Agenda — City Council/Successor Agency/Public Finance Authority, January 11, 2024

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
January 11, 2024; 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: None
LAST ORDINANCE: 2022-06 CITY LAST RESOLUTION: 2023-46
(SA) LAST RESOLUTION: 2023-02 PFA LAST RESOLUTION: 2023-01 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. 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:

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

Party with whom negotiating: CrisCom Company. Instructions to negotiator concerning: Terms of Payment.

2. Property Description: APN: 038-290-028-000 Negotiator(s): City Manager/City Attorney Party with whom negotiating: Ross Family Properties LLC. Instructions to negotiator concerning: Terms of Payment.

3. Property Description: APN: 040-165-007 Negotiator(s): City Manager/City Attorney/CrisCom.

Party with whom negotiating: County of Kings/State of California. Instructions to negotiator concerning:

Terms
B. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Positions of:
• Chief of Police
• Community & Economic Development Director

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 jurisdiction 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.

Special presentation: APD Courage to Lead award – Officer José Gonzalez García.

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 14, 2023.

B. Consider “Crossroads” Traffic Records Software Purchase Approval.

C. Consider Authorization to Sign MOU with Kings Community Action Organization (KCAO) for Use of Avenal Veterans' Memorial Hall.

D. Ratify Resolution 2023-46: Entering into an Agreement with A&M Consulting Engineers for On-Call Engineering Services (revised language).

January 11, 2023 Pg. 1

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

A. Discuss Legislative Priorities for the 2024 Legislative Session (Discussion/Action).

7. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Public Works/Code Enforcement/Animal Control Departments Activity Report: Scott Davis, Public Works Supervisor.

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

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

B. Special Presentations/Reports:
1) None.

8. PUBLIC HEARING(s):

A. Consider Close-Out of the 2020 CDBG Grant (20-CDBG-CV-2-3-0053). a. Staff Report
b. Public Hearing
c. Discussion/Action

9. OLD BUSINESS:

A. None.

10. NEW BUSINESS:

A. Consider Approval of Municipal Solid Waste Collection Agreement between the City of Avenal and MidValley Disposal, LLC, and adjacent services (Resolution 2024-01).

B. Consider Approving the Recognized Obligation Payment Schedule FY 24-25 for July 2024 through June 2025 (Resolution 2024-02): (Discussion/Action).

11. CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

Any Council member may request an item be placed on a future agenda, provided that a simple majority also support adding said item. Discussion or action on any item not on the current agenda is strictly prohibited. Closing comments are intended for Council members to report attendance of any special events and pertinent information back to the public.
• 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 8, 2024.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
January 11, 2023 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 11 de enero de 2024; 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 usando el ID de reunión 872 4344 0488 para unirse.

Sesión de estudio: Ninguna
ÚLTIMA ORDENANZA: 2022-06 ÚLTIMA RESOLUCIÓN DE LA CIUDAD:
2023-46
(SA) ÚLTIMA RESOLUCIÓN: 2023-02 ÚLTIMA RESOLUCIÓN DE LA PFA:
2023-01
AGENDA

1. LLAMADO AL ORDEN Y JURAMENTO A LA BANDERA:

2. PASE NOMINAL: 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 ser elegidos para el Concejo Municipal. No reciben ninguna otra compensación por ser miembros de la Agencia Sucesora.

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

Es la intención de este órgano rector reunirse en sesión 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 Cerrada.

A. Conferencia con Negociador(es) de Bienes Raíces ( 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 con respecto a la compra, venta, intercambio o arrendamiento de bienes inmuebles por o para esta agencia de la siguiente manera:

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

Parte con quien negociar: Empresa CrisCom. Instrucciones al negociador relativas a: Condiciones de pago.

2. Descripción de la propiedad: APN: 038-290-028-000 Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad
Parte con quien se negocia: Ross Family Properties LLC. Instrucciones para el negociador con respecto a:

Condiciones de pago.

3. Descripción de la propiedad: APN: 040-165-007 Negociador(es): Administrador de la Ciudad/Abogado de la Ciudad/CrisCom.

Parte con la que se negocia: Condado de Kings/Estado de California. Instrucciones al negociador relativas a:

Términos
B. Personal (Código de Gobierno §54957(b)).

Considere la Evaluación del Desempeño de los Empleados Públicos para los Puestos de:
• Jefe de Policía
• Director de Desarrollo Económico y Comunitario

4. COMENTARIOS PÚBLICOS/ANUNCIOS Y APARICIONES NO PROGRAMADAS:

Cualquier persona puede dirigirse directamente al Concejo/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 jurisdicción del Ayuntamiento/Agencia Sucesora. La ley estatal prohíbe que cualquier miembro del Consejo/Agencia comente o actúe sobre asuntos que no estén en la agenda. Se permiten tres (3) minutos por persona.

Presentación especial: Premio APD Courage to Lead – Oficial José González García.

5. CALENDARIO DE CONSENTIMIENTO:

Todos los elementos enumerados en el calendario de consentimiento son rutinarios y se promulgan mediante una moción: (Acción).

A. Considere la aprobación de las actas de la Ciudad de Avenal/Agencia Sucesora para el 14 de diciembre de 2023.

January 11, 2023 Pg. 3
B. Considere la aprobación de compra del software "Crossroads" Traffic Records.

C. Considere la autorización para firmar un memorando de entendimiento con la Organización de Acción Comunitaria Kings (KCAO) para el uso del Salón Conmemorativo de los Veteranos de Avenal.

D. Ratificar la Resolución 2023-46: Celebrar un Acuerdo con A&M Consulting Engineers para Servicios de Ingeniería de Guardia (texto revisado).

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

A. Discutir las prioridades legislativas para la sesión legislativa de 2024 (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: Scott Davis,
Supervisor de Obras Públicas.

2. Reporte de Actividad del Departamento de TI: Humberto Bermúdez, Gerente de TI.

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

B. Presentaciones/Informes Especiales:
1) Ninguno.

8. AUDIENCIA(s) PÚBLICA(s):

A. Considere el cierre de la subvención CDBG 2020 (20-CDBG-CV-2-3-0053). a. Informe del personal
b. Audiencia Pública
c. Discusión/Acción

9. NEGOCIOS ANTIGUOS:

A. Ninguno.

10. NUEVOS NEGOCIOS:

A. Considerar la Aprobación del Acuerdo de Recolección de Desechos Sólidos Municipales entre la Ciudad de Avenal y Mid-Valley Disposal, LLC, y los servicios adyacentes (Resolución 2024-01).

B. Considerar la aprobación del Programa de Pago de Obligaciones Reconocidas para el año fiscal 24-25 para julio de 2024 hasta junio de 2025 (Resolución 2024-02): (Discusión/Acción).

11. CORRESPONDENCIA/ANUNCIOS/COMENTARIOS DE CIERRE:

Cualquier miembro del Consejo podrá solicitar que un tema se incluya en un orden del día futuro, siempre que una mayoría simple apoye también la adición de dicho tema. Queda terminantemente prohibido debatir o actuar sobre cualquier tema que no figure en el orden del día actual. Los comentarios finales tienen la intención de que los miembros del Consejo informen al público sobre la asistencia a cualquier evento especial y la información pertinente. • Próximos y futuros puntos del orden del día a tener en cuenta. • Correspondencia/Anuncios/Información/Comentarios finales.

12. APLAZAMIENTO:
1) De conformidad con la Ley de Estadounidenses con Discapacidades, si necesita asistencia especial para participar en esta reunión, comuníquese con la Oficina del Secretario Municipal al (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 [Concejo/Autoridad] después de la distribución del paquete de la agenda están disponibles para inspección pública en la oficina de [Secretarios Municipales] en 919 Skyline Blvd., Avenal, CA 93204 durante el horario comercial normal.

Certifico que esta Agenda del taller del Concejo Municipal 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 8 de enero de 2024.
__ /s/ María Ortiz
María Ortiz, Secretaria Municipal
January 11, 2023 Pg. 4

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
DECEMBER 14, 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.

MINUTES
CALL TO ORDER & PLEDGE OF ALLEGIANCE: by Mayor Preciado at 5:15 p.m.

ROLL CALL: Councilmen’s: Ricardo Verdugo, Mayor Pro Tem Alejandro Ramirez Pablo Hernandez, Mayor Alvaro Preciado.

ABSENT: Councilmen Lou Gravelle.

STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Williams, Lujan, Pelletier, Yang.

LEGAL COUNCEL: Moses Diaz.

CITY CLERK:

The City Council went into Closed Session at 5:17 p.m.

CLOSED SESSION: (City/Successor Agency):

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

1. Property Description: APN: 040-320-009-000; & 040-320-014-000 Negotiator(s): City Manager / City Attorney. Party with whom negotiating: CrisCom Company. Instructions to negotiator concerning: Terms of Payment.

3. Property Description: APN: 040-165-007 Negotiator(s): City Manager/City Attorney/CrisCom.

Party with whom negotiating: County of Kings/State of California. Instructions to negotiator concerning: Terms B. Personnel (Government Code §54957(b)).

Consider Public Employee Performance Evaluation for the Positions of:
• Chief of Police
• Community & Economic Development Director
Mayor Preciado reopened meeting at 6:29 p.m. with nothing to report out of Closed Session.

AGENDA ITEM NO. 5. – A.

January 11, 2023 Pg. 6
Joint Meeting City Council/Successor Agency/PFA –December 14, 2023

Page 2 of 6 ends

Mayor Preciado announced that would like to move up Item 7.2 Activity Report Avenal Police Department Activity Report:

Robert Nevarez, Chief of Police to Item 6.C Mayor & Council Member/Successor Agency/Item for Consideration. All City Council Members are in consensus.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

Maria Ortiz, City Clerk announced there was no public comment cards submitted.

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 16, 2023.

B. Consider Expenditure of Funds to Repair Lift Pump No. 2 at Water Treatment Plant No. 2.

C. Consider Amending Personnel Policy to Clarify Paid Holidays (Resolution 2023-45).

D. Consider Ratifying Approval of Executing Victim Witness Assistance Center Operational Agreement RESOLUTION 2023-45: A RESOLUTION OF THE CITY COUNCIL AMENDING PERSONNEL POLICY TO CLARIFY PAID HOLIDAYS. Councilman Verdugo motioned to approve, second by Councilman Hernandez and motion carried.

Council Member/Successor Agency Member Verdugo motioned to approve Consent Calendar, second by Councilman/Successor Agency Member Hernandez, and motion carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle
ABSTAIN: None.

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

A. Proclamation Recognizing Avenal Rotary Club’s 87 Years of Existence:

City Manager Lopez read the Proclamation Recognizing Avenal Rotary Club’s 87 Years of Existence and gave them a key to the city.

B. Discuss Legislative Priorities for the 2024 Legislative Session (Discussion/Action).

City Manager Lopez reported that as the new legislative calendar begin in 2024, CrisCom and Staff are requesting direction from Council on legislative items of importance to discuss with Avenal’s elected officials. In 2023, the City was awarded $1 million dollars from Senator Melissa Hurtado and Assemblyman Mathis for the replacement of the roofs to Veterans Hall and the Avenal District Hospital Building. Staff will be making appointments to meet with the staff for both the State Senator and Assemblyman in the coming weeks. Now is a good time to discuss and plan 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). • Assistance in funding a new City Hall.

Some ideas (in no order):
• Funding for the Community Center project ($5 million requested, $2 million awarded by state; $3.2 million from CDBG – still awaiting possible Prop 68 funding for the park).
• Funding to build a joint PD/City Hall
• Funding to retrofit the Avenal Courthouse
• Infrastructure, water/wastewater, and roads.

January 11, 2023 Pg. 7
Joint Meeting City Council/Successor Agency/PFA –December 14, 2023

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C. Police Department Activity Report: Robert Nevarez, Chief of Police Chief Robert Nevarez reported the following: 1) Avenal Police Department announces the return of Police Explore; 2) Leadership Stability; 3) Recruit and Retain the Best; 4) International Model of Community Trust; 5) Amongst the safest cities in America; and 6) Embrace wellness amongst our employees.

ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Community & Economic Development Activity Report: Kao Nou Yang, Community & Economic Director Kao Nou Yang, Director of Community & Economic reported the following: 1) Planning Division; 2) Processing Zoning Land Use Applications, Land Division Applications and Current Planning Zoning / Land Use Permits; 3) Long Range Planning; 3) Building Division; 4) Economic Development & CrisCom Company; and 5) Programs – First Time Buyers, Home Rehabilitation, Accessory Dwelling (ADU) Program.

A. Special Presentations/Reports:
1) None.

PUBLIC HEARING(s):

A. Consider Close-Out of the 2016 CDBG Grant (16-CDBG-11133). a. Staff Report
b. Public Hearing
c. Discussion/Action
Community & Economic Director Yang reported that CDBG Program regulations require that the City conduct a public hearing on all CDBG-related matters to provide for and encourage citizen participation, particularly by low- and moderateincome persons who reside in areas in which CDBG funds are used. Therefore, when the public hearing is opened, the public will be invited to comment on the City’s proposed resubmittal of a 2016 CDBG Grant application, CDBG Program Income, and to make their comments known on the proposed activities. A public notice was published in the November 27, 2023, issue of the Hanford Sentinel notifying the public of this public hearing. The City was awarded funds under the 2016 Community Development Block Grant “Notice of Funding Availability” (NOFA) in the amount of $1,850,000 to fund a Homebuyer Assistance and Housing Rehabilitation Programs, as well as the Avenal Community Sports and Recreation Center “Community Center”. In June 2018, Authority to Use Grant Funds was received from HUD to spend funds on grant activities.

HOMEBUYER ASSISTANCE AND HOUSING REHABILITATION PROGRAMS:

The Homebuyer Program provided secondary financing for income-qualified households in purchasing a home. The program provided deferred, no-interest loans to Low-Moderate Income (LMI) clients for a maximum assistance of $320,000 per household. Payments could be made anytime, but full loan repayment was not due until 30 years from date of loan approval.

Three participants received homebuyer loans during the grant term. Loans were provided as follows:

Loan # Amount Description of Project
1 $54,669 Homebuyer Loan
2 $72,034 Homebuyer Loan
3 $51,265 Homebuyer Loan
TOTAL $177,968
A budget amendment was requested on January 12, 2017, reducing funds awarded to both the Homebuyer Assistance and Housing Rehabilitation Programs, moving funds of $290,698 to the Community Center Project to aid in covering increase material and labor costs. The Housing Program portion of the 16-CDBG- 11133 Grant was fully expended by October 25, 2021. On behalf of the City, Self-Help Enterprises will assist the City in submitting the Final Closeout documents to CA Department of Housing and Community Development (HCD)
PARKS / RECREATION - PUBLIC FACILITY - AVENAL COMMUNITY SPORTS AND RECREATION CENTER:

January 11, 2023 Pg. 8
Joint Meeting City Council/Successor Agency/PFA –December 14, 2023

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Community & Economic Director Yang continues that at the time of award $1,209,302 was committed for the development of the Community Center which identified all site improvements, utilities, site and building infrastructure, building installation, interior framing, wall finishes, kitchen fixtures (no appliances), bathrooms, fire sprinklers, metal rollup doors, signage, ventilation, fans, plumbing, air conditioning, exterior lighting, smoke detectors, electrical, lighting and phone service. The initial application submitted proposed beneficiaries of 15,005 individuals upon full project completion/amenities and operation of the facility. The considerable number of beneficiaries is based on this facility being the only recreational facility available in Avenal, as well as the only facility of its kind available to two other isolated communities located within 20 miles of Avenal (Coalinga and Kettleman City). Upon completion, the Community Center will house all community indoor sport leagues for both youth and adults, host tournaments and act as the recreational hub within the community. A budget amendment was requested on January 12, 2017, reducing funds awarded to both the Homebuyer Assistance and Housing Rehabilitation Programs, moving funds of $290,698 to the Community Center Project to aid in covering increase material and labor costs. Construction of the budgeted portion of Phase One was currently 98% complete and 98.5% of the committed funds have been expended. The City currently does not have sufficient funds to complete the basketball court and multipurpose room, thereby preventing its ability to provide benefit to the anticipated beneficiaries. * The additional $100,000 in CDBG Program Income (PI) has not materialized because the only source of PI at the City of Avenal are loan payoffs and monthly loan payments from our CDBG funded First-Time Homebuyer and Owner-Occupied Rehabilitation loans. We have not had enough loan payoffs/payments on CDBG housing loans to allocate additional funds to the Avenal Community Center Project.

Community & Economic Director Yang concludes on May 29, 2020, a request for an extension of time and additional funding letter was sent to HCD for review. Once notification was given to HCD on August 19, 2020, approval was granted and an additional funding of $600,079 was added to the Parks and Recreation Facilities (03F) fund of Contract 16-CDBG-11133.

Since then, construction has halted due to the COVID-19 pandemic and the drafting and designing of Phase 2 and Phase 3 had not been officially completed until October of 2020. With all the final calculations of what is still needed to be constructed and the remaining timeline, the City is in the process of reducing its scope of work to Phase 2 portion of the project and work simultaneously to a full buildout project. The direction at which the city has now chosen would be more conducive in regards of construction and development.

In Order for the City to meet the National Objective of the Closeout of the Grant: Low Mod Area Benefit (LMA), the City had to show that the overall project benefited all/ majority of residents within the service area (LMI) Low Moderate Income Residents. While the Community Center itselfisstill under construction, the City has utilize the already paved and fully constructed parking area as one of the main locations for the City’s Food Distribution events at which food is donated to the community and its residents every Tuesday. These events service on average 539 individuals. We do also utilize the site for any large-scale outdoor events like the City’s Monthly Flea Market and the Avenal Police Department Block Parties. By utilizing and organizing these events on the project site and location the city believes the National object have been met and that the Closeout of the 16-CDBG-11133 can officially be closed out. 16-CDBG-11133 BUDGET AND TOTAL EXPENSES:

Staff recommends open the Public Hearing to accept comments on the City’s Closeout of 16-CDBG- 11133 Grant.

Approve the 16-CDBG-1113 grant closeout report and authorize its submittal to the California Department of Housing and Community Development, Community Development Block Grant Program (CA HCD - CDBG).

BUDGET TOTAL

EXPENSES

AVAILABLE DISENCUMBERED
FUNDS

HOMEOWNERSHIP

ASSISTANCE
$168,582.00 $168,582.00 0 0

ACTIVITY DELIVERY
(HA)
$9,386.00 $9,386.00 0 0

PARKS &RECREATION
(COMMUNITY CENTER)
$2,143,293.00 $1,913,599.00 $229,694.00 0

GENERAL

ADMINISTRATION
$128,818.00 $112,248.00 $16,570.00 0
TOTAL: $2,450,079.00 $2,203,815.00 $246,264.00 0
January 11, 2023 Pg. 9
Joint Meeting City Council/Successor Agency/PFA –December 14, 2023

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Mayor opened Public Hearing at 7:27 p.m. with no public comment the hearing was closed at 7:28 p.m.

Councilman Verdugo approves the 16-CDBG-1113 grant closeout report and authorize its submittal to the California Department of Housing and Community Development, Community Development Block Grant Program (CA HCD - CDBG), second by Councilman Hernandez and carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle
ABSTAIN: None.

OLD BUSINESS:

A. None.

NEW BUSINESS:

A. Consider Entering into an Agreement with A&M Consulting Engineers for On-Call Engineering Services (Resolution 2023-46).

City Manager Lopez stated that on November 2, 2023, Staff issued a Request for Qualifications (RFQ) for On-Call Services for State and Federally Funded Projects. The RFQ asked for qualified consulting firms to submit a Statement of Qualifications (SOQs) addressing civil engineering & grant management services on an on-call basis and ability to serve as the City’s “City Engineer.” Since incorporation in 1979, the City has relied on Summers Engineering for all City engineering projects. The RFQ was issued to find an additional firm that can support City staff in the delivery of time-sensitive Capital Improvement projects, particularly Caltrans funded projects that require having a city-engineer that was contracted through a competitive process within the preceding five years. Having another team on board will open the City to more grant opportunities and relieve some workload on City Staff having help on grant application and management.

City Manager Lopez continues that SOQs were due on November 16, 2023. The City received only one submittal, from A&M Consulting Engineers. Attached is their proposal, which outlines their qualifications and previous work around the Central Valley. Of note is their work in the City of Corcoran on multiple federally funded infrastructure and park projects.

A&M’s proposal outlines their commitment to helping develop rural communities like Avenal. Speaking with Principal, Javier Andrade, A&M would strive to not charge the City for work and focus on finding the grants to help pay their time and activities, as to not be a financial burden on the City. A&M would also help apply to grants, prepare grant reports and drawdowns, helping the City’s limited staff.

After brief discussion the following action was taken:

RESOLUTION 2023-46: A RESOLUTION OF THE CITY COUNCIL AWARDING A CONSULTANT CONTRACT

TO A&M CONSULTING ENGINEERS FOR A THREE-YEAR PERIOD, WITH AN OPTION TO EXTEND FOR

TWO ADDITIONAL ONE-YEAR PERIODS TO PROVIDE ON-CALL CITY ENGINEERING SERVICES FOR STATE AND FEDERALLY FUNDED PROJECTS. Councilman Verdugo motion to approve, second by Councilman Hernandez and carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle
ABSTAIN: None.

B. Consider Caltrans Maintenance Agreement as part of Clean California Grant, for SR 269:

City Manager Lopez reported information to the City Council through 2023, Caltrans has been in contact with City Staff regarding utilizing of their Clean California grant to help beautify state roadways in the city of Avenal. Throughout those discussions, were talks about how to improve the landscaping on Skyline, adding more drought tolerant features and art on the electrical boxes. Council also requested that SR 33 be included in the grant to simplify the landscaping and consider widening the shoulders from San Joaquin to 7th Avenue. Attached, are drafts of a transportation art maintenance agreement, and a landscape agreement provided by Caltrans for them to move forward with their intended projects in connection with the Clean California Grant. The proposed agreements outline the responsibilities that the City would undertake for the maintenance of improvements made by Caltrans on State Route 269 (SR 269) and State Route 33 (SR 33).

January 11, 2023 Pg. 10
Joint Meeting City Council/Successor Agency/PFA –December 14, 2023

Page 6 of 6 ends

After careful consideration and evaluation, the City Staff has some reservations regarding the approval of these agreements.

While the changes on SR 269 are minimal, our primary concern lies with the implications for SR 33. Historically, the City has not been tasked with maintaining any aspects of SR 33, and the introduction of such responsibilities poses a challenge due to our current manpower constraints with no fiscal compensation in return. Of note, the last few years the City has taken it upon itself to clear the brush along the shoulder of SR33, with no compensation in return.

Key points for consideration:
• Minimal Changes on SR 269: The proposed improvements on SR 269 are relatively minor, and City Staff does not foresee significant challenges in assuming responsibility for their maintenance.
• Unprecedented Maintenance Responsibility on SR 33: Unlike SR 269, SR 33 has not required any maintenance from the City in the past. Taking on this new responsibility would necessitate a significant increase in manpower and resources, which may not be feasible now or in the future, particularly with no funding involved.

Considering these factors, City Staff is hesitant to recommend approval of the maintenance and landscaping agreements in their current form. We propose exploring alternative solutions or negotiating with Caltrans to address the concerns raised, particularly with respect to the unexpected burden on SR 33. Staff will be having a meeting Monday with Caltrans.

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reported the following: 1) William Lefever passed away November 30, 2023 at age 83, 20-years employed by City and service will be coming and will inform the Council; 3) Staff employee luncheon will be at 12:00 PM at the Veterans Hall all invited; 4) Saturday 9:00 to 11:00 AM Pictures with Santa - all invited; 5) Rotary will be all also having their annual Christmas dinner at Harris Ranch at 4:00 PM; 6) Santa on Patrol &APD - Tuesday, Thursday, Friday, and Saturday. purchased 4000 candy canes; 7) Staff will have a farewell luncheon Wednesday at noon for Kao Nou Yang we will be having Super Burger and all invited. City Manager Lopez thanked Kao Nou for all her hard work and will be missed; and 8) January 5th Check Presentation 1-million dollars from Melissa Hurtado - Avenal Police Department at 11:30 a.m. all invited.

Councilman Verdugo mentioned that there will be a movie the Grinch noon.

Mayor Preciado reported the following: 1) attended many meetings and thanked all for attending.

ADJOURNMENT:

There being no further business the City Council meeting was adjourned at 8:49 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
January 11, 2023 Pg. 11

AVENAL POLICE DEPARTMENT
317 Alpine, Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
City Council Agenda Item
TO: The Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Chris Pelletier, Police Sergeant
Robert Nevarez, Police Chief
DATE: January 11, 2024
REGARDING: “Crossroads” Traffic Records Software Purchase Approval <><><><>
INFORMATION/BACKGROUND:

The Avenal Police Department was recently awarded a grant from the State Office of Traffic Safety (OTS) which provides reimbursement for traffic records improvement and overtime for designated traffic safety operations.

Currently, we are seeking approval to move forward with the purchase of Crossroads Software to facilitate traffic collision reporting, and traffic record submissions. This software has previously been approved by OTS. Agencies that desire to electronically upload traffic required data to and conduct traffic collision investigations more efficiently utilize Crossroads. Crossroads leverages google maps, diagrams, and drastically allows officers to improve their traffic factual diagrams.

The total cost is $39,300 for the software and annual license.

The Avenal Police Department will be reimbursed for the total cost of $39,300 once we submit our expenditures to OTS for Q1 in accordance with our grant funded contract.

Cost- There is no net cost to the City of Avenal or Avenal Police Department since this purchase is completely reimbursable through the OTS Grant.

FISCAL IMPACT:

There is no net Fiscal Impact to the City of Avenal or Avenal Police Department.

January 11, 2023 Pg. 12

RECOMMENDATION:

We recommend City Council Approve this Purchase.
************************************************************************

COUNCIL ACTION
Date
APPROVED: ______ DENIED: _______
January 11, 2023 Pg. 13
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 11 2024
RE: Consider Authorization to Sign MOU with Kings Community Action Organization (KCAO) for Use of Avenal Veterans' Memorial Hall.

INFORMATION:

Staff is seeking authorization for the signing of a Memorandum of Understanding (MOU) with the Kings Community Action Organization (KCAO) regarding the use of the Avenal Veterans' Memorial Hall for their Volunteer Income Tax Assistance (VITA) program. KCAO is seeking to use the facility on Saturdays for the dates between January 27 – April 13, 2024, and is also asking for the rental fees to be waived.

BACKGROUND:

KCAO has been providing essential tax services to Kings County for the past eight years, successfully e-filing over 5000 tax returns since 2014. The organization has significantly contributed to bringing millions of dollars to individuals and their families throughout Kings.

KCAO seeks to continue its tax services to other communities within Kings County, with the aim of providing easier access for individuals living outside of Hanford. The Avenal Veterans' Memorial Hall has been identified as a suitable location for this expansion due to its existing positive relationships with the community and available resources that can aid in increasing awareness of the free tax services in the area.

Benefits of the Partnership:

1. Increased Accessibility: The partnership with the Avenal Veterans' Memorial Hall will allow KCAO to extend its tax services to individuals who may face challenges reaching the Hanford location.

2. Community Engagement: The Avenal Veterans' Hall has established strong relationships within the community, providing a valuable platform to enhance awareness of the free tax services and promote community engagement.

3. Positive Impact: Expanding VITA services to Avenal aligns with our commitment to supporting residents by facilitating access to vital financial resources and services.

RECOMMENDATION:

As KCAO is providing a benefit to the community at no cost, Staff recommends approving the City Manager to sign the MOU and also waiving the rental fees, but still requiring all required forms and insurances.

January 11, 2023 Pg. 14
Memorandum of Understanding
Between
Kings Community Action Organization
and
Avenal Veterans Hall
This Memorandum of Understanding (MOU) sets forth the agreement between Kings Community Action Organization (KCAO) and the Avenal Veterans Hall located at 108 W. Kings Avenal, CA 93204
Background:

KCAO Volunteer Income Tax Assistance (VITA) program has been serving Kings County for 8 years with tax services located in Hanford. Since 2014, KCAO has e-filed over 5000 tax returns and has brought millions of dollars to individuals and their families. KCAO wants to expand tax services to other communities in Kings County to provide easier access for individuals living outside of Hanford. The Avenal Veterans Hall has great relationships with people in the community and resources that can help increase awareness of the free tax service in the area.

Purpose:

The purpose of this MOU is to establish guidelines for the use of the Avenal Veterans Hall by both organizations, KCAO and Avenal Veterans Hall.

KCAO Agrees to Provide:

1. Certified staff and volunteers to provide free tax return service.

2. Computers and printers for staff and volunteers to use.

3. Tax service from 8:30 a.m. to 4:30 p.m. on Saturday’s only starting January 27, 2024 to April 13, 2024.

The Avenal Veterans Hall Agrees to Provide:

1. Access to the Avenal Veterans Hall during the days and times of tax service.

2. Access to internet through Wi-Fi or landline and IT support as needed.

3. Access to minimum of 7 tables and 15 chairs.

4. Cost of usage of Avenal Veterans Hall as an in-kind donation.

Both Parties Agree to:

1. Appoint a representative from each party to coordinate activities relating to the

January 11, 2023 Pg. 15
terms of this MOU and to facilitate the exchange of information. These representatives will regularly communicate with one another and meet as needed during the effective period of this MOU.

For KCAO For Avenal
Evangelina Oliver Anna Lara
(559) 904-8854 (559) 386-4317

2. Carry its own general liability, professional liability, auto, and worker’ compensation insurance policies.

3. Either party can terminate the agreement with 30 days of written notice.

4. Indemnify and hold harmless the other party’s employees, agents, volunteers, and assigns from against any and all claims, demands, liability, judgments, awards, interest, reasonable attorney’s fees, cost and expenses of whatsoever kind of nature, at any time arising out of or in any way connected with the performance of this agreement. This liability shall apply to any acts of omissions, willful misconduct or negligent conduct, whether active or passive on the part of the indemnifying party.

Both Parties Acknowledge that:

1. Avenal Veterans Hall will not provide storage space within The Avenal Veterans Hall.

2. Avenal Veterans Hall will provide KCAO a key or alarm codes for the Avenal Veterans Hall, and KCAO will open and close the building during the tax service days and times provided in this MOU.

Term

1. The term of this MOU shall be January 27, 2024 through April 13, 2024 Signatures

KINGS COMMUNITY ACTION ORGANIZATION AVENAL VETERANS HALL By By .

Jeff Garner Antony V. Lopez
Executive Director Avenal City Manager
Date: Date: .

January 11, 2023 Pg. 16

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE】江ATTER OF:

A RESOLUTION OF THE CITY

COUNCIL AWARDING A CONSULTANT

CONTRACT TO A&M CONSULTING
ENGINEERS FOR A THREE―YEAR PERIOD,
Ⅵ TH AN OPT10N TO EXTEND FOR TWO
ADDITIONAL ONE― YEAR PERIODS TO
PROVIDE ON― CALL CITY ENGINEERING

SERVICES FOR STATE AND FEDERALLY
FttDED PROJECTS.

RESOLUTION 2023- 46
WHEREAS, the City of Avenal ("City") needs to retain certain professional, technical and/or specialized services of an independent consultant to assist the City in engineering matters; and
WHEREAS, the City issued a Request for Qualifications (RFQ) for On-Call Services for State and Federally Funded Projects on November 2nd,2023, and received one (l) proposal by the deadline of November 16,2023; and
WHEREAS, Staff reviewed and selected the most qualified firm to provide services; and
WHEREAS, Consultant has the requisite skill, training, qualifications, and experience to render such services called for under the attached proposal to City.

WHEREAS, the City wishes to enter into agreements with A&M Consulting Engineers to provide on-call city engineering services for a term through January 1,2027 with an option to extend for two additional one-year periods.

UPON MOTION OF COUNCIL MEMBER VEⅢ )UGЮ SECONDED BY
COUNCIL MEMBER EEⅢ U田DEZ THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL IVIEETING HELD ON December 14,2023,BY THE FOLLOWING VOTE:

AYES: VERDUGO, ⅡE:RmNDEZ, RAMIREZ, PRECI▲DO.

NOES: ШONE.

ABSTAIN: N01田].

ABSENT: GRAVELLE。
December 14,2023 Page 1 of? Pg.52
January 11, 2023 Pg. 17
ATTEST:

Alvaro Preci Mayor

CITY OF AVENAL
A. ORrrz, City C

CITY OF AVENAL
******************
NOW THEREFORE, BE IT RESOLVED TIIAT THE CITY COUNCIL:
l. Found foregoing recitals above to be true and correct;

2. That the City Council of the City of Avenal does hereby approve an on-call consulting services agreement with A&M Consulting Engineers to provide OnCall city engineering services.

3. The On-Call Consulting Services Agreements shall be finalized at a later date, to be reviewed by the City Attorney. Once the agreements are finalized and signed, they are to be brought back to the City Council for ratification.

4. The City Council of the City of Avenal hereby authorizes the City Manager to sign and execute documents and agreements related to this action on behalf of the City of Avenal.

5. 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.

Page2 of2
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City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 6. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 11, 2024
RE: Discussion of legislative needs to local/state elected official for 2024 INFORMATION:

As the new legislative calendar begin in 2024, CrisCom and Staff are requesting direction from Council on legislative items of importance to discuss with Avenal’s elected officials.

During the check presentation for $1 million dollars on January 5th, Senator Melissa Hurtado’s Staff shared that with the State’s impending budget deficit, budget request over a million dollars may not be funded, but smaller requests would have a better chance.

Staff recommends making a budget request for a join City Hall / Police Department, and also include smaller requests. Some ideas are:
• $600,000 for digital signs across town – freeing up ARPA Funds • $500,000 for City beautification program – Xeriscaping along Skyline Blvd and Kings Street; park beautifications; and promoting tree adoption and planting programs • $250,000 for remodeling of the Boxing Gym
• Other ideas…
RECOMMENDATION:

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

January 11, 2023 Pg. 30
City of
Avenal
TO: Honorable Mayor & City Council
FROM: Antony V. Lopez, City Manager
PREPARED BY: Rob Williams, Public Works Director
DATE: January 5, 2024
RE: Public Works Monthly Report Nov./Dec. 2023
INFORMATION:

7300 CODE ENFORCEMENT:

The Code Enforcement Department has been short staffed since mid- November. Our senior officer Lupe is out on medical leave, and Raul has been covering at the Animal Shelter. Staff has been taking care of any issues such as graffiti or public safety and health problems. We call on Raul to help with issues needing a Code Enforcement Officer.

SEE ATTACHED REPORT. NO REPORT THIS MONTH
8100 PARKS & LANDSCAPE:

Staff continues to maintain Rice Park, landscaped areas on Skyline, Neighborhood Park, Skate Park, Sport Complex, the Ken Brown Public Safety Center, and Elliott Park. Staff installed the foundations for the lights and drinking fountains at the Skate Park/Community Garden and are installing the lights as time and weather allow. 9000 ANIMAL CONTROL DEPARTMENT:

Staff continues to maintain the Animal Shelter. The spay/neuter program is continuing to go well there were 24 dogs for the shelter and 29 dogs and 14 cats for Avenal Citizens for Nov/Dec combined. There are still good numbers on the amount of dogs rescued.

SEE ATTACHED REPORT.
13000 STREETS:

Staff maintains city streets, signs, flags, and banners. Staff was able to work on patching the Cutoff Road and Plymouth Ave. and will continue as time and weather allows. We are also working with A&M Consulting Engineers to get other funding for the reconstruction of the Cutoff. The Seventh Ave. Road Project will be starting January 16th. The contractor will start with the ADA curb ramps and concrete work. The City Engineer continues to work on the Community Center getting it ready to go to bid.
14100 WATER DISTRIBUTION:

The contractor for the 18” water line project has received the remaining parts needed and will be resuming construction on January 16th. There were two (2) water leaks on the main transmission lines, one (1) on the 12” and one (1) on the 16”. Staff continues to repair and maintain the distribution system within the City. 15000 WASTEWATER COLLECTIONS:

Staff continues to report monthly to Regional Water Quality Control Board regarding overflows. There were five (5) calls for sewer plugs in Nov./Dec. combined. The City Engineer is working on a bi-pass sewer line between Fifth Ave. and Seventh Ave. along SR 33. Staff is continuing the enzyme treatment for grease. 18000 VEHICLES, EQUIPMENT & BUILDING MAINTENANCE:

AGENDA ITEM NO. 7. A. – 1)
January 11, 2023 Pg. 31
Staff continues to maintain city-owned property, vehicles, and equipment and continues monthly/quarterly reporting to SJVAPCD. Staff submitted the yearly report to the Bureau of Automotive Repair.

January 11, 2023 Pg. 32
City Of Avenal
Animal Control Activity Repo威
To:

From:

For:
」anurary l′ 2024
Rob Williams, Public Works Director
Raul Valadez, Animal Control Department
December L,2O23 to December 31, 2023
ハ
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ma′ G。
"t″
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D:ED iN SHELTER
EUTHAN:ZED

ESCAPED FRO)M SHELTER
REMA:NING:N SHELTER

DOGS RESCUED
DOG B:TE(S)
CiTAT10NS
COMPUヽ!NTS
D00R HANGERS
CATS DETA:NED
EUTHAN:ZED

RESCUED

REDEEMED

ADPOTDED
Roosters/Chickens/Owls/turtles, etc.

Deceased Animals
Dogs
Cats
Other Animals Deceased
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January 11, 2023 Pg. 33
City Of Corcoran
Animal Control Activity Report
To:

From:

For:

Janurary l′ 2024
Rob Williams, Public Works Director
Raul Valadez, Animal Control Department
December L,2023 to December 31, 2023
ハ
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Total Dogs
RETURNED T0 0VVNER

ADOPTED
D:ED IN SHELTER

EUTHANIZED

ESCAPED FROM SHELTER
REMAINING:N SHELTER

DOGS RESCUED
DOG B:TE(S)
C:TAT10NS
CATS DETA:NED

EUTHANIZED

RESCUED
REDEE「VlED

ADPOTDED
Roosters/Chickens/Owls/turtles, etc.

Deceased Animals
Dogs
Cats
Other Animals Deceased
２０
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January 11, 2023 Pg. 34
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
“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 8, 2024
RE: Information Technology Monthly Report Mid-November/December Report 2023 CURRENT PROJECTS:

Internet:

Staff work to complete wiring and programming of antennas from City Hall to the Public Works Yard. Communications to the hub at the landfill reach full throughput.

Due to CAT6 specifications and the use of copper-clad aluminum CAT6, the antenna at the Public Works Yard is unable to boot. Staff is set to replace with full copper. The antennas are otherwise aimed which will speed up the software tuning process.

Staff meets with Cal.Net (Separate from AT&T CALNET) to discuss project costs and performance goals for targeting 300 homes for the potential in-house ISP.

Phone System: Begins working with Verizon on replacing the first set of phones at the Police Department away from Mitel. Will be done in waves as to not interrupt the security panels throughout the site.

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

Server:
-Regular Security Maintenance
-Refreshing remote access server and client access.
-Continuing reorganizing documentation of all services for future reference Other:
-Assisted in numerous City events (Food distributions, Christmas Parade, Operation Gobble) -Working with Administration and City Clerk on readministering accounts of resigned staff and onboarding new staff
-Assisting HR in compiling 2023 job applicants
-Begins overhauling the current depreciated camera systems, starting with City Hall. Notable features including object and facial recognition and remote viewing. -Testing surveillance camera environments with two software suites. -Begins working on a voucher system in conjunction with the Avenal Landfill. -Handled Year in Review calls with Jamf, TPx, and Canonical. -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 11, 2023 Pg. 35
Memo To: Honorable Mayor and Council Members
From: Anna Lara-Nieto, Senior Recreation Leader
cc: Antony V. Lopez, City Manager
Date: January 4th, 2024
Re: Community Activities Staff Report
Event Reports:
1) Valley Voices/City Collaboration, Covid / Food Distribution, Dec. 8th: They served over 180 families. Community Activities Dept helps them with use of building, advertising, setup and use of tables/canopies, if needed Public Works helps with unloading food from delivery truck, with City forklift.
2) Holiday Magic Parade, Dec 9th: Very well attended, we had 18 participants, with some of those having 3/5 vehicles per group/organization. Assembly of God Church performed some Christmas Carols, Avenal High School Folkloric Dance group performed. A&M Consulting Engineers was present at Tree Lighting and gave out gifts to kids. Overall, it was a wonderful event, with great community support. Special thanks to Santa/ Mrs. Claus, our City Manager and Mayor and Public Works Department.
3) Family Engagement Movie Night Dec 12th: RSUSD had a children’s movie night. We showed The Grinch. RSUSD supplied each child with popcorn/drink.
4) Pictures with Santa (Movie, Train Rides, Craft & Gifts) Dec 16th: Wonderful event, over 150 kids came out to take a picture with Santa and receive a gift (donated by Rent a Toilet) Children were also able to receive a pancake breakfast, ride the Train and do a Christmas craft (provided by Valley Voices) during the event community was also able to purchase food from 1 of the 5 vendors that came out. California Health Collab. sponsored a free movie after pictures with Santa for the community. It was well received, a total of 80 people came to watch the movie, each person was able to receive a popcorn, soda and candy bar.

UPCOMING:
1) Jan 12th – Valley Voices Covid / Food Distribution
Rentals:

See attached end of the year Rental Report
January 11, 2023 Pg. 36
CITY OF AVENAL RECREATION DEPARTMENT 1
Recreation Facilities Paid Rentals

2023
January  2 Recreation Center Rentals= $440.00
February  2 Recreation Center Rentals = $530.00
 1 Veterans Hall Rental = $140.00
 2 Non-Profit Rentals = $200.00
March  2 Recreation Center Rentals = $310.00
 1 Veterans Hall rental = $500.00
 2 Theater Rentals = 660.00
 2 Rice Park Pavilion Rentals & 1 Sports Complex = $180.00 April  2 Veterans Hall Rentals = $420.00
 2 Non-Profit Rentals =$200.00
 2 Rice Park Pavilion Rentals & 1 Sports Complex = $180.00 May  3 Recreation Center Rentals = $960.00
 1 Veterans Hall Rental = $300.00
 1 Non-Profit Rental = $25.00
 2 Park Pavilion Rentals = $120.00
June  1 Recreation Center Rental = $160.00
 1 Veterans Hall Rental = $600.00
 3 Non- Profit Rentals = $300.00
 4 Park Pavilion Rentals = $245.00
July  1 Recreation Center Rental = $180.00
 3 Park Pavilion/Sports Complex Rentals = $180.00
August  No rentals
January 11, 2023 Pg. 37
CITY OF AVENAL RECREATION DEPARTMENT 2

Rec Center Information
No damage to the building has been done by any renters. On several occasions rental deposits were not fully reimbursed because renter either came in early to building or renter exceeded rental time.

TOTAL REVENUES

Rentals all year

$9,545.00

In acct 10.43169
September  1 Recreation Center Rental = $ 240.00
 1 Theater Rental = $360.00
 1 Non-Profit Rental = $100.00
October  1 Recreation Center Rental = $200.00
November  2 Recreation Center Rentals = $440.00
 1 Non- Profit Rental = $100.00
 1 Park Pavilion Rental =$60.00
December  2 Recreation Center Rentals = $730.00
 1 Veterans Hall Rental = $360.00
 1 Non- Profit Rental = $125.00
January 11, 2023 Pg. 38
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
EMERGENCY ITEM AGENDA ITEM NO. 8. A. – 1
TO: THE HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: ANTONY V. LOPEZ, CITY MANAGER
DATE: JANUARY 11, 2024
SUBJECT: PUBLIC HEARING TO DISCUSS THE CITY’S COMMUNITY DEVELOPMENT BLOCK GRANT CLOSEOUT OF 20-CDBG-CV-2-3-
0053 GRANT

BACKGROUND
Closeout of 20-CDBG-CV-2-3-00053
The City was awarded $318,9136 in CDBG-CV2.3 funds in response to the pandemic to aid City of Avenal residents affect by Covid-19 in the form of subsistence payments for mortgage, rent, and utility assistance and/or payments. Permission to incur cost and begin accepting applications was received on September 9, 2021. The program provided income eligible households with up to $5,000 in assistance to cover past due and/or currently due mortgage payments, rent payments, and utility expenses for up to 3 consecutive months as grants with no repayment obligation.

Applications Received 167
Households Assisted 114
Applications Denied 53
Rental Assistance Provided 42
Mortgage Assistance Provided 114
Utility Assistance Provided 96
Total 165*
*Numbers are higher than total applications because a single application or household had requested assistance for more than one activity such as assistance with rent and utilities, or mortgage and utilities.

Households Assisted had Incomes as follows:

Very-low income 50
Low income 43
Moderate income 21
Total 114
Household Demographics:

White 3
Black 1
Multi-Race 0
Hispanic 105
Unknown 5
January 11, 2023 Pg. 39
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
EMERGENCY ITEM AGENDA ITEM NO. 8. A. – 1
Total 114
Female Head of Household 38
Senior Citizens 3
Disabled 3
Budget Total Expenses Disencumbered Funds
Total Admin: $41,458 $41,458 $0
Total Implementation: $277,455 $277,455 $0
The grant expired on September 8, 2023, upon approval the City will submit the final closeout documents to HCD, completing all obligations under the grant. At this time, there will be no disencumbering of funds since all funds under this grant were expended. However, in the case that the need to disencumber is discovered, the City will work with HCD and SHE to disencumber those funds.

DISCUSSION:

When the Public Hearing is opened, citizens are encouraged to ask questions and/or comment on the closeout of the 20-CDBG-CV-2-3-00053 grant. Citizens are also invited to submit written comments to the City or to review information on the City’s CDBG Program at City Hall with Maria “Angie” Ortiz, City Clerk, at 919 Skyline Blvd, Avenal, CA 93204, at the same address.

RECOMMENDATION:

1. Approve the 20-CDBG-CV-2-3-00053 grant closed out report and authorize its submittal to the CA Department of Housing and Community Development, Community Development Block Grant Program.

FISCAL IMPACT:

No Financial Impact for the Closeout of the City’s CDBG-CV-2-3-00053 Grant.

January 11, 2023 Pg. 40

THE SENTINEL
P O BOX 9
HANFORD CA 93232
(559)582−0471
Fax (559)582−2431

ORDER CONFIRMATION
Salesperson: RUTH SORIANO Printed at 01/10/24 16:49 by molme−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 187 Ad #: 280108 Status: Expired
CITY OF AVENAL Start: 12/12/2023 Stop: 12/12/2023
NINA Times Ord: 1 Times Run: 1
919 SKYLINE 3STD 2.00 X 8.59 Words: 613
AVENAL CA 93204 Total 3STD 17.18
Class: H0986 LEGALS
Rate: LD Cost: 341.54
# Affidavits: 1
Ad Descrpt: NOTICE OF PUBLIC MEETING
Contact: Descr Cont: AD#280108 CITY OF AVENAL
Phone: (559)287−1621 Given by: *
Fax#: P.O. #:

Email: [email protected] Created: rsori 12/06/23 13:19 Agency: Last Changed: rsori 12/06/23 15:14
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PUB ZONE EDT TP RUN DATES
HSP A 95 S 12/12
HSO A 95 S 12/12
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AUTHORIZATION
Under this agreement rates are subject to change with 30 days notice. In the event of a cancellation before schedule completion, I understand that the rate charged will be based upon the rate for the number of insertions used. _____________________________________ _____________________________________ Name (print or type) Name (signature)
(CONTINUED ON NEXT PAGE)
January 11, 2023 Pg. 41

THE SENTINEL
P O BOX 9
HANFORD CA 93232
(559)582−0471
Fax (559)582−2431

ORDER CONFIRMATION (CONTINUED)
Salesperson: RUTH SORIANO Printed at 01/10/24 16:49 by molme−bk −−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−− Acct #: 187 Ad #: 280108 Status: Expired
AD#280108

CITY OF AVENAL
Notice of Public Meeting for Discussion of CDBG-CV Closeout of the 20-CDBG-CV2-3-00053 grant NOTICE IS HEREBY GIVEN that the City of Avenal will conduct a public hearing on January 11, 2024, at 6 pm, at the Avenal Theater located at 233 E. Kings Street, Avenal, CA 93204 in order to discuss the closeout of the City's CDBG-CV2-3-00053 grant.

PUBLIC HEARING
DATE: January 11, 2024
TIME: 6 p.m.

PLACE: Avenal Theater 233 E. Kings Street, Avenal, CA 93204 The City would like to give the public an opportunity to provide feedback regarding the expenditure and program outcome of all grant funds awarded under the 20-CDBG-CV-2-3-00053 contract which provided subsistence payments to eligible households impacted by the pandemic.

If you require special accommodations to participate in the public hearing, please contact Maria “Angie” Ortiz, City Clerk, at City Hall 919 Skyline Blvd, Avenal, CA 93204, or you may telephone (559) 386-5766 ext. 3 . In addition, a public information file is available for review at the above address between the hours of 8:00 a.m. and 4:30 p.m. on Monday - Friday.

If you are unable to attend the public hearing, you may direct written comments to Maria “Angie” Ortiz, City Clerk, at City Hall 919 Skyline Blvd, Avenal, CA 93204, or you may telephone (559) 386-5766 ext. 3. In addition, a public information file is available for review at the above address between the hours of 8:00 a.m. and 4:30 p.m. on Monday - Friday.

The City of Avenal promotes fair housing and makes all its programs available to low and moderate income families regardless of age, race, color, religion, sex, national origin, sexual orientation, marital status, or handicap.
/s/ Maria “Angie” Ortiz /s/
City Clerk
Publish: December 12, 2023, in the Hanford Sentinel

CIUDAD DE AVENAL
Aviso de Reunión Pública para la Discusión del Cierre CDBG-CV de la subvención 20-CDBG-CV2-3-00053
POR LA PRESENTE SE NOTIFICA que la Ciudad de Avenal llevará a cabo una audiencia pública el 11 de enero de 2024 a las 6 pm, en el Teatro Avenal ubicado en 233 E. Kings Street, Avenal, CA 93204 para discutir el cierre de la subvención CDBG-CV2-3-00053 de la Ciudad.

AUDIENCIA PÚBLICA
FECHA: 11 de enero de 2024
HORA: 6 p.m.

LUGAR: Teatro Avenal
233 E. Kings Street, Avenal, CA 93204
La Ciudad desea dar al público la oportunidad de proporcionar comentarios sobre los gastos y el resultado del programa de todos los fondos de subvención otorgados bajo el contrato 20-CDBG-CV-2-3-00053 que proporcionó pagos de subsistencia a los hogares elegibles afectados por la pandemia.

Si necesita adaptaciones especiales para participar en la audiencia pública, comuníquese con Maria "Angie" Ortiz, Secretaria de la Ciudad, en el Ayuntamiento 919 Skyline Blvd, Avenal, CA 93204 o puede llamar al (559) 386-5766 ext. 3 . Además, un archivo de información pública está disponible para su revisión en la dirección anterior entre las 8:00 a.m. y las 4:30 p.m. de lunes a viernes.

Si no puede asistir a la audiencia pública, puede dirigir sus comentarios por escrito a María "Angie" Ortiz, Secretaria de la Ciudad, en el Ayuntamiento 919 Skyline Blvd, Avenal, CA 93204 o puede llamar al (559) 386-5766 ext.

3. Además, un archivo de información pública está disponible para su revisión en la dirección anterior entre las 8:00 a.m. y las 4:30 p.m. de lunes a viernes.

La Ciudad de Avenal promueve la vivienda justa y pone todos sus programas a disposición de familias de ingresos bajos y moderados, independientemente de su edad, raza, color, religión, sexo, origen nacional, preferencia sexual, estado civil o discapacidad. /s/ María "Angie" Ortiz /s/
Secretario de ayuntamiento
Publicado: 12 de diciembre de 2023 en el Hanford Sentinel January 11, 2023 Pg. 42
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 10. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 11 2024
RE: Consider Approval of Municipal Solid Waste Collection Agreement between the City of Avenal and Mid- Valley Disposal, LLC, and adjacent services INFORMATION:

The City of Avenal entered into a Municipal Solid Waste Collection Agreement with Mid Valley Disposal, Inc. in 1999, initiating services on January 1, 2000. This agreement was renewed in November 2012, extending the partnership until December 31, 2023. The City of Avenal holds the distinction of being Mid Valley Disposal, Inc. first waste collection contract.

Initially structured as a franchising agreement, the City permitted Mid Valley to collect solid waste within Avenal in exchange for a franchise fee. However, subsequent deliberations with the City Attorney's office revealed that a full franchise agreement would require Mid Valley handling all waste collection services, including customer service and billing. Given that City Staff currently manages billing and most customer service inquiries, it was decided to transition to a service management agreement to better align with existing practices.

NEED FOR RENEWAL:

The expiration of the current agreement, coupled with the evolution of waste management regulations since 2000, urged the need for a renewal of the Municipal Solid Waste Collection Agreement. The revised agreement ensures compliance with the latest state laws, including AB341, AB-2176, SB-1016, and, notably, SB-1383 (Organics). This proactive step aligns the City and Mid Valley with all prevailing laws and regulations governing waste management.

PROP-218 RATE STUDY:

The City is concurrently conducting a Prop-218 rate study, and the updated rates will be presented for a public hearing at the next City Council meeting on January 25th. These revised fees not only ensure the sustainability of waste management services but also generate revenue to compensate City Staff for administering waste hauling services.

STREET SWEEPING SERVICES:

The agreement also includes Exhibit E, a formal arrangement for contracting Mid Valley to provide street sweeping services in Avenal. Customers will be subject to a fee for this additional service, promoting more reliable street sweeping. Importantly, the City will only be billed for the curb miles that are actually swept – a log will be kept and the City will only be billed for the actual miles ran. If the overall cost proves to be lower than anticipated, the City retains the flexibility to reduce the fee in the future. In the event of issues with Mid Valley's street sweeper management, the City retains the right to give notice and assume control of the street sweeper services.

January 11, 2023 Pg. 43
City of Avenal
919 Skyline Blvd.

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

Staff recommends the City Council's approval of the Municipal Solid Waste Collection Agreement with Mid Valley Disposal, Inc., as outlined in the attached document. This agreement ensures compliance with current laws, supports sustainable waste management services, and provides better accountability and compensation for administering all these vital services.

ATTACHMENTS:
- Renewed Municipal Solid Waste Collection Agreement with Mid Valley Disposal, Inc. - Resolution 2024-01
January 11, 2023 Pg. 44

MUNICIPAL SOLID WASTE COLLECTION AGREEMENT

BETWEEN

CITY OF AVENAL, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC
January 11, 2023 Pg. 45

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 ............................................................................................................................ 31 SECTION 17 - ENTIRE AGREEMENT; AMENDMENT ........................................................................................... 31 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 EXHIBIT E – STREET SWEEPING........................................................................................................................ 49 January 11, 2023 Pg. 46
1 MUNICIPAL SOLID WASTE COLLECTION AGREEMENT

BETWEEN THE

CITY OF AVENAL
AND

MID-VALLEY DISPOSAL, LLC
This Agreement ("Agreement") is entered into this first day of February 2024, 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;
January 11, 2023 Pg. 47
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, and 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 January 11, 2023 Pg. 48
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 January 11, 2023 Pg. 49
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 January 11, 2023 Pg. 50
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 January 11, 2023 Pg. 51
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.
(4) 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 February 1, 2024 and expire at 12:00 a.m. on June 30, 2034. Thereafter, beginning on July 1, 2034, and on each July 1 anniversary date thereafter, the term of this Agreement will be extended automatically for one (1) additional year. 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. 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.

January 11, 2023 Pg. 52
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 provides Solid Waste Handling services to the Area. This Section shall not require the January 11, 2023 Pg. 53
8 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 recordsrelated 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. Contractor shall provide a complimentary bin exchange or cleaning to multi-family complexes at least once per calendar year.

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
January 11, 2023 Pg. 54
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
January 11, 2023 Pg. 55
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
January 11, 2023 Pg. 56
11 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 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 January 11, 2023 Pg. 57
12 failed to act with respect to the collection, handling or transportation of Hazardous Waste, 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 9A 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 January 11, 2023 Pg. 58
13 equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
ii. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided to the City pursuant to this Agreement. iii. Coverage shall state that Contractor’s 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.

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14 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. 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 Two Hundred and Fifty Thousand Dollars ($250,000.00). 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 that 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 and/or required pursuant to 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 January 11, 2023 Pg. 60
15 Manager will notify Contractor in writing of such deficiencies (“Notice of Deficiency”).

The Notice of Deficiency may provide a reasonable time within which correction of all noted deficiencies is to be made by Contractor. 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.

January 11, 2023 Pg. 61
16 (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 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. Contractorshall 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 City 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 January 11, 2023 Pg. 62
17 the period of the City’s possession thereof. The City may offset any 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 Agreementshall 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.

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18 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 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, 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.

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19 (8) Right to Demand Assurances of Performance:

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 January 11, 2023 Pg. 65
20 related to the period of violation of any of the terms of the relevant enforcement sections of the City’s Municipal 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.

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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 Contractorshall 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 January 11, 2023 Pg. 67
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, if the City requests, 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 January 11, 2023 Pg. 68
23 under AB-939, AB-901, and SB1383, 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 non-disposal facility element.

C. Annual and Quarterly Reports
(1) Contractor shall assist City in preparation of all Annual and Quarterly reporting required by CalRecycle, City Council, or successor agency, in accordance with this Agreement.
(2) Quarterly reports may be submitted, at the City’s request, 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.

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24 (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 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 rate setting 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 January 11, 2023 Pg. 70
25 or due to special requests by customers). No other charges shall be imposed by Contractor for such services unless approved by City.

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, 2029, 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-Oakland-Hayward), 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
January 11, 2023 Pg. 71
26 i. The Fee Schedule 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 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 January 11, 2023 Pg. 72
27 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 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 to 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
January 11, 2023 Pg. 73
28 A. Contractor
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, 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.

B. City’s Right to Cancel Agreement if Proposition 218 Rate Increase Fails In this Agreement, a force majeure event shall include, without limitation, any event that is beyond the reasonable control of the parties hereto, which prevents a party from fulfilling its obligations under this Agreement. This Agreement contemplates that the previous solid waste collection and related services rates charged to Customers will be increased to cover increased costs and to address periods of inflation. However, the City’s ability to raise the rates of solid waste collection and related services is not absolute and is limited by, among other things, Proposition 218’s procedures and requirements. Accordingly, if the City is unable to increase these rates because a majority of affected landowners submit a protest to the new rates to be charged under this Agreement, it shall be declared a force majeure and City shall have the right, but not the obligation, to terminate this Agreement before the expiration of the term of this Agreement without any penalties or consequences for the early termination and shall have no further obligations under this Agreement.

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.

January 11, 2023 Pg. 74
29 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 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:
______________________
______________________
______________________
January 11, 2023 Pg. 75
30 Either party may from time to time designate by Notice to the other given in accordance with this Section. Notice shall be deemed effective or received 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 E 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
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.

January 11, 2023 Pg. 76
31 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 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.

January 11, 2023 Pg. 77
32 MID-VALLEY DISPOSAL, LLC
__________________________________
Joseph Kalpakoff, Manager
(date)
N/A, single manager LLC; articles
attached.
__________________________________
(date)
_____________________________,
Manager
CITY:
__________________________________
Antony V. López, City Manager
(date)
APPROVED AS TO FORM:
___________________________________
Moses Diaz, City Attorney or Deputy
(date)
__________________________________
________________ (date)
ATTEST:
__________________________________
Maria A. Ortiz, City Clerk
(date)
January 11, 2023 Pg. 78
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 EXHIBIT A and EXHIBIT B.

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
January 11, 2023 Pg. 79
34 Contractor shall conduct contamination monitoring as defined in EXHIBIT B of this Agreement.

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 – 1290 Hydril Road
ii. Avenal City Hall – 919 Skyline Blvd
iii. Floyd Rice Park – Monterey St
iv. Veterans’ Memorial Hall - 108 W Kings St
v. Scout House – 708 E San Joaquin St
vi. Avenal Theater & Event Center – 233 E Kings St
vii. Avenal Police Department - 317 E Alpine St
viii.Water Plant
ix. Waste Water Plant
(2) Contractor shall participate in the Two (2) 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 (20) tons annually. (4) Tumble Weed abatement: Twice (2) per year Contractor will provide a packer truck to assist City with collection tumble weeds. (5) Christmas Trees: Contractor shall collect and dispose of Christmas trees left at curbside by Customers during the three regular pickups following each Christmas day.

January 11, 2023 Pg. 80
35 (6) 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. (7) Special Events: Contractor will provide free special event containers and portable toilets for City Sponsored Events such as Old Timers Day, Pistachio Days Festival, 4th of July, Holiday Magic, Food Distributions, and Farmers Market.
(8) Street Sweeping Services: Contractor will provide street sweeping services per Exhibit E.

F. 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, as long as termination of such contract does not subject the City to any penalties or payments for early termination.
(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.

January 11, 2023 Pg. 81
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 January 11, 2023 Pg. 82
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.

January 11, 2023 Pg. 83
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.

January 11, 2023 Pg. 84
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
January 11, 2023 Pg. 85
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 January 11, 2023 Pg. 86
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.

January 11, 2023 Pg. 87
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 SEPARATED 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 February 1, 2024.

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 SingleJanuary 11, 2023 Pg. 88 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 January 11, 2023 Pg. 89
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.

January 11, 2023 Pg. 90
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).

January 11, 2023 Pg. 91
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.

January 11, 2023 Pg. 92
47 EXHIBIT D - FEE SCHEDULE
Contractor Rates
2/1/2024 2/1/2025 2/1/2026 2/1/2027 2/1/2028
Residential Customers
Residential 3-Cart 64Trash-96Recycle-96Organics $22.00 $23.00 $24.00 $25.00 $26.00 Senior Rate - 64Trash-64Recycle-64Organics $20.00 $21.00 $22.00 $23.00 $24.00 Additional 96 gallon Grey Cart 1x week $11.00 $11.00 $11.00 $12.00 $13.00 Additional 96 gallon Blue Cart 1x week $9.00 $9.00 $9.00 $10.00 $12.00 Additional 96 gallon Green Cart 1x week $10.00 $10.00 $10.00 $11.00 $12.00 Street Sweeping $2.00 $2.25 $2.50 $2.75 $3.00
Commercial Customers
96 gallon Grey Cart 1x week $13.00 $15.00 $18.00 $19.00 $20.00 96 gallon Grey Cart 2x week $21.00 $25.00 $30.00 $32.00 $33.00 96 gallon Blue Cart 1x week $7.00 $8.00 $10.00 $11.00 $11.00 96 gallon Blue Cart 2x week $12.00 $14.00 $17.00 $18.00 $19.00 96 gallon Green Cart 1x week $11.00 $13.00 $15.00 $16.00 $17.00 96 gallon Green Cart 2x week $21.00 $25.00 $30.00 $32.00 $33.00 96 gallon Green Cart 3x week $32.00 $38.00 $45.00 $47.00 $50.00 Commercial Trash
1 Yard Bin
1 X Week $54.00 $63.00 $75.00 $79.00 $83.00
2 X Week $89.00 $104.00 $125.00 $131.00 $138.00
3 X Week $125.00 $146.00 $175.00 $184.00 $193.00
2 Yard Bin
1 X Week $79.00 $92.00 $110.00 $116.00 $121.00
2 X Week $139.00 $163.00 $195.00 $205.00 $215.00
3 X Week $207.00 $242.00 $290.00 $305.00 $320.00
3 Yard Bin
1 X Week $93.00 $108.00 $130.00 $137.00 $143.00
2 X Week $179.00 $208.00 $250.00 $263.00 $276.00
3 X Week $268.00 $313.00 $375.00 $394.00 $413.00
4 X Week $354.00 $413.00 $495.00 $520.00 $546.00
5 X Week $439.00 $513.00 $615.00 $646.00 $678.00
4 Yard Bin
1 X Week $104.00 $121.00 $145.00 $152.00 $160.00
2 X Week $193.00 $225.00 $270.00 $284.00 $298.00
3 X Week $279.00 $325.00 $390.00 $410.00 $430.00
4 X Week $364.00 $425.00 $510.00 $536.00 $562.00
5 X Week $450.00 $525.00 $630.00 $662.00 $695.00
Commercial Recycling
2 Yard Bin
1 X Week $39.00 $46.00 $55.00 $58.00 $61.00
2 X Week $68.00 $79.00 $95.00 $100.00 $105.00
3 X Week $96.00 $113.00 $135.00 $142.00 $149.00
January 11, 2023 Pg. 93
48 3 Yard Bin
1 X Week $46.00 $54.00 $65.00 $68.00 $72.00
2 X Week $75.00 $88.00 $105.00 $110.00 $116.00
3 X Week $111.00 $129.00 $155.00 $163.00 $171.00
4 Yard Bin
1 X Week $61.00 $71.00 $85.00 $89.00 $94.00
2 X Week $100.00 $117.00 $140.00 $147.00 $154.00
3 X Week $143.00 $167.00 $200.00 $210.00 $221.00
6 Yard Bin
1 X Week $86.00 $100.00 $120.00 $126.00 $132.00
2 X Week $143.00 $167.00 $200.00 $210.00 $221.00
3 X Week $211.00 $246.00 $295.00 $310.00 $325.00
Commercial Organics
64 Gallon cart
1 X Week $13.00 $15.00 $18.00 $18.00 $18.00
2 X Week $23.00 $27.00 $32.00 $32.00 $32.00
Per Cubic Yard Bin
1 X Week $32.00 $38.00 $45.00 $45.00 $45.00
2 X Week $64.00 $75.00 $90.00 $90.00 $90.00
Locking Lid Charge per Month $35.00 $36.00 $37.00 $38.00 $39.00 Temporary Rent a Bins (3yd)
Delivery $75.00 $90.00 $105.00 $115.00 $125.00
Per Service $60.00 $70.00 $80.00 $90.00 $100.00
Roll-Off
Delivery $70.00 $75.00 $80.00 $85.00 $90.00
Per Service $275.00 $300.00 $325.00 $350.00 $375.00
Contamination Fee (per occurrence)
1st occurrence $18.00 $19.00 $20.00 $21.00 $22.00
2nd occurrence $35.00 $40.00 $45.00 $50.00 $55.00
3rd or more occurrence $60.00 $65.00 $70.00 $75.00 $80.00 Bin exchange/cleaning fee (per bin each occurrence) $40.00 $42.00 $44.00 $46.00 $48.00 Bulky Items
Appliance $25.00 $25.00 $25.00 $35.00 $45.00
Couch/Furniture $35.00 $35.00 $35.00 $45.00 $55.00
Per Yard (overload) $35.00 $40.00 $45.00 $50.00 $55.00
January 11, 2023 Pg. 94
49 EXHIBIT E – STREET SWEEPING
In connection with the solid waste services provided, Contractor shall provide street sweeping services for the City as outlined below. All provisions of the Municipal Solid Waste Collection Agreement (“Agreement”) shall apply to the street sweeping services where applicable.

1. City currently owns two street sweepers, as identified below:

TYMCO 600
Year: 2006
Model: FC80 FREIGHTLINER
Truck VIN#1FVAB36BV26DV11693
Sweeper Serial #2006095NP60564BAH
Auxiliary Engine Model: 4045T-115HP-2 JOHN DEER
Auxiliary Engine Serial: PE4045T478362
TYMCO 600
Year: 2006
Model: N106042SB FL70FREIGHTLINER
Truck VIN#1FVABTAK24DM41454
Sweeper Serial # 1FVABTAK24DM41454
Auxiliary Engine Model: 3060G/9 11SD JOHN DEER
Auxiliary Engine Serial: 292676 03028

2. City agrees to lease the street sweepers to Contractor, without warranty, express or implied, at the cost of $1.00 per month, plus applicable tax, if any.

3. Contractor shall maintain insurance for the Sweeper(s) consistent with the requirements of the Agreement, and such insurance shall cover Contractor’s street sweeping services as described herein.

4. Contractor will provide a driver to operate the City owned street sweeper(s).

Contractor shall be responsible for hiring and maintaining all employees relating to the operation of the sweeper.

5. In the event that one of the two street sweepers are unavailable or under maintenance/repair, the Contractor is to use the other available street sweeper to meet the obligations of this exhibit. Should both street sweepers be unavailable, the Contractor is under no obligation to perform street sweeping services until a street sweeper is made available by the City.

January 11, 2023 Pg. 95
50 6. Contractor shall be responsible for fuel costs related to the operation of the sweeper(s).

7. City shall be responsible for routine maintenance and repairs to the street sweeper(s). However, if any repairs and/or maintenance are required for any of the street sweepers as a result of Contractor’s negligent or improper operation, the Contractor shall be responsible for such maintenance and repairs. If Contractor obtains maintenance and/or repairs from any source other than the City, Contractor shall be responsible for all such costs, without right of contribution from City.

8. Unless otherwise agreed in writing, the Contractor shall empty the street sweeper at the City’s designated dumping area in the City’s public works yard. The street sweeper must be empty before parking the street sweeper at the conclusion of running a route. The City shall be responsible for disposing of all materials collected during Contractor’s street sweeping services.

9. Unless otherwise agreed in writing, the street sweeper, when not being used, shall be kept at the City’s public works yard.

10.City shall retain the right to utilize the Street sweeper at no cost or obligation to Contractor.

11.Sweeping Conditions: Contractor shall adjust the travel speed of the street sweeper depending on how heavy the street curb is loaded with debris. The lighter the curb debris, the faster the street sweeper can sweep. However, in no event shall Contractor exceed ten (10) miles per hour while actively engaged in street sweeping. The following speeds are recommended by TYMCO and shall, to the extent possible, be observed by Contractor:

Street Curb Condition Maximum Travel Speed (MPH)
Paper, leaves, and/or light trash 1-10
Normal accumulation of dirt, sand and/or gravel 3-5
Heavy accumulation of dirt, sand and/or gravel 1-3

12.Quality of Street Sweeping Services. While performing sweeping services, Contractor shall remove all debris from all streets for each sweeping cycle.

If debris remains on the street after making an initial sweeping pass, Contractor shall make additional sweeping passes until all debris is removed from the street and curb.

January 11, 2023 Pg. 96
51 If, after a sweeping cycle, City determines that debris remains on the street and was capable of being collected by the sweeper, City reserves the right to require that Contractor re-sweep the area in question. Any re-sweeps requested by City shall be made within [thirty-six (36) hours of receipt of verbal or written notification. Any curb miles logged by Contractor while performing a re-sweep pursuant to this section shall not be charged to City nor included in Contractor’s monthly invoice to the City.

13.Sweeping Schedule:
a. Contractor shall sweep residential streets once (1) per week and Skyline Boulevard (SR 269 from Hydril Road to SR 33), San Joaquin Street, Kings Street, and 7th Street twice (2) per week.
b. Special Events: No more than _six_ (6) times per year, Contractor will provide street sweeping services for special events as instructed by City.

These street sweeping services shall be provided before, during and/or after all City special events in which street sweeping services have been requested by City. City shall provide notice to Contractor at least three (3) weeks before any special event wherein the City requests street sweeping services.
c. City reserves the right to amend this sweeping schedule to add, delete, or amend the areas to be swept.

14.Contractor shall keep detailed records of its street sweeping activities within the City and submit these records to City monthly. These records, at a minimum, shall document for each street sweeping session: 1. The identity of the operator of the street sweeper; 2. The beginning and ending time of the street sweeping; 3. The route traveled and cleaned by the street sweeper; 4.

The beginning and ending mileage for each street sweeping session; 5. Any unusual circumstances experienced by the operator during his or her operation of the street sweeper; and 6. Any circumstances that prevented or impeded any street sweeping activities.

15.Termination for convenience. The governing board of City may terminate this agreement for street sweeping services at any time without cause by giving thirty (30) days written notice to Contractor of such termination.

16.Contractor’s compensation for sweeping under this agreement for street sweeping services shall be calculated according to actual curb miles swept per invoice period. Contractor shall supply individual mileage logs to the City with each monthly invoice. Areas that the City has requested to be reswept to meet its satisfaction level should not be included as a basis for payment in the milage log accompanying the invoice.

January 11, 2023 Pg. 97
52 a. Commencing in 2024, the rate per curb mile of street sweeping is $19.34, based on 2080 utility customers with an expected average of 49.5 total residential curb miles per week.
b. The rate per mile that the Contractor can bill the City shall be mutually updated on a yearly basis in January and agreed upon in writing. The rate shall be based on the total number of street sweeping customers and/or total curb miles to be swept including any newly dedicated curb miles of residential streets. This rate shall not exceed the Contractor’s total costs to provide the street sweeping service, and/or the fees collected by the City for contracting the street sweeping service. The City’s fees are based on the number of utility customers subscribed to street sweeping at the approved monthly rate, minus administrative costs for the City.

January 11, 2023 Pg. 98

BEFORE THE CITY COUNCIL OF THE CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY

AUTHORIZING ENTRY INTO SOLID

WASTE COLLECTION AGREEMENT
RESOLUTION 2024-__01__
WHEREAS, the State of California, through the California Integrated Waste Management Act of 1989, codified at Public Resources Code Section 40000, et seq (the “Act”), declares that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and WHEREAS, Public Resources Code Section 40059(a)(1) authorizes the City of Avenal (“City”) to determine all aspects of solid waste handling which are of local concern; and
WHEREAS, the City has a compelling interest in and is obligated to protect the public health and safety of its residents and businesses of the City, and collection of solid waste should be undertaken in a manner consistent with the exercise of City’s obligations for the protection of public health and safety; and
WHEREAS, Public Resources Code Section 40059(a)(2) authorizes City, in its own discretion, to determine whether solid waste handling services are to be provided by exclusive or non-exclusive contract, whether the contract will be awarded with or without competitive bidding, and the terms and conditions of any such contract for waste handling services; and
WHEREAS, pursuant to Public Resources Code Sections 49300 and 49500 et seq., City has determined that the public health, safety, and well-being require that an exclusive contract be awarded to a qualified company for the collection, transfer and transportation, recycling, processing, and disposal of solid waste and other services related to meeting the diversion goals required by various legislation including AB-939 and SB-1383, and other requirements of the Act; and
WHEREAS, the City has an existing relationship with Mid Valley Disposal, LLC (“Contractor”), who is currently providing solid waste handling services, and is qualified to continue providing solid waste handling services to City; and WHEREAS, the City desires to continue to utilize Contractor’s services for solid waste collection and related services to single-family, multi-family, commercial, industrial and institutional waste generators within the City and delegate some of City’s responsibilities required by SB-1383 to Contractor; and January 11, 2023 Pg. 99
WHEREAS, City also desires to include street sweeping services utilizing the City’s two (2) street sweepers as part of the solid waste services agreement with Contractor.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Avenal held on January 11, 2024, by the following vote:

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 11, 2024, BY THE FOLLOWING VOTE:

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 Council of the City of Avenal does hereby authorize the City Manager and/or designee to sign, on behalf of the City of Avenal, the Municipal Solid Waste Collection Agreement, attached hereto as EXHIBIT A, with Contractor to provide solid waste handling and related services with an effective date of February 1, 2024.

3. Authorize the City Manager and relevant city staff to conduct the terms and conditions of this resolution and take all proper steps necessary and/or convenient and/or incidental thereto.

January 11, 2023 Pg. 100
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 11, 2024
RE: Consider Approving the Recognized Obligation Payment Schedule 24-25 for July 2024 through June 2025
INFORMATION:

The ROPS consists of the obligations of the Successor Agency as of July 1, 2024 through June 30, 2025, and a projected debt obligation schedule.

The ROPS is identical to previous ROPS however it is for the entire fiscal year and the debt obligation has been updated for the fiscal 24/25 year. Staff has included: the Annual Continuing Disclosure Reports; Bond Administration Fees, Prior Period Adjustments (PPA); Administration costs, and, debt obligation.

In total, the Successor Agency (City) is requesting $__397,250_ of Redevelopment Property Tax Trust Fund (RPTTF) be used and make payment of the Successor Agency’s enforceable obligations in 2024-25. These obligations, as well as the Successor Agency wind-down, are expected to continue until August 2026, when the 2005 RDA Revenue Bonds are paid off.

The ROPS is subject to approval by the Kings County Oversight Board. Once approved by the Oversight Board, copies of said resolution and ROPS will be sent to the County AuditorController and the State Department of Finance for approval. The ROPS is due no later than January 12, 2023.

RECOMMENDATION:

By Resolution, adopt the Recognized Obligation Payment Schedule for July 1, 2024 - June 30, 2025.

January 11, 2023 Pg. 101
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
(SUCCESSOR AGENCY) APPROVING

A RECOGNIZED PAYMENT

SCHEDULE (ROPS) PURSUANT TO
AB X1 26, FOR JULY 2024 THROUGH
JUNE 2025.

RESOLUTION 2024-_02__
WHEREAS, the City Council of the City of Avenal elected to serve as the Successor Agency to the former Avenal Redevelopment Agency (“Successor Agency”) in accordance with the Dissolution Act (enacted by Assembly Bill (“AB”) x1 26, as amended by AB 1484 and Senate Bill (“SB”) 107, and codified in the California Health and Safety Code); and
WHEREAS, among the duties of successor agencies under the Dissolution Act is the preparation of a recognized obligation payment schedule (“ROPS”) for the ensuing six-month period for consideration by a local oversight board and California Department of Finance (“DOF”) for purposes of administering the wind-down of financial obligations of the former Redevelopment Agency; and WHEREAS, a ROPS 24-25 covering the twelve-month period from July 1, 2024 through June 30, 2025, attached hereto as Exhibit “A” has been prepared by staff and consultants consistent with the provisions of the Dissolution Act and in the format made available by DOF; and
WHEREAS, Pursuant to the timeline in ABX1 26 as revised by the Supreme Court's order, the ROPS for the period July 1, 2024 through June 30, 2025 must be submitted to the Department of Finance and the County Auditor no later than February 1, 2024; and
WHEREAS, the Successor Agency has reviewed the ROPS for period July 1, 2024 through June 30, 2025.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL SPECIAL MEETING HELD ON January 11, 2024, BY THE FOLLOWING VOTE:

January 11, 2023 Pg. 102
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 Hereby:

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

2. Approve the Recognized Obligation Payment Schedule (ROPS) as attached hereto - "Attachment A."

3. The City Manager and City staff is hereby authorized and directed to post of copy of the ROPS 24-25 on the City’s website and transmit a copy to the Oversight Board for its approval and to all other agencies as required by the Dissolution Act. * * * * * * * * * * * * * * * * * *
January 11, 2023 Pg. 103
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Avenal
County: Kings
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 264,512 $ 70,500 $ 335,012 B Bond Proceeds - - -
C Reserve Balance 264,416 70,500 334,916
D Other Funds 96 - 96
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 24,738 $ 37,500 $ 62,238 F RPTTF 7,000 - 7,000
G Administrative RPTTF 17,738 37,500 55,238
H Current Period Enforceable Obligations (A+E) $ 289,250 $ 108,000 $ 397,250 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Avenal
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
$4,145,000 $397,250 $- $264,416 $96 $7,000 $17,738 $289,250 $- $70,500 $- $- $37,500 $108,000 1 2005
Revenue
Bonds
Revenue
Bonds
Issued On
or Before
12/31/10
09/01/
2005
08/15/2026 US Bank Bonds issued to
fund nonhousing project/
curb, gutter &
sidewalks
RDA
Project
Area
4,063,000 N $315,250 - 244,750 - - - $244,750 - 70,500 - - - $70,500 2 2005
Revenue
Bonds Admin
Fees
Fees 09/01/
2005
08/15/2026 US Bank Admin. Bond
Fees
RDA
Project
Area
4,000 N $4,000 - - - 4,000 - $4,000 - - - - - $-
4 Annual
Continuing
Disclosure
Report
Fees 01/01/
2014
06/30/2026 NBS Local
Gov.

Solution
Annual
Continuing
Disclosure
Report
RDA
Project
Area
3,000 N $3,000 - - - 3,000 - $3,000 - - - - - $-
6 Administrative
Costs
Admin
Costs
01/01/
2014
06/30/2026 Employees
of
Successor
Agency
Payroll cost/
Employee
Admin.

Cost
75,000 N $75,000 - 19,666 96 - 17,738 $37,500 - - - - 37,500 $37,500 Avenal
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
278,202 540 65,060 (72,712) G1 - 18-19 PPA + Cash Shortage Requested in 23-24 ROPS (See note below)
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
334,916 96 372,620 E2 - Error in accounting for the shortfall in 23-24 ROPS due to confusion over bond
reserves. Will use in 24-25 as other funds,
reducing RPTTF requested.
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
5,058 - 64,978 386,172
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
273,144 540 82 -
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required 30,442
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $334,916 $96 $(116,706) E6 - Requested to use in 24-25 ROPS due to over request in 23-24 G6 - Actual cash
shortfall received in 23-24 ROPS
Avenal
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
1 2
4 6

City Council/Successor Agency/Public Finance AuthorityJanuary 11, 2024

City Council/Successor Agency/Public Finance Authority
January 11, 2024