business opportunities as follows:
A. It is agreed that the WORK to be performed under this Agreement is on a project assisted under a
program providing direct Federal financial assistance from the United States Department of
Housing and Urban Development and is subject to the requirements of Section 3 of the Housing
and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u, as well as any and all
applicable amendments thereto. Section 3 requires that, to the greatest extent feasible, opportunities
for training and employment be given to low income residents of the project area, and that contracts
for WORK in connection with the project be awarded to business concerns which are located in, or
owned in substantial part by persons residing in the project area. The target area shall include the
entire City of Baldwin Park with the priority areas being as follows, prioritized in the
following order by census tract: 4050.02; 4052.01; and 4047.01.
B. The AWARDEE shall comply with the provisions of said Section 3 and the regulations issued pursuant
thereto by the Secretary of Housing and Urban Development set forth in Title 24 of the Code of
Federal Regulations and all applicable rules and orders of the HUD issued thereunder as well as any
and all applicable amendments thereto prior to the execution of this contract as well as during the
term of this contract. The AWARDEE certifies and agrees that it is under no contractual or other
disability, which would prevent it from complying with these requirements as well as any and all
applicable amendments thereto.
C. The AWARDEE will include this Section 3 clause in every subcontract for WORK in connection
with the project and will, at the direction of the CITY, take appropriate action pursuant to the
subcontractor upon a finding that the subcontractor is in violation of regulations issued by the
Secretary of Housing and Urban Development, in 24 Code of Federal Regulations. The AWARDEE
will not subcontract with any subcontractor where it has notice or knowledge that the latter has
been found in violation of regulations under 24 code of Federal Regulations and will not let any
subcontract unless the subcontractor has first provided it with a preliminary statement of ability to
comply with these requirements as well as with any and all applicable amendments thereto.
D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal
Regulations and all applicable rules and orders of the HUD issued thereunder prior to the execution of
the contract shall be a condition precedent to federal financial assistance being provided to the
PROJECT as well as a continuing condition, binding upon the applicant or recipient for such assistance,
its successors, and assigns. Failure to fulfill these requirements shall subject the AWARDEE or
recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified
by 24 Code of Federal Regulations as well as with any and all applicable amendments thereto.
Section X111 - Compliance with Federal, State & Local Laws
The AWARDEE covenants and warrants that it will comply with all applicable laws, ordinances, codes,
rules and regulations of the state local and federal governments, and all amendments thereto,
including, but not limited to; Title 8 of the Civil Rights Act of 1968 PL.90-284; Executive Order
11063 on Equal Opportunity and Housing Section 3 of the Housing and Urban Development Act of
968; Housing and Community Development Act of 1974, as well as all requirements set forth in 24
CFR 92 of the HOME INVESTMENT PARTNERSHIP PROGRAM.
10
The AWARDEE covenants and warrants that it will indemnify and hold the City forever free and harmless
with respect to any and all damages whether directly or indirectly arising out of the provisions and
maintenance of this contract.
The AWARDEE agrees to comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
The AWARDEE agrees to comply with section 504 of the Fair Housing Act including but not
limited to the accessibility requirement (Rehabilitation Act of 1973 (Section 504), 29 U.S.C. § 794;
24 C.F.R. Part 8).
e AWARDEE further warrants and agrees to include or cause to be included the criteria and
requirements of this section in every non-exempt subcontract in excess of $100,000. The AWARDEE
also agrees to take such action as the federal, state or local government may direct to enforce aforesaid
provisions.
Section XIV - Suspension & Termination
In accordance with 24 CFR 85.43, suspension or termination may occur if the AWARDEE
materially fails to comply with any term of the award, and that the award may be terminated
for convenience in accordance with 24 CFR 85.44.
If, through any cause, the AWARDEE shall fail to fulfill in timely and proper manner its obligations
under this contract, or if the AWARDEE shall violate any of the covenants, agreements, or stipulations
of this contract, the CITY shall thereupon have the right to terminate this contract by giving written
notice to the AWARDEE of such termination and specifying the effective date thereof, at least five (5)
days before the effective date of such termination. In such event, the AWARDEE shall be entitled to
receive just and equitable compensation for any WORK satisfactorily completed hereunder to the date
of said termination. Notwithstanding the above, the AWARDEE shall not be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of the contract by the AWARDEE
and the CITY may withhold any payments to the AWARDEE for the purpose of setoff until such
time as the exact amount of damages due the CITY from the AWARDEE is determined
whether by court of competent jurisdiction or otherwise.
Section XV - Termination for Convenience of the CITY
A. The CITY may terminate for its convenience this contract at any time by giving at least thirty (30)
days notice in writing to the AWARDEE. If the contract is terminated by the CITY, as provided herein,
the CITY will reimburse AWARDEE for any actual and approved expenses incurred, including those
costs involved in terminating the contracts and shutting down the work as of the date of notice, and the
AWARDEE will be paid an amount which bears the same ratio to the total compensation as the
services actually performed bear to the total service of the AWARDEE covered by this contract, less
payments of compensation previously made.
B. Claims and disputes between the parties will be submitted to the American Arbitration Association for
resolution. Award or judgment may be entered in any court having jurisdiction thereof.
11
Section XVI - Default -Loss of Grant Funds
If the AWARDEE fails in any manner to fully perform and carry out any of the terms, covenants, and
conditions of the agreement, including all HOME requirements, and more particularly if the
AWARDEE refuses or fails to proceed with the WORK with such diligence as will ensure its
completion within the time fixed by the schedule established upon purchase of each unit, the
AWARDEE shall be in default and notice in writing shall be given to the AWARDEE of such default by
the CITY or an agent of the CITY. If the AWARDEE fails to cure such default within such time as may
be required by such notice, the CITY, acting by and through the CITY, may at its option suspend,
terminate and/or cancel the contract in accordance with 24 CFR 85.43.
In the event of such termination, all Grant Funds awarded to the AWARDEE pursuant to this
Agreement shall be immediately revoked and any approvals related to the PROJECT shall immediately be
deemed revoked and canceled. In such event, the AWARDEE will no longer be entitled to receive any
compensation for WORK undertaken after the date of the termination of this Agreement, as the
Grant Funds will no longer be available for this project.
Such termination shall not effect or terminate any of the rights of the CITY as against the AWARDEE
then existing, or which may thereafter accrue because of such default, and the foregoing provision shall
be in addition to all other rights and remedies available to the CITY under the law and the note and
mortgage (if in effect), including but not limited to compelling the AWARDEE to complete the project
in accordance with the terms of this Agreement, in a court of equity. The waiver of a breach of any
term, covenant or condition hereof shall not operate as a waiver of any subsequent breach of the same or
any other term, covenant, or condition hereof.
Section XVII - Reporting Responsibilities
The AWARDEE agrees to submit any and all quarterly reports required by HUD or the CITY to the
CITY on the following due dates: October 1, January 1, April 1, and July 1, next following the date of
this Agreement.
The CITY will send the AWARDEE one reminder notice if the quarterly report has not been received
fourteen (14) days after the due date. If the AWARDEE has not submitted a report fourteen (14) days
after the date on the reminder notice, the CITY will have the option to terminate the contract as
described in this Agreement. In addition, the AWARDEE agrees to provide the CITY information as
required to determine program eligibility, in meeting national objectives, and financial records
pertinent to the project.
Section XVIII - Inspection, Monitoring & Access to Records
The CITY reserves the right to inspect, monitor, and observe work and services performed by the
AWARDEE at any and all reasonable times.
The CITY reserves the right to audit the records of the AWARDEE any time during the performance
of this Agreement and for a period of five years after final payment is made under this Agreement.
If required, then the AWARDEE will provide HUD with a certified. audit of the AWARDEE's records
representing the Fiscal Year during which the PROJECT becomes complete, whenever the amount listed
in SECTION VII is at or exceeds $300,000, pursuant to the requirements of OMB Circular A -133.
12
Access shall be immediately granted to the CITY, HUD, the Comptroller G eneral of the United States,
or any of their duly authorized representatives to any books, documents, papers, and records of the
AWARDEE or its contractors which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions.
Section XIX - General Conditions
A. All notices or other communication which shall or may be given pursuant to this Agreement shall
be in writing and shall be delivered by personal service, or by registered mail addressed to the other party
at the address indicated herein or as the same may be changed from time to time. Such notice shall be
deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or
the date of actual receipt, whichever is earlier.
CITY:
City of Baldwin Park
Attn: Suzie Ruelas, Housing Manager
14403 E. Pacific Avenue
Baldwin Park, CA 91706
11
114011111
Neighborhood Housing Services of Los Angeles County
Attn: Lori R. Gay
3926 Wilshire Boulevard, Ste. 200
Los Angeles, CA 90010
B. Title and paragraph headings are for convenient reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or conditions contained
in any attached documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a subsequent
breach of the same or any other provision hereof, and no waiver shall be effective unless made in
writing.
E. The parties hereto agree that this Agreement shall be construed and enforced according to the laws
of the State of California. Venue for any legal action between the parties related to this
Agreement shall be Superior Court of Los Angeles County.
F. If any provisions, paragraphs, sentences, words or phrases contained in this Agreement be
determined by a court of competent jurisdiction to are invalid, illegal or otherwise unenforceable
under the laws of the State of California or the CITY, t h e n such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable to conform with such laws, then same shall be
deemed severable, and in either event, the remaining terms and provisions of this Agreement
shall remain unmodified and in full force and effect.
G. The AWARDEE shall comply with the provisions of the Copeland Anti-Kick-Back Act (18
U.S.C. 874) as supplemented in the Department of Labor Regulations (29 CFR Part 3), as
amended.
H. The AWARDEE shall comply with the provisions of sections 103 and 107 of the Contract Work
Hours and Safety Standard Act (40 U.S.C. 327-330) as supplemented by Department of Labor
regulations (29 CFR, Part 5), as amended.
13
[ The undersigned to the best of his nrher knowledge oc belief, that:
A. Not federal funds have been paid m will bo paid, byorw behalf nf it, W
any person for influencing or attempting to influence an officer of employee of any agency, a Member of
Congress, an officer or employee o[Congress, or an employee ofu Member nfCongress in connection
with the awarding of any Federal contract, the nnukiu& of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agrocrnout" and the extension, continuation, rcoovva,
amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
B. If any funds other than Federal appropriated funds have been paid or will he paid to
any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer oremployee of Congress, or an employee ofu Member ofCongress in connection
with this Federal contract, grant, loan, or cooperative agreement, d will complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
J. The AWARDEE further warrants and agrees to include mcause to be included the criteria and
requirements of paragraphs (G) through (1] of this eoodnu in every nonexempt subcontract. The
/\WAIQ0EE also agrees to take such action as the federal, abge or ioou| government may direct to
enforce aforesaid provisions.
K. The obligations undertaken 6vAYA0]CB pursuant tothis Agreement shall not be delegated or
oeoin'eJ to any other person or uguooy unless CITY ahu| first consent in writing to the
performance or uonignnocn1 of such service or any part thereof bv another person or agency.
L The Agreement shall he binding upon the parties hereto, their heirs, executors, legal representative,
successors and assigns.
M. /\WA]lI)BC ahu| indemnify and save CITY, its cn/pkxcus, agents, elected and appointed oOlcbdm
and/or volunteers, huznn|cxo from and against any negligent u|ubuy` liabilities, |ommmm and ououcs of
action which may arise out ofAJ\Q\R[)2B`e activities under this Agreement, including all other acts
or unuioyiuna to uu( on the part ofAWADJ0BB` including any person acting for or on its hehu|[ and,
frommd against any orders, judgments, m decrees which may bc entered, and from and against all
costs, attorneys fees, expenses and liabilities incurred in the defense ofany such claims, or in the
investigation thereof.
N. Without limiting /\W/\}U)EB`a indemnification, it is aoroed/\WAIQDBE shall maintain in force at all
1bnea during the performance of this Agreement opo|i or policies, of insurance covering its operations.
/\W/\RI)BE shall furnish City with certificates evidencing the maintenance of such insurance coverage.
City shall be given nohooinv/htiuga1|cau thirty (3O) days prior to cancellation o/ modification ofany
policy. City, its offiocraand employees shall be named uy additional insured ou all policies ofliability
14
insurance. All policies of insurance shall be in a company authorized by law to transact insurance
business in the State of California and shall include the following:
(a) General Liability- with a combined single limit of ONE MILLION DOLLARS
($1,000,000).
(b) Automobile- if used in performing services hereunder, automobile insurance must be
obtained in an amount of ONE MILLION DOLLARS ($1,000,000)
(c) Workers' Compensation- in compliance with California Workers' Compensation
Laws.
0. AWARDEE and its employees and agents shall be deemed to be independent contractors, and not
agents or employees of the CITY, and shall not attain any rights or benefits under the civil service or
pension ordinances of the CITY, or any rights generally afforded classified or unclassified employee;
further they shall not be deemed entitled to state compensation benefits as an employee of the
CITY.
P. Funding for this Agreement is contingent on the availability of funds and continued authorization for
program activities and is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
Q. Any amendments or modifications to this Agreement shall be done in writing and executed by the
parties.
R. The agreement previously executed by the City and NHS on August 22, 2013 is of no force and
effect.
Wherefore the parties have authorized the signatures set forth below:
City of Baldwin Park
In
Vijay Singhal, Chief Executive Officer
Neighborhood Housing Services of
Los Angeles County
By:
Its
By:
Its
15
Attachment A
® Neighborhood Housing Services of Los Angeles County ( AWARDEE) will utilize City of
Baldwin Park's HOME and Neighborhood Stabilization Program 1 funding in the combined
total amount of Seven Hundred Seventy One Thousand Dollars ($771,000 (total NSP 1 funds
$321,000 and 450,000 in HOME) to serve as capital for acquisition of distressed, foreclosed,
or vacant properties in target areas or priority areas, down payment assistance to low - income
families, home rehabilitation loans for low- income families and individuals in the target areas
or priority areas of Baldwin Park. These loans would allow for families to make critical
repairs to their homes, with a focus on health and safety code violations. The expected
outcome of the Program is to make a vital difference in asset building and maintenance in our
communities by assisting families and individuals to maintain and improve their assets in
order to create long -term neighborhood stabilization and communities of choice. In addition,
AWARDEE hopes to revitalize neighborhoods by acquiring blighted or abandoned properties,
rehabilitating them, and creating affordable homeownership opportunities for individuals or
families in the community.
II. GOALS AND OBJECTIVES
A. 100% of the families receiving home rehabilitation loans will also receive home repairs,
making their home more safe and healthy.
B. AWARDEE will be responsible for construction management which will include but is not
limited to:
1. AWARDEE shall be responsible for preparing a schedule of performance for review
and approval by the City no later than 30 days after execution.
2. Complete Property Inspections which include checking for code violations and safety
hazards,
2. Prepare work write ups for rehabilitation,
3. Manage contractor bid process and selection,
4. Check for code violations and safety hazards and coordinate with the City of Baldwin
Park to correct any violations or hazards at the time of Rehabilitation.
5. Monitor and supervise construction until completion.
C. AWARDEE will locate, negotiate, and have authority to purchase properties for the
purpose of rehabilitation and resale,
D. AWARDEE will be responsible for all necessary rehabilitation using construction.
management services and shall enter contracts in furtherance of this Agreement for the
same,
16
E. AWARDEE will be responsible for disposition of such properties and will provide
Mission Real Estate Services to liquidate and assist in resale of such properties which
include but are not limited to:
1. Advertising and Outreach, including preparation of an Affirmative Marking Plan
2. Pre - qualification
3. Negotiations
4. Escrow and Closing Coordination
F. AWARDEE will provide down payment assistance to qualified low e income applicants
using Grant funds.
G. AWARDEE will be responsible for advertising such programs to the public with some
assistance from the City of Baldwin Park.
H. AWARDEE shall ensure compliance with the CITY's Minority and Business Outreach
Program
I. AWARDEE will be responsible for collecting necessary and required paperwork to provide
applicants rehabilitation or down payment assistance loans.
J. AWARDEE will provide required 8 hour HUD approved homebuyer course for all applicants.
K. AWARDEE will ensure that 100% of all applicants will receive a financial analysis of their
current situation and financial counseling to improve their financial condition.
L. The impacted properties pursuant to this Agreement shall improve the surrounding
neighborhood and that they will become neighborhoods of choice for residents, families, and
potential homeowners.
M. This program will enable AWARDEE to leverage additional funding for The City of Baldwin
Park and will be a starting point for other residents interested in similar services.
III. EXPECTED OUTCOMES
Qualitative outcomes will be measured based on the successful completion of home repairs and
rehabilitation, financial education, counseling, intake, and follow -up.
17
m
A. Procurement
NHS of Los Angeles County is required to adhere to all applicable procurement
requirements in the selection and award of contracts for goods and services. Therefore,
all solicitation of bids for goods and services to be paid with City of Baldwin Park's
funds must be conducted openly and competitively in accordance with applicable
Procurement guidelines, as applicable.
Procurement Standards
24 CFR Part 84 requires Neighborhood Housing Services of Los Angeles County is to adhere to
the Federal Regulations when purchasing:
1. 1. Services;
2. 2. Supplies and Materials; and,
3. 3. Equipment
Four Procurement Methods:
1. 1. Small purchases (more than $15,000 and less than $100,000)
2. 2. Sealed bid (construction)
3. 3. Request for proposals (RFP)
4. 4. Non Competitive
1. The Small Purchase method requires competitive quotes; select the most reasonable offer; and,
using purchase orders or petty cash to purchase (i.e. purchase of Laptops would fall into this
category: requiring documentation attached describing other quotes and selection criteria).
2. The Sealed Bid is used for construction contracts and purchase of equipment /supplies. This
process involves: 1) Developing an invitation for bids; 2) Publicly soliciting bids; 3) Opening
bids and announcing prices; 4) Reviewing bids in detail; and, 5) Awarding contract to winning
bidder.
3. The RFP is used when sealed bid is not appropriate (i.e. SJC 3 Consulting). This process
involves: 1) Announcing & issuing RFP; 2) Opening, reviewing and comparing proposals; 3) If
necessary, negotiating & requesting and reviewing best and final offers; and, 4) Awarding the
contract.
4. The Non - Competitive award is permitted when prior 3 methods are not feasible. This type
usually applies when: 1) Item is available from only one source; 2) Emergency situation. Note:
this award must include a cost analysis and written justification.
Two basic types of Contracts are permitted:
1. 1. Firm fixed price (Agreed upon price, regardless of actual cost) (Always used for
Sealed Bid Method); and,
2. 2. Cost reimbursement (Estimated cost w/ ceiling)
Bonding — Contracts > $100k requires completion assurance through performance & payment
bonds.
Insurance requirements: Workers Compensation; employee liability; auto insurance;
comprehensive; and, property damage. Some of the more common sense rules that apply are
Ethics in Contracting, Fair Housing & Equal Opportunity Rules.
P - A • R • K
TO:
FROM:
DATE:
SUBJECT:
.. •-
Honorable Mayor and Members of the City Coun
Daniel Wall, Director of Public
60TO • i
SEP 0
APPROVE AND AUTHORIZE AMENDED AND RESTATED
EXCLUSIVE FRANCHISE AGR t R SOLID WASTE
HANDLING
It recommended the City Council approve a proposed amended and restated exclusive
franchise agreement with Waste Management of San Gabriel / Pomona Valley (WM)
for solid waste handling and authorize the Mayor to sign the proposed agreement.
Since 1990, the City of Baldwin Park has had an exclusive franchise agreement with
WM, and its predecessor, for the collection and disposal of all refuse and solid waste
generated within the City of Baldwin. During that time, the services under that
agreement have evolved through six City Council approved amendments. The focus of
the agreement continues to be the safe, efficient and economical collection, recycling
and disposal of solid waste. However, new laws and environmental regulation, such as
AB 341 mandating commercial and multi - family residential recycling, play an important
role in the services to be provided under the amended and restated agreement.
Staff has successfully negotiated the following new revenue and service enhancements
to the previous franchise agreement:
• WM will pay a Contract Modification fee of one million dollars ($1,000,000)
within 30 business days after the effective date of the proposed agreement
• WM will pay an Annual Benefit Fund fee of $50,000 per year
• WM will implement a scholarship program providing one or more graduating
high school students scholarships, with an aggregate value of not more than
Two Thousand Five Hundred Dollars ($2,500.00) each Fiscal Year.
• WM will implement a student internship program at its local office, for the
purpose of providing training in the provision of solid waste handling
services, for one high school student residing in the City for three months
• WM will designate a dedicated Franchisee Liaison /Representative who will
be responsible for on going outreach to community groups, school
assemblies and homeowner's associations.
• WM will collect illegally dumped material at City facilities and within twenty
feet of the public right of way on Ramona Boulevard, Baldwin Park
Boulevard, Maine Avenue and Puente Avenue within one business day of
observation by WM or a request for removal from the City.
• WM will implement backyard valet service, at no additional cost, for disabled
or physically challenged Single - Family Accounts (as defined in the proposed
agreement) meeting certain requirements.
This agreement requires WM to continue to:
• Pay a Franchise Fee equal to fifteen percent (15 %) of the gross receipts for
providing single - family service and multi - family service and eighteen percent
(18 %) of gross receipts for providing commercial /industrial service. Estimated
first year value of $1,200,000.
• Pay the AB 939 Fee of $1.29 per solid waste cart per month ($0.46 per solid
waste cart for accounts receiving a senior discount) for single - family service.
Estimated value of $280,000.
• Pay an Integrated Waste Management Fund Fee of $30,000 per year.
• Provide curbside bulky item pick up from single - family and multi - family
customers at no additional cost each Friday. Customers need to notify WM
at least one business day in advance and the bulky items will be collected on
the next Friday collection day.
• Collect and safely process sharps waste generated at residential locations.
• Collect holiday trees placed at the curbside of all single - family locations and
near the bin storage at all multi - family locations on the two regularly
scheduled collections days following Christmas Day.
Term
This 10 -year agreement will be in effect until June 30, 2023.
Rates / Increases
This agreement allows for rates to be increased annually by the Consumer Price Index
(CPI) not to exceed 5 %. In accordance with Government Code section 53756 and the
proposed agreement, current residential and commercial rates are allowed to increase
by the CPI for fiscal years 2013/2014 and 2014/2015. The attached Exhibit A from the
proposed agreement contains proposed rates for fiscal year 2013/2014. Changes to
rates beyond fiscal year 2014/2015, including changes based on the CPI, require
completion of a hearing and protest process to the extent required by Proposition 218.
Through the proposed agreement, the City agrees to initiate that hearing and protest
process by January 15, 2015. At the conclusion of the process, if a majority protest is
not received, then the increases discussed as part of the process can be implemented,
including annual increases based on CPI but only for five years. Any CPI increases
after that 5 -year period would require another hearing and protest process.
In order to comply with the requirements of the Mandatory Commercial and Multi- family
Recycling law (AB 341) commercial and multi - family accounts will be converted to
blended refuse /recycling with rates to be established through the Proposition 218
hearing and protest process. Commercial and multi - family accounts that utilize this
service may see a reduction in the solid waste cost.
FISCAL IMPACT
WM will pay the following fees to the City:
• A new Contract Modification fee of one million dollars ($1,000,000) within 30
business days after the effective date of the proposed agreement
• A new Annual Benefit Fund fee of $50,000 per year.
• The current Franchise Fee equal to fifteen percent (15 %) of the gross
receipts for providing single - family service and multi - family service and
eighteen percent (18 %) of gross receipts for providing commercial /industrial
service. Estimated first year value of $1,200,000.
• The current AB 939 Fee of $1.29 per solid waste cart per month ($0.46 per
solid waste cart for accounts receiving a senior discount) for single - family
service. Estimated value of $280,000.
• The current Integrated Waste Management Fund Fee of $30,000 per year.
ire]
Staff recommends that the City Council:
1. Approve the amended and restated exclusive franchise agreement with Waste
Management of San Gabriel / Pomona Valley (WM) for solid waste handling,
and;
2. Authorize the Mayor to sign the agreement.
............ .
1. Amended and Restated Franchise Agreement.
My 13121 !
THIS AMENDED & RESTATED EXCLUSIVE FRANCHISE AGREEMENT FOR
PROVISION OF SOLID WASTE HANDLING SERVICES ( "Agreement ") is made and
entered into this day of 2013, by and between WASTE
MANAGEMENT COLLECTION & RECYCLING, INC., a California corporation, doing
business as, "Waste Management of San Gabriel /Pomona Valley" ('Franchisee ") and THE
CITY OF BALDWIN PARK, a municipal corporation of the State of California (the "City ").
City and Franchisee are occasionally herein referred to each as a "Party" and collectively as
the "Parties."
RECITALS
A. The Legislature of the State of California, by enactment of the California
Integrated Waste Management Act of 1989, Public Resources Code Sections 49100, et seq.,
( "the Act" or "AB 939 "), has declared that a city may determine all aspects of solid waste
handling which are of local concern, including, but not limited to, frequency of collection,
means of collection and transportation, level of services, charges and fees and the nature,
location and extent of providing solid waste handling services.
B. Pursuant to California Public Resources Code Subsection 40059(a)(1), the
City Council of the City has determined that the public health, safety, and welfare require
that an exclusive franchise be awarded to a qualified solid waste enterprise for solid waste
handling in residential, commercial, and industrial areas in the City.
C. On or about January 1, 1990, the City and Webster's Refuse Disposal, a
predecessor in interest to Franchisee, entered into an "Agreement for Collection of Solid
Wastes" (the "1990 Franchise Agreement ") for the provision by Franchisee of certain
services for, among other things, the collection, transportation, disposal and recycling of
residential, industrial and commercial waste, which services were specifically set forth in the
1990 Franchise Agreement. The 1990 Franchise Agreement was amended by City and
Webster's Refuse Disposal or Franchisee, several times over the past twenty -three years,
which amendments and the 1990 Franchise Agreement shall be hereinafter collectively
referred to as the "Prior Franchise Agreement."
D. The Prior Franchise Agreement is currently subject to a month -to -month
extension pursuant to Amendment No. 6 to the Prior Franchise Agreement.
E. The City and Franchisee desire to enter into a long -term renewal of their
arrangements for solid waste handling services.
01067/0001/141784.9 1
F. This Agreement is intended to replace and supersede the Prior Franchise
Agreement in its entirety, except for Franchisee's indemnification of the City arising from
matters occurring prior to the Effective Date of this Agreement.
G. It is the intent of the Parties to provide for the exclusive right of collection of
all solid waste from single - family, multi - family and commercial/industrial premises within
the City, in accordance with the terms and conditions set forth herein.
H. The Legislature, by enactment of the Global Warming Solutions Act of 2006
( "AB 32 "), has declared the reduction of greenhouse gas ( "GHG ") emissions that cause
climate change is among the State's top priorities. Local governments will play a vital role in
the implementation of AB 32 by identifying opportunities and best practices to increase
waste reduction and recycling, thereby reducing carbon emissions. Franchisee's operation of
a Materials Recovery Facility located close to the City will contribute to GHG emissions
reductions by reducing fuel consumption and vehicle miles traveled in performing waste
collection and diversion activities for the City and by recovering and recycling commodities
in the waste stream.
NOW THEREFORE, in consideration of the promises and covenants contained
herein, the above recitals, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereto agree as follows:
ARTICLE I
DEFINITIONS; DELEGATION OF AUTHORITY
1.1. General. Whenever any term used in this Agreement has been defined by the
provisions of Chapter 50 of the Baldwin Park Municipal Code (hereinafter "Chapter 50 ")
or by Division 30, Part I of the California Public Resources Code, the definitions in the
Municipal Code or the Public Resources Code shall apply unless the term is otherwise
expressly defined in this Agreement or the context requires, in which case this Agreement
shall control.
1.2. Definitions. Except as provided in Section 1.1, words beginning with lower
case letters are being used with their common ordinary meanings, not as defined terms.
Otherwise, the following capitalized words and terms shall have the following respective
meanings:
1.2.1. AB 341. "AB 341" means those provisions of "the Act" related
to commercial and multi - family recycling that became effective on January 1, 2012.
1.2.2. AB 939. "AB 939" means the California Integrated Waste
Management Act of 1989, Public Resources Code Section 40000 et seq. and regulations
promulgated thereunder, as amended from time to time.
1.2.3. Account. "Account" means premises located within the City
receiving services pursuant to this Agreement, or the person arranging for services
01067/0001/141784.9 2
pursuant to this Agreement, as the case may be. The word "Account" is used
interchangeably with the word "Customer" in this Agreement.
1.2.4. Activation Fee. "Activation Fee" means a fee charged by
Franchisee to compensate it for expenses incurred where re- establishing service
following a suspension of service due to non - payment.
1.2.5. Agreed Upon Procedure. "Agreed Upon Procedure" shall mean
the procedures and methodology approved by the City's Finance Department for review
and audit of Franchisee's financial records in connection with this Agreement.
1.2.6. Agreement or Haul Agreement. "Agreement" or "Haul
Agreement'' means this Amended & Restated Exclusive Franchise Agreement For
Provision of Solid Waste Handling Services, including all exhibits and attachments, and
any amendments.
1.2.7. Bagster® Bag. `Gagster® Bag" means a soft -sided
polypropylene Container that can hold up to 3,400 pounds of solid waste, is purchased
by the customer at a local hardware or home supply store by the customer, and is
collected by Franchisee using a special vehicle with an overhead crane.
1.2.8. Bagster® Service. `Gagster*) Service" means a method for
single - family, multi- family or commercial /industrial customers to arrange for collection
of solid waste as an alternative to temporary Bin or Roll -Off box service, using a
Bagster® Bag. Franchisee will provide for collection/processing of the Bagster® Bag.
Bagster® Service is considered a special temporary service. Bagster® Service is
intended as a service additional to, and not as a substitution for, temporary Bin or Roll-
Off service.
1.29. Bin. `Gin" means a metal or rigid plastic Container with a
capacity of one to six cubic yards, having a hinged lid and wheels, which is serviced by
a front -end loading truck.
1.2.10. Bin Service. "Bin Service" means collection services provided
to accounts using Bins provided by Franchisee. Bin Service may be provided to Single -
Family Premises, Multi - Family Premises or Commercial/Industrial Premises on a
Permanent or Temporary basis.
1.2.11. Biohazardous Waste. ` Biohazardous Waste" means those
materials defined as "biohazardous waste" in Health and Safety Code § 117635.
1.2.12. Bulky Items. `Bulky Items" means discarded furniture
(including but not limited to chairs, sofas, mattresses, and rugs); appliances (including
but not limited to refrigerators, ranges, washers, dryers, water heaters, dishwashers,
plumbing, small household appliances, and other similar items, commonly known as
"white goods "); Wood Waste, tree trunks, and large branches if more than six inches in
01067/0001/1417849 3
diameter or four feet in length, or scrap wood not exceeding three cubic yards, and e-
waste. Bulky Items do not include construction and demolition waste, or large items
such as car bodies, Jacuzzi tubs or spas, or other items that cannot be handled by two
persons. In addition, Bulky Items do not include waste tires, or Universal Waste.
1.2.13. Board or CIWMB. 'Board" or "CIWMB" means the California
Integrated Waste Management Board, as established pursuant to the Act (Public
Resources Code §§ 40000 et seq.) or such successor entity to which the duties of the
California Integrated Waste Management Board are assigned, including without
limitation the Department of Resources Recycling and Recovery ( "CalRecyele ").
1.2.14. CalReeycle. "CalReeycle" means the California Department of
Resources Recycling and Recovery, or any successor agency.
1.2.15. Cart "Cart" means a plastic Container having a hinged lid and
wheels, which is serviced by an automated side - loading truck.
1.2.16. Cart Service. "Cart Service" means collection services provided
to Accounts using Carts provided by Franchisee. Cart Service may be provided to
either Single - Family Premises or Multi - Family Premises on a Permanent basis.
1.2.17. Cam. "City" means the City of Baldwin Park, a municipal
corporation organized under the laws of the State of California, and all of the territory
lying within the municipal boundaries of the City as presently existing and, subject to
the provisions of Section 3.13, all geographic areas which may be added or annexed
thereto during the term of this Agreement.
1.2.18. City Facility. "City Facility" means any building, park or other
site owned, leased or used by the City.
1.2.19. Chief Executive Officer. "Chief Executive Officer" means the
Chief Executive Officer of the City or his or her designee(s).
1.2.20. Commercial /Industrial Premises. "Commercial /Industrial
Premises" means property upon which a business activity is conducted, including but
not limited to retail sales, services, manufacturing, assembling, storage, or wholesale
operations, but excluding businesses conducted upon Single- Family Premises or Multi -
Family Premises that are permitted under applicable zoning regulations and that do not
constitute the primary use of the property. Commercial /Industrial Premises may
receive Bin Service, Roll -Off Service, Cart Service or Bagsterk Service.
Commercial /Industrial Premises also include hotels, motels, other temporary housing
facilities, and senior citizen housing complexes.
1.2.21. Commercial /Industrial Service means solid waste handling
services provided to Commercial /Industrial Premises, which may include both
Permanent and Temporary service.
01067/0001/141784.9 4
1.2.22. Construction and Demolition Waste or C &D Material.
"Construction and Demolition Waste" or "C &D Material," means any combination of
inert building materials and Solid Waste resulting from construction, remodeling,
repair, clean -up, or demolition operations as defined in California Code of Regulations,
Title 22 Sections 66261.3 et seq. This term includes, but is not limited to, asphalt,
concrete, cement, brick, Lumber, gypsum wallboard, cardboard, and other associated
packaging, roofing material, ceramic tile, carpeting; plastic pipe and steel. The material
may be commingled with rock, soil, tree stumps and other vegetative matter resulting
from land clearing and landscaping for construction or land development projects.
1.2.23. Container. "Container" means a Cart, Bin, Roll -Off Box,
Bagster® Bag, or other receptacle for Solid Waste, Recyclable Material or Green
Waste.
1.2.24. Contamination. "Contamination Fee" means an amount charged
by Franchisee to Commercial /Industrial Accounts to recover its costs for separating
Solid Waste placed in Recyclable Materials or Green Waste Containers, or for
arranging special, unscheduled Solid Waste collections, due to placement of Solid
Waste in Recyclable Materials or Green Waste Containers.
1.2.25. Contract Year. "Contract Year" means each July 1 —June 30
period during the term of this Agreement.
1.2.26. Count . "County" means the County of Los Angeles.
1.2.27. Day. "Day" means calendar day, unless otherwise stated in this
Agreement.
1.2.28. Disposal Fee. "Disposal Fee" means those costs imposed at a
Disposal Site for the reuse, processing, handling recycling, transfer, transportation or
disposal of Solid Waste collected by Franchisee.
1.2.29. Disposal Site. "Disposal Site" means a final end -point or
permanent site for the reuse, processing, handling, recycling, transfer, transportation or
disposal of Solid Waste, such as a landfill, incineration facility, Materials Recovery
Facility for Recyclables or transfer station.
1.2.30. Divert or Diversion. "Divert" or "Diversion" means to divert
from a Disposal Site or Transformation Facilities, as described in Section 40201 of the
Act (including incineration, pyrolysis, distillation, gasification or biological
conversion), through source reduction, Recycling and composting, as provided in
Section 41780 of the Act as such act may be hereafter amended or superseded;
provided, that Divert or Diversion shall include delivery to transformation facilities if
the overall Diversion achieved by the City is at a Level where delivery to such facilities
shall be considered Diversion pursuant to the Act.
01.067/0001/141784.9 5
1.2.31. Dwelling Unit. "Dwelling Unit" for purposes of this Agreement
means any Single - Family Premises or any individual living unit in a Multi- Family
Premises intended for, or capable of being utilized for, residential living.
1.2.32. Effective Date. The term 'Effective Date" means the later of
either July 1, 2013, or the date that (i) this Agreement has been fully executed, and (ii)
thirty (30) days following adoption of any authorizing ordinance or resolution
approving this Agreement as stated on the first page hereof.
1.2.33. Electronic Waste or E- waste. "Electronic Waste" or `B- waste"
means "Covered Electronic Waste" as defined in Section 42463 of the Public Resources
Code and other discarded electronic equipment commonly known as "brown goods"
such as, but not limited to, CD players and recorders, DVD players and recorders,
stereos, computers, printers, keyboards, and peripherals. Revenues from the recycling
of Electronic Waste shall be accounted for separately from revenues from other
Recyclable Materials.
1.2.34. Food Waste. "Food Waste" means solid waste comprised of
animal, fruit or vegetable matter that results from the preparation, consumption, decay,
dealing in or storage of meats, fish, fowls, fruits or vegetables.
1.2.35. Franchisee. "Franchisee" means Waste Management Collection
& Recycling, Inc. a California corporation.
1.2.36. Franchise Documents. "Franchise Documents" means Chapter
50 as the same exists or may be amended in the future of the Baldwin Park Municipal
Code, this Agreement and all attachments to this Agreement.
1.2.37. Franchise Fee. "Franchise Fee" means that consideration paid
by Franchisee to the City as consideration for the grant of exclusive franchise effected
by the Agreement and as described in Section 3.3.1 hereof.
1.2.38. Green Waste. "Green Waste" means any and all forms of
biodegradable plant material which can fit within a Cart, such as wastes generated from
the maintenance, repair or replacement of public, commercial or residential landscaped
areas, including, but not limited to, yard clippings, leaves, tree trimmings, prunings,
brush, and weeds as well as green waste. Tree stumps and limbs that are six inches in
diameter or four feet in length or greater are excluded, unless they are reduced to a
chipped form; otherwise, such large portions of Green Waste shall be considered Bulky
Waste. Green Waste does not include palm fronds.
1.2.39. Gross Receipts. "Gross Receipts" means all monetary amounts
actually collected or received by Franchisee for the collection of Solid Waste, Green
Waste, and Recyclable Material pursuant to this Agreement (and includes but is not
limited to, Overage Fees, Roll -Off service fees, and Bin rental fees). Gross Receipts,
for purposes of this Agreement, does not include material sales revenues derived from
01067/0001/141784.4 6
the collection of recyclable materials, Special Fees, or other receipts from state and
local government accounts (including CalRecycle beverage container recycling
payments).
1.2.40. Hazardous Waste. "Hazardous Waste" means any hazardous or
toxic substance, material or waste, which is or becomes regulated by any local
governmental authority, the State of California or the United States Government. The
term "Hazardous Material" includes, without limitation, any material or substance
which is: (i) petroleum or oil or gas or any direct or derivate product or byproduct
thereof, (ii) defined as a "hazardous waste," "extremely hazardous waste" or "restricted
hazardous waste" under Sections 25115, 25117 or 25122.7, or listed pursuant to Section
25140, of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous
Waste Control Law); (iii) defined as a "hazardous substance" under Section 25316 of
the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-
Tanner Hazardous Substance Account Act); (iv) defined as a "hazardous material,"
"hazardous substance," or "hazardous waste" under Sections 255010) and (k) and
25501.1 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory); (v) defined as a
"hazardous substance" under Section 25281 of the California Health and Safety Code,
Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (vi) "used
oil" as defined under Section 25250.1 of the California Health and Safety Code; (vii)
asbestos; (viii) listed under Chapter 1.1 of Division 4.5 of Title 22 of the California
Code of Regulations, or defined as hazardous or extremely hazardous pursuant to
Chapter 10 of Division 4.5 of Title 22 of the California Code of Regulations; (ix)
defined as waste or a hazardous substance pursuant to the Porter - Cologne Act, Section
1.3050 of the California Water Code; (x) designated as a "toxic pollutant" pursuant to
the Federal Water Pollution Control Act, 33 U.S.C. Section 1317; (xi) defined as a
"hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act,
42 U.S.C. Section 6901, et seq. (42 U.S.C. § 6903); (xii) defined as a "hazardous
substance" pursuant to the Comprehensive Environmental Response, Compensation and
Liability Act, 42 U.S.C. Section 9601, et seq. (42 U.S.C. § 9601); (xiii) defined as
"Hazardous Material" pursuant to the Hazardous Materials Transportation Act, 49
U.S.C. Section 5101, et seq.; or (xiv) defined as such or regulated by any "Superfund"
or "Superlien" law, or any other federal, state or local law, statute, ordinance, code,
rule, regulation, order or decree regulating, relating to, or imposing liability or
standards of conduct concerning Hazardous Materials and/or oil wells and /or
underground storage tanks and/or pipelines, as now, or at any time hereafter, in effect.
1.2.41. Household Hazardous Waste or HHW. "Household Hazardous
Waste" or "HHW" shall mean that waste resulting from products purchased by the
general public for household use which, because of their quantity, concentration, or
physical, chemical, or infectious characteristics, may pose a substantial known or
potential hazard to human health or the environment when improperly treated,
disposed, or otherwise managed.
01067/0001/141784.9 7
1.2.42. Household Waste. "Household Waste" shall mean that waste
normally generated by a Single- Family Residential Unit or a Multi- Family Residential
Unit.
1.2.43. Infectious Waste. "Infectious Waste" means waste capable of
producing an infection or pertaining to or characterized by the presence of pathogens
including, but not limited to, certain wastes generated by medical practitioners,
hospitals, nursing homes, medical testing labs, mortuaries, taxidermists, veterinarians,
veterinary hospitals and medical testing labs.
1.2.44. Late Fee. "Late Fee" means amounts charged by Franchisee to
reimburse it for administrative costs arising from payment delinquency, including the
cost of notices and adjustments to its accounting records, and may include a fixed fee,
interest on past due amounts, or NSF fees.
1.2.45. Materials Recovery Facility. "Material Recovery Facility or
MRF" shall mean a facility designed to process and recover collected materials for
reuse, Recycling or other Diversion.
1.2.46. Maximum Rate Schedule. "Maximum Rate Schedule" means
that schedule of rates (attached hereto at Exhibits A -1 and A -2) to be charged to
Residential Units and Commercial /Industrial customers located in the City by
Franchisee for Franchisee's solid waste handling services, which Maximum Rates are
effective as of the Effective Date of this Agreement, upon completion of the hearing
and protest process to the extent required by Proposition 218 and in accordance with
Section 8.1.2.
1.2.47. Multi- Family Premises. "Multi - Family Premises" means a
development of two (2) or more Dwelling Units, including, but not limited to, a duplex,
triplex, condominium project, townhouse project, apartment house, or mobile home
park, irrespective of whether residence therein is transient, temporary or permanent,
such that all Dwelling Units dispose of Solid Waste and/or Recyclable Materials in a
communal Bin(s) at centralized locations.
1.2.48. Multi- Family Service. "Multi- Family Service" means Solid
Waste handling services provided to Multi - Family Premises, which may include both
Permanent and Temporary service.
1.2.49. Oil Waste. "Oil Waste" means used motor oil and used oil
filters.
1.2.50. Overage Fee. "Overage Fee" means a fee charged by
Franchisee to Commercial /Industrial Accounts to compensate it for its expenses in
documenting and cleaning up litter and debris arising from overfilling of Containers.
01067/0001/141784.9 8
1.2.51. Pennanent Service. "Permanent Service" means routine,
regularly - scheduled collection of Solid Waste, Recyclable Material or, Green Waste in
Carts, Bins or Roll -Off Boxes on a continuing basis.
1.2.52. Premises. "Premises" means any parcel of land, building(s) or
structure(s), or portion thereof, in the City where Solid Waste is produced, generated or
accumulated.
1.2.53. Proposition 218. "Proposition 218" means Articles XIIIC and
XIIID of the California Constitution and any implementing legislation promulgated
thereunder, as may be amended from time to time.
1.2.54. Rate Year. "Rate Year" means the July 1 — June 30 period
during the term.
1.2.55. Reasonable Business Efforts. "Reasonable Business Efforts"
means those efforts a reasonably prudent business person would expend under the same
or similar circumstances in the exercise of such Person's business judgment, intending
in good faith to take steps calculated to satisfy the obligation which such Person has
undertaken to satisfy.
1.2.56. Recyclable Materials or Recyclables. "Recyclable Materials" or
"Recyclables" interchangeably mean any product salvaged or collected for the purpose
of reuse, reprocessing or remanufacturing, consistent with the requirements of AB 939,
including, but not limited to, Electronic Waste, glass, newsprint, aluminum, cardboard,
paper, Green Waste, wood, plastics or metal. Recyclable Materials discarded by the
owner (including where the owner pays a fee or other consideration to have Recyclable
Materials collected by another parry) are Solid Waste.
1.2.57. Roll -Off Box. "Roll -Off Box" means an open -top metal
Container or closed compactor box with a capacity of 10 to 40 cubic yards that may be
provided by either the account or Franchisee, which is serviced by a Roll -Off truck.
1.2.58. Roll -Off Service. "Roll -Off Service" means collection,
transportation, recycling, processing and disposal services that are provided using a
Roll -Off Box. Roll -Off Service may be provided to Single - Family Premises and Multi -
Family Premises on a Temporary basis, or Commercial/Industrial Premises on a
Permanent or Temporary basis.
1.2.59. Single- Family Premises. "Single- Family Premises" means any
building or structure in which each of the Dwelling Units (including those at duplexes,
triplexes, apartment houses, condominiums, mixed condominiums and rental housing,
or a mobile home parks) receives Solid Waste collection service using Carts.
01067/0001/141784.4 9
1.2.64. Single - Family Service. "Single - Family Service" means Solid
Waste handling services provided to Single- Family Premises, which may include both
permanent and temporary service.
1.2.61. Solid Waste. "Solid Waste" is synonymous with "Refuse" and
means "solid waste," as defined in Public Resources Code Section 40191, which is
collected and transported under the authorization of the City or is self- hauled by
residents or contractors. Solid Waste does not include Hazardous Waste or any Solid
Waste which (i) is not permitted to be disposed of at a Class III landfill or (ii) does not
fall within the definition of "Nonhazardous Solid Waste" set forth in Title 27, Chapter
3, Section 20220f the California Code of Regulations as amended. For purposes of this
Agreement, "Solid Waste" includes Construction and Demolition Waste, Green Waste,
Food Waste, Wood Waste, and Recyclable Material.
1.2.62. Solid Waste Enterprise. "Solid Waste Enterprise" means "solid
waste enterprise" as defined in Public Resources Code Section 40193 (i.e., any
individual, partnerships, joint venture, unincorporated private organization, or private
corporation, which is regularly engaged in the business of providing Solid Waste
handling services).
1.2.63. Solid Waste Handling. "Solid Waste handling" or "handling"
(or other form thereof) means: "Solid Waste Handling" or "Handling" as defined in
Public Resources Code Section 40195 (i.e., the collection, transportation, storage,
transfer, or processing of solid wastes) and Solid Waste disposal by a Solid Waste
Enterprise defined in Section 40193 of the Public Resources Code, such as residential
or commercial refuse collection in packer -type vehicles by haulers whose core business
is refuse collection or the small -scale collection and disposal of residential or
commercial solid waste in any type of truck, trailer or vehicle.
1.2.64. Source Reduction. "Source Reduction" means the process of
reducing the amount of waste produced by the person or organization generating such
waste. Source Reduction occurs through the use of alternative goods and products
and/or the reuse of goods and products.
1.2.65. Source Separated. "Source Separated" describes the
segregation, by the generator, of materials designated for separate collection for some
form of materials recovery or special handling.
1.2.66. Special Fees. "Special Fees" means a charge imposed by
Franchisee in response to improper actions by Accounts, including fees for
Contamination, extra pickups, Overage Fees, Cart or Bin repair or replacement arising
from damage caused by the Account, late payment, or interest; or a charge for special
services where a rate is not provided in the Maximum. Rate Schedule.
01067/0001/141784.9 10
1.2.67. Special Waste. "Special Waste" means Solid Waste generated
by a Commercial /Industrial Premises that is a "designated waste" under applicable law
or regulations, is required to be accompanied by a written manifest or shipping
document describing the waste under applicable law, or which requires special handling
at any processing facility or disposal site.
1.2.68. Temporary Service. "'Temporary Service" means Bagster®
Service, Bin Service or Roll -Off Service provided to premises on a Temporary, as-
needed basis, such that no Container remains on the Premises or a service location on
Premises for more than thirty (30) calendar days at a time, or for more than sixty (60)
calendar days of any ninety (90) calendar day period.
1.2.69. Universal Waste. "Universal Waste" means all waste defined
by Title 22, Subsections 66273.1 through 66273.9 of the California Code of
Regulations, which typically include batteries, fluorescent tubes, compact fluorescent
bulbs and aerosol cans.
1.2.70. Wood Waste. "Wood Waste" means industrial dimension
lumber, pallets, shipping dunnage, and similar discarded processed wood materials.
1.3. Delegation of Authority. The administration of this Agreement by the City
shall be under the supervision and direction of the Chief Executive Officer and the actions
specified in this Agreement shall be taken by the Chief Executive Officer or as he otherwise
directs.
ARTICLE II
FRANCHISE DOCUMENTS
2.1 Documents. All of the provisions of the Franchise Documents are
incorporated and made a part of this Agreement as though set forth in full. Nothing shall
prevent the City from amending Chapter 50 of the Municipal Code or from adopting such
other and further legislation as the City deems necessary or appropriate; provided, however,
that the City shall give Franchisee thirty -days' (30- days') notice prior to considering any
amendment to Chapter 50, and if such amendment would affect costs or revenue under this
Agreement the parties shall meet and confer in good faith to determine whether the planned
amendment will materially change Franchisee's costs or revenues and whether a Proposition
218 hearing process is warranted for purposes of allowing Franchisee to adjust Service Rates
pursuant to Section 8.2.4, hereof. The City acknowledges and agrees (i) this Agreement is
the product of extensive review and negotiation and constitutes a valid and binding
agreement and (ii) any future amendment to Chapter 50 of the Municipal Code or other
further legislation adopted or enacted by City in the exercise of its police powers, if it
adversely affects the rights or financial position of Franchisee under this Agreement, shall
only be undertaken in good faith and to the extent necessary to protect the public health,
safety, morals, and general welfare of the community, and not for the purpose of
circumventing an obligation of City or depriving Franchisee of any right or benefit accruing
to Franchisee as a result of this Agreement.
01067/0001/141784.9 11
ARTICLE HI
GRANT OF FRANCHISE; SCOPE OF FRANCHISE; EXCLUSIONS
3.1 Grant of Franchise.
3.1.1 General Grant. The City grants to Franchisee and Franchisee shall
have during the Term of this Agreement, the exclusive franchise, right, license and privilege
(except as provided in Section 3.2 below) to engage in, the business of collecting,
transporting, recycling, and disposing of all Solid Waste generated at Single - Family
Premises, Multi- Family Premises, Commercial/Industrial Premises and government facilities
(to the extent permitted by law) within the City. It is expressly understood that the Solid
Waste management business is conducted by Franchisee and not City, and while City grants
the right to conduct the business within the terms of this Agreement, Franchisee must
detennine what personnel to employ, terms and conditions of employment, what equipment
to utilize and at what cost, rates and charges to establish for customers and all methods,
costs, obligations and mechanisms to undertake the terms of the franchise.
3.1.2 Duty. To the extent the franchise granted hereby is exclusive, it shall
be so only if Franchisee is and shall be at all times ready, willing and able to perform its
obligations under this Agreement, including but not limited to, collecting, transporting and
disposing of all Solid Waste generated within the City in accordance with the provisions of
this Agreement and all applicable law, rules and regulations.
3.1.3 Annexations. This Agreement shall extend to any territory annexed to
the City during the Term that is not covered by an existing Solid Waste permit, license,
agreement or franchise granted by another public entity, where collection by Franchisee
within that annexed territory would not violate the provisions of Public Resources Code
Section 49520. In such event, this Agreement shall become effective as to such area at the
earliest possible date permitted by law, and City agrees that it shall cooperate with
Franchisee to fulfill any requirement necessary for Franchisee to serve the annexed area
consistent with this Section 3.1.3.
3.2 Scope of Franchise; Mandatory Service And Exclusions. The franchise
granted to Franchisee shall be exclusive within City limits such that Franchisee shall be the
sole provider of general Solid Waste hauling services to City residents and businesses. The
hauling services franchise herein granted shall be subject to the following exclusions:
3.2.1 Reserved.
3.2.2 Self Hauling. Self- hauling by City residents, Owners, or occupants of
Premises. To qualify as a "self - hauler" for purposes of this exemption, an Owner or occupant
must remove and personally transport from his /her own Premises using his /her own
equipment for the purpose of lawfully delivering same to a Disposal Site or MRF /TS
authorized to receive and handle Solid Waste or Recyclables. The use of a subcontractor is
01067/0001/141784.9 12
not "self haul" within the meaning of this exception. Self - hauling of Solid Waste or
Recyclables does not exempt the property, owner from subscribing to franchise collection
service;
3.23 Gardner /Landscaper Green Waste. Green Waste and other
compostables removed from a Premises by an Owner or resident of Premises or by a
gardening, landscaping or tree trimming contractor as an incidental part of a total service
offered by that contractor rather than as a hauling service. To qualify for this exemption, a
gardener or landscaper must not be a hauling service or Solid Waste Enterprise, must not
separately or additionally charge for the incidental service of removing, transporting or
disposing (except for tipping fee) of the Green Waste, and must utilize olily his or her own
employees and equipment to collect, transport and dispose of said Green Waste;
3.2.4 C &D Material. The collection, transportation and disposal by a
construction contractor of C &D Material that is incidentally removed by a duly licensed
construction or demolition company, as part of a total service offered by such licensed
company, provided that the construction contractor is not a hauling service or Solid Waste
Enterprise, does not separately or additionally charge for the incidental service of removing,
transporting or disposing (except for tipping fee) of the C &D Material, and utilizes only
his /her own employees and equipment to collect, transport and dispose of the C &D Material;
3.2.5 Automotive Dismantling. The collection, transportation and disposal
of vehicles or machine parts and waste generated by an automotive /vehicle dismantler or
Owner of a vehicular salvage or disposal yard;
3.2.6 Animal Waste. Animal waste, including dead animals and the remains
from any slaughterhouse or butcher shop for use as tallow;
3.2.7 Agricultural Waste. Agricultural waste, such as manure or bedding
from poultry yards or stables;
3.2.8 Sewage Treatment Waste. By- products of sewage treatment, including
sludge, sludge ash, grit and screenings;
3.2.9 Grease Trap Waste. Grease generated from food service providers;
3.2.10 Hazardous Waste. Hazardous Waste, Biohazardous Waste, Infectious
Waste, Universal Waste, hazardous substances, or Special Waste, regardless of its source,
unless expressly provided for in this Agreement;
3.2.11 Recyclable Materials. Recyclable Materials not "discarded" (but rather
sold or donated) by an Owner of Premises which are disposed of at legally - mandated public
redemption centers that comply with all reporting and other requirements imposed by any
political entity having jurisdiction over those redemption centers, including but not limited to
Containers delivered for recycling under the California Beverage Container Recycling Litter
Reduction Act, Sections 14500, et seq., California Resources Code, and recyclable material
01067/0001/141784.9 13
donated to youth, civic or charitable organizations. A mere discount or reduction in price of
third -party charges for the handling of Recyclables is not a sale or donation within the
meaning of this Agreement and is thus precluded by Franchisee's exclusive franchise;
3.2.12 Legally- Required Exemptions. Other collection, removal or disposal
activities required to be exempt from mandatory franchise services pursuant to law, or
entities exempt from such franchise pursuant to State or Federal law, including but not
limited to, public universities, community college and school districts, other state agencies,
and any other governmental entity that is not subject to the City's police powers;
3.2.13 City Hauls. The casual or emergency collection, removal, disposal or
Diversion of Solid Waste or Recyclables by the City through City officers or employees in
the normal course of their employment; and
3.2.14 Tires. The City utilizes another contractor /provider for the collection,
transport and disposal of Waste tires.
3.3 Compensation To City for Grant of Franchise.
3.3.1 Franchise Fee. In consideration for the grant of the franchise provided
herein, Franchisee agrees to pay the City a franchise fee equaling fifteen percent (15 %) of
Gross Receipts for providing Single - Family Service or Multi- Family Service, and eighteen
percent (18 %) of Gross Receipts for providing Commercial /Industrial Service (the
"Franchise Fee "). Concurrent with each Franchise Fee payment, Franchisee shall provide an
accounting worksheet showing the discrepancy, if any, between Gross Revenues as
calculated for purposes of the Franchise Fee versus Franchisee's gross receipts actually
collected.
3.3.2 Contract Modification Fee. Franchisee will pay a contract modification
fee of One Million Dollars ($1,000,000.00), within thirty (30) business days after the
Effective Date.
3.3.3 AB 939 Fee. Franchisee shall charge a monthly fee of $1.29 per solid
waste Cart ($0.46 per Solid Waste Cart for Accounts receiving the senior discount) to
Accounts for Single- Family Service for implementation of the Solid Waste Diversion
programs required by AB 939. Such monthly surcharge shall be charged and collected by
Franchisee over and above the rates provided for in the Maximum Rate Schedule, as
amended. Franchisee shall pay all AB939 fees collected to City quarterly within thirty (30)
days of the end of each calendar quarter.
3.3.4 Integrated Waste Management Fund. Franchisee shall pay City's
Integrated Waste Management Fund the amount of Fifteen Thousand Dollars ($1.5,000.00)
each July I and January 1 during the Term of this Agreement, commencing on the Effective
Date, for administration of this Agreement, implementation of diversion programs or public
education. Late payments will be subject to an interest charge or one and one -half percent
(1 /z %) per month, or the highest rate allowable under applicable law, whichever is less.
01067/0001/141784.9 14
3.3.5 New or Increased Fees. The City has the right to impose new fees on
the provision of Solid Waste Handling Services, and to increase the amount or percentage of
the Franchise Fee, or other fees as described above, from that set forth above. In such event,
as allowed under Section 8.2.4, Franchisee shall receive an adjustment to the rates to fully
compensate its increased costs, including, if applicable, a one -time rate adjustment to the
rates to fully compensate it where there is any delay between the effective date of the new or
increased fee and the date on which it begins to receive increased compensation from billings
related to the new or increased fee.
3.3.6 Payment Protocol. Unless otherwise provided in this Section 3.3, all
such payments to the City required pursuant to this Section 3.3 shall be made to City within
thirty (30) days after the close of each Rate Year following the Effective Date during the
Term of this Agreement. Late payments will be subject to an interest charge of one and a
half percent (1' /z %) per month, or the highest applicable rate allowable under law, whichever
is less. All remittances by Franchisee shall be accompanied by a report setting forth the basis
and calculations used for computing the amount due. Each payment of Franchisee Fee shall
be accompanied by a statement separately setting forth the Gross Receipts collected by
Franchisee and the computation of the total fee due. Each statement shall include the
following certification executed by an officer of Franchisee: "I hereby certify that the
foregoing statement of Franchise Fee payment is made by me, that I am authorized to make
such statement, and that, to the best of my knowledge and belief, it is true, correct and
complete."
3.4 Ownership of Solid Waste and Recyclable Materials. Ownership of all
Solid Waste collected, except for Recyclable Material, shall transfer to the Franchisee as of
the time the same is received by it. Ownership of .Recyclable Material shall transfer to the
Franchisee when the Account generating such Recyclable Material places it for collection by
the Franchisee. Franchisee is thereby granted the right to retain, recycle, compost, dispose of
and otherwise use such waste, or any part thereof, in any lawful fashion or for any lawful
purpose desired by Franchisee. Subject to the provisions of this Agreement, and excepting
any material which is not a Solid Waste and which was inadvertently or improperly
discarded, Franchisee shall have the right to retain any benefit or profit resulting from its
right to retain, recycle, compost, convert, dispose of or use the Solid Waste which it collects,
including, without limitation, CalRecycle container recycling payments, proceeds from the
sale of Recyclable Material, and the market value of all greenhouse gas (GHG) emissions,
reduction, carbon, or renewable energy credits, offsets or similar benefits arising from the
Solid Waste Handling activities undertaken by Franchisee pursuant to this Agreement. City
shall have the right to report any such benefits as part of City's Climate Action Plan or
similar plan, and Franchisee shall provide information requested by City for such reporting.
Solid Waste and any other material which is disposed of at a Disposal Site or sites (whether
landfill, transformation facility, transfer station or material recovery facility) shall, as
between the City and Franchisee, remain the responsibility of Franchisee, and Franchisee
shall retain ownership of the same.
01067/0001/141784.9 15
ARTICLE IV
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4.1 Term And Franchise Term. .
The Term of this Agreement shall be for a period commencing on the Effective Date and
ending on June 30, 2023 ( "the Term "). Thereafter, the Term may be extended by mutual
agreement of the parties as set forth in writing.
4.2 Representations and Warranties of Franchisee.
4.2.1 Corporate Status. Franchisee is doing business as Waste Management
of San Gabriel/Pomona Valley, and is a company duly organized, validly existing and in
good standing under the laws of the State of California. Franchisee is qualified to transact
business in the State of California and has the corporate power to own its properties and to
carry on its business as now owned and operated and as required by this Agreement.
4.2.2 Corporate Authorization. Franchisee has the authority to enter into and
perform its obligations under this Agreement. The Board of Directors of Franchisee (or the
shareholders, if necessary) have taken all actions required by law, its articles of
incorporation, its bylaws or otherwise, to authorize the execution of this Agreement. The
persons signing this Agreement on behalf of Franchisee have authority to do so. Entering
into this Agreement does not violate any provision of any other Agreement to which
Franchisee is bound.
4.2.3 Accuracy of Representations. The representations and warranties made
by Franchisee in this Section 4.2 are true and correct on and as of the Effective Date of this
Agreement.
ARTICLE V
SERVICES OF FRANCHISEE
5.1 General Standards.
5.1.1 Furnishing of Services. The work to be performed pursuant to this
Agreement shall include the furnishing of all labor, materials and equipment necessary for,
and the collection of all Solid Waste and Recyclables from, Residential Premises,
Commercial /Industrial Premises within the City according to the terms of this Agreement,
and the disposal, recycling and/or Diversion of such materials. Franchisee shall own or lease
and maintain at its expense all equipment necessary to perform its duties as provided for
under the Agreement, including sufficient radio equipment for office to field communication.
All work shall be accomplished in a courteous, thorough and workmanlike manner and
adhere to the highest standards consistent with the best practice in the industry.
01067/0001/141784.9 16
5.1.2 Oversight by Chief Executive Officer.
(a) Performance of each of the provisions of the Agreement shall be
under the direction of the Chief Executive Officer and the work hereunder shall be done in a
thorough and workmanlike manner under the direction, and to the satisfaction of the Chief
Executive Officer. To this end, the Chief Executive Officer shall have the power to establish
rules and regulations relating to the accumulation, collection, Recycling, disposal, and
management of Solid Waste not inconsistent herewith and/or as necessary to ensure
compliance with laws, ordinances and regulations, and which the Chief Executive Officer
finds are reasonably necessary for enforcement hereof or of applicable laws, ordinances and
regulations, or for preservation of the public peace, health, and safety. Franchisee shall be
given thirty (30) days prior written notice of any such changes in rules or regulations
excepting in those circumstances where the changes are necessitated by an immediate threat
to the public health, safety and /or welfare.
(b) Changes in Service. The Chief Executive Officer may direct
Franchisee to modify the manner in which it performs existing services or bills for services.
Pilot programs and innovative services that may entail new collection methods, different
kinds of services or new requirements for customers, and alternative rate structures are
included among the kinds of changes that the Chief Executive Officer may direct.
(c) Emerging Technologies. The parties understand Solid Waste
handling is a dynamic and evolving industry. Franchisee, upon request from the Chief
Executive Officer or designee, agrees to meet and confer with the City to review and discuss
commercially reasonable technological advances for post - collection processing, handling,
diversion or resource recovery, and their potential application in the City. Based upon those
consultations, City or Franchisee may desire to implement new methods of processing,
handling diversion or resource recovery. In such event, the City agrees to provide Franchisee
the exclusive opportunity to present a proposal to perform such new or additional services,
programs or methods, and thereafter the parties agree to negotiate exclusively with each
other and in good faith for a period of not less than three months regarding mutually
agreeable terms and conditions for Franchisee to provide the new or additional services,
programs or methods.
(d) The Parties may negotiate a means of recompensing Franchisee
for material increases in Franchisee's costs as a result of either (i) new or changed rules and
regulations by the Chief Executive Officer, or (ii) other changes in services required by the
Chief Executive Officer that are in excess of those contemplated by this Agreement. If any
such. changes cause a change in Franchisee's costs or revenues or the time required for
performance of the Agreement, an equitable adjustment shall be made in the Agreement
price or schedule, or both, subject to the requirements of Section 8.2 for rate adjustments.
01067/00011141784.9 17
5.1.3 Hazardous Materials.
(a) The scope of this Agreement and franchise excludes the
handling of Hazardous Materials, and no right to provide Hazardous Materials handling
services is conferred on Franchisee as a result of this Agreement. Franchisee shall ensure
only persons duly- licensed to handle Hazardous Materials shall be engaged when such
services become necessary.
(b) Franchisee shall implement a system of Hazardous Waste and
Prohibited Material (as defined by CCii Title 22, Chapter 11, Sections 66261.1 through
66261.126) screening, identification, and prevention protocol reasonably designed to screen -
out Hazardous Waste and Prohibited Materials that Franchisee is not permitted to handle
pursuant to applicable law prior to Franchisee accepting such materials. If Franchisee
inadvertently collects Hazardous Waste that Franchisee is not qualified or permitted to
handle (under any applicable permit conditions or Applicable Laws), Franchisee shall
arrange, at no cost and without liability to City, for the proper disposal of the Hazardous
Waste in accordance with applicable laws and regulations; provided however, that
Franchisee shall be entitled to return any such Hazardous Waste, if the customer can be
identified, or at its own expense pursue all legal rights and remedies it may have against the
customer(s) who generated such Hazardous Waste. The City shall be indemnified by
Franchisee from liability for any disposal of Hazardous Waste pursuant to Section 12.2
hereof.
5.2 Standards of Performance.
5.2.1 Availability of Franchisee. Franchisee shall maintain a customer
service office with assigned personnel accessible by a local phone number or a toll -free
number to receive customer requests directed to City. Franchisee's office hours shall be from
8:00 a.m. to 5:00 p.m. on Monday- Friday, and 8:00 a.m. to 12:00 p.m. on Saturdays.
5.2.2 Franchisee Liaison to City. Franchisee shall be reasonably available to
the City. Franchisee shall provide the Chief Executive Officer and the Police and Fire
Departments with an emergency telephone number for effectively reaching Franchisee in the
case of off -hour emergencies. Franchisee shall also provide the Chief Executive Officer with
the mobile phone number of a Franchisee representative(s) with day -to -day managerial
responsibility over the services provided within the City. One or more of Franchisee's
representatives described in this Section shall visit City offices at such reasonable times as
the Chief Executive Officer shall designate for the purpose of discussing any matters relating
to this Agreement or Franchisee's performance thereof. Any representative appointed by
Franchisee shall occupy a position of sufficient managerial authority and knowledge of day -
to -day Franchisee operations as to be able to meaningfully discuss performance issues with
the Chief Executive Officer.
01067/0001/141784.9 18
5.2.3 Service Complaints.
(a) Complaints. All customer complaints shall be directed or
referred to Franchisee. During office hours, Franchisee shall maintain a complaint service
and a telephone answering system.
(b) Record of Complaints. Franchisee shall record all complaints,
including date, time, complainant's name and address if the complainant is willing to give
this information, and date and manner of resolution of complaint. Franchisee shall maintain
this information in a computerized daily service complaint log for a period of three (3) years.
Any such calls received via Franchisee's answering service shall be recorded in the service
complaint log the following working day. A copy of the service complaint log for each
calendar quarter shall be submitted to the City, within thirty (30) calendar days after the end
of the calendar quarter.
5.2.4 Resolution of Disputes. Franchisee shall notify customers of the
following complaint resolution procedure in the first set of public education materials
produced after the Effective Date, and at the time new customers apply for or are provided
service. Procedures for resolution of disputed claims shall be as follows:
(a) A customer dissatisfied with Franchisee's decision regarding a
complaint may ask the City to review the complaint. To obtain this review, the customer may
request City review within thirty (30) days after receipt of Franchisee's response to the
complaint, or within forty -five (45) days after submitting the complaint to Franchisee, if
Franchisee has failed to respond to the complaint. The City may extend the time to request its
review for good cause.
(b) Before reviewing the complaint, the Chief Executive Officer
shall refer it to Franchisee. If Franchisee fails to cure the complaint within ten (10) days, then
the Chief Executive Officer shall review the customer's complaint and determine if further
action is warranted. The Chief Executive Officer may request written statements from
Franchisee and customer, and /or oral presentations.
(c) The Chief Executive Officer shall determine if the customer's
complaint is justified, and if so, what remedy, if any, shall be imposed. The remedy under
this Section shall be limited to a rebate of customer charges related to the period of breach of
any of the terms of this Agreement or a penalty of up to One Hundred Dollars ($100.00) for
any single event in addition to any actual damages.
(d) The Chief Executive Officer may delegate these duties to a
designee.
5.2.5 Property Damage Caused by Franchisee. Franchisee shall be
responsible for the cost of repairing any property damaged by the negligent or intentional
conduct of its employees or agents.
01067/0001/141784.9 19
5.2.6 Quality of Service Surveys. The City may, at its own expense, conduct
periodic quality of service surveys of Franchisee's customers. Prior to finalizing the survey
form, the City shall review the survey with Franchisee. Results of the quality of service
survey shall be reviewed with Franchisee and used to discuss improvements in service
delivery.
5.2.7 Route Audits by In order to verify reports of the amounts of Solid
Waste, Recyclable Material or Green Waste collected by Franchisee from each designated
route, the City shall be entitled to conduct an audit of any designated route upon request, up
to three (3) routes each Rate Year. The City will make the audit request by telephone two
(2) business days prior to the regularly scheduled collection day of the designated route.
Telephone notice shall be followed by written notice to Franchisee. The audit request
entitles the City to conduct a physical route audit of the designated route(s) for the purposes
of verifying customers served, amounts collected by material type, and any other
information as may deemed necessary and beneficial to the City so long as the audit activity
does not interfere with Franchisee's personnel who are servicing the route being audited.
The standard route audit will include but is not limited to: (i) verification that the collection
vehicle is empty when beginning the route; (ii) verification of the addresses which are
served by the designated collection vehicle; (iii) verification of the landfill or other facility
to which the Solid Waste or Recyclables are taken; and (iv) the quantity of Solid Waste,
Green Waste or Recyclables in tons collected from the designated route.
5.2.8 After Hours Equipment and Personnel; Auxiliary Vehicle. After normal
business hours, Franchisee shall make commercially reasonable efforts to have sufficient
manpower and equipment available to respond to customer emergencies that are an
immediate threat to life or property. Franchisee shall also be available to assist the City with
debris collection and removal within a reasonable time resulting from emergencies and
natural disasters, excepting that nothing in this Section shall require Franchisee to collect,
haul or dispose of waste that Franchisee is not permitted to handle.
5.2.9 Transportation of Solid Waste. Franchisee must transport all Solid
Waste collected to a permitted transfer station, Materials Recovery Facility or Disposal Site.
Franchisee shall be responsible for payment of all disposal and processing fees or charges.
Franchisee will use reasonable efforts to divert recyclable material from landfill disposal
consistent with the Diversion Program, developed under Section 6.2.
5.2.10 Revised Routing Plan. Franchisee may submit a revised routing plan,
and may implement the revised routing plan upon approval by the Chief Executive Officer.
Following approval of the revised routing plan but prior to implementation, Franchisee shall
provide notification to all affected accounts, through written notices, electronic notices,
telephone messages or otherwise. In addition, for the first two (2) weeks following
implementation of a revised routing plan, Franchisee shall provide for special collection at all
accounts setting out Containers in accordance with the prior collection schedule, at no
additional cost.
01067/0001/141784.4 20
5.2.11 Right of Entry. Franchisee shall have the right, until receipt of written
notice revoking permission to pass is delivered to Franchisee, to enter or drive on any private
street, court, place, easement, alleyway, or other private property for the purpose of
providing Solid Waste Handling services in accordance with this Agreement.
5.3 Hours & Dates of Collection. Franchisee shall conduct its operations so as to
offer the Least possible obstruction and inconvenience to public traffic or disruption to the
peace or quiet of the area within which collections are effected. Collection of Solid Waste,
Green Waste and Recyclable Material from Single- Family Premises using Cart Service will
occur on Friday. Collection of Multi - Family Premises and Commercial/Industrial Premises
may occur on Monday through Saturday between 6:00 a.m. and 7:00 p.m. All Carts used for
Single - Family Service shall be collected on the same collection service day. Further,
Franchisee shall observe the following holidays annually (whereby there will be no
collection services and collection shall occur one business day late following the holiday):
• January 1 - New Year's Day
• July 4 - Independence Day
• Labor Day
• Memorial Day
• November - Thanksgiving Day
• December 25 - Christmas Day
5.4 Commercial/Industrial Service Collections.
5.4.1 Solid Waste Bin Service.
(a) Franchisee shall provide Permanent and Temporary Bin Service
to Commercial /Industrial Accounts. Franchisee shall collect and remove all Solid Waste that
is placed in Bins from every Commercial/Industrial Premises receiving Bin Service.
Franchisee shall collect and remove all Solid Waste that is placed in Bins from every
Commercial /Industrial Premises receiving Bin Service, at least once every week or more
frequently if required to handle the waste stream of the Commercial /Industrial Premises. The
service frequency and volume shall be subject to negotiation and agreement between
Franchisee and the Account. Bins provided by Franchisee shall have a volume of not less
than one and one -half (1 %) cubic yards. In the event the parties are unable to agree on
volume, service frequency or Container location, then the question or questions in dispute
shall be submitted to the Chief Executive Officer, who shall arbitrate the dispute and render a
decision. Franchisee shall deliver and collect Temporary Bins at the direction of the
Account.
(b) Franchisee shall provide other services desired by
Commercial/Industrial Accounts receiving Bin Service, including walk- in/push -out service
where the Container must be moved manually to the collection point, scout service, or use of
Containers with castors, hasps or locks, at the rates set forth in the Maximum Rate Schedule.
01067/000111417849 21
5.4.2 Solid Waste Roll -Off Service.
(a) Franchisee shall provide Permanent and Temporary Roll -Off
Service to Commercial /Industrial Accounts. Franchisee shall collect and remove all Solid
Waste that is placed in Roll -Off Boxes from every Commercial /Industrial Premises
receiving Roll -Off Service, at least once every week or more frequently if required to handle
the waste stream of the CommercialIndustrial Premises. The service frequency and volume
shall be subject to negotiation and agreement between Franchisee and the Account. In the
event the parties are unable to agree on volume, service frequency or Container location,
then the question or questions in dispute shall be submitted to the Chief Executive Officer,
who shall arbitrate the dispute and render a decision. Franchisee shall deliver and collect
Temporary Roll -Off Boxes at the direction of the Account, and shall notify the City prior to
delivering Temporary Roll-Off Boxes placed within the public right -of -way.
(b) Franchisee shall provide extra services desired by
Commercial/Industrial Accounts receiving Roll -Off Service, including container weight
above five (5) tons (at actual per ton transfer /processing /disposal rate paid by Franchisee),
extra pickups, relocation of Containers, trip charges where the Account refuses service,
Account -owned Roll -Off Box hauling and disposal services, and use of compactors and
vertical compactors, at the rates set forth in the Maximum Rate Schedule.
(c) Roll -Off loads consisting of Construction and Demolition Waste
will be transported to a Materials Recovery Facility for processing.
5.4.3 Bagster® Service. Franchisee will, where commercially reasonable,
make Bagster® Service, consisting of collection of the Bagster® Bag and
processing /disposal, available to all CommerciaUIndustrial Accounts purchasing a
Bagster® Bag and requesting collection. Bagster® Service is intended as a service
additional to, and not as a substitution for, Temporary Bin or Roll -Off Service provided in
accordance with Sections 5.4.2.
5.4.4 Recyclable Material.
(a) Franchisee shall provide for collection of Recyclable Material
from Commercial /Industrial Accounts, using Bins, Roll -Off Boxes or Carts, depending upon
the Account's space limitations and volume of Recyclable Material generated.
(b) Franchisee shall collect and remove all Recyclable Material
placed in Containers from every Commercial/Industrial Premises receiving Recyclable
Material collection service, at a frequency of not less than once each week, or more
frequently if required to handle the Recyclable Material generated.
(c) In addition to the requirements set forth in Sections 5.4.4 (a) and
(b), all commercial/industrial accounts receiving solid waste collection permanent Bin
Service will receive recyclable material collection at a frequency of up to two (2) tunes per
week at no additional charge. Additional recyclable material collections beyond two (2) per
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week will be provided, where required to meet the needs of the account, at the rates set forth
in Exhibit A -2. Implementation of this program will be reflected in the rates for services set
forth in Exhibit A -2, beginning with the date the rates set forth in Exhibit A -2 become
effective, in accordance with Section 8.1.2.
5.4.5 CommerciaUIndustrial Service Requirements.
(a) Access to Containers. Franchisee shall undertake all reasonable
efforts to complete collection service at each Commercial /Industrial Account in accordance
with scheduled routing. If, at the time of collection at a commercial /industrial account, the
Container is not accessible to the collection vehicle, then Franchisee shall notify the
Account by telephone of the situation and request that access be provided. If the Account is
unavailable or unable to provide prompt access to the Container, then Franchisee shall
provide pickup a later time, but may charge an extra pickup fee, which will be charged as a
special fee.
(b) Missed Pickups. In the event that Franchisee fails to provide
collection service to a Commercial /Industrial Account, where the Container(s) had been
timely and properly set out for collection, Franchisee shall complete the collection from the
CommerciaUIndustrial Account no later than the next business day following notification of
the missed pickup.
(c) CLEAN — Click Load Educate and Notice. Where Franchisee
identifies instances of overfilling of Containers, it will document the overfilling through the
use of film or digital photography. Franchisee will place overfilled material into the
collection vehicle, and will present evidence of the overfilling to both the City and the
Commercial /Industrial Account. Where such evidence was presented to the
Commercial /Industrial Account, and Franchisee documents another instance of overfilling
within one (1) year of such presentation, Franchisee is authorized to charge an Overage Fee,
deliver the next larger -sized Container to the Commercial /Industrial Premises, and adjust the
service rate to the rate then in effect for the next larger -sized Container. Franchisee will
maintain a log listing all Commercial/Industrial Premises where overfilled material was
observed, and actions taken in response by Franchisee, which shall be maintained for
inspection by the Chief Executive Officer upon request. In addition, Franchisee will provide
the Chief Executive Officer or his /her designee with verbal notification prior to delivering
the next larger -sized Container and adjusting the service rate at a Commercial /Industrial
Account.
(d) Record of Non - Collection. When Solid Waste is not collected
by Franchisee, a tag shall be fastened to the Container indicating the reason for non -
collection and stating Franchisee's telephone number. Reasons for non - collection may
include the presence of Hazardous Waste, Biohazardous Waste, Infectious Waste, Special
Waste (unless arrangements for the collection of this waste have been made with the
customer), Universal Waste, or hazardous substances in the Container, materials placed in
plastic bags or otherwise not in the required Containers, the commingling of Recyclable
01067/0001/1417 84.9 23
Material or Green Waste with Solid Waste, or overfilling of a Roll -Off Box such that it
would cause a violation of applicable weight restrictions. Franchisee shall promptly provide
the Chief Executive Officer with verbal notification when Contamination is observed. In
addition, Franchisee shall maintain a log containing the name and address of each
Commercial /Industrial Account where Solid Waste is tagged and the date of such tagging,
which shall be maintained for inspection by the Chief Executive Officer upon request.
Where there have been three (3) or more instances of non - collection at a
Commercial/Industrial Account in any twelve (12) month period, Franchisee may charge the
Commercial/Industrial Account a Contamination fee. Franchisee shall provide the Chief
Executive Officer with verbal notification prior to charging the Contamination fee.
5.5 Single- Family Service Collections.
5.5.1 Solid Waste Cart Service.
(a) Franchisee shall collect Solid Waste delivered for collection at
the curbside at each Single - Family Account not less than once each calendar week, at the
rates set forth in the Maximum Rate Schedule. Franchisee shall supply each Single - Family
Account with one (1) approximately 64- gallon Solid Waste Cart. Accounts may also
substitute an approximately 95- gallon Cart for an additional charge, or a 35- gallon Cart for a
reduced charge, as set forth in the Maximum Rate Schedule. This Agreement does not allow
Customers from different Dwelling Units at apartment houses, condominiums, mixed
condominiums, rental housing or mobile home parks to share Solid Waste Cart Service.
(b) Accounts may obtain additional Solid Waste Carts from
Franchisee, at the rate set forth in the Maximum Rate Schedule.
5.5.2 Temporary Bin and Roll -Off Service.
(a) Franchisee shall provide temporary Bin Service and Roll -Off
Service to Single - Family Accounts that request these services. Franchisee shall deliver and
collect temporary Bins at the direction of the Account, and shall notify the City prior to
delivering Temporary Roll -Off Boxes placed within the public right -of -way.
(b) Franchisee shall provide extra services desired by Single - Family
Accounts receiving Temporary Roll -Off Service, including Container weight above five (5)
tons (at actual per ton transfer /processing /disposal rate paid by Franchisee), extra pickups,
relocation of Containers, or trip charges where the account refuses service.
(c) Roll -Off loads consisting of Construction and Demolition Waste
will be transported to a Materials Recovery Facility for processing.
5.5.3 Bagster® Service. Franchisee will, where commercially reasonable,
make Bagster® Service, consisting of collection of the Bagster® Bag and
processing/disposal, available to all Single- Family Accounts purchasing a Bagster® Bag
01067/0001/141784.9 24
and requesting collection. Bagster® Service is intended as a service additional to, and not as
a substitution for, Temporary Bin or Roll -Off Service provided in accordance with Section
5.5.2(a).
5.5.4 Green Waste Cart Service.
(a) Franchisee shall provide weekly Cart Service for collection of
Green Waste at each Single - Family Account, on the same day as Solid Waste collection.
Franchisee will supply each Single- Family Premises with one (1) approximately 64- gallon
Green Waste Cart. Accounts may request a 35- gallon Green Waste Cart where space
constraints or physical limitations make use of the 64- gallon cart impracticable. This
Agreement does not allow Customers from different Dwelling Units at apartment houses,
condominiums, mixed condominiums, rental housing or mobile home parks to share Solid
Green Waste Cart Service.
(b) Accounts may obtain upon request one (1) additional Green
Waste Cart at no additional charge. Additional Green Waste Carts beyond one (1) can be
obtained upon request at the rate set forth in the Maximum Rate Schedule.
5.5.5 Recyclable Material Cart Service.
(a) Franchisee shall provide weekly Cart Service for collection of
Recyclable Material at each Single - Family Account, on the same day as Solid Waste
collection. Franchisee will supply each Single- Family Premises with one (1) approximately
64- gallon Recyclable Material Cart. Accounts may request a 35- gallon Recyclable Material
Cart where space constraints or physical limitations make use of the 64- gallon Cart
impracticable. This Agreement does not allow Customers from different Dwelling Units at
duplexes, triplexes, apartment houses, condominiums, mixed condominiums, rental housing
or mobile home parks to share Recyclable Material Cart Service.
(b) Accounts may obtain upon request one (1) additional
Recyclable Material Cart at no additional charge. Additional recyclable material Carts
beyond one (1) can be obtained upon request at the rate set forth in the Maximum Rate
Schedule.
5.5.5 Single- Family Service Requirements.
(a) Collection Location. All Carts will be serviced at curbside
along a public street or an alleyway. Accounts will be responsible for placing the Carts at the
proper location for collection, except for Single- Family Premises receiving backyard service.
(b) Record of Non - Collection. When Solid Waste is not collected
by Franchisee a tag shall be fastened to the Container indicating the reason for non - collection
and Franchisee's telephone number. Reasons for non - collection may include the presence of
Hazardous Waste, Biohazardous Waste, Infectious Waste, Special Waste, Universal Waste or
01067/0001/141784.9 25
hazardous substances in the Container, materials placed in plastic bags or otherwise not in
the required Containers, placement of yucca, palm fronds or large tree trunks or limbs into
the Green Waste Cart, overweight Green Waste Carts, the commingling of Recyclable
Material or Green Waste with Solid Waste, or the compacting of materials in such a manner
that the contents of a Container will not of their own weight fall out of the Container when it
is turned upside down. Franchisee shall maintain a log containing the name and address of
each Account where Solid Waste is tagged and the date of such tagging. The log shall be
maintained for inspection by representatives of the City upon request.
(c) Missed Pickups. In the event that Franchisee fails to provide
collection service to a Single - Family Account, where the Containers had been timely and
properly set out for collection, Franchisee will complete the collection from the Single -
Family account no later than the next business day following notification of the missed
pickup.
5.6 Multi - Family Service Collections.
5.6.1 Solid Waste Bin Service.
(a) Franchisee shall provide permanent Bin Service to Multi- Family
Accounts. Franchisee shall collect and remove all Solid Waste that is placed in bins from
every Multi- Family Account. Franchisee shall collect and remove all Solid Waste that is
placed in Bins from every Multi - Family Premises at least once every week or more
frequently if required to handle the waste stream of the Multi- Family Premises. The service
frequency and volume shall be subject to negotiation and agreement between Franchisee and
the Account. Bins provided by Franchisee shall have a volume of not less than one and one -
half (1 1/2) cubic yards. In the event the parties are unable to agree on volume, service
frequency or Container location, then the question or questions in dispute shall be submitted
to the Chief Executive Officer, who shall arbitrate the dispute and render a decision.
(b) Franchisee shall provide other services desired by Multi- Family
Accounts receiving Bin Service, including walk- in/push -out service where the Container
must be moved manually to the collection point, scout service, or use of Containers with
castors, hasps or locks, at the rates set forth in the Maximum Rate Schedule.
5.6.2 Temporary Bin and Roll -Off Service.
(a) Franchisee shall provide Temporary Bin Service and Roll -Off
Service to Multi - Family Accounts that request these services. Franchisee shall deliver and
collect Temporary Bins at the direction of the Account, and shall notify the City prior to
delivering Temporary Roll -Off Boxes placed within the public right -of -way.
(b) Franchisee shall provide extra services desired by Multi- Family
Accounts receiving Temporary Roll -Off Service, including Container weight above five (5)
tons (at actual per ton transfer /processing /disposal rate paid by Franchisee), extra pickups,
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relocation of Containers, or trip charges where the Account refuses service.
(c) Roll -Off loads consisting of Construction and Demolition Waste
will be transported to a Materials Recovery Facility for processing.
5.6.3 Bagster® Service. Franchisee will, where commercially reasonable,
make Bagster® Service, consisting of collection of the Bagster® Bag and
processing /disposal, available to all Multi- Family Accounts purchasing a Bagster® Bag and
requesting collection. Bagster® Service is intended as a service additional to, and not as a
substitution for, Temporary Bin or Roll -Off Service provided in accordance with Section
5.6.2(a).
5.6.4 Recyclable Material.
(a) Franchisee shall provide for collection of Recyclable Material
from Multi- Family Accounts, using Bins, Roll -Off Boxes or Carts, depending upon the
Account's space limitations and volume of recyclable material generated.
(b) Franchisee shall collect and remove all Recyclable Material
placed in Containers from every Multi- Family Premises receiving Recyclable Material
collection service, at a frequency of not less than once each week, or more frequently if
required to handle the Recyclable Material generated.
(c) In addition to the requirements set forth in Sections 5.6.4(a) and
(b), all Multi- Family Accounts receiving permanent Bin Service will receive Recyclable
Material collection at a frequency of up to two (2) times per week at no additional charge.
Additional Recyclable Material collections beyond two (2) per week will be provided, where
required to meet the needs of the Account, at the rates set forth in Exhibit A -2.
Implementation of this program will be reflected in the rates for services set forth in Exhibit
A -2, beginning with the date the rates set forth in Exhibit A -2 become effective, in
accordance with Section 8.1.2.
5.6.5 Multi- Family Service Requirements.
(a) Access to Containers. Franchisee shall undertake all reasonable
efforts to complete collection service at each Multi - Family Account in accordance with
scheduled routing. If, at the time of collection at a Multi- Family Account, the Container is
not accessible to the collection vehicle, Franchisee shall notify the Account by telephone of
the situation and request that access be provided. If the Account is unavailable or unable to
provide prompt access to the Container, Franchisee shall provide pickup at a later time, but
may charge an extra pickup fee, which will be charged as a special fee.
(b) Missed Pickups. In the event that Franchisee fails to provide
collection service to a Multi - Family Account, where the container(s) had been timely and
properly set out for collection, Franchisee shall complete the collection from the Multi-
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Family Account no later than the next business day following notification of the missed
pickup.
(e) Record of Non - Collection. When solid waste is not collected by
Franchisee, a tag shall be fastened to the Container indicating the reason for non - collection
and Franchisee's telephone number. Reasons for non - collection may include the presence of
Hazardous Waste, Biohazardous Waste, Infectious Waste, Special Waste, Universal Waste or
hazardous substances in the Bin, materials placed in plastic bags or otherwise not in the
required. Containers or, the commingling of Recyclable Material or Green Waste with Solid
Waste. Franchisee shall promptly provide the Chief Executive Officer or his /her designee
with verbal notification when Contamination is observed. In addition, Franchisee shall
maintain a log containing the name and address of each Commercial /Industrial Account
where Solid Waste is tagged and the date of such tagging, which shall be maintained for
inspection by the Chief Executive Officer upon request. Where there have been three (3) or
more instances of non - collection at a Commercial/Industrial Account in any twelve -month
(12- month) period, Franchisee may charge the Multi- Family Account a Contamination fee.
Franchisee shall provide the Chief Executive Officer with verbal notification prior to
charging the Contamination fee.
5.7 Additional Services to Sinjzle- Family and Multi - Family Premises.
5.7.1 Holiday Tree Collection Program. Franchisee will collect, transport and
recycle as alternate daily cover, or other reuse programs may be mutually agreed upon
between the City and Franchisee, holiday trees which are placed at the curbside at all Single -
Family Premises, and near the Bin storage area at all Multi- Family Premises, on the two
regularly- scheduled collection days following Christmas Day. Franchisee is not required to
collect or accept artificial holiday trees, or trees containing decorations, ornaments, tinsel,
debris, support stands or other foreign matter as part of this diversion program.
5.7.2 Bulky Items. Franchisee will provide curbside Bulky Items pickup
service to Single - Family Premises and Multi- Family Premises each Friday. Accounts will
provide Franchisee with one (1) business -day advance notice and the Bulky Items will be
collected on the next Friday collection day.
5.7.3 Backyard Service. Upon authorization from the Chief Executive
Officer, Franchisee shall provide backyard service, at no additional cost, for disabled or
physically challenged Single- Family Accounts who provide a doctor's statement certifying
their disabled status and expected duration, along with a signed affidavit in a form provided
by Franchisee stating that no able - bodied person is available at the Single - Family Premises
to bring Carts to the collection location. Other Single- Family Accounts may receive
backyard service at the additional charge set forth in the Maximum Rate Schedule.
5.7.4 Shams Collection. Franchisee will provide for the collection and safe
processing of sharps generated at Single - Family Premises and Multi - Family Premises,
through a mail -based program. Residents requesting sharps services may apply to
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Franchisee to receive this service, and sharps Containers will be delivered directly to the
Single- Family Premises or Multi- Family Premises at no cost to the account.
5.8 CITY FACILITIES AND SERVICES.
5.8.1 City Facilities. Franchisee will provide Solid Waste, Green Waste, and
Recyclable Material collection services at designated facilities located within the City at no
charge to the City. Locations and required services are described in Exhibit B. In addition,
Franchisee will perform a waste audit of each City facility designated, and implement a
comprehensive waste diversion program, including education of City employees. Additional
services at City facilities, whether requested by the City or recommended in connection with
the waste audit, will be provided as a changed service in accordance with Section 5.1.2(b).
5.8.2 City - Sponsored Events. Franchisee shall provide Solid Waste and
Recyclable Material Containers in sufficient numbers to serve up to four (4) City - sponsored
events each Franchise Year, at no cost to the City. Franchisee may use either Bins,
cardboard Containers or Bagster® Bags for this service, as appropriate. Franchisee shall
use commercially reasonable efforts to maximize diversion of materials collected at City -
sponsored events.
5.8.3 Emergency Service. Franchisee will assist City at the City's request
with emergency collection service in the event of major disaster, such as an earthquake,
storm, riot or civil disturbance, by providing equipment and drivers normally assigned to
City. Franchisee may charge City for actual disposal costs, plus service rates in accordance
with the Maximum Rate Schedule.
5.8.4 Illegal Dumping.
(a) Franchisee shall arrange to remove and dispose of illegally
dumped materials at City facilities or within twenty (20) feet of the public right -of -way on
Ramona Boulevard, Baldwin Park Boulevard, Maine Avenue, and Puente Avenue, within
one (1) business day from its observation of the illegally dumped material or a request for
removal from the City, as the case may be. Franchisee shall provide an accounting of the
cost of providing this service annually to the City, and Franchisee may request an
adjustment in rates to reimburse it for a substantial increase in costs to provide this service
under Section 8.2.5.
(b) Abandoned vehicles and objects or appliances larger than
conventional household furniture or appliances as well as hazardous, special and
biohazardous wastes are exempt from the above requirements, provided, however, that of
these exempted items noted within the public right -of -way are to be immediately reported to
the City.
5.8.5 Large Venue Recycling. Franchisee agrees to carry out all
requirements of Public Resources Code Sections 42648 through 42648.7 (AB 2176)
01067/00011141784.9 29
applicable to a solid waste enterprise, and to cooperate with City to facilitate compliance
with these provisions by large event operators for events occurring within the City.
5.8.6 Climate Change. Franchisee will assist the City in monitoring the
development of regulatory programs to implement state climate change legislation (AB 32),
and in developing programs and tracking mechanisms as required for compliance at the
request of the City, as a change in service under Section 5.1.2(b).
5.8.7 Annual Benefit Fund. Franchisee shall make a contribution to an
Annual Benefit Fund to be established by the City, at the request of the City, in the amount
of Fifty Thousand Dollars ($50,000.00), commencing with the Rate Year beginning on July
1, 2014 and each Rate Year thereafter during the term. The programs that may be
undertaken by the City through the Annual Benefit Fund, include, but are not limited to,
those set forth below.
(a) One or more annual Community Cleanup days, where Roll -Off
Boxes are provided at locations throughout the City for collection of Solid Waste, Bulky
Items, and E- waste.
(b) Undertaking a Single- Family, Multi- Family or
Commercial /Industrial Food Waste collection pilot program, and a proposal for a permanent
plan (if feasible) to be implemented as a change in service in accordance with Section
5.1.2(a).
(c) Additional Bulky Items collection days.
5.8.8 Local Student Programs.
(a) Commencing with the Rate Year beginning on July 1, 2014, and
every Rate Year thereafter during the term, Franchisee will implement a student internship
program at its local office, for the purpose of providing training in the provision of solid
waste handling services, for one high school student residing in the City for three months.
Franchisee shall publicize its internship program and use reasonable efforts to encourage
City high school students to apply.
(b) Commencing with the Rate Year beginning on July 1, 2014, and
every Rate Year thereafter during the term, Franchisee will implement a scholarship program
providing one or more graduating high school students scholarships, with an aggregate value
of not more than Two Thousand Five Hundred Dollars ($2,500.00) each Rate Year.
Franchisee shall publicize its scholarship program and use reasonable efforts to encourage
graduating City high school students to apply.
5.8.9. Compressed Natural Gas (CNG ) Fueling Facility. Franchisee will
make its CNG fueling facility, located at 13940 East Live Oak Avenue, Baldwin Park,
available to the City for refueling of the City vehicles in the event of an emergency, as
01067/0001/141784.4 30
reasonably determined by City's Chief Executive Officer, at the same rate for CNG paid by
Franchisee. Upon request of the Chief Executive Officer, Franchisee and the City agree to
negotiate in good faith to allow the use of Franchisee's CNG fueling facility for routine non -
emergency use by City vehicles, upon mutually agreeable terms and conditions.
5.8.10. Grant Funding. Franchisee shall provide reasonable assistance to the
City in identifying and applying for grants or other publicly- funded programs related to
waste diversion or public education, at no additional cost.
6.1 State Mandate. AB 939 currently sets the directive of Diverting fifty percent
(50 %) of the City's Solid Waste. If the City fails to implement its required plans to achieve
the aforementioned directive under AB 939, then the Department of Resources Recycling
and Recovery ( "CalRecycle ") may impose administrative civil penalties of up to Ten
Thousand Dollars ($10,000.00) per day until the City implements its plans. Furthermore,
City anticipates the State Legislature will adopt new legislation that will increase the
minimum Diversion requirement. Upon the effective date of any new legislation that affects
the Diversion requirements currently imposed by AB 939, Franchisee agrees to implement a
revised or new Diversion program meeting such amended legislative requirements and may
seek a rate adjustment, as appropriate, under Section 8.2.4. Failure to implement an
amended Diversion program based upon new State legislation mandating Waste Diversion
levels shall constitute a default of this Agreement.
6.2 Joint Responsibilities; Development of Diversion Program. The City and
Franchisee shall meet and confer in good faith to jointly develop Solid Waste Diversion
strategies and develop a program adequate to meet the requirements established by the State.
In the event of any change to State or regional laws, regulations or mandates setting new
Diversion requirements applicable to the City, the Parties shall promptly meet and confer to
negotiate in good faith the implementation of such amendments to law through the City's
Solid Waste Diversion program. City and Franchisee shall reasonably cooperate in good faith
with all effort by each other to meet City's AB 939 diversion requirements and otherwise to
ensure compliance with the Act including, without limitation, requests to the Board pursuant
to Public Resources Code §§ 41785 and/or 41820. If the City and Franchisee cannot agree
on an amended Diversion program within thirty (30) days after initially commencing any
meet and confer process, City shall be entitled to specify the program to be implemented,
and, as appropriate, rates may be adjusted subject to the provisions of Section 8.2.4.
6.3 Franchisee Waste Diversion Responsibilities.
6.3.1 Cooperation. Franchisee shall cooperate with the Solid Waste
Diversion activities of the City and shall coordinate Diversion activities and programs to the
extent possible. Franchisee shall undertake all of the terms and conditions of any Diversion
01067/0001/141784.9 31
program or amended Diversion program agreed to with the City, or mandated by the City in
accordance with Section 6.2, as the case may be.
6.3.2 Education and Public Awareness.
(a) General. Franchisee acknowledges that education and public
awareness are essential elements of efforts to achieve AB 939 requirements. Accordingly,
within ninety (90) days after the Effective Date, and each July 1 thereafter during the term,
Franchisee shall develop or update a public education and information program plan for
review and approval by the Chief Executive Officer, to explain program offerings, maximize
participation in the recycling effort, and assist the City's overall sustainability efforts, and to
provide information on other matters such as holiday collection schedules, the availability of
Bulky Item collection, Temporary collection services and other special collection services, as
well as procedures for complaints and service requests. Public education materials will be
provided in English and Spanish. In addition, Franchisee shall distribute electronic welcome
brochures with the above information to new Single - Family and Multi- Family customers at
the time they apply for service. Franchisee shall also provide a website specific to the City
providing the above information. The direct costs of implementing the program shall be
borne by Franchisee.
(b) The public education program will include the "Clean Baldwin
Park" program, designed to educate and encourage residents and businesses to identify and
report illegal dumping, and to encourage proper disposal of Bulky Items. Education and
outreach implemented as part of the public education plan may include print media, invoice
inserts, bus shelter signage, posters, messaging on social media outlets, regularly scheduled
school presentations, and participation at designated City and community events.
(c) The public education program will include programs designed
to educate and encourage Commercial /Industrial and Multi - Family Premises to comply with
the requirements of AB 341. Education and outreach implemented as part of the public
education plan may include print media, invoice inserts, posters, messaging on social media
outlets, regularly scheduled school presentations, and participation at designated City and
community events.
(d) Franchisee will designate a Contract Liaison/Representative,
who will be responsible to day -to -day interaction with the City related to contract
performance. Franchisee Liaison/Representative will also be responsible to ongoing
outreach to community groups, school assemblies, and homeowner's associations to
encourage waste diversion and, in general, provide the information described in the public
education plan. Franchisee will provide City with ten (10) days advance notice of a change
in its Franchisee Liaison/Representative.
6.3.3 Waste Generation/Characterization Studies. Franchisee acknowledges
that the City may be required periodically to perform solid waste generation and disposal
characterization studies to comply with AB 939 or other waste diversion requirements.
01067/0001/141784.9 32
Franchisee agrees to participate in, and to cooperate with the City and its agents in the
preparation of these studies at no additional cost to the City.
6.3.4 AB 341 Assistance. Franchisee shall make good faith efforts to assist
the City to implement the requirements of AB 341, including the education, outreach and
monitoring requirements of the Mandatory Commercial Recycling law. Within ninety (90)
days after the Effective Date, Franchisee shall submit to City for review and approval, a plan
to provide such assistance, and more specifically, to implement a public education plan as
described in Section 6.3.2(c), identify all customers subject to the requirements of AB 341,
provide periodic on -site visits to such premises to offer and promote recycling services and
attempt to resolve any logistical detriments to providing service, and notify and request
assistance from the City for potential follow -up action where there is a repeated refusal to
implement recycling services. City agrees to provide reasonable assistance to Franchisee in
implementing the plan and program, including preparing a letter for distribution to customers
regarding AB 341 requirements, and occasional participation by City personnel in meetings
with customers who repeatedly refuse to implement recycling services.
6.3.5 Implementation of Strategies and Penalties. Franchisee shall implement
the strategies jointly developed and agreed to by the Parties. If Franchisee's failure to
perform its obligations under this Section 6.3 results in the imposition of penalties against the
City pursuant to the provisions of AB 939, Franchisee shall protect, defend with counsel
approved by City, indemnify, and reimburse the City (including its officers, directors,
employees and agents) for such fine or penalty within thirty (30) days of its imposition,
subject to any limitations on such indemnification contained in Public Resources Code
§40059.1.
6.3.6 Waste Diversion Reporting Requirements. Franchisee shall comply
with the Waste Diversion reporting requirements established by the City. Franchisee shall
provide City with regular written reports in a form acceptable to the City and adequate to
meet City's reporting requirements to the Board on compliance with AB 939, including a
breakdown of the type and quantity of waste (by weight and volume) hauled by Franchisee,
generator type and program area, the type and quantity of Recyclable Materials, FMW (as
may be inadvertently received by Franchisee), Green Waste and Bulky Waste, and including
a discussion of the quarterly waste Diversion percentages achieved during the year.
Franchisee shall report such information on a monthly basis. Monthly records will allow for
reporting of seasonal variation in waste quantities and will assists in program operation,
improvement and expansion.
6.3.7 Meet and Confer Process. If Franchisee materially fails to undertake
the requirements of any Diversion program or amended Diversion program, as described in
this Agreement, Franchisee and City shall meet and confer to develop a revised or new
Diversion program. If the City and Franchisee fail to agree on a revised or new Diversion
program within one hundred twenty (120) days after commencing the meet and confer
process (which date may be extended by mutual written agreement), notwithstanding
anything to the contrary contained herein, then the City may elect to seek termination or
01067/0001/141784.9 33
other remedies in accordance with Article X. Franchisee agrees to continue performance
under this Agreement until City hires a new contractor.
6.4 Green Waste Diversion. Franchisee will divert Green Waste collection from
disposal. Franchisee will provide for end uses of Green Waste that maximize diversion
credit for the City according to regulations adopted by CalReeyele. Green Waste may be
used as alternative daily cover ( "ADC ") to the extent that City will receive full diversion
credit. Franchisee is responsible for monitoring how the green waste will be diverted at
selected processing facilities and for selecting alternative facilities if necessary to ensure full
diversion credit.
ARTICLE VII
VEHICLES, EQUIPMENT AND PERSONNEL
7.1 Vehicles.
7.1.1 General. Franchisee shall continue to provide a fleet of collection
vehicles sufficient in number and capacity to perform efficiently the work required by this
Agreement in strict accordance with its terms. Franchisee agrees to maintain each piece of
equipment used by it in good order and repair. All vehicles shall be uniformly painted. All
vehicles shall be registered with the California Department of Motor Vehicles and shall meet
or exceed all applicable State and local requirements. Each vehicle shall also carry a fire
extinguisher, first aid kit and a broom and shovel to be used for the immediate removal of
any spilled material. All spilled material shall be immediately removed by Franchisee. The
Chief Executive Officer may order the removal of any vehicle fi-om service within the City if
such vehicle is found to be in nonconformance with the requirements of any provision in
Section 7.1. Any vehicle removed from service will not be placed back into service without
the approval of the Chief Executive Officer.
7.1.2 Vehicle Specifications. All collection vehicles shall conform to the
highest industry standards and shall be maintained in a clean and efficient condition. All
collection vehicles shall comply with all applicable provisions of South Coast Air Quality
Management District Rule 11.93. As of the Effective Date of this Agreement, 100% of Bin
Service collection vehicles providing service are alternative fuel vehicles, and the large
majority of Cart Service and Roll -Off Service collection vehicles are alternative fuel
vehicles. The City hereby directs and requires Franchisee to achieve 100% use of alternative
fuel Cart Service and Roll -Off Service collection vehicles by means of the compliance
strategy set forth in Rule 1193(d)(4)(A), within five (5) years of the effective date.
7.1.3 Truck Bodies. All truck bodies used by Franchisee shall be constructed
of metal, shall be watertight and leak -proof and shall be so constructed as to prevent odors or
the falling, leaking or spilling of Solid Waste, Recyclables, or other materials. Franchisee
shall maintain all trucks and equipment used within City in good mechanical condition and
the same shall be clean and uniformly painted and numbered. All trucks and equipment shall
01067/0001/1417 84.9 34
have painted thereon, or affixed thereto, in letters and numbers at least three (3) inches in
height, the name and telephone number of Franchisee, which name and telephone shall be
clearly visible at all times. Each vehicle utilized by Franchisee shall be identified by
numerals at least three (3) inches in height in a location or locations on such vehicles to be
specified by Franchisee. A list showing each vehicle so identified shall be made available to
City and maintained in the current status by Franchisee and, upon notice given by City,
Franchisee shall make the equipment available for inspection. If City finds any truck or
equipment being used by Franchisee is not in satisfactory condition, then the truck or
equipment requiring correction of defects shall not be used by Franchisee in the performance
of the Agreement until corrected to the reasonable satisfaction of City. In addition, if any of
Franchisee's trucks are inspected by any other public agencies, then copies of any inspection
report shall be made available to the City upon request.
7.1.4 Backup Alarm. Each vehicle used for collecting, hauling or disposing
of Solid Waste and/or Recyclables shall be equipped with an audible warning device that is
activated when the vehicle is backing up.
7.1.5 Preventive Maintenance and Repair Program. Within thirty (30) days
of the Effective Date of this Agreement, Franchisee shall have implemented a complete and
comprehensive preventive maintenance and repair program, or if such repair program has
already been implemented, Franchisee shall continue its performance thereof. Franchisee
shall provide a copy of its preventative maintenance program to City, upon request. The
maintenance program shall include and Franchisee shall inspect each vehicle daily to ensure
that all equipment is operating properly. Vehicles that are not operating properly, or vehicles
in such a condition as to be unsafe or excessively noisy, must be removed from service until
repaired and operating properly. Franchisee shall perform all scheduled maintenance
functions in accordance with the manufacturer's specifications and schedule and shall inspect
each vehicle daily to ensure that all equipment is in good working order. Franchisee shall
keep accurate records of all vehicle maintenance and repairs, recorded according to date and
mileage, nature of maintenance or repair and the signature of a maintenance supervisor or
mechanic that the maintenance or repair has been properly performed. Franchisee shall make
such maintenance records available to City on request.
7.1.6 Vehicle Cleaning. Vehicles shall be washed completely at least once a
week and steam - cleaned on a regular basis so as to present a clean appearance and minimize
odors, but in no event less than once a month.
7.1.7 Vehicle Storage. No vehicle used by Franchisee in performance of this
Agreement shall be stored on any public street or other public property in the City. All
Franchisee's vehicles if kept within the boundaries of the City shall at all times when not in
use be kept on property of the proper zone either within a building or fenced yard.
7.1.8 Vehicle Operation.
(a) Vehicles must be operated in compliance with the California
0106710001/141784.9 35
Vehicle Code, and all applicable local ordinances. No vehicle used for collecting, hauling or
disposing of Solid Waste and/or Recyclables shall be loaded in excess of the manufacturer's
gross vehicle weight rating or in excess of the maximum weight specified by the California
Vehicle Code, whichever is less. Evidence of the manufacturer's name and gross vehicle
weight rating shall be maintained in, or upon, every vehicle.
(b) Solid waste shall be covered at all times except when it is being
loaded or unloaded or when a vehicle is moving along the collection route.
(e) Minimization of Spills. Franchisee must use due care to prevent
solid waste or fluids from leaking or being spilled or scattered during the collection or
transportation process. If any solid waste or fluids leak, or are spilled during collection,
Franchisee must promptly clean up those materials to the satisfaction of the City. Each
collection vehicle must carry a broom and shovel at all times for this purpose. Franchisee
shall promptly provide the Chief Executive Officer or his /her designee with verbal
notification whenever a spill occurs.
7.1.9 Inspections.
(a) City Inspections. Franchisee shall give the City at least fifteen
(15) days prior written notice of any vehicle inspection to be performed by the California
Highway Patrol ( "CHP ") and the City may elect to observe the CHP inspection. Without
limiting the City's right to observe the CHP inspections, City reserves the right to cause any
vehicle used in performance of this Agreement to be inspected and tested at any
commercially reasonable time and in such manner as may be appropriate to determine that
the vehicle is being maintained in compliance with the provisions of the Baldwin Park
Municipal Code and the State Vehicle Code, including but not limited to California Vehicle
Code Sections 27000(b), 23114, 23115, 42030, 42032, and all Vehicle Code Sections
regarding smog equipment requirements. The City may elect in its sole discretion to hire an
independent contractor to perform a comprehensive inspection of Franchisee's vehicles. If
the City hires an independent contractor to perform the inspection on behalf of the City
Franchisee shall pay for the cost of such inspection. City shall act prudently in requesting any
such inspection.
(b) Brake Inspections. The brake system of each vehicle used in
performance of this Agreement shall be inspected by the CHP and shall comply with State
law. Notice of certification shall be filed with the City within thirty (30) days after each such
certification. Failure to submit the required certification shall be grounds for terminating this
Agreement.
7.2 Containers.
7.2.1 Container Ownership. All Containers provided by Franchisee under
this Agreement shall remain the property of Franchisee at all times.
72.2 Cart Specifications. Franchisee shall utilize Carts for collection of
01067/0001/141784.9 36
Solid Waste, Green Waste and Recyclable Material designed and manufactured in
accordance with standard industry specifications. The design of any new Carts proposed to
be placed into service must be approved by the Chief Executive Officer.
7.2.3 Cart Maintenance and Replacement Responsibilities. Franchisee is
responsible for Cart repair and maintenance, graffiti removal (within three (3) business days),
and replacing lost, stolen or damaged Carts within seven (7) business days from receipt of a
request at no additional charge. Franchisee may charge the account for repairing or replacing
a Cart if the damage is due to loss, negligence or abuse by the account. In no event may this
charge be greater than Franchisee's actual cost for replacement parts or a new Cart, and
delivery. Each customer is entitled to one replacement of the Solid Waste, Recyclable
Materials and Green Waste Carts, each, during the term of this Agreements without charge,
upon request. In addition, Franchisee will conduct an annual review of the overall condition
of Carts in use in the City, and provide replacement Carts as needed to assure that all Carts in
use are serviceable and have a good appearance.
7.2.4 Bin Specifications. Franchisee will provide Bin Containers for
collection of Solid Waste, and for the collection of Recyclable Material, as appropriate for
individual Commercial /Industrial or Multi- Family Accounts. Franchisee must maintain its
Bins in a clean and sound condition, free from putrescible residue. Repairs or graffiti
removal requested by an account must be completed within five (5) business days of
Franchisee's receipt of the request.
7.2.5 Bin Maintenance and Replacement Responsibilities. Franchisee may
charge the account a fee for repairing or replacing a Bin if the damage is due to loss,
negligence or abuse by the account, or for cleaning of a bin.
7.2.6 Roll -Off Boxes Specifications. Franchisee will provide clean Roll -Off
Boxes, free from graffiti and equipped with reflectors. Franchisee must properly cover all
open Roll -Off Boxes during transport to the Disposal Site.
7.2.7 Bin and Roll -Off Boxes Cleaning. Each Commercial/Industrial
Account receiving Permanent Bin or Roll -Off Service is entitled to one (1) free cleaning of
each Container each Franchise Year, at no additional cost, upon the request of the account or
the direction of the City. Additional cleanings may be requested by the Account at the rate
set forth in the Maximum Rate Schedule.
7.3 Personnel.
7.3.1 General. Franchisee shall furnish such qualified drivers, mechanical,
supervisory, clerical, management and other personnel as may be necessary to provide the
services required by this Agreement in a satisfactory, economical, courteous, safe and
efficient manner. Franchisee shall keep itself fully informed of existing and future State and
Federal laws, rules and regulations rules and orders in any manner affecting those engaged
and employed in or on the work contemplated herein or in any way affecting the conduct of
01067/0001/141784.9 37
that work and of all orders or decrees of bodies of officials having jurisdiction or authority
over the same, and shall, at all times, observe and comply with and cause any and all persons
employed by Franchisee or under Franchisee cause to observe and comply with all such
laws, ordinances, rules, regulations, orders and decrees. Franchisee and any subcontractors
and/or employees under Franchisee shall comply with and be governed by the law of the
State of California having to do with working hours as set forth in the Labor Code of the
State of California, as the same may be amended from time to time.
7.3.2 Driver Qualifications. All drivers shall be trained and qualified in the
operation of collection vehicles and must have in effect a valid license, of the appropriate
class, issued by the California Department of Motor Vehicles.
7.3.3 Uniforms and Identification Badges. Franchisee shall require its
drivers and all other collection personnel to wear suitable, appropriate, clean and neat
uniforms with the employee's name visible. All other employees of Franchisee who come
into contact with the public shall carry suitable identification badges or cards upon their
person.
7.3.4 Employee Appearance and Conduct. Franchisee shall use its best
efforts to assure that all employees present a neat appearance and conduct themselves in a
courteous manner. Franchisee shall regularly train its employees in customer courtesy, shall
prohibit the use of loud or profane language, and shall instruct collection crews to perform
the work as quietly as possible. If any employee is found not to be courteous or not to be
performing services in the manner required by this Agreement, Franchisee shall take all
appropriate corrective measures.
7.3.5 Background Check. The City reserves the right to perform a security
and identification check through the City's Police Department upon Franchisee and all its
present and future employees, in accordance with accepted procedures established by the
City, or for probable cause.
7.3.6 Safety Training. Franchisee shall provide suitable operational and
safety training for all its employees who use or operate vehicles or equipment for collection
of Solid Waste or who are otherwise directly involved in such collection. Franchisee must
establish and vigorously enforce an educational program to train Franchisee's employees in
the identification of Hazardous Waste. Franchisee's employees must not knowingly place
any Hazardous Waste in the collection vehicles, nor knowingly dispose of any Hazardous
Waste at a processing facility or Disposal Site. Franchisee shall also establish and
implement an educational program to train Franchisee's employees to identify, document and
report illegal dumping, and to identify areas of the City with chronic illegal dumping, for
purposes of developing additional collection programs in accordance with Section 5.8.4.
Franchisee and its employees shall comply with any requirements, policies, regulations or
standards of any Disposal Site that is used by Franchisee.
01067/0001/141784.9 38
7.3.7 Safety. All work performed pursuant to this Agreement shall be
performed in a manner that provides safety to the public and meets or exceeds safety
standards outlined by the California Construction Safety Orders under the State of California
Code of Regulations ( "CAL- OSHA "). City reserves the right to issue restraint or cease and
desist orders to Franchisee when unsafe or harmful acts are observed or reported to City.
Franchisee shall maintain any of its facilities, free of hazards to persons and /or property.
Franchisee shall instruct its employees to report immediately any hazardous conditions or
Hazardous Wastes they observe within the City during the course of their work to the City.
7.3.8 No Gratuities. Franchisee shall not, nor shall it permit any officer,
agent, or employee employed by it to, request, solicit, demand, or accept, either directly or
indirectly, any gratuity for services required under this Agreement.
ARTICLE VIII
FRANCHISEE'S COMPENSATION
8.1 Maximum Rate Schedule.
8.1.1 In the attached Exhibit A -1, the City has established the maximum service
rates which may be charged by Franchisee to its customers in the City, as of the Effective
Date. Franchisee may establish such rates and charges Franchisee believes are appropriate in
the marketplace; provided, that such rates and charges do not exceed the maximum rates set
forth in the Maximum Rate Schedule. Franchisee shall not receive any other fees or
compensation for the services to be performed pursuant to this Agreement in excess of those
provided in the Maximum Rate Schedule, unless until such additional fees or compensation
have been duly noticed and subjected to a public hearing process in accordance with
Proposition 218, to the extent applicable.
8.1.2 On or before January 15, 2015, the City agrees to initiate a Proposition 218
hearing and protest process for the purpose of (i) implementing the blended rate schedule for
Comm erciaUlndustrial and Multi- Family service in accordance with Subsections 5.4.4(c) and
5.6.4(c), as set forth in Exhibit A -2 (as they may be adjusted in accordance with the July 1,
2014 rate adjustment described in Section 8.2.3), and (ii) to establish the index formula for
future annual rate adjustments in accordance with Section 8.2.3. Upon completion of the
hearing and protest process, and subject to the requirements of Section 8.3.4, the rates set
forth in Exhibit A -2 shall supersede the rates set forth in Exhibit A -1, and will be subject to
future adjustments in accordance with Sections 8.2.3 and 8.2.4.
8.1.3 In addition to the Proposition 218 notice and protest process undertaken in
accordance with Section 8.1.2, and to the extent required, the City agrees to initiate and
complete the Proposition 218 hearing and protest process with respect to each and every
increase to the Maximum Rate Schedule requested by Franchisee during the term, including,
but not limited to, the annual adjustments set forth in Sections 8.2.2 and 8.2.3, and the
Increase for Unusual Increased Costs as set forth in Section 8.2.4. Any future adjustment is
01067/0001/141784.9 39
subject to the requirements of Section 8.3.4, to the extent applicable.
8.2 Adjustments to Maximum Rate Schedule.
8.2.1 General. Franchisee acknowledges under current law, increases in the
Maximum Rate Schedule may be subject to the substantive and procedural requirements of
Proposition 218. During the Term of this Agreement, the Maximum Rate Schedule shall be
adjusted in accordance with this Article VIII, subject to the provisions and requirements of
Proposition 218. Any increases in the Maximum Rate Schedule are strictly subject to the
assent of the City and compliance with Proposition 218 as provided in Section 8.3.
8.2.2 Annual Adjustments. Adjustments to the Maximum Rate Schedule
shall be authorized consistent with this Section 8.2 beginning on July 1, 2014. All requests
for rate adjustments shall be submitted by Franchisee to the Chief Executive Officer on or
before the first day of March each year beginning with March 1, 2014. All requests for
annual adjustments shall be in a form acceptable to the Chief Executive Officer with support
for all assumptions made by Franchisee in preparing the adjustment. The Chief Executive
Officer shall review the information submitted by Franchisee for completeness and
accuracy, and the parties agree to negotiate in good faith regarding any dispute. The
requested adjustment, if authorized under 8.2.3, shall take effect upon verification of
completeness and accuracy by the Chief Executive Officer, or complying with all
requirements of Proposition 218 for any other adjustment authorized by this Agreement.
8.2.3 COLA Adjustments. With respect to the adjustment effective July 1,
2014, all rates, fees or charges on Exhibit A -I shall be adjusted to reflect changes in the
Consumer Price Index for All Urban Consumers as prepared and announced from time to
time by the United States Department of Labor for the Los Angeles /Orange
County /Riverside area. The adjustment shall be equal to the amount derived by multiplying
the previous rates in Exhibit A -1 by the percentage increase or decrease in the index as
measured in the month of March each year. City and Franchisee acknowledge, agree and
understand that the foregoing adjustment has previously been approved by the City following
completion of the Proposition 218 notice and hearing process, and that this adjustment shall
take effect upon verification of completeness and accuracy by the Chief Executive Officer.
Beginning with the adjustment effective July 1, 2015, and through the adjustments
effective for the Contract Years 2015/2016, 2016/2017, 2017/2018, 2018/2019 and
2019/2020, all rates, fees or charges set forth in Exhibit A -2 shall be adjusted by the
percentage increase in the Consumer Price Index, CUSR0000SEI-IG02 CPI -U Garbage and
Trash Collection, US City Average, not seasonally adjusted, as published by the United
States Department of Labor, Bureau of Labor Statistics, or the most similar successor index
if this index is no longer published, ( "CPI "), by calculating the average of the changes in the
CPI between each month during the January to December period immediately preceding the
date of the rate adjustment and the same month in the preceding year. An example of the
rate adjustment methodology is provided in Exhibit C.
40
01067/0001/141784.9
For each Contract Year beginning with 2020/2021 during the term on this Agreement,
and subject to adoption in accordance with Proposition 218 and this Agreement, all rates,
fees or charges set forth on the Maximum Rate Schedule shall be adjusted by the percentage
increase in the CPI, by calculating the average of the changes in the CPI between each month
during the January to December period immediately preceding the date of the rate adjustment
and the same month in the preceding year. An example of the rate adjustment methodology
is provided in Exhibit C. Such annual CPI adjustments to the Maximum Rate Schedule shall
be subject to the following requirements:
(a) The COLA Adjustment may take effect only after it has been
adopted and passed pursuant to a Proposition 218 hearing and protest process, to the extent
applicable. In this vein, the COLA Adjustment shall be enacted consistent with Government
Code § 53756, such that the COLA Adjustment may not exceed a period of five (5) years.
(b) Commencing from the date of adoption for any COLA
Adjustment, such adjustments shall continue automatically on a year -to -year basis for a
period not to exceed five (5) years after the date such adjustments were adopted in
accordance with Proposition 218.
(c) At the end of the five -year period, there shall be no further CPI
escalations or other automatic adjustments to the Maximum Rate Schedule unless or until
further automatic adjustments are adopted through a subsequent Proposition 218 hearing and
protest process as required by Government Code § 53756, to the extent applicable.
With respect to any annual adjustment beginning, the amount of the annual
adjustment under this section shall not exceed five percent (5 %) for any Contract Year. Any
percentage increase calculated pursuant to Section 8.2.3 which exceeds the annual rate cap
for such Contract Year shall be carried forward and added to future approved percentage rate
increases; provided, however, that the total increase for any future Contract Year is no more
than the annual rate cap for that year. Any unused increase may be carried forward until
fully applied, except that any unused increases remaining at the end of the term hereof will
expire unused.
8.2.4 Increases for Unusual Increased Costs. Subject to adoption in
accordance with Proposition 218 and this Agreement, the Maximum Rate Schedule shall be
adjusted to account for unusual or extraordinary costs to Franchisee such that cost increases
shall be "passed- through" to Franchisee's customers in the form of service rate adjustments
( "Pass- Through Adjustments "). Franchisee may request a Pass - Through Adjustment under
this Section 8.2.4 only once each Rate Year; and each request shall include a schedule
documenting the extraordinary costs. Such unusual or extraordinary costs that shall be
passed - through include, without limitation:
• Changes in State or local government Solid Waste fees and charges, or
changes in the law, but shall not include circumstances within the control of
Franchisee, such as changes in the purchase price of new equipment, amounts
01067/0001/141784.9 41
reimbursed by insurance companies, or rebates of any type;
• Changes in Franchisee's costs or revenues arising from a change service
requirements in accordance with Section 5.1.2;
• Changes in Franchisee's costs or revenues arising from any future amendment
to Chapter 50 of the Municipal Code or other further legislation adopted or
enacted by City in the exercise of its police powers;
• Changes in Franchisee's costs or revenues arising from an amended Diversion
program mandated by the City in accordance with Section 6;
• Changes in Franchisee's costs arising from a new or increased fee or charge
imposed on Franchisee in accordance with Section 3.3.5;
• Changes in Franchisee's costs arising from City's direction to increase the
coverages or limits of coverage in its policies of insurance in accordance with
Exhibit D, Section 8.
The Pass - Through Adjustments may be adopted through a Proposition 218 hearing and
protest process any time after the Effective Date hereof. Pass- Through Adjustments may
adjust automatically each year as needed solely to cover the actual cost increases to be
incurred by Franchisee; however, such annual automatic adjustments for pass - throughs shall
not continue for a period exceeding five (5) years unless, at the end of such five -year period,
continued automatic adjustments are adopted through a subsequent Proposition 218 hearing
and protest process as required by Government Code § 53756. Franchisee agrees to notify
City in writing of any expected cost increases that could result in a Pass - Through
Adjustment, and Franchisee shall use its best efforts to utilize any alternate action (including,
as appropriate, a change to using a Disposal Site with lower Disposal Fees) to the extent
reasonably feasible to avoid passing -on cost increases to Franchisee's customers.
8.3 Proposition 218 Process for Adjustments to Maximum Rate Schedule.
8.3.1 Compliance with Proposition 218 Required. As provided in Section
8.2, above, certain adjustments to the Maximum Rate Schedule are strictly subject to the
assent of the City and compliance with Proposition 218, to the extent applicable. The City
intends to comply with all applicable laws, including without limitation applicable
requirements of Proposition 218, concerning the setting of adjustments to the Maximum Rate
Schedule under this Agreement. At the request of the City, Franchisee shall arrange and pay
for the cost of mailing all notices required by Proposition 218. Those notices shall be
prepared by the City
8.3.2 Indemnification. With respect to any approval undertaken in
accordance with Section 8.1.2 and any future adjustment to the Maximum Rate Schedule
undertaken in accordance with Sections 8.1.3, 8.2.2, 8.2.3 and 8.2.4 where City has
01067/0001/141784.9 42
completed the Proposition 218 hearing and protest process or where Franchisee has agreed,
in writing, no Proposition 218 hearing and protest process is required, Franchisee 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 investigation, and administration) and
costs or losses of any kind whatsoever paid, imposed upon, endured or suffered by or
assessed against Franchisee 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 Article XIIIC and Article XIIID to the imposition,
payment or collection of rates and fees for services provided by Franchisee under this
Agreement. Notwithstanding the foregoing, this indemnity shall not extend to any portion of
the rates that is not associated with Franchisee'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 as between the Parties.
8.3.3 Notice of Increases. Franchisee shall give prompt written notice of any
duly - adopted rate increases to all customers, which notice shall inform customers of the
exact date on which the increase becomes effective. These notices shall be provided on
Franchisee's publicly- accessible website and shall also be included in those billing invoices
mailed out at a time closest to the date that the rate increase will become effective.
8.3.4 Rate Increase Not Automatic. While City reserves all powers afforded
to cities generally under the provisions of applicable law, this Agreement, including the rate
adjustment elements hereof, has been agreed to by the parties following arms - length
negotiations and upon advice of counsel, for the dual purposes of safeguarding public health
and facilitating the performance of obligations undertaken by Franchisee on City's behalf
and for its benefit. Accordingly, while this Agreement does not require City's approval of a
Maximum Rate Schedule adjustment in every case, it does contemplate the City will exercise
its powers reasonably and in good faith, and shall favorably consider and shall accord proper
weight to a Maximum Rate Schedule proposal if accompanied by substantial supporting
evidence. After its review of substantial supporting evidence timely provided by Franchisee,
the City agrees, to the extent permitted by law, to implement rate adjustments authorized by
this Agreement; provided, that the City shall not be in default of this Agreement nor bear any
liability to Franchisee for any damages suffered by Franchisee as a result of the failure to
implement any rate adjustment authorized pursuant to this Agreement, if (i) a majority
protest prevents a proposed rate increase from being implemented or (ii) a court rules the
Rates implemented pursuant to this Agreement are not consistent with applicable law. If an
adjustment to the Maximum Rate Schedule is not approved as requested by Franchisee and
Franchisee provides substantial evidence Franchisee's business operations will be negatively
and materially impacted because the Maximum Rate Schedule was not approved by the City
01067/0001/141784.9 43
for other than as a result of a successful protest vote, Franchisee shall have the right, within
sixty (60) days after the City's disapproval, to request, in writing, the City negotiate in good
faith regarding reductions in programs, services, or fees to compensate for that negative and
material impact on Franchisee's business operations. If the City fails, for sixty (60)
consecutive days, to negotiate in good faith and after receipt of written notice from
Franchisee of that failure and does not commence negotiations in good faith within forty -five
(45) days after receipt of that written notice (the "45 -Day Failure Period "), then Franchise
may terminate this Agreement no earlier than one hundred eighty (180) days after the
termination of the 45 -Day Failure Period.
8.4 Billing. All Residential, Commercial /Industrial Unit accounts shall be directly
billed by Franchisee consistent with this Section 8.4.
8.4.1 Single - Family Cart Services. Franchisee shall bill Single - Family
Accounts bi- monthly in advance for Solid Waste handling services at the rates set forth in the
Maximum Rate Schedule, as adjusted, and for service fees where the rate can be determined
in advance. Payment is due within thirty (30) calendar days after the invoice date, and is
considered overdue fifteen (15) days following the end of the billed service period.
8.4.2 Multi - Family and Commercial /Industrial Services. Franchisee shall bill
Multi - Family and Commercial /Industrial Accounts monthly in advance for Solid Waste
handling services at the rates set forth in the Maximum Rate Schedule, as adjusted, and for
special fees and service fees where the rate can be determined in advance. Payment is due
within thirty (3 0) calendar days after the invoice date, and is considered overdue fifteen (15)
days following the end of the billed service period.
8.4.3 Temporary Services; Special Services. Franchisee shall bill Single -
Family Accounts, Multi- Family Accounts and Commercial /Industrial Accounts monthly in
arrears for Temporary services, special fees, and service fees where the rate cannot be
determined in advance. Payment is due within thirty (30) calendar days after the invoice date,
and is considered overdue thirty (30) calendar days from the date of invoice. Franchisee may
use payment by credit card for temporary services or Bagster® Service.
8.4.4 Senior Discount. Franchisee will provide senior citizens discount to
certain Single- Family Accounts as set forth in the Maximum Rate Schedule where: (i) the
occupant is sixty (60) years or older and is considered to be the head of their household, and
(ii) proof of age is verified to the reasonable satisfaction of Franchisee. In addition, all
Single - Family Accounts receiving the senior discount will be provided Solid Waste
collection service using a 35- gallon cart.
8.5 Delinquent Accounts.
8.5.1 Notice. Franchisee may send a written or telephonic notice to Accounts
regarding payments of invoices during the billed service period, at the approximate intervals
of thirty (30) and sixty (60) days after the billing date. If payment is not received within
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fifteen (15) days from the end of the billed service period, or thirty (30) days following the
date of invoice for Temporary or special services, as the case may be, then Franchisee may
send Accounts a notice that service will be suspended if payment is not made within thirty
(30) days from the date of the delinquency notice. In addition, Franchisee is permitted to
charge late fees in the amount of interest not to exceed 1.5% per month with a minimum fee
of three dollars $3.00 per invoice less any interest assessed, as to any invoices where
payment is not received within fifteen (15) days from the end of the billed service period, or
thirty (30) days following the date of invoice for temporary or special services, as the case
may be.
8.5.2 Termination of Service. In addition, if payment is not received within
thirty (30) calendar days from the date of the delinquency notice provided in accordance with
Section 8.5.1, Franchisee may terminate collection service at the delinquent account until
payment in full has been received, including payment of the late fees and the activation fee
set forth in the Maximum Rate Schedule.
8.5.3 Collection Procedure Review. Upon the request of either party, the
parties agree to meet from time to time to review procedures for collection of delinquencies,
the success of collection efforts, and additional programs to enhance collections and reduce
bad debt.
8.5.4 No Waiver of City Remedies to Address Public Nuisance. If
Franchisee terminates service to any customer in the City, then nothing herein waives or
supersedes the City's rights to initiate code enforcement action(s) in response to the build -up,
long -term stagnation, or misplacement of Solid Waste as a result of the termination of
Franchisee's service. In addition, the City and Franchisee shall, at the option of either party,
meet and confer in good faith to resolve any matters of public nuisance or Solid Waste build-
up that resulted from a termination of service by Franchise.
8.6 Refunds. Franchisee shall refund to each customer, on a pro rata basis, any
advance service payments made by such customer for service not provided when service is
discontinued by notification to Franchisee by the customer.
ARTICLE IX
ACCOUNTING AND RECORDS
9.1 Recordkeepin . Franchisee understands and agrees that it shall keep full and
complete books, records and accounts of all financial transactions with respect to this
Agreement. All such books, records and accounts shall be maintained for a minimum of five
(5) years from and after the end of the fiscal year in which any such books, records and
accounts are created. Records subject to this Section shall include paper, electronic,
magnetic or other media including, but not limited to, records of recovered materials,
marketing records, cash register records of purchases of source separated Recyclables, and
video tape recordings of Franchisee operations, vehicular registration and maintenance
records, complaint logs, the log of uncollected materials, personnel files, customer
01067/0001/141784.9 45
correspondence and other correspondence, etc.
9.2 Inspection of Franchisee's Accounts and Records. Franchisee's records of
customer complaints, AB 939 compliance records, maps, billing records, gross income,
franchise fee payments and customer payment histories or other operational records
reasonably required to verify Franchisee's performance under this Agreement shall be
available at Franchisee's local office as set forth in Section 5.2.1 at any time during regular
business hours for inspection on twenty -four (24) hours notice, and/or performance of
financial review of Franchisee's records by the City or its duly authorized representative in
accordance with the Agreed Upon Procedures, as such term is associated with standard audit
procedures), for a period of three (3) years following the close of Franchisee's fiscal year.
Franchisee shall provide City with a copy of any requested record at no cost to City.
9.3 Cost of Agreed Upon Procedures. The City may annually perform an
Agreed Upon Procedure of Franchisee's books and records in accordance with Section 9.2, or
otherwise upon Franchisee's request for an increase in rates under the Maximum Rate
Schedule. If the City's performance of Agreed Upon Procedures discloses the Franchise Fee
payable by Franchisee was underpaid by three percent (3 %) or more, or customers were
overcharged by three percent (3 %) or more, for the period under review, then Franchisee
shall pay for the cost of City's performing the Agreed Upon Procedures in addition to the
reimbursing the City for the underpayment and/or refunded the customers for their
overpayment.
9.4 Payments and Refunds. If the performance of an Agreed Upon Procedure by
the City discloses the Franchise Fee payable by Franchisee was underpaid or customers were
overcharged for the period under review, then Franchisee shall pay to City any
underpayments of the Franchise Fee and refund to Franchisee's customers any overcharges.
If the performance of an Agreed Upon Procedure by the City discloses Franchise Fee were
overpaid, then City shall promptly refund to Franchisee the amount of the overpayment.
9.5 Reporting.
9.5.1 Reports. Franchisee shall provide quarterly and annual reporting as
outlined in this Section. However, the Chief Executive Officer reserves the right to request
additional information as necessary to meet AB 939 reporting requirements. All information
included in the reports shall be provided according to the source of generation. Waste
generator types are defined as follows:
(a) Single - Family
(b) Multi- Family
(c) Commercial /Industrial
(d) Construction /Temporary Bin/Roll -Off
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(e) Bulky Item
(f) City facilities
9.5.2 Quarterly Reports. Franchisee shall submit quarterly reports no later
than one month following the completion of each quarter. The quarterly reports shall include
the information collected and summarized on a monthly basis. Specifically, Franchisee shall
provide the following quarterly reports:
(a) Collection information. The quantity of solid waste collected by
month and the number of accounts serviced monthly. The quantities of solid waste;
recyclable material, and green waste collected shall be reported in terms of tonnage (or cubic
yards if tonnage information is not available). Franchisee shall clearly specify any
assumptions made in reporting of quantities.
(b) Service performance. Summarize the entries made in the
service log including all praises, complaints, notifications of missed pickups, Container
overfilling, and non- collection notices issued, and Franchisee responses thereto. Identify the
total number of all written or oral customer comments and shall provide the number of
comments received in the following categories: praises, litter or property damage complaints,
misplacement of Containers, stolen Containers, personnel complaints, missed pickups, and
other.
(c) Program implementation. Summarize the problems or barriers to
implementation of services for the quarter. The report shall address how the problems and
barriers were overcome or the proposed resolutions and schedule for correcting the problem.
9.5.3 Annual Reports. Franchisee shall submit annual reports to the City no
later than February 28 of each year. The annual report will be in lieu of the quarterly report
for the fourth quarter of any calendar year. Franchisee will be responsible for providing the
following reports:
(a) Summary reports. Provide a summary of information contained
in the quarterly reports. Clearly indicate the diversion rate for each waste sector type. The
diversion information provided shall include quantities of materials collected, and the
quantities recycled and composted for each waste generator type. Franchisee shall note
unusual changes in disposal quantities and indicate potential reason(s) for this change. The
summary report shall include a discussion of noteworthy experiences, and any problems in
program operation and how they were resolved.
(b) Equipment inventory. Franchisee shall provide a complete
inventory of collection equipment.
(c) Future programs. Franchisee shall prepare a report that identifies
any future programs and /or facilities that may be needed but have not been planned for.
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01067/0001/141784.9
(d) Litigation information. Franchisee shall submit a summary of
the current status of any pending criminal or civil litigation that may have a material effect
on Franchisee's ability to perform its obligations under this Agreement.
(e) Corporate Information. The names of Franchisee's principal
officers and shareholders, and any changes in Franchisee's equity.
ARTICLE X
ENFORCEMENT OF AGREEMENT.
10.1 City Right to Terminate. The City shall have the right to terminate
Franchisee's franchise and this Agreement upon Franchisee's material breach of this
Agreement. The City's right to terminate shall be in addition to any other remedy provided
in this Agreement or provided by law and shall include, but not be limited to, any of the
events of default set forth in this Article X. In addition, specific events of default by
Franchisee include, without limitation, the following:
(a) If Franchisee practices, or attempts to practice, any fraud or
deceit upon the City, or practiced any fraud or deceit or made any misrepresentation in the
negotiations which preceded the execution of this Agreement.
(b) If Franchisee or any of its officers, directors, shareholders (who
have been active in the business of Franchisee), or employees are found guilty of felonious
conduct, illegal transport or disposal of Hazardous Waste, or bribery of public officials, then
the City reserves the unilateral right to terminate this Agreement, should they not be removed
from their position upon conviction, or to impose such other sanctions (which may include
financial sanctions, temporary suspensions or any other condition deemed appropriate short
of termination) as it shall deem proper under the circumstances. The term "felonious
conduct" shall mean a felony that in the City's determination has the potential of
endangering the public or affecting Franchisee's ability to perform this Agreement (e.g.,
identity theft). The term "found guilty" shall be deemed to include any judicial
determination of guilt including, but not limited to, pleas of "guilty ", "nolo contendere ", "no
contest" or "guilty to a lesser charge" entered as part of a plea bargain. This Section is not
intended, and shall not be interpreted, to require that Franchisee terminate any current
employee who may, at the Effective Date of this Agreement, have a criminal record.
(c) If Franchisee fails to provide or maintain in full force and effect
the workers' compensation or any other insurance coverage or performance bond required by
this Agreement.
(d) If Franchisee willfully violates any orders or rulings of any
regulatory body having jurisdiction over Franchisee, provided that Franchisee may
reasonably contest any such orders or rulings by appropriate proceeding conducted in good
faith, in which case no breach of this Agreement shall be deemed to have occurred until a
01067/0001/141784.4 48
final decision adverse to Franchisee is entered.
(e) If Franchisee fails to make any payments or to pay any penalties
required to be made or paid by Franchisee pursuant to this Agreement.
(f) If Franchisee for any reason ceases to provide Solid Waste
and/or Recycling management services required under this Agreement over all or a
substantial portion of its franchise area for a period of seven (7) days or more, except where
arising due to an event of Force Majeure.
(g) If Franchisee violates the terms, conditions or requirements of
the Baldwin Park Municipal Code or AB 939 or successor legislation, as they may be
amended from time to time or violates any order, directive, rule or regulation issued pursuant
to the foregoing legislation, where the violation is not remedied within the time set in the
written notice of the violation.
(h) If Franchisee refuses to provide City with required information,
financial statements, report or test results in a timely manner as required by this Agreement.
(i) If Franchisee becomes insolvent, unable or unwilling to pay its
debts, or upon the appointment of a receiver to take possession of all or substantially all of
the assets of Franchisee, or upon a general assignment by Franchisee for the benefit of
creditors, or upon any action taken by or suffered by Franchisee under any insolvency or
bankruptcy act.
(j) If Franchisee materially fails to meet the requirements of any
Diversion program or amended Diversion program, or AB 939.
(k) If Franchisee should persistently and repeatedly refuse or should
fail to supply enough properly skilled workers or proper materials or equipment for the
collection and disposal of Solid Waste from City in a good and workmanlike manner, or fail
to make prompt payment for materials, equipment or labor, or fail to make any payment to
City when due, or persistently disregard laws, ordinances, or the instructions of City or its
duly authorized representatives, or otherwise to be in substantial violation of any provision of
the Agreement.
(1) If Franchisee should persistently and repeatedly fail to perform
its services hereunder in a professional and workmanlike manner as required by the
performance standards set forth herein, or if Franchisee's conduct of its services under this
Agreement should result in a recurrent or persistent condition of public nuisance or threat to
public health and safety.
10.2 RiLFhts of Nondefaulting Party after Default. The Parties acknowledge both
Parties shall have hereunder all legal and equitable remedies as provided by law following
the occurrence of a default or to enforce any covenant or agreement herein. Before this
01067/0001/141784.9 49
Agreement may be terminated or action may be taken to obtain judicial relief the Party
seeking relief for a default ( "Nondefaulting Pa ") shall comply with the notice and cure
provisions below.
10.3 Notice of Default and Opportunity to Cure. A Nondefaulting Party in its
discretion may elect to declare a default under this Agreement in accordance with the
procedures hereinafter set forth for any failure or breach of the other Party ( "Defaulting
Party ") in its performance of a material duty or obligation of said Defaulting Party under the
terms of this Agreement. However, the Nondefaulting Party must provide written notice to
the Defaulting Party setting forth the nature of the breach or failure and the actions, if any,
required by Defaulting Party to cure such breach or failure ( "Default Notice "). The
Defaulting Party shall be deemed in "default" under this Agreement, where: (i) said breach or
failure can be cured, but the Defaulting Party has failed to fully cure within thirty (30) days
after the date of the Default Notice (subject to the provisions below), or (ii) a monetary
default remains uncured for ten (10) days (or such lesser time as may be specifically
provided in this Agreement).
10.4 Non - Monetary Defaults; Longer Cure Period. The Defaulting Party on a
non - monetary default shall not be deemed in breach of this Agreement, and such default
shall be waived, if such non - monetary default cannot reasonably be cured within the above -
prescribed thirty (30) day period, and as long as the Defaulting Party does each of the
following:
(a) Notifies the Nondefaulting Party in writing with a reasonable
explanation as to the reasons the asserted default is not curable within the thirty (30) day
period;
(b) Notifies the Nondefaulting Party of the Defaulting Party's
proposed cause of action to cure the default;
(c) Promptly commences to cure the default within the thirty (30)
day period;
(d) Makes periodic reports to the Nondefaulting Party as to the
progress of the program of cure; and
(e) Diligently prosecutes such cure to completion.
10.5 Termination Upon Default. Upon receiving a Default Notice, should the
Defaulting Party fail to timely cure any default, or fail to diligently pursue such cure as
prescribed above, the Nondefaulting Party may, in its discretion, provide the Defaulting
Party with a written notice of intent to terminate this Agreement and other Agreements
( "Termination Notice "). The Termination Notice shall state that the Nondefaulting Party will
elect to terminate this Agreement and will describe the evidence upon which the decision to
terminate is based. Once the Termination Notice has been issued, the Nondefaulting Party's
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election to terminate this Agreement will only be waived if the Defaulting Party fully and
completely cures all defaults prior to the date of termination.
10.6 Franchisee Hearing Opportunity Prior to Termination. If Franchisee is
the Defaulting Party, then the City's Termination Notice to Franchisee shall additionally
specify that Franchisee has the right to a hearing prior to the City's termination of any
Agreements ( "Termination Hearing "). The Termination Hearing shall be scheduled as an
open public hearing item at a regularly- scheduled City Council meeting within thirty (30)
days of the Termination Notice, subject to any legal requirements including but not limited to
the Ralph M. Brown Act, Government Code Sections 54950, et seq. At said Termination
Hearing, Franchisee shall have the right to present evidence to demonstrate that it is not in
default and to rebut any evidence presented in favor of termination. Based upon substantial
evidence presented at the Termination Hearing, the City Council may, by adopted resolution,
act as follow:
(a) Decide to terminate this Agreement; or
(b) Determine that Franchisee is innocent of a default and,
accordingly, dismiss the Termination Notice and any charges of default; or
(c) Impose conditions on a finding of default and a time for cure,
such that Franchisee's fulfillment of said conditions will waive or cure any default.
Findings of a default or a conditional default must be based upon substantial evidence
supporting the following two findings: (i) that a default in fact occurred and has continued to
exist without timely cure, and (ii) that such default has, or will, cause a material breach of
this Agreement and/or a substantial negative impact upon public health, safety and welfare,
the environment, the City or the financial terms established in this Agreement. The decision
of the City Council shall be final. Thereafter, Franchisee may appeal any decision, order or
action by the City Council under this Section 10.6, by filing a legal action.
10.7 Interest on Monetary Default. In the event Franchisee fails to perform any
monetary obligation under this Agreement, Franchisee shall pay interest thereon at the rate of
ten percent (10 %) per annum from and after the due date of said monetary obligation until
payment is actually received by City.
10.8 City's Right to Perform Service.
10.8.1 City Rights. In addition to any and all other legal or equitable
remedies, in the event that Franchisee, for any reason whatsoever, fails, refuses or is unable
to collect, transport or deliver to a Disposal Site, as appropriate, any or all Solid Waste or
Recyclables which it is required by this Agreement to collect and transport, at the time and in
the manner provided in this Agreement, for a period of more than seventy -two (72) hours,
and if, as a result thereof, Solid Waste should accumulate in the City to such an extent, in
such a manner, or for such a time that the Chief Executive Officer in his or her sole
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discretion should find that such accumulation endangers or menaces the public health, safety
or welfare, then the Chief Executive Officer shall have the right, but not the obligation,
without payment to Franchisee, to (i) cause to be performed, such services itself with its own
personnel or employ Franchisee's personnel, without liability to Franchisee; and/or (ii) to
take possession of any or all of Franchisee's equipment and other property used or useful in
the collection and transportation of Solid Waste and to use such property at the expense of
Franchisee to collect and transport any Solid Waste which Franchisee would otherwise be
obligated to collect and transport pursuant to this Agreement.
10.8.2 Franchisee and City Responsibilities. Franchisee further agrees that in
such event:
(a) It will fully cooperate with City to effect the transfer of
possession or property to the City for City's use;
(b) It will, if Chief Executive Officer so requests, and to the extent
feasible, keep in good repair and condition all of such 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;
(c) The City agrees to assume complete responsibility for the proper
and normal use of such equipment and facilities while in its possession; and
(d) Notice of Franchisee's failure, refusal or neglect to collect,
transport and properly dispose of or process solid waste may be given orally by telephone to
Franchisee and shall be effective immediately. Written confirmation of such oral notification
shall be sent to Franchisee within twenty -four (24) hours of the oral notification.
10.8.3 Franchise Waivers. Franchisee agrees that the City's exercise of its
rights under this Article 10:
(a) Does not constitute a taking of private property for which
compensation must be paid and is an exercise of the City's police power;
(b) Will not create any liability on the part of City to Franchisee,
including but not limited to, any right to compensation for use of Franchisee's equipment
unless Franchisee's failure to perform was caused by Force Majeure (in such a case, the City
shall pay to Franchisee the reasonable rental value of the equipment and property, possession
of which is taken by the City, for the period of the City's possession);
(c) Does not exempt Franchisee from the indemnity provisions of
Article 10, which are meant to extend to circumstances arising under this Section 10.8,
provided that Franchisee is not required to indemnify City against claims and damages
arising from the negligence of City, its officers, employees, agents, or volunteers acting
under this Section 10.8; and
01067/0001/141784.9 52
(d) Does not terminate this Agreement, unless termination occurs
under other provisions of this Agreement.
10.9 Duration of City's Possession. The City has no obligation to maintain
possession of Franchisee's property and/or continue its use in collecting and transporting
Solid Waste for any period of time and may, at any time, in its sole discretion, relinquish
possession to Franchisee. Should the City desire to retain possession of Franchisee's
property, the City's right to retain temporary possession, and to provide Solid Waste
collection services, shall continue until Franchisee can demonstrate to the Chief Executive
Officer's reasonable satisfaction that it is ready, willing and able to resume such services.
10.10 Forfeiture of Performance Bond. In the event Franchisee shall for any
reason become unable to, or fail in any way to, perform as required by this Agreement, the
City may declare that portion of the performance bond or other security established pursuant
to Section 12.3 which is necessary to recompense and make whole the City, forfeited to the
City. Upon partial forfeiture of the performance bond or other security, Franchisee shall
promptly take all steps necessary to restore the performance bond or other security to its face
amount.
10.11 City's Right to Lease Franchisee's Equipment Following Termination. If
the City terminates this Agreement for cause, the City shall have the right to lease
Franchisee's equipment from Franchisee at its fair market value for a period not to exceed six
(6) months in order to allow City to perform the services required under this Agreement.
10.12 Cooperation Following Termination. At the end of the Term or Franchise
Term or in the event this Agreement is terminated for cause prior to the end of the Term or
Franchise Term, Franchisee shall cooperate fully with City and any subsequent contractor to
assure a smooth transition of Solid Waste management services. Franchisee's cooperation
shall include, but not be limited to, Franchisee providing detailed route lists, billing and
service -level information and other operating records needed to service all premises covered
by this Agreement. Franchisee shall provide the new service provider with all keys, security
codes and remote controls used to access garages and Bin enclosures. Franchisee shall be
responsible for coordinating transfer immediately after Franchisee's final pickups, so as not
to disrupt service. Franchisee shall provide City with detailed route sheets containing service
names and addresses, invoice names and addresses, monthly rate and service levels (number
and size of Containers and pickup days) at least ninety (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.
10.13 Remedies for Nuisance Violations.
10.13.1 Liquidated Damages. The provision of poor public service or
the production of any nuisance condition will subject Franchisee to the following provisions.
01067/0001/1417849 53
10.13.2 Complaints. Public complaints (whether received by the City
regarding Franchisee' performance or received directly by Franchisee) will be handled as
prescribed in Sections 5.2.3 and 5.2.4 hereof.
10.13.3 Nuisance Conditions. Repeated, substantiated complaints of, or
continued conditions of, poor service quality and /or nuisance conditions that result in a
material breach of any term or condition of this Agreement may be handled in the manner
prescribed below. For purposes of this Section, the term "nuisance conditions" shall include,
but is not limited to, the following:
(a) Failure to duly collect Solid Waste and /or Recyclables that have
been properly set out for collection through the willful or negligent conduct of Franchisee
employees;
(b) Uncured damage to the property of third parties or customers
through the willful or negligent conduct of Franchisee employees.
(c) Legitimate complaints of rude or unprofessional behavior or
conduct by Franchisee's employees in the course of their duties;
(d) Failure to cooperate with the City's performance of service
surveys and route audits as required by Sections 5.2.6 and 5.2.7, hereof,
(e) Unreasonable leakage or spillage of Solid Waste or other
collected materials from Franchisee's vehicles;
(f) Failure to immediately or promptly collect Solid Waste or other
materials that spilled or fell from Franchisee's vehicles onto public streets or third -party
property;
(g) Poor maintenance of Franchisee's vehicles, containers and
equipment in violation of Sections 7.1 and 7.2 hereof;
(h) Violations of personnel standards and qualifications in
contravention of Section 7.3 hereof, and
(i) Any other failure to meet performance standards in such a
manner as to give rise to a condition of public nuisance or threat to public health and safety.
10.13.4 Notice of Violation. Initially, when the Chief Executive Officer
or a designated enforcement officer observes a material breach, a verbal warning shall be
given to Franchisee. If the violation is thereafter repeated and, in the opinion of the Chief
Executive Officer or designated enforcement officer, Franchisee has not taken timely,
effective action to correct the violation and prevent its repetition, then the Chief Executive
Officer or designated enforcement officer may issue a written notice of violation (the "Notice
of Violation ") describing the violation, the period in which Franchisee is required to cure the
01067/0001/141784.9 54
violation (if such violation is curable) and a warning that continued violations can be subject
to liquidated damages.
10.13.5 Franchisee's Right To Contest. Within five (5) business days
after receiving the Notice of Violation, Franchisee may submit a written response (the
"Response ") to the Notice of Violation to the Chief Executive Officer. The Chief Executive
Officer shall review Franchisee's Response and may further investigate the claimed violation.
The Chief Executive Officer shall make a final determination regarding the Notice of
Violation and the City Manager shall deliver to Franchisee a written conclusion concerning
the Notice of Violation. Additionally, at the election of either Party, the Parties may meet to
develop a written corrective action plan ( "Correction Plan ") to prevent further occurrence of
the problematic conditions established in the Notice of Violation. The Correction Plan shall
be finally prepared by the City (or, at the election of the City, by Franchisee) within ten (10)
business days after the meeting between the Chief Executive Officer (or designee) and
Franchisee. The Correction Plan may include additional procedures, as deemed necessary by
the Chief Executive Officer, to assure that in the future Franchisee will be able to perform its
services in compliance with this Agreement.
10.13.6 Liquidated Damages. If a second Notice of Violation is issued
for any violation after an initial verbal warning and thereafter the issuance of a written
Notice of Violation that is not withdrawn pursuant to Subsections 10. 13.4 or 1.0.1.3.5 above,
then liquidated damages may thereafter be assessed against Franchisee (as liquidated
damages and not a penalty) by the Chief Executive Officer in the amount of $250 for every
day the condition persists. Further, if the violation for which liquidated damages were
assessed recurs on three (3) or more days within a 60 -day period following any assessment of
liquidated damages, then starting on the fourth (4th) day that such violation either persists or
recurs the amount of liquidated damages shall increase to $500 per day.
10.13.7 Basis for Liquidated Damages. The Parties further recognize
that if Franchisee recurrently fails to prevent and remediate nuisance conditions that result in
a material breach of any term or condition of this Agreement, the City and its residents 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 and its citizens will suffer. Therefore, the
Parties agree the liquidated damages established herein represent a reasonable estimate of the
amount of such damages for such specific breach, considering all of the circumstances
existing on the 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. In placing their initials at the places provided, each
Party specifically confirms the accuracy of the statements made above and the fact that each
Party has had ample opportunity to consult with legal counsel and obtain an explanation of
these liquidated damage provisions prior to entering this Agreement.
Franchisee's Initials City Initials
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10.13.8 Further Remedies For Severe Or Persistent Violations. The
above provisions for a Correction Plan procedure and liquidated damages are intended to
give the Parties a remedy under this Agreement short of termination or default; however,
should Franchisee's violations be severe and repetitive or otherwise not reasonably subject to
correction through liquidated damages, the Chief Executive Officer may, in his sole
discretion, institute the procedures set forth in this Article hereof.
10.14 No Waiver of City's Police Powers or Legal Rights. Nothing in this
Agreement is intended to limit the power and ability of the City to initiate administrative
and/or judicial proceedings for the abatement of nuisance conditions or violations of any
applicable law. Nothing herein shall waive or limit any other legal rights or recourses the
City may have in response to Franchisee's repeated, material violations of Performance
Standards or failure to mitigate nuisance conditions.
10.15 Professional Misconduct.
10.15.1 Notice of Franchisee Employees Subject to Criminal Process. In
the event that any official, employee, or contractor for Franchisee is indicted by a grand
jury, named as a defendant in a felony complaint filed in any court in the United States, or is
otherwise alleged to have participated in any criminal activity directly or indirectly
associated with the perfonnance of Solid Waste handling services under this Agreement,
Franchisee or its successor -in- interest shall provide written notice thereof to the City within
fourteen (14) calendar days of such indictment, complaint or allegation. Such notice shall
contain a description of the indictment, complaint or allegation, as well as a copy of such
indictment or complaint or other matters of public record related thereto.
10.15.2 Removal From Assi i� Zment. In the event that any official,
employee, or contractor of Franchisee, who has any responsibility for any aspect of the
performance of Solid Waste handling services under this Agreement, is convicted, indicted
by a grand jury, or named as a defendant in a felony complaint, this person shall, upon
request of the City be immediately removed from any assignment whatsoever, directly
associated with the performance of Solid Waste handling services under this Agreement
during the pendency of trial and/or following conviction.
ARTICLE
11.1 Restrictions on Transfers. The City, in entering into this Agreement, has
placed a special value, faith and confidence in the experience, background, and expertise of
Franchisee in the field of waste disposal. Such faith and confidence being a substantial
consideration in the granting of this Agreement warrants the transfer restrictions provided in
this Article XI.
01067/0001/141784.9 56
11.2 Definition of Transfer. As used in this Section, the term "Transfer" shall
include any hypothecation, mortgage, pledge, or encumbrance of this Agreement by
Franchisee, subject to the exceptions set forth in Section 11.4 below. A Transfer shall also
include the transfer to any person or group of persons acting in concert of more than thirty
percent (30 %) of the present equity ownership and/or more than thirty percent (30 %) of the
voting control of Franchisee (jointly and severally referred to herein as the "Trigger
Percentages "), taking all transfers into account on a cumulative basis, except transfers of
such ownership or control interest to an affiliate owned or controlled by the present
beneficial owners of Franchisee or members of their immediate family, or between members
of the same immediate family, or transfers to a trust, testamentary or otherwise, in which the
beneficiaries are limited to members of the transferor's immediate family. A transfer of
interests (on a cumulative basis) in the equity ownership and /or voting control of Franchisee
in amounts less than Trigger Percentages shall not constitute a Transfer subject to the
restrictions set forth herein. In the event Franchisee or its successor is a corporation or trust,
such Transfer shall refer to the transfer of the issued and outstanding capital stock of
Franchisee, or of beneficial interests of such trust; in the event that Franchisee or any general
partner comprising Franchisee is a limited or general partnership or a limited liability
company, such Transfer shall refer to the transfer of more than the Trigger Percentages in the
limited or general partnership or limited liability company interest; in the event that
Franchisee or any general partner is a joint venture, such Transfer shall refer to the transfer
of more than the Trigger Percentages of such joint venture partner, taking all transfers into
account on a cumulative basis.
11.3 Transfers Require City Approval. Franchisee shall not Transfer this
Agreement or any of Franchisee's rights hereunder, directly or indirectly, voluntarily or by
operation of law, except as provided below, without the prior written approval of City, and if
so purported to be transferred, the same shall be null and void. Franchisee will submit its
request for City consent to the City together with documents, including but not limited to: (i)
the transferee's audited financial statements for at least the immediately preceding three (3)
operating years; (ii) proof that the proposed transferee has at least five (5) years of municipal
solid waste management experience on a scale equal to or exceeding the scale of operations
conducted by Franchisee under this Agreement; (iii) proof that in the last five (5) years, the
proposed transferee has not suffered any citations or other censure from any federal, state, or
local agency having jurisdiction over its waste management operations due to any significant
failure to comply with federal, state, or local waste management law and that the transferee
has provided the City with a complete list of such citations and censures; (iv) proof that the
proposed transferee has at all times conducted its operations in an environmentally safe and
conscientious fashion; (v) proof that the proposed transferee conducts its municipal solid
waste management practices in accordance with sound waste management practices in full
compliance with all federal, state, and local Laws regulating the collection and disposal of
waste, including hazardous waste; (v) proof that the transferee's officers or directors have no
criminal convictions for fraud, deceit, false claims or racketeering with respect to the
transferee's course of business; (vi) proof that the proposed transferee is of comparable
financial strength to Franchisee and has the required insurance and bonds, and (vii) any other
01067/0001/141784.9 57
information required by the City to ensure the proposed transferee can fulfill the terms of this
Agreement, including the payment of indemnities and damages and provision of bonds
and/or performance standards, in a timely, safe, and effective manner.
11.4 Exceptions. The requirement to obtain City approval for a Transfer shall not
apply to any of the following:
(a) Any mortgage, deed of trust, sale /lease -back, or other form of
conveyance for financing and any resulting foreclosure therefrom.
(b) A sale or transfer resulting from or in connection with a
reorganization as contemplated by the provisions of the Internal Revenue Code of 1986, as
amended or otherwise, in which the ownership interests of a corporation are assigned directly
or by operation of law to a person or persons, firm or corporation which acquires the control
of the voting capital stock of such corporation or all or substantially all of the assets of such
corporation.
(c) A sale or transfer to an affiliate of Franchisee owned or
controlled by the present beneficial owners of Franchisee or members of their immediate
family, or between members of the same immediate family, or transfers to a trust,
testamentary or otherwise, in which the beneficiaries are limited to members of the
transferor's immediate family.
11.5 Assumption of Obligations. No attempted Transfer of any of Franchisee's
obligations hereunder shall be effective unless and until the successor party executes and
delivers to City an assumption agreement in a form approved by the City assuming such
obligations. Following any such assignment or Transfer of any of the rights and interests of
Franchisee under this Agreement, the exercise, use and enjoyment shall continue to be
subject to the terms of this Agreement to the same extent as if the assignee or transferee were
Franchisee.
11.6 Release of Franchisee. City's consent to a Transfer shall not be deemed to
release Franchisee of liability for performance under this Agreement unless such release is
specific and in writing executed by City, which release shall not be unreasonably withheld.
Upon the written consent of City to the complete assignment of this Agreement and the
express written assumption of the assigned obligations of Franchisee under this Agreement
by the assignee, Franchisee shall be relieved of its legal duty from the assigned obligations
under this Agreement, except to the extent Franchisee is in default under the terms of this
Agreement prior to said Transfer.
11.7 Franchisee to Pay Transfer Costs. Franchisee will pay City its reasonable
expenses for attorneys' fees and investigation costs necessary to investigate the suitability of
any proposed transferee or assignee, and to review and finalize any documentation required
as a condition for approving any such Transfer.
01067/0001/141784.9 58
11.8 Subcontracting. This Agreement, or any portion thereof, shall not be
subcontracted except with the prior written consent of the City, which consent shall not be
unreasonably withheld. No such consent shall be construed as making the City a Parry to
such subcontract, or subject the City to liability of any kind to any subcontractor. Franchisee
shall submit all subcontracts for review and approval by the City and any permitted
subcontract shall terminate on or before the termination of this Agreement. All
subcontractors shall be licensed as required under State, Federal and local laws and
regulations to perform their subcontracted work and obtain and maintain a City business
license if required. Franchisee shall remain otherwise liable for the full and complete
performance of its obligations hereunder. City acknowledges and approves of Franchisee's
use of a subcontractor to haul transfer rigs to the landfill, subject to City's approval of such
subcontractors, which will not be unreasonably withheld.
11.9 Heirs and Successors. The terms, covenants and conditions of this
Agreement shall apply to and shall bind the heirs, successors, executors, administrators and
assigns of Franchisee and City.
12.1 Insurance. Franchisee shall procure and maintain, at its sole cost and
expense, in a form and content satisfactory to City, during the entire term of this Agreement
including any extension thereof, the policies of insurance contained in Exhibit D hereto.
12.2 Indemnification.
12.2.1 General Liability. Without regard to the limits of any insurance
coverage, Franchisee shall indemnify, defend, and save harmless the City, its officers, agents
and employees (the "Indemnitees "), for and from any and all loss, liability, claim, demand,
action or suit, of any and every kind and description, arising or resulting from or in any way
connected with any operations of Franchisee in performing the obligations required by this
Agreement, or arising or resulting from the failure of Franchisee to comply in all respects
with the provisions and requirements of this Agreement, or arising or resulting from the
failure of Franchisee to comply with applicable law, whether or not there is concurrent
passive or active negligence, on the part of the City, its representatives, officers, agents or
employees but excluding such claims or liabilities arising from the sole negligence or willful
misconduct of the City, its representatives, officers, agents or employees, who are directly
responsible to the City. Subject to the scope of this indemnification and upon demand of any
of the Indemnitees, Franchisee shall appear in and defend the Indemnitees in any claims or
actions, whether judicial, administrative or otherwise arising out of the above and shall pay
all costs and expenses, including legal costs and attorneys' fees incurred in connection
therewith. Franchisee will promptly pay any judgment rendered against the City, its officers,
agents or employees for any such claims or liabilities and agrees to save and hold the City, its
officers, agents and employees harmless therefrom.
01067/0001/141784.9 59
12.2.2 CERCLA/IHazardous Waste Liability.
(a) Without regard to the limits of any insurance coverage, Franchisee shall
indemnify, defend and hold harmless the Indemnitees for all claims, actual damages, natural
resources damages, injuries, costs, response, remediation and removal costs, losses,
liabilities, cause of action, interest and expenses (including but not limited to reasonable
attorneys' and experts' fees) of any kind whatsoever paid, incurred, or suffered by or against
the Indemnitees arising from or attributable to any repair, clean up, removal action or
response action undertaken pursuant to the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (CERCLA), the California
Health and Safety Code ( "H &S Code "), HSAA, RCRA, any other Hazardous Waste laws or
other similar federal, state or local law or regulations, with respect to Franchisee's collection,
handling, or transportation of Solid Waste collected by Franchisee from Accounts pursuant
to this Agreement. The indemnity contained in this Section 13.2.2 is intended to operate as
an agreement of Franchisee pursuant to Section 107(e) of CERCLA and the H &S Code
Section 25364 to defend, protect, hold harmless and indemnify the Indemnitees. Subject to
the scope of this indemnification and upon demand of any of the Indemnitees, Franchisee
shall appear in and defend the Indemnitees in any claims or actions, whether judicial,
administrative or otherwise arising out of the above, and shall pay all costs and expenses,
including legal costs and attorneys' fees incurred in connection therewith. Franchisee will
promptly pay any judgment rendered against the City, its officers, agents or employees for
any such claims or liabilities and agrees to save and hold the City, its officers, agents and
employees harmless therefrom.
(b) The foregoing indemnity shall not apply to the extent any claims arise
or result from the sole negligence, willful misconduct, or violation of applicable law by any
Indemnitee.
12.2.3 Survives Termination. Franchisee's obligations under Section
12.2 shall survive the termination or expiration of this Agreement.
12.3 Faithful Performance Security. Within ten (10) business days of the
Effective Date, Franchisee shall deliver to City a bond for Seven Hundred Thousand Dollars
($700,000), which shall secure 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 Chief Executive Officer. The
performance bond shall be executed by a surety company licensed to do business in the State
of California, having an A: VII or better rating, and approved by the City; and included on
the list of surety companies approved by the Treasurer of the United States. 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 or her power of attorney. The bond shall
be unconditional and remain in force during the entire Term, which may be accomplished
through annual renewals. In the event Franchisee 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
01067/0001/141784.9 60
the performance bond or letter of credit forfeited to the City. Upon partial or full forfeiture
of the performance bond or letter of credit, Franchisee shall restore the performance bond or
letter of credit to its face amount within thirty (30) days of the City's declaration. Failure to
restore the performance bond or letter of credit to its full amount within thirty (30) days shall
be a material breach of this Agreement.
12.4 AB 939 Guarantee and Indemnification. Franchisee shall carry out its
obligations under this Agreement so the City will meet or exceed the diversion requirements
set forth in AB 939, and all amendments thereto more fully set forth below. City and
Franchisee shall reasonably assist each other to meet the City's AB 939 diversion
requirements. In carrying out the provisions of this Section, Franchisee agrees to perform the
following obligations at its cost and expense:
(a) Defend, with counsel approved by City, indemnify and hold
harmless the City against all fines and/or penalties imposed by the Board, if Franchisee fails
or refuses to provide information relating to its operations which is required under this
Agreement and such failure or refusal prevents or delays City from submitting reports
required by AB 939 in a timely manner;
(b) Assist City in preparing for, and participating in, the Board's
biannual review of the City's source reduction and recycling element pursuant to Public
Resources Code Section 41825;
(c) Assist City in responding to inquiries from the Board in
applying for an extension under Public Resources Code Section 41820, if so directed by
City; in conducting any hearing conducted by the Board relating to AB 939; or in any other
investigative or enforcement manner undertaken by any agency;
(d) Defend, with counsel acceptable to City, and indemnify and
hold harmless the City against any fines or penalties levied against it for violation of AB
939's diversion requirements, provided that Franchisee's obligation to indemnify City shall
be subject to the limitations set forth in Public Resources Code Section 40059.1(c) as may be
amended from time to time;
(e) In cooperating with the City, should it seek to become its own
enforcement agency, to the extent it may be permitted under state law.
12.5 Road Surface Damage. Franchisee shall be responsible for any extraordinary
damage to driving surfaces in the City, whether or not paved, resulting from and directly
attributable to the illegally excessive weight of vehicles providing Solid Waste collection or
the improper placement and removal of Containers on public or private property, but shall
not be responsible for normal wear and tear.
01067/0001/141784.9 61
ARTICLE XIII
GENERAL PROVISIONS.
13.1 Force Majeure. The time period(s) specified for performance of the
provisions of this Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Franchisee, including, but
not restricted to, acts of God or of the public enemy, unusually severe weather, fires,
earthquakes, floods, epidemics and quarantine restrictions (or threat of same), riots, strikes,
lockouts or labor unrest, freight embargoes, wars, litigation, and /or acts of any governmental
agency, including the City if Franchisee promptly notifies the Chief Executive Officer when
it learns of the existence of such cause and within ten (10) days notifies the Chief Executive
Officer in writing of the causes of the delay; no extension of time for performance shall be
granted, however, by reason of the unavailability of any Disposal Site by reason of strikes,
lockouts, or other labor disturbances, or breakage or accidents to vehicles, equipment,
machinery or plants. The Chief Executive Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay
when and if in the judgment of the Chief Executive Officer such delay is justified. In no
event shall Franchisee be entitled to recover damages against the City for any delay in the
performance of this Agreement, however caused, Franchisee's sole remedy being extension
of the Agreement pursuant to this Section 1.3.1.
13.2 Notices. All notices, demands, requests, approvals, disapprovals,
proposals, consents, or other communications whatsoever which this Agreement
contemplates or authorizes, or requires or permits either Party to give to the other, shall be in
writing and shall be personally delivered, sent by registered or certified mail, postage
prepaid, return receipt requested, addressed to the respective Party as follows:
If to Franchisee: District Manager
Waste Management of San Gabriel/Pomona Valley
13940 East Live Oak Avenue
Baldwin Park, CA 91706
Copy to: Waste Management—Southern California Market Area
9081 Tujunga Avenue
Sun Valley, CA 91352
Attn: Legal Counsel
Chief Executive Officer
If to City: City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA 91706
01 067/0001/141784.9 62
With copy to: Aleshire & Wynder, LLP
2361 Rosecrans Ave., Suite 475
El Segundo, CA 90245
Attention: Joseph Pannone, City Attorney
or to such other address as either Party may from time to time designate by notice to the
other given in accordance with this Section 13.2. Notice shall be deemed effective on the
date personally served or by facsimile or, if mailed, three (3) days from the date such notice
is deposited in the United States mail.
13.3 Non - discrimination. Franchisee covenants that, by and for itself, its heirs,
executors, assigns and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, sexual orientation, or ancestry in the
performance of this Agreement. Franchisee shall take affirmative action to ensure that
applicants are employed and that employees are treated during employment without regard to
their race, color, creed, religion, sex, marital status, sexual orientation, national origin or
ancestry.
13.4 Compliance with Immigration Laws. Franchisee agrees that, in the
performance of this Agreement, it will comply with all applicable immigration laws and
regulations.
13.5 No Liability of City Officials. No officer, employee or agent of the City shall
be personally liable to Franchisee, or any successor in interest, in the event of any default or
breach by the City or for any amount that may become due to Franchisee or to its successor,
or for breach of any obligation of the terms of this Agreement.
13.6 Laws and Regulations. Franchisee shall observe all the terms of any City
ordinance or resolution now in effect, or as the same maybe subsequently adopted or
amended by the City, governing or affecting the collection, removal and disposal of
Municipal Solid Waste in the City. Franchisee further agrees to comply with all applicable
county, state or federal Laws or regulations as they exist now or may subsequently be adopted
or amended, governing the collection, removal and disposal of Municipal Solid Waste.
Franchisee further agrees to comply with all applicable state and federal laws governing
employment, wages, working conditions, use of materials, equipment, supplies and the like.
The City shall comply with all applicable laws and regulations promulgated by federal, state,
regional, or local administrative and regulatory agencies, that are now in force and as they
may be enacted or amended during the term of this Agreement in performing its obligations
under this Agreement.
13.7 Proprietary Information: Public Records. The City acknowledges that a
number of the records and reports of Franchisee are proprietary and confidential. Franchisee
is obligated to permit City inspection of certain of its records, as provided herein, on demand
01067/0001/141784.9 63
and to provide copies to City where requested. City will endeavor to maintain the
confidentiality of all proprietary information provided by Franchisee and shall not
voluntarily disclose such proprietary information. Notwithstanding the foregoing, any
documents provided by Franchisee to City that are public records may be disclosed pursuant
to a proper public records request. City shall notify Franchisee of any such request affecting
Franchisee's records or reports at least five (5) business days prior to their release, to enable
Franchisee to seek a protective order or otherwise prevent disclosure; provided, however,
that City's failure to provide such notice shall not be a breach of this Agreement.
13.8 Privacy. Franchisee shall strictly observe and protect the rights of privacy of
customers. Information identifying individual customers or the composition or contents of a
customer's waste stream shall not be revealed to any person, governmental unit, private
agency, or company, unless upon the authority of a court of law, by statute, or upon valid
authorization of the customer. This provision shall not be construed to preclude Franchisee
from preparing, participating in, or assisting in the preparation of waste characterization
studies or waste stream analyses which may be required. by the Act. In addition, Franchisee
shall not market, sell, convey, or donate to any person any list with the name or address of
customers except that Franchisee may provide such lists to authorized employees and
authorized representatives of the City as necessary to comply with this Agreement. The
rights accorded customers pursuant to this Section shall be in addition to any other privacy
right accorded customers pursuant to Federal or State Law.
13.9 Waiver of Future Claims. No delay or omission in the exercise of any right
or remedy by a Non - Defaulting Party on any default shall impair such right or remedy or be
construed as a waiver. A Party's consent to or approval of any act by the other party requiring
the parry's consent or approval shall not be deemed to waive or render unnecessary the other
party's consent to or approval of any subsequent act. Any waiver by either Party of any
default must be in writing and shall not be a waiver of any other default concerning the same
or any other provision of this Agreement.
13.10 Parties in Interest. Nothing in this Agreement, whether express or implied, is
intended to confer any rights on any persons other than the parties to this Agreement and
their representatives, successors, and permitted assigns.
13.11 Conflict of Interest. No officer or employee of the City shall have any
financial interest, direct or indirect, in this Agreement nor shall any such officer or employee
participate in any decision relating to the Agreement which affects his financial interest or
the financial interest of any corporation, partnership or association in which he is, directly or
indirectly, interested, in violation of any State statute or regulation. Franchisee warrants that
it has not paid or given and will not pay or give any officer, employee or agent of the City
any money or other consideration for obtaining this Agreement.
13.12 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either Party
by reason of the authorship of this Agreement or any other rule of construction which might
010671000111417849 64
otherwise apply.
13.13 Integration: Amendment. It is understood that there are no oral agreements
between the Parties hereto affecting this Agreement and this Agreement supersedes and
cancels any and all previous negotiations, arrangements, agreements and understandings, if
any, between the Parties, and none shall be used to interpret this Agreement. This
Agreement, including the exhibits, constitutes the entire agreement between the parties with
respect to the matters covered. This Agreement may only be amended at any time by the
mutual consent of the Parties by an instrument in writing. This Agreement is intended, in
part, to carry out City's obligation to comply with the provisions of AB 939 and regulations
promulgated thereunder, as amended from time to time. In the event that AB 939 or other
state or federal laws or regulations enacted after this Agreement prevent or preclude
compliance with one or more provisions of this Agreement, such provisions of this
Agreement shall be modified or suspended as may be necessary to comply with such state or
federal laws or regulations. No other amendment of this Agreement shall be valid unless in
writing duly executed by the Parties.
13.14 Section Headings. The section headings in this Agreement are for the
convenience of reference only and are not intended to be used in construing this Agreement,
nor are they intended to alter or affect any of its provisions.
13.1.5 References to Laws. All references in this Agreement to laws will be
understood to include existing laws as they may be subsequently amended or recodified,
unless otherwise specifically provided.
13.16 Severability. In the event that part of this Agreement shall be declared invalid
or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such
invalidity or unenforceability shall not affect any of the remaining portions of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the
intent of the Parties hereunder unless the invalid provision is so material that its invalidity
deprives either Party of the basic benefit of their bargain or renders this Agreement
meaningless.
13.17 Attorneys' Fees. If either Party to this Agreement is required to initiate or
defend or is 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 attorneys,
fees and expert witness fees.
13.18 No Joint Venture. Neither the City nor any of its employees shall have any
control over the manner, mode or means by which Franchisee, its agents or employees,
perform the services required herein, except as otherwise set forth. Franchisee shall perform
all services required herein independent from the City and shall remain at all times as to City
a wholly independent entity with only such obligations as are consistent with that role.
Franchisee shall not at any time or in any manner represent that it or any of its agents or
employees are agents or employees of City. City shall not in any way or for any purpose
01067/0001/141784.9 65
become or be deemed to be a partner of Franchisee in its business or otherwise or a joint
venturer or a member of any joint enterprise with Franchisee. Neither Franchisee nor its
officers, employees, subsidiaries, subcontractors, affiliates and agents will obtain any rights
to retirement benefits, workers' compensation benefits, or any other benefits that accrue to
City employees by virtue of their employment with the City.
13.19 Rights and Remedies are Cumulative. Except with respect to rights and
remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the
parties are cumulative, and the exercise by either Party of one or more of such rights or
remedies shall not preclude the exercise by it, at the same or different times, of any other
rights or remedies for the same default or any other default by the other Party.
13.20 Governin1l Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
13.21 Jurisdiction and Venue. The parties hereto agree that the State of California
is the proper jurisdiction for litigation of any matters relating to this Agreement. The Parties
further agree Los Angeles County, California is the proper place for venue as to any such
litigation arising out of the Agreement and Franchisee agrees to submit to the personal .
jurisdiction of such court in the event of such litigation.
13.22 Legal Action. In addition to any other rights or remedies, either Party may
take legal action, in law or in equity, to cure, correct or remedy any default, to recover
damages for any default, to compel specific performance of this Agreement, to obtain
declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of
this Agreement.
/ (intentionally left blank)
01067/0001/141784.9 66
IN WITNESS WHEREOF, the Parties hereto do hereby set their hands and seals as of
the day and the year first written above.
Manuel Lozano, Mayor
ATTEST:
Alejandra Avila, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
W. Pannone, City A
01067/0001/141784.9 67
FRANCHISEE
Waste Management Collection & Recycling,
Inc., a California Corporation
By: _
Name:
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LOCATION
City Hall
14403 E. Pacific
Police Station
14403 E. Pacific
City Yard
13155 Garvey Avenue
Senior Center
4100 Baldwin Park Blvd
Family Service Center
41.15 Laurens Avenue
Community Center
4100 Baldwin Park Blvd.
._•_-
Hilda Solis Park
Teri G Muse Teen Center
Olive & Center Transfer
Station (4769 Center)
Walnut Creek Nature Park
Big Dalton Transfer Station
Bus Shelter Trash Cans
Ramona Shopping Center
MetroLink, Pacific & Bogart
01067/0001/141784.9
CITY FACILITIES
SERYICE(S)
1 -3 yd trash 3x a week
1 -3 yd recycle 3x a week
1 -3 yd trash on -call
1 — 3 yd trash 3x a week
1 -3 yd recycle 3x a week
2 -3 yd trash 3 x a week
1 -3 yd trash 3 x a week
4 -3 yd trash 3x a week
1 -3 yd recycle 3 x a week
1 -3 yd trash 3x a week
1 -3yd recycle 3x a week
1- 3 yd trash 3x a week
1 -3 yd trash 3x a week
2 -40 yd on -call
1- low boy on- call
1 -3 yd trash 3x week
1 -40 yd roll off (Green Waste) on -call
92 containers at bus stops picked up and
emptied every Friday
15 containers emptied by hand and the liners
provided and replaced three times a week
14 containers emptied by hand and the liners
provided and replaced three times a week
The percent change in the current 12 -month average index over prior 12 -month average index of
the Garbage and Trash Collection CPI -U, US City Average, not seasonally adjusted,
CUUROOOOSEHG02.
Current Average = (Sum of the indices for the 12- months ending the current March) / 12
Prior Average = (Sum of the indices for the 12- months ending the prior March) / 12
((Current Average — Prior Average) / Prior Average) X 100 = Percentage Change%
Current Net Rate + (Current Net Rate X Percentage Change) = New Net Rate
Residential Rates: New Net Rate + AB939 = New Gross Rate
Commercial and RO Rates: New Net Rate + (New Net Rate X 3 %) = New Gross Rate
01067/0001/141784.9 2
1
., .r.i
Franchisee shall carry the following types and levels of insurance:
1. Comprehensive General Liability Insurance. Throughout the Term of this
Agreement, Franchisee shall keep or cause to be kept in full force and effect, for the mutual
benefit of City and Franchisee, comprehensive broad form general public liability insurance
against claims and liability for personal injury, death or property damage arising from
Franchisee's operations hereunder, said liability insurance shall be a minimum of Five
Million Dollars ($5,000,000). Such insurance shall be carried only in responsible insurance
companies licensed to do business in the State of California. Franchisee shall pay all
premiums therefor, without contribution by the City. All such policies shall contain
language that:
(i) the insurer waives the right of subrogation against City and against City's
elected officials, officers, employees, agents, and representatives for losses which
arise from work performed by Franchisee for the City under this Agreement;
(ii) the insurance shall act for each insured, as though a separate policy had
been written for each. This, however, shall not act to increase the limit of liability of
the insuring company;
(iii) the policies are primary and non - contributing with any insurance that may
be carried by City; and
(iv) they cannot be canceled or materially changed except upon thirty (30)
days prior written notice (ten (10) days in the event of cancellation for nonpayment)
by the insurer to City. In the event of any such cancellation or material change in
such policy of insurance, then Franchisee shall provide the City another certificate of
insurance carrier that the insurance required herein is in full force and effect.
Insurance carrier shall furnish to the City by direct mail with certificates of insurance
showing that such insurance is in full force and effect, and City is named as additional
insured with respect to this Agreement and the obligations of Franchisee hereunder.
Franchisee agrees to furnish City copies of all certificates and endorsements
evidencing the insurance. Franchisee further agrees all such policies shall name City, its
elected officials, officers, agents and employees as additional insureds. Franchisee may
effect for its own account insurance not required under this Agreement.
The limits of the insurance coverage shall be subject to review by the Chief Executive
Officer every year and may be modified at that time by the City upon a demonstration of
reasonable need, as a change in service in accordance with Section 5.1.2(b).
1
01067/0001/141784.9
2. Workers' Compensation Insurance. Franchisee shall, at Franchisee's sole cost
and expense, maintain a policy of workers' compensation insurance in such amount as will
fully comply with the laws of the State of California and which shall indemnify, insure and
provide legal defense for both Franchisee and the City against any loss, claim or damage
arising from any injuries or occupational diseases occurring to any worker employed by or
any persons retained by Franchisee in the course of carrying out the work or services
contemplated in this Agreement. Endorsements that implement the required coverage shall
be filed and maintained with the City. The policy providing coverage shall be amended to
provide that the insurance shall not be canceled, except after thirty (30) days prior written
notice (ten (10) days in the event of cancellation for non - payment) by certified mail, return
receipt requested, has been given to City. The policy shall also be amended to waive all
rights of subrogation against the City, its elected or appointed officials, employees, or agents
for losses which arise from work performed by Franchisee for the City under this Agreement.
3. Automotive Insurance. A policy of comprehensive automobile liability
insurance written on a per occurrence basis in an amount not less than either (i) bodily injury
liability limits of One Million Dollars ($1,000,000.00) per person and Two Million Dollars
($2,000,000.00) per occurrence and property damage liability limits of One Million Dollars
($1,000,000.00) per occurrence and $2,000,000.00 in the aggregate or (ii) combined single
limit liability of Two Million Dollars ($2,000,000.00). The policy shall include coverage for
owned, non - owned, leased and hired cars.
4. Umbrella Insurance. Umbrella coverage to bring total aggregate insurance
coverage for all underlying insurance coverage to Twenty Million Dollars ($20,000,000.00).
5. No Limitation. Franchisee agrees that the provisions of Article 12 and this
Exhibit D shall not be construed as limiting in any way the extent to which Franchisee may
be held responsible for the payment of damages to any persons or property resulting from
Franchisee's activities or the activities of any person or persons for which Franchisee is
otherwise responsible.
6. Ratin . The insurance policies required by this Agreement shall be
satisfactory only if issued by companies qualified to do business in California rated AVII or
better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the
Federal Register, and only if they are of a financial category Class IV or better, unless such
requirements are waived by the Risk Manager of the City.
7. Primary Insurance. The insurance policies shall be considered primary
insurance as respects any other valid and collectible insurance the City may possess
including any self - insured retention the City may have, and any other insurance the City does
possess shall be considered excess insurance and shall not contribute with it. The insurance
policies shall act for each insured, as though a separate policy had been written for each.
This, however, will not act to increase the limit of liability of the insuring company.
2
01067/0001/141784.9
8. Changes in Market. In the event the Chief Executive Officer determines that
(i) the market conditions creates an increased or decreased risk of loss to City, (ii) greater
insurance coverage is required due to the passage of time or (iii) changes in the insurance
industry require different coverages be obtained, Franchisee agrees that the minimum limits
of any insurance policy required to be obtained by Franchisee may be changed accordingly
upon receipt of written notice from the Risk Chief Executive Officer.
3
01067/0001/141784.9
■
Im
167-NA4
MITI
CITY OF BALDWIN PARK STAFJ§F?§?PR
Marc Castagnola, AICP, Community Development Mana
Amy L. Harbin, AICP, City PIannqA4_
61 41 • �' i
SUBJECT: CONTINUED FROM AUGUST 21, 2013. Review of Planning
Commission applicants and consideration of appointments and/or
reappointments to fill the June 2012 and June 2013 scheduled
vacancies.
This report requests that the City Council appoint a new applicant to Planning
Commission Office #3 which expired on June 30, 2012 and reappoint incumbent
Commissioners or new applicants to those terms which expired on June 30, 2013.
Although the Council filled two of the three vacant positions on the Planning
Commission at the June 19, 2013 Council meeting, Mayor Lozano requested that this
item be brought back to a future meeting as well for future Commissioner consideration.
The following Planning Commission terms expired on June 30, 2013:
Office #1 David L. Muse
Office #2 George Silva
Ralph Galvan originally occupied served in Office #1, which expired on June 30, 20121
however, he did not request to be reappointed as he was relocating out of the City.
A
A notice inviting Planning Commission applications was published in the Baldwin Park
NOW, posted on the City's website and posted at City Hall. Staff has been accepting
applications on an on-going basis and encouraging any interested applicant to apply.
The table on the next page identifies both incumbent Planning Commissioners and new
Planning Commission applicants.
Planning Commission Application Consideration
September 4, 2013
Page 2
TABLE #1
INCUMBENT AND NEW PLANNING COMMISSION APPLICANTS
Staff recommends City Council to review the submitted Commission application(s), take
nominations and adopt Resolution No. 2013-028 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO
THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICES
NUMBERS 1, 2, AND 3."
#1, Resolution 2013-028
#2, Planning Commission Application(s) and Absence Report
CAAmy\AMY\W0RD\Reparts\Counci1 Reports\PC Appointments September 2013.doc
NEW APPIL]CAN
David L. Muse
Gustavo Huizar
Edwin 8orques________
Staff recommends City Council to review the submitted Commission application(s), take
nominations and adopt Resolution No. 2013-028 entitled "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF BALDWIN PARK APPOINTING INDIVIDUALS TO
THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK TO OFFICES
NUMBERS 1, 2, AND 3."
#1, Resolution 2013-028
#2, Planning Commission Application(s) and Absence Report
CAAmy\AMY\W0RD\Reparts\Counci1 Reports\PC Appointments September 2013.doc
._
�. r , ,;
# � �i i . �,
1 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPOINTING INDIVIDUALS TO THE
PLANNING COMMISSION OF THE CITY OF BALDWIN
PARK TO OFFICE NUMBERS 1, 2, AND 3.
WHEREAS, the Planning Commission consists of five (5) members and members
are appointed to a two-year term on a staggered basis, and
WHEREAS, Planning Commissioner Ralph Galvan, whose term of office expired
on June 30, 2012 submitted his resignation from the Planning Commission on June 26,
2013; and
WHEREAS, Planning Commission offices 1 and 2 expired on June 30, 2013; and
WHEREAS, Notices of Vacancy posted on the marquees at Morgan Park, posted
on the City's website and also included in the Baldwin Park NOW Spring and Summer
2013 editions. However staff has been accepting applications on an on-going basis;
and
WHEREAS, the City Council desires to fill the scheduled vacancy of Office
Number 3 and the expired terms of Office Numbers 1 and 2; and
WHEREAS, in accordance with Baldwin Park Municipal Code Section 32.67,
appointments to Office Number 1, 2, and 3 are made and entered onto this resolution for
a terms expiring in accordance to the respective term for each office.
R ill C I L OF TAE CITY OF BALDWIN PARK
HEREBY RESOLVES AS FOLLOWS:
Section 1. On September, 2013, the following named persons were appointed
as members of Office Number 1, 2, and 3 and such appointees shall hold office at the
pleasure of the City Council and serve for the term as follows:
OFFICE NUMBER
COMMISSIONER
TERM ENDING
1
June 30, 2015
2
June 30, 2015
3
June 30, 2014
4
Natalie Ybarra
June 30, 2014
5
Edith Flores
June 30, 2014
Section 2. That the City Clerk shall certify to the adoption of this Resolution and
forward a copy to this resolution to all appointees and to the Planning Commission
Secretary.
Resolution No. 2013-028
Page 2
PASSED, APPROVED and ADOPTED this 4th day of September 2013.
MANUELLOZANO
MAYOR
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing resolution was duly and regularly approved and adopted by the City
Council of the City of Baldwin Park at a regular meeting of the City Council held on
September 4, 2013 by the following vote:
ABSENT- COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
a A A
�A'
W I
hip. ►� , *�
PLEASE ATTACH A
CURRENT COPY OF CITY OF BALD WIN PAR
A UTILITY SILL AND APPLICATION FOR CITY COMMISSION
A COPY OF YOUR And JUN 21, 7 20, 'i3
PHOTO ID STATEMENT OF Q !ONS
APPLICATION IS FOR THE FOLLOWING COMMISSION:
(A separate appiicatfan is required for each commission)
PERSONAL INFORMATION:
Name oay 6�
Residence Address
Length of time at this Address: E -mail address:_.�li
Home Phone No. woo 10 _Iq Cell/fAessage Phone No, 6)r 1-7 -7
Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Pak__ �__,�
Do you currently serve as an elected or appointed official for any board andlor agency within the City of Baldwin Pak
If yes, name of agency and position:c
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 High School Graduate? G.ED.?
(9 - 7—
Name and Location of Colleoe or University
Course of Study
De ree
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{ ,�
S t 1., e-) l lvi't to (� —h
EMPLOYMENT INFORMATION f EXPERIENCE:
Name and Address of Em to er(s )
Position Title
Dates of Employment
ce
Din vylc�
Cl 65
REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character_
Named _ _
may,_ _ Address _
_ Phone No,
A<
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? Ill D
If yes, Please list all offenses, date and place of offense(s), and sentence /fine received:
ACKNOWLEDGEMENT /CERTIFICATION:
1 understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
iktrue and correct
�c }
Date Signature
pdbZ Mitt BelOVr this Ltrie - For ]C 4.0
L Residency verification: _ ❑ _Yes_ ❑ No Date: _ __ _ _ _ ___. Voter_Re- -istration Verification:_ ❑ Yes ❑ No----
Residency verification: ❑ Yes ❑ No Date: Appointment date:
Residency verification: ❑ Yes ❑ No Date: Term expires:
Name �Cwfj
Commission Requested: i i/i V" i
STATEMENT OF QUALIRCATIONS:
Use this space to fist your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information You feel will be
beneficial to the Council in consideration of your appointment to this commission.
1n cAC b-cev-i koncveo� � lqavc
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Date.. T-0
Signature
Notice: Please be advised that you and your qualifications may be discussed by the CO Council at an open
meeting,
This Application and Statement of Qualification will be kept on ifl7e for two (2) years. During this time,should a
vacancy occur in the commission for which you have requested oonsideratio-n-of appointment, your application
will be included in the Poo/ of applicants provided howeverr, that you submit current Proof of residency at the time
of said recruitment Failure to provide current proof of residency with each recruitment will invalidate this
application,
RECEIVTO
PLEASE ATTACH A CITY OF BALD IN PARK
CURRENT COPY OF I i
A UTILITY BILL AND APPLICATION FOR CITY COMMISSION
A COPY OF YOUR And
PHOTO ID STATEMENT OF QUALIFICATIONS CITY Cr 3A)1i " D4,�K
(IF, Y r FRK'S DEP,4PTMENT
APPLICATION IS FOR THE FOLLOWING COMMISSION:
(A separate application is required for each commission)
PERSONAL INFORMATION:
EDWIN Bok(�OFS
Residence Address l 3 /5 (Yl EkC-ED AV f JU� 0 I-A. Ril_76(o
Length of time at this Address: Z-)O \It— E-mail address: r o A m Al l J A 4-L, 6 Co ij) �
Home Phone No.— � '-)'/0 o Cell/Message Phone No,
Are you 18 years of age or older? YES Are you registered to vote in the City of Baldwin Park?
Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park?
If yes, name of agency and position:
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 V2 High School Graduate? VC5 G.E-D-?
N0
T (.,o (lYrrAvq 1 1"54
LA CA. q66 1?,q
EMPLOYMENT INFORMATION I EXPERIENCE:
Name and A00reSS OT LMP*Ver(S
Position i itie
Uates of Employment
in"7ova-r)ve 'qy-t IS
W)�) +n w vex L
-h)
ac)q C
In - -731- 563q
A�2C�Z
REFERENCES: Please Provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
Name
Address
Phone No.
'
�)raA V1 ,n
W)�) +n w vex L
- a00 - 537Y
ac)q C
In - -731- 563q
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment- Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
ACKNOWLEDGEMENTICER11FICATION:
I understand that upon filing, this application becomes a public record. I certify
under Penalty of perjury Lu;r3er the 1pv,,s of the of California that the foregoing
is true and correct. fj
G
Date Signature
Do Not Write Below this Line - For City Use OnlIv
Residency verifica-fion- ❑ Yes__ ❑ No_ Date: Voter Registration Verification : --❑- Yes__- ❑ No
Residency veri5cation. ❑ Yes ❑ No Date:
verification: ED Yes ❑ No Date:
Appointment date:
Term expires:
Name Commission Requested: 7
STATEMENT OF QUALIFICATIONS:
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
bene racial to the Council in consideration of your appointment to this commission.
A-s a li-t'c JO)')q rf5ld-C'V? r6a1o� Ijj'
? Pat am cis
Tseruled lqs � P�Man ervlc'--�S
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all as an T �
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7-c) )�elp kE
Date, In cl�r Ver- C-144'51j-)q L5Y
'§Tig afore
Notice: Pic-ase be advised that you and your qualifications may be discussed the City Co ncil 1t an p n
meeting.
This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a
vacancy occur in the commission-for which- you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this
application.
PLEASE ATTACH A RECEIVED
CITY OF BALDWIN PARK
CURRENT COPY OF
A UTILITY BILL AND APPLICATION FOR CITY COMMISSION MA PR 3 0 2013
A COPY OF YOUR And
PHOTO ID STATEMENT OF QUALIFICATIONS CITY OF BALDWIN PARK
t-, Li c: V7
VIC_
APPLICATION IS FOR THE FOLLOWING COMMISSION:
(A separate application is required for each commission)
PERSONAL INFORMATION:
Name (:�,"S�av-0 H'A-c-O'c
Residence Address
Length of time at this Address: 11 5 � ' i5 E -mail address:
Home Phone No. Ce[VMessage Phone No,
Are you 18 years of age or older? le-S Are you registered to vote in the City of Baldwin Park?
Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? N CJ
If yes, name of agency and position:
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? lks- G. E. D. ?_
Name and Location of College or Universily Course of Stud v Degree
STS c A,� iS�� o�V, %k�
, A, k3
r
Ui,�vs CoO-Lcc.� GknJofoi (/-'A 'Soc'�OA a"J A A4
� I —
EMPLOYMENT INFORMATION I EXPERIENCE:
Name and Address of Emplover(s) I Position Title
city '71"' F=" ixOAC Dates of Employment
15 A'�>' efV "
So4v'-'Jas Apt ,A
REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
Name
Address
Phone No,
Rose- ;a
6
-EX 7 " a3
\60,
CA 0 6
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION.? Ho
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
AC KNOW LEDGEMENT/CERTIFICA71ON:
1 understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
is true and correct,
Date Signature
Do Not Write Below this Line- For City Use Drily
Residency verification: Ell Yes -71 No Date: Voter Registration Verification: ❑ Yes —EJ No
Residency verification: ❑ Yes ❑ No Date: Appointment date:
Residency verification: ❑ Yes ❑ No Date: Term expires:_
Statem.e.nt of Qualifications
IGnYision a future for the City of Baldwin Park with aO improved general wellbeing for
City residents, businesses and property owners. K8« goal is to actively pursue economic
development to enrich and diversify the City's economic base by using the City's land in
the community's best interest.
| believe that I ah0Ukd be appointed to the Planning Commission because / have actively
been a servant 1O my Cornrnunhn. { first began my service at the age of fifteen when ) -
started the Summer Youth program with the Esther Snyder Community Center where I
worked in the City's game rDOr0 and also helped with City events. | was also avvo/k-OD
coach for the Baldwin P8d{ High School VVne3t|iOg program for two years. Currently, |
am a Finance Intern for City of Baldwin Park. As the Finance Intern | am responsible for
a variety of administrative and clerical duties in support of the Finance Department that
include but are not limited t0 data entry, verification of statistical and financial data,
assistance in the maintenance of records, compose and prepare B variety of
correspondence forms and assist with support activities.
I would love to continue my passion by joining the Planning Commission and it would be
an honor to be involved in the City's future,
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I
SUBJECT: CONTINUED FROM AUGUST 21 2013 - CONSIDERATION
APPOINTMENTS AND/OR REAPPOINTMENTS TO FILL VACANCIjE`-
FOR THE HOUSING COMMISSION
This report requests that the City Council appoint applicants to City Commission offices
for the Housing Commission.
As you may recall, at the regular meeting on January 16, 2013, the City Council
appointed applicants for seats 1, 2, 3, & 5. Seat 4 was filled at that time and seats • & 7
were to be re-advertised due to a lack of qualified applicants for the tenant seats. The
vacant seats were filled due to early vacancies. Therefore, terms for all seats expire at
the same time, June 30, 2013.
The following applicants confirmed their interest in the unrestricted Oftes and have
resubmitted applications requesting consideration of appointment to the Housing
Commission:
TO MAXT-Mr-TWeliff M-relffrtlmr.
Braulio Oscar Marin
INCUMBENT
Eduardo Acevedo
INCUMBENT
John De Leon
INCUMBENT
Magda Torellas
INCUMBENT
Mario Betanco
INCUMBENT
Erminio Gonzales
NEW APPLICANT
Gloria Cevallos
NEW APPLICANT
Johanna Gaona
NEW APPLICANT
Kevin Luc
NEW APPLICANT
Liliana Ramirez
NEW APPLICANT
Maribel Aguirre
NEW APPLICANT
Oscar Joseph Prado
NEW APPLICANT
Otilia Garcia
NEW APPLICANT
Staff Report — Commission Appointments
Page 2
31— MIT, M-1 Lem
11111MM-IMLYA M02 • vim-, ME
Although Mr. Montano is the sole applicant, it should be noted that he has been a
participant with the BPHA since 2007 and has maintained a good standing with our
agency throughout the years.
Staff continuously conducts outreach and will accept applications for the Tenant
Commission Seat #7, which is restricted to 62 year old or older member of public
housing. Once applications are received, they will be presented to the City Council for
consideration.
BACKGROUND CHECKS
Pursuant to City Council direction, all Commissioner appointments are subject to
satisfactory backgrounds checks through the Department of Justice. The Commission
Incumbents appointed in January 2013 have successfully met this requirement. Any
appointed Commissioner that has not completed a background check within the past 12-
months will be required to do so.
TERMS
In an effort to avoid a mass vacancy of commissioners again, with all terms expiring on
the same date, on March 14, 2013, the Housing Commission approved revised By Laws
establishing the below term schedule:
Initial Year (starting July Ist, 2013)
Office 1& 2 shall be for a one (1) year term; expiring June 30, 2014
Office 3, 4 & 5 shall be for a two (2) year term; expiring June 30, 2015
Tenant Offices 6 & 7 shall be for a three (3) year term; expiring June 30, 2016, and
Staff Report —Commission Appointments
Page 3
I a *101 m Igil -A Z, I Bya NIS]
ZMMEE� •�
Candidates for Office 1-5
Pricumbents New Applicants
Braulio Oscar Marin
Erminio Gonzales
Eduardo Acevedo
Gloria Cevallo
John De Leon
Johanna Gaona
Magda Torellas
Kevin Luc
Mario Betanco
Liliana Ramirez
Maribel Aguirre
Oscar Joseph Prado
Otilia Garcia
Candidates for Office 6
Incumbents New Applicantc-
ATTACHMENTS
Attachment A — Resolution No. 2013- 013
Attachment B — Housing Commission Applications — Non-Restricted Seats
Attachment C — Housing Commission Applications — Tenant Seats
RESOLUTION NO. 2013-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK APPOINTING INDIVIDUALS TO THE
HOUSING COMMISSION OF THE CITY OF BALDWIN
PARK TO OFFICE NOS. 1, 2, 3, 4, 5, & 6
WHEREAS, the Housing Commission consists of seven (7) members, including
two members (Office Nos. 6 and 7) who are tenants of the Housing Authority. Office 7 is
a tenant who is 62 or older; and
WHEREAS, vacancies currently exist in Office Nos. 1 -7; and
WHEREAS, a public Notice of Vacancy was posted on the city's website and the
Baldwin Park Housing Authority's facebook, and flyers were mailed to all Baldwin Park
Housing Authority Housing Choice Voucher Program Participants. The deadline for
submission was April 30, 2013.
WHEREAS, the City Council desires to fill the scheduled vacancy of Office Nos. 1-
6; and
WHEREAS, in accordance with Baldwin Park Municipal Code Section
32.22, appointments to Office Nos. 1-6 is made and entered onto this resolution for a
terms expiring in accordance to the respective term for each office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
HEREBY RESOLVES AS FOLLOWS:
Section 1. That the following are appointed as members of the Housing
Commission and shall hold office at the pleasure of the City Council and serve for their
respective term noted below:
1
2
3
4
5
June 30, 2014
June 30, 2015
Tenant - 6 1 June 30, 2016
Tenant i-) I PENDING APPLICATIONS I
Section 2. That the City Clerk shall certify to the adoption of this Resolution and
forward a copy to this resolution to all appointees and to the Housing Commission
Secretary.
Resolution No. 2013-013
Page 2
•
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ss.
CITY OF BALDWIN PARK I
1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify
that the foregoing resolution was duly and regularly approved and adopted by the City
Council of the City of Baldwin Park at a regular meeting of the City Council held on
September 4, 2013 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
R. • fit. +
Applicants for Non-Restricted Offices
O", =esY5
RBI" t -
PLEASE ATTACH A CITY O BALD ICI PARK
�
CURRENT COPY OF APPLICATION FOR CITY COMMISSIO
A UTILITY BILL AND ,r r�r.� -;r I R
And CITE :i, t_)A1_�i3`;a;i Pr`RK y i�
A COPY OFYOUR f-. PP,
PHOTO ED STATEMENT f -
APPLICATION IS FOR THE FOLLOWING COMMISSION: — -
(A �eperafe app ication is required for eacn c ®ane�f��fee�
�i i ')5 e
PERSONAL INFORMATION'
Name � V ° U LIE-, Ds /P—
Residence Address_ �p � —'
/ 1 ' S
Length of time at this Address: �!G E-m�'ail address:_ — - -
Home Phone No. Cell /Message Phone No._ -
Are you 18 years of age or older? � S Are you registered to vote in the City of Baldwin Park?
Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park?�
If yes, name of agency and position:
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 & High School Graduate? G.E.D.?
Name and Address of Employers Ile
a. < ,a-r�C-7 -
REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
Address w.
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVECTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?
If yes, Please list all offenses, date and place of offense(s), and sentence /fine received:
AC KN DwLEDG ESA ENT /CERTIFICATION:
I understand that upon filing, this appli becomes a public record. I certify
under penalty of perjury od-eT tb aws of t e State of California that the foregoing
is true and correct. correct.
Signature
Do Riot Write below this Line - For City Use Only
Residency veriizcation: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No
Residency verification: ❑ Yes ❑ No Date: Appointment date:
R a Mi nry varii` vnlinn- ❑ Yes ❑ No Date: Term expires:
Date:
Commission Requested:
M M "M Of I A 0 1. i {FUG 1 11 �- ME
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission..
,x &Fgx-i A
0 S:-/
C-0 M In l 5'5,1c)p ep, Z,-/--/U � � VIC) /
Signature
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Application and Statement of Qualification will be kept on file for two (2) years. During this tirne, should a
vacancy occur in the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
PLEASE ATTACH A CITY OF BALD WIN PARK Gilt-i' n,
1''a Pt R 12
CURRENT COPY OF APPLICATION FOR CITY COMMISSId. le,, R'S_301.li,
A UTILITY BILL AND
And
A COPY OF YOUR
PHOTO ID STATEMENT OF QUALIFIC IONS
77
APPLICATION IS FOR THE FOLLOWING COMMISSION:
((4 separate application is required for each commission)
PERSONAL INFORMATION:
Name (0)
Residence Address_
Length of time at this Address: E-mail address:_
Home Phone Nc Cell/Message Phone No._
Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? es
Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? S
If yes, name of agency and position: G S i 6r,
EDUCATION: ` G.E.D.?_
rlirH� Hinhp.qt nr2de you completed: 1 2 3 4 5 6 7 8 9 10 11 (172) High School Graduate?
=,UPI r)VAnFNT INFORMATION I EXPERIENCE:
REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or APP01meG ui i iuld- a, ju ho
can comment on your capabilities and character.
Address jLnone No.,
Name
Ch (A 123-
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELON Y OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
L
A
Date
DO
ACKNOWLEDGEMENT/CERTIFICATION:
g, this application bee, nes a public record. I certify
I understand the JA that the foregoing
upon filing, the St t of Califo)r
under enalty , p rju finder the laws 0 ,,n
q ct
is true nd e
ski 66
Signature
fki� I- ino' - Pnr ('1: i Use Only
Residency verification: ❑ Yes ❑ No Date:
Residency verification: ❑ Yes ❑ No Date:—
Residency verification: ❑ Yes ❑ No Date:_
Voter Registration Verification: ❑ Yes ❑ No
Appointment date:
Temi expires:
9
6 Commission Requested: `�1 X11 rA`�, - "10 Name � � e,�1��.`�� C3 -� P.� ���F � q -- ---� -�
STATEit EN r OF QUAU8E CATIONS:
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission.
?��i�t2�f3`� §PSG C)� �(G� C'�� ✓c?�R3 ��ay��¢9 ��C7^v4adPr.-,.n` e�
r-,
C1)'fi ms- an!'mO Mat) 9 OMW trefi R�� ' F � �" � Fi\f7 � � �J19`V y-r- oi�iR$�v�
V'{..5"'i,'Ll -) 0
. n r d . j fl��.a tug` P .� .�" ,�" S _.�.h=
Daters
Signature
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a
vacancy occur in the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
application.
Submit by Email Print Form
W�W I
%� t ru"'L;rl ft_� T) z I 1W h 1� ISSION
A UTILITY BILL A�D APPLICATION FOR CITY COMM
A COPY OF YOUR And
PHOTO ID STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION: -
( -_xipr;,te aarilicaffbit is reifuirsO for eRcfj, •itmission)
PERSONAL INFORMATION:
Namejohn de Leon
Residence Address
—
Length of time at this Address: 2 Years E-mail address.
Home Phone Nc, Cell/Message Phone No.
Are you 18 years of age or older? Yes Are y I ou registered to vote in the City of Baldwin Park?Yes
Yew J_
Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park?
If yes, name of agency and position:Housing Commission, Commissioner
EDUCATION: � 70
i7el 03
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 Yes 12 High School Graduate? G.E.D.?_ i"') �_n
Name and Location of College or University
Course of Study
D
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z ek
10
EMPLOYMENT INFORMATION / EXPERIENCE:
Name and Address of Empjover(s) Position Title Dates of Employment
REFERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
Name
Address
Phone No.
Kh1em Nguyen
Andy Nguyen
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits. No
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAM A MINOR TRAFFIC VIOLATION?
If yes, Please list all offenses, date and place of offense(s), and sentence /fine received:
ACKNOWLEDGEMENTICERTIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
�7 r"'4
1 4/22/2013
Date Signature
Do Not Write Below this Line - For City Use Only
Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No
Residency verification: ❑ Yes ❑ No Date: Appointment date:
Residency verification: ❑ Yes E]No Date: Term expires:
John de Leon
Housing
Commission Requested:
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission.
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Date:
Ign �t6re
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a
vacancy occur in the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment Failure to provide current proof of residency with each recruitment, will invalidate this
application.
PLEASE ATTACH A CITY OF BALDWIN PARK 10'�`
CURRENT COPY OF APPLICATION FOR CITY COMMISS�611' RE'30UPRCE'S' DEP'l-,
A UTILITY BILL AND And
COPY OF YOUR
PHOTO ID STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION:
(A separate application is required for eaaa commission)
TONAL INFORMATION:
Name
b
JD P';,
Residence Address F BP LDJ N
jj Cliv 0 RKS DEPA YMEI�T
Length of time at this- Address: f E-mail address:_ �` Di b `
Home Phone N Cell /Message Phone _
or.
— -�
Are you 18 years of age or older? �' ' Are you registered to vote in the City of Baldwin Park?
Do you currently serve as an elected or pointed official for any board and /or agency within the City of Baldwin Park?
If yes, name of agency and position: ou'
EDUCATION:
Circle Hiahest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? L� �°° G.E.D.?
EMPLOYMENT INFORMATION / EXPERIENCE:
Name and Address of Employer(s)
N / Lj°-�a -
REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
" ,press
Phone No.
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits. D
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?
If yes, Please list all offenses, date and place of offense(s), and sentence /fine received:
F
Date
Do Not .V
Residency verification: ❑ Yes ❑ No Date:
Residency verification: ❑ Yes ❑ No Date:
verification: ❑ Yes ❑ No Date:
ACKNOWLEOGEMENTICERTIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.'"
CA �
X19 a�
nmi 4hic I int - Fnt' C itu Use Qllly
Voter Registration Verification: ❑ Yes ❑ No
Appointment date:
Tenn expires:
^
Commim�on Requaa�md
Name L _C4, � �)CJS�
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission.
� .` /
�� ,
~�
A,
L4 'C"::; A),
-
Date: _
2111 �P- r,3 A � i Q
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Ac - F,
'
Notice: Please beadvised that you and your qualifications may be discussed bv the City Council 8t an open
meeting.
This U��d�����OfQ��8���������e�r t���� D�ob�1����G
���//u*uT/n the CO/nm�cs�nfor wh�hyou have req' dQJnG/deJa orof@ppo/nbmaO�your bon
v�c8OCyonnmdin the pool Dfmpp�aDtGpnJ�ded however, °~---�that you sUbni CUneOtproof of residency at the �me
of said mm/»v/«uuv="recruitment. Failure bz provide current proof Of residency VKitheaohn9CD/itmeOt,mil/iDualida8eih/8
application.
. I V
PLEASE ATTACH A CITY OF BAL N PARK
C IT Y','J PAR K
CURRENT COPY OF APPLICATION FOR CITY COMMISSION 19U,'MIAN RUE,30L11KE� C,,,- iPT
A UTILITY BILL AND
A COPY OF YOUR f t "zz E- C- E I V E 0
PHOTO ID STATEMENT OF a ";`AUFICATICNS
APPLICATION IS FOR THE FOLLOWING COMMISSION: z o Sib
(A separate application is required for each commission)
.V,j -IAR,, Y
PERSONAL INFORMATION: nA
t `1 �GLERJ<�S DE
Name
"V11
Residence Address—...
'ISTR/\ Tl� (N
Length of time at this Address: E-mail address:
Home Phone No. Cell/Message Phone No...
Are you 18 years of age or older? NK=-; Are you registered to vote in the City of Baldwin Park?_—��..
Do you currently serve as an elected or appointed offic' I for any board and/or agency within thhee City of Baldwin Park? .,e
If yes, name of agency and position-._ , L50,151nd� OIA2-i
EDUCATION: 'i y r?_S
('irr,lo Hinhpst amde vou completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? t , . G.E.D.?_
EMPLOYMENT INFORMATION I EXPERIENCE:
Pa7n,7e and —Address of Em lo er s
I M BIMINI
Vol
REFERENCES: Please provide the names of two persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
�—Vxaq- Le5
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELON Y OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?- —NO
If yes, Please list all offenses, date and place of offense(s), and sentence /fine received:
ACKNOWLEDGEMEWICERTIRCATION:
I understand that upon filing, this Application c mes a public record. I certify
under penalty of perjury u Ne [a so f— aliforgia that the foregoing
is true and correct
Date Signature
Do Not Write Below this Line - For City Use Only,
Residency verification: 0 yes ❑ No Date: Voter Registration Verification: ❑ yes ❑ No
Residency verification: ❑ Yes ❑ No Date: Appointment date:
Residency verification: El Yes ❑ No Date: Tenn expires:
Name r) Commission Requested: OV)
STATEMENT OF QUALOCATI
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission.
r
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Meell. TOLM Lltv eAMUC, I
Date:
Si re
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Application and Statement of Qualification will be kept on file for two (2) years, During this time, should a
vacancy occur J . n the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicant's provided however, that you submit current proof of resider-, cy at the tinfe
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
application.
I � �
I
PLEASE ATTACH A CITY OF BALDWI N PARS Nfflv
CURRENT COPY OF APPLICATION FOR CITY COMM1��8��
A UTILITY BILL AND , "'IC',a ,a;..i3�liE.� P.RR
And 'tC'S = ?EPARTNIEl3T
A COPY OF YOUR
PLOT® ID STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION: - - --> 1yv5tbluf,
A separate application is required for each commission
PERSONAL INFORMATION:
Name iRM I i9 ia LI–j( iu 1c3_
Residence Address_
Length of time at this Address: - v'' E -mail address:
Cell /Message Phone No.- -'
Home Phone No _-
Are you 18 years of age or older? -- ._ —__ _— Are you registered to vote in the City of Baldwin Park?
Do you currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park?
If yes, name of agency and position:
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? G.E.D.^
Mm
EMPLOYMENT INFORMATION / EXPERIENCE:
Position Title Dates of Em to ment
virall 64A� �q q q - 22- "" q
p
REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
A ,J.-0,. P h o n e_N o_.
f'9Z9C r. -I?
IFJIPOR; ANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION . f
If yes, Please list all offenses, date and place of offense(s), and sentence /fine received:
ACKNOWLEDGEMENTICERTIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Date Signature
Do Not Write Below this Line - For City Use Only
Residency verification: ❑ Yes ❑ No Date: _______._______
Voter Registration Verification: El
❑ No
Residency verification: ❑ Yes ❑ No Date:_.___.___._______
Appointment date:
Residency verification: ❑ Yes ❑ No Date: _ _ --
Term expires:
j�.�1� ��� 52 Commission Requested: �L�c iSil�lC /��377711/SS >0
Name ✓
STATEMENT OF C, RUALIFICATI® :
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission.
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MIAMI
�''6'����
bul Fe 4, had
Date:
Signature d
Notice: Please. be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a
vacancy occur in the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
application.
PLEASE ATTACH A CITY OF BALDWIN PARK
CURRENT COPY OF APPLICATION FOR CITY COMMISSION
A UTILITY BILL AND And NOY 26 PH ItO
A COPY OF YOUR
PHOTIO ID STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION:
(A separate application is required for each commission)
PERSONAL INFORMATION:
Name 14 C V14
Residence Address
Length of time at this Address: 3 0 . E-mail address: —i-
Home Phone No., 1� cell/Message Phone IN
Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park.? 61-0
Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park?
If yes, name of agency and position:_----
EDUCATION: 1.1 12 High School Graduate? /k) G.E.D.?
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10
mnnni nvtinpNiT INPnPMATION / EXPERIENCE:
d, ties Of two (@
REFERENCES: Please provide thj-- ) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
i i
can comment on your capabilities and character.
IMPORTANT: /ad the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED NY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION Gf ? OF FELO
�,�E�plac of offense(s), and sentence/fine received:
If yes, rl-G-Cse, qTtFl-p,-ff� eNfflWl� � i
LU
ACKNOWLEDGEMENT/CERTIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
nature
Do D t6 Do Not Write Below this Line - For CitY Use Only
D—M—c verification: El Yes ❑ No Date:— Voter Registration Verification: ❑ Yes ❑ No
Appointment date:
Residency verification: El Yes . El No Date:—
Residency verification: 0 Yes ❑ No Date:_._____._______ Term expires:_
Name I 1 0 A / 4- � a 5 Commission Requested:
STATEMENT OF QUALIFICATI® :
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission.
Date: / Signature
Notice: Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Application and Statement of Qualification will be kept on file for two (2)! years. During this time, should a
vacancy occur in the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
application.
j n,
PLEASE ATTACH A CITY OF BALDWIN PARK '
CURRENT COPY OF -
A UTILITY BILL AND
APPLICATION F CITY C ISS 4 y f I'
A COPY OF YOUR And
PHOTO ID STATEMENT OF ULIFICTI
APPLICATION IS FORTHE FOLLOWING COMMISSION: — U ��q,.�* h`,,/1g�.�
�Yl�e.'L�wCY/ l..__N `+-- •^"L/I'.``°�P'.sl.g ��6 N/
6`$ aau Q omw W YY4i 6Y p,YWNIN —4. �.
PERSONAL INFORMATION:
Name
Residence Address
Length of time at this Address: II E -mail address:
Home Phone No.-- Cell /Message Phone No._ ..
t
Are you 18 years of age or older ? Are you registered to vote in the City of Baldwin Park? I`✓
board /or the City of Baldwin Park? MD
Do you currently serve as an elected or appointed official for any and agency within
If yes, name of agency and position:
EDUCATION:
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 6 High School Graduate? G.E.D.?
Name and Location of College or University
Course of Stud
re
De e
U) '
_
X
EMPLOYMENT INFORMATION / EXPERIENCE:
L\Jama and Ar dress of Emplover(s_) Position Title Dates of Employment
_
n7
REFERENCES: Please provide the names of two ( @} persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
Name Address J Phone No .
ap 4 9 i7 / f4 �
p!p4o�
�Vl asl A_6 B p
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?
If yes, Please list all offenses, date and place of offense(s), and sentence /fine received:
ACKNOWLEDGEMENTICERTIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
\ ( °((yy
1 er I @ 7
Date Signature
Do Not Write Below this. Line - For City Use Only
Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No
Residency verification: ❑ Yes ❑ No plate: Appointment date:
Residency verification: ❑ Yes ❑ No Date: Term expires:
O-V a-a_ Commission Requested: 'H-Du-sivy,
W'M'�
- �" IM11T1,10=1
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission.
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Signature '-
,I M,
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a
vacancy occur in the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
application.
NCO-26-2012 10:25 From:/
I
000000000 To 263719243
CITY OF BALDWINPARK
APPLICATION FOR CITy COM-M-ISSION
And
STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION:
[A qpnarafa aDDUCEIVOn iS r0q"jr0d fo"SCh commission)
FRAIM1.13
Narne
■
bjc--
P. 1/2
Rosidom-,P
1, 000th of time At this Address., E-mail addi`M:
Cell/Message Phone No-
Horne Phone No,,_.,
Are you is years of age or older?
Are vou registered to vote in the city of Baldwin Pork?
va —1
I
Do you currently Serve, as an elected or appointed official for any bosrd andlor agency within the City of Baldwin Perk`?
If
, nIrtio of agency and position'
EDUCATION:
I I I 1—, 2 9 4 5 6 7 8 9 10 11 12 High School 8raduate?
EMPLOYMENT INFORMATION I EXPERIENCE:
lect�-d or Appointed officials and Whi
REFERENCES, Please provido the names Of two (@) persons, who are not City of Baldwin Park E I
(-,iri co ninlent on your capabilities and character. PIT
ANT; Read the followi
Ott} iiy lue
ease list sll affens�es, r,
2 1 12
Date
. T!:Ajdd,6i,,s
carefully and answer oornpletely. A conviction is not all -,)utornatio bar to appointment. Each case is
,TE--% OF A FELONY OR MlsoeMZANOR OTHER THAN A MINOR TRAFFIC VIOLATIONS
,j�id place of offense(s), and sentence/fine racelved:
ACKNOVVLEDGEMENyir,CRTIFICATION,I pV�IJG record. I ol�rtify
I Ujjd0ML,4r)d thit upon filing, thin LIppilootion
under penalty of perjury under 010 laws of tho State Of Cglifomi(I thrit the,foregoll"19
is tr(ja and corrout.
r ;�'i1Ci4'S�4�' � ; r ��i a "� S+'+Il 4�l!ttta' ��.A. a t` y !�^C� *��'nrt�a�.cw:rtK+m:��i,r ...;.,, •,.. �.......�,�.,,..�.,- r.- .�..�. ....•_.
NOO-26-2012 10:25 From:, 000000000 To: 263719240 P.2/2
Commission Requested:
Warne
Use this space to list your goals and objectives and why you fool you should be appointed to the
commission for which YOU are applying, please inolmde any additional information you feel will be
benericial to the Council In consideration of your appointment to this commission,
Date..
Notice: Please be advised that you and your qualific0tiOns May be discussed by the City Council at an open
This Application and Statement of Qualific8liOn will be kePt on file for two (2) years. Du1-i 1$ time, 0 should a
vacancy occur in the coMmf ssion for which you have requested consideration of appointment, yofir aplication
will be, included in the pool of applicants provided however, that YOu submit ourrent proof of residency at the tin
of said recruitment. Failure to provido current proof of residency with oach recruitment, will invalidate this
application.
CITY OF BALDWIN PARK
APPLICATION FOR CITY COMMISSION
And
STATEMENT OF QUALIFICA T,IONS
DLLOWING COMMIS i S101-1
R E M9 g
NOV *10 201-1
CITY OF
PERSONAL INFORMATION:
Name %iliana Ramirez
Residence Address�—
Years E-mall address- -
Length of time at this Address- 2 years
Ceil/Message Phone No.
none Home Phone Yes
Yes Are you registered to vote in the City of Baldwin
Are you 18 years of age or older? Within the City of Baldwin Park? 2!_0
Do you currently serve as an elected or appointed official for any board and/or agency
If yes, name of agency and position: Yes
EDUCATION., High School Graduate?
Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 --F- �D
Name on of Colle e or Universit Masters
i Location c a t I �on 0 �fC—o 1.1 ge e �o'r 'Q n I v e �rs it' y
and Public Administration
h
:t ri
Cal State Northridge University
k 7
EMPLOYMENT INFORMATION I EXPERIENCE:
Dates of'Em lo men
Aak PositionTitle
jW Name and Address Or Em to Daarch 2003
•Acting program Assii5tant
or Appointed officials and who
REFEREE
NCS. — Please provide the names of two persons, who are not City of Baldwin Park Elected
can comment on your capabilities and character.
Pauline ogata
IMPORTANT: Read the following carefully and answer completely- A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits. R TkAFFiC VIOLATION? 110
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MIND
if yes, Please list all offenses, date and place of offense(s), and sentenceffine received:
ACKNOWLFDGEMEN*TlCr=R'r]FICATION:
becomes a public record. I certify
this application b
I understand that upon filing,
under penalty Of perjury under the laws Of the State of Californiatbat the foregoing
is true and correct,
10 d7
7
Signature -------
Date Do No' - Use Only
7--
Do Nat Write Below this Line - For Gi Rog IstrationVerifiCatiOn-- ❑ yes
voter
Yes ❑ No Da
Residency verification- EEII Yes 0 No Date' Appointment date:
❑ Y 0
Residency verification: 11 Yes ❑ No Date:
's ONO Terrn expires:
Residency -v verification: No Date:
"'ideric'v verification: Tii5ficaattionn 0 Yes
.,idenc
Commission Requested:
Liliana Ramirez Name
-STATEMENT OF QUA.LIFICAMNS'
Use this space to list Your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council inconsideration of your appointment to this commission. -
------------ I
vne education-and experience through my current employment have provided me with
insight and knowledge that the city council and residents of Baldwin Park will benefit through
my appointment into the commission-
I am representative of the community and can represent the majority Of residents
within the city. :[ am a homeolvine . r, a divorced, single-parent, household, raising two daughters.
I have experience working with the community and with individuals ranging from
community community and, faith based organizations, and T also have' experience
co ity advocates, to cOMMUni
working with public service agencies. . Some'of the projects that I have worked on through
my current assignment are American Recovery and Re- Investment Act 2009, Transitional subsidized
Employment for youth in GROW Program, Romelessness prevention and Rapid Re-- Housing Program for
Transitional Age youth in GROW Program and recently assisted impacted GROW programs as a result
the restructuring of the General Relief Program. Baldwin park needs individuals with this
experience at the forefront Of their city's decision-making.
D) *Dgq
ate*
i nature
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
ismeeting.
This Application a . nd Statement' of Qualification will be kept on file for two (2) Years. During this time, should a
vacancy occur in the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
application.
J%1c7v 2? 2012 5.: 19PM LIfFTO UCH NSS 1621357 77061 P.1
CITY OF BALDWIN P ARK
01 APPYCATION FOR CITY COMMISSION
And
�ATEMENT OF QUALIFICATIONS
OPLICATION.11S OR THE FOLLOWING COMMISSION:
Residence Address- -
Length Dif flinne at this Address: E nmil address: --
Borne Phone No Cell/Message Phone No,.
-
-re re * d to vote in the City of Batdwira
Are you 118.yeqrs�o..age dr.91d r? Are you. gist IS
Parts?
y6' u* serve as an elected or ap�`lhtecl official V any board and/or agency within !he-City of gaidwin Pa
Do 9
If yes, name of agency aftd positic6:
EDUCATION:
il high School Graduate? G.E•D•?_
3; 4 5*6 12
Cir6lle Highest grade you Completed: 1.. 7 8 9.10
Marna and Location of College or University;:_
Course of Stody
De ree
EMPLOYMENT INFORMATION [&PEKIffNCE:
pq e and Arldrs1zz of rmnlover(s)
Position Till
ates of Employment
D
the names 6f t 9.are not City of Baldwin Park Elected or Appointed Officials and who.
REFERENCES" Please pr6vidia vvo'(@)pefsons,..w1i
.tdancibirrimerit,oh youkc0'abillitl6send character: - .
A Artroco n 4 Art Phone-No.
41VIPOR7ANT: Read.the* following carefully and a ingwer completely. A conviction is not an automatic bar to appointment. Each case is
c6nsiderea on its individual-merits:
- NAVE YO.0 -EVER BEEN CONVICTEQ I DFA FELONY ORMISDEMEANOR. OTHER THAN A MINOR TRAFFIC VIOLAtION?A
ace' offense(s), :and se'nlenc'(31iine: received:
If yes, Pl6as�e' -list all'0`ff&nses,'d6t6 and 01 017
ACkNOWLEDGEMENTICERTIFfdA TION:
'11 understand that upon filing, this application becomes a public rec6rd.. I certify
binder penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
110a EM-19-
Voter Rgiqtr on Verification: F1 Ye EJ -Ne
No D*ate:
.
ciifi Datc: Appoin ent
ication: ❑ Yes
Resi& No
n6y'v
Term
F-1 llresl
vet-ificatiov, ❑ Yes ❑ No Ij
Mora p.2
J P X061
carne Commission Requested:
STATEMENT OF Q11ALDFiCATll
Use 4his sp�ce:ta. list your goals and dbjectives and .why you feel you should be appointed .to.$he
commission. for which you are applying. Please include any additional information you feel will be
beneficial to She. Council in consideration of your appointment to this commission, .
k.
i
<` r r'
YO
r
MM
abbe cc
Motice:.Please be advised that you and your qualifications may be discaussed by the City Council at an opera
Meeting':
his A�plicePion and Statement of oualification will be kept on file for two (2) years. During this time, should a
vac incy occur in the commission for which you have requested consideration of appointment, your application
o�ril9 be included in the peo6 of . * icants provided however, that you submit current proof of residency at. the time
r�l •said. recruitment. Palture to provido current proof ®f residency with each recruitment, will invalidate this
application'
PLEASE ATTACH A CITY OF BALDWIN PARK
CURRENT COPY OF APPLICATION FOR CITY COMMISSION
A UTILITY BILL AND And
A COPY OF YOUR
PHOTO ID STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION:
(A separate application is required for each commission)
//JO 0_!j_rA-) 6:
PERSONAL INFORMATION:
Name CS 101k
Residence Address
Length of time at this Address: 7 E-mail address:-V.I.
Home Phone No.— Cell/Message Phone N,
Are you 18 years of age or older? IVAFIS Are you registered to vote in the City of Baldwin Park?
Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? /U.
If yes, name of agency and position:
EDUCATION:
Circle Highest grade you completed: .1 2 3 4 5 6 7 8 9 10 11 12 High School Gradubte? '(6-3 G.E.D.?_
Name and Location of College or University —
— Course of Study
Degree
AP26�51ffL (2voKmvpx7-t Co LL8_6:6-_
EMPLOYMENT INFORMATION / EXPERIENCE: ID 0
1
1��
Name and Address of Employer(s) Position Title Dates of EmploVment '_
J--J >
0
are not City of Baldwin Park Elected or Appointed Offlipls and
REFERENCES: Please provide the names of two persons, who
can comment on your capabilities and character.
Name L fi-Ah S6:C,--- Address I Phone No.
'Ro getz , XA.) I
T_ 1
swi--o- 13 Ear-'
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? /00
If yes, Please list all offenses, date and place of offense(s), and sentence/fine received:
ACKNOWLEDGEMENT /CERTIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under pp,�Ity of perjury under the [a of the State of California that the foregoing
is tru nd c rrec
Date Signature
Do Not Write Below. this Line - For City Use Only
Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No
Residency verification: ❑ Yes ❑ No Date: Appointment date:
r-1 �r F-1 -'T n f Tenn exi)ires:
ResidencyveralCaLiOn' " Yes LJINO - •
Name i'/ ���- Commission Requested: /4T0 1)�Z"s�
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission.
Date: f
4ig�nature
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a
vacancy occur in the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
application.
PLEASE ATTACH A CITY OF BALD IN PARK
CURRENT COPY ®F APPLICATION FOR CITY COMMISSION
A UTILITY DILL AND And
A COPY OF YOUR
PHOTO ID STATEMENT OF. QUAUFICATI®N_...
APPLICATION IS FOR THE FOLLOWING COMMISSION:
A separate application is required for each commission
PERSONAL INFORMATION:
Residence Address — -
Length of time at this Address:' \� [, S E -mail address:=
Cell /Message Phone No._
Home Phone No._
Are you registered to vote in the City of Baldwin Park? e`
Are you 18 years of age or older. P � (")
Do v_ ou currently serve as an elected or appointed official for any board and /or agency within the City of Baldwin Park?
If yes, name of agency and position:
EDUCATION: G.E.D.?
,, ,._L__} ---,4- r MnlPtPrl' 1 2 3 4 5 6 7 8 9 10 11 High School Graduate? ti
EMPLOYMENT INFORMATION I EXPERIENCE:
Name and Address.
REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Officials and who
can comment on your capabilities and character.
o. —
r
` ; Is
IMPORTANT: Read tne'ioiiowing carefully and answer completely. conviction is not an automatic bar i0 aNNvn nii,o, u• G
considered on its individual merits.
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?
If yes, Please list all offenses, date and place of offense(s), and sentence /fine received:
'Date
Residency verification:
❑ Yes
Residency verification:
❑ Yes
Residenev verification:
❑ Yes
ACKNOWLEDGEMENTICERTIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under penalty of perjury under the laws of the State of California that the foregoing
is true and confect., /) n
Signature
Do Not Write Below this Line - For
❑ No Date:
❑ No Date:
❑ No Date
,ity Use O
Vote RerVote Rer
Voter
Appointment
m
Ter expires.
Verification: ❑ Yes
Name
Commission Requested: -'� e-025�WIILIO
a? r
STATEMENT ®P QUALIFICATIONS:
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you feel will be
beneficial to the Council in consideration of your appointment to this commission.
f
MOO-
J
A
Date:
ate'
4-4�
1
i
N'(2
wilc
)U4 ,
rnv Sc�,h'c�
Vv�'VLS/"!
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'64
�11'ov
ovto
re����
r
i, JJ
Signature }
C)
,wV'tt3'k --0 s
d
eme
0
ti
AL
V-
Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open
meeting.
This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a
vacancy occur in the commission for which you have requested consideration of appointment, your application
will be included in the pool of applicants provided however, that you submit current proof of residency at the time
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
application.
Applicants «' . Tenant O \\c e s ' \ is 4
PLEASE ATTACH A CITY OF BALDWI PARK
:CURRENT ANT cOP, OF APPLICATION FOR CITY COMMISSION
A UTILITY BILL AND And
A COPY OF YOUR STATEMENT OF QUALIFICATIONS
APPLICATION IS FOR THE FOLLOWING COMMISSION: -r fol
A separate a pfication is required for each commission
PERSONAL INFORMATION:
Name L <a to VI&O ft ice= —..
Residence Address__
Length of time at this Address:--�R-LxE -mail addres
Home Phone No._ , Cell /Message Phone No.
Are you 18 years of age or older ? — Are you registered to vote in the City of Baldwin Park ?- `�. - --
Do you currently serve as an elected or appointed o icial for ny board�and /or a enc within the City of Baldwin Park?
P 9 Y
If yes, name of agency and position: J e,
EDUC AT! 0"N:
r-c,- i. u;„ho + nmrip, vnu cmmnleted: 1 2 3 4 5 6 7 8 9 10 11 02 High School Graduate? G.E.D..
EMPLOYMENT INFORMATION / EXPERIENCE:
C
REFERENCES: Please provide the names of two ( @) persons, who are not City of Baldwin Park Elected or Appointed Oials
can comment on your capabilities and character.
AaarPss
-7 110
'Co aj
IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is
considered on its individual merits. p =� �� _ ��� 4,a�a +"gng4,M 4
HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A m411M R u RAF C d s�.� �
If yes, Please list all offenses, date and place of offense(s), and sentence /fine received:
twf
ps
�f ,
Date
Do
Residency verification: ❑ Yes ❑ No Date:
Residency verification: ❑ Yes ❑ No Date:
Residency verification: ❑ Yes ❑ No Date:
ACKNOWLEDGED !VENTICER'TIFICATION:
I understand that upon filing, this application becomes a public record. I certify
under penalty of pe jury under the laws of the State of California that the foregoing
is true rltl corrrr'e`c /4
,itji Use't�rily - - • ,
Voter Registration Verification: ❑ Y-es ❑ No
Appointment date:
Term expires -._
Commission Requested: �
Name ---`--
STATEMENT
Use this space to list your goals and objectives and why you feel you should be appointed to the
commission for which you are applying. Please include any additional information you foa| | | be
beneficial to the Council in consideration of your appointment to this commission.
�
Date:—It// Z�/
/
�
I).Aa
Notice: Please beadvised that you and your qualifications may bo discussed bv the City Council atanopen
nnoetivo
This Application and Statement of Qualification will be kept onRe for two C8years. During this time, should a
vacancy eoabnO0foppo/nbnont,youTapp0oaoon
v� that you ou bn�current proof ofneo�encyat the �
m
e
w�Ybe included /n the pool nfepp&:antnpno�ded how m
of said recruitment. Failure to provide current proof of residency with each recruitment, will invalidate this
application.