Agenda — City Council/Successor Agency/Public Finance Authority, January 12, 2023

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
JANUARY 12, 2023; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

Study Session: 4:15PM Review Mid Valley Draft Agreement; Discuss Legislative Priorities for 2023 LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2022-69
(SA) LAST RESOLUTION: 2022-02 PFA LAST RESOLUTION: 2022-02 AGENDA

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE:

2. ROLL CALL: Councilmembers: Louis Gravelle, Ricardo Verdugo, Pablo Hernandez, Mayor Pro Tem Alejandro Ramirez, Mayor Alvaro Preciado.

CITY CLERK: Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.

3. CLOSED SESSION: (City/Successor Agency):

It is the intent of this governing body to meet in closed session to review its position and to instruct its designated representatives: Any person may directly address the Council/Agency at this time on items of interest regarding Closed Session.

A. PENDING LITIGATION (Government Code § 54956.9).

It is the intention of this governing body to meet in closed-session concerning:

Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).

Initiation of litigation (Government Code § 54956.9(d)(4)).

Number of potential cases is: _1_.

B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

It is the intent of this governing body to meet in Closed Session to confer with its real property negotiator(s) concerning the purchase, sale, exchange, or lease of real property by or for this agency as follows:

Property Description: APN: 038-290-028-000
Negotiator(s): City Manager/City Attorney
Party with whom negotiating Avenal Sand Drags Association, Inc.

Instructions to negotiator concerning: Terms of Payment.

C. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

Property Description: APN: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager / City Attorney.

D. Conference with Labor Negotiator(s) (Government Code § 54957.6).

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives:

Designated representatives: -City Manager

4. PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Any person may directly address the Council/Agency at this time on any item on the agenda or on any other items of interest to the public that is within the subject matter authority of the City Council/Successor Agency. State Law prohibits any member of the Council/Agency from commenting or acting on matters not on the agenda. Three (3) minutes are allowed per person

5. CONSENT CALENDAR:

All items listed under the consent calendar are routine and enacted by one motion: (Action).

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for: December 8, 2022.

B. Ratify Resolution 2022-69, Accepting the Construction Bid and Awarding for the Active Transportation Project (ATP) Avenal Safe Routes to School State Route 269 Improvement Project.

January 12, 2023 Pg. 1
C. Ratify Execution of Agreements with Western Area Power Administration (WAPA) for service under the 2025 Power Marketing Plan: Full Load Service Contract 22-SNR-02757; & Scheduling Coordinator Contract 22-SNR-02758 (Resolution 2023-01).

6. MAYOR & COUNCIL MEMBER/ SUCCESSOR AGENCY/ ITEMS FOR CONSIDERATION:

A. Discussion of Mid Valley Draft Agreement: City Manager (Discussion/Action).

B. Discussion of legislative needs to local/state elected officials for 2023-2024: City Manager (Discussion/Action).

C. Updates Regarding City Warrants, and Financial Statements: City Manager (Informational).

D. Discussion on conferring Resolution of Commendation to William Vallem (Discussion/Action).

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Public Works/Code Enforcement/Animal Control Departments Activity Report: RobWilliams, Public Works Director.

2. IT Department Activity Report: Humberto Bermudez, IT Manager.

3. Activities Department Report: Anna Lara, Senior Recreation Leader.

B. Special Presentations/Reports:
1) California Department of Insurance: Richie M. Sayavong, Associate Governmental Program Analyst

8. PUBLIC HEARING(s):

A. Consider Annual Review of Development Impact Fees (DIF), DIF Capital Improvement Plan, and Review of Funds and Balances for FY 2021/22
• Staff Report
• Public Hearing
• Discussion/Action: Approval by Resolution - Resolution 2023-02

9. OLD BUSINESS:

A. Consider Extending Local Emergency Declared on March 24, 2020: (Discussion/Action).

B. Consider Extending Local Emergency Declared on May 27, 2021: (Discussion/Action).

C. Consider Creation of Finance Manager Position: City Manager, Resolution 2023-03 (Discussion/Action).

10. NEW BUSINESS:

A. Consider Creation of Building Inspector Position: City Manager Resolution 2023-04 (Discussion/Action):

B. Consider Bush Engineering’s request to Withdraw ATP Project Bid: City Manager, Resolution 2023-05 (Discussion/Action).

C. Consider acquisition of APN, 038-290-028-000: City Manager & City Attorney (Discussion/Action).

11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:
• Upcoming/Future Agenda Items to Consider.
• Correspondence/Announcements/Information/Closing Comments.

12. ADJOURNMENT:
1) In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. Notification 48 hours prior to the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.02.35.1044 AA Title II].
2) Materials related to an item on this Agenda submitted to the [Council/ Authority] after distribution of the agenda packet are available for public inspection in the [City Clerks] office at 919 Skyline Blvd., Avenal, CA 93204 during normal business hours.

I certify this Agenda of the City of Avenal City Council workshop is to be posted at the following locations: 1) City Council Chambers, Avenal Theater 233 E. Kings St.; 2) City Hall 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; and 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 on, January 9, 2022.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
January 12, 2023 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 12 DE ENERO DE 2023; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA A TRAVÉS DE VIDEO/CONFERENCIA WEB DE ZOOM :

Enlace web: bit.ly/AvenalCouncil o utilizar https://us02web.zoom.us/j/87243440488 O llamando al +1 669 900 6833 y use el ID de reunión 872 4344 0488 para unirse.

Sesión de estudio: 4:15PM Revise el borrador del acuerdo de Mid Valley; Discutir las prioridades legislativas para 2023
ÚLTIMA ORDENANZA: 2022-06. CIUDAD ÚLTIMA RESOLUCIÓN: 2022-69 (SA) ÚLTIMA RESOLUCIÓN: 202202 PFA ÚLTIMA RESOLUCIÓN: 202 202 AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO DE LEALTAD:

2. PASE LISTA: Concejales: Louis Gravelle, Ricardo Verdugo, Pablo Hernández, Alcalde interino Alejandro Ramírez, Alcalde Álvaro Preciado.

SECRETARIO MUNICIPAL: Sección 54952.3 del Código de Gobierno: Los miembros del Concejo Municipal / Agencia Sucesora tienen derecho a recibir un total de $ 300.00 por mes debido a haber sido elegidos para el Concejo Municipal. No reciben ninguna otra compensación por sentarse como miembros de la Agencia sucesora.

3. SESIÓN CERRADA: (Ciudad/ Agencia sucesora):

La intención de este órgano rector es reunirse a puerta cerrada para revisar su posición e instruir a sus representantes designados: Cualquier persona puede dirigirse directamente al Consejo/Agencia en este momento sobre temas de interés relacionados con la sesión privada.

A. LITIGIO PENDIENTE (Código de Gobierno § 54956.9).

Este órgano rector tiene la intención de reunirse a puerta cerrada en relación con:

Conferencia con asesor legal – LITIGIO ANTICIPADO (Código de Gobierno § 54956.9(d)).

Iniciación de litigios (Código de Gobierno § 54956.9(d)(4)).

El número de casos potenciales es: _1_.

B. Conferencia con Negociador(es) de Bienes Inmuebles (Código de Gobierno § 54956.8).

Es la intención de este órgano rector reunirse en sesión cerrada para consultar con su(s) negociador(es) de bienes inmuebles sobre la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera :

Descripción de la propiedad: APN: 038-290-028-000
Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad Parte con la que negocia Avenal Sand Drags Association, Inc.

Instrucciones al negociador sobre: Condiciones de pago.

C. Conferencia con Negociador(es) de Bienes Inmuebles (Código de Gobierno § 54956.8).

Descripción de la propiedad: APN: 040-320-009-000 ; & 040-320-014-000 Negociador(es): Administrador de la Ciudad / Abogado de la Ciudad.

D. Conferencia con Negociador(es) Laboral(es) (Código de Gobierno § 54957.6).

Es la intención de este órgano rector reunirse en sesión privada para revisar su posición e instruir a sus representantesdesignados a:

Representantes designados: -Administrador de la ciudad

4. COMENTARIOS PÚBLICOS / ANUNCIOS Y APARICIONES NO PROGRAMADAS:

Cualquier persona puede dirigirse directamente al Consejo / Agencia en este momento sobre cualquier tema de la agenda o sobre cualquier otro tema de interés para el público que esté dentro de la autoridad del Concejo Municipal / Agencia sucesora.

La ley estatal prohíbe a cualquier miembro del Consejo / Agencia comentar o actuar sobre asuntos que no están en la agenda. Se permiten tres (3) minutos por persona

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son rutinarios y promulgados por una moción: (Acción).

A. Considere la aprobación de las actas de la Ciudad de Avenal / Agencia sucesora para: 8 de diciembre de 2022.

B. Ratificar la Resolución 2022-69, aceptando la Licitación de Construcción y la Adjudicación del Proyecto de January 12, 2023 Pg. 3
Transporte Activo (ATP) Avenal Safe Routes to School State Route 269 Improvement Project.

C. Ratificar la Ejecución de Acuerdos con la Administración de Energía del Área Occidental (WAPA) para el servicio bajo el Plan de Comercialización de Energía 2025: Contrato de Servicio de Carga Completa 22-SNR02757; y Contrato de Coordinador de Programación 22-SNR-02758 (Resolución 2023-01 ).

6. ALCALDE Y CONCEJAL / AGENCIA SUCESORA / TEMAS A CONSIDERAR:

A. Discusión del borrador del acuerdo de Mid Valley: Administrador de la ciudad (discusión / acción).

B. Discusión de las necesidades legislativas a los funcionarios electos locales / estatales para 2023-2024:

Administrador de la ciudad (Discusión / Acción).

C. Actualizaciones sobre órdenes de la ciudad y estados financieros: Administrador de la ciudad (informativo).

D. Discusión sobre la concesión de la Resolución de Elogio a William Vallem (Discusión/Acción).

7. INFORMES DE ACTIVIDADES/PRESENTACIONES ESPECIALES E INFORMES DE COMITÉS:

A. Informes de actividad:

1. Informe de Actividades de los Departamentos de Obras Públicas/Aplicación de Códigos/Control de Animales: Rob Williams, Director de Obras Públicas.

2. Informe de Actividades del Departamento de TI: Humberto Bermúdez, Gerente de TI.

3. Informe del Departamento de Actividades: Anna Lara, Líder Senior de Recreación.

B. Presentaciones especiales/informes:
1) Departamento de Seguros de California: Richie M. Sayavong, Analista Asociado de Programas Gubernamentales

8. AUDIENCIA(s) PÚBLICA(s):

A. Considere la revisión anual de las tarifas de impacto en el desarrollo (DIF), el plan de mejora de capital del DIF y la revisión de fondos y saldos para el año fiscal 2021/22 • Informe del personal
• Audiencia pública
• Discusión/Acción: Aprobación por Resolución - Resolución 2023-02

9. NEGOCIO ANTIGUO:

A. Considere extender la emergencia local declarada el 24 de marzo de 2020: (Discusión / Acción).

B. Considere extender la emergencia local declarada el 27 de mayo de 2021: (Discusión / Acción).

C. Considere la creación de un puesto de Gerente de Finanzas: Administrador de la Ciudad, Resolución 202 3- 03 (Discusión/Acción).

10. NUEVOS NEGOCIOS:

A. Considere la creación de un puesto de inspector de edificios: Resolución del administrador de la ciudad 202 3-04 (Discusión / Acción):

B. Considere la solicitud de Bush Engineering para retirar la oferta del proyecto ATP: Administrador de la ciudad, Resolución 202 3- 05 (Discusión/Acción).

C. Considere la adquisición de APN, 038-290-028-000: Administrador de la ciudad y abogado de la ciudad (discusión / acción).

11. CORRESPONDENCIA/ANUNCIOS/ COMENTARIOS FINALES:
• Temas del programa próximos/futuros que han de examinarse. • Correspondencia/Anuncios/Información/ Comentarios finales.

12. APLAZAMIENTO:
1) En cumplimiento con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario de la Ciudad (559) 386-5766. Avenal Theater & Event Center, 233 East Kings Street Avenal, CA 93204. La notificación 48 horas antes de la reunión permitirá a la ciudad hacer arreglos razonables para garantizar la accesibilidad a esta reunión [28 CFR 35.02.35.1044 AA Título II]. 2) Los materiales relacionados con un tema de esta Agenda presentados al [Consejo/Autoridad] después de la distribución del paquete de agenda están disponibles para inspección pública en la oficina de [Secretarios de la Ciudad] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal .

Certifico que este taller de Agenda del Ayuntamiento de la Ciudad de Avenal se publicará en los siguientes lugares: 1) Cámaras del Concejo Municipal, Teatro Avenal 233 E.

Kings St.; 2) Ayuntamiento 919 Skyline Blvd.; 3) Avenal Lumber, 600 Skyline Blvd.; y 4) T&T Market, 801 Skyline Blvd. Avenal CA 93204 el, 9 de enero de 2022. __ /s/ María Ortiz
Maria Ortiz, Secretaria Municipal
January 12, 2023 Pg. 4
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
STUDY SESSION 1. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 12, 2023
RE: Discussion of Mid Valley Draft Agreement
INFORMATION:

As of 2022 with the adoption of SB 1383 (Organics) the City and Mid Valley are now required to review and update its waste hauler agreement to be in compliance with all the new regulations and laws that have been adopted since the original agreement was executed in 2012.

Staff would like direction from Council regarding additional services or ideas that Mid Valley can provide as part of the agreement so they may be structured into the agreement now.

Some ideas (in no particular order):
• Offer cleaning of front load commercial services at multi-family complexes (clean/wash dumpsters or replace them on a regular basis)
• Cleanup large objects near dumpsters and help in notifying Code Enforcement so appropriate customer may be cited (would likely require update to Zoning Ordinance) • Pickup of tumbleweeds or assist PW in doing so
• Work with City on offering pickups for senior citizens of trash on more regular basis • Offering portable toilets for City events and partners/non-profits • Street Sweeper, schedule and operating City equipment RECOMMENDATION:

Direct staff on service priorities that Mid Valley could offer Avenal in the new agreement.

January 12, 2023 Pg. 5

MUNICIPAL SOLID WASTE COLLECTION AGREEMENT

BETWEEN

CITY OF AVENAL, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC

TABLE OF CONTENTS
SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES ....................... 2 SECTION 2 - DEFINITIONS ...................................................................................................... 4 SECTION 3 - AWARD OF RESIDENTIAL AND COMMERCIAL SOLID WASTE AND RELATED SERVICES ................................................................................................................ 5 SECTION 4 – TERM AND TERMINATION ........................................................................... 6 SECTION 5 - SERVICE AREA .................................................................................................. 7 SECTION 6 - SERVICES PROVIDED BY CONTRACTOR ................................................. 7 SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE MATERIALS .............................................................................................................................. 10 SECTION 8 - WASTE DELIVERY DESIGNATION ............................................................ 11 SECTION 9 - INDEMNIFICATION AND INSURANCE AND PERFORMANCE BOND 11 SECTION 10 - FAILURE TO PERFORM AND REMEDIES .............................................. 14 SECTION 11 - TRANSFER ....................................................................................................... 20 SECTION 12 - REPORTS ......................................................................................................... 22 SECTION 13 - COMPENSATION ........................................................................................... 23 SECTION 14 - FORCE MAJEURE ......................................................................................... 27 SECTION 15 - OTHER PROVISIONS .................................................................................... 28 SECTION 16 - SEVERABILITY .............................................................................................. 30 SECTION 17 - ENTIRE AGREEMENT; AMENDMENT .................................................... 30 SECTION 18 - CONSTRUCTION OF AGREEMENT .......................................................... 31 EXHIBIT A - PROVIDED SERVICES .................................................................................... 33 EXHIBIT B - SB-1383 COMPLIANCE PROGRAMS ........................................................... 36 EXHIBIT C - DEFINITIONS .................................................................................................... 40 EXHIBIT D - FEE SCHEDULE ............................................................................................... 47 1 MUNICIPAL SOLID WASTE COLLECTIONAGREEMENT

BETWEEN THE

CITY OF AVENAL
AND

MID-VALLEY DISPOSAL, LLC

This Agreement ("Agreement") is entered into this first day of December 2022, by and between the City of Avenal (“City”) and Mid-Valley Disposal, LLC, a California Limited Liability Company (“Contractor”), for the collection, transportation and disposal of Solid Waste and for other services as further specified herein in EXHIBIT A.

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB-939”), (California Public Resources Code §§ 40000 et seq.), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction;
WHEREAS, the State of California found and declared that the amount of solid waste generated in California, coupled with diminishing disposal capacity and interest in minimizing potential environmental impacts from landfilling and the need to conserve natural resources, has created an urgent need for State and local agencies to enact and implement an aggressive integrated waste management program. Through enactment of AB 939 (1989) and subsequent related legislation including, but not limited to, the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), the Per Capital Disposal Measurement System Act (SB 1016, 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB-1826), and the Short-Lived Climate Pollutants Bill of 2016 (SB-1383), the State has directed its responsible State agency, and all local agencies, to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed;
WHEREAS, SB-1383 establishes regulatory requirements for jurisdictions, generators, haulers, solid waste facilities, and other entities to support achievement of State-wide organic waste disposal reduction targets;
2 WHEREAS, SB-1383 Regulations require the City to implement Collection programs, meet Processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and, the City of Avenal has chosen to delegate some of its responsibilities to Contractor, acting as the City’s designee, through this Agreement; WHEREAS, pursuant to California Public Resources Code § 40059(a)(2), the City Council has determined that that the public health, safety, and well-being require that an agreement for discarded materials management for single-family, multi-family, commercial customers be awarded to a qualified solid waste enterprise for the Collection and subsequent transfer, transportation, recycling, processing, and/or disposal of discarded materials;
WHEREAS, the Contractor desires to continue to engage in the business of solid waste collection and related services within the City, and has lawfully conducted such services in the City of Avenal for several years, and delivered a level of service to customers commensurate with the highest industry standards and, therefore, Contractor as of the date of this Agreement is well-qualified to continue providing solid waste collection and related services;
WHEREAS, the City wishes to utilize the Contractor’s service to offer solid waste collection and related services to single-family, multi-family, commercial, industrial and institutional waste generators within the City of Avenal, and the previous agreement and amendments between City and Contractor will, thereby be updated and superseded; WHEREAS, in consideration of a long term agreement, Contractor has agreed to waive and release the City from all prior claims related to the previous agreement; and WHEREAS, the Avenal City Council declares its intention of ensuring the delivery of adequate solid waste collection and related services while maintaining reasonable fees for the provision of such services within the City.

NOW, THEREFORE, in consideration of the promises above stated and the terms, conditions, covenants, and agreements contained herein, the Parties do hereby agree as follows:

NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES
A. Covenants, Representations and Warranties of Contractor 3 Contractor hereby makes each and all of the following covenants, representations and warranties for the benefit of the City as of the date of this Agreement. (1) Contractor is duly organized and validly existing as a limited liability company and is in good standing with, and under the laws of, the State of California. (2) Contractor has full legal right, power and authority to execute, deliver and perform this Agreement, and has duly authorized the execution and delivery of this Agreement.
(3) Each person signing this Agreement on behalf of Contractor has been and is authorized by Contractor to do so, and this Agreement has been duly executed and delivered by Contractor, and constitutes a legal, valid and binding obligation of Contractor, and is enforceable against Contractor in accordance with its terms. (4) To the best of Contractor's knowledge, there is no action, suit or proceeding before any court or governmental entity against Contractor, or affecting Contractor, wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Contractor.
(5) Contractor has sufficient financial resources to perform all aspects of its obligations hereunder. There has been no material adverse change in Contractor's or, if applicable, in Contractor's parent company's, financial circumstances since the date of the most recent financial statements or information, submitted to the City or reviewed by the City at the offices of Contractor.
(6) Contractor has the expertise, and professional and technical capability to perform all of its obligations under this Agreement and will maintain such expertise and capability at all times during Contractor’s performance of this Agreement. (7) Prior to providing any service authorized by this Agreement, Contractor will have provided to the City Manager the security instrument and certificates of insurance required by the Agreement.
(8) Prior to providing any service authorized by this Agreement, Contractor will have provided to the City Manager reasonably acceptable proof that the Contractor has obtained all necessary permits, authorizations and licenses which are required for furnishing such contracted services.

B. Covenants, Representations and Warranties of the City 4 The City hereby makes the following covenants, representations and warranties to and for the benefit of Contractor as of the date of this Agreement:
(1) The parties executing this Agreement on behalf of the City are duly authorized to do so. This Agreement constitutes the legal, valid and binding Agreement of the City and is enforceable against the City in accordance with its terms. (2) To the best of the City's knowledge without having conducted any research, there is no action, suit, or proceeding against the City before any court or governmental entity wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement.
(3) The City shall reasonably consistent with its governmental duties, cooperate with Contractor in preserving the confidentiality of Contractor’s proprietary information, including trade secret information, and preventing its disclosure. It will be the obligation of Contractor to in writing designate what information it deems to be a trade secret or otherwise in need of protection at the time such information is provided to City. No copies of such proprietary information shall be retained by City as disclosable public records under California law. Such information may include financial information that concerns activities or aspects of the Contractor’s business that are unrelated to any work performed for the City, and any other information from which the identity of any account, customer, vendor, buyer, supplier, end user, or other source or transferee of recyclable material may be reasonably ascertained, such as name, address, or other identifying information.

Contractor shall defend and indemnify City, elected officials, officers, employees, contractors, consultants, attorneys, agents and volunteers, including for City attorney fees, staff costs, awards and judgments, for any claims brought against City under State law for failure to produce any requested documentation related to Contractor and its business in possession of City.
(4) The City shall use its reasonably best efforts to update and amend applicable provisions of its Municipal Code to the extent the City determines such changes are necessary to conform to this Agreement and to meet its obligations hereunder.

SECTION 2 - DEFINITIONS
Whenever any term used in this Agreement has been defined by Government Code §§ 40100-40201 or in the Municipal Code, the definitions therein, as presently defined, and as they may be amended in the future, shall apply unless the term is defined otherwise in this Agreement. In the event of conflict between the definition found in said statutes, in the Municipal Code and this Agreement, the definition within this Agreement shall be controlling, and the definition within the Municipal Code shall take precedence over any 5 conflicting definition contained within the statutes. The definitions are set forth on the attached and incorporated EXHIBIT C.

SECTION 3 - AWARD OF RESIDENTIAL AND COMMERCIAL SOLID WASTE

AND RELATED SERVICES
A. Award of Contract
Pursuant to the provisions of the City Code and pursuant to AB-939, and subject to the terms and conditions of this Agreement (including all extensions or renewals), City hereby awards to Contractor the sole and exclusive right and privilege to provide each and all of the solid waste collection and related services described in EXHIBIT A (Scope of Services) to this Agreement to all single family units, multifamily units and commercial, industrial and institutional premises within the City, and to use the City streets and roads for such purpose. City shall actively enforce the exclusive rights of Contractor to provide services within Avenal. By this Agreement and subject to its terms, the City grants the broadest form of exclusive solid waste handling contract permissible under applicable laws and its general municipal police powers, including the specific authority given to local agencies by California Public Resources Code § 40059 to determine aspects of solid waste handling which are of local concern. The foregoing reference to Public Resources Code § 40059 includes the relevant appellate case law interpreting that statute.

B. Acceptance of Contract

Contractor agrees to be bound by and comply with all the requirements of this Agreement.

Contractor waives, terminates and hereby releases any right or claim to serve any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity.

C. Exceptions to Exclusivity
The foregoing excludes the following:
(1) Self-Haul. Any Solid Waste otherwise within the Scope of this Agreement which is removed and personally transported from any premises by the owner or occupant who generated the solid waste using his or her own equipment thereof for the purpose of lawfully delivering same to a Solid Waste Facility authorized to receive and handle solid waste. The use of a subcontractor by City is not “self-haul” within the meaning of this exception.
(2) Gardeners and Landscapers. The collection, transportation and disposal by a gardener or landscaper of green waste or yard trimmings which are generated as an 6 incidental part of providing gardening, landscaping or landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the green waste or yard trimmings, and utilizes only his or her own employees and equipment to collect, transport and dispose of same.
(3) Sale or Gift of Recyclable Materials. Source separated Recyclable Materials which are either donated or sold by the generator of the materials to a party other than Contractor. A mere discount or reduction in price of the Contractor’s charges for the handling of such materials is not a sale or donation within the meaning of this Agreement. For purposes of this Agreement, materials shall be deemed “solid waste” within the meaning of California Public Resources Code § 40191, and shall be regulated as such, whether or not they may be potentially recyclable, in either of the following instances: (a) when the material is mixed or commingled with other types of solid waste, or (b) where the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, storage, processing, handling, consulting, container rental or disposal services (“fee for service” recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.

State and other Public Agencies Not Within the City’s Regulatory Authority. See City of Santa Ana v. Board of Education (1976) 255 Cal. App. 2d 178.

SECTION 4 – TERM AND TERMINATION
The initial term of this Agreement shall commence at 12:00 a.m. on October ____, 2022 and expire at 12:00 a.m. on September 30, 2031. Thereafter, beginning on October 1, 2022, and on each July 1 anniversary date thereafter, the term of this Agreement will be extended automatically for one (1) additional year, so as to have a rolling term of ten (10) years.

Should either party desire that said automatic renewal and extension provision be terminated, such party shall give the other written notice of nonrenewal between January 1 and June 30 in any year, but not before the year 2023. Any such notice, properly given, shall serve to terminate the automatic one-year renewal and extension provision only, and this Agreement shall remain in effect for the balance of the term then outstanding. In the event that either party exercises its right to terminate the automatic renewal and extension provision under this paragraph, the parties may subsequently reinstate the automatic renewal and extension provision by mutual written agreement. Termination of this Agreement may also occur pursuant to the Section 10 “Failure to Perform and Remedies,” hereafter stated in this Agreement.
7 SECTION 5 - SERVICE AREA
The Service Area granted by this Agreement is the legally established geographic limits of the City, as the same now exist or may hereinafter be revised by annexation or otherwise.

Contractor shall perform Solid Waste Handling services pursuant to this Agreement only in such Service Area.

SECTION 6 - SERVICES PROVIDED BY CONTRACTOR

The following minimum operating requirements shall apply to Contractor, except to the extent any operating requirement is specifically eliminated or modified in EXHIBIT A:

A. Employees
(1) Each employee or other Person driving Contractor’s vehicle shall at all times have a valid California vehicle operator’s license appropriate for the vehicle being driven. (2) All Contractor employees shall wear clean clothing of a uniform type when engaged in collection operations under this Agreement.
(3) Each employee dealing with Customers, including without limit those engaged in collection or billing, shall identify themselves upon request of a Customer and at all times behave in a courteous manner.
(4) Noncompliance with the employee items above are a material breach and subject to the terms of Section 10, Failure to Perform and Remedies.

B. Hours of Collection
Contractor shall not collect Solid Waste within a residential area or within a commercial area which is contiguous to a residential area between the hours of 10:00 P.M. and 5:00 A.M. the next day.

C. Office for Inquiries and Complaints
City shall receive and log customer inquiries and complaints, and transmit any service requests or complaints to Contractor electronically or via other mutually agreed upon method. Contractor shall maintain an office at some fixed place and keep regular business hours and shall maintain a locally listed telephone number. Such listing shall be in the Contractor’s name or in the registered fictitious business name under which Contractor 8 provides Solid Waste Handling services to the Area. This Section shall not require the Contractor to maintain an office which is different than or separate from the office for inquiries and complaints maintained by Contractor.

D. Records and Reports
Contractor shall prepare, maintain and provide to the City such records and reports as required in this Agreement, as well as records related to services in this Agreement required under any other applicable law.

E. Requested Service
Contractor shall provide Solid Waste Handling services to all Customers within its approved Service Area who request such service, except when denial or discontinuance of service is specifically authorized by this Agreement. Such service shall commence within seven (7) working (waste collection) days after the Customer's request.

F. Collection Frequency
For health and safety purposes, minimum collection frequency for all Solid Waste Handling Customers shall be once per week, in accordance with § 17331 of Title 14, California Code of Regulations. Contractor shall correct any missed collection of a Customer's Solid Waste within two (2) working (waste collection) days of notice thereof, unless the next regular collection of such waste is scheduled to occur within three (3) working (waste collection) days of such notice.

G. Containers
In addition to any requirement Contractor is subject to under its Health and Safety Permit, each container shall be replaced into its proper place, in a neat and orderly manner; any litter spilled from a container by Contractor's employees while emptying a container must be immediately cleaned up by Contractor’s employees prior to leaving.

H. Noise
In addition to any requirement Contractor is subject to under applicable law, Contractor shall not create any noise in excess of what is reasonable and necessary in providing Solid Waste Handling services to its Customers. Further, Contractor shall actively evaluate and strive to implement noise reduction measures on an ongoing basis, consistent with common industry practice and standards applicable in similar circumstances.

I. Collection Equipment
9 Contractor shall provide an adequate number of vehicles and equipment to provide the Solid Waste Handling services required under this Agreement. No vehicle shall be used for the collection and transportation of Solid Waste prior to such initial and/or periodic inspection and approval by the Department of Public Health, Division of Environmental Health Services to the extent required under the Contractor's applicable Health and Safety Permit and/or related regulations.

All motor vehicles used by Contractor under this Agreement shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean and in good repair, and shall be uniformly painted. In addition, vehicles must be in compliance with the California Air Resources Board requirements and any other applicable State or federal laws and/or regulations pertaining to the operation of Solid Waste handling equipment.

J. Privacy
Contractor shall strictly observe and protect the rights of privacy of its Customers.

Information identifying individual Customers or the composition or contents of a Customer's waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless as part of a legitimate inquiry by a governmental unit, or as authorized by a court of law or by statute, or upon written authorization of the Customer who knowingly and voluntarily waive their reasonable expectation of privacy affirmed herein. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB-939, or the City, provided that no such analysis shall identify any person or connect any person to any particular waste. In addition, Contractor shall not market, sell, convey or donate to any Person any list with the name or address of Customers except that Contractor may provide such lists to authorized employees and authorized representatives of the City as necessary to comply with this Agreement. Contractor shall, at all times and consistent with prevailing industry standards, utilize encryption or other security measures reasonably calculated to protect Customer information from unauthorized disclosure.

K. Customer Complaints
Contractor shall respond to customer complaints whether received directly from customers, or by customer through City. Contractor must designate a government liaison Person responsible for working with the City to resolve Customer complaints. The name of the liaison Person and a 24-hour availability telephone number must be provided to the City Manager. Customer complaints must be resolved in accordance with Section 10(B) herein, “Resolution of Customer Complaints.”
L. Property Damage
10 (1) Any physical damage caused by the act or omissions of employees, officers, or agents of the Contractor to private or public property resulting from operations under this Agreement shall be promptly repaired or replaced by Contractor at Contractor's sole expense.
(2) With respect to driving surfaces, Contractor shall be responsible for damage (excluding normal wear and tear), whether or not paved, resulting from the weight of vehicles providing Solid Waste Handling services on public or private property when it can be demonstrated that such damage is the result of the vehicle exceeding speed limits or maximum weight limits set by the City or State of California, or by other negligent or reckless operation of vehicles by Contractor's employees.

M. Gratuities
Contractor shall not, nor shall it permit any of its officers, agents or employees, to request, solicit or demand, either directly or indirectly, any gratuity for services authorized or required under its Agreement.

N. Laws and Licenses
Contractor shall comply with all applicable federal, State, City and/or County laws, ordinances, rules and regulations, as may be amended from time to time, pertaining to the performance of the Solid Waste Handling services provided under this Agreement and shall obtain and maintain in full force and effect all licenses and permits necessary to perform such services throughout the term of this Agreement.

O. Services During Strikes, Lockouts or Other Labor Disturbances In the event of labor strikes, lockouts or other labor disturbances, Contractor and City agree to cooperate fully in developing and implementing contingency plans for the continued collection and handling of Solid Waste in order to safeguard public health and avert imminent and substantial threats to public health and safety. Without limitation, these cooperation efforts may include prioritizing the collection of Solid Waste from certain businesses in order to control the accumulation of Solid Waste that may lead to more immediate threats to public health such as putrescible waste, sewage sludge and manure or other animal waste.

SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE

MATERIALS
Except as otherwise provided by applicable laws, ownership of Solid Waste shall transfer to Contractor at such time as the Solid Waste is discarded by the Solid Waste Handling 11 service Customer, subject to the terms and conditions of this Agreement. City makes no claim of ownership to the discarded solid waste.

SECTION 8 - WASTE DELIVERY DESIGNATION
City reserves the right to designate the disposal facility or facilities to which Contractor shall deliver Solid Waste generated within City and collected by Contractor pursuant to this Agreement. This designation, when made, shall be subject to the following:
(1) Solid Waste that Contractor determines to be suitable for Processing or green composting may be delivered by Contractor to a Materials Recovery Facility or Designated Source Separated Organic Waste Facility selected by Contractor, if and only if the same does not increase costs to City customers to any degree, and only the Residual Solid Waste resulting from Processing will be subject to the waste delivery designation.
(2) If the City Manager or his/her designee in writing directs Contractor to deliver residual Solid Waste collected pursuant to this Agreement to a Solid Waste Facility which is different from the facility Contractor is then using for the disposal of such waste, or in amounts which are different than the amount that Contractor is currently delivering to that facility, and this direction results in increased operating costs to the Contractor, Contractor shall be entitled to a corresponding fee adjustment to fully compensate Contractor for the increased costs.

SECTION 9 - INDEMNIFICATION AND INSURANCE AND PERFORMANCE BOND
A. Indemnification of City
The Contractor agrees to indemnify, defend (with counsel chosen by City) and hold harmless the City and its authorized elected officials, officers, employees, contractors, consultants, attorneys, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of Contractor’s performance of services under this Agreement, except to the extent, if at all, that such liability arises as a result of City’s own gross negligence or willful misconduct.

Hazardous Waste Indemnification
Without limiting the generality of the foregoing, if Contractor is alleged to have, or determined to have, or not disputed allegations that it has negligently or willfully acted or failed to act with respect to the collection, handling or transportation of Hazardous Waste, 12 Contractor shall indemnify, defend with counsel chosen by City, protect and hold harmless the City and its respective elected officials, officers, employees, contractors, consultants, attorneys, agents, volunteers, assigns, and any successor or successors harmless from and against all claims, actual damages (including, but not limited to, special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its respective officers, employees, agents, or contractors arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste as to which Contractor has negligently or willfully acted or failed to act with respect to its collection, handling or transportation at any place where Contractor stores, handles, transports or disposes of Solid Waste pursuant to this Agreement. The foregoing indemnity does not extend to liability arising from de minimis amounts of household hazardous waste that Customers may place in solid waste receptacles, and excludes liability arising from City’s decision to exercise its waste delivery designation rights under Section 8 of this Agreement. The foregoing indemnity is intended to operate and shall operate as an agreement pursuant to § 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. § 9607(e) and California Health and Safety Code § 25364, to ensure, protect, indemnify, and hold the City harmless from liability. This Section 9B shall survive the termination, lapse or any change in the relationship of the Parties hereto.

B. Insurance Requirements
Insurance Requirements
(1) Commercial General Liability
i. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
13 ii. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.
iii. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City. (2) Business Automobile Liability
i. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than five million dollars ($5,000,000) per accident. (3) Workers’ Compensation and Employers’ Liability
i. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000).

Contractor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
(4) All Coverages
i. Each insurance policy required by the Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.

The Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher. 14 v. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Contractor.

C. Performance Bonds or Other Security
Contractor shall furnish to the City without additional charge a corporate surety bond, a letter of credit or other security device acceptable to the City in City’s sole discretion, as security for performance under this Agreement (collectively "Security"). The amount of the Security shall be the lesser of six month's expected Gross Receipts, or Five Hundred Thousand Dollars ($500,000.00). Adequate proof of the existence of the Security shall be provided (e.g., a certificate from the surety showing that the bond premiums have been paid in full shall accompany the bond and each renewal thereof). The surety on the bond, the bank on which the letter of credit is drawn and the surety for any other Security device shall be a company acceptable to the City and shall be authorized to do business in the State of California.

D. Modification
The requirements of this Section 9 may be modified or waived in writing by the governing body of the City upon the request of Contractor, provided the City reasonably determines such modification or waiver is in the best interest of City and of the public welfare, considering all relevant factors, including acceptable financial guarantees provided by Contractor or by a parent company of Contractor.

SECTION 10 - FAILURE TO PERFORM AND REMEDIES
The rights of the Contractor and City upon the failure of either to perform as required under this Agreement shall be as provided below:

A. Administration, Enforcement and Remedies
(1) If the City Manager determines at any time that the Contractor’s performance of the Solid Waste Handling services authorized/required in this Agreement, are not in conformity with the provisions of the Agreement, or applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, the City Manager will notify Contractor in writing of such deficiencies ("Notice of Deficiency"). 15 The Notice of Deficiency may provide a reasonable time within which correction of all noted deficiencies is to be made. Unless a shorter or longer period of time is specified in the notice of deficiency sent by the City Manager, a reasonable time for correction shall be thirty (30) consecutive calendar days from the receipt by the Contractor of such written notice. If the Contractor cannot reasonably correct or remedy a noted deficiency within the time specified in the Notice of Deficiency, but the Contractor immediately commences to correct or remedy such deficiency within the time set forth in the Notice of Deficiency and diligently pursues and successfully completes such correction or remedy without delay, thereafter Contractor shall not be deemed to have failed to correct or remedy the Notice of Deficiency. The Parties agree that while uncured defaults of material provisions of the Agreement which present an imminent and substantial threat to public health and safety should result in termination of the Agreement, minor defaults should be the subject of liquidated damages as set forth herein. For purposes of this section, assessment of liquid damages in total of more than $10,000.00 in any twelve (12) month period shall be deemed a material breach. The maximum level of liquidated damages shall be adjusted each year utilizing the same COLA adjustment process utilized to update the Contractor’s Fee Schedule.
(2) The City Manager shall review the Contractor’s response to the Notice of Deficiency. If the City Manager determines that the Contractor has not timely cured the deficiency, or if there is no cure period provided in the Notice of Deficiency given the nature of the deficiency, the City Manager shall either:
i. Refer the matter directly to the City Council for decision pursuant to subsection (4) of this Section 10–A; or
ii. Decide the matter and notify the Contractor of that decision, in writing.  The decision of the City Manager may be to terminate the Agreement or may be to impose some lesser sanction;
 The decision of the City Manager shall be final and binding on Contractor unless the Contractor files a "Notice of Appeal" with the City Manager within fifteen (15) calendar days after receipt of the City Manager’s decision. The Notice of Appeal shall be in writing, shall contain a detailed and precise statement of the basis for the appeal.  Within fourteen (14) working days of receipt of a Notice of Appeal, the City Manager shall refer the appeal to the City Council for proceedings in accordance with subsection (4) of this Section 10–A. (3) Should the City Manager refer the Notice of Deficiency to the City Council in the first instance, or if the matter reaches the City Council pursuant to a Notice of 16 Appeal, the City shall consider the matter and allow the Contractor an opportunity to present information to the Council for consideration. (4) Contractor’s performance under this Agreement is not excused during the period of time prior to the City Manager's or the City Council’s final determination, as the case may be, regarding the validity of, and appropriate response to, the deficiencies noted in the Notice of Deficiency.
(5) In the event Contractor: (i) has received a Notice of Deficiency and fails to perform Solid Waste Handling services; or (ii) has had this Agreement terminated; the City, reserves the right, in addition to all other rights available to the City, to take any one or combination of the following actions:
i. To rent or lease from Contractor, at its respective fair and reasonable rental value, all or any part of the Contractor's equipment (including collection containers utilized by Customers and office equipment and billing programs), utilized by Contractor in providing the Solid Waste Handling services required under this Agreement. The City may rent or lease such equipment for a period not to exceed six (6) months, for the purpose of performing the Solid Waste Handling services, or any part thereof, which Contractor is (or was), obligated to provide pursuant to this Agreement.

The City may use said rented equipment to directly perform such Solid Waste Handling service or to assign it to some other Contractor or Person to act on the City’s behalf. Contractor shall be held responsible for the costs to insure the City or its assignee from all liability resulting from the operation of Contractor’s equipment. In the case of equipment not owned by Contractor, Contractor shall assign to the City, to the extent Contractor is permitted to do so under the instruments pursuant to which Contractor possesses and uses such equipment, the right to possess and use the equipment.
ii. As used in this subsection, "reasonable rental value" means the rate for such equipment as listed in the State Division of Transportation publication, "Labor Surcharge and Equipment Rental Rates," in effect at the time the City leases the equipment. If a particular piece of equipment is not listed in said publication or if said publication is not current, the reasonable rental value may be established by the Manager by any equitable alternative method.
iii. If the City exercises its rights under this subsection, the City shall pay or owe Contractor the reasonable rental value of the equipment so taken for the period of the City’s possession thereof. The City may offset any 17 amounts due to Contractor pursuant to this provision against any amounts due the City from Contractor.
iv. All revenues owed by Customers which are attributable to services performed by or at the direction of the City during City's assumption of Contractor's Solid Waste Handling duties shall be billed by and paid to the City. To the extent Contractor receives such revenue after City's assumption of Contractor's Solid Waste Handling duties, Contractor shall pay such revenue to City promptly after receipt thereof (or promptly after City has performed the services related to such revenue, if the revenue was received by the Contractor prior to the City's assumption of duties) and Contractor shall be deemed to have assigned to City all of Contractor's right and interest to any such revenues.
(6) The City rights set forth in this Section 10–A are in addition to, and not in limitation of, any other powers or rights available to the City upon failure of Contractor to perform its obligations under this Agreement. Further, by entering into this Agreement Contractor acknowledges, admits and agrees, for use as evidence in any proceeding of any nature, and from time to time, that its material violation of any terms of this Agreement shall cause the City to suffer irreparable injury and damages sufficient to support injunctive relief to enforce the provisions of the Agreement, and to enjoin the breach thereof. Contractor hereby agrees that the City may deem the foregoing a stipulation, for any purpose or proceeding. (7) Events of Default:

Notwithstanding any other provision in this Agreement to the contrary, each of the following shall constitute an event of default ("Event of Default") hereunder:
i. Contractor fails to perform its obligations under this Agreement, or future amendment to this Agreement, and: (1) if the failure or refusal of Contractor to perform as required by Section 6(F) of this Agreement is not cured within seven (7) calendar days after receiving notice from the City specifying the breach; or (2) in the case of any other breach of the Agreement, the breach continues for more than thirty (30) calendar days after written notice from the City for the correction thereof, provided, however, that where such breach cannot be cured within such thirty (30) day period, Contractor shall not be in default of this Agreement if Contractor shall have commenced such action required to cure the particular breach within ten (10) calendar days after such notice, and Contractor continues such performance diligently and with continuity until completed.
ii. Contractor has made any representation or disclosure to the City in connection with or as an inducement to entering into this Agreement or any 18 future amendment to this Agreement which is false or misleading, in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement;
iii. There is a seizure or attachment (other than a pre-judgment attachment) of, or levy affecting possession on, the operating equipment of Contractor, including without limit its vehicles, maintenance or office facilities, or any part thereof, of such proportion as to substantially impair Contractor's ability to perform under this Agreement and which cannot be released, bonded, or otherwise lifted within forty-eight (48) hours, excluding weekends and holidays;
iv. Contractor files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debtor relief or other similar law now or hereafter in effect, or shall consent to the appointment of or taking of possession by a receiver, liquidator, assignee (other than as a part of a transfer of equipment no longer useful to Contractor or necessary for this Agreement), trustee (other than as security for an obligation under a deed of trust), custodian, sequestrator (or similar official) of the Contractor for any part of Contractor's operating assets or any substantial part of Contractor's property, or shall make any general assignment for the benefit of Contractor's creditors, or shall fail generally to pay Contractor's debts as they become due or shall take any action in furtherance of any of the foregoing;
v. A court having competent jurisdiction shall enter a decree or order for relief in respect of the Contractor, in any involuntary case brought under any bankruptcy, insolvency, debtor relief, or similar law now or hereafter in effect, or Contractor shall consent to or shall fail to oppose any such proceeding, or any such court shall enter a decree or order appointing a receiver, liquidator, I assignee, custodian, trustee, sequestrator (or similar official) of the Contractor or for any part of the Contractor's operating equipment or assets, or orders the winding up or liquidation of the affairs of Contractor; and
vi. Contractor fails to provide reasonable assurances of performance as required under Section 10(A)(8).

Upon a default by Contractor, the City shall have the right to summarily terminate this Agreement upon ten (10) days written notice.
(8) Right to Demand Assurances of Performance:
19 Notwithstanding any other provision in this Agreement to the contrary, if Contractor (1) is the subject of a civil or criminal judgment or order entered by a federal, state, regional or local agency for violation of an environmental law; (2) appears in the reasonable judgment of the City to be unable to regularly pay its bills as they become due; or (3) is the subject of any labor unrest including work stoppage or slowdown, sick-out, picketing or other concerted job action; and the City Manager believes in good faith that Contractor’s ability to perform under the Agreement has thereby been placed in substantial jeopardy, the City may, at its option and in addition to all other remedies it may have, demand from Contractor reasonable assurances of timely and proper performance of this Agreement, in such form and substance as the City Manager believes in good faith is reasonably necessary under the circumstances to evidence continued ability to perform under this Agreement. If Contractor fails or refuses to provide satisfactory assurances of timely and proper performance in the form and by the date required by City, such failure or refusal shall be an event of default for purposes of Section 10(A)(7).

B. Resolution of Customer Complaints
Procedures for resolution of complaints and other disputes shall be as follows:
(1) Contractor agrees to use its best efforts to resolve all complaints received by close of business of the second working (waste collection) day following the date on which such complaint is received. (See Office of Inquiries and Complaints section herein). Service complaints may be investigated by City Manager or the same’s designee, as necessary to resolve it. Contractor shall provide reasonable cooperation in the event of such investigation. Contractor shall maintain records listing the date of Customer complaint, the name, address and telephone number of Customer, the nature of the complaint or request, and the date when and nature of the action taken by the Contractor to resolve the complaint. All such records shall be maintained for at least three (3) years after Contractor's receipt of the complaint or inquiry and shall be available for inspection by City during all business hours. Service complaints shall be responsibility of Contractor whether received by City and forwarded to Contractor, or received directly by Contractor.
(2) If the Contractor fails to cure a complaint, the City Manager or designee shall review the complaint and determine if further action is warranted. The City Manager or designee may request written statements from the Contractor and Customer, or oral presentations or both written and oral presentations.
(3) The City Manager or designee shall determine if the Customer's complaint is justified, and if so, what remedy, if any, shall be applied. The remedy provided to the Customer under this Section shall be limited to a refund of Customer charges related to the period of violation of any of the terms of Division 6 of Title 4 of the 20 Code or of the breach of any term of this Agreement. In addition to any other remedy of City contained in this Agreement, City may impose upon Contractor liquidated damages of up to one hundred dollars ($100.00) payable to the City for any single event, or actual damages as demonstrated during the resolution procedure. The maximum level of such liquidated damages shall be adjusted each year utilizing the same COLA adjustment process utilized to update the Contractor’s Fee Schedule. (4) The City Manager may delegate the duties under this Section to a designee. The decision of the City Manager or a designee shall be final on any matter of five hundred dollars ($500.00) or less. In the event of a decision on a matter awarding more than five hundred dollars ($500.00), Contractor may seek review pursuant to the Notice of Appeal procedure contained in Section 10–A of this Agreement. The aforementioned sum shall be adjusted each year utilizing the same COLA adjustment process utilized to update the Contractor’s Fee Schedule.

SECTION 11 - TRANSFER
The rights of the Contractor in regard to the transferability of its interest in this Agreement shall be as set forth below:
(1) Neither this Agreement nor any right or privilege granted in this Agreement shall voluntarily or involuntarily be transferred, sold, hypothecated, sublet, assigned or leased, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein (all collectively referred to herein as "transfer" ), pass to or vest in any Person, except the Contractor, either by act of the Contractor or by operation of law, without the prior written consent of the City. Any attempt by Contractor, or by operation of law, to transfer this Agreement without the prior written consent of the City shall be void and deemed a material breach of this Agreement.
(2) This Agreement shall terminate upon any Change in Ownership of Contractor, unless such Change in Ownership has been consented to, in writing, by the City prior to the effective date of such Change in Ownership. (3) The City shall review a request by Contractor that the City approve a transfer of all or part of Contractor's interest in this Agreement, or that the City consent to a Change in Ownership of Contractor, using such criteria as it deems necessary including, but not limited to, those listed below. The City shall not unreasonably withhold its consent to the transfer of this Agreement or to any Change in Ownership of Contractor.
21 If the Contractor requests that the City consider and consent to a transfer or a Change in Ownership of Contractor, the Contractor or the proposed transferee, as applicable, shall at a minimum meet each and all of the following requirements:
i. The Contractor shall pay to the City a maximum of $50,000.00 for incurred attorney's fees and related administrative and investigation costs necessary to determine the suitability of any proposed transferee or proposed new owners, and to review and finalize any documentation required by City, in its sole and absolute discretion to determine what form of documentation will be used in terms of effecting a proper transfer, as a condition for approving any such transfer or Change in Ownership.
ii. The Contractor shall furnish the City with independently audited financial statements of the proposed transferee's operations for the immediately preceding three (3) operating years.
iii. The Contractor shall furnish the City with proof satisfactory to City, in its sole and absolute discretion:
 that the proposed transferee or the proposed management of the Contractor under the proposed new owner has at least three (3) years of solid waste management experience of a scale equal to or exceeding the scale of operations conducted by Contractor under this Agreement;
 that in the last five (5) years, the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Contractor under the proposed new owner) has not received any citations, Notice of Violations or other censure from any federal, state or local agency having jurisdiction over its waste management operations due to any failure to comply with state, federal or local waste management laws or permit requirements, where such failure either: (i) evidences a pattern of disregard for such state, federal or local waste management laws or any operating permit(s) requirements; or (ii) involves actions which endangered the public health, or the lives or property of any Person.

Contractor shall supply the City with a complete list of such citations, Notices of Violations and censures, if any;
 that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Contractor under the proposed new owner) has at all times 22 conducted its operations in an environmentally safe and conscientious fashion;
 that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Contractor under the proposed new owner) conducts its solid waste management operations in accordance with sound waste
management standards and practices and in full compliance with all federal, state and local laws and permits regulating the collection and disposal of waste;
 of the adequate financial strength of proposed transferee or of the Contractor under the proposed new ownership; and
 of the ability of the proposed transferee or of the Contractor under the proposed new ownership to obtain and maintain required insurance and bonds.

SECTION 12 - REPORTS
Contractor shall provide the City Manager with such reports and information and make its records available for review as provided below:

A. General
(1) Contractor shall keep and maintain, and furnish copies of such operating records and reports as may be requested by City to ascertain compliance with this Agreement, and support requests for any and each fee adjustment. City and Contractor agree that Contractor’s financial data and operational records shall remain confidential with respect to third parties, and shall be protected from disclosure to the extent they contain proprietary information, including trade secrets, whether or not designated as such by Contractor.
(2) All information required to be kept, maintained or furnished to the City shall be maintained a minimum of five (5) years after the entry of the most recent item therein;
B. Reporting Requirements
During the term of this Agreement, Contractor shall in writing submit to the City quarterly, and more often if required by law, information reasonably required by City to meet each and all of its reporting obligations imposed by CalRecycle, including under AB-939 and 23 AB-901, as amended, and implementing regulations, in a manner acceptable to City.

Contractor agrees to submit such reports and information as reasonably requested by the City. Contractor agrees to render all reasonable cooperation and assistance to the City in meeting the requirements of the City’s source reduction and recycling element and nondisposal facility element.

C. Annual and Quarterly Reports
(1) Contractor shall assist City in preparation of all Annual and Quarterly reporting required by CalRecycle, or successor agency, in accordance with this Agreement. (2) Quarterly reports shall be submitted no later than forty-five (45) days following the end of each calendar quarter. The quarterly reports must include each and all of the following:
i. Amount (in tons) and type of material collected.
ii. Amount and types of material deposited in the Solid Waste Facility. iii. Amount and types of material recycled, processed or diverted. iv. Customer complaint log for complaints received during the quarter. v. Summary assessment of services, and identification of impediments to meeting service requirements.
vi. An annual presentation will be made to the Avenal City Council upon an agreed date that is acceptable to both parties.
vii. Any other information reasonably necessary to satisfy each and all regulatory reporting requirements.

SECTION 13 - COMPENSATION
A. Compensation and Billing
Each party shall provide/maintain accurate and complete accounting and billing records. Either party may request and be entitled to review the other party’s accounting and billing records related to this Agreement. (1) Billing and Payment. All requests for service, or for changes in service, shall be processed by City and promptly reported to Contractor. City shall provide billing 24 services to all residential, commercial and industrial customers who receive service pursuant to this Agreement, except that Drop Box services will be billed and collected by Contractor.

On a monthly basis, City shall remit to Contractor the full amount of services provided based on the Contractor Fees Schedule set forth on EXHIBIT D. The monthly compensation payment to Contractor shall be paid by City within thirty (30) days after the end of the applicable billing cycle. Said fees paid to Contractor are exclusive of fees collected by City for invoicing costs, customer services provided by the City, contract management, enterprise fund management, Proposition 218 ratesetting costs and Contractor’s Fees under this Agreement. The parties acknowledge City’s right to add and retain such fees.

Each party’s accounting and billing shall be accurate and complete. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.

(2) Contractor’s Fee Schedule. Contractor shall provide solid waste handling services pursuant to this Agreement at the fees set forth in the attached EXHIBIT D, the contents of which are incorporated by this reference. The EXHIBIT D Fee Schedule will apply at the inception of this Agreement, and is subject to adjustment as set forth elsewhere herein.

The parties acknowledge their understanding that the EXHIBIT D Fee Schedule is not necessarily reflective of the total charges that City will actually bill to customers.

The City expressly reserves the right to charge customers whatever rates and fees it deems reasonable or appropriate, and the actual charges to a customer will include additional amounts, over and above the amount which will be paid to Contractor, to cover such administrative, finance, collection or other fees as the City determines proper. If no fee has been established for a particular Contractor service billed by City, Contractor and City shall mutually agree on an appropriate charge for that service or service level. If no Rate has been established for a service billed directly by Contractor, then Contractor shall determine with Customer the appropriate charge, subject to City approval. Contractor shall promptly notify City of any new Rates to be billed directly by Contractor.

The EXHIBIT D Fee Schedule is inclusive of all Solid Waste Handling services to be provided, including collection, transportation, processing, composting, disposal, and cart and bin costs, and costs associated with moving bins from standard enclosures such distance as is reasonably necessary to empty them (but not including costs associated with moving bins beyond such distance in unusual circumstances or due to special requests by customers). No other charges shall be imposed by Contractor for such services unless approved by City.
25 B. Adjustment to Fees
The following annual and special rate adjustments shall be made to the Fee Schedule provided for in this Agreement.
(1) Annual Cost of Living Adjustment (COLA)
Beginning July 1, following the Effective Date of this Agreement, and each July 1 thereafter, the Fee Schedule shall be adjusted by adding a COLA using the Consumer Price Index percentage change from the previous year, as published by the California Department of Industrial Relations (San Francisco-OaklandHayward), to the then current Fee Schedule. (2) Extraordinary Adjustment
The parties acknowledge that there may be infrequent extraordinary events which, although they do not prevent either party from performing, and thus do not implicate the Force Majeure provisions hereof, nevertheless increase the cost of providing service such that Contractor’s compensation and the Fee Schedule adjustment mechanism provided in this Agreement result in Contractor’s suffering losses which are substantially outside the commercially reasonable expectations of the parties.

The obligation of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in Fees. Accordingly, at its option, Contractor may apply to the City at any time, but not more frequently than once annually, for an extraordinary Fee Schedule adjustment should an event or circumstance arise (including a change in landfill tipping fee) that is not the result of a Change in Law or Change in Service Level which negatively impacts the economic operation of Contractor and which is in excess of the Fee Schedule adjustment resulting from the application of the annual COLA adjustment above. An interim adjustment in Fees will be deemed justified if it is necessary for the Contractor to make a substantial change in its operations, or substantial capital expenditure or investment in order to perform its obligations under this Agreement due to the occurrence of an event or circumstance other than a Change in Law or Change in Service Level which is beyond the reasonable control of Contractor. In the event of such an application for an extraordinary Fee increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable satisfaction of City the basis for the extraordinary increased cost.
(3) Change in Scope Level Adjustment
i. The Fee Schedule shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or 26 incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the level of the Solid Waste Handling services which may be required of, or agreed to by, Contractor. City shall provide Contractor at least ninety (90) days prior notice of any requested changes in scope of services under this Agreement. A Change in Scope Adjustment shall be effective on and after the actual date of the requirement to or agreement to change operations which results from the change in service, but, absent the consent of the Manager, not sooner than the effective date of the change in service. In no event shall any Change in Scope Adjustment be effective prior to the City's approval of an amendment to the Agreement. ii. In the event that the City Manager and the Contractor claiming to be affected by the change in scope cannot agree on either the existence, or the effect on demonstrable costs, of a change in service level, the dispute resolution provisions of Section 13–C (1) shall apply.
(4) Change in Law Adjustments
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the manner or nature of conducting Solid Waste Handling services necessitated by a Change in Law. A Change in Law Adjustment shall be effective on and after the actual date of the change in operations which resulted from the Change in Law, but, absent the consent of the Manager, not sooner than the effective date of the Change in Law. In no event shall any Change in Law Adjustment be effective prior to the City's approval of an amendment to the Agreement.
ii. In the event that the City Manager and the Contractor claiming to be affected by the Change in Law cannot agree on either the existence, or the effect on demonstrable costs, of a Change in Law, the dispute resolution provisions of Section 13–C (1) shall apply.

C. Dispute Resolution Regarding Adjustment to Fees
(1) Any dispute regarding any Change in Service Level Adjustment or Change in Law Adjustment provided for in Section 13 above, which cannot be resolved between the Contractor and City within thirty (30) days of the receipt by City of such documents as City may reasonably request, shall be submitted to a mutually agreed upon expert in the subject matter area of the dispute to resolve the dispute as to 27 either or both: (i) the existence of a needed Change in Service Level or a Change in Law; and/or (ii) the effect on the Contractor's demonstrable costs of a Change in Service Level or a Change in Law. The decision of the expert shall be binding on the Contractor and the City. The cost of the expert shall be borne equally by the Contractor and the City and the Parties shall pay the expert(s) each party’s respective share on demand by the expert(s). If the Contractor and City cannot mutually agree upon an expert, either may petition the Superior Court of the County of Kings to have an expert chosen by the court. The City and Contractor shall each have the right to suggest two experts to the court; the court shall choose one of the suggested experts.
(2) Any dispute regarding the current Fee schedule or Fee adjustments (except those disputes related to a Change in Service Level Adjustment or Change in Law Adjustment) shall be decided by the City Manager within ten (10) working days after receipt of a written statement from the Contractor of the nature and basis of the dispute with a request that it be resolved by the City Manager. Contractor shall have the right to appeal the Manager’s decision in writing to the City Council within thirty (30) days after the City Manager has given the Contractor written notice of the decision. Such appeal shall conform to the appeal provisions set forth in Section 10–A of this Agreement in respect to the form of the Notice of Appeal, the time limits for processing the appeal, and the amount of fees, if any, connected therewith.

The City Council or designee may consider the appeal.
(3) The most recent Fee Schedule approved by the City Manager in effect at the time a dispute is submitted to either the expert or City Manager, as the case may be, shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall be determined by the expert, the City Manager, the City or a hearing officer, as appropriate.

D. Discontinuance of Service
Contractor may discontinue service for non-payment of Customer’s billing (when directed by City for accounts billed by City, or in the event of non-payment by a Customer billed by Contractor), or Customer’s failure to substantially comply with the requirements of the applicable provisions of state or local law which govern use, storage and collection of Solid Waste in accordance with this Agreement.

SECTION 14 - FORCE MAJEURE
Contractor shall not be in default under this Agreement in the event that the services provided by the Contractor are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, acts of terrorism, civil disturbances, insurrection, 28 explosion, pandemics, quarantines, acts of God, acts of government or governmental restraint, and natural disasters such as floods, earthquakes, landslides, and fires, severe weather or other catastrophic events which are beyond the reasonable control of Contractor and which Contractor could not reasonably be expected to have prevented or controlled.

Catastrophic events do not include the financial inability of the Contractor to perform or failure of the Contractor to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Contractor.

SECTION 15 - OTHER PROVISIONS
A. Independent Contractor
Contractor is an independent contractor and not an officer, agent, servant, or employee of City. Contractor is solely responsible for the acts and omissions of its officers, agents, and employees, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Contractor. Neither Contractor nor its officers, agents, or employees shall obtain any rights to retirement or other benefits which accrue to City employees. Notwithstanding this independent contractor relationship, City shall have the right to monitor and evaluate the performance of Contractor to assure compliance with this Agreement.

B. Right to Pass
Contractor shall have the right to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing Solid Waste Handling services pursuant to this Agreement, so long as it is not in receipt of a written notice revoking permission to pass and so long as Contractor’s vehicles do not exceed posted weight restrictions. Contractor shall have no rights greater than those then held by City.

C. Compliance with Municipal Code
Contractor shall comply with provisions of the Municipal Code that are applicable to operations hereunder, and with any and all amendments, from time to time, to such provisions during the Term of this Agreement.

D. Notices
Any notice, information, request or reply ("Notice") required or permitted to be given under the provisions of this Agreement shall be in writing and shall be given or served personally, by mail, or by email. If given or served by mail, such Notice shall be deemed sufficiently given if: (1) (i) deposited in the United States mail, with postage prepaid and delivery confirmation service, or (ii) sent by overnight service provided proof of delivery service is available; and (2) addressed to (i) the Contractor at its most recent address of record with City or (ii) to the Manager at the then-current address of City, as the case may be. If given by email, such Notice shall be deemed sufficiently given if the receiving party confirms 29 receipt. The addresses of the parties at the time of signing this Agreement are:

CITY: With A Copy To:

City Manager

CITY OF AVENAL
919 Skyline Boulevard
Avenal, California 93204
Moses Diaz, City Attorney

PUBLIC INTEREST LAW FIRM
A Professional Corporation
2924 West Main Street
Visalia, California 93291
559-900-3500
559-900-3555 – Fax
CONTRACTOR:

Attn: Contract Administrator

MID-VALLEY DISPOSAL, LLC
15300 West Jensen Avenue
Kerman, California 93630
With A Copy To:
______________________
______________________
______________________

Either party may from time to time designate by Notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail, or if by facsimile transmission, upon receipt of confirmation of delivery which confirmation may be transmitted by the same means. Service by facsimile transmission shall not be effective unless the original of the document being served is deposited in the United States mail, postage prepaid, within twenty-four (24) hours after the facsimile transmission has been confirmed. Emails shall be deemed effective upon confirmation of receipt.

E. Exhibits Incorporated
EXHIBIT A through EXHIBIT D are attached hereto and incorporated within this Agreement by this reference as if fully set forth.

F. Laws and Licenses
City and Contractor shall, at their own separate costs, comply with all federal, State, and City laws, ordinances, rules, and regulations applicable to the performance of the services hereunder and Contractor shall obtain and maintain in full force and effect throughout the term of this Agreement all licenses and permits necessary to perform the services hereunder.

G. Governing Law
30 This Agreement shall be governed by the laws of the State of California, with venue in the Superior Court of the County of Kings or the Federal District Court with jurisdiction over City.

H. Waiver
No waiver by either party of any one or more defaults or breaches by the other party in the performance of this Agreement shall operate or be construed as a waiver of any already established or future defaults or breaches, whether of a like or different character or degree.

I. Counterpart Signatures
This Agreement may be executed in counterpart pages (counterparts), each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become fully executed when counterparts have been signed by each of the Parties and delivered to the other Parties; it being understood that all Parties need not sign the same signature pages of this Agreement. The exchange of copies of this Agreement and of signature pages by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted electronically shall be deemed to be their original signatures for all purposes.

SECTION 16 - SEVERABILITY
If any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. If the effect of nullification of any invalid, unenforceable or conflicting provision is such that a material benefit of the Agreement to either party is lost, the Agreement may be terminated at the option of the party whose material benefit(s) is adversely affected. In all other cases the remainder of the Agreement shall continue in full force and effect.

SECTION 17 - ENTIRE AGREEMENT; AMENDMENT
This Agreement and its incorporated EXHIBITS constitute the entire agreement between the parties concerning the subject matter hereof and supersede any and all other communications, representations, proposals, understandings or agreements, either written or oral, between the parties hereto with respect to such subject matter. This Agreement may not be modified or amended, in whole or in part, except by written agreement signed by both parties hereto. Notwithstanding the forgoing, the parties acknowledge the provisions of “Chapter 6.2, Solid Waste Management” any other relevant portions of the Municipal 31 Code as currently enacted are included herein and, further, that if and when such City Code provisions are amended, that the amended provisions shall apply to this Agreement, without any action being required of either party. The City Manager shall provide Notice to Contractor upon changes to the Municipal Code that require a change in this Agreement.

SECTION 18 - CONSTRUCTION OF AGREEMENT
The parties hereto have negotiated this Agreement at arm's length and with advice of their respective attorneys, and no provision contained herein shall be construed against either party solely because it prepared the actual physical Agreement executed by the parties.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below. WITNESS the execution of this Agreement on the day and year written above.

CONTRACTOR:

Corporations Code section 17703.01(d) requires that contracts with a limited liability corporation be signed by two managers, unless the contract is accompanied by a copy of the limited liability company’s articles of organization stating that it is managed by only one manager.

MID-VALLEY DISPOSAL, LLC
__________________________________
John Kalpakoff, Manager (date)
N/A, single manager LLC; articles
attached.
__________________________________
(date)
_____________________________,
Manager
CITY:
__________________________________
Alvaro Preciado, Mayor (date)
APPROVED AS TO FORM:
___________________________________
Moses Diaz, City Attorney or Deputy (date)
ATTEST:
32 __________________________________
________________ (date) __________________________________ Maria A. Ortiz, City Clerk (date)
33 EXHIBIT A - PROVIDED SERVICES
This EXHIBIT A sets forth the level of services to be provided by Contractor pursuant to this Agreement, and the manner of providing such services which are in addition to the manner of providing services specified in this Agreement.

Contractor shall provide the Solid Waste Handling services in conformity with all provisions of this Agreement, including:

A. Single Family Residential
(1) Weekly 3 Cart Service - Unless otherwise required under applicable law or regulation, once per week Contractor shall collect the Solid Waste (except bulky items and Hazardous Waste), which has been separated, placed, kept, or accumulated, in containers at residential units within the Service Area and placed at curbside prior to Contractor's normal weekly collection time. All Solid Waste must be placed within containers at curbside without obstructions so as to permit collection, unless otherwise agreed upon by City and Contractor. Contractor shall supply containers, and shall require the use of specific containers as specified in this EXHIBIT A. Contractor may provide special pickup procedures, above and beyond the services described above, with customers consistent with the Fees paid Contractor in EXHIBIT D. Contractor shall notify City immediately of any Changes in Service Level, and similarly, City shall notify Contractor of any Changes in Service Level.

B. Commercial, Industrial, and Multi-Residential
(1) Multi-Residential Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Contractor shall collect the Solid Waste (including bulky items which have been placed in a closed bin, and excepting metallic white goods and Hazardous Waste) which have been placed, kept or accumulated for collection in Solid Waste Bins at MultiResidential Units. (2) Commercial and Industrial Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Contractor shall collect the Solid Waste which have been placed, kept or accumulated for collection in Solid Waste Bins at commercial units.

C. Source Separated Materials – Contamination
Contractor shall conduct contamination monitoring as defined in EXHIBIT B of this Agreement.
34 D. Construction and Demolition Waste Temporary Drop Box Services Contractor shall provide construction and demolition debris removal, including temporary Drop Box services using Fees reflected in EXHIBIT D unless debris is generated by a declared emergency disaster such as floods, fires, earthquake or other such occurrence as deemed meeting the criteria of disaster debris. The City may provide for Rates and services solely for the timely and efficient removal of “disaster debris” with the Contractor or other qualified public or private entity.

E. Special Collection Programs
The following minimum special collection programs shall apply to this Agreement:
(1) City Facilities: Contractor shall provide front load commercial service to the City at no cost for the following City-owned facilities:
i. Corporation Yard – 12
+\Gril 5oaG
ii. Avenal City Hall –
1 SN\line %lvG
iii. Floyd Rice Park - 717 E. Monterey St
iv. 9eterans¶ 0emorial +all - 1 W .inJs St
v. ScoXt +oXse ± 7 E San -oaTXin St
vi. Avenal 7Keater & Event &enter ± 233 E .inJs St
vii. Avenal Police Department - 317 E Alpine St
viii.Water & Waste Water Plant
(2) Contractor shall participate in the annual community clean-up day by providing Curbside Pick Up for senior and disabled customers identified by the City.
(3) Illegal Dumping: At Cities direction, Contractor agrees to provide targeted clean up of illegal dumping up to ten (10) tons annually. (4) Christmas Trees: Contractor shall collect and dispose of Christmas trees left at curbside by Customers during the three regular pickups following each Christmas day.
(5) Senior and Handicapped Service: When a Customer produces evidence that he or she is at least 65 years of age or a medical practitioner’s statement showing that he/she is physically unable to place his/her solid waste bins at the curb for collection, together with his/her affidavit certifying that no ablebodied person under 65 years of age on the premises is available for such purposes, Contractor will provide walk-in service to such premises. (6) Provide free special event containers for City Sponsored Events such as Old Timers Day.
35 Need to Discuss
G. Emergency Disaster Debris Removal Services
(1) In the event of a declared emergency disaster such as a fire, flood, earthquake, or other such occurrence as deemed to satisfy the criteria of a disaster in which debris is created, the Contractor will be given the first right of refusal in its Service Area to offer temporary bin/roll off services using the Fee Schedule reflected in EXHIBIT D, to transport debris to a staging area or disposal facility designated by the City Manager.
(2) During any period of time that Contractor is unable to service its Service Area during such declared emergency, either for loss of transportation, lack of assistance or an overabundance of debris material or other similar circumstances, the City reserves the right to contract with third-party entities for temporary bin/roll off services, including transportation of debris to a Solid Waste Facility. Contractor shall notify City when it regains its ability to recommence service in its Service Area and City will, within a reasonable time period, terminate any contract with third-party entities for the same services.
(3) The City reserves the right to direct roll off bin service to areas that have been designated as critical due to the emergency conditions.

F. Street Sweeping Services
36 EXHIBIT B - SB-1383 COMPLIANCE PROGRAMS
To support the City in complying with regulations under SB-1383, Contractor shall implement the programs identified in this EXHIBIT B. These programs are designed to meet the implementation and education requirements of SB-1383, and its implementing regulations, and help the City achieve annual diversion requirements set by CalRecycle.

The City’s actual annual diversion rate depends on participation of businesses and residents, their respective adherence to program requirements and local code, the City’s enforcement of applicable codes, and the City’s implementation of other programs outside the scope of this Agreement. Accordingly, City shall amend or update the City code to incorporate requirements necessary for the implementation of these programs.

1. Collection Requirements and Container Labeling
Contractor shall provide a 3-container collection services program for Solid Waste, Recyclables, and Mixed Organics. Collection containers shall be Grey (MSW), Blue (Recyclables), and Green (Organic Waste). Hardware such as hinges and wheels may be different colors.

New containers or lids placed by Contractor shall include language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that container. Labels shall clearly indicate items that are prohibited contaminants for each container.

2. Education and Outreach
To promote public education about recycling requirements, Contractor shall create public education materials and conduct education programs and activities described in this Section.

Annual Notice: Contractor shall prepare and distribute to each Generator in the City a mailer that includes information specified in 14 CCR § 18985.1(a). Such mailer shall be distributed by Contractor to all Residential and Commercial mailing addresses including individual Multi-Family Dwelling Units. Contractor shall also make this notice available in an electronic format through the Contractor’s website.

Instructional Service Guide: Contractor shall prepare a service guide that describes available services, including how to place Containers for Collection, which materials should be placed in each Container and prohibited materials, and provides Collection holidays
Property Owners and Businesses: Contractor shall annually provide Property Owners and Commercial Business owners with public education materials in 37 electronic format for their distribution to all employees, contractors, tenants, and Customers of the properties and businesses. The Contractor’s public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials. A Commercial Business or Multi-Family Property Owner may request these materials more frequently than the standard annual provision if needed to comply with the requirement of 14 CCR § 18984.10 for Commercial Businesses and Multi-Family Property Owners to provide educational information to new tenants and employees before or within fourteen (14) days of occupation of the Premises. In this case, the Commercial Business or Multi-Family Property Owner may request delivery of materials by contacting the Contractor’s customer service department not later than two (2) weeks in advance of the date when the materials are needed.

Technical Assistance Program: Contractor shall provide ongoing technical assistance for Commercial and Multi-family generators who are required to participate in source separated recycling under applicable laws including AB-341, AB-1826, and SB-1383 and corresponding regulations. Technical assistance may include on-site training, instructional guides, printed or electronic materials and other resources that satisfy regulation requirements.

Contamination Monitoring: Contractor shall perform contamination inspections by utilizing on-board monitoring systems or physical container inspections. For physical container inspections, Contractor’s personnel shall lift the Container lid and observe the contents. For Collection vehicles equipped with a video camera and monitoring system, Contractor’s personnel shall observe, via the hopper video camera and monitoring system, the contents of the Containers as the materials are emptied into the vehicle. Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the contamination noticing procedures set forth below.

3. Waste Evaluations
Sampling Method: Contractor shall, at its sole expense, conduct waste evaluations that meet the requirements of 14 CCR § 18984.5(c). The Contractor shall conduct waste evaluations for contaminants using the Standard-Compliance Approach or other methods approved by Cal Recycle at least twice per year and the studies shall occur in two distinct seasons of the year. Contractor shall provide adequate notice to City of when waste evaluations will occur, and City reserves the right to observe waste evaluations.

Contamination Notifications: If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the Contractor shall notify City within fifteen (15) working days. 38 Contractor may perform targeted waste audits to determine the source of contaminants and provide technical assistance to those generators, or notify all generators of their obligation to properly source separate materials. The Contractor may provide this information by placing a written notice on the Generator’s Containers or the gate or door of the Premises; and/or by mail, e-mail, or electronic message to the applicable Generators.

Contractor will coordinate with City to develop procedures regarding alleged violations of these recycling programs.

4. Procurement
Contractor agrees to provide City with at least one hundred (100) tons of mulch annually to help City meet its procurement requirements. Contractor also agrees to provide City with any available procurement credits from renewable fuel purchases used by vehicles within City.

5. Waivers
The City shall be responsible for granting waivers to commercial or multi-family generators that meet the de minimis requirements subject to the requirements under SB-1383, pursuant to 14 CCR § 18984.11, or other requirements that may be specified by City. This includes physical space waivers where services may be impacted.

Contractor shall provide City with required generator information on services and activity that is needed as part of the waiver application. Contractor may also assist generators with waiver applications or submit on their behalf.

6. Edible Food Recovery
Contractor shall provide City with necessary data and reporting to determine which customers are considered tier 1 and tier 2 commercial edible food generators.

At least annually, the Contractor shall provide Commercial Edible Food Generators with the following information:
 Information about the City’s Edible Food Recovery program;  Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
 Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,  Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.
39 7. Reporting
Contractor will provide the data or prepare reports required to meet SB-1383 requirements which includes:
 The number of generators that receive organic waste collection service  The number of route reviews conducted for prohibited container contaminants  The number of times notices, violations, or targeted education materials were issued to generators for prohibited container contaminants.  The results of waste evaluations performed to meet the container contamination minimization requirements and the number of resulting targeted route reviews
 The number of commercial edible food generators located within the jurisdiction
40 EXHIBIT C - DEFINITIONS
For the purposes of this Agreement, the following terms, when used with initial capitalization, shall have the meanings set forth in this Section:

A. AB-939. "AB-939" means the California Integrated Waste Management Act of 1989, being Division 30 of the California Public Resources Code, commencing with § 40000 thereof, as it may be amended from time to time.

B. AB-1826. “AB-1826” means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB-1826," as amended, supplemented, superseded, and replaced from time to time C. BULKY WASTE. "Bulky Waste" means discarded furniture (including but not limited to chairs, sofas, mattresses, and rugs); appliances (including but not limited to refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances, and other similar items, commonly known as “white goods”); discarded stereos, televisions, computers, VCR’s, and other similar items (commonly known as “Electronic-Waste”); wood waste, tree trunks and large branches if more than six inches in diameter or four feet in length, scrap wood, rocks, sod and earth. Bulky Waste does not include construction and demolition waste, or large items such as car bodies, Jacuzzi tubs or spas, or other items that cannot be handled by two persons. In addition, Bulky Waste does not include waste tires.

D. CHANGE IN LAW. "Change in Law" means the imposition (or removal), after the establishment of a Fee relative to a Agreement, of any duty or burden imposed upon the Contractor in the performance of the Solid Waste Handling services required of it under the Agreement which is or becomes additional to (or is subtracted from) or different from those duties required or contemplated in this Agreement, or which must be performed in a different manner from that in which it is initially contemplated to be performed, and which results from any of the following:
(1) the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local law, statute, ordinance or regulation. (2) a regulatory agency or other administrative agency interpreting a regulation, a judicial decision of a federal court interpreting federal law or statute, or a judicial decision of a court having jurisdiction within California interpreting a federal, state or local law, statute, ordinance or regulation, in a manner 41 different from the interpretation which had previously been generally relied upon in California within the solid waste collection and hauling industry.

E. CHANGE IN LAW ADJUSTMENT. "Change in Law Adjustment" means the adjustment to the Fee Schedule as determined under the provisions of Section 13–B (6) of this Agreement.

F. CHANGE IN OWNERSHIP. "Change in Ownership" occurs when either a transaction or event, results in fifty percent (50%) or more of the beneficial ownership of the Contractor being different than such ownership as of the date of the approval by the City of the Agreement or, if applicable, as of the date of the most recent consent of the City to a Change of Ownership. The owners of the beneficial ownership of Contractor on the date of the approval of the Agreement or, if applicable, on the date of the most recent consent of the City to a Change of Ownership, shall be referred to in this subsection as an "Initial Owner". A Change in Ownership will be determined by application of the following:
(1) Any beneficial interest owned by an individual related by blood or marriage to an Initial Owner shall be considered as owned by an Initial Owner in determining if a Change in Ownership has occurred.
(2) Any public offering of stock where the stock is offered for sale to the general public and does not constitute a private placement shall be disregarded in determining if a Change in Ownership has occurred.
(3) Sales, transfers, issuances or pledges of non-voting shares of stock will not be considered in determining if a Change in Ownership has occurred, until and unless and only to the extent that such stock is converted into voting shares of stock.
(4) The pledge of, or any other action taken relative to, voting shares of stock which results in any voting rights of such stock being exercised by other than an Initial Owner shall be considered to be a transfer of such stock for the purposes of determining if a Change in Ownership has occurred.

G. CHANGE IN SCOPE ADJUSTMENT. "Change in Scope Adjustment" means the adjustment to the Fee Schedule as determined under the provisions of Section 13–B (5) of this Agreement.

H. COMMERCIAL EDIBLE FOOD GENERATORS. “Commercial Edible Food Generator” means a Businesses identified as Tier One and Tier Two edible food generators as defined in 14 CCR § 18982.
42 I. CONSUMER PRICE INDEX. “Consumer Price Index” or “CPI” means the Consumer Price Index, All Items, Not Seasonally Adjusted, San FranciscoOakland-Hayward, California, as published by the California Department of Industrial Relations.

J. CITY. "City" means the City of Avenal, State of California.

K. CITY SOLID WASTE DISPOSAL SYSTEM. "City Solid Waste Disposal System" means at any particular time, the then-existing Solid Waste Facilities which the City owns, leases or has a contractual right to use.

L. CUSTOMER. “Customer” means any Person receiving Solid Waste Handling services pursuant to this Agreement.

M. DESIGNATED SOURCE SEPERATED ORGANIC WASTE FACILITY:
“Designated Source Separated Organic Waste Facility” means a facility identified by Contractor that meets the definition of 14 CCR § 18982(a)(33).

N. DROP BOX. “Drop Box” means a steel, open-top container holding at least eight (8) cubic yards that rolls off and on a transport truck.

O. EFFECTIVE DATE. “Effective Date” means December 1, 2022.

P. ELECTRONIC WASTE. “Electronic Waste” for purposes of this Agreement means electronic waste materials generated by residential or commercial Customers that render the items hazardous depending upon their condition and density, such as, but not limited to, televisions, computer monitors containing Cathode Ray Tubes (CRTs), cell phones, scanners, fax machines and other items as determined by applicable laws and regulations.

Q. EXCLUDED WASTE. “Excluded Waste” means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Approved/Designated Facility operator(s) reasonably believe(s) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including:
land use restrictions or conditions, waste that cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in Contractor’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single- 43 Family or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with §§ 41500 and 41802 of the California Public Resources Code.

R. FEE. "Fee" means the inclusive Fee Schedule attached to this Agreement as EXHIBIT D, which provides the Fees to be paid to Contractor by City in consideration of the Solid Waste Handling services provided by Contractor hereunder.

S. FOOD SCRAPS. “Food Scraps” means all discarded food such as fruits, vegetables, beans, pasta, and other materials accepted at the designated organics processing facility.

T. FRANCHISE AGREEMENT. "Agreement" means the Agreement entered into between the City and the Contractor which authorizes/requires the Contractor to provide Solid Waste Handling services in a specified Service Area.

U. FRANCHISE FEE. [Reserved].

V. GRANTEE. "Grantee" means “Contractor” and Mid-Valley Disposal, LLC, a California Limited Liability Company.

W. GREEN WASTE. "Green Waste" means discarded Solid Waste consisting of grass clippings, leaves, branches, tree trunks and other vegetative matter not more than six (6) inches in diameter or four (4) feet in length.

X. GROSS RECEIPTS.
(1) "Gross Receipts" means all monies received by Contractor for providing the Solid Waste Handling services specified in this Agreement. (2) "Gross Receipts Less Disposal Charges" means Gross Receipts less that part of the monies received by the Contractor that are collected from Customers for payment of the fee imposed for disposing of the Solid Waste at a Solid Waste Facility.

Y. HAZARDOUS WASTE. "Hazardous Waste" means any waste material or mixture of waste which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such waste or mixture of waste may cause substantial personal injury, serious illness or harm to humans, domestic animals or wildlife during or as a proximate result of any disposal of such waste or mixture of wastes as defined 44 in Article 2, Chapter 6.5, § 25117 of the California Health and Safety Code and Title 22 of California Code of Regulations, § 66261.3. The terms "toxic," "corrosive," "flammable," "irritant," and "strong sensitizer" shall be given the same meaning as in the California Hazardous Substances Act (Chapter 12, commencing with § 28740.1, Division 21 of the California Health and Safety Code).

Z. MANAGER. “Manager” means the City Manager of the City of Avenal, or designee of City Manager.

AA. MATERIALS RECOVERY FACILITY. “Materials recovery
facility” or “MRF” is a facility designed to remove recyclables and other valuable materials from the waste stream collected through a residential, commercial or industrial Solid Waste Handling program that is approved to operate by the appropriate state and local agencies.

BB. MULTI-JURISDICTION LOAD REPORT. "Multi-Jurisdiction Load Report" means a report which sets out the amount, and place of collection, of Solid Waste delivered to the City Solid Waste Disposal System.

CC. ORGANIC MATERIAL. “Organic Material” means Green Waste and Food Waste which are specifically accepted at an organics processing facility. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Solid Waste and Recyclable Material.

DD. PERSON. "Person" includes, without limitation, individuals, associations, clubs, societies, firms, partnerships, joint ventures, sole proprietorships, corporations, limited liability companies, schools, colleges and all governmental agencies and entities.

EE. PROCESSING. "Processing" means the reduction, separation, recovery, conversion or recycling of Solid Waste.

FF. PROHIBITED CONTAINER CONTAMINANTS. “Prohibited Container Contaminants” means (i) items placed in the Blue Container that are not identified as acceptable Recyclable Materials; (ii) items placed in the Green Container that are not identified as acceptable organic waste; (iii) items placed in the Gray Container that are acceptable to be placed in City’s Green Container and/or Blue Container ; and (iv) Excluded Waste placed in any Container.

GG. RATES. “Rate” or “Rates” means rates charged by City of Avenal or by Contractor, as applicable, to Customers for Solid Waste Handling Services provided.
45 HH. RECYCLABLE MATERIALS. "Recyclable Materials" means discarded Solid Waste which may be sorted, cleansed, treated, processed, and/or reconstituted, and which is segregated for the purpose of reuse or recycling, including, but not limited to, separated paper, glass, cardboard, plastic, ferrous materials or aluminum.

II. RESIDUAL SOLID WASTE. “Residual Solid Waste” means the solid waste destined for disposal, transformation, further transfer/processing as defined in section 17402(a)(30) or (31) of the California Code of Regulations Title 14, Article 6, which remains after processing has taken place.

JJ. SB-1383. “SB-1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added §§ 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with § 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

KK. SECURITY. "Security" means a corporate surety bond, a letter of credit or other security device acceptable to City, as provided in Section 9–F.

LL. SOLID WASTE. Except as provided in sub-subsections (1), (2), (3) and (4), "Solid Waste" means all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances (subject to salvage and other special handling requirements under applicable law and regulation), dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, including Recyclable Materials and Green Waste. (1) "Solid Waste" does not include Hazardous Waste and does not include lowlevel radioactive waste regulated under Chapter 7.6 (commencing with § 25800) of Division 20 of the California Health and Safety Code. (2) "Solid Waste" does not include medical waste (except treated medical waste) which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with § 25015) of Division 20 of the California Health and Safety Code).
46 (3) Solid Waste does not include petroleum or a petroleum product or fraction thereof at reasonably detectable levels, asbestos and, with respect to a particular Solid Waste Facility, any waste or material which a regulatory agency, the Facility's solid waste facility permit or City policy, does not allow to be accepted for transfer, Processing, composting, transformation or disposal at that Facility.
(4) Solid Waste does not include items which would be Recyclable Materials but for the fact that they are personally separated from other Solid Waste by the generator thereof and are donated or sold to third parties. For purposes of this section, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum (including without limit as a consulting fee, container rental or other fees or tangible consideration) either: (i) in lieu of being directly charged for collecting, transporting, processing or recycling such item; or (ii) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of, or reduction in, the disposal service rate on un-segregated Solid Waste containing such an item be deemed to be the donation or sale of such an item to a third party.

MM.SOLID WASTE FACILITY. "Solid Waste Facility” means any facility that is designed to manage any type of Solid Waste and includes transfer, Processing, composting, transformation and disposal facilities.

NN. SOLID WASTE FACILITY FEE. “Solid Waste Facility Fee” means the fee charged for use of a Solid Waste Facility.

OO. SOLID WASTE HANDLING. "Solid Waste Handling" means one or more of the following: the collection of Solid Waste from a commercial, residential, construction or industrial source; the transportation of such Solid Waste to a Solid Waste Facility; and the transfer, Processing, composting, transformation or disposal of such Solid Waste at the Solid Waste Facility.

PP. SPECIAL WASTES. “Special Wastes” means all the items and materials which are designated as such in an Agreement.

QQ. TRANSFORMATION. “Transformation” as used in this Agreement shall have the same meaning as set forth in Public Resources Code § 40201, as it may be amended from time to time.

47 EXHIBIT D - FEE SCHEDULE
RESOLUTION NO. 2005-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

A VENAL AUTHORIZING THE CITY MANAGER TO SIGN THE
"SECOND ADDENDUM TO SOLID WASTE AND RECYCLING
AGREEMENT" (Agreement No. 404) BY AND BETWEEN THE CITY
OF A VENAL AND MID VALLEY DISPOSAL.

WHEREAS, the City of Avenal and Mid Valley Disposal, Inc., a Corporation have previously entered into a Franchise Agreement; and
WHEREAS, the parties desire to amend City of Avenal Agreement No. 404 by sound addendum reflecting duties and responsibilities of cleaning of all streets within the City limits; and
WHEREAS, all other terms and conditions of Agreement No. 404 shall remain in full force and effect.

NOW THEREFORE, BE IT AGREED AS FOLLOWS:
"See attached addendum"
BE ITE FURTHER RESOLVED, that the City Council of the City of Avenal does hereby authorize the City Manager to sign and execute the Second Addendum to Solid Waste Collection and Recycling Franchise Agreement.

PASSED AND ADOPTED at a regular meeting of the Avenal City Council held on the 8th day of December 2005, by the following vote:

AYES: CASIDA, BARRERA, CRAIGHEAD.

NOES: NONE.

ABSTAIN: NONE.

ABSENT: LARA, ELLIOTT.

SECOND ADDENDUM TO SOLID WASTE COLLECTION

AND RECYCLING FRANCHISE AGREEMENT
This Addendum is entered into between the CITY OF AVENAL (hereinafter referred to as "CITY") and MID VALLEY DISPOSAL, INC., a California corporation (hereinafter referred to as "MVD"). MVD was formerly referred to as AVENAL WASTE ALTERNATIVE, INC., a California corporation, doing business as AVENAL WASTE ALTERNATIVES (hereinafter referred to as "AWA") and SUN WASTE ALTERNATIVES, INC., a California corporation, doing business as AVENAL WASTE ALTERNATIVES (hereinafter "SUN"). Hereafter, all references in the 1995 Franchise Agreement and Addendums to SUN and/or AWA shall be, and hereby are, changed to MVD.

CITY and MVD having previously entered into a Franchise Agreement dated October 1, 1995, now make this Addendum to reflect the following duties and responsibilities:

1. MVD shall be responsible for cleaning all the streets within the City limits of CITY, at no cost or fee to CITY. The frequency of such deaning shall be mutually agreed upon between CITY and MVD.

2. MVD shall be responsible for hiring and maintaining all employees relating to the performance of the street sweeping duties. CITY shall provide repair and maintenance for the street sweeper. If MVD obtains maintenance and/or repairs from any source other than CITY, MVD shall be responsible for all such costs, without right of contribution from CITY. Any costs associated for repairs and maintenance shall be allocated between MVD and CITY based upon each parties' pro rata usage (hour) of such street sweeper.

3. MVD shall be responsible for insurance, maintenance, repair, and all costs, of whatever kind or nature, regarding the street sweeper which is currently owned by CITY, but is hereafter leased to MVD.

It is agreed that MVD shall name CITY as an additional insured under its policy. Proof of, together with the amount of such insurance, must be provided to, and approved by, CITY.

4. CITY agrees to lease to MVD that street sweeper identified in Exhibit A hereto, without warranty, express or implied, at the cost of $1.00 per month, plus applicable tax, if any, and, at the conclusion of the contract between MVD and CITY, MVD shall have the right to purchase the street sweeper at a price mutually agreed upon or MVD may return the street sweeper to CITY in the same condition as received, save and except ordinary wear and tear.

5. MVD shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with MVD's operation and use of the leased vehicle. The cost of such insurance shall be borne by MVD.

General liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence from CG 00 01 11 88). Limits no less than $1,000,000 per occurrence for bodily injury, personal injury and property damage shall be provided. The general liability policy is to contain, or be endorsed to contain, the following provisions:

A. The CITY, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of the use of the vehicle leased to MVD; B. MVD's insurance coverage shall be primary insurance with respect to the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of MVD's insurance and shall not contribute with it; and
C. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY.

Property insurance coverage shall provide protection against all risks of loss to the vehicle.

6. MVD shall indemnify and hold harmless CITY, its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys' fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of MVD, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY.

7. Unless otherwise agreed in writing, the street sweeper, when not being used, shall be kept at CITY's Public Works yard. Further, unless otherwise agreed in writing, CITY shall have the right to utilize the street sweeper, at no cost or obligation (except for maintenance and repairs identified in paragraph 2 above) whenever CITY deems it necessary.

By entering into this Addendum, the parties do not intend to modify or otherwise change the terms of their original contract dated October 1, 1995.

Dated:________ CITY OF AVENAL
Dated: ________ _
By __________ _
Melissa Whitten
City Manager
MID VALLEY DISPOSAL, INC.

By __________ _
Jay Kalpakoff, President
By __________ _
Roy Mendrin, Secretary
SWEEPER TYPE:

SWEEPER SERIAL NO.:

TRUCK MODEL/MAKE:

TRUCK YEAR:

TRUCK VIN NO.:

AUXILIARY ENGINE MODEL:

EXHIBIT "A"
TYMCO 600 REGENERATIVE AIR
2006095NP60564BAH
FC80FREIGHTLINER
2006
AUXILIARY ENGINE SERIAL NO.:
lFV AB36BV26DV11693
4045T-l 15HP-2 JOHN DEER
PE4045T478362
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
STUDY SESSION 2. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 12, 2023
RE: Discussion of legislative needs to local/state elected official for 2023-2024 INFORMATION:

Continuing ongoing discussion of large project needs and areas where consultant and lobbyist CrisCom can help, Staff is requesting direction from Council on legislative items of importance to discuss with Avenal’s elected officials.

A month ago, Staff met with Assembly District 33’s new Assemblymember, Devin Mathis, and connect with his staff to coordinate future discussion of Avenal’s needs. Likewise, City Staff is scheduled to meet with Senator Hurtado’s Chief of Staff, Elizabeth Hess, on Friday January 13, and Congressman David Valadao’s local representative, Clayton Smith, in the coming days.

Now is a good time to discuss and plan ahead areas they may be able to help Avenal, so we can strategically work together with its elected officials.

Last year’s requests included:
• Funding for the Cutoff Road project, $5+ million
• Funding assistance for fire contract services deficit, helping pay the 600k a year in total service.
• Funding for the Community Center project ($5 million requested, $2 million awarded by state – still awaiting Federal earmark news).
• Funding for a new water well to increase water allocation by the canal. • Funding for transportation opportunities and EV Chargers. • Assistance in funding a new Civic Center.

Some ideas (in no particular order):
• Disaster preparedness with Avenal PD and Veterans’ Hall building improvements, such as new roof for both sites, and upgraded generator for the EOC. • Funding and program assistance for the Senior Program/Veterans Hall, either with meals or helping remodel the Vets Hall.
• Infrastructure for water/waste water and roads (funding opportunities may be available soon) RECOMMENDATION:

Direct staff on funding priorities to send to Avenal’s elected officials for 2023-2024.

January 12, 2023 Pg. 6

CITY OF AVENAL
“Pistachio&aSitaOoIthH:oUOG”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
DECEMBER 8, 2022; 5:15 P.M.

AVENAL THEATER & EVENT CENTER, 233 E. KINGS ST., AVENAL, CA VIA ZOOM VIDEO/WEB CONFERENCING:

Web Link: bit.ly/AvenalCouncil or use https://us02web.zoom.us/j/87243440488 Or by calling +1 669 900 6833 and use meeting ID 872 4344 0488 to join.

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:16 p.m.

ROLL CALL: Councilmembers: Ricardo Verdugo, Pablo Hernandez, Luis Gravelle, Mayor Alvaro Preciado, via zoom Mayor ProTem Ramirez.

ABSENT: None.

STAFF: Lopez, Ortiz, Bermudez, Davis, Lara-Nieto, Price, Nevarez, Williams, Yang.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

Government Code Section 54952.3: The members of the City Council/Successor Agency are entitled to receive a total of $300.00 per month because of being elected to the City Council. They receive no other compensation for sitting as a member of Successor Agency.

The City Council went into Closed Session at 5:25 p.m.

CLOSED SESSION: (City/Successor Agency):

A. PENDING LITIGATION (Government Code § 54956.9).

It is the intention of this governing body to meet in closed session concerning:

Conference with legal counsel – ANTICIPATED LITIGATION (Government Code § 54956.9(d)).

Initiation of litigation (Government Code § 54956.9(d)(4)).

Number of potential cases is: 1.

B. Conference with Real Property Negotiator(s) (Government Code § 54956.8).

Property Description: APN: 038-290-028 Negotiator(s): City Manager/City Attorney Party with whom negotiating: Avenal Sand Drags Association, Inc.

Instructions to negotiator concerning: Terms of Payment C. Conference with Labor Negotiator(s) (Government Code § 54957.6).

It is the intent of this governing body to meet in Closed Session to review its position and to instruct its designated representatives:

Designated representatives: -Bargaining Unit 4 -City Manager Mayor Preciado re-opened the City Council meeting at 6:36 p.m. with the following to report: to pay half of everyone remaining FY 21/22 Administrative Leave Hours to Bargaining Unit 4, plus the City Manager, and the remaining half of everyone hours will be rolled over into FY 22/23 and will be the final time any hours will be rolled over or paid out.

Councilman Gravelle motioned to approve, seconded by Councilman Verdugo, and motioned carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Hernández, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

AGENDA ITEM NO. 5. – A.

January 12, 2023 Pg. 7
Joint Meeting City Council/Successor Agency/PFA – December 8, 2022

Page 2 of 7 ends

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Veronica Aguirre commented the following: 1) Thanked City Manager Lopez and Staff for hosting the City County Coordinating meeting and inviting her & Healthy Environment for all Lives Group. Also, allowing them an opportunity to speak/present on things that were accomplished this year; 2) Landfill concerns – to ensure the landfill complies with all Federal and State laws, reducing harmful emissions and stop causing odor nuisances. This includes participating in the permitting process and oversight processes, installing some community air monitors in some of the residential areas and continue to collect data on any type of admissions that with PM25; 3) Also, possibly maybe be put on the agenda. So, discuss what information they have been working on and advocacy with Mariah Thompson from California Road Legal Assistance and share the work that we have been doing and bringing more information on what some of the discoveries that they have; and 4) the Community Center on Hydril Road, she wanted to know if there's something that we as a community can do to help make this possible.

Rosa Sierra commented on the following: 1) activity in Avenal is great; 2) Thanked the Council and Mayor Preciado for showing up at so many functions this year and representing Avenal. Also, thanked Mr. Lopez for his leadership and 3) Also, is on the same page with Mrs. Aguirre the Community Center what can we do to help, because this is where our youth can go and enjoy the facility and let her know.

James Horn, City Council Member of City of Coalinga, Alicia Ramirez, Senior Representative for Assemblyman Rudy Salas, Super Vito Chiesa, Stanislaus County Board of Supervisors District 2, Manuel Cunha Jr, President Nisei Farmers League, and Luis Ramirez on behalf of Jose Ramirez Boxer all indorsed Alvaro Preciado for Mayor of the City of Avenal.

CONSENT CALENDAR:

All items listed under the consent calendar are routine and enacted by one motion: (Action).

A. Consider City of Avenal/Successor Agency’s Approval of Minutes for: November 10, 2022.

B. Ratify Approval to Purchase Two Dodge Durango Patrol Vehicles (APD) - Emergency Item Approved November 10, 2022.

C. Consider Adopting of Technology Use Policy, I.T. Policy 2022-01: Resolution 2022-61.

D. Consider Accepting Tobacco Grant Funds for $158,673, RFP: DOJ-PROP56-2022-23-1: Resolution 2022-62.

E. Consider Creating Community Services Officer (CSO) Part-Time Position, under Police Department, Tobacco Grant Funded:

Resolution 2022-63.

F. Ratify Accepting UC Davis, California for All Animals - September Grant Agreement, UCD #A67065, for $90,000:

Resolution 2022-64.

G. Consider Budget Adjustment to Hire Part-time Kennel Technician, Animal Control Department.

H. Consider Amending Definition of “Permanent Part-Time Employee” of the Personnel System Rules: Resolution 2022-65.

I. Consider Ratifying Consent to Record an Agreement and its Attachments executed on October 3, 2007.

Council Member/Successor Agency Member Gravelle made motion to approve Consent Calendar and move Item I to New Business, seconded by Council Member/Successor Agency Member Hernandez, and motion carried.

Councilman Verdugo would like to pull Item I and move it to New Business.

Ratifying Resolution 2022-61: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ADOPTING TECHNOLOGY USE POLICY, I.T. POLICY 2022-01. Councilman Gravelle motioned to approve, second by Councilman Hernandez and motion carried.

Resolution 2022-62: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE CITY MANAGER TO ACCEPT TOBACCO GRANT FUNDS FOR $158,673, RFP:

DOJ-PROP56-2022-23-1. Councilman Gravelle motioned to approve, second by Councilman Hernandez and motion carried.

RESOLUTION 2022-63: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL

ESTABLISHMENT OF A COMMUNITY SERVICES OFFICER (CSO) FULL-TIME POSITION, UNDER POLICE DEPARTMENT. Councilman Gravelle motioned to approve, second by Councilman Hernandez and motion carried.

RATIFYING RESOLUTION 2022-64: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

AVENAL RATIFYING THE CITY MANAGER ACCEPTING UC DAVIS, CALIFORNIA FOR ALL ANIMALS - SNIPTEMBER GRANT AGREEMENT, UCD #A67065, FOR $90,000. Councilman Gravelle motioned to approve, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

January 12, 2023 Pg. 8
Joint Meeting City Council/Successor Agency/PFA – December 8, 2022

Page 3 of 7 ends

MAYOR & COUNCIL MEMBERS/ SUCCESSOR AGENCY/ITEMS FOR CONSIDERATION:

A. Consider Resolution Accepting November 8, 2022, Election Results: Resolution 2022-66.

City Manager Lopez reported that at the June 23, 2022, meeting, the City Council adopted Resolution No. 2022-37 giving notice of a general municipal election to be held on Tuesday, November 8, 2022, for the election of two city councilmembers. The at-large election was held on November 8, 2022, and the voters elected the two candidates with highest number of votes as Councilmembers for a term of four (4) years each. Two local ballot measures were also submitted to Avenal voters, Measure A (local sales tax, Resolution 2022-40) and Measure C (cannabis business tax, Resolution 2022-41). Under Elections Code § 10262(b), for a consolidated election, the City Clerk or designated city elections official, upon receipt of the results of the election from the County elections official who conducted the election, must certify the results to the City Council who in turn must comply with Elections Code § 10263 (discussed below), not later than the next regularly scheduled city council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose. Elections Code § 10263 requires that, upon the completion of the canvass and before installing the newly elected officers, the City Council must adopt a resolution reciting certain details about the election, and its results, and must also declare elected the persons for whom the highest number of votes were cast for each office up for election. The accompanying draft resolution is designed to comply with the Elections Code requirements.

RESOLUTION 2022-66: ADOPTION OF RESOLUTION DECLARING THE RESULTS OF RECENT MUNICIPAL

ELECTION, INCLUDING MEMBERS OF THE CITY COUNCIL AND ON RETAIL TRANSACTIONS AND USE TAX ORDINANCE AND CANNABIS TAX ORDINANCE. Councilman Verdugo motioned to approve, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Verdugo, Hernández, Gravelle, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

B. Administer Oath of Office to Re-Elected City Council Members: Maria Ortiz, City Clerk.

Maria Ortiz, City Clerk administered the Oath of office to Alvaro Preciado and Pablo Hernandez and seated as elected City Council Members. Also, welcomed them to the City Council.
a. CITY CLERK Opens Nominations for MAYOR: Maria Ortiz, City Clerk City Clerk Ortiz opened nominations for Mayor. Councilman Ricardo Verdugo nominated Alvaro Preciado for Mayor; City Clerk Ortiz asked if there are any other nominations for Mayor and if there were no nominations, and City Clerk recommended that the Council close nominations. Councilman Verdugo motioned to close nominations for Mayor, second by Councilman Hernandez and motioned carried. City Clerk asked for a second to the nomination of Alvaro Preciado as Mayor, and Councilman Pablo Hernandez seconded the nomination and motioned carried. City Clerk Ortiz announced: New Mayor Alvaro Preciado and he was given the floor.
b. MAYOR Opens Nominations for MAYOR PRO TEM:

Mayor Preciado opened nominations for Mayor Pro Tem. Councilman Hernandez nominated Alejandro Ramirez for Mayor Pro Tem. Councilman Gravelle nominated Ricardo Verdugo for Mayor Pro Tem. City Clerk roll call vote for Alejandro Ramirez: Gravelle-No, Verdugo-No, Hernandez-yes, Ramirez, yes, Preciado, yes. The new Mayor Pro Tem will be Alejandro Ramirez.

C. Consider Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration (CDTFA) Related to the Measure A, the New 1.00% Local Transactions and Use Tax.

RESOLUTION 2022-67: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AUTHORIZING THE

CITY MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION FOR IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX. Councilman Gravelle motioned to approve, second by Councilman Hernandez, and carried RESOLUTION 2022-68: A RESOLUTION OF THE CITY OF AVENAL AUTHORIZING EXAMINATION OF SALES OR TRANSACTIONS AND USE TAXES RECORDS RESOLUTION. Councilman Gravelle motioned to approve, second by Councilman Hernandez, and carried
Roll Call Vote:

AYES: Gravelle, Hernández, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

January 12, 2023 Pg. 9
Joint Meeting City Council/Successor Agency/PFA – December 8, 2022

Page 4 of 7 ends

ABSTAIN: None.

A. Activity Reports:

1. Community & Economic Development Department: Kao Nou Yang, Director.

Kao Nou Yang, Director reported the following: 1) Planning Division: - Processing Zoning Land Use Applications, Land Division Applications and Current Planning Site Plan Reviews Zoning Permits – Site Plan Review No. 21-07; city received an application for an energy battery storage facility located at 1009 South Fifth Avenue; 2) Long Range Planning: Zoning, Subdivision and Building Ordinance – On December 5, 2022, the Planning Commission held its regularly scheduled meeting to discuss the comprehensive zoning Ordinance update. This was our last Zoning workshop to discuss any additional public initial input to the preliminary drafting of the Comprehensive zoning ordinance. City staff and Consultant will work together on the preliminary drafting and documents; 3) Building Division: Building and Permit Applications- The City has Implemented an electronic application submission for Building Permits, Land Use and Zoning Permits and Business License. The Application Link is Located on the City Website on the Home Page under the BUTTON APPLY FOR PERMIT ONLINE/ QR code for the Online portal. From January 2022 to present, we had over 340 electronic submissions of Building permits; 4) Economic Development (CrisComm): Monthly Report and Update from Economic Development Team CrisComm; 5) Grants: Avenal Safe Route to School ATP Cycle 4 – QK / Avenal Kids Pocket Park; 6) Utilities Mortgage and Rental Assistance is still available; 7) First Time Home Buyer Program – Flyer is available at City Hall; 8) Home Rehabilitation Program- Flyer are available at City Hall; 9) Accessory Dwelling Unit (ADU) Program - Flyer are available at City Hall. Brand New Program that is implemented by Self-help Enterprise on behalf of the city. Prior to Speaking to Self-help if you are interested in building or rehabbing an existing ADU please contact Community & economic development to see if your property is eligible for an ADU and of a Zoning land use permit is required prior to implementation; and 10) Kings County ARPA Small Business Assistance Program – This program is a COUNTY program, and it is available to Avenal Business owners. Please Contact the Kings County Economic Development Corporation if you are interested and for more information. Flyers are available at city hall and https://www.countyofkings.com/departments/general-services/jto-edc.

2. Police Department Activity Report: Robert Nevarez, Chief.

Robert Nevarez, Chief. Reported the following: 1) Leadership Stability; - Captain David Tapia attended Executive Management School; 3) Captain Leonard Lujan scheduled for California Police Chief’s Conference in March; 4) Participated in police officer interviews and hosted three police birthday employee celebrations;6) Lobby project completed; 7) International Model of Community Trust - Community Engagement CSO was approved- bringing them on Mid-January; 8) Attended Trunk or Treat with several officers; 9) Met with concerned citizen regarding noise complaint; 10) Hosted first Avenal Block Party in front of HQ; 11) Attended and spoke at two Use of Force/De-escalation classes; 12) Participated in Administration of Justice Advisory Board Meeting; 13) Attended Lemoore NAS National Night Out; 14) Attended Seniors Christmas Pozole event at Vets Hall; 15) Participated in Operation Gobble at Vets Hall; 16) Attended Rotary Club meeting; 17) Trading Card program finalized- first 7 officers approved: arriving mid-January l.; 18) Citizens Police Academy scheduled – January 25, Feb 1, Feb 8 and Feb 15; 19) Avenal PD Christmas Cards are going out next week; 20) “Pan Dulce con la Placa”- Mid-January by Sr. Officer Roldan; 21) Amongst the safest cities in America Met with US Security Lines to discuss adding three more camera locations; 22) Attended Kings County JAG Law Enforcement meeting to secure additional funds; 23) CDCR presenting Gang Presentation Class to Avenal PD Officer; 24) Officers in process of completing Active Shooter training on Police Academy; 25) One platform - Scheduling Active Shooter simulation training in December, embrace wellness amongst our employees, hosted Avenal PD team meeting, hosted Sergeants meeting and discussed the importance of wellness; and 26) Significant Arrest: DUI ‘s, Officer Rodrigues conducted a records check on the handgun and it came back stolen out of the City of Riverside. After the FST’s, the driver was arrested for both driving under the influence and for possessing a stolen firearm.

B. Special Presentations/Reports:
1) Caltrans Presentation Clean California.

Brad Cole, Landscape Architecture & Jennifer Nishikawa, Clean CA Coordinator presented: Clean California Avenal Improvement Project December 8th, 2022: 1) Overview of Clean California initiative; 2) Clean California Project on State Routes 33 and 269; 3) Litter Abatement over three years; 4) State Beautification projects over two years; 5) Local Beautification Local Grant Program over two years; 6) Public Education over two years; 5) Mobilizing transformation through key action areas; 6) Job creation; 7) expand litter removal; 8) State Highway Beautification Enhancements 8, District 6 received $26.6 million over two years must be constructed by June 30, 2023, Non-controversial, no right-of-way acquisition, needs community support • $1,500,000 allocated to SR-33 and SR269 in Avenal; and 9) Proposed Art Enhancement - (add visuals and plans for art components) • Utility Box Wraps • Benches. 2) Avenal Landfill Quarterly Report: George Anderson, Site Manager.

George Anderson, Site Manager reported the following: 1) congratulated Mayor Preciado and Councilman Hernandez re-election; Q3 report - July 1st to September 30th: 108,000 tons come across the inbound- recycle about 250-tons of green waste that is used as an alternative daily cover, 83-tons of metal, 283 tons of concrete- that used grind up and use in our RV ditches for drainage; 3) new cell January 12, 2023 Pg. 10
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6A is underway and prepping cell 6B; 4) hiring- opened up an operator position; 5) community outreach- tours: Q3 approximately 25 to 30 tours and 15 scheduled for Q4. Also, the elementary schools are doing tours for the children, educating them; 6) Q4 report, which comes out in March; 6) The Christmas tree donations - their fifth Annual Christmas tree drive and thanked Mr. & Mrs.

Verdugo, who picked up trees and brought them back and handed them out for Mr. Anderson.; 7) He had trainings that we were covering at the landfill; 8) Other: Fire at the Landfill by pile mulch and Miguel Rangel, who lives off of Hydril Rd., notice smoke coming from the South East corner and called 911- local Fire Department responded. He Thanked - Jose Lopez, Operator of 16 years, Mr. Rangel 15 years and Roman Linarte, Operations Supervisor; 9) SR269 was blown away that Caltrans. He received a call two ago from the Lupe Chavez, Senior Code Enforcement Officer regarding complaints of litter along SR269. Hopefully, the Landfill can adopt highway that area.

City Manager Lopez had a quick question if there any mechanism, devices that would help alert in case of a fire? Mr. Anderson stated yes, there are three units that are on the landfill that are staked to the ground. They're coming up with some new ones in 2023 that have a little bit more technology with them, but they're like your smoke detector in your house. It picks up smoke that linger or an goes off and it goes directly to my phone or the supervisor’s phone 24/7. If there's issues with that or gas issues or detections, anything like that automatically alerts us so we can respond to it right away.

City Manager Lopez would like the Council to consider moving up New Business, since we have a presenter waiting. The City Council was in censuses to move up New Business. Councilman Gravelle-yes, Verdugo, Hernandez-yes Mayor Preciado-yes & Mayor ProTem Ramirez-yes.

PUBLIC HEARING(s):

A. None.

NEW BUSINESS:

A. Consider Creation of Finance Manager Position:

City Manager Lopez, reported that Staff was unable to finalize numbers and need to finalize. He would like to table item for the next City Council meeting hat job description that we might like to present to Council to table it to the next meeting. Is there a second? These thinking by comfortable with this engine roll call please Councilman gravel. Council.

B. Consider Accepting the Construction Bid and Awarding for Active Transportation Project (ATP) Avenal Safe Routes to School State Route 269 Improvement Project.

Director of Community Development Yang & Monica Mello from QK thanked the Council for moving up New Business, since we have a presenter waiting. The City Council approved Resolution 2016-56 adopting the Avenal Active Transportation and Safe Route to School Plan. This plan allowed for the City to start looking for funding to help with alternative and active transportation as well as creating safe routes for school children walking to and from school. On July 12, 2018, Resolution 2018-36 authorized the submittal of an application for the Active Transportation Project Cycle 4 to Caltrans for the Avenal Safe route to School State Route 269 Improvement Project “Project”. On March 21, 2019, the City was awarded $537,000.00 for the construction of the proposed Project submitted and then in September of 2020 the city awarded the traffic engineering services to QK. Inc “Consultant” to help with the design and construction document as well as the bidding process and Construction management. Through two revisions of scope of work with Caltrans the project was officially ready to go out for bidding. On October 21, 2022, the bid notice was published and posted in the Hanford Sentinel and letters were sent out to potential contractors as well. On December 1, 2022, Bids were opened at City Hall for the Project. The Bid results were as follows: Company Name Bid Amount Harris Development Corp dba HBD Enterprises $336,050.00 Bush Engineering (withdrew) After review of the Bids, The Consultant have reviewed the bid proposal package for Harris Development Corp dba HBC Enterprises and find it to be complete and responsive. The Contractor holds a valid and current license and is registered with the DIR. We recommend that the City Council award the project to the second lowest responsible bidder, Robert Harris, Harris Development Corp dba HBC Enterprises for $ 336,050.00. (Attachment A) This item has been reviewed by the Community & Economic Development and Public Works Department.

RESOLUTION 2022-69: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HARRIS

DEVELOPMENT CORP DBA HBC ENTERPRISES TO COMPLETE CONSTRUCTION OF THE AVENAL SAFE ROUTE TO SCHOOL STATE ROUTE 269 IMPROVEMENT PROJECT. Councilman Gravelle motioned to approve, second by Councilman Verdugo, and carried.

Roll Call Vote:

AYES: Gravelle, Verdugo, Hernández, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

January 12, 2023 Pg. 11
Joint Meeting City Council/Successor Agency/PFA – December 8, 2022

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A. Consider Ratifying Consent to Record an Agreement and its Attachments executed on October 3, 2007.

City Manager Lopez reported that Staff is filtering active and inactive agreements that are still in effect for the City. Staff has identified one agreement executed on October 3, 2007, which did not appear to be recorded at the County. It is advised in the City’s best interest, as the agreement is still in effect, that the City have the agreement recorded. Staff worked to have the agreement recorded before the December 8, 2022, Council meeting thus is seeking consent to have the action ratified. By motion, ratify Staff’s recordation of the City’s agreement that was executed on October 3, 2007.

Moses Diaz, City Attorney reported that there was a clerical error to consider authorizing recordation and/or notice of said agreement.

The City entered into an agreement with Avenal Sand Drags to sell a piece of property the agreement came as option. The agreement came to an option for the city to return, because it has not been recorded. The recommended motion would be to authorize recording of the agreement and/or a notice of the agreement then option to repurchase.

After a brief, discussion Councilman Gravelle motioned to authorize recording of said agreement and/or a notice of the agreement then option to repurchase, second by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

OLD BUSINESS:

B. Consider Extending Local Emergency Declared on March 24, 2020:

City Manager Lopez & reported that the On March 24, 2020, the Avenal City Council adopted Resolution No. 2020-14 declaring a Local Emergency due to the existence or threatened existence of a local emergency: COVID 19 pandemic. The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists.

On October 28, 2021, the Avenal City Council adopted Resolution No. 2021-48 to satisfy AB 361 to continue Teleconferenced Meetings. AB 361 provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules • The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

Currently, staff is recommending the City Council consider the following action by motion:

Approve and support the ongoing local emergency Resolution, and specifically, move to renew the emergency Resolution by sixty (60) days, unless a Councilmember or member of the public request that the Council convene to consider the ongoing emergency Resolution, at which time a special meeting would be scheduled.

Additionally, that the Council find that a state of emergency continues to directly impact the ability of members to meet safely in person, and that State and local officials continue to impose or recommend social distancing measures.

Councilman Gravelle motioned to approve as recommended, seconded by Councilman Hernandez and motion carried.

Roll Call Vote:

AYES: Gravelle, Hernandez, Verdugo, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

C. Consider Extending Local Emergency Declared on May 27, 2021:

City Manager Lopez reported that the Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage. The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to January 12, 2023 Pg. 12
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exist; or, 2) make a finding that a local emergency no longer exists. Staff is recommending the City Council consider the following action by motion:

Councilman Verdugo motioned to approve as recommended, seconded by Councilman Gravelle and motion carried.

Roll Call Vote:

AYES: Verdugo, Gravelle, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: None.

ABSTAIN: None.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reported 1) Holiday Magic/parade - Saturday at 4:30 lineup and Public Works is working extra hard this week.

Also, working on the tree lighting. Hopefully everyone shows up and movies at Theater and, 2) Thanked the City Council for a great year.

Moses Diaz, City Attorney reported the following: 1) Happy Holidays and be safe.

Mayor Preciado reported the following: 1) Thanked Staff and community and attended many meetings and everyone please be safe.

Also, thankful and humbled with all the support for Mayor.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 9:57 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
January 12, 2023 Pg. 13
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: December 8, 2022
RE: Ratify Resolution 2022-69, Accepting the Construction Bid and Awarding for the Active Transportation Project (ATP) Avenal Safe Routes To School State Route 269 Improvement Project.

INFORMATION:

The City Council held a Regular Meeting on December 8, 2022, added an emergency item to consider Accepting the Construction Bid and Awarding for the Active Transportation Project (ATP) Avenal Safe Routes to School State Route 269 Improvement Project, and approved by motion 5-0.

Once the item was approved, City Staff and QK moved forward with awarding the bid to Harris Development Corp dba HBC Enterprises so they can meet the ATP deadlines to proceed with the Skyline SRTS project.

RECOMMENDATION:

By motion, ratify Resolution 2022-69, Accepting the Construction Bid and Awarding for the Active Transportation Project (ATP) Avenal Safe Routes To School State Route 269 Improvement Project.

January 12, 2023 Pg. 14
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629

EMERGENCY ITEM
TO: Honorable Mayor and Council Members
FROM: Kao Nou Yang, Director of Community and Economic Development & Rob Williams, Public Works Director
DATE: December 8, 2022
SUBJECT: CONSIDER ACCEPTING THE CONSTRUCTION BID AND AWARDING

FOR THE ACTIVE TRANSPORTATION PROJECT (ATP) AVENAL
SAFE ROUTES TO SCHOOL STATE ROUTE 269 IMPROVEMENT

PROJECT
BACKGROUND:

On December 8, 2016, The City Council approved Resolution 2016-56 adopting the Avenal Active Transportation and Safe Route to School Plan. This plan allowed for the City to start looking for funding to help with alternative and active transportation as well as creating safe routes for school children walking to and from school. On July 12, 2018, Resolution 2018-36 authorized the submittal of an application for the Active Transportation Project Cycle 4 to Caltrans for the Avenal Safe route to School State Route 269 Improvement Project “Project”.

On March 21, 2019, the City was awarded $537,000.00 for the construction of the proposed Project submitted and then in September of 2020 the city awarded the traffic engineering services to QK. Inc “Consultant” to help with the design and construction document as well as the bidding process and Construction management.

Through two revisions of scope of work with Caltrans the project was officially ready to go out for bidding.

On October 21, 2022, the bid notice was published and posted in the Hanford Sentinel and letters were sent out to potential contractors as well.

On December 1, 2022, Bids were opened at City hall for the Project. The Bid results were as follows:

Company Name Bid Amount
Harris Development Corp dba HBD Enterprises $336,050.00 Bush Engineering (withdrew)
After review of the Bids, The Consultant have reviewed the bid proposal package for Harris Development Corp dba HBC Enterprises and find it to be complete and responsive. The Contractor holds a valid and current license and is registered with the DIR. We recommend that the City Council award the project to the second lowest responsible bidder, Robert Harris, Harris Development Corp dba HBC Enterprises for the amount of $ 336,050.00. (Attachment A)
This item has been reviewed by the Community & Economic Development and Public Works Department.

January 12, 2023 Pg. 15
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629

EMERGENCY ITEM
RECOMMENDATION:

Adopt Resolution No. _________accepting the construction bids and awarding Harris Development Corp dba HBC Enterprises to construct the Avenal Safe Route to School State Route 269 Improvement project.

Authorize the City Manager or designee to sign an agreement and any other documents associated with said project for the construction and implementation of the Avenal Safe Route to School State Route 269 Improvement project.

FISCAL IMPACT:

The ATP project will be fully funded by the ATP Cycle 4 Grant – ATP-06-054R.

January 12, 2023 Pg. 16

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

AUTHORIZING THE CITY

MANAGER TO ENTER INTO AN

AGREEMENT WITH HARRIS

DEVELOPMENT CORP DBA HBC

ENTERPRISES TO COMPLETE

CONSTRUCTION OF THE AVENAL

SAFE ROUTE TO SCHOOL STATE
ROUTE 269 IMPROVEMENT

PROJECT
RESOLUTION 2022-_ __
WHEREAS The bids for the Avenal Safe Route to School State Route 269 Improvement project were opened on December 1, 2022, at 2:00 pm at City Hall; and WHEREAS City Staff and Consultant received two (2) bid proposals the project is for the construction and implementation of the Avenal Safe Route to School State Route 269 Improvement project; and
WHEREAS, the lowest and only bidder was Harris Development Corp dba HBC Enterprises in the amount of 336,050.00.

WHEREAS, the project is scheduled to commence at the beginning of the calendar year January 2023; and
WHEREAS, it is in the best interest of the public for the community’s health and safety to complete this project.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON December 8, 2022, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________ ATTEST: _______________________________ ALVARO PRECIADO, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
January 12, 2023 Pg. 17

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* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found that the foregoing recitals are true.

2. City of Avenal received a grant from Caltrans ATP Cycle 4 for funding said project.

3. The lowest and only bidder was Harris Development Corp dba HBC Enterprises.

4. City Council Authorize the City Manager or designee to sign an agreement and any other documents associated with said project for the construction and implementation of the Avenal Safe Route to School State Route 269 Improvement project does not exceed $379,555.00 with Harris Development Corp dba HBC Enterprises.

5. Authorized the City Manager, and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
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* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

I. Found that the foregoing recitals are true.

2. City of A venal received a grant from Caltrans ATP Cycle 4 for funding said project.

3. The lowest responsible bidder was Harris Development Corp dba HBC Enterprises.

4. City Council Authorize the City Manager or designee to sign an agreement and any other documents associated with said project for the construction and implementation of the A venal Safe Route to School State Route 269 Improvement project does not exceed $379,555.00 with Harris Development Corp dba HBC Enterprises.

Page 2 ends

January 12, 2023 Pg. 42
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. - C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 12, 2023
RE: Ratify Execution of Agreements with Western Area Power Administration (WAPA) for service under the 2025 Power Marketing Plan: Full Load Service Contract 22-SNR-02757; & Scheduling Coordinator Contract 22- SNR-02758
INFORMATION:

For the electrical power at Water Treatment Plant #2, the City contracts with the Federal Government through WAPA for electricity from the Central Valley Project (CVP), which is a series of large dams and hydroelectric generation projects in California. Electricity from these projects has been a major electricity source for Avenal since at least the early 2000s, and since the City has contracted with the U.S. Bureau of Reclamation (USBR). WAPA split off from the USBR in 1977 and has been responsible for delivering CVP power since.

The current WAPA Base Resource contract began in 2005, renewed in 2021, and will expire at the end of 2035. The City’s current contract allocation is 0.04107% of the WAPA Base Resource. The CVP Base Resource has historically been an important low-cost, carbon-free electricity resource for Avenal.

As part of the current contract, the City is required to regularly review and execute agreements that allow WAPA to manage the City’s electrical requirements and communications between the City and PG&E, as well as schedule and coordinate items with the California Independent System Operator. The attached cover letter explains:
“The Full Load Service Contract allows for WAPA to provide Portfolio Management services and make Custom Product Power purchases to meet Avenal’s full electrical requirements at the points of delivery agreed to by Pacific Gas and Electric Company.

The Scheduling Coordinator Contract allows for WAPA to act as Avenal’s scheduling coordinator for all interactions with the California Independent System Operator.” RECOMMENDATION:

In order to meet the original deadline of reviewing and executing the contracts before December 31, 2022, and with no other meetings in 2022, the City Manager executed the contracts on December 28, 2022. WAPA is requesting a resolution formally adopting the contracts be provided before February 28, 2023.

Staff recommends ratifying executing of the two contracts and adopting Resolution 2023-01.

January 12, 2023 Pg. 43
Department of Energy
Western Area Power Administration
Sierra Nevada Region
114 Parkshore Drive
Folsom, CA 95630-4710
Sent Via E-Mail
Mr. Antony Lopez
City Manager
City of Avenal
919 Skyline Boulevard
Avenal, CA 93204-9519
Dear Mr. Lopez:

Enclosed please find the executed contracts listed below between City of Avenal (Avenal) and Western Area Power Administration (WAPA) for service under the 2025 Power Marketing Plan:
• Full Load Service Contract 22-SNR-02757
• Scheduling Coordinator Contract 22-SNR-02758
The Full Load Service Contract allows for WAPA to provide Portfolio Management services and make Custom Product Power purchases to meet Avenal’s full electrical requirements at the points of delivery agreed to by Pacific Gas and Electric Company.

The Scheduling Coordinator Contract allows for WAPA to act as Avenal’s scheduling coordinator for all interactions with the California Independent System Operator.

In order to complete the contracting process, please return the City Council Resolutions adopting the contracts by February 28, 2023, or at the earliest they are available.

If you have any questions, please contact Mr. Josh Blake at [email protected].

Sincerely,
Arun K. Sethi
Vice President of Power Marketing
For Sierra Nevada Region
Enclosures
January 12, 2023 Pg. 44
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE COUNCIL OF

THE CITY OF AVENAL APPROVING

THE EXECUTION OF AGREEMENTS

WITH WESTERN AREA POWER

ADMINISTRATION (WAPA) FOR
SERVICE UNDER THE 2025 POWER
MARKETING PLAN: FULL LOAD
SERVICE CONTRACT 22-SNR-02757; &

SCHEDULING COORDINATOR
CONTRACT 22-SNR-02758; AND
RATIFYING THE CITY MANAGER’S

EXECUTION OF SAID DOCUMENTS
RESOLUTION 2023-
WHEREAS, the City of Avenal (“City”), a municipal utility, is a customer of the Western Area Power Administration (“WAPA”) of the United States Department of Energy; and
WHEREAS, the City’s existing power supply contract with WAPA was renewed on January 2021 into the WAPA 2025 Power Marketing Plan; and WHEREAS, the City, other WAPA customers, and WAPA continue working together to formulate the new Electric Service Base Resource Contract in accordance with the 2025 Power Marketing Plan; and
WHEREAS, the WAPA 2025 Power Marketing Plan asks that the City update and execute a new Full Load Service Contract: 22-SNR-02757; and WHEREAS, the WAPA 2025 Power Marketing Plan asks that the City update and execute a new Scheduling Coordinator Contract: 22-SNR-02758.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON January 12, 2023, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

January 12, 2023 Pg. 45
2 of 2
ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL Hereby:

1. Found the Recitals above are found to be true and correct.

2. Hereby authorizes the City Manager on behalf of the City to execute the attached Contracts: Full Load Service Contract 22-SNR-02757; & Scheduling Coordinator Contract 22-SNR-02758; between the United States Department of Energy, Western Area Power Administration, Sierra Nevada Region, and the City of Avenal.

3. Hereby ratifies the execution of contracts by the City Manager on December 28, 2022.

4. Authorized the City Manager and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
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January 12, 2023 Pg. 46
Contract 22-SNR-02758

UNITED STATES

DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

SIERRA NEVADA REGION

CUSTOM PRODUCT CONTRACT
FOR

SCHEDULING COORDINATOR SERVICES
WITH

CITY OF AVENAL
i
Contract 22-SNR-02758

UNITED STATES

DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

SIERRA NEVADA REGION

CUSTOM PRODUCT CONTRACT
FOR

SCHEDULING COORDINATOR SERVICES
WITH

CITY OF AVENAL
Section Table of Contents Page

1. Preamble .................................................................................................................... 1

2. Explanatory Recitals.................................................................................................. 1

3. Agreement.................................................................................................................. 2

4. Effective Date and Term of Contract ........................................................................ 3

5. Definition of Terms .................................................................................................... 3

6. Scheduling Coordinator Services Provided by WAPA ............................................ 4

7. Scheduling and Metering .......................................................................................... 6

8. Independent System Operator or Regional Transmission Organization ............... 6

9. Scheduling Coordinator Charges and Costs............................................................ 7

10. Creditworthiness ........................................................................................................ 8

11. Billing and Payment of Services Provided Under this Contract .............................. 8

12. Trust Account for Advanced Funds .......................................................................... 9

13. Default Provisions.................................................................................................... 11

14. Indemnification and Liability .................................................................................... 12

15. Enforceability ........................................................................................................... 12

16. General Power Contract Provisions ....................................................................... 12

17. Exhibit Made Part of Contract ................................................................................. 12

18. Execution by Counterparts...................................................................................... 13

19. Electronic Signatures .............................................................................................. 13 Signature Clause
Resolution/Certificate
General Power Contract Provisions (September 1, 2007)
Exhibit A – Scheduling Coordinator Services Charges
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Contract 22-SNR-02758

UNITED STATES

DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

SIERRA NEVADA REGION

CUSTOM PRODUCT CONTRACT
FOR

SCHEDULING COORDINATOR SERVICES
WITH

CITY OF AVENAL

1. PREAMBLE:

This Contract is made this _______________________ pursuant to the Acts of Congress approved June 17, 1902, (32 Stat. 388); August 26, 1937, (50 Stat. 844); August 4, 1939, (53 Stat. 1187); and August 4, 1977, (91 Stat. 565); and Acts amendatory or supplementary to the foregoing Acts; between the UNITED STATES OF AMERICA (United States), acting by and through the Administrator, Western Area Power Administration, Department of Energy, represented by the officer executing this Contract, or a duly appointed successor, hereinafter referred to as WAPA or the Contracting Officer; and CITY OF AVENAL, a municipality, organized under the laws of the State of California, hereinafter referred to as Avenal or the Contractor, its successors and assigns; both also hereinafter referred to individually as Party and together as Parties.

2. EXPLANATORY RECITALS:

2.1 WAPA markets the surplus generation from and operates a high-voltage transmission system as a part of the Central Valley Project (CVP).

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2.2 On August 15, 2017, WAPA’s final 2025 Power Marketing Plan (Marketing Plan) was published in the Federal Register (82 FR 38675). The Marketing Plan provides for WAPA to develop Custom Products for customers who request them.

2.3 Pursuant to the Marketing Plan, WAPA executed Base Resource Contract 20-SNR-02374 (Base Resource Contract) with Avenal on March 2, 2021.

Section 7 of the Base Resource Contract allows for WAPA to develop Custom Products for Avenal.

2.4 Under the Base Resource Contract, WAPA requires that all WAPA power be scheduled in accordance with the applicable balancing authority area operator requirements and that each customer designate a certified Scheduling Coordinator. WAPA is a certified California Independent System Operator (CAISO) Scheduling Coordinator and is offering this service as a Custom Product.

2.5 Avenal has requested that WAPA provide Scheduling Coordinator services, as specified herein, as a Custom Product.

2.6 WAPA is willing to provide Scheduling Coordinator services to Avenal under the terms and conditions of this Contract.

3. AGREEMENT:

The Parties agree to the terms and conditions set forth herein. ///
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4. EFFECTIVE DATE AND TERM OF CONTRACT:

4.1 This Contract shall become effective upon execution by the Parties, and shall remain in effect through December 31, 2029, except as otherwise provided herein.

4.2 The date of initial service under this Contract is December 31, 2024, at 11:59:59 P.M.

4.3 Either Party may terminate this Contract by giving the other Party a one (1) year advance written notice of the requested termination date.

4.4 WAPA may suspend or terminate this Contract pursuant to Section 13 herein.

4.5 WAPA may terminate this Contract upon thirty (30) days advance notice if Avenal ceases to be a WAPA Base Resource customer.

4.6 All obligations incurred under this Contract shall be preserved until satisfied.

5. DEFINITION OF TERMS:

As used herein, the following terms whether singular or plural, or used with or without initial capitalization, shall have the following meanings:

5.1 “Base Resource” means CVP and Washoe Project power (capacity and energy) output, determined by WAPA to be available for Customers, including the Environmental Attributes, only after meeting the requirements of Project Use and First Preference Customers, and any adjustments for maintenance, reserves, system losses, and certain ancillary services.

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5.2 “CAISO” means the California Independent System Operator or its successor.

5.3 “CAISO Tariff” means the California Independent System Operator Agreement and Tariff, conformed as of September 26, 2021, as it may be modified or amended from time-to-time.

5.4 “Custom Product” means a combination of products and services which may be made available by WAPA per customer request.

5.5 “Portfolio Manager” means an entity responsible for determining balanced hourly load and resource schedules for a customer.

5.6 “Scheduling Coordinator” means an entity that is responsible for submitting and modifying bids and interchange schedules and Inter-SC Trades to and settling with the CAISO, in accordance with the protocols specified in the CAISO Tariff.

6. SCHEDULING COORDINATOR SERVICES PROVIDED BY WAPA:

6.1 Avenal hereby authorizes WAPA to act as its Scheduling Coordinator and WAPA shall be responsible for all obligations and duties of a Scheduling Coordinator on behalf of Avenal pursuant to the CAISO Tariff.

6.2 In its capacity as Scheduling Coordinator, WAPA shall use data or other information provided by Avenal’s Portfolio Manager and submit day-ahead schedules to the CAISO, in accordance with the CAISO Tariff, for Avenal’s load.

When WAPA is not Avenal’s Portfolio Manager, and Avenal’s Portfolio Manager does not provide WAPA with day-ahead schedules in accordance with the Contract 22-SNR-02758 5
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CAISO Tariff or other necessary information in a timely manner and prior to the time WAPA submits day-ahead schedules to the CAISO, WAPA will, at its discretion, either: (1) not submit a day-ahead schedule on Avenal’s behalf; or (2) provide a day-ahead schedule based on reasonable estimates. In any case, Avenal shall be responsible for all costs resulting from Avenal’s Portfolio Manager not providing information to WAPA in an appropriate and/or timely manner.

6.3 If WAPA is not Avenal’s Portfolio Manager, WAPA is under no obligation to submit a schedule to the CAISO if the schedule provided by Avenal’s Portfolio Manager is not in accordance with the CAISO Tariff.

6.4 Pursuant to the CAISO Tariff, Avenal’s Portfolio Manager may request an adjustment to Avenal’s day-ahead schedule in the hour-ahead market. If WAPA is not Avenal’s Portfolio Manager, WAPA shall make the adjustment with the CAISO; Provided, That, WAPA receives all information necessary to accommodate the adjustment in a timely manner; Provided Further, That, the requested adjustment does not conflict with existing contractual arrangements between the Parties or the CAISO Tariff.

6.5 WAPA shall receive, validate, and disseminate CAISO data and settlement information to Avenal or its designated representative.

6.6 On a monthly basis, WAPA will develop and transmit statements to Avenal with a breakdown of CAISO charges and credits and any other costs related to Avenal’s CAISO transactions.
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6.7 WAPA shall dispute those CAISO charges related to Avenal’s CAISO transactions that WAPA or Avenal believes to be incorrect and disputable under the CAISO Tariff. If Avenal requests that WAPA dispute a CAISO charge(s), WAPA shall initiate a dispute; Provided, That, WAPA agrees that such charge(s) are incorrect and are disputable under the CAISO Tariff.

6.8 As Avenal’s Scheduling Coordinator, WAPA may be required to provide legal representation on behalf of Avenal in CAISO-related legal proceedings.

Avenal agrees to pay WAPA’s legal fees, and all costs associated with its involvement with any CAISO-related activities that require WAPA’s legal support.

6.9 WAPA may provide additional Scheduling Coordinator-related services as mutually agreed to by the Parties in writing.

7. SCHEDULING AND METERING:

All services provided by WAPA to Avenal under this Contract will be subject to the same Scheduling and Metering terms and conditions as provided under Avenal’s Base Resource Contract with WAPA the same as if they had been expressly set forth herein; Except, That, Avenal shall notify WAPA of any changes in metering devices and their configurations used to meter Avenal’s load within five (5) business days to the extent that Avenal is aware of such changes.

8. INDEPENDENT SYSTEM OPERATOR OR REGIONAL TRANSMISSION ORGANIZATION:

8.1 WAPA is a sub-balancing authority area within BANC. WAPA operates in conformance with its sub-balancing authority area and BANC’s balancing authority area protocols, business practices and procedures. In the event of changes to any protocols, business practices and procedures, WAPA may make Contract 22-SNR-02758 7
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any changes necessary to this Contract to conform to the operating and scheduling protocols, business practices and procedures in accordance with Section 17 of the Base Resource Contract.

8.2 The Parties understand that, in the future, WAPA may also change its operating configuration such as by: (1) joining an independent system operator or RTO; or (2) participating in future markets such as energy imbalance markets; or (3) making system configurations to meet future operating requirements. In such an event, if WAPA is required to conform to the protocols, business practices or procedures, WAPA shall make changes to this Contract to conform to the terms and conditions required by such events in accordance with Section 17 of the Base Resource Contract.

8.3 In the event that: (1) WAPA incurs costs from the balancing authority area, WAPA’s sub-balancing authority area, CAISO, an RTO, or a different balancing authority area for serving Avenal’s load; or (2) Avenal does not abide by the protocols of the balancing authority area, an RTO, or other balancing authority area operator that are applicable to WAPA and WAPA incurs costs as a result, Avenal agrees to pay all such costs attributable to Avenal.

9. SCHEDULING COORDINATOR CHARGES AND COSTS:

9.1 WAPA Charge: The charge, including WAPA’s labor and equipment costs, associated with providing Scheduling Coordinator Services to Avenal under this Contract is specified in Exhibit A attached hereto. Avenal shall pay for such charge as described in Section 11. By August 1st of each year during the term of this Contract, WAPA will review the charge for Scheduling Coordinator Services and, if necessary, will revise Exhibit A to reflect the updated charge for providing this service, and will send Avenal a revised Exhibit A for its signature.

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The revised Exhibit A shall become effective on January 1st of the following year.

If WAPA has not received the signed revised Exhibit A from Avenal by the effective date and has not received a notice of termination from Avenal, WAPA will begin to operate and charge under the revised Exhibit A.

9.2 CAISO Costs: Avenal shall pay all CAISO costs charged by the CAISO for transactions occurring under this Contract. Avenal shall pay for such costs as described in Section 11.

10. CREDITWORTHINESS:

For determining the ability of Avenal to meet its obligations related to service hereunder, WAPA may require reasonable credit review procedures. If WAPA determines that Avenal does not meet WAPA’s creditworthiness standards, WAPA may require Avenal to provide and keep in effect during the term of this Contract, an unconditional and irrevocable letter of credit or an alternate form of security acceptable to WAPA to meet its responsibilities and obligations under this Contract; Provided, That, if WAPA determines that Avenal has maintained a credit history that satisfies WAPA’s requirements for a period of time determined to be sufficient by WAPA, WAPA will discuss with Avenal options regarding the letter of credit or an alternative form of security.

11. BILLING AND PAYMENT OF SERVICE PROVIDED UNDER THIS
CONTRACT:

WAPA will bill, and Avenal shall pay for services provided under this Contract in accordance with the procedures established under either Section 11.1 or Section 11.2, as solely determined by WAPA. If determined necessary by WAPA, WAPA may change the section under which WAPA is billing and Avenal is paying upon sixty (60) days’ notice to Avenal.

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11.1 After-the-Fact Billing: Avenal shall pay WAPA for Scheduling Coordinator Services provided in the previous month as directed on the monthly electric service bill; or

11.2 Advance Funding: WAPA will estimate the initial amount of funds required. The estimate shall initially be based on two (2) months of WAPA’s costs attributable to Avenal for Scheduling Coordinator Services; Provided, That, if WAPA determines at a later date that two (2) months is either less than, or in excess of, the amount that WAPA determines is appropriate to maintain on behalf of Avenal, WAPA will either bill such shortage to Avenal pursuant to Section 12.2.1, or refund such excess to Avenal pursuant to Section 12.2.2.

11.3 The initial advance funding amount shall be due on the date specified on the bill for collection.

11.4 Any alternative method of advance funding shall be set forth in a separate contractual agreement.

12. TRUST ACCOUNT FOR ADVANCED FUNDS:

Avenal understands that it may be required to advance funds to WAPA pursuant to Section 11.2 and this section for services provided under this Contract. This Section 12 provides for establishing and maintaining the trust account(s) required if Section 11.2 is in effect.

12.1 Funds that Avenal advances to WAPA shall be sent in accordance with the information included on the bill(s) for collection or as otherwise directed.

12.2 Avenal shall be required to maintain a balance in the trust account in an amount that WAPA, pursuant to Section 11.2, has determined to be appropriate Contract 22-SNR-02758 10
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to maintain on behalf of Avenal. WAPA shall monitor the account and if WAPA determines that:

12.2.1 There are not sufficient funds in the account, WAPA shall notify Avenal of the shortage in writing and Avenal shall advance the requested amount of funds to WAPA within ten (10) days; or

12.2.2 There are excessive funds in the WAPA trust account, WAPA, at its sole discretion, will either: (1) decrease subsequent amounts required by the amount in excess of the estimate, or (2) return any excess funds to Avenal.

12.3 WAPA will provide Avenal with:

12.3.1 A monthly statement of transactions that were posted to the trust account(s), and the end-of-month balance in the account(s); and,

12.3.2 An electric service bill that will reflect the previous month of WAPA’s costs and the CAISO costs and the amount of advance funding required from Avenal for the costs that WAPA anticipates it will incur while providing Scheduling Coordinator services for the following month.

12.4 Should Avenal be required to maintain a trust account pursuant to Section 11.2, and this Section 12, WAPA shall be under no obligation to provide service under this Contract without Avenal advancing sufficient funds and said funds being available to WAPA from the trust account(s) as described herein.

12.5 Within ninety (90) days after termination of this Contract and after WAPA has determined that all obligations incurred under this Contract have been satisfied, WAPA shall return any funds remaining in its trust account(s) to Avenal without interest.
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13. DEFAULT PROVISIONS:

13.1 The failure of Avenal to perform any of its payment obligations under this Contract shall constitute a default. If WAPA determines Avenal to be in default, WAPA shall notify Avenal, in writing via First-Class mail, return receipt requested, FedEx, UPS or some other method that can be tracked. If Avenal has not cured such default within seven (7) days of receiving the notice of default, WAPA may suspend service under this Contract. Upon receipt of payment of amounts owed, WAPA shall work with Avenal to reinstate service under this Contract as soon as practicable.

13.2 If Avenal is determined to be in default and does not cure such default within forty-five (45) days of receiving the notice of default, WAPA shall have the right to terminate this Contract, and assess damages, as follows:

13.2.1 If WAPA’s aggregate gains exceed its aggregate losses and costs, including obligations incurred on behalf of Avenal that extend past the current month, WAPA, after any set-off, shall make no payment to Avenal and, notwithstanding anything in this Contract to the contrary, the amount by which such gain exceeds the losses and costs for the purposes of this Contract shall be zero (0); or

13.2.2 If WAPA’s aggregate gains do not exceed its aggregate losses, including obligations incurred on behalf of Avenal that extend past the current month, WAPA will promptly calculate the damages associated with the default. As soon as practical, WAPA will provide notice to Avenal of the amount of the damages. Payment for the damages shall be made by Avenal to WAPA within ten (10) business days after such notice is received.
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14. INDEMNIFICATION AND LIABILITY:

Avenal shall at all times indemnify, defend, and save WAPA harmless from any and all damages, losses, claims and actions relating to injury to or death of any person or damage to property, demands, suits, recoveries, costs and expenses, court costs, attorney fees, and all other obligations by or to third parties, arising out of or resulting from WAPA’s performance of its obligations under this Contract on behalf of Avenal, except in cases of negligence or intentional wrongdoing by WAPA. WAPA’s liability shall be determined in accordance with the provisions of the Federal Tort Claims Act, as amended.

15. ENFORCEABILITY:

It is not the intent of the Parties that this Contract confer any rights on third parties to enforce the provisions of this Contract except as required by law or express provision in this Contract. Except as provided in this Section, this Contract may be enforced, or caused to be enforced, only by WAPA or Avenal, or their successors or assigns.

16. GENERAL POWER CONTRACT PROVISIONS:

The GPCP, effective September 1, 2007, attached hereto, are hereby made a part of this Contract, the same as if they had been expressly set forth herein.

17. EXHIBIT MADE PART OF CONTRACT:

Exhibit A (Scheduling Coordinator Services Charges) existing under this Contract may vary during the term hereof. Exhibit A shall become a part of this Contract during the term fixed by its provisions. Exhibit A is attached hereto and shall be in force and effect in accordance with its terms until respectively superseded by a subsequent exhibit. ///
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18. EXECUTION BY COUNTERPARTS:

This Contract may be executed in any number of counterparts and, upon execution and delivery by each Party, the executed and delivered counterparts together shall have the same force and effect as an original instrument as if all Parties had signed the same instrument. Any signature page of this Contract may be detached by any counterpart of this Contract without impairing the legal effect of any signatures thereon and may be attached to another counterpart of this Contract identical in form hereto, by having attached to it one or more signature pages.

19. ELECTRONIC SIGNATURES:

The Parties agree that this Contract may be executed by handwritten signature or digitally signed using DocuSign, Adobe Sign, or Adobe E-Signature. An electronic or digital signature is the same as a handwritten signature and shall be considered valid and acceptable.
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IN WITNESS WHEREOF, the Parties have caused this Contract to be executed the day and year first above written.

CITY OF AVENAL
(Attest) By:

Name:

By: Title:

Name: Address:

Title:

WESTERN AREA POWER ADMINISTRATION
By:

López
Date: 2022.12.28 12:35:27 -08'00' )
Digitally signed by Maria
Angelica Ortiz
Date: 2022.12.28 12:39:34
-08'00'
Maria A. Ortiz
City Clerk
Antony V. López
City Manager, City of Avenal
919 Skyline Boulevard
Avenal CA, 93204

RESOLUTION/CERTIFICATE
OF

CITY OF AVENAL
Exhibit A to Contract 22-SNR-02758 Page 1 of 1
City of Avenal
Exhibit A to
Contract 22-SNR-02758

EXHIBIT A
(Scheduling Coordinator Services Charges)

1. This Exhibit A, to be effective under and as a part of Contract 22-SNR-02758 (Contract), shall become effective upon execution of the Contract; and shall remain in effect until superseded by another Exhibit A or termination of the Contract.

2. The monthly charges for Scheduling Coordinator services are set forth in the tables below. Table 1 sets forth a total monthly base charge applicable to all customers. Tables 2 and 3 set forth additive charges that may be applicable to customers based on schedule changes and additional meters in excess of those allowed for under the base charge.

3. The monthly Scheduling Coordinator services base charge is yet to be determined. Prior to January 1, 2025, WAPA will revise this Exhibit A to include a base charge and update any charges set forth in Tables 2 and 3 below if necessary.

Table 1 – Base Charge
Service Charge
Scheduling Coordinator Services TBD
Schedule Changes (less than or equal to 30 per month) 0.00 Metering Agent (less than or equal to 10 meters) 0.00
Trust Account(s) Administration 0.00
Total TBD
Table 2 – Additional Schedule Changes Charge
Additional Schedule Changes Charge
31 to 50 $ 500.00
51 to 70 [additive to the charge above ($500.00 plus $1,000.00)] 1,500.00 71 to 90 [additive to the charge above ($1,500.00 plus $1,500.00)] 3,000.00 Table 3 – Additional Meter Charge
Number of Meters Charge
11 to 20 $ 500.00
21 to 30 1,000.00
31 to 40 1,500.00
Meters in excess of 41 will cost $500.00 per every 10 meters

Contract 22-SNR-02757

UNITED STATES

DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

SIERRA NEVADA REGION

CUSTOM PRODUCT CONTRACT
FOR

FULL LOAD SERVICE
WITH

CITY OF AVENAL
i
Contract 22-SNR-02757

UNITED STATES

DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

SIERRA NEVADA REGION

CUSTOM PRODUCT CONTRACT
FOR

FULL LOAD SERVICE
WITH

CITY OF AVENAL
Section Table of Contents Page

1. Preamble....................................................................................................................... 1

2. Explanatory Recitals .................................................................................................... 1

3. Agreement .................................................................................................................... 2

4. Effective Date and Term of Contract ........................................................................... 2

5. Definition of Terms ....................................................................................................... 3

6. Custom Product Power Furnished by WAPA ............................................................. 5

7. Delivery Arrangements ................................................................................................ 5

8. Portfolio Manager Services.......................................................................................... 6

9. Internal Generation....................................................................................................... 7

10. Scheduling Coordinator Services ................................................................................ 9

11. Additional Services Necessary to Provide Custom Product(s) .................................. 9

12. Scheduling And Metering............................................................................................. 9

13. Independent System Operator or Regional Transmission Organization................... 9

14. Full Load Service Charges ....................................................................................... 10

15. Creditworthiness......................................................................................................... 11

16. Billing And Payment for Services Provided Under This Contract ............................ 11

17. Trust Account for Advanced Funds ........................................................................... 12

18. Default Provisions ...................................................................................................... 13

19. Enforceability .............................................................................................................. 14

20. General Power Contract Provisions .......................................................................... 15

21. Exhibits Made Part of Contract .................................................................................. 15

22. Execution by Counterparts ........................................................................................ 15

23. Electronic Signatures ................................................................................................. 15 Signature Clause
Resolution/Certificate
General Power Contract Provisions (September 1, 2007)
Schedule of Rates for Custom Product Power
Exhibit A – Full Load Service
Exhibit B – Charges for Portfolio Manager Services
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Contract 22-SNR-02757

UNITED STATES

DEPARTMENT OF ENERGY

WESTERN AREA POWER ADMINISTRATION

SIERRA NEVADA REGION

CUSTOM PRODUCT CONTRACT
FOR

FULL LOAD SERVICE
WITH

CITY OF AVENAL

1. PREAMBLE:

This Contract is made this ____________________ pursuant to the Acts of Congress approved June 17, 1902, (32 Stat. 388); August 26, 1937, (50 Stat. 844); August 4, 1939, (53 Stat. 1187); and August 4, 1977, (91 Stat. 565); and Acts amendatory or supplementary to the foregoing Acts; between the UNITED STATES OF AMERICA (United States), acting by and through the Administrator, Western Area Power Administration, Department of Energy, represented by the officer executing this Contract, or a duly appointed successor, hereinafter called WAPA or Contracting Officer; and CITY OF AVENAL, a Municipality organized and existing under the laws of the State of California, hereinafter referred to as Avenal or the Contractor, its successors and assigns; both also hereinafter referred to individually as Party and together as Parties.

2. EXPLANATORY RECITALS:

2.1 The Parties entered into Base Resource Contract 20-SNR-02374 on March 2, 2021. The Base Resource Contract provides the terms and conditions whereby WAPA will provide Base Resource electric service to Avenal.

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2.2 At times, power provided under the Base Resource Contract will not be sufficient to meet the electrical needs of Avenal at the delivery point(s) specified herein.

2.3 WAPA’s final 2025 Power Marketing Plan, published in the Federal Register on August 15, 2017 (82 FR 38675), provides for WAPA to develop Custom Products for customers who request them. Section 7.7 of the Base Resource Contract allows for WAPA to develop a Custom Product for Avenal.

2.4 Avenal requested a Custom Product in the form of Custom Product Power to meet the load at a specific delivery point(s).

2.5 Avenal also requested WAPA provide Portfolio Manager services.

2.6 WAPA and Avenal recognize that, due to load diversity, there may be benefits to aggregating some Full Load Service Customers’ Base Resource Percentages and Custom Product Power requirements for power purchases; and additional business efficiencies may be realized through consolidation of power scheduling and related activities.

3. AGREEMENT:

The Parties agree to the terms and conditions set forth herein.

4. EFFECTIVE DATE AND TERM OF CONTRACT:

4.1 This Contract shall become effective upon execution by the Parties and shall remain in effect through December 31, 2029, except as otherwise provided for herein.
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4.2 The date of initial service under this Contract is December 31, 2024, at 11:59:59 p.m.

4.3 Either Party may terminate this Contract by giving the other Party a one (1) year advance written notice of the requested termination date.

4.4 WAPA may suspend or terminate service under this Contract pursuant to Section 18.

4.5 WAPA may terminate this Contract upon thirty (30) days advance notice if Avenal ceases to be a WAPA Base Resource customer.

4.6 All obligations incurred under this Contract shall be preserved until satisfied.

5. DEFINITION OF TERMS:

As used herein, the following terms whether singular or plural, or used with or without initial capitalization, shall have the following meanings:

5.1 “Base Resource” means Central Valley Project (CVP) and Washoe Project power (capacity and energy) output, determined by WAPA to be available for Customers, including the Environmental Attributes, only after meeting the requirements of Project Use and First Preference Customers, and any adjustments for maintenance, reserves, system losses, and certain ancillary services.

5.2 “Custom Product” means a combination of products and services which may be made available by WAPA per Customer request.
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5.3 “Custom Product Power” means firm capacity and energy, provided by WAPA, a Customer(s) needs in addition to its Base Resource for use in meeting that customer’s load.

5.3 “Customer” means an entity with a contract and receiving electric service from WAPA’s Sierra Nevada Region.

5.5 “Full Load Service Customer” means a Customer that will have its entire load at its delivery point(s) specified in Exhibit A met by WAPA, and its Portfolio Manager functions for those delivery point(s) performed by WAPA.

5.6 “Internal Generation” means a power resource owned and operated by a Full Load Service Customer and located on its side of the meter within its electric system and its generation output is intended solely to serve the Customer’s load.

5.7 “Portfolio Manager” means an entity responsible for determining balanced hourly load and resource schedules for a Customer.

5.8 “Regional Transmission Organization” or “RTO” means an organization that meets the minimum characteristics and performs the minimum functions specified in Federal Energy Regulatory Commission Order 2000, as that order may be amended or superseded.

5.9 “Scheduling Coordinator” means an entity that is responsible for submitting and modifying bids and interchange schedules and Inter-SC Trades to and settling with the California Independent System Operator (CAISO), in accordance with the protocols specified in the CAISO Tariff. ///
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6. CUSTOM PRODUCT POWER FURNISHED BY WAPA:

6.1 WAPA will provide additional power to those Full Load Service Customers whose loads exceed their Base Resource. WAPA may aggregate the needs of Full Load Service Customers to determine Custom Product Power requirements.

6.2 Custom Product Power provided by WAPA may include long-term, shortterm, day-ahead, and hour-ahead purchases, and/or other arrangements.

6.3 WAPA will provide Custom Product Power to Avenal to serve the load unmet by the power provided under Avenal’s Base Resource Contract. Avenal’s expected annual peak capacity and energy are specified in Section 2 of Exhibit A attached hereto. Avenal shall provide written notification to WAPA of any expected increase or decrease in the capacity and energy amounts specified in Exhibit A. Such notification shall be made as soon as practicable, and no less than ninety (90) days prior to the expected change in the capacity and energy amounts specified in Exhibit A.

7. DELIVERY ARRANGEMENTS:

7.1 WAPA will use best efforts to contract with the appropriate parties for the transmission and distribution service necessary to make Avenal’s Custom Product Power available at the point(s) of delivery specified in Section 4 of Exhibit A. If WAPA is successful in contracting for transmission and distribution on behalf of Avenal, Avenal will be required to execute a third-party transmission contract with WAPA to receive such service.

7.2 In the event that WAPA is unable to secure transmission and distribution service on behalf of Avenal, WAPA will make Avenal’s Custom Product Power available at the point(s) of delivery specified in Exhibit A of Avenal’s Base Contract 22-SNR-02757 6

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Resource Contract. Avenal shall ultimately be responsible for arranging for the transmission and distribution necessary to receive Custom Product Power provided under this Contract to the delivery point specified in Section 4 of Exhibit A.

8. PORTFOLIO MANAGER SERVICES:

8.1 During the term of this Contract WAPA shall serve as Avenal’s Portfolio Manager. In such capacity, WAPA will need load data and other information to determine the power necessary to meet Avenal’s load. If WAPA does not have access to the information it needs, WAPA will request it from Avenal. Avenal shall provide the information within thirty (30) days of a request from WAPA.

Said data may include, but is not limited to, the following:

8.1.1 Historical hourly load data at the delivery point(s) specified in Section 4 of Exhibit A; and

8.1.2 Expected future loads at the delivery point(s) specified in Section 4 of Exhibit A during the term of this Contract.

8.1.3 Internal Generation projections as set forth in Exhibit C, if applicable.

8.2 If requested by WAPA, Avenal will submit to WAPA its annual planned power usage for the upcoming calendar year by October 1 of each year during the term of this Contract. Avenal shall provide the information to WAPA in a format agreed to between the Parties. In addition, Avenal must provide any planned significant changes in its power usage to WAPA in writing not less than ninety (90) days prior to the planned change. WAPA will revise Exhibit A to this Contract to reflect such changes in power usage. The information provided by Avenal will be used by WAPA in determining daily power schedules for Avenal. ///
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8.3 On a daily basis, using the information provided in Sections 8.1 and 8.2, WAPA will determine the power necessary on an hourly basis to fully serve Avenal’s load at the delivery point(s) specified in Exhibit A, as follows:

8.3.1 Using the information as provided in Section 6 of Avenal’s Base Resource Contract, WAPA will determine the hourly use of Avenal’s Base Resource for the day.

8.3.2 If Avenal’s Base Resource does not fully meet Avenal’s forecasted load, WAPA will schedule Avenal’s share of exchange program energy, if any, to serve Avenal’s load.

8.3.3 Once all Base Resource and exchange program energy has been distributed, WAPA will meet Avenal’s unmet forecasted load with Custom Product Power.

8.3.4 Any Base Resource in excess of Avenal’s forecasted load will be retained by WAPA for distribution under the exchange program in accordance with Exhibit B to Avenal’s Base Resource Contract.

8.3.5 After WAPA has determined the resource mix to meet Avenal’s hourly load, WAPA will provide the resource schedules to the balancing authority area operator in accordance with its protocols and as further described in the Scheduling Coordinator Contract.

8.4 WAPA shall not be liable in the event that power and/or transmission is scheduled either in excess of or below that necessary to serve Avenal’s hourly load.

9. INTERNAL GENERATION:

If Avenal currently has Internal Generation or intends to install Internal Generation, Subsections 9.1 and/or 9.2 shall apply to Avenal.
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9.1 Existing Internal Generation: WAPA will integrate Avenal’s Internal Generation into Avenal’s energy portfolio using technical specifications and historical data to forecast load. If requested, Avenal shall provide WAPA with technical and general information about its on-site Internal Generation facility.

The information that may be required is provided below:

9.1.1 Internal Generation Specifications:

9.1.1.1 Type of Internal Generation (solar, wind, other);

9.1.1.2 Exact geographical location of Internal Generation including longitude and latitude;

9.1.1.3 Installed capacity rating in kilowatts;

9.1.1.4 If solar, rating of inverter;

9.1.1.5 Type of solar (stationary or tracking);

9.1.1.6 Type of solar tracking (single-axis or dual-axis tracking);

9.1.1.7 Operational date after installation;

9.1.1.8 Expected yearly loss of capacity due to aging of system after installation; and

9.1.1.9 Other pertinent information as may be required.

9.1.2 Notifications: Avenal shall notify WAPA of any changes to the information in Section 9.1 above, thirty (30) days prior to the operational date of the change.

9.2 New or Increased Internal Generation: Avenal shall notify and coordinate with WAPA on any new Internal Generation planned to be located on its facility.

If requested, Avenal shall provide WAPA with technical and general information as outlined in Section 9.1.1. Exhibit C will set forth any scheduling or other procedures required for integrating Internal Generation into Avenal’s energy portfolio.
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9.3 WAPA shall have no obligation to include Avenal’s Internal Generation in Avenal’s energy portfolio if Avenal does not comply with the requirements set forth in this Section 9.

10. SCHEDULING COORDINATOR SERVICES:

For WAPA to provide Full Load Service as described in this Contract, WAPA must be Avenal’s Scheduling Coordinator. Scheduling Coordinator services will be provided under a separate contract.

11. ADDITIONAL SERVICES NECESSARY TO PROVIDE CUSTOM PRODUCT(S):

Avenal understands that additional services, including but not limited to, scheduling the resource and balancing authority area services may be necessary to provide the Custom Products(s) requested under this Contract. Avenal shall be responsible for all costs incurred by WAPA to provide Full Load Service as specified in this Contract.

12. SCHEDULING AND METERING:

13. INDEPENDENT SYSTEM OPERATOR OR REGIONAL TRANSMISSION ORGANIZATION:

13.1 WAPA is a sub-balancing authority area within BANC. WAPA operates in conformance with its sub-balancing authority area and BANC’s balancing authority area protocols, business practices and procedures. In the event of Contract 22-SNR-02757 10

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changes to any protocols, business practices and procedures, WAPA may make any changes necessary to this Contract to conform to the operating and scheduling protocols, business practices and procedures in accordance with Section 17 of the Base Resource Contract.

13.2 The Parties understand that, in the future, WAPA may also change its operating configuration such as by: (1) joining an independent system operator or RTO; or (2) participating in future markets such as energy imbalance markets; or (3) making system configurations to meet future operating requirements. In such an event, if WAPA is required to conform to the protocols, business practices or procedures, WAPA shall make changes to this Contract to conform to the terms and conditions required by such events in accordance with Section 17 of the Base Resource Contract.

13.3 In the event that: (1) WAPA incurs costs from the balancing authority area, WAPA’s sub-balancing authority area, CAISO, an RTO, or a different balancing authority area for serving Avenal’s load; or (2) Avenal does not abide by the protocols of the balancing authority area, an RTO, or other balancing authority area operator that are applicable to WAPA and WAPA incurs costs as a result, Avenal agrees to pay all such costs attributable to Avenal.

14. FULL LOAD SERVICE CHARGES:

14.1 WAPA Charge: The charge, including WAPA’s labor and equipment costs, associated with providing Portfolio Manager services to Avenal under this Contract is specified in Exhibit B attached hereto. Avenal shall pay for such charge as described in Section 16. By August 1st of each year during the term of this Contract, WAPA will review the charge for Portfolio Manager services and, if necessary, will revise Exhibit B to reflect the updated charge for providing this Contract 22-SNR-02757 11

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service, and will send Avenal a revised Exhibit B for its signature. The revised Exhibit B shall become effective on January 1st of the following year. If WAPA has not received the signed revised Exhibit B back from Avenal by the effective date and has not received a notice of termination from Avenal, WAPA will begin to operate and charge under the revised Exhibit B.

14.2 Custom Product Power Charges: Avenal shall pay for Custom Product Power furnished hereunder in accordance with the rates, charges, and conditions set forth in the CVP Schedule of Rates for Custom Product Power, effective January 1, 2025, or any superseding rate schedules. Avenal shall pay for such charges as described in Section 16.

15. CREDITWORTHINESS:

16. BILLING AND PAYMENT FOR SERVICES PROVIDED UNDER THIS CONTRACT:

WAPA will bill, and Avenal shall pay for services provided under this Contract in accordance with the procedures established under either Section 16.1 or Section 16.2, Contract 22-SNR-02757 12

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as solely determined by WAPA. If determined necessary by WAPA, WAPA may change the section under which WAPA is billing and Avenal is paying upon sixty (60) days’ notice to Avenal.

16.1 After-the-Fact-Billing: Avenal shall pay WAPA for Full Load Service provided in the previous month as directed on the monthly electric service bill; or

16.2 Advance Funding: WAPA will estimate the initial amount of funds required. The estimate shall initially be based on two (2) months of WAPA’s costs attributable to Avenal for Full Load Service; Provided, That, if WAPA determines at a later date that two (2) months is either less than, or in excess of, the amount that WAPA determines is appropriate to maintain on behalf of Avenal, WAPA will either bill such shortage to Avenal pursuant to Section 17.2.1, or refund such excess to Avenal pursuant to Section 17.2.2.

16.3 The initial advance funding amount shall be due on the date specified on the bill for collection.

16.4 Any alternative method of advance funding shall be set forth in a separate contractual agreement.

17. TRUST ACCOUNT FOR ADVANCED FUNDS:

Avenal understands that it may be required to advance funds to WAPA pursuant to Section 16.2 and this section for the services provided under this Contract. This Section 17 provides for establishing and maintaining the trust account(s) required if Section 16.2 is in effect.

17.1 Funds that Avenal advances to WAPA shall be sent in accordance with the information included on the bill(s) for collection and electric service bill, or otherwise directed.

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17.2 Avenal shall be required to maintain a balance in the trust account in an amount that WAPA, pursuant to Section 16.2, has determined to be appropriate to maintain on behalf of Avenal. WAPA shall monitor the account and if WAPA determines that:

17.2.1 There are not sufficient funds in the account, WAPA shall notify Avenal of the shortage in writing and Avenal shall advance the requested amount of funds to WAPA within ten (10) days; or

17.2.2 There are excessive funds in the WAPA trust account, WAPA, at its sole discretion, will either: (1) decrease subsequent amounts required by the amount in excess of the estimate, or (2) return any excess funds to Avenal.

17.3 Should Avenal be required to maintain a trust account pursuant to Section 16.2 and this Section 17, WAPA shall be under no obligation to provide service under this Contract without Avenal advancing sufficient funds and said funds being available to WAPA from the trust account(s) as described herein.

17.4 Within ninety (90) days after termination of this Contract and after WAPA has determined that all obligations incurred under this Contract have been satisfied, WAPA shall return any funds remaining in the trust account(s) to Avenal without interest.

18. DEFAULT PROVISIONS:

18.1 The failure of Avenal to perform any of its payment obligations under this Contract shall constitute a default. If WAPA determines Avenal to be in default, WAPA shall notify Avenal, in writing via First-Class mail, return receipt requested, FedEx, UPS or other method that can be tracked. If Avenal has not cured such default within seven (7) days of receiving the notice of default, WAPA may Contract 22-SNR-02757 14

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suspend service under this Contract. Upon receipt of payment of any amounts owed, WAPA shall work with Avenal to reinstate service under this Contract as soon as practicable.

18.2 If Avenal is determined to be in default and does not cure such default within forty-five (45) days of receiving the notice of default, WAPA shall have the right to terminate this Contract, and assess damages, as follows:

18.2.1 If WAPA’s aggregate gains exceed its aggregate losses and costs, including obligations incurred on behalf of Avenal that extend past the current month, WAPA, after any set-off, shall make no payment to Avenal and, notwithstanding anything in this Contract to the contrary, the amount by which such gain exceeds the losses and costs for the purposes of this Contract shall be zero (0); or

18.2.2 If WAPA’s aggregate gains do not exceed its aggregate losses, including obligations incurred on behalf of Avenal that extend past the current month, WAPA will promptly calculate the damages associated with the default. As soon as practical, WAPA will provide notice to Avenal of the amount of the damages. Payment for the damages shall be made by Avenal to WAPA within ten (10) business days after such notice is received.

19. ENFORCEABILITY:

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20. GENERAL POWER CONTRACT PROVISIONS:

The GPCP, effective September 1, 2007, attached hereto, are hereby made a part of this Contract, the same as if they had been expressly set forth herein.

21. EXHIBITS MADE PART OF CONTRACT:

Exhibit A (Full Load Service), and Exhibit B (Charges for Portfolio Manager Services), existing under this Contract may vary during the term hereof. Each of said exhibits shall become a part of this Contract during the term fixed by its provisions. Exhibits A and B are attached hereto and shall be in force and effect in accordance with its terms until respectively superseded by a subsequent exhibit.

22. EXECUTION BY COUNTERPARTS:

23. ELECTRONIC SIGNATURES:

The Parties agree that this Contract may be executed by handwritten signature or digitally signed using DocuSign, Adobe Sign or Adobe E-Signature. An electronic or digital signature is the same as a handwritten signature and shall be considered valid and acceptable.
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IN WITNESS WHEREOF, the Parties have caused this Contract to be executed the day and year first above written.

CITY OF AVENAL
(Attest) By:

Name:

By: Title:

Name: Address:

Title:

WESTERN AREA POWER ADMINISTRATION
By:

Name: Arun K. Sethi
Title: Vice President of Power Marketing
For Sierra Nevada Region
Address: 114 Parkshore Drive
Folsom, CA 95630-4710
Digitally signed by ARUN SETHI
Date: 2022.12.28 14:25:12 -08'00'
Digitally signed by Maria
Angelica Ortiz
Date: 2022.12.28 12:40:42
-08'00'
Maria A. Ortiz
City Clerk
Antony V. López
City Manager, City of Avenal
919 Skyline Boulevard
Avenal CA, 93204

Digitally signed by Antony V. López
Date: 2022.12.28 12:40:24 -08'00'

RESOLUTION/CERTIFICATE
OF

CITY OF AVENAL
Exhibit A to Contract 22-SNR-02757 Page 1 of 1
City of Avenal
Exhibit A to
Contract 22-SNR-02757

EXHIBIT A
(Full Load Service)

1. This Exhibit A, to be effective under and as a part of Contract 22-SNR-02757 (Contract), shall become effective upon execution of the Contract; and shall remain in effect until superseded by another Exhibit A or termination of the Contract.

2. On the effective date of this Exhibit A, WAPA will serve Avenal’s load up to 2,100,000 kWh per year, at a maximum rate of delivery of 825 kW.

3. Power provided under this Contract will be delivered to the point(s) specified in Exhibit A of Avenal’s Base Resource Contract.

4. If WAPA is able to contract with the Pacific Gas and Electric Company (PG&E) for transmission and distribution, and Avenal executes a contract with WAPA for thirdparty transmission service, WAPA will provide power to Avenal at the point at which Avenal’s electric system is connected to PG&E’s electric system.

5. All power deliveries provided under this Contract shall be adjusted for the applicable transformation and transmission losses.

Exhibit B to Contract 22-SNR-02757 Page 1 of 1
City of Avenal
Exhibit B to
Contract 22-SNR-02757

EXHIBIT B
(Charges for Portfolio Manager Services)

1. This Exhibit B, to be effective under and as a part of Contract 22-SNR-02757 (Contract), shall become effective upon execution of the Contract; and shall remain in effect until superseded by another Exhibit B or termination of the Contract.

2. The monthly charge for Portfolio Manager (PM) services is yet to be determined (TBD). Prior to January 1, 2025, WAPA will revise this Exhibit B to include the monthly PM services charge.

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. C
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 12, 2023
RE: Updates Regarding City Warrants, and Financial Statements INFORMATION:

Warrants & Financial Statements:

As the Council is aware, City Staff is working with Price Paige & Company to help clean and organize the City’s financial books and bring all its numbers to actuality. Over the past few months, the Finance Department has worked closely with PP&C to provide all necessary information. The hope was to have an update and caught up on warrants and financial statements by the end of 2022, but many factors hindered PP&C from completing these tasks
City Staff spoke to Josh Giosa, partner at PP&C who indicated they would provide a memo updating progress and current timeline for completing tasks for the City, as well as bank statements and General Ledger to show the current status January 12, 2023 Pg. 47
ITEM 7 A-1

COMMUNITY

ACTIVITIES DEPT
Event Updates
• GrinchMás Parade/ Tree Lighting, Dec 10th – Despite the horrible weather (wind was so awful) we managed to still have the Parade. We had 11 Parade entries. Pastor Ted opened with a Community Prayer, Avenal Assembly of God Church came out to sing a few carols and Mayor/ City Manager lit the Christmas Tree. After the tree lighting, we headed to the Theater where we showed a Christmas Movie.
• Santa Pictures / Toy Giveaway at Theater – It was a great turnout. We had over 120 children come and take pictures with Santa and receive a toy. Toys were sponsored by Rent- a-Toilet. • Rudy Salas Drive-Thru Toy Giveaway – Over 200 Children received Toys. • Dia de los Reyes Magos – Was held Friday Jan 6th at Veterans Hall. Over 270 children received toys. Families were able to sit down outside and eat food. This was all sponsored by the Fresno Area Hispanic Foundation. Special Thanks to our Public Works department for always being there to help setup/break down 😊
Future Events
• February – Winter Flea Markets at Vets Hall – February 4th (event pending on Vendors) • Dinner/ Movie at Theater – Feb 11th
Community Garden Updates
• Restroom - Waiting on a quote- I have reached out several times to company and haven’t heard back. Rob is trying to make contact as well.

Programs/ Classes
• Zumba – Mon, Wed and Friday – 7pm-8pm
• Veterans Hall – Community open space /Senior Center – Tuesdays /Wednesdays 2pm-4pm TO:

FROM:

PREPARED BY:

DATE:

RE:

INFORMATION:
7300 CODE ENFORCEMENT:

AGENDA ITEM NO. 7. A. -1)
City of A venal
Honorable Mayor & City Council
Antony V. Lopez, City Manager
Rob Williams, Public Works Director
January 9, 2023
Public Works Monthly Report December 2022
Code Enforcement continues property and weed abatements. Staff continues to work with the citizens regarding water waste, with the rain some people need a reminder. Code Enforcement is continuing to monitor the condition of the horses with Animal Control. They are continuing to work flex hours for illegal venders and yard sales.

SEE ATTACHED REPORT.
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Spo11 Complex, the Ken Brown Public Safety Center, and Elliott Parle Staff made sure things looked good for the tree lighting. We are continuing to keep two (2) restrooms open at Rice Park. 9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter with animals rescued weekly. Staff continues to work with Corcoran and Animal Rescue. They continue to have good success getting animals rescued.

SEE ATTACHED REPORT.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. Staff continues to work with the City Engineer on the South Seventh St. project. With the well needed rain Staff is making sure the storm drains stay clear of debris and flooded signs are in place.
14100 WATER DISTRIBUTION:

Staffcontinues to work with the City Engineer for the 18" water transmission replacement. We continue to review submittals from the contractor for the fittings and other parts for the project. Staff and the Contractor attended a pre-construction meeting with the environmental consultant so construction can stm1 when the weather permits. Staff repaired three (3) water leaks on the 18" main, one in November and two in December. Staff continues to maintain and repair the distribution system. Staff is also reviewing water Meter boxes and preparing a plan to repair as needed.
15000 WASTEWATER COLLECTIONS:

Staff continues to repot1 monthly to Regional Water Quality Control Board regarding overflows. There were two (2) sewer plugs in November and two (2) in December. Staff is continuing the enzyme treatment for grease.
18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:

Staff continues to maintain city-owned property, vehicles, and equipment. Staff completed smog checks on the vehicles that were due. Staff continues monthly/quarterly reporting to SJV APCD.

January 12, 2023 Pg. 48
Monthly Report
December 2022
Vehicle Abatements
Total of Vehicles Tagged (private property) 00
City of Avenal Abatements 00
Voluntary Abetments 00
Pending 00
Property Abetments
Mailed Abetments 18
Courtesy Verbal Abetments 13
Courtesy Door Hangers 20
Abetments Completed 43
Pending 08
Miscellaneous Complaints
Illegal Business/Expired License 02
Stop Work/No Permit 00
Illegal Occupancy 02
Illegal Venders 03
Complaints Received 05
*Phone 03
*Walk In 00
Miscellaneous Inspections 23
Miscellaneous Meetings 02
Recycling Control 03
Graffiti Control 03
Water Waste Control (verbal and/or citations) 02
Weed Abatement (properties posted for cleanup) 00
Weed Abatement (completed) 00
Illegal Yard Sales/No Permits 03
Notes: Illegal Vendors are still trying to come into town. They appear to come late afternoons and weekends or holidays. CE was able to flex hours and catch a few. One was repeat offender selling corn. Corn was confiscated and properly disposed (in trash bin). Now that it is colder, Staff is finding homeless in empty homes. One was under HWY 269 and had a small fire going. Illegal yard sales, one customer having a yard sale on Sunday and permit was for Thursday, Friday and Saturday.

January 12, 2023 Pg. 49
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: Decemnber 1, 2022 to December 31, 2022
Total Dogs 70
RETURNED TO OWNER 2
ADOPTED 1
DIED IN SHELTER 0
EUTHANIZED 1
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 36
DOGS RESCUED 30
DOG BITE(S) 0
CITATIONS 0
COMPLAINTS 0
DOOR HANGERS 0
CATS DETAINED 9
EUTHANIZED 0
RESCUED 9
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 1
Cats 4
Other Animals Deceased 1
Animal Control Activity Report
City Of Avenal
Animal Control Activity Report
December 1, 2022
January 12, 2023 Pg. 50
To: Rob Williams, Public Works Director
From: Raul Valadez, Animal Control Department
For: December 1, 2022 to December 31, 2022
Total Dogs 59
RETURNED TO OWNER 1
ADOPTED 0
DIED IN SHELTER 0
EUTHANIZED 1
ESCAPED FROM SHELTER 0
REMAINING IN SHELTER 27
DOGS RESCUED 30

DOG BITE(S)
CITATIONS 0
CATS DETAINED 0
EUTHANIZED 1
RESCUED 0
REDEEMED 0
ADPOTDED 0
Roosters/Chickens/Owls/Turtles, etc. 0
Deceased Animals
Dogs 1
Cats 9
Other Animals Deceased 0
Animal Control Activity Report
City Of Corcoran
Animal Control Activity Report
December 1, 2022
January 12, 2023 Pg. 51
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
“Pistachio Capital of the World” “Oasis in the Sun – Gateway to the Coast” AGENDA ITEM NO. 7 A. - 2
TO: The Honorable Mayor and City Council
FROM: Humberto Bermudez, IT Manager
DATE: January 9th, 2023
RE: Information Technology Monthly Report November-December Report 2022 CURRENT PROJECTS:

Phone System: Awaiting Avaya’s expiration. Working with AT&T to begin consolidating phone numbers.

Emails: On hold until support reaches back out with a solution.

Server:
-On December 16th, Avenal City Hall terminated the IT Support Services contract with Kings County IT.
-Active Directory Login Services across computers
-Self-reconstructing data pools for both operating system and network shares. -VPN Services for remote work and data transfer
-Migration of data from Kings County’s storage servers to our own -Granular user/group permissions for data access for storage (I.E Utility Billing users have complete access to Billing documents, City Clerk does not have access to Information Technology, all users have read-only access to Archives, a folder containing past council packets, resolutions, and other relevant documents)
-Office Staff has been quick to learn the new system and are equally as quick to point out issues that are corrected as they come.
-UPS Battery Backup system reinforced from 32Ah to 497Ah, maintaining our network for an estimated complete business day on the backup. The server has been moved over to the backup as well.

Total runtime unknown but is estimated to last a complete workday minimum. -Non-mobile workstations are now equipped with UPS units to prevent immediate shutoff in the event of weather-related outages with enough time to prepare a generator for said units.

Clerk Software: Staff fills in to complete other departmental duties.

Other:

Staff:
-Prepares audio equipment for Kings Street
-Introduces ourselves to our new Verizon Representatives and explain our needs. -Reopen the conversation with CivicReady, Alertwire, and Everbridge about community communications (Texting, emails, etc.), staff turnover has restarted progress -Begin the process of migrating over the Police Department’s Apple Developer Account away from ex-Chief Stiver’s account over to Cpt. Lujan.
-Assists with Operation Gobble on November 22nd
-Continues to work with KCAG to allow regular remote viewing and participation of their monthly meetings
-Continues to maintain the city website and provide tech support across all facilities.

January 12, 2023 Pg. 52
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 7. B-1

7. B
Special
Presentations/Reports:

California Department
of Insurance:

Richie M Sayavong
Associate Governmental
Program Analyst
January 12, 2023 Pg. 53

CALIFORNIA DEPARTMENT

OF INSURANCE
Richie M Sayavong
Outreach Analyst
January 12, 2023 Pg. 54

PRESENTATION OVERVIEW
• California Department of Insurance (CDI)
• California Law
• California’s Low Cost Auto Insurance Program
(CLCA)
• How to Qualify & How To Apply
• How You Can Partner with CDI & CLCA
• Q&A
January 12, 2023 Pg. 55

CALIFORNIA DEPARTMENT OF

INSURANCE (CDI)
• Regulate all lines of insurance
• Regulate Insurance Companies, Agents, &
Brokers
• California is the largest insurance market in
the U.S.
ü $340 billion collected annually in
premiums
• Protect Consumers from Fraud and Abuse
January www.insurance.ca.gov 12, 2023 800-927Pg. -4357 56

CALIFORNIA DEPARTMENT OF

INSURANCE CONTACT INFORMATION
www.insurance.ca.gov 800-927-4357
• Insurance Questions or Problems
www.insurance.ca.gov
800-927-4357
January 12, 2023 Pg. 57
• All drivers must have proof of
financial responsibility
• Liability Insurance
• Penalties of driving without
insurance

CALIFORNIA LAW
January 12, 2023 Pg. 58

CLCA PROGRAM OVERVIEW
• California Low Cost Auto Insurance Program established in 2000
• CLCA provides affordable, low cost Liability Insurance • CLCA is a state program
• Goal: To decrease the number of uninsured drivers
January 12, 2023 Pg. 59
Be at least
16 years old
Meet Income
Guidelines
Vehicle Value
$25,000 or Less
Valid CDL/
AB60 for
Undocumented
Drivers
*Can’t have bad driving record for past 3 years
HOW DO YOU QUALIFY?
January 12, 2023 Pg. 60
Base: Good Drivers with 3+ yrs
30%: Single drivers 19-24 yrs
40%: Drivers less than 3 yrs
100%: Drivers 16-18 yrs
1 person - $33,975
2 people - $45,775
3 people - $57,575
4 people - $69,375

STATEWIDE COVERAGE & RATES
January 12, 2023 Pg. 61
• Valid Driver’s License/AB 60
• Valid registration
• Proof of income
• Down payment – 20% of annual
premium
WHAT DO YOU NEED TO APPLY?
January 12, 2023 Pg. 62
•Only need one of the following:
•Paycheck stub, W-2, 1099
•SSI statement, etc.
•Currently enrolled in other state, county programs:
•CalFresh, CalWorks, MediCal/Medicaid, CA Lifeline
•Complete list is available at mylowcostauto.com

PROOF OF INCOME
January 12, 2023 Pg. 63
•Apply at MyLowCostAuto.com
•Take the Eligibility Questionnaire
•Application process is 100% online
•Chat is available M-F 8am – 4pm
•Website and Chat are available in English
and Spanish
•Call 866-602-8861

HOW TO APPLY
January 12, 2023 Pg. 64
And please
refer us to
any
collaborative
group or
partners that
serve low to
moderate
income
households
Let us
present to
your staff or
community
group
Invite us to
community
outreach
events in your
area
Share CLCA
through your
website and
social media
platforms
Help us
disseminate
CLCA
educational
materials in
your
community

HOW YOU CAN PARTNER WITH

CDI & CLCA
January 12, 2023 Pg. 65

HOW YOU CAN PARTNER WITH

CDI & CLCA
For more information about CLCA visit:

Mylowcostauto.com
866-602-8861
Questions or Problems with Insurance?
insurance.ca.gov
Consumer Hotline 800-927-4357
Thank You!
www.insurance.ca.gov 800-927-4357
QUESTIONS?
January 12, 2023 Pg. 66
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López
DATE: January 12, 2022
RE: Consider Annual Review of Development Impact Fees (DIF), DIF Capital Improvement Plan, and Review of Funds and Balances for FY 2020/21 INFORMATION:

Pursuant to Government Code Section 66000, and as per City Ordinance No. 2006-02, it states that (except for the first year), no later than six (6) months following the end of each fiscal year, a report shall be prepared for the City. Council identifying the balance of Development Impact Fees in the various categories established, (CIP as established in 2006 Study), the facilities constructed and the facilities to be constructed. The annual report provides beginning and ending balances of each program, amount collected, interest earnings, transfers/disbursement information and any other relevant findings for each category.

As part of the annual reporting requirement, the City is required to make available certain information pertaining to the fees, plans for the use of fees, transfers or loans, etc. to the public prior to review by the City Council. Such information has been provided and was noticed and made available to the public within the timeline required. Said information is located at City Hall and available Monday- Friday during regular business hours.

At a noticed public hearing, the City Council shall review the report and the Development Impact Fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities (including vehicles and equipment) are still needed. Changes can also be considered during this time.

At this time, due to the pending audit, no purchases/changes, transfers or amendments were made during this reporting period. Note: for FY 2021-2022, no changes were made to the fee schedule for Development Impact Fees.

At this time, staff recommends, by Resolution, that the City Council consider making the following findings:

1. Development Impact Fees continue to be reasonably related to the impact of development; and

2. Described public facilities are still needed.

January 12, 2023 Pg. 67
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A
RECOMMENDATION:

1. Open Public Hearing

2. Discussion/Action: Adopt Resolution 2022-02
FISCAL IMPACT:

Required annual review and update of DIF.

January 12, 2023 Pg. 68
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF AVENAL

DECLARING, ACCEPTING AND

APPROVING THE ANNUAL REVIEW

AS REQUIRED PERTAINING TO

DEVELOPMENT IMPACT FEES,

UPDATED CAPITAL IMPROVEMENTS

PLAN AND FEE BALANCES, AND

FURTHER, MAKING THE FINDINGS

THAT THE FEE AMOUNTS CONTINUE

TO BE REASONABLY RELATED TO

THE IMPACT OF DEVELOPMENT AND

THE DESCRIBED PUBLIC FACILITIES
ARE STILL NEEDED.

RESOLUTION 2023-__02__
WHEREAS, due to the continued growth and associated growth impacts within the City, the City Council approved the undertaking of a Development Impact Fee Study which was drafted and completed in 2006; and
WHEREAS, Ordinance No. 2006-02 was adopted followed by the establishment of Development Impact Fees (DIF); and
WHEREAS, as per codes/regulations, except for the first year, a report shall be prepared for the City Council identifying the balance of the Development Impact Fees in the various categories established; review of the Capital Improvement Plan (CIP established in the Study); the facilities constructed and the facilities to be constructed; and
WHEREAS, at a noticed public hearing, the City Council shall review the report and fees to determine whether the fee amounts continue to be reasonably related to the impact of development and whether the described public facilities are still needed; and WHEREAS, as part of the annual reporting requirement, the City is required to make available certain information pertaining to the fees, plans for the use of fees, transfer or loans, etc., to the public; and
WHEREAS, the City Council must review the same information at its next regularly scheduled public meeting but not less than 15 days after the statements are made public.

UPON MOTION OF COUNCIL MEMBER ______ , SECONDED BY
COUNCIL MEMBER _______ , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL REGULAR MEETING HELD ON JANUARY 12, 2023, BY THE FOLLOWING VOTE:

January 12, 2023 Pg. 69
2 of 2
AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Alvaro Preciado, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL
* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found the foregoing recitals to be true, correct and incorporated herein;

2. The City has provided and made available to the public, the required information pertaining to Development Impact Fees, plans for the use of fees, transfer or loans, etc.

3. At a duly noticed public hearing held on January 12, 2022, the City Council reviewed the report identifying the balance of Development Impact Fees in the various categories established; the updated Capital Improvement Plan; the facilities constructed; the facilities to be constructed; (inter-fund transfer or loans made from the account or fund; and, amount of refunds or allocations (none at this time).

4. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.

BE IT FURTHER RESOLVED, after review of the report and considering comments made during the public hearing, the City Council of the City of Avenal does hereby make the following findings:

1. That the Development Impact Fees continue to be reasonably related to the impact of development; and

2. That the described public facilities are still needed. * * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc January 12, 2023 Pg. 70
Exhibit B
FY 20/21
Fee Schedule
Park Impact Fee
Housing
Unit Type Parkland
Community
Centers and
Recreational
Facilities
Park
Amenities
Park
Vehicles
And
Equipment
Impact
Fee
Study Total
Single
Family
$359.22 $892.14 $148.69 $25.09 $76.33 $1,501.47
MultiFamily
(per unit)
$288.17 $714.50 $119.75 $19.75 $60.54 $1,202.71
General Government Impact Fee
Single Family Residential $752.67 Per Housing Unit
Multi-Family Residential $602.66 Per Housing Unit
Commercial Shopping Center – 25,000
Square Feet or Less
$273.68 Per 1,000 Square Feet
Commercial Shopping Center – 25,001 to
50,000 Square Feet
$235.53 Per 1,000 Square Feet
Commercial Shopping Center – 50,001 to
100,000 Square Feet
$205.27 Per 1,000 Square Feet
Commercial Shopping Center -100,001 to
200,000 Square Feet
$183.60 Per 1,000 Square Feet
Commercial Shopping Center – 200,001 to
400,000 Square Feet
$164.48 Per 1,000 Square Feet
Office/Institutional 10,000 Square Feet or less $368.44 Per 1,000 Square Feet Office/Institutional 10,001 to 25,000 Square
Feet
$342.12 Per 1,000 Square Feet
Office/Institutional 25,001 to 50,000 Square
Feet
$317.00 Per 1,000 Square Feet
Office/Institutional 50,001 to 100,000 Square
Feet
$303.96 Per 1,000 Square Feet
Office/Institutional 100,001 to 200,000 Square
Feet
$297.38 Per 1,000 Square Feet
Business Park $260.56 Per 1,000 Square Feet
Light Industrial $190.80 Per 1,000 Square Feet
Warehousing $105.27 Per 1,000 Square Feet
Manufacturing $147.38 Per 1,000 Square Feet
January 12, 2023 Pg. 71
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629

DEVELOPMENT IMPACT FEES
ANNUAL REPORT FOR FY 2021/2022
AS PER GOVERNMENT CODE SECTION 66006
As per Government Code Section 66006, the City of Avenal is required once each year within 180 days of the close of the fiscal year, to make available to the public information relating to Development Impact Fees.

The following information is being provided by the City of Avenal regarding the Development Impact Fees collected and their use/activity from July 1, 2020 - June 30, 2021:

1. A copy of the Development Impact Fee schedule is attached.

2. A copy of the beginning and ending balances of the accounts/fund is attached.

3. A copy of the total amount of fees collected and interest earned is attached.

4. No Development Impact Fee funds were budgeted to complete any new public improvements or purchase of public vehicles/equipment during FY 2020/21.

Approximate date for improvements/purchases will depend on need and the sufficiency of funds each year. The Capital Improvement Plan for improvements/purchases is a five (5) year plan which was updated, supported and approved through December 2020.

5. No inter-fund transfers or loans were made from the accounts/fund during FY 2020/21.

6. No refunds or allocations were made during FY 2020/21 NOTICE/POSTED DATE: December 21, 2022
January 12, 2023 Pg. 72
Department
Carry Over
Balance FY 12/13 FY 13/14 FY 14/15 FY 15/16 FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 Account
Balances
General Fund:

City Council:

Large Digital Sign $ 51,708.00 $ (51,708.00) $ (40,000.00) $ (40,000.00) General Svcs.

Software Upgrade/Main System $ 42,500.00 $ (42,500.00) $ - Recreation
Facilities Improvements $ (824.32)
& Equipment $ 106,582.04 $ (5,570.00) $ (6,650.00) $ 18,000.00 $ (20,000.00) $ (24,751.93) $ (2,256.50) $ 8,673.95 $ (5,855.34) $ (50,000.00)
Parks
Parks Improvements &
Restrooms $ 43,041.89 $ 50,000.00 $ (93,041.89) $ -
Animal Control
Equipment $ 11,300.00 $ 5,000.00 $ (16,300.00) $ -
Public Works/Shop
Vehicle Replacement Fund $ 77,610.35 $ (26,560.00) $ (33,315.00) $ (17,735.35) $ - Machinery $ 20,000.00 $ (20,000.00) $ -
Police Department
Vehicle Replacement Fund $ 50,000.00 $ (50,000.00) $ -
Enterprise Fund:

Water Treatment Department
Tank 4 Project $ 443,286.30 $ (443,286.30) $ -
Equipment $ - $ 48,000.00 $ 47,000.00 $ (38,988.66) $ (30,430.00) $ (60,787.02) $ (9,764.00) $ 8,030.32 $ (53,000.00) $ 66,000.00 $ 40,000.00
Wastewater Collection Department
Sewer Lines Infras: $ 9,500.00 $ 20,000.00 $ 20,000.00 $ (45,668.42) $ 3,831.58 Wastewater Treatment
Auger Monster $ 50,000.00 $ 12,000.00 $ (34,075.00) $ 12,000.00 $ (23,587.00) $ 18,338.00 $ 2,000.00
Clarifier $ 5,000.00 $ 5,000.00
Scum Mixer & Rail $ - $ 6,500.00 $ (6,500.00) $ 6,000.00 $ (6,000.00) $ - Rebuild Aerator $ 7,500.00 $ (5,280.00) $ 2,220.00
Interest $ - $ 340.28 $ 218.35 $ 1,260.72 $ 22.52 $ 3.77 $ 2.11 $ 1,847.75 Total: $ 835,528.58 $ (18,630.00) $ (454,826.30) $ - $ 220,851.62 $ (187,478.76) $ (364,231.44) $ (23,277.98) $ 6,093.85 $ 816,898.58 $ 362,072.28 $ 362,072.28 $ 582,923.90 $ 395,445.14 $ 31,213.70 $ 7,935.72 $ 7,939.49 $ 7,941.60 $ 7,941.60 $ 7,941.60 "EXHIBIT A"
As of June 6, 2019
City of Avenal
Capital Improvement Project
Fund 75
January 12, 2023 Pg. 73
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 9. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 12, 2023
RE: Consider Extending Local Emergency Declaration (COVID-19) INFORMATION:

On March 24, 2020, the Avenal City Council adopted Resolution No. 2020-14 declaring a Local Emergency due to the existence or threatened existence of a local emergency: COVID 19 pandemic. On October 17, 2022, Governor Newsom announced that the COVID-19 emergency will end on February 28, 2022. After that point, Staff recommends ending the Local Emergency Declaration.

The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists.

On October 28, 2021, the Avenal City Council adopted Resolution No. 2021-48 to satisfy AB 361 in order to continue Teleconferenced Meetings. AB 361 provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules
• The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures.

At this time, staff is recommending the City Council consider the following action by motion:

RECOMMENDATION:

Discussion/Action.

FISCAL IMPACT:

None.

January 12, 2023 Pg. 74
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 12, 2023
RE: Consider Extending Local Emergency Declaration (Water) INFORMATION:

On May 27, 2021, the Avenal City Council adopted Resolution No. 2021-23 declaring a Local Emergency due to the existence or threatened existence of a local emergency: Severe Water Shortage.

The declaration is required to be reviewed to consider the following action: 1) reaffirm that a local emergency continues to exist; or, 2) make a finding that a local emergency no longer exists.

As of May 18, 2022, USBR has conditionally allocated 2,000 acre feet of water to the City of Avenal as Public Health & Safety use. On average in the last few years, the City has utilized roughly 2,300 acre feet of water under Tier III drought emergency conditions. As the City continues growing and new houses being build, 2,000 acre feet of water may not be enough and additional water may be need.

By continuing the local emergency due to drought conditions, this action helps to show the Bureau that the City takes the drought emergency seriously and helps them accommodate the necessary Public Health & Safety water needs to the City.

Staff is recommending the City Council consider the following action by motion:

RECOMMENDATION:

Discussion/Action.

FISCAL IMPACT:

None.

January 12, 2023 Pg. 75
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 9.- C.

TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 12, 2023
RE: Consider Creation of Finance Manager Position
INFORMATION:

As the Council is aware, the City continues to suffer staffing shortages and additional more complex workload with constant state reporting requirements and human resources procedures that require more time. The City’s Finance Department is the Director of Administrative Services, who serves as the HR Director, RISK Manager, and Finance Director, and the Finance Assistant. Whenever one or both of these employees are out, work piles on and it is hard to catch back up.

Other cities, like City of Coalinga, have a staff of five employees who all help manage accounts payable, accounts receivable the general ledger, budgets, and audits.

Avenal is in desperate need of additional help in the finance department as it finally weeds through years of delayed audits and financial statements which has impacted the City’s ability to quickly make decisions and take action on opportunities, like refinancing the City’s bonds.

RECOMMENDATION:

Attached is the job description for this new position, which will be partially through ARPA funds that were reserved for the Human Resources Assistant ($10,000), and then paid for with the additional revenues expected from Sales Tax dollars of Measure A starting in April.

Recommend by Resolution, approve establishing one Finance Manager, Full-Time Position.

January 12, 2023 Pg. 76
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

THE CITY OF AVENAL IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Revised 01/09/2023
Finance Manager
SALARY RANGE K: 5,489.48 to 6,672.49 Monthly
UNDER DIRECTION OF: DIRECTOR OF ADMINISTRATIVE SERVICES AND CITY MANAGER GENERAL DESCRIPTION & RESPONSIBILITIES:

Under general direction, plans, organizes, directs, and supervises the Finance Division of the Administrative Services Department; coordinates activities with other divisions/departments, internal and external customers, auditors, and other stakeholders; performs and reviews advanced level analytical and professional accounting work; manages compliance with applicable laws and regulations regarding financial reporting requirements; and performs other duties as assigned.

The Finance Manager assists in planning, supervising and coordinating the City's fiscal and accounting activities including:

Management Functions
Manages, directs, and organizes projects, activities, and resources for the City's accounting, purchasing, utility billing, business license, accounts receivable/payable, grants, payroll, and other related finance functions for the City; formulates and/or assists in the development of priorities for the division that are in alignment with the City's vision, goals and objectives; recommends for hire, mentors, supervises, and evaluates division personnel; provides professional development and mentoring; provides clear goals and objectives for performance; promotes continuous improvement processes for the advancement and training of all levels of staff and to meet the needs of internal and external customers; and ensures staff is working as an effective overall team.

Financial Management
• Financial accounting and reporting; internal controls; internal auditing; management of financial software systems; payroll processing; administration of the City’s business license function; billing and collection of locally-administered taxes and fees.
• Establish selection criteria, interview, select, train, evaluate and supervise all City professional, paraprofessional and clerical fiscal and accounting staff. • Assist in preparing of the City's annual financial report(s); oversee annual independent audit; and interface with independent auditor(s).

January 12, 2023 Pg. 77
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

THE CITY OF AVENAL IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Revised 01/09/2023
• Assist in preparing or coordinate the City’s annual budget; prepare related presentations and budget documents; and provide quarterly or periodic financial updates. • Develop or assist in the development of financial studies, plans, forecasts, estimates, and financerelated ordinances and resolutions. • Gather, interpret, and prepare data for studies, reports and recommendations. Serve as financial advisor to the Director of Administrative Services, the City Manager and other City staff. • As requested, make related presentations to City Council, committees and commissions and represent the City at finance-related events.
• Prepare and issue RFP for Audit services when needed. • Automate accounting functional sections to complement new accounting system. • Streamline Purchasing process city wide.
• Update Internal Control Policy for GAAP/GASB compliance. • Enhance Financial Reporting City-Wide.
• Update Fiscal Sustainability Plan.

Administrative Functions
Recommends and implements section goals and objectives; establishes performance standards, guidelines, and methods; develops benchmark standards for performance; manages and monitors the department’s activities for compliance with federal and state regulations; develops, implements, and administers current and new policies, procedures, and programs for the Finance Department; participates in departmental and City-wide committees; coordinates activities with other departments as well as external customers; administers and monitors contracts and reviews work for City compliance; implements, administers, and manages maintenance of automated software systems related to operations; administers outside contracts; prepares a variety of analyses and reports on operations and activities; administers and monitors the division budget; and provides support in the implementation of accounting standards requirements and creation of procedures.

DESIRABLE QUALIFICATIONS:

Four years of progressively responsible professional accounting and finance experience including two years of supervisory and administrative experience. Public agency experience is highly desirable.

MINIMUM QUALIFICATION:

EDUCATION: Possession of a baccalaureate or higher academic degree in accounting or business administration with an accounting concentration.

EXPERIENCE: Minimum of three years' experience in governmental finance and accounting at a high management or supervisory level. Typical duties to satisfy this qualification would have included, but not be limited to: hiring & evaluation of accounting and financial professional and para-professional staff; direct January 12, 2023 Pg. 78
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

THE CITY OF AVENAL IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Revised 01/09/2023
supervision of other professional and/or management staff; extensive interaction with elected and high-ranking appointed public officials; overall responsibility for preparation of governmental financial reports in accordance with Generally Accepted Accounting Principles; superior verbal and writing skills.

SPECIAL REQUIREMENTS: 1) Must possess and have a valid Class “C” California Driver’s License is required. A current DMV printout may be required prior to appointment. 2) Extensive experience in the design, evaluation, selection, installation, set-up and maintenance of computer hardware and software applications, including stand-alone personal computers, network systems and modular financial and accounting software systems. Experience and demonstrable competence with other computer application software such as word processors, databases and spreadsheets. 3) Ability to qualify for security clearance through a background investigation including fingerprint check.

KNOWLEDGE OF:

Extensive knowledge of and experience with accounts receivable, accounts payable, purchase order, and payroll systems and the demonstrated ability to oversee and supervise technical and clerical staff performing those duties.

SKILLS:

Ability to exercise good judgment in analyzing and solving problems; Establish and maintain good working relationship; show independence in carrying out instructions, help maintain good records and reports, communicating effectively both orally and in writing with individuals as well as groups; ability to communicate and explain building techniques and technical terms to the general public, staff and Council. Bilingual is preferred but not required.

PHYSICAL DEMANDS AND WORK ENVIRONMENT:

The physical demands described herein are those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is frequently required to sit and talk or hear, use hands and fingers to handle or feel objects, tools or controls; and reach with hands and arms. The employee is occasionally required to walk. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus.

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job in an office environment. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

The noise level in the work environment is usually quiet to moderate.

January 12, 2023 Pg. 79

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

ESTABLISHMENT OF A FINANCE

MANAGER UNDER THE FINANCE

DEPARTMENT
RESOLUTION 2023-_03_
WHEREAS, the City Council of the City of Avenal (“City”) desires to consider information and recommendations from the City Manager pursuant to Avenal Municipal Code § 2-4.108(d) pertaining to reorganization and creation of employment positions; WHEREAS, City desires to create new Finance Manager employment position to assist with carrying out the lawful business of the City under the control, oversight and direction of the relevant department head(s), and it is in the best interest of the City to create such new employment position; and
WHEREAS, City desires to see the Finance Manager assist the Finance Director in oversight of business licenses, accounts payable and receivable, audits, the budget, payroll, and utility billing; and
WHEREAS, it is the intent of the City Council to create the permanent full-time employment position and approve the job announcement and details thereof.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON January 12, 2023, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ,
City Clerk

CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
January 12, 2023 Pg. 80

Page 2 of 2 ends

* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found that the foregoing recitals are true;

2. Approved and adopted the employment opportunity announcement in ATTACHMENT A;

3. Approved the creation of a full-time employment positions and classifications within the Finance Department which shall be governed by the opportunity announcement in ATTACHMENT A for the Finance Manager position;

4. Unless a budget amendment is necessary, in which case it shall be added to a future Council meeting agenda, the new employment positions created by this resolution shall be considered funded under the ARPA Funds and General Fund with additional revenues expected from Measure A; and

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A.

TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 12, 2023
RE: Consider Creation of Building Inspector Position
INFORMATION:

When adopting the FY 2022/2023 Budget, Staff advised council on the creation of a building department line item for Personnel, with the intent of creating and adopting the Building Inspector position in 2022, adding $59,500 to the departments budget.

The purpose of brining an in-house building inspector is to reduce the cost to the City for building inspections by having Wildan consultants process them. Wildan charges travel milage, time, and a higher rater, at limited hours throughout the week. An in-house building inspector would be more flexible to work with the community’s hours and at a reduced cost to the City.

RECOMMENDATION:

Attached is the job description for this new position, which will be funded through the FY 2022/2023 Building Department Personnel budget, which was approved.

Recommend by Resolution, approve establishing one Building Inspector, Full-Time Position, in the Building Department under the Community Development Department.

FISCAL IMPACT:
$59,500 was allocated to the Building Department, Personnel Budget, of which was anticipated saving from moving away from Wildan. Any costs not spent on Wildan will be moved to this budget, or vice-verse depending when a building inspector is hired and ready to handle inspections.

January 12, 2023 Pg. 82
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

THE CITY OF AVENAL IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Revised 01/09/2023

BUILDING INSPECTOR
SALARY RANGE G: 4,257.67 to 5,175.23 Monthly
UNDER DIRECTION OF: CITY BUILDING OFFICIAL AND COMMUNITY & ECONOMIC DEVELOPMENT DIRECTOR GENERAL DESCRIPTION & RESPONSIBILITIES:

The Building Inspector will be under direct and general supervision of the City Building Official and the Director of Community and Economic Development. The Building Inspector will be responsible for inspecting new and existing buildings and structures to enforce conformance to building, grading, and zoning laws and approve plans, specifications, and standards per the California Building Code Title 24.

EXAMPLE OF DUTIES: Duties include but are not limited to those described below. Reasonable accommodations will be made when requested and determine by the city to be appropriated under applicable laws. • Perform field inspections of building construction, plumbing, mechanical, electrical, and photovoltaic installations in residential, commercial, industrial, or public buildings to ensure compliance with the pertinent codes, ordinances, and regulation.
• Inspects new and existing buildings and structures to enforce conformance to building, grading, and zoning laws as well as the approved plans, specifications, and standards. • Inspects residential, commercial, industrial, and other buildings during and after construction to ensure components such as footings, floor framing, completed framing, chimneys, stairways meet provisions of building, grading, zoning, and safety laws and approved plant, specification, and standards:
• Perform office building plan checks of structures and explain and interpret the requirements and restrictions to contractor, builder and/ or public.
• Investigate violation of building and zoning laws and determine appropriate corrective action to be taken per the California Building Code and City’s Zoning Ordinance. • Research and offer information to the public regarding building, mobile home installations, and zoning requirements if applicable.
• Assists in the program to abate substandard and dangerous buildings in accordance with existing codes and regulations
• Keeps inspection records and prepare reports for use by administrative or judicial authorities • Conduct and inspect surveys of existing buildings to determine lack of prescribed maintenance house violation and or hazardous conditions.
• Investigate and assist in prosecuting housing and zoning violations.

January 12, 2023 Pg. 83
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

THE CITY OF AVENAL IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Revised 01/09/2023
DESIRABLE QUALIFICATIONS:

Especially important traits are the ability to learn quickly and use skills and knowledge brought about by rapidly changing information and technology. Knowledge about the California Building Code and any local ordinances and or state regulations. Preferable the ability to be resourceful, independent, and the desire to take on new challenges are highly valued. Spanish Speaking is highly preferred but not required.

MINIMUM QUALIFICATION:

EDUCATION: Completion of the twelve (12) grade or equivalent. (Additional qualifying experience may be substituted for the required education on a year for year basis) EXPERIENCE: 1) At least two (2) to four (4) years of the building trade i.e., construction, civil, electrical, mechanical, etc. or an equivalent position with a public agency or private inspection firm. 2) Bilingual, Spanish speaking, is preferred but not required.

SPECIAL REQUIREMENTS: 1) Must possess and have a valid Class “C” California Driver’s License is required. A current DMV printout may be required prior to appointment. 2) A valid Certificate in Building Inspector or Plans Examiner issued by the International Code Council (ICC) is required (additional classes will be offered through the years to keep certificate up to date) 3) Ability to qualify for security clearance through a background investigation including fingerprint check.

KNOWLEDGE OF:

Building tools and materials, accepted safety standards and methods of building construction; And related codes and ordinances enforceable by the city, including the California Building Code, Building Ordinance, Zoning Ordinance, electrical codes and health and safety codes; safe work practices and safety equipment; And basic computer equipment and operations.

SKILLS:

Ability to exercise good judgment in analyzing and solving problems; Establish and maintain good working relationship; show independence in carrying out instructions, help maintain good records and reports, communicating effectively both orally and in writing with individuals as well as groups; ability to communicate and explain building techniques and technical terms to the general public, contractors, developers, builders etc. Bilingual is preferred but not required.

January 12, 2023 Pg. 84
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
ALL FULL-TIME EMPLOYEES ARE REQUIRED TO HAVE A VALID CONTACT TELEPHONE.

EMPLOYEES SHALL WORK HARMONIOUSLY WITH ALL CITY EMPLOYEES.

THE CITY OF AVENAL IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Revised 01/09/2023
PHYSICAL DEMANDS AND WORK ENVIRONMENT:

Requires the ability to frequently walk, reach with hands and arms, climb or balance, stoop, kneel, crouch or crawl. Requires the ability to frequently lift and or move up to twenty pounds and occasionally lift and or up to twenty-five pounds. Requires the ability to walk on joints and narrow beams, walk on roofs, climb scaffolds and ladders, and crawl in confined areas and attics. Requires the ability to speak clearly to adequately convey the technical information on building and zoning codes regulations and ordinances. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus.

Work is performed in the office, outdoors, and driving environments in varying temperatures with continuous contact with staff and the public. Work may involve stressful situations and include dealing with angry or confrontational behaviors. The ability to speak calmly to the public in regards of their violation and or building permit information is necessary.

January 12, 2023 Pg. 85

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

ESTABLISHMENT OF A BUILDING

INSPECTOR POSITION UNDER THE

COMMUNITY DEVELOPMENT

DEPARTMENT
RESOLUTION 2023-_04_
WHEREAS, the City Council of the City of Avenal (“City”) desires to consider information and recommendations from the City Manager pursuant to Avenal Municipal Code § 2-4.108(d) pertaining to reorganization and creation of employment positions; WHEREAS, City desires to create new Building Inspector employment position to assist with carrying out the lawful business of the City under the control, oversight and direction of the relevant department head(s), and it is in the best interest of the City to create such new employment position; and
WHEREAS, City desires to see the Building Inspector manage the majority of building inspections in the City of Avenal as required by the Building Department, where not requiring special expertise or large scale projects outside the means of the City; and WHEREAS, it is the intent of the City Council to create the permanent full-time employment position and approve the job announcement and details thereof.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON January 12, 2023, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:
,
AVENAL
MARIA A. ORTIZ,
City Clerk

CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
January 12, 2023 Pg. 86

Page 2 of 2 ends

* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found that the foregoing recitals are true;

2. Approved and adopted the employment opportunity announcement in ATTACHMENT A;

3. Approved the creation of a full-time employment positions and classifications within the Avenal Police Department which shall be governed by the opportunity announcement in ATTACHMENT A for the Building Inspector position;

5. Authorized the City Manager, City Clerk and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
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Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL

A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF

AVENAL CONSENTING TO

RELEASE BUSH ENGINEERING,
INC. OF ITS DECEMBER 1, 2022

AVENAL SAFE ROUTES TO
SCHOOL SR 269 BID
RESOLUTION 2023-_ 05__
WHEREAS, The bids for the Avenal Safe Route to School State Route 269 Improvement project were opened on December 1, 2022, at 2:00 pm at City Hall; and WHEREAS, City Staff and Consultant Quad Knopf Inc. received two (2) bid proposals the project is for the construction and implementation of the Avenal Safe Route to School State Route 269 Improvement project; and
WHEREAS, on December 5, 2022 Bush Engineering, Inc., requested to withdraw its submitted bid from consideration to the project due to a clerical error; and WHEREAS, on December 23, 2022 CalTrans, through its District 6 Local Assistance Office, (“State”) who is funding the project indicated the State’s satisfaction with the City’s bidding process and authorized the City to release Bush Engineering, Inc., from its bid without any impact on the State grant funding or the project; and WHEREAS, in reliance upon the State’s decision, the City Council now desires to grant consent to release Bush Engineering, Inc. from its bid.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON January 12, 2023, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________ ATTEST: _______________________________ ALVARO PRECIADO, Mayor

CITY OF AVENAL
MARIA A. ORTIZ, City Clerk

CITY OF AVENAL

Page 2 of 2 ends

* * * * * * * * * * * * * * * * * *
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

1. Found that the foregoing recitals are true.

2. Accepted Bush Engineering, Inc’s. (“Bush”), request to withdraw its December 1, 2022 Avenal Safe Route to School State Route 269 Improvement bid, and granted consent to release Bush from its bid obligations for said project.

3. Authorized the City Manager, and all relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
EMERGENCY ITEM 10-D

Page 1 of 1 ends

STAFF REPORT
AGENDA ITEM: Consider awarding a contract to supply and install a battery energy storage system at Wastewater Treatment Plant to R&D Electric.

MEETING DATE: January 12, 2023
PREPARED BY: Alfonso Manrique, AM Consulting Engineers
RECOMMENDATION:

AM Consulting Engineers recommends that the City of Avenal City Council award the supply and installation of a Battery Energy Storage System at the Wastewater Treatment Plant (WWTP) to R&D Electric for a total bid amount of $3,745,250. This is an emergency item as the project has been delayed multiple times and the supplier must secure the equipment as soon as possible to avoid further delays to the project and meet the grand deadlines for the project. Staff was made aware of this information and the State’s willingness to provide additional funding after the agenda and packet had been finalized.

BACKGROUND:

In August 2017, the City submitted an application to the State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) for the construction of a Solar PV System at the City’s WWTP. In July 2019, the City executed a funding agreement for a CWSRF Construction Grant for the construction of the Solar PV System at the WWTP. AM Consulting Engineers prepared procurement documentation for the Solar PV System. The project was awarded to Kuykendall Solar.

During the solar interconnection application process, the City found that PG&E’s grid that supplies power to the WWTP is at full capacity and export of solar energy would not be allowed. In order for the Solar PV System to work, there is a need to install a Battery Energy Storage System (BESS) to store excess Solar PV energy and release it during times when the solar system is not producing.

DISCUSSION:

AM Consulting Engineers worked with Tesla to determine the size of a battery that would be able to store most of the energy produced by the Solar System. AM Consulting Engineers prepared a bid solicitation package to supply and install a BESS at the WWTP. One bid was opened and read aloud at 2:00 p.m. on December 14, 2022. The bid amount submitted by R&D Electric was $3,745,250. AM Consulting has reviewed the bid from R&D Electric and confirmed that the bid is complete and the contractor is qualified for this project.

FISCAL IMPACT:

The total bid is in excess of the CWSRF grant awarded to the City. However, the SWRCB has indicated that additional funding can be provided to fund the BESS. Therefore, there will be no Fiscal impact to the City’s sewer fund.

ATTACHMENTS:

1. R&D Electric.

RESOLUTION NO. 2023-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENAL AWARDING CONTRACT

FOR THE SUPPLY AND INSTALLATION OF A BATTERY ENERGY STORAGE SYSTEM AT

THE WASTEWATER TREATMENT PLANT TO R&D ELECTRIC FOR A TOTAL BID AMOUNT OF $3,745,250
WHEREAS, the City of Avenal operates a Wastewater Treatment Facility (WWTF) to treat and dispose of the waste generated within the City; and
WHEREAS, the City of Avenal has received a Clean Waste State Revolving Fund (CWSRF) Grant to construct a solar photovoltaic system at the City’s WWTF to power the facility; and WHEREAS, the electrical grid that supplies power to the WWTP is at capacity and PG&E does not allow any energy produced by the Solar PV System to be exported; and WHEREAS, a Battery Energy Storage System is necessary to store excess solar PV energy to be used during times when solar is not producing; and
WHEREAS, the City solicited bids for the supply and installation of a battery energy storage system (BESS) to be installed at the WWTP; and
WHEREAS, R&D Electric submitted a bid in response to the City’s solicitation for an amount of $3,745,250; and
WHEREAS, the SWRCB has confirmed that additional funding will be provided to cover the cost of the BESS; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avenal hereby resolves as follows:

1. The above recitals are true and correct and are adopted as the findings of the City Council.

2. Upon the recommendation of the Project Engineer, the bid for the Battery Energy Storage System at Wastewater Treatment Plant is hereby awarded to R&D Electric in the amount of Three million seven hundred forty five thousand two hundred and fifty Dollars and Zero Cents ($3,745,250.00).

3. That the City Clerk shall certify to the adoption of this Resolution and that the same shall be in full force and effect.

Passed and adopted the 12th day of January 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Alvaro Preciado, Mayor of the City of Avenal
ATTEST:

I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Avenal this 12th day of January 2023.

Maria Ortiz, City Clerk of the City of Avenal

AVENAL STATE PRISON
EVENTS OF 2022
CITIZEN’S ADVISORY COMMITEE
MARCH 2022
u ASP Warden (A) Martin Gamboa and CRM Dee Lovette expressed their love for the community of Avenal by visiting the Avenal Elementary School to read to students as part of the Read Across America Campaign.

Warden (A) Gamboa read Dr. Seuss’, “There’s a Wocket in my Pocket,” to one of the First Grade Classes, while CRM Dee Lovette read Dr. Seuss’, “The Tooth Book,” to one of the Third Grade classes.

It was difficult to tell who enjoyed the experience more as the smiles from both sides of the book were apparent, even behind the masks.

APRIL 2022
u The ASP CRM Office organized a book donation fundraiser for the first grade classes in Kettleman City and the City of Avenal. In April of this year, donations of new and gently used books were delivered to some of the First Graders at Kettleman City Elementary, Tamarack Elementary School and Avenal Elementary School. On May 12th, thanks to additional donations, the remaining seven First Grade classes were provided with books for each student. This is an event created by the ASP CRM Office and our local community of Avenal, designed to give back and help our local community. Seeing the smiles on the student’s faces is enough motivation to make this a yearly tradition.

AUGUST 2022
u Crafting for the Community is not just the name of the program, but also the act of service Avenal State Prison’s (ASP) population are providing. Crafting for the Community participants design and crochet stuffed toys which eventually end up in the arms of children. Looking for ways to serve the community, Dee Lovette, Community Resources Manager, turned her focus toward children by partnering with Kings County Human Services Agency. When children are removed from homes, they are given stuffed animals, providing comfort. There are hundreds of children in care who need loving homes. These children are all emotionally impacted. Therefore, the stuffed animals comfort as well as provide a sense of support and stability.
u To take the best care of children in their custody, a collaborative effort is made involving:
u mental health
u schools
u hospitals
u law enforcement.
u “This agency can’t survive without community support and appreciate the collaboration with Avenal State Prison,” said Sequoia Battiest, Social Service Supervisor.

SEPTEMBER 2022
u Avenal State Prison delivered much-needed supplies to the Reef-Sunset Unified School District. u A multi-week long back-to-school drive, organized by Community Resources Manager (CRM) Dee Lovette, found staff gathering supplies ranging from notebooks and crayons to backpacks and construction paper.
u The CRM and staff then drove to each school, delivering the supplies to surprised and thankful staff and students.
u “Donation drives like this give our staff an opportunity to give back to our community. It is humbling to know Avenal staff played a small part in giving the children the necessary tools to start their school year,” said Lovette.
u The donations were well received.

OCTOBER 2022
u Avenal State Prison (ASP) welcomed staff and their families to its Family Night and First Car, Truck and Bike Show-and-Shine which included a Trunk-or-Treat.

ASP welcomed approximately 300 staff and family members to a night of fun, food and entertainment.
u There were 30 cars displayed at the car show to include a custom Peterbilt big rig provided by Heet Trucking. ASP staff provided various Halloween themed-custom booths. They included Nursing, ISU, CRT, IST, Personnel, and Records, as well as representatives from Kaiser and AFLAC. u The Halloween-themed night came with plenty of entertainment including music, car clubs from around the central valley, photo booth, snow cones, popcorn, hot dogs and cotton candy for everyone. The event also included a costume contest, car show contest and multiple games for the children.
u ASP families also were treated to a tour of a facility yard within the prison where Avenal/Pleasant Valley Crisis Response Team 8 performed a demonstration for the attendees. u Those who attended had nothing but great things to say and expressed their appreciation for a great family night.
u The event was made possible thanks to donations from the Employee Action Committee, Correctional Chicano Workers Association, Rugged Car Club and ASP staff members.

OCTOBER 2022
u For the first time since the pandemic, Avenal State Prison hosted an Open Enrollment Health & Wellness Fair, which also promoted Our Promise. u The Oct. 14 event allowed staff to learn about their open-enrollment options, speak with health and wellness vendors and others.
u Those attending included the California Correctional Peace Officers Association, United Healthcare, Aflac, Butler’s Uniform, Savings Plus and Kaiser Permanente. Other popular vendors included The Sweet Crumb, The Cupcake Route, and Keanu’s Hawaiian Barbecue.

DECEMBER 2022
u The Avenal team has been working hard through community collaboration. u CDCR seeks to hire a diverse group of correctional officers over the next year. CDCR is specifically looking for individuals inspired by making a positive difference in the lives of others while helping carry out the department’s rehabilitative and public safety missions.
u The ability to recruit from the area is important for the Avenal prison recruitment team since members were raised locally. u This gives a whole new meaning to giving back when you are able to assist members of the community facilitate their way through the hiring process. Over the last few months, the Avenal State Prison Recruitment Team has been busy throughout the Central Valley. u The team has attended various events such as:
u National Night out at the Lemoore Naval Air station
u Lemoore High Schools Career fair
u Community Career Fair at Hanford Civic Auditorium
u Avenal Police Departments Community First Responder Appreciation day u Career day at Avenal High School
u West Hills College Career Fair in Firebaugh
u Mid-State Fair
u Kern County Fair
u Orange Grove High School’s Career and College Fair
Community Donations of 2022
u The ASP Inmate population were able to practice acts of charity, by donating proceeds through food sales on their facilities. With food sales from restaurants like Boston Pizza and KFC etc., the inmate population raised money for a number of organizations. Bringing the grand total of donated monies to $24,108.50. u Facility A- $1,730.40 to Special Olympics of Northern CA, $1,124.80 to Central Ca Family Crisis & $1,859.70 to Central Valley Veterans u Facility B- $3,266.10 to Veteran’s Transitions Support & $3,974.80 to Boys and Girls Club of Fresno County u Facility C- $1,033.40 to St. Jude’s Research Hospital & $1,998.80 to Barbara Saville Shelter(KCAO)
u Facility D- $2,173.20 to Barbara Saville Shelter(KCAO) u Facility E- $2,603.20 to Hanford Youth Baseball & $2,484.40 to Lemoore Youth Soccer
u Facility F- $1,859.70 to Central Valley Veterans

City Council/Successor Agency/Public Finance AuthorityJanuary 12, 2023

City Council/Successor Agency/Public Finance Authority
January 12, 2023