Agenda — Anderson City Council, September 5, 2023

CITY COUNCIL AGENDA
Special Meetine - 4;30 P.M,
September 5, 2023
REGULAR SESSION - 6:00 P.M.

ANDERSON CITY HALL
1887 Howard Street

PARTICIPATION BY PUBLIC IN MEETING
Please review the Agenda to determine if the subject you wish to discuss is scheduled for Council consideration. If it is on the Agenda, you will have an opportunity when that matter comes up for discussion to briefly address the Council.

If the subject is not on tonight's Agenda, please complete an Agenda Request Form (on Clerk's table) and present it to the City Council Clerk You will have the opportunity to speak on the subject under Item 5.2. However, if the item is not on the Agenda, each speaker will be limited to one three (3) minute opportunity to speak, unless the City Council makes an exception due to special circumstances.

The Brown Act prohibits the Council from taking action on any item not placed on the printed Agenda in most cases.

The Brown Act requires any non-confidential documents or writings distributed to a majority of the City Council less than 72 hours before a regular meeting will be made available to members of the public at the same time they are distributed.

City Council meetings are televised and can be seen live on Cable Public Access Channel 181 (previously Channel 11) and on tape delay the following morning at 10:00 a.m. City Council meetings may also be viewed on the City's website at www,cj.anderson.ca,u~ by clicking on the TV icon on the Home Page.

In compliance with the Americans with Disabilities Act, the City of Anderson will make available to members of the public any special assistance necessary to participate in this meeting. The public should contact the City Clerk's office (378-6646) to make such a request. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law.

Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.

City Council Meeting
September 5, 2023
Page2

12.0 Public Comment on Closed Session ltem(s); Anyone in the audience who wants to address the City Council on a subject which is listed under the Closed Session agenda is now invited to come to the podium. Please provide your name and the subject you wish to discuss. Please limit your remarks to 3 minutes or less.

The Ci(;v Council will convene to Closed Session.

CLOSED SESSION
C.S.1 PUBLIC EMPLOYEE PERFORMANCE EVALUTION
- (Gov't. Code Section 54957)
Title: City Manager Recruitment
The Ci(;v Council will reconvene to Qpen Session.

13.0 CLOSED SESSION ANNOUNCEMENT: The Mayor will announce the results of the Closed Session.

1.0 ROLL CALL - COUNCIL:

REGULAR SESSION - 6;00 P,M.

Councilmember Hunt
Councilmember Gallier
Councilmember Baugh
Vice-Mayor Neutze
Mayor Gallagher

2.0 INVOCATION - Anderson Police Chaplin Mark Robertson will give the invocation.

3.0 PLEDGE OF ALLEGIANCE - Councilmember Susie Baugh.

4.1 INTRODUCTIONS - Police Chief Jon Poletski will introduce newly promoted Sergeant Brandon Smith.

4.3 PRESENTATIONS-Ann Rodgers will give a presentation on the Resiliency Project.

5.2 PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - This is the time to address public comments by any member of the public to the Council regarding an item not on the agenda. Each comment must be limited to 3 minutes or less and on an item within the City's subject matter jurisdiction. The Brown Act does not permit any action or discussion on items not listed on the agenda. Are there any public comments? City Council Meeting
September 5, 2023

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CONSENT AGENDA

6.0 CONSENT AGENDA - Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any member of the public, staff or City Council may request that an item be removed from the Consent Agenda for separate discussion. Are there any requests to remove any items from the Consent Agenda?

6.1 MINUTES -Approve the minutes of the regular meeting of August 15, 2023.

6.2 WARRANTS - Receive and file warrant 29575 to 29634 in the amount of $210,555.17; Receive and file warrant 29635 to 29708 in the amount of $863,540.79; Receive and file warrant 29709 to 29761 in the amount of $118,696.33; Receive and file ACH in the amount of $62,533.73; Receive and file ACH in the amount of $62,793.84.

6.3 CITY ATTORNEY - Consider adoption of a resolution delegating authority for determining industrial disability to the City Manager pursuant to Government Code sections 21156 and 21173.

END OF CONSENT CALENDAR

6.11 ITEMS (IF ANY) REMOVED FROM THE CONSENT CALENDAR - Items removed from the Consent Agenda for discussion will be treated as Regular Agenda items and any member of the public may request to address the Council on any such item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.

REGULAR AGENDA

8.0 REGULAR AGENDA - Regular Agenda Items will be discussed individually and in order.

Any member of the public may request to address the Council on an item as it comes up for discussion. Please provide your name and limit your remarks to 3 minutes or less.

POLICE CHIEF

8.8a ROTATIONAL TOW AGREEMENTS FOR PREMIER TOWING AND ALL CAR TRUCK & TOWING
RECOMMENDED ACTION:

1. Receive a Staff Report

2. Authorize the Acting City Manager to execute a three-year agreement with All Car and Truck Towing, Inc to provide police rotational towing and storage services, subject to non-substantive changes approved by the City Attorney.

City Council Meeting
September 5, 2023

Page 4 ends

3. Authorize the Acting City Manager to execute a three-year agreement with Premier Towing to provide police rotational towing and storage services, subject to non-substantive changes approved by the City Attorney.

8.8b AWARD OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL GRANT RECOMMENDED ACTION:

Approve the acceptance of the California Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership Grant in the amount of $47,000.00.

PUBLIC WORKS

8.9 WASTEWATER CLEAN WATER STATE REVOLVING FUND CONSOLIDATION PLANNING

PROTECT
RECOMMENDED ACTION;
Consider adoption of a resolution authorizing The City Manager to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Anderson Park Village Consolidation Planning Project.

11.0 COUNCIL REPORTS/COMMENTS - City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234.)

14.0 ADJOURN - The City Council will adjourn to Se.ptember 19, 2023.

ANDERSON CITY COUNCIL MINUTES
Regular Meeting
August 15, 2023

REGULAR SESSION
The regular session was called to order at 6:00 p.m.

ROLL CALL
Councilmembers present: Councilmember Hunt
Council member Gallier
Councilmember Baugh
Vice-Mayor Neutze
Mayor Gallagher
DRAFT
Also present: City Manager Jeff Kiser, City Attorney Collin Bogener, Police Chief Jon Poletski and City Clerk Christy White.

INVOCATION
Doug Deese, Neighborhood Church of Anderson/Cottonwood, gave the invocation.

PLEDGE OF ALLEGIANCE
Council member Dan Gallier led the Pledge of Allegiance.

PUBLIC COMMENT ON ITEMS NOT ON THE AGENDA - None.

CONSENT AGENDA
By motion made, second (Hunt/Neutze) and carried by a 5-0 vote, Council took the following action.

Approved the minutes of the regular meeting of July 18, 2023 and special meeting minutes of July 26, 2023.

Received and filed warrant 29318 to 29414 in the amount of $2,041,457.75; Received and filed warrant 29415 to 294 76 in the amount of $175,946.34; Received and filed warrant 29477 to 29524 in the amount of $148,487.23; Received and filed warrant 29525 to 29574 in the amount of $451,759.29; Received and filed ACH in the amount of $61,979.55; Received and filed ACH in the amount of $62,092.20.

Enacted Ordinance No. 856 (second reading), for rezone 23-01-2644 North St -Tails of Rescue in Kahoots as introduced July 18, 2023 (first reading).

Item 6.9 was removed from the consent agenda by Councilmember Hunt.

ITEM 6.1 9/5/2023
City Council Meeting
September 5, 2023

Page 2 of 5 ends

Directed the Public Works Director to prepare and record a Notice of Completion for the 2022 Pavement Repair Project.

AYES:

NOES:

ABSTAIN:

ABSENT:

Council members Hunt, Neutze, Baugh, Gallier and Mayor Gallagher.

None.

ITEMS (IF AN\3 REMOVED FROM THE CONSENT CALENDAR
POLICE CHIEF -Consider adoption of a resolution accepting a grant in the amount of $21,299 from the California Department of California Highway Patrol and authorizing the City Manager to sign the grant agreement and any amendments thereto.

Councilmember Hunt removed this item from the consent calendar and asked Chief Poletski to speak to Council regarding the grant.

By motion made, seconded (Hunt/Baugh) and carried by a 5-0 vote adopted Resolution No. 23 -40 accepting a grant in the amount of $21,299 from the California Department of California Highway Patrol and authorizing the City Manager to sign the grant agreement and any amendments thereto.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Hunt, Baugh, Gallier, Neutze and Mayor Gallagher.

None.

PRESENTATIONS
Bonnie Simmons gave a presentation on the Shasta County Commission on Aging.

Mayor Gallagher presented City Manager Jeff Kiser with a Proclamation and award for his 14 years of service to the City of Anderson.
6:30 p.m.:
6:41 p.m.:

The City Council recessed for ten minutes . for refreshments.

The City Council reconvened.

REGULAR AGENDA

CITY MANAGER

A RESOLUTION AUTHORIZING INVESTMENT OF CITY MONIES IN LOCAL AGENCY

INVESTMENT FUND
City Manager Jeff Kiser gave a staff report and answered questions from Council.

City Council Meeting
September 5, 2023

Page 3 of 5 ends

By motion made, seconded (Baugh/Hunt) and carried by a 5-0 vote Council voted to adopt Resolution 23-41 authorizing City officers to direct investment of City monies in Local Agency Investment Fund.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Baugh, Hunt, Gallier, Neutze and Mayor Gallagher.

None.

APPOINTMENT OF CITY OF ANDERSON APPOINTEE TO THE ECONOMIC DEVELOPMENT

CORPORATION OF SHASTA COUNTY
City Manager Jeff Kiser gave a staff report and answered questions from Council. Mr. Kiser invited Michele Nystrom to the podium to be available for questions.

By motion made, seconded (Neutze/Hunt) and carried by a 5-0 vote Council voted to appoint Michelle Nystrom as the City of Anderson's representative on the Shasta County Economic Development Corporation Board of Directors for a term ending 2023.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Neutze, Hunt, Gallier, Baugh and Mayor Gallagher.

None.

OFFICIAL VOTING DELEGATE TO LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE FOR 2023
City Manager Jeff Kiser gave a staff report then turned the topic over to Mayor Gallagher to discuss the delegates and alternates.

By motion made, seconded (Neutze/Hunt) and carried by a 5-0 vote Council voted to appoint Councilmember Gallier as the voting delegate and Gallagher and Baugh as the alternates for the California Cities Annual Conference September 20,21,22, 2023.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Neutze, Hunt, Gallier, Baugh and Mayor Gallagher.

None.

UPDATING FEES FOR NEWLY RENOVATED AMPHITHEATER
City Manager Jeff Kiser gave a staff report on the new fees and answered questions from Council.

By motion made, seconded (Baugh/Neutze) and carried by a 5-0 vote Council voted to adopt Resolution No 23-42 establishing an increased fee for the newly renovated Amphitheatre.

City Council Meeting
September 5, 2023

Page 4 of 5 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

Council members Baugh, Neutze, Hunt, Gallier and Mayor Gallagher.

None.

PUBLIC WORKS DIRECTOR

APPROVAL OF THE FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR

EAST STREET INDUSTRIAL SUBDIVISION
Public Works Director Adam Whelen gave a staff report and answered questions from Council.

1. By motion made, seconded (Hunt/Neutze) and carried by a 5-0 vote Council voted to Authorize the City Manager to enter into a subdivision agreement with ANDERSON B&B LLC for improvements for East Street Industrial Subdivision; and

2. Approve the Final Map for East Street Industrial Subdivision and direct the City Clerk to file the Final Map with Shasta County.

AYES:

NOES:

ABSTAIN:

ABSENT:

Councilmembers Hunt, Neutze, Gallier, Baugh and Mayor Gallagher.

None.

STAFF REPORTS - Public Works Director Adam Whelen updated Council on APWA awards given on the River Splash project and the Ventura Street project. Mr. Whelen presented City Manager Jeff Kiser and Deputy Public Works Director Peter Wickenheiser with the awards.

COUNCIL REPORTS/COMMENTS
Council members used this time to report on meetings and activities they participated in and to announce upcoming events.

Public Comment on Closed Session Items - None.
7;26 p.m.: The City Council convened to Closed Session.

CLOSED SESSION

8.49p.m.: The City Council reconvened to Open Session.

CLOSED SESSION ANNOUNCEMENT
C.S.1 CONFERENCE WITH LEGAL CQUNSEL-Existine Litiption (§ 54956.9) - Name of Case: Badu v. City of Anderson, Case No. 23CL0096 - Name of Case: Burton v. City of Anderson, Case No. 23CL0123 City Council Meeting
September 5, 2023

Page 5 of 5 ends

C.S.2 CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION - Initiation oflitigation pursuant to§ 54956.9(c): (One Cases) C.S.3 PUBLIC EMPLOYEE PERFORMANCE EVALUTION - (Gov't. Code Section 54957) Title: City Manager
Mayor Gallagher announced that the Council sat in Closed Session with no reportable action giving direction to staff.

ADJOURNMENT
8:49 p.m.: The Ci(y Council adiourned to Se.ptember 5. 2023.

Mike Gallagher, Mayor
ATTEST:

Christy White, City Clerk

AGENDA ITEM
!September 5, 2023 City Council Meeting I
To Be Presented By:

To:

Through:

Honorable Mayor and Members of the Anderson City Council Jeff Kiser, City Manager
From: Cindy Wheeler, Acting Finance Director /Treasurer Date: September 5, 2023

I SUBJECT
Receive and File Weekly Warrant Registers.

I RECOMMENDATION
Receive and file warrant 29575 to 29634 in the amount of $210,555.17; Receive and file warrant 29635 to 29708 in the amount of $863,540.79; Receive and file warrant 29709 to 29761 in the amount of $118,696.33; Receive and file ACH in the amount of $62,533.73; Receive and file ACH in the amount of $62,793.84.

I ATTACHMENT
Warrant Registers.

ITEM 6.2 PAGE1 9/5/2023

CHECK REGISTER

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
007431 NOVA PRODUCTIONS BACKLINE
PROFESSIONAL SERVICES 8/8/2023 29575 2,290.00
000083 ACE HARDWARE
SUPPLIES-JOB #4 8/11/2023 29576 4,117.28
000349 AMERICAN TOWER CORPORATION
MONTHLY TOWER RENT 8/11/2023 29577 975.00
000355 AMERIGAS
TANK RENTAL 8/11/2023 29578 152.55
000406 ANDERSON FIRE PROTECTION DIST.

PROFESSIONAL SERVICES 8/11/2023 29579 1,200.00
000550 ARIES INDUSTRIES, INC.

SUPPLIES 8/11/2023 29580 305.50
000615 AT&T CALNET
PHONE CHARGES 8/11/2023 29581 1,531.95
001133 BIG VALLEY SANITATION
EQUIPMENT RENTAL 8/11/2023 29582 623.00
011951 BRADFORD JAY SHAW
PROFESSIONAL SERVICES 8/11/2023 29583 200.00
001750 CALIFORNIA SAFETY CO.

PROFESSIONAL SERVICES 8/11/2023 29584 28.00
001757 CALL CENTER SALES PRO
PROFESSIONAL SERVICES 8/11/2023 29585 28.10
001912 CASCADE COMFORT SERVICES
PROFESSIONAL SERVICES 8/11/2023 29586 99.00
001982 CENTRAL VALLEY SALINITY COALIT
PROFESSIONAL SERVICES 8/11/2023 29587 2,315.68
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 8/11/2023 29588 1,506.98

Page 1 ends

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
002165 CITY OF REDDING
TRAFFIC SIGNAL AGRMT 1/23-6/23 8/11/2023 29589 5,160.00 002165 CfTY OF REDDING
SINTF-RELATED EXPENSES 8/11/2023 29590 47,416.05
002167 CITY OF REDDING
UTILITIES 8/11/2023 29591 1,456.14
002199 CLARK PEST CONTROL OF STOCKTON
PROFESSIONAL SERVICES 8/11/2023 29592 560.00
002392 CONSOLIDATED ELECTRICAL DIST.

SUPPLIES 8/11/2023 29593 233.83
003073 DKF SOLUTIONS GROUP. LLC
SUPPLIES 8/11/2023 29594 423.46
003451 ENTERPRISE AUTO PARTS
PARTS 8/11/2023 29595 2,841.28
003452 ENTERPRISE FM TRUST
VEHICLE LEASES 8/11/2023 29596 17,714.44
003534 EWING
SUPPLIES 8/11/2023 29597 679.59
003590 FASTENERS INC.

SUPPLIES 8/11/2023 29598 477.67
003618 FERGUSON ENTERPRISES, INC.

SUPPLIES 8/11/2023 29599 1,881.75
004790 HIGHWAY SPECIALTY CO, INC
SUPPLIES 8/11/2023 29600 2,691.93
005096 INDEPENDENT BUSINESS FORM
PROFESSIONAL SVCS & SUPPLIES 8/11/2023 29601 690.15
005169 J & T CONSULTING, INC.

PROFESSIONAL SERVICES 8/11/2023 29602 2,193.00
005262 JMB OIL COMPANY
SUPPLIES 8/11/2023 29603 425.18

Page 2 ends

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
006000 LES SCHWAB TIRES
PARTS 8/11/2023 29604 641.83
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 8/11/2023 29605 1,497.78
006510 DEVON MC CABE
PER DIEM-TRAINING 8/11/2023 29606 33.00
011950 SHELISA MCLEOD
CLEANING DEPOSIT REFUND 8/11/2023 29607 350.00
006816 MIKE'S HEATING AND AIR, INC.

PROFESSIONAL SERVICES 8/11/2023 29608 1,418.06
011792 MISSIONSQUARE-302204
PLAN #302204 PE 8/4/23 8/11/2023 29609 3,270.00
007058 MT. SHASTA SPRING WATER
DRINKING WATER 8/11/2023 29610 260.31
007118 MUTUAL OF OMAHA
INSURANCE PREMIUM-AUG 23 8/11/2023 29611 4,824.72
007342 NORCAL RENTALS & SALES
EQUIPMENT RENTAL 8/11/2023 29612 181.56
007470 O'REILLY AUTO PARTS
PARTS 8/11/2023 29613 170.38
007477 OBSIDIAN IT
PROFESSIONAL SERVICES 8/11/2023 29614 13,911.32
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 8/11/2023 29615 877.31
007585 OUTDOOR CREATIONS,INC.

EQUIPMENT 8/11/2023 29616 22,331.20
007616 PACE ANALYTICAL SVCS., LLC
PROFESSIONAL SERVICES 8/11/2023 29617 516.64
007618 PACE SUPPLY CORP.

SUPPLIES 8/11/2023 29618 2,578.09

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NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
007630 PACIFIC GAS & ELECTRIC
UTILITIES 8/11/2023 29619 8,678.47
007669 PAPE MACHINERY
PARTS 8/11/2023 29620 310.05
007750 PAYLESS BUILDING SUPPLY
MATERIALS 8/11/2023 29621 408.46
011949 PLACER LABS, INC,
PROFESSIONAL SERVICES 8/11/2023 29622 11,250.00
007967 PLATT
SUPPLIES 8/11/2023 29623 1,920.86
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 8/11/2023 29624 3,465.17
009845 SONSRAY MACHINERY, LLC
SUPPLIES 8/11/2023 29625 940.79
009937 SST OIL
FUEL CHARGES 8/11/2023 29626 16,318.15
009988 STATE OF CALIFORNIA
ASSIGN OF WAGES PE 8/4/23 8/11/2023 29627 30.00
010180 SUNBELT RENTALS, INC.

EQUIPMENT RENTAL 8/11/2023 29628 9,457.10
010212 SW MAINTENANCE CORP.

MONTHLY UST TESTING 8/11/2023 29629 130.00
010255 T ANDS DVBE, INC.

SUPPLIES 8/11/2023 29630 2,339.63
010732 UPS
SHIPPING FEES 8/11/2023 29631 60.00
010918 VIRTUAL PROJECT MANAGER
PROFESSIONAL SERVICES 8/11/2023 29632 1,250.00
011064 WASTE MANAGEMENT
DUMP FEES 8/11/2023 29633 617.62

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NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
011555 WYNTOUR GARDENS
MATERIALS 8/11/2023 29634 299.16
8/10/2023 ACH PERS 62,533.73 210,555.17
For Payroll Ending 8/4/23
o)t~"> Date

Page 5 ends

CHECK REGISTER

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
002157 CITY OF ANDERSON
PROFESSIONAL SERVICES 8/15/2023 29635 500.00
011947 THE FRONTMEN OF COUNTRY, LLC
PROFESSIONAL SERVICES 8/15/2023 29636 20,500.00
1 HERNANDEZ, YURITZA
US REFUND 8/18/2023 29637 20.78
1 REEP, CHASITY
US REFUND 8/18/2023 29638 20.78
1 SNELL, KEVIN & REBEC
US REFUND 8/18/2023 29639 20.78
1 SERRANO,GUADALUPE
US REFUND 8/18/2023 29640 1.3S
1 ADAMS, SHANE
US REFUND 8/18/2023 29641 LS6
1 WALKER, RYAN & JORDA
US REFUND 8/18/2023 29642 20.78
1 GILSTRAP, JAMES & LY
US REFUND 8/18/2023 29643 20.78
1 DUGGAN, BARBARA & MA
US REFUND 8/18/2023 29644 6.56
1 GODMAN, BETTY
US REFUND 8/18/2023 29645 32.00
1 MCINTYRE, MISTY
US REFUND 8/18/2023 29646 20.78
1 CONTRERAS, NOEL
US REFUND 8/18/2023 29647 6.56
l HEWITT, TAMARA & JAS
US REFUND 8/18/2023 29648 6,56
1 RICHARDS, TIMOTHEE
US REFUND 8/18/2023 29649 10.29

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NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
1 ENLOE, ESTHER
US REFUND 8/18/2023 29650 20.78
1 BOWEN, JENNIFER & PA
US REFUND 8/18/2023 29651 20.78
000462 ANDERSON WALKIN MEDICAL CLINIC
PROFESSIONAL SERVICES 8/18/2023 29652 150.00
000493 ANTHEM BLUE CROSS LIFE AND HEA
HEALTH INS. PREMIUM-HUNT 8/18/2023 29653 1,436.00
000585 ASBURY ENVIRONMENTAL SERVICES
PROFESSIONAL SERVICES 8/18/2023 29654 302.80
000609 AT&T
PHONE CHARGES 8/18/2023 29655 95.25
000615 AT&T CALNET
PHONE CHARGES 8/18/2023 29656 129.29
011677 CALIBER OFFICE FURNITURE
EQUIPMENT 8/18/2023 29657 3,338.69
001754 CALIFORNIA VISION SERVICE
INSURANCE PREMIUM 8/18/2023 29658 119.50
001881 CARREL'S OFFICE MACHINES
MONTHLY LEASE 8/18/2023 29659 294.26
001961 CCH
GAAP GUIDE 2023 8/18/2023 29660 833.34
002047 CHARTER COMMUNICATIONS
INTERNET SERVICES 8/18/2023 29661 782.62
002158 CITY OF ANDERSON
UTILITIES 8/18/2023 29662 3,096.06
002973 DEPT OF JUSTICE
FINGERPRINT APPLICATIONS 8/18/2023 29663 60.00
003031 DIESEL EMISSIONS SERVICE
PROFESSIONAL SVCS & PARTS 8/18/2023 29664 1,988.90
003590 FASTENERS INC.

SUPPUES 8/18/2023 29665 32.31

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NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
003927 MIKE GAl.LAGHER
HEALTH INS. REIMBURSEMENT 8/18/2023 29666 514.00
004096 GILES LOCK & SECURITY SYSTEMS,
SUPPLIES 8/18/2023 29667 26.80
004592 HAVEN HUMANE SOCIETY
ANIMAL SERVICES 8/18/2023 29668 1,014.82
005076 IBM CORPORATION
PROFESSIONAL SERVICES 8/18/2023 29669 99.00
005445 K & S STAFFING SOLUTIONS, INC.

PROFESSIONAL SERVICES 8/18/2023 29670 1,922.40
011956 LASSEN COMMUNITY COLLEGE
HEALTH & REP TRAINING-BAILEY 8/18/2023 29671 51.00
005982 LEHR AUTO
PARTS 8/18/2023 29672 2,147.53
011946 ERIN LUEVANO
REIMBURSEMENT-SUPPLIES 8/18/2023 29673 143.31
011954 MASON ENTERTAINMENT, LLC
PROFESSIONAL SERVICES 8/18/2023 29674 1,200.00
006958 MOORE & BOGENER
PROFESSIONAL SERVICES 8/18/2023 29675 10,875.00
007075 MUNICIPAL MTNC. EQUIPMENT
SUPPLIES 8/18/2023 29676 105.25
007202 NCCSIF
INSURANCE PREMIUM 8/18/2023 29677 12,454.00
007238 NETSOUND
PROFESSIONAL SERVICES 8/18/2023 29678 23,442.50
011955 OAK COVE BUILDERS
BUSINESS LICENSE REFUND 8/18/2023 29679 4.00
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 8/18/2023 29680 327.64
007617 PACE ENGINEERING, INC.

PROFESSIONAL SERVICES 8/18/2023 29681 17,078.75

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NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
007630 PACIFIC GAS & ELECTRIC
UTILITIES 8/18/2023 29682 3,804.04
007782 PECKHAM & MCKENNEY
PROFESSIONAL SERVICES 8/18/2023 29683 9,333.33
011953 PURCELL STOWELL PC
CIVIL SUBPOENA DEPOSIT REFUND 8/18/2023 29684 275.00
008175 PVP COMMUNICATIONS INC.

PARTS 8/18/2023 29685 756.62
008182 QUADIENT LEASING, INC.

QTRLY LEASE 8/18/2023 29686 1,509.85
008397 REDDING POLICE DEPT
SINTF-DISBURSE FORFEITED FUNDS 8/18/2023 29687 86,801.69 008399 REDDING PRINTING COMPANY,INC
PROFESSIONAL SVCS & SUPPLIES 8/18/2023 29688 1,919.03
008661 RIVER CITY COMPLIANCE
PROFESSIONAL SERVICES 8/18/2023 29689 170.00
009321 HOPE SETH
PROFESSIONAL SERVICES 8/18/2023 29690 1,920.00
009447 SHASTA COUNTY SHERIFF'S OFFICE
DISBURSE GANG FUND BALANCE 8/18/2023 29691 7,171.21
009447 SHASTA COUNTY SHERIFF'S OFFICE
RELEASE SCSO SEIZED FUNDS 8/18/2023 29692 312,094.33
009447 SHASTA COUNTY SHERIFF'S OFFICE
SINTF-DISBURSE FORFEITED FUNDS 8/18/2023 29693 260,405.07 009463 SHASTA FAMILY YMCA
SWIM PROGRAM 8/18/2023 29694 22,000.00
009618 SIGNARAMA
PROFESSIONAL SERVICES 8/18/2023 29695 201.72
011952 SPECIAL OLYMPICS SHASTA COUNTY
PARK RENTAL REFUND 8/18/2023 29696 75.00
009883 SPECIAL SERVICES GROUP, LLC
ANNUAL COVERT TRACK RENEWAL 8/18/2023 29697 600.00

Page 4 ends

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
010212 SW MAINTENANCE CORP.

ANNUAL TESTING/CERTIFICATION 8/18/2023 29698 693.00
010579 TRANSUNION RISK AND ALTERNATIV
PROFESSIONAL SERVICES 8/18/2023 29699 150.00
010588 TRG EXCAVATION, INC.

PROFESSIONAL SERVICES 8/18/2023 29700 11,853.40
011866 UBEO WEST
MONTHLY LEASE 8/18/2023 29701 259.67
010732 UPS
SHIPPING CHARGES 8/18/2023 29702 43.30
010747 US BANK CORP PYMT SYSTEMS
SUPPLIES, EQUIPMENT & TRAVEL 8/18/2023 29703 34,733.39
VOID CHECK 8/18/2023 29704
VOID CHECK 8/18/2023 29705
011099 WATTS CONSULT & INVESTIGATIONS
PROFESSIONAL SERVICES 8/18/2023 29706 400.00
011121 WEB MADE LOCAL
PROFESSIONAL SERVICES 8/18/2023 29707 1,000.00
011245 CINDY WHEELER
CELL PHONE REIMBURSEMENT 8/18/2023 29708 75.00
863,540.79
~ ' Date

Page 5 ends

CHECK REGISTER

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
000017 49ER WATER SERVICES
PROFESSIONAL SERVICES 8/25/2023 29709 3,549.00
000126 ADAMS ASHBY GROUP, LLC.

PROFESSIONAL SERVICES 8/25/2023 29710 887.50
011765 AGILE OCCUPATIONAL MEDICINE, R
PROFESSIONAL SERVICES 8/25/2023 29711 185.00
000322 AMERICAN FIDELITY ASSURANCE
INSURANCE PREMIUM-AUG 23 8/25/2023 29712 2,824.80
000543 ARDENT SECURITY
PROFESSIONAL SERVICES 8/25/2023 29713 3,325.00
000585 ASBURY ENVIRONMENTAL SERVICES
PROFESSIONAL SERVICES 8/25/2023 29714 55.00
000615 AT&T CALNET
PHONE CHARGES 8/25/2023 29715 63.98
001140 BIKE SHOP THE
EQUIPMENT 8/25/2023 29716 11,945.32
011957 BREAKOUT BASEBALL
FIELD DEPOSIT REFUND 8/25/2023 29717 100.00
001912 CASCADE COMFORT SERVICES
PROFESSIONAL SVCS & EQUIPMENT 8/25/2023 29718 9,999.00
002392 CONSOLIDATED ELECTRICAL DIST.

SUPPLIES 8/25/2023 29719 150.19
002857 DE LAGE LANDEN FINANCIAL SVC
QTRLY LEASE 8/25/2023 29720 1,922.37
011828 CHRISTOPHER DOWDS
REIMBURSEMENT-QAC TESTING 8/25/2023 29721 140.00
003423 ENERPOWER
UTILITIES 8/25/2023 29722 8,988.00

Page 1 ends

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
VOID CHECK 8/25/2023 29723
003590 FASTENERS INC.

SUPPLIES 8/25/2023 29724 908.87
003618 FERGUSON ENTERPRISES, INC.

SUPPLIES 8/25/2023 29725 6,646.24
004040 GENERAL TEAMSTERS #137
DUES FOR MONTH OF AUG-23 8/25/2023 29726 2,628.00
004205 GOODYEAR COMMERCIAL TIRE
PROFESSIONAL SVCS & PARTS 8/25/2023 29727 848.85
011959 BRIAN HENDERSON
CLEANING DEPOSIT REFUND 8/25/2023 29728 350.00
005111 INLAND BUSINESS MACHINES, INC
PARTS 8/25/2023 29729 59.26
005445 K & S STAFFING SOLUTIONS, INC.

PROFESSIONAl SERVICES 8/25/2023 29730 1,682.10
005467 RAY KAPAHI OBA
PROFESSIONAL SERVICES 8/25/2023 29731 4,300.00
005889 LAUNDRY WORLD
PROFESSIONAL SERVICES 8/25/2023 29732 2,964.15
005982 LEHR AUTO
PARTS 8/25/2023 29733 133.50
006153 LOUCKS LANDSCAPE SUPPLY
MATERIALS 8/25/2023 29734 1,332.92
011960 JACOB MCCOY
CLEANING DEPOSIT REFUND 8/25/2023 29735 350.00
011792 MISSIONSQUARE-302204
PLAN #302204 PE 8/18/23 8/25/2023 29736 3,310.00
011889 NOR CAL METAL FABRICATORS
PROFESSIONAL SERVICES 8/25/2023 29737 18,600.00

Page 2 ends

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
007394 NORTHERN CALIF. GLOVES
SUPPLIES 8/25/2023 29738 630.77
007493 ODP BUSINESS SOLUTIONS, LLC
OFFICE SUPPLIES 8/25/2023 29739 149.01
007630 PACIFIC GAS & ELECTRIC
UTILITIES 8/25/2023 29740 47.06
007669 PAPE MACHINERY
PARTS 8/25/2023 29741 33.97
007854 BRYON PETERSON
PROFESSIONAL SERVICES 8/25/2023 29742 28.00
007967 PLATT
SUPPLIES 8/25/2023 29743 S.60
008126 PROFORCE LAW ENFORCEMENT
EQUIPMENT 8/25/2023 29744 20,846.11
008407 REDDING RECORD SEARCHLIGHT
ADVERTISING 8/25/2023 29745 1,245.75
009256 SCP DISTRIBUTORS, LLC
SUPPLIES 8/25/2023 29746 24.13
009441 SHASTA COUNTY RECORDER
NOC RECORDING FEE 8/25/2023 29747 17.00
009501 SHASTA WELDING SUPPLY, INC.

SUPPLIES 8/25/2023 29748 342.10
009988 STATE OF CALIFORNIA
ASSIGN OF WAGES PE 8/18/23 8/25/2023 29749 30.00
011771 JORDAN TAYLOR
CLEANING DEPOSIT REFUND 8/25/2023 29750 75.00
010360 TEXAS LIFE INSURANCE COMPANY
INSURANCE PREMIUM-AUG 23 8/25/2023 29751 908.92
010399 THE REGENTS OF THE UNIVERSITY
SUPPLIES 8/25/2023 29752 544.13

Page 3 ends

NAME CHECK CHECK CHECK

VENDOR DESCRIPTION DATE NUMBER AMOUNT
010518 TOMASINI BLACKSMITHING & WELDI
PROFESSIONAL SVCS & SUPPLIES 8/25/2023 29753 574.74
010732 UPS
SHIPPING FEES 8/25/2023 29754 30.00
010756 USA BLUEBOOK
SUPPLIES 8/25/2023 29755 513.86
010874 VERIZON WIRELESS
PHONE CHARGES 8/25/2023 29756 3,438.55
010981 DAVID WAKLEY
REIMBURSEMENT-DOT 8/25/2023 29757 100.00
011064 WASTE MANAGEMENT
RECYCLE FEES 8/25/2023 29758 5.00
011958 HEATHER WEGMAN
CLEANING DEPOSIT REFUND 8/25/2023 29759 350.00
011674 WELLS FARGO VENDOR FINANCIALS
MONTHLY LEASE 8/25/2023 29760 357.45
011555 WYNTOUR GARDENS
MATERIALS 8/25/2023 29761 150.13
8/24/2023 ACH PERS 62,793.84 118,696.33
For Payroll Ending 8/18/2023
~y;/23 Date
Page4

AGENDA ITEM
~eptember 5, 2023, City Council Meeting!
To:

Through:

From:

Date:

I SUBJECT
Collin
Honorable Mayor and Members of the Anderson City Council Jon Poletski, Acting City Manager
Collin Bogener, City Attorney
September 5, 2023
Consider adoption of a resolution delegating authority for determining industrial disability to the City Manager pursuant to Government Code sections 21156 and 21173

I RECOMMENDATION
The City Attorney recommends that the City Council:

1. Receive a Staff Report

2. Adopt a resolution delegating authority for determining Industrial Disability pursuant to Government Code sections 21156 and 21173 to the City Manager.

I FISCAL IMPACT
There is no financial impact but will result in improved staff efficiency.

I DISCUSSION and BACKGROUND
The California Public Employees' Retirement System (CalPERS) allows Industrial Disability Retirement for Local Safety Members to be determined by either the governing body or an official delegate appointed by the governing body. Historically, staff has presented Resolutions for approval to the City Council for Industrial Disability Retirement of a Local Safety Member, which included limited confidential medical and personnel information.

ITEM 6.3 PAGE1 9/5/2023
Government Code section 21156(a)(2) provides that the board or governing body of the contracting agency shall make a determination on a member's disability retirement on the basis of competent medical opinion and shall not use disability retirement as a substitute for the disciplinary process. Government Code section 21156(b)(1) provides that the governing body of a contracting agency upon receipt of request of the board pursuant to Government Code section 21154 shall certify to the board its determination under this section that the member is or is not incapacitated.

Government Code Section 21173 allows the governing body of a contracting agency to delegate any authority or duty conferred or imposed to a subordinate officer subject to conditions it may impose. Delegating the authority to determine an Industrial Disability Retirement to the City Manager is consistent with other. Staff will continue to follow all CalPERS application and determination requirements. It is appropriate that the medical and personnel information included in an Industrial Disability Retirement application be kept confidential and delegating the decision-making authority to the City Manager would eliminate the need to bring forth these applications at a public meeting.

I ATTACHMENT

1. Proposed Resolution
ITEM 6.3 PAGE2 9/5/2023
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON DELEGATING

AUTHORITY FOR DETERMINING INDUSTRIAL DISABILITY TO THE CITY MANAGER PURSUANT TO GOVERNMENT CODE SECTIONS 21156 AND 21173
WHEREAS, the City of Anderson (hereinafter referred to as "Agency") is a contracting agency of the Public Employees' Retirement System; and
WHEREAS, the Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency in employment in which he/she is classified as a local safety member is disabled for purposes of the Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such Law; and WHEREAS, the City Council of the City of Anderson has determined that it may delegate authority under Government Code section 21173 to make such determinations to the incumbent of the office/position of the City Manager.

NOW, THEREFORE, BE IT RESOLVED: that the City Council of the City of Anderson delegate and it does hereby delegate to the incumbent of the office/position of the City Manager, authority to make applications on behalf of the Agency pursuant to Government Code section 21152(c) for disability retirements of all eligible employees and to initiate requests for reinstatement of such employees who are retired for disability; and BE IT FURTHER RESOLVED: that the City Council of the City of Anderson delegate and it does hereby delegate to the incumbent of the office/position of the City Manager, authority to make determinations of disability on behalf of the Agency under Government Code section 21156 and determine whether such disability is industrial and to certify such determinations and all other necessary information to the California Public Employees' Retirement System.

PASSED AND ADOPTED this 5th day of September 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Michael Gallagher, Mayor
ATTEST:

Christy White, City Clerk

AGENDA ITEM
~eptember 5, 2023, City Council Meeting!
Jon P
To:

Through:

Honorable Mayor and Members of the Anderson City Council Jon Poletski, Acting City Manager
From:

Date:

Lieutenant Steve Blunk and City Attorney Collin Bogener September 5, 2023
!SUBJECT
Consider approval of Rotational Tow Agreements for Premier Towing and All Car Truck & Towing

I RECOMMENDATION
The Anderson Police Department recommends that the City Council:

1. Receive a Staff Report

I FISCAL IMPACT
There is no fiscal impact associated with this item. Individuals whose vehicles are towed pay the tow providers directly for their services.

ITEM 8.8a PAGE1 9/5/2023
I DISCUSSION and BACKGROUND
The Anderson Police Department ("APD") routinely encounters the needs to have vehicles towed or stored for a variety of reasons and depends on private sector partners skilled in the area of towing operations to complete this objective. The City intends to contract with two tow companies to provide necessary towing services on a rotational basis. Towing may include, but are not limited to, towing vehicles from public or private property at the direction of Police employees, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean-up and removal, recovery services and administrative oversight of vehicles.

APO has been using the services of All Car Truck & Towing, Inc. ("All Car") for its abandoned vehicle towing service following approval of an agreement by the City Council earlier this year.

All Car has indicated it would like to also participate in the rotational tow program, and based on the relationship between the parties pursuant to the abandoned tow agreement, APO is agreeable to the request.

Additionally, Premier Towing has previously provided rotational tow services to APD and has indicated its desire to continue providing those services.

Contracts have been prepared for both companies with a term of three (3) years. The City's standard contractor agreement has been prepared, along with an exhibit detailing the scope of services. This scope of services is very similar to the rotational tow document provided by the California Highway Patrol in an effort to provide some consistency between the law enforcement agencies. It sets forth all of the requirements to participate in the tow program, and also outlines the process for termination of services.

I ATTACHMENT

1. Proposed Agreement with Premier Towing

2. Proposed Agreement with All Car Truck & Towing, Inc.

3. Exhibit A to both agreements
ITEM 8.8a PAGE2 9/5/2023

CITY OF ANDERSON

ROTATIONAL TOW SERVICES CONTRACT
THIS CONTRACT is made at Anderson, California, by and between the City of Anderson ("City"), a municipal corporation, and Premier Towing ("Contractor") for the purpose of participating in the Anderson Police Department's rotational tow program.

WHEREAS, City desires to engage the services of Premier Towing ("Contractor") vehicle towing company as an independent contractor for the purposes of participating in the rotational tow and secure storage needs of the Anderson Police Department ("APO") for third party vehicles designated for towing and impound; and
WHEREAS, based on Contractor's qualifications and experience, it was determined by City that Contractor offers an optimal combination of qualities that provide the City with the best value for the services required.

NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:

SECTION 1. CONTRACTOR SERVICES
Subject to the terms and conditions set forth in this Contract, Contractor shall perform on behalf of the City, on an as needed basis, the necessary services as set forth in the scope of services set forth in Exhibit A to this agreement.

SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS
A. City shall pay Contractor for services rendered pursuant to this Contract as set forth in the fee schedule attached to this agreement as Exhibit B.

B. Contractor shall invoice City on a monthly basis for services provided under this Contract.

C. All correct, complete and undisputed invoices sent by Contractor to City shall be paid within thirty (30) calendar days of receipt.

SECTION 3. TERM AND TERMINATION
A. The initial term of this agreement shall be for three (3) years beginning on the last date signed below. The initial term shall be automatically renewed for three additional oneyear terms at the end of the initial term, under the same terms and conditions unless either party gives 30 days written notice not to renew before the end of the term.

Contractor Services Agreement
Rev. 08123
Pagt l
B. If Contractor fails to perform its duties to the satisfaction of City, or if Contractor fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract pursuant to the terms set forth in Exhibit A.

C. In the event that City gives notice of termination, Contractor shall promptly provide to City any and all finished and unfinished reports, data, studies, photographs, charts or other work product prepared by Contractor pursuant to this Contract. City shall have full ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product.

Contractor shall, not later than ten ( 10) calendar days after termination of this Contract by City, furnish to City such financial information as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Contractor.

E. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to perform each obligation required by this Contract.

SECTION 4 MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible, if necessary, to Contractor as required for Contractor's performance of its services under this Contract, and, upon request of Contractor, provide labor and safety equipment as required by Contractor for such access.

B. Pursuant to the City's business license ordinance, Contractor shall obtain a City business license prior to commencing work.

C. Contractor represents and warrants to City that it has all licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Contractor to practice its profession.

Contractor Services Agreement
Rev. 081'23

Page 2 ends

D. Contractor shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship, trust or partnership or to allow City to exercise discretion or control over the professional manner in which Contractor performs under this Contract. Any and all taxes imposed on Contractor's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Contractor. Contractor shall be responsible for any taxes or penalties assessed by reason of any claims that Contractor is an employee of City. Contractor shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. The work being performed by Contractor is outside the usual course of the City's business and Contractor is customarily engaged in the trade, occupation and/or business of the type required in this Contract.

E. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.

F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Contractor may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Contractor shall have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Contractor shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City shall determine to be necessary.

G. Contractor, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.

H. Contractor shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City.

Contractor shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City.

Contractor Services Agreement
Rev. 08123

Page 3 ends

I. Contractor shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Contractor's profession. All products of whatsoever nature which Contractor delivers to City pursuant to this Contract shall be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Contractor and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract.

J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Contractor in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Contractor. City shall release, defend, indemnify and hold harmless Contractor from all claims, costs, expenses, damage or liability arising out of or resulting from City's use or modification of any reports, data, documents, drawings, specifications or other work product prepared by Contractor, except for use by City on those portions of the City's project for which such items were prepared.

K. Contractor, including its employees, agents, and subcontractors, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Contractor shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: t) Contractor shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Contractor's economic interest, and 2) if required by the City Attorney, Contractor shall file financial disclosure forms with the City Clerk.

SECTION 6. INSURANCE
A. Unless modified in writing by City, Contractor shall maintain the following noted insurance during the duration of the Contract:

Covera2e
Commercial General Liability
Comprehensive Vehicle Liability
Workers' Compensation and Employers' Liability
Professional Liability (Errors and Omissions)
B. Coverage shall be at least as broad as:

Contractor Services Agreement
Rev. 08/23
Reguired Not Reguired
X
X
X
X
(Place an "x" in the appropriate box)
Page4

1. Insurance Services Office form number CG-000 I, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage;

2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles;

3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents and volunteers;

4. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility.

C. Any deductibles or self-insured retentions must be declared to and approved by City.

At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

D. The General Liability shall contain or be endorsed to contain the following provisions:

1. City, its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Contractor; premises owned, leased or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor.

The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.

2. The insurance coverage of Contractor shall be primary insurance as respects City, its elected officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City, its elected officials, officers, Contractor Services Agreement
Rev. 08123

Page 5 ends

employees, agents and volunteers, shall be in excess of Contractor's insurance and shall not contribute with it.

3. Coverage shall state that the insurance of Contractor shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

4. Each insurance policy required by this Contract shall be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Contractor agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City.

E. Insurance is to be placed with insurers with a current AM.Best's rating of no less than A-VII.

F. Contractor shall designate the City as a Certificate Holder of the insurance.

Contractor shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certificates and endorsements shall be furnished to: City Manager, City of Anderson, 1887 Howard Drive, Redding, CA 96007. The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City prior to the commencement of contracted services. City may withhold payments to Contractor if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner.

G. The requirements as to the types and limits of insurance coverage to be maintained by Contractor as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Contractor pursuant to this Contract, including, without limitation, provisions concerning indemnification.

H. If any policy ofinsurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Contractor shall keep said insurance in effect for a period of eighteen ( 18) months after the termination of this Contract.

I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Contractor shall immediately notify City no later than three (3) calendar days after the event, Contractor shall submit a written report to City containing the following information, as applicable:
1) name and address of injured or deceased person(s); 2) name and address of Contractor Services Agreement
Rev. 08/23

Page 6 ends

witnesses; 3) name and address of Contractor's insurance company; and 4) a detailed description of the damage and whether any City property was involved.

SECTION 7. INDEMNIFICATION AND HOLD HARMLESS
A. Contractor, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including, but not limited to, reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) of every type and description to which any or all of them may be subjected by reason of the performance of the services required under this Contract by Contractor its officers, employees or agents in the performance of professional services under this Contract, except when liability arises due to the sole negligence, active negligence or misconduct of the City.

If the Contractor fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Contractor accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Contractor herein.

C. The obligation to indemnify~ protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.

D. City shall have the right to approve or disapprove the legal counsel retained by Contractor pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section.

SECTION 8. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES A. This Contract shall be deemed to have been entered into in Anderson, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contractor Services Agreement
Rev. 08l23

Page 7 ends

Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.

B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Contractor. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the tenns or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Contractor to any additional payment whatsoever under the tenns of this Contract.

C. No covenant or condition to be performed by Contractor under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Contractor of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence.

D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereof. A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein.

F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, tenns, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.

G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law Contractor Services Agreement
Rev. 08123

Page 8 ends

or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.

H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevail. In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Contractor.

SECTION 9. SURVIVAL
The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract.

SECTION 10. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Contractor shall comply with all applicable laws, ordinances and codes of federal, state and local governments.

B. In the performance of this Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Contractor shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.

SECTION 11. REPRESENTATIVES
A. City's representative for this Contract is the Lt. Steve Blunk, telephone number (530) 378-6618, fax number (530) 378-6625. All of Contractor's questions pertaining to this Contract shall be referred to the above-named person, or to the representative's designee.

B. Contractor's representative for this Contract is Rob Lien, telephone number (530) 365-9323. All of City's questions pertaining to this Contract shall be referred to the above-named person.

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C. The representatives set forth herein shall have authority to give all notices required herein.

SECTION 12. NOTICES
A. All notices, requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender (may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class, postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows:

To City: Anderson Police Department
Attn: Lt. Steve Blunk
2220 North Street
Anderson, CA 96007
530-378-618
To Contractor:

Rob Lien
Premier Towing
6076 Hwy. 273
Anderson, CA 96007
(530) 365-9323
B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section.

C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.

SECTION 13. AUTHORITY TO CONTRACT
A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake all obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract.

B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Contractor or otherwise substantially change the scope of the services provided herein.

SECTION 14. DATE OF CONTRACT
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The date of this Contract shall be the date it is signed by City.

IN WITNESS WHEREOF, City and Contractor have executed this Contract on the days and year set forth below:

Dated: , 2023 -----
ATTEST:

By: CHRISTY WHITE, City Clerk
Dated: _____ ,2023
Contractor Services Agreement
Rev. 08/23

CITY OF ANDERSON,
A Municipal Corporation
By: JON POLETSKI
Interim City Manager
APPROVED AS TO FORM:

COLLIN BOGENER
City Attorney

CONTRACTOR

PREMIER TOWING
By: - -------------
Rob Lien, Owner
Tax ID No.: _________ _

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CITY OF ANDERSON

ROTATIONAL TOW SERVICES CONTRACT
THIS CONTRACT is made at Anderson, California, by and between the City of Anderson ("City"), a municipal corporation, and All Car and Truck Towing, Inc, ("Contractor") for the purpose of participating in the Anderson Police Department's rotational tow program.

WHEREAS, City desires to engage the services of All Car and Truck Towing, Inc, ("Contractor") vehicle towing company as an independent contractor for the purposes of participating in the rotational tow and secure storage needs of the Anderson Police Department ("APD") for third party vehicles designated for towing and impound; and WHEREAS, based on Contractor's qualifications and experience, it was determined by City that Contractor offers an optimal combination of qualities that provide the City with the best value for the services required.

NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows:

B. Contractor shall invoice City on a monthly basis for services provided under this Contract.

C. All correct, complete and undisputed invoices sent by Contractor to City shall be paid within thirty (30) calendar days of receipt.

SECTION 3. TERM AND TERMINATION
A. The initial term of this agreement shall be for three (3) years beginning on the last date signed below. The initial term shall be automatically renewed for three additional one-year terms at the end of the initial term, under the same terms and Contractor Services Agreement
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conditions unless either party gives 30 days written notice not to renew before the end of the term.

B. If Contractor fails to perform its duties to the satisfaction of City, or if Contractor fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract pursuant to the terms set forth in Exhibit A.

D. In the event that City terminates the Contract, City shall pay Contractor the reasonable value of services rendered by Contractor pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost profits which might have been made by Contractor had Contractor completed the services required by this Contract. Contractor shall, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial information as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Contractor.

B. Pursuant to the City's business license ordinance, Contractor shall obtain a City business license prior to commencing work.

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times during the term of this Contract any licenses, permits and approvals that are legally required for Contractor to practice its profession.

Any and all taxes imposed on Contractor's income, imposed or assessed by reason of this Contract or its performance, including but not limited to sales or use taxes, shall be paid by Contractor. Contractor shall be responsible for any taxes or penalties assessed by reason of any claims that Contractor is an employee of City.

Contractor shall not be eligible for coverage under City's workers' compensation insurance plan, benefits under the Public Employee Retirement System or be eligible for any other City benefit. The work being performed by Contractor is outside the usual course of the City's business and Contractor is customarily engaged in the trade, occupation and/or business of the type required in this Contract.

E. No provision of this Contract is intended to, or shall be for the benefit of, or construed to create rights in, or grant remedies to, any person or entity not a party hereto.

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audit purposes to state and federal authorities, or any authorized representative of City. Contractor shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City.

K. Contractor, including its employees, agents, and subcontractors, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Contractor shall comply with all requirements of the Political Reform Act (Government Code§ 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Contractor shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Contractor's economic interest, and 2) if required by the City Attorney, Contractor shall file financial disclosure forms with the City Clerk.

SECTION 6. INSURANCE
A. Unless modified in writing by City, Contractor shall maintain the following noted insurance during the duration of the Contract:

CoveraKe
Commercial General Liability
Comprehensive Vehicle Liability
Workers' Compensation and Employers' Liability
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Rev. 08/23
Reguired Not Reguired
X
X
X

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Professional Liability (Errors and Omissions) X
(Place an "x" in the appropriate box)
B. Coverage shall be at least as broad as:

1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage;

4. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured' s sole negligence" or any other verbiage limiting the insured 's insurance responsibility.

C. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

D. The General Liability shall contain or be endorsed to contain the following provisions:

The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents and volunteers.

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Rev. 08/23
Page S

E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A-VII.

F. Contractor shall designate the City as a Certificate Holder of the insurance.

H. If any policy of insurance required by this Section is a "claims made" policy, pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Contractor shall keep said insurance in effect for a period of eighteen ( 18) months after the termination of this Contract.

I. If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Contractor shall immediately Contractor Services Agreement
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notify City no later than three (3) calendar days after the event, Contractor shall submit a written report to City containing the following information, as applicable:
l) name and address of injured or deceased person(s); 2) name and address of witnesses; 3) name and address of Contractor's insurance company; and 4) a detailed description of the damage and whether any City property was involved.

B. The Contractor's obligation to defend, indemnify and hold harmless shall not be excused because of the Contractor's inability to evaluate liability. The Contractor shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Contractor fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by law, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Contractor accepts or rejects the tender of defense in writing delivered to the City, whichever occurs first. This subdivision shall not be construed to excuse the prompt and continued performance of the duties required of Contractor herein.

C. The obligation to indemnify, protect, defend, and hold hannless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor.

SECTION 8. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES Contractor Services Agreement
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A. This Contract shall be deemed to have been entered into in Anderson, California.

All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either party to this Contract, the prevailing party shall be entitled to its costs and reasonable attorneys' fees.

B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified except by a writing signed by City and Contractor. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Contractor to any additional payment whatsoever under the terms of this Contract.

F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility Contractor Services Agreement
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of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply.

G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived.

SECTION 9. SURVIVAL
The provisions set forth in Sections 3 through 7, inclusive, of this Contract shall survive termination of the Contract.

SECTION 10. COMPLIANCE WITH LAWS - NONDISCRIMINATION
A. Contractor shall comply with all applicable laws, ordinances and codes of federal, state and local governments.

Contractor shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry, national origin, religious creed, sex, sexual orientation, disability, age, marital status, political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training.

Page 9 ends

pertaining to this Contract shall be referred to the above-named person, or to the representative's designee.

B. Contractor's representative for this Contract is Sean Perry, telephone number (530) 515-3152. All of City's questions pertaining to this Contract shall be referred to the above-named person.

C. The representatives set forth herein shall have authority to give all notices required herein.

To City: Anderson Police Department
Attn: Lt. Steve Blunk
2220 North Street
Anderson, CA 96007
530-378-618
To Contractor:

Sean Peny, Managing Member
All Car and Truck Towing, LLC
7024 Hwy. 273
Anderson, CA 96007
B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section.

C. Notice shall be deemed effective upon: 1) personal service; 2) two calendar days after mailing or transmission by facsimile, whichever is earlier.

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SECTION 14. DATE OF CONTRACT
The date of this Contract shall be the date it is signed by City.

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IN WITNESS WHEREOF, City and Contractor have executed this Contract on the days and year set forth below:

Dated: , 2023 -----
ATTEST:

By: CHRISTY WHITE, City Clerk
Dated: _____ ,2022
Contractor Services Agreement
Rev. 08/23

CITY OF ANDERSON,
A Municipal Corporation
By: JON POLETSKI
Acting City Manager
APPROVED AS TO FORM:

COLLIN BOGENER
City Attorney

CONTRACTOR

ALL CAR AND TRUCK TOWING, LLC
By: ____________ _
Sean Perry, Member Manager
Tax ID No.: _________ _

Page 12 ends

TOW SERVICE

AGREEMENT
August 2023

TABLE OF CONTENTS

ELEMENT PAGE

1. TOW AREA .................................................................................................................................................................................. 1

2. ROTATION LISTS .................................................................................................................. 2

3. TOW OPERA TORS ............................................................................................................................................................................... 4

4. TOW OPERA TOR'S BUSINESS .....................................................................................•.... 7

5. FINANCIAL INTEREST .......................................................................................•...........•.... 9

6. RESPONSE TO CALLS ......................................................................................................... 9

7. STORAGE YARD ............................................................................................................................................... 12

8. TOW TRUCK DRIVERS •••••••••.••..•••••.•••.••.•.•••••••.•••••.•••••••••.•••.•••.•••••..••.•••....••.•••..••••..•.•..•••• 14

9. TOW TRUCK CLASSIFICATIONS ..••..••.•••••.•••.•.••..••••.•••...••..••••.••...••..••....••.•.•..••••...••..•••• 15

10. GENERAL EQUIPMENT SPECIFICATIONS ................................................................. 17

11. INSPECTIONS .•..•.•.•••.••••..••.•...•.•••.••....•••..•.•..••.•.•.••.••..••.•..••..••••.•••••.••..•...••....•..•.•..••••..•••..•••• 18

12. RATES .................................................................................................................................... 20

13. ANNUAL OPEN ENROLLMENT MEETINGS ................................................................ 26

14. DEMEANOR AND CONDUCT .•••.•••••.•••.••.•••••••••••••••••.•.•••••••••.•.••••••••.•••••.•••.••••••••••••••••••.••• 26

15. TOW COMPLAINTS •.••••...•.•...••..•...•.••..•..••...••••..•.••.•.......•.•..•••.•.•••••.•..••.•..••...•.•.••.•.••..•.•..••. 27

16. DISCIPLINARY ACTION ................................................................................................... 29

17. TERMS OF DISCIPLINARY ACTION .............................................................................. 30

18. HEARING/ APPEAL •..••.•.•.•.•••..•.•..••••..•.••..•••.....••..••.••........••...•••..••••.••..••..•.••..••.•.••.••••..••...••. 31

19. MIDTERM REVIEW .•.••.•.•.••••...•..••••..••.•...••...••••..••.••..•.••..••...•.•..••••.••..••...•••..••...••.••••..•••..••• 32

20. ADVERTISING .•.•..••..•.•..•.•.•.••..••..••....••..•..•••..••••..••••...••.•..•....•.••..•.•.••..••..•••.•.•••..•••••.•.•.•..•••• 32

21. OPERA TOR APPROV AL ..................................................................................................... 34 A TT A CHM ENT A ...............•...•...•..............•.•....•......................•..............................••.•.•.•.•.•.••....• 35 2022-2023 TSA

ANDERSON POLICE DEPARTMENT

TOW SERVICE AGREEMENT
This Tow Service Agreement (TSA) contains terms and conditions that a company agrees to comply with in order to receive and maintain a rotation tow listing with the Anderson Police Department (APD). Participation in the APD Rotation Tow Program is voluntary and is not intended to be a main source of income. An operator, by agreeing to participate in the program, does not establish a contractual relationship with the APD and is not acting as an agent for the APD when performing services under the TSA. Exceptions to compliance with the TSA shall not be authorized by verbal agreement. Any exceptions shall be documented as a written addendum by the Police Chief.

1. TOW AREA
A. The tow areas of responsibility shall apply to the Anderson city limits. Officers may request a rotational tow when conducting official police business outside the Anderson city limits, but shall take into account the location and factors that may impact a longer response time or inability for operator to respond.

B. An operator shall have a business office and storage yard located within 10 miles of the area they serve.

2. ROT A TION LISTS
A. A call to an operator shall constitute one tum on the list, and the operator shall be moved to the bottom of the list.
1) This includes when the operator fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time.

B. If it is determined the operator is not needed and is canceled by the APD, up to and including arrival on scene and standby time which does not result in a tow, there shall be no charges and the operator shall be placed back at the top of the list.

C. If the operator responds to a APD call and is canceled by the vehicle's registered owner or agent, prior to the operator taking possession of the vehicle, there shall be no charge and the operator shall be placed back at the top of the list. 1) Possession is deemed to arise when the vehicle is removed and is in transit, or when vehicle recovery operations or load salvage operations have begun (Section 3068.l[a] of the Civil Code [CC] and Section 22851[a][l] of the California Vehicle Code [CVC]).
3 of35 2022-2023 TSA
2) Whenever a vehicle owner returns to a vehicle that is in possession of a towing company prior to the removal of the vehicle, the owner may regain possession of the vehicle from the towing company if the owner pays the tow company the towing charges incurred at the time service is concluded (Section 22851 [a][2] CVC).

NOTE: Simply attaching a cable to or blocking a vehicle does not constitute recovery or load salvage operations.

D. Nothing in the TSA shall prohibit an APO Officer from requesting a specific tow company when, in their opinion, the necessary resources to clear a hazard are not available from the tow company currently at the top of the rotation tow list.
1)
2022-2023 TSA
In such an instance, the selected company would then go to the bottom of the list and those tow companies which were by-passed, would remain in the same list order.
4 of35
E. Nothing shall prohibit a Class B, C, or D operator from maintaining a position on a lighter class rotation list, provided the tow truck meets the equipment specifications for that class of operation.
1) Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class tow truck. 5 of35 2022-2023 TSA

3. TOW OPERA TORS
A. Operators applying for the rotation tow program shall have a minimum of three (3) verifiable years of for-hire towing experience, as an owner or principal, prior to the final filing date of an open enrollment period in order to qualify for a rotation tow listing.
1)
2022-2023 TSA
The three (3) verifiable years of for-hire experience shall be determined by theAPD.
6 of35
B. Operators and owners who do not meet the three (3) verifiable years of for-hire towing experience, may be considered if a full-time manager is employed who possesses three (3) verifiable years of for-hire tow experience, as an owner, principal, or full-time manager.
1) The three (3) verifiable years of for-hire experience, as an owner, principal, or full-time manager shall be determined by the APD.

C. Management experience shall be determined and qualified by the APD as follows:
1) The designation of"manager" implies general power and permits reasonable inferences that the employee so designated is vested with the general conduct and control of their employer's business. 2) An individual who has charge and control of a business and is vested with a certain amount of discretion and independent judgment.

D. If the manager ceases to be employed by the company, the TSA shall be immediately suspended until a new manager is approved by the APD.

E. New operators, managers, and tow truck drivers, involved with the APD Rotation Tow Program, shall be fingerprinted via Live Scan for the purpose of conducting criminal history inquiries.
1) New operators, managers, and tow truck drivers shall request approval from APD if the Live Scan is performed at a location other than the APO office. No Live Scans shall be performed prior to this action. 2) Any operator, manager, or tow truck driver who separates from the rotation tow program, in excess of one year, shall be fingerprinted for the purpose of conducting a criminal history regardless of prior criminal history clearances upon reapplication.
3) The APD will receive subsequent arrest/conviction notifications for all operators, managers, and tow truck drivers.
7 of35 2022-2023 TSA
4) An operator shall notify the APO of any arrest and/or conviction of a tow truck driver, manager, or the operator, prior to the beginning of the next work shift.
a) Failure to make notification should be cause for disciplinary action.
5) APO shall be notified immediately by an operator upon a manager's or tow truck driver's separation from the rotation tow program.

F. Operators shall have all tow truck drivers involved with APO rotation tow operations participate in a controlled substance and alcohol testing (CSA T) program.
l) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSA T program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382.
2) Drivers not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSA T program consistent with the requirements as outlined in Item G. l (above) which shall not be a self-administered program.
3) The operator shall ensure selection pools for commercial and noncommercial licensed drivers are maintained separately. 4) A driver possessing a noncommercial driver license who returns with a positive test result, which includes medicinal or recreational use of marijuana, shall meet the same reinstatement requirements as a driver required to possess a commercial driver license.
5) The operator shall provide a current list of all drivers and proof of enrollment in the CSA T program to the APO office during the open enrollment period.
6) Upon the addition of a new driver, an operator shall be granted a maximum of 30 days to enroll the driver in a CSAT (or consistent) program and provide proof to the APO office.

G. The operator shall provide a current list of all drivers and proof of enrollment in a CSA T and/or program consistent with the requirements as outlined in Item G .1 (above), to the APO office during the open enrollment period.

H. The operator, manager, and all tow truck drivers shall be enrolled in the Employer Pull Notice (EPN) program.
2022-2023 TSA 8 of35
1) The operator shall provide a current list of all managers and drivers, and a copy of the current EPN report, or in the case of a newly hired tow truck driver, proof of enrollment in the EPN program, to the APO office during open enrollment.
a) The operator's signed and dated EPN report shall be kept on file in the APD office.
2) Upon the addition of new managers or drivers, an operator shall be granted a maximum of 30 days to enroll drivers in the EPN.

I. The operator shall maintain a current list of drivers and provide a current list of drivers to APO every six (6) months.
1) When a driver is no longer employed by the operator, the operator shall immediately notify APO.

J. Operators shall have a Carrier Identification number and a valid Motor Carrier Property (MCP) permit. The MCP documentation shall be provided to the APD office during the open enrollment period.
1) The expiration of an operator's MCP and/or suspension of the MCP, pursuant to Section 34623 CVC, shall result in the immediate suspension of the tow operator, as well as additional disciplinary action which may be imposed by the APD Police Chief.

K. Operators shall have a sufficient number of drivers in order to comply with hoursof-service. All drivers shall comply with intrastate and/or interstate hours of service pursuant to Title 13, Sections 1212 and 1212.5 of the California Code of Regulations (CCR).
1) Operators shall ensure their drivers' record of duty status complies with Title 13, Section 1213 CCR.

4. TOW OPERATOR'S BUSINESS
A. An operator's place of business shall have a sign which clearly identifies it to the public as a tow service.
1) The sign shall have letters which are clearly visible to the public from the street and shall be visible at night.

B. Business hours shall be posted in plain view to the public. 9 of35 2022-2023 TSA
C. An operator's place of business shall have posted in plain view to the public the "Towing and Storage Fees and Access Notice" and copies of the notice readily available to the public pursuant to Section 2265 l.07(a)(l )(A) CVC. 1) The "Towing and Storage Fees and Access Notice" shall be a standardized document plainly printed in no less than I 0-point type and shall contain the required language pursuant to Section 22651 .07(e) eve.

D. An operator's place of business shall be sufficiently staffed to allow customers to talk face-to-face with a tow company's owner, manager, or employee during normal business hours.

I) Normal business hours shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following state recognized holidays: New Year's Day, Martin Luther King Day, President's Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, day after Thanksgiving Day, and Christmas Day.

NOTE: When the APD office is closed in observance of a holiday, the tow operator may also be closed.

E. An operator's place of business shall be open during normal business hours pursuant to Section 22651.07 ( d) CVC except for the recognized holidays outlined on 0.1. above.

F. The operator shall maintain records of all tow services furnished at the operator's primary business office. (Note: printable electronic records are acceptable.) l) Invoices shall contain the required itemized information pursuant to Section 22651.0?(e) CVC.
2) Itemized invoices shall contain a distinct notice upon the invoice stating "Upon request, you are entitled to receive a copy of the Towing and Storage Fees and Access Notice." This notice shall be contained within a bordered text box, printed in no less than 10-point type pursuant to Section 22651.07(a)(l)(B)(3) eve.

G. The operator's primary business office shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver's record of duty status (intrastate and/or interstate), Federal Communication Commission licensing (if applicable), and non-APO tows.

H. The APO may inspect all operator records relating to compliance with the TSA and Section 2424 CVC without notice during normal business hours. 2022-2023 TSA 10 of 35
I. Operators shall permit the APO to make copies of business records at their place of business, or to remove business records for the purpose of reproduction. 1) The APO shall provide a receipt for any record removed from the place of business.

J. An operator shall maintain business records for a period of two (2) years (effective July 1, 2012), plus the current term of this TSA, and shall make them available for inspection.
1) Failure of the operator to comply with the aforementioned inspection requirements shall be cause for disciplinary action.

S. FINANCIAL INTEREST
A. No operator or applicant shall be directly involved in the towing-related business of any other operator or applicant within the same rotation tow district.

B. No operator or applicant shall share equipment with any other operator involved with the APO rotation tow list.
1) Cross utilization within a the APO jurisdiction may only occur when justified and the operator maintains the required number of trucks to participate in the APD's Rotation Tow Program. Any violations shall result in disciplinary action.

C. The sale or transfer of the controlling interest in a company shall immediately terminate the TSA.
1) A new owner may apply for the rotation tow program at any time during the remainder of the current TSA term, regardless of the Area's open enrollment period.

6. RESPONSE TO CALLS
A. The operator shall respond to calls 24 hours a day, seven (7) days a week, within the maximum response time to be 20 minutes.

B. An operator or tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle, perform vehicle recovery (e.g., rollover, down embankment), provide service (e.g., fuel, flat tire change), and be in possession of the appropriate class of driver license, applicable endorsements, and permits.
l) Any applicable permits (e.g., load variance, oversize) shall be valid and maintained in the tow truck.
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C. The operator shall advise APD dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time. l) If, after accepting the call, the operator is unable to respond or will be delayed in responding, the operator shall immediately notify APO.

D. A failure or refusal to respond to towing or service calls, and/or repeated failures to meet maximum response time requirements, without justification, shall result in disciplinary action. (This includes refusing to respond for junk vehicle calls.

Justification for failure or refusal to respond to calls shall be determined by the APD.)
E. If service, other than towing, recovery, and load salvage, is canceled by the vehicle's registered owner or agent, no lien shall arise for the service unless the operator has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed pursuant to Section 3068(a) CC.
1) The operator shall not attempt to take possession of a vehicle in order to establish a lien for any non-towing services performed, or initiated and subsequently canceled.

F. Nothing shall prohibit a Class B, C, or D tow truck from maintaining a place on a lighter class rotation tow list, provided the tow truck meets the equipment specifications for that class of operation.
l) Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class tow truck.

G. One tow company per vehicle shall be dispatched to a multi-car incident unless APD has established local policy which allows an operator to dispatch more than one tow truck to a multiple vehicle crash scene in response to a rotation tow call.

H. If two or more operators are called to the same incident, distribution of the vehicles shall be at the discretion of APD.

I. When an operator will be temporarily unavailable to provide services due to a pre-planned or scheduled activity, the operator shall notify APD at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.
2022-2023 TSA 12 of 35
J. Only tow truck personnel and equipment requested shall respond to a APO call (e.g., tow truck driver bringing significant others, family members, friends, or pets, is not allowed).
1) Exceptions would be transporting required personnel to a major incident, or responding a tow truck driver trainee with an approved rotation tow truck driver.

K. An operator/tow truck driver shall not respond to a APO call assigned to another operator or reassign a call to another tow operator, unless requested to do so by APO.
1) Nothing would preclude the assigned operator/tow truck driver from responding to an incident to ascertain if additional assistance or equipment is required.

L. There shall be no additional charge for any personnel or equipment which is not necessary to perform the required service. Any additional personnel or equipment shall be approved by APO on scene.

M. There may be times when the operator/tow truck driver assigned the initial call, may require assistance from an additional operator/tow truck driver. l) The assigned operator/tow truck driver may, with concurrence of the scene manager, request a specific operator/tow truck driver for additional assistance.
2) The operator/tow truck driver's approved request shall be routed through APO on scene incident commander.

N. There may be times when an operator/tow truck driver, who was not called to the scene, comes upon a crash scene where a vehicle or vehicles are blocking a roadway and the on-scene officer requests assistance in clearing the roadway. 1) In such a case, the operator/tow truck driver may be requested by the officer to move the vehicle to a safe location and leave it. 2) There shall be no charge for this assistance, and the assistance provided shall not change the operator's place in the rotation.
a) Violations of Section 22513 CVC shall result in disciplinary action.
3) If the operator/tow truck driver is requested to provide service at the scene resulting in a tow, that company will be moved to the bottom of the list. 13 of 35 2022-2023 TSA

7. STORAGE YARD
A. The operator shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by APD. 1) At a minimum, a permanent securely fenced or an enclosed storage area of an adequate size shall be provided for the proper storage of vehicles.

B. The primary storage yard shall be at the same location as the business address. 1) Stored/impounded vehicles shall be at the primary storage yard. 2) This requirement may only be waived by a written addendum from APD with justification.

C. A secondary storage yard shall be located reasonably close to the main business office.
1) There shall be no charge to the vehicle's owner/agent for towing a vehicle from a secondary storage yard to the primary storage yard.

D. Tow operators shall maintain sufficient storage spaces. l) A secondary storage yard shall only be utilized if the primary storage yard is full and only with prior APO approval.
a) This requirement may be only waived by a written addendum from APO with justification.

E. A storage yard owned by an operator and shared with another operator shall only be approved if the operator/owner charges for the space exclusively on a flat monthly rate rather than a vehicle-by-vehicle basis, or combination thereof.

F. A storage yard shared by operators, or any other business establishment(s), regardless if owned by the operator or not, shall be physically separated and secured from each other, including business records related to the tow company.

G. Prior to the utilization of a new storage yard, the storage yard shall be inspected, and the operator shall obtain APD's approval.

H. An operator's employee shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property. 2022-2023 TSA 14 of 35
I. The operator or their employee shall release personal property from a vehicle which has been stored/impounded by APO at the request of the vehicle's registered owner or agent pursuant to Sections 22851 (b) and 22651.07 eve. 1) APO approval shall be obtained prior to the release of personal property from a vehicle that has been impounded for evidence or investigation. 2) A receipt shall be provided for the removed personal property, with a copy placed inside the stored/impounded vehicle.
a) This procedure shall also apply to the removal of property by the tow operator and/or their employee to a secured area within the business.

J. Personal property and/or the vehicle shall be released at the primary storage yard. 1) Personal property or a vehicle release from a secondary storage yard shall only be granted if it's acceptable to the vehicle's registered owner or agent.
a) Personal property is considered to be items which are not affixed to the vehicle. Personal property includes: papers, cellular phones, pull-out radios, clothes, luggage, tools, etc.

K. No fee shall be charged for the release of a vehicle or personal property during normal business hours pursuant to Sections 22851(b) and 22651.07(c)(l) eve.

I) The maximum charge for a non-business hours release shall be one-half the hourly tow rate charged for the vehicle towed, or less, for initially towing the vehicle pursuant to Section 22851 (b) CVC.
2) No lien shall attach to any personal property in or on the vehicle pursuant to Section 22851(b) CVC.
3) Loads for hire (i.e., cargo) are not considered personal property pursuant to Section 3051.5 CC.

L. The operator shall keep a written record of every vehicle stored/impounded for a period longer than 12 hours pursuant to Section I 0650(a) eve.

I) The record shall contain the name and address of the person storing or requesting the tow, the names of the owner and driver of the vehicle (if ascertainable), and a brief vehicle description (make, model, license plate number, and any vehicle damage) pursuant to Section 10650(b) eve. 15 of 35 2022-2023 TSA
M. The operator shall allow insurance companies to inspect vehicles at their storage yard at no charge and allow 45 consecutive minutes for inspection as necessary pursuant to Section 22651.07 (3)(8) CVC.

8. TOW TRUCK DRIVERS
A. The operator shall ensure tow truck drivers responding to calls initiated by APO are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program. 1) All drivers shall provide documentation that they have completed Traffic Incident Management training in accordance with the Federal Highway Administration.
2) Documentation of completion of an approved tow truck driver training program within the past five (5) years shall be submitted to the APO.

Certificates with a three-year expiration date will be accepted five (5) years from the date of issuance.
a) Tow truck driver training documentation shall be for the appropriate class of tow truck (e.g., a Class O driver shall have heavy duty tow truck driver's training documentation).

NOTE: A certificate for a higher level of training will be acceptable for all lower levels of tow trucks.
b) All operators, managers, and drivers shall be provided with written notification regarding the reason(s) for denial of an operator, manager, or driver's application.
1) If denial is based on fingerprint results, a copy of the results shall be provided to the denied applicant.
c) A failure to disclose any felony and/or misdemeanor convictions shall be cause for denial and is a misdemeanor pursuant to Sections 20 and 31 CVC.

B. Completion and/or documentation of a tow truck driver's training does not indicate a sufficient level of competence.
2022-2023 TSA 16 of 35
C. Tow truck drivers shall perform all towing and recovery operations in the safest and most expedient manner possible.

0. Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle.

E. Uniforms: APO rotation tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the company and the driver's name while engaged in APO rotation tow operations.

F. Personal Appearance: APO rotation tow truck drivers shall represent a professional image. An unacceptable representation would include: unbathed, excessively dirty/tom uniform, inappropriate visible body art, visible body piercing, etc.

G. Safety Garments: APO rotation tow truck drivers shall wear appropriate warning garments ( e.g., vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Code of Title 8, Section 1598 CCR.

9. TOW TRUCK CLASSIFICATIONS
A. An operator shall equip and maintain tow trucks covered under the TSA in accordance with the provisions set forth in the CVC, Title 13 of the CCR, the specifications contained in this TSA, and in a manner consistent with industry standards and practices.

B. All recovery vehicles (wreckers) shall have an extendable/retractable recovery boom meeting the specifications contained in this TSA.
1) Class O tow trucks used exclusively for salvage and recovery operations are not required to possess wheel lift capabilities.
2) An operator who has a car carrier is exempted from the recovery, wheel lift, and boom capability requirements. However, the car carrier must be an additional unit and shall not be used for recovery.
3) An auto-loader without an extendable/retractable boom is an additional unit and shall not be used for recovery.
17 of 35 2022-2023 TSA
a) For purposes of the TSA, recovery is defined as a vehicle which is overturned, down an embankment, or otherwise not upright on its wheels.

C. A violation of the gross vehicle weight rating (GVWR) and/or safe loading requirements of a tow truck should be cause for immediate suspension. This includes exceeding the tow truck's GVWR, front axle weight rating, rear axle weight rating, maximum tire weight ratings, or not maintaining 50 percent of the tow truck's unladen front axle weight on the front axle when towing.

There are four (4) classes oftow trucks covered under this TSA.

I ) Class A - Light Duty
a) An operator should maintain a minimum of one tow truck which has a manufacturer's GVWR of at least 14,000 pounds.
2) Class B - Medium Duty
a) An operator should maintain a minimum of one tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device, and be capable of providing and maintaining continuous air to the towed vehicle.
3) Class C - Heavy Duty
a) An operator should maintain at least one three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
4) Class D - Super Heavy Duty
a)
2022-2023 TSA
An operator should maintain at least one three-axle tow truck with a GVWR of at least 54,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
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1) If this class of tow truck is used exclusively for salvage and recovery operations, there is no requirement for providing and maintaining continuous air to the towed vehicle.

NOTE: For purposes of the TSA, a "low-boy trailer" is
considered special equipment.

10. GENERAL EQUIPMENT SPECIFICATIONS
A. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR and the classification system used by the American Trucking Association and truck manufacturers. Tow truck and car carrier classifications shall meet all applicable state and/or federal standards.

B. Identification Labels: Each piece oftowing equipment shall have a manufacturer's label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rated capacity.

C. Recovery Equipment Rating: The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode, when the boom is static at a 30-degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). l) The structural design of the recovery equipment must have a higher load capacity than the performance ratings.
2) Winches shall conform to, or exceed, the specifications set forth by the Recovery Equipment Rating, Society of Automotive Engineers (SAE) Handbook, SAE 1706.
3) All ratings for wire rope and chain assemblies are for the undamaged assembly condition. All wire rope and chain assemblies should be the same type, construction, and rating as specified by the original equipment manufacturer.

D. Control/Safety Labels: All controls shall be clearly marked to indicate proper operation, as well as any special warnings or cautions. 19 of 35 2022-2023 TSA

11. INSPECTIONS
A. APO shall provide one ( 1) annual inspection of all tow trucks utilized on APO rotation calls, at no charge to the operator, in order to qualify for participation in the term of the TSA.
1) APO may conduct additional inspections without notice during normal business hours.

B. The operator shall not dispatch any tow truck which has not been inspected and approved by APO.
1) APO shall inspect all newly acquired tow trucks within thirty (30) days of a request from an operator prior to use in the Rotation Tow Program.
e. The annual inspection shall consist of the following:
1) A Level One inspection conducted by a commercial enforcement officer or APO officer with the assistance of a motor carrier specialist or commercial vehicle inspection specialist.
2) A tow truck inspection conducted by a commercial enforcement officer or APO tow officer.
3) Tow trucks arriving for inspection shall be properly equipped, and ready for immediate response for service.
a) Operators or tow truck drivers found exchanging equipment with other tow truck drivers during inspections shall be subject to disciplinary actions.

0. If two (2) or more eve requirements receive a failing mark, the inspected truck has failed the initial annual inspection and shall count against the 50 percent failure rate.
1)
2022-2023 TSA
Other than the two (2) or more eve requirements, a tow truck may fail based on additional failed items within reason.
20 of35
E. If a tow operator passes the required annual tow truck inspection with more than 50 percent of their tow trucks, the operator's initial annual inspection requirement shall be deemed satisfied for the purposes of their application. Otherwise, the operator's application shall be denied, and the operator may reapply during the next open enrollment period.

I) The operator whose trucks have successfully passed the initial annual inspection, by more than 50 percent, but still have some tow trucks which failed, shall be allowed one re-inspection for those failed tow trucks.

F. The intent of the inspections is to ensure operators are involved in an ongoing safety maintenance program for their tow trucks. The annual inspection is not intended to find out what needs to be repaired/replaced on an operator's tow truck. A tow truck responding to a APD call shall be properly equipped and operating in a safe condition.

G. The operator shall be provided with written notification of the failure/denial of any tow truck or equipment and allowed a hearing upon request to APD pursuant to Section 2424(d) CVC and Section 18. Hearing/Appeal.

H. All of the equipment listed on in this TSA shall be accounted for during the annual inspection.

I. Tow trucks shall comply with California Air Resources Board requirements. Tow trucks not in compliance shall be cause for disciplinary action. Operators shall provide a current copy of their California Air Resources Board Certificate of Reported Compliance Truck and Bus Regulation during open enrollment.

J. Special Equipment
1) To properly and safely tow, service, or recover the wide variety of vehicles being operated on the highway, a towing procedure may require the use of special equipment specifically designed for the purpose. 2) Any special equipment which requires certification/inspection of the equipment and/or operator (e.g., cranes, forklifts), the applicable and 21 of 35 2022-2023 TSA

12. RATES
current certification/inspection document(s) shall be provided to APD office at the time of enrollment or as equipment is added by an operator.

A. The tow operator's prior year's approved towing and storage rates shall be the baseline for the operator's reasonable rates. Fees charged for calls originating from APO shall not be in excess of those rates charged for similar services provided in response to requests initiated by a public agency or private person and approved by APO.
1) Reasonableness shall be determined as compared to other similar service rates and with consideration of increased operating costs beyond the control of the operator (i.e., insurance rate increases without cause, property lease/tax increases, etc.)
B. Based upon the average of the proposed fees submitted, APD shall determine the reasonableness and validity of all submitted rates (i.e., storage, labor, special equipment, etc.).

C. An operator who submits a rate, which is determined by APO to be unreasonable and/or invalid, shall be allowed to re-submit rates only once. The operator may choose to appeal the denial prior to resubmitting the rates. l) If the re-submitted rate is unreasonable and/or invalid, the operator shall be disqualified from participating in that class for which the rate was unacceptable, or charge for services in which the rate was submitted, until the next open enrollment period.
2) An operator shall be provided with written notification regarding the disqualification within 30 days.

0. Rate requirements represent the maximum an operator may charge on a APD call per hour.
l) An operator is not precluded from charging less when deemed appropriate by the operator.
2) These requirements shall not be construed as requiring a charge if an operator would not normally charge for such service.

E. Any operator who charges rates above the submitted rates for an APO call shall be subject to disciplinary action.

F. In an effort to remain competitive in the open market, the operator may lower retail rates at any time by notifying the APO.
2022-2023 TSA 22 of 35
1) When an operator lowers the retail rate, that retail rate becomes the operator's new approved rate.

G. A valid bank credit card or cash payment shall be accepted for payment of towing and/or storage pursuant to Sections 22651.1 and 22651 .07(c)(5) eve.

H. The approved schedule of rates charged by the operator shall be available in the tow truck and shall be presented upon demand to the vehicle owner/agent for whom the tow service was provided or any APO officer at the scene.

I. There shall be no additional charge for moving (i.e., driving, towing, pushing, utilizing a forklift) a stored/impounded vehicle from inside an operator's storage yard to the front of the business establishment.

J. Operators may only raise rates during the enrollment period or upon approval after a midterm review has been initiated by APO.

K. Tow Rates
1) The rate for towing should be computed from portal to portal when a vehicle is towed to the operator's storage yard.
a) Portal to portal is defined as follows: Time shall start from either the point of dispatch or upon departure from the place of business, whichever is closer to the location of the call, and shall end at the estimated time of return to the place of business or completion of the call, if another call is pending, whichever is shorter.

1. The time expended for towing a vehicle back to the operator's storage yard should be charged at a rate not to exceed the hourly rate.
b) Time expended in excess of the hourly rate shall be calculated in no more than one-minute increments.
c) There shall be no additional charges for mileage, etc.

1. A clear, itemized, and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 2265 l .07(e)(7) eve.

2. The operator may submit two retail hourly tow rates to the Area: one rate for calls originating during normal business hours; and one rate for calls originating after business hours, not to exceed 10 percent of the daily rate.
23 of 35 2022-2023 TSA

3. The operator shall base charges on the class of vehicle being towed or serviced, regardless of the class of tow truck used.

When vehicle recovery operations require a larger class tow truck, the higher rate may be charged during the recovery process.

L. Service Calls
M.
1) The operator may charge up to a 30-minute minimum per call for any service which is performed when the vehicle operator or agent is present and the vehicle is not stored at the direction of an officer or returned to the operator's storage yard.
2) Rates for a service call (out-of-gas, lockouts, tire changes, etc.) should be from portal to end of service.
3) Charges, in excess of a 3 0-minute service call, may be charged in no more than one-minute increments.
a) A clear, itemized, and detailed explanation of any additional service that caused the time to exceed one hour shall be documented on the invoice pursuant to Section 22651.07(e)(7) eve.
b) If the service cannot be performed safely at the vehicle's location, the vehicle may be moved to safe location to perform the service at the service call rate.
4) Fuel charges for gasoline dispensed on out-of-gas service calls shall be at the prevailing market rate.
a) In lieu of dispensing gasoline, the tow driver may transport the vehicle and its driver to a safe location or gas station at the service call rate.

Fees for Special Operations
1) Fees shall be reasonable and consistent with industry standards for similar operations.
2) Operators involved in the two (2) tow truck Salvage and Recovery List may charge a minimum two-hour rate.
a) Time expended in excess of the two-hour minimum shall be at the hourly rate in no more than one-minute increments.
2022-2023 TSA 24 of35
b) If a second hour is charged, the second hour shall meet the invoicing requirements pursuant to Section 2265 l .07(e) (7) CVC. c) If it is determined that only one truck is required, the second truck may claim portal to portal and time expended on scene until determination was made that it was not required.
3) Hourly rates shall be established for the following:
a) Auxiliary and contracted equipment (e.g., airbags, converter gear/dolly, additional trailers, forklift, front loaders, low-boy trailers, rotators).
4) If an operator performs a service for which a required rate was not submitted and approved by APO, the operator shall only be entitled to charge for the actual cost of that service plus a markup rate not to exceed ten ( 10) percent.

N. Storage Fees
l) A vehicle stored/impounded 24 hours or less shall be charged no more than one-day storage pursuant to Section 3068. l(a) CC. a) If the vehicle is released from storage after 24 hours has lapsed, charges may be allowed on a full, calendar-day basis for each day of storage, or part thereof pursuant to Section 3068.1 (a) CC. l) Storage of vehicles in combination should be charged a per vehicle rate except for dollies, con-gear, vehicle on a car carrier/trailer, etc.
a. Dollies and con-gear, not in combination, may be
charged a storage rate not to exceed Class A storage
fees.
2) Inside storage fees shall only be charged when inside storage is requested by APO, registered owner, legal
owner, insurance company, or when the inside storage can be justified by the tow operator.
3) The operator shall display in plain view at all cashier's stations, a sign as described in Section 3070(d)(2)(E) CC, 25 of 35 2022-2023 TSA

0. Lien Fees
2022-2023 TSA
disclosing all storage fees and charges in force, including the maximum storage rate.
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I) If a vehicle has been determined to have a value exceeding four thousand dollars ($4,000), pursuant to Section 22670 CVC, the lien shall be satisfied pursuant to Section 3071 CC (Section 3074 CC). 2) The lienholder may charge a fee for lien sale preparations not to exceed seventy dollars ($70), for a vehicle valued at four thousand dollars ($4,000) or less, and not to exceed one hundred dollars ($100) for a vehicle valued at greater than four thousand dollars ($4,000) (Section 3074 CC).
a) These charges may commence when the lienholder requests the names and addresses of all persons who have an interest in the vehicle from the Department of Motor Vehicles (Section 3074 CC).
b) Not more than 50 percent of the allowable fee may be charged until the lien sale notifications are mailed to all interested parties and the lienholder or registration service agent has possession of the required lien processing documents (Section 3074 CC). c) This charge shall not be made in the case of any vehicle redeemed prior to 72 hours from the initial storage (Section 3074 CC). 27 of35 2022-2023 TSA

13. ANNUAL OPEN ENROLLMENT MEETINGS
A. APD shall conduct one ( 1) annual open enrollment meeting to discuss the forthcoming TSA term and issues concerning the rotation tow program. 1) APD shall provide a 30-day written notice of the meeting to operators currently approved for the rotation tow program and to those new operators expressing interest.
a) The written notice shall be sent via certified mail, hand delivered, or electronically delivered with confirmation within 24 hours, or next business day.
2) If an operator or operator's designee fails to attend the annual open enrollment meeting, the operator's application for the forthcoming TSA term shall be denied.
a) The operator shall be provided with written notification of the denial and may reapply during the next open enrollment.

B. Any subsequent meetings, outside of the open enrollment meeting, shall be mandatory for the operator or operator's designee.
1) The APO shall give a 30-day written notice, if practical, of the meeting. 2) Failure to attend a meeting shall result in disciplinary action.

14. DEMEANOR AND CONDUCT
A. While involved in APD rotation tow operations or related business, the tow operator and/or employee(s) shall refrain from any acts of misconduct including, but not limited to, any of the following:
1)
2)
3)
4)
5)
2022-2023 TSA
Rude or discourteous behavior.

Lack of service, selective service, or refusal to provide service which the operator is capable of performing.

Any act of sexual harassment or sexual impropriety.

Unsafe driving practices.

Exhibiting any objective symptoms of alcohol or drug use. 28 of35
a) The operator/tow truck driver shall submit to a preliminary alcohol screening test upon demand of the APD if an odor of an alcoholic beverage is detected upon the person.
6) Any acts of discrimination based on a protected group.

15. TOW COMPLAINTS
A. All APO related tow service complaints received or initiated by the APO against a tow operator or tow operator's employee shall be accepted and investigated in a fair and impartial manner.
1) The tow operator and their employees shall cooperate with APD investigators during the course of an investigation.

B. Should the filing of criminal charges be a possibility, APO shall conduct the investigation to conclusion or assist the lead investigating agency and request prosecution, if warranted.

C. Complaints for violations of the law not normally investigated by APD shall be referred to the agency with investigation jurisdiction.

D. Completed complaint investigations shall be forwarded to the appropriate APD Division for review and approval.

E. The operator shall be notified in writing of the findings within 30 days of the conclusion of any investigation.

16. DISCIPLINARY ACTION
A. APD shall take disciplinary action against an operator for violations investigated and sustained. Furthermore, the operator agrees that failure by the operator, or their agent, to comply with these terms and conditions shall be cause for disciplinary action (i.e., written reprimand, suspension, denial of an application, or termination from the APD Rotation Tow Program - Section 2424[d] CVC).
1) The Area commander shall retain discretion regarding the length of any suspension imposed pursuant to the terms and conditions of this TSA.

B. Nothing shall preclude the APD from taking the appropriate enforcement or administrative action for any violations of law.

C. Nothing herein shall be deemed to prohibit the APD from immediately suspending, terminating, or denying an application of any operator or employee for any of the following:
29 of35 2022-2023 TSA
1) Whose conduct, in the opinion of the Area commander, is deemed to be a danger to the motoring public (e.g., registered sex offender, acts of violence, fraud).
2) A violation of equipment requirements, related to safety. 3) Who has engaged in conduct constituting a flagrant violation of the TSA.

D. Records of violations shall be retained by the APO for 36 months, plus the current TSA term.

17. TERMS OF DISCIPLINARY ACTION
A. Violations of the terms and conditions of the TSA may be cause for disciplinary action in the following manner:
1) First violation within a 12-month period - letter of written reprimand. 2) Second violation within a 12-month period - one to 30-day suspension. 3) Third violation within a 12-month period - 60 to 90-day suspension. 4) Fourth violation within a 12-month period - termination of the TSA.

NOTE: Nothing may preclude APO from imposing a suspension for a first violation pursuant to Section 17, Disciplinary Action, Item C.

B. Violations of the terms and conditions of the TSA which warrant suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination. l) In lieu of termination, APD may impose additional suspensions for longer periods, if deemed appropriate.
2) When considering disciplinary action for a major violation of the TSA, APO should take into consideration all violations which have occurred within 36 months prior to the date of the current violation.

C. A suspended or terminated operator, and/or the tow business owner at the time of the suspension or termination, shall not be eligible for a rotation listing for the duration of the suspension or termination.
2022-2023 TSA 30 of35
I) This provision applies to the operator working in any capacity within any tow business or operating any tow business, even if operated under new ownership.

D. If the operator is serving a suspension, the operator shall be required to have complied with all terms and conditions of the current TSA at the time of reinstatement.

E. An operator shall comply with all the terms of the suspension (i.e., restitution to victims, court orders) prior to reinstatement or reapplication.

18. HEARING/APPEAL
A. A hearing shall be granted, upon an operator's request, within ten (10) calendar days, for any of the following circumstances:

I) Operator is served with disciplinary action.
2) Denial of an operator's rotation tow application.

B. APO shall provide written notification to the operator requesting a hearing indicating acknowledgement of the hearing request and a hearing date assigned.

C. A hearing shall be held as soon as practicable.

D. The hearing shall be conducted by the APO Police Chief or designee, and the operator shall be entitled to present all relevant facts and circumstances in support of the operator's position.

I) The operator shall be entitled to present testimony of at least one qualified person (i.e., representation by counsel or attorney).

E. The operator shall be notified in writing of the APD's decision(s) within ten (10) business days of the date of completion of the hearing.

F. Disciplinary action shall not take effect until the hearing has occurred, with the exception of operators whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this TSA.

G. If an operator fails to request a hearing within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by APO shall be final and the disciplinary action shall take effect upon written notification to the operator by APO.

19. MIDTERM REVIEW
A. The purpose of this section is to provide a process for a midterm review of the 31 of 35 2022-2023 TSA
terms and conditions of the TSA in the event there is a legitimate and substantial change in conditions or law affecting the majority of the operators.

B. A midterm review, when granted by the Commissioner or designee, will not automatically authorize a change in the terms and conditions of the TSA. 1) If a midterm review is announced by the Commissioner or designee, it is the responsibility of the Department to conduct a review of the conditions which initially caused the request to be communicated and to determine if the change is justified.

20. ADVERTISING
A. The operator shall not display any sign or engage in any advertisement indicating an official or unofficial connection with the APO or the Department of Motor Vehicles.
2022-2023 TSA 32 of35
33 of 35 2022-2023 TSA

21. OPERATORAPPROVAL
I certify that all drivers operating under this Tow Service Agreement (TSA) are qualified and competent. I further certify that I have read and understand this TSA and agree to abide by all the provisions. I further agree to indemnify, defend, and save harmless the state, its officers, agents, and employees from any and all claims and losses accruing or resulting to the operator in connection with the performance of the TSA, and from any and all claims and losses accruing or resulting to any person, firm, or corporation who may be injured or damaged by the operator in the performance of this TSA. The operator, and the agents and employees of the operator, in the performance of this TSA, shall act in an independent capacity and not as officers or employees or agents of the State of California. The terms of this TSA (2022-2023 TSA) will become effective:
and end ------------- -------------- Date Date
Operator Approval
Signature Printed Name
Company Title Date
Business Address Phone Number
2022-2023 TSA 34 of 35
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AGENDA ITEM
~eptember 5, 2023, City Council Meetin~
To:

Through:

Honorable Mayor and Members of the Anderson City Council Jon Poletski, Acting City Manager
From: Michael Hallagan, Police Lieutenant
Date: September 5, 2023
tsuBJECT
Award of California Department of Alcoholic Beverage Control Grant

I RECOMMENDATION
The Chief of Police recommends that the City Council:

Approve the acceptance of the California Department of Alcoholic Beverage Control (ABC) Alcohol Policing Partnership Grant in the amount of $47,000.00

I FISCAL IMPACT
By accepting this grant $47,000.00 in reimbursable funds would be available to offset costs associated with the enforcement of underage drinking laws, training for officers in alcohol related laws, and the presentation of ABC related rules and regulations and human trafficking awareness to ABC licensed establishments.

I DISCUSSION and BACKGROUND
In April 2023, the Anderson Police Department submitted an application to the California Department of Alcoholic Beverage Control (ABC) for the Alcohol Policing Partnership grant.

ITEM 8.8b PAGE1 9/5/2023
In August, the Anderson Police Department received notification from ABC that our agency had been granted $47,000.00 through the aforementioned program.

Before this, during the fiscal year spanning 2021 to 2022, the Anderson Police Department had previously secured a "mini-grant" from ABC. Over the course of that grant period, officers carried out various operations, including minor decoy operations, shoulder tap operations, and inspections of establishments licensed by ABC. Throughout this period, it was observed that roughly 20% of these licensed establishments were unable to prevent a minor decoy from purchasing alcohol. Similarly, during shoulder tap operations, approximately 41% of individuals approached by the minor decoy agreed to purchase alcohol, knowingly disregarding the minor's age. Additionally, during inspections of ABClicensed premises, it was found that 100% of the licensees were in violation of ABC regulations. However, by the conclusion of the grant period, all businesses had been guided to compliance through effective education and follow-up efforts by our officers.

The current grant will allocate reimbursable funds to the Anderson Police Department, enabling the continuation of minor decoy and shoulder tap operations. Moreover, this funding will support the ongoing inspections of ABC-licensed establishments to ensure adherence to ABC rules and regulations.

Beyond the areas previously covered by the mini-grant, the Anderson Police Department will be able to execute the following educational and enforcement initiatives: organizing training sessions on Alcohol and Drugs, as well as Human Trafficking Awareness for licensees, deliver briefings on alcohol-related laws to our patrol personnel, allocate overtime funds for officers during special events such as the Shasta District Fair and Mosquito Serenade, provide overtime funding for general enforcement operations relating to ABC-licensed premises, and acquire equipment and technology to enhance the enforcement of grant•related activities.

In summary, the acceptance of this grant will equip the Anderson Police Department with additional resources and funding to curb youth access to alcohol. Simultaneously, it will foster ongoing relationships and educational endeavors with our local businesses.

I ATTACHMENT

1. Resolution
ITEM 8.8b PAGE2 9/5/2023
ATTACHMENT 1
RESOLUTION NO. 23-_

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANDERSON

ACCEPTING THE AWARD OF THE CALIFORNIA DEPARTMENT OF ALCOHOLIC

BEVERAGE CONTROL GRANT
WHEREAS, The City of Anderson desires to undertake a certain project designated as Alcoholic Policing Partnership to be funded in part from funds made available through the Alcohol Policing Partnership (APP) Program administered by the Department of Alcoholic Beverage Control (hereafter referred to as ABC);
NOW, THEREFORE, BE IT RESOLVED that the Chief of Police of the City of Anderson is authorized to execute on behalf of the Anderson City Council the attached contract, including any extensions or amendments thereof and any subsequent contract with the State in relation thereto.

IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability.

BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplant expenditures controlled by this body.

IT IS ALSO AGREED that this award is not subject to local hiring freezes.

I hereby certify that the foregoing is a true copy of the resolution adopted by the City_Council of the City of Anderson in a meeting thereof held on September 5, 2023.by the following:

PASSED AND ADOPTED by the City Council of the City of Anderson this 5th day of September, 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Michael Gallagher, Mayor of the City of Anderson
ATTEST:

Christy White, City Clerk

AGENDA ITEM
!Septembe~r 5, 2023, City Council Meeting I
Adam Whelen, Public Works Director
To:

Through:

Honorable Mayor and Members of the Anderson City Council Jon Poletski, Acting City Manager
From: Adam Whelen, Public Works Director
Date: September 5, 2023
lsueJECT
Wastewater Clean Water State Revolving Fund Consolidation Planning Project

I RECOMMENDATION
The Public Works Director recommends that the City Council:

Adopt a resolution authorizing The City Manager to sign and file, for and on behalf of the City, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Anderson Park Village Consolidation Planning Project.
!FISCAL IMPACT
The application is two complete Financial Assistance Applications to the State Water Resources Control Board Division of Financial Assistance (DFA) to request Clean Water State Revolving Fund (CWSRF) project planning financing for a WWTP Improvement Project and a Collection System Improvement Project. For wastewater serving economically disadvantaged communities, the CWSRF functions like a grant that does not need to be paid back.

The application of the City qualifies for up to $45,000 per connection based on the current Intended Use Plan.

ITEM 8.9 PAGE1 9/5/2023
I DISCUSSION and BACKGROUND
The planning grants are anticipated to include, but not be limited to, planning, design, and construction funding application services for the WWTP and collection system. The collection system planning grant is also anticipated to include the completion of an update to the Sewer Master Plan.

While there are no guarantees due to the City's small, disadvantaged classification and the more lucrative funding availability, PACE believes the City has a good chance of receiving these planning grants. The current State funding availability is unprecedented, with the City qualifying up to $45,000 per connection based on the current Intended Use Plan.

I ATTACHMENT

1. Resolution - FSa
ITEM 8.9 PAGE2 9/5/2023

AUTHORIZING RESOLUTION/ORDINANCE
RESOLUTION NO: _23_-xx _______ _
WHEREAS The City of Anderson is applying for WVVTP Improvement Project and a Collection System Improvement Project Fund·ng (insert appropriate findings)
RESOLVED BY THE_c-"ity_c_ou_ne1_·1 _________________________ OF THE (insert name of Governing Board of the Entity)
_C...;;ity_o_f A_nd_e_rso_n __________________________ (the "Entity"), AS FOLLOWS:
(insert Entity name)
The City Manager (the "Authorized Representative") or designee is (insert Title of Authorized Representative)
hereby authorized and directed to sign and file, for and on behalf of the Entity, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board for the planning, design, and construction ofWVVTP lmp<0vement Project and a Collection System Improvement Project (the "Project"). (insert Project Name)
This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.

The Authorized Representative, or his/her designee, is designated to represent the Entity in carrying out the Entity's responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.

CERTIFICATION
I do hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the Anderson City Council held
(insert name of Governing Board of the Entity)
on September 5, 2023
(Date)
(Name. Signature, and Seal of the Clerk or Authorized Record Keeper of the Governing Board of the Entity) Form Rev. 9/2021

Anderson City CouncilSeptember 5, 2023

Anderson City Council
September 5, 2023