Loading...
HomeMy WebLinkAboutAG RPTS 2002 0904 CC REGResolution No. 2002 -1998 Ordinance No. 285 CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, SEPTEMBER 4, 2002 6:30 P.M. Moorpark Communitv Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. INVOCATION: Bishop Nyles L. Christensen, Church of Latter -day Saints. 3. PLEDGE OF ALLEGIANCE: 4. ROLL CALL: 5. PROCLAMATIONS AND COMMENDATIONS: A. Proclamation Proclaiming September 11, 2002, as a Recognition of Freedom, a Day of Remembrance. B. Introduce new City Employee, Steven Valdez, Planning Technician I. Any member of the public may address the Council during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Council concerning a Public Hearing or Presentations /Action /Discussion item must do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at 517 -6223. City Council Agenda September 4, 2002 Page 2 6. PUBLIC COMMENT: (AT THIS POINT IN THE MEETING, THE COUNCIL WILL CONVENE THE REDEVELOPMENT AGENCY) 7. REORDERING OF, AND ADDITIONS TO, THE AGENDA: (Pursuant to Council Rules of Procedure Section 2.9, Items to be withdrawn from the Consent Calendar shall be identified at this time.) 8. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 9. PUBLIC HEARINGS: A. Consider Proposed Development Agreement with Vintage Crest Senior Apartments, L.P., a California Limited Partnership. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) introduce Ordinance No. for first reading. B. Consider Amending Fiscal Year 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) Fiscal Year 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project. Staff Recommendation: Open the public hearing, take testimony, and continue hearing to September 18, 2002. 10. PRESENTATION /ACTION /DISCUSSION: A. Consider Teen Council Appointments. Staff Recommendation: Make appointments to the Teen Council for a one -year term to end on June 30, 2003. B. Consider Appointments to the Ventura County Area Agency on Aging. Staff Recommendation: Appoint one (1) representative and one (1) alternate to the Area City Council Agenda September 4, 2002 Page 3 10. PRESENTATION /ACTION /DISCUSSION: (continued) Agency on Aging for a two -year term from July 1, 2002, through June 30, 2004. C. Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Assessors Parcel Nos. 512 -0- 260 -015, -085 and -105) . Staff Recommendation: Approve the Master Sign Program subject to the staff recommended modifications. D. Consider Discussion of Replacement of Nonconforming Structures when Destroyed by More than Fifty Percent (500) Chapter 17.52 (Nonconformities and Substandard Lots) . Staff Recommendation: Direct staff to provide a letter to Mrs. Tash clarifying the City's requirements for reconstruction of nonconforming uses. E. Consider Solid Waste Franchise Agreements, and Resolution Rescinding Resolution No. 2001 -1924, Updating Solid Waste Collection Fees for 2003. Staff Recommendation: 1) Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney; and 2) Adopt attached Resolution No. 2002- updating the Solid Waste Collection Fees effective January 1, 2003. (ROLL CALL VOTE REQUIRED) 11. CONSENT CALENDAR: A. Consider Approval of Minutes of Special Meeting of August 27, 2002. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register for Fiscal Year 2001 -2002 - September 4, 2002. Voided Warrant 110378 $ 0.00 Regular Warrants 110375 - 110390 & $ 281,305.23 110523 - 110526 $ 2,054.91 Staff Recommendation: Approve the warrant register. City Council Agenda September 4, 2002 Page 4 11. CONSENT CALENDAR: (continued) C. Consider Approval of Warrant Register for Fiscal Year 2002 -2003 - September 4, 2002. Manual Warrant 110432 $ 270.00 Payroll Liability 110433 - 110439 $ 11,043.84 Warrants Regular Warrants 110391 - 110431 & $789,666.35 110440 - 110522 $ 21,184.24 Staff Recommendation: Approve the warrant register. D. Consider Moorpark Boys & Girls Club /Moorpark Basketball Association (MBA) Use Agreement. Staff Recommendation: Approve five -year use agreement with Moorpark Boys & Girls Club /Moorpark Basketball Association (MBA), as submitted subject to final language approved by City Manager and City Attorney and authorize the City Manager to execute the agreement on behalf of the City. E. Consider Director Determination of Use in the M -1 Zone for a Proposed Harley Davidson Dealership Pursuant to Section 17.040.050J. Staff Recommendation: Concur with the Community Development Director's determination. F. Consider a Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning. Staff Recommendation: Approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning (NfL), subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. G. Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 2001 -1890. Staff Recommendation: Adopt Resolution No. 2002- H. Consider Resolution Designating the Intersection of Cedarpine Lane and Deering Lane to be a Stop Intersection and Directing the Placement of STOP Signs at all Entrances Thereto. Staff Recommendation: Adopt Resolution No. 2002- City Council Agenda September 4, 2002 Page 5 11. CONSENT CALENDAR: (continued) I. Consider Third Addendum to Memorandum of Agreement (MOA) with Service Employees International Union AFL - CIO, CLC Local 998. Staff Recommendation: Authorize the City Manager to approve the Third Addendum to the MOA with the final language to be approved by the City Manager. J. Consider Ventura County Community Foundation Grant Resolution for the Moorpark Senior Center. Staff Recommendation: Adopt Resolution No. 2002- , authorizing submittal of a grant application to the Ventura County Community Foundation to fund a bilingual older adult exercise class and authorizing the City Manager to serve as signatory for the grant. K. Consider Approval of Final Map for Vesting Tentative Tract Map (VTTM) 5321 and Associated Documents (Zelman Development Co.) Staff Recommendation: 1)Accept the offers of dedication on the Final Map; 2) direct the Mayor and the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3) authorize the City Manager to sign, and direct the City Clerk to record the "Hold Harmless Agreement - National Pollutant Discharge Elimination System." 12. ORDINANCES: 13. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL Significant Subdivision Code: (Number exposure to (b) of Section of cases to be - ANTICIPATED LITIGATION litigation pursuant to 54956.9 of the Government discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO21825) City Council Agenda September 4, 2002 Page 6 13. CLOSED SESSION: (continued) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) The Environmental Coalition of Ventura County vs. City of Moorpark and City Council of the City of Moorpark (Case No. SCO22256) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Hidden Creek Ranch, LP, a California Limited Partnership and Messenger Investment Company, Inc., a California Corporation vs. The City of Moorpark and City Council of the City of Moorpark (Case No. SCO23388) F. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 504 -0- 021 -195, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Joe Fedele Under Negotiation: Price and terms of payment G. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 506 -0- 042 -015, Moorpark, CA 93021 Agency Negotiator: Steven Kueny, City Manager Negotiation Parties: The City of Moorpark and Bert and Placide Curts Under Negotiation: Price and terms of payment H. PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: Assistant City Manager, Assistant to City Manager /City Clerk, City Manager, City Attorney, City Engineer, Chief of Police, Administrative Services Director, Community Development Director, Community Services Director, and Public Works Director. I. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Employee Organization: Service Employees International Union, AFL -CIO, CLC, Local 998 City Council Agenda September 4, 2002 Page 7 13. CLOSED SESSION: (continued) J. CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6) Agency Designated Representative: Steven Kueny Unrepresented employees: Assistant City Manager, Assistant to City Manager /City Clerk, Administrative Services Director, Community Development Director, Community Services Director, Public Works Director, Accountant I, Assistant City Clerk, Budget and Finance Manager, Information Systems Manager, Planning Manager, Principal Planner, Recreation Superintendent, Public Works Supervisor and Senior Management Analyst. 14. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102 - 35.104; ADA Title II). TO: FROM: CITY OF MOORPARK AGENDA REPORT The Honorable City Council Steven Kueny, City Manager cJ ITEM _ Zoo-?- DATE: August 29, 2002 (CC Meeting of 9/4/02) SUBJECT: Consider Proposed Development Agreement with Vintage Crest Senior Apartments, L.P., a California Limited Partnership BACKGROUND USA Properties Fund, Inc. (USA Properties) is the developer for an approved 190 -unit affordable senior apartment project. USA will be one of two General Partners for the entity, Vintage Crest Senior Apartments, L.P., a California limited partnership, established to actually develop, own, and maintain the project. On June 24, 2002, the Planning Commission recommended to the City Council approval of GPA 2002 -01, Zone Change 2002 -01, and RPD 2002- 02 for 190 affordable senior apartments located at Park Lane and Park Crest Lane, including a change in the zoning and land use from commercial to residential with a density of 20 units per acre. On July 10, 2002, the City Council approved the project including the introduction and first reading of the zone change ordinance. The developer is seeking a bond allocation of about $16 million from the State to help finance this project. A decision on the bond allocation is expected on September 19, 2002. A Development Agreement has been negotiated by a Council Ad Hoc Committee (Mayor Pro Tem Mikos and Councilmember Harper) and staff with the developer. On July 17, 2002, the City Council referred the Development Agreement to the Planning Commission. On August 26, 2002, the Planning Commission held a public hearing and recommended that the City Council approve the Development Agreement. City Council Agenda Report Vintage Crest Senior Apartments (USA) Development Agreement August 29, 2002 (CC Meeting of 9/4/02) Page No. 2 DISCUSSION A draft Development Agreement for this project has been prepared, and was reviewed by the City Council at their July 17, 2002, meeting. At that meeting, the City Council referred the Development Agreement to the Planning Commission for public hearing on August 26, 2002. The developer has indicated that this project is contingent upon receiving its requested state bond allocation, the design /standards modifications included in the conditions of approval and the fee reductions contained in the Development Agreement. The Development Agreement contains approximately $3,000 per unit fee reduction. The Park Improvement, Citywide Traffic, Los Angeles Area of Contribution (AOC), and Traffic System Management fees have been partially reduced to achieve this total reduction. The City otherwise receives all of its standard fees, including the Development Fee contained in other development agreements, as well as receiving a pass through of its share of the real property taxes that this project would otherwise be exempted from. The draft agreement attached to this report is in legislative format showing changes from the City's Development Agreement with the adjacent project Archstone Communities /Jocelyne Abrar. It is proposed that after conducting the public hearing and considering all testimony received, that the City Council introduce for first reading an Ordinance approving the referenced Development Agreement. ENVIRONMENTAL DETERMINATION Staff has determined that the previously approved Mitigated Negative Declaration for the general plan amendment, zone change and residential planned development permit is sufficient environmental documentation for the Development Agreement. No further environmental review is necessary. \ \mor_pri_serv\ home_f olders \DBroussalian \M \WPWIN \CCAGENDA \USA DA- Vintage Crest Apts 0904 2003.doc City Council Agenda Report Vintage Crest Senior Apartments (USA) Development Agreement August 29, 2002 (CC Meeting of 9/4/02) Page No. 3 STAFF RECOMMENDATIONS 1. Open the public hearing, accept public testimony and close the public hearing. 2. Introduce Ordinance No. for first reading. Attachments: 1. Draft Development Agreement 2. Planning Commission Resolution recommending approval to the City Council 3. Proposed Ordinance No. Adopting a Development Agreement between the City and Vintage Crest Senior Apartments, L.P. \ \mor pri sere \home folders \DBroussalian \M \WPWIN \CCAGENDA \USA DA- Vintage Crest Apts 0904 2003.doc Recording Requested By And When Recorded Return to: CITY CLERK CITY OF MOORPARK 799 Moorpark Avenue Moorpark, California 93021 EXEMPT FROM RECORDER'S FEES Pursuant to Government Code § 6103 DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MOORPARK AND TD ENE CP1ARMI RTITLIEoVINTAGE CREST SENIOR APARTMENTS, L.P. THIS AGREEMENT SHALL BE RECORDED WITHIN TEN DAYS OF EXECUTION BY ALL PARTIES HERETO PURSUANT TO THE REQUIREMENTS OF GOVERNMENT CODE §65868.5 DEVELOPMENT AGREEMENT This Development Agreement ( "the Agreement ") is made and entered into by and between the CITY OF MOORPARK, a municipal corporation, (referred to hereinafter as "City ") and jOCEYNE VINTAGE CREST SENIOR APARTMENTS, L.P., a California limited partnership (referred to hereinafter as "Developer "). City and Developer are referred to hereinafter individually as "Party" and collectively as "Parties." In consideration of the mutual covenants and agreement's contained in this Agreement, City and Developer agree as follows: 11. Recitals. This Agreement is made with respect to the following facts and for the following purposes, each of which is acknowledged as true and correct by the Parties: 11.13. Pursuant to Government Code section 65864 et seq. and Moorpark Municipal Code chapter 15.40, City is authorized to enter into a binding contractual agreement with any person having a legal or equitable interest in real property within the City in order to establish certainty in the development process. 13.2. Developer is owner in fee simple of certain real property in the City of Moorpark, consisting of approximately nineteen and two tenths (19.2) nine and forty -eight hundredths (9.48) acres generally located north of the Arroyo Simi and west south of Park Lane Meerpark Avenue– as–and more specifically described by the legal description set forth in Exhibit A, which exhibit is attached hereto and incorporated herein by this reference (the "Property "). 11.3. City has approved, or is in the process of approving, General Plan Amendment No. 9732002 -01 ( "GP"), Zone Change No. 97 7 2002 -01 ("ZC"), and Residential Planned Development Permit No. 2002 -02 ( "RPD "). Implementation of these land use entitlements is subject to a mitigation measures monitoring and reporting program that was approved by City on june 23— 1999July 17, 2002 (the "Mitigation Monitoring Program "). (The GP, ZC, RPD and Mitigation Monitoring Program are collectively referred to as the "Project Approvals ".) The Project Approvals authorize a residential development consisting of 321190 apartments on the Property (the "Project "). 11.4. By this Agreement, City desires to obtain the binding agreement of Developer to develop the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, City agrees to USA PROPERTIES DEV AGR 2002 0628USA non.— RcDTIES — nr_o — 0b28 limit the future exercise of certain of its governmental and proprietary powers to the extent specified in this Agreement. 1 -1.5. By this Agreement, Developer desires to obtain the binding agreement of City to permit the development of the Property in accordance with the Project Approvals and this Agreement. In consideration thereof, Developer agrees to waive its rights to legally challenge the limitations and exactions imposed upon the development of the Property pursuant to the Project Approvals and this Agreement and to provide the public benefits and improvements specified in this Agreement. 1 -1.6. City and Developer acknowledge and agree that the consideration that is to be exchanged pursuant to this Agreement is fair, just and reasonable and that this Agreement is consistent with the General Plan of City as amended by General Plan Amendment No. 9712002 -01. 11.7. On May 24, 1999 August 26, 2002, the Planning Commission of City commenced a duly noticed public hearing on this Agreement and at the conclusion of the hearing recommended approval of the Agreement. 1 -1.8. On june - , 1999 September 4, 2002, the City Council of City ( "City Council ") commenced a duly noticed public hearing on this Agreement, and at the conclusion of the hearing approved the Agreement by Ordinance No. 2-5-9 ( "the Enabling Ordinance "). 23. Property Subject To This Agreement. All of the Property shall be subject to this Agreement. The Property may also be referred to hereinafter as "the site" or "the Project- area". 33. Binding Effect. The burdens of this Agreement are binding upon, and the benefits of the Agreement inure to, each Party and each successive successor in interest thereto and constitute covenants that run with the Property. Whenever the terms "City" and "Developer" are used herein, such terms shall include every successive successor in interest thereto. 33.13. Constructive Notice and Acceptance. Every person who acquires any right, title or interest in or to any portion of the Property in which the Developer has a legal interest is, and shall be, conclusively deemed to have consented and agreed to be bound by this Agreement, whether or not any reference to the Agreement is contained in the instrument by which such person acquired such right, title or interest. 3 USA PROPERTIES DEV AGR 2002 0628USA PROPEP -T-IES D&V- 4�2 -0638 33.22 -. Release Upon Transfer. Upon the sale or transfer of the Developer's interest in any portion of the Property, that Developer shall be released from its obligations with respect to the portion so sold or transferred subsequent to the effective date of the sale or transfer, provided that the Developer (i) was not in breach of this Agreement at the time of the sale or transfer and (ii) prior to the sale or transfer, delivers to City a written assumption agreement, duly executed by the purchaser or transferee and notarized by a notary public, whereby the purchaser or transferee expressly assumes the obligations of Developer under this Agreement with respect to the sold or transferred portion of the Property. Failure to provide a written assumption agreement hereunder shall not negate, modify or otherwise affect the liability of the purchaser or transferee pursuant to this Agreement. Nothing contained herein shall be deemed to grant to City discretion to approve or deny any such sale or transfer, except as otherwise expressly provided in this Agreement. 44. Development of the Pro govern the development 44.1 -1. Permitted Uses permitted uses those that are this Agreement. Derty. The following provisions shall and use of the Property. The permitted and conditionally of the Property shall be limited to allowed by the Project Approvals and 44.22. Development Standards. All design and development standards, including but not limited to density or intensity of use and maximum height and size of buildings, that shall be applicable to the Property are set forth in the Project Approvals and this Agreement. 44.3-3. Building Standards. All construction on the Property shall adhere to the Uniform Building Code, including the Fire Resistive Design Manual, the National Electrical Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Code for Building Conservation and the Uniform Administrative Code in effect at the time the plan check or permit is approved and to any federal or state building requirements that are then in effect (collectively "the Building Codes "). 44.44. Reservations and Dedications. All reservations and dedications of land for public purposes that are applicable to the Property are set forth in the Project Approvals and this Agreement. 0 USA PROPERTIES DEV AGR 2002 0628USA - PRB�-IBS no' r.onr_o .2O92 0628 5 -5. Vesting of Development Rights. 5 §.11. Timing of Development. In Pardee Construction Co. v. City of Camarillo, 37 Cal.3d 465 (1984), the California Supreme Court held that the failure of the parties therein to provide for the timing or rate of development resulted in a later - adopted initiative restricting the rate of development to prevail against the parties' agreement. City and Developer intend to avoid the result in Pardee by acknowledging and providing that Developer shall have the right, without obligation, to develop the Property in such order and at such rate and times as Developer deems appropriate within the exercise of its subjective business judgment. In furtherance of the Parties' intent, as set forth in this section, no future amendment of any existing City ordinance or resolution, or future adoption of any ordinance, resolution or other action, that purports to limit the rate or timing of development over time or alter the sequencing of development phases, whether adopted or imposed by the City Council or through the initiative or referendum process, shall apply to the Property provided the Property is developed in accordance with the Project Approvals and this Agreement. in partieular,,bbut witheut limiting t ^f the feregeing, ne }u real restrietlen shall be reed' en the mber of dwellings is that eate bur-teach year within the merej eet --Area . Hewed er, n N_othing in this section shall be construed to limit City's right to insure that Developer timely provides all infrastructure required by the Project Approvals and this Agreement. 575.2 -a. Amendment of Project Approvals. No amendment of any of the Project Approvals, whether adopted or approved by the City Council or through the initiative or referendum process, shall apply to any portion of the Property, unless the Developer has agreed in writing to the amendment. _5_ -5.3a. Issuance of Subsequent Approvals. Applications for land use approvals, entitlements and permits, including without limitation subdivision maps, subdivision improvement agreements and other agreements relating to the Project, lot line adjustments, preliminary and final planned development permits, use permits, design review approvals (e.g. site plans, architectural plans and landscaping plans), encroachment permits, and sewer and water connections that are necessary to or 5 USA PROPERTIES DEV AGR 2002 0628USA- -PRACLP 9R AGR -3002 0628 desirable for the development of the Project (collectively "the Subsequent Approvals "; individually "a Subsequent Approval ") shall be consistent with the Project Approvals and this Agreement. For purposes of this Agreement, Subsequent Approvals do not include a final subdivision map or building permits. The term of any Subsequent Approval, except a tentative map, shall be one year; provided that the term may be extended by the decision maker for two (2) additional one (1) year periods upon application of the Developer holding the Subsequent Approval filed with City's Department of Community Development prior to the expiration of that Approval. Each such Subsequent Approval shall be deemed inaugurated, and no extension shall be necessary, if a building permit was issued and the foundation received final inspection by City's Building Inspector prior to the expiration of that Approval. It is understood by City and Developer that certain Subsequent Approvals may not remain valid for the term of this Agreement. Accordingly, throughout the term of this Agreement, the Developer shall have the right, at its election, to apply for a new permit to replace a permit that has expired or is about to expire. Subsequent Approvals shall be governed by the Project Approvals and by the applicable provisions of the Moorpark General Plan, the Moorpark Municipal Code and other City ordinances, resolutions, rules, regulations, policies, standards and requirements as most recently adopted or approved by the City Council or through the initiative or referendum process and in effect at the time that the application for the Subsequent Approval is deemed complete by City (collectively "City Laws "), except City Laws that: (a) change any permitted or conditional permitted uses of the Property from what is allowed by the Project Approvals; (b) limit or reduce the density or intensity of the Project, or any part thereof, or otherwise require any reduction in the square footage or number of proposed buildings or other improvements from what is allowed by the Project Approvals; (c) limit or control the rate, timing, phasing or sequencing of the approval, development or 6 USA PROPERTIES DEV AGR 2002 0628UR"�.- PROPERTIES DEV- AGR --2 -002 -0638 construction of all or any part of the Project in any manner, provided that all infrastructure required by the Project Approvals to serve the portion of the Property covered by the Subsequent Approval is in place or is scheduled to be in place prior to completion of construction; (d) are not uniformly applied on a City -wide basis to all substantially similar types of development projects or to all properties with similar land use designations; (e) control residential rents; or (f) modify the land use from what is permitted by the General Plan Land Use Element at the date the Enabling Ordinance is adopted or that prohibits or restricts the establishment or expansion of urban services including but not limited to community sewer systems to the Project. 57E�.4. Modification Of Approvals. Throughout the term of this Agreement, the Developer shall have the right, at its election and without risk to any right that is vested in it pursuant to this section, to apply to City for minor modifications to Project Approvals and Subsequent Approvals. The approval or conditional approval of any such minor modification shall not require an amendment to this Agreement, provided that, in addition to any other findings that may be required in order to approve or conditionally approve the modification, a finding is made that the modification is consistent with this Agreement. 5 §.5. Issuance of Building Permits. No building permit, final inspection or certificate of occupancy will be unreasonably withheld from the Developer if all infrastructure required by Project Approvals to serve the portion of the Property covered by the building permit is in place or is scheduled to be in place prior to completion of construction and all of the other relevant provisions of the Project Approvals, Subsequent Approvals and this Agreement have been satisfied. In no event shall building permits be allocated on any annual numerical basis or on any arbitrary allocation basis. 5 -5.6. Moratorium on Development. Nothing in this Agreement shall prevent City, whether by the City Council or through the initiative or referendum process, from adopting or imposing a moratorium on the processing and issuance of Subsequent Approvals and building permits 7 USA PROPERTIES DEV AGR 2002 0628USA-- PROP-F�.T °� ^EV_AGR 2n402 004&28 e%� (_�w�� ,-4. v v and on the finalizing of building permits by means of a final inspection or certificate of occupancy, provided that the moratorium is adopted or imposed (i) on a City -wide basis to all substantially similar types of development projects and properties with similar land use designations and (ii) as a result of a utility shortage or a reasonably foreseeable utility shortage, including without limitation a shortage of water, sewer treatment capacity, electricity or natural gas. 6fr. Developer Agreements. 66.11. The Developer shall comply with (i) this Agreement, (ii) the Project Approvals, and (iii) all Subsequent Approvals for which it was the applicant or a successor in interest to the applicant. 6{.22. All lands and interests in land dedicated to City shall be free and clear of liens and encumbrances other than easements or restrictions that do not preclude or interfere with use of the land or interest for its intended purpose, as reasonably determined by City. 6.3. As a condition of issuance of a building permit for each residential dwelling unit, Developer shall pay City a community services fee as described herein (Community Services Fee). The Community Services Fee may be expended by City in its sole and unfettered discretion. The amount of the Community Services Fee shall be Two Thousand Seven Hundred Dollars ($2,700.00)Twe Theusand, Eight Hundred Ferty Fi De3lars —( $2, 545—G4T —per residential unit. The Community Services Fee shall be adjusted annually - -commencing on January 1, 2005, and each January 1 thereafter twe ( 2 ) years after the f first residential bolding permit s issued within the prejeet3 —by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange Co. metropolitan area during the prior year. The first such calculation shall be made using the month of October 2004 over the month of October 2003 and so forth each January 1 until all Community Services Fees are paid. In the event there is a decrease in the referenced CPI for any annual adjustment, the Community Services Fee shall remain at its then current amount until such time as the next subsequent annual adjustment which results in an increase. whieh is four (4) menths peer to —the- 8 USA PROPERTIES DEV AGR 2002 0628U -- PROPERTIES - EV. -AGR -- 3443 9638 J V � inereaJCS) . 66.4. The fee in lieu of park land dedication (Park Fee) pursuant to the requirements of City Ordinance No. 52 shall be paid prior to the issuance of the building permit for each residential unit. The —fee —shall be Three —Theus d Dell-ars ($3,000.00) firer -ec!eh residential unit. The Park Fee may be expended by the City in its sole and unfettered discretion. On the effeetiv operative date of this Agreement, the amount of the Park Fee shall be Two Thousand Dollars ($2,000.00)-$- , _per residential unit. Commencing January 1, 20012005, and annually thereafter, the Park Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ("annual indexing "). In the event there is a decrease in the referenced Index for any annual indexing, the Park Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 66.5. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a development fee as described herein (the "Development Fee "). The Development Fee may be expended by City in its sole and unfettered discretion. On the operative date of this Agreement, the amount of the Development Fee shall be two thousand seven five hundred fifty dollars ($2,750.00) for each residential unit. The fee shall be adjusted annually (eemmeneing ene (I) year after the first residential building permit is issue within the Prejeet`on January 1, 2005, and each January 1 thereafter —by any increase in the Consumer Price Index (CPI) until all fees have been paid. The CPI increase shall be determined by using the information provided by the U.S. Department of Labor, Bureau of Labor Statistics, for all urban consumers within the Los Angeles /Riverside /Orange Co. metropolitan area during the prior year. The first such calculation shall be made using the month of October 2004 over the month of October 2003 and so forth each January 1 until all Development Fees are paid. In the event there is a decrease in the referenced CPI for any annual adjustment, the Development Fee shall remain at its then current amount until such time as the next subsequent annual adjustment which results in an increase hieh is (4) months -e i-er te—the fnenth 9 USA PROPERTIES DEV AGR 2002 0628U -- ---- -o rrv- pgv. —R 200- Q-2 the first building i-s 1n -- iVhieh the City - residential peranit G-euneil (e.g., if: Issued y fissucanee- eeeurs in june, —then the — month the increase). of February it used to ems-}-? cul a*c — 64.6. As a condition of the issuance of a building permit for each residential unit, Developer shall pay City a traffic mitigation fee as described herein ("Citywide Traffic Feel' ) . The Citywide Traffic Fee may be expended by the City in its sole and unfettered discretion. On the effeetiv-e—operative date of this Agreement, the amount of the Citywide Traffic Fee shall be Eight Hundred Dollars ($800.00) -$-3, ^-- �voper residential unit for all Citywide Traffic Fees paid on or before December 31, 2004._ Developer agrees that the Citywide Traffic Fee for all residential units with a building permit issued after December 31, 2004, shall be Four Thousand Two Hundred Forty Dollars ($4,240.00) plus the annual indexing as hereinafter specified. Commencing January 1, 2006-1, and annually thereafter, the Citywide Traffic Fee shall be increased to reflect the change in the State Highway Bid Price Index for the twelve (12) month period that is reported in the latest issue of the Engineering News Record that is available on December 31 of the preceding year ("annual indexing''). In the event there is a decrease in the referenced Index for any annual indexing, the Citywide Traffic Fee shall remain at its then current amount until such time as the next subsequent annual indexing which results in an increase. 6{&.7. On the operative date of this Agreement Developer shall pay all outstanding City processing and environmental processing costs related to the project and preparation of this Agreement. 64.8. Developer hereby waives any right it may have under California Government Code Section 65915 et. Seq., or any successor thereto, or any provision of federal, State, or City laws or regulations for application or use of any density bonus that would increase the number of residential units approved for this project to exceed a total of Three Hundred Twelve (312) One Hundred Ninety (190) dwelling units. 64.9. Developer agrees for the life of the Project to cast affirmative ballots for the fermatien of an assessment distriet with the power to levy assessments-increase of any assessments for existing assessment districts for the maintenance of parkway and median landscaping, street lighting, and if requested by the City Geunei , parks conferring special benefits, and for the 10 USA PROPERTIES DEV AGR 2002 0628USA PROPTsR-T4-9�8V —AGR 3002- 0422 -a formation of any new assessment district for the purposes listed above in order to supplement then existing assessments upon properties within the Project. Developer also agrees to add this language to any Regulatory Agreement as part of the sale of any revenue bonds issued by the Citv for this Protect. 6.10 Developer, in consideration for a density bonus obtained through the Project Approvals that is greater than would otherwise be available, agrees to guarantee the affordability of one hundred percent percent (100 %) of all residential units sites- - two — (6zTrental units for the life of the Project as follows: 48 units at very low income (50% of median income) and 142 units at low income (60% of median income) . A minimum of twelve (12) two- bedroom units shall be occupied by qualified very low income tenants at all times for the life of the Project . T-hese sixty —tw( 6-2 ) of €erda-ble units shat be rented to eligible tenants as fellews in , C 11 USA PROPERTIES DEV AGR 2002 0628USA-- ---- -o --- -ZV AGR 2002 0628 N ON .,. - - -- - -- 11 USA PROPERTIES DEV AGR 2002 0628USA-- ---- -o --- -ZV AGR 2002 0628 MMA 12 USA PROPERTIES DEV AGR 2002 06281JSA oonocoTI5— DEV -AGR- -2002 0628 M70 •. IN- 12 USA PROPERTIES DEV AGR 2002 06281JSA oonocoTI5— DEV -AGR- -2002 0628 M70 •. 12 USA PROPERTIES DEV AGR 2002 06281JSA oonocoTI5— DEV -AGR- -2002 0628 •. .. • .. 12 USA PROPERTIES DEV AGR 2002 06281JSA oonocoTI5— DEV -AGR- -2002 0628 •. 12 USA PROPERTIES DEV AGR 2002 06281JSA oonocoTI5— DEV -AGR- -2002 0628 •�1'�'.�l ��if�i�i�iliii��ii��l �l�i�fi �!� ��s ��l�l�n��t�.I • _ _ • three bedreem, twe bath units 4 4 persens $-&3 The_-, b...t re Adjustment for etYAld Size is to I _ intended applieab le-t uiand; - h prev''a° a tena single - type -ef e -eligible therefore, is e r eaeh regardless e€ h ld-s applied The D eva r may not a e -1 eha rge atditiena 1r-. e - rent based x-ep -on a large= a•�,�T,, -,l heuseheid -size [For example, the maximum tent two bedreemj ae-follows: bath •�1'�'.�l ��if�i�i�iliii��ii��l �l�i�fi �!� ��s ��l�l�n��t�.I • _ _ • three bedreem, twe bath units 4 4 persens $-&3 The_-, b...t re Adjustment for etYAld Size is to i2'A'.S rental race _ intended applieab le-t uiand; - h prev''a° a tena single - type -ef e -eligible therefore, is e r eaeh regardless e€ h ld-s applied The D eva r may not a e -1 eha rge atditiena 1r-. e - rent based x-ep -on a large= a•�,�T,, -,l heuseheid -size [For example, the maximum tent two bedreemj ae-follows: bath be— eaIrecrlraced one unit weuld r� I NMI • 11 INIAN N USA PROPERTIES DEV AGR 2002 0628 SA-4LR ocoT-I-ES.ggV -AGR- 2043 -0-62-& Type Unit lmhay- Af Xnuanbn3 d Ri za TTt:i 1 i t of 11n Ad u— At816I]t A l ac.»nnn bedreem, '- $C twe enebath units —^ persens bedree, bath $50 two i units hers ears b-aremm, bath ,-,its 1 4— CC'] three twe persens The method of selecting eligible tenants, tenant eligibility requirements, the respective roles of the City and the Developer and any other items determined necessary by the City shall be set forth in an Affordable Housing Implementation and Rental Restriction Plan (the "Plan "). The Plan shall restrict the rents of all one hundred ninety (190) the sixty two -,62+ af€erdable -units to —the-as referenced above net - te- emeeed ame-ints and shall be consistent with this Agreement and approved by the City Council in its sole and unfettered discretion prior to 14 USA PROPERTIES DEV AGR 2002 0628USA- PRO- -- ---- ncv n6F� -38f12 0628 the final inspection and occupancy approval for the first residential unit in the Project. The Developer and City shall, prior to the occupancy of the first residential unit for the Project, execute an Affordable Housing Agreement that incorporates the Plan in total and is consistent with this Agreement. Chapter 17.64 of the Meerparls - MunieigamCodo shall net gpl }tea Developer agrees to the extent permitted by applicable state and federal law to grant priority to eligible Moorpark residents for the life of the Project. Developer shall pay the City's direct costs for preparation and review of the Plan and the Affordable Housing Agreement, up to a maximum of Five Thousand Dollars ($5,000). By mutual agreement of Developer and City in lieu of the aforementioned Affordable Housing Agreement, these provisions may be incorporated into the Regulatory Agreement if revenue bonds are issued by the City for this Project. In addition, the Developer shall agrees not to convert the Project to for -sale condominiums community apartments, planned development, stock cooperative, or other common interest development, or as congregate care or assisted liVinci faCilitV. witheut air —amendment te the abeye —. 6b.11. In addition to fees specifically mentioned in this Agreement, Developer agrees to pay all City capital improvement, development, and processing fees at the rate and amount in effect at the time the fee is required to be paid. Developer further agrees that unless specifically exempted by this Agreement, it is subject to all fees imposed by City at the operative date of this Agreement and such future fees imposed as determined by City in its sole discretion so long as said fee is imposed on similarly situated properties. Developer further agrees to not protest these fees as may be authorized by Section 66000, et. Seq. of the California Government Code and statutes amendatory or supplementary thereto or any other applicable state or federal law. 15 USA PROPERTIES DEV AGR 2002 0628 --- no�,_�n ,ncomrg,9-DEV -AGR 2002 ---GG39 6.12 Developer shall een-struet Parls Lane (Street Imprevements) f rem its eurrent terminus e its --eea� side ef- appr-eximater- enhundred twenty (!20) rte south -vz- Les - Angeles T -ve rce� e -tha 1ntrse'etiebi with the new eas'west- street between Meer-parls A�venue Park Lane -teb e eenstrueted as part -e f this p red eet. The St echimprevements -shall include -ene -half of e future ultimate width and shall inelude- twenty simi2 ) feet e€— pavement plaxs -eurb, gutter, and sidewalk eens i-s t o t with Plate B-3- G and any neeessa-ry transit -ion and in terseetien —imp revemen-t s with the future - east / west street and eurrent— imprevement�s en Park Lane. Develeper's- obligation --te eenstruet Street Improvements shall be- eentingent -en City's _ q ,; s; t; en of the real p rope neeessary €e r said Street the eeessary -real property within twelve (12) menths often the first residential building permit is issuea €er- the - Predeet Upon written- netifieatier fYem l ; }. — — of its aegnisitien of the real preperty within the abeve- re €ereneed -time peried, Beveieper shall eemmenee design and shall eemplete ems t ru e t i-e n—prier t o ebtaining oeeupaney appreval fems -the last residential ,l building in the Preject. Final design, plans epeeifieations including -bntnet limited te whether the Street improvements l be -o or west half of Park Lane shall be appppreved -by the City Geuneil at its seie- and - un€etteer°'acd diseret- €enseye?reper shall also pay City's eests for plan eheek and inspeetien p4--e-.s City's administrative Bests. Within - sixty 60) days -e= reeeipt -e f City's netiee tie eemmenee- design ees -the Street improvements, eveleper shall previde a suret in an afneunt and form -aeeep tab ie-t e City at its --se l e and unfettered disc ret- ien- -te- guarantee eenstruetion e f the Street improvements within the fe e„}, e,a ene year time= peried:Developer shall construct Park Lane per modified Ventura County Standard Plate B -3 -C, 68 feet right -of -way; containing 52 feet of roadway (curb face to curb face), 8 feet wide parkways containing 5 feet wide sidewalks located 6 inches from the right -of- way. This will include all portions of existing Park Lane that do not conform to this section. Developer shall demonstrate conformance to ADA access requirements at all locations including driveway locations. Prior to approval of the Park Lane improvement plans, an ADA plan shall be reviewed, approved by the City Engineer and held on file to show conformance to those requirements. Improvement plans will detail all locations where utilities or other improvements conflict with normal walk locations and that the plans conform to the City's requirements. Developer shall reconstruct any broken sidewalk, curb 16 USA PROPERTIES DEV AGR 2002 0628t�en DD(1DCDTTCC ncv nr_o onn� ncoa C,rT 4-E , v v i+ and gutter, and street pavement from the Project to Los Angeles Avenue and repave any portions of Park Lane to the satisfaction of the City Engineer. Street sections shall be designed for a 50 -year life. 6.13 Developer agrees that in the event the cable television services or their equivalent are provided to the Project under collective arrangement or any collective means other than by a City Cable Franchisee (including, but not limited to, programming provided over a wireless or satellite system contained within the Project) , the apartment management entity shall pay monthly to City an access fee of five percent (5 %) of gross revenue generated by the provision of those services, or the highest franchise fee required from any City Cable Franchisee, whichever is greater. "Gross revenue" is as defined in Chapter 5.06 of the Moorpark Municipal Code and any successor amendment or supplementary provision thereto. Developer further agrees that in the event cable television services or their equivalent are provided to the Project by any means other than by a City Cable Franchisee, that the City's government channel shall be available to all units as part of any such service on the same basis as if the Project was served by a City Cable Franchisee. Developer also agrees to add this language to any Regulatory Agreement as part of the sale of any revenue bonds issued by the City for this Project. 6.14 Developer aqrees that anv fees and Davments pursuant to this Agreement shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto, or any other applicable state or federal law. 6.15 Developer aqrees that as a condition of issuance of a building permit for each residential unit on or after January 1, 2005, it shall pay the then applicable Los Angeles Avenue Area of Contribution (AOC) Fee less One Thousand Fifty -two Dollars ($1,052.00) for each residential unit so long as the payment of Two Hundred Thousand Dollars ($200,000.00), as specified in Subsection 7.2 of this Agreement, has been paid on or before December 31, 2004. Developer agrees this is in addition to the AOC amount specified in Subsection 7.2 of this Agreement. If the AOC payment specified in Subsection 7.2 of this Agreement has not been paid on or before December 31, 2004, Developer agrees to pay the then applicable AOC fee for all residential units prior to issuance of building permits. 17 USA PROPERTIES DEV AGR 2002 0628USA— P--- ------ ncv — 2— —28 6.16 Developer agrees prior to issuance of any grading or building permit for the Project, to enter into an agreement with City to pay City each year Project is otherwise exempt from the payment of any portion or all of the real secured and unsecured property taxes on the Property the amount the City would have received if the Project was not exempt from said payment of property taxes. The agreement shall include but not be limited to A. If Project is sold or transferred to another entity, the fee amount shall increase based on the new value of the property as if it was reassessed consistent with applicable laws. B. The first year amount shall be Twenty Thousand Dollars ($20,000.00). In the event payment of the first year amount occurs after December 31, 2004, the first year amount shall increase by one percent (1 %) for each six -month period or any portion thereof until aid. C. The payment amount shall increase two percent (2 %) each year above the prior year amount except as noted in A., above. In no event shall there be a decrease in the amount paid in any year compared to the prior year. D. Payments shall be made twice each year on dates as mutually agreed upon with provisions for penalties and interest in the event of late or non - payment. 6.17 Developer agrees to comply with Section 15.40.150 of the Moorpark Municipal Code and any provision amendatory or supplementary thereto for annual review of this Agreement and further agrees that the annual review shall include evaluation of its compliance with the approved Mitigation Monitoring Program. City Agreements. 7.1. City shall process in an expedited manner to the extent possible all plan checking, excavation, grading, building, encroachment and street improvement permits, certificates of occupancy, utility connection authorizations, and other ministerial permits or approvals necessary, convenient or appropriate for the grading, excavation, construction, development, improvement, use and occupancy of the Project. 18 USA PROPERTIES DEV AGR 2002 062BUSA- PROPERTIES —A-1 ^r D. .0,� 2�-- n "g 7.2. City agrees that the Developer's payment of the Los Angeles Avenue Area of Contribution (AOC) Fee for the project shall be in the amount of Twee Two Hundred Thousand Dollars ($3200,000.00) payable prior to issuance of the first building permit for the project so long as the building permits for all residential units in the Project are issued on or before December 31, 2004. Developer shall pay the AOC Fee for each residential unit as specified in Subsection 6.15 of this Agreement for building permits issued after January 1, 2005. 7.3 City agrees that the Developer's payment of the Traffic Systems Management (TSM) Fee shall be in the amount of Two Hundred Dollars ($200.00) for each residential dwelling unit payable prior to the issuance of the building permit for each unit. 7.4 City agrees to allow certain modifications to the City Zoning Code and development standards as follows: A. Allow the project to be built with a 1:1 2.13 parking ratio as eempardte the Gede requirement of 2.S !l spaces -per dwelling it with a total of 666190 parking spaces required on site. G-.B. Allow the project to be built at a density of 16.2— twenty (20) units per acre. C. Allow reduction in Park Fees and Citywide Traffic Fees and payment of the Los Angeles Avenue Area of Contribution Fees at the commercial fee rate so long as the Project has all building permits issued for residential units issued prior to December 31, 2004. 19 USA PROPERTIES DEV AGR 2002 0628112A PROPERTIES DEV AGR-- 2042 0628 7.5 City agrees that the Citywide Traffic Fee shall be in the amount of Eight Hundred Dollars ($800.00) for each residential unit payable prior to the issuance of the building permit for each residential unit for any building permit issued on or before December 31, 2004. The Citywide Traffic Fee for all units with a building permit issued after December 31, 2004, shall be Four Thousand Two Hundred Forty Dollars ($4,240.00) plus the annual indexing as specified in Subsection 6.6 of this Agreement. 7.6 City agrees that in lieu of preparing a traffic study for the Project and submitting same for review by the City Engineer, the Developer shall pay Four Thousand Dollars ($4,000.00) for impacted intersections. 7.7 Notwithstanding anything in this Agreement to the contrary, in the event Developer repairs or rebuilds the Project consistent with the Project Approvals as a result of fire, earthquake, or other casualty, the following fees would not need to be paid: Community Services Fee, Park Fee, Development Fee, Citywide Traffic Fee, and Los Angeles Avenue Area of Contribution Fee. 84. Supersession of Agreement by Change of Law. In the event that any state or federal law or regulation enacted after the date the Enabling Ordinance was adopted by the City Council prevents or precludes compliance with any provision of the Agreement, such provision shall be deemed modified or suspended to comply with such state or federal law or regulation, as reasonably determined necessary by City. 24. Demonstration of Good Faith Compliance. In order to ascertain compliance by the Developer with the provisions of this Agreement, the Agreement shall be reviewed annually in accordance with Moorpark Municipal Code chapter 15.40. of City or any successor thereof then in effect. The failure of City to conduct any such annual review shall not, in any manner, constitute a breach of this Agreement by City, diminish, impede, or abrogate the obligations of the Developer hereunder or render this Agreement invalid or void. 103. Authorized Delays. Performance by any Party of its obligations hereunder, other than payment of fees, shall be excused during any period of "Excusable Delay ", as hereinafter 20 USA PROPERTIES DEV AGR 2002 0628USA�- PROPERTIES -DEV AGR 2002 0638 ., Ir> 011. 1 111-1-. defined, provided that the Party claiming the delay gives notice of the delay to the other Parties as soon as possible after the same has been ascertained. For purposes hereof, Excusable Delay shall mean delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay, including without limitation: (a) act of God; (b) civil commotion; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (e) damage to work in progress by reason of fire, flood, earthquake or other casualty; (f) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (g) delay caused by a restriction imposed or mandated by a governmental entity other than City; or (h) litigation brought by a third party attacking the validity of this Agreement, a Project Approval, a Subsequent Approval or any other action necessary for development of the Property. Default Provisions. 111.1. Default by Developer. The Developer shall be deemed to have breached this Agreement if it: (a) practices, or attempts to practice, any fraud or deceit upon City; or (b) willfully violates any order, ruling or decision of any regulatory or judicial body having jurisdiction over the Property or the Project, provided that Developer may contest any such order, ruling or decision by appropriate proceedings conducted in good faith, in which event no breach of this Agreement shall be deemed to have occurred unless and until there is a final adjudication adverse to Developer; or (c) fails to make any payments required under this Agreement; or (d) materially breaches any of the other provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from City to Developer, which period of time shall not be less than ten (10) days from the date that the notice is deemed received, provided if Developer cannot reasonably cure the breach within the time set forth in the notice, Developer fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 11 -1-1.2. Default by City. City shall be deemed in breach of this Agreement if it!(a)_materially breaches any of 21 USA PROPERTIES DEV AGR 2002 0628112A PRQPrR-T-1-ES.- D9V -AGR 2092- -0638 the provisions of the Agreement and the same is not cured within the time set forth in a written notice of violation from Developer to City, which period shall not be less than ten (10) days from the date the notice is deemed received, provided if City cannot reasonably cure the breach within the time set forth in the notice, City fails to commence to cure the breach within such time limit and diligently effect such cure thereafter. 1134.3. Content of Notice of Violation. Every notice of violation shall state with specificity that it is given pursuant to this section of the Agreement, the nature of the alleged breach, and the manner in which the breach may be satisfactorily cured. The notice shall be deemed given on the date that it is personally delivered or on the third day following the day after it is deposited in the United States mail, in accordance with Section 20 hereof. 1134.4. Remedies for Breach. The Parties acknowledge that remedies at law, including without limitation money damages, would be inadequate for breach of this Agreement by any Party due to the size, nature and scope of the Project. The Parties also acknowledge that it would not be feasible or possible to restore the Property to its natural condition once implementation of the Agreement has begun. Therefore, the Parties agree that the remedies for breach of the Agreement shall be limited to the remedies expressly set forth in this subsection. The remedies for breach of the Agreement by City shall be injunctive relief and /or specific performance. The remedies for breach of the Agreement by the Developer shall be injunctive relief and /or specific performance. In addition, and notwithstanding any other language of this Agreement, if the breach is of Subsections 6.3, 6.4, 6.5, 6.6, 6.9, 6.10, 6.11, or 6.15, 6.9 or of this Agreement, City shall have the right to withhold the issuance of building permits from the date that the notice of violation was given pursuant to Subsection 11.3 hereof until the date that the breach is cured as provided in the notice of violation. Nothing in this subsection shall be deemed to preclude City from prosecuting a criminal action against the Developer if it violates any City ordinance or state statute. 22 USA PROPERTIES DEV AGR 2002 0628USA- PROPERTIES- DRITAGR 266-2 0638 C'./ v �..' ..1 124 -2. Mortgage Protection. At the same time that City gives notice to the Developer of a breach, City shall send a copy of the notice to each holder of record of any deed of trust on the portion of the Property in which Developer has a legal interest ( "Financier "), provided that the Financier has given prior written notice of its name and mailing address to City and the notice makes specific reference to this section. The copies shall be sent by United States mail, registered or certified, postage prepaid, return receipt requested, and shall be deemed received upon the third (3rd) day after deposit. Each Financier that has given prior notice to City pursuant to this section shall have the right, at its option and insofar as the rights of City are concerned, to cure any such breach within fifteen (15) days after the receipt of the notice from City. If such breach cannot be cured within such time period, the Financier shall have such additional period as may be reasonably required to cure the same, provided that the Financier gives notice to City of its intention to cure and commences the cure within fifteen (15) days after receipt of the notice from City and thereafter diligently prosecutes the same to completion. City shall not commence legal action against Developer by reason of Developer's breach without allowing the Financier to cure the same as specified herein. Notwithstanding any cure by Financier, this Agreement shall be binding and effective against the Financier if it takes title to the Property, and every owner of the Property, or part thereof, whose title thereto is acquired by foreclosure, trustee sale or otherwise. 1334. Estoppel Certificate. At any time and from time to time, any Developer may deliver written notice to City and City may deliver written notice to the Developer requesting that such Party certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended, or if amended, the identity of each amendment, and (iii) the requesting Party is not in breach of this Agreement, or if in breach, a description of each such breach. The Party receiving such a request shall execute and return the certificate within thirty (30) days following receipt of the notice. City acknowledges that a certificate may be relied upon by successors in interest to the Developer who requested the certificate and by holders of record of deeds of trust on the portion of the Property in which that Developer has a legal interest. 14-1-4. Administration of Agreement. Any decision by City staff concerning the interpretation and administration of this Agreement and development of the Property in accordance 23 USA PROPERTIES DEV AGR 2002 0628USA- PROPER -1- D"' - 2002_{}628 herewith may be appealed by the Developer to the City Council, provided that any such appeal shall be filed with the City Clerk of City within ten (10) days after the Developer receives notice of the staff decision. The City Council shall render its decision to affirm, reverse or modify the staff decision within thirty (30) days after the appeal was filed. The Developer shall not seek judicial review of any staff decision without first having exhausted its remedies pursuant to this section. 153. Amendment or Termination by Mutual Consent. In accordance with the provisions of Chapter 15.40 of the Moorpark Municipal Code or any successor thereof then in effect, this Agreement may be amended or terminated, in whole or in part by mutual consent of City and the Developer. 16b. Indemnification. The Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from and against any and all losses, liabilities, fines, penalties, costs, claims, demands, damages, injuries or judgments arising out of, or resulting in any way from, the Developer's performance pursuant to this Agreement. Developer shall indemnify, defend with counsel approved by City, and hold harmless City and its officers, employees and agents from any against any action or proceeding to attack, review, set aside, void or annul this Agreement or any provision thereof, or the Project Approvals, or any Subsequent Approvals. Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 18&. Operative Date. This Agreement shall become operative on the date the Enabling Ordinance becomes effective pursuant to Government Code Section 36937. 193s}. Term. This Agreement shall remain in full force and effect for a term of five (5) years commencing on its operative date or until one (1) year after occupancy of the Three ar e Twelfth ( ''- - -One Hundred Ninetieth (190th) apartment unit, whichever occurs later, unless said term is amended or the Agreement is sooner terminated as otherwise provided herein. Expiration of the term or earlier termination of this Agreement shall not automatically affect any Project Approval or Subsequent Approval that has been granted or any right or obligation arising independently from such Project Approval or Subsequent Approval. 24 USA PROPERTIES DEV AGR 2002 062811C rtDD(1DCDTTCC DEV GR-. -2 -003- -0628 (1 - !1 v aJ a...i Upon expiration of the term or earlier termination of this Agreement, the Parties shall execute any document reasonably requested by any Party to remove this Agreement from the public records as to the Property, and every portion thereof, to the extent permitted by applicable laws. 20-2-0. Notices. All notices and other communications given pursuant to this Agreement shall be in writing and shall be deemed received when personally delivered or upon the third (3rd) day after deposit in the United States mail, registered or certified, postage prepaid, return receipt requested, to the Parties at the addresses set forth in Exhibit "B" attached hereto and incorporated herein. Any Party may, from time to time, by written notice to the other, designate a different address which shall be substituted for the one above specified. 2123. Entire Agreement. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof, and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended, except as expressly provided herein. 222 -2. Waiver. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, whether or not similar; nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless it is executed in writing by a duly authorized representative of the Party against whom enforcement of the waiver is sought. 2323. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be effective to the extent the remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 242-4. Relationship of the Parties. Each Party acknowledges that, in entering into and performing under this Agreement, it is acting as an independent entity and not as an agent of the other Party in any respect. Nothing contained herein or in any document executed in connection herewith shall be construed as creating the relationship of partners, joint ventures or any other association of any kind or nature between City and Developer, jointly or severally. 25.2 -5. No Third Party Beneficiaries. This Agreement is made and entered into for the sole benefit of the Parties and their successors in interest. No other person shall have any right of action based upon any provision of this Agreement. 25 USA PROPERTIES DEV AGR 2002 0628USA - PRQPcRT-1T&S- DEV -AGR- 2892 062 Ccfe ., 4-, r', FJ r' I I J -Is 262 -6. Recordation of Agreement and Amendments. This Agreement and any amendment thereof shall be recorded with the County Recorder of the County of Ventura by the City Clerk of City within the period required by Chapter 15.40 of the Moorpark Municipal Code or any successor thereof then in effect. 272 -7. Cooperation Between City and Developers. City and Developer shall execute and deliver to the other all such other and further instruments and documents as may be necessary to carry out the purposes of this Agreement. 282-8. Rules of Construction. The captions and headings of the various sections and subsections of this Agreement are for convenience of reference only, and they shall not constitute a part of this Agreement for any other purpose or affect interpretation of the Agreement. Should any provision of this Agreement be found to be in conflict with any provision of the Project Approvals or the Subsequent Approvals, the provision of this Agreement shall prevail. 292-3. Joint Preparation. This Agreement shall be deemed to have been prepared jointly and equally by the Parties, and it shall not be construed against any Party on the ground that the Party prepared the Agreement or caused it to be prepared. 303 -G. Governing Law and Venue. This Agreement is made, entered into, and executed in the County of Ventura, California, and the laws of the State of California shall govern its interpretation and enforcement. Any action, suit or proceeding related to, or arising from, this Agreement shall be filed in the appropriate court having jurisdiction in the County of Ventura. 313-1. Attorneys' Fees. In the event any action, suit or proceeding is brought for the enforcement or declaration of any right or obligation pursuant to, or as a result of any alleged breach of, this Agreement, the prevailing Party shall be entitled to its reasonable attorneys' fees and litigation expenses and costs, and any judgment, order or decree rendered in such action, suit or proceeding shall include an award thereof. Attorneys' fees under this section shall include attorneys' fees on any appeal and any post - judgment proceedings to enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement. 26 USA PROPERTIES DEV AGR 2002 0628"" DD(1DCR -S nry — 2002 -0628 323-2. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which constitute one and the same instrument. IN WITNESS WHEREOF, aeeelyneAbr-ar and City of Moorpark have executed this Development Agreement on CITY OF MOORPARK By Patrick Hunter Mayor ATTEST Deborah S. Traffenstedt City Clerk VINTAGE CREST SENIOR APARTMENTS, L.P., a California limited partnership Developer By: USA Properties Fund, Inc., a California corporation Its: Administrative General Partner By Geoffrev C. Brown, President By: Riverside Charitable Corporation a California non - profit corporation Its: Managing General Partner By: Kenneth S. Robertson, Chairman of the Board 27 USA PROPERTIES DEV AGR 2002 0628U5A- PROPERTIEc nvv - 2000 0628 EXHIBIT A LEGAL DESCRIPTION Parcel 1: . ._. A portion of Lot "L" of Tract "L" of the Rancho Simi, as per Map recorded in Book 5, Page 5 of Maps, in the office of the County Recorder of said County, described as follows: Beainnina at a point in the West line of the land conveved to W.O. Redden and wife, recorded July 3, 1952, in Book 1075, Page 191 of Official Records, distant thereon South 00 03' East, 615.24 feet from the center line of Los Angeles Avenue 60.00 feet wide; thence, continuing along said West line 1st: South 00 03' East, 810.02 feet to the Southwest corner of said land of Redden in the Southerly line of the land conveyed to John A. King and wife, by deed recorded in Book 754, Page 451 of Official Records; thence, along the Southwest line of said land of King 2nd: North 660 00' 25" West, 273.75 feet to the Southwest corner thereof; thence, along the West line of said land of Kinct 3rd: North 00 03' West, 698.71 feet to a line bearing West from the point of beginning; thence 4`h East, 250.00 feet to the point of beginning. Parcel 2: Parcel B of Parcel Map No. 5316, in the City of Moorpark, County of Ventura, State of California as shown on that Parcel Map recorded in Book Page of Parcel Maps, in the office of the County Recorder of said County. 28 USA PROPERTIES DEV AGR 2002 0628112A PRQP -9R!r- IBS - -D9Y AGR-20 2628 EXHIBIT B To City: City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn. City Manager To Developer: jeee yne Tbr,r 29311 Castle Hill Dri,.,-- jehn Luedtke, Viee Presidew 217 Teehnelegy Drive Tr ine, 06718 Steven T. Gall, Executive Vice President USA Properties Fund 2440 Professional Drive, Suite 100 Roseville, CA 95661 -7773 RESOLUTION NO. PC 2002 -428 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA PROVIDING A RECOMMENDATION TO THE CITY COUNCIL OF THE CITY OF MOORPARK PERTAINING TO THE APPROVAL OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND VINTAGE CREST SENIOR APARTMENTS, L.P., A CALIFORNIA LIMITED PARTNERSHIP, REGARDING CONTRACTUAL OBLIGATIONS RELATED TO THE DEVELOPMENT OF VINTAGE CREST SENIOR APARTMENTS (RESIDENTIAL PLANNED DEVELOPMENT PERMIT NO. 2002 -02) WHEREAS, Section 65864, Article 2.5, Chapter 4, Division 1, Title 7 of the State Planning and Zoning Law provides that cities may enter into contractual obligations known as Development Agreements with persons having equitable interest in real property for development of that property; and WHEREAS, the owners of Vintage Crest Senior Apartments (Residential Planned Development Permit No. 2002 -02) have applied to the City of Moorpark to seek a Development Agreement between the City and said owners pursuant to Chapter 15.40 of the Moorpark Municipal Code; and WHEREAS, the Planning Commission of the City of Moorpark has previously reviewed the Mitigated Negative Declaration, General Plan Amendment, Zone Change, and Residential Planned Development requests and has made recommendations to the City Council pertaining to the approval of said requests; and WHEREAS, the Mitigated Negative Declaration prepared for General Plan Amendment 2002 -01, Zone Change 2002 -01, and Residential Planned Development Permit 2002 -02 is sufficient environmental documentation for the Development Agreement, since the Development Agreement relates to providing for the financing and or construction of various improvements and facilities relating to the project area that have already been addressed by the Mitigated Negative Declaration for the project, _therefore, no further environmental documentation is necessary; and WHEREAS, the City Council desires that the Planning Commission evaluate and provide recommendations for revision, denial and /or approval of a Development Agreement between the City and Owners, and has provided the Commission with true copies of the Development Agreement; and Resolution No. PC- 2002 -428 Development Agreement No. 2002 -01 Vintage Crest Senior Apartments (USA) Page No. 2 WHEREAS, a duly noticed public hearing was conducted by the Planning Commission on August 26, 2002, to consider the Development Agreement and to accept public testimony related thereto; and WHEREAS, the Planning Commission has considered all points of public testimony relevant to the Development Agreement and has given careful consideration to the content of the Development Agreement. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The potential environmental impacts concerning this Development Agreement relates to and would provide for financing and construction of various improvements and facilities relating to the project area which have already been addressed by the Mitigated Negative Declaration prepared for the General Plan Amendment, Zone Change, and Residential Planned Development Permit. SECTION 2. RECOMMENDATION: The Planning Commission having conducted a public hearing on the form and content of a Development Agreement between the City of Moorpark and the owners of Vintage Crest Senior Apartments, at the request of the City Council, hereby recommends that the City Council, at public hearing before said Council, approve the Development Agreement in the form and content presented to the Planning Commission on August 26, 2002. SECTION 3. DOCUMENTS TO CITY COUNCIL: A copy of this Resolution, documents furnished by the public, and minutes of the public hearing be furnished to the City Council. SECTION 4. FILING OF RESOLUTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. Resolution No. PC- 2002 -428 Development Agreement No. 2002 -01 Vintage Crest Senior Apartments (USA) Page No. 3 PASSED, APPROVED, AND ADOPTED this 26th day of August 2002. AYES: Commissioners Parvin, DiCecco, Haller and Vice -Chair Landis NOES: None ABSENT: Chair Otto William F. Otto, Chair ATTEST: Barry K. Hogan, Community Development Director ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND VINTAGE CREST SENIOR APARTMENTS, L.P., A CALIFORNIA LIMITED PARTNERSHIP (USA PROPERTIES FUND, INC.) WHEREAS, at a duly noticed public hearing on September 4, 2002, the City Council considered the application filed by USA Properties Fund Inc. for the following project (APN'S 506 -0- 050 -185 and a portion of 506 -0- 050 -475): GPA 2002 -01, Zone Change 2002 -01, and RPD 2002 -02 for 190 affordable senior apartments located at Park Lane and Park Crest Lane, including a change in the zoning and land use from commercial to residential with a density of 20 units per acre; and WHEREAS, the Planning Commission of the City of Moorpark on June 24, 2002, did adopt Resolution Nos. PC 2002 -426 recommending to the City Council approval of General Plan Amendment No. 2002 -01, Zone Change 2002 -01, Residential Planned Development 2002 -02 and adoption of the project Mitigated Negative Declaration; and WHEREAS, the Planning Commission of the City of Moorpark on August 26, 2002, did adopt Resolution No. PC 2001 -428 recommending to the City Council approval of Development Agreement No. 2002 -01 submitted by Vintage Crest Senior Apartments, L.P., a California Limited Partnership; and WHEREAS, the City Council Mitigated Negative Declaration completed in accordance with the Act (CEQA), the CEQA Guidelines, and on July 10, 2002, adopted the for the project as having been California Environmental Quality and the City's CEQA procedures; WHEREAS, at a duly noticed hearing on September 4, 2002, the City Council considered Development Agreement No. 2002 -01; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff reports and testimony, has made a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby find as follows: Ordinance No. Page 2 a. The Development Agreement is consistent with the General Plan as amended by General Plan Amendment No. 2002 -01. b. The Development Agreement and assurances that said agreement places upon the project are consistent with the intent and provisions of the Mitigated Negative Declaration. C . The Development Agreement is necessary to insure the public health, safety and welfare SECTION 2. The City Council hereby adopts Development Agreement No. 2002 -01 (attached hereto as Exhibit A) between the City of Moorpark, a municipal corporation and Vintage Crest Senior Apartments, L.P., a California Limited Partnership, and the City Clerk is hereby directed to cause one copy of the signed adopted agreement to be recorded with the records of the County of Ventura within ten (10) days of adoption of said agreement. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute order of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. v Ordinance No. Page 3 PASSED AND ADOPTED this day of , 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk EXHIBIT A: Development Agreement No. 2001 -01 ITEM 9. A. CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: Honorable City Council FROM: Barry K. Hogan, Community Development Director DATE: September 4, 2002 SUBJECT: Item 9.A.1 Proposed Development Agreement with Vintage Crest Senior Apartments, L.P. Attached is a revision to Attachment 3, Item 9.A. (stamp page 000003) , the Draft Ordinance for approval of the Vintage Crest Senior Apartment Development Agreement. The revision reorders the first four (4) recitals and changes a date in recital number 2. C: Steven Kueny, City Manager Deborah S. Traffenstedt, ATCM /City Clerk File (RPD 2002 -02, DA) S: \Community Development \D A \2002 -01 \Ordinance \memo rev ord 020904.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MOORPARK AND VINTAGE CREST SENIOR APARTMENTS, L.P., A CALIFORNIA LIMITED PARTNERSHIP (USA PROPERTIES FUND, INC.) WHEREAS, the Planning Commission of the City of Moorpark on June 24, 2002, did adopt Resolution Nos. PC 2002 -426 recommending to the City Council approval of General Plan Amendment No. 2002 -01, Zone Change 2002 -01, Residential Planned Development 2002 -02 and adoption of the project Mitigated Negative Declaration; and WHEREAS, at a duly noticed public hearing on July 10, 2002, the City Council considered the application filed by USA Properties Fund Inc. for the following project (APN'S 506 -0- 050 -185 and a portion of 506 -0- 050 -475): GPA 2002 -01, Zone Change 2002 -01, and RPD 2002 -02 for 190 affordable senior apartments located at Park Lane and Park Crest Lane, including a change in the zoning and land use from commercial to residential with a density of 20 units per acre; and WHEREAS, the City Council on July 10, 2002, adopted the Mitigated Negative Declaration for the project as having been completed in accordance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's CEQA procedures; and WHEREAS, the Planning Commission of the City of Moorpark on August 26, 2002, did adopt Resolution No. PC 2001 -428 recommending to the City Council approval of Development Agreement No. 2002 -01 submitted by Vintage Crest Senior Apartments, L.P., a California Limited Partnership; and WHEREAS, at a duly noticed hearing on September 4, 2002, the City Council considered Development Agreement No. 2002 -01; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council staff reports and testimony, has made a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council of the City of Moorpark does hereby find as follows: Ordinance No. Page 2 a. The Development Agreement is consistent with the General Plan as amended by General Plan Amendment No. 2002 -01. b. The Development Agreement and assurances that said agreement places upon the project are consistent with the intent and provisions of the Mitigated Negative Declaration. c. The Development Agreement is necessary to insure the public health, safety and welfare SECTION 2. The City Council hereby adopts Development Agreement No. 2002 -01 (attached hereto as Exhibit A) between the City of Moorpark, a municipal corporation and Vintage Crest Senior Apartments, L.P., a California Limited Partnership, and the City Clerk is hereby directed to cause one copy of the signed adopted agreement to be recorded with the records of the County of Ventura within ten (10) days of adoption of said agreement. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. That if any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said city; shall make a minute order of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star, a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. Ordinance No. Page 3 PASSED AND ADOPTED this day of , 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk EXHIBIT A: Development Agreement No. 2001 -01 ITEM- CG -r Approves% r MOORPARK CITY COUNCIL4pjrrn-}. AGENDA REPORT �1-- '�` ` r�G R� �c e,JJ TO: Honorable City Council FROM: Hugh R. Riley, Assistant City l na DATE: August 27, 2002 (CC Meeting of September 4, 2002) SUBJECT: Consider Amending FY 2002 -2003 Annual Action Plan of Ventura County Community Development Block Grant (CDBG) FY 2000 -2005 Consolidated Plan to Include Theater on High Project; Consider Adoption of Resolution No. 2002- , to Apply for Section 108 Loan for Theater on High Project for $500,000 from the U. S. Department of Housing and Urban Development (HUD) for Furnishings, Fixtures and Equipment (FF &E) for the Theater at 45 East High Street and for the Acquisition of 11 -17 East High Street; and Consider Approving Agreement Between City of Moorpark and Janss IV Recreation for Theater on High Project SUMMARY Due to the fact that the agreement between the City and Janss IV Recreation has not been completed, it is requested that this item be continued to the next City Council meeting, on September 18, 2002. RECOMMENDATION Open public hearing, take testimony and continue hearing to September 18, 2002. ITEM WAS AC -. A pn►r�+ec� _. ��+� ne-� des +� MOORPARK CITY COUNCIL�)A —& ' ! -Cj% &k 0-10 q,dreuCx�e,, AGENDA REPORT Sar c �Cel�an i Todd (�p5zela +s.ur� Sa��Cona�pr*' -e- e ti - bctf�- Gel -�aw� N . Se rnnctvi �T. TO: Honorable City Council "a.r-pe--r I-\-bsc.Y,t) FROM: Deborah S. Traffenstedt, ATCM /City Clerk 5 i DATE: August 29, 2002 (CC Meeting of 9/4/02) SUBJECT: Consider Teen Council Appointments BACKGROUND As of June 30, 2002, the appointment period for the Teen Council expired. The application period to submit applications closed on June 7, 2002. Eleven applications for the Teen Council were received from the following individuals: Chithiwala, Zahabiya* Green, Andrea* Keyhani, Sanaz Best, Britteny Koszela, Todd* Skinner, Taylor* Marsh, Shauna Semnani, Nick Pflaumer, Shannon* Priebe, Greg* Mesa Verde Middle School Chapparal Middle School Chapparal Middle School Moorpark High School Moorpark High School Moorpark High School Moorpark High School Moorpark High School Moorpark High School Moorpark High School Saidkhanian, Elizabeth* Moorpark High School * Served on Teen Council 2001 -2002 Grade 8 Grade 8 Grade 8 Grade 9 Grade 9 Grade 9 Grade 10 Grade 10 Grade 10 Grade 10 Grade 11 The Teen Council applications were provided to the Council under separate cover. DISCUSSION By Minute Order, the Council approved amendments to the Teen Council Guidelines in July 2001. The revised Guidelines state: Honorable City Council Teen Council Appointments City Council Meeting of September 4, 2002 Page 2 All appointments to the Teen Council shall be made by the Mayor of the City of Moorpark, with approval of the City Council, consistent with the adopted Council policy on procedure for appointments. The Teen Council shall consist of no less than seven (7) and no more than eleven (11) members, with a goal of having a minimum of one (1) representative from each grade level from 7th grade to 12 t`' grade. All representatives must be City of Moorpark residents and be enrolled in school. Special attention should be given to insure that all middle schools and high schools in Moorpark have some representation on the Teen Council. Representatives would typically be limited to not serving more than a total of three years on the Teen Council to allow more teens the opportunity to serve as a Teen Council representative. Of the eleven applicants listed above, seven served on the Teen Council in 2001 -2002 and two also served in 2000 -2001. None of the applicants exceed two years on the Teen Council (Shannon Pflaumer and Greg Priebe have served the longest, having been appointed in October 2000). The Council's adopted procedure for appointments is as follows: A. The Mayor shall solicit suggested nominees from members of the Council. B. Prior to making a motion for appointment, the Mayor shall announce the names of all persons he /she intends to nominate, and in the order to be nominated, for a board, commission, or committee. C. The Mayor shall make a motion putting forth each individual name to be approved for appointment. D. A second shall be required. E. The Council shall vote on each appointment individually. STAFF RECOMMENDATION Make appointments to the Teen Council for a one -year term to end on June 30, 2003. I-,n4- e) ", ! TO: FROM: DATE: SUBJECT: BACKGROUND ITEM lo. B. % ter- ji' •- , r ` oc*L MOORPARK CITY COUNCIL �- I_lasc�lww p s R l ±.! AGENDA REPORT -� l 114�DSc►��) __ Honorable City Council Deborah S. Traffenstedt, ATCM /City Clerk '--D S August 29, 2002 (CC Meeting of 9/4/02) Consider Appointments to the Ventura County Area Agency on Aging The Advisory Council for the Ventura County Area Agency on Aging consists of a representative and an alternate from each community in Ventura County. The representative and alternate must be 60 years of age or older. The application period to submit applications closed on June 7, 2002. Four (4) applications were received from the following individuals: Bellasalma, Anthony Abramson, Morrie Hartley, James Goldstein, Gerald DISCUSSION The City Council received a copy of the applications from the above listed individuals under separate cover. The City Council adopted Resolution No. 2001 -1926, which sets forth the Council policies for citizen appointments to boards, commissions, and committees. The Council policies have been followed for the posting and publication of notice of the vacancies. The Council's resolution states that the procedure for appointments shall be as follows: A. The Mayor shall solicit suggested nominees from members of the Council. B. Prior to making a motion for appointment, the Mayor shall announce the names of all persons he /she intends to Honorable City Council September 4, 2002 Meeting Page 2 nominate, and in the order to be nominated, for a board, commission, or committee. C. The Mayor shall make a motion putting forth each individual name to be approved for appointment. D. A second shall be required. E. The Council shall vote on each appointment individually. STAFF RECOI- SENDATION Appoint one (1) representative and one (1) alternate to the Area Agency on Aging for a two -year term from July 1, 2002 through June 30, 2004. ITEM 10• C • RecrCier- Uri A6)e'►�da +-t0_ a R r!!A ApFroued -b Con4. -b cc n t5 MOORPARK CITY COUNCIL AGENDA REPORT �; , , �, 5 • T TO: Honorable City Council FROM: Barry K. Hogan, Community Development Direct Prepared by Paul Porter, Principal Planner , DATE: August 26, 2002 (CC Meeting of 9/4/02) SUBJECT: Consider Proposed Sign Program for Commercial Planned Development Permit No. 2001 -01 (Moorpark Marketplace - 357,621 Square Foot Commercial Center) Located South of New Los Angeles Avenue, East of Miller Parkway and West of the SR -23 Freeway on the Application of Zelman Retail Partners, Inc. (Assessors Parcel Nos. 512 -0- 260 -015, 085 and 105) BACKGROUND As part of the review process of the Commercial Planned Development Permit (CPD) No. 2001 -01, the applicant submitted a Conceptual Master Sign Program, which Council has previously reviewed. That program indicated the general location and style of monument and identification signs to be located both on and off -site. Condition No. 37 of the CPD and the Third Amendment to Settlement Agreement and Mutual Release that allows certain signs requires City Council approval of a Master Sign Program for the entire project. The Master Sign Program was submitted on August 1, 2002. The Council Ad Hoc Committee (Mayor Hunter and Councilmember Harper) reviewed the Master Sign Program on August 21, 2002. DISCUSSION The Master Sign Program objective is to establish standards to ensure tenant signage is harmonious, integrates with shopping center architecture, and provides for coordinated proportional signage exposure for all tenants. The program sets forth S: \Community Development \C P D \2001 -01 \Agenda Reports \CC 020909 Zelman signs.doc C Honorable City Council Meeting of September 4, 2002 Page No. 2 responsibilities for all tenants with respect to sign review approval and installation methodology. It allows for creativity in sign design and sets forth a process for the creation, review and approval of signage within the Moorpark Marketplace shopping center. Only signs that are considered consistent with the criteria within the Master Sign Program and approved by both the Landlord and the City of Moorpark are allowed. Prior to the submittal of the Master Sign Program, some Councilmembers asked staff to investigate existing pylon /pole signs in other communities; specifically, the McDonald's and Denny's pole signs at Kanan Road and the 101 Freeway. Both of these signs are located in the City of Agoura Hills and were approved prior to incorporation of the City. The signs are seventy -five feet (75') high, but no information was available on the square footage of the signs. In Oxnard, the auto mall sign at the 101 Freeway is seventy four feet (74 ") high and 900 square feet per sign face. In Ventura, the auto mall sign at the 101 Freeway is sixty -five feet (65') high; sign face square footage was not available. There are five (5) types of signs addressed in the Master Sign Program. They are: 1) monument signs; 2) pylon signs; 3) wall signs; 4) door signs; and 5) address signs. 1. Monument Signs: One (1) twelve foot (12') high monument sign of approximately fifty -four square feet (54 s.f.) per sign face (includes elevations, location, materials, number of tenants, and size of letters). Three (3) entry monument identification signs (No Tenant Signs) (includes elevations, location, number of tenants, materials and size of letters). These identification signs are proposed to have flood lighting located at the base of the sign, including: Two (2) six foot (6') high main entry monument signs having a sign face of approximately one hundred thirty -four square feet (134 s.f.) with maximum letter height of three feet (31). S: \Community Development \C P D \2001 -01 \Agenda Reports \CC 020904 Zelman signs.doc Honorable City Council Meeting of September 4, 2002 Page No. 3 One (1) four foot eight inch (4'8 ") high entry monument sign, at the corner of Miller Parkway and New Los Angeles Avenue, having a sign face of approximately one hundred thirty -four square feet (134 s.f.) with a maximum letter height of three feet (3'). 2. Pvlon Sians: One (1) twenty -four foot (24') high freestanding sign, containing approximately forty -eight square feet (48 s.f.) per sign face (includes elevations, location, materials, number of tenants and size of letters). One seventy -eight foot (781) high freestanding, freeway oriented sign, containing approximately two hundred seventy -nine square feet (279 s.f.) per sign face (includes elevations, location, limited to the name of the center and four major tenants, materials and size of letters). 3. Wall Signs: Building wall signs and under canopy signs for major and minor tenants (includes method of sign calculation, sign area, colors, letter height, use of logos, construction and installation. 4. Door Signs: Door signs (includes type of font, size of letters and color). 5. Address Sians: Address location signs (includes sign heights, location and materials). Ad Hoc Committee Meeting of August 21, 2002 On August 21, 2002, the Ad Hoc Committee (Mayor Hunter and Councilmember Harper) met to discuss the sign program. The Committee did not discuss any particular details of the Master S: \Community Development \C P D \2001 -01 \Agenda Reports \CC 020904 Zelman signs.doc Honorable City Council Meeting of September 4, 2002 Page No. 4 Sign Program, but did ask for information on existing freeway signs in other cities, which is included above. Suggested Modifications Staff has reviewed the proposed Master Sign Program and suggests the following modifications: 1. Include the architectural background of a sign in the Sign Area Calculation. 2. Limit the number of sign colors for minor tenants to three (3) colors, with the exception of nationally - recognized logos. White and black would be considered a color in this instance. 3. Require the applicant to amend the Carlsberg Specific Plan to be consistent with the entry monument signage proposed at Miller Parkway, prior to the issuance of a sign permit. 4. Replace the flood lighting of the monument signage with low intensity, low voltage lights. 5. Restrict shopping center identification signs within the sight distance triangle, as determined by the City Engineer, to a total maximum height of three feet (31) from top of curb of the closest adjacent roadway or entry. 6. Allow shopping center identification signs, not within the sight triangle, to a maximum total height of six feet (6') from top of curb of the closest adjacent roadway or entry. STAFF RECOMMENDATION Approve the Master Sign Program subject to the staff recommended modifications. Attachment: Proposed Master Sign Program S: \Community Development \C P D \2001 -01 \Agenda Reports \CC 020904 Zelman signs.doc X1,01 C) C7 Moorpark Marketplace ., H ZELMAN RETAIL PARTNERS, INC. z 515 S. Figueroa St., Suite 1230, Los Angeles, CA 90071 H H U MASTER SIGN PROGRAM Prepared by PERKOWITZ+ RUTH ARCHITECTS 111 West Ocean Blvd., 21st Flr., Long Beach, CA USA 90802 562.628.8000 DATE: 07.15.02 Moorpark Marketplace Tenant Signage Criteria The purpose of this sign criteria is to establish standards that assure tenant signage is harmonious, integrates with shopping center architecture, and provides coordinated proportional exposure for all tenants. This sign criteria also describes the responsibilities of the tenants with respect to sign review, approval, and installation. All work shall meet or exceed the minimum design intent and fabrication requirements shown in this document. Conformance will be enforced. A diversity of sign types within the parameters of these criteria is encouraged to allow for creative tenant signage. However, any non - conforming or disapproved signs will be brought into conformance at the expense of the tenant. Each Tenant shall provide a minimum of one primary identification wall sign in accordance with the approved Master Sign Plan herein provided. Tenant shall be responsible for the following expenses relating to signage for tenant's store: - Plan check, permit processing and application fees, - Fabrication and installation of signage, and final electrical connections. - Maintenance and repair, to include; all costs relating to signage removal, including repair of any damage to the building, or any portion of the shopping center. There is a formal process for the creation, review and approval of Tenant signs (see "Submittals and Approvals" section of this document). The tenant shall provide the following information: store name, logo image and colors, intended sign dimensions, materials, colors, finishes, and electrical connections. Only those sign types provided for and specifically approved in writing by the Landlord and the City of Moorpark will be allowed. The Tenant will be required, at his expense, to correct, replace or remove any sign that is installed without City or Land Lord's approval and /or that is deemed not to be in conformance with the plans as submitted and with require- ments and documents referenced herein. Moorpark Marketplace Vicinity Map; CASEY `MC�S .Lr / av B O EVERETT 1p, Is, 101 3r CHARLES < 496 __ DOROTHY RUTH FITCH < 1. 0 2ND > z — < i < SRO m F SARAH _ = FL \NN 1 O f` LASSEN ROBERTS _— -1 . ESTHER �(G SHEaMAN _. PRO EC TE LO ANGELE b , MAJESTIC PARK T. HH HT p �MILLERTON VISTA LEVAN W < �'� BODE A� "Y� GRA ISLE PEACH HILL N,I1 1\ W ti, p 3 O O O O O °: I m �T/ BEAR V ALLEY U ANN E OI/ < < l u u HONE'BEE U MOK rI i SHAOY P T .�'� .._�.n s. CHaIS11AN BAR. Q��� U U WILLIA R ' •' n �./ I 1, SUMMER n \' O DONNY OK ; SILVER CREEK ELM ROCK w n RYSTA ANCH '\ G� 3 3 G O O 0 0 12' High Monument Sign 24' Freestanding Sign 78' Freestanding Freeway Oriented Sign Entry Monument ID (No Tenant Signs) Moorpark Marketplace Site Plan 4. T !1111 N-1 I a F w RETAIL 30,800 SF l ) NI W LWt-� ANU ICS AVI:NI_J( - SIDEWALK, v v LANDSCAPE,-,---" ! II OAR !K I I ow I i �U� I ICU` Q w Moorpark Marketplace f A Double Faced — illuminated 12' Height Monument Sign Along New Los Angeles Ave. Note: Sign may encroach into 1/2 of the setback area. Min. landscaping setback is 4 feet on all sides. MILT. OR E.I.F.S. CORNICE TEXTURED MLT.= PANEL ILLUMINATED CHANNEL LETTERS Moorpark Marketplace A Double Faced — illuminated 12' Height Monument Sign Along New Los Angeles Ave. /0 La 4' -6" 4' -6" -- ---- --- 1�--- - - - - -� IMlnor Te nant i IMlnor Tenant i �-------- ��--- - - - - -� IMlnor Tenant i IMlnor Tenant, i Minor Tenant i i Minor Tenant i Minor Tenant i i Minor Tenant Minor Tenant 1 Ir inor Tenant IV n—o-r Tenant'I I'M nor Tenant 4' -6" SF EACH TENANT SIGN. 12 SIGNS PER SIDE = 54 SF PER SIDE TRECAST TRIM r; CULTURED ,rZ -STONE VENEER A. SCALE 1/4" = V -0" �'!O/✓UME�✓T' /Gs/✓ ./LZoo/ jPitR/� � G�4- � 2oi s/i9,1oL_ Note: Maximum Letter Height 12 inches. Max. Sign Area : 54 SF. (each side) Total of Both Sides = 108 SF. �a d 1z,�� fLll_�A' II AVI -IvJUI - SIDEWALKS I � I 11 ° LANDSCAPE' Moorpark Marketplace B Double Faced — illuminated 24' Height Freestanding Sign Along New Los Angeles Ave. Note: Sign may encroach into 1/2 of the setback area. Min. landscaping setback is 4 feet on all sides. R: "34 C PAiRKING� i j - I I j �z ow oQ w Moorpark Marketplace B Double Faced — illuminated 24' Height Freestanding Sign Along New Los Angeles Ave. Note: Sign may encroach into 1/2 of the setback area. Min. landscaping setback is 4 feet on all sides. R: "34 C !Cpl. .4 J METAL OR E.I.F.S. _ CORNICE CERAMIC TILE - INTERNALLY ILLUMINATED CHANNEL LETTERS. MAX. SIGN AREA = 36 SF. 12 SF. EACH TENANT SIGN. 4 SIGNS PER SIDE = 48 SF- METAL OR E.I.F.S. TRIM — TEXTURED METAL PANEL PRECAST TRIM -- -o CULTURE STONE VENEEF,V Pb<, .' 3/OE Note: Maximum Letter Height 18 inches. (Major Tenant Panels) Moorpark Marketplace B Double Faced — illuminated 24' Height Freestanding Sign Along New Los Angeles Ave. S! o' -t-- s ----+ 04� Max. CHANNEL LETTERS MWWr- _ FtFI/Anon/ Total sign area: 84 S.F. (each side) Total of Both Sides = 168 SE N Moorpark Marketplace C Four Faced — internally illuminated channel letters 78' Freeway Oriented Sign Location Plan) g d Moorpark Marketplace VENEER 1\1 [7 R T N R. C Cl I I T N F I F \/ A T I Ci N _ .. _.. _. .. F O G T R. \A/ F G T F I F \/ A T 1 (l IV �r ,. F, •_ •'_, , �•• OFour C Faced — internally P� illuminated channel letters 78' Freeway Oriented Sign SEE NEXT PAGE (Elevation) FOR DIMENSIONS 78' INTERNALLY ILLUMINATED CHANNEL LETTERS ON ■ ■ NORTH /SOUTH ELEVATIONS ES TO MATCH - CLAY ROOF TILES TO MATCH ,.....:..:....,...�F TILES -. I BUILDING ROOFTILES - ■ ■ NOTE: NAMES ARE FOR ILLUSTRATIVE 'TENANT PURPOSES ONLY � "MOORPARK PARKETPLACE "SIGN TO ■'" "' ! BE LOCATED ON EACH ELEVATIONS WITH THE TOTAL OF FOUR GFRC COLUMN OR SIMILAR ■ :::. - -:. ■ GFRC COLUMN OR SIMILAR INTERNALLY ILLUMINATED — -' . CHANNEL LETTERS ON ' O CERAMIC ACCENT TILE r NORTH,'SOUTH ELEVATIONS ■ � ■ M LIGHTING FIXTURES TO - ACCENT ARCHITECTURAL ■ .' ! -; ■ LIGHTING FIXTURES TO ACCENT ARCHL. ELEMhNI S ..„ ... ; ELEMENTS . (LOCATION TO STUDY FURTHER I -. CULTURED STONE VENEER ... CULTURED STONE VENEER - PF -8015' ■ - TEXTURE COATING TO "' "' ._. MATCH BUIL IN P .. :... :::...:..::..:.:::....::......:. ....:::........:.x!:....'... -t� -.t - ?� 17i :1 ' TEXTURE COATING TO .......... ,. .. :.. ..... MATCH BUILDING PLASTER ar ... .T.. .t I �!. r 20' VENEER 1\1 [7 R T N R. C Cl I I T N F I F \/ A T I Ci N _ .. _.. _. .. F O G T R. \A/ F G T F I F \/ A T 1 (l IV �r ,. F, •_ •'_, , �•• 36 S.F. LOGO+ 9 S.F. TENANT NAME = 45 S.F. TOTAL EACH SI TEXTURED MTL. 42 S.F. MAJOR TENANT S FOUR PER SIDE = 168 S.F. TOTAL EACH 33 S.F. MINOR TENANT SI TWO PER SIDE = 66 S.F. TOTAL EACH SII Moorpark Marketplace 18' air -1 - ?r Q Four Faced — internally :ed channel letters tvay Oriented Sign Dimension) 0' -0" M W -0,. in Area Per Side: TARGET) -F 168(MAJOR) 5(MINOR) =279 S.F. Total Per Side F LJ J J /1`/ / ". WIA NEW LOS ANGELES AVENUE 6 "(150mm) - CONCRETE MOW CURB -PROJECT IDENTIFICATION SIGN - PROPERTY LINE - CALTRANS R/W EXTEND EXISTING GARDEN WALL TO PROPERTY LINE REMOVE EXISTING "GUARD SHACK" ­_SIGNAGE FLOOD LIGHTING, EXACT NUMBER OF FIXTURES AND LOCATIONS PER ELECTRICAL ENGINEER (TYP. AS SHOWN) fF Moorpark Marketplace D Corner of Miller Parkway & New Los Angeles Ave Entry Monument I.D. Sign (No Tenant Signs) CORNER MILLER PRKWY & NEW LOSIANGELES AVE. SCALE 1" = 20' A }. a 1 ,+ � '�A "• 4 zo Y IY Q LJ J J /1`/ / ". WIA NEW LOS ANGELES AVENUE 6 "(150mm) - CONCRETE MOW CURB -PROJECT IDENTIFICATION SIGN - PROPERTY LINE - CALTRANS R/W EXTEND EXISTING GARDEN WALL TO PROPERTY LINE REMOVE EXISTING "GUARD SHACK" ­_SIGNAGE FLOOD LIGHTING, EXACT NUMBER OF FIXTURES AND LOCATIONS PER ELECTRICAL ENGINEER (TYP. AS SHOWN) fF Moorpark Marketplace D Corner of Miller Parkway & New Los Angeles Ave Entry Monument I.D. Sign (No Tenant Signs) CORNER MILLER PRKWY & NEW LOSIANGELES AVE. SCALE 1" = 20' A }. a 1 ,+ � '�A "• 4 Moorpark Marketplace D Corner of Miller Parkway & New Los Angeles Ave Entry Monument I.D. Sign CONCRETE CAP (No Tenant Signs) IDENTIFICATION SIGN DENTIFICATION SIGNAGE - PLAN VIEW IDENTIFICATION. PIN MOUNT ON EPDXY SET ALL THREAD. MINIMUM 2 MOUNTS PER LETTER 2 "(50mm)x2 "(5Omm) SO ALUMINUM TUBE FRAME ATTACHED TO SHEAR PLATE AT SLAB WITH "J' BOLTS PER CONTRACTORS SHOP DRAWINGS FIBERGLASS REINFORCED CONCRETE BACK BOARD WITH 1 /2 "(12mm)THICK GROUT. NOT TO SCALE SECTION 6. - 150mm 42' 1.01M 3 "(75mm) CONCRETE CAP CULTURED STONE VENEER AUTUMN PRO -FIT LEDGESTONE 4' 3.65M 4 "(100mm) CONCRETE SLAB WITH %4 REBAR 24 "(610mm) O.C. NOT TO SCALE 60 55 13" 330m S 1.15 TYP 51.25 FC 50 'ROFILE Moorpark Marketplaces; Corner of Miller Parkway &7 New Los Angeles Ave Entry Monument I.D. Sign (No Tenant Signs) V) QQ2 K Z pN < K O m 47' -8" w ...... ......_......_ ........ 4"( 100mm) THICK.CAST_ALUMINUM- 1.D._.SIGNr ......__.. ..- ._...,... ..__......... ._....._. ._....__ -. POLISHED FINISH. FONT SHALL BE "CONGA" 14.22M .._.. _ _.... _ ._ 44• -e' M A E T LA C._6" _K _. ___ ___.... ..1.4M _... 16 40 m 6' 19" •mss 482mm ._...__... _. _._._. _. .. 00 10 20 30 40 50 3.04M 6.09M 9.14M 12.19M 15.24M #4 REBAR O 18 "(450mm) O.C. E.W. FACE ALL SIDES WITH 3 "(75mm) THICK CONCRETE FIBERGLASS REINFORCED TILE BACK BOAR CULTURED STONE VENEER 'AUTUMN PRO -FIT LEDGESTONE C \ V TRY - CORNER OF NEW LOS ANGELES AVE. k MILLER PARKWAY NOT TO SCALE Moorpark Marketplace ` a PROJECT IDENTIFICATION SIGNAGE (TYP 2 PLACES) SIGN FLOOD LIGHTING, ACTUAL LOCATION AND QUANTITY PER ELECTRICAL ENGINEER.(TYP) X6"(1 - )CONCRETE MOW CURB(TYP) 31 x MAIN ENTRY IDENTIFICATION SIG Main Entry Monument I.D. E Sign. (No Tenant Signs) 9.1M d J* 00 30' 9.1M PROPERTY LINE /CALTRANS RIGHT OF WAY X � x I SCALE 1" = 20' Moorpark Marketplace a 4 m)CAST ALUMINUM Main Entry Monument I.D. 2' -4' OR R FAB FABRICATEO ENTRY SIGNAGE. 71 tmm FABRICATOR SHALL PROVIDE MOCK UP OF EACH FOR O Sign . (No Tenant Signs) OWNER APPROVAL 3 CONCRETE ■104mm) 914 m CAP CULTURED STONE VENEER 1,— AUTUMN PRO —FIT 38 mm LEDGESTONE 1._g. 2' Om 9' .74 11' .35 12' ELEVATION A TYPICAL —ALL ENDS OF SIGNS NOT TO SCALE 4'(100mm CONCRETE SLAB) 00 10 20 WITH /4 REBAR 24'(610mm) O.C. S36j 3.04M 6.09M CULTURED STONE VENEER 'AUTUMN PRO —FR LEDGESTONE EASTERLY & WESTERLY ENTRY SIGN PROFILE NEW LOS ANGELES ENTRY oo. 30 40 50 104 0mm 9.141M 12.19M 15.24M 3'(35mm) THICK CONCRETE CAP \ C. V NOT TO SCALE STONE 16.45M IDENTIFICATION SIGNAGE - PLAN VIEW TYPICAL EAST AND WEST SIDES - NEW LOS ANGELES ENTRY NOT TO SCALE PLANTER(TYP 2'x2 "(50mm x 50mm) SO. TUBE ALUMINUM FRAMING. MEMBER ATTACHMENT PER SIGNAGE CONTRACTORS SHOP DRAWINGS, TO BE APPROVED BY CALTRANS.(TYP) 6 "(150mm) THICK MISC. BREAK AWAY MOUNTING PLATE, ATTACHE TO SLAB WITH "J BOLTS" - PER SHOP DRAWINGS.(TYP) NATIVE SOIL., COMPACTED TO SECTION Moorpark Marketplace E Main Entry Monument I.D. Sign JTITY SIGNAGE -MOUNT TO ALL THREAD MOUNTS. MOUNTS SHALL ATTACHED TO SHEAR PLATE. MIN. (2) MOUNTS PER LETTER. 3 "(75mm)x12(304mm) CONCRETE CAP CULTURED STONE VENEER 1/4'- 1/2'(7 -15mm) THICK MORTAR 1/4'- 1/2 "(7 -15mm) THICK FIBERGLASS REINFORCED TILE BACKBOARD(TYP) 3 %75mm)x12(304mm) CONCRETE CAP(TYP) CULTURED STONE VENEER 1/4 "- 1/2 "(7 -15mm) THICK MORTAR(TYP) ♦' -- 1/4'- 1/2'(7 -15mm) THICK FIBERGLASS REINFORCED TILE BACKBOARD(TYP) 4'(100mm) THICK CONCRETE SUB IN 6x6 10/10 EWWF, - CENTER IN SLAB.(TYP) 3- 2, -914mm 610mm 782mm TYP TYP TYP NOT TO SCALE Moorpark Marketplace Buildings: D1,D2,Pads 1,2,3,4. Method of Sign Area Calculation: Sign Area shall be determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. Architectural backgrounds are allowed and are subject to landlords review and approval. Area of architectural back- grounds are not included in sign area calculation. 1 1/2" 8„ 5" N :r Section OA 'Typ" Sign Area Note: Letter Strokes May Exceed Max. Allowed Letter Height, Typical. 0 k 2� , sa • - - -.�. J Lette rs Logo Optional Architectural background (Not Included in Sign Area Calculation) Moorpark Marketplace Major Tenants (Greater Than 8.000 S.F. Buildings A. B. C1, C2. E. and F): a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. Architectual background, if any, not included in sign area. b: Signs on Side Building Elevations: Each tenant allowed one sign total. Additional ancillary signs allowed. Maximum size of signs is One - and - one -half (1.5) square feet of sign area (excluding architectual backgrounds) per one (1) lineal foot of building frontage to max. of 220 s.f. per tenant per sign. Foodcourt Tenant Arcade (Building D1. D2): a: Signs on Front Arcade Elevation: Two (2) square feet of sign area (excluding architectual backgrounds) per one (1) lineal foot of building frontage to a max. of 36 s.f. per tenant per sign. Foodcourt Storefront (Building D1. D2): a: Signs on Front Building Elevation: Two (2) square feet of sign area (excluding architectual backgrounds) per one (1) lin- eal foot of building frontage to a max. of 36 s.f. per tenant per sign. Under Canopy Signs (Building D1. D2)(Optional): Signs area determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. (see example; 'Method of Sign Area Calculation') max. of 20 s.f. per tenant. One sign per tenant. Pad (Building 1. 2. 3. and 4.): a: Signs on Front Building Elevation: Two (2) square feet of sign area (excluding architectual backgrounds) per one (1) lin- eal foot of building frontage to a max. of 40 s.f. per sign. b: Signs on Side and Rear Building Elevations(Optional): Each tenant allowed three signs in addition to front elevation, max. 40 s.f. each. c: Pad / Drive -Thru Restaurant and Other Restaurant: Dirve -thru restaurant and other restaurant pads are permitted to have approved illuminated menu boards, directional signs, speaker pedestals, take -out window signs, and other minor indentifica- tion signs, max. 25 s.f. per sign. Retail Shop Tenants (Building D1 and D2): a: Signs on Front Building Elevation: Two (2) square feet of sign area (excluding architectual backgrounds) per one (1) lin- eal foot of building frontage to max. area of 36 s.f. per tenant. b: Signs on Side Building Elevation (optional) : Same as front. Signage Design. Materials. Attachment(AII Building - Creativity and quality are encouraged in the design of tenant wall signs. Moorpark Marketplace Q Sign design will be evaluated on the basis of compatibility with the overall project architectural theme. However, at a minimum tenant wall signs will be internally illuminated individual pan - channel letters. (Raceways not permitted) Minimum .040 aluminum with 3/16 "' plastic face; no cross -over neon or wiring permitted. Sign canisters may be allowed for tenant logos only when any such logo constitutes a registered trademark or is part of the D.B.A. All sign colors, lettering styles, graphics treatments, and mounting attachments will be considered against overall compatibility with the development and architectural theme. Specialty background panels are encouraged and will not be calculated as part of sign area. The final design and size of signs will be approved or disapproved at the discretion of the Landlord and must be approved by the City. All decisions will be based on architectural compatibility. Miscellaneous Tenant Building Signage: Each tenant shall be permitted to place upon each entrance of its store (inside storefront glass) not more than 144 square inches of gold leaf or decal application lettering not to exceed 2 inches in height, indicating hours of busi- ness, emergency telephone numbers, etc. (see page 36). No advertising place cards, banners, pennants, names, insignias, trademarks, or other descriptive material shall be affixed or maintained upon the glass panes and supports of the show windows and doors, or upon the exterior walls of buildings without the written previous approval of the Landlord and the City, and must be in compliance with City Codes. No permitted banners shall be affixed to the front, rear or sides of the buildings unless approved by landload and the City. A maximum twenty percent (20 %) of interior window area may be used for temporary promotional and sales signage, subject to Landlord and City review and approval. Receiving doors may have a two inch (see page 35) high block letter sign identifying the Tenants' name. Landload shall shall install addresses above the door in six (6) inch high block letters. Letters shall be Dark Bronze applied directly to the door. No white or other background color allowed. Landload shall install addresses numbers for each building on the front building wall, 12 inches clear to the parapet or cornice and top -right of the main building wall. Letter style to be Helvetica Regular, height to be six (6 ") inches, securely mounted to the wall, and approved by the Building and Fire Departments (see page 37). Signaae Construction and Installation: Letter fastening and clips are to be concealed and be galvanized, stainless steel, aluminum, brass or bronze metals. Sign Specifications: The standard identification package for the P type stores is an interior illuminated channel letter display at the main entrance as shown, that consists of a 6' -0" bullseye combined with a set of 5' -0" TARGET letters. An alternative location for the display may be considered in cases of unusual visibility requirement. Consistency of Brand image is critical to TARGET'S success, therefore, any variation must be approved by TARGET. TOP OF RIDGE 12 Al' n" North Elevation SIGN AREA: TARGET LETTERS - 145 sq. ft. BULLSEYE - 36 sq. ft TOTAL - 181 sq. ft CONSTRUCTION: ALUMINUM RETURNS & BACKS FLAT 3/16" THICK ACRYLIC FACES ALUMINUM MOLDINGS NOTE: Bullseyes is comprised of two pieces; outer ring and inner dot ' 6'-v[- 28' -�` - - E Q. - �- E.Q. I� li COLORS: FACES - ROHM &HAAS #2283 RED RETURNS - PAINT TO MATCH FACES MOULDING - PAINT TO MATCH FACES ILLUMINATION: 15 mm CLEAR RED NEON NOTE: Transformers are located inside letters. (see detail) ELECTRICAL: 120V Q Moorpark Marketplace Major A Wall Sign — Target Partial North Elevation Building Frontage: 394' Lineal Feet Maximum Letter Ht: 60" Maximum Logo Ht.: 72" Maximum Total Allowed Sign Area: 591 S.F Total Proposed Sign.Area For North Elevation: 181 (TARGET) +60(PHARMACY)+ 75(GARDEN CENTER) =316 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. PROPOSED SIGN AREA 181 S.F.(includes logo) k Sign Specifications: TARGET store includes a Pharmacy, and it is identified with a set of internally illuminat- ed channel letters. The preferred location for the letters is near the center of the front of the building on P type stores. However, an alternative location for the letters may be considered on cases of unusual visibility requirements. Consistency of Brand image is critical to TARGET'S success, therefore, any variation must be approved by TARGET. PROPOSED SIGN AREA 60 S.F. CONSTRUCTION: ALUMINUM RETURNS & BACKS FLAT 3/16" THICK ACRYLIC FACES 1" TRIMCAP RETAINERS COLORS: FACES - ROHM &HAAS #2283 RED _.. I RETURNS - PAINT TO MATCH FACES MOULDING - PAINT TO MATCH FACES ILLUMINATION: 15 mm CLEAR RED NEON NOTE: Transformers are located inside letters. (see detail) ELECTRICAL: 120V Moorpark Marketplace Major A Ancillary Sign — Targets Partial North Elevation ` Building Frontage: 394' Lineal Feet Maximum Letter Ht: 30" Maximum Total Allowed Sign Area: 591 S.F. Total Proposed Sign Area For North Elevation: 181 (TARGET)+ 60(PHARMACY)+ 75(GARDEN CENTER) =316 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. TOP OF RIDGE 12 46' .14 C3 OPEN letter detail GO 24' Ni Moorpark Marketplace Major AAncillary Sign — Target Partial North Elevation Building Frontage: 394' Lineal Feet Maximum Letter Ht: 24" Maximum Total Allowed Sign Area: 591 S.F Total Proposed Sign Area For North Elevation: 181 (TARGET)+ 60(PHARMACY)+ 75(GARDEN CENTER) =316 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) cm inra fcc+ „f cinn mron nor - 111 lineal foot of building frontage. SIGN AREA: COLORS: I I' 75 sq. ft. FACES - ROHM &HAAS #2283 RED RETURNS - PAINT TO MATCH FACES CONSTRUCTION: MOULDING - PAINT TO MATCH FACES ALUMINUM RETURNS & BACKS FLAT 3/16" THICK ACRYLIC FACES ILLUMINATION: 1" TRIMCAP RETAINERS 15 mm CLEAR RED NEON NOTE: Transformers are located inside letters. (see detail) ELECTRICAL: 120V letter detail Sign Specifications: The standard identification package for the P type stores is an interior illuminated channel letter display at the main entrance as shown, that consists of a 6' -0" bullseye combined with a set of 5' -0" TARGET letters. An alternative location for the display may be considered in cases of unusual visibility requirement. Consistency of Brand image is critical to TARGET'S success, therefore, any variation must be approved by TARGET. PROPOSED SIGN AREA 181 S.F. (includes logo) West Elevation SIGN AREA: TARGET LETTERS - 145 sq. ft. BULLSEYE - 36 sq. ft TOTAL - 181 sq. ft CONSTRUCTION: ALUMINUM RETURNS & BACKS FLAT 3/16" THICK ACRYLIC FACES ALUMINUM MOLDINGS NOTE: Bullseyes is comprised of two pieces; outer ring and inner dot 28' COLORS: FACES - ROHM &HAAS #2283 RED RETURNS - PAINT TO MATCH FACES MOULDING - PAINT TO MATCH FACES ILLUMINATION: 15 mm CLEAR RED NEON NOTE: Transformers are located inside letters. (see detail) ELECTRICAL: 120V letter Moorpark Marketplace Major A Wall Sign — Target Parcial West Elevation Building Frontage: 289' Lineal Feet Maximum Letter Ht.: 60" Maximum Logo Ht.: 72" Maximum Total Allowed Sign Area: 434 S.F. Proposed Total Sign Area: 181 S.F. Maximum Allowed Total Sign Area based upon: One- and -one- half (1.5) square feet of sign area per one (1) lineal foot of building frontage. PROPOSED SIGN AREA 150 S.F V Moorpark Marketplace C Major B Wall Sign — T.J.Maxx z> North Elevation Building Frontage : 150' Lineal Feet Maximum Letter Ht: 72" Maximum Total Allowed Sign Area: 225 S.F Proposed Total Sign Area: 150 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) eet of sign area per one (1) lineal foot of building frontage. North Elevation Major Tenants (Greater Than 8.000 S.F. Buildings A. B. C1, C2. E. and F): a: Signs on Front Building Elevation: One- and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. b: Signs on Side Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) feet allowed one signs total. Additional ancillary signs allowed, provided maximum allowable sign area is not exceeded. UK North Elevation Moorpark Marketplace rI Major C -1 Wall Sign — Michaels North Elevation - Building C -1 0 j Building Frontage: 118' Lineal Feet Maximum Letter Ht.: 72" Maximum Total Allowed Sign Area: 177 S.F Proposed Total Sign Area: 132.5 S.F. Maximum Allowed Total Sign Area based upon: One -and- one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. Major Tenants (Greater Than 8.000 S.F. Buildings A. B. C1, C2, E. and F): a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. b: Signs on Side and Rear Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) feet allowed two signs total. Additional ancillary signs allowed, provided maximum allowable sign area is not exceeded. >MIN AREA North Elevation East Elevation 1 S.F. Moorpark Marketplace Major C -2 Tenant Wall Sign - Famous Footwear Building C -2 Building Frontage : 82' Lineal Feet (North) 119' Lineal Feet (East) Maximum Letter Ht: 60" Maximum Total Allowed Sign Area: 123 S.F (North) 179 S.F (East) Proposed Total Sign Area: 120 S.F(North) 171 S.F(East) Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. Major Tenants (Greater Than 8,000 S.F. Buildings A, B. C1, C2, E and F): a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. b: Signs on Side Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) feet allowed two signs total. Major A allowed three signs total. Additional ancillary signs allowed, provided maximum allowable sign area is not exceeded. i• Major Tenants (Greater Than 8.000 S.F. Buildings A B C1 C2 E and a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. b: Signs on Side Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) feet allowed two signs total. Major A allowed three signs total. Additional ancillary signs allowed, provided maximum allowable sign area is not exceeded. Moorpark Marketplace Major E Wall Sign — Kohl's Partial West Elevation Building Frontage : 320' Lineal Feet Maximum Letter ht: 72" Maximum Total Allowed Sign Area: 234 S.F Proposed Total Sign Area: 195 S.F. Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. West Elevation 15 S.F. �a Cj �3 Building Letter Installation The following information is a step -by -step procedure for installing KOHL'S letters. Please follow this procedure at all times. A copy of this drawing, the construction detail drawing of the letters manufactured by Federal Sign and a copy of the building elevation drawing must be onsite when doing the Installation. If you arrive on site for a scheduled install and a problem arises, you must call V.Munch at 630 - 887 -6814 to resolve prior to leaving site,_If not available call Jackie Rosiak, 262- 703 -1895 or Bill Schwalbach,262 -54 8-0627 or Natalie Martin, 262- 703 -1697 before leaving site. 1. When letters are delivered to your shop, test light all letters prior to truck leaving. ere are 12'- whips on the back of each letter. The method we use to crate the letters allow you tD test light them without entirely uncrating the letters. 2. Contact Federal Sign at 630 - 887.6814 Immediately If you suspect any Internal or hidden damage to the letters that would have occurred during shipping. Any damage not noted on the waybill dUALyggl,Mp4nslbfllty to repair. 3. To begin Installing the letters, determine what type of wall you will be mounting to. Concrete block, masonry, dryvlt, etc. This will determine what type of mounting hardware you will need to use, Wall anchors, through bolts, sleeved, ate. 4. Perthadesign drawing and building elevation drawings supplied, besure letters are centered between the brick accent bands, If mounting on a brick wail. Do not deviate from this placement unless you have prior approval. Occasionally, a roof scupper or light may not appear on the building elevation drawings and we woWd have to move placement of the letter sat, but you would still need prior approval. Moorpark Marketplace Major E Wall Sign — Kohl's S. Layout your mounting and electrical bad holes using the running dimensions shown on the Federal Sign construction detail drawing. fastening and electrical holes are in horizontal lines with all measurements from left to right. BefQrq _rlllingt�g r eegh414.f.+�[S.heaD #roohe,makesure ittsW-WisdireAetg _0 nsldem_ K.! otha "L,_hot.QoinAtpwr0thegrg -nd, 6. Once holes are set -up and drilled, mount the wall dips sent with the letters. Make sure orientation of clips Is correct, this will be important when doing your Anal adjustments to the letters once they are onthewall. See Federal Sign construction detail drawing showing proper orientation of the dips. 7, Before putting letters on thewal4 determine what the locaI code allows for the type of conduit you can use to place wires through the wall. Connect conduit to nipple connector provided on letter back, put wire whips in conduit and prepare letters to lift Into place. Federal Sign provides lift rings on each letter. 8, UR letters into place and put electrical leads thru wall, Do not completely tighten bolts on dips, a fine I adjustment must be made. Completely east ELECTRICAL LEAD holes with clearsillcone caulk, 9. * *Note *vWhen mounted properly, the top of the letter will be spaced 4" from the building and the bottom will be 4-1/4" from the building. TWs Is done sothatthe water will nm off towards the back of the letter instead running toward the front and under the retainer pushing dirt down on the inside of the letter faces. 30. Once all letters are in place and adjusted, If possible, test light the letters. TAkC„Ag1QWlV_!2f. completed installation. HaVelabsb suporulsorOontheinstallationcompletodform. 11, The on-site electrician for Kohl's will do the final electrical connection to the letters. 12. With the UL 2161 ruling regarding GFI transformers, to operate properly, each letter set must have a separate ground and neutral wire. No otherequipmentistobeconnectedto this letter set, • !1" & 'C" CUPS WILL BE ATTACHED TO THE BACK OF THE LETTERS IN THE PLANT. • "B" CLIPS WILL BE SHIPPED WITH LETTER TO BE INSTALLED ON WALL. • 'C' CLIP WILL HOLD BOTTOM OF LETTER OUT TO ALLOW WATER TO RUN OFF THE TOP OF LETTER AND DOWN THE BACK INSTEAD OF THE FACE. Q !SETS BF BITEAIBBILIJIMBAT®tSIAM�Uiit9M s..r,a•.rr 'SwCxtE18N,wmw0kmwwChw wmm .NTbpbxbm .A¢w*i rfkMP MWBiwkw MBlxtllW.,v - UL,W..d.JM Moorpark Marketplace Major E Wall Sign — Kohl's .06Y ALM. ¢ETUWO v' � � , • B PANT SATN BLACK 1 /4 3/4-,' 2 1 {r LowE¢s N OP OP BACK e . Pl(P.I %� UM R M.ACIt 7 /D• . 7 /dal I6• CO MMO eACYNG 447U/ WELD TO Of7LW6 b ran 7 I /rva 1/r WALL P� SATN BLACK e • .' LW.*R N TOP OF BAFFLE . STO. TUBE w"O¢TS i 080• ALUT BACY! PANE SAM BLACK MOUNTING ASSEMBLY 1/r ALM WT WEKDED TO BACK FOR TOP OF LETTERS 1100 CLASS MMM C IBA /777D W FLAT ACRYLIC PA FACE] (I PRCB. W lEAtt!) e >0 w N'F rRANSFORTER C\ •/B 6500 YOiTE t0. e M K -f CA! AN] a e .,/ E0. PREA.N ELecTUODE! WALL a. v ELECTRIC //''�6 Wri! OUT OF LETTER WHP /r NPaE / 7 WIRE MOUNTING ASSEMBLY In• U" TIT--. BY NSTAL.Ei FOR BOTTOM OF LETTERS .080• ALL11. SAFf12 PANE NSI�E WH1E -RECESSED SAFETY SWITCH ON 807161 ELo ALL a RVYA 0002% N RAM A NA¢OVARE 7 /D• x 1 /D• - ANGLE ,0 `/fA.0E0 f0 RETLR/tl gEE OETAI. B E� Moorpark Marketplace Major F Wall Sign — Linens N Things West Elevation North Elevation West Elevation Building Frontage :150' Lineal Feet North Elevation Building Frontage :200' Lineal Feet Maximum Letter Ht.: 72" Maximum Total Allowed Sign Area : 225 S.F (West) 300 S.F (North) Proposed Total Sign Area: 197 S.F. (West) 197 S.F. (North) Maximum Allowed Total Sign Area based upon: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. Major Tenants ( Greater Than 8,000 S.F. Buildinas A. B. C1. C2, E. and F): a: Signs on Front Building Elevation: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage. b: Signs on Side Building Elevations: Each tenant with a side building elevation which exceeds fifty (50) allowed two signs total. Additional ancillary signs allowed. 2 74 32 PROJECT INDENTIFICATION SIGN - 48 S.F. MAX. A E � i 91 1=Rv.st e�+r`t►5� pC>?Ji 6 4 �. t Moorpark Marketplace Foodcourt Tenant Arcade Signs Buildings D -1 & D- 2 North West Elevation MAX. TENANT SIGN AREA 36 S.F PER SIGN 6 SIGNS = 216 S.F. TOTAL (INCLUDING LOGO OR ARCHITECTURAL BACKGROUND). LOGO, INDIVIDUAL LETTER STROKES AND BACKGROUND MAY EXCEED 24" HEIGHT 48 S.F. (ID)+216 S.F(TENANT)=264 S.F. TOTAL ONE SIDE ONLY Foodcourt Tenant Arcade (Buildings D1and D2): a: Signs on Foodcourt Arcade: One- and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 30 s.f. per tenant per sign. Moorpark Marketplace; Retail & Foodcourt Tenant Window Signs - Building D -1 &D -2 POWER RACEWAY LOCATED IN THE MULLION OF STOREFRONT SIGNS MOUNTED TO RACEWAY ON EXTERIOR OF STOREFRONT wit P MAX. SIGN 30 S.F. PER TENANT. MAX. LETTER HEIGHT 24" ( NOT INCLUDING LOGO OR ARCHITECTURAL BACKGROUNE LOGO, INDIVIDUAL LETTER STROKES AND BACKGROUND MAY EXCEED 24" HEIGHT Retail & Foodcourt Tenant Window Signs (Building D1. D2): a: Signs on Store Front Windows: One - and - one -half (1.5) square feet of sign area per one (1) lineal foot of building frontage to a max. of 30 s.f. per tenant per sign. North Elevation D1 & West Elevation D2 Under Canopy Signs (Building D1. D2): Signs area determined by the total area of a box, or multiple boxes, containing all letterforms comprising the sign. (see exam- ple; 'Method of Sign Area Calculation') max. of 12 s.f. per tenant. One sign per tenant. TENANT TO PROVIDE PAINTED BLACK METAL BRACKET, PER DEVELOPER'S SPECIFICATION- SIGN AREA - 12 S.F. MAX. X 0 M 0 M 4' -0" Max. a - a A 0 L ' Wall Signs Moorpark Marketplace Under Canopy Signs And Wall Signs (Optional) Non - illuminated BOTTOM OF CANO BACKING —� SIGN AREA - 12 S.F. MAX- CABLE – OR ROD I � ,-X r c Cl) 2 72 Lon 20 o L ME aJ � 4' -0" Max. Under Canopy Signs C1 ■ M 4' -0" Max. a - a A 0 L ' Wall Signs Moorpark Marketplace Under Canopy Signs And Wall Signs (Optional) Non - illuminated BOTTOM OF CANO BACKING —� SIGN AREA - 12 S.F. MAX- CABLE – OR ROD I � ,-X r c Cl) 2 72 Lon 20 o L ME aJ � 4' -0" Max. Under Canopy Signs C1 6) � � - 2% - — ui- APPROVED FONT: HELVETICA Moorpark Marketplace Shop & Foodcourt Tenant Delivery Door Buildings D -1 & D- 2 DESCRIPTION: All letters and number's color shall distinctly contrast with their background, either light on dark or dark on light NOTE: No other signage is allowed on delivery side of building Ci �a r, Moorpark Marketplace Shops —Store frontage Sign Buildings D -1 & D- 2 APPROVED FONT: HELVETICA DESCRIPTION: 6" height tenant suite number in white vinyl above glass door tenant entry information sign to be white vinyl applied to glass with 12" x12" max. area. To be installed by the Landlord. l=ql=jw!IGW,jwj n 38 -Ak n 38 s Moorpark Marketplace Prior to submittal to the City for plan check and Tenants sign fabrication, Tenant or his sign contractor shall submit for Landlord approval three (3) sets of complete and fully dimensioned and detailed sign drawings. These drawings shall include: - Elevation of storefront showing design, location, size and layout of sign, drawn to scale, indicating materials, colors , and dimensions, attachment devices and construction detail. - Section through letter and /or sign panel showing the dimensioned projection of the face of the letter and /or sign panel and the illumination. Drawings (3 sets) should be mailed to: ZELMAN RETAIL PARTNERS, INC. 515 South Figueroa St., Suite 1230 Los Angeles, California 90071 Phn: (213) 533 -8100 Fax: (213) 533 -8118 Attn: Bob Exel / Sandy Kopelow All Tenant sign submittals shall be reviewed by Landlord and /or its agent for conformance with the provisions of the City approved Master Sign Program Plan. Within ten (10) business days after receipt of Tenant's drawings Landlord shall either approve the submittal, contingent upon any required modifications, or disapprove Tenant's sign submittal. Approval or disapproval shall remain at the sole right and discretion of Landlord. A full set of final plans must be approved in writing by Landlord prior to permit application to the City or sign fabrication. Following Landlord's approval of proposed signage, Tenant or his agent shall submit to the City sign plans signed by Landlord and applications for all permits for fabrication and installation by sign contractor. Tenant shall be solely responsible for the cost of City plan check fees and permits, and shall furnish Landlord with a copy of said permits prior to installation of Tenant's sign(s). Fabrication and installation of all signs shall be performed in accordance with standards and specifications outlined in these criteria and in the final plans and shop drawings approved by Landlord and the City. Any work deemed unacceptable shall be rejected and shall be promptly corrected or modified at Tenant's expense as required by the City, Landlord or its agent. Moorpark Marketplace The Tenant sign contractor is responsible to do the following: - Provide to the Landlord, prior to commencing sign fabrication and installation, an original certificate of insurance naming the Landlord as 'Additional Insured'. - Submit to Landlord and City for approval prior to fabrication complete and fully- dimensioned shop drawings. - Obtain approved sign permits ( stamped as approved by the City )from the City prior to sign fabrication and deliver copies of same to Landlord. - Repair and /or replace any damage or destruction to any portion of the shopping center (i.e.; buildings and site improve ments caused by contractor, its employees, or agents during the installation, repair, or removal of tenants sign(s). - Promptly remove any equipment, debris, and unused sign materials after installation, repair, or removal of tenants sign(s). EY O CUSTOM FABRICATED ALUMWUM CHANNEL . FULLY STAPLED SEA M3 S SOLID ALUMINUM BACK. 2O/. '" VNEEP MOLES AT BOTTOMS OF LETTERS, 2 PFR LETTER % TRINCAPRSTANEHWITILD -AWN1KUN tcatW6 O ME ON TUBE SUPPORT O TRANSLUCENT ACRYLIC LETTER FACE O ELECTROBITS NIGH VOLTAGE SILN1. Y.L. APPROVED CONNECTOR S W 3ULATRNO DOOT O GTOIN3ULATNNGSLLEVING TO DRMN NOI.FS 1M DIA. OSAFETVDISCONNECTSWITCH.00 1. OR FMATTRAMSFORMER BOX 9O NEON TUSE 1® ypX$FASTENER TO WALL (2.5 PER LETERI O OAL LEEO, VENTED TRANSFORMER BOX LISTED FLEX (METAL SHOWNI AND LISTED GTO CABLE MECONDARY SIDE ONLY). ® 3NKt TRANSFORMER. U. L. LISTED I9 PRIMARY' ELECTRICAL SOURCE Moorpark Marketplace Approved Sign Section Details Q CUSTOM FABRICATED ALUMINUM CHANNEL O2 3116" DIAMETER V 3- HREADED ROD VATIC CI EAR ACRYLIC SPACERS JO ALUMINUM LETTER FACE 0 WI6" CLEAR LEXAN BACK LENS O3 ELECTROBITS NIGH VOLTAGE 33315. U.L. APPROVED CONNECTOR © R38300T0 SLEEVINO 0 W- METAL FLEXIBLE CONDUIT OS GTO WIRE 9O NEON TUBE FASTENER TO WALL (2.6 PER LETTER) a.:7m: lw 11 GALVANI D. VENTED TRANSFORMER BOX © NEON TUBE SUPPORT 1® 301, TRANSFORMER - U. L. LISTED IO WAI LMVPPORT STRUCTURE g8 :-* . O e ,RP. w+ur 1® SAFETY DISCONNECT SWITCH ON WALL OR FIRST INANSFORMER p CUSTOM FABRICATED ALUMINUM CHANNEL O /. TRIMCAF RETAINER WRN FtM1 ALUMINUM KRFwb ]O UTAMETFR�J "illafAOED KOD INI TN CLEAR ACRYLIC SPACERS O TRANSLUCENT ACRYLIC LETTER FA O :FAN CLEAR—AN BACK LENS O UII APP VEO CONNECTORS O S3130 GTO SLEEWNO BO n" METAL FLEXIBLE CONDUIT OS GTO MIRE 1® NEON TUBE 1QI FASTENER TO WAIL II -6 PER I FTTER) a o�rTt� Q GM VANI2EO, VENTED TRANSFORMER BOY I© NEON TUBE SUPPORT I� 20— TRANSFORMER, U.L. LISTED 1© INALLISUPPORT STRUCTURE sAFFTY — CONNECT SVATCN ON WALL OR FIRST TRANSFORMER Q FABL-ER: 11-1 MPMIfRPw �7 c� ITEM 10 •G . q�aoxoan� C'r / J7loP1. faGi/�U,ee�- ZiA,1! letlwe/ IVIA ,uhf srl�i�td �f� - &&wv- C?6 ITEM I 1D* D. j At ApQ►nvec. D�r�} SIu�� -1a prpy�,e, _cued' l lei 4-o Ir►r�.ti►t urnrs MOORPARK CITY COUNCIL" AGENDA REPORT TO: Honorable City Council FROM: Barry K. Hogan Community Development Directo Prepared by: David A. Bobardt, Planning Ma g r w 0 DATE: August 22, 2002 (CC Meeting of 9/4/2002) SUBJECT: Discussion of Replacement of Nonconforming Structures when Destroyed by More than Fifty (50 %) Percent Chapter 17.52 (Nonconformities and Substandard Lots). BACKGROUND At the August 21, 2002 Council meeting, Mrs. Deborah Tash expressed concern over Zoning Ordinance provisions regarding rebuilding of existing single- family houses in a commercial zone if they are destroyed by fire. Her concern focused on the owner's inability to refinance the units at a residential lending interest rate. Mrs. Tash stated that because the buildings would have to be rebuilt for commercial uses, if destroyed, the banks would charge a higher commercial lending rate. The City Council asked staff to bring back a report discussing this issue for its consideration. DISCUSSION Uses that have been established legally, but are no longer permitted on the property due to a change in zoning regulations are known as nonconforming uses. The regulation of nonconforming uses must balance the desire to reduce land use planning or compatibility conflicts with existing private investments in land and buildings. Most cities have provisions in their Zoning Ordinances that address the continuation of nonconforming uses. Moorpark's Zoning Ordinance has two kinds of regulations for nonconforming uses, found in Chapter 17.52. First, certain uses have an amortization period, whereby the use of the property must be brought into conformity with the Zoning S: \Community Development \Z 0 A\ 2002\ cc020904stfrptZOANonconforming- SK.doc l I •I. 0 #'11r; I,, `a.- L.. � 9 Honorable City Council September 4, 2002 Page 2 Ordinance within a specified time period. Amortization is typically applied to uses that are either inexpensive to establish or to uses that pose significant compatibility issues. In Moorpark, uses not involving permanent structures are amortized, along with commercial or industrial uses in residential, open space, or agricultural zones. The time period for bringing such uses into conformity ranges from three (3) to sixty (60) years, depending on the use. This section does not apply to the cases mentioned by Mrs. Tash. Second, for nonconforming uses that are not subject to amortization, the Zoning Ordinance allows the uses to continue as long as they are not expanded. Section 17.52.070A.1. sets provisions for voluntary removal, damage, or destruction of more than fifty (500) percent of the roof or floor area. In this case, the requirements of the Zoning Ordinance would require the entire structure and use be brought into conformity with the Zoning Ordinance and the Building Code. The second part of this Section provides that if the structure is involuntarily damaged or destroyed in whole or part, it may be restored to its original state (meeting current Building Code requirements), provided restoration is begun within twelve (12) months of the damage and diligently pursued to completion. These rules apply to residential uses in commercial zones. Staff believes the existing regulations address the concern expressed at the August 21, 2002, City Council meeting about the ability to rebuild nonconforming uses that are destroyed involuntarily, such as by fire. No change in the Nonconforming Chapter of the Zoning Ordinance is needed to address the issue of replacement raised by Mrs. Tash. STAFF RECOWENDATION Direct staff to provide a letter to Mrs. Tash clarifying the City's requirements for reconstruction of nonconforming uses. Attachment: Municipal Code Chapter 17.52 - Nonconformities and Substandard Lots. Chapter 1752 NONCONFORMITIE.S AND SUBSTANDARD LOTS Sections: 1752.010 purpose. 1752.020 Nonconforming structures. 1752.030 Continuation of existing nonconformance mobilehomes. 1752.040 Nonconforming uses due only to changes in parking requirements. 1752.050 The keeping of animals. 17.52.060 Other nonconforming uses (no longer permitted). 1752.065 Garage conversions - Grandfathered. 1752.070 Destruction. 1752.080 Additional use. 1752.090 Use of nonconforming lots. 1752.100 Involuntary nonconformance. 1752.110 Effect of change of zoning regulations. 1752.010 Purpose. The purpose of this chapter is to provide for the continuation, alteration, conversion or termination of certain classes of lawful, nonconforming uses and structures (other than signs and billboards) under certain conditions, and to regulate substandard lots. These provisions apply to uses and structures which deviate from the regulations of this title. (Ord. 189 § 3 (8113 -0), 1994) 1752.020 Nonconforming structures. Where structures have been rendered nonconforming due only to revisions in development standards dealing with lot coverage, lot area per structure, height or setbacks, and the use therein is permittedar conditionally permitted in the zone, such structures are not required to be terminated under this chapter and may be continued and expanded or extended on the same lot provided that the structural or other alterations for the expansion or extension of the structure are either required by law, or are in conformance with the regulations in effect for the zone in which such structures are located. A. Nor>confarming Facilities for Nonmotorized Wheeled Conveyances. Notwithstanding any other provision of this chapter, any facility or structure for nonmotorized wheeled conveyances that has been rendered nonconforming by the enactment of Section 17.28.240 and the subsections thereof shall, on or before September 1. 1989, either be 17.52.010 brought into conformance or be removed. (Ord. 189 § 3 (8113 -1), 1994) 1752.030 Continuation of existing nonconforming mobilehomes. A. The use of a nonconforming mobilehome as a residence under a continuation permit in lieu of any and all other residences permitted or conditionally permitted for any purpose may continue to be used as a residence by a new owner if a director of community development conditional use permit is obtained and the following conditions are met: 1. The mobilehome is in compliance with Section 17.28.020(C)(3) and the parking requirements of Section 17.32.010; and 2. The mobilehome was being used legally as a resi- dence on the subject site on or before July 24, 1978, and the mobilehome has been so used and has remained continu- ously in place since the actual commencement of such use. B. Mobilehomes used as residences under a director of community development conditional use permit between July 24, 1978 and July 2, 1981, may continue to be used as such if no other residence was located on the subject site at any time between July 24, 1978 and the time of issuance of the director of community development condi- tional use permit, provided that either (1) a modification to renew the director of community development conditional use permit is obtained; or (2) the status of the mobilehome as a single- family dwelling meets the provisions of Section 17.28.020(C)(3) and parking requirements of Section 17.32.010. (Ord. 189 § 3 (8113 -2), 1994) 1752.040 Nonconforming uses due only to changes in parking requirements. Where uses have been rendered nonconforming due only to revisions in parking requirements, such uses may be continued, expanded or be terminated as follows: A. Expansion and Conformance. Expansion of the particular use shall be permitted if the current parking requirements for the use can be met, and the addition or enlargements otherwise conform to the regulations in effect for the zone in which it is located. 1. Exception. A single - family dwelling may be expand- ed when the proposed expansion does not meet current parking requirements, if all of the following conditions exist: a. The dwelling has at least one (1) covered parking space; b. The existing lot configuration does not allow for a second covered space, or does not allow for access to a second covered space; 385 (Momput 11.95) CC ATTACHMENT 1 C".01� 17.52.040 c. The driveway provides a minimum of twenty (20) feet from the property line to the existing covered space, which can be utilized as a parking space; d. The proposed addition otherwise conforms to the provisions of this title. B. Changes of Use. Changes of use to a similar use, with the same or less parking requirements and type of permit allowed in the same zone, shall be allowed provided that current requirements for parking can be met. Where parking cannot meet the current requirement for the new use, the required permit under this title must be obtained. In such cases, the parking requirements shall be determined to the satisfaction of the planning division and be specified by the permit. The parking specified under the permit shall not be considered conforming. C. Discontinuance and Change of Use Status. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use, or a change of non- conforming use to a conforming use, constitutes aban- donment and termination of the nonconforming status of the use. (Ord. 189 § 3 (8113 -3), 1994) 1752.050 The keeping of animals. Nonconformides due to the keeping of animals as a use, number of animals, type of animals, minimum lot area required for animals, or other standards for the keeping of animals as an accessory use to dwellings, shall be brought into conformance not later than three (3) years after the same becomes nonconforming, unless a continu- ance is granted in accordance with Section 17.52.060(8X5). (Ord. 189 § 3 (81134), 1994) 1752.060 Other nonconforming uses (no longer permitted). All nonconforming uses which are no longer permitted in the zone in which they are located shall be regulated according to the following provisions: A. Uses Not Involving Permanent Structures. The nonconforming use of land where no permanent structure is involved shall be terminated not later than three (3) years after such use becomes nonconforming. B. Uses Within Structures Subject to Amortization. All nonconforming commercial or industrial ruses in residen- tial (R), open space or agricultural zones, within conforming or nonconforming structures, shall be amortized from the effective date of this title or a later amendment which renders the use nonconforming, based on the square footage of the structure at the time the use is rendered nonconform- ing, as follows: Ten (10) years for one thousand (1,000) square feet. plus 1.25 years for each additional one hundred (100) square feet over one thousand (1,000) square feet; maximum sixty (60) years. At the end of the amortization (Mootpak 11 -95) 386 period, the use shalt be brought into conformance with this title or terminated, unless a continuance is obtained pursuant to Section 17.52.060(BX5). 1. Expansion and Change of Use Prohibited. Noncon- forming uses under the above paragraph shall not be changed to another use or be expanded or extended in any way on the same or any adjoining land nor into any other portion of a structure or lot during the amortization period, except that structural alterations may be made therein as required by law. Furthermore, such nonconforming uses shall not be expanded or extended beyond the scope of specific conditions to a continuance of nonconformity granted pursuant to Section 1752.060(BX5), and subsequent to the period of amortization. 2. Discontinuance or Change of Use Status. The discon- tinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 3. Notice of Amortization. The director of community development shall give notice by certified mail of the date upon which an amortization period will end to each owner of record whose property, or use of property, is not in conformance with the regulations of this title, in those instances where the director of community development has knowledge of such nonconformity. Such notice shall be sent in a timely manner. If the amortization period ends before or less than six (6) months after such knowledge of the nonconformity, notice shall be given that the amorti- zation period in each instance shall be not less than six (6) months from the date the notice is sent. The notice shall set forth all pertinent provisions of this chapter, including the declared purposes thereof. Failure to send notice by mail to any such owner where the address of such owner is not a matter of public record shall not invalidate any proceedings under this chapter. 4. Notice of Termination and Order to Comply. Notice of termination of a nonconforming use and order to comply shall be served by the director of community development at the end of the amortization period upon the owner of record whose property contains such nonconforming use. In time instances where the director of community develop- ment is unable with reasonable effort to serve such notice to the property owner, such notice and order shall be served within thirty (30) days of the end of the amortization period by delivering same to an occupant of the structure contain- ing the nonconforming use. 5. Request for a Continuance of Nonconformities Beyond Period of Amortization A request for a continuance of nonconformities beyond the period of amortization may be granted as follows: a. Grounds for Continuance. A nonconforming use or structure may be maintained for a reasonable time beyond its period of amortization as specified in this chapter if the director of community development makes the follow- ing determinations: i. Special Circumstances. That special circumstances apply to any such use or structure which do not apply generally to others affected hereby; and ii. Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with and not detrimental to the use of adjacent properties. b. Application Process for Continuance. Any application for a continuance of a nonconforming use or structure must be filed with the planning division no later than thirty (30) days following the service of a notice of termination and order to comply, or within thirty (30) days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with Section 17.44.040I. c. Determination by Director of Community Develop- ment. Upon filing of a complete application, the director of community development shall investigate the matter, give proper notice. hold an administrative hearing and make a decision thereon based on the criteria set out in this section and supported by written findings of fact within seventy-five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the director of community development. The director of community development may impose such conditions, including time limitations, as he or she deems necessary for the compatibility of such nonconformity with adjacent properties. d. Appeals shall be filed in accordance with Section 17.44.090A. C. Uses Not Amortized. Upon the effective date of the ordinance codified in this title or a later amendment thereto, any nonconforming use within a structure not otherwise identified in subsection B of this section, such as schools, boardinghouses, residential uses in commercial and industrial zones. uses in excess of the number permitted per lot. commercial uses in commercial zones, and industrial uses in industrial zones may continue, provided that: 1. Expansion. No additions or enlargements shall be made to such nonconforming use or the structure in which it is located, except for alterations which may be required by law, expansions within the existing structure if no structural alterations are made, or additions to existing principal dwellings and churches in residential zones, which 17.52.060 otherwise conform to the specific development standards of the zone in which the use is located. In the case of principal dwellings in excess of the number permitted per IM only one (1) such dwelling may be expanded. The height and setback standards of the R -1 zone shall apply to a nonconforming residential use in a commercial or industrial zone. 2. Change of Use. The nonconforming use may be changed to a use that is similar with approval of a city council approved conditional permit pursuant to the require- ments of Chapter 17.44 (Entitlements— Process and Proce- dures), provided the changed use is considered to have no greater impact than the previously existing use, is similar to the nonconforming use and is not considered as an expansion of the existing use. Conditions may be imposed, including, but not limited to time limitations, as deemed necessary for the compatibility of such nonconforming use with adjacent properties. 3. Discontinuance and Change of Use Status. The discontinuance for a period of one hundred eighty (180) or more days of the nonconforming use, or a change of the nonconforming use to a conforming use, a dissimilar use or a conditionally permitted use, constitutes abandon- ment and termination of the nonconforming status of the use. (Ord. 225 § 3. 1997; Ord. 189 § 3 (8113 -5), 1994) 1752.065 Garage conversions.— Grandfathered. Garages, which were converted, without a permit, to a use other than a garage use prior to the city's incorpora- tion, shall be considered to be legally conforming uses if the property owner is able to meet the following provisions: A. The property owner shall prove to the satisfaction of the director of community development that the conver- sion was done prior to city incorporation (July 1, 1983). B. The property owner shall apply for and obtain an administrative permit and building permit for the purpose of assuring that the conversion meets all applicable building codes. The administrative permit and building permit shall be obtained within four weeks of notification from the city of the property owner's compliance with subsection A of this section. The director of community development may extend the time period to obtain a building permit upon the determination that a circumstance justifying the need for said extension exists. (Ord. 208 § 3 (part), 1995) 1752.070 Destruction. The following provisions shall regulate the destruction of structures in the given situations: A. Uses Not Amortized. The following provisions shall apply to nonamortized, nonconforming structures and 387 (Moorpark 9 -97) 17.52.070 structures containing nonconforming uses not subject to amortization: 1. Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of fifty percent (50 %) or less of its floor or roof area which existed before destruc- tion, or is involuntarily damaged or destroyed in whole or in part, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the damage or destruction may be continued if the restoration is started within a period of twelve (12) months after the occurrence of the damage or destruction and is diligently pursued to completion. 2. Whenever any such structure is voluntarily removed, damaged or destroyed to the extent of more than fifty percent (50%) of its floor or roof area which existed before destruction, no structural alterations, repairs or reconstruc- tion shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located. B. Uses Amortized. The following provisions shall apply to amortized nonconforming structures and structures containing nonconforming uses subject to amortization: 1. Whenever any such structure is voluntarily or in- voluntarily removed, damaged or destroyed to the extent of fifty percent (50%) or less of its floor or roof area before destruction, the structure may be restored to its original state existing before such removal, damage or destruction. The occupancy or use of the structure or part thereof which existed at the time of the partial destruction may be contin- ued if the restoration is started within a period of twelve (12) months after the occurrence of the partial destruction and is diligently pursued to completion. 2. Whenever any such structure is voluntarily or involuntarily removed, damaged or destroyed to the extent of more than fifty percent (50%) of its floor or roof area before such removal, damage or destruction, no structural alterations, repairs or reconstruction shall be made unless every portion of such structure and the use are made to conform to the regulations of the zone classification in which they are located. (Ord. 189 § 3 (8113 -6), 1994) 1752.080 Additional use. While a nonconforming use of any kind except the keeping of animals exists on any lot, no additional principal or accessory use is permitted even if such additional use would be a conforming use. (Ord. 189 § 3 (8113- 7),1994) 17.52.090 Use of nonconforming lots. The use of land as permitted for the zone or subzone in which it is located shall be permitted on a lot of less area than that required by the regulations of such zone or (Moorpark 9 -97) 388 subzone if and only if the lot is a legal lot. (Ord. 189 § 3 (8113 -8), 1994) 1752.100 Involuntary nonconformance. Notwithstanding any other provision of this title, no lot shall be considered nonconforming within the purview of this chapter if such lot is rendered nonconforming as a result of a conveyance of any interest in said lot to a public entity through eminent domain proceedings, under threat of eminent domain proceedings or to meet a require- ment of any public entity having jurisdiction. (Ord. 189 § 3 (8113 -9), 1994) 1752.110 Effect of change of zoning regulations. A. On Authorized Uses Under Discretionary Permits. Any construction, expansion or alteration of a use of land or structures and any required zoning clearance therefor, which are authorized by a discretionary entitlement approved on or before the effective date of an ordinance amendment, may be completed as authorized in the entitlement and in accordance with Section 17.44.0606. B. On Uses Requiring a Ministerial Decision. All uses involving construction, expansion or alteration of a use of land or structures which requires a ministerial decision only, shall be required to comply with the new regulations on the effective date of the ordinance amendment. If the required zoning clearance has been issued and the change of regulation is such that the zoning clearance no longer conforms to the provisions of this tide, a new zoning clearance which conforms to the newly adopted regulations must be obtained before a building permit or other necessary entitlement is issued by any agency. C. Where the Only Change is in the Type of Permit Required. Whenever adoption of this title or an amendment thereto results only in a requirement for a different permit for the same existing use, the property being used shall be governed by the following provisions: 1. If the use affected is existing lawfully as a permitted use of any kind, the existing use is deemed to be conform- ing without any further action. Any modifications or expan- sions of the use, change of use, or additional use shall conform to this title, including requirements for type of permit. Internal remodeling or minor architectural changes or embellishments involving no change in basic architectural style shall not result in a requirement for a new permit. 2. If the use affected is under a permit that specifies an expiration date or clause and the new regulation requires a different permit, the use may continue until the specified point of expiration, at which time the permit expires and the use shall terminate, unless the applicant has applied for the required permit or renewal under this title. (Ord. 189 13 (8113 -10). 1994) 388 -1 1752.110 (Mowprk 9 -9n ITEM 1O. E. - .. I - f Z na-i� {� cam • � � c�. m %- Moorpark City Council- AGENDA REPORT TO: The Honorable City Council FROM: John Brand, Senior Management Analyst 16k DATE: August 29, 2002 (CC meeting of September 4, 2002) SUBJECT: Consider Solid Waste Franchise Agreements, and Resolution No. 2002- , Rescinding Resolution No. 2001 -1924, Updating Solid Waste Collection Fees for 2003. SUMMARY At the December 6, 2000, meeting, the City Council appointed an Ad Hoc Committee consisting of Mayor Pro Tem Mikos and Councilmember Harper to explore issues surrounding the City's solid waste franchises. At this and other meetings, the Council expressed interest in establishing an automated collection system for solid waste, recyclables, and yard trimmings. The Ad Hoc Committee, staff, and the City's two franchise haulers met several times since then to secure a new Agreement based on the direction from Council. The result is a proposed Franchise Agreement with an eight -year term and a possible two -year extension. Key features of the proposed Agreement include the introduction of fully automated solid waste collection service in 2002 -2003, more bulky item pick- ups for residents, greater environmental liability protection for the City, and a new landfill fee adjustment methodology that reduces the impact of landfill tipping fee increases on Moorpark residents. The current Franchise Agreement expires September 30, 2002. DISCUSSION The Ad Hoc Committee set several objectives for a new solid waste franchise, including: • Responsive Customer service and problem resolution • Automated collection service at an economical cost • Litter reduction from collection activities (spills from cans and trucks) ;- 4�f# C %a . Honorable City Council Regular Meeting of September 4, 2002 Page 2 • More bulky item pick -ups • Increase Franchise Transfer Fees The hauler negotiations produced an Agreement that meets these objectives. Automated Collection If approved, automated collection would be implemented at the additional cost of $1.99 per residence, the lowest implementation cost in the region for this service. The implementation plan is to convert the City to automated collection in phases. The entire City would be converted to automated collection by the end of June 2003. There would be no cost increase associated with automation until the month after the new service begins. In other words, there would be no pro rating of the increase for residents that are converted to automated service and the haulers have agreed not to charge an increase until January 2003 for all residents that are converted during 2002. Automated collection is a technologically advanced system that employs a specially fitted refuse truck. Automated refuse collection trucks are equipped with specially designed hydraulic arms that grasp, lift, and empty the special containers issued to residents. After dumping the material into the truck, the robotic arm returns the container to the curb. As proposed, residents will receive a 64- gallon discards cart, a 64- gallon commingled recycling cart, and a 96- gallon Yard Trimmings cart from their hauler. The 64- gallon carts hold the same volume of material as two conventional 32- gallon trash cans that most residents typically now use. The total capacity of the new automated carts is 224 gallons. Currently residents are allowed 180 gallons of solid waste and yard trimmings plus a 32- gallon recycling container for a total of 212 gallons. Residents may put out unlimited additional recycling containers at no cost. Very few customers currently take advantage of this. Other cities have found that providing a single, larger - sized cart increases the volume of residential recycling. The proposed carts are specially designed for automated collection. Automated trash collection is cleaner, safer, and more efficient than traditional manual collection. It is cleaner because the carts have attached lids and reduce litter and spilled material. It is safer for the driver because the lifting arm prevents injury, and the stability of the carts makes them less prone to topple and create a hazard to the public. On average, the dwell time at each stop is reduced 25 %, producing greater efficiency that leads to a • Honorable City Council Regular Meeting of September 4, 2002 Page 3 shorter duration of time that the trucks and their attendant noise and emissions are present on City streets. The new automated containers are equipped with wheels and are easy to maneuver. The benefits of automated solid waste collection include: • Improved neighborhood appearance on collection day • Faster and more efficient service • Wheels on the carts allows easy maneuverability • Attached lid protects against flies, rodents, and other vectors • More volume per container, fewer containers to pick up, less storage floor space needed during the week • Litter, spills, and wind -blown trash less likely due to greater stability in wind and attached lid • Increase in worker safety since containers are mechanically emptied • Carts provide space for disseminating information on proper disposal • Carts have a long -life expectancy • Residents never have to buy trash cans The disadvantages of the proposed automated collection system are: • Discard volume is specifically defined by the cart size. Currently the haulers have accommodated occasional excess loads. Residents may have to hold some items over to the next week if they have a spike volume of material. • Oversize items will have to be cut down to fit in cart, or removed using a Bulky Item pick up. An odd -sized item like an ironing board cannot simply be placed next to the cart; it has to be inside the cart. • If household discard volume increases, a larger cart will have to be ordered at an additional cost. Trash cart exchange from 64- gallon to 96- gallon costs $3.00 more per month, a second 64- gallon trash cart costs $5.00 per month, a second 96- gallon trash cart costs $8.00 more per month. A second 96- gallon yard trimmings cart costs $3.00 per month. Recycling cart exchange from 64- gallon to 96- gallon costs $1.00 more per month, a second 64- gallon recycling cart costs $2.50 per month, a second 96- gallon recycling cart costs $3.00 more per month. Currently there has been lax enforcement of volume limits. Extra charges are rarely applied. • The larger carts may take up more storage space. Cx..,n' rN !DS Honorable City Council Regular Meeting of September 4, 2002 Page 4 • More collection day parking enforcement may necessary if parked vehicles interfere with automated collection. • Residents may try to avoid changing cart sizes by improperly placing discards in the yard trimmings or recycling carts. Residents may request additional carts and carts of different sizes. The service cost is adjusted up or down when the cart size is changed. The haulers have agreed to allow residents to make as many cart size changes as the need for the for the first six months of service, plus one additional cart exchange during the remainder of 2003. The $5.00 cart exchange charge would not be implemented until 2004. After January 1, 2004, the $5.00 cart trade -in charge would apply. Residents can request a different level of service depending on need. For example, upgrading from a 64- gallon to a 96- gallon refuse cart would cost $3.00 additional each month. The cost of a 96- gallon recycling cart would be $1.00 more per month. Downsizing to the Super Recycler Rate would reduce the monthly cost $5.29 per month (plus the 2003 annual adjustment). The complete residential automated collection service rates are shown on "Exhibit A." Educational material based on successful automated program conversions across the nation will be distributed to all residents. It will include instructions explaining how to use the new carts. It will also explain that the haulers will pick up a resident's old containers free, and it will also include innovative alternative uses for the old containers. The old containers can be converted for many uses around the house, including: turning them into compost bins; earthquake /emergency supply storage; and even a back yard cistern to collect rainwater for irrigating your garden. The haulers will collect unwanted old containers at no cost during the first month of service. The City's haulers are experienced at automated collection conversions. They are committed to quickly resolving the concerns of residents. If approved, the proposed conversion to automated collection service would take place in ten phases, one phase for each service day(Monday - Friday) that each of the City's two haulers provide residential service. By implementing automated service in these ten phases over six months, the haulers will be able to focus their resources and respond rapidly to the problems as they may arise. The most common problems are allowing enough space between the carts when placing the carts out at the top of the curb, and parked cars blocking the carts. Typically, neighbors C �-, ,y,; � vs < Honorable City Council Regular Meeting of September 4, 2002 Page 5 adapt on the weekly collection days. The City of Thousand Oaks reports that education and public information were key aspects for successful implementation and that there was little or no need for extra code enforcement or parking citations to mitigate problems with automated collection. A professional journal on managing Municipal Solid Waste, MSW Management, recently published a study on the public reaction to automated solid waste collection. A summary of some of the key residents' responses are shown in Exhibit "B." The alternative to the proposed automation collection would be to retain the existing, manual collection system. The other major changes to the proposed Franchise Agreements are discussed in the next section. Aqreement Provisions The proposed new Agreement doubles the number of bulky item pick- ups from two items once a year, to four items up to twice a year. The Agreement raises the franchise transfer fee to a minimum of $50,000 with annual adjustments at the same percentage rate as the collection fees that are adjusted each year. The transfer fee is paid to the City if either franchise hauler is sold or otherwise acquired by new ownership. The new Agreement also has a number of technical updates. Most noticeable is the fact that each hauler now has two Agreements: one for residential service and a second for non - residential service. The reason for this and many of the other technical changes is to reduce the City's potential for exposure to Superfund liability. If the federal EPA (Environmental Protection Agency) declares that a disposal site is a Superfund site for environmental cleanup, all past users of the site face enormous clean up costs on a "joint and several" basis. This means that the cleanup costs may be imposed based on an entity's ability to pay, not based on the volume or toxicity of the materials disposed of in the landfill. Municipal governments have been severely impacted by Superfund liability. The City Attorney has carefully reworked a number of passages to reduce the City's potential exposure to liability for Superfund clean up of a facility where solid waste from the City has been disposed. Additional technical changes are made to the Agreement to reflect changes in solid waste law and current court decisions. A technical change was established in January 2002 at the time of the last annual rate adjustment. It is the way that the landfill Honorable City Council Regular Meeting of September 4, 2002 Page 6 tipping rates are calculated. The old rate adjustment formula was not based on tonnage, and it imposed disproportionately higher cost increases on residential customers and smaller commercial customers. The new landfill adjustment methodology uses real tonnage to allocate the landfill cost increase in proportion to disposal. The most notable change is in the residential landfill rate. The January 2002 increase in the landfill- tipping fee of 92� per ton would equate to a 33G per month increase for each residential account under the old formula. Using the new formula, the rate increase is only 10G a month, a savings of 23G per household per month for Moorpark residents. The new landfill formula will continue to work for Moorpark residents because the Simi Valley Landfill already has $3.00 in tipping fee increases pending approval with the County of Ventura. It is anticipated that these increases will be implemented in the next few years. As Moorpark residents expand their source reduction and recycling, disposal tonnages are lowered and the amount of a landfill disposal increases allowed also goes down in the new formula. The new rate adjustment formula is included in the proposed Agreement. If approved, the residential rate adjustment for automated collection would occur only after January 1, 2003 even for those areas where automated collection is implemented before the end of the current year. For the other areas, the automated collection rates will not be charged until automated collection is implemented in that particular area. When automated collection is implemented, the residential automated rate will be $21.41 which includes the 2003 annual adjustment, and the senior citizen and super recycle rate would be $16.07 per month including the annual adjustment. A summary comparison of the current and proposed residential collection rates is shown on Exhibit "A." The annual rate adjustment is discussed later in this report, and the full new rate structure is shown in Exhibit "G" of the Franchise Agreements distributed to Council separately. Among other changes in the new Agreement, the haulers agreed to maintain a billing system that allows for notices and message inserts. The haulers requested a minimum term of eight years, citing that it is necessary so that they can recover the capital outlay and justify the expense of new trucks and containers. The Agreement obligates the haulers to implement new programs that the City may adopt in the future. Specifically, the haulers agreed to re- configuring the commercial rates to create greater incentives to recycle at businesses and multi - family residential complexes, if the City Council adopts such a program. Honorable City Council Regular Meeting of September 4, 2002 Page 7 In conclusion, staff feels that the new Solid Waste Franchise Agreements are beneficial to the community and represent the successful accomplishment of the goals and objectives that the City Council set for the City's solid waste franchises. However, as stated previously, the City Council can elect to retain the existing manual collection system in place of the proposed automated system. The other provisions discussed in the Agenda report can go forward. A complete copy of the Residential Agreement in legislative format and a clean copy of the Commercial Agreement were provided to the Council separately for review. Annual Rate Adjustment Also submitted for consideration is the annual adjustment to solid waste collection fees as specified in the Franchise Agreements between the City and the haulers. Rate adjustments are proposed for both manual and automated residential collection. This year the increase in the July -July Consumer Price Index (CPI) Less Housing was 0.75 %. The landfill rate for franchise haulers also increased $1.04 per ton to $39.27 per ton. The rate formula factors the increases into the rate structure in accordance with the Agreements. As proposed, the manual residential solid waste rate would increase 18G per month, to $19.24. The senior citizen and super recycler rate would increase 15(� per month to $15.52. If approved, the residential rate for automated service would be an additional $2.17 for a total of $21.41, and the senior citizen rate would increase 55G for a total of $16.07 per month. Commercial rates would increase proportionately but only for the annual adjustment. The new rates would become effective January 1, 2003. STAFF RECOMMENDATION (Roll Call Vote) 1. Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney. 2. Adopt attached Resolution No. 2002- , updating the Solid Waste Collection Fees effective January 1, 2003. 2002 Manual 2003 Manual 2003 Automation Regular Residential 19.06 19.24 21.41 Senior /Super Recycler 15.37 15.52 16.07 STAFF RECOMMENDATION (Roll Call Vote) 1. Approve the City's Franchise Agreements with Moorpark Rubbish Disposal and GI Industries, subject to final language approval by the City Manager and City Attorney. 2. Adopt attached Resolution No. 2002- , updating the Solid Waste Collection Fees effective January 1, 2003. Honorable City Council Regular Meeting of September 4, 2002 Page 8 A. Regular Monthly Rate: Trash - 64- gallon cart Recyclables - 64- gallon cart Yard Trimmings - 96- gallon cart B. Senior Monthly Rate: Trash - 32- gallon cart Recyclables - 64- gallon cart Yard Trimmings — 64- gallon cart C. Super Recycler Rate Trash - 32- gallon cart Recyclables - 64- gallon cart Yard Trimmings — 64- gallon cart EXHIBIT A Automated Collection Service Automated 2003 Manual 2002 Manual $21.41 $19.24 $19.06 D. Service options Trash cart exchange from 64 to 96 Additional 64 gallon trash cart Additional 96 gallon trash cart Additional 96 gallon yard trimmings cart Recycle cart exchange from 64 to 96 Additional 64 gallon recycle cart Additional 96 gallon recycle cart E. Limited Service w/o Yard Trimmings Trash - 32- gallon cart Recyclables - 64- gallon cart No Yard Trimmings service $16.07 $15.52 $15.37 $16.07 $15.52 $15.37 3.00 /mo 5.00 /mo 8.00 /mo 3.00 /mo 1.00 /mo 2.50 /mo 3.00 /mo 15.40/mo F. Service Changes Customer may change service levels as needed during the first six months and one additional time during the first year of new service at no charge. Subsequent service changes 5.00 per request. Honorable City Council Regular Meeting of September 4, 2002 Page 9 EXHIBIT B Residents' Responses to the SWANCC Pilot Program (Steven Schilling, P.E., MSW Management, July /August 2002 p.54 -57) In general, the residents' reactions to the program were overwhelmingly positive. When asked how convenient the recycling cart was to use, 91.4% of the respondents said it was very convenient. The study area was a section of suburban Cook County Illinois served by the Solid Waste Agency of Northern Cook County (SWANCC). This area has some demographic similarities to Moorpark and Ventura County. The study area implemented automated collection of recyclables using the same size carts proposed for Moorpark. Here is the survey: If your recycling bins were full before collection day, what did you do with your extra recyclables? Throw in garbage 28.3% Place next to bin 12.1% Drop off 1.9% Save for next week 57.7% What is your opinion recycling cart? Too Large Too small Convenient size No opinion on the size and dimensions of the new Describe the frequency of new recycling cart. None Periodic Twice a month Weekly 7.2% 4.0% 87.8% 1.0% your household's participation with the 2.7% 1.8% 12.8% 82.7% Overall, how convenient is the new cart to use? Not convenient 2.5% Moderately 6.1% Very 91.4% How would you rate the program using the new carts? Failure 0.4% Program needs help 1.1% Moderate success 13.4% Huge Success 85.1% Exhibit "C" RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, UPDATING SOLID WASTE COLLECTION FEES AND RESCINDING RESOLUTION 2001 -1924. WHEREAS, it is appropriate for the City to establish fees relative to collection and management of solid waste collection; and WHEREAS, the City provides residential and commercial solid waste and recycling collection services; and WHEREAS, on December 20, 1995, the City Council granted exclusive franchise agreements with G.I. Industries and Moorpark Rubbish Disposal for the collection, transportation, recycling, and disposal of solid waste in residential, commercial, and industrial areas within City limits; and WHEREAS, the Franchise Agreements provide for adjustments to the service fee schedule pursuant to a specified formula; and WHEREAS, the City Council declares its intention of maintaining reasonable rates for collection, management, and disposal of solid waste and recyclables within the City limits; and WHEREAS, on December 19, 2001 the City Council adopted Resolution 2001 -1924 establishing solid waste collection fees effective January 1, 2002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Effective January 1, 2003, the monthly residential shall be as solid waste, recycling, and green waste collection rate shown in Exhibit "G" of the City Franchise Agreement. SECTION 2. Effective January 1, 2003, the commercial, industrial, and multi - family solid waste, recycling, and composting bin collection rates shall be as shown in Exhibit "G" of the City Franchise Agreement. SECTION 3. Effective, January 1, 2003, the temporary bins and roll- off /drop box rates for solid waste, recycling, and composting bin services shall be as shown in the Exhibit "G" of the City Franchise Agreement. Resolution No. 2002 -0000 Exhibit "C" SECTION 4. Effective January 1, 2003, the annual Solid Waste Management Fee for exemption to the required solid waste collection service mandate shall be $24.40. 2003. SECTION 5. This resolution shall be effective January 1, SECTION 6. This Resolution hereby rescinds Resolution 2001 -1924 resolution. in its entirety upon the effective date of this SECTION 7. The City Clerk shall certify to the adoption of the resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this 4th day of September 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Message Debbie Traffenstedt To: CITY COUNCIL Cc: Steve Kueny; Mary Lindley; John Brand Subject: Request Continuance of Item 10.E. on 9 -4 -02 Agenda Page 1 of 1 I'TITEM For your information, at tomorrow night's City Council meeting, staff will be requesting that Item 10.E. (Solid Waste Franchise Agreements) be continued to the September 18 regular meeting. The reason is that Franchise Agreements were not able to be completed in time to be delivered with the packet on Friday, August 30. Debbie Traffenstedt ATCM /City Clerk 9/3/2002 City of Moorpark Community Services Department MEMORANDUM TO: The Honorable City Council Steven Kueny, City Manager FROM: John Brand, Senior Management Analyst U� 1 DATE: September 4, 2002 SUBJECT: Proposed Solid Waste Franchise Agreements text The enclosed documents pertain to City Council Agenda item 10.E., Consider Solid Waste Franchise Agreements, and Resolution No. 2002- , Rescinding Resolution No. 2001 -1924, Updating Solid Waste Collection Fees for 2003. As indicated in the staff report, the enclosed documents include a comparison of the 1995 Solid Waste Franchise Agreement with the Proposed Residential Solid Waste Franchise Agreement in a legislative format. New 2002 language is underlined in the body of the text, and deleted 1995 language is shown in text boxes on the right margin of the page. This may allow the Council to note the technical changes as well as the substantive differences between the two documents. The highlights of the Proposed Agreement are discussed in the staff report. The second document is a "clean" copy of the proposed Commercial Solid Waste Franchise Agreement. The City Attorney recommends separating the Residential Service Franchise from the Commercial Service Franchise. The primary reason for this is to shield the City from Superfund clean -up liability in the unlikely event that there is a Superfund issue at a landfill containing solid waste from Moorpark. Consequently, it is proposed that Council consider awarding two Franchise Agreements to each hauler, G.I. Industries and Moorpark Rubbish Disposal, one for Residential Service and one for Commercial Service. At the City Council meeting, staff will request that Item 10.E. (Solid Waste Franchise Agreements) be continued to the September 18 regular meeting. The reason is that Franchise Agreements were not able to be completed in time to be delivered with the packet on Friday, August 30. The continuance may allow Council more time to review the documents. C: Mary Lindley, Director of Community Services Deborah S. Traffenstedt, City Clerk /Asst. to the City Manager SW Fran Agrtext cvr mcmo Comparison of 1995 Agreement and Proposed 2002 Residential Agreement FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND ,G_I.INDUSTRIES, A UTAH CORPORATION, AND USA WASTE OF CALIFORNIA, INC., A DELAWARE CORPORATION, A WASTE MANAGEMENT COMPANY, FOR SID N �tE E TIAIi SOLID WASTE SERVICES ,DATED AS OF October 1. 2002 September 3, 2002 - !_Style Definition_ Normal — - Formatted: Font: Bold '! Deleted: I i ^ - - - -� Deleted: RUBBISH -- - -� —� Formatted: Font: Bold Deleted: PROVIDING Deleted:. MULTI- FAMILY, AND COMMERCIAL Formatted: Font: Bold Formatted: Font: Bold Deleted: Deleted: DECEMBER 23, 1995 FI-AN(-'FISF-. AGREEMENT B;-'.TWEEN '."HE OF AND G. 1. A UTAH CORPORATION, AND USA WASTE OF CALIFORNIA, I-N''., A DELAWAR-- CORI-ORAT ION, A WAS"YE MANAGEMENT COMPANY, FOR RESIDENTIAL SOLID WASTE SERVICES Ilonnatt*d: Font: Courier New ",able of Conteni-s Formatted: Font: Courier New Deleted: ._...------ •--- - -- -.. September 3, 2001 2 I'h s "FF.ANC'H:_S F A(;< <FE:I,IF1. T Y. 'I'1;EEN _'HE CIT)1 OF MOORPARK AND G. I. IIID'JSTF.C=,S, A IJ'TAh. CC °.PO?h'l'.iON, AND USA WASTE OF CA- 17 C'ORN1A, INC,, A DEL,Ak;AR e, ' :'O P. A'.P I C,N, A WASTE MANAGEMENT ' ::OMPTN':',- FOR RF_SCUFIdTTAL_SCCa71) W_ SII, SI `�IC_ES_ -(the "rA_reernent ") 'r is made and entered into in the l_Ijj�L of h`oorpark on this first 1aV GL October,_'; 02, by. and bet'.-;een the CITY OF MOORPARK, a ml:n_ic_ipa1-c21P hereinafter_ referred to as CITY, and G. I. INDUSTRIES, a Utah corporation, and USA waste of California, � Inc., a Delaware corporation, a W&ste `7anagernent Company, hereinafter referred to collectively as GRANTEE for the col iect4On, trar.sportat r-,n, recycl_r1q, and disposa'_ of Sr'lid Waste from Residents ` Premises in ta., CITY.; •-- ----------------- - - - -.. -------------------------- ,P_ I -I -P, 1 ------------------------- HEREaS, the California In1P rate; W ste Manacfe.ment Acre of 1989 ("Act"), requires jllr1S!11Ct_O[1S _o reduce Qh2 aIrlouIlt of waste disposed at landfills by fifty (:5V,) percent for the year 2000 and for each ••;ear thereaft`r; and t_ho City "ol,­Wil dcclarc t*t.s irttc:atir)n of ni3l.ltainimj reason a JIr. ratPti for the. col Ie t ion, an3portat =i9n, ec 1, L i rlc , an l 11 si ' ti l of S-1-,1 i. I v3a� e; and WHEREAS, Article X:, S 7 of tae California Constitution aL1t ,crize� cit es e� I: oiPct t IP o.ibli.- health find safer -y her _ _ _ -- _ I.a1 r1C men u:'eS Ln furthe-riin e ihei.r authorLt ' o'�'F?r O .L %P a[id _.. - -- -- -- --1 _ . — — - Ce - d sar, tary matters; and WHEREAS, P_lblic ?.e.sourcc Code y 110 ^--Dq cr.ovides that l i f 141 st ? ha t ll 1 1Q of i:n} cn,,Prr, in 1 um— but.. are '.1e not (im:tel tr =Pqlr.ncy of i illP.Ctl:in, ruler ot co' Iecti()n and _ tL 1> r rt, e Pl GL rL' rr., I,3" c riltl fP.P , and ndt.l e ilc atioll and C X _t,I.t of pre. , _'1i11.j Sc,11' l r /dc, t ? serv_! c S, and w }1i ?t }'tGr tti@ SE'rViCn` ,3`_'e. `G lit. L'GylCa' V o r it r ::1 I:. IT(EanS vi r. .1 XC1u3 'E, , part ialiy e'XCilis.4ye or ;: }.C_1'•i C-Xclu: -Lyc- franch_se, contract, f SP or - oth': - WJ "hick may 1,,, ;rar:tEd l:y l a]. cxovernmert undo:- "erin�: "ad c:or:d''rio_ra 1)r: ::rii r(j k,v th=e gove rr irtc body_ of _tire local agency; and ... vilEF Tit_e 8, CnantPr 36 ,t the } oor :irk M.lni al '.GClr .r_1CiF {1, $,' c.t t.t:r 1,a_i1L,L'n11 C.,nS-itil._lOn and blip Re )uIC. 0 s d0 a '( 5y1 lrlr c.- ,I thoriZC s ......t 1f• C C 1 C OL1noil tG .al.lyd Orle or more __:in his' -S --or _11-: c l:eCtiJ n ref Solf'_i Waste in 'ho City of NIc orr -4rr; _ind September 3, 2002 Formatted: Font: Courier New Formatted: Justified Formatted: Font: Courier New Formatted: Justified Deleted: AGREEMENT BETWEEN THE CITY OF MOORPARK AND 9 G.I. RUBBISH I FOR PROVIDING RESIDENTIAL, MULTI - FAMILY, AND COMMERCIAL SOLID WASTE SERVICES% Formatted: Font: Courier New Formatted: Justified Deleted: THIS AGREEMENT is made and entered into in the City of Moorpark on this 23rd day of December, 1995, by and between the CITY OF MOORPARK, a municipal corporation, hereinafter referred to as CITY, and CONEJO ENTERPRISES INC. dba G.I. RUBBISH, hereinafter referred to as GRANTEE for the collection, transportation, recycling, and disposal of Solid Waste in residential and commercial areas in the CITY.% r Formatted: Font: Courier New Formatted: Justified i Deleted: RECITAL Formatted: Font: Courier New Formatted: lustified, Indent: First line: 1" Deleted: WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ( "Act"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions and% Formatted: Font: Courier New Formatted. Justified, Indent: First line 1" Deleted: WHEREAS, California Integrated Waste Managemen 1 Formatted: Font: Courier New Formatted: Justified, Indent: First line: 1" Deleted: WHEREAS, the City Council declares its intention o(. Formatted: Font: Courier New Formatted: Justified, Indent: First line: 1" yiHEREyS, City is oblict_;ted to F_ro ,,,et the public health and Safety o •"ho _GSidE nts of the City,, of MC)or �aYl: ar_d arra-m)- :!M011tS mad., by soti.d wasto enit :�rp i.sos for tI,. e c.o lection c,f. Solid Wastes should be rn,de ir, a manner. Consi st('ra w t.h L lie C :Xcrr-.i.se �.f he , ityws o'l ice rC;Wtir for t:. }'I c: prc':f ctic,r: of r.,ubl ic: hei' t_h hnd safet:•, , an;:: Title 8, Chapter 36 and applicable L. I t e r e t r e: 10 y l c r � := r: i t: h i n t. ) ; c. C: i t_ •y o f ia11EP. AS,- C1 v and GRANTEE .,1 e mindful of the pro` isior:s c,.f -he laws ao ernina the Sare (,:'l rc tlol , transport, e C' lr:q. lr:d dls1�c�sal of Sc J Waste, �l :c udin�x AB 93`?, the ??esosree - enser•✓aI- ion acid Rer- „very A,- r ” .P"RA" 42 U.S. -6901 et seq. the. t omprehen 1 r . Fn 'i r onrre It.al FP 3UO _:Se, Cnmp f-� csa+ or ar,d Liability Ac= ( "CE_.(CLA 42 U.S.C. §§ 9601 _mot . q. -- and tht: Carponter - Pres—' ey- Tan.ner Ha?arC'.0US Substance Accriunt ACt - ("11SAA ") e,J at ^a1 :forma Ilea th F, Safety Cnde §§ 25300 et eq. and WHEP.EAS,_City end GRAIJTF;F_ de3LrC' to .leave Ilo doubts as tr 1he_r rP.s.P c t ve r es an t: m.a ke, LL clear that h)y enterinq lrt.;. th s q_eemer`._, rit: / LS not t:h ?rohy t.,ecc) l .n,j enera or" .lr an "arranuer" those Verms .are' used In tie- CCntPX' C_' CERCLA y 1( 1; (3 . Unless City .iire T , -he wise, GRANTEE, a, nd not ''it,', Will r. e._eC't the tr:,nsfer station, 1aniJfiil Or tranzSforrration tacili:y destination, GL tle non -re yciaible Solid Stiasto lit 4 C }1 GRANTEE :eil- collect and C14 laic nGt, dtid by -his :\urc,r,rr, rut cis nc t Ln struct. C ?P,:1 . ;F: w;n i i_s : u i l on met hods, nor supervise thc, col.lectiun of Sol.: A Was l :c', and n,o,'cinq in his rPPmenL �r o tier a ion of tie �'it l 5 ia11 bP c n t Ltied ,:o p_ace _ _ _ 1 l t .P to S lc } was ::P 1.-i .] , hrd an Deleted: NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:j I SECTION 1. GRANT OF EXCLUSIVE FRANCHISE.1 I ...... Section Break (Continuous).._.. By this Agreement, CITY grants to GRANTEE and GRANTEE accepts from CITY an exclusive franchise pursuant to Title 8, Chapter 36 of the Moorpark Municipal Code ("Title 8, Chapter 36-) as it may be amended from time to time and California Public Resources Code Section 40059(a)for the collection, transportation, recycling, and disposal of Solid Waste, and for providing temporary bin and roll -off drop box services from residential and commercial customers within a designated franchise area. I 9 SECTION 2. TERM ,j 9 A. TERM AND EXTENSION The term of this Agreement shall be effective on December 23, 1995, and expire on December 31, 2000. The CITY, upon the recommendation of the City Manager and approval of the City Council, may extend the term of this Agreement for an additional three WHEREAS, the City wou' d n^t enter into this ;- ireement Jlt."I u. 1 lr jl 't_rles, A Utah C1CaC1Cwr, and USA_ Waste Of al f )Isla, 1[ l,el 'bare or( rtit.ion, A Was P Mala'emecit GI D IPA', 'n llr:_e: s a, arEr c `,Ri NTE rG ld °d a (guar art` in tl'e — �— �— �- -. --� � --- - . -- _- -.. _ � i Formatted Font Courier New IGrm et fortt. in '}: F3i` -' "T' :,ncJ tl:°_ l 1�Y.1trY, 3 a material _ _ _ _._ �F .:._ .._,._ ormatted: Justified lI c PI' P1 ":t anti (7c. :er = 1 'C: '�� t }:P ..1 %,' to e[1 ?r 1r:ri? t_r °_ r' .0 r e t. t:._ I: t, i S and deliver - _ t h ,, C u3 a rt y IJ t o ' Deleted: Any franchise granted pursuant to the provisions of this a C; r y e to and be bound. L y ' t S t C r: rr.S ' a P. d Agreement may be considered for extension by the Council pursuant to Title 8, Chapter 36 and applicable L. I t e r e t r e: 10 y l c r � := r: i t: h i n t. ) ; c. C: i t_ •y o f law, upon the request of the Maori ark r'here I S are I ht_ 7, or 'rlh.i )1 :jr(- Slui. ai ?le "or ;'' GRANTEE, in the same manner and _ to 5 tlno f a :r 7 it and t :iF � °cre Soiij riti�te rest _ - upon the same t po terms an conditions as required by the provisions of this _ exported f r o- m T h e C -i t. _ Agreement and Title 8, Chapter 36 for - obtaining the original franchise, except those which are by their terms y ;IIEP.EAS, City anci CP.ACTEE have t reviously entered into expressly inapplicable. The that certain agreement enti _1<)d "FP,A`I _'7ISE AGREFMEP T EETWEEId THE GRANTEE shall make a request for 'I "Y c F MC'OPPA: <f: AND CChEJOE- NT=RPF_ =SES, -I ",- d.L, a. C.= RJEiFISH franchise renewal not later than nine (9) months nor earlier than eighteen AJi ;.1 . Ir1lDUS "' : ?IEf5 FCI% P< )V.l1)1N V I 11:1P.L, MJL,'1`I- E'A+M1.LY, AN.) ' (18) months prior to the expiration of V the franchise. ¶ ..._... _____.._.__._.__.__________..._ September 3, 2002 '-OKMERCIAL SOLID WASTE SERVICES" executed on Decceruber 23, 1995 Aoroement") ; and City nd G=ANTEE desire to arrer,d the 0--i i-Lial Ag reement and to restate, z:upersede and replace the Griql-nal Agreement with Agreement; and G. T. 4.ndust-ries, a Utah Corporat.ior., and f3SA Was-e 01-7 Ca 1: i f r 11 14,E!, Inc., �i Del---it-;are Co r p c. r a 1- i o 71, a W Hanagement Comcany nave the respoiisibility and ClUal Lficat.lor.s, to conduct recycl in�.j programs and to niaxil *1 'n.. sc�n w-'t1,. City's Solid Waste generation rates) , to ass Lst City tr acnl? -..!c: then-reqi red di,,7(,,r-s ion gq a i s, and L-0-- col Lect, safely­ t ran sparl. and dispo!F'e of Solid Was-.-e In a manner w-tich wi'l mir.i-nize —ule. :adverse Pffects of co-i-ection vehicles on air ­rjuaiity and traffic and wii-1_protect, and has the abillt tv carry out it.9 duties to indtjtr_ it fy qf Z Y against liandlity -under (-',Ei--tCLA wh. Ch Ild"JILt arise under this Agreement; and YJ H E P ---, AS , t. C:j t C c, -,i n I of c - the � of JMoorpark ar.d finds pursiair-. to CaF forr-da PtAdic f?---,source.s Code i on 40059(a) I tie dun I c -L ea I t h s.atet.� and well- bed ng i n c I i,. J nC , the a-.dversp im or. air qua' iry an, tr;zt ic frcin _.exce-ss--,7e ri-,i mbers o co I e= i on ve.h cles, a n d in an ettort to •ffora pr(-;Vect:iOi-. of the cit aq,ainst CERCLA lial-Ality an,.J, re-'atti-A c= airns, and to achieve or exceed state-mandiatei cloals for So-'id Waste, requi re tha- G. I. Ird"Llstries, a Utah Corporatior, and USA Waste Of Cal _ f ", r, n i a, I ric . a I je 1. a w "- r e .Cr) po ra I- i 0:1, a 1ftldst() M a -I a q e rn e n v. COT'11)arz1r, and r--Larl •_`s And--'rson Sea ''Sue 'Sue I r):--: A Ge. i i (-, r a 1 dn;': iv.-, b �� i.,� i r, �-. s.,3 d Mlo,-�rpa urr: b ar,.n,�rshjp, C 9 '3 it --Iwardcaij ccntr-j(-.1-s 1,.-,r coo I i cn, recycl t -,9. in tnec t• 10 N' , T F. E' -- 2 E, F C P E , T I i :-:' P A-,< T I E S L. (3 R F, E AL, FOIL—''11S. -* - SE,-TTC,N 1. GRAN-T (")F By S .7\ C1 r. e e. ri c! r. I' ear t. an•J 'J'PANTEE 4: rom C' f Y n exc:..usive I r'n ri c 11 k'-_l' S ti a n L e 6 .36 of- -:Aie Mocrl.-.-ar- 8 Cr e r p. av -;e -Jed fro- time -r) ti-me ar.d (ali-forn-a Puhiic a fi i rri, amen, m Re.. 111 C e S CoAe S, e C ti n 4 (� ,a1 for t r. e C t r �.t rl S , Y-) t Zt: 1 C. n , U (� (2�"(: I I, r. 'J Q I -A 3 D � S Q 1 C f L', 0 1 i d W a <in(j for 71 erc-,.ridiriq t(�mparar,,, 'il at rol 1 --:4 r dr -op box" Sorvices f r-oin R C. S 'J'-. r a t i a I P -- C, r, -L' e-d Franchiss-2 Area. :'al ec t- j cn c - and Waste I.-v a I i c: e ri Seplember 3, 2002 Formatted: Font: Courier New Formatted: Justified, indent: First line: 1" Deleted: B. CONDITIONS PRECEDENT The obligation of CITY I to permit this Agreement to become I effective and to perform the undertakings provided for in this Agreement are subject to the satisfaction of each and all of the conditions set out below.1 ',Formatted: Font: Courier New FFormatted: Justified, Indent: First 1 line: I" Deleted: 1. Accuracy of Representations. The representations and warranties made by GRANTEE are true and correct an and as of the effective date.1 Formatted: Font. Courier New Formatted: Justified, Indent: First line: I" Deleted: 2. Absence Formatted: Font: Courier New Deleted: Litigation. There is no litigation pending on the effective date in any court challenging Formatted: Font: Courier New Deleted: award or execution Formatted: Font: Courier New Deleted: this Agreement or seeking Formatted: Font: Courier New Deleted: restrain or enjoin its Formatted: Font: Courier New Formatted: Justified Deleted- C. EFFECT ON PRIOR AGREEMENTS This Agreement supersedes and terminates the Residential Agreement dated July 1, 1990 between the City of Moorpark i and GRANTEE for the collection, I transportation, recycling, and disposal I of Solid Waste, and the Commercial Agreement dated July 1. 1991 between the City of Moorpark and i GRANTEE for the collection, transportation, disposal, and recycling of Solid Waste.j ----Secbon Break (Contkwus)----- SECTION 3. DEFINITIONS.1 L221 i n 9 contractor p e 2: f c. r rr. i ri q work w i- T-- h i r, the scope c. f the Formatted: contractor's licenso (e.q., removin,',, art old root and installing a Font: Courier New new Ot-Vir""J - - �) r I e a s-�d by the-c.,),rit.ractor, and Forma Formatted: Justified, Line spacing: 11.5 . : not 1-through a Sol W waste I—Sc-, 1 s not wi thJ n the scone of '..Exactly pt .1 Formatted: Font: Courier New 1 t-h i. s Aqf-eerrient- . Co 11 ec: t i orl of Ya.,::J TrA.-IlMirLO-S L-)V a landscaping s 111 e. o i tiler 11. o vv, i e c i r ie r e -1 r, the co n t- r a t:.o r , acid 14 Formatted: Justified not t]Couch i so I id s rot w1ithin the sc. c-f Deleted: A. "Act" Mall mean the this Ac;reemenl. C,-, I i e c t i n or Ila za raous Was t e and Medica i Was California Integrated Waste -.,q i I h il th Management Act of 1989, Section 1: Irt n sco pe of this _ Agreemetnt . GRANTEE aqrees `.hat i40000atseq .ofthePublicResources this Agreement is an "exclusive franchise" as zhat z-errn is used Code, as it may be amended from in Public Resources Code § 49520. GaANTEE ackr1(.)w1cdqes that City tlawto-time. Also sometimes referred tr, to as "AB 939". 1 has entered int-o a long-term disposal agreemen-- with a sister I C." 'VII)aLy of GPAI•.*'rE;-,, and accepts Cj --y's se1ection of tLe sister B. -Bulky Items" shall mean and 1i include, but not by way of limitation, Company's 'I a n. a s C 1'. e s o s a s i. t o_: for dlsposd.. of :-iCrl- discarded items such as white goods rec-vcial-le res.Jqual s o 1, i J W a s L e (i.e.. Major household appliances), water heaters, furniture, fires, carpets, mattresses and similar large items SECTION 2. TEKH, which have weights or volumes greater than the capacity of an allowed covered container, but A. T'�'l P c ere ri se. � v 1. cps to t.-, e prov.',ded excluding construction waste and -TERV. ------ -- - --- --- pursuant to shall I)egir. on Qc!:ober 1, 200-, al-ld a j special waste. I E on Deceint)e r. 31, 2 1 (.-RAN7'E---"1 s duty tJ 1:11n -wide I "City in tempi. fictit. i.on ShaLl SUrVIVe tn , er-d cf the :Derlod during which C. Limits" shall mean the boundaries of the City of Moorpark, as co I -'ect ion so ry -`-cc s are t o of December 23,1995, hih boundaries are shown by maps • B. EXTENSION The fITY, _upon, the recommendation. . of th;F.a incorporated heroin by reference in Exhibit "A" and which are on file in the City Manager ;-ar. d approval of tY. City Council, ezpressed by office of the Clark of the City Council.1 writ.ten may ext.end the period during wnich coilec*.-ion Formatted: Font: Courier New - - i i ded purl ',ia n- -o th Aareement for services are 0 ce-- -Prr;v ------ - ro a ional two f 2 years. GRA, -EE may tare a r e r Fo d: us fi rmatte I ti ed f r a , i r.- h i s e tenPval r, t inter than ri re (9) months or earlier Deleted: D. "Discards"shall mean e �Kp 11: nt . I eighteen '18) mor.t.h-9 or to the ation of the Aqreeme all putrescible and non-putrescible ------- 1 waste materials which have been - -- - - - - - - - - - - - - - - - - -- - -- - - - - - - - - - - - - - - - - - - - -- - - - - - - - abandoned or discarded and placed C ON —Pl CEDF.'T! b I 3a i. c : i o f C I T to for collection by residential or pe rTLi t: this Ag r e e men t to 1-�ecc-me PL t e c t e a nd to pertorm commercial customers including all 1-i,,:de- ta k i n js provi �d for in th, Agr ecivcnt art� suz� ect to t:!'e trash; refuse, animal feces� food t a c t, I'. On C-acJ, 'arld '111 C, 11• .� L i U waste; waste paper; garbage; household goods; ashes; wearing apparel; and all worthless, useless, c. 1. r a C: V Ur R e r c s --` n a Sors. _1t•' r e c, re t1a t, Of', S i unused, rejected or cast-off solid or n: 'war rj i t. i, r� s rtad;.'. t: V ANT FF". are f rur! �. i J r- . semi-solid matter, including street i sweeping waste; construction waste; I.,, as a V t- I- 2 e f t- P c t. V e Cl a t- e and any other material not otherwise defined in this Agreement. I (2) .-Absenl-ti. of Lit --rTa ion There is ro : Formatted: Font Courier New pe; ri n rT or. t he, e t t ec t i ve �Ja t e <ar"y -co �A-r Formatted: Justified :e .(:!rd '�r execution -,f th--*s, Agreement I Deleted: E. "Franchise" shall mean or s��Iekinq to rres--rain or en"ir-iri its the exclusive right and privilegw (1) to arrange for the collection of and to collect, (2) to transport to a landfill or D. EFFECT ON PR-•�R ACREEFIENITS This Agre&-rtent zzup r eles i other licensed disposal facilities as R C- id it i A-i erncnL da*-ed D mt&r 2-3', 1 6 d determined by CITY, and (3) to t)et-,,.-eer, t he C i �-i r k aria 6RAN-1 f-:"-: I o i t, I, e co t : ect: or, recycle from collected Solid Waste all r a -i s r, o r t a c, rt 1 C C. 11'. �J zt: � pos 1. of. c�o- d 'fi�- S Solid Waste kept, generated an or accumulated within the CITY from the Franchise Area. This Franchisf- _ r4l September 3, 2002 Gr,'n?r lad lk Ir?'ntrC.t: ddt.2, t7ecPn1)F?L' % ?r 1 19 1 "t./PPn t_lEe ,` ty of Moorpark and C:trHNTEE for t :Ie c0. e.0 *1011, transportation, disposal, and rc,r:`;cIin:I of So] i.d uda-te, e:xceht that the provisions. of those prior agL:e(—ment.:z; by whic l GRANTEE a reed to Lrotect, defend, indemnity and hole, the City harmless against CIc, ras snail remain ]'1 ef1F)(:t C'EC`I'ION 3. I.-)F "-- .1N- TI(7N :. :whenever ariv -8, —:.E tern used in !..c- reerr,a-nt has been defined I i t.` e C at, 1 h or r.y ) Lvi. inn 3C, Par!- i, Chi. ter 2 of the California Public Resources lode, the' definition in Title 8, hapter 36 or t1.e Public Rr of Lces Code shall anpl unless the tPrm is de.til-ed 1 7 r - hi'' 1greeirlen zi.s tCilGid A. "AB 939 Fec„ means the �e:e .r ascessrrlent. i.mr)osed by the ClT't oil i RP% TEE -o r'ecov-, r : ost.s of irripl- ernenting the Act and admirisI- er:ing t.hi - s Ag Pemer,t, - -- - - -- - - -- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - B. A :`.1; cr ��rii_; 939, " means 1..he C;a.Ii.forn a Irtegrated Waste Manaaemei Act of 19691 cc;uified in _part at Public Resource_ C. -de §5 1J C'm er: J 7 it riav be amended � from Lime tG [Lute d[ld as irit'AelnenLed by the rec.`.11ati.ons of _.._ i._h_P _ 1as_.t- _e h ._a.na — P.n_.t- e— n — Board, ... of - _ - -. Lts succ- es.4or I, C. "A P_e.mer. -n -nears this Franchise L`.creerrtent ra lred by City to C .RANTEE. D. :"Applicab_e Law" 111can5 a:ly law, rule, r'eg'aleti0r, re.11lLL'E'lllenr, Clld +'`l. :riG, IiE :r(!it -, aCt.l! =•l, d•'. ?f.E.'rr'naticirl or or -de I' Cif ar1V GJ`•yerr1R :L t7t_aI Body haL -1n•4 - 1UC'.iSJi -C:t- 0r', l`Pl] .at 1P t: n rte o ;.imle to t :he services t.; b Crov L .i8.1 .�, l rSU'1I1t. `..c t-h'.I /1 :.1 r-: em E-. n _; 1:.1 P r)r`E r I, P ............ Assets; 11E sit:-11g, cbf.si -jn, acquisiticm, permitting, constriuc,t on, F'•xtl_�'I .I1', fi1,aGC -nc', owne sni , Possession, ; haKedc""'n, tE stinq, cpera%icn or `naintenancir of any of tho Oporating Assets; or aIl', other "ansac::_cIn or "rlattC-1- contempl" :c-d hereby (ir:CludiIlg any of tLe n forego_ •I rr=,ict1 `curl. irn t:ealth, safery, f ire, nvi.rorlm -�!nta1 prrLc Lr l _•n, abC? relations, mi - _::1a* ior] cades, nol7_i SCr Cll ,at L )Il and t.f,r a`rfI PI7t of I`u I1 Lmt1Tl /ngPa, all's fl rttlPC I n il; :� Rg the _ e Cc)cie and -he I— ours_`, 7ntrarared Waste Man3gemer.! Peal :. E. , "Bin" rreans i container ;caned by GRANTEE an^ provided to a Cernmercial Service F :ecir' :i : :r :t or Residential service Recir•ier,t: for -:Ile _:ollecti ^n of Solis. Waste, } avina a September 3, 2002 Formatted: Font: Courier New Formatted: Justified Deleted: (2) Requirements, reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of this Agreement, including payments of bonds, consultants, administrative expenses, attorneys fees, security funds, letters of credit, insurance, indemnification, penalties, and liquidated damages.% Formatted: Font: Courier New Deleted: H. "Grantee". "GRANTEE" shall mean G.I. Rubbish, the entity granted the Franchise pursuant to this Formatted: Font: Courier New 1 Formatted: Justified, Indent: Left: 10.3" Deleted: I. "Gross Revenues" shall mean any and all revenue or compensation in any form derived by the GRANTEE, its affiliates, subsidiaries, parents and any person or entity in which the GRANTEE has a financial interest, from the collection of Solid Waste pursuant to this Agreement, including, but not limited to, monthly customer fees for collection of Solid Waste, special pickup fees, bin and drop box rental and collection fees from residential and commercial customers, revenue from the sale of Recyclables, and fees for redelivery of bins and drop boxes, without subtracting Franchise Fees or any other cost of doing business. Provided, however, that the amount of gross revenues may be reduced by the amount of any residential a 5 Formatted: Font: Courier New Formatted: Justified, Indent. Left: 0.3" Deleted: J. "Recyclables" shall mean source separated paper, newspaper, glass, aluminum ark Ibj Formatted: Font: Courier New Formattedjl Deleted: K. 'Recyclables collection container" shall mean a container, bin, or ( —raj Formatted: Font: Courier New Formatted: Justified I Deleted: L. "Recycling" shall mean the process of collecting, sorting, cleansing, treating, and recons q capacity of between one and one-half (1 •t) and six (6) Cubic yat"'s. Formatted: Font. Courier New "B-,i I ky ltcm " rnf ans and i ric I Licies, bill t bN7 wav of limitation, di-st-.arded ,.,1-ich as white 4,,:iods (i.e., Ilia or household ap �_l iano­es) wa�--(-,r heters, furniture, tires carpet-s, ir-atLressps art,-, similar- .large items which have weic!rIt-.-s--o�r volurnes 4L .ati&r than the calDacitv of . an allowed covered containpi:, b 1-it. excluding const-riiction waste and special waste. Fur the pi-irposes of this Agreement a set of a mattress and box s,,:)rir.qs shall he G. "Cart" means a plasi-ic... conLainor owned iy GRANTEE and i:, r C., v i d ed t a Res! dent id r v � ce R e c i p i. e n L s for e col lectio,,L of Residential Sol]-i Waste, ha,­.nq a ar,acity r 7 ,r between thirty- __�-_wo 3 and ninety-six_(96) ciallons. ­­­­­ --- - ---- ------ H. -'Thar-le, in Law" uir2aris arty �)f the following events or conditions which has a material and adverse effect on the oer-for-nanco by th(i, parties o= their 1-espe'et ive- rbI i .:I a i o, I:,: uride- r this A,.1 I* e c. rn e n L excep*- for payment ob' i iia i on!s) or on the siting, de6 iqri, p e r-m I: i n -g acall S,: i 1. on, UC I_ i Orl, f i rianc­nq, owne r i n, p E, r a t l.on or maintenance of the OFerati ly Assets or p­rovidinq the ­ 7 --- ----- — - ­ - ­­ - ----- - ­­­ - ­ servi,7es nescribeo in t�his A-greemen-,, 0.- (,)7:hPi: ma tern to which AppLicable Law a-.)plies: (1) , The (mac,:inent, ado-D,:ion, promulgaticn, issuance, rrt,;,J i I j c a t. i e:, r i , —1D r w r tte,rr change 1 n any 1 aw, o r'.14 i I r, !1 -- e or a dm i I St. r a t i V e or �, iici a I J rit:�I-pre'..at. on -I-,ri or af,!.er the P fe,..:tive ca*.tzL,"t of t'i' s , ArrP.IIPIt an y Aj (2) Tne� ci:cer 7;r o� iriy governrftPrlt clGericl cn or Fitt.er the etterti•e data (7;r this Agreement, to t.hrl exft2nt ordc-r j--idgment is not the result o,f: willful r:,r error oi- or lack or c.. ci i I i )orice -,-.)-F th(� Ci t,., o: of o'-c.ur,-,ence of a K-) w e ki'Ft r I- h a L Lhe on i. r,) it :god f- o] f a 1. ki t (I I 1 ciood -1-rAit--' t.10 'any s1--:--,n ordei- or 1.1 d' me r. t s h a i i not COilStitl.lt.P or be (7;r n t-'q 1 -1' r: t c t I o 11 17., r r 0 r or om 1 S 3 10- n Or _3r)• (7) diliacrice; Cr September 3, 2002 I Formatted: Justified Deleted: M. *Solid Waste" shall mean, but not limited to, discards; yctables; bulky dams; yard waste; raencyor all of which may contain small amounts of consumer products with I the characteristics of hazardous substances: excluding special wastes as defined in Exhibit F (Special Waste).1 jormadetkFont. Courier New Formatted: Justified Deleted: N. "Temporary Service" shall mean collection service which is provided on a non-regularty scheduled basis. Temporary service also includes all commercial service and residential service requiring the use of a roll-off or drop box, as defined in Section 8.36.040(D) of Title 8, Chapter 36.1 Formatted: Font: Courier New Formatted: Justified, Indent: Left: 0.3" Deleted: O. "Yard Waste" shall mean source separated materials generated from the maintenance or alteration of public, commercial, or residential landscapes, including grass clippings, tree and shrubbery trimmings and prunnings, vegetative cuttings, leaves, brush, weeds, and related compostable materials only generated from property of customer. I Formatted: Font: Courier New Formatted: Justified, Indent: Left: U*J- Deleted: P. 'Yard Waste Collection Unit" shall mean a container, bin, roll- off drop box or other container, approved by CITY including size, used to hold source separated Yard Waste placed for collection.1 I SECTION 4. INCORPORATION BY REFERENCE.1 I Exhibit A, describing the Franchise Area; Exhibit B, outlining residential services; Exhibit C, outlining commercial, mufti-family, temporary binfroll-off drop box services; Exhibit — specifying vehicle and equipment standards; Exhibit E, specifying reports required; Exhibit F, describing special wastes; Exhibit G, providing the service fee schedule; Exhibit H providing the rate adjustment schedule; and Exhibftl,descrr —rinj (3) The denial of an a,,>plica::icn for, U(IlaV -IL r r,v i c w, iss iancc or r or'F.,wzil cf, or s u s p e r; s --' o r ti*-::rT i .I:, :n ter rt.p*- i on iMf)OS,". Li `)rL Of iieW Or I,! C. s I- r -. 171., 3 C! f It C: C) [a I col t 11 t.he nnec.-ioii W. S SU "nc','' renew'al lu're of issuanc' or 1'enewal 0t7 dL:.E-[ he Eiff(:(-t-LV(- '.Iatt? Of tl'TiS J*S-jre?'Ileni- a 'I V 1 C, a a e n P r t- the o x * e r. t t- h a L such :Pnl a e* S t; sper.s i on t e rrr.-4 nat -4 or, int:Prr 111:, t_ 4 on, 1-TLP.0S--*'iC�-1 cr If u r e -n a t: e r i a ally. a d -.,7 e r s e 1 y i n -: e r f e r e s w --' t: the performanc• of tflis Ag r e cm e r. t , if a r) d, to :he e x -- e n r that such denial, dc-lay, suspension, terminatiorl, interruption, i.,ripositi.o:1 or is :lot fhe resli-it-c-f willful or- ne-gligent, action, err-,,r or orn.ission or a :-&-.K of P a s,:, r I e di 1-i q e n (-: e of 1-1 h P__C i t_y_ c, r of G R A N r E E w'lj hever is asserting tjje o,.,currence of a Chan l-le in Law;_ provided, no"aever, t��a- the contesting in clood fail-are in or ------ -4- 4­ --- - --*-- --- ---- * - -- faith to contes'�_any SUCf. -de n al, de lit' /, S U spe n S i On, t e rm i I la t i o r , n t e r r u-,) t - c. ri, i n, i p o t i c) r i or faiLire -Shall riot b(3 r :is - -L'I -w i 1 f u 1 or neriligert a Ct4 -P u or, r " or i s� of reasonable d: li)ence. o r e --z i )' t o r a September 3, 2002 t y" mean he tl of r r k, r r.j a rr.tjri i. c,* I.-;a I corLoryt 1. on, rt(, I d i !g_ '-JneM-orp.ar± Redpyeloprient. i J. "C' ty -'acilit - me art s, anv 1: -,1 i1cinq or other site o.wried, leased or u-ied requiarly and significantly and the space thereiri occ.upied by morf, :ihan 71• percent by C-MP10VC-C-S Of I Formatted: Font: Courier New contractors of the C--'tv or the Re development Aaencv Of Formatted: lustified, Indent: Left: Ole. City, an <a (:-.Xclud, -2s IA.C'se. Y)":'rtions of such faclli.--des 0.3- -_r Z3 r-j I I he i Deleted: (1) The Franchise Area granted by this Agreement nt hall be all K C I t I i ni i t 3 M t�-- a 113 t 'i e h 17 e S 0 f' t he "-:10.y --of cuff ent and new residential and commercial premises within C; 3 r i ) t Ja n f.ia r 1 2 00 2 b rj 1-, n da r e s are - s h ov; r. b -L i C S 1 I C- 0 - A herein r e t P r e n E i r. Exhibit � r i Formatted: )ustified, Indent: Left: 0.5", Hanging: 0.3", Numbered + A' al,d zi r e- Or, i iF.- n the office Of E, C i t- V Level: l+ Numbering Style: A, B, C, 1 k + Start at: I + Alignment: Left + Aligned at: 0.3" + Tab after: 0" + Indent at: 0.55" L "C f y I a ) 0 r I e y -! = I r) j h CJ L Formatted; Font: Courier New :1 Deleted: area identified in Exhibit "A" to this Agreement. This Agreement M (,, 1. he 4 fn r r i. rj Fnv i r -- •rtli-ellt a Q',j a I i Ac I, also applies to all City owned and cco'i t ieJ a t :521000 et- Sic-"D. rl s Deleted: Redevelopment A -cy g S+'Ipp rse-d �J, and the re-,julatioris_ pr':;-Ti111q_ated owned premises included In the Franchise Area as defined in Exhibit "A" the �400rpark ML1:11- :: F:.+A Cede, Formatted: Font: Courier New Formatted: Font: Courier New September 3, 2002 I Formatted: Justified :Torcur.ercial Agreerrlerl`" Iriearis tile. AGREEMENT BETWEP4 THE' Deleted: (2) Territory annexed to LL T V GE' WIORPARX AN F" G INDUSTRIES, A UTAH Ile City shall be added to the Franchise Areas granted by this C 0 R PO F\'AT1 ON , AND USA WAS F CA L I FORNIA, INC Agreement pursuant to City Council DE LAINIAR F, C 0 1-1, P 0 R A T I 'AN , A W A T F MANAGEMENT COMPANY FOR resolution. CITY shall not adjust the HUL'1'1-­'AM-1.Y AND 30j II WASTE SERVICES, dated Residential Rate in such annexed territory before the next annual rate OC t of ' e review is scheduled. Customers in annexed area win be distributed P. r� orrrercial Eremises me a:i s 31' p remi s e s i n f-'t cons isten with the poviso ns of y Exhibit A, Franchise Area. ct .i er than, Residcritial Prc�rr.i ses a. s: ce r i ri e d i n tills Aq reerte Tit, b'_l t exc 1 -, id i ri q bu s irie s s e, s racer v i n u Cart e rVi Ce SECTION 7. CITYS OBLIGATIONS I S Formatted . . . . . . . . . . . . . Q "Cr.mme ro i a 1. Sc)' id 1?1aS t e rtea r)s 5(d J Waste qerie ra '.ed at Formatted: Font: Courier New Deleted:. Cooperation W R "Con, a iier" mearis a rc,­J'- -o f f dro;D box or Cart "Lft—ttd- Font: Courier New • I Deleted: I F_.. [1.31 S. MC'& 11 S t I E_- exc u s v e I Formatted: Font, arid pr:.vi1cqer` 000tierNew 4 the Fraric h -sti, Areei: -4 Formatted R41 ,2- r d:lye. t_.C) C:01Ie':L. Deleted: C. Administration 4 5 for 1-he co� (L' f� 1, i d Vla Formatted: Font: Courier New Formatted ... 16 _L2 -a t r' "Id[: I I or o tie r s-O Ai ' iit"es as dFtermined CIT Y r� ' c y Formatted (3) 1 e S o I i d Wa sr. c ,,Formatted: Font: Courier New J Formatted ... figi This Frarichise is sub-*ect tO all C.f 1 Deleted: GRANTEE shall fu ... 1201 -a,-IJ to ar,,y rights f Formatted -1 C: -Y aljy :;t 1: 1 i d IV., - s t. e e ri t: e r 1) r 1 se any, "'�Formatted: Font: Courier New Old 11 r t.S p�l rsljr� r:t. t-) P u b t. L--, .4 .... ... Formatted f221 Deleted: A. Costs For Prep Formatted, Font: Courier New T r Fi r. C.-I se r e a Means a area E �-stablishekl by r -tior Formatted: Body Text 2 CITY u r z� u a:-i t t o -ihi s Ag feerner, )r the col - e( t r _, ri t -i t i q , L:id �ii Spf-)s a 1 0. f Sc 11*1 d Wa S t 0 Deleted: B. Management/A( .. j2_4j_� Formatted: Font: Courier New a �S S 0�3 SM pe) �i c., d b U rLar.t _:'J 1 �jc Fco" I- I' FCC r- T� t._. i,rq Formatted U S e 0 1.S 's t. J t L" s a s GP. A NT F':. Tir'- 1 f I-T c h i Lee" C, es r r I 1::a 'Dleted:, C. Supervision. Formatted: Font: Courier New A r-. �iX S k' SSIlle 11 t- yer.er :tl 1 Formatted F..T2 -7 r'PF'.I.i'_­l)i ity" nC' 11CJ.i n"T a I s u -c h tax, Lee, r -tad:. 0. ubcontractorsF. [2811 De�Wted: d -1 -P.At,`T7E er e" Mel impose, ri rc-1. b �.i -9 1 ri e ss P s and C I - i r se ry _-' cc, s but rO i i ric 1!,idi riq a -_;IX, fee, C September 3, 2002 10 ass e s smier, t wF ,.ich is --ndu discri-rdratcry against Formatted: Font: courier New GRAN—E-E or i - s customers) ; or Formatted: Justified, Indent: Left: 0.3" (2) i r,'.iner,.,_ s r-.-, 1 lilt). I s, charges or' .7 1. _t:--, L Z , -- I Deleted: F. Office For inquiries And incident. to =the �•var:Jii:q, a d:ii i I -. L s L t_ r i r; a , e r f c, r c J n(1, . I , Complaints. GRANTEES office hours P r re!"I i] :l s, P. r e (-. I e n L , �i -, c 1. u d i n g t 1 shall be open, at a minimum, from t r a ns f- e.wEi of I : 71% 8:00 a.m. pa Vaien-L of )ords, c-on s j I t an t s a dir, J'. n i s t r a �i v e L __ - _ - - - _ Formatted: Body Text 2, Outline e,X crises, attorne � I s rees, sectirity f unlis, I e t e rs If" I numbered + Level: 4 + Numbering of credit, 1 ris uractF rnr. ri,�, nde i f icat 1 r;ri 9 e, , yl Style: 1, 2, 3, ... + Start at: 1 + and liql_-.i dated fd;ilfta(.JC 3. Alignment: Left + Aligned at: 1 "+ Tab after: 1.25' + Indent at: 1.25" lilt V "Grantee" means G. I Industries, Inc a U t a h-l- Deleted: offica, fisted in the telephone directory In the firm name CO rp c r a t i r, r i "_ n J USA W a S t (:+: to f Ca _. i f c) r n i a , Inc. a Delaware '0c by which it conducts business in CITY, company., I and shall during the above referenced corporatir)ri, a "Kaste Manacleriert oil days and office hours have an employee at said office to answer W . `,Toss- Re v e n u & s means -- a ily _ and a I L revenue or Y ;i, inquiries, receive complaints, and c o rnp e n sa t on i ri a ri y form d r r b�j GRANTEE, its provide information about residential and commercial collection and a f f a--t- s 11 b S i d ia r i e S _p Fi r e n t s__ _ and _ .an y F, e r s c; rL or disposal services and programs. The - ------ fill, entity which GRANTEE has a financial interest, f roin hall be a toll-free I portions 0, this Aureer-terit, telephone number s the Collection of Solid Wastc, Pursuant t number from all includ:.rx, but rieit liatited to, morltlfly CUJto-ner fees for j "04 Formatted: Font: Courier New resid ,, 1, 1, :orrote r;-_- ia 1, , an d t: : ripc, r a r c o l e c i o ri o f Deleted: 4:00 p.m. on all collection days, excluding Saturday and Sunday S ,, id Was-.(" spec-'. al pl,crw,�:- ces t-?:.ri and d-_­ap bo:� rental 1. SO I "I' and CITY approved holidays. The .a ri n I e t i r, f e P s f Lon R e s i d e n I. I a I SP c- e :r e c P n L s I" GRANTEE shall maintain an office at .1 ome III ed I a ion easily accessible I-evenUe. from the Sa I E� of Re. c, - c .. a- I e. M a L e r , a.]. s and -1 m cc I ----- - from CITY and shall maintain a Recvclable SoLid Was-e, and fees for redelivery_ of bins f.,If telephone at ca na d r o r, nozes, nu, ex c _'l icl i n r.7 t: h e I a n d t i � I s h -, r e c) .' t h e Formatted: Font: Courier New rcsidentiai roll- off drop Vc�: rcvc.n-_ie, w i t'--i (.) u t It 4 Formatted: Font: Courier New subtracl-i-l(i Franchise Fees or ar:y other C 0. s �: 0 f doi rig business Provided, however, that: T:he amount of q r r) S S Deleted: the CITY. GRANTEE shall provide an answering service to rever.Lie�s imay t-'c: reduct�.J 1�y *-hc ar%our­,� 0-- any res-.don::ial receive complaints at all other times or,(-, r t�ad j w,> I- - n,.-. 1 j r :: e,,i by G P. Ir, NT E;�,' or ,-finds and an emergency telephone number that the GRANTEE can be reached at re . (I r ri e':1 o r- s z_le r, i I mi e, r.s , r, o v e,.d t�IaL 1. h. e 24 hours a day. An employee r vF! v e. u e w S C I, e r e s lei? i. n t 1,­; d i r. the r New 7- Formatted: Font: Courier I r o s s i e ver r 'D s S P. f V e r 1.1,��s sna i r)e i A c d C c: I" I a t 1 n ac I- k? r d'a r: c.-r_, I C;e n e r Deleted: the GRANTEE shall be pte available during office hours to Ac C. 0 U r. 7. i I 1 1: 7r e I _r e S • communicate with the City Ma,= .. 29 H a s 141 s t o,ll �..,iS*_C., rlall��rials or- inixt.k.re, of Formatted: Font: Courier New I X a r a Formatted: Justified _7 wa s r. e s a el t i n e -I as "hazar-d,-;us Stile stin ce" or " I 'A a -_ a r a o u 9 . . .... . .... wliste" to tne Resci�rce C,7;r,,5e__­vaticm and Recovery Formatted: Font: Courier New A 4 r 1" S C V! Deleted: Service Complaints. Complaint Log and Complaint[ ... [301 Ccm[�-; r e -1e. r �i i v r, I- nn rr.,�� -a I R e :z; S e C; ml L.-, Pr, s - a 1� o ri and Li--11_�i 1 Act: ,E Rt.-A "), 42 U.S.— §-Y -9 •1 o Formatted Cit rperi r - P I c-y-T--irte r H_:tzard,:�,_is ;3l_,.bztar1cr, Ac=_irit Act Formatted: Font: Courier New c o J i c i c-d a i f c, r n i e �-1 ca I t 1, r , S c. t y l,0 9 e §5 Formatted: Justified, Indent: Left: 2. r) e r -i i I f ii t t.i r e amendirents t,:; any c)f their.. 0. 3" r; r J e f i. F. El a r., Y t: I E .-I I t (7; r ri i a ntcr ited W F, :3 t: e Deleted: (1) General. GRANTEE shall be responsible for the prC. __ September 3, 2002 Ma'naq eme. 1: 4: Board W 1. C: r e e r e is a Con f 11 c. t in G. t 11 P- FF.—ttd* Font: Courier New def in i -- ic!-is emp 1 oyed b y V110. r more a 2-enc i es h a v 1 ng 4 Formatted: Justified, Indent: First Urisdict or (-)ye r or Solid WasL,4, line: 0' "haZ61r-d,,L'1S WeIS,C-." Sha11 b(I I-G ha',•e thfe b�oade'r' Deleted: (3) CITY Review. A more -'.-,cwripa ss i r.cf dt'' i ri i.'- I on • customer dissatisfied with GRANTEE'S decision regarding a - - -- - - - - - - - - - " - - - - - - - - - - complaint may ask the CITY to review Y P111 W 's � e :jeans ri te a e r rE- d a s P d i c a 1Baste m the complaint. To obtain this review, S f in Hea. th & _y_ C.,-),-Ie Sect o n 11 9 01 the customer must request CITY review within 30 days of receipt of GRANTEE'S written response to the Z :'V --11 t i - Fam i 1 y Premises" rrc;lr,.s a re.siderltia I property complaint, or within 45 days of 1i av i r. g two or more units, including apartraent houses, submitting the complaint to the cc-1dorl-iniums, or mob i I e I c. ia e parks. Mult'L-Fami I y GRANTEE If GRANTEE has not responded. The CITY may in its sole Prein.ises mov eit.ner Cart S.ervice or Bin Ser' vice. ± discretionextendthetimetorequest 1 its review for good cause. Before reviewing the complairil, the City AA .," 0 P, E-- j� a i r s f L� meat 3 a . L real and pere k7.)nal. proper-tv Manager or his/her designee ( ot an- kina, is ownel, eased, Ira rlac'.. -(;r 0 Urlder contract, to GRANTEE to r vid-ing -the Formatted: Font: Courier New Formatted: Justified services described in this Agreelment, inciiidinq without C r: t a i ne 2: s , (4) imita�ic, the facility, vehicles, -.zansfor Deleted: Customer Contact Logs. The GRANITE stations, maintenance and storage facilities, iraterf-als recovery facilities, c orripo s t i n q faC4.litieS' I Formatted: Font: Courier New I a c ; I j '. 1'. S , and u t hr� r eqt-ii prient-, Formatted: Justified, Indent: Left: 0.3" mach 1 ne y,- �:,a r t s, slippl i es .id oo I s Deleted: The CITY may conduct orn sample of the GRAN� - - - - - - - - - - - - - - - (351 BB.T"Rat�e" Me an s t, h e. c ha ,e ;:.o 1 -1) 1%)-.s oli. e, r f (, r S Eif V c '::5 , t : r.rovided by GRANTEE as specitieo in t1--e Aqreprkient. Formatted: Font Courier New Formatted: Justified, Indent: Left: 0.39 cc.:'Recc-Vered, Product" means Roc',--laible Solid Wastes that are recovered 1.V GRANTEE for r,'2cyclinq, reuse or resale. Deleted: H. Complaint Reimburseme ... (361 Formatted: Font: Courier New a commod i L v apfi 'Ied as, "Recyc-Lable Material by t zh c- "loorpark Mi-'Irlicina-' Code. Formatted: Justified, Indent: Left: a 1 t h;i t has b e c- r. s c a r d t-2d, i r. t �,) t--he, 0.3" i- Deleted: (1) Remedies. The Cty r c s i d2n t i a 1 wc; t c. s t r2 a m h 1 o s f L, ch.Qract c r a S i>: Manager or histher designee .. �E c Ha -- e r i ;i I d 'la: becorrt^. S c, I j J` W t- c s U b cc: 371) Formatted: Font: Courier New f Formatted: Justified, Indent: Left: 0.3" E E P, S, c71: vas - P rr'-� a rl S sour c':� - SE P a " e C- d , - I , Deleted: (2) Quantity Cispuiel� r. e w s aper i �-s il[Lin�ir And bi-me: r, 7 r da -a the event of a dispute eL -erl .. 138 211astic., 3iliky I-,errs, j7,nj rua -,er"al - ha. : is 1.3 C. , I - __X Formatted: Font: Courier New e c t i o n In r� e, s e C ra r t,:� r ORANTEE Formatted: Justified, Indent: Left: 0.3" o :.J 1,95 1,. C-nLa i rier Deleted: (3) Property Damage. Any - -, physical damage beyond 3� en a -t�r V C 'W.�Ic "f'A[,TFF, and r; r-,)v i J-*.::--1 t. P;,.s ic ld by -L- I k_. --i p i P n t :zi f- (- r c) c 1. i r, L e!H:1. r. 1. a I P, e I a e Formatted, Font: Courier New pac i, F i (.I �W a �z- h a i ,,3 a Formatted: Justified, Indent: Left: 0.3" an r� i_1 .3 i 9 alil 1-1) ri s . Deleted: I. Customer Information.% ------ -- - - September 3, 2002 12 J0,""Res id r :al Solid Waste" means Solid Waste generated at,/ H Formatted: Font: Courier New GGJRocyclinq " means the process of collecting, sorting, Formatted: Justified, Indent: Left: Q eansina, treating, and reconstituting Solid Waste and Recyclable Solid Wastes that would otherwise be disposed Deleted: (1) Notification of as provided by thLs AgreemerV, and returninq them to Procedures. The GRANTEE shall I the econc-nic, mainsLream in the of Which ch 1 C s fumish customers, in a form and i manner approved by the City -1 -2- ineet he aualitv sLandards necqqsqoy_Vc_Ve usol A the Manne, W Me GRANTEES -- ---- market_ •lacA. expense, at the time service is started, written instructions of the LL. Sinale-Family Premises" means a separate residential e procedures for Solid Waste, HHJResidential Agreement" means the AGREEMENT BETWEEN THE I R-yding, and Yard Waste cq .. [4 CITY OF MOORPARK AND G. i. INDUSTRIES, A UTAH Formatteit Fwtv Courier New COPPORATION, AND USA WASTE OF CALIFORNIA, INC., A Formatted* Justified , DELAV.1i,kRF CORPC�RAPiON, A WAS'IF MANAGEMENT COMPANY FOP Deleted: ---- -------- -- ............ 4 Z� RESIDENTIAL SOLI) WASTE SERVICES, dated October 1, 2­2. Formatted: Font: Courier New - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - I I jttt'd ep L ji. A Premises" mear Sinqle-Famil,/ Premises Formatted: Justified MUl ti— FaM7 iy ice or reqyQng Cart Serv� tem2orar Del.bed73) O;ce Hour Sy _Premises roll'of F-ok t-mbdraky- Win— Service and all 'he ...... places `Formatted: Font: urierNew CCO receivinq Cart Service (includinq temporary roll-off or 1 Formatted: Justified temporary Bin scrvicn. Deleted: (4) Holiday Sched ,,, f4 J0,""Res id r :al Solid Waste" means Solid Waste generated at,/ H Formatted: Font: Courier ew RusidenLi al Prumises, E Formatted A- - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - -- - -- - - - -- - - - - - -- - - - - - - - -- - - - KK.j§ejijepV a I Sery i y kegLEVW ye--, n s a Res i den�, i al- F Formatted Premises Mat receiyes,jand Waste ZQiection s,�IZ�ices f f Fo tit : Font: ourier New by the fit, to provide the . . . . • Formatted: Font: Courier New • &IRANTEE, LL. Sinale-Family Premises" means a separate residential e eted: & :hope rry havinyl on: jivi%q unit. F Formatted: Font: Courier New Deleted: collect the Sol n!L. MM "Solid Was e" means those malerAls deK ned as S c, I i d A w Formatted: Font: Courier New waste V § K911 of ihe Cali - Deleted, GRANTEE'S busing WAS it 11, - Formatted- Font: Courier New NN "Temporary Service" means coilecnion se rvi ce that is F Formatted providoi on a non-ryuLyrLy scheduled basis. 17emoorary 0 1 1 Deleted: (6) Billing. Fees to(- s e r V v, s0 inc l,-1,-1C, S comme r C ia I S C. r -v i C e a nd F Formatted: Fo - Courier New residenkal service re-jui r : m; QC LISC M a roll -off or drup box, as defined in SeMlou 8.36.040HL) V Cle --'3, F Formattei.— L Deleted: Formatted: Font: Courier New nn H'v00 W"Oypl -it i­ - ­ '� -rma-- ne cnnsiaered hazardous in certain circurrsTidr�-_Ps, thar is Deleted: bLC=l Whod 61 Title 22, Formatted: Font Courier New Section 66273. 1 et _s e of the California Code of Regula--isns a; d by 40 Code V Federal Reguia�,ions, Part iFormatted 4. Deleted: (7) Customer Ternf- September 3, 2002 13 September 3, 2002 13 PP 273, as any be amended_or superceded by applicable state and federal reaulations "Yard Trimminos" or "Green Wa6ne" means a form of Solid Waste composed of leaves, grass cl±pings' brush, nranches and Mer Mims of qL ;an jc natter gene_ ared f-r om ns parri!..ed f.Ut other Forms of -,mber. "Yar, T r ai- includew noiiday trees �iZ- i �.i d. - n but not -, I i m -4 t e d t 6001si��-,*ah TAK and Hanukkah bushes. -Yard TxinminW 4 4 1 A K d4 A 4 A ohs non Inc. u c SLUMPS or ran,_ no e-we .1 es 1, (4") in diameter or four feet (V) in length or scrap lumber whi(-r, woes not fit ir.to a Yard Triaviings Cart. Yard 'Iriawiings does, not include yucca, cactus, palm Liheated I r, . and other materials that fraDd , wressu �� ratec i �i nbt are no aitable for composLing. QQ.,,, ,.a mri-incy Cart" meapy container cyned 4 _j _p i a y t i c GRANTEE and provided to Residential Service Recipients for the_temporary accumulation and the collection of Yard Trimndnus, lliaviriq a capa,,::-Jty of between thirty-two (32) and rinetv-sii (96) ciallons. SECTION 4. INCORPORATION BY REEERENCE. Exhibit A, "FRANCEISE AREA"; Exhibit B, "RESIDENT:A! SCOPE CF SERV:CES"; Exhibit—A—" 'ES'RV-D";Exhi>in C-1 "RESERVED"; FaY dt b, AND EQ j IPM EN T TAN E,- "REPORTS"; Exhibit F, "SPECIAL WASTES"; Exhibit G, "SERVICE FEE SCHEME"; Exhibit H "RATE ADJUSTMENT SCHEDME"; and Exhibit I, "INTEGRATED WASTE MANAGEMENT ACT 10PICS"; and Exhibit 0, "GUARANTY"; all dated October 1, 2002, we incorncraLed into 0-is AlveHmAy 100, -------- ------ --- ---------- GRA' E!: t-0 bc, t.)oun by', ,na comply stn, i.iii the leggiremyny of Titif 8, Chapter 36, of the Code and this Aureoment. GRANTEE wai vcs GRT-,NTEE' s right to challenqc tnc,- tears of nhis Aarunme"L and TKIc 8, QaMyr 36 uNder federal, Style Or local law, or administraL ive ro.1 11 a Jon, as s u q h, laws and I a n s e x i s n a s O1 t )P J a t � P Z� L'I t. r c>( 7 -s by QTY,and GRANTEE. GRANTEE wa i ves L jvjveL, jf,q;y,,jjrho _o Clam --C-ITY Or 01_2wrr _01. nhe CITY gRANTEE Tay hay updq, any ptior tranchise, ypntract, Hceppq ar, ppylit issued or aranted nv anv qovernmental entity, Lnc.udinq any tight under thEF.- Public Resources Cado September 3, 1001 14 1, Formatted: Font: Courier New Formatted: Justified, Indent: Left: M3' Deleted: (a) Payment for residential services rendered during a particular month is payable to the GRANTEE by the twenty -fifth (25M) of the second month of Me service pimiod.1 I Formatted: Font: Courier New . Justified, Indent: Left: Formatted, 113" Deleted: (b) N payment is not received by the last business day of the second month, the GRANTEE will utilize the following notification procedure to apprise residential customers of the final request for i payment prior to termination of service. A notice shall be mailed first class, via the U.S. Postal Service, to I the customer stating that service will be discontinued If payment is not received by the GRANTEE within seven (" up from the Atis that the customer notice was mailed. I For commercial customers, if payment 0 not received by the last business i day of the one month billing period, a notice shall be mailed first class by I GRANTEE, via the U.S. Postal Service, to the customer stating that service will be discontinued N payment 5 not awSH by the GRANTEE within seven (7) days from the date that the customer notice was mailed. 11 (8) Late Charge. A late charge penalty of $5.00 may be charged to delinquent accounts per month. Such WW charge may not be assessed prior to the mailing of any notice of discontinuance of service. Upon payment of the delinquent fees and any late charge owed, Grantee shall resume collection on the next regularly scheduled collection day.1 - - -- _Section Break (Continuous)._ -- (9) CITY Notified. The GRANTEE will notify the CITY, at least once per month, h mmq regarding customers who have been discontinued and of persons within the Franchise Area who are not subscribing for Solid Waste collection services.1 J. CITYs Right to Change Sd—rgw Formatted: Font: Courier New 1 Deleted: (a) a description of the operational modifications that will be required to implement the Change in Scopa;j (b) an estimate of the amount of all Costs to be incurred by GRANF—j�j SEC'TIC'id 6. FR.MjCHISE '%REA. A. °r.anchi.sc: Area Pcfine.d. (1) JIh:e_Franch_s _Area_�_rtir -Levi by this, Aklr.e_eme -:t shall to all current and ne:a esidenti.al Premises within the area identified in Exhibit "A" t0 this Agreement This A(i ei-raen: also applies to all (-i_tv- 0arir2d 3[1C O <jrpaiIC a—edeyelo }".merit Agency -owned Residenti_il Premises included in -,he Franchise Area as defined in Exhibit "A" (2) T r!:itory anne;: cl to -he Ci` -y not within the servi :e. area of another sot.:).!; waste enter rise snal l he ai °ed to r. he Fran hlse Area granted by phis Aareemert nur=uant o Ci e Council resolution. CITY shall riot adiust the Residential Rate in such annexed territory before the rIe >:t arinual rate review is c'sredL,10d. Custom,_rs in annexed area will be c' locatod in a L•i_lnr':?r ccnsis -ert with the E:royis_ons +lca. SI "CI10N CIP`i' A. Coc_peration with C;RA:d'PEE. CITY and GRANTEE shall cooperate to ;.;erform nrograras required by th—'s Agreement and to accomplish—successfully the goals of the Act. As directed by CI ^Y, and subject to SECTION 8. GPAI•TE:, shall implement other I:>roa ac,s as liste`ei in the L "'Y'V' SOlir''E: RP uct -on .end Recy .1i.r:g Elenle:nt (SRPE„ an d Ilouse:IoI -d Ha.Iarcl:)u 'Vlaste =.Iement (K14.V7 ), as t h? ;' it i ' to ariie.nde. "I From '.: 11'ie t: t l r.° L': CC m L I arCe l 1 `.:ll _Ile Act. B. lnlll`h _ze Sol_:l : ^Jr ;te H,11le_";i P:lrinT the -err`.' nt this Agreement except- ir, in t :nCeS or breach of =his nreerr.ent, it emergencies, or as provide:i in Title 8, Chapter !6 the CITY will nGt iss'1c3 a perl:lit to any ot.,,er p @rsOrl or firm to ccl_ect Solid Waste Cri(,in.atincj on C,r acc,jria;lated a- Re-sidential 'rcrn JS`�S, in he E'r :I,:.hse r +rea. PJc)rhinq in tl I o shall. L) e :OrIS1 :r'UCCI tc. prol;ihiL. arty hi rd, c, arty i:arri or - .aa(Iinq ir) eC)I.E?e:t:.ioIn c I a h I M -i}:er at', nS P. yc .ar)IF? Mat.e - La S art e or-iTodLtie, r.:),.- S 1} to t ,is lgree -rent. C. A ministrat -or; c•f tt:is Agreerer:t. Admfnist-ration �f eac.n of the crovi.. ions this A Y_earr.ent cn the Part nt tt-:c itv shall be vez --ed with the City Nar:ager . Seplember 3, 2002 15 i ? Formatted: Font: Courier New Deleted: In addition to the information described above, the GRANTEE may also propose other modifications to this Agreement that GRANTEE ibelieves would be advisable or I required to effectuate CITY'S directive.) 1, Formatted: Font: Courier New Formatted: Body Text 2, Indent: Left: 1" Deleted: (3) CITY Review. CITY shall review the proposal submitted by the GRANTEE, and may by written notice to the GRANTEE propose changes or modifications to any part of the proposal. The GRANTEE shall respond in a t:mety manner to any proposed modifications. Such modifications may include revisions to the cost elements of the GRANTEE's iproposal.¶ .n (4) Implementation. Upon agreement by CITY and on the final proposal of the GRANTEE, revised to reflect i modifications proposed by CITY, CITY j may direct, and the GRANTEE shall undertake and complete, the implementation of the Change in Scope. The rates permitted to be charged by the GRANTEE shall be revised to the extent provided in the final proposal, as accepted by CITY.1 n (5) CITY'S Right to Undertake Change of Scope. In the event the GRANTEE and CITY are unable to agree on revisions to the GRANTEE's proposal relating to the implementation of the Change in Scope within a reasonable period of j time after conducting good faith negotiations with respect thereto, CITY shall have the right itself to undertake and complete the Change in Scope. Such work may be performed by CITY employees or I CITY contractors. In the event CITY j elects to proceed under this j subsection, it shall provide notice of its election to the GRANTEE together with a description of the manner in i which CITY intends to proceed with the Change in Scope.¶ �A SECTION 9. FRANCHISE STANDARDS FOR COLLECTION AND OPERATION.¶ 'n GRANTEE shall maintain vehicles and equipment in accordance Formatted: Font: Courier New Formatted: Indent: First line: 2.5" LECTION 8. GRANTEE'S OB--iGATIONS �3 P , AN T E E s h . a _ ' I f Li rn i s'-1 S o I J d Was Le services to all Res- ,1ential Service Recipients subzs,:fi.b.nq for Re.sident.ial Solid cogs___ , U - .+_.t.011 d - — I U - (,'Ll - a T I v s �. e u e .:n 2: ­ — W ..' , . Franchise Area -is s 1. ,.11) ed t. () G R A I'Tr,." F R Ps i d e ri t i a 1 S..-) 1 i d Waste col *section sprijices shall t-.(- jr. acror,iarce witrl t-he Code, laws of the State of California and the County o-f Ventura, ai-.,d C: I C: I,, S S F.. _'v tons- o--f, any_ C tne r Le_ ulat0 r bod or agency having applicable ,SdiCtiorl. A., Costs For Prenaratior, Of This Agreement. GRANTEE sha" 1 reimburse CITY wLt]-dri thirty (30.1, days of receiving CITY's 1 rivr, i c e, for " i t. s Staff t. i me arid for City` s At to r-neys fees a rid st-s and otLer oilt. of ;Dockelcosts_plus 15*, incurred as a restilt of S!eyelorpinq --his A�j�_eemen::, in the -ot-ai amount of $5,000 For 1111is and anv o-her concl;rrent AcIreement I-,etweer, CITY and GRANTEE. B I-: aq erren t / Adr[d n JL s t ra t _4 c, n G RAH T E E shall provide the ri e c e s sa r v managemenli and a c i i n --' r. i s t r a v e personne' w1'lose C'Xoertise will assl'7rc efficient c.l:teratiori of zhe services herein s' c e C i f i, e d . Deleted: A. Time For Collodion. GRANTEE shall collect Solid Waste within CITY in accordance with Title 8• Chapter 36.1 Formatted: Font: Courier New _matted: Justified Deleted: B. Holiday Schedules. Whenever a holiday falls upon a regularly scheduled collection day, the collections scheduled for that day, and for the remainder of the week, may be picked up one day later than 3cheduled.1 Formatted: Font: Courier New Formatted: Justified Deleted: C. Frequency Of Collection. The GRANTEE shall provide for not less than weekly collection of Solid Waste accumulated at a residence or commercial premises contracting for Collodion when Solid Waste is prop" placed for collodion on the day of collection.1 Formatted: Font: Courier New (Formatted: Justified September 3, 2002 16 t t I : e r I a 11 t S 0- -1 117 r_ C V C c, t-olne rs C. On.—GRANTi"I.: .9'nal 1. ass�fl i ndid ` Ci u a I L 'D Deleted: ..................... st,pervisp th(- r)P17:-orm--jr.ce of- t: }1P servi..-:es herel.n. s--ec.i fied, ------- e-) f ;1 D. Entry. GRANTEE shall not unduly enter upon any property beyond the d,,irinrl ali hours of the extent necessary to coiled the Sol id 1,, 3 ness a,yj__ o make clecisic)ns arri coorrlina�ie with the CITY as Waste property placed for coliection.1 ------- --------- J, Lc : 11 U�.)' I L. 11 e r i L V cot.r_ C: I C: I,, S S F.. _'v va I Formatted: Font: Courier New .r be operated in a manner which results in undue interference with normal j,,,,,Formatted-. Justified D. Subcont r actors. GRANTEE shall be directly f Deleted: E. Traffic And Noise. The spo isible for all. G.?AN-,E'E'S sut.conLractors in GRANTEE shall conduct operations wit'h '.heir ­erf,)rmance GPA.*TT"_;'E1S as so as to offer the least possible obstruction and inconvenience to 1­:%:� ioe"i 11 N. t. t H B, C n e e s t.� r e 11 �i a public traffic or disruption to the peace at-,p.j c:.d.)l P j�.rov,; s c,r:s )I, Agr eeriert are M"t. d s t. r ni.i -, e r.,ta 1' i n - i s ts ";i t h and quiet of the area within which t, 1,. . .. acres , I r. d 'i del r :0 z� s e f c,-i o : hers. e r S The r i r, h t s ; i cc; o 2, ri e d - __.. - — - collections are made. All collections C U Ir. (. r S C: 1 J r S _1 � I r. C) s- s s 2 C, t i shall be made as quietly as possible ';RAFTE7 s na I stric- tiv observe �A r. and shall conform to Moorpark Municipal Code as it relates to noise.$ September 3, 2002 16 t t I : e r I a 11 t S 0- -1 117 r_ C V C c, t-olne rs i den t� i fyiniq i r,.,i 1 c.-is t omerss- f) -1- t h'e �_olap�)s i t _or. or cc;r.t ent: S Formatted: Font: Courier New e-) f ;1 �_-1_1 t orre) r' S G 1 --',j W'-1 s � c. : }1a 1.1 no f- be r c.v ea I erl t- c, a., i per 30n, Formatted; Justified ,I () -V C r' T-. 1,1 C 111_ 0 ',1 C I X, 1"i )an r cit. aq (�., r i C y, c) r qjLL�� " Deleted: F. Operation of Collection J r:1 .6 J, Lc : 11 U�.)' I L. 11 e r i L V cot.r_ f or �.ipon I& I)v s,.atu!_e, Vehicles. Collection vehicles shall not va I d a ki 1: h,,) r i T. ion h" -�jst_­n6�r. scat no;:: be operated in a manner which results in undue interference with normal C:ons t r)" Pd t") C rare p r 'F... a r P.a I r n�U traffic flow and loaded Solid s s s t i n,,i in the. v, r e -,)a r a t r. of (7. h a r ra C t 4:? r z a t. or. s t tic i F-S Formatted: Font: Courier New o r ...,as:ie streaiv, arifal'-ses i.)e to corrn'v .,,it:h AD 7 -- - ---- Formatted: Justified .5 9. G 7� A N 7 E 17" s 11 e� I. c, mar t r; r d s t. r ni.i -, e r.,ta 1' i n - i s ts ";i t h ( t, 1,. . .. acres , I r. d 'i del r :0 z� s e f c,-i o : hers. e r S The r i r, h t s ; i cc; o 2, ri e d - __.. - — - . Deleted: G. GRANTEE Liable To I — ; Clean Debris. GRANTEE_!�a� Q7 C U Ir. (. r S C: 1 J r S _1 � I r. C) s- s s 2 C, t i o,. �, S', i a e. in iA i( ;:'1 t -) a n y Formatted —WA, September 3, 2002 16 other. privacy right accorded cust(?:ners pursuant tc Federal or 'Formatted: ormatted: Font: Courier New Staze. law., Justified F. Office for I nq u i r i and Complaints. GRANTEE ina in r. a i ri s o f i;--- e lours f _r o rL 13:00 a.m. to 4:00 ni on all . . ....... . . . ca I . ec-L ion days, e Xc ild S i t- i i r-1--i and S u rid a y anti CITY a p proved holidays. GRANTEE- shall maintain an -,:o f f ' c e at some fired location easil a - c e s s i b I e f rom CITY a n d shall ma i n t a in a telephone ri-urribe--, listed in thie telephone directory in the firm name by which it conducts business in and shall during the above referenced days and office hours have an employee at said office t o a r. s w e r i r i q u -4 1, i e s , r ec e 1 v e crimp I ints, and provide -irf.orma.t.i,21', about. --eside-itial t:--ollecti -r-n and recycling services and programs. -----"'he telfphe�-rie number' s`Lall be a toll-free number f ion_ ail 'rtior.s of the_ ('1"Y .--------RANTEE shall r. r2v�e an answerina service to re rive com 1.1 ai nt's at all other tinies and an ftT,E�nlen•,; telephone r.•..imber that GRAN--EE can be reached at 24 h(-;i-irs a d oE (SRANTEE shall be available durl - - - -- a�y ..An- --Ii2 off-ce hours to ccr-ciunicate. with the City Manaq(�r and the public i r., persor and key telephone. A 24 -hour i rrine d i a t e response emer-qt7'ricy riuil-.her r(Lust be glade zi%railLL-lc to the City Manager. G . , S c: r - - i Corip I a i n r S , C i F; I a iL r. t. Log a r i d C e., in p I a i r. t Reimbl-rserient. ----------- ----------- - - -- GRANTEE -2pnerai. shall Le responsible for the proit,p� F, n d cc; '11 r t: e o u s a �. t e ri ' i c. n a -I d reasonable rcsol-ition of all cu tomes complaints by the end of the next business diay, provided, however, that if talc' CO-CLOlLiPit is (),f am-nai-ure that cannot be resolved 24 ho:i-s, G-PFANJTH. shall resol e i: i c I ai i Deleted: H. Position Of Containers. The GRANTEE shall return all residential containers in an upright position to the approximate location where found properly placed per Title 8, Chapter 36, and without any unnecessary noise or wear and tear or damage to such containers. Containers shall not be deposited in the roadway, street, or blocking the sidewalk or driveways or on adjoining property, in compliance with Title 8, Chapter 36. GRANTEE shag notify residential customer of the proper placement and position of containers when a residential customer places a container In an inappropriate location, and in such case GRANTEE shall return the container to the proper location. Notification may include the use of stickers or tags to be placed on a container. The GRANTEE shall reimburse the customer for any damage caused to customer-owned containers by the GRANTEE beyond the usual and ordinary wear and tear.1 Formatted: Font: Courier New Formatted: Justified Deleted:---------- ----------- I. Street Closures. The City Manager or his/her designee may order temporary modifications of collection routes as may be necessary due to street construction, maintenance, or an emergency. GRANTEE shall perform in accordance with such orders in a manner not to interfere with or materially disrupt the regular collection.1 - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - -- Fo (2) !'a: it.-, re t.. C,'-) 1 L 1. a CO Mr.) !I L i r. V o e s-' -i Formatted: Font: Courier New t Formatted: Justified C.- t sc!!� -1 Was:,e f ror-1 a Res iopnr-iai e r i r r, % ) n a s'-neauied c I I e c t i . )n cd,,a t- te Deleted: J. Subcontract For when a f-, t e had Leen properly and timely Collection. Nothing contained in this 5 1 c h Sz I d W Agreement shall prevent GRANTEE r.) ro1 Collection, � C, c t t - Y: e from subcontracting for the collection S ltd Waste ri quosi ici-, L. y t I i e r i d, of lv next %0 1 of Solid Waste within the Fra J If !CSS day , f t S r. C'. i. r) t o iior i ce, f rpm a Formatted: Font: Courier New Or' th(� Ci.' -Y provide. ;.f' this g,eemert., S, s ar;l 1 9 ext-ept.pa, ov: ded .. ... ... ---- y. . t�eei, le-ivcre,,1 rc;r coiie-ctio.q ir. ac-cordance (3) ',1 TY P, (, v A c.,— s �o rr. e r dissatisfied with G '. A:T--E E I c c. i s i o i * L r (� o., t r * 11 r i 'i a c. o i i i r a i n -- may ask t I -.- e September 3, 2002 17 `.1 Formatted: Justified Deleted: K. Disposal Site. CITY, at its sole option, shall retain the right to direct which landfiU, transform( -.:-. Formatted* Font: Courier New Formatted: Justified, Indent: First line: 2.5" Deleted: SECTION 10, PLANNING C TTY to r0v ew the co.[',Iplairit. To obtain this rcview, the. customer m1 :,s- reaues" CITY review within 30 day of receipt. of l"ANTEAE'Swri Uen response to collool-aint, or wil,iIin ",-.5 days of subtrAtting the -o 'f GRANTEE ha3 -iol: RANTE-'E responded. s r P.sr*,,D ris P crm lai.ni: by a customer s`tal] include 'e of the -ti t2 seek review -------- __ __ by the ITY limit for sttk review. C end t-he time in extend the time Ine CITY its sole discretion may c to f e q,-i e, s t its review `_or good cause. B e f (.) r e reviewing the coirplaint, the City Manager shall refer it -to. GRANTEE. If GRANTEE fails to cure the complal:t:i: within Geri (10' days after- notification by C]TTY, the City Maria.-,3er shall. review the customer's c Omc) I a i n1: 3:1d de t.e rr-, ' lie i f t11_'ther act i on is warm ,ted. nie MAnaq r mav re,juest written stateatents from CPANTE-;--' and c:,.istomer and/or oral Dresentations. (4) ;Customer- Ccintact Logs. To enhance the levels of se,rvice, GRANTEE Srlall implement amnd maintain a a,: L i n which a I I omplaint-s L c re-c-cived by riall, 1)y ele phane, ill [)erSO shall. to 1rli shal 1 (ntain f-he rt:,t-e the a i Pt, I e .o rid lairian'-',,3 name, --icid ress tellepnone numl-,er, trie nature of the corrp_:aint, the ri t t, the problem o c u r red, he ac- on taken in res-,onsc- to the coriplairit, and tale date such action Was taken. '_he co,-iiplaint log[ shall be recorded in a format approved by the CITY. Complaints at the same se rvi :-_-e acid rc s s '.hat 1r v; L thin fo,,. r t+ e e, n Formatted: Font: Courier New Formatted: Justified Deleted: Fees may be unilaterally imposed by CITY on GRANTEE for any and all Solid Waste management plans that the CITY may be required by law to prepare, implement, and administer. The GRANTEE shall pay such fees to CITY, as a pass- through, upon written notification by CITY to the GRANTEE.1 Formatted: Font: Courier New Formatted: Justified Deleted: SECTION 11. REPORTS AND RECORDS REQUIREMENTS.1 Formatted: Font: Courier New Formatted: Justified shall L)c flag(jed with ail as*_c_r.;sk. pattern 0, f Comp i & _` r. t s app, C, E: I S the -_ TY i I notify GRANTEE of ---------------- ---- --------------- -ay- rk�yie*w t lifto S(.� that the issue:3 -- -- - -- -- ------------------ t_om,� r conta,.-A_ 's :--ea--Ardinc, tne_ t h and resol,Aion _,-,t complaints as well as a com,;a-at4ve GRANTEE may be required to submit EE CRANT ciis-tcmer conzacr lo wi tn the com laints re�i-eived c.irec-tl -- . ---- ---- I-) tne =Y In the event Formatted: Font: Courier New Formatted: Justified Deleted: Fees may be unilaterally imposed by CITY on GRANTEE for any and all Solid Waste management plans that the CITY may be required by law to prepare, implement, and administer. The GRANTEE shall pay such fees to CITY, as a pass- through, upon written notification by CITY to the GRANTEE.1 Formatted: Font: Courier New Formatted: Justified Deleted: SECTION 11. REPORTS AND RECORDS REQUIREMENTS.1 Formatted: Font: Courier New Formatted: Justified V ly_ A Formatted: Justified, Outline numbered + Level: 3 + Numbering H. , Corcp_air,�: Peirc.h-.ir9emen-_ n the event that -,P.AHTE-E­_ Style: A, B, C, ... + Start at: I + does not resolvr• a t2onplaint and 7h-C customer contacts the CITY Alignment*. Left + Aligned at: I" + Tor ievic-w, GRANTE;_;' _gall reimburse the CITY for all reasonable I Tabafter: 1.25"+Indentat: 0", Tabs: 1.25", List tab September 3, 2002 1 8 1 Deleted: GRANTEE shall be pattern 0, f Comp i & _` r. t s app, C, E: I S the -_ TY i I notify GRANTEE of required to keep records and prepare fte c.oricerns a'- t`ie t lifto S(.� that the issue:3 Carl I and submit reports to CITY in U C, r C, I V e d 1he C1_�*_Cj11:Qr 11:: 0 - I lf;;�i y U 0. 11 t. I, i z ed t� V t h i compliance with CITY reporting requirements. Additionally, C I Y a.5 Part o f 1: 1 , e t� a S j. S (,c, r r(..V1e r...3 C US L (-An e r m p a i n -_ s an GRANTEE may be required to submit NT I-', F. ' s p, P r o r n n e :ns pa,-r t c) a ri a ri �1 tia I re", i :�w r, a oid i. i- on verification of reported information. . ..... .. All reports and records required shall ma maj nLa i i CfTY 0 C,,. 0 be fumished at the sole expense of 1« 1`1 f-TTV GRANTEE. V ly_ A Formatted: Justified, Outline numbered + Level: 3 + Numbering H. , Corcp_air,�: Peirc.h-.ir9emen-_ n the event that -,P.AHTE-E­_ Style: A, B, C, ... + Start at: I + does not resolvr• a t2onplaint and 7h-C customer contacts the CITY Alignment*. Left + Aligned at: I" + Tor ievic-w, GRANTE;_;' _gall reimburse the CITY for all reasonable I Tabafter: 1.25"+Indentat: 0", Tabs: 1.25", List tab September 3, 2002 1 8 cc; F.S t: S' i ric I u.-Ji nq reasonable at t cr neys fees and costs, reasonable consuir-ants, fees and costs and city staff time it tht&_ ac;ainst G?AM7F1'E. 71rie CITY shall invoice 0 P A N'r E. E f c) r such c: c, s t: s , i n • -4 i c a t i n <3 the name and address of the CL'S!..OTPe1:, naturc-.- of o_ spent, hourl.y- rates for Jr.volved, and mi*_ -eri--ils re'�-.,ui.red .c., resolve the C.'.()Mpj_a i rit Pavii.ent: tc- i. he C LT Y sha l I bA made within 30 days of receipt_(-.t in,ioice. Formatted: Font: Courier New Formatted: Justified 1 jRe -lied i e S . The City Marager shall determine What Deleted: The GRANTEE shall r erriedv, if any, _shall be imposed. The remedy under cooperate with and provide all this subsection shall be limited to a rebate of Information requested by CITY or any C 'J S t0:11 0 17 C 1) a L CI 0 S Y. el a t o.' d to tr, e p e r L od o f b r e ac h o f consultant or firm employed by CITY in connection with the preparation and -any of thr terrru� cf tf-,.is P'iareirn,,,,erit and/or levy of I implementation of waste lj_,_jj� i.,iatea d a ma q e s o f u p to $ 1 for --, r I y s in q I e characterization studies or updated i Source Reduction and Recycling evF_InL or serl-es of related events. The decision of Element (SRRE) arW Household the CitV Mariaqer shall be final on any matter under Hazardous Waste Element (HHWE).j Five Thousand Dollars El , 000.0,',') . In the event of a decis-ior, or, a :natter of Five T ho -1 s and Dollars 0 0 or r-Lo ri2, 'kAN.TEE rr. a y seek re-view by the 1* t v 1.: n c i 1 , by (iliac_, a Request for R c v i ew h_%/ C.*.ty 10 wr.-U.nq days of rece;•L of ti,c: _A V a e dc-1 o I I •------ -- - - - - -- (2) y Ui spu t:.'_. Er, t- h e e,., e, ri I: o f a -d iA spij Le betwv - en G:AN-EE Ln-d iA c--istcmer as to, the uariti!:y rr . s3iid Waste t h;A t .3 11 c h u s r (:;me r n a -.3 1 a c e d for col 1--_ct ion, he City Fanaclor shall in,✓estiqate and make a dcterminaiion aril shall be b 1' r ic i (T on 1 G T< A', I r _7F E (3) Damactc. A-.y darraged bey ,ndl tJ.e u 11 a t a r rd i lacy a r arid E--. a r b (kl,�NT S h a *_ 1 .. .... .... .... -he ro rr.-,,:. I ePa; r er..' ar!e'a a GI N EU:' s so 1 P I. _,.- t C, -i i e r : r: r -) _- rt a -,: i ' ; I-, . 1 J,:c - i t i ca t ion Froceduras. GRANTEE, at the ti-me it h­::(i find col I -.' z-.: t i On s c r%; :, c c l,a -3 1 `S .i d e r, t. : :j I sic rV i , *.,. .:.,. r. t. S�)' u r : i c c h -,j �; t um--' Y' rlei t i' n I - 3 Z�: for S o i d W.i,3 t. e , e c., r e -1 r F,� k e. c 17'3, n d Y a r -1 Tr i mii i i r ici is I ect_:or The in.3r1:�_ictions snail 1-.)E- in a -torrr an manner npprcved 1)y -he.. Ii -'. v a n1 3 1-i a i L-; c- .ire p a r e d jirita pro-, derl at 6CRAa-7EL, F) experl-5e E s h a I i-7--so pro--.,icle to e,tch in a fcrm and manne­_- ar)Y)rf-),7cd ',:,%' tLe City-, RANTEE expense, r L ('I. t 1;iT:er than t c.e September 3, 2002 19 I Formatted: Font: Courier New Formatted: Justified, Indent: First line: 0' Deleted: ..................... CITY may also conduct inspections of the State Vehicle Certification, vehicle identification information, truck inventory, methods utilized to contain Solid Waste in trucks that are traveling on streets, highways, or freeways, and information reported by the GRANTEE in the annual report.1 J Formatted: Font: Courier New Formatted: Justified, Indent: First I line: 1" Deleted: SECTION 12. PERFORMANCE REVIEWS i Formatted: Font: Courier Newer Formatted: Justified • Deleted: CITY may conduct an annual review in order to evaluate the level and quality of services provided by the GRANTEE. I Formatted: Font: Courier New Formatted: Justified Deleted: A. CITY, in its sole discretion, may hold a hearing to review the GRANTEE'S performance and quality of service. The reports required by this Agreement regarding customer complaints and any other information determined by CITY shall be utilized as the basis for review.1 SeCOQ Aorday of January of each year, information Hour Schedule. regarding the senior citizen are and discount rate, Formatted: Font: Courier New CFO rmatted: )ustified, indent: collection rules Eor Solid Waste, Recycling, and with written 'lard F_.i7(uldnzjs, holiday collection policy and dates the time Of the upcoming year, and the rules contained in service is started, of the regular business Lnis Auireemen t wAght of j Deleted: SECTION 13. SYSTEM composKian and jypjage,2f Solid Waste, th( PrOCedures Reyyqlable - Solid _Waste, _;;q_Yard Trimmings, location for of contalgars.W.HVIPP, _and times c -f cciiection. GRAl1' ;E a-� t: i rn�-� s C, i-he r th a r. requ 1 a r d Formatted: Font: Courier New (2) yhanqe in Collection Routes. CRANTEE shall `1 1 Formatted: Justified provide. 30 days notice to the City Manager of any - change in collection routes. GRANTEE, at its own Deleted: B. It directed Q the City Council, within thirty (30) days after expense unless otherwise specified by the CITY, by the conclusion of the hearing, CITY written notice forwarded thp2p1h the Unj ted States shall issue a report with respect to the _serVlCe, sh a I 1_ adequacy of performance and quality of service. If any noncompliance with notiSy_ each customer of aKA chanrle in collection this Agreement is found, CITY may routes and the day o; d,� , -f the week on which - -haste direct GRAMME to correct he Inadequacies, pursuant to this �_Agreement. Solid shall be chlected. The nc),�ice shall carctain the day or days of the week upon which collections will be made, the. name, address, and telephon". number of GRAN*TEE, and other information deemed necessary by the CITY. Said notice shall be pToyined to all afEe-Le,,' cust­meis not Less than f 0 u r L ef ri( _1 j i S Lhe chance Gf co .1ection d � _pF i or L 0--_ hule. T ed (3) Yffice Hour Schedule. GRANTEE shall also notify Formatted: Font: Courier New CFO rmatted: )ustified, indent: customers with written notification, at the time First Me: 0% We spdM: single service is started, of the regular business hours as j Deleted: SECTION 13. SYSTEM well a9 th( PrOCedures for leaving mcssag,�.­, for AND SERVICES REVIEW, GRAl1' ;E a-� t: i rn�-� s C, i-he r th a r. requ 1 a r bus Lness I hours ! To provide for technological, . t economic, and _regulatory changes in (4) Halidav Schedule. GRANTEE shall 2rovide customers W&P-n-otification o;jo1jdaK,scjI l a i� .�� L _s AR-more San- in (1) days ur-,,,)r tc each holiday by placing a paid advertisement, in one daily newspaper scrvin•j rice C:TY. GRANTEE shall also PrOvidC ±WlLrda"Y SCMMU MorMaLion on the _as L. bi I lIng UaIIOMent nreCe(ij_r�� hal �day. The CITY slalL n da e_jqq;V) ky, nuL A! ed reqanHnq all ho] 1 _y REQUINS 76 1 0 1 W a0n - Tear. When any Residential-'.,' :M.ANTEE, for reasons shall leave a taq at (!) Solid Waste 11ot Colie=ed. Solid Wasm i£ not collected ocher gran nonpayment, ORANTEE September 3, 2002 20 i Formatted: Body Text 2, We spacing: single, Outline numbered + Level: 4 + Numbering Style: 1, 2, 3, . + Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 1.25" + Indent at: 1.25" Deleted; collection, transportation, disposal, and recycling, and to achieve a continuing, advanced Solid Waste collection and recycling system, the following system and services mom procedures are hereby established: Formatted: Font: Courier New least 3-t_" :� 6 3/4" in size stating the reasons for I -- - - - -- --.- --- - - -- -- - - its ri,2,friisal tc or,)Ilect the Residtantial Solid Waste, I Formatted: Font: Courier New pro,, . iding - i�eference `o '.'Ji--1e 8, Chapter 36 or This Deleted: I A. At CllYs sole option, CITY Aqi:ee.,riert arid the roasw-, for, the refusal. The t ag j may hold a meeting(s), at which the sh a provide GRA N'I'Z'l F, S ib 11 s J- r, e s s n a m--' a n dJ te 10 h o re j GRANTEE shall be present and shall participate, to review the Solid Waste r, urn m r, r ani s h a I be s e ;:: u r el v f a S',: e th�, . .... .. ...... .. collection system and services. At -rita"'ner or to t.he refused. S!uch tl!iq shall CITYs sole discretion, 9 my conduct be_prt.Ezed and -.istrib-,ited at GRANTEE's ezuense. any system and services review ------ concurrently with any review of performance and quality of service as (6) Fnilling Fees for servic-e, be al; se.t. forth in i provided for in Section 12, above. -shall Topics for discussion and review at Exhibit "G" the system and services review meeting shall include, but not be - -s limited to. services provided, feasibility A,T- E F, shall b e r e p cr s i ) 1 o r a i re ct I Y of providing now services, application I R e S i d e r7 t i a I S e_ 'j i c, e R e C i P i -2 ri t S of now technologies and state -of -the- 7 h b j I I r. cl statement s h a I I be ma i i e rt d a equipment, rights of privacy, amendments to the Agreement, bimorj*-h11 -a ri inc I lj,-.Ie a return Privelo . e_ Th e developments in the law, and new initial bill 4 ng___sta-�ement shall -be mailed by activities for meeting or exceeding the ACr3 goals and regulatory constraints. the fir---;' d u the first service month of CITY and the GRANTEE may each the bimorithly p,�,riod, indicatinq a due date -led additional topics for discussion t h t W e:-i �.i r -- h (2 5) day of the second t any systems and services review i mo. -vicf hearing Sixty (60) days after rionth of the b nthly ser -, period. Any receiving notice from CITY, pa,,,-me n t f ci: 4 +h i s e ry i. ce 1S n r� t 1) rov i ded GRANTEE shall submit a report to CLISt(.):11C!V MCY )U:: ,3hall be refl-lnd!�d to t h CITY indicating the following:1 (.-,! a C) rat: t. r-) as i S when �Ll i S t: eMe 1, Formatted: Font: Courier New -A F] sha I I :P P.. Formatted: Justified, Line spacing: r r-iu r. r,., i c e t�e en-,itled to rcover the amcnint of c-,harries single rr,�ir -,hc- cn-s-.orr.i�.-r for servic-es renaered tinder ---------------- . ..... .. .. (1) All Solid Waste collection, t :1 i s Aq r eo- ne r-, t b civil act ior, GRANTEE transportation, disposal, and recycling Shall 1: f:, " i d e. itemized bi 11 s, distinctly services reported in significant snowi n(I - h a r C, f !) r all CI a 4, 3 i f ic.a t i -- 1-1 S c f industry trade journals that are being coffirrionty, provided on an operational servi ces, ir,caud i ng t I i e c h a r- g es for 'Late basis, excluding tests and r,,, f661 E:a'y'm ',t L 1 1 not: S Q ),-t t.. r7 of r s b nq t: o re 1; r an r se Fa e r rr s n a 1. 'n e Fee sho,,jn as a f 4ij�kp "Ver-, C -I —I t: C me 1 s7 GRAN-EE sha.1 make t ,r7 s 7. k t a 1 t- e r na r i ve -,,,men r. p I a r. s u C, -r. i'rc., as not-�ded. b. B, . Iiinq F!.)zmEt — GRANTEE shall use a Subj(--(:t- --C) ap'-'roval 1:)y t-11(' r.'7 Y W i t. 'h II-, on P_ Y a U u o till) s Ag e ern e r. n, I n ml.m, irc, i d P a rt-,. t. u, r ri e o,;.' f- n r p a yr) E- r. L h P hr 1= r;] a e: n e I-, MU S 7. be able to a c., c rra r, c oa t e I ::: e i: er-1 t'''aper T(LeS E.- .3 a t e a s r e a r- d .. .. ..... . .... .. September 3, 1001 21 Formatted: Font: Courier New Formatted: Body Text 2, Indent: Left : I", Line spacing: single Deleted. (2) Changes recommended to improve CITY. �N r 'A' ability to meet the goals of "Formatted: Font: CG Times Formatted: Line spacing: single Deleted: (3) Any specific plans for provision of such new or changed services by the GRANTEE. or Formatted: Justified, Line spacing: single Formatted: Font: Courier New Formatted f-6 9-1 Deleted: . Not later than sixty (60) days after the conclusion of each system and service review m one-half inches by eight and one-half inches. i in a dd -4 t i G.-I, GRANTEE' s billing staterriert 11 Formatted: Font: Courier New zi hall f :1 i Formatted: Justified, Indent: First gave S r.:, &.C: e S 13 f C e n L for Ci "Y' S line: 2" Line rni s a e s to to intPd on the This spacing: single t--'i 1 1, i.ng Space be a t. least four Deleted: SECTION 14. FRANCHiS AREA _ CoMpENSA TIO n (- s a r, ,I be ca a L O !. C' I n 17� L. nj A I -7: j j fifteenth (1 5th) day of the following __p of te\t. Formatted: Font: Courier New fifteenth (15th) day fall on a Saturday, residential Solid Waste, toile=, .. 71 Formatted: Justified, Indent: First (7) '-'U S t Or-LO r- Te rmi na- ion for N c. n pa,�rm(L- P. t G P. A 1, 1 T E E may preceding Friday. Should the fifteenth (15th) day fall on a Sunday, payment I !ne: 2", Line spacing: single c I i i nrT HPssaqes. Up 7io f ou r times per -,he that_ calend'ar Year, and at P.O o cost to the City, Deleted: A. Annual Rate And Service Charges Review. All of the GRANTEE shall insert a n -y message insert rates and charges established In this provided b V t h. e City into all bills sent to Agreement between CITY and the nezr. -non-zh. Formatted: Font: Courier New GRANTEES shall be reviewed and C',16 t. rile r S Ci !: y w i 11 p rcvi de one came r a- I considered by the City Council, as ready master cc)py of the j.nsert G RJA WP EF Provided for in Exhibit H.1 w I L o r 4 n the ty messacle 4 n s e r t s at its Formatted: Font: Courier New CW11 expense. In addit.ion, GRANTEE wil� -,rint Formatted: lustified, Indent: First a no cn a rqe a nv In e ss a qe s that the Cit ,;dine: OVI Line spacing: single requests be _pjinted in the bi. lift gstatement Deleted: B. Franchise Fee. In in,,ssage space rt�quired by this Agreeiuent. consideration for an exclusive Agreement, GRANTEE shall pay to rig s e c o.-i d CITY a franchise fee as provided in d. CITY, a- CITY' S --i1c. Optic)n, upon d;lys Title 8. Chapter 36. GRANTEE shall r ti C C ;PANTF'r;, inay elect_ bill also submt A8939 fees. as described in Exhibit -1" rr-Sj d(2n t S o r J e r i t i a 1. So I i d Wal and itemized in Exhibt G. Te provisions set foh I ect i �--,n f Ir C', 11' y .(7 t� S + C, C, 0 So below for Franchise Fees shal a I also 1) F 1) e F o I d 47 as t: P- C e C L r a r e s .......... apply to AB 939 fees. All fees shall be payable by GRANTEE to CITY, on a psi l t o G RAE 7:' TE hat i s a'lribiitable to monthly basis, no later than the I:) nrT 'o i: ser x.,ices shall b tz,� assiqned to j fifteenth (1 5th) day of the following __p I month by 12:00 p.m. Should the C'-- TY. fifteenth (15th) day fall on a Saturday, residential Solid Waste, toile=, .. 71 payment shall be due by the (7) '-'U S t Or-LO r- Te rmi na- ion for N c. n pa,�rm(L- P. t G P. A 1, 1 T E E may preceding Friday. Should the fifteenth (15th) day fall on a Sunday, payment d-*.s,.-.-D.-,t- serv,': as salt �or'h in th:* s paragraph. shall be due on the following Monday. -,he that_ Should the fifteenth (15th) day fall on s e vice r -;iil. a holiday, payment shall be due an a �,-.i f - r I Ps t-. ri i, i a 1 S E,� 17 Vi C e S rende-red the day preceding the holiday. Should -1 - - - - - - - - - - - - - - - - - - - --- - - ----- - - --- - - d] - J. r.3 :i - 'north S t'. 0 the fifteenth (I 5th) day fall on a -pa-'Iable . .. � 1 .11, - . -f — - L bv 7 he n r v- t i r t 27'h 1 0f t- 17 e Monday holiday, payment shall be due on Tuesday. I nezr. -non-zh. Formatted: Font: Courier New b. zz r�-,cc- i %, e • 'r; y t i e a s t Formatted: Justified, Line spacing: single 0 lc rig s e c o.-i d :nor. - 11, :3 RA N T E E 1,; e ow ir, :3 [I-,)t i , ica. ion Deleted: (1) Residential. In consideration of the granting of a -a F), r P '�l S � d ell L. i -a I 0 r. V franchise which provides for CITY .- i- r. rfA s 1. o r a ym e r L contract administration and the use of __p i CITY rights-of-way for the operation of Y i o r t.o '.Prra; n t o r, o s;�� , v J, residential Solid Waste, toile=, .. 71 rt,a I e tirst ciasz, %r i a lie U.So Formatted: Font: Courier New P'-'s a F, e - -" i c-e , -1 7 -,he that_ , j .. . ' ; Formatted: Justified, Une spacing: s e vice r -;iil. pi y.T 10. r. t. is single zece, Ly___GPANTEE within (7) :lays Deleted: (2) Commercial. In consideration of `the granting of a franchise wh September 3, 2002 22 frarr. the J--ite *_hat t he customer I -i c. t i c. e was Formatted: Font: Courier New Ina i 1 ed Formatted: Justified, Indent: First line: 0.5", Line spacing: single I a r ate e :: : t i.a r q penalty of S1 00 may be c.har•ier,4 to d'A`riqucrit. accuurLs .,er rcixtth -I I I (.-- I I Deleted: (3) Special Wastes. in consideration of the granting of a he e sses.ied pr i r,- r- 1.o t. fie Ilia i franchise which provides for CITY a ri- riot i e. of .9(-,-)r rit., ance .) I se,�. vJ ce [Jr�,-�rl contract administration and the use of CITY rights-of-way for the operation of I? -Alt t. o f the h P d iFwo 11 le r, fees and anv.-li=ce charge I special waste collection, -- owed, CRANTEE sn a 1 1 re. ime c e c t i c ) n on t - -I e next I transportation, disposal, and recycling .r e q u 1 a, 2: 1 y e rd u e d (-- c, 11 o c. t Or. day services and roll-off drop box services (as listed in Exhibit F), GRANTEE shall pay to CITY a Franchise Fee of notify t�jp -T� sixteen (16%) percent of gross (9) CITY �Iotiried. GRANTEE revenues, excluding landfill share of least. Orice per in.,rlt n in w r l t .; rL r e y d r I-.. ct the roll-off drop box accounts.1 P. ie S i J I I t i a I Service c- c i. p 1 e nt s wtto have been Formatted: Font: Courier New d -L S r:,.) t-. i n ll e d a ri,.J o " p e. - s c; n s- w i t 7, i n t he Fr a nc.Iii s P Formatted: Justified, Indent: First Area who ire si.b�;c r i 1.) n for Resider,*.-ial Solid line: 1.5", Line spacing: sing le Waste col 'ec--ion services. -- ------- --- ------- - ----- Deleted: (4) Franchise JFees not received by i . ; TY P. i ri h t t . Change Scope 0 f Formatted: Font: Courier New Deleted: by 12:00 p.m. on the *1 c.:i or a! S' b j e c t --- c o r ov S- C, r. s Of this fifteenth (I 5th) day of the following IT" . shal I 1-.ave �:Le right to direct -ibsect i,-)- th4�-. C month shall be subject to interest and a late fee of five hundred dollars ($500). terest rate shall be two GRAN-:',E to undr�r*-ak-e t op The in ,-f o,-eratj oi-Is cniit.emol at,�-J by 1-1-lis Acjree-neat. �S U C h percent (2%) above the average of -7- the most recent prWm rates of the n g f- s may i ncl jde, b u, al e r. a I i -n! t. ed 1:1, the nt three largest banks headquartered in r California as published in the Wall irTi lemel-jt�,I:ion of a a -,-11 1 o r, a iz� r c) q r a ins des Tned t o i n c r ea s e w �-,j s , t' d v P I: r i r. r, i n h e CI -7 Y r the Street Journal (Western Edition) or similar publication, but not to exceed a U t cri -a t i 0 rl of all or a Kortiori of the CC". le�ZiCn twelve percent (12%) per annum. s e - v i -- e s p r o v i d e d by U, R P-. E. T E --- }Jere lnder . In the Interest shall be calculated fr event ti=e ICITY directs GR-ANTEE to implement such a Formatted is ... L741 cn a n,j e r u v i s: oils c; f this stibseci r shall Courier New ,Formatted: Font: p.1 Y Formatted: Justified, Line spacing: - - - - - - - -- - - - - - - - - - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - single (2) -1- F, -iqe c, f ri t. he evtF�.rif: C, TY e 1eC- S I- -y-' Formatted d-' '7RAKTF7�' tc -,nae-tak,�z a chanale,--I-n the -Ccpe of Deleted:. Acceptance Of Payment - opera--ions, inclildirl�3 i7-11t . n--t i i Mi t ed to rle�q or No Release. No acceptance Inc r s e. d recyc 1. 1 nq pr("qrclrns, t rranne r ard f Formatted: Font: Courier New , e r 4 ;11 S l:(j�CLICnc%, r�; r r lie -isc- of a II: - r (' c ov F r V or d-`& roc sal faci 1 i--y diiirected by I Deleted: any payment shall be construed as a release or as r761 t. le t - }' i I Cope C ` T Y La I I q i.V.? I Formatted: Font: Courier New la 1.1. .......... _;R.:`\N E wr L Le! I Ilur i Ll I C- r o f- GRANTEF S. I .4 r °r• Dro i S � I t i L i r. CPS S 'I S e t' -I- - L h e, ------ --- - --- - - -1 - . . ..... -------- riot ce fll Lr Ilays of rie el Of c h 1-: ol ice t rom (71 J-�- L 3i_: r) r:2t�'- per --- ocl al_ a e e to ny CITY as he reasonaibiv necessary to prepare the proncosal, if s lich nrocosal Cannot r : :I s !-)o p r c pa r r? -i -v; h - r 1 J0 drys) The pro:,O-sal shat -1 :on --lain de =al -rid inforina-tion reia--ir.,q September 3, 2002 23 Formatted: lustified, Line spacing: single Deleted:.------- ------------ D. Ownership Of Solid West( .. T7 Formatted: Font: Courier New Formatted: Justified, Indent: First line: 0", Line spacing: single Deleted: SECTION 15. SURETY.1 to he ��f t he Ch a n .-j e ir, S(2ripe, aril shall ir-clude tht� foll^wino: Formatted: Font: Courier New Formatted: Justified, Line spacing: • a des�: r i i 1 of u I-) e r a 1: i ona I le ;single mir,-J i t Ca i ons 1: Wou I d 1) F, 1- 0::] 111. r e d t,-,) Deleted: Contemporaneously with the execution of this Agreement, 1-n em P r, r h, t (.I e i ri S e GRANTEE shall deposit a Certificate of Deposit. Pass Book Savings, or - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - b. -,,-I estimate _)t !:hp amolir,' ot ali costs tc) oe other type of cash deposit ("cash deposit') approved by the City ink erred 1­­- ;RANTE-- in connectic—i w` th the Manager assignable to CITY in the Change in S�7 a ny sum of TWENTY Thousand Dollars ($20,000.00). In the alternative, • GRANTEE may provide CITY with an A, prc,ie.cT:ed imrIeicx2ntation schedule;, irrevocable letter of ciredit from a bank approved by CITY. The Cash F.. [781 A.'T. "F, F, ' S p r f, F�: 0 S C� J c) U S t rp e n t: arty, t.,-:- ti..e Formatted: Font: Courier New raltes; ind Formatted: Justified, Line sparing: single -- - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - --- e "I ny kjtt. inforn:.ition- --hat It 1)e reqilested --- -- Deleted: After thirty (30) calendar by CITY -..n rno to CRAB EE or r.,er n e r. t days following RANTEE's fa .. j Owing [79' Formatted, Font: Courier New 1.lformatiGr. t ha t GRAVTFE_ d e t e r rr. n e s 1: o Formatted: Justified, Line spacing: single In addi t 1-o t"le irI anal i,')-j ai)ove, G -<AN'FEF may Formatted also , p r. opo S. e 1'. e r r, Ud i F c:,-:tt cns t.�_) th: s A(irec%men'-- t i a 1: G P, A N T E Deleted:. Failure of GRANTEE to t,ej ev,��s t d t, a (t i sat .)I )I e r u i r ed L,-) e fe:, t i a e C T TY pay CITY sums due under the(— ...1 i VEI Formatted: Font: Courier New Formatted: Justified, Line spacing: Pe%,,iew. CI 7 Y hall 11 r e v i f-w the pro I TY o -1 single s -,ihmi �� t ed Lw -a i-i J-i —tt e ri notice to i4— Deleted: B. Reimbursement of p-ropuse changes or rio.dific.ations to any part ! out-of-pocket costs bome by of thr P.10r)(S-al. G_--1ANTEE shall resr-,crid ir, a timely Formatted: Font: Courier New ria n r r' 0 any 1.) r 0 p r, d m o. d c:;-.-: n 1-1 C I I Formatted: Justified, Line sparing: ri:.-iy � T:C' ud,, revi.s ors L,) t iC. 1-:0 S t single e err t. s G K!" N I s r ro t,, s Deleted: C. Monetary remedies or damages may be assessed i (4) a n 7�. r e . f� Formatted: Font: Courier New, No _- __ P-1— t llai propcsa i r E revi se�'z r El C t underline r, a C; r, s r o,,, e 1.) TY CI may r tF-- a r. d Formatted s a lnrjc r t;.: K(, a T1 c c, r-qL1 t 1,; f3 Deleted: CONSENT REQUIRED: imp I i1-:fLor, r a t i On of tnr: ,. i r, _S' �) The I a t S TERMINATION BY GRANTEE, TY 1. 0 r-Q(A L.\.- (-.�A.'T.­-�E s�,all 1) c. J Formatted: Font: Courier New p r 0 I. A,.: -1 i h f I Formatted: Justified, Line sparing: single Deleted: A. The Franchise (5) Ll TY s i a n f t o C L n I, t granted by this Agreement sh .. =85 CPAN—:-E n-ld CITY are agrefl c-1 rt v sjcj-jS t Formatted: Font: Courier New . Lela �AN E zr cs ai r q t t he i r-p i e re n t a t i c 7; f Formatted: Justified, Line spac gG In ;i r c as '1-) 1 e p o r :'_ C j- Cr single t i mo a t r. e o I. chi C t i n q. d f a i t- 1, ri r) t i a t: i as w i t I I I Deleted: B. Approval to TRAN =..86 September 3, 2002 24 respect t h-*2 re to, CIT. shall have the right to u - i d (--. r , a k (-- -a rid c orf i p 1 e t e the C'.?i a r -- 9 e in Scope.. Such wc---k iray be performed by cTry employees or CITY contractors ir, t-',i(? evi�r,L C1- proceed 1jr1:--lcr this su )sr-crior, ii: shall r-)�ice of i.*,s election to GRANTEF --orie!--her with .:i desc .. �t- i o n - . . . ....... ..... =L — intends Lo proceed wiLh o- the manner — the change_ in Sc-,-,pe. l SECTION 9. FRANC HSE STANDARDS -7()r C'1'):,LECT:()N AND 0 TE-R l T i O'N GRANTEE shall maintain vehicles and in a irtanrler- adt,.:.,,uate to public health and safety in accordance with .the standards as provide-1 in Exhibit 1), A. LuIE� and Regulations of City. The City Ma rj,�-, er- shall have ~he power to establish rules and requlationsrela--ing 7-- to the accur.ulatior.-, collection, _rec%i-clinq and disposal of Solid wasl:e' providinq su, h rules and reql.11;ations are found to reasonably necessary by tae City f r, r enforcement of the provisions of this Agreement, cr any and all Applicable Laws, and for the Lori or' the pub] i.-. health aria safe,:y, and i (j i-riq, rules 9 re, consistent_ with this Agr-eem.• �?nt and the " RAN TE'T-' aqrees tc and a 1 *1 such rill es and eall t atA on.-3. ---------- -------------------------------- --- - B. c Time For Cc,, -'; ec - i (7; n . GPAN7EE shail col-Lect Solid Tt-IaSr-• within CITY ir. accordance with Ti--lc 8, Chap':er -36. .1 10"l L law; C. Route, Books and (,Laps. shall prepare route r d f r a r i,--- t i c � and rrtac,s .-or e';cjj te, wl oit 1 m sped fic rout ina info i.- vi -he dai 1%, lom :)I- SIc"I 4d l ^last T Le is sooner I I t1P -7:U1 relit Inc) at.� e: a t- (3*RAN. S mak L.-Iq rollt('. n rc, ides) t-.- . !. `ip City D. 1 o I I Ps C-Onmence'.'ner.t of t, 1-: -1 5 A C4 1: F1 -'T[ e 1: al-:d Ur-a-ited .-Iner. in a '.imely- M'F.Innez rn charigtzls a r -o route books ana maps. 7z 1- 1 A e a Pea uiF1-zt fir .1 10"l L law; I . �j . , r d f r a r i,--- t i c t c. b c q n a i e o. r i 7i of t }, i s Aqrermcnt, 0 r -1 0 ^ F1 C- r if this Aq. r e eme r, t is sooner L rl.&, t-(:d, co, -.`1)o w: th prx.)posc, rs t)y mak L.-Iq rollt('. .,-er'n t'no <s arld 'rial::!s OT' I TIS L W.-'.t. : oil D. 1 o I I Ps - ',A!h(-.nPv,,r -- - - - - - - - - - a - - - - - - - lipon 0 _i ------- ------- r i_%,, s c cr; I Le c i c; i ---- a -1 F the e PiSP22f-,-T�1- Site is _L, ,7 1.^ ed L n obser vance of ha hci tnen t he coi ' ect -* or--s . 'hecil-,le-d tor *-ha-, -lay, and �-or .3(7 'Alemimel'I'Mainde'r ^t the wee1:' 1ray le J- is --'-d U�p or ,e C- a ,*,- 1 -:1 IL c rM. t " I a I s h -.2 d 1- 1 c d September 3, 2002 25 Formatted: Justified, Indent: First line: 0", Line spacing: single Formatted: Font: Courier New Formatted: Justified, Une spacing: Formatted: Justified, Indent: Left: 0", First line: I", Une spacing: single, Numbered + Level: I + Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 1" + Tab after: 0" + Indent at: 1.25", Tabs: 1.25", Left Deleted: E. Any change in control Formatted: Font: Courier Newer Deleted: the GRANTEE occurring without prior CITY consent shall constitute a material breach of this Agreement. Formatted: Font: Courier New Formatted: Justified, Line spacing: F. GRANTEE may terminate this Agreement only upon one hundred eighty (180) days written notice to CITY.1 Formatted: Font: Courier New Formatted: Justified, Line spacing: Deleted: SECTION 17. FRANCHISE TRANSFER: FEES .1 Formatted: Font: Courier New 'i Formatted: Justified, Line spacing: single Deleted: A. Any application for a franchise transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of $5,000, to cover the estimated cost of all direct and indirect expenses, Including CITY staff, consultants' and attorneys', reasonably incurred by City to adequately analyze the application. Any costs incurred by the CITY in excess of $5,000 shall be reimbursed by GRANTEE. In the event that the CITY costs are less than $5,000, CITY shall refund remaining deposit to GRANTEE. I Formatted: Font: Courier New Formatted: Justified, Line spacing: single E. , Frequent;',- of Collection. GRANTEE shall provide for Delisted: B. Upon approved transfer weekly collection Gf Residential Solid Waste accumulaned at Of this Agreement. GRANTEE shall Residential Premises contractinq for collection when Solid Waste pay W Cat a transfer fee in the amount of $25,000 or 5 percent of is properly placcu for collection on the day of collection. gross revenue from the last twelve months, whichever is greater. I Break (Cbntinuous)____ F. r�t r kAN' P sha I I r, c, t enter ujay ppy pvivsLe a These franchise transfer rol7ert.- +.0 :011ect yhe Solid Waste, without the permission ;—f -*% I fees are over and above any i Franchise Fees specified in this Agreement be and shall not pf....Tr8771 Formatted, Font: Courier New G. Traffic and 1"' o i s C. GRANTEE Lhal 1 conduct onerations so as to offer the least possible obstru-ction and Formatted: Justified, Une spacing: single inconvenience to public traffic or disruption to the peace and yj et of the area winhin which collections are made. All Deleted: SECTIO Is. IMPOSIT10tj OF DAMAGES OR collections SLa 11 lbr> made as quietly as possible and shall _T0Mh61QtL1 Formatted: Font: Courier New conform to Moorpark Municipal Code as it relates to noise. Formatted: Justified, Une spacing: • - -------- -------- ---- ------ --- --- ----- ------- ---- ------ ----- --- ---- single H. 11licle storaqtNq, Solid Waste collection vehicle shall be stored ed overnight on a public street Dele A. If at time th Qy Manager ted: determine any e thoroughfare, or other cublic croperly in the CITY. Formatted: Font: Courier New I. 1_',RAN'rEE Li c, bl' o C 1 (, a n De b r i s. GRANTEE sh all I Formatted: Justified, Une spacing: . " "Ongle clean and pick q) any Solid Wasio or leachate deposited upon the leted: ureets, roads, hignways, sidews:kj, o*-her proie B Unless otherwise - 1 specified, a reasonable time .. 89 rXjyaLe,pjpptrty, by, GRANTU within UTY. __ 1. ­Should any - Solin Waste - _ e "; I Formatted: Font: Courier New Formatted: Justified, Une spacing: Angle,_ , X Street Closures. The City Manager may order 1 Deleted: C. The City Council Mull ! give GRANTEE, an temporary modifications of collection routes as may be necessary Formatted: Font: due t 0 street construction, maintenance, of an emergency. Courier ew GBANTEE shall veyarm in accordynca With such orders in a manner Formatted: Justified, Une spac ng not to KLerfern with or ma L o r i a 111, disrust the r eq j I a r single collection. Deleted: D. Based on the evidence 1 presented at the he =_91 -�ourier Formatted: Font: New K ubcontract for Co:lecticm. Nonhinq contained in . ;hQ1,pr,y;Q,GRAN7EE from subcontraclIng,jor the iFon natted: Justified, Une spacing: I singe chledtion of Residential Solid Wasze within -he Franchis Deleted:. NTEE franch[sed bITY, upon written approval by by any athcr GRANTEE C p en ` This right of termin the City. 92 Formatted: Font: Courier New L. , Pi qnsal Sitc CITY may Wrect which landKll, Formatted: Justified, Une spacing: uransfatmation - 'T!pyt ;Single -- -------- Ove Ey. 110 L 1 y sha[I use to iefaj Deleted: F. irrespective of recycie, comzost_— process, and discose of Residential Solid Waste subsection A above, CITY ful Lg qqn,flyid or-Tolumllaneq lithin Me FranchiSe Area. Formatted: Font: Courier New A Formatted: Justified, Line spacing: At � pfoca6winq. In r, r do r to maximize diversion of single Residential Solid Waste in accordance with the Yeauirements of (1) It the GRANTEE MWA& a Moms to wadi- —rM September 3, 2002 26 tl:e Act, GRAN-EE shal" nrocess, broker, or deliver Yard Trimmings and/or Recyclable t•aterials and :-<Ecyciable Sclirl Wastes t: c) prccessir,c! at G?AN'.'E.E' s expense, and in a Manner �;at '.Sf acl-Ury to the City anti in ac­.c:o cciarce with all a,-ppl.i cable Federal, suit. and local taws arld re•:,'ilat_ions. in thi*!s sense a E, r oc o s., i r i g Id t. i I J L y i. s me.--, n s a I a:' E' wh e r E- di ve rs i n f r0m 1,:a n,. I !- I L I _d i s p o s P1 o f t: h e ma t e -A, a 1 S U If S GRAN= shall not disL)osE., in a land till any unccn am.'nated source separated Pecyclal-de Solid Wastes cc-1--ecred frorr. Customers that it has agreed to recycle, without: advance writt"er. notice :o and approval from the City. Notwithstanding the, foregoing, the City shall have the right to direct GRANTEE ._-�r:, 1-:se a desi(jr ac:ed Site or F.) r c.) c : e s s i nq -Faci. I i Ly for the proce6sing c,.L disF­,sa.] if al: or a r,,) Y, t.i o n c f the Solidi Waste collected 1)y GIRANTEE purstiant to this •------------------------------------------ --------------------------- N. GF(ANTEE -_ .hail ... ncT all a encies With u i,c t i-on,_ in eluding the (aiiforriia Department of 70xi Substances Control and Lccal Emergency ?.,esponse Providers and the National R (--- s p o r. _zat ' -enter of re:'r.)rtc-.ble quantities c)f Eazardous Waste., fGlilld Or ObSOrV(Jd 1'"i SGlid Waste anywhere -';-'thin the City. It. additi0l: to 00h'­ L-C-11iii-ed no-_j ions, .-.f GRANTEE observes arty sul stances, reasonably h• , -1 or Sus e C t' t0 a 11 11,�Zar7d'. U' WaSt of c;r e asecl (,;:I art f C L --opert.-, i tic: 111-Jin,; -ira;ris, st-reets or „thee P•Adic r ht- of w�,%/ GRANFEE immediatei not.i t h. e ------- i.- � __­­_ -t- - - - _ _y__ _ry - :it` Manaqe-- t•%F sar.r - bus ine3s day. 0. Add i ::.i o n a I C,) 11. (2,: t ion. As p a r t- i a I corlstdc.'ra- for -he Aareemen-, GRANTEE s.hFil res!Dc)nd to all calls from the 11.2 Leqardlinq spilled �)r Lilegal-v clumped was-'e on --Cit 0, r Mcc)rpark Agcric,, rope r-_y within the Franchisc: ­caular -.:'ork 'nfDurs ir, P.T. ericies ri> determ,-`iej Maria'jer, at rtia,­,t, ar.d or i r this, sense, an : ricy" L v r "k-t- c rrr i rtes '.hat i L. is Formatted: Font: Courier New Formatted: Justified, Line spacing: Deleted: (2) In the event that GRANTEE should become insolvent or if proceedings in bankruptcy shall be instituted by or against GRANTEE, or N GRANTEE shall be adjudged bankrupt or Insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of any property of GRANTEE shall be appointed in any suit or proceeding brought by or against GRANTEE. or N GRANTEE shall make an assignment for the beriefig of creditors, and during the pendency of aforementioned proceeding the GRANTEE fails to maintain service levels as required by this Agreement.1 1 (3) If the GRANTEE fails to provide or maintain in full force and effect the workers compensation, liability insurance coverages or cash deposit as required by this Agreement.1 Formatted: Font: Courier New Formatted: Justified, Line spacing: single Deleted: (4) If the GRANTEE willfully violates any orders or rulings of any regulatory body having jurisdiction over the GRANTEE relative to this Agreement, provided that the GRANTEE 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 unless and until there is a final adjudication adverse to GRANTEE.1 Formatted: Font: Courier New A [Te C:. t v w: 11 es I, a t: I d sh (billyle C q a I y e .4 Formatted: Justified, Line spacing: lt efore the. ritF�.\t. hers i : or e r c '_'n(� Pnv: Pr �onmert:. single 1 c,r Cc:itar­,:r*.i�._ 1 ;,r: r r e r v E: 1t, 1. i e h e a t t. r, and Deleted: (5) If the GRANTEE a t e r ,_.information, re-ports-arid./or to •.. ... 96 7� )I e, t iAl I; I S tic h w S t r- le 7E, t C. the LE, ceases to provide Solid Waste ,3 y collection service as required under Ln p 1: r) p r 2. a t e �-i i s v) s al Pr C- "�.cil` ty at I-L,-, expe-ise t,7; the I this Agreement over all or a ity substantial portion of its Franchise i Area for a period of five (5) d ••• [95] EC T T ON 10 C' 0 N- 7 A.I E ?, S Formatted: Font: Courier New . Formatted: Justified, Line spacing: A [Te C:. t v w: 11 es I, a t: I d sh (billyle I- iF! .-I .'-J I I P:.- I- i r I oci_ i'_-) -I f r a 1 1, C n �� a ri e rs GRANTEE,' i. s 1 Deleted: (6) if the GRANTEE r e c; r.% s )_ rxi 'F: to r I e I ' e, c. ' i r. c, F I - --- 1. __ . _'__ _._ _. __ - - a I L P es ci.�- n t i a - - -_ - -_ - - S ) cl i. I W., .9 1- e � I - ­ -_ I � - - "' willfully fails to make any payments ; required under this Agreement and/or p I a c F: d _or I L e c r. i c. n :.I all s ii c h ri iF.� 9 i q n a t c-d co I iec7_ ion ! refuses to provide CITY with required ,_.information, re-ports-arid./or to •.. ... 96 September 3, 2002 27 locations. GRANTEE shall inane dim Tiely notify the City of any formatted: Font: Courier New condition at or near any collection location, wt,ict, creates a Formatted: Justified, Line spacing: single a F e L y hazard or ac ~cessibiIity p Y­-b I enn. Upon auLlhoi:izatio r, by the City, P A N TF may di s c or 1 r i nu e. collection for any s Li c, ri Deleted: (T) Any other actor omission by the GRANTEE which I oca ti%_n uw_ i I t- he safety Hazard a C c e si s i b ility problem is c i_ o r r e c t d GRANTEE ; h il 1 return a co n. t a n e r s n an. 1pr�L - osit "i.on to the apLL,-ax -e 1OCatiOrL Where found E 1C�2 ell; _ 1 materially vio4ates the terms, cdiins r e quirements of the Agreement. Title S. Chapter 36, the Act, or any order, directive, rule or regulation Issued thereunder, and I which is not corrected or remedied I within the time set in the written notice I the violation or, If the GRANTEE coannot reasonably correct or remedy the breach within the time set forth in I such notice. or if the GRANTEE should fail to commence to correct or ! , remedy such violation within the time F,P_r __ -- --TitLe 8, Chapter 36, and witholit an __j. n noise or �L L_A wear and tear 3r daEL-.ge to such -oritainers. Containers small not in any roadway, street, or- block any sidewalk or driveway or placed on adjoining property, in compliance with t' Title 8, Chap--er 36. GRAATEE shal." ri.l.)tify F�,�,siclential Service Pei.-_.pierits c,E the oroper placement and position of containers wh-,.r, a container is r,laced in an inappropriate locat4on and in S I., C:,:, I case GRANTEE shall -, e t-. ii r ri t_-,e c on t a _4 ne r to the iD r o 1, el :: c-: --, t T c n- N ,, t fi c a t ic� n ��a e 1_incll.i��(- the �Is of stickers or tags 1 . - - ____ I set forth in such notice and diligently ( effect such correction or remedy I thereafter.11 11 tc be placed on a container GRANTEE shall reirnburse the cus:-.omer for ar.v ciarrz.qe caused to cu s tome r-owned - con ta i ne _rs bb Formatted. Font: Courier New ;;P,ANTEE.beyond the usual and ordinary wear and tear. Formatted: Justified, Line spacing: . s ngle B. , Specifications. Carts sha 11 incorpr)ratc use of t Deleted: G. Liquidated Damages.% !-ecyc.led cantent. to the miaxiri-Im ext: !rlt possible. 1"le. City Shall —Forma tted Font: Courier New a- Lhe' LYE)C, ��ize a a t. h e r .ov - - er, and - speci fic. ptiysical rc(p.i i ten Ls For Ca r I. s RANTE V snail al .1 be re wired o collect S cl I i d Waste Formatted: Justified, Line spacing: single t rom Corit_i` n,-?rs t.liat� do not. '-"orl [orm :..c) Ci t: t q!j J_ Y., i e n L s Deleted: (1) CITY finds, and the GRANTEE agrees, that as of the C. V Container Content i r. f o r.*11'.a t i 011*1 All GRANTEE- I time of the execution of this provi d e d Ca rt s S ha I he a r ri f c rrr.e tion descr4b' I %g correct Agreement by both parties, it is ------- ------ . -or impractical, if not impossible to oat e r i a Is C' r C e L n coo-z! me t ti, :- I � —us 7� Omer e r t p Lace c e I) '- -1 --- ---- - - ----- reasonably ascertain the extent of ma t e 1, i a 1 s for C-0i lect ion' and t:eyt stating no hazardous damages which will be incurred by . __.�ha- materials ma,/ be incl -.ided in Containers, inc-udina information CITY as a result of a material breach by GRANTEE of its obligations under about P:.0-pe dou's Waste rjisj._�Cs.li Pecyclablc Solid Wastes this Agreement. The factors relating C c' n -:,:I i n e. Y S S h a 1 a did i t J_ r, n Ex 11 y Clay( an s c. a ,, (2 n (7 in q i,.-I fe. rmla t --* 0 r, to the impracticability of ascertaining C i t y S "I'a 11 aperivo a r. d art-,!ork for Container damages include, but are not limited to, the fact that: (I) substantial o --rr.a, L i o: i damage results to members of the public who are denied services or • denied quality or reliable service; (ii) D A 1. t.e. iz!m p 1, y i r il a D_y such a breach causes inconvenience, a i n e r fk iV4 FE F' -i I i a t c e I a E- 1. 1 i P n '. a Ii n P r i. n a ri U I t a 'anxiety, frustration and deprivation of - --- .... ..... . ........ c t ion, and hail mtke A r e ei s oi b i t e, t t o r t a t mi rit the benefits or this Agreement to individual members of the general n t - 1 a i n e r c s t; 1: P at all i b y Geri i w i t ri a I r. s e f i t public for whose benefit this _c at tihe plac-e lid, . :1.i -re s -..i c h c. n a i n e r s p 1 a c e d for c o e c t r) Agreement exists, in subjective ways and in varying degrees of intensity Gf, AN' TE E she -'1 h a rid 1 1-2 Cf.)n t a i ri c r s ar-d lids it,. a manner so as to which are incapable of measurement damage, loss: or spillage, i d s h E, I I riot throw CC:-it:,:1inC.rs in precise monetary terms; (iii) the a f t e ut":' L i I 1 a f. 1 :m at its own monetary loss resulting from denial of 1 services or denial of quality or reliable ex I L s C , w i 1, i ti C., 5 ) W') r Y i. r 1 -0' '1 'j 6 , ally 'Con-ai.rier dainacied by s ervice is impossible to calculate in 3PANTEE (7, = ' A IP'FE s I i a I ' Ira' rit 3 r a 1 Cart �; fre(-- o t I I nCi or 1. ecise monetary terms; and -21 lira` - - - -- - - - -- - - - - - - - -- - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - September 3, 2002 28 Formatted: Font: Courier New Formatted: Justified, Line spacing: sin le E. , 11:ar)ro-,:er Load-ino 0: Placement o= Containers. 'G*F:,WVEE fria -_ecl re tic) "I'll-d'! ]—t. -1rI*1---.S,2-., ;d wast-e (1) tias n-L �,ee n _E�rGlDk• r I _Y Oiide,-11 i r.t 0 Corca i np rs 2) has beer. overloaded in S -�e -i o r has 1-;een comz acled or n c a i ne r J; y_ t -igf ot urce, _3 0 t r W 1 11: e a c� o- d 3:- accumulated in a manner s-'I.Lh that- the S 0. 1 -J Wastr will not, of its 0-wn weight, -all o '-,. t, of the t. �s 1-.J-n s,ich Cov.t:aine�,: is Lurned �,n a I n P- 1' 1, n W 111.s Lde down. CIP i�,MTE'F may also I i.n c, collect -- any Sc)_l id Waste f lie " .. oriLai tie r ill w;i.1 .-.n Lt. i s --a i i i e j has ) e s e -, :--, la c: c d ( '� ) i r i a Location, w L h G KA - --N---I-- -F--, -F-- � a r no t r-ead i v a c c e s s with its ------ -- 01:)erat in-7 Assets, c r (2, :. ri a manner `hat would othe rwi se prorii0it: tne safe, pic!Sup -hpre�-;f .. ---- -.- --------- -- Defew: (2) Pursuant to Section 18. the City Council may, at its sole discretion, 83SOSS liquidated damages not to exceed the sum of One Thousand Dollars ($1,000.00) per day in accordance with this Agreement. The maximum amount of the liquidated damages shall be increased by the past years Consumer Price Index for all urban consumers within the Los Angeles - Anaheim- Riverside metropolitan area during the prior calendar year, excluding the housing component, on the annual anniversary of this Agreement. The comparison shall be made using the month of September ,SECTION 12. REP:)?-TS AND RE,--i -RDS REi--T111--,--MEH1TS. (-'RAN- E slal'. ker.-t, r-ec,�,rdls and arld sut.-inil- rr,r,c,l:ts to C. I 17Y i r C. e, M' a T, r'. 1-1 (J j: u1i -i r e m e, I t. S Add t i 1 I i i r rte -.o suntei t v P r c o, r Y, e 1.) - r 1. 1 t- o n A t .s and • — - � - - --- : — - . - I 1� 1, -I: i Lc, B N ,CRANT7EE coo-oerato wi-,h -!:Ij prc-�.ride all T of a --r by CITY ir, consi-A ar _I r. t or f-:! 0. rin e C r. i 0. n with he 0 r. -e -,,; r a t i c) n and fmcplernent:at _on cr .;ante (--I, e rac: t e r- i -.a I- j. on t, U:l i e.: r., IA., da I- k. i I S j 11 r- (--, C. ,�.e�llj(, 1: i on a 11 d Ize::vI in I F, I em(- v- ( S P R; =') �rd - zaraous rJ - I TY M cal ?C' -e r ' i c:a r -or-, VP 1-1 i 10 i (.e r: r i f i 1t.10n 1 n o rnia t io n, t. r uc- k ir.v--rit: •ry, riiJtlnods, ut-ilizcd LG cQrit,::ir. Solid, 1."Ialte in :.hat fre0wa%,--,, and --rif' )--rraion Uy (--FP.N.TEE in th September 3, 2002 29 Formatted Deleted: A. To rent or leas 104 0 Formatted: Font: Courier New Formatted Formatted 11� Formatted '7o:—RIGHTS OF 1081 Formatted: Font: Courier New f Formatted ."109 rg ted: ............ 1 Formatted: Font: Courier New Formatted Deleted: B. GRANT .. [1121 1 Formatted, Font: Courier New Formatted 173 11 Formatted: Font: Courier New Formatted --cailio I of each year and shall be effective as F. Cortainer aeplacemerit GRANTEE shall prc•,Yido of January I of each year. In addition . the Council may order the termination epa i r and t. e d -)I I e(- t i C'n (—.,itainers of this Agreement or other remedies .-A -* t Ll req.Airi?, in E x h i b.L available by law.1 (3) CITY finds and the �ECTIQN 1-1 P LKNT H I N G AND ADMINISTRATD,+1 FEES. GRANTEE acknowledges and agrees 1 that the above-described liqui 4 t"Y ('1TV on CPAN"I '-:E, for any ... (981 • rmatted: Font: Courier New ,F0 ar'. i c ir-r-,s to Soli �,Ia•t.--: that the CITY Formatted 9i requ r uy law MclY locl -ed i c ra r # --nnen . r e%, i a r ' I a dm] nester e . --- - .11--l- -- - -11-1- Pav SI. t:� 0- I j;::h t o - -1- -- - 'J Forimatted: Font: Courier New j p C, n w r i It ri 110tAFj�-at-i,-,T1 k.,- r,[' .-'Y t GRANIFEE . R N TE, E �.`. ; ", - -- - - - -- - . � -- - -- - . - � It -.. - be entitled ro an ad-;t.is-rrent t:-) tne - - - - --- --- -- -- -- - .... Ra e tuliy re]*-rr.b lrsp I -.! Formatted lot t si-,- n tees. j Deleted: In addition to the r(7— Formatted: Font: Courier New ,SECTION 12. REP:)?-TS AND RE,--i -RDS REi--T111--,--MEH1TS. (-'RAN- E slal'. ker.-t, r-ec,�,rdls and arld sut.-inil- rr,r,c,l:ts to C. I 17Y i r C. e, M' a T, r'. 1-1 (J j: u1i -i r e m e, I t. S Add t i 1 I i i r rte -.o suntei t v P r c o, r Y, e 1.) - r 1. 1 t- o n A t .s and • — - � - - --- : — - . - I 1� 1, -I: i Lc, B N ,CRANT7EE coo-oerato wi-,h -!:Ij prc-�.ride all T of a --r by CITY ir, consi-A ar _I r. t or f-:! 0. rin e C r. i 0. n with he 0 r. -e -,,; r a t i c) n and fmcplernent:at _on cr .;ante (--I, e rac: t e r- i -.a I- j. on t, U:l i e.: r., IA., da I- k. i I S j 11 r- (--, C. ,�.e�llj(, 1: i on a 11 d Ize::vI in I F, I em(- v- ( S P R; =') �rd - zaraous rJ - I TY M cal ?C' -e r ' i c:a r -or-, VP 1-1 i 10 i (.e r: r i f i 1t.10n 1 n o rnia t io n, t. r uc- k ir.v--rit: •ry, riiJtlnods, ut-ilizcd LG cQrit,::ir. Solid, 1."Ialte in :.hat fre0wa%,--,, and --rif' )--rraion Uy (--FP.N.TEE in th September 3, 2002 29 Formatted Deleted: A. To rent or leas 104 0 Formatted: Font: Courier New Formatted Formatted 11� Formatted '7o:—RIGHTS OF 1081 Formatted: Font: Courier New f Formatted ."109 rg ted: ............ 1 Formatted: Font: Courier New Formatted Deleted: B. GRANT .. [1121 1 Formatted, Font: Courier New Formatted 173 11 Formatted: Font: Courier New Formatted --cailio �SE•TION 13.. PERFORMANCE PREVIEW ­_ — Deleted: A. Indemnification of CITY. GRANTEE agrees that it shall protect, defend with counsel .CITY mew con ict an arinual -ev : ew Ln o-der T.o evalu&re the approved by CITY, indemnity and hold level and quality of service: nrovid-F.-d 1)y GRANTEF, harmless CITY, its officers, employees �!, and agents from and against any and A. � CITY, i. n . t s s cl 1. e s.,- r,-� t. i c, n. , m a. y �1 all losses. liabilities. fines, penalties, costs, claims, demands, damages, r e v -* ev., G RAN T E E7.__p P, -r-f -i i - 3! 1 c;:� and q a I i t y c� f s e r v i t:: e. T h e _r e p- o r —ts injuries or judgments (including but not limited to attorneys fees and costs -d by this Aqreemenl� reqardinq custc;mer com laints and al-IN i rc y incurred in connection with defending other ii-i-Formation Determined by CITY shall t;e utilized as the. against any of the foregoing or in L i s - i s f . or re,,iew. enforcing this Indemnity), arising out of or resulting in any way from: (i) GRANTEE's exercise of the Franchise B., if directed by the City Council, within thirty (30) or omissions of GRANTEE, its Officers. directors, agents, employees, day f re r the _r1riclusinn of the nearing, CITY s h a 1. 1 lsSue a and subcontractors and employees rep:..:I: wit`, respect to the adeqi)acy if per Fo rma rice and CILIal ILV Of lthereofinconnectionwiththe se rvi ce F a ny ri o ncompl J. a n c P w:-- t 1­� -1 h i s A q r e eme n i is found, CITY performance or non performance of ch los this Agreement, unless 31.1 S mad dirert GRANT to correct th;,, inczai acies, pur3uant to this 'I," liability. fine. penalty, cost, claim, . ........ _-_ re PIT ent. demand, damage, injury, or judgement is due to the " negligence or willful acts of CITY, its ECT ION 14 SYSTEM AND S=PV_.`CES PEW,EW. OMCM, eMPIOyeI!13, or agen ... (116] Formatted: Font: Courier New TG proy.idE for 1 (,g i c:a 1. c-conorrii,-.-, and r eq u I a 0 c h a, P s in S o I I'd :taste :'o I �L e c t.: i o n , Li A n s I.-;o r,:- a t Formatted* Justified, Line spacing: gle acnieve a cc, Tit in u i 1-1,g , advanced Solid Waste - -- - — --- - -� V., J. I I, Deleted: B. Indemnification of co ot_� t oil a r I, a� r e: yt _-, i -., ct systeri, —L'Le toll ,- J system, S C- r, and GRANTEE. CITY shall Indemnify and P1 1r r 3 review orocec.ures ar%�: herel.-,,,, estat)-i ished: --------- hold the GRANTEE, its offic A At C17,"s soie option, C:TY ma,,� J a meet-in Formatted: Justified, Indent: First -------- _,� o-1r.... -_ __.. - --- - - -9- s line: 0.5", Line spacing: single at : :Mehl GRANTEE shall t, e p r e s e i i 7: and shall p, i r t i c i p a t: e to Formatted: Font Courier New e v W : 11 e R e s i d e r, t i a I So 1 i d Wa s t c c ) 11 e ct i r) r s y s t d • S3ryice5 At CITY's sole discretion, it may ccriciuc,: any system Formatted: Justified, Line spacing: L I single a rvi r N,, E� w C, f F) 1: f i n A services review cor, w.i I,, o rriance De ar-d quality 0f ;as prov i dcd f r' in listed ..................... at,e:lve . C. Hazardous Substances Top 1 , C: S f r, r d, s 1 z�.si cn a . C.1 r e': e a t.. t. he s y- r - e n a s e r': c e s Indemnification. GRANTEE( —ri i jai -- -------- r v e w feet' L .9 Ila I I i. ri,.-.. I ti -,3 e i not bp jrri*_&d to, :3 e r v c E' s of nro•.,icl_ina ne -,.! applicat_4or. of ter 1 -.11 , Ip g_i a n c, s f a t e-r, t he-a r 7 (,quiprlient, ight 3 c. t p r i v , amendments i:c the Agreeme!-:r, oevelopmen!ts in the idw, and net: activi-ie_;3 for meeting or exec ding thin Act's goa-S an ,ccv,ilatory Constrain-s. CITY a ri,J' GP,' N T E E i.r.av each select a d d i r o 1::, s ro d i �; C7 u3s i :t: I y '3y 0 M 6 a r J e 1, -v c e V eV. " I c-, a r G ct x t. y ( 6 s a f e r r e i ic, I o .,.o Ui I— cikf_N'f FE' s t-, d I, J stit)rr, 1, epn r t. (7 T Y i d e - - --------- i.1 I i c I 4d is- cope inn, ran p, a r L a t `or. _S di:,j-)OSQ_ and 1: r'. 1 i -I (I services rev.,f.)rted in S i cr i i f i !. r, U it - ::y , ' .-.adc Jotirnals are I)clr,..g cor,cnor.iy provioed -011 an Onerationa- L- as i s udin,a tests and ir 1:ri*�,Fd wtt-.'� 1 a t, i c"I's y, .0 p September 3, 2002 30 Formatted: Font: Courier New Formatted: Justified, Line spacing: single Deleted: In the event that liability insurance for the collection and handling of hazardous su Formatted: Font: Courier New Formatted: Justified, Indent: First line: 0.5" Deleted: ................. GRANTEE shall be responsible for J complying with and meeting IF--- Formatted: Font: Courier New Formatted: Justified Deleted: (1) 'The CITY, its employees, agents, and officers, are hereby added as an addition t1 it: ari not p r - ' (JeJ r.o CITY; --itifl 2 a tges re c o rnni c. r -. d ed i rip r r. v e 17 Y ar i i, t y to meeT._ t..he goals of. the A;,-it-; a:id 3) ;� i.,j s1)(2, rA c pans f f plc v . i ,7 h a n r.T e d services . by__ 7,RA N T E E ir,.dicati r.q l-.,hy SRt'_.NTE_E believes ar? not fiF�aslh..F? fclr '-ranch . I - - - - - -- -- - - - ON of S U C 11 or a illstif suC Se �Ared 1.- w Or'- cation —1-71 f'oQ , - -------------------------------- --------------------- ------------- B Hot- I a L e Y than s i x t.­_ d'mi v.i of e r tale_ conclusion of each systerr, iai-ir; service rev i evi inee t i ng, CITY may issue a report The report shall in-clude a 1 _sting _of_ any Solid, Waste clol'ectiori, trai-isportatiori, aisposai, and recyclinrT services not the -1 being provided to CITY that a _­ e considered beneficial technically and ecr)iiornically feasih-le by CITY. CITY may require GRANTEE to provitdc. such services cw tYlin a reasona ble time at a inUt-.ially agreed -upon: p::ice. • ------------------------------------------------------------------------- SECTION 1Y;. FRANCHISE AREA -_COMDENSA-ION A., Annual Rate a n d Service _ Charges R e -v i P w . Ail of the_,` cafes a r,..J r - j e.. a L i e i r.-. - t: 11 4 s Njreerient betwee,.i CITY arld G RANT F F s h a I I r,,e r e v i e .wed tied c c i i s i. -aie i : e a bV -, h he City C :, u rl C _as provided for ii Ezhibit: H. GRANTEE is aware of the City's g•al to rrta;.:_ ill I z (3 rE!CYC I i r1t.3 fr'�',rtl CO'LTn-]"Cial Premises and remises. G.--U, N T 7- 1: a,.TreeS �r) ccr-piy with a.riy rate structure ........... -mirie d e. s i ra b_' e rj r the a d j u s t ine r� t that -Ii�� City may d: of part-icipatior., .'ricludiiiy crealrir,,4 economic iricer.`ives in tLe _rates to i:,roirote rec.' c _ r1cl. It - agreed that -jpon thirty days writte,.i notice, the Ci':,f -[Lay modify I ,A-e rate structijre wi.th all annual. of to a rive- percrrt impact oii _Conunercial rTross zeveriiie on GRANTEE. I!o 7 r,a.-ichis-e Fee as iri Title C'napter 346. G.RANTEE shall al_S­' SUNEL-_ AB ('39 fees, F, ; C1 F' _­_*: r.,.;, tem zed ir G. Ti.(' 'crovjsion.3 Se' L F:) r; L;e'()w for Pr ,:lchise -!'ees a o l )1y t�) AB e,3:i fee:'. All fees s`iall be payable t.r. T'f, , oil :A iT(;.'i0,1v r.0 1_a.er :Jhar, the f,ftcer)Lyl x. i'-Ig r-.'-'nth 12 -,i*a,, c� the toi r)".' rr.. shoi�'d t.1- 1"th) fal'l or. :I SW:Urd.iy, _Shall_ t)o ClUe , D1,1 Fr.-Aay. Should the- I : ,'IePnL-L day [a-',I cil 3 Formatted: Font: Courier New Formatted: Justified Deleted: (3) "This insurance 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."I Formatted! Font: Cnimpr NPw Formatted: Justified Deleted: (4) 'Thirty (30) days prior written notice by certified mail, return receipt requested, shall be given to CITY 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 Clerk.'11 Formatted: Font: Courier New Formatted: Justified Deleted: The limits of such insurance coverage, and companies, shall be subject to review and approval by the City Manager or his/her designee every year and may be increased at that time to match the coverage provided by CITYs own liability insurance policy. GRANTEE shall increase the limits of such insurance coverage not later than ten (10) days after receipt of ClTYs written notice to do so. CITY shall be included as a named insured on each of the Policies and policy andorsements.11 Formatted: Font: Courier New Formatted: Justified Deleted: G. Modification. The insurance requirements provided herein may be modified or waived in writing by the City Council u Formatted: Font: Courier New Formatted: Justified Deleted: H. Insurance Coverage. ContemporaneoLf J12 -47 I-- 1-arl a "I -,a-,men-1, shall 1-;e clue oi-i -he f(:;1 _'owi-ig Vor.day. Should the ','I Formatted: Font: Courier New fif7.oerith i.' 15h) day fail or: a 1l 1 day p a yrni., r, t sha 1 1 be due Orl Formatted: Justified, Indent: First lay_ or- 1.�:P �'.'!J_day._ i f E- (- a __ �7Lc-Aid :.Le i. nt-h i. ( 1 H.. tih i a 11 line, 0.5• on F, M'-'nday can wh-CA-: -a hoiidav is l-,bser,..7F ri ID FA y7(Lent shall 1)e due Meted: or 1'ue I. In the event the amount of public liability or automobif—r, -), (1) i�._ I ri of t;,.c- gra,,itJ.Y-1q of !-Formatted: Font: Courier New si it P'X".' t is i eiP kF?S. :.::.le :1 1 C'.1. i.:1 P] As Le fr a I I,- r a c t_ a -im, -,i i s rat or. a r d September 3, 2002 31 Formatted: Justified I Deleted: J. Indemnification in Excess of Insurance __.. C_O_V_ac- (2) the u.sc. Of an•-A e: traord:.nary wear and tear. On CITY rights -of -Way for the_ operation of SDlid Waste (A, I C ' : t i ') '- , t r a r . s ) 0 r., t. a I - to n d L so and r(!cycling I I i c ', o -3, G 9 !�N E shall. ' ,a, CITY T Y a Franchise F., --f ZPANTEF.,'s Residei,!.ial Gross R nu: e re:�,edvcd k.)y CYTY by 12:00 p.m. (15t_%)_.day :,f the fol.ilowina m --h stall k.)e skibiect t-o .irj*_ PIP st and a late fee of five 60-) re s t. rate s 11 a I I . be t- wo pe t-ent (2 11,o v P flip avera(7,e Of the most rec,er,,_ prime rat E.-s c; f t h & t n-ree larger!' banks he ,adqu;lrtered in C-alitornia. as published in :he Wall ..Iournal ('Kesterri Edition) 4r similar It) I i C, bur_ t0 CXCe--d LW I Ve pCICCT)t It 12 per J)_e­ calculated frorr, the f­ ft.eelit.tj (15) clay a t,-r --he end of the mont-h 0-,L t-he, of a d iv 11.o.1th arld the actual rrjmrfP r C, f days ::hat t: h e F r a 11c. h i s e Fees are r - t:, andi no. On a qtjFi .teriy 1--asis, GIPANTEE shall re.,-on,-Ale and s-.ihn` t- Franchise Fee ba1ar,.,-_,Fws owed to C - -ry. I • C.. A.CC0PT:;1n,:C. Of Pavlll -Ir - No Release. Nc eac(_-eptance f.a T �. y pa yrn e r, 1. S ha i I h P co ns I- r 1 jF..,d as r e 1 e a s e .Or 3s an accord can(l satisfac,—ion of arty _,im CITY tor f u r t h e- 7 -C i i7 add-- * t i G ria 1 Sums Pay-a'--le- pur5uant to _he p --olv-, s 1 0-1s GL i S or r( ­ 1, k.P _p p riorni.a n ce )I P rcy, c, ._t..} e - 0 1:) 1 i � A.p. *m osect _ k,y -he roe la1011s of li_i.s Aq r e eme, n t . D. At, n I:Jme oh r any' r� . 19 r) 1,,� z�s t c r -2 ,)wrie r S or c, 14. a 7- a r d, (D s Wastt laccd T� .;l C: C t >n d 1) (1 10 I_ h i i a iri t h i r, e e rw ri L. sisal: I, construed I V i Ii Q 11 9 e t h[ : ( i t - �.:l x1.11 al s 1.1 . SECTION ST P E, T Y . • .�, ropm�nr, p ,� s Formatted: Font: Courier New Formatted: Justified Deleted: SECTION 22. GRANTEE'S Formatted: Font: Courier New Deleted: A. GRANTEE shall maintain all records relating to the services provided hereunder, including, but not limited to, books, customer lists, billing records, collodion route schedules. maps, Act compliance records, customer complaints, and other like materials for the full term of this Agreement, and an additional period of not less than three (3) years, or any longer period required by law. CITY shall have the right• upon live (5) business days advance notice• to inspect all records, including, but not limited to, books, customer lists, billing records, collodion route schedules, maps, Act compliance records, customer '—plaints, and other like materials of the GRANTEE which reasonably relate to GRANTEE's compliance with the provisions of the Agreement. Such records shall be made available to CITY, upon request, at GRANTEE's regular place of business, but in no event outside the County of Ventura.ff Formatted: Font: Courier New Formatted: Justified Deleted: B. GRANTEE shall maintain a method of accounting to the satisfaction of CITY 2fl. 126 — 7 _Formatted: Font: �7ourier New Formatted, Justified Deleted: C. CITY shall have the right to inspect the GRANTE It, _ I ­ Formatted: Font: Courier New Formatted: Justified, Indent: First line: 1" Deleted: 23. GENERAL PROVISIONS h a , C., (; o L; I Qj 1. M PANTI�P _.s I - Formatted: Font: Courier New, Not approve:J tI tliP CILt.-,/ M rd9E:17 ar.d " 1 ly 9 s rjr.,,- t., I P tr) C f TY Sold, No underline TWEt TY -0 Us �! I � C1 DO L I r S _�j f 11 Th 2 0 n C purr: _ID ) -r, a t ve, V a n r C, -V 0 a • e Formatted: Font: Courier New, Not Bold, No undedine f red L from t),�i r. k a I.) e r t i i i i i loo r ;j f: c.m C_ pn S e.j urct y in a t o : in _e 6_h —!T'---" s C i :y Ai tor ney. Thr gush I Formated: Heading 1, Justified, j s i f C, r j mr r c a. t) I I c: r e(i L 'S u e I- y ) shat] be on 1,: Line spacing: single `Pr it aCC 1: r1 b i e v ff,:j r. r and C i At: t (-) r n ey The 1 Formatted: Font: Courier New _ s c , r r a s s o u r fo r t m . ' - . C - f a i 'L I I f U 1 P(_-t::0rInaILC0 i)'j .Formatted Justified flat.:orls n` 1.hi�� -the Deleted: u r e t. s h EL e F. ay, (a b I �F., t C, J'rV upon surre—n-der. A. Force Maje = e. F 128 September 3, 2002 32 -A . . ----:'A - - I Formatted ,term, of yWQ—AgWe-&­ent. Deleted: weight K or any li Reinbur emenQ of costs borne by CAMS" !Formatted to ..orrect Agreement plolatiors not carrecied b ­ 1 y GRANTEE, aster.,,' L�� . - Deleted: oils, fluids or solid due notLcl. Formatted C. MonevaLy remedLes or damages may be assessed Formatted to ITeap1j, of phis Agreement, Deleted: D. Right t a syn of money sufficient gRANTEE shall fers Q- Formatted the Surc?t_v t.G the � �L i�'TLOU t r; the case jjy,b;,,proyir1e Formatted na M_ a new Surety, Othin rhi=7 (30) days after notice from CITY -t: lot Deleted: Entry. GRANTEE any amount has been withdrawn l7rc)m tine :iurer.y. Formatted SECTION 11. FRANCHISE TkANSYERAWK; CITY CONSENT REQUflop! 7, - ' - ' Deleted'. written notice rm • TERMNATTON BY PRA Y71A ........... ------------ Formatted Formatted • Deleted* p delivered A. ORMBEE mcol no- convey _s� Formatted Deleted* B. Independent or dispose of (collectively this Agreemeit, the f ranchise grant-e-d Deleted: to the extent perr Formatted or in paoq iorma&d -Cfit-y�-s --prior whotheF valuntarfly or invoWMARlyj without the Formatted of the City , , QQRy1T--- Any - dissolution, Mergert colsaidition, or other W r IMMU0. E. Law reorqaniZaLion of GRANTEE, except as provided t 011 W SECTiON 17.C, Of i Formatted gale of c,the r transfer c r ­;hat gy,j n cchtrol of stockorother Deleted* C. Pavement Damage. Formatted and, at the MY ..1.. h- will be nji 1 and-RAZ Formatted ,After thirt• 130) calendar days foLlowirCq GRAN .'EE's failure Deleted: 0,11 be resDonsimb to pay CITY any amount owing under this Agreement, the Surety may be assessed by CITY live (5) claw prior written. notice to Formatted 3RANTEE for _upon ;purposes including, but not limited to: I Deleted: CITYsirivingsurf( -f , 0 1 Formatted F.7 A. Fait,.irp of GRANTEE To wav CITY sums due under the-1.4,- -A . . ----:'A - - I Formatted ,term, of yWQ—AgWe-&­ent. Deleted: weight K or any li Reinbur emenQ of costs borne by CAMS" !Formatted to ..orrect Agreement plolatiors not carrecied b ­ 1 y GRANTEE, aster.,,' L�� . - Deleted: oils, fluids or solid due notLcl. Formatted C. MonevaLy remedLes or damages may be assessed Formatted to ITeap1j, of phis Agreement, Deleted: D. Right t a syn of money sufficient gRANTEE shall fers Q- Formatted the Surc?t_v t.G the � �L i�'TLOU t r; the case jjy,b;,,proyir1e Formatted na M_ a new Surety, Othin rhi=7 (30) days after notice from CITY -t: lot Deleted: Entry. GRANTEE any amount has been withdrawn l7rc)m tine :iurer.y. Formatted SECTION 11. FRANCHISE TkANSYERAWK; CITY CONSENT REQUflop! 7, - ' - ' Deleted'. written notice rm • TERMNATTON BY PRA Y71A ........... ------------ Formatted 01 Moleted: anern; venue. The laws • Deleted* p delivered A. ORMBEE mcol no- convey _s� Formatted hvpothecate, oncuMer of ot he E,7- s e transfer "Iransfer"), or dispose of (collectively this Agreemeit, the f ranchise grant-e-d Deleted: to the extent perr under it or any under,ij,inwhole righl; 21,Qties or in paoq iorma&d -Cfit-y�-s --prior whotheF valuntarfly or invoWMARlyj without the W r 1 V ten consenL as resolution 3.s.i:�, n y j r of the City , , QQRy1T--- Any - dissolution, Mergert colsaidition, or other W r IMMU0. E. Law reorqaniZaLion of GRANTEE, except as provided t 011 W SECTiON 17.C, Of i Formatted gale of c,the r transfer c r ­;hat gy,j n cchtrol of stockorother -ovinersh — -2r. c5lifal or e-quity Formatted Formatted and, at the MY ..1.. h- will Wernsts in either or both of Mem, ur any sale or LransEer of 01 Moleted: anern; venue. The laws (500 01 more of Qe value of the assets of either Formatted or both of them shail be deemed a Trar..3fer of t1nis_Lc -,err.crit, the franchise - ysn�vd uWar in ur an`.- - -- WIPLY or dMeS urJQr it. My ...its' Transfer or Acempted Tcansrar of 7his Agreement, thetrar.c.-lise Formatted 7. ii- granted under.. it or WZ KI&I or Jurles undor it made WHOM E.Y. qjyy�S COOFeIL Wi � I be a nwierial nreach of WsAgreement Formatted and, at the MY ..1.. h- will be nji 1 and-RAZ IC6 I ".,Formatted B, j PKY! 1, has no obligat iqq,jq,gj we i�s cqnjtjj. r. _ �,j _ �� ", � 1 Deleted: F. Fees and GmQ transfer of thi tr&Echil—e-g—ra''nt*e-6 cv Nis Agreement .f the City qi Ves 1 LS consenn, i V may i npoL;n �nndi i ions, Lnuludinq, without Formatted 1 W :at ion, ri rg of yweydq�,-jl.s :.hi s Acreement- 'Formatted Wi � hcut ±n—W"W Lts cOns", t"Ir' PfOL'OSQ Deleted: a" annually trans Earwe of Transfer rjsL damonsLrate to the C. i Ly, s Latisfaction that it hay he opeiationaL ana financial acility to Formatted ... pyLfor m QW-1501-6f this Agreemont. F.Tated ' Formatted iC. GRANTEW s internal reamanizatien snail Lai Formatted Formaw rL Deleted: H. IdentifiC Formatted September 3, 2002 31 I I-ForTatted- Deleted: (1) GRMC::jj7W con' i t.lite .a I- t any C P ',I t T',' ri sent the r o o r a a n 1 a z i c n is 5 1.j j I I a: I F'rior to any i n t e rria 1 r (I'al I i:� a '_ j. ()I I An internal rCl) "Q 71 L V.a _ i on '. ric I -.1des any -hari( - ie I Formatted: Font: Courier New in conr_r..).! of of the v,D1..ing �;'.ock- rrv�ouqh �_ts to .... ..... . . ..... ..-. - '..I Fo ..Mtted: Justified, Indent: First ar-. affilia.`e c-f CQ.A'T7_'-_E, or by cperaZion of 1�-iw. Any reqIC-St for line: 1. . i r, t e , r: a -1111SI. SLJYMLt.i,C'd to the Deleted: (2) The GRANTEE :-�Htv r-fanaqer, nc Iless tnar, one 1-:1.indrPd and twenty (120) a a,,, '9 shall provide a list of current r i f.)r 7:0 t'1! pi:-op()sed e t f C. C t _ dia t C 0 f 1-1 e riterrial employees to the CITY upon request. re'.-irqan.i zat- i.on. ,hill f-z!;mrtirse -or a o s 5 o rejiew t:-,& rer.],�est and �o det-,�.-rmine it it. is an -1-i-trernal Formatted: Font: Courier New cit.y's cxj "ISC-s May illcll'dfP' Hilt a 2: e _lot. I ].r- L e d (Formatted: Justified, Indent: First Z a f f C i i- At L o r 7L ey and AC'C:�,) J rLt-- -i 11 t f*'-� e, s Find Cos t S . _y._ __ . ',' :1 lin : 1 Deterrr.inc3E__:_6r.f)_V �he Citv Manager shall be final. Anv . catzempt to '! --- without L h('., cunser.t O` Cj'FY Formatted: Font: Courier New s i;2. -1 c on s J t t-i -' e a it a,� e r i --j I b r;--? a -C: h L.,kis Ac -n,p lit ...I Formatted: Justified --- - - -- - -- - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -- - -- 1 Deleted: I. Employee D. , Righ4.s City I n E,,,, -, i i i: C' f C r'.� ai 1) Mi sconduct. ; I I Appearance and Conduct. I N(,.tw,jthsta-idir,q an%lthinq in --his t, the contrary, vrte Formatted: Font: Courier New _Aqreement ,-.itv shall have the righl: tc terminate, this Franchise Agreement if any offi-cia.1 of GRANTEE, or ary associated firm or entity, r.'! Formatted: Justified inc'uding but: nl:;t limit&�-1 to, any parent or _qu_-sidia.ry__company Deleted: (1) Employees of i jvc) I v�_, rA w i t h t 1,.c2 pe r o ri-aanc e or' adrii nistraticr, of rhe Franc"nise ";`1 GRANTEE working on vehicles shall Ct_,:�,i I Jr I e (I u : -1 y no].c, cc;nt.ende.re L...) wear standard uniforms. Each a feicriv rela 4n tc; -his Aqreevnent. In adait:ir)n., at: she reglest. emp4oyee shall wear a patch displaying his or her first name on the of th Ci,ty, (_TAN'TE:;;, shat _- ensure any officials c'-- GRANTEE, i front of the uniform. All employees i Ls i e n -_ n r s 11 b s i d -," a r y c. 1,n iy r, f ci.als w1io aTe convit: ed of, who may make personal contact with - I ___' , ___ -, ____ 4 ------- ----- - -- - - rDr rlead quilty Or !*jc)_LO coil tc, . a fc-lorly w lr trle or ncit I customers shall maintain at all times as clean and neat an appearance as the : id lt i i'l s t r a t i c� i i c L� i r: r em .meat) si a e m e i " ( I a U - s possie.1 b Cron adm:. ni s L r,4a v(, ma n a ger a L r. r a c v s rear 1) , L 0 Formatted: Font: Courier Newer Aq r eem ent Formatted: Justified E. GRANTEE mfav terrrtinatk�- his Arjri�-errtent only upon k)ne Deleted: (2) Employees --!y hl_-.ndred cirghr-y 183) dciys r_--tte:l r,c)--iCc- to shall use their best efforts to avoid causing any disturbance or interference which may annoy E CT 10N 18. VitAVH' TRANS F'ER -'FE_ customers during the collection, transportation, recycling, and disposal A. An',' a a n Or f r a r', s­ r a i i S I- r, S I I Ej C of Solid Waste. Employees shall ma:jr j n a r.1 t,�-J I)— t t,, Kam�3F'Y'. 111•? ar"''Jca' Orl receive training to identify hazardous materials which are not considered a_ L lllcl -_Ijc a rj 0() C', t!�, cover ti -,e 05�: ir u.- e cost� 0. Solid Waste and, therefore, may not ex-)i_,ri ses, i ri:-,: I u a I r .-3 Sr_aff' be collected, transported, recycled, or ,7(-n c-lil t ants' a n (i at t r t-- E. ys�' , r e as r. a n k � r red disposed of by GRANTEE.1 _%,, �� t no a p p - .-ty ccosts -d by the ':id��:*.�U_;itol­ arL-�tlN 1 ca t r) F. A' J. Notices. All notices c) 0 h 1 k, F r r n hJ rse A 1-y In the required or permitted to be given r i t h z'i t t: fie C_TY C, 0 3't,-. r are le 5s t: an under this Agreement shall be in RAN T_F E writing and shall be personall y delivered or sent by United Stat es certified mail, postage prepaid, return B Upon ppr(7,vFe,d1_ Agreement, receipt requested, addressed as _,]RANTEE I r) a v c, C ' T, ra r, C: r. aau'llilt. C", .0".0 or. j'Je follows :1 e r, ve ri',­ I r t- 1) P a s L. t ,-i (? 1; e M,,- ri s Formatted: Font: courier New Formatted: Justified C These r r a rc 'I i s2 tr a i-r t e i, f, r P 3 e1: ,rid ab)­e Deleted, To: City Managerl ri tLis Aqrcem, :It ard steal ri.,Dt City of Moorparkj 799 Moorpark Avenuel pas`;e.d or _2 Fe.s i., j C" r: t . a I e r. R (% C I- S Moorpark, California 930211 September 3, 2002 34 D. The amcunr of the frar,c•l,ise' ranster fee shall 'be adj lsted annua =1y at the sar,t - :arc :cn :a . :as t the annually apr_r�,ved- customer service rate:; under this Aoreener.t. ` -- ------------------------- --------- ----- -- - - i _ IOPI -19. _IMnOSITI,DN' OF DAMAGES 0. _ERMIIdATIC J_ -' A. If at ar,k tune the Cite Mana!1er determines that GRANTEE Is peerfo7Y -i ;3 _e r)Ursuar :�: to tl':i.s Agreement has r :�_,t been in ( n'C+rrr,it iy Lite �' OV= ions L this Aareemerit, t :he _With requiremenrs of Title n, (,ar?tr'r :b, re "Ulrel(Ii1r1t5 Of the al fornia Intecjratr_'d Waste Hariacerrient. Lo"r'd, iricluding, but riot I ilru teJ to, requi _E,inPi - ts ` ;r sou r re:iuctio , end !:PCyc. Linq or arty other applicable federal, state ) r local law, rule or _ .f e?, lat_ ion, includina, t-ut !'lot. I ir`t'. t ?,J to, the ' awS COVE rrtl.nC1 transfer, storage or disposal o- Hazardous Waste, the Citv Manager may advise.. GRANTEE in writinci of such defi..._encies. The 'it:,,/ 1.1anager shall, Lri slcl w i -.ten i .stniment, .set. a reasonable tiP.ie 'rllthln Wh]Cn c- rrect_ion of all such deficiencies is to be 3. ,(Inlrss otherwise speci fuel a reasonable tune ,for•;: :orrc *e - tion shall pe nth i :ty ('�U) days frc,ir the ,rec-.eipt k;y GRANTEE•(`. of such yWri t ter no+. lh ` i i1ar._;1er ?h �] I rP +, iew r' e ponse and. rarer, the matter to he C-tv C_oursc- 1. The City ou,iCil shall conSt.Cl_: sa]d spoti;( r:''t 'eater than si.X'_y (60) days from! GRAT`TE_, S r_..r- t o. ,it, •iar.a er s writter, referral and meake a detcrjri41iatior' oil tLe Matt '�-r within t•r:irt y (20) days from It first. be :.iilc :) placed o-, the Ci:.y Coi:nci.l C. , The Ci t,, G -uncil shall a_vc _F.i,7TEE, and any ether ' 'r ' j error rec 1_est 1 rid .he same, tell (1. lay., Writ_ en rot i c t- of the time and pdace .'- t} t he? ing o cor,i -de-r G-F EE' , ap 'Pal. At -- -- — tL:e nearinc:i, the City Corn i1 steal: coils d_�r the pn! :L o €' the 11.• Myna er i ,di,-at i ,q t 1P +Jrf i c i?r s. .d s i:�, a',hal c,ivp (,R)"CJ 1(:E, r t 1r:d lt., rr�.L' :r- .,i.i'1_1t�.e5 .]....: ,:.1:1 ter lltter.'StLCl pC.r5OIl, _& oun) = tr,ity L' let'' .`l. rd .. D. Essc i on the c;ri�ier.c r rc :�c..it e i, -h• i _ ; c u:ic:il ,+ tca' etr,.-mi.rie lJ; r.;'S' :•1U1_'..Gr -. '•'ti'' -.} :c, r' C) r rift � - "Iis i- :�_`CC'.��h_r'.t. •'' she - -iid K)e t_erm.lnated ,)r i,lc ?I'ld!iir l:!pcsed Gr is I- :OCice to Cure •� ' ac•d. If, basc.'u up3ri --lic, tl.c ..it••/ Cour'.C:ii in itS sole f Formatted: Font: Courier New Formatted: Justified, Indent: First line: 1" Deleted: Copy to: Moorpark City Attorner% Burke, Williams b Sorensen$ 624 South Grand Avenue, 11th Floor¶ Los Angeles, Califomia 900171 Formatted: Font: Courier New Formatted: Justified Deleted: To GRANTEE: G.I Rubbish 1 P.O. Box 6471 Simi Valley, CA 930621 Formatted: Font: Courier New Formatted: Justified, Indent: First line: 1.5" Deleted: 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 received and effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail.l Formatted: Font: Courier New Formatted: Justified Formatted f 1761 Deleted: K. Saving ... f 1771 Formatted: Font: Courier New Deleted any reason Formatted: Font: Courier New Deleted held to be invalid - - -- 178 Formatted: Font: Courier New Deleted. invalidity or unenforceability Formatted: Font: Courier New : •. . 1 r I . i n . ;,, r '., r I hi ll I '1 , 1 S 1 n � trr-1 h of any r((it" i i rJ11 )l, or t`lls Ar1reerrent Cr dr.' ' leted:provisionshallnot m,,t _ial t)roVi_.1G.1 of .1i.y .j�rj,li -iL -1_ fide ra -, state, c;r' local _?w, Formatted: Font: Courier New f191J 7 „] e o r r e qu i a i oi,, -i rid his no r'. hE e:1 cc r r ".:'. e. d ,' i '.'n I r h,:? Lme Formatted: Justified "°. :'lflr..cl 1:1 tl r ....:1t�ti A.. �r `efiC:'ient J, --he C tv + of n.,il 1i1 t} :r - Deleted L. Joint Preparat r 11 i =�e1e �1 r ,•i, � :I�• to r �ir.�.tc ur h. i..h ,:l,ls ., _. rrrnent o ircL se tl�ma• �_ , 1Pf :1�1 lcr•. , c) i ..i t r :o :.iCP Courier New 180 Formatted. Font J K _ to cLr Trr ct( i ,i `r: of thc- J: its °:o.ir :il hall be fianl ar ! Formatted: lustirled m/ - -- c:or:r ll:sivc s r:(2 a i(�'r l.h r,yr :icmeri'_ -ia1.1 riot !,-Deleted: - T_ s he t3iO'..1sF .: .iilr n i t[IP e _t +tt ;� sir P rI: Gr tG : }lc .,l t' :il1C C 1' s _ - -- -- -- ^ --- -- - -� - =- - - - - - -- y — - - -- '� - -- M. The provision ..r f 1 1 fl[lal Cleti]r]TI1R %a '_1 ^r, aS LC '::l', t}.e_r SllC:l: p� Tr )rlr:allC2 1 ^_,Cfi� :lr_'at, Formatted: Font: Courier New 1 1 - -- - l " Formatted: Justified September 3. 2002 35 September 3. 2002 35 !,. This right Of ".Prm' frar::iofi and t: apose damagnes 1S'1 ..- 3 ght c., .__. -_..._ l in addition to any _,other rights that may e�:Jst pursuant this jUreement of CITY ,Jporr a :ailur:e o` ,GRANTEE. `o perforrn its', o 'l i gations unrlPr As Agreem� ent. � �Ir F., T respe t iae c:f subso on "A" above: CITY fur-her reserves the r_ ht. to terminate this Agreement ano lrn osE damages .rf:�''.. ' In t ha event of anv of tl:C fc_lo-.1 .I , each of which shall be 'ra,, deemed a material breach of GRA'J r l 's otrliclations under this :t F!;rr�mAnt: ' ' (1) jf GRANTEE practices, or attemcts to aractice, any fraud or deceit upon CITY. i .3 e event that GRANTEE should become l r :ol. vent Y :,r. rf C�roc:ee' inns in btir'. u; �-c�� shall be inst::ituted `,,J by .,r _aaain�t_ .�FANTE or if GRANTEE shall be r.ajldged har "; t�:�T ink ^'ven *_ - -b" any COurt ,. —Or if a receiver or trustee in bankruptcy or a receiver- of any property of GRANTEE shall be appointed in any suit or proceeding broulht by or against GRANTEE, or if GRANTEE shall make ar assignment for the benefit of creditors, and during the pendency of ` 11 a f orenert or:e� !.;RANTEE rails to - naintain W i1ce 1.evN S as required ) � TTV AC CPPmCflt � (3) If G- RANTEE rails to provide or r:aintair. in full force and e =fcect, the workers compensation, i i abi ': i ty insurance coveracles or cash deposit as d ;I required by this Apreement. , (4) if CFANTEL tyl_ anl._____orders or � 1 rulings of .r:y reg;llat o body having jurisdiction ' ovor SPANTEE diroctly relating to the cerformance of � iGAn,.l` -'F's ch inatrc ,_, err ay hi.s AqreemonL. provided that iRAMEE rr!aV =Q sy any such orders of rul ru,s by al r>r p i jee proceedin js crnducted in good fai.tl•:, in whip .yy pq breach c_ : hl. P3r.eemgnt shall be deF rr.. r.a ✓e nc•: W ed A f Ass and un _ e 1 t1 rP is a fn;ei adl'.r•lL.-atien 9v ^t >� kANTFE. (S) IC r;C W;E; C: C_ s:_ j ; ^]aSLe -- — — •_oi le_ :•'_r',q s:. ::: � s, _: ed under this . <s r, :3- :eement. -jver at t a s'a :,-:t.lr:. QI porLion cat it I�'ranchise Area r a fir; iod W l ,•rel:e arKinci from in ovenn of Force b[a;�ure (6) ;f GRANTEE willfullY _ai_s to make any payments i.Irc:d .iri,,jor this Acirecment and /ur ref,lses tc proyi cue- CITY wUn required - i nfurm ion, repo f ts September 3, 2002 36 , DOOM: N. Deleted: Contract. No waiver of Formatted: Justified, Indent: Left: 0 ", First line: 1 ", Numbered + Level: 1 + Numbering Style: A, B, C,... + Start at: 1 + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25 ", Tabs: 1.25 ", Left Formatted, Font: Courier New Formatted: Font: Courier New Deleted: provision of Formatted: Font: Courier New Deleted: Contract shall be binding unless agreed to by Formatted: Font: Courier New_ Deleted: and Formatted: Font: Courier New Deleted: and executed in writing Formatted: Font: Courier New Formatted: Justified Deleted: O. Captions and Headings. The captions and headings of the various Sections and Paragraphs of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof.1 y Formatted: Font: Courier New Formatted: Justified Deleted: P. Duplicate Odginals. This Agreement is executed in duplicate counterparts, each of which is deemed to be an original, but both of which together shall constitute one and the same instrument. Tf(- �1g2 Formatted: Font: Courier New Formatted: Justified Deleted: 0. Integration. 183 Formatted: Font: Courier New Formatted: Justified_ _ az Formatted: Font: Courier New Formatted: Justified z Formatted: Font: Courier New ) Formatted: Justified Formatted: Font: Courier New Formatted: Justified � Deleted :•m�����' A and/or test results in a timely mary;er as )rovided in this Agreement, which is not corrected or remedied within the time set Q the written notice -of t lie Ea! I u re (or' such add i L i C, T L a I time as reasonably required, r.: Cannot reasonably correct qrremQy,A"t,Qe.ac.,1 wir-hin the t_Lme set. no ice l r,rovj ded that 'G P. A N T E E common .,es to corr,cl,arrevedy such failure within tie time sot forth in such notice and tL_Lge: LY pursues such correction or remedy thereafter,. (7) if GRANTEE fails ':o anKieve a 500 diversion level. For the waste stream within its i-'r a ric h i s E- A r e- a- WITIted _s Agreement and mmercial Agreement as a result - of — its failure to make reasonacle efforts to mazimize diversion in accordance with the terms and conditions of this Agreement, or is in breach of the requirements of ENMM 1, SecLi!:,r, 5 aY.ed to waste diversion, following a determination by the CIWNIR or the City that: the City has failed eDr will. Call 1-0 lne.et its Vversign anals. GRAWEE shall have an opuartunity Lo ouip His Vill? 1 A o r-o — ac Fi Within file - t i M, AWAR- by -the -C WMB.,--- _'_ pr_�.4_tytas pc__rppriate. See _!L r also SECTION 22.0, below Formatted: Font: Courier New ,-Formatted: Justified 4 Formatted: Font: Courier New Formatted: Justified, Indent: Left: 0 03 r (8) Av of act or omission by GRAY-EE which ma t e r i a 11 y violates the terms, conditions or rte y1pevents - Of 30 the Act, R any order, al sect ive, rule or regulation issue; thereunderf-i-and which is - not corrected - or Amedled withinthe time writtP n n_o -iice r1n�.t re so�,a 1,) or, _f • corlect Or r erriedv t h c h,. r e, -a c i thin the? time sY fc.,._:tL in such notice, -,r _f GRANTEE siould fail w aammcnce tu currec or rcmady sLch violation w0hin t.=,e L,_.ne set Mrih W such n.oti.,:o an; diliqentl e7fecz such 2orruchior a, WTQY,jhy;eaF LP. r. V _14juid , at - d - 0 . ill ze1P t. -------- --------------------- - ------------------- --- - d GRMUEE agrees, that as of the 'u__ __ " _­._ ­­__ ___ ---- ---- ­__­____________..__ ------ ­___ - l , e f this Agreement by both time of 7hp e x e c 1,7. part ics, it is impractical, if not inipossible to re: 5onablv ascertain the entent of damaues that will be incirrcd by CITY as a result of a material breach bv SPANTEF M Us obliqa7ions urder this •lreemem. Tim fac4ors relating to the impraULsabiMy of chi cerL Lging not ji.r.11ted September 3, 2002 37 ",_Formatted. Font Courier New Formatted justified Formatted: Font: Courier New Formatted: Justified to, the fact that: (i) sut)staritiai damage res--ilts and cj'�privatin-r-i of -0-, of this Aqreernent tr.) (iii) fte monetary loss resulting from denial of services or denial of �71-ialit:v or reliable service is il[LP.O�F.Sible to calculate in precise monetary terms; lihe �.erriina.tion of this Agreement for any Formatted: Font: Courier New Formatted: Justified Deleted: CITY OF MOORPARKI ~ -�- '.' (2) I8 i Coi-incil may, at (3) � � i this tbe Loa Au i An b i ni ide metroro.-Iftan area scldi1,ior.^ --tie i ma order ��e cecmi a�i nt �his �gzee�e�t cr yt..hec reoeJies a ailable ry l CITY f7iudo a-id k ' d all of 2-he Said l d c^U rjamaties CP,A'.,,,T-E shall pay any 1i,,-tiida1ed_ damages assessed t'ne Ci�y Couric-il with4ri ter, (101, clays after tL-ey are assossed. If :lie, ��- orlo,r I Formatted: Font: Courier New Formatted: Justified .' Formatted: Font: Courier New Formatted: Justified September 3,2002 38 SECTION 20. CITY'S ADDI7:0HAL REMEDIES. J11 iddition to the remedies set forth in SECTION 18, abf.)vE.,_ WIVY shall have tne following rights: A. License rher Solid Waste. Enterprises. The right to lice n nse of -.,.hR services otherwise t C, I be der d--b---fffjTYf,--!n the event ANNAQ is in rLaterial breach of its duties B. Both parties recoanize and auree that ir. th,�, of a breach under The terms of this Vreement byG3?PAVVTEF, may suffer irreparable injury an! incalculable damages sutf to support injunctive relief, to enforce the provisions C) Aureement. and 7a enjoin the breach thereaE. event Lent. this C. City's Dwu.aaes for Failure to Achieve Diversion— Go a., s GRANTKE aqrees that its failure to achieve a 50''- r s i gn d stream within its Franchise Area collected under this AqrE'.Qr-LeT1 a fn(- Conacercial Aqreempnt ari sJ. ng_ from its fn lure to make reasonable efforts to maximize diVeYsior. in hi C� -1 S S Agreement, or its breach of ;.tie requirements o= WiWit 1, Section b Wawa to waste divers i qn,,jQqQ,be a material breach Board were to Wnuse adm&is-rdti-ve civil penalties against 'City,' the City's dana7,in.-s for '7RANTEE's material breach in its failure to achieve the — diversio—n -goals for the City within its Franchise Area as reguired by this Agreement, shall include, but not be limited to such administrative givil. penqjq?ty,,Qt2rney1' C - --S—r�d --- -*---- . 0. S t a. and, City's staff time devoted to the resolution of the administro0e'er qivij.pem ECTION 21. VOETS OF CITY DURING EMERGENCY. A. Should (,RANTEE,fyr any reason Watswever, e :c e:; t, or existence o: aEy A the events or yondWons set torth in SECTIQN "Force Ma e] pelaw, fon,p, pqti(.•c.t ve -)f -.e, z), hc.�Ijrs' refuise er be ui-;ablo col.qu a ma�erial p2r0pnor all of Te ResidenLia: SWW,Wxvo. under as ia KnA6, Residentlaf AQW-Wasib hoWd-AcKATTIT in 0 t to TWE ar wxLent,,)n_qnch a nanner, or Yqr s.,ch. z ime tha:. t.h! manager in one relsorible exerAse 61 VACIN -Ahnager's discryLion, sLoold Pnd hKaL such aucumu:niun endan-gers or snknj or wol fare, then Cikv shall have the riot to ccniraon with ancther sclij waste enterprise to collect and trarspuni anv or aA Fcsideu:al Solid Wastu which CRANTEE p_qb-ina7ed t no transport ;0 "his 560denfial Agrecment, hu7 which SPAMTEE is unable K-0611561–ard t,vnsnw,L. shat] (24) hc•ur.s orior written nozice to CRANTEE during Ine such me Sepiember 3, 2002 39 Formatted: Font: Courier New Formatted: Justified Deleted: By Mayorl I ATTESTJ Formatted: Justified, Indent: Le 0", First line: I", Numbered + Level: I + Numbering Style: A, B, C,... + 1 Start at: I + Alignment: Left + Aligned at: 0" + Tab after: 0.25" + Indent at: US", Tabs: 1.25", Left `Formatted: Font Courier New Deleted: Clerk Formatted: Font: Courier New Formatted: Justified, Indent: First Me: 1" Deleted: GL RUBBISH Formatted: Font: Courier New Formatted: Justifiedi+ befn e connraczina c• I h another solid waste enterprise Lo c.ollec t- ar:d transport any or all F.esidentl-il Solid caste which GRANTEE "Iou'_ :_i otherwise cc -lost and t I _ -t pursuant to this Residential Agreement, for the durat .or. of the inauility of ``Formatted: Font: Courier New GRANTEE to provide such services. I'n such event, GRANTEE shall 1Formatted: Justified, Line sluicing: ide_]tifv sources from which such substitute Solid Waste services ;single are immediately ,� –1 1a le, :roil ha l reimburse City for all or � Deleted: i its expenses for such substitutt>_ servie:�,s. BY —1 GkrIIiI:E: will- assist CLty 1't he event of mn;or Rs disaster, such as an earthquake, storm, tidal wave (tsunaml) riot � ----- SeCOM8reak(Contlnuous) ---- -• by prC:Vld.l iC7 CO1 CERTIFICATE OF Gr Ciy.i1 di.s;urbance collection vehicles and iACKNOWLEDGMENTI :1ri.r:F'.rs normally assi_ilnefa to the My, at the Conmierciai rates provided in EXHIBIT "G" GRANTEE shall cooperate with City, • Formatted: Font: Courier New county, state and federal officials ir filing information related , Formatted: Justified t� �, rrsir_•nal, _ate or federal_' y -Ceti larpd state_ of er,_lergency_or Formatted: Font: Courier New, Font disaster as to ( color: Bla_ ck _ psuant —_s Formatted:Justified SECTION 22. INDE INICI CAMON AND I SURANA. Formatted: Font: Courier New, Font - -- — — -- -- color: Black ..- -- - - � ----- - -- - - - - -- --- --- - - -- - - -- - -- - --- - - -- - fFotmatted:Justified c= F'AVTEF a• re:es ghat. it stlall. ir_�t.eCt, d'_�ferld, 'nci�anniy anti ho I n ha r m l e s s L I 1 1 s e l emed, of t 1Q, i ri 1 S, o f f C e 13 r__ "'.E l�'P. P_ , t Deleted: State !t 1'ant�E.r� aI]d cCI.I t _rent ire 'ad�1nst any and all I osses, Formatted: Jdied Indent: L ft' J ibL1ities, fires, penal ties, cla ms, cl'Irla es, '_rabili ie Or 0", First line: I" Numbered +Level: I`– gments, 1nCludinq ratt -rneys fees, aCjs..nQ oiJt of or Ie.t.k104 �1 + Numbering SWWA,B,C,...+ ir: any way frorrl City''S Grant of this franchise to GRANTEE or iStart at: I + Alignment: Left + GR tNTEE's exercise of the franchise, unless such claim is due to Aligned at: 0" +Tab after: 0.25 "+ the sole r ' : ' c Indent at'. 0.25 ", Tabs: 1.25 ", Left o_ at 1`• r r.e�l_igrr P � r willful acts kr.cwil-:g W io.aEior; of _aw of _ o f , Formatted: Font: Courier New, Font !:he i t y, _ t 5 1 C t e 1 , �ar:ent of or.trtic_or�• color:BWcdk , Deleted: County of A. GRANTEE, upon demand of the ; ity, itade by and•„• ss. On this _ day rYro.�aY the :i ,t.t7 rt:, hal' r r�; t lt.1 qnd a 2eI in ar.d or ,in r_ _._. __ } _. _ .__ _ _ _ _ �J _ '_ �_ _. its ec n F .lefFnd the �.` r.y ...]d lt_, e_._..ted .. _fl._la�.S Jf_1Cc•r employees ', j Formatted: Font: Courier New, Font ar.•:i aaen`s, in any claims cr actions by third parties, whf'.'-her color: Black 1111 1.z1, d[I ini rat iv ^ or r:]tY'Hf,'1 ,_r :nc'l 1C11n9e bUt ',C't i1m t:P.d_ Deleted: year ,before me tc dlsl'utr'S An _ltigatlon oy!: He d firi_lons of SO 1C1 I,dB t° "` personally I. or "Recyclable Material" or the 1 imils of !.l y'° duihor'ity with 1AA appeared respect to the gran' of 11 AI:Sc 3, ^L igrc el en S, ?X 1l:S1 ¶ personally known to me (or proved to otherwise, assertinq rights under 702 d- .)_I['ant Clause or + M me on an',' otf:e;r fedora" or slate ': aP:s, l t Lt:d nr„ but. not l smite i tc t Formatted: Font: Courier New, Font r-l:e - caw s :7inil ° is r it preeE iption under the Federal AD! A lOr, ANnini t u* o:'1 *1 t for i z&KoI Ac Gt 1 9 a'i r ar t/ v Yit'r last i L h L PS iH t. ::O t `ie ro Ste' 1 o .. C d Waste se: v 1 Ce : , :r]_: es Deleted: basis f setlsfact ry _ _ _ . — evidence) to be o 0 ar 1 11� ir.�n i cnc z; [ flat ol, or 1 r rri11 ul miscor nilct . >y _ - _ _ _ - _ _ __. _ — _ 1'h.t� l;r'ovls:or: shal. = Lr�.,.I ✓t_ the Expfrat 1 u of tt:c Formatted: Font: Courier New, Font -- color: Blade peEA �ci dun n l which of Lect_ior services are to be p OJ_ qj rider �.� _ ,_..�,•. �_ – __ _._ I _ _ __ - -- ( Deleted: person whose name is t.l i,Clrarl._ir�lc Acrrt_�- .nec.t ley 'an.i gr ?�:T � �qre� to �cnfer following any _:_ [ a' to Yee' de ja i r i l'y whether t :o appeal or to i subscribed to this instrument and tie 't facknowledged that he(she appose a[nyappex. l ] eve City and GFP11E c ntly actree cc a[y t aliree to FOrmatted: Font: Courier YNew, FLL o-nyj t appeal, or to 0,1000e peal, C7, a � d share: equally t_r<e c,sts c,E ,ppenly. Should either City or color: Black Deleted: they) September 3, 2002 40 G RANT E F C c I G ie i'de I � o a a I , c r t,o oppo��e. an_ a ard the c­.her ------- -FE ,ie-,:. c. not to appea or to op,:;ose ar; appea., the pa c c9 ;2c:i_:Jes -7o ar-peal, or to mppr_•se an apj:) , shall bear a';'I. fees ard cost�s c,f. '-he appea.1 or the oppo..slti.,-.n to the appeal., Formatted: Font: Courier New CITY sisal:. indemnify u B. I r, cl emn.i. f c ion of a r. d h c, Id G RA NT E E i �: S t 1 4 c e s c. i r e c t c) r s emplovees and _F_ __Y_dle_i��_ 0 —1 a rm e s s f from and a a a i yi t ar. y and all 1 a bi 1 i t I' e s (jal, q, J Ej 4 M of f -..a- C C Out not limired to att-orne:v's fees anci costs i r*: c.1 r r, e a 3-11 co n r L e c r- i,,, n v:i th de-rendi rg against any of the ni (jr in indem. LYLarisirI('_ out —or or jag__ ies'..ilting in any way from GRANTEE's ezercise of the Franchise, but. or.,.y if dur: t.,-. the S(Ao r'r active nt-;jI..-'_qence or willful acts of CITY, i!:s rf f 'icers, or ajents. C. HazArdt"is I iderin j ficat ;or. GRANTEE shad protect anc, hoic, narin.ess City, its elected officials, officers, emp1cyees, V01UILteers, agents, as . . s - cssors to City's interest: ffOrTL ar�cl any SLC�:essc,, Cr or su,-,,. anA a"4ai-- l-'-s---- alL ciaims, actual Jairt, jes 'inc-uring but not iim'ted tc. dartages' , natura-1 resf.)urces ciarrages, u i i C 1 v e a a ma. LE.:. s , i ri U I- I (I S I c ('.'3 t -S , res,,-)orise, rented: a L i or. and lemoval costs, iCSSes, demon..,-, aeots, _jer,S, I i a 1 4 iities, causes - U1 ucti.ori, su1.t6, legal or nrc.cccoirgs,, interest, char: es, ana iii:c__-udiriq but nt limited _0 att )rneys' andJ w t r, os s fecs, and Costs iricur.red in defer­Jirq ary of the fc ricl C, f in irmerr.rj._-'.t-y) of ally k.'nd ii.rharsoPver paid, I n c u r r e d c, r suffered L) y cr asset -ed aga_nsc, City Or its elected Or �7 Z (-eri-- ri m r dez,(_;xification, or r a . t. r b ,, t b, I e tc; anv ye pair, cleanup o preparation and imp 1 eryte ri ta t i on of a r y removal, 1, r e m ed -i a 1 , or of whe.-,.her urlerl-ak-er, 'er a,­ion) concerl'11'1c� -.I!l '1� J G e _iZiar-dous-waste In 31 "1/ . I L o J .,v _"RIIIINTEF f).1 °'S I -_o L 11 : s C "wrtl_ r;_"! a I :S or t) ri i. r e(1, t. r 6,-.. 3f e r t EA, F r s 3e d, '3--ored, disToserl (7,t nas c,-wher-wisE:.• cl-Ime 1:0 ce C:r 6 ,_,tiv: t i es pu rsuall t u :.his i h�! e with 3 t- i c I L, i ime, n: 0 1 r. I 1S I app t: 0 a.-Ij I. c. c i I t y w I I Ch S j t I.;' c I C., I' * 6 e the of h E, -,"t:v, i xce s i�.- z t c) h r, e s :and if :,F r�a- t c d v -,At,'TE;-- (;r ar. D. I n t ei ra t (A Wa 'e M, a n i r-.. r t: Act I n -! e r: i i i r ca t. I r) -'a i f 0 r 1*11 �i �;RANTEE d e e s mc e t t he 1: f �, CI LI r I r� t s o h e. C Y !on ' - n -J Re c v c1 i n q 7 1 e 7,,Ft n t S R P. E and -,(7. ---,:,ke reasonzat.lim. of ort_s to m.,,t x m t e c r s, i c: c) r j a r):-.-. c., -w 1: c r c rms and d 4, 0 r, Cif !.['.j3 AQr?r!11Pn*.. i t.s I a lure I.-) achieve a S _evci for WithIr, its F.r.aric'm-lise L C, (1 11 r­a C, r t r- e er,,, r a r, d L 1: e e, r c 'L a I A ( : r c a i,,ic. a. i z: i 1 1 q fl - cm i I f r e t,,.) rake Chas :. ri a e P. o r, *.- s to !,n a z L.-n i. i. e September 3, 2002 41 diverskor. in ac,_-:ordance v!i-;.h the -.-Prms and conditions of this TF Aq reemerit (11: its U—rea-EF --r--;-r- :he requirerierit5 G E� X Y6 I S reIaL d tn waste diversion, shall. be a material breach of this Agreement.. In the event of a by the C1WMB or the City tLaz the City has failed or will fail to meet its diversic,r. goals, G9ANI'EF shall at) opport-unL,y 1_o �­ u r e the material breach. See also SEC-- :0'11S 20. F. -1 and 20 C. In acid' tion, suL�Iect tCi the requiYomerits of Sectioi.-i t159.1 of the ic Resource Code, GRANTEE sl•jal t. e. c- deferid, indemnifV . ... . .... ---- -- _pr,, "Ci.t}__ harml.ess aqjains-, Fill fines or penalties imposed b- the calif-urnia irt -e, : Management Board in the e✓er,.t the Irated. Wlast diversion goals of AB 939 are not met i ttiit_ CiLy of Moor ark. with respect to the waste sz.reani covered by this Agreement and fie Ccrnfnerci�i Aq i: ee men or' G R j't t YT F. s delays in p rov i di na lnr m a t i on ,.recent C J ty f rom s 71by: j t i ,ig reco r L s, required b-)/ AB 539 in a timelv marii,er. E. The Ci. tv shall ne included as an additional insur or! each of the policies and policy cy erioior seine rit s Notwithstanding anv i r� coris 4. s r- en t staterterit--s in ally e j f said oolicies or anv endorsement attached thereto, the protection offered by t h�_, 1-6 c--i e s shall: 1 ) Nalne the City and u t cor" employees, �ervanl_s and acier:ts, as a, d d i - n a i insured with GRANTEE, whe t 1, o r I izzbi -:y :. s attributable to GRTI_•TEE or i t- y_ 2) lnsi.r,' t: lie t n d ff. P a -.s ­ rs and errz oy es, se_,vants ands agomfs acting ii-i the scope of ,executed OLC: i r di. L i e s undo r- tt to I s A0 t acia i nst a 1 Formatted, Justified, Indent: Left: c1 ri i ir s, de-na dania g e, 'I i ahii s i P I osse S t, S 1.2", Hanging: 0.25", Outline or cxperises arisiriq , from, or in any way connected i numbered + Level: I + Numbering 1 Style: 1, 2, 3, ... + Start at: I+ r-F this Aqr;�emerit. by GRIM"FE Alignment: Left + Aligned at: 1.2 "+ of 'Le C-ity. aver, and n o n 7 11r r o. r. t wi th, such ' Tab after: 1.45" + Indent at: 0.25", !Tabs: -I-, Left + 1.45 ", Left i; e,n r -'I ri E. `1 f S a M e r. t -;r a y e a t t a c 1­: e d r i de r, • ,executed 'o y -:i ,iu I .,, c, u ti.o r i z ed off C: of E. ? i r, l"') 11 85. N" Said Erdcrser" ­­Mpany, t,lierel)y it, j s iha-_ j pfcrides r�)rirnary a-id, tacit any ether 0,.at -may t.,) C+he Cli.y sll-�i' Ll e t? \ c ess aver, and n o n 7 11r r o. r. t wi th, such p�, i isLy 4 ) F ) 1 . ()V icie e i t. "Ii 1- 11 r I , 1: L e C.. di S 1i ; t i t 1_1 t t a r - :i a 'O f-Orr, (G C "LL-L 1 l"') 11 85. N" Said Erdcrser" b%, a d%11, efIf cer the f ox1i ra t i,)-i V ... st-c-iij _p.rovide or prrp�-)_­ed carcell that in the everit a SUIC.11 for I , _ .. , s o e v (2 r _or L h-� C i t y shat I be: n if e i I-, c e r t wed , September 3, 2002 42 -4, Formatted: Font: Courier New, i, Condensed by 0.15 pt Deleted: 1 Formatted: Font: Courier New, i Condensed by 0.15 pt Formatted: Font: Courier New, Condensed by 0.15 pt Deleted: I SIGNED CORPORATE SEALT p a i C1 re t- j r r Q t r qii f, s t- e d n,,-, L. I ess L tj a n 1 Formatted: Font: Courier New t: I, i 1�t 130' CiLvs bc lore t he expi rEl-- :.-On or* j Formatted: Justified, Line spacing: (-,.a 1� t L c•n ::i e f fe(- t j. -ve Multiple 1.2 Ii, Tabs: 0', Left + 0.5', Left - V, Left - 1.5', Left + 2', 1 Left + 2.5", Left + 3", Left + 3.5", 5) Con Fist rit et s1 1 c p r OV L S lots 0 f- L h i s Article, ------- - 1 11 Left+ 4",Left+ 4.5",Left+ 5", GRANTEE shaij. _ p r i de pi.il-Aic liability—ji-nd proper�ly Left+ 5.5",Left+ 6",Left , jj naqc i n r++ an I: a s f'.) I I W r; Deleted: FRANCHISE AREA a -i a:'1 amrunt no r less tt-.an ten mil' ion EXHIBIT Al o . - -,j - DECEMBER 23,19951 11 a r C� n n or) f, r i :�u r e s 0 r de,ath to any caw pers,()-n, and subject to the ,J>Formatted: Font: Courier New same i Mi t a t _4 rr _Or e a Ch z e r, S 01 n Formatted: Justified, Line spacing: Multiple 1.2 Ii, Tabs: 0", Left + 0.5", ($1,000,0 ") 0 . (j -:'I aC(:")L)n L r:N f any OrIle C CU r r e n .7! e ; a n d Left + I", Left + 1.5", Left + 2", Left + 2.5 ", Left + 3", Left + 3.5', Left + 4", Left + 4.5", Left + 5", i Le+ 5.5",Left+ 6",Left b. �1 71 aina u, I !or: e s.,j L Y,a o -.,I e inil 'Aon ft .3 l l a is s C, o (j , 0 0 .1)0) fO r, damaqet3 t. -rDellatied: A. of December 23, 1995, Residential Franchise Areas are to be prcipertiy on acc,):jnt or any or. P ecc,,i rrence • distributed between GRANTEES as set forth in the Residential Franchise -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - --- Area Map. hereto made a part of this C n ainc) u, i L a -1 t w, o III n Agreement. However. as of (;2, 000, 0", 1 December 23. 1995, and every year of the Franchise Agreement insilrelt('e r. +,,,r anv -r)rjE, - (-.1airrrit. thereafter, residential customers shall - - - - - - - - -- - - - - - - - - - - - - be split equally (5096150%) aL.. —�18 5 d 1. 1 c i es S 1'. 1 b e r i I-- L en c, r: a r-1 Formatted: font: Courier New rler-i Formatted • Deleted: Commercial Franchise w: Areas (including mufti- tity, :;Y PC t�Ll. r a r a r1871 i-RANT• F s h a 11 F.) 1 i (:,mp e r. at j c) n ' n s u r anc. e as r- eq u i r e Formatted: Font: Courier New -, Y -:1he Califf.)rnia -;&c)r If any class of employees en-jaged, [1881 Formatted LY G--�<ANTEE in wc)rk urde�r tlis Aqi-eerr.cnt is no- protected by the Deleted: I Formaed: Font: Courier New 111.'? f e r s C-at -at --,):I i a -w, PAN E E 511311 -)v -1,�:je a d e -I u a '- e tt s ra ri::i:' C !i he p rO r, t i -,rl. ..f- such a 1-.]. S fa C, t- i nn Formatted F—... -11-8-9 Tj v Deleted: ........... RESIDENTIAL SCOPE 76 - - - - - - Formatted: Font: Courier New F i f i U-s+,1!*an�-:C-_ requirement-S P--C)V`d-e'. he re j r Il x1 h-t? nod i ` i ed r J3 i i n -w i 111--, hr t* -r)unci L Formatted: Justified up,:N n t 17, e re. q u c s t: r) f C-PAN 7 E F t",C� CitV Counc.il dc.--orminc-s i Deleted: A. General. GRANTEE ITE 1] .Lon I) r wa � per ill CITY shall provide for the coll!!��.. I I 91 9 rj:�; i d e ri n g a1 e -,, _jj t+. ',� C,' ors. Formatted: Font: Courier New, No - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - -- - - - - - - - underline G ri S U r a,-+ Co ,- e r a q y w r shat 1 (AE, with t Formatted: Justified th­ Deleted: Sinale Family Residential+1 r s j a r Pqli: -,ed .:JI-i.s- i,%oreelf;ent. . C Ly S 11 rlavp TFormatted: Font: Courier New, Not c- r i cl 11 t t 0 re v - ew �3RANTEEI s ins'4.irari-ce policies a t GRAN E E I s Bold 11 1 - 1. . . .... . - ; , - - -- - - -- - . - - - 1 11 -- - - ---- - - --, plac-e ��f busin,�N-,s ir'. r)r Los A.nciclee Countie Formatted: Justified Deleted: (1) Weekly Service. Once ' H --L ndemn i r -,* ca � i (7;n --* n Ex::� e s s 0 t r. s -..I ra n c-P C �Dy e ra rj e -- - - - - - - - - - - - -- each week GRANTEE shall September 3, 2002 43 The ho,' d h a r ri e s s arid i nd e -ii ri i. r a t.. c n r o V I S o r of 5 E C T 10 N 21. _r shall apply Legardlless of Wmnethor c..r not the insi-irance policies 6.-,. v e - I i Y.,-13 ion a d r e oinp u t :, t i o o req.iired t,v 21 aL'e to be applicat7le to or line: 0" sl..ff'iciert to sati� '-- the losses, li-:hi'-ir-ies, fines, penalties, da-Maaes, - or iut�,rimerits, includii.q attorney's o f GRANTEE's roes, describe- ai in SECTION 21. Deleted: Upon implementation of a Formatted: Font: Courier New I. , N o ti w:- t h s:arid i r.q any inc.orisis4-erit statelnelit in any 1 Formatted: Justified, indent: o f said -ov4:�raqes arv� E-.:� o r any_ s ij bs e qu en 7 Grid( r s e-me r. t -Ii� -t -n-e- -r--e--.*o*' 'p-roT:eci: First line: I" Ca-Che,E- I — -� ..... .. the 1 on of f e re-6 the pci ici es shal ^A Deleted: A. A. Maximum Set out ,wri" en on an -()cc!irr.�,.rice bas.-,*:i.- Cavacity. At all times prior to the aa—s I.- implementation of the yard waste ON 23. GR,.!-�NTERIS FOOKS AND AUDITS. collection program, each residential residential customer, except customer, except customers receiving -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A. ma-tnl�ai,, all. re- lacing to tl,(--, i Senior Discounted Service, will have the following available for its use:1 Li.-reunder, rcludinj, bxa'� not i i in i t ed c, Service S I Formatted: Font: Courier New -provided G. -qtr lists, 1.) i 11 i ri,-,, re orris, col lection route t G k S , cu ,.-) e i ?ANT-EE; �3 I- Y BRA F. TEE nail 1,c z:_ tr (2 s c I i pc, 11. 11 c--- 3 , maps, A•: t_ co-rip I iance r e c o r a s , customer com� `faints , Formatted: Justified gate til-kets, rot ;t.e--- 1 i s -.-3, and or her -c- --f -,il -Ag- Deleted:- Four (4) residential Solid rnaty =ia1s the f 1 terra of is L'e-e—ate-n- t , and a n additional Waste containers provided by 1.;!e r : 0.1 - _- - -- -i '10L IE'3S. thal) ,liar or an- lonkler ,�eriod " customers that do not exceed the capacity of four (4) forty-five (45) r e q -,11 r e d by law. C7 T Y sha 11 have t tie right, upon rive gallon receptacles (a total of 1180 burin `Ss days ad,.!ar.ce not ice, :o it all i r.;-: I u d j- n gallons); andl h i; '. ro-- I in L --c-d to, n ks .:,1st cmo r I tst S, r) i ling_ Y eco rd s, -1 Formatted: Font: Courier New maps, Act compliance r e c o 1F1f9 I'll. S, CHO Otllfr I i IT; e r i a I s D!� GPANTEE wh i ch Formatted: Justified yeas_ - onatdy rela�.e to GRANTEE's cei pii.,rice with ttie provisions of Deleted:- One(1)thirty- two(32) t 10 -�.e Agreemrnt . records L�O. --Radc� a-vailable - 7 TY gallon green recycling container -con request., s r ii I a r I -. Tn,-, E� c. f i-I S i ne s s, )-.] ne e -v e -- i t outside - he C c; u i t- of Ve r. t. i.i r a Formatted: Font: Courier New B., GRANTEE shall rreth.ocl ol accountin-, I n i, IF ormatted: Justified arcor,jance with Cone raily_ Accepted Accc)-,intinq Principles- ("GA-AP".) o the -sat. n ,)f TY t hat cor y Lefl e.��ts 1,11c Gross I I Deleted: Additional recycling collection containers shall be provided GJ T o f t: r, v h1 s A.3- Pe m P. r. t i by residential customers. I �)!-i r �i n d r o::- r d k,, p i ng of r c, s z ue s s ha 11 L-)(:,- s e pa r a t e U, 1'; V! ri I T. t. i I " ed f C, r ,a1 0 r. U VaS 11 e s s a 1 'd : Y Formatted: Font: Courier New . .. . . .. ...... C f s r c L t 10 V 0 P Formatted: Justified, Indent: First 6.-,. v e - I i Y.,-13 ion a d r e oinp u t :, t i o o f. a i line: 0" a, I t t 0 t jji� roes or. 7 o f GRANTEE's Deleted: Upon implementation of a residential yard waste collection fee F a I a n )-I -I P 17P,7� Y-� e n t� 0 r r, t�� T m t-- 7; f.- un�Jer program on or prior to March 1, 1996. this A(7 r Tit, t sac}: or overpayment and thereafter and implementation of k�: a -I t) rin t. I '-j t e h ri 1 i f teen ' I L) ) - — ' ' - -- --- aa—s I.- the Super Recycler program on January 11, 1996, and thereafter each t t. P ej r i t e n- or ovPri),ayrnent is s.en.t. residential customer, except an un,ic: t,t)ev, rierit c,f rrorf; :� ha n t. t e L, i customers receiving Senior r 3 1)2 d i ri)v &. "1 0 T �-r � i r: S U- 11 au C1 L r e S j Discounted Service or Super Recycler i ?ANT-EE; �3 I- Y BRA F. TEE nail 1,c z:_ tr (2 Discounted Service, will have the a following vailable, for use:l,. - , . . -its Formatted: Font: Courier New 1 Formatted: Justified September 3, 2002 44 4SE•TIC)N 24. GENE P., A L PRO ISICI Deleted: - Four (4) residential Solid Waste collection containers provided by ■-- - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - --- A. Ma ieur�,. GRANTEE shall not. be in default customers not exceeding the Capacity of four (4) forty-five (45) gallon 4 under this s Areerr.ent: n tree e that t �. e col -r-t 4 on receptacles (a total of ISO gallons.) ran . s-,)c)rta!--icn, recyclin(T, or dis�-cSal services �,f GRAfTTEE are Each residential customer may . teirporatil LnLerupt-e-.1 �,,L d j. s co ri L 1 n -J f, (I f,:,It ary of 'che followin i. designate any container(s) of the four .--- -- -- ---- --- — -- - - - _q reasons rio-t s, wars, s i-:1 b,) I: a ei e , civil disturbances, containers for yard waste collection service, not exceeding the maximum r- -i zr e c t i -ns, e:-, plcSLOri, na t ij r a .1. di s a s t (- r s SLIch as set out capacity of four (4)residential ea r �..Ihqua ke s, I an(j s I ides ana"---fire s 1: Tikes, lockouts ana other Solid Waste collection Containers; an, disturbances or' offer catastrophic_ events which are beyond Formatted: Font: Courier New tl:c reasonable c,)nFr-7-- of (,;RANTEE. Other, catas::rophi�--:--events Formatted: Justified does not. in c I j.j de t:he i 1. r, ailc a ,:i I i n ab i 1 i t. y of ;IRA TEE, to perform rm (., r failure of GRANTEE' to obtain any necessary permits or licenses Licenses Deleted: - One(1)thirty- two(32) f c t he r cf av e r n rn e n t a 1 a e- r. E! s ,, r the riqht Lc, use t h e gallon green recycling container provided by GRANTEE. Residential !-,i—cilities of _ any _ pub lic_uti i i t - where such fain Ere is clue soiely * - —!--* - -- customers may have unlimited t c. the a c t s Ur' o rr t i s-s- --- i 6 n-s of G- PR A 14 T E E In K, e-- -, event -a labor recycling service at no addftional disl-urbancp interrupt.s_ c:o1lection, t-ransE��rt,��tiop_,_ recycling, (,-r costs. Additional recycling collection J i s pos a 1 c) f S�:,l id WasLt_by C-RARYL-E-- s rec d - under - =his ...... _juire, containers shall be provided by residential customers. I Agreement, CITY it*.a-y elect to exercise its rights under SECTION 21 (Df__'.:his Aq eeinent... Formatted: Justified, Indent: First line: 0" • -- ----- - ---------------------------------------------------------------- B. , :ndepen-Jent . (,,RANTER is- an independent Formatted: Font: Courier New -Con.--ra:*:tor c:on,:ractor and not: arn aq�' nt., Servant: or ellipl"-Vee of -Y —1 -1 --sponsible Deleted: Upon request by the . GRANTEE A N T E S-- CI re, G for the acts and MISSIrins residential customer to CITY or of 't--; officers, . agerits, eripl,,)yees ..... . �i r . I . d if any. GRANTEE, GRANTEE shall offer and "Super N'c; th _4 n q in this Aq reememt shat_ be construed as creating a provide Recydef' service. Such service shall constitute Solid F, a Y 1: ne r s i p or 1cint venture ibe�,,reen CITY al-.d GRANTEE. Neither waste collection service from one GRANTEE nor its officers, eunplayees, agents or subcon--rac!-ars customer provided container, not any right:s---r.) ret-'rement, or other benefits which exceeding 45 gallons in capacity; one -ob-zalri _ .... . ..... . .. accrue to CITY employees. customer provided yard waste container, not exceeding 45 gallons in capacity; and unlimited recycling C. _Pavement Dalnarie. GRANTEE shall n:3 i bj, e f c b F�L - - I - - - - L containers. Rates for the 'Super Recycler" be included in aD rd i I i a r y darilau L a I. y cx�r c� to C - I drivirict surtac.e��;, wheO)-,�r or service shall Exhibit G, Service Fee Schedule.1 rio i-.__ - p V e d I- e.311 I t r1a, f r cm, e., -wt3 t 1 ti -I-. 1, 'D I n I a k e Or Formatted: Font: Courier New p i lage cf oil.., fluids or solids lid Vehicles providing So Ord j t r a n S f r t- s e r v i c s ender h i. s Formatted: Just fied Deleted: Upon request by the I residential customer to CITY or D 1,a w o o v e r n L 0 1 s O f L'-, e S t, a t o f :j GRANTEE, GRANTEE shall .. r1931 t(7;rnia Shall r-o v ta r P, T.rTreement In r he eve Formatted: Font: Courier New 1 t igat ie-n between the parties veniuc in State trial wall L i e exc, i, ve I -,, in t- t-.e C,) i ri t- V e t. 17 a I ', t. he . -ve -11 a f- Formatted: Justified J. . ... . . ..... .. . . I i t i jat iC;r� 1-1 (.T 7, . District: Cmirt, eycluz�ive v,?-n,..ie shall lie in Deleted: Customers can contract for additional Solid Waste Formatted: Font: Courier New RANTER E Fees and -,ra - -,uit4es. !:r. an annual ca-sis,-11 Formatted: Justified i n s t r',i (-,. L i:-S of i,--. -�,, T- s g e r. r d . ..... --.- - - -- I c) n ra c L s I n i t L L Sol n I Deleted: (2) Recyclable Material I Collection S GRANT Jemand i rig, c. r ;iCc.,''P � 1[ -a t:� t Lo r d r c- C t: I c; r nd i r e comper--�at: i on c r (I r;� - u i h,: I c- c i �, n c) f Sul id Wa s t • -2 i Formatted: Font: Courier New r e q ;.i i r iF.-J t c he c,-) i I ec t ed under t: h i= Agreement is prc;n i bi : ed. I Formatted: Justified ;:]RAHTEE shall ann-ially re -n-iiro officer, agent, employee, and I- 1 Deleted: (3) Yard Waste Collection Perf":,rining s-�.,rviccs pi.r�;uan-- t,, this A(�reemerjt to ! Service At no additional costl--rjq�j September 3, 1001 9 5 s i.c[n arl acKlIc"W" ed'imew- of t • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 F. , Prior _Aqrc�ement.s and A,,rierdmerit This Aqreert(>rit is Formatted: Font: Courier New Formatted: Justified Deleted: In addition, GRANTEE agrees to provide identification and i instructional stickers. in a form approved by the City Manager, to be affixed to residential yard waste i collection containers. This sticker will instruct residential customers on the rules and regulations of the and waste collection program and help GRANTEE distinguish fty(.. —f197 .intended t. c) carry cu- CI'IIY I s. cli)l ;-gat. Lons to comply with the ' p r ov i s i rin s o t the Ac�; as it f r oril tittle t o time may be, amended, ancl as j rip] erricnL-e-d by of the California lnteqrate.d Wlasr.e Manaqement Boarci '.Req-�iiat:Lons") , as -heV from time, to tirr.e. I -- -- -T-i tly& Act:, thp- t r, s, or Other May be amended. T state or federal Iaws or requlat-.ons en-.ic.tea after this Aizreempnt h 'a -s T) e-- -e- n-- - F.i *a- ci e- -,a n d -- e Ft- e-- - - -into - - - -p r -e- -v e-n- t r -- -p r- -e- c-1 6 C-1 -e- i i a n c e ------------- - - - provisions of I one �r rr. orc provis.ions c [ this Agreement, such Pr t.L(, Anreertent. shall. 17je modified or_suspende,i as -may be Formatted: Font: Courier New ne.cessary . by CITY to comp-'y witn state or fe.derai. laws or r- Formatted: Justified No-r-tilpr avic:rictnert to -his Aciret?mEtrlt sila l b,-, valid Deleted: (4) Clgan-Ulp Ci in wijl--�.nq dul,,j parties. ...[198 Formatted: Font: Courier New G -d e r 1 z L f L:-'a t i 0 r. Rego i- Formatted: Justified f icat: ion for r - all its Deleted: ... 199 1 �]RAOTEE _ shall provide i dent -- -- r-- m p, ' c) y e e s who may make? persona I cent act with Formatted: Font: Courier New (.-.'U5:i Orre rs. CITZ m,.:, v re re GRANTEE to i;otify 4 r- Formatted*. Justified th(2 form of said identifica-ion on an s. Deleted: (7) Christmas LO .. =200 A - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - -- - Formatted: Font: Courier New - 2) j-;RANTEE sha--1 a list of cucront. emplr?%,ees , Formatted: Justified Rbone -1 Deleted: (8) Tele ... [201 Formatted F .. —[202 H. iiCc Appear-.-ince, and Trai ni nr-i Courier New _L - I.Formatted; Font --- — - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Deleted* (9) Roll-off I - 1. w1no rr�iy make _per-,sonal con��aci: w i t h-, cu s'ow.ers shall mainta-'n at all irles as clp.arr> and form - atted: Font: Courier New Formatted: Justifi an appe.arance as is possibl ed Formatted 2) sha' 1 t et' ort-s, t,-, Deleted:. Program In a L f—(=...205 c"lu j:, rict a, i y d TJ re C a i- ri: c I s t. an e-71— 1, d d(.i r 1-; �j c' pct L (I r. Formatted: Font: Courier New tri n s zD o r t o n r c Y�-' 11. q r and disposa-, C S Ci Deleted: expense, GRANT Formatted: Font: Courier New 3 Eji.�p oy c� � S s r f c 1 v o. trail .--- rIg t c; _--'den'tify Formatted: Justified her du-,i 7ria L e rJ "i a L art' r, S i. r- d S ]I 1C[ Deleted: B. Collection Vehr .. T207 W a s e a r, d, r t, r e may not he Cc? le ic t,7,,J Formatted: Font: Courier New r t c,, r e cy c I e -J c Y d i s p c. s C d of by GT�ANTE'-::' Formatted F. —f20E I t-Noti--es 1:i I re,�,ui red nermi-ted - 0 ')e Deleted: gig s�,n un.dCl- i r'. writ s q Y eom�2nt s I, zt arld shall r a se n;- t I e,:i S a t e: s c-e r t-� Formatted: Font: Courier New . de J.,��-reci or ' addresse-i ur.epain, reti.irn r�lce-pt as follows: •j Formatted: Justified • °, Deleted: (ll) New3oa VL-...L21 :C: To: C Courier New of 'oloorpark C' t Formatted: Font: 7 99 D•e:-c, rpark Formatted: Justified o q.--a -,. k- , _-Ca I i f c, r r. i a 93021 Deleted: (12) Comoost Biff- September 3, 2002 9 6 Formatted: Font: Courier New t q Moorpark City- At--or_iey - - - - - - - - - - - - - - - - - - - Formatted: Justified H-,irke, W4 11 jaInS & Sorensen, L' P C'11 rvle,t si.,.-J, S'::reet' Suite 25,1*110 Deleted: (113) Identification of Non- :''?s Ange I c-3, California 0001? -3102 recyclers. Within 90 days of the effective date of this Agreement, GRANTEE shall develop and To, (.-,RA14 TEE G I. I nchistries implement, upon approval by the . P.(). 3ox 94N30 CITY, a program designated to Wes: Los Ancleles Aveni..e encourage participation in.the CITYs i residential curbside recycling program S M i -V Ei I CA 913 0 6 5 for residential customers not participating as of the date of this agreement GRANTEE shall also ,Cor 7:(-, such other address as wither _p�Art-.v may -- time T r) time work with the Cl to reinforce CITY recycling program participation for all des 1-!v not co� tr� the t 1,er (7 i ver, in accordance wirth this 't residential customers on a regular SECTION. N. ice .3hal t)e dPPrTiF!d received and Pffective . basis. Such efforts may include d a 11 -vc -ss d;AYS date persrjn� s c,, -, -d or, if mai'-ed, three t, J � tus i nc conducting periodic waste audits at from the date' Such nol.,ice is deposited 'ri the United Srate--; riail-- identified residences, offering partimpation incentives. and /or sponsoring contests to award program J. t ZI-a-vi-i(is -C--aiusF and Entirety. If any non-71kUterial participants. I pro\7isior of this Acir-i':?ement seal: -any reason be lield to be inv&lid or unenforceable, he inv�il--'dity or unentorceatility of - -- - - - .-- --.- 1-1-1- -- - --- *- - ' - - - - . LFormatted:Font:CourierNew ' I I i Formatted: Justified . �Luch provision shall riot affect th-e va—lidity :-ind enforceability of any ol X11':? re-jj.airj.- 41C 1s i:*.n.js AqrePrnent Formatted: Font: Courier New • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Formatted: Justified, Indent: Left: - - - - - K. Joirt. Pr�--!pararir,rt r Aq r c e rn.- eri�i. Should '[0.5", First line: 1.5" int-e -cret.ation of t. r, i q k.,.j reemen'. oi �i'y - i. -C, n the_ re of, ne 1. - - - - , - . -- - - _.- . - - -1, . - - - - I po r t- -- � ------- I-. --1 - --- I Formatted: Justified - - -�� necessar , i-� -4s deemod that th-'s Aqrcement was pre-pared by tle -ted: Deleted. 212 r. y. L es ) o i rit. I V ,�-nd y, aW stc.' I ii(-)L tj(?� i n ti� rpr.(-, �: i�d aq, a �. nst. ... Formatted: Font: e.i iner pa-rt.y or. I.Le aro,.r,,.-; t 1.11P plirt.y precared L.I-.e Agr.eement Courier New or '--aused it t 0 C) C r e 1-. a red Formatted: Justified • survie t h e L. The o c. f 22 Sh- ia I I v this A-jrcc:mert. Deleted: COMMERCIAL, t—IMEdov FormaUted Formatted: Justified M.,_Waive- No c -anv_JD -_Viziior, 7;r - . -- - - - — - - - - - -1 .". - � -- — ---; ...- -- lj? __. .- ---- --- Formatted: Font: Courier New C) 1: t r d,--, a i)�- b r, J.: 1"iJ LIN r e (-, d L) y C L FY and yf A I, an,"; P x P r; i 1 'A w i t 11 Formatted: Justified Deleted: (1) Commercial - L21 511 N . C:;i r':� a ri d (,;�Id i ,gs . 11(" '---a F) L i Or" -S - -a I id —.,IC-1 ad 'n I S 1 Formatted: Font: Courier New (1 e v a r is E-. r; s a. I h ;. s Ag riz!�jj�e* -e .I IL a �'r cr.. -_r -icy: r, ,.i� e i C14 a - 4, e .. r:'L i f i —ation :ir,.,J, shall r.,o-- be decirle'Ji to Formatted: Justified [-I; t- C) r (10t 1, C. t- I I(, c. T) C. r Y.- C.- S D (",: t C- A r T. icl. S Deleted: (2) Cost of Con I ... (216) Formatted: Font: Courier New - - - - - - - - - - - - - - - - - - - - - - - - - - 0. L<:! j S C:X01-71ILCA Arl - - Formatted: Justified JU r -.3, e h o i ',7h i Cl 1 .3 d e &M tF1 11 t c; e a r, i ca t e C. C; U.-I f e i: Deleted: (3) Recycling Proaram.1 j but b o tn r w l' i,,-- I o(, or1 all o* titer Inc ltr.-d th.0- Formatted: Font: Courier New Sa rltm- 11 S L - ul 1) t TENhioi-.,-� A I.Lroi.qh I, e—h i,-, fnc(=,crcate� he-ein • bv Formatted: Justified 7 - -- -------- 3 r f. C Y (,Tl Deleted: The GRANTEE 3h A Formatted: Font: Courier New P n t:,-, �4 t 0 T1 I ri t: 1,7 0 r'--3 t U e I:- t t. e e i r e : Formatted cl-llr*t�-CIT.Orlt f"'ff I e 1--t- 011'.' T.'r' NC �jUbjc,-.t rra--�er hero,,,f and 218 a I for a,.-ire:ernert.:� c.) r tjncie r s t-. and i ,kjs -a I .:)r -.-� Sri 1- *L e r i , are Deleted: A. GRANTE sh�... r 2 �19 1 September 3, 2002 47 r - -_. he rpl :,y me r led -;Fie 1 r.. This Ajreemfl ri shalt. nct Imende : in and Formatted: Font. Courier New w_itiIiq expressly purportillC t0 k'� SUC:h d17 , Formatted: Justifii, art .rdmenL, signed arid a kr iow_ ' Ed- 4+ k) f I,n t: of the artics —ed hereto. • . � ; 4 Deleted: B. GRANTEE shall collect recyclables separated from Solid ' -- - - - - - -- - _ _ __ - -- __ -_ -__ - __ ______---- - - - -__ - -- Waste by commercial customers. x e c u t: r+ r: :)1 t i t s A• 11 e errs e n L. Materials to be collected include, but i are not limited to. paper, newspapers, . glass, aluminum and bi -metal cans, M�` k. F'AR K cardboard, plastic, yard waste, or other material that Is to be segregated ..- �for collection. The CITY reserves the - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - - - - -'' right to require collection of additional materials at no cost to CITY. At no � D Y • ",• ' I cost to CITY, decals shall be - - •':� I developed and affixed to such bins r e i ._ i •.:% H U n t r, b, a yo r h.' „ .. F1 identifying materials to be deposited +• "- In CITY's r ecyding and\ or y ... 220 ATTE'ST i Formatted: Font: Courier New ' Deleted: ";j Formatted: Font: Courier New Deleted: D. GRANTEE sh „• [2221 Deboran S. Traffenstelt, City ( _ is r } Formatted: Font: Courier New •- -- - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Deleted: E. GRANTEE -11( Formatted: Font: Courier New '• .' i Deleted: (4) i ri .. 224 ■ ---- - -------- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (= JNDTJSTF.T ,S, INC. - - - - - -- - - - - - +'' Formatted 225 Formatted: Font: Courier New Deleted: GRANTEE shall { Formatted: Font: Courier New - - - - - - - -+ ''' ' f DNeted: (7) Telephone Bar r>>,i1 t * r p f i ln' O' S : Formatted: Font Courier New r Deleted: Audds. (8) yy19e [2281 • Or: -nis day :.f in the year 1 Formatted: Font: Courier New Defore rnr " ! Deleted: (9) Yard Waste 8291 personialiv k ',wn o me ;or fro to n° on r.he k«s o.' — !Formatted F..f23o1 Sat isf _dory ec uJ �nc�) to be t. t;) Fle r�,)n w}.c,se name :i " Formatted: Font: Courier New a suc;scri k;c d "' " ,: � `.:1-i 1 s in 1 17UMel ,all 1 d.: r+C vJ � F2 �: eC9 ha: )'e ( she c_:r LhtF -- I DeleLed; k ) � n =` sTif (2311 c_xccut ,i..__i` pars.) .inn: ..c _c, _t soiu ion `f t,._ Bcard fDf Di r •ctors of Formatted: Font Co urier New Deleted: (11) Promotions j Formatted: Font: Courier New Formatted. [2323211�1 1. i TJ F, Ci Deleted: A. Billing Informs „I 12331 1 Formatted: Font: Courier New Deleted: B. Collection Veh ,,, 234 Formatted: Font: Courier New Formatted (2351 Deleted:._, September 3, 2002 48 + Formatted: Font: Courier New 't ' � Deleted- (2) •_.. __ _ _ : -S Nr� ,, Each vehicle used for collecting, transporting, or disposing of Solid Yp ?,' Waste shall be equipped with an audible warning device that is > Y Fa Y e C f , C Il n' ` , -S _ ' „ i activated when the vehicle is backing up.I Formatted: Font: Courier New �1 , e E, r :: d ! Deleted: (3) All vehicles and equipment shall be maintained at all r I a y kn(,wn t.o Cle !or (rove,: t.c: me or. rlhe bas' c,f timesinamannertopreven ... f2371 szttisfactc,ry evidenc-e Tu be Y.f.c e1 ,Gr, v ;hose name > ll Sc.'Ylhei( rFormatted:Font:CourierNew , o _hi s i I i 6 runner.. stn_: ac_l.nowlccl ]ec� .t._t 1•� !shy cr the y) ;,; Deleted: (4) All vehicles fz381 tie 1Ycr:. 1 �1r l znY c ,�11:C'_Gr, o -t t1l -:f' B(,ar<i of D_e,:Y.Crg rt Formatted - .. f 2391 Formatted: Font: Courier New Deleted: (5) No vehicle us(.. [240] + Formatted: Font: Courier New - -- - - -- - - - - - - - - - - - - - - -- - - - - - - - ; Formatted [241] Deleted: (8) The CITY ma 24 Formatted: Font: Courier New Formatted , . (243) Deleted: (7) As the GRAN -244 Formatted: Font: Courier New 4�Deleted: (8) Should the CIj _.j j4 Formatted: Font: Courier New Formatted .. [2461 j Formatted [2471 Deleted: 1 248 Formatted: Font: Courier New YDeleted: 1. Failure to Report.¶ " Formatted: Font: Courier New 'Deleted: The refusal, failure ., [2491 `Formatted: Font: Courier New Deleted: 2. Adverse Information.$ Seplember 3, 2002 49 Formatted: Font: Courier New Formatted: Indent: First line: 0', Line spacing: Exactly 15 pt r Deleted: (1) All vehicles and bins ■.- -.------ ..--------- .__.._ - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Y s shall be kept clean and in good repair to the satisfaction of CITY. Vehicles • s shall be uniformly painted in colors I approved by the CITY. All vehicles shall be thoroughly cleaned by ■ w washing both inside and out. not less USA :ti'M= OF CALIFGRYdIA, I' C. R R),,'., .ithanonceweekly.I Formatted: Line spacing: Exactly 15 pt _ _ _ _ _ _ _ _ _ _ _ . _ - _ - _ _ _ _ Seplember 3, 2002 49 Exhibit A FRANCHISE AREA Formatted: Font Courier New, Bold CCT03ER 1, �'t702 — Formatted: Justified A,s& of _4 2002r Residential Franchise Areas are to be-' Deleted: GRANTEE shall provide _ ._ _ _ _ _ _._ _ _._ _ _ CITY copies of all reports submitted distributed between GRADITE aS , Gt forth in the ?CSidenrial r`+ by GRANTEE to the EPA, OSHA, the Franchise Area 11a , which is at:.a_.hed hereto and which� bye thls',lj,+ California Integrated Waste reference, is made a part of this_ Agreement. _ However, as of July ;1S'' I FederManagement to oraCounanyother 1, _2 002, and e� r r Fear c,f rh F r'an+ t, se- A; reement hereafteJ County agency. Copies shall be submitted to CITY es .dent ia1 c_u_t nre_rs shall YF all ated_e wally (5:)_ 5� , simultaneously with GRANTEE'Srling bet�y;eeI] the two. solid waste— erterorises� holding fra[:Cn1Se5, as Il�,''. Of such matters with said agencies. add —ti (.)na1 residei]T:.ldl. C Gyelop- neiii: Lakes olace. At the City ii +,': GRANTEE'S routine correspondence Manager's sole dis ret :ion, r'IT`, may make adjust.nienLs to the to said agencies need not be Franchise Area boundaries and/or the number utomatically submitted to CITY, but ber of residential �� +,'',' shall be made available to CITY upon crlstoiners of up to two peri_e.r,t: 12 <) Of the t','Lal rlurr )er of ,,, writtenreguest.1 reS denti.al customers or, 3 guar erl basis be lnn-n Oc ------ ___ „ �FOrmatted: Font: Courier New UOL aIld ever` quarter there after, t0 address eCJP.Om }' lild ;+, rm eff CIeRC%, aVvla 11Q11C:atlC�rl Ot rV1Ce, r?dl]CP_ VehL�:le tri:S, ,,',�Formatted:lust�ed and Otlier related matters. CITY agrees to restore any adjustment Formatted: Justified, Indent: First to the number of customers resulting fro_Il the ad }uS_liteIlt 1L0 th 6 !line: 0.5 ", Tabs: Not at-I" Era ~tchise Area a sc a on s ra+ I t l c- A: t_ resoratior : of the "', --- - - - - -- - -- -- __._ . �_.._. ._y Fs-ubm�itto . The GRANTEE shall number of Customers will not inci;.ide recouping lest revenues 1"'CITYcopies esultlnc :`rorr the adjustments. r, 1 . ed: Font: Courier New ted: all pleadings, applications, nocations, communications, and documents of any kind, involving the GRANTEE, Formatted: Font: Courier New iDeleted: well as copies of all decisions, correspondence, and I actions Formatted: Font: Courier New Deleted: , any Federal and State " 1 courts, regulatory agencies, and other government bodies relating specifically to GRANTEE'S performance of services pursuant to Formatted: Font: Courier New Formatted: Font: Courier New Formatted: Justified, Indent: First line: 0" Deleted: B. GRANTEE shall submit to the CITY such other information or reports in such fortes and at such i limes as the CITY may reasonably request or require. 11 September 3, 2002 50 G.I. Industries Mderson /IgtD V� CITY OF MOORPARK Zxh'bit B RESIDENTIAL SCOPE -' F SERVICES Formatted: Font: Courier New [1' -.-ED OCTOE�ER 1, 2^.0)2 Formatted: Justified General . GRANTEE shat -,p for the ,cal iect--)n, t r c:-. -is no r t at i o. n , I .: C I'll C -L i n q I-! d ibis- p C S � 11 of R c s -L d-e ri t i a I Solid Was! e. In Iii ii r.(� , e.i i dero-1. i : t e m,.�) Y a r y i, .-:e within the i -- s e r v..i.,-' Franct escribed in Exhibit A, 1 n c o )ra,::ed h-erein b -Ase Area a-,�---4 Kpr r-fc-enc.-�! S 11 (-,, 1, se, r v i. s�ia 1, e ded in with the t.erms f i - hl A C", r P o m t, t. and P 1 1. P 8 G h a 1,-. t, e 1: 36_ • - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - The wo' r`V r F1 i -'s t: u b don�-� by -GPANTEE pi-irsuaint *- c) A a a'&.-, T s UF;e T71 s on r- P eme n t Thal': i-'-ip _urn ni s h i la of cqu i pmo n t iftater i a I s supplic's and all other -Lteris necessary to r, O.L M the se ry i c(-,S re-qu.red -1E? (, n 1-mie i: =1 -ton c, Lr and snecifications of rr-quireme.-its for, particular items of labor or c,clu'pinoent shall not relieve GRAN-EE of tlle duty to furnish all cithers-, whet 'ier enwnprated or. not. r. The work to be doric- by GRANTEE LUILS 'L ant io this ... sha�.l t�e in a th rough ana CIf eS -.,rial SLj' marin,F.,r so -._hat tr:e Residential Service Recipients within -he City MoorparK are pf av Y of, and sped fical-i-ri of requ-ireii-.ents --or, partLcula— d he S of sc?r.vi,.::(? S"lall riot r el i e v -- '-;::AN ir: of he (It, i t T a c c ().mp I i s h i n g a1.1 he r V t? _ (_I r. t n i ri t h e manner .3 ,1 , whether t her such (7;, 4 Gthcr as;:;ects a2:c- n the Aqreemen-- or not. 1). -i<esidenziai A'it-oinatiti-n. GRANTEE wi-'l implement a ai-:tom ,Vvice system lusina fun_`,' a la�ed residential collectior'� -r - r'ar'..s for Solid Wast.e, iar 1 J'r!M:11tr-(4-3 Recy_Iab- t - C-1-did Waste, or k)-- p ior to Decertber 31, 2'M2 and r kr-s i ,jen t i a I , O"W(I v,-• e e k �;PAN rl• riall a L 1 S i d a s e which i ric i i.iaes the cc' loc--ic-n of - Y�ir: -! "ri-mr:-rigs and Pecyclable Solid (:Xco t. H E I ky a d I se. I 10 1 d 1, a za r d o u wra S t e) rta-' have ceen aced, ):c -pt: (-,.r aCCUMU13ted ir'. Prerni�cs and nlaced at C U r b, S, i J E- r i "3RANTI.J.: 1 .9 n-rina I e k? k I v C. '7; e- lr r, me, '-1 it less another cc -:iec7-ion C'n ed Li e i< appfcvcd by tho (-'ity Mar:&,jer. P. t r ad(j.i t i r 1 - 3 1 5., G.4 AN'. sha I L - (-vide sr ec i a I pickl-p 'fir e d ii L e s v e an e h e n C r m F1 i `w,rvices descr 'Lbed` or � ri-st-I)m—s who �re lZiab e their S .,-.,lid WListle clirb. Residential J N, a S "- e C.o I e c t: i C; r, Services. -P, A.NTEE 3h, 1 col-'ect So' id Waste. gel-terated or acc-'lua.l ateu at •;'.si ciel)'.' I e 1 preria-ses W'I . II reports and records required under this or any other Section shall be furnished at the sole expense of the GRANTEE.1 4 1- Formatted: Font: Courier New Formatted: Justified, Indent: First line: 0.5" 1 Deleted: D. A copy of each of GRANTEE'S annual and other periodic public financial reports and those of its parent subsidiary, and affiliated corporation and other entities, as the CITY requests, shall be submitted to the CITY within thirty lays after receipt of a request. I Formatted: Font: Courier New Formatted: Justified, Indent: First line: 0.5" Deleted: ...................... 1 E. GRANTEE shall make available to the CITY for examination the records maintained pursuant to this Agreement as may be necessary to assist the CITY in meeting its obligations under the Act, or as amended. Designated City i representatives shall have the right to inspect or review the financial statements, income tax returns, payroll tax reports, specific documents or records required pursuant to this 1 Agreement, and any other records or reports of the GRANTEE reasonably necessary to evaluate annual reports, rate review applications and the GRANTEES's performance provided for in this Agreement$ 3. Annual Regorts.11 I The CITY may conduct an annual review in order to evaluate the level and quality of services provided by the GRANTEE and to review existing rates and charges. The GRANTEE shall provide a year-end ann( .. M01 Formatted: Font: Courier New, Bold Formatted: Justified Deleted: A. Discussion of education and publicity efforts and their results;j Formatted: Font: Courier New Formatted: Justified, Indent: First line: 0.5" Deleted: B. Relevant evidence based on the formula, as provided in Exhibit H, to determine the a( r 11 i LY and de ; ivared L C." the curbside for Collection i I-, -a ri n, 64- q,� 1, 1 on, ion ,.lastic Carts riot less thian once per week. Customers shall rP:--pive at: le as 11 o ri e Solid Was--e Cart, one P.e,--yc 1 able So 1. i : :J Wa s t e Cart, and one-Yaird Cart, a size and cc,-TibiFation that - h e y ma request. CRAN--EE shall provide such carts for 'esj- cust.-'alers n ac'::C-rdaure W:i*-h it:s Ilan and c,`: approfed 1 the i"1'. Rates for the "Resident ial Solid Waste Collection shalL be included in Exhibit -", Ser-,.H;Ee Fee Schedule. Su e r R y 1. e r Rata __Upon requPSt by the 10Sidcntial c -i s t ome r t0. 1- J'ry or GRANTEE, GRANTEE ,o shall o f f C'. and provide S '.,I P -:? r RecVcier" s e, r v ce, Such service shall constitute c ^llectio_i of Waste aerieratpd at the premises and de-livered to the curbsice for collection in GR)EN7 EE- proji ded plastic car -s not less than once per week. ,hall _de Such Carts for r es e n ia c-,l s t. -)me r s --n accordiance with its FRI)- f tr e rlt * i -,,-r- i - Plan -- -a--E-d as approved by the r Recy(-Ler W;�st-e colie,.:-ion �a ser,v�ce shall co—'-'st ,.)f One. --p*YOV-1 JJl. ;.:-I vA1 ^_i ;; L -' C a ': t , riot 32 11 on S i ri T r i i t:i -L -I' n ri.. capr�c y; Cart, not excee-oing &I c( ' Solid allons in capacLty; and 0 r. C, :.ded Waste E ecyc' 1 i nig C in t no t: exceed 4- nr:! 64 r.1 ia I I cans in for ::Iic- "Super Recy-cler" service Shall r.)P- f:xhi.'L;i*.. G, Service - - - - - - - - ---- - - - -r- - -- - -- - - - - -- - - - - - - - - - - - - - - - - - -- - - - - - " ' i- . ------------ I --r I' i S ij I i- e d �jpr,n by es ner. :i I .� t "-):Il Lo or (;!ANTLF, ,,PA•TEE S h a i r r aril V; ro s, i d f- C! u 11 c d s c j C! :0 S' t I S'e r ce 31'a I I c-v ris t. i. 13 t,:-. col e 1-1 of S d wast,� riCncr3t d at the -CS: a n I "Te red t: 0 LLe curbside to G1, lr-. GRANTEE provided p-last ic c�tr --s pe - --�ie -- r:ot tnear c'nc'-3 r week. 1;MM [IFT �:La I 11 .' 1 1) V de S U C'.*1 C �i r L.'� ) r .. .. .......... res- den-. iL-, in accordance witIi its imp'l, em,:?ntc-.t--iori Pl•tri and as a p p r (-,Te- d b y the 111Y. Sen l or Sotikl ,lost e co 1 ect. i.on "7:CE.' sh 11 sel. '-i - t: of one GRAN= T-)ro�vided C 0 r 1. S s t- ccn ai-:cr, 32 qrtllors r r, ro "I i .1-1 Yard ezcceding •4 4,11-or.s in a_ac.ity; a,jd GRANTEE proviidi�' co I I ainar, 11 ex:ee_iinC,t r4 c4'a I _ o rs in Seplember 3, 2002 52 Formatted: Font: Courier New Formatted: Justified, Indent: First line: 0.5* Deleted: C. The names, titles, and addresses of the owners, officers, directors and stockholders of GRANTEE. A list of stockholders or other equity investors holding five percent (5%) or more of the voting interest in the GRANTEE and any subsidiaries unless GRANTEE is a public corporation whose annual reports are publicly available. In the case of a public corporation, a copy of the annual report shall be provided to the City Manager as soon as ft is available to the public; 11 Formatted: Pont: Courier New `Formatted: Justified v Deleted: D. A description of all traffic citations received in the past year,11 ac-1 r R zt:r' S f.'c)r I- he ::e I •r l,l .ot.n::ec9 sE ryi C - S ;EA k e i_ cl• _ided in Exhibit :_, service Fee Sc:-he':dule, ,(2) Recyclable Solid wastes collecr_ion serv_c.o. ` "RANTER shall colie(_t. and r)rocess source separated Re yclable Solid Wastes ' ncluclinri, but not limited to, paper, newspapers,~ glass, aluminum and bi- met.al cans, cardtr .,at-d, ast:ic Yard Tr.i.mrr:inr s or Oyler materiai triaY is e-`reaated for collection and ••:r:inerated at all Residential premises within it:s Franchise Area. said wort: shall include rp_aularly schedlllerl Coilectior', once a week from curb, alley, enclosure, or collection area. ^r;L.lecti("n shall ;c::ur • :)n the same day as Solid waste callec..ion, Unless another Co Ii1?(Hlon schedule ` :r approved • City Manager. GRANTEE s -h_ii use special collection vehicles fa Recyclarle Solid cnrstes fitted for separate collect ion of R.ecvc] able Solid Waste. ��RACTEE shall be, reuuired to provide 1dE,nI:i:_i.ca1, n and i.nsr..rr.lctional. stickers, .i rt a form approved h,- the Cl Mal " ry ar, to be affiied .._.. C —� —__1L _ __�.._._ �_-_- _ ._ _Z..._ _._.�_. _.. t:.o the l�es�.clentla� Su id Waste, Yard Trlmminas and P c I a b 1,:-� S..l.id Was t_ e. c o 11ection con,ainers. thcs,� sti-c:cr,rs will in, tract R e esidntial Service F?ec.i i.r nts on thc: r_ales and rec:Iuiat`or,s (i.e., ac,- ei,t_,ybl e mate:* i:a ) > ' the vari ous collect. ion pror�rrrns. ,n a ditiori, GF.AHTEE shall provide, at r1,7 additional OSt, 'O ,t iIl ^I' id?rltificaz: ion acid instructional stickers, , LS in a form approved_ the i _y Ma lager, to the_ City or Residential Service Re: l ,lent. S who rr'd_;r 'addl 1ona1 sir re., 1 eme*1 is ke s. G;, A II , agree- to l.. r I.::S k.oest: effort's to divert: tKe rt.'azirr.um arnoill -,- of ' v;llCF sc•patate 1 F.e :'ycldrle_, viaS' es f rcxn_ k' „_: i rc7 d i spos<:<� of ati t h o� I a 1 fl. Yard 1'r immi n )s C o I c: i on Sr_. v cE AL no art itional c ^St, GPANTE.E a4rees t . p le 1(:r the ..... . -...._ ..... _... _.r._.. ..._ _ .._ .._ _ ...-_.. CI LI 1' r "llcc ti , , ,= , pars :tell l jr<: Trimmings ,jrt.: or tt;._: `r�rd 1'rirarnin :Ise collect or. program Sh all t ;e ra ride :i k;z �FRC TE Co le,-tiorl shall JC. -lY or, Mlle sari- d,:y as Reside Solid. Waste .rniFtss ar,:.- t :l :er ,:o) `ect.'or. s::hedule is app c., ed I Y t (r` r 5u I i:„ r*_F: rr. Cr)l1Q: r i nr, ;:0.ry iCe_; . t.;:) to twice dr, r i r,cr ea„h cal cLy r y ar, GRANTEE' shall. provide ea ":h r1- ?siden-ia1. ci_i.iLomer rec:e - iy na co "I.ection September 3, 2002 53 Formatted: Font: Courier New Formatted: Justified Deleted. E. A list of GRANTEE'S fleet, which operates in the CITY, including age, make, model of each cab and chassis, license plate number, vehicle identification number, and type of service vehicle performs,% Formatted: Font: Courier New Formatted: Justified Deleted: F. Total number of residential households within GRANTEE'S Franchise Area, households serviced, residential households that subscribe to commercial service, vacant dwelling units, and other households that do not subscribe to service j Formatted: Font: Courier New Formatted: Justified Formatted: Justified, Indent: Left: 1.5 ", First line: 0" Deleted:. Total number Formatted: Font: Courier New Deleted: commercial accounts within GRANTEE'S Franchise Area, accounts serviced, and any businesses that do not subscribe to service as Formatted: Font: Courier New Deleted: December 31; and Formatted: Font: Courier New Formatted: Justified Deleted: H. A year -end report, in a form satisfactory to the CITY, on the CITY'S progress in meeting and maintaining its ability to meet its goals under AB 939, along with any recommended changes.¶ 4 Formatted Font: Courier New Formatted: Justified, Indent. First line: 0" i Deleted :.�z . X11 14. i2uartgft RepoRS.Q Forty -five (45) days after the close of each fiscal quarter, the GRANTEE shall submit a written quarterly report, in a form approved by the CITY, including, but not limited to, the following information:¶ ser&Zys,,aLnq cost, a bulk Item ,Riqkup (maximun. Of Two-- LK—eihs- per pi,,�Kup;- (four items pox: year a I ) 10r i !- PrTIS 14 11 -'. (7 h 1-1c V e b C:C: 1. placed at tt.(3 e. _ f L, washer, dryer, sofa, etc. B i.-. I '.,, y 1 t c. r r C I c. :., t: i o r i Will b e I ia r idli 1 e d by acpolnnmew, made al least seven days Ln advance. GRANTEE shali he Lesp,,nsible for recording co:lecled, GRANTEE soUl make Us beat effoU to F _I ail ATJ - - - 'E&-1 -14*�-t -(�,! - -- --- - - - - - - ..- _ter,' - yc . . . A . . Py , I - - - _ , - -- - _.., - - k-y_ - F,)Jckul, ru-jiws�-s, cx,':,�.eding the tw,--) Leer calc'da-r year _ L, _err-esid,nUa1 cjsUmer shall,bt1parged art additional tee Q A ail int provided in ExOnit G, Service Fee Sahadile. (6) Move In/Movc Out Service. GRANTEE shall provide services above Lhc no fmal Residenti-al Solid Waste collection service to residential customers as they ASK- is AT of residences at the fee amouLts pro✓ de• in Enhibit G. ReWdential cu-.-7t-orers shall Pe rsrrq a -c� r -,iile -r -Je RA TEE -� Ov lk" a S&O-dAy nwi•y to CRANTSK shal reco ra KNIGHKAT ON in/move out servicY and acconnodate the—gryner ..1010WAS of EV 1 i d Was z F? and Recyclablo S o I i d ;,,L -L c t -z-: --7 t- rn-a r i 1 y generawd upon rcsi chat ial move V and move our by a1 . ow i rig 'p to the ncrnlal of these materials to be placed out at the curb collected at no addLzional cost.. GRANTEE understand that the mc;ve in and move out Solid �"'as rjua! Tti t: es may rcjir�---* rr -tar -uaf le -ad n-C_F_by GRAMEE. of maierial set out. for- ATlecIPPAre subjecF-1c; --tEe­ aril -ic-abT4 e-,s ,( ) Mristmas Tree Wlection At no cost Oo CITY or - �csidvvt-jal aijsiorrLrs, 1 col c t. -1hris,t.-nas tret s :or the RAM"till -8=4165 R&I"Idenis may plaw MUST-MIAS T r, C� C., S c "I L S i d e of y a r- d, 1't_ i rLm j- nq s c: 011 e k-: ": J 0 ri containers for collection. At no cRst,CRANTEE SEA! also cne Point for -- A 74 r i si-may trees for r�.-.vcl -*, n. at &.1 cc: I w! an ') si:e and time ouranion apprcyed, ny to Mar'iau.er . -,RANTEE sliall publicize Christmas cryo cc: lew 1 on an Me Ncvemt,(-i / D? ceji bpr SoL j.a '4a5t-(-, bills! - ------ e e F-1 -'-D -r l e L' a 13 rig 110 t !I newspapers, 'a, the Pecyclable Sol id Was-:e collection. GRAN':'--,h', niavr wi:.h apcj-.)vaL of the 7in%: Manacier. orovide for September 3, 2002 54 Formatted: Font: Courier New Formatted: Justified Deleted: A. By a methodology to be mutually agreed upon by the CITY and GRANTEE, weight or volume of Solid Waste, including Discards, Bulky Items, source separated Yard Waste and source separated Recyclable Material collected from Franchise Area:j Formatted: Font: Courier New Formatted: Justified, Indent: First line: 0" Deleted: B. A copy of all landfill invoices for Solid Waste disposal I pursuant to this Agreement r es i de n t i a I orne r s e a c i ye a r . !_The f mated Jutfed --- - _ Fo si d L re c t mall p-uLlication may be up t(-) -our lout led 5.1 e es d a j. n len"JU. with fo-jr -(-olor rinrin At at Shall promote ..n` i �3 tj a (J V e I- L i S E,, 111 (1 n 11 S C 31- V f . I t �qe in size a7 a -naxi.-ral1r. Of folir r, c .`c h :Ca.' ir) a rle":Spap''l r�r ge"eral .:it: of-, w i b t.ext. as .° rove )y t1-.e w,;s p a Ej e r , C rd b ozi r cl 7., n d C t h e r R e c y c I a L I i�-­ - S o 1 i d L W At direction c: rnc- C Gj [, �1,, I F, arid cxp< .n ; shall provide cc lei—ion or ri t' W S pap 4F.- r r. (I Sol i d W�oi S 1: e at orle n AI I such rnal..&.rals c c I e d d r. c n e a 11 for nis -1 a shal I t,(-. ros for c")"11eC:;'_ion o - h-L, r Cccyc laGle Solid ,!_,rtes .i Sol.i:J Wa.:�Lr_- --ted r,d RA ITP E :;" a I I be at E hi� d ­in P --o I September 3, 2002 55 ' Formatted: Font: Courier New �.Formatted: Justified, Indent: First line: 0" Deleted, G. A report, in a form satisfactory to the CITY, on the CITY'S progress in meeting and maintaining its ability to meet its goals under AB 939, along with any recommended changes.11 adoit_k'rial lec!'_iorl of telephone k)ook.3. Formatted: Font: Courier New '(9) pt!].-Oft ard-21.in G R A NT E F shal 1 ro,,� ae Formatted: Justified, Indent: First temporary line: 1" evtensive yaml work, oil pj,0,:C­Ct.s, e-.c p Deleted: C. Set-out and at the service r jA te s r 0 v i d ed In Ezh it)i t G, i i programs.1 81V1 f9 Fee Schedule. I Formatted: Font: Courier New Promot i on. - - - - - - - - - - - - - - - - - - -- Formatted: Justified P ro , . 1� at I rc I rtfC,rinat ioli At. r1c, addit i - Onal cost- and D Deleted: D. Weight and other expense, GRANTEE will print waste redt;cticir, p special collection programs during the i nformat ice on Uil IS using text provided by the q quarter (Corrimunity events, .1 Y n newspaper and cardboard collection - - bins, telephone book collection - - - - - -- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - pograms, e pi-irl-hase aand att,:.tct a Brame to cloth sides or - F Formatted: Font: Courier New residentla! and collection vehicles F Formatted: Justified useu in the CITY for the '>Urpose Ot artachinci Deleted: E. Hazardous Material Saud Waste or o�. Le r I ra-n oromotion i inadvertently collected during the _P_2�09.. siqns app r.oximately thi-ee (3) feet by eight q quarter, including customer address f "I'lArLS W t,e. si.la.1 Lied Oy tt-.f- CITY and, ( (it Known), quantity and type of __ ___ ___ - installed ... __ _ ____ ' 'M. 1 material, and final disposition of jPW�FP. 7 Formatted: Font: Courier New p!-Orrjot i At the C I T s d i r (-- c t 10 ri r rF.;;;ttd.- Justified P A NTF E, at I arid expense, shall b j j Deleted: F. Summary report of F. s' b I e. o r r: rocl :'a.n pi.lt.).! j C i L y 1 rt :- t i.td i nq a t- C Customer complaint log in a format mail Ltlb' ication, with e eptable to the CITY; I t, c- x a, 'pro%,cd by L,ie CITY LO ma i 1.1 `q, to F Formatted: Font: Courier New all residential mall p-uLlication may be up t(-) -our lout led 5.1 e es d a j. n len"JU. with fo-jr -(-olor rinrin At at Shall promote ..n` i �3 tj a (J V e I- L i S E,, 111 (1 n 11 S C 31- V f . I t �qe in size a7 a -naxi.-ral1r. Of folir r, c .`c h :Ca.' ir) a rle":Spap''l r�r ge"eral .:it: of-, w i b t.ext. as .° rove )y t1-.e w,;s p a Ej e r , C rd b ozi r cl 7., n d C t h e r R e c y c I a L I i�-­ - S o 1 i d L W At direction c: rnc- C Gj [, �1,, I F, arid cxp< .n ; shall provide cc lei—ion or ri t' W S pap 4F.- r r. (I Sol i d W�oi S 1: e at orle n AI I such rnal..&.rals c c I e d d r. c n e a 11 for nis -1 a shal I t,(-. ros for c")"11eC:;'_ion o - h-L, r Cccyc laGle Solid ,!_,rtes .i Sol.i:J Wa.:�Lr_- --ted r,d RA ITP E :;" a I I be at E hi� d ­in P --o I September 3, 2002 55 ' Formatted: Font: Courier New �.Formatted: Justified, Indent: First line: 0" Deleted, G. A report, in a form satisfactory to the CITY, on the CITY'S progress in meeting and maintaining its ability to meet its goals under AB 939, along with any recommended changes.11 I i le f s e r v c i n cj h , I t i p a - least 0 r 1(_ eac7h week, yr mc.i:e f)ften if deeined r.ec.essary and [(;r.- of site, includinct a,,-, p I i. cat. i -,n of i_r Co j ve con t a i r-, e r decals and prornr)t '_'-&rrLav; '._ of c jra f f 7. Formatted: Font: Courier New 1L; -', o m p. r ; s F3 i n a nd V o t c) r l R e c e P_ t a,7 I e Distribution pro _rT TT. At -he CITY s r ue, s GRANTEE, at r., 0 Formatted: Justified ad i t. i.,)na I co.-3t-__.ar.d im�xpei'.se, shall T)Z-or.,ore and Deleted: H. A list of all lost, -,o,,- ; - - - -_ ­ ­_ --- - - - - - - -_ I or damaged recycling receptacles a is f r i b y t e C7TY-F�rcvided _cc,Fp-ast bins and emp, t I byGRANTEE,indudingthe - t'l __ *_ . ­1 . � _­_ ---. _. ­ — ­_ ___ - - __ —1. replaced i:C'JSd Tri 1 0 r o e c t i o n r-ecept a cle-s, address to which each replacement heainrt�.rig :he effp( L L ve aalLe of Lhis Ac4reement, to receptacle is delivered; ancMI rP_S1Clcirltlai CUStGITLers wit,in, its --ian,7hi se Area ,as request e:-J by -' h e C ITY . CITY s ha 11 p r,D v i d e i r "c,i-ina t: ive s arA -di cat i ona L i n f,,- rniat ion I o aC'COIC,pany Y.'e�eptac-.les. ,(l?Identification_ of c ]:.e s T.Iithin 9G cia��s of the effez:-_ive date of this AgreerTient., GRANTEE, upori a,.:, pr o v a I by ttte C1 T'i , shall deve I op arid �rrpieraent, a projrarrk i is 1 q -na t. ei n encourage par-ti,cipation in the C=T,''s resideritial curbside (I C C: I n o pro s i d i- n. t. i a L Prem'_-ses not prai:tic.-iratinq _a.s c)f me :]ate of - 1-T e--- c- --I _-F, ff E reinforce rec\,,-c 1. na pr aq ram t- i. on for all cu-_�-;t=ers an a r-eqular basis. Such effor-Us riay i, r:c'. ud-:� i ng per i od i:'.- was Le au( 1 L.. S i- e*1 k- r L - e (i K e. S I U k, 1'. U I a r r. (-M I se s , o f fe r 1 r I -q �;& tic;Lpation incentives, and TO r s,-:, r-, ri s c r i n c:c):i`e-s*-s i-o award proqr-a,,ri participants. ,(14) -Contairier Cc.ri-_ent Inforrnation for all Cc.ntainers p. A �',j F� S, I- OV L d ed ,.o Cust�,)mer-S_ hy ha 11. r o v. i d e and a 'L f i x r -) stic.-h C o r. t a i n iF.- r «t F. 0 1) r a _at.d _ ":pelisse i it fo-rr.e *_ i3O_tI_ C-c-t- c:('rl Wj :'J, '_ext. a"-)[), ore ty t-Y A- - - - -- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - U "PO r- t G P'T�fj t I n .3 i d r a i I r I e I yl and sl_aLo f t., nn in for tar, p 11 L c n;i zz e a n Ci o1- c o ri v e r 5 i o ri .,f u r i a rl e* (I as C) I i :I e aI di._Se -1 f � C.- I refuse v .'. f I i C I e S t C; ,al -ernar._ive v..eh_-*c:.,_'Le,3­.DRANTE.E.--shc-i-1.1 _provide j-' rogr.2--s Sulana_­" as �:�clrt of annual rer'or.t to City. e�ANTIh shat _ . - c o i l i J e r us c. of r* C motor oi in reti.lse."'.r(�Cyci -les c)perate-d i- t r. c-.ompariy, `hc� use re-refined mo-ior olis i -3 11 i.n. - on s i s e t w e,i i c I e -narlifac;,ij rrz' r s or W, d r r 1 n ✓ rey.iirkr .iments G_71 AN-EE s a '1 rcvide y i.' I_L�d n.,, ,7c) 1 Lised as part F C - - - - - - - - - - - - - -- - - - - - - - - - September 3, 2002 56 Formatted: Font: Courier New Formatted: Justified Deleted: I. Items not listed in A through I above may be requested by I CITY upon thirty (30) days written notice to GRANTEE for inclusion in any subsequent quarterly report.1 14� Formatted: Font: Courier New Formatted: Justified, Indent: First line: 1" I Deleted: 4. Monthly Reports. I Formatted, Font: Courier New Formatted: Justified, Indent: First line: I" Deleted: GRANTEE shall submit monthly reports which shall be due within fifteen (15) calendar days from the end of the monthly period being j reported. At a minimum, the monthly i reports shall separately identify residential and commercial solid waste information as designated by the City Manager and include, but not be limited to:1 Formatted: Font: Courier New Formatted: Justified Deleted: A. A list of non-subscribing accounts, cut -off accounts, and new accounts to assist CITY in its enforcement of the Mandatory Refuse Collection provision of Title 8, Chapter 36.1 B. A revenue statement, setting forth monthly Franchise Fees, and the basis for the calculation thereof, certified by an officer of the GRANTEE; andl Exhibit C RESERVED I Exhibit -1 P, C • Formatted,. font: Courier New Formatted: Justified, Indent: Left: Hanging: 0.5", Line spacing: single, Tabs: 0.06", Left + 0.21", Left + 0.63% Left + 2.8", Left + 3", Left + 3.25", Left + 6", Left f Deleted:. All information required by the County of Ventura and the Ventura Council of Governments (VCOG) for planning purposeii. Formatted: �Font. - Courier N' Formatted: Font: Courier New Deleted- I ­-Section Break (NeA Paw)--- SPECIAL WASTES1 EXHIBIT Ft DATED DECEMBER 23, 19951 S ... Formatted: Font: Courier New Formatted: Justified Deleted: For the purposes of the Vehicle and Equir.a.ent Standards..____An%1. vehicle GRANTEE providing collection, ,A Or the transportation, disposal, recycling and roll-off drop box services for special followling shall constitute the ,I . Ha._,ardcus jWaste Xa r7i i r gs G. R A N T LE E shall mark 'all or-. Formatted: Font: Courier New �j Formatted: Justified conspicuous n o t i,,-- e s wa rn i rig that t he C111 sooszil of v _ .1 Formatted: Font: Courier New Dekted: transported ?"I Formatted Deleted, cleanup of a spill or release Formatted chemical substan col"er thaE shall bv: s�3curely placed over the entire -�f an,, art* or thp loa,-J. Formatted: Font: Courier New jFormatted: Font: courier New Deleted: RUQZNjL&j j Formatted: Font: Courier New Deleted: -week Solid Wast( . [266 1 be th)_­ Deleted gait j riot_ Formatted: Font: Courier New i i audible :hat� is activated, wher; the All' veh'cles and (-quipmcrit sha-il be main--ained at ' A Deleted: 3. Returned Check � ' Deleted: 4. Additional Bulky Item reqi.-, remert t s a no. sha.] L comp I V wi- th a 1. 1 appli cab le i (After one free pick-up of up to two items per residential customer each ' gross vehicle weight zating or :.n excess of the Code, ..�hichever is Iess. September 3, 2002 59 De1eted: 1. Bin Ratesj A. One (1) 1.5 cubic yard bin with following pickups per week.1 week $22aal week $a2§JB week $4bLM T,xhi bit E REP -CRT 3 Deleted: Non contracted 1.5 Cubic Yard pickup: $_212ff Compacted 1.5 Cubic Yard pickup: DA-_ED CC_T_(_)3ER 1, 2002 1 X weekly pickup ratjM quF.rter shall be .... sub)ect -,o a fpeof up__t:o_$200 •pr dart _(except f e I ;i-- such delay is -Au�e tc, extenuating circia.-Tistances t 0. 1 -, C_ % E '1_. �_h or is attrihutahlt:. l.c- "I"" A d V, e - Fafiure t e p C'rt- - - - r-7n e refus-al, - Lail are Deleted: B. One r 10 ( I ec. t. I y of 1. r e F) 0 r �. s r e.q,j I L e i , or the ' De leted: 3.0 cubic yard bin with T.(,- :-I] S L o ri C) art mai.eria-1.1N, 4-a Lse. r i i. s I e a di nj s t. a 1, e i f i P. n t. or -6 following pickups p or week: represerita!:iori. r-iade _)winq1%, by GRANTEE - k rk r in such report shall e Federal, S ta t e , or Ccui)T:.y deemed a b­_�acl. A-ireement, and shall sub -1 ect CITY Sill u- t:'­o7iously wit`, GFATH.E ' S fii Lnq -mater'..al -'RANTEE to all remedies, leg=- -or _eqk_rif ib' e, which are available n s or a to the CITY under the Acireement or r)therwise. Reports which are Compacted 4 Cubic Yard SUb,rdUed aCter 30 calerdar zja v s f.-).' I ow 1 ria the e n d of each quF.rter shall be .... sub)ect -,o a fpeof up__t:o_$200 •pr dart _(except f e I ;i-- such delay is -Au�e tc, extenuating circia.-Tistances t 0. 1 -, C_ % E '1_. �_h or is attrihutahlt:. l.c- "I"" A d V, e - In f r tryt . i or, GRANT! F, shat: provide De4eted: I x week $ 22M. 5x copi_es Of al i repor:_ s --bnij.tAed by _GRANTEE: to �. -CIT', -he. EPA, COSEA, the week $2"7 al- fornia In-r:egrated . — Waste Man:3krTement Board, Local Enforcement - 1 Deleted: x week $166.3 6x A,j.*,,,cy, jr any oilier Federal, S ta t e , or Ccui)T:.y agency. copies week $45L.58 sh,--;'.1 he subr,-'.tt.:­'d L.C. CITY Sill u- t:'­o7iously wit`, GFATH.E ' S fii Lnq u' i l i 'ed bv 'd �zcha rri e du:. i es of such M'F. z t e r s wish L s a i d st.'_Tcn -ies GP,.A,Nj----E , S 0 U i r e n s or a c u r r (2 s c, c, r: d e ri,--. to .._c9 es r­rr...d not bc. au7ornat icd I IV Compacted 4 Cubic Yard submitted to CITY, '1, 1. 1 shai be Made avrai�,.I'bie -o_ CITY '.. r; 0: - - - -.- - - -. - - - I 1 1. 1 .- __ - - -.- .1 1.. . I - I . - � � - � .- __ - .... wri _t en rerues- . . F�r>N T L E a— J1 arch o t t h e irk shall subm4 t to C I T: of a, 1 pl.-�adinqs, appi i:--:at Ions, .. - , I Deleted: 3 x week $239. 19 7 x week $§.NUl ;4xweek $ 2LII..281 c a t. o n5 , c :)mrr.,,, c:.,:. 'in d_ a I I d e,..:i s i o n s , Deleted: Non-contracted 3 Cubic . . .. ....... -.- - - of vioiar.ic;n N C)v S and Yard pickup: $_Z%M Compacted 3 Cubic Yard j.x�"; h— any -;'eck,ral and S:_aLe- pickup: ZA incli -Ii.ria, l,o(-a I En �orceirent AIpnc.-.. es, weekly pickup rate% —&-ction Bmk (NeA Page)_ California Unified, Program Aqencies C U PA' s thf-1-- C. One (1) 4.0 cubic yard bin with P i :111 wa y 'THP" and ocher 3 r following pickups per week: i f i a i I,, tc) GRAN-?E'S . . . ..t..' . . pc r rvrk�i nc,.*2 c. s (�. r. v i c.,� L, an J :h sarety of c.ouipnient u' i l i 'ed bv 'd �zcha rri e du:. i es 4 x week KUM I.; n L.,7 r :z e r. I e. i i t n s or a I S 1 t'111 i t l t- C I Ty o h,= r Deleted: 1 x week $104,00 5 x week 67 _L1 : in t o r! na o r e 1 -1 s i Ch arras r c� At _ 2xwee$ . 1 6x Tn.°_ e "I M ri C r - y r cp- e s i C, we ek $_��971 3s3 P A s i h h ' S Jxweek $270.3 8 7x in de r lhiF . . . ..t..' . . we ek 5643.164 4 x week KUM t r. S F.­1;.J eq-_ii red - n s or a Deleted: Non-contraed 4 Cubic 1 Yard pickup: t kup: $4 S EC T-1 ON z_1 _L b i v:'A a t: h' 0. 1 r 15 e Compacted 4 Cubic Yard pickup: $2 x weekly pickup rate¶ CC c= C RAN: T E E'` annual an d o- 11F) r Deleted: 2. Recycling/Composting p i pub ic: F i r. a r,:: r:! I rep: ..� I.S ;r t. h o.-� (-� c, f j- t, Bin Rates% r, .3 un's - d i ei r 11, ��rii ared corr.),-)_natior. arA .1-7: _.- - -.1 - ..-- - ... ..:.^ 'I . ..... .. 1 __ Deleted; . One (1) 1.5 cubic yard i bin with following pickups per week he r e :I It i L i E. s, as r r e. C I TY ret:jt.es ti 5, q h a 11 .)r s, i L� i i i z t e d to the C f fY - w* i -t­ ii n- thirty —(- 3- -s-- -after - -, — r e C - L t G f a a -11 e S t. GRANTEE - sha 11 - mace --- available to the CITY f or -he records' pursuant. to r-his A ne-cessary to .g Pement as m assist the CITY in r-icetirl-ri- its Obligations under the Act, or a mf e -rided. _D 5iqnat,ea CL *...,/ represent at.. - ves sha 1.1 have the rlqf-.t re- cords or reports cf Le E0 r 1- -3, -�)r, 11 ca L i cias and GRANTEE's rate -r e V e 111; performance provided for in this Agreement. Annua.l Retorts. Deleted: I x week $ 41,59 5 x week 5207,9911 2x week 3" 6x week $24101 Deleted: xweek $124.79 7 x week $291.18 •--- --- ------------------ -- - - -- ----- -------------------- --------------- may cowlucl- an annual review in order to Deleted: 4 x week $166,3$4 .'rho- .-.--I"Y ova .Luato he _-e. ve_. ;.ind civaiftv of services provicied t;y GRANTEE il —t- ;3Fd-66---r-eview existing rates and chargics. GRANTEE shall provide Non-contracted 1.5 cubic yard pickup: a year-end ar-.nual report. to �he C1 71Y '.)n or before January 31 of $2&-M The Annual Repor': shall il'Iciude the B. One (1) 3.0 cubic yard bin with ---- -- I following pickups per week:j � u s s o r of educ3.-Jor, and r.)kjt)Iicitiv efforts and "eted- I x week $ 51.99 5x reports week $ZkaM __Lub i-_, r e C fv a he case of a as IaLle. -n - 2xweek $J04,00 6. ��vi'-den:-e ba��,z!ci the fc,imu a it Ezhihit: week $2LtM% i 3xweek $155M 7x H, to the anri-ial rate adjustment; week 5363.964 i L i. s 4 x week $297,994 C., hte i t Ips, r , i addressUs of t - he owners, Deleted: Non-contracted 3 Cubic _'I o f f i cef s, ,,-i Lectors anti s. t ac- kh o 1 de r s of GRANTEE A Yard pickup: $_ZIM. 1 s t. of F L.-ckhol o r other eq-ii ty i n v e s ors Deleted: One (1) 4.0 cubic yard bin .1 ho i d i:-,cj, t i va p c r c e n 15 or more o f he- vor-117.9 with follawing pickups per week: - - ­ T� - — ---- ----i- -- ---- i II t (? rest 111 GF�AV arid any bsidiari(-IS -4-1- - . . Unless Deleted: i x week $ §2A Sx GRAN ":,E wfiose- ar-jr-iiial reports a% __Lub i-_, r e C fv a he case of a as IaLle. -n - -,)u b i ic 2xweek $124.79 6x -------------- cL) rat ,jur, < F y of -report shall 1,e i week $27I_38N r o,./ l e cl Il e. a q e r a s s,-,) o ri as i L i. s we3xweek j4 $187.18 7x ek jfLM ti'-) tt'.e Public; Rate: $278.70 (market value 1 4 x week $ 249,5 11 c-jt.at.i,.-)-is r(-.ce'�'Ve-J in Deleted: Non-contracted 4 Cubic Yardpickup: $3&., 491 j ( Deleted: TEMPORARY BINS/ROLL- OFF DROP BOXESII )t e7 vehicie ir 7,RANTEEIS fleet operFirec.1 -- ---- - --- - - - Temporary 3 Cubic Yard Bin Rate: S of 'acre cal-) 72804 -Irkodr31 a ]:--I C t ia s I —ISC' V e h Redelivery and Reinstatement Rate: f ji.7jaj t i oil �jrc.j type ot serv- -P v e h 1' c 1 e $ -25M Roll-off Disposal Rate: $139.35 plus landfill/ recycler feel Roll-off Recycling Rate: $'13%35 77. r R (-, s i n. t: `-'ca i E! r em i 3 e 3 vi i 7: h i n (market value negotiable)l Roll-off Compactor Rate: $278.7 '.. Fr a r,, h e /!r . 'a , —R-e S l iC.r :t it P er .1 -; S S plus landfill/ recycler feel i c e d , re, ,F..ri I. i A I riok:qeh,; .ds t•-� i Roll-off Recycling Compactor zse. r,,!-- cc- , vacarit dwt-�"I I i ng Uri i t S , Rate: $278.70 (market value r C, U S 11 :"1 S 1 d c r: c.,- s -e t negotiable)l ...... Section Break (Next Page) ------ MISCELLANEOUSI September 3, 2002 61 ------------------------------------------- G. A year-.'o -J report., - -�, I. form sat' sf'�ct,:,ry ZO t .e C-T1', on the CI` Y p r,,,qr e s 3 irl _ meet.ing a r. d I'lair.tainific'—its ability to meet its 00aiS UFICI( PR n::j w: th arty chan--.ies. 1 4 Q1.a ter] Y 'Report_s Deleted: 1. "Hard to Service" Vehicle Usage Rate: Ng_QhMrj 2. 'Hard to Service" Bin Moving Rate: No Charael 3. Special Bin Lids (Locking/CBL) Rate: 530. (one-time fee) 4. Deodorizing/Replacing Bin Rate: No Charge Once Per Year ($30.00 additional)l 5. Charge for Returned 11 mi- V I- e r10 r t Deleted: ...................... fort.v-f (4 5) days aft r! lie close c,f each f i sca 1. RATE ADJUSTMENT SCHEDULET u a r t- e r , G.:2 A.N TE E s ha L , 1 s u i)m t _:i 1.r i- t e n (.ju a r t e r I y re po r t 4n a EXHIBIT HI orm approved by tnFi CTTY, i n c I i d i n g , t ut not liruted to, the DATED DECEMBER 23,19951 ol.lowiriq information: 1 1. Annual Consumer Price Index (CPI) I and TIODing Fee Adiustment.1 ,A. By rre,:hociolog-,/ tc. mutually agreed u-Pon the ...)2721 _a _by CITY ar• GRANTE' v. e 1, 3`1 L Jr VC)1LIMe_,')f Resildeii-ial Deleted: (1) CPI Formula: Rate x ` n7, Discards, Bulky Items, Source T—Diid WaSte, ild (86% x CPQj separated Yard Tr mr.inas and source separated lI P. e c Y,--, 1 a'-­ 1 e So I id vast: I ec t ed f rom Franchise I (2) Landfill Tipping Fee Formulaffl _-:ol Area. I (a) Residential Rat - $0.45 per collection b i-:s, tc-jeph,7;r.e book coliec ion $1.00/ton landfill increase times 3. A c, r. 1- 1. a ncl I. i I i n v oic e s for Residential current CITY published residential _!sal �:,ursuant to this Aqreernent. recycling (loss yard waste) d(—... [2-731 11 mi- V I- e r10 r t f C 1 j,% I. (;,n.p r c, a Deleted: (b) Non-Residential Rate - C S e t ..-, u f and part .. p,a_tL I-. n rates for incj 1 .90 per $1.00/ton landfill increase -c-.i __rec,�c._' times current CITY published nonresidential recycling diversion rate less yard waste. concrete, and ' Ji. 6v i (�! i t. ri d otter inforrna'-ion rega rd i nq asphalt, e.g., $1.130 landfill increase special Collection p r o o ra rr. s during the quarter wth a 25% diversion rate would OIrj-i.i r C11: S r�CY4S�;aper and . V ca rdL�oard equal: $ .90 x I - 1 .90 x 25% = $.90 - $.23 - 3.67 rate incease.% collection b i-:s, tc-jeph,7;r.e book coliec ion pro g. r a r(L S r Deleted: ------ c B. Se rates tsn;.tfistd in In the event that efforts of the East � _g __ I ­ a C; e d I­)1:__ A-N-T E, i n: -1.11, - - i I . I' r F .-_' : this Exhibit shall be considered an • I unauthorized level of service and rate County Waste Task Force to enter is z a r d c) -,l s Wa sir e o r M, e d -* c a I Waste inadvertently and shall not be provided or levied into an agreement with Waste r L rq the 71-1-jacter, ri c. I u d i! 1 11 _--Z t. r,lynie r Management are completed and a a a d r e s s K n i ana� L*vpe �,j ljaLf-�ria - lower tipping fee results, GRANTEE F­_11 z --* rial di .Pos cn ot EI-11 zara�ous Was-- e proposed rates shall be brought to the attention of the City Manage( .. T27g7 agrees to reduce rates based on a formula which calculates 1) the averaae of the sum of alithe 11 mi- V I- e r10 r t f C 1 j,% I. (;,n.p r c, a Deleted: e.g., N the average tipping ----- - tc, tho '- IFY. i fee paid by the GRANTEE over a 12 month period is $34 per ton and the actual tipping rate approved by the County is $36 per ton, the average of G P, t t r t t t CITY, G. I-, t I the two tipping fees is $35. If the East 1) r'O j S S j t r MCQt i r-i(,- acid ria j nt.:ai iA n i t. S I County Task Force negotiated tipping a t) 1* 1 i V to me,-t its cioa Is under AL? 939, al onri with rate. is $28.00 per ton, the tipping fee any rc,(_cr-L7ILOr1C,'fd char.-, c•s savings of $7($35-$28) per tC - .. aD H A I i f za 11 o t s V o 1 e n Jr dElMa ed recyc_- lng B. Se rates tsn;.tfistd in - - - r. 17: � _g __ I ­ a C; e d I­)1:__ A-N-T E, i n: -1.11, - - i I . I' r F .-_' : this Exhibit shall be considered an • I unauthorized level of service and rate P Tres s "'i Tta IS a r L l a E, I riP, 11 t- 101-:e ( and shall not be provided or levied de i i y within the CITY limits of the City of Moorpark. Such services and IA --If­-.! '1.11; of rtcn-siitscr I bi rig add Y e s S e S and proposed rates shall be brought to the attention of the City Manage( .. T27g7 September 3, 2002 62 accounts, c ,I t - o a c, u 1, t :3 , and n e -w a .z.,coun t, -9 to assist CITY in its enforcentent of the Contract and Payrr,;?rit for 01 ol i d W1 a s t e Col '. ec t i on Services and related provi:idons of 'ri.*-I.e 8, Chapter 36. This list shall include all oertine-nt CUStorrker arid situs r-1 f o r.md L i. f" r-, including custoner name, site address, c u s t ome r t e ie, p ho ne i%kimbe r, and it different t t �. e Ei 1 i 1-1 --1 ri - name - -- - -a-d-d-ri -,e- —ss —, -t* -e- 1-6 -p—f 1-3 r —ie - number a r i d property owner's riamp; and inforniatiion that GRANTEE may_possess that may assilst the city in enforcil�-2 tie 8, Chapter 36. Non- subscribing addresses not Subic --�r cernen t C t er f , -, " J- the Re f u se Collection provision of Title R , Chanter 3, such as valid exerv,pt.ions isstve-J Ly, shall t,e submitted in a _sf-parrite with the reason the account is not. s,,&ject 7:o enforcement indicated. I I ems not 'Listed in P. throuqh I anw,,P may be reQuested by CITY upon thirty (30) days written notice to GRANTEE for inclusion in. any subsequent I Deleted: (2) Special fees. jarteriy . report, as reasonabiV necessary to assess GRANTEE may, in addition to a IZE' s compliari.cr-,-. wi-h its obligatiors under this monthly charge for Solid Waste me I, L services, charge an additional fee for accounts in arrears ninety (90) days or more, at which time the GRANTEE Mor:tiinlv RepJr,Ls. may require a deposit from a customer equal to the cost of ninety RANTEE she:ill submit shall be due- (90) days of service before renewing or continuing to provide service. Such fifteeli (15) ca`erda!' days rcm the end or tLe inoll--,hl deposit shall be refundable and shall e. d a e I y hal p(,r�od being rep, ,r miri.:miji, Lh.. rnortti� rep, LS s not replace or reduce any past due separately i de n t i fy residentia and co.runiercial solid waste 4amountsorlatechargesowedwnich Lrf (-:!:rriation as des icnat,-�.iJ, 1)y th.C- C' I:y Manager an(l but i may be required to be paid in full at the same time a deposit is not k-'e limited to: paid. f Deleted: (3) Rate Review. Ll.s '. nf acco�jrit s, cut—off GRANTEE shall pay to City actual City for a cc C U.: I and new accoun-.s -.o assis' CITY in its staff costs staff time spent processing annual rate reviews, but eat r _Ghent. t: I C, -a I I C r V Ple f u1 e CO. 0 r I not to exceed twenty (20) hours r.)rovi:z4ion -f T O. P-Q, annually.1 Deleted: C V t, r , J St. a L f Ll7 T1*,`),iU-.1-,/ Franchl 5e 'C, INTEGRATED WASTE I MANAGEMENT ACT TOPICS1 Ftr- E-, .9 and h e a s or r he o r. *.hereof , I ccrtificd bv an otficer of -GRANTEE; r.a EXHIBIT tj DATE DECEMBER 23,19951 i n t ,) rra i ,:r r ecpi i i: ed 0v t n i ri t- y of VPn!�ur„ i Deleted: 1. GRANTEE will collect a'1 7 ne 'v` e n- u r a o --i r1 c. i I o f G�)vcrnrr..ent— JVC� f r and pass through to CITY a CITY AB 1 939 Waste Management franchise fee T1 U r- p o,. on a monthly basis as describe for the submittal of franchise fees in Section Suvtna -r i e f c e. 11 c, c -- -J o, r i a,,-.T:iv.4ty on _ Disposal, 14. The Fee, identified In Exhibit G (Service Fee Schedule) shall be set a n e r. a n '! d a r -. i c 1, p a t. 0 1' I r� p ra m S 1-I a t:- J's and adjusted at the so discretion of le ac,cf�p-a—ie to the Cit CITY. I Deleted: 2. GRANTEE will conduct waste sorts and waste characterization studies, mutually acceptable to the GRANTEE and City Manager, for CITY planning monitoring purposes. I September 3, 2002 63 Exhibit F SPECIAL WASTES DATED C TOEEr �3RA. —EE shale not coiiect (a ;ido,is Waste or `pec^iai _Waste net defined as Universal Waste. For the purposes of SP.i�NTEE rC •ldinq, coile l.i.on, ng and rOli -off drori troy services for arjel -ial Wastes as specifle^., in SECTION 14, ttte =ollc- inq sla t.]. constitute the definiti.or. of sLE?C:.ial wasties: QDritainer'12.ed wast.o .".C.., a drtarl, 1,oz, pail, Pic.) . Waste trans,))orted iI. a bulk tctn:.ker. Liquid wasto Sew�e _Sled (7e. waste from a T;ollution control process. kesiduP and ciebris from the clear.tp .f a S[;il_. - - -- - -- -- - - - - - -- - -- —.. _..-- - - - -- -- -- nor_- na .z ardols comrlercial rCdl.lct-S. Dead animals. _ Waste water. Other items as i-x.ltually agreed ut:.on in writing ))or--ab e tank I or release of jrl Gerforminq th(, Soryices undQr this Agreow.ent, GRANTEE stall comply wit)-: all federal, .state and local laws, regulations ar -d ord.i.r:anc..:,s a:;)>li::at:.le l _ tLe S.-,rvices prc,:,.id ^d purSUartt *o this A-1 ee:ner,L.. with respe,_.:. to Uri.�,,ersal. Waste, GRANTEE, staid plovida 1:he CTP'i s:ith n ;, +rit.`.er. re;.ort: .n a form prescribed by 1 t e "1'-Y t iat des, -ri) es the urrent. met -hods by i h i c i GRA.dITE col Pets. ,._ar.srort_ . han:11N.� . _. s car. -. re��•v:-:1 PS. ar,;, ri s:;, sPS ct Universal Waste. These r:-tethoas .shalt conform to a_i federal and ta'..e reau "itions t) :a. ?re ap pll l-)le. to '.iniversal Was ?. Deleted: 3. GRANTEE shall take all steps necessary, at its own expense, to reduce the waste stream collected under this Agreement and to divert Solid Waste from ultimate disposal in landfills or transformation facilities. As long as CITY determines, landfill diversion for recyclables, yard waste, clean wood waste, and horse manure exists, GRANTEE warrants that these source separated materials collected pursuant to this Agreement shall not be disposed of in a landfill. Disposal of these source separated materials in a landfill shall be deemed a material breach of contract and is cause for termination of this Agreement and revocation of the franchise.¶ Deleted: 4. GRANTEE has an obligation to assist CITY in meeting State mandated Solid Waste reduction goals. Prior to instituting any waste reduction or recycling program initiated by the GRANTEE, GRANTEE shall first submit the program to the City Manager for approval. GRANTEE shall not initiate the program without City Manager's approval.1 Deleted: 5. GRANTEE guarantees to CITY that it shall cause at least twenty -five percent (25 %) by January 1, 1996, as agreed to in the previous Agreement with CITY, and fifty percent (50%) by January 1, 2000, of the waste stream collected in Franchise Area A, under this Agreement, to be diverted from ultimate disposal in landfills or transformation facilities in accordance with the regulations implementing the California Integrated Waste Management Act of 1969 (as it may be amended hereafter). CITY, at its own expense, shall be responsible for implementing the public education and awareness portions of O ... z7j� Deleted: ..................... i 6. GRANTEE may, but is not required to, provide such services for special wastes as listed in Exhibit F. GRANTEE may provide such services for special wastes if contracted to do so by customers under separate written contracts negotiated between GRANTEE and the customer generating such special wastes. A schedule of fees for these special wastes services shall be approved by the City Manager. 11 f Deleted 7. The failure of GRANTEE to comply with any of the above shall be deemed a material breach of this Agreement .I Exhibit G MOORPARK SOLID WASTE SERVICE FEE Schedule of Rates January 1, 2003 RESIDENTIAL (Single Family) Automated Service 1. Discards Collection and Disposal and Recycling and Yard Trimmings Collectio A. Regular Monthly Rate: $21.41 Manual Service: $19.24 Trash - 64- gallon cart Recyclables - 64- gallon cart Yard Trimmings - 96- gallon cart B. Senior Monthly Rate: $16.07 Manual Service: $15.52 _ Trash - 32- gallon cart Recyclables - 64- gallon cart Yard Trimmings — 64- gallon cart C. Super Recycler Rate $16.07 Manual Service: $15.52 Trash - 32- gallon cart Recyclables - 64- gallon cart Yard Trimmings — 64- gallon cart D. Service Options Trash cart exchange from 64 to 96 3.00 /mo Additional 64 gallon trash cart 5.00 /mo Additional 96 gallon trash cart 8.00 /mo Additional 96 gallon yard trimmings cart 3.00 /mo Recycle cart exchange from 64 to 96 1.00 /mo Additional 64 gallon recycle cart 2.50 /mo Additional 96 gallon recycle cart 3.00 /mo E. Limited Service w/o Yard Trimmings $15.40 /mo Trash - 32- gallon cart Recyclables - 64- gallon cart No yard trimmings service F. Service Changes Customer may change service levels during 2003 at no charge. Subsequent service changes after January 1, 2004: 5.00 per request G. Additional Charges Move In / Move Out Service Rate: $15.00 Additional Bulky Item Pickup: $25.00 per item SW RATE 2003 Schedule Page 1 Exhibit G MOORPARK SOLID WASTE SERVICE FEE Schedule of Rates January 1, 2003 COMMERCIAL (Dumpster Bin Service) 2. Discard Bin Rates A. Monthly Rates for one (1) 1.5 cubic yard bin with following pickups per week: 1 time a week $99.31 2 times a week $172.70 3 times a week $246.12 Non contracted 1.5 cubic yard pickup: $38.46 Compacted 1.5 cubic yard pickup: 2 X weekly pickup rate B. Monthly Rates for one (1) 3.0 cubic yard bin with following pickups per week: 1 time a week $111.91 4 times a week $369.90 2 times a week $197.90 5 times a week $455.89 3 times a week $283.91 6 times a week $541.89 Non contracted 3 cubic yard pickup: $44.93 Compacted 3 cubic yard pickup: 2 X weekly pickup rate C. Monthly Rates for one (1) 4.0 cubic yard bin with following pickups per week: 1 time a week $124.37 4 times a week $419.69 2 times a week $222.78 5 times a week $518.13 3 times a week $321.24 6 times a week $616.58 Non contracted 4 cubic yard pickup: $51.28 Compacted 4 cubic yard pickup: 2 X weekly pickup rate 3. Recycling / Composting Bin Rates A. Monthly Rates for one (1) 1.5 cubic yard bin with following pickups per week: 1 time a week $48.64 4 times a week $194.59 2 times a week $97.31 5 times a week $243.24 3 times a week $145.94 6 times a week $291.89 Non contracted 1.5 cubic yard pickup: $16.05 B. Monthly Rates for one (1) 3.0 cubic yard bin with following pickups per week: 1 time a week $60.80 4 times a week $243.25 2 times a week $121.63 5 times a week $304.05 3 times a week $182.43 6 times a week $364.87 Non contracted 3 cubic yard pickup: $20.07 C. Monthly Rates for one (1) 4.0 cubic yard bin with following pickups per week: 1 time a week $74.10 4 times a week $291.88 2 times a week $145.95 5 times a week $364.87 3 times a week $218.90 6 times a week $437.84 Non contracted 4 cubic yard pickup: $24.46 SW RATE 2003 Schedule Page 2 Exhibit G MOORPARK SOLID WASTE SERVICE FEE Schedule of Rates January 1, 2003 4. Temporary Bins / Roll -Off Drop Boxes A. Temporary 3 Cubic Yard Bin Rate: $85.14 B. Redelivery and Reinstatement Rate: $25.82 C. Roll -Off Disposal Rate: $162.97 D. Roll -Off Recycling Rate: $162.97 E. Roll -Off Compactor Rate: $325.94 F. Roll -Off Recycling Compactor Rate: $325.94 5. Miscellaneous A. "Hard to Service" Vehicle Usage Rate: B. "Hard to Service" Bin Moving Rate: C. Special Bin Lids (Lokcing /CBLO Rate: D. Deordorzing /Replacing Bin Rate: E. Additional Deordorize /Replace Bins: F. Charge For Returned Checks: G. Charge For Delinquent Payments: SW RATE 2003 Schedule Page 3 + Landfill /Recycling Fee market value negotiable + Landfill/Recycling Fee market value negotiable No Charge No Charge $30.00 (One -Time Fee) No Charge Once Per Year $30.00 $15.00 $5.00 Exhibit H RATE ADJUSTMEMT SCHEDULE DATED OCTOBER 1, 2002 1. Annual Consumer Price index IC"I)_ and _Tipping _Fee _Aciiustment. The clIjIng,on, rates in Exhibit W shall bt,ydjunW2d to refiect_Ajanges in the ��c2.,s4pier__2rice_index and landfill fees without further actio E by the City Council. The jqiustmeno shall be effective as of the first Qay of_Jlanua,r_y of each calendar year. The CPI -adjustment shall be equal to the amount derived by multiplying the previoas Hauler Rate t ivies _ne percentage increase or decrease in the Consumer Price index for all urban consumers within the Los Angeles metropolinan area during hn pLiur calendar year, excludindi the h-)U�S I- nt. The "Hanler Rate" means tne ezisting Ass Franchise Fee a --- d-A rate n B if39 Fee. The comb :arison shall be made usinq the month --F 'July of each ; ear and shall be etfective each ter. As of July 1, 2002, the posted landfill lipsing fee for Franchised Haulers Ls $39.27 _pj;_yon. r 'L The first are Jjusment shall occur January 1, 2003 as authorized by applying the terms of this Agreement. The landfill :.ip,,:rIo fee ad`ust-nenc shall be effective at the Wart of he irs- fij-1 c:i' attar -the -11haf 114- IT P-P-Ang-I oc AS adjusted. Me formulas For the annual CPI and LaWfil: Firping Fee AdIusiments are as follows: CP- Formula: Hauler Rate x (86Z x CPT (2) Landfill Wpina Fee Formula: W) Residential Car-, Service Rate - A landfill --c-h a il-jpe -- Is aa cumLed by,muMplyIng morWy,jesidenzial. a. cc5-6 --i t -d sell b y tae c h a ng e in t h e amount c.- tLe posted ndf ill c.har:je per tor... Tc deLermine Me notal annual waste WnEaqu gcal 1 qq[qdjn! GRANTEE is divided by tne tonal Ewer at GRANTEE accounts and Py Wive- -060 ho in a year Y amou"n 61- the solid waste tun naqe is tY: FaVal M"Y residenUal I andN I I so waste to_ the &A-M&HY-FaMah? year. UW, npyr , 01W, , the annual -Asidentill solid waste notated 10, 191 ibis rind Lhe - ro was x!: --,-,.,cra-gc of 7 ;3 a:­:C,'OUntS. _fie noi-:ria ge 'by the acco..ints equals 10,191 divided by 7, 903 = 1.29 tons per rcsilent-al accourL per near. Mvidin• 3.29 ky 12 7 tons per household per month. thi AGENT can also ajIrjj a res 'It i a I disposal/number of accaunts/1 (tip fee change)= monthly landfill Change. A recent Landriji increase was &-92 JM' Unk For a new Posted rate of 1051 -per ter,. Therefore, e landfill increase for residential customers would be calculated as TOILOWS: 10,191 residential tons I .50 re s i de n t _acs punts c 7 1-2 pep mom*i landfi-LI increase 5.10 increase per -- month for e-a-clh--i-es­i�jTerjti, --- al account. -AkusVments to the Yard Trimmings qi_s .oral same manner to A )0 c-a ul*,a d in tare 156 A- Vol .pass thro adju-Ments to tine osted tippina tee tor It the Yard -r-111,1:11nas tonnage is not availaNe, then it will be f.a(�toi-'ed to be 15'1 of d(--n-,jal disnosal voiame. --d fee 77---1 It- 72 ��P- P-C��iit�q_�+_-.T' i- for reen Tr rrlIlilnC,A is —1 2�5 7, -.- 7 Cl.— - - Q1, Residential Bin and Roll Off Drop Box Rate - ur the purpose f--- d-t e- cal , U- 1 lion, H is fee ao-ustment rate will of one hundred t:;ounds (jr)o _Ib i c yard of r, t7 11 _r S EA L v 1 H voluille prOv:I dea. To determine the - monthly T! a n d c i 11 rate various bin sizes and service ilygi, the formula can also be expressed as =SL[•i (((bin volume in cubic yard� *frectuency ol: wee 100) *4_33) 12000) * Khanqe in Iranchis huller laIldrlll rate }) . Fo r f7t�� ),5S examv-O, wIth a increase -ted MAIN rates, - Area once per s fill t,, d a 11 us 4 frin n L calculated as v 0 In w UM T (30 11, p q p $0.60. war MOnLh Three-yarc An pic incrcase. a bin Ozivoice, per wcek ndve a Vi.20 per month increase, Nntes• 4.33 represents Lhe avyraue rumber of occur. occurence Q?j -.- I , r* - -- -.- - - - -OPPI" 1Kjjj_= 4.33); repres;�nt's C- fi c - solution to variable parOnn of the raLe formula ) U , -- --e weight a t�'P- Ell :U,:'(: yard of Lne weekday 2U'6, tc-11. Seplember 3, 2002 68 2. CIWMP FEES County Inteqrsted Waste MaLYq=�.'It. P r1l):4 f a 151 ((7_1 WMP) fees imposed Q the -CointV sh !.l t_hr-u(4n t.c ','I"I'Y or ratepayer as jirecteci .may CITY. Anv CIWMP fee decreases shall also be wassed throu"h to CETY or ratepayer as diregredwy,QTY. As of July 1.,AQP2,theCIWMP fee is 50 -- ----- - -- ICQ f t ) n . ?. Extraordinary A. In addirion to, and nol, ir. lie­,i of, the ann,,lal CPI Mustment. UNANTSE shall also Le entn led to rate increases or decreases in an -hount,fquj1 to GRAMTEEIS Ely isbialn-a-r-y -there -1161- & --- - de-creases in its cos of collect _or. GRANTEE'S IM prouessin:g fees, now or a - - ier F�7- -Ieviel on CITY nor nei_l kmr sh, addej to the In addition, any fees imnsed on GRANTEE by arathi�r local pub..ic agency related to 91r use a: public infrastructu:e in the form of a ree or other considetakror: soall neiLner he :evied an CITY or any _;:�-,iot:o-ner G With')ut t.le o_ nary increases or necreases in Lhe cost. of coLlectim nc'-! .1 d Y way of exabrIV-10- Wt by --- No- of U 11wi gat_ ion: 11) a CiIdr•e: ir! the 1o(_"aLi(;n of the !andF!j of a0wr lawfu: ninjoyal siLes to Which CRANTEE is requirad io traLaport Solid Waste collected voieinder; f?) Manges Ln the local, Maw or Federal temporary bin and roll o. services and collection, epa i z an rsportation, ramion, or NsposaIMAM id Waste- 11) he new - - or incr - ea - q ' a ja;es, fees or Q;jgqj_ap_, (4) '} :nee in �aw. hny additional special, fees assucimed with special or r:,anda­_ed CITY �,rr:,cirarr.sin U: I- howe r M10 rcd n the Aa"mmant. AMI V d shall conside! a aLt ho' 1 ze C it raic. B. SprVres and ra:es nQ7 lisv9d in rnis Exhibim shall be considered an unauthorized =C_-vol of servico and - i'afe and shall not be uruMuod -or :ev'ed wit-hin Uu: 'IT':' .imins of tnq_,CAtj pf Hampark. Such services am-id ArOPOTOO ranes sha:1 be brounit Q khe City Maqjqqr foreyMy"Licn qqd 1 Senior cilivcn =4 or Recyclar raLe. The 20unri I shn I app7ove by rayo gkiorq the Orn (A L annual. rate review, -he porcentaqO chan2n inITIVA -or --sen-or --- c.-iti si Ly-.wo �62* r•f age &-.;J ai.d er rAt a. Th whinh shall he comparable September 3, 2002 69 tr rhe jVhD;pt:? for a] I ,::her customers. (2) Special fees. GRANTEE may, in addition to a manQly chazqe for Solid Waste seivices, charge an additional fee fur accounts in arrears ninety (901 days or more at which time GRANTEE may requ;re a deposin from a customer equal to the cost �)t r:1nt-tv s GI Vice betorp renewinq or %7.rjL.inuWato ser refundable and shall not provide service. Such . s. a e a:iiouri��F -.1r late ch—lqes--o-wed -Which may ,vt r;RqjXeO,;p py paid,J-1511 Tt it p k-_) s.:- is (3) Rate Peview GRANTEE shall paX to City actual Witv staff cosy s for s4aff time ,'recessing annual rate Ily[eys,jut not to exceed twenty_ J91,`yours annually, September 3, 7001 70 EXI.-Lbit I !NTECRATED WASTE AANAGEVENT ACT TOPICS DATED OCTOBER 1, 2002 1 GRANTEE will _to .��j_TY a CITY AB 939 Waste --Rana&,6*in6n---' FraPhise Fee an a monnhiv his -A describe for 'she submittal of Franchise Fees in SECTION 14. The --TE7 ifien in Exhibit S Service Fee Schedule) MAPS se L Tli-e­sr.-Te- disc_. et- Jor of CITY. 2. GRANTEE will conduct waste sorts and waste characterization studies, muivally acceptable P:- G- .ANTES and CiLy Manager, for CITY planntnq unniWinn purposes. GRANTEE sha71 take all steps necessary, at its own expense, to reduce the waste stream collected under tolls ,Ayoneement sEd--±6--aiveit Solid W a s t e disfosal in landfills or transEarmaticri facilities. As long, as CITY diversion for— recyclablegc- Yard and exists, f i�inni nas, clean weDo L 'P.A.17EE: Warr. , n -t s -t h --a t -hese source --- -separated as te s c J- u r7E--n - wa7 u n e d i 1 Q IQ of in a landfill. Msy"nsal of Mese source-separaled Wastes in a JandFill shall be 6eemed a mater is hreacn o" contract via and cevooaLiun of the franchise 4. Prior to instituting any waste reduction or _recycling oroqram ViKlated by GRANTEE, GRANTEE shall first submit the 21gagam to the pr _ CRANTEE snall not initiate The program wi:hou: Ci7v Manager's approval. GRANTE1,agrees-hat it will undertake reasonable efforts to --sWieve a As PTnnch'se Area colleMen under Lhis grpemeqL,ald the - rear accordarce win Ue iorrA ar-.d c:)nJ:,icns of thisAg!eemCir1t-. MT? at re.- -'Ons i bl e For pikl-'c anj awareness Porti Of the Source Rudu ian PeavcUnj Klemert, as U may be amended hereafter. GRANTEE snall ise best efforts to maximize the "RAN ot MAINTE6 My; ncn meet tne divers or reqnLremefts W Al 939 for its entire' -AM the Tin -deferminestnal-GRANTE-E has &A-65dindken icasonab! c . I a - ffo .- r - t-s anderLake reasaqw&e et. fo its La ATMmert. --hi-the My 16-110mize diversion If programs necessary Z, &HANYHh's vVe cost and expense. 6. The failure of CRA•EE no com*lv with any of the above shall be der. mod a •aLarial 1'. re of Ujs AqreemerL. EXHIBIT J GUARANTY DATED OCTOBER 1, 2002 This GUARANTY (the "Guaranty") is mate as of / 2002, by Waste Management Holdinas, Inc., 1-1 Delaware corporation ("Guarantor") , the address of which is 1001 Fannin, Suite 4000, Houston, T::,as 770021, in favor Cif the Ci"y -,f Moorpark, a municipal corporation (the "City"), the address of which is 799 California 11221, T�y M r. ___1. Reci va Is. This Guaranty is made with respect to the (a) The City and G. i. Industries, A Utah Corporation, and USA Waste of California, Inc. A Delaware Corporation, A Waste Manatlement Company ("GRANTEE") have entered into a FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK and G. T. Industries, A Utah Corporal -ion, and USA Waste Of Mifornia, Inc. A Delaware Management Company FOR PROVIDING RESIDENTIAL D October 1, 2002. (b) The City would not en-:er into the Agreement with GRANTEE unless the Marannor agreed to guarantee the obligations of GRANTEE under the Agreement as provided in this Guaranty, and the Guarantor, as a manerial inducement and consideration to the o enter int--,., ;-he Agreement:, js will-.nq to execute and deliver this GuaraR;y,An#,xa aqyt,tp and be bound by its terms. 2. Guaranty 2.1. Guarantv of ObWations. The Guarantor unconditionallv, ab oluteiv and irr(--voca,1-)-v quarar; tces to W2 My Lo WUM rho full, Urampb and 00MVI(IM oavMCK and Mr,*(JrTlaric(> Winer Ke of all Mcbtadwss end obliaWars of t. c is L'I I d [-' T.- L. h e Ag C'. c ri e r ric I ud i n q , wi tlliou L lln*Larjon, igwions of r t o GRANTEE Our W Aureament. 2.2,ypq;;;ty,qV,?3 yw;pj. the Guarantor or, 011-Guaranty is a quaranzy of paymcnt and perfKAWK-Tha-AT-0 collectibility, and is not conditional or contingent on the clenjineness, validity, reaularity or enforceabilicy of the Agreement ur tho purygit by the Wry of env remedies chat it now has sir mav hereafier - have 0.0 resve i a A The Aweemann. 2.3. Corr n0r��,,, JV r '7� -_-nt . C qnaranty of the indebtedness and obligaiiens of GRANTEE under the Agroomant, Mcludinq zal Y and al - such indebtedness and obligations which We rn%ewed, extended' compromised, or rcsLrustured frarr- time to time. 2.4,-IndependerL Ohliqakor.S. The Guarantor agrees that it TY-T-1--ecUl, pi irnara iy I an I e to the City, that the Guaranto he rounder are independent of the 1QUiRess and the _2b?jjAt?qjsR GRANTEE under the Agreement, A be brought and and that a separate action of Kgons may prosecuted against the Guarantor, whether or not action is brought against GRANTEE or whether or not GRANTEE is joined in anV such action or aciions 3. Consents ;y Guarantor. - -- 3.1. Consents. The Guarantor hereby authorizes the City, without notice or demand and wivhont affectins the Guarantor's liability horgunder, from time to time to: 3.1.1. Changes in Terms. Ponew, camoromise, extend, accept partial payments, accelerate or restructure the indebtedness and obligations of GRANTEE under the Agreement or otherwise chine e the -time forp_ayme�ntqr tare terms of any such indebLeaness or obi or any part thereof. 3.1.2. Amendment Waive, amend,res-ind, _ maditv or otherwise change any of the terms or vrovisi2ns of the Aqreemen�- 3.1.3. Liquidanden of Guaranteed Obligations. Settle, release, compromise, collect or otherwise Hquidate any of 4-he . 1 ndebr edness oq_ohIijq4jpns of --GRANT-KE—under- the- Agreemenn qr, any earn the y ccilavera. 7herefcr in aiv-61&IiO as the Citv mad' determine in its sale and absolute discre7ing. 3.1.4—.-Collateral. Take and hold collates l to secure the payment and verformance Q the indebtedness and obl i uat ions of (;RANTEF uncle - t to A-1 rcerrtent ari(:i e:,chang-.- , enforce-,, uai and rel-_�a�3c a,jy c,,Ilatlerai, and apply surf: o, I '. a t- e ra i and �1--ecn Lie order or manner of sale rhe"01-0 71-0 &-ky-7-n-Ass-n- -e an-d-a-b-s-T-luTe Mscret&n ma determind.- - . - . - - . - - - - . .. . -.,. - - --- - - --- --- - --- -- - -- --- - - --- -..- -Y 3.1.5. Reieases. Reie,-.ise or substitute any one or more chdar-sers or other IyaEantors. September 3, 2002 73 ---3.2. Non-l-Releaso of Guarantor. The Guarantor agrees that the City may do any or all of the matters specified in SECTION 3.7 in such manner, upon such terms, and at such times, as the on ty, in its sale and absolULO discretion, deems advisable, WithOUL, in any way or Yc5pect, ;moairing, affecting, reducingg,car ,pjpxViva, he Guarantor 4 o i Fs underoakinas hereunder and the Guarantor the matters SEC !ON 3.1. ------- ... 4. Waivers. 4.1. Defenses. The Cuar-aritcr hereby waives ariv right to assavt 4gainst W 0PLy as a defense, counterclaim, setoff or cross-c La im, any defense (legal or. equitable), counterclaim, setoff or cross-claim which the Guarantc,.r. rnal L --_t an r - _. h r after nave under applic bjp_lat,�, p or --n- ---61AIfEET -4.2. Presentment, Demand and Notice. The Guarantor waives all presentments, demands for performance, notices of nonperformance, protests, notices of protests, notices of dishonor, nQtires of defaulif of acceptanc.(-.t of h i= s Guaranty, dMaence arA noLWes of tM, existence, creaLion or, incurrence K UP GRANTEE under t pAyetpenIt a, W new or addi V: and jndebtednes.s ns T c i 11 C a a of CRANTEE -IE16111a-ii-iiiiiii-iiiet 41-hal - t. is -,i r nt.y.,_ ho ... ... .. . . , _c� and Ali - AMP limb K ---nit 1017) r ionm_,a f-Thatsoever Kim may be ennitiod under applicable law. -4.3. Remedies Auains; GRANTEE. As a condition to payment or yrformance by LLe Guarantor under Ms Guaranty, the Cltv shall naL ne required Lc, clod Qv Guaraniar hereby waives any a!d all rQqhs !,-� Xylufle Ap Qny :o, progecul, or seek LO enforce r-madies agg)ML GRANTEE a7any orher parky bli to Q& abSo can d-j! the indenzedness and objIganjons of -HRARitt cancer the t \, see, to enforce or resort tc irecie, �,,, -, t ai:y Yz s - t�h resu(:.-� r:o any security interests, liens or encoubrances vyarnod no tho njty_lvj GRANTEE rr aTy tith-er, ,rty on account of the indenzerincss and obligations of GRANTEE under the A ac r cc Q M .01 TnL th - 4.4. Subylat jyp Rjgh;s. jn*..il all the Ayeempyl on 0& 01450- are - M.y per"form-A and observed, the Cuarantor wha.i have ne rij;r. c,:7 s __i�; 2p;ion, rNi_mburs.ement, °'I- On_P 2nj_ indemnity or contribution against GRANTEE by reason of _d] LaLjonts or acts of porformance Q the Cuarantcr in comi•liance with the oblivamions of the Guarantor under this C-,iarantv; Septemher 3, 2002 74 provid.2d that-, nc-iwithstaridinq the tor(goirifj, the Guarantor Shall have no r iq I I t of sub roq at icri 2: C. 1'(t,,)U r S C'Me rl 1: , exoneration, ir-Aernrity, coritriUuti,-,n ,)r any other ri.ghfs that would result in the Guarantor bi:ina- deemed a creuit.G,- of GRANTEE under the Federal Bankrupt -cy Code, and 11.(-, Gi.,&.rarltor irrevocably —waives all sues] rig and. the right to assert. h riqhts. r. y _ s u c, 5. Waiver of Surety shic; - Defenses; Antideficiency Legislation. The :�uarantor aqgee,s that nothir g_fj2. r ined in this Guaranty shall prevent the City from suing on the Agreement or from exercising any other rights available to it under the Agreement, and that the exercise of any of these rights shall riot constitute a legal or equitable discharge of the Guarantor. The Guarar.to-r linderst.ands that the exercise by the City of certain rights _and __remedies conta-`ned in the Agreement: may _affect or P71..i:-n.i-nate the Guarantor's -.-iqht of slibrociation 1 t GRANTH 11 S anal that the Guarantor may thprefore succeed to F, pa�rtiaiiy or tot Illy non-reirnbursabie liabili:y hereunder_ . Nevertheless, the u - a -ar- tor her-by autic-rizes and er(ipowcrs the City o exercise, in its sole and aLsclute discrezion, any r--'c 11fts and remedies, Cr any ccr-,L1)ir,.atiorl of rights arid remedies, `.hat may then be ;r.,ailable, sirlcF it is the int.c.rA and purpose of the Guarar.Lrlr that the C'01-,gat.iolls hcr(­,wd--?r S Ila I I btu absolute, independent. and urcondLtionat 11r,ter any art- all (-ir,-' In s -a i.nd,-inq r.C:e.S. WD-how., E! a en P ra 11."v of rf (- fe r P q r. cA , 1 ]P Guarantor. expressly waives ar.y arcs all benefit n -I - ----C--o-- d- 809 K0 a r , --- 28- ­845, 28 49, 285-O and 2855, rid Calirorn-a Code of Civil Procedure V§ 58"a, 560d andi 7 2 h-, 6. Eankru.:):Cv. i 'S. 1 . - j - L � at) * I i *-v - �; f -­­-rir Lc:: C -, fe:--,,1,(-,d. Th'- of ,;uiraw, o- unde- hi, C;u,rant.-v shill ir no way b° f ecte d I)y: rr rplE,as' or -.iscnar,.ie of C3 A IN F I any .rp. .1 e -v e r f5 h l'ankruptcy- or _C; t. n t�' r r,�;,- e e o i n q; the Irma rme n I im' tai:i�.n r modi` tiction or thtE7 liabil the of GRANT ,D r . ......... s t te of GRANTEE, or any iemeriy tor the en-orceme-it. of GPANTEE's licib-ility, resulting fror, tale r),,ierati.,Dn Gr zin-y, present or ful:.ure of t1-:c Fe do r a 1 k runt,-y Code or- an-y, barkrup�cy, I I , SO I I Cy , J --� 1*: *- a r.: e I L o f s �: a t.!j,- c.- ; s t a Le or f•oder'alJ, Cr an (.1-he- sl­-tut.e, or. [rom the CiecisLcn c* ar:y c.c -urt_, --he r d1saf--irmarcP cA -otli ,A'­'-ors of urder t.tll r fzj ri r_1 ^:] r.. nc-- i eo 12 a-IV 'i u c, h (-.,.T.,? r t- or thel cessi-ition, C:a..lse 4!1­,::itscever, whether ccrl ,ansualorbv operetric-i cf 13,w, c)' 7 t nr' i`aciiity of :,RANTEE to . 'he 7. T•nn-fria--icii of Thr-, obligations September 3, 2002 75 under this Guaranty shall continue in full force and effect and this Guaranij, shall hot terrrniin;ate, until the indebtedness and KI I qaLions of GRANTEE under the Agreement are fully paid, Larformed and discharged and the My alves the Guarantor wriLten notice of Oat fact. The indebtedress and obligations of GRANTEE under Lhe AqreenwW sNall no� be conside red ner Formed nnd dLs,::na and by GRANTEE to the right o( he n part of any _ n opson- XOSIMOVII— without 'imi - Win,_ GRANTEE, GRANTEE as ueb:or- in-possess ion, or any trus,:e.e or receiver in bankruptcy, to set aside such payments or seek to recoup the amount of such payments, or, any part thereof. The foregoing shall include, without limitation, all riaAs W recover preferences voidable urJen Lhe federal Hankriptcy Code. In the event that any such b y to the City _aye _set aside after the making tr�rrof it whc'le senled without litiqation, to - -- --- --.- -*- - -- -- ----�--Which --Ts within the the extent such settj.em-qt_ al I f niqy ;_splq and !te d'i the Guarantor shall be full - the City is required to repay plus liable- for n� cusis, interest, attorneys' fees and any and all expenses which Ke City paid or incurred in connection therewith. The Guarantor Mall continue to be liable under W: terms of this Guaranty norwithstanding Lhe transfer by GRANTEE of all or any portion of !:. r -ft ---tr- !`finn to; B.A. M. Are can n-Z . 1. Otner Provisions. 8.1. Ezuenses. The Guarantor acrees to Pav all attornevs' fees and all other costs and empenses which may be incurred by the City in the enforcement or collection of this Guaranty and the indebtedness and obliqaLions of GRANTEE under the Agreement, wheLhcr or not tLU is filed. R.2. Tmere sv. All amoumj, rjqQ;d,j t k Me Gwrantor p-.1 rsuant 2 the 3rcvis:.ons of t pis Guaranty _ liminatj on, t to SECTION 2 and 9.1 hereof) shall bear WOMEN& the are duo to the date. of Paymot thereof at the highest rate permitted by law. Al'_ payments of such amounts by the Guarantor shy'l include anv such accrued interest. 8.3. Governs q_Law. The VA 'Aiky,_A2nstruction and perIgEmance of thki Mmrawne sha l I be goverr b� the _lairs, without TANYTO A Q- laws noile •- -cO--I i il•t of 1;:1ws, of the State of Calitornia. 8.4. Entire recmont. This embodies the entire aareement and understandinq between the City anti the Guarantor September 3, 2002 76 pertaining te. the sublect matter of this Guaranty, and supersedes all prior agreements, understandinqs, negotiations, topresental ions and discussions, wh�zher verbal or written, of such partics, perlaiNna to An subject matter. 1.5. AssiqnmenL;,jjyjrq,EffeCL. Neither this Gu rant• nor rJjhLs j;,obLjgations under this GjarantV maV be assioned,by the -,uaranT:or aitholit tie riot written consent of the City. of this_§naraMy shall bind and inure to the benefit of the City and the Guarantor and their respective heirs, executors, personal representatives, successors and assigns. 8.6. Notices. Whenever thy_: City cr the Guarantor desire or ii�vinej request with reopec- ___L _ anmandot_ to Lhis GuaranzV, each such comminication shall De in writinq and .. . . ........ service or mailed by Certified Mail, receipt reque�t-!� addressed as set forth ir. the- first paragra-ph of this Ouaianty. Such cormunications sent shall be offectivelv giv•n when they are recei-,,ed by th.e addressee thereof, Luz if sent by Certified Mail, they shall be qfQcLi-vely given Lhrce (3) Jays after t-eing the Unked States MaA. The My and the Guarantor may chance thcir- jesp2gLive address for such communications by givi UP Wher Tn-c 0 Nil OR 0-17PA. is--s 8.7. Amendment and Waiver. This LiLa ra r. Y_ ma not be amended, modified or supplemented except by a writing duly executed by the Guarantor and a WAy authoxized officer of the citV. No provision of this Guaranty or right of the City under this GaaranLy can be waived Except by a writing duly executed by auKorized WfLccr of LK Wy. No waiver by the City of * breach of any prnvision of U's consLwen as * WAVOW7 oj ann n c krk.'r---aranc t noncomplART-0 -Ci - ---L tc, see.'w Y,gemedv bref,c-h the C;uAra-7-jqqj YnU2 be Wain -er of anV riant or remedy with respect to such noncompliance or breach. 8.8. Time. Time is of the essence •Hi resuect to each Of L.-Iis 8.9. Severah! 1 11.1 q)i unenf c,.-. of WS affect. the ons, a r. d nis a il be construed r in a e�-,pects as i - any invaiij or --ane.n.torgeable, , 2rovisign were cwirt-d. 8.10. Further Action. Me Suarannor agrees to perforM September 3, 2002 77 any further acts and to c-x(2cute and deliver any other docunents th&-: r-Lay be necessary in the opinion of the City to effect the provisions of this 8.11. He ad i n 1:1 s The S ;o'l '-"T 10 N arid otter hE:adirios . cow aired in for refeLenc(, ur 0ses CID and Shall r1ol.- affect in any way nhe mean2r,q or interoretation of this IN WITNESS WHERE()E, the Guarantor, intendirg to be bound, has ezc-cuted this Cuaranty as of the year and date first above written. WASTE MAMAGEMENI HO­T DTNGS, INC. I Pv: Its: v of I s S S t a - 0 o' Count f I r this d c:t v of in the vear before rr.e :cr -sonally appoarcd personaily known -o rte (car LoVc to mE.- on the bass of Lc he the r.!- rsari whose nam-� is subscribed ,c) ',Aiis iris t: rurnc---r.!: art -d acknowledged -;_ha' he (she or they) executed it S. N E D September 3, 1007 78 FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND CHARLES ANDERSON AND SEA/SUE INC., A GENERAL PARTNERSHIP, DOING BUSINESS AS MOORPARK RUBBISH DISPOSAL FOR PROVIDING MULTI - FAMILY AND COMMERCIAL SOLID WASTE SERVICES DATED AS OF October I, 2002 September 4, 2002 FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND CHARLES ANDERSON AND SEA /SUE INC., A GENERAL PARTNERSHIP, DOING BUSINESS AS MOORPARK RUBBISH DISPOSAL FOR PROVIDING MULTI - FAMILY AND COMMERCIAL SOLID WASTE SERVICES Table of Contents SECTION 1. GRANT OF EXCLUSIVE FRANCHISE ....................... .............................6 ... ............................... SECTION2. TERM ................................................................................................................. ..............................7 SECTION 3. DEFINITIONS ................................................................................................. ..............................8 SECTION 4. INCORPORATION BY REFERENCE ............................................................ .............................15 SECTION 5. ACCEPTANCE; WAIVER ............................................................................... .............................15 SECTION 6. FRANCHISE AREA ........................................................................................ .............................15 SECTION 7. CITY'S OBLIGATIONS ............................................................................... .............................16 SECTION 8. GRANTEE'S OBLIGATIONS ......................................................................... .............................16 SECTION 9. FRANCHISE STANDARDS FOR COLLECTION AND OPERATION . ...... .............................25 SECTION 10. CONTAINERS ................................................................................................. .............................28 SECTION 11. PLANNING AND ADMINISTRATION FEES ........................................... .............................29 SECTION 12. REPORTS AND RECORDS REQUIREMENTS ........................................... .............................29 SECTION 13. PERFORMANCE REVIEW .............................................................................. .............................30 SECTION 14. SYSTEM AND SERVICES REVIEW ......................................................... .............................30 SECTION 15. FRANCHISE AREA - COMPENSATION .................................................... .............................31 SECTION16. SURETY ......................................................................................................... .............................33 SECTION 17. FRANCHISE TRANSFERABLE; CITY CONSENT REQUIRED; ........... .............................34 SECTION 18. FRANCHISE TRANSFER FEES ................................................................. .............................35 September 4, 2002 2 SECTION 19. IMPOSITION OF DAMAGES OR TERMINATION .................................. .............................35 SECTION 20. CITY'S ADDITIONAL REMEDIES ......................................................... .............................39 SECTION 21. RIGHTS OF CITY DURING EMERGENCY............ ERROR! BOOKMARK NOT DEFINED. SECTION 22. INDEMNIFICATION AND INSURANCE .................................................. .............................41 SECTION 23. GRANTEE'S BOOKS AND RECORDS; AUDITS .................................... .............................45 SECTION 24. GENERAL PROVISIONS ............................................................................ .............................45 EXHIBITA FRANCHISE AREA ....................................................................................... .............................51 EXHIBIT B RESIDENTIAL SCOPE OF SERVICES .................................................... .............................52 EXHIBIT C COMMERCIAL, MULTI - FAMILY, AND TEMPORARY BIN /ROLL -OFF DROP BOX.... 53 EXHIBITC -1 CITY FACILITIES ................................................................................... .............................58 i EXHIBIT D VEHICLE /EQUIPMENT STANDARDS ........................................................ .............................60 EXHIBITE REPORTS ........................................................................................................ .............................62 EXHIBIT F SPECIAL WASTES ....................................................................................... .............................66 EXHIBIT G SERVICE FEE SCHEDULE ......................................................................... .............................67 EXHIBIT H RATE ADJUSTMENT SCHEDULE ................................................................ .............................70 EXHIBIT I INTEGRATED WASTE MANAGEMENT ACT TOPICS .............................. .............................73 EXHIBITJ GUARANTY ...................................................................................................... .............................74 September 4, 2002 3 THIS AGREEMENT BETWEEN THE CITY OF MOORPARK, CALIFORNIA, AND CHARLES ANDERSON AND SEA /SUE INC., A GENERAL PARTNERSHIP, DOING BUSINESS AS MOORPARK RUBBISH DISPOSAL FOR PROVIDING MULTI - FAMILY AND COMMERCIAL SOLID WASTE SERVICES" (the "AGREEMENT ") is made and entered into in the City of Moorpark on this first day of October, by and between the CITY OF MOORPARK, a municipal corporation, hereinafter referred to as CITY, and CHARLES ANDERSON AND SEA /SUE INC., A GENERAL PARTNERSHIP, DOING BUSINESS AS MOORPARK RUBBISH Disposal, hereinafter referred to as GRANTEE for the collection, transportation, recycling, and disposal of Solid Waste from Commercial Premises in the CITY. R E C I T A L S WHEREAS, the California Integrated Waste Management Act of 1989 ( "Act "), requires jurisdictions to reduce the amount of waste disposed by fifty (500) percent for the year 2000 and for each year thereafter; and WHEREAS, the City Council declares its intention of maintaining reasonable rates for the collection, transportation, recycling, and disposal of Solid Waste; and WHEREAS, Article XI, § V of the California Constitution authorizes cities to protect the public health and safety by taking measures in furtherance of their authority over police and sanitary matters; and WHEREAS, Public Resources Code § 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, Title 8, Chapter 36 of the Moorpark Municipal Code implements Article XI, § V of the California Constitution and Public Resources Code § 40059 and authorizes the City Council to award one or more franchises for the collection of Solid Waste in the City of Moorpark; and September 4, 2002 4 WHEREAS, City is obligated to protect the public health and safety of the residents of the City of Moorpark and arrangements made by solid waste enterprises for the collection of Solid Wastes should be made in a manner consistent with the exercise of the City's police power for the protection of public health and safety; and WHEREAS, City and GRANTEE 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 seq. the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA "), 42 U.S.C. §§ 9601 et seq. and the Carpenter- Presley- Tanner Hazardous Substance Account Act ( "HSAA "), codified at California Health & Safety Code §§ 25300 et seq.; and WHEREAS, City and GRANTEE 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). Unless City directs otherwise, GRANTEE, and not City, will select the transfer station, landfill or transformation facility destination of the non - recyclable Solid Waste which GRANTEE will collect and City has not, and by this Agreement does not instruct GRANTEE on its collection methods, nor supervise the collection of Solid Waste, and nothing in this Agreement or other action of the City shall be construed to place title to such waste in City; and WHEREAS, the City would not enter into this Agreement with Charles Anderson and Sea /Sue Inc., a General Partnership, doing business as Moorpark Rubbish Disposal, unless a parent of GRANTEE provided a Guaranty in the form set forth in EXHIBIT "J" and the Guarantor, as a material inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver the Guaranty and to agree to and be bound by its terms; and WHEREAS, there are no places within the City of Moorpark 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 WHEREAS, City and has previously entered into a certain agreements entitled "FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK AND MOORPARK RUBBISH DISPOSAL, FOR PROVIDING RESIDENTIAL, MULTI - FAMILY, AND COMMERCIAL SOLID WASTE SERVICES" September 4, 2002 5 executed on December 23, 1995 (the "Original Agreement "); and WHEREAS, City and GRANTEE desire to amend the Original Agreement and to restate, supersede and replace the Original Agreement with this Agreement; and WHEREAS, Charles Anderson And Sea /Sue Inc., A General Partnership, Doing Business As Moorpark Rubbish Disposal has the experience, responsibility and qualifications to conduct recycling programs, and to maximize diversion rates (in comparison with City's Solid Waste generation rates) , to assist the City to achieve the then - required diversion goals, and to collect, safely transport and dispose of Solid Waste in a manner which will minimize the adverse effects of collection vehicles on air quality and traffic and will protect, and has the ability to carry out its duties to indemnify the City against liability under CERCLA which might arise under this Agreement; and WHEREAS, the City Council of the City of Moorpark 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, and in an effort to afford protection of the City against CERCLA liability and related claims, and to achieve or exceed state - mandated diversion goals for Solid Waste, require that G. I. Industries, a Utah Corporation, and USA Waste Of California, Inc. a Delaware Corporation, a Waste Management Company, and Charles Anderson and Sea /Sue Inc., a General Partnership, doing business as Moorpark Rubbish Disposal be awarded contracts for collection, recycling transportation and disposal of Solid Waste in the City of Moorpark. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1. GRANT OF EXCLUSIVE FRANCHISE. By this Agreement, CITY grants to GRANTEE and GRANTEE accepts from CITY an exclusive franchise pursuant to Title 8, Chapter 36 of the Moorpark Municipal Code ( "Title 8, Chapter 36 ") as it may be amended from time to time and California Public Resources Code Section 40059(a) for the collection, transportation, recycling, and disposal of Commercial Solid Waste from Commercial Premises within a designated Franchise Area. Collection of Yard Trimmings by a landscaping contractor, using equipment owned or leased by the contractor, and not through a solid waste enterprise, is not within the scope of this Agreement. Collection of Construction and Demolition Waste by a licensed September 4, 2002 6 contractor (e.g., a roofing company) performing work within the scope of the contractor's license (e.g., removing an old roof and installing a new roof), using equipment owned or leased by the contractor, and not through a solid waste enterprise, is not within the scope of this Agreement. Collection of Hazardous Waste and Medical Waste is not within the scope of this Agreement. GRANTEES agree that this Agreement is an "exclusive franchise" as that term is used in Public Resources Code § 49520. SECTION 2. TERM. A. TERM. The collection services to be provided pursuant to this Agreement shall begin on October 1, 2002, and end on December 31, 2011. Other services, such as GRANTEE's duty to provide indemnification, shall survive the end of the period during which collection services are to be provided. B. EXTENSION. The CITY, upon the recommendation of the City Manager and approval of the City Council, expressed by written resolution, may extend the period during which collection services are to be provided pursuant to this Agreement for additional two (2) years. GRANTEE may make a request for franchise renewal not later than nine (9) months or earlier than eighteen (18) months prior to the expiration of the Agreement. . CONDITIONS PRECEDENT. The obligation of CITY to permit this Agreement to become effective and to perform the undertakings provided for in this Agreement are subject to the satisfaction of each and all of the conditions set out below. (1) Accuracy of Representations. The representations and warranties made by GRANTEE are true and correct on and as of the effective date. (2) Absence of Litigation. There is no litigation pending on the effective date in any court challenging the award or execution of this Agreement or seeking to restrain or enjoin its performance. C. EFFECT ON PRIOR AGREEMENTS This Agreement supersedes and terminates the Residential Agreement dated December 23, 1995 between the City of Moorpark and GRANTEE for the collection, transportation, recycling, and disposal of Solid Waste, and the Commercial Agreement dated December 23, 1995 between the City of Moorpark and GRANTEE for the collection, transportation, disposal, and recycling of Solid Waste, except that the provisions of those prior agreements by which GRANTEE agreed to protect, defend, indemnify and hold the City harmless against claims shall remain in effect. September 4, 2002 7 SECTION 3. DEFINITIONS. Whenever any term used in this Agreement has been defined by Title 8, Chapter 36 or by Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definition in Title 8, Chapter 36 or the Public Resources Code shall apply unless the term is defined in this Agreement as follows. A. "AB 939 Fee" means the fee or assessment imposed by the CITY on GRANTEE to recover costs of implementing the Act and administering this Agreement. B. "Act" means "AB 939," the California Integrated Waste Management Act of 1989, codified in part at Public Resources Code §§ 40000 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 C. "Agreement" means this Franchise Agreement granted by City to Grantee. D. "Applicable Law" means any law, rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having jurisdiction, applicable from time to time to the Agreement Services; the Operating Assets; the siting, design, acquisition, permitting, construction, equipping, financing, ownership, possession, shakedown, testing, operation or maintenance of any of the Operating Assets; or any other transaction or matter contemplated hereby (including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, non - discrimination and the payment of minimum wages, and further including the Code and the County Integrated Waste Management Plan. E. "Bin" means a container owned by GRANTEE and provided to a Commercial Premises or Residential Premises for the collection of Solid Waste, having a capacity of between one and one -half (1 '--�) and six (6) cubic yards. F. "Bulky Items" means and include, but not by way of limitation, discarded items such as white goods (i.e., major household appliances), water heaters, furniture, tires, carpets, mattresses and similar large items which have weights or volumes greater than the capacity of an September 4, 2002 8 allowed covered container, but excluding construction waste and special waste. For the purposes of this Agreement a set of a mattress and box springs shall be considered "one" bulky item. G. "Cart" means a plastic container owned by GRANTEE and provided to Residential Premises for the collection of Residential Solid Waste, having a capacity of between thirty -two (32) and ninety -six (96) gallons. H. "Change in Law" means any of the following events or conditions which has a material and adverse effect on the performance by the parties of their respective obligations under this Agreement (except for payment obligations), or on the siting, design, permitting, acquisition, construction, equipping, financing, ownership, possession, management, operation or maintenance of the Operating Assets or ,providing the services described in this Agreement, or other matters to which Applicable Law applies: (1) The enactment, adoption, promulgation, issuance, modification, or written change in any law, ordinance, regulation, rule or administrative or judicial interpretation on or after the effective dated of this Agreement of any Applicable Law; (2) The order or judgment of any Governmental Body, on or after the effective date of this Agreement, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of the City or of GRANTEE, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence; or (3) The denial of an application for, delay in the review, issuance or renewal of, or suspension, termination, interruption or imposition of a new or more stringent condition in connection with the issuance, renewal or failure of issuance or renewal on or after the effective date of this Agreement of any Legal Entitlement to the extent that such denial, delay, suspension, termination, September 4, 2002 9 interruption, imposition or failure materially and adversely interferes with the performance of this Agreement, if and to the extent that such denial, delay, suspension, termination, interruption, imposition or failure is not the result of willful or negligent action, error or omission or a lack of reasonable diligence of the City or of GRANTEE, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such denial, delay, suspension, termination, interruption, imposition or failure shall not be construed as such a willful or negligent action, error or omission or lack of reasonable diligence. I. "City" means the City of Moorpark, a California municipal corporation. J. "City Facility" means any building or other site owned, leased or used regularly and significantly and the space therein occupied by more than 75 percent by employees or Contractor's of the City, and excludes those portions of such facilities used by others. K. "City Limits" means the boundaries of the City of Moorpark, as of January 1, 2002, which boundaries are shown by maps incorporated herein by reference in Exhibit "A" and which are on file in the office of the Clerk of the City Council. L. "City Manager" means the City Manager and the City Manger's designee. M. "CEQA" means the California Environmental Quality Act, codified at Cal. Pub. Res. Code §21000 et sec. as amended or superseded, and the regulations promulgated thereunder. N. "Code" means the Moorpark Municipal Code. 0. "Commercial Agreement" means the Agreement between the City of Moorpark and Charles Anderson and Sea /Sue Inc., a General Partnership, doing business as Moorpark. Rubbish Disposal for Multi - Family and Commercial Solid Waste services, dated October 1, 2002. P. "Commercial Premises" means property upon which a business activity is conducted, including but not limited September 4, 2002 10 to retail sales, services, wholesale operations, manufacturing and industrial operations, and Multi - family Premises and Single - Family Premises receiving permanent Bin Service or permanent roll -off drop box service. Q. "Commercial Solid Waste" means Solid Waste generated at Commercial Premises. R. "Container" means a Bin, roll -off drop box or Cart. S. "Franchise" means the exclusive right and privilege, within the Franchise Area: (1) To arrange for the collection of and to collect Solid Waste, (2) To transport to a landfill or other licensed disposal facilities as determined by CITY, and (3) To recycle Solid Waste. This Franchise is subject to all of the provisions of Title 8, Chapter 36, this Agreement, and to any rights held by any other Solid Waste enterprise holding rights pursuant to Public Resources Code Section 49520. T. "Franchise Area" means a geographic area established by CITY pursuant to this Agreement for the collection, transportation, recycling, and disposal of Solid Waste. U. "Franchise Fee" means the fee or assessment imposed by the CITY on GRANTEE solely because of its status as GRANTEE. The term "Franchise Fee" does not include: (1) Any tax, fee or assessment applicability (including any such assessment imposed on both businesses their services but not including a assessment which is unduly discrimi GRANTEE or its customers); or of general tax, fee, or and GRANTEE or tax, fee, or natory against (2) Requirements, reimbursements, charges or fees incident to the awarding, administering, enforcing, transfer or renewal of this Agreement, including payments of bonds, consultants, Administrative expenses, attorney's fees, security funds, letters September 4, 2002 11 of credit, insurance, indemnification, penalties, and liquidated damages. V. "Grantee" means Charles Anderson, doing business as Moorpark Rubbish Disposal, each a separate entity granted the Franchise pursuant to this Agreement. W. "Gross Revenues" means any and all revenue or compensation in any form derived by GRANTEE, its affiliates, subsidiaries, parents and any person or entity in which GRANTEE has a financial interest, from the collection of Solid Waste pursuant to this Agreement, including, but not limited to, monthly customer fees for residential, commercial, and temporary collection of Solid Waste, special pickup fees, bin and drop box rental and collection fees from Commercial Premises, and fees for redelivery of bins and drop boxes, but excluding revenues from the sale of recyclables and the landfill share of the commercial roll -off drop box revenue, without subtracting Franchise Fees or any other cost of doing business. Provided, however, that the amount of gross revenues may be reduced by the amount of any commercial customer bad debts incurred by GRANTEE or refunds returned to commercial customers, provided that the revenue with respect thereto has been included in the computation of gross revenues. X. "Hazardous Waste" means any waste materials or mixture of wastes defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act ( "RCRA "), 42 U.S.C. §§ 6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act ( "CERCLA ") , 42 U.S.C. §§ 9601 et seq. , the Carpenter - Presley- Tanner Hazardous Substance Account Act ( "HSAA "), codified at California Health & Safety Code §§ 25300 et seq.; and all future amendments to any of them, or as defined by the California Integrated Waste Management Board. 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. Y. "Medical Waste" means material defined as Medical Waste in Health & Safety Code Section 117690. Z. "Multi- Family Premises" means a residential property having two or more units, including apartment houses, September 4, 2002 12 condominiums, or mobile home parks. Multi- Family Premises may receive either Cart Service or Bin Service. AA. "Operating Assets" means all real and personal property of any kind, which is owned, leased, manag (pd or operated by or under contract to GRANTEE for providing the services described in this Agreement, including without limitation the facility, Containers, vehicles, transfer stations, maintenance and storage facilities, materials recovery facilities, composting facilities, administrative facilities, and other equipment, machinery, parts, supplies and tools. BB. "Rate" means the charge to the Customer for services provided by GRANTEE as specified in the Agreement. CC. "Recovered Product" means Recyclable Solid Wastes that are recovered by GRANTEE for recycling, reuse or resale. DD. "Recyclable Material" means a commodity defined as "Recyclable Material by the Moorpark Municipal Code. Recyclable Material which has been discarded into the residential waste stream has lost its character as a Recyclable Material and has become Solid Waste subject to this Residential Agreement. EE. "Recyclable Solid Waste" means source - separated paper, newspaper, glass, aluminum and bi -metal cans, cardboard, plastic, Bulky Items, and other material that is placed in a Recyclable Solid Waste Container for collection by GRANTEE. FF. "Recyclable Solid Waste Container" means a Cart, Bin, or roll -off drop box as defined in Title 8, Chapter 36 or other container as approved by CITY used to hold Recyclable Solid Waste placed for collection that would otherwise be disposed as Solid Waste of as provided by this agreement. GG. "Recycling" means the process of collecting, sorting, cleansing, treating, and reconstituting Solid Waste and Recyclable Solid Wastes that would otherwise be disposed of as provided by this Agreement, and returning them to the economic mainstream in the form of products which meet the quality standards necessary to be used in the marketplace. HH. "Residential Agreement" means the Agreement between the September 4, 2002 13 City of Moorpark and Charles Anderson and Sea /Sue Inc., a General Partnership, doing business as Moorpark Rubbish Disposal for Residential Solid Waste services, dated October 1, 2002. II. "Residential Premises" means a Single- Family Premises or Multi - Family Premises, or a Commercial premises receiving Cart Service or temporary roll -off or Bin Service. JJ. "Residential Solid Waste" means Solid Waste generated at Residential Premises. KK. "Residential Service Recipient" means a Residential Premises that receives Solid Waste collection services from a Franchisee authorized by the City to provide the service. LL. "Single- Family Premises" means a separate residential property having one living unit. MM. "Solid Waste" those materials defined as Solid waste in § 40911 of the California Public Resources Code, and as it may be amended. NN. "Temporary Service" means collection service that is provided on a non - regularly scheduled basis. Temporary service also includes all commercial service and residential service requiring the use of a roll -off or drop box, as defined in Section 8.36.040(D) of Title 8, Chapter 36. OO. "Universal Waste" means any type of waste, even if it may be considered hazardous in certain circumstances, that is defined or treated as "universal waste" by Title 22, Section 66273.1 et seq. of the California Code of Regulations and by 40 Code of Federal Regulations, Part 273, as may be amended or superceded by applicable state and federal regulations PP. "Yard Trimmings" or "Green Waste" means a form of Solid Waste composed of leaves, grass clippings, brush, branches and other forms of organic matter generated from landscapes and gardens, separated from other forms of Solid Waste, and scrap lumber. "Yard Trimmings" also includes holiday trees including, but not limited to Christmas trees and Hanukkah bushes. "Yard Trimmings" does not include stumps or branches exceeding four inches (4 ") in diameter or four feet (4') in length or scrap September 4, 2002 14 lumber which does not fit into a Yard Trimmings Container. Yard Trimmings does not include yucca, cactus or palm fronds, and other materials that are not suitable for composting. QQ. "Yard Trimmings Cart" means a container, bin, roll -off drop box or other container, approved by CITY including size, used to hold source separated Yard Trimmings placed for collection. SECTION 4. INCORPORATION BY REFERENCE. Exhibit A, "FRANCHISE AREA "; Exhibit B, `RESERVED "; Exhibit C, "MULTI- FAMILY, TEMPORARY BIN /ROLL -OFF DROP BOX SERVICES "; Exhibit C -1 "CITY FACILITIES "; Exhibit D, "VEHICLE AND EQUIPMENT STANDARDS "; Exhibit E, "REPORTS "; Exhibit F, "SPECIAL WASTES "; Exhibit G, "SERVICE FEE SCHEDULE "; Exhibit H "RATE ADJUSTMENT SCHEDULE "; and Exhibit I, "INTEGRATED WASTE MANAGEMENT ACT TOPICS "; and EXHIBIT J, "GUARANTY "; all dated October 1, 2002, are incorporated into this Agreement by this reference. SECTION 5. ACCEPTANCE; WAIVER. GRANTEE agrees to be bound by, and comply with, all the requirements of Title 8, Chapter 36 and this Agreement. GRANTEE waives GRANTEE's right to challenge the terms of this Agreement and Title 8, Chapter 36 under federal, state or local law, or administrative regulation, as such laws and regulations exist as of the date of execution of this Agreement by CITY and GRANTEE. GRANTEE waives whatever, if any, right or claim to serve the CITY or any part of the CITY GRANTEE may have under any prior franchise, contract, license or permit issued or granted by any governmental entity, including any right under the Public Resources Code. SECTION 6. FRANCHISE AREA. A. Franchise Area Defined. (1) The Franchise Area granted by this Agreement shall be all current and new commercial Premises within the area identified in Exhibit "A" to this Agreement. This Agreement also applies to all City owned and Moorpark Redevelopment Agency owned Commercial Premises included in the Franchise Area as defined in Exhibit "A ". September 4, 2002 15 (2) Territory annexed to the City shall be added to the Franchise Areas granted by this Agreement pursuant to City Council resolution. CITY shall not adjust the Residential Rate in such annexed territory before the next annual rate review is scheduled. Customers in annexed area will be distributed consistent with the provisions of Exhibit A, Franchise Area. SECTION 7. CITY'S OBLIGATIONS. A. Cooperation With GRANTEE. CITY and GRANTEE shall cooperate to perform programs identified in this Agreement and to successfully accomplish the goals of the Act. As directed by CITY, and subject to Section 8.J., GRANTEE shall implement other programs as listed in the CITY'S Source Reduction and Recycling Element (SRRE) and Household Hazardous Waste Element (HHWE), as they may be amended from time to time in compliance with the Act. B. Unauthorized Solid Waste Haulers. During the term of this Agreement, except in instances of breach of this Agreement, in emergencies, or as provided in Title 8, Chapter 36, the CITY will not issue a permit to any other person or firm to collect Solid Waste originating on or accumulated at Commercial Premises in the Franchise Area. Nothing in this Agreement shall be construed to prohibit any third party from engaging in collection of Recyclable Materials, as Recyclable Materials are commodities not subject to this Agreement. C. Administration of this Agreement. Administration of each of the provisions of this Agreement on the Part of the City shall be vested with the City Manager. SECTION 8. GRANTEE'S OBLIGATIONS GRANTEE shall furnish Solid Waste services to all Commercial Premises subscribing for Commercial Solid Waste collection at the regularly scheduled intervals within Franchise Area assigned to GRANTEE. Commercial Solid Waste collection services shall be in accordance with the Code, the laws of the State of California and the County of Ventura, and rules and regulations of any other regulatory body or agency having applicable jurisdiction. A. Costs for Preparation of This Agreement. GRANTEE shall reimburse CITY within thirty (30) days of receiving CITY's invoice, for City's Staff time and for City's Attorneys fees and costs and other out of pocket costs plus 15% incurred as a result September 4, 2002 16 of developing this Agreement, in the total amount of $5,000 for this and any other concurrent Solid Waste Agreement between CITY and GRANTEE. B. Management /Administration. GRANTEE shall provide the necessary management and administrative personnel whose expertise will assure efficient operation of the services herein specified. C. Supervision. GRANTEE shall assign an individual to supervise the performance of the services herein specified, who shall be available by phone and in person during all hours of the business day, to make decisions and coordinate with the CITY as necessary. D. Subcontractors. GRANTEE shall be directly responsible for the actions of all GRANTEE'S subcontractors in connection with their performance of GRANTEE'S obligations as described in Title 8, Chapter 36 and shall ensure that all applicable provisions of this Agreement are met. E. Privacy. GRANTEE shall strictly observe and protect the rights of privacy of customers. Except to CITY, information identifying individual customers or the composition or contents of a customer's Solid Waste shall not be revealed to any person, governmental unit, private agency, or company, unless upon the authority of a court of law, by statute, or upon valid authorization by the customer. This provision shall not be construed to preclude GRANTEE from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses that may be required to comply with AB 939. GRANTEE shall not market or distribute mailing lists with the names and addresses of customers. The rights accorded customers pursuant to this subsection shall be in addition to any other privacy right accorded customers pursuant to Federal or State law. F. Office For Inquiries And Complaints. GRANTEE maintains office hours from 8:00 a.m. to 4:00 p.m. on all collection days, excluding Saturday and Sunday and CITY approved holidays. GRANTEE shall maintain an office at some fixed location easily accessible from CITY and shall maintain a telephone number, listed in the telephone directory in the firm name by which it conducts business in CITY, and shall during the above referenced days and office hours have an employee at said office to answer inquiries, receive complaints, and provide information about residential collection and recycling services and programs. The telephone number shall be a toll -free number September 4, 2002 17 from all portions of the CITY. GRANTEE shall provide an answering service to receive complaints at all other times and an emergency telephone number that GRANTEE can be reached at 24 hours a day. An employee of GRANTEE shall be available during office hours to communicate with the City Manager and the public in person and by telephone. A 24 -hour immediate response emergency number must be made available to the City Manager. G. Service Complaints, Complaint Log and Complaint Reimbursement. (1) General. GRANTEE shall be responsible for the prompt and courteous attention and reasonable resolution of all customer complaints within by the end of the next business day, weekends and holidays excepted, provided, however, that if the complaint is of a nature that cannot be resolved within 24 hours, GRANTEE shall resolve the complaint as soon as possible. (2) Failure to Collect. If a complaint involves a failure to collect Solid Waste from a Commercial Premises on a scheduled collection date when such Solid Waste had been properly and timely placed for collection, GRANTEE shall collect the Solid Waste in question by the end of the next business day of its receipt of notice from a customer or the City Manager of a failure to provide collection service as required by the terms of this Agreement, Sundays and holidays excepted, provided it has been delivered for collection in accordance with Title 8, Chapter 36. (3) CITY Review. A customer dissatisfied with GRANTEE'S decision regarding a complaint may ask the CITY to review the complaint. To obtain this review, the customer must request CITY review within 30 days of receipt of GRANTEE'S written response to the complaint, or within 45 days of submitting the complaint to GRANTEE if GRANTEE has not responded. The CITY in its sole discretion may extend the time to request its review for good cause. Before reviewing the complaint, the City Manager shall refer it to GRANTEE. If GRANTEE fails to cure the complaint within ten (10) days after notification by CITY, the City Manager shall review the customer's complaint and determine if further action is warranted. The City Manager may request written September 4, 2002 18 statements from GRANTEE and customer and /or oral presentations. (4) Customer Contact Logs. To enhance ,the levels of service, GRANTEE shall implement and maintain a customer contact log in which all complaints received by mail, by telephone, or in person shall be recorded. Such log shall contain the date of the complaint, the complainant's name, address, telephone number, the nature of the complaint, the date the problem occurred, the action taken in response to the complaint, and the date such action was taken. The complaint log shall be recorded in a format approved by the CITY. Complaints at the same service address that recur within fourteen (14) days shall be flagged with an asterisk. The CITY may review GRANTEE'S customer contact logs regarding the procedure, response, and resolution of complaints as well as a comparative analysis of GRANTEE customer contact log with the complaints received directly by the CITY. In the event a pattern of consistent complaints appears, the CITY will notify GRANTEE of the concerns at the earliest possible time so that the issues can be resolved. The customer contact log may be utilized by the CITY as part of the basis for reviewing customer complaints and GRANTEE's performance as part of an annual review. In addition, CITY may maintain a CITY complaint log of those calls received directly by CITY from customers lodging a complaint. H. Complaint Reimbursement. In the event that GRANTEE does not resolve a complaint and the customer contacts the CITY for review, GRANTEE shall reimburse the CITY for all reasonable labor and materials directly expended by the CITY if the complaint is resolved against GRANTEE. The CITY shall invoice GRANTEE for such costs, indicating the name and address of the customer, nature of complaint, amount of time spent, hourly rates for employees involved, and materials required to resolve the complaint. Payment to the CITY shall be made within 30 days of receipt of invoice. (1) Remedies. The City Manager shall determine what remedy, if any, shall be imposed. The remedy under this subsection shall be limited to a rebate of customer charges related to the period of breach of any of the terms of this Agreement and /or levy a liquidated damages of up to $100 for any single event or series of related events. The decision of September 4, 2002 19 the City Manager shall be final on any matter under Five Thousand Dollars ($5, 000.00) . In the event of a recommended decision on a matter of Five Thousand Dollars ($5,000.00) or more, the decision will be referred to the City Council for final action. (2) Quantity Dispute. In the event of a dispute between GRANTEE and a customer as to the quantity of Solid Waste that such customer has placed for collection, the City Manager shall investigate and make a determination and such determination shall be binding on GRANTEE. (3) Property Damage. Any property damaged beyond the usual and ordinary wear and tear by GRANTEE shall be promptly repaired or replaced. I. Customer Information. (1) Notification Procedures. GRANTEE, at the time it begins collection service to a Commercial Premises, shall furnish each customer written instructions as to the procedures for Solid Waste, Recycling, and Yard Trimmings collection. The instructions shall be in a form and manner approved by the City, and shall be prepared and provided at GRANTEE'S expense. GRANTEE shall also provide to each customer, in a form and manner approved by the City, at GRANTEE'S expense, not later than the second Monday of January of each year, information regarding the senior citizen age and discount rate, collection rules for Solid Waste, Recycling, and Yard Trimmings, holiday collection policy and dates for the upcoming year, and the rules contained in this Agreement pertaining to size and weight of containers, composition and storage of Solid Waste, Recyclable Solid Waste, and Yard Trimmings, location of containers for pickup, and times of collection. (2) Change In Collection Routes. GRANTEE shall provide 30 days notice to the City Manager of any change in collection routes. GRANTEE, at its own expense unless otherwise specified by the CITY, by written notice forwarded through the United States mail, postage prepaid, or by personal service, shall notify each customer of and change in collection routes and the day or days of the week on which Solid Waste shall be collected. The notice shall September 4, 2002 20 contain the day or days of the week upon which collections will be made, the name, address, and telephone number of GRANTEE, and other information deemed necessary by the CITY. Said notice shall be provided not less than fourteen (14) days prior to the change of collection schedule. (3) Office Hour Schedule. GRANTEE shall also notify customers with written notification, at the time service is started, of the regular business hours as well as the procedures for leaving messages for GRANTEE at all times other than regular business hours. (4) Holiday Schedule. GRANTEE shall provide customers with notification of holiday schedules annually and not more than seven (7) days prior to each holiday by placing a paid advertisement, in one daily newspaper serving the CITY. GRANTEE shall also provide holiday schedule information on the last billing statement preceding the holiday. The CITY shall be formally notified regarding all holiday schedules for the next year no later than November 30 of each year. (5) Solid Waste Not Collected. When any Commercial Solid Waste is not collected by GRANTEE, for reasons other than nonpayment, GRANTEE shall leave a tag at least 3 1-�" x 6 3/4" in size stating the reasons for its refusal to collect the Commercial Solid Waste, providing reference to Title 8, Chapter 36 or this Agreement and the reason for the refusal. The tag shall provide GRANTEE'S business name and telephone number and shall be securely fastened to the container or to the article refused. Such tag shall be prepared and distributed at GRANTEE's expense. (6) Billing. Fees for service shall be as set forth in Exhibit "G ". a. GRANTEE shall be responsible for directly billing all Commercial Premises. Any payment for which service is not provided due to customer move out shall be refunded to the customer on a prorata basis when the customer terminates service. For commercial service, the billing statement shall be mailed monthly. GRANTEE shall be entitled to September 4, 2002 21 recover the amount of charges from the customer for services rendered under this Agreement by civil action. GRANTEE shall provide itemized bills, distinctly showing charges for all classifications of services, including the charges for late payment. GRANTEE shall not designate any portion of a customer's bill as being attributable to the Franchise Fee, nor shall the Franchise Fee be shown as a separate item on customers' bills. GRANTEE shall make efforts to work out alternative payment plans with customers, as needed. b. Billing Format. GRANTEE shall use a billing format and medium that is subject to approval by the City. Within one year of the effective date of this Agreement, GRANTEE's billing format will at a minimum, include a return envelope for payment, the billing statement must be able to accommodate inserted paper messages at least five and one -half inches by eight and one -half inches. In addition, GRANTEE's billing statement shall have space sufficient for City's messages to be printed on the bills. This billing message space shall be at least four lines and be capable of printing three hundred twenty characters of text. c. Billing Messages. Up to four times per calendar year, and at no cost to the City, GRANTEE shall insert any message insert provided by the City into all bills sent to customers. City will provide one camera - ready master copy of the insert. GRANTEE will print the City message inserts at its own expense. In addition, GRANTEE will print at no charge any messages that the City requests be printed in the billing statement message space required by this Agreement. d. CITY, at CITY's sole option, upon 180 days notice to GRANTEE, may elect to bill residents for Commercial Solid Waste collection. If CITY elects to do so, any portion of the Solid Waste collection rates September 4, 2002 22 paid to GRANTEE that is attributable to billing for services shall be assigned to CITY. (7) Customer Termination For Nonpayment. GRANTEE may discontinue service as set forth in this paragraph. a. If payment is not received within forty -five (45) days from the date of the invoice, GRANTEE will utilize the following notification procedure to apprise the Commercial Premises of the final request for payment prior to termination of service. A notice shall be mailed first class, via the U.S. Postal Service, to the customer stating that service will be discontinued if payment is not received by GRANTEE within seven (7) days from the date that the customer notice was mailed. (8) Late Charge. A late charge penalty of $5.00 may be charged to delinquent accounts per month. Such late charge may not be assessed prior to the mailing of any notice of discontinuance of service. Upon payment of the delinquent fees and any late charge owed, Grantee shall resume collection on the next regularly scheduled collection day. (9) CITY Notified. GRANTEE will notify the CITY, at least once per month, in writing regarding Commercial Premises who have been discontinued and of persons within the Franchise Area who are not subscribing for Commercial Solid Waste collection services. J. CITY's Right to Change Scope of Work. (1) General. Subject to the provisions of this subsection, the CITY shall have the right to direct GRANTEE to undertake reasonable changes in the scope of operations contemplated by this Agreement. Such changes may include, but are not limited to, the implementation of additional programs designed to increase waste diversion in the CITY, or the automation of all or a portion of the collection services provided by GRANTEE hereunder. In the event the CITY directs GRANTEE to implement such a September 4, 2002 23 change, the provisions of this subsection shall apply. (1) Change of Scope. In the event CITY elects to direct GRANTEE to undertake a change in the scope of operations, including but not limited to new or increased recycling programs, the manner and frequency of collection, or the use of a materials recovery facility or disposal facility directed by the City ( "Change in Scope "), CITY shall give GRANTEE written notice thereof. GRANTEE shall submit a written proposal to City in response to the Change in Scope notice within 30 days of receipt of such notice from CITY (or such longer period as agreed to by CITY as may be reasonably necessary to prepare the proposal, if such proposal cannot reasonably be prepared within 30 days). The proposal shall contain detailed information relating to the implementation of the Change in Scope, and shall include the following: a. A description of the operational modifications that would be required to implement the Change in Scope; b. An estimate of the amount of all costs to be incurred by GRANTEE in connection with the Change in Scope, if any; c. A projected implementation schedule; d. GRANTEE'S proposed adjustment, if any, to the rates; and e. Any other information that may be requested by CITY in the notice to GRANTEE or pertinent information that GRANTEE determines to provide. In addition to the information described above, GRANTEE may also propose other modifications to this Agreement that GRANTEE believes would be advisable or required to effectuate CITY's directive. (2) CITY Review. CITY shall review the proposal submitted by GRANTEE, and may by written notice to GRANTEE propose changes or modifications to any part of the proposal. GRANTEE shall respond in a timely September 4, 2002 24 manner to any proposed modifications. Such modifications may include revisions to the cost elements of GRANTEE's proposal. (3) Implementation. Upon agreement by CITY and on the final proposal of GRANTEE, revised to reflect modifications proposed by CITY, CITY may direct, and GRANTEE shall undertake and complete, the implementation of the Change in Scope. The rates permitted to be charged by GRANTEE shall be revised to the extent provided in the final proposal, as accepted by CITY. (4) CITY's Right to Change Scope. In the event GRANTEE and CITY are unable to agree on revisions to GRANTEE's proposal relating to the implementation of the Change in Scope within a reasonable period of time after conducting good faith negotiations with respect thereto, CITY shall have the right to undertake and complete the Change in Scope. Such work may be performed by CITY employees or CITY contractors. In the event CITY elects to proceed under this subsection, it shall provide notice of its election to GRANTEE together with a description of the manner in which CITY intends to proceed with the Change in Scope. SECTION 9. FRANCHISE STANDARDS FOR COLLECTION AND OPERATION. GRANTEE shall maintain vehicles and equipment in a manner adequate to protect public health and safety in accordance with the standards as provided in Exhibit D. A. Rules and Regulations of City. The City Manager shall have the power to establish rules and regulations relating to the accumulation, collection, recycling and disposal of Solid Waste, providing such rules and regulations are found to be reasonably necessary by the City for enforcement of the provisions of this Agreement, or any and all Applicable Laws, and for the preservation of the public peace, health and safety, and providing such rules are consistent with this Agreement and the Code. GRANTEE agrees to comply with any and all such rules and regulations. B. Time For Collection. GRANTEE shall collect Solid Waste within CITY in accordance with Title 8, Chapter 36. C. Route Books and Maps. GRANTEE shall prepare route September 4, 2002 25 books and maps for each route, which outline specific routing information regarding the daily collection of Solid Waste. The books and maps shall be kept current and available at GRANTEE's local office for inspection, and a copy provided to the City prior to the commencement of this Agreement and updated when in a timely manner when changes are made to route books and maps. Should City use a competitive process, e.g., a Request for Proposals, to award a franchise to begin at the end of the term of this Agreement, or sooner if this Agreement is sooner terminated, Grantee will cooperate with proposers by making route books and maps available for inspection. D. Holiday Schedules. Whenever a holiday falls upon a regularly scheduled collection day, and the Disposal site is closed in observance of that holiday, then the collections scheduled for that day, and for the remainder of the week, may be picked up one day later than scheduled. E. Frequency Of Collection. GRANTEE shall provide for weekly collection of Commercial Solid Waste accumulated at residential and commercial premises contracting for collection when Solid Waste is properly placed for collection on the day of collection. F. Entry. GRANTEE shall not enter upon any private property necessary to collect the Solid Waste properly placed for collection, without the permission of the person in charge of day -to -day operations of the premises. G. Traffic and Noise. GRANTEE shall conduct operations so as to offer the least possible obstruction and inconvenience to public traffic or disruption to the peace and quiet of the area within which collections are made. All collections shall be made as quietly as possible and shall conform to Moorpark Municipal Code as it relates to noise. H. Vehicle storage. No Solid Waste collection vehicle shall be stored or parked overnight on a public street, thoroughfare, or other public property in the CITY. I. GRANTEE Liable to Clean Debris. GRANTEE shall clean and pick up any Solid Waste or leachate deposited upon the streets, roads, highways, sidewalks, other public property, or private property by GRANTEE within CITY. Should any Solid Waste be dropped or spilled by Grantee, it shall be cleaned up immediately by GRANTEE. J. Street Closures. The City Manager may order September 4, 2002 1 26 temporary modifications of collection routes as may be necessary due to street construction, maintenance, or an emergency. GRANTEE shall perform in accordance with such orders in a manner not to interfere with or materially disrupt the regular collection. K. Subcontract for Collection. Nothing contained in this Agreement shall prevent GRANTEE from subcontracting for the collection of Commercial Solid Waste within the Franchise Area by any other GRANTEE franchised by CITY, upon written approval by the City. L. Disposal Site. CITY may direct which landfill, transformation facility, transfer station, composting facility, or materials recovery facility GRANTEE shall use to retain, recycle, compost, process, and dispose of Residential Solid Waste generated or accumulated within the Franchise Area. M. Processing. In order to maximize diversion of Commercial Solid Waste in accordance with the requirements of the Act, GRANTEE shall process, broker, or deliver Yard Trimmings and /or Recyclable Solid Wastes to processing facilities, at GRANTEE's expense, and in a manner satisfactory to the City and in accordance with all federal, state and local laws and regulations. GRANTEE shall not dispose any uncontaminated source separated Recyclable Solid Wastes collected from Customers in a landfill which it has agreed to recycle, without advance written notice to and approval from the City. Notwithstanding the foregoing, the City shall have the right to direct GRANTEE to use a designated site or facility for the processing or disposal of all or a portion of the Solid Waste collected by GRANTEE pursuant to this Agreement. N. Hazardous Waste. GRANTEE shall notify all agencies with jurisdiction, 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 GRANTEE 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, GRANTEE will immediately notify the City Manager the same business day. O. Additional Collection. As partial consideration for the Agreement, GRANTEE shall respond to all calls from the City regarding spilled or illegally dumped waste on City or September 4, 2002 27 Moorpark Redevelopment Agency property within the Franchise Area, during regular work hours and, in emergencies as determined by the City Manager, at night, and on weekends. In this sense, an % %emergency" is when the City Manager determines that it is reasonably necessary to collect spilled or illegally dumped waste before the next business day in order to protect the environment from contamination, or to preserve the public peace, health and safety. GRANTEE shall collect and deliver such waste to the appropriate disposal or processing facility at no expense to the City. Section 10. CONTAINERS A. Position of Containers. The City will establish the collection location for all Containers. GRANTEE is responsible for the collection of all Commercial Solid Waste placed for collection, at all such designated collection locations. GRANTEE shall immediately notify the City of any condition at or near any collection location that creates a safety hazard or accessibility problem. Upon authorization by the City, GRANTEE may discontinue collection for any such location until the safety hazard or accessibility problem is corrected GRANTEE shall return all containers in an upright position to the approximate location where found properly placed per Title 8, Chapter 36, and without any unnecessary noise or wear and tear or damage to such containers. Containers shall not be deposited in the roadway, street, or block any sidewalk or driveway or on adjoining property, in compliance with Title 8, Chapter 36. GRANTEE shall notify Commercial Premises of the proper placement and position of containers when a container is placed in an inappropriate location, and in such case GRANTEE shall return the container to the proper location. Notification may include the use of stickers or tags to be placed on a container. GRANTEE shall reimburse the customer for any damage caused to customer -owned containers by GRANTEE beyond the usual and ordinary wear and tear. B. Specifications. Carts shall incorporate use of recycled content to the maximum extent possible. The City shall approve the type, size and other specific physical requirements for Containers. GRANTEE shall not be required to collect Solid Waste from Containers that do not conform to City requirements. C. Container Content Information. All GRANTEE - provided Containers shall bear information describing correct materials for collection, proper method for Customer to place materials for collection, and text stating that no hazardous materials may be included in Containers, including information September 4, 2002 28 about proper Hazardous Waste disposal. Recyclable Solid Wastes Containers shall additionally have anti - scavenging information. City shall approve all design and artwork for container information. D. General Requirements. After emptying any Container, GRANTEE shall replace the Container in an upright position, and shall make a reasonable effort at maintaining Container closure at all times by covering with a close fitting lid, at the place where such Container was placed for collection. GRANTEE shall handle Containers and lids in a manner so as to prevent damage, loss or spillage, and shall not throw Containers after emptying them. GRANTEE shall repair or replace, at its own expense, within five (5) working days, any Container damaged by GRANTEE. GRANTEE shall maintain all Carts free of tagging or graffiti. E. Improper Loading or Placement of Containers. GRANTEE may decline to collect any Solid Waste that (1) has not been properly loaded into Containers, (2) has been overloaded in Containers by weight or volume, or (3) has been compacted or otherwise placed, kept or accumulated in a manner such that the Solid Waste will not, of its own weight, fall out of the Container in which it is placed when such Container is turned upside down. GRANTEE may also decline to collect any Solid Waste if the Container in which it is contained has been placed (1) in a location, which GRANTEE cannot readily access with its Operating Assets, or (2) in a manner that would otherwise prohibit the safe pickup thereof. F. Container Replacement. GRANTEE shall provide repair and replacement of automated collection containers required in Exhibit B. SECTION 11. PLANNING AND ADMINISTRATION FEES. Fees may be unilaterally imposed by CITY on GRANTEE for any revisions to Solid Waste management plans that the CITY may be required by law to prepare, implement, and administer. GRANTEE shall pay such fees to CITY, upon written notification by CITY to GRANTEE. GRANTEE shall be entitled to an adjustment to the Rate to fully reimburse it for such fees. SECTION 12. REPORTS AND RECORDS REQUIREMENTS. GRANTEE shall keep records and prepare and submit reports to CITY in compliance with CITY reporting requirements. Additionally, GRANTEE may be required to submit verification of September 4, 2002 29 reported information. All reports and records required shall be furnished at the sole expense of GRANTEE. GRANTEE shall cooperate with and requested by CITY or any consultant or connection with the preparation and characterization studies or updated Recycling Element (SRRE) and Household (HHWE). provide all information firm employed by CITY in implementation of waste Source Reduction and Hazardous Waste Element CITY may also conduct inspections of the State Vehicle Certification, vehicle identification information, truck inventory, methods utilized to contain Solid Waste in trucks that are traveling on streets, highways, or freeways, and information reported by GRANTEE in the annual report. SECTION 13. PERFORMANCE REVIEW CITY may conduct an annual review in order to evaluate the level and quality of services provided by GRANTEE. A. CITY, in its sole discretion, may hold a hearing to review GRANTEE'S performance and quality of service. The reports required by this Agreement regarding customer complaints and any other information determined by CITY shall be utilized as the basis for review. B. If directed by the City Council, within thirty (30) days after the conclusion of the hearing, CITY shall issue a report with respect to the adequacy of performance and quality of service. If any noncompliance with this Agreement is found, CITY may direct GRANTEE to correct the inadequacies, pursuant to this Agreement. SECTION 14. SYSTEM AND SERVICES REVIEW. To provide for technological, economic, and regulatory changes in Solid Waste collection, transportation, disposal, and recycling, and to achieve a continuing, advanced Solid Waste collection and recycling system, the following system and services review procedures are hereby established: A. At CITY's sole option, CITY may hold a meeting(s), at which GRANTEE shall be present and shall participate, to review the Commercial Solid Waste collection system and services. At CITY's sole discretion, it may conduct any system and services review concurrently with any review of performance and quality of service as provided for in Section 12, above. Topics for discussion and review at the system and services review September 4, 2002 30 meeting shall include, but not be limited to, services provided, feasibility of providing new services, application of new technologies and state -of- the -art equipment, rights of privacy, amendments to the Agreement, developments in the law, and new activities for meeting or exceeding the Act's goals and regulatory constraints. CITY and GRANTEE may each select additional topics for discussion at any systems and services review hearing. Sixty (60) days after receiving notice from CITY, GRANTEE shall submit a report to CITY indicating the following: 1) All Solid Waste collection, transportation, disposal, and recycling services reported in significant industry trade journals that are being commonly provided on an operational basis, excluding tests and demonstrations, to communities in the United States with comparable populations, that are not provided to CITY; and 2) Changes recommended to improve CITY''s ability to meet the goals of the Act; and 3) Any specific plans for provision of such new or changed services by GRANTEE, or a justification indicating why GRANTEE believes that such services are not feasible for the Franchise Area. B. Not later than sixty (60) days after the conclusion of each system and service review meeting, CITY may issue a report. The report shall include a listing of any Solid Waste collection, transportation, disposal, and recycling services not then being provided to CITY that are considered beneficial technically and economically feasible by CITY. CITY may require GRANTEE to provide such services within a reasonable time at a mutually agreed -upon price. SECTION 15. FRANCHISE AREA - COMPENSATION A. Annual Rate and Service Charges Review. All of the rates and charges established in this Agreement between CITY and GRANTEE shall be reviewed and considered by the City Council, as provided for in Exhibit H. GRANTEE is aware of the City's goal to maximize recycling from Commercial Premises and Multi - Family Premises. GRANTEE agrees to comply with any rate structure adjustment that the City may determine is desirable for the purpose of improving diversion participation including creating economic incentives in the rates to promote recycling. It is agreed that upon thirty days written notice, the City may modify the commercial rate structure with an annual of up to a five percent impact on Commercial gross revenue on GRANTEE. B. Franchise Fee. GRANTEE shall pay to CITY a September 4, 2002 31 Franchise Fee as provided in Title 8, Chapter 36. GRANTEE shall also submit AB 939 fees, as described in Exhibit "I" and itemized in Exhibit G. The provisions set forth below for Franchise Fees shall also apply to AB 939 fees. All fees shall be payable by GRANTEE to CITY, on a monthly basis, no later than the fifteenth (15th) day of the following month by 12:00 p.m. Should the fifteenth (15th) day fall on a Saturday, payment shall be due by the preceding Friday. Should the fifteenth (15th) day fall on a Sunday, payment shall be due on the following Monday. Should the fifteenth (15th) day fall on a holiday, payment shall be due on the day before the holiday. Should the fifteenth (15th) day fall on a Monday on which a holiday is observed, payment shall be due on Tuesday. (5) Commercial. In consideration of the granting of an exclusive commercial solid waste franchise which provides for CITY contract administration and the use of and extraordinary wear and tear on CITY rights -of -way for the operation of commercial and roll -off drop box Solid Waste collection, transportation, disposal, and recycling vehicles, GRANTEE shall pay to CITY a Franchise Fee of sixteen percent (160) of Gross Revenues, excluding landfill share of the roll -off drop box accounts and excluding revenues from the sale of recyclables. The sixteen percent (16o Franchise Fee shall include the AB 939 fee. The City Council shall determine the appropriate percentage breakdown attributable to the AB 939 fee portion of the Franchise Fee. If and when CITY implements a business license tax, GRANTEE agrees to include revenues from the sale of recyclables in commercial Franchise Fees. The Franchise Fee on commercial recyclables shall be calculated in the same manner as for commercial recyclers that are subject to CITY's business license tax. (6) Franchise Fees not received by CITY by 12:00 p.m. on the fifteenth (15th) day of the following month shall be subject to interest and a late fee of five hundred dollars ($500). The interest rate shall be two percent (20) above the average of the most recent prime rates of the three largest banks headquartered in California as published in the Wall Street Journal (Western Edition) or similar publication, but not to exceed twelve percent (120) per annum. Interest shall be calculated from the fifteenth (15) day after the end of the month on the basis of a thirty (30) day month and the actual September 4, 2002 32 number of days that the Franchise Fees are outstanding. On a quarterly basis, GRANTEE shall reconcile and submit Franchise Fee balances owed to CITY. C. Acceptance of Payment - No Release. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim CITY may have for further or additional sums payable pursuant to the provisions of this Agreement or for the performance of any other obligation imposed by the provisions of this Agreement. D. Ownership Of Solid Waste. At no time shall 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. SECTION 16. SURETY. Contemporaneously with the execution of this Agreement, GRANTEE shall deposit a cash deposit ( "cash deposit ") in a form approved by the City Manager and City Attorney assignable to CITY in the sum of TWENTY Thousand Dollars ($20,000.00). In the alternative, GRANTEE may provide CITY with an irrevocable letter of credit from a bank or a performance bond from a licensed surety in a form approved by CITY's City Attorney. The cash deposit or irrevocable letter of credit (Surety) shall be on terms acceptable to the City Manager and City Attorney. The Surety shall serve as security for the faithful performance by GRANTEE of all the provisions and obligations of this Agreement. The Surety shall be payable to CITY upon its surrender. After thirty (30) calendar days following GRANTEE's failure to pay CITY any amount owing under this Agreement, the Surety may be assessed by CITY upon five (5) days prior written notice to GRANTEE for purposes including, but not limited to: A. Failure of GRANTEE to pay CITY sums due under the terms of this Agreement. B. Reimbursement of out -of- pocket costs borne by CITY to correct Agreement violations not corrected by GRANTEE, after due notice. C. Monetary remedies or damages may be assessed against GRANTEE due to breach of this Agreement. GRANTEE shall deposit a sum of money sufficient to restore the Surety to the original amount or, as the case may be, provide a new Surety, within thirty (30) days after notice from CITY that any amount has been withdrawn from the Surety. September 4, 2002 33 SECTION 17. FRANCHISE TRANSFERABLE; CITY CONSENT REQUIRED; TERMINATION BY GRANTEE. A. GRANTEE may not convey, assign, sublet, license, hypothecate, encumber of otherwise transfer or dispose of (collectively "Transfer "), this Agreement, the franchise granted under it or any rights or duties under it, in whole or in part, whether voluntarily or involuntarily, without the City's prior written consent as expressed by written resolution of the City Council. Any dissolution, merger, consolidation, or other reorganization of GRANTEE, except as provided in Section 17.C, below, any sale of other transfer or change in ownership or control of any of the capital stock or other capital or equity interests in either or both of them, or any sale or transfer of thirty percent (300) or more of the value of the assets of either or both of them shall be deemed a Transfer of this Agreement, the franchise granted under it or any rights or duties under it. Any Transfer or attempted Transfer of this Agreement, the franchise granted under it or any rights or duties under it made without the City's consent will be a material breach of this Agreement and, at the City's option, will be null and void. B. The City has no obligation to give its consent to a transfer of the franchise granted by this Agreement. If the City gives its consent, it may impose conditions, including, without limitation, requiring acceptance of amendments to this Agreement. Without obligating the City to give its consent, the proposed transferee of Transfer must demonstrate to the City's satisfaction that it has the operational and financial ability to perform the terms of this Agreement. C. GRANTEE's internal reorganization shall not constitute a transfer provided that CITY consent to the reorganization is sought and received prior to any internal reorganization. An internal reorganization includes any change in control of any of the voting stock through its conveyance to an affiliate of GRANTEE, or by operation of law. Any request for an internal reorganization must be submitted in writing to the City Manager, no less than one hundred and twenty (120) days prior to the proposed effective date of the internal reorganization. GRANTEE shall reimburse CITY for all of its costs to review the request and to determine if it is an internal reorganization. City's expenses may include, but are not limited to, Staff, City Attorney and Accountant fees and costs. Determination by the City Manager shall be final. Any attempt to implement an internal reorganization without the consent of CITY shall constitute a material breach of this Agreement. D. Rights of City in Event of Certain Misconduct. Notwithstanding anything in this Agreement to the contrary, the City shall have the right to terminate this Franchise Agreement if any official of GRANTEE, or any associated firm or entity, including but not limited to, any parent or subsidiary company September 4, 2002 34 involved with the performance or administration of the Franchise Agreement is convicted of, or pleads guilty or nolo contendere to a felony relating to this Agreement. In addition, at the request of the City, GRANTEE shall ensure that any officials of GRANTEE, its parent or subsidiary company officials who are convicted of, or plead guilty or nolo contendere to a felony (whether or not relating to the administration of the Agreement) shall be removed from administrative, managerial or other activities relating to the Agreement. E. GRANTEE may terminate this Agreement only upon one hundred eighty (180) days written notice to CITY. SECTION 18. FRANCHISE TRANSFER FEES. A. Any application for a franchise transfer shall be made in a manner prescribed by the City Manager. The application shall include a deposit of $5,000, to cover the estimated cost of all direct and indirect expenses, including CITY staff, consultants' and attorneys', reasonably incurred by City to adequately analyze the application. Any costs incurred by the CITY in excess of $5,000 shall be reimbursed by GRANTEE. In the event that the CITY's costs are less than $5,000, CITY shall refund remaining deposit to GRANTEE. B. Upon approved transfer of this Agreement, GRANTEE shall pay to CITY a transfer fee in the amount of $50,000 or five percent (50) of gross revenue from the last twelve months, whichever is greater. C. These franchise transfer fees are over and above any Franchise Fees specified in this Agreement and shall not be passed on to Commercial Premises. D. The amount of the franchise transfer fee shall be adjusted annually at the same percentage as the annually approved customer service rates under this Agreement. SECTION 19. IMPOSITION OF DAMAGES OR TERMINATION. A. If at any time the City Manager determines that GRANTEE's performance pursuant to this Agreement has not been in conformity with the provisions of this Agreement, the requirements of Title 8, Chapter 36, requirements of the California Integrated Waste Management Board, including, but not limited to, requirements for source reduction and recycling or any other applicable federal, state or local law, rule or regulation, including, but not limited to, the laws governing transfer, storage or disposal of Hazardous Waste, the City Manager may advise GRANTEE in writing of such deficiencies. The City Manager shall, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. September 4, 2002 3S B. Unless otherwise specified, a reasonable time for correction shall be thirty (30) days from the receipt by GRANTEE of such written notice. The City Manager shall review GRANTEE's response and refer the matter to the City Council. The City Council shall consider said response not later than sixty (60) days from GRANTEE'S receipt of City Manager's written referral and make a determination on the matter within thirty (30) days from it first being placed on the City Council agenda. C. The City Council shall give GRANTEE, and any other person requesting the same, ten (10) days written notice of the time and place of the hearing to consider GRANTEE'S appeal. At the hearing, the City Council shall consider the report of the City Manager indicating the deficiencies, and shall give GRANTEE, and its representatives and any other interested person, a reasonable opportunity to be heard. D. Based on the evidence presented, the City Council shall determine by resolution whether or not this Agreement should be terminated or damages imposed or a notice to cure issued. If, based upon the record, the City Council in its sole discretion determines that the performance of GRANTEE is in breach of any material provision of this Agreement or any material provision of any applicable federal, state or local law, rule or regulation and has not been corrected within the time specified in the notice of deficiency, the City Council in the exercise of its sole discretion, may terminate forthwith this Agreement or impose damages, as defined below, or issue a notice to cure. The decision of the City Council shall be final and conclusive. GRANTEE's performance under this Agreement shall not be excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. E. This right of termination and to impose damages is in addition to any other rights that may exist pursuant this agreement of CITY upon a failure of GRANTEE to perform its obligations under this Agreement. F. Irrespective of subsection "A" above, CITY further reserves the right to terminate this Agreement and impose damages in the event of any of the following, each of which shall be deemed a material breach of GRANTEE's obligations under this Agreement: (1) If GRANTEE practices, or attempts to practice, any fraud or deceit upon CITY. (2) In the event that GRANTEE should become insolvent or if proceedings in bankruptcy shall be instituted by or against GRANTEE, or if GRANTEE shall be adjudged bankrupt or insolvent by any court, or if a receiver or trustee in bankruptcy or a receiver of September 4, 2002 36 any property of GRANTEE shall be appointed in any suit or proceeding brought by or against GRANTEE, or if GRANTEE shall make an assignment for the benefit of creditors, and during the pendency of aforementioned proceeding GRANTEE fails to maintain service levels as required by this Agreement. (3) If GRANTEE fails to provide or maintain in full force and effect, the workers compensation, liability insurance coverages or cash deposit as required by this Agreement. (4) If GRANTEE willfully violates any orders or rulings of any regulatory body having jurisdiction over GRANTEE directly relating to the performance of GRANTEE obligations under this Agreement, provided that GRANTEE'S 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 unless and until there is a final adjudication adverse to GRANTEE. (5) If GRANTEE ceases to provide Solid Waste collection service as required under this Agreement over all or a substantial portion of its Franchise Area for a period of five (5) days or more, except where arising from an event of Force Majeure (6) If GRANTEE willfully fails to make any payments required under this Agreement and /or refuses to provide CITY with required information, reports and /or test results in a timely manner as provided in this Agreement, and which is not corrected or remedied within the time set in the written notice of the failure or, if GRANTEE cannot reasonably correct or remedy the breach within the time set forth in such notice, or if GRANTEE should fail to commence to correct or remedy such failure within the time set forth in such notice and diligently effect such correction or remedy thereafter.. (7) If GRANTEE willfully fails to make any payments required under this Agreement and /or refuses to provide CITY with required information, reports and /or test results in a timely manner as provided in this Agreement, which is not corrected or remedied within the time set in the written notice of the failure (or such additional time as reasonably required, if GRANTEE cannot reasonably September 4, 2002 37 correct or remedy the breach within the time set forth in such notice, provided that GRANTEE commences to correct or remedy such failure within the time set forth in such notice and diligently pursues such correction or remedy thereafter). (8) If GRANTEE fails to achieve a 50% diversion level for the waste stream within its Franchise Area collected under this Agreement and the Commercial Agreement as a result of its failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or is in breach of the requirements of Exhibit I, Section 5 related to waste diversion, following a determination by the CIWMB or the City that the City has failed or will fail to meet its diversion goals. GRANTEE shall have an opportunity to cure this material breach, within the time allotted by the CIWMB, or City, as appropriate. See also SECTION 22.D., below (9) Any other act or omission by GRANTEE which materially violates the terms, conditions or requirements of the Agreement, Title 8, Chapter 36, the Act, or any order, directive, rule or regulation issued thereunder, and which is not corrected or remedied within the time set in the written notice of the violation or, if GRANTEE cannot reasonably correct or remedy the breach within the time set forth in such notice, or if GRANTEE should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. G. Liquidated Damages. (1) CITY finds, and GRANTEE agrees, that as of the time of the execution of this Agreement by both parties, it is impractical, if not impossible to reasonably ascertain the extent of damages that will be incurred by CITY as a result of a material breach by GRANTEE of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such a breach causes inconvenience, anxiety, frustration and deprivation of the benefits of this Agreement to September 4, 2002 38 individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) the monetary loss resulting from denial of services or denial of quality or reliable service is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for any such breach, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. (2) Pursuant to Section 18, the City Council may, at its sole discretion, assess liquidated damages not to exceed the sum of One Thousand Dollars ($1,000.00) per day in accordance with this Agreement. The maximum amount of the liquidated damages shall be increased by the past year's Consumer Price Index for all urban consumers within the Los Angeles- Anaheim - Riverside metropolitan area during the prior calendar year, excluding the housing component, on the annual anniversary of this Agreement. The comparison shall be made using the month of September of each year and shall be effective as of January 1 of each year. In addition, the Council may order the termination of this Agreement or other remedies available by law. (3) CITY finds and GRANTEE acknowledges and agrees that the above - described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day during which GRANTEE has been found by the City Council to be in material default pursuant to this Agreement. GRANTEE shall pay any liquidated damages assessed by the City Council within ten (10) days after they are assessed. If they are not paid within the ten -day period, CITY may withdraw them from the Surety required by Section 15 above, order the termination of the Franchise granted by this Agreement without prior notice to GRANTEE, or both. SECTION 20. CITY'S ADDITIONAL REMEDIES. In addition to the remedies set forth in Section 18, above, CITY shall have the following rights: ' A. License Other Solid Waste Enterprises. The right September 4, 2002 39 to license others to perform the services otherwise to be performed by GRANTEE, in the event GRANTEE is in material breach of its duties to provide those services; and B. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by GRANTEE, 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. C. City's Damages for Failure to Achieve Diversion Goals. GRANTEE agrees that its failure to achieve a 500 diversion level for the waste stream within its Franchise Area collected under this Agreement and the Commercial Agreement, arising from its failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of Exhibit I, Section 5 related to waste diversion, shall be a material breach of this Agreement. If the California Integrated Waste Management Board were to impose administrative civil penalties against City, then the City's damages for GRANTEE's material breach in its failure to achieve the diversion goals for the City within its Franchise Area as required by this Agreement, shall include, but not be limited to such administrative civil penalties, attorneys' costs and fees and City's staff time devoted to the resolution of the administrative civil penalties against City. SECTION 21. RIGHTS OF CITY DURING EMERGENCY. A. Should GRANTEE for any reason whatsoever, except the occurrence or existence of any of the events or conditions set forth in SECTION 24.A, "Force Majeure," below, for a period of more than seventy -two (72) hours, refuse or be unable to collect a material portion or all of the Residential Solid Waste which it is obligated under this Agreement to collect, and as a result, Residential 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 Residential Solid Waste which GRANTEE is obligated to collect and transport pursuant to this Residential Agreement, but which GRANTEE is unable to collect and transport. City shall provide twenty -four (24) hours prior written notice to GRANTEE during the period of such emergency, before contracting with another solid waste enterprise to collect and transport any or all Residential Solid Waste which GRANTEE would otherwise collect and transport pursuant to this Residential Agreement, for the duration of the inability of GRANTEE to provide such services. In such event, GRANTEE shall identify sources from which such substitute Solid Waste services are immediately available, and shall reimburse City for all of September 4, 2002 40 its expenses for such substitute services. B. GRANTEE will assist City in the event of major disaster, such as an earthquake, storm, tidal wave (tsunami) riot or civil disturbance, by providing collection vehicles and drivers normally assigned to the City, at the Commercial rates provided in EXHIBIT %NG". GRANTEE shall cooperate with City, county, state and federal officials in filing information related to a regional, state or federally - declared state of emergency or disaster as to which GRANTEE has provided equipment and drivers pursuant to this Agreement. SECTION 22. INDEMNIFICATION AND INSURANCE. GRANTEE agrees that it 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 grant of this franchise to GRANTEE or GRANTEE's exercise of the franchise, unless such claim is due to the sole or active negligence or willful acts or knowing violation of law of the City, its elected officials, officers, employees, agents or contractors. A. GRANTEE, 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, 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 dormant Commerce Clause or any other federal or state laws, including, but not limited to the anti -trust laws and federal preemption under the Federal Aviation Administration Authorization Act of 1994 or any other law with respect to the provision of Solid Waste services, unless arising from a knowing violation of law or willful misconduct by the City. This provision shall survive the expiration of the period during which collection services are to be provided under this Commercial Agreement. City and GRANTEE agree to confer following any trial to decide jointly whether to appeal or to oppose any appeal. In the event City and GRANTEE jointly agree to appeal, or to oppose any appeal, City and GRANTEE agree to share equally the costs of appeals. Should either City or GRANTEE decide to appeal, or to oppose an appeal, and the other decide not to appeal, or to oppose an appeal, the party which decides to appeal, or to oppose an appeal, shall bear all fees and costs of the appeal or the opposition to the appeal. B. Indemnification of GRANTEE. CITY shall indemnify and hold GRANTEE, its officers, directors, employees and September 4, 2002 41 shareholders harmless from and against any and all liabilities, losses, damages, claims, actions, causes of action, costs and expenses (including but not limited to attorney's fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) arising out of or resulting in any way from GRANTEE's exercise of the Franchise, but only if due to the sole or active negligence or willful acts of CITY, its officers, employees, or agents. C. Hazardous Substances Indemnification. GRANTEE shall indemnify, defend, protect and hold harmless City, its elected officials, officers, employees, volunteers, agents, assigns and any successor or successors to City's interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its elected officials, officers, employees, volunteers or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste in any Solid Waste collected by GRANTEE pursuant to this Commercial Agreement, which is or has been transported, transferred, processed, stored, disposed of which has otherwise come to be located by GRANTEE, or GRANTEE's activities pursuant to this Agreement result in a release of Hazardous Substances into the environment. The foregoing indemnity is not applicable with respect to any facility at which Solid Waste has come to be located at the direction of the City, except for those facilities owned and operated by GRANTEE or an affiliate. D. Integrated Waste Management Act Indemnification. GRANTEE agrees to meet the requirements of the California Integrated Waste Management Board and the City's Source Reduction and Recycling Element ( "SRRE "), and to take reasonable efforts to maximize diversion, in accordance with the terms and conditions of this Agreement. GRANTEE agrees that its failure to achieve a 50% diversion level for the waste stream within its Franchise Area collected under this Agreement and the Commercial Agreement, arising from its failure to make reasonable efforts to maximize diversion in accordance with the terms and conditions of this Agreement, or its breach of the requirements of Exhibit I, Section 5 related to waste diversion, shall be a material breach of this Agreement. In the event of a determination by the CIWMB or the City that the City has failed or will fail to meet its diversion goals, GRANTEE shall have an opportunity to cure the material breach. See also SECTIONS 20.F.7 and 20 C. In September 4, 2002 42 addition, subject to the requirements of Section 40059.1 of the Public Resources Code, GRANTEE shall 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 goals of AB 939 are not met by the City of Moorpark with respect to the waste stream covered by this Agreement and the Commercial Agreement, or GRANTEE`s delays in providing information prevent City from submitting reports required by AB 939 in a timely manner. E. The City shall be included as an additional insured on each of the policies and policy endorsements. Notwithstanding any inconsistent statements in any of said policies or any subsequent endorsement attached thereto, the protection offered by the policies shall: 1) Name the City and its officers, employees, servants and agents, as additional insured with GRANTEE, whether liability is attributable to GRANTEE or City. 2) Insure the City and its officers and employees, servants and agents while acting in the scope of their duties under this Agreement against all claims, demands, damage, liabilities, losses, costs or expenses arising from, or in any way connected with, the performance of this Agreement by GRANTEE or the City. 3) Bear an endorsement or have attached a rider, executed by a duly authorized officer of the insurance company, whereby it is provided that such policy provides primary coverage and that any other policy that may afford coverage to the City shall be excess over, and not concurrent with, such policy. 4) GRANTEE shall provide the City with a completed Insurance Endorsement on form CG 20 10 11 85. No substitute form is acceptable. Said Endorsement, executed by a duly authorized officer of the insurance company, shall provide that in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City shall be notified by certified or registered mail, postage prepaid, return receipt requested, not less than thirty (30) days before the expiration or cancellation is effective. 5) Consistent with the provisions of this Article, GRANTEE shall provide public liability and property damage insurance as follows: .September 4, 2002 43 a. In an amount not less than ten million dollars ($10,000,000.00) for injuries or death to any one person, and subject to the same limitation for each person ($1,000,000.00) on account of any one occurrence; and b. In an amount not less than one million dollars ($1,000,000.00) for damages to property on account of any one occurrence. c. In an amount not less than two million dollars ($2,000,000.00) for automobile liability insurance for any one claimant. d. All policies shall be written on an occurrence basis. Consistent with the provisions in the preceding paragraphs, GRANTEE shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by GRANTEE in work under this Agreement is not protected by the workers' compensation law, GRANTEE shall provide adequate insurance for the protection of such employees to the satisfaction of the City. F. Modification. The insurance requirements provided herein may be modified or waived in writing by the City Council upon the request of GRANTEE, provided the City Council determines such modification or waiver is in the best interests of CITY considering all relevant factors. G. Insurance Coverage. Contemporaneously with the execution of this Agreement, GRANTEE shall deposit copies with the City of endorsements evidencing the existence of policies of insurance required pursuant to this Agreement. City shall have the right to review GRANTEE's insurance policies at GRANTEE's place of business. H. Indemnification in Excess of Insurance Coverage. The hold harmless and indemnification provision of Section 21 shall apply regardless of whether or not the insurance policies required by Section 21 are determined to be applicable to or sufficient to satisfy the losses, liabilities, fines, penalties, claims, damages, liabilities or judgments, including attorney's fees, described in Section 21. September 4, 2002 44 I. Notwithstanding any inconsistent statement in any of said coverages and policies or any subsequent endorsement attached thereto, the protection offered by the policies shall be written on an Occurrence basis. SECTION 23. GRANTEE'S BOOKS AND RECORDS; AUDITS. A. GRANTEE shall maintain all records relating to the services provided hereunder, including, but not limited to, books, customer lists, billing records, collection route schedules, maps, Act compliance records, customer complaints, gate tickets, route maps, customer lists, and other like materials for the full term of this Agreement, and an additional period of not less than three (3) years, or any longer period required by law. CITY shall have the right, upon five (5) business days advance notice, to inspect all records, including, but not limited to, books, customer lists, billing records, collection route schedules, maps, Act compliance records, customer complaints, and other like materials of GRANTEE which reasonably relate to GRANTEE's compliance with the provisions of the Agreement. Such records shall be made available to CITY, upon request, at GRANTEE's regular place of business, but in no event outside the County of Ventura. B. GRANTEE shall maintain a method of accounting, in accordance with Generally Accepted Accounting Principles ( "GAAP ") to the satisfaction of CITY that correctly reflects the Gross Revenues of GRANTEE in connection with this Agreement. The accounting and record keeping of Gross Revenues shall be separate from the accounts maintained for any other business operated by GRANTEE. C. CITY shall have the right to inspect GRANTEE'S revenue records and the right of audit and recomputation of any and all amounts payable pursuant to the provisions of this Agreement. Should any examination or audit of GRANTEE's records reveal an underpayment or overpayment of any fee required under this Agreement, the amount of such underpayment or overpayment shall become due and payable not later than fifteen (15) days after written notice of such underpayment or overpayment is sent to Grantee by CITY. Should an underpayment of more than three percent (30) be discovered or when such audit results in increasing GRANTEE's payment to CITY, GRANTEE shall bear the entire cost of the audit. SECTION 24. GENERAL PROVISIONS. A. Force Majeure. GRANTEE shall not be in default under this Agreement in the event that the collection, transportation, recycling, or disposal services of GRANTEE are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, civil disturbances, September 4, 2002 45 insurrections, 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 GRANTEE. Other catastrophic events does not include the financial inability of GRANTEE to perform or failure of GRANTEE to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of GRANTEE. In the event a labor disturbance interrupts collection, transportation, recycling, or disposal of Solid Waste by GRANTEE as required under this Agreement, CITY may elect to exercise its rights under Section 21 of this Agreement. B. Independent Contractor. GRANTEE is an independent contractor and not an officer, agent, servant or employee of CITY. GRANTEE is solely responsible for the acts and omissions of its officers, agents, employees, and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between CITY and GRANTEE. Neither GRANTEE nor its officers, employees, agents or subcontractors shall obtain any rights to retirement or other benefits which accrue to CITY employees. C. Pavement Damage. GRANTEE shall be responsible for any extraordinary damage to CITY's driving surfaces, whether or not paved, resulting from the weight of, or any leakage or spillage of oils, fluids or solids by, vehicles providing Solid Waste collection and transportation services under this Agreement. D. Law to Govern; Venue. The laws of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Ventura. In the event of litigation in U.S. District Court, exclusive venue shall lie in the Central District of California. E. Fees and Gratuities. On an annual basis, GRANTEE shall instruct its officers, agents, employees, and subcontractors in writing, that requesting, soliciting, demanding, or accepting either directly or indirectly, any compensation or gratuity for the collection of Solid Waste required to be collected under this Agreement is prohibited. GRANTEE shall annually require each officer, agent, employee, and subcontractor performing services pursuant to this Agreement to sign an acknowledgment of this policy. F. Prior Agreements and Amendment. This Agreement is intended to carry out CITY's obligations to comply with the provisions of the Act, as it from time to time may be amended, and as implerdented by regulations of the California Integrated Waste Management Board ( "Regulations "), as they from time to time may be amended. In the event the Act, the Regulations, or other September 4, 2002 46 state or federal laws or regulations enacted after this Agreement has been made and entered into prevent or preclude compliance with one or more provisions of this Agreement, such provisions of the Agreement shall be modified or suspended as may be determined necessary by CITY to comply with such state or federal laws or regulations. No other amendment to this Agreement shall be valid unless in writing duly executed by the parties. G. Identification Required. 1) GRANTEE shall provide identification for all its employees who may make personal contact with customers. CITY may require GRANTEE to notify customers of the form of said identification on an annual basis. 2) GRANTEE shall provide a list of current employees to the CITY upon request. H. Employee Appearance, Conduct, and Training. 1) All employees who may make personal' contact with customers shall maintain at all times as clean and neat an appearance as is possible. 2) Employees shall use their best efforts to avoid causing any disturbance or interference that may annoy customers during the collection, transportation, recycling, and disposal of Solid Waste. 3) Employees shall receive training to identify hazardous materials that are not considered Solid Waste and, therefore, may not be collected, transported, recycled, or disposed of by GRANTEE. I. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered or sent by United States certified mail, postage prepaid, return receipt requested, addressed as follows: To: City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Copy to: Moorpark City Attorney Burke, Williams & Sorensen, LLP 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 -3102 To GRANTEE: Charles Anderson, doing business as Moorpark September 4, 2002 47 Rubbish Disposal 4950 Industrial Street P.O. Box 307 Simi Valley, CA 93063 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 received and effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail. J. 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. K. Joint Preparation of Agreement. Should interpretation} of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. L. The provisions of Section 22 shall survive the termination or expiration of this Agreement. M. Waiver of Contract. No waiver of any provision of this Contract shall be binding unless agreed to by CITY and GRANTEE and executed in writing. N. Captions and Headings. The captions and headings of the various Sections and Paragraphs of this Agreement are for convenience and identification only and shall not be deemed to limit or define the content of the respective Articles and Paragraphs hereof. 0. Duplicate Originals. This Ac duplicate counterparts, each of which original, but both of which together shall same instrument. This Agreement consists and Exhibits A through I, each of which is this reference. jreement is executed in is deemed to be an constitute one and the of pages 1 through 35 incorporated herein by P. Integration. This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. WITNESS the execution of this Agreement. September 4, 2002 48 ATTEST CITY OF MOORPARK Patrick Hunter, Mayor Deborah S. Traffenstedt, City Clerk CHARLES ANDERSON, DOING BUSINESS AS MOORPARK RUBBISH DISPOSAL M Its Its State of County of , ss. On this day of in the year before me personally appeared CHARLES ANDERSON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument and acknowledged that he (she or they) executed it. September 4, 2002 49 Exhibit A FRANCHISE AREA OCTOBER 1, 2002 As of October 1, 2003, Commercial Franchise Areas (including multi - family and industrial areas) are to be distributed between GRANTEES as set forth in the Commercial Franchise Area Map, which is attached hereto and which, by this reference, is made a part of this Agreement. However, as of January 1, 2003, and every year of the Franchise Agreement thereafter, residential customers shall be allocated equally (50o /50o) between the two solid waste enterprises holding franchises, as additional residential development takes place. At the City Manager's sole discretion, CITY may make adjustments to the Franchise Area boundaries and /or the number of residential customers of up to two percent (2%) of the total number of residential customers on a quarterly basis beginning October 1, 2002 and every quarter thereafter, to address economy and efficiency, avoid duplication of service, reduce vehicle trips, and other related matters. CITY agrees to restore any adjustment to the number of customers resulting from the adjustment to the Franchise Area as soon as practical. Any restoration of the number of customers will not include recouping lost revenues resulting from the adjustments. September 4, 2002 51 Exhibit C COMMERCIAL, MULTI - FAMILY, AND TEMPORARY BIN /ROLL- OFF DROP BOX DATED OCTOBER 1, 2002 (1) Commercial Weekly Service. Not less often than once per week, and more frequently if required to handle the Solid Waste stream of the premises where the service is provided, GRANTEE shall collect the Solid Waste materials, including recyclables, which have been placed for collection in the appropriate bin. For the purpose of this Agreement, Multi- family service shall be considered as Commercial service. Service rates for multi - family customers are the same service rates for commercial customers as listed in Exhibit G, Service Fee Schedule. (2) Cost of Construction and Temporary Bin /Roll -off Services. GRANTEE shall provide construction and temporary bin and roll -off drop box service for collection of Solid Waste, recycling, and composting in its Franchise Area pursuant to Exhibit A, at rates described in Exhibit G, Service Fee Schedule. (3) Recycling Program. GRANTEE shall provide recycling services in the Franchise Area per the terms set forth and at the service rates set forth in Exhibit G, Service Fee Schedule. A. Commercial Recycling Containers. GRANTEE shall provide appropriate container, bin or drop box roll -off for recyclables, for all commercial customers who request such service. The quantities and sizes of containers will be dependent upon the configuration of each commercial premises. Metal recycling bins may have interior dividers (provided at the discretion of GRANTEE) and lockable lids (if requested by the Customer) , and an informative decal in a form approved by the City Manager. GRANTEE shall actively promote commercial recycling to all of its customers. B. Commercial Recycling Materials. GRANTEE shall collect recyclables separated from Solid Waste by commercial customers. Materials to be collected include, but are not limited to, paper, newspapers, glass, aluminum and bi -metal cans, cardboard, plastic, Yard Trimmings, or other material that is to be segregated for collection. The CITY reserves the right to require collection of additional materials at no cost to CITY. At no cost to CITY, decals shall be developed and affixed to such bins identifying materials to be deposited in CITY's recycling and /or Yard Trimmings collection program. Collection shall take place Monday through Saturday, as scheduled with customer. At the CITY's direction, GRANTEE shall identify customers with significant Recyclable Solid Wastes in mixed Solid Waste containers, and shall deliver these containers for processing of Recyclable Solid Waste. GRANTEE shall provide a staff liaison to coordinate the commercial recycling program. C. Multi - Family Complex Recycling. GRANTEE agrees with CITY, and upon approval of property owners, management companies, or associations, to collect and remove all Recyclable Solid Wastes that are segregated and placed for collection at multi- family complexes located in the City where Solid Waste bin collection exists. D. Multi - Family Unit Recycling Containers. GRANTEE shall provide, at no cost to CITY, individual recycling pails to multi - family residents for each multi- family unit as requested by the City Manager. The City Manager shall approve the size and type of recycling pail GRANTEE shall provide to residents. Upon execution of this Agreement, recycling pails shall become the property of GRANTEE. Ownership of replacement recycling pails delivered during the term of this Agreement shall remain with GRANTEE. E. Holiday Tree Collection Bins. GRANTEE shall offer bins designated for the collection of Holiday trees at all multi - family complexes serviced by GRANTEE at a discounted rate during the designated program schedule. (4) Bin Distribution. GRANTEE shall purchase and shall distribute bins for Solid Waste, including Discards, Recyclable and compostable materials, to commercial customers. The bins shall be of the size and design necessary for commercial collection of Solid Waste. GRANTEE shall coordinate bin size to meet the needs and available storage space of the business. The ownership of the bins purchased by GRANTEE under this Agreement shall be and remain with GRANTEE. September 4, 2002 54 GRANTEE shall purchase and shall distribute multi- family recycling bins to participating or subscribing complexes within its Franchise Area. The bin shall be specifically designed for such recycling in order to reduce material theft and product contamination. At no cost to CITY, decals shall be developed and affixed to such bins identifying materials to be deposited in CITY's program. The ownership of such bins purchased by GRANTEE shall be and remain with GRANTEE. (5) Bin Maintenance. GRANTEE will keep commercial collection bins in proper condition. After collection, GRANTEE shall close any bin lids following collection. The parties acknowledge that from time -to -time bins will get damaged and may become unusable. GRANTEE shall replace bins with useable commercial bins. Where the collection location is within an enclosure constructed pursuant to the requirements of the City Manager, GRANTEE shall be responsible for the removal and replacement of all containers placed therein. GRANTEE shall use sufficient care in the handling of such containers as to prevent any damage to the enclosure, the enclosure doors, and adjacent facilities or improvements. GRANTEE shall repair at its own expense, and within 30 working days after notification from the City Manager, any such enclosure or adjacent facilities or improvements damaged by GRANTEE. (6) Collection from CITY Facilities. At no charge, GRANTEE shall furnish sufficient receptacles, as determined by CITY, for collection, transportation, recycling and disposal of Solid Waste, including Discards, source separated Recyclable and compostable materials, at every facility in GRANTEE's Franchise Area, owned or operated by the CITY and the Moorpark Redevelopment Agency (Agency) and remove the contents of these containers on a schedule approved by CITY and Agency, at no cost, including landfill fees, to CITY. Collection at CITY and Agency owned facilities shall be at least once a week and more often if needed as determined by the City Manager. City owned or operated facilities are shown in Exhibit C -1, and may be modified or expanded by the City from time to time. (7) Telephone Book Recycling. GRANTEE shall accept September 4, 2002 55 and recycle telephone books in its commercial recycling collection program. (8) Waste Audits. Upon request by the Customer and /or CITY, GRANTEE shall conduct a waste audit of all customer - requested commercial and multifamily accounts to determine their recyclable content, prior to services being rendered. The process used to conduct this waste audit shall be reviewed and approved by CITY. (9) Yard Trimmings Collection Service. GRANTEE shall offer to collect source separated Yard Trimmings generated from customers' premises in its commercial Franchise Area. GRANTEE shall take care to make sure the instructional stickers for Yard Trimmings containers identify both the acceptable and unacceptable types of organic Yard Trimmings material. (10) Holiday Tree Recycling. GRANTEE shall offer bins designated for the collection of Christmas trees and Hanukkah bushes, etc. at all multi - family complexes serviced by GRANTEE at a discounted rate from the regular bin rate provided in Exhibit G, Service Fee Schedule. (11) Promotion. A. Billing Information. At its own cost and expense, GRANTEE will print waste reduction information on bills using text that is provided by the CITY. B. Collection Vehicle Signs. GRANTEE shall purchase and attach a frame to both sides of designated collection vehicles used in the CITY for the purpose of attaching signs approximately three (3) feet by eight (8) feet to promote waste reduction. Signs will be supplied by the CITY and, at its own cost and expense, installed by GRANTEE. C. Other Promotion. At the CITY's direction, GRANTEE, at its own cost and expense, shall be responsible for program publicity including at least one (1) direct mail publication with text and materials provided by the CITY to all commercial Customers each year with text approved by the CITY prior to mailing. At the CITY's direction, GRANTEE, at its own cost and expense, shall promote general programs through advertisements of at least one - quarter page in September 4, 2002 56 size at a maximum of four times each year in a newspaper of general daily circulation, with text as approved by the CITY. (12) Special Events. GRANTEES shall each share equally in the costs to provide the equivalent of 300 cubic yards each of Solid Waste bin dollection and transportation service including all landfill fees, at no charge, for community and special events sponsored or co- sponsored by the City, including but not limited to, Hazardous Waste Collection Events, Labor Day in the Park, Independence Day, Coastal and Inland Waterways Clean Up Day and other non - profit litter reduction efforts, Moorpark Country Days, every calendar year, as directed by the City Manager. Service shall include provision of a sufficient number of containers at the places, times and service frequency designated by the CITY. All containers shall be labeled with adequate signage describing acceptable materials, method of placement and unacceptableness of Hazardous Waste. (13) Public Area Collection. GRANTEE shall, at no cost or expense to, and at the direction of, the CITY, once per week or more frequently if needed, provide Solid Waste collection service from containers not to exceed 45 gallons in capacity placed on public right -of -way at no more than 10 locations designated by the CITY. At direction of the CITY, GRANTEE shall, at its own cost and expense, provide Recyclable Solid Wastes collection service for materials separated from Solid Waste from no more than 10 locations, 45 gallon recycling containers in public locations designated by the CITY. (14) Waste Evaluations. In January of each year, GRANTEE shall provide each Customer with a written description of the service level provided that Customer, including an offer to schedule a field visit to determine if the current service level is adequate. By January 31 of each year, GRANTEE shall provide all Customers with packets including a rate schedule, waste reduction information, and other appropriate educational information. City and GRANTEE staff shall meet to develop annual promotional materials. Materials shall be provided in Spanish, as necessary. (15) Container Content Information. For all Containers provided to the Customer by GRANTEE, GRANTEE shall provide and affix to such Containers at no additional cost and expense information about container contents with text approved by the City. September 4, 2002 57 (16) Alternative Fuel /Re- refined Oil Support GRANTEE shall consider available local and state funding for the purchase and /or conversion of unleaded gasoline and diesel fuel refuse vehicles to alternative fuel vehicles. GRANTEE shall provide progress summary as part of annual report to City. GRANTEE shall consider use of re- refined motor oil in refuse /recycling vehicles operated by the company, if the use of re- refined motor oils is not inconsistent with vehicle manufacturer's or warranty requirements. GRANTEE shall provide progress summary, including volumes used, as part of annual report to City. EXHIBIT C -1 CITY FACILITIES Moorpark Civic Center (Senior Center, Community Center, City Hall, City Hall Annex), 799 N. Moorpark Ave. Moorpark City Maintenance Building & Yard, 675 N. Moorpark Avenue Building, Safety & Engineering Building, 18 High Street. Arroyo Vista Recreation Center, 4550 Tierra Rejada Road. Vector /Animal Control Building, 7150 Walnut Canyon Rd. Moorpark Police Service Center, 31 Flory Avenue Public Works Department Building, 798 N. Moorpark Avenue. Future Parks /Public Works Municipal Service Center, Spring & Flynn Moorpark Metrolink Station, 300 High Street. Moorpark City Parks: 1. Arroyo Vista Park, 4550 Tierra Rejada Road; Tierra Rejada Road and Countrywood 2. Campus Park, 6400 Harvard Street; Corner of Hartford and Harvard Streets. 3. Campus Canyon Park, 6970 Hearon Drive; Corner of Collins Drive and Hearon Drive. 4. Community Center Park, 799 Moorpark Avenue; In front of City Hall. 5. Country Trail Park, 11701 ' Mountain Trail; Off Countrywood and Mountain Trail 6. Glenwood Park, 11800 Harvester Street; Harvester Street and Tierra Rejada Road. 7. Griffin Park, 15400 Campus Park Drive; Campus Park Drive and College View Avenue. 8. Miller Park, 4530 Miller Parkway; Miller Parkway 9. Monte Vista Nature Park, 4201 Spring Road; Spring Road north of Christian Barrett Drive. 10. Mountain Meadows Park, 4350 Mountain Meadow Drive; September 4, 2002 58 Mountain Meadow Dr. and Mountain Trail St. 11. Peach Hill Park, 13200 Peach Hill Road; Christian Barrett Drive and Peach Hill Road. 12. Poindexter Park, 500 Poindexter Avenue 13. Tierra Rejada Park, 11900 Mountain Trail Street; Tierra Rejada Road and Mountain Trail Street. 14. Virginia Colony Park, 5600 Condor Drive; Condor and Avenida Colonia 15. Villa Campesina Park, 4704 Leta Yancy Road September 4, 2002 59 Exhibit D VEHICLE /EQUIPMENT STANDARDS DATED OCTOBER 1, 2002 A. Vehicle and Equipment Standards. Any vehicle utilized for the collection, transportation, or disposal of Solid Waste in the CITY shall comply with the following standards: 1. Hazardous Waste Warnings. GRANTEE shall mark all of its Bins and roll -off drop boxes in the City with conspicuous notices warning that the disposal of Hazardous Wastes is prohibited. 2. Bin and Roll -Off Drop Box Identification. All bins and roll -off drop boxes shall bear the name and telephone number of GRANTEE. The letters shall be no larger than six (6) inches in height and four (4) inches in width. Roll -off drop boxes shall have a maximum size of two (2) feet by two (2) feet in height and width. 3. Equipment Construction And Maintenance. Each vehicle shall be constructed, used, and maintained so that no Solid Waste, oil, grease, or other substance will blow, fall, or leak out of the vehicle. All vehicles transporting Solid Waste in the CITY shall be equipped with watertight bodies, enclosed or provide a cover that shall be securely placed over the entire load when the vehicle is in motion to prevent spilling or blowing of any part of the load. GRANTEE shall at all times keep Bins and roll -off drop boxes, and lids in good, clean, and sanitary condition to protect public health and prevent the spread of vectors. GRANTEE shall maintain all bins, carts, and roll -off containers free from tagging and graffiti. Bins, Carts, Roll -offs or other Containers shall be removed from the service locations when being cleaned or repaired. Bins and roll -off drop boxes used for putrescible waste materials shall be steam cleaned no less than once per year, or more often if necessary to protect public health and prevent the spread of vectors. GRANTEE shall provide bins on casters and /or hasps or locks upon request by the customer at rates in Exhibit G, Service Fee Schedule. a. All vehicles, Bins and roll -off drop boxes shall be kept clean and in good repair. All vehicles shall be thoroughly cleaned by washing both inside and out, not less than once weekly. b. Each vehicle used for collecting, transporting, or disposing of Solid Waste shall be equipped with an audible warning device that is activated when the vehicle is backing up. c. All vehicles and equipment shall be maintained at all times in a manner to prevent unnecessary noise during its operation. d. All vehicles shall be inspected and certified in accordance with California motor vehicle standards. All vehicles must meet all State and Federal safety requirements and shall comply with all applicable Federal, State, and County statutes, laws, and ordinances. The reporting requirements of "Exhibit E Reports" of this Agreement apply to this Exhibit. e. No vehicle used for the collection of Solid Waste shall be loaded in excess of the manufacturer's gross vehicle weight rating or in excess of the maximum weight specified by the California Vehicle Code, whichever is less. September 4, 2002 61 Exhibit E REPORTS DATED OCTOBER 1, 2002 1. Failure to Report. The refusal, failure, or neglect of GRANTEE to file any of the reports required, or the inclusion of any materially false or misleading statement or representation made knowingly by GRANTEE in such report shall be deemed a material breach of the Agreement, and shall subject GRANTEE to all remedies, legal or equitable, which are available to the CITY under the Agreement or otherwise. Reports which are submitted after 30 calendar days following the end of each quarter shall be subject to a fee of up to $200 per day (except to the extent that such delay is due to extenuating circumstances or is attributable to CITY requested changes). 2. Adverse Information GRANTEE shall provide CITY copies of all reports submitted by GRANTEE to the EPA, OSHA, the California Integrated Waste Management Board, Local Enforcement Agency, or any other Federal, State, or County agency. Copies shall be submitted to CITY simultaneously with GRANTEE'S filing of such matters with said agencies. GRANTEE'S routine correspondence to said agencies need not be automatically submitted to CITY, but shall be made available to CITY upon written request. A. GRANTEE, and each of them shall submit to CITY copies of all pleadings, applications, notifications, communications, and all decisions, correspondence, notices of violation ( "NOVs "), and actions by, any Federal and State courts, regulatory agencies, including Local Enforcement Agencies, California Unified Program Agencies ( "CUPA's "), the California Highway Patrol ( "CHP "), and other government bodies relating specifically to GRANTEE'S performance of services and the safety of equipment utilized by GRANTEE to discharge GRANTEE's duties pursuant to this Agreement. B. GRANTEE 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 to assess GRANTEE's compliance with its obligations under this Agreement. C. All reports and records required under this or any other section shall be furnished at the sole expense of GRANTEE. D. A copy of each of GRANTEE'S annual and other periodic public financial reports or those of its parent, subsidiary, and affiliated corporation and other entities, as the CITY requests, shall be submitted to the CITY within thirty (30) days after receipt of a request. E. GRANTEE shall make available to phe CITY for examination the records maintained pursuant to this Agreement as may be necessary to assist the CITY in meeting its obligations under the Act, or as amended. Designated City representatives shall have the right to inspect or review records or reports of GRANTEE reasonably necessary to evaluate annual reports, rate review applications and GRANTEE's performance provided for in this Agreement. 3. Annual Reports. The CITY may conduct an annual review in order to evaluate the level and quality of services provided by GRANTEE and to review existing rates and charges. GRANTEE shall provide a year -end annual report to the CITY on or before January 31 of each year. The Annual Report shall include the following: A. Discussion of education and publicity efforts and their results; B. Relevant evidence based on the formula, in Exhibit H, to determine the annual rate adjustment; C. The names, titles, and addresses of the owners, officers, directors and stockholders of GRANTEE. A list of stockholders or other equity investors holding five percent (50) or more of the voting interest in GRANTEE and any subsidiaries unless GRANTEE is a public corporation whose annual reports are publicly available. In the case of a public corporation, a copy of the annual report shall be provided to the City Manager as soon as it is available to the public; D. A description of all traffic citations received in the past year; E. A list of each vehicle in GRANTEE'S fleet operated in the CITY, including age, make, model of each cab and chassis, license plate number, vehicle identification number, and type of service vehicle performs; F. Total number of Commercial Premises within GRANTEE'S Franchise Area, and Commercial Premises that do not subscribe to service; G. A year -end report, in a form satisfactory to the September 4, 2002 63 CITY, on the CITY'S progress in meeting and maintaining its ability to meet its goals under AB 939, along with any recommended changes. 4. Quarterly Reports. Forty -five (45) days after the close of each fiscal quarter, GRANTEE shall submit a written quarterly report, in a form approved by the CITY, including, but not limited to, the following information: A. By a methodology to be mutually agreed upon by the CITY and GRANTEE, weight or volume of Commercial Solid Waste, including Discards, Bulky Items, source separated Yard Trimmings and source separated Recyclable Solid Waste collected from Franchise Area. B. A copy of all landfill invoices for Commercial Solid Waste disposal pursuant to this Agreement. C. Setout and participation rates for recycling programs. D. Weight and other pertinent information regarding special collection programs during the quarter (community events, newspaper and cardboard collection bins, telephone book collection programs, etc.). E. Hazardous Waste or Medical Waste inadvertently collected during the quarter, including customer address (if known), quantity and type of material, and final disposition of Hazardous Waste. F. Summary report of Customer complaint logs in a format acceptable to the CITY. G. A report, in a form satisfactory to the CITY, on the CITY'S progress in meeting and maintaining its ability to meet its goals under AB 939, along with any recommended changes. H. A list of all lost, stolen or damaged recycling receptacles replaced by GRANTEE, including the address to which each replacement receptacle is delivered. I. A unique list of non - subscribing addresses and accounts, cut -off accounts, and new accounts to assist CITY in its enforcement of the Contract and Payment for Solid Waste Collection Services and September 4, 2002 64 related provisions of Title 8, Chapter 36. This list shall include all pertinent customer and situs information, including customer name, site address, customer telephone number, and if different the billing name address, telephone number and property owner's name; and any other information that GRANTEE may possess that may assist the City in enforcing Title 8, Chapter 36. Non - subscribing addresses not subject to enforcement of the Refuse Collection provision of Title 8, Chapter 3, such as valid exemptions issued by the City, shall be submitted in a separate list(s) with the reason the account is not subject to enforcement indicated. J. Items not listed in A through I above may be requested by CITY upon thirty (30) days written notice to GRANTEE for inclusion in any subsequent quarterly report, as reasonably necessary to assess GRANTEE's compliance with its obligations under this Agreement. 5. Monthlv Reports. GRANTEE shall submit monthly within fifteen (15) calendar days frc period being reported. At a minimum, separately identify residential and information as designated by the City not be limited to: reports that shall be due m the end of the monthly the monthly reports shall commercial solid waste Manager and include, but A. A list of non - subscribing accounts, cut -off accounts, and new accounts to assist CITY in its enforcement of the Mandatory Refuse Collection provision of Title 8, Chapter 36. B. A revenue statement, setting forth monthly Franchise Fees, and the basis for the calculation thereof, certified by an officer of GRANTEE; and C. All information required by the County of Ventura and the Ventura Council of Governments (VCOG) for planning purposes. D. Summaries of collection activity on Disposal, Diversion, and participation in programs that is acceptable to the City. September 4, 2002 65 Exhibit F SPECIAL WASTES DATED OCTOBER 1, 2002 GRANTEE shall not collect Hazardous Waste or Special Waste not defined as Universal Waste. For the purposes of GRANTEE providing collection, transportation, disposal, recycling and roll -off drop box services for Special Wastes, as specified in Section 14, the following shall constitute the definition of special wastes: Containerized waste (e.g., a drum, barrel, portable tank, box, pail, etc.). Waste transported in a bulk tanker. Liquid waste. Sewage sludge. Waste from a pollution control process. Residue and debris from the cleanup of a spill or release of non - hazardous commercial products. Dead animals. Waste water. Other items as mutually agreed upon in writing. In performing the services under this Agreement, GRANTEE shall comply with all federal, state and local laws, regulations and ordinances applicable to the services provided pursuant to this Agreement. With respect to Universal Waste, GRANTEE shall provide the CITY with a written report in a form prescribed by the CITY that describes the current methods by which GRANTEE collects, transports, handles, stores, recycles, and disposes of Universal Waste. These methods shall conform to all federal and state regulations that are applicable to Universal Waste. Exhibit G SERVICE FEE SCHEDULE DATED OCTOBER 1, 2002 MOORPARK SOLID WASTE SERVICE FEE Schedule of Maximum Rates Which May Be Charged January 1, 2003 Exhibit H RATE ADJUSTMENT SCHEDULE DATED OCTOBER 1, 2002 1. Annual Consumer Price Index (CPI) and Tippinq Fee Adjustment. The ceiling on rates in Exhibit "G" shall be automatically adjusted to reflect changes in the consumer price index and landfill fees. The adjustment shall be effective as of the first day of January of each calendar year. The CPI adjustment shall be equal to the amount derived by multiplying the previous Hauler Rate times the percentage increase or decrease in the Consumer Price Index for all urban consumers within the Los Angeles metropolitan area during the prior calendar year, excluding the housing component. The "Hauler Rate" means the existing rate less Franchise Fee and AB 939 Fee. The comparison shall be made using the month of July of each year and shall be effective each January 1st thereafter. As of July 1, 2002, the posted landfill tipping fee is $39.27 per ton. The first rate adjustment shall occur January 1, 2003 as authorized by applying the terms of this Agreement. The landfill tipping fee adjustment shall be effective at the start of the first full billing period after the landfill tipping fee is adjusted. The formulas for the annual CPI and Landfill Tipping Fee Adjustments are as follows: (1) CPI Formula: Hauler Rate x (86o x CPI) (2) Landfill Tipping Fee Formula: (a) For the purposes of rate calculation, it is agreed that the landfill tipping fee adjustment rate will be at the basis of one hundred pounds (100 lbs.) per cubic yard of container service volume provided. To determine the monthly landfill rate adjustment for various bin sizes and service level, the formula can also be expressed as =SUM (tip fee change * (container CY * weekly pickups * 4.33 * .05) . For example, with a $0.92 increase in the posted landfill rate, a three cubic yard bin picked up once per week would have its landfill adjustment calculated as follows: =SUM (0.92 *(3 *1 *4.33 *.05) = $0.60 per month increase. A three -yard bin picked twice per week would have a $1.20 per month increase, etc. Notes: 4.33 represents the average number of weekday occurrence per month (52/12 = 4.33); .05 is 10012000 (the weight of a typical uncompacted cubic yard of discards) divided by 2000, or one ton. 2. CIWMP FEES County Integrated Waste Manage imposed by the County shall be ratepayer as directed by CITY. shall also be passed through directed by CITY. As of July 1, per ton. 3. Extraordinary Costs ment Program (CIWMP) fees passed through to CITY or Any CIWMP fee decreases to CITY or ratepayer as 2002, the CIWMP fee is 50C A. In addition to, and not in lieu of, the annual CPI adjustment GRANTEE shall also be entitled to rate increases or decreases in an amount equal to GRANTEE'S extraordinary increases or decreases in its cost of collection. GRANTEE'S IPC processing fees, now or later imposed, shall neither be levied on CITY nor added to the rates in Exhibit G. In addition, any fees imposed on GRANTEE by another local public agency related to the disposal, processing, transportation, or use of public infrastructure in the form of a fee or other consideration shall neither be levied on CITY or any customer nor added to the rates in Exhibit G without the approval of CITY. Such extraordinary increases or decreases in the cost of collection may include, by way of example and not by way of limitation: (1) a change in the location of the landfill or other lawful disposal sites to which GRANTEE is required to transport Solid Waste collected hereunder; (2) changes in the local, State or Federal laws governing temporary bin and roll off drop box services and collection, separation, transportation, recycling, composting, or disposal of Solid Waste; (3) new or increased taxes, fees or charges on the collection, recycling or disposal of Sollid Waste; or (4) Change in Law. Any additional special fees associated with special or mandated CITY programs in excess of those required in the Agreement shall be authorized by the City Council which shall consider a supplemental rate adjustment. B. Services and rates not listed in this Exhibit shall be considered an unauthorized level of service and rate and shall not be provided or levied within the CITY limits of the City of Moorpark. Such services and proposed rates shall be brought to the attention of the City Manager for evaluation and disposition. (1) Senior citizen and Super Recycler rate. The Council shall approve by resolution, at the time of the annual rate review, the percentage change in rates for senior citizen heads of household, sixty -two (62) years of age and older and Super Recycler rate. The percentage, which shall be comparable September 4, 2002 71 to the percentage adjustment, authorized for all other customers. (2) Special fees. GRANTEE may, in addition to a monthly charge for Solid Waste services, charge an additional fee for accounts in arrears ninety (90) days or more, at which time GRANTEE may require a deposit from a customer equal to the cost of ninety (90) days of service before renewing or continuing to provide service. Such deposit shall be refundable and shall not replace or reduce any past due amounts or late charges owed which may be required to be paid in full at the same time a deposit is paid. (3) Rate Review. GRANTEE shall pay to City actual City staff costs for staff time spent processing annual rate reviews, but not to exceed twenty (20) hours annually. September 4, 2002 72 Exhibit I INTEGRATED WASTE MANAGEMENT ACT TOPICS DATED OCTOBER 1, 2002 1. GRANTEE will collect and pass through to CITY a CITY AB 939 Waste Management Franchise Fee on a monthly basis as describe for the submittal of Franchise Fees in Section 14. The Fee, identified in Exhibit G (Service Fee Schedule) shall be set and adjusted at the sole discretion of CITY. 2. GRANTEE will conduct waste sorts and waste characterization studies, mutually acceptable to GRANTEE and City Manager, for CITY planning monitoring purposes. 3. GRANTEE shall take all steps necessary, at its own expense, to reduce the waste stream collected under this Agreement and to divert Solid Waste from ultimate disposal in landfills or transformation facilities. As long as CITY determines, landfill diversion for recyclables, Yard Trimmings, clean wood waste, and horse manure exists, GRANTEE warrants that these source - separated wastes collected pursuant to this Agreement shall not be disposed of in a landfill. Disposal of these source - separated wastes in a landfill shall be deemed a material breach of contract and is cause for termination of this Agreement and revocation of the franchise. 4. Prior to instituting any waste reduction or recycling program initiated by GRANTEE, GRANTEE shall first submit the program to the City Manager for approval. GRANTEE shall not initiate the program without City Manager's approval. 5. GRANTEE agrees that it will undertake reasonable efforts to achieve a 50% diversion level for the waste stream within its Franchise Area collected under this Agreement and the Commercial Agreement, and to maximize diversion in accordance with the terms and conditions of this Agreement. CITY, at its own expense, shall be responsible for implementing the public education and awareness portions of the Source Reduction Recycling Element, as it may be amended hereafter. GRANTEE shall use best efforts to maximize the amount of Solid Waste diverted from landfills. Should the City not meet the diversion requirements of AB 939 for its entire waste stream, and if the City determines that GRANTEE has not undertaken reasonable efforts to maximize diversion, GRANTEE agrees to undertake reasonable efforts to implement programs necessary for the City to maximize diversion at GRANTEE's sole cost and expense. 7. The failure of GRANTEE to comply with any of the above shall be deemed a material breach of this Agreement. EXHIBIT J GUARANTY DATED OCTOBER 1, 2002 This GUARANTY (the "Guaranty ") is made as of , 2002, by Charles Anderson And Sea /Sue Inc., A General Partnership, Doing Business As Moorpark Rubbish Disposal _ ( "Guarantor "), the address of which is 4590 Industrial Street, Simi Valley, CA 93062, California, in favor of the City of Moorpark, a municipal corporation (the "City ") , the address of which is 799 Moorpark Avenue, Moorpark, California 93021, Attn.: City Manager. 1. Recitals. This Guaranty is made with respect to the following facts and circumstances: (a) The City and Charles Anderson And Sea /Sue Inc., A General Partnership, Doing Business As Moorpark Rubbish Disposal (collectively, "GRANTEE ") have entered into a FRANCHISE AGREEMENT BETWEEN THE CITY OF MOORPARK And Charles Anderson And Sea /Sue Inc., A General Partnership, Doing Business As Moorpark Rubbish Disposal FOR PROVIDING RESIDENTIAL, MULTI - FAMILY, AND COMMERCIAL SOLID WASTE SERVICES dated for reference purposes October 1, 2002. (b) The City would not enter into the Agreement with GRANTEE unless the Guarantor agreed to guarantee the obligations of GRANTEE under the Agreement as provided in this Guaranty, and the Guarantor, as a material inducement and consideration to the City to enter into the Agreement, is willing to execute and deliver this Guaranty and to agree to and be bound by its terms. 2. Guaranty. 2.1. Guaranty of Obligations. The Guarantor unconditionally, absolutely and irrevocably guarantees to the City to cause the full, prompt and complete payment and performance when due of all indebtedness and obligations of GRANTEE to the City under the Agreement, including, without limitation, all obligations of indemnity on the part of GRANTEE under the Agreement. 2.2. Guaranty of Payment. The liability of the Guarantor on this Guaranty is a guaranty of payment and performance and not of collectibility, and is not conditional or contingent on the genuineness, validity, regularity or enforceability of the Agreement or the pursuit by the City of any remedies that it now has or may hereafter have with respect to the Agreement. 2.3. Continuing Guaranty. This Guaranty is a continuing guaranty of the indebtedness and obligations of GRANTEE under the Agreement, including any and all such indebtedness and obligations which are renewed, extended, compromised, or restructured from time to time. 2.4. Independent Obligations. The Guarantor agrees that it is directly and primarily liable to the City, that the Guarantor's obligations hereunder are independent of the indebtedness and the obligations of GRANTEE under the Agreement, and that a separate action or actions may be brought and prosecuted against the Guarantor, whether or not action is brought against GRANTEE or whether or not GRANTEE is joined in any such action or actions. 3. Consents by Guarantor. 3.1. Consents. The Guarantor hereby authorizes the City, without notice or demand and without affecting the Guarantor's liability hereunder, from time to time to: 3.1.1. Changes in Terms. Renew, compromise, extend, accept partial payments, accelerate or restructure the indebtedness and obligations of GRANTEE under the Agreement or otherwise change the time for payment or the terms of any such indebtedness or obligations, or any part thereof. 3.1.2. Amendment of Agreement. Waive, amend, rescind, modify or otherwise change any of the terms or provisions of the Agreement. 3.1.3. Liquidation of Guaranteed Obligations. Settle, release, compromise, collect or otherwise liquidate any of the indebtedness or obligations of GRANTEE under the Agreement, or any part thereof, and any security or collateral therefor in any manner as the City may determine in its sole and absolute discretion. 3.1.4. Collateral. Take and hold collateral to secure the payment and performance of the indebtedness and obligations of GRANTEE under the Agreement and exchange, enforce, waive and release any such collateral, and apply such collateral and direct the order or manner of sale thereof as the City in its sole and absolute discretion may determine. 3.1.5. Releases. Release or substitute any one or more endorsers or other guarantors. September 4, 2002 75 3.2. Non - Release of Guarantor. The Guarantor agrees that the City may do any or all of the matters specified in Section 3.1 in such manner, upon such terms, and at such times, as the City, in its sole and absolute discretion, deems advisable, without, in any way or respect, impairing, affecting, reducing or releasing the Guarantor from its undertakings hereunder and the Guarantor hereby consents to each and all of the matters specified in Section 3.1. 4. Waivers. 4.1. Defenses. The Guarantor hereby waives any right to assert against the City as a defense, counterclaim, setoff or cross - claim, any defense (legal or equitable), counterclaim, setoff or cross -claim which the Guarantor may now or at any time hereafter have under applicable law, rule, arrangement or relationship against GRANTEE. 4.2. Presentment, Demand and Notice. The Guarantor waives all presentments, demands for performance, notices of nonperformance, protests, notices of protests, notices of dishonor, notices of default, notice of acceptance of this Guaranty, diligence and notices of the existence, creation or incurrence of the indebtedness and obligations of GRANTEE under the Agreement or of new or additional indebtedness or obligations of GRANTEE incurred or created after the date of this Guaranty, and all other demands, notices or formalities of whatsoever kind to which the Guarantor may be entitled under applicable law. 4.3. Remedies Against GRANTEE. As a condition to payment or performance by the Guarantor under this Guaranty, the City shall not be required to, and the Guarantor hereby waives any and all rights to require the City to, prosecute or seek to enforce any remedies against GRANTEE or any other party liable to the City on account of the indebtedness and obligations of GRANTEE under the Agreement or to require the City to seek to enforce or resort to any remedies with respect to any security interests, liens or encumbrances granted to the City by GRANTEE or any other party on account of the indebtedness and obligations of GRANTEE under the Agreement. 4.4. Subrogation Rights. Until all the terms, covenants and conditions of the Agreement on GRANTEE's part to be performed and observed are fully performed and observed, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity or contribution against GRANTEE by reason of any payments or acts of performance by the Guarantor in compliance September 4, 2002 76 with the obligations of the Guarantor under this Guaranty; provided that, notwithstanding the foregoing, the Guarantor shall have no right of subrogation, reimbursement, exoneration, indemnity, contribution or any other rights that would result in the Guarantor being deemed a creditor of GRANTEE under the Federal Bankruptcy Code, and the Guarantor irrevocably waives all such rights and the right to assert any such rights. 5. Waiver of Suretyship Defenses; Antideficiency Legislation. The Guarantor agrees that nothing contained in this Guaranty shall prevent the City from suing on the Agreement or from exercising any other rights available to it under the Agreement, and that the exercise of any of these rights shall not constitute a legal or equitable discharge of the Guarantor. The Guarantor understands that the exercise by the City of certain rights and remedies contained in the Agreement may affect or eliminate the Guarantor's right of subrogation against GRANTEE and that the Guarantor may therefore succeed to a partially or totally non - reimbursable liability hereunder. Nevertheless, the Guarantor hereby authorizes and empowers the City to exercise, in its sole and absolute discretion, any rights and remedies, or any combination of rights and remedies, that may then be available, since it is the intent and purpose of the Guarantor that the obligations hereunder shall be absolute, independent and unconditional under any and all circumstances. Without limiting the generality of the foregoing, the Guarantor expressly waives any and all benefits under California Civil Code §§ 2809, 2810, 2819, 2845, 2849, 2850 and 2855, and California Code of Civil Procedure §§ 580a, 580b, 580d and 726. 6. Bankruptcy. 6.1. Liability of Guarantor Unaffected. The liability of the Guarantor under this Guaranty shall in no way be affected by: the release or discharge of GRANTEE in any creditor proceeding, receivership, bankruptcy or other proceeding; the impairment, limitation or modification of the liability of GRANTEE or the estate of GRANTEE, or any remedy for the enforcement of GRANTEE's liability, resulting from the operation of any present or future provision of the Federal Bankruptcy Code or any bankruptcy, insolvency, debtor relief statute (state or federal), or any other statute, or from the decision of any court, the rejection or disaffirmance of the indebtedness or obligations of GRANTEE under the Agreement, or any portion thereof, in any such proceeding; or the cessation, from any cause whatsoever, whether consensual or by operation of law, of the liability of GRANTEE to the City. September 4, 2002 77 7. Termination of Guaranty. The Guarantor's obligations under this Guaranty shall continue in full force and effect and this Guaranty shall not terminate until the indebtedness and obligations of GRANTEE under the Agreement are fully paid, performed and discharged and the City gives the Guarantor written notice of that fact. The indebtedness and obligations of GRANTEE under the Agreement shall not be considered fully paid, performed and discharged unless and until all payments by GRANTEE to the City are no longer subject to any right on the part of any person, including, without limitation, GRANTEE, GRANTEE as debtor -in- possession, or any trustee or receiver in bankruptcy, to set aside such payments or seek to recoup the amount of such payments, or any part thereof. The foregoing shall include, without limitation, all rights to recover preferences voidable under the federal Bankruptcy Code. In the event that any such payments by GRANTEE to the City are set aside after the making thereof, in whole or in part, or settled without litigation, to the extent of any such settlement, all of which is within the City's sole and absolute discretion, the Guarantor shall be liable for the full amount the City is required to repay plus costs, interest, attorneys' fees and any and all expenses which the City paid or incurred in connection therewith. The Guarantor shall continue to be liable under the terms of this Guaranty notwithstanding the transfer by GRANTEE of all or any portion of the property encumbered by the Agreement. 8. Other Provisions. 8.1. Expenses. The Guarantor agrees to pay all attorneys' fees and all other costs and expenses which may be incurred by the City in the enforcement or collection of this Guaranty and the indebtedness and obligations of GRANTEE under the Agreement, whether or not suit is filed. 8.2. Interest. All amounts required to be paid to the City by the Guarantor pursuant to the provisions of this Guaranty (including, without limitation, pursuant to Section 2 and 8.1 hereof) shall bear interest from the date upon which such amounts are due to the date of payment thereof at the highest rate permitted by law. All payments of such amounts by the Guarantor shall include any such accrued interest. 8.3. Governing Law. The validity, construction and performance of this Guarantee shall be governed by the laws, without regard to the laws as to choice or conflict of laws, of the State of California. 8.4. Entire Agreement. This Guaranty embodies the entire September 4, 2002 78 agreement and understanding between the City and the Guarantor pertaining to the subject matter of this Guaranty, and supersedes all prior agreements, understandings, negotiations, representations and discussions, whether verbal or written, of such parties, pertaining to that subject matter. 8.5. Assignment; Binding Effect. Neither this Guaranty nor any rights or obligations under this Guaranty may be assigned by the Guarantor without the prior written consent of the City. Subject to the foregoing, the provisions of this Guaranty shall bind and inure to the benefit of the City and the Guarantor and their respective heirs, executors, personal representatives, successors and assigns. 8.6. Notices. Whenever the City or the Guarantor desire or are required to give any notice, demand or request with respect to this Guaranty, each such communication shall be in writing and shall be given by personal service or mailed by Certified Mail, postage prepaid, return receipt requested, addressed as set forth in the first paragraph of this Guaranty. Such communications sent shall be effectively given when they are received by the addressee thereof, but if sent by Certified Mail, they shall be effectively given three (3) days after being deposited in the United States Mail. The City and the Guarantor may change their respective address for such communications by giving notice to the other in conformity with this Section. 8.7. Amendment and Waiver. This Guaranty may not be amended, modified or supplemented except by a writing duly executed by the Guarantor and a duly authorized officer of the City. No provision of this Guaranty or right of the City under this Guaranty can be waived except by a writing duly executed by a duly authorized officer of the City. No waiver by the City of a breach of any provision of this Guaranty shall be construed as a waiver of any subsequent or different breach, and no forbearance by the City to seek a remedy for noncompliance or breach by the Guarantor shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach. 8.8. Time. Time is of the essence with respect to each provision of this Guaranty. 8.9. Severability. The invalidity or unenforceability of any particular provision of this Guaranty shall not affect the other provisions, and this Guaranty shall be construed in all respects as if any invalid or unenforceable provision were omitted. September 4, 2002 79 8.10. Further Action. The Guarantor agrees to perform any further acts and to execute and deliver any other documents which may be necessary in the opinion of the City to effect the provisions of this Guaranty. 8.11. Headings. The section and other headings contained in this Guaranty are for reference purposes only and shall not affect in any way the meaning or interpretation of this Guaranty. IN WITNESS WHEREOF, the Guarantor, intending to be bound, has executed this Guaranty as of the year and date first above written. CHARLES ANDERSON, DOING BUSINESS AS MOORPARK RUBBISH DISPOSAL Its ma Its State of , County of , ss. On this day of in the year before me , personally appeared CHARLES ANDERSON, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to this instrument and acknowledged that he (she or they) executed it. SIGNED September 4, 2002 80 4 ITEM I MINUTES OF THE CITY COUNCIL Moorpark, California August 27, 2002 A Special Meeting of the City Council of the City of Moorpark was held on August 27, 2Q02, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Hunter called the meeting to order at 6:26 p.m. 2. ROLL CALL: Present: Councilmembers Mikos and Wozniak, and Mayor Hunter. Absent: Councilmembers Harper (arrived at 6:35 p.m.) and Millhouse. Staff Present: Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Ken Gilbert, Public Works Director; Mary Lindley, Community Services Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Planning and Sponsoring a Community Event to Commemorate the September 11 Terrorist Attacks on the United States. Staff Recommendation: Direct staff as deemed appropriate. Mr. Riley gave the staff report. Mayor Hunter suggested lowering the flag to half mast all day on September 11 and turning off the lights at all City offices for two minutes beginning at 8:30 a.m. on that day. Minutes of the City Council Moorpark, California Page 2 August 27, 2002 Councilmember Wozniak requested that the military also be acknowledged in any proclamation prepared in recognition of September 11. AT THIS POINT in the meeting, Councilmember Harper arrived, and Mayor Hunter recessed the meeting until after the Special Joint Meeting of the City Council and Moorpark Unified School District Board of Education. The time was 6:35 p.m. The Special City Council meeting reconvened at 8:30 p.m. Present were Councilmembers Harper, Mikos, Wozniak, and Mayor Hunter; Steven Kueny, City Manager; Hugh Riley, Assistant City Manager; Mary Lindley, Community Services Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. Councilmember Harper questioned whether a recognition event should be scheduled for September 11. Councilmember Mikos stated that the City should not schedule an event that would conflict with events already planned such as at the Reagan Library. Councilmember Wozniak stated he did not prefer a separate City ceremony. Mr. Riley discussed the plaque already approved by the Council to be installed at the fountain site at the corner of Tierra Rejada Road and Mountain Trail Street. Mayor Hunter reiterated his previous suggestion. CONSENSUS: By consensus, the Council directed Staff to schedule consideration of a proclamation for the September 4, 2002 regular meeting, at which time the Mayor would announce the September 11 recognition plans, including the plaque to be installed, flags at City facilities to be flown at half mast, and lights to be turned off for two minutes at all City office buildings on the morning of September 11. Minutes of the City Council Moorpark, California Page 3 August 27, 2002 S. ADJOURNMENT: Mayor Hunter adjourned the meeting at 8:55 p.m. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt City Clerk �4 �: t,.1...`.� PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 08/21/02 CITY OF MOORPARK, CA VENCHK21 TIME: 16:20:58 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110375 1101 08/21/02 1070 BONTERRA CONSULTING CORP 2751 NORTH PRK SPECIFIC PL 128,926.55 110375 1101 08/21/02 1070 BONTERRA CONSULTING CORP 2734 NORTH PRK ADMIN FEE 19,338.98 110375 1101 08/21/02 1070 BONTERRA CONSULTING CORP 3806 NORTH PRK ADMIN REVEN - 19,338.98 TOTAL CHECK 128,926.55 110376 1101 08/21/02 3036 C.D.W. GOVERNMENT, INC. 9201 KINGSTON 2GB KIT 1,179.75 110377 1101 08/21/02 1114 CATHOLIC CHARITIES 9102 CASE WORKER SALARY 2,384.25 110378 1120 CHARLES ABBOTT ASSOCIATES VOID: MULTI STUB CHECK 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 6 /02CITY ENGIN 347.62 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.305- 5 /02USA PROPER 956.75 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 3806 91.305- 5 /02USA PROPER - 143.51 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.073- 6 /02ACCESS RD 100.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2734 91.305- 5 /02USA PROPER 143.51 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2734 91.501- 5 /02SHARMA,IPD 42.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2734 91.304- 5 /02USA PROPER 109.24 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.501- 6 /02SHARMA,IPD 19.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 3806 91.501- 5 /02SHARMA,IPD -42.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 3806 91.304- 5 /02USA PROPER - 109.24 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.501- 5 /02SHARMA,IPD 280.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.530- 6/02SR23 BYPAS 150.60 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9601 92.030- 6 /02YR 02 OVER 133.13 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 6 /02CITY ENGIN 347.63 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.307- 6 /02LENNAR HOM 849.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9157 81.003- 6 /02ENCROACHME 1,380.40 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 89.055- 6 /02PEACH HILL 657.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.370- 6 /02MORRISON 19.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.421- 6 /02PCH HILL 85.25 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.291- 6 /02DONALD HAR 696.20 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.402- 6 /02CARD SRVCS 78.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.470- 6 /02MTN MEADOW 875.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.171- 6 /02DON HOLMES 19.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.200- 6 /02RJR ENGINE 265.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9153 81.001- 6 /02CITY ENGIN 2,085.75 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9601 83.420- 6 /02LA AVE EAS 5.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.424- 6 /02ARCHSTONE 566.03 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.020 -6/02 6717 ASPE 350.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.150- 6 /02INTRA NEXT 19.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.345- 6 /02PAC COMMUN 112.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.500- 6 /02SHARMA,IPD 19.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.302- 6 /02USA PROPER 1,046.60 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.241 -6/02D MOOREHEA 302.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.150- 6 /02SELF STORA 131.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.304- 5 /02USA PROPER 728.25 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 90.020- 6 /02CYPRESS LA 262.25 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.160- 6 /02WM LYON HO 480.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.041- 6 /02SHEA HOMES 9.75 �+ 110379 \ 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 86.373- 6 /02MORRISON -S 480.25 110379 �.: 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.017- 6 /02DRC -LA AVE 29.25 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.428- 6 /02ARCHSTONE 19.50 110379 (,•' 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.426- 6 /02ARCHSTONE 24.50 110379 >^ 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.261- 6 /02MPK 150,LL 38.15 110379 j ., 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.035- 6 /02KAUFMAN 226.50 110379 f 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.305- 6 /02USA PROPER 19.50 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 2 DATE: 08/21/02 CITY OF MOORPARK, CA VENCHK21 TIME: 16:20:58 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION - - - - - -- AMOUNT 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.383- 6 /02ADELPHIA 924.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9601 92.140- 6 /02RAMPS AT T 39.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.309- 6 /02WM LYON HO 1,353.25 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9103 92.016- 6 /02STEVE MCCO 68.25 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.341- 6 /02TAILLON 13.65 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.322- 6 /02LENNAR HOM 437.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.336- 6 /02LENNAR HOM 222.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.520- 6 /02MILLER PRK 20.04 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.180- 6 /02DAVID IWAN 102.20 110379 1101 06/21/02 1120 CHARLES ABBOTT ASSOCIATES 9601 92.030- 6/02 -02 OVERLA 26,298.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9103 91.109- 6 /02CCI TELECO 19.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9601 92.040- 6/02 -02 SLURRY 917.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.304- 6 /02USA PROPER 248.61 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 84.246- 6 /02CNTRY CLUB 14,433.36 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.203- 6 /02DALY & ASC 19.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.337- 6 /02ZELMAN DEV 880.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 88.333- 6 /02TRI CITY 810.75 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.338- 6 /02ZELMAN DEV 3,345.75 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 87.328- 6 /02LENNAR HOM 345.50 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9601 91.520- 6 /02MILLER PRK 39.00 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 91.381- 6 /02ADELPHIA 414.75 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 2711 92.172 -6/02 DON HOLME 51.38 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 1308 8/02 LOAN PAYMENT - 12,543.34 110379 1101 08/21/02 1120 CHARLES ABBOTT ASSOCIATES 9154 81.002- 6 /02TRAFFIC EN 439.00 TOTAL CHECK 53,116.01 110380 1101 08/21/02 3186 CITY OF CAMARILLO 9102 4- 6 /02HHW EVENT 1,368.00 110381 1101 08/21/02 2884 COMPAQ 9201 COMPAQ PROLIANT ML380 G2 166.24 110381 1101 08/21/02 2884 COMPAQ 9201 COMPAQ 225012 -B21 REDUNDA 126.55 110381 1101 08/21/02 2884 COMPAQ 9201 COMPAQ 36.4GB WIDE ULTRA3 2,672.67 110381 1101 08/21/02 2884 COMPAQ 9201 COMPAQ PROLIANT DL380 G2 817.24 TOTAL CHECK 3,782.70 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9205 VECTOR BOOKCASE 183.10 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 C MGR OFFICE SUPP CRD -7.83 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 REDEVELOP OFFICE SUPP 42.51 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 REDEVELOP OFFICE SUPP 44.40 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 C CLERK OFFICE SUPP 88.32 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 C CLERK OFFICE SUP CR -4.79 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 C CLERK OFFICE SUPP 23.57 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 CITY HALL OFFICE SUPP 26.19 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 CITY HALL OFFICE SUPP 93.69 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9203 CITY HALL PAPER SUPP 37.92 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 C MGR OFFICE SUPP 73.01 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9203 CITY HALL PAPER SUPP 144.73 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 MPK PD OFFICE SUPP 487.45 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM DEV OFFICE SUPP 140.73 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM DEV OFFICE SUPP 22.31 110382 �`, 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM DEV OFFICE SUPP 346.73 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM DEV OFFICE SUPP - 169.76 110382 "1 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 CITY HALL OFFICE SUPP - 165.55 110382 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM SRVC OFFICE SUPP 27.79 110382; = 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 PARKS OFFICE SUPP 21.02 1103821 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM SRVC OFFICE SUPP 359.89 TOTAL CHECK 1,815.43 i PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 3 DATE: 08/21/02 CITY OF MOORPARK, CA VENCHK21 TIME: 16:20:58 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110383 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9102 6 /02MPK BEACH BUS TRI 1,475.53 110384 1101 08/21/02 2217 PACIFIC RELOCATION CONSUL 9103 6 /02PROP MGMNT 19UNIT 1,330.00 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2752 USA HOMES -PARK CREST 162.50 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 9103 5 /02LANDSCAPE DESIGN 682.50 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 3806 CARD SRVCS ADMIN REVE -26.81 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 9103 CALLEGUAS MUNICIPAL 195.00 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 3806 ARCHSTONE ADMIN REVEN - 121.88 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2734 CARD SRVCS ADMIN FEE 26.81 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2734 ARCHSTONE ADMIN FEE 121.88 110385 1101 06/21/02 2968 PROFESSIONAL DESIGN ASSOC 2752 5 /02PARDEE HOMES 520.00 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2734 PARDEE ADMIN FEE 78.00 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 3806 PARDEE ADMIN REV -78.00 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2752 5 /02WLM LYONS HOMES 292.50 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2734 WLM LYON ADMIN FEE 43.88 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2752 5 /02ARCHSTONE APTS 812.50 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 3806 WLM LYON ADMIN REVENU -43.88 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2752 5 /02CARD SRVCS 178.75 110385 1101 06/21/02 2968 PROFESSIONAL DESIGN ASSOC 2734 USA HOMES ADMIN FEE 24.38 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 3806 USA HOMES ADMIN REVEN -24.38 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 3806 LENNAR /CARLS ADMIN RE -24.38 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2752 5 /02TOLL BROS ESTATES 1,690.00 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2734 LENNAR /CARLS ADMIN FE 24.38 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2734 TOLL BROS ADMIN FEE 253.50 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 3806 TOLL BROS ADMIN REVEN - 253.50 110385 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 2752 5 /02LENNAR COMM /CARLS 162.50 TOTAL CHECK 4,696.25 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11MPK MOBILEHO 444.47 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11COUNTRY TRAI 13.16 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11TIERRA REJAD 142.70 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11- 7 /11MTN MEADOWS 220.70 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11GLENWOOD PRK 35.74 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11CAMPUS CYN 30.23 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11GRIFFIN PRK 64.43 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11VILLA CAMPES 72.28 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11- 7 /11ARROYO VISTA 2,865.69 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11VECTOR 92.81 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11PCH HILL PRK 646.95 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 798 MPK AVE 151.01 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 5 15.01 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11REDEVELOPMEN 53.77 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 6 13.82 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11CITY HALL 2,199.67 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11ST MAINT 102.47 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9414 6 /11- 7 /11TRAFFIC SIGN 1,215.71 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9414 6 /11- 7 /11METROLINK LI 160.58 110386 w 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9414 6 /11- 7 /11CITY LIMITS 22,488.69 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11PRKWYS & MED 114.93 110386 �:' 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9414 6 /11- 7 /11SCHOOL PROPE 8.21 110386 �� 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 1 17.28 110386 i 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 2 46.08 110386 1 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 4 14.62 > 110386 > 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 12 166.43 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 4 DATE: 08/21/02 CITY OF MOORPARK, CA VENCHK21 TIME: 16:20:58 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11CAMPUS PRK 47.23 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11VIRGINIA COL 11.02 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 10 133.04 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 11 12.53 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 9 1.94 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 7 38.45 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11 -7/11 ZONE 8 50.35 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11PCH HILL BLF 1,588.36 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6 /11- 7 /11AV COMM CTR 1,990.53 110386 1101 08/21/02 1536 SOUTHERN CALIFORNIA EDISO 9413 6/11- 7 /11COMM CTR 2,661.42 TOTAL CHECK 37,932.31 110387 1101 08/21/02 1568 TERRA FIRMA ENTERPRISES 9103 SEMS TRAINING 3,200.00 110388 1101 08/21/02 1153 VENTURA COUNTY ANIMAL REG 9102 4- 6 /02ANIMAL REG &CONT 5,672.00 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 ORD 280 CARLSBERG SPE 41.58 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 9234 NOTICE OF PUBLIC WORK 235.91 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 ORD 281 ZONE CHANGE 47.74 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 9234 ORD 283 LIBRARY FACIL 35.42 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 9234 BIDS - SINGLE FAMILY RE 240.24 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 9234 PUB HEAR PRKNG IN LIE 69.30 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 ORD 280 CARLSBERG SPE 60.83 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 SPECIFIC PLAN 8 -HIDDE 590.62 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 PUB HEAR- SPECIFIC PLA 366.52 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 PUB HEAR USA PROPERTI 127.05 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 ORD 281 ZONE CHANGE 71.61 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 9234 PROPOSALS- WEBSITE RED 120.12 110389 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 ORD 282 SPEC PLAN 8 47.16 TOTAL CHECK 2,054.10 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5 /21- 7 /17GRIFFIN PRK 2,934.82 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5 /21- 7 /17CAMPUS CANYO 2,987.31 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5 /21- 7 /17CAMPUS PARK 1,647.90 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5 /21- 7 /17PEACH HILL 3,551.51 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5/21- 7 /17ZONE 11 66.31 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5/21- 7 /17ZONE 1 141.71 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5/21- 7 /17ZONE 12 6,764.43 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5 /21- 7 /17MILLER PARK 5,826.80 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5/21- 7 /17ZONE 2 2,299.61 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5/21- 7 /17ZONE 5 1,315.48 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5/21- 7 /17ZONE 6 33.76 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5 /21- 7 /17MONTE VISTA 27.50 110390 1101 08/21/02 1620 VENTURA COUNTY WATERWORKS 9415 5 /21- 7 /17PRKWYS & MED 4,775.21 TOTAL CHECK 32,372.35 TOTAL FUND 281,305.23 l TOTAL REPORT 281,305.23 i �r.t PENTAMATION - FUND ACCOUNTING DATE: 08/21/02 CITY OF MOORPARK, CA TIME: 16:21 :42 CHECK REGISTER - FUND TOTALS FUND FUND TITLE AMOUNT 0100 INTERNAL SERVICES FUND 7,584.77 1000 GENERAL FUND 17,003.56 2002 CITY -WIDE TRAFFIC MITIGAT 294.89 2154 LIBRARY FACILITIES 35.42 2200 COMMUNITY DEVELOPMENT - 14,578.16 2300 AD 84 -2 CITYWIDE 27,387.04 2301 AD 84 -2 ZONE 1 158.99 2302 AD 84 -2 ZONE 2 2,345.69 2304 AD 84 -2 ZONE 4 14.62 2305 AD 84 -2 ZONE 5 1,330.49 2306 AD 84 -2 ZONE 6 47.58 2307 AD 84 -2 ZONE 7 38.45 2308 AD 84 -2 ZONE 8 50.35 2309 AD 84 -2 ZONE 9 1.94 2310 AD 84 -2 ZONE 10 133.04 2311 AD 84 -2 ZONE 11 78.84 2312 AD 84 -2 ZONE 12 6,930.86 2400 PARK MAINTENANCE DISTRICT 21,146.99 2501 LOS ANGELES A.O.C. 5.00 2502 TIERRA REJADA A.O.C. - 12,543.34 2603 LOCAL TRANSPORTATION 8A 27,387.13 2605 GAS TAX 1,318.18 2701 CDBG ENTITLEMENT FUND 2,384.25 2901 MRA LOW /MOD INC HOUSE /INC 2,014.71 2902 MRA AREA 1 -INCA 6 OTHER 140.68 5000 LOCAL TRANSIT PROGRAMS 8C 1,636.11 5001 SOLID WASTE AB939 1,368.00 6015 SUNCAL 38.15 6044 COLMER, WAYNE 119.35 6148 PACIFIC COMMUNITIES 112.00 6193 CARLSBERG FINAN. /LENNAR 1,071.50 6262 ARCHSTONE COMMUNITIES 1,544.41 6281 TAILLON /ASPEN 13.65 6291 FAR WEST /KAUFMAN BROAD 236.25 6360 ASADURIAN JR., MANUEL 942.25 6367 HARTMAN 696.20 6375 PEACH HILL LLC /CREATIVE W 657.00 6385 RICHMOND AM H 969.88 6399 TOLL BROS /BOLLINGER RESI 16,376.86 6431 CARDSERVICE 283.56 6437 CYPRESS LAND COMPANY 262.25 6460 PERFORMANCE NURSERY /SCE 100.50 6480 M&M DEVELOPMENT 302.00 6513 ZELLMAN /TARGET CENTER 4,357.41 6515 USA PROPERTIES 3,566.39 6518 INFRANEXT CUP 2001 -02 19.50 6534 NORTH PARK VILLAGE 149,269.83 6541 SHARMA GENERAL 361.00 6546 WILLIAM LYON HOMES 2,169.63 6548 PARDEE CONSTRUCTION 1,097.75 �. 6566 RJR ENGINEERING 265.50 6904 DALY 6 ASSOC 19.50 6908 ADELPHIA 1,338.75 i . 6910 SHEA HOMES 350.00 6913 THOMAS CONSTRUCTION 675.00 " 6917 HOLMES ENTERPRISES 70.88 6918 DNA ELECTRIC 345 BARD 102.20 TOTAL REPORT 281,305.23 PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 2/02 PENTAMATION - FUND ACCOUNTING DATE: 08/29/02 CITY OF MOORPARK, CA TIME: 10:20:15 CHECK REGISTER FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 110523 1101 08/28/02 2542 CARTER & BURGESS, INC. 9123 110524 1101 08/28/02 1112 CASILLAS, JOHN 9222 110525 1101 08/28/02 3040 DNA ELECTRIC 9252 110526 1101 08/28/02 1718 THE FINE PRINT SHOP 9232 TOTAL FUND TOTAL REPORT Fr d V� ------- DESCRIPTION- - - - - -- SPRING RD BRIDGE PROJ REIMB COLLEGE FEES POINDEXTER PK ELEC WK PESTICIDE LABELS PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 2/02 AMOUNT 900.00 56.00 908.00 190.91 2,054.91 2,054.91 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 08/29/02 CITY OF MOORPARK, CA VENCHK21 TIME: 10:20:18 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 2/02 FUND FUND TITLE AMOUNT 1000 GENERAL FUND 190.91 2400 PARK MAINTENANCE DISTRICT 964.00 2502 TIERRA REJADA A.O.C. 900.00 TOTAL REPORT 2,054.91 y. � V I I . '� <'�� .1 4 08/28/02 CITY OF MOORPARK, CA ACCOUNTING PERIOD: 2/02 MANUAL CHECK ACTIVITY FUND - 1000 - GENERAL FUND BUDGET UNIT ACCOUNT VENDOR 1099 PURCHASE ORDE TRANSACT PROGRAM CASH ACCT SALES TAX CONTROL DESCRIPTION T/C INVOICE CHK DATE ACCOUNT CHECK NO USE TAX 100076307618 9160 KING, GWEN M 08/22/02 1101 0.00 M082202 INSTRUCT SINGING CLA 20 9 STUDENTS 08/22/02 110432 0.00 TOTAL GENERAL REC CLASSES CHECK AMT TOTAL GENERAL REC CLASSES NET PAYABLE TOTAL GENERAL FUND CHECK AMT TOTAL GENERAL FUND NET PAYABLE TOTAL REPORT CHECK AMT TOTAL REPORT NET PAYABLE J RUN DATE 08/28/02 TIME 10:37:35 PAGE 1 DISC DATE CHECK AMT DISC AMT NET PAYABLE 08/14/02 270.00 0.00 270.00 PENTAMATION - FUND ACCOUNTING 270.00 270.00 270.00 270.00 270.00 270.00 PENTAMATION - FUND ACCOUNTING DATE: 08/28/02 CITY OF MOORPARK, CA TIME: 10:24:43 CHECK REGISTER FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT 110433 1101 08/30/02 2335 AMERICAN HERITAGE LIFE IN 2299 110434 1101 08/30/02 1886 ICMA RETIREMENT TRUST 457 2210 110434 1101 08/30/02 1886 ICMA RETIREMENT TRUST 457 2210 TOTAL CHECK 110435 1101 08/30/02 1888 S E I U LOCAL 998 2208 110436 1101 08/30/02 1889 UNITED WAY OF VENTURA COU 2207 110437 1101 08/30/02 1690 VENTURA COUNTY DISTRICT A 2299 110438 1101 08/30/02 1887 WASHINGTON MUTUAL BANK, F 2210 110438 1101 08/30/02 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL CHECK 110439 1101 08/30/02 1887 WASHINGTON MUTUAL BANK, F 2210 TOTAL FUND TOTAL REPORT r; `. c ------- DESCRIPTION- - - - - -- CANCER INSURANCE F/T REG DEFER COMP F/T REG DEFER COMP UNION DUES EMPLOYEE CONTRIBUTION ID #9600616061 F/T REG DEFER COMP F/T REG DEFER COMP P/T REG DEFER COMP PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 2/02 AMOUNT 114.32 3,309.88 970.49 4,280.37 387.08 118.00 168.46 1,547.49 3,668.90 5,216.39 759.22 11,043.84 11,043.84 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 08/28/02 CITY OF MOORPARK, CA VENCHK21 TIME: 10:24:46 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 2/02 FUND FUND TITLE 1000 GENERAL FUND TOTAL REPORT 4 .:a AMOUNT 11,043.84 11,043.84 PENTAMATION - FUND ACCOUNTING DATE: 08/21/02 CITY OF MOORPARK, CA TIME: 17:01:29 CHECK REGISTER FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT ------- DESCRIPTION- - - - - -- 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02HUNTER CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02SHIGLEY CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02MPK PD CELLPHONES 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02LINDLEY CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9208 LINDLEY NEWW CELLPHON 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02TRAFFEN CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02KUENY CELLPHONES 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02HOGAN CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02JOHNSTON CELLPHON 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02PARKS CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02GILBERT CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9208 7 /02GILBERT CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7/02H RILEY CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02MORGENSTERN CELLP 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7/02M RILEY CELLPHONE 110391 1101 08/21/02 1003 A T & T WIRELESS SERVICES 9424 7 /02CHUDOBA CELLPHONE TOTAL CHECK 110392 1101 08/21/02 1030 AMERICAN RED CROSS 9103 1ST AID &CPR TRAINING 110393 1101 08/21/02 1034 ANGSTROM STAGE LIGHTING, 9504 APRICOT ROOM LIGHTING 110394 1101 08/21/02 1144 COMPUWAVE 9503 MRA COMPUTER & MONITO 110394 1101 08/21/02 1144 COMPUWAVE 9504 COLOR PLOTTER &PRINT 110394 1101 08/21/02 1144 COMPUWAVE 9503 COMPAQ,WIRELESS & CAS TOTAL CHECK 110395 1101 08/21/02 2908 CREATIVE BUS SALES 9505 02 MPK CITY BUS 48 110395 1101 08/21/02 2908 CREATIVE BUS SALES 9505 02 MPK CITY BUS 49 TOTAL CHECK 110396 1172 DATA BYTE CENTRAL INC VOID: MULTI STUB CHECK 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 PW OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 PW OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9203 CITY HALL PAPER SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 PW OFFICE SUPP CRDT 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 PW OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 GENERAL OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 GENERAL OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9203 CH PAPER SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9203 CITY HALL PAPER SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM DEV OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM DEV OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM DEV OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM DEV OFFICE SUPPL 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM SRVCS OFFICE SUP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM SRVC OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 FINANCE OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 COMM SRVCS OFFICE SUP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 PW OFFICE SUPP 110397 C.. 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 VECTOR OFFICE SUPP 110397 -• "1 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 SLD WST OFFICE SUPP 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 SR CTR OFFICE SUPP 110397E '� 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 SR CTR OFFICE SUPP 1103971 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9243 SR CTR BADGES PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 2/02 Myrrilf.11i 42.93 32.07 561.69 40.78 67.40 13.52 48.31 29.89 13.52 26.25 18.97 58.18 43.39 43.82 16.10 13.52 1,070.34 1,240.00 1,903.31 1,224.80 3,388.03 2,158.94 6,771.77 140,507.26 140,507.26 281,014.52 18.64 59.78 144.73 -23.55 21.24 282.46 33.91 184.36 86.84 27.75 19.69 8.73 151.72 27.79 108.04 77.69 -33.67 23.55 41.14 49.69 111.08 126.91 33.76 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 2 DATE: 08/21/02 CITY OF MOORPARK, CA VENCHK21 TIME: 17:01:29 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9208 SR CTR OFFICE SUPP 467.53 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 FINANCE OFFICE SUPP 6.50 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 AVRC OFFICE SUPP 1,113.02 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 FINANCE OFFICE SUPP 60.98 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 AVRC OFFICE SUPP 8.17 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 PARKS OFFICE SUPP 38.00 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 PARKS OFFICE SUPP 34.46 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 C MGR OFFICE SUPPLIES 13.90 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 REDEVELOP OFFICE SUPP 11.78 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 HOUSING OFFICE SUPP 42.88 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 REDEVELOP OFFICE SUPP 16.27 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 REDEVELOP OFFICE SUP 72.96 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9203 CITY HALL PAPER SUPP 144.73 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 FINANCE OFFICE SUPP 15.29 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 C MGR OFFICE SUP 35.37 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 REDEVELOP OFFICE SUPP -16.27 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 FINANCE OFFICE SUPP 7.34 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 C CLERK OFFICE SUPP 11.22 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 ADMIN OFFICE SUPP 39.95 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 HOUSING OFFICE SUPP 13.93 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 ADMIN CREDIT -12.78 110397 1101 08/21/02 1172 DATA BYTE CENTRAL INC 9202 ADMIN OFFICE SUPP 18.16 TOTAL CHECK 3,725.67 110398 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9102 7 /02BEACH BUS FLYER 2,987.76 110398 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9244 CAMP MPK TRANSPORTATI 498.94 110398 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9244 TEEN TRAVEL CMP TRANS 1,015.91 110398 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9244 CAMP MPK TRANSPORTATI 1,007.76 110398 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9244 CAMP MPK TRANSPORTATI 508.82 110398 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9244 CAMP MPK TRANSPORTATI 262.90 110398 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9244 CAMP MPK TRANSPORTATI 565.29 110398 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9244 CAMP MPK TRANSPORTATI 1,031.45 110398 1101 08/21/02 1197 DURHAM SCHOOL SERVICES 9244 TEEN TRAVEL CAMP TRAN 738.62 TOTAL CHECK 8,617.45 110399 1101 08/21/02 3179 FIRST TRANSIT, INC. 9505 BUS 48 &49 INSPECTION 1,440.00 110400 1101 08/21/02 3254 GALVEZ, MARIA 9285 GALVEZ -RES MOVING EXP 1,100.00 110400 1101 08/21/02 3254 GALVEZ, MARIA 9285 RENTAL ASSISTANCE 5,904.78 TOTAL CHECK 7,004.78 110401 1101 08/21/02 3210 GEO PLASTICS, INC. 9205 USED OIL COLLECTION CONTA 543.18 110401 1101 08/21/02 3210 GEO PLASTICS, INC. 9205 USED OIL COLLECTION CONTA 559.80 110401 1101 08/21/02 3210 GEO PLASTICS, INC. 9205 FREIGHT (USED OIL CONTAIN 433.03 TOTAL CHECK 1,536.01 110402 1101 08/21/02 2993 INDUSTRIAL SERVICE CENTER 9102 CITY BUS #31 REPAIRS 676.09 110402 1101 08/21/02 2993 INDUSTRIAL SERVICE CENTER 9102 CITY BUS #32 REPAIRS 457.38 TOTAL CHECK 1,133.47 110403 1101 08/21/02 1305 J E CLARK II CORPORATION 9102 7 /02MPK BUSSES FUEL 1,730.96 110403 ( a 1101 08/21/02 1305 J E CLARK II CORPORATION 9255 7 /02PARKS FUEL 14.15 TOTAL CHECK 1,745.11 110404 (- 1101 08/21/02 1315 KELLY CLEANING & SUPPLIES 9102 8 /02SR CTR JANITORIAL 589.00 110404 /,� 1101 08/21/02 1315 KELLY CLEANING & SUPPLIES 9102 8 /02AVRC JANITORIAL 960.00 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 3 DATE: 08/21/02 CITY OF MOORPARK, CA VENCHK21 TIME: 17:01:29 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT TOTAL CHECK 1,549.00 110405 1101 08/21/02 3255 LAWYER'S TITLE 9285 GALVEZ -REP HOUSING 14,000.00 110406 1101 08/21/02 2157 LISTER PARTY RENTALS 9243 7/3 EVENT STAGE RNTL 1,125.29 110407 1101 08/21/02 2431 MEEKS & ASSOCIATES 9632 METROLINK PHASE 1 &2 2,831.10 110408 1101 08/21/02 2530 MORELAND & ASSOCIATES, IN 9103 7 /02GRAVES ACCT SRVC 9,360.00 110409 1101 08/21/02 2075 NEW HORIZONS 9222 TESTOUT /MEASUREUP LAB 184.62 110409 1101 08/21/02 2075 NEW HORIZONS 9222 2151- OPERATING SYSTEM 830.76 110409 1101 08/21/02 2075 NEW HORIZONS 9222 2152- IMPLEMENT & SUP 1,384.62 TOTAL CHECK 2,400.00 110410 1101 08/21/02 1951 PACIFIC MATERIALS LABORAT 9620 AVCP RR PROJECT 1,200.37 110411 1101 08/21/02 1429 PACIFIC SWEEP 9352 7 /02METROLINK SWEEPIN 535.23 110411 1101 08/21/02 1429 PACIFIC SWEEP 9352 7 /02METROLINK COLA AD 15.52 TOTAL CHECK 550.75 110412 1101 08/21/02 2354 PARKING COMPANY OF AMERIC 9102 7 /02MPK BUS SRVC & MN 12,752.26 110413 1101 08/21/02 1445 PICON, INC 9620 7 /02AVCP RR PROJECT 2,366.70 110414 1101 08/21/02 1451 POSTNET AND COMMUNICATION 9232 B/W DIGITAL LETTERHEA 374.30 110414 1101 08/21/02 1451 POSTNET AND COMMUNICATION 9232 CITY OF MPK ENVELOPES 879.45 110414 1101 08/21/02 1451 POSTNET AND COMMUNICATION 9232 7 /02SR CTR NEWSLETTER 401.12 TOTAL CHECK 1,654.87 110415 1101 08/21/02 2968 PROFESSIONAL DESIGN ASSOC 9103 LANDSCAPE GUIDELINES 5,752.50 110416 1101 08/21/02 2856 RLF PUBLISHING 9240 MPK PUBLICATION NEWSL 2,574.11 110416 1101 08/21/02 2856 RLF PUBLISHING 9232 MPK PUBLICATION RECRE 3,710.89 TOTAL CHECK 6,285.00 110417 1101 08/21/02 1994 ROTARY CLUB OF MOORPARK 9240 CIVIL WAR REENACTMENT 5,000.00 110418 1101 08/21/02 1513 SIGNAL MAINTENANCE 9253 7 /02INSURANCE ADJST 72.15 110418 1101 08/21/02 1513 SIGNAL MAINTENANCE 9253 7 /02INTERSECTION MAIN 1,333.50 TOTAL CHECK 1,405.65 110419 1101 08/21/02 3149 SKYVIEW ENGINEERING & DEV 9103 VALENZA PROP MODIFY 1,406.69 110420 1101 08/21/02 1560 TAFT ELECTRIC COMPANY, IN 9640 MILLER DRIVE U -TURN 5,078.00 110421 1101 08/21/02 3217 TASCO CONSTRUCTION, INC. 9620 AVCP RR &SNACK BAR 63,990.00 110422 1101 08/21/02 1577 THOUSAND OAKS YAMAHA KAWA 9254 PD 00 CYCLE MAINTENAN 1,242.89 110423 1101 08/21/02 3003 TV MAGIC, INC. 9504 VIDEO PROD REFURBISH 1,496.30 110424 �. 1101 08/21/02 2289 U.S. POSTAL SERVICE /ASCOM 9231 CITY HALL POSTAGE MET 3,000.00 110425 1101 08/21/02 1593 U.S. POSTMASTER 9231 RECREATION SECTION 248.83 110425 ; 1101 08/21/02 1593 U.S. POSTMASTER 9231 NEWSLETTER SECTION 1,133.57 j; l PENTAMATION - FUND ACCOUNTING DATE: 08/21/02 CITY OF MOORPARK, CA TIME: 17:01:29 CHECK REGISTER FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT ------- DESCRIPTION- - - - - -- TOTAL CHECK 110426 1101 08/21/02 2317 UCSB ECONOMIC FORECAST PR 9103 03 BUSINESS ASSOC SPO 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9117 7 /02HSRO OFFICER 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9117 7 /02DARE OFFICER -5TH 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9117 7 /02SPEC ENF DETAIL 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9117 7 /02PATROL SRVCS 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9117 7 /02COMM SRVCS 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9117 7 /02MIDDLE SCHOOL RES 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9117 7 /02TRAFFIC SRVCS 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9243 7/3 EVENT OVERTIME 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9254 7 /02VEHICLE CHARGES 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9117 7 /02INVESTIGATIVE SRV 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9118 7 /02REG & COURT OT 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9117 7 /02ADMIN ASSISTANT 110427 1101 08/21/02 1616 VENTURA COUNTY SHERIFF'S 9254 7 /02MINI VAN CHARGES TOTAL CHECK 110428 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 ORD 282 HIDDEN CREEK 110428 1101 08/21/02 1617 VENTURA COUNTY STAR 9234 PUB HEAR LIGHTING AME 110428 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 ORD 284 USA PROPERTIE 110428 1101 08/21/02 1617 VENTURA COUNTY STAR 9234 ORD 283 LIBRARY FACIL 110428 1101 08/21/02 1617 VENTURA COUNTY STAR 2733 PUB HEAR MULTIFAMILY 110428 1101 08/21/02 1617 VENTURA COUNTY STAR 9234 PUB HEAR LIBRARY FACI TOTAL CHECK 110429 1101 08/21/02 1619 VENTURA COUNTY TRANSPORTA 9102 02 /03VISTA EAST MATCH 110430 1101 08/21/02 1621 VIDEOMAX PRODUCTIONS 9102 7 /02GRAPHIC /BBS PROGR 110430 1101 08/21/02 1621 VIDEOMAX PRODUCTIONS 9504 VIDEO SUPPLIES REFURB 110430 1101 08/21/02 1621 VIDEOMAX PRODUCTIONS 9102 7 /02VIDEO PROD SRVCS TOTAL CHECK 110431 1101 08/21/02 1626 VTR SERVICE CO INC 9251 VIDEO PLAYBACK MAINTE 110431 1101 08/21/02 1626 VTR SERVICE CO INC 9251 VIDEO PLAYBACK MAINTE TOTAL CHECK TOTAL FUND TOTAL REPORT { ij PAGE NUMBER: 4 VENCHK21 ACCOUNTING PERIOD: 2/02 AMOUNT 1,382.40 1,500.00 10,156.42 9,237.25 10,286.00 171,810.82 10,156.42 9,237.25 23,311.26 1,617.52 11,881.50 30,617.25 6,250.43 5,559.25 153.00 300,274.37 59.29 317.24 49.28 56.98 73.15 69.30 625.24 18,020.00 636.00 2,165.17 2,122.00 4,923.17 645.83 643.54 1,289.37 789,666.35 789,666.35 PENTAMATION - FUND ACCOUNTING DATE: 08/21/02 CITY OF MOORPARK, CA TIME: 17 :01:33 CHECK REGISTER - FUND TOTALS FUND FUND TITLE AMOUNT 0100 INTERNAL SERVICES FUND 7,544.30 1000 GENERAL FUND 324,779.54 2002 CITY -WIDE TRAFFIC MITIGAT 5,078.00 2100 COMMUNITY WIDE 67,557.07 2154 LIBRARY FACILITIES 126.28 2200 COMMUNITY DEVELOPMENT 11,670.59 2400 PARK MAINTENANCE DISTRICT 112.86 2604 TEA 21 FEDERAL GRANTS 2,831.10 2605 GAS TAX 1,526.62 2609 OTHER ST /FEDERAL GRANTS 15,998.25 2901 MRA LOW /MOD INC HOUSE /INC 22,470.28 2902 MRA AREA 1 -INCA & OTHER 2,809.54 4003 EQUIPMENT REPLACEMENT FUN 5,564.78 5000 LOCAL TRANSIT PROGRAMS 8C 319,629.72 5001 SOLID WASTE AB939 1,585.70 6515 USA PROPERTIES 122.43 6534 NORTH PARK VILLAGE 59.29 TOTAL REPORT 789,666.35 PAGE NUMBER: 1 VENCHK21 ACCOUNTING PERIOD: 2/02 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 1 DATE: 08/29/02 CITY OF MOORPARK, CA VENCHK21 TIME: 09:55:19 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110440 1101 08/28/02 2690 ACCOUNTEMPS 9102 SZABO -WEEK END 8/16 900.00 110441 1101 08/28/02 1007 ACCURATE ANSWERING SERVIC 9420 9 /02ANSWERING SRVCS 61.00 110441 1101 08/28/02 1007 ACCURATE ANSWERING SERVIC 9420 9 /02FAX SRVCS 3.25 TOTAL CHECK 64.25 110442 1101 08/28/02 1011 ACCURATE INDUSTRIAL SUPPL 9252 PCH HILL PRK OP SUPPL 19.34 110442 1101 08/28/02 1011 ACCURATE INDUSTRIAL SUPPL 9208 TOOLS -ALL PARKS 95.12 110442 1101 08/28/02 1011 ACCURATE INDUSTRIAL SUPPL 9252 AVCP OPERATING SUPPLI 15.48 TOTAL CHECK 129.94 110443 1101 08/28/02 3282 ANGELO, ABBY 3866 REFUND -CAMP MPK 17.00 110444 1101 08/28/02 1341 LIGHTENING POWDER COMPANY 9205 FINGERPRINT /INVESTIGATION 37.50 110444 1101 08/28/02 1341 LIGHTENING POWDER COMPANY 9205 FINGERPRINT /INVESTIGATION 293.55 110444 1101 08/28/02 1341 LIGHTENING POWDER COMPANY 9205 EVIDENCE SUPP FREIGHT 7.73 110444 1101 08/28/02 1341 LIGHTENING POWDER COMPANY 9205 EVIDENCE SUPP FREIGHT 5.82 TOTAL CHECK 344.60 110445 1101 08/28/02 3102 BLUM, SHARI L. 9160 CHILDREN ON CAMERA 468.00 110446 1101 08/28/02 3279 BOBARDT, DAVID 9221 REIMB CHAPTER DUES 90.00 110447 1101 08/28/02 1084 BURNS, NANCY 9225 SYMPOSIUM TRAVEL COST 57.37 110447 1101 08/28/02 1084 BURNS, NANCY 9224 SYMPOSIUM 02 MILEAGE 10.22 TOTAL CHECK 67.59 110448 1101 08/28/02 3269 CEDC- VENTURA HOUSING CONF 9223 9/13 HOUSING CONFEREN 95.00 110449 1101 08/28/02 1116 CERTIFIED AUTO GLASS 9254 #22 WINDSHIELD REPAIR 45.00 110450 1101 08/28/02 1122 CHEVRON USA, INC 9255 MPK PD FUEL 35.85 110451 1101 08/28/02 2476 CHICAGO TITLE COMPANY 9223 9 /12REAL ESTATE&ECONO 95.00 110452 1101 08/28/02 1125 CHUCK E. CHEESE'S PIZZA 9244 CAMP MPK 8/16 TRIP 478.54 110453 1101 08/28/02 3186 CITY OF CAMARILLO 9240 DAVIS RETIREMNT -RILEY 12.50 110453 1101 08/28/02 3186 CITY OF CAMARILLO 9240 DAVIS RETIREMNT -KEN G 12.50 110453 1101 08/28/02 3186 CITY OF CAMARILLO 9223 DAVIS RETIREMNT -LAURA 12.50 TOTAL CHECK 37.50 110454 1101 08/28/02 1127 CITY OF MOORPARK 9601 PW COPIES - POSTNET 3.22 110454 1101 08/28/02 1127 CITY OF MOORPARK 9205 SR CTR BRIDGE TROPHY 9.00 110454 1101 08/28/02 1127 CITY OF MOORPARK 9225 PARKING REIMB -N BURNS 15.00 110454 1101 08/28/02 1127 CITY OF MOORPARK 9208 SR CTR BOCCE BALL SUP 27.85 110454 1101 08/28/02 1127 CITY OF MOORPARK 9205 CITY COUNCIL DINNER 46.53 110454 1101 08/28/02 1127 CITY OF MOORPARK 9223 CPR TRAINING SUPPLIES 8.35 110454 1101 08/28/02 1127 CITY OF MOORPARK 9223 MSA LUNCH- MORGENSTERN 15.00 110454 1101 08/28/02 1127 CITY OF MOORPARK 9205 SR CTR PHOTO DEVELOP 48.80 110454 "" 1101 08/28/02 1127 CITY OF MOORPARK 9225 PKING REIMB-N BURNS 23.40 110454 �" a 1101 08/28/02 1127 CITY OF MOORPARK 9224 MILEAGE REIMB -N BURNS 10.59 110454 ` a 1101 08/28/02 1127 CITY OF MOORPARK 9204 VECTOR CONTROL DRYICE 19.55 110454 ; 1101 08/28/02 1127 CITY OF MOORPARK 9223 PARKING REIMB-H RILEY 10.40 110454 - 1101 08/28/02 1127 CITY OF MOORPARK 9202 OFFICE SUPPL -M LINDLE 12.37 110454 1101 08/28/02 1127 CITY OF MOORPARK 9224 MILEAGE REIMB -N BURNS 40.15 PAGE NUMBER: 2 PENTAMATION - FUND ACCOUNTING DATE: 08/29/02 CITY OF MOORPARK, CA VENCHK21 TIME: 09:55:19 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- -- - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110454 1101 08/28/02 1127 CITY OF MOORPARK 9208 SR CTR SPEAKER WIRE 6.95 110454 1101 08/28/02 1127 CITY OF MOORPARK 9236 EMPL RECRUITE LUNCH 44.76 110454 1101 08/28/02 1127 CITY OF MOORPARK 9222 ICEA LUNCH -M RILEY 12.00 110454 1101 08/28/02 1127 CITY OF MOORPARK 9202 HALOGEN LIGHT BULB 3.21 110454 1101 08/28/02 1127 CITY OF MOORPARK 9231 CITY POSTAGE DUE •23 110454 1101 08/28/02 1127 CITY OF MOORPARK 9223 APA SECT MTG -N BURNS 10.00 110454 1101 08/28/02 1127 CITY OF MOORPARK 9223 CPR TRAINING SUPPLIES 4.59 110454 1101 08/28/02 1127 CITY OF MOORPARK 9231 CERTIFIED MAIL -SR CTR 3.13 110454 1101 08/28/02 1127 CITY OF MOORPARK 9232 PW COPIES- POSTNET 3.22 110454 1101 08/28/02 1127 CITY OF MOORPARK 9223 CPR TRAINING SUPPL 4.15 57.92 110454 1101 08/28/02 1127 CITY OF MOORPARK 9630 AVCP PHASE II MAP 5.00 110454 1101 08/28/02 1127 CITY OF MOORPARK 9236 DMV REPORT 14.48 110454 1101 08/28/02 1127 CITY OF MOORPARK 9640 PW COPIES- POSTNET 50.67 110454 1101 08/28/02 1127 CITY OF MOORPARK 9231 POSTAGE SRCTR NEWSLTR 110454 1101 08/28/02 1127 CITY OF MOORPARK 9205 SR CTR SUMMER SOCIAL 15.93 110454 1101 08/28/02 1127 CITY OF MOORPARK 9601 PW COPIES - POSTNET 14.48 110454 1101 08/28/02 1127 CITY OF MOORPARK 9244 CAMP MPK SUPPLIES 50.00 110454 1101 08/28/02 1127 CITY OF MOORPARK 9244 TEEN TRAVEL CAMP -FAIR 58.00 110454 1101 08/28/02 1127 CITY OF MOORPARK 9601 PW COPIES- POSTNET 6.43 110454 1101 08/28/02 1127 CITY OF MOORPARK 9220 VEHICLE CODE BOOK 9.00 08/28/02 1127 CITY OF MOORPARK 9250 POSTAGE MACHINE WATER 1.48 110454 1101 665.84 TOTAL CHECK 110455 1101 08/28/02 1137 COASTAL PIPCO 9303 GALVANIZED PIPE 672.46 110456 1101 08/28/02 1144 COMPUWAVE 9201 MPK PD COMPUTER SUPPL 162.25 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 3751 COBRA VISION 1 53.80 49.40 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 CITY CLK VISION 11.60 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 COMM SVCS VISION 41.40 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 VECTOR CONTROL VISION 15.90 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 SENIOR CENTER VISION 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 CDBG CODE ENFORC VIS .80 31.05 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 COMM FACILITIES VISIO 52.60 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 CITY MGR VISION 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 HUMAN RESOURC VISION 70.95 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 PLANNING VISION 34.70 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 ADMIN SVCS VISION 42.70 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 REC PROGRAM VISION 20.70 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 ADMIN SVCS VISION 37.91 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 FINANCE DEPT VISION 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 SOLID WASTE VISION .80 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 TEEN COORD VISION 8.00 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 PUBLIC WORKS VISION 10.06 110457 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 NPDES VISION .56 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 XNG GUARDS VISION 5.75 15.24 110457 ('1- 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 PKNG ENFORCE VISION 38.60 ( 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 COM DEVELOPMT VISION 110457 ` 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 CODE ENFORCE VISION 23.46 110457 ( ' 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 AD 84 -2 LNDSCP VISION 7.25 110457 �"� 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 AD 84 -2 STR LGHT VIS .07 110457 1 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 AD 84 -2 STR LGHT VIS .84 110457 ; 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 PARKS MAINT VISION 46.50 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 PUBLIC TRANSIT VISION 2.40 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 PARKS MAINT VISION 20.70 110457 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 AD 84 -S STR LGHT VIS •07 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 3 DATE: 08/29/02 CITY OF MOORPARK, CA VENCHK21 TIME: 09:55:19 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 STREET MAINT VISION 59.60 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 AD 84 -2 STR LGHT VIS 1.19 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 CDBG VISION i 1.60 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 SOLID WASTE VISION 7.20 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 MRA HOUSING VISION 13.40 110457 1101 08/28/02 1165 CPIC LIFE INSURANCE COMPA 9010 MRA /ECON DEV VISION 35.70 TOTAL CHECK 770.50 110458 1101 08/28/02 2631 DALEY, MICHAEL 9244 BASKETBALL REFEREE 20.00 110459 1101 08/28/02 2885 DEPARTMENT OF MOTOR VEHIC 9102 SP #11 REGISTRATION 35.00 110460 1101 08/28/02 2320 DIGITAL TELECOMMUNICATION 9102 9/02 SERVICE 284.00 110461 1101 08/28/02 1184 DISCOUNT SCHOOL SUPPLY 9244 CAMP MPK ART &CRAFTS 46.48 110461 1101 08/28/02 1184 DISCOUNT SCHOOL SUPPLY 9244 CAMP MPK ART &CRAFTS 72.86 TOTAL CHECK 119.34 110462 1101 08/28/02 1186 DISPENSING TECHNOLOGY COR 9252 SHADYRIDGE BARACADES 168.60 110462 1101 08/28/02 1186 DISPENSING TECHNOLOGY COR 9301 GLASS BEADS 53.63 TOTAL CHECK 222.23 110463 1101 08/28/02 1690 DOYLE SHAW ICE 9204 VECTOR DRY ICE 11.00 110464 1101 08/28/02 1196 DUNN - EDWARDS CORPORATION 9252 CNTRY TRAIL PRK BBQ 23.08 110464 1101 08/28/02 1196 DUNN- EDWARDS CORPORATION 9252 POINDEXTER PRK BBQ PA 23.09 110464 1101 08/28/02 1196 DUNN - EDWARDS CORPORATION 9252 TR PRK BBQ PAINT 23.09 110464 1101 08/28/02 1196 DUNN- EDWARDS CORPORATION 9252 GLENWOOD PRK BBQ PAIN 23.08 110464 1101 08/28/02 1196 DUNN - EDWARDS CORPORATION 9252 CMPS CYN PRK BBQ PAIN 23.09 110464 1101 08/28/02 1196 DUNN - EDWARDS CORPORATION 9252 AVRC BBQ PAINT 23.09 110464 1101 08/28/02 1196 DUNN- EDWARDS CORPORATION 9252 PCH HILL PRK BBQ PAIN 23.09 110464 1101 08/28/02 1196 DUNN - EDWARDS CORPORATION 9252 MPN MEADOWS BBQ PAINT 23.09 110464 1101 08/28/02 1196 DUNN - EDWARDS CORPORATION 9252 CMPS PRK BBQ PAINT 23.09 110464 1101 08/28/02 1196 DUNN - EDWARDS CORPORATION 9252 GRIFFIN PRK BBQ PAINT 23.09 TOTAL CHECK 230.88 110465 1101 08/28/02 1197 DURHAM SCHOOL SERVICES 9244 8 /12TEEN TRAVEL CAMP 273.31 110465 1101 08/28/02 1197 DURHAM SCHOOL SERVICES 9103 SR TRIP TO VC FAIR 392.42 TOTAL CHECK 665.73 110466 1101 08/28/02 1219 FEDERAL EXPRESS CORP 9230 BURNS TO MARK BRIGGS 11.22 110467 1101 08/28/02 2244 GOLD COAST CITY CLERKS 9222 CITY CLK SEM- FIGUEROA 35.00 110467 1101 08/28/02 2244 GOLD COAST CITY CLERKS 9222 CITY CLK SEM- JONES,T 35.00 110467 1101 08/28/02 2244 GOLD COAST CITY CLERKS 9222 CITY CLK SEM- GARZA,B 35.00 TOTAL CHECK 105.00 110468 (7' 1101 08/28/02 3281 HACKMON, BETTYE 3866 ADMIN FEE -10.00 110468 1101 08/28/02 3281 HACKMON, BETTYE 3866 REFUND -CAMP MPK 80.00 TOTAL CHECK 70.00 110469 1101 08/28/02 3283 HAYNES SALES 9251 HYDROBLASTER REPAIR 69.65 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02CD EAP INS 5.63 110470 !.1 mss/ 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02NPDES EAP INS .10 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02AD84- 2LANDSC EAP .86 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 4 DATE: 08/29/02 CITY OF MOORPARK, CA VENCHK21 TIME: 09:55:19 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02CEO EAP INS 3.74 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09/02AD84 -2ST LGT ZAP .15 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09/02AD84 -2ST LGT EAP .01 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02ADMIN EMP ASSIST 5.00 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09/02AD84 -2ST LGT RAP .01 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02PLANNING EAP INS 13.00 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02XGUARD EAP INS .73 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02PKING ENF EAPINS 2.49 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02ST MAINT EAP INS 11.99 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09/02AD84 -2ST LGT EAP .17 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02CDBG EAP INS .50 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02CEO CDBG EAP INS .13 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02MRA HOUSE EAPINS 3.25 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02MRA ECDEV EAPINS 3.75 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02TPANSIT EAP INS .38 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02SW EAP INS .25 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02PK MAINT EAP INS 5.39 110470 1101 08/28/02 1282 - HOLMAN GROUP, THE 9010 09 /02SW EAP INS 1.88 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02PK MAINT EAP INS 2.50 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02TEEN COOR EAPINS 2.50 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02VECMR EAP INS 5.00 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02REC EAP INS 7.50 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02CITY MGR EAP INS 12.50 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02COMM FAC EAP INS 3.75 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02SR CTR EAP INS 2.50 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02PW ZAP INS 1.84 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02ADMIN EMP ASSIST 2.50 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02COMM SVC EAP INS 5.00 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09/02 FIN EMP ASSIST 7.50 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02HR EMP ASSIST 2.50 110470 1101 08/28/02 1282 HOLMAN GROUP, THE 9010 09 /02CITY CLK EAP INS 7.50 TOTAL CHECK 122.50 110471 1101 08/28/02 1283 HOME DEPOT -GECF 9252 KIOSK PLEXIGLASS 36.44 110471 1101 08/28/02 1283 HOME DEPOT -GECF 9252 OFFICE THRESHOLD 15.00 TOTAL CHECK 51.44 110472 1101 08/28/02 2088 I.P.M.A. 9222 CERTIFICATION- FRETZ,J 199.00 110473 1101 08/28/02 1447 IMAGISTICS INTERNATIONAL, 9211 9 /02FAX MACHINE RNTL 64.35 110474 1101 08/28/02 3029 JANSEN, CATHY 9160 SAND ART INSTRUCTION 108.00 110475 1101 08/28/02 1312 JOLLY JUMPS INC 9244 9 /6AFTER DARK EVENT 400.00 110476 1101 08/28/02 2370 KANE, BALLMER & BERKMAN I 2754 7 /02MTNVIEW LEGAL 216.00 110476 1101 08/28/02 2370 KANE, BALLMER & BERKMAN I 2754 7 /02SHEA HOMES LEGAL 504.00 110476 1101 08/28/02 2370 KANE, BALLMER & BERKMAN I 2734 MTNVIEW ADMIN FEES 32.40 110476 { 1101 08/28/02 2370 KANE, BALLMER & BERKMAN I 3806 MTNVIEW ADMIN REVENUE -32.40 110476 ', 1101 08/28/02 2370 KANE, BALLMER & BERKMAN I 2734 SHEA HOMES ADMIN FEE 75.60 110476 "+� 1101 08/28/02 2370 KANE, BALLMER & BERKMAN I 3806 SHEA HOMES ADMIN REVE -75.60 TOTAL CHECK 720.00 110477 �,1 1101 08/28/02 1315 KELLY CLEANING & SUPPLIES 9102 SR CTR JANITORIAL -SHR 100.00 110478 1101 08/28/02 2878 KWIK KART READY MIX, INC. 9310 FRESHMAN SIDEWALK 180.98 PENTAMATION - FUND ACCOUNTING PAGE NUMBER: 5 DATE: 08/29/02 CITY OF MOORPARK, CA VENCHK21 TIME: 09:55:19 CHECK REGISTER ACCOUNTING PERIOD: 2/02 FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED -------- - - - - -- VENDOR-------- - - - - -- ACCT - - - - - -- DESCRIPTION- - - - - -- AMOUNT 110478 1101 08/28/02 2878 KWIK KART READY MIX, INC. 9310 PRINCETON CONCRETE 78.83 TOTAL CHECK 259.81 110479 1101 08/28/02 3280 LAWRENCE, KEITH 9244 YOUTH BASKETBALL REFE 110.00 110480 1101 08/28/02 1358 MARILYN'S TROPHIES 9244 ENGRAVE SR GAME MEDAL 561.18 110481 1101 08/28/02 2989 MARTINEZ, PAUL 9244 SOFTBALL UMPIRE FORFE 20.00 110482 1101 08/28/02 1737 MCBRIDE, MIKE 9020 WORKBOOTS- MCBRIDE,M 80.43 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02TRANSIT LTD &STD 13.83 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02SW LTD &STD INS 3.58 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02REC LTD &STD INS 84.09 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02ST LIGHT LTD &STD 1.21 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02NPDES LTD &STD 1.23 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02PK MAINT LTD &STD 61.51 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02PK MAINT LTD &STD 14.70 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02ST MAINT LTD &STD 135.35 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02ST LIGHT LTD &STD 2.85 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02CDBG LTD &STD INS 6.31 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02CDBG CEO LTD &STD 1.26 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02MRAHOUSE LTD &STD 25.27 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02MRAECDEV LTD &STD 30.82 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02XGUARD LTD &STD 5.71 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02CITY MGR LTD &STD 178.46 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02PK ENF LTD &STD 21.24 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02ST LIGHT LTD &STD .10 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02COMM SVC LTD &STD 42.59 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02VECTOR LTD &STD 45.40 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02CD LTD &STD INS 80.64 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02CEO LTD &STD INS 34.82 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02PLANNING LTD &STD 183.67 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02SR CTR LTD &STD 33.12 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02COMM FAC LTD &STD 32.00 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02CITY CLK LTD &STD 128.82 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09/0284 -2LAND LTD &STD 9.74 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02ST LIGHT LTD &STD .10 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02PW LTD &STD INS 18.38 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02FINANCE LTD &STD .72 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02HR LTD & STD INS 21.82 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02IS MGR LTD &STD 31.52 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02SW LTD &STD INS 44.68 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02ADMIN LTD &STD IN 62.30 110483 1101 08/28/02 2546 METLIFE SMALL BUSINESS CE 9010 09 /02TEENCOOR LTD &STD 15.44 TOTAL CHECK 1,373.28 110484 1101 08/28/02 1750 MOBILE MINI, INC. 9103 8 /16- 9 /12SKATERAMP RN 72.40 110484 1101 08/28/02 1750 MOBILE MINI, INC. 9103 9 /02STORAGE UNIT RNTL 137.28 TOTAL CHECK 209.68 110485 1101 08/2B/02 2699 MOORPARK BICYCLE SHOP 9205 PD BIKE PATROL SUPPL 53.52 110485 1101 08/28/02 2699 MOORPARK BICYCLE SHOP 9205 PD BIKE PATROL SUPPL 10.00 TOTAL CHECK 63.52 110486 1101 08/28/02 1382 MOORPARK BUSINESS SERVICE 9103 SENIOR NEWSLETTER 160.87 ` PENTAMATION - FUND ACCOUNTING DATE: 08/29/02 CITY OF MOORPARK, CA TIME: 09:55:19 CHECK REGISTER FUND - 1000 - GENERAL FUND CHECK NUMBER CASH ACCT DATE ISSUED ---- --- --- - - -- VENDOR--- ----- - - - - -- ACCT 110487 MOORPARK FEED & SUPPLY 1101 08/28/02 110488 3286 1101 08/28/02 110488 450.00 1101 08/28/02 2611 LESS 1HR FOR CLEAN -UP TOTAL CHECK 110489 1101 08/28/02 110490 2189 1101 08/28/02 110490 666.27 1101 08/28/02 9103 GRIFFIN PRK RR REPAIR TOTAL CHECK 110491 MR ROOTER PLUMBING INC 1101 08/28/02 110492 1101 08/28/02 110493 354.91 1101 08/28/02 110493 #11 RADIATOR HOSE 1101 08/28/02 110493 9205 1101 08/28/02 110493 ORCHARD SUPPLY HARDWARE 1101 08/28/02 16.08 1422 TOTAL CHECK 110494 122.34 1101 08/28/02 110495 SAW & TUBE CUTTER 1101 08/28/02 110496 9252 1101 08/28/02 110497 1101 08/28/02 110497 1429 1101 08/28/02 110497 561.33 1101 08/28/02 110497 TRAINING -MC BRIDE 1101 08/28/02 PEEL, HEIDI 9244 TOTAL CHECK 110498 POSTNET AND COMMUNICATION 1101 08/28/02 110498 1451 1101 08/28/02 MPD -UPS CHARGES 29.50 TOTAL CHECK 110499 JOHNSTON BUS CARDS 1101 08/28/02 110499 9205 1101 08/28/02 110499 1101 08/28/02 606.51 1475 TOTAL CHECK 110500 I 110.00 1101 08/28/02 110501 PD RECERTIFY RADAR Sy 1101 08/28/02 t 212.90 110502 RALPHS GROCERY COMPANY 1101 08/28/02 110503 { "'i' 1101 08/28/02 110503 32.18 1101 08/28/02 9205 CITY COUNCIL SUPPLIES TOTAL CHECK 80.18 110504 REGENTS, UNIVERSITY OF CA 1101 08/28/02 PAGE NUMBER: 6 VENCHK21 ACCOUNTING PERIOD: 2/02 - - - - - -- DESCRIPTION- - - -- -- AMOUNT 1387 MOORPARK FEED & SUPPLY 9204 VECTOR LAY MASH 9.35 3286 MORALES. CARLOS 2611 8 /17 /02RENTAL DEPOSIT 450.00 3286 MORALES. CARLOS 2611 LESS 1HR FOR CLEAN -UP -25.00 425.00 2189 MORGENSTERN, ROBERT PETER 9222 MGMT 439 & BOOKS 666.27 1396 MR ROOTER PLUMBING INC 9103 GRIFFIN PRK RR REPAIR 79.91 1396 MR ROOTER PLUMBING INC 9103 PCH HILL PRK SEWER LI 275.00 354.91 1417 NORTH OAKS AUTO PARTS 9254 #11 RADIATOR HOSE 14.48 2724 OAKBROOK ENGRAVING & AWAR 9205 LARRY DAVIS RETIREMEN 51.27 1422 ORCHARD SUPPLY HARDWARE 9208 ANNEX TOOL BOX 16.08 1422 ORCHARD SUPPLY HARDWARE 9208 ANNEX TOOLS 122.34 1422 ORCHARD SUPPLY HARDWARE 9208 SAW & TUBE CUTTER 48.25 1422 ORCHARD SUPPLY HARDWARE 9252 PEACH HILL PRK TUBING 24.65 211.32 1429 PACIFIC SWEEP 9350 08 /02STR SWEEP -ST RTE 561.33 1430 PADGETT- THOMPSON 9222 TRAINING -MC BRIDE 169.00 3139 PEEL, HEIDI 9244 BASKETBALL REFEREE 60.00 1451 POSTNET AND COMMUNICATION 9232 09/02 SR NEWSLETTER 401.12 1451 POSTNET AND COMMUNICATION 9231 MPD -UPS CHARGES 29.50 1451 POSTNET AND COMMUNICATION 9232 JOHNSTON BUS CARDS 101.89 1451 POSTNET AND COMMUNICATION 9205 APPROVAL STAMP 74.00 606.51 1475 R.H.F., INC 9251 PD RECERTIFY RADAR SY I 110.00 1475 R.H.F., INC 9251 PD RECERTIFY RADAR Sy 102.90 212.90 3022 RALPHS GROCERY COMPANY 9205 MPK PD OFFICE SUPPL 31.11 3022 RALPHS GROCERY COMPANY 9244 CAMP MOORPARK SUPPLIE 32.18 3022 RALPHS GROCERY COMPANY 9205 CITY COUNCIL SUPPLIES 16.89 80.18 1696 REGENTS, UNIVERSITY OF CA 9222 TURF GRASS SEM- WALTER 30.00 2300 RILEY, HUGH R 9225 ICMA CONF AIR,PER DIE 605.50 1656 SANTA BARBARA ZOO 9244 CAMP MPK 8/09 TRIP 302.00 1520 SIMI VALLEY LOCK & KEY 9204 PARKS LOCKS & KEYS 201.61 1520 SIMI VALLEY LOCK & KEY 9204 MPD /RE -KEY OFFICE 67.00 268.61 3094 SKILLPATH SEMINARS 9222 SCZEPAN -THE INDISPENS 149.00 PENTAMATION - FUND ACCOUNTING SENIOR CENTER SUPPLIE 127.60 CAMP MOORPARK SUPPLIE DATE: 08/29/02 262.20 CITY OF MOORPARK, CA TIME: 09:55:19 68.15 ILLEGAL PARKING FORMS 896.82 CHECK REGISTER 128.70 FUND - 1000 - GENERAL FUND 560.00 5 GAL PAVEMENT PAINT 804.38 CHECK NUMBER CASH ACCT DATE ISSUED -------- -- - - -- VENDOR-------- - - - - -- ACCT 110505 1101 08/28/02 1527 SMART & FINAL 9205 110505 1101 08/28/02 1527 SMART & FINAL 9244 10.00 TOTAL CHECK 20.00 CODE CONST,COURT RULE 110506 1101 08/28/02 2037 STEPHANIE A SHAW 9244 110507 1101 08/28/02 1438 SUNGARD PENTAMATION INC 9102 110508 1101 08/28/02 1565 TAYLOR PRINTING COMPANY 9205 110509 1101 08/28/02 1566 TELCOM INC 9204 110510 1101 08/28/02 1569 TERRY LUMBER COMPANY 9303 110511 1101 08/28/02 2274 TIERRA REJADA FARMS 9244 110512 1101 08/28/02 2738 TRAFFIC CONTROL SERVICES, 9301 110513 1101 08/28/02 1099 UNITED RENTALS 9632 110513 1101 08/28/02 1099 UNITED RENTALS 9301 TOTAL CHECK 110514 1101 08/28/02 1599 UNIVERSAL REPROGRAPHICS, 9205 110514 1101 08/28/02 1599 UNIVERSAL REPROGRAPHICS, 9601 TOTAL CHECK 110515 1101 08/28/02 3194 VARSITY PARK HOA 9252 110516 1101 08/28/02 3285 VENTURA COUNTY ENVIRONMEN 9244 110517 1101 08/28/02 1159 VENTURA COUNTY MAIL #1100 9205 110517 1101 08/28/02 1159 VENTURA COUNTY MAIL #1100 9205 TOTAL CHECK 110518 1101 08/28/02 1048 WEST GROUP 9220 110519 1101 08/28/02 1634 WESTERN HIGHWAY PRODUCTS, 9252 110520 1101 08/28/02 1636 WHITAKER HARDWARE, INC 9310 110520 1101 08/28/02 1636 WHITAKER HARDWARE, INC 9301 110520 1101 08/28/02 1636 WHITAKER HARDWARE, INC 9204 TOTAL CHECK 110521 1101 08/28/02 3278 WINTERS, ERIN 3865 110522 1101 08/28/02 1643 ZUMAR INDUSTRIES, INC. 9303 TOTAL FUND TOTAL REPORT PAGE NUMBER: 7 VENCHK21 ACCOUNTING PERIOD: 2/02 - - - - - -- DESCRIPTION- - - - - -- AMOUNT SENIOR CENTER SUPPLIE 127.60 CAMP MOORPARK SUPPLIE 134.60 262.20 REIMB -CAMP ICE CREAM 89.40 7 /02DATA LINE SRVCS 68.15 ILLEGAL PARKING FORMS 896.82 PARK RADIO BATTERIES 128.70 PD SIGN POSTS 47.02 CAMP MPK 8/23 TRIP 560.00 5 GAL PAVEMENT PAINT 804.38 PW BRACKETS 160.45 GLASS BEADS 27.03 187.48 COMM SVCS PLAN COPIES 8.92 PW MYLAR ENG COPIES 270.03 278.95 9/02 B PENN ST HOA 205.00 ENVIRON HEALTH FEE 85.00 2ADMIN SRVC PHONE DIR 10.00 2ACM DEPT PHONE DIREC 10.00 20.00 CODE CONST,COURT RULE 120.66 GATE OPEN /CLOSED SIGN 409.33 PW CONCRETE REPAIRS 14.97 PW PAINTING MATERIALS 10.70 VECTOR KEY COPIES 4.83 30.50 REFUND- FORFEIT FEE 40.00 200 SIGN BRACKET SETS 585.59 21,184.24 21,184.24 PAGE NUMBER: 1 ?ENTAMATION - FUND ACCOUNTING )ATE: 08/29/02 CITY OF MOORPARK, CA VENCHK21 CIME: 09:55:24 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 2/02 FUND FUND TITLE AMOUNT 0100 INTERNAL SERVICES FUND 638.15 1000 GENERAL FUND 10,388.00 2000 TRAFFIC SAFETY FUND 956.98 2100 COMMUNITY WIDE 57.92 2200 COMMUNITY DEVELOPMENT 536.61 2300 AD 84 -2 CITYWIDE 17.85 2302 AD 84 -2 ZONE 2 .18 2305 AD 84 -2 ZONE 5 .18 2308 AD 84 -2 ZONE 8 577.93 2310 AD 84 -2 ZONE 10 2.20 2400 PARK MAINTENANCE DISTRICT 1,406.33 2501 LOS ANGELES A.O.C. 290.94 2604 TEA 21 FEDERAL GRANTS 14.48 2605 GAS TAX 4,241.47 2701 CDBG ENTITLEMENT FUND 10.60 2901 MRA LOW /MOD INC HOUSE /INC 387.48 2902 MRA AREA 1 -INCR & OTHER 168.49 5000 LOCAL TRANSIT PROGRAMS 8C 177.06 5001 SOLID WASTE AB939 58.39 6000 FIDUCIARY - GENERAL DEPOS 425.00 6291 FAR WEST /KAUFMAN BROAD 579.60 6350 CABRILLO EDC 5161 248.40 TOTAL REPORT 21,184.24 �r MOORPARK CITY COUNCIL AGENDA REPORT ITEM__ TO: The Honorable City Council (�Q FROM: John Hartnett, Recreation Superintendent y}k DATE: August 21, 2002 (CC Meeting of September 4, 2002) SUBJECT: Consider Moorpark Boys & Girls Club/ Moorpark Basketball Association (MBA) Use Agreement DISCUSSION In 1997, the City Council approved use agreements with the major youth sports organizations in Moorpark. The agreements were for a term of five years, and among other things, they identified parks and facilities amenities, use dates, site and amenity improvements, and maintenance responsibilities granted to each organization. The use fee charged to each group for park amenities was $1.00 per year. Moorpark Basketball Association was charged a discounted rate of $12 per hour for use of the Gymnasium. Moorpark Girls Softball Association, American Youth Soccer Organization and Packer Football also pay for the use of the Concession facilities at AVCP, from the proceeds of their snack sales. The Moorpark Boys & Girls Club (MBA) agreement is one of two remaining due to expire this year (Moorpark Soccer Club ends in November 2002) . Staff has drafted a new agreement for MBA based on the previous agreement and provided it to them for review and comment. MBA has indicated that the provisions of the new agreement are acceptable. The agreement addresses the following conditions: If the proposed agreement is approved, MBA will have use of the Arroyo Vista Gymnasium between December 1 through March 31, each year the agreement is in effect. Use of the facilities will be $12 per hour during normal hours of operation and $30 per hour during non - operating hours. In \. v A. Honorable City Council September 4, 2002 Page 2 addition, MBA agrees to deposit $200 with the City as a cleaning deposit. MBA also agrees to pay a $15 fee for every one -half hour the City is required to clean the facility due to a lack of performance of maintenance by MBA. As with the previous agreement, MBA is authorized to conduct games and practices in the Gymnasium and will submit a schedule of activities by December 1 of each year, taking into account City recreation program needs as well as the needs of MBA. In addition, MBA agrees to perform routine maintenance after scheduled activities, including disposal of trash and sweeping and mopping of floor. The agreement also indicates that the Boys & Girls Club, on behalf of MBA, will attempt to secure other school district gymnasium facilities in the future, as they become available, reducing the need for the City facility. SUNIIARY As stated, the agreement is consistent with MBA's previous use agreement and agreements the City has with other youth sports groups. The dates, fees, and maintenance requirements have not changed. MBA agrees to insure and indemnify the City, refrain from making any improvements without City authorization, abide by facility rules established by the City, and acknowledge that the City retains the right to use the parks and facilities granted for use under the agreement, with prior notice by the City. The proposed agreement is attached to this Agenda Report. The Council is being asked to approve the agreement for Moorpark Boys & Girls Club/ Moorpark Basketball Association. STAFF RECOVMNDATION Approve five -year use agreement with Moorpark Boys & Girls Club/ Moorpark Basketball Association as submitted subject to final language approved by City Manager and City Attorney and authorize the City Manager to execute the agreement on behalf of the City. �� F. Honorable City Council September 4, 2002 Page 3 Attachments: Moorpark Boys & Girls Club/ Moorpark Basketball Association Agreement IJVV�V / AGREEMENT BETWEEN THE CITY OF MOORPARK AND THE BOYS AND GIRLS CLUB OF MOORPARK THIS USE AGREEMENT (hereinafter "Agreement ") is made and entered into as of this day of , 2002 by and between the CITY OF MOORPARK (hereinafter "City ") and Boys and Girls Club of Moorpark a nonprofit Boys and Girls Club serving the City of Moorpark, California (hereinafter "Boys and Girls Club "). THE PARTIES AGREE THAT: Section 1. PREMISES City, in consideration of the fees to be paid and of the indemnifications, covenants, and agreements agreed to herein, hereby grants to Boys and Girls Club, and Boys and Girls Club hereby accepts from City, the use of certain real property and associated with the gymnasium at Arroyo Vista Community Park (hereinafter Premises), adjacent to the Recreation Center located at 4550 Tierra Rejada Road, Moorpark, California, as more fully described in Exhibit "A" attached hereto and by this reference incorporated herein. The City's contact regarding the day -to -day activities and uses associated with this Agreement and use of Premises shall be with officials of Moorpark Basketball Association (hereinafter "MBA ") as designated in writing by the Boys and Girls Club. Section 2. TERM The term of this Agreement shall be for five years, commencing on December 1, 2002 and ending on November 30, 2007, provided however, that City's obligations hereunder shall be contingent upon Boys and Girls Club's payment in full of all use and related fees and fulfillment of all obligations as set forth in this Agreement. This Agreement may be terminated by either party with or without cause by providing written notice no less than thirty (30) days in advance of such termination. Section 3. USE FEES Boys and Girls Club further agrees to pay the City Use Fees for the period of December 1 through March 31 of each year, as follows: A. For the use of Premises during the gymnasium's normal hours of operation, defined as hours when the Arroyo Vista Recreation Center is open to the public, twelve ($ 12.00) dollars per hour; and - 1 - B. For use of Premises during the gymnasium's non - operating hours (defined as hours when the Arroyo Vista Recreation Center is not open to the public), thirty ($30.00) dollars per hour. C. In the event that City is required to perform cleaning on Premises following Boys and Girls Club's use, and as a result of Boy and Girls Club's lack of performance of maintenance as described in Section 12, an additional fee of fifteen ($15.00) dollars shall be billed to Boys and Girls Club for every thirty (30) minutes required to clean Premises by City. Each year, Boys and Girls Club agrees to deposit with City two hundred ($200.00) dollars as a cleaning deposit. Any fees remaining after March 30 each year shall be reimbursed to Boys and Girls Club. Boys and Girls Club agrees to pay use fees to City by December 31 . Any changes to the approved use scheduled for Premises shall be made in writing. Fees associated with the approved changes shall be paid to City no later than April 15 following the most recent MBA season. Section 4. ADJUSTMENTS USE OF FEES For the year December 1, 2002, and for each year this Agreement is in effect, the City may adjust the Use Fees, referenced in Section 3 on or before the beginning of the new year by giving Boys and Girls Club written notice prior to October 1. If no such notification is given, the Use Fees for the next year shall be the same amount as the prior year. Section 5. USE The Premises shall be used for the following specified purposes only and shall not be used for any other purpose without the prior written consent of the City: A. Boys and Girls Club shall use Premises for authorized MBA games and practices only. Said use is granted during the period of December through March (Winter Season). The specific days and hours will be finalized by the Director of Community Services prior to December 1 of each year, taking into account City recreation program needs and the needs of MBA. B. Use of Premises includes, but is not limited to, the bleachers and basketball standards. In consideration of use, Boys and Girls Club agrees to abide by the rules established by the City, including, but not limited to, restrictions on the consumption of food and beverages in Premises, and to enforce those rules on its players and bystanders. C. At all times, City retains the right to use Premise at its discretion for City sponsored and co- sponsored events upon no less than thirty (30) days written notice to Boys and Girls Club. During the Winter season, the general public shall have access to, and use of, said Premises at a time of day and or on a day that is not included in the written schedule submitted by the Boys and Girls Club in writing and approved in writing by the City. Boys and Girls Club shall not have priority use of Premises outside of the approved schedule. Boys and Girls Club agrees to attempt to secure other gymnasium facilities as they become available in future years, such as planned facilities at Chaparral Middle School and Moorpark High School. Section 6. SIGNS Boys and Girls Club agrees not to permit the construction or placement of any sign, signboard or other form of outdoor advertising on the Premises without the prior written consent of the City. In the event of a violation of this provision by Boys and Girls Club or any one claiming under Boys and Girls Club, Boys and Girls Club hereby authorizes City as Boys and Girls Club's Agent, to enter the Premises and to remove and dispose of any such sign, signboard or other advertising, and to charge the cost and expense of any such removal and disposal to Boys and Girls Club who agrees to pay the same upon demand. This provision does not exclude the use of identification banners for individual teams and sponsors, which may be displayed during games and shall be removed following the end of each game. Section 7. INDEMNIFICATION AND HOLD HARMLESS Boys and Girls Club hereby agrees to hold harmless and indemnify City, its officers, agents, and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and /or liability arising or growing out of loss or damage to property, including City's own personal property, or injury to or death of persons, including employees of City, resulting in any manner whatsoever directly or indirectly, by reason of this Agreement or the use of the Premises by Boys and Girls Club or any person claiming use under or through Boys and Girls Club unless such loss, damage, injury, or death is due to the sole negligence of the City. Boys and Girls Club shall also hold the City harmless from all costs and expenses, including costs of investigation arising out of or incurred in the defense of any claim, proceeding, or action brought for injury to persons or damage to property, resulting from or associated with the use of said Premises under this Agreement and shall further save and hold harmless the City from any and all orders, judgements, and decrees which may be entered in any and all such suit or actions. Boys and Girls Club and all others using said Premises under this Agreement hereby waive any and - 3 - all claims against the City of damage to persons or property in, or about said Premises. The City does not, and shall not, waive any rights that it may have against Boys and Girls Club by reason of this Section, because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to this Agreement. Said hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in this Section. The provisions of this Section 7 shall survive the expiration or termination of this Agreement. Section 8. LIABILITY INSURANCE As a condition precedent of the effectiveness of this Agreement, Boys and Girls Club shall procure, and thereafter maintain in full force and effect at Boys and Girls Club's sole cost and expense, a public liability insurance policy written with a company acceptable to City and authorized to do business in the State of California. Such policy shall provide for a minimum coverage of One Million Dollars ($1,000,000.00) for bodily injury or death of any person or persons in any one occurrence, and Five Hundred Thousand Dollars ($500,000.00) for loss by damage or injury to property in any one occurrence and shall include automobile coverage. The policy shall contain a provision providing for a broad form of contractual liability, including Product Liability coverage if food and beverages are dispensed on Premises. The policy or policies shall be written on an occurrence basis. The policy shall name Boys and Girls Club as the insured and the City as an additional insured. The policy shall also provide that the City shall be notified in writing, at least thirty (30) days prior to any termination, amendment cancellation or expiration thereof. Boys and Girls Club shall furnish City evidence of all insurance policies required by this Agreement in the form of a Certificate of Insurance. Section 9. CASUALTY INSURANCE The parties each specifically acknowledge that City shall not be obligated to keep the Premises insured against fire, or any other insurable risk. Boys and Girls Club hereby and forever waives all right to claim or recover damages from City in any amount as the result of any damage to the Premises by fire, earthquake, flooding, storm or any other cause. Section 10. IMPROVEMENTS Boys and Girls Club shall not make any alterations, additions, or improvements upon the Premises without the prior written consent of the City. All alterations, additions and improvements shall be done in a good and workmanlike manner and diligently - 4 - C prosecuted to completion, and shall be performed and maintained in strict accord with all Federal, State, County, and local laws, ordinances, codes and standards relating thereto. Performance of work shall be subject to City monitoring and inspection. At City's sole discretion, work may be stopped if it does not conform to City specifications and standards. Unless otherwise expressly agreed to in writing by the City, any alterations, additions and improvements shall remain on and be surrendered with the Premises upon the expiration or termination of this Agreement. Boys and Girls Club shall timely pay all costs associated with any and all improvements, and shall keep the Premises free and clear of all mechanics liens. Boys and Girls Club agrees to and shall indemnify, defend and save City free and harmless against all liability, loss, damage, costs, attorney's fees and other expenses of any nature resulting form any Boys and Girls Club alterations, additions or improvements to the Premises. At such time as Boys and Girls Club vacates Premises, all improvements to Premises not already owned by City shall become the property of the City unless otherwise authorized by City in writing. Section 11. FLAMMABLE MATERIAL, WASTE AND NUISANCES Boys and Girls Club agrees that it will not place or store any flammable materials on the Premises, that it will not commit any waste or damage, nor suffer any to be done. Boys and Girls Club also specifically agrees that it will not allow others to take such actions on the Premises. Boys and Girls Club further agrees that it will keep the Premises clean, free from weeds, rubbish and debris and in a condition satisfactory to City. Boys and Girls Club shall also provide adequate controls for dust, odors, noise which may emanate from the Premises or from Boys and Girls Club's activities on adjacent property and take appropriate steps necessary to prevent dust contamination of City's facilities located on, near or adjacent to the Premises. Boys and Girls Club agrees to take preventative action to eliminate such dust, odor, noise or any other nuisance which may disturb the adjacent or nearby community and agrees to be responsible for and to assume all liability for such dust, odor, noise or other nuisance disturbances. Boys and Girls Club also agrees that it shall not use amplified sound or field lighting on Premises for any reason, without the prior written consent of City. Notwithstanding the above, Boys and Girls Club shall not install, operate or maintain, or cause, or permit to be installed, operated or maintained any electrically charged fence on the Premises. - 5 - ell Section 12. PESTICIDES AND HERBICIDES Boys and Girls Club agrees that prior to any application of either pesticides or herbicides, it shall receive written consent from City, and further any pesticide or herbicide applications on the Premises shall be made in accordance with all Federal, State, County and local laws. Boys and Girls Club further agrees to dispose of any pesticides, herbicides or any other toxic substances which are declared to be either a health or environmental hazard in such a manner as prescribed by law. This shall include, but shall not be limited to, contaminated containers, clothing, equipment or any other contaminated material. Section 13. HAZARDOUS MATERIALS INDEMNITY Boys and Girls Club hereby agrees to indemnify and hold harmless City, and its respective officers, employees, and agents, from and against any and all claims, actions, losses, liabilities, costs and expenses: (a) including, without limitation, all foreseeable and all unforeseeable consequential damages, directly or indirectly arising out of the use, generation, storage or disposal of Hazardous Material on the Premises by Boys and Girls Club; and (b) including, without limitation, the cost of any required or necessary repair, cleanup, or detoxification and the preparation of any closure or other required plans, to the full extent that such action is attributable, directly or indirectly, to the presence, or use, generation, storage, release, threatened release, or disposal of Hazardous Materials on the Premises by Boys and Girls Club. As used in this Section, Hazardous Materials means any flammable explosives, radioactive materials, asbestos, PCBs, hazardous water, toxic substances of related materials, including, without limitation, substances, defined as "hazardous substances ", "hazardous materials ", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 USC, Section 9601, et seq.; the Resource Conservation and Recovery Act, 42 USC, Section 6901, et se q.; the Toxic Substances Control Act, 15 USC, Section 2601, et sue; any other Federal, State or local law applicable to the Premises; and in the rules and regulations adopted or promulgated under or pursuant to any of said laws. The provisions of this Section shall survive the expiration or earlier termination of this Agreement. Section 14. MAINTENANCE Except as specifically provided for in the Agreement, all maintenance of, and repairs to Premises shall be done at City's sole discretion and shall be performed by City force account or by City's authorized agent unless approved by City in writing. All maintenance and repair authorized to be performed by Boys and Girls - 6 - C+ ..q q Club shall adhere to City specifications and standards. All improvements shall meet City and other applicable codes, regulations, and standards including but not limited to building and zoning codes. A. During the period of December 1 through March 31, Boys and Girls Club shall be responsible to perform the following maintenance on Premises: Pick up all trash in and around Gym, including, but not limited to under the bleachers, on and around the floor and basketball court, and around the outside of the gymnasium. Place all trash in container provided by City. After use on Fridays, Saturdays, and Sundays, empty contents of trash containers and deposit in dumpster located in the parking lot. Insert new liners in trash container with liners provided by City. 2. Dust mop the Gym hardwood floor after use each day with mop provided by City. After use on days when MBA is last to use Premises, whether use is for practices or games, treat hardwood floors with mop and solution provided by City and using method demonstrated by City. 3. Sweep non - hardwood floor after play on days when MBA is last to use Premises using broom and pan provided by City; deposit debris in trash container. City shall not be obligated to repair, replace or maintain the Premises in any manner throughout the term of this Agreement. City shall not be obligated to perform any precautionary or preventative measures with respect to the Premises, including, but not limited to drainage and flood control measures. Should City perform any of the foregoing, such services shall be at the sole discretion of City, and the performance of such services shall not be construed as an obligation or warranty by City of the future or ongoing performance of such services. Section 15. ENTRY BY CITY City may enter upon the Premises at all reasonable times to examine the condition thereof, and for the purpose of providing maintenance and making such repairs as City desires to make. Section 16. GOVERNING LAW Boys and Girls Club agrees that in the exercise of its rights under this Agreement, Boys and Girls Club shall comply with all applicable Federal, State, County and City - 7 - laws and regulations in connection with its use of the Premises. The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions shall be determined in accordance with the laws of the State of California. Section 17. DISCRIMINATION Boys and Girls Club agrees not to discriminate against any person or class of persons by reason of race, color, creed, or national origin in the use of the Premises. Section 18. ASSIGNMENT AND SUBLETTING Boys and Girls Club shall not assign this Agreement, or any interest therein, and shall not assign use of the Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other person (the agents and servants of Boys and Girls Club excepted) to occupy or use the Premises, or any portion thereof, without the prior written consent of City. A consent to one assignment, subletting, occupation, or use by another person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. This Agreement shall not, or shall any interest therein, be assignable, as to the interest of Boys and Girls Club, by operation of law, without the written consent of City. Any assignment or subletting without such consent shall be void, and shall, at the option of the City, terminate this Agreement. No legal title or interest in Premises is created or vested in Boys and Girls Club by this Agreement. Section 19. INSOLVENCY OR BANKRUPTCY If Boys and Girls Club shall be adjudged bankrupt or insolvent, this Agreement shall thereupon immediately terminate and the same shall not be assignable by any process of law, or be treated as an asset of the Boys and Girls Club under such adjudication, nor shall it pass under the control of any trustee or assignee by virtue of any process in bankruptcy or insolvency, or by execution or assignment for the benefit of creditors. If any such event occurs, this Agreement shall immediately become null and void and of no effect, and City may thereupon repossess said Premises and all rights of the Boys and Girls Club thereupon shall cease and terminate. Section 20. DEFAULT OR BREACH Except as otherwise provided, at any time one party to this Agreement is in default or breach in the performance of any of the terms and conditions of this Agreement, the other party shall give written notice to remedy such default or breach. If default or breach is remedied within 30 days following such notice, then this Agreement shall continue in full force and effect. If such default or breach is not remedied - 8 - within 30 days following such notice or if the nature of the default is such that it cannot reasonably be cured within 30 days, if Boys and Girls Club fails to commence to cure within the 30 day period, the other party may, at its option, terminate this Agreement. Such termination shall not be considered a waiver of damages or other remedies available to either party because of such default or breach. Each term and condition of this Agreement shall be deemed to be both a covenant and a condition. Section 21. INTERPRETATION Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. Section 22. WAIVER A waiver by either party or any default or breach by the other party in the performance of any of the covenants, terms or conditions of this Agreement shall not constitute or be deemed a waiver of any subsequent or other default or breach. Section 23. ACQUIESCENCE No acquiescence, failure or neglect of any party hereto to insist on strict performance of any or all of the terms hereof in one instance shall be considered or constitute a waiver of the rights to insist upon strict performance of the terms hereof in any subsequent instance. Section 24. PARTIES BOUND AND BENEFITED The covenants and conditions herein contained shall apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto; and all of the parties hereto shall be jointly and severally liable hereunder. Section 25. CONDEMNATION If the whole of the Premises should be taken by a public authority under the power of eminent domain, then the term of this Agreement shall cease on the day of possession by the public authority. If a part only of the Premises should be taken under eminent domain, Boys and Girls Club shall have the right to either terminate this Agreement or to continue in possession of the remainder of the Premises. If Boys and Girls Club remains in possession, all of the terms hereof shall continue in effect, with the fees payable being reduced proportionately for the balance of the Agreement term. 9 - Section 26. TIME Time is of the essence of this Agreement. Section 27. REMEDIES In case of the failure or refusal of Boys and Girls Club to comply with and perform each and all of the terms and covenants on its part herein contained, this Agreement and all rights hereby given shall, at the option of City, cease and terminate, and City shall have the right forthwith to remove Boys and Girls Club's personal property from the Premises at the sole cost, expense and risk of Boys and Girls Club, which cost and expense Boys and Girls Club agrees to pay to City upon demand, together with interest thereon at the maximum rate allowed by law from the date of expenditure by City. Section 28. NOTICES AND PAYMENT All notices required under this Agreement including change of address shall be in writing, and all notices and payments shall be made as follows: A. All payments and notices to Boys and Girls Club shall be given or mailed to the current MBA Commissioner with a copy mailed to the Board President of Boys and Girls Club. It is the responsibility of Boys and Girls Club to notify City when there has been a change with regard to the individual serving as MBA Commissioner and to provide City with name, address, and 24 -hour contact phone number of the new Commissioner: Moorpark Basketball Association Birdie Peters 4162 Sterling View Dr. Moorpark, CA 92021 Phone Number: 532 -9966 (H), 501 -1901 (W) Notices to be copied to: Boys and Girls Club of Moorpark (Attn: Executive Director) 280 Casey Road Moorpark, CA 93021 - 10 - B. All payments and notices to City shall be given or mailed to: City of Moorpark City Manager 799 Moorpark Avenue Moorpark, CA 93021 Attention: Director of Community Services Section 29. PARTIAL INVALIDITY If any term, covenant, condition or provision of this Agreement is found by a Court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Section 30. GENDER AND NUMBER For the purpose of this Agreement wherever the masculine or neuter form is used, the same shall include the masculine or feminine, and the singular number shall include the plural and the plural number shall include the singular, wherever the context so requires. Section 31. PARAGRAPH HEADINGS Paragraph headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants and conditions of this Agreement. Section 32. MODIFICATION This Agreement may be terminated, extended or amended in writing by the mutual written consent of the parties hereto. Such amendments may be executed by the City Manager on behalf of the City. - 11 - Section 33. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the parties, and supersedes all previous negotiations and understandings between the parties. There are no representations, warranties or commitments, oral or written, other than those expressly set forth herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representative as of the date first written above. City of Moorpark Moorpark Boys and Girls Club By: By: Steven Kueny, City Manager Board President Attest: Deborah Traffenstedt, City Clerk Moorpark Basketball Association - 12 - Commissioner i> c r{ 0 Tennis Courts EXHIBIT A MOORPARK CITY COUNCIL AGENDA REPORT ITEM 1 1 0 E . r' 61 —4- -r100 ;;L r.% A-pproJ,--J TO: Honorable City Council FROM: Barry K. Hogan Community Development Director DATE: August 27, 2002 (CC Meeting of 9/4/2002) SUBJECT: Director Determination of Use in the M -1 Zone for a Proposed Harley Davidson Dealership Pursuant to Section 17.040.050J. BACKGROUND Section 17.040.050J. gives the Community Development Director the authority to interpret the regulations and standards of the Zoning Ordinance when such interpretation is necessitated by a lack of specificity in the Zoning Ordinance. A potential owner of a new Harley Davidson dealership desires to locate in Moorpark, specifically in the M -1 zone. The use is not listed in the Zoning Ordinance and therefore, is subject to interpretation by the Community Development Director. DISCUSSION In determining similarity of a potential use in a zone, consideration is given to the characteristics and operation of the use, its potential impacts to the surrounding area, and its compatibility with the uses allowed in the zone. Characteristics of the Use: The proposed use is a factory authorized Harley Davidson Motorcycle dealership. There would be sales of new Harley Davidson and Buell (made by Harley Davidson) motorcycles, service for the motorcycles, signature clothing and parts sales, and storage /shipping of parts, clothing, and related materials. The showroom would occupy approximately fifty percent (50 0) of the floor area with the remainder of floor area devoted to the other uses. All service and repairs would be inside as well as all display of new S: \Community Development \C U P\ cc02O9O4stfrptHarleyDavidson .doc xr ► A v �.' MY v l Honorable City Council September 4, 2002 Page 2 vehicles. It is estimated that there would be approximately 220 motorcycles sold in the first year. While the code does not have a single use that is similar in nature to the proposed use, components of the proposed use may be found in listed uses such as automobile repair, warehousing and storage, retail sales, business services such as exhibition halls, and transportation services. Potential impacts to the surrounding area: The most critical impacts to the surrounding area would be from traffic and noise. This use is not expected to generate any more traffic or noise than automotive repair, retail services, exhibition halls or transportation services. Some concerns relative to noise might be generated relative to any outside repair or testing of vehicles from the service area, however, all repairs are proposed to be inside the building. Compatibility with surrounding uses allowed in the zone: A variety of uses are permitted and permitted subject to a conditional use permit in the M -1 zone. There is a potential, unless conditioned, for the proposed use to become incompatible to existing and future uses in the zone. Therefore, it would be appropriate to require approval of a conditional use permit for such a use. A conditional use permit would allow the City to add conditions necessary to ensure compatibility with surrounding uses. DIRECTOR DETERMINATION It is the determination of the Community Development Director, based upon the analysis presented in this report, that a motorcycle dealership with service, storage and retail sales is allowed in the M -1 zone subject to approval of a conditional use permit by the City Council. STAFF RECOMMENDATION Concur with the Community Development Director's determination. ITEM I' • F• a -� -ate A ppru_e.d MOORPARK CITY COUNCIL x AGENDA REPORT TO: Honorable City Council FROM: Julie C.T. Hernandez, Senior Management Analys DATE: August 28, 2002 (CC Meeting of 9/4/02) SUBJECT: Consider a Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley Neighborhoods for Learning BACKGROUND Proposition 10 and NfL's. First 5- Ventura County is a program funded by the State of California's First 5 Commission from Proposition 10- Tobacco Tax funds, and is administered by the Children and Families First Commission of Ventura County. The Children and Families First Commission of Ventura County has made available $6.4 million countywide for the creation of Neighborhoods for Learning (NfL). The $6.4 million is only a portion of the annual $11.7 million in Prop. 10- Tobacco Tax funding that will flow to the Commission from the State of California each year. Of the $6.4 million allocated for NfL's, approximately $1.49 million has been allocated on an annual basis for the Moorpark /Simi Valley Corridor NfL. Funds are awarded in three - year cycles. The NfL's are required to provide services to children ages 0 -5 and their families that will maximize school readiness by transforming fragmented, under - funded programs into a comprehensive, organized, integrated and well - funded system. Services must be comprehensive, culturally competent, integrated, and high quality. The NfL's must embrace the following concepts: quality preschool, healthy starts for children, parent empowerment, family friendly workplaces, and connections across generations. v V' .4 '�-y .✓ NfL Collaboration MOU 08/28/02 Page 2 of 6 NfL proposals will be judged, positively that are innovative, far - reaching, and sustainable, and that provide services covering the following developmental service areas: • Children will be emotionally, socially, and academically ready for school. Proposals will also be judged based on the level of matching funds and in -kind services that are available to stretch the Prop 10 dollars. A minimum match of loo in either cash or in- kind contributions is required. NfL's will be required to provide outcome data on an annual basis to continue to receive funding. Outcomes will be measured by indicators of school readiness. If, at the end of the three - year cycle, the NfL is successful in implementing its programs and meeting its performance goals, continued funding can be requested each funding cycle for as long as twenty -five years. Moorpark /Simi Valley NfL. A Planning Committee of approximately thirty people from Moorpark and Simi Valley has been meeting for two years to complete the following grant - planning activities: survey, analysis, and prioritization of needs; identifying, planning and budgeting services to meet those needs; and establishing a governance structure to implement the provision of services. The Planning Committee is made up of people who live or work in Moorpark or Simi Valley, or who provide services to this area. The Moorpark - portion of this Committee includes fourteen people, including two staff members from the City. The actual total amount of funds available to the Moorpark /Simi Corridor each year for three years is $1,489,998. Of that, the Planning Committee utilized a formula to divide up the funds, with $516,986 available to Moorpark and $973,012 available to Simi. The weighted formula took into account the numbers of children in each community ages 0 -5; school readiness of each community using Stanford 9 scores and the size of the child care waiting list for the community; and financial need in each community using income of the community and free lunch statistics. This methodology is very similar to the formula that was used by the Children and Families First Commission to divide up the NfL funds on a Countywide basis. NfL Collaboration MOU 08/28/02 Page 3 of 6 A parent survey in English and Spanish was sent out to every 1"- 3rd grade class in the Moorpark Unified School District to help identify school readiness needs. Of that survey, 439 surveys were returned. In addition, focus groups were held with local service providers and parent groups to help identify the school readiness needs in Moorpark. From that data, which was analyzed by the County Superintendent of Schools Office, a list of "Top Ten Priorities in Moorpark" was developed by the Moorpark NfL Planning Committee, which includes (in response order): 1. Child Care (particularly children ages 0 -2 and special needs children) 2. Parent /Child Activities (for children ages 0 -5) 3. Family Violence /Gang Prevention 4. Teen Parenting Education /Support; Employment Services; and Food /Nutrition Support 5. Housing Assistance; Emotional Support /Counseling; and Transportation (out of City) 6. Drug /Alcohol Abuse Services Note that several of the Top Ten were tied in their number of responses, and are grouped accordingly. Of the Top Ten, five were identified as already existing services that were simply inaccessible, usually due to being located out -of -town (in Simi Valley or Ventura) . One, Housing Assistance, was determined to be a much larger issue than could be addressed by NfL funds; therefore, this item is being addressed by establishing Housing Information and Advocacy as a service. To address these six needs, the Moorpark NfL is proposing to fund an innovative combination of a mini under -one- roof type office, along with a similar service that will travel to various Moorpark neighborhoods. Neighborhoods that have been selected to receive mobile services, upon recommendation by the Moorpark Unified School District, are: Villa Campesina; Campus Park East and West; La Colonia; Home Acres; Happy Camp; and ranches surrounding Moorpark. 1.0 v ELV� NfL Collaboration MOU 08/28/02 Page 4 of 6 The four remaining priorities to be addressed with new programming included: Child- Care; Parent /Child Activities; Food /Nutrition; and Transportation. To address all of the priorities, the following programs are proposed to be provided by the Moorpark NfL. Funding levels are still tentative, as program costs and administrative costs for Contract Administration services from Moorpark College continue to be researched and finalized: • Sliding Scale child care scholarships for 100 eligible children ages 0 -2, with a proportionate amount specifically available for special needs infants ($200,000); • Child care provider training programs to enhance the skills of existing providers, and to begin new child care centers ($30,000); • A family day care support group ($1,000) • Sliding scale nutrition scrip and coordination of food pantry donation activities ($30,000) • Dial -a -ride transportation for medical and social service appointments ($45,000) • Mobile neighborhood school readiness program to neighborhoods previously listed ($61,000) • Parent education programs($24,000) • A parent -to- parent support /mentoring group($1,000) • A mobile family resource center to neighborhoods previously listed; including an under - one -roof type site with outreach and coordination staff ($55,550) Once the grant funding is awarded and received, currently forecast for January 2003, a thirty -one person Steering Committee will take over the administration of the funds and the implementation of the programs, with Moorpark College acting as the Fiscal Agent for the grant. Of the thirty -one, twenty -eight make up the two subcommittees that govern the two communities, or fourteen from each community. The thirty -one members include: parents (10- including a special needs parent and a minor parent from each community; five must be from Simi and five must be from Moorpark); school districts (4 -two from each community); preschool /homecare (2 -one from each community); and at -large (12- with preference given to members of the faith NfL Collaboration MOU 08/28/02 Page 5 of 6 community, business, non - profit service providers, and medical /mental health care providers; six must be from Simi and six must be from Moorpark). In addition, three representatives would be members representing' both areas: County of Ventura Social Services; Infant /Toddler Advocate; and Moorpark College Child Development. It was agreed that the two cities, the County Supervisor's Office, and each area's parks and recreation office would each be allowed to have one (1) ex officio member to serve as a non- voting member of the Steering Committee. In making governance decisions by the full 31- member Steering Committee, the following rules were agreed to apply: • Decisions for funding of City- specific projects (projects that would only occur in one community) shall be made by Steering Committee representatives of that community, as designated by the category to which they are appointed. • Decisions for award of contracts to service providers for City- specific projects shall be made by Steering Committee representatives of that community, as designated by the category they are appointed to. • Recommendations for non - appointed Steering Committee members for each community shall be made by Steering Committee representatives of that community, as designated by the category they are appointed to. The full Steering Committee shall retain the final approval of Steering Committee members after taking into account the wishes of the community and the balance of the Steering Committee for representation, diversity and effectiveness. • All other decisions are to be made by the full Steering Committee. NfL Collaboration MOU 08/28/02 Page 6 of 6 DISCUSSION The Planning Committee is in the final stages of writing the grant and finalizing the budget figures. The grant proposal is due on September 23, 2002; with oral interviews of the Planning Committee set for the first week of November; and the Children and Families First Commission's approval at their meeting of November 7, 2002. These timelines and approvals are not automatic, and will depend on whether the grant application is deemed complete and representative of the Commission's stated goals and objectives for the NfL program. One piece of the grant proposal is still needed, which is to gain a Memorandum of Understanding from each agency interested in collaborating with the NfL. This includes the City of Moorpark. The City would be asked to collaborate by committing resources to the NfL, which would be used towards meeting the required loo match for the grant. After reviewing the request, agree to continue to commit been provided to the Plannii free meeting space for NfL These in -kind resources can NfL for their loo match. STAFF RECOMMENDATION staff is recommending that the City those in -kind resources that have Zg effort to date: staff time and meetings when space is available. be quantified and utilized by the Approve the proposed Collaboration Memorandum of Understanding (MOU) with the Moorpark /Simi Valley NfL, subject to final language approval of the City Manager and authorize the City Manager to execute the MOU on the City's behalf. Attached: Collaboration Memorandum of Understanding with the Moorpark /Simi Valley NfL MEMORANDUM OF UNDERSTANDING CITY OF MOORPARK and MOORPARK/SIMI VALLEY NEIGHBORHOODS FOR LEARNING This Memorandum of understanding is entered into by and between the City of Moorpark and the Moorpark/Simi Valley Neighborhoods for Learning. Purpose: The purpose of this Memorandum of Understanding (MOU) is to describe. Establish and maintain an effective working relationship between the City of Moorpark and the Moorpark/Simi Valley Neighborhoods for Learning (M /SV NfL). The City and M /SV NfL will work together to administer the M /SV NfL and provide services to the Moorpark community through the M /SV NfL that will build capacity for early child and family services and improve health, mental health, and education services for children 0 -5 and their families. Term: The term of this MOU shall be three years, and shall begin on November 1, 2002 and continue through November 1, 2005, In Kind Match: Services provided by the City to the M /SV NfL shall include all personnel costs for staff participation as an Ex- officio member of the Board of Directors of the M /SV NfL. Computer equipment and software for data collection, analysis, and report preparation may also be provided by the City at no cost to the NfL. Use of City facilities, when available, for meetings of the M /SV NfL may also be provided by the City at no cost to the M /SV NfL. Moorpark/Simi Valley NfL agrees to: provide funding in the amount of $516,986; governance according to the principles outlined in the grant proposal and adopted by the Planning Committee; and centralized administration and representation services, including adequate personnel to carry out these duties. Moorpark College shall serve as Fiscal Agent for the M /SV NfL and will assume contract administration and fiscal responsibility for funding provided to the M /SV NfL by the Children and Families First Commission of Ventura County. Moorpark College will provide accounting and payroll support; personnel, information systems, and custodial services; and physical housing and support for the Moorpark/Simi Valley NfL Coordinator and Administrative Assistant. Description of Services: City of Moorpark responsibilities: The City shall provide at no cost to the M /SV NfL: 1. Staff participation as an Ex- officio member of the Board of Directors of the M /SV NfL. 2. Computer equipment and software for data collection, analysis, and report preparation. 3. Use of City facilities for meetings, when facilities are available. Moorpark/Simi Valley NfL responsibilities: The M /SV NfL shall provide in Moorpark: 1. Sliding Scale child care scholarships for 100 eligible children ages 0 -2, with a proportionate amount specifically available for special needs infants. 2. Child care provider training programs to enhance the skills of existing providers, and to begin new child care centers. 3. A family day care support group. 4. Sliding scale nutrition scrip and coordination of food pantry donation activities. 5. Dial -a -ride transportation for medical and social service appointments. 6. Mobile neighborhood school readiness program to neighborhoods previously listed. 7. Parent education programs. 8. A parent -to- parent support/mentoring group. 9. A mobile family resource center to neighborhoods previously listed; including an under - one -roof type site with outreach and coordination staff. General Provisions: This MOU may be amended by written mutual consent of both parties. Authorized Representatives: City of Moorpark Moorpark/Simi Valley NfL Moorpark College s, . ,.4 I'T'EM i i -F- MEMORANDUM OF UNDERSTANDING CITY OF MOORPARK and MOORPARK/SIMI VALLEY NEIGHBORHOODS FOR LEARNING and MOORPARK COLLEGE This Memorandum of understanding is entered into by and between the City of Moorpark and the Moorpark/Simi Valley Neighborhoods for Learning. Purpose: The purpose of this Memorandum of Understanding (MOU) is to describe,.,establish -and maintain an effective working relationship between the City of Moorpark and the Moorpark/Simi Valley Neighborhoods for Learning (M /SV NfL). The City and M /SV Nfl- will work together to administer the M /SV Nfl- and provide services to the Moorpark community through the M /SV Nfl- that will build capacity for early child and family services and improve health, mental health, and education services for children 0 -5 and their families. Deleted: . Deleted. E Term: The term of this MOU shall be three years, and shall begin on or about November 1, 2002, or if later, on the date on which the Nfl- grant is _ awarded and continue for thirty -six months after Nfl- grant award, on or about, (Deleted: through November 1, 2005, In Kind Match: Services provided by the City to the M /SV Nfl- shall include all personnel costs for staff participation as an Ex- officio member of the Board of Directors of the M /SV NfL. Computer equipment and software used for data collection, analysis, and report preparation by City staff as a result of participation in the Nfl- may also be provided by the City at no cost to the NfL. Use of City facilities, when available, for meetings of the M /SV Nfl- may also be provided by the City at no cost to the M /SV NfL. Moorpark/Simi Valley Nfl- agrees to: provide programmatic administration of Nfl- grant funding targeted to the Moorpark area in the amount of $516,986; governance according to the principles outlined in the grant proposal and adopted by the Moorpark /Simi Valley Nfl- Planning Committee; and centralized administration and representation services, including adequate personnel to carry out these duties. Moorpark College shall serve as Fiscal Agent for the M /SV Nfl- and will assume contract administration and fiscal responsibility for funding provided to the M /SV NfL by the Children and Families First Commission of Ventura County. Moorpark College will provide accounting and payroll support; personnel, information systems, and custodial services; and physical office space rand Deleted: housing administrative /fiscal support for the Moorpark/Simi Valley NfL Coordinator and Administrative Assistant. pescription of Services: City of Moorpark responsibilities: The City shall provide at no cost to the M /SV NfL: Staff participation as an Ex- officio member of the Board of Directors of the M /SV NfL. Computer equipment and software for data collection, analysis, and report preparation used by City staff resulting from rom participation in the NfL. Use of City facilities for meetings, when facilities are available. Moorpark/Simi Valley NfL responsibilities: The M /SV NfL shall provide in Moorpark: 1. Sliding Scale child care scholarships for a goal of 209eligible children ages 0 --5, with a proportionate amount specifically available for special needs children. - - .. - - 2. Child care provider training programs to enhance the skills of existing providers, and to begin new child care centers. 3. A family day care support group. 4. Sliding scale nutrition scrip and coordination of food pantry donation activities. 5. Dial -a -ride transportation for medical and social service appointments. 6. Mobile neighborhood school readiness program to a minimum of the following neighborhoods;Villa Campesina: Campus Park East and West; Virginia Colony /La Colonia: Home Acres; Happy Camp; and ranches surrounding Moorpark. 7. Parent education programs. 8. A parent -to- parent support/mentoring group. 9. A mobile family resource center to neighborhoods previously listed; including an under - one -roof type site with outreach and coordination staff, to be located in the Downtown area. •-- - . . . ... ......................... __ Deleted: 9 i v Formatted. Indent: Left: 0" Formatted: Indent: Left: 0" Deleted: 100 -_— ._......__...__ _....._ ................._._� Deleted: 2 Deleted: infants - - - -' Deleted: previously listed Moorpark College responsibilities: Moorpark College shall provide: 1. Fiscal Agent services for the M /SV NfL, including assuminq contract administration and fiscal responsibility for funding provided to the M /SV NfL by the Children and Families First Commission of Ventura County. 2. Accounting and payroll support; personnel, information systems, and custodial services; and physical office space and administrative /fiscal support for the Moorpark/Simi Valley NfL Coordinator and Administrative Assistant. General Provisions: This MOU may be amended by written mutual consent of the threuarties. Authorized Representatives: City of Moorpark Moorpark College Moorpark/Simi Valley NfL Formatted: Bullets and Numbering Deleted: 9 .......... __.._ ..... _...... _ _.........._., Deleted: both _.. TO: FROM: DATE: rrEM 11*Go �.. Approvead LL) �-1 h 0.me►,d MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council Deborah S. Traffenstedt, ATCM /City Clerk 'D 5r August 29, 2002 (CC Meeting of 9/4/02) SUBJECT: Consider Resolution Amending Personnel Rules and Regulations for the Positions in the Competitive Service and Rescinding Resolution No. 2001 -1890 BACKGROUND The City of Moorpark adopted its Personnel Rules for competitive service employees in 1985, and amended those Rules in 1999 and 2001. The current proposed update to the Personnel Rules is primarily intended to incorporate corrections to Rule 13, Attendance and Leaves (Section 13.3., Leave of Absence; Section 13.10, Sick Leave; Section 13.11, Family and Medical Leave; and Section 13.12, California Family Rights Act Leave). In addition to the Rule 13 revisions, staff is proposing the addition of a definition for "Veteran" to Rule 1, Definition of Terms; the addition of language in Section 2.14, Employment of Family Members, and Section 2.15, Concurrent Employment and Membership on City Council, Commissions or Boards; the addition of language in Section 11.5, Reinstatement, clarifying that a resignation must be in good standing to allow reinstatement; the addition of language in Section 15.1, Matters Subject to Grievance Procedures, pertaining to exceptions; the addition of language in Section 16.5 clarifying the minimum notice period for a resignation; and other minor edits as shown through the use of legislative format in Exhibit A to the attached draft resolution. DISCUSSION As summarized above, revisions have been incorporated into the Personnel Rules (Exhibit A to attached draft resolution) as shown through the use of legislative format. The only change to Rule 1 is the addition of a "Veteran" definition, which is needed for the provision of a Veteran's preference in the hiring process (already addressed in the Personnel Rules) . The revisions to Section 2.14, Employment of Family Members address son -in -law, daughter -in -law, and domestic S: \City Clerk \Everyone \Staff Reports \SR020904 Personnel Rules.doc Honorable City Council September 4, 2002 Meeting Page 2 partner. The revision to Section 2.15, Concurrent Employment and Membership on City Council, Commissions or Boards, was to delete Mobile Home Park Rent Review Board and recognize the Council appointment procedure. The addition of language in Section 11.5, Reinstatement, is intended to clarify that a resignation must be in good standing to allow reinstatement. The various revisions made to Rule 13, Attendance and Leaves, were recommended by the City Attorney's Office, to achieve legal compliance with current laws. The added language regarding use of sick leave for a domestic partner is State law effective January 1, 2002. Revisions were made to both Rule 13 and Rule 16 pertaining to the minimum resignation notice period. The additional language added in Section 15.1, Matters Subject to Grievance Procedures, is intended to clarify grievance exceptions pertaining to a performance evaluation. Staff is requesting that the City Council adopt the attached resolution approving the revised Personnel Rules. (Legislative format will be removed from the final City Council resolution.) STAFF RECOMMENDATION Adopt Resolution No. 2002- Attachment: Draft Resolution including Exhibit A (Revised Personnel Rules) K� ,i � '';..�"1 :rte •r� RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING REVISED PERSONNEL SYSTEM RULES AND REGULATIONS FOR POSITIONS IN THE COMPETITIVE SERVICE AND RESCINDING RESOLUTION NO. 2001 -1890 WHEREAS, the City Council is authorized and directed under the provisions of Chapter 2.56 of Title 2 of the Moorpark Municipal Code to adopt by resolution of the City Council rules for the administration of the personnel system created in said chapter; and WHEREAS, the objectives of these rules are to facilitate efficient and economical services to the public and to provide for an equitable system of personnel management in the municipal government; and WHEREAS, these rules set forth in detail those procedures which insure similar treatment for those who compete for original employment and promotion, and define many of the obligations, rights, privileges and prohibitions which are placed upon all employees in the competitive service of the City; and WHEREAS, at the same time, within the limits of administrative feasibility, considerable latitude shall be given the City Manager and the Personnel Director in the interpretation of these rules; and WHEREAS, Resolution No. 2001 -1890 previously established personnel system rules and regulations for the City, that are now proposed to be updated and Resolution No. 2001 -1890 rescinded. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the Personnel System Rules and Regulations for Positions in the Competitive Service, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. Resolution No. 2001 -1890 is hereby rescinded in its entirety. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. Resolution No. 2002 - Page 2 PASSED AND ADOPTED this 4th day of September, 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: City of Moorpark Personnel System Rules and Regulations for Positions in the Competitive Service 1Zesoiution No. 2002 - Page 3 EXHIBIT A Resolution No. 2002- City of Moorpark Personnel System Rules and Regulations for Positions in the Competitive Service Resolution No. 200-12-1890 Page 4 INDEX OF PERSONNEL RULES ' City of Moorpark Personnel Rules 4Approval Date: �-v- __ - -24 84-�- (Revised 8/29/02) r* Pages RULE 1 DEFINITION OF TERMS 05 - 11 RULE 2 GENERAL PROVISIONS 11 - 19 RULE 3 CLASSIFICATION 19 - 2 -12 RULE 4 COMPENSATION 2472 - 249 RULE 5 APPLICATIONS AND APPLICANTS 29 - 30 RULE 6 EXAMINATIONS 30 - 31 RULE 7 EMPLOYMENT LISTS AND APPOINTMENTS 31 - 35 RULE 8 PROBATIONARY PERIOD 35 - 37 RULE 9 EMPLOYEE PERFORMANCE EVALUATION 37 - 38 RULE 10 EMPLOYEE LAYOFF POLICY AND PROCEDURES 38 - 40 RULE 11 TRANSFER, DEMOTION, SUSPENSION, AND REINSTATEMENT 40 - 42 RULE 12 PRE - DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES 42 - 49 RULE 13 ATTENDANCE AND LEAVES 49 - 7Gi RULE 14 WORKER'S COMPENSATION 7 -G1 - 7.67 RULE 15 GRIEVANCE PROCEDURES 7 -67 - 7-:7-9 RULE 16 EMPLOYEE REPORTS AND RECORDS 7�9 - 4-680 ' City of Moorpark Personnel Rules 4Approval Date: �-v- __ - -24 84-�- (Revised 8/29/02) r* Resolution No. 200 ? -3�98 Page 5 RULE 1. DEFINITION OF TERMS All words and terms used in this section and in an ordinance or resolution dealing with personnel policies or procedures shall be defined as they are normally and generally defined in the field of personnel administration, and shall have the meanings as defined herein below: Section 1.1. "Advancement ": A salary increase within the limits of a pay range established for a class. Section 1.2. to its proper authority and experience and a salary range "Allocation ": The assignment of a single position class in accordance with the duties performed, the responsibilities exercised, and the educational, other requirements; or the assignment of a class to or rate. Section 1.3. "Anniversary Date" or "Salary Anniversary Date ": The date on which a probationary or regular employee completes his /her probationary period, on the basis of at least satisfactory job performance. The initial date is one (1) year from the date of hiring and coincides with the end of the original probationary period. If the probationary period is extended pursuant to the applicable rules, then the "Anniversary Date" is the date on which such extended probationary period ends. Section 1.4. "Appointing Authority ": The City Manager and those employees of the City to whom the authority to make appointments has been delegated by the City Manager, unless otherwise designated by state law or municipal code. Section 1.5. position. "Appointment ": The employment of a person in a Section 1.6. "Base Salary" or "Base Rate of Pay ": The salary range and step established in a salary resolution by the City Council, exclusive of any overtime, shift - differential, incentive or other type of premium pay an employee may receive. Section 1.7. "Call Back Duty": Occurs when an employee is unexpectedly ordered by his /her department to return to duty following the termination of his /her normal work shift or work week and departure from his /her location because of unanticipated work requirements. Section 1.8. "Candidate ": An applicant in the process of examination and selection. City of Moorpark Personnel Rules = Approval Date:=,`= `r'jg (Revised 8/29/02) Resolution No. 2004-2 -1899 Page 6 Section 1.9. "Certification ": Establishment of an Eligibility List by the Personnel Officer and the submission of the eligible names to the appointing authority. Section 1.10. "City": Moorpark, California. Section 1.11. "City Council" or Council ": Moorpark City Council. Section 1.12. "Class ": All positions sufficiently similar in duties, authority, and responsibility to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion and compensation. Section 1.13. "Classification Plan ": The designation by resolution of the City Council of a title for each class, together with the specifications for each class, as prepared and maintained by the Personnel Officer. Section 1.14. "Class Specifications ": A written description of a s class, etting forth the essential characteristics, knowledge, skills, abilities, and requirements of positions in the class. Section 1.15. "Compensatory Time Off ": Time taken off, with pay, from work in lieu of receiving payment for overtime previously accrued by an employee. Section 1.16. "Competitive Service ": All positions of employment in the service of the city, except those specifically excluded by the Personnel Resolution. Section 1.17. "Continuous Service ": The employment, without break or interruption, of an employee having a probationary or regular appointment. A break or interruption in continuous service shall be construed as a severance of the employee from his /her employment initiated by either the City or the employee for periods of more than fifteen consecutive calendar days. Section 1.18 stated. "Days ": Means calendar days unless otherwise Section 1.19. "Demotion ": The voluntary or involuntary movement of an employee from a position in one class to a position in another class having a lower maximum base salary. Section 1.20. "Departmental Rules ": Rules that departments may establish relating to their specific operational needs. These rules must conform to related laws and must not conflict with the City's Personnel Rules. City of Moorpark Personnel Rules - Approval Date:°°"= (Revised 8/29/02) Resolution No. 200 -2 -9 Page 7 Section 1.21. "Disciplinary Action ": The dismissal, demotion, reduction in salary, suspension, required payment of restitution, issuance of a written reprimand or verbal admonishment of a regular or probationary employee for punitive reasons and not for any non - punitive reasons. Section 1.22. "Dismissal ": The involuntary separation of an employee from City employment. Section 1.23. "Eligible ": A person whose name is on an employment list for a position in the Competitive Service, who may be appointed to a vacant position, as provided by the Personnel Rules. Section 1.24. "Employee ": A person occupying a position in City employment. Section 1.25. "Employment List ": a. Open employment list: A list of names of persons who have taken an open- competitive examination for a class, which is in the Competitive Service, and have qualified. b. Promotional examination: An examination for a particular class, which is open to all persons meeting the qualifications for the class. Section 1.26. "Examination ": a. Open- competitive examination: An examination for a particular class, which is open to all persons meeting the qualifications for the class. b. Promotional examination: An examination for a particular class, which is open only to employees meeting the qualifications for the class. C. Continuous examination: An open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one year. Section 1.27. "Full -Time Employee ": An employee regularly scheduled to work and occupying a full -time position. Section 1.28. "Full -Time Position ": A position in the Competitive Service of the City, which requires at least forty (40) hours of work per week. City of Moorpark Personnel Rules = Approval Date:;,'. = (Revised 8/29/02) p• r >, g Resolution No. 200-1-2-1890 Page 8 Section 1.29. "Interim Appointment ": The appointment of a person to an interim position. Section 1.30. "Interim Position ": A temporary full -time or part - time position for a designated period of time which may extend beyond the one (1) year limit reserved for temporary positions. Interim positions accrue all fringe benefits and salary increases the same as full -time and part -time regular positions during the authorized period of employment. Section 1.31. "Layoff ": The separation of employees from the active work force due to lack of work or funds, or to the abolition of positions by the City Council for the reasons of economy and efficiency, or the above reasons, or due to organization changes or reductions or elimination of City services. Section 1.32. "Overtime ": The time which an interim, probationary, or regular employee is required to work beyond the number of hours prescribed for a full -time employee in that classification in a work week. Section 1.33. "Part -Time Position ": A position having a work week of fewer hours than the work week established for full -time positions. A part -time position may be either interim, temporary, or regular. Part -time employees shall be paid the hourly equivalent of the monthly salary paid to a full -time employee in the classification to which they are assigned or the hourly wage set for the part -time position. Section 1.34. "Personnel Director" or Personnel Officer ": City Manager or his /her designee. Section 1.35. "Personnel Resolution and Personnel Rules ": City Council Resolution No. 2001 -1890 as adopted on September 7, 2001, and such subsequent Resolution that may amend or supercede said Resolution No. 2001 -1890. Section 1.36. "Personnel Ordinance ": Chapter 2.56 of the Moorpark Municipal Code, which creates a personnel system for the City. Section 1.37. "Position ": A group of duties and responsibilities assigned to one employee and performed in either a full -time or part -time basis. Section 1.38. "Probationary Appointment ": The probationary employment of a person. A "probationary appointment" is for a specified period, during which job performance is evaluated as a City of Moorpark Personnel Rules _ Approval Date::"— T'2(Gl (Revised 8/29/02) Resolution No. 2004-2 - 1�90 Page 9 basis for a subsequent regular appointment, and the employee has no right to continued employment. Section 1.39. "Probationary Employee ": An employee who has a probationary appointment. Section 1.40. "Probationary Period ": A period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position. Section 1.41. "Promotion ": The movement of an employee from one class to another class having a higher maximum base salary. Section 1.42. "Provisional Appointment ": An appointment of a person who possesses the minimum qualifications established for a particular class and who has been appointed to a position in that class in the absence of available eligibles. In no instance shall a provisional appointment exceed six months. Section 1.43. "Reclassification ": The reassignment of a position from one class to a different class in accordance with a re- evaluation of the minimum qualifications, , duties and responsibilities of the position. Section 1.44. "Reduction ": A salary decrease within the limits of the salary range established for a class. Section 1.45. "Reemployment ": The appointment of an employee who was laiT off within the preceding twelve (12) months, to a position in the same classification as his /her former position. Section 1.46. "Regular Employee ": An employee in the Competitive Service who has successfully completed the probationary period and has been retained in either a regular full -time or regular part - time budgeted position, as hereafter provided in these rules. Section 1.47. "Regular Part -Time Employee ": An employee who has successfully completed the probationary period and who works at least 20 hours but less than 40 hours per work week on a regularly scheduled basis in a part -time position, designated as such in the current adopted budget for not less than 1,300 total hours per fiscal year. "Regularly scheduled" shall mean that the employee shall work the same number of hours per workweek, as specified in the budget for that position. City of Moorpark Personnel Rules - Approval Date r. ":= (Revised 8/29/02) `. `J vi • .tom Resolution No. 200472-fir0. Page 10 Section 1.48. "Regular Part -time Position ": A position regularly scheduled to require the service of an employee to work at least twenty (20) hours, but less than forty (40) hours, per work week and designated in the current adopted budget of the City to work no less than one thousand three hundred (1,300) hours per year. Section 1.49. "Reinstatement ": The restoration without examination of a former regular employee or probationary employee to a classification in which the employee formerly served as a regular non - probationary employee within twelve (12) months of the employee's voluntary separation, transfer or promotion from that classification. A reinstated employee shall serve a probationary period for the period specified for the classification to which the employee is reinstated. Section 1.50. "Relief of Duty ": The temporary assignment of an employee to a status of leave with pay. Section 1.51. "Resignation ": The voluntary separation of an employee from City employment. Section 1.52. "Salary Anniversary Date" or "Anniversary Date ": See Section 1.3. "Anniversary Date" or "Salary Anniversary Date ". Section 1.53. "Salary Increase ": The increase of an employee's salary within the salary range established for the class of position he /she occupies as a result of satisfactory job performance in such position. Section 1.54. "Salary Plan ": The assignment by the City Council resolution of salary ranges and /or salary rates to each class. Section 1.55. "Salary Range ": The range of salary rates for a class. Section 1.56. "Salary Rate ": The dollar amount of each step in a salary range, or the flat dollar amount for a class not having a salary range. Section 1.57. "Salary Step ": The minimum through maximum salary increments of a salary range. Section 1.58. "Standby Duty ": Provides that an employee who is released from duty is required by his /her department to leave notice where he /she can be reached and that he /she be available to return to duty when required. "Standby duty" requires that an employee, (1) be ready to respond immediately, (2) be reachable by phone, (3) be able to report within a specified period of time, and City of Moorpark Personnel Rules = Approval (Revised 8/29/02) .k 1117, +.. Resolution No. 200 ? -?-99 Page 11 (4) refrain from any activities, which might impair his /her ability to perform assigned duties. Section 1.59. "Suspension ": The temporary separation from service of an employee without pay for disciplinary purposes. Section 1.60. "Temporary Appointment ": An appointment to a temporary or regular position for a period of one (1) year or less. Section 1.61. "Temporary Employee ": A person who has been appointed to a temporary or a regular position for a limited period and is not a competitive service employee. Section 1.62. "Temporary Position ": A full -time or part -time position of limited duration. Section 1.63. "Termination ": The separation of an employee from the City service because of retirement, resignation, death or dismissal. Section 1.64. "Title ", "Class Title ", "Title of Class ": The official name applied to a class and to each position allocated to the class and to the incumbent of each position. Section 1.65. "Transfer ": A change of an employee from one position to another position in the same class or in a comparable class. Section 1.66. "Veteran ": Anv oerson who has served full time for 30 days or more in the armed forces in time of war, or in time of peace in a campaign, expedition or service in which a medal has been authorized by_the cgovernment of the United States, or during the period from September 16, 1940 to January 31, 1955, who has been discharged or r(e eased under conditions other than dishonorahl.e. This definition does not include any person who served only in auxiliary or reserve components of the armed forces, any person_ whose service did not exempt him or her from the o).,erat i on of the Selective: Train.inq and Service Act of 1940, nor anv person who has retired from the military service. RULE 2. GENERAL PROVISIONS Section 2.1. Personnel Director /Officer: The City Manager is the Personnel Director /Officer and shall interpret, apply and administer these Rules. The City Manager may delegate any of the powers and duties conferred upon him /her as Personnel Director /Officer to any other assigned employee. City of Moorpark Personnel Rules = Approval Date: — (Revised 8/29/02) r . M --) ..J Resolution No. 20012 -199 Page 12 Section 2.2. Applicability of Rules: All rules, actions, regulations, and policies herein shall apply only to employees in the Competitive Service of Moorpark. Employees not included in the competitive service under this section shall serve at the pleasure of their appointing authority. Certain classifications of positions in the competitive service shall be exempted from the payment of overtime and compensatory time as provided for in Section 4.12 of these Rules. The Competitive Service shall consist of all positions in the City service except the following: a. All elective officers; b. All members of appointive boards, commissions and committees; C. The City Manager and any Assistant or Deputy City Manager; d. The City Attorney and any Assistant or Deputy City Attorney; e. The City Clerk; f. The City Treasurer and any Assistant or Deputy City Treasurer; g. All department heads and assistant department heads; h. All City Council appointed City officers; i. Persons engaged under contract to provide expert, professional, technical or any other service; j. Volunteer personnel; k. Temporary employees; 1. Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake, which threatens life or property; M. Employees, other than those listed elsewhere in this section, who are not employed in regular positions. "Employed in regular positions" means an employee hired for an indefinite term into a budgeted position, who is City of Moorpark Personnel Rules - Approval Date: ;4ter' - (Revised 8/29/02) Resolution No. 2002 -1 Page 13 regularly scheduled to work no less than one thousand three hundred (1,300) hours per year, and at least twenty (20) hours per week, and has successfully completed the probationary period and been retained as provided in the personnel rules; n. Other management and management professional positions designated as Non - Competitive Service in the City Council adopted Salary Plan and designated as exempt in the City Council adopted Classification Plan. Section 2.3. Amendment of Rules: Proposed amendments to these Rules shall be submitted to the City Manager for review and recommendation prior to submittal to the City Council. Advance notice for the purpose of meeting and conferring shall be given to recognized employee organizations for any amendments which affect wages, hours, and other items and conditions of employment. As provided in Section 3500 et seq. of the Government Code, in cases of emergency, when the City Council determines that amendment(s) to these Rules must be adopted immediately without prior notice or meeting with a recognized employee organization, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of the amendment(s). Amendments shall become effective upon adoption of the City Council or at such other time as the adopting resolution may provide. Section 2.4. Violation of Rules: Violation of these Rules may be grounds for disciplinary action and subject to the applicable appeals procedure provided herein. Section 2.5. Loyalty Oath: All shall, before they enter upon the and subscribe the oath prescribed employees subject to these Rules duties of their employment, take in the California Constitution. Section 2.6. Equal Employment Opportunity: Federal and State laws prohibit employment decisions based solely on race, color, sex, marital status, sexual orientation, disability, political views, age, religion, and national origin. Decisions concerning employment and promotion shall always be on the basis of job - related standards of education, training, experience and personal qualifications. Section 2.7. Validity of Rules: If any section, subsection, sentence, clause, or phrase of these Rules is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of these Rules. City of Moorpark Personnel Rules = Approval Date: °":n 42GG�; (Revised 8/29/02) Resolution No. 200-12-1 9G Page 14 Section 2.8. Cooperation: Every employee of the City of Moorpark shall cooperate with the City Manager in order to completely fulfill the objectives and purposes of these Rules. Section 2.9. Employee Activities: During the employee's work day, he /she is expected to devote his /her full time in the performance of his /her assigned duties as a City employee. An employee in the Competitive Service shall not engage in any employment, outside activity or enterprise which is inconsistent, incompatible, in conflict with, or interferes with his /her ability to perform the duties, functions or responsibilities of his /her position as a City employee, nor shall he /she engage in any outside activity which will directly or indirectly contribute to the lessening of his /her effectiveness as a City employee. No employee shall engage in any type of activity relating to an employee organization during such time an employee is on duty, except as expressly provided by the City Manager, state and federal laws, or Council resolution. Section 2.10. Inconsistent Activities and Outside Employment: In making a determination as to the consistency or inconsistency of outside employment, activity or compensation ( "outside employment "), the City Manager shall consider, consistent with the provisions of Government Code Section 1126 where applicable, whether the employment involves: a. The use for private gain or advantage of City time, facilities, equipment and supplies, or b. Receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee, if not performing such °act, would be required or expected to render in the regular course or hours of his /her employment with the city or as a part of his /her duties as a City employee, or C. The performance of an act in other than his /her capacity as a City employee which act may later subject directly or indirectly to the control, inspection, review, audit, or enforcement of any other officer or employee of the City, or d. Such time demand as would render performance of his /her duties as a City employee less efficient. City of Moorpark Personnel Rules Approval Date:"''[. (Revised 8/29/02) �J Resolution No. 2004 -G Page 15 Section 2.11. Outside Employment: Employees shall not engage in regular outside employment, activity or enterprise of eight (8) hours or more per week for compensation ( "outside employment ") without the express written approval of the City. Employees will be allowed to engage in outside employment if such secondary employment meets the following standards as determined by the City Manager: a. The outside employment is not inconsistent with the employee's employment with the City; b. The outside employment will not be demanding on the employee or carry over into his /her regular duties; C. The outside employment is such that no problem will arise as to the City's responsibility for injury incurred on the outside job; d. The outside employment will never be allowed to interfere with the policy that the employee is always readily accessible in case of emergencies; e. Employee to notify the outside employer that he /she may need to return to his /her regular duties immediately upon call; f. The basis for approval by the City Manager is: 1. The employee may refuse to work extra hours if another employee is available. 2. The employee is required to sign a waiver in regard to injuries occurring in outside employment. This waiver shall specifically waive any rights he /she would have against the City or any retirement system which the City might adopt as to disability which would be caused from, or arising out of, the outside employment for which the request is made. The employee shall also waive any rights to Worker's Compensation benefits or sick leave because of injury or sickness cause by, or arising out of, his /her outside employment. 3. An employee whose sick leave record indicates the lack of strength to sustain both City employment and outside employment will not be allowed to continue outside employment. City of Moorpark Personnel Rules _ Approval Date: °'" T (Revised 8/29/02) Resolution No. 200 2_ -IP-9g Page 16 g. The City Manager shall notify the employee of a determination not to allow the requested outside employment and the grounds therefor. Section 2.12. Improper Use of city Equipment /Facilities Prohibited: No City -owned equipment, autos, trucks, instruments, tools, supplies, machine, badge, identification cards, or other items which are the property of the City shall be used by an employee for other than City business, except upon prior written approval of the employee's department head with a copy provided to the City Manager. To avoid the appearance of improper use of public property, City vehicles shall not be used for lunch breaks or errands of a personal nature, except as allowed by administrative procedures approved by the City Manager. No employee shall allow any person not employed by the City to rent, borrow or use any City property item, including the items mentioned above, unless upon prior written approval of the City Manager. Only employees, volunteers or supervisor approved individuals conducting or associated with City business may ride in any City vehicle. City Monitoring /Inspection Rights on City Property: The City has a right to monitor and /or inspect employee use of City equipment and facilities, even when employees are permitted to use such equipment or facilities on their break or meal period time. All City equipment and facilities remain the sole property of the City and are subject to monitoring and inspection at any time. Such monitoring or inspection can occur with or without advance notice or consent and can be conducted by any supervisor, manager or City designee. Examples of City equipment for which employee use may be monitored or inspected includes telephones (including cellular phones and pagers) and computers (including e -mail and internet use). Employees should not place personal items within City equipment and facilities and expect any right to deny access. Examples of City equipment and facilities that may be inspected at any time include: desks, file cabinets, book shelves, vehicles (including glove compartments and trunks), closets, and office space. Prohibited materials such as weapons, explosives, alcohol, and illegal drugs may not be brought to the work site and may not be placed in any City equipment or facilities. Section 2.13. Solicitation of Funds: Prior to any solicitation of funds for the sale of tickets for benefit shows or charitable causes by employees using the name of the "City of Moorpark" in connection with their activities, a written application to engage in such activities shall be submitted to the City Council. The application shall contain the following information: City of Moorpark Personnel Rules = Approval Date: ,''`2,:G!; (Revised 8/29/02) Resolution No. 200472 -1 9G Page 17 a. Purpose, plan and beneficiaries of solicitation or sale. b. Name of person, firm, corporation, or association managing or promoting said solicitation or sale, and if a manager or promoter other than a City employee, a brief statement as to background, experience, and qualifications, with the names and addresses of at least three references, preferably city managers or chief administrative officers of other municipal corporations located in Southern California. C. Signature of the chief presiding officer of the organization; or if there is no formal organization, the signatures of all employees involved in the activities. The City Council may require the filing of a financial statement of receipts and disbursements or may attach any other conditions to the issuance of a permit as in its discretion may appear necessary or desirable. The action of the City Council in granting or denying the permit shall be final. Section 2.14. position, with be denied the compete in the the applicant be prohibited Employment of Family Members: An applicant for a a relative currently employed by the City, may not right to file an application for employment and examination process. Following the examination, if s successfully certified as eligible, employment may y the City Manager where such employment: a. Places one relative under the supervision of the other relative, thus creating a potentially adverse impact on supervision, safety, security, morale or conflicts of interest. b. Places both relatives in the same department, division or facility, thus creating a potentially adverse impact on supervision, safety, security, morale or conflicts of interest. C. Would have one of the relatives in a position with access to information concerning confidential personnel matters, which may compromise such confidential information. For the purposes of this Section, a "relative" shall be defined to include the following: mother, father, grandfather, grandmother, aunt, uncle, cousin, sister, bother, son, daughter, son -.in -law, daughter -in -law, nephew, niece, grandchild, mother -in -law, father -in -law, brother -in -law, sister -in -law, af:id spouse as defined as a City of Moorpark Personnel Rules ;Approval Date r;/'.:'�G!- (Revised 8/29/02) Resolution No. 2002 -�r8 Page 18 partner in marriage (California Civil Code Section 4100), and domestic partner as defined by California Family Code Secti.ori 29-;--and i.ncl tiding the r.equi rement for the filing of a Declaration of Domestic Partnership with the Secretary of State. A relative, as herein defined, of a then current member of the City Council shall not be permitted to be appointed to a position in the Competitive Service of the City during that member's term of office as a Moorpark Councilmember. The provisions of this Section shall not apply to appointments to commissions, committees and boards. Section 2.15. Concurrent Employment and Membership on City Council, Commissions or Boards: An employee in the Competitive Service of the City that accepts a seat on the Moorpark City Council, Planning Commission, Parks and Recreation Commission, Melaile — Here --Palk Rent Review Sear -moor any other Commission or Board appointed by the Mayor with consent of the City Council or pointed by t:he City Council, shall be deemed to have resigned his /her employment with the City. Section 2.16. Drug /Alcohol Testing: Employees with a Class A or B license shall be subject to random drug /alcohol testing per rules established by the U.S. Department of Transportation and as established by City Manager approved administrative procedures. An employee may also be directed by their supervisor to submit to drug /alcohol testing, as set forth in City Manager approved administrative procedures, based on reasonable suspicion that an employee has a prohibited presence of controlled substance(s) in her or her system so that the employee's ability to perform the functions of the job is impaired, or so that the employee's ability to perform his or her job safely is reduced. Section 2.17. Employee Driving Record: The City shall enroll all employees who operate City vehicles, and /or receive a vehicle allowance or mileage reimbursement to drive their private vehicle on City business, in the State Department of Motor Vehicle's Pull Notice Program. An employee who has an unsafe driving record may be considered uninsurable. The City Manager has the authority to make a determination regarding the driving insurability of any employee. Upon receipt of notice of a license restriction, suspension, and /or revocation, the City Manager shall take appropriate disciplinary action for an employee with a job classification requiring possession and maintenance of a valid California Driver's License and /or who is required to drive a vehicle for the City. City of Moorpark Personnel Rules - Approval Date: ;'; 'r: (Revised 8/29/02) Resolution No. 20012 - 9 Page 19 Section 2.18. Medical Tests: At its discretion, the City shall have the right to require an employee to undergo, at City expense, medical examinations and tests related to an employee's job performance or conduct. Section 2.19. Harassment: The City is committed to providing a work environment that is free of discrimination. In keeping with this commitment, the City maintains a strict policy prohibiting all forms of unlawful discriminatory harassment. Specific language prohibiting all forms of unlawful discriminatory harassment shall be as set forth in City Manager approved administrative procedures and /or as established by City Council resolution. Section 2.20. Anti- Violence: The City is committed to providing a violence -free workplace for its employees. Specific language prohibiting actual or threatened violence by employees against co- workers or other persons shall be set forth in City Manager approved administrative procedures and /or as established by City Council resolution. Section 2.21. Emergency Responsibilities: Per State law, all employees are subject to being assigned emergency responsibilities due to a disaster. During a major disaster, off -duty employees are under an obligation to contact their respective supervisor, Department Head, City Manager, Assistant City Manager, or City Emergency Operations Center (EOC) for possible assignment. The City shall provide each employee with the EOC telephone number. RULE 3 - CLASSIFICATION Section 3.1. Preparation of Classification Plan: The City Manager shall be responsible for preparing and recommending a position classification plan for adoption by the City Council. The Classification Plan shall consist of classes of positions in the Competitive Service defined by class specifications including a title, a description of typical duties and responsibilities of positions in each class, a statement of the training, experience and qualifications to be required for appointment. Class specifications are explanatory, but not restrictive. The listing of particular tasks shall not preclude the assignment of other related kinds of tasks or jobs requiring lesser skills. The Classification Plan shall be so prepared that all positions substantially similar with respect to duties, responsibilities, and other like characteristics of work are included within the same class and at the same salary range. Section 3.2. Adoption or Amendment of Classification Plan: Before the Classification Plan or any amendment thereof shall become City of Moorpark Personnel Rules = Approval Date:�';.'z;�iAl; (Revised 8/29/02) Resolution No. 200-1-?-1 99 Page 20 effective, it shall be first adopted by a resolution of the City Council. Upon adoption by the Council, the provisions of the Classification Plan shall be observed in the handling of all personnel actions and activities. The Classification Plan shall be amended or revised as occasion requires in the same manner as originally established. Section 3.3. Allocation of Positions: Following the adoption of the Classification Plan, the City Manager shall allocate every position in the Competitive Service to one of the classes established by the Plan. Section 3.4. New Positions: When a new position is created, no person shall be appointed or employed to fill the position prior to the position's assignment to a class unless otherwise provided by these Rules. The City Manager may recommend an amendment to the Classification Plan to establish an appropriate class for the new position. Section 3.5. Reclassification of Position: When in the case that the duties, responsibilities and characteristics of a position have materially changed, a study of the position shall be made to determine its appropriate classification. The City Manager shall either make no change in the position's classification, allocate the position to an existing classification, or 'recommend the establishment of a new class to which the position would be allocated, whichever is the appropriate action. Reclassification shall not be used for the purpose of avoiding restrictions regarding demotions and promotions. No person shall be appointed or employed to fill a reclassified position unless the said reclassified position has been incorporated in the Classification Plan as provided by these Rules. Section 3.6. Out -of -Class Assignment /Temporary Assignment: a. The term "out -of -class assignment" shall mean the temporary assignment of an employee to a position which has been officially allocated by the City to a higher class other than the one presently occupied by the employee. These provisions include those classifications whose specific duties and responsibilities require supervision in absence of an immediate supervisor. b. Acceptable reasons for out -of -class assignments are: 1. Non - availability of properly classified employees to fill the vacancy. City of Moorpark Personnel Rules = Approval Date:;%'.= (Revised 8/29/02) Cv r-J N/ Resolution No. 2002 - Page 21 2. The temporary filling of a vacant position pending certification of an Eligible person. C. An out -of -class assignment may be made by a department head if, in his /her opinion, such action is necessary for the proper functioning of the department. However, after filling a vacancy by an out -of -class assignment, the department head is not required to fill the vacancy caused by such assignment. d. Out -of -class assignments shall not exceed thirty (30) consecutive calendar days without approval by the City Manager. Out -of -class assignments shall not be made for the purpose of avoiding the filling of a regular budgeted position by an appointment. e. As soon as the appointing department head becomes aware that a position may be vacant for more than sixty (60) days, he /she shall inform the Personnel Director or City Manager so that certification of replacement personnel may be made or, if necessary, an examination may be scheduled. f. An eligible employee in an out -of -class assignment shall receive an increase of 5% or the first step of the higher range, whichever is greater. However, in no case shall such salary adjustment place the employee beyond the salary range of the position to which he /she has been temporarily assigned. g. To be eligible for a higher rate of pay, an employee shall meet all of the following requirements for the first assignment to a class: 1. Be a regular or probationary employee immediately preceding the temporary assignment. 2. Be temporarily assigned for at least five (5) consecutive work days to a class having a higher maximum compensation than his /her own class. An employee working in a higher classification and who works in said higher classification for five (5) consecutive days shall thereafter be paid according to the salary range of the class in which he /she has been working. 3. Be on the current eligibility list. If no one is available from the current list or the most recent expired list, then any employee may be appointed City of Moorpark Personnel Rules Approval Date: ° ".` = (Revised 8/29/02) Resolution No. 200�?-1P,9G Page 22 and receive compensation if otherwise eligible under the provisions of this Section. RULE 4 - COMPENSATION Section 4.1. Preparation and Adoption of Salary Plan: The City Manager shall be responsible for recommending a Salary Plan including wage rates and salary ranges covering all classes of positions in the Competitive Service of the City. Before the Salary Plan shall become effective, it shall be first approved by the City Council. After the Salary Plan is adopted; no position shall be assigned a salary neither higher than the maximum nor lower than the minimum salary provided for that class of position unless the salary range for the class is amended in the same manner as herein provided for its adoption. Section 4.2. Salary Plan Structure: The basic range for all classifications shall consist of a minimum of nine (9) and a maximum of eleven (11) salary steps, with each step and range approximately two and one -half percent (2 1-i�o) above the prior step and range, respectively. Section 4.3. Appropriate Salary Step: Employees occupying a position in the Competitive Service shall be paid a salary or wage within the range established for that position's class under the adooted Salary Plan. Section 4.4. Newly Hired Employees' Salary Step: Newly hired employees shall be appointed at Step A of the salary range to which their class is assigned. When economic conditions, minimum wage requirements, unusual employment conditions or exceptional qualifications of a candidate for employment indicate that a higher initial step would be in the City's best interest, upon recommendation of the appointing authority, the City Manager may authorize hiring at a higher step in the salary range. In the case of an employee hired at any step above Step A, said employee may be advanced to the next higher step in his /her range upon completion of the probationary period. The employee would then be eligible for the next step one (1) year from his /her anniversary date, pursuant to Section 4.5. Section 4.5. Salary Advancement - Full -time Employees: Full -time Employees may be considered for an increase in salary according to the following rules: a. Any salary increase or denial of salary increase shall require the specific recommendation of the employee's City of Moorpark Personnel Rules = Approval Date: "';A!i (Revised 8/29/02) Resolution No. 200 2 -1�90 Page 23 department head and /or immediate supervisor and the approval of the City Manager. b. Eligible employees receiving a performance evaluation rating of satisfactory or less than satisfactory shall not receive a merit increase. Those eligible employees rated commendable (one level above satisfactory), with a minimum score of 7 out of a total 10 -point scale, or outstanding (two levels above satisfactory), with a minimum score of 8.6 out of a total 10 -point scale, shall receive a five percent (5o) merit increase. C. An employee is eligible to receive a merit increase upon the successful completion of his /her probationary period, with at least a commendable performance evaluation rating, and thereafter is eligible one year from each preceding anniversary date, so long as it does not exceed the highest step of the applicable salary range and is consistent with the provisions of these rules. d. Any salary increase granted pursuant to this Section shall be effective as of the first day of the pay period in which the anniversary date occurs. Advancement shall not be automatic. When an employee is denied a salary increase, the employee may be reconsidered for such advancement at any subsequent time. If the employee receives a salary increase as a result of reconsideration, the employee shall not be eligible for the next and any subsequent salary increase in the same class for one year from the effective date of the salary increase granted as a result of said reconsideration; provided, that the employee's anniversary date for vacation leave and other benefits that are based upon length of service shall not be affected. e. Overlooked advancements shall be retroactive to the first day of the pay period in which the employee's anniversary date occurs, upon approval by the City Manager. Section 4.6. Salary on Promotion: All employees who are promoted to a position in a class with a higher salary range shall be placed on the Step A in the new higher range or placed at the step which is a minimum 5% salary increase for the employee, not to exceed the highest step of the new range. When economic conditions, unusual employment conditions or exceptional qualifications of a candidate for promotion indicate that a higher step would be in the City's best interests, upon City of Moorpark Personnel Rules - Approval Date: °".)ter (Revised 8/29/02) Resolution No. 200-1-2-1 9G Page 24 recommendation of the appointing authority, the City Manager may authorize hiring at a higher step in the salary range. The effective date of the promotion shall become the new anniversary date for the purposes of determining merit raise eligibility. Vacation and sick leave will continue to accrue from the date of initial hire for regular full -time and part -time employees promoted to a position in a class with a higher salary range. Section 4.7. Salary on Demotion: Any employee who is demoted through procedures in Rule 11 or 12 may be placed at a lower step, or may be placed at a step in a lower range or may be placed at Step "Y" which is equal to the employee's current salary step. The employee's anniversary date shall not change. An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is assigned to a salary range in which the highest step of the range is equivalent to or higher than the Step "Y ", at which time the employee shall be placed in the higher step, but not to exceed five percent (50) more than the Step "Y ". Such employee shall not receive further salary adjustments until such time as Step "Y" is equivalent or less than the highest step of the salary range of the employee's position consistent with other applicable sections of these Rules. Section 4.8. Salary on Reinstatement: An employee who resigned in good standing may, within one year of such resignation and upon recommendation of the department head and approval of the City Manager, be reinstated in a position in the class in which the employee had previously served, subject to an available budgeted position. Upon such reinstatement, the employee shall not receive higher than the step in the salary range the employee previously received prior to the employee's separation. The employee shall be given a new anniversary date. After one (1) year of additional continuous service, the employee shall be credited with previously unused accumulated sick leave. When economic conditions, unusual employment conditions or exceptional qualifications of a returning employee indicate that reinstatement to a higher salary step would be in the City's best interests, upon recommendation of the appointing authority, the City Manager may authorize hiring at a higher step in the salary range. Section 4.9. Salary on Transfer: Any employee who is transferred from one position to another position in the same class, or to another position in a class having the same salary range, shall be compensated at the same step in the salary range as the employee City of Moorpark Personnel Rules -.Approval Date: (Revised 8/29/02) Resolution No. 20047 2 -1 i9 Page 25 previously received. The employee's anniversary date shall not change. Section 4.10. Salary on Position Reclassification: When a position is reclassified to a lower classification, the employee shall retain his /her rate of pay and his /her anniversary date or shall be placed in the step of the lower salary range closest to the employee's salary rate. If the last step of the salary range of the lower job class is lower that the employee's salary rate, the current salary step shall be identified as Step "Y" of the lower salary range. An employee receiving a Step "Y," because of a downward reclassification, shall remain in the Step "Y" until such time as his /her job is assigned to a salary range in which one or more of the steps is equivalent to or higher than the Step "Y ", at which time the employee shall be placed in a step closest to but not lower than Step "Y ". Such employee shall not receive annual salary adjustments until such time as Step "Y" is equivalent or less than the next step of the salary range of the employee's reclassified position. When a position is reclassified to an equivalent classification, the employee shall retain his /her salary rate and anniversary date. When a position is reclassified to a higher classification the employee shall be placed on Step A in the new higher range or placed at the step which is a minimum five percent (5 %) salary increase for the employee, not to exceed the highest step of the new range. The employee's anniversary date shall not change. Section 4.11. Special Salary Adjustments: A department head may recommend in writing to raise an employee's salary step prior to the eligibility times specified in Rule 4.5 and Rule 4.7, so as to recognize meritorious service, advanced educational achievements or other extraordinary attributes related to the employee's public service. Such increased compensation is subject to the approval of the City Manager and the City Council, and the availability of budgeted funds. The employee's anniversary date shall not change. Section 4.12. Overtime and Compensatory Time: When in the best interest of the City, the City Manager or a department head or his /her designee may require an employee to be employed beyond the employee's regular hours of employment. Overtime that can be anticipated or scheduled shall require the prior approval of the department head based on budget limits. No more than ten (10) hours of overtime may be worked in any one work week without specific approval of the City Manager. Credit for overtime shall not begin until an employee has worked forty (40) hours for that work week. All overtime shall be computed in increments of one quarter (1/4) hour and shall be credited at one and one -half (1 '-�) times the overtime worked unless otherwise City of Moorpark Personnel Rules = Approval Date:;.':,.12mom - (Revised 8/29/02) Resolution No. 2004-2 - Page 26 specified in these Rules or a Memorandum of Agreement. Calculation of overtime pay shall be based on an employee's regular pay rate and shall not include any in -lieu insurance payment. Compensation for authorized overtime shall be included in the paycheck for the pay period in which it is earned, except as provided below. The City and the employee can agree, in advance of the overtime being worked, to allow the employee to receive compensatory time in lieu of overtime pay. For purposes of calculating overtime, vacation time and observed holidays, but not sick leave or other time off, shall be credited as time worked during the workweek. An employee will not be permitted to accumulate more than forty (40) hours of compensatory time. Twice a year, during the last pay period in June and the last pay period in December, the City shall pay an employee for all accumulated compensatory time and reduce the compensatory time balance to zero. Upon termination, employees shall be compensated for accumulated compensatory time off. Certain classifications in the Competitive Service shall be exempt from the provisions of overtime and Sections 4.12, 4.12.1, and 4.12.2. Such exempt classifications shall have the exemption stated on both the Salary Plan and the class specification in the job description in the City's Classification Plan. Standby duty, which does not constitute time worked, shall be compensated in a manner prescribed in writing by the City Manager. Section 4.12.1. Callback: The minimum callback for employees covered by this Agreement shall be two (2) hours. The two -hour minimum shall only be applied once during any two -hour period. Actual hours worked during a callback shall be paid at the overtime rate established in Section 4.12. The remaining time on any callback payment shall be calculated at the rate of one and one - half (1 =-�) times the employee's hourly wage excluding any in -lieu insurance payment; bilingual pay; longevity pay; backflow testing certification, playground inspection certification, and Class A or B driver's license pay; and Emergency Medical Technician pay. Section 4.12.2. Standby Premium Pay: Should an employee be placed on standby duty, such an employee shall be compensated for actual time on call at one - quarter (1/4) of his /her hourly wage. Actual time worked as a result of a callback to duty shall be paid in accordance with Section 4.12.1.1 No employee shall be paid for callback and standby simultaneously. The hourly wage used to calculate standby premium pay shall not include any in -lieu insurance payment; bilingual pay; longevity pay; backflow testing certification, playground inspection certification, and Class A or B driver's license pay; and Emergency Medical Technician pay. City of Moorpark Personnel Rules = Approval Date: = (Revised 8/29/02) Resolution No. 2002-1�98 Page 27 Section 4.13. Compensation for Layoff: An employee, who is terminated from the Competitive Service of the City as a result of a layoff, shall be paid for accumulated vacation and accumulated overtime. Accumulated sick leave shall be restored to an employee if the employee is reemployed within one year, and upon the completion of one (1) year of additional continuous service. Should an employee be reemployed in the formerly held position, the employee shall be placed at the same salary step as when the layoff occurred. No credit shall be received toward a step increase or seniority during the period of layoff. Employees who have attained regular status at the time of layoff and who are reemployed within a period of one (1) year shall retain their assigned anniversary date. Section 4.14. Compensation During Suspension: An employee who is suspended with pay shall be paid that salary the employee was entitled to prior to the suspension. An employee who is suspended without pay under the disciplinary procedures shall not be paid for those specific days of suspension. Additionally, an employee suspended without pay shall not accrue sick leave, vacation, seniority and other benefits during a suspension of more than fifteen (15) workdays. Insurance contributions during any suspension of five (5) days or less will be continued. Section 4.15. Salary on Voluntary Demotion: At the discretion of the City Manager, any employee who elects to take a voluntary demotion may be placed at a lower step, or may be placed at a step in a lower range or may be placed at Step "Y" which is equal to the employee's current salary step. The employee's anniversary date shall not change. An employee receiving Step "Y" shall remain in the Step "Y" until such time as the position is assigned to a salary range in which one or more of the steps is equivalent to or higher than the Step "Y" at which time the employee shall be placed in a step closest to but not lower than the step "Y ". Such employee shall not receive salary adjustments until such time as Step "Y" is equivalent or less than the next step of the salary range of the employee's position. Section 4.16. Compensation for Temporary Assignment to Higher Classification: An employee may receive adjusted compensation for working in an assignment in a higher classification. Working at a higher classification shall mean that the employee is performing a significant part of the duties of a position in a higher salary range for a period of sixty (60) days or more. The adjusted compensation shall be at a rate set by M.O.A. or Council resolution. Employees enrolled in training programs, which involve City of Moorpark Personnel Rules = Approval Date:= / (Revised 8/29/02) Resolution No. 200 2 -190 Page 28 temporary re- assignment to a higher classification, shall not be eligible for adjusted compensation. Section 4.17. Compensation for Vehicle Use: An employee shall be compensated for use of the employee's personal vehicle on City business under the rules set forth by the City Manager or as established by Council resolution. Section 4.18. Restitution: An employee may be required under the provisions of Rule 12, in a manner approved by the City Manager, to provide restitution to the City of Moorpark for willful, wanton or malicious destruction of City property. Section 4.19. Error in Determination of Correct Salary Rate: Should an employee be advanced to a higher step in the salary range for his /her class than for which he /she was recommended through error, such error shall be corrected immediately following its discovery. Reimbursement to the City by the employee for said error shall be made by one of the following methods or a combination thereof: a. Application of accumulated equivalent time off for overtime service; b. Application of equivalent time off for overtime service earned during the time immediately following the date of the discovery of said error; C. Application of the increase in the employee's salary following his /her next merit salary increase; or d. Application of a partial reduction in the employee's salary for a period of not less than three (3) nor more than six (6) months; or e. Any other method mutually agreed to. Determination of which one or combination of the above methods of reimbursement should be used shall be made by the department head subject to the approval of the City Manager. Should the employee terminate before full reimbursement to the City has been made, the money required to complete reimbursement shall be deducted from the employee's last paycheck. Section 4.20. Compensation - Regular Part -Time Employees: Regular part -time employees shall be paid the hourly equivalent of the monthly salary paid to a full -time employee in the classification to which they are assigned at the appropriate step. They shall move through the steps in their range when they have completed eighteen City of Moorpark Personnel Rules - Approval Date: °' =z= (Revised 8/29/02) Resolution No. 2002 -G Page 29 hundred (1,800) of actual hours worked (excludes any sick leave, vacation leave, holiday, military leave of absence, compensatory time, bereavement leave, jury duty, or disability leave.) Section 4.21. Compensation - Temporary Employees: Temporary employees shall be paid an hourly rate established by the City Manager as appropriate for the work to be performed and within the budgeted amounts in temporary employee salaries. RULE 5 - APPLICATIONS AND APPLICANTS Section 5.1. Announcement: All examinations for classes in the Competitive Service shall be publicized by such methods as the Personnel Director deems appropriate. Special recruiting shall be conducted, if necessary, to insure that all segments of the community are aware of the forthcoming examinations. The announcements shall specify the title and pay of the class for which the examination is announced; the nature of the work to be performed; preparation desirable for the performance of the work of the class; the manner of making application; and other pertinent information. Section 5.2. Application Forms: Applications shall be made as prescribed on the examination announcement and on forms provided by the City. Application forms shall require information covering training, experience, and other pertinent information, and may include certificates of one or more examining physicians, references and fingerprinting. All applications must be signed by the person applying. Section 5.3. Rejection of Application: The Personnel Director or his /her designee may reject any application, which indicates on its face that the applicant does not possess the minimum qualifications required for the position. Applications may be rejected if the application indicates facts that show that the applicant is addicted to the habitual excessive use of drugs; has made any false statement of any material fact; is not legally perrpitted to work within the United States; or practiced any deception or fraud in an application. Whenever an application is rejected, notice of such rejection shall be mailed to the applicant by the Personnel Director or his /her designee. Defective applications may be returned to the applicant with notice to amend the same, providing the time limit for receiving applications has not expired. Section 5.4. Criminal Conduct - Ineligibility for Employment: A criminal conviction, including a plea of guilty or nolo contendere, shall be considered in determining the eligibility of an applicant for employment, but does not constitute an automatic bar to I City of Moorpark Personnel Rules = Approval Date: r tjCi= (Revised 8/29/02) 4r or, 3 4 Resolution No. 200 -12 -1r£G Page 30 employment. In considering whether or not to reject the application, the appointing authority shall consider the provisions set forth in a resolution of the City Council pertaining to fingerprinting of new employees and volunteers and the following factors: a. The classification, including sensitivity, to which the person is applying or being certified and whether the classification is unrelated to the conviction. b. The nature and seriousness of the offense. C. The circumstances surrounding the conviction. d. The length of time elapsed since the conviction. e. The age of the person at the time of conviction. f. The presence or absence of rehabilitation or efforts at rehabilitation. g. Contributing social or environmental conditions. Section 5.5. Request for Reconsideration by Applicant: An applicant whose application is rejected or who is otherwise disqualified for employment with the City may request reconsideration of such determination. Such request shall be in writing and filed with the City Manager within ten (10) calendar days of the date of the notice of the rejection or disqualification. The City Manager shall complete the reconsideration within ninety (90) calendar days after the request is filed. The determination of the City Manager shall be final. RULE 6 - EXAMINATIONS Section 6.1. Examination Process: The selection techniques used in the examination process shall be impartial and relate to those subjects which, in the opinion of the Personnel Director, fairly measure the relative capacities of the persons examined to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates such as, but not necessarily limited to, achievement and aptitude tests, other written tests, personal interview, performance tests, physical agility tests, evaluation of daily work performance, work samples, medical tests, psychological tests, background investigations, successful completion of prescribed training, or any combination of these or other tests. The probationary period ICity of Moorpark Personnel Rules _ Approval Dater ^. (Revised 8/29/02) Resolution No. 200 -�2 -8 Page 31 shall be considered as a portion of the examination process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class, covering only factors related to such requirements. Certain elements of the examination process may be designated as qualifying tests only. Failure on one part of the examination may be grounds for declaring the candidate as failing the entire examination or disqualified for subsequent elements of the examination. Section 6.2. Promotional Examinations: Promotional examinations may be conducted whenever, in the opinion of the Personnel Director, the needs of the service require. Promotional examinations may include any of the selection techniques mentioned in Section 6.1 of this Rule, or any combination of them. Only regular or probationary employees who meet the requirements set forth in the promotional examination announcements may compete in promotional examinations. Section 6.3. Continuous Examination: Open- competitive examinations may be administered periodically for a single class as the needs of the service required. Names shall be placed on employment lists, and shall remain on such lists, as prescribed in these Rules. Section 6.4. Conduct of Examination: The City may contract with any competent agency or individual for the preparing and /or administering of examinations. In the absence of such a contract, the Personnel Director shall see that such duties are performed. The Personnel Director shall arrange for the use of public buildings and equipment for the conduct of examinations. Section 6.5. Notification of Examination Results and Review of Papers: Each candidate in an examination shall be given written notice of the results thereof, and if successful, of the final earned score and /or rank on the employment list. All candidates taking a written examination shall have the right to inspect their own test answer sheet within five working days after the notifications of examination results. Any error in computation if called to the attention of the Personnel Director within this period, shall be corrected. Such corrections shall not, however, require invalidation of appointments previously made. RULE 7 - EMPLOYMENT LISTS AND APPOINTMENTS Section 7.1. Employment List: An employment list shall be established following a competitive examination listing the names of those applicants who have achieved a final score meeting or City of Moorpark Personnel Rules = Approval Date:''1 - -�1 (Revised 8/29/02) Resolution No. 200-1-2-190 Page 32 exceeding a passing score established for the position. The names on the employment list shall be arranged in order of final scores from the highest to the lowest score. Such applicants shall be deemed as qualified for appointment, pending further review by the appointing authority and other qualifying procedures such as reference checks, medical examinations or background investigations. After completion of all qualifying procedures, except the medical examination, a veteran shall be given preference over an identically qualified applicant. If five or less names of applicants, willing and able to accept appointment, are available on a list, that list may be declared invalid by the City Manager and a new recruitment and examination announced. Names of those not chosen from an eligibility list that is less than one year old may be merged in relative order with names on a newly established list for the same classification, but such names shall not remain on the new list for more than 18 months from the date of their original examination. Section 7.2. Duration of Lists: Lists other than promotion lists shall remain in effect Personnel Director, but months. until exhausted or abolished by the not extending longer than twelve (12) Section 7.3. Reemployment Lists: The names of regular full -time employees who have been laid off under the provisions of these Rules shall be placed on an appropriate reemployment list. Such names shall remain thereon for a period of one year, as provided for in Section 10.8. When a reemployment list is to be used to fill vacancies, the City Manager shall certify, from the top of such lists, the number of names equal to the number of vacancies to be filled and the City Manager shall appoint such persons to fill the vacancies, provided such persons possess the minimum qualifications established for the particular class at which they are to be appointed. The reemployment list shall have priority over employment lists, reinstatement list and promotion lists. Section 7.4. Reinstatement List: The names of former employees, as provided for in Section 11.5, shall appear on a reinstatement list for one year following the employee's termination in good standing. No examination is required; however, appointment from this list requires the approval of the City Manager. A reinstated employee must serve a probationary period. Section 7.5. established, competitive achieved a established Promotion List: A promotion list shall be with the approval of the City Manager, following a examination. The names of those applicants who have final score meeting or exceeding a passing score for the position shall comprise the promotion list. The City of Moorpark Personnel Rules = Approval Date:9 "." = (Revised 8/29/02) Resolution No. 2004-2 -1�90 Page 33 names on the promotion list shall be arranged in order of final score from the highest to the lowest score. Such applicants shall be deemed as qualified for appointment, pending further review by the appointing authority and other qualifying procedures, such as reference checks, medical examinations or background investigations. Promotion lists shall be valid and remain in effect for a period of six (6) months, unless sooner exhausted. A promotion list may be extended for up to an additional six (6) months by the City Manager, if extended prior to its expiration date. Section 7.6. Transfer: An employee may be transferred at any time from one position to another position in the same classification. The City Manager may order a transfer for the purposes of economy, efficiency or for reasons related to the best interests of the City. A request for transfer to a vacant position may be initiated by an employee or the employee's department head. The transfer of an employee from one department to another shall require the approval of the head of both departments, as well as the City Manager. A department head may consider requests for transfers concurrently with appropriate employment, reemployment, promotion or reinstatement lists. No examination is required of an employee requesting a transfer; however, the employee must possess the qualifications for the position. Section 7.7. Removal of Names from Lists: A person appearing on an employment, reemployment, reinstatement or promotion list shall be removed by the City Manager if the person (1) requests in writing that he /she be removed; (2) fails to respond within five (5) working days to a written notice sent to the person's last known place of address;(3) leaves no forwarding address or (4) is found to be unsuitable for the position by the appointing authority, consistent with applicable sections of these Rules. Section 7.8. Certification of Persons Eligible for Appointment: When an appointment is to be made from an employment list, reemployment list, promotion list or reinstatement list, the City Manager shall certify qualified persons from the appropriate list. The City Manager may certify persons from a list for a higher classification in order to fill a vacancy in a lower classification when job duties are of a similar nature. If it is not possible to fill a vacancy by reemployment, or if the City Manager does not consider it in the City's best interest to fill the vacancy by reemployment, reinstatement, promotion, transfer, or demotion, certification shall be made from an appropriate employment list, provided eligible persons are available. When an appointing authority requests a vacancy be filled by appointment from a promotional employment list or from an open I City of Moorpark Personnel Rules = Approval Date: ° /T �;Tr (Revised 8/29/02) c .. { .al Resolution No. 2002 -9 Page 34 employment list, the Personnel Director should certify from the specified list the names of all individuals willing to accept appointment. Whenever there are fewer than three names of individuals willing to accept appointment on a promotional employment list or on an open employment list, the appointing power may make an appointment from among such eligibles or may request the Personnel Director to establish a new list. When so requested, the Personnel Director shall hold a new examination and establish a new employment list. Section 7.9. Physical and Mental Requirements: The City may require that all applicants and employees be in such physical or mental condition to perform the duties of their job and may require a medical or physiological evaluation at any time at City expense. No employee shall hold any position in a classification in which he /she cannot physically or mentally perform all the duties of the job adequately or without hazard to himself /herself or others. Within the limitations indicated, the City's policy shall be to make such efforts as are consistent with the provisions of these rules, and Federal and State law, to place disabled employees in such positions which are available in the City service where their disabilities can be reasonably accommodated. Section 7.10. Appointment: After the selection process, the department head or immediate supervisor shall make recommendations for appointment from among those individuals certified. The City Manager shall be immediately notified of any recommendations. The City Manager shall thereupon review the recommendations and make an appointment. If an applicant accepts appointment and presents himself /herself for duty within such period of time as the City Manager shall prescribe, he /she shall be deemed to be appointed; otherwise, he /she shall be deemed to have declined the appointment. Section 7.11. Types of Appointment: All vacancies in the Competitive Service shall be filled by transfer, demotion, re- employment, reinstatement, or from eligible applicants certified by the Personnel Director from an appropriate employment list, if available. In the absence of persons eligible for appointment in these ways, provisional, interim and temporary appointments may be made in accordance with these Personnel Rules. Section 7.12. Notice to Personnel Director: If a vacancy in the Competitive Service is to be filled, the appointing authority shall notify the City Manager in the manner prescribed. If there is no re- employment list available for the class, the City Manager shall have the right to decide whether to fill the vacancy by reinstatement, transfer, demotion, appointment from a promotional employment list, or appointment from an open employment list. City of Moorpark Personnel Rules - Approval Date:Tl ±ir= (Revised 8/29/02) C 121%,w'. ; Resolution No. 200 -} Page 35 Section 7.13. Provisional Appointment: In the absence of there being names of individuals willing to accept appointment from appropriate employment lists, a provisional appointment may be made by the City Manager of a person meeting the minimum training and experience qualifications for the position. Such an appointment may be made during the period of suspension of an employee or pending final action on proceedings to review suspension, demotion or discharge of an employee, and such vacancy may be filled by the City Manager, subject to the provisions of the Personnel Rules. A provisional employee may be removed at any time without the right of appeal or hearing. No provisional appointment shall exceed six (6) months. A provisional appointee shall accrue the same benefits as probationary employees. If a provisional appointee is selected for a full -time position with the City, the time served as a provisional appointee shall not be counted as time toward the fulfillment of the required probationary period. No special credit shall be allowed in meeting any qualifications or in the giving of any test or the establishment of any open - competitive promotional lists, for service rendered under a provisional appointment. Section 7.14. Interim and Temporary Appointment: When a position in the Competitive Service becomes vacant, the City Manager may appoint an existing employee or a new employee as the interim or temporary replacement in the affected position. Such employee appointed to an interim or temporary position may be removed at any time without rights to appeal or hearing and shall not attain regular or probationary status. Existing employees shall be returned to their former position. Section 7.15. Emergency Appointments: To meet the immediate requirements of an emergency condition, such as extraordinary fire, flood or earthquake, which threatens public life or property, the City Manager or a department head may employ such persons as temporary employees as may be needed for the duration of the emergency without regard to the Personnel Rules affecting appointments. All such appointments shall be reported to the City Manager as soon as possible. RULE 8 - PROBATIONARY PERIOD Section 8.1. Regular Appointment Following Probationary Period: All original appointments shall be tentative and subject to a probationary period of one (1) year of actual service. If the service of the probationary employee has been satisfactory to the City of Moorpark Personnel Rules = Approval Date: "r -r=te "_' (Revised 8/29/02) Resolution No. 2002 - Page 36 appointing authority, then the appointing authority shall file with the City Manager a statement in writing to such effect and stating that the retention of such employee in the service is desired. In the event a probationary employee's performance has not been satisfactory, the appointing authority shall notify the City Manager in writing prior to the scheduled end of the probationary period. If the service of the probationary employee has been satisfactory, the City Manager shall consider the recommendation and then notify the affected employee in writing of the appointment to regular status at the end of the employee's probationary period. The employee shall be advanced to regular status as of the first day of the pay period in which the anniversary dat(t occurs. Upon the satisfactory completion of the probationary period, the employee shall be assigned an Anniversary Date. If a statement of satisfactory performance is not filed, the employee will be deemed to be unsatisfactory and his /her employment terminated at the expiration of the probationary period. Notice of the termination shall be signed by the Personnel Director and served on the terminated employee by the Personnel Director or his /her designee twenty -four (24) hours prior to the dismissal except in the case of an emergency. Employees who are transferred or whose positions are reclassified are not subject to a probationary period as a result of these actions. Section 8.2. Probation on Promotion, Reinstatement or Reclassification: On accepting a promotion, reinstatement or an appointment to a different classification, a regular employee serves a new probationary period of six (6) months. Promotions, reinstatements or reclassification will not be regular until the successful completion of this probationary period. Section 8.3. Extension of Probationary Period: The City Manager may extend the probationary period of an individual employee upon the request of the employee's department head. No probationary period may be extended for more than six (6) additional months. An employee must be notified in writing by the City Manager prior to the extension of the probationary period. Section 8.4. Objective of Probationary Period: The probationary period shall be regarded as a part of the selection process and shall be utilized for closely observing the employee's work and for securing the most effective adjustment of a new employee to the position. Section 8.5. Rejection of Probationer: During the probationary period, an employee may be rejected at any time by the appointing City of Moorpark Personnel Rules - Approval Date: ° ° "` = (Revised 8/29/02) Resolution No. 2004-2 -1 Page 37 authority without cause and without the right of appeal. Notification of rejection by the appointing authority shall be served on the probationer by the Personnel Director or his /her designee. Section 8.6. Rejection Following Promotion: Following a promotional appointment, any employee rejected during the probationary period, or at the conclusion of the probationary period, by the reason of failure of the appointing authority to file a statement that the employee's services have been satisfactory, shall be reinstated to the position from which he /she was promoted, unless charges are filed and the employee is dismissed in the manner provided in the Personnel Ordinance and these Rules, or unless there is no vacancy to allow reinstatement to the position from which he /she was promoted. If there is no vacancy in such position, the employee may request to be placed on a re- employment list. If the promotional appointment was to a position outside of the Competitive Service and the employee is rejected during the first six (6) months of the appointment, the employee shall be dismissed from employment with the City, unless at the City's option the employee is reinstated to the position in the Competitive Service from which he /she was promoted. If there is no vacancy in such position, the employee may request to be placed on a re- employment list. Section 8.7. Probation Following Layoff: Employees laid off while on probation must serve a new probationary period following re- employment, pursuant to Section 8.1. Section 8.8. Part -Time Employees: Part -time employees, except those in a regular part -time position, as defined in these Rules, are not subject to a probationary period. Regular part -time employees shall serve a probationary period of eighteen hundred (1,800) hours actually worked (excludes any sick leave, vacation leave, holiday, military leave of absence, compensatory time, bereavement leave, jury duty, or disability leave). RULE 9 - EMPLOYEE PERFORMANCE EVALUATION Section 9.1. Objective of Emnlovee Performance Evaluation: Regular reports shall be made as to the efficiency, competency, conduct and merit of employees in the Competitive Service. To this end, it is the responsibility of the City Manager, department heads and their subordinate supervisors that these reports be made. City of Moorpark Personnel Rules = Approval Date:ll'!) = (Revised 8/29/02) Resolution No. 200-1-2-189G Page 38 Section 9.2. Employee Performance Evaluation Report: A report on the performance of a probationary employee shall be completed at the mid point of the probationary period. A report for regular employees shall be completed within two weeks prior to the employee's anniversary date each year. A copy of all reports shall be submitted to the City Manager or his /her designee, as set forth in performance evaluation procedures approved by the City Manager. In addition, a report may be prepared at any time at the discretion of the employee's supervisor. The reports shall be on forms approved by the City Manager. Section 9.3. Review with Employees: Each performance evaluation report shall be thoroughly discussed with the employee to point out areas of successful performance and areas that need improvement. The employee shall sign the performance report to acknowledge awareness of its contents and verify that it has been discussed with the evaluator. The employee's signature does not necessarily mean the employee fully agrees with the contents of the report. The employee shall be encouraged to comment regarding his /her performance, either in a written statement attached to the report or orally. Written responses to the performance evaluation report must be completed on the employee's own time and received by the employee's supervisor (and copied to the Personnel Director) within fifteen (15) calendar days of receiving the written evaluation. RULE 10 - EMPLOYEE LAYOFF POLICY AND PROCEDURES Section 10.1. Statement of Intent: For reasons of economy, of efficiency, or in the interest or mandate of the public, reductions or curtailments of City services may be required. Whenever, in the judgement of the City Council, it becomes necessary, the City Council may abolish any position oaf employment and the employee holding such position or employment may be laid off or demoted without disciplinary action. Section 10.2. Notification: Employees to be laid off shall be at least fourteen (14) calendar days given, whenever possible, prior notice. Section 10.3. Vacancy and Demotion: Except as otherwise provided, whenever there is a reduction in the work force, the appointing authority shall first demote to a vacancy, if any, in a lower class for which the employee who is the latest to be laid off in accordance with Section 10.6 is qualified. All persons so demoted shall have their names placed on the reemployment list. Section 10.4. Voluntary Retreat Rights: An employee designated to be laid off may elect to retreat to the top of the seniority list City of Moorpark Personnel Rules Approval Date: ° ".`� r=!; (Revised 8/29/02) Resolution No. 200- 12 -IH9G Page 39 for the next lower classification within the same department, provided the employee has previously held regular status in such lesseer departmental classification, or possesses the minimum skills to perform satisfactorily. The City Manager shall determine whether an employee has such minimum skills. Employees who retreat into a lesser classification retain re- employment rights to the original position within the same department as provided in Section 10.7. Retreat rights shall prevail only within a department and within an identifiable career ladder, as identified by the City Manager. Section 10.5. Seniority: In order to retreat to a former or lower class, an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Director within five (5) working days of receipt of notice of layoff. Employees retreating to a lower or similar class shall be placed at the salary step representing the least loss of pay. In no case shall the salary be increased above that received in the class from which the employee was laid off. Employees retreating to a lower or similar class shall serve a probationary period in the new class unless they have previously successfully completed a probationary period in the class or a class in the class series. Section 10.6. Employment Status: In each class, employees shall be laid off according to employment status in the following order: temporary, provisional, probationary and regular. Temporary, provisional and probationary employees shall be laid off according to the needs of the service as determined by the appointing authority. In cases where there are two or more regular employees in the class from which the layoff is to be made, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least 30 days and no more than 12 months prior to layoff as follows: First, all employees having ratings of "improvement needed;" Second, all employees having ratings of "satisfactory" or "competent "; Third, all employees having ratings of "commendable" or "outstanding." Employees within each category of rating shall be laid off in inverse order of seniority in City service. City of Moorpark Personnel Rules Approval Date: °'. = (Revised 8/29/02) Resolution No. 200 -'-1� 90 Page 40 In the event; of a lavoff of demotion pursuant to Rule 10, the Cif shall consider a regular_ employee on an unpaid leave of absence pursuant to Sect.i.on 13.3 of these Rules in the same manner as other regular employees when implementing the applicable provisions of Rule 10. Section 10.7. Re- employment List: The names of persons laid off or demoted in accordance with these rules shall be entered upon a re- employment list. Lists from different departments or at different times for the same class of position shall be combined into a single list. Such list shall be used by every appointing authority when a vacancy arises in the same or lower class of position before certification is made from any other list. Section 10.8. Duration of Re- employment List: Names of persons laid off shall be carried on a re- employment list for one year, except that persons appointed to regular positions of the same level as that which laid off, shall, upon such appointment, be dropped from the list. Persons who refuse re- employment shall be dropped from the list. Persons re- employed in the lower class, or on a temporary basis, shall be continued on the list for the higher position for the aforementioned one year period. Section 10.9. Layoff Appeal: A regular employee shall have the right to request an appeal hearing. Such request must be made in writing to the City Manager within five (5) working days after receipt of a layoff notice. The City Manager shall prepare and deliver a decision on the appeal within five (5) working days after receipt of the appeal. The scope of the appeal shall not include such issues as the need for layoff, the reasons for layoff, the extent of layoff, the classifications selected for layoff, or the exercise of other City prerogatives involved in layoff. The issues of such appeal shall be limited only to whether or not there was substantial compliance with the procedures for layoffs and the established order of departmental layoff within a classification. RULE - 11 TRANSFER, DEMOTION, SUSPENSION AND REINSTATEMENT Section 11.1. Transfer: No person shall be transferred to a position for which that person does not possess the minimum qualification. Upon notice to the City Manager, an employee may be transferred by the appointing power or designee at any time from one position to another position in a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties and requires substantially the same basic qualifications. City of Moorpark Personnel Rules = Approval Date: °":1 — (Revised 8/29/02) l. `/ v ►art' J r�/ Resolution No. 200 -12 -1;390 Page 41 If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Manager orders the transfer. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the Personnel Ordinance and these Rules. Section 11.2. Demotion: The appointing authority may demote an employee whose ability to perform the required duties falls below standard, or for disciplinary purposes. Upon request of the employee, and with the consent of the appointing authority, demotion may be made to a vacant position. No employee shall be demoted to a position who does not possess the minimum qualifications for that position. Disciplinary demotion action shall be in accordance with the applicable provisions of these Rules. Section 11.3. Suspension: The appointing authority may suspend an employee from a position at any time for a disciplinary purpose. Suspension without pay shall not exceed thirty (30) calendar days, nor shall any employee be penalized by suspension for more than thirty calendar (30) days in any fiscal year. Department heads may suspend a subordinate employee for not more than three (3) working days at any one time, and not more than once in a thirty (30) calendar day period. Intended suspension action shall be reported immediately to the City Manager, and shall be taken in accordance with the applicable provisions of these Rules. Section 11.4. Dismissal: An employee in the Competitive Service may be dismissed at any time by the appointing power. Whenever it is the intention of the appointing authority to dismiss an employee in the Competitive Service, the Personnel Director shall be notified. Dismissal action shall be taken in accordance with the applicable provisions of these Rules. Section 11.5. Reinstatement: With the approval of the City Manager, a regular employee or probationary employee with a good employment record, who has- completed at least six months of probationary service and who has resigned in_good standing_or been separated involuntarily for any reason other than for cause, may be reinstated within one (1) year of the effective date of resignation or involuntary separation, to a vacant position in the same or comparable class. Upon reinstatement, the employee shall be subject to a probationary period of six (6) months. No credit for former employment shall be granted in computing salary, vacation, sick leave or other benefits, except on the specific recommendation of the appointing authority at the time of reinstatement, and upon City of Moorpark Personnel Rules = Approval Date: — (Revised 8/29/02) L � A +.I Resolution No. 200472 -1�9G Page 42 the approval of the City Manager. The employee shall be assigned a new Salary Anniversary Date one (1) year after reinstatement. RULE 12 - PRE- DISCIPLINE, DISCIPLINE AND APPEALS PROCEDURES Section 12.1 Standards of Conduct: All employees are expected to adhere to standards of reasonable and prudent conduct. Each department may set standards required by departmental operations. Employees who violate standards should expect management and supervisors to take appropriate disciplinary actions. Section 12.2. Applicability of Discipline: Disciplinary action may be taken against any person employed by the City. Non - regular employees shall have no right to the notice and hearing requirements set forth within or to any other notice and hearing provision whatsoever. Section 12.3. Discretion in Disciplinary Action: The City Manager, department management and supervisors may exercise their discretion in applying discipline appropriate to the employee's offense (s) and work record. Section 12.4. combination employee for cause. Permitted Disciplinary Action: Any one or of disciplinary actions may be taken against an offenses stated in Section 12.8 or for any other just Verbal Admonishment Written Reprimand Restitution Suspension Reduction in Salary Demotion Dismissal Section 12.5. Verbal Admonishment: When necessary, verbal admonishments shall be given in private on a one -to -one basis between the supervisor and the employee. The supervisor shall include in the admonishment a review of appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior and shall keep a record of the date, time, and nature of such admonishment. Any written report of a verbal admonishment placed in an employee's personnel file shall be removed two (2) years from the date of the written report provided no additional report or further disciplinary action was taken on the same or similar offense during the intervening two (2) year period. Section 12.6. Written Reprimand: A written reprimand shall be prepared for the continued or more serious offense. The reprimand shall take the form of a memorandum including a full, accurate and City of Moorpark Personnel Rules _ Approval Date: °' ° !r (Revised 8/29/02) Resolution No. 2002 -�8 Page 43 factual statement of the reason for the reprimand. The memorandum shall be given to the employee in private. The supervisor shall explain appropriate department standards and policies, employee performance expected in the future and consequences for failure to correct performance or behavior. A copy of the memorandum shall be sent to the City Manager and a copy shall be provided for the employee's personnel file. A dated copy of the written reprimand shall be released to the employee. Within ten (10) calendar days after the employee receives such dated copy, the employee may respond in writing to the reprimand and have such response placed in the employee's personnel file. The employee shall have no further right of response or appeal. Section 12.7. Suspension Without Pay: When in the opinion of the department head, circumstances warrant, a suspension of three (3) days or less may be imposed. Prior to the imposition of such discipline, the department head shall explain appropriate department standards and policies, employee performance expected in the future, and consequences for failure to correct performance or behavior. A written record of the discipline, including a full, accurate and factual statement of the reason therefor, shall be sent to the City Manager to be placed in the employee's personnel file. Within ten (10) calendar days after the date the discipline is imposed, the employee may respond in writing and have such response placed in the employee's personnel file. The employee shall have no further right of response or appeal. Section 12.8. Pre - Disciplinary Procedures: A regular employee being considered for suspension without pay in excess of three (3) work days, restitution, reduction in salary, demotion, or dismissal shall be insured due process through these pre- disciplinary procedures. Section 12.8.1. Written Notice: Written notice of a proposed disciplinary action shall be given to the employee. This written notice shall include the proposed disciplinary action, the charges on which the proposed action is based, and the reasbns or grounds on which the charges are based. Copies of the materials on which the proposed disciplinary action is based shall also be provided to the employee. The notice shall inform the employee of his /her or her right to respond orally or in writing to the notice of proposed discipline, of the right to respond in person or through a designated representative, of the time period during which a response may be made, and the name of the person to whom the response may be made. The notice shall state that failure to respond in the time specified shall constitute a waiver of the right to respond prior to final discipline being imposed. The notice shall be signed by City of Moorpark Personnel Rules -= Approval Dater'? —= 2,jAI= (Revised 8/29/02) L. v �i f;l ✓ �� Resolution No. 2004-2 -189G Page 44 the person initiating the proposed disciplinary action, with a copy to the City Manager. Section 12.8.2. Employee Response: An employee is entitled to a reasonable time not to exceed ten (10) calendar days to answer a notice of proposed disciplinary action. An extension of time may be granted an employee within the aforementioned period if the employee can demonstrate the need for an extension to the department head. Should an employee respond, the department head shall consider the response in reaching a decision on disciplinary action. The employee is entitled to respond in writing or orally, through a designated representative or any combination thereof. If the employee requests a meeting to present a response, the meeting shall not be conducted as an adversarial hearing. The employee may not cross - examine the department's witnesses nor present a formal case to support the response. The employee shall be given the opportunity to make any representations, which the employee believes might affect the decision for disciplinary action. Any time extensions shall be mutually agreed upon. The department has the right to conduct further investigations. Section 12.8.3. Department Head Answer: The department head shall provide a written answer to an employee's response at the earliest practicable date, not to exceed ten (10) calendar days following the response of the employee. The department head shall deliver the notice of decision to the employee at or before the time when the action will be effective. The answer shall be dated and signed by the department head. The answer shall inform the employee which of the reasons and grounds in the notice of proposed disciplinary action have been sustained. The answer shall include a statement of the employee's right to appeal, as provided herein, if and only if such disciplinary action results in suspension without pay in excess of three (3) working days, restitution, reduction in salary, demotion or dismissal. Additionally, the time limit for an appeal and the specific discipline to be imposed, or the decision not to impose discipline, shall be detailed in the answer. The effective date of discipline shall be included in the answer. Any time extensions shall be mutually agreed upon. A decision not to impose discipline shall directive from the department head to delete pending action from the employee's personnel department to make further investigations answer shall not affect the ability of disciplinary action. be accompanied by a all references to the file. Failure by the Dr to provide written the City to impose City of Moorpark Personnel Rules - Approval Date: °' = (Revised 8/29/02) Resolution No. 200472 -1 � 98 Page 45 Section 12.8.4. Appeal of Disciplinary Actions: Any employee may appeal a proposed suspension without pay in excess of three (3) work days, demotion, restitution, reduction in salary, or dismissal to the City Manager within ten (10) calendar days after the receipt by the employee of the department head's answer. An appeal within the described time frame would suspend the effective date of the discipline until a final decision is made. Section 12.8.5. Method of Appeal: Appeals shall be in writing, signed by the appealing employee and delivered to the City Manager. A letter of appeal must outline the basis of the appeal and the action desired by the employee. Section 12.8.6. Appeal Hearing: Upon the receipt of a timely letter of appeal, the City Manager shall set the matter for hearing. The hearing shall be held within thirty (30) calendar days after receipt of the letter of appeal, unless the City Manager grants a continuance in accordance with this Section. The City Manager shall give not less than five (5) calendar days written notice to the affected employee, department's representative and any such person requesting same, of the time and place of such hearing. The hearing shall be closed unless the appealing employee requests, in writing, that the hearing be open to the public. The appealing employee shall appear personally and may be represented by an attorney or by another representative of the appealing employee's choosing. Failure of the appealing employee to appear at the hearing shall waive the appealing employee's right to a hearing on the disciplinary matter. At the appointed time and place, the City Manager or a hearing officer appointed by the City Manager at his /her discretion shall commence the appeal hearing. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing, unless City Manager or hearing officer in his /her discretion, for good cause, otherwise directs. No still photographs (including digital) shall be taken, and no filming of moving pictures or television pictures (videotaping) shall be done in the hearing chamber during a hearing, unless videotaping is approved by the City Manager for the purposes of preparation of a written, verbatim record of the appeal proceedings. The City shall prepare a verbatim record of the appeal proceedings. The appealing employee shall have the right at his /her own expense to do the same. The City Manager or hearing officer, prior to or during a hearing, may grant a continuance for any reason he /she believes to be important to his /her reaching a fair and proper decision. City of Moorpark Personnel Rules - Approval Date: °`: -=' (Revised 8/29/02) Resolution No. 2002 -' Page 46 The City Manager or hearing officer shall give all parties a reasonable opportunity to be heard on relevant issues. The City's representative shall first present an opening statement and oral and /or documentary evidence in support of the City's position. The appealing employee may cross - examine any witness called by the City. The appealing employee may make an opening statement on his /her behalf, and present oral and /or documentary evidence in support of his /her appeal. The City's representative may cross - examine any witness called by the appealing employee. Both the City and the affected appealing employee may then make a closing statement, followed by closing statement by the City. The hearing need not be conducted according to technical rules relating to evidence and witnesses. However, the City Manager or hearing officer may observe the substance of such rules to the end that the matter before him /her can be fairly determined on reliable evidence. Section 12.8.7. City Manager's or Hearing Officer's Finding and Decisions: The City Manager or hearing officer shall, within fifteen (15) calendar days after the conclusion of the hearing, cause findings and decisions to be prepared in writing and shall certify them. The City Manager or hearing officer shall determine whether the proposed action of the department's representative is supported by the evidence presented and is consistent with the provisions of the City's Personnel Rules, resolutions and ordinances. Should the City Manager or hearing officer find that none of the charges are supported by the evidence presented, the decision shall be that no disciplinary action be taken. Should the City Manager or hearing officer find that any or all of the charges are supported, the City Manager or hearing officer may affirm, over -rule, impose more severe action, or modify, in whole or in part, the department representative's proposed disciplinary action. The decision of the City Manager or hearing officer shall be final and conclusive in all cases. Any time extensions shall be mutually agreed upon. Section 12.8.8. Notice of Findings and Decisions: The City Manager's or hearing officer's findings and decisions shall be filed as a permanent record in the appealing employee's personnel file. The City Manager shall deliver a copy of the findings and decisions to the affected employee and the department's representative. The decision shall indicate the effective date of any disciplinary action. Section Except action during 12.8.9. Employee Status during Pre - Disciplinary Period: as otherwise provided, an employee against whom disciplinary is proposed is entitled to be retained in an active status the pre - disciplinary period. When circumstances are such City of Moorpark Personnel Rules -Approval Date:9, "r12GG�; (Revised 8/29/02) Resolution No. 200 ? -1� Page 47 that retention of the employee in active status may result in damage to City property or may be detrimental to the interests of the City or injurious to the employee, fellow employees or the public, the department head may temporarily assign the employee to duties in which these conditions do not exist or place the employee on paid suspension with the approval of the City Manager. Section 12.8.10. Requirement to Appoint Hearing Officer: If the person who initiates the discipline under this Section is the City Manager, the appeal shall be heard by a hearing officer appointed by the City Council. At the first meeting of the City Council held after the letter of appeal is received in accordance with Section 12.8.6, the City Manager shall inform the City Council of the need for such appointment. The City Council shall make the appointment within seven (7) calendar days prior to the date of the hearing. The City Council may extend the period within which the hearing must be held, as prescribed in Section 12.8.7. The extension shall be made within the original period and shall not exceed fifteen (15) calendar days. Section 12.9. Causes for Disciplinary Actions: All employees are expected to conduct themselves in a reasonable and prudent manner within City and respective department standards. Employees who violate such standards should expect appropriate disciplinary actions. The following list of selected causes for disciplinary action is not a total and complete statement of causes of discipline. This list represents those offenses which are most common. Management and supervisors may discipline an employee for other good cause: a. Tardiness. b. Failure to observe precautions for personal safety, posted rules, signs, safety instructions, or to use protective clothing or equipment. C. Careless workmanship resulting in waste of materials. d. Unsatisfactory work performance. e. Misuse or abuse of sick leave privileges; i.e., failure to present adequate documentation of illness when required by the City Manager or respective department head, repeated absences before or after days off, use for unauthorized purposes. f. Failure, refusal or delay in carrying out orders, work assignments, or instructions of superiors in a prompt competent and reasonable manner; insubordination; inattention to or dereliction of duty, including wasting City of Moorpark Personnel Rules - Approval (Revised 8/29/02) Resolution No. 200 ? —Y�9G Page 48 time or working below expected level of output, inefficiency. g. Acceptance of gifts or gratuities from parties doing business with the City. h. Unauthorized sleeping while on duty. i. Disorderly conduct: fighting, threatening, attempting to inflict bodily injury on another; engaging in dangerous horseplay. j. Being on duty under the influence of any intoxicant or controlled substance or reporting for duty while intoxicated or under the influence of a controlled substance. k. Loss or destruction of City property or the property of others through carelessness. 1. Engaging in political activities while on duty or on the premises of City Hall. M. Unexcused absence from duty. n. Reckless driving on City premises or reckless operation of City vehicle. o. Gambling or promotion of gambling on City premises or while on duty. p. Endangering the safety of or causing injury to any employee, including himself /herself. q. Unauthorized disclosure of confidential information as defined by law or by written directive of the City or respective department. r. Disrespectful conduct, use of insulting, abusive, or vulgar language to, or about other employees or the public. S. Discourteous treatment and /or failure to maintain satisfactory or harmonious working relations with the public or City employees. t. Unauthorized use of City vehicles, equipment or supplies. U. Careless, negligent or improper uses of City property, equipment or funds including unauthorized use for private City of Moorpark Personnel Rules - Approval Date: ° "` r (Revised 8/29/02) Resolution No. 200472 - Page 49 purposes or use involving damage or unreasonable risk of damage to property. v. Covering up or attempting to conceal defective work; removing or destroying same without permission. w. Falsification, misstatement or concealment of material fact in connection with employment, promotion, any record, investigation, or other proper proceeding. X. Making false or unfounded statements, which are defamatory about other employees or City officials. Y_ Willful damage to City property or to the property of others. Z. Official conduct unbecoming a City officer or employee which tends to discredit the City or the City service. aa. Any on -duty violation of federal, state or local laws or any off -duty violation of law which might bring discredit to the City. bb. Sexual harassment. CC. Participation in an unlawful strike, work stoppage, slowdown, or other unlawful job action against the City. dd. Misappropriation of City funds. ee. Conduct tending to interfere with the reasonable management and discipline of the City or any of its departments or activities. ff. Engaging in incompatible employment elsewhere and /or outside employment that has not been specifically authorized. gg. Willful or negligent violation of Personnel Rules and regulations and /or written departmental rules, regulations and policies. hh. Conviction of a felony. RULE 13 - ATTENDANCE AND LEAVES Section 13.1. Attendance at Work: Employees shall be in attendance at their work in accordance with the rules regarding City of Moorpark Personnel Rules = Approval Date:�4,142(jAl- (Revised 8/29/02) 1 Resolution No. 2002 -fir Page 50 hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees, which shall be reported to the City Manager in the form and on the dates as directed. Failure on the part of an employee, absent without leave, to return to duty within three (3) business days after a due notice to return to work has been deposited with the United States Postal Service shall be deemed to have resigned his /her employment with the City. A letter deposited with the United States Postal Service addressed to the employee's last known address shall be reasonable notice. Section 13.2. Hours of Work: Daily hours of work (or shifts) for employees within departments shall be assigned by department heads as required to meet the operational requirements of said department. Any foreseeable absence or deviation from regularly scheduled working hours desired by an employee shall, in advance, be cleared through the employee's department head, and such absences shall be noted on the employee's time sheet. City offices shall be kept open for regular business on all days of the year except Saturday, Sunday and holidays approved by the City Council. Employees for whom necessity requires a different regular work schedule than that generally applied, shall work according to a work schedule prepared by the employee's department head. Section 13.3. Leave- of- Absence: The City Manager, after consultation with the affected department head, may grant a regular full -time or part -time employee an unpaid leave - of- absence for a period not to exceed a total of ef ei4.1- _aneesninety (90) calendar days. If an employee has ali=e is eligible for Pregnancy Disability Leave (pursuant to Section 13.9), Family Medical Leave (pursuant to Section 13.11), and /or California Family Rights Act Leave (pursuant to Section 13.12) , The t_e�l: eeffiidlive leave e£ de,se.-;bed ; . th; g g_ et- e an unpaid leave of absence shall not be considered for approval until. the completion of such leaves arid use of all available paid time of:E for which he or she is eligible. No leave of absence shall be granted except upon written request of the employee setting forth the reason for the request. The leave of absence may be approved b•., the City Manager at his or her discretion. Personal leaves of absence are not guaranteed. 1 <.equests for such leaves of absence will be considered on the basis of a combination of factors, including the employee's length of service, performance, f:,ositi_on, responsibility level, the reason for the request, whether (:)t::her individuals are already out on leave, and the expected impart of the leave- on the empl2_yer. If approved, such ?approval shall be in writing, and may consist of a completed Personnel Action Form approved by the department head and City of Moorpark Personnel Rules = Approval Date: "" (Revised 8/29/02) Resolution No. 2004 -2- 3 Page 51 City Manager_and an agreement letter signed by the City Manager and the emplovee. Upon expiration of an approved leave of absence, the employee aftc /e�zedefal laws. is enti.tl.ed to the same or a comparable position with the same or similar duties and virtually identical pa- y,_benefits, and other terms and conditions of employment unless r_he same position and ate_ comparable positions have ceased to exist because of legi.timate business reasons unrelated to the employee's leave of abserice. _. L,e; fizt —#-e- w efk, eh , 'lam eacjse ef diqFfiissal. The de p esitiTg 3 An employee who fails, to rer::ort to work at their regular work shift on the day aft -er t_he leat,,e of absence expires will be considered to have voluntarii� resigned from his or her position. Any employee on an approved unpaid leave - -of -- absence shall receive no compensation, no vacation benefits, and no sick leave upon the effective date of the approval of the leave. Paid benefits will be continued through the balance of the premium period, not to exceed one (1) month. For an unpaid leave of absence, City contributions to retirement, health and medical plans shall be suspended until the employee is r-e±nstated returns to work (does not apply to an employee on approved Family Medical Leave, pursuant to Section 13.11, and /or California Family Rights Act Leave, pursuant to Section 13.12). An employee who is on unpaid leave - of- absence may choose to continue his /her insurance coverages during the leave- of- absence by paying the City the required premiums at the same time that the premiums would have been paid by the City and the employee, had the employee been in a paid status. The City shall not be required to make such payments on the employee's behalf if the employee fails to timely make the full amount of the payments to the City. An employee tat returning to' work after a leave--of--absence shall receive the same step in the salary range the employee received when the leave- _of- _absence began. Time spent on such leave shall not count towards service for increases within the salary range or benefit accruals. The employee's anniversary shall be set forward in time one -half (') month for each fifteen (15) consecutive calendar days taken. The employee shall retain accumulated vacation credits, sick leave credits, seniority ranking, and other similar credits; however, such credits shall not accrue to a person granted such leave during the period of absence. City of Moorpark Personnel Rules - Approval Date:= . , (Revised 8/29/02) .. t I ­­I Resolution No. 200-1-? -1s 90 Page 52 Section 13.4. Military Duty: Military leave shall be granted, in accordance with the applicable provisions of state and federal law, to employees who are members of the state national guard or of the organized reserves of the Armed Forces of the United States. An employee entitled to military leave shall give his /her department head an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Prior to taking military leave, an employee, when possible, shall present a copy of his /her military orders to the department head. Employees who are required to perform active military duty (does not include inactive duty such as scheduled reserve drill periods) will be paid their regular salary for such active duty, up to a maximum of 30 calendar days in each fiscal year. Section 13.5. Vacation Leave: Each full -time regular and probationary employee shall accrue vacation leave with pay as follows: a. The first through fifth years of service the vacation leave shall be 3.6923 hours per pay period (equivalent to 12 eight -hour days per year). b. Commencing with the sixth year of service (after completion of five years of service) with the City, the vacation leave shall be accrued as follows: Year Six - 4.0000 hours per pay period (equivalent to 13 eight -hour days per year); Year Seven - 4.3077 hours per pay period (equivalent to 14 eight -hour days per year); Year Eight - 4.6154 hours per pay period (equivalent to 15 eight -hour days per year); Year Nine - 4.9231 hours per pay period (equivalent to 16 eight -hour days per year); Year Ten - 5.2308 hours per pay period (equivalent to 17 eight -hour days per year); Year Eleven - 5.5385 hours per pay period (equivalent to 18 eight -hour days per year); Year Twelve - 5.8462 hours per pay period (equivalent to 19 eight -hour days per year); City of Moorpark Personnel Rules - Approval Date: ° ° "� = (Revised 8/29/02) Resolution No. 200- 1-2 -1�90 Page 53 Year Thirteen - 6.1538 hours per pay period (equivalent to 20 eight -hour days per year, the maximum accrual rate). Vacation time accrues from the date of hire consistent with the above schedule, and shall be accrued monthly on a pro -rata basis. Regular and probationary part -time employees shall accrue similar vacation leave benefits at a ratio determined by the actual number of hours worked with two thousand eighty (2,080) hours equivalent to one (1) year of service. Only regular and probationary employees shall accrue vacation leave. Vacation leave may be taken as it accrues except that employees serving an original probationary period in the Competitive Service of the City may not take such leave until the probationary period is completed. Earlier use of accumulated vacation may be authorized by the department head with the concurrence of the City Manager. The dates of vacation leave may be selected by the employee but shall be approved by the department head who shall consider the wishes of the employee and the needs of the City. In the event that one or more municipal holidays fall within a vacation leave, such holiday equivalent to eight hours shall not be charged as vacation leave. Employees who terminate shall be paid for accumulated vacation leave based upon their then current rate of pay. The estate of a deceased employee shall be paid the amount of that person's accumulated vacation leave. An employee may not accumulate more than two hundred eighty (280) hours of vacation at any time. When an employee's accumulated vacation balance reaches the maximum of two hundred eighty (280) hours, accrual of vacation shall cease. The employee shall not accrue further vacation until such time as the employee's accumulated vacation balance again falls below the maximum. Any vacation leave accumulated as a result of the conversion of sick leave or other leave to vacation leave as authorized by an agreement between the City and an Exclusively Recognized Employee Organization as defined in City Resolution No. 87 -380 (or such successor resolution) or as may be otherwise authorized by the City Council, shall not be in addition to the two hundred eighty (280) total hours of vacation leave that may be accumulated each year. Thus, no such conversion shall be permitted which would cause an employee's accumulated vacation balance to exceed the maximum. Such additional accrual shall not exceed forty (40) hours in any year. It is the responsibility of the employee to monitor his /her vacation balance and ensure that it does not exceed the maximum. The loss of vacation accrual shall not occur if the use of vacation leave has been delayed by the City due to unusual or emergency conditions as authorized by the City Manager. Under such conditions, the City Manager may, as authorized by the City City of Moorpark Personnel Rules _ Approval Date: °° ".'ter (Revised 8/29/02) Resolution No. 200 -2- 0 Page 54 Council, pay the employee the cash equivalent for all or part of the vacation that would have been accumulated in excess of the maximum. Section 13.6. City Established Holidays: Holidays shall be observed during the calendar year according to the dates as established by City Council resolution. When a holiday falls on Saturday, the preceding Friday shall be observed, and when a holiday falls on a Sunday, the following Monday shall be observed, except as otherwise stated in a City Council resolution establishing City holidays. Regular part -time employees shall be paid for holidays based upon the ratio of the number of hours regularly scheduled for the work week, and based upon the full -time equivalent for that position. Holiday pay for full -time employees shall be equivalent to an eight -hour workday. Notwithstanding the foregoing provisions of this section, the City Manager shall be authorized, by administrative regulation or otherwise, to direct that all or a portion of the public offices of the City shall remain open for business, on a full or reduced staff basis, on any holiday when he /she determines it to be necessary in the public interest to do so. Section 13.6.1. Floating Holiday Leave: All regular full -time employees shall accrue eight (8) hours Floating Holiday Leave on January 1 and July 1 of each year. Regular full -time employees utilizing their Floating Holidays must use a full eight hours of Floating Holiday Leave, at any one time. All regular part -time employees shall accrue on January 1 and July 1 of each year prorated Floating Holiday Leave, based upon the ratio of the number of hours regularly scheduled for the work week and the Floating Holiday Leave available to regular full -time employees. Regular part -time employees utilizing their Floating Holiday leave must use a minimum of prorated Floating Holiday Leave they earned on either January 1 or July 1 at any one time. An employee may not accumulate Floating Holiday Leave in excess of the number of hours of Floating Holiday Leave he /she would accrue in a one -year period. When an employee's accumulated Floating Holiday Leave balance reaches the maximum, accrual of Floating Holiday Leave shall cease. The employee shall not accrue further Floating Holiday Leave until such time as the employee's accumulated Floating Holiday Leave balance again falls below the maximum, and accrual shall only occur on the established accrual dates. Regular full -time and part -time employees must provide the City with a minimum of 48 hours notice prior to requesting approval of Floating Holiday Leave. The City reserves the right to approve or deny requested use of Floating Holiday Leave based upon the service needs of the City. Employees terminating their employment with the City shall be paid for City of Moorpark Personnel Rules - Approval Date:"" "�=>l= (Revised 8/29/02) cj-4 �f^ �` .i a. a..... J Resolution No. 200-12 - Page 55 accumulated Floating Holiday Leave based upon their then regular rate of pay. Section 13.7. Jury Duty: In the event a regular full -time employee is required to serve as a trial juror, the employee shall be allowed to be absent from duties with the City during the period of such service. An employee is required to complete his /her regularly scheduled work week hours in combined service to the City and /or court unless otherwise excused by the City Manager. An employee who is released by the court from jury service on any regularly scheduled work day shall return to his /her duties with the City to complete any remaining portion of regularly scheduled work hours unless otherwise excused by the City Manager. The employee shall receive regular compensation in an amount established by City Council resolution, for a maximum of 30 workdays in a calendar year, except mileage allowance, for any regularly scheduled work hours spent in the actual performance of jury service and actual travel time to and from the City and the court, provided the fees, except mileage and subsistence allowances, which the employee received as a juror are remitted to the City. Juror service time performed during day(s) an employee is not regularly scheduled to work shall not be compensated by the City nor shall be considered hours of employment. The employee shall retain as compensation from the court all fees, mileage and subsistence allowances which the employee received for the juror service time performed during day(s) an employee is not regularly scheduled to work. The employee shall prepare and submit to the City Manager a weekly statement of actual jury service plus the actual travel time to and from the City and the court. The employee shall give the City prompt notice of the employee's required jury service. This section does not include service on the Grand Jury of any County or any jury of inquest. Section 13.8. Bereavement Leave: Any regular full -time or part - time employee may be allowed to be absent from duty for up to three (3) consecutive working days (not to exceed twenty -four working hours) without loss of pay because of the death of a member of his /her immediate family. When travel to distant locations or other circumstances requires absence in excess of three consecutive working days, the appointing authority may allow the use of accumulated vacation, administrative leave, compensatory time, or up to two days of accumulated sick leave to supplement the three working days provided in this section. For the purpose of this section, "immediate family" shall mean the husband, wife, parent, brother, sister, child (including child beyond the first trimester City of Moorpark Personnel Rules - Approval Date r=�'�=G (Revised 8/29/02) C'v t,.' s'_ Resolution No. 2004-27190 Page 56 of a pregnancy), step- child, grandchild, grandparent, father -in- law, mother -in -law, son -in -law, daughter -in -law, or step - parent of an employee. The City shall not be obligated to grant Bereavement Leave for an employee more than twice (2 times) per calendar year. The City Manager, in his /her sole discretion, may approve the use of Bereavement Leave for the death of other persons closely associated with an employee. Section 13.9. Pregnancy Disability Leave: To be eligible for Pregnancy Disability Leave, a female employee must be disabled by pregnancy, childbirth, or related medical conditions. Adoptions do not qualify for Pregnancy Disability Leave. Pregnancy Disability Leave is only available during the actual period of disability due to pregnancy or related condition up to a maximum of four months. The Pregnancy Disability Leave includes any time taken for any of the following reasons: a. The employee is unable to work at all or is unable to perform any one or more of the essential functions of her job or is unable to perform any one or more of the essential functions of her job without undue risk to herself, the successful completion of her pregnancy, or to other persons because of pregnancy or childbirth or because of any medically recognized physical or mental condition that is related to pregnancy or child birth (including severe morning sickness); or b. The employee needs to take time off for prenatal care. Pregnancy Disability Leave may be taken in one or more periods (intermittently) or on a reduced leave schedule when medically advisable, as determined by the employee's health care provider, but may not exceed four months total. "Four months" means that number of days the employee would normally work within four months. Pregnancy Disability Leave shall run concurrently with any available Family and Medical Leave. Pregnancy Disability Leave shall not count against the leave available under the City's rule on California Family Rights Act Leave. An employee on Pregnancy Disability Leave must use all accumulated paid sick leave, and may use accumulated paid vacation time, accumulated administrative leave, and earned compensatory time. The receipt of vacation pay, administrative leave pay, compensatory time pay, sick leave pay, or disability insurance benefits will not extend the length of the Pregnancy Disability Leave. An employee may use paid accumulated sick, vacation, and administrative leave to supplement payments received as disability insurance benefits, City of Moorpark Personnel Rules = Approval Date: °':` !- (Revised 8/29/02) Resolution No. 200 -12 -3�9 Page 57 but the combination of paid leave and disability pay may not exceed the employee's regular salary. An employee on Pregnancy Disability Leave without pay shall receive no compensation and shall not accrue vacation benefits or sick leave. While an employee is on unpaid Pregnancy Disability Leave, the City's contributions to all benefit plans (e.g., retirement, medical, optical, dental, life insurance, disability etc.) will be suspended until the employee returns to work, unless such contributions are required by the Federal Family and Medical Leave Act. An employee who is on unpaid Pregnancy Disability Leave may choose to continue her insurance coverages during the leave— of— absence by paying the City the required premiums at the same time that the premiums would have been paid by the City and the employee, had the employee been in a paid status. The City shall not be required to make such payments on the employee's behalf if the employee fails to timely make the full amount of the payments to the City. An employee on unpaid Pregnancy Disability Leave shall retain the vacation time, administrative leave, compensation time, seniority ranking and other similar credits accumulated, but not used, prior to the commencement of the Pregnancy Disability Leave without pay. An employee on unpaid Pregnancy Disability Leave remains an employee and the leave will not constitute a break in service. An employee who returns from Pregnancy Disability leave will receive the same step in the salary range she received when such leave began. The period of Pregnancy Disability Leave without pay shall not count towards service for increases within the salary range or benefit accruals. The anniversary of an employee on Pregnancy Disability Leave without pay will be set forward in time one -half month for each fifteen (15) consecutive calendar days of such leave. An employee requesting Pregnancy Disability Leave must provide medical certification from her health care provider on a form supplied by the City. Failure to provide the required certification in a timely manner (within 15 days of the leave request) may result in denial of the leave request until such certification is provided. An employee should provide not less than five (5) working days' notice to her department head, or such shorter notice as is practicable, if the need for the leave is foreseeable. The request must also include a scheduled date of return. Failure to provide any such notice is grounds for denial of a leave request, except if the need for Pregnancy Disability Leave was an emergency or was otherwise unforeseeable. The Pregnancy Disability Leave may extend for a maximum of four (4) calendar months. Where possible, employees must make a reasonable effort to schedule foreseeable City of Moorpark Personnel Rules - Approval Date : - (Revised 8/29/02) Resolution No. 200-1-2-1°90 Page 58 planned medical treatments so as not to unduly disrupt the City's operations. If an employee needs intermittent leave or leave on a reduced leave schedule and it is foreseeable based on planned medical treatment, the employee may be transferred temporarily to an available alternative position for which she is qualified that has equivalent pay and benefits and that better accommodates recurring periods of leave than her regular position. Upon return to work at the expiration of the Pregnancy Disability Leave period, an employee is entitled to the same position unless the employee would not otherwise have been employed in the same position at the time reinstatement is requested for legitimate business reasons unrelated to the employee's Pregnancy Disability Leave or each means of preserving the job for the employee (such as leaving it unfilled or filling it with a temporary employee) would have substantially undermined the City's ability to operate safely and efficiently. If the employee is not reinstated to the same position, she must be reinstated to a comparable position unless there is no comparable position available or a comparable position is available, but filling that position with the returning employee would substantially undermine the City's ability to operate the business safely and efficiently. A "comparable position" is a position that involves the same or similar duties and responsibilities and is virtually identical to the employee's original position in terms of pay, benefits, and working conditions. Before an employee will be permitted to return from a Pregnancy Disability Leave of three (3) days or more, the employee must obtain a certification from her health care provider that she is able to resume work. Failure on the part of an employee on leave to report promptly at its expiration shall be cause for dismissal. If an employee takes additional leave for reason of the birth of her child at the expiration of her Pregnancy Disability Leave, her right to reinstatement is governed by the City's Family and Medical Leave policy or a determination of reasonable accommodation, not by this Pregnancy Disability Leave policy. Section 13.10. Sick Leave A. Allowable Uses and Definition of "Immediate Family" For Purposes of Sick Leave Use City of Moorpark Personnel Rules = Approval Date:4 (Revised 8/29/02) 1:J V iii •.r'� Resolution No. 20012 -189$ Page 59 Sick leave shall not be considered as a privilege, which an employee may use at his /her discretion, nor shall it be permitted to be used for organizational disruption during a labor dispute, but rather it shall be allowed only for the following reasons: 1. Illness and physical incapacity of the employee due to non -work related illness, injury or temporary disability. 2. Enforced quarantine of the employee in accordance with community health regulations. 3. Job - related injury or illness pursuant to the provisions of Rule 14.0. 4. Appointments for health care for the employee or immediate family as defined in items 5a.), 5b.), 5c.) and 5d.), to follow, provided that a note from the health care provider is provided to the City if requested and the supervisor is informed of the intention to use sick leave for a medical appointment as soon as the appointment is scheduled and in no event less than three (3) work days prior to the scheduled appointment date unless said appointment is a result of an emergency situation; and, 5. Care of immediate family if a person is a member of the household or a dependent as follows: a) "Spouse" (SPuse m.eans a legal s--,-.,.:se as defined b State law.); b) "Child" ( _ , �. '(_'hild means a biological, foster or ado ted child, a s+-e child, a legal ward, or a child of a oerson standing in loco parentis) pew I to age 25, or currently enrolled under the City's health insurance program, whichever is longer,.) c) "Parent" (Parent means a biological, foster or adootive parent, a stepparent, or a legal uardian ) d) Other individual whose relationship to the employee is that of a dependent living in the same household as determined by the City Manager at his /her sole discretion. An employee must request a predetermination of such status and such information will be considered confidential to the extent permitted by law. The employee may make one request for such determination once per calendar City of Moorpark Personnel Rules - Approval Date:i /':i1:'t ".;:. (Revised 8/29/02) Resolution No. 20012 -1�99 Page 60 year, but not within six months of the last request. The City Manager shall make his /her determination within thirty (30) days after receiving the request in writing; e6 }. Care of non - dependent child or parent not living in same household and care of domestic partner or domestic partner's child as follows: if lie the -e h rl d er pai=ent is net a dependent ticteffi shall: 15e _.An employee may use in any calendar year the employee's accrued and available sick leave entitlement in an amount that would be accrued durina six months at the employee's then current rate of entitlement to attend to an illness of a child, parent, spouse, domestic partner or child of a domestic partner of the employee. Under this section "domestic partner" means a legal domestic partner, as defined by State law (California Familv Code Section 297), including the filina of a Declaration of Domestic Partnership with the Secretary of State. B. General Provisions Each full -time regular and probationary employee shall accrue sick leave at the rate of 3.0769 hours per pay period (equivalent to 10 eight -hour days per year). Regular part -time employees accrue sick leave at a ratio determined by the actual number of hours worked. Accumulated sick leave has no monetary value. In order to receive compensation while absent on sick leave, the employee shall notify his /her immediate supervisor or the department head of his /her illness and location. Such notice shall at a minimum require: 1) That the supervisor and /or department head are provided a telephone message prior to or within one -half hour after the time set for the employee's work shift to begin; and 2) That the employee speak to their supervisor or department head, or if not available speak to the person designated by the department head to receive such verbal notice, prior to or within two hours after the time set for the employee's work shift to begin. The employee shall remain at home during the hours for which sick leave is to be charged, with the exception of the time an employee needs to leave their residence for the purposes of a medical appointment, medical treatment, and /or related activities. Employees using sick leave would also be permitted to leave their residence for the purpose of providing transportation for their dependents (such as transportation to and from school or childcare). City of Moorpark Personnel Rules _ Approval (Revised 8/29/02) Resolution No. 200-1-2-1890 Page 61 The City Manager may at his /her discretion require an employee to submit a physician's written certification stating the nature and cause of an absence, which may include when the employee has been absent on sick leave for more than three (3) consecutive regular work shifts. When in the judgment of the City Manager the employee's reasons for being absent because of alleged sickness are inadequate, a finding shall be made that the employee has abused sick leave privileges and the absence shall be counted as absence without leave. An employee who becomes ill while on vacation, may have such period of illness charged to the employee's accumulated sick leave instead of vacation. The employee must immediately upon returning to work submit a written request to the department head for sick leave and a written statement from a physician stating the nature and cause and dates of the illness. Such request must be approved by the department head and the City Manager. An employee shall have the equivalent number of hours deducted from his /her accumulated sick leave time for each regularly scheduled working day that the employee is on paid sick leave. In the event that an employee becomes ill during working hours and is placed on paid sick leave prior to the close of the workday, such paid sick leave shall be calculated to the nearest one - quarter hour. An employee using sick leave during the workweek, who is subsequently required to work extra hours, shall have the option of being paid at the straight time rate or reduce their charge against their accumulated sick leave. Observed holidays occurring during sick leave shall not be charged against an employee's accumulated sick leave. An employee who is absent from work the day preceding or succeeding an observed holiday without prior written authorization from the City Manager shall not be allowed the use of accumulated sick leave for such absence. The City Manager may waive this provision if written documentation is provided concerning the nature of the illness resulting in the absence. The intent of this Rule is that is the responsibility of the employee to seek the waiver. An employee may be required to take physical examinations at periodic intervals while on sick leave from a physician designated and paid for by the City. In the event that an employee uses all the sick leave he /she has accumulated, he /she shall then have the vacation days he /she has accumulated deducted for each day he /she is absent due to illness. Vacation days shall continue to be deducted until the employee either returns to work or all of accumulated vacation days are City of Moorpark Personnel Rules = Approval (Revised 8/29/02) Resolution No. 200 -12 -1�98 Page 62 used. The employee may apply to receive a leave- _ of- _absence without pay, if the employee does not have any accumulated vacation or sick leave. C. Sick Leave Approval 1. Any employee requesting to use his /her sick leave privilege, who has a balance of less than forty (40) hours of such leave at the beginning of the pay period in which the leave is requested or when his /her supervisor provides written notice to the employee that he /she reasonably believes that an abuse of sick leave privilege is occurring, may be required by his /her supervisor to provide a certificate from a physician that the absence from work due to illness or injury was medically justified. Non - compliance with the request for a medical certificate could result in a denial of the use of the sick leave privilege for that period of absence. 2. Once the medical certificate is required of an employee, the employer may require the employee to provide a certificate with each absence until the employee's accumulated sick leave balance has reached forty -eight (48) hours. This requirement shall be discontinued at such time the employee has sick leave balance of at least forty -eight (48) hours. This does not supersede the City's ability to require a medical certificate consistent with other applicable provisions of the Personnel Rules; and 3. An employee using more than his /her annual accrual of sick leave in less than 26 pay periods may be notified that a physician's certificate is to be provided to the supervisor with each absence due to illness or injury until his /her sick leave balance reaches forty (40) hours. This provision will not normally be invoked if the circumstances, which cause the employee's sick leave use, included extended illness or recovery from surgery. 4. Use of sink leave following resignation shall in all - - -- - - - - - -- - -- cases require the employee to provide a medical certificate to verify nee-: for the absence fror-, work. D. Conversion of Sick Leave So long as an employee has at least the minimum number of sick leave hours accumulated for his /her service time as specified in the table below as of December 31 of any year, the employee may City of Moorpark Personnel Rules = Approval Date:44-1 --r; "-- (Revised 8/29/02) Resolution No. 200 2 -1?90 Page 63 choose to convert up to leave to vacation leave. declaration to convert L accumulated vacation to December 31. Once the shall be subject to the forty (40) hours of the accumulated sick The employee must submit his /her written p to 40 hours of accumulated sick leave to the City Manager between December 1 and sick leave is converted to vacation, it provisions of Section 13.5 of these Rules. Months of Service Accumulated Sick Leave Hours 107 Months or Less 240 108 - 119 Months 250 120 - 131 Months 260 132 - 143 Months 1 - 270 144 or More Months 1 280 E. Sick Leave Donation The City may establish a sick leave donation program, through adoption of either a City Manager approved administrative procedure or City Council approved policy, whereby all regular City employees may voluntarily participate in and benefit from a leave bank for regular employees incapacitated due to a serious illness or injury who have exhausted their paid leave. Such donation by an employee may not exceed 40 hours per employee receiving the donation and per calendar year. Section 13.11. Family and Medical Leave: A. Eligibility and Uses To be eligible for Family and Medical Leave pursuant to the Federal Family and Medical Leave Act, the employee must have been employed by the City in a full -time or part -time position for at least twelve (12) months and must have worked at least 1,250 hours during the twelve (12) month period immediately preceding start of the Family and Medical Leave. The Family and Medical Leave can include any time taken (with or without pay) up to twelve (12) work weeks in any twelve (12) month period, for any of the following reasons: 1. To care for the employee's newborn child or a child placed with the employee for adoption or foster care. Leaves for this purpose must conclude twelve (12) months after the birth, adoption, or placement. If both parents are employed by the City, they will be entitled to a City of Moorpark Personnel Rules - Approval Date:+ =-.G I; (Revised 8/29/02) Resolution No. 200 -12 -188 Page 64 combined total of twelve (12) weeks of leave for this purpose. 2. Because of the employee's own serious health condition (including a serious health condition resulting from an on- the -job illness or injury) that makes the employee unable to perform his or her job at all or unable to perform any one or more of the essential functions of his or her job, other than a disability caused by pregnancy, childbirth, or related medical conditions, which is covered by the City's separate rule on Pregnancy Disability Leave. 3. To care for a spouse, child, or parent with a serious health condition. B. Definitions The following definitions apply for purposes of Section 13.11 only: 1. Child: a biological, adopted, or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis, who is either under age 18, or an adult dependent child (e.g., over age 18 ef eldef.and incapable of self -care because of a mental or physical disability). 2. Family and Medical Leave: Either unpaid or paid leave taken in accordance with this Rule. 3. Foster Care: Foster care means the twenty -four (24) hour care for children in substitution for, and away from, their parents or guardian which involves an agreement between a state and the foster family. Foster care may be with a child's relatives. 4. Health Care Provider: a. An individual holding either a physician's osteopath's, or surgeon's certificate. b. Any person duly licensed as a physician, surgeon, osteopathic physician in California or in another state or jurisdiction who directly treats or supervises the treatment of the serious health condition. C. Any other person determined by the United States Secretary of Labor to be capable of providing health care services un<:ier ai:;plicabl.e. law. City of Moorpark Personnel Rules = Approval Date:4t' -=i4�_ (Revised 8 /29/02) Resolution No. 20012 -188 Page 65 d. Other persons as defined by state and federal law. 5. Serious Health Condition is an illness, injury, impairment or physical or mental condition that involves either of the following: a. In- patient care in a hospital, hospice, or residential ffiediealhealth care facility, including any period of incapacity or any subsequent treatment in conjunction with such inpatient care (excluding voluntary or cosmetic treatments that are not medically necessary and do not require inpatient hospital care unless complications develop); or b. Continuing treatment by a health care provider. 6. Spouse: Those people considered legally married by the State of California. A domestic partner is not considered a spouse for these purposes. 7. The twelve (12) month period in which twelve (12) weeks of Family and Medical Leave may be taken is the twelve (12) month period immediately following the start of any Family and Medical Leave. 8. Twelve (12) Workweeks means the equivalent of twelve (12) of the employee's normally scheduled workweeks. 9. Week(s): Week means five (5) working days for a full -time employee. For a part -time employee, a weekly average of the hours worked over the twelve (12) weeks prior to the beginning of the leave shall be used to calculate the employee's week. C. Duration and Use of Accumulated Leave Family and Medical Leave can be taken in one or more periods, but may not exceed twelve (12) workweeks total for any purpose in any twelve (12) month period for any one, or combination of the described situations. I= -he City ar at any time that an emolo -ee is taking paid or :m pa d leave for a Fa-m lv and Medical Leave quai f V' r ; reason t1 -o � 1L j' may re- r Dart 1 v 'ly O 'i:t - the ei r...,loye_e' S 'Leave as a Fam: ! v and' 1,eu]_cal 'Leave start[incl from the ate that t:he employee - — oec� un his or her leave o_ ausencE. City of Moorpark Personnel Rules - Approval Date:+ -==rr- (Revised 8/29/02) Resolution No. 2002 -1�99 Page 66 An employee may use accumulated sick, vacation and administrative leave, including use of such leave in combination with disability insurance payments, while on Family and Medical Leave. Any employee on Family and Medical Leave because of his or her own serious health condition must use all accumulated paid sick leave, vacation leave and administrative leave at the beginning of any otherwise unpaid Family and Medical Leave period. An employee on Family and Medical Leave to care for a spouse, parent, or child with a serious health condition must use all accumulated vacation leave and administrative leave at the beginning of any otherwise unpaid Family and Medical Leave period. Accumulated sick leave may be used during an otherwise unpaid Family and Medical Leave only to the extent permitted by Section 13.10 of these Rules. An employee on Family and Medical Leave for childcare must use all accumulated paid vacation leave and administrative leave at the beginning of any otherwise unpaid Family and Medical Leave. All other eligible Family and Medical Leaves not addressed in this Subsection C are unpaid leaves. The receipt of vacation leave pay, sick leave pay, administrative leave pay, or disability insurance benefits does not extend the length of the Family and Medical Leave beyond the twelve (12) workweeks in any twelve- (12) month period as specified in this Section. An employee using accumulated leave while on Family and Medical Leave shall continue to fully accrue vacation, sick, and administrative leave benefits, and such Family and Medical Leave shall count as time worked for purposes of establishing seniority for layoff, recall, promotion, job assignment and seniority related benefits such as vacation. An employee on Family and Medical Leave without pay shall receive no compensation and shall not accrue vacation or administrative leave benefits or sick leave. Unpaid Family and Medical Leave shall not count as time worked for purposes of establishing seniority for layoff, recall, promotion, job assignment and seniority related benefits such as vacation. An employee on unpaid Family and Medical Leave shall retain seniority ranking. Employment benefits other than health benefits, defined below in Subsection D, shall be handled in the same manner as benefits for employees on a leave of absence without pay. D. Health Benefits Coverage and Premium Payments City of Moorpark Personnel Rules - Approval Date:*= (Revised 8/29/02) Resolution No. 200472 -188 Page 67 1. While an employee is on Family and Medical Leave, the City's contributions on behalf of the employee to the City's medical, dental, optical plans (health benefits) will be continued, including any City paid dependent coverage, in the same manner as when the employee is on paid status. Short and long -term disability and life insurance benefits for employee and City paid dependent coverage will also be continued. (Premium payments for short and /or long -term disability insurance would be discontinued when no longer required to be paid by the insurance provider, due to initiation of benefit payments.) 2. An employee who is on unpaid Family and Medical Leave may choose to continue optional insurance coverages by paying the City the required premiums at the same time that the premiums would have been paid by the City and the employee, had the employee been in a paid status. The City shall not be required to make such payments on the employee's behalf if the employee fails to timely make the full amount of the payments to the City. 3. During unpaid Family and Medical leave, an employee may elect to discontinue health insurance coverage for a spouse and /or any dependent(s) as well as any other benefits offered or sponsored by the City to which the employee is required to make monthly contributions. 4. An employee shall continue to be responsible for making the payment of required contributions towards the cost of benefits not revoked under (3) above. If any premium amounts are increased or decreased as to other employees similarly situated, the employee shall be required to pay the new premium rates. 5. All contributions required to be made by the employee are due and payable to the City at the same time as they would be made through payroll deduction. 6. If any monthly contributions required under this Section are not received within thirty (30) days of their due date, the City shall discontinue said benefit(s). 7. Employees included in a retirement plan may continue to make contributions in accordance with the terms of the plan during the Family and Medical Leave. However, the City shall not be required to make plan payments for employees during the unpaid Family and Medical Leave, and City of Moorpark Personnel Rules - Approval Date:"i_,*= 9—_ (Revised 8/29/C2) Resolution No. 2003 -1P-9G Page 68 the unpaid Family and Medical Leave shall not be counted for purposes of time accrued under the plan. 8. The City shall recover the premium it paid for maintaining health benefits for an employee during unpaid Family and Medical Leave if the employee fails to return to work promptly upon the expiration of Family and Medical Leave for reasons other than the continuation, recurrence or onset of a serious health condition or other circumstances beyond the employee's control. E. Certification An employee requesting Family and Medical Leave because of his or her own serious health condition, or his or her spouse's, child's or parent's serious health condition must provide medical certification from the appropriate health care provider on a form supplied by the City. Failure to provide the required certification within fifteen (15) calendar days of the leave request may result in denial of the leave request until such certification is provided. If the City has reason to doubt the medical certification supporting a leave because of the employee's own serious health condition, the City may request a second opinion by a health care provider of its choice and paid for by the City. If the second opinion differs from the first one, the City will pay for a third, mutually agreeable, health care provider to provide a final and binding opinion. Recertifications are required if leave is sought after expiration of the time estimated by the health care provider. Failure to submit required recertifications can result in termination of the leave. F. Notice Employees shall provide not less than thirty (30) days' written notice, or such shorter notice as is practicable, to the Personnel Director for foreseeable childbirth, placement of a child for adoption or foster care, or any planned medical treatment for the employee or his /her spouse, child, or parent. Failure to provide such notice is grounds for denial of a leave request, except if the need for Family and Medical Leave was an emergency or was otherwise unforeseeable. Where possible, employees must make a reasonable effort to schedule foreseeable planned medical treatments so as not to unduly disrupt the City's operations. City of Moorpark Personnel Rules = Approvai Date: °>T:= - (Revised 8/29/02) Resolution No. 200 2 -3�99 Page 69 G. Intermittent Leave If Family and Medical Leave is taken because of the employee's own serious health condition or the serious health condition of the employee's spouse, parent, or child, the leave may be taken intermittently or on a reduced leave schedule when medically necessary, as determined by the health care provider of the person with the serious health condition. If Family and Medical Leave is taken because of the birth of the employee's child or the placement of child with the employee for adoption or foster care, the minimum duration of leave is two (2) weeks, except that the City will grant a request for Family and Medical Leave for this purpose of at least one day but less than two weeks' duration on any two (2) occasions. If an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable based on planned medical treatment for the employee or a family member, the employee may be transferred temporarily to an available alternative position for which he or she is qualified that has equivalent pay and benefits and that better accommodates recurring periods of leave than the employee's regular position. In the event that an employee requires intermittent Family and Medical leave, including, but not limited to, prolonged treatment plans or a series of surgeries, he or she shall notify the City in writing of the anticipated dates for the Family and Medical leave as much in advance as possible. H. Protection of Employment and Benefits Upon timely return at the expiration of the Family and Medical Leave period, an employee is entitled to the same or a comparable position with the same or similar duties and virtually identical pay, benefits, and other terms and conditions of employment unless the same position and any comparable positions have ceased to exist because of legitimate business reasons unrelated to the employee's Family and Medical Leave. An employee on unpaid Family and Medical Leave remains an employee and the leave will not constitute a break in service. An employee who returns from Family and Medical Leave will receive the same step in the salary range he or she received when such leave began. The period of Family and Medical Leave without pay shall not count towards service increases within the salary range or benefit accruals. The anniversary of an employee on Family and Medical City of Moorpark Personnel Rules = Approval Date:'+ ::?`_ (Revised 8/29/02) Resolution No. 200 2 -3�90 Page 70 Leave without pay will be set forward in time one -half month for each fifteen (15) consecutive calendar days of such leave. Failure on the part of an employee on leave to report promptly at its expiration, or within twenty -four (24) hours after notice to return to work, shall be cause for dismissal. A letter deposited with the United States Postal Service addressed to the employee's last known address shall be reasonable notice. Before an employee will be permitted to return from Family and Medical Leave taken because of his or her own serious health condition, the employee must obtain a certification from his or her health care provider that he or she is able to resume his or her essential work functions in his or her former position. Section 13.12. California Family Rights Act Leave: Under the California Family Rights Act (CFRA), employees who have more than 12 months (52 weeks) of service with an employer, have worked at least 1,250 hours in the twelve (12) month period before the date leave begins, and work at a location in which the employer has at least 50 employees within 75 miles of the employee's work site, may request up to twelve (12) weeks CFRA leave for the birth of a child for purposes of bonding, for placement of a child in the employee's family for adoption or foster care (within one year of the qualifying event); for the serious health condition of the employee's child, parent, or spouse; and for the employee's own serious health condition. If the City employs both parents, a total of twelve (12) week's leave shall be granted for the birth, adoption, or foster -care placement of their child. No other limitations restrict these parents from taking a CFRA leave for other qualifying reasons. Where allowed by law, CFRA Leave shall run concurrent with Family and Medical Leave. If the Citv learns at an- time that an employee is taking paid or unpaid leave for a CFRA Leave qualifying reason, the City may ret.roacti.veiv court thic_, employee's leave as a CFRA Leave starting; from the dak-e that tine_ ernUlovee began his or her ''Leave of absence. An employee is required to use all accumulated vacation leave and administrative leave at the beginning of any otherwise unpaid CFRA Leave. Accumulated sick leave may be used during an otherwise unpaid CRFA Leave only to the extent permitted by Section 13.10 of these Rules. An employee using accumulated leave while on CFRA Leave shall continue to fully accrue vacation, sick, and administrative leave benefits, and such CFRA Leave shall count as time worked for purposes of establishing seniority for layoff, recall, promotion, job assignment and seniority related benefits such as vacation. City of Moorpark Personnel Rules = Approval Cater =;: = (Revised 8/29/02) Resolution No. 200- 12 -1�99 Page 71 While an employee is on CFRA Leave, and using accumulated paid leave, the City's contributions on behalf of the employee to the City's medical, dental, optical, and short and long -term disability plans will be continued, including any City paid dependent coverage. Life insurance benefits for employee and dependent coverage will also be continued. While an employee is on unpaid CFRA Leave, the City will provide health benefits consistent with the requirements of the Family and Medical Leave Act (reference Section 13.11.D of these Rules) . If the employee has used twelve (12) weeks of Family and Medical Leave and requests additional unpaid leave time under CFRA, the employee shall be responsible for paying for health benefits and disability and life insurance premiums. An employee who is on unpaid CFRA Leave may choose to continue insurance coverages not paid by City during the leave- of- absence by paying the City the required premiums at the same time that the premiums would have been paid by the City and the employee, had the employee been in a paid status. The City shall not be required to make such payments on the employee's behalf if the employee fails to timely make the full amount of the payments to the City. An employee on unpaid CFRA Leave shall receive no compensation and shall not accrue vacation leave, administrative leave, or sick leave. Unpaid CFRA Leave shall not count as time worked for purposes of establishing seniority for layoff, recall, promotion, job assignment and seniority related benefits such as vacation. Section 13.13. Reasonable Accommodation: A leave of absence may be considered as a reasonable accommodation for a qualified individual with a disability, pursuant to the provisions of Section 13.3 of these Rules. RULE 14 - WORKER'S COMPENSATION Section 14.1. Injuries on the Job: All employees of the City of Moorpark shall be governed by the laws of the State of California relating to Worker's or as broadened by this Section. All injuries sustained in the course of employment shall be immediately reported by the injured employee to his /her immediate supervisor. If the immediate supervisor is not available, then the injured employee shall immediately notify one of the following in the order listed: the appropriate department head, City Clerk, Human Resources Analyst /Assistant, City Manager, or Assistant City Manager. All accidents or injuries, no matter how minor or small, must be reported by the injured employee on the prescribed forms by the end of the work shift in which the injury occurred. If the work shift City of Moorpark Personnel Rules - Approval Date:; .= (Revised 8/29/02) Resolution No. 2002 -1�9G Page 72 concludes after the end of normal business hours or the work shift is on a Saturday, Sunday or holiday, when the injured employee contacts his /her immediate supervisor, as required above, the supervisor shall also arrange to have the prescribed forms completed no later than the next succeeding day of business. The supervisor must immediately notify the department head and file a written accident report with the City Manager no later than the next succeeding day of business. In the event that a work related injury requires emergency medical care, the employee's supervisor may report the injury. Section 14.2. Choice of Physicians: Injured employees have the choice of going to the City's designated physicians or to a physician of the employee's choice selected in writing in advance of an injury and provided to the Personnel Director. The City shall retain medical control for the first thirty (30) days after an injury unless the injured employee has notified the City prior to the injury of his /her choice of physician. An attending physician who accepts the Worker's Compensation referral has the responsibility by law to submit to the City of Moorpark a Doctor's First Report of Injury and is obligated to accept payment for services rendered for various procedures by a fee schedule established by the State of California. Employees who visit the physician of their elected choice must notify the City of Moorpark of the doctor's name, address and nature of the injury. The City is not obligated to rely upon the opinion of employee's doctor of choice as authority regarding the employee's medical condition. Section 14.3. Authorized Absence: This Section shall only apply to those injuries or illnesses that are admitted by the City as arising out of and in the course of employment. At the City's discretion, the City may contest the job relatedness of an injury or illness. In such event the City shall not be obligated to continue full salary for the contested illness or injury. Whenever a regular or probationary full -time employee of the City is disabled by an injury or illness arising out of, and in the course of his /her duties, the City shall continue full salary for a period of three (3) working days (including the day of injury). After three (3) working days, the employee may use accumulated sick leave in combination with temporary disability benefits provided under State Worker's Laws to provide continuation of the employee's regular monthly base salary until such accumulation is exhausted or until the employee is no longer temporarily disabled, whichever occurs first. If accumulated sick leave is sooner exhausted, an employee temporarily disabled under the provisions of this Section may, for the purpose of supplementing Worker's Compensation temporary disability benefits, elect to use accumulated days of vacation and /or accumulated compensatory time off to continue City of Moorpark Personnel Rules = Approval Date: -,= -= (Revised 8/29/02) Resolution No. 200 -12 -1�99 Page 73 his /her regular salary in combination with the temporary disability payments. The use of any portion of accumulated sick leave, vacation or compensatory time must be requested in writing by the employee prior to its use. Absence from work shall run concurrent with Family and Medical Leave and CFRA Leave, if applicable (see Sections 13.11 and 13.12). It is strictly prohibited to combine sick leave, vacation leave, and /or Worker's Compensation benefits in any manner, which would exceed the employee's regular monthly base salary. An employee on approved Worker's Compensation leave will receive holiday pay in the amount of the difference between their regular salary and the benefit they are paid from Worker's Compensation insurance. A written report shall be furnished by the department head to the City Manager during each thirty (30) days, setting forth the physical condition of the injured employee and his /her recovery progress. Regular part -time employees are eligible for the same use of accumulated leave during periods of job - related disability at a ratio of hours regularly scheduled for their respective work week and the full -time equivalent for that time. Any employee bringing an action against a third party to recover for injuries or disabilities for which the City has made payments of salary or compensation, shall forthwith give the City written notice of such action and thereafter, the City shall be entitled to reimbursement out of any recovery made by the employee in such action for amounts paid for salary or compensation and fringe benefits during the period of disability. Upon receipt of restitution by the City, an appropriate amount of such sick leave, vacation leave, and compensatory time off used by the employee during the disability shall be restored to the employee's account. Section 14.4. Disability Evaluation: A. Temporary modified work program resulting from injury or illness. There are no guaranteed temporary modified light duty positions in the City of Moorpark. The purpose of this section is to establish a uniform procedure regarding temporary modified work /return to work program. It shall be the policy of the City of Moorpark, to assign temporary modified work to employees who are temporarily disabled from the usual and customary job duties as a result of an on- the -job injury or illness when such temporary modified work is within the limitations prescribed by a City- City of Moorpark Personnel Rules = Approval Date::!':,.'";;: (Revised 8/29/02) 1". 41, .— � .r-- V v r• -y k o Resolution No. 2002 -fi9 Page 74 approved physician or employee- approved physician according to the following definitions, responsibilities and procedures. DEFINITIONS: 1. On- the -job injury or illness: Injury or illness which occurs in the course of the employment. 2. Off -work injury or illness: Injury or illness which occurs during non -work periods and is non - industrial in origin. 3. Temporary modified work: The temporary restructuring and /or modifications of work, duties or tasks. PROCEDURES: In any instance which the employee is to be considered for temporary modified work, the work assignment(s) are to be within the limitations prescribed by a City- approved physician or employee- approved physician. The following procedures are set forth: 1. City- approved physician or employee- approved physician shall be expected, within the conduct of acceptable medical practice, to release employees, who would otherwise be temporarily totally disabled, to temporary modified duty and to fully describe the employee's limitations in sufficient detail to enable the City to determine and provide suitable temporary modified work. 2. If medically feasible, the employee must provide a statement from the physician, which includes an estimate as to an expected date of recovery from the injury or illness and to the extent the employee can be returned to full work status. Such dates can be adjusted based upon an accelerated or a prolonged period of rehabilitation or recovery. 3. Upon receipt of the doctor's release, the City Manager or his /her designee and the department head shall review the medical release and determine if the respective department to which the employee is assigned has available duties which would permit the employee to perform under the temporary modified work program. 4. If temporary modified work is unavailable within the employee's usual department, other departments shall be contacted and attempts shall be made to provide a suitable work assignment on a temporary basis. City of Moorpark Personnel Rules = Approval Date:< -- ;Revised 8/29/02) Resolution No. 2002 -1�98 Page 75 5. If no suitable temporary modified duty task is available as a result of the specific types of injury or illness, the employee shall not be permitted to participate in the temporary modified duties program. 6. All temporary modified duty assignments shall be reviewed and approved in writing by the City Manager or his /her designee prior to an employee returning to work and thereafter shall be reviewed by the City Manager and department heads every thirty (30) days. 7. Upon release to regular work without restrictions and receipt of written authorization from the City Manager or his /her designee, the employee shall be returned to his /her regular work unit and resume his /her regular duties. 8. The employee, during the period of temporary modified work shall be entitled to accumulate pay and benefits at the same rate of pay and benefit accumulation as if the employee were working his /her regular duties. Personnel action requests shall reflect the work period but shall also indicate a notation that the employee is on temporary modified work. Said notation is for record keeping purposes only. B. When medical evidence obtained by the City- approved physicians and /or employee- approved physicians indicates with reasonable medical probability that the injured employee will be incapable of returning to the full duty position, the City Manager shall render a determination on employment as outlined in Section 14.5. Section 14.5. Determination on Employment: Subject to medical consultations, a final determination shall be made by the City Manager as to whether or not the employee shall: 1. Return to modified work when the medical condition may be reasonably accommodated. 2. Transfer to another position based on the qualifications of experience, education and physical ability. 3. Terminate employment with the City. In the event an employee is unable to return to work after six (6) months City of Moorpark Personnel Rules - Approval Date: "':'*2(. ;:: (Revised 8/29/02) Resolution No. 200 -12 -194 Page 76 of absence, the employee may be separated from City service and their position filled. If involuntarily separated hereunder, upon receiving a physician release stating that the employee is capable of returning to work, the employee may apply for reinstatement per Section 11.5, Reinstatement. Length of absence beyond six (6) months may be extended by the City Manager in increments of up to thirty (30) days if there is a likelihood of recovery and such extension does not impair the operation of the department. Section 14.6. Accrual of Leave Benefits and City Contributions to Retirement and Health Plans Regarding Uncontested Claims: Any regular employee shall continue to-accrue vacation, holidays and sick leave, to earn eligibility for consideration for merit salary increases and the City shall continue to make required contributions to the retirement and health and medical plans during an absence resulting from an on -the -job injury, providing he /she receives compensation payments under the provisions of the California Worker's Compensation Law. After the first three days of City payment of full salary, as referenced in Section 14.3, the City will discontinue payment of bilingual pay; longevity pay; backflow testing certification, playground inspection certification, and Class A or B driver's license pay; and Emergency Medical Technician pay for an employee on Worker's Compensation leave. A probationary employee shall be entitled to the same benefits as a regular employee except he /she shall not continue to earn eligibility for consideration towards completion of the probationary period. Section 14.7. Contested Claims: This section shall only apply to those cases in which the City is claiming that an injury or illness did not arise out of or in the course of employment as defined under the Worker's Compensation laws. In such contested industrial injury claims, the City of Moorpark shall refrain from payment of temporary disability indemnity unless there is a finding made by the Worker's Compensation Appeals Board for such payment. In such contested industrial injury claims, the employee shall be entitled to use accumulated sick leave to provide continuation of the employee's regular monthly salary for a period until the employee is no longer temporarily disabled. In those cases in which the accumulated sick leave is exhausted before the employee becomes permanent and stationary, the employee may elect to use accumulated days of vacation and /or compensatory time off to continue his /her regular monthly salary. The use of any portion of accumulated compensatory time, sick leave or vacation must be requested in writing by the employee prior to its use. If the period of temporary disability extends beyond the use of accumulated vacation and compensatory time off, or the employee has elected not to use City of Moorpark Personnel Rules —,Approval Date r=-= = (Revised 8/29/02) Resolution No. 20012 -189g Page 77 any portion of said accumulated leave, the employee shall be placed on an unpaid leave of absence by the City as outlined by Section 13.3 of the City's Personnel Rules, pending a determination regarding compensability of the claim under applicable provisions of California Worker's Compensation law. While on such an unpaid leave of absence, no vacation benefits or sick leave shall accrue. City contributions to retirement, health and medical plans, including but not limited to medical, dental, vision, life and long term disability programs shall be suspended. Any pre -paid premium made by the City on behalf of the employee and /or his dependents not exceeding thirty (30) calendar days from the date the City determines to contest the claim shall be honored by the_City. In the event of such suspension of contribution to health and medical plans, the City will offer the employee at his /her costs the opportunity to continue coverage under said plans for a period of time and payment of administrative fee to the City as allowed pursuant to applicable Federal and State laws. Such payment by the employee must be received by the City prior to the City's due date for payment of the premium. If the injury or illness is later determined to have arisen out of or within the course of employment by the Worker's Compensation Appeals Board, the employee will be retroactively provided accrued benefits in accordance with Section 14.3 of the City's Personnel Rules. If a retroactive reinstatement of said benefits as outlined in Section 14.3 results in an inequity, the benefits will be adjusted so that neither the City nor the employee will receive more than they would have been entitled to by statute or according to City of Moorpark Personnel Rules had the case not been contested. RULE 15 - GRIEVANCE PROCEDURE Section 15.1. Matters Subject to Grievance Procedures: Any alleged violation(s) of the Personnel Rules and performance evaluation are subject to review through the grievance procedure, with the following exceptions: performance evaluation of a probationary employee, and weighting of performance factors to be evaluated and included in a performance evaluation report, personnel suspension, restitution, reduction in salary, demotion or dismissal, an alleged infringement of an employee's personal rights, such as discrimination, harassment, or the alleged capricious use of supervisory or management authority, or alleged violation of commonly accepted safety practices and procedures. Also excluded are determination of contents of job classifications and procedures and standards of selection for employment and promotion, budgetary items, standards of service, the mission of City of Moorpark Personnel Rules = Approval Date:=+ =rte= ­-= (Revised 8/29/02) < .N �. Resolution No. 2002 -399 Page 78 departments, and all other matters of general legislative and managerial policy. Section 15.2. Informal Grievance Procedure: Every effort shall be made to resolve a grievance through discussion between the employee and the employee's immediate supervisor. If, after such discussion, the employee does not feel that the grievance has been satisfactorily resolved, the employee shall have the right to discuss the matter with the immediate supervisor's supervisor, if any, within the department organization. Otherwise, the employee shall have the right to discuss the matter with the department head. Section 15.3. Formal Grievance Procedure: If the employee is not in agreement with the decision rendered in the informal grievance procedure, an employee shall have the right to present a formal grievance in writing to the department head within five (5) working days after the occurrence of the incident in the grievance. The department head shall review the grievance and meet with the employee within ten (10) working days of receipt of the grievance. The department head shall thereafter render a decision in writing and return it to the employee and /or the employee's designated representative, with a copy to the City Manager, within five (5) working days after meeting with the employee. For grievance of a performance evaluation, the ten (10) working days referenced above shall be the later of the date the supervisor signs the performance evaluation or the date of the performance evaluation interview between the employee and the supervisor. Section 15.4. Appeal to the City Manager: If the employee does not agree with the decision reached by the department head, the employee may present an appeal in writing to the City Manager within five (5) working days after the employee's receipt of the department head's decision. The appeal shall be signed and delivered to the City Manager, who shall set a meeting with the employee and /or the employee's representative to discuss the grievance within ten (10) working days. Within seven (7) working days the City Manager shall render a formal decision in writing. The City Manager shall deliver a copy of the decision to the employee and /or the employee's representative and the department head. The decision of the City Manager shall be final. Section 15.5. Requirement to Appoint Hearing Officer: If the grievance is against the City Manager, the appeal shall be heard and decided by the City Council. At the first meeting of the City Council held after the written appeal is received in accordance with Section 15.4, the City Manager shall inform the City Council of the appeal. The appeal shall be conducted in accordance with Sections 15.4 and 15.6, except that the meeting between the City City of Moorpark Personnel Rules Approval Date: =P`= (Revised 8/29/02) Resolution No. 200472 -38 9g Page 79 Council and the employee shall be held within fifteen (15) working days after the City Council is informed of the appeal. Section 15.6. Conduct of Grievance Procedure: 1. The time limit specified above may be extended to a definite date by mutual written agreement of the employee and the appellate person or body. 2. The employee may request the assistance of another person of his /her own choosing in preparing and presenting his /her appeal at any level of review. Grievance preparation shall be done on the employee's own time. 3. The employee and his /her representative may use up to a maximum of two hours of work time in attending the grievance hearing with the City Manager. 4. Failure of the employee to take further action within the above - described time limits shall constitute withdrawal of the grievance. S. The employee may be assured freedom from reprisal for using the grievance procedures. RULE 16 - EMPLOYEE REPORTS AND RECORDS Section 16.1. Personnel File: The City Manager shall maintain a personnel file for each employee in the Competitive Service of the City. The file shall include the employee's name, position title, department to which assigned, salary, all information used to determine the employee's qualifications for employment, promotion, additional compensation and disciplinary action and such other information as may be considered pertinent by the City Manager. Employees have the right to inspect the contents of their respective personnel files during a scheduled appointment, except that the employee shall have no right to inspect letters of reference, background investigation report, or records relating to any investigation of possible criminal offense by the employee and /or other records exempted by the California Labor Code or applicable court rulings. Section 16.2. Disclosure of Information: No information shall be disclosed from the personnel file of a current or former employee other than the employee's job title, work location, work phone number, salary verification, and departmental assignment to any person other than the City Manager, City Attorney or their designated representatives. An employee or former employee may authorize the disclosure of information from their file only when City of Moorpark Personnel Rules = Approval Date: =rte (Revised 8/29/02) '.� a ske _ Resolution No. 200-1-2-1L90 Page 80 written permission is provided. Nothing herein shall preclude nor specifically deny the use of any information in personnel files in any phase of a disciplinary or probationary action. Section 16.3. Personnel Transactions: Any action concerning an employee's status of employment shall be processed on forms as prescribed by the Personnel Director. Each department head shall complete such forms according to his /her recommendation. Such status shall become effective on the date specified by the City Manager. All employees shall be notified in writing of any personnel action taken during their status of employment. Section 16.4. Notification of Address /Telephone: Employees shall notify the Personnel Director of any change of address and /or telephone number within five (5) days of such change and shall submit a new Internal Revenue Service Form W -4 to the Finance Department. Section 16.5. Resignation: An employee wishing to leave the Competitive Service in good standing shall file with the appointing authority a written resignation stating the effective date and reasons for leaving at least two weeks (eighty wort hours), including any City holidays but excluding other paid time off, before leaving the service,--unless such ire l m=} }notice period or restriction on use of paid time off is waived in writing by the Cit_v Manager at his or her sole discretion.. 9ifee:[-ei —Rest nations l ntloned i : z� r minimum two -week notice period in order to allow an orderiy transition of duties and responsibilities and completion of assi nments. Failure to give notice as required by this rule shall be cause for denying future employment by the City.. and will disqualify the employee for reinstatement. City of Moorpark Personnel Rules - Approval Date :4,L i (Revised 8/29/02) Resolution No. 200472 -1�9$ Page 81 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) CITY OF MOORPARK ) ss. I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2001 -1890 was adopted by the City Council of the City of Moorpark at a regular meeting held on the Sth day of September, 2001, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Wozniak, and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 18th day of October, 2001. Deborah S. Traffenstedt, City Clerk (seal) City of Moorpark Personnel Rules = Approval (Revised 8/29/02) RE solution No. 200,E iv, 1 v P Deleted: Page 11 Deleted: 1 e 9 o J (4) refrain from any activities, which might impair his /her ability to perform assigned duties. Section 1.59. "Suspension ": The temporary separation from service of an employee without pay for disciplinary purposes. Section 1.60. "Temporary Appointment ": An appointment to a temporary•.or regular position for a period of one (1) year or less. Section 1.61. "Temporary Employee ": A person who has been appointed to a temporary or a regular position for a limited period and is not a competitive service employee. Section 1.62. "Temporary Position ": A full -time or part -time position of limited duration. Section 1.63. "Termination ": The separation of an employee from the City service because of retirement, resignation, death or dismissal. Section 1.64. "Title ", "Class Title ", "Title of Class ": The official name applied to a class and to each position allocated to the class and to the incumbent of each position. Section 1.65. "Transfer ": A change of an employee from one position to another position in the same class or in a comparable class. Section 1.66. "Veteran" Tf: s de f in.i.t_on sha11 ha%e t e sa,�.e Formatted: font: NotWd ` c)n .89 7 S c the State Gov ernmer ,ode :'...! C.e e .- t i oI: of veterans prefere_.:: C 3 ;omoetit ve ex .Tlr`at il: ( i sllfm-nt RULE 2. GENERAL PROVISIONS Section 2.1. Personnel Director /Officer: The City Manager is the Personnel Director /Officer and shall interpret, apply and administer these Rules. The City Manager may delegate any of the powers and duties conferred upon him /her as Personnel Director /Officer to any other assigned employee. Section 2.2. Applicability of Rules: All rules, actions, regulations, and policies herein shall apply only to employees in the Competitive Service of Moorpark. Employees not included in the - - Deleted: competitive service under this section' shall serve at the pleasure of their appointing authority. Certain classifications of Deleted: positions in the competitive service shall be exempted from the City of Moorpark Personnel Rules Approval Date: (Revised 9/4/02) ITEM 110 H. 9 l Q' -2002 _ Q.2ooz - lqq� Cy -o ka►^rv_-_ MOORPARK CITY COUNCIL t� AGENDA REPORT • 5. 1�,.. TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works DATE: August 22, 2002 (Council Meeting 9 -4 -02) SUBJECT: Resolution No. 2002 - Designating the Intersection of Cedarpine Lane and Deering Lane To Be a Stop Intersection and Directing the Placement of STOP Signs at All Entrances Thereto. nT.grTTGGT0V A. Transportation and Streets Committee On several occasions the Transportation and Streets Committee met with residents of the Cedarpine Lane neighborhood to discuss traffic issues. One of the perceived remedies offered by a spokesperson for the neighborhood, was the placement of a three -way STOP at the subject intersection. The Committee took no action regarding that request, but referred the matter to the City Council. B. City Council Action On August 21, 2002, the City Council considered this matter and directed staff to prepare the subject Resolution. The attached resolution directs the establishment of the subject three -way STOP, based upon the City Council's analysis of the data and information received and reviewed on August 21. STAFF RECOMMENDATION In order to enact the City Council's prior direction, it will be necessary for the City .Council to adopt the subject Resolution designating the intersection of Cedarpine Lane and Deering Lane a Three -Way Stop. STOP-0208 C f v RESOLUTION NO. 2002 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DESIGNATING THE INTERSECTIONS OF CEDARPINE LANE AND DEERING LANE TO BE A STOP INTERSECTION AND DIRECTING THE PLACEMENT OF A STOP SIGN AT ALL ENTRANCES THERETO WHEREAS, Section 21354 of the California Vehicle Code authorizes the City to designate any intersection under its jurisdiction a stop intersection and erect STOP signs at one or more entrances thereto; and WHEREAS, the City Council has analyzed the traffic data and considered the information presented to and the recommendations of the Transportation and Streets Committee, as well as information provided to the City Council directly; and WHEREAS, the City Council has determined that the installation of stop signs at the intersection of Cedarpine Lane and Deering Lane is appropriate based upon such analysis and consideration. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the intersection of Cedarpine Lane and Deering Lane, as identified on Exhibit 'A' attached hereto and made a part hereof, is hereby designated a stop intersection and that STOP signs shall be erected at all entrances thereto. SECTION 2. That the City Manager is hereby directed to provide for the installation and maintenance of appropriate signs and markings to effectuate this action. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of 2002. Attest: Deborah S. Traffenstedt, City Clerk Attachments: Exhibit 'A': Diagram Patrick Hunter, Mayor Resolution No. 2002 - Exhibit 'A' L�-- q a\ 16 A S7DP Suam Resolution No. 2002- Exhibit 'A' 70 %I POIN S7DP SLC-xM NI 7�E�? N TO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council ITEM I 1 • 7: • PproL Deborah S. Traffenstedt, ATCM /City Clerk J August 29, 2002 (CC Meeting of 9/4/02) SUBJECT: Consider Third Addendum to Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998 BACKGROUND AND DISCUSSION On September 5, 2001, the City Council approved a revised Memorandum of Agreement (MOA) ending June 30, 2004, with Service Employees International Union AFL -CIO, CLC Local 998. A Third Addendum to the September 5, 2001 MOA is proposed to add a new Section 607 to Article 6 pertaining to adding two new steps (2.5 percent each for a total of 5 percent) to each salary range, and to add a new section to Article 14, Miscellaneous, pertaining to revising the performance evaluation process. The proposed language pertaining to adding two new steps to each salary range was already implemented through adoption of the revised Salary Plan at the July 17, 2002 regular Council meeting. The proposed change to the performance evaluation process would allow certain performance evaluation factors to have more weight in determining the performance evaluation rating. The intent is to weight one or two of eight current primary performance evaluation factors a maximum of two to three times for certain positions. For example, the customer service evaluation factor should be weighted higher for positions which require frequent public interaction. The Local 998 Union supports the MOA amendment and revisions to Personnel Rules (a separate agenda item for the September 4, 2002 meeting). (A letter of support from SEIU Local 998 will be provided under separate cover.) Staff is requesting that the City Council approve the Third Addendum to the MOA and authorize the City Manager to sign the amendment, with the final language to be approved by the City Manager. S: \City Clerk \Everyone \Staff Reports \SR020904 MOA 2002 3rd Addendum.doc Honorable City Council September 4, 2002 Meeting Page 2 STAFF RECOrMENDATION Authorize the City Manager to approve the Third Addendum to the MOA with the final language to be approved by the City Manager. Attachment: Draft Third Addendum to MOA { :.'S THIRD ADDENDUM TO SEPTEMBER 2001 MEMORANDUM OF AGREEMENT BETWEEN SERVICE EMPLOYEES INTERNATIONAL UNION AFL -CIO, CLC, LOCAL 998, AND CITY OF MOORPARK THIS THIRD ADDENDUM, made and entered into this day of August, 2002, by and between Service Employees International Union AFL -CIO, CLC, Local 998 (`Local 998 ") and the City of Moorpark ( "City "), a Municipal corporation, located in the County of Ventura, State of California, which is entered into with reference to the following recitals. RECITALS WHEREAS, Local 998 entered into a revised Memorandum of Agreement ( "MOA ") with the City, effective from date of ratification by both the employees and the City Council in September 2001 up to and including Midnight, June 30, 2004; and WHEREAS, on December 19, 2001, the City Council authorized the City Manager to approve an amendment to the MOA to incorporate revisions to Section 1101, Paid Assigned Holidays, to add a December 31 holiday, consistent with Attachment 1 to this Addendum; and WHEREAS, on May 15, 2002, the City Council authorized the City Manager to approve an amendment to the MOA to incorporate additional revisions to Section 1101, Paid Assigned Holidays, to revise the language for the December 31 holiday and add a holiday that would fall on either July 3 or July 5, consistent with the language in Attachment 1 to this Second Addendum; and WHEREAS, on September 4, 2002, the City Council authorized the City Manager to approve an amendment to the MOA to add a new Section 607 to Article 6 pertaining to adding two new steps (2.5 percent each for a total of 5 percent) to each salary range, and to add a new subsection 5 in Article 14, Miscellaneous, pertaining to the performance evaluation process. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, BENEFITS AND PREMISES CONTAINED HEREIN, THE PARTIES AGREE TO THE FOLLOWING REVISIONS TO THE MOA: S: \City Clerk \Everyone \Staff Reports \SR020904 Attachment -MOA 3rd Addendum.doc Third Addendum to 2001 MOA between Local 998 and City of Moorpark Page 2 The MOA between Local 998 and the City shall be amended consistent with Attachment 1 to this Addendum, which attachment shows the additional language to be incorporated into the MOA. IN WITNESS WHEREOF, the parties hereto have caused this Third Addendum to the MOA between Local 998 and the City to be executed the day and year first above written. ON BEHALF OF THE CITY: Steven Kueny, City Manager ATTEST: Deborah S. Traffenstedt City Clerk ON BEHALF OF LOCAL 998: Robert Vodka, Chief Spokesperson Barry Hammitt, Executive Director John Casillas, President Moorpark Chapter Local 998 Teresa Jones, Local 998 Unit Representative Mario Riley, Local 998 Elected Negotiator Attachment 1: Shows new language to be incorporated into MOA C 'k � - Third Addendum to 2001 MOA between Local 998 and City of Moorpark Page 3 ATTACHMENT 1 REVISIONS TO ARTICLES 6 AND 14 OF MOA (New Language) ARTICLE 6 SALARY PLAN Sec. 607 SALARY PLAN: The City agrees to add two Steps (2.5 percent each for a total of 5 percent) to each Salary Range, creating a new Salary Plan with thirteen (13) Steps for each Salary Range to be effective with the payroll period beginning July 12, 2002. ARTICLE 14 MISCELLANEOUS 5. Performance Evaluation: The City at its sole discretion may elect to revise the performance evaluation process for competitive service employees, including but not limited to revision of the performance evaluation form, to allow the option of weighting of one or two of eight current primary performance evaluation factors a maximum of two to three times. Implementation of this revision will occur as part of the process for all performance evaluations occurring on or after July 1, 2002 (in other words, the determination of what if any factors are weighted and how much they are weighted shall be determined as part of the July 2002 to June 30, 2003 performance evaluation for use in the next subsequent evaluation). The department head will have final approval on the matter of weighting primary performance evaluation factors consistent with the limits specified above. The City Manager will have final approval authority for any revision to the performance evaluation forms. The number of primary and secondary evaluation factors can change as determined by the City Manager at his or her sole discretion, but no more than 25 percent of the factors can be weighted two to three times the non - weighted factors, and no more than an overall average rating of 7 (with the maximum score being 10) is required to receive a merit increase. MOORPARK CITY COUNCIL AGENDA REPORT ITEM I Li- 2002 A Adopted TO: The Honorable City Council FROM: Mary K. Lindley, Director of Community ServicesIP DATE: August 29, 2002 (CC Meeting of September 4, 2002) SUBJECT: Consider Ventura County Community Foundation Grant Resolution for the Moorpark Senior Center DISCUSSION The Council is being asked to adopt the attached Resolution (see Attachment A), authorizing staff to submit a grant application (see Attachment B) in the amount of $64,000 over a two -year period to fund bilingual (Spanish and English) exercise instruction for older adults at the Moorpark Senior Center. Additionally the Council is being asked to authorize the City Manager to serve as signatory for the grant. If the City is successful in funds will be used to pay a instructor to lead classes Additionally, the funds will program through various mear equipment such as floor mats. STAFF RECOMMENDATION securing qualified designed be used s and to grant funding, the bilingual exercise for older adults. to promote the new purchase exercise Adopt the attached Resolution authorizing submittal of a grant application to the Ventura County Community Foundation to fund a bilingual older adult exercise class and authorizing the City Manager to serve as signatory for the grant. Attachments: A - Resolution B - Grant Letter of Intent 07> A tt(:ei) rn&o A- ATTACHMENT A RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA AUTHORIZING A GRANT APPLICATION REQUESTING MONIES FROM THE VENTURA COUNTY COMMUNITY FOUNDATION (VCCF) FOR SERVICE DELIVERY FUNDING. WHEREAS, the City Council is dedicated to the support of quality programs for older Americans in the City of Moorpark; and WHEREAS, the Moorpark Senior Center is situate in a Spanish- speaking area and provides a site for numerous health and fitness programs; and WHEREAS, physical activity has been proven to prevent diseases such as heart disease, high blood pressure, obesity, diabetes, and osteoporosis; and WHEREAS, funds to hire a contract instructor and purchase essential equipment to provide a bilingual Spanish- English exercise class instruction at the Senior Center are available the form of a Service Delivery grant through the Ventura County Community Foundation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1: The City Council hereby approves and authorizes the grant application through the Ventura County Community Foundation to secure funds for bilingual Spanish - English exercise instruction for older adults at the Senior Center. Further, the City Council hereby authorizes the City Manager to serve as signatory for the City Council on all matters related to the administration of this grant. SECTION 2: The City Council hereby resolves to complete the purchase of the needed equipment prior to C . December 31, 2003 as stipulated in the terms of the grant contract. SECTION 3: The City Clerk shall certify to the adoption of the Resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED, APPROVED, AND ADOPTED THIS 4th DAY OF September 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 4 {rI I melt_ ((�) VENTURA COUNTY COMMUNITY FOUNDATION (VCCF) COMMUNITY NEEDS RESPONSE (CNR) FUND REQUEST FOR LETTERS OF INQUIRY Cover Page & Committee Review Process The 2002 CNR Grants Committee will carefully review all complete and timely Letters of Inquiry. Please refer to the Evaluation Criteria Form for more detailed information about how each of the items in your narrative will be rated. The most qualified applicants will be invited to submit a full proposal that will be due on September 6, 2002. An invitation to submit a full proposal does not guarantee funding. VCCF's Board of Directors will make final approvals of grants and organizations submitting full proposals will be notified of Board decisions by October 4, 2002. Please list the following information on your required cover pane: ORGANIZATION INFORMATION Organization Name: Moorpark Senior Citizens Center Y Address: 799 Moorpark Avenue, Moorpark, California 93021 Organization Mission: To promote optimal quality of life for older adults by providing a meeting place and source of education, recreation and fitness programs. Executive Director: Steven Kueny, City Manager Project Contact Person: (Name /Title) Peggy Rothschild, Senior Center Coordinator Phone: 805 -517 -6260 Fax: 805 -532 -2479 Email: prothschild(a,ci.moorpark.ca.us PROJECT INFORMATION Type of Funding Requested: Service Delivery Project Name /Summary: "Ejercicio para la Vida/Exercise for Life" Bilingual Spanish- English Exercise Program - Improve access to health promotion through exercise and education for low income seniors with an emphasis on Spanish speaking persons. Amount Requested: $6,400 for 2 -year program. Numbers Served by Proposed Project: 15 -20 seniors in each 8 -week class session, offering 6 class sessions per year for two years (48 weeks /year). Geographic Area Served by Proposed Project: Moorpark and surrounding communities in East Ventura County. Authorization Signature: Date: 7j/-r a- °_ %; e MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 July 9, 2002 Ventura County Community Foundation 1317 Del Norte Road, Suite 150 Camarillo, CA 93010 This Letter of Inquiry seeks $6,400 in grant funds for a Service Delivery Grant Program establishing a two -year Bilingual Spanish - English Exercise Program at Moorpark Senior Center. Root causes — The National Institutes of Health (NIH) report that after smoking, lack of exercise, combined with poor diet, is the largest underlying cause of death in the United States. According to the NIH and Agency for Health Care P61,icy and Research (AHCPR), regular exercise lowers the risk of developing heart disease, high blood press4re, high cholesterol, obesity, diabetes, osteoporosis, and colon cancer. According to the Centers for Disease Control (CDC) and the American Heart Association (AHA), compared with non - Hispanic whites, Hispanics are less likely to engage in physical activity, more likely to be overweight or obese, and more likely to have diabetes, raising their risk of cardiovascular disease. Heart Disease and Stroke — Diseases of the heart and stroke rank as the No. I killer of Latinos, according to the National Heart, Lung and Blood Institute, the CDC and the AHA, claiming the lives of almost 31% of the nearly 104,000 Hispanic Americans who die each year. Among Mexican - American adults, about 29% of men and 27% of women have cardiovascular disease. Obesity — According to the Pew Hispanic Center (PHC), obesity is more prevalent among Hispanics than whites, mostly among women. About one -fifth of white women are obese, compared with one third of Mexican women. Diabetes — According to the National Latino Diabetes Initiative, diabetes is "a disease of epidemic proportions among Latinos." One in 10 adult Latinos has diabetes and one in three elderly Latinos live with diabetes. According to PHC, Hispanics are nearly twice as likely to develop diabetes as non - Hispanic whites (5.7 per 1,000 compared with 3.0 per 1,000). Osteoporosis - Latino women are at significant risk for developing osteoporosis, according to the NIH Osteoporosis and Related Bone Diseases National Resource Center. Studies have shown that Latino women, along with Caucasian women, consume less calcium than the Recommended Dietary Allowance in all age groups. The Senior Center currently offers morning and afternoon chair exercise classes led by video instruction, and an aerobics /weight- training class with a certified exercise instructor; all classes are offered in English. Developing a culturally appropriate exercise program is crucial for successful outreach to the Spanish- speaking community. Census figures show close to 78% of Latinos over the age of 5 speak a language other than English in the home and this language is almost always Spanish. About 59% of Latinos reported that they speak English very well, about 14% said they speak English well, and about 37% said that they speak English poorly or not at all. Exhaustive Internet and telephone research for a comparable Spanish language exercise video yielded no positive results. Representatives at AARP's Spanish language publication, Segunda Juventud and the National Association for Hispanic Elderly both reported no known Spanish exercise video for seniors. Ventura Continuing Adult Education is developing a series of "Fitness after 50" videos, but only in English. The Ventura County Active Aging Community Task Force is interested in developing a Spanish language chair exercise video at some time in the future, but no date is set. NIH has exercise books and videos for seniors in English and has produced a Spanish language booklet, but no video. Neediest and most underserved — Project will target low income seniors with particular emphasis on outreach to PATRICK HUNTER ROSEANN MIKOS CLINT HARPER KEITH F. MILLHOUSE JOHN E. WOZNIAK the Spanish speaking community by providing free access to bilingual exercise classes. An analysis of data from the Medicare Health Outcomes Survey by AHCPR in 1999, showed race /ethnicity influenced elderly women's health status. Additionally, low education and income were shown as related to poor health and chronic illness among Medicare - insured older women. Women with annual household incomes of less than $10,000 were more than twice as likely to report fair or poor health compared with women whose incomes were more than $50,000 (40 vs. 15 %).Over half of black, Hispanic /Spanish, and American Indian /Alaska Native elderly women had household incomes less than $10,000, and over half of these women had less than a high school education. Additionally, according to PHC, of all major racial /ethnic groups, Latinos have the lowest rates of health insurance coverage. Project description — "Ejercicio para la Vida/Exercise for Life" will provide an intervention which focuses on improving access to health promotion through exercise and education for low income seniors with an emphasis on Spanish- speaking persons, using approaches that are culturally competent and linguistically appropriate. Project is expected to impact the Latino community by improving awareness and attitudes about exercise benefits, and promoting a healthy lifestyle that includes exercise. Outreach will be conducted through local community groups and churches, as well as through existing programs at the Senior Center. Monies received will be used to hire a bilingual, certified exercise instructor for a two -year program, leading seniors in low- impact aerobic exercise and weight training. Hour -long classes will be offered twice a week, with six eight -week sessions each year (48 weeks). Class will be offered free of charge to seniors age 55 and up. Seniors will be able to join class at the start of each eight -week session. Majority of funds ($5500) would be used to pay instructor for two years at current Adult School rate of pay, with remaining balance used to purchase 1- and 2 -lb. free weights and exercise mats. All costs of promoting program would be absorbed by Senior Center as part of our regular budget. Class will be open to Moorpark residents, nearby unincorporated County areas, and from other East Ventura County cities. Target participation is 15 -20 seniors per class session. Located in East Ventura County, the Moorpark Senior Center was established in 1981 to provide a needed meeting spot and source of services for area seniors. The Center is situated in a predominantly Spanish- speaking area, and provides a site for County nutrition program, health and wellness activities, and is a Food Share distribution site. Moorpark Senior Center promote bi- lingual Spanish- English language exercise class in both English and Spanish, and run articles in Senior Center newsletter distributed to over 1600 area seniors, include information in City Recreation magazine distributed to over 10,000 residences, and advertise program on City cable. In addition, staff will also speak at community gatherings about the program. Projected accomplishments - Improve participation in regular exercise for low- income area seniors, with special emphasis on Spanish speaking population, by increasing exercise levels. Compare exercise levels with pre- and post -class fitness assessment using Senior Fitness Test. Senior Fitness Test is an existing test that can also be used to motivate people and document their exercise /fitness program successes. Collaborative partners — Work with CSUN Graduate School of Public Health to conduct pre- and post -class tests. Maximize resources by using existing printed Spanish language outreach materials on the benefits of exercise, including reprinting materials from AHCPR and NIH/NHLBI and Office of Research on Minority Health. The Moorpark Senior Center will also work with local community organizations such as Food Share and Catholic Charities for greater outreach and program participation. Thank you for your consideration. Sincere , Pe - Rothschild ggY Senior Center Coordinator 09 -04 -2002 14:19 From -SEIU + T -560 P.001 /001 F -962 LOCAL 998 POTMON S 0- ;ift SE1U Leading the Way SERVICE EMPLOYEES INTERNATIONAL UNION AFi -CIO, CLC 2472 Easrman Avenue Unlr 30 Ventura, 0,i 93003 805.61-4.8291 Fax: 805.644, 7843 0 28 ITEM � � • Z • August 4, 2002 Deborah S. Traffenstedt Assistant to the City Manager /City Clerk City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Re: Third Addendum to 2001 Memorandum of Agreement, Revisions to Personnel Rules Dear Deborah: The membership of SEITJ Local 999 has reviewed and supports the proposed amendments to the current Memorandum of Agreement and revisions to the Personnel Rules as stated in the September 4, 2002, Moorpark City Council meeting staff report. Very tr5uW yours, Robert Vodka Internal Organizer cc: Steven Kueny, City Manager John Casillas, SEJU Teresa Jones, SEW Mario Riley, SETU ITEM 11. K . w1oftoft A? ffo t4ar" at9 � t) MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and City Council FROM: Walter Brown, City Engineer DATE: August 29, 2002 (CC Meeting of September 4, 2002) SUBJECT: Approve Final Map Tract 5321 and Associated Documents. BACKGROUND The Honorable City Council conditionally approved Vesting Tentative Map (VTTM) 5321, Zelman Development Co., in resolution 2002 -1952 on March 20, 2002. The VTTM was approved concurrently with Commercial Planned Development (CPD) 2001 -01. The property being divided is lot 1 of Tract 4973. The subdivision is bounded on the west by Miller Parkway, the north by New Los Angeles Avenue (SR -118) and on the east by State Route 23. The site was partially graded during the development of Tract 4973. The present property owners are Carlsberg Investment Co., Carlsberg California Properties, LLC and Moorpark Freeway Properties, Ltd. DISCUSSION Zelman Development Co., the subdivider, has submitted a Final Map for Tract 5321 and requested that the City Council approve recordation of the Final Map. The Final Map has been signed by the current property owners. The subdivision consists of 28.99 acres divided into eight lots ranging in size from 0.71 acres to 9.61 acres. The Final Map contains irrevocable offers of dedication from the developer to the City of easements for: streets, ingress and egress control, access for public service, public utility, public transit and landscaping. One of the conditions of approval for the final map is for the developer to execute a Hold - Harmless agreement to protect the City from the consequences of inadequacy or failure of the stormwater pollution control facilities installed by the developer. The developer has executed such an agreement. The City Engineer has C Agenda Report Amended Tract Map 5321 August 29, 2002 Page 2 concluded that the Final map is technically correct and the Community Development Director and the City Engineer have concluded that all provisions of the Subdivision Map Act of the State of California and all provisions of Local Ordinances have been met. Not all conditions of approval have been satisfied as of the time of preparation of this agenda report. The City Engineer will be prepared to state to the Honorable City Council that all conditions of approval have either been met, or not been met, and that the Final Map is in substantial conformance with the conditionally approved tentative map, during the staff presentation on September 4, 2002. The bonds shown in Table 1, Performance Securities, have been received: Table 1 Perfnrmance Securities f Bond & Bonding Company Bond Bond Amount Work Bonded Number Grading Travelers Casualty and 1 03849584 $390,888.00 ffe Surety Company of America ents with Travelers Casualty and 103849585 $290,089.00 Grading Surety Company of America ding Travelers Casualty and 103849586 $409,177.00 Surety Company of America Improvements in `A' Travelers Casualty and 103849609 $112,287.00 Street Surety Company of America Improvements Travelers Casualty and 103849610 $1,437,304.00 Surety Company of America Improvements in Travelers Casualty and 103849606 $273,720.50 Caltrans Right of Surety Company of America Way (this bond secures Caltrans' interests. The City is not a secured party) Monumentation Travelers Casualty and 103849591 $13,061.43 Surety Company of America Agenda Report Amended Tract Map 5321 August 29, 2002 Page 3 The street name for the entry into the project requested by the developer and approved by the Ventura County Fire Protection District is "Marketplace ". Conditions of approval numbers 76 through 86 for Vesting Tentative Tract Map 5321 pertain to National Pollutant Discharge Elimination System (NPDES) requirements. Condition of approval number 85.f requires, "....that "passive" devices and BMP's be used to comply with NPDES water quality requirements. The Developer shall provide the City with a Maintenance Program for such devices. The Operation and Easement Agreement shall include a requirement that the Developer /Property Owner(s) shall maintain, in perpetuity, such devices in a manner consistent with specific requirements to be detailed within the Maintenance Program." The NPDES facilities shown on the vesting tentative map conceptually satisfied the "passive" requirements of condition 85.f. Subsequent to the approval of the vesting tentative map, the developer requested the approval of enhanced clarifier tanks, polymer adsorbents and diatomaceous earth filter packs to meet the Best Management Practices (BMP) goals. These types of BMP are not "passive ", and require frequent maintenance. Literature produced by the manufacturers of the developer proposed "active" BMP have been provided by the developer and reviewed by the City Engineer. The literature provided by the developer claims that the equipment proposed by the developer will meet BMP goals when maintained rigorously. The City Engineer concludes that the Developer's proposal meets the intent of the conditions of approval when positive mechanisms are put in place to assure frequent and competent maintenance of the BMP devices proposed by the developer. The developer has executed agreements to assure frequent and competent maintenance of the BMP devices and to protect the City from potential damages, fines and levies that may result, or be imposed, as the result of approval of facilities that do not, in their aggregate, meet the definition of "best management practices ". Agenda Report Amended Tract Map 5321 August 29, 2002 Page 4 STAFF RECODMNDATION Staff recommends that the Honorable City Council: 1. Accept the offers of dedication on the Final Map; and 2. Direct the Mayor and the City Clerk to sign the Final Map and direct the City Clerk to cause the recordation of the Final Map for VTTM 5321; and 3. Authorize the City Manager to sign, and direct the City Clerk to record the `Hold Harmless Agreement - National Pollutant Discharge Elimination System ". VYHTRTTS The following exhibits are attached to this agenda report: 1. Location Map 2. Reduced copy of Final Map (Without Signatures) 3. Hold Harmless Agreement - National Pollutant Discharge Elimination System. OWNER'S CERTIFICATE TIE UIDFRSIONPD HDI®Y CERTIFY THAT THEY ARE ME OWNERS OF TIE LAND INCIIOFD �iHls SUBdNSON ENntLED tRACi Na B3z1, sHOVN dN tws MAR, n+A�rgTEEr ARE T1Er Y PERSroSTMTWp9E�WpI�M� AC� sA1o�MMAP AND 91B�DIN90NA3 Ar 910WN THIN 7HE EXIDBOR BOUNDARY LINE AND THAT THEY DO HOURY WENOCABLY OFFER TO DEDICATE TO THE CITY OF MOORPARK FOR PUMJC USE. THE I6a1T-0F -'MAY FOR VIUER PAWWAY AND STREET 'K AS 94004 ON THE MAP WAY 71EY AL50 DO HEREBY EtlEVOPABLY DEFER ro DEDICATE TO THE air Y 4oORPARK ALL RI OF NW-11 A ET>E35 ONiR AND AWOSS RIE NAY LINE OF LOT 1 ABUTTING IAKIFR P AY AND IRIS NORTHERLY UK OF LOTS 1 AMD 4 T1IRDUGN 6 ABUTTNO NEW tns ANDNLE N ORDDt 1RATMEITEEBR OF 5AIo LOTS SHALL HAVE NO AWES OF MHATSOEVFR TD SAD AY Alp 48.1 pO�F5 AN4RUE'. DPPTYT 111E OFNERAL PoOHT -OF- TRAVEL WHICN BEOLC TO ANp n,& HE �� HERESY IREWCABLY OFFER TO DEDICATE ro TEE ax OF 4OaEP EASEMENT OVER LOTS 1 THROUGH B FOR PUBLIC SERVTE, PUBLIC UTILITY. PUBLIC 7RANSl�ECYWT A�Eyq FOR 71EE PURPOSES T) TIE LOT LASING BY TTHHIES Wp a�TTaDTHEN. T AND WTUAL AOlae35 BETWE>71 EACH LOT CRFATn AND THAT THEY ALSO DO IRPEVOa1BLr OFFER ro DEW-ATE ro 71E CITY OF MODRPARIC, A LANDSCAPE EA CENT FOR MMITAIT♦YNG ALL F LIADNTDBCAMDJNAO M IRE -OOFFn;P � THE STR0f%CTAG l I f PARKWAY. 70 TIE AND THAT 7HHET' ALSO D0 IQEBY I= THE NREVOCAB E RIGHT OVER LOTS i THROUGH a;w.." FaESIItFAaE DRAINAGE T7 AND fROA ADJOINING LOTS AND TE RIGHT ro PROHIBIT PR Y mNTEnNO 157 RICTUS THAT LL NTERFEIE W. BAD DRAINAGE Alp THAT THEY ALSO Do HHL7ERBYWGRANT THE IRREVOCABLE PoC1r ro ALLOW ORANAOE .AnOTEN.4 WHERE THE FASDIDITYE fA= IE]tE0I11 BUt9'SMr. SO�iInETtlr LOT LINES Ct INVESTORS A CAL ORMA CORAL PARTNERSHIP OM AA =. %P l"ARICaNL7R9EP� ITS 004ERAL DATED; BY., BARBARA H. CARLSBERG pROppfIE$, GENERAL PARTNER Sr PCAIiDPoGAIIABHITY COAPAIIY. DATED: Br: PALL A PR6ODNTU�M SAM MoORPARK FREEWAY PRoPSRTIE$ LTD. A CALIFORNIA LIMITED PNRTH O S IP BY: �DDAU TTOI4 ME GENERAL PARTNER DAIF]k or PAUL J. ONNTINI PRESIDENT NOTARY ACKNOWLEDGMENT (PRINT NAME] STATE OF CAUPoRNA) S d)ONn OF VENTURA) DN THIS _ DAY OF A ARY PI191C N IN THE AND VR SAID STALE, PI PEEORySFONAILY ME 04 E BASS OF SAlI5FAC10RI EVLEDE) ) E PERSON 0. WARE IS SUBSCRIBED TD THIS NSTRUMER. AND ACKNalA19OED THAT IE (SHE) DEWTED It (SUNATLUE) `p NOTARY PKSUc R NOTARY ACKNOWLEDGMENT 4', (PRINT NAME) STATE OF CALIFORNIA) S 2 COUNTY OF NENRUURA) F. ON THIS — DAY OF N THE YEAR BIFCM ME APPEARED A�� PERSONMLN YNHDO(DWN TD ME (OR PROVED mY ME ON THE BASS DF SATISFACTO1lY ENDFNCE) To 11 TE PERSON WHOg NAEE IS SUBSCRIBED ro THIS INSTRUMENT. AND AaKNO0DGED THAT HE (SHE) DMTED-IT. (ATURE) NOTARY PUDIC SN CITY ENGINEER'S CERTIFICATE I HORESY CERTIFY THAT I HAVE DKHMNED THE FlNAL (AIM D(nnID TRACT NO. 8321, 1 AT THE SUBDIVISION R SUBSTANTIALLY THE SAME AS R APPEARED ON THE TENTATIVE MAP AND APPROVED ALTERATIONS TEAEOF, THAT ALL PROVISIONS OF THE SIBONSNIN AR ACf OF THE 5TATE-OF CMIFORNIA AND OF. ANY LOCAL �AHO� APPLICABLE T THE E OF APPROVAL OF THE TNTAl WP HAVE BEEN �aC0AhL1ED NTH AND THAT I AM SATSi1FD THAT TIE MAP LS 1EOHNCALLY CORECT. DAIFD: 2002 AL71A BRpDO l/P2l(yp64334 CITY MO RPA K IN BIiNESS BCOY RThPHO1EE R A1MTAE OF A, A S D D do m SAID CITL E H IaSS x C AdUFSRED K OTIB' S S AGED R dTE1IY G ATEID : ro TH E E SIGNED ARK ro E AFiNED FHDETO TRIP _DAY OF 2002 ATTEST DFDORAH S TRAFFENSIED PATIW* HUNTER a WA OF T OORPAW OF6ATN CITY CITY COUNTY CERTIFICATE 1 HERESY COMFY DTHAT 5AeLLL CORTFICAIES AND 3ECUPott RE X HNaR IRE FSfD AND DEPOSITED WEIH IA6 AND GW3 OF THE SADIN9oN MAP ACT HAVE BFFN DATE 2002 COUNTY ENTURA OF SUPERVISORS T BY (MBNT NAME DEPUTY COUNTY MM COUNTY RECORDER'S CERTIFICATE F11ID THIS _ DAY OF 1 2T002. AT _ M N BOOK REORES REOIlFST Ci THE OWNERS AM SSBMA40 AAPoK AY APR0 RTE% 01) ROBERT L H" CONTY OF VENT M BY (PRINT NAME) DEPUTY CWNTY REORDER SIGNATURE OMISSIONS THE SIONAMES OF THE FOUDWING EASE14FM HOLDERS HAVE KEN OMITTED UNDER THE PROVISIONS OF SfECTQ) BE4'JB (ax3XAxl -yh aF IRIS suBDryl9ON MAP ACT AS THEIR NTFAFST IS SUCH THAT R CANNO1i RIPER INTO A FEE TIRE AND SAL SIGNATURES ARE Not RFANRED BY TE ItUCAL ORDINARCE. 1. STATE OF OAL� PESENT OVUINERS OF AN EASEMENT FOR INGRESS AND EOIEBS PER OOdA�1(T REOORaD F ®RUA $ 1146 As NSRBI FNT Ip, 06- 0133B4. OFFICIAL RECORDS. 2 r N73 PRE— CpDFO N BOG( SPAOFOESAR OD OF FIR y, AOE PER S RrRESS LANo co1aANY. PR SENT OWNERS OF AN E/15EMENT PER DOCUMENT RECORDED MARCH 3L 1099 AS DadA,ENT N0. 00- 12728, aEFTC1AL RECORDS BASIS OF BEARINGS THE BEARINGS SHOWN HEREON ARE DAM ON THE NORTHERLY UHE OF LOT 1 OF TRACT Na�17; BFNO NORTH 64lff11• EAST PER MAP FILES N BOOK 130. PAGES 61-62 OF YAPS N TE OFFICE OF TE COUNTY RECOFDFR OF VETNFLIRA CWNn. REFERENCE NOTES R1 TRACT Na 4073 RECOROM IN BOOK 130 WA 61-62 MONUMENT SYMBOLS 0 NDICAIES,SEARdEa FOUND NOTHING 0 NCCATES FOUND MONUMENT AS NOTED ■ BpICAIES SE7 Y IRON PIPE, 16' LONG. TAGGED LS 7036. INIRCAIFS Er 1' IRON PIPE TAGGED 'LS 7036'. ® SEDATES ET Y IRON PEE. 1S' LONG. TAGGED 'LS 7OW N STD. WELL MONUMENT. MONUMENT NOTES O SEARCHED. FOUND WTHI G O FO �� PIPE 6TAWm'RCE 26362' PER R1, RIM N DIRT. ACCEPTED O Al'AEPTD As T 'ROE 263bz' PER M. FLUSH N CONCRETE OORHOL V F'OIIID VIAL !TAO STAMPED'RE 26362' PER RI. FWSH N A.G. PAVEWNT, MxFPiFD AS ODRIIFR• © FpUlp if A FAQ(! TAO. STAMPED 'TICS 20"0*W PER LO FLUSH 2 OF N CDI a 4 SDEWAl14 AOCEPFED As MOST (ICRTEEE6 -r CODiER OF LOT 2 OF TRACT Na 4175 O FOND PED PIPE STAM IRE 26762' PER M. DR. 0.7 N DIRT. ACCEP70 O7 Ad 1Hp Y� PIPE STAMM'RCE 26762' PER IN. OK G.1' N DIRT, AOCFP70 EASEMENT NOTES DµGOA�T�EWRDFD FE9 LIAR 1iM AMOW"04EO�I.S�R SOP PURPOSES OFFICIAL ECORDS Q AN OWING EASEMENT FOl STORM atAN. WA RBIETI 1 Atp SIpEWALI( PURPOSES ro THE (TTY OF OORPARK AS lID PER IRUDY N4 K73 RECORDO N BOOK 130. PAGE ro - 62 OF A►S © �EEj7NAIN�7N5,GM EASFMDD(F1 To cT�SRESS� No0. 9*- PER AD DOCUMENT DOOAEI(T N0�29- 6227724, ,BBOTKF OFFTaALE ECORD7sgY6ARCH 3T. 1964 As SURVEYOR'S CERTIFICATE THIS MAP WAS ARED BY ME OR UNDER W DIRECTION AND IS BABED.UPoN A� � WRH OFOFOI�IRF1p111N�T3 THE SIBONORP MAPFAEEWAY � LTD. N 2002 1 HEIETY STATE THAT THIS IFNALOONPMK� �Y S 70 THE OpENd Y APPROVED iENTAIIVE YAP I ALSp iM1AAHF7P1mP Y STALE THAT THE SURVEY IS 1RlE AM�EiE AS SIOWt� THAT THE I�ONUEENTS ARE OF THE CHARACTER ARID OCCUPY THE POSITIONS INDICATE) (OR WILL E SET N SUCH POSITIONS WITHIN ONE YEAR AFTER RECORDATION OF THIS TRACT MAP) AND THAT THEY ARE (at WKL Ns 7036 'YO " Da 61/36A2 " Bq SRFICW TO ENABLE THE SURVEY ro E RETRACED. �7 CAI@ 2002 WARREN JL Ply 7033 OF CAU EDGE'. 04/31/2002 SHEET 1 OF 2 SHEETS SOILS REPORT A SOILS REPORT HAS BEEN PREPARE FOR TARS SUBDIVISION BY KLK L SHELLER EE 2642( AND SAY Al EA�S+TM�A�N LEO 423 OF OHWE9TIEIgg IABORA*TORESTIE OF MDDRPNO EIO'2040 DTFARTIlNT. ACCEPTANCE OF CONDITIONS OODITIONS OF APPROVAL E1 7N IPD PERMYT MINa 2001 -01 AND VESTING TENT TIyE� MAP Na BE THIS APRioVD BY FINE aTY OF MOOS6'ARK PFR REillTN7N H a 2002 -1982. TRACT N0. 5321 BEING A SUBDIVISION OF LOT 1 OF TRACT NO. 4973, IN THE CITY OF MOORPARK, COUNTY OF VENTURA, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 130, PAGES 59 TO 62 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PREPARED BY. DEVELOPMENT RESOURCE CONSULTANTS, INC. 8176 E KAISER BLVD. ANAHEIM HILLS, CA 92808 (714) 686 -6860 DATE OF SURVEY MARCH, 2002 s- ;s `o �g ALL IOWiS OF WORE4 ANI Ed1E55 I Ih.IA PA1af,�AY occfrr ne m1fAA� aarr- or -mA�¢ N�wx�y.1�vs ro� me m�xa Punic Al1E omiG7En m 7xe atY 110gIPARK R I VD 21s1.zYr12'sP�l i �zTm° a - ;:im �z r-1 o �aa _ 5 cZCO � r m �LLIG��LR����L� movz' ;u z m I'll, '. LI�i�IC���������`.`1Ci _ "• : 860��� B IG�� B08 L���i�L��Lr 880800 06 B BB BB08B�8B OEM ALL IOWiS OF WORE4 ANI Ed1E55 I Ih.IA PA1af,�AY occfrr ne m1fAA� aarr- or -mA�¢ N�wx�y.1�vs ro� me m�xa Punic Al1E omiG7En m 7xe atY 110gIPARK R I VD 21s1.zYr12'sP�l i �zTm° a - ;:im �z r-1 o �aa _ 5 cZCO � r m movz' ;u z m I'll, II N D °orb. z n N O 0 C ow / n cn �V Lf !) D 'rZ v N 5�N m D n �:� m m LOT 2 TRACT NO. 4973 i-in Up FQ —Rg MOORPARK FREEWAY HIGHWAY 23 too� g� q �y A 8�I Ig p /ib I 'SCIENCE j DRIVE 13ir I l YARES 4 � �AW, ZI e ' L I IIw� d i 71rI it _ 1 I� � 6S i I� I� VAMES 11II� �� i RECORDING REQUESTED BY City Clerk CITY OF MOORPARK 799 Moorpark Ave. Moorpark, CA 93021 WHEN RECORDED MAIL TO: City Clerk CITY OF MOORPARK 799 Moorpark Ave. Moorpark, CA 93021 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 512 - 260 -015, 512- 260 -085 and 512- 260 -105 PROJECT NO. & NAME: Moorpark Marketplace CPD Permit No. 2000 -01 VTTM No. 5321 STORM WATER MAINTENANCE AND HOLD HARMLESS AGREEMENT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In consideration of the City of Moorpark's approval of plans consisting of a grading and improvement plan (Plan No. 02- ML- 10669) (the "Plans ") for development to occur on that certain property described as Lot 1 of Tract 4973 filed in Book 130 Pages 59 through 62 in the Office of the Ventura County Recorder, Assessor Parcel Numbers 512- 260 -015, 512- 260 -085 and 512- 260 -105, (referred to in this document as the "Property "), We, Zelman Moorpark, LLC, the owners (referred to in this document as "Owner "), of the Property will install and maintain the storm water systems and accessories thereto shown on the Plans (the "Treatment Devices ") which Treatment Devices have been designed to meet or exceed all applicable water quality standards and total maximum daily load ( "TMDL") goals for storm water and dry weather flows discharged from the Property, including without limitation, the requirements of the Porter- Cologne Act, the Clean Water Act, any applicable storm water permit, including any General 35406\243045v6 Construction or General Industrial Activity Storm Water Permit and the Ventura County Storm Water Quality Management Program, National Pollutant Discharge Elimination System (NPDES) permit number CAS004002 and all subsequent storm water permits to the extent applicable to the Property. The Owner shall protect, defend, indemnify and hold the City of Moorpark, its officers, agents and employees harmless from any and all fines, levies, liability for injuries to persons, enforcement actions or damage to or taking of property, directly or indirectly caused by the failure of Owner to properly install and/or maintain the Treatment Devices or failure to comply with any applicable storm water permit, including any General Construction or General Industrial Activity Storm Water Permit, the Ventura County Storm water Quality Management Program, National Pollutant Discharge Elimination System (NPDES) permit number CAS004002 and any subsequent storm water permit to the extent applicable to the Property. Owner shall protect, defend with legal counsel reasonably approved by City, indemnify and hold harmless City and its officers, agents, servants and employees from any enforcement action, fine, levy, loss, demand, cost, liability, claim or cause of action for injury, including death, to any person and damage to any property whatsoever resulting from, related to or connected with the failure of Owner to comply with its obligations under this Agreement, whether such compliance be by Owner or any of its officers, agents, servants or employees or by one or more persons directly or indirectly employed by, or acting in concert with, any of Owner's officers, employees, agents or servants. Approval of the Plans by the City shall not constitute an assumption by the City of any responsibility for such fines, levies, damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any 35406\243045v6 2 officer, employee or agent thereof be. liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. The provisions of this paragraph shall apply to all injuries and damages of every kind suffered, or alleged to have been suffered, by reason of the aforesaid performance of this Agreement, regardless of whether or not City or any of its officers, employees, servants or agents has prepared, supplied or approved the Plans for the Improvements or inspected the completed work. Owner waives any right to challenge the provisions of this Agreement. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the Property described herein, and shall be a covenant running with the land. Any Owner transferring its interest in the Property shall be released of its obligations under this Agreement effective as of the date of such transfer provided that Owner obtains an executed assumption agreement from assignee, pursuant to which assignee agrees to be bound by the provisions of this Agreement. Notwithstanding such assumption, Owner shall not be relieved of liability under this Agreement, or otherwise, arising out of any actions or omissions of Owner (or its agents, employees, etc.) occurring prior to the assignment to the extent such liability is not assumable by Owner's successor. A breach of any of the covenants or restrictions of this Agreement shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to the Property or any part thereof or interest therein, whether or not the mortgage or deed of trust is subordinated to this Agreement; but the terms, conditions, covenants, restrictions and reservations of this Agreement shall be binding and effective against the holder of any such mortgage or deed of trust and any owner of the Property or any part thereof whose title to the Property is acquired by foreclosure, trustee's sale, or otherwise. 35406\243045v6 J �t ti ik�g °T IN WITNESS WHEREOF, the undersigned has executed this instrument this day of AiLt. S/ 12002. 35406\243045v6 OWNER Zelman Moorpark, LLC, a Delaware limited liability company By: ZRP Moorpark, LLC, a Delaware limited liability company, Managing Member By: Zelman Retail Partners, Inc. Its: Managing Member By: Paul s Its: Vice President STATE OF CALIFORNIA ) ss: COUNTY OF On 1r _�.' z , 2002 before me, the undersigned, a Notary Public in and for said County and State personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person1s) whose name(s) is /ate subscribed to the within instrument and acknowledged to me that he /she/they executed the same in his4ierAheirr authorized capacity(ie&)-, and that by his/ber/their signatureksy on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 35406\243045v6 s Notary JPublic 1 f ,