Agenda — City Council/Successor Agency/Public Finance Authority, January 25, 2024

CITY OF AVENAL
“Pistachio Capital of the World®”

REGULAR CITY COUNCIL/SUCCESSOR AGENCY/PFA MEETING
January 25, 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: 2024-01
(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.

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 January 11, 2024.

B. Ratify Public Hearing to Close-Out of the 2020 CDBG Grant (20-CDBG-CV-2-3-0053) (Resolution 2024- 01).

C. Ratify Holiday Update Side Letter #2 of Agreement between the City of Avenal and Avenal Police Officers Association (Resolution 2024-03)
D. Consider Approving Employee Agreement, with Cecilio Velasco for position of Chief of Police: (Resolution 2024-04).

January 25, 2024 Pg. 1

6. PUBLIC HEARING(s):

A. Public Hearing on Proposed Solid Waste Collection Rates and Street Sweeping Fees from February 1, 2024 – February 1, 2028.
a. Staff Report
b. Public Hearing
c. Discussion/Action: Approve Resolution 2024-05

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

A. None.

8. ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

1. Police Department Activity Report: Robert A. Nevarez, Chief of Police B. Special Presentations/Reports:
1) None.

9. OLD BUSINESS:

A. Consider or Ratify Approval of Municipal Solid Waste Collection Agreement between the City of Avenal and Mid-Valley Disposal, LLC, and adjacent services (Resolution 2024-02).

10. NEW BUSINESS:

A. Consider Approval of Stationary Food Vending Application and related fees (Resolution 2024-06).

B. Consider Approving a Professional Services Agreement with Collins & Schoettler Planning Consultants for City Planning Services (Resolution 2024-07).

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 22, 2024.
__ /s/ Maria Ortiz
Maria Ortiz, City Clerk
January 25, 2024 Pg. 2

CIUDAD DE AVENAL
"Capital Mundial® del Pistacho"
REUNIÓN ORDINARIA DEL CONCEJO MUNICIPAL/AGENCIA
SUCESORA/PFA 25 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:
2024-01
(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.

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 11 de enero de 2024.

B. Ratificar la audiencia pública para el cierre de la subvención CDBG 2020 (20-CDBG-CV-2-3-0053) (Resolución 2024-01).

C. Ratificar la Carta Complementaria #2 de Actualización Navideña del Acuerdo entre la Ciudad de Avenal y la Asociación de Oficiales de Policía de Avenal (Resolución 2024-03) January 25, 2024 Pg. 3 D. Considerar la aprobación del Acuerdo de Empleados, con Cecilio Velasco para el cargo de Jefe de Policía:
(Resolución 2024-04).

6. AUDIENCIA(s) PÚBLICA(s):

A. Audiencia Pública sobre las Tarifas Propuestas de Recolección de Desechos Sólidos y las Tarifas de Barrido de Calles del 1 de febrero de 2024 al 1 de febrero de 2028. a. Informe del personal
b. Audiencia Pública
c. Discusión/Acción: Aprobar la Resolución 2024-05

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

A. Ninguno.

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

A. Informes de actividad:

1. Informe de Actividad del Departamento de Policía: Robert A. Nevarez, Jefe de Policía B. Presentaciones/Informes Especiales:
1) Ninguno.

9. NEGOCIOS ANTIGUOS:

A. Considerar o Ratificar 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 2024-02).

10. NUEVOS NEGOCIOS:

A. Considerar la aprobación de la solicitud de venta de alimentos estacionarios y las tarifas relacionadas (Resolución 2024-06).

B. Considerar la aprobación de un Acuerdo de Servicios Profesionales con Collins & Schoettler Planning Consultants para Servicios de Planificación Urbana (Resolución 2024-07).

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 22 de enero de 2024.
__ /s/ María Ortiz
María Ortiz, Secretaria Municipal
January 25, 2024 Pg. 4

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.

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 excused himself form City Council meeting at 5:45 p.m.

STAFF: Lopez, Ortiz, Price, Bermudez, Davis, Williams, Nevarez.

LEGAL COUNCEL: Moses Diaz.

Antony Lopez, City Manager reported the following: adding an emergency item being time sensitive and it was noticed on the Hanford Sentinel. After Activity Reports. Item 8. PUBLIC HEARING(s): Consider Close-Out of the 2020 CDBG Grant (20-CDBG-CV-2-3-0053).

Councilman Gravelle approved adding emergency item, seconded by Councilman Hernandez, and motion carried.

Roll Call Vote:

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

NOES: None.

ABSENT: None
ABSTAIN: None.

CITY CLERK:

The City Council went into Closed Session at 5:18 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.

AGENDA ITEM NO. 5. – A.

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

Consider Public Employee Performance Evaluation for the Positions of:
• Chief of Police
• Community & Economic Development Director
Councilman Gravelle excused himself from the meeting due to a family emergency at 5:45 p.m.

Mayor Preciado reopened meeting at 6:40 p.m. with nothing to report out of Closed Session.

PUBLIC COMMENT/ANNOUNCEMENTS & UNSCHEDULED APPEARANCES:

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

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

Chief Robert Nevarez presented the Courage to Lead award to Officer José Gonzalez García.

Chief Nevarez would like to recognize a couple of members of the Avenal Police Department. The first one is newest Police Officer, Matthew Ramos. Matthew Ramos has been with the Avenal Police Department for 2-weeks and Officer Ramos is from Visalia, attended Mountain Whitney High School was football player right tackle and served in the army spent time in in Afghanistan. Chief Nevarez continues that Mathew Ramos has done a great job and impressed with what he has seen.

Mathew Ramos comes from a solid family background; present is his girlfriend Stephanie and her daughter Ava.

Officer Mathew Ramos thanked the City Council members for allowing him to represent this community and cannot wait to work with fellow officers.

Chief Nevarez wants to recognize a very prestigious award and that is called The Courage to Lead Award. This award goes to an officer that sets very high standard. Chief Nevarez looks for these qualities: 1) good judgment; 2) integrity; and 3) honesty somebody who says that they're going to do something, and their actions match their work Jose has that integrity.

Chief Nevarez is looking for somebody with strong potential for leadership and somebody that is grounded and has a strong family. If anybody ever been to any of the swearing in ceremonies, Chief Nevarez states one thing that the family carrying all the weight. Chief Nevarez see when Officer Jose Garcia comes to community events, he is surrounded by his family and loves to see that because that's somebody's going to be able to withstand the stresses. Chief Nevarez is looking forward watching Jose Garcia flourish as an officer. He expects to see incredible things from Officer Jose Garcia in the future. So, this year's award goes to now, nearly appointed Senior Officer José Gonzalez García.

Senior Officer José Gonzalez García stated he thanked everyone and fellow officers.

The City Council welcomed Officer Mathew Ramos to the City of Avenal and congratulated Senior Officer José Gonzalez García for his prestige’s award.

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).

RATIFY 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 ONCALL CITY ENGINEERING SERVICES FOR STATE AND FEDERALLY FUNDED PROJECTS.

Councilman Verdugo motion to approve, second by Councilman Hernandez and carried.

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Roll Call Vote:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle
ABSTAIN: None.

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. 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.

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 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…
ACTIVITY REPORTS/SPECIAL PRESENTATIONS & COMMITTEE REPORTS:

A. Activity Reports:

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

Scott Davis, Public Works Supervisor, reported on the following: 1) Code Enforcement; 2) Park & Landscaping; 3) Streets; 4) Water Distribution; 5) Wastewater Collection; and 6) Vehicle, Equipment, & Building Maintenance.

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

HumbertoBermudez,ITManager reported the following: 1) Internet; 2) Phone System; 3) emails; 4) Server; and 5) 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, 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.

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

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Anna Lara, Community Activities Senior Leader reported the following: 1) Dec. 8th:Valley Voices/CityCollaboration,Covid / Food Distribution; 2) Dec 9thHoliday Magic Parade; 3) December 12th Family Engagement Movie Night showed the Grinch. 4) December 16thPictures with Santa (Movie, Train Rides, Craft & Gifts); 5) Upcoming: January 12th – Valley Voices Covid / Food Distribution; and 6) Recreation Dept. rentals with revenue of $9,545.

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
City Manager Lopez reported that 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
Total 114
Female Head of Household 38
Senior Citizens 3
Disabled 3
Budget Total Expenses Disencumbered Funds
Total Admin: $41,458 $41,458 $0
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Total Implementation: $277,455 $277,455 $0
City Manager Lopez continues that 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. 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. Staff recommendation to 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.

Mayor Preciado opened Public Hearing at 7:31and there being no public comment it was closed at 7:31 p.m.

Councilman Verdugo motioned to 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, seconded by Hernandez, and motion carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle
ABSTAIN: None.

OLD BUSINESS:

A. None.

NEW BUSINESS:

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

City Manager Lopez reported that 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. 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 AB- 341, AB2176, 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.

City Manager continues that 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 Service: 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 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.

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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. 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 AB- 341, 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. 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. 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 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.

After discussion, Councilman Verdugo would like to table item for more information, seconded by Councilman Hernandez and carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle
ABSTAIN: None.

B. Consider Approving the Recognized Obligation Payment Schedule FY 24-25 for July 2024 through June 2025.

Griselda Price, Director of Administrative Services reported that 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 Auditor- Controller and the State Department of Finance for approval. The ROPS is due no later than January 12, 2023.

RESOLUTION 2024-01: 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. Councilman Verdugo approves, seconded by Councilman Hernandez, and carried.

Roll Call Vote:

AYES: Verdugo, Hernandez, Ramirez, Preciado.

NOES: None.

ABSENT: Gravelle
ABSTAIN: None.

January 25, 2024 Pg. 10
Joint Meeting City Council/Successor Agency/PFA – January 11, 2024

Page 7 of 7 ends

CORRESPONDENCE/ANNOUNCEMENTS/CLOSING COMMENTS:

City Manager Lopez reported the following: 1) The Community Center did not get additional funding other opportunities; 2) Monday, January 15th City Hall will be closed observing Martin Luther King; 2) January 30th 5:30-8PM meet & greet a potential candidate for our Assembly District Devin Mathis, someone would like to succeed him Alexandra Machado will be in Avenal; 3) Save the date - City County Coordinating meeting will be held February 21st and CrisCom would like to be help host.

Councilman Verdugo reported the following: 1) mentioned that City Attorney Diaz brought up at the State had approved an increase in the City Council pay would like it as an agenda item or study session; and 2) Also, update report on Behavioral Health.

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 8:11 p.m.

Respectfully submitted,
Maria Ortiz, City Clerk
January 25, 2024 Pg. 11
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 5. B
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 25, 2024
RE: Ratify Public Hearing to Close-Out of the 2020 CDBG Grant (20-CDBG-CV2-3-0053) (Resolution 2024-01).

INFORMATION:

At the January 11, 2024 City Council meeting, the Council approved adding an emergency item to the agenda, an item that had been noticed in the local newspaper but was added after the original agenda was posted: a public hearing to close-out the 2020 CDBG grant (20-CDBG-CV2-3-0053) (Resolution 2024-01).

The Council approved Resolution 2024-01, 4-0 with one absent. A condition of the approval was for Staff to reintroduce the item at the following council meeting. The item information and resolution are attached.

RECOMMENDATION:

By Motion, ratify Resolution 2024-01.

January 25, 2024 Pg. 12
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
Presented Jan 11, 2024
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.

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 25, 2024 Pg. 13
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
Presented Jan 11, 2024
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 25, 2024 Pg. 14

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
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−

PUB ZONE EDT TP RUN DATES
HSP A 95 S 12/12
HSO A 95 S 12/12
−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−−

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 25, 2024 Pg. 15

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 25, 2024 Pg. 16
January 25, 2024 Pg. 17
January 25, 2024 Pg. 18
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 25, 2024
RE: Ratifying Holiday Update Side Letter #2 of Agreement between the City of Avenal and Avenal Police Officers Association
INFORMATION:

On December 14, 2023, the City Council approved Resolution 2023-45, which amended the Personnel Policy to Clarify Paid Holidays. This action was taken at the urging of CalPERS personnel who had conducted an audit on safety employees and their pay, finding that Avenal had corrections in regard to Holiday Pay. It was found that the City did not report Holiday Pay historically, but has begun doing so. Likewise, another finding was that Columbus Day is not specifically listed in the M.O.U. with the APOA, despite it being the practice of granting that day as a holiday.

After working with the City Attorney and CalPERS, the policy language was amended and approved by Council. Per the resolution, the City Manager was directed to enact a side letter with the APOA to update the current MOU to reflect the corrected language.

Per CalPERS,
“It is okay to include the Employee Personal Day(s) as a condition on the MOU and okay to pay employees accordingly for those days, however, personal holidays are not reportable to CalPERS as Holiday Pay.”
Attached is the side letter, approved by both the APOA and the City Manager. Staff is requesting that Council ratify and approve the presented side letter.

Attached is also a resolution which ratifies the City Manager signing and executing the side letter with the APOA. A full resolution is being presented today in open session for ratification.

RECOMMENDATION:

Approve by motion Resolution 2024-03 as presented.

January 25, 2024 Pg. 19

BEFORE TIIE CITY COUNCIL OF THE

CITY OF AVENAL
IN TIIE】燿ATTER OF:

A RESOLUTION OF THE CITY

COUNCIL AMENDING PERSONNEL

POLICY TO CLARIFY PAID HOLIDAY
RESOLUT10N 2023-45
WHEREAS, the City of Avenal ("City") Administrative Policies and Procedures include a Personnel Policy, originally effective April 9, 1989, which has been amended from time to time;
WHEREAS, the City offers paid holidays as a benefit to certain employees who qualify for the same under either the Personnel Policy or an approved bargaining unit memorandum of understanding ("MOU");
WHER-EAS, the City contracts as an employer with the California Public Employees' Retirement System ("CaIPERS") for retirement plan benefits for City personnel;
WHEREAS, on or about August 7,2023, representatives of CaIPERS requested that the City Council ("Council") of the City update the holiday pay portion of the Personnel Policy and/or MOUs to clarifu them, as a result of findings in a February 2023 CaIPERS final report on holiday pay review covering forty (40) public agency employers, including the City;
WHEREAS, the Council now desires to update its Personnel Policy to conform to the requirements specified by CaIPERS so that paid holidays can be treated as pensionable income, and to reaffirm the City Council's intent and ratify its decision to include Columbus Day within the scope of those paid holidays agreed upon between the City and the APOA by way of each MOU which was/is effective on or after July 1, 2019.

UPON 140TION OF COUNCIL IV[E:MBER VERDUG0 SECONDED BY
COUNCIL MEMBER口田田劇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, EERNANDEZ, RAMIREZ, PRECIADO
NOES: NONE.

ABSTAIN: NONE.

ABSENT: GRAVLLE.

December14,2023 Page 1 of3 Pg.14
January 25, 2024 Pg. 20
ATTEST:

ALVARO PRECIADO,MAYOR

CITY OF AVENAL

ORTIZ,CITY

OF AVEN
NOW THEREFORE,BEIT RESOLVED TⅡ AT TⅡE CITY COUNCIL:

1. Found foregoing recitals above to be true and correct;

2. Adopted and amended the following amended rule or policy which shall supersede all prior personnel rules, policies and job descriptions covering the same subject, and the Personnel Policy originally dated and effective April 9, 1989, leaving undisturbed all other portions of said Personnel Policy, except to the extent otherwise indicated:

SECTION 13: PAID HOLIDAYS. Holidays are based on an eight (8) hour day. Full-time employees assigned to work based upon necessity may be assigned to work on holidays as part of their regular workweek schedule.

If an employee works a City holiday as part of their regularly scheduled workweek, the employee will be paid the straight-time rate of pay for their regularly scheduled shift, and the employee will also receive eight (8) hours of compensation, paid at the straight-time rate, in connection with such holiday. The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off:
1) New Year's Day
2) Martin Luther King Day
3) Presidents' Day
4) Good Friday
5) Cesar Chavez Day
6) Memorial Day
7) Independence Day
8) Labor Day
9) Columbus Day
10) Veteran's Day
11) Thanksgiving Day
12) Friday After
13) Christmas Eve
14) Christmas Day
15) Employee Personal Day(s)
b昨
January 1
3rd Monday in January
3rd Monday in February
As per annual calendar
March 31
Last Monday in May
July 4
lst Monday in September
2nd Monday in October
November 1l
4th Thursday in November
Thanksgiving Day
December 24
December 25
(as selected by Employee)
December14,2023 Page 2 of3 Pg.15
January 25, 2024 Pg. 21
When a holiday falls on a Saturday, the previous Friday will be observed as the holiday. When a holiday falls on Sunday, the following Monday will be deemed to be the holiday in lieu of the day named. The City reaffirms and ratifies, as of July 7,2019, that Columbus Day shall be recognized as a paid City holiday for full-time employees;

3. Authorized the City Manager, Human Resources Director or designee, and relevant City staff to carry out the terms and conditions of this resolution, to achieve their effectiveness at least as of July 1, 2019, and to take all steps reasonably necessary, proper and/or convenient andlor incidental thereto, including incurring any reasonably necessary expenses

4. Authorize the City Manager to prepare and present for Council approval a side letter with the APOA that matches the City's Personnel Policy on paid holidays in the current APOA MOU.

5. Ratified each and all prior actions taken in good faith by the City Manager, Human Resources Director or designee, and relevant City staff, which were carried out consistent with the terms and conditions of this resolution, including all holiday compensation previously paid in connection with each and all holidays listed above.

December 14,2023 Page 3 of3 Pg.16
January 25, 2024 Pg. 22
Avenal POA
Holiday Update
January 16, 2024

SIDE LETTER OF AGREEMENT

BETWEEN

CITY OF AVENAL
AND

AVENAL POLICE OFFICERS ASSOCIATION
This Side Letter of Agreement ("Agreement") between the Avenal Police Officers Association ("Association") and the City of Avenal ("City"), (collectively, "Parties"), is entered into with respect to the following:

WHEREAS, the Parties are currently subject to a Memorandum of Understanding (MOU);
WHEREAS, the Parties have met and conferred and believe that is in the best interests of both sides to modify an existing provision set forth in the MOU; WHEREAS, the following sets forth the Parties' Agreement:

Article 20, entitled “HOLIDAYS”, shall be modified as follows:

ARTICLE 20 : HOLIDAYS. Holidays are based on an eight (8) hour day. Full-time employees assigned to work based upon necessity may be assigned to work on holidays as part of their regular workweek schedule. If an employee works a City holiday as part of their regularly scheduled workweek, the employee will be paid the straighttime rate of pay for their regularly scheduled shift, and the employee will also receive eight (8) hours of compensation, paid at the straight-time rate, in connection with such holiday. The following holidays are recognized as municipal holidays for pay purposes and all regular and probationary employees shall have these days off:
1) New Year’s Day January 1
2) Martin Luther King Day 3rd Monday in January
3) Presidents’ Day 3rd Monday in February
4) Good Friday as per annual calendar
5) Cesar Chavez Day March 31
6) Memorial Day Last Monday in May
7) Independence Day July 4
January 25, 2024 Pg. 23
8) Labor Day 1st Monday in September
9) Columbus Day 2nd Monday in October
10) Veteran’s Day November 11
11) Thanksgiving Day 4th Thursday in November
12) Friday After Thanksgiving Day
13) Christmas Eve December 24
14) Christmas Day December 25
15) Employee Personal Day(s) (as selected by Employee)
The City reaffirms and ratifies, as of July 1, 2019, that Columbus Day shall be recognized as a paid City holiday for full-time employees. All sworn personnel shall observe the holiday on the actual calendar day in which the holiday falls.

This article shall be included in the successor Memorandum of Understanding between Avenal Police Officers Association, and the City of Avenal, following the expiration of the current Memorandum of Understanding on June 30, 2025.

For the APOA For the City:
___________________ _________________
Craig MacDonald Antony V. López
Date:_____________ Date:_____________
January 25, 2024 Pg. 24
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

Resolution of the City Council of the City
of Avenal Ratifying Side Letter #2 with the
Avenal Police Officer’s Association
(APOA) Attached to the July 1, 2021 –
June 30, 2025 MOU.

RESOLUTION 2024-__03__
WHEREAS, a Resolution to Meet and Confer with the Avenal Police Officer’s Association (APOA) was adopted in 2011 to meet and discuss working conditions, salaries, benefits, and other incidental matters; and
WHEREAS, the City Council and APOA have discussed said matters which relate to and affect the City’s Administrative Polices and Procedures, original effective April 9, 1989, which has been amended from time to time; and WHEREAS, per Resolution 2023-45, the City Council amended the City’s Administrative Policies and Procedures affirming that as of July 1, 2019, Columbus Day shall be recognized as a paid City holiday for full-time employees; and WHEREAS, the City Council and the City Manager have agreed to the following:

SEE ATTACHMENT A
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 25, 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:

January 25, 2024 Pg. 25
2 of 2

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

2. That the City Council hereby approves the side letter agreement #2 as agreed upon by both the City and APOA as per Attachment A.

3. That such language changes are effective as of July 1, 2019.

4. All other benefits shall remain the same.

5. That Columbus Day shall be recognized as a paid City holiday for full-time employees.

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

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 5. - D
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 25, 2024
RE: Consider Ratifying Employee Agreement, with Cecilio Velasco for position of Chief of Police
INFORMATION:

On July 25, 2022, Robert Anthony Nevárez was appointed to the position of Chief of Police for the Avenal Police Department. Chief Nevárez was appointed as interim Chief of Police, for a term of two years, until July 30, 2024, with the main priorities being stability and creation of a succession plan for the APD.

Around October 2023, Chief Nevárez advised the City Manager and City Council to open the recruitment process for the next Chief, to ensure a successful transition before the Chief’s current contract expired. Under the Council’s guidance, City Staff commenced a selective recruitment process, inviting three individuals working in law enforcement in the Central Valley.

After subjecting each applicant to a process which included a writing assessment, mock presentation, and interview, participated by both staff and local community members, the City Manager reviewed all the results and comments. Based upon previous community surveys, recent interactions and speaking to various stakeholders, the City Manager determined that Cecilio Velasco would be the right fit for the Avenal Police Department and the greater City of Avenal.

After presenting their recommendations, the City Council directed the City Manager to begin negotiations to contract the next Chief of Police. Attached is the employment agreement with Cecilio Velasco, who has agreed to serve as Avenal’s Chief of Police for a term of five years.

Staff requests that Resolution 2023-04 be approved, authorizing the City Manager to execute an employment contract with Cecilio Velasco.

RECOMMENDATION:

Approve by motion, Resolution 2024-04, as presented, and approve the City Manager to execute the employment agreement with Cecilio Velasco, as the next Chief of Police.

January 25, 2024 Pg. 27

EMPLOYMENT AGREEMENT
This Agreement is made and entered into on the latest date set forth by signature below by and between the City of Avenal, California (“CITY”) and Cecilio Velasco (“EMPLOYEE”) both of whom understand and agree as follows:

WHEREAS, CITY desires to employ the services of EMPLOYEE as Chief of Police; and
WHEREAS, it is the desire of the CITY to provide certain benefits, to establish certain conditions of employment and to set working conditions for EMPLOYEE; and WHEREAS, EMPLOYEE desires to accept employment as the Chief of Police for the City of Avenal under the terms and conditions set forth in this Agreement.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

Section 1: Appointment and Duties.

A. Upon successful completion of EMPLOYEE’s psychological and medical screenings, the City Council hereby appoints EMPLOYEE as the Chief of Police of the City of Avenal, to competently perform functions and duties of the Chief of Police as set forth in the City of Avenal Municipal Code, as it may be amended from time to time, in addition to any other functions and duties specified by State and federal law, CITY ordinance or resolution, CITY policies, operative job description or other directive, and to perform other legally permissible and proper duties and functions as the City Manager and the City Council shall assign from time to time, without additional compensation aside from the compensation provided for in this Agreement. Both parties acknowledge that the specific duties of the position may vary from time to time. EMPLOYEE must work exclusively for CITY and must not consult or accept concurrent employment or commercial business opportunity with any other person or entity without the prior written approval of the City Manager.

B. EMPLOYEE must devote his/her best efforts, full energy, skill, ability and productive time to the performance of his/her duties under this Agreement.

C. The operational control and supervision of the CITY’s police department shall be under the control of the Chief of Police. Pursuant to Avenal Municipal Code (“AMC”) § 4-11.01(d), the Chief of Police shall direct the administration and operations of the police department and, in addition to policies transmitted to him/her by the City Manager, shall establish such other policies, directives, rules and regulations for the administration and operations of the police department as he/she sees fit. However, from an organizational standpoint, and pursuant to AMC § 4-11.01(c), the City Manager shall be the immediate supervisor of the Chief of Police and the Chief of Police shall report directly to the City 2 of 12
Manager and not to the City Council or individual members thereof, unless otherwise directed to do so by the City Manager or a duly enacted ordinance.

D. The EMPLOYEE shall be responsible for the supervision of a full service municipal police department. EMPLOYEE’s duties shall include, but are not limited to, the following:

1. Assisting with the recruitment of a qualified and competent full-time permanent Chief of Police who will be the successor to the incumbent Chief of Police;

2. Development and updating of a strategic Chief of Police succession plan for present and future incumbents of that public office;

3. Planning, organizing, coordination and implementation of all police services, and all services incidental thereto;

4. Preparation and submission to the City Manager of a proposed police department budget and grant applications as directed, and operation of the police department within the annual budget as approved by the City Council and authorized by the City Manager;

5. Hiring, training and supervision of all police department personnel, provided that pursuant to AMC § 4-11.01(d), all terminations and filling of vacancies within the police department must only occur with the express consent and approval of the City Manager, which must be in writing;

6. Supervision and control of all equipment and motor vehicles assigned to and held by the police department;

7. Establishing weapons, ammunition, uniforms, equipment and vehicle specifications and policies for the police department;

8. Maintaining the discipline of police department personnel; the development and issuing of orders, rules, regulations, policies and procedures, subject to the approval of the City Manager and consistent with CITY’s ordinances, rules and regulations to the extent appropriate;

9. Provide police department goals, objective, priorities, statistical reports and police activities, as directed by the City Manager, to the City Council;

10. Maintain regular communication with, and provide written progress reports to, the City Manager as to all pending requests to the Chief of Police from the City Manager and City Council;
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11. Coordinate with the City Manager an introduction to the City Council of all new CITY police officers, and an opportunity for them to be ceremonially sworn in at a City Council meeting with their loved ones present;

12. Coordinate with the City Manager a time to recognize, at a City Council meeting, individual CITY police officers who have achieved a significant professional accomplishment;

13. Provide communications with the public, including the media, on matters relating to crime, police activities and department policy;

14. Command all of the CITY’s police officers and serve as the CITY’s chief law enforcement officer;

15. Perform other duties as required and appropriate for a chief of police in a small police department located in a small rural community such as the City of Avenal; and

16. Maintain and keep in good standing the Avenal Police Department’s P.O.S.T. accreditation.

Section 2: Term of Agreement.

A. This Agreement shall be effective commencing on February 12, 2024, and the term of this Agreement shall automatically expire at the end of the calendar day (11:59:59 P.M. local time) on February 28, 2029. If a new Chief of Police is not yet selected or sworn in, the CITY shall have the option to extend the term of this Agreement for an additional two (2) years, provided that written notice of the extension is provided to EMPLOYEE no later than sixty (60) days before end of the term or extended term.

B. Nothing in this Section shall prevent, limit, or otherwise interfere with the right of the CITY to terminate the services of EMPLOYEE at any time, subject only to the provisions set forth in this Agreement.

C. Nothing in this Section shall prevent, limit or otherwise interfere with the right of the EMPLOYEE to resign at any time from his/her position with the CITY, subject only to the provisions set forth in this Agreement.

Section 3: Compensation and Benefits.

A. CITY agrees to pay EMPLOYEE, for his/her services rendered under this Agreement, a gross annual base salary of one hundred thirty-eight thousand U.S. dollars ($138,000 USD) per year. Said salary shall increase by ten thousand U.S. dollars ($10,000 USD) upon a successful evaluation at the completion of six months of service, and possession of a POST Managerial Certificate. Salary shall be earned and payable on a pro rata basis at the close of each pay period, and paid to EMPLOYEE at the same times, and in the same manner, as full-time salaried employees of the CITY are paid, and shall be subject to all applicable taxes and withholdings, which may include without limitation Social Security, FICA and employee contributions for the Public Employee Retirement System (“PERS”). In addition to salary, EMPLOYEE shall be eligible to qualify for all of CITY’s differential pay incentives, including but not limited to Bilingual Skills Differential pay.

B. The parties agree that EMPLOYEE shall be responsible for the employee portion of contributions which are required by applicable laws, benefits providers and retirement plans, including without limitation those for Social Security and PERS, and the CITY shall be responsible for the corresponding employer contributions.

C. Benefits:
(i) General: The parties agree that EMPLOYEE shall be entitled to paid administrative leave, paid sick leave, paid holiday leave, life insurance, employer PERS contributions as provided under this Agreement, and such other benefits, stipends and allowances provided hereunder. EMPLOYEE agrees to be responsible for each and all individual income tax consequences resulting from CITY’s payment of EMPLOYEE’s benefits, including but not limited to and all financial stipends and allowances received by EMPLOYEE. All paid and unpaid leaves may be used at the discretion of EMPLOYEE with the prior written approval of the City Manager.
(ii) PERS: EMPLOYER shall provide the Public Employees Retirement System (PERS) retirement to EMPLOYEE. EMPLOYER shall pay the entire employer and employee contribution to PERS to maintain the 2.7% at 57 program, subject to approval by PERS. If at any time, and for any reason, EMPLOYEE is required to pay any portion of his/her retirement contributions, CITY will equitably adjust EMPLOYEE's salary to reimburse EMPLOYEE. (iii) Health Insurance: CITY shall pay all premiums for EMPLOYEE to receive a Healthcare Program, Dental Plan and Vision Plan for EMPLOYEE and EMPLOYEE's qualifying dependents, in accordance with the rules and regulations governing those insurance plans under the CITY's contract for the same. The EMPLOYEE shall not be entitled to receipt of any cash equivalent amount representing the cost of these benefits. (iv) Laptop Computer: Employee shall be issued a CITY laptop with limited remote access to his working files (without remote access to law enforcement or other sensitive or regulated databases), unless otherwise mutually agreed upon to allow full remote access to working files by the City Manager and IT Manager.
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(v) Vacation Leave: EMPLOYEE shall accrue paid vacation leave at the applicable rate prescribed by the City Council’s paid vacation accrual policy, as amended from time-to- time, which is generally applicable to all CITY employees. Accrual of vacation leave shall commence at a rate for an employee with ten (10) years of service, and shall be capped and shall not under any circumstances exceed three hundred twenty (320) hours. When necessary to avoid exceeding such maximum accrual limit, the EMPLOYEE shall be allowed to cashout accrued an amount of vacation time equal to that which accrued during the preceding twelve (12) month period, but not before successful completion of a full twelve (12) months of service to the CITY. Vacation leave may be taken with the approval of the City Manager and consistent with policies of the CITY. Immediately prior to effective moment of separation from service with the CITY, all of the EMPLOYEE’s accrued vacation leave shall be converted to administrative leave. Upon the signing of this Agreement, eighty (80) hours of vacation leave shall be immediately available to EMPLOYEE. (vi) Administrative Leave: EMPLOYEE may borrow up to the amount of EMPLOYEE’s annual allotment of eighty (80) hours of general administrative leave, minus any administrative leave which has already accrued, whenever EMPLOYEE has not yet accrued sufficient administrative leave to use. Unused administrative leave shall not be carried forward from calendar year to calendar year.
(vii) Sick Leave: EMPLOYEE shall accrue paid sick leave at the applicable rate prescribed by the City Council’s paid sick leave accrual policy, as amended from time-totime, which is generally applicable to all CITY employees. Sick leave shall accrue without limit. In the event the EMPLOYEE’s employment with CITY terminates, EMPLOYEE shall not be entitled to payment for unused sick leave. In the event the EMPLOYEE retires without any disciplinary action pending, EMPLOYEE shall still not be paid out any accrued and unused sick leave, but if permitted by PERS the same shall be counted as service credit, and/or in such manner which is consistent with the CITY’s then-existing policy, which may be amended from time to time. Upon the signing of this Agreement, eighty (80) hours of sick leave shall be immediately available to EMPLOYEE.
(viii) Holiday Leave: EMPLOYEE shall accrue paid holiday leave at a rate of eight (8) hours for each holiday recognized by the CITY, plus two (2) personal holidays. This time shall accrue without limit. In the event the EMPLOYEE terminates employment with the CITY, EMPLOYEE shall be paid out for all unused accrued holiday leave at EMPLOYEE’s rate of pay at the time of separation, or in such manner which is consistent with the CITY’s then-existing policy, which may be amended from time to time. (ix) Cellular Telephone: EMPLOYEE shall be paid a stipend of fifty U.S. dollars ($50) per month to maintain a functional cellular telephone which EMPLOYEE must be utilized in carrying out EMPLOYEE’s duties for the CITY, at no further cost to the CITY. (x) Tuition Reimbursement: This contribution shall only be provided in accordance with terms of a citywide employee benefits policy(ies), if any, as updated from time to time. 6 of 12
As of the date of this Agreement, this citywide benefit was repealed and may be reestablished in the future. (xi) Automobile Benefit: So long as EMPLOYEE maintains a valid driver’s license, EMPLOYEE may utilize a CITY automobile in order to commute to and from work and for personal reasons while traveling to and from work. Said vehicle shall be insured, repaired and otherwise maintained at the CITY’s expense. The value of said benefit shall not count in any computation towards the PERS retirement program and no cash equivalent shall be paid to EMPLOYEE if he/she shall decline this benefit.

D. Performance, Salary and Informal Evaluations: The City Manager shall review and evaluate the performance and salary of the EMPLOYEE at least once annually, on or about the EMPLOYEE’s employment anniversary and/or at such other mutually agreed time(s). Additionally, during the first year of this Agreement, the EMPLOYEE shall be entitled to initiate and obtain an informal performance evaluation approximately one hundred eighty (180) days after the EMPLOYEE begins his/her employment hereunder. The annual review and evaluation may be in accordance with specific criteria developed jointly by the City Manager, City Council or designee and EMPLOYEE. Such criteria may be revised, added to or deleted from time to time. If satisfied with EMPLOYEE’s performance, CITY shall have the right, in its sole and absolute discretion, to either award a salary increase or decline to award such an increase. Special consideration shall be given should the EMPLOYEE receive his Executive POST Certificate and a Bachelor’s degree within the first twenty-four (24) months of service to the CITY.

Section 4: At-Will Employment.

A. EMPLOYEE understands and expressly agrees that EMPLOYEE has no constitutionally protected property or other interest in his/her employment as Chief of Police.

EMPLOYEE understands and expressly agrees that EMPLOYEE serves at the will and pleasure of the City Manager pursuant to Avenal Municipal Code § 4-11.01(b) and that EMPLOYEE may be terminated or asked to resign at any time, with or without cause, subject to the terms of this Agreement.

B. Resignation: EMPLOYEE must give the CITY at least sixty (60) days prior written notice if EMPLOYEE voluntarily resigns from the Chief of Police position prior to expiration of this Agreement. The parties agree that this is a material term of this Agreement.

C. Termination Without Cause: The CITY may without cause terminate EMPLOYEE upon thirty (30) days written notice. At the end of said thirty (30) day period, EMPLOYEE’s service to the CITY shall automatically terminate. EMPLOYEE shall be allowed to use accrued vacation, not to exceed ten (10) working days, during said thirty (30) calendar day notification period. If separation hereunder occurs within the first six (6) months of this Agreement, EMPLOYEE shall thereupon be entitled to receive a lump sum severance pay equal to six (6) months salary only (i.e. without any benefits), plus any salary earned as of the final date of employment, and accrued vacation leave. After the first six (6) months of service but before a full twelve (12) months of service, EMPLOYEE shall thereupon be 7 of 12
entitled to receive a lump sum severance pay equal to ten (10) months salary only (i.e. without any benefits), plus any salary earned as of the final date of employment, and accrued vacation leave.

If separation hereunder occurs any time after the first twelve (12) months of this Agreement severance pay shall be the same, except that the base salary component shall instead be twelve (12) months. Upon payment of said lump sum, all other obligations of both CITY and EMPLOYEE under this Agreement shall cease. Notwithstanding the foregoing, the limits of Government Code § 53260(a) shall be complied with to the extent applicable.

D. Release Required: Notwithstanding any other provision to the contrary, as a pre-requisite to the receipt of any amount of severance payment under this Agreement, EMPLOYEE agrees to sign no later than ten (10) working days after the effective date of EMPLOYEE’s resignation, a complete and general release of liability of the CITY and each and all of its officers, employees, consultants and agents in a form approved by the CITY, which shall not apply to the severance payment authorized under this Agreement. All severance paid under this Agreement shall not be deemed to be wages, no withholding shall be required by CITY and EMPLOYEE shall be solely responsible for income taxes associated with such severance payment.

E. Termination for Cause: Notwithstanding any other provision of this Agreement, CITY may terminate this Agreement for cause upon ten (10) days written notice to EMPLOYEE. For the purposes of this Agreement, cause is defined as follows: (a) The arrest or conviction of EMPLOYEE for any illegal act involving personal gain to him/her, sexual misconduct and/or any felony; (b) Abuse of non-prescription controlled substances or alcohol which materially affects or carries the potential to materially affect the performance of the EMPLOYEE’s duties; (c) Repeated or protracted unexcused absences from the Chief of Police’s public office and duties; (d) Any unlawful conduct which results in a substantial risk of exposure to civil liability to the CITY; or (e) Breach of any obligation imposed by this Agreement. At the end of said 10-day notice period, the EMPLOYEE’s services shall terminate and all further obligations of both EMPLOYEE and CITY under this Agreement shall cease. Any termination pursuant to this subsection shall not prejudice any other remedy to which the CITY may, either at law, in equity or under this Agreement, be entitled.

F. Termination for Disability/Fitness for Duty Examination: Notwithstanding any other provision within this Agreement, this Agreement shall terminate and the CITY shall not be obligated to make any severance payment whenever the EMPLOYEE is unable to perform the essential functions of his/her position due to any physical or mental illness or other disability, for a period of no less than (3) months, and it is medically determined that the EMPLOYEE is disabled from performing the essential functions of his/her position, with or without reasonable accommodation.
(i) A determination that the EMPLOYEE is so disabled shall be made by the City Manager based upon competent medical evidence and in accordance with applicable California and federal laws pertaining to the protection of disabled employees.
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(ii) If at any time it is determined by the City Manager that a question exists as to the EMPLOYEE's ability to perform the essential functions of his/her position, the City Manager may require that the EMPLOYEE undergo a comprehensive fitness for duty medical and/or psychological examination with a qualified medical evaluator, licensed and certified by the State of California, paid for and selected by the CITY.
(iii) Prior to the examination, the EMPLOYEE agrees to execute all CITY provided medical releases from all treating health care providers, authorizing the CITY appointed medical evaluator to review all medical records. EMPLOYEE hereby waives any physician-patient privilege, right of privacy, or other privilege or immunity only to the extent necessary to permit the CITY review of and action upon the examination and report provided for herein. The conclusions and findings of the report shall remain confidential to the extent permitted by law, unless a legal dispute arises in which case the dispute may be litigated publicly in a court of law.

Section 5: Hours of Work.

A. EMPLOYEE shall commence work under this Agreement on February 12, 2022 . The Chief of Police position is an exempt employee position and EMPLOYEE is expected each month to engage in a sufficient number of hours of work necessary to competently fulfill the obligations of the Chief of Police position. Though the Chief of Police position does not have a particular set of hours of work, the Chief of Police must be available at all reasonable times, including at any hour of the day or night during any emergency or other exigency which arises.

B. Unless excused by the City Council or the City Manager, EMPLOYEE or a high ranking designee thereof is expected to attend each and all City Council meetings, including special meetings, and if requested by the presiding officer at any such meeting, must assist the presiding officer in maintaining and/or restoring order at and control during such meeting(s). Regular City Council meetings are presently scheduled for the evening on the Second (2nd) and Fourth (4th) Thursday of each month. The schedule of meetings may be amended from time to time.

C. Except for the meetings of the City Council, EMPLOYEE must carry out his/her employment duties primarily during normal business/office hours as set by the City Manager, City Council, local ordinance, State law or applicable grant funding requirements.

D. In coordination with the City Manager, EMPLOYEE must also make a good faith effort to attend major City events, festivals, and functions held within the community, and represent the CITY as needed at functions outside of the city, as well as coordinate attendance or representation from the police department at the same functions as required.

Section 6: Payment of Expenses of Employment.

The CITY shall pay the following usual and customary employment expenses. 9 of 12
A. Professional Development: CITY agrees to budget and pay the professional dues, subscriptions, travel and other business expenses of the EMPLOYEE reasonably necessary for his/her continuation and participation in national, regional, State and local associations and organizations selected by the City Manager, including the California Police Chiefs Association, Kings County Police Chiefs, League of California Cities and similar organizations, necessary and desirable for his/her continued professional participation, growth and advancement, and for the benefit of the CITY. Notwithstanding the foregoing, CITY shall have the sole and exclusive discretion as to which items noted in this paragraph shall be paid by CITY.

B. In addition, CITY agrees to appropriate within the police department budget a sum of Seven Hundred Seventy Five U.S. dollars ($775.00 USD) dollars for EMPLOYEE to purchase uniforms and clothing to be worn while performing the duties of Chief of Police. A uniform allowance for the remainder of the contract shall be negotiated between EMPLOYEE and the City Manager, and approved by the City Council. CITY agrees to appropriate an amount to be agreed upon between EMPLOYEE and the City Manager for standard safety equipment purchases.

C. The cost of any fidelity or other bonds or equivalent required by law for the Chief of Police.

D. The cost to defend and indemnify EMPLOYEE to the extent required by California law, as provided by the California Tort Claims Act [Government Code §§ 810 et seq.] in Government Code §§ 825-825.6 and/or 995-995.6, or otherwise.

Section 7: Notice.

A. Except as may be otherwise required by law, any notice to be given shall be written and shall be either personally delivered, sent by facsimile transmission or sent by first class mail, postage prepaid, with either return-receipt requested or delivery confirmation, and addressed as follows:
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CITY
Mayor and City Clerk

CITY OF AVENAL
919 Skyline Boulevard
Avenal, California 93223
559-386-5766
559-386-0629 (fax)
EMPLOYEE:

Cecilio Velasco
(Address provided by employee is on file)
With A Copy To:

Moses Diaz, City Attorney

PUBLIC INTEREST LAW FIRM
A Professional Corporation
2902 West Main Street
Visalia, California 93291
559-900-3500
559-900-3555 – (fax)
B. Notice personally delivered is effective when delivered. Notice sent by facsimile transmission is deemed to be received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth (5th) day after the date of mailing. Either party may change the above address by giving written notice pursuant to this paragraph.

Section 8: General Provisions.

A. Entire Agreement Represented: This Agreement represents the entire agreement between EMPLOYEE and CITY as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of both parties and without expressly and specifically referencing an intent to supersede or otherwise amend this Agreement.

B. Conflict With Laws or Regulations/Severability: If any provision of this Agreement is found by any court or other legal authority, or is agreed by the parties to be, in conflict with any code or regulation governing its subject matter, only the conflicting provision shall be considered null and void. If the effect of nullifying any 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 affected party. In all other cases the remainder of the Agreement shall continue in full force and effect.

C. Attorneys’ Fees: If any legal action or proceeding is brought to enforce or interpret this Agreement, the prevailing party, as determined by the court, shall be entitled to recover from the other party all reasonable costs and attorney’s fees, including such fees and costs as may be incurred in enforcing any judgment or order entered in any such action.

D. Waivers: The failure of either party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by either party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by the other party.
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E. Representation by Legal Counsel: The parties acknowledge and agree that they were, or had a reasonable opportunity to be, represented individually by legal counsel with respect to the matters which are the subject of this Agreement and that, either way, they are now fully advised with respect to their respective rights and obligations resulting from signing this Agreement.

F. Construction: This Agreement reflects the contributions of all undersigned parties and accordingly the provisions of Civil Code section 1654 shall not apply to address and interpret any alleged uncertainty or ambiguity.

G. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. EMPLOYEE agrees to perform this Agreement in accordance with all applicable federal, State and local laws. EMPLOYEE and CITY agree that this Agreement is deemed to be entered into in Avenal, California, and that venue for any dispute between the parties shall be in Kings County, California.

H. Headings: Section headings are provided for organizational purposes only and do not in any manner affect the scope, meaning or intent of the provisions under the headings.

I. Assignment: Unless otherwise provided in this Agreement, CITY is relying upon the personal skill, expertise, training and experience of EMPLOYEE and no part of this Agreement may be assigned or subcontracted by EMPLOYEE without the prior written consent of CITY. Any attempted assignment shall be null and void.

J. No Third-Party Beneficiaries Intended: Unless specifically set forth, the parties to this Agreement do not intend to provide any other person or entity other than a signatory hereto with any benefit or enforceable legal or equitable right or remedy.

IN WITNESS WHEREOF, the City Council of the City of Avenal has authorized its City Manager to sign and execute this Agreement on behalf of the CITY, as set forth below, and EMPLOYEE has fully reviewed, signed and executed this Agreement. By affixing their signatures below each of the parties indicate that each agrees to be deemed to have read and understood the Agreement, and shall abide by the terms stated herein. [SIGNATURES ON NEXT PAGE]
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Date:

Antony V. López, City Manager
Date:

Cecilio Velasco
APPROVED AS TO FORM:

Moses Diaz, City Attorney

Page 1 of 2 ends

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF AVENAL ENTERING

INTO AN AGREEMENT WITH CECILIO
VELASCO FOR THE POSITION OF "CHIEF
OF POLICE” FOR THE CITY OF AVENAL
POLICE DEPARTMENT.

RESOLUTION 2024-__04__
WHEREAS, the City of Avenal established a new Police Department which mobilized on November 15, 2010; and
WHEREAS, Robert Anthony Nevárez will have served as Interim Chief of Police from July 25, 2022, until on February 12, 2024; and
WHEREAS, On December, 2023, the City Council direct the City Manager to begin negotiations to contract the next Chief of Police; and WHEREAS, it is in the best interest of the City and its Citizens to hire a Police Chief that has extensive knowledge and well-skilled in law enforcement and all that it entails; and
WHEREAS, Cecilio Velasco, with over 19 years of experience has extensive knowledge and is well-skilled in law enforcement and all that it entails; and WHEREAS, the City desires to have a Chief who can maintain a positive working relationship with the community and staff, which Cecilio Velaco has done in his previous roles as acting Chief of Police, Commander and Sergeant at other agencies.

UPON MOTION OF COUNCIL MEMBER , SECONDED BY

COUNCIL MEMBER , THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL MEETING HELD ON January _25__, 2024, BY THE FOLLOWING VOTE:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

HARLIN CASIDA, Mayor,

CITY OF AVENAL
MARIA ORTIZ, City Clerk

CITY OF AVENAL
__________________________________
ALVARO PRECIADO, Mayor

CITY OF AVENAL
January 25, 2024 Pg. 28

Page 2 of 2 ends

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

1. Found that the foregoing recitals are true;

2. Does hereby approve and authorize the City Manager to enter into an Agreement with Cecilio Velasco for the position of Avenal Police Chief commencing February 12, 2024 for a period as agreed upon and so designated by the attached Employment Agreement.

3. Ratify and approve the actions of the City Manager to negotiate and execute the attached Employment Agreement prior to January 25, 2024.

4. Authorized the City Manager, City Clerk and relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
January 25, 2024 Pg. 29
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
AGENDA ITEM NO. 6. A
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
PREPARED BY: Dan Bergmann, IGS
DATE: January 25, 2024
RE: Public Hearing on Proposed Solid Waste Collection Rates and Street Sweeping Fees from February 1, 2024 – February 1, 2028

RECOMMENDATION
City Council is hereby recommended to approve the attached resolution (Resolution 2024-05) to adopt revised solid waste collection rates, effective February 1, 2024, to cover increased operating costs associated primarily with the City’s contracted cost with Mid-Valley Disposal.

BACKGROUND AND DISCUSSION
The existing solid waste collection rates have been in place for more than 23 years. With new legislative requirements, particularly that of SB-1383, and at the request of Mid-Valley, which has taken the brunt of the new rules, regulations, and the need for compliant equipment, refuse rates must be increased, and new rate categories added for recycling and organics handling. The requested increase is being done in parallel with a proposed new solid waste collection agreement with Mid-Valley, handled separately from this resolution for rates. The new agreement also contains a street sweeping fee applicable to all customers, including detailed terms for Mid-Valley to perform street sweeping within the City limits on a regular basis.

Working closely with City staff, Dan Bergmann of IGService prepared a rate study to evaluate the City’s cost of billing and overhead associated with solid waste collection and to comply with the requirements of Proposition 218. The rate study is included with this staff report. The Proposition 218-compliant rate notice is also included.

ALTERNATIVES
The alternative is not to increase solid waste collection rates. If so, revenue will be less than overall operating costs of the solid waste enterprise fund, and general fund revenue would need to be used to cover solid waste operating costs.

FISCAL IMPACT
The proposed increases over the next five years are planned to meet operating costs for the solid waste enterprise fund such that solid waste operations are not a burden on the City’s general fund. The overall revenue increases are shown in Attachment 2 of the rate study.

ATTACHMENTS:

1. Proposed Resolution with new refuse rates

2. Proposition 218-compliant rate notice

3. IGService Rate Study, dated December 1, 2023
January 25, 2024 Pg. 30

CITY OF AVENAL

NOTICE OF PUBLIC HEARING ON

PROPOSED INCREASES IN REFUSE RATES
To comply with Proposition 218 (California Constitution Article XIIID, Section 6), the City of Avenal gives the following notice.

Public Hearing: At 5:15 p.m. (or thereafter) on Thursday, January 25, 2024, at the Avenal Theater & Event Center, 233 E. Kings Street, Avenal, CA, the Avenal City Council will hold a public hearing on proposed increases in refuse rates, and to hear and consider objections and protests to the proposed increases described in this notice. Access to the meeting is also available by phone or internet, with specific connection information to be on the City Council Meeting agenda, made available, on the City’s website (www.cityofavenal.com) and posted at City Hall, to the public prior to the hearing.

Rate Study Report: A Rate Study Report has been prepared by IGService, dated December 1, 2023, describing details of the refuse rate changes and the method used to calculate the rate changes, and the contents submitted to the City Council. The report is available at City Hall and can also be found on the City’s website.

Amount of Proposed Modified Rates: Existing and proposed rates are included in this Notice. For a typical singlefamily home, standard three-cart service will increase from $19.00 per month to $23.76 per month in the first year. A street sweeping rate will also be added at $2.50 per month in the first year. The combined increase for single-family homes will be $7.26 per month in the first year. Increases for commercial rates are shown in the attached table, including subsequent increases for all customers covering the five-year rate setting period.

Reason for the Needed Increase in Refuse: Collection of landfill waste, recycling and organics materials is done for the city by contract with Mid-Valley Disposal. Fees charged to the city by Mid-Valley have not been increased for over 15 years, despite increases in labor and equipment costs, insurance and other overhead cost increases. Additionally, California law (SB-1383) now requires additional services by Mid-Valley related to collection of food-based waste. The Rate Study Report incorporates increased and new fees from Mid-Valley, then adds a calculated eight percent needed each year to cover specified city costs to yield the rates to be charged to customers. Revenue from the increased rates will not be more than required for the City to provide adequate service. Specifically, the proposed rates do not exceed the proportional cost of providing each service.

Procedure for Hearing and Determining Majority Protest: At the time stated above in this Notice, the Council will hear and consider all objections and protests, if any, to the proposed increases and other matters described in the Report.

The Council may continue the hearing from time to time. At the close of the hearing, if written protests against the proposed increases are presented and not withdrawn by a majority of the record owners (or customers-of-record) of the parcels which would be subject to the increases, the City may not impose the increased refuse rates; instead, rates would continue at their existing levels. If, at the close of the protest hearing, there is no majority protest as described above, the Council may approve the increases, as proposed, or as changed by the Council, to be effective February 1, 2024, and for the next five years.

How to Submit a Protest. Protests may be submitted by the record owner or tenant who is a customer-of-record of the parcel and subject to the proposed rates, but only one protest per parcel will be counted. Written protests must contain a clear statement that it is a protest against the proposed increases, and it must include the name of the owner or customer of record, the Assessor’s Parcel Number and street address, and an original signature of the owner or customer of record.

Written protests regarding the proposed rate changes may be mailed or personally delivered to: City of Avenal, City Clerk, City Hall, 919 Skyline Blvd., Avenal, CA 93204. To be valid, a protest must be in writing and received by the City Clerk at City Hall no later than 4 P.M. on the date of the hearing or, if presented at the hearing itself, before the close of the public hearing on January 25, 2024. Fax or e-mail protests, and copies of protests, are not acceptable and will not be counted.

Preserving the Right to Challenge: Separate from the right to file a protest, any person who wants to preserve the opportunity to file a lawsuit challenging the proposed increases, if imposed, or other matters described in the Report, must state the specific grounds for the objection, and submit that objection in writing prior to or during the public hearing, or orally during the public hearing. Any grounds not provided and received before the close of the public hearing on January 25, 2024, will be deemed waived and may not be raised in any subsequent lawsuit.

Additional Information: Please direct questions about the proposed rate proceeding to María A. Ortiz, City Clerk, at (559) 386-5766, or by email to [email protected] January 25, 2024 Pg. 31
Rate Change Rate Change Rate Change Rate Change Rate Change Residential
3-Cart 96 $19.00 $23.76 25% $24.84 5% $25.92 4% $27.00 4% $28.08 4% 3-Cart 64 Seniors (Potential) $19.00 $21.60 14% $22.68 5% $23.76 5% $24.84 5% $25.92 4% Extra Trash $23.00 $11.88 -48% $11.88 0% $11.88 0% $12.96 9% $14.04 8% Extra Recycle $5.00 $9.72 94% $9.72 0% $9.72 0% $10.80 11% $12.96 20% Extra Organics $15.00 $10.80 -28% $10.80 0% $10.80 0% $11.88 10% $12.96 9% Commercial Land Fill
96G 1/wk none $14.04 new $16.20 15% $19.44 20% $20.52 6% $21.60 5% 96G 2/wk none $22.68 new $27.00 19% $32.40 20% $34.56 7% $35.64 3% 1 Yd 1/wk $41.40 $58.32 41% $68.04 17% $81.00 19% $85.32 5% $89.64 5% 1 Yd 2/wk $0.00 $96.12 new $112.32 17% $135.00 20% $141.48 5% $149.04 5% 1 Yd 3/wk $0.00 $135.00 new $157.68 17% $189.00 20% $198.72 5% $208.44 5% 2 Yd 1/wk $65.20 $85.32 31% $99.36 16% $118.80 20% $125.28 5% $130.68 4% 2 Yd 2/wk $99.15 $150.12 51% $176.04 17% $210.60 20% $221.40 5% $232.20 5% 2 Yd 3/wk $131.80 $223.56 new $261.36 17% $313.20 20% $329.40 5% $345.60 5% 3 Yd 1/wk $78.45 $100.44 28% $116.64 16% $140.40 20% $147.96 5% $154.44 4% 3 Yd 2/wk $156.90 $193.32 23% $224.64 16% $270.00 20% $284.04 5% $298.08 5% 3 Yd 3/wk $235.30 $289.44 23% $338.04 17% $405.00 20% $425.52 5% $446.04 5% 3 Yd 4/wk $313.75 $382.32 new $446.04 17% $534.60 20% $561.60 5% $589.68 5% 3 Yd 5/wk none $474.12 new $554.04 17% $664.20 20% $697.68 5% $732.24 5% 4 Yd 1/wk $99.75 $112.32 13% $130.68 16% $156.60 20% $164.16 5% $172.80 5% 4 Yd 2/wk $164.50 $208.44 27% $243.00 17% $291.60 20% $306.72 5% $321.84 5% 4 Yd 3/wk $263.65 $301.32 14% $351.00 16% $421.20 20% $442.80 5% $464.40 5% 4 Yd 4/wk $329.00 $393.12 new $459.00 17% $550.80 20% $578.88 5% $606.96 5% 4 Yd 5/wk $394.40 $486.00 23% $567.00 17% $680.40 20% $714.96 5% $750.60 5% Commercial Recycle
96G 1/wk $5.00 $7.56 51% $8.64 14% $10.80 25% $11.88 10% $12.96 9% 96G 2/wk none $12.96 new $15.12 17% $18.36 21% $19.44 6% $20.52 6% 2 Yd 1/wk none $42.12 new $49.68 18% $59.40 20% $62.64 5% $65.88 5% 2 Yd 2/wk none $73.44 new $85.32 16% $102.60 20% $108.00 5% $113.40 5% 2 Yd 3/wk none $103.68 new $122.04 18% $145.80 19% $153.36 5% $160.92 5% 3 Yd 1/wk none $49.68 new $58.32 17% $70.20 20% $73.44 5% $77.76 6% 3 Yd 2/wk none $81.00 new $95.04 17% $113.40 19% $118.80 5% $125.28 5% 3 Yd 3/wk none $119.88 new $139.32 16% $167.40 20% $176.04 5% $184.68 5% 4 Yd 1/wk none $65.88 new $76.68 16% $91.80 20% $96.12 5% $101.52 6% 4 Yd 2/wk none $108.00 new $126.36 17% $151.20 20% $158.76 5% $166.32 5% 4 Yd 3/wk none $154.44 new $180.36 17% $216.00 20% $226.80 5% $238.68 5% 6 Yd 1/wk none $92.88 new $108.00 16% $129.60 20% $136.08 5% $142.56 5% 6 Yd 2/wk none $154.44 new $180.36 17% $216.00 20% $226.80 5% $238.68 5% 6 Yd 3/wk none $227.88 new $265.68 17% $318.60 20% $334.80 5% $351.00 5% Commercial Organics
96G 1/wk $15.00 $14.04 -6% $16.20 15% $19.44 20% $19.44 0% $19.44 0% 96G 2/wk none $24.84 new $29.16 17% $34.56 19% $34.56 0% $34.56 0% Per Yard 1/wk none $34.56 new $41.04 19% $48.60 18% $48.60 0% $48.60 0% Per Yard 2/wk none $69.12 new $81.00 17% $97.20 20% $97.20 0% $97.20 0% Miscellaneous Services
Locking Lid Charge per month $37.80 new $38.88 3% $39.96 3% $41.04 3% $42.12 3% Temp 3 Yard Bin
Delivery $81.00 new $97.20 20% $113.40 17% $124.20 10% $135.00 9% Per service $64.80 new $75.60 17% $86.40 14% $97.20 13% $108.00 11% Roll-Off Service
Delivery $75.60 new $81.00 7% $86.40 7% $91.80 6% $97.20 6% Per service $297.00 new $324.00 9% $351.00 8% $378.00 8% $405.00 7% Contamination Fee (per occurrence)
1st occurrence $19.44 new $20.52 6% $21.60 5% $22.68 5% $23.76 5% 2nd occurrence $37.80 new $43.20 14% $48.60 13% $54.00 11% $59.40 10% 3rd occurrence $64.80 new $70.20 8% $75.60 8% $81.00 7% $86.40 7% Bin exchange/cleaning
Per bin each occurrence) $43.20 new $45.36 5% $47.52 5% $49.68 5% $51.84 4% Bulky Items new
Appliance $27.00 $27.00 0% $27.00 0% $37.80 40% $48.60 29% Couch/Furniture $37.80 new $37.80 0% $37.80 0% $48.60 29% $59.40 22% Per Yard (overload) $37.80 new $43.20 14% $48.60 13% $54.00 11% $59.40 10% $2.50 new $2.75 10% $3.00 9% $3.25 8% $3.50 8% Street Sweeping per customer per month
City of Avenal Present and Proposed Refuse and Recycle Rates Refuse Rate Description
(All rates per month)
Present
Rates
Proposed Rates
2/1/24 2/1/25 2/1/26 2/1/27 2/1/2028
January 25, 2024 Pg. 32

CIUDAD DE AVENAL
AVISO DE AUDIENCIA PÚBLICA SOBRE

AUMENTO PROPUESTO EN LAS TARIFAS DE BASURA
Para cumplir con la Proposición 218 (Artículo XIIID de la Constitución de California, Sección 6), la Ciudad de Avenal da el siguiente aviso.

Audiencia pública: A las 5:15 p.m. (o posteriormente) el jueves 25 de enero de 2024, en el Avenal Theater & Event Center, 233 E. Kings Street, Avenal, CA, el Concejo Municipal de Avenal llevará a cabo una audiencia pública sobre los aumentos propuestos en las tarifas de basura, y para escuchar y considerar objeciones y protestas a los aumentos propuestos descritos en este aviso. El acceso a la reunión también está disponible por teléfono o Internet, con información específica de conexión que estará en la agenda de la reunión del Concejo Municipal, disponible en el sitio web de la Ciudad (www.cityofavenal.com) y publicada en el Ayuntamiento, al público antes de la audiencia.

Informe de Estudio de Tarifas: IGService ha elaborado un Informe de Estudio de Tarifas, con fecha 1 de diciembre de 2023, que describe los detalles de los cambios en las tarifas de recolección de basuras y el método utilizado para calcular los cambios en las tarifas, y los contenidos presentados al Ayuntamiento. El informe está disponible en el Ayuntamiento y también se puede encontrar en el sitio web de la Ciudad.

Monto de las Tarifas Modificadas Propuestas: Las tarifas existentes y propuestas se incluyen en este Aviso. Para una vivienda unifamiliar típica, el servicio estándar de tres botes aumentará de $19.00 por mes a $23.76 por mes en el primer año.

También se agregará una tarifa de barredor de calles de $ 2.50 por mes durante el primer año. El aumento combinado para las viviendas unifamiliares será de $7.26 por mes en el primer año. Los aumentos de las tarifas comerciales se muestran en la tabla adjunta, incluidos los aumentos posteriores para todos los clientes que cubren el período de fijación de tarifas de cinco años.

Razón para el aumento necesario de la basura: La recolección de desechos de vertederos, reciclaje y materiales orgánicos se realiza para la ciudad mediante un contrato con Mid-Valley Disposal. Las tarifas cobradas a la ciudad por Mid-Valley no se han incrementado durante más de 15 años, a pesar de los aumentos en los costos de mano de obra y equipo, seguros y otros aumentos en los costos generales. Además, la ley de California (SB-1383) ahora requiere servicios adicionales por parte de Mid-Valley relacionados con la recolección de desechos a base de alimentos orgánicos. El Informe del Estudio de Tarifas incorpora tarifas nuevas y aumentadas de Mid-Valley, luego agrega un ocho por ciento calculado necesario cada año para cubrir los costos específicos de la ciudad para producir las tarifas que se cobrarán a los clientes. Los ingresos del aumento de las tarifas no serán más de lo requerido para que la Ciudad brinde un servicio adecuado. Específicamente, las tarifas propuestas no superan el coste proporcional de la prestación de cada servicio.

Procedimiento para la Audiencia y la Determinación de la Protesta de la Mayoría: En el momento indicado anteriormente en este Aviso, el Consejo escuchará y considerará todas las objeciones y protestas, si las hubiere, a los aumentos propuestos y otros asuntos descritos en el Informe. El Consejo podrá prorrogar la audiencia de vez en cuando. Al final de la audiencia, si se presentan protestas por escrito contra los aumentos propuestos y no son retiradas por la mayoría de los propietarios registrados (o clientes registrados) de las parcelas que estarían sujetas a los aumentos, la Ciudad no puede imponer el aumento de las tarifas de basura; en cambio, las tarifas continuarían en sus niveles existentes. Si, al cierre de la audiencia de protesta, no hay una protesta mayoritaria como se describe anteriormente, el Concejo puede aprobar los aumentos, según lo propuesto, o según lo modificado por el Concejo, para que entren en vigencia el 1 de febrero de 2024 y durante los próximos cinco años.

Cómo presentar una protesta. Las protestas pueden ser presentadas por el propietario o inquilino registrado que sea un cliente registrado de la parcela y esté sujeto a las tarifas propuestas, pero solo se contará una protesta por parcela. Las protestas escritas deben contener una declaración clara de que se trata de una protesta contra los aumentos propuestos, y debe incluir el nombre del propietario o cliente registrado, el número de parcela y la dirección del residente, y una firma original del propietario o cliente registrado. Las protestas por escrito con respecto a los cambios de tarifas propuestos pueden enviarse por correo o entregarse personalmente a: City of Avenal, City Clerk, City Hall, 919 Skyline Blvd., Avenal, CA 93204. Para que sea válida, una protesta debe ser por escrito y recibida por la Secretaria Municipal en el Ayuntamiento a más tardar a las 4 p.m. de la fecha de la audiencia o, si se presenta en la audiencia misma, antes del cierre de la audiencia pública el 25 de enero de 2024. Las protestas por fax o correo electrónico, y las copias de las protestas, no son aceptables y no se contarán.

Preservación del derecho a impugnar: Aparte del derecho a presentar una protesta, cualquier persona que desee preservar la oportunidad de presentar una demanda impugnando los aumentos propuestos, si se imponen, u otros asuntos descritos en el Informe, debe indicar los motivos específicos de la objeción y presentar esa objeción por escrito antes o durante la audiencia pública. u oralmente durante la audiencia pública. Cualquier motivo que no se haya proporcionado y recibido antes del cierre de la audiencia pública el 25 de enero de 2024 se considerará renunciado y no podrá plantearse en ninguna demanda posterior.

Información adicional: Por favor, dirija sus preguntas sobre el procedimiento de tarifas propuestas a María A. Ortiz, Secretaria de la Ciudad, al (559) 386-5766, o por correo electrónico a [email protected] January 25, 2024 Pg. 33
Tarifa Cambio Tarifa Cambio Tarifa Cambio Tarifa Cambio Tarifa Cambio 3 Botes 96 $19.00 23,76 $ 25% $24.84 5% $25.92 4% $27.00 4% 28,08 $ 4% 3-Botes 64 Edad Mayor
(Potencial) $19.00 $21.60 14% 22,68 $ 5% 23,76 $ 5% $24.84 5% $25.92 4% Basura extra $23.00 $11.88 -48% $11.88 0% $11.88 0% $12.96 9% $14.04 8% Reciclaje adicional $5.00 9,72 $ 94% 9,72 $ 0% 9,72 $ 0% $10.80 11% $12.96 20% Orgánicos adicionales $15.00 $10.80 -28% $10.80 0% $10.80 0% $11.88 10% $12.96 9% 96G 1/semana ninguno $14.04 Nuevo $16.20 15% $19.44 20% $20.52 6% $21.60 5% 96G 2/semana ninguno 22,68 $ Nuevo $27.00 19% $32.40 20% $34.56 7% $35.64 3% 1 yarda 1/semana $41.40 $58.32 41% 68,04 $ 17% $81.00 19% 85,32 $ 5% 89,64 $ 5% 1 yarda 2/semana $0.00 96,12 $ Nuevo $112.32 17% $135.00 20% $141.48 5% $149.04 5% 1 yarda 3/semana $0.00 $135.00 Nuevo $157.68 17% $189.00 20% $198.72 5% $208.44 5% 2 yardas 1/semana $65.20 85,32 $ 31% 99,36 $ 16% $118.80 20% $125.28 5% $130.68 4% 2 yardas 2/semana 99,15 $ $150.12 51% $176.04 17% $210.60 20% $221.40 5% $232.20 5% 2 yardas 3/semana $131.80 $223.56 Nuevo $261.36 17% $313.20 20% $329.40 5% $345.60 5% 3 yardas 1/semana $78.45 $100.44 28% $116.64 16% $140.40 20% $147.96 5% $154.44 4% 3 yardas 2/semana $156.90 $193.32 23% $224.64 16% $270.00 20% $284.04 5% $298.08 5% 3 yardas 3/semana $235.30 $289.44 23% $338.04 17% $405.00 20% $425.52 5% $446.04 5% 3 yardas 4/semana $313.75 $382.32 Nuevo $446.04 17% $534.60 20% $561.60 5% $589.68 5% 3 yardas 5/semana ninguno $474.12 Nuevo $554.04 17% $664.20 20% $697.68 5% $732.24 5% 4 yardas 1/semana 99,75 $ $112.32 13% $130.68 16% $156.60 20% $164.16 5% $172.80 5% 4 yardas 2/semana $164.50 $208.44 27% $243.00 17% $291.60 20% $306.72 5% $321.84 5% 4 yardas 3/semana $263.65 $301.32 14% $351.00 16% $421.20 20% $442.80 5% $464.40 5% 4 yardas 4/semana $329.00 $393.12 Nuevo $459.00 17% $550.80 20% $578.88 5% $606.96 5% 4 yardas 5/semana $394.40 $486.00 23% $567.00 17% $680.40 20% $714.96 5% $750.60 5% 96G 1/semana $5.00 $7.56 51% 8,64 $ 14% $10.80 25% $11.88 10% $12.96 9% 96G 2/semana ninguno $12.96 Nuevo $15.12 17% $18.36 21% $19.44 6% $20.52 6% 2 yardas 1/semana ninguno 42,12 $ Nuevo $49.68 18% $59.40 20% 62,64 $ 5% $65.88 5% 2 yardas 2/semana ninguno $73.44 Nuevo 85,32 $ 16% $102.60 20% $108.00 5% $113.40 5% 2 yardas 3/semana ninguno $103.68 Nuevo $122.04 18% $145.80 19% $153.36 5% $160.92 5% 3 yardas 1/semana ninguno $49.68 Nuevo $58.32 17% $70.20 20% $73.44 5% 77,76 $ 6% 3 yardas 2/semana ninguno $81.00 Nuevo 95,04 $ 17% $113.40 19% $118.80 5% $125.28 5% 3 yardas 3/semana ninguno $119.88 Nuevo $139.32 16% $167.40 20% $176.04 5% $184.68 5% 4 yardas 1/semana ninguno $65.88 Nuevo 76,68 $ 16% $91.80 20% 96,12 $ 5% $101.52 6% 4 yardas 2/semana ninguno $108.00 Nuevo $126.36 17% $151.20 20% $158.76 5% $166.32 5% 4 yardas 3/semana ninguno $154.44 Nuevo $180.36 17% $216.00 20% $226.80 5% $238.68 5% 6 yardas 1/semana ninguno 92,88 $ Nuevo $108.00 16% $129.60 20% $136.08 5% $142.56 5% 6 yardas 2/semana ninguno $154.44 Nuevo $180.36 17% $216.00 20% $226.80 5% $238.68 5% 6 yardas 3/semana ninguno $227.88 Nuevo $265.68 17% $318.60 20% $334.80 5% $351.00 5% 96G 1/semana $15.00 $14.04 -6% $16.20 15% $19.44 20% $19.44 0% $19.44 0% 96G 2/semana ninguno $24.84 Nuevo $29.16 17% $34.56 19% $34.56 0% $34.56 0% Por yarda 1/semana ninguno $34.56 Nuevo 41,04 $ 19% $48.60 18% $48.60 0% $48.60 0% Por yarda 2/semana ninguno $69.12 Nuevo $81.00 17% $97.20 20% $97.20 0% $97.20 0% Cargo por tapa con candado por mes $37.80 Nuevo $38.88 3% $39.96 3% 41,04 $ 3% 42,12 $ 3% Contenedor temporal de 3
yardas
Entrega $81.00 Nuevo $97.20 20% $113.40 17% $124.20 10% $135.00 9% Por servicio $64.80 Nuevo $75.60 17% $86.40 14% $97.20 13% $108.00 11% Servicio “Roll-Off”
Entrega $75.60 Nuevo $81.00 7% $86.40 7% $91.80 6% $97.20 6% Por servicio $297.00 Nuevo $324.00 9% $351.00 8% $378.00 8% $405.00 7% 1ª ocurrencia $19.44 Nuevo $20.52 6% $21.60 5% 22,68 $ 5% 23,76 $ 5% 2ª ocurrencia $37.80 Nuevo $43.20 14% $48.60 13% $54.00 11% $59.40 10% 3ª ocurrencia $64.80 Nuevo $70.20 8% $75.60 8% $81.00 7% $86.40 7% Cambio/limpieza de contenedores
(Por bote cada ocurrencia) $43.20 Nuevo $45.36 5% $47.52 5% $49.68 5% 51,84 $ 4% Artículos volumosas Nuevo
Aparato $27.00 $27.00 0% $27.00 0% $37.80 40% $48.60 29% Sofá/Muebles $37.80 Nuevo $37.80 0% $37.80 0% $48.60 29% $59.40 22% Por yarda (sobrecarga) $37.80 Nuevo $43.20 14% $48.60 13% $54.00 11% $59.40 10% $2.50 Nuevo $2.75 10% $3.00 9% $3.25 8% $3.50 8%
Tarifas de basura y reciclaje actuales y propuestas por la ciudad de Avenal Tarifas
actuales
Tarifas propuestas
2/1/24 2/1/25 2/1/26 2/1/27 2/1/28
Barredor de calles
por cliente al mes
Descripción de las tarifas
para coleción de basuras
(todas las tarifas por mes)
Residencial
Relleno Comercial
Reciclaje comercial
Orgánicos Comerciales
Servicios varios
Tarifa de contaminación (por ocurrencia)
January 25, 2024 Pg. 34

Refuse Rate Study for City of Avenal
December 1, 2023
Prepared by: Dan Bergmann, Principal
IGService
15 Shasta Lane
Walnut Creek, CA 94597
Email: [email protected]
Cell: 925-899-2578
January 25, 2024 Pg. 35
1 Refuse Rate Study for City of Avenal
Purpose
The purpose of this cost-of-service refuse study is to review and modify the existing rate structure such that customers pay rates in proportion to the cost to provide specific services. As a part of this study, overall operating costs and revenue have been analyzed to evaluate reasonableness of costs, and the need to increase overall revenue. These steps are conducted to be consistent with the requirements of California’s Proposition 218.

Contracted Refuse Service
Refuse services in Avenal are provided by a private company, Mid-Valley Disposal, Inc.

Coincident with this rate study work, the agreement with Mid-Valley is being updated to include more recent legal and waste hauling requirements, including some additional services, such as the collection of organic materials.

Avenal’s role for the refuse enterprise is billing, payment collection, and limited customer services. Avenal’s personnel coordinate closely with Mid-Valley regarding new services and changes in services. Mid-Valley is paid once per month by Avenal based on the number of services in place the previous month and the fee schedule in the contract, which is different than the rates charged to customers by Avenal. The differences between Avenal’s rates and fees paid Mid-Valley covers a portion of Avenal’s billing, customer services, general overhead, street sweeper maintenance, street sweeper replacement.

This is a summarized history of the agreements with Mid-Valley:

Avenal Waste Alternatives Agreement October 1, 1995 (assigned to Mid-Valley) Mid-Valley Agreement January 1, 2000
Amendment extending January 1, 2008
Amendment extending January 1, 2014
Proposed new Agreement February 1, 2024
The proposed Mid-Valley agreement contains collection fees increasing over five years for each type of service. The new agreement also includes separate street sweeping fees, and specific terms for street sweeping.

January 25, 2024 Pg. 36
2 Existing Rate Structure
The existing refuse rates have been in place for more than 23 years, even prior to the original agreement with Mid-Valley Disposal. In approximately 2008, an additional line item was added to customer’s bills shown as “CA RECYCLING FEE” in the amount of $4.00 per customer per month; at which time Mid-Valley increased its fees to the city to cover recycle handling costs.

Even considering the recycling fee, rates have not increased for 15 years. A significant reason that Avenal residents enjoy relatively lower rates is the proximity of the land fill to town.

Attachment 1 shows the complete existing (and proposed) rates.

Close review of the existing rates reveals several discrepancies regarding rates being set proportional to the new Mid-Valley fees for service. These differences are summarized as follows.
• The $4.00 recycling fee has been charged only to residential customers. • No recycling or organics rates exist for commercial customers; however, Mid-Valley has been providing these services.
• Multi-family service is provided based on the number of housing units rather than the actual collection equipment in place.
• The various rates for commercial bin service need to be both increased and adjusted to be proportionally consistent with each other.

In the process of preparing this refuse rate study, Mid-Valley conducted a complete inventory of service containers in the field, focusing especially on commercial service. The result provided the bin count and sizes at multi-family locations and several corrections for the existing billing system. This rate study is based on Mid-Valley’s inventory.

Historical and Projected Expense and Revenue
Historically revenues from refuse rates appear to have covered expenses. An exact determination is currently not possible due to fact that audited financials since FY2018-2019 are not available, additionally some bookkeeping entries may still be pending. A table showing historical and projected revenues and expenses is shown in Attachment 2.

The past agreements with Mid-Valley have allowed the city to collect a 15 percent franchise fee, which is compensation for Mid-Valley having the exclusive right to provide service to the City of Avenal. For example, during 2023, this 15 percent will amount to approximately $112,000.

This amount each year has been transferred to the city’s general fund. In Mid-Valley’s new agreement, the franchise fee component is removed. Mid-Valley’s representation is that its new fee schedule has been adjusted downward to consider that the city is no longer receiving the franchise fee. In practical terms, this implies that Mid-Valley’s new fees would be higher, if the city continued to collect a franchise fee.

Projected expenses can be accurately determined because almost all the city’s refuse handling cost is Mid-Valley, and Mid-Valley’s fee structure is set for the next five years. In fact, using January 25, 2024 Pg. 37
3 Mid-Valley’s inventory of containers in the field, total payments to Mid-Valley over the next five years have been calculated. See Attachment 3.

Historically, the refuse enterprise has not contributed to billing and customer services costs, whereas water and sewer have contributed. These contributions are included in the proposed expense model. Beyond Mid-Valley, the costs are internal to the city for billing, customer services, street sweeper maintenance, and a street sweeper replacement fund. For the first year these additional costs, when slightly offset by other revenue from late fees, total $70,000. To collect an additional $70,000 on top of Mid-Valley’s fees, the city’s rates must be set eight percent higher than the Mid-Valley fees. This is shown in Attachment 4, under the heading “Mark Up to Mid-Valley Fees.”
It is important to distinguish “revenue” increases from “rate” increases. The revenue increases are the overall increases needed each year for the entire fund. The increased revenue is the total of all the individual rate changes. Rate changes are from increasing many existing rates, decreasing a few rates to achieve fair cost-of-service pricing, and from many new rates for recycling and organics services. More specifically, the impact on individual customers should be determined by the rate increases applicable to the service they receive, not the general revenue increases each year that balance income with expenses.

To summarize, overall revenue from rates must be increased as shown below to cover the fiveyear fee structure provided by Mid-Valley and the eight percent needed by the city, as mentioned above.

Year Percent of Revenue Increase
1 29
2 23
3 10
4 9
5 5
These increases are shown at the top of Attachment 2. The result of these increases will provide a slight gain each year in the refuse fund balance. Note that the amount of revenue increases each year considers that the increases are not coincident with the beginning of each fiscal year.

Specifically, the model assumes the increases are achieved February first, such that the increases are staggered six months crossing two fiscal years each time.

Rate Design
The proposed customers rates are directly proportional to the fees charged by Mid-Valley. Each of Mid-Valley’s specific fees has been increased by eight percent to cover the city’s cost for billing, customer service, street sweeper maintenance, and street sweeper replacement. Based on the proposed 2024 rates, the city’s eight percent allocation nets $70,000 per year.

The changes to existing rates in the first year vary widely. This can be seen in the proposed rate table in Attachment 1. The large variations are caused by the changes needed in customer rates January 25, 2024 Pg. 38
4 to realign with the fees charged by Mid-Valley. This is necessary in order to comply with the requirements of Proposition 218, so that the services provided are in proportion to the rates charged. The largest group impacted are single-family homes with an initial increase of 25 percent. Because rates have been relatively low at $19.00 per month, the increase to $26.26 in the first year is $7.26 per month (including street sweeping at $2.50). A residential rate comparison is shown in the bar chart below.

The proposed rates include all costs for service, whereas the old rates included a separate line item on customers' billing statements in the amount of $4.00 for the recycling fee. This line item will no longer be needed.

The proposed new rates will charge multi-family customers based on the collection containers provided, not based on $19 per month per dwelling unit like single family. Interestingly, the overall increase to all multi-family customers combined is just five percent in the first year, lower than the 25 percent for single-family customers. This is logical because a typical multifamily dwelling unit tends to generate less refuse than a single-family dwelling unit since the multi-family dwellings are smaller and have no yard space.

The proposed rates include a new line item for street sweeping, starting at $2.50 per month per customer in the first year. The street sweeping rate is set to be $0.50 per month higher than the Mid-Valley cost to operate the sweeper. The $0.50 is to cover maintenance of the sweeper and January 25, 2024 Pg. 39
5 to provide a savings contribution for eventual replacement, as the city will continue to own the sweeper. Mid-Valley will be operating the sweeper two days per week. Mid-Valley will pay for fuel for the sweeper.

Commercial refuse rates increase as much at 51 percent. Further, new commercial rates are introduced for recycling and organics collection. This means that commercial customers will see new charges on their billing statements for these services. The comparison below is for a threeyard container picked up one time per week. For this service category, the increase is 28 percent to $100.44 per month. Even so, the resulting rate is still lower than any of the comparison cities.

Finally, for implementation purposes, Attachment 5 is a summary of all fees and rates, including the existing Avenal billing system codes where applicable. This attachment can be used to match the ongoing services with existing services, and it shows the new services that will need to be coded and added into the city’s billing system.

Conclusion
The work of this rate study results in major changes to Avenal’s refuse rates. Proposed rates are provided that are proportional to the new fees provided by Mid-Valley, including rates for recycling and organics that have not been charged before. The resultant rates are compliant with the requirements of Proposition 218 regarding cost-of-service rate setting methodology.

January 25, 2024 Pg. 40
6 ATTACHMENT 1: Present and Proposed Rates
Rate Change Rate Change Rate Change Rate Change Rate Change Residential
3-Cart 96 $19.00 $23.76 25% $24.84 5% $25.92 4% $27.00 4% $28.08 4% 3-Cart 64 Seniors (Potentia $19.00 $21.60 14% $22.68 5% $23.76 5% $24.84 5% $25.92 4% Extra Trash $23.00 $11.88 -48% $11.88 0% $11.88 0% $12.96 9% $14.04 8% Extra Recycle $5.00 $9.72 94% $9.72 0% $9.72 0% $10.80 11% $12.96 20% Extra Organics $15.00 $10.80 -28% $10.80 0% $10.80 0% $11.88 10% $12.96 9% Commercial Land Fill
96G 1/wk none $14.04 new $16.20 15% $19.44 20% $20.52 6% $21.60 5% 96G 2/wk none $22.68 new $27.00 19% $32.40 20% $34.56 7% $35.64 3% 1 Yd 1/wk $41.40 $58.32 41% $68.04 17% $81.00 19% $85.32 5% $89.64 5% 1 Yd 2/wk $0.00 $96.12 new $112.32 17% $135.00 20% $141.48 5% $149.04 5% 1 Yd 3/wk $0.00 $135.00 new $157.68 17% $189.00 20% $198.72 5% $208.44 5% 2 Yd 1/wk $65.20 $85.32 31% $99.36 16% $118.80 20% $125.28 5% $130.68 4% 2 Yd 2/wk $99.15 $150.12 51% $176.04 17% $210.60 20% $221.40 5% $232.20 5% 2 Yd 3/wk $131.80 $223.56 new $261.36 17% $313.20 20% $329.40 5% $345.60 5% 3 Yd 1/wk $78.45 $100.44 28% $116.64 16% $140.40 20% $147.96 5% $154.44 4% 3 Yd 2/wk $156.90 $193.32 23% $224.64 16% $270.00 20% $284.04 5% $298.08 5% 3 Yd 3/wk $235.30 $289.44 23% $338.04 17% $405.00 20% $425.52 5% $446.04 5% 3 Yd 4/wk $313.75 $382.32 new $446.04 17% $534.60 20% $561.60 5% $589.68 5% 3 Yd 5/wk none $474.12 new $554.04 17% $664.20 20% $697.68 5% $732.24 5% 4 Yd 1/wk $99.75 $112.32 13% $130.68 16% $156.60 20% $164.16 5% $172.80 5% 4 Yd 2/wk $164.50 $208.44 27% $243.00 17% $291.60 20% $306.72 5% $321.84 5% 4 Yd 3/wk $263.65 $301.32 14% $351.00 16% $421.20 20% $442.80 5% $464.40 5% 4 Yd 4/wk $329.00 $393.12 new $459.00 17% $550.80 20% $578.88 5% $606.96 5% 4 Yd 5/wk $394.40 $486.00 23% $567.00 17% $680.40 20% $714.96 5% $750.60 5% Commercial Recycle
96G 1/wk $5.00 $7.56 51% $8.64 14% $10.80 25% $11.88 10% $12.96 9% 96G 2/wk none $12.96 new $15.12 17% $18.36 21% $19.44 6% $20.52 6% 2 Yd 1/wk none $42.12 new $49.68 18% $59.40 20% $62.64 5% $65.88 5% 2 Yd 2/wk none $73.44 new $85.32 16% $102.60 20% $108.00 5% $113.40 5% 2 Yd 3/wk none $103.68 new $122.04 18% $145.80 19% $153.36 5% $160.92 5% 3 Yd 1/wk none $49.68 new $58.32 17% $70.20 20% $73.44 5% $77.76 6% 3 Yd 2/wk none $81.00 new $95.04 17% $113.40 19% $118.80 5% $125.28 5% 3 Yd 3/wk none $119.88 new $139.32 16% $167.40 20% $176.04 5% $184.68 5% 4 Yd 1/wk none $65.88 new $76.68 16% $91.80 20% $96.12 5% $101.52 6% 4 Yd 2/wk none $108.00 new $126.36 17% $151.20 20% $158.76 5% $166.32 5% 4 Yd 3/wk none $154.44 new $180.36 17% $216.00 20% $226.80 5% $238.68 5% 6 Yd 1/wk none $92.88 new $108.00 16% $129.60 20% $136.08 5% $142.56 5% 6 Yd 2/wk none $154.44 new $180.36 17% $216.00 20% $226.80 5% $238.68 5% 6 Yd 3/wk none $227.88 new $265.68 17% $318.60 20% $334.80 5% $351.00 5% Commercial Organics
96G 1/wk $15.00 $14.04 -6% $16.20 15% $19.44 20% $19.44 0% $19.44 0% 96G 2/wk none $24.84 new $29.16 17% $34.56 19% $34.56 0% $34.56 0% Per Yard 1/wk none $34.56 new $41.04 19% $48.60 18% $48.60 0% $48.60 0% Per Yard 2/wk none $69.12 new $81.00 17% $97.20 20% $97.20 0% $97.20 0% Miscellaneous Services
Locking Lid Charge per month $37.80 new $38.88 3% $39.96 3% $41.04 3% $42.12 3% Temp 3 Yard Bin
Delivery $81.00 new $97.20 20% $113.40 17% $124.20 10% $135.00 9% Per service $64.80 new $75.60 17% $86.40 14% $97.20 13% $108.00 11% Roll-Off Service
Delivery $75.60 new $81.00 7% $86.40 7% $91.80 6% $97.20 6% Per service $297.00 new $324.00 9% $351.00 8% $378.00 8% $405.00 7% Contamination Fee (per occurrence)
1st occurrence $19.44 new $20.52 6% $21.60 5% $22.68 5% $23.76 5% 2nd occurrence $37.80 new $43.20 14% $48.60 13% $54.00 11% $59.40 10% 3rd occurrence $64.80 new $70.20 8% $75.60 8% $81.00 7% $86.40 7% Bin exchange/cleaning
Per bin each occurrence) $43.20 new $45.36 5% $47.52 5% $49.68 5% $51.84 4% Bulky Items new
Appliance $27.00 $27.00 0% $27.00 0% $37.80 40% $48.60 29% Couch/Furniture $37.80 new $37.80 0% $37.80 0% $48.60 29% $59.40 22% Per Yard (overload) $37.80 new $43.20 14% $48.60 13% $54.00 11% $59.40 10% $2.50 new $2.75 10% $3.00 9% $3.25 8% $3.50 8%
City of Avenal Present and Proposed Refuse and Recycle Rates 2/1/2024
Proposed Rates Present
Rates
Refuse Rate Description
(All rates per month) 2/1/2025 2/1/2026 2/1/2027 2/1/2028 Street Sweeping per
customer per month
January 25, 2024 Pg. 41
7 ATTACHMENT 2: Historical and Projected Revenues and Expenses 1 2 3 4 5
2019 2020 2021 2022 2023 2024 2025 2026 2027 2028
Unaudited Unaudited Unaudited Unaudited Unaudited Projected Projected Projected Projected Projected Revenues: Increase: 29% 23% 10% 9% 5%
Refuse Rates $570,937 $636,114 $558,710 $628,748 $632,760 $818,106 $1,002,672 $1,106,598 $1,206,593 $1,261,786 "California Recycle Fee" $132,615 $123,506 $103,362 $126,000 $129,000 Street Sweeping (New Fee) - - - - - 30,000 66,000 72,000 78,000 84,000 Other Revenue 9,685 7,600 12,942 12,942 10,000 10,000 10,000 10,000 10,000 10,000 Total Operating Revenue $713,237 $767,220 $675,014 $767,690 $771,760 $858,106 $1,078,672 $1,188,598 $1,294,593 $1,355,786 Operation & Maintenance Expenses: Inflation
Collection (Paid to Mid-Valley) 623,339 611,884 614,416 582,421 723,684 794,000 937,000 1,036,000 1,118,000 1,169,000 Calculated Billing and Customer Services 30,000 62,000 64,480 67,059 69,742 4.0% Street Sweeper Machine Maintenance 6,000 6,000 6,240 6,490 6,749 4.0%Street Sweeper Replacement Fund 12,000 12,000 12,480 12,979 13,498 4.0% Street Sweeping (Paid to Mid-Valley) 24,000 54,000 60,000 66,000 72,000 Included Total Operating Expenses $623,339 $611,884 $614,416 $582,421 $723,684 $866,000 $1,071,000 $1,179,200 $1,270,528 $1,330,989 Nonoperating
Interest $122 $148 $120 $139 $140 $150 $150 $150 $150 $150 Franchise Fee ($64,706) ($81,945) - - - - - - - -
Total Nonoperating ($64,584) ($81,797) $120 $139 $140 $150 $150 $150 $150 $150 Total Gain (Loss) $25,314 $73,539 $60,718 $185,408 $48,216 ($7,744) $7,822 $9,548 $24,215 $24,946Notes:

Accounting activity following FY19/20 does not appear to be fully complete in the City's trial balances.Revenues and expenses for FY23/24 are based on a 6-month, partial year.

Billing and Customer Services 62,000 based on approximately $5,000 per month Sweeper Maintenance 6,000 based on $500 per month
Sweeper Replacement 12,000 based on $1,000 per month
Less other revenue (10,000) estimate based on historical Other Revenue Total to cover city costs 70,000 per year above Mid-Valley fees 12 5,833 per month

AVENAL SOLID WASTE ENTERPRISE FUND
Historical and Projected Revenues and Expenses
For the Fiscal Years Ending June 30,
Determination of City's
Overhead Costs
January 25, 2024 Pg. 42
8 ATTACHMENT 3: Projected Mid-Valley Fees over Five Years ServiceType RouteType Rate Code Rate Description Count MV "Current Rate" MV Current $
MV
Proposed
Rate 1/1/24
MV
Proposed
Total 1/1/24
MV
Proposed
Rate 1/1/25
MV
Proposed
Total 1/1/25
MV
Proposed
Rate 1/1/26
MV
Proposed
Total 1/1/26
MV
Proposed
Rate 1/1/27
MV
Proposed
Total 1/1/27
MV
Proposed
Rate 1/1/28
MV
Proposed
Total 1/1/28
RESIDENTIAL SL RESIDENTIAL Res 3-Ct Standard 3-Cart Service 1,875 $18.00 $33,750 $22.00 $41,250 $23.00 $43,125 $24.00 $45,000 $25.00 $46,875 $26.00 $48,750 RESIDENTIAL SL RESIDENTIAL Res 96T1E 96G TRASH 1XWK EXTRA 46 $0.00 $0 $11.00 $506 $11.00 $506 $11.00 $506 $12.00 $552 $13.00 $598RESIDENTIAL SL RESIDENTIAL Res 96R1E 96G RECYCLE 1XWK EXTRA 0 $0.00 $0 $9.00 $0 $9.00 $0 $9.00 $0 $10.00 $0 $12.00 $0 COMMERCIAL FL RECYCLE 2R1 2YD RECYCLE 1XWK 4 $0.00 $0 $39.00 $156 $46.00 $184 $55.00 $220 $58.00 $232 $61.00 $244COMMERCIAL FL RECYCLE 2R2 2YD RECYCLE 2XWK 1 $0.00 $0 $68.00 $68 $79.00 $79 $95.00 $95 $100.00 $100 $105.00 $105 COMMERCIAL FL RECYCLE 3R1 3YD RECYCLE 1XWK 22 $0.00 $0 $46.00 $1,012 $54.00 $1,188 $65.00 $1,430 $68.00 $1,496 $72.00 $1,584COMMERCIAL FL RECYCLE 3R2 3YD RECYCLE 2XWK 11 $0.00 $0 $75.00 $825 $88.00 $968 $105.00 $1,155 $110.00 $1,210 $116.00 $1,276COMMERCIAL FL RECYCLE 3R3 3YD RECYCLE 3XWK 7 $0.00 $0 $111.00 $777 $129.00 $903 $155.00 $1,085 $163.00 $1,141 $171.00 $1,197COMMERCIAL FL RECYCLE 4R1 4YD RECYCLE 1XWK 2 $0.00 $0 $61.00 $122 $71.00 $142 $85.00 $170 $89.00 $178 $94.00 $188COMMERCIAL FL RECYCLE 4R2 4YD RECYCLE 2XWK 1 $0.00 $0 $100.00 $100 $117.00 $117 $140.00 $140 $147.00 $147 $154.00 $154COMMERCIAL FL RECYCLE 4R3 4YD RECYCLE 3XWK 1 $0.00 $0 $143.00 $143 $167.00 $167 $200.00 $200 $210.00 $210 $221.00 $221COMMERCIAL FL RECYCLE 6R2 6YD RECYCLE 2XWK 1 $0.00 $0 $143.00 $143 $167.00 $167 $200.00 $200 $210.00 $210 $221.00 $221EDUCATIONAL FL RECYCLE 3R1 3YD RECYCLE 1XWK 1 $0.00 $0 $46.00 $46 $54.00 $54 $65.00 $65 $68.00 $68 $72.00 $72EDUCATIONAL FL RECYCLE 3R2 3YD RECYCLE 2XWK 3 $0.00 $0 $75.00 $225 $88.00 $264 $105.00 $315 $110.00 $330 $116.00 $348EDUCATIONAL FL RECYCLE 3R3 3YD RECYCLE 3XWK 7 $0.00 $0 $111.00 $777 $129.00 $903 $155.00 $1,085 $163.00 $1,141 $171.00 $1,197COMMERCIAL FL TRASH 1T1 1YD TRASH 1XWK 6 $50.00 $300 $54.00 $324 $63.00 $378 $75.00 $450 $79.00 $474 $83.00 $498 COMMERCIAL FL TRASH 1T2 1YD TRASH 2XWK 0
COMMERCIAL FL TRASH 1T3 1YD TRASH 3XWK 0
COMMERCIAL FL TRASH 2T1 2YD TRASH 1XWK 11 $78.00 $858 $79.00 $869 $92.00 $1,012 $110.00 $1,210 $116.00 $1,276 $121.00 $1,331 COMMERCIAL FL TRASH 2T2 2YD TRASH 2XWK 10 $119.00 $1,190 $139.00 $1,390 $163.00 $1,630 $195.00 $1,950 $205.00 $2,050 $215.00 $2,150 COMMERCIAL FL TRASH 2T3 2YD TRASH 3XWK 0
COMMERCIAL FL TRASH 3T1 3YD TRASH 1XWK 15 $94.00 $1,410 $93.00 $1,395 $108.00 $1,620 $130.00 $1,950 $137.00 $2,055 $143.00 $2,145 COMMERCIAL FL TRASH 3T2 3YD TRASH 2XWK 2 $188.00 $376 $179.00 $358 $208.00 $416 $250.00 $500 $263.00 $526 $276.00 $552 COMMERCIAL FL TRASH 3T3 3YD TRASH 3XWK 2 $282.00 $564 $268.00 $536 $313.00 $626 $375.00 $750 $394.00 $788 $413.00 $826 COMMERCIAL FL TRASH 4T1 4YD TRASH 1XWK 5 $120.00 $600 $104.00 $520 $121.00 $605 $145.00 $725 $152.00 $760 $160.00 $800 COMMERCIAL FL TRASH 4T2 4YD TRASH 2XWK 4 $197.00 $788 $193.00 $772 $225.00 $900 $270.00 $1,080 $284.00 $1,136 $298.00 $1,192 COMMERCIAL FL TRASH 4T3 4YD TRASH 3XWK 1 $316.00 $316 $279.00 $279 $325.00 $325 $390.00 $390 $410.00 $410 $430.00 $430 COMMERCIAL FL TRASH 4T5 4YD TRASH 5XWK 1 $473.00 $473 $450.00 $450 $525.00 $525 $630.00 $630 $662.00 $662 $695.00 $695 EDUCATIONAL FL TRASH 2T1 2YD TRASH 1XWK 1 $78.00 $78 $79.00 $79 $92.00 $92 $110.00 $110 $116.00 $116 $121.00 $121EDUCATIONAL FL TRASH 3T1 3YD TRASH 1XWK 4 $94.00 $376 $93.00 $372 $108.00 $432 $130.00 $520 $137.00 $548 $143.00 $572 EDUCATIONAL FL TRASH 3T2 3YD TRASH 2XWK 4 $188.00 $752 $179.00 $716 $208.00 $832 $250.00 $1,000 $263.00 $1,052 $276.00 $1,104 EDUCATIONAL FL TRASH 3T5 3YD TRASH 5XWK 9 $471.00 $4,239 $439.00 $3,951 $513.00 $4,617 $615.00 $5,535 $646.00 $5,814 $678.00 $6,102 EDUCATIONAL FL TRASH 4T2 4YD TRASH 2XWK 2 $197.00 $394 $193.00 $386 $225.00 $450 $270.00 $540 $284.00 $568 $298.00 $596 INDUSTRIAL FL TRASH 2T1 2YD TRASH 1XWK 1 $78.00 $78 $79.00 $79 $92.00 $92 $110.00 $110 $116.00 $116 $121.00 $121INDUSTRIAL FL TRASH 3T1 3YD TRASH 1XWK 6 $94.00 $564 $93.00 $558 $108.00 $648 $130.00 $780 $137.00 $822 $143.00 $858 INDUSTRIAL FL TRASH 3T2 3YD TRASH 2XWK 2 $188.00 $376 $179.00 $358 $208.00 $416 $250.00 $500 $263.00 $526 $276.00 $552 COMMERCIAL NONE LOCK LOCK 7 $0.00 $0 $35.00 $245 $36.00 $252 $37.00 $259 $38.00 $266 $39.00 $273 EDUCATIONAL NONE LOCK LOCK 2 $0.00 $0 $35.00 $70 $36.00 $72 $37.00 $74 $38.00 $76 $39.00 $78 COMMERCIAL SL ORGANICS Com 6496G1 96G ORGANICS 1XWK 1 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 EDUCATIONAL SL RECYCLE Com 64R1 64 RECYCLE 1XWK 1 $0.00 $0 $7.00 $7 $8.00 $8 $10.00 $10 $11.00 $11 $12.00 $12COMMERCIAL SL ORGANICS Com 6496G1 96G ORGANICS 1XWK 14 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 EDUCATIONAL SL ORGANICS Com 6496G1 96G ORGANICS 1XWK 5 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 INDUSTRIAL SL ORGANICS Com 6496G1 96G ORGANICS 1XWK 1 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 COMMERCIAL SL RECYCLE Com 96R1 96 RECYCLE 1XWK 16 $0.00 $0 $7.00 $112 $8.00 $128 $10.00 $160 $11.00 $176 $12.00 $192EDUCATIONAL SL RECYCLE Com 96R1 96 RECYCLE 1XWK 3 $0.00 $0 $7.00 $21 $8.00 $24 $10.00 $30 $11.00 $33 $12.00 $36INDUSTRIAL SL RECYCLE Com 96R1 96 RECYCLE 1XWK 1 $0.00 $0 $7.00 $7 $8.00 $8 $10.00 $10 $11.00 $11 $12.00 $12COMMERCIAL SL TRASH Com 64T1 64G TRASH 1XWK 5 $15.60 $78 $13.00 $65 $15.00 $75 $18.00 $90 $19.00 $95 $20.00 $100COMMERCIAL SL TRASH Com 96T1 96G TRASH 1XWK 7 $15.00 $105 $13.00 $91 $15.00 $105 $18.00 $126 $19.00 $133 $20.00 $140COMMERCIAL SPECIAL SERVICES LOCK LOCK 10 $0.00 $0 $35.00 $350 $36.00 $360 $37.00 $370 $38.00 $380 $39.00 $390MULTI FAMILY 5+ UNITS FL RECYCLE 2R1 2YD RECYCLE 1XWK 6 $0.00 $0 $39.00 $234 $46.00 $276 $55.00 $330 $58.00 $348 $61.00 $366MULTI FAMILY 5+ UNITS FL RECYCLE 3R1 3YD RECYCLE 1XWK 15 $0.00 $0 $46.00 $690 $54.00 $810 $65.00 $975 $68.00 $1,020 $72.00 $1,080MULTI FAMILY 5+ UNITS FL RECYCLE 3R2 3YD RECYCLE 2XWK 5 $0.00 $0 $75.00 $375 $88.00 $440 $105.00 $525 $110.00 $550 $116.00 $580MULTI FAMILY 5+ UNITS FL RECYCLE 3R3 3YD RECYCLE 3XWK 1 $0.00 $0 $111.00 $111 $129.00 $129 $155.00 $155 $163.00 $163 $171.00 $171MULTI FAMILY 5+ UNITS FL TRASH 2T1 2YD TRASH 1XWK 2 $78.00 $156 $79.00 $158 $92.00 $184 $110.00 $220 $116.00 $232 $121.00 $242 MULTI FAMILY 5+ UNITS FL TRASH 2T2 2YD TRASH 2XWK 12 $119.00 $1,428 $139.00 $1,668 $163.00 $1,956 $195.00 $2,340 $205.00 $2,460 $215.00 $2,580 MULTI FAMILY 5+ UNITS FL TRASH 3T1 3YD TRASH 1XWK 7 $94.00 $658 $93.00 $651 $108.00 $756 $130.00 $910 $137.00 $959 $143.00 $1,001 MULTI FAMILY 5+ UNITS FL TRASH 3T2 3YD TRASH 2XWK 15 $188.00 $2,820 $179.00 $2,685 $208.00 $3,120 $250.00 $3,750 $263.00 $3,945 $276.00 $4,140 MULTI FAMILY 5+ UNITS FL TRASH 3T3 3YD TRASH 3XWK 23 $282.00 $6,486 $268.00 $6,164 $313.00 $7,199 $375.00 $8,625 $394.00 $9,062 $413.00 $9,499 MULTI FAMILY 5+ UNITS FL TRASH 4T2 4YD TRASH 2XWK 4 $197.00 $788 $193.00 $772 $225.00 $900 $270.00 $1,080 $284.00 $1,136 $298.00 $1,192 MULTI FAMILY 5+ UNITS NONE LOCK LOCK 2 $0.00 $0 $35.00 $70 $36.00 $72 $37.00 $74 $38.00 $76 $39.00 $78 MULTI FAMILY 5+ UNITS SL ORGANICS Com 6496G1 6496G ORGANICS 1XWK 4 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 $0.00 $0 MULTI FAMILY 5+ UNITS SL RECYCLE Com 64R1 64 RECYCLE 1XWK 10 $0.00 $0 $7.00 $70 $8.00 $80 $10.00 $100 $11.00 $110 $12.00 $120 MULTI FAMILY 5+ UNITS SL RECYCLE Com 96R1 96 RECYCLE 1XWK 7 $0.00 $0 $7.00 $49 $8.00 $56 $10.00 $70 $11.00 $77 $12.00 $84MULTI FAMILY 5+ UNITS SL TRASH Com 64T1 64G TRASH 1XWK 10 $15.60 $156 $13.00 $130 $15.00 $150 $18.00 $180 $19.00 $190 $20.00 $200MULTI FAMILY 5+ UNITS SL TRASH Com 96T1 96G TRASH 1XWK 10 $15.00 $150 $13.00 $130 $15.00 $150 $18.00 $180 $19.00 $190 $20.00 $200Grand Total $60,307 $74,467 $81,693 $91,039 $95,288 $99,566 Non SF Only: 363 $26,557 $14,160 $7,226 $9,346 $4,249 $4,278 From MV Inventory 363 $26,557 23% 10% 11% 5% 4%
s/b $0 0 $0
7 $60,307 6 $74,467 6 $81,693 6 $91,039 6 $95,288
12 $723,684 5 $74,467 6 $81,693 6 $91,039 6 $95,288 6 $99,566 Year 1: $794,000 Year 2: $937,000 Year 3: $1,036,000 Year 4: $1,118,000 Year 5: $1,169,000 January 25, 2024 Pg. 43
9 ATTACHMENT 4: Rate Model Incorporating Eight Percent for City Overhead Rate Description Count MV Proposed MV Monthly Cost Present Rate Present Revenue Mark Up to Mid-Valley Fees
Proposed
Rate MV Rate Revenue MV Rate Revenue MV Rate Revenue MV Rate Revenue 8% 8% 8% 8%
Standard 3-Cart Service 1,875 $22.00 $41,250 $19.00 $35,625 8.0% $23.76 $44,550 25% $23.00 $24.84 $46,575 $24.00 $25.92 $48,600 $25.00 $27.00 $50,625 $26.00 $28.08 $52,650 3-CART SERVICE 64 SENIOR 0 $20.00 $0 $0.00 $0 8.0% $21.60 $0 $21.00 $22.68 $22.00 $23.76 $0 $23.00 $24.84 $0 $24.00 $25.92 $0 96G TRASH 1XWK EXTRA 46 $11.00 $506 $23.00 $1,058 8.0% $11.88 $546 -48% $11.00 $11.88 $546 $11.00 $11.88 $546 $12.00 $12.96 $596 $13.00 $14.04 $646 96G RECYCLE 1XWK EXTRA 0 $9.00 $0 $5.00 $0 8.0% $9.72 $0 94% $9.00 $9.72 $0 $9.00 $9.72 $0 $10.00 $10.80 $0 $12.00 $12.96 $096G ORGANICS 1XWK EXTRA 0 $10.00 $0 $15.00 $0 8.0% $10.80 $0 -28% $10.00 $10.80 $0 $10.00 $10.80 $0 $11.00 $11.88 $0 $12.00 $12.96 $0 2YD RECYCLE 1XWK 4 $39.00 $156 $0.00 $0 8.0% $42.12 $168 $46.00 $49.68 $199 $55.00 $59.40 $238 $58.00 $62.64 $251 $61.00 $65.88 $264 2YD RECYCLE 2XWK 1 $68.00 $68 $0.00 $0 8.0% $73.44 $73 $79.00 $85.32 $85 $95.00 $102.60 $103 $100.00 $108.00 $108 $105.00 $113.40 $113 2YD RECYCLE 3XWK 0 $96.00 $0 $0.00 $0 8.0% $103.68 $0 $113.00 $122.04 $0 $135.00 $145.80 $0 $142.00 $153.36 $0 $149.00 $160.92 $0 3YD RECYCLE 1XWK 22 $46.00 $1,012 $0.00 $0 8.0% $49.68 $1,093 $54.00 $58.32 $1,283 $65.00 $70.20 $1,544 $68.00 $73.44 $1,616 $72.00 $77.76 $1,711 3YD RECYCLE 2XWK 11 $75.00 $825 $0.00 $0 8.0% $81.00 $891 $88.00 $95.04 $1,045 $105.00 $113.40 $1,247 $110.00 $118.80 $1,307 $116.00 $125.28 $1,378 3YD RECYCLE 3XWK 7 $111.00 $777 $0.00 $0 8.0% $119.88 $839 $129.00 $139.32 $975 $155.00 $167.40 $1,172 $163.00 $176.04 $1,232 $171.00 $184.68 $1,293 4YD RECYCLE 1XWK 2 $61.00 $122 $0.00 $0 8.0% $65.88 $132 $71.00 $76.68 $153 $85.00 $91.80 $184 $89.00 $96.12 $192 $94.00 $101.52 $2034YD RECYCLE 2XWK 1 $100.00 $100 $0.00 $0 8.0% $108.00 $108 $117.00 $126.36 $126 $140.00 $151.20 $151 $147.00 $158.76 $159 $154.00 $166.32 $166 4YD RECYCLE 3XWK 1 $143.00 $143 $0.00 $0 8.0% $154.44 $154 $167.00 $180.36 $180 $200.00 $216.00 $216 $210.00 $226.80 $227 $221.00 $238.68 $239 6YD RECYCLE 1XWK 0 $86.00 $0 $0.00 $0 8.0% $92.88 $0 $100.00 $108.00 $0 $120.00 $129.60 $0 $126.00 $136.08 $0 $132.00 $142.56 $0 6YD RECYCLE 2XWK 1 $143.00 $143 $0.00 $0 8.0% $154.44 $154 $167.00 $180.36 $180 $200.00 $216.00 $216 $210.00 $226.80 $227 $221.00 $238.68 $239 6YD RECYCLE 3XWK 0 $211.00 $0 $0.00 $0 8.0% $227.88 $0 $246.00 $265.68 $0 $295.00 $318.60 $0 $310.00 $334.80 $0 $325.00 $351.00 $0 1YD TRASH 1XWK 6 $54.00 $324 $41.40 $248 8.0% $58.32 $350 41% $63.00 $68.04 $408 $75.00 $81.00 $486 $79.00 $85.32 $512 $83.00 $89.64 $5381YD TRASH 2XWK 0 $89.00 $0 $0.00 $0 8.0% $96.12 $0 $104.00 $112.32 $0 $125.00 $135.00 $0 $131.00 $141.48 $0 $138.00 $149.04 $0 1YD TRASH 3XWK 0 $125.00 $0 $0.00 $0 8.0% $135.00 $0 $146.00 $157.68 $0 $175.00 $189.00 $0 $184.00 $198.72 $0 $193.00 $208.44 $0 2YD TRASH 1XWK 11 $79.00 $869 $65.20 $717 8.0% $85.32 $939 31% $92.00 $99.36 $1,093 $110.00 $118.80 $1,307 $116.00 $125.28 $1,378 $121.00 $130.68 $1,4372YD TRASH 2XWK 10 $139.00 $1,390 $99.15 $992 8.0% $150.12 $1,501 51% $163.00 $176.04 $1,760 $195.00 $210.60 $2,106 $205.00 $221.40 $2,214 $215.00 $232.20 $2,322 2YD TRASH 3XWK 0 $207.00 $0 $131.80 $0 8.0% $223.56 $0 $242.00 $261.36 $0 $290.00 $313.20 $0 $305.00 $329.40 $0 $320.00 $345.60 $0 3YD TRASH 1XWK 15 $93.00 $1,395 $78.45 $1,177 8.0% $100.44 $1,507 28% $108.00 $116.64 $1,750 $130.00 $140.40 $2,106 $137.00 $147.96 $2,219 $143.00 $154.44 $2,317 3YD TRASH 2XWK 2 $179.00 $358 $156.90 $314 8.0% $193.32 $387 23% $208.00 $224.64 $449 $250.00 $270.00 $540 $263.00 $284.04 $568 $276.00 $298.08 $596 3YD TRASH 3XWK 2 $268.00 $536 $235.30 $471 8.0% $289.44 $579 23% $313.00 $338.04 $676 $375.00 $405.00 $810 $394.00 $425.52 $851 $413.00 $446.04 $892 3YD TRASH 4XWK 0 $354.00 $0 $313.75 $0 8.0% $382.32 $0 $413.00 $446.04 $0 $495.00 $534.60 $0 $520.00 $561.60 $0 $546.00 $589.68 $0 3YD TRASH 5XWK 0 $439.00 $0 $392.20 $0 8.0% $474.12 $0 $513.00 $554.04 $0 $615.00 $664.20 $0 $646.00 $697.68 $0 $678.00 $732.24 $0 4YD TRASH 1XWK 5 $104.00 $520 $99.75 $499 8.0% $112.32 $562 13% $121.00 $130.68 $653 $145.00 $156.60 $783 $152.00 $164.16 $821 $160.00 $172.80 $864 4YD TRASH 2XWK 4 $193.00 $772 $164.50 $658 8.0% $208.44 $834 27% $225.00 $243.00 $972 $270.00 $291.60 $1,166 $284.00 $306.72 $1,227 $298.00 $321.84 $1,287 4YD TRASH 3XWK 1 $279.00 $279 $263.65 $264 8.0% $301.32 $301 14% $325.00 $351.00 $351 $390.00 $421.20 $421 $410.00 $442.80 $443 $430.00 $464.40 $464 4YD TRASH 4XWK 0 $364.00 $0 $329.00 $0 8.0% $393.12 $0 19% $425.00 $459.00 $0 $510.00 $550.80 $0 $536.00 $578.88 $0 $562.00 $606.96 $0 4YD TRASH 5XWK 1 $450.00 $450 $394.40 $394 8.0% $486.00 $486 23% $525.00 $567.00 $567 $630.00 $680.40 $680 $662.00 $714.96 $715 $695.00 $750.60 $751 LOCK 7 $35.00 $245 $0.00 $0 8.0% $37.80 $265 $36.00 $38.88 $272 $37.00 $39.96 $280 $38.00 $41.04 $287 $39.00 $42.12 $295 64G ORGANICS 1XWK 1 $13.00 $13 $15.00 $15 8.0% $14.04 $14 -6% $15.00 $16.20 $16 $18.00 $19.44 $19 $18.00 $19.44 $19 $18.00 $19.44 $1964G ORGANICS 2XWK 14 $23.00 $322 $0.00 $0 8.0% $24.84 $348 $27.00 $29.16 $408 $32.00 $34.56 $484 $32.00 $34.56 $484 $32.00 $34.56 $484 ORGANICS PER YARD 1XWK 0 $32.00 $0 $0.00 $0 8.0% $34.56 $0 $38.00 $41.04 $0 $45.00 $48.60 $0 $45.00 $48.60 $0 $45.00 $48.60 $0 ORGANICS PER YARD 2XWK 0 $64.00 $0 $0.00 $0 8.0% $69.12 $0 $75.00 $81.00 $0 $90.00 $97.20 $0 $90.00 $97.20 $0 $90.00 $97.20 $0 96 RECYCLE 1XWK 16 $7.00 $112 $5.00 $80 8.0% $7.56 $121 51% $8.00 $8.64 $138 $10.00 $10.80 $173 $11.00 $11.88 $190 $12.00 $12.96 $207 96 RECYCLE 2XWK 0 $12.00 $0 $0.00 $0 8.0% $12.96 $0 $14.00 $15.12 $0 $17.00 $18.36 $0 $18.00 $19.44 $0 $19.00 $20.52 $0 64G TRASH 1XWK 5 $13.00 $65 $0.00 $0 8.0% $14.04 $70 $15.00 $16.20 $81 $18.00 $19.44 $97 $19.00 $20.52 $103 $20.00 $21.60 $108 96G TRASH 1XWK 7 $13.00 $91 $0.00 $0 8.0% $14.04 $98 $15.00 $16.20 $113 $18.00 $19.44 $136 $19.00 $20.52 $144 $20.00 $21.60 $151 96G TRASH 2XWK 0 $21.00 $0 $0.00 $0 8.0% $22.68 $0 $25.00 $27.00 $0 $30.00 $32.40 $0 $32.00 $34.56 $0 $33.00 $35.64 $0 LOCK 10 $35.00 $350 $0.00 $0 8.0% $37.80 $378 $36.00 $38.88 $389 $37.00 $39.96 $400 $38.00 $41.04 $410 $39.00 $42.12 $421 Temp 3 yd delivery 0 $75.00 $0 8.0% $81.00 $90 $97.20 $105.00 $113.40 $115.00 $124.20 $125.00 $135.00Temp 3 yd per service 0 $60.00 $0 8.0% $64.80 $70 $75.60 $80.00 $86.40 $90.00 $97.20 $100.00 $108.00Roll-off delivery 0 $70.00 $0 8.0% $75.60 $75 $81.00 $80.00 $86.40 $85.00 $91.80 $90.00 $97.20Roll-off per service 0 $275.00 $0 8.0% $297.00 $300 $324.00 $325.00 $351.00 $350.00 $378.00 $375.00 $405.00 Contam 1 0 $18.00 $0 8.0% $19.44 $19 $20.52 $20.00 $21.60 $21.00 $22.68 $22.00 $23.76Contam 2 0 $35.00 $0 8.0% $37.80 $40 $43.20 $45.00 $48.60 $50.00 $54.00 $55.00 $59.40Contam 3 0 $60.00 $0 8.0% $64.80 $65 $70.20 $70.00 $75.60 $75.00 $81.00 $80.00 $86.40Bin Clean 0 $40.00 $0 8.0% $43.20 $42 $45.36 $44.00 $47.52 $46.00 $49.68 $48.00 $51.84Bulky Appl 0 $25.00 $0 8.0% $27.00 $25 $27.00 $25.00 $27.00 $35.00 $37.80 $45.00 $48.60Bulky Couch 0 $35.00 $0 8.0% $37.80 $35 $37.80 $35.00 $37.80 $45.00 $48.60 $55.00 $59.40Bulky per yard 0 $35.00 $0 8.0% $37.80 $40 $43.20 $45.00 $48.60 $50.00 $54.00 $55.00 $59.403YD RECYCLE 1XWK 1 $46.00 $46 $0.00 $0 8.0% $49.68 $50 $54.00 $58.32 $58 $65.00 $70.20 $70 $68.00 $73.44 $73 $72.00 $77.76 $783YD RECYCLE 2XWK 3 $75.00 $225 $0.00 $0 8.0% $81.00 $243 $88.00 $95.04 $285 $105.00 $113.40 $340 $110.00 $118.80 $356 $116.00 $125.28 $376 3YD RECYCLE 3XWK 7 $111.00 $777 $0.00 $0 8.0% $119.88 $839 $129.00 $139.32 $975 $155.00 $167.40 $1,172 $163.00 $176.04 $1,232 $171.00 $184.68 $1,293 2YD TRASH 1XWK 1 $79.00 $79 $65.20 $65 8.0% $85.32 $85 31% $92.00 $99.36 $99 $110.00 $118.80 $119 $116.00 $125.28 $125 $121.00 $130.68 $1313YD TRASH 1XWK 4 $93.00 $372 $78.45 $314 8.0% $100.44 $402 28% $108.00 $116.64 $467 $130.00 $140.40 $562 $137.00 $147.96 $592 $143.00 $154.44 $618 3YD TRASH 2XWK 4 $179.00 $716 $156.90 $628 8.0% $193.32 $773 23% $208.00 $224.64 $899 $250.00 $270.00 $1,080 $263.00 $284.04 $1,136 $276.00 $298.08 $1,192 3YD TRASH 5XWK 9 $439.00 $3,951 $392.20 $3,530 8.0% $474.12 $4,267 21% $513.00 $554.04 $4,986 $615.00 $664.20 $5,978 $646.00 $697.68 $6,279 $678.00 $732.24 $6,590 4YD TRASH 2XWK 2 $193.00 $386 $164.50 $329 8.0% $208.44 $417 27% $225.00 $243.00 $486 $270.00 $291.60 $583 $284.00 $306.72 $613 $298.00 $321.84 $644 LOCK 2 $35.00 $70 $0.00 $0 8.0% $37.80 $76 $36.00 $38.88 $78 $37.00 $39.96 $80 $38.00 $41.04 $82 $39.00 $42.12 $8464G ORGANICS 1XWK 5 $13.00 $65 $15.00 $75 8.0% $14.04 $70 -6% $15.00 $16.20 $81 $18.00 $19.44 $97 $18.00 $19.44 $97 $18.00 $19.44 $9764 RECYCLE 1XWK 1 $7.00 $7 $0.00 $0 8.0% $7.56 $8 $8.00 $8.64 $9 $10.00 $10.80 $11 $11.00 $11.88 $12 $12.00 $12.96 $13 96 RECYCLE 1XWK 3 $7.00 $21 $5.00 $15 8.0% $7.56 $23 51% $8.00 $8.64 $26 $10.00 $10.80 $32 $11.00 $11.88 $36 $12.00 $12.96 $39 2YD TRASH 1XWK 1 $79.00 $79 $65.20 $65 8.0% $85.32 $85 31% $92.00 $99.36 $99 $110.00 $118.80 $119 $116.00 $125.28 $125 $121.00 $130.68 $1313YD TRASH 1XWK 6 $93.00 $558 $78.45 $471 8.0% $100.44 $603 28% $108.00 $116.64 $700 $130.00 $140.40 $842 $137.00 $147.96 $888 $143.00 $154.44 $927 3YD TRASH 2XWK 2 $179.00 $358 $156.90 $314 8.0% $193.32 $387 23% $208.00 $224.64 $449 $250.00 $270.00 $540 $263.00 $284.04 $568 $276.00 $298.08 $596 64G ORGANICS 1XWK 1 $13.00 $13 $15.00 $15 8.0% $14.04 $14 -6% $15.00 $16.20 $16 $18.00 $19.44 $19 $18.00 $19.44 $19 $18.00 $19.44 $1996 RECYCLE 1XWK 1 $7.00 $7 $5.00 $5 8.0% $7.56 $8 51% $8.00 $8.64 $9 $10.00 $10.80 $11 $11.00 $11.88 $12 $12.00 $12.96 $13 2YD RECYCLE 1XWK 6 $39.00 $234 $0.00 8.0% $42.12 $253 $46.00 $49.68 $298 $55.00 $59.40 $356 $58.00 $62.64 $376 $61.00 $65.88 $395 3YD RECYCLE 1XWK 15 $46.00 $690 $0.00 8.0% $49.68 $745 $54.00 $58.32 $875 $65.00 $70.20 $1,053 $68.00 $73.44 $1,102 $72.00 $77.76 $1,166 3YD RECYCLE 2XWK 5 $75.00 $375 $0.00 8.0% $81.00 $405 $88.00 $95.04 $475 $105.00 $113.40 $567 $110.00 $118.80 $594 $116.00 $125.28 $626 3YD RECYCLE 3XWK 1 $111.00 $111 $0.00 8.0% $119.88 $120 $129.00 $139.32 $139 $155.00 $167.40 $167 $163.00 $176.04 $176 $171.00 $184.68 $185 2YD TRASH 1XWK 2 $79.00 $158 $65.20 8.0% $85.32 $171 31% $92.00 $99.36 $199 $110.00 $118.80 $238 $116.00 $125.28 $251 $121.00 $130.68 $2612YD TRASH 2XWK 12 $139.00 $1,668 $99.15 8.0% $150.12 $1,801 51% $163.00 $176.04 $2,112 $195.00 $210.60 $2,527 $205.00 $221.40 $2,657 $215.00 $232.20 $2,786 3YD TRASH 1XWK 7 $93.00 $651 $78.45 8.0% $100.44 $703 28% $108.00 $116.64 $816 $130.00 $140.40 $983 $137.00 $147.96 $1,036 $143.00 $154.44 $1,081 3YD TRASH 2XWK 15 $179.00 $2,685 $156.90 8.0% $193.32 $2,900 23% $208.00 $224.64 $3,370 $250.00 $270.00 $4,050 $263.00 $284.04 $4,261 $276.00 $298.08 $4,4713YD TRASH 3XWK 23 $268.00 $6,164 $235.30 8.0% $289.44 $6,657 23% $313.00 $338.04 $7,775 $375.00 $405.00 $9,315 $394.00 $425.52 $9,787 $413.00 $446.04 $10,259 4YD TRASH 2XWK 4 $193.00 $772 $164.50 8.0% $208.44 $834 27% $225.00 $243.00 $972 $270.00 $291.60 $1,166 $284.00 $306.72 $1,227 $298.00 $321.84 $1,287 LOCK 2 $35.00 $70 $0.00 8.0% $37.80 $76 $36.00 $38.88 $78 $37.00 $39.96 $80 $38.00 $41.04 $82 $39.00 $42.12 $8464G ORGANICS 1XWK 4 $13.00 $52 $15.00 8.0% $14.04 $56 -6% $15.00 $16.20 $65 $18.00 $19.44 $78 $18.00 $19.44 $78 $18.00 $19.44 $7864 RECYCLE 1XWK 10 $7.00 $70 $0.00 8.0% $7.56 $76 $8.00 $8.64 $86 $10.00 $10.80 $108 $11.00 $11.88 $119 $12.00 $12.96 $130 96 RECYCLE 1XWK 7 $7.00 $49 $5.00 8.0% $7.56 $53 51% $8.00 $8.64 $60 $10.00 $10.80 $76 $11.00 $11.88 $83 $12.00 $12.96 $91 64G TRASH 1XWK 10 $13.00 $130 $0.00 8.0% $14.04 $140 $15.00 $16.20 $162 $18.00 $19.44 $194 $19.00 $20.52 $205 $20.00 $21.60 $216 96G TRASH 1XWK 10 $13.00 $130 $0.00 8.0% $14.04 $140 $15.00 $16.20 $162 $18.00 $19.44 $194 $19.00 $20.52 $205 $20.00 $21.60 $216 $74,932 $62,706 $80,927 $88,815 $99,020 $103,609 $108,229 Existing/Goal $61,867 $74,932 Mid-Valley Fee Total
Existing/Goal $839 $5,833 City Components
Existing/Goal $80,765 Total from Rates
2028 2024
$14,370
New Revenue
2025 2026 2027
January 25, 2024 Pg. 44
10 ATTACHMENT 5: Fee and Existing Rate Table Showing Avenal’s Billing Codes MV Current
Rate
MV
Proposed
1/1/24
MV
Proposed
1/1/25
MV
Proposed
1/1/26
MV
Proposed
1/1/27
MV
Proposed
1/1/28
Avenal
Code
Avenal
Existing
SL 3-Cart Res 3-Ct Standard 3-Cart Service $18.00 $22.00 $23.00 $24.00 $25.00 $26.00 401 $19.00 SL 3-Cart Res 3-Ct 64 3-Cart Service 64 $0.00 $20.00 $21.00 $22.00 $23.00 $24.00 SL TRASH Res 96T1E 96G TRASH 1XWK EXTRA $0.00 $11.00 $11.00 $11.00 $12.00 $13.00 406 $23.00 SL RECYCLE Res 96R1E 96G RECYCLE 1XWK EXTRA $0.00 $9.00 $9.00 $9.00 $10.00 $12.00 429 $5.00 SL ORGANICS Res 96O1E 96G ORGANICS 1XWK EXTRA $0.00 $10.00 $10.00 $10.00 $11.00 $12.00 405 $15.00 SL TRASH Com 64T1 64G TRASH 1XWK $15.60 $13.00 $15.00 $18.00 $19.00 $20.00 SL TRASH Com 96T1 96G TRASH 1XWK $15.00 $13.00 $15.00 $18.00 $19.00 $20.00 SL TRASH Com 96T2 96G TRASH 2XWK $21.00 $25.00 $30.00 $32.00 $33.00 SL ORGANICS Com 6496G1 6496G ORGANICS 1XWK $0.00 $11.00 $13.00 $15.00 $16.00 $17.00 405 $15.00 SL ORGANICS Com 6496G2 6496G ORGANICS 2XWK $0.00 $21.00 $25.00 $30.00 $32.00 $33.00 $30.00 SL RECYCLE Com 64R1 64 RECYCLE 1XWK $0.00 $7.00 $8.00 $10.00 $11.00 $12.00 SL RECYCLE Com 96R1 96 RECYCLE 1XWK $0.00 $7.00 $8.00 $10.00 $11.00 $12.00 429 $5.00 SL RECYCLE Com 96R2 96 RECYCLE 2XWK $0.00 $12.00 $14.00 $17.00 $18.00 $19.00 FL TRASH 1T1 1YD TRASH 1XWK $50.00 $54.00 $63.00 $75.00 $79.00 $83.00 410 $41.40 FL TRASH 1T2 1YD TRASH 2XWK $79.00 $89.00 $104.00 $125.00 $131.00 $138.00 FL TRASH 1T3 1YD TRASH 3XWK $119.00 $125.00 $146.00 $175.00 $184.00 $193.00 FL TRASH 2T1 2YD TRASH 1XWK $78.00 $79.00 $92.00 $110.00 $116.00 $121.00 411 $65.20 FL TRASH 2T2 2YD TRASH 2XWK $119.00 $139.00 $163.00 $195.00 $205.00 $215.00 412 $99.15 FL TRASH 2T3 2YD TRASH 3XWK $158.00 $207.00 $242.00 $290.00 $305.00 $320.00 413 $131.80 FL TRASH 3T1 3YD TRASH 1XWK $94.00 $93.00 $108.00 $130.00 $137.00 $143.00 417 $78.45 FL TRASH 3T2 3YD TRASH 2XWK $188.00 $179.00 $208.00 $250.00 $263.00 $276.00 418 $156.90 FL TRASH 3T3 3YD TRASH 3XWK $282.00 $268.00 $313.00 $375.00 $394.00 $413.00 419 $235.30 FL TRASH 3T4 3YD TRASH 4XWK $377.00 $354.00 $413.00 $495.00 $520.00 $546.00 420 $313.75 FL TRASH 3T5 3YD TRASH 5XWK $471.00 $439.00 $513.00 $615.00 $646.00 $678.00 421 $392.20 FL TRASH 4T1 4YD TRASH 1XWK $120.00 $104.00 $121.00 $145.00 $152.00 $160.00 423 $99.75 FL TRASH 4T2 4YD TRASH 2XWK $197.00 $193.00 $225.00 $270.00 $284.00 $298.00 424 $164.50 FL TRASH 4T3 4YD TRASH 3XWK $316.00 $279.00 $325.00 $390.00 $410.00 $430.00 425 $263.65 FL TRASH 4T4 4YD TRASH 4XWK $395.00 $364.00 $425.00 $510.00 $536.00 $562.00 426 $329.00 FL TRASH 4T5 4YD TRASH 5XWK $473.00 $450.00 $525.00 $630.00 $662.00 $695.00 427 $394.40 FL RECYCLE 2R1 2YD RECYCLE 1XWK $0.00 $39.00 $46.00 $55.00 $58.00 $61.00 FL RECYCLE 2R2 2YD RECYCLE 2XWK $0.00 $68.00 $79.00 $95.00 $100.00 $105.00 FL RECYCLE 2R3 2YD RECYCLE 3XWK $0.00 $96.00 $113.00 $135.00 $142.00 $149.00 FL RECYCLE 3R1 3YD RECYCLE 1XWK $0.00 $46.00 $54.00 $65.00 $68.00 $72.00 FL RECYCLE 3R2 3YD RECYCLE 2XWK $0.00 $75.00 $88.00 $105.00 $110.00 $116.00 FL RECYCLE 3R3 3YD RECYCLE 3XWK $0.00 $111.00 $129.00 $155.00 $163.00 $171.00 FL RECYCLE 4R1 4YD RECYCLE 1XWK $0.00 $61.00 $71.00 $85.00 $89.00 $94.00 FL RECYCLE 4R2 4YD RECYCLE 2XWK $0.00 $100.00 $117.00 $140.00 $147.00 $154.00 FL RECYCLE 4R3 4YD RECYCLE 3XWK $0.00 $143.00 $167.00 $200.00 $210.00 $221.00 FL RECYCLE 6R1 6YD RECYCLE 1XWK $86.00 $100.00 $120.00 $126.00 $132.00 FL RECYCLE 6R2 6YD RECYCLE 2XWK $0.00 $143.00 $167.00 $200.00 $210.00 $221.00 FL RECYCLE 6R3 6YD RECYCLE 3XWK $211.00 $246.00 $295.00 $310.00 $325.00 NONE LOCK LOCK $0.00 $35.00 $36.00 $37.00 $38.00 $39.00 FL ORGANICS YDG ORGANICS PER YD 1X $0.00 $32.00 $38.00 $45.00 $45.00 $45.00 Sweeping Sweep Sweeping $2.00 $2.25 $2.50 $2.75 $3.00
Mid-Valley (MV) Avenal
RouteType Rate Code Rate Description
January 25, 2024 Pg. 45
1 of 4

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF AVENAL,

CALIFORNIA, INCREASING THE CITY'S

SOLID WASTE COLLECTION RATES

AND CHARGES EFFECTIVE FEBRUARY
1, 2024
RESOLUTION 2024-__05__
WHEREAS, the City of Avenal ("City") is responsible for solid waste collection to residents and businesses within the City limits of Avenal; and WHEREAS, the City has contracted with Mid-Valley Disposal, Inc. to provide exclusive solid waste collection services to the residents and businesses within the City limits; and
WHEREAS, due to increasing costs including, but not limited to, inflation, additional state-mandated requirements, and additional services required, the current rates and charges (hereinafter collectively referred to as "rates") are insufficient to recover the total costs of providing solid waste collection, which include collection of land fill, recycle materials, organic waste, and also now including street sweeping service; and
WHEREAS, IGService prepared a Refuse Rate Study, dated December 1, 2023, providing explanations and calculations for the determination of reset solid waste collection rates; and
WHEREAS, the Refuse Rate Study contains a detailed cost of service analysis to realign costs such that that proposed rates are proportional to the cost of services, consistent with the requirements of Proposition 218, detailed below; and WHEREAS, the City Council of the City of Avenal discussed the proposed revised rates on December 16, 2023, and supported issuing a rate increase notice to all customers and property owners; and
WHEREAS, the City proposes to increase its solid waste collection rates in accordance with California Health & Safety Code, Section 5471 in an amount that corresponds to the amount necessary to provide these services. Therefore, the City Council finds, with respect to the revenue derived from the increased rates, that (1) there is a reasonable relationship between the use of the rates increased herein and the services for which they are imposed; (2) the revenue derived from the increased rates does not exceed the amount necessary to provide the services and improvements; (3) the increased rates shall not be used for any purpose other than that for which the rates are imposed; (4) the increased rates do not exceed the proportional cost of the services attributable to each customer; and (5) the increased rates are not levied for general governmental purposes; and
WHEREAS, pursuant to California Proposition 218 (Calif. Constitution, Article XIIID, Section 6) and California Assembly Bill 1260 (Calif. Government Code, Section 53755) at least 45 days prior to the hearing on this Resolution, the City has mailed, postage prepaid, a notice of the public hearing on the proposed rate increases to the address of the parcel owner (or customer) of record for each 2 of 4
identified parcel upon which the increased rates are being proposed, and WHEREAS, on January 25, 2024, at 5:15 p.m. (or thereafter), the City Council conducted a duly noticed public hearing at which time all those wishing to be heard were afforded an opportunity to be heard, and at which time the City Council considered any and all written protests concerning the proposed rate increases; and
WHEREAS, the City did not receive written or verbal protests from a majority of the identified parcels that would be subject to the proposed rate increase; and
WHEREAS, all other prerequisites to the adoption of this Resolution have occurred.

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 25, 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. Based on the written and verbal evidence presented to the City Council, the amounts of solid waste collection rates, as set forth in Exhibit "A", attached hereto and incorporated by reference herein, are hereby approved and adopted by the City Council of the City of Avenal. The rates set forth herein shall become effective February 1, 2024. Rates for each subsequent year shall be adjusted consistent with Exhibit “A”.

3. Pursuant to Section 15273(a) of the Guidelines for the Implementation of the California Environmental Quality Act ("CEQA"), further review under CEQA is not required because the City Council action increasing service rates within the City is for the purpose of (i) meeting operating expenses, (ii) purchasing or leasing supplies, equipment, or materials for the utility systems, and (iii) obtaining funds for capital projects necessary to maintain system service. The City Clerk is hereby 3 of 4
directed to file a Notice of Exemption with the County Clerk within five (5) days following the date of this Resolution.

4. The City Clerk shall certify to the passage and adoption of this Resolution; shall cause the same to be entered in the Book of Resolutions of the City of Avenal; and shall make a record of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same was passed and adopted.

5. EFFECTIVE DATE: This resolution shall take effect immediately upon adoption.

6. If any section, sub-section, sentence, clause, phrase or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Resolution. The City Council hereby declares that it would have adopted the Resolution and each section, sub-section, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections, sub-sections, sentences, clauses, phrases or portions to be declared invalid or unconstitutional.

7. 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.
* * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc 4 of 4
Rate Change Rate Change Rate Change Rate Change Rate Change Residential
3-Cart 96 $19.00 $23.76 25% $24.84 5% $25.92 4% $27.00 4% $28.08 4% 3-Cart 64 Seniors (Potential) $19.00 $21.60 14% $22.68 5% $23.76 5% $24.84 5% $25.92 4% Extra Trash $23.00 $11.88 -48% $11.88 0% $11.88 0% $12.96 9% $14.04 8% Extra Recycle $5.00 $9.72 94% $9.72 0% $9.72 0% $10.80 11% $12.96 20% Extra Organics $15.00 $10.80 -28% $10.80 0% $10.80 0% $11.88 10% $12.96 9% Commercial Land Fill
96G 1/wk none $14.04 new $16.20 15% $19.44 20% $20.52 6% $21.60 5% 96G 2/wk none $22.68 new $27.00 19% $32.40 20% $34.56 7% $35.64 3% 1 Yd 1/wk $41.40 $58.32 41% $68.04 17% $81.00 19% $85.32 5% $89.64 5% 1 Yd 2/wk $0.00 $96.12 new $112.32 17% $135.00 20% $141.48 5% $149.04 5% 1 Yd 3/wk $0.00 $135.00 new $157.68 17% $189.00 20% $198.72 5% $208.44 5% 2 Yd 1/wk $65.20 $85.32 31% $99.36 16% $118.80 20% $125.28 5% $130.68 4% 2 Yd 2/wk $99.15 $150.12 51% $176.04 17% $210.60 20% $221.40 5% $232.20 5% 2 Yd 3/wk $131.80 $223.56 new $261.36 17% $313.20 20% $329.40 5% $345.60 5% 3 Yd 1/wk $78.45 $100.44 28% $116.64 16% $140.40 20% $147.96 5% $154.44 4% 3 Yd 2/wk $156.90 $193.32 23% $224.64 16% $270.00 20% $284.04 5% $298.08 5% 3 Yd 3/wk $235.30 $289.44 23% $338.04 17% $405.00 20% $425.52 5% $446.04 5% 3 Yd 4/wk $313.75 $382.32 new $446.04 17% $534.60 20% $561.60 5% $589.68 5% 3 Yd 5/wk none $474.12 new $554.04 17% $664.20 20% $697.68 5% $732.24 5% 4 Yd 1/wk $99.75 $112.32 13% $130.68 16% $156.60 20% $164.16 5% $172.80 5% 4 Yd 2/wk $164.50 $208.44 27% $243.00 17% $291.60 20% $306.72 5% $321.84 5% 4 Yd 3/wk $263.65 $301.32 14% $351.00 16% $421.20 20% $442.80 5% $464.40 5% 4 Yd 4/wk $329.00 $393.12 new $459.00 17% $550.80 20% $578.88 5% $606.96 5% 4 Yd 5/wk $394.40 $486.00 23% $567.00 17% $680.40 20% $714.96 5% $750.60 5% Commercial Recycle
96G 1/wk $5.00 $7.56 51% $8.64 14% $10.80 25% $11.88 10% $12.96 9% 96G 2/wk none $12.96 new $15.12 17% $18.36 21% $19.44 6% $20.52 6% 2 Yd 1/wk none $42.12 new $49.68 18% $59.40 20% $62.64 5% $65.88 5% 2 Yd 2/wk none $73.44 new $85.32 16% $102.60 20% $108.00 5% $113.40 5% 2 Yd 3/wk none $103.68 new $122.04 18% $145.80 19% $153.36 5% $160.92 5% 3 Yd 1/wk none $49.68 new $58.32 17% $70.20 20% $73.44 5% $77.76 6% 3 Yd 2/wk none $81.00 new $95.04 17% $113.40 19% $118.80 5% $125.28 5% 3 Yd 3/wk none $119.88 new $139.32 16% $167.40 20% $176.04 5% $184.68 5% 4 Yd 1/wk none $65.88 new $76.68 16% $91.80 20% $96.12 5% $101.52 6% 4 Yd 2/wk none $108.00 new $126.36 17% $151.20 20% $158.76 5% $166.32 5% 4 Yd 3/wk none $154.44 new $180.36 17% $216.00 20% $226.80 5% $238.68 5% 6 Yd 1/wk none $92.88 new $108.00 16% $129.60 20% $136.08 5% $142.56 5% 6 Yd 2/wk none $154.44 new $180.36 17% $216.00 20% $226.80 5% $238.68 5% 6 Yd 3/wk none $227.88 new $265.68 17% $318.60 20% $334.80 5% $351.00 5% Commercial Organics
96G 1/wk $15.00 $14.04 -6% $16.20 15% $19.44 20% $19.44 0% $19.44 0% 96G 2/wk none $24.84 new $29.16 17% $34.56 19% $34.56 0% $34.56 0% Per Yard 1/wk none $34.56 new $41.04 19% $48.60 18% $48.60 0% $48.60 0% Per Yard 2/wk none $69.12 new $81.00 17% $97.20 20% $97.20 0% $97.20 0% Miscellaneous Services
Locking Lid Charge per month $37.80 new $38.88 3% $39.96 3% $41.04 3% $42.12 3% Temp 3 Yard Bin
Delivery $81.00 new $97.20 20% $113.40 17% $124.20 10% $135.00 9% Per service $64.80 new $75.60 17% $86.40 14% $97.20 13% $108.00 11% Roll-Off Service
Delivery $75.60 new $81.00 7% $86.40 7% $91.80 6% $97.20 6% Per service $297.00 new $324.00 9% $351.00 8% $378.00 8% $405.00 7% Contamination Fee (per occurrence)
1st occurrence $19.44 new $20.52 6% $21.60 5% $22.68 5% $23.76 5% 2nd occurrence $37.80 new $43.20 14% $48.60 13% $54.00 11% $59.40 10% 3rd occurrence $64.80 new $70.20 8% $75.60 8% $81.00 7% $86.40 7% Bin exchange/cleaning
Per bin each occurrence) $43.20 new $45.36 5% $47.52 5% $49.68 5% $51.84 4% Bulky Items new
Appliance $27.00 $27.00 0% $27.00 0% $37.80 40% $48.60 29% Couch/Furniture $37.80 new $37.80 0% $37.80 0% $48.60 29% $59.40 22% Per Yard (overload) $37.80 new $43.20 14% $48.60 13% $54.00 11% $59.40 10% $2.50 new $2.75 10% $3.00 9% $3.25 8% $3.50 8%
City of Avenal Present and Proposed Solid Waste Collection Rates 2/1/2024
Proposed Rates Present
Rates
Refuse Rate Description
(All rates per month) 2/1/2025 2/1/2026 2/1/2027 2/1/2028 Street Sweeping per
customer per month
Exhibit “A”

AVENAL POLICE DEPARTMENT
317 Alpine, Avenal, CA 93204
Bus. 559-386-4444 Fax 559-386-4447
AGENDA ITEM NO. 8. A - 1
Chief’s Monthly Report
January 25, 2024
Organizational Priorities
I. Leadership Stability
• Participated in a recent Police Chief’s Legislative Update meeting. • Guided the process to select a new police chief.
• We temporarily reassigned two sergeants to the rank of Acting Captain. The reassignment of two Acting Captains has stabilized leadership while we transition to a new police chief.
• Hosted a sergeant’s meeting to discuss the transition to a new chief.

II. Recruit and Retain the Best
• Participated in interviews for police officer positions. • Communicated with the Pismo Beach Police Department regarding an administrative investigation.
• Extended an offer of employment to Jessie Herring, scheduled to begin January 29th. Herring has over 30 years of law enforcement experience.

III. International Model of Community Trust
• Officers participated in the Tamarack and Avenal Elementary Santa NAS flyover • Picked up a second load of toys donated by Raul Reyna of Mission Auto Sales in Fresno.
• Officers participated in the “Pictures with Santa“ event at the Avenal Theater. • Several officers and myself participated in the “Santa on Patrol“ event which was a great success.

IV. Amongst the safest cities in America
• I attended the Major Crime Task Force meeting with the Sheriff and other Kings County chiefs.
• Coordinated with the Sheriff’s Department related to a murder investigation they handled on our behalf. The suspect has been taken into custody. • Participated in the $1 million check acceptance ceremony with Senator Hurtado.

We have begun the process to purchase a truck to haul our Mobile Command vehicle.

V. Embrace wellness amongst our employees
• Efforts to publicize resources continue.
• Department employees have been using our newly equipped Fitness Room January 25, 2024 Pg. 49
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
OLD BUSINESS ITEM AGENDA ITEM NO. 10. A
Presented Jan 11, 2024
TO: The Honorable Mayor and City Council
FROM: Antony V. López, City Manager
DATE: January 25, 2024
RE: (CONTINUED) Consider Approval of Municipal Solid Waste Collection Agreement between the City of Avenal and Mid- Valley Disposal, LLC, and adjacent services
ITEM CONTINUATION:

This item was originally presented on January 11, 2024 at a regular City Council meeting. In the packet for said meeting, included a version of the agreement which had been vetted by the City Attorney’s office to include a fixed ten (10) year term to the agreement between the City and MidValley, with one-year extensions thereafter to ensure a continuity of service if a new agreement was not reached.

City Staff was contacted by Mid-Valley representatives that a ten-year fixed term was not viable for their financial investments to the community and to meet the new requirements per SB-1383. The costanalysis and fees they presented to City Staff as part of the Prop 218 rate study, was under the assumption of a rolling-term agreement that would help Mid-Valley secure financing for new equipment and ensure lower rates for the customers.

After this revelation, Staff presented both versions of the language for a fixed and a rolling term to the Council. Mid-Valley President and CEO, Joseph Kalpakoff, was also present to explain Mid-Valley’s position on needing a rolling term agreement, and the possibility of the rates increasing by $2-3 dollars should the agreement be only fixed to ten years.

At the City Attorney’s urging, the Council tabled the item to the next Council meeting, pending further review and changes to the current agreement.

Attached is the latest version of the agreement, which includes a recital that makes clear that this agreement is a one-time sort of arrangement to assist the contractor with special financing due to recent legislative needs of today and will not be a common practice. It also adds provisions that further clarify means for ending the agreement’s rolling term basis.

Lastly, Mid-Valley has also proposed an alternative term to a ten-year rolling-term, instead proposing an initial five-year term, with the renewal/rolling provision starting in 2029 which would make the initial term 12 years, with rolling seven (7) year rolling term.

RECOMMENDATION:

Staff is presenting the updated agreement, with an option to adopt it with either a 10 year or 7 year rolling term. Should council decide to instead approve the agreement with a fixed 10 year term, the Prop 218 study may need to redone to account for possible cost increases alluded to by Mid-Valley.

In either case, Staff recommends adopting Resolution 2024-02, authorizing the City Manager to execute a Municipal Solid Waste Collection Agreement with Mid Valley Disposal, Inc.

Below is the original staff report with supporting information on the new agreement with Mid-Valley.

January 25, 2024 Pg. 50
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
OLD BUSINESS ITEM AGENDA ITEM NO. 10. A
Presented Jan 11, 2024
INFORMATION:

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 AB-341, AB-2176, SB1016, 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.

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 25, 2024 Pg. 51

MUNICIPAL SOLID WASTE COLLECTION AGREEMENT

BETWEEN

CITY OF AVENAL, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC
January 25, 2024 Pg. 52

TABLE OF CONTENTS
SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES.......................................................................3 SECTION 2 - DEFINITIONS .................................................................................................................................5 SECTION 3 - AWARD OF RESIDENTIAL AND COMMERCIAL SOLID WASTE AND RELATED SERVICES........................5 SECTION 4 – TERM AND TERMINATION.............................................................................................................7 SECTION 5 - SERVICE AREA ...............................................................................................................................7 SECTION 6 - SERVICES PROVIDED BY CONTRACTOR ...........................................................................................7 SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE MATERIALS.............................................. 11 SECTION 8 - WASTE DELIVERY DESIGNATION................................................................................................... 11 SECTION 9 - INDEMNIFICATION AND INSURANCE AND PERFORMANCE BOND .................................................. 12 SECTION 10 - FAILURE TO PERFORM AND REMEDIES ....................................................................................... 15 SECTION 11 - TRANSFER ................................................................................................................................. 20 SECTION 12 - REPORTS ................................................................................................................................... 23 SECTION 13 - COMPENSATION........................................................................................................................ 24 SECTION 14 - FORCE MAJEURE........................................................................................................................ 28 SECTION 15 - OTHER PROVISIONS ................................................................................................................... 29 SECTION 16 - SEVERABILITY ............................................................................................................................ 31 SECTION 17 - ENTIRE AGREEMENT; AMENDMENT ........................................................................................... 32 SECTION 18 - CONSTRUCTION OF AGREEMENT................................................................................................ 32 EXHIBIT A - PROVIDED SERVICES..................................................................................................................... 34 EXHIBIT B - SB-1383 COMPLIANCE PROGRAMS................................................................................................ 37 EXHIBIT C - DEFINITIONS................................................................................................................................. 41 EXHIBIT D - FEE SCHEDULE.............................................................................................................................. 48 EXHIBIT E – STREET SWEEPING........................................................................................................................ 50 January 25, 2024 Pg. 53
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 25, 2024 Pg. 54
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 continue 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, the Contractor has expressed a need for a longer than usual term for this Agreement in order to obtain more favorable financing terms for the acquisition of equipment and facilities needed to implement SB-1383 requirements and services, and in order for the City to continue to benefit from solid waste collection services overseen by the Contractor’s existing leadership the City is amenable to accommodating such one-time request for this Agreement;
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.

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3 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 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.

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4 (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 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, and 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.

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5 (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 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.

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6 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 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.

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7 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, 2025, and on each July 1 anniversary date thereafter, the term of this Agreement will be extended automatically for one (1) additional year, so as to have a rolling term of ten (10) years.

Should either party desire that said automatic renewal and extension provision be terminated, such party shall give the other written notice of nonrenewal between January 1 and June 30 in any year, but not before the year 2025. 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.

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.

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7 SECTION 4 – TERM AND TERMINATION
The initial term of this Agreement shall be twelve (12) years commencing at 12:00 a.m. on February 1, 2024 and expire at 12:00 a.m. on January 31, 2036. Thereafter, beginning on February 1, 2029, and on each February 1 anniversary date thereafter, the term of this Agreement will be extended automatically for one (1) additional year, so as to have a rolling term of seven (7) years. Should either party desire that said automatic renewal and extension provision be terminated, such party shall give the other written notice of nonrenewal between January 1 and June 30 in any year, but not before the year 2029.

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.

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

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8 (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 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
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9 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
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, January 25, 2024 Pg. 63
10 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
(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.

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

SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE

MATERIALS
Except as otherwise provided by applicable laws, ownership of Solid Waste shall transfer to Contractor at such time as the Solid Waste is discarded by the Solid Waste Handling 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.

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

Hazardous Waste Indemnification
Without limiting the generality of the foregoing, if Contractor is alleged to have, or determined to have, or not disputed allegations that it has negligently or willfully acted or failed to act with respect to the collection, handling or transportation of Hazardous Waste, 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.

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13 B. Insurance Requirements
Insurance Requirements
(1) Commercial General Liability
i. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.
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
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14 i. Each insurance policy required by the Agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium.
ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.

The Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher. 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 only 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 January 25, 2024 Pg. 68
15 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 Manager or designee 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:

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16 i. Refer the matter directly to the City Council for decision pursuant to subsection (4) of this Section 10–A; or
ii. Decide the matter and notify the Contractor of that decision, in writing.  The decision of the City Manager may be to terminate the Agreement or may be to impose some lesser sanction;
 The decision of the City Manager shall be final and binding on Contractor unless the Contractor files a "Notice of Appeal" with the City Manager within fifteen (15) calendar days after receipt of the City Manager’s decision. The Notice of Appeal shall be in writing, shall contain a detailed and precise statement of the basis for the appeal.  Within fourteen (14) working days of receipt of a Notice of Appeal, the City Manager shall refer the appeal to the City Council for proceedings in accordance with subsection (4) of this Section 10–A. (3) Should the City Manager refer the Notice of Deficiency to the City Council in the first instance, or if the matter reaches the City Council pursuant to a Notice of 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 January 25, 2024 Pg. 70
17 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 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:

January 25, 2024 Pg. 71
18 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 any of its obligations under this Agreement, or future amendment to this Agreement, and: (1) if the failure or refusal of Contractor to perform as required by Section 6(F) of this Agreement is not cured within seven (7) calendar days after receiving notice from the City specifying the breach; or (2) in the case of any other breach of the Agreement, the breach continues for more than thirty (30) calendar days after written notice from the City for the correction thereof, provided, however, that where such breach cannot be cured within such thirty (30) day period, Contractor shall not be in default of this Agreement if Contractor shall have commenced such action required to cure the particular breach within ten (10) calendar days after such notice, and Contractor continues such performance diligently and with continuity until completed;
ii. Contractor has made any representation or disclosure to the City in connection with or as an inducement to entering into this Agreement or any 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;
January 25, 2024 Pg. 72
19 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.
(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 January 25, 2024 Pg. 73
20 of Customer complaint, the name, address and telephone number of Customer, the nature of the complaint or request, and the date when and nature of the action taken by the Contractor to resolve the complaint. All such records shall be maintained for at least three (3) years after Contractor's receipt of the complaint or inquiry and shall be available for inspection by City during all business hours. Service complaints shall be responsibility of Contractor whether received by City and forwarded to Contractor, or received directly by Contractor.
(2) If the Contractor fails to cure a complaint, the City Manager or designee shall review the complaint and determine if further action is warranted. The City Manager or designee may request written statements from the Contractor and Customer, or oral presentations or both written and oral presentations.
(3) The City Manager or designee shall determine if the Customer's complaint is justified, and if so, what remedy, if any, shall be applied. The remedy provided to the Customer under this Section shall be limited to a refund of Customer charges related to the period of violation of any of the terms of 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, pass to or vest in any Person other than the January 25, 2024 Pg. 74
21 Contractor (collectively referred to herein as "transfer"), either by act of the Contractor or by operation of law, without the prior written consent of the governing body 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 or other transfer, unless the same has been consented to, in writing, by the City prior to the effective date thereof.
(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.

If the Contractor requests that the City consider and consent to a transfer or a Change in Ownership of Contractor, the proposed transferee must 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;
January 25, 2024 Pg. 75
22  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 regulations or permit requirements, including any such failure which 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 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.
(4) Contractor must timely disclose in writing to the City each and all anticipated transfers no less than twenty (20) working days before they become effective, and must in writing disclose each and all completed transfer no later than ten (10) working days after their effective date.
(5) Notwithstanding any provision in this Agreement to the contrary, and unless otherwise approved in a separate writing between the City and Contractor, as a January 25, 2024 Pg. 76
23 condition precedent to the City’s consent to any transfer under this Section 11, the parties agree that immediately upon any such transfer, the term under Section 4 of this Agreement shall be deemed to be fixed and shall expire at the end of the day on June 30, 2034.

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; and
(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 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.

January 25, 2024 Pg. 77
24 (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. (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, January 25, 2024 Pg. 78
25 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 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 and, notwithstanding any provision in this Agreement to the contrary, any such adjustment shall not be collectable by Contractor until after the City has had a reasonable opportunity to commence and complete Proposition 218 rate proceedings.
(1) Annual Cost of Living Adjustment (COLA)
January 25, 2024 Pg. 79
26 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 and unforeseen extraordinary events which, although they do not prevent either party from performing, and thus do not implicate the Force Majeure provisions hereof, nevertheless are not within the reasonable control of either of the parties and such event(s) 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 unforeseen event or circumstance other than a Change in Law or Change in Service Level which is beyond the reasonable control of Contractor. In the event of such an application for an extraordinary Fee increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable satisfaction of City the basis for the extraordinary increased cost. (3) Change in Scope Level Adjustment
i. The Fee Schedule shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or 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 January 25, 2024 Pg. 80
27 change operations which results from the change in service, but, absent the consent of the Manager, not sooner than the effective date of the change in service. In no event shall any Change in Scope Adjustment be effective prior to the City's approval of an amendment to the Agreement. ii. In the event that the City Manager and the Contractor claiming to be affected by the change in scope cannot agree on either the existence, or the effect on demonstrable costs, of a change in service level, the dispute resolution provisions of Section 13–C (1) shall apply.
(4) Change in Law Adjustments
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the manner or nature of conducting Solid Waste Handling services necessitated by a Change in Law. A Change in Law Adjustment shall be effective on and after the actual date of the change in operations which resulted from the Change in Law, but, absent the consent of the Manager, not sooner than the effective date of the Change in Law. In no event shall any Change in Law Adjustment be effective prior to the City's approval of an amendment to the Agreement.
ii. In the event that the City Manager and the Contractor claiming to be affected by the Change in Law cannot agree on either the existence, or the effect on demonstrable costs, of a Change in Law, the dispute resolution provisions of Section 13–C (1) shall apply.

C. Dispute Resolution Regarding Adjustment to Fees
(1) Any dispute regarding any Change in Service Level Adjustment or Change in Law Adjustment provided for in Section 13 above, which cannot be resolved between the Contractor and City within thirty (30) days of the receipt by City of such documents as City may reasonably request, shall be submitted to a mutually agreed upon and wholly neutral 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 expert must under penalty of perjury and disclose to the parties in writing each and all actual and potential conflicts of interest. 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 January 25, 2024 Pg. 81
28 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 a qualified expert chosen by the court. The City and Contractor shall each have the right to suggest two qualified 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, otherwise it is deemed waived. 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
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 January 25, 2024 Pg. 82
29 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 Notwithstanding any provision in this Agreement to the contrary, in this Agreement, a force majeure event as to City shall include, without limitation, any event 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 or customers submit a protest to new proposed rates to be charged, 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.

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
January 25, 2024 Pg. 83
30 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:
______________________
______________________
______________________
Either party may from time to time change or otherwise update the information above by providing written 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 email or facsimile transmission shall not be effective unless the original or a hardcopy of the document being served is deposited in the United States mail, postage prepaid, within twenty-four (24) hours after the facsimile January 25, 2024 Pg. 84
31 transmission has been confirmed. Emails shall be deemed effective upon confirmation of receipt.

E. Exhibits Incorporated
Recitals and 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.

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 January 25, 2024 Pg. 85
32 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.
[SIGNATURES ON NEXT PAGE]
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January 25, 2024 Pg. 86
33 CONTRACTOR:

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

MID-VALLEY DISPOSAL, LLC
__________________________________
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 25, 2024 Pg. 87
34 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/or 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 25, 2024 Pg. 88
35 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 25, 2024 Pg. 89
36 (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 25, 2024 Pg. 90
37 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 25, 2024 Pg. 91
38 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 25, 2024 Pg. 92
39 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 25, 2024 Pg. 93
40 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 25, 2024 Pg. 94
41 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 25, 2024 Pg. 95
42 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 (in the aggregate) of the total 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) 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.
(3) 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.

I. CONSUMER PRICE INDEX. “Consumer Price Index” or “CPI” means the Consumer Price Index, All Items, Not Seasonally Adjusted, San FranciscoJanuary 25, 2024 Pg. 96 43 Oakland-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 SingleFamily or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and January 25, 2024 Pg. 97
44 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 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," January 25, 2024 Pg. 98
45 "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 25, 2024 Pg. 99
46 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).
(3) Solid Waste does not include petroleum or a petroleum product or fraction thereof at reasonably detectable levels, asbestos and, with respect to a January 25, 2024 Pg. 100
47 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 25, 2024 Pg. 101
48 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

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49 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 25, 2024 Pg. 103
50 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 25, 2024 Pg. 104
51 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.

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 January 25, 2024 Pg. 105
52 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 25, 2024 Pg. 106
53 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 25, 2024 Pg. 107

BEFORE THE CITY COUNCIL OF THE CITY OF A VENAL
IN THE MATTER OF:

A RESOLUTION OF THE CITY AUTHORIZING ENTRY INTO SOLID

WASTE COLLECTION AGREEMENT
RESOLUTION 2024- 02
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)(l) 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-13 83 to Contractor; and 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 24, 2024, by the following vote:

UPON MOTION OF COUNCIL MEMBER RAMIREZ SECONDED BY

COUNCIL MEMBER GRAVELLE THE FOLLOWING WAS PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL AT AN OFFICIAL SPECIAL MEETING HELD ON January 24, 2024, BY THE FOLLOWING VOTE:

A YES: RAMIREZ, GRAVELLE, VERDUGO, HERNANDEZ, PRECIADO.

NOES: NONE.

ABSTAIN: NONE.

ABSENT: NONE.
~~@'5
Alvaro Preciado, Mayor
ATTEST:

CITY OF A VENAL
NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL:

I. 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 I, 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.

City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Fax: (559) 386-0629
AGENDA ITEM NO. 10. A
TO: The Honorable Mayor and City Council
FROM: Anna Lara-Nieto, Senior Recreation Leader
CC: Antony V. López, City Manager
DATE: January 25, 2024
RE: Consider Approval of Stationary Food Vending Application and related fees
INFORMATION:

Over the past several months, Staff received inquiries from several Mobile Food trucks expressing interest in conducting operations within the city on both weekdays and weekends.

In response to these requests, Staff conducted research to see how these food trucks work in the rest of the Valley. Staff has discussed the feasibility and rules surrounding Stationary Food Vending. Research revealed that neighboring cities have successfully implemented programs allowing for such vending through a structured process involving applications, permits, and payment.

Enclosed with this report, you will find proposed application form and accompanying guidelines detailing the procedure for facilitating Stationary Food Vending. The proposed location for this activity is Rice Park, specifically along the road/median leading to the Recreation Center.

It is Staff's belief that permitting Stationary Food Vending will yield positive community engagement outcomes. This initiative aligns with the established practices of neighboring municipalities and presents an opportunity for local residents and visitors to access a diverse array of food offerings. Staff hopes to continue attracting more food truck vendors, and invite them to future events or create new events surrounding food trucks.

In the future, this item may need to be adopted into the municipal code and/or zoning ordinance for conformity.

RECOMMENDATION:

Approve by motion Resolution 2024-06 as presented.

January 25, 2024 Pg. 110
1 of 2

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF AVENAL,

CALIFORNIA, AUTHORIZING THE

IMPLEMENTATION OF STATIONARY

FOOD VENDING AND APPROVING

ASSOCIATED APPLICATION AND FEES
RESOLUTION 2024-__06__
WHEREAS, the City Council of Avenal recognizes the economic and community engagement benefits of introducing Stationary Food Vending within the city limits; and WHEREAS, inquiries from Mobile Food trucks expressing interest in conducting operations within the city were received by the City Staff, prompting a thorough research effort into the feasibility and regulatory requirements of Stationary Food Vending; and WHEREAS, the research findings indicate that neighboring cities have successfully implemented programs allowing for Stationary Food Vending through a structured process involving applications, permits, and payment.

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 25, 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. APPROVAL OF STATIONARY FOOD VENDING: The City Council hereby authorizes the implementation of Stationary Food Vending within the city limits, in accordance with the guidelines outlined in the attached Stationary Food Vending Application and related documents in Attachment A.

January 25, 2024 Pg. 111
2 of 2

3. APPROVAL OF APPLICATION AND FEES: The City Council approves the Stationary Food Vending Application and associated fees, as detailed in the attached documents. The proposed location for this activity is Rice Park, specifically along the road/median leading to the Recreation Center as shown in the attached map.

4. EFFECTIVE DATE: This resolution shall take effect immediately upon adoption.

5. Ordered that relevant City Staff work to amend corresponding portions of the Municipal Code and/or Zoning Ordinance to recognize Stationary Food Vending.

6. 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.
* * * * * * * * * * * * * * * * * *
20200916 - Avenal - Resolution Appointing City Attorney-v1.doc January 25, 2024 Pg. 112
City of Avenal
919 Skyline Blvd.

Avenal, CA 93204
Phone: (559) 386-5766
Vending Vehicle Permit
(Stationary – Rice Park)
CommuniƟes AcƟviƟes Department
919 Skyline Blvd
Avenal Ca, 93204
[email protected] or [email protected]
Anna @559-836-3457 or Sheila @ 559-908-3794
All mobile vendors shall obtain a permit, the City of Avenal Business License, and have a Kings County health permit.

All permit required shall be always displayed conspicuously on the vehicle, stand, or cart, as applicable.

Type (select) DescripƟon License Fee
Food Sale of food items direct to the consumer by vehicle $100 – Admin Fee
$250 -License Fee
$100- Per Vehicle
$25- Per Person (live scan
fee, if needed)
$4- State Fee
Total= $479.00
1 vehicle
Valid for duraƟon of
Business License
Dessert /Baked Goods
Sale of bakery goods products direct to the consumer by vehicle
Other Sale of goods direct to the consumer by vehicle
APPLICANT/BUSINESS INFORMATION:

PREFERRED COMMUNICATION METHOD (CHECK ONE)

RESIDENCE ADDRESS BUSINESS ADDRESS EMAIL ADDRESS TEXT MESSAGE Vendor’s Name:

Vendor’s
Residence Address:

Length of residence at
this address:

Business Address
(if different):

Email Address: Phone Number:

Social Security # or
Tax IdenƟficaƟon #
__ __ __ - __ __ - __ __ __ __
Social Security Number
ConfidenƟal
__ __ - __ __ __ __ __ __ __
Tax IdenƟficaƟon Number
ConfidenƟal
AƩach Copies:

Driver’s License or IdenƟficaƟon
Seller’s Permit – CA. Dept. of Tax and Fee AdministraƟon Food Vending Health Permit (Kings County)
Office Use Only:

ApplicaƟons Received?
Driver’s License/I.D.

Seller’s Permit
Food Vending Health
Permit
Office Use Only:
1 Weekday - $25.00
1 day Weekend - $35.00
Unlimited Weekday- Monthly – $100.00
Unlimited Weekend- Monthly– $110.00
Comm. Act. Dept.

Approved: by _______ on: ______
January 25, 2024 Pg. 113
If selling commodiƟes appealing to children, such as ice cream, snow cones, toys, fingerprints/livescan backgrounds check shall be completed.

Office Use Only:

Fingerprints/ Background
Check Required? Y/N ______
General CondiƟons of Approval – Applying to All Vendors

1. Vendors shall maintain a valid Driver’s License

2. Vendors shall maintain a valid California Department of Tax and Fee AdministraƟon seller’s permit, as required.

3. Vendors shall maintain a copy of a valid food vending permit, issued by the Kings County department of public health.

4. Vendors will need to have an annual inspecƟon with the City of Avenal Code Enforcement Officer. City Code Enforcement Officer will contact vendors to setup an appointment Ɵme.

5. AƩach a menu list and prices.

6. Vendors shall not operate in yellow commercial loading/unloading zones or white passenger loading zones.

7. Signage on the cart/vending vehicle is permiƩed. A-frame signage and/or similar signs shall be prohibited.

8. The vendor shall completely remove all equipment and other materials, including waste materials, from the site upon the conclusion of the vending acƟviƟes, excepƟng such interior storage of equipment or materials, as may be allowed on the site with the permission of the owner or operator of the site.

9. Vendors shall pick up, remove, and dispose of all garbage, and/or materials dispensed from the vending vehicle/cart and any residue deposited on the ground from the operaƟon thereof, and otherwise maintain in a clean and debris-free condiƟon the enƟre area within a twenty-five (25) foot radius of the locaƟon where mobile food vending is occurring.

10. Vending shall not be permiƩed directly to persons in other vehicles or from other than the curbside of the vending vehicle when the vehicle is parked.

11. Vendors shall not use city uƟlity connecƟons, including water and electric, without prior wriƩen approval from the city.

12. Vendors shall control smoke and odors caused by food preparaƟon to avoid a public nuisance.

13. Vending shall be prohibited during the hours of 11pm to 7am.

14. Once vendor vehicles have been parked in food sale locaƟon, vendor will need to either place City barricade’s closing the road or pickup/close with chain link rope and take down at end of each night.

15. Failure to comply with General CondiƟons of Approval may result in cancelaƟon of License to sale at locaƟon.

ARE YOU THE BUSINESS OWNER? YES NO If you answered NO, complete the informaƟon below:

Employer Name:

Employer/Business
Address:

Approximate length of
employment:

Business Phone #:

Business Email:

Applicant Signature:
___________________________________________ Date: ________________ January 25, 2024 Pg. 114
January 25, 2024 Pg. 115
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 25, 2024
RE: Consider Approving a Professional Services Agreement with Collins & Schoettler Planning Consultants for City Planning Services INFORMATION:

The City has experienced an increased demand for comprehensive city planning services in recent months, necessitating the recruitment of a skilled professional to assume the responsibilities of City Planner – particularly after the departure of the Community & Economic Development Director. After careful consideration and evaluation of potential consulting firms, Collins & Schoettler Planning Consultants emerged as a highly qualified and reputable option, due to their experience working in similar small rural communities like Avenal.

Collins & Schoettler Planning Consultants bring a wealth of experience and expertise in urban planning, having successfully executed similar roles in various municipalities such as: Exeter, Sanger, Farmerville, Firebaugh, and Huron. Their team is equipped to handle the complexities of our city's planning needs, ensuring efficient and effective implementation of development strategies.

SCOPE OF WORK:

The proposed scope of work includes comprehensive urban planning services, zoning analysis, land use planning, permitting services, running Planning Commission meetings and reviewing business licenses. Collins & Schoettler Planning Consultants will work closely with city staff to align their efforts with the City’s vision and goals. Collins & Schoettler would be available on demand and could on occasion have office hours in Avenal as well.

The proposed contract with Collins & Schoettler Planning Consultants includes a oneyear term, with compensation outlined at $125 per hour in the attached statement of qualifications. The cost of engaging this consulting firm is within the budget for the Community Development Department, for up to 887 hours in lieu of hiring a full-time Community & Economic Development Director.

RECOMMENDATION:

It is recommended that the City Council approve the hiring of Collins & Schoettler Planning Consultants to serve as the City Planner for the City of Avenal. Their expertise and proven track record make them a valuable asset in advancing the city's planning initiatives given many ongoing projects.

January 25, 2024 Pg. 116
City of Avenal
919 Skyline Blvd.

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

The financial impact associated with this contract is within the approved budget for the Community Development Director position. Funding for this engagement will be sourced from the Community Development Department budget.

RECOMMENDATION:

Approve by motion, Resolution 2024-06, authorizing the City Manager to sign a Professional Services Agreement with Collins & Schoettler Planning Consultants.

ATTACHMENTS:
- Collins & Schoettler Statement of Qualifications
- Collins & Schoettler Planning Consultants Agreement
January 25, 2024 Pg. 117
1 of 1

BEFORE THE CITY COUNCIL OF THE

CITY OF AVENAL
IN THE MATTER OF:

RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF AVENAL,

CALIFORNIA, AN AGREEMENT WITH

COLLINS & SCHOETTLER PLANNING

CONSULTANTS FOR THE ON-CALL

CITY PLANNING SERVICES
RESOLUTION 2024-__07__
WHEREAS, the City Council of the City of Avenal recognizes the increasing need for comprehensive urban planning services; and; and WHEREAS, Collins & Schoettler Planning Consultants have been identified as a highly qualified and reputable firm capable of fulfilling the responsibilities of the City Planner role; and
WHEREAS, the engagement of Collins & Schoettler Planning Consultants aligns with the city's vision and goals for sustainable and effective urban development.

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 25, 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 hereby authorize the City Manager to execute an agreement between the City of Avenal and Collins & Schoettler Planning Consultants for oncall City Planning Services for the City of Avenal.

3. Funding for this engagement shall be sourced from the Planning Department budget, and the associated costs are within the approved budgetary limits.

4. Ordered relevant City staff to carry out the terms and conditions of this resolution and to take all steps reasonably necessary, proper and/or convenient and/or incidental thereto.
* * * * * * * * * * * * * * * * * *
January 25, 2024 Pg. 118
Statement of Qualifications
Collins & Schoettler

P L A N N I N G C O N S U L T A N T S
- Contract Planning
- General Plans
- Specific Plans and Master Plans
- Zoning Ordinances
- Environmental Analysis
- Design Guidelines
- Project Review and Design
- Visioning and Education
- Smart Growth implementation
- Services for cities, counties,
school districts, special districts
January 25, 2024 Pg. 119
Statement of Qualifications and
Proposal for Services
Collins & Schoettler

P L A N N I N G C O N S U L T A N T S
1002 W. Main Street • Visalia, CA • 93291
(559) 734-8737 • fax: 734-8767
www.weplancities.com
January 25, 2024 Pg. 120
Collins & Schoettler
Firm Profile
-1-

TABLE OF CONTENTS
Cover Letter .........................................................................................................................a Statement of Qualifications.................................................................................................2 Services..................................................................................................................................3 Contract Planning Services........................................................................................3 General and Specific Plans ........................................................................................4 User-Friendly Zoning Ordinances .............................................................................4 Urban Design Guidelines...........................................................................................5 Environmental Analysis.............................................................................................5 Municipal Website Design.........................................................................................6 User-Friendly planning brochures, handouts and application forms.........................6 Grant Writing.............................................................................................................7 Educational planning workshops...............................................................................8 Resumes ................................................................................................................................9 Karl Schoettler ...........................................................................................................9 Greg Collins...............................................................................................................11 Tristan Suire...............................................................................................................13 Brianna Englert ..........................................................................................................14 Clients and Related Projects...............................................................................................14 Administrative......................................................................................................................19 January 25, 2024 Pg. 121
Collins & Schoettler
____________________________________________________________Firm Profile -2-

RESUMES AND QUALIFICATIONS
Collins & Schoettler provides
professional services in the fields of city and
regional planning, environmental assessment,
and contract planning services. Associated
professional services include civil engineering,
architecture, biological assessment and traffic
studies.

Collins & Schoettler has served
public agencies in the central San Joaquin
Valley since 1981. The principal of the firm is Karl Schoettler, who joined the firm in 1991 and who has worked for numerous agencies in the San Joaquin Valley, and has prepared or been involved in the preparation of general plans, specific plans, zoning ordinances, environmental assessments and numerous project reviews and staff reports for projects in various communities.

Among other awards, Mr. Schoettler wrote the 2025 General Plan for the City of Farmersville that won the first place national planning award from the American Planning Association – the only such award for any city in the San Joaquin Valley.

Greg Collins founded Collins & Schoettler in 1982 and has over 35 years of planning experience. For over 25 of these years, Mr. Collins served on the Visalia City Council where he gained valuable experience in the field of municipal affairs, including redevelopment, municipal finance, infrastructure planning and urban design.

The strength of Collins & Schoettler lies in three primary areas.

Contract planning services - For small cities who can not afford a full-time planner and for larger cities and counties who require "one-time" or ongoing planning assistance, C&S provides in-house professional planning services. This service is all-inclusive in that it includes processing of planning permits, presentations before the Planning Commission and City Council or Board of Supervisors, preparation of resolutions and ordinances, environmental review and other administrative duties associated with a planning department.

Creating effective public planning policies - All cities and counties require planning policies and documents that provide for the long-term physical development of each jurisdiction. These planning documents include general plans, specific plans and zoning ordinances. When preparing these documents, the objective of C&S is to fashion a document that is "user friendly" - concise and clear language; containing numerous illustrations, maps, and flow diagrams; and encompasses a readable format.

January 25, 2024 Pg. 122
Collins & Schoettler
____________________________________________________________Firm Profile -3-
Local experience - Collins & Schoettler has an extensive understanding of Valley affairs. In particular, we have worked with numerous local agencies and have helped to craft innovative solutions to pressing issues facing valley communities, including urban design, land use planning, circulation, economic development, affordable housing, impacts to agricultural lands, air quality, and water resources among others.

SERVICES
Collins & Schoettler provides a variety of planning services, including:

Contract Planning services
Numerous cities in the San Joaquin Valley have
contracted with Collins & Schoettler to provide inhouse planning services. This approach is cost effective in that the city only pays for the time actually expended by Collins & Schoettler. Generally, the planning fees
collected by the city pay for the cost of Collins &
Schoettler to process the planning applications. Since
1982, C&S has provided affordable and reliable
contract planning services to ten cities.

From time to time, cities and counties experience
situations where there is a need to "fast track" a project or process a back log of projects in order to meet certain legal time limits. Processing of these projects by Collins & Schoettler encompasses field studies and research;
preparation of staff report, resolutions, and ordinances; and presentations before the decisionmakers of the jurisdiction. Give us a call for your contract planning needs - we're ready to jump right in!
January 25, 2024 Pg. 123
Collins & Schoettler
____________________________________________________________Firm Profile -4-
General and Specific Plans
Effective planning policies can make the difference
between a community that is barely "getting by" and a
vibrant, energetic city charging towards the future. Collins & Schoettler should be your choice when searching for a consultant to prepare your community's General or Specific plan. We have a wealth of real-world experience with
policies and programs that work.

We strongly encourage community participation in the
formulation of plans - our experience shows that a plan prepared with citizen input will stand the test of time and enjoy broad community support. General and specific
plans that are written in easily understood language,
contain reasonable policies and implementation strategies, and are prepared so that early public involvement is
encouraged, are more likely to be accepted by the
community and adopted by the decision-makers. This
approach will reduce the potential for legal challenges and also the number of times the plan is amended in the future.

User-Friendly Zoning Ordinances
Collins & Schoettler prepares zoning ordinances that are "user-friendly". To accomplish this objective, each zoning ordinance is formatted, written and illustrated so that it is easy to understand and use. Techniques used include the use of over-sized type, flow-diagrams and numerous illustrations.

Collins & Schoettler has also developed an innovative
Zoning Brochure system. This system converts the zoning ordinance into brochures that are used at the public counter.

Collins & Schoettler can design your community a new
zoning code to incorporate smart-growth techniques. Front porches, recessed parking, and pedestrian-oriented
development are but a few of the features that can be
incorporated into your new zoning ordinance.
2030 Firebaugh
General Plan
Our Firebaugh General Plan won an
award from the local chapter of the
American Planning Association
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Urban Design Guidelines
As many communities increasingly seem to look more
and more alike, the tool of urban design is becoming more timely. Many cities are wondering what they can do to
make new development "fit in" and strengthen community
identity. Collins & Schoettler can tailor an urban design plan to ensure new development will respect architectural styles and materials that are traditional to your town and the region.

An important part of the urban design process is public education. Many people know what "looks and feels
good" but very few can articulate those feelings. Through public workshops, Collins & Schoettler can educate your elected and appointed officials, staff and the general
public about the nuts and bolts of urban design.

We can help you to discover and define your
community's design vocabulary and formulate new design standards that will produce a landscape that respects local identity while building the local economy.

Environmental Analysis
Collins & Schoettler prides itself on preparing environmental documents that can be used as planning tools. The mitigation measures contained in our reports can be used as effective conditions of approval and the project alternatives as different development options, ones that will have less of an impact on the neighborhood, community and environment.

Our environmental documents are written and formatted for ease of use and readability, particularly for members of the community not accustomed to reading planning documents.

Where appropriate, we include charts and graphics to illustrate concepts. If your community is faced with the need to prepare a large project environmental analysis or you need assistance with day-to-day CEQA compliance, give us a call.

January 25, 2024 Pg. 125
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Municipal web site design
Few people can argue that the internet has been one of the most revolutionary changes in the way we do business. The time is fast approaching when having a website will be a necessity, rather than a luxury. Many cities, counties, school districts and other agencies are aware of the benefits of establishing and maintaining a well-designed website.

A municipal website can deliver volumes of information to citizens in a way that has never been available before, in any realistic or meaningful way. Municipal websites can relay a tremendous amount of information about local governments - from posting of agendas and minutes, to municipal codes, planning documents and financial reports - the possibilities are limitless.

Collins and Schoettler should be your choice to design, maintain and update your municipal website. Our associated web design firm Dig Marketing has a wealth of common sense knowhow in the fast-changing internet environment. We urge you to give us a call to discuss your community's website possibilities. Without doubt, a municipal website will be one of the biggest advancements your community will ever make in public relations. The result will be a stronger bond of understanding between the community and their local goverment.

User-friendly planning brochures, handouts and application forms Collins & Schoettler can tailor a planning department public information program suited to your city's needs - at a price that will fit your budget. Well- designed handout materials can help reduce staff time commitments at the public counter as well as helping to communicate difficultto-explain zoning standards more easily. These materials can also be placed on the City’s website for even greater reach to the general public.

Collins & Schoettler can design effective zoning ordinance brochures for the following topics:
- Single family residential zones
- Parking standards
- Multiple family residential zones
- Sign Ordinance standards
- Commercial zones
- Landscaping standards
- Industrial zones
- Fencing standards
- Mobile home standards
Think about it. The most
important impression
people take away from
your department is often
the assistance they get
during their first contact
with the front counter.

January 25, 2024 Pg. 126
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Permitting processes:
- Site Plan Review
- Conditional Use Permits
- Subdivision process
- Variances
- Environmental review
- General Plan Amendments
- Zone Changes
- Any other subjects you desire!
We can also revise and update your department's application forms and related materials with designs that are easy for applicants to follow.

Think about it. The most important impression people take away from your department is often the assistance they get during their first contact with the front counter. Collins & Schoettler can help improve communications between the planning department and the public. The final result will be a stronger bond of understanding between applicant and staff.

Grant writing
Cities today are faced with increasing demands for service while encountering decreased revenues. While the number of state and federal grants have increased, most communities have neither the staff nor the time to prepare grant applications.

If you are certain your community could make use of grant funds, but you simply don't have the time to dig through an inch-thick grant manual, call Collins & Schoettler. We will meet with you, discuss your needs, chart a course of action and begin work. We're sure you'll agree that Collins and Schoettler is the right choice to address your community's grant application needs.

January 25, 2024 Pg. 127
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Educational planning workshops
It is the nature of cities to experience frequent turnover in elected and appointed officials.

Particularly in smaller communities, councilmembers and commissioners may come to the table with very little experience in city planning.

To address this situation, Collins & Schoettler is available to conduct training seminars on various aspects of planning, including community design, zoning regulations, general plan analysis, and public hearing proceedings.

Our experience shows that getting individuals out into the field and seeing how other communities approach various planning issues is one of the most effectivive educational techniques. We are available to conduct one-day bus tours throughout Central California.

Participants on one of our planning bus tours view examples of smartgrowth designs.

We are available to
conduct one-day bus tours
of exciting and inspiring
projects, downtowns and
neighborhoods in cities
throughout Central
California. These tours
are highly motivational
for Planning
Commissions, City
Councils, staff and others
involved in the
development process.

January 25, 2024 Pg. 128
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RESUMES
Karl Schoettler, Principal, Collins & Schoettler
Mr. Schoettler is the Principal of Collins & Schoettler. He joined the firm in 1991 after working as a Planner for the City of Atascadero, near the Central California coast. Collins & Schoettler is a small, award-winning city planning firm based in Visalia, with an emphasis on quality over quantity. The company is known for advocating welldesigned, environmentally responsible and pedestrian-oriented development in the cities that it serves.

Currently Mr. Schoettler serves as the contract City Planner for several valley communities, including Dinuba, Farmersville, and Firebaugh. He also provides assistant planning services to Exeter, Sanger and Orange Cove.

At Collins and Schoettler he has prepared numerous planning documents, including General Plans and elements, design guidelines, environmental studies, community and specific plans and zoning ordinances, among others.

Mr. Schoettler recently completed planning studies for over a dozen cities in Tulare, Kings and Kern Counties related to the San Joaquin Valley Blueprint. These studies contain recommendations these cities can undertake to implement policies of the Blueprint, such as standards to promote walkable neighborhoods, design guidelines, mixed use development strategies and zoning ordinance updates, among others.

Prior to that, Mr. Schoettler completed the General Plan update for the City of Farmersville. After winning local and state planning awards, the Farmersville General Plan was recognized in Washington DC with the first place national planning award – the first time any City in the San Joaquin Valley received such a high honor.

Currently Mr. Schoettler is preparing comprehensive updates of the Zoning Ordinances for the cities of Dinuba and Farmersville. These codes will reflect the latest philosophy in zoning and design practice, including elements of form based zoning (to create pedestrian-friendly neighborhoods) and user-friendly zoning standards (including generous use of illustrations and flow charts).

Education
B.A. Geography (Environmental studies emphasis) California State University, Fresno. Core program completed in masters program of city planning, City and Regional Planning Program, California State University, Fresno.

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Awards (Karl Schoettler)
APA National Award, California and Central Cal chapter – 2025 Farmersville General Plan APA Central California Chapter – 2030 Firebaugh General Plan APA Central California Chapter – Sanger Design Guidelines APA Central Section - Reedley Specific Plan
Local Government Commission Ahwahnee Award - Reedley Specific Plan APA Central California Section - Special Award for Zoning Brochure project.

The 2025 Farmersville General Plan, authored by Mr.

Schoettler, won the first-place national planning award from the American Planning Association – the first and
only such award for any city in the San Joaquin Valley.

Farmersville
General Plan
Update
• Land Use Element
• Circulation Element
• Open Space, Conservation,
Parks and Recreation Element
Prepared by

COLLINS & SCHOETTLER

P L A N N I N G C O N S U L T A N T S
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Greg Collins, Partner
Mr. Collins is a partner in the consulting firm of Collins & Schoettler.

This 40-year old public sector planning firm provides a full range of planning services to cities and counties in the San Joaquin Valley.

Greg Collins has over 35 years of experience in the planning field and over 25 years of experience in local government. As a former public sector planner for Tulare County, Mr. Collins' positions ranged from environmental coordinator to project planner for two major land use plans:
the Rural Valley Lands Plan and the Foothill Growth Management Plan.

Both of these plans won national planning awards from the National Association of Counties. While with Tulare County, Mr. Collins was also responsible for preparing numerous environmental impact reports for various projects, including general plan elements, subdivisions, and commercial developments.

As a planning consultant, Mr. Collins has prepared planning reports, environmental impact reports, specific plans, general plan elements and zoning ordinances for cities and counties primarily within the San Joaquin Valley. Mr. Collins has also furnished contract planning services to small cities. Serving as the city planner, responsibilities have ranged from permit processing and ordinance interpretation to the more complex tasks of preparing general plan elements and environmental impact reports and reviewing site plans.

Mr. Collins served on the Visalia City Council and Visalia Redevelopment Agency from 1975 to 1991, presiding over the City of Visalia as it gained a reputation for innovative and progressive planning policies; from 1987 to 1991 he served as mayor and chairman of the Visalia Redevelopment Agency.

After a fifteen year hiatus, Mr. Collins was elected again to the Visalia City Council in 2005, then concluded his Council career in 2022. Because of his planning background, he has chaired or served on committees dealing with land use, housing, redevelopment and circulation.

Education
Mr. Collins has a Bachelor of Science in Biology from the University of California at Santa Barbara and a Masters Degree in City and Regional Planning from California State University, Fresno. Mr. Collins also holds a limited service community college teaching credential in the field of ecology. He has also taught classes in the field of planning for the U.C. Extension program.

Awards
1988 Distinguished Leadership Award, California Chapter APA 1995 Special Recognition Award, Central California Chapter, APA – Kerman General Plan and EIR 2005 Comprehensive Planning Award, Central California Chapter APA – Southwest Exeter Specific Plan
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Tristan Suire, Associate
Mr. Suire joined Collins & Schoettler in 2021 and is critical in the firm’s daily activities. He is currently assigned as a consulting planner to the cities of Sanger, Exeter, and Orange Cove. In Sanger he was instrumental in the City’s successful annexation of a 300-acre area on the north side of the community. This land will allow the City to finally connect to State Highway 180 and provide for significant commercial and residential development.

As the primary planner for the City of Exeter Mr. Suire guides the city’s day to day planning activities. He has processed a number of projects including annexations and subdivision maps, infill development projects, and zoning ordinance amendments. These projects include local ordinance review, California Environmental Quality Act (CEQA) compliance review, public hearing notices, staff reports and presentations to the Planning Commission and City Council.

In Orange Cove Mr. Suire has processed several major residential developments and has worked closely with HCD and the City in complying with action plans of the city’s Housing Element. Currently Mr.

Suire has been reviewing a submission of a tentative subdivision map, as well as assisting in the review of an application for a Conditional Use Permit.

Prior to joining Collins & Schoettler Mr. Suire worked for Triumvirate Environmental in Environmental Health and Safety Compliance, ensuring that clients including AstraZeneca and Juul kept labs in compliance with local, state, and federal regulations regarding the storage, handling, transportation, and disposal of hazardous materials.

Education
Mr. Suire graduated magna cum laude with a BS in Environmental Studies, Resource Management and Conservation from San Francisco State University. Mr. Suire had also previously graduated from Massasoit Community College with an Associates of Social Sciences.

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Brianna Englert, Associate
Ms. Englert is an urban planner with extensive communication skills and the ability to present information to the public, and government officials, with detail and clarity. She upholds the capacity to manage multiple projects while maintaining high professional standards, and has experience in coordinating city-wide development, ranging from routine to complex, while establishing and maintaining a team-oriented environment.

Ms. Englert joined Collins & Schoettler in January of 2023 and provides current and long-term planning services and processes a wide variety of planning applications including zoning amendments, subdivisions, environmental reviews, and public counter staffing, among other duties.

Ms. Englert has also assisted with other client projects, including annexations, and presenting staff reports to commissions and Councils.

Prior to joining Collins & Schoettler, Ms. Englert worked for a local family law and real estate attorney as a paralegal while she furthered her education and law background. During this time, she decided to embrace a new career endeavor in urban planning. She made the affirmative decision that planning better aligned with her unique skill set and provided her with the unique opportunity to establish working relationships with individuals inside her community within the San Joaquin Valley. Since starting at Collins & Schoettler, she has been involved in a wide variety of projects including a General Plan update, a number of subdivision reviews, site plans, conditional uses, zoning amendments and Housing Elements, among others.

Ms. Englert has the proven ability to work with regulatory agencies, commissions, local governments, and developers to facilitate progressive development while identifying and respecting the interests of established communities. Other qualities include:
- Substantial knowledge and understanding of land use development review processes, including coordination with external agencies.
- Ability to service business entities and people from diverse socioeconomic backgrounds and educational backgrounds.
- Thorough understanding of key municipal activities and their relationships to planning functions.

Ability to work with City departments to ensure inclusion and understanding of the planning function. - Excellent analytical, oral communication, and writing skills. Ability to analyze data efficiently and thoroughly and to present analyses, orally or in writing, with detail and clarity.

Education
California State University of Fresno, Bachelor of Arts Philosophy-Pre-Law, 2022 College of the Sequoias, Associate of Arts- Law, Public Policy, and Society, 2020 January 25, 2024 Pg. 133
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CLIENTS AND RELATED PROJECTS
City of Exeter
(559) 592-9244
• Contract Planning Services since 1985
• 2030 General Plan and Environmental Impact Report
• Southwest Exeter Specific Plan
• Downtown Revitalization Plan
• Open Space/Conservation Element
• Housing Elements, 2015, 2009, 2004, 1992
• Wastewater Treatment Plan Environmental Impact Report City of Dinuba
(559) 591-5924
• Contract planning services since 2018
• Comprehensive Zoning Ordinance update
• New sign ordinance
• Residential Design Guidelines
• Informational zoning brochures
City of Sanger
(559) 876-6300
• Contract planning services
• 2035 General Plan and Environmental Impact Report
• North Academy Master Plan
• Community Design Guidelines
• Sign ordinance update
• Planning fee update
City of Farmersville
(559) 747-0458
• Contract Planning Services
• 2025 General Plan and Environmental Impact Report
• Comprehensive Zoning Ordinance update
• Downtown Specific Plan
• Design Guidelines
• Waterway/Trails Master Plan
• Numerous Zoning Ordinance updates, including sign ordinance January 25, 2024 Pg. 134
Collins & Schoettler
____________________________________________________________Firm Profile -15-
• Urban Development Boundary update and Environmental Impact Report • Housing Elements, 2015, 2009, 2004, 1992
City of Firebaugh
(559) 659-2043
• Contract Planning Services since 2004
• 2030 General Plan Update and EIR
• 2015 and 2009 Housing Elements
• Comprehensive Zoning Ordinance update
• Numerous zoning code updates
• Informational zoning brochures
Fresno Council of Governments
(559) 233-4148
• Circuit Planning program, since 2019
• REAP program for City of Firebaugh
• San Joaquin Valley Blueprint program
City of Orange Cove
(559) 626-4488
• Contract Planning Services
• 2025 General Plan Update and Environmental Impact Report • Comprehensive Zoning Ordinance update
• 2015, 2009, 2005 Housing Elements
City of Huron
(559) 945-2241
• Contract planning services
City of Kerman
(559) 846-9384
• 2027 General Plan Update and EIR
• 2013 General Plan update and EIR
• Housing Elements, 2009, 2004, 1991
• Redevelopment Project Area expansion
• Downtown Design Plan
• Downtown Design Guidelines
January 25, 2024 Pg. 135
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City of Reedley
(559) 637-4200
• Rail Corridor Master Plan
• Reedley Specific Plan and Environmental Impact Report • Kings River Corridor Specific Plan Environmental Impact Report • Zoning informational brochures
City of San Joaquin
(559) 693-2193
• Wastewater Treatment Plan Expansion EIR
• Project environmental analyses
City of Woodlake
(559) 564-8055
• Contract Planning Services
• Housing Elements, 2009, 2004, 1992
• South Woodlake Specific Plan
• Downtown Design Plan
• Redevelopment Project Environmental Impact Report
• 2035 General Plan and Environmental Impact Report
City of Arvin
(661) 854-3134
• Contract Planning Services
• Communitywide Zoning Update
• New sign ordinance
• Comprehensive Zoning Ordinance Update
Tulare County
(559) 733-6291
• Community Plans for Cutler/Orosi, Poplar/Cotton Center, Earlimart, Terra Bella, Ducor, Tipton
• Numerous environmental documents
• Tulare County Enterprise Zone Environmental Impact Report • South Mountain Plan Environmental Impact Report
• Zoning Brochures
January 25, 2024 Pg. 136
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Miscellaneous School District Environmental Reviews
• Burton Elementary
• Hanford Elementary
• Kings Canyon Unified
• Kings County Office of Education
• Madera Unified
• Pioneer Union Elementary
• Pleasant View Elementary
• Porterville Unified
• Tulare County Office of Education
• Visalia Unified
• West Fresno Elementary
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Administrative
Billing Rate
Our billing rate is $135 per hour. This also includes travel time one way.

Insurance
We carry insurance coverage consistent with the City’s requirements, including professional liability insurance. A certificate of coverage will be provided upon request.

Payment Schedule
We submit an invoice at the end of each month for work performed during the month.

January 25, 2024 Pg. 138
1 EXHIBIT A

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN THE CITY OF AVENAL AND

COLLINS & SCHOETTLER PLANNING CONSULTANTS
This AGREEMENT FOR CONSULTANT SERVICES ("AGREEMENT"), is made and entered into this ____ day of ____________ 2024, by and among the City of Avenal, a California municipal corporation ("CITY") and Collins & Schoettler, a [California corporation] ("CONSULTANT").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

SECTION 1. TERM OF AGREEMENT.

Subject to the provisions of SECTION 19 "TERMINATION OF AGREEMENT" of this AGREEMENT, the term of this AGREEMENT shall be for a period of one (1) year from the date of execution of this AGREEMENT, as first shown above. Such term may be extended upon written agreement of both parties to this AGREEMENT.

SECTION 2. SCOPE OF SERVICES.

CONSULTANT agrees to perform the services set forth in EXHIBIT "A" "SCOPE OF SERVICES" and made a part of this AGREEMENT.

SECTION 3. ADDITIONAL SERVICES.

CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those set forth in this AGREEMENT or listed in EXHIBIT "A" "SCOPE OF SERVICES", unless such additional services are authorized in advance and in writing by the City Council or City Manager of CITY. CONSULTANT shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Manager.

SECTION 4. COMPENSATION AND METHOD OF PAYMENT.
(a) Subject to any limitations set forth in this AGREEMENT, CITY agrees to pay CONSULTANT the amounts specified in EXHIBIT "B" "COMPENSATION" and made a part of this AGREEMENT. The total compensation, including reimbursement for actual expenses, shall not exceed ($50,000), unless additional compensation is approved in writing by the City Council or City Manager.

Agreement for Planning Services – City of Avenal and Collins & Schoettler 2 (b) Each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, sub-consultant contracts and miscellaneous expenses. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event any charges or expenses are disputed by CITY, the original invoice shall be returned by CITY to CONSULTANT for correction and resubmission.
(c) Except as to any charges for work performed or expenses incurred by CONSULTANT which are disputed by CITY, CITY will use its best efforts to cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT for work performed pursuant to this AGREEMENT shall not be deemed to waive any defects in work performed by CONSULTANT.

SECTION 5. INSPECTION AND FINAL ACCEPTANCE.

CITY may inspect and accept or reject any of CONSULTANT's work under this AGREEMENT, either during performance or when completed. CITY shall reject or finally accept CONSULTANT's work within sixty (60) days after submitted to CITY. CITY shall reject work by a timely written explanation, otherwise CONSULTANT's work shall be deemed to have been accepted. CITY's acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as amount to fraud. Acceptance of any of CONSULTANT's work by CITY shall not constitute a waiver of any of the provisions of this AGREEMENT including, but not limited to, sections 15 and 16, pertaining to indemnification and insurance, respectively.

SECTION 6. OWNERSHIP OF DOCUMENTS.

All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused or otherwise disposed of by CITY without the permission of the CONSULTANT. Upon completion, expiration or termination of this AGREEMENT, CONSULTANT shall turn over to CITY all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

SECTION 7. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's performance of services pursuant to this AGREEMENT.

CONSULTANT shall maintain any and all ledgers, books of account, invoices, vouchers, Agreement for Planning Services – City of Avenal and Collins & Schoettler 3 canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to CITY pursuant to this AGREEMENT. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently complete and detailed so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant to this AGREEMENT. Any and all such documents or records shall be maintained for three years from the date of execution of this AGREEMENT and to the extent required by laws relating to audits of public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, at any time during regular business hours, upon written request by CITY or its designated representative. Copies of such documents or records shall be provided directly to the CITY for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at CONSULTANT's address indicated for receipt of notices in this AGREEMENT.
(c) Where CITY has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or discarded due to dissolution or termination of CONSULTANT's business, CITY may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to CITY, as well as to its successors, interest and authorized representatives.

SECTION 8. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of CITY. CONSULTANT shall have no authority to bind CITY in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against CITY, whether by contract or otherwise, unless such authority is expressly conferred under this AGREEMENT or is otherwise expressly conferred in writing by CITY. (b) The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.

Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees or agents, except as set forth in this AGREEMENT. CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any of CONSULTANT's officers, employees or agents are in any manner officials, officers, employees or agents of CITY.
(c) Neither CONSULTANT, nor any of CONSULTANT's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to CITY'S employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights.

Agreement for Planning Services – City of Avenal and Collins & Schoettler 4 SECTION 9. STANDARD OF PERFORMANCE.

CONSULTANT represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT in a thorough, competent and professional manner. CONSULTANT shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of CONSULTANT under this AGREEMENT.

SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS AND LICENSES.

CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT. CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. Neither CITY, nor any elected or appointed boards, officers, officials, employees or agents of CITY, shall be liable, at law or in equity, as a result of any failure of CONSULTANT to comply with this section.

SECTION 11. NONDISCRIMINATION.

CONSULTANT shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition or marital status in connection with or related to the performance of this AGREEMENT.

SECTION 12. UNAUTHORIZED ALIENS.

CONSULTANT hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONSULTANT so employ such unauthorized aliens for the performance of work and/or services covered by this AGREEMENT, and should the any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONSULTANT hereby agrees to and shall reimburse CITY for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by CITY.

SECTION 13. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance Agreement for Planning Services – City of Avenal and Collins & Schoettler 5 of any conflicts of interest with the interests of CITY in the performance of this AGREEMENT.
(b) CITY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non-related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of CITY relative to such projects. Any future position of CITY on such projects shall not be considered a conflict of interest for purposes of this section.

SECTION 14. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work product produced by CONSULTANT in performance of this AGREEMENT shall be considered confidential, unless such information is in the public domain or already known to CONSULTANT. CONSULTANT shall not release or disclose any such information or work product to persons or entities other than CITY without prior written authorization from the City Manager, except as may be required by law. (b) CONSULTANT, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of CITY, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this AGREEMENT.

Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena. (c) If CONSULTANT, or any officer, employee, agent or subcontractor of CONSULTANT, provides any information or work product in violation of this AGREEMENT, then CITY shall have the right to reimbursement and indemnity from CONSULTANT for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admiss-ions or other discovery request, court order or subpoena from any party regarding this AGREEMENT and the work performed thereunder. CITY retains the right, but has no obligation, to represent CONSULTANT or be present at any deposition, hearing or similar proceeding.

CONSULTANT agrees to cooperate fully with CITY and to provide CITY with the opportunity to review any response to discovery requests provided by CONSULTANT.

However, this right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

SECTION 15. INDEMNIFICATION.
(a) CITY and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall have no liability to CONSULTANT or any other person for, and CONSULTANT shall indemnify, Agreement for Planning Services – City of Avenal and Collins & Schoettler 6 defend, protect and hold harmless INDEMNITEES from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or to which INDEMNITEES may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by the CONSULTANT's performance of or failure to perform any services under this AGREEMENT or by the negligent or willful acts or omissions of CONSULTANT, its agents, officers, directors, subcontractors or employees, committed in performing any of the services under this AGREEMENT. (b) If any action or proceeding is brought against INDEMNITEES by reason of any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES as provided above, CONSULTANT, upon notice from CITY, shall defend INDEMNITEES at CONSULTANT's expense by counsel acceptable to CITY, such acceptance not to be unreasonably withheld. INDEMNITEES need not have first paid for any of the matters to which INDEMNITEES are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by CONSULTANT under Section 16 shall ensure CONSULTANT's obligations under this section, but the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The provisions of this section shall survive the expiration or earlier termination of this AGREEMENT.
(c) The provisions of this section do not apply to CLAIMS occurring as a result of the CITY's sole negligence or willful acts or omissions.

SECTION 16. INSURANCE.

CONSULTANT agrees to obtain and maintain in full force and effect during the term of this AGREEMENT the insurance policies set forth in EXHIBIT "C" "INSURANCE" and made a part of this AGREEMENT. All insurance policies shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. CONSULTANT agrees to provide CITY with copies of required policies upon request.

SECTION 17. ASSIGNMENT.

The expertise and experience of CONSULTANT are material consi-derations for this AGREEMENT. CITY has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer this Agreement or any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. CITY Agreement for Planning Services – City of Avenal and Collins & Schoettler 7 acknowledges, however, that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors.

SECTION 18. CONTINUITY OF PERSONNEL.

CONSULTANT shall make every reasonable effort to maintain the stability and continuity of CONSULTANT's staff assigned to perform the services required under this AGREEMENT.

CONSULTANT shall notify CITY of any changes in CONSULTANT's staff assigned to perform the services required under this AGREEMENT, prior to any such performance.

SECTION 19. TERMINATION OF AGREEMENT.
(a) CITY may terminate this AGREEMENT, with or without cause, at any time by giving thirty (30) days written notice of termination to CONSULTANT. In the event such notice is given, CONSULTANT shall cease immediately all work in progress. (b) CONSULTANT may terminate this AGREEMENT at any time upon thirty (30) days written notice of termination to CITY.
(c) If either CONSULTANT or CITY fail to perform any material obligation under this AGREEMENT, then, in addition to any other remedies, either CONSULTANT, or CITY may terminate this AGREEMENT immediately upon written notice. (d) Upon termination of this AGREEMENT by either CONSULTANT or CITY, all property belonging exclusively to CITY which is in CONSULTANT's possession shall be returned to CITY. CONSULTANT shall furnish to CITY a final invoice for work performed and expenses incurred by CONSULTANT, prepared as set forth in SECTION 4 of this AGREEMENT. This final invoice shall be reviewed and paid in the same manner as set forth in SECTION 4 of this AGREEMENT.

SECTION 20. DEFAULT.

In the event that CONSULTANT is in default under the terms of this AGREEMENT, the CITY shall not have any obligation or duty to continue compensating CONSULTANT for any work performed after the date of default and may terminate this AGREEMENT immediately by written notice to the CONSULTANT.

SECTION 21. EXCUSABLE DELAYS.

CONSULTANT shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of CITY, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes.

Agreement for Planning Services – City of Avenal and Collins & Schoettler 8 SECTION 22. COOPERATION BY CITY.

All public information, data, reports, records, and maps as are existing and available to CITY as public records, and which are necessary for carrying out the work as outlined in the EXHIBIT "A" "SCOPE OF SERVICES", shall be furnished to CONSULTANT in every reasonable way to facilitate, without undue delay, the work to be performed under this AGREEMENT.

SECTION 23. NOTICES.

All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows:

To CITY:

City of Avenal
909 Skyline Blvd.

Avenal, CA 93204
ATTN: Antony V. López, City Manager
To CONSULTANT:

Collins & Schoettler
1002 W. Main Street
Visalia, CA 93291
ATTN: Karl Schoettler, Principal
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

SECTION 24. AUTHORITY TO EXECUTE.

The person or persons executing this AGREEMENT on behalf of CONSULTANT represents and warrants that he/she/they has/have the authority to so execute this AGREEMENT and to bind CONSULTANT to the performance of its obligations hereunder.

SECTION 25. BINDING EFFECT.

This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

Agreement for Planning Services – City of Avenal and Collins & Schoettler 9 SECTION 26. MODIFICATION OF AGREEMENT.

No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

SECTION 27. WAIVER.

Waiver by any party to this AGREEMENT of any term, condition, or covenant of this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this AGREEMENT shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this AGREEMENT. Acceptance by CITY of any work or services by CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.

SECTION 28. LAW TO GOVERN; VENUE.

This AGREEMENT shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.

SECTION 29. ATTORNEYS FEES, COSTS AND EXPENSES.

In the event litigation or other proceeding is required to enforce or interpret any provision of this AGREEMENT, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

SECTION 30. ENTIRE AGREEMENT.

This AGREEMENT, including the attached EXHIBITS "A" through "C", is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between CONSULTANT and CITY prior to the execution of this AGREEMENT.

No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this AGREEMENT shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

Agreement for Planning Services – City of Avenal and Collins & Schoettler 10 SECTION 31. SEVERABILITY.

If an term, condition or covenant of this AGREEMENT is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be read and construed without the invalid, void or unenforceable provision(s).

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CONSULTANT: CITY OF AVENAL

By__________________________ By______________________
(Karl Schoettler, Principal) Antony V. López, City Manager

By____________________________
Moses Diaz, City Attorney
Agreement for Planning Services – City of Avenal and Collins & Schoettler 11 EXHIBIT "A"

SCOPE OF SERVICES
General planning services, including but not limited to project processing, environmental review, staff assistance, public assistance, attendance at meetings, including Planning Commission and City Council, as needed.

Agreement for Planning Services – City of Avenal and Collins & Schoettler 12 EXHIBIT "B"

COMPENSATION
Collins & Schoettler Compensation Rates 2024-2025:
$135.00 per hour

Agreement for Planning Services – City of Avenal and Collins & Schoettler 13 EXHIBIT "C"

INSURANCE
A. Insurance Requirements. CONSULTANT shall provide and maintain insurance, acceptable to the City Manager or City Attorney, in full force and effect throughout the term of this AGREEMENT, against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by CONSULTANT, its agents, representatives or employees. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. CONSULTANT shall provide the following scope and limits of insurance:

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the City.
(3) Workers' Compensation insurance as required by the Labor Code of State of California and Employer's Liability insurance and covering all persons providing services on behalf of the CONSULTANT and all risks to such persons under this AGREEMENT. (4) Errors and omissions liability insurance appropriate to the CONSULTANT's profession.

2. Minimum Limits of Insurance. CONSULTANT shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident.
(4) Errors and Omissions Liability: $1,000,000 per occurrence.

Agreement for Planning Services – City of Avenal and Collins & Schoettler 14 B. Other Provisions. Insurance policies required by this AGREEMENT shall contain the following provisions:

1. All Policies. Each insurance policy required by this paragraph 15 shall be endorsed and state the coverage shall not be suspended, voided, cancelled by the insurer or either party to this AGREEMENT, reduced in coverage or in limits except after 30 days' prior written notice by Certified mail, return receipt requested, has been given to both parties.

2. General Liability and Automobile Liability Coverages. (1) CITY, and its respective elected and appointed officers, officials, and employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities CONSULTANT performs; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT; or automobiles owned, leased, hired or borrowed by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, and their respective elected and appointed officers, officials, or employees. (2) CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, and its respective elected and appointed, its officers, officials, employees and volunteers. Any insurance or self insurance maintained by CITY, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, CONSULTANT's insurance.
(3) CONSULTANT'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. (4) Any failure to comply with the reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to CITY, and its respective elected and appointed officers, officials, employees or volunteers.

3. Workers' Compensation and Employer's Liability Coverage. Unless the City Manager otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against CITY, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by CONSULTANT.

C. Other Requirements. CONSULTANT agrees to deposit with CITY, at or before the effective date of this contract, certificates of insurance necessary to satisfy CITY that the insurance provisions of this contract have been complied with. The City Attorney may require that CONSULTANT furnish CITY with copies of original endorsements effecting coverage required by this Section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. CITY reserves the right to inspect complete, certified copies of all required insurance policies, at any time.

1. CONSULTANT shall furnish certificates and endorsements from each subcontractor identical to those CONSULTANT provides.

Agreement for Planning Services – City of Avenal and Collins & Schoettler 15 2. Any deductibles or self-insured reten-tions must be declared to and approved by CITY.

At the option of CITY, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects CITY or its respective elected or appointed officers, officials, employees and volunteers or the CONSULTANT shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.

3. The procuring of such required policy or policies of insurance shall not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions and requirements of this AGREEMENT.

City Council/Successor Agency/Public Finance AuthorityJanuary 25, 2024

City Council/Successor Agency/Public Finance Authority
January 25, 2024