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HomeMy WebLinkAbout08/15/2000South Coast Air Quality Management District Main Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Mayor Debby O'Connor Mayor Pro Tem Eileen Amari Council Member Wen Chang Council Member. Carol Herrera Council Member BobHuff City Manager Terrence L. Belanger. City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of stafxeports or other written documentation relating to agenda items are on file in the Office of the City Clert and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk; at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title ll ofthe Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Cleric a minimum of 72 hours prior to the scheduled meeting. CouncilH2ve online access? City A•- • no•n the City • Diamond • i •• Pleaserefrain from smoking, eating or drinking in the Council Chambers. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings of the Diamond Bar city council are open to the public. A member ofthe public may address the Council on the subject of one or more agenda iters and/or other items of interest which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk Asa general rule the opportunity forpublic comments will take place at the discretion of the Chair. However, in order to facilitate the meeting Persons who are interested parties for an item may be requested to give their presedation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business ofthe Council. Individuals are requested to refrain from personal attacks towards Council Members or other citizens. comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. Your cooperation is greatly appreciated_ In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency, or when a subject matter arises subsequent to the posting ofthe agenda, upon making certain findings the Council may act on an item that is not on the posted agenda CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting ofthe Diamond Bar City Council A. Disorderly behavior toward the Council or any member ofthe.staffthereof, tending to interrupt the due and orderly course of said meeting B. A breach ofthe peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board-, and D. Any other unlawful' interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem Every meeting ofthe City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons withmobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE - General Information (909) 860-2489 NOTE: ACTION MAYBE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. .[:32 s t } { EE 3 x k1 ; . .{? --a #- ` Next Resolution No.. 2000-50 Next Ordinance No. 06(2000) STUDY SESSION: 4:30 p.m.. CC-8 Joint Meeting with Planning Commission 1. CLOSED SESSION: 6:00 p.m., CC-8 Conference with Legal Counsel Existing Litigation (Subdivision (a) of Government Code Section 54956,9) City ,of Diamond Bar vs. State of California 2. CALL TO ORDER: 6:30 p.m., August 15, 2000 PLEDGE OF ALLEGIANCE Mayor INVOCATION: Pastor Dennis Stueve Mt. 1 Calvary Lutheran Church ROLL CALL: Council Members Chang, Herrera Huff, Mayor Pro Tem Ansari, Mayor O`Connor APPROVALOFAGENDA: Mayor 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1. Proclaiming September, 200b as 'National Alcohol and Drug Addiction Recovery Month - Recovering Our Future: One Louth at 'a ,Time." 3.A.2 Presentation by Sheriff's Department Re: Year-End Crime Statistics 3B. CITY MANAGER REPORTS AND RECObWENDATIONS 4 4.a PUBLIC COb=NTS: "Public..Comments" is the' time reserved on e=ach regular meeting agenda to provide an opportunity for membersy address the 'of the public todirectl Council on Consent Calendar items or matters of interest to the public that are not already scheduled :for consideration,on this agenda. Although the City Council values your comments, pursuant to the Brown .Act, the Council generally cannot take any action on items not listed on the posted agenda. Please' complete a Speaker's Card and give it to the City Clerk (completion of this'-form is voluntary). There is a five AUGUST 15 2000 PAGE 2 minute maximum time limit when addressing the City Council 4,b RESPONSE TO PUBLIC CONMENT' Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5 SCHEDULE OF FUTURE EVENTS: 5.1 CONCERT IN THE PARK - August 16, 2000 - (The Sevilles - Music of the 50's and 601s) - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. (MEET TREMOR, THE RALLYSAURUS FROM THE QUAKES ORGANIZATION!) 5.2: COMMUNITY FOUNDATION - August 17, 2000 7:00 p.m., AQMD - CC -8, 21865 E. Copley Dr 5.3 PLANNING COMMISSION - August 22, 2000 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5,4 CITY ON LINE COMMITTEE - August 22, 2000 - 6:00 8:00 p.m., AQMD Room CC 3&5, 21865 E. Copley Dr. 5.5 CONCERT IN THE PARK - August 23, 2000 (The Fenians - Irish Quintet) - 6:30 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. "FinalConcert of Summer 2000.11 5.6 PARKS AND RECREATION COMMISSION - August 24, 2000 - 7:00 p.m;_, AQMD Board Hearing Room, 21865 E Copley Dr. 5.7 NIGHT AT THE QUAKES - August 30, 2000- $10.00 per ticket - Meet at 5:15 p.m at City Hall, 21660 E. Copley Dr. - Bus leaves City Hall at 5:30 pm. 5.8 LABOR DAY HOLIDAY - September 4, 2000 - City Offices will be closed. Will re -open Tuesday, September 5, 2000. 5.9 CITY COUNCIL MEETING September 5,, 2000 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6_. CONSENT CALENDAR: 6.1 VOUCHER REGISTER Approve Voucher Register dated August 15 2000 in the amount of $367,171.58. Requested by Finance Division 6.2 LOCAL _LAWENFORCEMENT SUPPLEMENTAL FUNDING - CITIZENS OPTION FOR PUBLIC' SAFETY (COPS) AB 3229- FUNDING FOR FY 2000-01 The Citizens Option -for Public Safety (COPS) AUGUST 15, 2000 PAGE 3 Program was established in 1996. The COPS program is intended for front-line law enforcement services,' including anti -gang and crime prevention. Itis estimated that for FY 2000-01, the City will receive $129,000. To comply with COPSregulations, the City Council must review the funding request from the Walnut/Diamond Bar Sheriff's Station. In the past, COPS funding has been used to fund a Bike Team, volunteer patrol activities, specialized training, special enforcement, and overtime Sheriff's personnel for the school traffic safety program. Capt. Alexander R. Yim of the Walnut/Diamond Bar Sheriff's Station submitted correspondence dated May 5, 2000 which outlines his recommendation for the expenditure of AB 3229 funding for FY 2000-01. Upon review of the funding request, Council must approve the necessary budget adjustment for receipt and expenditure of grant funds Recommended Action: It is recommended that the City Council review the recommended use of funds as requested by Capt. Yim and approve the necessary budget adjustment - for receipt and expenditure of grant funds. Requested by: City Manager' 6.3 EXTENSION OF CONTRACTING SERVICES AGREEMENT WITH HULS ENVIRONMENTAL MANAGEMENT, LLC FOR INTEGRATED ENVIRONMENTAL MANAGEMENT SERVICES Since 1995, the City has contracted with Huls Environmental Management for consulting services addressing'stormwater solid waste, recycling, waste prevention and public outreach to achieve and maintain environmental compliance in an integrated fashion. The City's agreement with his firm will expire on August 15, 2000. The existing contract allows the City to extend the contract; consequently, the City is prepared to extend the: contract `for another year. This extension will represent the fifth year of contract extension. Continued from July 16 2000. Recommended Action: It is recommended 'that 'the City Council (1) find that it is in the City' -s best interest to extend the existing contract and (2). approve and authorize the Mayor to extend: the Consulting Services agreement with Huls Environmental Management in an amount not -to -exceed $69,650 for services relating to the administration of the City's Integrated Environmental Services Program, including administration of the solid waste system, coordination of the AB 939 program activities, management of the City's used oil and litter reduction grants, and implementation of the NPDES permit requirements. AUGUST 15, 2000 PAGE 4 Requested by: Public Works Division 7. PUBLIC HEARINGS: 7:00 p.m., or; as soon thereafter as matters may be heard. 7.1 PUBLIC HEARING: RESOLUTION NO. 89-97P: A RESOLUTION OF THE CITY COUNCIL IL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR:DESIGNATED CITY PERSONNEL - The Political Reform, Act requires every local government agency to adopt a conflict of interest code designating certain positions participating in making decisions which may affect financial interests. In addition, local agencies are required to conduct a review of its conflict of interest code biennially to determine if it is accurate or if the code must be amended.Upon review of, the City's Code, it has' been determined that several amendments are necessary to bring the Code into .compliance. These changes include: Addition of Assistant Engineer and Associate Civil Engineer and removal of Associate Engineer, Deputy Director of Public Works., Senior Accountant and Treasurer. Recommended Action,: It is recommended that the City Council open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89-97P adding the positions of Asst. Engineer and Associate Civil Engineer and removing Associate Engineer, Deputy Director of Public Works, Senior Accountant and Treasurer. Requested by: City Clerk 7.2 PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT-LLEBG FUNDING FOR FISCAL YEAR 1999-2000 The Omnibus FY 1999 Appropriations Act, Public Law -105-277, provides for the implementation of the LLEBG Program. The purpose of the. LLEBG Program �is to provide units: of local government with funds to underwrite projects to reduce crime and improve public safety. The public hearing is for LLEBG funds for fiscal year 1999-00. For FY 1995-00, the City will receive $65,026 and is obligated to match $7,225. As requested, by Capt. , Alexander R. Yim:, of, the Walnut/Diamond Bar Sheriff's Station, the LLEBG funds will be utilized for theDiamond Bar Special Programs Unit/High Impact Team Deputy. An advisory board has reviewed the proposed use of funds and concurs with the recommendation of Capt. Yim. Prior to the obligation of funds, a public hearing is required. Recommended Action: It is recommended that the City Council open the Public Hearing, receive testimony, and approve the tecommended,use of funds as required by the AUGUST 15, 2000 PAGE 5 Walnut/Diamond Bar Sheriff's Station. Requested by City Manager 8 OLD BUSINESS 8.1 AWARD OF CONTRACT TO USA 'WASTE OF CALIFORNIA, INC. DBA WASTE MANAGEMENT OF SAN GABRIEL/POMONA VALLEY, INC. FOR REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND'RECYCLING FOR THE RESIDENTIAL SECTOR This staff report addresses the Agreement recently negotiated with USA Waste of California, Inc. dba Waste Management of San Gabriel/Pomona Valley ("contractor")for exclusive collection of refuse from the residential sector: This Agreement covers all barrel -served accounts, and any temporary roll -off box and bin service, associated with that sector. The Agreement was negotiated based on direction given by Council at its meetings of June 6 and August 1, 2000. Council requested that staff negotiate with the Contractor to come to a 10 -year agreement on provision of services" for the residential sector. Continued from August 1, 2000. Recommended Action: It is recommended that the City Council approve and authorize the Mayor to execute a 10— year Agreement (8/15/00 through 8/15/10) with USA Waste of California, Inc. dba Waste Management of San Gabriel/Pomona Valley, to provide exclusive refuse collection, transportation, disposal and recycling services for the residential sector within the City,. Requested by Public Works Division 8.2 AWARD OF CONTRACT TO VALLEY VISTA SERVICES, INC FOR REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND RECYCLING FOR THE NON-RESIDENTIAL SECTOR - This staff report addresses the Agreement recently negotiated with Valley Vista Services, Inc. ("Contractor"), for exclusive collection of refuse from all non-residential sector generators: This Agreement covers all bin - served accounts and temporary roll-off,box services, including residential units that use bins. The Agreement was negotiated based on direction given by Council at its meeting of June 6, 2000 and August 1 2000. Council requested that staff negotiate with the Contractor for a 10 -year agreement on provision of services for the non-residential sector. Continued' from August 1, 2000. Recommended Action: It is recommended that the City Council approve and authorize the Mayor to execute a ten-year Agreement (8/15/00 through 8/15/10) with AUGUST 15, 2000 PAGE 6 Valley Vista Services, Inc. to provide exclusive refuse collection, transportation, disposal and recycling services for the non-residential sector, within the City. Requested by: Public Works Division 8.3 CITY COUNCIL GOALS AND OBJECTIVES - The City Council held Study Sessions on May 2, 2000,and June 6, 2000 to discuss Goals and -Objectives for FY 20-00-01. Goals and their various subsections were rated and ranked. At its August 1, 2000 Study Session), the City Council finalized the list of Goals and Objectives for FY 2000- 01. The final list is comprised of 26 goals and subsections of those goals. Recommended Action: It is recommended that the City Council accept the Goals and Objectives for FY 2000-011. Requested by: City Manager,. 9. NEW BUSINESS: 9.1 RESOLUTION NO. 2000 -XX: A RESOLUTION :OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR - At its June 20 meeting, the City Council approved the FY 2-000-01 Municipal Budget. The General FundAppropriations included estimated costs for the CalPERS 2% @ 55 Full I formula (Section 21354) Retirement Benefit. In order to amend the current contract to provide Section 213541 CALPERS requires a series of agency actions. Adoption of Resolution No. 2000 -XX is the first required agency action.. Resolution No. 2 -000 -XX and the proposed contract amendments are included in this staff report. Recommended Action. It is recommended that the City Council adopt Resolution No. 2000 -XX, Resolution of Intention.to,Approve an'Amendment to Contract between the Board of Administration California Public Employees' Retirement System and the City Council authorize the City Clerk to execute Certification of Governing Body's Action (PERS-CON-12). Requested by: City Manager 9.2 FIRST READING OF -ORDINANCE NO. 0X(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF AUGUST 15, 2000 PAGE 7 THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS)— At its June 20 meeting, Council was presented with the FY 2000-01 Municipal Budget overview.. Included in the overview were personnel recommendations including a contract amendment for the CalPERS 2% @ 55 Full formula (Section 21354) Retirement Benefit. The Budget document presented included appropriations for the estimated cost associated with CalPERS contract amendment. At its June 20, 2000 meeting, the City Council adopted the FY 2000-01 ,Municipal Budget including the CalPERS contract amendment to.include Section 21354. In order to amend the current contract to provide 21354, CALPERS requires a series of agency actions. Adoption of Ordinance No. 0X(2000) is the next required agency action. Ordinance No. 0X(2000) and the proposed contract amendments are included in this staff report. Recommended Action. mm It is recommended that the City Council introduce Ordinance No. OX(2000) authorizing an amendment to the contractwiththe Board of Administration California Public Employees' Retirement System and the City Council oftheCity of D.B. and authorize the City Clerk to execute CON -12A, Certification of Compliance with Government Code Section 7507. Requested by: City Manager 9.3 FIRST READING OF ORDINANCE NO. OX(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF A NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The CaliforniaRegional Water Quality Control Board Los Angeles Region (Regional Board) approved the final version of the Standard Urban Storm Water Mitigation Plans (SUSMPs) on January 26, 2000. The SUSMPs must be implemented by.all L.A. County storm water cQ-permittees, including the City, to take,effect by October 8, 2000,or face a fine of $10,000 per day. Council passed Resolution NO. 2000-12 on February 15, 2000, supporting a: petition to the;Sta:te Water Resources Control Board (SWRCB) contesting the Regional Bo:ard1s action on the SUSMPs. That -petition is under consideration by the SWRCB. In the meantime, the.City must implement the SUSMPs'; and this ordinance establishes the means to do so. If, in:t-he future the SWRCB addresses the City's concerns adequately, the Municipal Code could be modified. The specific modifications to the Municipal Code are described in AUGUST 15, 2000 PAGE 8 the report.. _ Recommended Action: It is recommended that the City Council approve for first reading by title only, waive full reading Of Ordinance No. 0Xt2000) Amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide Storm. Water Pollution Control for Planning and Construction of new Development and Redevelopment Projects and Amending the Diamond Bar Municipal Code. Requested by Public; Works Division RECESS TO REDEVELOPMENT AGENCY Next Resolution. No.. RA 2000-02 1. CALL TO ORDER,: Chairman ROLL'CALL:: Agency Members Ansari, Herrera, O'Connor, VC/Chang, C/Huff 2. PUBLIC CONMNTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Agency on,Consent Calendar items or matters of interest to the public that .are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any,action on items not listed on the posted agenda. Please complete a`Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary). There is a five minute: maximum time limit when addressing the Redevelopment Agency. 3 CONSENT CALENDAR: 3.1 VOUCHER REGISTER Approve Voucher Register dated August 15, 2000 in the amount of $4,644..25. Requested by' Finance Division 4. PUBLIC HEARINGS: None 5. OLD.BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for, action at a future meeting. CITY OF DIAMOND BAR "QUICK CAP- MINUTES AUGUST 15, 2000 JOINT STUDY SESSION WITH THE PLANNING COMMISSION: Mayor O'Connor called the Joint Study Session to order at 4:40 p.m. in Room CC-8 of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Sar, CA. Council Members Present: Chang, Herrera, Huff and Mayor O'Connor. Council Member Ansari was absent. Planning Commissioners Present: Ruzicka, Tye and Vice Chairman Zirbes.. Commissioner'Kuo and Chairman Nelson were absent. Also present were: James DeStefano, Deputy City Manager David Doyle; Deputy City Manager; Mike Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director Linda Magnuson, FinanceDirector`; Mike Nelson, Communications and Marketing Director Lynda Burgess, City Clerk; Teresa Arevalo, Sr. Administrative Assistant; Linda Smith, Development Services Assistant; Sonja Joe, Development Services Assistant; Al Flores, Code Enforcement Officer Ruben Soriano, Code Enforcement Officer; Sgt. Bill Flannery, Walnut/D.B. Sheriff; Deputy Bill, Song, Walnut/D.B. Sheriff; and Michael Huls; Huls Environmental Management, LLC. Following an announcement by CA/Jenkins, M/O'Connor moved, seconded by C/Huff'to add to the Closed 'Session agenda a conference with Legal Counsel Existing Litigation (Subdivision (a) of Government Code 'Section 54956.9) Barbara Beach- Cours chene et al vs City of Diamond Bar. Motion carried 4-0-1 by the following Roll Call vote (MPT/Ansar absent) . ADJOURNED STUDY SESSION: 5:50 p.m. 1 CLOSED SESSION: 5:50 p.m., AQMD Room CC -8 1.1 Conference .with Legal Counsel - Existing Litigation. (Subdivision (a) of Government Code Section 54956.9) - Barbara Beach-Courschene, et al vs City of Diamond Bar. 1.2 Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Government Code Section 54956.9) City of Diamond Bar vs. State of California 2. CALL TO ORDER: Mayor O'Connor called the regular meeting to order at 6:40 p.m. in. the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Herrera: AUGUST 15, 2000 PAGE 2 INVOCATION: The Invocation was 'given by Pastor Dennis Stueve, Mt. Calvary Lutheran: Church ROLL.CALL: Council Members Chang, Herrera, Huff, and Mayor O'Connor.. MPT/Ansari was excused. APPROVAL OF AGENDA:Consensus to continue Item 9.3 to September 5, 2000. 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A,.1 Proclaimed September, 2000 as "National Alcohol and Drug Addiction Recovery Month Recovering Our Future: One Youth at a Time.,, 3.A.2 Presentation by Deputy Bill Song, Walnut/D.B. Sheriff Re: Year -End Crime Statistics 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4.a. PUBLIC COMMENTS: Ruben and Josh, Field Representatives, Assemblyman Pacheco's office.' Andrew Merkel re lack of grocery store in the southern portion of D.B. 4.b RESPONSE TO PUBLIC COMMENT: DCM/DeStefano reported on the City's marketing efforts to bring another grocery store into the former Ralph's site in'The'Country Hills Towne Center. 5. SCHEDULE OF FUTURE EVENTS 5.1' CONCERT IN THE PARK August 16 2000.(The Sevilles - Music of the 501s and 601s) - 6:30 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. (MEET TREMOR, THE RALLYSAURUS FROM THE 'QUAKES ORGANIZATION!) 5.2 COMMUNITY FOUNDATION August 17, 2000 7:00 p.m., AQMD CC -8, 21865 E. Copley Dr, 5.3 PLANNING COMMISSION - August 22, 2000 7:00 p.m., AQMD Auditorium, 21865. E. Copley Dr. 5.4 CITY ON LINE COMMITTEE August 22, 2000 - 6:00 - 8:00 p.m., AQMD Room CC 3&5, 21865 E. Copley Dr. 5.5' CONCERT IN THE PARK August 23, 2000 (The Fenians - Irish Quintet) - 6:30 8-00 p.m., Sycamore Canyon Park, AUGUST 15, 2000 PAGE 3 22930 Golden Spgs. Dr. "Final Concert of Summer 2000." 5.6 PARKS AND RECREATION COMMISSION - August 24, 2000 - 7:00 p.m.,'AQMD Board Hearing Room;.21865 E. Copley Dr. 5.7 NIGHT AT THE QUAKES -August 3`0, 2000- $10.00 per ticket Meet at 5:15 p.m. at City Hall, 21660 E. Copley Dr. - Bus leaves City Hall at 5:30 p.m. 5.8 LABOR DAY .HOLIDAY'- September ;4, 2000 - City Offices will be closed. Will re -open Tuesday, September5,_ 2000. 5.9 CITY COUNCIL MEETING - September 5, 2000 - 6:30 p.m. , AQMD Auditorium, 21865 E. Copley Dr. 6., CONSENT CALENDAR: Moved by C/Huff, seconded by C/Chang to approve the Consent Calendar. Motion carried 4-0-1 by the following Roll Call vote (MPT/Ansari absent): 6.1 APPROVED VOUCHER REGISTER - dated August 15, 2000 in the amount of $367,171.58 (M/O'Connor abstained from approval of P.O. in the amount of due to a potential conflict of interest relating to the Lanterman Developmental Center Forensic Expansion Project). 6.2 APPROVED LOCAL LAW ENFORCEMENT SUPPLEMENTAL FUNDING CITIZENS.OPTION FOR PUBLIC SAFETY (COPS) AB 3229 FUNDING FOR FY 2000-01- reviewed the recommended useof funds as requested by Capt. Yim and approved the 'necessary budget adjustment for receipt and expenditure of grant funds. It is estimated that the City will receive funds in the amount of $129,000. 6.3 EXTENDED CONTRACTING SERVICES AGREEMENT WITH HULS ENVIRONMENTAL MANAGEMENT, LLC FOR INTEGRATED ENVIRONMENTAL MANAGEMENT SERVICES - (1) ;found that it is in the City's best interest to extend the existing contract and (2) approved and authorized the Mayor to extend the Consulting Services agreement with Huls Environmental Management in an amount not -to -exceed $69,650 for services relating to the administration of the City's Integrated' Environmental Services Program, including administration of the solid' waste system, coordination of the AB 939 program activities, management of the City's used oil and litter reduction grants, and implementation of the NPDES permit requirements. 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 PUBLIC HEARING: RESOLUTION NO. 89-97P: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE AUGUST 15, 2000 PAGE 4 CITY'S CONFLICT OF :INTEREST CODE FOR DESIGNATED CITY PERSONNEL - The Political Reform Act requires every local government agency to adopt a conflict of interest code designating certain positions participating in making decisions which may affect financial interests. In addition, local agencies are required to conduct a review of its conflict of interest code biennially to determine if it is accurate or if the code must be amended. Upon review of the City's Code, it has been determined that several amendments are necessary to bring the Code into compliance. These changes include: Addition of Assistant Engineer and Associate Civil Engineer and removal of Associate Engineer, Deputy Director of Public Works, Senior AccountantandTreasurer-. M/O'Connor opened the Public Hearing, There being no testimony offered, M/O'Connor cloned the Public Hearing. Moved by C/Herrera,,: seconded by C/Chang to adopt' Resolution No. 89-97P adding the positions of Asst. Engineer and Associate Civil, Engineer and removing Associate Engineer, Deputy Director of Public Works, Senior Accountant and Treasurer. Motion carried 4-0-1 (MPT/Ansari absent) by the following Roll Call vote: 7.2 PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT-LLEBG FUNDING FOR !FISCAL YEAR 1999-2000 The Omnibus FY 1999 Appropriations Act, Public Law 105-277,: provides for the implementation of the LLEBG Program.. The purpose of the LLEBG Program is to provide units of local' government with funds to underwrite projects ,to reduce crime and improve public safety. The public hearing is for LLEBG funds for fiscal year 1999-00 For FY 1999-00, the City will receive $65,026 and is obligated to match $7,225 As requested, by Capt. Alexander R. Yim of the Walnut/Diamond Bar Sheriff's Station, the LLEBGfunds will be utilized for the Diamond Bar Special Programs Unit/High Impact Team Deputy. An advisory board has reviewed the proposed use of funds and concurs with the recommendation of Capt. Yim. Prior to the obligation of funds, a public hearing ,is required M/O'Connor opened the 'Public Hearing. There being no testimony offered, M/O'Connor closed the Public Hearing. Moved by C'/Herrera, seconded by C/Chang to approve the recommended use of funds as required by the Walnut/D.B. AUGUST 15, 2000 PAGE'5 Sheriff's Station. The City will receive $65,026 for FY 99-00 and is required to match $7,225 Motion carried 4- 0-1 (MPT/Ansari absent) by the following Roll Call vote: .8. OLD BUSINESS; 8.1 AWARD OF CONTRACT TO USA WASTE OF CALIFORNIA, INC. DBA WASTE MANAGEMENT OF SAN GABRIEL/POMONA VALLEY, INC. FOR REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND RECYCLING FOR THE RESIDENTIAL SECTOR - This staff report addresses the Agreement recently 'negotiated with USA Waste of California, Inc. dba' Waste Management of San Gabriel/Pomona Valley ("contractor"') for exclusive collection of refuse from the residential sector. This Agreement covers all barrel -served accounts,and any temporary roll -off box and bin service, associated with that sector. The Agreement was negotiated based on direction given by Council at its meetings of June 6 and August 1 2000. Council requested that staff negotiate with the Contractor to come to a 10 -year agreement on "provision of services for the residential sector. Continued from August 1, 2000: Don Gravdahl Didn't see any ;provision in contract for homeowner to purchase his/her own can to ;reduce the monthly fee. Moved by C/Chang, seconded by C/Duff to approve and authorize the Mayor to execute a 10 -year Agreement (8/15/00` through 8/15/10) with USA Waste of California, Inc. dba Waste Management of San Gabriel/Pomona Valley, to provide exclusive refuse collection, transportation; disposal and 'recycling services for the residential sector within the City. Motion carried 4-0-1 (MPT/Ansari absent) by the following Roll Call vote: 8.2 AWARD OF CONTRACT TO VALLEY VISTA SERVICES, INC. FOR REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND RECYCLING FOR THE NON-RESIDENTIAL SECTOR - This staff report addresses the Agreement recently negotiated with Valley Vista Services, Inc. ("Contractor"), for exclusive collection of refuse from all non -.residential' sector generators This Agreement covers all bin -served accounts and temporary roll -off box services, including residential units that use bins. The Agreement was negotiated based on direction given by Council at its meeting of June 6, 2000 and August 1, 2000. Council requested that staff negotiate with the Contractor for a 10 year agreement on`provi,sion of services for the non- residential sector. Continued from August 1, 2000. AUGUST 15 2000 PAGE 6 9. Moved by M/O'Connor, seconded by C/Chang to approve and authorize the Mayor to execute a ten-year Agreement (8/15/00 through 8/15/10) with Valley Vista Seryices, Inc to provide exclusive refuse collection, transportation, disposal and recycling' services for the non-residential sector within the City,. Motion carried 4-0-1 (MPT/Ansari absent) by the following Roll Call vote: 8.3 CITY COUNCIL GOALS AND OBJECTIVES Council held Study Sessions on May 2, 2000 and; June 6, 2000todiscuss Goals and Objectives for FY 2000-01. Goals and their various subsections were rated and ranked. At its August 1, 2000 Study Session, Council finalized the list of Goals and Objectives for FY 2000-01. The final fist is comprised of 26 goals and subsections of those goals. Moved by C/Herrera:, seconded by C/Huff to accept the Goals and Objectives for FY 2000-01. Motion carried 4-0- 1 (MPT/Ansari -01`(MPT/Ansari absent) by the following Roll Call vote: NEW BUSINESS: 9.1 RESOLUTION NO. 2000-50: A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR At its June 20 meeting, Council approved the FY 2000-01 Municipal Budget. The General Fund Appropriations included estimated costs for the CalPER.S' 2% @ 55 Full formula (Section 21354) Retirement Benefit. In order to amend the current contract to provide Section 21354, CALPERS requires a series of agency actions Adoption of Resolution No, 2000 -XX is the first required agency action. Resolution No. 2000 -XX and the proposed contract amendments are included in this staff report Moved. by C/Herrera, seconded by C/Chang to adopt Resolution No. 2000-50; Resolution of Intention to Approve an Amendment to Contract between the Board of Administration California Public Employees' Retirement System and the City Council authorize the City Clerk to execute Certification of Governing Body's Action (PERS- CON-12). Motion carried 4-0-1 (MPT/Ansari absent) by the following Roll Call vote: 9.2 FIRST READING OF -ORDINANCE NO.. 06(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING' AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA AUGUST 15, 2000 PAGE 7 PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CalPERS) At its June 20 meeting, Council was presented with the FY 20001- 01 Municipal Budget Overview. Included in the overview were personnel recommendations including a contract amendment for the CalPERS 2% @ 55 Full formula (Section 21354) Retirement Benefit. The Budget document presented included appropriations for the estimated cost associated with CalPERS contract amendment. At its June 20, 2000 meeting, the City Council adopted the FY 2000-01 Municipal Budget including the CalPERS contract amendment to include Section 21354. In order to amend the current contract to provide 21354, CALPERS requires a series of agency actions. Adoption' of Ordinance No. 0X(2000) is the next required agency action. Ordinance No. 0X(2000) and the proposed contract amendments are included in this staff report. Moved by C/Herrera, seconded by'C/Huff to introduce. Ordinance No 06(2000) authorizing an amendment to the contract with the Board of Administration California, Public Employees' Retirement System and the City Council of the City of D.B. and authorize the City Clerk to execute CON -12A, Certification of Compliance with Government CodeSection 7507 Motion carried 4-0-1 (MPT/Ansari absent) by the following Roll Call vote: 9.3 Continued to September 5; 2000 - FIRST READING OF ORDINANCE NO. 0X(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER -AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF A NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The California Regional Water Quality Control Board' - Los Angeles Region (Regional Board) approved the final version of the Standard Urban Storm Water Mitigation Plans (SUSMPs) on January 26, 2000. The SUSMPs must be implemented by all L.A.County storm water co -permittees, including the City, to take effect, by October 8, 2000 or face a fine of $10,000 per day. Council passed Resolution NO. 2000-12 on February 15, 2000, supporting a petition to the State Water Resources Control Board (SWRCB) contesting the Regional Board's action on the SUSMPs. That petition is under consideration by the SWRCB. In the meantime, the City must implement the SUSMPs; and this ordinance establishes the means to do so. If,_ in the future the SWRCB addresses the City's concerns adequately, the Municipal Code could be modified. The specific modifications to the Municipal Code are described in the report. AUGUST 15, 2000 PAGE 8 Recommended Action: It is recommended that the City Council approve for first reading by title only, waive full reading Of Ordinance No. 0X(2000) Amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide Storm Water Pollution Control for Planning and Construction of new Development and Redevelopment Projects and Amending the ,Diamond Bar Municipal Code. RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA 2000-02 1 CALL TO ORDER: Chairman Huff called the regular meeting to order at 9';:49 p.m. in the Auditorium of the South Coast Air _Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. ROLL CALL: Agency Members Ansari Herrera, O'Connor, VC/Chang, C/Huff 2. PUBLIC COMMENTS Martha Bruske - inappropriate for Agency to meet because City lost its Supreme Court appeal and, therefore, there is no Redevelopment Agency. AA/Jenkins explained that the Count invalidated the Redevelopment Plan but not the Redevelopment Agency. 3. CONSENT CALENDAR: Moved by AM/O'Connor,seconded by AM/Herrera to approve the Consent Calendar. Motion carried 4- 0-1 (AM/Ansari absent). by the following Roll Call vote: 3.1 APPROVED VOUCHER REGISTER - Approve Voucher Register dated August 15,' 2000 in the amount of $4,644.25 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7 AGENCY MEMBER COMMENTS: Expressions of concern from Agency Members regarding the denial of the Supreme Court to take the appeal of the Redevelopment Agency lawsuit. 8. AGENCY ADJOURNMENT: 9,:06 p.m. RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City Council meeting at 9:,06 p.m. 10 COUNCIL SUB -COMMITTEE REPORTS:. LOS ANGELES COUNTY SHERIFF'S DEPARTMENT WALNUT/DIAMOND OAR STATION CRIME ANALYSIS UNIT Annual ` Crime Recyp -1999 cit of Diamond Bar During 1999 there were 952 Part -1 Offenses reported in the city of Diamond Bar. In 1998 there were 1112 such offenses. That results in a decrease of 14°!o in offenses reported for 1999. Homicide: During 1999 -there were no homicide offenses in Diamond Bar. RaU@: In 1998 there were four rape offenses Pa fCrime ,reported. For 1999 there were six.0 516416 100 — --- Robberu; During 1999 there were 47 robberies in Diamond Bar, compared with 55 n ----164 111 1 133 for 1998. The result is a -15% drop in this 100 0 4 7 p 6 47 9 "- offense category. U << Aggravated Assault: Aggravated Assault 1999 1999 accounted for 104 of the part -1 crimes reported in 1998. For 1999 there were 98, a - 6%o decline. Homiade Rape Robbery Burglary: Burglary decreased by 72 offenses A9 Assault Burglary LarcHy in 1999. That is a -28% decrease from the 255 reported in 1998. GTA ' Arson Largo y: ` Larceny offenses(thens) also decreased, during 1999. 'There were 476 in 1999, compared with 510 for 1998. A -7% drop. Auto Theft: Auto theft offenses dropped by - HomiadeW--4D R bb 41 ul B13 uq _55 4UIA -133 A son, 7 25% in 1999. There were 133 compared to the 177 that were reported in 1998. Arson: There were two more Arson crimes this year than last. 0944 r946 Iq Part -1 Crime Trend Crime Trend Anahsis: During the past 2000 a7z7 four years, part -1 crimes have dropped consistently in the city of Diamond Bar. 1500 3� The high point during this period was „2 1727 offenses in ` 1996, which steadily 1000 - ssz decreased to the 952 reported in 1999. — - 0 1996 1997, 1998 1999 EXECUTIVE SUMMARY BACKGROUND The term "Four Corners" usually evokes images of the American Southwest, with red -rock can Native American cliff dwellings`, and the foothills of the Rocky Mountains. But in the Los Angeles metropolitan area, Four Corners has come to signify a major gateway for intra urban circulation. The area where Los Angeles, Orange, and San Bernardino Counties converge is dominated by the rugged Chino Hills. Eight miles to the southeast of their convergence; point lies Riverside County, where the topography becomes even more rugged as the Chino Hills give way to the Santa Ana Mountains. Since the corners of the four counties converge in this area, it has been dubbed "Four Corners" (see Figure S-1). As the metropolitan area has developed,the Four Corners area has historically been a key gateway between the urbanizing Inland Empire (San Bernardino and Riverside Counties) and the more - urbanized areas in Los Angeles and Orange Counties. However, the development of transportation facilities through the Four Corners area has always been affected by the topographic constraints. Even today, the critical east -west gateway area is traversed by only four roadways: two freeways (SR -60 and SR -91) and two arterial streets (four -lane Grand Avenue and two-lane Carbon Canyon Road). The north -south gateway between Diamond Bar and Orange County is traversed by only two roads: SR -57 and the two-lane Brea Canyon Road. The growth in more affordable residential development in the Inland Empire and the availability of jobs in Orange and Los Angeles Counties have generated an influx of people commuting every day' from east to west and north to south in the morning, and in the reverse directions in the afternoon. These travel patterns are becoming more and more pronounced, and have resulted in increasing levels of congestion, not only on the freeway system, but also on the two major arterial streets which cross the area. Beginning in the late 1980s, numerous, transportation improvements were implemented to help { alleviate the congestion problems through the Four Corners area. These have included: a new, arterial road connection through the Chino Hills (Grand Avenue); • high occupancy vehicle (HOV) lanes on freeways (57, 60, 91); • private toll lanes on the 91 freeway; • upgrading an arterial to freeway (71 in San Bernardino County); a new transportation corridor (the Eastern Transportation Corridor toll road.in Orange County); direct connector ramps between the HOV,lanes on the 91 and 57 freeways; and • institution of commuter rail service (Metrolink). In spite of the recent improvements, the same recurrent congestion patterns persist, and all forecasts indicate that travel demand through the area will continue to grow substantially in the future. Other potential transportation improvement projects (such as creating a; new roadway corridor) have been studied and discussed, but their high cost, environmental concerns, and traffic impacts have resulted in a lack of consensus support for implementation. S-1 4 1 � I I LL SJ'i o c�U EI d m i` �j LO T j LO> � Q y L (a. - -. CSO Q - J_. .. cc_--- --.0 �- - co m ----- e'i �Cs CDco Qi W i �CP° i' In the early 1990s, several local agencies in the area began informal meetings to discuss the transportation issues and potential solutions. This Four Corners working group gradually expanded to include affected regional and state agencies. By the late 1990s, it became apparent to all parties that a comprehensive evaluation of potential improvement strategies was needed. Several recent activities had affected the; potential range of strategies available to address the Four Corners transportation problems, -and current activities threatened to preclude other potential improvement opportunities unless consensus was reached in the near future. In 1997, the Four Corners Group petitioned SCAG to fund a comprehensive transportation planning study for the Four Corners area. SCAG granted the request, and OCTA was designated to manage the study effort for the Four Corners Group. In 1998, a consultant team headed by Parsons Brinckerhoff (PB) was selected to conduct the`study. STUDY PARTICIPANTS Study participants included representatives from the following jurisdictions and public agencies: • State of California (local Senate and Assembly Districts) • The Counties of Los Angeles, Orange, Riverside and San Bernardino • The Cities of Anaheim Industry Brea Norco Chino Ontario Chino Hills Orange Corona Placentia Diamond Bar Pomona Fullerton Yorba Linda • Southern California Association of Governments (SCAG) • San Bernardino Associated Governments (SANBAG) • Western Riverside Council of Governments (WRCOG) • San Gabriel Valley Council of Governments (SGVCOG) • Los Angeles County Metropolitan Transit Authority (LACMTA) • Orange County Transportation Authority (OCTA) • Riverside County Transportation Commission (RCTC) • Omnitrans (transit operator in San Bernardino County) • State of California Department of Transportation (Caltrans) • California Department of Parks and Recreation Local private and quasi -public stakeholders were also invited to participate as members of the TAC, including the Transportation Corridor Agencies (TCA -operator of the Eastern Corridor toll road), the California Private Transportation Company (CPTC - the owner/operator of the 91 Express Lanes'), environmental groups, major property owners and other interest groups. S-3 PURPOSE OF STUDY Early in the study process, the participants adopted several principles to define the purpose of the study and guide its deliberations. These key principles are as follows: • Acknowledge that without a common focus on this' problem now, the situation will ;get worse and opportunities will be lost. • Create an atmosphere of multi -jurisdictional problem solving, involving recognition of each others' concerns. • Help each participating entity to understand and acknowledge their role - how they contribute to the problem and how they can contribute to solutions. Quantify the severity of the transportation problem. Review development plans and develop a -realistic picture of future land uses and how they will affect traffic patterns. • Consider a broad range of possible strategies to accomplish the purpose and need. Consider who is traveling and what strategies might accommodate their needs. • Reach agreement on ways to provide environmental protections in any improvement projects that are considered; • Find solutions that protect and preserve the integrity of the area's ecosystems and associated natural reserves.' Understand the trade-offs between achieving mobility, land use/development patterns, landowner rights, and environmental protection. • Reach agreement on a comprehensive plan of realistic actions to accomplish the Purpose. Provide facility and policy recommendations for inclusion in the Regional Transportation - Plan update: PROJECT PROCESS Through literature reviews and interviews the PB team identified specific locations of traffic congestion and transportation deficiencies, as well as numerous important issues which affect ' the transportation conditions. To help determine future needs and issues, regional growth projections and transportation improvement plans were used to forecast future traffic conditions in the Year 2020. The literature reviews and interviews also helped identify the major concerns and priorities of all stakeholders. From this information, a Purpose and Need statement was developed to establish a mutual understanding of the Study's issues and goals. `The Purpose and Need Statement was adopted by the Policy Committee as the Study's guiding principles. With input from all the stakeholders, the PB team developed a list of potential strategies to address the issues identified in the Purpose and Need Statement. The potential strategies included roadway improvements, traffic operations strategies, public transportation improvements, market-based transportation incentives, transportation policies, land use and development policies, and public information. The strategies were packaged into comprehensive alternatives. The performance and impacts of each alternative were evaluated `S-4 in terms of their ability to achieve the objectives established'' in the Purpose and Need Statement. Following the evaluation of alternatives, the consultant team developed a preferred package of improvements and policies which would best achieve the objectives laid out in the Statement of Purpose and Need. The Four Corners Technical Advisory Committee and Policy Committee reviewed the Preferred Alternative, and provided comment and input which were incorporated into the Recommended Plan. The Recommended Plan was approved by the Policy Committee in November 1999, A strategy for implementing the adopted plan was approved by the Policy Committee in March 2000' a EXISTING TRANSPORTATION CONDITIONS The Four Corners area serves as a major gateway between the Inland Empire and Los Angeles and Orange Counties. The Inland Empire has a large supply of housing that is more affordable than most of the comparable housing in Los Angeles and Orange Counties. Conversely, Los Angeles and Orange Counties have the largest concentration of employment opportunities in the region. As a result, there is a large daily movement of commuters from the Inland Empire to Los Angeles and -Orange Counties in the morning, and back in the afternoon. This movement underlies the travel and congestion patterns through the Four Corners area. Existing Congestion This overall flow of traffic through the Four Corners area results in peak period congestion on severalof the key study roadways. SR -60 experiences congestion westbound in the morning peak from the City of Ontario past SR -57, and eastbound in the afternoon peak from west of SR -57 to east of 1-15. • SR -91 experiences congestion westbound in the morning peak from 1-15 to SR -57, and eastbound in the afternoon peak from SR -57 to 1-15. SR -57 experiences congestion southbound in the morning peak from the City of Diamond Bar to SR -91, and northbound in the afternoon from SR -91 to SR -60. Grand Avenue experiences congestion westbound in the morning peak from Chino Hills to SR-601SR-57, and eastbound in the afternoon peak from SR-60/SR-57 past Diamond Bar Boulevard'. • Diamond Bar Boulevard experiences congestion southbound in the morning peak from Grand Avenue to SR -57, and northbound in the afternoon approaching Grand Avenue. • Carbon Canyon Roadexperiencescongestion westbound in the morning peak from the City of Chino Hills through Carbon Canyon to Valencia Avenue in the City of Brea, and eastbound in the afternoon peak from Valencia Avenue through Carbon Canyon to the City of Chino Hills, S-5 Origins and Destinations Of Four Corners Traffic. The traffic forecasting model developed for the Four Corners Study was used to estimate the origins and destinations of traffic using the key roadway segments during the morning peak period. The origins and destinations of traffic on each facility are substantially different from each other. • Origins of traffic on SR-60/SR-57 are dispersed (Pomona, Diamond Bar, San Bernardino County), but the. primary destination is Los Angeles County. Origins of traffic on SR -91 are mostly in Riverside County, and the primary destination is Orange County: Origins of traffic on Grand Avenue are dispersed, with the primary sources being the City of Chino Hills and Riverside County; the primary destination is Los Angeles County, though a sizable percentage is destined to Orange County. • Origins of traffic on Carbon Canyon Road are concentrated in the City of Chino Hills, and the primary destination is Orange County. Public Transportation Inter -county public transportation through the Four Corners area is limited at the present time and consists of commuterrail and express bus service. Commuter rail service (Metrolink) is operated on two rail lines. The Riverside to Los Angeles dine lies slightly to the north of the study area, and has stations in East Ontario and the City of Industry. The second rail line, located in the southern portion of the Four Corners area, carries two Metrolink routes. The first route operates between Riverside and Los Angeles via Fullerton, and the second operates between Riverside and Irvine. Stations on this line are located in West Corona (which serves both routes) and Anaheim (which serves only the Riverside to Irvine route):_ , Two existing express bus iines serve inter -county travel. The Orange County Transportation Authority (OCTA) provides service along the SR -57 corridor from Diamond Bar into Orange County. The Riverside Transit Authority (.RTA) provides service along the 91 corridor from Riverside to Corona,` Anaheim, and Orange. FUTURE TRANSPORTATION CONDITIONS Future Growth Future transportation needs are directly tied to growth and development, and travel through the Four Corners area is particularly linked to inter -county trip interactions. There is today a high travel demand between the Inland Empire and Los Angeles/ Orange Counties because of more -affordable housing in the former and higher job concentrations in the latter. Review of the county demographic statistics explains this phenomenon. Riverside and San Bernardino Counties have lower concentrations of jobs per; person than the regional average, whereas Los Angeles and Orange Counties have higher concentrations. Demographers project that this S-6 trend will continue into the future, so that by the year 2020, many workers living in the Inland Empire are still expected to depend on jobs in other counties. Future Transportation Improvements In the Four Corners area, roadway improvements programmed for construction in the future include direct HOV connector ramps between SR -57 and SR -60, and upgrading SR -71 in Riverside County to a four -lane arterial. Limited improvements are planned for mass transit. The primary improvement is provision of Metrolink service on the Riverside -Fullerton -Los Angeles line in the peak direction during peak hours (westbound in the morning, eastbound in the afternoon), No other inter -county public transportation improvements are currently planned. Future Travel Demand The region's growth is projected to result in commensurate increases in travel demand. For the Four Corners area, the volume of trips from the Inland Empire to Los Angeles and, Orange Counties is projected to increase by over 40% by the Year 2020. Travel in the opposite direction is projected to increase by over 60%, but since the volume moving in this direction is substantially less, this increase is not as significant for the Four Corners area transportation situation Future Congestion Future traffic congestion in the Four Corners region is projected to worsen considerably over the next 20 years. Traffic flow through the Four Corners area is expected to increase peak period congestion on all of the key inter -county, roadways. The magnitude of congestion is projected to increase significantly from what exists today, because there aren't other inter - county -routes for motorists to use. As a result, travel speeds on these inter -county routes will slow considerably and the duration of congestion will increase if no action is taken to reduce travel demand or increasetransportation system capacity. ISSUES AND PROBLEMS ' Several issues and problems are expected to affect the transportation situation in the Four Corners area. Traffic Issues As discussed above, the existing traffic congestion problems are expected to remain and intensify through the year 2020. Specific traffic issues are summarized below. • The heavy directional commute patterns cause significant peak period delays on the freeway system through the Four Corners area. • The convergence of the SR -60 and SR -57 freeways- is particularly congested, with two major traffic streams combining through a very constrained segment of freeway. S-7' 'Eastbound traffic on SR -60 east of SR -57 is slowed by a steep grade through the hills. A truck climbing lane exists through the grade, but terminates in an exit -only lane at Phillips Ranch Road, so slow trucks nonetheless affect the freeway operation. • SR -91 is especially congested due to the fact that it is the only significant route between Riverside and Orange Counties. • The SR -57 corridor serves several colleges and universities, which increases congestion when school is in session. • Traffic on SR-71:backs -up from SR -91 in the morning, and°the reverse'.in the evening. SR.. 71 is critical for access to Chino and Chino Hills, since it is the only significant route connecting to SR -91. • Commuters use Grand Avenue and Carbon Canyon Road instead of the freeways in order to avoid freeway congestion, and because these are the most direct routes for some travelers. Use of Grand Avenue and Diamond Bar Boulevard by commuters causes severe congestion through the City of Oiamond Bar, often blocking access to these arterials from side streets and driveways. As a result, residents and officials in Diamond Bar are concerned about the effects of congestion on businesses and emergency response. e Future travel patterns and congestion problems are expected to be less dominated by commute trips, as regional growth leads to other types of trip -making' during peak periods. Shifts of Traffic Problems. An issue of major concern to stakeholders is finding solutions that do not merely transfer the impacts to another location. For example, there is concern that constructing a new road through Tonner Canyon would provide congestion relief to Grand Avenue in Diamond Bar, but would result in increased' traffic and congestion in Brea. Latent Travel Demand. Another concern is that development of new roads could bring out latent demand for travel which is suppressed by congestion, thereby further increasing the traffic through the area. Topographic Issues The location, size, and ruggedness of the Chino Hills and Santa Ana Mountains limit access and restrict circulation through the Four Corners area, especially on the east/west routes. These barriers restrict the primary inter -county travel patterns to four east -west routes through the hills: two freeways (SR -60 and SR -91) and two arterials (Grand Avenue and Carbon Canyon Road). These conditions make freeway widening or construction' of new corridors difficult' and costly. Transportation System Issues Travel Alternatives. There is a general perception that it would be difficult to reduce traffic by shifting people from driving their cars into carpools or public transportation. In the Four Corners area, there is very limited transit service to offer reasonable travel alternatives between counties. Metrolink is crowded in the travel corridors that it serves, but it does not currently serve the Four Corners area with any north -south alignments. There are no enhanced bus or rail services being planned. HOV lanes have been added to the freeways in the area, but there do not'appearto be any specific efforts to increase carpools or vanpools. S-8 - Toll Roads. The existing toll roads in Orange County have received a mixed reception from the public, and there is currentlylittle enthusiasm among the policymakers to endorse more. Most are currently operating well below capacity during peak periods. In addition, the 91 Express Lanes (the toll lanes which are privately owned and operated by the California Private Transportation Company- CPTC) are operated under a 35 -year franchise agreement. This agreement precludes the state from adding capacity to the 91 freeway between the Los, Angeles County line and 1-15 in Riverside County unless CPTC is first given the opportunity to develop the additional lanes as part of their toll franchise. Growth/Development Issues Jobs/Housing. The imbalance between the available jobs in Los Angeles and Orange Counties and the affordable housing in the Inland Empire causes highly directional commuting patterns, resulting in the congestion problems in the Four Corners area. The current imbalance is projected by demographers to continue into the future. Between 1994. and 2020, Orange County's population is projected to increase 259'o whereas employment is projected to grow by almost 70%. During the same period', housirrg is expected to continue to be more available and affordable in the Inland Empire. Overtime, the number of jobs in the Inland Empire will increase, but itis not expected to increase enough to change the basic commute patterns any time in the near future. Achieving a jobs/housing balance (and a more balanced commute pattern) is therefore many years away, and will be driven by market forces that are not predictable. Development of Agriculture Preserve Areas. Large areas designated until recently for agriculture are now being planned for development. +These areas are in the spheres of influence of Ontario and Chino. Some of the planned development will increase jobs as well as housing, but in doing so, will also increase the overall development levels in the area and add to the traffic volumes on the major corridors and arterials. The City of Ontario's plans for developing the agricultural preserve in their sphere of influence envision substantial residential and non-residential development. The City of Chino is planning on developing the agricultural preserve in their sphere of influence into mixed uses with little or no residential development. General Plan Issues Land Use Plans. Long-range demographic forecasts and adopted local general plans indicate the potential for significant additional growth for the cities in and around the Four Corners area. In some places (particularly the City of Chino Hills), existing development agreements will significantly shape the future development of land. In addition, there are unplanned areas of potential development that could also affect the future of the Four Corners area. One is the Aera Energy (formerly Shell) property located primarily on the west side of SR -57 between the Tonner Canyon and Brea Canyon interchanges.. Another is the lower end of Tonner Canyon near SR -57. Soquel Canyon Road. Studies of the Four Corners area in the late 1980s and early 1990s identified Soquel Canyon as a potential route for a new road through the Chino Hills. Such a road would connect Soquel Canyon Road in the City of Chino Hills with Carbon Canyon Road in the City of Brea, providing an alternate route around the constrained section of Carbon S-9 Canyon Road. Recently, the Cities of Chino Hills and Brea removed Soquel Canyon Road from their roadway master plans. Goods Movement issues Across the Southern California region; the movement of goods is increasing to serve the growing population and to support the region's growing dominance as the 'Gateway to the Pacific 'Rim' in trade. The Inland Empire is positioned asa major manufacturing and distribution center because of attractive land prices. The Four Corners area is a primary gateway for both intra -regional and inter -regional goods movement. With the growth of the economy, truck and rail traffic inland through the Four Corners area will continue to grow. Traffic/Rail. Conflicts. The rail line through the southern portion of the Four Corners area is a mainline route for Burlington Northern Santa Fe freight rail traffic, as well as two Metrolink routes. Already, the lack of rail grade separations on this line is affecting traffic on some of the major arterials, particularly through the City ofYorba Linda. Truck Traffic: SR -91, SR -60 and SR -57 all carry heavy truck volumes. Because the types of businesses that are growing in the Inland Empire are centers for storing and moving goods, truck traffic will continue to increase. The 1998 Regional Transportation Plan for Southern California identifies SR -60 and 1-15 as potential freeway corridors for developing exclusive truck lanes. Recreational Travel and Tourism Besides carrying commuter and commercial traffic, the Four Corners area roadways provide the major transportation routes to and from recreational facilities in Southern California. The roadways link Los Angeles and Orange, Counties to the desert and mountain resorts of the Inland Empire, and link the Inland Empire to the beaches, shopping, and entertainment areas in Los Angeles and Orange Counties. 'SR -91 experiences congestion seven days a week because of the recreational travel on weekends. Environmental Issues Sensitive Habitat and Wildlife. The Four Corners area includes sensitive habitat and wildlife in the hills and canyon areas. Many of these areas were acquired by the public as mitigation for development projects and for the purpose of protecting the habitat and species from the incursion of urban development. The area includes large areas of public lands in Chino Hills State Park and the Cleveland National Forest. Though transportation improvements are not precluded through these lands at this time; development of any new or improved transportation corridors would need to provide for protection of these areas. Wildlife Corridor. There are efforts underway to develop a continuous wildlife corridor from the San Gabriel Mountains to the Santa Ana Mountains, passing through the Chino Hills, Some of the agencies in the area have formed a joint powers authority called the Wildlife Corridor Conservation Authority (WCCA), which is working to acquire additional lands for preservation through the Four Corners area. One of the potential land acquisitions is a portion of the Firestone Boy ScoutReservation in Tonner Canyon. S-10 - Air Quality. The Four Corners Group is responsible for providing input to SCAG for this part of the 2001 Regional Transportation Plan update. Since that plan must be used by SCAG to achieve air quality conformity requirements, transportation improvement strategies for the Four Corners area need to contribute to, the region's requirement to achieve conformity. Institutional issues Multiple Jurisdictions. Because there are so many jurisdictions and agencies involved in the Four Corners area, the decision-making process regarding any regional transportation improvement is complex. Besides the 14 cities and four counties, the area is also in the jurisdiction of three Caltrans districts and four countytransportation commissions. In addition, since the Four Corners area is on the edge of each county, -its transportation problems are not the central issue of any of the counties or county transportation commissions. Therefore;" cooperation among the affected local jurisdictions is essential if effective action is to be achieved; Funding Priorities. In the past, funding shortfalls or different priorities among counties have resulted in differently -timed projects, or improvements which stopped at the border. With new state legislation (SB45, which establishes greater local control for transportation spending), the county transportation commissions will need to work more closely' together to come to agreement on priorities and funding strategies. This is no longer the role of Caltrans. Funding Shortfalls. Sunsets of existing transportation sales tax measures and the declining revenues from the gasoline tax mean that funding mechanisms for future transportation improvements are uncertain. Improvement projects in the Four Corners area must be cost- effective in order to compete effectively for available funding. ALTERNATIVES .EVALUATION Alternatives Identification and Evaluation Process . As indicated in the Purpose and Need, consideration of a broad range of potential improvement strategies was essential to accomplishing the objectives of the study. The process for identifying potential strategies was therefore set up to identify and consider as many relevant potential, strategies as possible. From a literature review, individual meetings with study participants, and review ofthe issues to be addressed, the consultant team developed an initial list of potential strategies for consideration. This list was expanded in a brainstorming workshop conducted with all the project participants (including elected officials, agency staff, and other stakeholders). The result of the brainstorming was a long list of transportation improvements and policies with varying levels of relevance to the specific problems identified in the Purpose and Need statement, and varying degrees of feasibility for the participating agencies to implement. A screening process was used to identify the strategies which would be relevant and feasible; and therefore worthy of consideration in the study. S-11 The transportation improvement strategies which successfully passed through the screening process were combined into "packages" of improvements. The "packages" (alternatives) were designed to test the effectiveness of alternate approaches to addressing the inter -county transportation problems. Four basic alternatives were identified for evaluation with six variations, for a total of ten alternatives.` To provide a,focus for evaluating the effectiveness of the alternatives, criteria were selected prior to the evaluation process. The criteria were based on the Purpose of Improvement Strategies in the statement of Purpose and Need, and were approved by the Technical Committee and by the Policy Committee. Policies and strategies which passed through the screening process but did not lend themselves to evaluation as part of the transportation system improvements were considered in terms of their ability to achieve the objectives identified in'the Purpose and Need statement. Alternatives Evaluated The alternatives consisted of four primary alternatives, each emphasizing particular types of improvement strategies. For two of the four alternatives, additional options were evaluated to test the effects of alternate potential strategies in key areas. The emphasis of the four primary alternatives is as follow s Alternative 1: Maximize Highway Capacity • Alternative 2: Maximize Transit Ridership • Alternative 3: New Roads and Toll Lanes • Alternative 4: Regional Transportation Plan Options to Alternative 1 tested the effects of converting the 91 toll lanes to free, adding more arterial capacity, and constructing a new road connecting SR -83 with SR 241. Options.to Alternative 3 tested the effects of different end points for a potential new road through the Tonner Canyon area between Diamond Bar and Chino Hills. The alternatives and their key transportation improvements are outlined below. Alternative 1a: Maximize Highway Capacity JExtend SR -91 toll lanes) SR -57 , Add two general purpose lanes (SR -60 to SR -22) SR-60/SR-57 Reconstruct interchange to add capacity and reduce merging/ weaving, provide truck by-pass and HOV drop ramps to Grand Avenue SR -71 Upgrade to freeway in Riverside County and from SR -60 to 1-10 SR -91 Extend toll lanes to 1-15 (two new lanes), add toll connector ramps at SR - 241 SR-71/SR-91 Improve interchange Metrolink Double peak period service, add feeder bus service from Chino and Chino Hills to Industry station Express Bus Add intercounty service along SR -57 corridor from Industry to Anaheim S-12 Alternative 1b: Maximize Highway Capacity (Convert SR -91 toll lanes) Same as la except; SR -91 Convert SR -91 toll lanes to free lanes (two general purpose, 2 HOV) and add two lanes from Orange County line to 1-15 Alternative ic: Maximize Highway Capacity (N/S $ E/W Arterials) Same as la plus: New Toll Road Construct four -lane toll road from SR -241 (at SR -91) to SR -83 (at SR -71) SR=91 Extend toll lanes eastward from 1-15 to Magnolia SR -74 Increase Ortega Highway capacity to four lanes E/W Arterial` Upgrades Upgrade Edison Avenue to six lanes (I-15 to SR -71') Construct new east -west: arterial from SR -71 to Arlington Avenue (in - Riverside) along Pine/Schleisman/Arlington alignment N/S Arterial Upgrades Upgrade Euclid Avenue to six lane expressway from SR -60 to SR -71 Upgrade Archibald Avenue/River Road to fourlanes Alternativei d: Maximize' Highway Capacity (SR-88'to SR -241 Connection') Same as 16 p/uS: New Road Construct four -lane road from SR -241 (at SR -91) to SR -83 (at SR -71) Alternative' 2: Maximize Transit Ridership Light Rail Extend proposed Orange County light rail from Fullerton to Industry Metrolink Double peak period service, add feeder bus service from Chino and Chino Hills to Industry and West Corona Metrolink stations Metrolink Provide additional distributor servicesat destination stations Express Bus Add intercounty service along SR -57 corridor from Industry to Brea/Fullerton and Anaheim Grand Avenue Add exclusive bus lanes Carbon Canyon Rd. Add one reversible lane (for general traffic) S-13 Alternative 3a: Add New Roads and Toll'Lanes (SR-57/Brea Canyon) SR -57 Add two high occupancy Canyon Road to SR-22SR-71 Brea Add two generalp Pose and two toll as on SR -71 in Riverside County Toll Connectors Add direct ramp connectors at SR-71/SR-91 and at SR-91/SR-241 Tonner Cyn Region Construct a three -lane road (one reversible lane) from Chino Hills Pkwy north of Grand Avenue to SR -57 at Brea Canyon Road (with full interchange); extend a two-lane segment to Eucalyptus. Valencia Avenue Extend Valencia to Brea Canyon per Orange County Master Plan of Arterial Highways. MetrolinkDouble peak period service Alternative` 3b: Add New Roads and Toll Lanes (SR-57/Tonner Cyn) Same as 3a, except with a change to the new road through Tonner Canyon region.- Tonner Cyn Region Construct a three -lane road (one reversible lane) from Chino Hills Pkwy north of Grand Avenue to SR -57 at Tonner Canyon Road; add a two-lane extension to Eucalyptus. Alternative3c: Add New Roads and Toll Lanes (SR-ST/Brea Cyn/Eucalyptus only) Same as 3a with Eucalyptus terminus for new road through Tonner Canyon region: Tonner Cyn Region Construct a three -lane road (one reversible lane) from Chino Hills Pkwy at Eucalyptus to SR -57 at Brea Canyon Road In this alternative the road does not connect northerly to Grand Avenue. Alternative 3d: Add New Roads and Toll Lanes (SR-S7/Tonner Cyn/Eucalyptus only) Same as 3b with Eucalyptus terminus for new road through Tonner Canyon region: Tonner Cyn Region Construct a 3 -lane road (one reversible lane), from Chino Hills Pkwy at Eucalyptus to SR -57 at Tonner Canyon Road In this alternative the road does not connect northerly to Grand Avenue. Alternative 4: Regional Transportation Plan SR -57 Add two general purpose lanes (SR -60' to SR -22) SR -60 Add truck lanes (1-710 to 1-15) . SR -71 Upgrade to freeway with four general purpose and two high occupancy vehicle lanes SR -71 Add toll lanes in San Bernardino County/Riverside County corridor SR -91 Add toll lanes in Riverside County/Orange County corridor Corona Bypass New toll road from 1-15 to SR-91/SR-71 around south Corona High Speed Rail Develop high speed rail including link from Orange County to Inland Empire via Eastern Transportation Corridor/SR-91 corridor S-14 Purpose of Improvement Strategies As part of the Purpose and Need statement, the project participants adopted a set of nine objectives which the recommended strategies should be designed to achieve. 1. Relieve congestion on the major inter -county corridors through the Four Corners area. 2. Reduce commuter traffic congestion on city streets. 3. Meet the transportation needs of a growing region while protecting the quality of life in local communities. 4. Don't merely shift the transportation problem to other communities. 5. Be realistic in terms of cost and feasibility. 6. Maximize investments and make better use of the existing system. 7. Provide travel options. 8. Reflect sensitivity and concern for the environment and landowners. 9. Avoid significant environmental impacts to the maximum extent possible. RECOMMENDED` IMPROVEMENT STRATEGIES The recommended package of improvement strategies was developed by evaluating the alternatives individually in terms of the key problem areas and the improvements which could improve conditions in those areas. Each improvement was considered in light of the objectives established in the Purpose and Need statement, and recommendations were developed based on the effectiveness of each improvement in achieving those objectives. In developing the recommended strategy, the planning team, Technical Advisory Committee, and Steering Committee were very mindful of the fact that none of the ten alternatives was able' to relieve Year 2020 congestion to ° levels,comparable to the congestion level that existed in 1997. In light of this fact, the recommended strategy would need to either: (1) include substantially more investments in transportation; or (2) include policies designed to reduce peak travel demand levels significantly below those currently forecast for the Year 2020. The Steering Committee determined that the level of investmentrequired for the ten alternatives already approaches or exceeds what is plausible for this area over the next 20 years, so it concluded that substantial additional spending would be unjustified and likely infeasible. The _ recommended strategy should instead include policies to reduce peak travel demand, to encourage more employment rowth 9 in the Inland Empire, to encourage development of more affordable housing in Orange and Los Angeles Counties, and to develop regional demographic forecasts which are in balance with a financially feasible transportation systema Figure S-2 shows the recommended improvements, and Table S-1 presents the recommended package of strategies for the Four Corners area, including transportation improvements and policies, as well as elements requiring additional study. For each element, the table indicates the primary and secondary rationale for selecting the strategy, and the notes provide further explanation of the rationale for including each strategy. At: the bottom of Table S-1 is a list of the major improvements which were not recommended due to conflicts with the project objectives. S-15 o1z' U� i u. o �1 0 Q vlU CD =1-a m l `' n Cni)i in ! 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N 7-tm CL: r_ CL 0 0°o Q' aEito -' ° �cm-0 n cl CD0-0a)N o ot c n - — �s o C7 = E0 0- -C -- v 0 O O > f` L N L = 3 0 �C 0 aoi .0 _ C N _> — E CCa`:3 '~ LLw O- L r— L0 N 0 7 Q N N f— "; it E V = C) �_ 7 Cl) 0 U C 0 p N L o d a 0 0 = ` O 0 a� 3 C C p L N L p N C OC co N i� 0 LL __ p X "C" O 0 0 0 O E : U co U v- 0 V 0 f v ,d N U� O N 'WD 0 C (II 0 N _ L E C 0 Q' Cl p w �y L ILII w O _ ; N 0) p 0 O o 0 O D U p N O E CL y N (D C N U m0 c O NMS' o O.0 (a E O L O .— + C ap .0 i U — N ++ O_ O. U coto U C 0 O 0 0 ` O O L O W w W IL N U 0. wcno_��Q 6u!oueu!-I an!}enouui asn x 4. ' a }!sueii 014!4s/PuewaQ 96euevy x x majnaaj/uaajsAS 93ueie8 x x d_ sloauepog x!�/sdp anoidw! x o a sJop!»oO M9N PPV m A4!oedeo jopujoo 6uijs!x3 puedx3 . > 64 m m ma' 0 — V ? t{i 0 0 C 'p 'Q ... cc cc E EC tII. C IMPLEMENTATION PROGRAM An implementation program was developed to help guide the Four Corners Group in implementing the recommended strategy. Since the Four Corners area includes numerous responsible agencies at the local, county, regional, and state level, the implementation program was developed to identify the relative priority of projects, the primary agency (or agencies) responsiblefor implementation, and the next steps `for moving toward project implementation. The Four Corners Group will continue meeting periodically to monitor the progress on project implementation, and to address other common issues which may arise. Table 6-2 presents the Implementation Program. The priority listing indicates each project's relative priority for the four Corners Group. In addition, it lists the projects identified by each county as their top priorities; these county priorities do not necessarily coincide with the top priorities for the overall area, rather they are intended to indicate those projects which are most important to each subarea involved in the study; S-22 c . o o .i242-a) offo am Mn a=Nw E aa E EaE# 0O Na.m E Z pm �m Q Q z a a ¢� �v�� a z car can , 0 v v v `� v c~i c~a-tea v a- 2 a g °° g g g E)OOADS X x x x x Q JbBNVS X k x x . �lo2i •co CL o Vlo° x oco rn 0m rn CL O L m U. O a ►- S F- x F- x F- m x F- S v dogod d CL r leuogn;gsul m ;u9wa6eueVjpuewaa po poddnS/ao!niaS }isuejl- 0 leuoi ejado --lempeoa x x x x x x x x x x x — 144!oedeo MBN -- Aempeob - O .: P) : N _ O O _ d.: (6 '. = °' ° L m ` cn Y a CD o m ro 02- c — m W C Ae w IM c = p 0 Y C ° ° R3 CL ° co C m CL .0 o m e- CL a3iV c m c a� c o`cc c o c o v o g 2 E — d m m ° � o w rn m, o �a� TEZ, m 3 c N� o = m �.�CO o D: - ].. f6 'L.. N .0 C O= L N O r ° U m m O.. 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O m O O m m. i V lu 43110d x x t leuognipsul juautaBouew pueuiec x x x x a iipe_ uoddnSJaoiniag iisue�l x x x x x x leuoi;eiedp — Aempeoa E 43edeo MON — kewpeo N "z N p Q 0 0 o m z O'c - m ro 0 _ a .o E CL 0 d o a O N. t1 C o: U G CL O Q O Q O= U _ `o c 0 5 0 U_ ) a , u0 0 LL ci E)OOAOS m- a E)VB NVS r •o o.ioal a vloo 12 l c d = _ v ICogod x CL leuogngisul x x m iu8ui96eueW puewaa •j oed :poddns/aoinuas }!sued o ` leuoiiejado - Aempeoa f4loedeo maN — Aempeoa {R N U 2 N 7 i G C9 . N = 0 O N G O' C EO U ay LL Qgo 0 tm G 0 G E D •3 -o � C > U C N O QZa�oi b� O..Q M E o d n 0 V 3(D ac `o m w rn o m O -. WW O L) ti LL C9 to t[S m M d o 3mo o' _d rn FE w ca o N LaN to O �. O C NL d C > ad = m < m caos a F- C O ui C W N W U 4) CD CL • V _N -A) . :Y. CCO C _� N Q 5 N i N O _ {L m'CL+ l0 C7 't6 E.:E 5 a N E O`..Q Q7. U .c �o O Q > .� j to 0 CLO N 4) 41 o a N Dao N S N..d a E d o > o a? a E uy N C C E N Q OO C,- O-.. V E LO - n � o U _J LL -.. O LL 000AOS m Q SVaNVS OION a Vloo OE O m LL O .O ,IL 6ollod k F. {euoi;n}i;sul K K d;uaLuaBeuew E'I►oed puewaa jjoddnSraouuaS;isueJl b leuoi}elado — Aempeoa E f4PedeO M9N — Aennpeold H 0- _ CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM To: Terrence L. Belanger, City Manager From: James DeStefano, Deputy City Mana 1 Subject: Joint City Council / Planning Commis Study Session Date: August 10, 2000 The City'Council and Planning Commission have scheduled a Joint Study Session for August 15, 2000. The Planning Commission looks forward to this opportunity to meet with the City Council and discuss matters of mutual interest. In preparation for the meeting, the Commission has developed the following list of suggested discussion items: 1. Redevelopment Agency a. Project Area status b. Shopping Center redevelopment c. Grocery store vacancies 2. C C ondition Pe I Use Permits Me S riodic review`° 3. Industry.East Development Project a. Status b. Impacts to City 4. Code Enforcement a. temporary banners b. enforcement citations (added by staff) 5. Housing Element 6. Variance procedures` 7. Traffic a. Effect on quality of life and home values b. Four Corners Study 8. Larkstone Park status 9. Recreation Trails and Bikeway Master Plan 10. Open space / Sphere of Influence area / Boy Scout property / Tres Hermanos 11. Annexation of properties to the southwest jds CITY OF DIAMOND BAR MEMORANDUM COUNTY OF LOS ANGELES _ SHERIFF'S DEPARTMENT OFFICE CORRESPONDENCE DATE:_ MAY 95, 2000 FROM: ALEXANDER R. YIM, CAPTAIN TO: TERRY BELANG ER, CITY MANAGER WALNUT REGIONAL STATION CITYOF DIAMOND BAR SUBJECT: RECOMMENDED USE OF AB 3229 MONIES Thefollowing is our recommendation for the expenditure of AB 3229 monies for the 2000/01 fiscal year. Description of item Approximate cost 1. Directed Patrol operations 75,000.00 ( These include, but are not limited to: overtime expenditures for Vehicle checkpoints, targeted crime suppression such as Methamphetamine labs, Holiday and summer bike patrol, etc. ) 2. Training (This includes any training 20,000.00 available outside the Sheriff Dept,, which is available to the deputies. In the past this has included Domestic Violence Specialty training, covert narcotics training, officer safety tactics, etc.) 3. Sheriff Service. Center 20,000.00 4. Surveillance Equipment 7,000.00 ( Covert cameras, transmitters, vcr, night vision, etc.) 5, Community Relations promotional Items 5,000.00 6.Upgraded computer equipment, Digital camera, 2,000.00 $129,000.00 ARY/WPF Aug -1;5-00 10:02A P.02 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) ADVIOSRY`BOARD REVIEW OFFITNDING FISCAL. YEAR 1999-2000 To: Teresa Arevalu, Senior Administrative Assistant Via fax: (909) 861-3117 I,'' -R Z1 have agreed to serve as an Advisory Boardmenzber for the purpose of reviewing LLEBG funding for the City of Diamond Bar. The Omnibus Fiscal Year 1999 Appropriations Act, Public Law 105-277, provide, funds for the implementation of the LLEBG Program. The purpose of, the LLEBG Program is to provide units of local government with funds to underwrite project~ to reduce crime and improve public safety. City of Diamond Bar LLEBG $65,026 City of Diamond Bar match requirement. 57.225 Proposed use of funds: Funding for Diamond Bar Special Problems Unit/High Impact Team Deputy I have reviewed and agree with the proposed funding request. If you have any comments, please comment below: Comments: ign ur [dale MEMORANDUM CITY OF DIAMOND BAR TO: Mayor and City Council FROM: James DeStefano, Acting City Manager SUBJECT: August 15, 2000 City Council Agenda: Supplemental Information DATE: August 14, 2000 The following information is provided to the City Council to supplement the referenced August 15, 2000 City Council agenda packet materials. Item No. Title 6.3 Extension of Contract Service Agreement with Huls Environmental Attached please find a copy of the Huls proposal dated June 30, 2000 (referenced in the staff report) and additional information regarding the Stormwater Program - Details portion of 'Mr. Huls' proposal. 8.1 Award of contract to USA Waste/Waste Management; and 8.2 Award of contract to Valley Vista Services Attached please find correction pages to the USA Waste/Waste Management and, Valley Vista -contracts. Staff has "highlighted", in yellow, the specific modifications. Staff will provide further information at the City Council meeting regarding the attached. nbw attachments a ��r 568 Gas+ T=ootl,ill L371x, . • SL,ite 10 �[it'S CI VIY`OIr11�Ytet G � y-\�ctis�>, GI. -Ili 111io 01702-2527 �Olt�lQget'Y�e.t'1+, ��G (�-ii,�,il. ii,t�,r.�t(;a����,sl�.,�•+ June 30, 2000 626.969.7816 • T=im 6, • ;'r;�. David G. Liu, P.E. Deputy Director of Public Works City Of Diamond Bar 21660 - E. Copley Drive Diamond Bar, CA 91765 t Subject; Proposal for FiscalYear 2000-0# to implement Integrated Environmental Services Program Dear Mr. Liu: Please accept this letter proposal from Huls Environmental <Management, LLC(Huls) for the fiscal year 2000-01 to conduct the subject program. Huls is currently the consultant for the City of Diamond Bar' (City), and it respectfully submits the proposal that includes technical and cost specifications as described following. The following changes are noted since fast year's proposal the Principal's and Associate Consultant's hourly rates have increased from $75 to $100 per hour and from $50 to $75.per hour, respectively. The rate increases are primarily due to increased staff salaries in keeping with prevailing ,wage rates in the region, employees' benefit costs, and related expenses. Huls has attempted to hold down costs as long as possible, but as this juncture, rates must reflect actual salary and benefit conditions; We provide the specifications and costs for the integrated environmental management programs in Table 1 found on the next page. Key new elements of the program (besides all of the old elements that continue) are: Solid waste management • Initiation of environmentally preferable practices at City Hall •Implementation and trouble -shooting for new solid waste management system • Development of new base year waste generation study • Coordination' of haulers' SFR, MFR, and business recycling and waste prevention programs • New ordinances and requirements NPDES • Full-scale implementation of illicit connection and discharge program • Implementation of new SUSMP standards • Implementation of the TMDL program DOC Grant • Design of public areas recycling program • Development of litter control program • Design and publication of promotional items • Distribution of said promotional items to the public Prfnfedon .ecycled s+ock. Proposal to Diamond Bar June 30, 2000 Page 2 Table 1. Costs and Program Specifications Subject Pro ram Cost S ecificatkms Unit Cost Total Cost Solid Waste Mgm't Administer the SW permitr s stem -.42 hrs - 100 i 4,200; Contluct ublic education & outreach — 40 hrs 75 4 500 Im lament new ro rams 1 90 hrs 75 6,750 Prepare & submit 1999 report to CIWMB —60 hrs 75 4,500 Project; management - 30 hrs 100 3,000 247 hours 22,950 Used Oil Recycling Collection centers 0.26 hrs 75 1,950 `Point of sale advertising campaign 2 20 hrs 75 1,500 Pubfie education & outreach 60 hrs 75 4,500 Mana lement.& reporting 40 hrs 100 4,000 NPDES 10 a 16 hrs 146 hours 11,950 75 1,200 Public education & outreach iM 100 hrs 75 71500 Pro ram im lementatign 2 100 hrs 75 7,500 Re resentation 48 hrs 75 3,600 ' Re ortin 24 hrs 75 1,800 Man ement 32 hrs 100 3,200 " DOC Grant Public areas cycling 320 hours 40800 2program 26 hrs 75 1,950 Litter reduction activities 20 hrs 75 1,500 Public education and outreach .60 hrs 75 4,500 Pro"act management 20 hrs 100 2,000 Grand Total 146 hours 9,950 (1 &'2) New programs discussed in body of proposal Total Hours- = 859 569,650 `s Rest of page Left intentionally blank ±-lids Ghvi"v1Mer1tGtI JV1avIagekneht, LLC A.in+eci on recyclaci s+oe�c. Service C Hent 35 Gallon ' "Gallon 96 Ga1Ton Refuse, Recycling & Green Waste $11.89 $14.96 $18.03' Additional Refuse Cart Surcharge 4.00 6.00 8.00 Additional Green Waste Cart Surcharge in Excess of Two 2.00 2.00 2.00, Additional Recycling Cart in Excess of Tiao 1.25 125 1.25 Bacwm Service Surcharge 1500 1500 15.00 Yard. Waste Reduction Discnun 2.84 2.84 2.84 Senior & Disabred Discoure 1.?8 2.24 2.70 Maximum Discount (if both discwnts are taken)3.56 4.48' 5.40` 1 Dmmmd Bar L t rated W.ae Management Savums Agreement or resulting in any way from City's grant of this Agreement to and Contractor's performance of this Agreement, including, but not limited to disputes and litigation over the definitions of "solid waste" or "recyclable material" or the limits of City's authority with respect to the grant of Licenses, or agreements, exclusive or otherwise, asserting rights under the Commerce Clause (including the Dormant CommerceClause and federal or state' legislation governing the process for the award of solid waste contracts) to provide solid waste services. This provision shall survive theexpiration of the period during which collection services are to be provided under this Agreement, for claims arising prior to the expiration of the period during which collection services are to be provided pursuant to this Agreement. B. Hazardous Substances Indemnification. With respect to solid waste collected by Contractor, 046kw, pursuant to this Agreement which has been disposed of at places owned or operated by Contractor, F , or by an entity under the same ownership and control of Contractor, Contractor, shall deliver a Hazardous Substances Indemnification in the form, or the form in substance, as set forth in EXHIBIT "C" to this Agreement. Such facility shall be considered a " Contractor Facility." With respect to solid waste collected by Contractor, " pursuant to this Agreement which has been disposed of of places not owned or operated by Contractor or by the Los Angeles County Sanitation District or by an entity under the same ownership and control of Contractor, Contractor shall cause the owner or operator of the alternate facility to deliver a hazardous substances indemnification in the. form, or the form in substance, as set forth in EXFIIBIT' "C" to this Agreement. Upon delivery and during the effective period of the hazardous substances indemnification, such facility shall be considered an "Approved Alternative Facility." If such indemnification is unavailable, then Contractor shaT perform due diligence environmental site assessments of the "Approved Alternative Facility" in accordance with current standard practices as accepted by the ASTM. Copies of any ESAs will be provided to the City and shall be maintained at the Contractor's facilities for no less than thirty(3) years after termination or expiration of thisAgreement. Contractor represents and warrants to City that the disposal of solid waste shall occur only at a Contractor Facility or an Approved Alternative Facility. Contractor represents and warrants to City that it will undertake reasonable efforts to ensure that the disposal of recyclable materials and green waste occur at a Contractor Facility or an Approved Alternative Facility. C. AB ;939 Indemnification. In addition to its duties pursuant to SECTION 15, Contractor agrees to implement measures to meet the requirements of City's Source Reduction and Recycling Element and its City Code with respect to the collected waste stream covered by this Agreement. Contractor agrees to protect, defend, indemnify and hold City harmless against all fines or penalties imposed by the California Integrated Waste Management Board in the event the diversion, source reduction and recycling goals of AB 939 are not met by the City of Diamond Bar with respect to the collected waste stream covered by this Agreement as a result of Contractor's failure to perform under this Agreement, or if Contractor's delays in providing information prevent City from submitting reports required by AB 939 in a timely manner. City and Contractor agree to negotiate to i with respect to any additional AB 939 -related services, which Contractor and City agree implement. _1g_ Date of Printing: August 14, 2000 - ,.e Diamond Bar Integrated Waste Management Semo s Agreement ko (including the Dormant Commerce Clause and federal or state legislation governing the process for the award of solid waste contracts} to provide solid waste services. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement, for claims arising prior to the expiration of the period during which collection services are to be provided pursuant to this Agreement. B. Hazardous Substances Indemnification. With respect to solid waste collected by Contractor, y ' , pursuant to this Agreement whichhas been disposed of at places' owned or operated by Contractor,' -' ,, or by an entity under the same ownership°.and control of Contractor, Contractor shall deliver a hazardous substances indemnification in the form, or the form in substance, as set forth in EXHIBIT' "C to this Agreement. Such facility shall be considered a " Contractor Facility." With respect to solid waste collected by Contractor, , pursuant to this Agreement which has been disposed of at places not owned or operated by Contractor or by the -Los- Angeles County Sanitation District or by an entity under the same ownership and control of Contractor, Contractor shall cause the owner or operator of the alternate facility to deliver a hazardous substances indemnification in the form, or the form in substance, as set forth in EXHIBIT "C" to this: Agreement. Upon delivery and during the effective period of the hazardous substances indemnification, such facility shall be considered an "Approved Alternative Facility." If such indemnification is unavailable, then Contractor shall perform due diligence environmental site assessments of the "Approved Alternative Facility" in accordance with current standard practices as accepted by the ASTM. Copies of any ESAs will be provided to the City and shall be maintained at the Contractor's facilities for no less than thirty (3) years after termination or expiration of this Agreement Contractor represents and warrants to City that the disposal of solid waste shall occur only at a Contractor Facility or an Approved Alternative Facility. Contractor represents and warrants to City that it will undertake reasonable efforts to ensure that the disposal of recyclable materials and green waste occur at a Contractor. Facility or an Approved Alternative Facility. C. AB 939 Indemnification. In addition to its duties pursuant to SECTION 15, Contractor agrees to implement measures to meet the requirements of City's Source Reduction and Recycling Element and the City Code with respect to the collected waste stream covered by this Agreement Contractor agrees to protect, defend, indemnify and hold City harmless against all fines or penalties imposed by the California Integrated Waste Management Board in the event the diversion, source reduction and recycling goals of AB 939 are not met by the City of Diamond Bar with respect to the collected waste stream covered by this Agreement as a result of Contractor's failure to perform under this Agreement, or if Contractor's delays in providing information prevent City from submitting reports required by AB 939 in a timely manner. City and Contractor agree to negotiate with respect to any additional AB 939 -related services, which Contractor and City agree to implement: D. Workers'` Compensation and Employers' Liability Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement full workers' compensation insurance ,and Employers' , Liability Insurance with a minimum limit of -17— Date of Printing: August 14, 2000 CITY:OF DIAMOND BAR MEMORANDUM TO: Honorable Mayor .& Members of the City Council FROM: Jim De5tefano, Acting City M DATE: August ,15, 2000 SUBJECT: Supplemental Information for Item 6.2 COPS Grant & Item 7.2 LLEBG Funding `1999-2000 on the August 15, 2000 City Council Agenda The following information is provided to the City Council to supplement the August 15, 2000 City. Council agenda packet materials.'` ITEM TITLE Item 6.2 Local Law Enforcement Supplemental Funding Citizens Option for Public Safety (COPS) AB 3229 Funding for FY 2000-01. Attached is an expanded description of theservicesand equipment to be purchased utilizing theCOPSgrant funding. Item 7.2 Local Law Enforcement Block Grant — LLEBG Funding for FY 1999-00 Attached is the advisory board review information from Court Liaison Supervisor Raul Garza. Mr. Garza is representing the court system in place of Ms. Gretchen Riebennacht. Ms. Reibennacht represented the court system -for the 1998-99 advisory board but was unable to participate this year. COUNTY OF LOS ANGELES SHERIFFS SHERIFF'S DEPARTMENT OFFICE_ CORRESPONDENCE DATE: MAY 05, 2000 FROM: ALEXANDER R. YIM, CAPTAIN TO TERRY BELANGER, CITY MANAGER WALNUT REGIONAL STATION CITY OF DIAMOND BAR SUBJECT:, RECOMMENDED USE OF AB 3229 MONIES The following is our recommendation for the expenditure of AB 3229 monies for the 2000/01 fiscal year. Description of item Approximate cost 1. Directed Patrol operations 75,000.00 These include, but are not limited to: overtime expenditure for Vehicle checkpoints, targeted crime suppression such as Methamphetamine labs, Holiday and summer bike patrol, etc. ) 2. Training (This includes. any .training 20,000.00 available outside the Sheriff Dept., which is available to the deputies. In the past this has included Domestic Violence Specialty training, covert narcotics training, officer safety tactics, etc.) 3. Sheriff Service Center 20,000.00 4. Surveillance Equipment 7,000.00 ( Covert cameras, transmitters, vcr,; night vision, etc.) 5. Community Relations promotional Items 51000.00 6.Upgraded computer equipment, Digital camera, 2,000.00 $129,000.00 - ARY/WPF a. Aug-15-00 10:02A P.02 LOCAL LAW ENFORCEMEN`r BLOCK GRANT (LLEBO) ADVIOSRY BOARD REVIEW OF FUNDING ars ` FISCAL. YF?AR`1999-2000 To: Teresa Arevalo, Senior Administrative Assistant Via fax: (909);861-3117 1',have agreed to serve as an Advisory Boardmeniber for the purpose of reviewing 1.1-EBG funding for the City of Diamond Bar. The Omnibus Fiscal Year 1999 Appropriations Act. Puhlic Law 105-277, nmvidcs funds for the implementation of the LLEBG Program. The purpose of the LLEBG Program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety. City of Diamond Bar LLEBG: `$65,026 City of Diamond Bar match requirement: $7,225 Proposed use of funis: >Funding for Diamond Bar Special Problems Unit/High Impact Team Deputy f I have reviewed and agree with the proposed funding request. If you have any comments, please comment below: Comments: j M/x ign ur Date CITY ;OF DIMOILTf W RIM ATE 08'0W !20 f , =y, tE; DUE M., 08/1512000 PREFAID PD '#- ItAXICE #ESCRIPTI{ON-lM. +tN� ��s 1E q TV TA AMBTI 0v: -c2 -.L si__ (fc:tl.37 RMMU DEP—REABAN f 50 v00, PRUEPAIDS TOTAL VaUrCIPPS TLTAIL 3.1FE # ENDC OR 5-0.00 , v . _ _ '.. Will a.-�•s`.r 77pST RCT R SUM '.'s „Ysi �4= - T T, L. V. Tic: ... CIO TN k) CHERS TOTAL IDUE VEE D. OR y JAi— TvTtFFF+��jiT `"_- --- z C#i! IIIA TA AL V 3.O AL b•L•L VCr�i'-f�'i' r "V. Lo nPIA_ S v F 07. Al Pf:'I: ATLty TR it Pfuv+. P'L,.lC. 550 .00 h 558. Cir, r EFJUL 0 v vi:_.-L._,_��s:�- ;uL�i ..i. .:. •.:v' L#.E35 F2EPCS _ of 00 3�x�- �}•. TC L PRE] A i i`? yfs UL r #r#iSRS � #r i3DIO — Py #r# _ v� r:T t +Tnn ULA VDI.K1 TTJ,S !u ;; L T^ i G4 of 4^ 7.75 �}c - - T'ITr r UU 1027' CC .00 T3 _ z f - TT!"O � 7 x- � 1 , CITY OF DFPMONM WAR Pk WE TPFJ- W15/Z, Tj 000 PYL's`..i nisi CijR�•: c r,. per ; T r. r I UNID. N_mf-nt.L aa_vi...,'r[`i�'uT r- u Po tt : [.�.y ,-. T y� D C =,1L: k .F 7zLi i#3-i s is t." r Rji SATE NECK Ci 1MVER NOMM- rir -E`,'.-C C?,.. _ 50.00 TOT ,� a+ ' PR �,: r, % '' TOTL_ V3,111HEM • TIT I LI'.zLt` i14 V ,T T 4t IAj �' .0 a,iu F.._sv, vv. vE zr_ti f^ .Z:6.c (:_' ^T 'ZS-� -• i..zL txib } :.F yes• •__e_F_ ' 11 Ii J TAL Liv-r ', `",,..? '.': >.6.00 TOTAL PREP IDL -07 i=T PUP z-}.�: ;.0„_ tin i L� y ! J"� of .. •-. t _i .i _uJ -ORR_lf .�. ,t.-r_+s 44216 TOMEP-AI i iiL 1D v - - 48*,01 50 ,... 70hT HIP i, T4JCB^ ixfb... {�us.ciLllu J'11 :% vC tai} L;,.. Tij`� r t vlavv` .,Ti 3 rI�9 R . 510. {{{{ TOTAL DUEVENILTIOR,50. OV AM i 1 __ tM1t F{ 0.. oAllic, :L z.._ ._. u siJ U s tTA. _ } 00 00 TOTAL rc tyTnrP c`... T'�h! ..�... } s-v.; -_.•Pt 12-iT _ 445:iY;i,. � +=t?rL S 'i1> itrI=3Cid t,.vi .. i7F. TOT.',”, x PREPAID'0 00,_. T.- A J"'= = ERS 77' _ ,: C T, UTI5 p= 51 - +t [ 149 LUIRI SEK— .0 fr , f _ PREP nasi: .. U0 ., t,FvuvC.LCL TOT-Ai ..600.00 '. T^tT 1 D t, 0 • v:..L _�:_ all y_,� GO _ i _ jjl v=iii Jv PCI,.,I'Tb._ r:TL ti_"C"F:.= .�: Ti_: T _ � LUF 1110N {+£i fy -•• CITY OF DIMMUM BA RUN _ Tel, x5j' -.. �• iz3 T SR -.-s C �nT e� T r#3. ,1#, •.x.,., Y:L•:;. n PO # 11L1Tt ATE i'i•!a,•'%; i y, v_i{ _vJ'v { .i. �•#��-_. '37105' r,l!-s T"rNC . xi'• Ai- /� , s•'J a V'V r TDTni ;-�- RAtDS f ' CH 43.00 T 101 T Al DE t Y 7 'ti EaC P="Qlj':jfT13 rJ. f}C fps t Ah ft �Li t.� v - r. T�-',E CsctFF.1 �A- trj'j15 ri+tiJ - ta(`i`j' 01 r' Sf: !,qII tCP Trt'f1 '7 _ _ _ —C.i21 T'Er•.enk.-_ 3PP .Fig ` p al%F�r3 1 #JrF'vt#...Lf �i�.. },i; OM 'TOTAl P771-1rT_ . t z_EPA, t£t t _. ft_ DUIE YENS{#•) .I JTAL FREDA I rts� FL ... s"�V E t .. 1615.00 .. (Ct8I ._— APKIPAIDS _ q p i vAL iv�ui.: la.f i•.e l:T Ei�%e tit3. rt,°� T#i 7 5 CSE - • nA ��-?=-?a3-, pp aJ 3t vYvJ u...#i. i,. P�( �S a�.i�j: s - _ +.+.ary t } .. 5.- #r# YL.:I i `ta_�'y. ,,: - 1..5 .6 +__ NE Lli -F-L k} 1.+fit` i :.e'ux�ET. RTfEle : .10 VL .-HERE " T[IT Ls k `% iris PtA a AUGUIJEF-H 2467 1115,1-12"IFOO' 11141 - iJir_ ,_Gisl ss� _ _+ 1 r,T r-# i v ,Lh U t.iJ.�4 vv -r J /22`000 `t??=ErJ J S . t_ # f �: �. p ? .7,._ ..t.t i.'.5_f i,,ty CITY OF BFM00i Ear yg {�Jt rte: rr >� #F= }3t C3 2000, l '=>_4= i',# REGISTER v� ; iii_ 4 _ - t2 ¢{ DUE HU - FREPAFart .. FUND/MKT FAFCvT i-'RDJECT L::?[ F0 }t! x",-- - r T -1 '�.F;3t_L.-{r._�#J..,.' ?,J'i t`. _ ry�y�:�e-t•3, E-�S�{.�,8' DATE . s'r�.i rrjr �{yy ML NIS r i4 ii}}f"P{-_ _ 5 I0-�rpiVY-. - Ai0191 YLCCAGJ_._a PRi, '•- `F " t {{ 1-00-- FRaF.SVCs-CNCL 7 f'8 12,0 0L 0015"tHO-41,00- om_. tx: jigJ': AlP i= '� z't h?i PROF.� OMM,�3 R � SIC A101911 F T&TOM-3 pif -TaT}`4t } 7: 12 12040n UAL V- HERSC , }}I 1Vpp ttrr ,ITL yfg,fj PAR IV, -F M NT ESS{IOC A7TQhl :n. 1r-- R}:inc2< s317 riO.NC T Jt -KATE PARS _80.1}x} ?OTA VU-IMERS ku_ i{� '.?.i k,L.; •av nr . rt ':{fl} TOTAL DLC?- VE DiAMONIrl,P . .... I..E ER —5 1 t : T n �] J _ �ai� ���:..iCL ��3iT�f �g+Y -, `taai i 'u t i 'i.•' 1 3a..__ 1. iia. �s 5•_L� MTu Sfs] 1 3._iLi 1 OUNCIL '1'i1 i�4' __ s 3 a� { - I OITA_ F LFa ' Ci tV1T_ VU CH- til ua ..a , •t •�•GIT ?:L5, ALL_i=> >EMErYvInvs r F> .: - i Ji. Gi'�P4 Sp t6. { if .! 1 {,2 FLiLt v`iis GA( f ASF £'!ir-. w is .�._U" hr} -�'S _ �} 4� r- 55 h L - US 60 '. .;.. TOTAi LL r. r 450.471 :vf - ':. : a r 7i: f i C '- Fn FAT _ Fv b fL L _ j ri j`� Jar _ _ = L c F 1 tea' INSI - W- i4._ r - t^— r - `Af�" Oo r. _ _ i 48 1;26 - C FORM AD-VL __. L r {J .ri .:,. . ..i.. _J : - ,�, A = -'3 1_� v._i srJ a_t_2t'1 t1r R: .jj F :- , - T ,£ { -. r _ .i5 1 CITY IABF DIAMTO _ RUN DATE: 0810%120010 11= .4:u ;�OUNEP RESILST F` GE. L: DUE 00 TFRIJ.' FREF� IU PU ' INz,:`�ICE ' DESCRIPTION ;N T IEPA CHECK BIVER`S11 IED PARAIRa-fi'EBIT :ayitr.: 112.-455'z9— �/RIDE SVCS -/16 /' 1., 5.60 1125-J53-4 C; -.. 9t}(z+t5 ls•t�•=+y 7�.T rc tom++ 7 Dj'RIDE ikE....t tjt1L. 128 { TOTA FREFAIDR TOTAL aM .h_RS 11,V85,17 .T IQTALI ILL {.NL{COR -y..4 n,•.c f� - CLASS 11111.5-STRUR-SUMI-0 b, rAi- wourmu�zq- 8272. 00 R- .. t t h. e30' n _ , c..- h , .Lu '.:f f TP3 �Lt'3-�Ct,Lanc ., a.,.. , _." ..___ a J, it}fit \ t-. rt j 731*.52 y,t 34_ 7`}- 37965 RECREA-ION FIM t` 208. - ,-:,5'iL i_ar. vS E•J - T4T•.- T TA Ja_-C s_..v 208.1110 , f 3, -M ,.l..ial u.!'f3 -nTfU TV IC I u_ ».- ,r�!i1 v,_r1v�Irt'{ a.li`}E:. 50 �. " '751 73: pvpp cc .-- .s. _r 3: u- iea _vi L26,5 ..ci' _...� "1 E? J L•aTfl WE- - Tit n 6. DUE VE - 91). 9tl (Ci Pp- AT -as a+ar - i T �. F ^ t, t OL L`-- T ,- - - - P ., y� ya T -TAI 'un Rt. UE -{-.= �1?FLIrc �'.��� 3 i�v,,Ir�}-' = n r1•- ..Eit: }t UTAir : `l Y. PEPS - ena:e - - :.r-�.i - r>s - ;eF J! ti °E�aD R F J. �� i i CITA OF DIAMM BAR :14 W* OMR;20.* 111224-- . 37 s `, { -->e . t,. rs MINER ii M I f5 /2000 Y ;T P. EFAID } F �i s.��_,_�av � 7 i 7�t?, ij.��L � A�iT r Si! "� INVOICE Lt+._iR'"F{Ski AM'+UiT :i4^ -t-' kST#- F iEE 11:_i':: -I i 4 . Sii3 Ut'ei! =v OF .r -TOTAL DUE f Lk IMM : �`-vte.�u{i.£t}] G.�ii,t0014050-42326-:-r_ .iR C"1 TOTAL FIREPAIDS TnT@t VOlU H t, - Ti TAL DUE VENDOR DOR _e i13, Jaf0 r RAMI ON -0-Q 73472-Dil— €':ECCE-f-R a•.: .ry.F ,_,N`._i a 00 TOTAL PREPAIDS .01 TOTALVLOU _ TOTAL DUE LOR ski. jjrj MEWS [KEFRIKES-RATION 15314 ___ :.. 7 TOTAL FREEPAIDS5 `v .; TDTAR i DUEGRRY V ` GRELINIG .. 0)15350-45300— .. u 08 1MMUR SUM %IER 159.60 T 0 TA L PKI_ TO AL VOUCHERS TOTAL DUE V, DOR 159.60 PE E'AT 111-a6.a REFUND D fr'- _a.t�3 TOTAL FREPAIR .00 TOTAL S :•i,e vis TOTAL DUE ft Es UR _i.Uv r , E x h._ 9 3hS F 1_i-- 0015316-42125-- ff ? , 1 j 27 CH,a SVS — {L{LC .TILL PK 75.7 L F t r ti : ._— -� - 0014040-421M5-- r, PHx -90 - VCS ,.ter. _., _1 .:_:5. TOTAL FREPAIDS 42 .31 C L CITY,-,CF L1LMIM DAiR RjN I MUCHER REBISTER ;= F; ! ! d-� PI'iit'I?: Li FUNME r. _T_Pc1j c T ^rr : ROJE a :ti.,;., i' rn tt U �•fi }� i#k iCE �+ =T flT M,,j ��7L�x T iil"!l#. ii1 7L AT MET,' U-A & FO Ea r�; te ' rPC $ 15A 94 ilk � i. Wi&AA 9.17 Z25 PROF Vtss PLAN ENEUK i cr 0-0115510-4 S7 '?__ -�.11i 1 1's pp `FI! !R E V1u Tkxk t*T 1j ' a 127.5`) SIF}_•;CS Ey�<" V4.fy�, `4��F ss�4�F. LAN _ rice �_r"5 r1?Z?,_it.^.LC _Wj.. �.lr-•1 � FRET.Lt- l 1 49 L_:.0 5: _ r i'•:J _4T i pr_ Olt) TGTAIL ` R 1rt c� 947.4,C _ b iri.,L LU aEYslOR �7 A.- r - • =''Tl .. r .r. •• .. . .sr i L ..L PFFF 36181 1 01D Cp 0 294 0 ASS QA T^ 1 Cha h'[7-B, r, - Q60 00 TOTAL DUE VENDA .r.-e �+�: IQ �! LE• aieE FrA—�- {{ is 06,'. TF_,T EF:-PAIDS 0 n!r! ! ICITAs_ ?OUC RS 14:06, NAL iF t tt7jtt UR 1 HE .,.L r 10-464V5-,5t 4i . u_ ALGEQ �C aTf-d F. _�yT�ii .z {} 832�0.y+t,. CffAl PUPA r{_T1 S!ljj� r._ f, r' n r :.:Tr s+832.00 JR.: _ , y .. ! �t; r. V 01 ` i.a+s.J. VE vc - ,?:�:•I. C—_r 7 it jOv 4'3 ar , RE A .—rj T�l Tj _ ! r tL_ .0 T 71 !! '1 t � t 4444 ! } t' PtPT ,.Lr L.{t -y r : i 17443 IS! uT ["'L _Y� z tT r,.+ r Y "C �. O_ £ to dA TAI v .Try f.. ••, MT.L. SITS �: AR RUM DATE. M8,1 3;fi,it 111,.241,:[ 'XIDUC-ti`s? IREGISTER PASSE. Far' it T 2, fir:_'.LT4 7 c siO-z_ TiC^vat¢fF xmi;LdT' DVATECHECK pp,Tp 3 t 1 vv �tPI i5 FE CCOMe �c'1(A-' £ s ¢} �J 1,- ",! {Zza-vn WS/1512;0K, `f"`T'-0I'i V T wa f+ TOT AL VOLICHEMSt 00 ` TnTAI T4 F 11� $ pp _.v c3 sf iL v ACES - •T7_1200 -P 1 E r r tit: 99 yi CYu0 4531{s — 10,23 .-• 3t. r�� dish >[[ L .y.x£af f1'.illf(�in 1 1 t. a .o SR i_XCI a FRAI i R1Aiii T3 60ff lOe 11 1if 'i'jvl ifJ-- 71200 SR L.?aCRSM, •tiG�iiis}�?14 �.. � 00 i.\y-CJ:is•J vi.[v--07,900 SS EYDR--SN—CATALINA Y['�LANIi 85.0( - TOTAL MUCH RS 5, 1 S-0.00 I L l off UE EMEIT5:t ti , Lt�[v. a )G _ y ' FCt PL is iiyu t �FPL ) 15 r+ 2 _ - i t #-lr nEta� { r td iJaij3 Eli At PD ur TD6 I -f"1... V{.t-.l_}iv 347 .70 _ i0?HAL r=.Jt V_i'i'#v,. ',4i niii JEE _.. cGy`< v=r .SIC_ '— HC`'v'.Ar' 05 p r Y?_f1v .00 MI. L VOUCHERS, Tr13 t 1;i v1siYlirJ :OTHL v :s_. it :. af. .. _Ml _[vii_• _. .:. A si—_..£'c[i lYjv_. ii.L 3'i3.)l ! TUTIFIL Am - v .00 30,00 tit. OT 1 rn!t 756[.>..t. a>.-... «:.f., .._- -eta«- i7rr 85.00 - � D 85. ' s _• [ {l A r`vl� SCC 7_I,`s't 1. >• t .:: ...[ M- Ds ID T I PF; :.. f Tr y r+J alfv : .. �tF viii .4 _ .:t —AT tq _jj�+r �0 TV -;•A D .` , 00 -U— VEINDiOR CITY OF DIAMMIrl BW, '.R DATE- GS/i-?j 11*4Q L+1:T�j!-t.•�c—R� :�}G�37:j,(S.!TEIR F'i4G. 9 - �73' �y+� - t.�F F.'*m'°jM. 08,715120=IEi. ".. PREPAID FIMSEyT-A C PP?OM-A T PO -# INVVICE LESS RIPTIMII MONT ,.:. RETA D �i`ek�C}: HAvFA KIM 1,810 RE .FATIJ; REFt, m �eky'f,i� k T T L PR EPRAI Ang nn A •W,. rill 15 V01_vJ., X0 10124 eu A f-f_:T TUMMER. t atk-.}l i� , Y _ MTh kkfskkC'L4C -- it • nncc TQ T ,1L_ �,x C:7.t OSE £i Mk. _. -x 55 a n `.=.: F., -s-cl;iu — T` & T NpMlltd,r, . S- TOTtf %�f pu 2213 MCA r ' Or _:...•s: '-{' i_is ' .. _. P ikr` € OJrl' 6!t 6. T^T rf.ki �Tx•"i i :i .:'fi I I Ja< [ xSl a E xL•3L �v ia0. 00 T,j t 0j'r Z3 .11 JOE u k3 • .:-�•� WEE � Rue,'i-i?i�#-! a1S Tl � li Tk :mo i.'�.M' T D i:.: tFI.NE i2h .3p Al Lry .. - } tsz, A _ rvR_�usIE s , r r ric T elf. T E . M --i 7 a _ r _ e! dL F'f LEF Uy AC -t: 417 +k{ u: ^' DU G t k. E OFi r Ac'i 1 n _ UZ, E UFML It e R r E C� �_L , ATIM T pT—: s -.r. - _ 2 2.2'2 Ali_ Vi CI EDS TrkT ,q //�y; CITY 05Dl';;7 Bpi -rt ••.^-Ti l 1')1,-if4l! • ,3'7'? r,L �w_/E•:; ?,_ fi ;.=t:r siC T^ 'VCL 'ice 4STi DUE Ti , r li MT ti s ACCT C'_i�. ACCT Yn # ItyC.,IC roc a� f:? l Asti s i ^L rK i.l._'7-("x 1 CCn PTES, IN fli },y Gt r PROF. 4 i { } 65 :v 4,7 - T T C A n - TOTAL ,xJtl._i'��}eJ y, rt 1 _ =.yis - LEE fn. ,T.:+i Qp D411RA NO SV A T,M1 3A— !iC LN lx M. ;x ? ,Tn _ — # :-- Cl ASC 2e^ Ds TRITAI WE a L�2c . ` A&?. pJ AL' _<.L•__,:< RE=-,ii 't .. }.: 3.._�i=i�F. 50 a;si z AL TO f ' -� 50, C i-P T1 IM { _.f t f`:}'`I DA i'tiiv V,x P Ei A API'lM 101 jOITA 1 K 7U '00 - TCIT1 t htr 4r�u s. (. 50 556,50 O{ry r r ILiT ._1." l ._�?3 t. ATT Fr 13 `s ��Mt' ATTEHIMNT.-BJ}_0`1,4 80 fir} 8r; 4444' TCT, PREP :IDS 35/"`000, 18 .= 0 TOTS,_ VOUCHERS .00, .�- i r . 1-03 NG— i f Q l:s� i Y SHERIFF'S �.P 11117`5402 _ 691l•LEvG •TCS c199 ) T. rvR MT n1Z- TOTAL VOUCHERS i q� TfiTA V 0 G "I 375fl,33 _. r Yl TOTAI V E+'E_ T3 T _ f ,. Mr.- rC`Cf'5 fT W, A I P Dgn—,fT 44 idiAi R' Sill- 41 f Lam: _.+ixf'.•L,.J x I , - J 3.513 LJ -} r_iLi, .63 s:Y7 Gr DIAMOt "! BAIR RUN D _ rr} Ct�ri?;LC'C�G' 1?.r2l„_:; cart}}>~t;ER REGHSTEM 308/ . j 1512M iC ; i iiT RL „ 1•ia' t i'-: � ' rt^ 'T 1� fLj'-e �,{•nT _ far ....ivl riJiL� t ::..• i - >: ii } r.. t �' t -_ii i.. L URTT IQIIN is J Tot :rtT DAT L (r+� xe-.C;r _.i_+, u1. r4 .v �}94 L3'raL tai�iE.L� Tj YV C, L v , r: M..a ii_at. FRIEFUNri v: .00 r - TtJ3AL FR:_PC }f#0 T3 T u 3. fs��✓s et�:vt-A�a TflTr '7 �_":' E r..tr. .3tet3'JA:F?'jr„�a .,'_:ir-_ .4_ :� CO1..`' E& �. YtS-st:urL�.:j�iRD .`-.J... 1i�.°% 0 Rr s a 72 00 TU. L.._..� t tY r�!!- e err SR 25t :OPM1L= .ioniti: -ra'f= ., i,.v,:.. _i�., G [ilk fSSa Y : .tr.: TC,-fA-1 VC, 1r 3' R 1 460 06' U + 4s 00, T; 4j'EP S n Vif 45,E .• T iP.! Lim ' ` ?B!R 45.00 FICI5 RE NO DEE-F-RURGAN, 50.00 €077! Er�..Iy_; . CIO r 50.00 EINDL C' 50. Ov - LOORD PEC N. t t t e� PU$-tri FF 'E t >ar nr, f ST � _ u! t + -U r. 3 .` -i Tt s - - -10 50.00' -, r -'t— ERUF _— f, Sull 1 97 • - - T Q ,� >- - TOT All V,-;�,FERS - - Ts.i;:t,< ,.:.rr.-taFC.x+.,r CITY OF DII'<I;i! GA 1 RIJN DATE. t3-IM'2 0! 11 24.37 lEHES PES tS in PACE; 12 T ,#iSJ .0.ll,-/ 0 FD r F11.1„_; u-v!`hcf �_a,:__v.. ! , ur= CusiT� c c - aMt .t ME LANES INC "n i `.i 42410-- EXCQ.Sti rm CAm. t 8i,i clo 224.00 008115/20!1l 44437 - T0TAL Viy+,MPERS on TOTAL DUC ttF-t'�DDR 24.Of, . tt n{ On {v,�',k�I: igCT}";�!C',Ltsiiai� �f_h'fi 01014 03D 422330 — TCMrF1;._U-+1Fr-Ev3YL11_: TOT AL FRFPAlDv .0 t C t ,i -T OT AL 1{�Uir..+!i+..�_e - 444, 21. TOTAL °j.."r i:�ENDIOR 444.21 U11:11DA PACE r .. fi,F, -3447F-0—+�?x.22 �„+�CRE T}�f +f 4L!- }1 r .40 TOTA�'L EP RE,Al 20. 00 _T Et T 20.00 :)-- it rq A:j ,-,rnp n F Tna RE, a '- - TrITA _,,,Az: .00 - TAT.+£ .:. F_'S F.s_. iv�'..t �t5 '- -T 10I 1 PF U6 SVC -ALONFIT Crig 28 4 s n FIL T ,ti .( OAi 4.54 ZS F � e - _ .'RANS. ' ` C. _i+. V(! L Ff}.n 3 i�?s�".. 3.= � .6 - r UL r.:E AIDS., : 2 r, 1 x F 1 :.. u. 0. PM- VE"-., j 53 AL 36.53 DUE V- NDOR L _- ri..r yr.. !.,; Tf '. F"' L ir, 4 j `}r!;�6, � F .I Y 6-1n,:>:,,' ' 5; 20 00 4444A TCT CHI CC Tr— UP k EK 12.;.!A...s - TTY �F i�ifiFt'D EF€ F'JN DATE* 88J09J2C*o 11=24.37 VDJCfE? REGISTER, PAGED 13 jS ra M115, 0-00 - f REPAID r_:"ITIJuLs? iLuT f iE JE f €F. T fu # DEv€.RIf'T10% M, F N DIAT FSt �' S € DIATE a i - - tt,, �`iG.€ei�. f Eru R_ , i., _ xL? T rt!i L€ - r 1,00 �.y J F f `:4 i 'F f_j- TSE S�'s i" -Li f .,2022.vs L,00� 4�.,.4a 00 i F a12 Q_ E -.L t—FRID, L. ,-g-. 08" '1210001 4444'. i. Fr l. ryiJ e.L.1Y=5r L'w�i9KiT ad_ -- - ? 1,166.x3.2 �L td F ya v� ?.'fit rn sa t{a --, f=-: _r x r .fes x C,L jr. 7�t}x_--[, t�,_tt`;..C..ct -_: -43. ';+ rt - 5i .vE�.; A $t; :__ .,. ., .. r�,� _ r -, ,;=�_ v.G_><Fl, V' I. .- 'tx] 81 v'Y't t: _ 4r.4 - - ri'1.2 ,.+J.st vc-f:; r{€t 69 0t,5';il ttt 'it - I ��T - 50 51 „I�n -• ��f�l .?�t;�I x t 4;. vs.•F\,. [O�i i aJ? Lta 1,. ::_� tt`.x '4'-wPr'x i t8, s�a3Lx ,t i - Y:_ - L - : R tn i'•_L i�,_ •:..;.;i.:._,:: , x1110" M,= siaLxaxx 3 - a:& �tCa.3 =7xis_.. _.a.:_ la..i._. INC r 2 t! - 10 v ) t{ir f07 2) tt' �t}'.i.a tieFCi iO1 :.2400_1.9 L0 a€J:% _.. Yf CFS. ..r-:. Ov aU.2:_.t�?� �i 11 - 3. a 1 +t l f::_ a.»4+444. 4 E ...31.. f x s= - !u�. ei LF_. 4444 x,,4,,_1,:— Gr =L zt;9: 1{C—v4 xt•-xiL Y -. !, 75 11 F `L�1_! { r L:. i€ ii�t �F 4141„_ �":L�I---vi _,.o, �_�i04356-ii EXPRESS ?L_ v -L 00723 a _c. st•t !1 F #[>_ -mf "Cel.- n_ i is --, ,__.. El. 16 ._L �- _ Lash t:' fc c.' - r 11w: . ri_ 4iv1.:_C.: - t v,a a .L M •J T_ AL i. C. lLt f F L_a: 2 - , [ ' _ L. I 44,44 _ aL- T DIT A L VOM HC P�l 275 01 : I i A ki 00 P€., 99-24 - _r}-a_Il• _,TAlr: F a_.:,x_ ..rF'rt= ILL Oct a l.x: �. v_,�.....r_.. - ,21!(y 0 e. - - iv C` ri Fc -c 9 C 44_4,4 rr sr to _ Cn,1t CIF ...� rJ ra ,.• yx x �:r.fl _vex - L TH�$'.PA.I DS fir! y. 268t. 94 -;MAll la- D:E VD, � �'. il�a FT -. .. . _ 0-01170C,- DCS CAMP' EXC N-7 rd, ar 775,34 v ££ W�TYPIF i TAR DRUN ATE, i 'a.•s 17 ERt, : YR�+�j�1.1{A�Jj. a�J�-d iY4iLs y'i DU H LUi ttf ti L��i:.:'? pp r i fE' rrt „�� 1 Pat` =FCT SLuT ,. v(j Tf v�'s�t -sic, r TC cit: ,�Trpi',i ;T �� L 4. .. OICEPI tact PDRI tli ftrr 0-42, ....•_-J IXA rTL_a, F H IF 19 t 1F's fA _ :C - .: il'..1. - r C", i C I+ 4�- jk.�. .t iYvv � La_ x i:E.TLY Tu [f$; x1- to� W.J1 35.- REGAL i 14 fu _, i FY(FF_ fiC i� l 9.11f-20 _ _ r .. r ,>-r r ,n TPTAi 4-9 65k y rr G i r. + Afi Y It a.Au.. ~a...w F '�rar {{ To VOUC n' r ,�__ :.z 4_•a'[J _� - .. 1r02^:.-' u'5r. s.'AF�„ ;vci� Cf i n y nia 00 i GT Ti TUNE. S T 1 i32. _ _- -0 1 AL J, +ryN ` 1 01 a7p :: �E —REP L 1'I� Ru tTii• i, ' _0 170. 00 v y Al lith.Gxmppi�� LE 'Ti L.. DIM _.,'. Li+.kME G 11 4 01ii I1 t 0 it f:' J - vu¢:irr_ i8.0�j' .. 4,46-1.84 1 UNE - TP. ., rFREPAIDS a INA,. PiL AL F A _ 15 LMA E 1Cf- DO - ` .� _ 1`9 A9 vi-�CL r_..vi_ ter.. ,i±.-;_� iv.v. r4'. v=f atKrf{ft _ r f�++ ##.. 15 r..�_ Mqw �frt, Mr13H ANIC.I $ ) :ii- - HL a 3 .. F r+ _' �r �_:..DUEeL. ._v 55_ 6 '� CITY DF DIAMED BAR RIN LATE, %flta�?3tu(Y4 11g24s7 VL1J?--P EEGISTER r::1 f_ i -•tile a , 3 E.L p�F :�ijksr.•irvx-CT 1 -ii .0 riv'.T k,.y .ife+}7iLL `L�.!*.F�'TELri2 E?: �{�4 �t•Y`{ 4r RnT:":" : CLUB fu OF D 7 1 j L } _- 00,153-50-45-305 �ti<' `-:`7 e-sn #,e.e-. �"Cr' i n Sl - v rt u.4t_.;S.tL i T7 pp••� ;.IAL I RE Ttsu.S CI: : - -.'.0 nL ,CUL:.}f.uc y .. 7110 TA 1- DUE VEENDRARZ. 7 j kk-- 1 v 4' qq kif' 'k r. i_e-•: vvs _.s_ :.__: x -.v �_: r.3 1''L.,, ii st•.I •'sY . .1 F.3Tf i4. i•r, .. ATM r # i �:x TOTAL !,_#_#3 FE 2 232 n1 �.: a.i T�"A # k VZP4 +ti: sn� t#:fi .max i�F,.,. ,t : CAC E 01. ll:�t ; "_ ?`i-- SCACEC COAF--'.I F L�{ C� tcll�'Ll 60 ii (}a`j :� 4C 4 TOTAL PREPA T IS 60. p fji} TOTAL �KjUaHr'PQ TLLTAL DUE FrEiNOIR T s 00 �•vj 0�14=1'042 _�-- L#,Lii Y f.Q C{� j �'•'.s�hdpk �L,1 _. • x - 1 s_ A�: -. .;'.. 61 4.A_ f• rx k" M. ,} liiiL if? 7rr`I7i��LL - Li CE sf - 58.314 u Y ��t € E-1 - PUBLIC WORKS' ' r TLT�ji CFr. �'n L Ds flA TOTAL • 10 71 AL U E VEN110 350.76 h . ' _r.x— _a.... 'SteL _.tm.:N_ - i A5-869/-.31101 7 1 EGAI am'V"j - r J} �r 64 +k017 I'ESAL His-- k-- 0,0 i_L�? Lf fit:, .' Y �. aOT..r T, -,T&1 SRS 1n.. —eTT AL ..1� rs': v .:.5"s 3 3 ''_-: Lkl f. .._.: .. moi. �'r ik'4 F_r t.iD • E. r: v T3 j7A cTy Eli i RE; A13:j 3i :_ y'..:_ sE:._1L. L 'r i•• -:nr a T r„ r- TT.�_ r1 35 00 MTV OF DIAMIOND BAF; p ; �-{ : T[ ham: {� Z/2 00 1 - 37 RV VOUCHER PAS DUE TRP M PRE L,� FUNIED Lk .� LAECT Ftik. EECf ifvf_{.: ' ijv� TI n Sfi �{.:E it f } 1iki T ySrki a, ,'.1'.zt} :Y {�. cf }C' frit MC „3 - ri'LT r n.•. r C i C >r TIN �LlT _ T DS : TOT AL VC."CHERS 1D L v c VEND IR - ori !RRL L,Idi``d SHM _ TOTAL v::CL T r -C - Y60. W, {'V.f'ir LVL •_.+x. DR. AL �vV •f+f4k 1`250 -{•w.._[k-- t ty. -rf :..•L.huS IN_r i -t :riR 51Jlun�.?'. rll:,.�'v PA T VCtt MUE .-..2t`1i':.: 600. Cly-, - ' 'r-'. - V FA 5 ItAl" CA T;' { {_qtr 3r �— .•'.. ,; Voi !Lo- �. i 101 CL lNE'71FRETR SUM 63. 010 nTt ,i AL ED.E _ f r -LIFORNIAZ4 Zil- c s' - 37 74 �s �r 4!'i= T- E,'+ is c i — , }{ r 1IR- . F r 76 iI_Ft LEC I US SMIR ME 'L R - y - } _ ciUS . •_ :'. C_ ..F 11liv EZ/,L+ :s t -_ Si , C t 1 - -,1.x.1 Ckyr TY' =t c�• 2.3 t v { CITY OF DIAMOND BAR PROM DATE, 08,10°a'�Cgin 11=2t4`�'1fC1L�i'�F� F.€C,TSTEP r= �� Dui TF.RU' 08/15{2000..- PREPAID #ri,cECT-4T rs7.�E�T-T = : �• Po I?��VEEIEE MELC ?n7•� i� G'aT ryT L ,.., .LL?. HUMID; M" IEMIEINIT . : es ti3 CYl:EC LlTe t Air I > 55 rl.€,tr } A ",Q ,L-16441", 1" vn07 : _I YRr r _GN RLP"1 -4LY/,Tl 1!€ i mi€C`:ily 444131 i Fc 4—:" . tr1 iyMt�2ME;-3InijVi tI a. 550".. 00 F _ 1t `t° aCt(a - 444 --"Q 12+ ' -- t 03-17 SF—;'T CIO REMI A HER. IFF CNIT SEPT' 2,o0 _ - 7 COMM 'uppMAITSEPT - T t Dec,., tH D INQ _-- t',_M SUFRI NCE u - - [ E - i v� i 4.7.1 E c.0 i'. iv '� C ;E €trj ' j 0 444€4 LEt.-ys_ - 1_uti+4 L e.gs_ �'.LIhJ S 10 i5 Ft44411A' 44411A'08 {�=1 i :ly, E EFS FEv :ai JL•L tlz =.F0 .: C' i A. 'LES PL � tt�� n'iiC�:7 L: t. RAL sn0 T :. ' -±. _•'J. .•!_WS .Er of} C ,..- a"J i ;E`�� CTTi i 't--rL� ..-2 r1 { 1 .• C:.. +1 A E�_ _G..•F_dhS CITY �i E t•�;.i`-- Gy 4ti ( _Mht-AitGER SUPP�}vu CITY "ANA,_EF I.taavL.'- 6 18 t - L vii �9iLZLs-1 '- ?rl':`,v �1.�eL.Rv: .-€Ee on tiy GEN £.nL +..1 `i '-" C, 1... r �n .rE rs .Ur { -I 7ES " t s-rs M}xtr" f f v CLERK, 12 - i:_ ..v v-..: w- n n J��. Fes✓. u+J � !,— ��:.5[i'T3�`i i C -r J...� �,.e...__°I i �� • C'SI�Cut FL -_ '4 ). 3E iT ft -AQ. [% i F _11 r11 1 ON f. { ri.. ! aL _ RED= ' i; i] =:F1' ter; - i Tt .� :__ : i'" StL..,_;+_ ,' i„t iT r h_ SU CR EA -11. hil Li 1G A -._:-J:'. 'fsi ..J •._ [ij.. `__.: iii+ ._ 1• {' ,E' U 1 v j" - ! �' wru c LJ - E Ar s i - _''"'= w iPO M. _ r i' ��i ,n_: , Lam,.. L , { 5 �,: } ,t _ �{t 1 ` u ji r 5 f "E:. i - I- l;: EL' il:.3L t ' T �•�. , - _ F ,. 7 -__ - i. L. C ^! L at 1 E 4 t t t� f-- of -.:..' Fij 1 I ' .» -. Z>_?i i �.T C — i ;: As �-i4} i HN";: _ » ` i 0 s ii10:300,.i i,'?r.L;J CFT T r _ {^i Y s ILs 1• f1yC�jv, Y t r L2 - a -f tlo__ s r ; :. rF s - std{LE nI it.T t 2.LJ i ;, t".i :i:a,v., v.Cl iEi '' u��'��.R17. u" ! t ,. 139 I!{1 ' 9itpip - T tTP T`i. is{„il_ I'DEPATDI.E r , LA i i CIF DTAMbND rk', RUN DATE ` 00/0012 CO'r,11:24 t J' a.v.s „ • ,,.-''ay'_ is Yv� L�1L,L±i't i� 011 JE s I C I" TER r DUE20 00 ,111-1 15, Aill }Taim;C T_Ri T O'Li nt+ T •; r r._ ! F�� FrT y_rs rpi Cl #li§sJkf r ,- :-. _� - - maw mmTECHECK t`1 r, '. u,AFL .iz Fy .,,i _ 52C}4-90-461,00— 57t '1': ; a.x:_ #;+t5ti? i.?` BH" - t. i'?i: -1,982-.00 _`±`- 00415551t-42 - c 58 -. , }C'a J'_ ;s`� �L I��-C u`� a_'?:vE...,`, 17E4Y4" r TCT,'! i uUCH R 152.49 r G: I'+ f-"s4:t+, if.,_i 53Sj 90. { IO oo - -rte �'u,r,_ .uuDit-Rj 4is .00. i 0 JAC UT _�`�- �.d r�_ „`J R4 ;,viii -`ii RE`. T±jT 14 AL '"-r z P; '" -r-, .,. T'vMli_U = _-i:.r: l J _-- k-. _ Rte C�}iGGf_'1L,.s r.v._.� T` Gi. ,i # 4 d.. �" �' 134 _ x_: t�_L_ .. k•{• +7 {!?>i �t i_ tltj. AI ?iR Elia—. Lt;`1, 3,J -] '1 F__ 5i, Cil,r' C%C.LI -'' LLQ LICti=...1T, I:SP_L '(_YL( - T[f A i il i _ �€t } IMMIERS 20 - - T! AL Lam !M ±r}r,, _- _.. 200. 00 ,.. t 15 30-0— 1 .; lNSTRC-TR SUMMER, ' -535-3 Tn nl E^ Ci' 7 I.E. _, f,26-73- TL -T _t_ sao. 30 Co ,,.-_,•._ _,�....; - ..9C ._::5 S`1F;,_ .JF, n1 j.. .. T :Lta,r 250 A-10 - -. 3fr— r. 'a v Z., 1i :.. 4-� .rte 00 VE 'I'VOIR T tE = u UIc niTr S K. �,n __S r TAn � w.., _ �r � r was___ ._.... ,.. _.�, I .L..,. - �.�.�.,� _ • _.�,� R124 DATE'• 3:$,`��/2 i0 11.24.37 {O`rHcM REGISTER _,r,Gc= t,n r CC r cI Dlj SEE, Rw.LT h_,,EL: '.�kv`vT -0 $ - T63C I0110E - a f"t'I J. VT ON ti 9 ,e.= :3 VL x . s• uu.- ##"' ]) Yvrit'L�"I{ '; fifer.enE; - DUE a a 3. LS'L Vat - 4_ WHOLE E 1E'tF9C INC r '32-' k €.. ¢¢ y,� f�vr:( e-S:'* i5..�4i. 14 F: TV Vj: P'+.a�._ t.•¢a_it_, : tF qq 4 TEf ¢i.¢, sL1.^_ TREE: �{.JJ .00 t 3 E i1 GOT - - - T PJii.f,C E Celli',.;. - . 4041.26 [rte E Te _ - r„y3c zEfSv itLAgw I:_-T�:r n. -' JP1 c �.: :itE .:ii:i :_ rL 00 -EDA. r MARTIN Tz„z=,_- �'.-. t1+ COMM-4� f! Gfl� Yak L ,�+E OUa'33a T:.TA� FRET IDS ,IM _TA {`�^: F_.C: Lxv'a. %+L.9_•.3,a 90¢00 .S{..f �I r 7 M Dr t J'l.L "1 a-€r.. Cr,FE UP 7 1 x ...�i 49rtf±E4 ° C'. � .,��rzlL�, TOUT AIC Er DS I rrt rr! ^h� AL =I..x_�.63 Til TEil kEi ^' t 470.001 f4 i ,,. Lkpt_.riI qq=O . L . , 4 i.. - vv; --:4874z ZN`__twit I amu.=-r r E _ rte:- .Se 4 z,1'. Tr' trs TrMn. F i s_.r aii F `- Yh5 ufa_f ,_r }.: J L Se`s c.7C7e 00 TOT' r,,.LtE '.o 275 '00 '. _v-t ._.:_._ L. ..Told'-: 3 t TS Tn. TIT} t _' a :r7:T_ Elt,...1 .LLQ n _ - 3 7 -- y_' CRE 'T _ p P I C; T AL V0.31CH-119116 rr Vp j DOR :... . _._. F. ,-.. ._,-.r ., _,::_ _red.--. •n—. ._ :r_.-... ,....i �.- ...'z ..-.a..; 1 r r := w ' �... CITY OF DIAMOND Bt's -.24,37 fit RM ;�a D}'ATE 0}8r ft'�x �.L;lV t i { i�.i'E° F : >,c f ER, ,4m' _ .:t1 ' T P FREPAID 1 =c �P_T1T FL= �'iC;LZ ,,'"`TtT;. xl rt�tT if t LhtC3 CTr'•JE SS T.r. 0015210 4410'i__ r �: _ a.00 TOTAL 1"FFHSiS z�{t TOTAL VOUCuP,..S 65 _ TC ,'?' DU%U ,'F" Ftfja65.fp jSi. POKMASTER 0C,1 09 921207_ ... �OuJ i P': *Tr_ ji�tiiq 3iL{esly' MAILI% -,:,0A. ofj TC i L tF!taU . {y{.? - /• T=vitA tt�.:L':.Hs_RS - n E 1ki., s?-� F!'} Th,S TT.T*..T.`; .... r . - n ?'€ 42 3 �Fta .v t. i..L nil4.�-- E- l v .Lain_ } yi}• - �'i Is__ �i)�_•V. �� R {'1 }.vi P. _}h�l �� TIT,"-' alt 'i3 -u ps q _.- -- TOTAL DUES j #lice , t f .: ' ily, Lpatri ,'Sy 4 .-{['Tt+r1I Eit.Lut�?i}I `P}T'Cl 1 v: _ ._.}: r.a TaTL ry : T z . , Al ati a UK s _ -- .-_ -.v:?..:: - - - s .( F4.. �. v:iu hil �ey._+�4 Lr.ik�n. Tn.•v vttf, . jJ71 f P. ICUM rt: - -• ._ .,vim_: _..as -' .,.a.0{}RE `. :._r.TLV'. 1. r.,_FJ:iu ,Sir_ E. c.._ 'iLr_ _ Pf .4 tj - -MlTf T; VE _ -,`Y__.. t. LL_L PV. .-vi.._r v. i 43x_J - .:.l TVT� Is E }:,,j •• r _ L { . r7__ f)-7 _.,..._.•r: - Pr;, ljh$Si 1,176.0,..:._f1•.,l 0f) 44416.5 �.v�r.._T _ - iv!iiL� ..r_ei iy Sv i. a4 7 r - TL 3 I DUE - lafE KIO i 17!' { . _. CITY OF DIAMOND EAR RUN DATE. 08/09ii[F00;i,.24*3Y VOUCHER naiL=IS_ER - PAK! DUE TF. { 1,18/15/2000 . - PREPAID vi3a.�j uLa�i x La, ,a�v: L"+ T 4 ;'zi:k4T T fii: 2 iE C li]Fi'�'1+ IT ai n.:, iiri. 3a.EL- �~,rt�'f•. C ' 4'4T!t_.+k., s . , u.._i: e Wi . a..t'iDIST S !'.2 vi 0015318-4:212i' t.'`.u= zCA..x'::'.rr f .., -,25.7- 3a- fi iS r. ._. _•_._. z - - iT F .-. S. MST ^ i -. W .t.. _. 3_ y ATELT SVC f1A : ^-. ill 00153­ -421 A 13855'3'7.'-42'1 15­ — fe n ER SV 1:L �.+IJ ''SS dv,.F t DIST i tly{:_31. E_t._1a WATER :.,rte Ls.T_RSDIA, ._.-__.,r_'_. .. ter: p �i I Ti+^ - i':.t,Ys_ +I.._l,._,�? Ljf � erg. 1171.25 ,. .. .71 ::i T-11 1_7 ia.ei.•,Ji'1 'tel ir..i of r...._,:.tLS' REM r - T;jrnt1 ED T f� :eh, sV if' - `r +' c , rt: . a.._ _�'_ IEFIZIDOR _5.00 i j y P a l i .:'ES"UPPLIES-SKA PK OPENING P x h^1r n is C ff MTS -HER-ERA fit f C � z Q t EvLI y 0044214 I 12.0 44214 n - .,roc 1. HI ; - 71 __i .5t 442in 1 t it:- L,P IS+FlC ti: LPMET ,.,r .s :. j •y{ar;n dt ay. Pf10 p c=, 444450 2. n �l"S'1�..4 v i t 1 �•: Li f; ff - + i'yti 4 f - rya slit •. Cti -` i ! _ {ClI'M I y . r �1C:08 52_ 000; _+r _ OS, ,.t.iAT r a.. 1•. . 4421 ' !sI LCL' Hwww 3»__T. a.._r...rrt Lr:: f /S>= r �4 0.011 � - T'Tiis _ET cNy.. 1:i fl 21 19 00 Q 0 1 11; 121000 15 4412 ' tT-, . `Ivu Ar 1{51l', If Ag-ar 4. - hr n UN!"- 20 088../15,1200'.) q2215 -DL 1 rE . T• .}.. .-r 4_. - - y_;i.._ �-:-_ r r :. -: 42-11,x,1 } - PITA-ICnn rL'{A .1�:_'_x,_.r. 11c Ary cki - fi y__:.. '!_.+__( y,lyt: i. i2�`,Ere.r E�.ca�t:' £e`•i: - ?. +.�=�(Fi': - OTA P CP TD TIM. VDUICHL. _ 495. Of_ ..._ G., a t" -. :?CT1DOR IAM 50L,22 2.Cr 00 = is h� - TtjTf OIJr-HCR_• L Lits_ Vv..v -Y t PAIU} i - - - {- Tifl- .tr.0 _ 0 nu - i-=,_ .T Tf:_T t _ _ CfTi OF DIAMON P. RUN DA ITIE. 08-110 i2001,1, WIDER ,.L v as _ DUE MIU, oslil2000 I - FRE C �I.L rumor i r.+.L f:�vEuFACrr, F7 T; 'i?§,tuCE , _ L•�E�.evE.. �i-:SM Fi[.i4S!4§`T` DATE ' `..:F tt•. ik:: REFUND Ars 4 TRECIREW,_ TOT TiJET. {S.xFilLuilf' CC r "OT:.L 1.1E rlEND.R. _ 55 Li ,TA ?tlP, CF^_.=zt_.:—`*4r `.'•ECRE.FT1011--ilFig _N' 85.000 - - TMTP` Cir 85.00 Y' ^ + RlrL 7�i•rii(}t} n CT0 37446 t•••r'1 TOT .. T;,, 4Oi_� `.=. R - TI'FA I C"lir {L -7 TPPPq u�. 4y ii. ,Ei.a{_ ftFM 6/ 16111611t_r_;,{] , TOT t t. k21L YLLIC II_r.J 1XS_ Do .14s.3'IL .i'i EDIED;01 [3 00 .� y.- .. lit, vii. TOTAL PREPAID:,, �77 .. �V+_IL i�,i� CITY OF DIAMOND RAR AGENDA REPORT AGENDA N0, TO: HonorableMayor and Members of the City Council MEETING DATE: August 15, 2000 REPORT DATE: August 10, 2000 FROM- Terrence L. Belanger, City Manager TITLE: Local Law Enforcement Supplemental Funding – Citizens Option for Public Safety (COPS) AB 3229 funding for FY 2000-01 SUMMARY: The Citizens Option for Public Safety (COPS) Program was established in 1996. The COPS program is intended for front-line law enforcement` services, including anit-gang and crime prevention. It is estimated that for FY 2000-01, the City of Diamond Bar will receive $129,000. To comply with COPS regulations, the City Council of the City of Diamond Bar must review the funding request from the Walnut/Diamond Bar Sheriff's Station. In the past, COPS funding has been used to fund a Bike Team, volunteer patrol activities, specialized training, special enforcement, and overtime Sheriff's personnel for the school traffic safety program: Captain Alexander R. Yim of the Walnut/Diamond Bar'Sheriff's Station submitted correspondence dated May 5 2000, which outlines his recommendation for the expenditure of AB 3229 ; funding for Fiscal Year 2000-01. Upon review of the funding request, the City Council must approve the necessary budget adjustment for receipt and expenditure of grant funds. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar review the recommended use of funds as requested by Captain Yim and approve the necessary budget adjustment for receipt and expenditure of grant funds. LIST OF ATTACHMENTS: ® Staff Report ®,Public Hearing Notification Resolution(s) ® Bid Specification (on file in City Clerk's office) ® Ordinance(s) Other: Correspondence dated May 5, 2000 — Agreement(s) AB 3229 EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes No by the City Attorney? 2. Does the report require a majority vote? Yes_ No 3. Has environmental impact been assessed? _`les _ No 4. Has the report been reviewed by a Commission? _ Yes _ No Which Commission 5. Are other departments affected by the report? Yes ® No Report discussed with the following affected departments:- REVI E BY: DEPARTMENT HEAD: Terrence L. Belanger David A. Doyle Teresa Arevalo City Manager Deputy City Manager Senior Administrative Assistant COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT OFFICE CORRESPONDENCE Nci co 0 on 0 LU co toO N -- O 0. 0ai U U 0 y W , N 3 0 U �, Y N >Ia.c X C3 .._ o .0 mcnO C c7v. •O " ON O v to - 4 > O 0— C V O W O N C LCL a�+ U 00 "O Q Y� 000,5 o�(y �Q � �o O rn U CC; 17C O p 0 U c "G U y U �" 4�r V O N CG toO GU �� U rA 0CA all , :� tJ L" E" � v1 rO� V] O •C, y O = 3 '�+ O o CCS O O • �". 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RS Or V` L ¢ v In U cu 0 _O ta O v , C c� 4r aS i, . y am, t:L m w C O .+ .O y Y O •-+ B 4. �, O C C �j � 'CJ � O p r.j v +-+ G• O� v ++ v� .. � „_, w v y v v v �"' .••+ Q E"' ar (y�' � .+ C1, O _U .�.+ ..U.. .O v, U v •O. •c� � �" �..' ..O J.. C /� ' •rJ O O :: 7< fS, �. LL � •y ^._. O O. C O O `•.' �'' �C/i `—� U M U v cB c� E—+ -O U V]' U ca MO u, c M u Lf) ry Continued from July 18, 2000 CITY OF DIAMOND BAR f AGENDA REPORT AGENDA NO tom: TO: Honorable Mayor and Members of the City Council MEETING DATE: August 15, 2000 REPORT DATE: August 10, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Extension of Contracting Services Agreement with Huls Environmental Management, LLC for Integrated Environmental Management Services SUMMARY: Since 1995, the City has contracted with Huls Environmental Management for consulting services addressing stonnwater, solid waste, recycling, waste prevention, and public outreach to achieve and maintain environmental compliance in an integrated fashion. The City's agreement with this firm will expire on August 15, 2000. The existing contract allows the City to extend the contract; consequently, the City is prepared to extend the contract for another year. This extension will represent the fifth year of contract extension. The proposed scope of work offered by Huls Environmental Management addresses the principal needs of the City this fiscal year. The major concerns of the City include proper implementation of the new solid waste system and measures involving stormwater management. In addition, we are embarking upon new grant programs involving funds from the Department of Conservation and the Integrated Waste Management Board. This requires a'high level of continuity and an in-depth understanding of the community, traits offered by the consultant. RECOMMENDATION: It is recommended that the City Council (1) find that it is in the City's best interest to extend the existing contract, and (2) approve and authorize the Mayor to extend the Consulting Services Agreement with Huls Environmental Management in an amount not-to- exceed $69,650 for services relating to the administration of the City Integrated Environmental Services Program, ,including administration of the solid waste system, coordination of the AB 939 program activities, management of the City's used oil and Etter reduction grants, and implementation of the NPDES permit requirements. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution T Bid Specification _ Ordinance X ' Other (agreement) EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance, or agreement been reviewed? X Yes , _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? NIA _ Yes _ No 4 Has the report been reviewed by a Commission? NIA Yes _ No Which Commission? 5. Are other departments affected by the report? NIA - Yes _ No Report discussed with the following affected departments: REV11DE Terre le L. Belang 1 James DeStefi noDa viieGS.iu City Manager Deputy City Manager Director of Public Works CITY COUNCIL REPORT AGENDA`NO. MEETING DATE: August 15, 2000 TO Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Consulting Services Agreement with Huls Environmental Management, LLC for Integrated Environmental Management Services ISSUE STATEMENT: The City of Diamond Bar has retained the services of a consulting firm with experience in solid waste planning and integrated environmental management program implementation. The City's current agreement with this firm, Huls Environmental Management, LLC will expire on August 15, 2000. Consequently, the City is prepared to extend the contract for one year. RECOMMENDATION: It is recommended that the City Council (1) find that it is in the City's best interest to extend the existing contract, and (2) approve and authorize the Mayor to extend the Consulting Services Agreement with Huls Environmental Management in an amount not -to -exceed $69,650 for services relatingto the administration of the Ci Integrated Environmental Services Program, including h' �' administration of the solid waste system, coordination of the A& 939 program activities, management of the City's used oil and litter reduction grants, and implementation of the NPDES permit requirements. FINANCIAL SUMMARY: The City has budgeted $45,000 of Integrated Waste Management Fund and $25;000 General Fund in fiscal year 2000-01 for environmental management services. The major funding sources are the Used OR Block Grant, the AB 939fees from solid waste collection, the Litter Reduction' Grant, and the reimbursement program under an executed'MOU with the County of Los Angeles for the NPDES Educational Site Visit Program. . BACKGROUND / DISCUSSION Since August 15, 1995, the City has contracted with Huls ,Environmental Management for integrated services addressing stormwater, solid waste, recycling, waste prevention, and public outreach to achieve and maintain environmental compliance in an integrated' fashion. Integration maximizes the utilization of resources through a synergistic approach among the various environmental mandates, using resources from any part to support efforts in other parts, thereby lowering the overall costs of implementation. P Huls Environmental Management August 15, 2000 Page2 As the City's Integrated Environmental Services Coordinator, Huls Environmental Management has been actively engaged in the day-to-day administration of the City's solid waste management and recycling system, and implementation of a variety of programs including storm water management, public outreach and; education, backyard composting, multi -family sector recycling, waste audits, educational site visits, technical assistance to the community, and management of grant programs. Huls Environmental Management has prepared several important reports including annual compliance reports and has guided the City through selection of exclusive haulers for the residential and commercial sectors .via an RFP process. The present professional services agreement will expire on August 15, 2000. The City has requested Huls Environmental Management to provide its proposal to continue the aforementioned program for purposes of continuity and consistency, and to assist the City with the implementation of the NPDES permit system requirements, and implementation of the new solid waste management system recently selected. The scope of work to be performed by Huls' Environmental Management is shown on the attached proposal dated June 30, 2000. The proposed scope of work offered by Huls Environmental Management addresses the principal' , needs of the City this fiscal year. The principal concerns of the City include proper implementation of the new solid waste system and potentially complex measures involving stormwater' management.` In addition, we are embarking upon new grant programs involving funds from the Department of Conservation and the Integrated Waste: Management Board. This requires a high level of continuity and an in-depth understanding of the community,, traits offered by the consultant. As, noted earlier, the City's contract agreement with Huls Environmental Management will expire on August 15, 2000. The existing contract provides for written extension and this extension will represent the fifth year of contract extension., Staff is recommending that the extension provisions of the contract with Huls,Environmental Management be utilized for this fifth year extension. In summary, Huls Environmental Management is very familiar with the City's requirements and with its program, having been instrumental in both its development and implementation. Huls Environmental Management is knowledgeable of the local conditions, and with the complexities of the community and its demographics. Huls Environmental Management is currently offering similar services for numerous municipalities in Southern California including Rancho Palos Verdes, San Gabriel, Paramount, and others. Furthermore, having a consultant who is familiar with the City, its menu of programs, and has implementation experience, is invaluable and will ensure that the current and planned programs activities are not disrupted or delayed; especially as we transition to new refuse and recycling haulers. For all of the foregoing reasons, staff believes Huls Environmental Management is the most qualified consultant to assist the City; and, it is in the City's best interest to extend the existing contact to ensure consistency and continuity of the services pursuant to DBMC Section 3.24.110(d). The proposed fee of $69,650 represents, an increase over the previous year's total fee to address implementation of the new Department of Conservation grant for this fiscal year. Prepared by: David G. Liu CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: August 15, 2000 REPORT DATE: August 1, 2000 FROM: Lynda Burgess, City Clerk TITLE: PUBLIC HEARING: Resolution No. 89-97P: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BARAMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL SUMMARY: The Political Reform Act requires every local government agency to adopt a conflict of interest code designating certain positions participating in making decisions which may affect financial. interests. In addition, local agencies are required to conduct a review of its conflict of interest code biennially to determineifit is accurate or if the code must be amended. Upon review of the City's Code, it has been determined that several amendments are necessary to bring the Code into compliance. These changes include: Addition of Assistant Engineer and Associate Civil Engineer and removal of Associate Engineer, Deputy Director of Public Works, Senior Accountant and Treasurer. RECOMMENDATION: It is recommended that the City Council open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89-97P adding the positions of Assistant Engineer and Associate Civil Engineer and removing Associate Engineer, Deputy Director of Public Works, Senior Accountant and Treasurer. LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification _Resolution(s) Bid Specification (on file in City Clerk's office) _ Ordinance(s) Other: Fair Political Practices Commission I Agreement(s)' - Notice – June 2000 " EXTERNAL DISTRIBUTION:` SUBMITTAL CHECKLIST 1. Has the resolution, ordinance or agreement been reviewed X* Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? _ Yes _ No 4. Has the report been reviewed by a Commission? Yes _ No Which Commission? 5. Are other departments affected by the report? X Yes —No Report discussed with the following affected' departments: 'Community Services *City Attorney prepared original Resolution-this effort changes the exhibits REV W D B DE ARTMENT HEAD: 9 wo Terrence L. Belanger Davi yle Lynda Burgess "` City Manager Deputy City Manager City Clerk CITY COUNCIL REPORT AGENDA NO. MEETING DATE:August 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Conflict of Interest Code for City Personnel ISSUE STATEMENT: All state and local government agencies are, required to adopt conflict of interest codes designating certain positions making or participating in the making of decisions which may affect financial interests. During the FY 2000-01 budget process, it was determined that the position of Assistant Engineer and Associate Civil Engineer be added and removal of Associate Engineer, Deputy Directhr of Public Works, Senior Accountant and Treasurer. RECOMMENDATION: Open the Pubic Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89-97P Amending the City's Conflict of Interest Code for Designated Personnel to: add the positions of Assistant Engineer and Associate Civil Engineer, remove the positions of Associate Engineer, Deputy Director of Public Works and Treasurer and reclassify the position of Senior Accountant to Senior Account Clerk. FINANCIAL SUMMARY: No financial impact BACKGROUND: The City established its Conflict of Interest Code through adoption of resolution No. 89-97 on October 3,1989. Six positions were designated at that time to be required to file statements with the City Clerk disclosing interests in real property and or income and investments from businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City." ' Since that time, various amendments have been adopted by the City Council for the purpose of establishing further positions or adding' Commissions also required to file disclosure statements. DISCUSSION: Adoption of Resolution No. 89-97P would add the positions of Assistant Engineer and Associate Civil Engineer, remove the positions of Associate Engineer, Deputy Director of Public works' and Treasurer and reclassify the position of Senior Accountant to Senior Account Clerk. —. RESOLUTION NO. 89-97 P A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL A. Recitals. (i) The City of Diamond Bar has heretofore enacted a Conflict of Interest Code for designated persormel (ii) The Political Reform Act of 1974, California Government Code Sections 81000, et seq., requires the City to adopt. amendments to its Conflict of Interest Code to ensure employees of the City are appropriately designated when new employees are added to The City or changed circumstances occur with respect to job functions. (iii) Pursuant to the provisions of California Government Code Section 87311, a duly noticed Public Hearing was conducted and concluded prior to the adoption of this Resolution. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respect as set forth in the Recitals, Part A, of this Resolution. 2. The City's Conflict, of Interest Code; as heretofore adopted, hereby is amended by the adoption of a new Exhibit "A" setting forth designated employees and disclosure categories pertaining thereto. 3. Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code. 4: The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 15th day of August- 2000. Mayor i, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the '15cn day of Au ust , 2000, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS_ ATTEST: City Clerk of the City of Diamond Bar i I ATTACHMENT CONFLICT OF INTEREST CODE FOR THE CITY OF DIAMOND, BAR The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political' Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of P Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices CQmmission are hereby incorporated by reference and, along with the attached, Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Diamond Bar. Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the City Council, Planning, Commission and City Manager, the agency shall make and retain a copy and forward the original of these statements to the Fair PoliticalPractices Commission. Statements for all other designated employees will be retained by the agency. APPENDIX A DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES Accountant 11 Administrative Assistant 1, Assistant to City Manager 1, Associate Civil Engineer** 1 Assistant Engineer** Associate 1 Engineer Associate Planner 1 City Clerk 1,2 Communications and Marketing Director 1,2 Communications and Marketing Coordinator 1,2 Community Services Assistant: 1 Deputy City Manager4 Deputy DireGt®�ub!iG VVGF 1, 2 S Development Services Assistant 1, 2 a 1 Diamond Bar Community Foundation Board of Directors (11) 1 Director of Community Development 1,2 Director of Community Services 1, 2 Director of Public Works/City Engineer 1,2 Finance Director 1,2 Parks & Recreation Commission 1 Public Works Supervisor 1 Recreation Superintendent AeGewRtar,€ 1 .SeiieF Senior Administrative Assistant Z 1 Senior Engineer 1 Senior Planner 1 Superintendent of Parks & Maintenance 2 Traffic ,& Transportation Commission Treasurerr 1 2 • NOTE; City Council, City Manager, City- Attorney, Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code Sections 87208, et. seq.), not this Code. ** Added to the Fiscal Year 2000-01 Budget ATTACHMENT B CONSULTANTS, AD HOC COMMITTEES, TASK FORCES AND SIMILAR GROUPS Commission Regulation 18700 defines "consultant' as an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve e rate, rule, or regulation; (ii) Adopt or enforce a law; (iii). Issue, deny, suspend; or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency; to enter into, modify, or renew a contract provided itis the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study; or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a: staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code: With respect to consultants, ad hoc committees, task forces and similar groups, the City. Manager shall determine in writing if a particular consultant, ad hoc committee, task force or similar group performs a range of duties requiring disclosure hereunder. That determination shall include a description of the consultant's, ad hoc committee's, task force's or similar group's duties and a statement of the extent of disclosure requirements. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. APPENDIX B Catea 1 Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City's boundaries or within two miles of any land owned or used by the City. Category 2 Persons in this category shall disclose aR income from and investments in the businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City, In addition, as to any business entity, in which the person or his or her spouse owns, directly, indirectly or beneficially, a ten percent or greater interest, the person shalt disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph: 1 FAIR POLITICAL PRACTICES COMMISSION 2000 Conflict of Interest Code Biennial Notice for City Attorneys and City Clerks The Political Reform Act requires every local Adopting/Amending a Conflict of Interest Code government agency to review its conflict of interest code Seminar Locations and Dates biennially to determine if it is accurate or, alternatively, that the code must be amended. Once the Walnut San Jose determination has been made, a notice must be Monday, Sept. 11 Wednesday, Sept. 20 submitted to the code reviewing body no later than Council Chamber Council Chamber October 1 of even -numbered years. 21202 La Puente Road 801 North 1 st Street The City Council is the code reviewing body for city 12:00 p.m. - 2:00 p.m. 1:00 p.m. - 3:00 p.m. agencies. Therefore, the City Council must, no later . than July 1, 2000, notify each city agency to review its code and submit a notice (sample enclosed) to the City Sacramento San Diego ROV Council I that either amendments are required or that no Wednesday, Sept. 13 Thursday, Sept. 21 amendments are. necessary. Notices must be submitted FPPC Dept. of Planning & Land to the City Council by October 1, 2000. The notice is 8th Floor Hearing Room Use, Conference Hearing not sent to the FPPC. 428 J Street Room, Ste. B 10:00 a.m. - 12:00 p.m. 5201 Ruffin Road ' If amendments to the city's code are necessary, the 1.00 p.m. - 3:00 p.m. code must be forwarded to the City Council for approval within 90 days of submission. For example, if an���`� agency files its notice on October 1, 2000, indicating an Santa Ana Torrance amendment is necessary, the amendment must be Thursday, Sept. 14 Wednesday, Sept. 27 submitted to the City Council by December 29, 2000. Santiago Lawn Cultural Arts Center An agency's amended code is not effective until it has Bowling Clubhouse MusicRoom been approved by the City Council. 510 East Memory Lane 3330 Civic Center Drive The FPPC is undertaking'a year long project to 1:00 p.m. - 3:00 p.m. 1:00 p.m.'- 3:00 p.m. rewrite and simplify the conflict-of-interest rules. This project d'cult and complex areas of law under the Political cal Re orm Act. The RohnertPark Fresno Commission is seeking public comment on a proposed Monday, Sept. 18 Thursday, Sept. 28 revision of the, 'rules affecting conflicts of interest by Council Chamber Council Chamber public officials. You are encouraged to check our 6750 Commerce Blvd. 2600 Fresno Street website for information. 11:00 a.m. - 1:00 P.M. 1:00 p.m. - 3:00 p.m. Enclosures ✓ Biennial Notice To register for a seminar call the FPPC ✓ Worksheetat (916) 322-5660, press 3. Seminars are subject to change. Designated Positions Fact sheet Consultant Fact sheet P.O. Box 807, Sacramento, CA 95812-0807 (916)322-5660/www.fppc.ca.gov CA -CC - June 2000 2000 Local Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: Office Phone No: Fax Number: E-mail (optional): This agency has reviewed its conflict of interest code and has determined that: The code needs to be amended and the following amendments are necessary: (Check all that apply) O Include new positions (including consultants) that must be designated O Revise the titles of existing positions O Delete the titles of positions that have been abolished o Delete the positions that manage public investments O Revise disclosure categories O Other F No amendments are necessary. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date` You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 2000 to (return address of agency) LA - June 2000 Biennial Notice Worksheet The following checklist may assist in the review of an agency's conflict of interest code. This is only a guide and is not intended to be an exclusive list of issues that may need review. ❑ Does the code contain the following three basic components: 6 Language which' incorporates FPPC Reg. 18730 or contains the basic provisions required in Government Code Section 87302 - c" A list of designated positions that make/participate in making governmental decisions (see fact sheet) c� Disclosure categories specifying financial interests (investments, interests in real property, income and business positions) that designated positions must disclose ❑ Review the agency's organization chart and duty statements o� Do positions need to be added or deleted? o' Is there a need for new positions to be covered in the code? is there a need to reclassify disclosure for any positions? o Are consultants designated (see fact sheet)? o Do any officials/consultants manage public investments? o Do you list city council, planning commissioners, boards in the code? o Amendments needed? Use underline and strikeout; see sample below. ❑ A review of joint powers agreements, minutes and annual reports may assist in determining whether designated positions and their respective disclosure categories are accurately reflected. ❑ Notification: Notify employees and the public. Notification procedures are at the discretion of each local agency. Fair Political Practices Commission P.O. Box 807, Sacramento, CA 95612-0807 (916) 322-5660/www.fppc.ca.gov Wksht - June 2000 How to Determine Who Should be Designated In a Conflict of Interest Code Determining Who Makes Making a governmental decision, means the person: or Participates in the (1) Votes on matter; Making of Governmental Decisions: (2)Appoints a person; (3) Obligates or commits his or her agency to any course of action; or (4) Enters into any contractual agreement on behalf of his or her agency. Participating in the making of a decision, means the person: (1) Negotiates, without significant substantive review, with a governmental entity or private person regarding the decision; or (2) Advises or makes recommendations to the decision-maker by conducting research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgment on the part of the employee and the employee is " attempting to influence the decision. Who is a Designated A designated employee is an officer, employee, member or consultant of an agency Employee? whose position is designated in the code because the position entails the making or particiaation in the making of govemmental decisions which may foreseeably have a material effect on any financial interest. (Government Code Section 82019.) To determine who should be designated in the code, you need to know who within the agency makes or participates in the making of governmental decisions. (Commission Regulation 2 CaL Code of Regs., Section 18701:) Who Should Not be The term "designated employee" does not include.- nclude:Designated? Designated? . Public officials specified in Government Code Section 87200 board of supervisors . mayors • chief administrative officers • city managers • district attorneys • city attorneys • county counsels • city treasurers • county treasurers • other city, county and local agency public • planning commissioners officials who manage public investments city counciimembers • Solely clerical,' ministerial or manual positions • Unsalaried members of boards or commissions which are solely advisory Checking Duty Statement You can determine who should be designated in the code by first eliminating those and Job. Description: positions outlined above that are not designated employees. Next, evaluate the remaining employees, members, officers or consultants of your agency. Top level management personnel are normally broad policy makers and should be designated. Beyond that you need to look at each position to determine if it makes or participates'in the making of governmental decisions. One way to accomplish this is by reviewing duty statements 'or job descriptions. Some agencies rely on department supervisors to determine who within their department makes or participates in making decisions. This would be acceptable provided you set out for the supervisor what it means to make or participate in the making of decisions as set forth above. Fair Political Practices Commission P.O. Box 807, Sacramento, CA 95812-0607 (916) 322-5660/www.fppc.ca.gov CFS1 - June 2000 Consultants in a Conflict of Interest Code Who is a Consultant? The Political Reform Act (Gov. Code Sections 81000-91015) provides that "no public official at any level of state or local government shall make„ participate in making, or in anyway attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest." (Section 87100.) In addition, the Act requires every public official to disclose those economic interests that could foreseeably be affected by the exercise of his or her duties. (Sections 87200-87313:)_. The term "public official" includes consultants: "'Public official at any level of state or local government' means a member,-,officer, employee, or consultant of a state Or local government agency." (2 Cal. Code of Regs. Section '18701(a).) Regulation 18701(a)(2) defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whetherto: (i) - ._ApprovesTee,-rule; or regulation; :-.. _ (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv). Authorize the _agency to enterinto, modify, or renew a contract provided it is the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party onto the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; -OR- (B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties forthe agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. Consultants are It is not the business or firm providing services to your agency that is considered the Individuals consultant. The individual(s)';working for the firm who provide the services are considered the consultants. These individuals must file statements of economic interests based on their personal financial interests and are subject to disqualification and other laws affectngpublic officials_ Serving in a Staff The regulation includes only those individuals who are performing substantially all the Capacity same tasks that normally would be performed by staff members of a governmental entity. In most cases; individuals who work on just one project or a limited range of projects for an agency are not considered to be working in a "staff capacity." The length of the individual's service to the agency is relevant. For example, suppose an ' individual contracted with a city to study noise at a specified intersection. If the individual took the noise measurements in one day, and issued a report to the Fair Political Practices Commission P.O. 'Box 807. Sacramento, CA 95812-0807 (916)322-5660lwww.fppc.ca.gov - C1FS2 - June 2000 `- Consultants planning commission before its next meeting, the individual normally would.not be serving in a staff capacity. If, however, a firm's contract provided that it would provide all plan checking services for a city for five years, it is much more likely that individuals performing these services would be in e(quasi-staff capacity. In addition, the tasks of the -quasi -staff member over this period of time must be substantially the same as a position that is, or should be, specified in the agency's conflict of interest code. (Memorandum to the Commission dated March 28, 1994,'regarding Regulation 18700, pp. 3-4.) (KallandAdvice Letter., No. 1-96-078.) An individual -who makes agovernmental decision listed above or serves in staff capacitywith the agency is considered a public official who must file a statement of economic interests. The individual is subject to the Act's gift limits and conflict of interest provisions Examples Persons classified as Deputy Public Defenders appear to "make" or "participate in making" governmental decisions and therefore should be included in a conflict of -interest code:' -Deputy -Public -Defenders are attomeys appointed by the court. Deputy Public Defenders confer and; negotiate with judges and prosecution, ultimately binding the agency to a course of action in court. They also make recommendations to the Public Defender regarding requests for investigation, expert services, transcript preparation and other special services related to their cases. (Nagel Advice Letter, No. A-97466.) An attorney hired to performongoing` legal services for an agency would usually be considered a consultant. Attorneys generally have broad powers to affect decisions which could foreseeably and materially affect their financial interests. These powers include the authority to represent and bind the agency to a course of action in litigation and contract matters. Attorneys often make governmental decisions listed in Regulation 18701(a)(2)(A) and/or serve in a staff capacity with the agency. However, an attorney hired to -work -on -onedisorete-litigation matter, who was not making any governmental decisions listed above, would not be considered to be working in a "staff capacity" and, therefore, would not be a consultant. An investment firm provides consulting services to a county employee's retirement association.' Pursuant to a contract, employees of the investment firm attend all board meetings and subcommittee meetings where investment issues are discussed. Employees of the investment firm are required to perform other services and provide — reports on investment issues as requested by the retirement board or staff. Because the employees of the investment advisor serve on an ongoing basis as staff for the a. retirementboard,-andn.tlaat�capaci#yparticipate.in.the.making.ofall investment decisions, they are considered consultants under the Act. '(Randolph Advice Letter, No. 1-95-045 Individual members of a consulting firm who prepare an EIS/EIR report for the Sacramento Regional Transit District's ("RT") Folsom light rail extension are consultants and should be designated in a conflict of interest code.' RT hires environmental consultants on an as -needed basis to prepare extensive or technical environmental studies which cannot be completed by its staff. RT hires 2 Consultants environmental consultants for each project. The consulting firm will be under contract' with RT to provide environmental services for three projects extending over at least three years. The consultant conducts research and makes investigations that require exercise of its expertise and judgment, and prepares the report. The consultants role also encompasses recommending to RT's board of directors approval of agreements and permits it negotiates and approval of the environmental report. Although the RT board reviewsthe report and relateddocuments, because of the technical nature of the study, the consultant's conclusions. and recommendations are accepted without significant intervening substantive review. in addition, members of the consulting firm have authority to negotiate contracts and recommend RT's approval without significant independent review by RT (Patterson AdviceLetter, No. A-97-570.) The Commission realizes that not all consultants participate in making decisions on Listing Consultantsinbehalf of public agencies.- Rather than amend your code each time you retain a a Conflict of Interest consultant who is in a decision-making capacity, you may use a specialized Code disclosure category which provides that the disclosure required of consultants shall -be-determined on a'case-by=case-basis by the -chief executive officer. The chief executive officer may make a determination as to what disclosure, if any, is required by any particular consultant. This consultant disclosure category should be part of the code. You should add the , position "consultant" as a designated position in the appendix of the code with a footnote as shown in the following example: Consultant* *Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation. The (executive director or executive officer) may determine in writing that a particular consultant, although;a "designated position, "is hired to perform a -range off -duties #hat-is-lirnited-an scope and thus is not required to comply fully with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The (executive director's or executive officer's) determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code. . 01 This fact sheet highlights provisions of the Act concerning consultants. You should not rely on the fact sheet alone to ensure compliance with the Act. If you have any questions, consult the Act and regulations or contact the Fair Political Practices Commission at (916) 322-5660. 3 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: August 15, 2000 T0: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Conflict of Interest Code for City Personnel ISSUE STATEMENT: All state and local government agencies are required to adopt conflict of interest codes designating certain positions making or participating in the making of decisions which may, affect financial interests. Ina written opinion issued by the Fair Political Practices. Commission on March 27, 2000, the Commission opined that the Board of Directors of the Diamond Bar Community Foundation is subject to the provisions of the Political Reform Act and, therefore, the City must amend its Conflict of Interest Code to include Foundation Directors. RECOMMENDATION: Open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89-97P Amending the City's Conflict of Interest Code for Designated Personnel to: add the positions of Assistant Engineer and Associate Civil Engineer and remove the positions of Associate Engineer, Deputy Director of Public Works, Senior Accountant and Treasurer. FINANCIAL SUMMARY: No financial impact BACKGROUND: The City established its Conflict'of Interest Code through adoption of Resolution No. 89-97 on October 3,1989. Six positions were designated at that time to be repaired to file statements with the City Clerk disclosing interests in real property and or income and investments from businesses which provide or sell services or supplies of the type associated with the job assignmentand' utilized by the ;City." Since that time, various amendments have been adopted by the City Council for the purpose of establishing further positions or adding Commissions also required to file disclosure statements. DISCUSSION: Adoption of Resolution No. 8M7P would add the positions of Assistant Engineer and Associate Civil Engineer and remove the positions of Associate Engineer, Deputy Director of Public works, Senior Accountant and Treasurer. PREPARED BY: Lynda Burgess, City Cleric CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.. TO: Honorable Mayor and Members of the City Council MEETING DATE: August 15, 2000 REPORT DATE: August 9, 2000 FROM: Terrence L. Belanger, City Manager TITLE. Local Law Enforcement Block Grant —LLEBG Funding for Fiscal Year 1999-2000 SUMMARY: The Omnibus Fiscal Year 1999 Appropriations Act, Public Law 105-277, provides funds for the Implementation of the LLEBG Program. The purpose of the LLEBG Program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety. The public hearing is for LLEBG funds for fiscal year 1999-00. For fiscal year 1999-00, the City of Diamond Bar will receive $65,026 and is obligated to match $7,225. As requested by Captain Alexander R. Yim of the Walnut/Diamond Bar Sheriff's Station, the LLEBG funds will be utilized for the Diamond Bar Special Problems Unit/High Impact Team Deputy, An advisory board has reviewed theproposed use of funds and concurs with the recommendation of Captain Yime Prior to the obligation of funds, a public hearing is required; RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar open public hearing, receive testimony, and approve the recommended use of funds as requested by the Walnut/Diamond Bar Sheriff's Station. LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's office) - Ordinance(s) ® Other: Funding request Agreement(s) Advisory Board review acknowledgements EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST - 1 Has the resolution, ordinance or agreement been reviewed Yes No by the City Attorney? 2. Does the report require a majority vote? Yes ® No 3. Has environmental impact been assessed? Yes ` No 4. Has the report been reviewedby a Commission? Yes No Which Commission? 5. Are other departments affected by the report? _ Yes No Report discussed with the following affected departments: REVIEWED BY: DEPARTMENT HEAD: Terrence L. BWnger David A. - oyle Teresa Arevalo City Manager Deputy City Manager Senior Administrative Assistant I, AGENDA NO. CITY COUNCIL REPORT TO: Honorable Mayor and Members of the City Council FROM; Terrence L. Belanger, City Manager SUBJECT: Local Law Enforcement Block Grant -LLEBG, Funding for Fiscal Year 1999-2000 ISSUE STATEMENT Should the City Council approve the recommended use of LLEBG funds for fiscal year 1999-00 as requested by the Walnut/Sheriffs Station? RECOMMENDATION The LLEBG Advisory Board unanimously recoomends that the City Council of the City of Diamond Bar open public hearing, receive testimony, and approve the recommended use of funds as requested by the Walnut/Diamond Bar Sheriff's Station, FINANCIAL SUMMARY For FY 1999-00, the City of Diamond Bar will receive $65,026 and is obligated to match the grant in the amount of $7225, BACKGROUND/DISCUSSION Omnibus: FiscalYear 1999 Appropriations Act, Public Law 105-277, provides funds for the implementation of the LLEBG Program. The purpose of the LLEBG Program is to; provide units of local government with funds to underwrite projects to reduce crime and improve public safety, On July 26, 2000, the City of Diamond Bar received correspondence from Captain' Alexander R. Yim of the Walnut/Diamond Bar Sheriff's Station. In his correspondences Captain Yim provides the recommended use of LLEBG funds. It is requested that the LLEBG funds be utilized for the Diamond Bar Special Problems UnitJHigh Impact Team Deputy. The Diamond Bar Special Problems Unit/High Impact Team Deputy will be responsible for a variety of law enforcement functions including lecturing at local schools regarding gangs and narcotics, performing vehicle check points and surveillance, and conducting search warrants. For fiscal year 1999-00 the City of Diamond Bar will receive $65,026 and is obligated to match $7,225° LLEBG recipients are required to establish or designate an Advisory Board that includes` representatives of groups with a recognized interest in criminal justice and crime/substance abuse prevention and treatment. The intent of the Advisory Board is to form a team effort towards solving a community problem; The Advisory Board reviews the application for funding under the LLEBG Program and is authorized to make non-binding recommendations to the local unit of government for the use of funds received under the program. City Council Report — LLEBG Page 2 The communication to the Advisory Board was via memorandum circulated for input and concurrence in lieu of formal meetings. This met the LLEBG Program requirements. The Advisory Board for the City of Diamond Bar is comprised of the following individuals: Local Law Enforcement Agency: Sergeant Bill Flannery, Walnut/Diamond Bar Station Local prosecutor's office: Carol Nagera, Assistant Head District Attorney Local court system: Deputy Gretchen Riebennacht, Court Liaison Local public school system: Pam. Lopez, Administrative Director, Pomona Unified School Dist. Local nonprofit educational group: Mike Arm jo, Walnut Sheriff's Booster Club President Prior to the obligation of funds, a public hearing is required. The Sheriff's Department will be present to discuss their request. Prepared by. Teresa Arevalo 6 Senior Administrative Assistant i f NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City of Diamond Bar that a public hearing will be held by the City Council on Tuesday, August 15, 2000, at 7:00 p.m., or as soon thereafter as the matter can be heard, in the AQMD Auditorium,, 21865 E. Copley Drive, Diamond Bar, California, pursuant to California Government Code Section 87311, for the purpose of reviewing the Local Law Enforcement Block Grant (LLEBG). The Omnibus Fiscal Year 1999 Appropriations Act, Public Law 105-277, provides funds for the implementation of the LLEBG Programs .The purpose of the LLEBG Program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety. ALL INTERESTED PERSONS are invited to attend the hearing and express opinions on the matter outlined above., FURTHER INFORMATION may be obtained by calling the City Clerk's Office (909) 860-24890 DATED: August 1, 2000 LYNDA BURGESS, City Clerk - City of Diamond Bar PUBLISH: August 4, 2000 COUNTY OF LOS ANGELES SHERIFF'S DEPARTMENT OFFICE CORRESPONDENCE DATE: JULY 26, 2000 _FROM: ALEXANDER R. YIM, CAPTA TO: TERRY BELANGER, CITY MANAGER WALNUTfDIAMOND BAR STATION CITY OF DIAMOND BAR SUBJECT: RECOMMENDED USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) It is our recommendation that this years LLEBG funds be utilized to continue funding the Diamond Bar Special Problem Unit/High Impact Team deputy position. This deputy position is responsible for a variety of functions, all directly related to local law enforcement. Over the past year, the Special Problems Unit Deputy has performed a variety of functions. He has given lectures at schools regarding gangs: and narcotics and participated in several vehicle check points. When teamed with the other assigned special problems deputy, they have conducted surveillance of habitual criminals, written and served search warrants and made :numerous arrests. This unit is,pro active as well as reactive to unfolding crime trends. They have responded to complaints of marijuana use in some areas, conducted traffic surveys in residential areas, and assisted the District Attorney's office in coordinating victim responses to court subpoenas. This deputy position assists schools, the District Attorney, City Government, and all aspects of Law Enforcement. Presently, the city of Diamond Bar Special Problems Unit is formulating a plan to survey neighborhoods to solicit citizen input on the most prominent quality of life issues. The High Impact Team will then compilethe responses and handle the problems. This would be a "Quality of Life" project comparable to the widely accepted and successful Community Oriented Policing Program currently being initiated throughout Los 'Angeles "County by the Sheriff's Department. .WPF CITY OF DIAMOND BAR Agenda Report AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: August 15, 2000 g REPORT DATE.: August 10, 2000 FROM Terrence L. Belanger, City Manager TITLE_: Award of Contract to USA Waste of California, Inc. d/b/a Waste Management of San Gabriel/Pomona Valley, for Refuse Collection, Transportation, Disposal, and Recycling for the Residential Sector SUMMARY: This staff report addresses the Agreement recently negotiated with USA Waste of California, Inc. d/b/a Waste Management of San Gabriel/Pomona Valley ("Contractor") for exclusive collection of refuse from the residential sector. This Agreement covers all barrel served accounts, and any temporary roll -off box and bin service, associated with that sector: The Agreement was negotiated based on direction given by the City Council at its meetings of June 6 and August 1, 2000. Council requested that staff negotiate with the Contractor to corse to a 10 -year agreement on provision of services for the residential sector. RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a ten-year Agreement (8/15/00 through 8/15/10) with USA Waste of California, Inc. d/b/a Waste Management of San Gabriel/Pomona Valley, to provide exclusive refuse collection, transportation, disposal and recycling services for the residential sector, within the City of Diamond Bar. LIST OF ATTACHMENTS` X Staff Re' P _Public Hearing Notification: Resolution Bid Specification _ Ordinance X Other (Agreement) EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: 1.. Has the Resolution, ordinance,or agreement been reviewed? X Yes No 2_ Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? N/A Yes No Which Commission? —' 5:' Are other departments affectedby the report? N/A —Yes No Report discussed with the following affected departments: REV W D �_i' 51-;0 Terrence L Belang, es DeStef no avi G. Liu City Manager Deputy City :M eager Director of Public Works i CITY OF DIAMOND BAR Staff Report AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: August 15, 2000 REPORT DATE: August 10, 2400 FROM: Terrence L Belanger, City Manager TITLE: Award of Contract to USA Waste of California,nc. d/bla/ Waste' Management of San Gabriel/Pomona Valley for Refuse Collection Transportation, Disposal, and. Recycling for the Residential Sector Background This staff report addresses the Agreement recently negotiated with USA Waste of Califomia, Inc, d/b/a Waste Management of San, Gabriel/Pomona Valley, ("Contractor") for exclusive collection of refuse from the residential sector. This Agreement coversall barrel -served accounts, and any temporary roll. -.off box and bin service, associated with that sector. The Agreement was negotiated based on direction given by the City Council at its meetings of June band August 1, 2000. Council requested that staff negotiate with the Contractor to come to a 10 -year agreement on provision of services for the residential sector. Discussion Through a process of negotiation meetings held with the representatives of the Contractor, the City has drafted an Agreement meeting the needs of the City and delineating the responsibilities of the Contractor. This Agreement is attached, and it has been reviewed for content by the Contractor, the City Attorney, the Integrated Environmental Services Coordinator, and the City Staff. The Agreement is modified from that presented to the Council and to the RFP proposers earlier in the year. Among; the key changes i's'the deletion of references to bin and roll -off box commerciallindustrial accounts and any programs related to that sector, additions are also made in the way of specific exhibits such as rates, rate adjustment methodology, and implementation schedule. The complete contract document includes: • Agreement • Contractor's proposal, dated April 10, 2000 City's RFP • Other information submitted by the Contractor Among the items of particular importance is the, program implementation schedule (see Attachment "A"). The Contractor submitted a; draft implementation schedule that would inform all residential customers of the impending change in collection arrangements, the requirements for meeting diversion goals, and the standards of the City embodied in the City Code for implementing source reduction and recycling programming. At present, the Contractor is planning to mail an introductory flyer and selection post card[ in August alerting'residents to the pending changes (see Sample "A".) Following, the Contractor will station sample containers to be. used at key strategic locations in the City including but not limited to the Heritage Park Staff Report to Council —Residential Sector Agreement August 10, 2000 Page 2 of 2 Community Center, the AQMD, Peterson Park, and the County Library. In addition, there may be other locations, such as at Supermarkets,: to display the containers for residents to view. In October, the Contractor will mail out the final program brochure (see Sample "B".) This brochure will contain critical information about -the residential program. It, is anticipated that the second week of November, the automated refuse, green waste and recycling containers will be delivered to each residence. At that time, the old recycling crates will be picked up for reuse by the Contractor. It is expected that most residents will request a standard 64 -gallon container; however, all residents will have the option of exchanging their container for either a larger or a smaller container within the first 60 days, at no cost. Financial Summary By approving the Agreement, the City is entering into a 10 -year Agreement with the Contractor for the specified services in the residential sector. As part of this Agreement, the Contractor will remit regular AB 939 fees (Integrated Waste Management Fund or IWMF), and a Contract Administration ProcessingFee. The AB 939 fee is currently set at thirty-five cents ($0.35) per residence per month. In the RFP, the City has requiredthat upon execution of an Agreement, the Contractor will be required to remit a one-time administrative fee of $50,000 to reimburse City for staff time and out of pocket expenses in developing and awarding the Contract. Staff has proposed that this fee be based on the amount of residential waste generated in the residential sector divided by the total waste (residential and non-residential) 'disposed for the entire City as established by the hauler's reports. In agreeing to supply barrel -served residential; units, the Contractor is eligible to offer temporary bin and roll -off box service associated with that sector. Such service will be offered at rates consistent with Valley Vista Services, Inc., the non-residential sector exclusive contractor. Recommendation That the City Council approve and authorize the Mayor to execute a ten-year, Agreement (8/1`5/00 through 8/15/10) with USA Waste of Califomia, Inc. d/b/a Waste Management of San Gabriel/Pomona Valley, to provide exclusive refuse collection, transportation, disposal and recycling services for the residential sector, within the City of Diamond Bar. Prepared by. David G. Uu, Director of Public Works✓J. 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N L w y a yi�, Cul 9 Q. �_�-�� — . —� �' � �. � � _ I r�'Y.crt<�rn .� I .� �� � � �— ...----- ., ��s�'��'rg,� .-- AGREEMENT FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES FOR THE RESIDENTIAL SECTOR This AGREEMENT FOR INTEGRATED WASTEMANAGEMENT SERVICES ("Agreement") is entered into this day of August, 2000, by and between the CITY OF DIAMOND BAR ("City'), a municipality, and USA WASTE OF CALIFORNIA, INC., d/b/a WASTE MANAGEMENT OF SAN GABRIEL/FOMONA ` VALLEY Montractor" ), a private corporation, for the collection, transportation, recycling, composting and disposal of residential solid waste, including green waste and recyclable solid waste. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, (the "Act" or ""AB 939") established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste management practices; and WHEREAS, the Public Resources Code, including § 40059, provides that aspects of solid waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive; partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed, by the governing body of the local agency; and WHEREAS, the City is obligated to protect the public health and safety of the residents and businesses of the City of Diamond Bar and collection of residential solid' wastes should be made in a manner consistent with the exercise of the City's obligations for the protection of public health and safety; and WHEREAS, the City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of solid waste, including AB 939, the Resource Conservation and Recovery IAct ("RCRA"), 42 U.S. C. §§ 6901 et seMC . and the Comprehensive Environmental Response, Compensation and Liability, Act ("CERCLA"), 42 U.S.C. §§ 9601 et seq.; and WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Contractor, an independent entity, and not City, which will collect from residential premises in the City of Diamond Bar, transport and dispose of solid wastes (which may contain small amounts of consumer products with the characteristics of hazardous substances); collect, transport, and recycle and/or compost green waste and recyclable- solid wastes collected from residential premises in the City of Diamond Bar; ,and Date of Printing: August 10, 2000 Diamond Bar integrated Waste Management Services -Agreement WHEREAS, there are no places within the City of Diamond Bar where landfills are located, or which; are suitable for the siting of a landfill, and ,therefore residential and non- residential solid waste must be exported from the City;. and WHEREAS, the Contractor, and not the City, will select the transfer station, landfill or transformation facility destination of the unrecoverable residentialsolid waste that Contractor will collect and City has not, and by this Agreement does not instruct Contractor on its collection methods, nor supervise the collection of waste. WHEREAS, Contractor represents and warrants to City that it has the experience, responsibility and qualifications to conduct recycling programs, to provide City with information sufficient to meet the City's reporting requirements under AB 939, to meet the City's requirements as set forth in City's Source Reduction and Recycling Element, which, by this reference,: is incorporated into and made a part of this Agreement, to assist the City in meeting City's other requirements under, AB 939, to collect, transport and dispose of solid waste in a safe manner which will minimize the adverse effects of collection vehicles on air quality and traffic and has the ability to indemnify the City against liability under CERCLA and WHEREAS, the City Council of the City. of Diamond Bar determines and finds pursuant to California. Public Resources Code Section 40059(a)(1), that the public health, safety and well- being including the minimization of adverse impacts on air quality . and' traffic from excessive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Element, and the protection of the City against CERCLA liability, require that Contractor be awarded a contract for collection, recycling and disposal of solid waste from residential premises in the City of Diamond Bar. NOW, ��EREFORE, THE PARTIES AGREE AS FOLLOWS.- SECTION OLLOWS:SECTION 1. GRANT OF RIGHT AND PRIVILEGE TO COLLECT RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIALS. A. Binding Agreement. In consideration of the mutual promises contained herein, City and Contractor agree to be bound by and comply with all of the requirements of this Agreement. B. Grant of Rights; Exclusions. This Agreement grants to Contractor for the period specified in SECTION 3 of this Agreement during `which collection services are to be provided, the right and privilege to collect, transport, process, recycle, compost, retain and dispose of all residential solid waste, as defined in this Agreement, produced, generated and/or accumulated within the City, except as otherwise provided below. Service to all residential premises, including multi -family residences (110 -Rs), in the City utilizing barrel, can, and cart service is covered by this Agreement. The collection and disposal of construction and demolition waste and/or debris from barrel -served 'residential premises, ;using ;temporary ("INSTA") bins and roll off boxes, is within the scope of this Agreement. As provided below, specialized single source -separated "niche recycling services, e;g., collection of used hot water heaters, specialized routes for organic wastes, etc., are excluded by City from the rights awarded by this Agreement. -2- Date of'Prinring: August 10, 2000 r - Diamond Bar Integrated Waste Management Services Agreement C. Gardeners and. Iandscapers. This Agreement shall not prohibit gardeners and landscapers from collecting and composting or transporting green waste, as long as they transport such green waste to a Compost Facility or other site permitted for use of green waste as alternative daily cover (or exempt from permitting) by the California Integrated Waste Management Board in accordance with all governing laws and regulations. D. Sale or Gift of Recyclable Materials, This Agreement shall not be construed to prohibit any person from selling recyclable materials or giving recyclable materials away to persons or entities other than Contractor. E. Annexation. Territory that is annexed into the City boundaries shall be added to the area covered by this Agreement. F. Other Services; Niche Recycling Services. City reserves the right to enter into agreements with other entities for other solid waste and recycling services not provided for in this Agreement, including, but not limited to street sweeping (and disposal incident to the conduct of street sweeping operations), disposal of green waste produced by City's landscape maintenance operations, contract services and "niche" recycling services which Contractor fails to provide and the conduct of Household Hazardous Waste pickups and roundups. In the event another solid waste enterprise proposes to provide niche recycling services, e.g., collection of water heaters, the recyclable materials must be segregated from and not mixed with solid waste (less than or equal to 10% residue). G. Flow Control. City reserves whatever, if any, right it might receive from Congress to exercise "flow control" i.e., the right to select disposal facilities and materials recovery facilities to which the solid waste to be collected pursuant to this Agreement is i to be taken. In the event City directs Contractor to transport solid waste to a particular' disposal of other facility, City and Contractor agree; to use their best efforts to obtain indemnification against CERCLA and related claims from the operator of the landfill, or other destination to which solid waste collected pursuant to this Agreement is taken for disposal. In the event City requires Contractor to utilize a landfill or other disposal facility not owned or operated by Contractor or an affiliate of Contractor, Contractor Shall be relieved of its liability with respect to the matters addressed in SECTION 17.B of this Agreement with respect to the solid waste delivered to a disposal facility designated by City. In the event that City selects a transfer or disposal facility, Contractor shall be entitled to a rate adjustment to offset for ; any substantiated increase in expenses resulting from the City's exercise of flow control. i, SECTION 2.. CONTRACTOR'S REPRESENTATION AND WARRANTY REGARDING DISPOSAL FACII.I M. Contractor represents and warrants to City that Contractor will dispose of all residential solid waste (except for recyclable solid waste and green waste) collected pursuant to this Agreement at a "Contractor Facility" or an '"Approved Alternative Facility" as those terms are defined in this Agreement: SECTION 3. TERM. _3 Date of Printing: August 10,'2000 Diamond -Bar Integrated Waste Management Services Agreement A Collection services under this Agreement shall be provided commencing on the day of August 2000 and ending at midnight on the fifteenth day of August, 2010. B. This Agreement requires ` Contractor to provide services (e.g., customer information) prior to the start of collection. Additionally, the Contractor must provide other services (e.g., access to landfill destination information, insurance, CERCLA and other indem- nification and an insurance policy repository) that survive the expiration of this Agreement. SECTION 4: DEFINITIONS. Whenever any term used in this Agreement has been defined by the Diamond Bar City Code, Division 30, Part 1 Chapter 2 of the California. Public Resources Code or the California Health and Safety Code, the definitions in the City Code, Public Resources Code or Health and Safety Code shall apply unless the term is otherwise defined in this Agreement. A. "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40,000 et seg.;, as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board, or its successor, B. "AB 939 Fee' means the AB 939 fee or assessment imposed by the City on Contractor because of its status as party to this Agreement and which, inter alfa, is intended to offset the City's expenses in administering this Agreement and Integrated Waste Management Program and to compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from Contractor's exercise of its Contract Rights, the expenses of administering the program for the solid waste stream, reporting requirements under the Act and other related expenses. C. "Complaint" means.a grievance, criticism, or objection in the form of a written letter or telephone call either to the City or to the Contractor regarding Contractor's performance of its duties under the terms of this Agreement. ` Typical "complaints" concern missed pick-ups, property damage caused by the Contractor, tardy service, unresponsiveness to requests, billing problems, and similar issues. "Complaints" exclude normal or standard service requests (e.g. exchanging a barrel, can, or cart), and criticisms directed at the City's solid waste ordinance and its provisions. D. "Construction and Demolition Waste" means discarded building materials, recyclable construction and demolition materials, wood,' packaging, plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations. ,,Construction and Demolition Waste" from regularly served barrel, can, and cart accounts using temporary bins and roll off boxes is within the scope of :this Agreement. E. "Contract Rights" means the rights and privileges granted to Contractor by this Agreement. _4_ Date of Printing: _ august 10, 2000 Diamond Bar Integrated Waste Management Services Agreement F. "Green Waste" or ' "Yard Waste" means leaves, grass clippings, -brush and branches generated from landscapes or , gardens at any premises, and incidental pieces of scrap lumber no longer than twenty-four inches (24"), separated from other solid. waste. "Green waste includes holiday trees but, does not include stumps or branches' exceeding four inches (4") in diameter or four feet (4') in length. G. "Green Waste Containers" means containers provided by service provider for the temporary accumulation of green waste. H. "Materials Recovery Facility" means 1) A facility licensed or permitted in accordance with AB 939 which separates secondary materials, such as mixed glass and metal containers and processes them for sale to end users; 2) A firm that purchases and markets source -separated solid wastes and recyclable materials. I. "Multi -Family Barrels, Cans, or Carts" means containers intended to be utilized for the temporary accumulation and collection of residential solid waste from multi family residences that reflect service indicative of a single-family dwelling unit. J. "Multi -Family Residences" means residential units such as apartments, condominiums and town homes, other than single-family residences (SFRs), which utilize multi family bins or barrels, cans, or carts, as defined in this Agreement, for the temporary accumulation and collection of residential solid waste. Multi -family residences (MFRS) and those SFRs that use bins are not covered by this Agreement. Hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places are likewise not covered by this Agreement, and are not defined as MFRs. K. "Recyclable Materials " means recyclable items that have been source -separated before having been. discarded into the residential solid waste : stream. "Recyclable Materials" is a part of the residential solid waste stream which can be reusedor processed into a form suitable for reuse through reprocessing; or remanufacture, consistent with the requirements of AB 939. As of the date of execution of this Agreement, recyclable materials includes the following items in addition to any that the Contractor may add from time to time with the written permission of the City Manager: 1 Aluminum cans; 2. Glass jars and bottles; 3 Steel, bi-metal and tin cans; . 4. Plastic soda pop bottles and other Type #1 containers (PET—polyethylene terephthaleate); 5. Plastic milk and water jugs and other Type #2 containers(HDPE—high density polyethylene); 6. Type #3 plastic containers (V polyvinyl chloride); 7. Type #4 plastic containers (LDPE—low density polyethylene); 8. Type #5 plastic containers (PP— polypropylene); 9. Juice bones and milk cartons (aseptic packaging) 10 Newspapers; Date of Printing: August 10, 2000 1 Diemmd Bar IateMted wa0e Management Serviced Agreement 11. Mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books, envelopes, paper shopping bags and non-metallic ` wrapping paper); 12. Corrugated cardboard; 13. Chlorofluorocarbons (contained in bulky goods set out for collection to be collected under SECTION 6.G); 14. Used motor oil and oil filters; 15. Tires (if set out for collection as bulky goods to be collected under SECTION 6. G); ,and 16. Wood ('incidental scrap pieces if set out for collection with green waste). The foregoing list may be modified in writing to add additional recyclables as "markets develop. Contractor shall collect all of the foregoing, and process and market such of the foregoing items as Contractor determines are feasible to market for recycling. L. "Recycled" means, the act of having, processed recyclable solid waste into a form suitable for reuse and having marketed those. processed materials for a use consistent with the requirements of AB 939. The act of marketing does not require that revenue is generated from the. processed materials, M. "Recycling Container" means any container for the temporary ,accumulation and collection of source -separated recyclable solid wastes delivered by Contractor, at Contractor's sole expense, to any premises covered by this Agreement or previously provided by City or any other entity. Title to recycling containers provided by Contractor shall be and -remain in Contractor. N. "Residential Solid Waste" means all types of solid waste found to have been placed in the residential solid waste stream, including green waste and recyclable solid wastes placed for collection by service recipients, which originates from SERs and MFRs located within the City that utilize barrels, cans, or carts, and which is are to be collected pursuant to this Agreement. "Residential Solid Waste" does not include MFR and SFR inns nor non-residential solid waste generated or accumulated at hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places or institutions. O. "Scavenging" means the unauthorized removal of recyclable solid waste. Scavenging is prohibited by Public Resources Code § 41950. P. "Single -Family Residences" means all detached or attached residential units, of three units or less, including homes, condominiums, and town homes, that utilize barrels, cans, or carts for the temporary storage and collection of refuse, green waste, and recyclables. It is noted that a few SFRs in the City use bins, but these units are excluded from this Agreement. SECTION 5. COMPLIANCE WITH LAWS AND REGULATIONS. Contractor warrants that it will comply with all applicable laws and implementing regula- tions of the federal and state :government, as they, from time to time, may be amended, specifically including, but not limited to, RCRA, CERCI.A, and AB 939; and, with all applicable ordinances Date of Printmgc August 10, 2000 Diamond Sar Integrated Waste Management Services Agreement' of the City including the existing solid waste ordinance and any amendments. SECTION 6. TYPES AND FREQUENCY OF SERVICE. A. Solid Waste Services - General. In order to protect the public health and safety, Contractor shall provide for the collection of all solid waste generated or accumulated within the City from residential premises covered by this Agreement not less often than once per week. Contractor shall collect residentialsolid waste from the rear yard or other location convenient to the resident for physically challenged residents with State of California. handicapped placards at no additional charge to the resident or to City. Contractor shall provide route' maps and schedules to City, and consider City's suggestions, as City's Air Quality Traffic Demand Management Plan may be affected by routes and scheduling. In addition, Contractor shall enact routing that is consistent with any plan by the City for street sweeping. Contractor shall deliver automated refuse container(s) in accordance with the City's solid waste ordinance. - B. Recycling Services. 1. Recyclable Materials Collection. Contractor, at Contractor's sole expense, shall deliver recycling containers, to be used exclusively for accumulation, separation and collection of recyclable materials to each residential .solid waste service recipient. Contractor shall collect, remove and, if a market exists, recycle, all recyclable materials as defined pursuant to. SECTION 4,; placed' in recycling containers.. Contractor agrees to use its best efforts to process recyclable materials through a Materials Recovery Facility in order to maximize' the diversion of residential solid waste from landfilling. Contractor, at the sole expense of, Contractor, shall replace residents` recycling containers which Contractor provide, and shall' deliver City. provided replacement recycling containers to replace containers reported to have been lost or stolen, or which have been damaged through no fault of the service recipient. 2. Community & Development Review Services. Contractor, upon City's . request, shall assist City's Community & Development Services Department in the review of applicants' plans for SFR and MFR projects that will utilize barrels, cans, or carts to provide for effective and economical accumulation and collection of recyclable materials and residential solid waste, including recyclable materials, 3 Purchase of Recyclable Materials. Contractor may offer services for the purchase of recyclable materials from its residential solid waste service recipients, but will not have any exclusive' rights to do so. 4 Scavenging - Discouraa�ement. Contractor will take whatever actions may be appropriate, lawful, and effective to discourage scavenging of recyclables materials solid waste from the residential solid waste stream. C. Green Waste Collection. Contractor shall collect and remove all green waste placed in green waste containers, put out for collection at a location acceptable to the service recipient and Contractor at least once per week. Contractor, at its sole expense, shall provide service. recipients with decals, tags or ; other means of distinguishing green waste containers. _7_ Date of Priming: August 10, 2000 I Diamond Bar Integrated Wade Management services Agreement Contractor, at its sole expense, must provide residential service recipients with containers suitable for automated collection of green waste. EXHIBIT "C" and SECTION 17.B. shall govern the CERCLA indemnification for green waste collected by Contractor, along with all other residential solid waste. D. hours of Collection; Holidays. Contractor agrees that, in order to protect the peace and quiet of residents, its collection of solid waste shall not start before 6:30a.m. or continue after 6:30 p.m. every day of the week. No collections are to occur on Sundays or the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Site and route -specific exceptions may be made to these limitations by the City Manager in the exercise of the Manager's sole discretion, if requested by Contractor. E. Holiday Tree Recycling. Contractor shall collect, transport and use its best efforts to recycle a11, Holiday Trees which are placed for collection during the period beginning on the first collection day after December 25th and ending at 5:00 p.m. on the second Saturday in January. Holiday Trees placed for collection must be cut into lengths no longer than six feet, be free of ornaments, garlands, tinsel and flocking, and stands must be removed. F. Telephone Wwectory Collection. As part of Contractor's recycling program, Contractor shall develop a cooperative program with distributors of telephone directories for the collection of outdated telephone directories from its residential service recipients. G. Bulky Goods Pick -Up. On an as -needed, on-call basis, the Contractor shall respond to up to four requests per year from residential units for collection of bulky goods on the regular collection day of each week at no extra charge. Each bulky goods collection will be limited to a maximum volume of about three cubic yards per unit. Collections in excess of three cubic yards or the four pick-ups allowed annually will be subject to a surcharge as identified in Exhibit A. This bulky goods service is for the use of residents, and does not extend to the collection of construction, renovation and demolition debris, ;or other similar materials put out for collection at multi -family units. Contractor shall not be required to remove automobile bodies, or any other items, which may not be safely handled by two persons. Contractor shall comply with all applicable regulations governing the recovery of ozone depleting refrigerants during the disposal of air conditioning or refrigeration equipment, including, but not limited to 401 CFR Part :82. Bulky goods collected by Contractor may not be landfilled or disposed of until the following hierarchy has been followed by Contractor : 1. Reuse as is (if energy efficient) 2 Disassemble for reuse or recycling 3. Recycle 4. Disposal. This hierarchy precludes the use of front- or rear -loading packer vehicles for bulky goods unless the compaction mechanism is not used to compact the bulky goods, or they have been designated for disposal. Date of Printing; Augmt 10, 2000 Diamond Bar Integrated Waste Management Services Agreement H. Customer Education Program. Contractor will develop and implement an Education Program ,for the City's Integrated Solid Waste program, :including goals, strategies and timetables at its sole expense. The Customer Education Program (CEP) will include information with respect to AB 939 diversion goals, bulky goods pick-ups, green waste diversion programs and the importance of the safe disposal of household hazardous waste. Contractor will provide and distribute information on City's Community Television and literature in the form of fliers, cards, stickers, or otherwise as Contractor determines to be most effective. Contractor may also utilize other promotional activities to achieve the goals of this Agreement, including participation in school assemblies and demonstrations, Chamber of Commerce and other local activities, parades and other civic events, as approved in writing by the Integrated Environmental Services Coordinator. The CEP must be submitted upon execution of this Agreement, and any change in the CEP must be approved in writing by the City Manager. SECTION 7. COLLECTION EQUIPMENT. Contractor warrants that it shall provide an adequate number of vehicles and equipment for the collection, disposal and transportation services for which it is responsible under this Agreement. The Contractor shall abide by AQMD Rule 1193 when phasing in new collection vehicles <after July 1, 2001. To protect peace and quiet in residential areas the noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single -event noise level of eighty -'six (86) decibels (dB)A at a distance of ` fifty (50) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Contractor shall submit to City, upon City's request, a certificate of vehicle noise level testing, by an independent testing entity, upon execution of this Agreement and for any collection vehicle I as to which City or Contractor has received more than one complaint regarding excessive noise in any twelve-month period. -Contractor warrants that it will comply with all measures and procedures' promulgated by all agencies with jurisdiction over the safe, sanitary operation of all its equipment Contractor agrees to use its best efforts to prevent damage to all streets over which its collection equipment may be operated and to obtain all required approvals for operation of its collection vehicles on all streets. Contractor agrees to maintain its refuse containers in .the City of Diamond Bar free of graffiti or "tagging " In addition, any emergency containers placed at i schools and at City Hall or other City Facilities must likewise be kept free of graffiti. or "tagging.,' Finally, Contractor shall mark all of its refuse containers in the City with conspicuous notices warning that the disposal of hazardous substances is prohibited. SECTION 8. PRIVACY. A. General. Contractor shall strictly observe and protect the rights of privacy of service recipients. Information identifying individual service recipients, or the composition or contents of a service recipient's solid waste shall not be I revealed to any person, governmental unit, private agency or company, unless required by law or upon rauthorization of the service recipient. Thin provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of solid waste characterization studies or waste stream analyses that may be required by AB 939. -9- Date of Prinft: August 10, 2000 j Diamond Bar Integrated Waste Management Services Agreement B. 1!'Iaift Lists. Contractor shall not market or distribute mailing lists with the names and addresses of service recipients. Ce Privacy Rights Cumulative. The rights accorded service recipients pursuant to this SECTION shall be in addition to any other privacy rights accorded service recipients pursuant to federal or state law. SECTION 9 SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS. A. Refusal or Failure to Collect. When solid waste is not collected from any solid waste service recipient, Contractor shall notify its service recipient in writing, at the time collection is not made, through the use of a "tag" or otherwise;, of the reasons why the collection was not made, B. Hazardous Waste Inspection and Reporting. Contractor reserves the right and has the duty under law to inspect solid waste put out for collection and to reject solid waste observed to be contaminated with household hazardous waste (HHW) and the right not to collect HHW put out with solid waste. Contractor shallnotify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of HHW, found or observed in solid waste anywhere within the City. In addition to other required notifications, if, Contractor observes any .substances which it or its employees reasonably believe or suspect to contain HRW unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor will immediately notify the City Manager or the City Manager's designee. C. Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of HHW found in solid waste, which was inadvertently collected from service recipients within the City,but diverted from landfilling. SECTION 10. CUSTOMER SERVICE. A. Office Hours. Contractor has represented to City that Contractor will maintain an office with assigned personnel accessible by a local phone number. Contractor's office hours' are to be from 7:00 a. m. to 6.00 p. m. on regular collection days. At Contractor's expense, its regular and emergency telephone numbers shall be listed in Diamond Bar -area telephone directories under both Contractor's name and, the City's name. Contractor shall have the capability of responding to service recipients in English, Spanish, Chinese dialects and other languages necessary for communication between Contractor and its service recipients. in addition, Contractor's personnel shall be thoroughly trained and versed in the specifics of the City's solid waste ordinance and Agreement provisions and amendments. B. Emergency Telephone Number. Contractor will maintain an emergency telephone number for use by City personnel only outside office hours identified in SECTION 10.A. above. Contractor shall have a representative, or an answering or call. -forwarding service to contact such representative, available at the emergency telephone number during all hours other than office -T0- Date of Frinting. August 10. 2000 Diamond Bat Integrated Weste Management Services Agreement hours, C. Service Complaints. City and Contractor agree that the protection of public health, safety and well-being require that service complaints be acted on promptly and that a record be maintained in order to permit City and Contractor to identify potential public health and safety problems. Accordingly, all service recipients' complaints shall be directed to Contractor. During office hours, Contractor shall maintain a complaint service and a telephone answering system. Contractor shall record all complaints, including date, time, complainant's name and address if the complainant is willing to give this information, and date and manner of resolution of complaint. Contractor shall maintain this information in a computerized daily Service Complaint Log. In the case of a complaint for a missed collection received on a collection day, Contractor shall make the collection not later than 5 p.m. if it has been notified by noon, or on the first collection day after the complaint is received, if the compliant was not received until after noon. Any such calls received via Contractor's answering service shall be recorded in the Service Complaint Log :the following working day. This Service Complaint Log shall be available for review by City repre- sentatives during Contractor's office hours and be accessible to the City during business hours via modern. Contractor shall provide a copy of this Service Complaint Log on computer disc, in a format compatible with City's computer system, to the City with the monthly report. D. Customer Service Standards. Customer care is among the most 'important aspects of the services to be required of the Contractor. Contractor. shall perforin customer service at a level that can be measured by the following two standards: 1. The number of complaints in any one month period totaling no more than one percent (1 %) of the number of residential customers served. In Diamond Ear, there are an estimated 15,272 SFRs, meaning that in any given month, there must not be more than 152 complaints. Any complaint level in excess of this measurewill be considered a separate violation of the Agreement. 2. Sufficient telephone line capacity during normal office hours to assure that a minimum of 90% of all calls will be answered before the fourth (4'h) ring, and callers will not be required to wait more than an average of 30 seconds before being connected to any customer service representative or an automated information service. This standard must be measured quarterly, and the Contractor shall not exceed this standard or it will be considered a separate violation of the Agreement. In any 12 -month period, if the Contractor accumulates four or more separate customer service violations, it shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement or otherwise, provided, that the City must follow the procedures for dispute resolution found in SECTION 20 of this Agreement before declaring any such material breach. 11_ Date of Printing: August 10. 3000 Diamond Bar Integrated Waste Management Services Agreement SECTION 11. OWNERSHIP OF SOLID WASTE. Subject to Contractor's duties under SECTION 9 of this Agreement, ownership and the right to possession of solid waste, including green waste and recyclable materials, shall transfer directly from the service recipient to Contractor upon collection by Contractor. At no time shall the City obtain any right of ownership or possession of residential solid waste or hazardous waste placed for collection and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. SECTION 12. MARKETING OF RECYCLABLE SOLID WASTE. Contractor agrees to market all marketable recyclable materials collected pursuant to this Agreement. Contractor is entitled- to all revenues received by Contractor from the marketing of recyclable materials. SECTION 13. RATES AND BILLING. A Rates. The rates for all solid waste collection, transportation, processing, recycling and disposal services (including temporary bins and roll, off boxes, and containers for green waste and recyclable materials) are set forth in EXHIBIT "A" to this Agreement. B. Adjustment of Rates. Rates for all solid waste (including 'green waste and recyclable materials) services shall be adjusted as set forth in EXHIBIT "A" to this Agreement. C. Resolution of Disputes Regarding Rate Adjustments. Any dispute regarding the computation of a rate adjustment shalfl be decided by the City Manager, or referred by the City Manager to the City Council as provided in SECTION 20. A rate adjustment computation decision by the City Manager or the City Council may be appealed by Contractor in accordance with the procedures provided in SECTIONS 20 and 21. The rates in effect at the time a rate adjustment dispute is submitted to the City Council shall remain in effect pending resolution of that dispute. The effective date of a rate determined through the dispute resolution procedures provided in SECTIONS 20 and 21, shall be the next immediate billing cycle of the Contractor after the date of dispute resolution, D. Billing and Payment. Contractor shall bill all solid waste service recipients for solid waste services as indicated on EXMIT "A" and any other fees or charges, as determined by Contractor. Billings may be made monthly, bimonthly or quarterly, as Contractor shall decide, for all service recipients. E. AB 939 Fee; Payment. Contractor shall pay City an AB 939 Fee for each month during which' Contractor provides collection services,pursuant to this Agreement. The AB 939 fee shall be set by City Council Resolution but shall be no less than thirty-five cents ($0.35) per household served (i.e., for SFR and barrel -served MFR units). The Fee shall be paid by Contractor to City not later than 12:00 noon on or before the 31st calendar day after the end of each calendar month during which collection services were provided by Contractor. Accompanying each monthly payment shalt be an accounting of the gross receipts for the corresponding month, _12 - Date of Printing:, August 10, 2000 Diamond Bar Integrated Waste Management services Agreement and number of units/ accounts served/paid. Failure of Contractor to make any payment within the appropriate time period shall result in interest accruing thereon at the maximum rate permitted underCalifornia law, in addition to all other remedies of City pursuant to this Agreement. In addition, rates for any temporary bins or roll off boxes as allowed within this Agreement shall reflect City fees as stipulated by Council resolution, but shall not be more than that currently levied by the non-residential service provider, which is $6 per bin per month and $40 per roll off box per month. SECTION 14. CONTRACTOR'& BOOKS AND RECORDS; AUDITS. A. In addition to the record retention requirements of SECTIONS 16.H and 17.P, below, Contractor shall maintain, in electronic form as a minimum, all records relating to the services provided hereunder, including, but not limited to, route maps, customer lists, billing records, weight tickets, maps, AB 939 records, and customer complaints, for the period during Which collection services are provided pursuant to this Agreement, and an additional period of not less than three (3) years after expiration or termination of this Agreement, or any longer period required by law. In addition, .summaries of weight tickets identifying disposition' of waste collected in the City shallbe kept for a period of 30 years. The City shall have the right, upon reasonable advance notice, to inspect, audit and copy all of Contractor's records relating to Contractor's provision of services pursuant to this Agreement, including, but not limited to, route maps, customer lists, billing records, weight tickets, AB 939 records and service recipient complaints, Contractor's payment of fees to City and records which may; be relevant in the event of an action under CERCLA or related claims. In the absence of extraordinary circumstances, five (5) business days' notice shall be considered reasonable. Such records shall be made available to City at Contractor's regular place of business, but in no event outside the County of Los Angeles. The City shall maintain any confidential or proprietary records of Contractor in confidence and shall not disclose such records except as required by any, applicable public records disclosure law; Prior to destruction of `records relating to the services provided pursuant to this Agreement, Contractor shall provide copies or originals of such records to City. B. Should any examination or audit of Contractor's records reveal an overpayment or underpayment by Contractor, the amount of underpayment, plus interest compounded monthly at the maximum lawful rate, shall be paid by Contractor to City within thirty (30) days. The amount of any'; overpayment shall be paid by City to Contractor in the ordinary course of business. SECTION 15. AB 939 REPORTING REQUIRMENTS. Contractor shall cooperate with 'City in solid waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the City's source reduction, recycling and waste stream' diversion goals for the solid waste stream covered by this Agreement. During the period in which collection services are provided pursuant to this Agreement, Contractor at Contractor's sole expense, shall submit to City information and reports necessary for City; to meet its reporting obligations imposed by AB 939, and the regulations implementing AB 939, for the waste stream covered by this Agreement. Contractor agrees to submit such reports and information on computer discs, or by modem, in format compatible with City's computers, at no additional charge, if requested by City. -13- Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement SECTION 16. ACTIVITIES AND FINANCIAL REPORTS AND ADVERSE INFORMATION. A. Monthly and Quarterly Reports and Other Information. Contractor, at its sole expense, shalt submit to the City such other information` or reports in such forms and at such times as the City may reasonably request or require, including, but not limited to the following: 1. Monthly Reports. Monthly Reports will be submitted to City, transmitted in a format acceptable to City, by modern or disc, at City's option, if requested by City. The monthly report shall show the number of tons collected and the tonnage delivered to disposal facilities, itemized by disposal facility. A computer disc with a copy of the customer complaint log shall be submitted with the monthly report. Data must be maintained at Contractor's place of business identifying temporary service diversion tonnage, and be accessible to, the City during normal business hours. 2 Quarterly Reports. In addition to providing a quarterly summary of the monthly reports, Quarterly Reports shall include the following; a. Recyclable Solid Wastes (inclu(;Jing Green Wastes), (1) A statement showing, by type of material., tons received each month and tons marketed' during the month. (2) A report providing recycling information and the number of residential service recipients participating, (3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent scavenging. This is to include a description of tons rejected for sale after processing (type of material., tonnage), reason for rejection and Contractor's disposal method for the rejected materials. (4) A report of recycling program promotional activities, including materials distributed by Contractor to its service recipients. (5) A report of the amount and types of bulky items collected including disposition. b. Hazardous Waste Diversion Reports. -14- Date of Printing: August 10, 2000. Diamond Bar Integrated Waste Management Services Agreement A copy or summary of the records required by SECTION 9.C, above` B. Annual Report. By April 15th of 2001 and each year thereafter that collection services are provided pursuant to ,this Agreement, Contractor shall submit to City a written year-end Annual Report, for the preceding calendar year, in a form approved by the City. The Annual Report shall include information as to timely compliance with EXHIBYr ''B" gwLEMENTATION SCHEDULE) and the following information for the year. 1. General Information. General information about Contractor, including a list of Contractor's officers and members of its board of directors. A copy of Contractor's most recent annual and other periodic public financial reports and those of its parent corporation, affiliated corporations and other entities, if any,: performing services under this Agreement, as the City, following consultation with Contractor, may request, and as may be available. 2. Prior Year's Activities. A report of the previous calendar year's (or, in the case of the initial report, the initial months') activities in the City, including a cumulative summary of the Quarterly Reports, and information and statistics with respect to City's compliance with AB 939. 3. Recommendations. Changes in integratedwaste management, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City's Source Reduction and Recycling Element or this Agreement, based on developments in the law or technology. Contractor's recommendations with respect to compliance with AB 939 shall state the specific requirement of AB 939 that the implementation of the recommendation is intended to satisfy. C. Reporting Adverse Information. Contractor shall provide City two copies (one to the City Manager, one to the City Attorney) of all reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, Local Enforcement Agency, the Securities and Exchange Commission or any other federal, state' or local agency, including any federal or state court. Copies, shall be submitted to City simultaneously with Contractor's filing or submission of such matters with said agencies. Contractor's routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request. D. Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shalt be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement or otherwise, provided, that the City must follow the procedures for dispute resolution found in SECTION 20 of this Agreement before declaring any such material breach. E. City's Review, `of Contractor's Performance. Annually, within ninety days of -15- Date of Printing: August 10, 2000 Diamond Bar integrated waste Management Services Agreement a. Certification: Contractor will provide a certification statement, under penalty of perjury, by the responsible corporate official, that the report is true and correct. G. Submission of Reports. Reports shall be submitted to City Manager [or designated representative] City of Diamond Bar 21660 East Copley Drive, STE 104 Diamond Bar, California 91765 Facsimile Number: 909.861.3117 Contractor agrees that cooperation between Contractor and the City is critical to the success of this program. City reserves the right to request from Contractor additional information reasonably and directly pertaining to this Agreement on an "as -needed basis. H. CERCLA Defense Records. City and Contractor agree that the ability to defend against CERCLA and related litigation is of great importance, For this reason, City and Contractor regard the ability to provewhere solid waste, collected in the City was taken for disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems which, in the event of litigation, can establish where solid waste collected in the City was disposed (and therefore establish where it was not disposed) and will provide a copy of the reports required by SECTIONS 9.B, "Hazardous Waste Inspection and Reporting," 9.C, "Hazardous Waste Diversion Records" and 16A, "Monthly and Quarterly Reports," above, to the City Clerk. In addition, Contractor agrees to maintain electronic copies of the foregoing reports for thirty (30) years after the end of the period during which collection services are to be provided pursuant to this Agreement. Contractor agrees to notify City's Risk Manager and City Attorney before destroying mgContractor's copies of such records and Contractor shall. ractor shall provide copies or =originals of such records to City. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. SECTION 17. MEIYIlNI]FIGATION AND INSURANCE. A. Indemnification of City. Contractor, upon demand of the City, made by and through the City Attorney, shall protect, defend, indemnify and hold harmless City, its elected officials, officers, employees, volunteers and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or resulting in any way from Contractor's exercise of its Contract Rights, including the provision of services` under this Agreement, unless such claim is due to the sole negligence or willful acts of the City, its elected officials, officers, employees, agents or contractors. Contractor , upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, arising out of -17- Dame of Printing; August 10. 2000 Diamond Bar Integrated WasteManagement Services Agr-t oxfxesulting in any way from City's grant of this Agreement to and Contractor's performance of this Agreement, including, but not limited to disputes and litigation over the definitions of "solid waste" or. "recyclable material" or the limits of City's authority with respect to the grant of Licenses, or agreements, exclusive or otherwise, asserting rights under the Commerce Clause (including the Dormant Commerce Clause and federal or state legislation governing the process for the award of solid waste contracts) to provide solid waste services. This provision shall survive the expiration of the period during which collection services are to be provided under this' Agreement, for claims arising prior to the expiration of the period during which collection services are to be provided pursuant to this Agreement. B. Hazardous Substances Indemnification. With respect to solid waste collected by Contractor pursuant to this Agreement which has been disposed of at places owned or operated by Contractor, by the Contractor's. subcontractor, or by an entity under the same ownership and control of Contractor, Contractor shall deliver a Hazardous Substances Indemnification in the form, or the form in substance, as set forth in EXHIBIT "C" to this Agreement. Such facility shall be considered a „ Contractor Facility." With respect to solid waste collected by Contractor pursuant to this Agreement which has been disposed of at places not owned or operated by Contractor or by the Los Angeles County Sanitation District or by an entity ;under the same ownership and control of Contractor, Contractor shall cause the owner or operator of the alternate facility to deliver a hazardous substances indemnification in the form,, or the form in substance, as set forth in EXHIBIT "C" to this Agreement. Upon delivery and during the effective period of -the, hazardous substances indemnification, such facility shall be considered an "Approved Alternative Facility," If such indemnification is unavailable, then Contractor shall perform due diligence environmental site assessments of the "Approved Alternative; Facility" in accordance with current standard practices as accepted by the ASTM. Copies of any ESAs will be provided to the City and shall be maintained at the Contractor's facilities for no less than thirty (3) 1 years after termination or expiration of this Agreement. Contractor represents and warrants to City that the disposal of solid waste shall occur only at a Contractor Facility or an Approved Alternative Facility. Contractor represents and warrants to City that it will undertake reasonable efforts to ensure that the disposal of recyclable materials and green waste occur at a Contractor Facility or an Approved Alternative Facility. C. AB 939 Indemnification. In addition to its duties pursuant to SECTION 15, Contractor agrees to implement measures to meet the requirements of City's Source Reduction and Recycling Element and its City Code with respect to the collected waste stream covered by this Agreement. Contractor agrees to protect, defend,: indemnify and hold City harmless against all fines or penalties imposed by the California Integrated Waste management Board in the event the diversion, source reduction and recycling goals of AB 939 are not met by the City of Diamond Bar with respect to the collected waste stream covered by this Agreement as a result of Contractor's failure to perform under this Agreement, or if Contractor's delays in providing information prevent City from submitting reports required by AB 939 in a timely manner. City and Contractor agree to negotiate with respect to any additional AB 939 -related services, which Contractor and City agree to implement. -18- Date of Prk iag. August 10, 2000 Dimnond Bar Integrated Waste Management Services Agm=ent D. Workers' Compensation and Employers' Liability Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement full workers' compensation insurance and Employers' Liability Insurance with a minimum limit of ONE MILLION DOLLARS ($1,000,000.00) in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses that arise from work performed by the named insured for the City. E. Liability Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLIONDOLLARS ($10,000,000.00) aggregate and FIVE MILLION DOLLARS ($5,000,000.00) per occurrence and a Commercial Auto Liability Insurance policy with a minimum limit of FIVE'MILLION DOLLARS ($5,000,000.00). Said insurance shall protect Contractor and City from any claims for damages for bodily injury, including accidental death, as well as from any claim for property damage, which may arise from operations, performed pursuant to this Agreement; The following language is required to be made a part of all of the insurance policies required by this SECTION: I. "The City of Diamond Bar; its elected officials, its employees, agents, volunteers and officers, are hereby added as additional insureds, to the extent of Contractor's indemnification obligations as set forth herein, but excluding negligence or willful misconduct, as respects liability arising out of activities performed by or on behalf of Contractor:" 2, "This policy shall be considered primary' insurance as respects any other valid and collectible insurance the City of Diamond Bar may possess including any self-insured retention the City of Diamond Bar may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it. 3. "This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to.ncrease the limit of liability of the insuring company - 4. "Thirty (30) days' prior written notice by certified mail, return receipt requested, shall be given to the City of Diamond Bar in the event of suspension, cancellation, reduction in coverage or in limits or non -renewal of this policy for' whatever .reason. Such notice shall be sent to the City Manager, City Attorney and City Clerk." , The insurance required by this Agreement shall be with insurers that are Best A+ rated, and California -Admitted, or better.' The City shall be included as an additional insured on each; of the policies and policy endorsements. The insurance required by this Agreement is in addition to, _19 - Date of Printing; August 10, 2000 Diamond Bar Integrated waste Management services Agreement and not in lieu or limitation of, the indemnification provisions in SECTIONS ITA, 17.B and 17.C, above. Contractor shall obtain the written consent of City's Risk Manager prior to changing insurers providing insurance under this Agreement, which consent shall not be withheld unreasonably. F. Evidence of insurance Coverage; Insurance Repository. Contemporaneously . with the execution of this Agreement, Contractor shall file certificates of insurance evidencing the above -required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for thirty years (30 years) after the end of the term during which collection services are to be provided pursuant to this Agreement. Contractor shall notify City's Risk Manager and City Attorney before destroying copies of such policies, and Contractor shall provide copies or originals of such policies to City. This provision shall survive the expiration of the period during which collection services are to be, provided under this Agreement. G. Self -Insurance. To the extent provided by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California. H. Reduction of CERCLA and Other Liability. City and Contractor agree to meet annually in the fourth calendar quarter of each calendar year to discuss ways to reduce their respective potential CIRCLA and other liabilities to third parties. SECTION IS. CASH AND PERFORMANCE BONDS. A. Prior to the start of collection services under this Agreement, Contractor shall deposit funds, on terms ;satisfactory to City, in an interest-bearing account at an institution satisfactory to both City and Contractor, or provide a letter of credit, from an institution satisfactory to City, at the option of Contractor, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). (The funds on deposit and the letter of credit are referred to collectively in this Agreement as the "Cash Bond".) In addition to the Cash Bond, Contractor, at its option, shall deposit; either a letter of credit or a performance bond (collectively referred to as "Performance Bond")' in the amount of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00), or in such lesser amount as the .City Manager' may determine to provide adequate protection to the City. The Cash Bond (including any letter(s) of credit) and the Performance Bond (including any letter' of credit) (collectively referred to as 'Bonds") shall: be on terms acceptable to the City Attorney. The Bonds shall serve as security for the faithful performance by Contractor of allthe provisions and obligations of this Agreement. All, interest on a cash deposit, ' if made, shall accrue to Contractor B. Upon Contractor's fAure to pay the City an amount owing under this Agreement, the Bonds may be assessed by the City, for purposes including, but not limited to: 1. Reimbursement of costs borne by the City to correct violations of the Agreement not corrected by Contractor, after City provides notice in accordance with SECTION 20.A.1. -20- Date of Printing: August 10, 2000 Dmmond Bar Integrated Waste Management Somcco Agreement 2. To provide monetary remedies or to satisfy damages assessed, against Contractor due to a material breach of this Agreement; or 3. To satisfy an order of the City Council. C. Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Bonds to the original amount within thirty (30) days after notice from the City that any amount has been withdrawn from the Bonds. Contractor shall be relieved of the foregoing requirement to replenish the Bonds during the pendency of an appeal from the City,s decision to draw on the Bonds. The amount of the Bonds shall be adjusted annually on the anniversary of the execution of this Agreement. The annual adjustment shall be in the annual percentage January to - January change in the Consumer Price Index for all Urban Consumers (National CPI U). D. In the event the City draws on the Bonds, all of City's costs of collection and enforcement of the provisions relating to the Bonds called for by this SECTION, including reasonable attorneys' fees. and. costs, shall be paid by Contractor. E. Any decision or order of City under this SECTION 18 may be appealed by Contractor through the dispute resolution procedures ;provided by SECTION 20 and 21 of this Agreement: SECTION 19. EMERGENCY SERVICE. A. Should Contractor for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in SECTION 25.A, "Force Majeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the solid waste.which it is obligated under this Agreement to collect, and as a result, solid waste should accumulate in City to such an extent, in such a manner, or for such atime that the City Manager in the reasonable exercise of the City Manager's discretion, ,should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all solid waste which Contractor is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Contractor during the period Of ' Such emergency, before contracting with another solid waste enterprise to collect and transport any or all solid waste which Contractor would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Contractor is unable to provide such services. In such event Contractor shall identify sources from which such substitute solid waste services axe immediately available, and shall reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide collection and transportation services required by this Agreement. B. Contractor will assist City in the event of major disaster, such as an earthquake, storm, Rood, fire, not or cavil disturbance, by providing collection vehicles and drivers normally assigned to the City, at the rates provided in EXHIBIT 'A". C. Contractor shall furnish to the City upon request at no additional charge emergency containers to store materials and supplies to be used in the event of an emergency. Said -21-- Date of Printing: August 10, 2000 Diamond Bar Integrated WasteManagement services Agreement containers shall be placed at all public schools and at City Hall or other City Facilities identified by the City Manager. SECTION 20. ADMINISTRATIVE REMEDIES; TERMINATION. A. Notice; Response; Resolution; Appeal. 1. Notice of Deficiencies; Response. If City's Integrated Environmental Services Coordinator ("Coordinator") determines that Contractor's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, 'including but not limited to, the laws governing transfer, storage or disposal of solid and hazardous waste, the Coordinator may advise Contractor in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The Coordinator, in any written Notification of Deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period of time, Contractor shall -respond to the written Notification of Deficiencies within thirty (30) days from the receipt by Contractor of such written notice. Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time. 2. Review by Coordinator; Notice of Appeal. a. The Coordinator shall review any written response from Contractor and decide the matter. If the Coordinator's decision is adverse to Contractor, the Coordinator may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the Coordinator determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The Coordinator shall promptly inform Contractor, of the Coordinator's decision. In the event the decision is adverse to Contractor, the Coordinator shall inform Contractor, in writing, Of the ; specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the Coordinator's decision and any remedial action taken or ordered. An adverse decision by the Coordinator shall be final and binding on Contractor unless Contractor files a "Notice of Appeal" with the City. Clerk (with copies to the City Manager and City Attorney) . within 30 days of receipt of the notification of the adverse decision by the Coordinator.; b. In any "Notice of Appeal" Contractor shall state its factual contentions and include any relevant affidavits, documents, photographs and videotapes which Contractor may choose to submit. In addition, Contractor shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. -22- Date of Printing: August 10, 2000 Diamond Bar Integrated Wsete-Menegement Services Agreemeat 3. Review by City Manager; Appeal. a. Within flinty (30) days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City manager's decision is adverse to Contractor, the City Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement; and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with SECTION 20.B and 20.C, below. The City Manager shall promptly inform Contractor of the City Manager's decision. In the event the City Manager's decision is adverse to Contractor, the City Manager shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. b. An adverse decision by the City Manager shall be final and conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis and all legal contentions and shall include all relevant evidence, including affidavits, documents, photographs and videotapes, which Contractor may choose to submit. B. City Council Hearing. if a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council. by Contractor, the City Council will set the matter for an administrative hearing and act on the matter.- If the City Council elects to hear the matter, the City Clerk shall give Contractor fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following; 1 A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options. 2. The Coordinator's written Notification of Deficiencies; 3. Contractor's response to the Notification of Deficiencies, 4 The Coordinator's written notification to Contractor of adverse decision; 5. Contractor's Notice of Appeal 6. The City Manager's written notification to Contractor of adverse decision; and 7 The Notice of Appeal to the City Council, No new legal issues may be raised, or new evidence submitted by Contractor or City at this or at any further point in -the proceedings, absent a showing of good cause. Contractor's representatives and other interested persons shall have a reasonable opportunity to be heard. C. City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of, the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding he decision of the City Manager. If, _23 - Date ofPriuting: August 10. 2000 D-md'Bar Integ-W Waste Mpg --L services Agreement based upon the administrative record, the City Council detertnines that the performance of Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it. determines that . Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor's performance under the Agreement is not excused during' the period of time prior to a final determination as to whether or not Contractor performance is in material breach of 'this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive. Contractor has the right to file an appeal with a judicial court as indicated in SECTION 20.D.' With the exception of draws on the Cash Bond,` the execution; of any of City's remedies under this SECTION 20 shall' be stayed until Contractor has exhausted its appeals under SECTIONS' 20 and 21 of this Agreement. D. Appeal to Court. Except as otherwise provided in this Agreement} -Contractor may appeal any decision, order or action by the City Council under this SECTION 20, as provided in SECTION 21, below, by filing a legal action' with a Court having jurisdictional authority within ten (10) business days of receipt of the decision by the City Council: and following the procedures set forth in SECTION 21, below. A decision of the City Manager to refer a matter to the City Council may not be appealed. E. Reservation of Rights by City. Subject to Contractor's, rights and exhaustion of its appeals under SECTIONS 20 and 21, City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following; 1. If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotia- tions which preceded the execution of this Agreement; 2. If Contractor becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy Proceeding; 3. If Contractor fails to provide or maintain in full force, effect and amount, the workers compensation, liability, and indemnification coverage, Cash and Performance Bonds.as required by this Agreement; 4. If Contractor violates any orders or rulings of any regulatory body having jurisdiction over Contractor relative to this Agreement, in any material manner, provided that Contractor may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Contractor is entered, 5. If ;Contractor ceases to provide collection service as required under this Agreement over a substantial portion of the area of the City of Diamond Bar for a period of two (2) -2 4- Date of Printing: August 10, 2000 Diamond Bar Integrated Waste'M=agement serviced Agreement calendar days or more, for any reason within the control of Contractor; 6. If Contractor fails to make any payments- required under this Agreement or refuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement; 7. Any other act or omission by Contractor which materially violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written Notification of Deficiencies or if Contractor cannot reasonably cor- rect or remedy the breach within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such alleged deficiencies within the time set forth in such notice and diligently effect such correction or remedy thereafter. F. Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement. SECTION 21. APPEAL TO JUDICIAL COURT; HEARING PROCEDURES. Either party to this Agreement at any time after exhaustion of administrative remedies, if applicable, and following the appeal procedure set forth in SECTION 20, if applicable, may appeal a disputed matter to the appropriate Judicial Court having Jurisdiction pursuant to California Code of Civil Procedure. The venue of any proceeding hereunder shall be as indicated in SECTION 25.F SECTION 22. CITY'S ADDITIONAL REMEDIES. In addition to the remedies set forth above, City shall have the following rights in the event of Contractor's material breach and failure to cure following written notice from the City and as provided in SECTION 25 A. The right to contract with others to perform the services otherwise to be performed by Contractor; and B. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach thereof. SECTION 23. TRANSFER OF RIGHTS; CITY CONSENT; FEES A. The rights granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned (collectively "transferred"), nor shall any of the rights or privileges herein be hypothecated, leased, assigned,' sold or transferred, either in whore or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of Contractor or by operation of law, without the prior written consent of the City expressed by resolution. Any attempt to do any of the foregoing with respect to any of the 25 Date of Printing: August 10, 2000 Diamond Bar Imegtated Waste Management Services Agreement rights herein without the consent of City shall be void. For purposes. of this Agreement, any dissolution, merger, consolidation, change in control or other -reorganization of Contractor shall be deemed an assignment of this Agreement. For purposes of this SECTION, a change of corporate name and a; transfer to an entity under common control or ownership of Contractor shall not be deemed 4e-bs a transfer of rights. B. The City shall not unreasonably withhold its consent to a transfer of the rights granted by this Agreement. The City may impose reasonable conditions of approval on a transfer. The applicant for the transfer shall demonstrate to the City's satisfaction that it has the operational and financial ability to carry out the obligations of the Agreement: C. Any application for a transfer of rights shall be made in a manner prescribed by the City's Coordinator. The application shall include a Transfer Application Fee in an amount to be set by City, by Resolution of the Council. The Transfer Application Fee is intended to offset the City's anticipated costs of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze the application. Contractor shall reimburse the City for all reasonable consultants', attorneys' and staff costs directly, related to .the City's consideration of the application for transfer not offset by the 'Transfer Application Fee, whether or not the City approves the application for transfer of rights. City's request for reimbursement under this SECTION shall be supported ,with evidence of the expense or cost incurred, Contractor shall reimburse City within thirty (30) days of receipt of City's request for reimbursement. SECTION 24. USE OF PROGRAM NAME. The program name "Diamond Bar Recycles" refers to all Integrated Solid Waste Management Services available to service recipients of the City of Diamond Bar. Contractor may use "Diamond Bar Recycles" to help people identify with the civic pride and environmental good of responsibly managing solid waste. Contractor's use of the program name does not relieve Contractor of its obligations under this Agreement, nor is it to be construed as constituting an arrangement by the City for the disposal of solid' waste, nor to create an agency relationship. SECTION 25. GENERAL PROVISIONS: A. Force Majeure. Contractor shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services of Contractor are temporarily interrupted for any of the following reasons; riots; war or national emergency declared by the Presi- dent or Congress and affecting the City of Diamond Bar; sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; strikes, lockouts and other labor disturbances; or other catastrophic events which are beyond the reasonable control of Contractor. "Other catastrophic events" does not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public entity where such failure occurs where Contractor has failed to exercise reasonable diligence. In the event a labor disturbance interrupts collection and transportation of residential solid waste, and/or disposal of residential solid waste by Contractor as required under this Agreement, City may elect to exercise its rights under SECTION 22 of this Agreement. -20- Date of Printing:- August 10„ 2000 Dianwnd Bar Integrated waste Afinagement Services Agreement B. Computer Hardware and Software. Contractor will be required to obtainall necessary computer software, hardware, supplies, personnel and training at Contractor's expense to comply with the City's reporting requirements Contractor will incur all costs of moving comput- ers, including phone lines in the event they need to relocate.Contractor will maintain a computerized data base, with the capacity to maintain an account history of at least eighteen months. Any older account information will be maintained on diskettes, tape, zip drive, or a Bernoulli cartridge for the full term of the contract and a period of three (3) years after termination or expiration of this Agreement. City will have access to these records during regular business hours. C. Independent Status. Contractor is an independent entity and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, Contractors and sub -Contractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor, nor an arrangement for the disposal of hazardous substances. Contractor nor its officers, employees, agents or sub -Contractors shall obtain any rights to retirement or other benefits, which accrue to City employees` D. Pavement Damage. Normal wear and tear on City streets resulting from general vehicular traffic excepted, Contractor shall be responsible for damage to City's driving: surfaces, whether or not paved, resulting from the operation of Contractor's vehicles providing solid waste collection services within the City. Contractor understands that the exercise of this Agreement may involve operation of its collection vehicles over private roads and streets. Disputes between Contractor and its service recipients as to damage to private pavement are civil matters and complaints of damage will be referred. to Contractor as a matter within its sole responsibility and as a matter within the scope of SECTION 17.A., above. E. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Contractor to public or private property shall be repaired or replaced by Contractor at Contractor's sole expense. Except as provided in SECTIONS 17 and 25.13, above,. this Agreement does not purport to affect, in any way, Contractor's civil liability to any third parties.' F. Law to Govern; Venue. The law of the State of California shall governthis Agreement without regard to any otherwise governing principles of conflicts of laws. in the event of litigation between the parties, venue in state trial courts shall he exclusively in the County of Los Angeles. In the event of litigation in a V.S. District Court, exclusive venue shall lie in the District of California in which the City of Diamond Bar is located. G. Gratuities. Contractor shall .not, nor shall it permit any officer, agent or em- ployee to request, solicit, demand or accept, either directly or indirectly, any gratuity for the collection of solid waste required to be collected under this Agreement. H. AB 939 Amendments. This Agreement is part of City's efforts to comply with the provisions of the California Integrated Waste Management Act of 1989, ("AB 939") as it from -27 Date of Printing[ August 10, 2000 Diamond Bar L"rated WaateManagement Services Agreement time to time may be amended and as implemented by the regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended, and the City's Source Reduction and Recycling Element, as it may be amended from time to time. In the event that AB 939 or other state or federal laws or regulations enacted or amended after this Agre- ement has been executed prevent, preclude, or eliminate the need for compliance with one or more provisions of this Agreement, or significantly increase Contractor'scosts, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal Taws or regulations. In the case of an amendment to the laws which has the effect of eliminating the need for a service provided for in this Agreement and City informs Contractor that City desires to discontinue the service, City and Contractor shall negotiate a reduction in rates. In the case of an amendment to the laws that increases the cost of Contractor's service, Contractor may seek a rate increase to offset the costs directly attributable to the amended or newly enacted provision of law or regulations: I. Amendments. All amendments to this Agreement shall be in writing, duly executed by the parties. Purported oral amendments shall be void and of no force or effect. J. Notices. All notices required or permitted to be given: under this Agreement shall be in writing and shall be personally delivered or sent by telecopier (with confirmation of receipt) or United States certified' mail, postage prepaid, return receipt requested, addressed as follows: To City: City Manager City of Diamond Bar 21660 Copley Drive, STE 100 Diamond Bar, California 91765 Telecopier Number 909.861.3117 Copy to: Director of Public Works City of Diamond Bar 21660 Copley Drive, STE 190 Diamond Bar, California 91765 Telecopier Number 909.861.3117 And to: Michael Jenkins, City Attorney Richards, Watson & Gershon Thirty-eighth Floor, 333 South Hope Street Los Angeles, California 90071-1469 Telecopier Number 213.626-0078 To: Michael L. ,Stephan, District Manager Waste Management of San Gabriel/Pomona Valley 13940 E: Live Oak Avenue Baldwin Park, California 91706 _28_. i Date of Fretting: August 10, 2000 Diamond Bar Integrated Wash Managemem Services Agreement Telecopier Number 626.814.1955 or to such other address as either party may from time to time designate by notice to the other given in accordance with this SECTION. Notice shall be deemed effective on the date personally served or sent by confirmed telecopier or, if mailed, upon the date of the return receipt: K. Contract Administrative Processing Fee. The process of selection of a contractor for the expressed purpose of establishing rights to collect refuse or recyclables is both time consuming and resource depletive. The Contractor shall remit a one-time Administrative Processing Fee to the City. The Administrative Processing Fee is intended to offset the City's anticipated costs of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze the contractor's proposal and prepare its contract. Contractor shall pay the ;City the fee within thirty (30) days of receipt of City's request for payment. For purposes of this agreement, the fee shall be based on the amount of waste currently disposed in the awarded sector divided by the total waste disposed for the entire City as established by permitted haulers' reports. L. Savings Clause and Entirety. If any non -material provision of this. Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. M. Joint Drafting.: This Agreement was drafted jointly by the parties to this Agreement. O. Inclusion of Additional Documents. This Agreement incorporates by reference the following specificdocuments: the RFP distributed by the City (Exmrr "D"), the proposal by the Contractor (E F Mrr "E"), and any amendments or provisions by either party that affects the terms of the Agreement limited in that the invalidity or unenforceability of such amendment or provision shall not affect the validity and "enforceability of any of the remaining provisions of this Agreement. I -29- Date of Printing: August 10, 2000 Service Component 35 Gallon 64 Gallon 96 Gallon Refuse, Recycling '& Green Waste $11.89 $14.96 $18:03 Additional Refuse Cart Surcharge ' 4.00 6.00 8.00 Additional Green Waste Cart Surcharge in Excess of Two 2.00 2.00 2.00 Additional Recycling Cart in Excess of Two 1.25 1.25 1.25 Backyard Service Surcharge 15.00 15.00 15.00 Yard Waste Reduction Discoune 2.84 2.84 2.84 Senior & Disabled Discount 1.78 2.24 2.70' Maximum Discount (if bothdiscounts are taken) 3.56. 4.48 5:40'> Exhibit "A" Rate Adjustment Methodology for Waste_ Management CPI Rate Adjustment Subject to the approval of the City Manager, the fees identified in Exhibit"A" will be adjusted on July 1St of each year beginning July 1, 2002 bythe percentage change in the Consumer Price Index (CPI) for the 12 months ended the previous April 30th based on the Los Angeles/ Anaheim/Riverside Area Index. The CPI index will be applied solely 'to the non -disposal (operational) portion of the rate. Disposal Rate Adjustment Fees found in Exhibit "A" reflect a $23.00 per ton blended disposal rate. in conjunction with the annual CPI rate adjustment schedule and procedure, the Contractor will submit all necessary documentation requested by the City Manager to establish the net change in annualdisposal costs for the previous 12 months ended the previous April 30th. This net change in disposal costs will be divided by the number of residential customers and added or subtracted from the Customer Service Rate Adjustment Request. 'Disposal adjustments will be limited to annual changes in disposal gate rates, government mandated fees, and taxes. No disposal facilities will be utilized` by the Contractor without a 30 -day prior written consent of the City Manager. The disposal rate will be adjusted by resolution of the City Council on or before July 1st of each year beginning July 1, 2002 in accordance with the changes recommended by the City Manager. Extraordinary Rate Adjustment In addition to the 'above, the Contractor may request in writing an increase in the service charges above the CPI and disposal costs based upon extraordinary circumstances limited to the following: transportation, processing, government mandated fees and taxes, and other costs as documented and agreed' to by the City' Manager. The Contractor's request will be submitted in conjunction with the annual CPI rate adjustment, and will be added to any CPI and disposal rate adjustment. The rate will be adjusted for extraordinary circumstances by resolution of the City Council on or before July 1St of each year beginning July 1, 2002 in accordance with the changes recommended by the City Manager. Rate Adjustment Schedule and Procedure All requests for rate adjustments shall be submitted by the Contractor by or before April Vt'of each year beginning with April 1, 2002. The City must respond to the request in writing by May 15t or 30 days after receipt of the request. The City Manager will approve' the CPI rate adjustment; however, Council will consider the City Manager's recommendations for disposal' rate and extraordinary rate adjustments, and vote by resolution on or before July 1" of each calendar year, beginning in the year 2002. Effective dates of new rates will be July Vt of each calendar year. Diamond Bar Solid Waste Agreement B1R R"LEM ENTATION SCHEDULE A _ Date Deliver evidence of insurance to City Clerk [§ 17.D] Upon Execution of Agreement Submit compaction vehicle noise level testing certificate Within 10 days of request by [§ 7] City Deliver announcements to service recipients Prior to start of collection Begin City-wide collection of Residential Solid Waste 4" Quarter, 2000 [§ 3.A], [see attachment 1 to Exhibit B] Begin Bulky Goods pickup program [§ 6.H] e Quarter, 2000 - Submit Monthly and Quarterly Reports"` 15 days after end of Month or [§ 16.F) Quarter, beginning September 15, 2000 Begin Holiday Tree Collection ,program [§ 6.F] Annually on first collection day after December 25& City, Contractor meet to consider ways to reduce CERCLA, Annually, during 4*' Quarter other liability [§ 17.F] Submit Annual Report to City [§ 16. A] Annually by April 15th, starting 2001 Contractor Submits Rate Adjustment Statement [§ 13.B] Annually by April 1, starting 2002 City responds to Rate Adjustment Statement [§ 13.B] Annually by May 1, starting 2002 Rate Adjustment takes effect [§ 13.B] Annually, on July 1, starting 2002 Contractor to respond to "Notice of Deficiencies" [§ 15.B] Within 30 days of receipt, unless otherwise specified B-1 Dateof Printing:` August 10 2000 - - - rw� Tc C Diamond Bar lrnplernentatian Plan Thursday July 27 - Meet with City staff and A13939 Consultant tQ disco rss roll out, education program, and idr?ntify possible challenges. Present drafts of public education printed materiais and identify c ommun iy forums Request' addresses for 10% customers served by other trash haulers. Monday, July 31 thru Friday, August 4Schedule. presentations with cominun roe and organisations. -Schedule rneet with preseniatives from local newspapers to plan marketing strategies. Tuesday, August 15'- Approval of waste collectioNrecy4CrIng contract. Wednesday. August 16 - Meet with Waste Management staff to review roll out firrre[ines and delegate assignments. Thursday, August 17 - Present a droll of mll out program package to City staff. Roll out package will contain information flyer, address slickers an4 "Take me stickers for old trash containers and cont irtet s lection card . Meet with'HORS regarding cart refection Thursday, August 17 - Final approval of roll out introductory #Iyer and selection Postcard. Submit draft of program brodzure for approval. \ WednEsday, August 24 - Mail out inMoductrry flyer and Selection poslcrd Wednesday, September 13 - Final approval of roll out package_ Friday, September 1b - Selection cards returned. Monday, September 18 - Order all containers- Wednesday, September 24 - Final approval of (tri-fold) prograttt brochure_ (information on recycle crate collection) Wednesday October 47 Mail out program brochure. Monday, November 13 - Friday, ;November 17 Delivery of new automated trash, recycling acrd green waste containers and pick up old trash earls and recycle crates. Wednesday, November 1 New rates effective Nover»ber'i, 20QQ. Diamond Bar Solid Waste Agreement �........... HAZARDOUS SUBSTANCES PMIF Il MCATION Contractor agrees to indemnify, defend (with counsel reasonably selected by City), protect and hold harmless City from and against all claims, actual damages, natural resources damages, injuries, costs, response, remediation and removal costs, losses, liabilities, causes of action, interest, and expenses (including but not limited to reasonable attorney's and expert's fees) of any kind whatsoever paid, incurred, suffered or incurred by or against City resulting from any repair, cleanup, removal action or response action undertaken pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (hereinafter "CERCLA"), the California Health and Safety Code (hereinafter "H&S Code") or other similar federal, state or local law or regulation, with respect to Solid Waste collected, transported and disposed of by Contractor. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the H & S' Code to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, the H & S Code or other similar federal, state or local law or regulation: Notwithstanding any provision herein to the contrary, the foregoing indemnity is expressly conditioned upon the implementation by City of a program for minimization and proper recycling, treatment and disposal of Hazardous Waste generated or accumulated by Single -Family and Multi - Family Residences in compliance with §,§ 41500 and 41802(b)(2) of the Public Resources Code. The City's implementation of a program for minimization and proper recycling, treatment and disposal of Hazardous Waste generated or accumulated by Single -Family and Multi Family Residences shall be presumed to be in compliance with §§ 41500 and 41802(b)(2) of the Public Resources Code unless Contractor or an agency with jurisdiction has notified City that its program is not in compliance, and a final determination has been made that the City's program is not in compliance with §§ 41500 and 41802(b)(2) of the Public Resources. Code: The following terms used above shall have the indicated meanings: "Hazardous Waste" means any waste materials or mixture of wastes defined as "hazardous substances", "hazardous waste" or "designated waste" pursuant to the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., the Comprehensive Environmental Response; Compensation and Liability Act, 42 U. S. C. Section 9601 et seq., the California Health and Safety Code, the California Water Code, the California Integrated Waste Management Act, or other similar federal, state or local taw or regulation. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste" shall be construed to have the broader, more encompassing definition: C-1 Date of Printing: August 10, 2000 AGREEMENT FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES FOR THE RESIDENTIAL SECTOR This AGREEMENT FOR INTEGRATED WASTE MANAGEMENT SERVICES ("Agreement") is entered into this day of Augusta 2000, by and between the 'CITY -OF 8. DIAMOND' BAR ("City"}, a municipality, and I151A�QE'0�� WASTE MANAGEMENT OF SAN GABRTEUPOMONA VALLEY,—DI- (" Contractor"), a private corporation, for the collection, transportation, recycling, composting and disposal of residential solid waste, including green waste and recyclable solid waste. RECITALS, WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989,`(the "Act" or "AB 939") established a solid waste management process which requires cities and other localjurisdictions to implement plans for source reduction, reuse and; recycling as integrated waste management practices; and WHEREAS, the Public Resources Code, including § 40059, provides that aspects of solid waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services; charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency;' and WHEREAS; the City is obligated to protect the public health and safety of the residents and businesses of the City of Diamond Bar and collection of residential solid wastes should be made in a manner consistent with the exercise of the City's obligations for the protection of public health and safety; and WHEREAS, the City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act ('RCRA'), 42 U.S.C. §§ 6901 et M. and the Comprehensive Environmental Response, Compensation and Liability Act CI CERCLA,); 42 U.S. C. §§ 9601 et seg.; and WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator" or an "arranger" as those terms are used in the context of CERCLA § 107(x)(3) and that it is Contractor, an independent entity, and not City, which will collect from residential premises in the City of Diamond Bar, transport and dispose of solid wastes (which may contain small amounts of consumer products with the characteristics of hazardous substances); collect, transport, and recycle and/or compost green waste and recyclable solid wastes collected from residential premises in'the City of Diamond Bar and Date of Printing: August 10 2000 Diamond Bar Imegrated waste Management services Agrees WHEREREAS, there are no places within the City of Diamond Bar where landfills are located, or which are suitable for the siting of a landfill, and therefore residential solid waste must be exported from the City; and WHEREAS, the Contractor, and not the City, will select the transfer station, landfill or transformation facility destination of the unrecoverable residential solid waste that Contractor will collect and City has not, and by this Agreement does not instruct Contractor on its collection methods, nor supervise the collection of waste. WHEREAS, Contractor represents and warrants to City that it has the experience, responsibility and qualifications to conduct recycling programs, to provide City with information sufficient to meet the City's reporting requirements under AB 939, to meet the City, s requirements as set forth in City's Source Reduction and Recycling Element, which, by this reference, is incorporated into and made a part of this Agreement, to assist the City in meeting City's other requirements under AB 939, to collect, transport and dispose of solid waste in a safe manner which will minimize the adverse effects of collection vehicles on air quality and traffic and has the ability to indemnify the City against liability under CERCLA and WHEREAS, the City Council of the City of Diamond Bar determines and finds pursuant to California Public Resources Code Section 40059(a)(1), that the public health, safety and well- being, including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles, the implementation of, measures consistent, with the City's Source Reduction and Recycling Element, and the protection of the City against CERCLA liability, require that Contractor be awarded a contract for collection, recycling and disposal of solid waste from residential premises in the City of Diamond Bar. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. GRANT OF RIGHT' AND PRIVILEGE TO COLLECT RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIALS. City A. Bindinggree- too be bound b ent. In nsideration and complyf the mutual with � promises contained herein,. Ci and Contractor a y of the requirements of this Agreement. B. Grant of Rights; Exch>slons. This Agreement grants to Contractor for the period specified in SECTION 3' of this Agreement during which;, collection services .are to be provided, the right and privilege to collect, transport, process, recycle, compost, retain and dispose of all residential solid waste; as defined in this Agreement, produced, generated and/or accumulated within the City, except as otherwise provided below. Service to all residential premises, including multi -family residences (MFRs), in the City utilizing barrel,ij��� service is covered by this Agreement. The collection and disposal of construction and demolition waste and/or debris from barrel -served residential premises, #1994* Ow A using :temporary ("INSTA") bins and roll off boxes, is within the scope of this Agreement. As provided below, specialized single source - separated "niche" recycling' services, e.g.; collection of used hot water heaters, specialized routes for organic wastes, etc., are excluded by City from the rights awarded by this Agreement. -2- Date of Frinting: August 10, 2000 Diamond Bar Integrated waste Management SeMeea Agreement C. Gardeners and Landscapers. This Agreement shall not prohibit gardeners and landscapers from collecting and compostingor transporting green waste, as long as they transport such green waste to a. Compost Facility or other site permitted for use of green waste as alternative daily cover (or exempt from permitting)' by the California Integrated Waste Management Board in accordance with all governing laws and regulations and dwy s,,bmU ,;., rmol.++wf 9 di -s-k:..toA > D. Sale or Gift of Recyclable Materials. This Agreement shall not be construed to prohibit any person from selling recyclable materials or giving recyclable materials away to persons or entities other than Contractor. E. Annexation. Territory that is annexed into the City boundaries shall be added to the area covered by this Agreement. F. Other Services; Niche Recycling Services. City reserves the right to enter into agreements with other entities for other solid waste and recycling services not provided for in this Agreement, including, but not limited to street sweeping (and disposal incident to the conduct of street sweeping operations), disposal of green waste produced by City's landscape maintenance operations, contract services and "niche" recycling services which Contractor fails to provide and the conduct of Household Hazardous Waste pickups and roundups. In the event another solid waste enterprise proposes to provide ;riche recycling services, e.g., collection. of water heaters, the recyclable materials must be segregated from and not mixed with solid waste (less_ than or equal to 10% residue). G. Flow Control, City reserves whatever, if any, right it might receive from Congressto exercise "flow control" i.e., the right to select disposal facilities and materials recovery facilities to which the solid waste to be collected pursuant to this Agreement is to be taken. In the event City directs Contractor to transport solid waste to a particular disposal or other facility, City and Contractor agree to use their best efforts to obtain indemnification against CERCLA and related claims from the operator of the landfill or other destination to which solid waste collected pursuant to this Agreement is taken for disposal. In the event City requires Contractor to utilize a landfill or other disposal facility not owned or operated by Contractor or an affiliate of Contractor, Contractor shallbe relieved of its liability with respect to the matters addressed in SECTION 17.B of this Agreement with respect to the solid waste delivered to a disposal facility designated by City. In the event that City selects a transfer or disposal facility, 1 Contractor shall be entitled to a rate adjustment to offset for any substantiated increase in expenses resulting from the City's exercise of flow control. SECTION 2. CONTRACTOR'S REPRESENTATION AND WARRANTY REGARDING DISPOSAL FACILITIES. Contractor represents and warrants to City that Contractor will dispose of all residential solid waste (except for recyclable solid waste and green waste) collected pursuant to this Agreement at a to Facility" or an "Approved Alternative Facility" as those terms are defined in this Agreement. 3_ Date of Printing: August L©„ 2000 Diamond Bar Iutegtated Waft -Managemmt services Agreement SECTION 3. TERM. A. Collection services under this Agreement shall be provided commencing on the day of August 2000 and ending at midnight on the fifteenth day of August, 2010. B. This Agreement alse requires Contractor to provide services (e.g., customer information) prior to the start of collection. Additionally, the Contractor must and to provide other services (e.g., access to landfill destination information, insurance, CERCLA and other indem- nification and an insurance policy repository) that survive the expiration of this Agreement. SECTION 4. DEFINITIONS. Whenever any term used in this Agreement has been defined by the Diamond Bar City Code, Division 30, Part 1, Chapter 2 of the California Public Resources Codeor the California Health and Safety Code, the definitions an the City Code, Public Resources Code or Health and Safety Code shall apply unless the term is otherwise defined in this Agreement. A. "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40,000 et. seq., as it may be amended from time to time and as implemented by the regulations of the California.: Integrated Waste Management Board,' or its successor. B. "AB 939 Feemeans the AB 939 fee, or assessment imposed by the City on Contractor because of its status as party to this Agreement and which, inter glia, is intended to offset the' -City's expenses in administering this Agreement and Integrated Waste Management Program and to compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from Contractor's exercise of its Contrast Rights, the expenses of administering the program for the solid waste stream, reporting requirements under the Act and other related expenses. ONE C Diamond Bar lntegnted Waste' Management Services Agreement Agreement. 19. "Green Waste" or "Yard Waste" means leaves, grass clippings, brush and branches generated from landscapes or gardens at any premises, and incidental pieces of scrap lumber no longer than twenty-four inches (24"), separated from other solid waste. "Green waste" includes holiday trees but does not include stumps or branches exceeding four inches (4") in diameter or four feet (4') in length. "Green WasteContainers" means containers provided by service provider for the temporary accumulation of green waste. ` G. "Materials Recovery Facility" means 1) A facility licensed; or permitted in accordance with AB 939 which separates secondary materials, such as mixed'' glass and metal containers and processes them for sale to end users; 2), A firm that purchases and markets source -separated solid wastes and recyclable materials. . "Multi -Family Barrels, Cans, or Carts" means containers intended to be utilized for the temporary accumulation and collection of residential solid waste from multi -family residences that reflect service indicative of asingle-family dwelling unit. "Multi -Family Residences" means residential units such as apartments, condominiums and town homes, other than single-family residences (SERs), which utilize multi- family bins or barrels, cans, or carts, as defined in this Agreement, for the Zlm=UW tion and collection of residential. solid waste. Multi -family residences (NIFRs) bins are not covered by this Agreement. - Hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places are likewise not covered by this Agreement, and', are not defined as MFRS. "Recyclable Materials Of means recyclable items that have been source -separated before having been discarded into the residential. solid : waste ,stream. "Recyclable Materials is a Part of the residential solid waste stream which can be reused or processed into a form suitable, for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. As of the date of execution of this Agreement, recyclable materials includes the following items in addition, to any that the Contractor may add from time to time with the 00 permission of the City Manager: 1. Aluminum cans; 2. Glass jars and bottles; 3. Steel, bi-metal and tin cans; 4. Plastic soda pop bottles and other Type #1 containers (PET—polyethylene terephthaleate) 5 Plastic milk and water jugs and other Type #2 containers (HDPE—high density polyethylene); 6. Type #3 plastic containers (v , polyvinyl chloride); 7. Type #4 plastic containers (LDPE--low density polyethylene); 8. Type #5 plastic containers (PP— polypropylene); -5- Date of Printing:: Augoat 10, 2000 Dumond'Bar Integrated Waste Management Services Agregmeat 9 Juice boxes and milk cartons (aseptic packaging)' 10. Newspapers; 11. Mixed paper (e-g.,. -ledger, computer, junk mail, magazines, paperback books, envelopes, paper shopping bags and non-metallic wrapping papery 12. Corrugated cardboard; 13. Chlorofluorocarbons (contained in bulky goods set out for collection to be collected under SECTION 6.G) 14. Used motor oil and oil filters; 15. Tires (if set out for collection as bulky goods to be collected under SECTION 6. G); and 16. Wood (incidental scrap pieces if set out for collection with green waste). The foregoing list may be modified in writing to add additional recyclables as markets develop. Contractor shall collect all of the foregoing, and process and market such of the >foregoing items as Contractor determines are feasible to market for recycling. "Recycled" y means the act of having processed recyclable solid waste into a form suitable fo reuse and having marketed those processed materials for a use consistent with the requirements of AB 939. The act of marketing does not require that revenue is generated from the processed materials :. "Recycling Container" means any container for the temporary accumulation and collection of source-separated recyclable solid wastes delivered by Contractor, at Contractor's sole expense, to any premises covered by this Agreement or previously provided by City or any other entity. Title to recycling containers provided by Contractor shall be and remain in Contractor. y 4. "Residential Solid Waste" means all types of solid waste 4w ; ha-11604-0-1-d-md"" *Ask ..1, nh ,,A lao found to have been placed in the residential solid waste stream, including green waste and ,recyclable solid wastes placed for collection by service recipients, which. originates from SFRs and MPRs located within , the City that utilize barrels, cans, or carts, and which is are to be collected pursuant to this Agreement. "Residential Solid Waste" does not include hi-fi burs not ser. ' U:a solid waste generated or accumulated at hotels, motels; nursing homes or convalescent centers, barracks, dormitories or other similar places or institutions. "Scavenging" means the unauthorized removal of recyclable solid waste. Scavenging is prohibited by Public` Resources Code § 41950. A. "Single -family Residences" means all detached or attached residential units, of three units or less, including homes, condominiums, and town homes, that utilize barrels, cans, or carts for the temporary storage and collection of refuse, green waste, and recyclables �?�`t tit a �`e��I„��o rty use bins, but. t1i� units are ciu� o� 'this 1�rgreem;�i� „ m „ wwccH. SECTION 5. COMPLIANCE WITH LAWS AND REGULATIONS. Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreenmt Contractor warrants that it will comply with all applicable laws and implementing regula- tions of the federal and state government, as they, from time to time, may be amended, specifically including, but not limited to, RCRA, CERCLA, and AB 939; and, with all applicable ordinances of the City including the existing solid waste ordinance and any amendments. SECTION 6. TYPES, AND FREQUENCY OF SERVICE. A. Solid Waste Services - General. In order to 'protect the public health and safety,; Contractor shall provide for the collection of all solid waste generated or accumulated within the City from residential premises covered by this Agreement not less often than once per week. Contractor shall collect residential solid waste from the rear yard or other location convenient to the resident for physically challenged residents with State of California handicapped placards at no additional charge to the resident or to City. Contractor shall provide route maps and schedules to City, and consider City's suggestions, as City's Air Quality Traffic Demand Management Plan may be affected by routes and scheduling. In addition, Contractor shall enact routing; that is consistent with any plan by the City for street sweeping �ia sn�+� taierS B. Recycling Services. 1. Recyclable Materials Collection. Contractor, at Contractor's sole expense, shall deliver recycling containers, to be used exclusively for accumulation, separation and collection of recyclable materials to each residential solid waste service recipient.. Contractor shall `collect, remove and, if a market exists, recycle, all recyclable materials as defined pursuant to SECTION 4, placed in recycling containers. Contractor agrees to use its best efforts to process recyclable materials through a MaterialsRecovery Facility in order to maximize the diversion of residential solid waste from landfilling. Contractor, at the sole expense of Contractor, shall replace residents' recycling containers which Contractor provided, and shall deliver City -provided replacement recycling containers to replace containers reported to have been lost or stolen, or which have been damaged through no fault of the service recipient. 2. Community & Development Review Services.. Contractor, upon City's request, shall assist City's Community & Development Services Department in . the review , of applicants' plans for SFR and MFR projects that will utilize barrels, cans, or carts to provide for effective and economical accumulation and collection of recyclable materials and residential solid waste, including recyclable materials. 3 Purchase of Recyclable Materials. Contractor may offer services for the purchase of recyclable materials from its residential solid waste service recipients, but will not have any exclusive rights to do so. 4. Scavenging - Dj§gTg ement. Contractor will take whatever -4g." I ctions may be aper i� p- and effective to discourage scavenging of ,.. A recyclables materials solid waste from the residential solid waste stream. C. Green Waste Collection. Contractor shall collect and remove all green waste -7- Date of Printing: August 10, 2000 Diamond Bar Integrated WasteManagement Services Agreement Placed in green waste containers, put out for collection at a location acceptable to the service recipient and Contractor at lean once per week. Contractor, at its sole expense, shall provide service recipients with decals, tags.. or other means of distinguishing green waste containers. Contractor, at its sole expense, We may provide residential service recipients with containers suitable for automated collection of green waCIP sh^„ra G-QQ+__4_ -144 r;4, ,,..ri. , . _.., _ , EXHIBIT "C” and SECTION 17.B. shall govern the CERCLA indemnification for green waste collected by Contractor, along with all other residential solid waste. D. Hours of Collection; Holidays. Contractor agrees that, in order to protect the peace and quiet of residents, its collection of solid waste shall not start before 6:30 a.m. or continue after 6:30 p.m. every day of the week. No collections are to occur on Sundays or the following holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. Site and route-specific exceptions may be made to these limitations by the City Manager in the exercise of the Manager's sole discretion, if requested by Contractor: E. Holiday Tree Recycling. Contractor shall collect, transport and- use its best efforts to recycle all Holiday Trees which are placed for collection during the period beginning on the first collection day after December 25th and ending at 5:00 p.m. on the second Saturday in January. Holiday Trees placed for collection must be cut into lengths no longer than six feet, be free of ornaments, garlands, tinsel and flocking, and stands must be removed. F. Telephone Directory Collection. As part of Contractor's recycling program, Contractor shall develop a cooperative program with distributors of telephone directories for the collection of outdated telephone directories from its residential service recipients. G. Bulky Goods Pick-Up. On an as-needed, on-call basis, the Contractor Shall respond to up to four requests per year from residential units for collection of bulky goods on the regular collection day of each week at no extra charge. Each bulky goods collection will be limited to a maximum volume of about three cubic yards per unit. Collections in excess of three cubic yards or the four pick ups allowed annually will be subject to a surcharge as identified in Exhibit A. This bulky goods service is for the use of residents, and does not extend to the collection of construction, renovation and demolition debris, or other similar materials put out for collection at multi-family units. Contractor shall not be required to remove automobile bodies, or any other items, which may not be safely handled by two persons. Contractor shall comply with all,applicable regulations governing the recovery of ozone depleting refrigerants during the disposal of air conditioning or refrigeration equipment, including, but not limited to 40 CFR Part 82. Bulky goods collected by Contractor may not be landfilled or disposed of until the following hierarchy has been followed by Contractor 1. Reuse as is (if energy efficient) 2. Disassemble for reuse or recycling 3. Recycle 4. Disposal. This hierarchy precludes the use of front or rear-loading packer vehicles for bulky goods unless the Date of Printing: August 10, 2000 _ r Diamond Bar Integrated Waste Management Services Agreemept compaction mechanism is not used to compact the bulky goods, or they have been designated for disposal. A. Customer Education Program. Contractor will develop and implement an Education Program; for the City's Integrated Solid Waste program, including goals, strategies and timetables at its sole expense. TheAWRIEducation Program� will include information with respect to AB 939 diversion goals, bulky goods pick-ups, green waste diversion programs and the importance of the safe disposal of household hazardous waste. Contractor will provide and distribute information on City's Community Television and literature in the form of fliers, cards, stickers, or otherwise as Contractor determines to be most effective. Contractor may also utilize other promotional activities to achieve the goals of this Agreement, including participation in school assemblies and demonstrations, Chamber of Commerce and other local activities parades and other civic events rowed in wr�t�fig Ll�ry the Intr f< ensCoptre .4 5: SECTION.7. COLLECTION EQUIPMENT. Contractor warrantsthat it shall provide an adequate number of vehicles and equipment for the collection, disposal and transportation services for which it is responsible under this Agreement. The Contractor shall abide by AQ11AD Rule 1193 when phasing in new collection vehicles after July 1, 2001. To protect peace and quiet in residential areas the noise level generated by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single -event noise level of eighty-six (86) decibels (dB)A at a distance of fifty (50) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Contractor shall submit to City, upon City's request,; a certificate of vehicle noise level` testing, by an indepen- dent testing entity, i#ongan t'=,grmenl aid for any collection vehicle as to which City or Contractor has received more than one complaint regarding excessive noise in any twelve- month period. Contractor warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe, sanitary operation of all its equipment Contractor agrees to use its best efforts to prevent damage to all streets over which its collection equipment may be operated and to obtain all required approvals for operation of its collection vehicles on all streets. Contractor agrees to rriaiivain its refuse containers in the City of Diamond Bar free of graffiti or "tagging. In addition, any emergency containers placed at schools and at City Hall or other City Facilities must likewise be kept free of graffiti or "tagging." Finally, Contractor shall mark alt of its refuse containers in the City with conspicuous notices warning that the disposal of hazardous substances is prohibited. SECTION 8. PRIVACY. A. General. Contractor shallstrictly observe and protect the rights of privacy of service recipients. Information identifying individual service recipients, or the composition or contents of a service recipient's solid waste shall not be 'revealed to any person, governmental unit, private agency or company, unless required by law or upon authorization of the service recipient. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of solid waste characterization studies or waste stream analyses that may be required by AB 939 -9- Daft of Printing.,, August 10, 2000 Diamond Bar Integrated Waste Mmagement Serviees2Agreement- B. Making Lists. Contractor shall not market or distribute mailing lists with the names and addresses of service recipients. C. Privacy Rights Cumulative. The rights accorded service recipients pursuant to this SECTION shall be in addition to any other privacy rights accorded service recipients pursuant • to federal or state law. SECTION'9. SERVICE EXCEPTIONS; HAZARDOUS WASTE NUTmcATIONS. A. Refilsal or Failure to Collect. When solid waste is not collected from any solid waste service recipient, Contractor shall notify its service recipient in writing, at the time collection is not made, through the use of a "tag" or otherwise, of the reasons why the collection was not made: B. Hazardous Waste Inspection and Reporting. Contractor reserves the right and has the duty under law to inspect solid waste put out for >collection and to reject solid waste observed to be contaminated with household hazardous waste OM' W) and the right not to collect HHW put outwith solid waste, Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of HHW, found or observed in solid waste anywhere within the City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain HHW unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor will immediately notify the `City Manager or the City Manager's designee. C. Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of HHW found in solid waste, which was inadvertently collected from service recipients within the City, but diverted from landfilling. SECTION 10. CUSTOMER SERVICE. A. Office Hours Contractor has represented to City that Contractor will maintain an offiaccessible by a local phone number. Contractor's office hours are to be from X98-a.m, to .&W p.m. on regular collection days. At Contractor's expense, its regular and emergency telephone numbers shall be listed in Diamond Bar -area, telephone direc- tories under both Contractor's name and the City's name. ' t�gp.,-to-g�f�Tf�?T i u Euw,eu", m, i ep, bolew. Contractor shall have the I capability" of responding to service recipients in English, Spanish, Chinese dialects and other languages necessary for communication between Contractor and its service recrpre is n ti {� n hon C F . >�� trurled � R. and 1�piics ofd B Emergency Telephone Number. Contractor will maintain an emergency telephone number for use byitZr Irersoll qY outside ofce jAQ;MQJ husiASNA hours �'14i..a. Contractor shall have a'.representative, or an answering or call -forwarding 10 - Date of Printing: August 10; 2000 Diamond Bar Integrated Waste Management ServaeesAgreement service to contact such representative, available at the emergency telephone number during all hours other than aoaag office hours. no,,,,a,,w AMU, W 2.1 o ts4esped 40 i4441498 in Engash di2l"Q 2n GO--- Gonu2gug 2nd 44 C. Service Complaints, City and Contractor agree that the protection of public health, safety and well-being require that service complaints be acted on promptly and that a mord be maintained in order to permit 'City and Contractor to identify potential public ,health and safety problems. Accordingly, all service recipients' complaints shall be directed: to Contractor. During office hours, Contractor shall maintain a complaint service and a telephone answering system. Contractor shall record all complaints, including date, time, complainant's name and address if the complainant is willing to give this information, and date and manner of resolution of complaint. Contractor shall maintain this information in a computerized daily Service Complaint Log. In the case of a complaint for a missed collection received on a collection day, Contractor shall make the collection not later than 5 p.m. if it has been notified by noon, or on the "first collection day after the complaint is received, if the compliant was not .received until after noon. Any such calls received via Contractor's answering service shall be recorded in the Service Complaint Log the following working day. This Service Complaint Log shall be available for review by City repre- sentatives during Contractor's office hours and be accessible to the City during business hours via modem. Contractor shall provide a copy of this Service Complaint Log on computer disc, in a format compatible with City's computer system, to the City with the monthly report. -I1- Date of Printing; August 10,:2000 Diamond Bar Integrated Waste Management Services -Agreement each calendar month during which collection services were provided by Contractor. Accompanying each monthlypayment, shall be an accounting of the gross yes i l?aym g d. gr for the corresponding month, and number of units �� servedaFailure of Contractor to make any payment within the appropriate time period shall result in interest accruing thereon at the maximum rate permitted under California law, in addition to all other remedies of City pursuant to this Agreement. In addition, rates for any IN" bins or roll off boxes as daginsdAM within this Agreement shalt reflect City fees as stipulated by Council -resolution, but shall not be more than that currently levied by the non-residential service provider, ''► $£l ........?lit SECTION 14. CONTRACTOR'S BOOKS AND RECORDS, AUDITS: A. In addition to the record retention requ>_rements of SECTIONS 16.H and 17.F, below, Contractor shaft maintain1-1.],.....1. 54.40* all records relating ,to the services provided hereunder, including, but not limited to route maps, customer lists, billing records, weight tickets, maps, AB 939 records, and customer complaints, for the period during which collection services are provided pursuant o this Agreement, and an additional period of not less than three (3) years after exptra ion or tel matin mend, or any longer enod x requued by law11 sfMUND Ci shall have the right, upon reasonable advance notice, to inspect, audit and copy all of Contractor's records relating to Contractor's provision of services pursuant to this Agreement, including, but not limited to, route maps, customer lists, billing records, weight tickets, AB 939 records and service recipient complaints, Contractor's payment of fees to City and records which may be relevant in the event of an action under CERCLA or related claims. In the absence of extraordinary circumstances, five (5) business' days' notice shall be considered reasonable. Such records shall be made available to Ci at Contractor's regular lace of business, but inno event outside the County of Los Angeles- ff joi m's ,,h - tdeuae and 4i Y ' � Cwc' Ai: ry'�� . �i Y Y`�.5*' `FSC F •: ; k - Ay Prior ..to destruction of records relating to the services provided pursuant to this Agreement, 'Contractor shall provide copiesor originals of such records to City. B. Should any examination or audit of Contractor's records reveal an overpayment or underpayment by Contractor, the amount of underpayment, plus interest compounded monthly at the maximum lawful rate, shall be paid by Contractor to City within thirty (30) days. The amount Of any overpayment shall be paid by City to Contractor in the ordinary course of business,' SECTION 15. AB 939 REPORTING' REQUIREMENTS Contractor shall cooperate with City in solid waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the City's source reduction, recycling and waste stream diversion goals for the solid waste stream covered by this Agreement. During the period in which collection services ate provided pursuant to this Agreement, Contractor at Contractor's sole expense, shall, submit to City information and reports necessary for City to meet its reporting obligations imposed by AB 939, and the regulations implementing AB 939, for the waste stream covered by this Agreement. Contractor agrees to submit such reports and -13- Date of Printing: August 10, 2M I 1 Dism—d'Bar Integrated Waste Management services Agreement information: on computer discs, or by modem, in format compatible with City's computers, at no additional charge, if requested by City. SECTION 16. ACTIVITIES AND FINANCIAL RETORTS AND ADVERSE INFORMATION. A. Monthly and Quarterly Reports and Other Information. Contractor, at its sole expense, shall submit to the. City such other information or reports in such forms and at such times as the City may reasonably request or require, including, but not limited to the following: 1. Monthly Reports. Monthly Reports will be submitted to City, transmitted in a format acceptable to City, by modem or disc, at City's option, if requested by City. The monthly report shall show the number of tons collected and the tonnage delivered - to disposal facilities, itemized by disposal facility. A computer disc with a copy of the customer eomplaint log shall be submitted with the monthly report Data must be maintained at Contractor's place of k � business identifying;•„�, R,om*,,, �' diversion tonnage, and be accessible to the City during normal business hours. 2. Quarterly Reports. In addition to providing a quarterly summary of the monthly reports, Quarterly Reports shall include the following: a. Recyclable Solid Wastes (including Green Wastes): (1) A statement showing, by type of material, tons received each month and tons marketed during the month (2) A report providing recycling. information and the number of residential service recipients participating. (3) A narrative description of problems encountered and actions taken, including efforts to deter and Prevent scavenging. This is to include a description of tons rejected for sale after processing (type of material, tonnage), reason for rejection and Contractor's disposal: method for the rejected materials. (4) A report of recycling program promotional activities, including materials distributed by Contractor to its service recipients. j 3 14 Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Ma"agement Services Agreement b. Hazardous Waste Diversion Reports: A copy or summary of the records required by SECTION 9.C, above. B. Annual Report. By April 15th of 2001 and each year thereafter that collection services are provided pursuant to this Agreement, Contractor shall submit to City a written year-end Annual Report, for the preceding calendar year, in a form approved by the City. The Annual Report shall include . information as to timely compliance with EXHIBIT "B" (IMPL FN[ENTATION SCBMUI E) and the following information for the year. 1. General Information. General information about Contractor, including a list of Contractor's officers and members of its board of directors. A copy of Contractor's most recent annual and other periodic public financial reports and those of its parent corporation, affiliated corporations and other entities, if any, performing services under this Agreement, as the City, following consultation with Contractor, may request, and as may be available. 2. Prior Year's Activities. A report of the previous calendar year's (or, in the case of the initial report, the initial months') activities in the City, including a cumulative summary of the Quarterly Reports, and information and statistics with respect to City's compliance with AB 939. 3. Recommendations. Changes in integrated waste management, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City's Source Reduction and Recycling Element or this Agreement, based on developments in the law or technology. Contractor's recommendations with respect to compliance with AB 939 shall state the specific requirement of AB 939 that the implementation of the recommendation is intended to satisfy. C. Reporting Adverse Information. Contractor shall provide City two copies (one to the City Manager, one to the City Attorney) of all reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the Unified States or California Environmental Protection Agency, the California Integrated Waste Management Board, Local. Enforcement Agency, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court. Copies shall be submitted to City simultaneously with Contractor's filing or submission of such matters with said agencies. Contractor's routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request: D. Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement or otherwise, provided, that the City must follow the procedures for dispute resolution found in SECTION 20 of this Agreement before declaringany such material breach. 15 - Date of Printing: August 10, 3000 Diamond Bar Integrated Waste Management Semoes Agn ment a. Certification: Contractor will provide a certification statement, under penalty of pe jury, by the responsible corporate official, that the report is true and correct. G. Submission of Reports. Reports shall be submitted to: City Manager [or designated representative] City of Diamond Bar 21660 East Copley Drive, STE 100 Diamond Bar, California 91765 Facsimile Number: 909.861.3117 Contractor agrees that cooperation between Contractor and the City is critical to the success of this program. City reserves the right to request from Contractor additional information reasonably and directly pertaining to this Agreement on an "as-needed" basis. H. CERCLA Defense Records. City and Contractor agree that the ;ability to defend against CERCLA and related litigation is of great importance, For this reason, City and Contractor regard the ability to prove where "solid waste collected in the City was taken for disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems which, in the event of litigation, can establish where solid waste collected in the City was disposed (and therefore establish where it was not disposed)and will provide a copy of the reports required - by SECTIONS 9.B, "Hazardous Waste Inspection and Reporting," 9.C, "Hazardous Waste Diversion Records" and 16.A, "Monthly and Quarterly Reports," above, to the City Clerk. In addition, I Contractor agrees to maintain ORM copies of the foregoing reports for thirty (30) years after the end of the period during which collection services are to be provided pursuant to this Agreement. Contractor agrees to no City's Risk Manager and City Attorney before destroying Contractor s copies of such records"` 5 n g� Pie of urrdaC� This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. SECTION 17. INDEMNIFICATION AND INSURANCE. A. Indemnification of City. Contractor, upon demand of the City, made by and through the City Attorney, shall protect, defend, indemnify and hold harmless City, its elected officials, officers, employees, volunteers and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or resulting in any way from City's ` ma4 at Wgg mm_- t *n r,..,t-mato--y Af Contractor's exercise of its Contract Rights, including the provision of services under this Agreement, unless such claim is due to the sole negligence or willful acts of the City, its elected officials, officers, employees, agents or contractors. Contractor , upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and agents, in -17- Daft of Printing: August 10, 2000 Diamond Bar IntegraW Waste Management Services Agreenzat any claims or acttons by thud parties whether udacial, admwstrative arr otherwise, ��n� ! Y k � i s.E' - r 3s ♦.x% a4'. 1`yr���F!��� ���f £. # �� �� including, but -not limited to disputes and litigation over -the definitions of "solid. waste" or "recyclable material" or the limits of City's authority with respect to the grant of Licenses, or agreements, exclusive or otherwise, asserting rights under the Commerce Clause (including the Dormant Commerce Clause and federal or state legislation governing the process for the award of solid waste contracts) to provide solid waste services. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement, for claims arising prior to the expiration of the period during which collection services are to be provided pursuant to this Agreement, B. Hazardous Substances Indemnification. With respect to solid waste collected by Contractor pursuant to this Agreement which has been disposed of at places owned or operated by Contractor, by the Contractor's subcontractor, or by an entity under the same ownership and control of Contractor, Contractor shall deliver a Hazardous Substances indemnification in the form, or the form in substance, as set forth in EXIT "C" to this Agreement. Such facility shall be considered aContractor Facility." With respect to solid waste collected by Contractor pursuant to this A regiment which has been disposed of at laces not owned or operated by Contractor�1�. > ;, trt orb �...€ ttwnrstup dozwtxo?C f ......s Contractor shall cause the owner or operator of the alternate facility to deliver a hazardous substances indemnification in the form, or the form in substance, as set forth in E CMrr "C" to this Agreement. Upon" delivery and during the effective period of the hazardous substances ndemrnficattQn, such facility shall be considered an "Approved Alternative Facxhty zn.�r�ica�rl is uravalle, 'tlin Contractc►r shad rf� due ddigen , assessmen "ved Alter�ve F ?°Kn1p� «� ry A f by +1 .......... Contractor represents and warrants to City that the disposal of solid waste shall occur only at a Contractor Facility or an Approved Alternative Facility. Contractor represents and warrants to City that it will undertake reasonable efforts to ensure that the disposal of recyclable materials and green waste occur at a Contractor Facility or an Approved Alternative Facility. C. AB 939 Indemnification. In addition to its duties pursuant to SECTION 15, Contractor agrees to meet the requirements of City's Source Reduction and Recycling Element and its City Code with respect to the waste stream covered by this Agreement. Contractor agrees to protect, defend, indemnify and hold City harmless against all fines or penalties imposed by the California Integrated Waste Management Board in the event the diversion, source reduction and recycling goals of AB 939 are not met by the C of Diamond Bar I ith re t to the '� waste stream covered b this Agreement Y gtEOr' fit �tl , OR ' pade tb .: A�t�en , or Contractors delays in providing information prevent City from submitting reports required by AB 939 in a timely manner. City and Contractor agree to negotiate with respect to any additional AB 939 -related services, which Contractor and City agree Date of Pfiarng:.August 10,2000 Diamond Her Integrated Waste Management services Agreement to implement. D. Workers' Compensation and Employers' Liability Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement full workers' compensation insurance and Employers' Liability Insurance with a minimum limit of ONE MILLION DOLLARS ($1,000,000.00) in accord with the provisions and requirements of the Labor Code of the State or California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail., return receipt requested, has been given to City. The policy shall' also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses that arise from work performed by the named insured for the City. E. Liability Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00) aggregate and FIVEMILLION DOLLARS ($5,000,000.00) per occurrence and a Commercial: Auto Liability Insurance policy with a minimum limit of FIVE MILLION DOLLARS ($5,000,000.00). Said insurance shall protect Contractor and City from any'claims for damages for bodily injury, including accidental death, as well as from any claim for property damage, which may arise from operations, performed pursuant to this Agreement. The following language is required to be made a part of all of the insurance policies required by this SECTION: 1. "The City of Diamond Bar, its elected officials, its employees, agents, volunteers and officers, are hereby added as additional insureds, to the extent of Contractor's indemnification obligations as set forth herein, but excluding negligence or willful misconduct, as respects liability arising out of activities performed by or on behalf of Contractor. 2. „This policy shall be considered primary insurance as respects any other valid and collectible insurance the City of Diamond Bar may possess including any self-insured retention the City of Diamond Bar may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." 3. "This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. 4. "Thirty (30) days' prior written notice by certified mail, return receipt requested, shall be given to the City of Diamond Bar in the event of suspension, cancellation, reduction in coverage or in limits or non-renewat of this policy for whatever reason. Such notice shall be sent to the City Manager, City Attorney and City Clerk. The insurance required by this Agreement shall be with insurers that are Best A+ rated, and California-Admitted, or better. The City shall be included as an additional insured on each of _lg_ Date of Printing: August 10, 2000 Diamond Bar Integrated W88W Managemo t Services Agreewnt the policies and policy endorsements. The insurance required by this Agreement is in addition to, and not in lieu or limitation of, the indemnification provisions in SECTIONS 17.A, 17.B and 17.C, above.Contractor shall obtain the written consent of City's Risk Manager prior to changing insurers providing insurance under this Agreement, which consent shall not be withheld unreasonably. F. Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of this Agreement, Contractor shall file ajo�se066-e€�16R ' denting the, above -required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for, thirty years (30 years) after the end of the term during which collection services are to be provided pursuant to this Agreement. Contractor shall notify City's Risk Manager and C�tto be estroyui Copies of such 1� rat j�yy rney fore d g licies £ LW.Ad � f `Y H f \�vQf' Y 6 `�{ �h 4 Po »,.1�Aimi ... ,.... .., . cwt► This provision shall survive the expiration of the period 'during which collection services are to be provided under this Agreement. G. Self -Insurance. To the extent provided by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California. H. Reduction of CERCLA and Other Liability. City and Contractor agree to meet annually in the fourth' calendar quarter of each calendar year to discuss ways to reduce their respective potential CERCLA and other liabilities to third parties. SECTION 18. CASH AND PERFORMANCE BONDS. A. Prior to the start of collection services under this Agreement, Contractor shall deposit funds, on terms satisfactory to City, in an interest-bearing account at an institution satisfactory to both City and Contractor, or provide a letter of credit, from an institution satisfactory to City, at the option. of Contractor, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). (The funds on deposit and the letter of credit are referred to collectively in this Agreement as the "Cash Bond".) In addition to the Cash Bond, Contractor, at its option, shall deposit either 'a letter of credit or a performance bond (collectively referred to as "Performance Bond") in the amount of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00), or in such lesser amount as the City Manager may determine to provide adequate protection to the City. The Cash Bond (including any letter(s) of credit) and the Performance Bond (including any letter of credit) (collectively referred"to as "Bonds") shall be on terms acceptable to the City Attorney. The Bonds shall serve as security for the faithful performance by Contractor of all the provisions and obligations of this Agreement. All interest on a cash deposit, if made, shall accrue to Contractor Diam xW Bat 10.g -ted W-te Mann—.t S.... Agreement 20.A.1. 2. To provide monetary remedies or to satisfy damages assessed against Contractor due to a material breach of this Agreement; or 3. To satisfy an order of the City Council. C Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Bonds to the original amount within thirty (30) days after notice from the City that any amount has been withdrawn from the Bonds. Contractor shall be relieved of the foregoing requirement to replenish the Bonds during the pendency of an appeal from the City's decision to draw on the Bonds. The amount of the Bonds shall be adjusted annually on the anniversary of the execution of this Agreement. The annual adjustment shall be in the annual percentage January -to - January change in the Consumer Price Index for all Urban Consumers (National CFI -i). D. In the event the City draws on the Bonds, all of City's costs of collection and enforcement of the provisions relating to the Bonds called for by this SECTION, including reasonable attorneys' fees and costs, shall be paid by Contractor. E. Any decision or order of City under this SECTION 18 may be appealed by Contractor through the dispute resolution procedures provided by SECTION 20 and 21 of this Agreement. SECTION 19. EMERGENCY SERVICE. A. Should Contractor for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in SECTION 25.A, "]Force Majeure," below, refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the solid waste which it is obligated under this Agreement to collect, and as a result, solid waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager in the reasonable exercise of the City Manager's discretion, shouldfind that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all solid waste which Contractor is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Contractor during the period of such emergency, before contracting with another solid waste enterprise to collect and transportany or all solid waste which Contractor would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Contractor is unable to provide such services. In such event Contractor shall identify sources from which such substitute solid waste services are immediately available, and shall reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide collection and transportation services required by this Agreement. B. Contractor will assist City in the event of major disaster, such as an earthquake, storm, flood, fire, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at the rates provided in EXHIBIT "An. -21- Date of Printing: Augufft 10, 2000 Diamond Bar h t rated Waste: Management Services Agreement C. Contractor shallfurnish to the City upon request at no additional charge emergency containers to store materials and supplies to be used inthe event of an emergency. Said containers shall be placed at all public schools and at City Hall or other City Facilities identified by the City Manager, SECTION 20. ADAMiTSTRATIVE RFAIMIES TERABNATION. A. Notice; Response; Resolution; Appeal. L Notice of Deficiencies; Response. If City's Integrated Environmental Services Coordinator ("Coordinator") determines that Contractor's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California. Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local I law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and hazardous waste, the Coordinator may advise Contractor in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The Coordinator, in any written Notification of Deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period ° of time, Contractor shall respond to the written Notification of Deficiencies within thirty (30) days from the receipt by Contractor of ` such written notice. Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time.- 2. Review by Coordinator; Notice of Appeal. a. The Coordinator shall review any written response from Contractor and decide the matter. If the Coordinator's decision is adverse to Contractor, the Coordinator may order remedial actions to cure any deficiencies, assess the Cash, Bond or invoke any other remedy in accordance with this Agreement and, in the event the Coordinator determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The Coordinator shall promptly inform Contractor, of the Coordinator's decision. In the event the decision is adverse to Contractor, the Coordinator shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the Coordinator's decision and any remedial action taken or ordered. An adverse derision by the Coordinator shall be final and binding on Contractor unless Contractor files a "Notice of Appeal" with the City Clerk (with copies to the City Manager and City Attorney) within 30, days of receipt of the notification of the adverse decision by the Coordinator. b In any "Notice of Appeal" Contractor: shall state its factual contentions and include any relevant affidavits, documents, photographs and videotapes which Contractor may choose to submit. In addition, Contractor shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. -22- Daft of Printing: August 10, 2000 Dkmand Bar Intcgrat d Waste.Maaagement Services Agreement 3 Review by City Manager; Appeal, a Within thirty (30) days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. If the City Manager's decision is adverse to Contractor, the City Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement; and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with SECTION 20.B and 20.C, below. The City Manager shall promptly inform Contractor of the City Manager's decision. In the event the City Manager's decision is adverse to Contractor, the City Manager shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager's decision and any remedial action taken or ordered. - b. An adverse decision by the City Manager shall be ; final and conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days Of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis and all legal contentions and shall include all relevant evidence, including affidavits, documents, photographs and videotapes, which Contractor may choose to submit. B. City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Contractor, the City Council will set the matter for an administrative hearing and act on the matter. If the City Council elects to hear the matter, the City Clerk shall give Contractor fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following: 1.. A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options. 2. The Coordinator's written Notification of Deficiencies; 3. Contractor's response to the Notification of Deficiencies 4. The Coordinator's written notification to Contractor of adverse decision; 5. Contractor's Notice of Appeal 6. The City Manager's written notification to Contractor of adverse decision; and 7.. The Notice of Appeal to the City Council. No new legal issues may be raised, or new evidence submitted by Contractor or City at this or at any further point in the proceedings, absent a showing of good cause. Contractor's representatives and other interested persons shall have a reasonable opportunity to be heard; C. City Council Determination. Basel on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, _23_ Date of Printing: August 10, 2000 Ditsmond Bar Integrated Waste Management services Agreement based .upon the administrative record, the City Council determines that the performance of Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the, exercise of its discretion, may order Contractor, to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor's performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive. Contractor has the right to file an appeal with a judicial court as indicated in SECTION 20.D. With the exception of draws on the Cash ,Bond, the execution ofd City`s remedies 60,100, , ,`S shall be stayed until Contractor has exhausted its appeals under SECTIONS 20 and 21 of this Agreement. D. Appeal to Court. Except as otherwise provided in this Agreement, Contractor may appeal any decision, order or action by the City Council under this SECTION 20, as provided in SECTION 21, below, by filing a legal action with a Court having jurisdictional authority within ten (10) business days of receipt of the decision by the. City Council and following the procedures set forth in SECTION 21, below. A decision of the City Manager to refer a matter to the City Council may not be appealed. E. Reservation of Rights by Citypblect,to ota<trtarxrigln _City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 1. If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotia- tions which preceded the execution of this Agreement; 2. If Contractor becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding; 3. If Contractor fails to provide or I maintain in full force, effect and amount, the workers compensation, liability and indemnification coverage, Cash and Performance Bonds as required by this Agreement;' 4. If Contractor violates any orders or rulings of any regulatory body having jurisdiction over Contractor relative to this Agreement, in any material manner, provided that Contractor may contest any such orders or rulings by appropriate proceedings -conducted in good faith, in which case no breach of ;this Agreement shall be deemed to have occurred until a final decision adverse to Contractor is entered; 5. If Contractor ceases to provide collection service as required under this Agreement over a substantial portion of the area of the City of Diamond Bar for a period of two (2) -24- Date of Printitrg: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement calendar days or more, for any reason within, the control of Contractor; b. If Contractor fails to make any payments required under this Agreement or refuses to provide City with required information, reports or test results as to a material matter in a timely manner as provided in this Agreement; 7. Any other act ,or omission by Contractor which. materially violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written Notification of Deficiencies or if Contractor cannot reasonably cor- rect or remedy the breach within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such alleged deficiencies within the time set forth in such notice and diligently effect ;such correction or remedy thereafter. F. Cumulative Rights. City's arights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement. SECTION 21. APPEAL TO JUDICIAL COURT; HEARING PROCEDURES. Either party to this Agreement at any time after exhaustion of administrative remedies, if applicable, and following the appeal procedure set forth in SECTION 20, if applicable, may appeal a disputed matter to the appropriate Judicial Court having jurisdiction pursuantto California Code Of Civil Procedure. The venue of any proceeding hereunder shall be as indicated in SECTION 2,5.17. SECTION 22. CITY'S ADDITIONAL R.FAVEDIES In addition to the remedies set forth above, City shall have the following rights 3 the Cr A. The right to contract with others to perform the services otherwise to be performed by Contractor; and B. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by, Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach thereof. SECTION 23 TRANSFER OF RIGHTS; CITY CONSENT; FEES. A. The rights granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned (collectively "transferred"), nor Sha ll'any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of Contractor or by operation of law, without the prior written consent of the City expressed by resolution. Any attempt to do any of the 'foregoing with respect to any of the -25- Date of Printing: Augvm 10, 2000 Diamond Bar integrated Waste Management services Agreement rights herein without the consent of City shall be void. For purposes of this Agreement, any dissolution, merger, consolidation, change in control or other reorganization of Contractor shall be deemed an assignment of this Agreement. For purposes of this SECTION, a change of corporate name arid` �tp an t<ty under eomia�inrcil�texIiip ;pf Co u..., iiiad�or shall not be deemed a transfer of rights, B. The City shall not unreasonably withhold its consent to a transfer of the rights granted by this Agreement. The City may impose reasonable conditions of approval on a transfer. The applicant for the transfer shall demonstrateto the 'City's satisfaction that it has the operational and financial ability to carry out the obligations of the Agreement. C. Any application for a transfer of rights shall be made in a manner prescribed' by the City's Coordinator. The application shall include a Transfer Application Fee in an amount to be set by City, by Resolution of the Council. The Transfer Application Fee is intendedto offset the City's anticipated costs of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze the application. Contractor shall reimburse the City for all reasonable consultants', attorneys' and staff costs `directly related to the City's consideration of the application for transfer not offset by the "Transfer Application Fee, whether or not the City approves the application for transfer of rights. City's request for reimbursement under this SECTION shall be supported with evidence of the expense or cost incurred. Contractor shall reimburse City within thirty (30) days of receipt of City's request for reimbursement. SECTION 24. USE OF PROGRAM NAME. The program name "Diamond Bar Recycles" refers to all Integrated Solid Waste Management Services available to service recipients of the City of Diamond Bar. Contractor may use "Diamond Bar Recycles" to help people identify with the civic pride and environmental good of responsibly managing solid waste. Contractors use of the program namedoes not relieve Contractor of ,its obligations under this Agreement, nor is it to be construed as constituting an arrangement by the City for the disposal of solid waste, nor to create an agency relationship. SECTION 25. GENERAL PROVISIONS. . A. Force Majeure. Contractor shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services of Contractor are temporarily interrupted for any of the following reasons: riots; war or national emergency declared by the Presi- dent or >Congress and affecting the City of Diamond Bar; sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, ' landslides and fires; strikes, lockouts and other labor disturbances; or other catastrophic events which are beyond the reasonable control of Contractor. Other catastrophic events" does not include the financial inability of Contractor to perform or failure of Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public entity where such failure occurs where Contractor has failed to exercise reasonable diligence.In the event a labor disturbance interrupts collection and transportation of residential solid waste, and/or disposal of residential solid waste by Contractor as required under this Agreement, City may elect to exercise its rights under SECTION 22 of this Agreement, -26- Date of Printing: August 10, 2000 Diamand-Bar Integrated Waste Management Services Agreemeet B. Computer Hardware and Software. Contractor will be required to obtain all necessary computer software, hardware, supplies, personnel and training at Contractor's expense to comply with the City's reporting requirements. Contractor will incur all costs of moving comput- ers, including phone lines in the event they need to relocate. Contractor will maintain a computerized data base, with the capacity to maintain an account history of at least eighteen months Any older account information will be maintained on diskettes, tape,, zip drive, or a Bernoulli carted a far the full term of the contract and 4 period of W;r . ��� �� .�n_o tar o:Agreoineut . City will have access to these records during regular business hours. C. Independent Status. Contractor is an independent entity and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, Contractors ,and sub -Contractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor, nor an arrangement for the disposal of; hazardous substances. Naimag-Contractor nor its officers, employees, agents or sub -Contractors shall obtain any rights to retirement or other benefits, which accrue to City employees. D. Pavement Damage. Normal wear and tearon City streets resulting from general vehicular traffic excepted, Contractor shall be responsible for damage to City's driving surfaces, whether or not paved, resulting from the operation of Contractor's vehicles providing solid waste collection services within the City. Contractor understands that the exercise of this Agreement may involve operation of its collection vehicles over private roads and streets. Disputes between Contractor and its service recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Contractor as a matter within its sole responsibility and as a matter withini the scope of SECTION 17.A., above. E. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Contractor to public or private property shall be repaired or replaced by Contractor at Contractor's sole expense. Except as provided in SECTIONS 17 and 25.1), above, this Agreement does not purport to affect, in any way, Contractor's civil liability to any third parties. F. Law to Govern, Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts of laws. In the event of litigation between the parties, venue in state trial courts shall' lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the District of California in which the City of Diamond Bar is located. G. Gratuities. Contractor shall not, nor 'shall it permit any officer, agent or em- ployee to request, solicit, demand or accept, either directly or indirectly, any gratuity for the collection of solid waste required to be collected under this Agreement. H. AB 939 Amendments._ This Agreement is part of City's efforts to comply with the provisions of the California Integrated: Waste Management Act of 1989, ("AB 939") as it from 27_ Date of_ 1?nnLng: Aug" 10, 2000 � I Diamond Bar 3nbcgra6ed Wasw Management services Agreement time to time may be amended and as implemented by the regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended, and the City's Source Reduction and Recycling Element, as it may be amended from time to time. In the event that AB 939 or other state or federal laws or regulations enacted or amended after this Agre- ement has been executed prevent, preclude, or eliminate the need for compliance with one or more provisions of this Agreement, or significantly increase Contractor's costs, such ,provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. In the case of an amendment to the laws which has the effect of eliminating the need for a service provided for in this Agreement and City informs Contractor that City desires to discontinue the service, City and Contractor shallnegotiate a reduction in rates. In the case of an amendment to the laws that increases the cost of Contractor's service, Contractor may seek a rate increase to offset the costs directly attributable to the amended or newly enacted provision of law or regulations. L y Pie Purported All amendments to this Agreement shall be in writing, duly Amendments. executed b the s. oral amendments shall be void and of no force or effect. J. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by telecopier or United States certified mail, postage prepaid, follows: return receipt requested, addressed as To City: City Manager City of Diamond Bar 21660 Copley Drive, STE 100 Diamond Bar, California 91765 Telecopier Number 909, 861.3117 Copy to: Director of Public Works City of Diamond Bar 21660 Copley Drive, STE 190 Diamond Bar, California 91765' Telecopier Number 909.861.3117 And to: Michael Jenkins, City Attorney Richards, Watson & Gershon Thirty-eighth Floor, 333 South Hope Street Los Angeles, California 90071-1469 Telecopier Number 213.626-0078 To: ' Michael L. Stephan, District Manager Waste Management of San Gabnel/Pomona Valley 13940 E. Live (yak Avenue Baldwin Park, California 91706 -28- Date of fritting: August 10, 2000 Diamond Bar Int.grated Waste Maneganent services Agreement Telecopier Number 626.814.1955 or to such other address as either party may from time to time designate by notice to the other given in accordance with this SECTION. Notice shall be deemed effective on the date personally served or sent by 4MM telecopier or, if mailed, ,mdw_� ... ...:..: ......:: rept. K. Contract Administrative Processing Fee. The process of selection of a contractor for the expressed purpose of establishing rights to collect refuse or recyclables is both time consuming and resource depletive. The . Contractor shall remit a one-time Administrative Processing Fee to the City. The Administrative Processing Fee is intended to offset the City's anticipated costs of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze the contractor's proposal and prepare its contract. Contractor shall pay the City the fee within thirty (30) days of receipt of City's request for payment. For purposes of this agreement, the fee shall be based on the amount of waste currently disposed in the awarded sector divided by the total waste disposed for the entire City as established by permitted haulers' reports. L. Savings Clause and Entirety. If any non -material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shad not affect the validity and enforceability of any of the remaining provisions of this Agreement M. Joint Drafting. This Agreement was drafted jointly by the parties to this Agreement; O. Inclusion of Additional Documents. This Agreement incorporates by reference the following specific documents. the RFP distributed by the City (EXHIBIT "D") the proposal by the Contractor (EXI-IIBIT "E"), and any amendments or provisions by either party that affects the terms of the Agreement limited in that the invalidity or unenforceability of such amendment or provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement: -2'9-' Date of Printing: Aegust 10,MW CITY OF DIAMOND BAR Agenda Report AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: August 15, 2000 REPORT DATE: August 10, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Award of Contract to Valley Vista Services, Inc., for Refuse Collection, Transportation, Disposal, andRecycling for the Non -Residential Sector SUMMARY: This staff report addresses the Agreement recently negotiated with Valley Vista Services, Inc. ("Contractor"), for exclusive collection of refuse from all. non-residential sector generators. This Agreement covers all bin -served accounts and temporary roll -off box service, including residential units that use bins. The Agreement was negotiated based on direction given by the City Council at its meetings of June 6 and August 1,, 2000. Council requested that staff negotiate with the Contractor to come to a 10 -year agreement on provision of services for the non-residential sector. RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a ten-year Agreement (8/15/00 through 8/15/10) with Valley Vista Services, Inc., to provide exclusive refuse -collection, transportation, disposal and recycling services for the non- residential sector, within the City of Diamond Bar. LIST OF ATTACHMENTS: _X Staff Report Public Hearing Notification Resolution _ Bid Specification _ Ordinance X_ Other (Agreement) EXTERNAL DISTRIBUTION` SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance, or agreement been reviewed? X Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes No 4. Has the report been reviewed by a Commission? N/A Yes No Which Commission? 5. Are other departments affected by the report? N/A —Yes No Report discussed with the following affected departments: REVI W D Y: —Ad4 �_ Terrence L. Belan4 Jatfffes DeStefno avf G Liu City Manager Deputy City M nager Director of Public Works C3MMmhma CITY OF DIAMOND BAR Staff Report AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE. August 15 2000 REPORT DATE: August 10, 2000 FROM: Terrence L. Belanger, City Manager' TITLE: Award of Contract to Valley Vista Services, Inc., for Refuse Collection, Transportation, Disposal, and Recycling for the Non -Residential Sector Background This staff report addresses the Agreement recently negotiated with Valley Vista Services, Inca ("Contractor)., for exclusive collection of refuse from all non-residential sector generators. This Agreement covers :all bin -served accounts, temporary roll -off box service, and residential units that use bins. The Agreement was negotiated; based on direction given by the City Council at its meetings of June 6 and August 1, 2000. Council requested that staff negotiate with the Contractor to come to a 10 -year agreement on provision of services for the non-residential sector. Discussion Through a process of negotiation meetings held with the representatives of the Contractor, the City has drafted an Agreement meeting the needs of the City and delineating the responsibilities of the Contractor. This Agreement is attached, and. it has been reviewed for content by the Contractor, the City Attorney, the Integrated Environmental 'Services Coordinator, and the City Staff. The Agreement is modified from that presented to the Council and to the RFP proposers earlier in the year. Among the key changes is the deletion of references to barrel -served residential accounts and any programs related to that sector; additions are also made in the way of specific exhibits such as rates, rate adjustment methodology, and implementation schedule. The complete contract document includes: • Agreement • Contractor's proposal, dated April 7, 2000 • City's RFP • Other information submitted by the Contractor Among the items of particular importance is the program implementation schedule (see Attachment "A".) The Contractor submitted a draft implementation schedule that would inform all non-residential customers of the impending change in collection arrangements, the requirements for meeting diversion goals, and the standards of the City embodied in the City Code for implementing sour=ce reduction and recycling programming. Staff Report to Council — Nonresidential Sector Agreement August 10, 2000 Page 2 of 2 Financial Summary By approving the Agreement, the City is entering into a 10 -year Agreement with the Contractor for the specified services in the non-residential sector. As part of this Agreement, the Contractor will remit regular AB 939 fees (Integrated Waste Management Fund or IWMF), and a Contract Administration Fee. The AB 939 fee is currently set at six dollars ($6) per bin per month and $40 per roll -off box per month. In the RFP, the City has required that upon execution of an Agreement, the Contractor wig be required to remit a one-time administrative fee of $50,000 to reimburse the City for staff time and out of pocket expenses in developing and awarding the contract. Staff has proposed that this fee be based on the amount of non- residential waste generated by the non-residential sector divided by the total waste (residential and non-residential) disposed for the entire City as established by the hauler's reports. It is also noted that five-year discontinuance rights exist for Waste Management of San Gabriel/Pomona Valley, which is our residential sector hauler. Waste Management will continue to service existing bin or box -served non-residential sector customers exclusive of any new temporary roll -off box business. This creates a situation whereby Valley Vista Services, Inc. will not have exclusive access to all non-residential accounts for at least five years after execution of the Agreement: Recommendation That the City Council approve and authorize the Mayor to execute a ten-year Agreement (8/15/00 through 8/15/10) with Valley Vista Services, `'Inc., to provide exclusive refuse collection, transportation, disposal and recycling services for the non-residential sector, within the City' of Diamond Bar,: Prepared by: David G. Liu, Directorof Public WwWj. Michael Huls, Integrated 8nvironmental Services coordinator` -. _ _�. �: ;. � . - - ,. � _ ,aro _ � -,.; '' �I AGREEMENT FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES FOR THE NON-RESIDENTIAL SECTOR This AGREEMENT FOR INTEGRATED WASTE MANAGEMENT SERVICES ("Agreement") is entered into this day of August, 2000, by and between the CITY OF DIAMOND BAR ("City'), a municipality, and VALLEY VISTA SERVICES, INC. ("Contractor"), a private corporation, for the collection, transportation, recycling, composting and disposal of non-residential solid waste, including green waste and recyclable solid waste. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, (the "Act" or "AB 939") established a solid waste management process which requires cities and other local jurisdictions r to implement plans for source reduction, reuse and recycling as integrated waste management practices; and WHEREAS, the Public Resources Code, including § 40059; provides that aspects of solid waste handling of local concern include but are not limited to frequency of collection; -means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise, contract, license or otherwise which may be granted by local government under terms and conditions prescribed by the governing body of the local agency; and WHEREAS, the City is obligated to protect the public hearth and safety of the residents and businesses of the City of Diamond Bar and collection of solid wastes should be made in manner consistent with the exercise of the City's obligations for the protection of public health and safety; and WHEREAS, the City and Contractor are mindful of the provisions of the laws governing the safe collection, transport, recycling and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S. C. §§ 6901 et" sect, and the Comprehensive Environmental Response, Compensation and Liability .Act ("CERCLA"), 42 U S.C. §§ 9601 et 5pQ•; and WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby, becoming a "'generator" or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Contractor, an independent entity, and not City, which will collect from commercial premises in the City of Diamond Bar, transport and dispose of solid wastes (which may contain small amounts of consumer products with the characteristics of hazardous substances); collect, transport, and recycle and/or compost green waste and recyclable solid wastes collected from premises in the City of Diamond Bar; and WHEREAS, there are no places within the City of Diamond Bar where landfills are located, or which are suitable for the siting of a landfill, and therefore residential and non- residential solid waste must be exported from the City; and _ Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement WHEREAS, the Contractor, and not the City, will select the transfer station, landfill or transformation facility destination of the unrecovIerable .solid waste that Contractor will collect and City has not, and by this Agreement does not instruct Contractor on its collection methods, nor supervise the collection of waste, and WHEREAS, Contractor represents and warrants to City that it has the experience, responsibility and qualifications to conduct recycling programs, to provide City with information sufficient to meet the City's reporting requirements under AB 939, to meet" the City' s requirements as set forth in City's Source Reduction and Recycling Element, which, by this reference, is incorporated into and made a part of this Agreement, to assist the City in meeting City's other requirements under AB 939, to collect, transport and dispose of solid waste in a safe manner which will minimize the adverse effects of collection vehicles on air quality and traffic and has the ability to indemnify, the City against liability under CERCLA, and WHEREAS, the City Council of the City of Diamond Bar determines and finds pursuant to California Public Resources Code Section 40059(a)(1), that the public health, safety , and well- being, including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Element, and the protection of the City against CERCLA liability, require that Contractor be awarded a contract for collection, recycling and disposal of commercial solid waste from premises in the City of Diamond Bar: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:' SECTION 1. GRANT OF RIGHT AND PRIVILEGE TO' COLLECT NON- RESIDENTIAL SOLID WASTE AND RECYCLABLE MATERIAL. A. Binding Agreement. In consideration of the mutual promises contained herein, City and Contractor agree to be bound by and comply with all of the requirements of this Agreement. B. Grant ©f Rights; Exclusions. This Agreement grants to Contractor for the period specified in SECTION 3 of this Agreement during which ;collection services are to be proviof vilnon-residential sol d privilegethe right and waste' collect,fined pow process, recycle, compost, retain and dispose , in this Agreement, produced, generated and/or accumulated within the City, except as otherwise provided below. Service to all premises in the City utilizing bin and ' roll off box service is covered by this Agreement. The collection and disposal of construction and demolition waste and/or debris from commercial premises and residential development projects, using roll -off boxes, is within the scope of this Agreement. Collection of residential solid waste from bin -served multi -family residences (VERs) and those single-family residences (SFRs) that utilize bins rather than barrels is within the scope of this Agreement. However, temporary bin and roll > off box service to residential customers is not covered by this Agreement: In addition, and as provided below, specialized source -separated "niche" recycling services, e.g., collection of used hot water heaters, <specialized routes for organic wastes, etc., are excluded by City from the rights awarded by this Agreement. —2— Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management services Agreement C. Gardeners and Landscapers. This Agreement shall not prohibit gardeners ,and landscapers from collecting and composting or transporting green waste, as long as they transport such green waste to a Compost Facility or other site permitted for use of green waste as alternative daily cover (or exempt from permitting) by the California Integrated Waste Management Board (Board) in accordance with all governing laws and regulations. D. Sale or Gift of Recyclable Materials. This Agreement shall not be construed to prohibit any person from selling recyclable materials or giving recyclable materials away to persons or entities other than Contractor. F. Annexation. Territory that is annexed into the City boundaries shall be added to the area covered by this Agreement. F. Other Services; Niche Recycling Services. City reserves the right to enter into agreements with other entities for other solid waste and recycling services not provided for in this Agreement, including, but not limited to; street sweeping (and disposal incident to the conduct of street sweeping -operations), disposal of green waste produced by City's landscape maintenance operations, contract services, and "niche" recycling services which Contractor fails or is unable to provide. In instances concerning niche recycling services, the recyclable materials must be segregated from and not mixed with solid waste with a residue content of less than or equal to 10%. G Flow Control. City reserves whatever, if any, right it might receive from Congress to exercise "flow control" i.e., the right to select disposal facilities and materials recovery facilities to which the solid waste to be collected pursuant to this Agreement is to be taken. In the event City directs Contractor to transport solid waste to a particular disposal or other facility, City and Contractor agree to use their best efforts to obtain indemnification against CERCLA and related claims from the operator of the landfill or other destination to which solid waste collected pursuant to this Agreement is taken for dispposal. In the event City requires Contractor to utilize a landfill or other disposal facility not owned or operated by Contractor or an affiliate of Contractor, Contractor shall be relieved of its liability with respect to the matters addressed in SECTION 17.B of this Agreement with respect to the solid waste delivered to a disposal facility, designated by City. In the event that City selects a transfer or disposal facility, Contractor shall be entitled to a rate adjustment to offset for any substantiated increase in expenses resulting from the City's 'exercise of flow control. SECTION Z. CONTRACTOR'S REPRESENTATION AND WARRANTY REGARDING DISPOSAL FAcium5. Contractor represents and warrants to City that Contractor will dispose of all solid waste (except for recyclable solid waste and green waste) collected pursuant to this Agreement at a "Contractor facility or an "Approved Alternative Facility" as those terms are defined in this Agreement. _� Date of Printing: August 10, 2000 Diamond Har Integrated Waste Management Services Agreement SECTION 3. TERM A. Collection services under this Agreement shall be provided commencing on the day of August 2000 and ending at midnight on the fifteenth day of August, 2010. B. This Agreement requires Contractor to provide services (e.g., customer information)prior to the start of collection. Additionally, the Contractor must provide other services (e. g., access to landfill destination information, insurance, CERCLA and other indem- nification and an insurance policy repository) that survive the expiration of this Agreement. SECTION 4. DEFE'fMONS. Whenever any term used in this Agreement has been defined by the Diamond Bar City Code, Division 30 Part 1, Chapter 2 of the California Public Resources Code or the California Health and Safety Code, the definitions in the City Code, Public Resources Code or Health and Safety Code shall apply unless the term is otherwise defined in this Agreement. A. 'IAB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40,2000" et. seq. , as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board, or its successor. B. 'IAB 939 Feel' means the AB 939 fee or assessment imposed. by the City on Contractor because of its status as party to this Agreement and which, inter .aZa is intended to offset the City's expenses in administering this Agreement and Integrated Waste Management Program and to compensate City for damage to its streets, sidewalks, curbs and gutters and other infrastructure resulting from Contractor's exercise of its Contract Rights, the expenses of administering, the program for the solid" waste 'stream, reporting requirements under the Act and other related expenses. C. "Complaint" means a grievance, criticism, or objection in the form of a written letter or telephone call either to the City or to the Contractor regarding Contractor's performance of its duties under the terms of this Agreement. Typical "complaints" concern missed pick-ups, property damage caused by the Contractor, tardy service, unresponsiveness to requests, billing problems, and similar issues. "Complaints" exclude normal or standard service requests (e.g. exchanging a barrel,' can, or cart), and criticisms directed at the City's solid waste ordinance and its provisions, D. ''Construction and Demolition Waste" means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations. "Construction and Demolition Waste" from regularly nerved bin accounts and from roll off boxes used by nonresidential sources is within the scope of this Agreement. E. "Contract Rights" means the rights and privileges granted to Contractor by this Agreement. —4— Date of Printing: A Wd 10, 2000 Diamond Bar Integrated Waste Management Serviees Agreement F. "Green Waste" or "Yard Waste" means leaves, grass clippings, brush and branches generated from landscapes or gardens at any premises, and incidental pieces of scrap lumber no longer than twenty-four inches (24"), separated from other solid waste. For purposes of meeting existing compost and cover material markets, "green waste" includes holiday trees but does not include stumps or branches exceeding four inches (4") in diameter or four feet ;(41) in length. G ''Green Waste Containers" means containers provided by Contractor for the temporary accumulation of green waste. H. 'Materials Recovery Facility" means 1) a facility licensed or permitted in accordance with AB 939 which separates secondary materials, such as mixed glass and metal containers and processes them for sale to end users; 2) a firm that :purchases and markets source-separated solid wastes and recyclable materials. L '74ulti-Family Bins" means containers intended to be utilized for the temporary accumulation and collection of residential solid waste from multi-family residences that reflect service indicative of non--residential sector accounts. J "74ulti-Family Residences" I means residential units such as apartments, condominiums and town homes, other than single family residences (SFRs), which utilize multi- family bins :and/or barrels, cans, or carts, as defined in this Agreement, for the temporary accumulation and collection of residential solid waste. Multi-family residences (MF Rs) that use barrels are not covered by this Agreement. Hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places are covered by this Agreement, but are not defined as MFRS. K 'Recyclable NTaterials " means recyclable items that have been source-separated before having been discarded into the residential and/or non-residential solid waste stream. "Recyclable Materials " is a part of the solid waste stream which can be reused or processed into a form suitable for reuse through reprocessing or remanufacture, consistent with the requirements of AB 939. As of the date of execution of this Agreement,. recyclable materials includes the following items in addition to any that the Contractor may add from time to time with the written permission of the City Manager: 1 Aluminum cans; 2. Glass jars and bottles; 3. Steel, bi-metal and tin cans; 4. Plastic soda pop bottles and other Type #1 containers (PET—polyethylene terephthaleate) 5 Plastic milk and water jugs and other Type #2 containers (,HDPE-high density polyethylene), 6. Type 43 plastic containers (V— polyvinyl chloride); 7. Type #4 plastic containers (LDPE—low density polyethylene); 8., Type 45 plastic containers (PP— polypropylene); 9 Juice boxes and milk cartons (asepticpackaging) —5,. Date of Printing[ August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement 10. Newspapers; 11. M.txed paper (e.g., ledger, computer, junk mail, magazines, paperback books, envelopes, paper shopping bags and non-metallic wrapping paper) 12. Corrugated cardboard; 13. Chlorofuorocarbons (contained in' Bulky Goods set out for collection to be collected under SECTION 6. G) 14. Used motor oil and oil filters; 15. Tires (if set out for collection as Bulky Goods to be collected under SECTION 6. G); and 16. Wood: The foregoing list may be modified in writing to add additional recyclables as markets develop. Contractor shall collect all of the foregoing, and process and market such of the foregoing items as Contractor determines are feasible to market for recycling. L. "Recycled" means the act of having processed recyclable materials into a form suitable for reuse and having marketed those processed materials for a use consistent with the requirements of AB 939. The act of marketing does not require that revenue be generated from the processed materials: M. "Recycling Container" means any container for the temporary accumulation and collection of source-separated recyclable solid wastes delivered by Contractor, at Contractor's sole expense, to any premises covered by this Agreement o previously provided by City or any other entity. Title to recycling containers provided by Contractor shall be and remain in Contractor. N. "Nonresidential Solid Waste" means all types of solid waste generated by non- residential sources such as commercial enterprises, industries, and institutions, as well as bin-served MFRS. Solid wastes include all discards normally found to be disposed as solid waste, including green waste and recyclable materials, and which are placed for collection in bins of varying sizes. Solid wastes which originate from non-residential sources, SFRs, and MFRs located within the City that utilize bins and roll-off boxes are to be collected pursuant to this Agreement: "Non-residential Solid Waste" does not include multi family residences served by barrels, but it does include non- residential solid waste generated or accumulated at hotels, motels, nursing; homes or convalescent centers, barracks, dormitories or other similar places or institutions'.' O. 1 "Scavenging" means the unauthorized removal of recyclable materials. Scavenging is prohibited by Public Resources Code § 41950., SECTION 5. COMPLIANCE WITH LAWS AND REGULATIONS. Contractor warrants that it will comply with all applicable laws and implementing regula- tions of the federal and state government, as they, from time to time, may be amended, specifically including, but not limited to, RCRA, CERCLA and AB 939; and, with all applicable ordinances of the City including the existing solid waste ordinance and any amendments- -6— Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement SECTION 5. TYPES AND FREQUENCY OF SERVICE. A. Solid Waste Services - General. In order to protect the public health and safety, Contractor shall provide for the collection of non-residential solid waste (as defined by this agreement) generated or accumulated within the City not less often than once per week Contractor shall provide exact route maps and schedules to City, and be consistent with City plans, as Citty's air quality Traffic Demand Management Plan may be affected by routes and scheduling, as well as street sweeping services. B. Recycling Services. 1. Recyclable Materials Solid Waste Collection. Contractor shall provide collection services to each non-residential customer for the recycling of recoverable materials. Contractor shall deliver recycling containers upon customer request to be used exclusively for accumulation, separation and collection ` of recyclable materials. Contractor shall collect, remove and, if a market exists, recycle; all recyclable materials as defined pursuant to SECTION 4, placed in recycling containers. Contractor agrees to use its best efforts to process recyclable materials through a Materials Recovery Facility in order to maximize the diversion of residential solid waste from landfilling. Contractor is responsible as defined by ordinance that all commercial customers have some form of recycling and/or waste prevention service; whether the service is provided by the Contractor or another permittee. 2. Communis & Development Review Services. Contractor, upon City' s request, shall assist City'sCommunity & Development Services. Department in the review of applicants' plans for residential and non-residential development projects that will utilize bins to provide for effective and economical accumulation and collection of solid waste; including recyclable materials; 3 Purchase of Recyclable Materials. Contractor may offer services for the purchase of recyclable materials from its residential and non-residential solid waste service recipients, but will not have any exclusive rights to do so. 4. Scavenging Discouragement. Contractor will take whatever may be appropriate, lawful and effective to discourage scavenging of recyclable materials from the residential and non-residential solid waste stream. C. Green Waste Collection. Contractor shall collect and remove all green waste placed' in designated green waste containers, put out for collection at a location acceptable to the service recipient and Contractor at least once per week. Contractor, at its sole expense,' shall provide service recipients with decals, tags or other means of distinguishing; green waste containers: Contractor may provide MFR bin service recipients with containers 'suitable for automated collection of green waste, should Contractor, and customer agree to automated green waste services. ExaiBIT "C" and SECTION 1'7. B. shall govern the CERCLA indemnification for green waste collected by Contractor, along with all other solid waste. A Hours of Collection; Holidays. Contractor agrees that, in order to protect the —7— Date of Printing: August 10, 2000 .,A, Diamond Bar integrated Waste Management Services Agreement peace and quiet of residents, its collection of solid waste shall not start before 6:30 a.m. or continue after 6: 30 p.m. every day of the week No collections are to occur on Sundays or on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Site and route -specific exceptions may be made to these limitations by the City' Manager in the exercise of the City Manager's sole discretion, if requested by'Contractor. E. Holiday Tree Recycling. Contractor shall collect, transport and use its best efforts to recycle all Holiday Trees which are placed for collection r during the period beginning on the first collection day after December 25th and ending at 5:00 p: m. on the second Saturday in January from all residential bin -served customers. Holiday Trees placed for collection must be cut into lengths no longer than six feet, be free of ornaments, garlands, tinsel and flocking, and stands must be removed F. Telephone Directory Collection. As part of Contractor's recycling program, Contractor shall develop a cooperative program with distributors of telephone directories for the collection of outdated telephone directories from residential and non-residential service recipients covered by this Agreement: G. Bulky Goods Pick -Up. On an as -needed, on-call basis, the Contractor - will respond to up to four requests per year from its bin -served SFRs and MFRS units for collection of bulkygoods on the re g gulag collection day of each, week at no extra. charge. Each bulky goods collection willi be limited to a maximum volume of about three cubic yards unit.Collections y 1�' in excess of three cubic yards or the four pick-ups allowed annually will be subject to a surcharge as identified in Exhibit .A. This bulky goods service is solely for the use of residents, and does not extend to the collection of construction, renovation and demolition debris, or other similar materials Put out for collection at multi-famil units. Contractor` 1 n y shat of be required to remove automobile bodies, or any other items, which may not be safely handled by ,two persons. Contractor shall comply with all applicable regulations governing the recovery of ozone depleting refrigerants during the disposal of air conditioning or refrigeration equipment, including, but not limited to 40 C.F.R. Part82. - Bulky goods collected by Contractor may not be landfilled or disposed of until the following hierarchy has been followed by Contractor L. Reuse as is (if energy efficient) 2. Disassemble for reuse or recycling 3. Recycle 4. Diiposal. This hierarchy precludes the use of front- or rear -loading packer vehicles for bulky goods unless the compaction mechanise is not used to compact the bulky goods, or they have been designated for disposal. H. Customer Education Program. Contractor will develop and implement an Education Program for the City's Integrated Solid Waste program, including goals, strategies and timetables (at its sole expense) (see Exhibit "U). The Customer Education Program (CEP) will -�_ Date of Printing: August 10, 2000 Diamond Bar Integrated Waste )&nagement Services Agreement include information with respect to AB 939 diversion goals, bulky goods pick-ups, green waste diversion programs, incentive rates, special waste pick-ups, recycling, and the importance of the safe disposal of hazardous waste. Contractor will provide and distribute information on City's Community Television and literature in the form of fliers, cards, stickers, or otherwise as Contractor determines to be most effective. Contractor, may also. utilize other promotional activities to achieve the goals of this Agreement; including participation in school assemblies and demonstrations, Chamber of Commerce and other local activities, parades and other civic events, as approved in writing by the Integrated Environmental Services Coordinator. The CEP must be submitted upon execution of this Agreenimt, and any change in the CEP must be approved in writing by the City Manager. SECTION 7. COLLECTION EQUIPMENT. Contractor warrants that it shall provide an adequate number of vehicles and equipment for the collection, disposal and transportation services for which it is responsible under this Agreement. The Contractor shall abide by AQMD Rule 1193 when phasing in new collection vehicles after July 1, 2001. To protect peace and quiet in residential areas the noise level generated by comp . action vehicles using compaction mechanisms during the stationary compaction process shall not exceed a single -event noise level of eighty-six (96) decibels (dB)A at a distance of fifty (50) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Contractor shall submit to City" r Upon City's request; a certificate of vehicle noise level testing, by an indepen- dent testing entity, for any collection vehicle as to which City or Contractor has received more than one complaint regarding excessive noise in any twelve-month period. Contractor warrants that it will comply with all measures and procedures promulgated by all agencies with jurisdiction over the safe, sanitary operation of all its equipment Contractor agrees to use its best efforts to prevent damage to all streets over which its collection equipment may be operated and to obtain all required approvals for operation of its collection'vehicles on all streets. Contractor agrees to maintain its refuse containers in the City of Diamond Bar free of graffiti or "tagging.'" In addition, any emergency containers placed at schools and at City Hall or other City, Facilities must likewise be kept free of graffiti or Cd tagging. " Finally, Contractor shall mark all of its: refuse containers in the City with conspicuous notices warning that the disposal of hazardous substances i is prohibited. SECTION 8. PRIVACY. A. General. Contractor shall strictly observe and protect the rights of privacy of service recipients. Information identifying individual I service recipients, or the composition or contents of a service recipient's solid waste shall not be revealed to any person, governmental unit private agency or company, unless required by law or upon authorization of the service recipient. This provision shall not be construed to preclude Contractor from preparing participating in, or assisting in the preparation of solid waste characterization studies or waste stream analyses that may be required by AB 939. B. Mailing Lists. Contractor shall not market or distribute mailing lists with the names and addresses of service recipients. -9- Date of Printing-. August 10, 2000 Diamond Bar lutegrated Waste Management Services Agreement C. Privacy Rights Cumulative. The rights accorded service recipients; pursuant to this SECTION shall be in addition to any other privacy rights accorded service recipients pursuant to federal or state law. SECTION 9. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS. A. Refusal or Failure to Collect. When solid waste is not collected from any solid waste service recipient, Contractor shall notify its service recipient in writing, at the time collection is not made, through the use of a "tag or otherwise, of the reasons why the collection was not . - made. B. Hazardous Waste Inspection and Reporting. Contractor reserves the right and has the duty under law to inspect solid waste put out for collection and to reject solid waste observed to be contaminated with hazardous waste and the right not to collect hazardous waste put out with solid waste.' Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances: Control and Local Emergency Response Providers and the National Response Center of reportable quantities of hazardous waste, found or observed in solid waste .anywhere within the City. ,In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe' or suspect to Contain hazardous wastes unlawfully disposed Of Or released on any City property, including storm drains, streets or other public rights of way, Contractor shall immediately notify the City Manager or the. City Manager' s designee. C. Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of hazardous waste found in solid waste, which was inadvertently collected from service recipients within the City, but diverted from landfilling. SECTION 10. CUSTOMER SERVICE. A. Office Hours. Contractor has represented to City that Contractor will maintain an office with assigned personnel accessible by a local phone number. Contractor'soffice hours are to be from 7:00 a. in. to 6:00 p.m. on regular collection days. At Contractor's expense, its regular and emergency telephone numbers shall be Fisted in Diamond -Bar -area telephone directories under both Contractor's name and the City's name. Contractor shall > have the capability of responding to Service Recipients in English, Spanish; Chinese dialects and other languages necessary for communication between Contractor and its service recipients. In addition; Contractor's personnel shall be thoroughly trained' and versed in the specifics of the City's solid waste ordinance and Agreement provisions and amendments. B. Emergency Telephone Number. Contractor will maintain an emergency telephone number for use by City personnel only outside office business hours. Contractor shall have a representative, or an answering or call -forwarding service. to contact such representative, available at the emergency telephone number during all hours other than office hours. C. Service Complaints. City and Contractor agree_ that the protection of public health, safety and well-being require that service complaints be acted on promptly and that a record — Q_ Date of Printing:- August 10. 2000 Diamond Bar Integrated Waste Management services Agreement be maintained in order to permit City and Contractor to identify potential public health and safety problems. Accordingly, all solid waste service recipients' complaints shall be directed to Contractor. During office hours, Contractor shall maintain a complaint service and a telephone answering system. Contractor shall record all complaints, including date, time, complainant' s name and address if the complainant is willing to give this information, and date and manner of resolution of complaint. Contractor shall maintain this information in a computerized daily Service Complaint Log. In the case of a complaint for a missed collection received on a collection day, Contractor shall make the collection not later than 5 p.m. if it has been notified by noon, or on the first collection day after the complaint is received, if the complaint was not received until after noon. Any such calls received via Contractor's answering service shall be recorded in the Service Complaint Log the following working day. This Service Complaint Log shall be available for review by City representatives during Contractor's office hours and be accessible to the City during business hours via modem. Contractor shall provide a copy of this Service Complaint Log on computer disc, in a'format compatible with City's computersystem, to the City with the monthly report D. Customer. Service Standards. Customer care is among the most .important aspects of the services to be required of the Contractor. Contractor shall perform customer service at a level that can be measured by the following two standards: 1. The number of complaints in any one month period totaling no more than two and one-half percent (2.5%) of the number of non-residential customers served. In Diamond Bar, there are an estimated 300 accounts, meaning that in any given month, there must not be more than eight (8) complaints, Any complaint level in excess of this measure will be considered a separate violation of the Agreement' 2. Sufficient telephone line capacity during normal office hours to assure that a minimum of 90% of all calls will be answered before the fourth. (0) ring, and callers will not be required to wait more than an average of 30 seconds before being connected to any customer service representative or an automated information service. This standard must be measured quarterly, and the Contractor shall not exceed this standard or it will be considered a separate violation of the Agreement. In any 12 -month period, if the Contractor accumulates four or more separate customer service violations, it shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement or otherwise, provided, that the City must follow the procedures for dispute resolution found in SECTION 20 of this Agreement before declaring any such material breach SECTION 11, OWNERSHIP OF SOLID WASTE. Subject to Contractor's duties unifier SECTION 9 of this .Agreement, ownership and the right to possession of solid waste,, including green waste and recyclable materials, shall transfer directly from the service recipient to Contractor upon collection by Contractor. At no time. shall �' — Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement the City obtain any right of ownership or possession of solid waste or hazardous waste placed for collection and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights or obligations. SECTION 12. MARKETING OF RECYCLABLE SOLID WASTE. Contractor agreesto market all marketable recyclable materials collected pursuant to this Agreement. Contractor is entitled to all revenues received by Contractor from the marketing of recyclable materials. SECTION 13. RATES AND BILLING. A. hates. The rates for all solid waste (including green waste and recyclable materials) collection, transportation, processing, recycling and disposal services are set forth in EX131BIT "A" to this Agreement. B. Adjustment of Rates. Rates for all solid waste (including green waste and recyclable materials) services shall be adjusted only as set forth in EXHIBIT "A" to this Agree- ment. C. Resolution of Disputes Regarding Rate Adjustments. Any dispute, regarding the computation of a'rate adjustment shall be decided by the City Manager, or referred by the City Manager to the City Council as provided in SECTION 20. A'rate adjustment computation decision' by the City Manager or the City Council may be appealed by Contractor in accordance with the procedures provided in SECTIONS 20 and 21 The rates in effect at the time a rate adjustment dispute is submitted to the City Council or to a Court ° shall remain in effect pending resolution of that dispute. The effective date of a rate determined through the dispute resolution procedures provided in SECTIONS 20 and 21 shall be the next immediate billing cycle of the Contractor after the date of dispute resolution. D. Billing and Payment. Contractor shall bill all solid waste service recipients for solid waste services as indicated on EXHIBIT "A, and any other fees or charges, as determined by Contractor. Billings: may be made monthly, bimonthly or quarterly, as Contractor shall decide, for all service recipients. E. AB 939 Fee; Payment. Contractor shall pay; City an AB 939 Fee for each month during which Contractor provides collection services pursuant to this Agreement. The AB 939 fee shall he set by City Council Resolution but shall be no less than forty dollars ($40) per roll -off bin per month, and six dollars ($6) per month for each non -roll ,off bin utilized by service recipients. The Fee shall be paid by Contractor to City not later than 12:00 noon on or before the 31st calendar 'day after the end of each calendar month during which collection services were provided by Contractor. Accompanying, each monthly y payment shall be an accounting of the gross receipts for the corresponding month, and number of accounts ald/serve d, number of bins serviced, and other data. Failure of Contractor to make any payment within the appropriate time -period shall result in interest accruing thereon at the maximum rate permitted under California law, in addition to all other remedies of City pursuant to this Agreement. In addition, rates for any bins as defined within -12- Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement this agreement shall reflect City fees as stipulated by Council resolution, but shall not be'less than that currently levied. SECTION 14. CONTRACTOR'S BOOKS AND RECORDS; AUDITS. A. In addition to the record retention requirements of SECTIONS 16.H and 17Y, below, Contractor shall maintain, in electronic form as a minimum, all records relating to the services provided hereunder, including, but not limited to, route maps, customer lists, billing records, weight tickets, maps, AB 939 records, and customer complaints, for the period during which collection services are provided pursuant to this Agreement, and an additional period of not less than three (3) years after expiration or termination of this Agreement, or any longer period required by law. In addition, summaries of weight tickets identifying disposition of waste collected in the City shall be kept for a period of 30 years. The City shall have the right, upon reasonable advance notice, to inspect, audit and copy all of Contractor's records > relating to Contractor's provision of services pursuant to this Agreement, including, but not limited to, route reaps, customer lists, billing records, weight tickets, AB 939 records and service recipient complaints, Contractor's payment of fees to City and records which may be relevant in the event of an action under CERCLA or related claims. In the absence of extraordinary circumstances, five (5) business days' notice shall be considered reasonable. Such records shall be made available to City at Contractor's regular place of business, but in no event outside the County of Los Angeles. The City shall maintain any confidential or proprietary records of Contractor in confidence and shall not disclose such records except as required by any applicable public records disclosure law. Priorto destruction of records relating to the services provided pursuant to this Agreement; Contractor shall provide copies or originals of such records to City. 3. Should any examination or audit of Contractor's records reveal an overpayment or underpayment by Contractor, the amount of underpayment plus interest compounded monthly at the maximum lawful rate, shall be paid by Contractor to City >within thirty (30) days. The amount Of any overpayment shall be paid by City to Contractor in the ordinary course of business. SECTION 15. AB 939 REPORTING REQUIREMENTS. Contractor shall cooperate with City in solid waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the City's source reduction, recycling and waste stream diversion goals for the solid waste stream covered by this Agreement. During the period in which collection services are provided pursuant to this Agreement, Contractor at Contractor's sole expense, shalt submit to City information and reports necessary for City to meet its reporting obligations imposed by AB 939, and the regulations implementing AB 939, for the waste stream covered by this Agreement. Contractor agrees to submit such reports and information on computer discs, or by modem, in format compatible with City's computers, at no additional charge, if requested by City. SECTION 16. ACTIVITIES AND FINANCIAL REPORTS AND ADVERSE INFORMATION. A. Monthly and Quarterly Reports and Other Information. Contractor, at its -13- Date of Printing: August 10; 2000 Diamond Bar Integrated Waste Management Services Agreement' sole expense, shall submit to the City such other information or reports in such forms and at such times as the City may. reasonably request or require, including, but not limited to the following: 1. Monthly ftorts. Monthly Reports will be submitted to City, transmitted in a format acceptable to City, by modem or disc, at City's option, if requested by City. The monthly report shall show the number of tons collected and the tonnage delivered to disposal facilities, itemized by disposal facility. A computer, disc with >a copy of the customer complaint log shall be submitted with the monthly report. 2. Quarterly- Reports. In addition to providing a quarterly summary of the monthly reports, Quarterly Reports shall include the following: a. Recyclable Solid Wastes (including Green Wastes}: (1) A statement showing, by type of material, tons received each monthand tons marketed during the month. (2) A report providing recycling information and the number of service recipients participating. (3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent scavenging, This is to include a description of tons rejected for sale after processing (type of material, tonnage), reason for rejection and Contractor's disposal method for the rejected materials. (4) A report of recycling program promotional activities, including materials distributed by Contractor to its service recipients: (5) A report of the amount and types of bulky items collected including disposition. b Hazardous Waste Diversion Reports: A copy or summary :of the records required by SECTION 9.C, above. I R Annual Report. By April 15th of 2001 and each year thereafter that collection services are provided pursuant to this Agreement, Contractor shall submit to City a written year-end Annual` Report, for the preceding calendar year, in a form approved by the City. The Annual Report shall include information as to timely compliance with EXHIBIT "B" -14— Date of Printing: August to 2000 Diamond Bar Integrated Waste Management Services Agreement (IMPLEMENTATION SCHEDULE) and the following information for the year: 1. General Information. General information about Contractor, including a list of Contractor's officers and members of its board of directors. A copy of Contractor's most recent annual and other periodic public financial reports and those of its parent corporation,. affiliated corporations and other entities, if any, performingservices under this Agreement, as the City, following consultation with Contractor, may request, and as may be available. 2. Prior Year's Activities. A report of the previous calendar year's (or, in the case of the initial report, the initial months') activities, in the City, including a cumulative summary of the Quarterly Reports, and information and statistics with respect to City' s compliance with AB 939. 3. Recommendations. Changes in integrated waste management, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City's Source Reduction and Recycling Element or this Agreement, based on developments in the law or technology. Contractor's recommendations with respect to compliance with AB '939 shall state the specific requirement of AB 939 that the implementation of the recommendation is intended to satisfy; C. Reporting Adverse Information. Contractor shall provide City two copies (one to the City Manager, one to the City Attorney) of all reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, Local Enforcement Agency, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court. Copies shall be submitted to City simultaneously with Contractor's filing or submission of such matters with said agencies. Contractor's routine correspondence to saidagencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request D. Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement: and shall subject Contractor to all remedies which are available to the City under the Agreement or otherwise, provided, that the City must follow the procedures for dispute resolution found in SECTION 20 of this Agreement before declaring any such material breach. E. City's Review of Contractor's Performance. Annually, within ninety days of City's receipt of the Annual Report required by SECTION 16. B, above, City shall review the Annual Report and other available information and may hold a public hearing to determine whether Contractor's performance,for the year reported on was satisfactory and whether to implement any changes recommended by Contractor. The reports required by this Agreement shall be utilized as the primary basis for review. ' In addition, any customer comments' or complaints and any other relevant information may be considered, A Contractor representative shall be entitled to be present and may participate at any public hearing held by City to review Contractor's performance. If any -15— DateufPrinting: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement noncompliance with the Agreement is reported to have occurred, City shall offer Contractor the opportunity to comment and offer information in rebuttal and to correct any deficiencies. F. Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Contractor. a. Certification: Contractor will provide a certification statement, under penalty of perjury, by the responsible corporate official, that the report is true and correct. G. Submission of Reports. Reports shall be submitted to: City Manager [or designated representative] City of Diamond Bar 21660 East Copley Drive, STE 100 Diamond Bar, California 91765 Facsimile Number: 909.861:.3117 Contractor agrees that cooperation between Contractor and the City is critical to the success of this program. City reserves the right to request from Contractor additional information reasonably and directly pertaining to; this Agreement on an "as -needed" basis: H. CERCLA Defense Records. City and Contractor agree that the ability to defend against CERCLA and related litigation is of great importance. For this reason, City and Contractor regard the ability to prove where solid waste collected in the City was taken for disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems which,, in the event of litigation, can establish where solid waste collected in the City was landfilled (and therefore establish where it was not landfilled), and will provide a copy of the reports required by SECTIONS 9.B, "Hazardous Waste Inspection and Reporting," 9.C, "Hazardous Waste Diversion Records" and 16.A, "Monthly and Quarterly Reports, " above, to the City Clerk In addition; Contractor agrees to maintain electronic copies of the foregoing reports for thirty (30) years after the end of the period during which collection services are to be provided pursuant to this Agreement. Contractor agrees to notify y Ci ' s Risk Manager and City Attorn_ey ;before destroying Contractor's copies of such records.Tisprovi Ston shall survive the expiration of the period during which collection services are to be provided under this Agreement. SECTION 17. INDEMNMCATION AND INSURANCE. A. Indemnification of City. Contractor, upon demand of the City, made by and through the City Attorney, shall protect; defend, indemnify: and hold harmless City, its elected officials, officers, employees, volunteers and agents from and. against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees; arising out of or resulting in any way from Contractor's exercise of its :Contract Rights, including the provision of -16- Date of Printing: August 10; 2000 r -------- Diamond -- Diamond`Bar Integrated Waste Management Services Agreement services under this Agreement, unless such claim is due to the sole negligence or willful acts of the City, its elected officials, officers, employees, agents or contractors. Contractor, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and; agents, in any claims or actions by third parties, whether judicial, administrative or otherwise, arising out of or resulting in any way from City's grant of this Agreement to and Contractor's performance of this Agreement, including, but not limited- to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material" or the limits of City's authority with respect to the grant of Licenses, or agreements, exclusive or `otherwise, asserting rights under the Commerce Clause (including the Dormant Commerce Clause and federal or state legislation governing the process for the award of solid waste contracts) to provide solid waste services. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement, for claims arising prior to the expiration of the period during which collection ,services are to be j provided pursuant to this Agreement. B. Hazardous Substances Indemnification. With respect, to solid waste collected by Contractor pursuant to this Agreement which has been disposed of at places owned or operated by Contractor, by the Contractor's subcontractor, or by an entity sunder the same ownership and control of Contractor, Contractor "shall deliver a hazardous substances indemnification in the form, or the form in substance, as set forth in EXHIBIT "CIO,to this Agreement. Such, facility shall be considered a " Contractor Facility. With respect to solid waste collected by. Contractor pursuant to this Agreement which has been disposed of at places not owned or operated by Contractor or by the Los Angeles County Sanitation District or by an entity under the same ownership and control of Contractor, Contractor shall cause the owner or operator, of the alternate facility to deliver a hazardous substances - indemnification in the form, or the form in substance, as set forth in EXHIBIT "C" to this Agreement. ` Upon delivery and during the effective period of the hazardous substances indemnification, such facility shall be considered an "Approved Alternative Facility." If such indemnification is unavailable, then Contractor shall perform due diligence environmental site assessments of the "Approved Alternative Facility" in accordance with current standard practices as accepted by the ASTM. Copies of any ESAs will be provided to the City and shall be maintained at the Contractor's facilities for no less than thirty (3) years after termination or expiration of this Agreement. Contractor represents and warrants to City that the disposal of solid waste shall occur only at a Contractor Facility or an Approved Alternative Facility. Contractor represents and warrants to City that it will undertake reasonable efforts to ensure that the disposal of recyclable materials and green waste occur at a Contractor Facility or an Approved Alternative Facility. C. AB 939 Indemnification, In addition to its duties pursuant to SECTION 15, Contractor agrees to implement measures to meet the requirements of City' s Source Reduction and Recycling Element and the City Code with respect to the collected waste stream covered by this Agreement. Contractor agrees to protect, defend, indemnify and hold City harmless against all fines or penalties imposed by the California Integrated Waste Management Board in the event the —17— Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement diversion, source reduction and recycling goals of AB 939 are not met by the City of Diamond Bar with respect to the collected waste stream covered by this Agreement as a result of Contractor's failure to perform under this Agreement,or if Contractor's delays in providing information prevent City from submitting reports required by AB 939 in a timely manner. City and Contractor agree to negotiate with respect to any additional AB 939 -related services, which Contractor and City agree to implement: D. Workers' Compensation and Employers' Liability Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement full workers' compensation insurance and Employers' Liability Insurance with a minimum limit of ONE MILLION DOLLARS ($1,000,000.00) in accord with the provisions and requirements of the Labor Code of the State of California. ' Copies of policies and endorsements that implement the required coverage shall be filed' and maintained with the City Clerk throughout the term of this Agreement. The policy providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees, or agents for losses that arise from work performed by the named insured for the City. E. Liability Insurance. Contractor shall obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10,000,000.00) aggregate and FIVE MILLION DOLLARS ($5,000,000.00) per occurrence and a Commercial Auto Liability Insurance policy with a minimum limit of FIVE MILLION DOLLARS ($5,000,000.00). Said insurance shall protect Contractor and City from any claims for damages for bodily injury, including accidental' death, as well as from any claire for property damage, which may arise from operations, performed pursuant to this Agreement. The following language is required to be made a part of all of the insurance policies required by this SECTION: 1. "The City of Diamond Bar, its elected officials, its employees, agents, volunteers and officers, are hereby added as additional insureds, to the extent of Contractor's indemnification obligations as set forth herein, but excluding negligence or willful misconduct; as .. ..respects liability ansng out of activities performed by or on behalf of Contractor., 2. "This policy shall be considered primary insurance as (respects any other valid and collectible insurance the City of Diamond Bar may possess includin� any self-insured retention the City of Diamond Bar ;nay have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it. 3 "This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company." 4. "Thirty (30) days' prior written notice by certified mail, return receipt requested, shall be given to the City of Diamond Bar in the event of suspension, cancellation, Date' of Printing: August 10, 2000 __ Diamond Bar Integrated Waste Management Services Agreement reduction in coverage or, in- limits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Manager, City Attorney and City Clerk. " The insurance required by this Agreement shall be with insurers, which are Best A+ rated, and California -Admitted, or better. The City shall beincludedas an additional insured on each of the policies and policy endorsements. The insurance required by this Agreement is in addition to, and not in lieu or, limitation of, the indemnification provisions in SECTIONS 17.A 17.B and 17. C, above. Contractor shall obtain the written consent of City's Risk Manager prior to changing insurers providing insurance under this Agreement, which consent shall not be withheld unreasonably. F. Evidence of Insurance Coverage; Insurance Repository, Contemporaneously with the execution of this Agreement, Contractor shall file certificates of insurance evidencing the above -required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for thirty years (30 years) after the end of the term during which collection. services are to be provided pursuant to this Agreement. Contractor shall notify City's Risk Manager and City Attorney before destroying copies of such policies and Contractor, shall provide copies or originals of such policies to City. This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement G. Self -Insurance. To the extent provided by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California. H. Reduction of CERCLA and Other Liability. City and Contractor agree to meet annually in the fourth calendar, quarter of each calendar year to discuss ways to reduce their respective potential CERCIA and other liabilities to third parties. ` -SECTION 1$. CASH AND PERFORMANCE BONDS: A. Prior to the start of collection services under this Agreement, Contractor shall deposit funds, on terms satisfactory to City, in an interest-bearing account at an institution satisfactory to both City and Contractor, or provide a letter of credit, from an institution satisfactory to City, at the option of Contractor, in the amount of ONE HUNDRED THOUSAND DOLLARS ($100,000.00). (The fiords on deposit and the letter of credit are referred to collectively in this Agreement as the "Cash Bond".) ` In addition to the Cash Bond, Contractor, at its option, shall deposit either a letter of credit or a performance bond (collectively referred to as "Performance Bond") in the -amount of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00), or in such lesser amount as the City Manager may determine to provide adequate protection to the City. The Cash Bond (including any letter(s) of credit) and the Performance Bond (including any letter of credit) (collectively referred to as "Bonds") shall be on terms acceptable to the City Attorney. The Bonds shall serve as security for the faithful performance by Contractor of all the provisions and obligations of this Agreement. All interest on a cash deposit, if made, shall accrue to Contractor. .19_ Date of Prrmting: August 10 2000 Diamond Bar Integrated Waste Management Services Agreement B. Upon Contractor's failure to pay the City an amount owing underthis Agreement, the Bonds may be assessed by the City, for purposes including, but not limited to: 1; Reimbursement of costs borne by the City to correct violations of the Agreement not corrected by Contractor, after City provides notice in accordance with SECTION 20. A.1. 2. To provide monetary remedies or to satisfy damages assessed against Contractor due to•a material breach of this Agreement; or 3 To satisfy an order of the City Council. C. Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Bonds to the original amount within thirty (30) days after notice from the City that any amount has been withdrawn from the Bonds. Contractor shall be relieved of the foregoing requirement to replenish the Bonds during the pendency of an appeal from the City's decision to draw on the Bonds, The amount of the Bonds shall be adjusted annually on the anniversary of the execution of this Agreement. The annual adjustment shall be in the annual percentage January -to- January change in the Consumer Price Index for all Urban Consumers (National CPI -U) - D. In the event the City draws on the Bonds, all of City's costs of collection and enforcement of the provisions relating to the Bonds called for by this SECTION, including reasonable attorneys' fees and costs, shall be paid by Contractor. E. Any decision or order of City under this SECTION 18 may be appealed by Contractor through the dispute resolution procedures provided by SECTION 20 and 21 of this Agreement. SECTION 19. EMERGENCY SERVICE. A. Should Contractor for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in SECTION 25.A 'Force Majeure," below, ,refuse or be unable for a period of more than forty-eight (48) hours, to collect a material portion or all of the solid waste which it is obligated under this Agreement to collect, and as'a result, solid waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager in the reasonable exercise of the City Manager' s discretion, should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all solid waste which Contractor is obligated to collect and transport pursuant to this Agreement. City shall provide twenty-four (24) hours prior written notice to Contractor during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any, or all solid waste that Contractor would otherwise collect and transport pursuant to this Agreement, for the duration of period during which Contractor is unable to provide such services. In such event Contractor shall identify sources from which such substitute solid waste services are immediately available, and shall reimburse City for ,all of its expenses for such substitute services during period in which Contractor is unable to provide collection and transportation services required by this Agreement. Z(} Rate of Printing: August 10, 2000 I Diamond Bar Integrated Waste Management Services Agreement SECTION 20, ADMINISTRATIVE REMEDIES; TERMINATION. A. Notice; Response; Resolution; Appeal. 1. Notice of Deficiencies: Response. If the Integrated Environmental Services Coordinator ("Coordinator") determines that Contractor's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the California Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of solid and hazardous_ waste, the Coordinator may advise Contractor in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The Coordinator, in any written Notification of Deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period, Contractor shall respond to the written Notification of Deficiencies within thirty (30) days from the receipt by Contractor of such written notice. Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time. 2 Review by Coordinator; Notice of�A peal. a. The Coordinator shall review any written ` response from `Contractor and decide the matter. The Coordinator may order remedial actions to cure any deficiencies, assess the Bonds or invoke any other remedy in accordance with this Agreement and, in the event the Coordinator determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. The Coordinator shall promptly inform Contractor, of the decision. In- the event the decision is adverse to Contractor, the Coordinator shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the Coordinator's- decision and any remedial action taken or ordered. An adverse decision by the Coordinator shall be final and binding on Contractor unless -Contractor files a "Notice of Appeal" with the City Clerk (with copies to the Coordinator and City' Attorney) within 30 days of receipt of the notification of the adverse decision by the Coordinators b. In any "Notice of Appeal" Contractor shall` state its factual contentions and include any relevant affidavits, documents, photographs and videotapes which Contractor may choose to submit. In addition, Contractor shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. ,22_ Date of Printing: August 10, 2000 -- T-. Diamond Bar Integrated Waste Management Services Agreement 3. Review by City Manager; Appeal. a. Within thirty (30) days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. The City Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager, determines that there has been a material breach and that terminationes the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with SECTION 20.13 and 20. C, below. The City Manager shall promptly inform Contractor of the City Manager's decision. .In the event the City Manager's decision is adverse to Contractor, the City Manager shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City Manager`s decision and any remedial action taken or ordered. b. An adverse decision by the City Manager shall be final and conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis and all legal contentions and shall include all relevant evidence, 'including affidavits, documents, photographs and videotapes, which Contractor may choose to submit. B. City Council Hearing. If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is appealed to the City Council by Contractor, the City Council will set the matter for an administrative hearing,,and act on the matter. If the City Council elects to hear the matter, the City Clerk shall give Contractor fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following: 1. A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council' s options. 2. The Coordinator's written Notification of Deficiencies; 3. Contractor's response to the Notification of Deficiencies; 4. The Coordinator's written notification to Contractor of adverse decision; 5. Contractor's Notice of Appeal 6. The City Manager's written notification to Contractor of adverse decision; and 7. The Notice of Appealto the City Council. No nein legal issues may be. raised; or new evidence submitted by Contractor or City at this or .at any further point in the proceedings, absent a showing of good cause.. Contractor's representatives and other interested persons shall have a reasonable opportunity to be heard. C. City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the: decision .or order of the City Manager should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that the performance of —23— Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor's performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive. Contractor has the right to file an appeal with a judicial court as indicated in SECTION 20.D. With the exception of draws on the Bonds, the execution of any of City's remedies under this SECTION 20 shall be stayed until Contractor has exhausted its appeals under SECTIONS 20 and 21 of this Agreement. D. Appeal to Court. Except as otherwise provided in this Agreement, Contractor may appeal any decision, order or action by the City Council under this SECTION 20, as provided in SECTION 21, below, by filing an appeal to a Court with jurisdictional authority within ten (10) business days of receipt of the decision by the City Council and following the procedures set forth' in SECTION 21, below. A decision of the City Manager to refer a matter to the City Council may not be appealed: E. Reservation of Rights by City. Subject to Contractor's rights and exhaustion of its appeals under SECTIONS 20 and 21, City further reserves the right to terminate this Agreement in the event of any material breach of this Agreement, including, but not limited to any of the following: 1. If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotia- tions which preceded the execution of this Agreement; 2. If Contractor becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor' of Contractor in a bankruptcy proceeding; 1 If Contractor fails to provide or maintain in full force, effect and amount, the workers compensation, liability and indemnification coverage, Cash and Performance Bonds as required by this Agreement; 4. If Contractor violates any orders or rulings of any regulatory body having jurisdiction over Contractor relative to this Agreement, in any material manner, provided that Contractor may contest any such orders or rulings by appropriate proceedings conducted in good faith, in winch case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Contractor is entered; 5. If. Contractor ceases to provide collection service as required under this Agreement over a substantial portion of the area of the City of Diamond Bar for a period of two (2) calendar days or more, for any reason within the control of Contractor; —24— Date of Printing: August 10, 2000 Diamond Bar lntegraW Waste Management Services Agreement . 6. If Contractor fails to make any payments required under this Agreement or refuses to provide City with required, information, reports or test results as to a material matter in a timely manner as provided in this Agreement; 7. Any other act or omission by Contractor 'which materially violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written Notification of Deficiencies or if Contractor cannotreasonably cor- rect or remedy the breach, within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such alleged deficiencies within the time set forth in such notice and diligently effect such correction or remedy thereafter. F. Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement. SECTION21. APPEAL TO JUDICIAL COURT; HEARING PROCEDURES. Either party to this: Agreement at any time after exhaustion of administrative remedies, if applicable, and following the appeal procedure set forth in SECTION 20, if applicable, may appeal a disputed matter to the appropriate Judicial Court of Jurisdiction pursuant to California Code of Civil Procedure. The venue of any proceeding hereunder shall be as indicated in SECTION 25.F. SECTION 22. CITY' S ADDITIONAL REMEDIES. In addition to the remedies set forth above, City shall have the following rights in the event of Contractor's material breach and failure to cure following written notice from the City and as provided in SECTION 25: A. The right to contract with others to perform the services otherwise to be performed by Contractor, and B. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Contractor, ,City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach thereof. SECTION 23. TRANSFER OF RIGHTS; CITY CONSENT; FEES. A. The rights granted by this 'Agreement shall not be transferred, sold; hypothecated, sublet or assigned (collectively "transferred"), nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest or property therein, pass to or vest in any person, either by act of Contractor or by operation of law, without the prior written consent of the City' expressed by resolution. Any attempt to do any of the foregoing with respect to any of the rights herein without the consent of City shall be void. For purposes of this Agreement, any dissolution, merger, consolidation, change in control or other reorganization of Contractor shall be —25- Date of Printing: August 10. 2000 Diamond Bar Integrated Waste Management Services Agreement deemed an assignment of this Agreement. For :purposes of this SECTION; a change of corporate name and a transfer to an entity under common control or ownership of Contractor shall not be deemed a transfer of rights. , B. The City shall not unreasonably withhold its consent to a transfer of the rights granted by this Agreement. The City may impose reasonable conditions of approval on a transfer. The applicant for the transfer shall demonstrate to the City's satisfaction that it has the ,operational and financial 'ability to carry out the obligations of the Agreement C. Any applicationfora transfer of rights shall be made in; a manner prescribed by the City Manager. The application shall include a Transfer Application Fee in an amount to be set by City, by Resolution of the Council. The Transfer Application Fee is intended to offset the City's anticipated costs of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze the application. Contractor shall reimburse the City for all reasonable consultants', attorneys' and staff costs directly related to the City's considerationofthe application for transfer not offset by the Transfer Application Fee, whether or not the City approves the application for transfer of rights. City's request for reimbursement under this SECTION shall be supported with evidence of the expense or cost incurred. Contractor shall reimburse City within thirty (30) days of receipt of City's request for reimbursement SECTION 24. USE OF PROGRAM NAME. The program name "Diamond Bar Recycles" refers to all Integrated Solid Waste Management Services available to service recipients of the City of Diamond Bar, Contractor may use "Diamond Bar Recycles" to help people identify with the civic pride and environmental good of responsibly managing solid waste. Contractor's use of the -program name does not relieve Contractor of its obligations under this Agreement, nor is it to be construed as constituting an arrangement by the City for the disposal of solid waste, nor to create an agency relationship. SECTION 25. GENERAL PROVISIONS. A. Force Majeure.Contractor shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services of Contractor are temporarily interrupted for any of the following reasons: riots, war or national emergency declared by the Presi- dent res -dent or Congress and affecting the City of Diamond Bar; sabotage; civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; strikes, lockouts and other labor disturbances; or other catastrophic events which are beyond the reasonable control of Contractor. "Other catastrophic events" does not include the financial inability of Contractor to perform or failure of Contractor - to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public entity where such failure occurs where Contractor has failed toexercise reasonable' diligence. In the event a labor disturbance interrupts collection and transportation of solid waste, and/or disposal of solid waste by Contractor as required under this Agreement, City may elect to exercise its rights under SECTION 22 of this Agreement B. Computer Hardware and Software. Contractor will be required to obtain all _26_ Date of Printing: August 10, 2000 I Diamond Bar Integrated Waste Management Services Agreement necessary computer software, hardware, supplies, personnel and training at Contractor's expense to comply with the City's reporting requirements. Contractor will incur all costs of, moving comput- ers, including phone lines in - the event they need to relocate. Contractor will maintain a computerized database, with the capacity to maintain an account history of at least eighteen months. Any older account information will be maintained on diskettes, tape, zip drive, or a Bernoulli cartridge for the full term of the contract and for a period of three (3) years after termination or expiration of the Agreement. City will have access to these records during regular business hours. C. Independent Status. Contractor is an independent entity and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, Contractors and sub -Contractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture, between City and Contractor, nor an arrangement for the disposal of hazardous substances. Neither Contractor nor its officers, employees, agents or sub -Contractors shall obtain any rights to retirement or other benefits which accrue to City employees. D. Pavement Damage. Normal wear and tear on City streets resulting from general vehicular traffic excepted, Contractor shall be responsible for damage to City's driving surfaces, whether or not paved, resulting from the operation of Contractor's vehicles providing solid waste collection services within the City. Contractor understands that the exercise of this Agreement may involve operation of its collection vehicles over private roads and streets. Disputes between Contractor and its service recipients as to damage to private pavement are civil matters and complaints of damage will be referred to Contractor as a matter within its sole responsibility and as a matter within the scope of SECTION 17. A., above. E. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Contractor to public or private property shall be repaired or replaced by Contractor at Contractor's sole expense. Except as provided in SECTIONS 17 and 25.1), above, this Agreement does not purport to affect, in any way, Contractor's civil liability to any third parties. F. Law to Govern; Venue. The law of the State of California, shall govern this Agreement without regard to any otherwise governing principles of conflicts of laws. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation -in a U. S. District Court, exclusive venue shall lie in the District of California mi which the City of Diamond Bar is located. G Gratuities. Contractor shall not, nor shall it permit any officer, agent or em- ployee to request, solicit, demand or accept, either directly or indirectly, any gratuity for the collection of solid waste required to be collected under this Agreement. H. AB 939 Amendments. This Agreement is part of City's efforts to comply with the provisions of the California Integrated Waste Management Act of 1989, ("AB 939") as it from time to time may be amended and as implemented by the regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended, the City's Source Reduction and Recycling Element, as it may be amended from time to time, and the City —27— Date of Printing: August 10, 2000 Diamond Bat Integrated Waste Management Services Agreesnent Code, as it may be amended from time to time. In the event that AB 939 or other state or federal laws or regulations; or City Code provisions enacted or amended after this Agreement has been executed prevent, preclude, or eliminate the need for compliance with one or more provisions of this Agreement, or significantly increase Contractor's costs, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regula- tions In the case of an amendment to the laws which has the effect of eliminating the need for a service provided for in this Agreement and City informs Contractor that City desires to discontinue the service, City and Contractor shall negotiate a reduction in rates. In the case of an amendment to the laws that increases the cost of Contractor's service, Contractor may seek a rate increase to offset the costs directly attributable to the amended or newly enacted provision of law or regulations. L Amendments. All amendments to this Agreement shall be in writing, duly executed by the parties. Purported oral amendments shall be void and of no force or effect. J Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by telecopier (with confirmation of receipt) or United States certified mail, postage prepaid, return receipt requested, addressed as follows: To City: City Manager City of Diamond Bar 21660 Copley Drive, STE 100 Diamond Bar, California 91765 Telecopier Number 909.861.3117 Copy to: Director of Public Works City of Diamond Bar 21.660 Copley Drive, STE 190 Diamond Bar, California 91765 Telecopier Number 909.861.3117 And to: Michael Jenkins, City Attorney Richards, Watson, & Gershon Thirty-eighth Floor, 333 South Hope Street Los Angeles, California 90071-1469 Telecopier Number 213.626.0078 To: " President Valley Vista Services Inc. 429 N. Del Valle City of Industry, California 91744 Telecopier Number 626.961.1105 -28- Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Managem®t Services Agreement or to such other address as either parry may from time to time designate by notice to the other given in accordance with this SECTION. Notice shall be deemed effective on the date personally served or sent by confirmed telecopier or, if mailed, upon the date of the return receipt. K. Contract Administrative Processing Fee. The process of selection of a contractor for the expressed purpose of establishing rights to collect refuse or recyclables is both time consuming and resource depletive. The Contractor shall remit a one-time Administrative Processing Fee to the City. The Administrative Processing Fee is intended to offset the City's anticipated costs of all reasonable and customary direct and indirect administrative expenses ' including consultants and attorneys, necessary to analyze the contractor's proposal and prepare its contract. Contractor shall pay the City the fee within thirty, (30) days .of receipt of City's request for payment. For purposes of this agreement, the fee shall be based on the amount of waste currently disposed in the awarded sector divided by the total waste disposed for the entire City as established by permitted haulers' reports. L. Savings Clause and Entirety. If any non -material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. AL Joint Drafting. This Agreement was drafted jointly by the parties to this Agreement U. Inclusion of Additional Documents. This Agreement incorporates by reference the following specific documents: the RFP distributed by the City (EXHIBIT D) the proposal by the Contractor (EXHIBIT E), and any amendments or provisions by either party that affects the terms of theAgreement limited in that the invalidity or unenforceability of such amendment. or provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. _29— Date of Printing: August 10, 2000 "Exhibit A" 2. Commercial and Multi family Rates Refuse in per month Note. All rates xre oxelusive efnegotlable%aa Frequency Bin Si=c 1x 2X 3x 4x Sx 6X 1.5 51.00 81.00 NIA NIA NIA NIA extra bin 43.00 68.00 NIA NIA NIA NIA 2 57.00 96.W - 129.00 166.00 205.00 238.00 extra bin 49.00 82.00 110.00 140.00 173.00 :' 200.00' 3 68.00 ' 108.00: 149.00 192.00 234.00 287.00<: extra bin < 55.00 87.00 119.00 154.00 187,00 230.00 4 '85.00 130.00 , 176.00 256.00 $02.00 368.00' extra bin' 74.E 118.00 158.00 230.00 272.00 330.00 6 96.00 149.00 203.00 305:00 358.00 434.00 extra bin 86.00 134.001 183.001 275.001 322.00 ' 391.00 Note: incentive rates are required; multiple bin refers to cost of each additional bin of that size 3. Commercial Rates Recycling in S per month Note: Aft raft am exclusive ofnegvkable Fees --Exhb+t A" 3. Commercial Rates in:S per unit Addittonat;Commercial Charges In $ per unit Note: AN rales arc exchmive a/negotbMe Fees Bulky Item Collection over 3 cu ands or in excess of 4 events per Y!@0 25.00 per cubic yard HHW collection fee 00per call 2 -yard bin - extra emPtY 25.00 per unit 3 and bin - extra em 29.00 r unit 4 -yard bin'- extra empW 33.00 p2r unit 6 -yard bin -extra empty 37.00 per unft Handling charge per pick up N/A Lockin container 7.00' per unit Set out rate for bliss 40.00 per unit 96 gallon container 37.00 per unit Roll off Rates in $ per pick-up Note: AN rates are eza,," efnega g bie Fees Size of Bin Basic Rate Dump Charge Fees Total Rate' 45 125.00 29-60/per ton See Note Not Determinable 30 135.00 2960/per ton See Note Not Determinable 16 135;00 29.50/ rton See Note Not Determinable 4 Please indicate cubic yards of bins Compactor Rates in S per pick-up Exhibit "A Rate Adjustment Methodology for Valley Vista Services CP1 Rate Adjustment Subject to the approval of the City Manager, the.fees identified in Exhibit "A will be adjusted on ' July 1st of each year beginning July 1, 2002 by the percentage change in the Consumer Price Index (CPI) for the 12 months ended the previous April 3& based on the LosAngeles/ Anaheim/Riverside Area Index. The CPI index will be applied solely to the non -disposal (operational) portion of the rate. Disposal Rate Adjustment Fees found in Exhibit "A" reflect various per ton disposal rates. 'In conjunction with the. annual CPI rate adjustment schedule and procedure, the Contractor will submit all necessary documentation requested by the City Manager to establish the net change in annual disposal costs for the 12 months ended the previous April 301h.' This net change in disposal costs will be divided by the number of cubic yards collected and °added or subtracted from the Customer Service Rate Adjustment Request. Disposal adjustments will be limited to annual changes in disposal gate rates, government mandated fees, and taxes." No disposal facilities will be utilized by the Contractor without a 30 -day prior written consent of the City Manager. The disposal rate will be adjusted by resolution of the City Council on or before July 16t of each year beginning July 1, 2002 in accordance with the changes recommended by the City Manager. Extraordinary Rate Adjustment In addition to the above, the Contractor may ,request in writing an increase in the service charges, above the CPI and disposal costs based upon extraordinary circumstances limited to the following: transportation; processing, government mandated fees and taxes, and other costs as documented and agreed to by the City Manager. The Contractor's request will be submitted in conjunction with the annual CPI ,rate adjustment, and will be added to any CPI and disposal rate adjustment. The rate will be adjusted for extraordinary oircumstancesi by resolution of the City Council on or before July 1St of each year beginning July 1, 2002 in accordance with the changes. recommended by the City Manager. Rate Adjustment Schedule and Procedure' All requests for rate adjustments shall be submitted by the Contractor by or before April 16t of each year beginning with April 1, 2002. The City must respond to the request in writing by May 1st or 30 days after receipt of the request_ The City Manager will approve the CPI rate adjustment; however, Council will consider the City Manager's recommendations for- disposal rate and extraordinary rate adjustments, and vote by resolution on or before July 1St of each calendar year, beginning in the year 2002. Effective dates of new rates will be July 1st of each calendar year. Diamond Dar Solid Waste Agreement EXH�IT ►rBtr Il"LEMENTATION SCHEDULE Activi1y Date Deliver evidence of insurance to City Clerk [§ 17.D] Upon Execution of Agreement Submit compaction vehicle noise level testing certificate Within 10 days of request by [§ 71 City Deliver announcements to service recipients Prior to start of Collection Begin City-wide collection of Non: Residential Solid Waste 4" Quarter, 2000 [§ 3. A] [see Attachment 1 to Exhibit B] Begin Bulky Goods pickup program [§ 6.H] 4' Quarter, 2000 Submit Monthly and Quarterly Reports 15 days after end of Month ,or [§ 16T] Quarter, beginning September 15, 2000 Begin Holiday Tree Collection program [§ 6.F] Annually on first collection day after December 25th City, Contractor meet to consider ways to reduce CEKCLA, Annually, during 4m Quarter other liability [§ 17T] Submit Annual Report to City [§ 16. AJ Annually by April 15th, starting 2001 Contractor Submits Rate Adjustment Statement [§ 13.B] Annually by April 1, starting 2002 City responds to Rate Adjustment Statement [§ 13. B]' Annually by May 1, starting 2002 Rate Adjustment takes effect [§ 13B] Annually on July 1, starting 2002 Contractor to respond to "Notice of Deficiencies" [§ 15.B] Within 30 days of receipt, unless otherwise specified B-1 Date of Printing; Aug ust 10, 2000' .Diamond Bar Solid Waste Agreement EXHIBIT HAZARDOUS SUBSTANCES INDE VENWICATION Contractor agrees to indemnify, defend (with counsel reasonably selected by City), protect and hold harmless City from and against all claims, actual ;damages, natural resources damages, injuries, costs, response, remediation and removal costs, losses, liabilities, causes of action, interest, and expenses (including but not limited to reasonable attorney's and expert' s fees) of any kindwhatsoever paid, incurred, suffered or incurred by or against City resulting from any repair, cleanup, removal action or response action undertaken pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq. (hereinafter "CERCLA"), the California Health and Safety Code (hereinafter "H&S' Code") or other similar federal, state or local law or regulation, with respect to solid` waste collected, transported and disposed of by Contractor. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA and Section 25364 of the H & S Code to defend, protect, hold harmless and indemnify City from all forms of liability under CERCLA, the H & S Code or other similar federal, state or local law or regulation: Notwithstanding any provision herein to the contrary, the foregoing indemnity is expressly conditioned upon the implementation by City of a program for minimization and proper recycling, treatment and disposal of Hazardous Waste generated or accumulated by Single -Family and Multi - Family Residences in compliance with §§ 41500 and 41802(b)(2) of the Public Resources Code. The City's implementation of a program for minimization and proper recycling, treatment and disposal of Hazardous Waste generated or accumulated by Single -Family and MultiFamily Residences shall be presumed to be in compliance with §§ 41500 and 41802(b)(2) of the Public Resources Code unless Contractor or an agency with jurisdiction has notified City that its program is not in compliance, and a final ` determination has been made that the City's program is not in compliance with §§ 41500 and 41802(b)(2) of the Public Resources Code. The following terms used above shall have the indicated meanings: Hazardous Waste" means any waste materials or mixture of wastes defined as "'hazardous substances", "hazardous waste" or "designated waste pursuant to the Resource Conservation and Recovery Act, 42 U. S.C. Section 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act, 42 U. S. C. Section 9601 et seq.,, the California Health and Safety Code, the California Water Code, the California Integrated Waste Management Act, or other similar federal, state or local law or regulation. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term "Hazardous Waste shall be construed to have the broader, more encompassing definition: �— Date of Printing:' August 10, 2000 AGREEMENT FOR INTEGRATED SOLID WASTE MANAGEMENT SERVICES FOR THE NON-RESIDENTIAL SECTOR This AGREEMENT FOR INTEGRATED WASTE MANAGEMENT SERVICES ("Agreement") is entered into this day of August, 2000, by and between the CITY OF DIAMOND BAR ("City-), a municipality, and VALLEY VISTA SERVICES, INC. ("Contractor"), a private corporation, for the collection, transportation, recycling, composting and disposal of non-residential solid waste; including green waste and recyclable solid waste. RECITALS WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, (the "Act" or "AB 939") established a solid waste management process which requires cities and other local jurisdictions to implement plans for source reduction, reuse and recycling as integrated waste' management practices; and WHEREAS,, the Public Resources Code, including § 40059, provides that aspects of solid waste handling of local concern include but are not limited to frequency of collection, means of collection and transportation, level of services, charges and fees, and nature, location and extent of providing solid waste services, and whether the services are to be provided by means of nonexclusive, partially exclusive or wholly exclusive franchise; contract, license or otherwise which may be granted by local government under terms and conditions prescribe by the governing body of the local agency; and WHEREAS, the City is obligated to protect the public health and safety of the residents and businesses of the City of Diamond Bar and collection of solid wastes should be made in a manner consistent with the exercise of the City'sobligations for the protection of public health and safety; .and WHEREAS, the City and Contractor are mindful of the provisions of the laws governing the safe collection, transport; recycling and disposal of solid waste, including AB 939, the Resource Conservation and Recovery Act ("RCRA"), 42 U.S. C. §§ 6901 et M. and the Comprehensive Environmental Response, Compensation and Liability Act (" CERCLA" ), 42 US. C. §§ 9601 et M.; and WHEREAS, the City and Contractor desire to leave no doubts as to their respective roles and to make it clear that by entering into this Agreement, City is not thereby becoming a "generator"' or an "arranger" as those terms are used in the context of CERCLA § 107(a)(3) and that it is Contractor, an independent entity, and not City, which will collect from commercial premises in the City of Diamond Bar, transport and dispose of solid wastes (which may contain small amounts of consumer products with the characteristics of hazardous substances); collect, transport, and recycle and/or compost green waste and recyclable solid wastes collected from premises in the City of Diamond Bar; and WHEREAS, there are no places within the City of Diamond Bar where landfills are located -or which are suitable for the siting of a landfill, and therefore solid waste must be exported from the City; and,' - — Date of Printing; August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement WHEREAS, the Contractor, and not the City, will select the transfer station, landfill or transformation facility destination of the unrecoverable solid waste that Contractor will collect and City has not, and by this Agreement does not instruct Contractor on its collection methods, nor supervise the collection of waste, and WHEREAS, Contractor represents and warrants to City that it has the experience, responsibility and qualifications to conduct recycling programs, to provide City with information sufficient to meet the City's reporting requirements under AB 939, to meet the City's requirements as set forth in City's Source Reduction and Recycling Element, which, by this reference, is incorporated into and made a part of this Agreement, to assist the City in meeting City's other requirements under AB 939, to collect, transport; and dispose of solid waste in a safe manner which Will minimize the adverse erects of collection vehicles on air quality and traffic and has the ability to indemnify the City against liability under CERCLA and WHEREAS, the City Council of the City of Diamond Bar determines and finds pursuant to California Public Resources Code: Section 40059(a)(1), that the public health, safety and well- being, including the minimization of adverse impacts on air quality and traffic from excessive numbers of collection vehicles, the implementation of measures consistent with the City's Source Reduction and Recycling Element, and the protection of the City against CERCLA liability, require that Contractor be awarded' a contract for collection, recycling and disposal of commercial solid waste from premises in the City of Diamond Bar. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS.- SECTION OLLOWS:SECTION 1. GRANT OF RIGHT AND PRIVILEGE TO COLLECT NON RESIDENTIAL` SOLID WASTE AND RECYCLABLE MATERIAL. A. Binding Agreement. In consideration of the mutual promises contained herein, City and Contractor agree to be bound by and comply with all of the requirements of this Agreement. B. Grant of _ Rights; Exclusions. This Agreement grants to Contractor for the period specified in SECTION 3 of this Agreement during which collection services are to be provided, the right and privilege to collect; transport, process; recycle, compost, retain and dispose of all non-residential solid waste,, as defined in this Agreement, produced, generated and/or accumulated within the City, except as otherwise provided below. Service to all ,premises in the City utilizing bin and roll off box service is covered by this Agreement. The collection and disposal of construction and demolition- waste and/or debris from commercial premises and residential development projects,using roll-obins, is within the scope of this Agreement. Collection of residential solid waste from bin-served multi-family residences (MPRs) and those single -family residences (SERs) that utilize bins rather than barrels is within the scope of this Agreement. However, temporary bin and roll off box service to residential customers is not covered by this Agreement. In addition, and as provided below, specialized source-separated "niche'' recycling services, e.g., collection of used hot water heaters, specialized routes for organic wastes, etc.,, are excluded by City from the rights awarded by this Agreement. —2— Date of Printing: Alugust 10, 2000 Diamond Bar Integrated Waste Management Services Agreement C. Gardeners and Landscapers. This Agreement shall not prohibit gardeners and landscapers from collecting and composting or transporting green waste, as long as they transport such green waste to a Compost Facility or other site permitted for use of green waste as alternative daily cover (or exempt from permitting) by the California Integrated Waste Management Board (Board) in accordance with all governing laws and regulations. and they subs ;+ fimel , pfeef dispesiften reports to City and Cenvaekw. D. Sale or Gift of Recyclable Materials. This Agreement shall not be construed to prohibit any person from selling recyclable materials or giving recyclable materials away to persons or entities other than Contractor. F. Annexation. Territory that is annexed into the City boundaries shall be added to the area covered by this Agreement. F. Other Services; Niche Recycling. Services. City reserves the right to enter into agreements with other entities for other solid waste and recycling services not provided for in this Agreement, including, but not limited to, street sweeping (and disposal incident to the conduct of street sweeping operations), disposal of green waste produced by City's -landscape maintenance operations, contract services, and "niche" recycling services which Contractor fails or is unable to provide. In instances concerning niche recycling services, the recyclable materials must be segregated from and not mixed with solid waste with a residue content of less than or equal to 100/0. G. Flow Control. City reserves whatever, if any, right it might receive from Congress to exercise "flow control" i.e., the right to select disposal facilities and materials recovery facilities to which the solid waste to be collected pursuant to this Agreement is to be taken. In the event City directs Contractor to transport solid waste to a particular disposal or other facility, City and Contractor agree to use their best efforts to obtain indemnification against CERCLA and related „ claims from the operator of the landfill or other destination .to which solid waste collected pursuant to this Agreement is taken for disposal. In the event City requires Contractor to utilize a landfill or other disposal facility not owned or operated by Contractor or an affiliate of Contractor, Contractor shall be relieved of its liability with respect to the matters addressed in SECTION '17.B of this Agreement with respect to the solid waste delivered to a disposal facility designated by City. In the event that City selects a transfer or disposal facility, Contractor- shall be entitled to a rate adjustment to offset for any substantiated increase in expenses resulting from the City's exercise of flow control: SECTION 2. CONTRACTOR'S REPRESENTATION AND WARRANTY REGARDING DISPOSAL. FACILITIES. Contractor represents and warrants to City that Contractor will dispose of all solid waste (except for recyclable solid waste and green waste) collected pursuant to this Agreement at a "Contractor Facility" or an "Approved Alternative Facility"as those terms are defined in this Agreement. � _ Date of Printing: August 10; 2000 Diamond Bar Integrated Waste Management Services Agreement SECTION 3. TERM A. Collection services under this Agreement shall be provided commencing on the day of August 2000 and ending at midnight on the fifteenth day of August, 2010. B. This Agreement requires Contractor to provide services (e.g., , customer information) prior to the start of collection. Additionally, the Contractor must provide other services (e.g., access to landfill destination information, insurance, CERCLA and other indem- nification and an insurance policy repository) that survive the expiration of this Agreement. SECTION 4. DEFINITIONS. Whenever any term used in this 'Agreement has been defined by the Diamond Bar . City Code, Division 30, Part 1, Chapter 2 of the California Public Resources Code or the California Health and Safety Code, the definitions in the City Code, Public Resources Code or Health and Safety Code shall apply unless the term is otherwise defined in this Agreement. A. "AB 939" or "Act" means the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40, 000 et seq., as it may be amended from time to time and as implemented by the regulations of the California Integrated Waste Management Board, or its successor. B. "AB 939 Fee" means the ,AB 939 fee or assessment imposed by the City on Contractor because of its status as party to this Agreement and which, inter alio is intended to offset the City's expenses in administering this Agreement and Integrated Waste Management Program and to compensate City for damage to its streets, sidewalks; curbs and gutters and other infrastructureresulting from Contractor's exercise of its Contract Rights, the expenses of administering the program for the solid waste stream, reporting requirements under the Act and other related expenses. D. "Construction and Demolition Waste" means discarded building materials, recyclable construction and demolition materials, wood, packaging, plaster, rock or brick, drywall, cement and rubble resulting from construction, remodeling, repair and demolition operations. "Construction and Demolition Waste' from regularly served bin accounts and from roll off boxes used by nonresidential sources is within the scope of this Agreement. ED. "Contract Rights" means the rights and privileges granted to Contractor by this Agreement. —4— Date of Printing: August 10, 2000 DiamondHar integrated Waste Management Services Agreement Fly. "Green Waste" or "Yard Waste" means leaves, grass clippings, brush and branches generated from landscapes or gardens at any premises, and incidental pieces of scrap lumber no longer than twenty-four inches (24"), separated from other solid waste. For purposesof meeting existing compost and cover material markets, "green waste" includes holiday trees but does not include stumps or branches exceeding four inches (4") in diameter or four feet (4') in length.' GF. "Green Waste Containers" means containers provided by Contractor for the temporary accumulation of green waste. HG. "Materials Recovery Facility" means 1) a facility licensed or permitted in accordance with AB 939 which separates secondary materials, such as mixed glass and metal containers and processes them for sale to end users, 2) a firm that purchases and markets source -separated solid wastes and recyclable materials. IIL "Multi -Family Bins" means containers intended to be utilized for the temporary accumulation and collection of residential solid waste from multi -family residences that reflect service indicative of non-residential sector accounts. JL 'Multi -Family Residences" means residential units such as apartments, condominiums and town homes, other than single family residences (SFRs), which utilize multi- family bins and/or barrels, cans, or carts, as defined in this Agreement, for the temporary accumulation and collection of .residential solid waste. Multi -family residences (NIFRs) that use barrels are not covered by this Agreement. Hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places are covered by this Agreement, but are not defined as MFRS. KJ. "Recyclable Materials " means recyclable items that have been source -separated before having been discarded into the residential and/or non-residential solid waste stream. "Recyclable Materials " is a part of the solid waste stream which can be reused or processed into a form suitable for reuse through reprocessing or'remanufacture, consistent with the requirements of AB 939. As of the date of execution of this Agreement, recyclable materials includes the following items in addition to any that the Contractor may add from time to time with the expressed permission of the City Manager:- 1. Aluminum cans; 2. Glass jars and bottles; i 3. Steel, bi-metal and tin cans; 4: Plastic soda pop bottles and other Type #1 containers (PET—polyethylene terephthaleate); 5. Plastic milk and water jugs and other Type #2 containers (HDPE high density polyethylene); 6.` Type 93 plastic containers (V polyvinyl chloride); 7. Type #4 plastic containers (LDPE--low density polyethylene); 8 Type #5 plastic: containers (PP— polypropylene); 9. Juice boxes and milk cartons (aseptic packaging) -r�,- Date of Printing: August 10, 2000 Diamond Bar Integrated Waste h4anagement Services Agreement 10. Newspapers; 11. Mixed paper (e.g., ledger, computer, junk mail, magazines, paperback books, envelopes, paper shopping bags: and. non-metallic wrapping paper); 12. Corrugated cardboard; 13. Chlorofluorocarbons (contained in Bulky Goods set out for collection to be collected under SECTION 6. G); 14. Used motor oil and oil: filters; 15. Tires (if set out for collection as Bulky. Goods to be collected under SECTION 6. G); and 16 Wood. The foregoing list may be modified in writing to add additional recyclables as markets develop: Contractor shall collect all of the foregoing, and process and market such of the foregoing items as Contractor determines are feasible to market for recycling. LIQ. "Recycled" means the act of having processed recyclable materials into a form suitable for reuse and having marketed those processed materials for a use consistent with the requirements of AB 939. The act of marketing does not require that revenue be generated from the processed materials. AM. "Recycling Container" means any container, for the temporary accumulation and collection of source -separated recyclable solid wastes delivered by Contractor, at Contractor's sole , expense, to any premises covered by this Agreement or previously provided by City or any, other entity. 'Title to recycling containers provided by Contractor shall be and remain in Contractor. NAL "Nonresidential Solid Waste" means all types of solid waste generated by non- residential sources such as commercial enterprises, industries, and institutions, as well as bin -served MFRs. Solid wastes include all discardsnormally found to be disposed as solid waste, including green waste and recyclable materials, and which are placed for collection in bins of varying sizes. Solid wastes which originate from non residential sources, I= and WRs located within the City that utilize bins and roll -Off boxes, are to be collected pursuant to this Agreement. "Non-residential Solid Waste" does not include multi -family residences served by barrels, but it does include non- residential solid waste generated or accumulated at hotels, motels, nursing homes or convalescent centers, barracks, dormitories or other similar places or institutions. ON "Scavenging" means the unauthorized removal of recyclable slid waste. Scavenging is prohibited by Public Resources Code § 41950: SECTION S. CONWLIANCE W1rM LAWS AND REGULATIONS; Contractor warrants that it will comply with all applicable laws and implementing regula- tions of the federal and state government, as they, from time to time, may be amended, specifically including, but not limited to, RCRA, CERCLA, and AB 939; and, with all applicable ordinances of the City including the existing solid waste ordinance and any amendments. —6— Date of Printing: August 10. 2000 Diamond Har Integrated Waste Management 'S—ices Agreement SECTION 6. TYPES AND FREQUENCY OF SERVICE. A. Solid Waste Services General. In order to protect the public health and safety, Contractor shall provide for the collection of non-residential solid waste (as defined by this agreement) generated or accumulated within the City not less often than once per week. Contractor shall provide exact route maps and schedules to City, and be consistent with City plans, as City's air quality Traffic Demand Management Plan may be affected by routes and scheduling, as wellas street sweeping services. B. Recycling Services. 1. Recyclable Materials Solid Waste Collection. Contractor shall provide collection services to each non-residential customer for the recycling of recoverable materials. Contractor shall deliver recyclingcontainers upon customer' request to be used exclusively for accumulation, separation and collection of recyclable ;materials. Contractor shall collect, remove and, if a market exists, recycle, all recyclable materials as defined pursuant to SECTION 4, placed in recycling containers. Contractor agrees to use its best efforts to process recyclable materials through a Materials Recovery Facility in order to maximize the diversion of residential solid waste from landfilling. Contractor is responsible as defined by ordinance that all commercial customers have some form of recycling and/or waste prevention service, whether the service is provided by the Contractor or another permittee. 2.` Community & Development Review Services. Contractor, upon City's request, shall assist City's Community & Development Services Department in the review of applicants' plans for nngfi residential and non-residential development projects that will utilize bins to provide for effective and economical accumulation and collection of solid waste, including recyclable materials. 3. Purchase of Recyclable Materials. Contractorma offer services for the purchase of recyclable materials from its residential and eemmereil solid waste service recipients, but will not have any exclusive rights to & so. 4. Scavenging - Discouragement. Contractor will take whatever, ' legal -actions whieh may be appropriategl:.. and effective to discourage scavenging of recyclable materials from the residential and non-residential solid waste stream. C. Green Waste Collection. Contractor shall collect and remove all green waste placed` in designated green waste containers, put out for collection at a location acceptable to the service recipient and Contractor at least once per week. Contractor, at its sole expense, shall provide service recipients with decals, tags or other means of distinguishing green waste containers. Contractor may provide MFR bin service recipients with containers suitable for automated collection of green waste, should Contractor and customer agree to automated green waste services. EXIIBIT "C" and SECTION 17.B. shall govern the CERCLA indemnification for green waste collected by Contractor, along with all other solid waste. D. Hours of Collection; Holidays. Contractor agrees that, in order to protect the -7- Date of Printing: August 10. 2000 :.I T— Diamond Bar Integrated Waste Management Services Agreement peace and quiet of residents, its collection of solid waste shall not start before 6:30 a. m. or continue after 6:30 p.m. every day of the week. No collections are to occur on Sundays or on the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. Site and route-specific exceptions may be made to these limitations by the City' Manager in the exercise of the CityManager's sole discretion, if requested by Contractor. E. Holiday Tree Recycling. Contractor shall collect, transport and use its best' efforts to recycle all Holiday Trees which are placed for collection during the period beginning on the first collection day after December 25th and ending at 5:00 p.m. on the second Saturday in January from all residential bin-served customers. Holiday Trees placed for collection must be cut into lengths no longer than six feet, be free of ornaments, garlands, tinsel and flocking, and stands must be removed. F. Telephone Directory Collection_ As part of Contractor's recycling program, Contractor shall develop a cooperative program with distributors of telephone directories for the collection of outdated telephone directories from residential and non-residential' service recipients covered by this Agreement. G Bulky Goods Pick-Up. On an as-needed on call basis the Contractor will respond to up to four requests per year from h .h :: r-esidea i-al units for collection of bulky goods on the regular collection day of each week at no extra charge. Each bulky goods collection will be limited to a maximum volume of about three cubic yards per unit. Collections in excess of three cubic yards or the four pick-ups allowed annually will be subject to a surcharge as identified in Exhibit A. This bulky goods service is solely for the use of residents, and does not extend to the collection of construction, renovation and demolition debris, or other similar materials put out for collection at multi-family units. Contractor shall not be required to remove automobile bodies, or any other items, which may not be safely handled by two persons. Contractor shall comply with all applicable regulations governing the recovery of ozone depleting refrigerants during the disposal of air conditioning or refrigeration equipmenty including, but not limited to 40 C.F.R. Part 82. Bulky goods collected by Contractor may not be landfilled or disposed of until the following hierarchy has been followed by Contractor 1. Reuse as is (if energy efficient) 2. Disassemble for reuse or recycling 3.- Recycle 4. Disposal. This hierarchy precludes the use of front- or rear-loading packer vehicles for bulky goods unless the compaction mechanism is not used to compact the bulky goods, or they have been designated for disposal. H. Customer Education Program. Contractor will develon and implement an Education Program for the City's Integrated Solid Waste pro am goals, stmt ies and timetables (at its sole expense) (see Exhibit `B"). The Education Program —�— Date. of Printing: August 10, 2000 Diamond Bar integrated Wage Management Services Agreement will include information with respect to AB 939 diversion goals, bulky goods pick-ups, green waste diversion programs, incentive rates, special waste pick-ups, recycling, and the importance of the safe disposal of hazardous waste. Contractor will provide and distribute information on City's Community Television and literature in the form of fliers, cards, stickers, or otherwise as Contractor determines to be most effective. Contractor may also utilize other promotional activities to achieve the goals of this Agreement including participation in school assemblies and demonstration Chamber. Commerceimd other local activitie arades and other civic even X SECTION 7. COLLECTION EQUIPMENT. Contractor warrants that it shall provide an adequate number of vehicles and equipment for the collection, disposal and transportation services for which it is responsible under this Agreement. The Contractor shall abide by AQMD Rule 1193 when phasing in new collection vehicles after July 1, 2001. To protect peace and quiet in residential areas the noise level generated: by compaction vehicles using compaction mechanisms during the stationary compaction process shall not exceed a sin$le-event noise level of eighty-six (96) decibels (dB)A at a distance of fifty (50) feet from the collection vehicle measured at an elevation of five (5) feet above ground level. Contractor shall submit to City, upon City's request a certificate, of vehicle noise level testing, by an indepen- dent testing entity, for any collection vehicle as to which, City or Contractor has received more than one complaint regarding excessive noise in any twelve-month period. Contractor warrants that it will comply with all measures and procedures promulgated by all agencies with junisdiction over the safe, sanitary operation of all its equipment Contractor agrees to use its best efforts to prevent damage to all streets over which its collection equipment may be operated and to obtain all required approvals for operation of its collection vehicles on all streets. Contractor agrees to maintain its refuse <containers in the City of Diamond Bar free of graffiti or "tagging." In addition, any emergency containers placed at schools and at City Hall or other City Facilities must: likewise be kept free of graffiti or "tagging." Finally, Contractor shall mark all of its refuse containers in the City with conspicuous notices warning that the disposal of hazardous substances is prohibited. SECTION 8. PRIVACY. A. General. Contractor' shall strictly observe and protect the rights of privacy of service recipients. -hiflonnation -identifying individual service recipients, or the composition or contents of a service recipient's solid waste shall not be revealed to any person, governmental unit private agency or company, unless required by law or upon authorization of the service recipient. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the, I preparation of solid waste characterization studies or waste strewn analyses that may be required by ABI 939. B. AUffing Lists. Contractor shall not market or distribute mailing lists with the names and addresses of service recipients. -9- Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement C Privacy Rights Cumulative. The rights accorded service recipients pursuant to this SECTION shall be in addition to any other privacy rights= accorded service recipients pursuant to federal or state lave. SECTION 9. SERVICE EXCEPTIONS; HAZARDOUS WASTE NOTIFICATIONS. A. Refusal or Failure to Collect. When solid waste is not collected from any solid' waste service recipient, Contractor shall notify its service recipient in writing, at the time collection is not made, through the use of a "tag or otherwise, of the reasons why the collection was not made. B. Hazardous Waste Inspection and Reporting. Contractor reserves the right and has the duty under law to inspect solid waste put out for collection and to reject solid waste observed to be contaminated with hazardous waste and the right not to collect hazardous waste put out with solid waste. Contractor shall notify all agencies with jurisdiction, if appropriate, including the California Department of Toxic Substances Control and Local Emergency Response Providers and the National Response Center of reportable quantities of hazardous waste, found or observed in solid waste anywhere within the City. In addition to other required notifications, if Contractor observes any substances which it or its employees reasonably believe or suspect to contain hazardous wastes unlawfully disposed of or released on any City property, including storm drains, streets or other public rights of way, Contractor shall immediately notify the City Manager or the City Manager's designee. C. Hazardous Waste Diversion Records. Contractor shall maintain records showing the types and quantities, if any, of hazardous waste found in solid waste, which was inadvertently collected from service recipients within the City, but diverted from landfilling. SECTION 10. CUSTOMER SERVICE. A. Office Hours Contractor has represented to City that Contractor will maintain an affieee�r accessible by a local phone number. Contractor's office hours are to be from " a. m. to 3: -AA p. m, on regular collection days. At Contractor's expense, its regular, and emergency telephone numbers shall be listed. in Diamond Bar -area telephone direc- tories under both Contractor's name and the City's name. . Contractor shall have the ;capability of responding to Service Recipients in English, Spanish, Chinese dialects and other Ian es necess for communication between Contractor and its service reci lents. =. B. Emergenc Tel hone Number. Contractor will maintain an emergency telephone number for use outside M)fmal business hours. Contractor shall have a representative, or an answering or call -forwarding service to contact such represen- tative, available at the emergency telephone number during all hours other than normal office hours. . -� �— Date of Printing: August 10, 2000 -,T z Diamond Bar Integrated Waste Management' Services Agreement SECTION 13. RATES AND BILLING. A. Rates. The rates for all solid waste (including green waste and recyclable materials) collection, transportation, processing, recycling and disposal services are set forth in EXHIBIT "A" to this Agreement B. Adjustment of Rates. Rates for all solid waste (including green waste and recyclable materials) services shall be adjusted only as set forth in EXHIIBIT "A' to this Agree- ment C. Resolution of Disputes Regarding Rate Adjustments. Any dispute regarding the computation of a rate adjustment shall be decided by the City Manager, or referred by the City Manager to the City Council as provided in SECTION 20. A rate adjustment computation decision by the City Manager or the City Council may be appealed by Contractor in accordance with the procedures providedin SECTIONS 20 and 21. The rates in effect at the time a rate adjustment dispute is submitted to the City Council or to a Court shall remain in effect pending resolution of that dispute. The effective date of a rate determined throw the ute resolution roceflures rovided in SECTIONS 20 and 21, shall be D. Billing and Payment. Contractor shall bill all solid waste service recipients for solid waste services as indicated on EXHIBIT "A' and any other fees or charges, as determined by Contractor. Billings may be made monthly, bimonthly or quarterly, as Contractor shall decide, for all service recipients: E.. AB 939 Fee; Payment. Contractor shall pay City an AB 939 Fee for each month during which Contractor provides collection services pursuant to this Agreement. The AB 939 fee shall be set by City Council Resolution but shall be i no less than forty dollars ($40) per roll -off bin per month, and six dollars (U) per month for each non -roll off bin utilized by service recipients. The Fee shall be paid by Contractor to City not later than 12.00 noon on or before the 31st calendar day after the end of each calendar month during which collection services were provided` b Contractor. Accompanying each monthly payment shall be an accounting of the oss revenues for the corresponding month, and number of accounts 00served, bins pulled, and other data. Failure of Contractor to make any payment within the appropriate time -period shall result in interest accruing thereon at the maximum rate permitted under California law, in addition to all other remedies of City pursuant to this Agreement, In addition, rates for any bins as defined within this agreement shall reflect City fees as'stipulated by Council resolution, but shall not be less than that currently levied. SECTION 14. CONTRACTOR' S BOOKS ,AND RECORDS; AUDITS. A. In addition to the record retent . re uirements of SECTIONS 16.H and 17.F, below, Contractor shall maintain .. a :... all records relating to the services provided hereunder, including, but not limited to, route maps, customer lists, billing records, weight tickets, maps, AB 939 records, and customer complaints, for the period during. which collection services are provided pursuant to this; Agreement, and an additional period of not -� — Date of Printing;' August 10, 2000 Diamond Bar Integrated Waste ManagementSmices Agreement less than three (3 ears or on er neriod r aired b law. The City shall have the right, upon reasonable advance notice, to inspect; audit and copy all of Contractor's records relating to Contractor's provision of 'services pursuant to this Agreement, including, but not limited to, route maps, customer lists, billing records, weight tickets, AB 939 records and service recipient complaints, Contractor's payment of fees to City and records which may be relevant. in the event of an action under CERCLA or related claims. In the absence of extraordinary circumstances, five (5) business days' notice shall be considered reasonable. Such records shall be made available to Ci at Contractor's re ar: lace of business but in no event outside a 'Goan of Los An tiles. destruction of records relating to the services provided pursuant to this Agreement, Contractor shall provide copies or originals of such records to City. B. Should any examination or audit of Contractor's records reveal an overpayment or underpayment by Contractor, the amount of underpayment, plus interest' compounded monthly at the maximum lawful rate, shall be paid by Contractor to City within thirty (30) days. The amount of any overpayment shall be paid by City to Contractor in the ordinary course of business. SECTION 15. AB 939 REPORTING REQUIREMENTS. Contractor shall cooperate with City in solid waste disposal characterization studies and waste stream audits and shall implement measures adequate to achieve the City's source reduction, recycling and waste stream diversion goals for the solid waste stream covered by this Agreement. During the period in which collection services are provided pursuant to this Agreement, Contractor at Contractor's sole expense, shall submit to City information and reports necessary for City to meet its reporting obligations imposed by AB 939, and the regulations implementing AB 939, for the waste stream covered by this Agreement. Contractor agrees to submit such reports and information on computer discs, or by modem„ in format compatible with City's computers, at no additional charge, if requested by City: SECTION 16. ACTIVITIES AND FINANCIAL REPORTS AND ADVERSE INFORMATION. A. Monthly and Quarterly Reports and Other Information. Contractor, at its sole expense; shall submit to the City such other information or reports in such forms and at such times as the City may reasonably request or require, including, but not limited to the following: 1. MonthlyRenorts. Monthly Reports will be submitted to City, transmitted in a format acceptable to City, by modem or disc, at City's option, if requested by City. The monthly report shall showthe number of tons collected and the tonnage delivered to disposal facilities, itemized by disposal facility. A computer disc with<a copy of the customer complaint log shall be submitted with the monthly report. 2. Quarterly Reports. In addition to providing a quarterly summary of the _1 4- Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management services Agreement monthly reports, Quarterly Reports shall include the following: a. Recyclable Solid Wastes (including Green Wastes): (1) A statementshowing, by type of material, tons received each month and tons marketed during the month. (2) A report providing recycling information and the number of service recipients participating: (3) A narrative description of problems encountered and actions taken, including efforts to deter and prevent scavenging. This is . to include a description of tons rejected for We after processing (type of material, tonnage), reason for rejection and Contractor's disposal method for the rejected materials. (4) A report of recycling program promotional activities,, including materials distributed by Contractor to its service recipients; coliectcd mclucluz�g.n�spositt:'on;; b. Hazardous Waste Dbiversion Reports: A copy or summary of the records required by SECTION 9.C, above. B, , Annual Report. By April 15th of 2001 and each year thereafter that collection services are provided pursuant to this Agreement, Contractor shall submit to City a written year-end Annual Report, for the preceding calendar year, in a 'form approved by the City. The Annual Report shall include information as to timely compliance with EXHIBIT "B" (P"LEMENTATION SCBEDULE) and the following information for the year. 1. General Information. General information sabout Contractor, including a list of Contractor's officers and members of its board of directors. A copy of Contractor's most recent annual and either periodic public financial reports and those of its parent corporation, affiliated corporations and other entities, if any, performing services underthis Agreement, as the City, following consultation with Contractor, may request, and as may be available. 2. Prior Year' s Activities. A report of the previous calendar year' s (or, in the case of the initial report, the initial months') activities in the City, including a cumulative As- Date of Printing: ;August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement summary of the Quarterly Reports, and information and statistics with respect to City' s -compliance with AB 939. 3. Recommendations. Changes in integrated waste management, including projections and proposed implementation dates and costs, recommended by Contractor and recommended amendments to the City' s Source Reduction and Recycling Element or this Agreement, based on developments in the law or technology. Contractor's recommendations with respect to compliance with AB 939 shall state the specific requirement of AB 939 that the implementation of the recommendation is intended to satisfy. C. Reporting Adverse Information. Contractor shall provide City two copies (one to the City, Manager, one to the City Attorney) of all reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, Local Enforcement Agency, the Securities and Exchange Commission or any other federal, state or local agency, including any federal or state court. Copies shall be submitted to City simultaneously with Contractor's filing or submission of such matters with said agencies. Contractor's routine correspondence to said agencies need not be routinely submitted to City, but shall be made available to City promptly upon City's written request D. Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement or otherwise, provided, that the City must follow the: procedures for dispute resolution found in SECTION 20 of this Agreement before declaring any such material breach. E. City's Review of Contractor's Performance. Annually, within ninety days of City's receipt of the Annual Report required by SECTION 16At above, City shall review the Annual Report and other available information and may hold a public hearing to determine whether Contractor's performance for the year reported on was satisfactory and whether to implement any changes recommended by Contractor. The reports required by this Agreement shall be utilized as the primary basis for review. In addition, any customer comments or complaints and any other relevant information may be considered. A Contractor representative shall be entitled to be present and may participate at any public hearing held by City to review Contractor's performance. If any noncompliance with the Agreement is reported to have occurred, City shall offer Contractor the opportunity to comment and offer information in rebuttal and to correct any deficiencies. F. Costs. All reports and records required under this Agreement shall be furnished at the sole expense of Contractor: aCertification: Contractor will provide a certification statement, under penalty of perjury, by the responsible corporate official, that the report is —16— Date of Printing; August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement true and correct. G. Submission of Reports. Reports shall be submitted to: City Manager for designated representative] City of Diamond Bar 21660 East Copley Drive, STE l00 Diamond Bar, California. 91765 Facsimile Number: 909.861.3117 Contractor agrees that cooperation between Contractor and the City is critical to the success of this program. City reserves the right to request from Contractor additional information reasonably and directly pertaining to this Agreement on an "as-needed" basis. H CERCLA Defense Records. City and Contractor agree that the ability to defend against CERCI.A and related litigation is of great importance. For this reason, City and Contractor regard the ability to prove where solid waste collected in the City was taken for disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and preservation systems which, in the event of litigation; can establish where solid waste collected he landfilled establish where it was not landfilled) and will provide a copy the rep required b SECTI "Hazardous Waste Inspection and Reporting," 9.C, "Hazardous Waste Diversion Records" and 16.A "MontlWopies Quarterly Reports," above, to the City Clerk. In addition, Contractor agrees to maintain of the foregoing reports for thirty (30) years after the end of the period during which collection " services are to be provided pursuant to this Agreement. Contractor agrees to notify City's Risk Manager and City Attorney before destroying Contractor's copies of such records. This provision shall survive the expiration of the period during which collection services are to be provided under this .Agreement. SECTION 17. INDEMNIFICATION AND INSURANCE. A. Indemnification of City. Contractor, upon demand of the City, made by and through the City Attorney, shall protect, defend, indemnify and hold harmless City, its elected officials, officers, employees, volunteers andagents from and;against any and all losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorneys fees, arising out of or resulting in any way from r; ; r s gi. it of-,Ws AgFeement to Cen#aetef et Contractor's exercise of its Contract Rights, including the provision of services under this Agreement, unless such claim is due to the sole negligence or willful acts of the City, its elected officials, officers, employees, agents or contractors. Contractor, upon demand of the City, made by and through the City Attorney, shall protect City and appear in and defend the City and its elected officials, officers, employees and ents in an claims or'actions b third arses whether 'udicial administrative or otherwise v nclud%ng, but not limited to disputes and litigation over the definitions of "Solid Waste" or "Recyclable Material" or the ,limits of City's authority with respect to the grant of -17- Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement workers' compensation insurance and Employers' Liability Insurance with a minimum limit of ONE MILLION DOLLARS ($1,000,000.00) in accord with the provisions and requirements of the Labor Code of the State of California. Copies of policies and endorsements that implement the required coverage shall be filed and maintained with the City Clerk throughout the term of this Agreement. The policy, providing coverage shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to City. The policy shall also be amended to waive all rights of subrogation against the City, its elected or appointed officials, employees; or agents for losses that arise from work performed by the named insured for the City. E. Liability Insurance. Contractor shah obtain and maintain in full force and effect throughout the entire term of this Agreement a Broad Form Comprehensive General Liability (occurrence) policy with a minimum limit of TEN MILLION DOLLARS ($10, 000, 000.40) aggregate and FIVE MILLION DOLLARS ($5,000,000.00) per occurrence and a Commercial Auto Liability Insurance policy with a minimum limit of FIVE MILLION DOLLARS ($5, 000,000. 00). Said insurance shall protect Contractor and City from any claims for damages for bodilyinjury, including accidental death, as well as from any claim for property damage, which may arise from operations; performed pursuant to this Agreement. The following language is required to be made a part of all of the insurance policies required by this SECTION; 1. "The City, of Diamond Bar, its elected officials, its employees, agents, volunteers and officers, are hereby added as additional insureds; to the extent of Contractor's indemnification obligations as set forth herein, but excluding negligence or willful misconduct, as respects liability arising out of activities performed by or on behalf of Contractor." 2. "This policy shall be considered primary insurance as respects any other valid and collectible insurance the City of Diamond Bar may possess including any self-insured retention the City of Diamond Bar may have, and any other insurance the City does possess shall be considered excess insurance and shall not contribute with it." 3. "This policy shall act for each insured, as though a separate policy had been written for each. This, however, will not act to increase the limit of liability of the insuring company. " 4. "Thirty (30) days' prior written notice by certified mail, return receipt requested, shall be given to the City of Diamond Bar in the event of suspension, cancellation, reduction in coverage or in emits or non -renewal of this policy for whatever reason. Such notice shall be sent to the City Manager, City Attorney and City Clerk " The insurance required by this Agreement shall be with insurers, which are Best A+ rated, and California -Admitted, or better. The City shall be included as an additional insured on each of the policies and policy endorsements. The insurance required by this Agreement is in addition to, and not in lieu or limitation of, the indemnification provisions in SECTIONS 17. A, I7.B and 17.0 above. Contractor shall obtain the written consent of City's Risk Manager prior to changing insurers providing insurance under this Agreement; which consent shall not be withheld —19— Date of Printing: August 10, 2000 Diamond Sar integrated Waste Management Services Agreement unreasonably. F. Evidence of Insurance Coverage; Insurance Repository. Contemporaneously with the execution of flus eemen} 'Contractor shall file , o�i, ,, of ;�:; ,..t: ��-. a &fib h r �.,.i,n..�—vt-ti��vpicu endersernents evidencing the above-required insurance coverage with the City Clerk. In addition, City shall have the right of inspection of all insurance policies required by this Agreement. Contractor also agrees to establish an insurance policy repository and to maintain copies of insurance policies required pursuant to this Agreement for thirty years (30 years) after the end of the term during which collection services are to be provided pursuant to this Agreement. Contractor shall noti. Ci s Risk Mana er and Ci. Attorne before destro 'ng copies of such Policies ��: This provision shall survive the expiration of the period during which collection services are to be provided under this Agreement. G Self-Insurance: To the extent provided by law, all or any part of any required insurance may be provided under a plan of self-insurance approved by the State of California. H Reduction of CERCLA and Other Liability. City and Contractor agree to meet annually in the fourth calendar quarter of each calendar year to discuss ways to reduce their respective potential CERCLA and other liabilities to third parties SECTION 18. CASH AND PERFORMANCE BONDS. A. Prior to the start of collection services under this Agreement, Contractor shall deposit funds, on terms satisfactory to City, in an interest-bearing account at an institution satisfactory to both City and Contractor, or provide a letter of credit, from an institution satisfactory to City, at the option: of Contractor, in the amount of ONE HUNDRED 'THOUSAND DOLLARS ($100,000.00). (The funds on deposit and the letter of credit are referred to collectively in this Agreement as the "Cash Bond".) In' addition to the Cash Bond, Contractor, at its option, shall deposit either a letter of credit or a performance bond (collectively referred to as "Performance Bond") in the amount of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00), or in such lesser amount as the City Manager may determine to provide adequate protection to the City. The Cash Bond (including any letter(s) of credit) and the Performance Bond ',(including any letter of credit) (collectively referred to as "Bonds") shall be on terms acceptable to the City Attorney. The Bonds, shall serve as security for the faithful performance by Contractor of all the provisions and obligations of this Agreement. All interest on a cash deposit, if made, shall accrue to Contractor. B. Upon Contractor's failure to pay the City an amount owing under this Agreement, the Bonds may be assessed by the City, for purposes including, but not limited to: 1; Reimbursement of costs borne by the City to correct violations of the Agreement not corrected by Contractor, after City provides notice in accordance with SECTION 20. A. 1. 2. To provide monetary '`remedies or to satisfy damages assessed against —20— Date of Printing: August 10, 2000 Diamond Ear Integrated Waste ivlanagement Services Agreement Contractor due to a material breach of this Agreement; or 3. To satisfy an order of the City Council. C. Contractor shall deposit a sum of money or a replacement instrument sufficient to restore the Bonds to the original amount within thirty (30) days after notice from the City that any amount has been withdrawn from the Bonds. Contractor shall be relieved of the foregoing requirement to replenish the Bonds during the pendency of an appeal from the City's decision to draw on the Bonds. The amount of the Bonds shall be adjusted annually on the anniversary of the execution of this Agreement. The annual adjustment shall be in the annual percentage Januaryto- January change in the Consumer Price Index for all Urban Consumers (National CPI -U). D. in the event the City draws on the Bonds, all of City's costs of collection and enforcement of the provisions relating to the Bonds called for by this SECTION, including reasonable attorneys', fees and costs, shall be paid by Contractor. E. y decision or order of City under this SECTION 18 may be appealed by Contractor through the dispute resolution procedures provided by SECTION 20 and 21 of this Agreement. SECTION 19. EMERGENCY SERVICE. A. Should Contractor for any reason whatsoever, except the occurrence or existence of an of the i . y events or conditions set forth in SECTION 25. A, Force Majeure, below, .refuse or . be unable for a period of more than forty-eight (48) hours, to collect -a material portion or all 'of the solid waste which it is obligated under this Agreement to collect; and as a result, solid waste should accumulate in City to such an extent, in such a manner, or for such a time that the City Manager in the reasonable exercise of the City Manager's discretion, should find, that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right to contract with another solid waste enterprise to collect and transport any or all solid waste which Contractor is obligated to collect and transport, pursuant to this Agreement. City shall provide twenty-four. (24) hours prior written notice to Contractor during the period of such emergency, before contracting g with another solid waste enterprise to collect and transport any or all solid waste that Contractor would otherwise collect and transport pursuant to this Agreement, far the duration of period during which Contractor is unable to provide such services. In such event Contractor shall identify sources from which such substitute solid waste services are immediately available, and shall reimburse City for all of its expenses for such substitute services during period in which Contractor is unable to provide collection and transportation services required by this Agreement. B. Contractor will assist City in the event of major disaster, such as an earthquake, storm, fire, flood, riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at the rates provided in EXIIIBIT "A't C. Contractor shall furnish to the City upon request at no additional charge emergency containers to store materials and supplies to be used in the event' of an emergency. Said containers shall be placed at all public schools and at City Hall or other City Facilities identified by .2 — Date of Printing; August' 10, 2000 Diamond Bar integrated Waste Management Services Agreement SECTION 20. ADNIINISTRATNE REMEDIES; TERMINATION. A. Notice; Response; Resolution; Appeal. 1. Notice of Deficiencies; Response. If the Integrated Environmental Services Coordinator (" Coordinator") determines that Contractor's performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the "California Integrated Waste Management Act (including, but not limited to, requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement) or any other applicable federal, state or local law or regulation, including but not limited to, the lawsgoverning transfer, storage or disposal of solid and hazardous waste, the Coordinator may advise Contractor in writing of such suspected deficiencies, specifying the deficiency in reasonable detail. The Coordinator, in any written Notification of Deficiencies, shall set a reasonable time within which Contractor is to respond. Unless the circumstances necessitate correction and response within a shorter period, Contractor shall respond to the written Notification .of Deficiencies within thirty (30) days from the receipt by Contractor of such written notice. Contractor may request additional time to correct deficiencies. City shall approve reasonable requests for additional time; 2. Review by Coordinator Notice of Appeal, a. The Coordinator shall review any written response from Contractor and decide the matter. The Coordinator may order remedial actions to cure any deficiencies, assess the Bonds or invoke any other remedy in accordance with this Agreement, and, in the event the Coordinator determines that there has been a material breach and that termination is' the appropriate remedy, terminate the Agreement The Coordinator shall promptly inform Contractor, of the decision. In the event the decision: is adverse to Contractor,' the Coordinator shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the Coordinator's decision and any remedial action taken or ordered. An adverse decision by the Coordinator shall be final and binding on Contractor unless Contractor files a "Notice of Appeal" with the ;City Clerk (vvith copies to the Coordinator and City Attorney) within 30 days of .receipt of the notification of the adverse decision by the Coordinator. b. In any "Notice of Appeal" Contractorshall state its factual contentions and include any relevant affidavits; documents,' photographs and videotapes which Contractor may choose to submit. In addition, Contractor shall include all of its legal contentions, citing provisions of the Agreement or other laws to support its contentions. —23— Date of Printing: August 10; 2000 ... .. ate.... .... -1 Diamond Bar Integrated Waste Management Services Agreement 3. Review by City Manager- ApDea1. a. Within thirty (30) days of receipt by the City Clerk of a Notice of Appeal, the City Manager shall decide the matter. The City Manager may order remedial actions to cure any deficiencies, assess the Cash Bond or invoke any other remedy in accordance with this Agreement and, in the event the City Manager determines that there has been a material breach and that termination is the appropriate remedy, terminate the Agreement. In addition to the foregoing actions, the City Manager may refer the matter to the City Council for proceedings in accordance with SECTION 20. B and 20. C, below. The City Manager shall promptly inform Contractor of the City Manager's decision. In the event the City Manager's decision is adverse to Contractor, the City Manager shall inform Contractor, in writing, of the specific facts found and evidence relied on, and the legal basis in provisions of the Agreement or other laws for the City ,Manager's decision and any remedial action taken or ordered. b. An adverse decision by the City Manager shall be final and conclusive unless Contractor files a "Notice of Appeal to the City Council" with the City Clerk (and serves a copy, by mail, on the City Manager and the City Attorney) within 10 calendar days of receipt of the decision of the City Manager. A "Notice of Appeal to the City Council" shall state the factual basis and all legal contentions and shall include all relevant evidence, including affidavits, documents, photographs and videotapes, which Contractor may choose to submit. B. City Council Hearing, If a matter is referred by the City Manager to the City Council, or an adverse decision of the City Manager is <appealed to the City, Council by Contractor, the City Council will set the matter for an administrative hearing and act on the matter. If the City Council elects to hear the matter, the City Clerk shall give Contractor fourteen (14) days written notice of the time and place of the administrative hearing. At the hearing, the City Council shall consider the administrative record, consisting of the following: 1. A Staff Report by the City Manager, summarizing the proceedings to date and outlining the City Council's options. 2. The Coordinator's written Notification of Deficiencies; 3. Contractor's response to the Notification of Deficiencies; 4. The Coordinator's written notification to Contractor of adverse decision; 5. Contractor's Notice of Appeal, 6. The City Manager's written notification to Contractor of adverse decision; and 7. The Notice of Appeal to the City Council. No new legal issues may be raised, or new evidence submitted by Contractor or City at this or at any further point in the proceedings, absent a showing of good cause. Contractor's representatives and other interested persons shall have a reasonable opportunity to be heard. C. City Council. Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager should be; upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager. If, based upon the administrative record, the City Council determines that the performance of -24_ Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Sen ices Agreement Contractor is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order ` Contractor to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The City Council may not terminate the Agreement unless it determines that Contractor is in material breach of a material term of this Agreement or any material provision of any applicable federal, state or local statute or regulation. Contractor's performance under the Agreement is not excused during the period of time prior to a final determination as to whether or not Contractor performance is in material breach of this Agreement, or the time set by City for Contractor to discontinue a portion or all of its services pursuant to this Agreement. The decision or order of the City Council shall be final and conclusive. Contractor has the right to file an appeal with a judicial court. as indicated in SECTION 20.D. With the exception of draws on the Bonds, the execution of City's remedies 111011MINIM shall be stayed until Contractor has exhausted its appeals under SECTIONS 20 and 21 of this Agreement. D. Appeal to Court. Except as otherwise provided in this Agreement, Contractor may appeal any decision, order or action by the City Council under this SECTION 20, as provided - in SECTION 21, below, by filing an appeal to a Court with jurisdictional authority within ten (10) business days of receipt of the decision by the CityCouncil and following the procedures set forth in SECTION 21, below. A decision of the City -Manager to refer a matter to the City Council may not be appealed. E. Reservation of Ri hts,by City. City further reserves the right to terminate this Agreement in the event of any ,material breach of this Agreement, including, but not limited to any of the following: 1. If Contractor practices, or attempts to practice, any fraud or deceit upon the City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotia- tions which preceded the execution of this Agreement; 2. If Contractor becomes insolvent, unable or unwilling to pay its debts, or upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding; 3. If Contractor fails to provide or maintain in full force, effect and amount, the workers compensation, liability and indemnification coverage, Cash and Performance Bonds as . required by this Agreement; 4. If Contractor vi=olates any orders or rulings of any regulatory body having jurisdiction over Contractor relative to this Agreement, in any material manner, provided that Contractor may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shallbe deemed to have occurred until a final decision adverse to Contractor is entered; 5. If Contractor ceases to; provide collection service as required under this Agreement over a substantial portion of the area of the City of Diamond Bar for a period of two (2) calendar days or more, for any reason within the control of Contractor; —2— Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement 6. If Contractor fails to make any payments required under this Agreement or refuses to provide City with required information„ reports or test results as to a material matter in a timely manner as provided in this Agreement; 7. Any other act or omission by Contractor which materially violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written Notification of Deficiencies or if Contractor cannot reasonably cor- rect or remedy the breach within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such alleged deficiencies within the time set forth in such notice and diligently effect such correction or remedy thereafter. F. Cumulative Rights. City's rights of termination are in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement. SECTION 21. APPEAL TO JUDICIAL COURT; HEARING PROCEDURES. Either party to this Agreement at any time after exhaustion of administrative remedies, if applicable, and following the appeal procedure set forth in SECTION 20, if applicable, may appeal a disputed matter to the appropriate Judicial Court of Jurisdiction pursuant to California Code of Civil -Procedure. The venue of any proceeding hereunder shall be as indicated in SECTION 25.F. ` SECTION 22. CITY' S ADDITIONAL REMEDIES. In addition to the remedies set forth ahoy Gi ;shall have the followin ri is a , : A. The right to contract with others to perform the services otherwise to be performed by Contractor; and B. The right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach thereof. SECTION 23 TRANSFER OF RIGHTS; CITY CONSENT; FEES. A. The rights granted by this Agreement shall not be transferred, sold, hypothecated, sublet or assigned (collectively "transferred"), nor shall any of the rights or privileges herein be hypothecated, leased, assigned, sold or transferred either in whole or in part, nor shall title thereto, either legal or equitable, or any y right, interest or property therein, pass to or vest in any person, either by act of Contractor or by operation of law, without the prior written consent of the City'Wressed by resolution. Any attempt to do any of the foregoing with respect to any of the rights herein without the consent of City shall be void. For purposes of this Agreement, any dissolution, merger, consolidation,; change in control or other reorganization of Contractor shall be _26. Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Service, Agreement deemed an assi ent of this eement. or uses of this SECTION a chane of corporate name shall not be deemed to -he a transfer of rights. B. The City shall not unreasonably withhold its consent to a transfer of the rights granted by this Agreement. The City may impose reasonable conditions of approval on a transfer. Theapplicantfor the transfer shall demonstrate to the City' s satisfaction that it has the operational and financial ability to carry out the obligations of the Agreement: C. Any application for a transfer of rights shall be made in a manner prescribed by the City Manager. The application shall include a Transfer Application Fee in an amount to be set by City, by Resolution of the Council. The Transfer ApplicationFee is. intended to offset the City's. anticipated costs of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze the application. Contractor shall reimburse the City for all reasonable consultants', attorneys' and staff costs- directly related to the City's consideration of the application for transfer not offset by the Transfer Application Fee, whether or not the City approves the application for transfer of rights. City's request for reimbursement under this SECTION shall be supported with evidence of the expense or cost incurred: Contractor shall reimburse City within thirty (30) days of receipt of City's request for reimbursement. SECTION 24 USE OF PROGRAM NAME. The program name "Diamond Bar Recycles" refers to all Integrated Solid Waste Management Services available to; service recipients of the City of Diamond Bar: Contractor may use "Diamond Bar Recycles" to help people identify with the civic pride and environmental good of responsibly managing solid waste. Contractor's use of the ,program name does not relieve Contractor of its obligations under this Agreement, nor is it to be construed as constituting an arrangement by the City for the disposal of solid waste, nor to create an agency relationship. SECTION 25 ' GENERAL PROVISIONS. A. Force Majeure. Contractor shall not be in default under this Agreement in the event that the: collection, transportation and/or disposal services of Contractor are temporarily interrupted for any of the following reasons: riots, war or national emergency declared by the Presi- dent or Congress and affecting the City of Diamond Bar; sabotage, civil disturbance; insurrection; explosion; natural disasters such as floods, earthquakes, landslides and fires; strikes, lockouts and other labor disturbances, or other catastrophic events which are beyond the reasonable control of Contractor. "Other catastrophic events" does not include the financial inability of Contractor to perform or failure of Contractor to obtain .any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public entity where such failure occurs where 'Contractor has failed to .exercise reasonable diligence. In the event a labor disturbance interrupts ;collection and transportation of solid waste, and/or disposal of solid waste by Contractor as required under this Agreement, City may elect toexert i its rights under SECTION 22 of this Agreement.' B. Computer Hardware and Software. Contractor will be required to obtain all -27- Date of Printing: August 10, 2000 Diamond Bar Integrated waste Management services Agreement necessary computer software, hardware, supplies, personnel and training at Contractor's expense to comply with the City's reporting requirements. Contractor will incur all costs of moving comput- ers, including phone lines in the event they need to relocate. Contractor will maintain a computerized database, with the capacity to maintain an account history of at least eighteen months. Any older account information will be maintained on diskettes, tape, zip drive, or a Bernoulli cartrid a for the fullterm of the contract and ' City will. have access to these records during regular business hours. C. Independent Status, Contractor is an independent entity and not an officer, agent, servant or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, employees, Contractors and sub -Contractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor, 'nor an arrangement for the disposal of hazardous substances. Neither Contractor nor its officers, employees, agents or sub -Contractors shall obtain any rights to retirement or other benefits which accrue to City employees. D. Pavement Damage. Normal wear, and tear on City streets resulting from general vehicular traffic excepted, Contractor shall be responsible for damage to City's driving surfaces, whether or not paved, resulting from the operation of Contractor's vehicles providing solid waste collection services within the City. Contractor understands that the exercise of this Agreement may involve operation of its collection vehicles over private roads and streets. Disputes between Contractor and its service recipients as, to damage to private pavement are civil matters and complaints of damage will be referred to Contractor as a matter within its sole responsibility and as a matter within the scope of SECTION 17.A, above: E. Property Damage. Any physical damage caused by the negligent or willful acts or omissions of employees of Contractor to public or private property shallbe repaired or replaced by Contractor at Contractor's sole expense. Except as provided ' in SECTIONS 17 and 25. D, above, this Agreement does not purport to affect, in any way, Contractor's civil liability to any third parties. F. Law to Govern; Venue. The law of the State of California shall govern this Agreement without regard to any otherwise governing principles of conflicts of laws. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the District of California in which the City of Diamond Bar is located. G Gratuities. Contractor shall not, nor shall it permit any officer, agent or em- ployee to request, solicit, demand or accept, either directly or indirectly, any gratuity for the collection of solid waste required to be collected under this Agreement. IL AB 939 Amendments. This Agreement is part of City's efforts to comply with the provisions of the California Integrated Waste,Management Act of 1989, ("AB 939") as it from time to time may be amended and .as implemented by the regulations of the California Integrated Waste Management Board ("Regulations"), as they from time to time may be amended, the City's —29— Date of Printing: August 10, 2000 Diamond Bar Integrated Waste Management Services Agreement or to such other address as either party may from time to time designate by notice to the other given in accordance with this SECTION. Notice shall be deemed effective on the date personally served ;, or sent by telecopier or, if mailed he U&,ed Swes Mail K Contract Administrative Processing Fee, The process of selection of a contractor for the expressed purpose of establishing rights to collect refuse or recyclables is both time consuming and resource depletive. The Contractor shall remit a one-time Administrative Processing Fee to the City. The Administrative Processing Fee is intended to offset the City's anticipated costs of all reasonable and customary direct and indirect administrative expenses including consultants and attorneys, necessary to analyze the contractor's proposal and prepare its contract. Contractor shall pay the: City the fee within thirty (30) days of receipt of City's request for payment. For purposes of this agreement, the fee shall be based on the amount of waste currently disposed in the awarded sector divided by the total waste disposed for the entire City as established by permitted haulers' reports. L. Savings Clause and Entirety. If any non. -material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the; remaining provisions of this Agreement NL Joint Drafting. This Agreement` was drafted jointly by the parties to this Agreement O. Inclusion of Additional Documents. This Agreement incorporates by reference f the following specific documents: the RFP distributed by the City (EXHIBIT D), the proposal by the Contractor, (EXHIBIT E), and any amendments or provisions by either party that affects the terms of the Agreement limited in that the invalidity' or, unenforceability of such amendment- or provision shall not affect the validity and ,enforceability of any of the remaining provisions of. this Agreement —30— Date of Printing: August 10, 2000 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO® Honorable Mayor and Members of the City Council MEETING DATE: August 1, 2000 REPORT DATE: July 27, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Goals and Objectives for Fiscal Year 2000-01 SUMMARY: The City Council held Study Sessions on May 2, 2000 and June 6, 2000 to discuss Goals and Objectives for FY 2000-01. Goals and their various subsections were rated and ranked. At its August 1, 2000 Study Session, the City Council finalized the list of Goals and Objectives for Fiscal Year 2000-01. The final list is comprised of 26 goals and subsections of those goals. RECOMMENDATION: It is recommended that the - City Council accept the Goals and Objectives for Fiscal Year 2000-01: LIST OF ATTACHMENTS: _ Staff Report Public Hearing Notification Resolution(s) _ Bid Specification Ordinance(s) X Other:Goals and Objectives FY00-01 — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST. 1. Has the resolution, ordinance or agreement been reviewed NIA _Yes No by the City Attorney? _ 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? N/A _ Yes No 4. Has the report been reviewed by a Commission? N/A _ Yes _ T No 5. Are other` departments affected by the report? NIA Yes _ No Report discussed with the following affected departments; Y: Terrence City Manager OKI--_ David Doyle Teresa Arevalo Deputy City Manager Senior Administrative Assistant 0 0 00 O N c® 00 O �d 00 N O N 00 v cv Q W —+ N U W M U Q p W E` N p4 W (1 U M U pq W 113 21 Qq 8n O ® ^ O d4 �y ® �9z 14) N' pq U A W 0 0 00 O ~`~ w 11 ti 4-4 Ln Ql rA Z2 Iz, Qn w 0 0 0 00 d n o O x C7 .ti � •ti o C Z� A O O 13 _? 42 �� r y � � � ty ,� O O o� O � � � •� o, � o� 3 tZ3r3 0 0 0 00 0 0 rl 00 O u C p N N N O l s- N Ct N oO N �p o0 Q w u O �✓ rQtl Z O 42 t to y 4 6 t3 0 Iz tnIzO �1L Z Cry,. � • � � O O � � is 7�r � °ria � � � ti � � �' `� W u N •"1V aj i/••i ST V.1 ..1 ai U • ;`. . tw. _ A' "iLG h.. / `Q •I•�•1 C% �••1 !•b 1�•• /•^� M••i Qi' U rV •CnU a U. o v wJ �i 2 Q U .i O 4 0 0 rl 00 O u 0 0 0 00 a Nc W) N ra ePa er vi -; va va �a `a PA N C� pq N cyD t- .le•� � ' � N oa ��14 t ems{ rq�-I �\4�-1 A o v O O O t `� 44 O O �W ci ern • •v� �j eK to o v to Z; r o c ^�0 rA W s, v to o -SZ! � `' .., ,� 04 Zt LC •� a°'1D ® U z p oca cz C4, 22 °o y "cz 41 zo� ti IV ;-a p u 'I, jz, 0 0 0 00 a x til � v N a✓ N mss- M �.s rM � N' N C�➢. N N al Q U Q r�•i 00 00 end N 00 in N N N N N g ti U A N N rq. N N O � --tt � Cd v y .. '� o Oq ® O qty, GD- r"F• � °� fir" O r. CZ y'. o 6441 to tc 0 °d O010 o nz Q 4: cn U W W a 05 CITY OF DIAMOND BAR AGENDA REPORT AGENDA N0. TO: Honorable Mayor and Members of the City Council MEETING DATE: August 15,2000 REPORT DATE: August 10, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. XX, Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement system (CaIPERS) and the City Council of the City of Diamond Bar. SUMMARY: At its June 20 meeting, the City Council approved the FY 2000-01 Municipal Budget Overview. Included in the overview were personnel recommendations including a contract amendment for the CaIPERS 2% @ 55 Full formula (Section 21354) Retirement Benefit. The Budget document presented included appropriations for the estimated cost associated with the CaIPERS amendment. In order to amend the current contract to provide Section 213549 CALPERS requires a series of agency actions. Adoption of Resolution No, xx is the first required agency action. 'Resolution No. xx and the proposed contract amendments are included in this staff report. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar adopt Resolution No. xx, Resolution of Intention to approve an amendment to the contract between the Board of Administration California Public, Employees' Retirement System and the City Council of the City of Diamond Bar and authorize the City Clerk to execute Certification of Governing Body's Action (PERS-CON-12)., LIST OF ATTACHMENTS: X Staff Report ® Public Hearing Notification X Resolution(s) Bid Specification (on file in City Clerk's office) Ordinance(s) ® Other: PERS-CON-12 Agreement(s)'" Amendment to Contract (Reno. exhibit) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST:, 1, Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? NA Yes - No 4. Has the, report been reviewed by a Commission? NA - Yes No Which Commission? 5. Are other departments affected by the report? NA — Yes _ No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger David A. Doyle Teresa Arevalo City Manager Deputy City Manager Senior Administrative Assistant j AGENDA NO. CITY COUNCIL REPORT MEETING DATE:August 15, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager TITLE: Resolution, No. XX, Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement system (CaIPERS) and the City Council of the City of Diamond Bar. SUMMARY: At its June 20, '2000 Study Session, the City Council was presented with the FY 2000-01 Municipal Budget General Fund Overview. Included in the overview were personnel recommendations including a contract amendment for the CalPERS 2% @ 55Full formula (Section 21354) Retirement Benefit. The Budget document presented included appropriations for the estimated cost associated with the CalPERS contract amendment. At its June 20, 2000 City Council meeting, the City Council adopted the FY 2000-01 Municipal Budget including the CalPERS contract amendment to include Section 21354. In order to amend the current contract to provide Section 21354, CALPERS requires a series of agency actions. Resolution No. xx is the first required agency action. Following are the necessary agency `actionso 1. Adoption of Resolution of Intention As part of the CalPERS requirement, the City must adopt a Resolution of Intention to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Diamond Bar. Resolution No. xx will satisfy this requirement. Upon adoption of the Resolution, the City Clerk must provide to CalPERS form CON -12, Certification of Governing Body's Action. 2. Introduce Ordinance — As part of the CaIPERS requirement, the City must adopt an Ordinance. Ordinance No. xx will be introduce on August 15, 2000. Ordinance No. xx is an Ordinance of the City Council of the City of Diamond Bar authorizing an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Diamond Bar. Ordinance No. XX will satisfy this requirement. Upon adoption of the Ordinance, the City Clerk must provide to CalPERS form CON -12A Certification of Governing Body's Action. 3. Employee Election — This is not applicable. Section 21354 (2% @ 55 Full Formula) does not change the employee rate of contribution; therefore, an employee election is'not required. 4. Adoption of. Final Ordinance- September 5, 2000. CalPERS Amendment (Resolution) Page 2 Upon adoption of Resolution No., xx,. the City of Diamond Bar may proceed to the next agency actions introduction of Ordinance No. xx. The effective date of the contract amendment will be October 7, 2000, the first day of the payroll period following the effective date of the Ordinance. FISCAL IMPACT The City of Diamond Bar has requested ai contract amendment cost analysis to provide Section 21354. The costs associated due to the adoption of the plan amendment will result in "a 2.4951/ochange in the employer rate. There is no change to the employee rate for the planamendment. No additional funding is needed since staff has incorporated the anticipated agency costs into the 2000-01 Budget. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar adopt Resolution No. xx Resolution of Intention to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Diamond Bar and authorize the City Clerk to executeCON-12, Certification of Governing Body's Action (Attachment A). Prepared by Teresa Areval® Senior Administrative Assistant CITY OFDIAMOND ,BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: `August 15, 2000 REPORT DATE. August 10, 2000 FROM: Terrence L. Belanger, City Manager TITLE: An Ordinance of the City Council of the City of Diamond Bar authorizing an amendment to the contract between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement system (CalPERS) SUMMARY: At its June 20 meeting, the City Council was presented with the FY 2000-01 Municipal Budget Overview. Included in the overview were personnel recommendations including a contract amendment for the CalPERS 2% @ 55 Full formula (Section 21354) Retirement Benefit. The Budget document presented included appropriations for the estimated cost associatedwith the CalPERS contract amendment.. At its June 20, 2000 City Council meeting, the City Council adopted the FY 2000-01 Municipal Budget including the CalPERS contract amendment to include Section 21354. In order to amend the current contract to provide Section 21354, CALPERS requires a series of agency actions. Adoption of Ordinance No. xx is the next required agency action. Ordinance No. xx and the proposed contract amendments are included in this staff report, RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar introduce Ordinance No. xx, authorizing an amendment to the contract between the Board of Administration. California Public Employees' Retirement System and the City Council of the City of Diamond Bar and authorize the City Clerk to execute CON -12A, Certification of Compliance with Government Code Section 7507. LIST OF ATTACHMENTS: X Staff Report ® Public Hearing Notification Resolution(s) ® Bid Specification (on file in City Clerk's office) X Ordinance(s) Other: PERS-CON-12A Agreement(s) EXTERNAL DISTRIBUTION: - SUBMITTAL CHECKLIST: 1 a Has the resolution, ordinance or agreement been reviewed _ Yes X No " by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 1 Has environmental impact been assessed? NA _ Yes No 4. Has the report been reviewed by a Commission? NA Yes _ No Which Commission? _ 5. Are other departments affected by the report? NA Yes No Report discussed with the following affected departments: RE D B) Terrence L. Be City Manager 000 David A. Doyle Deputy City Manager DEPARTMENT HEAD: Teresa Arevalo Senior Administrative Assistant AGENDA NO. CITY COUNCIL REPORT MEETING DATE: August 1.5, 2000 TO Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager TITLE An Ordinance of the City Council of the City of Diamond Bar authorizing an amendment to the contract between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement system (CaIPERS). RECOMMENDATION It is recommended that the City Council of the City of Diamond Bar introduce Ordinance No. xx, an Ordinance of the City Council of the,City of Diamond Bar authorizing an amendment to contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Diamond Bar and authorize the City Clerk to execute CON -12A, Certification of Compliance with Government Code Section 7507. FISCAL IMPACT The City of Diamond Bar has requested a contract amendment cost analysis to provide Section 21354. The costs associated due to the adoption of the plan amendment will result in a 2.495% change in the employer rate., There is no change to the employee rate for the plan amendment. No additionalfunding is needed since staff has incorporated the anticipated agency costs into the 2000-01 Budget, BACKGROUND/DISCUSSION At its June 20, 2000 Study Session, the City Council was presented with the FY 2000-01 Municipal Budget General. Fund Overview. Included in the overview were personnelrecommendations including a',contract amendment for the CalPERS 2% @ 55Full formula (Section 21354) Retirement Benefit. The Budget document presented included appropriations for the estimated cost associated with the CalPERS contract amendment. At its June 20, 2000 City Council meeting, the City Council adopted the FY 2000-01 Municipal Budget including the CalPERS contract amendment to include Section 21354. In order to amend the -current contract to provide Section 21354, CALPERS requires a series of agency actions. Ordinance No. xx is the second required agency action. Following are the necessary agency actions: 1. Adoption of Resolution of Intention — As part of the CalPERS requirement, the City must adopt a Resolution of Intention to approve an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Diamond 'Bar. Resolution No. xx will satisfy this requirement. ,Upon adoption of the Resolution, the City Clerk must provide to CalPERS form CON -12, Certification of Governing Body's Action. CalPERS Amendment (Ordinance) Page 2 2. Introduce Ordinance - As part of the CaIPERS requirement, the City must adopt an Ordinance. Ordinance No; xx is an Ordinance of the City Council of the City of Diamond Bar authorizing an amendment to the contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Diamond Bar. Ordinance No. XX will satisfy this requirement. Upon adoption of the Ordinance, the City Clerk must provide to CalPERS form CON-12A, Certification of Governing Body's Action. CON-12A is included in this staff report. 3. Employee Election- This is not applicable. Section 21354 (2% @ 55 Full Formula) does not change the employee rate of contribution; therefore, an employee election is not required; 4. Adoption of Final Ordinance — September 5, 2000 As required by Government Code Section 7507, the future annual cost of the proposed contract amendment must be made public prior to the adoption of the final documents. The following are costs due to the adoption of this pian amendment: 1. Change in the Present Value of Benefits $ 437,734 2. Change in Unfunded Accrued Liability $ 92,142 3. Change in employer rate 2.495%® Upon completion of the above agency actions, the effective date of the Ordinance will be October 5, 2000, which is 30 days following adoption of the ordinance. The effective date of the contract amendment will be October 7,2000, the first day of the payroll period following the effective date of the Ordinance. Prepared by. Teresa Arevaio Senior Administrative Assistant CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO TO:. Honorable Mayor and Members of the City Council MEETING DATE: August 15, 2000 REPORT DATE: August 9, 2000 FROM: Terrence L. Belanger, City Manager TITLE: ORDINANCE NO. XX (2000) ,OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE , STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE SUMMARY: The California Regional Water Quality Control Board - Los Angeles Region (Regional Board) approved the final version of the Standard Urban Storm Water Mitigation Plans (SUSMPs) on January 26. 2000. The SUSMPs must be implemented by all Los Angeles County, storm water co -permittees, including the City of Diamond Bar, to take effect by October 8, 2000 or face a fine of $10,000 per day. The City Council passed Resolution No. 2000-12 on February 15, 2000, supporting apetition to the State Water Resources Control Board (SWRCB) contesting the Regional Board's action on the SUSMPs. That petition is under' consideration by the SWRCB. In the meantime, the City must implement the SUSMPs; and this ordinance establishes the means to do so. If, in the future, the SWRCB addresses the City's concerns adequately, the Municipal Code could be modified. The specific modifications to the Municipal Code are described in the attached staff report. RECOMMENDATION: That the City Council approve the first reading by title only and waive full reading of Ordinance No. XX (2000) of the City Council of the- City of Diamond Bar Amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide Storm Water Pollution Control For Planning and Construction of New Developmentand Redevelopment Projects and Amending the Diamond Bar Municipal Code. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolutionr Bid Specification X Ordinance _ Other EXTERNAL DISTRIBUTION' SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance, or agreement been reviewed? X Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes No 4. Has the report been "reviewed by a Commission? N/A - Yes _No Which Commission? 5. Are other departments affected by the report? N/A Yes _ No Report discussed with the following affected departments:' REVIEWED BY: Terrence L. Belanger James DeStefanoaid Liu City Manager Deputy City Manager Director of Public Works CITY OF DIAMOND BAR STAFF REPORT AGENDXNO. TO: Honorable Mayor and Members of the City Council MEETING DATE: August 15, 2000 REPORT DATE: August 9, 2000 FROM: Terrence L. Belanger, City Manager TITLE: ORDINANCE NO. XX (2000) OF THE. CITY, COUNCIL OF THE CITY OF DIAMOND BAR AMENDING: THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE' Background The Cityis a co -permittee under the National Pollutant Discharge Elimination System (NPDES) permit issued by the California Regional Water Quality Control Board (Los Angeles Region). This permit allows discharge of storm water from non -point sources into the rivers and oceans under, strictly controlled conditions. As the local agency in charge of development and planning, the City must comply with the permit or be subject to fines. This staff report provides information about the Standard Urban Storm Water Mitigation Plans (SUSMPs), the City's position related to SUSMPs, the proposed amendments to the Municipal Code, and the SUSMPs, themselves. Discussion The current NPDES permit, which expires on June 30, 2001, requires development and implementation of a Standard Urban Storm Water Mitigation Plans or SUSMPs, which specify best management practices (BMPs) that must be used by developers to prevent and/or control or treat storm water pollution. The SUSMPs are the latest addition to the requirements of the current storm water permit that is slated to expire in June 2001. The permit has included the following model plans: Public- Agency Activities, Illicit Connections and Discharges, Development, Development Planning,' and Construction Activities. The Development Planning Model. Program (DPMP), approved on February 11,, 1999, is the basis of the SUSMPs. It ensures that storm water management considerations are integrated into planning, permitting, and construction of all projects that require discretionary approval. In most cases, BMPs would be incorporated into design plans to address storm water issues. BMPs range from public education and outreach to use of pervious soils to retention facilities. BMPs have a wide range of scope and cost as a result. While many BMPs are common practice and actually address several planning issues, some BMPs are very costly in terms of both construction and ongoing maintenance. The DPMP is a guide to when and what BMPs should be implemented within a development project. The DPMP required the co -permittees to develop Standard Urban Storm Water Mitigation Plans or SUSMPs for discretionary projects as defined by CEQA. There are nine (9) types of new development and redevelopment project categories affected: Staff Report to City. Council, August 15, 2000 2 1. Single-family hillside residences; 2. One hundred thousand or more square foot commercial developments; 3. Automotive repair shops; 4. Retail gasoline outlets; 5. Restaurants; 6. Home subdivisions with 10 to 99 housing units; 7. Home subdivisions with 100 or more housing units; 8. Projects located within, or directly adjacent to, or discharging directly to an environmentally sensitive area; and 9. Parking lots of 5,000 square feet or more area or with 25 or more parking spaces and potentially exposed to storm water run off (i.e., no roofing). For obvious reasons, Diamond Bar is affected by SUSMPs (e.g., hillside 'developments and low soil -infiltration capacity). The purpose of SUSMPs is to outline specific BMPs that must be incorporated into design plans for these nine types of developments. These nine types of developments are singled out because some thought these to be larger contributors to storm water pollution back in 1996 when the NPDES permit was negotiated by the County. While the co -permittees fought hard at the time to justify the SUSMPs, requirements were retained and today we are dealing with the results. The SUSMPs were first proposed back in August 1999, but were revised unilaterally to include numerical mitigation measures over the objections of the co -permittees by the CRWQCB=Los Angeles Region and approved on January 26, 2000. The required effective date of the implementation of the SUSMPs as embodied by local ordinance by co -permittees is October 8, 2000. Failure to implement the SUSMP is punishable by a $10,000 per day fine: The specific objections of the co -permittees related primarily to imposition of the numerical mitigation measures. The numeric measures specify BMP -design criteria based on the "mitigation of smaller storms to capture a large percentage of run-off events, run-off volume, and pollutant loads. As currently approved, the numeric limit is the 0.75 inch of rainfall within a 24-hour period criterion for the Los Angeles area. The result of this is that for the nine categories of projects,. specific BMPs will be required to meet the criterion. Specific BMPs could likely include retention basins, wet ponds, infiltration basins, catch basin inserts, bio -retention facilities, and dry wells. These BMPs are not only costly to build, but they are extremely costly to maintain and operate. Moreover, they may or may not work effectively against the pollutants targeted by SUSMPs. Another aspect is that the City is responsible to require developers to incorporate these requirements into their project plans; therefore more resources will need to be expended on review and approvals of developmental plans. Following. development/redevelopment, property owners must properly maintain BMPs; and the City must inspect the projects on an as -needed basis to assure compliance. If the property/BMPs are abandoned, there is a potential that the City might be required to operate them. As a result, the City Council` passed Resolution No. 2000-12 (see Attachment A) on February 15, 2000 to join with the City of Signal Hill and 31 other cities to oppose the SUSMPs via a ,petition to the State Water, Resources Control Board (SWRCB). This petition is still awaiting a formal ruling. In the meantime, the City is bound by the NPDES permit to implement the approved SUSMPs. Staff Report to City Council, August 15, 2000 3 Currently, all 33 opposing cities are in varying stages of complying with the SUSMPs. Some are submitting general amendments while others are incorporating language that is more specific. The City of Diamond Bar has a Storm Water and Urban Runoff Pollution Ordinance No. 4 (1996) that predates all of the model plans; therefore, the draft ordinance reflects a number of upgrades in addition to SUSMPs. If, in the future, the SWRCB addresses the City's concerns adequately, the municipal code could be modified. The draft ordinance is included as Attachment B. Financial Summary The costs of implementing the provisionsof the draft ordinance are not fully known; `however, they are considered less than the potential fine from the Regional Board ($10,000 per day). The implementation costs will be borne by: (1) the City in terms of additional labor and expenses from inspections, plan checks and reviews, and enforcement, and (2) the public in terms of planning and constructing the various BMPs their operation, and their maintenance. if a property owner defaults on his or her obligations, the City may be responsible under the permit to undertake BMP operation, monitoring, and maintenance activities. Recommendation That the City Council approve the first reading by title; only and waive full reading of Ordinance No. XX (2000) of the City 'Council of the City of Diamond Bar Amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide Storm Water Pollution Control For Planning and Construction of New Development and Redevelopment Projects and Amending the Diamond Bar Municipal Code. Prepared by: David G. Liu/J. Michael Huls specific terms that had not been agreed to by the City. By the Januar, 262 2000 public hearing, the Regional Board had not commenced or complied with the Administrative Review Process as set forth under Order No. .96-054, a process required to be followed for the review and consideration of the SUSMP Program submitted by the Permittees. Further-, the terms included to the Re proposed. Program included numerical mitigation measures on Regional Board'st, ro sed. SUSMP the retention and/or treatment of storm water runoff of .75" within a 24 hour storm event for nine (9) project categories which had not been agreed to by the Permittees and which had not been included in the Permittees' SUSMP Program; 3 WHEREAS, the numerical mitigation measures and other SUSMP terms proposed by Regional Board staff were, with some modification, approved by the Regional Board on January 26 2000, whereupon the Board directed its Executive Officer to approve the Regional Board's proposedSUSMP Program with the Board's imposed modifications; WHEREAS, the Regional Board mandated SUSMP Program would, in many cases, necessitate` the imposition of structural controls on new developments, including but not limited to extended detention' basins, wet ponds, infiltration basinstponds (which reduce - the developable space), storm r drain -connected oil/grease separators, catch basin inserts, grassy, swales and other devices, in the following development projects: gas stations, restaurants over 5,000 square feet, auto repair shops, 10-99 home subdivisions, 100+ home subdivisions, single family hillside homes, 100,000 sq. f. commercial :development projects, development in an undefined area known as environmentally sensitive areas and parking lots with 25 or more spaces (equivalent to approximately 5,000 sq. ft. of surface area). The Regional Board mandated SUSNIP Program will also apply to redevelopment occurring in the above categories I if the redevelopment results in the "creation or addition of fifty percent or more of impervious surfaces, or the making of impervious surfaces, or the making of improvements to fifty percent t or more of the existing structure;" WHEREAS, the action taken by the Regional Board was not authorized by the Permit, the Clean Water Act, or state law and does not appear to have been supported by sufficient studies and investigation into the effectiveness of the proposed numerical mitigation measures, nor was it supported by a cost benefit analysis; WHEREAS, the Regional Board mandated SUSMP Program would not only apply to discretionary projects brought before the ,City but also to non -discretionary projects. The mandated SUSMP Program is to be codified .by new City ordinances within six (6) months of the Executive Officers' formal approval of the same, and is to be implemented thirty (30) days thereafter by the City; WHEREAS, the action taken by the Regional Board on January 26, 2000, and the action to be taken by the Executive Officer pursuant to the direction of the Regional Board, are inconsistent with the -requirements of the Permit, the Clean Water Act, and state law, and will result in the imposition of unfunded mandated programs on the City and its citizenry, whereby such mandated programs have not been shown to be cost effective or to reduce pollutants to the maximum extent practicable, as: provided for under the Clean Water Act; 2000-12 4, r 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does hereby ordain, as follows: Section 1. Section 8.12.1630 of`Title,8, Division', -5 of the Diamond Bar Municipal Code is hereby amended by adding thereto a new subparagraph (d) to read as follows: "(d) This Chapter also sets forth requirements for the construction and operation of certain"Commercial Development", "New Development" and "Redevelopment" and other projects (as further defined herein)which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the ,Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board- Los Angeles Region, and on file in the office of the City Clerk of this City. This Chapter authorizes the Authorized Enforcement Officer to define and adopt applicable Best Management' Practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to collect funds from projects which are granted such waivers, to cite infractions and to impose fines pursuant to this Chapter. Except as otherwise provided herein, the Authorized Enforcement Officer shall administer, implement and enforce the provisions of this section." Section 2. The first (lireamble) paragraph of Section 8.12.1640 of Title 8, Division'5 of the Diamond Bar Municipal Code is hereby amended to read as follows: "Except as specifically provided herein,any term used in this Chapter shall be defined as that term is defined in the current Municipal NPDES Permit, or as defined in the current version of the Standard. Urban Storm Water Mitigation Plan ("SUSMP") approved by the Regional Water Quality Control Board- Los Angeles Region, or if it not specifically defined in either the Municipal NPDES Permit or the SUSMP, then as such term is defined in the Federal Clean Water Act, as amended, and/or the, regulations promulgated thereunder. If the definition of any term contained in this ordinance conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this Chapter:" 1213110002\617631.1 -1 Section 3. Paragraph 3 of Section 8.12.1640 of Title 8, Division 5 of the Diamond Bar Municipal Code defining the term "Best management practices" is hereby amended to read as follows: "'Best Management Practices (BMP's)" means activities, practices, facilities, and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program; technology, process, siting criteria, operational methods or, measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMP's may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge- or waste -handling and disposal, among others:" Section 4. Section 8.12.1640 of Title 8, Division 5 of the Diamond Bar Municipal Code is hereby amended to add the following new definitions in appropriate alphabetical sequence: 'Automotive Repair Shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536- 7539 (as amended). "Commercial Development" means any development'on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions,', recreational facilities, plant nurseries, multi - apartment buildings, car wash facilities, mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes. "Discretionary Project" means a project which requires the exercise of judgment or deliberation when the City must approve or disapprove a particular activity, as distinguished from situationswhere the City ' merely b has to determine whether there has been conformity with . applicable statutes ordinances or regulations. "Environmentally Sensitive Area" means an area designated as an "Area of Special Biological Significance " by the State Water Resources Control Board (Water Quality Control Plan, Los Angeles Region.• Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties (1994) and amendments) or an area designated as an "Area of Ecological Significance by the County of Los Angeles" (Los Angeles County Signifi&tnt Areas Study, Los Angeles County. Department of Regional Planning (1976) and amendments), or an area designated as a "Significant Natural Area" by the California Resources Agency, and as defined in the current version of the SUSMP approved by the Regional' Board. "Greater than (>) 9 unit home subdivision" means any subdivision being developed for 10 or more single-family or multi -family dwelling .units. 12131\0002\617631.1 -2- "Hillside" means property located in an area with known erosive soil conditions, where the development contemplates grading on any natural slope that is twenty-five percent (25% o) or greater. "Infiltration" means the downward entry of water into the surface of the soil. "New Development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. "One Hundred Thousand (100,000) Square Foot Commercial Development" means any Commercial Development that creates at least one hundred thousand (100,000) square feet of impermeable area, including parking areas. "Parking Lot" means land area or a facility for the temporary parking or storage of motor vehicles used personally, for business or for commerce with a lot size of five thousand (5,000) square feet or more, or with twenty-five (25) or more, parking spaces. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervious surfaces or the creation or addition of fifty (50% o) percent or more of impervious surfaces or the making of improvements to fifty (50%) percent or more of the existing structure, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. "Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. (SIC code 5812). "Retail Gasoline Outlet" means any facility engaged in selling gasoline and lubricating oils: "Source Control BMP" means any schedule of activities, prohibition of practices, maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Standard Urban Storm Water Mitigation Plan" or "SUSMP"means the current version of the Standard UrbanStormWater Mitigation Plan approved by the Regional Board, and on file in the office of the City Clerk of this City, and the NPDES Permit models that have been approved by the Executive Officer of the Regional Board for implementation to: control storm 12131\0002\617631.1 -3- a water pollution from a New Development and Redevelopment or any project specifically identified in Section 8.12.1695(a). "Stop Event'' means arainfall event that produces more than 0.1 inch of precipitation and that is separated from the previous storm event by at least 72 hours of dry weather. "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both Treatment Control BMP's and Source Control BMP's. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation. "Treatment Control BMP" means any engineered system designed to remove pollutants by simple gravity settling of particulate pollutants, filtration, biological uptake, media adsorption or any other physical, biological, or chemical process."' Section 5. Title 8, Division 5 of the Diamond Bar Municipal Code is amended by adding thereto a new Section 8.12.1695 to read as follows: "8.12.1695 Standard Urban Storm Water Mitigation Plan ("SUSMP") Requirements for New Development and Redevelopment Projects a. Projects Requiring a SUSMP. The following New Development and Redevelopment project categories shall require a Storm Water Mitigation Plan which complies with the most recent SUSMP: 1. Single -Family Hillside Residences; 2. Commercial developments; in excess of One Hundred Thousand (100,000) Square Feet; 3. Automotive Repair Shops; 4. Retail Gasoline Outlets; 5. Restaurants; 6. Greater than 9 unit home subdivision; 7. Projects located within or directly adjacent to or discharging, directly to an Environmentally Sensitive Area; and C 1213 1\000Z61763 1.1 -4- i 8. Parking lots of five thousand (5,000) square feet or more or with twenty-five (25) or more parking spaces and potentially exposed to storm water runoff. b. Incorporation of SUSMP into Project Plans An applicant for a New Development or a Redevelopment Project identified in paragraph a of this Section shall incorporate into the applicant's project plans a Storm Water Mitigation Plan which includes those Best Management Practices necessary to control storm water pollution from construction activities and facility operations, as set forth in the SUSMP applicable to the applicant's project. Structural or Treatment Control BMP's set forth in project plans shall meet the designstandards set forth in the SUSMP. If a project applicant has included or is required to include Structural or Treatment Control BMP's in project plans, the applicant shall provide verification of maintenance provisions. The verification. shall include the applicant's signed statement, as part:of its project application, accepting responsibility for all structural and treatment control BMP maintenance until such time, if any, the property is transferred. c. Issuance of Grading or Building Permits. No building or grading permit maybe issued for any New Development or Redevelopment Project identified in paragraph a. of this Section until the Authorized Enforcement Officer confirms that either (1) the project plaits comply with the applicable SUSMP requirements, or (2) compliance with the applicable SUSMP requirements is impracticable for one or more of the reasons set forth in paragraph e. regarding issuance of waivers. d. Issuance of Certificates of Oemancy. As a condition for issuing a Certificate of Occupancy, the Authorized Enforcement Officer shall require facility operators and/or owners to build all the storm water pollution control Best Management Practices and Structural or Treatment Control BMP's that are shown on the approved project plans and to submit a signed Certification Statement stating that the site and all Structural or Treatment Control BMP'S will be maintained in compliance with the SUSMP and other applicable regulatory requirement* e. Granting of Waiver. The Authorized Enforcement Officer shall have the authority to grant a waiver to a Development or Redevelopment Project from the requirements of the SUSMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all Structural or Treatment Control BMP's have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the Regional Board: 1. Extreme limitations of space for treatment on a Redevelopment proj ect; 2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and 3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water is less than ten (10) feet from the soil surface. f. Treatment ControlBMP's. 1. The transfer or lease of a property subject to a requirement for maintenance of Structural and Treatment Control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing Structural or Treatment Control BMP or (b) to replace an existing Structural or Treatment Control BMP with new control measures or BMP's meeting the then current standards of the City and the SUSMP.. Such requirement shall be included in any sale or lease agreement or deed for such. property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all Structural or Treatment Control BMP's at least once a'year and retain proof of inspection. 2. For residential properties where the Structural or Treatment Control BMP's are located within a common area which will be maintained by a homeowner's association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&R's). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed, and how the necessary maintenance can be performed. The transfer of this information shall also be required with any subsequent sale of the property: 3. If Structural or Treatment Control BMP's are located within an area proposed for dedication to a public agency, they will .be the responsibility of the developer until the dedication is accepted. g. Storm Water Abatement Fund. The Authorized Enforcement Officer shall collect from the project applicant that has been granted a waiver an amount equaling the cost in savings from such waiver, as determined by the Authorized Enforcement Officer in accordance with the latest version of the SUSMP. Such collected funds shall be deposited in the Storm Water Pollution Abatement Fund, once established, to be used to promote regional or alternative solutions for storm water pollution prevention. h. CEOA. Provisions of this section shall be complimentary. to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act." 12131\0002\617631.1 -6- Section 6. Section 8.12.1700(a)(1) of Title 8, Division 5, of the Diamond, Bar Municipal Code is amended to read as follows: 1. Any condition caused or permitted to exist in violation of a. Any of the provisions of this Chapter; or b. Any failure to comply with any applicable requirement of either the SUSMP or an approved Storm Water Mitigation Plan with respect to a - property; or C. Any false certification or verification, or any failure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or ' d. Any failure to properly operate and maintain any Structural or Treatment Control BMP on. a property in accordance with an approved Storm Water Mitigation Plan or the SUSMP, is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed a public nuisance, and may be abated or restored by any Authorized Enforcement Officer, and,a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney." Section 7. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any othefsection, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED; APPROVED AND ADOPTED this day of 2000. 12131\0002\617631.1 -7= r M. rm LA 47 T;zrl L -. _. _ � OF u 71 - '�- C 71 71 D Ll c T iF -.. t. OA r7ri is�i r: cc A� e