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20220118 Late CorrespondenceTO: FROM: DATE: SUBJECT: CITYOF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK JANUARY 18, 2022 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material presented for tonight's meeting. Item No. 1 3 4 5 Description of Material Email exchange between City Manager Mihranian, Jonathan Kaji and Dwight Hatano Emails from: Mickey Radich; Elliot Levy; Sandra Valeri Attachment B (Notice of Proposed Solid Waste Rate Adjustments and Public Hearing); Email exchange between City Manager Mihranian and Christy Kelly; Email exchange between Senior Administrative Analyst Ramezani and Carol Mueller; Emails from: Jo Ann Rodda Email from Constance Turner (SCE) ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, January 17, 2022**. Respectfully submitted, ~~ Tere~kaoka L:\LATE CORRESPONDENCE\2022\2022 Coversheets\20220118 additions revisions to agenda.docx From: Sent: To: Subject: Late corr Karina Banales Tuesday, January 18, 2022 3:58 PM CityClerk FW: Hatano Family Farm From: Dwight Hatano <dhatanol@gmail.com> Sent: Tuesday, January 18, 2022 3:48 PM To: Ara Mihranian <AraM@rpvca.gov>; John Cruikshank <John.Cruikshank@rpvca.gov>; Barbara Ferraro <barbara.ferraro@rpvca.gov>; David Bradley <david.bradley@rpvca.gov>; Ken Dyda <Ken.Dyda@rpvca.gov>; Eric Alegria <Eric.Alegria@rpvca.gov>; Karina Banales <kbanales@rpvca.gov> Subject: Re: Hatano Family Farm Happy New Year to the RPV Governing body! First, I hope everyone was able to spend some quality time with family and friends over the holidays. As Jon Kaji has noted in the email trail below, I would welcome the opportunity to see the establishment of a National Historic Site (NHS) in honor of Japanese American farmers in the South Bay. One logical location would be somewhere on the Hatano Farms (my dad's) lease area at UPV, as it is the last Japanese American Farm in PV. To that end, I had an informative conversation with Ms. Brenda Ling-Acting Superintendent, Manzanar Historic Site. At her direction, I have reached out to Elaine Jackson-Retondo, Preservation Partnership Program Manager & Regional Historian, Pacific West Regional Office, National Park Service (NPS) for further assistance. It's my understanding that the NPS can do a small study (special resource study) about the site's feasibility for an NHS. I'll defer to the City Council in regards to the political process for the establishment for a NHS. However, I am asking for the Council to allocate the appropriate time for a NHS to at least be considered. Lastly, I understand the Hatano Farm lease is on the agenda for tonight's City Council meeting (1/18/2022) to reconsider the eviction of my dad's caretaker and former foreman, Martin Martinez. At this time, I'm asking the city council to reconsider terminating the Hatano Farms lease. The public outreach has been incredible. It would seem prudent to have further analysis conducted as to the best use of the Hatano Farm area (Community Garden, Native Habitat, etc.) in conjunction with the establishment of a NHS honoring the Japanese American farmers on the Peninsula. Please feel free to call or email me if you have any questions. I look forward to following the City Council's recommendations in regards to repurposing the Hatano Farms area. Kindest Regards, Dwight Hatano 1 /. C tt714 308 0005 Dhatano1@gmail.com Sent from my iPad On Jan 10, 2022, at 6:36 PM, Jon Kaji <jonkaji@gmail.com> wrote: Great. Please feel free to reference Manzanar and JANM. Jonathan Kaji Kaji & Associates 18527 S Western Avenue #15 Gardena, CA 90248 Cell (310)429-7170 DRE #00879502 On Mon, Jan 10, 2022, 6:33 PM Ara Mihranian <AraM@rpvca.gov> wrote: Absolutely -I appreciate that. I intent to speak to David Siegenthaler with the NPS about this over the next few days. Ara Michael Mihranian City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 310-544-5293 (fax) aram@rpvca.gov 2 www.rpvca.gov Do you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged, conficlontial and/or protoctecl from disclosure. The information is intended only fo1-use of the individual or entity named. Unauthor-izcd dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or arc not an intended recipient, please notify the sender irnrnecliately. Thank you for your assistance ancl cooperation. From: Jon Kaji <jonkaji@gmail.com> Sent: Monday, January 10, 2022 6:22 PM To: Ara Mihranian <AraM@rpvca.gov> Cc: John Cruikshank <John.Cruikshank@rpvca.gov>; Dwight Hatano <dhatanol@gmail.com>; Karina Banales <kbanales@rpvca.gov> Subject: Re: Hatano Family Farm Dear Mr. Mihranian: Thank you for your acknowledgement. If I may serve as a resource to the City's efforts, please let me know. 3 Best regards, Jonathan Kaji Kaji & Associates 18527 S Western Avenue #15 Gardena, CA 90248 Cell (310)429-7170 DRE #00879502 On Mon, Jan 10, 2022, 6:13 PM Ara Mihranian <AraM@rpvca.gov> wrote: Jon, Thank you for reaching out and providing me with information on designating the farm area as a National Historic Site through the National Park Service (NPS). That never came up in discussions over the past several years with the NPS. i i The City Council will be considering whether to reconsider its November 16 motion at the upcoming January 18 meeting. t l Your email will be attached to the staff report along with other public comments · received since November 16. If the Council decides to reconsider, the discussion will occur at a future meeting. I will send you a copy of the January 18 staff report when its published tomorrow evening. Ara Ara Michael Mihranian City Manager 4 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 310-544-5293 (fax) aram@rpvca.gov www.rpvca.gov Do you really need to print this e-mail? This e-mail message contains information belon9inq to the City of Rancho Palos Vercles, which rnay lK\ privil£!gecl, confidential and/ol' protcctecl from disclosu1·e, The inforrnation is intended only for use of the individual or entity named, Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this email in error, or· are not an intended recipient, please notify the sender immediately. Thank you for your assi,;lance ancl cooperation. From: Jon Kaji <jonkaji@gmail.com> Sent: Monday, January 10, 2022 10:00 AM To: Ara Mihranian <AraM@rpvca.gov> Cc: John Cruikshank <John.Cruikshank@rpvca.gov>; Dwight Hatano <dhatano1@gmail.com> Subject: Hatano Family Farm 5 Dear City Manager: I am forwarding an email string of correspondence between myself, Councilman Cruickshank and Ms. Brenda Ling, Acting Superintendent of the Manzanar National Historic Site, managed by the National Parks Service. I am a property owner in Rancho Palos Verdes. My family has been in the South Bay for more than 100 years. My maternal grandfather, Dr. Kikuwo Tashiro, was a medical doctor based in Gardena, whose patients included the Japanese farming families on the Peninsula. My father, Bruce Kaji, was the founder of the Japanese American National Museum (JANM) based in Los Angeles. During World War II, my father and his family were forcibly relocated to Manzanar Relocation Center. I helped to organize JANM in the 1970's and served on the JANM Board of Governors. Most recently, I led the effort to have the University of Southern California issue an apology and posthumous honorary degrees to former Nisei students denied their academic transcripts due to institutional racism (see attachment). I believe there is a pathway for the City of Rancho Palos Verdes to satisfy the condition of the Federal land transfer by designating the Hatano Farm as a National Historic site. The email with Ms. Ling provides resources for starting the process. Staying the eviction action against Mr. Martin Martinez during the small study and designation process will enable the residenls and slakehulders time to fully-participate. Mr. Martinez will be able to continue to farm the site uninterrupted. 6 The end result will create a significant cultural and historic asset to the City of Rancho Palos Verdes, honoring the agricultural contributions of the Japanese farmers and adding to the range of attractions on the Peninsula. The Hatano farm will represent one of the few National Historic sites in the South Bay area. Lastly, I have been in contact with the Hatano family who would support this effort. Please feel free to contact me if you have any questions. Jonathan Kaji Kaji & Associates 18527 S Western Avenue #15 Gardena, CA 90248 Cell (310)429-7170 DRE #00879502 ----------Forwarded message --------- From: Jon Kaji <jonkaji@gmail.com> Date: Wed, Dec 8, 2021, 2:45 PM Subject: Fwd: Resources_Designating sites To: John Cruikshank <iohn.cruikshank@rpvca.gov> Dear John: I received a response from the NPS staffer from the Manzanar National Historic Site. One approach is to have the Hatano Farm designated as a Federal National Historic site. A designation would require the support of the City of Rancho Palos Verdes. A "small study" requires the support of Congressman Ted Lieu requesting the National Parks Service to determine the suitability and qualifications for the Hatano Farm. I am of the opinion that the site meets the basic criteria for Historic Site designation, as the last Japanese farm on the Palos Verdes Peninsula, the history of Japanese farmers in Los Angeles County, 7 California and the Western United States from the late 1800's to 1942, and helping to create the California agricultural industry which is the largest producer in the United States. While it's early, I have reached out to the Hatano family and they, in turn, will be contacting the other Japanese families. Please let me know when the item will come up on the City Council's agenda. In advance of the meeting, we can discuss the Federal designation with yourself and City staff, along with the families. think it would be a tremendous value-add to the City of Rancho Palos Verdes. Best regards, Jonathan Kaji President Kaji & Associates 18527 South Western Avenue, #15 Gardena, CA 90248 1 cell: (310)429-7170 tel: (310)327-7790 ext 222 DRE #00879502 ----------Forwarded message--------- From: Ling, Brenda N <brenda ling@nps.gov> Date: Wed, Dec 8, 2021 at 11:10 AM Subject: Resources_Designating sites To: jonkaji@gmail.com <jonkaji@gmail.com> 1 Hi Jonathan, Here are some links and info re: designating a cultural and historic site. 8 • https://www.nps.gov/orgs/1582/index.htm Contact: Elaine Jackson-Retondo, Preservation Partnership Program Manager & Regional Historian, Pacific West Regional Office, National Park Service elaine jackson-retondo@nps.gov; (work) 415-623-2368; (cell) 510-410-2315 • https :ijsavi ngplaces. org/ stories/preservation-ti ps-tools-designate-h isto ric-place- com mun ity#. Yb DZG r3 MK Uk • The NPS can do a small study (special resource study) about the site's feasibility and if a larger study is needed. That request has to come from a member of Congress. If you have additional questions, please do not hesitate to give me a call. Brenda Brenda Ling (she, her) Acting Superintendent Manzanar National Historic Site National Park Service. U.S. Dept. of the Interior (cell) 347-216-0395 5001 Hwy 395, PO Box 426 Independence, CA 93626 www.nps.gov/manz Follow us on lnstagram: https://www.instagram.com/manzanarnps/ Like us on Facebook: https://www.facebook.com/ManzanarNationalHistoricSite 9 From: Sent: To: Subject: Karina Banales Tuesday, January 18, 2022 8:57 AM CityClerk FW: CC Meeting 01 /18/22: Item #3 -Forrestal Preserve Parking From: Mickey Rodich <mickeyrodich@gmail.com> Sent: Monday, January 17, 2022 6:03 PM To: CC <CC@rpvca.gov> Subject: Fwd: CC Meeting 01/18/22: Item #3 -Forrestal Preserve Parking Item #3-Forrestal Preserve Parking Plan: My neighbors got blue in the face, after attending numerous meetings on the new Ladera Linda Park and suggesting that adequate parking be provided in the new park for the preserve. No one listened. Because Staff never included the Preserve parking in the new Ladera Linda park plan, preserve parking is now an afterthought and is now a crisis that must be resolved right now and built before closing down Ladera Linda. Councilman Bradley was one who felt that since upper Forrestal is already a paved road, it could easily be available for preserve parking while the new Ladera Linda park is completed at very little cost. Staff came up with a proposal to provide perpendicular parking on upper Forrestal, with design consultant Kittleson & Assoc. late last year, that had a consultant cost of around $76,000 plus construction costs that could reach a total of $300,000 and Councilman Cruikshank commented that was way too much money to spend for a temporary parking plan. Somehow that has evolved into the present $80,000 consultant version, which includes 2 turn arounds, another gate and walkways that further reduces the overall width of Forrestal, which staff states was not wide enough to begin with. This plan, of course, does not have any total 1 3 costs that include consulting fees plus construction fees, plus additional items such as automatic visitor count technology, just like the total current cost estimate for the new Ladera Linda park itself has never been disclosed. This piecemeal project cost must be stopped by the City Council and total budgets should be stated up front for all projects. I take exception to comments on Page #2, Paragraph 2 of the staff report, where it states "Additionally Staff proposed that the plan include permanent traffic data collection devices, etc.". This was first suggested by Jessica Flaco on numerous occasions during numerous meetings and comments she made. I am not a traffic consultant, but when your consultant claims to be reducing costs by placing the parking on the (landward) side of Forrestal and adding a pedestrian path with flexible bollards and signs instead of parking on the seaward side where there are existing curbs, where no bollards are needed, will reduce costs. Having candlestick bollards separating the pedestrian path from the parking vehicles is nowhere near as safe as a concrete curb on the seaward side. Someone will have a full time job replacing the candlestick bollards that will be constantly knocked down, damaged and destroyed by the parking vehicles. Just think of the 91 Freeway Toll Road that constantly has to replace damaged and destroyed candlestick bollards or even the ones located in our city. Traffic presently has to turn around to park on the seward side of the road so it doesn't make any difference if they have to turn around when they enter or when they leave. Now for the traffic circles, their cost is not justified. The curbs are painted red as you approach the present gate on Forrestal which allows approaching vehicles to turn around when the gate is closed. Why do we need to add more expense for traffic circles? I don't see the need nor expense to have a 10' by 30' shelter in the parking area. What is its purpose? Will they be directing traffic or parking or pass out brochures? This only further increases the overall costs. 2 And last but not least, where is the $800,000 Project Manager? The Project Manager should have been involved long ago to monitor this project. The purpose of a Project Manager is to be deeply involved with all phases of a project and to be specifying project objectives and plans including delineation of scope, budgeting, scheduling, setting performance requirements, and selecting project participants. Maximizing the resource efficiency through procurement of labor, materials and equipment. Implementing various operations through proper coordination and control of planning, design, estimating, contracting and construction in the entire process. I guess our Parks and Rec. and Public works Departments has taken care of all of the above responsibilities except for the last 5 words: "construction in the entire process". 3 From: Elliot Levy <elliotlevy@gmail.com> Monday, January 17, 2022 6:55 PM CC; CityClerk Sent: To: Cc: Ara Mihranian; Ramzi Awwad; Daniel Trautner; Cory Linder Subject: Preventing Another Preserve Parking Debacle -City Council Meeting January 18, 2022 - Regular Business item 3 Dear Councilmembers, I'm very concerned that the plan you're considering tomorrow for parking behind the Forrestal gate will result in unintended consequences for our Ladera Linda neighborhood --while also setting a bad precedent of prioritizing the preferences of residents of neighborhoods around Del Cerro Park over those of all other RPV city residents. When we first asked the City to come up with a parking plan to accommodate the spaces that would be lost during Ladera Linda Park construction, we were told the Council would be careful to avoid creating another Del Cerro mess in our neighborhood. I met with Councilmembers Cruikshank and Alegria on Forrestal Drive last April to review our concerns about parking and access to Preserve as well as the issues with crime, trash and fires that had led to the installation of the gate many years ago. The plan that Staff has now proposed requires $80,000 as just a start to open up the gate and create an attractive new parking area within steps of sensitive Preserve habitat. All of the Preserve visitors who have finally been directed away from Del Cerro will now be enticed to come park in this convenient new free parking lot adjacent to the Forrestal Preserve within our once quiet Ladera Linda neighborhood. Before voting on this plan, I urge you to consider the following: 1. Before allocating $SOK for parking on Forrestal, please consider all available parking areas for Preserve visitors, including the Gateway lot and existing public parking spaces on Forrestal below the gate and on Trump National Drive. If the council is concerned about left turns and U-turns while accessing the Gateway lot, the City could easily install flexible plastic bollards along the PVDS median to prevent dangerous turns. Staff are proposing the same bollards to control traffic on Forrestal. 2. Our Ladera Linda neighborhood needs some relief from the City during the next few years, when we are set to be inundated by heavy truck traffic, noise and pollution for construction of Ladera Linda Park, in addition to the already steady stream of Preserve hikers, bikers and equestrians looking for parking on narrow Forrestal Drive. This is going to be a very challenging and stressful time for our neighborhood, and I'm hoping that the Council can help encourage staff to show our Ladera Linda neighborhood the same courtesy and attention that has been focused on controlling parking and traffic issues at Del Cerro. Keep in mind the City has not yet made any improvements to the intersection of Forrestal and PVDS, where left turns on weekends have been a challenge for the last few years due to the increase in Preserve visitors. This intersection is not equipped to handle even more traffic. 3. If after evaluating other available parking areas, the Council determines that parking behind the Forrestal gate is still needed, please limit use of this new parking area to weekends and holidays only. These are the only times when overflow parking beyond the existing spaces on Forrestal should be needed. We know from experience during AYSO games that the sound from the area behind the gate is going to bounce off the canyon walls into our neighborhood, not to mention the inc:eased trash, traffic and risk of crimes and fires for this 3 isolated area, so it's sensible to keep the gate closed except during those times when additional parking is absolutely required. 4. During Ladera Linda Park construction, any parking behind the Forrestal gate should be controlled using the ParkMobile reservation system. Thanks to the extensive work that has already been done at Del Cerro, the City has a proven tool in the ParkMobile system that can be used to control use of this limited parking area while also giving the city a record of visitors to the ecologically sensitive Preserve. Why wouldn't we want to implement this tool? Deputy Director Trautner has confirmed the setup costs and annual fee for this system at Del Cerro were approximately $28K. Assuming similar costs at Forrestal, the City could recoup these costs in approximately 7 months if each of the proposed 48 spaces were reserved even once per weekend day for the $10 parking fee ($960 per weekend for 29 weeks). The City can assess whether to keep such a system in place once ladera Linda construction is completed and the need for parking in and around the new park is determined. 5. Any plan to open the Forrestal gate to more visitors must include a security plan to control the parties and dumping that were common on this isolated roadway before the gate was installed. Councilmember Cruikshank cited the availability of "new technology" as a reason to consider opening the gate when this topic was last debated in September, yet the plan before you does not contain any security cameras or other tools. Director Awwad has indicated security plans will be added later, but at this stage we have no idea what the cost of securing this area might be. Our neighborhood and city cannot afford the significant risks of seeing Forrestal turned into a magnet for smash-and-grab crimes and other bad behavior likely to occur on this isolated stretch. A fair plan for Forrestal Preserve parking must include the same level of respect and investment that was shown to the neighbors around Del Cerro Park. We need your help to reject the current plan and direct staff to assess all available parking areas for the Preserve. We know they can do it thanks to the good work that has been done to mitigate resident concerns at Del Cerro. I look forward to speaking with you tomorrow night. Best, Elliot Levy Ladera Linda homeowner 2 From: Sent: To: Subject: Sandy and Roger <srinpv@cox.net> Tuesday, January 18, 2022 3:29 PM CityClerk Comments to Agenda item 3 -Jan 18, 2022 CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Dear Council Members, I am filing the following remarks in response to Agenda item 3, Proposed Forrestal Preserve Parking and Management Plan. 1) First, there is NO management Plan presented in this concept report at all, so the title itself is a farce. You present ZERO plans for managing the parking situation after you create it. There are NO plans presented for parking patrol or enforcement. There is NO plan presented for managing the traffic, noise, trash, vandalism, or property destruction that has been present in every other area of public parking near the Preserve. There is NO information regarding enforcement of parking hours or other rules. The is no information regarding enforcement of large prohibited groups or commercial activities, like commercial bike rentals .. Please provide answers regarding ANY of the city's Management Plan for dealing with the new parking situation you are creating. 2) The City has held numerous workshops and events to solicit public input; why -it's all been a waste of time and money. The City has ignored every single input from the community. The City apparently had their own pans to push through and held these useless events to "fill in a box" and never cared about any of the public input. All of it has been ignored! Why deceive the public into making contributions if you plan on completely ignoring them no matter what the results? Please let the public know how much of the City's funds you have wasted in these useless "dog and pony show" events. 3) It is unclear if this is a "temporary" parking plan to allow public parking while construction in underway, or if it is planned as the final concept even after construction is completed. Please clarify if this is a permanent or temporary plan. 4) It is completely irresponsible to create and add more parking spaces than are required to support actual usage. Is it your plan to deliberately attract and bring more outside visitors into this small neighborhood with limited egress? The number of parking spaces allocated for the Preserve should be based on actual parking spaces currently used now to access the Preserve, not doubling and tripling that amount to create a public nuisance. Modify the plan to add just enough spaces to accommodate the actual number of Foresta! Preserve visitors, not enough to create new additional demand. 5) Your excuses for not using a paid reservation system for these new parking spaces ring hallow. Please make clear your true intent to simply move the Del Cerro "problem" to the Forrestal by offering unlimited free parking. 6) The nearby communities have repeatedly asked for traffic studies to assess the amount of traffic accessing Forrestal drive and the intersection at PVDS and Forrestal. The Staff report indicates that some traffic studies may be performed AFTER the new parking is put into place, but you also need to conduct a BASELINE study first in order to understand any impacts or changes caused by the new parking plan. How can you possibly measure changes if you have no idea where you are starting from? Please explain why you refuse to conduct a traffic study prior to construction. And if you honestly plan to do any traffic studies after construction, then please :rovide a plan and funding for it, not just empty word 3 7) The neighborhood has consistently asked for plans to mitigate the impact to public safety created by this new public nuisance. The city has only provided a few ideas on how they might protect the Community Center itself, but has failed to provide ANY plans on how they will protect the neighborhood. Please provide a Plan for protecting the safety of the neighborhood which you so cavalierly plan to destroy. 8) I want to ask every single member of the Council to honestly answer ONE question, Would you vote Yes to build this nuisance next to your own home? Would you vote to deliberately and knowingly increase traffic, noise, trash, crime and vandalism on your own neighborhood street? Would you vote yes without any plans in place to mitigate impact to the surrounding homes? Do you represent, all RPV residents, or just your own enclave? 9) Finally. limiting public comments exclusively to online only for ANY issue only serves to SILENCE the public and choke any debate or discussion. You are preventing the democratic participation of the public, and limiting access to even witness a supposedly open meeting. It's a travesty and mockery of the the Brown Act. I provide this comments knowing full well that it's highly unlikely that anyone will bother to read them or respond. Clearly the Council doesn't represent me or my neighborhood at all. Sincerely, Sandra Valeri 2 From: Sent: To: Cc: Ramzi Awwad Monday, January 17, 2022 9:16 PM cc Ara Mihranian; William Wynder; CityClerk Subject: Late Correspondence for Regular Business Item 4 -SB 1383 Regulatory Compliance Attachment B Attachments: Attachment B -Notice of Proposed Solid Waste Rate Adjustment and Public Hearing.docx Honorable Mayor and City Council members, Attached is the Notice of Proposed Solid Waste Rate Adjustments and Public Hearing, which is Attachment B for Regular Business Item 4: Consideration and possible action to approve an amended and restated franchise agreement for solid waste collection with EDCO Disposal Corporation. Sincerely, Ramzi Awwad Public Works Director rawwad@rpvca.gov Phone -{310) 544-5275 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov DOWNLOAD ?tt_:r·. ~ c,nnoo ~,,... Google Play Tlis c mail rnesi;age contains information belonging to the City of Rancho Palos Verdes, wl1ich may be p1·ivilcged, confidential ancl/m protected frorn disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, 01· copyin9 is strictly prohibited, If you received this ernail in error, or a1·e not an intended recipient, please notify the sender immediately. Thank you for your assistance and coope1·at:ion, Due to the current surge of the COVID-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through January 30, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. 1 L/. NOTICE OF PROPOSED SOLID WASTE RATE ADJUSTMENTS AND PUBLIC HEARING JANUARY 20, 2022 NOTICE IS HEREBY GIVEN that on Tuesday, March 15, 2022, at 7:00 p.m., a public hearing will be held at the City of Rancho Palos Verdes City Council Chambers located at 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275 to consider proposed adjustments to the City's residential solid waste rates. If approved by the City Council, the proposed rate adjustments will go into effect on April 1, 2022. The City of Rancho Palos Verdes (City) is subject to Proposition 218 and is required by law to charge its customers no more than the cost of providing solid waste and related services. Proposition 218 also contains specific notice and protest procedures for approving any increase in solid waste service rates. You are receiving this notice pursuant to the requirements of Proposition 218. WHY RATE ADJUSTMENTS ARE NECESSARY All cities in the State, including Rancho Palos Verdes, are subject to the most stringent solid waste legislation in California history. For City residents and businesses to remain in compliance with State Law, new services are necessary, none of which are funded by the State. Therefore, these services must be funded through the solid waste rates. This State unfunded mandate increases requirements for recyclables and organics in order to divert them from disposal in landfills. • State Senate Bill 1383 -mandates that California reduce organic waste by 75%, and increase edible food recovery by 20% by January 2025. As a result, green waste and food waste will no longer be able to be disposed of in the landfill. SB 1383 requires jurisdictions to allow food waste to be collected in residential green waste carts, which is then subjected to mandatory processing that significantly increases the cost of handling that material. SB 1383 also requires waste haulers to undertake new measures to reduce contamination, educate waste generators, procure recycled products with organics content, track and report on recycling participation, and assist local jurisdictions with enforcement of the State's new recycling requirements. The foregoing unfunded mandate will increase the cost of collection and processing of the waste stream in Rancho Palos Verdes. As a result, the City must increase the collection rates charged by the City's franchised waste hauler as shown below. PROPOSED SOLID WASTE RATES The proposed initial maximum rates (Rates) for solid waste collection services will be considered by the City as part of a restated and amended agreement between the City of Rancho Palos Verdes and EDCO Disposal Corporation (EDCO) for Solid Waste Collection Services (Agreement). This Agreement will ensure that the City will be in compliance with the new State mandates. The Rates include charges for automated curbside collection and bin collection for single-family and multi-family customers. The Rates represent the maximum amount that EDCO may charge ratepayers as full, entire, and complete compensation due pursuant to the Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit, overhead, disposal, transfer, profit, and all other things necessary to perform all the services required by the Agreement. Single family and multi-family dwellings with cart service are charged a monthly base rate (billed quarterly), which includes a refuse cart, a recycling cart, and an organics (green waste combined with food waste) recycling cart. Customers may choose to take additional carts for an additional charge. Multi- family dwellings with bin service are charged a monthly rate based on the number and size of bins, and the number of weekly pickups. The Agreement includes a clearly defined method for adjusting the rates for inflation on an annual basis. The annual inflation adjustment is based on the Consumer Price Index for All Urban Consumers (CPI-U), U. S. city average, (seasonally adjusted) for the Garbage and Trash Collection detailed expenditure category (Series ID: CUUROOOOSEHG02) published by the Bureau of Labor Statistics. The Rates are proposed to be automatically adjusted each year on July 1 over a period not to exceed five (5) years based on the CPI for Garbage and Trash Collection, and pursuant to Section 53756 of the Government Code. The City's solid waste rates were last adjusted effective July 1, 2020. If the proposed Rates are approved, they will go into effect on April 1, 2022, along with the new SB 1383-compliant services. These rates will not be adjusted again until July 2023, when they are scheduled for the annual inflation adjustment. The table below compares the current rates for typical residential cart and bin services with those proposed for April 1, 2022. PROPOSED MONTHLY SOLID WASTE SERVICE RATES Single-family Cart Rate• Multi• family 35-gallon 64-gallon 96-gallon Bin** Current Rate $22.54 $29.01 $35.45 $140.03 Proposed Rate $26.06 $33.54 $40.99 $144.23 Increase Amount $3.52 $4.53 $5.54 $4.20 Percent Change 15.6% 15.6% 15.6% 3.0% *State compliant 3-cart service including refuse, recycling, and organics carts. Monthly rate based on size of refuse cart. **Monthly rate for a single 3 cubic yard refuse bin serviced once per week. Organics carts and bins are offered at an additional charge. Recycling bins are offered at no additional charge. The entire proposed rate schedule can be viewed on the City's website at https://www.rpvca.gov/310/Solid-Waste-Programs. For more information regarding the State unfunded mandates please visit CalRecycle's website at: https://www.calrecycle.ca.gov/ 8-1 PUBLIC HEARING AND PROTEST PROCEEDINGS Property owners, as defined under Proposition 218, may protest the proposed rate adjustment in writing prior to or during the public hearing. Consistent with the provisions of Proposition 218 and Government Code Section 53755, this notice has been mailed to all record owners of the affected properties at the addresses as they appear on the latest equalized assessment roll. If you are a property owner as defined under Proposition 218 and object to the proposed rates as described in this Notice, you may file a written protest with the City at or before the time set for the public hearing. Original written protests can be mailed or personally delivered to the City Clerk, but must be received by no later than the close of the public hearing on March 15, 2022. Written protests should be mailed to: City Clerk City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 A valid written protest must include: 1. The name of the record owner or owners of the property; and 2. Identification of the property by either assessor's parcel number or street address; and 3. A statement of protest ("I/we protest" will suffice); and 4. The original signature of the protesting owner or owners (photocopies, electronic mail, electronic copies, e-comments, or faxes will not be accepted). Each property owner will be counted as a single vote, regardless of the number of owners. Multiple protests returned for a single property will be disallowed. The City Clerk will only count one protest per property, even if the parcel has multiple owners. The City Clerk will determine the validity of all protests submitted and exclude any invalid protests from the final tabulation. The City Clerk may confer with the City Attorney in determining the validity of written protests. As part of this process, the City Attorney may view contested or suspect protest forms. The City Clerk's decision shall be final and binding. If you have any questions regarding this Notice or the proposed rate adjustments, or would like more information, please email Lauren Ramezani at: Laurenr@rpvca.gov ~ 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 B-2 From: Ara Mihranian Sent: Tuesday, January 18, 2022 9:39 AM To: Cc: Christy Kelly; Lauren Ramezani; Ramzi Awwad CC; CityClerk Subject: RE: Organic recycling option -staff report for 1 /18/22 meeting Good morning Christy, I am so glad to hear that you and others in the City are already recycling (and composting) organic waste -you are certainly ahead of others in this arena. The City will consider posting public announcements and educational materials on composting organic waste. Your email will be provided to the City Council in advance of tonight's meeting. Ara Ara Michael Mihranian City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 310-544-5293 (fax) aram@rpvca.gov www.rpvca.gov ~ Do you really need to print this e-mail? This e rnail message contains information belonging to the City of Rancho Palos V(!rdcs, which may be privileged, confic1ential ancl/or protected frorn disclo.sure. The information is intended only for use of the individual or entity narned. Unauthorized cl1ssernination, distribution, or· copying is stridly prohibitecl. If you received this email in error·, or are not: an intended recipient, please notify the sender irnmecliately. Thank you for your assistance ancl cooperation. 1 DOWNLOAD 'hl1r A~iloblor In th• App Stor~ and Googl ♦ Pfoy ~ GETITON ~ Google Play From: Christy Kelly <2ckelly@gmail.com> Sent: Tuesday, January 18, 2022 8:51 AM To: Lauren Ramezani <LaurenR@rpvca.gov>; Ramzi Awwad <rawwad@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: Organic recycling option -staff report for 1/18/22 meeting Good morning, I just noticed the staff report for tonight's meeting regarding EDCO and the future plan to implement the new organic waste recycling program. Please consider and put on the record that many RPV residents, like myself, may already be 'recycling' organic waste on our properties and using the resulting compost on our own land. Other residents may like to learn how to compost their organic waste. Please include this option in future reporting and analysis when making decisions and developing options to comply. Unlike other cities, our unique rural properties are ideally suited for this natural method of recycling. Thank you, Christy Kelly 2 Subject: FW: When will organics recycling begin in RPV? From: Carol Mueller <cmuell@verizon.net> Sent: Tuesday, January 18, 2022 2:11 PM To: Lauren Ramezani <LaurenR@rpvca.gov>; CC <CC@rpvca.gov> Subject: Fwd: When will organics recycling begin in RPV? Do you have a rough draft of the proposed changes to the current EDCO contract? If so, please email it to me. There are several people who are in a state of shock over the secrecy of this Socialist movement, but what can we expect from employee/s who can't even figure a 20% discount using a calculator. I think the attachment suggests a 15.6% increase for EDCO. How about some recalls? It has been well publicized that there has been little inflation ... in fact, 5.8% per SS for seniors. Carol Mueller -----Original Message----- From: Lauren Ramezani <LaurenR@rpvca.gov> To: Carol Mueller <cmuell@verizon.net> Sent: Tue, Jan 18, 2022 1:51 pm Subject: RE: When will organics recycling begin in RPV? Carol, Thank you for reaching out. The City plans to implement organic/food recycling for all single and multi-family residential units and commercial establishments throughout the City within the next few months. More information including outreach and implementation details will be provided in the next 1-2 months. There would be a rate increase to implement this State mandated new program. The goal is to have more organic material recycled. The rate increase would depend on the size of the trash container/bin. The rate increase will be across the board whether a person or property recycles or not. I am attaching a copy of the staff report with details on the rates and services. https://rpv.granicus.com/MetaViewer.php?view id=5&event id=1705&meta id= 100082 Thanks Lauren Ramezani Sr. Administrative Analyst-Public Works L~ City of Rancho Palos Verdes 310-544-5245 30940 Hawthorne Blvd, RPV CA 90275 Laurenr@rpvca.gov http://www.rpvca.gov From: Carol Mueller <cmuell@verizon.net> Sent: Monday, January 17, 2022 7:22 PM 1 1-/. To: CC <CC@rpvca.gov> Subject: Fwd: When will organics recycling begin in RPV? So how much is this going to cost us and what about the people who live in apartments/Condos, etc. So is this going to be a monthly charge even ifwe do not waste any food, etc.? The plumbers are not going to be very happy about this ... or are people just going to flush down the stool ... then the plumbers will be dancing with joy!!!! Come on, some common sense anybody? When are we going to get these questions answered ... including can get get a piggy or hog to slop like in the old days? Maybe a good idea considering that bacon is now $10/lb in most stores!!!! I can hear it now, California the land of maggots. And, if you don't live in CA, don't worry it will come to your state next! Carol -----Original Message----- From: Do Not Reply@rpvca.gov <listserv@civicplus.com> To: cmuell@verizon.net Sent: Mon, Jan 17, 2022 4: 17 pm Subject: When will organics recycling begin in RPV? When will organics recycling begin in RPV? 2 You may have heard that because of a new law that went into effect on January 1, Californians are now required to separate organics waste, such as leftover food and kitchen scraps, from their trash and place it in their green waste bins. What does this mean for RPV? SB 1383 aims to reduce methane emissions by diverting organics waste from landfills for other uses like compost, mulch, and renewable energy. While the law is now in effect, cities have been given time to transition to offering organics waste collection to their residents and businesses. Rancho Palos Verdes has not yet made the transition. On January 18, the City Council will consider entering an agreement with EDCO to provide organics waste collection to residential customers after April 1. This includes proposed rate increases. A staff report with more information is available at: ow.ly/7Yru50HuVo7 When the City implements organics waste collection, residents and businesses will be made aware through a robust outreach campaign. Please stay tuned for updates. Dshare on Facebook Dshare on Twitter Copyright 2019 Rancho Palos Verdes. All Rights Reserved. 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 If you no longer wish to receive emails from us, you may Unsubscribe . Email not displaying correctly? View it in your brov','$('.;t· . 3 Dshare via Email Powered by From: Teresa Takaoka Sent: To: Tuesday, January 18, 2022 9:06 AM Nathan Zweizig Subject: FW: When will organics recycling begin in RPV? Late corr From: Jo Ann Rodda <joannrodda@joannrodda.com> Sent: Monday, January 17, 2022 9:18 PM To: Carol Mueller <cmuell@verizon.net> Cc: CC <CC@rpvca.gov> Subject: Re: When will organics recycling begin in RPV? We have been doing this in Manhattan for years. I compost everything, but meat. Since I don't use my green bin, I put it in my neighbor green bin. They do not charge us for green bins. Jo Ann Rodda, "The Old Pro" Broker-owner A Jo Ann Rodda Real Estate Co 310-379-7966 cell 310-714-0200 On Mon, Jan 17, 2022 at 7:22 PM Carol Mueller <cmuell@verizon.net> wrote: So how much is this going to cost us and what about the people who live in apartments/Condos, etc. So is this going to be a monthly charge even if we do not waste any food, etc.? The plumbers are not going to be very happy about this ... or are people just going to flush down the stool ... then the plumbers will be dancing with joy!!!! Come on, some common sense anybody? When are we going to get these questions answered ... including can get get a piggy or hog to slop like in the old days? Maybe a good idea considering that bacon is now $10/lb in most stores!!!! I can hear it now, California the land of maggots. And, if you don't live in CA, don't worry it will come to your state next! Carol -----Original Message----- From: Do Not Reply@rpvca.gov <listserv@civicplus.com> To: cmuell@verizon.net Sent: Mon, Jan 17, 2022 4:17 pm Subject: When will organics recycling begin in RPV? 1 When will organics recycling begin in RPV? You may have heard that because of a new law that went into effect on January 1, Californians are now required to separate organics waste, such as leftover food and kitchen scraps, from their trash and place it in their green waste bins. What does this mean for RPV? SB 1383 aims to reduce methane emissions by diverting organics waste from landfills for other uses like compost, mulch, and renewable energy. While the law is now in effect, cities have been given time to transition to offering organics waste collection to their residents and businesses. Rancho Palos Verdes has not yet made the transition. On January 18, the City Council will consider entering an agreement with EDCO to provide organics waste collection to residential customers after April 1. This includes proposed rate increases. A staff report with more information is available at: ow.ly/7Yru50HuVo7 When the City implements organics waste collection, residents and businesses will be made aware through a robust outreach campaign. Please stay tuned for updates. Dshare on Facebook Dshare on Twitter Dshare via Email 2 Copyright 2019 Rancho Palos Verdes. All Rights Reserved. 30940 Hawthorne Blvd, Rancho Palos Verdes, CA 90275 If you no longer wish to receive emails from us, you may Unsubscribe . 3 Powered bv From: Sent: To: Cc : Karina Banales Tuesday, January 18, 2022 9:05 AM CityClerk Jesse Villalpando; Ramzi Awwad ; Ara Mihranian Subject: FW: Jesse Villalpando's Emergency White Paper (We are asking that this paper be pulled from the agenda until it can be reviewed thoroughly by the utilities to assure the printed information is correct). Attachments: RPV _ Villalpando_ White Paper .pdf Hi team, Please include as late corr. -K From: Ramzi Awwad <rawwad@rpvca .gov> Sent: Tuesday, January 18, 2022 8:13 AM To: Jesse Villalpando <jvillalpando@rpvca.gov> Cc: Karina Banales <kbanales@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: FW: Jesse Villalpando's Emergency White Paper (We are asking that this paper be pulled from the agenda until it can be reviewed thoroughly by the utilities to assure the printed information is correct). Jesse -please see below from Connie Turner with SCE. I think she reached out to me because I typically interface with her on City issues. You'll probably want to connect with her directly, but let me know if I can help . Thanks. Ramzi From: Constance Turner <Constance .Turner@sce.com > Sent: Tuesday, January 18 , 2022 7 :43 AM To: Ramzi Awwad <rawwad@rpvca.gov > Subject: Jesse Villalpando's Emergency White Paper (We are asking that this paper be pulled from the agenda until it can be reviewed thoroughly by the utilities to assure the printed information is correct). CAUTION: This email originated from outside of the Cit of Rancho Palos Verdes. Ramzi, There are several inaccuracies in this white paper that I identified and need to be corrected regarding Southern California Edison: (1). SCE does not own the Harbor Generating Station, it is owned by L.A. DWP and operated by L.A. DWP. It is not one of SCE's facilities. SCE purchases its power from the Power Exchange. 1 5. (2). Rolling Hills Estates is a member of a Community Choice Aggregator and Edison does not purchase its' power, however, we do distribute it over our system to Rolling Hills Estates customers. (3). Utilities have not been invited to these emergency committee meetings, chaired by Jesse for some time now, and had no direct input into this specific white paper. SCE, however, does cover our Edison Reliability Report each year with the cities on the Peninsula. In addition, we include Public Power Shutoff Information (Fire Safety) in these meetings as well. Your Revised Paper on the 1/18/2022 agenda Reads as follows: Southern California Edison (SCE} provides the supply of electrical power to municipal, commercial, and residential customers on the Palos Verdes Peninsula. SCE operates the Harbor Generating Station, a 474-megawatt natural gas facility located south of Wilmington, which supplies a majority of electrical power to the Palos Verdes Peninsula. I was not able to pull your revised report off of the agenda this morning, however, the data remains the same as it was shared on your original draft, and it is inaccurate. I am sharing the white paper with my fellow/sister utilities so they can check their respective information as well. Perhaps it would be beneficial to pull this item from tonight's agenda until each utility has had an opportunity to review the data printed about the respective utilities. I would willing to coordinate that "TEAMS Call". Thanks. Connie Turner Government Relations Manager Southern California Edison 2 CITYOF RA.NCHO PALOS VERDES VIRTUAL EMERGENCY PREPAREDNESS COMMITTEE MEETING Pursuant to Section 3 of Executive Order N-29 -20 , issued by Governor Newsom on March 17, 2020, the special meeting of the Emergency Preparedness Committee for August 19 , 2021, will be conducted via teleconferencing using the Zoom platform . For instructions on how to participate in the meeting , please fill out the form at http ://rpvca .gov/participate . AGENDA RANCHO PALOS VERDES EMERGENCY PREPAREDNESS ADVISORY COMMITTEE CITY HALL OF RANCHO PALOS VERDES/EMERGENCY OPERATIONS CENTER 30940 HAWTHORNE BOULEVARD, RANCHO PALOS VERDES, CA 90275 THE MEETING WILL NOT BE OPEN TO THE PUBLIC THURSDAY, August 19, 2021 7:00 P.M. -REGULAR MEETING [17:00 P.M. -REGULAR MEETING CALL TO ORDER: ROLL CALL: Committee Chair Maizlish Committee Member Boudreau Committee Member Braswell Committee Member Campbell Committee Member Colville Committee Member Robinson Committee Member Warner Ill Committee Chair Maizlish PLEDGE OF ALLEGIANCE: To be announced I APPROVAL OF AGENDA: I PUBLIC COMMENTS FOR NON-AGENDA ITEMS: During Public Comments any person may address the Emergency Preparedness Committee (EPC), provided that the item is within the subject matter jurisdiction of the EPC and is not otherwise on the agenda. Each speaker will be limited to three (3) minutes to address the EPC. Those wishing to address the EPC should refer to the separate cover for public participation options or visit www.rpvca.gov/participate I COMMITTEE REORGANIZATION: 1. Selection of Vice-Chair (Villalpando) Recommendation: If desired, solicit nominations from Committee members and select a vice-chair. I Approval of Minutes 2 . Minutes of July 15, 2021 (Villalpando) Recommendation: Approve the Minutes of the July 15, 2021, Regular Meeting . I OLD BUSINESS: This section contains items of general business. Prior to the vote of an item, each speaker will be limited to three (3) minutes to address the Emergency Preparedness Committee (EPC). Those wishing to address the EPC should refer to the separate cover for public participation options or visit www.rpvca .gov/participate . 3 . 4. Update on the Implementation of EPC Woolsey Fire After Action Report Recommendations (Villalpando) Recommendation: Receive and file an update on the implementation of EPC Woolsey Fire After Action Report Recommendations . Update on FY 2021-22 EPC Work Plan Subcommittees (Villalpando) Recommendation: Receive and file an update on the FY 2020-21 EPC Work Plan Subcommittees and provide further direction to staff. I NEW BUSINESS: This section contains items of general business. Prior to the vote of an item , each speaker will be limited to three (3) minutes to address the Emergency Preparedness Committee (EPC). Those wishing to address the EPC should refer to the separate cover for public participation options or visit www.rpvca .gov/participate . 5. 6 . 7 . Update of City 's Coronavirus Response and Preparation (Verbal Report) (Villalpando) Recommendation: Receive and file . Review of wireless service providers' Emergency Operations Plans Fillings With the California Public Utilities Commission's (CPUC) (Villalpando) Recommendation: Receive, file , and provide further direction to staff. Presentation on key takeaways and Lessons Learned from Meeting with the Wildfire Preparedness Coordination Meeting with Orange County FireWatch (Villalpando) Recommendation: Receive and file and provide further direction to staff. Emergency Preparedness Committee Agenda August 19 , 2021 Page 2 of 5 I FUTURE AGENDA ITEMS: This section is designated for individual Committee Members to request that an item be placed on a future EPC meeting agenda. Five minutes have been allotted for this section. I COMMITTEE MEMBERS ORAL REPORTS: This section is designated for oral reports from Committee Members to report the action taken at intergovernmental organizations, committee, or association meetings. Ten minutes have been allotted for this section. I ADJOURNMENT: Adjourn to a time and place certain only if the Committee wishes to meet prior to the next regular meeting. Emergency Preparedness Committee Agenda August 19, 2021 Page 3 of 5 Agendas and Staff Reports: Public Correspondence: Public Participation: Public Comments: Conduct at the EPC Meeting: Agendas and staff reports are available for public review within 72 hours of the meeting at City Hall, 30940 Hawthorne Boulevard during regular business hours, 7:30 AM . to 5:30 P.M . Monday - Thursday and 7:30 AM. to 4 :30 P.M . on Friday; Hesse Community Park, 29301 Hawthorne Boulevard during regular business hours Monday -Friday from 9:00 A.M . until dusk , Saturday and Sunday from 10:00 A.M. until dusk; and at the City 's website www.rpvca .gov Materials related to an item on an agenda submitted after distribution of the agenda packet are available for public inspection at the front counter of the lobby of the City Hall Administration Building at 30940 Hawthorne Boulevard , Rancho Palos Verdes during normal business hours. We highly encourage written materials regarding Emergency Preparedness Committee (EPC) Agenda items be submitted no later than 4:00 P.M . the Monday prior to a EPC meeting to allow the EPC ample time to review and consider the issues raised prior to making decisions at the EPC meeting. Please keep in mind that it is difficult for Committee Members to carefully review materials submitted after that deadline or at the meeting. Written materials, including emails , submitted to the EPC are public records and may be posted on the City 's website. Accordingly , you may wish to omit personal information from your written materials or oral presentation as it may become part of the public record regarding an agendized item . Participants must speak from the podium using the lectern microphone; comments are to be directed to the EPC and not to the staff or the public; repetition should be avoided ; and reading a submission that has been copied or contained in the agenda will be discouraged . The EPC may limit the public input on any item based on the number of people requesting to speak , the length of the agenda, or the business of the EPC . The Chair shall order removed any person(s) who commit the following acts at a EPC meeting: Disorderly, contemptuous or insolent behavior toward the Chair or any member thereof, tending to interrupt the due and orderly course of said meeting ; a breach of the peace , boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting; disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the EPC from the audience ; any other unlawful interference with the due and orderly course of the meeting. Emergency Preparedness Committee Agenda August 19, 2021 Page 4 of 5 Time Estimates: American with Disabilities Act: The time noted next to an agenda item is only an estimate of the amount of time that will be spent during the meeting on that particular item. Accordingly, these estimates should not be relied on in determining when a matter will be heard, especially since agenda items are often re-ordered during a meeting and may be discussed at any time. In compliance with the Americans with Disabilities Act, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please contact the City Manager's Office at least 48 hours prior to the meeting at any of the following: Jvillalpando@rpvca.gov; 310- 544-5209; 30940 Hawthorne Blvd., Rancho Palos Verdes, CA 90275. Emergency Preparedness Committee Agenda August 19, 2021 Page 5 of 5 CITYOF RANCHO PALOS VERDES EMERGENCY PREPAREDNESS COMMITTEE MEETING DATE: 08/19/2021 AGENDA REPORT AGENDA HEADING: Committee Reorganization AGENDA DESCRIPTION: Selection of Vice Chair RECOMMENDED COMMITTEE ACTION: If desired, solicit nominations from Committee members and select a vice chair. STAFF COORDINATOR: Jesse Villalpando, Emergency Services Coordinator T. v, BACKGROUND AND DISCUSSION: The City Council appointed Committee Member Maizlish as the chair of the Emergency Preparedness Committee for 2020 during its June 1, 2021 meeting. Prior to his election as a committee member, Maizlish served as the Committee's Vice Chair. With the election of Committee Member Maizlish as Committee Chair, the Committee is in need of a vice chair. Staff is seeking for the EPC to solicit nominations from Committee members and select a vice chair during tonight's meeting. MINUTES EMERGENCY PREPAREDNESS COMMITTEE REGULAR MEETING July 15, 2021 CALL TO ORDER: A regular meeting of the City of Rancho Palos Verdes Emergency Preparedness Committee was called to order by Chair Maizlish at 7:02 P.M. via teleconference/virtual meeting using the Zoom platform. The Committee roll call was answered as follows: PRESENT: Member Boudreau, Member Braswell, Member Campbell, Member Colville Member Robinson, Chair Maizlish ABSENT: Member Warner (Excused) Also, present were Deputy City Manager Karina Banales and Emergency Services Coordinator Jesse Villalpando. PLEDGE OF ALLEGIANCE: Member Colville led the pledge of allegiance. APPROVAL OF THE AGENDA: Member Colville moved, seconded by Member Boudreau, to approve the agenda. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Member Boudreau, Member Braswell, Member Campbell, Member Colville Member Robinson, and Chair Maizlish None Member Warner None PUBLIC COMMENTS FOR NON-AGENDA ITEMS: None APPROVAL OF MINUTES OF June 17, 2021 EMERGENCY PREPAREDNESS COMMITTEE MINUTES JULY 15, 2021 Page 1 of 6 Member Braswell noted typographical errors on page three of the meeting minutes, where the word "exiting" should be changed to "existing," and on page four, where the word "prosed" should be changed to "proposed." Additionally, Member Braswell noted several copy and paste errors in the listing of current EPC Workplan subcommittee members. Member Colville moved, and Member Robinson seconded to approve the June 17, 2021, meeting minutes as amended. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Member Boudreau, Member Braswell, Member Campbell, Member Colville, Member Robinson, and Chair Maizlish None Member Warner None OLD BUSINESS: REVIEW OF EPC PRESENTATION FOR A BIANNUAL STATUS REPORT TO THE CITY COUNCIL ON JULY 6 1 2021 (VILLALPANDO) Emergency Services Coordinator Jesse Villalpando presented a staff report on the overview of the EPC Presentation biannual status report to the City Council on July 6, 2021. Discussion ensued between the Emergency Preparedness Committee and staff regarding the biannual report presentation. The key takeaways from this discussion included a summary of the Council's comments and recommendations for the Emergency Preparedness Committee. This included the Council's recommendation that the EPC conduct an assessment of the viability and best practices for installing closed-circuit wildfire monitoring cameras;additional clarification on the Committee's goal of sending monthly emails to residents containing information about wildfires; and the Councils encouragement of the Committee to maintain an all-hazards approach to emergency preparedness rather than focusing primarily on wildfires. Further discussion ensued between the Emergency Preparedness Committee and staff regarding the Committee's recent outreach to representatives from the Orange County Fire Watch group regarding best practices for wildfire camera use. Member Boudreau motioned, and Member Braswell seconded to receive and file the Review of the EPC biannual status report to the City Council on July 6, 2021. The motion passed on the following roll call vote: EMERGENCY PREPAREDNESS COMMITTEE MINUTES JULY 15, 2021 Page 2 of 6 AYES: NOES: ABSENT: ABSTAIN: Member Boudreau, Member Braswell, Member Campbell, Member Colville, Member Robinson, and Chair Maizlish None Member Warner None UPDATE ON FY 2021-22 EPC WORK PLAN SUBCOMMITTEES (VILLALPANDO) Emergency Services Coordinator Jesse Villalpando presented an Update on FY 2020-21 EPC Work Plan Subcommittees. Discussion ensued between the Emergency Preparedness Committee (EPC) and staff regarding the progression of implementation for each of the 'Committee's Work Plan goals. The key takeaways from this discussion included an overview of the consolidation and deletion of the Committee's work plan Goals as directed by the Committee during the March 20 meeting and the need to further organize and simplify the Committee's matrix on work plan goals and status. Member Braswell motioned, and Member Colville seconded to receive and file the update on the FY 2021-22 EPC Work Plan Subcommittees. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Member Boudreau, Member Braswell, Member Campbell, Member Colville, Member Robinson, and Chair Maizlish None Member Warner None UPDATE OF THE 'CITY'S CORONA VIRUS RESPONSE AND PREPARATION (VILLALPANDO) Emergency Services Coordinator Villalpando briefed the Committee on the City's Coronavirus Response and Preparedness. Discussion ensued between the Emergency Preparedness Committee and Staff. Among the key takeaways from this discussion was an overview of the Palos Verdes Peninsula's current COVID-19 vaccination distribution rates, the City Staffs return to work plan, the current masking requirements in Los Angeles County, and an overview of the State's June 15 easing of physical distancing requirements and capacity restrictions. Member Braswell motioned, and Member Campbell seconded to receive and file the update on the 'City's Coronavirus Response and Preparation by Coordinator Villalpando. EMERGENCY PREPAREDNESS COMMITTEE MINUTES JULY 15, 2021 Page 3 of 6 The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Member Boudreau, Member Braswell, Member Campbell, Member Colville, Member Robinson, and Chair Maizlish None Member Warner None OVERVIEW OF THE 'CITY'S OPPOSITION TO SB 12, SB 55, AND SB 63 (VILLALPANDO) Emergency Services Coordinator Villalpando presented the committee an overview of the 'City's opposition to SB 12, SB 55, and SB 63. Discussion ensued between the Emergency Preparedness Committee and Staff regarding the Citys opposition to SB 12, SB 55 and SB 63. Key takeaways from this discussion included a summary of these bills' impact on the City's ability to retain local decision-making authority, which aided the Council's position. Member Campbell motioned, and Member Robinson seconded to receive and file the overview of the 'City's opposition to SB 12, SB 55, and SB 63. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Member Boudreau, Member Braswell, Member Campbell, Member Colville, Member Robinson, and Chair Maizlish None Member Warner None UPDATE ON THE CALIFORNIA PUBLIC UTILITIES 'COMMISSION'S (CPUC) DECISION ADOPTING WIRELESS PROVIDER RESILIENCY STRATEGIES (VILLALPANDO) Emergency Services Coordinator Jesse Villalpando provided an update on obtaining information from wireless and wireline communication providers, as mandated by the Public Utilities Commission's (CPUC) Decision Adopting Wireless Provider Resiliency Strategies. Discussion ensued between the Emergency Preparedness Committee and Staff regarding the resiliency information presented in these plans. EMERGENCY PREPAREDNESS COMMITTEE MINUTES JULY 15, 2021 Page 4 of 6 Key takeaways from this discussion included the Committee's concern in gleaning information on the resiliency of the capabilities of wireless facilities servicing the City during an emergency. The Committee further discussed the importance of developing a list of questions for discussion prior to requesting wireless carrier representatives to meet with the Committee in order to obtain the information the Committee would like to receive from the wireless carrier representatives. Member Braswell moved, and Member Campbell seconded, to (1) Direct staff to compile a list of questions for discussion in advance of requesting wireless carrier representatives to meet with the Committee; and (2) direct staff to set up a coordination meeting with the two major wireless providers to discuss their plans to implement the resiliency projects as required by the CPUC. The motion passed on the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Member Boudreau, Member Braswell, Member Campbell, Member Colville, Member Robinson, and Chair Maizlish None Member Warner None FUTURE AGENDA ITEMS: Selection of a Vice-Chair for the Emergency Preparedness Committee COMMUNICATIONS: COMMITTEE MEMBERS ORAL REPORTS: Chair Maizlish stated that he would like to extend an invitation to committee members to attend the monthly Mayor's Breakfast on behalf of the Emergency Preparedness Committee and asked committee members to let him know if they would like to attend. STAFF COMMUNICATIONS: None ADJOURNMENT: Member Braswell motioned, and Member Boudreau seconded to adjourn the meeting at 8:58 pm. The motion passed on the following roll call vote: EMERGENCY PREPAREDNESS COMMITTEE MINUTES JULY 15, 2021 Page 5 of 6 AYES: NOES: ABSENT: ABSTAIN: Member Boudreau, Member Braswell, Member Campbell, Member Colville, Member Robinson, Member Warner, and Chair Maizlish None Member Warner None EMERGENCY PREPAREDNESS COMMITTEE MINUTES JULY 15, 2021 Page 6 of 6 CITYOF RANCHO PALOS VERDES EMERGENCY PREPAREDNESS COMMITTEE AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 08/19/2021 AGENDA HEADING: Old Business Update on the Implementation of EPC Woolsey Fire After Action Report Recommendations RECOMMENDED COMMITTEE ACTION: Receive and file an update on the implementation of EPC Woolsey Fire After Action Report Recommendations and provide further direction to Staff. STAFF COORDINATOR: Jesse Villalpando, Emergency Services Coordinator T.v, ATTACHED SUPPORTING DOCUMENTS: A. EPC Woolsey Fire AAR Comments Summary B. Draft Peninsula Palos Verdes Peninsula Ingress & Egress Map C. Palos Verdes Peninsula Ingress and Egress Map and Strategy for Establishing Peninsula Wide Mass Evacuation Plans-PPSC August 12, 2021, Staff Report BACKGROUND: On June 18, 2020, after reviewing the final after-action report for the Woolsey Fire, the Committee reviewed its identified specific, actionable items relevant to emergency response planning in Rancho Palos Verdes .. A summary of the Committee's comments is included in this report (Attachment A). DISCUSSION: The Committee identified 21 actionable recommendations relevant to emergency response planning in Rancho Palos Verdes. The recommended improvements identified by the Committee fell into four overarching themes: • Communication: A need for enhanced & redundant emergency communication measures. • Playbook: A need for a Playback of flexible response plans with pre-identified scenarios adapted to specific fire locations and street closures. • Training and Mitigation Efforts: A need for continued engagement in training and exercises with City Staff, the Peninsula Cities, and collaboration with public safety agencies and residents. • Resources: A need for preposition emergency resources & supplies, including alternate EOC sites and trained Public Information Officers. During this evening's meeting, the City of Rancho Palos Emergency Services Coordinator will present the Committee with a high-level update on the Implementation of identified EPC Woolsey Fire After Action Report recommendations. Current Updates As of the writing of this staff report, the following has been accomplished by Staff regarding implementing these recommendations. Playbook: • Engage an experienced vendor to prepare a play book of flexible response plans with likely or possible scenarios and potential response actions. • Identify Peninsula-wide evacuation and repopulation plans. ⇒ During the August 12, 2021, Peninsula Public Safety Committee's (PPSC) meeting, City of Rolling Hills staff, and the City of Rancho Palos Verdes, Emergency Preparedness Coordinator, presented a draft map highlighting the Peninsula's four egress and ingress points to the Committee (Attachment B). ⇒ Additionally, the City of Rancho Palos Verdes Emergency Services Coordinator presented a strategy for developing Peninsula-wide mass evacuation plans and requested that the Committee consider hiring an experienced consultant to develop a comprehensive emergency operations evacuation "playbook" for the Peninsula that incorporates the components of an effective evacuation plan as outlined in the PPSC meeting's staff report (Attachment C). Next Steps • Following the Committee's discussion, the PPSC motioned that the City of Rancho Palos Verdes take the lead in developing and publishing a Request for Proposal for an independent third-party consultant to develop a comprehensive plan for the entire Palos Verdes Peninsula. Staff will continue to coordinate with the Emergency Preparedness Sub Committee and relevant organizations in the continued implementation of identified specific, actionable items relevant to emergency response planning in RPV in the Committee's review of the final after- action report for the Woolsey Fire. EPC Woolsey Fire AAR Comments Summary COMMUNICATIONS ■ Train additional Staff members to assist the City's Public Information Officer in the dissemination of uniformed and coordinated messaging before, during and immediately after a disaster. ■ Identify and implement a robust primary and secondary multi-channel emergency communication system anticipating possible utility outages. ■ Investigate the cost and feasibility of AM radio broadcast capabilities and/or some type of siren warning system for public notification and engage a vendor with experience in providing this service to other cities. PLAYBOOK ■ Engage an experienced vendor to prepare a playbook of flexible response plans with likely or possible scenarios and potential response actions. ■ Identify Peninsula-wide evacuation and repopulation plans. ■ Coordinate with local utility companies in receiving a quarterly updated contact list of medical base or special needs customers to be included in the playbook. ■ Establish proactive emergency alert sending policies with clear usage guidelines. ■ Collate currently established wildfire mitigation efforts and information for the Peninsula. o Obtain a copy of the County of Los Angeles Fire Department's Wildfire Response Book. o Obtain a copy of the annual brush inspection form 41 OB from the County of Los Angeles Fire Department. o Obtain a copy of the County of Los Angeles Department of Public Works Integrated Emergency Response Manual. ■ Request local fire stations to provide a list of streets on the Peninsula with inadequate clearances for fire apparatuses and dead end streets, in consideration of Red Flag Warning conditions. TRAINING AND MITIGATION EFFORTS ■ Engage in a training exercise with all four Peninsula cities, in collaboration with public safety agencies and residents, with the exercise including hands on response training assuming utility and communication outages. ■ Conduct ongoing EOC trainings for all City Staff. ■ Develop EOC operation redundancies that allow for continuous operation of the EOC even in times of transition. ■ Identify and promote existing Los Angeles County Fire Department home inspection programs for reducing wildfire risks and safeguarding or hardening homes that are available to all property owners, not just those bordering open space areas. ■ Integrate existing Neighborhood Watch programs to help identify residents in neighborhoods who need special assistance during a major event. ■ Design, develop and implement public service announcements and disaster preparedness educational materials to be provided to residents and visitors. RESOURCES ■ Provide a plan to equip local fire stations with generators for backup power capabilities. ■ Identify and preposition emergency resources and supplies to be used as needed. ■ Designate formal alternative EOC sites with reliable communication systems for the EOC outside of City limits, including the consideration of a mobile command center to house the EOC. RANCHO r-¾LOS VERDES SUPPLEMENTAL CITY CLERKS: PLEASE POST AGENDA PALOS VERDES PENINSULA PUBLIC SAFETY COMMITTEE THURSDAY, AUGUST 12, 2021 7:30 A.M. VIRTUAL MEETING Pursuant to Section 3 of Execut ive Order N-29-20 , issued by Governor Gavin Newsom on March 17, 2020 , the meeting of the Palos Verdes Peninsula Public Safety Committee for Thursday, August 12, 2021, at 7:30 a.m., will be conducted via teleconference using the Zoom platform . Please see separate cover for public participation options. I. CALL TO ORDER II. ROLL CALL Ill. PLEDGE OF ALLEGIANCE IV. PUBLIC COMMENT NOTE: This is the appropriate time for members of the public to make comments regarding items not listed on this agenda . Pursuant to the Brown Act, no action will take place on any items not listed on the agenda. V. APPROVAL OF MINUTES A MINUTES OF MAY 13, 2021 VI. OLD BUSINESS A UPDATE ON JOINTLY FUNDED SCHOOL RESOURCE OFFICER (PVPUSD VERBAL REPORT) Agenda Palos Verdes Peninsula Regional Emergency Preparedness Committee August 12, 2021 Page 1 of 2 B. LOS ANGELES COUNTY FIRE DEPARTMENT ANNUAL BRUSH CLEARANCE INSPECTIONS (LACoFD VERBAL REPORT) C. UPDATE ON THE PENINSULA EMERGENCY PREPAREDNESS TASKFORCE (RHE VERBAL REPORT) VII. NEW BUSINESS A UPDATED DRAFT OF THE PENINSULA WHITE PAPER ON UTILITY COMPANIES' RESPONSE TO A DISASTER (RPV) B. PALOS VERDES PENINSULA INGRESS AND EGRESS MAP AND STRATEGY FOR ESTABLISHING PENINSULA WIDE MASS EVACUATION PLANS (RPV) C. PREPARED PENINSULA EXPO SAVE THE TENTATIVE DATE FOR SUNDAY, OCTOBER 24, 2021. (RPV VERBAL REPORT) VIII. OTHER MATTERS FROM REGIONAL EMERGENCY PREPAREDNESS COMMITTEE MEMBERS NOTE: This is the appropriate time for Committee Members to direct the placement of items for future action on upcoming agendas. IX. ADJOURNMENT A Next regular meeting Thursday, November 11, 2021 at 7:30 a.m. Agenda Palos Verdes Peninsula Regional Emergency Preparedness Committee August 12, 2021 Page 2 of 2 1m:olts161.ffib 1\:$ RAN CHO f-ALDS VE RDES PALOS VERDES PENINSULA PUBLIC SAFETY COMMITTEE MINUTES TO MEETING ON THURSDAY, MAY 13, 2021 I. CALL TO ORDER A meeting of the Palos Verdes Peninsula Regional Emergency Preparedness Committee was called to order by Chair Dieringer at 7 :30 a.m . via Zoom. II. ROLL CALL PRESENT: Rancho Palos Verdes Eric Alegria, Mayor David Bradley, Mayor Pro Tern Rolling Hills Estates Steve Zuckerman , Mayor Rolling Hills Bea Dieringer, Mayor Palos Verdes Estates Dawn Murdock, Councilmember ABSENT: Velveth Schmitz, Councilmember, Rolling Hills Estates David McGowan , Councilmember, Palos Verdes Estates ALSO PRESENT: Rancho Palos Verdes Ara Mihranian , City Manager Karina Banales , Deputy City Manager Jesse Villalpando, Emergency Services Coordinator Mckenzie Bright, Administrative Analyst Rolling Hills Estates Greg Grammer, City Manager Alexa Davis, Assistant City Manager Jessica Slawson , Administrative Analyst Rolling Hills Elaine Jeng, City Manager Palos Verdes Estates Laura Guglielmo, City Manager Tony Best, Acting Police Chief Marcelle Herrera, Community Relations Officer Los Angeles County Sheriff's Department Regional Emergency Preparedness Committee Minutes May 13, 2021 Page 1 of9 Captain James Powers, Lomita Sheriff's Station Palos Verdes Peninsula Unified School District (PVPUSD) Brenna Terrones, Assistant Superintendent of Administrative Services Linda Reid, Board Member Los Angeles County Fire Department Chief Hale, Los Angeles County Fire Department Ill. PLEDGE OF ALLEGIANCE IV. PUBLIC COMMENT V. APPROVAL OF MINUTES A. MINUTES OF FEBRUARY 11, 2021 Member Zuckerman motioned to approve minutes as amended, and Member Alegria seconded the motion. AYES: Members: Alegria, Bradley, Zuckerman, and Chair Dieringer NOES: VI. OLD BUSINESS A. UPDATE ON THE PENINSULA EMERGENCY PREPAREDNESS T ASKFORCE (VERBAL REPORT) Administrative Analyst Jessica Slawson reported that at the March 30, 2021 Peninsula Emergency Preparedness Taskforce (PEPT) meeting, participating agencies provided updated information regarding COVID-19 safety re-opening protocols and vaccination resources obtained from the Los Angeles County Department of Public Health. The Palos Verdes Peninsula Unified School District (PVPUSD) reported that they will continue to assist with transitioning students to return back to schools safely, but will support families if they opt out of returning to school and continue distance learning until the end of the school year. Furthermore, it was informed that Southern California Edison and CalWater are working with the Peninsula cities on wildlife mitigation information and programs. Palos Verdes Peninsula Transit reported an increase in ridership; however, bus capacity continues to be limited due to COVID-19 safety protocols. Additionally, Palos Verdes Peninsula Transit is expected to return to having 50% of their regular operation, serving intermediate and high schools as of April 12. The Palos Verdes Peninsula CERT Coordinator and the Los Angeles Fire Department (LACoFD) continue to work together to coordinate and schedule an in-person or hybrid CERT course in October depending Regional Emergency Preparedness Committee Minutes May 13, 2021 Page 2 on status of public health restrictions and guidelines. Also, after the Lomita Sheriff Station and Palos Verdes Estates Police Department suspended their volunteer programs due to COVID-19, as vaccination rates increase and volunteers feel comfortable with their assignments, volunteers programs are beginning to open. Lastly, Peninsula cities are working with LACoFD for wildfire and brush clearance efforts throughout the Peninsula region. Each respective city is gathering and providing important fire safety information by promoting wildfire resources, educational campaigns, and brush clearance inspection dates through social media networks and community newsletters. B. UPDATE ON JOINTLY FUNDED SCHOOL RESOURCE OFFICER (PVPUSD VERBAL REPORT) Assistant Superintendent of Administrative Services Brenna Terrones reported that the SROs continue to monitor their campus, and have continued to assist during the multiple changes caused by COVID-19. Schools have now opened and the SROs have been assisting with protocol screenings and ensuring students follow in-place procedures. Assistant Superintendent Terrones expressed that one of the SROs will be retiring by the end of the school year, and the process to replace this positon will begin. Lastly, she reported how PVPUSD applied for a Tobacco Grant for additional funding, and results are pending. Member Eric Algeria questioned if PVPUSD will recruit from other agencies and if they are following up with Captain Powers and Chief Hale regarding potential officers who might retire soon from service, as there is potential these future retirees might be interested in the SRO role. C. SUMMARY REPORT ON THE PENINSULA WIDE EMERGENCY PREPAREDNESS EXERCISE ON FEBRUARY 25, 2021 (RPV) Coordinator Jessie Villalpando expressed how the tabletop exercise included all four Peninsula Cities, and representatives from the LACoFD, the Palos Verdes Estates Police Department (PVEPD), and the Los Angeles County Sheriff Department (LASO). The goal was to be able to design adequate coordination, communication, and response efforts between the cities and the first responders that assist the cities in case that a disaster affects the Peninsula. The meeting emphasized how critical it is to have accurate information, given that emergency events can grow. Also, he explained how at the moment, the four cities are communicating with a group text. Lastly, Coordinator Villalpando summarized the importance it is for the four cities to coordinate a Peninsula wide message addressing any emergency events to be able to get in contact with their residents in a timely manner. Member Steve Zuckerman requested clarification on who attended scheduled meeting. He also asked if an emergency preparedness team has considered software programs, such as Slack, designed for sharing data other than text messaging. Furthermore, he Regional Emergency Preparedness Committee Minutes May 13, 2021 Page 3 stated his concern regarding how resident who do not use mobile phones at home will be contacted to become aware of an evacuation, and Member Dawn Murdock agreed, adding there needs to be a secondary option. Lastly, Member Zuckerman expressed interest in having city staff trained and assist first responders, if there are not enough first responder personnel available for secondary alerts. City Manager Ara Mihranian explained that mostly everyone in the current meeting normally attend, except elected officials. He also commended Coordinator Villalpando for what was presented in the Peninsula Wide Emergency Preparedness Exercise meeting, and asked if he could provide further information regarding an upcoming exercise occurring in the preserve with the assistance of LACoFD. Lastly, he clarified that no real fires will be used in the upcoming drills. Chair Dieringer asked what are the upcoming exercises and expectations from the emergency preparedness team, and if residents will be involved in the near future. She also asked if such in-person field training exercises will occur as a Peninsula wide exercise, or individually. Coordinator Villalpando informed the members of who attends the meeting. He also clarified that other software programs have been considered, but witnessed that text messaging tends to be as effective. Furthermore, he explained how currently there is a plan to conduct an in-person field training exercise, where residents practice their evacuation routes, and such drill will include residents, city staff, and first responders. Coordinator Villalpando then informed committee members and participants that on May 25, 26, and 27 the LACoFD will be providing a brush fire drill outside the nature preserves, which will assist in establishing better communication with the LACoFD, the rangers, and city staff, and clarified that it will be a Peninsula wide exercise, and clarified how the LASO will use vehicles and helicopters to alert residents of evacuation as a secondary alert. Lastly, Coordinator Villalpando also informed councilmembers that he will address concerns regarding cellphone usage, as they have also realized there can be potential loss of power if cell towers stop working. Captain Power expressed how the LASO have created relationships with other law enforcement offices and the LACoFD if more first responders are needed to coordinate evacuations, and such relationships and assistance have been effective in the past. However, he did agree that not everyone relies on cell phone usage, but feels confident first responders can coordinate accordingly to be of assistance when needed. Coordinator Villalpando for what was presented in the Peninsula Wide Emergency Preparedness Exercise meeting, and asked if he could provide further information regarding an upcoming exercises occurring in the preserve with the assistance of LACoFD. Assistant City Manager Alexa Davis explained how all four cities are contracted with Everbridge Software, which allows a reverse 911 call to occur in landlines. She explained how Everbridge has the ability to gather necessary data in regards to 911 calls, and even Regional Emergency Preparedness Committee Minutes May 13, 2021 Page4 push calls to cellphones and through text messages if needed. She also explained that there is also the South Bay Alert System that uses iCause to create emergency alerts to cellphones, which are alerts similar to Amber alerts. Lastly, she mentioned how there is a robust radio system in place, which can assist with transmitting necessary information and emergency alerts. Community Relations Officer Marcelle Herrera reiterated the information regarding the South Bay Alert System as well as the robust radio system. She provided the information regarding RPV District Program and how they have placed city volunteer response containers that, if needed, can assist with communicating at a regional level. Lastly, she realizes that there are alternatives to communicate any emergencies. D. UPDATED DRAFT OF THE PENINSULA WHITE PAPER ON UTILITY COMPANIES' RESPONSE TO DISASTER (RPV) Coordinator Villalpando presented the second draft of the white paper. He reported how the name of the letter was changed, to better reflect the purpose of the white paper. He included an outline pertaining to the upstream and downstream dependencies, and then provided the meanings of each. Furthermore, he summarized how the rest of the paper includes information pertaining to the natural gas, telecommunication, information, water, and waste sectors. He mentioned he is currently discussing the paper and the assessments with the utility companies. He explained how CalWater and Southern California Edison actually work together to provide water to the residents of the Peninsula. Lastly, he mentioned a brief summary of his meeting with the Supervising Engineering William Chen from the Los Angeles County Sanitation Services. Coordinator Villalpando received the information from Supervising Engineer Chen that they currently do have an emergency preparedness plan already in motion. Coordinator Villalpando will continue to work with both the cities and the utility companies for further information to adopt a crisis intervention protocol for all Peninsula cities. Member Zuckerman questioned if there are any programs that assist with pricing to install gas shut off valves as incentives for residents to update and install the upgrades. He also wanted clarification regarding LACoFD mentioning water pressures. Lastly, he wanted clarification if the new v500 system with the pump will supply water system wide, and regarding designating an evacuation center and appointing one specific individual to be the primary reporter if an emergency event happens. Chair Dieringer clarified that in the City of Rolling Hills area there are no providers that provide landlines, and only Voiceover System provides the landlines through internet usage. Also, she expressed an interest in addressing ahead of time any vulnerabilities regarding utilities that the utility services are yet to address. Lastly, Chair Dieringer agreed that a uniformed protocol to address emergency events across all Peninsula cities will benefit the communities. Regional Emergency Preparedness Committee Minutes May 13, 2021 Page 5 Member Murdock expressed the importance of being able to communicate with the community on incidents and educate resides on how to properly store water. She then added how continued training on communication and drills are very important for the safety of the communities. City Manager Mihranian suggested that the white paper should include vulnerabilities related to cyber-attacks and how utilities can act based on given attack. Coordinator Villalpando responded that he will look into such programs, and clarified that other stations can provide water if one system fails, although it might be a reduced amount. He also expressed that at this time water pressures are not addressed in the white paper. Furthermore, he provided an example regarding CalWater and how they are subcontracted with other vendors in case of an emergency, but will explore more with other utility services about additional vulnerabilities. Lastly, Coordinator Villalpando responded that alongside the partnership with Red Cross, additional work needs to be done to the current evacuation centers, but he did explain how residents can also be housed in hotels if needed, and explained that one of the follow up question will be addressed shortly in another agenda item. VII. NEW BUSINESS A. PENINSULA CITIES COVID-19 VACCINATION REPORT (RPV VERBAL REPORT) Coordinator Villalpando presented the pharmacies that are providing the COVID-19 vaccinations, as well as the link to schedule an appointment. Additionally, he presented data pertaining to the number of residents per city that have been vaccinated with at least one dose of the vaccination as of May 7, 2021. He also reported that the US Food and Drug Administration (FDA) approved the Pfizer vaccine to become available to age groups 12 to 15 years of age that must be accompanied by a parent when receiving their vaccine. Member Murdock asked PVPUSD if students in the appropriate age group will need to be COVID-19 vaccinated by the next school year starting fall 2021. PVPUSD Board Member Linda Reid answered that PVPUSD will wait for public health guidance to determine if children will need to be vaccinated in order to return to school, but provided additional information that at the local level it has been determined that staff are required to be vaccinated. She also explained that there are resources and events being established to assist families with getting vaccinated. Member Bradley commended Rolling Hills Estates for the number of residents in their community that have received at least one dose of the COVID-19 vaccination, and commended all the cities for the statistics provided by Coordinator Villalpando. Regional Emergency Preparedness Committee Minutes May 13, 2021 Page 6 Member Zuckerman is interested in getting the percentage of the adult population who got vaccinated because they were eligible, and create some sort of explanation for the public explaining that the numbers Coordinator Villalpando presented pertained only to eligible members of the community, and not the community as a whole. Coordinator Villalpando clarified that the LAC Public Health Department only provides data pertaining to the ages 16 and up, which are the current eligible ages able to receive the COVID-19 vaccination. B. BRUSH CLEARANCE (LACFD VERBAL REPORT) Chief Hale reported that the LACoFD will start their brush inspections in the Peninsula Cities beginning June 1, 2021. He explained that the process can take up to 6 weeks from when LACoFD is notified to start such project, and if there are any residencies that did not pass, there is a follow up inspection within 30 days of those residencies being informed, and full project should be completed by August 12. The reports are then forwarded to their brush department, and if there are any residencies not completed, then LACoFD will send out crews to assist and complete the clearance for those residencies. Additionally, there was a new bill passed by the state to support the fire code of a 5 foot clearance around each and every residency classified in a high fire hazard area that will be enforced starting 2023, but no major details have been provided to the LACoFD as of now. Acting Police Chief Tony Best asked if the information pertaining to the new bill changes and requirements will be provided for the cities to be able to inform residents through their platforms. Chief Hale explained that they will add it to their Ready, Set, Go magazine. C. STRATEGY FOR PENINSULA WIDE EMERGENCY COORDINATION THROUGH A SHARED COORDINATOR (RH) City Manager Elaine Jeng explained that previously, the Peninsula cities shared an emergency coordinator, but that has shifted to each city having a dedicated party addressing emergency related needs for their city. The goal is to be able to coordinate between the Peninsula cities, and having one person of contact for such request. The proposal is for Coordinator Villalpando, who has been assisting already, to take on the role of being the main emergency preparedness coordinator for all the Peninsula cities. The second recommendation is to have a strategy of what is addressed every quarter, to fully develop a process of how the cities will communicate with their residents given an emergency event. Mayor Alegria questioned how the lack of an MOU will affect the cautionary for Coordinator Villalpando as an FTE. He also state his concern regarding a shared burden Regional Emergency Preparedness Committee Minutes May 13, 2021 Page 7 of cost-of-time, since there will be no MOU, and expressed interest in having a process in place and cost-sharing with all the cities. Member Dieringer expressed the importance of addressing home hardening, because embers are one of the main sources for home fires, and gathering further data on options to home hardening options with certain discounts if it is a Peninsula wide request. She also requested there be an amendment to check for additional discounts for Peninsula wide usage if vents or gutter guards are purchased. Member Zuckerman suggested to even consider having the cities purchase at least 100 shut off valves to attempt to get a discount from vendors and give other residents incentives to participate as well. Chief Hale expressed that home hardening is an important factor in attempting to reduce home fires, and informed the committee members and representatives that Firefighter Trevor is already inspecting homes. City Manager Mihranian explained that there is no impact to their budget, since they allocated funds for such position without considering a contribution from the other cities City Manager Jeng explained that all cities are working on attaining their own emergency preparedness coordinator, but feel it is adequate to have one person of contact. Coordinator Villalpando can be that person of contact to assist and manage all the cities and address items pertaining to Peninsula wide emergency needs. Lastly, she explained how these suggestions do not prevent individual cities to continue working on their own individual needs. City Manager Greg Grammer provided a successful example when the Peninsula cities assigned one person from one city to run and lead a particular program. Mayor Algeria made motion supportive of the recommendation proposed by staff with amendments to check for additional discounts for Peninsula wide purchase for vents and gutter guards, and Member Zuckerman seconded the motion. AYES: Members: Alegria, Bradley, Zuckerman, Murdock, and Chair Dieringer. NOES: None. VIII. OTHER MATTERS FROM REGIONAL EMERGENCY PREPAREDNESS COMMITTEE MEMBERS None IX. ADJOURNMENT Regional Emergency Preparedness Committee Minutes May 13, 2021 Page 8 There being no further business before the Palos Verdes Peninsula Regional Emergency Preparedness Committee, Chair Dieringer adjourned the meeting at 8:40 a.m. The next meeting is scheduled to be held on Thursday, August 12, 2021, beginning at 7:30 a.m. Approved, Bea Dieringer Chair and Mayor, City of Rolling Hills Respectfully submitted, Janely Sandoval City Clerk City of Rolling Hills Regional Emergency Preparedness Committee Minutes May 13, 2021 Page 9 RANCHO f=ALOS VERDES PENINSULA PUBLIC SAFETY COMMITTEE AGENDA REPORT AGENDA TITLE: MEETING DATE: 08/12/2021 AGENDA HEADING: New Business 7-A Presentation of a revised draft of the White Paper on Interdependency Vulnerabilities of Utilities Servicing the Palos Verdes Peninsula . RECOMMENDED COMMITTEE ACTION: (1) Review a revised draft of the Peninsula White Paper on utility companies' response to a disaster and provide further direction to Staff. (2) Provide input on a revised draft of Palos Verdes Peninsula Crisis Communications Protocol. STAFF COORDINATOR: Jesse Villalpando , Emergency Services Coordinator T.v, ATTACHED SUPPORTING DOCUMENTS: A. Revised Draft of White Paper on Interdependency Vulnerabilities of Utilities Servicing the Palos Verdes Peninsula. B. Redline Version of amendments to the Peninsula-Wide Incident Communication protocol . BACKGROUND AND DISCUSSION: At its meeting on November 12, 2020, the Peninsula Public Safety Committee (PPSC) was provided with a high -level update on the status of the creation of a White Paper that examines the interrelationship vulnerabilities between power, water, gas and sewer utilities servicing the Palos Verdes Peninsula, as well as outlining the potential consequences that could result from cascading and escalating failures of these utilities . During this meeting, the City of Rancho Palos Verdes Emergency Services Coordinator identified the following six-tiered framework for the drafting of this White Paper : • Identification of Primary Contacts and Stakeholders • Review of Relevant Policies & Plans • Identification of Critical Facilities & Infrastructure • Assessment of Utility Interrelationship Vulnerabilities • Development of a Crisis Communications Protocol • Integration with Peninsula Cities Emergency Operations Plans The current draft of this whitepaper uses a "Top-Down" approach to infrastructure interdependency analysis by outlining the following: (1) Overall on critical infrastructure system functions in general; (2) Background on the physical infrastructure sectors located in the community; (3) The interdependencies between that sector and other critical infrastructure system; and, (4) The potential consequences that could result from cascading failures. The following critical infrastructure sectors servicing the Palos Verdes Peninsula are currently analyzed in this white Paper: ⇒ Electricity (Energy Sector) ⇒ Natural Gas (Energy Sector) ⇒ Telecommunications Systems (Communication Sector) ⇒ Information Systems (Communication Sector) ⇒ Water systems (Water Sector) ⇒ Wastewater systems (Water and Wastewater Sector) Revisions to the Draft of White Paper on Interdependency Vulnerabilities of Utilities On May 13, 2021, the PPSC reviewed a draft of this Whitepaper, analyzing the interdependencies vulnerabilities of infrastructure utilities and provided direction to Staff to incorporate suggested changes. Per the direction of the PPSC Staff has completed the following revisions to this Whitepaper. • Revisions made to the Executive Summary Section (Pages 1 & 2) o Addition of a "What is Critical Infrastructure" section highlighting the official de finition and an overall generalized description of critical infrastructure use in everyday society. o Identification of designated critical infrastructure lifeline functions of transportation, Water, energy, and communications. o Addition of a section titled "What are the Threats and Hazards to Critical Infrastructure" identifying natural, man-made, and cyber threats to critical information infrastructure sectors. o Insertion of an overall summary table of identifying Critical Infrastructure Interdependencies. • Revisions made to the Community Profile Section (Page 6) o Inclusion of a map illustrating the locations of Peninsula Cities City Halls, as well as fire and police stations serving the Palos Verdes Peninsula. • Addition of Cyber Security Vulnerability Considerations and Mitigation Strategies section (Page 9) • Revisions made to Palos Verdes Peninsula Communications Sector background information section (Page 18) o Removal of references to Peninsula landline telephone services. • Addition of Appendix A: Peninsula-Wide Incident Communication Protocols (Page 28) A copy of the revised draft of this Whitepaper is included in this report as Attachment A. Revisions to the Crisis Communications Protocol The Palos Verdes Peninsula's Shared Emergency Services Coordinator has reviewed the Peninsula Cities' established incident communications protocols, which were previously established by the Palos Verdes Peninsula Regional Law Committee in response to the homicide at the Promenade Shopping Center in May 2018 and has incorporated the following updates. Attachment B contains a copy of the existing Communication protocol's redline changes. Protocol Number 6: • During a regional emergency declared by the county, state, or federal government, the Peninsula Cities will coordinate with the County Office of Emergency Management to ensure unified messaging about incident. Protocol Number 7: • To ensure unified messaging, the Peninsula Cities will only post-incident emergency information that has been approved by the agency that has jurisdiction over the incident. Individual Peninsula Cities may still post-emergency and incident information that is directly under the City's purview. Protocol Number 8: • In the event of a power outage and/or a loss of cell service impacting the entire Palos Verdes Peninsula the Peninsula Cities will work cooperatively (to the best extent possible) to implement the following strategies for information distribution: o Regional Emergency Phone hotline o Deployment of Information Stations (large wooden sandwich boards) to post information when other means of communication are impaired at key locations (dependent on the situation and where it is needed.) o Printed materials to distribute to Emergency Information Stations o Flyers for in-person distribution o Loudspeakers in vehicles Protocol Number 9: • During an emergency of any level, the Peninsula Cities will communicate and coordinate with one another, as well as with any other partner agency responding to or involved in the incident, to issue uniform coordinated emergency alerts via all appropriate and available notification platforms, including the individual Cities' disaster and emergency alert systems, Wireless Emergency Alerts (WEA), and social media. CONCLUSION During the August 12, 2021, meeting, the Palos Verdes Peninsula Emergency Services Coordinator will provide the PPSC with a high-level update on the revisions made to this White paper based on input received at the May 12th meeting and seek additional direction in the development and implementation of a Peninsula-Wide Crisis Communications Protocol. WHITE PAPER {DRAFT) AUGUST 2021 THIS PAGE WAS LEFT BLANK INTENTIONALLY EXECUTIVE SUMMARY This White Paper was developed as a result of the four Peninsula Cities of Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates' efforts to ensure a constant state of preparedness to provide uninterrupted services to their respective communities, before, during and after an emergency event . The City of Rancho Palos Verdes led the development of this White Paper as a result of the Palos Verdes Peninsula Public Safety Committee's direction in exploring the potential effects of cascading failures of critical utility systems servicing the Palos Verdes Peninsula due to their interdependencies vulnerabilities . The Palos Verdes Peninsula communities' comfort and security rests upon a myriad of highly interdependent critical infrastructure sectors that currently provide essential everyday services. Critical infrastructure consists of a large number of sectors, including the electric power grid, natural gas production, water and water waste systems as well as telecommunications and information systems. These infrastructure systems depend upon extensive interconnections and are part of a "system of systems"1 that ensures the quality of life for the entire Palos Verdes Peninsula Community. What is Critical Infrastructure? In the United States (U.S.), the Patriot Act of 2001 defines critical infrastructure as those "systems and assets, whether physical or virtual, so vital to the United States that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters." Generally critical infrastructure can be defined as the electricity that powers our homes, the water we drink, the transportation that gets us around, the stores where we shop, and the Internet and communications that enable us to stay in touch with friends, family, and coworkers . There are four designated lifeline functions -transportation, water, energy, and communications, which means that their reliable operations are so critical that a disruption or loss of one of these functions will directly affect the security and resilience of critical infrastructure within and across numerous sectors. The energy infrastructure sector is of most importance as the sector needs to be operating properly in order for all other sections of critical infrastructure, such as natural gas production, water and wastewater systems as well as telecommunications and information systems, to perform as needed. These other critical infrastructures are dependent on the energy sector to maintain functionality, and vice versa-that is, they are interdependent. What are the ''Threats and Hazards" to Critical Infrastructure? Both natural and man-made (intentional or unintentional) events have the potential to harm, damage, disable, or destroy critical infrastructure. Critical infrastructure has long been exposed to physical threats and natural disasters and is now becoming increasingly vulnerable to cyber threats. These risks arise as a result of the increasing integration of information and communications technologies with critical infrastructure, as well as adversaries intent on exploiting potential cyber vulnerabilities. As physical infrastructure becomes increasingly reliant on complex cyber systems to operate, critical infrastructure may become more vulnerable to specific cyber threats, including transnational threats. Due to the interconnections and i nterdependence of infrastructure e lements and sectors, damage, disruption, or destruct ion to one i nfrastructure element can ha ve cascading effects, affecting the conti nu ed operation of anot her. Identifying and comprehend i ng the interdependence (two-w ay) or dependency (one -way ) between infrastructure elements and sectors is critica l for assess i ng risks and vul nerab i lities and determ i ning the best course of act ion for i ncreas i ng security and res ili ence. For i nstance, the electric grid operates with t he ass istance of integrated informat ion and commun icat ion systems from other cr itica l infrastructure sectors . Consequences resulting from one i nfrastructure sector failing can generate cascading failures across the entire infrastructure systems. The locati o n of cr it ica l i nfrastructure li fe li nes is typica ll y not shared among d ifferent uti li t y operators, thus resulting i n a major ity of these infrastructures placements be i ng unknown .2 The co locat ion of mult i ple life li nes also i ncreases the li ke li hood that fai lure i n one system ca n damage and interrupt others. Se vere disrupt ion of one section ofthe cr itical infrast ru ctures sector caused by natura l or manmade d isasters, can cause undue damage to the secur it y and susta i nab le liv ing of a community. Because of the essential ro le the i nfrastructure sector plays and the abi li ty for its failure to cause severe disruption to a soc iety's stabi lity, the understanding of interdependencies among t hese crit ica l infrastruct ure systems is essent ial in ensur in g the resi li ence of a loca l community. Overall Summary of Critical Infrastructure Interdependencies ELECTRICITY NATURAL GAS COMMUNICATIONS Power for control system Power need ed for ELECTRICITY monitoring, pumps and Power nee ded for control fa cilities, Power needed for con t rol -6-High ly connected and facilities Temperature pumping statio ns, communication systems, sewage interdepend ent control (e .g., cooling of storage, control towers, and remote pumping and treatment, infrastructure equipment), fire , ' systems and f acilities. monitoring and for fa cilities --suppression, potable capabilities. water. NATURAL GAS High ly connected and Fue l for treatment, heat, Fue l for heat, Fue l for treatment, heat, KO_ Fuel for heat, interdependent pumps and lift stations, generato rs & pumps and lift stations, gene rators & faci lities infrastructure and facilitie s faci lities and facilitie s Temperature control Temp eratu r e control wastewater remova l (e.g., cooling of Water for production, High ly connected and (e .g., cooling of equipment), fire coo li ng and emissions interdependent equipment), fire service, raw water supply suppression , potable control infrastructure for hyd roele ct ri c suppre ssion, potable generation water water COMMUNICAT IONS SCADA SCADA Contro l sy stem SCADA 0 Te lecommunication communication, and Highly connected communication ,and communication, and for daily operations; customer service and and interdependent customer service and customer service and crew and SCADA systems crew repair infrastructure crew repair repair communication communication communication Sewage wa stewater Sewage w astewater Se wage wastewater Sewage wa stewater Sewage wastewater services for facilities. services for facilities . services for faci lities. services for faci lities. services for f acil ities. 2 INTRODUCTION The four Cities consisting of the Palos Verdes Peninsula share similar geography, development patterns and exposure to similar types of natural hazards. Recognizing that greater efficiencies are possible when emergency preparedness occurs in a regionally coordinated manner the Peninsula Cities formed a Regional Emergency Preparedness Committee (REPC). The Regional Emergency Preparedness Committee (REPC) (now known as the Palos Verdes Peninsula Public Safety Committee) consists of two Council Members from each of the Peninsula Cities and meets on a quarterly basis to discuss collaborative efforts on ensuring Peninsula-wide emergency preparedness. The objective of the Palos Verdes Peninsula Public Safety Committee (PPSC) is to enhance emergency preparedness on the Peninsula by addressing joint preparedness efforts and responses to widespread disasters affecting the greater Peninsula region. Following presentations from utility companies servicing the Peninsula, the Palos Verdes Peninsula Public Safety Committee (PPSC) expressed concern regarding the risks associated with the possible loss of power to critical infrastructure utilities servicing the Peninsula Community. In response to this concern, the Committee motioned for the City of Rancho Palos Verdes' Emergency Services Coordinator to take the lead in creating a White Paper that examines the interrelationship vulnerabilities of utilities servicing the Peninsula community. This White Paper highlights historically known interdependencies of the critical infrastructure sector and evaluates the potential effects of the failure of these utilities. Utilizing potential cascading and escalating effects established by existing research and lessons learned on best practices in responding to utility failures, this study will recommend areas of improvement in the Integration of analysis findings into eme rgency planning considerations for the Palos Verdes Peninsula Communities . This paper first discusses a general overview of how utilities currently provide services, then this paper will cover background on the physical infrastructure sectors located in the community, and the interdependencies between that sector and other critical infrastructure systems; and the potential consequences that could result from cascading and escalating failures. The goal of this project is to support long -term emergency planning for the Peninsula Cities through an infrastructure interdependency vulnerability assessment, contributing to the resiliency of the Palos Verdes Peninsula community . PROJECT OBJECTIVES The following five objectives were established at the outset of the Whitepaper Project: ⇒ Identification of critical facilities & infrastructure ⇒ Identification of primary critical infrastructure contacts and stakeholders ⇒ Assessment of utility interrelationship vulnerabilities ⇒ Development of a crisis communications protocol ⇒ Integration with Peninsula cities emergency operations plan Following this section, the paper will discuss the background of the community profile for the Palos Verdes Peninsula and the identification of critical infrastructure sectors. 3 COMMUNITY PROFILE The Palos Verdes Peninsula is a geographic sub-region within southwestern Los Angeles County. The Palos Verdes Peninsula consists of Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills, and Rolling Hills Estates. The City of Torrance borders the peninsula on the north, the Pacific Ocean is on the west and south, and the Port of Los Angeles is east . As of the 2010 Census, the population of the Palos Verdes Peninsula is 68,243 .* The Palos Verdes Peninsula's unique geography was formed over millions of years of volcanic activity, plate tectonics and terracing from changing sea levels. The nine-mile wide Peninsula, once an island, now rises above the Los Angeles Basin to a maximum of 1,480 feet, with uniquely terraced configurations and steep, rocky cliffs jutting upward 50 to 300 feet from the ocean formed over millions of years of submerging and lifting from the Pacific Ocean. MAP OF THE FOUR PENINSULA CITIES L ________ _ Pa los Verdes ,,.,,,.,.. 1''11 Estates MALAGA COVE Rancho Palos Verdes Roil ng Hills 0 ;f I "" J I Map '11 '¾,,. 3 '""" i .I/' i c• t Lornita J~ 1> :I .lk.>L, ~~- * City of Rancho Palos Verdes, 2018, General Plan https://www.rpvca.gov/DocumentCenter/View/12625/2018-General-Plan S, w,.,.,.J HARi ~ w, 4 TH REA TS AND HAZARDS The Peninsula Cities' Hazard Mitigation Plans • identify the following hazards posing a significant threat against the Palos Verdes Peninsula area: • Earthquake • Wildfire • Earth Movement • Tsunami • Hazardous Materials • Human -Caused Events • Utility-Related Events CRITICAL FACILITIES Critical Facilities are essential to the health and welfare of the whole population and are especially important following hazardous events. The most critical municipal facilities for the Palos Verdes Peninsula are those that support public administration and emergency operations, police, fire, and emergency medical and emergency communications. CITY HALL LOCATIONS FOR THE PENINSULA CITIES PENINSULA CITY CITY HALL LOCATIONS PHONE NUMBER Palos Verdes Estates 340 Palos Verdes Drive West 310-378-0383 City Hall Palos Verdes Estates, CA 90274 Rancho Palos Verdes 30940 Hawthorne Blvd. 310-544-5200 Ci ty Hall Rancho Palos Verdes, CA 90275 2 Portuguese Bend Rd . Rolling Hills City Hall 310-377-1521 Rolling Hills, CA 90274 Rolling Hills Estates 4045 Palos Verdes Dri ve North 310-377-1577 City Hall Rolling Hills Estates, CA 90274 EMERGENCY SERVICES Law Enforcement Services: The Cities of Rolling Hills, Rolling Hills Estates, and Rancho Palos Verdes jointly contract with the Los Angeles County Sheriff's Department for law enforcement services . The Lorn ita Sheriff Station provides police protection to the Peninsula Region. The City of Palos Verdes Estates has its own police department. Officers are assigned to different divisions such as traffic, patrol , and detectives . The city also has its own dispatch center and j ail. Both are staffed 24 hours a day. Fire protection Se rvices: Currently, the four Peninsula Cities contract with Los Angeles County for Fire Department for fire suppression, enforcement of the Fire Code, and paramedic services. Concurrently, Los Angeles County Fire also provides emergency ambulance service. • City of Rancho Palos Verdes & Rolling Hills Estates, 2020, Multi-Jurisdictional Hazard Mitigation Plan https:llwww.rpvca.gov/DocumentCenterNiew/1630212020-RPV--RHE-Draft-Joint-Hazard-Mitigation-Plan.pdf 5 FIRE AND POLICE STATIONS SERVICING THE PALOS VERDES PENINSULA Type of Asset Name Palos Verdes Estates Police (PVE) Police Department LA County Sheriff Departm ent - Police (RPV, RH, RHE) Lom it a Station FIRE LA County Fire Dept. Station 2 FIRE LA County Fire Dept. Station 6 FIRE LA County Fire Dept. Station 53 FIRE LA County Fire Dept. Station 56 FIRE LA County Fire Dept. Station 83 FIRE LA County Fire Dept. Station 106 Address 340 Palos Verdes Dr ive West Palos Verdes Estates, CA 90274 26123 Narbonne Ave, Lomita, CA 90717 340 Palos Verdes Drive West Palos Verdes, CA 90274 25517 5. Narbonne Ave . Lomita, CA 90717 6124 PV Drive South RPV CA , 90275 12 Crest Rd . West Rolling Hills, CA 90274 83 Mirolc!itC Plaza, Rancho Palos Verdes, CA 90275 27413 Indian Peak Rd. Rolling Hills Estates, CA 90275 Phone Number 310-378-4211 310-539-1661 310-373-6539 310-326 -2461 310-377-3333 310-377-1584 310-831-4624 310-377-9523 ·,, ,. :,. .... . ·-:, \ ........ ;; ~· ' ' Area Hospitals: The Palos Verdes Peninsula has the following acute care hospitals in Torrance and San Pedro located approximately 15 minutes away. AREA HOSPITALS Name Address Phone Number Del Am o Hos pital Torran ce 23700 Cam in o Del Sol, To rrance, CA 90505 (310) 53 0-1151 Harbor -UCLA Medica l Ce nter 1000 W Carson St, Torrance, CA 90502 (424) 30 6-4000 Pro vid ence Little Compan y of Ma ry 4 101 Torra nce Blvd, Torra nce , C.A 90503 (3 10) 54 0-7676 M edical Ce nter -Torrance Pro vi dence Littl e Company of M ary 1300 W 7th St, San Pedro, CA 90732 (310) 83 2-3 311 Medical Ce nter -S an Pedro Torran ce M emorial M edical Ce nter 3330 Lom ita Blvd , Torra nce, CA 90505 (310) 32 5-9110 6 IDENTIFYING INFRASTRUCTURE INTERDEPENDENCIES Due to the complexity and highly interdependent nature of the critical infrastructure sectors currently providing essential services to the Peninsula Community, disruption of one section by natural or man made disasters, can severely impact the security and sustainable living for the community. Due to the essential role that critical infrastructures play on society and the ability for its failure to causing severe disruption to societal stability, the understanding of interdependencies among critical infrastructure systems is essential in ensuring the resilience of a local community. DEFINING KEY TERMS : • DEPENDENCY: A dependency is a unidirectional relationship between two assets where the operations of one asset affects the operations of the other6 • For example, a water treatment plant depends on communications services that support the supervisory control and data systems required to control plant operations. • INTERDEPENDENCY: An Interdependency can be defined as a two-way relationship between two assets where the operations of both assets affect each other.6 For example, water treatment plants require electricity for its data processing systems and, in turn, provides water that the communications system uses to cool its equipment . The interactions between critical infrastructure and its environment can be characterized into three categories: • UPSTREAM DEPENDENCIES: The products or services provided to one infrastructure by another external infrastructure that are necessary to support its operations and functions 7. • INTERNAL DEPENDENCIES: The interactions among internal operations, functions, and missions of the infrastructure 7 • Internal dependencies are the internal links among the assets constituting a critical infrastructure (e .g., an electric generating plant that depends on cooling water from its own onsite water well). • DOWNSTREAM DEPENDENCIES: The consequences to a critical infrastructure's consumers or recipients from the degradation of the resources provided by a critical infrastructure7 • James P. Peerenboom, Ronald E. Fisher, "Analyzing Cross-Sector lnterdependencies,"40th Annual Hawaii Internationa l Conference on System Sciences ( HICSS'07), 2007 Http://www.computer.org/portal/web/csdl/doi?doc=doi/10.1109/HICSS.2007 . 78 Public Technology Institute, 2011, "Local Government Energy Assurance Guidelines" https://www.naseo.org/Data/Sites/1/documents/energyassurance/documents/pti_/ocal_governement_energy_guidelines .pd/ 7 APPROACHES TO CHARACTERIZING DEPENDENCIES Each dependency has its own characteristics, therefore analyzing dependencies requires different approaches to successfully consider their category, class, and dimension(s). These approaches can generally be described as either top-down or bottom-up. Top-down approaches consist of analyzing a system in its entirety and then focusing on its component parts. Bottom-up approaches consist of analyzing the component parts of a system and building on this analysis to describe the system as a whole•. TOP -DOWN APPROACH Infrastructure interdependencies are complex and dynamic and continue to grow in number, resulting in systems that are increasingly vulnerable to cascading and escalating effects across infrastructure sectors. There are numerous approaches to identifying interdependencies, to manage these complexities, this Whitepaper uses a Top-Down approach, by first defining how the overall critical infrastructure system functions in general; current infrastructure functions in a particular geographical region context; the interdependencies between that sector and other critical infrastructure systems; and the potential consequences that could result from a disruption of services. In the case of Palos Verdes Peninsula, this White Paper infrastructure interdependency analysis provides the following: 1. Overall critical infrastructure system functions in general. 2. the interdependencies between that sector and other critical infrastructure system. 3. and the potential consequences that could result from cascading failures. This initial analysis serves as the basic building blocks for more advanced analyses incorporating these inputs in models and simulations. INFRASTRUCTURE SECTORS SERVICING THE PALOS VERDES PENINSULA Six critical infrastructure sectors servicing the Palos Verdes Peninsula are analyzed in this White Paper: ⇒ Electricity (Energy Sector) ⇒ Natural Gas (Energy Sector) ⇒ Telecommunications Systems (Communication Sector) ⇒ Information Systems (Communication Sector) ⇒ Water systems (Water Sector) ⇒ Wastewater systems (Water and Wastewater Sector) Public Technology Institute, 2011, "Local Government Energy Assurance Guidelines" https:llwww.naseo.org/Data/Sites/1/documents/enerqyassurancel documents/pti local qovernement energy qu idelines.pdf 8 Cyber Security Vulnerability Considerations Cyber security refers to the protection of everything related to the Internet, from networks to information stored in computer databases and other applications, to devices that control equipment operations via network connections. Without launching a physical attack, attackers can cause damage to physical infrastructure by infiltrating the digital systems that control physical processes, damaging specialized equipment, and disrupting vital services. While often dismissed as an issue only for information technology departments, cyber security is an area of increasing concern for Infrastructure resiliency. Almost every aspect of Critical infrastructure sector is vulnerable to a cyberattack. As an example, In addition to generation capacity, the transmission and distribution system that transports power from the generator to the users is vulnerable to cyber-attack. Power mis routing, spoofed reports of power outages, and other malicious attacks could result in power outages even when the system was functioning normally. In the worst-case scenario, such an event could cause a cascading failure, in which one outage causes a power surge, which causes another outage. While their effects are not as immediate as those of direct threats, additional Cyber Security threats include data _breaches, in which unauthorized users obtain personal or other confidential information, such as billing and account information or even meter data. Keeping all of these kinds of Data is critical for retaining customer trust in the power distribution system . MITIGATING CYBER SECURITY THREATS There are a variety of protocols and techniques for mitigating cyber security threats that may be appropriate to incorporate and address in emergency planning efforts, many of which are already widely used in the information technology industry. The first step is to understand the vulnerabilities. Once threats are identified, some common methods of mitigating them include: ■ Instituting access control policies: Restricting access to key terminals, files, and networks to individuals who have the training and the need to work with those resources. ■ Adopting security protocols: In some cases, failure to use industry-standard antivirus software and failure to install security patches and upgrades have resulted in severe consequences. ■ Monitoring systems: Constant monitoring of system usage and assessing abnormal usage patterns on systems can help identify vulnerabilities and attacks before major problems occur. ■ Training: Individuals responsible for ensuring the reliability of the system need to be trained to recognize and respond to security threats, as even the most advanced security technology can be undermined by lack of awareness. ■ Testing: Security protocols and procedures need to be tested, and it may make sense for the planning process to include regular exercises (some of which simulate cyber attacks and responses), as well as penetration tests/ security evaluations by third parties to identify potential vulnerabilities. ■ Verifying information: In some instances, taking major corrective actions in response to news of a problem could trigger unintended consequences if the information is not valid. 9. Department of Energy and Department of Homeland Security, 2007, "Critical Infrastructure and Key Resources Sector-Specific Plan as input to the National Infrastructure Protection Plan {Redacted)", g https:llenerqv. qovlsiteslprodlfilesloeprod/DocumentsandMedia/Enerqv S SP Public. pdf ELECTRICITY GENERAL OVERVIEW The electricity Infrastructure sector includes the generation, transmission, and distribution of electricity. Electricity is universal, impacting all critical infrastructure systems 9 • Electricity is generated at power plant stations, transmitted across high voltage lines to substations and then delivered at lower voltages to end users through the distribution system. FIGURE 2: ELECTRICITY GENERATION, TRANSMISSION AND DISTRIBUTION powe r pl ant gene rat es elect ricity rp;--r, ,-- transmiss ion lines carry elec tri city long dis tan ces dis trib uti on lines ca rry electrici ty to hou ses tra nsformer steps up volt age fo r transm issi on ne igh bo rho od tra nsforme r st ep s down voltag e Source : Adapted lrom National Energy Education Deve lopment Project (public do main) HOW ELECTRICITY GETS TO YOUR HOME transform ers on pol es ste p dow n electrici ty be fore it ent ers ho uses 1. Electricity Generation: Electricity is made at a power plant station , large spinning turbines generate electricity, powered by wind, coal, natural gas, or water and deliver it to the transmission system. 2 . Transformers: Once generated, the electrical current is then sent through transformers, which increase the voltage so the power can be pushed over long distances. 3. Transmission Lines: The electrical charge then goes through high-voltage transmission lines that stretch across the country. 4. Substations: At the other end of a transmission line, is a substation that uses transformers to lower the voltage, so the electricity can be distributed to customers at a usable voltage. s. Distribution Lines: The electricity is then sent through distribution lines to neighborhoods. Smaller transformers reduce the voltage again to make the power safe to use in homes. These smaller transformers may be mounted on power poles or sitting on the ground (they're the big green boxes, called pad mount transformers). o The electricity then connects to consumers' homes, where it passes through a meter which measures the amount of electricity used . o Finally, electricity travels through wires inside the walls to the outlets and switches in consumers' homes. 10 ELECTRICITY BACKGROUND: PALOS VERDES PENINSULA Southern California Edison (SCE) provides the supply of electrical power to municipal, commercial, and residential customers on the Palos Verdes Peninsula. SCE operates the Harbor Generating Station, a 474- megawatt natural gas facility located south of Wilmington which supplies a majority of electrical power to the Palos Verdes Peninsula. The electrical power distribution infrastructure for the Peninsula is designed as an integrated grid system, principally for ease of maintenance and uniform current flow.4 The Peninsula is currently served by transmission lines which parallel Hawthorne Blvd., Crest Rd. and Crenshaw Blvd. Substations located on the Palos Verdes Peninsula receive power from the transmission system and make electricity available at a usable voltage, which then gets distrusted to Peninsula Residents homes through a network of distribution lines, in some areas, both transmission and distribution lines are co-located on the same poles. SCE TRANSMISSION LINES AND POWER SUBSTATIONS SERVICING THE PENINSULA, INFORMATION GATHERED FROM: SOUTHERN CALIFORNIA EDISON POWER SITE. U.S. Department of Homeland Security, 2018, "Infrastructure Interdependency Assessment Puerto Rico" https:l l www.11 cbi.11l111.11ih.gov/µ111d;11li1.;fo:;/PMCT4 ·1~90~/ 11 SOUTHERN CALIFORNIA EDISON (SCE) NETWORK OF DISTRIBUTION LINES AND POWER SUBSTATIONS s ·~~~~~~~~~~~~~~~~ ELECTRICITY UPSTREAM DEPENDENCIES: Electricity infrastructure depends heavily on other infrastructure sectors, such as natural gas for supplying fuels for power generation. Table 4 depicts critical infrastructu re sectors that Electricity depends on to function properly. ~ u ii: t; .... .... .... ELECTRIC/TY UPSTREAM DEPENDENCIES Temperature control (e.g ., Telecommunication for dally Wastewater removal Fuel for power generation . cooling of equipment), fire operations; and SCADA service, raw water supply for suppression, potable water. systems. hydroelectric generation . ELECTRICITY DOWNSTREAM DEPENDENCIES: The Electricity Subsector has downstream dependencies with all critical infrastructure sectors, making it a fundamental need and community-wide requirement. Water treatment facilities, pumping stations, and communication systems rely heavily on electricity supply. Electricity is particularly important for heating, control systems, lighting, mechanical and electrical equipment, and security and safety. Additionally, electricity is required for the operation of petroleum refineries and distribution terminals 1°. 10. U.S. Department of Homeland Security, 2018, "Infrastructure Interdependency Assessment Puerto Rico" https:llwww.ncbi.nlm.nih.gov/pmclarticles!PMC7 4159061 12 ELECTRICITY DOWNSTREAM DEPENDENCIES Power needed for pumping control system monitoring stations, storage, control and controls at remote sites, systems and facllltles. including IT and Communications equipment. Power needed for control facilities, communication towers, and remote monitoring capabilities. systems , sewage pumping and treatment, and for facilities POTENTIAL EFFECTS OF ENERGY DISRUPTIONS ON ESSENTIAL INFRASTRUCTURE: Outside of the impacted region, the power system remains largely intact and functional. The impact of a disruption on local or regional infrastructure has a significant impact on the severity of a power outage and the restoration efforts required to return the system to normal operation. Table 5 illustrates the effects of electricity disruptions on critical services 10 • ~ v ~ ... ...I ... Sector: Service/ Resources Provide POTENTIAL EFFECTS OF DISRUPTIONS POTENTIAL EFFECTS OF DISRUPTIONS WATER COMMUNICATIONS Loss of Control systems , lift Failure of fuel for power stations, and facilities: Failure of communication facilities and towers, Loss of electronic transactions and generators and lubricants for transportation of water facilities . Loss of heating and (pumps); cooling and emission ability to obtain data . Customer controls; water transport for service and repair crew emergency response communications failure . WASTEWATER Monitorin equipment affected, Restriction of sewage pumping and treatment for stationary, scale systems . Challenges in communicating with Residents and business Potential impact to facility lighting, telecommunications; electronic data . CONSIDERATIONS FOR ELECTRICITY INFRASTRUCTURE SERVICING THE PALOS VERDES PENINSULA : At the present time, the Peninsulas electrical power needs are being reliably met by Southern California Edison (SCE). A potential problem of electricity reliability for the Peninsula is that facilities in the area are susceptible to damage from earth movements, such as earthquakes and landslides . Additionally, overhead transmission lines, transformers, and associated poles pose potential significant adverse safety hazards for the Peninsula. Overhead wires and associated hardware have caused brush fires and are vulnerable to damage caused by natural conditions (such as high winds, lightning, and tree growth) and human-caused conditions (such as automobile accidents), creating power outages and, in some cases, safety hazards if severed or broken . The interdependencies of the Electrical infrastructure sector servicing the Palos Verdes Peninsula combined with impacts of natural disasters can lead to a ripple effect of disruptions of Critical Infrastructures serving the Palos Verdes Residents . The understanding of the Electricity infrastructure sector interdependencies and critical failure points is therefore vital to achieving long term resilience planning for the Palos Verdes Peninsula . Department of Energy and Department of Homeland Security, 2010, "Communications Sector-Specific Plan Annex of the National Infrastructure Protection Plan", https://www.cisa.gov/sites/default/files/publications/nipp-ssp-communications-2010-508.pdf 13 NATURAL GAS GENERAL OVERVIEW Natural gas accounts for a significant percentage of the primary energy consumed in the United States. Natural gas consumption in the United States is highly seasonal, with the higher demand in winter for heating and lower demand in summer. The natural gas section of the critical infrastructure sectors includes the production, processing, transportation, distribution, and storage of natural gas; and gas control systems 11 . Natural Gas Production -A majority of natural gas comes from natural gas production fields in New Mexico, west Texas, and Oklahoma, as well as in the Rocky Mountains and Canada. The remaining natural gas supply percentage is produced locally in Central and Southern California from onshore and offshore fields. Natural Gas Processing -Natural gas processing consists of separating all of the various hydrocarbons and fluids from the pure natural gas to produce pipeline-quality dry natural gas. Natural Gas Transmission-The interstate natural gas pipeline network transports natural gas from processing plants in producing regions to areas with high natural gas demands, particularly large urban areas. Compression stations along the pipeline transmission route keep the gas moving at the desired pressure. Natural Gas Storage -Gas is typically stored underground and under pressure as an efficient way to balance discrepancies between supply input and market demand. Three types of facilities are used for underground gas storage: depleted reservoirs in oil and/or gas fields, aquifers, and salt caverns. Natural Gas Distribution -Local distribution companies, typically transport natural gas from interstate pipeline delivery points to end-users through thousands of miles of distribution pipe. Delivery points for local distribution companies are often termed city gates, especially for large municipal areas, and are important market centers for the pricing of natural gas. Natural gas production and delivery i o;la,d ~main consumers gas well lin e natural gas r,r,;:. gas sales company Mil oil processing t plant odorant 11-L r;i separation T compressor ■ ~ !,,, .. ,, l station LNG . vented non hydrocarbon storage and flared gases removed ~ retu med to field underground storage water vented and flared reservoir i--------production ---------transmission -----distribution --f ~ ela Source : U.S. Energy Information Administration 11. State of Oregan, 2012, "Oregon State Energy Assurance Plan" https://www.oreqon.qov/enerqy/sa[etv-resi/iency/Paqes/Enerqy- Assurance-Plan.aspxu:~:text=The%20Oregon%20State%20Energy%20Assurance,resources%2C%20and%20identifies%20system %20interdependencies . 14 NATURAL GAS BACKGROUND: PALOS VERDES PENINSULA Southern California Gas Company (SoCalGas) provides natural gas to the Palos Verdes Peninsula through a network of transmission lines, high -pressure distribution supply lines and medium pressure distribution pipelines. Although part of the larger SoCalGas system, the Peninsula is also included in SoCalGas distribution sections, which function principally as sub -administrative districts and are responsible for all lines and service systems that feed from transmission lines to the point of delivery4 • The natural gas distribution system consists of resource facilities and networks . Resource facilities include natural gas processing and transmission facilities that are located outside the Peninsula area. Natural gas networks, on the other hand, consist of the physical infrastructure in place on the Peninsula that is used to deliver natural gas to residents; in many cases, the natural gas network parallels water and electric networks .10 NATURAL GAS TRANSMISSION AND HIGH-PRESSURE DISTRIBUTION LINES: INFORMATION GATHERED FROM J Tu.tin ,,I I• 1 I• \fl( (Jt.t',th V. -TranS'Til5SIOI" LHHJS -Hrg~ Pressure D1stnbut1on Unes Irvin e NATURAL GAS UPSTREAM DEPENDENCIES: Significant Interdependencies exist between Natural Gas infrastructure and the Communications, Transportation, Water, and Wastewater Systems Sectors . Natural gas is used for generating electric power, while electric power is used for core operations in each fuels subsector (e .g., for pumping stations, storage, control systems). Table 6 depicts critical infrastructure sectors Natural Gas depends on to function properly9 • 12 Department of Energy and Department of Homeland Security, 2010, "Communications Sector-Specific Plan Annex of the National Infrastructure Protection Plan", https ://www.cisa .gov/sites/default/files/publications/nipp-ssp-communications- 2010-508.pdf 15 ~ I!) ... <( a: ::::, !;i: z NATURAL GAS INFRASTRUCTURE UPSTREAM DEPENDENCIES Power needed for pumping Temperature control (e.g ., stations, storage, control cooling of equipment), fire systems and facilities . suppression, potable water. Telecommunication for daily operations; and SCADA systems. NATURAL GAS DOWNSTREAM DEPENDENCIES: Wastewater removal serv ice, raw water supply for hydroelectric generation . Historically, natural gas was primarily used for heating. However, natural gas has been increasingly used to generate electricity since the late 1990s . Natural gas-fired generation was also increased by the advent of combined -cycle generation capacity additions . Additionally, The Natural Gas sector has downstream dependencies with all of the critical infrastructure sectors as, Natural Gas provides all sectors with heating, steam generation, and cooking abilities. Table 7 depicts critical infrastructure sectors Electricity depends on to function properly. NATURAL GAS INFRASTRUCTURE DOWNSTREAM DEPENDENCIES Natural Gas in ne eded for fuel for power generation. Natural Gas is needed for heating, pump s and lift stations, and facilities . Natural gas needed for fuel fo r generators and fac ili ties . Natural gas needed for fuel for generators and facilities . POTENTIAL EFFECTS OF NATURAL GAS DISRUPTIONS ON ESSENTIAL INFRASTRUCTURE: A power outage can effectively halt the flow of fuel through pipelines. An interruption or pressure loss in natural gas pipeline systems may result in the loss of multiple natural gas-fired power generators, significantly reducing available power and jeopardizing the reliability of the energy sector. Although underground natural gas storage facilities can provide a backup for the natural gas supply to certain power sources, natural gas pipeline disruptions, would cause significant reductions in electric power services. Table 8 gives an example of Potential Effects of Natural Gas Disruptions on Essential Services 10· ~ I!) ... ~ ::::, !;i: z POTENTIAL EFFECTS OF DISRUPTIONS Significant impact to power Impact on fuel for heating, generators and for facilities. Impact on fuel for water. treatment, heating, pumps and lift stations, and facilities . Impact to facility lighting, telecommunications; electronic data . Impact on fuel for heating, generators and for facilities. Restriction of sewage pumping and treatment for stationa _ry , sc ale systems. 16 COMMUNICATIONS SYSTEMS GENERAL OVERVIEW The Communications Sector provides products and services that enable the efficient operation of our global information-based society. The communications industry has evolved rapidly over the last decade to include mobile broadband, cloud computing, the Internet of Things, and software-defined networks. Convergence of voice and data networks has continued, and widespread adoption of mobile devices (e .g., smartphones and tablet computers) has created a massive demand for mobile broadband communications 12 . Communication networks enable people from all over the world to communicate with one another, instantly access information, and communicate from remote locations. This entails establishing a connection between a sender (including voice signals) and one or more recipients through the use of technology (e .g., a telephone system or the Internet) in order to transfer data from one location to another. Communication networks comprise both physical infrastructure (structures, switches, towers, and antennas) and cyber infrastructure (routing and switching software, operational support systems, and user applications), posing significant interdependencies on all sectors of critical infrastructure 12 . The Communications sector includes the following five component areas that have similar functions and operations". • Broadcasting Systems: Broadcasting systems are composed of free and subscription-based over- the-air radio and television (TV) stations that provide analog and digital audio, video, and data programming. Broadcasting systems operate on three different frequency bands: medium frequency (MF (AM radio)), very high frequency (VHF (FM radio and television)), and ultra -high frequency (UHF (TV). • Cable: The cable industry is made up of over 7,700 cable systems that provide analog and digital video programming, digital telephone service, and high-speed broadband. The cable systems provide bidirectional signal paths to the customer via a combination of fiber and coaxial cable. This hybrid fiber/coaxial (HFC) network effectively benefits Business and residential customers because it improves signal performance, expands available bandwidth, and increases overall network reliability. • Satellite: Satellites are launched into orbit to relay voice, video, or data signals as part of a telecommunications network. Earth station antennas transmit signals to the satellite, which are amplified and sent back to Earth for reception by other earth station antennas. Antennas on stationed on Earth transmit signals to the satellite, which are amplified and received via other ground stations antennas. Satellites perform a variety of functions through the use of a combination of terrestrial and space-based components, including bidirectional transmission of voice, video, and data services; data collection; event detection and timing; and navigation. • Wireless: Wireless refers to telecommunication in which electromagnetic waves rather than wire carry a signal over a portion of or the entire communication path . Wireless technologies consist of cellular phones, wireless hot spots (WiFi), personal communication services, high-frequency radio and commercial and private radio services to provide communication services. • Wireline: Comprises circuit-and packet-switched networks connected via copper, fiber, and coaxial cable. It consists of private enterprise data and telephony networks, the Internet's core backbone, and the public switched telephone network (PSTN). *Department af Energy and Department of Homeland Security, 2010, "Communications Sector-Specific Plan Annex of the National Infrastructure Protection Plan", https ://www.cisa.gov/sites/default/fil es/publications/nipp-ssp-communications- 2010 -508.pdf 17 COMMUNICATIONS SECTOR BACKGROUND: PALOS VERDES PENINSULA Communication systems are critical for disseminating news and information, relaying personal and business messages, providing audio and visual entertainment, and transmitting and receiving emergency messages. The communication component of the Palos Verdes Peninsula infrastructure system is a multifaceted and highly complex system of resource facilities and networks that contribute to the economic and social well-being of the peninsula 4 • Telephone systems in the Peninsula consists of a network of transceivers (telephones), transmission lines, and switching centers. Residents can contract their cell phones and laptops with any company of their choice. Cable Television, on the Peninsula, cable television is supplied by Frontier, AT&T, and Cox Communications. All three companies use fiber-optic lines to provide instant access to numerous television channels , high -speed Internet, and digital telephone for their customers. There is also satellite TV provided by companies such as DirectTV and Dish Network, who can provide similar access to television channels. The difference is that with satellite TV, a satellite dish will need to be installed. Broadcast Communications are systems that have no wires or transmission lines, but rather transmit signals through the airwaves. Of the three primary broadcast systems, radio and television are by far the most popular, while microwave remains a more specialized communications medium . Radio and television communication systems are operated by privately owned companies that supply free audio and audio/visual communication to people with appropriate receivers. These broadcast systems are used primarily for the dissemination of news, information, and entertainment. The County of Los Angeles currently owns and operates a microwave station near the intersection of Highridge Road and Crestridge Road in the City of Rancho Palos Verdes. The facility is a broadcast communication system designed to relay signals to and from the Palos Verdes Peninsula area. The prime users of the facility are the County Fire and Sheriff Departments and other County agencies 4 • 18 COMMUN/CATIONS SYSTEMS UPSTREAM DEPENDENCIES: The Communications Sector's primary upstream dependency is on electricity, which is generated either commercially or on -site. Water can also be a limiting factor in the operation of buildings that require heating, ventilation, and air conditioning or cooling (e.g., data centers). Additional, upstream dependencies of the Communications System sector are depicted in Table 9. COMMUNICATIONS SYSTEMS UPSTREAM DEPENDENCIES Power needed for control Water is needed for facilities, communication Temperature control (e.g., towers, and remote monitorin cooling of equipment), fire capabilities . suppression, potable water. Telecommunication for daily operations; and SCADA systems. COMMUN/CATIONS SYSTEMS DOWNSTREAM DEPENDENCIES: Wastewater removal service, raw water supply for hydroelectric generation. Many other sectors of critical infrastructure are highly dependent on the Communications Sector, The Communications Sector is one of the few sectors that affects all other sectors. Each sector relies on communications services to support its operations and associated daily communication requirements for corporate and organizational networks and services (e.g., Internet connectivity, voice services, and video teleconferencing capabilities). Table 10 summarizes the extent to which other sectors rely on the Communications Sector. II) z 0 !i u z ::::, :E ~ u COMMUNICATIONS SYSTEMS UPSTREAM DEPENDENCIES Telecommunication for daily operations; and SCADA system Telecommunication for dally operations; and SCADA systems Telecommunication for daily operations; and SCADA systems Telecommunication for daily operations; and SCADA systems POTENTIAL EFFECTS OF COMMUNICATION SYSTEMS DISRUPTIONS ON ESSENTIAL INFRASTRUCTURE The Communications sector has downstream dependencies with all critical infrastructure sectors . All sectors rely on Communications, making its reliability a fundamental need and requirement. Communications is particularly important for Telecommunication for daily operations, and Supervisory control and data acquisition (SCADA) systems monitoring. Large regional impacts across all infrastructure sectors can occur when communication systems disru pted . Table 11 summarizes the potential effects of dis r uptions of the Communications Secto r. 19 Failure of communication • . facilities and towers, Loss of status, loss of situational electronic transactions and awareness . ability to obtain data. Custome service and repair crew communications failure. Loss of monitoring of pipeline status, loss of situational awareness . affected, Restriction of sewage pumping and treatment for stationary, scale systems . Challenges in communicating with Residents and business Potential impact to facility lighting, telecommunications; electronic data. CONSIDERATIONS FOR COMMUNICATION SYSTEMS INFRASTRUCTURE SERVICING THE PALOS VERDES PENINSULA: California has seen an increasing number of large-scale disasters over the last two decades as a result of climate change. Our communications systems, which are normally extremely reliable and dependable, failed during recent disasters. These failures jeopardize situational awareness, impact alerts and warnings, obstruct critical communications between multiple stakeholders, and can result in unnecessary deaths and other social harms . During a community wide crisis, efficient, rapid and accurate information flow can save lives, especially during complex, evolving events like a wildfire. Given the importance of communication to the public in an emergency, it is critical to continue to examine the extent to which the Communication Sector depends on and impacts essential critical infrastructure servicing the Palos Verdes Peninsula. 20 WATER SYSTEMS GENERAL OVERVIEW Water is drawn from a freshwater source, usually a lake, river, or stream, and treated before it is pumped to our homes and businesses. Water from reservoirs, streams, and rivers often contains a variety of organisms and dissolved chemicals or metals. This material must be removed from the water to ensure that it is safe for drinking or other uses . Most systems will include at least two to three filtration stages to remove harmful or dangerous particles such as bacteria, viruses and other debris. After treatment, the system works by transferring quantities of water into the established water distribution systems. Water Distribution system infrastructure is generally considered to consist of the pipes, pumps, valves, storage tanks, reservoirs, meters, fittings, and other hydraulic appurtenances that connect treatment plants or well supplies to consumers' taps.• Fundamentally, a water supply system consists of three basic components : the source of supply, the processing or treatment of the water, and the distribution of water to the users. Water Sources -These include surface reservoirs, rivers, and ground water from aquifers via wells. Utilities often use a combination of multiple water sources to ensure an uninterrupted supp ly . Treatment -Drinking water in a public water system is treated to make sure it is safe to drink before it enters all those pipes. Water treatment plants filter the water to remove particles of dirt, minerals, microorganisms and other contaminants. Chlorine is a chemical commonly used to disinfect water supplies . Distribution and Collection -Public drinking water systems include a series of pipes, storage tanks, pumps, valves, and gates. Flow rates are adjusted to ensure that the required pressure is available where it is needed. Note : Pumps and va lves are located at a var iety of lo cations throughout th e distributi on s st em. Source: Environmental Protection Agency: https://www.epa .gov/dwsixyearr evi ew/drinking -water- distribution -systems\ Department of Energy and Department of Homeland Security, 2010, "Water and Wastewater Sector-Specific Plan Annex of the National Infrastructure Protection Plan", https://www.cisa .gov/sites/default/files/publications/nipp-ssp-water-201S- S08 .pdf 21 WATER BACKGROUND: PALOS VERDES PENINSULA The Palos Verdes Peninsula's water needs are currently served by the California Water Service Company (Cal Water). Cal Water purchases surface water imported by the Metropolitan Water District of Southern California from the Colorado River and the State Water Project in Northern California, which is then used to serve the entire Peninsula, including the City, through the Palos Verdes water system.4 The Palos Verdes water system distributes water through two distinct water distribution systems . These systems are commonly referred to as the "D -500 System" and the "Ridge System." The D-500 System serves the lower-elevation areas of the Peninsula, about 13% of the total demand, and the Ridge System serves the upper-elevation areas, comprising the remaining 87% of demand . The average daily demand and maximum daily demand of the Ridge and D-500 Systems combined is 12,500 gallons per minute (gpm) and 20,600 gpm, respectively. All of the supply to the Palos Verdes system is delivered through four connections located at the northeastern edge of the Peninsula 4 • Recently, Cal Water has completed the Palos Verdes Peninsula Water Reliability Project, the project enhances the reliability of the drinking water infrastructure on the Palos Verdes Peninsula and will help ensure that all Peninsula residents continue to have safe, reliable water service. Prior to the project's completion, 90% of the Palos Verdes Peninsula was served by one 60-year-old drinking water pipeline and a single pump station. The project replaced a portion of the existing water pipeline and added a second pipeline to deliver drinking water to homes and businesses . In total, crews installed about seven miles of a new pipeline. Additionally, the project added a second pump station on a separate electrical grid that will help guard against the risk of prolonged water service outages caused by disruptions such as natural disasters. FIGURE 6: CALIFORNIA WATER SERVICE (CAL WATER) FACILITIES SERVICING THE PENINSULA 22 WATER UPSTREAM DEPENDENCIES: The Water Sector is critical to all sectors, it is dependent on several key sectors. Upstream dependencies of the Water System sector are depicted in Table 12. WATER UPSTREAM DEPENDENCIES Power needed for pumping stations, storage, control systems and facilities . Telecommunication for dally Natural Gas is needed for heating, operations; and SCADA systems WATER DOWNSTREAM DEPENDENCIES: pumps and lift stations, and facilities. service, raw water supply for hydroelectric generation The Water Sector is considered one of the most critical lifeline sectors because its functions are essential to core operations in nearly every other critical sector. When water services are lost for relatively short periods (less than eight hours), the functioning of multiple sectors is significantly degraded. WATER DOWNSTREAM DEPENDENCIES Temperature control (e.g., cooling of equipment), fire suppression, potable water Water needed for cooling and facilities. Water needed for production, cooling, emission reduction and service, raw water supply for facilities . hydroelectric generation POTENTIAL EFFECTS OF WATER DISRUPTIONS ON ESSENTIAL INFRASTRUCTURE: When water services are lost, even for short periods, the consequences can be widespread and dramatic. When these services are lost for an extended period of time, the results can be catastrophic. potential impacts that a disruption in water service could cause include the following: Loss of water for cooling, resulting in impacts to electrical and telecommunications equipment; Lack of water for consumption, cooking, bathing, flushing, fire suppression, etc.; Loss of water for commercial irrigation, food supply, and production to meet consumer needs and a secreased public confidence in water supply 13 • Sector : Service/ Resources Provide POTENTIAL EFFECTS OF DISRUPTIONS LECTRICITY POTENTIAL EFFECTS OF DISRUPTIONS COMMUNICATIONS A Loss of water for cooling (dlsablln Impact on Cooling and Emissions electrical and telecommunications Reduction Lack of water for telecommunications equipment} equipment} Lack of water for Lack of water for consumption, consumption , flushing, fire consumption, flushing, fire suppression, etc . flushing, fire suppression suppression I ,e-. WASTEWATER Significant Impact on wastewater treatment plants negatively affecting public health and the environment . 23 WASTEWATER SYSTEMS GENERAL OVERVIEW The collection and treatment of wastewater is vital to public health and clean water. Sewers collect sewage and wastewater from homes, businesses, and industries and deliver it to wastewater treatment facilities. Wastewater systems move raw wastewater from the producer to wastewater treatment plants via a collection system The treatment plants remove hazardous materials from the wastewater via Physical, chemical, and biological processes prior to discharging the treated water safely into approved locations, typically reservoirs, streams, rivers, the ocean, etc. Fundamentally, the basic function of wastewater treatment is to speed up the natural processes by which water is purified. The treatment of wastewater consists of two basic stages. The primary and secondary, which are outlined here . In the primary stage, solids are allowed to settle and removed from wastewater. The se condary stage uses biological processes to further purify wastewater. Sometimes, these stages are combined into one operation. There are two basic stages in the treatment of wastewater. In the primary stage, solids are allowed to settle and removed from wastewater. The secondary stage uses biological processes to further purify wastewater. In the first stage primary stage , solids are allowed to settle and be removed from wastewater. The secondary stage uses biological processes to purify wastewater further. Source: Environmental Protection Agency : https ://www.epa.gov/sites/production/files/201S-09/documents/primer.pdf 24 WASTEWATER BACKGROUND: PALOS VERDES PENINSULA The four Peninsula Cities are located in District #5; the South Bay Cities Sanitation District is serviced by the Los Angeles County Sanitation District, which owns and operates the wastewater collection system within the Peninsula Cities 4 • The Los Angeles County Sanitation District operates ten water reclamation plants, which treat an estimated 510 million gallons per day. The Joint Water Pollution Control Plant is located in Carson, California. The Joint Water Pollution Control Plant is one of the largest wastewater treatment plants in the world and is the largest of the Districts' wastewater treatment plans. This facility provides both primary and secondary treatment for approximately 300 mgd of wastewater. This plant serves a population of approximately 3.5 million people throughout the County, including the Palos Verdes Peninsula. Prior to discharge, the treated wastewater is disinfected with hypochlorite and sent to the Pacific Ocean through a network of outfalls. These outfalls extend 2 miles off the Peninsula to a depth of 200 feet. WASTEWATER UPSTREAM DEPENDENCIES: Wastewater systems for the Palos Verdes Peninsula depend on a variety of external infrastructures to maintain normal operations. Electric power is one of the most important services necessary for maintaining pumping and treatment operations. Table presents some Upstream dependencies of the wastewater System sector are depicted in Table 15. TABLE 15: WASTEWATER UPSTREAM DEPENDENCIES Power needed for pumping Essential and highly dependent Natural Gas is needed for heating, Telecommunication for dally stations , storage, control infrastructure for health and pumps and lift stations, and operations; and SCADA systems and facilities . safety facilities. systems WASTEWATER DOWNSTREAM DEPENDENCIES: A wide range of physical infrastructure in industries and other critical infrastructure relies heavily on the proper functioning of wastewater systems . Table 16 demonstrates the interdependencies between wastewater infrastructure and other critical infrastructure. TABLE 16: WATER DOWNSTREAM DEPENDENCIES Sewage wastewater services fo Sewage wastewater services Sewage wastewater services for Sewage wastewater services for focllltic,. facilities. for faci liL ies . 25 POTENTIAL EFFECTS OF WASTEWATER DISRUPTIONS ON ESSENTIAL INFRASTRUCTURE The deterioration and subsequent failure of the Wastewater sector impacts the health of community, the environment, and has significant consequences for the additional utility sectors. Table 17 demonstrates the interdependencies between wastewater infrastructure and other critical infrastructure. TABLE 17: POTENTIAL EFFECTS OF DISRUPTIONS Lack of wastewater services, Lack of wastewater services, Lack of wastewater services, Lack of wastewater services, posing public health and posing public health and posing public health and sanitatio posing public health and sanitation issues . issues. sanitation issues. CONSIDERATIONS FOR WATER AND WASTEWATER INFRASTRUCTURE SERVICING THE PALOS VERDES PENINSULA: Water system infrastructure is critical to a community's economic and social viability. Although these systems ensure the basic health and safety of residents, businesses, and industry, they are frequently taken for granted due to the high level of service and reliability provided by water and wastewater utilities . The critical nature of these systems is not appreciated until a water main breaks or another type of service interruption occurs. The interdependence of the water sector serving the Palos Verdes Peninsula, combined with the impact of natural disasters, can result in a ripple effect of critical infrastructure disruptions serving Palos Verdes residents. Understanding the interdependence and critical failure points of the water infrastructure sector is therefore critical for achieving long-term resilience planning for the Palos Verdes Peninsula. 26 CONCLUSION It is important to recognize that infrastructure sectors interoperate together in myriad ways in a "systems of systems" that supports the quality of life, wellbeing, and overall security for residents of the Palos Verdes Peninsula. Understanding these independencies is crucial to ensure that the Peninsula Cites are prepared to continue critical services to residents in times of emergencies . As critical infrastructures become more complex, the probability increases that infrastructure failures will cascade and escalate in multipart ways. Additional research is needed to understand better the infrastructure sectors processes and interoperability with other infrastructures. The infrastructure sector analysis in this White Paper provides a high -level summary of inter-operations that affect infrastructure servicing the Palos Verdes Peninsula. This White Paper serves as an initial framework for recognizing interdependencies in the analysis of critical infrastructures and is intended to provide emergency planners with a foundational understanding of infrastructure interdependencies and how they could inform future emergency operation protocols. Critical infrastructure sectors can lead to the proliferation of cascading and escalating failures across all infrastructure sectors . It is essential to integrate the characterization of interdependencies into emergency planning methodologies. This White Paper on Infrastructure Interdependencies is intended to convey this central concept. Future emergency planning efforts will address the specific interdependencies threats to the Palos Verdes Peninsula. The Palos Verdes Cities of Palos Verdes Estates, Rancho Palos Verdes, Rolling Hills and Rolling Hills Estates comprehend the importance of the analysis of infrastructure interdependencies vulnerabilities in the belief that this analysis is a key in addressing the catastrophic challenges of infrastructure failures during an emergency response. 27 APPENDIX A: PENINSULA-WIDE INCIDENT COMMUNICATION PROTOCOLS The existing protocol for communication from LASD to RPV , RH and RHE typically involves an email and or text message from the Captain or Watch Commander to the City Managers. Depending on the particulars of the incident, a phone call may be made as well. Similarly, PVEPD advises the PVE City Manager in the most immediate and appropriate manner available. The City Managers then disseminate the information to their respective City Councils via email or phone depending on the situation . Appropriate information is then disseminated to the public via applicable electronic platforms. LASD and PVEPD typically advise each other of incidents that may result in involvement by the other agency. This also occurs with other neighboring jurisdictions such as Torrance PD and LAPD. LASD and PVE also advise adjacent schools when warranted on a case by case basis . ADDITIONAL STRATEGIES: IMPROVED FLOW OF COMMUNICATION 1) It would be appropriate to include the Superintendent of PVPUSD in any communication going to the City Managers; 2) All communication with City Council Members or School Board Members should come through their respective City Managers or Superintendent so as to relieve first responders from excessive communication burdens; 3) The City in which an incident occurs will act as lead agency in dealing with the media as well as posting and updating information as it becomes available; 4) Inasmuch as it is possible, the lead agency will communicate electronically with the other cities and PVPUSD immediately prior to posting or updating information; 5) Each City and PVPUSD will determine the information it wishes to post and where to post it; 6) During a regional emergency declared by the county, state, or federal government, the Peninsula Cities will coordinate with the County Office of Emergency Management to ensure unified messaging about incident. 7) To ensure unified messaging, the Peninsula Cities will only post -incident emergency information that has been approved by the agency that has jurisdiction over the incident. Individual Peninsula Cities may still post -emergency and incident information that is directly under the City's purview. 8) In the event of a power outage and/or a loss of cell service impacting the entire Palos Verdes Peninsula the Peninsula Cities will work cooperatively (to the best extent possible) to implement the following strategies for information distribution: • Regional Emergency Phone hotline • Deployment of Information Stations (large wooden sandwich boards) to post information when other means of communication are impaired at key locations (dependent on the situation and where it is needed.) 28 • Printed materials to distribute to Emergency Information Stations • Flyers for in-person distribution • Loudspeakers in vehicles 9) During an emergency of any level, the Peninsula Cities will communicate and coordinate with one another, as well as with any other partner agency responding to or involved in the incident, to issue uniform coordinated emergency alerts via all appropriate and available notification platforms, including the individual Cities' disaster and emergency alert systems, Wireless Emergency Alerts (WEA), and social media. 10) Each City and PVPUSD will provide the other agencies with priority contact lists for purposes of communicating during incidents of joint concern. It is universally recognized that many times judgment is required in determining when and whom to notify in any given circumstance. There is concern about inundating each other and the public with non-critical information. Generally speaking, though, the consensus would be to err on the side of over- communicating. An emergency contact list has been developed and will be distributed to key staff in each agency to facilitate inter-agency communication. It is not meant to be publicly available. This list will be dynamic, and each agency will provide updated contact information as changes occur. RHE will act as the central point for receiving updates and then disseminating the updated information to all. 29 COMMUNICATION PROTOCOL: PENINSULA-WIDE INCIDENT The existing protocol for communication from LASD to RPV, RH and RHE typically involves an email and or text message from the Captain or Watch Commander to the City Managers . Depending on the particulars of the incident, a phone call may be made as well. Similarly, PVEPD advises the PVE City Manager in the most immediate and appropriate manner available. The City Managers then disseminate the information to their respective City Councils via email or phone depending on the situation . Appropriate information is then disseminated to the public via applicable electronic platforms. LASD and PVEPD typically advise each other of incidents that may result in involvement by the other agency. This also occurs with other neighboring jurisdictions such as Torrance PD and LAPD. LASD and PVE also advise adjacent schools when warranted on a case by case basis. ADDITIONAL STRATEGIES: IMPROVED FLOW OF COMMUNICATION 1) It would be appropriate to include the Superintendent of PVPUSD in any communication going to the City Managers; 2) All communication with City Council Members or School Board Members should come through their respective City Managers or Superintendent so as to relieve first responders from excessive communication burdens; 3) The City in which an incident occurs will act as lead agency in dealing with the media as well as posting and updating information as it becomes available; 4) Inasmuch as it is possible, the lead agency will communicate electronically with the other cities and PVPUSD immediately prior to posting or updating information; 5) Each City and PVPUSD will determine the information it wishes to post and where to post it; 6) During a regional emergency declared by the county, state, or federal government, the Peninsula Cities will coordinate with the County Office of Emergency Management to ensure unified messaging about incident. 7) To ensure unified messaging , the Peninsula Cities will only post incident emergency information that has been approved by the agency that has jurisdiction over the incident. Individual Peninsula Cities may still post emergency and incident information tha t is directly under th e City's purview . 8) In the event of a power outage and/or a loss of cell service impacting the entire Palos Verdes Peninsula the Peninsula Cities will work cooperatively (to the best extent possible) to implement the following strategies for information distribution: • Regional Emergency Phone hotline • Deployment of Information Stations (large wooden sandwich boards) to post information when other means of communication are impaired at key locations (dependent on the situation and where it is needed .) • Printed materials to distribute to Emergency Information Stations • Flyers for in -person distribution • Loudspeakers in vehicles 9) During an emergency of any level, the Peninsula Cities will communicate and coordinate with one another, as well as with any other partner agency responding to or involved in the incident, to issue uniform coordinated emergency alerts via all appropriate and available notification platforms, including the individual Cities' disaster and emergency alert systems, Wireless Emergency Alerts (WEA), and social media. 10) Each City and PVPUSD will provide the other agencies with priority contact lists for purposes of communicating during incidents of joint concern . It is universally recognized that many times judgment is required in determining when and whom to notify in any given circumstance. There is concern about inundating each other and the public with non-critical information. Generally speaking, though, the consensus would be to err on the side of over-communicating. An emergency contact list has been developed and will be distributed to key staff in each agency to facilitate inter-agency communication . It is not meant to be publicly available. This list will be dynamic, and each agency will provide updated contact information as changes occur. RHE will act as the central point for receiving updates and then disseminating the updated information to all. RANCHO f-ALDS VERDES PENINSULA PUBLIC SAFETY COMMITTEE AGENDA REPORT AGENDA TITLE: MEETING DATE: 08/12/2021 AGENDA HEADING: New Business 7-B Palos Verdes Peninsula Ingress & Egress Map and Strategy for Establishing Peninsula Wide Mass Evacuation Plans RECOMMENDED COMMITTEE ACTION: (1) Review and provide direction on a draft Palos Verdes Peninsula Ingress & Egress Map ; (2) Provide further direction to Staff on establishing Peninsula wide evacuation plans; and, (3) Direct Staff to seek proposals a consultant to prepare a comprehensive emergency operations evacuation "playbook" for the Peninsula. STAFF COORDINATOR: Jesse Villalpando , Emergency Services Coordinator T.v, ATTACHED SUPPORTING DOCUMENTS: A. Draft Peninsula Palos Verdes Peninsula Ingress & Egress Map EXECUTIVE SUMMARY: Following the direction provided by the Peninsula Public Safety Committee (Committee) at its August 12, 2021 meeting, City of Rolling Hills Staff and the Peninsula's shared coordinator are presenting a draft map highlighting the egress and ingress points of the four Peninsula Cities for the Committee's review and input. In addition, staff is requesting that the Committee consider recruiting a consultant experienced in preparing a comprehensive emergency operations evacuation "playbook" for the Peninsula that incorporates the components of an effective emergency evacuation plan as outlined in this report . BACKGROUND: At its May 13, 2021, meeting , the Committee adopted a strategic work plan to guide the Committee's efforts in addressing the numerous facets of emergency preparedness. The Committee-adopted strategic work plan was developed based on an inventory of recent Committee discussions, and identifies the following three critical areas for emergency preparedness for the Committee to focus on over the next six to twelve months: (1) Study Peninsula evacuation routes ; (2) Understand utility vulnerabilities and implement readiness measures; and, (3) Develop communication protocols among Peninsula cities. Staff additionally recommended the following goals for each of the critical areas of emergency preparedness for the Committee to consider: 1. Study Peninsula Evacuation Routes • Obtain First Responder's input on routes • Identify exit points and measures to improve these locations for readiness • Establish communication contact to respective cities for traffic control • Protocols for evacuating large animals • Identify temporary shelter locations 2. Understand Utility Vulnerabilities and Implement Readiness Measures • Understand utilities' contingency plans for continuous service • Obtain utilities' recommended measures for individual contingency plan 3. Communication Protocols Among Peninsula Cities • Establish incident command protocols to respective cities EOC to community • Establish outlets to receive emergency notifications • Identify Neighborhood watch organizations Additionally, at the May 13, 2021, meeting, the Committee moved to formally recognize the Rancho Palos Verdes Emergency Services Coordinator as the Peninsula-wide Emergency coordinator. DISCUSSION: In recent years, California has seen an increase in unprecedented and destructive wildfires, posing a threat to lives, livelihoods, and communities. 2020 was the worst year on record, with nearly 10,000 fires consuming nearly 4.2 million acres, and serves as a stark reminder that the majority of the four Peninsula Cities are generally classified as a Very High Fire Hazard Severity Zone by the State of California Department of Forestry (Cal Fire). Due to its numerous steep canyons and open scrub brush-covered hillsides, the Palos Verdes Peninsula has always been at risk for a devastating wildfire. The most recent significant fire on the Palos Verdes Peninsula was on August 27, 2009, when a wildfire burned through approximately 230 total acres. The fire is believed to have originated in the Portuguese Bend Reserve in the City of Rancho Palos Verdes where 165 acres were charred. The remaining 65 acres were burned in the City of Rolling Hills. Dozens of homes were threatened and approximately 1,200 residents were forced to evacuate (City of Rolling Hills Local Hazard Mitigation Plan, pg. 82.) Palos Verdes Peninsula Ingress & Egress Map Given the increased attention that today's climate related fire danger has garnered, the Peninsula Cities have received a number of requests from residents regarding pre- determined evacuation routes. Evacuation routes can vary greatly depending on the scenario. As a result, law enforcement and fire officials are circumspect about disclosing predetermined evacuation routes, as they do not want residents to follow a route they learned about prior to an emergency that does not fit the current emergency scenario, preferring instead that residents follow contextually appropriate real-time directions. Recognizing that evacuation routes can vary significantly depending on the situation, staff collaborated to create a map highlighting the ingress and egress routes for the entire Palos Verdes Peninsula. The intention of this ingress and egress map in its current state is to outline the major arterial roads in each Peninsula city in order to advance the Committee's strategic workplan strategy of studying Peninsula evacuation routes and related objectives as outlined above. The attached draft map highlights the following major arterial roads for each city: ⇒ City of Palos Verdes Estate: Palos Verdes Drive West, Palos Verdes Blvd, and Palos Verdes Drive North ⇒ City of Rancho Palos Verdes: Palos Verdes Drive West, Palos Verdes Drive South, Palos, Verdes Drive East, Crest Rd., Hawthorne Blvd., Silver Spur Rd., Crenshaw Blvd., Western Ave. and Miraleste Dr. ⇒ City of Rolling Hills: Crenshaw Blvd., Crest Road West, Crest Road East, Portuguese Bend Rd., Eastfield Drive and Palos Verdes Drive North. ⇒ City of Rolling Hills Estates: Palos Verdes Drive North, Palos Verdes Drive East Rolling Hills Road, Crenshaw Blvd, Hawthorne Blvd, and Crest Road General Overview of an Evacuation Process During a "Real-World Event" The Woolsey Fire, which began on November 8, 2018, killed three people, burned 96,949 acres of land, destroyed 1,643 structures, and led to the evacuation of more than 295,000 people in the 13 days before it was contained. The fire was the most destructive ever in Los Angeles County. The City of Malibu was especially hard-hit, with at least 670 structures destroyed, including more than 400 single-family homes with an estimated market value of at least $1.6 billion. The evacuation process during the Woolsey Fire received significant community and media attention due to high traffic and long wait times for residents. The City of Malibu had its own evacuation plan in place, however a city is not responsible for determining if and when mandatory evacuation is necessary or how it is executed. During an emergency, law enforcement and fire agencies are responsible for organizing and implementing evacuations. In most cases the decision to evacuate an area, the areas to be evacuated and the route to be used is made by the responding Fire Departments Incident Commander (individual responsible for all aspects of the emergency response); and is based on the fire's location, behavior, winds, terrain, etc. Once a decision to evacuate has been made, it is then communicated to Law Enforcement Personal who implement the evacuation plan and are responsible for enforcing an evacuation order. California law authorizes officers to restrict access to any area where a menace to public health or safety exists due to a calamity such as flood, storm, fire, earthquake, explosion, accident or other disaster. Refusal to comply is a misdemeanor. (Penal Code 409.5) The three standardized evacuation terms include the following: • Evacuation Order: Immediate threat to life. This is a lawful order to leave now. The area is lawfully closed to public access. • Evacuation Warning: Potential threat to life and/or property . Those who require additional time to evacuate and those with pets and livestock should leave now. • Shelter in Place: Go indoors . Shut and lock doors and windows . Prepare to self- sustain until further notice and/or contacted by emergency personnel for additional direction While a city does not determine when and how mandatory evacuations are issued, local jurisdictions play a critical role in relaying information to the public and ensuring that members are aware of and able to evacuate during a mass evacuation. Local governments issue emergency alerts in the event of an evacuation and will utilize all appropriate notification platforms, including mass notification emergency alert systems, Wireless Emergency Alerts (WEA), and social media. Additionally, law enforcement personnel assist local jurisdictions in notifying residents of an evacuation by going door-to-door, by using their in-car PA systems or sirens in a restricted area, or by utilizing any available and operable mass notification systems. Elements of an Effective Evacuation Coordination Plan While protective measures, such as identifying ingress & egress routes to be used in the event of a mass evacuation are critical to emergency response, it represents only a portion of effective evacuation planning, necessitating a more in-depth examination of the concepts and principles upon which emergency evacuation plans should be built. The following section highlights successful evacuation practices gleaned from research conducted by the Peninsula's Shared Coordinator and outreach to cities and organizations recently impacted by wildfires and/or disasters regarding best practices and lessons learned in regard to evacuation planning and coordination. Implementation of Evacuation Zones : Evacuation zones are pre-identified geographical areas used by emergency responders to improve coordination and span of control during an evacuation. In the event of a large fire or other disaster, officials may use the Evacuation Zones to quickly identify the timing, order, and routes of evacuation for specific areas to be more effective and avoid traffic bottlenecks. Pre-designated evacuation zones enable jurisdictions to concentrate evacuation efforts on the most vulnerable areas, while minimizing the need to evacuate large areas that are not at risk from the hazard . Evacuation Zones enable community members, emergency services, TOPANGA TACTICAL ZONE MAP r I , I~ emergency managers, and 9-1-1 to communicate effectively when a mass evacuation is initiated in response to an emergency . Identification of Safe Refuge Areas : A Safe Refuge Area is a temporary staging area either within or outside of the evacuation area, designed to hold people safely during a mandatory evacuation. Safe Refuge Areas may also be used to help move traffic off the road to speed up the movement of people out of the immediate danger area. Safe Refuge Areas are pre-determined to be a safer alternative for residents then remaining in their homes the event of a wildfire evacuation . Examples of Existing Practices: ⇒ Topanga: Due to the unique challenges this community faces during a wildfire , Topanga has been divided into nine Tactical Zones to assist emergency responders in issuing targeted evacuation orders based on the size and direction of the fire. The Topanga Tactical Zone Map (pictured above) also includes the designation of a public refuge areas which individual residents can seek refuge during a large wildland fire. ⇒ City of Malibu: As part of the City's Mass Evacuation Plan , the City of Malibu has been divided into four evacuation zones to maximize the efficiency of any evacuation and to alleviate congestion . These zones define evacuation areas that can be activated quickly. Additionally, they can be used to execute phased evacuations . G •·· ~ .... , , t 9, 0 C ZONE 12 O! .~,.. .. ,,~1 .. ,,,' ZONE 13 ~-------------' Additionally, the City of Malibu has Pre-identified the following Safe Refuge areas within the City of Malibu : • Zuma Beach Parking Lot 30000 Pacific Coast Highway Malibu, CA 90265 • Topanga State Beach Parking Lot 18700 Pacific Coast Hwy Malibu, CA 90265 • Will Rogers State Beach Parking Lot 17000 Pacific Coast Hwy Pacific Palisades , CA 90272 • Santa Monica Beach Parking Lots Pacific Coast Hwy Santa Monica, CA 90401 Mass Care & Sheltering Services Considerations : Planning for mass care is critical during an evacuation planning process. While not the primary focus of this staff report, it is critical for local jurisdictions consider both short-and long-term mass care needs in the planning for effective mass evacuation, to quickly establish operations to provide essential services to evacuees. The majority of initial evacuee support is provided in the form of mass care in temporary congregate evacuee shelters. However, once the immediate life safety concerns have passed, some evacuees may require shelters for an extended period of time. Repopulation Considerations: As with an evacuation order, a local jurisdiction has little to no control over displaced residents' repopulation. It is critical that evacuation plans include a repopulation strategy to ensure the effective and safe return of evacuees to their communities once the threat or hazard has passed. One of the most crucial lessons learned from the Woolsey Fire's evacuation and repopulation efforts is the critical role that local city officials must play in collaborating with first responders to ensure that re-entry plans adequately address the City's unique needs and conditions. Strategy for Community Outreach & Awareness While it is crucial to develop an effective Peninsula-wide evacuation plan that incorporates the elements listed above, it is even more vital to ensure that residents who may be impacted are aware of the plan. It is essential that emergency evacuation planning efforts incorporate a strategy for community outreach that includes activities to educate the public and opportunities for the public to provide input. Proposal Requests for Professional Services Due to the specialized nature of the service required to plan and coordinate a peninsula-wide coordinated response to a mass evacuation scenario successfully, staff is requesting that the Committee consider hiring an independent third-party consultant to develop a comprehensive emergency operations evacuation "playbook" for the Peninsula. Engaging an experienced consultant to develop a comprehensive plan for the entire Palos Verdes Peninsula would enable the Peninsula Cities to pool resources and eliminate duplication efforts. If acceptable to the Committee, Staff will publish a Request for Proposals to independent third-party consultants. Staff will collaborate with representatives from each city, the Los Angeles County Sheriff and Fire Departments, and the Palos Verdes Estates Police Department to develop the proposal. A report on the scope of work, cost estimates, and potential funding would be brought by to the Committee for consideration at a future meeting. CONCLUSION To provide residents with a comprehensive mass evacuation plan tailored to the unique needs of the Palos Verdes Peninsula Community, and to further prepare Peninsula Cities to respond to and recover from a future large~scale disaster event, Staff recommends the following: 1. Review, and provide direction on a draft of Palos Verdes Peninsula Ingress & Egress Map; 2. Provide further direction to Staff on establishing Peninsula wide evacuation plans; and, 3. Direct staff to seek proposals from an independent consultant to develop a comprehensive emergency operations evacuation "playbook" that incorporates the aforementioned elements and any other critical considerations as necessary. Palos Verdes Peninsula Ingress & Egress Map s Legend ---Exit Routes City Name '~ Palos Verdes Estates ~--, L_~ Rancho Palos Verdes 1 ! Rolling Hill e L_______: Rolling H ill s Estates ~ Unincorporated l PACIFIC 0 Torrance OCEAN ~ iii 2 mita 3 a, C C 0 -e "' 4 M il es CITYOF RANCHO PALOS VERDES EMERGENCY PREPAREDNESS COMMITTEE AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 08/19/2021 AGENDA HEADING: Old Business Update on FY 2021-2022 EPC Work Plan Subcommittees RECOMMENDED COMMITTEE ACTION: Receive and file an update on FY 2021-2022 EPC Work Plan Subcommittees and provide further direction to staff. STAFF COORDINATOR: Jesse Villalpando, Emergency Services Coordinator "'J: v, ATTACHED SUPPORTING DOCUMENTS: A. Matrix of EPC Work Plan Subcommittees BACKGROUND AND DISCUSSION: On June 15, 2021, the Emergency Preparedness Committee reviewed and approved a draft of the Committee's FY 2021-2022 Workplan, with revisions based on Committee comments during the meeting. That same evening the Committee reviewed a matrix of Committee Members' current assignments to FY2020-2021 work plan goals, identified assignment overlaps, and filled in remaining assignments. Additionally, the Committee emphasized the importance of simplifying the Committee's matrix for structuring workplans and updating status (Attachment A). On July 6, 2021, the advisory boards presented a status report to the City Council on their activities from January 1, 2021, to June 30, 2021. Additionally, the boards sought approval from the City Council for their upcoming fiscal years 2021-22 work plans. During this meeting, Committee Chair Maizlish reported on the Emergency Preparedness Committee's accomplishments over the previous six months and the Committee's goals for the first half of the fiscal year.The City Council expressed its gratitude to the Emergency Preparedness Committee, approved the Committee's workplan as presented, and provided feedback and recommendations. This evening, Emergency Services Coordinator Villalpando will provide a high-level update on meetings held by the Emergency Preparedness Committee's FY 2021-2022 EPC Work Plan Subcommittees and will seek direction from the Committee on planning, prioritizing, and implementing the Committee's goals for the first six months of the fiscal year. WORKPLAN GOAL # 1 Incorporate key lessons learned from Woolsey AAR regarding emergency communications , emergency playbook, resources , and drills/training into all four surrounding Peninsula cities emergency planning . Subcommittee Members Target Date for Completion Status (%) • Member Braswell • Chair Maizlish 10/31/2021 40% COMMENTS/STATUS • January 21, 2021-Committee Members presented on key takeaways and lessons learned in responding to the Woolsey Fire from their meeting with the City of Malibu and the Topanga Coalition for Emergency Preparedness (T-CEP). • On February 25, 2021, staff from the four Peninsula Cities participated in a virtual tabletop exercise with regional first responder partners. • On April 20, 2021 , Subcommittee Members met with representatives from the Montecito Fire Protection District. • On Jul 17, 2021, Subcommittee Members met with re resentatives from the Oran e Count Fire Watch . WORKPLAN GOAL # 2 Scheduling specific topic presentations to the EPC and/or City Council with subject-matter experts from utilities and cell phone companies . • October 6, 2020 and October 20, 2020 Southern California Edison and Cox Communications provide a presentation during the City Council meetings. • On April 20, 2021 Cal Water is tentatively scheduled to provide a review of rate Increase to City Council. WORKPLAN GOAL # 3 Monitor and support forthcoming home and community hardening standards for insurance companies from the California Department of Insurance. • On April 7, 2021, Committee Members and City Staff met with representatives from the California Department of Insurance to develop a better understanding of how the City can avoid premium increases and reduced insurance availability for residents and neighborhoods interested in fire-hardening their homes . WORKPLAN GOAL # 4 Collaborate with CHOA/Neighborhood Watch and other organizations to improve neighborhood safety and emergency preparedness through public education campaigns and the development of a uniformed , up-to- date , easily maintained list of residents who ma require additional assistance durin an emergency. The Subcommittee has distributed monthly emailing messaging to residents with emergency preparedness information and educational materials in the months of September, October, November, December, January , Februar , March, A ril, Ma and June WORKPLAN GOAL # 6 Revamping of the emergency preparedness webpage , adding value , and ensuring ease of access to the webpage including the creation of an emergency status webpage that residents can easily access prior to , . I f II . WORKPLAN GOAL # 8 Develop detailed recommendations for wildfire hardening , including : Identifying grants/tax incentives for residents interested in fire hardening homes/neighborhoods (roofs, screens , trees , defensible space), upgrading cell towers to operate without power for 48 hours, utilities hardening transmission infrastructure, residential power back-up resources and fire hardening of strategically placed public access building that can be used by residents if required to shelter in place . During the June 17 EPC Meeting City Staff provided the Committee an update on obtaining this information from wireless and wireline communication providers servicing the Palos Verdes Peninsula as re uired b the CPUC's Decision Ado tin Wireless Provider Resilienc Strate ies . CITYOF RANCHO PALOS VERDES EMERGENCY PREPAREDNESS COMMITTEE AGENDA REPORT AGENDA TITLE: MEETING DATE: 08/19/2021 AGENDA HEADING: New Business Review of wireless service providers' Emergency Operations Plans Fillings With the California Public Utilities Commission's (CPUC) RECOMMENDED COMMITTEE ACTION: Receive and file. STAFF COORDINATOR: Jesse Villalpando, Emergency Services Coordinator ATTACHED SUPPORTING DOCUMENTS: A. Decision Adopting Wireless Provider Resiliency Strategies BACKGROUND During its meeting on April 15, 2021, the Committee was provided with an overview of the California Public Utilities Commission's (CPUC) Decision Adopting Wireless Provider Resiliency Strategies, as summarized below. • Defines wireless resiliency as the ability to recover from or adjust to adversity or change through an array of strategies including, but not limited to: backup power, redundancy, network hardening, temporary facilities, communication and coordination with other utilities, emergency responders, the public and finally, preparedness planning; • Adopts a 72-hour minimum service coverage requirement during grid outages or disasters; Wireless providers have twelve (12) months from the effective date of this decision to implement this requirement. • Requires wireless providers to file resiliency and emergency plans that detail their ability to maintain a minimum level of service and coverage during a disaster or a commercial power grid outage; • Transitions away from diesel backup generators to renewable backup generation; and • Directs wireless providers to submit annual emergency operations plans that demonstrate their procedures to collaborate with the California Public Utilities Commission and the California Governor's Office of Emergency Services during a disaster or commercial grid outage. At the April 15 meeting, the Committee discussed the need for the City to monitor the wireless provider's adoption of a 72-hour minimum service coverage requirement during grid outages or disasters within the City of Rancho Palos Verdes; as well as, the requirement for wireless providers to file resiliency and emergency plans that detail their ability to maintain a minimum level of service and coverage during a disaster or a commercial power grid outage. As a result of this discussion, the Committee directed Staff to reach out to wireless and wireline communication providers and to request a copy of their required Communications Resiliency Plans. On May 20, 2021, The Emergency Preparedness Committee discussed the importance of wireless and wireline provider resiliency efforts in assuring their ability to maintain a minimum level of service and coverage during a disaster or a commercial power grid outage. During this meeting, Staff provided the Committee with an update on obtaining this information from wireless and wireline communication providers servicing the Palos Verdes Peninsula as required by the CPUC. Emergency Services Coordinator Villalpando informed the Committee he has obtained from the CPUC a copy of emergency operations plan filings from various wireless service providers servicing the Palos Verdes Peninsula. The Committee discussed the need for the City to obtain additional information on the proposed City-specific implementation plan of the 72-hour backup requirements. At the July 15, 2021 meeting, City staff provided an overview and next steps based on their review of these plans, as well as solicited guidance from the Committee regarding the information they would like to obtain from wireless and wireline providers serving the City of Rancho Palos Verdes in preparation for additional outreach. As a result of this meeting, the Committee directed Staff to compile a list of discussion questions prior to inviting representatives from wireless carriers to meet with the Committee and schedule a coordination meeting with the two major wireless providers to discuss their plans to implement the CPUC-mandated resiliency projects. Tonight, Tonight, Staff will provide an update in obtaining additional information from wireless and wireline communication providers serving the Palos Verdes Peninsula, as required by the CPUC Decision Adopting Wireless Provider Resiliency Strategies, as well as in scheduling coordination meetings. CITYOF RANCHO PALOS VERDES EMERGENCY PREPAREDNESS COMMITTEE AGENDA REPORT AGENDA DESCRIPTION: MEETING DATE: 08/19/2021 AGENDA HEADING: New Business Presentation on key takeaways and Lessons Learned from Meeting with the Wildfire Preparedness Coordination Meeting with Orange County Fire Watch RECOMMENDED COMMITTEE ACTION: Discuss the key takeaways and Lessons Learned from meeting with the Wildfire Preparedness Coordination Meeting with Orange County FireWatch and provide further direction to Staff. STAFF COORDINATOR: Jesse Villalpando, Emergency Services Coordinator "J. v. BACKGROUND AND DISCUSSION: On Tuesday, July 13, 2021, members of the City's Emergency Preparedness Committee Subcommittee on Incorporate key lessons learned from Woolsey AAR regarding emergency communications, emergency playbook, resources, and drills/training into all four surrounding Peninsula cities emergency planning met with representatives from the Orange County Fire Watch Program, a volunteer network dedicated to deterring arson, ensuring early fire detection, and educating the public about fire danger. During this meeting, Orange County Fire Watch Program Manager Tony Pointer shared best practices, lessons learned and insights with committee members and staff regarding the establishment, deployment, and coordination of this volunteer network and the practical application of closed-circuit cameras for wildfire detection. Tuesday's discussion centered on the process by which volunteers from the Orange County Fire Watch Network are activated and deployed to high visibility locations near likely ignition sources throughout the Orange County Parks system in response to National Weather Service Red Flag warnings indicating a high fire risk. Fire Watch Program Manager Tony Pointer further briefed Subcommittee Members and staff that the Fire Watch Program employs a hybrid system of on-site and remote monitoring by enlisting several volunteers to monitor a variety of camera feeds for early indications of wildfire ignitions via the publicly accessible ALERTWildfire camera network. Additionally, Tony emphasized the critical role of fire watchers in detecting and reporting fires before they spread and further noted that field fire watchers also routinely report medical emergencies due to their proximity to trailheads. Additional information on the Orange County Fire Watch program is available at: www.ocparks.com/about-us/volunteer/orange -county-fire-watch Tonight, Committee Members and City Staff will present a summary of key takeaways from meeting with the Orange County Fire Watch Program and the applicability of the lessons learned to the City of Rancho Palos Verdes and Peninsula Community. City Staff is seeking additional direction in the planning and implementing of these identified lessons learned . TO: FROM: DATE: SUBJECT: CITYOF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK JANUARY 17, 2022 ADDITIONS/REVISIONS AND AMENDMENTS TO AGENDA Attached are revisions/additions and/or amendments to the agenda material received through Monday afternoon for the Tuesday, January 18, 2022 City Council meeting: Item No. 1 3 4 Description of Material Email exchanges between City Manager Mihranian and: Jeff Kutter; Matthew Stankey; Email exchanges between Mayor Bradley and: Paul Czaplicki; Maureen Beck; Emails from: Marsha Davis; Carol Lewis; Joan Davidson Emails from: Don Bell; Patricia Stenehjem; Herb Stark; Bill and Marty Foster Attachment A (EDCO Agreement); Questions asked by Mayor Bradley Respectfully submitted, ~~ Teresa Takaoka L:ILATE CORRESPONDENCE\202212022 Coversheets\20220118 additions revisions to agenda thru Monday.docx From: Sent: To: Cc: Subject: Ara, Jeff Kutter <jeffkutter@cox.net> Monday, January 17, 2022 11 :03 AM Ara Mihranian Megan Barnes; Karina Banales; Jesse Villalpando; McKenzie Bright; CC; CityClerk RE: Lease Renewal for Martin Martinez/Hatano Farm Thank you for your timely response and clarification of the issue. Hoping something can be done to allow Mr. Martinez to continue working the Hatano farm. Again our family appreciates your consideration. Sincerely, Jeff Kutter From: Ara Mihranian [mailto:AraM@rpvca.gov] Sent: Monday, January 17, 2022 9:45 AM To: Jeff Kutter Cc: Megan Barnes; Karina Banales; Jesse Villalpando; McKenzie Bright; CC; CityClerk Subject: RE: Lease Renewal for Martin Martinez/Hatano Farm Good morning Jeff, Thank you for taking the time to write me regarding the historic significance of the Hatano Farm and your connection to it. As you can imagine, this is complicated matter that dates back to when the City acquired the property from the U.S. Department of Defense in late 1970's. The property is encumbered with restrictions administered by the National Park Service (NPS). One of the restrictions is the prohibition of leasing the property. The City has been notified by the NPS in the past that the farm operation does not comply with the restrictions (commonly known as the Program of Utilization) . . That said, the City Council will consider at its meeting tomorrow (January 18) whether they want to reconsider their November 16 adopted-motion to, among other things, terminate the lease with Mr. Martinez (the current operator). I will make sure our email exchange is provided to the City Council as late correspondence in advance of the meeting. Let me know if you have any follow-up questions. Ara Ara Michael Mihranian 1 City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 310-544-5293 (fax) aram@rpvca.gov www.rpvca.gov Do you really need to print this e-mail? This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privile9cd, confidential and/or· pmtected from disclosure. The information is intenclecl only for use of the individual or entity named. Unauthorized dissemination, distribution, or copyinq is strictly prohibited. If you r·eceived this ernail in error, or are not an intended recipient, please notify the sender immediately. Thank you for your assistance and coopc'r·ation. DOWNLOAD 'hl';i ~ CttllO-N ~--Google Play From: Jeff Kutter <jeffkutter@cox.net> Sent: Saturday, January 15, 2022 2:06 PM To: Ara Mihranian <AraM@rpvca.gov> Cc: Megan Barnes <mbarnes@rpvca.gov>; Karina Banales <kbanales@rpvca.gov>; Jesse Villalpando <jvillalpando@rpvca.gov>; McKenzie Bright <mBright@rpvca.gov> Subject: Lease Renewal for Martin Martinez/Hatano Farm Ara, I'm writing this letter asking the city of Rancho Palos Verdes to reconsider the termination of the lease on the Hatano farm and allow Martin Martinez to continue farming the land. Our family moved to Palos Verdes in 1971 when I was in 8th grade. Since that time I've been close friends with Dwight Hatano and his family. I have great memories of his Dad (James Hatano) and being on the Hatano farm. Most everyone's parents I grew up with in PV were corporate business professionals, Doctors or Lawyers. James Hatano ran his own business, he was unique in that he was a farmer. Back in the early '70s I didn't think too much about Mr. 2 Hatano and how he made a living. As a I've grown older, I have a greater level of respect for him and the hard work he did to have a successful farm in Palos Verdes allowing him to raise a family with 5 kids. Renewing the lease on the Hatano farm is good for the community. It allows Mr. Martinez to work the land, support his family and provides a revenue stream for Rancho Palos Verdes. Most importantly it honors the Japanese farming families like the Hatano's and lshibashi's. Their heritage and contributions are a valuable part of the history of the Palos Verdes Peninsula and should not be forgotten. They are an example that hard work, determination and perseverance leads to prosperity. Allowing Mr. Martinez to continue farming demonstrates these values to our younger generations. Ara, thanks again for reconsidering the lease renewal. Sincerely, Jeff Kutter 19 Pinewood Dr. Coto de Caza, CA 95679 (949) 887-4864 3 From: Sent: To: Cc: Subject: Good morning Matthew, Ara Mihranian Monday, January 17, 2022 9:42 AM Matthew Stankey CC; Karina Banales; CityClerk RE: Hatano Farm -Support for Historic Status Thank you for taking the time to write me regarding the historic significance of the Hatano Farm. As you can imagine, this is complicated matter that dates back to when the City acquired the property from the U.S. Department of Defense in late 1970's. The property is encumbered with restrictions administered by the National Park Service (NPS). One of the restrictions is the prohibition of leasing the property. The City has been notified by the NPS in the past that the farm operation does not comply with the restrictions (commonly known as the Program of Utilization). That said, the City Council will consider at its meeting tomorrow (January 18) whether they want to reconsider their November 16 adopted-motion to, among other things, terminate the lease with Mr. Martinez (the current operator). I will make sure our email exchange is provided to the City Council as late correspondence in advance of the meeting. Ara Ara Michael Mihranian City Manager 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 310-544-5202 (telephone) 310-544-5293 (fax) aram@rpvca.gov www.rpvca.gov ~ Do you really need to print this e-mail? This e·rnail messa9e contains inforrnat:ion belonging t:o the City of Rancho Palos Verdes, which may be privileged, confidential ancl/or protected from disclosure, The information is intended only for use of the individual or-entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received this ernail in errnr, or are not an intended recipient, please notify the sender· irrnnediately. Thank you frx your assistance and cooperation. 1 / DOWNLOAD 'hl';i Avoilobf• In th-• App Stot11 and Googl• Ptoy .... GETITON ~ Google Play From: Matthew Stankey <mhstankey@gmail.com> Sent: Sunday, January 16, 2022 11:46 AM To: Ara Mihranian <AraM@rpvca.gov> Subject: Hatano Farm -Support for Historic Status Hello sir: I am very proud to be from Palos Verdes; Rancho Palos Verdes in particular where I grew up building forts and riding bikes on the hillsides overlooking Catalina Island. My community-active parents, Ron and Mary Stankey, resided in RPV for nearly half a century. They are now interred at Saint John Fisher. PV is deeply ingrained in my heart and soul, and is more than a significant part of my heritage and cultural upbringing. As such, the Hatano Farm saga hit a chord with me. I remain close friends with one of the Hatano kids who was my classmate. His Japanese history is every bit as important as the history of my European ancestors arriving in New York Harbor over a century ago. The notion of recognizing some part of Hatano Farm and the surrounding area as a national historic site well-reflects the cultural sensitivity and historic awareness that I believe our PV Community has fomented over the years. That entire hillside is blessed --and historic --from its crest at the iconic 16th tee to the tidepools far below which served as food source, indigenous trading post and eventually TV filming location! It is a place filled with historic memories like the mysterious Nike site bunkers and military buildings; home to Marymount College and the Salvation Army; a canvas for acres of flowers and cactus tended by immigrants who brought an amazing work ethic to our society. Many of us came of age riding those cliff-top bike trails. And the beloved Marineland of the Pacific supplied many PV youth with their very first jobs. Some degree of further development in this historic "corridor" is, I suspect, inevitable. But let's be sure to do it with dignity and compassion for everyone involved, executed over a timeframe that is balanced, equitable and predictable. And the plan should take into account --and fully respect --the wonderful history that is reflected here ... a history that is not just that of our proud Palos Verdes community, but one which is of import to our entire country. You and your colleagues are the entrusted stewards of a very special, historic place, and I thank you for your thoughtful consideration as you deliberate these matters. Matt Stankey Matthew H. Stankey 2 From: Sent: To: Subject: Karina Banales Thursday, January 13, 2022 2:15 PM CityClerk FW: Hatano Farm From: David Bradley <david.bradley@rpvca.gov> Sent: Thursday, January 13, 2022 1:51 PM To: Paul Czaplicki <paulczaplicki@gmail.com> Cc: Barbara Ferraro <barbara.ferraro@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov>; Karina Banales <kbanales@rpvca.gov> Subject: RE: Hatano Farm Paul, Thanks for the note. If the RPV city council votes to reconsider the issue at our next meeting, city staff will be asked to bring back multiple COAs for consideration. It is a very nuanced issue, and we need to think out of the box, to find an equitable and historically appropriate solution. Regards Dave David Bradley Mayor and Councilmember -Rancho Palos Verdes david.bradley@rpvca.gov (310) 487-2418 Cell Phone City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 From: Paul Czaplicki <paulczaplicki@gmail.com> Sent: Thursday, January 13, 2022 9:18 AM To: David Bradley <david.bradley@rpvca.gov> Subject: Hatano Farm Mr. Mayor, I read in the Daily Breeze about the discussion surrounding the Hatano farm. I've got to admit, it's a predicament that seems hard to reconcile. The arguments for keeping it are clear: 1 /. • -it's the last remnant of the farms worked by the Japanese on the peninsula • -The current farmer, Mr. Martinez (originally from Mexico) has been continuing the operation since 2015 The arguments against as also clear: -out of compliance with the federal land use grant -Mr Hatano passed away in 2015 and his family is no longer involved in the farm, significantly diminishing the Japanese -American connection. I've got to wonder if there isn't some form of compromise? Perhaps something is needed to provide appropriate historical interpretation to address the issues? One possible solution: Having hiked in the Alta vista area, the trail through the farm is both steep and lacking any context. Nowhere is there any information on the farm, or the Japanese who ran farms predating the Second World War and how presidential order 1066 caused their closures and the subsequent internment of Japanese and Japanese Americans. The juxtaposition of the farm, it's cactus and flowers, stand in start contrast to the military installation which it is adjacent to. The bunker remnants from both World War Two and the Cold War are similarly unkept. I also wonder if the terrenea team could be enticed to help provide assistance in developing the appropriate interpretation items, perhaps in exchange for Mr. Martinez growing organic herbs or vegetables ... after all, Mr. Martinez benefits from the least expensive land lease rate on the peninsula. Such a scenario could see the local schools doing a "day hike" on the trails, learning the history of the farms, the tamers, and the military. Thus the farm changes from a heavily subsidized commercial enterprise, to a living museum. Mr. Martinez changes role from commercial farmer to docent. Or this is just a Pollyanna thought. 2 Ultimately, it seems to me without some appropriate historical accommodation, ending the lease is the most logical solution given the compliance issue. After all, would Mr. Martinez turn the running over to someone else when HE retires? How long does this propagate and through how many generations? Best regards, Paul Czaplicki Sent from my iPad 3 From: Sent: To: Cc: Subject: Attachments: Good morning, Karina Banales Wednesday, January 12, 2022 7:50 AM Teresa Takaoka CityClerk Fwd: Hatano Farm -Martin Martinez qkfClodDRuOestCsQ26oYg_thumb_3ee9.jpeg; City of RPV -Hatano Farm.pdf Late correspondence. Sincerely, Karina Banales Deputy City Manager 0 ""0 '~""-''·'-~---City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes. CA 90275 (310) 544-5203 kbanales@rpvca.gov Please consider the environment before printing this e-mail. City Hall is open to the public during regular business hours. To help prevent the spread of COV/0-19, visitors are required to wear face coverings and adhere to physical distancing guidelines. Some employees are working on rotation and may be working remotely. If you need to visit City Hall, please schedule an appointment in advance by calling the appropriate department and follow all posted directions during your visit. Walk-ups are limited to one person at a time. Please note that our response to your inquiry could be delayed. For a list of department phone numbers, visit the Staff Directory on the City website. Begin forwarded message: From: David Bradley <david.bradley@rpvca.gov> Date: January 12, 2022 at 6:43:02 AM PST To: Maureen Beck <mbeck305@me.com> Cc: Ara Mihranian <AraM@rpvca.gov>, Karina Banales <kbanales@rpvca.gov>, Barbara Ferraro < ba rba ra. f e rra ro@rpvca.gov> Subject: Re: Hatano Farm -Martin Martinez Maureen, Thank you for your note and your thoughts. All of your suggestions are on the table. If, at our next meeting, the issue is voted on to be reconsidered, Staff will be coming back to the City Council various options and recommendations. There has been a lot of thought on this issue over the last several months. /. Dave David Bradley Rancho Palos Verdes City Council david.bradley@rpvca.gov Sent from my iPad On Jan 11, 2022, at 10:45 PM, Maureen Beck <mbeck305@me.com> wrote: CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Mayor Bradley N Attached find some thoughts and ideas regarding the issue of the eviction of Mr. Martinez. Thank you for your hard work on behalf of the residents of the City of Rancho Palos Verdes. Sincerely, Maureen Beck 2 Maureen Beck 27938 Ridgecove Ct. N. Rancho Palos Verdes, CA 90275 310 377-3459 David L. Bradley, Mayor City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Dear Mayor Bradley, January 11, 2022 I'm writing in regards to the issue concerning the Hatano Farm and its caretaker, Mr. Martin Martinez. Kudos to the City of Rancho Palos Verdes for reconsidering the issue of evicting Mr. Martinez. I am hopeful that a creative, innovative solution might be designed -one that would mutually benefit all parties involved, the federal government's Trust for Public Land, the City of Rancho Palos Verdes, Mr. Martinez, and the public. One thought, could the city hire Mr. Martinez as groundskeeper/caretaker for this plot of land? Part of his job description could be written to include "Maintain, conserve, and manage the grounds of the historic Hatano farm site in order to preserve this valuable cultural resource for the public benefit." The Trust for Public Land requires the "protection of open spaces" for public use. This mandate has already been fulfilled as there are already well worn public trails around and through the site. (Prickly Pear Trail, Alta Vicente Trail) In order for Mr. Martinez to keep working the historic farm, maybe the Trust for Public Land folks would be appeased if the following enhancements were made for the public benefit: What about creating an additional small community garden so the public can learn about the important cultural heritage of the Hatano Farm while still allowing it to remain as a productive tract of land? I believe historical preservation is required for approved use of government land, isn't it? The National Conservation Easement Database (NCDE) of which the Trust for Public Lands is a partner, states that "Conservation Easements protect habitat as well as protects working farms." Maybe a grant proposal would be beneficial? Funds to create a diorama showing the history of Japanese farming on the hill, the Hatano farm, the Ishibashi family, Annie's Stand, and others? Maybe Annie's Stand could be reconstructed at this location? Vegetables and flowers from the garden could be sold from Annie's Stand. I think I read somewhere that the City of RPV still has the stand in a dismantled form. Reach out to the families of these farmers for their input to honor their family legacy. This last remaining working plot managed by Mr. Martinez could be the demonstration farm. According to the Trust for Public Lands website, they occasionally help partners locate or apply for grants in conjunction with an ongoing project. What about partnering with the Palos Verdes Peninsula Land Conservancy or other organization regarding creating and propagating a community dry farming vegetable and flower garden utilizing native and other plants? If approved, this adjacent community garden could be overseen by docents/volunteers to educate the public, school students, and others about the "dry farming" method used by the Japanese farmers. This method utilized no irrigation to grow cactus, artichokes, beans, tomatoes, cucumbers, peas, etc. What about partnering with the Cal State Long Beach Department of Environmental Science and Policy faculty? Research, collection and analysis of environmental data of this natural landscape as related to the practice of dry farming, might have unexpected benefits in these times of extended drought and concerns over environmental sustainability. Since trails already exist around the Hatano plot (Prickly Pear Trail, Alta Vicente Trail), and ample public parking is available above the Hatano farm near the helipad, there is already easy access for the public to hike and view and learn about the history of Japanese farming on our peninsula. If approved, this would be the ideal location for the addition of the small public community garden as appropriate, and perhaps Annie's Stand as mentioned above. This would meet the mission statement of the Trust for Public Lands to "ensure healthy, livable communities." Maybe these ideas have already been considered. Perhaps there are already plans for a space to honor the history of Japanese farmers on the hill included with the new design of the RPV City Hall complex and surrounding land. I hope this problem will nicely solve itself, and Mr. Martinez will be able to keep sharing his gift and doing what he does so well. .. taking care of the land. Public land for public good. Anyway, these are just some brainstorming ideas. I'm sure there are many concerns of which I'm not aware. Best of luck to you as you grapple with this "prickly" (as in prickly pear cactus!) issue! Best regards, Maureen Beck From: Sent: To: Subject: Late corr Teresa Takaoka Monday, January 17, 2022 2:19 PM CityClerk FW: Reconsideration of CC decision From: jackmarshadavis@aol.com <jackmarshadavis@aol.com> Sent: Monday, January 17, 2022 2:14 PM To: CC <CC@rpvca.gov> Subject: Reconsideration of CC decision Members of the Rancho Palos Verdes City Council: It was with delight that I read the cover story article in the Peninsula News on Thursday, January 13th: Japanese American farm could get a reprieve. Kudos to Councilwoman Barbara Ferraro who had the courage to think that maybe the CC had not thought things through throughly enough, and for her asking that the closing of the farm be given further consideration! I am proud to own property in a city where the CC members serve with humility, and are willing to reconsider their past decisions. I have no idea how your discussion tomorrow night will go, nor do I know what is possible, and what isn't possible. After attending your Sakura Sister City presentation, I wondered what more could be done to honor that liaison Is it possible to honor the heritage of the original Japanese farmers in RVP, and at the same time honor the present, and the sister-city liaison? Would the city be "in compliance with the Federal Lands to Parks Program" if a Japanese garden was created on a portion of the property ---a garden where families could bring their children, and learn of both the original farmers, and of the sister-city liaison? I think perhaps you, as the city leaders, have been given a unique opportunity. I ask you to vote, tomorrow night, for reconsideration, and then to brainstorm the possibilities. Thank you for being who you are, and for the endless hours you devote to serving the city of Rancho Palos Verdes. Sincerely, Marsha Davis Property owner 1 / From: Sent: To: Subject: lewis chineseaccent.org < lewis@chineseaccent.org > Friday, January 14, 2022 8:15 AM CityClerk Keep the Japanese gardener in RPV CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hello, The Japanese and their gardens are part of the Palos Verdes Peninsula's history. I implore you to keep it. Cheers, Carol A. Lewis 3200 LaRotonda Drive 408 RPV 3478197761 1 From: David Bradley <david.bradley@rpvca.gov> Sent: Monday, January 10, 2022 12:54 PM To: Joan Davidson <j135cooper@yahoo.com > Cc: Ara Mihranian <AraM@rpvca.gov >; Barbara Ferraro <barbara.ferraro@rpvca .gov>; Karina Banales <kbanales@rpvca.gov >; Teresa Takaoka <TeriT@rpvca.gov > Subject: RE: the Hatano Farm --let's keep the farm and the Peninsula Heritage -some ideas Joan, Thanks for the note. The City Council will address if we want to reconsider the continued operations of the "Hatano Farm" at the 1/18/2022 RPV CC meeting. Please feel free to join us Via Zoom that night, and make any public comments you feel appropriate. Regards Dave David Bradley Mayor and Councilmember -Rancho Palos Verdes dav id.bradley@rpvca.gov (310 ) 487-2418 Ce ll Phone City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 From: Joan Davidson <j135cooper@yahoo .com > Sent: Sunday, January 9, 2022 10:55 AM To: Ara Mihranian <AraM@rpvca.gov >; CC <CC@rpvca .gov> Subject: Re: the Hatano Farm --let's keep the farm and the Peninsula Heritage -some ideas CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes . Dear Ara and RPV Council Members, I have read with great interest the issue of keeping the Hatano farm. What time would be better than this to celebrate the diversity of our community and its' legacy than keeping the farm? So many ways to meet the Federal requirements come to mind. Let's celebrate our past, since the Peninsula was purchased as a whole by Frank Vanderlip with the intent of one community. I think that you'll find huge community support and I'm all for it! Please count me in. Thank you Joan Davidson I Some ideas for public use and compliance: Allowing the school children to visit the farm on scheduled tours ; allowing public scheduled tours with organized groups; creating a local history discussion/project for school children w/local librarians (could be virtual); putting up a plaque honoring those Japanese farmers/residents who lived in our community . Did you know there was a Japanese school on the Peninsula long ago? Nihongo Gakuen was a Japanese language school in Palos Verdes. Seen on the PV Library website -the Library also features the 40 Families Project. Abstract/ Descriptio n: Image sh ows gro up of women and children in fro n t of a single-story wo od structure home of the Pa los Ve rd es Niho ngo Gak u en . Image sta m pe d wit h "Ta naka Stud io/ E. First St. / Los A nge les , CA " at cente r . T h e Pa los V erdes Ni h o n go Gaku en was a Ja pa n ese language schoo l establ ished i n 1926 i n Palos Verd es . It was started with fo u r teachers a n d eighty students. St udents atte nded the language schoo l on Saturdays d uring t h e regu lar school y ear and du r i ng s u mmer vacat ion . Identified from left to right, first row : Mitsuro Nakano (1st), Nobu o Yasak i {10th); second row: Misuno Nakano (1st), Tats u n o Ash imoto (6th), Kaoru Hashim oto (7th); t hi rd r ow : Mary Kubota (3rd ), Mari ko Ohno (6th), Fumiko Yosh imot o (8 t h ), Ha ru ye Yos h i mo to (1 0 th ), Yuki Ash izawa (1 2th); and fourth row : Mrs . Oh n o /3rd ): T om izo Ishib ashi h oldina so n Torno /8th ). Th e 40 Families Project: https://palosverdeshistory.org/islandora/object/pvld%3A7670 Today's Daily Breeze: https://www.dailybreeze.com/2022/01/08/historic-japanese-american-farm-in-rancho-palos- verdes-could-get- reprieve/?utm email=F45A83D1F3C3A3F5C413846F18&g2i eui=2xxmHAxLOB4vaKjAeqgt mSFg%2bXTok4zP&g2i source=newsletter&lctg=F45A83D1F3C3A3F5C413846F18&active =yesP&utm source=listrak&utm medium=email&utm term=https%3a%2f%2fwww.dailybree ze .com%2f2022%2f01 %2f08%2fhistoric-japanese-american -farm-in -rancho-pa los -verdes- could-get-reprieve%2f&utm campaign=scng-db-localist&utm content=curated From: Sent: To: Cc: Subject: Donald Bell <dwbrpv@gmail.com> Monday, January 17, 2022 2:13 PM CityClerk Home Bell City Council Meeting January 18, 2022 -Regular Business item 3 I speak again the RPOS Staff Recommendation. Dear City Council Members, It is apparent that Recreation, Parks and Open Space Staff led by Cory Linder continues to back you into making one challenged decision after another. His vision for the city is vastly different from mine. The Ladera Linda Project has been presented over many years by RPOS Staff to multiple Councils in isolated parts. Now you have no reasonable solutions to avoid significant negative impact on our LLHOA neighborhood and the Preserve itself. From the beginning, the concept of an upgraded Park has clearly been directed piecemeal by RPOS Staff. Rather than creating an integrated area plan that could satisfy both the local need for a refreshed, low cost, small park and building along with a new look at handling crowds visiting the Park or Preserve; pieces of a plan were presented individually. Alternate designs and options suggested by LLHOA residents were frequently rejected out of hand by the RPOS Staff with minimal to no debate with us. take no responsibility now for what is being constructed -unfortunately, Cory doesn't have to live here but I do! What should have begun with a complete analysis of traffic, neighborhood center needs, parking requirements for the Preserve, timeline and a limited budget; was actually a leap into a building design with no constraints. So a beauty contest was run for a design with no defined limits as RPOS Staff kept pushing elements into the future. RPOS Staff was successful in defining needs of a huge building while avoiding handling Preserve parking as a part of the Park (or during the construction stage). They even managed to recommend inadequate parking for the park itself. You should anticipate sunset viewing or rental use in the Park in the future to become a significant new Park problem. And past Councils began an approval scenario that placed one unrelated decision on top of the previous bits. Any thought of financial control was lost years ago. Any ability to meld needs of the Park and Preserve are long gone. The gate on Forrestal was installed at Neighborhood request due to city inability to manage uncontrolled access on Upper Forrestal. The LLHOA suggested revising the parking plan at the existing Park to stop open:ng Upper Forrestal as well as keep crow::.3. from searching for parking within the community. We had an urgent need to protect ourselves from RPOS Staff. RPOS Staff continues to push an open Upper Forrestal. The current recommendation for you to approve requires you to answer one question. Where will the cars and people go who don't want to reserve or pay to park using the $80,000 design? They will either park down Forrestal or drive through our neighborhood looking for parking! You will have an even worse situation at Ladera Linda than now exists with the unused paid parking system at Del Cerro -few will use it to the detriment of the neighborhood. RPOS Staff is not protecting LLHOA. Please reject the RPOS Staff plan. It will do nothing to alleviate pressure on our local streets. RPOS Staff Project Management continues to add one more burden for the LLHOA Neighborhood to bear. Staff does have the ability to create multiple misleading and isolated justifications for spending money. Can you conceive of approving in 2016 at the beginning a project that would cost more than $20 million dollars for a RPV small park? And consider just one point -"why Staff believes a 20'x8' shelter is needed when portable parking attendant booths are readily available at 4'x4'?" And there is no booth necessary at Del Cerro! An alternate solution for Preserve parking during construction is to add parking stall striping on Lower Forrestal. Then hire temporary guides to keep Preserve and AYSO Parkers out of Pirate and directed back down to Trump National when Forrestal fills. These personnel should be empowered to suggest compatible behaviors to the neighborhood (no trash, queuing, early arrival, noise, speeding, etc). Respectfully, Don Bell LLHOA resident 2 From: Sent: To: Subject: Follow Up Flag: Flag Status: LC Teresa Takaoka Monday, January 17, 2022 8:27 AM CityClerk FW: Forrestal Parking Plan Follow up Flagged From: patricia stenehjem <patsyanntoo@yahoo.com> Sent: Sunday, January 16, 2022 2:34 PM To: CC <CC@rpvca.gov> Subject: Forrestal Parking Plan Dear City Council Members, I have just read the report on the "temporary" parking plan for Forrestal Drive. First of all, I want to state my opinion again that having parking beyond the Forrestal gate is not a good option, due to the noise, traffic, trash, etc., it would probably generate in the adjacent neighborhood. That said, I am especially opposed to spending an additional $80,000, as proposed, and I hope you will veto the request for the additional funds. Sincerely, Patricia Stenehjem 32215 Searaven Dr. Rancho Palos Verdes 90275 1 From: Sent: To: Herb Stark < pt17stearman@gmail.com> Sunday, January 16, 2022 7:21 AM CityClerk; CC Subject: January 18 City Council Regular Business Item 3 Trends.pdf Attachments: Forrestal Reserve Parking and Traffic Management Concept Plan Does the City Council know that if they approve the staff recommended trail head parking above the Forrestal gate the city could potentially be liable knowing that: a. The Lomita Sheriff has said that there is a direct correlation between trailhead parking and crime. b. The present gate was placed there to prevent the dumping of trash in the canyon, fires and illegal parties. c. The increased traffic on Forrestal will potentially increase the already dangerous intersection at Forrestal and PV Drive South. Does the City Council know that if they approve the staff recommended trailhead parking and the expenditure of $80,000 plus, they would not be meeting their fiduciary responsibility when: a. There is adequate no cost parking below the no parking area on Forrestal and on Trump Way. b. The Council will be forced to provide costly onsite surveillance in light of the increase in crime that the city is presently experiencing. See attached. Who is the Council serving? It is not the residents. Council should reject staff's recommendation and close Forrestal behind the gate to Reserve parking. Herb Stark Rancho Palos Verdes 1 3. RPVCrime Date Auto Burglary Total Crimes 31 -Mar 9 6 42 2021 Crime Trends 3 0-Apr 3 3 26 80 30 31 -Mav 10 4 53 30-Jun 15 6 73 70 31 -Jul 12 2 70 25 VI a, 31-Aug 7 3 43 60 E 30-Sep 11 4 61 31 -Oct 14 8 62 30-N ov 21 2 5 8 31-Dec 23 5 6 5 VI 20 b a, so > E ... ·;: I'll U 40 15 00 ... 31-Jan 14 3 50 28-Feb 15 3 38 I'll ::::s +' 30 C0 ~ 10 ell 31-Mar 20 3 46 0 30-Aor 20 2 51 20 +' ::::s 31 -Mav 15 1 43 5 <( 30-Jun 14 2 42 10 31-Jul 12 2 37 31 -Auq 17 13 62 30-Sep 22 2 66 0 +--------------------------------------+ 0 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-0ct 1-Nov 1-Dec 31 -Oct 25 7 76 --Total Crimes -+-Auto ...,_Burglary --Linear (Total Crimes) --Linear (Auto) --Linea r (Burglary) 30-Nov 24 8 64 31-Dec 12 8 52 From: Sent: To: Subject: Attachments: Herb Stark < pt17stearman@gmail.com> Saturday, January 15, 2022 9:05 AM CityClerk; CC January 18 City Council Regular Business Item 3 Patrol-CurrentMonth-YTD-Rev A.pdf Forrestal Reserve Parking and Traffic Management Concept Plan Why would the City Council approve a trailhead parking lot in an isolated portion of Forrestal when the Lomita sheriff had stated that there is a direct correlation between crime and trailheads with the city facing a 34.8% increase in Part I crimes from 2020 to 2021? See attached document. Staff's recommendation of adding cameras is a false premise. The city and residents have spent thousands of dollars on cameras and yet we have had a 34.8% increase in crime. The only way to mitigate the crime issue is to have onsite security costing thousands of taxpayer dollars. This cost is undefined in the staff report and not included in the proposed $80,000 requested funding. To what aim? So visitors from outside the city can park close to the trailhead. There is ample parking below the no parking on Forrestal and on Trump Way. Who is the Council serving? It is not the residents. Council should reject staff's recommendation and close Forrestal behind the gate to preserve parking. Herb Stark Rancho Palos Verdes 1 3. CRIMINAL HOMICIDE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT LOMITA STATION PART I CRIMES JANUARY 1 • NOVEMBER 30 , 2020 vs. 2021 Lomita 4 1 -Rancho Palos Verdes 0 0 Rolling Hills 0 0 I Rolling Hills Estates 0 0 Un incorporated 0 0 Station Tota l 4 1 Lomita 0 4 Rancho Palos Verdes 3 6 ~is.oo¾ -N/C - N/C N/C N/C -75.00% N/C 100.00°10 ------------- RAPE I Rolling Hills 0 0 Rolling: Hills Estates 2 2 Unincorporated 0 0 Station Total 5 12 . ·-- Lomita 12 12 Rancho Palos Verdes 6 12 - ROBBERY I Rolling Hills 0 0 Rolling Hills Estates 2 2 Unincorporated 3 1 Station Total 23 27 Lomita 54 50 Rancho Palos Verdes 31 26 ---. AGGRAVATED A.SSAUL T Rolling Hills 0 0 I Rolling Hills Estates 6 3 Un incorporated 16 11 Statio n Total 107 90 Lomita 70 67 -----------Rancho Palos Verdes 40 44 , - VIOLENT CRIMES TOTAL Rolling Hills 0 0 I Rolling Hills Estates ---10 7 ·------Unincorporated 19 12 ---ft Station Total 139 130 Per the FBI Guidelines Homicide, Rape and Aggravated Assault are counted by victim . All other crimes are counted by incfdeoL except Arson which is always counted . Red depicts +30% i naeases and green depicts -30% decreases. N/C = Nol Calculable Source : LARCIS 5C UCR Data Re port geoerated on 12/19121 N/C 0.00% N/C 140.00°10 0.00% 100 00% ----- N/C 0 .00% -66.67 % 17.39% -7.41% -16.13% --- N/C -50.00% -31.25% .. 15.89% 4 .29% - 10.00% N/C _ -~~_O.OQ.!ci -3 6 .84% -6.47% 1 ·cRtMe: . . BURGLARY LARCE NY THEFT GRAND THEFT AUTO ARSON PROPERTY CRI MES TOTAL - LOS ANGELES COU NTY SHERIFF 'S DEPARTMENT LO MITA ST AT ION PART I CRI M ES JANU ARY 1 -NOVEM BER 30 , 2020 v s . 2021 -AltEA 2020 ·2021 · . .. -·· 'Pat&Nl!~HIHGl!1 .. , · , :.. t 1 I ;~ . • . ,i ... ~ , ' i. ·. ~ . ;._. ' ~ , -•• -. ~ . . . .; Lo mita 57 48 -15.79% Rancho Palos Verdes 61 75 22.95% ------ ~ --. --Rolli ng Hill s 3 1 -66.67% R olling Hill s E state s 25 24 4 .00% Unincorporat ed 10 16 60.00% Station T ota l 1 56 164 5.1 3% Lomita 189 206 8.99% --~------- Raneho Palos Verdes 208 288 38.46% -·-·""··--·-··--···-- RoUing Hills 3 4 33 .33%, R olling Hill s Estates 77 53 -31 .17% U n i ncorporated 41 38 -7.3 2% Station Tota l 51 8 589 13.71% Lomita 45 47 4.44% ------------·---··---- Rancho Palos Verdes 22 41 86.36% ---~ ----------- Rolling Hill s 0 0 N/C -----. -----· -------·-·------ R olling Hill s Estates 3 5 66.67% --. --· --------· --·--·----·------ Un incorpo ra t ed 9 11 22.22% ---. ---- Sta ti on To tal 79 104 31 .65% Lom ita 3 2 -33.33 % --. --------- Rancho Palos Verdes 2 1 -50.00% ------------... --~ -Ro lli ng Hill s 1 0 -100 .00% . ----. ------· ----------- Rolling Hills Estate s 0 0 NlC ---· Unin corp ora ted 0 1 N/C ---· --- Sta ti on To ta l 6 4 -33 .33% Lomita 294 303 3.06% Rancho Pafos Verd~s -:-:=---.:.-. ~-------. ---405 -----38.23% 293 Rolling Hills -7 5 ---28.57 % __ .,._ ... _ -------Rolling Hill s Estates ___ J OS 82 :21 .90% ·-Unincorpo rat ed 60 66 10.00% StaJi on Total 759 8$1' -13.44% Per the FBI Guidelines Homicide, Rape and Aggravated Assault are counted by victim . All other crimes a.re counted by inctdenl, e xcept A rso n whi ch is a lways cou nted. Red depicts +30 % in cre-ases an d green depicts -30 % decreases . N/C "'Not calculable Source: 1.ARC !S SC UCR Dala Report generated on 12119/2 1 2 PART I CRIMES TOTAL LOS ANGELES COUN:TY SHERIFF'S DEPARTMENT LOMITA STATION PART I CRIMES JANUARY 1 • NOVEMBER 30, 2020 vs. 2021 AREA Lomita Rancho P~los Verde,s Rolling Hills 364 370 ~~ 1.65% 333 ----,~ ·--449 -~---34.83% --r ----5~ ---2a.51% 1:1_5 ___ , ___ 8~ --_J _?'.!1~ RolJing Hills Estates Unincorporated ,___ ___ 7_9 78 :1.27°/c_o ___ __ Station Total 898 991 10.36% Per the FBI Guidelines Homicide, Rape and Aggravated Assaull a re counted by victim. All other crimes are counted by incident , except Arson whi ch is always counled.. Red depicts +30% increases and green depicts -30% decfeases. N/C "' Nol ca1culable Source : lARCIS 5C UCR Data Report generated on 12/19121 3 From: Sent: To: Subject: Herb Stark < pt17stearman@gmail.com> Friday, January 14, 2022 3:07 PM CityClerk; CC January 18 City Council Regular Business Item 3 Forrestal Reserve Parking and Traffic Management Concept Plan Why would the Council approve a trailhead parking lot, embedded in a residential neighborhood, when the Lomita Sheriff said that there was a correlation between crime and trailhead parking? Why would the Council approve $80,000 plus to provide parking for a trailhead that will increase the traffic and noise on a residential street? Why would the Council approve a trailhead parking lot that will attract a large number of outside visitors into a residential neighborhood during a city crime wave? Why would the Council approve a trailhead parking lot that was rejected by the majority of local residents? Who is the Council serving? It is not the residents. Council should reject staff's recommendation and close Forrestal behind the gate to preserve parking. Herb Stark Rancho Palos Verdes 1 From: Sent: To: Subject: Late corr -----Original Message----- Teresa Takaoka Thursday, January 13, 2022 12:59 PM CityClerk FW: Budget request From: martha foster <martycrna@gmail.com> Sent: Thursday, January 13, 2022 12:58 PM To: CC <CC@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: Budget request CAUTION: This email originated from outside of the City of Rancho Palos Verdes. We see staff is requesting 80K for temporary preserve parking behind the Forrestal gate. The community learned of this in a last Friday news drop giving residents little time to ask questions. As always, the surrounding neighborhoods are adverse to opening the gate due to crime, trash and fire concerns with any and all having access to fields where detection in real time is difficult particularly at night. The gate provides at least some proactive ability to mitigate said concerns. With the gate open those problems will be dealt with after the fact. Please consider the safety of RPV residents when deciding these matters. Safety is of paramount importance dwarfing financial worries but one wonders how many more infusions of cash this already costly venture will require. Thanks for your time. Bill and Marty Foster Sent from my iPad 3 From: Ramzi Awwad Sent: To: Saturday, January 15, 2022 7:15 PM cc Cc: Ara Mihranian; William Wynder; CityClerk Subject: RE: Late Correspondence for Regular Business Item 4-SB 1383 Regulatory Compliance Agreement w/ EDCO Attachments: Attachment A -Restated and Amended Franchise Agreement w EDCO v2.DOCX Honorable Mayor and Councilmembers, Attached is a revised version of the Restated and Amended Franchise Agreement with EDCO Disposal Corporation (Attachment A for Regular Business Item 4). The version I previously sent erroneously stated that the optional extension is 7 years, and this version corrects that error and states that the optional extension is 5 years. There is also a minor clarification in the clause for cart replacement. The version attached here is the one that will post as late correspondence. As always, please let me know if there is any further information I can provide. Thank you. Sincerely, Ramzi Awwad Public Works Director rawwad@rpvca.gov Phone -(310) 544-5275 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov DOWNLOAD '111.~· ~ GU!TC'M ~-Google Play This e-mail messacJe contains information belonging to the City of Rancho f'alos Verdes, which may be privileged, confidential and/or pr·otccted from disclos1.we. The infonnatio11 is intended only for use of the individual or-entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited. If you received thi<; email in error, or are not an intended r·ecipient, please notify the sender irnrnediately. Thank you for your assistance and cooperation. Due to the current surge of the COVID-19 Omicron Variant, Rancho Palos Verdes City Hall w!II be closed to walk-in visitors through January 30, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. From: Ramzi Awwad Sent: Friday, January 14, 2022 5:22 PM To: CC <CC@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; William Wynder <wwynder@awattorneys.com>; CityClerk 1 <CityCle rk@rpvca.gov> Subject: Late Correspondence for Regular Business Item 4-SB 1383 Regulatory Compliance Agreement w/ EDCO Honorable Mayor and City Council members, Attached is the Restated and Amended Franchise Agreement with EDCO Disposal Corporation, which is Attachment A for Regular Business Item 4: Consideration and possible action to approve an amended and restated franchise agreement for solid waste collection with EDCO Disposal Corporation. The attachment will post on Monday. Attachment B, Notice of Proposed Solid Waste Rate Adjustments and Public Hearing (1.5 pages), is forthcoming and will also be posted on Monday. Sincerely, Ramzi Awwad Public Works Director rawwad@rpvca.gov Phone -(310) 544-5275 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov DOWNLOAD 'tit.:,- ~ C,tfifON ~ ... c-Google Play This e-mail message contains information belongin9 to the City of Rancho Palos Ve1·des, which may be p1·ivileged, confidential anc1/or protected from disclosure. The information is intenclecl only for use of the incliviclual or entity named. Unauthorized dissernination, distribution, 01· copying is strictly prohibited. If you n:-ceived this email in errnr, or are not an intenclecl recipient, please notify the sender irnmecliat:ely, Thank you for your assistance and cooper·ation. Due to the current surge of the COVID-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through January 30, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time. Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. 2 Amended and Restated Agreement Between City Of Rancho Palos Verdes And EDCO Disposal Corporation For Residential Solid Waste Collection Services * * * January 18, 2022 A-1 Agreement Between City of Rancho Palos Verdes and EDCO Disposal Corporation for Residential Solid Waste Collection Services Contents 1 Definitions ....................................................................................................... 3 1 .1 AB 1826 ................................................................................................... 3 1.2 AB341 ..................................................................................................... 3 1.3 AB 939 ..................................................................................................... 3 1.4 Abandoned Items ..................................................................................... 3 1.5 Agreement.. ............................................................................................. 3 1.6 Affiliate ..................................................................................................... 3 1. 7 Applicable Law ........................................................................................ .4 1.8 Backyard Service .................................................................................... .4 1.9 Billings ..................................................................................................... .4 1.10 Bin ............................................................................................................ 4 1.11 Bin Overage Clean-up Fee ...................................................................... .4 1.12 Bin Service ............................................................................................... 5 1.13 Blue Container ......................................................................................... 5 1.14 Bulky ltems ............................................................................................... 5 1.15 Cal Recycle ............................................................................................... 5 1.16 Cannabis Waste ....................................................................................... 5 1.17 Cart .......................................................................................................... 5 1.18 Cart Collection Service ............................................................................. 6 1.19 City ........................................................................................................... 6 1.20 City Council .............................................................................................. 6 1.21 City Facilities ............................................................................................ 6 1.22 City Manager ............................................................................................ 6 1.23 Collect/Collection ..................................................................................... 6 1.24 Collector Fee ............................................................................................ 6 1.25 Collection Vehicle ..................................................................................... 6 1.26 Commercial .............................................................................................. 6 1.27 Commercial Edible Food Generator ......................................................... 7 1.28 Commercial Premises .............................................................................. 7 1.29 Community Composting ........................................................................... 7 1.30 Compactor ................................................................................................ ? 1.31 Compostable Plastics ............................................................................... ? 1.32 Contractor ................................................................................................ 8 1.33 Contractor's Proposal ............................................................................... 8 1.34 Contractor Compensation ........................................................................ 8 1.35 Construction and Demolition Debris ......................................................... 8 1.36 Container ................................................................................................. 8 1.37 Contamination Fee ................................................................................... 8 1.38 CPI ........................................................................................................... 8 1.39 CRV ......................................................................................................... 8 A-2 1 .40 Customer .................................................................................................. 8 1.41 Disposal ................................................................................................... 9 1.42 Disposal Site(s) ........................................................................................ 9 1.43 Diversion .................................................................................................. 9 1.44 Edible Food .............................................................................................. 9 1.45 Effective Date ........................................................................................... 9 1.46 Electronic Waste ...................................................................................... 9 1.47 Environmental Programs Fee ................................................................... 9 1.48 Environmental Laws ................................................................................. 9 1.49 Excluded Waste ..................................................................................... 10 1.50 Facility .................................................................................................... 1 0 1.51 Food Recovery ....................................................................................... 10 1.52 Food Recovery Organization .................................................................. 11 1.53 Food Recovery Service .......................................................................... 11 1.54 Food Scraps ........................................................................................... 11 1.55 Food-soiled Paper .................................................................................. 11 1.56 Food Waste ............................................................................................ 11 1.57 Garbage ................................................................................................. 11 1. 58 Gray Container ....................................................................................... 12 1.59 Gray Container Waste ............................................................................ 12 1.60 Green Container ..................................................................................... 12 1.61 GreenWaste .......................................................................................... 12 1.62 Organics Processing Facility .................................................................. 12 1.63 Gross Receipts ....................................................................................... 12 1.64 Hazardous Substance ............................................................................ 12 1.65 Hazardous Waste ................................................................................... 13 1.66 Household Hazardous Waste ("HHW') .................................................. 13 1.67 Household Sharps Waste ...................................................................... 13 1.68 lndemnitees ............................................................................................ 13 1.69 Landfill .................................................................................................... 14 1. 70 Large Event. ........................................................................................... 14 1.71 Large Venue ........................................................................................... 14 1. 72 Local Education Agency ......................................................................... 14 1. 73 Materials Recovery Facility ("MRF") ....................................................... 14 1.74 Maximum Rate Schedule ....................................................................... 14 1.75 Mulch ..................................................................................................... 15 1.76 Multi-Family Dwelling ............................................................................. 15 1. 77 Non-compostable Paper ........................................................................ 15 1. 78 Organic Waste ....................................................................................... 15 1. 79 Owner .................................................................................................... 15 1.80 Person .................................................................................................... 16 1.81 Premises ................................................................................................ 16 1.82 Processing ............................................................................................. 16 1.83 Prohibited Container Contaminates ....................................................... 16 1.84 Proposition 218 ...................................................................................... 16 1.85 Putrescible Waste .................................................................................. 16 ii A-3 1.86 Rate Schedule ........................................................................................ 16 1.87 Rate Year ............................................................................................... 17 1.88 Recycling ............................................................................................... 17 1 . 89 Recyclables ............................................................................................ 17 1.90 Recycling Rebate ................................................................................... 17 1.91 Refuse .................................................................................................... 17 1.92 Renewable Natural Gas ......................................................................... 17 1.93 Residential ............................................................................................. 17 1.94 Residential Premises ............................................................................. 18 1.95 Roll-off Box ............................................................................................. 18 1 . 96 Route Review ......................................................................................... 18 1.97 Rubbish .................................................................................................. 18 1.98 SB 1383 ................................................................................................. 18 1.99 SB 1383 Regulations ............................................................................. 19 1.100 Scavenging ............................................................................................ 19 1.101 ScoutVehicle(s) ..................................................................................... 19 1.102 Self-hauler ( or Self-haul) ........................................................................ 19 1.103 Service Level. ......................................................................................... 19 1.104 Seniors ................................................................................................... 19 1 . 105 Service Area 1 ........................................................................................ 19 1.106 Service Area 2 ........................................................................................ 19 1.107 Single Family Dwelling ........................................................................... 19 1.108 Solid Waste ............................................................................................ 20 1.109 Solid Waste Facility ................................................................................ 20 1.110 Solid Waste Collection Service .............................................................. 20 1.111 Source Separated .................................................................................. 20 1.112 Source Separated Blue Container Organics Waste (SSBCOW) ............ 20 1.113 Source Separated Green Container Organic Waste (SSGCOW) ........... 20 1.114 Split Bin .................................................................................................. 20 1.115 State ....................................................................................................... 20 1.116Term ....................................................................................................... 21 1.117 Tier One Commercial Edible Food Generator ........................................ 21 1.118 Tier Two Commercial Edible Food Generator ........................................ 21 1.119 Transfer .................................................................................................. 22 1.120 Transfer Station ...................................................................................... 22 1.121 Transformation ....................................................................................... 22 1.122 Transformation Facility ........................................................................... 22 1.123 Transportation or Transport .................................................................... 22 1.124 Universal Waste ..................................................................................... 22 1.125 Waste Evaluation ................................................................................... 22 1.126 Waste Generator .................................................................................... 23 1.127 Working Day ........................................................................................... 23 2 GRANT AND ACCEPTANCE OF RIGHTS ................................................... 24 2.1 Grant and Acceptance of Rights, Indemnity of Award ............................ 24 2.2 Enforcement of Exclusivity ..................................................................... 24 2.3 Effective Date; Start of Services ............................................................. 25 iii A-4 2.4 Term of Agreement ................................................................................ 25 2.5 Representations and Warranties of Contractor ...................................... 25 2.6 Conditions to Effectiveness of Agreement ............................................. 27 2. 7 Delegation of Authority ........................................................................... 28 2. 7.1 City Representatives ....................................................................... 28 2.7.2 Contractor Representative ............................................................... 28 2.8 Limitations to Scope ............................................................................... 28 2.9 City's Right to Direct Changes ............................................................... 30 2.9.1 General. ........................................................................................... 30 2.9.2 New Diversion Programs ................................................................. 31 2.10 Ownership of Solid Waste ...................................................................... 31 2.11 Permits and Licenses ............................................................................. 32 2.12 Contractor Name .................................................................................... 32 2.13 Coordination with Other Jurisdictions ..................................................... 32 2.14 Good Faith Negotiations for Exclusive Commercial Service .................. 32 3 Fees Paid to the City .................................................................................... 34 3.1 Other City Fees ...................................................................................... 34 3.1.1 Collector Fee ................................................................................... 34 3.1.2 Environmental Programs Fee .......................................................... 34 3.1.3 Recycling Rebate ............................................................................ 34 3.2 Future Fees ............................................................................................ 35 4 Direct Services .............................................................................................. 36 4.1 General .................................................................................................. 36 4.1.1 High Quality Collection Service ....................................................... 36 4.1.2 Summary of Terms .......................................................................... 36 4.1.3 Service Areas 1 and 2 ..................................................................... 36 4.2 Refuse .................................................................................................... 37 4.2.1 Cart Refuse Collection ..................................................................... 37 4.2.2 Gray Cart Overage .......................................................................... 37 4.2.3 Backyard Service ............................................................................. 38 4.2.4 Backyard Service for the Disabled ................................................... 38 4.2.5 Flag Lot Service ............................................................................... 38 4.2.6 Bin Refuse Collection ...................................................................... 38 4.2.7 Overflowing Containers ................................................................... 39 4.2.8 Scout Vehicles ................................................................................ .40 4.2.9 Bin Push-out Service ...................................................................... .40 4.2.10 Pup Route Service .......................................................................... .40 4.2.11 Locking Bins ................................................................................... .40 4.2.12 Return Trip Fee .............................................................................. .40 4.2.13 On-Call Bulky Item Pickup .............................................................. .41 4.2.14 Bulky Item Diversion ....................................................................... .41 4.2.15 Household Hazardous Waste Events ............................................. .42 4. 2.16 Used Oil and Used Oil Filter Collection ........................................... .42 4.2.17 Disposal of Electronic Waste and Other Special Wastes ................ .42 4.2.18 Household Battery and Florescent Light Bulb Drop-Off .................. .42 iv A-5 4.2.19 Household Sharps Waste Disposal Program .................................. .43 4.2.20 Optional Household Hazardous Waste Programs .......................... .43 4.3 Recycling .............................................................................................. .44 4.3.1 Recyclables Collection for Cart Refuse Customers ........................ .44 4.3.2 Recyclables Collection from Bin Refuse Customers ........................ 45 4.3.3 Additional Recyclables Programs ................................................... .45 4.3.4 Warning Notice ............................................................................... .45 4.3.5 Marketing and Sale of Recyclables ................................................ .46 4.3.6 Minimum Recycling Requirements ................................................. .46 4.3.7 Collection and Delivery of Recyclables ........................................... .46 4.4 Organics Collection Program ................................................................ .46 4.4.1 Organics Collection for Single-Family Customers .......................... .46 4.4.2 Kitchen Caddies ............................................................................. .47 4.4.3 Organics Collection for Multi-family Customers .............................. .47 4.4.4 Holiday Tree Collection Program .................................................... .48 4.4.5 Brush Clearing Events .................................................................... .48 4.4.6 Brush Clearing Events -HOAs ....................................................... .48 4.4. 7 End Uses for Organics and Green Waste ....................................... .48 4.5 City Services ......................................................................................... .49 4.5.1 City Facilities Collection ................................................................... 49 4.5.2 E-Waste at City Facilities ................................................................. 49 4.5.3 City-Sponsored Events ................................................................... .49 4.5.4 Clean-Up Event Collection ............................................................... 50 4.5.5 Emergency Collection and Disposal Service ................................... 50 4.5.6 Abandoned Item Collection .............................................................. 50 4.5. 7 Street Sweeping Contract Management .......................................... 51 4.6 Operations .............................................................................................. 52 4.6.1 Schedules ........................................................................................ 52 4.6.2 Missed Pickups ................................................................................ 52 4.6.3 Vehicles ........................................................................................... 53 4.6.4 Containers ....................................................................................... 56 4.6.5 Litter Abatement .............................................................................. 58 4.6.6 Personnel ........................................................................................ 59 4.6.7 Identification Required ..................................................................... 60 4.6.8 Fees and Gratuities ......................................................................... 60 4.6.9 Non-Discrimination .......................................................................... 60 4.6.10 Report of Accumulation of Solid Waste; Unauthorized Dumping ..... 61 4. 7 Contamination Monitoring and Minimization .......................................... 61 4.7.1 Route Reviews ................................................................................ 61 4. 7.2 Waste Evaluations ........................................................................... 61 4.7.3 On-board Cameras .......................................................................... 62 4.8 Transportation of Solid Waste and Recyclables ..................................... 62 4.9 Designated Facilities .............................................................................. 63 4.9.1 Disposal Site .................................................................................... 63 4.9.2 Designated Recycling Facility .......................................................... 63 4.9.3 Designated Organics Processing Facility ........................................ 63 V A-6 4.9.4 Facility Replacement Due to Non-Compliance ................................ 63 4.10 Status of Disposal Site ........................................................................... 64 4.11 Dedicated Routes ................................................................................... 64 4.12 Border Street Routing ............................................................................ 64 4.13 Route Audit ............................................................................................ 64 4.14 Routing Plan Approval ........................................................................... 66 4.15 Service Exceptions; Hazardous Waste Notifications .............................. 66 4.16 Manual Backyard Refuse Collection ...................................................... 67 4.17 Portuguese Bend Beach Club Litter Containers ..................................... 67 4.18 Recyclables Collection for Manual Collection Customers ...................... 67 4.19 Organics Collection for Manual Collection Customers ........................... 67 5 Other Services .............................................................................................. 68 5.1 Customer Billing and Contractor Compensation ........................................ 68 5.1.1 Cart Billing ....................................................................................... 68 5.1.2 Bin Billing ......................................................................................... 68 5.1.3 Compensation Entirely Through Approved Rates ............................ 69 5.1.4 Discounts ......................................................................................... 69 5.1.5 Contractor's Invoices ....................................................................... 70 5.1.6 Customer Credits ............................................................................. 70 5.1. 7 Customer Billing Adjustments .......................................................... 70 5.1.8 Exemption From Service ................................................................. 70 5.1.9 Late Payments ................................................................................. 71 5.1.10 Electronic Billing and Payment.. ...................................................... 71 5.2 Customer Service ................................................................................... 71 5.2.1 Local Office ...................................................................................... 71 5.2.2 Complaint Documentation ............................................................... 72 5.2.3 Resolution of Customer Complaints ................................................ 72 5.2.4 Service Liaison ................................................................................ 72 5.3 Public Education and Outreach -Initial and Ongoing ............................ 73 5.3.1 General ............................................................................................ 73 5.3.2 Education and Outreach -Initial Rollout of Organics Collection ...... 73 5.3.3 Education and Outreach -On-going ................................................ 74 5.3.4 Contractor Representative ............................................................... 75 5.3.5 Community Events .......................................................................... 76 5.4 Technical Assistance Program ............................................................... 76 5.4.1 Site Visits and Waste Assessments ................................................ 76 5.5 Customer Waiver Program Coordination ............................................... 77 5.5.1 Contractor Waiver Request on Behalf of Customer ......................... 77 5.5.2 Waiver Reverification ....................................................................... 77 5.5.3 Contractor Recordkeeping of Customer Granted Waivers ............... 78 5.6 Inspection and Enforcement. .................................................................. 78 5.6.1 General. ........................................................................................... 78 5.6.2 Commercial Customer Compliance Reviews ................................... 78 5.6.3 Number of Reviews ......................................................................... 78 5.6.4 Non-Compliant Entities .................................................................... 79 5.6.5 Documentation of Inspection Actions .............................................. 79 vi A-7 5. 7 Procurement of Products with Recycled and Organics Contents ........... 79 5. 7 .1 Recycled-Content Paper .................................................................. 79 5.7.2 Provision of Mulch ........................................................................... 80 5.7.3 Renewable Natural Gas ................................................................... 80 5.7.4 Recordkeeping Requirements ......................................................... 80 5.8 Waste Generation/Characterization Studies .......................................... 80 6 Contractor Compensation and Rates ............................................................ 82 6.1 General .................................................................................................. 82 6.2 Schedule of Future Adjustments; Automatic Adjustments; Prop 218 ..... 82 6.3 Method of Inflationary Adjustments ........................................................ 83 6.4 Maximum Allowable Rate Year Adjustment ........................................... 83 6.5 Extraordinary Adjustments ..................................................................... 83 6.6 Brush Clearing Tonnage Threshold Adjustment. .................................... 84 6. 7 Supporting Information ........................................................................... 85 6.8 Potential Future Organics Facility on Palos Verdes Peninsula .............. 85 7 Review Of Services and Performance .......................................................... 86 7.1 Performance Review Meeting ................................................................ 86 8 Records, Reports and Information Requirements ......................................... 88 8.1 General .................................................................................................. 88 8.2 Records .................................................................................................. 88 8.2.1 General ............................................................................................ 88 8.2.2 Financial Records ............................................................................ 89 8.2.3 Solid Waste and Recyclables Records ............................................ 89 8.2.4 CERCLA Defense Records ............................................................. 90 8.2.5 Other Programs' Records ................................................................ 90 8.2.6 Audit ................................................................................................ 90 8.2.7 Payments and Refunds ................................................................... 91 8.3 Reports .................................................................................................. 91 8.3.1 Report Formats and Schedule ......................................................... 91 8.3.2 Monthly Reports .............................................................................. 92 8.3.3 Quarterly Reports ............................................................................ 92 8.3.4 Annual Report .................................................................................. 93 8.3.5 Financial Report .............................................................................. 94 8.4 Database for SB 1383 Reporting and Implementation Record .............. 94 8.5 Reporting Adverse lnformation ............................................................... 95 8.6 Right to Inspect Records ........................................................................ 95 8.7 Failure to Report .................................................................................... 95 9 Indemnification, Insurance, Bond and Letter of Credit .................................. 96 9.1 Indemnification ....................................................................................... 96 9.2 Hazardous Substances Indemnification ................................................. 97 9.3 Indemnification -Failure to Meet Diversion Requirements ..................... 98 9.4 Insurance ............................................................................................... 99 9.5 Faithful Performance Bond .................................................................. 104 vii A-8 9.6 Faithful Performance Letter of Credit ................................................... 104 9. 7 Forfeiture of Performance Bond ........................................................... 105 9.8 Forfeiture of Letter Of Credit ................................................................ 105 9.9 Performance Security Beyond Service Term ....................................... 105 10 City's Right to Perform Service ................................................................... 106 10.1 General ................................................................................................ 106 10.2 Billing and Compensation to City During City's Possession ................. 107 10.3 City's Right to Relinquish Possession .................................................. 107 10.4 City's Possession Not a Taking ............................................................ 107 10.5 Duration of City's Possession ............................................................... 107 11 Default, Remedies and Liquidated Damages ............................................. 108 11.1 Events of Default .................................................................................. 108 11.2 Right to Terminate Upon Default and Right to Specific Performance ... 11 O 11.3 Liquidated Damages ............................................................................ 11 O 11 .4 Excuse from Performance .................................................................... 114 11.5 Notice, Hearing and Appeal of City Breach .......................................... 115 11.6 Assurance of Performance ................................................................... 115 12 Other Agreements of the Parties ................................................................ 116 12.1 Relationship of Parties ......................................................................... 116 12.2 Compliance with Law ........................................................................... 116 12.3 Governing Law ..................................................................................... 116 12.4 Jurisdiction ........................................................................................... 116 12.5 Assignment .......................................................................................... 116 12.6 Contracting or Subcontracting .............................................................. 119 12. 7 Binding on Assigns ............................................................................... 119 12.8 Cooperation in Preparation for Termination or Expiration of Contract .. 119 12.9 Parties in lnterest ................................................................................. 120 12.10 Waiver .................................................................................................. 120 12.11 Contractor's Investigation ..................................................................... 120 12.12 Condemnation ...................................................................................... 120 12.13 Notice ................................................................................................... 120 12 .14 City Free to Negotiate with Third Parties .............................................. 121 12.15 Privacy ................................................................................................. 121 12.16 Public Records; Exempt lnformation .................................................... 121 13 Miscellaneous Provisions ........................................................................... 122 13.1 Entire Agreement ................................................................................. 122 13.2 Section Headings ................................................................................. 122 13.3 References to Laws and Other Agreements ........................................ 122 13.4 Interpretation ........................................................................................ 122 13.5 Agreement. ........................................................................................... 122 13.6 Severability ........................................................................................... 122 13.7 Exhibits ................................................................................................ 122 13.8 Attorneys' Fees .................................................................................... 123 viii A-9 Exhibits Exhibit 1 -Service Area #2 ............................................................................... 124 Exhibit 2 -Organics Program Implementation Plan .......................................... 125 Exhibit 3 -Initial Maximum Rates Effective April 1, 2022 .................................. 128 Exhibit 4 -Faithful Performance Bond .............................................................. 130 ix A-10 AGREEMENT This Agreement for Integrated Solid Waste Management Services (hereinafter the "Agreement") is entered into this 18th day of January 2022, by and between the City of Rancho Palos Verdes, California, ("City") and EDCO Disposal Corporation ("Contractor"), for the collection, transportation, recycling, processing, and disposal of solid waste and other services related to meeting the goals and requirements of the AB 939, AB 341, AB 1826, and SB 1383. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (the "Act") (California Public Resources Code Section 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and, WHEREAS, the City is obligated to protect the public health and safety of the residents and businesses of the City of Rancho Palos Verdes, and Collection of solid waste should be undertaken in a manner consistent with the exercise of the City's obligations for the protection of public health and safety; and, WHEREAS, the City's primary goals in entering into this Agreement are to ensure that 1) Collection Services are of the highest caliber, 2) Customer satisfaction remains at the highest level, 3) the environment is protected, 4) maximum diversion levels are achieved, 5) Rancho Palos Verdes does its part to reduce greenhouse gas (GHG) emissions generated from waste Collection and disposal as part of Rancho Palos Verdes's implementation of federal, state, and local efforts to address climate change, and, 6) that materials collected are put to the highest and best use. WHEREAS, City declares its intention of maintaining reasonable rates and quality service related to the collection, transfer and transportation, recycling, processing, and disposal of solid waste and other services; and, WHEREAS, City and Contractor are mindful of new laws adopted by the State of California intended to divert recyclables and organic materials from being landfilled. AB 341 mandates that commercial waste generators arrange for recycling services. AB 1826 mandates that commercial waste generators recycle their organic waste. AB 1594 will end the practice of excluding organic material used as Alternative Daily Cover (ADC) from the calculation of a jurisdiction's total per capita amount of waste disposed. SB 1383 allows the Department of Resources Recycling and Recovery (CalRecycle) to implement new regulations on local jurisdictions if significant progress has not been made in certain waste reduction goals, and; 1 of 123 A-11 WHEREAS, City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling, processing and disposal of solid waste, including AB 939, AB 341, AB 1826, and SB 1383, the Resource Conservation and Recovery Act ("RCRA") (42 U.S.C. § 6901 et seq., and the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") (42 U.S.C. §9601 et seq.). City and Contractor desire to leave no doubts as to their respective roles and to memorialize that by entering into this Agreement, City is not thereby becoming an "arranger" or a "generator" as those terms are used in CERCLA, and that it is Contractor, not City, who is "arranging for" the collection from premises in the City, transport for disposal, composting or other processing, and recycling of municipal solid waste which may contain hazardous substances; and further to confirm that as a material inducement to City entering into this Agreement, Contractor has agreed to fully indemnify City in connection with any claims, losses, liabilities, lawsuits or actions relating to the inadvertent or intentional collection, transportation and/or disposal of hazardous materials that may occur in connection with Contractor's performance under this Agreement, and, WHEREAS, City and Contractor are party to an Agreement for Residential Solid Waste Management Services for Service Area 1 dated November 24, 2009; and, WHEREAS, on June 30, 2015, City and Contractor amended their 2009 Agreement to include Service Area 2 in the Contractor's scope of service and to make other changes to the Agreement including adding brush clearing, changing the rate adjustment method, and including the management of the City's street sweeping contractor; and, WHEREAS, this Agreement is intended to restate and supersede all prior agreements between City and Contractor; and, NOW, THEREFORE, in consideration of the premises above stated and the terms, conditions, covenants and agreements contained in this Agreement, the Parties do hereby agree as follows: 2 of 123 A-12 1 Definitions The terms used in this Agreement shall have the meaning set forth in this Article 1. In the event a term is not defined in this Article 1, then it shall have the meaning set forth in the Rancho Palos Verdes Municipal Code or in Division 30, Part 1, Chapter 2 of the California Public Resources Code (with precedence given to definitions in the Rancho Palos Verdes Municipal Code over conflicting definitions contained in the Public Resources Code). Except as provided in Article 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 meanings: 1.1 AB 1826 "AB 1826" means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time. 1.2 AB 341 "AB 341" means the California Jobs and Recycling Act of 2011 (Chapter 476, Statues of 2011 [Chesbro, AB 341]), also commonly referred to as "AB 341 ", as amended, supplemented, superseded, and replaced from time to time. 1.3 AB 939 "AB 939" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code section 40000 et. seq., as it may be amended from time to time and as implemented by the regulations of the California Department of Resources Recycling and Recovery (CalRecycle), or its successor agency. 1.4 Abandoned Items "Abandoned Items" means items abandoned in the public right-of-way, and on public premises including but not limited to Bulky Waste items and Yard Waste. 1.5 Agreement "Agreement" means this Amended and Restated Agreement for Residential Collection Services including all exhibits and any amendments. 1.6 Affiliate "Affiliate" means all businesses (including corporations, limited and general partnerships and sole proprietorships) that are directly or indirectly related to Contractor by virtue of direct or indirect ownership interest or common management. An Affiliate shall include a business in which Contractor owns a direct or indirect ownership interest, a business 3 of 123 A-13 which has a direct or indirect ownership interest in Contractor and/or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in Contractor. For purposes of determining whether an indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986 (26 U.S.C. § 318(a)), as in effect on the date of this Agreement, shall apply; provided, however, that (i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C); and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be disregarded and percentage interests shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents, whichever is greater. 1.7 Applicable Law "Applicable Law" means all laws, regulations, rules, orders, directives, judgments, decrees, permits, approvals, or other requirement of the United States, the State of California, the County of Los Angeles, the City of Rancho Palos Verdes (including, but not limited to, Chapter 8.20 of the Rancho Palos Verdes Municipal Code), and any federal, state, regional or local administrative and regulatory agencies, that are applicable to any aspect of this Agreement or the provision of Solid Waste Collection Services, that are in force on the Effective Date and as they may be enacted, issued or amended during the Term. 1.8 Backyard Service "Backyard Service" is defined in Section 4.2.3 Backyard Service. 1.9 Billings "Billings" or "Billing" or "Bill" means the statement(s) of charges provided to Customers for services rendered by Contractor. 1.10 Bin "Bin" means a front-loading Container with hinged lids and wheels with a capacity from two (2) to eight (8) cubic yards. 1.11 Bin Overage Clean-up Fee "Bin Overage Clean-up Fee" means a fee charged to a Customer who allows his or her Container(s) to overflow within a three-month period of receiving a written notice from Collector that Customer had an overflowing Container incident. 4 of 123 A-14 1.12 Bin Service "Bin Service" means Solid Waste Collection Services in which a Bin is used for the Collection of Solid Waste and Recyclables. 1.13 Blue Container "Blue Container" or "Blue Cart" means a container used for storage and Collection of Source Separated Recyclables Materials or Source Separated Blue Container Organic Waste. A Blue Container means a container where either: 1) the lid of the container is blue in color, or, 2) the body of the container is blue in color and the lid is either blue, gray, or black in color. 1.14 Bulky Items "Bulky Items" means Solid Waste that cannot and/or would not typically be accommodated within a Cart including specifically: furniture (including chairs, sofas, mattresses, and rugs); appliances (including refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances and other similar items, commonly known as "white goods"); yard debris, Green Waste and small pieces of wood limited to the equivalent of two 96-gallon Carts of contained material per collection; Electronic Waste; and clothing. Bulky Items do not include car bodies, tires, Construction and Demolition Debris or items requiring more than two persons to remove. Other items not specifically included or excluded above will be Collected provided that they are not more than eight feet in length, four feet in width, or more than 150 pounds. In the event a question ever arises as to whether a specific item or category of items meets the definition of Bulky Items, the City Manager shall determine whether that definition shall apply, which determination shall be final and binding on the Parties. 1.15 CalRecycle "CalRecycle" means the California Department of Resources Recycling and Recovery, or its successor agency. 1.16 Cannabis Waste "Cannabis waste" means waste that is not hazardous waste which contains cannabis and that has been made unusable and unrecognizable in the manner required by State cannabis laws. Cannabis waste is a subset of green waste and organic waste. 1.17 Cart "Cart" means a plastic Container with a hinged lid and wheels serviced by an automated or semi-automated truck with a capacity of no less than 32-and no greater than 101- gallons. 5 of 123 A-15 1.18 Cart Collection Service "Cart Collection Service" means collection service using Carts. This includes service provided to Single-Family Premises (excluding those single-family customers that elect to use Bin collection service), Customers on Commercial Premises that generate small quantities of waste and elect to use cart collection service, and Customers on Multi-Family Premises with individual storage capacity to store Carts with access to curbside service from side-loading collection vehicles. 1.19 City "City" means City of Rancho Palos Verdes, California, a municipal corporation, and all the territory lying within the municipal boundaries of City as presently existing or as such boundaries may be modified during the Term. 1.20 City Council "City Council" means the City Council of the City of Rancho Palos Verdes, California. 1.21 City Facilities "City Facilities" means all Premises owned or operated by City, now and in the future, including but not limited to, City Hall, City offices, parks, City yard (Silo Yard), and beaches. 1.22 City Manager "City Manager" means the City Manager of the City of Rancho Palos Verdes or the City Manager's designee. 1.23 Collect/Collection "Collect" or "Collection' means to take physical possession, transport, and remove Solid Waste or Recyclables within and from City. 1.24 Collector Fee "Collector Fee" is defined in Section 3.1.1 Collector Fee. 1.25 Collection Vehicle "Collection Vehicle" is defined in Section 4.6.3 Vehicles. 1.26 Commercial "Commercial" refers to services performed at or for Commercial Premises. 6 of 123 A-16 1.27 Commercial Edible Food Generator "Commercial Edible Food Generators" includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators. 1.28 Commercial Premises "Commercial Premises" means Premises upon which business activity is conducted, including but not limited to retail sales, services, wholesale operations, manufacturing and industrial operations, but excluding Residential Premises upon which business activities are conducted when such activities are permitted under applicable zoning regulations and are not the primary use of the property; and City Facilities. Notwithstanding any provision to the contrary in this Agreement, in the Rancho Palos Verdes Municipal Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses (as defined in the Rancho Palos Verdes Municipal Code) are occurring shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Adult Residential Facilities, time- shares, resorts, spas, Group Care Facilities, Hotels, and Motels and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as Commercial Premises. In the event a question ever arises as to whether a specific Premises meets the definition of Commercial Premises, the City Manager shall determine whether that definition will apply, which determination shall be final and binding on the Parties. 1.29 Community Composting "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on-site at any one time does not exceed 100 cubic yards and 750 square feet. 1.30 Compactor "Compactor" means any Bin or Roll-off Box that has a compaction mechanism, whether stationary or mobile. 1.31 Compostable Plastics "Compostable Plastics" means plastic material that meets the American Society for Testing and Materials (ASTM) D6400 standard for compostability (sections 5.1 through 6.4.2 published May 2019). 7 of 123 A-17 1.32 Contractor "Contractor" means EDCO Disposal Corporation, a corporation organized and operating under the laws of the State of California and its officers, directors, employees, agents, companies and subcontractors. 1.33 Contractor's Proposal "Contractor's Proposal" means the proposal submitted by Contractor to City on July 26, 2021 submitted to the City to address the impacts of SB 1383. This Agreement supersedes Contractor's Proposal and is the final written expression of the Parties' agreement. 1.34 Contractor Compensation "Contractor Compensation" means the revenue received by the Contractor from Customers in return for providing services in accordance with this Agreement 1.35 Construction and Demolition Debris "Construction and Demolition Debris" means Solid Waste generated at a Premises that is directly related to construction or demolition activities occurring thereon. 1.36 Container "Container" means any and all types of Solid Waste or Recyclables receptacles, including cans/barrels, Carts, Bins and Roll-off Boxes. 1.37 Contamination Fee "Contamination Fee" shall mean an amount charged by Contractor to Customers to offset Contractor's additional costs or diminished revenue due to contamination of Refuse, Recyclables, Organics, or Green Waste placed in Containers. 1.38 CPI "CPI" means the Consumer Price Index for All Urban Consumers (CPI-U), U. S. city average, (seasonally adjusted) for the Garbage and Trash Collection detailed expenditure category (Mnemonic: XCPIUEHG02.IUSA or BLS Series CUUR0000SEHG02). 1.39 CRV "CRV" is defined in Section 3.1.3 Recycling Rebate. 1.40 Customer "Customer" means a Person receiving Solid Waste Collection Services from Contractor pursuant to the terms of this Agreement. 8 of 123 A-18 1.41 Disposal "Disposal" means the ultimate disposition of Solid Waste Collected by Contractor at a landfill or otherwise as permitted by Applicable Law. 1.42 Disposal Site(s) "Disposal Site(s)" means the Solid Waste handling Facility or Facilities utilized for the ultimate Disposal of Solid Waste Collected by Contractor. 1.43 Diversion "Diversion" means any combination of waste prevention (source reduction), Recycling, reuse and composting activities that reduces waste disposed at landfills, provided such activities are recognized by Cal Recycle as Diversion.' 1.44 Edible Food "Edible Food" means food intended and suitable for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement. 1.45 Effective Date "Effective Date" means the date on which the Agreement becomes binding upon the parties, which is the date when all the conditions set forth below in Section 2.6 have been met, and both parties have properly executed the Agreement."" 1.46 Electronic Waste "Electronic Waste" or "E-Waste" means discarded electronic equipment and includes, but is not limited to, stereos, televisions, CRTs, computers and computer monitors, VCRs, cellular phones, fax machines, household copiers, computer printers, video game consoles, other items with electric plugs that are banned from landfilling, and other similar items commonly known as 'brown goods.' 1.47 Environmental Programs Fee "Environmental Programs Fee" is defined in Section 3.1.2 Environmental Programs Fee. 1.48 Environmental Laws "Environmental Laws" means all federal and state statutes, county, local and City ordinances concerning public health, safety and the environment including, by way of 9 of 123 A-19 example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. § 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; the Federal Clean Water Act, 33 U.S.C. § 1251 et seq.; the Toxic Substances Control Act, 15 U.S.C. § -2601 et seq.; the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; the California Hazardous Waste Control Act, California Health and Safety Code§ 25100 et seq.; the California Carpenter-Presley- Tanner Hazardous Substance Account Act, California Health and Safety Code § 25300 et seq.; the Porter-Cologne Water Quality Control Act, California Water Code§ 13000 et ~ the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code§ 25249.5 et seq.; as currently in force or as hereafter amended, and all rules and regulations promulgated thereunder. 1.49 Excluded Waste "Excluded Waste" means Hazardous Substance, Hazardous Waste, Infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that approved/designated facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class Ill Landfills or accepted at the facility by permit conditions, waste that in Contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or Jurisdiction to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in single-family or multi-family solid waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. Excluded waste does not include used motor oil and filters, household batteries, universal wastes, and/or latex paint when such materials are defined as allowable materials for collection through this Agreement and the Waste Generator or Customer has properly placed the materials for Collection pursuant to instructions provided by the City or Contractor as set forth in this Agreement. 1.50 Facility "Facility" means any plant or site, owned or leased and maintained, operated or used by Contractor for purposes of performing under this Agreement. 1.51 Food Recovery "Food Recovery" means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982( a)(24 ). 10 of 123 A-20 1.52 Food Recovery Organization 'Food Recovery Organization' means an entity that primarily engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to: A A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 of the Health and Safety code; and, C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. D. If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement. 1.53 Food Recovery Service "Food Recovery Service" means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery. 1.54 Food Scraps "Food Scraps" means discarded food that will decompose and/or putrefy and is segregated for Collection and Recycling. Food scraps includes, but is not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps excludes fats, oils, and grease when such materials are Source Separated from other Food Scraps. 1.55 Food-soiled Paper "Food-Soiled Paper" means compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, and pizza boxes. 1.56 Food Waste "Food Waste" means Food Scraps, Food-Soiled Paper, and Compostable Plastics. 1.57 Garbage "Garbage" means all putrescible waste that generally includes, but is not limited to, animal, vegetative, food or any other waste that is attendant with, or results from the storage, preparation, cooking or handling of food materials attributed to normal activities of a service unit. 11 of 123 A-21 1.58 Gray Container "Gray Container" or "Gray Cart" means a Container used to store and collect Refuse, mixed waste, and Gray Container waste. A means a container where either: 1) the lid of the container is gray or black in color, or, 2) the body of the container is gray or black in color and the lid is gray or black in color. 1.59 Gray Container Waste "Gray Container Waste" means Refuse or mixed waste that is Collected in a Gray Container that is part of a Collection service that prohibits the placement of Recyclables or Organic Waste in the Gray Container. 1.60 Green Container "Green Container" or "Green Cart" means a Container used to store and collect Source Separated Green Container Organic Waste. A green container means a container where either: 1) the lid of the container is green in color, or, 2) the body of the container is green in color and the lid is either green, gray, or black in color. 1.61 Green Waste "Green Waste" means leaves, grass clippings, brush, branches, and other forms of organic materials generated from landscapes or gardens, separated from other Solid Waste. 1.62 Organics Processing Facility "Organics Processing Facility" means a permitted Facility where Organics is sorted, mulched or separated for the purposes of Recycling, reuse or composting. 1.63 Gross Receipts "Gross Receipts" means any and all revenue received from Billings, and compensation in any form, of Contractor or subsidiaries, parent companies or other Affiliates of Contractor, for the Collection and transportation of Solid Waste and Recyclables pursuant to this Agreement, in accordance with generally accepted accounting principles, including, but not limited to, Customer fees for Collection of Solid Waste and Recyclables, without subtracting Disposal fees, City fees or other fees or any other cost of doing business. 1.64 Hazardous Substance "Hazardous Substance" shall mean any of the following: (a) any substances defined, regulated or listed (directly or by reference) as "hazardous substances", "hazardous materials", "hazardous waste", "toxic waste", "pollutants" or "toxic substances" or similarly identified as hazardous to human health or the environment, in or pursuant to (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 12 of 123 A-22 U.S.C. § 9601 et seq. (CERCLA); (ii) the Hazardous Materials Transportation Act, 49 U.S.C. § 5101, et seq.; (iii) the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq.; (iv) the Clean Water Act, 33 U.S.C. § 1251 et seq.; (v) California Health and Safety Code§§ 25110.02, 25115, 25117, 25249.8, 25281, 25316, 25501 and 25501.1; (vi) the Clean Air Act, 42 U.S.C. § 7401 et seq.; and (vii) California Water Code§ 13050; (b) any amendments, rules or regulations promulgated thereunder to such enumerated statutes or acts currently existing or hereafter enacted; and (c) any other hazardous or toxic substance, material, chemical, waste or pollutant identified as hazardous or toxic or regulated under any other applicable federal, state or local Environmental Laws currently existing or hereinafter enacted, including, without limitation, friable asbestos, polychlorinated biphenyl's ("PCBs"}, petroleum, natural gas and synthetic fuel products, and by-products. 1.65 Hazardous Waste "Hazardous Waste" means and includes wastes defined as hazardous by Public Resources Code Section 40141 as it now exists or subsequently may be amended, as well as all substances defined as Hazardous Waste, acutely Hazardous Waste, or extremely Hazardous Waste by the State of California in Health and Safety Code §§ 25110.02, § 25115, and§ 25117 or in the future amendments to or recodifications of such statutes or identified and listed as Hazardous Waste by the US Environmental Protection Agency (EPA), pursuant to the Federal Resource Conservation and Recovery Act (42 U.S.C. § 6901 m_seq.}, all future amendments thereto, and all rules and regulations promulgated thereunder. 1.66 Household Hazardous Waste ("HHW") "Household Hazardous Waste" means Hazardous Waste generated at Residential Premises. 1.67 Household Sharps Waste "Household Sharps Waste" shall mean home-generated sharps, as defined in Section 117671 of the California Health & Safety Code, including hypodermic needles, pen needles, intravenous needles, lancets, and other devices that are used to penetrate the skin for the delivery of medications, which are generated by a single-family or multi-family residence. 'Household Sharps Waste' does not include any waste generated in the course of operating a business concern at a residence, business generated waste, or medical waste not described in this Agreement. 1.68 lndemnitees "lndemnitees" means the City, its public officials, officers, employees, consultants, agents, volunteers, and independent contractors serving in the role of the City officials. 13 of 123 A-23 1.69 Landfill "Landfill" means a "solid waste landfill," as defined by Public Resources Code Section 40195.1. 1. 70 Large Event "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. 1. 71 Large Venue "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. 1.72 Local Education Agency "Local education agency" means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to solid waste. 1.73 Materials Recovery Facility ("MRF") "Materials Recovery Facility" means a fully permitted Facility where Solid Wastes or Recyclables are sorted or separated for the purposes of Recycling, processing or composting. 1.74 Maximum Rate Schedule "Maximum Rate Schedule" means that schedule of Customer rates at Exhibit 3. 14 of 123 A-24 1.75 Mulch "Mulch" means a layer of material applied on top of soil, and, for the purposes of the Agreement, Mulch shall conform with the following conditions, or conditions as otherwise specified in 14 CCR Section 18993.1 (f)(4): i. Meets or exceeds the physical contamination, maximum metal concentration, and pathogen density standards for land application specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). ii. Was produced at one or more of the following types of Facilities: a) A compostable material handling operation or facility as defined in 14 CCR Section 17852(a)(12), that is permitted or authorized under 14 CCR, Division 7, other than a chipping and grinding operation or facility as defined in 14 CCR Section 17852(a)(1 O); b) A Transfer/Processing Facility or Transfer/Processing operation as defined in 14 CCR Section 17402(a)(30) and (31 ), respectively, that is permitted or authorized under 14 CCR, Division 7; or, c) A Solid Waste Landfill as defined in PRC Section 40195.1 that is permitted under 27 CCR, Division 2. 1.76 Multi-Family Dwelling "Multi-Family Dwelling" means any building or lot containing three or more dwelling units. Multi-Family Dwelling units generally receive Solid Waste and Recyclables Collection through the use of shared Bins, or Carts. 1.77 Non-compostable Paper "Non-Compostable Paper" includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process. 1. 78 Organic Waste "Organic Waste" or "Organics" means Green Waste, Food Waste, manure, and any other organic waste material which is acceptable to be delivered to an organics processing facility such as an anaerobic digester, or composting facility. Organic Waste includes Source Separated Green Container Organic Waste. 1.79 Owner "Owner" means the Person holding the legal title to the real property constituting the Premises to which solid waste collection service is to be provided under this Agreement or the Person holding legal title to the Disposal Site, depending upon the context used in this Agreement. 15 of 123 A-25 1.80 Person "Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of Los Angeles, cities, and special purpose districts. 1.81 Premises "Premises" means any land, or building in the City where Solid Waste and Recyclables are generated or accumulated. 1.82 Processing "Processing" means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment. 1.83 Prohibited Container Contaminates "Prohibited Container Contaminants" means the following: (i) Discarded Materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclables for the City's Blue Container; (ii) Discarded Materials placed in the Green Container that are not identified as acceptable Source Separated Organic Waste for the City's Green Container; (iii) Discarded Materials placed in the Gray Container that are acceptable Source Separated Recyclables and Organic Materials to be placed in City's Green Container and/or Blue Container ; and (iv) Excluded Waste placed in any Container. 1.84 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. 1.85 Putrescible Waste "Putrescible Waste" means wastes that are capable of being decomposed by micro- organ isms with sufficient rapidity as to cause nuisances because of odors, gases, or other offensive conditions. 1.86 Rate Schedule "Rate Schedule" means the approved schedule of maximum permissible monthly rates currently in effect on the date Solid Waste Collection Service is provided. 16 of 123 A-26 1.87 Rate Year "Rate Year" means the period July 1 to June 30, for each year during the Term. 1.88 Recycling "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include Transformation. 1.89 Recyclables "Recyclables" or "Recyclable Materials" means those materials which are capable of being recycled and which would otherwise be processed or disposed of as Garbage. Recyclables include those materials defined by the City, including newsprint (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; small scrap and cast aluminum (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); steel including 'tin' cans, aerosol cans (empty, non-toxic products) and small scrap (not exceeding forty (40) pounds in weight nor two (2) feet in any dimension for any single item); bimetal containers; #1-7 plastics regardless of form or mold (including but not limited to plastic containers, bottles, wide mouth tubs, plastic bags, film plastic, and polystyrene), aseptic containers, aluminum foil and pans; and those materials added by Contractor from time to time. Recyclables includes Source Separated Blue Container Organic Waste. 1.90 Recycling Rebate "Recycling Rebate" is defined in Section 3.1.3 Recycling Rebate. 1.91 Refuse "Refuse" means all Solid Waste except Construction and Demolition Debris and Bulky Items. 1.92 Renewable Natural Gas "Renewable Natural Gas" or "RNG" means gas derived from Organic Waste that has been diverted from a Landfill and Processed at an in-vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recover Organic Waste. 1.93 Residential "Residential" refers to services performed at and for Residential Premises. 17 of 123 A-27 1.94 Residential Premises "Residential Premises" means Premises upon which dwelling units exist, including, without limitation, Single Family and Multi-Family Dwellings, apartments, boarding or rooming houses, condominiums, mobile homes, efficiency apartments, and second units. Notwithstanding any provision to the contrary in this Agreement, in the Rancho Palos Verdes Municipal Code, or otherwise, for purposes of this Agreement, Premises upon which the following uses are occurring shall not be deemed to be Residential Premises, and rather shall be deemed to be Commercial Premises: Assisted Living Facilities, Convalescent Homes, Dormitories, Extended Stay Motels, Group Residential Facilities, Adult Residential Facilities, Group Care Facilities, Hotels, Motels, time-shares, resorts, spas and any other businesses not specifically listed at which residency is transient in nature and hence should be classified as Commercial Premises. In the event a question ever arises as to whether a specific Premises meets the definition of Residential Premises, the City Manager shall determine whether that definition will apply, which determination shall be final and binding on the Parties. 1.95 Roll-off Box "Roll-off Box" means Solid Waste and Recyclables Collection Containers of 10-yards or larger. 1.96 Route Review "Route Review" means a procedure in which individual containers set out for collection along the Contractor's routes are visually or electronically inspected on a representative sample basis to determine the degree to which they are contaminated. 1.97 Rubbish "Rubbish" means, without limitation, the following items: waste and refuse capable of burning readily, including straw, packing materials, leather, rubber, clothing, bedding, books, rags and all similar articles which will burn by contact with flames or ordinary temperatures; and ashes, crockery, china, pottery, metal wire and other similar materials. 1.98 SB 1383 "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. 18 of 123 A-28 1.99 SB 1383 Regulations "SB 1383 Regulations" or "SB 1383 Regulatory" refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR. 1.100 Scavenging "Scavenging" means the unauthorized removal of Recyclables that have been set out for Collection. 1.101 Scout Vehicle(s) "Scout Vehicle(s)" are defined in Section 4.2.8 Scout Vehicles. 1.102 Self-hauler (or Self-haul) "Self-Hauler" or "Self-Haul" means a Person who hauls Solid Waste, Organic Waste, or recovered material they have generated to another Person, or as otherwise defined in 14 CCR Section 18982(a)(66). Self-Hauler also includes a Person who Back-Hauls waste. 1.103 Service Level "Service Level" means to the number and size of a Customer's Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc. 1.104 Seniors "Seniors" is defined in Section 5.1.4.1 Senior Rate Reduction. 1.105 Service Area 1 "Service Area 1" means all areas of the City outside of Service Area 2. 1.106 Service Area 2 "Service Area 2" means that area of the City identified in Exhibit 1." 1.107 Single Family Dwelling "Single Family Dwelling" means a dwelling unit in a building containing two or fewer Residential dwelling units. Single Family Dwelling units generally receive individual Cart Refuse Collection service. 19 of 123 A-29 1.108 Solid Waste "Solid Waste" means all putrescible and non-putrescible solid, semisolid wastes, including Garbage, trash, Refuse, paper, Rubbish, ashes, industrial wastes, Construction and Demolition Debris, discarded home appliances, Manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes that are permitted to be disposed of in a Class Ill Landfill. 'Solid Waste' includes Recyclables, Organics, Green Waste, Construction and Demolition Debris, and Bulky Items. Solid Waste does not include Hazardous Waste, or untreated medical waste. 1.109 Solid Waste Facility "Solid Waste Facility" means a solid waste transfer or processing station, a composting facility, a gasification facility, a Transformation Facility, or a Disposal Site. 1.110 Solid Waste Collection Service "Solid Waste Collection Services" means the Collection, Transportation, storage, Transfer, Processing, and Disposal of Solid Waste. 1.111 Source Separated "Source Separated" means the segregation by the Waste Generator of Recyclables or Organics, which otherwise would become Solid Waste. 1.112 Source Separated Blue Container Organics Waste (SSBCOW) "Source Separated Blue Container Organic Waste" or "SSBCOW' means Source Separated Organic Waste that can be placed in a Blue Container that is limited to the Collection of those Organic Wastes and Non-Organic Recyclables. 1.113 Source Separated Green Container Organic Waste (SSGCOW) "Source Separated Green Container Organic Waste" or "SSGCOW' means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate Collection of Organic Waste by the Waste Generator, excluding SSBCOW, carpets, Non-Compostable Paper, and textiles. SSGCOW is a subset of Organic Waste. 1.114 Split Bin "Split Bin" means a Bin that is split or divided into segregated sections, in which the material in each section is collected by separate vehicles. 1.115 State "State" means the State of California. 20 of 123 A-30 1.116 Term "Term" means the initial Term of this Agreement together with any extension of the initial Term as set forth in Section 2.4. 1.117 Tier One Commercial Edible Food Generator "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982: A. Supermarket. B. Grocery Store with a total facility size equal to or greater than 10,000 square feet. C. Food Service Provider. D. Food Distributor. E. Wholesale Food Vendor. 1.118 Tier Two Commercial Edible Food Generator "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982: A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. B. Hotel with an on-site food facility and 200 or more rooms. C. Health facility with an on-site food facility and 100 or more beds. D. Large Venue. E. Large Event. F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet. G. A Local Education Agency with an on-site food facility. 21 of 123 A-31 1.119 Transfer "Transfer" means the act of transferring Solid Waste Collected by Contractor from Contractor's Collection vehicles into larger vehicles at a Transfer Facility for Transport to other Facilities for Processing or Disposing of such materials. 1.120 Transfer Station "Transfer Station" means a Facility that received Solid Waste from collection vehicles and transfers the material to larger vehicles for transport to landfills and other destinations. Transfer Stations may or may not also include MRFs, transferring residual Refuse (Refuse left after the sorting of Recyclables) to landfills and Recyclables, including Organics and/or Construction and Demolition debris, to processors, brokers or end-users. 1.121 Transformation "Transformation" means incineration, pyrolysis, distillation, gasification, or biomass conversion other than composting. 1.122 Transformation Facility "Transformation Facility" means a facility whose principal function is to convert, combust, or otherwise process solid waste by incineration, pyrolysis, distillation, or biological conversion other than composting. A Transformation Facility does not include a composting facility or a biomass conversion facility. 1.123 Transportation or Transport "Transportation" or "Transport" means the act of conveying Collected materials from one location to another. 1.124 Universal Waste "Universal Waste" means any of the following waste that are conditionally exempt from classification as Hazardous Wastes pursuant to Title 22 of the California Code of Regulations (22 CCR), section 66261.9: (i) batteries as described in 22 CCR section 66273.2; (ii) thermostats as described in 22 CCR section 66273.4; (iii) lamps as described in 22 CCR section 66273.5; and (iv) cathode ray tube materials as described in 22 CCR section 66273.6. 1.125 Waste Evaluation "Waste Evaluation" means a procedure in which representative samples of waste and recyclables are taken from vehicle loads and sorted at a permitted facility to determine the degree to which the material is contaminated. 22 of 123 A-32 1.126 Waste Generator "Waste Generator" means any Person whose act or process produced Solid Waste or Recyclables, or whose act first causes Solid Waste or Recyclables to become subject to regulation. 1.127 Working Day "Working Day" means any day of the week except Saturday and Sunday and the following holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, or December twenty-fifth. 23 of 123 A-33 2 GRANT AND ACCEPTANCE OF RIGHTS 2.1 Grant and Acceptance of Rights, Indemnity of Award Subject to the terms and conditions of this Agreement (including but not limited to the exclusions set forth in Section 2.8 Limitations to Scope and Applicable Laws, and to the rights of State, county and school district facilities, and other entities that are permitted pursuant to state law, to use a Solid Waste enterprise other than Contractor, City hereby grants to Contractor and Contractor hereby accepts from City, for the Term of this Agreement, the exclusive right and privilege to provide Solid Waste Collection Services at Residential Premises within the City. City may grant collection agreements or permits or otherwise allow others to provide Solid Waste Collection Services to Residential Premises or provide services exempt from this Agreement per Section 2.8 Limitations to Scope. If there is a dispute as to whether the provision of a particular service to a particular customer is included under this Agreement, the City Manager will make the final determination, which determination shall be final and binding on the Parties. Contractor agrees to and shall timely take all actions that are reasonably necessary to defend the validity and enforceability of this Agreement and shall pay all costs related to such defense. Contractor shall defend, indemnify, protect and hold harmless, the lndemnitees from any and all claims, actions or proceedings to attack, set aside, void, annul or seek monetary damages resulting from an approval by the City of this Agreement; provided, however, Contractor shall not be responsible for indemnifying the City for any monetary damages which are awarded as a result of, or arising from, the City's active negligence or gross misconduct. The City shall promptly notify Contractor of any such claim, action, or proceeding. The City and Contractor shall meet in good faith in an effort to come to a mutual agreement for a joint defense; provided that the City shall be entitled to select legal counsel of its choice to conduct the defense if an agreement cannot be reached. Contractor's obligations to pay all costs, defend, indemnify, protect and hold harmless under this section shall not be altered in the event City retains separate counsel. 2.2 Enforcement of Exclusivity City shall have the right to enforce the exclusivity provisions of this Agreement if, in its absolute and sole discretion, it chooses to do so, but shall have no obligation to do so for the benefit of Contractor or otherwise. City additionally shall have the right, but not the obligation, to request that Contractor enforce the exclusivity provisions of this Agreement. Contractor shall have an affirmative obligation to enforce such exclusivity provisions when requested to do so by City. If Contractor requests that City take administrative, law enforcement, or other legal action to protect Contractor's exclusive rights, or otherwise enforce the exclusivity of this Agreement (including the adoption of any resolution or ordinance intended to facilitate the enforcement of the exclusive rights granted in this Agreement), Contractor shall reimburse City for its all administrative, law enforcement, or other legal costs and fees related to any such action. 24 of 123 A-34 2.3 Effective Date; Start of Services This Agreement shall become effective on the Effective Date. Start of service shall begin on April 1, 2022.' 2.4 Term of Agreement The term of this Agreement shall start on April 1, 2022 and expire June 30, 2029 (the "Term"). The Term may be extended by mutual agreement of the Parties for an additional five (5) year term beginning on July 1, 2029. 2.5 Representations and Warranties of Contractor Contractor hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement and to consummate the transaction contemplated by this Agreement, all of which shall be true as of the Effective Date of this Agreement a) Contractor is duly organized and validly existing as a corporation under the laws of the State of California. b) Contractor is duly organized, validly existing and in good standing under Applicable Laws. It is qualified to transact business in the State of California and has the power to own its properties and to carry on its business as now owned and operated and as required by this Agreement c) Contractor has the authority to enter into and perform its obligations under this Agreement. The Board of Directors or partners of Contractor (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 Contractor have authority to do so. d) Neither the execution of this Agreement nor the delivery by Contractor of services nor the performance by Contractor of its obligations hereunder: (1) conflicts with, violates or results in a breach of any Applicable Law; (2) conflicts with, violates or results in a breach of any term or condition of any judgment, decree, agreement (including, without limitation, the certificate of incorporation of Contractor) or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitutes a default under any such judgment, decree, agreement or instrument; or (3) will result in the creation or imposition of any encumbrance of any nature whatsoever upon any of the properties or assets of Contractor. 25 of 123 A-35 e) There is no action, suit or other proceeding as of the date of this Agreement, at law or in equity, or to the best of Contractor's knowledge, any investigation, before or by any court or governmental authority, pending or threatened against Contractor which is likely to result in an unfavorable decision, ruling or finding which would materially and adversely affect the validity or enforceability of this Agreement or any such agreement or instrument entered into by Contractor in connection with the transactions contemplated hereby, or which could materially and adversely affect the ability of Contractor to perform its obligations hereunder or which would have a material adverse effect on the financial condition of Contractor. [This provision may be waived by the City.} f) Contractor has no knowledge of any Applicable Law in effect as of the date of this Agreement that would prohibit the performance by Contractor of this Agreement and the transactions contemplated hereby. g) Contractor has made an independent investigation, satisfactory to it, of the conditions and circumstances surrounding this Agreement and the work to be performed by it, and is satisfied that those conditions and circumstances will not impair its ability to perform the work and provide the Collection services required by this Agreement. h) The information supplied by Contractor in all submittals made in connection with negotiation and execution of this Agreement, including but not limited to all information in Contractor's Proposal and all materials in Exhibits to this Agreement, and all representations and warranties made by Contractor throughout this Agreement are true, accurate, correct and complete in all material respects on and as of the Effective Date of this Agreement. i) Contractor's Contractor Representative, designated in Section 2. 7.2, shall have authority in all daily operational matters related to this Agreement. City may rely upon action taken by such designated representative as action of Contractor unless the actions taken are not within the scope of this Agreement. j) The landfills proposed by Contractor are properly permitted by the Regional Water Quality Control Board and CalRecycle, are classified as Class 3 landfills (permitted to receive municipal Solid Waste), comply with all Applicable Laws, are not on or being considered for inclusion on a state or federal Superfund list, or a CalRecycle list of Solid Waste facilities failing to meet State minimum standards, 26 of 123 A-36 and that they will in fact accept all Solid Waste Collected from within the City during the Term. k) The Designated Recycling Facility is properly permitted and in compliance with all Applicable Laws. I) The Designated Organics Processing Facility is properly permitted and is in compliance with all Applicable Law. m) No elected official, officer, agent or employee of the City has a financial interest, directly or indirectly, in this Agreement, the compensation to be paid under it and, further, no City employee who acts in the City as a "purchasing agent" as defined in the appropriate Section of California Statutes, nor any elected or appointed officer of the City, nor any spouse or child of such purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor of the Contractor and, further, that no such City employee, purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractor. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Contractor. n) Contractor is familiar with City's prohibition against acceptance of any gift by a City officer or designated employee. Contractor shall not offer any City officer or designated employee any gifts prohibited by the City. 2.6 Conditions to Effectiveness of Agreement The satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City in writing, is a condition precedent to the effectiveness of this Agreement, and a condition of Contractor's continued right to the benefits conveyed in this Agreement: a) Accuracy of Representations. All representations and warranties made by Contractor and set forth in this Agreement shall be accurate, true and correct on and as of the Effective Date, and shall remain so during the Term of this Agreement. b) Absence of Litigation. There shall be no litigation pending in any court challenging the award of this Franchise to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance. 27 of 123 A-37 c) Furnishing of Insurance, Bond, and Letter of Credit. Contractor shall have furnished evidence of the insurance, bonds and letter of credit required by Article 9, and shall comply with all ongoing requirements relating thereto. d) Effectiveness of City Council Action. City Council's approval of this Agreement shall have become effective pursuant to California law on or the Effective Date. 2. 7 Delegation of Authority 2. 7 .1 City Representatives References in this Agreement to the "City" shall mean the City Council and all actions to be taken by City shall be taken by the City Council except where this Agreement expressly delegates the authority to the City Manager, in which case the action shall be taken by the City Manager, or his or her designee. The City Council may also delegate, in writing, additional authority to the City Manager, and/or to other City employees and may permit such employees, in turn, to delegate in writing some or all of such authority to subordinate employees. Contractor may rely upon actions taken by such delegates if they are within the scope of the authority so delegated to them. 2.7.2 Contractor Representative Contractor shall, by the Effective Date, authorize and designate in writing a responsible officer who shall serve as the representative of Contractor in all matters related to this Agreement and who shall be responsible for working with City and/or City's designated representative(s) to resolve Agreement-related issues ("Contractor Representative"). Contractor shall include in the written designation any limitations upon the Contractor Representative's authority to bind Contractor. City shall have the right to approve the Contractor's choice for Contractor Representative. City shall be notified in advance of any change in Contractor Representative. Contractor acknowledges and agrees that City may rely upon action taken by the Contractor Representative as actions of Contractor taken on behalf of and with the full approval of the Contractor unless the action is outside the scope of the authority delegated to him/her by Contractor as communicated in writing to City. 2.8 Limitations to Scope The exclusive franchise, right and privilege to provide Solid Waste Collection Services at Residential Premises within the City granted to Contractor by this Agreement specifically excludes the following services, which services may be provided by Persons other than Contractor and which may be the subject of other permits, licenses, franchises or agreements issued or entered by City: a) The sale or donation of Source Separated Recyclable Material by the Waste Generator to any Person or entity other than Contractor; provided, however, to the 28 of 123 A-38 extent permitted by law, if the Generator is required to pay monetary or non-monetary consideration for the Collection, transportation, transfer, or processing of Recyclable Material, the fact that the Generator receives a reduction or discount in price (or in other terms of the consideration the Generator is required to pay) shall not be considered a sale or donation; b) Solid Waste, including Organics and Bulky Items, and Recyclables which are removed from any Premises by the Waste Generator, and which is transported personally by such Generator (or by his or her full-time employees) to a processing or Disposal Facility in a manner consistent with all Applicable Laws and regulations; c) Green Waste removed from a Premises by a gardening, landscaping, or tree trimming contractor, utilizing its own equipment, as an incidental part of a total service offered by that contractor rather than as a hauling service; d) The Collection, Transfer, Transport, Recycling, Processing, and Disposal of animal waste and remains from slaughterhouse or butcher shops for use as tallow; e) The collection, transfer, transport, Recycling, processing, and disposal of by- products of sewage treatment, including sludge, sludge ash, grit and screenings; f) The collection, transfer, transport, Recycling, processing, and disposal of Hazardous Substances, Hazardous Waste, Household Hazardous Waste and radioactive waste regardless of its source; g) Construction and Demolition Debris which is removed by a duly-licensed construction or demolition company or as part of a total service offered by that licensed company or by the City, where the licensed company utilizes its own equipment; h) Solid Waste generated on a Commercial Premises; i) Temporary Bin and Roll-Off Box service (for material generated from temporary clean-up or Construction and Demolition projects, not generated on an on-going basis by Residents); j) The Collection, transfer, transport, Recycling, processing, and Disposal of Solid Waste and Recyclables generated at City Facilities and City beaches or from 29 of 123 A-39 public works projects, or Collected from the public right's-of-way by City through City officers or employees in the normal course of their City employment; k) Solid Waste Collection Services for governmental agencies other than City, which may have facilities in the City, but over which City has no jurisdiction in connection with the regulation of Solid Waste; and, I) Containers delivered for Recycling under the California Beverage Container Recycling Litter Reduction Act, Section 14500, et. seq., California Public Resources Code. While the grant contained in this Agreement shall not be exclusive with respect to the above noted matters, Contractor shall still be obligated to provide those services which may be included in the above (including but not limited to Collection of Bulky Items, Collection of Organics, Collection of Recyclables, Collection of Solid Waste, and Collection at City Facilities and other services pursuant to terms set forth in this Agreement. The exclusive franchise, right and privilege to provide Solid Waste Collection Services within the City granted to Contractor by this Agreement shall be interpreted to be consistent with all Applicable Laws, and the scope of this Agreement shall be limited by all Applicable Laws. In the event that future interpretations of current law, future enactments or developing legal trends limit the ability of City to lawfully grant Contractor the scope of services as specifically set forth in this Agreement, Contractor agrees that the scope of this Agreement will be limited to those services and materials which may be lawfully provided, and that City shall not be responsible for any lost profits claimed by Contractor as a result. 2.9 City's Right to Direct Changes 2.9.1 General City may direct Contractor to perform additional Solid Waste Collection Services (including new Diversion programs, etc.) or modify the manner in which it performs existing services or Bills for services. Pilot programs and innovative services which may entail new Collection methods, and different kinds of services and/or new requirements for Waste Generators are included among the kinds of changes which City may direct. Contractor acknowledges that State or City law may increase the Diversion requirement during the term of this agreement and Contractor agrees to propose services to meet such Diversion requirements. Contractor shall be entitled to an adjustment in its Contractor Compensation for providing such additional or modified services, including a profit factor equal to ten percent (10%) of the incremental cost of such additional or modified services. City may utilize cost components included in the Contractor's Proposal in calculating equitable rate adjustments. If the City Manager and Contractor cannot agree on compensation for new or additional services, then City may contract with other parties 30 of 123 A-40 for such services, which shall be considered exempt from the exclusivity provisions of Section 2.1. 2.9.2 New Diversion Programs Contractor shall present, within thirty (30) days of a request to do so by City, a proposal to provide additional or expanded Diversion services. The proposal shall contain a complete description of the following: • Collection methodology to be employed (equipment, manpower, etc.). • Equipment to be utilized (vehicle number, types, capacity, age, etc.). • Labor requirements (number of employees by classification). • Type(s) of Containers to be utilized. • Type(s) of material to be Collected. • Provision for program publicity/education/marketing. • Three-year projection of the financial results of the program's operations in an operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions. • The added cost for providing such additional or expanded Diversion services. • The projected increase in the City's' Diversion rate. 2.10 Ownership of Solid Waste City and Contractor understand and agree that it is Contractor, and not City, who will arrange to Collect Solid Waste, that City has not, and, by this Agreement does not, instruct Contractor on its Collection methods, nor supervise the Collection process; nor do the Parties intend to place title to Solid Waste Collected by Contractor in City. Rather, the Parties intend that whatever, if any, title in and to the Solid Waste that is Collected by Contractor which otherwise might exist in or with City in the absence of this Agreement is hereby transferred to Contractor; and further that if Contractor gains title to such Solid Waste it is by operation of law and agreement with its Customers and is not the result of this Agreement. At no time does City obtain any right of ownership or possession of Solid Waste placed for Collection, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. City and Contractor agree that, for the purposes of the Uniform Commercial Code and all other laws imposing liability for defective products, it is Contractor, and not City which is to be considered the merchant 31 of 123 A-41 of goods recycled pursuant to this Agreement. Subject to the provIsIons of this Agreement, and unless City exercises its rights to direct the location for Disposal and processing of Solid Waste, Contractor shall have the right to retain, Recycle, process, dispose of, and otherwise use Solid Waste Collected pursuant to the terms of this Agreement in any lawful fashion or for any lawful purpose; and, further, shall have the right to retain any benefit resulting from its right to retain, Recycle, process, dispose of, or reuse the Solid Waste which it Collects. Ownership of Solid Waste shall transfer to Contractor when Customer places it at point of Collection. 2.11 Permits and Licenses Contractor shall acquire and maintain, at its own expense, all permits and licenses required by Applicable Law for the Collecting, transporting, processing, and storing of Solid Waste, disposing of Solid Waste, and the Recycling and Processing of Recyclables and Organics, and maintain same in full force and effect throughout the Term. Contractor shall provide proof of such permits, licenses or approvals and shall demonstrate compliance with the terms and conditions of such permits, licenses and approvals upon the request of the City Manager, or his or her designee. Failure to maintain all required permits shall be deemed a material breach of contract for which City may terminate this Agreement as provided in Section 11.2. Contractor must follow requirements of the Rancho Palos Verdes Municipal Code. 2.12 Contractor Name Contractor name may not include "Rancho Palos Verdes" or any other language indicating that the Contractor is a division of, or otherwise connected to, City. 2.13 Coordination with Other Jurisdictions In the event that Contractor were to be awarded a similar franchise agreement with another jurisdiction on the Palos Verdes Peninsula, or if the City had the opportunity to coordinate the services under this Agreement, or non-exclusive Commercial services, with another jurisdiction on the Palos Verdes Peninsula, Contractor shall act in good faith to identify and realize efficiencies and or economies of scale to reduce costs, or slow the growth of operating costs. 2.14 Good Faith Negotiations for Exclusive Commercial Service Parties understand the following: • Contractor, and other solid waste enterprises, provide Solid Waste Collection Services to Commercial Premises in the City pursuant to separate non-exclusive franchise agreements with the City. • Contractor, and the other solid waste enterprises, have been lawfully providing Solid Waste Collection Services for more than three previous years. 32 of 123 A-42 • Pursuant to Public Resource Code 49520, Contractor, and the other solid waste enterprises, possess statutory rights to continue providing service for up to five (5) years after mailed notification to the solid waste enterprise(s) by the City that exclusive solid waste handling services are to be provided. • On or about February 1, 2022, City notified Contractor, and other solid waste enterprises, that the City intended to authorize exclusive solid waste services for Commercial Premises on or about February 1, 2027. Based on the above understandings, Parties agree that prior to February 2025, Contractor and City shall enter into good faith negotiations to amend the scope and terms of this Agreement to enable Contractor to provide exclusive Solid Waste Collection Services to Commercial Premises in the City. Contractor's right to provide exclusive Solid Waste Collection Services to Commercial Premises in the City would start on or about February 1, 2027. 33 of 123 A-43 3 Fees Paid to the City As part of its consideration for entering into this Agreement, and for the exclusive franchise, right and privilege to provide Solid Waste Collection Services as specified in this Agreement, Contractor shall pay the fees specified in this Article 3. 3.1 Other City Fees 3.1.1 Collector Fee In consideration of the exclusive right to Collect provided in Section 2.1 of this Agreement, throughout the Term, Contractor shall continue to pay to City the Collector Fee. For the twelve months ending June 30, 2022, the Collector Fee is six hundred forty-eight thousand one hundred nineteen dollars ($648,119). The Collector Fee shall adjust at the same rate that the Customer rates are adjusted pursuant to Article 6. Rate adjustments effective each July 1 will apply to the Collector Fee as of the following September 30 quarterly payment. Contractor shall pay the Collector Fee quarterly. The quarterly Collector Fee payment to the City is due on September 30, December 30, March 30 and June 30 of each year. If payment is not received by the City by the due date, Contractor shall pay to City a penalty in an amount equal to ten percent (10%) of the amount owing for that quarter, plus interest at a rate of one and one-half (1.5%) per month. 3.1.2 Environmental Programs Fee To support City's environmental efforts, throughout the Term, Contractor shall continue to pay to City an Environmental Programs Fee. For the twelve months ending June 30, 2022, the Environmental Programs Fee is one hundred sixty-three thousand six hundred eighty-eight dollars ($163,688). The Environmental Programs Fee shall adjust at the same rate that the Customer rates are adjusted per Article 6. Rate adjustments effective each July 1 will apply as of the following September 30 quarterly payment. Contractor shall pay the Environmental Programs Fee quarterly. The quarterly Environmental Programs Fee payment to City is due on September 30, December 30, March 30 and June 30 of each fiscal year. If payment is not received by the City by the due date, Contractor shall pay to City a penalty in an amount equal to ten percent (10%) of the amount owing for that quarter, plus interest at a rate of one and one-half (1.5%) per month. 3.1.3 Recycling Rebate Contractor shall rebate to Customers a Recycling Rebate equal to one dollar and fifty- eight cents ($1.58) per month in Area 1, and one dollar and thirty-one cents ($1.31) per month in Area 2, for each Single-family and Multi-family Dwelling Unit. This Recycling Rebate is intended to reimburse ratepayers for the revenue Contractor receives in California Refund Value (CRV) funds ("Recycling Rebate"). Actual CRV funds received 34 of 123 A-44 by Contractor may be higher or lower; adjustments to this Recycling Rebate will not be made based upon actual CRV value received by Contractor. This Recycling Rebate will be fixed, unless and until the CRV rate for all beverages under 24 oz. is adjusted. The $70,000 per quarter amount will adjust by the same percentage change as the rate for the all beverages under 24 oz., which is $0.05 per container as of the execution of this Agreement. Adjustments will be prorated for any period between the date the new CRV rate becomes effective and the next scheduled payment date. An increase in this Recycling Rebate does not result in an increase in Customer rates. The quarterly Recycling Rebate payment to City is due on September 30, December 30, March 30 and June 30 of each fiscal year. If payment is not received by the City by the due date, Contractor shall pay to City a penalty in an amount equal to ten percent (10%) of the amount owing for that quarter, plus interest at a rate of one and one-half (1.5%) per month. 3.2 Future Fees In the event that City implements a new fee to be paid by the Contractor, Contractor shall be entitled to a rate adjustment in an amount sufficient to recover the fee from Customers. City may elect to have Contractor pay in accordance with terms under Section 3.1, or on another schedule as City identifies. City may set deadlines and late fees, and additional fees would be subject to audit. 35 of 123 A-45 4 Direct Services 4.1 General 4.1.1 High Quality Collection Service The work to be done by Contractor pursuant to this Agreement shall include, but not be limited to, the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services required. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve Contractor of the duty to furnish all other items, as may be required, whether enumerated elsewhere in this Agreement or not. The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that all Customers are provided reliable, courteous and high-quality Solid Waste Collection Services. 4.1.2 Summary of Terms Here is a summary of terms that are used in this Section: 'Refuse' includes Garbage, Rubbish, and mixed waste; essentially, trash. 'Refuse' is synonymous with Gray Container Waste. 'Refuse' is collected in Gray Carts. 'Recyclables' include non-organic recyclable material such as bottles, cans, and plastic. 'Recyclables' also includes dry organic recyclable material such as paper and cardboard. Recyclables set aside for collection are also known as Source Separated Blue Container Organic Waste (SSBCOW). Recyclables are collected in Blue Carts. 'Greenwaste' includes grass, leaves, and yard trimmings. 'Food Waste' includes Food Scraps and Food Soiled Paper. 'Organics' includes both Greenwaste and Food Waste. Organics set aside for collection are also known as Source Separated Green Container Organic Waste (SSGCOW). Organics are collected in Green Carts. Only Greenwaste properly bundled may be placed outside the Green Carts for collection. Although the definition of Food Waste in the SB 1383 Regulations includes Compostable Plastics, those are not allowed in the Green Container because they do not decompose as advertised. 4.1.3 Service Areas 1 and 2 The City is organized into two service areas; Service Area 1 and Service Area 2. The boundaries of Service Area 2 are shown in Exhibit 1. Service Area 1 includes all other areas of the City outside of Service Area 2. Exhibit 1 shows that Service Area 2 is further subdivided into Areas A, B, C, and D. Areas A and B in Service Area 2 receive automated Cart Collection service as described below in Sections 4.2.1, 4.3.1, and 4.4.1. Areas C and Din Service Area 2 receive unlimited backyard collection service as described further below in Sections 4.16, 4.18, and 4.19. 36 of 123 A-46 4.2 Refuse 4.2.1 Cart Refuse Collection Contractor shall provide all Customers at Single Family Dwellings and Multi-Family Dwellings without Bin Service, with one Gray Cart"", and shall Collect all Refuse placed therein for Collection not less than once per week. If there is a dispute between a Customer and Contractor as to whether Cart or Bin service shall be provided, the City Manager will make the final determination, which determination shall be final and binding on Contractor and Customer. Cart Customers shall be instructed to place the Cart(s) in the street gutter for Collection, unless the Customer receives Backyard Service or flag lot service. However, Contractor shall relocate Carts for Collection when necessary, and return them to their original position. Cart Customers that regularly require more than one Gray Cart may request additional Gray Carts for an additional charge per Cart per month in accordance with the Rate Schedule. Customers may select a 35, 64 or 96-gallon cart. The 64-gallon cart shall be the default in the event that a size is not selected. Multi-Family Customers receiving Gray Cart service are entitled to the same services as Single Family Cart Customers and shall pay the same rates. Contractor shall provide curbside collection service, in accordance with this Section 4.2.1 in the areas depicted as Area A and Area B in Service Area 2 shown in Exhibit 1. 4.2.2 Gray Cart Overage Cart Customers may periodically generate more Refuse than will fit in the Gray Cart(s). Cart Customers are therefore entitled to two pickups per calendar year of material that does not fit in the Gray Cart(s) at no additional cost, so long as such material is placed beside Customer's Gray Cart. One pickup shall consist of up to the equivalent of three (3) large bags, boxes or barrels of Refuse. Contractor shall Collect all Refuse put out for Collection, in addition to the foregoing two (2) pickups to be provided at no charge. Cart Customers may be charged per pickup in accordance with the approved Rate Schedule for overage pickups above two (2) per year. In addition to the two (2) no-charge pickups, Contractor shall Collect all additional Refuse placed out for Collection in the Cart Customer's own Containers (bags, barrels, etc.) at no additional charge during the period beginning December 26 through the end of the holiday tree Collection period (see Section 4.4.4). This service is limited to Refuse that could otherwise be placed in the Gray Cart, and not Bulky Items, which are Collected in accordance with Section 4.2.13. To help facilitate Contractor record keeping, Contractor may request in public education materials that Customer call in Cart overages, but will Collect an overage whether or not it was called in. Customers shall not be expected to call in from December 26 through January 15, the holiday tree Collection period. 37of123 A-47 4.2.3 Backyard Service "Backyard Service" means the Contractor removes all Collection Carts, Green Waste bundles and Gray Cart Overages per Section 4.2.2 from a Cart Customer's designated Collection location other than curbside, such as backyard, side yard, or driveway, for Collection, and returns Carts and other containers when Collection is complete. Customer may request backyard service and Contractor may charge customers requesting Backyard Service in accordance with the Rate Schedule, unless the Customer falls under the exception for disabled customers described below in Section 4.2.4. 4.2.4 Backyard Service for the Disabled Contractor shall provide disabled Cart Customers with Backyard Service at no additional charge. Contractor will remove Refuse, Recyclables and Organics and Green Waste bundles from Customer's outdoor storage area, place them out for Collection, and return Containers to Customer's outdoor storage area after Collection, ensuring that all doors or gates are closed securely. Contractor shall not enter garages. In order to qualify as disabled under this section, Customers must demonstrate to Contractor that they have been issued a handicap placard from the Department of Motor Vehicles, and received written confirmation from a medical doctor that the Customer is physically unable to reasonably wheel Carts to and from the curb. Doctor's letter should include the duration of this disability and Contractor may limit no-charge Backyard Service to this time period. Walk-out service need not be provided if an able-bodied adult resides with the disabled Customer. Contractor may require annual confirmation that the disability continues and that no able-bodied individual resides at the premises. 4.2.5 Flag Lot Service The City includes Residential Premises located somewhat behind other Residential Premises (typically at cul-de-sacs), resulting in multiple driveways and limited curb space at the street where Carts would typically be placed for Collection. Such lot placements are referred to as "flag lots." Where such limited curb space makes curbside placement of all Carts impractical, Residents shall be permitted to line Carts up perpendicularly alongside their driveways, as close to the curb as is reasonable for Collection. This arrangement will usually require Collection Vehicle drivers to leave their vehicles to position Carts for Collection and return them to alongside the driveway. Contractor will not be permitted to charge an additional fee for this additional effort. 4.2.6 Bin Refuse Collection Contractor shall provide Bin Refuse Service to Residential Customers that do not receive Cart Refuse service. Contractor shall Collect and remove all Refuse that is placed in Bins from the property of Customers receiving Bin Service, at least as frequently as required per the Rancho Palos Verdes Municipal Code and more frequently if required to handle the waste generated at the Premises where the Bins are located. The size of Bins may be determined by mutual agreement between Customer and Contractor; provided, however, 38 of 123 A-48 the City Manager shall make the final determination as to the number and size of Bins, and frequency of Collection to be provided to Bin Customers. Special consideration shall be given when determining the pickup areas to ensure that the flow of traffic is not impeded. Contractor shall provide two, three, four and six cubic yard Bins upon request. Contractor will service Bins equipped with compaction devices or "compactors" that attach to the Bins. The sale, lease or provision of the compaction device itself is outside this Agreement. 4.2. 7 Overflowing Containers Customers that regularly produce more Refuse than their current level of service can accommodate, may have their service level increased in accordance with the following procedure: First Incident in Three Month Period -If more material is placed for Collection than fits in a Bin or Cart (unless Collection of the overage has been properly arranged under Section 4.2.2), Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer (at both the service and Billing addresses, if different) the picture and a letter instructing that subsequent instances of overflowing Container may result in a charge, and possibly in an increase in the level of service. Second Incident in Three Month Period -Upon the second event of an overfilled Bin or Cart (unless Collection of the overage has been properly arranged under Section 4.2.2) in a three-month period, Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer (at both the service and Billing addresses, if different) the picture and a letter instructing that a third incident in that same three month period may result in an increase in the level of service. For Bin Customers, if the Bin overflowed sufficiently to require the driver to leave the Collection Vehicle to clean around the Bin, Contractor may charge the Bin Overage Clean-up Fee in the Rate Schedule. For Cart Customers, if Refuse was left beside the Cart for Collection other than as permitted under Section 4.2.2, Contractor may charge the Cart Overage Clean-up Fee in the Rate Schedule. Third Incident in Three Month Period -Upon the third event of an overfilled Bin or Cart (unless Collection of the overage has been properly arranged under Section 4.2.2) in a three-month period, Contractor shall photograph the overflowing Container, Collect the Solid Waste, and send to the Customer (at both the service and Billing addresses, if different) the picture and a letter requesting that Customer increase its service level. If the Customer declines, Contractor may petition City to permit Contractor to increase the service level to accommodate the higher demand for service; the City Manager shall make the final determination of whether to implement such an increase, which determination shall be final and binding. If the Bin overflowed sufficiently to require the driver to leave the Collection Vehicle to clean around the Bin, Contractor may charge the Bin Overage Clean-up Fee in the Rate Schedule. If Refuse was left beside the Cart for Collection other than as permitted under Section 4.2.2, Contractor may charge the Cart Overage Clean-up Fee in the Rate Schedule. 39 of 123 A-49 4.2.8 Scout Vehicles Scout Vehicles are defined as vehicles that transport a Solid Waste Bin to and from the point of Collection to provide access by a Collection Vehicle. Scout Vehicle service may be charged for in accordance with the Rate Schedule. Any disputes between the Contractor and the Customer as to whether Scout Vehicle service will be used will be determined by the City Manager, which determination shall be final and binding. Contractor shall make best efforts to minimize the amount of time Bins are staged on the street for Collection before being returned to their storage locations. 4.2.9 Bin Push-out Service Contractor may charge a fee for push-out service in accordance with the Rate Schedule if the driver must move a Bin a over 35 feet from Customer's storage location to where the Bin must be positioned for Collection (without the use of Scout Vehicles). Any disputes between the Contractor and the Customer as to whether the Bin push-out service fee applies will be determined by the City Manager, which determination shall be final and binding. 4.2.1 O Pup Route Service Cart Customers with difficult to access Collection locations shall receive service using small Collection Vehicles, or pup trucks. These small vehicles will be used for curbside and back yard services for Refuse, Recyclables and Organics Collection. Contractor may charge pup truck customers in accordance with pup truck rates in the Rate Schedule. Customers receiving pup truck service immediately prior to the start of service under this Agreement will continue to receive this service. Customers may request pup route service and Contractor must receive written approval from the City Manager prior to adding any Customer to, or removing any Customer from, the pup route. The City Manager's decision shall be final and binding as to which Customers will or will not receive this service. Customers receiving pup truck service and backyard service shall be charged the approved fees for each of these services. 4.2.11 Locking Bins Contractor shall provide locking Bin Service (providing the hasp and lock and servicing the lock) to Customers that request such service in accordance with the Rate Schedule. The approved fee may be charged for each locked Bin, based upon the number of scheduled pickups per week. 4.2.12 Return Trip Fee Contractor may charge a fee, per the Rate Schedule, in the event that Contractor arrives on time for a scheduled Collection of Bins, is impeded from Collection due to Container being blocked or otherwise unable to be Collected due to factors within the Customer's control, and Contractor must return a second time for Collection. Charge may be assessed for the trip, not per Bin, in the event of a Customer with multiple Bins. 40 of 123 A-50 4.2.13 On-Call Bulky Item Pickup Contractor shall provide Bulky Item pickup service to all Single Family Dwelling and Multi- Family Dwelling Customers. Each Residential dwelling unit, including Bin and Cart Customer Dwelling Units, shall be entitled to three (3) Bulky Item pickups per calendar year at no additional charge. Customers may put out up to four (4) Bulky Items at each pickup. Pickup location will be curbside for both backyard and curbside Cart Collection Customers (no Bulky Item pickups from backyards), and by the Refuse Bin for Bin Customers. Multi-Family complexes may arrange with Contractor for a complex-wide Bulky Item pickup day. An item may be a piece of furniture, appliance, bag, box, or bed. Contractor may instruct Customers to provide Contractor with a minimum of two Working Days' notice for the items that shall be Collected on the Customer's regular Collection day. Contractor shall Collect all Bulky Items as defined in Section 1.14 including Electronic Waste. The following provisions shall apply to this program: • No single item that cannot be handled by two workers will be accepted. • The following items will not be picked up: Hazardous Substances, Hazardous Waste, including waste oil or anti-freeze. (For the purposes of this section, universal wastes such as fluorescent bulbs, household batteries, and Electronic Waste are not considered hazardous and will be Collected by and disposed of in accordance with this Section as well as Sections 4.2.14 and 4.2.17 by Contractor.) • Contractor shall record by type and weight (in tons) the Solid Waste Collected from Bulky Item pickups. Contractor shall record the kinds and weights (in tons) of Solid Waste diverted, if any, from the landfill through Recycling, reuse, Transformation or other means of Diversion. Customers that exceed the number of no-charge pickups per dwelling unit may receive Bulky Item Collection under the same terms for a fee, in accordance with the Rate Schedule. 4.2.14 Bulky Item Diversion Bulky Items Collected by Contractor in accordance with Section 4.2.13, or otherwise Collected under this Agreement, may not be landfilled or disposed of until the following hierarchy of Diversion efforts has been followed by Contractor: 1) Reuse as is 2) Disassemble for reuse or Recycling 41 of 123 A-51 3) Recycle 4) Disposal This hierarchy is intended to preclude the use of front or rear loading packer vehicles for Bulky Items unless either the compaction mechanism is not used to compact the Bulky Items, or unless they have been designated for Disposal. 4.2.15 Household Hazardous Waste Events Contractor shall educate Customers regarding local County Household Hazardous Waste Events. In the event the County ceases to hold these events at its current local location, Contractor shall work with City to identify an alternative site upon which HHW events may be held. The City may request that Contractor conduct an event no more than one time per calendar year for an additional cost. 4.2.16 Used Oil and Used Oil Filter Collection Contractor shall Collect and Recycle used oil and used oil filters left curbside by Gray Carts on Collection day. Contractor may instruct Customers to call-in for this service at least 24-hours in advance, but Contractor shall Collect used oil and used oil filters left for Collection whether or not a call-in was placed. Contractor shall provide used oil Recycling containers to Customers that request them. Upon Collection of used oil, Contractor shall leave an empty Container. Contractor shall include in its public education materials the availability of this program and the free used oil Containers, and how to properly place the oil and filters for Collection. 4.2.17 Disposal of Electronic Waste and Other Special Wastes Contractor shall divert waste requiring special handling, such as Electronic Waste Collected in accordance with Sections 4.2.13, 4.2.15, 4.2.16, 4.5.2, 4.5.6, or by other means under this Agreement, by taking these goods to a properly permitted Facility, and not by landfilling. Contractor may encourage Customers through public education materials to bring small items requiring special handling, such as fluorescent bulbs or batteries, to a local HHW drop-off location, but will properly process such material received through the provision of services under this Agreement at no additional charge. 4.2.18 Household Battery and Florescent Light Bulb Drop-Off Contractor shall provide two Containers for household batteries and two Containers for florescent light bulbs at City facilities as public drop-off sites. Contractor shall be responsible for transporting full Containers to a properly permitted facility and replacing the Collection Containers. Contractor shall pay for proper processing and disposal. Contractor shail promote these sites in its newsletters, Billing inserts, and on its website. Service under this section shall be provided by Contractor at no additional charge. 42 of 123 A-52 4.2.19 Household Sharps Waste Disposal Program Contractor shall implement and administer during the Term of this Agreement a Household Sharps Waste Disposal Program. Under this program, residents will contact Contractor, via Contractor's website or customer service center, and request a Household Sharps container. Within seven calendar days of request, Contractor shall mail or deliver Household Sharps container with pre-paid return postage to the resident. Resident will fill the container with Household Sharps material, and small quantities of acceptable medical waste, and mail it back to the designated vendor for proper treatment and disposal. Contractor shall incorporate the Household Sharps Waste disposal program into its public education program. Contractor shall provide up to two hundred fifty (250) Household Sharps containers each calendar year at no additional charge. For any Household Sharps containers that exceed two hundred fifty (250) in a calendar year, Contractor may charge a fee of twenty-five dollars ($25.00) per container. The charge for excess Household Sharps containers shall increase at the same rate per year as the annual calculated collection rate increase determined by Section 6.3. 4.2.20 Optional Household Hazardous Waste Programs City may, but is not required to, implement any or all of the following options at any time during the Agreement Term. Availability of these options does not preclude the City from using alternative programs. 4.2.20.1 Optional Door-to-Door HHW Collection City has the option at any time under this Agreement to direct Contractor to initiate a door- to-door collection program for electronic waste, universal wastes, Sharps and other pharmaceuticals. Contractor would be compensated at the rate of $0.50 per month per Residential Customer for the first Rate Year. This rate shall increase at the same rate per year as the annual calculated collection rate increase determined by Section 6.3. Items to be Collected would include: • Florescent bulbs • Household batteries • Household items containing mercury, such as thermometers and thermostats • Televisions, computer monitors, portable computers, • Small appliances, such as printers, scanners and other small desktop machines • Cell phones and other small electrical devices 43 of 123 A-53 • Microwave ovens, hair dryers and other small kitchen and grooming appliances • Sharps and non-controlled pharmaceuticals This program, if implemented, will be in additional to, and not replace, other services under this Agreement, such as no-charge bulky item collection of electronic and other wastes. 4.2.20.2 Optional Pharmaceutical Drop Box Collection City has the option at any time under this Agreement to direct Contractor to place a pharmaceutical collection drop box at a City facility for the collection of all non-controlled medicines, including liquids and bottles in original packing. Items would be accepted from City Residents, not items from medical professionals that obtained such items in the course of business. The cost for this service is $275.00 per month per 24-gallon Container per month. Additional medicines Collected above 24-gallons shall be charged at $4.50 per pound. Alternatively, the City may elect to pass this cost directly through Billings at $0.10 per home per month. These rates would be applicable during the first Rate Year, shall increase at the same rate per year as the annual calculated collection rate increase determined by Section 6.3. 4.3 Recycling 4.3.1 Recyclables Collection for Cart Refuse Customers Contractor shall Collect all Recyclables from Single-family Residential Customers at no additional cost. Contractor shall provide all Customers receiving Cart Refuse Collection, and one-unit homes with Bin service, with a Blue Cart for Collection of Recyclables"", and shall Collect all Recyclables placed therein for Collection not less than once per week. Contractor shall Collect Recyclable Material placed in Blue Carts for Collection from each Customer on the same day as Customers' Gray Cart is Collected. Cart Customers shall be instructed to place the Blue Cart(s) in the street gutter for Collection, unless the Customer receives Backyard Service or flag lot service. Contractor shall relocate Carts for Collection when necessary, and return them to their original position. Contractor shall have a Recycling program whereby it, at a minimum, Collects newspaper, mixed paper {phone books, magazines, computer paper, junk mail, and paper bags), cardboard, glass bottles and jars, aluminum cans, plastic containers, tin/steel cans and any additional materials that can be recovered at the Designated Recycling Facility used by Contractor. Contractor will update public education materials accordingly as new items are added to those recovered by the Designated Recycling Facility. Customers that regularly require more than one Blue Cart may request additional Blue Carts for Recyclables Collection at no additional charge. 44 of 123 A-54 Customers may select a 35, 64, or 96-gallon cart. The 96-gallon cart shall be the default in the event that a size is not selected. 4.3.2 Recyclables Collection from Bin Refuse Customers Contractor agrees to provide, at no additional charge, unlimited Recyclables Collection service to Bin Customers without a waiver approved by the City. Contractor may purchase Recyclables from its Customers. The Contractor agrees to provide Recycling Bins and/or Blue Carts to such Customers in sufficient quantities to meet the Recycling needs of each Customer. Recyclables Collection programs shall be made available at a minimum for the same materials as included above in Section 4.3.1. 4.3.3 Additional Recyclables Programs In addition to the materials included above in Section 4.3.1, Contractor agrees to make programs available for all other Recyclables for which it has established markets. The Contractor shall notify all Customers of the availability of free Recyclables Collection programs via a mailed notice at least once per year for the remainder of the Agreement. 4.3.4 Warning Notice Contractor shall place a red tag or other warning notice approved by the City on all Blue Carts and Green Carts that are contaminated, indicating to the Customer why the Cart was not Collected, and providing Contractor's phone number. For Bin Customers, or Cart Customers with off-site management such as small apartment buildings, Contractor shall also mail a copy of the warning to the Customer's Billing address. The warning notice shall be affixed prominently onto the Container to ensure that it is not inadvertently removed due to weather conditions. The warning notice must be protected from rain, if precipitation is present or forecasted, by placing it in a clear plastic bag prior to affixing to Container. The warning notice shall be at least two inches by six inches (2" x 6") in size. The warning notice must identify the steps the Waste Generator must take to restart Collection service. Contractor shall document warning notices, recording the date and time of issuance, address of service recipient, reason for issuance, name of employee who issued the notice, and truck and route numbers. Contractor shall notify City on a monthly basis of any warning notices issued pursuant to this section, and shall provide copies of such warnings to City upon request. With prior written City authorization, Contractor may remove Containers from habitual contaminators that have received a total of three warnings on either or both Carts in any six-month period. Blue and Green Carts will be returned only after six months, or upon direction of the City, or if there is a change of occupancy. Recycling and Organics Containers for Bin Customers will be returned upon written direction of the City, or if there is a change of occupancy. 45 of 123 A-55 4.3.5 Marketing and Sale of Recyclables Contractor shall be responsible for marketing and sale of all Recyclables Collected pursuant to this Agreement. Subject to the requirement in Section 3.1.3 to rebate to Customers the Recycling Rebate, Contractor may retain revenue from the sale of Recyclables, and shall report the amount of such revenues to City upon request, with actual CRV revenue separately reported to permit City to track Customer participation in Recycling programs. 4.3.6 Minimum Recycling Requirements Contractor shall divert from landfilling a minimum of 50% of all Solid Waste it Collects under this Agreement. Compliance will be measured on a calendar year basis. Solid Waste Collected shall only be considered to have been Recycled or diverted as required under this Agreement if it is deemed to be Diversion by CalRecycle in connection with efforts to meet City's Diversion goals. Contractor shall provide documentation to the City within 30 days of the end of each calendar year stating and supporting that calendar year's Diversion rate. Diversion from sources other than Contractor's Collection and Diversion efforts (such as source reduction, reuse, or Recyclables diverted by Solid Waste enterprises, Collection of materials that are not the subject of this Agreement, or the efforts of self-haulers) is not be counted as Diversion achieved by Contractor. If these Diversion requirements are not met, City may instruct Contractor to initiate new programs at Contractor's expense for this goal to be met on a consistent basis. 4.3. 7 Collection and Delivery of Recyclables All loads of Recyclables shall be taken to the Designated Recycling Facility for material recovery. Under no circumstances shall such loads be delivered for landfilling, even temporarily. Recyclables properly set out for Collection (excluding contaminated loads that have been red-tagged and recorded) shall only be Collected in vehicles on dedicated Recycling routes bound for Facilities capable of Recycling Recyclables. Emptying Containers of Recyclables that have been properly set out into a Refuse Collection vehicle load is prohibited. 4.4 Organics Collection Program 4.4.1 Organics Collection for Single-Family Customers Contractor shall provide all Single-family Customers receiving Cart Collection Service with a Green Cart for Collection of Organics, including Food Scraps, and Food Soiled Paper, but not including Compostable Plastics. Contractor shall Collect all Organics from Single-family Residential Customers at no additional cost. Contractor shall Collect all Source Separated Green Container Organics 46 of 123 A-56 Waste placed in Green Carts, as well as unlimited Green Waste tied and bundled as set forth below, and put out for Collection by Customers not less than once per week on the same day as Refuse Collection. Single-family Customers shall be instructed to place the Green Cart(s) in the street or gutter for Collection, unless the Customer receives Backyard Service or flag lot service. Contractor shall relocate Green Carts for Collection when necessary. Contractor shall return Green Carts to their original position after Collection. Contractor shall have an Organics Recycling program whereby it, at a minimum, Collects the types of Organics defined in Section 1. 78. Contractor shall only be obligated to Collect Green Waste set out for Collection in bundles if it is tied and bundled and placed beside Green Cart(s). Contractor shall not be required to Collect bundles that are greater than four (4) feet long and more than eighteen (18) inches in diameter. Contractor may request Customer to call in unusually large Green Waste loads or bundled Green Waste in advance, and shall promote brush clearing in accordance per Section 4.4.5, but will Collect all material properly set out for Collection. The Collection of Green Waste bundles under this Section is not considered a Bulky Item pickup. Customers may request two additional Green Carts at no additional charge. Residents with Carts beyond three per dwelling unit may be charged in accordance with the Rate Schedule. Customers may select a 35 or 96-gallon cart. The 96-gallon cart shall be the default in the event that a size is not selected. 4.4.2 Kitchen Caddies Upon Customer request, Contractor shall provide each Single-family and Multi-family Customer that receives Green Cart Collection Service with one ( 1) a food waste receptacle (kitchen caddy) that Customers can use for in-home storage of Food Scraps and Food Soiled Paper. Kitchen cadies shall be approximately one and one half (1.5) gallons with a hinged and tight-fitting lid. Contractor shall deliver food waste receptacles within five (5) days of Customer request. The manufacture, model, color, and labeling of kitchen caddies shall be subject to the approval of the City. 4.4.3 Organics Collection for Multi-family Customers Contractor shall provide Organics Collection Service to all Multi-family Customers without a waiver approved by the City. Contractor shall provide sufficient Green Bins or Carts to Multi-family Customers for Collection of Organics. Customers may subscribe to the appropriate Service Level, which will include 64-gallon and 96-gallon Carts, or 2-cubic yard Bins. Contractor shall place Green Carts and Bins at one or more community Collection points. Contractor shall Collect all Organics from Single-family Residential Customers at no additional charge to City or customers. 47 of 123 A-57 4.4.4 Holiday Tree Collection Program At no additional charge, Contractor shall operate an annual holiday tree Collection program from December 26 through January 15. During this period all holiday trees placed out for Collection by Cart and Bin Customers on Customer's regular Collection Day, at Customer's Collection location for Refuse Container Collection, shall be Collected by Contractor. After this period, trees will be Collected as Bulky Items under Section 4.2.13. Trees up to seven (7) feet in length will be Collected and diverted without Customers needing to cut them. Contractor may request that Customers with larger trees cut the trees to pieces no longer than seven (7) feet. Contractor will divert all holiday trees from landfilling. Upon request of the Owner or property manager, provided Customer's property has sufficient space, Contractor shall place a Roll-Off Box at Multi-Family complexes for the Collection of holiday trees to be diverted. 4.4.5 Brush Clearing Events Contractor shall conduct two brush clearing events per year at no additional charge, one in April or May and one in September or October on dates to be set by the City Manager ("Brush Clearing Event"). Each Brush Clearing Event will last for four Saturdays, each Saturday focusing on one of four areas in the City. Contractor and City will instruct Residents to clear brush and other Green Waste from their properties and place it curbside for collection in tied bundles, barrels, compostable bags or other containers that will facilitate Collection by Contractor during Brush Clearing Events. Contractor shall provide unlimited curbside Collection of Green Waste. Customers may be instructed not to use plastic bags. However, Contractor will Collect and divert Green Waste that is placed for Collection in plastic bags. One hundred (100) tons of brush/Green Waste collected per year through these events shall be processed at no additional cost; the level of processing brush/Green Waste included at no additional cost will be called the threshold. Tonnage in excess of the threshold will be factored into the subsequent year's rate adjustment as described in Section 6.6. 4.4.6 Brush Clearing Events -HOAs At no additional cost to City or Customers, Contractor shall provide and service sufficient Roll-Off Boxes up to twice per year to each homeowners' association for the purpose of brush clearing. Timing and placement of Containers to be mutually agreed upon between Contractor and each homeowners' association. 4.4.7 End Uses for Organics and Green Waste Contractor shall divert Organics and Green Waste materials Collected through weekly Cart and bundle Collection, holiday tree Collection and Brush Clearing Events from Disposal. Contractor must provide end uses for Organics that maximize Diversion credit 48 of 123 A-58 for City according to regulations established by CalRecycle. Green Waste may not be used as Alternate Daily Cover (ADC). Contractor is responsible for monitoring how the Organics and Green Waste will be diverted at the Designated Organics Processing Facility and for selecting alternative facilities if necessary to ensure full Diversion credit. Failure to obtain full Diversion credit for Green Waste or Organics shall be considered a material breach and constitute an event of default by the Contractor. City has the option, but not obligation, to direct Contractor where to deliver the material. If Contractor is using an Organics processing facility that is in full compliance with the terms of this Agreement and providing full Diversion credit, and City directs Contractor to use another facility at an additional cost to the Contractor, Contractor may request a rate adjustment for such additional costs. City may review request for accuracy and reasonableness and shall grant a reasonable rate adjustment. 4.5 City Services 4.5.1 City Facilities Collection Contractor shall Collect and dispose of all Refuse, Recyclable Material, and Organics put in Containers for Collection at City Facilities at no charge. Service levels and number of City Facilities serviced may increase during the Term without any additional compensation paid to the Contractor or increase to rate payers. Collections shall be scheduled at a time mutually agreed upon by Contractor and City, but not less than once per week. Contractor shall allow each City Facility to use Carts, Bins, or Roll-off Boxes for Refuse, Recyclables, and Organics Collection, as determined by the City Manager. Contractor will provide locking Bin Service for City if requested at no additional charge. 4.5.2 E-Waste at City Facilities Contractor shall Collect and Recycle or properly dispose of all Electronic Waste placed at the City yard for Collection. This material includes both items generated at City Facilities and items abandoned in the public right-of-way, including items Collected by City crews and Contractor crews. 4.5.3 City-Sponsored Events Contractor shall provide Refuse, Recyclables, and Organics Collection and Disposal/processing service for City-sponsored events. This shall include providing Containers (Bins, Roll-off Boxes, clearly labeled Recyclables and Organics Containers and cardboard waste boxes with liners) to Collect and dispose of, or process, all Refuse, Recyclables, and Organics as determined by City. The Contractor shall provide these services at City-sponsored events, at no cost to City, the ratepayers, or the event sponsors. City-sponsored events include, but are not limited to: • Whale of a Day • 4th of July Celebration • Shakespeare By the Sea 49 of 123 A-59 • Beach Clean-up/Earth Day • Beach Clean-up/America Recycles Day • City Hall/Office Clean-up Day Additional events are anticipated as well. 4.5.4 Clean-Up Event Collection City holds approximately 15 clean-up events per year. Contractor shall provide and service twenty-four (24) 40-cubic-yard Roll-Off Box pulls per year at no additional cost for these clean-up events. City estimates two Roll-Off Box pulls per event, but the number used at each event may be higher or lower, as determined by City. Contractor shall provide and service three-cubic-yard Bins at no additional cost for these clean-up events. City may exchange these Roll-Off Box pulls for additional Bin pulls at a rate of six Bin pulls per Roll-Off Box pull. 4.5.5 Emergency Collection and Disposal Service Contractor will assist City at the City's request with emergency Collection and Disposal service (in the event of major disaster, such as an earthquake, storm, riot or civil disturbance), or as otherwise determined necessary by the City, by providing Collection equipment and drivers normally assigned to City. Contractor may charge City for actual Disposal costs plus service rates per the Rate Schedule. Contractor shall develop an emergency action plan that will include items such as: • Emergency contact names and numbers; • A specific commitment of resources (such man-power, vehicles and refuse containers, to the extent not destroyed by the disaster) that would be made available to the City in the event of a natural disaster; and, • Optional resources that would be moved in from other locations should local resources be unavailable. Contractor must obtain written City approval for this plan within 60 days of the execution of this Agreement. City may ask Contractor to revise its submitted plan. 4.5.6 Abandoned Item Collection City crews provide abandoned item Collection services, delivering abandoned items to the City yard for Collection and Disposal by Contractor. In the event that City crews need additional assistance, Contractor will assist City crews (for up to twelve collection requests per calendar year; each request may include one or more items), by Collecting and disposing of, at no additional charge, within one Working Day of notification from City, 50 of 123 A-60 items left in the City's right-of-way, such as sidewalks, alleys, streets, and parkways. Contractor will properly divert from landfilling or Dispose of such items in accordance with Sections 4.2.14 and 4.2.17. 4.5.7 Street Sweeping Contract Management 'Contractor shall provide contract management services of City street sweeping services in accordance with the current requirements specified by City at no additional cost to City. Street sweeping services shall be provided through a street sweeping service provider engaged by City. In the event of (i) default of the street sweeping contract that is not the result of the negligence or willful act of Contractor, and/or (ii) termination of street sweeping services that is not the result of the negligence or willful act of Contractor, such default or termination shall not be cause for default and/or termination of this Agreement. 'Any agreement entered into by City and a street sweeping service provider, are referred to in this Agreement as the "Street Sweeping Agreement." City shall assign the Street Sweeping Contract to the Contractor for contract management. Contractor shall ensure that street sweeping services are provided in accordance with terms and conditions specified by City in the Street Sweeping Agreement. Contractor shall be responsible for all inquiries on street sweeping through its customer service call center and shall ensure that all matters are promptly corrected to the satisfaction of City. Contractor shall coordinate street sweeping services with City's Code Enforcement Division to enforce parking regulations related to street sweeping activities, as directed by City's Director of Public Works. Contractor shall deliver an annual report to City on the number of linear miles swept, amount of street sweeping debris collected and disposed, and other pertinent statistics as may be required by the Director of Public Works. Contractor shall be responsible for supervising the street sweeping service provider to ensure the street sweeping service provider performs street sweeping services to the highest level possible and properly disposes of street sweeping debris in a lawful manner. Contractor shall ensure that all terms and provisions in the Street Sweeping Agreement are maintained. On or before the 10th day of each month, Contractor will invoice City for street sweeping services performed during the preceding month by the street sweeping service provider. Each invoice shall also itemize the additional street sweeping services performed during the preceding month, by hour, and the actual costs incurred for processing of collected sweepings and water. There shall be no additional fees added by Contractor for contract management other than those requested by the street sweeping service provider. 51 of 123 A-61 City shall pay each invoice within thirty (30) days after receipt, except such amounts as City may in good faith dispute, which amounts City may withhold until resolution of the dispute. Payment of any disputed amounts shall be made within ten (10) days following resolution of the dispute. Contractor shall remit appropriate payment to the street sweeping service provider in accordance with the terms of Street Sweeping Agreement. 4.6 Operations 4.6.1 Schedules To preserve peace and quiet, Solid Waste and Recyclables shall only be Collected between 7:00 a.m. and 7:00 p.m. Monday through Friday and between 9:00 a.m. and 5:00 p.m. on Saturday. Saturday Collection hours are extended from 8:00 a.m. to 6:00 p.m. for holiday make-up Collections and for brush clearing events. No Sunday Collection is permitted without prior written approval from the City Manager. Collection is only permitted Monday through Friday for Cart service, unless Contractor receives advance written approval from the City Manager. Saturday Collection for Cart service is permitted on Saturday without advance approval if it is necessary due to holiday scheduling or to Collect a missed pickup. Contractor shall notify City no later than 7:00 a.m. on the following Monday morning if it Collected Cart Customers on a Saturday due to a missed pickup, and Contractor shall include the location of the missed pickup in the notice. If the regularly scheduled Collection day falls on New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, or Christmas Day, Collection days for the remainder of that week shall all be postponed one Collection day, and regularly scheduled Collections shall resume by the following calendar week. If one of these holidays falls on a Saturday, the Contractor shall perform Collection on the following Monday. Holiday scheduling, including the addition or deletion of holidays, is not permitted without advance written City approval. Contractor shall review its operations plan outlining the Collection routes, intervals of Collection and Collection times for all materials Collected under this Agreement with City at least once annually, and upon thirty (30) day written notice requesting a review of its operations plan. Contractor shall submit a copy of its Collection schedule and route map within seven days if requested by City. If the plan is determined to be inadequate by City, Contractor shall revise it incorporating any changes necessary to make it satisfactory to City within thirty (30) days. No change in schedules and routing shall be implemented until fifteen (15) days after Contractor receives approval from City and notifies Customers. 4.6.2 Missed Pickups When notified of a missed pickup prior to 1 :00 p.m., Contractor shall Collect the Refuse, Recyclables, and/or Organics that was not Collected the same day. If notified after 1 :00 p.m., Collection must take place no later than noon of the next Working Day. 52 of 123 A-62 4.6.3 Vehicles A. General. Contractor is responsible for providing all vehicles required for the Collection of Solid Waste and Recyclables in sufficient number and capacity to efficiently perform the work required by this Agreement in strict accordance with its terms."" Contractor shall provide such Collection Vehicles as are required to meet the service standards set forth in this Agreement, even if such Collection Vehicles exceed those set forth in Contractor's Proposal. Contractor shall have available on Collection days sufficient back-up vehicles for each type of Collection Vehicle used to respond to complaints and emergencies. B. Specifications. Within twelve (12) months of the Effective Date, all Route Collection Vehicles shall be equipped with Near-Zero Natural Gas engines. 'Near-Zero Natural Gas' engines emit 90% fewer NOx emissions than those limited by 2010 GARB standards, and meet the 2023 and 2031 GARB emission standards. All Route Collection Vehicles shall be fueled with Renewable Natural Gas. "Route Collection Vehicles" means all Collection vehicles used for the weekly Collection of Refuse, Recycling or Organics, including Cart and Bin services, but excluding pup trucks and Scout Vehicles, and other Collection Vehicles used only for occasional services such as brush clearing events, Bulky Item Collection, City-sponsored events, clean-up events, Roll-Off Services, and holiday tree Collection. Both Collection Vehicles and Route Collection Vehicles must be registered with the California Department of Motor Vehicles and shall have water-tight bodies designed to prevent leakage, spillage or overflow. Collection Vehicles that use other fuel than natural gas may be used as spares to replace Route Collection Vehicles that are unavailable for no more than a total of 30 days per year per route, provided that the vehicles meet all other requirements of this Agreement. At all times during the Term, Contractor's Route Collection Vehicles and Collection Vehicles shall comply with all applicable air pollution control laws, including but not limited to South Coast Air Quality Management District (GARB) emission standards for Solid Waste Collection Vehicles as established in the California Code of Regulations Title 13 Section 2020 et seq. and as they may be approved for Solid Waste and Recyclables removal vehicles, as well as other Applicable Laws. Annually, Contractor shall provide City with documentation of such compliance for each vehicle. For example, with regard to GARB regulations, such documentation shall demonstrate, at a minimum, the vehicle number, make, model, year, control technology used or planned, and the year that the control technology was applied or is planned to be applied. C. Vehicle Identification and Labeling. Each Collection Vehicle shall be marked with Contractor's name, toll free phone number, and a vehicle identification number designated by Contractor for each Collection Vehicle which shall be prominently displayed on all such Vehicles, in lettering at least six inches in height and in contrasting colors, on each side and the rear of all Collection Vehicles. City must approve truck labeling, and may place billboards with public notices on vehicles at no additional charge; no other advertising is permitted. If requested by City, Contractor shall place signage on 53 of 123 A-63 Route Collection Vehicles indicating which material (Refuse, Recycling, Organics) is being Collected in the Vehicle. As vehicles may be used to Collection different materials at different times, the signage may be required to be changeable. D. Cleaning and Maintenance 1) Contractor shall maintain all properties, vehicles, facilities, and equipment used in providing service under this Agreement in a good, safe, neat, clean and operable condition at all times. 2) Collection Vehicles shall be painted, thoroughly washed, and thoroughly steam cleaned on a regular basis so as to present a dean appearance. City may inspect Collection Vehicles or any other equipment used in providing service pursuant to this Agreement at any time to determine compliance with this Agreement. Contractor shall also make all Collection Vehicles available to the County of Los Angeles for inspection regarding health concerns and requirements, at any frequency it requests. Contractor agrees to replace or repair to the City's satisfaction, any Collection Vehicle that City determines to be of unsightly appearance, leaking, or in unsatisfactory operating condition. 3) Contractor shall repaint any or all Collection Vehicles within thirty (30) days' notice from City, if City determines that their appearance warrants painting. City may not require a vehicle to be repainted if it has been repainted within the previous thirty (36) months. 4) Contractor shall inspect each Collection Vehicle daily to ensure that all equipment is operating properly. Collection Vehicles which are not operating properly shall be removed from service until repaired and operating properly. Contractor shall perform all scheduled maintenance functions upon Collection Vehicles in accordance with the manufacturer's specifications and schedule. Contractor shall keep accurate records of all Collection Vehicle maintenance, recorded according to date and mileage, and shall make such records available to City upon request. 5) Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. Contractor shall maintain accurate records of repair, which shall include the date and mileage, nature of repair and the verification by 54 of 123 A-64 signature of a maintenance supervisor that the repair has been properly performed and shall make such records available to City upon request. 6) Contractor shall clean up any leaks or spills from its vehicles per the National Pollutant Discharge Elimination System (NPDES) permit in effect at the time. No fluids shall be washed into storm drains at any time. All NPDES dry-cleaning measures shall be complied with. All Collection Vehicles must be equipped with absorbent for such clean-up efforts. 7) Upon request, Contractor shall furnish City a written inventory of all equipment, including Collection Vehicles, used in providing service pursuant to this Agreement. This inventory shall list all equipment by manufacturer, year of production, ID number, date of acquisition, type, capacity, and whether the vehicle is a spare. E. Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. Contractor's equipment shall comply with US EPA noise emission regulations, currently codified at 40 CFR Part 205 and other applicable noise control regulations (including but not limited to Section 8.20.120 of the Rancho Palos Verdes Municipal Code), as well as other Applicable Laws, and such noise control features shall be incorporated throughout the entirety of all Collection Vehicle. Noise levels of equipment used for Collection shall comply with City ordinance and in no event shall the noise level exceed 75 dba when measured at a distance of 25 feet from the vehicle, five feet from the ground. Contractor shall store all equipment in safe and secure locations in accordance with City's applicable zoning regulations. Contractor shall be responsible for any damage resulting from or directly attributable to negligence or wrongful acts associated with any of its operations, and which it causes to: driving surfaces in the City, whether or not paved, public or private; associated curbs, gutters and traffic control devices; and all other public and private improvements. F. Vehicle Certification. Contractor shall obtain a certificate of compliance (smog check) issued pursuant to Part 5 of Division 26 of the California Health and Safety Code (Section 43000 et seq.) and regulations promulgated thereunder and/or a safety compliance report issued pursuant to Division 14.8 of the California Vehicle Code (Section 34500 et seq.) and the regulations promulgated thereunder, as applicable to the vehicle. Contractor shall maintain copies of such certificates and reports and shall make such certificates and reports available for inspection upon request by the City. G. City Inspection Per Code. City may cause any vehicle used in performance of this Agreement to be inspected and tested at any commercially reasonable time and in such 55 of 123 A-65 manner as may be appropriate to determine that the vehicle is being maintained in compliance with the provisions of 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. City may direct the removal of any vehicle from service if that vehicle is found to be in nonconformance with applicable codes. No vehicle directed to be removed from service shall be returned to service until it conforms with Applicable Laws, and its return to service has been approved by City. H. Vehicle Inspections. Contractor shall submit the Safety Compliance Report/Terminal Record Update from its Biennial Inspection of Terminal, or BIT. If Contractor receives a terminal rating below satisfactory, Contractor shall notify the City. Contractor has the time allowed by the Department of California Highway Patrol ("CHP") to cure violations and bring the terminal rating up to satisfactory. If the CHP does not adjust the rating to satisfactory or better within six (6) months, then this shall be considered a material breach of the Agreement, the Contractor shall be considered in default and the City may terminate this Agreement. I. California Heavy Duty Inspection Program. No later than the start of service under this agreement, Contractor shall submit to the City verification that each Collection Vehicle has passed the California Heavy Duty Vehicle Inspection. Thereafter, Contractor shall cause each Collection Vehicle to be tested annually in the California Heavy Duty Inspection Program and shall submit written verification to City within ten (10) Working Days of the completion of such test. Contractor shall not use any vehicle that does not pass such inspection. J. Correction of Defects. Following any inspection, the City Manager shall have the right to cause Contractor, at its sole cost and expense, to recondition or replace any vehicle or equipment found to be unsafe, unsanitary or unsightly. The City Manager's determination may be appealed to the City Council, whose decision shall be final. K. Collection Containers on Front of Vehicles. At no time shall Contractor use a compartment mounted on the front of a Collection vehicle, or drive with a container held out in front of the vehicle, in operating Refuse, Recycling and Organics Routes. Prohibited examples include the Curotto Can method, or using a bin held out to the front of the vehicle into which material is loaded. These Collection methods may however be used for extra services such as brush clearing events, holiday tree Collection, City-sponsored events, clean-up events, and Bulky Item Collection. 4.6.4 Containers Contractor will provide Containers to be used under this Agreement. City may select upgraded cart finishes, such as "granite," at no additional charge. 56 of 123 A-66 4. 6.4. 1 Carts Contractor shall provide Cart collection Customers with Carts during the Term of this Agreement. Carts and cart lids must meet color, size, uniformity, and quality requirements of the City. Contractor shall provide and maintain Carts and Cart lids with consistent colors and in good condition. Contractor shall maintain all Carts in good repair. Carts shall be marked or labeled to include the Contractor's name and phone number, and information about what materials should and should not be placed in each type of Cart. Cart markings and labels shall be subject to City approval. 4.6.4.2 Cart Maintenance, Replacement and Exchange Contractor shall be responsible for repair and maintenance, unlimited graffiti removal, and replacing lost, stolen, damaged, worn-out or otherwise unsightly Carts and Contractor- provided manual service Containers within two (2) Working Days at no additional charge to the Customer or to City, unless Contractor can demonstrate to the City Manager beyond a reasonable doubt that the damage or loss was due exclusively to the Customer's intentional or negligent behavior. The City Manager's determination shall be final and binding. If City permits a repair or replacement charge to be assessed against a Customer, charge shall be no more than the actual cost of repair or the Contractor's purchase price for a new Carts and Contractor-provided manual service Containers, whichever is lower. No shipping/handling/delivery costs are to be charged to City or Customer. All repairs must restore the Carts and Contractor-provided manual service Containers to their full functionality. Replacement of lost/stolen Carts and Contractor-provided manual service Containers at no cost to Customer may be limited to one of each type (Gray, Blue, and Green) for each dwelling unit during the Contract term. Upon Customer request, Contractor shall exchange Customer's Cart sizes. Contractor may charge a single exchange fee for each exchange request, regardless of the number of Carts exchanged, in accordance with the Maximum Schedule of Rates. 4.6.4.3 Bins A. Cleaning. Contractor shall provide Customers with Bins required during the Term at no extra charge. Contractor shall maintain Bins in a clean, sound condition free from putrescible residue. All Bins in use shall be constructed of heavy metal, or other suitable, durable material, and shall be watertight and well painted. Wheels, forklift slots, and other apparatuses, which were designed for movement, loading, or unloading of the Bin shall be maintained in good repair. Upon Customer or City request, or if required to maintain the Containers in a clean condition, Contractor shall dean all Bins for a fee in accordance with the Rate Schedule. When a Bin is removed for cleaning, Contractor shall replace the Bin, either temporarily or as a change-out, with another Container. Contractor shall remove graffiti from any Container within two Working Days of request by City or Customer. Contractor is required 57 of 123 A-67 to proactively look for graffiti when Collecting Bins, with all graffiti removed from Containers in no later than one Working Day after any Collection without notification. B. Bin Identification and Color. Each Bin placed in the City by Contractor shall have the name of Contractor and phone number in letters not less than three (3) inches high on the exterior of the Bin so as to be visible when the Bin is placed for use. Contractor shall label Bins with bilingual (English and Spanish) and graphic instruction on what materials should and should not be placed in each Bin. Contractor shall repaint Bins upon City's request if the City deems it necessary to maintain a neat appearance. All Refuse Bins shall be painted a uniform color of grey, and all Recycling Bins shall be painted a different, uniform color of blue. 4. 6.4.4 Roll-off Boxes Contractor shall provide sufficient Roll-off Boxes to meet City's demand throughout the Term of the Agreement, and will keep all Roll-off Boxes clean, free from graffiti, equipped with reflectors, and with the name and phone number of Contractor in letters not less than three (3) inches high on the exterior of the Roll-off Box so as to be visible when the Roll- off Box is placed for use. Contractor shall properly cover all open Roll-off Boxes during transport as required by the State Vehicle Code. 4.6.4.5 Repair of Bins and Roll-off Boxes Contractor shall be responsible for repair and maintenance of Bins and Roll-off Boxes at no additional charge, and replacing lost, stolen or damaged Bins and Roll-off Boxes within two (2) Working Days at no additional charge to the Customer or to City. All repairs must restore the Bins and Roll-off Boxes to their full functionality. Unsightly/worn-out Bins and Roll-off Boxes shall be replaced by Contractor upon Customer request. 4.6.5 Litter Abatement A. Minimization of Spills. Contractor shall use due care to prevent Solid Waste, Recyclables, or fluids from leaking, being spilled and/or scattered during the Collection or transportation process. If any Solid Waste, Recyclables, or fluids leak or spill during Collection, Contractor shall promptly clean up all such materials. Each Collection Vehicle shall carry a broom, shovel, absorbent, and containment materials at all times for this purpose. Contractor shall not transfer loads from one vehicle to another on any public street, unless it is necessary to do so because of mechanical failure, or accidental damage to a vehicle, without prior written approval by City. B. Clean Up. During the Collection or transportation process, Contractor shall clean up all litter spilled during Collection or otherwise caused by Contractor. Contractor shall leave a "red tag" notice for Customer if litter not caused by Contractor is found in Container enclosure or around Containers. Contractor may charge Customers in accordance with the Rate Schedule for the cleaning of Container enclosures or around the Container if it is littered due to overflowing Containers. Contractor may address habitual offenders in accordance with Section 4.3.4. 58 of 123 A-68 In the event of a spill of materials (vehicle fluids, waste, leachate, etc.), Contractor shall provide a clean-up of the spill to the satisfaction of City and other governing agencies. Clean-up methods may include pressure washing (Contractor must capture and reclaim water) or other similar clean-up methods. C. Covering of Loads. Contractor shall properly cover all open debris boxes during transport to the Disposal Site. 4.6.6 Personnel A. Qualified Personnel. Contractor 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, safe, economical and efficient manner. All drivers shall be trained and qualified in the operation of vehicles they operate and must possess a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. The Contractor shall be responsible for ensuring that its employees comply with all Applicable Laws and regulations and meet all federal, state and local requirements related to their employment and position. B. Hazardous Waste Employee Training. Contractor shall establish and vigorously enforce an educational program which will train Contractor's employees in the identification of Hazardous Waste. Contractor's employees shall not knowingly place such Hazardous Waste in the Collection Vehicles, nor knowingly dispose of such Hazardous Wastes at the processing Facility or Disposal Site. C. Customer Courtesy. Contractor shall train its employees in Customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to assure that all employees present a neat appearance and conduct themselves in a courteous manner. If any employee is found to be discourteous or not to be performing services in the manner required by this Agreement, Contractor shall take all necessary corrective measures including, but not limited to, transfer, discipline or termination. If City has notified Contractor of a complaint related to discourteous or improper behavior, Contractor will consider reassigning the employee to duties not entailing contact with the public while Contractor is pursuing its investigation and corrective action process. Contractor shall record Customer complaints regarding Customer service personnel in accordance with Section 5.2.2. Customer service representatives receiving multiple complaints are to be transferred from Customer service duties or, with City approval, disciplined and appropriately trained. D. Unauthorized Material Removal. Contractor shall dismiss or discipline employees who remove documents or any other material from Containers, other than specifically for the purposes of Disposal and Diversion as described in this Agreement. 59 of 123 A-69 E. Training. Contractor shall provide suitable operations, health and safety training for all of its employees who use or operate equipment or who are otherwise directly involved in Collection or other related operations. F. Compliance with Immigration Laws. Contractor shall be knowledgeable of and comply with all Applicable Laws. Contractor warrants and represents that all of its employees, including any and all prospective employees hired to perform services for the City under this Agreement and the employees of any subcontractor retained by the Contractor to perform a portion of the services under this Agreement, are and will be authorized to perform the services contemplated by this Agreement in full compliance with all applicable state and federal laws, rules and regulations, including, but not limited to, the Immigration and Nationality Act of 1952 (commencing with Section 1101 of Title 8 of the United States Code), and the Immigration Reform and Control Act of 1986 (commencing with Section 1324a of Title 8 of the United States Code), as amended. Contractor agrees to verify the legal status of all of its employees and provide documentation of such verification whenever requested by the City. If Contractor discovers that any employee it has retained is not in compliance with Immigration Laws, Contractor agrees to terminate such employee. G. Representations. Contractor's employees, officers, and agents shall at no time be allowed to identify themselves or in any way represent themselves as being employees of the City. Contractor's employees shall wear a company uniform when performing services on behalf of Contractor within the City. 4.6.7 Identification Required Contractor shall provide its employees, companies and subcontractors with identification for all individuals who may make personal contact with residents or businesses in the City, including drivers. City may require Contractor to notify Customers yearly of the form of its identification. Contractor shall provide a list of current employees, companies, and subcontractors to City upon request. City reserves the right to perform a security and identification check through the Los Angeles County Sheriff's Department on the Contractor and all its present and future employees employed by Contractor to work in the City, in accordance with accepted procedures established by City, or for probable cause. 4.6.8 Fees and Gratuities Contractor shall not, nor shall it permit any agent, employee, or subcontractors employed by it to request, solicit, demand, or accept, either directly or indirectly, any compensation, tip, or gratuity for services authorized to be performed under this Agreement. 4.6.9 Non-Discrimination Contractor shall not discriminate in the provision of service or the employment of Persons engaged in performance of this Agreement on account of race, color, religion, sex, age, 60 of 123 A-70 physical handicap or medical condition in violation of any applicable federal, state or local law. 4.6.10 Report of Accumulation of Solid Waste; Unauthorized Dumping Contractor shall direct its drivers to note (1) the addresses of any Premises at which they observe that Solid Waste and/or Recyclables are accumulating and is not being delivered for Collection; and (2) the address, or other location description, at which Solid Waste and/or Recyclables have been dumped in an apparently unauthorized manner. Contractor shall deliver the address or description to City within one (1) Working Day of such observation. 4.7 Contamination Monitoring and Minimization The Contractor shall implement a contamination monitoring program to minImIze Prohibited Container Contaminants in a manner that complies with Section 18984.5 of Title 14 of the California Code of Regulations. The Contractor may conduct its contamination monitoring requirements through either Route Reviews, Waste Evaluations, or on-board video cameras, or a combination of these methods. 4. 7 .1 Route Reviews For routes on which the Contractor conducts Route Reviews (i.e., on-route observations of individual Containers), the routes must be reviewed at least once per year. Upon finding Prohibited Container Contaminates in a Container, Contractor shall notify the Customer of the contamination. The notice of contamination may be left at the Customer's location, or mailed, e-mailed, or electronically messaged to the Customer. The notification shall include information about: 1) the Collection day on which the Container was contaminated, 2) the nature of the contamination (e.g., which type of Container was contaminated, etc., 3) information regarding the Customer's obligation to properly source separate materials in the appropriate Containers and, 4) the consequences of further contamination. If feasible, the notice should include photographic evidence of the contamination. 4.7.2 Waste Evaluations For routes on which Contractor performs Waste Evaluations (i.e., conducting waste characterizations of collected material at the processing facility), Waste Evaluations shall be conducted at least twice per year from vehicle loads of Source Separated Blue Container Waste and from Source Separated Green Container Organics Waste, and at least once per quarter from vehicle loads of Gray Container Waste. Waste Evaluations shall include samples of each material type, and samples from different areas of the City, and from different seasons in the year. The Waste Evaluations shall include at least the number of samples required in Section 18984.5 (C)(1)(e) of Title 14 of the California Code of Regulations. 61 of123 A-71 If the sampled weight of Prohibited Container Contaminants in the Waste Evaluations exceeds 25 percent of the measured sample for any Container type, the Contractor shall perform one of the following: • Notify all Customers on the sampled routes of their requirement to properly separate materials into the appropriate containers. The City may provide this information by placing a notice on the Customer's Container, gate, or door, and/or by mail, e-mail, or electronic message to the Customer; or, • Perform a targeted route review of containers on the routes sampled for waste evaluations to determine the sources of contamination and notify those Customers of their obligation to properly separate materials. The City may provide this information to these Customers by placing a notice on the Customer's container gate, or door, and/or by mail, e-mail, or electronic message to the applicable Customers. 4.7.3 On-board Cameras Contractor may accomplish contamination monitoring and minimization by using on- board cameras that are directed at the vehicle hopper. If the Contractor via cameras detects excess contamination, Contractor shall follow up with the generators on that route using educational materials including mailers, door hangers, and Cart/Bin tags. The notice shall include information regarding the Customer's requirement to properly separate materials into the appropriate Containers and may include photographic evidence. 4.8 Transportation of Solid Waste and Recyclables Contractor shall transport all Refuse Collected to a Facility designated by the Contractor pursuant to Section 4.10 (e.g., Transfer Station, Waste-to-Energy Facility, Organics Processing Facility, MRF, Disposal Site). Contractor agrees to make all reasonable efforts to separate Recyclables from Refuse for Diversion from landfill Disposal. During the Term of this Agreement, Contractor shall ensure that adequate processing and disposal capacity is available to properly handle the City's flow of Solid Waste including Recyclables, Organics, and Greenwaste. Contractor shall maintain accurate records of the quantities of Solid Waste and Recyclables transported to all Facilities utilized and will cooperate with City in any audits or investigations of such quantities. Contractor shall cooperate with the operator of any Disposal Site or Facility it uses with regard to operations therein, including, for example, complying with directions from the operator to unload Collection Vehicles in designated areas, accommodating to maintenance operations and construction of new facilities, and cooperating with its Hazardous Waste exclusion program. 62 of 123 A-72 4.9 Designated Facilities Contractor shall designate each transfer station, transformation facility, processing facility or other Facility used by Contractor in the fulfillment of this Agreement, unless the City exercises its rights pursuant to Section 4.9.4. Contractor must receive written advance approval from City to use each transfer station, transformation facility, processing facility or other Facility used by Contractor in the fulfillment of this Agreement. When requesting approval for a new facility, Contractor shall provide the reasoning for such a change to City. Contractor is responsible for ensuring that each Facility it uses is properly permitted prior to requesting City approval to use such Facility. Contractor guarantees the City capacity at its EDCO Recycling and Transfer in the City of Signal Hill for the Agreement Term for all of the City's Refuse, Recyclables and Organics generated and required to be Collected under this Agreement. 4.9.1 Disposal Site The Contractor shall dispose of Refuse Collected, that is not required to be processed, at the Disposal Site. Contractor has designated the Orange County Landfill System, Puente Hills MRF as the Disposal Site(s) as of the effective date of this Agreement. 4.9.2 Designated Recycling Facility Contractor has designated EDCO Recycling and Transfer as the Recycling Facility as of the effective date of this Agreement ("Designated Recycling Facility"). Contractor shall deliver all Recyclables collected in the City to the Designated Recycling Facility, at Contractor's expense and in accordance with all Applicable Laws. Contractor shall ensure that, after processing, residue material shall not exceed the amount permitted by Applicable Law. Contractor shall ensure that Recyclables are used in a manner that is classified as Diversion. 4.9.3 Designated Organics Processing Facility Contractor has designated EDCO Recycling and Transfer, Falcon Transfer Station and, as possible alternative/backup sites, Carson Transfer Station, Bel Art Transfer Station, and CR Transfer as the Organics Processing Facility(ies) as of the Effective Date of this Agreement ("Designated Organics Processing Facility"). Contractor shall deliver all Organics collected in the City to the Designated Organics Processing Facility. 4.9.4 Facility Replacement Due to Non-Compliance Contractor shall ensure that the Disposal Site, Designated Recycling Facility, Designated Organics Processing Facility, and other designated Facilities are properly permitted and in compliance with Applicable Law at all times during the Term. Contractor shall immediately inform City Manager in writing in the event of any non-compliance, and City, in its sole discretion, shall have the right to require the use of a different Disposal Site, 63 of 123 A-73 Designated Recycling Facility, Designated Organics Processing Facility, or other designated Facility, to be selected by Contractor. The City may also, in its sole discretion, require the use of a different site at any time during the Term if the Disposal Site, Designated Recycling Facility, Designated Organics Processing Facility, or other designated Facility is found to not be in compliance with the provisions of Sections 2.5 j), 2.5 k), 2.5 I) (as the case may be), and the City determines that the Disposal Site, Designated Recycling Facility, Designated Organics Processing Facility, or other designated Facility is not acceptable due to a failure to comply with the terms of this Agreement or a finding by State or federal regulatory agencies that it is not in compliance with Applicable Law, including the Environmental Laws, and is unable to accept City's Solid Waste, Recyclables, or Organics (as the case may be). Under no circumstances, however, shall a change in one or more of Disposal Site, Designated Recycling Facility, Designated Organics Processing Facility or other designated Facility pursuant to this Section provide a basis for an increase in the Rates. 4.10 Status of Disposal Site Any Disposal Site utilized by Contractor, shall be designed and constructed in accordance with 23 California Code of Regulations Section 2510 et seq. ("Subchapter 15"). Any such Disposal Site shall have been issued all permits from federal, state, regional, county and city agencies necessary for it to operate as a Class Ill Sanitary Landfill and is in full regulatory compliance with all such permits. 4.11 Dedicated Routes Solid Waste Collected in the City shall not be commingled in Collection Vehicles with Solid Waste from other jurisdictions unless and until Contractor has obtained written advance approval from the City as to the Contractor's method of tonnage allocation. 4.12 Border Street Routing The following streets bordering the City of Rolling Hills Estates shall be Collected on Wednesdays: Browndeer Lane, Elkridge Drive, Indian Valley Road, Quailwood Drive, Stonecrest Road, and Whitley Collins Drive. 4.13 Route Audit At City's request, but not more often than once every three years during the Term, Contractor shall conduct an audit of its Collection routes in the City at Contractor's expense. City may use information from the audit to develop a request for proposals for a new service provider. City may instruct Contractor when to conduct the audit in order for the results to be available for use in preparation of a request for proposals or for other City uses. City may also instruct Contractor to conduct an audit at a time that would produce the most accurate Customer service information for a new service provider to use in establishing service with Customers. City will establish the deadlines by which 64 of 123 A-74 Contractor will provide City with (A) routing and account information, and (B) the route audit summary report. The route audit, at minimum, shall consist of an independent physical observation by person(s) other than the route driver of each Customer in the City. This person(s) is to be approved in advance by City. The routing and account information shall include, as a minimum, the following information for each account: For Cart Customers: • Route Number; • Truck Number; • Number of Cart Customers • Number and size of Carts by waste stream (Refuse, Recycling, Organics) • Cart condition; For Bin Customers: • Route Number; • Truck Number; • Account Name; • Account Number; • Account Service Address; • Service Level per Contractor Billing system (Quantity, Size, Frequency); • Observed Containers (Quantity and Size); • Container condition; • Proper signage; and, • Graffiti. Within thirty (30) days after the completion of the route audit, Contractor shall submit to City a report summarizing the results of the audit The route audit summary report shall include: • Identification of the routes; • Route map; • Truck numbers; • Number of accounts, by route and in total (Cart and Bin); • Confirmation that all routes are dedicated exclusively to Customers in the City; • Number and type of exceptions observed; • Total monthly service charge (Cart and Bin), pre-audit 65of123 A-75 • Total monthly service charge (Cart and Bin), post-audit (subsequent to corrections of identified exceptions); and, The route audit summary report shall include a description of the procedures followed to complete the route audit. This description shall include the names and titles of those supervising the route audits and the name and titles of those performing the observations. Additionally, the report shall include a description of the pre-audit training of the route auditors, particularly if temporary personnel are used. The route audit summary report shall also include a description of the changes and Contractor's plans to resolve the exceptions. The results of the audit, and supporting back-up data, shall be available for review by City or its representative. 4.14 Routing Plan Approval Contractor's routing plan is subject to City approval and will limit cross-City traffic, traffic on major streets during rush hour, and avoid streets by schools at times when children are going to and coming from school. 4.15 Service Exceptions; Hazardous Waste Notifications A. Failure to Collect. When Solid Waste and/or Recyclables are not Collected from any Solid Waste and/or Recyclables service recipient, Contractor shall notify its service recipient in writing, at the time Collection is not made, through the use of a "red tag" or otherwise, of the reasons why the Collection was not made, pursuant to Section 4.3.4. B. Hazardous Waste Inspection and Reporting. Contractor reserves the right to inspect Solid Waste and Recyclables put out for Collection and to reject Solid Waste and Recyclables observed to be contaminated with Hazardous Waste and the right not to Collect Hazardous Waste put out with Solid Waste and/or Recyclables. Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control, Local Emergency Response Providers, and the National Response Center of reportable quantities of Hazardous Waste, found or observed in Solid Waste and Recyclables anywhere within the City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor will immediately notify City Manager or City Manager's designee. Contractor shall implement and maintain a training program that will assist its employees in identifying and properly disposing of any Hazardous Waste that may come into their possession. Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of Hazardous Waste found in Solid Waste 66 of 123 A-76 and Recyclables and which was inadvertently Collected from service recipients within the City, but diverted from landfilling. 4.16 Manual Backyard Refuse Collection Contractor shall Collect Refuse from Customer-provided Containers once per week from Single-Family Customers and Multi-Family Customers without Bin service in the areas depicted as Area C and Area Don the map in Exhibit 1. The Collection location for manual service shall be Customer's back or side yard, or other location that is not visible from the street. These Customers shall be "Manual Collection Customers." The number of Containers is not limited. Contractor may charge Customer for this service based on the rates in the Rate Schedule. 4.17 Portuguese Bend Beach Club Litter Containers Contractor shall Collect and Dispose of Solid Waste and Recyclables from litter containers placed at the beach property for no more than the maximum rate identified in the approved rate schedule. Under this EDCO Agreement, Contractor is required to provide this Collection service if requested, but does not have the exclusive right to provide this service, and the Portuguese Bend Beach Club may negotiate with other haulers for this service. Contractor may charge for this service based on the rates in the Rate Schedule. 4.18 Recyclables Collection for Manual Collection Customers At no additional cost to City or Customers, Contractor shall Collect Recyclables from Contractor-provided 32-gallon Containers with unattached lids and without wheels, placed at the same Collection location as Customer-provided Refuse Containers, once per week from Manual Collection Customers. Recyclables Collected shall be the same as those Collected from Cart Customers. Contractor shall provide a sufficient number of Containers to each Customer to meet each Customer's individual needs. 4.19 Organics Collection for Manual Collection Customers At no additional cost to City or Customers, Contractor shall Collect Organics from Contractor-provided 32-gallon wheeled Containers with unattached lids, as well as unlimited Green Waste tied and bundled as set forth in Section 4.4.1, placed at the same Collection location as Customer-provided Gray Containers, once per week from Manual Collection Customers. Contractor shall provide a sufficient number of Containers to each Customer to meet each Customer's individual needs. 67 of 123 A-77 5 Other Services 5.1 Customer Billing and Contractor Compensation 5.1.1 Cart Billing Contractor shall Bill Cart Customers on a quarterly basis during the first month of each quarter, with payment due no sooner than 45 days after the invoice date. Contractor shall Bill any one-time charges, such as extra Bulky Item or overage pickups. Contractor shall absorb any bad debt. If payment is not made by the due date, Contractor shall notify Customer in writing that the payment is late. If payment is not made within 30 days after due date, Contractor shall notify Customer that the invoice is over-due and that non-payment will result in suspended service and further collection action. If payment is not made within 15 days after this subsequent notice (a minimum of 90 days after initial Billing), Contractor may submit a list of overdue Customers to the City Manager and, with City Manager's advanced written approval, may suspend service and/or pursue collection remedies. This entire sequence of notifications must be followed by Contractor prior to suspending service or pursuing collection. City shall not lien property or assist in payment collection process. Billings shall include Contractor's telephone number for Billing and service inquiries. 5.1.2 Bin Billing Contactor shall Bill Bin Customers monthly at the beginning of the month, with payment due no sooner than 30 days after the invoice date. Contractor shall Bill any one-time charges, such as extra pickups or extra Bin cleanings. Contractor shall absorb any bad debt. If payment is not made within 15 days after the due date, Contractor shall notify Customer in writing that the payment is late. If payment is not made within 30 days after due date, Contractor shall notify Customer that the invoice is over-due and that non-payment will result in suspended service and further collection action. If payment is not made within 15 days after this subsequent notice, Contractor shall provide written notice to Customer that the Billing remains unpaid and that service will be suspended if payment is not received within 15 days (a minimum of 90 days from initial Billing). This entire sequence of notifications must be followed by Contractor prior to suspending service or pursuing collection. City shall not lien property or assist in payment collection process. Billings shall include Contractor's telephone number for Billing and service inquiries. 68 of 123 A-78 5.1.3 Compensation Entirely Through Approved Rates Contractor Compensation is exclusively derived from revenue received as a result of the Billings for services listed on the Rate Schedule, and Contractor shall charge no additional fees unless approved in advance by the City. 5.1.4 Discounts Contractor shall offer the following discounts to its Customers: 5.1.4.1 Senior Rate Reduction Monthly service rates for qualifying Senior Cart Customers, including Backyard Service and pup route surcharges, will be reduced by ten percent (10%). "Senior(s)" are defined as persons who are 65 years of age or older. To qualify for this reduced rate, the Senior must reside at the Premises, own or lease the Premises in his/her name, and the Bill must be in the Senior's name. Senior landlords are not entitled to the discount. Contractor may request Seniors to re-confirm their entitlement to this reduction no more than once per year, using an application form that must be approved in advance by City. 5.1.4.2 Pre-payment Discount Cart Customers that pay annually, at the beginning of the year for the full upcoming year's service, shall receive a five percent (5%) reduction in their rate. This reduction applies to the entire rate, including both pup route and Backyard Service surcharges. 5.1.4.3 Low-Income Rate Reduction Low-income Cart Customers may apply to receive a five percent (5%) reduction in service rates. The income threshold for determination of applicability of this reduction shall be based upon the low-income thresholds established for utilities under the California Alternate Rates for Energy (CARE) program. The Bill must be in the name of the party qualifying for this reduction. Contractor may request reduction recipients to re-confirm their entitlement to this reduction no more than once per year, using an application form that must be approved in advance by City. 5.1.4.4 Application of Rate Reductions and Discount Rate reductions under Sections 5.1.4.1, 5.1.4.2, and 5.1.4.3 are not exclusive and a Customer may receive all reductions, if applicable. The amount of each rate reduction shall be calculated on the full rate prior to application of any other reduction as shown in Table 1 on the following page. Reductions apply to the monthly rate, including both pup route and Backyard Service surcharges, but excluding extra Cart charges, bulky item charges or overage charges. 69 of 123 A-79 Table 1 -Application of Rate Reductions and Discount Total discount if also qualifies for: Base Plus Low Plus Low Discount Income or Income or Paid Senior Paid Senior Quarterly Discount Annually Discount Paid and Paid If a resident qualifies for: Quarterly Annually Sr. Citizen Discount 10% 15% 15% 20% Low-income Discount 5% 15% 10% 20% Contractor shall handle the administration of these rate reductions. In the event of dispute between Contractor and Customer as to the applicability of each rate reduction, the City Manager shall make the determination, which determination shall be final and binding. 5.1.5 Contractor's Invoices Bills must include a customer service telephone number, service description, including Container size, frequency of service, Backyard Service and/or Scout Vehicle service and period billed for. City must approve Contractor billings as to content and format of invoice. All bills must carry a due date, and shall not use the phrase "due upon receipt" Bills must use the rates as they appear on the Rate Schedule, and will not separately itemize City fees, surcharges, disposal components or other breakdown of rates without advance written approval from City. 5.1.6 Customer Credits If a missed pickup is not made within the time required per Section 4.6.2, Customer may request a credit. Credit will be in proportion to the amount of service missed versus the total amount of service scheduled for the Billing period. 5.1.7 Customer Billing Adjustments Should Contractor determine that Contractor has underbilled a Customer, or Customers, Contractor may back-Bill for no more than six months. Amounts overbilled to Customers shall be refunded upon discovery and such refunds are not limited by time. 5.1.8 Exemption From Service Customers may request that service be suspended for a period of no less than 2 months, provided that the entire residence wi!! be uninhabitable for that period, that Containers will not be placed for Collection, and that gardeners will not use the Organics Containers during that period. 70 of 123 A-80 Customers may request that service be suspended for a period of no less than six months for a long-term vacation, provided that Containers will not be placed for Collection, and that gardeners will not use the Organics Containers during that period. Contractor may request proof of vacancy, such as suspended utility service or plane tickets. In the event of a dispute between Customer and Contractor as to whether a Customer warrants a voluntary suspension of service, City shall make the determination, which determination shall be final and binding. Contractor shall be permitted to charge a restart fee to resume service after a service suspension in accordance with the approved rate schedule and shall notify Customers requesting a suspension of this fee at the time of suspension request. 5.1.9 Late Payments Contractor may charge interest on outstanding balances of no more than 1.5% per month beginning no sooner than 90 days after the date of the invoice. Contractor may charge a maximum of $20.00 per check fee for checks returned for lack of sufficient funds. In no event may Contractor charge an interest rate or a check fee in excess of that permitted by State or Federal law. 5.1.10 Electronic Billing and Payment Contractor shall offer electronic invoice payment to Customers at no additional charge. 5.2 Customer Service 5.2.1 Local Office Contractor shall maintain an office, which shall be open ("Office Hours"), at a minimum, from 8:00 AM. to 5:00 P.M., Monday through Friday, exclusive of holidays. Contractor shall also provide a telephone number for service calls. The telephone number shall be a toll-free number from all portions of the City. The telephone number shall be listed in the phone director(ies) distributed to the City in the firm name by which the Contractor conducts business in the City. Contractor shall be available to take live service calls at this telephone number between 8:00 AM. and 5:00 P.M. on Monday through Friday, and between 8:00 AM. and 12:00 P.M. on Saturday ("Telephone Service Hours"). Contractor's telephone system shall be adequate to handle the volume of calls typically experienced on the busiest days. If City receives more than five (5) complaints in any thirty (30) day period that Customers are unable to contact Contractor by phone, City may require Contractor to increase capacity. Contractor shall have either a representative, a message machine, or an answering service available outside of Telephone Service Hours. Calls received outside of Telephone Service Hours shall be responded to on the next Working Day. Contractor's route supervisor shall remain accessible by phone during Collection hours. The Contractor shall provide City with an emergency phone number 71 of123 A-81 where the Contractor can be reached outside of the required Office Hours. A live person, not voice-mail, shall be available at that number at all times, twenty-four hours per day. 5.2.2 Complaint Documentation Service complaints received by City will be directed to Contractor. Contractor shall keep daily logs of complaints forwarded to it for a minimum of three (3) years. Contractor shall log all complaints received, including the date and time the complaint was received, the name, address and telephone number of the caller/complainant, a description of the complaint, the name of the employee recording the complaint and the action taken by Contractor to respond to and remedy the complaint. Log shall also include each instance that Solid Waste and/or Recyclables are not Collected and the form of notification used to inform the participants of the reasons of non-Collection and the end result or means of resolution of the incident. All written Customer complaints and inquiries shall be date-stamped when received. All complaints, both oral and written, shall be initially responded to within one (1) Working Day of receipt Contractor shall use best efforts to resolve complaints within two (2) Working Days. Contractor shall log action taken by Contractor to respond to and remedy the complaint. All Customer service records and logs kept by Contractor shall be available to City upon request. City shall, at any time during regular Office Hours, have access to Contractor's Customer service department for purposes that may include monitoring the quality of Customer service or researching Customer complaints. 5.2.3 Resolution of Customer Complaints Should Contractor and Customers not be able to resolve a complaint, not be able to establish a mutually acceptable fee to be charged for services not included on the Rate Schedule, or otherwise disagree, the matter shall be determined by City, and City's decision shall be final. Intervention by City is not a condition precedent to any rights or remedies third parties might otherwise have in any dispute with Contractor. Nothing in this section is intended to affect the remedies of third parties against Contractor. 5.2.4 Service Liaison Contractor shall designate in writing a field supervisor as "Service Liaison" who shall be responsible for working with City and/or City's designated representative(s) to resolve Customer service-related complaints. City shall have the right to approve the Contractor's choice for a liaison. City shall be notified in advance of any change in Service Liaison. Service Liaison shall be accessible to the City daily by phone or in person. 72 of 123 A-82 5.3 Public Education and Outreach -Initial and Ongoing 5.3.1 General Contractor acknowledges and agrees that education and public awareness are critical, key and essential elements of any efforts to achieve the requirements of AB 939, AB 341, AB 1826, and SB 1383. Accordingly, Contractor agrees to take direction from City to exploit opportunities to expand public and Customer knowledge concerning needs and methods to reduce, reuse and Recycle Solid Waste and to cooperate fully with City in this regard. Contractor shall maintain its own program of providing information relevant to needs and methods to reduce, reuse and Recycle Solid Waste, including materials for inclusion with its Bills. All public education materials shall be approved in advance by City prior to reproduction and distribution. 5.3.2 Education and Outreach -Initial Rollout of Organics Collection Contractor shall undertake a specific initial public education and outreach campaign to facilitate the rollout of the Organics Collection Program. This campaign shall, at a minimum, consist of the tasks and activities outlined in this Section, and be undertaken in conjunction with the Implementation Plan outlined in Exhibit 2. • Two Direct Mail Pieces -Contractor shall prepare and send two distinct direct mail pieces to all residential homes identifying program parameters. • Billing Insert-If the City billing allows, Contractor shall prepare and furnish a billing insert with a program overview at program launch. • Email Notifications -Contractor shall notify For Customers with registered email addresses through the Contractor website, Contractor shall notify customers about the program as well as send other essential service notifications. • Community Meetings -Contractor shall host community meetings in advance of program implementation to stimulate awareness. The number of community meetings shall be determined at the direction of the City. • Web Page Information -Contractor shall update the green waste page on the dedicated Rancho Palos Verdes section of the Contractor's web site to explain the commingled organics program parameters as well as the provide the ability to order Kitchen Caddies. • Follow-Up Postcards -After program implementation, Contractor shall mail a follow-up postcard to all Single-family Customers to solicit feedback, and any answer any additional questions. 73 of 123 A-83 • Environmental Times Newsletter -Contractor shall prepare and distribute The Environmental Times newsletter to provide sustainable education, and outline program parameters. • Videos -Contractor shall provide two videos that will be available on the Contractor web site. One for the program overview, and another on how to participate. • Upon request, Contractor shall provide free educational presentations to multi-family complexes, community organizations, and neighborhood groups. Presentations shall focus on reducing, reusing and recycling. During the presentations, Contractor shall distribute brochures, posters, and other promotional and educational materials. • Contractor shall develop focused bilingual education pieces for groundskeepers and custodial staff for use in ongoing education presentations. 5.3.3 Education and Outreach -On-going After the rollout of the Organics Collection Program, and for the remaining Term of this Agreement, Contractor shall undertake an ongoing campaign of public education and awareness. Prior to January 31st of each year during the Term, Contractor shall submit to the City a Public Education Plan. At a minimum, the Plan shall address all the items outlined in this Section. The City shall review, provide feedback, and approve the Plan within sixty (60) days. Upon approval by City, Contractor shall implement the Public Education Plan. • Instructional "How-to" Packets -An information packet shall be provided to each new Customer throughout this Agreement term. This packet shall: describe available services, including available Recycling and Diversion programs; provide instructions for proper use of the Carts and Bins provided (such as how to place Carts or other permitted items for Collection, the types of materials to be placed in each Cart); detail holiday Collection schedules; and provide Billing and Customer service telephone numbers. This packet shall contain updated information on how to use Containers, when, where and how to place materials for Collection, and who to contact with service or Billing questions, and for Bulky Item pickups. The packet shall also clearly indicate what materials, such as syringes and other Sharps, and other Household Hazardous Wastes (HHW), should not be disposed of in Containers. This packet shall include instructions on how Customers should dispose of HHW, such as information on the HHW drop-off facilities and other available programs. When new Customers contact Contractor to start service, Contractor shall provide new Customers with the option of receiving this new Customer "How-to" packet through electronic mail. · 74 of 123 A-84 • Container Labels and Hot Stamps -All Containers shall have stickers/labels and hot stamps to provide Customers with information about what materials may be placed in which Containers. • Billing Inserts -City may require Contractor to insert notices in Contractor's Billings four (4) times per year for each Customer type, Cart and Bin. Notices will be prepared and delivered to Contractor for insertion. Additionally, City may periodically request that Contractor include informative language directly on the invoices it sends. • Annual Brochures/Mailings -Not less than once per year during each Rate Year, Contractor shall prepare and distribute to each Customer a mailing to update Customers regarding program basics, program changes, holiday schedules and other service-related information. Mailings should promote and explain: all Solid Waste and Recyclables programs offered by City and Contractor (such as Recycling, Organics, Holiday Tree and Bulky Item Collections) described in detail; the environmental, regulatory, and other benefits of participating in Recycling; how to properly dispose of Household Hazardous Waste such as syringes, paint, etc.; Collection schedules, including holiday schedules; Customers service numbers; and the procedures to begin and terminate services. This brochure shall be at least four (4) pages, and printed in full color. Contractor is responsible for all associated costs. • Corrective Action Notice -Contractor shall develop a corrective action notification form for use in instances where a Customer sets out inappropriate materials for Collection, that explains the appropriate manner for Disposal of such items. • Bi-annual Direct Mailed Letters for Non-Compliant Generators -Contractor shall prepare and mail notification letters to all non-compliant Multi-family Customers. • Website -Contractor shall develop and maintain a website to enable Customers to contact Contractor and to display holiday schedules, proper HHW disposal procedures, which materials are to be placed in Recyclables Containers and other useful information. Contractor's website will provide Customers the means of entering their address to easily determine what their new Collection day will be. • Newsletter -Contractor shall produce and distribute a localized edition of Contractor's quarterly "Environmental Times" to Customers. Customers that sign up for electronic Bill payment shall receive this newsletter by electronic mail. 5.3.4 Contractor Representative Contractor shall retain on its staff an individual who shall, as part of his or her job function, routinely visit civic groups, school assemblies, homeowners' associations, Multi-family 75 of 123 A-85 complexes and businesses, to promote and explain the Recycling and other programs Contractor offers, and participate in demonstrations, and civic events. 5.3.5 Community Events At the direction of City, Contractor shall participate in and promote Recycling and other Diversion techniques at community events and local activities. Such participation would normally include providing, without cost, Collection and educational and publicity information promoting the goals of City's Solid Waste and Recyclables program. 5.4 Technical Assistance Program 5.4.1 Site Visits and Waste Assessments No later than two weeks after the Effective Date, Contractor will provide an outreach and technical assistance plan to the City for approval identifying the site visit schedule for which to send a Contractor representative to visit each Multi-Family Bin Customer's Premises for the purpose of assessing how much Recyclable Material and Organics is being disposed; assessing the Recyclables and Organics Collection Service Levels needed to meet the requirements of SB 1383 Regulations; and encouraging all Customers to establish Recyclables and Organic Materials collection service at least four weeks prior to July 1, 2022 when mandatory service is required. Contractor shall also notify Customers of opportunities to reduce costs by subscribing to Recyclables and Organic Collection service, and reducing Gray Container Waste/Mixed Waste Collection service. Contractor shall contact Multi-Family and Commercial Customers and provide site visits according to the City-approved schedule. Contractor will also provide a site visit to any Multi-Family or Commercial Customer that requests a site visit, even if it is ahead of schedule. Beginning July 1, 2022 and annually thereafter, Contractor representative shall follow up with Multi-Family Customers who are required to participate in Recyclables and Organics Collection service under applicable law, including but not limited to AB 341, AB 1826, and SB 1383 and corresponding regulations. The Contractor shall ensure that these Customers are participating in the Recyclables and Organics Collection Service. If the Customer is not in compliance or not participating, the Contractor representative shall assist the Customers with selecting appropriate Containers and Container sizing, identify acceptable Solid Waste Collection services as set forth in the Agreement, and attempt to resolve any logistical barriers to providing Recyclables and Organics Collection service. Contractor shall provide ongoing, on-site training for Customers' staff, including, but not limited to: management, kitchen staff, service employees, and janitorial staff; and Multi- Family Customers' staff, including but not limited to: the property manager, janitorial staff, maintenance, and any other on-site staff members or contractors that handle Solid Waste. For each on-site waste assessment conducted by Contractor, Contractor shall include documentation of the items listed below. The City reserves the right to receive Contractor's documentation of additional information, and shall authorize the format for required information. 76 of 123 A-86 a. Pictures of material in all Containers; b. Characteristics of the property, business, and Customer type; c. Written recommendations for the appropriate Service Level for each material type; d. Provision of outreach and education materials appropriate to the Customer type; e. Determination of signage placement; f. Determination of any on-going training needs; g. Determination of any access needs; h. Documentation of any special service needs (such as, but not limited to, seasonal Collection service, automated on-call Compactor, etc.); and, i. Documentation of records of communications with the Customer. 5.5 Customer Waiver Program Coordination The City has the authority to grant to individual Customers waivers from the requirement to subscribe to Recyclables and Organic Waste Collection service. These waivers may be granted for de minimis generation, lack of space, or every other week service. The City cannot be delegated to a private entity (e.g., Contractor) the authority to grant these waivers. Contractor shall advise the City in determining which Customers shall qualify for a waiver. 5.5.1 Contractor Waiver Request on Behalf of Customer Upon reasonable belief that a Customer may qualify for a de minim is, physical space, or Collection frequency waiver, the Contractor may submit a request to the City to grant a waiver to the Customer, provided that adequate evidence of the de minimis, physical space, or Collection frequency waiver requirements specified in 14 CCR Section 18984.11 is included with the request. The City shall review and approve or deny the waiver request. Contractor's request for consideration of a waiver shall include the Customer's name and address, type of Commercial Customer, or number of multi-Family units if Customer is a Multi-Family Premises, reasons Customer may be eligible for the waiver, and evidence such as, but not limited to: Service Level data, photo documentation, weight records, and technical assistance assessment results. 5.5.2 Waiver Reverification It shall be the responsibility of the Contractor to verify that the Customers with de minim is, physical space constraint, or Collection frequency waivers continue to meet the waiver requirements set forth in this Section. Contractor shall conduct such reverifications of waivers through inspection of each Customer's Premises and review of applicable 77 of 123 A-87 records at least once every five (5) years for de minimis and physical space constraint waivers. The Contractor shall maintain a record of each waiver verification and provide a monthly report to the City documenting the waiver reverifications performed and recommendations to the City on those waivers that Contractor concludes are no longer warranted. The City shall make a final determination of the waiver eligibility of Customers. 5.5.3 Contractor Recordkeeping of Customer Granted Waivers Upon Contractor request, no more than four (4) times per year, the City shall provide Contractor an updated listing of waivers approved by the City, including the Customers' names, mailing address, service address, and type of waiver. Contractor shall maintain waiver-related records and report on waiver verifications. 5.6 Inspection and Enforcement 5.6.1 General During the Term, Contractor shall perform a an annual compliance review for each Multi- family Customer as described in this Section. 5.6.2 Commercial Customer Compliance Reviews The Contractor shall complete a compliance review of all Multi-Family and Commercial Customers that generate two (2) cubic yards or more per week of Solid Waste, including Organic Waste, to determine their compliance with: (i) Customer requirements under the City's Solid Waste Collection program; and, (ii) if applicable for the Customer, Self- Hauling requirements pursuant to 14 CCR Section 18988.3 and the Municipal Code, including whether a Multi-Family or Commercial Business is complying through Back- Hauling Source Separated Recycled and Organics Materials Source Separated Organic Materials. The compliance review may mean a 'desk' review of records to determine Customers' compliance with the above requirements and does not necessarily require on-site observation of service; however, the City may require that the Contractor perform an on-site observation of service in addition to or in lieu of the desk review if needed to obtain the required information. 5.6.3 Number of Reviews The Contractor shall conduct enough compliance reviews, Hauler Route reviews, and inspections of Customers, to adequately determine the Customers' overall compliance with SB 1383 Regulations, AB 1826, AB 341, and the Municipal Code. The number of reviews shall be no less than one (1) per year. The City reserves the right to require additional inspections, if the City determines in its sole discretion that the number of inspections conducted by the Contractor is insufficient. The City may require the Contractor to prioritize inspections of entities that the City determines are more likely to be out of compliance. 78 of 123 A-88 5.6.4 Non-Compliant Entities From July 1, 2022 through June 30, 2023, Contractor shall provide educational materials in response to non-compliant Customers. Contractor shall provide these educational materials to the non-compliant Customers within thirty (30) days of determination of non- compliance or immediately upon determination of non-compliance if such non- compliance is determined during an inspection or a Route review. Contractor shall document the non-compliant Customers and the date and type of education materials provided, and shall report such information to the City. Beginning January 1, 2024, the Contractor shall, in addition to providing the education materials described in this subsection, document non-compliant Customers and Customers determined through Contractor's compliance reviews pursuant to Section 5.6.2 and shall report all Customers and Customers with violations of SB 1383 Regulations to the City. The City shall be responsible for subsequent enforcement action against the Customers. 5.6.5 Documentation of Inspection Actions The Contractor shall generate a written and/or electronic record and maintain documentation for each inspection, and compliance review conducted and shall provide copies to the City on request. 5.7 Procurement of Products with Recycled and Organics Contents The Contractor shall comply with the purchasing and recordkeeping requirements described in this Section. 5. 7 .1 Recycled-Content Paper. The Contractor shall procure Paper Products and Printing and Writing Paper for invoices, billing statements and inserts, reports, and public education materials, consistent with the requirements of the Public Contract Code (PCC) Sections 22150 through 22154. Additionally, Paper Products and Printing and Writing Paper procured by the Contractor shall be eligible to be labeled with an unqualified recyclable label, as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013). Contractor shall state on all materials prepared with post-consumer recycled content the following: 'Printed on Recycled Paper.' In accordance with 14 CCR Section 18993.3(c), the Contractor shall require all businesses from whom it purchases Paper Products and Printing and Writing Paper to certify in writing: • The minimum percentage, if not the exact percentage, of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the Contractor. The certification shall be furnished under penalty of perjury in a form and manner determined by the Contractor and approved by the City. The City may waive the certification requirement if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website; and, 79 of 123 A-89 • That the Paper Products and Printing and Writing Paper offered or sold to the Contractor are eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12 (2013). 5. 7 .2 Provision of Mulch Upon City request, Contractor shall procure and provide on the City's behalf up to five hundred (500) cubic yards per calendar year of bulk Mulch derived from recovered Organic Waste for use in City parks and facilities. Contractor shall provide an additional five hundred (500) cubic yards per calendar year of bulk Mulch for distribution to City residents. Contractor shall deliver Mulch in rolloff boxes or via dump truck within thirty (30) calendar days of request to the Silo Yard, or any accessible location within the City limits. Upon request, Contractor shall provide the City with Mulch lab results and specifications. All Mulch provided by Contractor must meet or exceed State requirements for Mulch quality, including those standards regarding Mulch maturity, reduction of pathogens, elimination of weed seeds, and concentrations of physical contaminants such as glass, plastic, metal, and other Non-Organic Recyclables. All Mulch provided by Contractor must be suitable for use in landscaping, parks, sports fields, and community gardens, and must be suitable for distribution to the general public. 5. 7 .3 Renewable Natural Gas If requested by City, Contractor shall provide the name, location, and contact information of each entity, operation, or Facility from whom the Contractor procured Renewable Natural Gas (RNG). If requested by City, Contractor shall provide the total amount of RNG procured by the Contractor for use in Contractor vehicles in the City of Rancho Palos Verdes, in diesel gallon equivalents (OGE), including copies of any receipts, invoices, or other similar documentation. 5.7.4 Recordkeeping Requirements Contractor shall maintain records that demonstrate ongoing compliance with these requirements, including, but not limited to, copies of receipts, invoices, or other proof of purchase that describe the products purchased, by volume and type for all products specified in this section; and copies of certifications or other verifications required by this Agreement. Contractor shall submit these records, upon the City request. 5.8 Waste Generation/Characterization Studies Contractor acknowledges that City must perform Solid Waste and Recyclables generation and Disposal characterization studies periodically to comply with the requirements of AB 939. Contractor agrees to participate and cooperate with City and its agents and to accomplish studies and data collection and prepare reports, as needed and directed by City, to determine weights and volumes of Solid Waste and Recyclables Collected and 80 of 123 A-90 characterize Solid Waste and Recyclables generated, disposed, transformed, diverted or otherwise handled/processed, by Customer type (Cart, Bin), to satisfy the requirements of AB 939. Contractor will at its sole expense conduct such a waste generation and characterization study upon request of City, but not more than once every two years. 81 of 123 A-91 6 Contractor Compensation and Rates 6.1 General The maximum rates set forth in Exhibit 3, and as more fully defined as Contractor Compensation in this Article, shall be the maximum amount Contractor may charge Customers as full, entire and complete compensation due pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit, overhead, Disposal, transfer, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed, subject to the substantive and procedural requirements of Proposition 218 (the "Maximum Rate Schedule"). Contractor shall impose no other charges for services provided to Customers unless and until such additional fees or compensation have been duly noticed and subjected to a public hearing process in accordance with Proposition 218. Contractor shall not charge for Collection at Premises owned and/or operated by the City now and in the future. 6.2 Schedule of Future Adjustments; Automatic Adjustments; Prop 218 Beginning with the Rate Year starting July 1, 2023 and for all subsequent Rate Years during the Term, Contractor may request an annual adjustment to the Maximum Rate Schedule shown in Exhibit 3, subject to meeting the requirements of Proposition 218. The Contractor shall submit its request in writing, to be received by City in Person or via certified mail or by other means approved by the City, by the preceding March 30, and shall be based on the method of adjustment described in Section 6.3. Failure to submit a written request by March 30 shall result in Contractor waiving the right to request such an increase to the Maximum Rate Schedule for the subsequent Rate Year. Missed rate adjustments may not be added to rate adjustment applications in ensuing years. Further adjustments and/or increases to the Maximum Rate Schedule are strictly subject to the assent of the City and compliance with Proposition 218. The City intends to comply with all Applicable Laws, including without limitation Proposition 218, concerning the setting of adjustments to the Maximum Rate Schedule under this Agreement. • Notice of Increases. Contractor 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 the Contractor's publicly-accessible website and shall also be included in those billing invoices mailed out at a time, and in conformance with, Government Code § 53756. • No-Waiver of City Discretion. 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- 82 of 123 A-92 length negotiations and upon advice of counsel, for the dual purposes of safeguarding public health and facilitating the performance of obligations undertaken by Contractor 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 that 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. In no case will City's failure to approve any specific Maximum Rate Schedule adjustment be a default hereunder, and City bears no liability to Contractor for any damages suffered by Contractor as a result of the failure to pass new Maximum Rate Schedules or adjustments thereto. Accordingly, the City Council is completely free within its police powers to exercise its discretion in considering such matters, and the City has not contracted away any of its police powers or duties to protect the public health, safety or general welfare of its citizens pursuant to State and Federal law. 6.3 Method of Inflationary Adjustments Contractor's rates in Exhibit 3, or those in effect at the time, shall be adjusted at the same rate as the annual change in the Consumer Price Index for All Urban Consumers (CPI- U): U. S. city average, (seasonally adjusted) for the Garbage and Trash Collection detailed expenditure category (Mnemonic: XCPIUEHG02.IUSA). However, such inflationary adjustments shall only apply "automatically" to the extent permitted by Government Code § 53756 and properly noticed pursuant to such statute. In determining the annual change in the CPI, Contractor shall compare the change in the index for the twelve months ending in the December that immediately precedes the planned July 1 rate adjustment effective date. For each adjustment, the ending index value from the previous year's adjustment shall be used as the beginning index value for the current year's adjustment calculation. 6.4 Maximum Allowable Rate Year Adjustment In any Rate Year, the annual rate adjustment may not exceed six percent (6%). If a proposed adjustment to the Maximum Rate Schedule in any one year exceeds six percent (6%), the portion of the adjustment that is disallowed may be added to any subsequent Rate Year's adjustment to the extent that a subsequent adjustment remains below six percent (6%). New or increased Federal, State or locally imposed per ton disposal fee surcharges are excluded from the six percent (6%) per year rate adjustment cap. 6.5 Extraordinary Adjustments Subject to meeting the substantive and procedural requirements of Proposition 218, Contractor may request in writing an adjustment to the Maximum Rate Schedule other than that allowed under Section 6.3 in the event of extraordinary (i.e., non-inflationary) changes in the cost of providing service under this Agreement. Contractor may submit such a request not more frequently than once every twelve (12) months. Such changes shall not include changes in tipping fees for Refuse Disposal, Recyclable Material, Green 83of123 A-93 Waste or Organics processing costs, changes in the market value of Recyclables', changes in the cost of organics processing or land application, inaccurate estimates by the Contractor of its proposed cost of operations, unionization of Contractor's work force, change in wage rates or employee benefits, or the inability of the Contractor to dispose of any or all Solid Waste at a selected landfill, including due to closure of a Disposal Site. The only exception that would permit an extraordinary adjustment based upon changes to the Refuse Disposal gate rate would be an increase in a direct per ton surcharge assessed at the Disposal Site by federal, state or local regulatory agencies after the Effective Date. Contractor is expected to comply with SCAQMD Rule 1193, and the Air Resource Board's emission standards as they may be approved for Refuse removal vehicles, as well as other Federal, State and local laws and regulations that may be enacted during the Term, with no additional compensation. Extraordinary rate adjustments shall only be effective after approval by City Council. For each request for an adjustment to the Maximum Rate Schedule that Contractor may charge Customers brought pursuant to this section, Contractor shall prepare a schedule documenting the extraordinary costs and how such costs are proportionally and actually reflected in the Maximum Rate Schedule proposal. Such request shall be prepared in a form acceptable to City with support for assumptions made by Contractor in preparing the estimate. Contractor shall also submit a schedule showing how its total costs and total revenues have changed over the past three (3) years for the services provided under this Agreement. City shall review the Contractor's request and, in City's sole judgment and absolute, unfettered discretion, make the final determination as to whether an adjustment to the Maximum Rate Schedule will be made, and, if an adjustment is permitted following Proposition 218 procedural compliance, the appropriate amount of the adjustment. City may consider increases or decreases in the Contractor's total revenues and total cost of services when reviewing an extraordinary rate adjustment request. 6.6 Brush Clearing Tonnage Threshold Adjustment Customer rates are assumed to include the cost of processing up to 100 tons of brush (the "threshold") Collected per Section 4.4.5 per calendar year. In the event that the number of tons Collected during these brush clearing events in any one calendar year exceeds this 100 ton threshold, the threshold for subsequent calendar years will be set at this higher amount. The rate adjustment effective the July 1 following the calendar year in which the threshold was exceeded will include the annual cost to process the number of brush tons by which the threshold was exceeded, as follows: (new tonnage threshold -old tonnage threshold) x per ton brush processing rate(1) = Y Y + Current annual rate revenue = % increase to the annual rate adjustment(2 ) (1) The per ton brush processing rate per ton shall be $95.00 for rate adjustments based upon calendar year 2021 tonnage, and increased by CPI index in Section 6.3, and annually thereafter. 84 of 123 A-94 (2) As calculated in Section 6.4 above. Rate adjustments will only be made in this manner and apply to subsequent years; no adjustments shall be made for the actual year in which the threshold was exceeded. The threshold for subsequent calendar years and, if applicable, subsequent rate adjustments shall be the new, higher tonnage volume upon which the rate adjustment was based. This rate adjustment may be carried out at least three decimal points (to one-tenth of one percent). 6.7 Supporting Information Any request for an adjustment to the maximum rates made pursuant to Section 6.5 shall be accompanied by a copy of Contractor's certified annual financial statements prepared by a Certified Public Accountant, which shall have been prepared in compliance with Rule 58 of the "Rules and Regulations of the State Board of Accountancy," as established by the California Code of Regulations, Title 16, Chapter I. Such Certified Public Accountant shall be entirely independent of the Contractor and shall have no financial interest whatsoever in the business of Contractor. City may specify the form and detail of the financial statements. 6.8 Potential Future Organics Facility on Palos Verdes Peninsula If requested by City, Contractor shall work cooperatively with City and other local agencies to explore the feasibility of siting an Organics Processing Facility on the Palos Verdes Peninsula. In the event that an Organics Processing Facility is sited and becomes operational on the Palos Verdes Peninsula, Contractor shall reduce its customer rates to reflect the cost savings resulting from: a) decreased operating costs resulting from reduced vehicle travel time to the more proximate organics processing facility on the Palos Verdes Peninsula, and, b) reduced tipping fees at the organics processing facility on the Palos Verdes Peninsula. 85 of 123 A-95 7 Review Of Services and Performance 7.1 Performance Review Meeting City may hold a meeting or a public hearing annually to review Contractor's Solid Waste and Recyclables Collection efforts, source reduction, processing and other Diversion services and overall performance under this Agreement (the "Solid Waste Services and Performance Review Meeting"). The purpose of the Solid Waste Services and Performance Review Meeting is to provide for a discussion and review of technological, economic, and regulatory changes in Collection, source reduction, Recycling, processing and Disposal to achieve a continuing, advanced Solid Waste and Recyclables Collection, source reduction and Recycling and Disposal system; and to ensure services are being provided by Contractor with adequate quality, effectiveness and economy, and in full compliance with the terms of this Agreement. Topics for discussion and review at the Solid Waste Services and Performance Review Meeting shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, Customer complaints, amendments to this Agreement, developments in the law, new initiatives for meeting or exceeding the' goals of AB 939, AB 341, AB 1826, and SB 1383, regulatory constraints, results of route audits, and Contractor performance. City and Contractor may each select additional topics for discussion at any Solid Waste Services and Performance Review Meeting. City shall notify Contractor of its intent to hold a Solid Waste Services and Performance Review Meeting at least sixty (60) days in advance. Thirty (30) days after receiving notice from City of a Solid Waste Services and Performance Review Meeting, Contractor shall submit a report to City which may contain such information as it wishes to have considered, and shall contain the following: a) Current Diversion rates and a report on Contractor's outreach activities for the past year. b) Recommended changes and/or new services to improve City's ability to meet the goals of AB 939, AB 341, AB 1826, and SB 1383 and to contain costs and minimize impacts on rates. A specific plan for compliance shall be included. c) Any specific plans for provision for new or changed services by Contractor. d) Reports on Customer complaints. The reports required by this Agreement regarding Customer complaints shall be used as one basis for review of Contractor's performance, and Contractor may submit other relevant performance information and reports for consideration at the Solid Waste Services and Performance Review Meeting. In addition to the above, City may request Contractor to submit any other specific information relating to its performance for consideration at the Solid Waste Services and Performance Review Meeting, and any Customer may submit comments or complaints during or before the Meeting, either orally or in writing. Contractor shall be present at and participate in the Solid Waste Services and Performance Review Meeting. 86of123 A-96 As a result of its findings following any Solid Waste Services and Performance Review Meeting, City may require Contractor to provide expanded or new services within a reasonable time and City may direct or take corrective actions for any performance inadequacies (although nothing contained in this provision should be construed as requiring City to hold a Solid Waste Services and Performance Review Meeting in order to enforce any rights or remedies it has pursuant to the terms of this Agreement.) Should City require expanded or new services as a remedy for Contractor's failure to perform its obligations hereunder, no additional compensation shall be due for such services. Otherwise, any new or expanded services required of Contractor shall be subject to the provisions of Section 2.9. 87 of 123 A-97 8 Records, Reports and Information Requirements 8.1 General Contractor shall maintain such accounting, statistical and other records related to its performance under this Agreement as shall be necessary to develop the financial statements and other reports required by this Agreement. Also, Contractor agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with Applicable Laws and regulations and to meet the reporting and Solid Waste and Recyclables program management needs of City. To this extent, such requirements set out in this Agreement shall not be considered limiting or necessarily complete. In particular, this Article is intended to only highlight the general nature of records and reports and is not meant to exactly or comprehensively define the scope and content of the records and reports. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Contractor in accordance with this Agreement shall be adjusted in number, format, or frequency. Contractor shall maintain all records necessary to allow the City to determine Contractor's compliance with the terms of this Agreement and compliance with the performance standards presented in this Agreement. The records shall be maintained in a manner that allows for easy verification of Contractor's performance. 8.2 Records 8.2.1 General Contractor shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City in the conduct of City business. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained data/records shall be protected, backed up and stored at a separate site from the original data. All records shall be maintained for five (5) years, and shall continue to be available for five (5) years after the expiration of this Agreement, unless a shorter retention period is specifically provided in this Agreement (e.g., Section 5.2.2 "Complaint Documentation"). After minimum holding periods are met, Contractor will notify City 90 days before destroying records. Contractor agrees that the records of any and all companies conducting operations addressed in this Agreement shall be provided or made available to City and its official representatives during normal business hours. Account histories shall be accessible to the City by computer for a minimum of five (5) years. City may review or utilize any of the records described in this section for any purpose whatsoever. Such records include, but are not limited to, financial, Solid Waste and Recyclables, CERCLA and Disposal records. 88 of 123 A-98 8.2.2 Financial Records Contractor shall maintain financial records relating to its operations pursuant to this Agreement separate and segregated from such records relating to its other operations. Contractor shall maintain at least the following records: • Audited financial statements for Contractor; • Financial statements of revenue and expense for this Agreement segregated from the other operations of Contractor including a description of segregation methodology (City may require this information to be at least complied if requested under Section 6.7 or Section 8.3.5); and, • Complete descriptions of related party transactions (corporate and/or regional management fees, inter-company profits from transfer, processing or Disposal operations). 8.2.3 Solid Waste and Recyclables Records Contractor shall maintain and make available to the City upon request the following records relating to its operations pursuant to this Agreement. a) Customer services and Billing/Service payment records; b) Records of tons Collected, processed, diverted and disposed by waste stream (Refuse, Recycling, Organics), by Customer type (Cart, Bin), and the Facilities (Transfer Station, MRF, Transformation Facility or landfill) where such material was taken; c) Quantity of Recyclables recovered by material type, as well as quantity of material diverted from landfills in compliance with AB 939, AB 341, AB 1826, and SB 1383; d) Bulky Item results and Special Event tonnages, including tons disposed and diverted; e) Routes; f) Facilities, equipment and personnel used; g) Facilities and equipment operations, maintenance and repair; h) Number and type of Refuse, Recycling and Organics Containers in service; 89 of 123 A-99 i)Complaints; and, j)Missed pickups. 8.2.4 CERCLA Defense Records City views the ability to defend against actions arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and related litigation as a matter of great importance. For this reason, City regards the ability to prove where Solid Waste Collected in Rancho Palos Verdes was taken for Disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems which can establish where Solid Waste Collected in the City was landfilled (and therefore establish where it was not landfilled), as well as where Recyclables and Organics Collected in the City were taken for processing and where any residual Refuse was taken for Disposal, for not less than five (5) years following the termination of this Agreement, and agrees to notify City's Risk Administrator and City Attorney at least ninety (90) days before destroying such records thereafter. At any time, including after the expiration of the Term of this Agreement, Contractor shall provide copies of such records to City within fifteen (15) days of City's request for such records. Records shall be in chronological and organized form and readily and easily interpreted. The requirements of this section shall survive the expiration of the Term. 8.2.5 Other Programs' Records Records for other programs shall be tailored to specific needs. In general, they shall include: 8.2.6 Audit a) Plans, tasks, and milestones; and, b) Accomplishments in terms such as dates, activities conducted, quantities of products used, produced or distributed, and numbers of participants and responses. City may conduct an audit of Contractor at any time. The scope of the audit, and auditing party, will be determined by City and the scope may include, but is not limited to, compliance with terms of this Agreement, Customer service levels and Buffing, fee payments, Gross Receipts, tonnage, and verification of Diversion rate. The first audit, to be performed during 2024, will be based on the Contractor's reports and records from July 1 2022 through calendar year 2023. Audits will be performed every third year thereafter, (e.g., the audit performed during 2026 will be based upon revenue from calendar years 2024 and 2025). Contractor will reimburse the City the cost of such audits (including audits conducted by City staff) up to $75,000 for the first audit, and $35,000 for each subsequent audit in 2022 dollars. The $35,000 amount shall be increased annually by the change in CPI using the formula for the change in the service component of the 90 of 123 A-100 rates in Section 6.3. Costs incurred by Contractor for conducting its own route audits, as required under this Agreement, are not included as part of this audit cost. Should an audit conducted or authorized by the City disclose that fees payable by Contractor were underpaid by two percent (2%) or more, that tonnage was misreported by 2% or more, or that more than two percent (2%) of the Customers were inaccurately billed based on the auditor's sampling, for the period under review, City may expand the scope of the audit and also recover additional audit costs from the Contractor. 8.2. 7 Payments and Refunds Should an audit disclose that fees payable by the Contractor were underpaid or that Customers were overcharged for the period under review, Contractor shall pay to City any underpayment of fees and/or refund to Contractor's Customers or to City, as directed by City, any overcharges within thirty (30) days following the date of the audit. Contractor shall pay interest to the City for any underpayment or overcharges at an annual rate of 12%. Undercharges shall not be billed in arrears for more than six (6) months of service, with any remaining undercharges absorbed by Contractor. Should an audit disclose that fees were overpaid, City shall credit such amounts against future fees payable by Contractor. 8.3 Reports 8.3.1 Report Formats and Schedule Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Reports are intended to compile recorded data into useful forms of information that can be used to, among other things: a) Determine and set rates and evaluate the financial efficacy of operations; b) Evaluate past and expected progress towards achieving AB 939, AB 341, AB 1826, and SB 1383 goals and objectives; c) Determine needs for adjustment to programs; and, d) Evaluate Customer service and complaints. Contractor may propose report formats that are responsive to the objectives and audiences for each report. The format of each report shall be approved by City. In addition to submitting all reports on paper, Contractor agrees to submit all reports in an electronic format approved by City, compatible with City's software/computers at no additional charge. 91 of123 A-101 Reports shall be submitted within thirty (30) calendar days after the end of the reporting period. Annual reports for which a date is not otherwise specified in this Agreement shall be submitted within thirty (30) calendar days after the end of the calendar year. If requested, Contractor's complaint summary, described in Section 5.2.2, shall be sent to the City Manager within five (5) Working Days of request. All reports shall be submitted to: City Manager (or designated representative) City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 8.3.2 Monthly Reports The information listed below shall be the minimum reported for the preceding month: a) Warning notices issued for contaminated Recyclables and Organics Containers. 8.3.3 Quarterly Reports Quarterly Report should contain at a minimum the information required in the monthly report and include the following: a) Solid Waste and Recyclables Collected by Contractor for each month, sorted by type of Solid Waste Collected and diverted (Refuse, Construction and Demolition Waste, Organics) or Recyclables in tons (including contamination and Diversion rates for each waste stream and Customer type), Customer type (Cart, Bin) and identifying by tonnage and type the Facilities where the Solid Waste or Recyclables were processed or disposed. b) Quantity of Recyclables recovered by material type, as well as quantity of material diverted from landfills in compliance with AB 939, AB 341, AB 1826, and SB 1383; c) Gross Receipts by sector (Cart, Bin). d) Narrative summary of problems encountered (including scavenging) and actions taken with recommendations for City, as appropriate. e) Materials Sales. Sales statement showing: kinds of material, quantity sold (in tons), and materials rejected for sale. 92 of 123 A-102 f) Complaint summary for the quarter summarized by nature of complaints. g) Description of Contractor outreach activities and copies of promotional and public education materials sent during the quarter. h) Other information or reports that City may reasonably request or require. 8.3.4 Annual Report The Annual Report is to be essentially in the form and content of the quarterly reports, but shall also include: a) A summary of the number of accounts and of Containers in service as of December 31 by size (number of gallons, number of yards), sector (Cart, Bin), service frequency, and type of service (Refuse, Recyclables, Organics, Construction and Demolition Waste). b) Records of tons Collected, processed, diverted and disposed by waste stream (Refuse, Recycling, Organics), by Customer type (Cart, Bin), and the Facilities (Transfer Station, MRF, or landfill) where such material was taken; c) Gross Receipts by sector (Cart, Bin). d) A complete inventory of vehicles used to provide all services, including make, year, type, fuel used, use, California license number and whether or not it is used as a spare. e) Documentation of compliance with all applicable air pollution control laws for each vehicle. f) A summary of the number of Containers by size (number of gallons, number of yards) and type of service (Refuse, Recyclables, Organics). g) General information about the Contractor and its most recent annual report. h) Copy of Hazardous Waste Diversion records showing types and quantities, if any, of Hazardous Waste that was inadvertently Collected, but diverted from landfilling. i) Number of routes and route hours per day by type of service as of December 31. 93 of 123 A-103 j) Operations plan outlining the Collection routes, intervals of Collection and Collection times for all materials Collected under this Agreement. k) Documentation supporting that calendar year's Diversion rate. I) Other information or reports that City may reasonably request or require. 8.3.5 Financial Report the City may, at City's option, request and be provided with Contractor's financial reports for the most recently completed fiscal year in connection with any audit, extraordinary rate adjustment request, or verification of other information required under this Agreement. Contractor shall be required to provide the City with its audited financial statements only in the event that Contractor requests an extraordinary rate adjustment under Section 6.5. City and Contractor agree to use reasonable efforts to protect the confidential nature of the Audited Financial Statements, subject to the provisions of Section 12.16. Financial statements shall include a supplemental combining schedule showing Contractor's results of operations, including the specific revenues and expenses in connection with the operations provided for in this Agreement, separated from others included in such financial statements. The financial statements and footnotes shall be prepared in accordance with generally accepted accounting principles (GAAP) and audited, in accordance with generally accepted auditing standards (GAAS) by a certified public accountant (CPA) licensed (in good standing) to practice public accounting in the State of California as determined by the State of California Department of Consumer Affairs Board of Accountancy. The cost for preparation of the financial statements and audit shall be borne by Contractor as a direct cost of service. In addition, Contractor shall provide to City the supplemental schedule on a compiled basis. 8.4 Database for SB 1383 Reporting and Implementation Record Contractor shall furnish and maintain a database dedicated to the record keeping requirements of SB 1383. This system shall be capable of assisting the City to maintain all the information required by SB 1383 in a central location as well as providing the City with templates and a shared google environment for gathering data from nonexclusive commercial haulers. Contractor shall provide the City with access to the SB 1383 reporting platform. Contractor shall provide SB 1383 database at no additional charge. Contractor's database shall maintain, monitor, and report information related to the following SB 1383 Implementation Record requirements: • Organic Collection Services • Hauler Program • Contamination Minimization • Waivers 94 of 123 A-104 • Education and Outreach • Edible Food Recovery Program • Recycled Organic Waste Procurement • Recycled Paper Procurement • Commercial Edible Food Generators • Inspection and Enforcement Contractor shall work directly with the City to ensure the City receives required information in a timely manner. Contractor shall work as a liaison between the City and CalRecycle for the annual conference call, site visits and preparation of the Electronic Annual Report (EAR). 8.5 Reporting Adverse Information Contractor shall provide City two copies (one to the City Manager, one to the City Attorney) of all reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating in any way to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States, California Environmental Protection Agency, Cal Recycle, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court. Contractor need not submit routine traffic and parking violations. Copies shall be submitted to City within thirty (30) days of receipt by Contractor, or sooner if reasonably apparent that to do so is materially relevant, and any responses by Contractor shall be submitted to City simultaneously with Contractor's filing or submission of such matters with these agencies. Contractor's routine correspondence to these agencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request. 8.6 Right to Inspect Records City shall have the right to inspect or review the specific documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Contractor or its Affiliates that City shall deem, in its sole discretion, necessary to evaluate annual reports, compensation applications provided for in this Agreement and Contractor's performance provided for in this Agreement. Contractor shall make all records and documents to be reviewed and inspected by City as a part of any audit or other record review conducted by City, available for City's review, inspection and copying within five (5) days of receiving written notice from City requesting the same. 8.7 Failure to Report The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of this Agreement as described in Section 11.1 and shall subject Contractor to all remedies which are available to the City under this Agreement or otherwise. 95of123 A-105 9 Indemnification, Insurance, Bond and Letter of Credit 9.1 Indemnification Contractor hereby agrees to and shall indemnify and hold harmless lndemnitees from and against any and all loss, liability, penalty, damage, costs and fees (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals as well as all Court or other dispute resolution costs, and costs of exhibits, reports and other similar defense expenses), forfeiture, claim, demand, action, proceeding or suit in law or equity of any and every kind and description (including, but not limited to, injury to and death of any Person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct or intentional acts or omissions of Contractor, its officers, employees, agents, contractors and/or subcontractors in performing services under this Agreement; (2) the failure of Contractor, its officers, employees, agents, representatives, contractors and/or subcontractors to comply in all respects with the provisions of this Agreement, Applicable Laws (including, without limitation, the Environmental Laws), ordinances and regulations, and/or applicable permits and licenses; (3) the acts of Contractor, its officers, employees, agents, representatives, contractors and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). The foregoing indemnity shall apply to any such loss, liability, penalty, damage, cost, forfeiture, claim, demand, action, proceeding, suit, injury, death or damage, except that which is caused solely by the negligence or willful misconduct of the lndemnitees', provided such willful misconduct or negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where an lndemnitee is determined by agreement between the parties or by the findings of a court of competent jurisdiction to have engaged in willful misconduct or been negligent and where the lndemnitees' willful misconduct or negligence accounts for only a percentage of the liability involved, the obligation of Contractor under this Section 9.1 will be for that entire portion or percentage of liability not attributable to the willful misconduct or negligence of the lndemnitee(s). Contractor further agrees to and shall, upon demand of City, at Contractor's sole cost and expense, defend (with attorneys acceptable to City) the lndemnitees against any claims, actions, suits in law or equity or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any of the aforementioned events, and to reimburse City for any and all costs and expenses City incurs in providing any such defense, either before, during or after the time Contractor elects to provide such defense, including any and all costs incurred in overseeing any defense to be provided herein by Contractor. Contractor, upon demand of City, made by and through the City Attorney, shall protect City and appear in and defend the lndemnitees in any claims or actions by third parties, whether judicial, administrative or otherwise, including, but not limited to disputes and litigation over the definitions of "Soiid Waste" or "Recyclabies," the scope of the rights granted in this Agreement, conflicts between the rights granted in this Agreement and 96 of 123 A-106 rights asserted by other Persons, or the limits of City's authority with respect to the grant of licenses, or agreements, exclusive or otherwise, or asserting rights under the United States or California Constitutions or any federal or state law to provide Solid Waste Collection Services in the Service Area. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 9.2 Hazardous Substances Indemnification A. Without regard to any insurance coverage or requirements, and without limiting the above general indemnification obligation in any way, Contractor specifically agrees to and shall, to the maximum extent permitted by law, defend (with counsel acceptable to City), reimburse, indemnify, and hold harmless the lndemnitees from and against any and all claims, actions, liabilities, damages, demands, judgments, losses, costs, liens, expenses, suits, actions, attorneys' fees, consultant fees, penalties and any and all other losses, damages, fees and expenses of whatever kind or nature ("Claims") (including but not limited to response costs, investigative costs, assessment costs, monitoring costs, treatment costs, clean-up costs, removal costs, remediation costs, and similar costs, damages and expenses) that arise out of or are alleged to arise out of or in any way relate to any action, inaction or omission of Contractor that: 1. results in any demand, claim, notice, order, or lawsuit, asserting that any lndemnitee is liable, responsible or in any way obligated to investigate, assess, monitor, study, test, treat, remove, remediate, or otherwise clean-up, any Hazardous Contaminant (as defined in this Agreement); or 2. relates to material Collected, transported, recycled, processed, treated or disposed of by Contractor. 8. Contractor's obligations pursuant to this section shall apply, without limitation, to: 1. any Claims brought pursuant to or based on the provisions of any Environmental Law; 2. any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any Facility; 97 of 123 A-107 3. any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, Disposal, processing or use of any materials recovered by Contractor; 4. any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Agreement. C. The foregoing indemnity and defense obligations shall apply irrespective of the negligence or willful misconduct of Contractor or any Affiliate of Contractor. D. For purposes of this section, the term "Hazardous Contaminant" shall mean any Hazardous Substance, any Hazardous Waste, any crude oil or refined or unrefined petroleum product or any fraction or derivative; and any asbestos or asbestos- containing material. The term "Hazardous Contaminant" shall also include any substances added by any and all amendments to any Environmental Laws defining the terms in the prior sentence, whether made before or after the date of execution of this Agreement. E. In the event that the City exercises its right in writing under Section 4.8 to direct Contractor to use a Disposal Site other than a site approved in this Agreement, and that site is not owned or operated by Contractor, this indemnification shall not apply for the tonnage directed by the City to this Disposal Site. F. THE PROVISIONS OF THIS SECTION SHALL NOT TERMINATE OR EXPIRE, SHALL BE GIVEN THE BROADEST POSSIBLE INTERPRETATION AND SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 9.3 Indemnification -Failure to Meet Diversion Requirements A. To the extent authorized by law, Contractor agrees to indemnify and hold harmless City from and against all fines and/or penalties imposed by CalRecycle in the event the source reduction and Recycling goals or any other requirement of AB 939, AB 341, AB 1826, and SB 1383 are not met by City with respect to the waste stream Collected under this Agreement. B. Contractor warrants and represents that it is familiar with City's waste characterization study as set forth in City's Source Recovery and Recycling Element (SRRE), and that it has the ability to and will provide sufficient programs and services to ensure City will meet or exceed the Diversion requirements (including, without limitation, amounts of Solid Waste to be diverted, time frames for Diversion, and any other requirements) set forth in AB 939, AB 341, AB 1826, and SB 1383, with respect to that portion of the Solid Waste and Recyclables generated in the City that is the subject of this Agreement. 98 of 123 A-108 C. Contractor agrees to protect and defend lndemnitees with counsel selected by Contractor and approved by City, to pay all costs and fees (including, without limitation, fees and charges of engineers, architects, attorneys and other professionals, and costs of exhibits, reports and other similar defense expenses) and to indemnify and hold lndemnitees harmless from and against all fines or penalties imposed by CalRecycle if the Diversion goals specified in California Public Resources Code Section 41780 as of the date of this Agreement and hereafter throughout are not met by the City with respect to the Solid Waste and Recyclables Collected by Contractor and if the lack in meeting such goals are attributable to the failure of the Contractor to implement and operate the Recycling or Diversion programs or undertake the related activities required by this Agreement. 9.4 Insurance Contractor shall procure and maintain during the entire Term of this Agreement the following types of insurance, and shall maintain the following minimum levels of coverage, which shall apply to any claims which may arise from or in connection with Contractor's performance hereunder or the actions or inactions of any of Contractor's officers, agents, representatives, employees, or subcontractors in connection with Contractor's performance. The insurance requirements hereunder in no way limit Contractor's various defense and indemnification obligations, or any other obligations as set forth in this Agreement. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability form CG 00 01, or current equivalent as approved by the Insurance Services Office. 2. Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 "any auto" and endorsement CA 00 25. 3. Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability insurance. B. Minimum Limits of Insurance. Contractor shall maintain in force for the Term limits no less than: 99 of 123 A-109 1. Comprehensive General Liability: Ten Million Dollars ($10,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per occurrence for bodily injury, personal injury and property damage. 2. Automobile Liability: Ten Million Dollars ($10,000,000) limit aggregate and Five Million Dollars ($5,000,000) limit per accident for bodily injury and property damage. 3. Environmental Impairment Liability: Three Million Dollars ($3,000,000) limit aggregate. 4. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California or provide evidence of State approval to be self-insured and Employers Liability limits of $1,000,000 per accident. 5. Crime Insurance Policy/Fidelity Bond: Contractor shall secure and maintain during the life of this contract a blanket fidelity bond or proof of crime insurance policy from a company doing business in the State of California on all personnel in its employment. The bond or policy shall be issued in the amount of at least $1,000,000 per occurrence. Said bond shall protect City from any losses sustained through any fraudulent or dishonest act or acts committed by any employees of the provider and subcontractors, if any. Proof of coverage must be submitted to City within 60 calendar days after execution of the contract and prior to the delivery of services. Proof of the fidelity bond or crime insurance policy shall be submitted to the agency annually during the contract renewal period. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by City, which approval shall not be unreasonably withheld. If, in the reasonable opinion of the City, Contractor does not have sufficient financial resources to protect the City from exposure with respect to any deductibles or self-insured retentions, at the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its officials, employees and agents; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 100 of 123 A-110 1. General Liability and Automobile Liability Coverages a) City, its elective and appointive boards, commissions, officials, employees, agents and volunteers are to be named as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; Premises owned, leased or used by Contractor; or vehicles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elective and appointive boards, commissions, officials, employees, agents or volunteers. b) Contractor's insurance coverage shall be primary insurance as respects City, its elective and appointive boards, commissions, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its officials, elective and appointive boards, commissions, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its officials, elective and appointive boards, commissions, employees, agents or volunteers. d) Coverage shall state that Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage -The insurer shall agree to waive all rights of subrogation against City, its officials, elective and appointive boards, commissions, employees, agents and volunteers for losses arising from work performed by Contractor for City. 101 of 123 A-111 3. All Coverages -Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. E. Acceptability of Insurers. The insurance policies required by this section shall be issued by an insurance company or companies authorized to do business in the State of California and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better. F. Verification of Coverage. Simultaneously with the execution of this Agreement, Contractor shall furnish City certificates of each policy of insurance required hereunder, in form and substance satisfactory to City. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. Such certificates shall show the type and amount of coverage, effective dates and dates of expiration of policies and shall have all required endorsements. The certificates and endorsements are to be on forms provided by or acceptable to City and are to be received and approved by City before work starts. If City requests, copies of each policy, together with all endorsements, shall also be promptly delivered to City. Renewal certificates will be furnished periodically to City to demonstrate maintenance of the required coverage throughout the Term. G. Contractors and Subcontractors. Contractor shall include all contractors and subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each contractor and subcontractor. All coverages for contractors and subcontractors shall be subject to all of the requirements stated in this Agreement. H. Required Endorsements 1. Insurance policies shall contain an endorsement in substantially the following form: 102 of 123 A-112 "Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to City in the event of cancellation, reduction in coverage, or non-renewal of this policy. Such notice shall be sent to: City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 2. "City, its public officials, officers, employees, consultants, agents, volunteers, and independent contractors serving in the role of City officials are additional insureds on this policy." 3. "This policy shall be considered primary insurance as respects any other valid and collectible insurance maintained by City, including any self-insured retention or program of self-insurance, and any other such insurance shall be considered excess insurance only." 4. "Inclusion of City as an insured shall not affect City's rights as respects any claim, demand, suit or judgment brought or recovered against Contractor. This policy shall protect Contractor and City in the same manner as though a separate policy had been issued to each, but this shall not operate to increase Contractor's liability as set forth in the policy beyond the amount shown or to which Contractor would have been liable if only one party had been named as an insured." I. Other Insurance Requirements 1. In the event any services are delegated to another company or subcontractor, Contractor shall require such Contractor or subcontractor to provide statutory workers' compensation insurance and employer's liability insurance for all of the Contractor or subcontractor's employees engaged in the work in accordance with this Section 9.4. The liability insurance required by this Section 9.4 shall cover all Contractor or subcontractors or the Contractor or subcontractor must furnish evidence of insurance provided by it meeting all of the requirements of this Section 9.4. 103 of 123 A-113 2. Contractor shall comply with all requirements of the insurers issuing policies. The carrying of insurance shall not relieve Contractor from any obligation under this Agreement. If any claim exceeding the amount of any deductibles or self-insured reseNes is made by any third Person against Contractor or any Contractor or subcontractor on account of any occurrence related to this Agreement, Contractor shall promptly report the facts in writing to the insurance carrier and to City. If Contractor fails to procure and maintain any insurance required by this Agreement, City may take out and maintain, at Contractor's expense, such insurance as it may deem proper and deduct the cost of that insurance from any moneys due Contractor. 9.5 Faithful Performance Bond Concurrently with execution of this Agreement, Contractor shall deliver to City a performance bond in the sum of the amount of One Million Seven Hundred Thousand Fifty Dollars ($1,750,000), similar in form to that attached hereto as Exhibit 4, which secures the faithful performance of this Agreement, including, without limitation, payment of any penalty and the funding of any work to cure a breach of this Agreement, unless such requirement is waived by the City Manager. The 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, and during the continuation period after the Term as provided in Section 9.9. 9.6 Faithful Performance Letter of Credit In addition to the performance bond required by Section 9.5 above, Contractor shall furnish an irrevocable letter of credit in the amount of Two Hundred Fifty Thousand Dollars ($250,000), from a financial institution acceptable to the City and in a form acceptable to the City Attorney as security for the performance of this Agreement (the "LOC"). The LOC shall be the sole responsibility of Contractor. The LOC shall be remain in force during the entire Term, and during the continuation period after the Term as provided in Section 9.9. The LOC shall be released within thirty (30) days after both (i) the expiration of the continuation period provided in Section 9.9, or upon the earlier termination of this Agreement; and (ii) Contractor's satisfactory performance of all obligations hereunder. 104 of 123 A-114 9.7 Forfeiture of Performance Bond In the event Contractor shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, City may declare a portion or all of the performance bond which is necessary to recompense and make whole the City forfeited to the City. Upon partial or full forfeiture of the performance bond, Contractor shall restore the performance bond to its face amount within thirty (30) days of the City's declaration. Failure to restore the performance bond to its full amount within thirty (30) days shall be a material breach of this Agreement. 9.8 Forfeiture of Letter Of Credit Thirty (30) days following City providing Contractor with written notice of its failure to pay City any amount owing under this Agreement, City may draw upon the LOC for purposes including, but not limited to: a. Payment of sums due under the terms of this Agreement which Contractor has failed to timely pay to City b. Reimbursement of costs borne by City to correct violations of this Agreement not corrected by Contractor, including but not limited to the liquidated damages described in Section 11.3. City may draw upon the entire LOC and convert it to a cash deposit if Contractor fails to cause the LOC to be extended or replaced with another satisfactory letter of credit no later than 60 days prior to its expiration during the Term of this Agreement. 9.9 Performance Security Beyond Service Term Some Agreement requirements extend beyond the Term and other requirements, such as minimum Diversion rates per Section 4.3.6, will not be substantiated until after the final service date. Therefore, the Contractor shall not terminate the performance bond or letter of credit, and will renew them to ensure continuous availability to the City, until receiving a written release from the City. Any performance bond or letter of credit will automatically expire at the end of 36 months after the end of the Term. Permission from the City to discontinue holding these performance securities does not relieve Contractor of payments to the City that may be due, or may become due. 105 of 123 A-115 10 City's Right to Perform Service 10.1 General In the event that Contractor, for any reason whatsoever, fails, refuses or is unable to Collect, Recycle, process, transport or dispose of any or all Solid Waste or Recyclables as required by this Agreement, at the time and in the manner provided in this Agreement, for a period of more than forty-eight (48) hours, and if, as a result, Solid Waste should accumulate in the City to such an extent, in such a manner, or for such a time that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right, but not the obligation, (1) to perform, or cause to be performed, such services itself with its own or other personnel without liability to Contractor; and/or (2) to take possession of any or all of Contractor's land, equipment and other property used or useful in the Collection and transportation of Solid Waste and Recyclables, and to use such property to Collect and transport any Solid Waste and Recyclables generated within the City which Contractor would otherwise be obligated to Collect, transport and properly dispose of or process pursuant to this Agreement. Notice of City's determination to effect its rights under this Section may be given orally by telephone to Contractor at its principal office and shall be effective immediately. Written confirmation of such oral notification shall be sent to Contractor within twenty-four (24) hours of the oral notification. Contractor further agrees that in such event: 1. It will take direction from City to effect the transfer of possession of equipment and property to City for City's use, or for use by any Person or entity designated by the City. 2. It will, if City so requests, keep in good repair and condition all of such equipment and property, provide all motor vehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain this property in operational condition. 3. City may immediately engage all or any personnel necessary or useful for the Collection and transportation of Solid Waste and Recyclables, including, if City so desires, employees previously or then employed by Contractor. Contractor further agrees, if City so requests, to furnish City the services of any or all management or office Personnel employed by Contractor whose services are necessary or useful for Solid Waste and Recyclables Collection, transportation, processing and Disposal operations and for the Billing and Collection of fees for these services. City agrees that it assumes responsibility for the proper and normal use of such equipment and facilities while in its possession. 106 of 123 A-116 If the interruption or discontinuance in service is caused by any of the reasons listed in Section 11.4, City shall pay to Contractor the reasonable rental value of the equipment and facilities, possession of which is taken by City, for the period of City's possession, if any, which extends beyond the period of time for which Contractor has rendered Bills in advance of service, for the class of service involved. If the interruption or discontinuance in service is caused by any other reason, regardless of City's implementation of options under this agreement, City may consider this a default. 10.2 Billing and Compensation to City During City's Possession Contractor agrees that it shall reimburse City for any and all costs and expenses incurred by City, beyond that billed and received by City, in taking over possession of the above- mentioned equipment and property for Solid Waste and Recyclables service in such manner and to an extent as would otherwise be required of Contractor under the terms of this Agreement. Such reimbursement shall be made from time to time after submission by City to Contractor of each statement listing such costs and expenses, but in no event later than five (5) Working Days from and after each such submission. 10.3 City's Right to Relinquish Possession It is further mutually agreed that City may at any time at its discretion relinquish possession of any or all of the above-mentioned property to Contractor and thereupon demand that Contractor resume the Solid Waste Collection Services as provided in this Agreement, whereupon Contractor shall be bound to resume the same. 10.4 City's Possession Not a Taking The Parties agree that City's exercise of its rights under this Article (1) does not constitute a taking of private property for which compensation must be paid, (2) shall not create any liability on the part of City to Contractor, and (3) does not exempt Contractor from any of the indemnity and insurance provisions of this Agreement, which are meant to extend to circumstances arising under this section provided that Contractor is not required to indemnify City against claims and damages arising from the sole negligence of City, its public officials, officers, employees, consultants, agents, volunteers, and independent contractors serving in the role of City officials in the operation of Collection Vehicles during the time City has taken possession of such vehicles. 10.5 Duration of City's Possession City's right pursuant to this Article to retain temporary possession of Contractor's facilities and equipment, and to render Collection services, shall terminate when City determines that such services can be resumed by Contractor, or when City no longer reasonably requires such property or equipment. In any case, City has no obligation to maintain possession of Contractor's property or equipment and/or continue its use for any period of time and may at any time, in its sole discretion, relinquish possession to Contractor. 107 of 123 A-117 11 Default, Remedies and Liquidated Damages 11.1 Events of Default All provisions of this Agreement to be performed by Contractor are considered material. Each of the following shall constitute an event of default by the Contractor: A. Fraud or Deceit or Misrepresentation. If the Contractor engages in, or attempts to practice, any fraud or deceit upon City or makes a misrepresentation regarding material information to City. 8. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or unwilling to pay its debts, files a bankruptcy petition or takes steps to liquidate its assets. C. Failure to Maintain Coverage. If Contractor fails to provide or maintain in full force and effect the Workers' Compensation, liability, or indemnification coverage as required by this Agreement; or if Contractor fails to provide or maintain in full force and effect the faithful performance bond and faithful performance letter of credit required by Sections 9.5 and 9.6 of this Agreement. D. Violations of Regulations. If Contractor violates any order, rule or regulation of any regulatory body having jurisdiction over Contractor relative to this Agreement, provided that Contractor may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to the Contractor is entered. E. Failure to Perform. If Contractor ceases to provide all or a portion of the Collection, processing or Recycling services, or any other Solid Waste Collection Services as required under this Agreement for a period of two (2) consecutive days or more, for any reason within the control of Contractor. This includes, without limitation, any failure to perform by Contractor due to labor unrest, including strike, work stoppage or slowdown, sickout, picketing, or other concerted job action, if not excused pursuant to Section 11.4. F. Failure to Pay. If Contractor fails to make any payments required under this Agreement and/or refuses to provide City, within ten (10) days of the demand, with required information, reports, and/or records in a timely manner as provided for in this Agreement. G. Failure to Cooperate with Audits. Failure to complete, perform or cooperate with any audit as described by this Agreement. H. Failure to Submit Reports or Documentation. Failure to complete or to provide required reports or documents to City as required by this Agreement. 108 of 123 A-118 I. Acts or Omissions. Any act or omission by Contractor relative to the services provided under this Agreement which violates the terms, conditions, or requirements of this Agreement, or AB 939, AB 341, AB 1826, and SB 1383, or any Applicable Law. Any failure to correct or remedy any such violation within the time set in the written notice of the violation or, if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, if Contractor should fail to start to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. J. Crimes. Any situation in which Contractor or any of its officers, directors or employees are found guilty of any crime related to the performance of this Agreement, or of any crime related to anti-trust activities, illegal transport or Disposal of hazardous or toxic materials, or bribery of public officials. The term "found guilty" shall be deemed to include any judicial determination that Contractor or any of Contractor's officers, directors or employees is guilty as well as any admission of guilt by Contractor or any of Contractor's officers, directors or employees including, but not limited to, the plea of "guilty", "nolo contendere", "no contest", and "guilty to a lesser charge." K. False or Misleading Statements. Any representation or disclosure made to City by Contractor in connection with or as an inducement to entering into this Agreement, or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement. L. Attachment. The seizure of, attachment of, or levy on, the operating equipment of Contractor, including, without limits, its equipment, maintenance or office facilities. M. Suspension or Termination of Service. Any termination or suspension of the transaction of business by Contractor lasting more than two (2) consecutive days. This includes, without limitation, any termination or suspension of the transaction of business by Contractor due to labor unrest, including strike, work stoppage or slowdown, sickout, picketing, or other concerted job action, if not excused pursuant to Section 11 .4. 109 of 123 A-119 N. Failure to Provide Assurance of Performance. If Contractor fails to provide reasonable assurances of performance as required under Section 11.6. 0. Commingling of Recyclables with Refuse/Landfilling of Recyclables. If Contractor empties a Container of properly set out Recyclables or Organics into a Refuse load, or transports Recyclables or Organics to a landfill or other location at which the material will not be diverted from landfilling. P. Failure to Meet 50% Diversion Goal. Contractor fails to divert at least 50% of all Solid Waste it Collects, per Section 4.3.6, for two consecutive calendar years. Contractor shall have forty-eight (48) hours from the time it is given notification by City to cure any default arising under subsections C, E, F, G, H, I, K, L, M and N provided, however, that City shall not be obligated to provide Contractor with a notice and cure opportunity if Contractor has committed the same or similar breach within a twenty-four (24) month period. Contractor acknowledges that it is not entitled to receive notice of default, or to cure such default, with respect to those matters listed in subsections A, B, D, Kand P above. 11.2 Right to Terminate Upon Default and Right to Specific Performance If Contractor commits a material breach, including specifically any of the matters listed in subsections A through P of Section 11.1 above (and, if permitted to cure, does not cure it within the forty-eight (48) hours), City shall be entitled to unilaterally terminate this Agreement or impose other such sanctions (which may include financial sanctions, temporary suspensions or any other conditions it deems appropriate short of termination) as it shall deem proper. Should City decide to terminate this Agreement upon a default by Contractor, City shall have the right to do so upon giving ten (10) days notice to Contractor, and shall not be required to take any further action (such as holding any hearing, bringing any suit or taking any other action.) City's rights to terminate this Agreement and to take possession of Contractor's Facility and/or equipment are not exclusive, and City's termination of this Agreement shall not constitute an election of remedies. Instead, such remedies shall be in addition to any and all other legal and equitable rights and remedies that City may have. By virtue of the nature of this Agreement, the urgency of timely continuous and high- quality service, the time required to effect alternative service, and the rights granted by City to Contractor, the remedy of damages for a breach of this Agreement by Contractor is inadequate and City shall be entitled to seek injunctive relief and/or specific performance of any breach of this Agreement. 11.3 Liquidated Damages A. General. City finds, and Contractor agrees, that as of the time of the execution of 11 O of 123 A-120 this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of certain specific obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the services that are the subject of this Agreement might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such specific breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The parties further acknowledge that consistent, reliable Solid Waste and Recyclables Handling Service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in entering this Agreement with it. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if Contractor fails to achieve the performance standards, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, without prejudice to City's right to treat such breaches as an event of default under this Article 11, the Parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages for such specific breaches, considerir 19 all of ti 1e 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 the liquidated damage provisions at the time that the Agreement was made. Contractor Initial Here ----- City Initial Here --- Contractor agrees to pay (as liquidated damages and not as a penalty) the amounts set forth below: 111 of 123 A-121 1. Collection Reliability For each failure to start service to a new Customer account within seven (7) days after order, which exceeds five (5) such failures annually: $100.00 For each failure, which exceeds ten (10) such failures annually, to Collect Solid Waste and/or Recyclables from any established Customer account on the scheduled Collection day and not make up the Collection within the time allotted per Section 4.6.2: $100.00 2. Collection Quality For each occurrence of failure to properly return empty Containers to avoid pedestrian or vehicular traffic impediments or to place Containers upright which exceeds ten (10) such occurrences annually: $50.00 For each occurrence of excessive noise or discourteous behavior: $250.00 For each occurrence of Collecting Solid Waste and/or Recyclables during unauthorized hours which exceeds ten (10) such occurrences annually: $100.00 For each occurrence of damage to private property that exceeds five (5) such occurrences annually: $250.00 For each failure to clean up Solid Waste and/or Recyclables spilled from Solid Waste and/or Recyclables Containers within ninety (90) minutes that exceeds ten (10) such failures annually: $100.00 3. Customer Responsiveness For each failure to initially respond to a Customer complaint within one (1) Working Day, and for each additional day in which the complaint is not addressed, which exceed a cumulative total for all Customers of ten (10) such days annually: $50.00 For each failure to process Customer complaints as required by Article 5, which exceed a cumulative total for all Customers of ten (10) such failures annually: $50.00 For each failure to remove graffiti from Containers, or to replace with Containers bearing no graffiti, within two (2) Working Days of request from City or Customer: $ 50.00 per day For each failure to repair or replace a damaged or missing Container within two (2) Working Days of request from City or Customer: $ 50.00 per day 112 of 123 A-122 For each failure to process a claim for damages within thirty (30) days from the date submitted to Contractor: $50.00 For each additional thirty (30) day increment of time in which Contractor has failed to resolve a claim for damages within thirty (30) days from the claim date: $50.00 4. Diversion Efforts For every Green Cart or Blue Cart Collected as Refuse without issuing a red tag per Section 4.3.4: $50 per Cart 5. Timeliness of Submissions to City Any report shall be considered late until such time as a correct and complete report is received by City. For each calendar day a report is late, the daily liquidated damage amount shall be: Monthly Reports: $50 per day Quarterly Reports: $50 per day Annual Reports: $100 per day 6. Accuracy of Billing Each Customer invoice that is not prepared in accordance with the Rate Schedule, in excess of ten ( 10) such invoices annually: $25 per invoice 7. Cooperation with Service Provider Transition For each day routing information requested by City in accordance with Section 12.8 is received after City-established due dates, both for preparation of a request for proposals and for new service provider's implementation of service : $1,000/day For each day delivery of keys, access codes, remote controls, or other means of access to Solid Waste and/or Recyclables Containers is delayed beyond one (1) day prior to new service provider servicing Customers with access issues, as described in Section 12.8: $1,000/ day For delay in not meeting the requirements contained in Sections 4.13 and 12.8 in a timely manner, in addition to the daily liquidated damages for breach under ?(a) and 7(b) above, liquidated damages of: $10,000 City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of Customer complaints. Prior to assessing liquidated damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non-performance. 113 of 123 A-123 Contractor may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. City will provide Contractor with a written explanation of its determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of City shall be final. C. Amount. City may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement. D. Timing of Payment. Contractor shall pay any liquidated damages assessed by City within ten (10) days after they are assessed. If they are not paid within the ten (10) day period, City may proceed against the performance bond required by this Agreement or find Contractor in default and terminate this Agreement pursuant to Section 11.2, or both. 11.4 Excuse from Performance The Parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other natural disasters, war, civil insurrection, riots, acts of any government (including judicial action), and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick-out, picketing, or other concerted job action conducted by Contractor's employees or directed at Contractor is excused from performance only to the extent that the following requirements are met • Contractor provides a contingency plan to the City prior to the execution of this Agreement demonstrating how services will be provided during the period of labor unrest. The contingency plan is subject to City approval and Contractor shall amend the plan until it meets City requirements, including reasonably demonstrating how City's basic Collection and sanitary needs will be met to the City's satisfaction. • Contractor shall meet all requirements of this plan or City may choose to revoke this excuse from performance offered under this Agreement and may choose to use enforcement provisions under this Agreement, including Sections 11.1, 11.2 and 11.3, in which case Contractor is not excused from performance and Contractor shall be obligated to continue to provide service notwithstanding the occurrence of any or all of such events. The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this section. 114 of 123 A-124 The interruption or discontinuance of Contractor's services caused by one (1) or more of the events excused shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this section for a period of ninety (90) days or more, City shall nevertheless have the right, in its sole discretion, to (i) take possession of Contractor's land, equipment and other property and engage Contractor's personnel pursuant to Article 10, or (ii) terminate this Agreement by giving ten (10) days' notice. 11.5 Notice, Hearing and Appeal of City Breach A. Administrative Hearing. Should Contractor contend that City is in breach of any aspect of this Agreement, it shall give notice to the City Manager requesting an administrative hearing on the allegation. A hearing officer shall be appointed by the City Manager, and the hearing shall occur as soon as reasonably possible, or on such date as mutually agreed by the City Manager. The hearing officer shall make an advisory ruling on Contractor's allegations, and suggest a remedy if a breach by City is determined to exist. The hearing officer's ruling and recommendations shall become final and binding if the Parties so agree in writing within thirty (30) days of the date of notice of the decision is given to both Parties. Otherwise, the hearing officer's ruling shall have no further force or effect. B. Other Remedies; Claims. Contractor shall be entitled to all available remedies in law or equity for City's breach of this Agreement; provided, however, Contractor shall not file or otherwise start any action against City, in law or equity, in any court, until after an administrative hearing as set forth above has been completed, and the above noted 30 day period to accept the hearing officer's decision has passed, or either City or Contractor has given timely written notice to the other that it will not accept the hearing officers decision. C. Actions for Damages. As a prerequisite to the filing and maintenance of any action for damages by Contractor against City arising out of this Agreement, Contractor shall present a claim to City, as required by Government Code section 91 O et seq, within thirty (30) days of the date of the occurrence giving rise to the claim for damages. 11.6 Assurance of Performance City may, at its option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as City may require. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall be an event of default. 115 of 123 A-125 12 Other Agreements of the Parties 12.1 Relationship of Parties The Parties intend that Contractor shall perform the services required by this Agreement as an independent contractor engaged by City and not as an officer or employee of City nor as a partner of or joint venture with City. No employee or agent or Contractor shall be or shall be deemed to be an employee or agent of City. Except as expressly provided in this Agreement, Contractor shall have the exclusive control over the manner and means of conducting the Solid Waste Collection Services performed under this Agreement, and all Persons performing such services. Contractor shall be solely responsible for the acts and omissions of its officers, employees, Affiliates, contractors, subcontractors and agents. Neither Contractor nor its officers, employees, Affiliates, contractors, subcontractors and agents shall obtain any rights to retirement benefits, workers' compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City, and Contractor waives any claim it may have or acquire to such benefits. 12.2 Compliance with Law In providing the services required under this Agreement, Contractor shall at all times, at its sole cost, comply with all Applicable Laws, including but not limited to the payment of prevailing wages, if applicable. 12.3 Governing Law This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 12.4 Jurisdiction Except for those matters where Federal Courts have exclusive jurisdiction, any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the Parties agree that this Agreement is made in and will be performed in Los Angeles County, Superior Court Southwest Judicial District. 12.5 Assignment Except as may be provided for in Article 10 (City's Right to Perform Service), Contractor shall not assign its rights, nor delegate, subcontract or otherwise transfer its obligations under this Agreement (collectively referred to as an "assignment") to any other Person without the prior written consent of City. Any such assignment made without the consent of City shall be void and the attempted assignment shall constitute a material breach of this Agreement. 116 of 123 A-126 For purposes of this section the term "assignment" shall be given the broadest possible interpretation, and shall include, but not be limited to (i) a sale, exchange or other transfer of substantially all of Contractor's assets dedicated to service under this Agreement to a third party; (ii) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided such sale, exchange or transfer may result in a change of control of Contractor; (iii) any dissolution, reorganization, consolidation, merger, re- capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction which results in a change of ownership or control of Contractor; (iv) any assignment by operation of law, including those resulting from mergers or acquisitions by or of Contractor of any of its Affiliates, insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and (v) any combination of the foregoing (whether or not in related or contemporaneous transactions) which has the effect of any such transfer or change of ownership, or change of control of Contractor. Contractor acknowledges that this Agreement involves rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified in this Agreement based on (1) Contractor's experience, skill and reputation for conducting its Solid Waste Collection Services in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best Solid Waste and Recyclables management practices, and (2) Contractor's financial resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. If Contractor requests City's consideration of and consent to an assignment, City may deny or approve such request in its sole and absolute discretion. Any request for an assignment must be approved by the City Council, and no request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met (or with respect to matters that would only occur upon completion of the assignment if approved, made reasonable assurances that it will meet) the following requirements: a) Contractor shall pay City its reasonable expenses for attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment. An advance payment of fifty thousand dollars ($50,000) towards expenses shall be paid to City prior to City consideration of any assignment request and Contractor shall be responsible to pay all costs incurred by City in considering a request for assignment, including those in excess of this deposit amount, regardless of whether City consents to the assignment. 117 of 123 A-127 b) Contractor shall pay the City a transfer fee equal to one percent ( 1 % ) of the Gross Receipts it, or its assignee, will receive during the remaining Term, as estimated by City. This transfer fee shall be waived for a transfer to an affiliate. For purposes of this subsection, "affiliate" means an entity under the same management and Control as EDCO Disposal Corporation (the original contracting party). As used in this subsection, "Control" means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a corporation, partnership, joint venture, trust, or other association. c) Contractor shall furnish City with audited financial statements for itself, and the proposed assignee's operations for the immediately preceding three (3) operating years. d) A proforma financial statement (income statement and balance sheet) for the proposed assignee with the projected results of operations assuming that the assignment is completed. Such proforma financial statement shall reflect any debt to be incurred by the assignee as part of the acquisition of Contractor's operations. e) Contractor shall furnish City with satisfactory proof: (i) that the proposed assignee has at least ten (10) years of Solid Waste and Recyclables management experience on a scale equal to or exceeding the scale of operations conducted by Contractor under this Agreement; (ii) that in the last five (5) years, the proposed assignee has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste Collection operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of any such citations and censures; (iii) that the proposed assignee has at all times conducted its operations in an environmentally safe and conscientious fashion; (iv) that the proposed assignee conducts its Solid Waste Collection Services in accordance with sound Solid Waste and Recyclables management practices in full compliance with all federal, state and local laws regulating the Collection and Disposal of Solid Waste and Recyclables including Hazardous Substances and Hazardous Waste; and, (v) of any other information required by City to ensure the 118 of 123 A-128 proposed assignee can fulfill the terms of this Agreement in a timely, safe and effective manner. Under no circumstances shall City be obliged to consider any proposed assignment by City if Contractor is in default at any time during the period of consideration. Should City consent to any assignment request, such assignment shall not take effect until all conditions relating to City's approval have been met. In the event of any permitted assignment, the assignee shall fully assume all the liabilities of the Contractor. For purposes of this Section, the term "Assignment" shall refer to the proposed transferee(s) or other successor(s) in interest pursuant to the assignment. Intra-family transfers of stock are specifically excluded from the Assignment provision and shall not be subject to City consideration and consent 12.6 Contracting or Subcontracting Contractor shall not engage any contractors or subcontractors for the Collection, transfer, processing, Recycling or Disposal of Solid Waste or Recyclables. 12.7 Binding on Assigns The provisions of this Agreement shall inure to the benefit to and be binding on the permitted assigns (if any) of the Parties. 12.8 Cooperation in Preparation for Termination or Expiration of Contract Prior to, and at, the end of the Term or in the event this Agreement is terminated for cause prior to the end of the Term, Contractor shall cooperate fully with City and any subsequent Solid Waste enterprise it designates to assure a smooth transition of Solid Waste Collection Services. Contractor's cooperation shall include, but not be limited to, providing route lists, Billing information and other operating records needed to service all Premises covered by this Agreement The failure to cooperate with City following termination shall be conclusively presumed to be grounds for specific performance of this covenant and/or other equitable relief necessary to enforce this covenant. Contractor shall provide a new service provider with all keys, security codes and remote controls used to access garages and Bin enclosures. Contractor shall be responsible for coordinating transfer immediately after Contractor's final pickups, so as not to disrupt service. Contractor shall provide City with detailed route sheets containing service names and addresses, Billing names and addresses, monthly rate and service levels (number and size of Containers and pickup days) at least 90 days prior to the transition date, and provide an updated list two weeks before the transition and a final list of changes the day before the transition. Contractor shall provide means of access to the new service provider at least one full Working Day prior to the first day of Collection by another party, and always within sufficient time so as not to impede in any way the new service provider from easily servicing all Containers. 119 of 123 A-129 12.9 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 it and their representatives, successors and permitted assigns. 12.10 Waiver The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either Party of any moneys that become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other Party of any provision of this Agreement. 12.11 Contractor's Investigation Contractor has made an independent investigation (satisfactory to Contractor) of the conditions and circumstances surrounding this Agreement and the work to be performed by it. 12.12 Condemnation City fully reserves the rights to acquire Contractor's property utilized in the performance of this Agreement, by purchase or through the exercise of the right of eminent domain. This provision is additive, and not intended to alter the rights of the Parties set forth in Article 10. 12.13 Notice All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the Parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows: If to City: If to Contractor: City Manager City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 President EDCO 6670 Federal Blvd. Lemon Grove, CA 91945 120 of 123 A-130 The address to which communications may be delivered may be changed from time to time by a written notice given in accordance with this section. Notice shall be deemed given on the day it is personally delivered or, if mailed, three days from the date it is deposited in the mail. 12.14 City Free to Negotiate with Third Parties City may investigate all options for the Collection, transporting, Recycling, processing and Disposal of Solid Waste and Recyclables for periods during which this Agreement has expired or been terminated. Without limiting the generality of the foregoing, City may solicit proposals from Contractor and from third parties for the provision of Solid Waste Collection Services which are the subject of this Agreement, including without limitation Collection services, Disposal services, Recycling services, Organics services and processing, and any combination of those services, and may negotiate and execute agreements for such services which will take effect upon the expiration or earlier termination of this Agreement pursuant to Section 11.1 or otherwise. 12.15 Privacy Contractor 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 Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses that may be required by AB 939, AB 341, AB 1826, and SB 1383. This provision shall not apply to reports or records provided to City pursuant to this Agreement. 12.16 Public Records; Exempt Information Contractor is obligated to permit City inspection of its records on demand and to provide copies to City where requested. All documents that are provided to the City will be subject to disclosure if requested by a member of the public pursuant to the Public Records Act (Government Code Section 6250 et seq.). There are a very limited number of narrow exemptions to this disclosure requirement. If Contractor believes the copies it provides to City are exempt from disclosure under the Public Records Act, Contractor must mark the portions considered as such and state the specific provisions of the Public Records Act that provides the exemption as well as the factual basis for claiming the exemption. City, if it concurs with Contractor's conclusion, will endeavor to maintain the confidentiality of documents so marked but will not guarantee to do so. If the City chooses to withhold records from disclosure at the Contractor's request, and an action is brought against the City to force disclosure, the Contractor shall pay all attorney fees and litigation costs associated with defending that action, including without limitation, the City's and the prevailing plaintiff's attorney fees and litigation costs. 121 of 123 A-131 13 Miscellaneous Provisions 13.1 Entire Agreement This Agreement contains the entire integrated agreement and understanding concerning the subject matter in this Agreement and supersedes and replaces any prior negotiations, promises, proposals (including Contractor's Proposal), and agreements between the Parties, whether written or oral. The Parties acknowledges this document has been executed with the consent and upon the advice of counsel. Each of the Parties acknowledges that no Party or agent or attorney of any other party has made any promise, representation, or warranty, express or implied, not contained in this Agreement, to induce the other Party to execute this instrument. 13.2 Section Headings The article headings and section headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 13.3 References to Laws and Other Agreements All references in this Agreement to laws shall be understood to include such laws as they may be subsequently amended or recodified, unless otherwise specifically provided. 13.4 Interpretation This Agreement, including the Exhibits attached hereto, shall be interpreted and construed reasonably and neither for nor against either Party, regardless of the degree to which either Party participated in its drafting. Where used in this Agreement, "shall" is mandatory and "may" is permissive. 13.5 Agreement This Agreement may not be modified or amended in any respect except by a writing signed by the Parties. 13.6 Severability If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement, which shall be enforced as if such invalid or unenforceable provision had not been contained in this Agreement. 13.7 Exhibits Each of Exhibits identified as Exhibit "1" through "4" is attached hereto and incorporated in this Agreement and made a part of this Agreement by this reference. 122 of 123 A-132 13.8 Attorneys' Fees If either Party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to recover its reasonable attorney's fees and costs. Attorneys' fees shall include attorney's fees on any appeal, and in addition a Party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on start of such action and shall be enforceable whether or not such action is prosecuted to judgment. IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first written above. CITY OF RANCHO PALOS VERDES By: ________ _ Name: David Bradley Title: Mayor Approved as to form by: By: ________ _ Name: William W. Wynder Title: City Attorney ATTEST: By:--------- Name: Teri Takaoka Title: City Clerk EDCO DISPOSAL CORPORATION By:--------- Name: Sandra L. Burr Title: Chair By:--------- Name: John C. Snyder Title: Vice President 123 of 123 A-133 Exhibit 1 -Service Area #2 Map of UWS-Service Area 2 EXHIBIT 8' ,n :·\~~-~ ,:... i --.. -~ . Arca A ,_ ___ .,l c u 1bs1de Aulrnna lud Serv ice Non •Galed lveas No Change> B □Ar ea Pre viously Des,gnaled as Manual Unhm1l ed Ba ckyard 5erv,co Now Chang"'n lo A,~om aled C11rhs,d 1• Sc,v,cn C □M anua l U n hm 11ed Backy-dr d Service Gato Are(I ~ No Ch.:ingcs -1 w ~ ----}> D ,_ __ __,M anual Unl1n11t0t1 Dockyard Scrvtec Non -G mod Area s No Changos s 01203.0014/760636.2 A-30 A-134 Exhibit 2 -Organics Program Implementation Plan Contractor shall implement the Organics Collection Program according to the plan outlined in this Exhibit. April 2022 • Organics Recycling Plan approved by the City. • Schedule a series of detailed meetings with Operations, Maintenance, Container Support, Field Service Representatives, and Customer Service Representatives to review general aspects of the transition, enhance awareness, and stimulate discussions of issues within all areas of the Contractor. • Schedule dates and location of optional Community Meetings, subject to COVID constraints at the time. • Meet with the City bi-weekly or as desired to review implementation and current level of activities. May 2022 • Electronic Draft of all public education materials presented to the City for review • City of Rancho Palos Verdes Residential Organics Recycling Coming Soon webpage activated on Contractor web site. • Website's Organics page updated to include Coming Soon Organics Recycling link along with supplemental information. • Launch online orders for kitchen caddies • Conduct public workshops regarding the residential organics recycling program, including presentations at service clubs and community events, etc. • Coming Soon Email Blast sent to Rancho Palos Verdes email subscribers from the Contractor website with information and guidelines for single-family residential customers. • City approves all optional public education material. • Meet with the City to review implementation and current level of activities. 01203.0014/760636.2 A-135 June2022 • Initial four-panel color Organics Recycling Coming Soon public education piece mailed to all residents identifying program parameters. • Second Organics Recycling Roll-Out public education piece mailed to all residents. • Start kitchen caddie deliveries with public education hanging tags. • Conduct ongoing public workshops regarding the residential organics recycling program, including presentations at service clubs and community events, etc. • Meet with the City to review implementation and current level of activities. July 2022 • Start organics collection service. Adhere public ed hanging tag to organics cart. • Additional Contractor Field Representatives will be available to personally discuss new program implementation. • Ongoing kitchen caddie deliveries with public education hanging tags. • Conduct ongoing public workshops regarding the residential organics recycling program, including presentations at service clubs and community events. • Follow-up postcard mailed to all residential customers with program reminders and cart placement. • Meet with City to review any issue associated with this transition. Ongoing • Ongoing kitchen caddie deliveries with public education hanging tags. • Conduct ongoing public workshops regarding the residential organics recycling program, including presentations at service clubs and community events. • Ongoing Environmental Times newsletter included in the billing mailed out to residents along with supplemental organics information starting with the new organics recycling guide. 01203.0014/760636.2 A-136 • Meet with City to review any issue associated with the performance of this Agreement. 01203.0014/760636.2 A-137 Exhibit 3 -Initial Maximum Rates Effective April 1, 2022 Monthly Cart Service Rates One each Refuse, Recycling, and Organics Cart; rate based on size of Refuse Cart Refuse Cart Size: 35-gallon 64-gallon 96-gallon Standard Service $26.06 $33.54 $40.99 Additional Refuse Cart $7.98 $10.64 $13.31 Additional Recycling Cart No-charge No-charge No-charge Additional Organics Cart $2.67 NA $5.33 Backyard and Pup Service -Service Area 1 only Backyard Service -per home per month; all cart sizes $8.20 Pup Service -per home per month; all cart sizes $6.85 Backyard and Pup Service -per home per month; all cart sizes $10.94 Manual Backyard and Manure Service -Service Area 2 only Manual Backyard Service for refuse, recycling, and organics -per home per month $75.49 Manure Service 32-gallon customer-provided can -per can, per month $26.36 Additional Cart Collection Services Additional Special Overage Pickup -Automated Cart Customers (in excess of two pickups per $6.65 calendar year) Additional Bulky Item Pickups (in excess of three no-charge pickups per dwelling unit per $33.27 calendar year) Cart Exchange -one charge for exchange for all carts $19.97 Cart Re-delivery Fee (if carts are pulled for non-payment; one charge for delivery of all carts) $33.27 Re-start Fee -after voluntary suspension of service; if carts have not been pulled $19.97 01203.0014/760636.2 A-138 Exhibit 3 -Initial Maximum Rates Effective April 1, 2022 (continued) Monthly Multi-family Bin Rates Monthly Multi-family Refuse Bin Rates -Service Area 1 Bin Size Pickups per Week 1 2 3 4 2-yard $103.46 $144.19 $184.90 $205.28 3-yard 144.23 184.94 225.70 266.42 3-yard w/compactor 288.42 369.91 451.34 532.84 4-yard 164.66 205.31 266.42 327.52 4-yard w/compactor 329.31 410.63 532.86 655.04 6-yard $205.39 $275.51 $327.53 $388.65 Recycling Bin/Cart No charge Monthly Multi-family Refuse Bin Rates -Service Area 2 Bin Size Pickups per Week 1 2 3 4 2-yard $90.98 $126.83 $162.04 $180.19 3-yard 126.60 162.08 197.65 233.16 4-yard $144.43 $179.88 $233.21 $287.79 Manure 3-yard $164.81 Recycling Bin/Cart No charge Monthly Multi-family Rates for Organics Collection Service -Citywide Pickups per Week Bin Size 1 2 3 64-gallon $83.71 $167.43 $251.14 96-gallon 94.00 187.99 281.99 2-cubic yard $158.05 $316.09 $474.14 Each Additional Organics Bin/Cart: 64-gallon $79.53 $159.06 $238.58 96-gallon 89.30 178.59 267.89 2-cubic yard $150.14 $300.29 $450.43 Other Monthly Multi-famiy Bin Service Rates Locking Bin Service $8.79 $11.32 $12.83 $14.32 Scout Service -Per Cart $11.48 $19.96 $28.35 $36.79 Scout Service -Per Bin $34.45 $59.89 $85.06 $110.38 Bin Push-out Service $55.04 $98.14 $133.68 $166.52 (35 ft. or further) Additional Service Charges for Multi-family Bin Service Bin Cleaning per bin Additional Bulky Item Return Trip Fee Emergency Service Rate per Hour 5 6 $266.38 $283.88 327.48 340.38 654.97 680.74 399.02 424.09 795.31 848.23 $451.66 $472.19 5 6 $233.11 $268.63 287.75 323.47 $347.71 $402.88 $16.53 $18.03 $45.23 $53.67 $135.69 $161.00 $202.09 $239.02 I Portuguese Bend Beach Club -beach litter container collection per month (not to exceed) 01203.0014/760636.2 Extra Pickups $73.78 86.08 172.19 98.40 199.45 $147.60 Extra Pickups $19.77 32.96 $46.14 $32.96 Extra Pickups per Cart $33.49 37.60 $63.22 $46.42 $33.12 $40.00 $112.58 1s2,636.65 1 A-139 Exhibit 4 -Faithful Performance Bond KNOW ALL MEN BY THESE PRESENTS: That , a California corporation , as PRINCIPAL, and , a Corporation organized and doing business by virtue of the laws of the State of California, and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as SURETY, are held and firmly bound to City, hereinafter called OBLIGEE, in the penal sum of ($ ) lawful money of the United States, for the payment of which, well and truly to be made, we and each of us hereby bind ourselves, and our and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT: WHEREAS, the above bounden PRINCIPAL has entered into a contract, entitled "INTEGRATED SOLID WASTE MANAGEMENT SERVICES" with City, to do and perform the following work, to wit: Collect, Process and Dispose of Solid Waste generated within City, in accordance with the contract. NOW, THEREFORE, if the above bounden PRINCIPAL shall well and truly perform, or cause to be performed each and all of the requirements and obligations of said contract to be performed by said PRINCIPAL, as in said contract set forth, then this BOND shall be null and void; otherwise it will remain in full force and effect. And the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN WITNESS WHEREOF, said PRINCIPAL and said SURETY have caused these presents to be duly signed and sealed this DAY OF , 2021. a California Corporation By: (PRINCIPAL) (SEAL) 01203.0014/760636.2 SURETY By: (ATTORNEY IN FACT) (SEAL) A-140 From: David Bradley Sent: Saturday, January 15, 2022 1 :43 PM Ramzi Awwad To: Cc: Ara Mihranian; William Wynder; CityClerk; Barbara Ferraro Subject: RE : Late Correspondence for Regular Business Item 4-SB 1383 Regulatory Compliance Agreement w/ EDCO Ramzi, Thanks for the clarifications. Make the 7 to 5 year change and I'll be good . Dave David Bradley Mayor and Councilmember -Rancho Palos Verdes david.bradley@rpvca.gov (310) 487-2418 Cell Phone City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 902 75 From: Ramzi Awwad <rawwad@rpvca .gov> Sent: Saturday, January 15, 2022 1:31 PM To: David Bradley <david.bradley@rpvca.gov> Cc: Ara Mihranian <AraM@rpvca.gov>; Lauren Ramezani <LaurenR@rpvca.gov>; William Wynder <wwynder@awattorneys.com>; CityClerk <CityClerk@rpvca.gov>; Barbara Ferraro <barbara .ferraro@rpvca .gov> Subject: RE: Late Correspondence for Regular Business Item 4-SB 1383 Regulatory Compliance Agreement w/ EDCO Mayor Bradley, Below are the responses to your questions. 1. This contract (section 2.4) says 7 years base and 7 years option. I though we were going forward with 7 years base and 5 years option. Where did the 7 and 7 come from? I am embarrassed to say that this is a mistake . We are going forward with 7 years base and a 5 year option . Because the extension is non -binding, we skimmed over it in our haste to get the agreement done, and did not update it. We will revise the agreement to 7 years base and 5 years option before we post it as late correspondence and I will advise the Councilmembers of the update . 2. Section 2 .12 says "Contractor name may not include "Rancho Palos Verdes" or any other language indicating that the Contractor is a division of, or otherwise connected to, City." Currently all EDCO trash bins have our city logo and name on them, this seems to be in direct conflict to section 2.12. Are we intending EDCO to replace all of the current bins with EDCO specific branded bins? No. There is no intention to have EDCO replace all current bins with EDCO branded bins . This language is intended to apply to business structure and operations rather than the logo on the trash bins. 3. Exhibit 3, why is there an administrative "restart" fee of $19.97? 1 The restart fee is to cover EDCO's cost for stopping and restarting a customer's service due to a temporary suspension. In other words, if a resident is travelling for a few months and wants to stop service, there is an administrative fee to restart service. The "restart" fee is not new, it is included in the current agreement. 4. Exhibit 3, why is there a cart exchange fee of $19.97? I would assume that carts that were no longer functioning would need to be replaced (exchanged), but that would be at contractor expense to allow them to continue to perform their service. EDCO is required to replace one of each type of cart during the term of the agreement at no charge to customers, unless it can be proven that the loss of the container is due to the customer's intentional or negligent behavior. Therefore, carts that are no longer functioning are replaced at EDCO's expense-one time . This contract language is typically included in these types of agreements to protect haulers from any customers that may maliciously steal or destroy carts. As a practical matter, EDCO would likely replace customer carts upon request at no charge, except in egregious cases. The "cart exchange" fee is a service charge to exchange a cart for one of a different size. It is not new, it is included in the current agreement. If a customer wants to change their cart from a 96 gallon size to a 64 gallon size in order to reduce their monthly cost, EDCO charges a fee to make that change . We can add clarification language to the agreement. PVE residential trash contract renewal: This is good news; I will reach out to the Public Works Director. As always, please let me know if there is anything I can clarify further, or if there is any other information I can provide. Thanks, Ramzi From: David Bradley <david .bradley@rpvca.gov > Sent: Friday, January 14, 2022 7:05 PM To: Ramzi Awwad <rawwad@rpvca .gov > Cc: Ara Mihranian <AraM@rpvca.gov >; Lauren Ramezani <LaurenR@rpvca.gov >; William Wynder <wwynder@awattorneys.com >; CityClerk <CityClerk@rpvca.gov >; Barbara Ferraro <barbara.ferraro@rpvca.gov > Subject: RE: Late Correspondence for Regular Business Item 4-SB 1383 Regulatory Compliance Agreement w/ EDCO Ramzi, Happy Friday! Quick questions for you. 1. This contract (section 2.4) says 7 years base and 7 years option. I though we were going forward with 7 years base and 5 years option. Where did the 7 and 7 come from? 2. Section 2.12 says "Contractor name may not include "Rancho Palos Verdes" or any other language indicating that the Contractor is a division of, or otherwise connected to, City." Currently all EDCO trash bins have our city logo and name on them, this seems to be in direct conflict to section 2.12 . Are we intending EDCO to replace all of the current bins with EDCO specific branded bins? 3. Exhibit 3, why is there an administrative "restart" fee of $19.97? 2 4. Exhibit 3, why is there a cart exchange fee of $19.97? I would assume that carts that were no longer functioning would need to be replaced (exchanged), but that would be at contractor expense to allow them to continue to perform their service. On an interesting and related note, at today's Peninsula Mayors meeting, the PVE Mayor noted that their residential trash contact was up for renewal this year. She didn't think that they had any available options left on their basic contract, but didn't have the manpower to go out for bid. I told her we were in the final stages of finalizing our contract for the next 7 years. Per Section 2.13 there might be an opportunity to have EDCO give PVE a bid as an addendum to our contract and see if we could start to get savings by combining contracts . Please reach out to the PVE public works director or new city manager to see if we could get some synergies. Let us know what you find out. Thanks Dave David Bradley Mayor and Councilmember -Rancho Palos Verdes david.bradley@rpvca .gov (310 ) 487-2418 Cell Phone City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 902 75 From: Ramzi Awwad <rawwad@rpvca.gov > Sent: Friday, January 14, 2022 5:22 PM To: CC <CC@rpvca.gov > Cc: Ara Mihranian <AraM@rpvca .gov >; William Wynder <wwynder@awattorneys .com >; CityClerk <CityClerk@rpvca .gov > Subject: Late Correspondence for Regular Business Item 4-SB 1383 Regulatory Compliance Agreement w/ EDCO Honorable Mayor and City Councilmembers, Attached is the Restated and Amended Franchise Agreement with EDCO Disposal Corporation, which is Attachment A for Regular Business Item 4: Consideration and possible action to approve an amended and restated franchise agreement for solid waste collection with EDCO Disposal Corporation. The attachment will post on Monday. Attachment B, Notice of Proposed Solid Waste Rate Adjustments and Public Hearing (1.5 pages), is forthcoming and will also be posted on Monday. Sincerely, 3 Ramzi Awwad Public Works Director rawwad@rpvca.gov Phone -(310) 544-5275 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov . --• ,. .. # ' t, \ ! I • r ' , • ! ~ • ~~ • App Store • Goog le Play This e-mail message contains information belonging to the City of Rancho Palos Verdes, which may be privileged , confidential and/or protected from disclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distribution, or copying is strictly prohibited . If you received this email in error, or ar e not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation . Due to the current surge of the COVID-19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through January 30, 2022, unless further notification is provided. Several members of the City's workforce are being asked to work remotely during this time . Inquiries will continue to be reviewed on a daily basis. Please be patient with us as there may be delays or minor inconveniences in responding to your inquiry. 4