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20220315 Late Correspondence1 From:Teresa Takaoka Sent:Friday, March 18, 2022 1:23 PM To:CityClerk Subject:Fw: Item #3 - March 15th Council Agenda: Biking in Parks From: Teresa Takaoka <TeriT@rpvca.gov> Sent: Monday, March 14, 2022 3:25 PM To: CityClerk <CityClerk@rpvca.gov> Subject: FW: Item #3 ‐ March 15th Council Agenda: Biking in Parks LC From: Sajid Mohamedy <sajid.mohamedy@gmail.com> Sent: Monday, March 14, 2022 3:25 PM To: CC <CC@rpvca.gov>; Parks <Parks@rpvca.gov> Subject: Item #3 ‐ March 15th Council Agenda: Biking in Parks CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Hello Mayor & Council Members, I hope this email finds you well. I'm a homeowner in RPV, and lucky enough to have my doors open up to Hesse Park. As you might agree, Hesse and the other parks in RPV are absolute gems. There's so much for people of all ages to enjoy in our parks. However, one glaring shortcoming of our city is that our parks do not have a place for our children to ride bikes. In fact, there really isn't any safe and open space in the city for children ‐‐ especially the young ones ‐‐ to learn and ride. I'm also the parent of a 7 year old boy, 5 year old girl and 8 month baby. Teaching the two older ones to ride a bike, and sharing rides alongside them, is such an amazing experience for me as a dad. But I'm disappointed that a wonderful city like RPV does not have any parks for young kids to learn and ride. I would love for them to enjoy riding safely in our own neighborhood parks, which is such a quintessential childhood experience. Instead, I've had to drive them to parks in neighboring cities (like Torrance, Redondo and Hermosa) to learn and ride. Alternatively, I have to find cul de sacs in our area for them to ride in, and am nervously on guard to make sure no car takes a fast turn into the street ‐‐ which is a safety concern of itself. I know security is likely a concern for some people. But I'd offer some thoughts on this: Most park bicyclists are between 2 to under 10 years old. This age group is usually with a grown up, and not reckless/disruptive. They're just little children Most adults, including seniors, that I've come across in other city parks are very supportive, sweet and happy to see my children riding their bikes. It creates a wonderful shared atmosphere Most Tier‐A cities like RPV allow bikes in parks and manage the safety aspect; I'm sure we can figure it out also Thank you for your time, and I appreciate you letting kids be kids in our wonderful city. ‐Sajid Mohamedy 3 1 From:Katie Lozano Sent:Tuesday, March 15, 2022 6:53 PM To:CityClerk Subject:Late Correspondence for Agenda Item #4 Attachments:Lease Agreement Willscot.docx; Willscot Exhibit.pdf Please find attached corrected agreement with Willscot Mobile Mini submitted as late correspondence on May 15, 2022 at 6:52 p.m. Thank you! Katie Katie Lozano Senior Administrative Analyst Recreation and Parks Department katiel@rpvca.gov Phone ‐ (310) 544‐5267 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov 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 are not an intended recipient, please notify the sender immediately. Thank you for your assistance and cooperation. 4 Page | 1 WILLIAMS SCOTSMAN, INC. ( “WILLSCOT”) LEASE AGREEMENT TERMS & CONDITIONS (11/22/2021) Revised (03/09/22) for CITY OF RANCHO PALOS VERDES 1. All capitalized terms used and not otherwise defined herein, will have the mean ings set forth in the Lease Agreement or other Addenda or Amendments thereto. As used in these terms and conditions, the following definitions shall apply: “Lease Agreement” The “Lease Agreement” and these “Lea se Agreement Terms and Conditions” along with any “Addenda” or “Amendments” thereto together comprise the “Lease Agreement” between the p arties. “Modular Equipment” shall mean the trailer(s) and/or relocatable, modular, and/or other prefabricated structure(s) supplied by Lessor. “Ancillary Products” shall mean any and all other products or services which are selected by Lessee and provided by Lessor which are offered for rental with, included in, attached to, or appurtenant to the Modular Equipment, and set forth in this Lease Agreement. “Equipment” shall collectively mean the Modular Equipment and the Ancillary Products provided to Lessee by Lessor under this Lease Agreement. 2. True Lease. The Lease Agreement is a true lease and not an agreement for sale; and the Equipment is movable, personal property of Lessor and not a fixture. Lessee shall not obtain any ownership interest in the Equipment. 3. Commitment of Resources. By signing this Lease Agreement, Lessee authorizes Lessor to proceed with the order for the Equipment, and agrees that Lessor may immediately begin incurring costs in preparing the Equipment for Lessee’s use. In the event Lessee terminates this Lease Agreement or wrongfully rejects Equipment prior to the commencement of the Minimum Lea se Term, Lessee shall be responsible for the payment to Lessor of: a) the costs incurred by Lessor for labor, materials and work executed up to Lessor’s receipt of written notice of termination; and b) storage related charges attributable to failed delivery 4. Delivery; Acceptance; Delay. Within three (3) business days of delivery, Lessee shall inspect the Equipment and notify Lessor in writing of any defects. Unless Lessor receives timely written notice from Lessee, Lessee is deemed to have accepted th e Equipment. If delivery of the Equipment is delayed through fault or request of Lessee for a period of more than thirty (30) days from the delivery date set forth in the Lease Agreement, Lessee shall pay Lessor a storage fee equal to 15% of the Total Rental Charges for each thirty (30) day period of delay, or portion thereof, until the Equipment is delivered, in addition to any other rent, charges and fees due. Any such storage fees shall not affect commencement of the Minimum Lease Term. 5. Term of Lease; Extension. The term of this Lease Agreement begin s on the date of delivery of the Equipment and ends on the last day of the Minimum Lease Term or the Extension Period (“Term”). Lessee has no right to cancel or terminate this Lease prior to the Expiration of the Minimum Lease Term except due to Lessor’s uncured default. Acceptance of Equipment returned to Lessor prior to expiration of the Minimum Lease Term or any Extension Period does not constitute a release of Lessee’s rental obligations. If Le ssee nonetheless prematurely terminates this Lease without cause, Lessee unconditionally agrees to pay a termination/cancellation fee equal to the remaining payments for the unfulfilled Minimum Lease Term, any applicable charges for services or modifications performed by Lessor to make the Equipment ready for Lessee’s use, and any applicable charges related to Ancillary Products, plus the Final Return Charges. Lessee shall not be liable for any early termination fee if the Lease is terminated and the Equipment is returned after at least twenty-six (26) Billing Cycles. Lessor reserves the right to charge fuel surcharges at its discretion. At the time of return of the Equipment, Lessee shall be responsible for any Final Return Charges including, but not limited to, dismantle, return freight charges, knockdown or fuel surcharges, charged at Lessor's then prevailing rate at the time of surrender . Lessee acknowledges and agrees that any Final Return Charges quoted to Lessee for dismantle, return freight, knockdown, or fuel charges are estimates only and such Final Return Charges shall be charged at Lessor’s prevailing market rates at the time of return, provided that there shall be no increase of Final Return Charges if Equipment is returned within the thirty-nine (39) billing period term, but if returned after the thirty-nine (39) billing period term then costs may increase to current market value. At the end of the Minimum Lease Term, this Lease Agreement is automatically extended on a month-to-month basis on the same terms and conditions until the Equipment is returned to Lessor (the “Extension Period”); except that Lessee’s rental rate shall be automatically adjusted to Les sor’s then prevailing renewal rental rate and Lessor can change or increase any other fee due under the Lease Agreement. After the end of the Minimum Term, either party can terminate this Lease Agreement on thirty (30) days written notice. 6. Site Suitability; Inspection. Lessee sh all bear the sole responsibility for, and bear any costs necessary to prepare or remediate Lessee’s site to ensure its suitability and stability for placement of the Equipment. Please visit the Site Suitability Addendum to these Terms and Conditions at www.willscot.com for specific site suitability requirements. LESSEE SHALL NOT STACK THE MODULAR EQUIPMENT UNLESS LESSOR HAS PROVIDED CONSENT TO SUCH STACKING IN WRITING. 7. Use; Maintenance; Condition. Lessee shall use the Equipment solely for commercial business purposes and assumes all responsibility for any and all licenses, permits, certificates, clearances, consents, or approvals as may be required for Lessee’s lawful use, installation, operation, possession and occupancy of the Equipment, including without limitation utility locates, and Lessee shall pay the cost and expenses and comply with all laws rules, regulations and orders of local, state, and federal governmental authorities. This is an absolute net lease. Lessee is solely responsible for routine maintenance, including without limitation janitorial services, pest control, changing of HVAC filters, light bulbs, and ballasts, cleaning (by qualified HVAC technicians only) the HVAC condenser and evaporator coils, refilling HVAC refrigerant, and removal of water, ice and snow from and about the Equipment. Lessee sh all, at its sole cost, keep the Equipment clean, in good repair and safe operating condition at all times during the Term in accordance with the Williams Scotsman Service Guide, which Lessee acknowledges receipt. Lessee shall not make any changes in, or to the Equipment and shall not remove any identifying insignia affixed to the Equipment without Lessor’s consent. Lessee shall keep the Modular Equipment properly ventilated and shall not allow any condition to exist that allows standing water to accumulate in, on, or under the Equipment. Damage, d eterioration, or contamination of the Equipment due to water exposure is not considered ordinary wear and tear. Lessee i s solely responsible for damage due to settling , or caused by moisture or water. Lessor has the right to inspect the Equipment at any time upon reasonable notice, unless due to emergency. If Lessor believes the Equipment to be misu sed or neglected, Lessor may, with written notice , declare the Lease Agreement in default and repossess the Equipment at Lessee’s sole cost. Lessee assumes full responsibility for any Ancillary Products and/or other items missing from the Equipment upon return. Any special requirements with respect to the Equipment shall be handled on a case-by-case basis. Lessor makes no representations as to the Equipment’s compliance with the laws, codes, or requirements of any jurisdiction. Lessee agrees that the Equipment leased hereunder will not be occupied by any person other than Lessee, its agents, employees, or invitees and will not be used for residential or dormitory purposes. [For Equipment delivered in California: PURSUANT TO CALIFORNIA CIVIL CODE SECTION 1938 LESSEE IS HEREBY NOTIFIED THAT THE EQUIPMENT LEASED HEREUNDER HAS NOT UNDERGONE AN INSPECTION BY A CERTIFIED ACCESS SPECIALIST (CASP).] 8. Ancillary Products. Lessee understands that some Ancillary Products originate from third -party suppliers. If Ancillary Products are leased, Lessee’s sole remedies for defects arising during the lease term shall be against the manufacturer thereof, pursuant to the terms of the manufacturer’s written warranty, if any. Lessee acknowledges and is fully aware of the potential hazards in using th e Ancillary Products, and agrees to assume all risk. WILLIAMS SCOTSMAN DOES NOT OFFER ANY EXPRESS WARRANTY ON ANCILLARY PRODUCTS AND DISCLAIMS ANY IMPLIED WARRANTIES ON ANCILLARY PRODUCTS, INCLUDING WITHOUT LIMITATION ANY IMPLIED W ARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 9. Hazardous Materials. Le ssee shall not have pre sent, any Hazardous Materials, as such term is defined under the law of any jurisdiction, in, on, under, or near the Equipment, unless Lessor shall have first con sented in writing to such presence of Hazardous Materials, in which case Lessee shall be solely responsible for handling and disposing of such Hazardous Materials in accordance with applicable law. Lessee shall bear the cost for any necessary testing, inspection, or decontamination of the Equipment determined to be necessary by Lessor. If the Equipment cannot be decontaminated, the Equipment shall be deemed a Total Loss and Lessee assumes full responsibility for the Equipment including the disposal thereof, and shall pay Le ssor the Equipment Value as set forth on th e Lease Order Agreement plus all applicable Taxes and Fees in accordance with Section 14 herein. 10. Rent; Fees; Taxes; Late Charges. Rent for the Equipment begins to accrue upon delivery of the Equipment (the “Delivery Date”). Lessee shall be billed on a 28- day cycle in advance (“Billing Cycle”) at the Rate stated in this Lease Agreement during th e Minimum Lease Term, and at the Rate established by Lessor during any Extension Period. Lessor shall not prorate any fraction of a billing cycle. Lessee shall be solely liable for any and all (i) sales and use tax, rental tax, gross receipts tax, transaction privilege tax, Page | 2 value-added tax, goods and services tax, and similar transactional taxes (“Sales Taxes”), (ii) ad valorem, real property, and ownership tax/personal property taxes (“Property Taxes”), and (iii) related third-party fees, other fees and charges (“OFC”) and expenses (“Fees”) (the items set forth in clauses (i), (ii), and (iii), hereinafter referred to as “Taxes and Fees”). Les see shall pay, or shall reimburse, Lessor for any Taxes and Fees related to the Equipment, and its value, use, or operation or levied against or based upon the amounts paid or to be paid under this Lease Agreement. PAYMENT TERMS ARE NET TWENTY-FIVE (25) DAYS PLUS TWENTY (20) DAYS GRACE PERIOD FROM RECEIPT OF INVOICE. Lessee shall provide explicit payment application directions with each and every payment. In the absence of such explicit directions, Lessor may apply any payment from Lessee against any obligation due and owing by Lessee. Lessor may accept any payment irrespective of endorsement and deposit same without prejudice to its right to recover t he balance. Lessee’s obligation, without prior notice or demand, to pay rent and all other amounts due hereunder shall be unconditional and not subject to any set off or reduction for any reason whatsoever. Invoices are issued solely for Lessee’s convenience. ELECTRONIC BILLING IS THE LESSOR’S PREFERRED BILLING METHOD. LESSEE SHALL P ROVIDE A VALID ELECTRONIC MAIL ADDRESS FOR RECEIVING INVOICES. LESSOR’S PREFERRED PAYMENT METHOD IS ACH. LESSOR RESERVES THE RIGHT TO CHARGE AN ADMINISTRATIVE FEE FOR PAPER INVOICE, PAPER CHECK OR SPECIAL BILLING REQUESTS. 11.No Liens. Lessee shall keep the Equipment free and clear of any and all claims, liens, security interests, encumbrances, or attachments. 12.Indemnity. Lessor shall have no liability for injury, death or property damage due to the negligence or willful misconduct of Lessee, and/or any other third parties, conditions existing at Lessee's site and/or other conditions beyond Lessor's control. 13. Loss; Damage. Lessee assumes the risk of all loss and damage to the Equipment from all causes. Upon the occurrence of the total loss of a ny or all of the Equipment, to such an extent as to make the repair thereof uneconomical (in Lessor’s sole opinion ), Lessor shall declare the relevant Equipment a “Total Loss”. In the event of a Total Loss of the Modular Equipment, Lessee shall pay Lessor on the next date for the payment of rent: the rent then due; plus the value of the Modular Equipment (the “Equipment Value”) as stipulated in the Lease Agreement; plus the value of all destroyed Ancillary Products; less all insuran ce proceeds actually paid and/or assigned to Lessor from insurance maintained by Lessee; plus all applicable Taxes and Fee s and/or tran sfer taxes (together the “Total Loss Amount”). Upon Lessor’s receipt of the Total Loss Amount, Lessee’s lease obligation will terminate and Lessor will transfer available ownership documents to the Modular Equipment to Lessee, unless Lessor agree s in writing to dispose of the Modular Equipment and any destroyed Ancillary Products at Lessee’s sole cost and expen se. In the event of loss or damage to any or all of the Equipment that does not constitute a Total Loss, Lessee, at its sole cost and expen se, shall pay or reimburse Lessor, to the extent Lessor has not been paid or reimbursed from insurance maintained by Lessee, for the repair of such damage as directed by Lessor to the condition required by this Lease Agreement. Any loss or damage to any or all of the Equipment shall not reduce or otherwise abate Lessee’s obligation to pay all rental payments when due. 14.Insurance. Le ssee’s responsibility for the Equipment begins immediately upon delivery. Unless Lessee has elected in writing to participate in Lessor’s Property Damage Waiver Program and/or Commercial General Liability Program and pay s the required additional fees, Lessee shall carry during the entire Minimum Lease Term and Extension Period liability and property insurance as follows: (A) General Liability Insurance: A policy of combined bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount not less than $1,000,000 per occurrence. (B) Property Insurance: A policy of insurance covering all loss or damage to the Equipment, including flood and earthquake, for not less than 100% of the Equipment Value and the Ancillary Products value as establi shed by Lessor for the full term of the Lease Agreement. (C) General. (1) Lessee’s insurance for the Equipment shall be issued by insurance companies satisfactory to Le ssor. Such insuranc e shall be primary, and any other coverage carried by the Lessor shall be excess and non -contributory. Within ten (10) days after the delivery of the Modular Equipment, Lessee shall provide Lessor with evidence of the required insurance and naming Lessor as Additional Insured and Loss Payee. The evidence of insurance must provide Lessor with thirty (30) days prior written notice of any cancellation or termination. Any proceeds of such insurance shall be paid to Lessor and shall be applied to the replacement of the Equipment , or payment of monies due under this Lease Agreement, at the option of Lessor. Lessee shall comply with all requirements of th e insurance underwriters or any governmental authority . (2) Lessee shall pay a Missing or Expired Evidence fee for each month that Lessee fails to timely provide the required evidence of insurance for property coverage or for liability coverage. Such fees shall be calculated by Lessor at its then- prevailing rate(s). Payment of Missing or Expired Evidence fees shall not provide Lessee with any in surance coverage, nor excuse Lessee from performing its obligations under Sections 1 2 & 13. 15.Defaults; Remedies. Each of the following shall constitute an “Event of Default”: (1) failure to make any payment within ten (10) days after its due date plus the grace period; (2) failure to perform any other term of this Lease Agreement; (3) abandonment of the Equipment; (4) material misrepresentation or false statement of fact by Lessee; or (5) default under any other agreement with Williams Scotsman. (B) Upon the occurrence of an Event of Default, Lessor may declare this Lease Agreement to be in default, and shall provide Lessee written notice of said Event of Default and ten (10) days to cure. If Lessee does not cure the Default within ten (10) days of receiving written notice, Lessor thereafter may exercise any of the following remedies: (1) Declare immediately due and payable the rent for the Minimum Lease Term and any Extension Period thereof, together with all other unpaid rent, fees, taxe s, and charges (including but not limited to delay/storage fees and/or termination charges under this Lease Agreement and/or any other agreement with Williams Scotsman); (2) Repossess and/or retain any or all of the Equipment free of all rights and claims of Lessee without notice, without legal process or judicial intervention, and without releasing Lessee of any term, covenant or condition provided herein and Lessee grants Lessor access and permission to enter the property on which the Equipment is located to remove the Equipment and Lessor shall have the right to remove any locks on the Equipment; (3) Sell or dispose of any of the Equipment, whether or not in Lessor’s possession, in a commercially reasonable manner and apply the net proceeds of such disposition, after deducting all costs, to the obligations of Lessee with Lessee remaining liable for any deficiency; (4) Terminate this Lease Agreement and/or any other agreement with Lessor; and/or (5) Exercise any other remedy available to Lessor at law. Lessor’s waiver of any Event of Default shall not constitute a waiver of any other Event of Default or a waiver of any term or condition of this Lease Agreement. No right or remedy referred to herein is intended to be exclusive and each may be exercised concurrently or separately and from time to time. In the event of repossession, Lessee waives any bond posting requirement. If Lessor repossesses the Equipment, and the Equipment contains any property owned or possessed by Lessee, then Lessee authorizes Lessor to take possession and remove and dispose of such property and Lessee shall have no claim again st Lessor for such property. 16.Return of Equipment; Termination of Lease. At the end of the Minimum Lease Term or any Extension Period, Lessee shall take all actions necessary to make the Equipment available to Lessor for recovery using Lessor’s standard equipment and process, including without limitation removing all personal property of Lessee, leaving any Ancillary Products in the Equipment, opening/unlocking any enclosure, and providing full access to the site and Equipment. Lessee shall bear all additional charges incurred as a result of any impediment to Lessor’s recovery of the Equipment. Lessee shall provide Lessor with at least thirty (30) days advance written notice of the return of the Equipment. In the event Lessee does not provide thirty (30) days advance written notice of the return of the Equipment and such earlier pick -up of the Equipment is requested by Lessee (and can be effected by Lessor), Lessee shall reimburse Lessor for any related costs associated with the immediate pick-up of the Equipment. The Equipment shall be returned to Lessor in the same condition as delivered to Lessee, reasonable ordinary wear and tear excepted. Termination will become effective only when the Equipment has been returned to Lessor as herein provided and Lessee has paid Lessor all unpaid rental and other charges applicable to the Equipment. Lessee hereby consents to entry by Lessor or its designees upon the premises where the Equipment may be located for return or repossession of the Equipment. Lessor shall not be responsible for site restoration, including without limitation restoration of plants or landscaping. Lessor shall not be liable for any damage to any personal property left in or on the Equipment or for keeping or storing any personal property of Lessee left in or on the Equipment. Such property will be deemed abandoned by Lessee. Any accessories and additions to the returned Equipment shall be deemed to be part of the Equipment and the property of Lessor. Notwithstanding anything to the contrary herein, Lessee shall reimburse Lessor for any and all costs incurred related to the return of the Equipment and in repairing cleaning, or otherwise restoring the Equipment to its condition when delivered in accordance with Lessor’s standard rates. 17. Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, lig ht bulbs, or other ordinary course repairs or m aintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Le ssor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesse e. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES Page | 3 OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE. 18. Limitation of Liability. Lessee’s exclusive r emedies for Lessor’s breach of this Lease are limited to those set forth in this Lease Agreement. NOTWITHSTANDING ANY OTHER PROVISION HEREIN, NEITHER PARTY SHALL HAVE ANY LIABILITY FOR LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS, OR EXPENSES, INCLUDING WITHOUT LIMITATION LOST US E, PROFITS, OR BUSINESS OPPORTUNITIES, ARISING FROM THIS LEASE AGREEMENT, THE EQUIPMENT, THE WRITTEN WARRANTY, OR ANY OTHER CAUSE OR FACTOR. NOTWITHSTANDING THE FOREGOING, LESSOR’S RIGHT TO RECOVERY OF THE RENTAL MONIES FOR THE MINIMUM LEASE TERM, IN THE EVENT OF LESSEE’S UNCURED DEFAULT IN ITS PERFORMANCE OF ITS MATERIAL OBLIGATIONS, SHALL NOT BE CONSIDERED A CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGE BY THE PARTIES. 19. Miscellaneous. (a) Time is of the essence with respect to this Lease Agreement. (b) This Lease Agreement, when signed by both parties, con stitutes the entire agreement between the parties, superseding and replacing all prior documents and representations with respect to the subject matter her eof. It may only be amended by a document signed by both parties. The terms of any documents submitted by Lessee are superseded and replaced in their entirety by the terms and conditions of this Lease Agreement and shall have no binding effect upon Lessor, its agent s, and its employees. Acknowledgement by Lessor of any Lessee documents shall be only for Lessee’s billing purposes only. (c) Lessee shall not assign thi s Lease Agreement or sublet the Equipment without the prior written consent of Lessor. This Lease Agreement shall be binding upon any assignee or successor of Lessee. Le ssor may assign any of its rights, remedies, responsibilities, and/or obligations hereunder without notice to Lessee. Lessor reserves the right to charge Lessee and Lessee agrees to promptly pay for any Equipment, material or labor furnished by Lessor which is not described in this Lease Agreement and/or in the Williams Scotsman Proposal, if applicable (“Extra Work”); (d) If any provision of this Lease Agreement is deemed unenforceable for any reason, then such provision shall be deemed stricken and shall not affect the enforceability of any of its other provisions. Notwithstanding anything contained herein to the contrary, if it should be determined by a court of competent jurisdiction that any indemnification or other protection afforded to an indemnitee under Section 1 2 would be in violation of or otherwise prohibited by any applicable law, then Section 12 shall automatically be deemed to be amended in a manner which provides the maximum indemnification and other protections to such indemnitee consiste nt with such applicable law. (e) The obligations of Lessee under Sections 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 18 and 19 which accrue upon execution of this Lease Agreement, shall survive the termination of this Lea se Agreement. (f) If Lessee fails to perform any of its obligations hereunder, Lessor shall have the right to substitute performance; the amount of any out-of-pocket and other reasonable expenses of Lessor incurred in connection with such performance shall be payable by Lessee upon demand. Failure of Lessor to exercise any right or remedy herein, or the waiver b y Lessor of any breach, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights, or remedies. (g) Lessor shall not be responsible for delays beyond its control. (h) The delivery, installation, takedown, return and/or any work related to the Equipment as agreed to by Lessor and Lessee in the Lease Order Agreement or any amendment thereto will be performed by Lessor using its standard workforce and labor rates unless otherwise agreed to in writing by Lessor prior to the placement of the order for the Equipment. Lessee agrees that Lessor may use Lessor subcontracted workers for the performance of any work. (j) this Lease Agreement shall be governed by and interpreted under California law. All legal actions arising out of or related to this Lease Agreement shall be filed and conducted exclusively in a state or federal court in Los Angeles County, California. Lessor hereby reserves its common law right of offset. Lessee hereby waives any and all rights to or claims of sovereign immunity. (k) If either party to this Lease Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Lease Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether l egal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment. (l) Each party is h ereby authorized to accept and rely upon a facsimile signature or electronic signature of the other party on this Lease Agreement or any Amendment hereto, or on counterpart copies of the foregoing documents. Any such signature shall be treated as an original signature for all purposes. (m) Each party is hereby authorized to accept and rely upon documents in paper or electronic format. (n) Lessor may amend these terms and conditions from time- to-time and such amended terms sh all be effective thirty (30) days after notice is provided to Lessee. If Lessee does not object in writing to such amended terms before their effective date, such terms shall be d eemed to take precedence. CITY OF RANCHO PALOS VERDES (Rev 03/09/22) RAS Mobile Office 64 x 12 •Size •64’ Long (including hitch) •60’ Box Size •12’ Wide •8’ Ceiling height •Interior Finish •Paneled walls •Vinyl tile floors •T-grid ceiling •Electric •Fluorescent ceiling lights •120/240 volt single phase electric •100 amp breaker panel •Windows/Door •Horizontal sliding windows •Steel door with commercial grade lock Specifications Additional floor plans available. Floor plans and specifications may vary from those shown and are subject to in -stock availability (Especially exterior door placement) •Heating and Cooling •Thermostatically controlled central •HVAC unit •Supply ducted •Exterior Finish/Frame •Wood siding •I-beam or c-channel frame •Standard drip rail gutters X ______________________ Customer Signature Lease Agreement Lessee: 0010492335 CITY OF RANCHO PALOS VERDES 30940 HAWTHORNE BLVD PALOS VERDES PENINSULA, California 90275 Contact: Norma Saldana 30940 HAWTHORNE BLVD PALOS VERDES PENINSULA, CA 90275 Phone: 4243270132 Email: nsaldana@rpvca.gov Ship To Address: 30940 Hawthorne Blvd RANCHO PALOS VERDES, CA 90275 US Delivery Date (on or about): 03/22/2022 Rental Pricing Per Billing Cycle Quantity Price Extended 64x12 Mobile Office (60x12 Box) 1 $800.00 ADA/IBC Ramp -w/ switchback 1 $357.00 $357.00 ADA/IBC Step w/ Canopy 1 $100.00 $100.00 Minimum Lease Billing Period: 39 Total Recurring Building Charges: $800.00 Billing Cycle: 28 Days Subtotal of Other Recurring Charges: $457.00 Total Recurring Charges Per Billing Cycle: $1,257.00 Delivery & Installation Fuel Surcharge Delivery 1 $125.10 $125.10 Fuel Surcharge Return 1 $125.10 $125.10 CA Transport Delivery Fee 1 $100.00 $100.00 CA Transport Return Fee 1 $100.00 $100.00 Ramp - Delivery & Installation 1 $1,600.00 $1,600.00 Ramp - Knockdown & Return 1 $1,300.00 $1,300.00 Essentials Material Handling 1 $490.33 $490.33 Tiedown-Asphalt Removal 12 $36.24 $434.88 Delivery Freight 1 $695.00 $695.00 Block and Level 1 $232.86 $232.86 Teardown 1 $150.00 $150.00 Return Freight 1 $695.00 $695.00 Tiedowns into asphalt 12 $93.76 $1,125.12 Total Delivery & Installation Charges: $7,173.39 Final Return Charges* Due On Final Invoice*: $0.00 Total Including Recurring Billing Charges, Delivery, Installation & Return**: $56,196.39 Comments *This project was priced at regular wages (non-prevailing/non-union/non-PLA wages) assuming level and accessible site. Data capability, air purifier, and window/door security included. Items will show on first invoice for inventory purposes. Applicable taxes and/or fees are not included and will be listed on the initial invoice. *Please note this quote does not account for any Permits and/or Pilot Cars that may be required for delivery. Summary of Charges Model: MO6412 Quantity: 1 Total Charges for(1) Building(s): $56,196.39 Williams Scotsman, Inc. Your WillScot Representative Aaron Zabel, Sales Representative Phone: (559) 498-5905 Email: aaron.zabel@willscot.com Toll Free: 800-782-1500 Contract Number: 1562738 Revision: 7 Date: November 11, 2021 Page 1 of 3 Insurance Requirements Addendum QTY PRODUCT EQUIPMENT VALUE/BUILDING DEDUCTIBLE PER UNIT 1 MO6412 $31795.00 $3000.00 Lessee: CITY OF RANCHO PALOS VERDES Pursuant to the Williams Scotsman Lease Agreement and its Terms and Conditions ("Agreement"), a Lessee is obligated to provide insurance to Williams Scotsman, Inc. ("Lessor") with the following insurance coverage: 1. Commercial General Liability Insurance: policy of combined bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount not less than $1,000,000 per occurrence, naming the Lessor as Additional Insured and Loss Payee. 2. Commercial Property Insurance: covering all losses or damage, in an amount equal to 100% of the Equipment Value set forth in the Lease providing protection against perils included within the classification and special extended perils (all "risk" insurance), naming the Lessor as Additional Insured and Loss Payee. Commercial General Liability Insurance Lessee is providing Commercial General Liability Insurance in accordance with the requirements set forth in the Lease Agreement and Lessee shall provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee fails to deliver the required certificate of insurance, Lessee understands and agrees that the Lessor has the right to impose a missing insurance certificate fee. Commercial Property Insurance Lessee is providing Commercial Property Insurance in accordance with the requirements set forth in the Lease Agreement and shall provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee fails to deliver the required certificate of insurance, Lessee understands and agrees that the Lessor has the right to impose a missing insurance certificate fee. FOR INFORMATIONAL PURPOSE ONLY: Please forward this document to your insurance carrier. Williams Scotsman, Inc. Your WillScot Representative Aaron Zabel, Sales Representative Phone: (559) 498-5905 Email: aaron.zabel@willscot.com Toll Free: 800-782-1500 Contract Number: 1562738 Revision: 7 Date: November 11, 2021 Page 2 of 3 Clarifications *Final Return Charges are estimated and will be charged at Lessor's prevailing rate at time of return. **All prices exclude applicable taxes. All Lessees and Leases are subject to credit review. In addition to the stated prices, customer shall pay any local, state or provincial, federal and/or personal property tax or fees related to the equipment identified above ("Equipment"), its value or its use. Lessee acknowledges that upon delivery of the Equipment, this Agreement may be updated with the actual serial number(s), delivery date(s), lock serial number(s), etc, if necessary and Lessee will be supplied a copy of the updated information. Prices exclude taxes, licenses, permit fees, utility connection charges, site preparation and permitting which is the sole responsibility of Lessee, unless otherwise expressly agreed by Lessor in writing. Lessee is responsible for locating and marking underground utilities prior to delivery and compliance with all applicable code requirements unless otherwise expressly agreed by the Lessor in writing. Price assumes a level site with clear access. Lessee must notify Lessor prior to delivery or return of any potentially hazardous conditions or other site conditions that may otherwise affect delivery, installation, dismantling or return of any Equipment. Failure to notify Lessor of such conditions will result in additional charges, as applicable. Physical Damage & Commercial Liability insurance coverage is required beginning on the date of delivery. Lessor is not responsible for changes required by code or building inspectors. Pricing is valid for thirty (30) days. Please note the following important billing terms: •In addition to the first billing period rental and initial charges, last billing period rent for building and other recurring rentals/services (excluding General Liability Insurance and Property Damage Waivers), will be billed on the initial invoice. Any amounts prepaid to Williams Scotsman will be credited on the final invoice.•Invoices are due on receipt, with a twenty (20) day grace period. Interest will be applied to all past due amounts.•Invoices are due on receipt, with a twenty (20) day grace period. Late fees will be applied to all past due amounts.•Williams Scotsman preferred method of payment is ACH. Payments made by check are subject to a Paper Check Fee, charged on the next invoice following payment by check.•Williams Scotsman preferred method of invoicing is via electronic transmission. Customers are encouraged to provide an email address or use MMConnect. Invoices sent standard mail are subject to a paper invoice fee, charged on the following invoice. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor Modular Equipment and Value Added Products (as such items are defined in Lessor's General Terms & Conditions) selected by Lessee as set forth in this Agreement. All such items leased by the Lessee for purposes of this Lease shall be referred to collectively as the "Equipment". By its signature below, Lessee hereby acknowledges that it has read and agrees to be bound by the Lessor's General Terms & Conditions (5-5-21) located on Lessor's internet site (https://www.willscot.com/About/terms-conditions) in their entirety, which are incorporated herein by reference and agrees to lease the Equipment from Lessor subject to the terms therein. Although Lessor will provide Lessee with a copy of the General Terms & Conditions upon written request, Lessee should print copies of this Agreement and General Terms & Conditions for recordkeeping purposes. Each party is authorized to accept and rely upon a facsimile signature, digital, or electronic signatures of the other party on this Agreement. Any such signature will be treated as an original signature for all purposes and shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter into and execute this Agreement and bind the respective party thereby. Invoicing Options (select one) [\cb1_1_yes\ ]Paperless Invoicing Option Williams Scotsman prefers electronic invoicing, an efficient, convenient and environmentally friendly process. To avoid fees, provide us with the proper email address for your invoices Corrected Email Address: \ebe1\ [\cb2_1_yes\ ]Standard Mail Option Customer prefers to receive paper invoice via mail. Fees may apply. Invoices will be mailed to: 30940 HAWTHORNE BLVD PALOS VERDES PENINSULA, California 90275 Enter a new billing address: _____________________________ Signatures Lessee: CITY OF RANCHO PALOS VERDES Lessor: Williams Scotsman, Inc. Signature: \s1\ Signature: \s2\ Print Name: \n1\ Print Name: \n2\ Title: \t1\ Title: \t2\ Date: \d1\ Date: \d2\ PO#: \po1\ \po#1\ PLEASE RETURN SIGNED AGREEMENT TO: LAXLeases@willscot.com Williams Scotsman, Inc. Your WillScot Representative Aaron Zabel, Sales Representative Phone: (559) 498-5905 Email: aaron.zabel@willscot.com Toll Free: 800-782-1500 Contract Number: 1562738 Revision: 7 Date: November 11, 2021 Page 3 of 3 DF DF TO: FROM: DATE: SUBJECT: CITYOF RANCHO PALOS VERDES HONORABLE MAYOR & CITY COUNCIL MEMBERS CITY CLERK MARCH 15, 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. Description of Material 1 3 4 5 Email exchanges between EDCO Representative Steve South and Carol Mueller; Email exchanges between Senior Administrative Analyst Ramezani and: Carol Mueller; Marc Schwarting; Les Chapin; Judy Maizlish; Larry Maizlish; and Anna Chhabria Email from Julie Hamill Attachment A (Willscot Mobile Mini Agreement); Email exchange between Mayor Bradley and Senior Administrative Analyst Email from Lois Karp ** PLEASE NOTE: Materials attached after the color page(s) were submitted through Monday, March 14, 2022.** Respectfully submitted, -~~ 'Takaoka L:\LATE CORRESPONDENCE\2022\2022 Coversheets\20220315 additions revisions to agenda.docx From: Sent: To: Subject: LC Teresa Takaoka Tuesday, March 15, 2022 3:09 PM Nathan Zweizig FW: Food waste recycling From: Steve South <ssouth@edcodisposal.net> Sent: Tuesday, March 15, 2022 3:01 PM To: Carol Mueller <cmuell@verizon.net>; CC <CC@rpvca.gov>; mperumean@edcodisposal.com; ehenriquez@edcodisposal.com; lburr@edcodisposal.com; Ramzi Awwad <rawwad@rpvca.gov>; Lauren Ramezani <LaurenR@rpvca.gov> Subject: RE: Food waste recycling CAUTION: This email ori inated fir om outside of the Cit of Rancho Palos Verdes. Ms. Mueller, I believe I have answered every question below in Yellow . Thanx, Steve From: Carol Mueller (mailto:cmuell@verizon .net ] Sent: Tuesday, March 15, 2022 12 :56 PM To : Steve South <ssouth@edcodisposal.net >; cc@rpvca .gov; mperumean@edcodisposal.com ; ehenriquez@edcodisposal.com ; lburr@edcodisposal.com ; rawwad@rpvca .gov; laurenr@rpvca .gov Subject: Re : Food waste recycling Whoops , this got sent before I finished .... so answer re who (authorized) changed contact and why re the discounts? The discounts remain Are you and Ramezani the bosses from home or ____ ??????? EDCO has worked every day throug the pandemic and has never reduced services. Somebody needs to be terminated! I am sorry you feel that way . SB 1383 is the most comprehensive mandate in solid waste s ince the adoption of AB 939 in 1989 .SB 1383 is a State mandate with a penalty of up to $10 ,000 per day per jurisdiction . These mandates and programs are being implemented Statewide . As to your video's, etc., Total silliness/asinine. Hope you enjoy collecting maggots!!!!!! We a lways have the potent ial of collecting maggots , now they wil l be in the green cart rather than the grey trash cart. Publ ic education, as well as mon itoring, report ing procurement and actual collection are a ll elements of SB 1383 . Please answer ALL my questions. What about residents who only surf the web , send and receive emails? We have all public education in an electronic format. Also , what about resident computers which are down more than up? We are direct mai ling informat iona l pieces once the program is approved. I am beginning to understand why only Ramezani is anointed to once in awhile respond!!!!! If RPV City Council approves this "Pig in a Poke" .... they should resign or be recalled. Carol Mueller -----Original Message----- From : Carol Mueller <cmuell@verizon .net > To: ssouth@edcodisposal.net <ssouth@edcodisposal.net> 1 I Sent: Tue, Mar 15, 2022 12:01 pm Subject: Fwd : Food waste recycling Thank you ... now can you tell me who authorized (apparently) Lauren Ramezani to allegedly issue a bulletin changing the original contract re EDCO's three available discounts on 12/19.19? Not sure when or how I received same, however, I just found it very recently. Also, how many RPV residents claim all three? Andy why did she rewrite same? Carol Mueller -----Original Message----- From : Steve South <ssouth@edcodisposal.net > To : Carol Mueller <cmuell@verizon .net >; cc@rpvca.gov <cc@rpvca .gov >; mperumean@edcodisposal.com <mperumean@edcodisposal .com >; ehenriquez@edcodisposal.com <ehenriquez@edcodisposal.com >; lburr@edcodisposal.com <lburr@edcodisposal .com > Cc: Ramzi Awwad (rawwad@rpvca .gov ) <rawwad@rpvca .gov >; Lauren Ramezani <LaurenR@rpvca.gov> Sent: Tue , Mar 15, 2022 11 :28 am Subject: RE : Food waste recycling Ms. Mueller, Below p lease find answers to your questions in yellow. Is there anybody who knows the answer to the following -A heads up before tonight's meeting? No one at City Hall seems to know and our CA Federal and State politicians are worthless: Does EDCO have the answers? Apparently, all our worthless State and Fed . politicians are also working from home in addition to being worthless ... Ted Lieu, Muratsuchi and Ben Allen Which bin/can will the following be placed: Greasy paper towels -Organics Doggie Poo (BTW, they don't go in your yard/flower garden if you plant cactus -Trash Re : 6-packs ... what about their Depends and pads -Trash Left over bones. some people eat everything except these -Organics . Corn cobs after we eat the corn -Organics Coffee grounds wrapped in a paper towel -Organics Coffee pods ... maybe your efforts would be better spent lobbying to get rid of ... lnternet says it takes 150 to 200 years to decompose . -If plastic then Trash, though you can empty the grinds in Organ ics Are we going to be provided with slop caddies (are we being charged?) and/or plastic bags? ... and who is paying for these? Will they attract wild animals and maggots? Who will clean them? Maybe it would be more economical to get a couple little piggy's for our back yards, pork bellies have gotten very expensive . Kit chen cadd ies w ill be offered at no add it ional cost through the web site and delivered to homes . It approved tonight, the f irst of several pub lic education p iece w ill ma il on Wed nesdat March 16, 2022. Addit iona l program information is avai lable on the RPV web pages; O rgan ic Recycl ing -Res ide ntia l -EDCO Ra ncho Pa los V erdes (edco d isposa l.com) In add ition, here is a video on the program that may assist: https://youtu. be/9MBiJrngKI'-(; Thanx, Steve 2 From: Carol Mueller [mailto:cmuell@verizon.net] Sent: Tuesday, March 15, 2022 10 :31 AM To: cc@rpvca.gov ; Steve South <ssouth@edcodisposal.net >; mperumean@edcodisposal.com ; ehenriquez@edcodisposal.com ; lburr@edcodisposal.com ; senator.allen@senate.ca.gov ; assemblymember.muratsuchi@assembly .ca.gov Subject: Food waste recycling Is there anybody who knows the answer to the following -A heads up before tonight's meeting? No one at City Hall seems to know and our CA Federal and State politicians are worthless : Does EDCO have the answers? Apparently , all our worthless State and Fed. politicians are also working from home in addition to being worthless ... Ted Lieu , Muratsuchi and Ben Allen Which bin/can will the following be placed: Greasy paper towels Doggie Poo (BTW, they don't go in your yard/flower garden if you plant cactus Re : 6-packs ... what about their Depends and pads Left over bones . some people eat everything except these . Corn cobs after we eat the corn Coffee grounds wrapped in a paper towel Coffee pods ... maybe your efforts would be better spent lobbying to get rid of ... lnternet says it takes 150 to 200 years to decompose. Are we going to be provided with slop caddies (are we being charged?) and/or plastic bags? ... and who is paying for these? Will they attract wild animals and maggots? Who will clean them? Maybe it would be more economical to get a couple little piggy's for our back yards , pork bellies have gotten very expensive. Carol Mueller 3 From: Sent: To: Subject: Carol, Lauren Ramezani Monday, March 14, 2022 6:45 PM Carol Mueller RE : RPV /EDCO Thanks for your email. Ple ase see the answers below in blue . Thanks Lauren Ramezani Sr. Administrative Analyst-Public Works t!I City of Rancho Pa l os 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, March 14, 2022 2:28 PM To: CC <CC@rpvca.gov > Subject: Fwd: RPV/EDCO CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. I hand delivered the following letter to RPV this date at approximately 0930 . Upon returning home , I had a message/email from listserv@civicplus .com dated Mar.14, 2022 10 :02 am. Reminder: Tomorrow night, March 15, the City Council will hold a public hearing on proposed rate increases for residential solid waste collection to comply with SB 1383, a new law that requires Californians to separate organics waste , such as leftover food and kitchen scraps, from their trash and place it in the green waste bins . There have been no rate increases since July 2020. The Council will consider approving a rate increase of 15.6% for single-family customers, as well as an inflation[only rate increase of 3% for multi-family customers as well as an inflation-only rate increase of 3% for multi -family customers (this increase does not include the cost of organics recycling services, which will depend on each multi -family complex's service level). The Council previously approved an agreement with EDCO to begin offering organic waste collection to residential customers after April 1. Please keep an eye on your mailbox for information and instructions from EDCO . While I will not have time to research the following dated July 29, 2020 re EDCO's Rate History , from Linda Burr/EDCO/via EDCO CEO/Steve South and was copied to Mark Perumean/EDCO the following was emailed to me: 7/1/2011 7/1/2012 7/1/2013 7/1/2014 7/1/2015 7/1/2016 1/1/2017 3. 70% rate increase . 2.32% rate increase 1. 19% rate increase 3.58% rate increase 0.00% rate increase 0.00% rate increase 1.96% rate increase 1 I. 7/1/2018 7.18% rate increase 7/1/2019 3.30% rate increase 71 .2020 2 ,92% rate increase While I don't have time to research all. .. l seem to recall the 0% rate increases occurred during years that EDCO received additional Contracts with RPV. Perhaps some rate increases were recaptured in later years? When rate increases were waived, they were not added to future years. They were waived , not deferred . Such as what is perhaps occurring in 2022 . Also the current Contract did/does not expire until June 30, 2022, however, it appears to be voided and new back dated agreement attempted. I requested info from Ramezani ... what about those such as myself who prepaid to June 30 , 2022 . She proceeded to tell me that an adjustment would be made ... then suddenly she announced that she had a call from the City Attorney which she must take and would call me back . To date , she has not called me back. I called back and left you messages . Sorry I could not reach you . BTW, the Petition mentioned in my first email was a Thank You to Mayor Cruikshank . Go figure! Remember, if you live in CA , but not RPV. .. I am sure your day is coming and also in other states. Have you saved your records even though probably worthless? Carol Mueller March 14, 2022 City Clerk City of Rancho Palos Verdes 30940 Hawthorne Blvd . Rancho Palos Verdes , CA 9027 4 HAND DELIVERED Re: ProtesU Proposed rate adjustments re the EDCO/ RPV Contract of 2009/Assessor's ID . No .: 7584 001 029 20 000 Dear RPV City Council : I wish to protest the proposed and/or any changed wordage re the original contract signed by the parties in 2009 . I believe that EDCO is attempting to recoup some rates increases that they declined in the past. For what, to get a monopoly? The original contract states that they may not do that and later attempt to recoup. I further suspect that some RPV employees/former employees and EDCO are or have been in a very close/cozy relationship. Is the current 15.6% requested rate increase wherein the State is being blamed ... a cover? This Contract has been rubber stamped several times. Do Contract changes NOT require going out the bid? Perhaps, someone would under bid EDCO! Except for last year, each year I have been in dispute over "EDCO's THREE AVAILABLE DISCOUNTS" and have been at times over charged. On July 8 2015 , Linda Burr/EDCO stated to myself, Ramezani and Efrain Ramerez , "I know she is an individual case" ... lt appears cheating one low income senior resident is retaliation? Or are there more? The original 2009 Contract states re Section 5.3.4.4. Application of Rate Reductions: Under Sections 5.1.4.1, 5.1.4 .2 and 5.1.4 .3, the rate reductions are NOT exclusive and a Customer may receive all deductions, if applicable. The amount of each rate reduction shall be calculated on the full rate prior to application of any other reductions. Reductions apply to the monthly rate ... Recently , I notice a 12/19/19 notice, apparently, from Lauren/RPV re EDCO'S AVAILABLE DISCOUNTS AND REFERENCES HOW/ORDER THEY ARE APPLIED . I cannot find in any documents in my possession that this section has been altered/or changed from the original Contract. Last year/2021 , I was hand billed to the correct amount of $167.28/annual. Due to constant frustration, I presented the issues to several well qualified friend/relative/acquaintances, and they all agreed with my Math . I will repeat that at first I thought of incompetence of job/s ... now I am wondering if it is something more nefarious . I had also written to the former City Manager, Willmore . He never responded. (Note: Several individuals involved herewith are no longer so employed or among the living). On or about June/July, 2015, I wrote to Mr. Willmore (no longer at RPV) if employees were incompetent or is it a deliberate attempted fraud? I also addressed several other issues re EDCO/RPV billing/s including to Ms . Lehr (I understand she was asked to resign or get recalled)? I also 2 understand, she chose to resign and is now deceased. Yes, perhaps cheating customers out of a dollar or two (year over year), may not be a big amount, however, it could mean quite a windfall to EDCO. At times I have wondered what could be the benefit to RPV employees? Could they be getting reduced EDCO billings or something else such as additional services without charge? I couldn't help but notice the Chart 1 -Rate Comparison -Single-family Residential in the RPV Agenda heading re the 01.18.22 meeting. While I am not exactly familiar with all the cities, I am constantly advised that I am rich, I live in Palos Verdes ... by generally billing people. I forget without researching, but if my recollection is correct, the alleged PV population is 20 % Senior and/or possibly low income. Myself, I purchased in 1975 under alleged Prop. 13 and stayed put, or I would not be living in what is a rather modest home, however, paid in full. And, by the way, I purchased as a single female ... no alimony, child support, or family inheritance. In fact, you might say stupid, but both of my ex-spouses lived in my home ... the latter renting his house. I will say, it is well past time to take family law out of the hands of Liars at Law! It hurts the children more than the alleged adults and enriches lawyers, accountant's, etc. Back to the chart, I do not think that PVE is a fair EDCO comparison. My home backs up to Via Coronel/PVE, and from what I have observed, the trash people walk to their back yards, wheel out their trash and return the empty cans to their backyard. I wonder why R.H. is so high or are they trashy people? Moving on ... literature provided to RPV residents (do not believe I have received anything from EDCO) makes one wonder where is the education? Re the food waste recycling, are we being charged for slop pails and who will be cleaning them? Will we be raising maggots and/or attracting wild animals. Will we be using plastic bags? As I recall, CA residents first were told that we would get paper bags from the merchants. Then that had to stop re cutting down trees. Eventually, when many merchants were allowed to charge for bags, thicker plastic is now back! Into which trash can do we place things like paper towels soaking in grease, orange peels, cobs re corn on the cob, etc.? In the past, I have suggested that empty nesters who have little trash vs. a family and or home tenants in voluminous numbers be allowed to share a trash/recycling account. No follow up re that issue! Perhaps, it is time for CA residents to think about who they vote for in goberment? Besides, most goberment employees vote themselves fat pensions and healthcare plans (or have a union) , paid for by those who don't have such generous benefits. Re that, another big issue for another day, stay home and not have to buy gas or electric to go to work. Recently, I belong to a Sr. Medicare HMO, I was denied even an office visit unless I prepaid between $100-400 to the doctor, then I was to apply for Medicare payment. .. no way, and the doctor knows better, however, my grievance response is long over due. As I have reported before, America seems to have an English as a Second Language problem ... one doctor reported that I eat soap yes soap! Just heard on the rattle box, doctors are refusing to see Obama Care patients. I shut off Cox as nothing works, Frontier ripped off my Decorator outlet plates claiming reason my Internet doesn't work properly ... his female boss called (don't put anything in writing), and stated she would get them replaced and talk to him about banging his belt tools on my coffee table. However, anymore calls from me, and I will pay. There are other Internet providers, perhaps if I didn't have to type so many letters, I could reschedule to get my decorator parts reinstalled, and find a new Internet provider! I recently had a conversation with an Accountant. He is hearing of many others getting harassed for more money all the while interfering with our reception that we prepay. I will refer our current City Council to a Petition dated 3.9.20 several residents signed and submitted to Mayor Cruikshank, at the time, regarding a 6-pack operation on Beechfield Dr. Cigarette butts were scattered about, Caregivers were observed throwing trash into neighbor's bins when theirs was full. One neighbor was absolutely horrified to find hazardous medical waste including soiled diapers and under pads in their trash bins. Regarding the State regs re ADU's, etc .. , I wonder if City Hall has checked out the property at the corner of Beechfield and Indian Rock? At times there are five vehicles parked in the front yard and several overflowing into the streets. They have also stacked dirt to hide structural damage to the South side of the garage. I believe an unlicensed Beechfield resident worked on that property. There must be considerable trash generated at that residence ... are they paying for excessive trash and recycling? Or is that subsidized by elderly empty nesters? Just like attorneys, give me more money, and I can help you. It is said, what goes around, comes around! Respectfully submitted, CAROLEAN 'Carol' MUELLER P.S. I attended a meeting in Torrance last week. They are broke, and the voters MUST approve a SALES TAX HIKE. How about rearranging the budget re needs vs. wants? I have had to save to paint my home and replace the floor covering ... only to be delayed by the virus so now it will probably cost twice the price of+ two years ago. Now back to 3 Frontier, since they again claim to have fixed my Internet, why does the crazy half screen keep popping up and deleting what I type? 4 From: Sent: To: Subject: Lauren Ramezani Tuesday, March 15, 2022 11:21 AM CityClerk FW: Edco proposed increase See email below-Late Correspondence for the public hearing tonight. Thanks Lauren Ramezani Sr. Administrative Analyst-Public Works £;~~!City of Rancho Palos Verdes 310-544-5245 30940 Hawthorne Blvd, RPV CA 90275 Laurenr@rpvca.gov http://www. rpvca .gov From: M <jdxinc@yahoo.com> Sent: Monday, March 14, 2022 8:40 PM To: Lauren Ramezani <LaurenR@rpvca.gov> Subject: Re: Edco proposed increase Dear Lauren, Thank you for your reply. 1. None of what you have detailed obviates the need for proactive cost control. 2. Neither does it justify a predetermined 5 year formula for rate increases to the city's residents. 3. Neither does it provide any comfort regarding the comparative costs of other cities. Regarding this last point, the city should set a goal of being at or below the median costs of the cities identified in Chart 1 of your staff report. The residents of the city pay you, the city, to represent our best interests. The proposal appears to be quite lacking in achieving cost containment for its residents. Please withdraw your staff recommendation and please share this communication with our elected representatives. Thank you for the opportunity to pursue constructive dialog. Marc Schwarting On Monday, March 14, 2022, 06:31 :58 PM PDT, Lauren Ramezani <laurenr@rpvca.gov> wrote: 1 / Dear Marc, Thank you for reaching out to the City. I'm the City's recycling coordinator. Excuse the long email below. The City is mandated by the State to implement new waste reduction and recycling programs. Each city within the State of California must adhere to the following: 1. Implement Organic Recycling within all Residential and Business locations throughout the city. Methodology and documentation of all educational outreach and information will need to be presented. 2. An Ordinance will need to be put in place and alterations to any agreements relative to any and all organics created within the jurisdiction will need to be reviewed. 3. Very detailed on-going reporting requirements. To name a few, it will require documented residential and business onsite inspections, monitoring of participation/ compliance and material collected, contamination levels and identifiers, as well as documentation of all forms of communication thereof. 4 Conducting periodical route reviews, issuing correction notices (when needed) and documenting violations. What action took place to inform the customer or how was the non-compliance corrected. 5 Processing of the material collected needs to be verified, where it was taken, how it was processed and most importantly, the finished product. Documentation of use and if applicable, where the product was applied. EDCO will be collecting and delivering to a compost facility and will have finished product be available for city use. 6. Plan and secure adequate current and future recycling capacity. 7. Procurement and edible food distribution requirements for the city are also outlined within. B. Develop a database for SB 1383 for reporting all of the above information and Cal Recycle reviews. EDCO's new amended agreement will help the City meet several of these requirements. If these programs are not implemented, the City could face heavy fines/penalties by the state. Thanks Lauren Ramezani Sr. Administrative Analyst-Public Works i,AI ~\City of Rancho Palos Verdes 310-544-5245 30940 Hawthorne Blvd, RPV CA 90275 Laurenr@rpvca.gov http://www.rpvca.gov 2 From: M <jdxinc@yahoo.com> Sent: Wednesday, March 9, 2022 5: 17 PM To: CC <CC@rpvca.gov> Subject: Edco proposed increase Your email on 3/9/2022 states the requirement for: "Californians to separate organics waste, such as leftover food and kitchen scraps, from their trash and place it in their green waste bins." 1. Your email states that the city council is proposing that this extra work performed by "Californians" result in an additional 15.6% in fees paid to Edco. So, it seems we are to do more work and we are to pay Edco for the privilege of doing it. I fail to see the logic in this argument to pay Edco more. Further, an increase of 15.6% is far beyond reasonable. 2. Thank you for including comparative cost data in chart 1 of your staff report. This data shows that we are paying about double what the majority of cities are paying for similar services. A prudent business seeing this cost discrepancy would use it as leverage to REDUCE costs, not to explain it away by bragging that we're not the worst of the worse. It seems that the city may not be examining all of the options in the best interest of the fee paying residents. Please be more aggressive in choosing and negotiating with all service providers. Bottom line is I do not support the recommendation for a 15.6% increase; and, I believe it extremely imprudent to simply approve, in advance, a five-year rate adjustment formula. Item 2 from page 10 of your staff report states this to be an alternative action: "Approve the new proposed rates but do not approve the five-year rate adjustment formula and require an annual Proposition 218 protest hearing." My suggestion, if not already clear, is: do not approve the new proposed rates; AND, do not approve the five-year rate adjustment formula; AND, do require an annual Proposition 218 protest hearing. Marc Schwarting 3 RPV 4 From: Sent: To: Subject: Dear Les, Lauren Ramezani Monday, March 14, 2022 6:40 PM Leslie Chapin RE : Solid Waste Rate Adjustments Thank you again for your email communication. Please see my answers in blue below: Thanks Lauren Ramezani Sr. Administrative Analyst-Public Works ~ City of Rancho Palos Verdes 310-544-5245 30940 Hawthorne Blvd, RPV CA 90275 Laurenr@rpvca .gov http://www. rpvca .gov From: Leslie Chapin <les.alice@cox.net > Sent: Thursday, March 10, 2022 11 :23 AM To: CC <CC@rpvca.gov > Cc: aysanrangchian@gmail.com ; B-Shujaat Ali <shujaatl@gmail.com >; E-Noel Park <noelparkone@gmail.com >; F-John Spielman <johnspielman@sent.com >; F-William Quan <williequan@yahoo.com >; L-Jonothan Hofeller <jonathan.hofeller@gmail.com >; V-Mohsen Saidinejad <mohsenmd@ucla .edu >; W-Eugene and Stephanie Miyata <esmiyata@hotmail.com > Subject: FW: Solid Waste Rate Adjustments CAUTION: i hls email ori inated from outside of the Cit of Rancho Palos Verdes. Hello to our City Council members, I am forwarding Emails generated by our Pacific View Homeowners Association (PVHA) and the city's Public Works department. They are provided for your information and consideration. Les Chapin PVHA Board Member 6710 Verde Ridge Road 310-377-1139 les .alice@cox.net From: Leslie Chapin <les .alice@cox.net > Sent: Wednesday, March 9, 2022 12:15 PM To: 'Lauren Ramezani' <LaurenR@rpvca .gov > Cc: 'aysanrangchian@gmail.com' <aysanrangchian@gmail.com >; 'B-Shujaat Ali' <shujaatl@gmail.com >; 'E -Noel Park' <noelparkone@gmail.com >; 'F-John Spielman' <johnspielman@sent.com >; 'F -William Quan' <williequan@yahoo.com >; 'L -Jo notha n Hofe lier' <jo natha n .hof el le r@gmaii.co m>; 'V-M:hse n Sa id i ne jad' <mohse nmd@ucla .ed u>; 'W-E uge ne and / • Stephanie Miyata' <esm iyata@ hotmail.com > Subject: RE: Solid Waste Rate Adjustments Hello Lauren, Thank you for continuing our dialog on this topic. Correct me if I am wrong but here is our understanding of our Pacific View neighborhood's requirements for our 345 homes as it relates to SB 1383. The state, city of RPV (where is LA County in all of this?) are requiring that each of our households place all of their organic food wastes in there green recycling containers, and NOT in our gray landfill containers". Our neighborhood is interested in only a couple aspects of SB 1383. The first being that our residents will pay for this program with an increase of 15% to our current EDCO refuse program. Adding 15% to our current neighborhoods 345 homes amounts to, and assuming that all of our homes utilize a 64 gallon gray container, an increase of $4.53 per home. For our 345 homes in Pacific View that amounts to $1562 annually for our neighborhood, (or $75,000 for the city's 16,400 residences). EDCO previously paid to have the green waste processed. Adding organic waste to the green waste increases the cost of processing even more. There is no revenue generated for EDCO to pass to customers . This is not a cheap or easy program to implement. The second aspect of concern we have for this program is the enforcement as identified in items 3 and 4 in your provided Email. What is the detail of the enforcement requirements? The City's main goal is to educate and provide outreach to residents . The City does not plan to enforce any penalties until 2024. Is EDCO going to sample our gray containers to be sure table scraps and vegetable and fruit trimmings are not in these containers? EDCO will monitor the trucks (not the individual carts) to see the proper material is included . If excess contamination is found in particular trucks/routes, EDCO will increase its public outreach and education in that area . This is another program that appears to be unenforceable as are the current city's traffic laws, the protection of our panoramic views by controlling the city's ongoing vegetation growth, the requirement for our gardeners that they not use their gasoline driven portable air blowers and must switch to electrical powered blowers and another one, the parking of our RV's overnight on city streets, totally unenforceable! We do agree that SB 1383 is a much needed program as a portion of any and all of the planets existing and planned climate change programs . We have concern for the costs that are being levied on our neighborhood for what we envision as being another unenforceable city requirement. Les From: Lauren Ramezani <LaurenR@rpvca .gov > Sent: Tuesday, March 8, 2022 10:31 AM To: Leslie Chapin <les.alice@cox.net > Cc: aysanrangchian@gmail.com ; B-Shujaat Ali <shujaatl@gmail.com >; E-Noel Park <noelparkone@gmail.com >; F-John Spielman <johnsp ielman@sent .com >; F-William Quan <williequan@yahoo.com >; L-Jonothan Hofeller <jonathan.hofeller@gmail.com >; V-Mohsen Saidinejad <mohsenmd@ucla.edu >; W -Eugene and Stephanie Miyata <esmiyata@hotmail.com > Subject: RE: Solid Waste Rate Adjustments Good morning Leslie, Thank you for your email. I hope the information below helps answer your question . Senate Bill 1383 requires much more than food recycling under the umbrella of organics as it is quite specific in many ways reaching all Residentia l neighborhoods and all Businesses facilities . The goal is to reduce the level of organic waste by 50% by the year 2020 and 75% by the year 2025 . Alongside these goals are requirements that must be strictly followed and met , or by 2024 regulations require local governments/ jurisd ictions to in itiate enforcement, basically impose fines on violators . Each city within the State of California must adhere to the following: 2 1. Implement Organic Recycling within all Residential and Business locations throughout the city. Methodology and document ation of all educational outreach and information will need to be presented . 2. An Ordinance will need to be put in place and alterations to any agreements relative to any and all organics created within the jurisdiction will need to be reviewed . 3. Very detailed on -going reporting requiremen t s. To name a few, it will require documented residential and business onsite inspections, monitoring of participation / compliance and material collected, contamination levels and identifiers, as well as documentation of all forms of communication thereof. 4 . Conducting periodical route reviews , issuing correction notices (when needed) and documenting violations . What action took place to inform the customer or how was the non -compliance corrected . 5. Processing of the material collected needs to be verified, where it was taken, how it was processed and most importantly , the finished product. Documentation of use and if applicable , where the product was applied. EDCO will be collecting and delivering to a compost facility and will have finished product be available for city use . 6 . Plan and secure adequate current and future recycling capacity . 7 . Procurement and edible food d istribution requirements for the city are also outlined within . 8 . Develop a data base for SB 1383 for reporting all of the above information and Cal Recycle reviews . More detailed information pertaining to SB 1383 can be found on the CalRecycle website . https://www .calrecycle .ca .gov/organics/slcp EDCO will be implementing an extensive education plan that will consist of informative mailers, specific organic information on the RPV/EDCO dedicated w ebsite, articles in the quarterly EDCO Environmental Times , and EDCO representatives at community events addressing all questions and passing out additional literature. Thanks Lauren Ramezani Sr . Administrative Analyst -Public Works ~ City of Rancho Palos Verdes 310-544 -5245 30940 Hawthorne Blvd, RPV CA 90275 Laurenr@rpvca.gov http://www.rpvca.gov Due to the current surge of the COVJD -19 Omicron Variant, Rancho Palos Verdes City Hall will be closed to walk-in visitors through February 28, 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. For a list of department phone numbers, visit the Staff Di rectory on the City website . From: Leslie Chapin <les .alice@cox.net > Sent: Friday, February 25, 2022 2:52 PM To: Lauren Ramezani <LaurenR@ r pvca.gov > Cc: aysanrangchian@gmail.com ; 8-Shujaat Ali <shujaatl@gmai l.com >; E-Noel Park <noelparkone@gmail.com >; F-John Spielman <johnspielman@sent.com >; F-William Quan <williequan@yahoo .com >; L-Jonothan Hofeller <jonat han .hofeller@gma i l.com >; V-Mohsen Saidinejad <mohsenmd@ucla.edu >; W -Eugene and Stephanie Miyata <esmiyata@hotmail.com > Subject: Solid Waste Rate Adjustments CAUTION: This email ori ina t ed from outside of the Cit of Rancho Palos Verdes. 3 Dear Lauren, I need to write an Email to the city council on this subject. I am trying to understand what has changed? I think the definitions are (1) Solid wastes, all materials that end up in landfills, (2) Green wastes, all organics that are recyclable, (3) Food Wastes, all table food scraps, which I suspect in most households are going down garbage disposals, with certainly the exceptions of banana and especially avocado peelings. In our household table scraps are going into and have always gone into our green waste containers. So what has changed?? Container costs have always been based on the size selected for the solid waste container. The NOTICE OF PROPOSED SOLID WASTE RATE ADJUSTMENTS AND PUBLIC HEARING dated January 28,2022 as published in the Palos Verdes Peninsula News No. 13792 states why rate adjustments are necessary: 11 requires jurisdictions to allow food wastes to be collected in green waste containers, which is then subjected to mandatory processing that "significantly" increases the cost of handling the material. Has the city done a study of the current ratio of the city's tons of green wastes to the amount of minutia table scraps that are going to be potentially added to the green waste containers? My prediction is that the very small amount of table scraps will create no significant impact to the "multi tons" of green waste currently being recycled throughout the city. The city should request of EDCO to provide that information. Their response will undoubtedly be a best guess since there seems to be no way to predict how the RPV residents will respond to this new requirement of adding table scraps to their green waste containers. The edible food recovery portion of Proposition 1383 should be funded by those EDCO customers who are involved with retail or wholesale edible food processing and not by RPV residents. What am I missing? I am thanking you in advance for your comments. Les Chapin 6710 Verde Ridge Road 310-377-1139 les.alice@cox.net 4 From: Sent: To: Subject: Judy, Lauren Ramezani Monday, March 14, 2022 6:29 PM uclafan@aol.com RE: Item 1 -EDCO hearing Thank you for reaching out to the City . I'm the City's recycling coordinator. Please see my answers in blue below. Thanks Lauren Ram ez ani Sr. Administrative Anal yst-Pub l ic Works ~ City of Rancho Pa los Verdes 310-544-5245 30940 Hawthorne Blvd , RPV CA 90275 Laurenr@ r pvca.gov http://www.rpvca.gov From: judy <ucl afa n @a ol.co m > Sent: Wednesday, March 9, 2022 1:30 PM To: CC <CC@rp vca .go v> Subject: Item 1 -EDCO hearing CAUTION: This email ori inated from outside of the Cit of Rancho Palos Verdes. Dear Council Members , I write to protest the EDCO proposed rate change . I hope the following issues are discussed and resolved during the meeting before you vote on a cost increase: • Many residents paid for a year's contract. With this contract, we expect rates to remain unchanged for the entire year. The new programs had to be implemented otherwise the City could have been faced with heavy fines from the State . Customers who paid a year in advance , will receive a supplemental invoice for the three months of Apri l, May and June (the difference between the month ly rate paid and the new monthly rate). Then that supp lementa l invoice wi ll be discounted by 5% for those annual prepay customers . • Many residents have a discounted Senior rate. The 10% senior, 5% annual prepay , and the 5% low-income d iscounts continue unchanged . I see no mention on the above items in the proposed rate increase Please ask the EDCO representatives to discuss and resolve these issues before green waste rules changes are implemented . • We keep trash cans clean by keeping garbage wrapped and/or in bags . EDCO recommends customers place the food waste in paper (newspaper) to soak up some of the liquid . This w ill a lso he lp reduce odor • Green waste cans will quickly become smelly and filthy since our food scraps can't be wrapped or put in bags . The green waste will help neutralize odor. 1 /. • Will EDCO, at no cost, provide special bags for our food waste that will now go into the green waste cans . EDCO will provide one free sma ll kitchen caddies for the kitchen use . Then organics should be placed in the green cart . More detailed public outreach and education material wi ll be distributed after the public hearing. Thank you for responding to my concerns. Judy Maizlish UCLAFa n @ao l.com 30202 via Rivera 310 541 2082 2 From: Sent: To: Subject: Dear Larry, Lauren Ramezani Monday, March 14, 2022 6:24 PM Larry Maizlish RE : CC Meeting -Item 1 EDCO Proposed Rate Increase Thank you for reaching out to the City. I'm the City's recycling coordinator. Please see my answers in blue below. Thanks Lauren Ramezani Sr. Administrative Analyst-Public Works ~ City of Rancho Palos Verdes 310-544-5245 30940 Hawthorne Blvd, RPV CA 90275 Laurenr@rpvca.gov http://www.rpvca.gov From: Larry <larry@maizlish.com > Sent: Wednesday, March 9, 2022 9 :57 AM To: CC <CC@rpvca.gov >; CityClerk <CityClerk@rpvca.gov> Subject: CC Meeting -Item 1 EDCO Proposed Rate Increase CAUTION: mhis email ori inated from outside of the CiW of Rancho Palos Verdes . EDCO Organics Waste Hearing March 9, 2022 City Council and Staff, Please use this as notice of Protest to the proposed EDCO rate increases. While moving organics from landfills to a composting stream is good , in this case, the exorbitant proposed residential cost increases and the limited benefits do not justify the rates requested by EDCO. EDCO is asking for an over 15% rate increase. This is much too high for most residents to accept. Our family already composts our Organic Food Waste on site at our home and does not place them in the EDCO carts . Why are we going to be charged the same high rates as another family that does not compost these Organics at home? There is no discount or waive rs. The State does not allow any waivers to residential customers. I think probably due to the fact that many food related items cannot be composted or are not recommended for a successful compost. In addition, verifying who composts and who does not is another major obstacle that the State must have foreseen as hard to inspect, verify and document . Therefore, did not include as a waiver. It appears there is no incentive for families to reduce the amount of Organic waste they give to EDCO . For example, residents have an incentive to reduce Trash waste . EDCO charges different rates based on the size of the Trash cart . The less Trash a resident gives EDCO each week, the lower the rate . The Organic waste pricing structure offers no incentive to reduce waste. All residents pay the same high rate , regardless if they generate a lot of waste or just a little . Adding organics to green waste can help reduce the trash, therefore, a smaller trash cart could be used . 1 I If it turns out the 15% rate increase is a true and accurate reflection of actual new costs to EDCO , then this increase should be phased in over at least several years. This should not be a 15% increase at one time . The state requirements are not phased in. therefore , the City 's program implementation cannot be phased and have a phase billing. EDCO also has to improve their customer outreach on this . As soon as this rate increase was announced , EDCO should have answered these questions, which they did not: 1. What is the discount for residents who compost at home and do not add to the Organics EDCO picks up? There is no d iscount or waivers. The State does not allow any waivers to residential customers. 2. The rate increase is proposed for April. How will this be factored in with the many residents who pay their bills annually in June or July? Customers who paid a year in advance , will receive a supplemental invoice for the three months of April , May and June (the difference between the monthly rate paid and the new monthly rate). Then that supplemental invo ice will be discounted by 5% for those annual prepay customers . 3. Will the Annual , Senior , and Low-Income discounts still apply? Yes , the 10% sen ior , 5% annual prepay, and the 5% low-income discounts continue . 4. How will the Organics be handled by the resident? EDCO will provide small kitchen caddies for the kitchen use . Then organics should be placed in the green cart. It is well known that placing sticky, smelly , decomposing food loose in a green cart will quickly result in mold growth . Green carts will quickly be producing strong foul odors . The green waste wil l help neutralize odor. Will EDCO clean the carts? No . T hat seems unlikely. Will EDCO request residents place their Organics in plastic bags before placing in the Green carts? EDCO recommends customers place the food waste in paper (newspaper) to soak up some of the liquid. This will also help reduce odor . That involves adding plastics to the Organic waste stream and seems like we are trying to solve one problem while creating another at a time when we should be looking for ways to reduce overall plastic use. All these questions, along with what Organics actually go into the Green cart (in multiple languages) should have been distributed at the first announcement of this rate increase . This necessary outreach is late. The outreach will begin after the mandatory public hearing . We know that Prop 218 is the law, yet that law does not include the 15% increase requirement. Please give serious consideration to this issue. Thank you for your consideration, Larry Maizlish 27759 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 2 From: Sent: To: Subject: Dear Ms. Chhabria, Lauren Ramezani Monday, March 14, 2022 6:06 PM achhabria@aol.com RE: EDCO rate increase Thank you for reaching out to the City. I'm the City's recycling coordinator. Excuse the long email below. The City is mandated by the State to implement new waste reduction and recycling programs. Each city within the State of California must adhere to the following: 1. Implement Organic Recycling within all Residential and Business locations throughout the city. Methodology and documentation of all educational outreach and information will need to be presented. 2. An Ordinance will need to be put in place and alterations to any agreements relative to any and all organics created within the jurisdiction will need to be reviewed. 3. Very detailed on-going reporting requirements. To name a few, it will require documented residential and business onsite inspections, monitoring of participation/ compliance and material collected, contamination levels and identifiers, as well as documentation of all forms of communication thereof. 4. Conducting periodical route reviews, issuing correction notices (when needed) and documenting violations. What action took place to inform the customer or how was the non-compliance corrected. 5. Processing of the material collected needs to be verified, where it was taken, how it was processed and most importantly, the finished product. Documentation of use and if applicable, where the product was applied. EDCO will be collecting and delivering to a compost facility and will have finished product be available for city use. 6. Plan and secure adequate current and future recycling capacity. 7. Procurement and edible food distribution requirements for the city are also outlined within. 8. Develop a database for SB 1383 for reporting all of the above information and Cal Recycle reviews. EDCO's new amended agreement will help the City meet several of these requirements. As for home composting, the legislation does not allow a waiver for residential customers who compost. As a result, the City cannot do that either. As you see above #8, the City will have to report all its SB 1383 related activities to the State and that includes any waivers issued and the criteria for that. Some the reasons that the State considered such restricted waivers is probably due to the fact that many food related items cannot be composted or are not recommended for a successful compost. In addition, verifying who composts and who does not is another major obstacle that the State must have foreseen as hard to inspect, verify and document. Additionally, EDCO has to pay to have the green waste processed. Adding organic waste to the green waste increases the cost of processing even more. There is no revenue generated for EDCO to pass to customers. Lastly, these are tough economic times especially for seniors or people on limited income. To that end, EDCO's contract continues to allow all the previous discounts including a 10% discount to seniors, a 5% prepayment and a 5% low-income discount. Thanks Lauren Ramezani Sr. Administrative Analyst-Public Works City of Rancho Palos Verdes 310-544-5245 30940 Hawthorne Blvd, RPV CA 90275 1 /. Laurenr@rpvca.gov http://www. rpvca .gov -----Original Message----- From: Ansuya Chhabria <achhabria@aol.com> Sent: Wednesday, March 9, 2022 3:43 PM To: CC <CC@rpvca.gov> Subject: EDCO rate increase CAUTION: This email originated from outside of the City of Rancho Palos Verdes. Dear council members Strongiy protest against rate increase, as many RPV homeowners compost their green and kitchen waste like me This is unfair increase in justified cost added to homeowners of almost 16% when organic waste is just being added to the same green waste basket Working class families are losing jobs, losing health during covid and facing almost 30 to 50 percent increase in cost of living plus seniors do not have increase in income City hall needs to considerate about the current socio economic situations and judiciously use the public tax dollars which are under their trust EDCO had an decent rate increase in July 2020 it should be done every 5 years per contract They do make money from the green compost by selling it Sincerely Anna Sent from my iPhone 2 From: Sent: To: Subject: Julie Hamill <julie@juliehamill-law.com> Tuesday, March 15, 2022 9:38 AM CC; CityClerk Public Comment -Item 3 Mayor Bradley and Members of the City Council: I am thrilled to see a review of the city's prohibition of bikes and scooters on the agenda. I have three young sons, aged 2, 5 and 7. Their lives have been overly and unnecessarily restricted for the last two years. When schools were closed in 2020, I took my then one-year-old to ride his plasmacar on the elementary school campus near our house. We were promptly kicked out of the empty campus by the custodian. My seven-year-old came home from Hesse park at the beginning of the pandemic in tears and said he never wanted to go back after being admonished for riding his scooter on the concrete pathway around the park. Our city is in desperate need of more child-friendly facilities to provide our kids with the normalcy and joy that they deserve, and that all of us enjoyed when we were growing up. In order to keep this community thriving and bring some semblance of normalcy to our kids, allowing them to scoot and bike in the park is a very small step in the right direction. This is a wonderful opportunity to enable our young and older residents to engage with each other respectfully, to learn from each other, and to work together to use our public spaces in a mutually beneficial way. My hope is that the city will not overthink this, and will simply remove the prohibition. If issues arise, they can be appropriately addressed. Pilot programs and construction of new paths will be expensive and unnecessarily complicated. We need to make this a community for everyone, especially for the young people who will become its stewards. Best regards, Julie Hamill Hamill Law & Consulting julie@juliehamill-law.com (424) 265-0529 www.juliehamill-law.com The information contained in this e-mail and any attachments to it may be legally privileged and include confidential information. If you have received this e-mail in error, please notify the sender immediately of that fact by return e-mail and permanently delete the e-mail and any attachments. Thank you. 1 3. I WILLSCOT I I WILLSCOT I 60'-o" l --f_,;-;;:,c•r-··-::• :·::···_ ........ _.., .. :·::::··: ... ""''-"'"':•~;;f"""X"""•"• ·-=.<s"i=~,,,,~~,...~M\#t!!©h?S'!•'r" ! ~@ SM 1a ,. 5 !II ~ i (',~ {! ~-; ,,,.,-,-::, §,;1;;,;m---,«~•,:•,• "-·~-= ;2~·rr:s~:;;~;..;::m,.v~~ Specifications ~r2.'i:_{~!?.W?.:.:.~r.: ~J@:§.'-#iNjt~~~fil~ '-b,-!!ZX™½lii¾i¾iJ i ,~_J Additional floor plans available. Floor plans and specifications may vary from those shown and are subject to in-stock availa6ility {Especially exterior door placement) • Size • Electric • Heating and Cooling • 64' Long (including hitch) • Fluorescent ceiling lights • Thermostatically controlled central • 60' Box Size / . • • HVAC un·1t • 120 240 volt single phase electric • 12' Wide • S I d t d · · · • 100 amp breaker panel upp Y uc e • 8' Ceiling height • Interior Finish • Paneled walls • Windows/Door • Horizontal sliding windows • Exterior Finish/Frame • Wood siding • I-beam or c-channel frame • Vinyl tile floors • Steel door with commercial grade lock • Standard drip rail gutters • T-grid ceiling x __________ _ I WILLSCOT I Mobile Office 64 x 12 Customer Signature I WILLSCOT I ~ I WILLSCOT I Williams Scotsman, Inc. Your WillScot Representative Aaron Zabel, Sales Representative Phone: (559) 498-5905 Contract Number: 1562738 Revision: 7 Date: November 11, 2021 Lease Agreement Lessee: 0010492335 CITY OF RANCHO PALOS VERDES 30940 HAWTHORNE BLVD PALOS VERDES PENINSULA, California 90275 Rental Pricing Per Billing Cycle 64x12 Mobile Office (60x12 Box) ADNIBC Ramp-w/ switchback ADA/IBC Step w/ Canopy Minimum Lease Billing Period: 39 Billing Cycle: 28 Days Delivery & Installation Fuel Surcharge Delivery Fuel Surcharge Return CA Transport Delivery Fee CA Transport Return Fee Ramp -Delivery & Installation Ramp -Knockdown & Return Essentials Material Handling Tiedown-Asphalt Removal Delivery Freight Block and Level Teardown Return Freight Tiedowns into asphalt Final Return Charges• Comments Contact: Email: aaron.zabel@willscot.com Toll Free: 800-782-1500 Norma Saldana Ship To Address: 30940 Hawthorne Blvd 30940 HAWTHORNE BLVD PALOS VERDES PENINSULA, CA 90275 Phone: 4243270132 RANCHO PALOS VERDES, CA 90275 US Delivery Date (on or about): 03/22/2022 Email: nsaldana@rpvca.gov Quantity Price $357.00 $100.00 Total Recurring Building Charges: Subtotal of Other Recurring Charges: Total Recurring Charges Per Billing Cycle: 12 1 1 1 1 12 $125.10 $125.10 $100.00 $100.00 $1,600.00 $1,300.00 $490.33 $36.24 $695.00 $232.86 $150.00 $695.00 $93.76 Total Delivery & Installation Charges: Due On Final Invoice•: Total Including Recurring Billing Charges, Delivery, Installation & Return**: Extended $800.00 $357.00 $100.00 $800.00 $457.00 $1,257.00 $125.10 $125.10 $100.00 $100.00 $1,600.00 $1,300.00 $490.33 $434.88 $695.00 $232.86 $150.00 $695.00 $1,125.12 $7,173.39 $0.00 $56,196.39 *This project was priced at regular wages (non-prevailing/non-union/non-PLA wages) assuming level and accessible site. Data capability, air purifier, and window/door security included. Items will show on first invoice for inventory purposes. Applicable taxes and/or fees are not included and will be listed on the initial invoice. *Please note this quote does not account for any Permits and/or Pilot Cars that may be required for delivery. Summary of Charges Model: MO6412 Quantity: 1 Total Charges for(1) Building(s): $56,196.39 Page 1 of 3 I WI LLSCQT I Williams Scotsman, Inc. TM Insurance Requirements Addendum QTY PRODUCT MO6412 Lessee: CITY OF RANCHO PALOS VERDES Your WillScot Representative Aaron Zabel, Sales Representative Phone: (559) 498-5905 Email: aaron.zabel@willscot.com Toll Free: 800-782-1500 EQUIPMENT VALUE/BUILDING $31795.00 Contract Number: 1562738 Revision: 7 Date: November 11, 2021 DEDUCTIBLE PER UNIT $3000.00 Pursuant to the Williams Scotsman Lease Agreement and its Terms and Conditions ("Agreement"), a Lessee is obligated to provide insurance to Williams Scotsman, Inc. ("Lessor") with the following insurance coverage: 1. Commercial General Liability Insurance: policy of combined bodily injury and property damage insurance insuring Lessee and Lessor against any liability arising out of the use, maintenance, or possession of the Equipment. Such insurance shall be in an amount not less than $1,000,000 per occurrence, naming the Lessor as Additional Insured and Loss Payee. 2. Commercial Property Insurance: covering all losses or damage, in an amount equal to 100% of the Equipment Value set forth in the Lease providing protection against perils included within the classification and special extended perils (all "risk" insurance), naming the Lessor as Additional Insured and Loss Payee. Commercial General Liability Insurance Lessee is providing Commercial General Liability Insurance in accordance with the requirements set forth in the Lease Agreement and Lessee shall provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee fails to deliver the required certificate of insurance, Lessee understands and agrees that the Lessor has the right to impose a missing insurance certificate fee. Commercial Property Insurance Lessee is providing Commercial Property Insurance in accordance with the requirements set forth in the Lease Agreement and shall provide a certificate of insurance in the manner and within the time frame set forth in the Agreement. If Lessee fails to deliver the required certificate of insurance. Lessee understands and agrees that the Lessor has the right to impose a missing insurance certificate fee. FOR INFORMATIONAL PURPOSE ONLY: Please forward this document to your insurance carrier. Page 2 of 3 I WILLSCOT I Williams Scotsman, Inc. TM Clarifications Your WillScot Representative Aaron Zabel, Sales Representative Phone: (559) 498-5905 Email: aaron.zabel@willscot.com Toll Free: 800-782-1500 Contract Number: 1562738 Revision: 7 Date: November 11, 2021 *Final Return Charges are estimated and will be charged at Lessor's prevailing rate at time of return. **All prices exclude applicable taxes. All Lessees and Leases are subject to credit review. In addition to the stated prices, customer shall pay any local, state or provincial, federal and/or personal property tax or fees related to the equipment identified above ("Equipment"), its value or its use. Lessee acknowledges that upon delivery of the Equipment, this Agreement may be updated with the actual serial number(s), delivery date(s), lock serial number(s), etc, if necessary and Lessee will be supplied a copy of the updated information. Prices exclude taxes, licenses, permit fees, utility connection charges, site preparation and permitting which is the sole responsibility of Lessee, unless otherwise expressly agreed by Lessor in writing. Lessee is responsible for locating and marking underground utilities prior to delivery and compliance with all applicable code requirements unless otherwise expressly agreed by the Lessor in writing. Price assumes a level site with clear access. Lessee must notify Lessor prior to delivery or return of any potentially hazardous conditions or other site conditions that may otherwise affect delivery, installation, dismantling or return of any Equipment. Failure to notify Lessor of such conditions will result in additional charges, as applicable. Physical Damage & Commercial Liability insurance coverage is required beginning on the date of delivery. Lessor is not responsible for changes required by code or building inspectors. Pricing is valid for thirty (30) days. Please note the following important billing terms: • In addition to the first billing period rental and initial charges, last billing period rent for building and other recurring rentals/services (excluding General Liability Insurance and Property Damage Waivers), will be billed on the initial invoice. Any amounts prepaid to Williams Scotsman will be credited on the final invoice. • Invoices are due on receipt, with a twenty (20) day grace period. Interest will be applied to all past due amounts. • Invoices are due on receipt, with a twenty (20) day grace period. Late fees will be applied to all past due amounts. • Williams Scotsman preferred method of payment is ACH. Payments made by check are subject to a Paper Check Fee, charged on the next invoice following payment by check. • Williams Scotsman preferred method of invoicing is via electronic transmission. Customers are encouraged to provide an email address or use MMConnect. Invoices sent standard mail are subject to a paper invoice fee, charged on the following invoice. Lessor hereby agrees to lease to Lessee and Lessee hereby agrees to lease from Lessor Modular Equipment and Value Added Products (as such items are defined in Lessor's General Terms & Conditions) selected by Lessee as set forth in this Agreement. All such items leased by the Lessee for purposes of this Lease shall be referred to collectively as the "Equipment". By its signature below, Lessee hereby acknowledges that it has read and agrees to be bound by the Lessor's General Terms & Conditions (5-5-21) located on Lessor's internet site (https://www.willscot.com/About/terms-conditions) in their entirety, which are incorporated herein by reference and agrees to lease the Equipment from Lessor subject to the terms therein. Although Lessor will provide Lessee with a copy of the General Terms & Conditions upon written request, Lessee should print copies of this Agreement and General Terms & Conditions for recordkeeping purposes. Each party is authorized to accept and rely upon a facsimile signature, digital, or electronic signatures of the other party on this Agreement. Any such signature will be treated as an original signature for all purposes and shall be fully binding. The undersigned represent that they have the express authority of the respective party they represent to enter into and execute this Agreement and bind the respective party thereby. lnvoicin O tions select one [ ]Paperless Invoicing Option Williams Scotsman prefers electronic invoicing, an efficient, convenient and environmentally friendly process. To avoid fees, provide us with the proper email address for your invoices Corrected Email Address: Signatures Lessee: CITY OF RANCHO PALOS VERDES Signature: Print Name: Title: Date: PO#: [ ]Standard Mail Option Customer prefers to receive paper invoice via mail. Fees may apply. Invoices will be mailed to: 30940 HAWTHORNE BLVD PALOS VERDES PENINSULA, California 90275 Enter a new billing address: ____________ _ Lessor: Williams Scotsman, Inc. Signature: Print Name: Title: Date: PLEASE RETURN SIGNED AGREEMENT TO: LAXLeases@willscot.com Page 3 of 3 From: Sent: To: Cc: Subject: Honorable Mayor Bradley, Katie Lozano Tuesday, March 15, 2022 11 :25 AM cc CityClerk Fw: Late Correspondence for Agenda Item #4 Thank you very much for your questions and for finding that error in the contract. We contacted Willscot Mobile Mini and we were able to get clarification. The $111 dollars per month was the insurance fee. When negotiating the contract, the insurance was removed as we are self-insured. This line item was removed, however the glitch in their system kept the fee. So we will be saving $4,329 over the life of the contract. The revised contract amount is $56,196.39. In regards to the man hours, they do not have a set amount of hours as each install may have unseen issues with the physical site. This is their standard block of time and we do not anticipate it the install to be over 90 man hours. The 'fuel surcharge' is their way to cover the fluctuating fuel costs. This differs from their delivery and return freight fee. The City Clerk has the new contract is uploading it to the website. Please let me know if I can provide any additional information. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department City of Rancho Palos Verdes 310-544-5267 From: David Bradley <david.bradley@rpvca.gov> Sent: Monday, March 14, 2022 8:33 PM To: Katie Lozano <KatieL@rpvca.gov> Cc: CityClerk <CityClerk@rpvca.gov>; Ara Mihranian <AraM@rpvca.gov> Subject: RE: Late Correspondence for Agenda Item #4 Katie, Under subtotal of other recurring charges, why is it not $457 ($357+$100)? Where did the other $111 come from? How many man hours are attached to the installation of the trailer? Right now at $50/hr they are spending 90 man hours? Is this reasonable? And lastly what does the "fuel surcharge" cover that the delivery and return freight doesn't cover? 1 f. Thanks Dave David Bradley Mayor and Council member -Rancho Palos Verdes david. brad ley@rpvca.gov (310) 487-2418 Cell Phone City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 From: Katie Lozano <KatieL@rpvca.gov> Sent: Monday, March 14, 2022 4:53 PM To: CC <CC@rpvca.gov> Cc: CityClerk <CityClerk@rpvca.gov> Subject: Late Correspondence for Agenda Item #4 Honorable Mayor and City Council Members, Please find the attached agreement with Willscot Mobile Mini. This agreement is part of the March 15, 2022 City Council Agenda Item #4 and is submitted as late correspondence. City Clerk Staff will post this agreement to the City's webpage. Thank you, Katie Lozano Senior Administrative Analyst Recreation and Parks Department katiel@rpvca.gov Phone -(310) 544-5267 City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Website: www.rpvca.gov DOWNLOAD 'Ill'!' ~ CM;t!TOU ~,,... Google Play This e-mail message co11tai11s information belonging to the City of Rancho Palos Verdes, which may be pdvilc(Jccl, confide11tial and/or protected from cJisclosure. The information is intended only for use of the individual or entity named. Unauthorized dissemination, distributior1, or copyinq is strictly prnhibitccl. If you received this email in error, or ar·e not an intended recipient, please notify the sender irnrnecliately. Thank you for your assistance and cooperation. 2 From: Sent: To: Subject: Lois Karp <JLKarp@Cox.net> Tuesday, March 15, 2022 12:20 PM CityClerk City Council Agenda item CAUTION: This email originated from outside of the City of Rancho Palos Verdes. PVE City Council I travel along the PV Dr. West road all the time and am not in favor of a roundabout. Lois Karp 1 5