Agenda packet — Barstow City Council, June 20, 2022 (part 1 of 5)

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 20, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)
AGENDA

JOINT SPECIAL MEETING
Agenda-June 20, 2022

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MAYOR
Paul Anthony Courtney

COUNCILMEMBERS
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva

ELECTED CITY CLERK
Andrea Flores

ELECTED CITY TREASURER
Michael Lewis

PLANNING COMMISSIONERS
Andrew Ziemer
Beatrice Lint
Miguel Morales
Rodney Brand Jr.

Juanantonio Delucas

BARSTOW FIRE PROTECTION

DISTRICT
A Subsidiary District of the City of
Barstow
Paul Anthony Courtney
Barbara Mae Rose
James M. Noble
Marilyn Dyer Kruse
Timothy R. Silva
CALL TO ORDER:

INVOCATION:

PLEDGE OF ALLEGIANCE:

ROLL CALL:
 Council Member Timothy Silva
 Council Member Barbara Rose
 Council Member Marilyn Kruse
 Mayor Pro Tem James Noble
 Mayor Paul Courtney
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY

ITEM ON THE AGENDA INCLUDING ANY ITEM ON THE CONSENT

CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER

REQUEST CARD AND HAND TO THE CITY CLERK PRIOR TO THE
AGENDA ITEM BEING ADDRESSED. IF SPECIAL
ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST
BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE
WILL REMEMBER THE "CODE OF ETHICS" THAT WE
VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS

MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH
PATIENCE, CIVILITY AND COURTESY. THE DECISIONS MADE

TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW
COMMUNITY AND NOT FOR PERSONAL GAIN.

Agenda-June 20, 2022

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REVIEW AND APPROVAL OF AGENDA: THIS IS THE TIME FOR MEMBERS OF THE GOVERNING BOARD TO CALL FOR REARRANGING THE ORDER OF THE AGENDA; ADDING ITEMS TO OR REMOVING ITEMS FROM THE AGENDA; OR REMOVING ITEMS FROM THE CONSENT CALENDAR FOR DISCUSSION AND/OR SEPARATE ACTION.

PRESENTATIONS:

1. PRESENTATION OF PROCLAMATION IN RECOGNITION OF AMATEUR RADIO WEEK Recommended Action:

Present proclamation in recognition of Amateur Radio Week.

CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS ON ALL CONSENT ITEMS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

MINUTES ALL AGENCIES:

2. MINUTES CLOSED SESSION MEETING - JUNE 2, 2022 5:00 P.M.

Recommended Action:

Approve minutes as presented.

3. MINUTES WORKSHOP - JUNE 2, 2022 6:00 P.M.

Recommended Action:

Approve minutes as presented.

4. MINUTES JOINT SPECIAL MEETING - JUNE 6, 2022 7:00 P.M.

Recommended Action:

Approve minutes as presented.

CITY COUNCIL:

5. APPROVAL TO ACCEPT SB 1383 LOCAL ASSISTANCE GRANT
Recommended Action:

Approve the acceptance of the SB 1383 Local Assistance Grant, including acceptance of secondround funding if applicable, and direct staff to complete the related budget appropriation and carry out projects as approved by CalRecycle.

6. AMENDMENT NO. 8 TO WASTE DISPOSAL AGREEMENT (WDA) SETTING A RATE CAP Recommended Action:

Approve Amendment No. 8 to the Waste Disposal Agreement with the County of San Bernardino and authorize the City Manager to execute the same.

7. RESOLUTION INITIATION OF REAFFIRMATION FOR ASSESSMENT DISTRICTS FOR FY 2022/2023
Recommended Action:

Approve Resolution No. ____-2022 to initiate proceedings to reaffirm the levy and collection of annual assessments and ordering the City Engineer to prepare an Engineer’s Report for Landscaping Assessment District #1, Street Maintenance Assessment District #1, Street Lighting Assessment District #1, and Flood Control Assessment District #1, and waive the full reading.

Agenda-June 20, 2022

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8. MEASURE I FISCAL YEAR 2021/2022
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve the necessary adjustments to the Measure I Capital Improvement Projects.

2. Direct staff to forward the report to SBCTA.

9. APPROVAL TO EXTEND CONTRACT AGREEMENT WITH KLEINFELDER INC. FOR FIRST

AVENUE BRIDGE OVER BNSF
Recommended Action:

Staff recommends that the City Council approve the first amendment to the contract agreement with Kleinfelder Inc., for an additional five years and two months term, and authorize the City Manager to execute the same.

10. FY2020-2022 PROPOSED BUDGET AMENDMENT FOR YEAR-END CLEAN-UP

ADJUSTMENTS
Recommended Action:

Approve amendments to various funds and accounts in the City's adopted FY2020-2022 Operating and Capital Improvement two-year Budget as outlined in the attached proposed Budget Amendment (Attachment 1).

DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM

CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

PUBLIC HEARINGS:

11. BURRTEC WASTE FRANCHISE AMENDMENT AND RATE UPDATES FOR SB 1383

PROGRAM IMPLEMENTATION
Recommended Action:

Option 1. Adopt Resolution No. _____-2022 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the existing term end date of August 31, 2033, and direct the City Clerk to handle the execution of the agreement; OR
Option 2. Adopt Resolution No. ______-2022 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the extended-term end date of August 31, 2043, and direct the City Clerk to handle the execution of the agreement.

12. PUBLIC HEARING - CONSIDERATION OF NEBRINA BARSTOW LLC. COMMERCIAL

CANNABIS APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. ____-2022 approving Nebrina Barstow LLC’s application for a Commercial Cannabis Dispensary permit, Cannabis Development Agreement, Conditional Use Permit, and related land use entitlements. The Planning Commission recommended approval at its April 25, 2022 meeting. The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

13. PUBLIC HEARING - CONSIDERATION OF QUALITY LIFE INC. COMMERCIAL CANNABIS

APPLICATION
Recommended Action:

Staff recommends the City Council introduce Ordinance No. ____-2022 approving Quality Life Inc.’s application for a Cannabis Cultivation, Distribution, Transportation, and Manufacturing permit, Cannabis Development Agreement, Conditional Use Permit, and related land use Agenda-June 20, 2022

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entitlements. The Planning Commission recommended approval at its May 23, 2022 meeting.

The project is exempt from review under the California Environmental Quality Act, per CEQA Guidelines, Cal Code of Regs., tit. 24, sections 15301, 15302, and 15303, 15061, and 15378.

14. CONSIDERATION OF APPROVAL OF THE FISCAL YEAR 2022-2023 PROPOSED

OPERATING AND CAPITAL IMPROVEMENT BUDGET
Recommended Action:

Staff recommends that the City Council and Barstow Fire Protection District Board take the following actions:

1. That City Council approve the Fiscal Year 2022-2023 Proposed Operating and Capital Improvement Budget for the City in the amount of $141,117,447 and adopt the attached joint resolution No.______, approving the Proposed Budget (Attachment 1) as submitted less adjustments as noted above, excluding the Barstow Fire Protection District Budget – Fund 225, and waive the full reading.

2. That the Fire Protection District Board approve and adopt a preliminary budget for the Barstow Fire Protection District in the amount $6,216,506 and adopt the attached joint resolution No.______, approving and adopting the preliminary Budget as submitted (Attachment 1) less adjustments as noted above pursuant to Health & Safety Code Section 13893(a)(1) and waive full reading.

15. APPROVAL OF ANNUAL 2022/2023 APPROPRIATIONS LIMIT
Recommended Action:

Staff recommends that the City Council take the following actions:

1. Approve the annual 2022/2023 appropriations limit, which is calculated using the change in County population and the change in Non-Residential Assessed Valuation, which are determined by the State of California, Department of Finance, and the San Bernardino County Assessor 2021/2022 secured tax roll, respectively.

2. Adopt Resolution No. ______-2022, establishing the appropriations limit for FY 2022/2023, by title only and waive the reading.

16. APPROVAL OF BARSTOW FIRE DISTRICT APPROPRIATIONS LIMIT FOR FY 2022/2023 Recommended Action:

Staff recommends that the Barstow Fire Protection District’s Board take the following actions:

1. Approve the annual 2022/2023 appropriations limit, which is calculated using the change in the population growth in the County and the change in the Non-Residential Assessed Valuation, which are determined by the State of California, Department of Finance, and the San Bernardino County Assessor 2021/2022 secured tax rolls, respectively.

2. Adopt BFPD Resolution No. _____-22, establishing the appropriations limit for Fiscal Year 2022/2023, by title only and waive the reading.

17. FY 2022/2023 INVESTMENT POLICY FOR THE CITY OF BARSTOW Recommended Action:

Adopt the Investment Policy and Resolution No._____ -2022 of the City of Barstow for FY 2022/2023.

18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA, AMENDING AND ESTABLISHING SPECIFIED FEES FOR CITY SERVICES (FY 2022/2023) Recommended Action:

Staff recommends that City Council adopt the attached Resolution No. ____-2022 amending and establishing the Master Fee Schedule for Fiscal Year 2022/2023, and waive the full reading.

GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM Agenda-June 20, 2022

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BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

STAFF REPORTS:

POLICE CHIEF COMMENTS:

FIRE CHIEF COMMENTS:

CITY MANAGER / DISTRICT MANAGER COMMENTS:

BUSINESS / ACTION ITEMS:

CITY COUNCIL:

19. INSTALLATION SUPPORT SERVICES - PROFESSIONAL SERVICES CONTRACT Recommended Action:

Staff recommends that the City Council:

1. Approve the scope and fee with High Desert Support Services, LLC, laid out in the bid documents for the bid amount of $2,756,909.57 (Over ten years) for the Installation Support Services.

2. Authorize the City Manager or designee the authority to sign the agreements between Fort Irwin and the City of Barstow and High Desert Support Services, LLC and the City of Barstow.

20. 1ST READING AND INTRODUCTION OF ORDINANCE ____-2022 AMENDING CHAPTER

5.91, TITLE 5 OF THE BARSTOW MUNICIPAL CODE ENTITLED "ANNUAL RENTAL PROPERTY INSPECTION REQUIREMENTS"
Recommended Action:

1. Approve the 1st Reading of Ordinance No. ____-2022 Amending Chapter 5.91, Title 5 of the Barstow Municipal Code Entitled Annual Rental Property Inspection Requirements;

2. Direct the City Clerk to bring the ordinance back to the City Council for the 2nd Reading and Adoption at the next regularly scheduled meeting.

3. Direct the City Clerk to publish a summary of this ordinance pursuant to G.C. 54963.

4. Determine the adoption of this Ordinance is exempt from review under the California Environmental Quality Act under CEQA Guidelines section 15301.

21. AMENDMENT TO THE CITY COUNCIL RULES FOR THE CONDUCT OF ITS MEETING PROCEEDINGS AND BUSINESS AND REPEALING RESOLUTION 4647-2011 Recommended Action:

Adopt Resolution No. _____-2022 and waive the full reading.

ADJOURNMENT:

Individuals electing to later challenge any items listed herein will be limited to addressing only those issues raised at any public hearing or in written correspondence received by the Governing Board prior to the meeting.

Materials related to an item on this Agenda submitted to the Governing Board after distribution of the agenda packet area available for public inspection in the City Clerk's Office at 220 East Mountain View Ste. A, Barstow, CA 92311 during normal business hours.

Agenda-June 20, 2022

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The City of Barstow, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office (760) 255-5122, at least one business day prior to the scheduled meeting to ensure that we may assist you.

I hereby certify, UNDER PENALTY OF PERJURY that this agenda has been posted 72 hours prior to the stated meeting in a place accessible to the public.

Posted on the 16th day of June, 2022.

Joint Special Council/BFPD
06/20/22 07:00 PM
City Manager Department
Maribel Hernandez
Proclamation
Doc ID: 5051

AGENDA ITEM
AGENDA MATTER:

PRESENTATION OF PROCLAMATION IN RECOGNITION OF AMATEUR RADIO WEEK EXECUTIVE SUMMARY:

A proclamation will be presented in recognition of Amateur Radio Week.

DISCUSSION:

The City of Barstow would like to proclaim June 20-26, 2022 as “Amateur Radio Week." Amateur radio operators provide countless hours of community service both in emergencies and to other organizations throughout the decades. Ham radio operators are highly skilled volunteers who receive no compensation for their efforts on the public’s behalf.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Present proclamation in recognition of Amateur Radio Week. 1 Packet Pg. 7
Joint Special Council/BFPD
06/20/22 07:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5040

AGENDA ITEM
AGENDA MATTER:

MINUTES CLOSED SESSION MEETING - JUNE 2, 2022 5:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
2 Packet Pg. 8

BARSTOW CITY COUNCIL

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 2, 2022
5:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

CLOSED SESSION
Minutes-June 2, 2022

Page 1 of 2 ends

CALL TO ORDER:

MAYOR COURTNEY called the Closed Session meeting to order at 5:00 P.M.

PLEDGE OF ALLEGIANCE:

MAYOR COURTNEY led the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
Timothy Silva Council Member Present
James M. Noble Mayor Pro Tem Absent
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

ANY ITEM ON THE CONSENT CALENDAR, PLEASE SO INDICATE BY FILLING OUT A SPEAKER REQUEST CARD AND HAND TO THE CITY CLERK. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

CODE OF ETHICS: AS YOUR ELECTED GOVERNING BOARD WE WILL REMEMBER THE "CODE OF ETHICS" THAT WE VOLUNTARILY AND UNANIMOUSLY APPROVED. DURING THIS MEETING WE WILL TREAT EACH OTHER AND THE PUBLIC WITH PATIENCE, CIVILITY AND COURTESY. THE DECISIONS

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

PUBLIC COMMENT - CLOSED SESSION: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC

TO ADDRESS THE GOVERNING BOARD ON MATTERS ON THE CLOSED SESSION AGENDA AND WITHIN THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO TWO MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

No Public Comments

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Attachment: 06 02 2022 Closed Session Minutes_FINAL (5040 : Minutes Closed Sesion Meeting June 2, 2022 5:00 P.M.) Minutes-June 2, 2022

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MOTION TO GO INTO CLOSED SESSION:

RESULT: APPROVED [UNANIMOUS]
MOVER: Marilyn Dyer Kruse, Council Member
SECONDER: Timothy Silva, Council Member
AYES: Silva, Kruse, Rose, Courtney
ABSENT: Noble
CLOSED SESSION:

1. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION (GOVERNMENT CODE SECTION 54956.9(d)(2),(e)(1))
A point has been reached where, in the opinion of the City Council on the advice of its legal counsel, based on the below described existing facts and circumstances, there is a significant exposure to litigation against the City. Facts and circumstances that might result in litigation but which the City believes are not yet known to potential plaintiffs.

Number of potential cases: One (1)
REPORT OF CLOSED SESSION:

CITY MANAGER WILLIE HOPKINS JR. reported the following:
- The City Council met in Closed Session to consider one item of anticipated litigation, no reportable action was taken.

ADJOURNMENT:

By the consensus of the City Council and without objection, the closed session meeting was adjourned at 6:11 P.M.

Respectfully Submitted: Approved:
_______________________________ _______________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr. B.A. Mayor Notice: Signed Minutes are filed with the City Clerk’s office

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Attachment: 06 02 2022 Closed Session Minutes_FINAL (5040 : Minutes Closed Sesion Meeting June 2, 2022 5:00 P.M.) Joint Special Council/BFPD
06/20/22 07:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5055

AGENDA ITEM
AGENDA MATTER:

MINUTES WORKSHOP - JUNE 2, 2022 6:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
3 Packet Pg. 11

WORKSHOP

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 2, 2022
6:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

WORKSHOP
Minutes-June 2, 2022

Page 1 of 3 ends

CALL TO ORDER - WORKSHOP:

MAYOR COURTNEY called the Workshop to order at 6:11 P.M.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER SILVA led the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Absent
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Timothy Silva Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

WORKSHOP:

2. PRESENTATION OF PROPOSED OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR FISCAL YEAR 2022-2023
Recommended Action:

Staff recommends that the City Council and the Fire Board receive the presentation and review the proposed Operating and Capital Improvement Budget for Fiscal Year 2022-2023 and provide direction to staff regarding the proposed spending plan.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Presented the proposed Operating and Capital Improvement Budget for Fiscal Year 2022-2023. - Discussed the budget planning process.
- Stated the City implemented the Office of Management and Budget Compliant Cost Allocation

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Attachment: 06 02 2022 Workshop Minutes_FINAL (5055 : Minutes Workshop June 2, 2022 6:00 P.M.) Minutes-June 2, 2022

Page 2 of 3 ends

Plan.
- Stated the proposed budget was $144,117,447 across all funds, which was an increase of $84,962,594 from the prior fiscal year. Explained the increase was due to Capital Improvement Projects (CIP) including the local match for construction of the First Avenue Bridge. - Stated total operating budget was $45,291,782, which was an increase of $42,929,959 from the prior fiscal year.
- Stated the total General Fund budget was $23,678,140, which was an increase of $4.6 million from the prior fiscal year.
- Provided an overview on sales tax, property tax and transient occupancy tax collections. - Discussed cannabis fee revenue projections, which were conservative, based on only one business currently licensed to operate in Barstow.
- Discussed other revenue sources including the Intergovernmental Service Agreements and the Opioid Settlement Agreement.
- Provided an overview on the Measure Q fund.
- Discussed CIP projects including the First Avenue Bridge over BNSF and the Mojave River, CITY MANAGER WILLIE HOPKINS, JR.
- Stated that the Opioid Settlement funds would be used to address homelessness solutions including mental health and substance abuse issues.

COUNCIL MEMBER SILVA
- Asked if any proposed projects were included in the budget.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated there are no anticipated grants (unless awarded) or projects included in the budget.

COUNCIL MEMBER DYER KRUSE
- Asked if the $3 million allocation from Measure Q for the First Avenue Bridge local match would be expended all at once. Expressed concern with the San Bernardino County Transportation Authority (SBCTA) requesting payment all at once.
- Discussed concerns with not having enough Measure Q funds for additional fire personnel.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Stated that staff would need to confirm the repayment schedule with SBCTA.

COUNCIL MEMBER ROSE
- Discussed concerns with not using Measure Q funds to add new fire personnel. Stated that the community did not vote for bridge.
- Suggested that Measure Q funds be used for the bridge after addressing public safety priorities. - Asked that the Fire Department be prioritized and expressed liability concerns with lack of personnel.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Discussed Measure Q and how its intent was to address the deficit in the General Fund and make it whole.

CITY MANAGER WILLIE HOPKINS, JR.
- Stated that public safety was a priority, but also discussed liability concerns by not addressing the bridge.
- Also noted, that staff would review prioritization of public safety and the bridge prior to presenting the budget for adoption.

RESULT: PRESENTATION ONLY
GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

PUBLIC TO ADDRESS THE GOVERNING BOARD ON MATTERS NOT ON THE AGENDA AND WITHIN

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Attachment: 06 02 2022 Workshop Minutes_FINAL (5055 : Minutes Workshop June 2, 2022 6:00 P.M.) Minutes-June 2, 2022

Page 3 of 3 ends

THE CITY’S JURISDICTION. SPEAKERS ARE ASKED TO LIMIT THEIR COMMENTS TO THREE MINUTES OR LESS. ALL REQUESTS TO SPEAK MUST BE RECEIVED PRIOR TO THE AGENDA ITEM BEING ADDRESSED. IF SPECIAL ACCOMMODATIONS ARE REQUIRED, 48 HOURS NOTICE MUST BE GIVEN TO THE CITY CLERK.

No Public Comments
ADJOURNMENT:

By the consensus of the City Council and without objection, the workshop was adjourned at 7:07 P.M.

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Packet Pg. 14
Attachment: 06 02 2022 Workshop Minutes_FINAL (5055 : Minutes Workshop June 2, 2022 6:00 P.M.) Joint Special Council/BFPD
06/20/22 07:00 PM
City Clerk / Records
Maria Chavez
Other
Doc ID: 5056

AGENDA ITEM
AGENDA MATTER:

MINUTES JOINT SPECIAL MEETING - JUNE 6, 2022 7:00 P.M.

EXECUTIVE SUMMARY:

DISCUSSION:

FISCAL IMPACT:
none
RECOMMENDED ACTION:

Approve minutes as presented.
4 Packet Pg. 15

BARSTOW CITY COUNCIL /

BARSTOW FIRE PROTECTION DISTRICT

CITY COUNCIL CHAMBERS
220 EAST MOUNTAIN VIEW STREET
BARSTOW, CA 92311
JUNE 6, 2022
7:00 PM
(HANDICAPPED ACCESSIBLE)

MINUTES

JOINT SPECIAL MEETING
Minutes-June 6, 2022

Page 1 of 9 ends

CALL TO ORDER :

MAYOR COURTNEY called the Joint Special Meeting to order at 7:00 P.M.

INVOCATION:

MAYOR PRO TEM NOBLE led the invocation.

PLEDGE OF ALLEGIANCE:

COUNCIL MEMBER DYER KRUSE led the pledge of allegiance.

ROLL CALL:

Attendee Name Title Status Arrived
James M. Noble Mayor Pro Tem Present
Marilyn Dyer Kruse Council Member Present
Barbara Mae Rose Council Member Present
Paul Anthony Courtney Mayor Present
Timothy Silva Council Member Present
PARTICIPATION IS INVITED: IF YOU WISH TO BE HEARD ON ANY ITEM ON THE AGENDA INCLUDING

MADE TONIGHT WILL BE FOR THE BENEFIT OF THE BARSTOW COMMUNITY AND NOT FOR PERSONAL GAIN.

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Attachment: 06 06 2022 Reg Mtg Minutes_FINAL (5056 : Minutes Joint Special Meeting June 6, 2022 7:00 P.M.) Minutes-June 6, 2022

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Motion by COUNCIL MEMBER SILVA, seconded by COUNCIL MEMBER DYER KRUSE, and unanimously carried, to approve the agenda tabling Item 1 to the June 20, 2022 meeting. (Item 1 will now be presented at the July 18, 2022 meeting).

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
PRESENTATIONS:

1. AFTER-EVENT REPORT AND PRESENTATION BY THE INLAND EMPIRE BREASTFEEDING

COALITION
Recommended Action:

After-event report and presentation only.

RESULT: CONTINUED [UNANIMOUS] Next: 7/18/2022 6:00 PM
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva

2. BARSTOW POLICE DEPARTMENT UPDATE
Recommended Action:

Information only.

POLICE CHIEF ANDREW ESPINOZA, JR.
- Presented the Barstow Police Department's 2021 Annual Report. - Discussed the Police Department's organizational chart and patrol beat. - Also discussed property crime and violent crime statistics, calls for service, and highlighted community events and community engagement activities.

COUNCIL MEMBER ROSE
- Asked for a crime statistics report for District 3.

COUNCIL MEMBER DYER KRUSE
- Commended the Police Department for their hard work.

POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated that staff could provide crime statistics by district.

RESULT: PRESENTATION ONLY
CONSENT CALENDAR PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL PUBLIC TO ADDRESS THE GOVERNING BOARD ON ALL MATTERS ON THE CONSENT CALENDAR.

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Attachment: 06 06 2022 Reg Mtg Minutes_FINAL (5056 : Minutes Joint Special Meeting June 6, 2022 7:00 P.M.) Minutes-June 6, 2022

Page 3 of 9 ends

MINUTES ALL AGENCIES:

3. MINUTES JOINT SPECIAL MEETING - MAY 16, 2022 7:00 P.M.

Recommended Action:

Approve minutes as presented.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
ACCOUNTS PAYABLE ALL AGENCIES:

4. RATIFICATION OF ACCOUNTS PAYABLE EXPENDITURES
Recommended Action:

Approve and ratify expenses, as audited, for checks #87428-87744 totaling $3,014,916.78 and wires #801-805 totaling $197,943.09, per the Agency breakdown below:

City: $3,006,579.31
Fire: $206,280.56
Successor Agency: $0.00
Grand Total: $3,212,859.87

SPEAKERS

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Asked for clarification on check #'s 87732, 87734, 87743, 87697 and 87683.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
CITY COUNCIL:

5. SECOND READING AND ADOPTION OF ORDINANCE 990-2022 AMENDING SECTIONS

13.04.020 (DEFINITIONS) AND 13.12.340 (LOCAL DISCHARGE LIMITATIONS) AND CHAPTER 13.20 (INSPECTIONS) OF THE BARSTOW MUNICIPAL CODE Recommended Action:

Staff recommends the City Council take the following action:

Adopt Ordinance No. 990-2022, amending Sections 13.04.020 (Definitions) and 13.12.340 (Local Discharge Limitations) and Chapter 13.20 (Inspections) of the Barstow Municipal Code. The ordinance is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines sections 15060(c)(2}, 15060(c)(3}, 15061(b)(3} and 15378(b)(4).

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva

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6. REQUEST FOR PUBLIC HEARING - DELINQUENT TRASH AND SEWER ACCOUNTS Recommended Action:

Staff recommends the City Council:

Set the public hearing for delinquent sewer and trash (utility) accounts for Monday, July 18, 2022, at 7:00 p.m. in the Barstow Council Chambers located at 220 E. Mountain View St., Barstow, CA 92311.

SPEAKERS

ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Asked the City Council to consider assessing liens and penalties for senior citizens and lowincome citizens. - Asked what the City was doing to address the issue with the fire and odor coming from the Nursery Products Hawes Composting Facility.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva

7. APPROVAL OF RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR

THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF LAWS OF THE STATE OF CALIFORNIA TO GENERAL LAW CITIES.

Recommended Action:

Adopt Resolution No. 5089-2022, calling and giving notice for the General Municipal Election to be held on November 8, 2022, to fill two (2) elected official vacancies within the City of Barstow and to waive the full reading.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.

Recommended Action:

Adopt Resolution No. 5090-2022 requesting the Board of Supervisors of the County of San Bernardino to consolidate Barstow’s General Municipal Election with the Statewide General Election on November 8, 2022, to fill two (2) elected official vacancies to be conducted by the San Bernardino County Registrar of Voters and to waive the reading.

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RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva

9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW, CALIFORNIA,

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO

CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
Recommended Action:

1. Adopt Resolution No. 5091-2022 adopting regulations for candidates for elective office pertaining to candidates statements submitted to the voters at an election to be held on Tuesday, November 8, 2022, and waive the full reading.

RESULT: APPROVED [UNANIMOUS]
MOVER: Timothy Silva, Council Member
SECONDER: Marilyn Dyer Kruse, Council Member
AYES: Noble, Kruse, Rose, Courtney, Silva
DISCUSSION / ACTION ON DEFERRED ITEMS: (ITEMS PREVIOUSLY TABLED OR PULLED FROM

CONSENT CALENDAR BY COUNCIL WILL BE CONSIDERED BY THE GOVERNING BOARD AT THIS TIME).

PUBLIC HEARINGS:

None
GENERAL, NON-AGENDA PUBLIC COMMENT: THIS IS THE TIME AND PLACE FOR THE GENERAL

JOHN WYMORE, PRESIDENT OF THE BARSTOW PROFESSIONAL FIREFIGHTERS

ASSOCIATION
- Discussed concerns with the use of Measure Q funds for the local grant match for the First Avenue Bridge project.
- Stated that citizens voted in favor of Measure Q in order to save the Barstow Fire Protection District.

TRAVIS ESPINOZA, BARSTOW, CALIFORNIA
- Discussed concerns with the use of Measure Q funds for the local grant match for the First Avenue Bridge project.
- Also discussed concerns with the lack of personnel and resources for the Fire Department.

LEONARD WILLIAMS, BARSTOW, CALIFORNIA
- Discussed concerns with the use of Measure Q funds for the local grant match for the First Avenue Bridge project.
- Also discussed concerns with the lack of personnel and resources for the Fire Department.

BILL QUIMBY, BARSTOW, CALIFORNIA
- Discussed opportunities available to Barstow and the importance of the Council and community working together.

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ET SNELL, NEWBERRY SPRINGS, CALIFORNIA
- Discussed concerns with the fire and odor coming from the Nursery Products Hawes Composting Facility.
- Suggested cross-training fire and police personnel.
- Discussed concerns with MAYOR COURTNEY.

EUGENE BUTTICCI, EXECUTIVE DIRECTOR OF THE BARSTOW AREA CHAMBER OF

COMMERCE
- Invited the community to attend the Veteran's Resource Fair on June 30, 2022.

JOHN "TEX" WILLIAMS, BARSTOW, CALIFORNIA
- Asked if MAYOR COURTNEY referred to him as mentally ill at the May 16, 2022 Council meeting. - Discussed concerns with MAYOR COURTNEY's conduct during the May 16, 2022 Council meeting and not following the Code of Ethics.

CARMEN HERNANDEZ, BARSTOW, CALIFORNIA
- Discussed concerns with the budget workshop not being properly noticed. - Asked for a joint workshop to be scheduled with the Council and Measure Q Resident Oversight Commission.
- Discussed concerns with recruitment of fire personnel. - Asked if Quality Life’s trailer was legally parked near the Outlets. - Requested recent Barstow High School graduate Kay Whitehead be presented with a proclamation.

MIKE HERNANDEZ, BARSTOW, CALIFORNIA
- Mentioned that no one answered his question about whether an elected official could legally serve as a consultant to a cannabis business.
- Discussed conflict of interest concerns with COUNCIL MEMBER DYER KRUSE voting in favor of cannabis businesses when her employer was CITY TREASURER MICHAEL LEWIS. - Asked if any Council Members or employees were stockholders in any local cannabis businesses. - Asked why no other Council Members seconded COUNCIL MEMBER ROSE's motion to pursue legal action against MAYOR COURTNEY for not repaying the mileage reimbursement.

KAMBIZ MORIDI, BARSTOW, CALIFORNIA
- Discussed upcoming large projects in Barstow and the importance of the community working together.
- Asked MAYOR COURTNEY to run for another term in 2024.

JUSTIN HAMPTON, BARSTOW, CALIFORNIA
- Discussed concerns with crime rates in Barstow and the lack of activities for youth. - Stated that the Council and community needed to work together to improve the community.

MICHAEL CARSON, BARSTOW, CALIFORNIA
- Discussed concerns with the amount of property owned by COUNCIL MEMBER DYER KRUSE in District 4.

PRISCILLA FIELDS, BARSTOW, CALIFORNIA
- Asked the Council to work together to improve the community.

BRIAN ZANE, BARSTOW, CALIFORNIA
- Stated that all participants in the Run to the Wall event arrived safely in Washington, DC. - Requested that the community assist the veteran participants at future events. - Discussed concerns with the Council's conduct at recent meetings.

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PERRY PACK, BARSTOW, CALIFORNIA
- Discussed concerns with MAYOR COURTNEY having his non-profit foundation's bus towed away from the residential area it was parked.

ANTHONY BROWNE, BARSTOW, CALIFORNIA
- Asked if there were enough Measure Q funds available to hire fire personnel. - Discussed the Marriott project and commended MAYOR COURTNEY for bringing businesses into Barstow.

NATHANIEL PICKETT, BARSTOW, CALIFORNIA
- Discussed safety issues at Main Street and Bradshaw.
- Also discussed concerns with the General Plan update.

JIM BROWN, BARSTOW, CALIFORNIA
- Commended ACTING FIRE CHIEF NICK DINAPOLI.
- Urged the Council to allocate Measure Q funds to the Fire Department.

BUSINESS OF THE COUNCIL/COUNCIL COMMITTEE REPORTS:

COUNCIL MEMBER ROSE
- Discussed concerns with MAYOR COURTNEY's conduct at the May 16, 2022 meeting and his comments about citizens being mentally ill.
- Expressed support for presenting a proclamation to Barstow High School graduate Kay Whitehead at an upcoming Council meeting.
- Stated she had no ownership interest in Quality Life, LLC (commercial cannabis business). - Asked Mr. Zane for more information on the Run to the Wall program and suggested involving the Chamber of Commerce.
- Discussed May 31, 2022 Rules and Policies Committee and the upcoming Homeward Bound Committee meeting on June 8, 2022.
- Asked CITY ATTORNEY MATTHEW SUMMERS if MAYOR COURTNEY had repaid the mileage reimbursement.

CITY ATTORNEY MATTHEW SUMMERS
- Stated that MAYOR COURTNEY has not repaid the mileage reimbursement.

COUNCIL MEMBER ROSE
- Asked that the Council pursue legal action against MAYOR COURTNEY for failing to repay the mileage reimbursement, COUNCIL MEMBER SILVA stated he did not object. - Discussed Measure Q and concerns with allocating funds to repair the First Avenue Bridge. - Asked staff to look into other resources to fund the bridge.

MAYOR PRO TEM NOBLE
- Asked CITY ATTORNEY MATTHEW SUMMERS to bring information back to the Council regarding the legality of Council Members and employees having an ownership interest in commercial cannabis businesses.
- Stated he had no ownership interest in Quality Life, LLC (commercial cannabis business). - Expressed support for presenting a proclamation to Barstow High School graduate Kay Whitehead. - Discussed recent Intergovernmental Agency Services Agreement (IGSA) signing ceremony at Fort Irwin, the Memorial Day event at Barstow Cemetery and recent Victor Valley Transit Authority special meeting.
- Encouraged the community to attend the Juneteenth event on Riverside Drive on June 18, 2022.

COUNCIL MEMBER DYER KRUSE
- Stated the June 1, 2022 Streets Committee meeting was cancelled. - Discussed the recent IGSA signing ceremony at Fort Irwin.

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- Stated the fire at the waste compost facility in Hinkley was within the County's jurisdiction. Noted that County Supervisors Paul Cook and Dawn Rowe were contacted along with the Mojave Air Quality Management District. Stated that citations had been issued.

COUNCIL MEMBER SILVA
- Addressed the fire at the waste compost facility in Hinkley and confirmed that the Mojave Air Quality Management District had been contacted.
- Stated he had no ownership interest in Quality Life, LLC (commercial cannabis business). - Discussed Measure Q and confirmed that the Council's direction to staff at the budget workshop was to find another resource to fund the bridge.
- Asked if the Fire Department was fully staffed for Fiscal Year 2022-2023. - Provided an update on the recent Southern California Edison GAP meeting. - Asked that a certificate be presented to recognize Mr. Holt from Garner Holt Productions for their service in Barstow.
- Asked CITY MANAGER WILLIE HOPKINS, JR. to provide an update on the Buxton contract, current development agreements and the Federal and State Lobbyist contracts.

MAYOR COURTNEY
- Stated he had no ownership interest in Quality Life, LLC (commercial cannabis business). - Stated that staff and the Council were addressing funding for the bridge. - Discussed upcoming speaking engagement at the Resource Fair.

STAFF REPORTS:

None.

POLICE CHIEF COMMENTS:

POLICE CHIEF ANDREW ESPINOZA, JR.
- Stated that the Barstow Police Department had assisted with past Run for the Wall events.

FIRE CHIEF COMMENTS:

ACTING FIRE CHIEF NICK DINAPOLI
- Discussed recruitment and retention challenges.

CITY MANAGER / DISTRICT MANAGER COMMENTS:

CITY MANAGER WILLIE HOPKINS, JR.
- Discussed partnership with Barstow Cinema and the Parks and Recreation Department for a gaming program.
- Addressed Fiscal Year 2022-2023 Proposed Budget and possible use of Measure Q funds for the bridge.
- Also noted that public safety was a priority for the current administration and stated that there was a need for the public to understand Measure Q as a whole. - Stated that the Fiscal Year 2022-2023 Proposed Budget would also be presented to the Measure Q Resident Oversight Commission and the community at a separate meeting.

INTERIM FINANCE DIRECTOR MARC PUCKETT
- Provided an overview on the General Fund and Measure Q fund balances based on the audited financial statements for Fiscal Year 2020-2021.
- Explained that Measure Q was a sub-fund within the General Fund and was a general sales tax. - Presented unassigned fund balances for Measure Q and the General Fund as of June 30, 2021 and discussed the City's adopted Fund Balance Policy per Resolution 4548-2010.

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COUNCIL MEMBER ROSE
- Clarified Measure Q was sold to the voters for specific things and discussed concerns with Measure Q funds not being spent properly
BUSINESS / ACTION ITEMS:

None
ADJOURNMENT:

By the consensus of the City Council and without objection, the joint special meeting was adjourned at 9:09 P.M.

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Attachment: 06 06 2022 Reg Mtg Minutes_FINAL (5056 : Minutes Joint Special Meeting June 6, 2022 7:00 P.M.) Joint Special Council/BFPD
06/20/22 07:00 PM
Environmental Services
Jessica Reed
Grant
Doc ID: 5024

COUNCIL AGENDA ITEM
AGENDA MATTER:

APPROVAL TO ACCEPT SB 1383 LOCAL ASSISTANCE GRANT
EXECUTIVE SUMMARY:

The Department of Resources Recycling and Recovery (CalRecycle) is administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016, and SB 170 Budget Act of 2021. This non-competitive grant program will provide funding to local jurisdictions to assist with the implementation of regulatory requirements associated with SB 1383.

DISCUSSION:

In June 2021, the City of Barstow, along with many other cities throughout the State, submitted a budget request to the State Legislature, asking for assistance with SB 1383 program implementation costs.

In January 2022, CalRecycle announced the SB 1383 Local Assistance Grant (LAG) Program funding opportunity and staff submitted an application to receive its share of the monies.

A total of $57,000,000 is being provided for FY 2021-2022 to help cities throughout the state with SB 1383 requirements, including but not limited to:
 Collection
 Edible Food Recovery
 Education & Outreach
 Enforcement and Inspections
 Program Evaluation / Gap Analysis
 Procurement Requirements
 Record Keeping
The City of Barstow recently received notification of a grant award in the amount of $35,142.00 under the first-round funding, and may be eligible for an additional award during the second-round funding, which will be announced this fall.

Grant awards for first-round funding were based on jurisdiction population and whether the jurisdiction had the proper ordinance in place in addition to satisfactory application submittal. Should any jurisdictions not submit an application for the LAG, and not have an ordinance or enforceable mechanism in place by the second-round funding application deadline, then the remaining monies will be disbursed among the eligible jurisdictions such as the City of Barstow.

In order to begin incurring costs, the City Council will need to approve the acceptance of the grant terms and conditions, direct staff to appropriate the funds accordingly, and proceed with projects as approved 5 Packet Pg. 25
Joint Special Council/BFPD
06/20/22 07:00 PM
Environmental Services
Jessica Reed
Grant
Doc ID: 5024

COUNCIL AGENDA ITEM
by CalRecycle. Focus areas for use of the funds include early education programs, community outreach, and program promotion/marketing.

FISCAL IMPACT:

None.

RECOMMENDED ACTION:

Approve the acceptance of the SB 1383 Local Assistance Grant, including acceptance of second-round funding if applicable, and direct staff to complete the related budget appropriation and carry out projects as approved by CalRecycle.
5 Packet Pg. 26
CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 1 Exhibit A
Terms and Conditions
SB 1383 Local Assistance Grant Program
Fiscal Year 2021–22
The following terms used in this Grant Agreement (Agreement) have the meanings given to them below, unless the context clearly indicates otherwise:
• "CalRecycle" means the Department of Resources Recycling and Recovery. • "Director" means the Director of CalRecycle or his or her designee. • "Grant Agreement" and "Agreement" means all documents comprising the agreement between CalRecycle and the grantee for this grant. • "Grant Manager" means CalRecycle staff person responsible for monitoring the grant.
• "Grantee" means the recipient of funds pursuant to this Agreement. • "Program" means the SB 1383 Local Assistance Grant Program. • "State" means the State of California, including, but not limited to, CalRecycle and/or its designated officer.

Air or Water Pollution Violation
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district. (b) Out of compliance with any final cease and desist order issued pursuant to Water Code Section 13301 for violation of waste discharge requirements or discharge prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or water pollution.

Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

Americans with Disabilities Act
The grantee assures the state that it complies with the Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 2 Assignment, Successors, and Assigns
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without CalRecycle’s prior written consent.
(b) The provisions of this Agreement shall be binding upon and inure to the benefit of CalRecycle, the grantee, and their respective successors and assigns.

Audit/Records Access
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits, or their designated representative(s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The grantee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment date or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to allow the designated representative(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the grantee agrees to include a similar right of the State to audit records and interview staff in any contract or subcontract related to performance of this Agreement.
[It may be helpful to share the Terms and Conditions (Exhibit A) and Procedures and Requirements (Exhibit B) with your finance department, contractors and subcontractors.

Examples of audit documentation include, but are not limited to: expenditure ledger, payroll register entries and time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts, change orders, invoices, and/or cancelled checks.]
Authorized Representative
The grantee shall continuously maintain a representative vested with signature authority authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all times, keep the Grant Manager informed as to the identity and contact information of the authorized representative.

Availability of Funds
CalRecycle's obligations under this Agreement are contingent upon and subject to the availability of funds appropriated for this grant.

Bankruptcy/Declaration of Fiscal Emergency Notification If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C. §901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures set forth in the section entitled “Communications” herein.

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 3 Charter Cities
If the grantee is a charter city, a joint powers authority that includes one or more charter cities, or the regional lead for a regional program containing one or more charter cities, the grantee shall not receive any grant funding if such funding is prohibited by Labor Code section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant project, this Agreement will be terminated and any disbursed grant funds shall be returned to CalRecycle.

Child Support Compliance Act
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.
(b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees, and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

Communications
All communications from the grantee to CalRecycle shall be directed to the Grant Manager. All notices, including reports and payment requests, required by this Agreement shall be given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures and Requirements (Exhibit B). If an original document is required, prepaid mail or personal delivery to the Grant Manager is required following the email or fax.

Compliance
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits. The grantee shall provide evidence, upon request, that all local, state, and/or federal permits, licenses, registrations, and approvals have been secured for the purposes for which grant funds are to be expended. The grantee shall maintain compliance with such requirements throughout the Grant Term. The grantee shall ensure that the requirements of the California Environmental Quality Act are met for any approvals or other requirements necessary to carry out the terms of this Agreement. The grantee shall ensure that all of grantee’s contractors and subcontractors have all local, state, and/or federal permits, licenses, registrations, certifications, and approvals required to perform the work for which they are hired. Any deviation from the requirements of this section shall result in nonpayment of grant funds.

Conflict of Interest
The grantee needs to be aware of the following provisions regarding current or former state employees. If the grantee has any questions on the status of any person

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 4 rendering services or involved with this Agreement, CalRecycle must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required as a condition of regular state employment. (b) No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
(b) For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the twelve month period prior to his or her leaving state service.

If the grantee violates any provisions of above paragraphs, such action by the grantee shall render this Agreement void. (Pub. Contract Code, § 10420).

Contractors/Subcontractors
The grantee will be entitled to make use of its own staff and such contractors and subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in contractors or subcontractors must be mutually acceptable to the parties.

Immediately upon termination of any such contract or subcontract, the grantee shall notify the Grant Manager.

Nothing contained in this Agreement or otherwise, shall create any contractual relation between CalRecycle and any contractors or subcontractors of grantee, and no agreement with contractors or subcontractors shall relieve the grantee of its responsibilities and obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the acts and omissions of its contractors and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the grantee. The grantee's obligation to pay its contractors and subcontractors is an independent obligation from CalRecycle’s obligation to make payments to the grantee. As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any moneys to any contractor or subcontractor.

Copyrights
Grantee retains title to any copyrights or copyrightable material produced pursuant to this Agreement. grantee hereby grants to CalRecycle a royalty-free, nonexclusive,

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 5 transferable, world-wide license to reproduce, translate, and distribute copies of any and all copyrightable materials produced pursuant this Agreement, for nonprofit, noncommercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

Grantee is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.

Corporation Qualified to do Business in California
When work under this Agreement is to be performed in California by a corporation, the corporation shall be in good standing and currently qualified to do business in the State. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit.

Discharge of Grant Obligations
The grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to CalRecycle.

Disclaimer of Warranty
CalRecycle makes no warranties, express or implied, including without limitation, the implied warranties of merchantability and fitness for a particular purpose, regarding the materials, equipment, services or products purchased, used, obtained and/or produced with funds awarded under this Agreement, whether such materials, equipment, services or products are purchased, used, obtained and/or produced alone or in combination with other materials, equipment, services or products. No CalRecycle employees or agents have any right or authority to make any other representation, warranty or promise with respect to any materials, equipment, services or products, purchased, used, obtained, or produced with grant funds. In no event shall CalRecycle be liable for special, incidental or consequential damages arising from the use, sale or distribution of any materials, equipment, services or products purchased or produced with grant funds awarded under this Agreement.

Discretionary Termination
The Director shall have the right to terminate this Agreement at his or her sole discretion at any time upon 30 days written notice to the grantee. Within 45 days of receipt of written notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee. (b) Submit an accounting of all grant funds expended up to and including the date of termination.
(c) Reimburse CalRecycle for any unspent funds.

Disputes
In the event of a dispute regarding performance under this Agreement or interpretation of requirements contained therein, the grantee may, in addition to any other remedies

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 6 that may be available, provide written notice of the particulars of such dispute to the Branch Chief of Financial Resources Management Branch, Department of Resources Recycling and Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the grant number.

Unless otherwise instructed by the Grant Manager, the grantee shall continue with its responsibilities under this Agreement during any dispute.

Drug-Free Workplace Certification
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California, that the grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions that will be taken against employees for violations. (b) Establish a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace. (3) Any available counseling, rehabilitation, and employee assistance programs. (4) Penalties that may be imposed upon employees for drug abuse violations. (c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee. (2) Agrees to abide by the terms of such statement as a condition of employment on the grant.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future State agreements if CalRecycle determines that the grantee has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

Effectiveness of Agreement
This Agreement is of no force or effect until signed by both parties.

Entire Agreement
This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

Environmental Justice
In the performance of this Agreement, the grantee shall conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state.

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 7 Failure to Perform as Required by this Agreement
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which support reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.

Therefore, the grantee shall be in compliance with this Agreement only if the work it performs results in:
(a) Application of information, a process, usable data or a product which can be used to aid in reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.

If the Grant Manager determines that the grantee has not complied with the Grant Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already paid by CalRecycle, including, but not limited to, the 10 percent withhold.

Force Majeure
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

Forfeit of Grant Funds/Repayment of Funds Improperly
Expended
If grant funds are not expended, or have not been expended, in accordance with this Agreement, or if real or personal property acquired with grant funds is not being used, or has not been used, for grant purposes in accordance with this Agreement, the Director, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds improperly expended.

Generally Accepted Accounting Principles
The grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

Grant Manager
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and approving Grant Payment Requests and other documents delivered to CalRecycle pursuant to this Agreement. The Grant Manager may monitor grantee performance to ensure that the grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Manager does not have the authority to approve any deviation from or revision to the Terms and Conditions

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 8 (Exhibit A) or the Procedures and Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and Requirements (Exhibit B).

Grantee Accountability
The grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.

Grantee's Indemnification and Defense of the State
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and their officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the grantee as a result of the performance of this Agreement.

Grantee's Name Change
A written amendment is required to change the grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change, CalRecycle will process the amendment. Payment of Payment Requests presented with a new name cannot be paid prior to approval of the amendment.

In Case of Emergency
In the event of an emergency, or where there is an imminent threat to public health and safety or the environment, the grantee may choose, at its own risk, to incur granteligible expenses not previously included in the approved Budget, subject to subsequent approval by the Grant Manager of both the Budget change and the need to implement the Budget change on an emergency basis. The grantee shall notify the Grant Manager of the emergency and the Budget change at the earliest possible opportunity. CalRecycle reserves the right to accept or reject the grantee’s determination that the circumstances constituted an emergency or a threat to public health and safety or the environment. If the Grant Manager determines that the circumstances did not constitute an emergency or a threat to public health or safety, the Budget change will be disallowed.

No Agency Relationship Created/Independent Capacity
The grantee and the agents and employees of grantee, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of CalRecycle.

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 9 No Waiver of Rights
CalRecycle shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by CalRecycle. No delay or omission on the part of CalRecycle in exercising any rights shall operate as a waiver of such right or any other right. A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of CalRecycle.

Non-Discrimination Clause
(a) During the performance of this Agreement, grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment on the bases enumerated in Government Code Section 12900 et seq.
(b) The person signing this Agreement on behalf of the grantee certifies under penalty of perjury under the laws of California that the grantee has, unless exempted, complied with the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.)
Order of Precedence
The performance of this grant shall be conducted in accordance with the Terms and Conditions (Exhibit A), Procedures and Requirements (Exhibit B), Project Summary/Statement of Use, Work Plan, and Budget of this Agreement, or other combination of Exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s CalRecycle-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:
(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.

Ownership of Drawings, Plans and Specifications
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design plans, specifications, photographs, negatives, audio and video

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 10 productions, films, recordings, reports, findings, recommendations, and memoranda of every description or any part thereof, prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies of any and all such materials produced pursuant to this Agreement, for nonprofit, non-commercial purposes, and to have or permit others to do so on CalRecycle’s behalf.

Payment
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Work Plan, if applicable, which is attached hereto and incorporated herein by this reference. CalRecycle shall reimburse the grantee for only the work and tasks specified in the Work Plan or the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement. (b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget, and shall obtain the Grant Manager’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the grantee fails to obtain such prior written approval, the Director, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. (c) The grantee shall request reimbursement in accordance with the procedures described in the Procedures and Requirements (Exhibit B). (d) Ten percent will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to CalRecycle’s 10 percent) retention policy. (e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the amounts authorized in the California State Administrative Manual (contact the Grant Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements (Exhibit B).

Personnel Costs
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for his or her regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in the Procedures and Requirements (Exhibit B).

Real and Personal Property Acquired with Grant Funds
(a) All real and personal property, including equipment and supplies, acquired with grant funds shall be used by the grantee only for the purposes for which CalRecycle

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 11 approved their acquisition for so long as such property is needed for such purposes, regardless of whether the grantee continues to receive grant funds from CalRecycle for such purposes. In no event shall the length of time during which such property, including equipment and supplies, acquired with grant funds, is used for the purpose for which CalRecycle approved its acquisition be less than five (5) years after the end of the grant term, during which time the property, including equipment and supplies, must remain in the State of California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and personal property acquired with grant funds, including all equipment and supplies, shall vest upon acquisition in the grantee. The grantee may be required to execute all documents required to provide CalRecycle with a security interest in any real or personal property, including equipment and supplies, and it shall be a condition of receiving this grant that CalRecycle shall be in first priority position with respect to the security interest on any such property acquired with the grant funds, unless preapproved in writing by the Grant Manager that CalRecycle will accept a lower priority position with respect to the security interest on the property. Grantee shall inform any lender(s) from whom it is acquiring additional funding to complete the property purchase of this grant condition.
(c) The grantee may not transfer Title to any real or personal property, including equipment and supplies, acquired with grant funds to any other entity without the express authorization of CalRecycle.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was previously purchased with CalRecycle grant funds, unless the acquisition of such equipment with grant funds is pre-approved in writing by the Grant Manager. In the event of a question concerning the eligibility of equipment for grant funding, the burden will be on the grantee to establish the pedigree of the equipment.

Reasonable Costs
A cost is reasonable if, in its nature or amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. Consideration will be given to:
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound business practices, arms-length bargaining, federal and state laws and regulations, and the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances, considering their responsibilities to the organization, its members, employees, clients, and the public at large.
(d) Significant deviations from the established practices of the organization which may unjustifiably increase the grant costs.

Recycled-Content Paper
All documents submitted by the grantee must be printed double-sided on recycledcontent paper containing 100 percent post-consumer fiber. Specific pages containing full color photographs or other ink-intensive graphics may be printed on photographic paper.

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 12 Reduction of Waste
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

Reduction of Waste Tires
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all purchases made with grant funds, including, but not limited to equipment and tirederived feedstock, the grantee shall purchase and/or process only California waste tires and California waste tire-derived products. As a condition of final payment under this Agreement, the grantee must provide documentation substantiating the source of the tire materials used during the performance of this Agreement to the Grant Manager.

Reimbursement Limitations
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other CalRecycle funded program.

All costs charged against the Agreement shall be net of all applicable credits. The term “applicable credits” refers to those receipts or reductions of expenditures that operate to offset or reduce expense items that are reimbursable under this Agreement. Applicable credits may include, but are not necessarily limited to, rebates or allowances, discounts, credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the amount of the credit from the total billed under a future invoice.

Reliable Contractor Declaration
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of the events listed in Section 17050 of Title 14, California Code of Regulations, Natural Resources (https://www.calrecycle.ca.gov/laws/regulations/title14), Division 7, has occurred with respect to the contractor or subcontractor within the preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after award of this Grant, the grantee may be required to terminate that contract.

Remedies
Unless otherwise expressly provided herein, the rights and remedies hereunder are in addition to, and not in limitation of, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 13 Self-Dealing and Arm’s Length Transactions
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s-length transactions and not the result of, or motivated by, self-dealing on the part of the grantee or any employee or agent of the grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

Severability
If any provisions of this Agreement are found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement without affecting any other provision of this Agreement. To the full extent, however, that the provisions of such applicable law may be waived, they are hereby waived to the end that this Agreement be deemed to be a valid and binding agreement enforceable in accordance with its terms.

Site Access
The grantee shall allow the state to access sites at which grant funds are expended and related work being performed at any time during the performance of the work and for ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved.

Stop Work Notice
Immediately upon receipt of a written notice from the Grant Manager to stop work, the grantee shall cease all work under this Agreement.

Termination for Cause
CalRecycle may terminate this Agreement and be relieved of any payments should the grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination, CalRecycle may proceed with the work in any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from any sum due the grantee under this Agreement. Termination pursuant to this section may result in forfeiture by the grantee of any funds retained pursuant to CalRecycle’s 10 percent retention policy.

Time is of the Essence
Time is of the essence to this Agreement.

Tolling of Statute of Limitations
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of this Agreement or to recover any amounts determined to be owing to

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) CalRecycle’s Non-Competitive Grant Terms and Conditions – Revised 3/30/21 14 CalRecycle as the result of any audit of the grant covered by this Agreement shall be tolled during the period of any audit resolution, including any appeals by the grantee to the Director.

Union Organizing
By signing this Agreement, the grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union organizing by employees performing work under this Agreement. (B) If the grantee makes expenditures to assist, promote, or deter union organizing, the grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request.

Venue/Choice of Law
(a) All proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. (b) The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder.

Waiver of Claims and Recourse against the State
The grantee agrees to waive all claims and recourse against the state, its officials, officers, agents, employees, and servants, including, but not limited to, the right to contribution for loss or damage to persons or property arising out of, resulting from, or in any way connected with or incident to this Agreement. This waiver extends to any loss incurred attributable to any activity undertaken or omitted pursuant to this Agreement or any product, structure, or condition created pursuant to, or as a result of, this Agreement.

Work Products
Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan. Grantee shall also provide CalRecycle with copies of all public education and advertising material produced pursuant to this Agreement.

Workers’ Compensation/Labor Code
The grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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Attachment: SB 1383 Local Assistance Terms and Conditions FY21-22 (2) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 1
January 2022
Amended April 2022
Department of Resources Recycling and Recovery
Exhibit B
Procedures and Requirements
SB 1383 Local Assistance Grant
Program
First Round Funding
Fiscal Year 2021–22
Copies of these Procedures and Requirements must be shared with both the Grantee’s Finance Department and the staff responsible for implementing the grant activities.

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 2
Table of Contents
Introduction ................................................................................................................... 3 Milestones...................................................................................................................... 3 Grants Management System (GMS)............................................................................. 3 Accessing the Grant .................................................................................................... 4 Contact Updates.......................................................................................................... 4 Prior to Commencing Work.......................................................................................... 5 Reliable Contractor Declaration................................................................................... 5 Grant Term..................................................................................................................... 6 Eligible Costs............................................................................................................... 6 Ineligible Costs ............................................................................................................ 7 Modifications................................................................................................................ 8 Acknowledgements...................................................................................................... 8 Reporting Requirements.............................................................................................. 9 Electronic and Original Signatures............................................................................... 9 Progress Report......................................................................................................... 10 Final Report ............................................................................................................... 10 Grant Payment Information........................................................................................ 10 Expenditure Itemization Summary and Documentation ......................................... 11 Unspent Funds....................................................................................................... 12 Audit Considerations.................................................................................................. 12

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 3
Introduction
The Department of Resources Recycling and Recovery (CalRecycle) administers the SB 1383 Local Assistance Grant Program. These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, and records and audit requirements.

This document is attached to, and incorporated by reference, into the Grant Agreement.

Milestones
April 1, 2022: Grant Term Begins: Date CalRecycle sends the award email October November 3, 2022: Expenditure Itemization Summary 1 Due  Covering expenses from April 1, 2022, the Grant Term Start Date through October November 2, 2022
April May 3, 2023: Expenditure Itemization Summary 2 Due  Covering expenses from October November 3, 2022, through April May 2, 2023
October November 2, 2023: Expenditure Itemization Summary 3 Due  Covering expenses from April May 3, 2023, through October November 1, 2023
April May 2, 2024: Expenditure Itemization Summary 4 Due  Covering expenses from October November 2, 2023, through May 2, 2024 April May 2, 2024: Final Report Due
 Covering activities from April 1, 2022 the Grant Term Start Date through April May 2, 2024
April May 2, 2024: Grant Term End
Note: These dates are subject to change. If they change, Grant Managers will notify the Awardees immediately.

Grants Management System (GMS)
GMS is CalRecycle’s web-based grant application and Grants Management System.

Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS.

Establish or manage a WebPass at CalRecycle’s WebPass page (https://secure.calrecycle.ca.gov/WebPass/).

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 4
Accessing the Grant
Grantees must log in to GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After logging in, locate the grant in the My Awarded/Open Grants table and select the Grant Management link. The Grant Management Module includes the following sections:
 Summary tab: Shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.)  Payment Request tab: Grantee uploads expenditure documentation.  Reports tab: Grantee uploads required reports.
 Documents tab: Grantee uploads all other grant documents that are not supporting documents for an expenditure or a report. This section also provides access to documents that were uploaded within other sections of GMS.

Follow the instructions in GMS to work in the system. The following sections describe the reports, transactions, and supporting documents CalRecycle requires.

Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application Module with the “Allow Access” check box marked. A contact may be listed but not granted access by not checking the box. Please note, if a contact is granted access to a grant, they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information.

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 5
Prior to Commencing Work
Prior to commencing work under this grant, the grantee’s Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee’s compliance with these requirements is a major focus of grant audits.

Reliable Contractor Declaration
Prior to authorizing a contractor or subcontractor to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor or subcontractor, signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in section 17050 of Title 14 (https://www.calrecycle.ca.gov/Laws/Regulations/Title14/), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor or subcontractor. The grantee must submit this form for each contractor and subcontractor working under the grant.

If a contractor or subcontractor is placed on the CalRecycle Unreliable Contractor List (https://www.calrecycle.ca.gov/Funding/Unreliability/) after award of this grant, the grantee may be required to terminate the contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's Grant Forms web page (https://www.calrecycle.ca.gov/Funding/Forms/).

The grantee must upload a scanned copy of each signed Reliable Contractor Declaration form in GMS. To upload the form:

1. Go to the Reports tab.

2. Click on Reliable Contractor Declaration under Report Type.

3. Click the Add Document button.

4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save.

5. Click on the Submit Report button.

For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 6
Grant Term
The Grant Term begins on the date CalRecycle sends the award email April 1, 2022 and ends on April May 2, 2024. The grantee must make all grant-eligible program expenditures and incur all grant-eligible costs within this period. Expenditures made or costs incurred prior to April 1, 2022 the grant term start date or after the grant term end date will be considered ineligible.

The Final Report, final Expenditure Itemization Summary, and Certification Document are due on April May 2, 2024.

Eligible Costs
Grantees may incur eligible costs only during the Grant Term, which starts on the date CalRecycle sends the award email and ends on May 2, 2024 April 1, 2022 and ends April 2, 2024. All grant expenditures must be for activities, products, and costs specifically included in the approved Budget. Costs must be incurred after the term start date. All services must be provided and goods received during this period in order to be eligible costs.

Eligible costs include:
 Personnel
 Consultants
 Safety Equipment
 Vehicles/Trucks
o For compost procurement activities - Vehicles/tractors, turf tires, forklifts or compost slingers
Note: The Grantee needs to own and control the vehicle, however they may allow participants to use the vehicle for grant implementation purposes only.  Education and Outreach materials
o Print Media
o Television, radio, video, and social media
o Materials offered in other languages
 Door-to-Door Outreach
 Signage
 Recordkeeping or tracking software
o Software to match donor with food bank
o Recordkeeping/reporting software
o Procurement tracking software
o Apps for food recovery
 Inspections and Enforcement
 Training
 Tablet/Electronic Devices (seven inches or more measured diagonally) used for the purposed of organic tracking and Education and Outreach o Maximum price of $500 (excluding sales tax) and limit to one (exceptions may be approved on a case-by-case basis)
o Accessories used for security, protection, and charging

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 7
 Equipment
o For larger items, The Grantee needs to own and control the equipment, however, they may allow participants use of said equipment for grant implementation purposes.
 Bins (green and blue only) and lids
o Includes, but is not limited to, curbside, small household food waste pail, labeling, and liners
 Procurement of recovered/recycled organic products
 Equipment
o Food distribution - included refrigeration, coolers, and packing materials Ineligible Costs
Any costs not specifically included in the approved Budget and not directly related to grant implementation will be considered ineligible. The grantee should contact the Grant Manager if clarification is needed.

Ineligible costs include, but are not limited to:
 Costs incurred prior to April 1, 2022 the Term Start Date or after April May 2, 2024
 Development, purchase, or distribution of strictly promotional give-away items Stuff We All Get, (SWAG) (https://www.calrecycle.ca.gov/Funding/SWAG/)  Purchase or lease of land or buildings
 Equipment or services not directly related to grant implementation  Food dehydrators or liquefiers
 Disposal costs
 Costs currently covered by or incurred under any other CalRecycle loan, grant, or contract
 Cell phones
 Purchase of data plans and/or mobile service plans/hotspots  Costs related to website host and web page domain
 Audit expenses
 Sponsorship or licensing fees for events/programs
 Out-of-state travel
 Conferences and symposiums
 Food or beverages (e.g., as part of meetings, workshops, or events)  Travel costs exceeding the state-approved rates for mileage, per diem, lodging, etc.
o Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) for travel policies.
o Reimbursement rates are subject to change at any time by the State of California without prior notification.
 Personnel costs not directly related to grant activities  Fines or penalties due to violation of federal, state, or local laws, ordinances, or regulations
 Any costs for construction projects by charter cities prohibited by Labor Code section 1782
 Any costs not consistent with local, state, or federal laws, guidelines, and regulations

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 8
 The total amount of indirect costs charged to the grant shall not exceed 10 percent of the grant funds reimbursed. These costs are expenditures not capable of being assigned or not readily itemized to a particular project or activity but considered necessary for the operation of the organization and the performance of the program. The costs of operating and maintaining facilities, accounting services, and administrative salaries as well as contractor’s indirect costs in their contracts, are examples of indirect costs. All indirect costs charged to the grant must be associated with grant activities.
 Costs deemed unreasonable or not related to the project by the Grant Manager Modifications
The grantee must submit any proposed revision(s) to the project in writing to the Grant Manager. The grantee may not incur costs or make expenditures based on the revision without first receiving the Grant Manager’s written approval. Proposed revisions must be accompanied by a summary of proposed changes or modifications, including justification for the proposed changes. If approved, the Grant Manager will upload the final revised changes to GMS and notify the grantee. The grantee should retain the approval document(s) for audit purposes. See the “Audit Record/Access” section of the Terms and Conditions (Exhibit A).

Acknowledgements
The grantee shall acknowledge CalRecycle’s support each time a project is funded, in whole or in part, by this Agreement is publicized in any medium, including news media, brochures, or other types of promotional materials. The acknowledgement of CalRecycle’s support must incorporate the CalRecycle logo. Initials or abbreviations for CalRecycle shall not be used. The Grant Manager may approve deviation from this requirement on a case-by-case basis where such deviation is consistent with CalRecycle’s Communication Strategy and Outreach Plan.

The following items require acknowledgement of funding from CalRecycle and preapproval from the CalRecycle Grant Manager prior to incurring the expense:
 All television, radio and video scripts
 Functional premiums, if the per unit price is greater than $6.00  Advertisements
 Audio and/or visual material
 Brochures
 Newspaper ads
 Pamphlets
 Other outreach
All publicity and education materials must include the following:

1. “Funded by a grant from CalRecycle.” Exception: The acknowledgement line is not required on small items where space constraints would not allow for this line or if it would interfere with the message.
o There are two acceptable Spanish translations: “Financiado por una beca del CalRecycle” or “Patrocinado por fondos del CalRecycle.” For other languages, the Grantee must work with a certified translator or person fluent in reading and writing that language. All exceptions must be preapproved in writing by the CalRecycle Grant Manager.

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 9

2. CalRecycle logo (https://www.calrecycle.ca.gov/gallery/) as reflected on the CalRecycle website, can be obtained from the Office of Public Affairs at [email protected].

3. Press Releases – the only requirement is to place the name of “CalRecycle” as an acknowledgement in the body of the release.

Reporting Requirements
The Grant Agreement requires a Final Report; however, the Grant Manager may require additional status information at any time during the Grant Term. Failure to submit the Final Report with appropriate documentation by the due date may result in forfeiture by the grantee of any unspent funds received under this agreement, and repayment of all funds to CalRecycle.

The grantee must upload all reports in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above).

To upload a report:

1. Go to the Reports tab.

2. Click on the appropriate Report Type.

3. Click on the Add Document button.

4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save.
 Select the Back button to upload another document and continue the process until all required documents as listed below are uploaded.  The maximum allowable file size for each document is 35MB.

5. Click the Submit Report button to complete your report submittal. The Submit Report button will not be enabled until all required reporting documents are uploaded.

Failure to comply with the specified reporting requirements may be considered a breach of the Grant Agreement and may result in the termination of the Grant Agreement, and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. The grantee must report any problems or delays immediately to the Grant Manager.

Electronic and Original Signatures
CalRecycle now allows for certified e-Signature or original wet signature on documents or forms that certify legally binding information.

Note: E-signatures must include the first and last name of the Signature Authority, be in the Adobe Digital ID format (or through another certified digital signature program) and cannot be the “Fill and Sign” function within Adobe. Any documents using the “Fill and Sign” method is considered incomplete and may be sent back to the grantee.

If you have questions, email [email protected].

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 10
Progress Report
Grantees with awards over $1,000,000 will need to collect and submit information on any jobs created or paid by the grant on a bi-annual basis. Grant Managers will work with Grantees on when and how to submit the information. CalRecycle will provide a report template at a later date. Progress reports must include the following:
 Jobs
o Provide number of jobs created and paid for in whole or in part by this grant during the reporting period. Include job title or classification, job permanence, total project work hours, hourly pay rates or salaries, as well as benefits from the job, such as healthcare, paid vacation or sick leave and hiring strategy.
 Jobs provided to members of Priority Populations.
o In addition to the item, above, provide the same jobs information for any positions filled by members of priority populations. More information about Priority Populations can be found at California Air Resources Board Priority Population Investments webpage (www3.arb.ca.gov/cc/capandtrade/auctionproceeds/communityinvestm ents.htm).

Note: This requirement is subject to change at CalRecycle’s discretion. If any reporting requirement changes, Grant Managers will notify the Awardees.

Final Report
The Final Report is due April May 2, 2024 (report template will be provided at a later date). This report should cover grant activities from April 1, 2022 the Term Start Date through April May 2, 2024. The grantee must include the following items in the Final Report:

1. The Grant Number, grantee’s name, and Grant Term.

2. The following disclaimer statement on the cover page:
“The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery (CalRecycle), its employees, or the State of California. The state makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text.”
Note: This requirement is subject to change at CalRecycle’s discretion. If any reporting requirement changes, Grant Managers will notify the Grantees.

Grant Payment Information
 CalRecycle will make grant payments to only the grantee. It is the grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services. CalRecycle will make payments to the grantee as promptly as fiscal procedures permit.
 The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (https://www.calrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by the grantee’s contractors and subcontractors in accordance with the “Reliable Contractor Declaration” section of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 11
commencement of work. See the “Reliable Contractor Declaration” section in Terms and Conditions (Exhibit A) for more information.

Expenditure Itemization Summary and Documentation
The grantee must submit the EIS and Certification Document (a template will be provided at a later date) in GMS. For further instructions regarding GMS, including login directions, see the “Grants Management System” section (above). Please refer to the “Milestones” section (above) for required due dates.
 Expenditure Itemization Summary (EIS)
o All expenditures must be itemized and arranged by the reporting and expenditure categories as contained in the grantee’s Budget tab. o Grantees are required to maintain supporting documentation pertaining to the EIS and may be required to provide them at the request of the Grant Manager at any time.
 Certification Document
o The Signature Authority will need to certify under penalty of perjury that information provided in the EIS is correct.

Note: This requirement is subject to change at CalRecycle’s discretion. If any expenditure reporting requirement changes, Grant Managers will notify the Awardees.

Failure to submit the EIS and Certification Document by the due date may result in the forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

To submit an EIS:

1. Go to the Payment Request tab.

2. Click on the Create a Payment Request button.
a. Choose Advance Reconcile for the Transaction Type and enter the amount spent in each budget subcategory.
b. When the transaction is complete, click the Save button. c. After the transaction is saved, the Upload Supporting Documents button will appear in the lower right corner.

3. Click the Upload Supporting Documents button.
a. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. b. Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded.
c. The maximum allowable file size for each document is 35MB.

4. Click the Submit Transaction button, located on the transaction page, to complete your payment request. The Submit Transaction button will not be enabled until all required supporting documents are uploaded.

Note: Once a transaction is saved, select the transaction number from the Payment Request tab to access it again. Please do not create multiple transactions for the same requested funds.

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Procedures and Requirements
SB 1383 Local Assistance Grant Program (FY 2021–22) - First Round Funding Amended April 2022 12
Unspent Funds
Funds that are unspent at the end of the grant term must be returned by check to CalRecycle by June 15, 2024 May 16, 2024. Checks should be made payable to the Department of Resources Recycling and Recovery. Checks must contain the Grant Number (i.e., OWR1-21-xxxx), specify “SB 1383 Local Assistance Grant Unspent Funds,” and be mailed to:

CalRecycle Accounting
SB 1383 Local Assistance Grant Unspent Funds
PO Box 4025
Sacramento, CA 95812-4025
Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future grant and payment program funding. If there are questions or other issues related to expenditures, work with your Grant Manager to resolve these issues.

Audit Considerations
The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after Final Report approval date or Grant Term end date, whichever is later. CalRecycle may stipulate a longer period of records retention in order to complete any action and/or resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later.

Examples of audit documentation include, but are not limited to, competitive bids, grant amendments, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, Expenditure Itemization Summary forms, payment supporting documentation, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices, and cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information.

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Attachment: Procedures and Requirements (1) - Amended 4.22 (1) (5024 : Approval to Accept SB 1383 Local Assistance Grant (LAG)) Joint Special Council/BFPD
06/20/22 07:00 PM
Environmental Services
Jessica Reed
Contract
Doc ID: 5030

COUNCIL AGENDA ITEM
AGENDA MATTER:

AMENDMENT NO. 8 TO WASTE DISPOSAL AGREEMENT (WDA) SETTING A RATE CAP EXECUTIVE SUMMARY:

In order to maintain a buffer between the WDA rate and the County landfill gate rate, the County is proposing a cap to the WDA rate via Amendment No. 8 to the Waste Disposal Agreement with San Bernardino County.

DISCUSSION:

As a result of concerns raised by some of the Waste Disposal Agreement (WDA) cities regarding the contractual rate increase of 14% for FY 2022-23, the County Administrative Office and Public Works evaluated the rate methodology and financial needs of the County waste system to determine whether an adjustment was possible.

A recommendation was made that the County propose a cap to the WDA rate in order to maintain a buffer between the WDA rate and the County’s posted gate rate (the rate paid at the landfill). The County believes this solution addresses the current rate, as well as puts a mechanism in place for the future to prevent compaction with the standard gate rate that self-haulers pay.

An analysis of the WDA rate compared to the gate rate since the inception of the WDAs showed an average difference of approximately 15%. Therefore, the County proposes that the annual WDA rate be adjusted so it cannot exceed 85% of the Board approved gate rate for the proposed rate year. Currently, the posted gate rate is $47.94 for 2022-23. Thus, the WDA rate would be capped at $40.75 for the same 2022-23 rate year. The WDA amendment, once approved by all City Councils and Board of Supervisors, would reduce the current calculated 2022-23 WDA rate of $43.41 to $40.75.

In exchange for capping the WDA rate, the County is requesting that the WDA cities/towns commit to remaining in the WDA with no provision to terminate without cause, for the remainder of the WDA term. In order to implement this timely, they are asking for Council approvals before July 1, 2022.

Attached is a copy of the WDA Amendment No. 8, along with a redline version showing the change made. During the preparation of the amendment, it was discovered that page 2 of the contract, Item #2 which amended Section 4.2 of the Agreement, contained an error. It was brought to the County’s attention that the Escalating Portion of the Contract Rate should be $17.63 instead of $27.13. This mistake was also in last year’s amendment, and the intent was to leave the calculation of the escalation the same as was in the original contract. This Amendment, however, caps that rate and lowers the original calculated rate for FY 2022-23 to $40.75. This correction will ensure that future rate adjustments are correct according to the contract language.

FISCAL IMPACT:

Estimated revenue for FY 2022-2023 is $30,000 as a result of the shared revenue received from InCounty Non-WDA users.

RECOMMENDED ACTION:
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Joint Special Council/BFPD
06/20/22 07:00 PM
Environmental Services
Jessica Reed
Contract
Doc ID: 5030

COUNCIL AGENDA ITEM
Approve Amendment No. 8 to the Waste Disposal Agreement with the County of San Bernardino and authorize the City Manager to execute the same.
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AMENDMENT NO. 8 TO THE
WASTE DISPOSAL AGREEMENT NO. 98-590
Redline version
On July 7, 1998, the City of Barstow (“City”) and the County of San Bernardino (“County”) entered into a Waste Disposal Agreement (“WDA”). The parties hereby amend the WDA, on the Effective Date as provided herein, by their respective execution of this agreement (hereinafter “Amendment’).

Recitals
A. The parties have previously entered into the following amendments to the WDA. Amendment No. 1 to the WDA was to implement the “Article 19 Solid Waste” component of the County’s waste management system and define the City’s share of that revenue. Amendment No. 2 was to increase the annual maximum limits of “Article 19 Solid Waste” in the County landfill system. Amendment No. 3 allowed the County to charge the fee of $10.00 per ton (prorated) for identified controllable waste of the City (e.g., roll off container trucks and other County/City vehicles such as pickups and dump trucks) and have such waste subject to being processed in the recycling program. Amendment No. 4 allowed the County to calculate the annual cost of living adjustment earlier in the calendar year. Amendment No. 5 extended the end date of the WDA to June 30, 2016. Amendment No. 6 extended the term of the WDA to June 30, 2021, applied an annual fixed WDA renewal discount adjustment of $0.82 per ton for the term of the WDA, and allowed the County to enter into agreements to accept in-County waste from non-WDA users of the Disposal System at a rate lower than the WDA Contract Rate in exchange for sharing the net revenue generated from those agreements. Amendment No. 7 reset the WDA Contract Rate and extended the term for five (5) years to June 30, 2026.

B. In connection with the ongoing administration of the WDA, the parties have determined it is now in their best interests to cap the WDA Contract Rate in order to maintain a 15% buffer between the WDA Contract Rate and the County’s posted gate rate.

C. This change will assist both the City and the County in planning for future fiscal years’ budgeting of solid waste disposal services and costs by putting a mechanism in place for the future to prevent compaction with the County’s posted gate rate.

NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the Parties agree as follows:

1. Amended Section 4.2 CONTRACT RATE. (A) Generally. This section is amended in its entirety to read:

SECTION 4.2. CONTRACT RATE. (A) Generally. Effective July 1, 2022, the Contract Rate payable by each Franchise Hauler shall be $40.75 per ton, subject to potential adjustment necessary to reflect the circumstances set forth below:
(i) increased costs incurred by the County (in excess of available insurance proceeds) due to the occurrence of one or more Uncontrollable Circumstances, including Changes in Law; and
(ii) escalation during the Term of this Agreement calculated in accordance with Section

4.2(B). In no case will the calculation of escalation exceed 85% of the County approved general public gate rate (currently $59.94 minus the current CDSDP recycling fee of $12.00), as such fees may be amended.

Prior to adjusting the Contract Rate as a result of any of the circumstances described in Section

4.2(A)(i), the County shall utilize the following remedy: reduce the costs of operating the Disposal System to the extent practicable.

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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 - redline2 (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a Any adjustments to the Contract Rate permitted by Section 4.2(A)(i) shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining capacity in the Disposal System. Such adjustment may not reflect circumstances other than the circumstances described in Section 4.2(A)(i).

2. Amended Section 4.2. CONTRACT RATE. (B) Calculation of Escalation. This section is amended in its entirety to read:

SECTION 4.2. CONTRACT RATE. (B) Calculation of Escalation. For purposes of Section 4.2(A)(ii), the Contract Rate shall be adjusted in accordance with the formula described in this Section each July 1 during the term hereof, commencing July 1, 2022. The adjustment shall be calculated in accordance with the following formula:

Contract Rate = Fixed Portion + [Escalating Portion x Index] Where,
Fixed Portion = $10.87
Escalating Portion = $27.1317.63
Index = Price Index, which shall be determined in accordance with the following formula:

I = .7[PPI1/PPI2] +.3[EI1/EI2]
PPI1 = The Producer Price Index, Industrial Commodities Commodity Data, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID WPU03 thru 15 for the month of September in the year prior to the year for which the adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the September 2010 value)
PPI2 = Producer Price Index, Industrial Commodities Commodity Data for the month of September, 1997
EI1 = Employment Cost Index, Total Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Series ID:

CIU2010000000000I for the last quarter of the year preceding the year for which the adjustment is being made (e.g., the adjustment effective July 1, 2011 will use the third quarter, 2010 value)
EI2 = Employment Cost Index, Compensation, Private Industry All Workers, as published at the United States Department of Labor, Bureau of Labor Statistics web site, Table 3, established for the third quarter of 1997.

Effective July 1, 2022, and each July 1 thereafter during the term of the Agreement, the Contract Rate adjustment will be calculated as provided above, except that an annual fixed WDA renewal discount adjustment of $0.82 per ton will be applied after the annual Cost of Living Adjustment (COLA) adjustment.

In no case will the adjustment to the Contract Rate exceed 85% of the County’s approved general public gate rate (without the current CDSDP recycling fee of $12.00), as such fees may be amended. For example, the current County’s posted gate rate is $47.94 ($59.94 minus the $12 CDSDP fee). Therefore, the WDA Contract Rate cannot be more than 85% of that rate, which is $40.75. However, if the County adjusts its posted gate rate in any future year of the term of the WDA, the WDA Contract Rate will be adjusted according to the above calculation formula, including the renewal discount adjustment of $0.82 per ton, up to the maximum of 85% of the newly posted gate rate. If the calculated annual adjustment of any year would exceed the 85%, then the capped maximum amount of 85% will be used. If, however,

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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 - redline2 (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a the posted gate rate does not change, and the WDA Contract Rate is already at the capped 85% amount, the WDA Contract Rate will remain the same for the calculated fiscal year. Any decrease in the calculated adjustment to the Contract Rate, calculated according to the above formula, including the renewal discount adjustment, will be applied to the then WDA Contract Rate.

Please note that, due to timing, in future years where the gate rate is recommended to be increased, the WDA rate notification letter may be delayed until final approval of the gate rate by the Board of Supervisors.

If at any time either the Employment Cost Index or the Producer Price Index is no longer published, or are otherwise unavailable, then the COLA shall be determined by using standard official statistics measuring changes to, respectively, labor costs and cost of materials, as the parties shall mutually agree.

3. Amended Section 5.2 CITY CONVENIENCE TERMINATION. This section is amended in its entirety to read:

SECTION 5.2. CITY CONVENIENCE TERMINATION. In exchange for capping the WDA Contract Rate, the City agrees to commit to remaining a WDA City, with no provision to terminate without cause, for the remainder of the WDA Term.

4. Effective Date. This Amendment shall be effective if and only when all fifteen cities/towns listed on Exhibit A have each adopted and executed a counterpart of this Amendment No. 8 (the amendment number may differ for each city/town listed on Exhibit A) and such amendment has been adopted and executed by the County on or before June 30, 2022. In all events, the conditions in the forgoing sentence shall occur otherwise this Amendment No. 8 shall be null and void and without any effect whatsoever.

5. This Amendment may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment.

The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment upon request.

6. Except as modified in this Amendment (or in any prior Amendment(s)) all other terms and conditions of the WDA shall remain in full force and effect.
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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 - redline2 (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written.

Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jolena Grider, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date

SAN BERNARDINO COUNTY
City of Barstow
(Print or type name of corporation, company, contractor, etc.) By
Curt Hagman, Chairman, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 220 East Mountain View St., Ste. A
Barstow, CA 92311

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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 - redline2 (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a

EXHIBIT A

CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT

WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE 2022
FOR AN AGREEMENT END DATE OF JUNE 30, 2026

1. ADELANTO

2. APPLE VALLEY

3. BARSTOW

4. BIG BEAR LAKE

5. COLTON

6. FONTANA

7. GRAND TERRACE

8. HESPERIA

9. HIGHLAND

10. LOMA LINDA

11. RIALTO

12. TWENTYNINE PALMS

13. VICTORVILLE

14. YUCAIPA

15. YUCCA VALLEY

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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 - redline2 (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a AMENDMENT NO. 8 TO THE
WASTE DISPOSAL AGREEMENT NO. 98-590
On July 7, 1998, the City of Barstow (“City”) and the County of San Bernardino (“County”) entered into a Waste Disposal Agreement (“WDA”). The parties hereby amend the WDA, on the Effective Date as provided herein, by their respective execution of this agreement (hereinafter “Amendment’).

NOW THEREFORE, in consideration of the forgoing recitals and the following covenants and promises the Parties agree as follows:

1. Amended Section 4.2 CONTRACT RATE. (A) Generally. This section is amended in its entirety to read:

Prior to adjusting the Contract Rate as a result of any of the circumstances described in Section

4.2(A)(i), the County shall utilize the following remedy: reduce the costs of operating the Disposal System to the extent practicable.

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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 clean (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a Any adjustments to the Contract Rate permitted by Section 4.2(A)(i) shall be calculated by the County to reflect the actual costs or expenses of addressing the circumstance or circumstances pursuant to which the adjustment is authorized, and shall also reflect, where applicable, the then remaining capacity in the Disposal System. Such adjustment may not reflect circumstances other than the circumstances described in Section 4.2(A)(i).

2. Amended Section 4.2. CONTRACT RATE. (B) Calculation of Escalation. This section is amended in its entirety to read:

Contract Rate = Fixed Portion + [Escalating Portion x Index] Where,
Fixed Portion = $10.87
Escalating Portion = $17.63
Index = Price Index, which shall be determined in accordance with the following formula:

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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 clean (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a the posted gate rate does not change, and the WDA Contract Rate is already at the capped 85% amount, the WDA Contract Rate will remain the same for the calculated fiscal year. Any decrease in the calculated adjustment to the Contract Rate, calculated according to the above formula, including the renewal discount adjustment, will be applied to the then WDA Contract Rate.

3. Amended Section 5.2 CITY CONVENIENCE TERMINATION. This section is amended in its entirety to read:

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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 clean (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized officers or representatives as of the day and year first above written.

Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Jolena Grider, Deputy County Counsel Andy Silao, P.E. Brendon Biggs, Director Date Date Date

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title
Lynna Monell
Clerk of the Board of Supervisors
of San Bernardino County
(Print or Type)
By Dated:

Deputy
Address 220 East Mountain View St., Ste. A
Barstow, CA 92311

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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 clean (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a

EXHIBIT A

CITIES/TOWNS WITH A WASTE DELIVERY AGREEMENT

WITH THE COUNTY OF SAN BERNARDINO
OFFERED THIS AMENDMENT JUNE 2022
FOR AN AGREEMENT END DATE OF JUNE 30, 2026

1. ADELANTO

2. APPLE VALLEY

3. BARSTOW

4. BIG BEAR LAKE

5. COLTON

6. FONTANA

7. GRAND TERRACE

8. HESPERIA

9. HIGHLAND

10. LOMA LINDA

11. RIALTO

12. TWENTYNINE PALMS

13. VICTORVILLE

14. YUCAIPA

15. YUCCA VALLEY

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Attachment: AGR-PW-Waste 6-28-22 Barstow WDA Amend 8 clean (5030 : Amendment No. 8 to Waste Disposal Agreement (WDA) Setting a Joint Special Council/BFPD
06/20/22 07:00 PM
Engineering
Brad Merrell
Resolution
Doc ID: 5048

COUNCIL AGENDA ITEM
AGENDA MATTER:

RESOLUTION INITIATION OF REAFFIRMATION FOR ASSESSMENT DISTRICTS FOR FY 2022/2023 EXECUTIVE SUMMARY:

In accordance with Section 22566 of the Streets and Highways Code, the City must annually reaffirm the active assessment districts located within Barstow. To comply with this requirement, staff recommends that the City Council approve Resolution No. ____-2022 directing the City to present the updated Assessment District Engineer's Report for consideration at a public hearing to be held on July 18, 2022.

DISCUSSION:

In 1988, the City of Barstow approved the formation of the Street Lighting and Flood Control Maintenance District #1 for all new subdivisions, and in 1990, approved the formation of the Landscaping and Street Maintenance District #1.

Annual maintenance and operation costs associated with street maintenance, drainage, street lighting and landscaping are assessed on a pro rata basis to each of the properties within the Maintenance District and are included on the annual property tax statement. The Engineer’s Report indicates all existing assessments to be levied within Maintenance Districts #1. As a result of Proposition 218, assessments may not be increased without a vote of the property owners.

In order to remain active and in accordance with Section 22566 of the Streets and Highways Code, a report shall be prepared for each fiscal year for which assessments are to be levied and collected and the City Council is required to annually reaffirm the assessment districts.

As part of the reaffirmation process, the City Engineer is also required to present an updated Assessment District Engineer’s Report. By approving the attached resolution, the City Council would be directing staff to prepare the report and conduct a public hearing on July 18, 2022 to consider the contents of that report.

FISCAL IMPACT:

None
RECOMMENDED ACTION:

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BARSTOW

DECLARING ITS INTENTION TO AUTHORIZE REAFFIRMATION OF

THE LEVY OF ASSESSMENTS UPON CERTAIN PARCELS OF REAL
PROPERTY WITHIN STREET LIGHTING DISTRICT NO. 1, FLOOD
CONTROL MAINTENANCE DISTRICT NO. 1, LANDSCAPE
MAINTENANCE DISTRICT NO. 1, AND STREET MAINTENANCE
DISTRICT NO. 1, FOR FISCAL YEAR 2022-2023
WHEREAS, pursuant to the requirements of the Landscaping and Lighting Act of 1972 (Streets and Highways Code Section 22500 et seq.) (the “1972 Act”) and the Benefit Assessment Act of 1982 (Government Code Section 54703 et seq.) (the “1982 Act”) the City Council of the City of Barstow, by Resolution No. _____-2022, initiated proceedings for the reaffirmation of the levy of assessments for Fiscal Year 2022-2023 within existing assessment districts designated as “Street Lighting District No. 1”, “Landscape Maintenance District No. 1”, “Flood Control Maintenance District No. 1”, and “Street Maintenance District No. 1” (the “Districts”), and ordered the City Engineer to prepare and file a written report in connection with the proceedings; and WHEREAS, by prior resolution, the City Council approved a written report with respect to the Districts, which report is on file in the Office of the City Clerk and available for public inspection; and
WHEREAS, the City Council desires to reaffirm the levy assessments pursuant to the provisions of the 1982 Act (with respect to the Street Maintenance and Flood Control Maintenance Districts), and the 1972 Act (with respect to the Street Lighting and Landscape Maintenance District), to insure continued financing of the necessary maintenance of certain street lighting, street, sidewalk, flood control and drainage improvements, all for the benefit of those properties within the Districts.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW HEREBY FINDS, DETERMINES, ORDERS AND RESOLVES AS FOLLOWS:
1) That the public interest, convenience and necessity require the continued maintenance and operation of the public street, street lighting, sidewalk, flood control, landscape and drainage improvements for the direct benefit of the properties within the Districts.
2) That the City Council declares its intention to reaffirm the levy and collection of assessments within the Districts to pay for such public street, street lighting, sidewalk, flood control, landscape and drainage improvements.

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Attachment: Attachment A - Resolution (5048 : Resolution Initiation of Reaffirmation for Assessment Districts for FY 2022/2023) 3) That the Districts include all properties in the City of Barstow within the tract maps and parcel maps described in Exhibit A, attached hereto and incorporated herein by this reference. Reference is hereby made to the maps on file in the office of the City Clerk and open for public inspection for a description of the exterior boundaries of the Districts. 4) That the proposed improvements with respect to each of the Districts may be briefly described as follows:

With respect to Street Lighting District: the operation and maintenance of street lights within said district;
With respect to the Street Maintenance District: the operation and maintenance of public streets and sidewalks within said district, including sweeping, striping, signing, crack filling and other pavement maintenance; With respect to the Landscape Maintenance District: the maintenance and servicing of landscaping located in public roadways, streets and rights-of-way within said district;
With respect to the Flood Control Maintenance District: the operation and maintenance of drainage and flood control systems in connection with said district, including open channels, storm drains, inlets and debris basins. 5) That reference is hereby made to the Report of the Engineer entitled “Engineer’s Report, Street Lighting, Flood Control, Landscape & Street Maintenance Benefit Assessment Districts No. 1, Fiscal Year 2021-2022” on file in the office of the City Clerk for a full and detailed description of the improvements, the boundaries of the Districts and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Districts.
6) That the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the maintenance and operation expenses for streets, street lighting, sidewalks, flood control and drainage systems and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 7) That the City Council has determined to fund street lighting services from the assessments for Street Lighting District No. 1 for Fiscal Year 2022-2023.

Under Article XIIID, Section 4, assessments may be levied in Street Lighting District No. 1 for Fiscal Year 2022-2023.

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Attachment: Attachment A - Resolution (5048 : Resolution Initiation of Reaffirmation for Assessment Districts for FY 2022/2023) PASSED, APPROVED AND ADOPTED this 20th day of June, 2022. ___________________________________
Paul Anthony Courtney, Dr. B.A, Mayor
ATTEST:
___________________________
Andrea Flores, City Clerk
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of Resolution No. _____ - 2022, was adopted by said City Council at a regular meeting held on the 20th day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Andrea Flores, City Clerk

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Attachment: Attachment A - Resolution (5048 : Resolution Initiation of Reaffirmation for Assessment Districts for FY 2022/2023) Joint Special Council/BFPD
06/20/22 07:00 PM
Engineering
Domingo Gonzales
Other
Doc ID: 5045

COUNCIL AGENDA ITEM
AGENDA MATTER:

MEASURE I FISCAL YEAR 2021/2022
EXECUTIVE SUMMARY:

In accordance with Measure I fiscal year-end requirements, staff must review the initial Measure I Capital Improvement Plan (CIP) and compare it against the Fiscal Year 2021/2022 Measure I actual expenditures and program list. If there are any variances, staff must submit a report of the differences to San Bernardino County Transportation Authority (SBCTA).

DISCUSSION:

As part of the fiscal year-end, City staff reviewed Measure I CIP adopted September 16, 2021 and compared it against the Fiscal Year 2021/22 Measure I expenditures and project list. In accordance with SBCTA auditor's provisions, staff is adjusting the Measure I Capital Improvement Plan for Fiscal Year 2021/22 to reflect projected Measure I project expenditures per the most current data available (Attachment A).

FISCAL IMPACT:

An adjustment of $111,037 to Measure I local account.

RECOMMENDED ACTION:

Staff recommends that the City Council take the following actions:

1. Approve the necessary adjustments to the Measure I Capital Improvement Projects.

2. Direct staff to forward the report to SBCTA.
8 Packet Pg. 69
Measure I Fiscal 2021/2022
End Review and Adjustments
Attachment A

MEASURE I YEAR-END REVIEW AND ADJUSTMENTS
Five Year CIP Projects
CIP 2021/2022
Amounts
Adjusted
Estimate
Measure I
Calculated
Adjustment
First Avenue Bridge over BNSF - Project Management $ - $ 100,000.00 $ 100,000.00 First Avenue Bridge over Mojave River Project $ - $ 100,000.00 $ 100,000.00 Pavement Management Program $ 33,963.00 $ 33,963.00
West Section 7 Project Phase 2 - Design/Management/Inspection $ - $ - West Section 7 Project Phase 2 - Construction $ - $ -
West Section 7 Project Phase 3 - Design/Management/Inspection $ - $ - West Section 7 Project Phase 3 - Construction $ - $ -
Pavement Rehabilitation Project - Design $ - $ -
Pavement Rehabilitation Project - Construction $ - $ -
Pavement Maintenance $ 850,000.00 $ 50,000.00 $ 900,000.00 Pedestrian and Bicycle Corridors $ -
Trip Debt Payment (including Fees) $ 395,000.00 $ (395,000.00) $ - General Fund 2 Debit Payment $ -
TOTAL: $ 1,245,000.00 $ (111,037.00) $ 1,133,963.00
Pavement Preservation 1 $ - $ -
Pavement Preservation 2 $ - $ -
Pavement Preservation 3 $ - $ -
Pavement Preservation 4 $ - $ -
Pavement Preservation 5
TOTAL: $ - $ - $ -
FY 2021/2022
C:\Users\mchavez\AppData\Roaming\IQM2\MinuteTraq\[email protected]\Work\Attachments\7782

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Attachment: FY 2021-2022 Year-End Update (5045 : Measure I Fiscal Year 2021/2022 - Year End Review and Adjustments) Joint Special Council/BFPD
06/20/22 07:00 PM
Engineering
Brad Merrell
Contract
Doc ID: 5049

COUNCIL AGENDA ITEM
AGENDA MATTER:

APPROVAL TO EXTEND CONTRACT AGREEMENT WITH KLEINFELDER INC. FOR FIRST AVENUE

BRIDGE OVER BNSF
EXECUTIVE SUMMARY:

Staff is requesting approval to extend a contract agreement with Kleinfelder Inc., for the Plans, Specifications and Estimates (PS&E) phase of the North First Avenue Bridge over BNSF.

DISCUSSION:

On October 20, 2015, the City Council approved a contract for approximately five years. The contract reached the end of the term on October 20, 2020. The consultant has continued to provide services for the PS&E phase of the project. The consultant has worked diligently to complete this phase but has encounter several delays such as tri-party agreement, property acquisition, and state approvals. Staff is requesting the City Council formally extend the services for an additional five (5) years and two (2) months term with a new termination of December 20, 2025. This action will extend the contract to the end of construction period and will allow the consultant to respond to any design or specification clarification needed from project manager(s), contractors, San Bernardino County Transportation Authority (SBCTA), or City staff.

FISCAL IMPACT:

No additional funds have been requested.

RECOMMENDED ACTION:

AMENDMENT TO CONTRACT AGREEMENT
Project 2010-14, Amendment 2
THIS AMENDMENT (“Amendment”) is made as of this 20th day of June, 2022, by and between the CITY OF BARSTOW (“City”) and Kleinfelder Inc. (“Consultant”).

RECITALS
WHEREAS, on October 20, 2015, the City and Consultant entered into an Agreement (“Agreement”) for the Consultant to provide Plans, Specifications, and Estimates (PS&E) phase of the North First Avenue Bridge over the BNSF Project; and
WHEREAS, the Parties have continued to perform under the terms of the Agreement after its October 20, 2020 purported expiration; and
WHEREAS, it is in the interest of both Parties to extend the agreement an additional five years and two months on the same terms as the original Agreement.

NOW THEREFORE, THE CITY AND THE CONSULTANT AGREE AS FOLLOWS:

1. Paragraph “Article IV Performance Period” is amended to read:

A. This contract shall go into effect on June 20, 2022, contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The contract shall end on (December 20, 2025), unless extend by contract amendment.

2. PROVISIONS OF AGREEMENT. All other terms, conditions, and provisions of the Agreement to the extent not modified by this Amendment, shall remain in full force and effect. “City”
City of Barstow
“Consultant”
Kleifelder, Inc.

By: By:

Signature Signature
Printed: Printed:

Title: Title:

Date: Date:

Approved as to form:

By:

Matthew T. Summers, City Attorney
Date:

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Attachment: AMENDMENT 2 TO CONTRACT AGREEMENT (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
NORTH FIRST A VENUE, BARSTOW Overhead Replace (Br. No. 54C-0088)

PLANS, SPECIFICATION & ESTIMATES (PS&E) DOCUMENT CONTRACT LOCAL AGENCY:

CONSULT ANT:

Article
Article I
Article II
Article III

CITY OF BARSTOW
KLEINFELDER INC.

TABLE OF CONTENTS
Subject
Introduction ............................................. .............................................. .................................... 2 Statement of Work ..................................................................................................................... 2 Consultant's Reports or Meetings ........................................................................................... 19 Mandatory Fiscal and Federal provisions (Verbatim):

Article IV Performance Period ................................................................................................................. 19 Article V Allowable Costs and Payments ............................................................................................... 20 Article VI Termination ............................................................................................................................. 20 Article VII Cost Principles and Administrative Requirements .................................................................. 21 Article VID Retention of Records/ Audit.. ................................................................................................... 21 Article IX Audit Review Procedures ........................................................................................................ 21 Article X
Article XI
Article XII
Article XIII
Article XIV
Article XV
Article XVI
Article XVII
Subcontracting ........................................................................................................................ 22 Equipment Purchase ................................................................................................................ 23 State Prevailing Wage Rates ................................................................................................... 23 Conflict of Interest .................................................................................................................. 23 Rebates, Kickbacks or other Unlawful Consideration ............................................................ 24 Prohibition of Expending Local Agency State or Federal Funds for Lobbying ..................... 24 Statement of Compliance ........................................................................................................ 25 Debarment and Suspension Certification ................................................................................ 26 Miscellaneous provisions:

Article XVIII Funding Requirements ............................................................................................................ 26 Article XIX Change in Terms ..................................................................................................................... 26 Article XX Disadvantaged Business Enterprises (DBE) Participation ...................................................... 27 Article XXI Contingent Fee ........................................................................................................................ 28 Article XXII Disputes ................................................................................................................................... 28 Article XXIII Inspection of Work .................................................................................................................. 28 Article XXIV Safety ...................................................................................................................................... 28 Article XXV Insurance ................................................................................................................................. 28 Article XXVI Ownership of Data .................................................................................................................. 29 Article XXVII Claims Filed by LOCAL AGENCY'S Construction Contractor ............................................ 30 Article XXVIII Confidentiality of Data ............................................................................................................ 30 Article XXIX National Labor Relations Board Certification ........................................................................ 30 Article XXX
Article XXXI
Article XXXII
Article XXXIII
Article XXXIV

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract

ARTICLE I - INTRODUCTION
City of Barstow
Kleinfelder
A. This contract is between the following named, hereinafter referred to as, CONSULT ANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the "CONSULT ANf" is as follows: Kleinfelder Inc (KLF).

Incorporated in the State of California
The Project Manager for the "CONSULT ANf" will be Andrew Sanford, P.E The name of the "LOCAL AGENCY" is as follows: City of Barstow The Contract Administrator for LOCAL AGENCY will be Domingo D. Gonzales B. The work to be performed under this contract is described in Article II entitled Statement of Work and the approved CONSULTANf's Cost Proposal dated July 30, 2015. The approved CONSULTANT's Cost Proposal is attached hereto (Attachment I) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this contract, this contract shall take precedence.

C. CONSULT ANT agrees to indemnify and hold harmless LOCAL AGENCY, its officers, agents, and employees from any and all claims, demands, costs, or liability arising from or connected with the services provided hereunder due to negligent acts, errors, or omissions of CONSULTANT. CONSULTANT will reimburse LOCAL AGENCY for any expenditure, including reasonable attorney fees, incurred by LOCAL AGENCY in defending against claims ultimately determined to be due to negligent acts, errors, or omissions ofCONSULTANf.

D. CONSULT ANT and the agents and employees of CONSULT ANT, in the performance of this contract, shall act in an independent capacity and not as officers or employees or agents of LOCAL AGENCY.

E. Without the written consent of LOCAL AGENCY, this contract is not assignable by CONSULT ANT either in whole or in part.

F. No alteration or variation of the terms of this contract shall be valid, unless made in writing and signed by the parties hereto; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

G. The consideration to be paid to CONSULTANf as provided herein, shall be in compensation for all of CONSULTANT's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II-STATEMENT OF WORK
A. PROJECT DESCRIPTION
This project proposes to replace the existing North First Avenue, Barstow Overhead (Br. No. 54C-0088) over BNSF Railway's North Rail Yard in the City of Barstow. Currently the Barstow Overhead has a Sufficiency Rating (SR) of 3.0, and is listed as Structurally Deficient. A Highway Bridge Program (HBP) application for the replacement of this structure was submitted in March 2011 and was approved in March 2012. Kleinfelder (KLF) is preparing the necessary environmental documents and securing the permits for construction of the new Barstow Overhead structure. As part of Phase I KLF is preparing a technical report documenting all preliminary engineering work performed supporting the environmental documentation. KLF is also responsible for right of way engineering, utility coordination support, and railroad coordination and support as part of Phase I. As part of Phase II, KLF will prepare the plans, specifications, and estimates (PS&E), and provide design support during bidding and construction.

The existing North First Avenue, Barstow Overhead carries two-lanes of traffic over the BNSF classification rail yard (one lane in each direction). It is a 29-span bridge supported on timber stringer, three (3) steel through trusses, and built up plate girders, with a total length of 1164 feet. The General Plan Classification of North First

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) PJans, Specification & Estimates Document Contract
City of Barstow
KJeinfeJder
Avenue is an urban minor arterial. The Barstow Overhead is on the eligible bridge list for the Local Seismic Safety Retrofit Program (LSSRP). The project is programmed to receive HBP (federal) .funds.

The preliminary engineering, which supports the environmental document for the replacement of the existing bridge, has identified a 2-lane replacement structure located off alignment and west of the existing bridge as the preferred alternative. This alignment will allow the existing bridge to remain open during construction which eliminates staging costs. The following proposal for Phase II, III, and IV is based on this alignment.

B. LOCATION
The project site is located on North First Avenue over the BNSF north rail classification yard in the City of ,Barstow. Below is a vicinity map of the proposed project. ~.J,
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October 1, 2015
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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
C. COORDINATION
City of Barstow
Kleinfelder
KLF shall coordinate with other involved agencies for compatible design and phasing of construction with existing conditions. Coordination may include, but will not necessarily be limited to the following:

Federal Highway Administration (FHW A)
San Bernardino County Departments
Utility Companies
Regulatory Agencies including:

U.S. Army Corps of Engineers (USACE)
California Department of Fish and Wildlife (CDFW)
Regional Water Quality Control Board (RWQCB)
Caltrans
City of Barstow
BNSF Railway
U.S. Fish and Wildlife Service (USFWS)
California Public Utility Commission (CAPUC)
CAL TRANS may exercise review and approval function through the CITY PROJECT MANAGER at key points in the development process. All contacts with CAL TRANS will be directed through the CITY. Milestone PROJECT design reviews will be performed for the specific products and deliverables listed herein. The CITY PROJECT MANAGER will conduct these reviews, in addition to the monthly project status reports and meetings.

All meetings with other outside agencies will be scheduled by KLF with approval of CITY.

D. PHASES
The following Phases are covered under this Scope and Fee proposal:

Phase II - Plans, Specifications, and Estimates (PS&E)
Phase III- Construction Bidding and Award Support
Phase IV - Design Support during Construction
Phases II will proceed once written notice to proceed from the City of Barstow has be received. The remaining phases will not proceed until authorized in writing by City of Barstow.

The project schedule is assumed to be up to 18 months to complete for Phase II and III. Project management and PDT meeting times have been based on this assumption.

E. Standards
The PS&E shall be prepared in accordance with current CAL TRANS regulations, policies, procedures, manuals, and standards including compliance with Federal Highway Administration (FHW A) requirements and/or CITY and COUNTY Road Standards as appropriate. Improvements of local roads may be prepared in accordance with CITY standards in lieu of CAL TRANS standards as directed by the CITY PROJECT MANAGER. KLF will prepare fact sheets for City approval, documenting the exceptions to mandatory and advisory design standards.

All documents shall be prepared using English Standard Units and dimensions.

Design
The Roadway design shall be in accordance with the current CAL TRANS Highway Design Manual and its revisions and/or CITY Road Standards as appropriate. Traffic design shall be in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) and the California Supplement. Basic PS&E design shall be in accordance with the approved Technical Report and final Environmental Document including any supplements and/or updates.

PS&E
Plans and specifications shall be prepared in conformance with CITY requirements. As part of the work involved in the preparation of the PS&E, the ENGINEER shall prepare and furnish to CITY special provisions for items of work included in the plans which are not covered in the Standard Specifications or CAL TRANS-approved SSPs.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
Bridge plans shall be prepared in accordance with the current editions of the AASHTO LRFD Bridge Design Specifications, manuals, aids, and guidelines of California Department of Transportation, Division of Structures, and BNSF guidelines. CITY title blocks shall be used in preparation of bridge plan sheets.

Roadway plans shall be prepared electronically in conformance with the CAL TRANS Plan Preparation Manual and the CALTRANS CADD User's Manual of Instructions. Roadway plans shall be prepared with AutoCAD.

All Roadway plans shall be on single sheet files. Graphic files shall be two-dimensional and shall conform to the CALTRANS data format as defined in CALTRANS CADD User's Manual of Instructions. One set of roadway plans on vellum and one electronic version on compact disc shall be provided with the final PS&E submittal.

Special Provisions shall be prepared using Microsoft Word conforming to CAL TRANS format and content.

ENGINEER shall coordinate with CITY staff regarding procedures for specification and special provision preparation prior to commencing preparation of specifications. CITY Project Manager and the staff will provide the boiler plate special provisions to be reviewed and included with technical special provisions by ENGINEER.

City Project Manager will also provide the format to be used for Engineer's Estimate. This format shall be strictly adhered.

Project Files
Project Files shall be indexed in accordance with CALTRANS Project Development Uniform File System.

Items 1 through 3 are not all-inclusive but are intended only to illustrate types of sources.

F. Key Personnel
The ENGINEER has represented to the CITY that certain key personnel will perform the services and if one or more of such personnel should become unavailable, ENGINEER may substitute other personnel of at least equal competence only after prior written approval by the CITY PROJECT MANAGER has been secured. The key personnel for performance of this PROJECT are:

Project Manager
Senior Roadway Engineer
Senior Structures Engineer
Traffic Engineer
All.I • Project Administration
A. Project Management
Andrew Sanford
Jason Valencia
Craig Shannon
Edward Miller
This task includes the day-to-day management of the PROJECT. Project Development Team (PDT) meetings with the CITY PROJECT MANAGER, the California Department of Transportation staff, and other representatives from affected agencies will be held at least once a month. CONSULT ANT shall prepare meeting notes for each meeting and have these available for review at least two weeks prior to each succeeding meeting.

CONSULTANT's Project Management Plan will include a communication plan. The communication plan will consist of a roster of staff involved in the PROJECT and multiple forms of contact for each team member (address, telephone number, e-mail, etc.). The communication plan will also identify lines of communication with levels of responsibility/authority for development of the PROJECT.

B. Budgeting
CONSULTANT will prepare budgets for each task and milestone for the PROJECT. Such budgets will be entered into the CONSULTANT's Management Information System along with actual costs incurred and used as a basis for cost monitoring and control.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
C. Cost Accounting
CONSULT ANT will prepare monthly reports of expenditures for the PROJECT by task and milestone.

Expenditures will include direct labor costs, other direct costs and subconsultant costs. These reports will be included as supporting data for invoices presented to the CITY every month.

D. Scheduling
Within one month from the Notice to Proceed (NTP), CONSULTANT will provide a detailed project schedule, which indicates milestones, major activities, and deliverables, to the CITY for review and comments. This schedule will reflect assumed review times necessary by all of the agencies involved. Review of the schedule will occur at subsequent PDT meetings. Adjustments will be made, if necessary, due to changing circumstances.

E. Progress Reporting
Progress reports and invoices shall be prepared in accordance with CITY guidelines. Reports providing actual physical progress will be required monthly and shall be accompanied by an invoice.

F. Contract Administration
CONSULTANT's PROJECT MANAGER shall maintain ongoing liaison with the CITY PROJECT MANAGER, AGENCY contacts, and utility companies to promote effective coordination during the course of project development.

Progress meetings with ENGINEER's staff, subconsultants, and the CITY PROJECT MANAGER shall be held regularly.

G. Railroad Facility Design
Development of railroad plans for the altering and reconstruction of the BNSF classification yard and the development of the railroad plans for the track mitigation is not included as part of this Scope of Work. It is understood that the City of Barstow will be contracting with BNSF directly for these services.

ATI.2 • Planning and Project Development
A. Project Development Team
A Project Development Team (PDT) including representatives from the CITY, CALTRANS, and other relevant agencies shall be established within fifteen days after NTP.

PDT meetings shall be held monthly to resolve issues and to apprise the affected agencies of the progress of the PROJECT.

The team will participate in monthly PDT meetings as requested by the City. CONSULTANT and KHA 1 have budget for up to 20 PDT meetings during Phase II. ADV ANTEC has budgeted up to IO meetings during the design phase of the project.

B. Design Surveys
CONSULTANT's team has performed field surveys, ground control, photogrammetric mapping, and digital terrain modeling. Additional design surveys are expected and have been included in this Scope of Work which include but are not limited to:
• Research reference maps and control • Perform Land net/Right-of-Way Surveys • Check primary Survey control • Prepare and process Record of Survey Map • Set and survey supplemental control (12) • Review title reports, plot existing easements • Run levels through supplemental control • Prepare plats and legal descriptions (21)

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
• Perform Topographic Surveys • Prepare final right of way map C. Water Quality Study
City of Barstow
Kleinfelder
CONSULT ANT shall prepare a Storm Water Analysis in complete compliance with the latest County guidelines.

The plan will include the following:
• Coordination with the City of Barstow and other local agencies involved regarding water quality requirements
• Coordination with design team and environmental team on locations and size of bioswales, biostrips, and storm water detention basins
KHA will prepare a Storm Water Quality Report, equivalent to Caltrans Storm Water Data Report (SWDR) including:
• Prepare maps
• Prepare report and documentation
• Update the report for final Project Report
Assumptions:
• Assume no additional coordination or processing will be needed with other outside agencies such as RWQCB, SWRCB, etc.
• Attend up to three meetings with the City of Barstow. • Only one Storm Water Quality Report will be required.

Deliverables:
• NPDES Decision Tree
• SWDR or equivalent
D. Geotechnical Services
Field Investigation and Laboratory Testing
The field investigation will consist of 7 borings along the roadway to depths of about 10 feet below existing grade and 8 borings and 3 cone penetration test (CPT) soundings at the bridge supports to depths of about 100 feet.

Shear wave velocity measurement will be performed in the CPTs for use in seismic evaluation. Groundwater levels will be measured and samples of the subsurface materials be collected for laboratory testing. A geologist will map the exposed geology at planned cut slopes. Laboratory testing will consist of grain size distribution, Atterberg Limits, consolidation, direct shear, unconfined compressive strength, and corrosivity.

Geotechnical Design Report
The Geotechnical Design Report (GDR) will be prepared to cover the roadway work and standard plan structures.

The GDR will include a general project description, Boring Location Plan, LOTBs for the Standard Plan Structures, and the results of the field and laboratory testing. Foundation recommendations will be in accordance with the AASHTO LRFD Bridge Design Specifications. The GDR will provide:
• Summary of the existing facilities and subsurface conditions encountered in the borings and CPTs • Copies of the laboratory testing results
• Cut and fill requirements and any special issues regarding groundwater, difficult excavation, expansive soils or other hazards encountered in the borings
• Slope stability analyses on all the new slopes and recommendations for construction

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
• Recommendations for the reuse of excavated materials and volumes of such (swell and/or shrinkage factors to be applied) and the quantity of import/export fill will be estimated • Recommendations for utilities and buried metal conduits based on the results of the corrosion testing • Foundation and construction recommendations for the Standard Plan structures (Sound walls and Standard Plan retaining wall)
• New structural pavement sections and recommendations for connecting into the existing pavement sections
Deliverable: Geotechnical Design Report approved by the City of Barstow Foundation Report
The Foundation Report (FR) will be prepared to cover the bridge structure and will include a general project description, Boring Location Plan, LOTBs for the Structures, and the results of the field and laboratory testing.

Foundation recommendations will be in accordance with the AASHTO LRFD Bridge Design Specifications and Caltrans Memos to Designers. The borings performed for the GDR will be included. The FR will provide:
• Copies of the laboratory testing results
• Seismic Design Criteria
• Structure foundation type and footing elevations
• Any special issues regarding groundwater, difficult excavation, expansive soils or other hazards encountered in the borings
• Specified and design pile tip elevations
• Allowable bearing capacities and other data needed to evaluate the selected foundation • Anticipated fill settlement periods needed to prevent excess differential settlement between the structure and adjacent roadway approaches.
• Design parameters and potential construction difficulties shall be identified and addressed in the FR, together with mitigation measures, as required.
• For the bridge structure, alternative types of foundations shall be evaluated in consultation with the project structural engineer to allow selection of the most suitable type of foundation.

Deliverable: Foundation Report approved by the City of Barstow.

Review Foundation Plan
SCST will review the Foundation Plan for PS&E.

Deliverable: Review letter stating the Foundation Plan conforms to the FR's recommendations.

Prepare LOTB Sheets
SCST will prepare Log of Test Boring (LOTB) sheets for PS&E.

Deliverable: LOTB sheets approved by the City of Barstow.

PHASE II ENVIRONMENT AL SITE ASSESSMENT
SCST conducted an initial site assessment/Phase I Environmental Site Assessment (ESA) for the project in September of 2013. SCST identified the potential for recognized environmental conditions (REC's) within the project boundaries. These REC's are related to the current and historic uses of individual parcels within the property boundaries. In addition, deviations from Phase I ESA ASTM guidelines occurred during the site

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
assessment. These deviations were related to the lack of defined project boundaries, SCST not being supplied with a list of parcels impacted by the proposed project, and lack of access to specific individual buildings and the Burlington Northern Santa Fe Railroad property located within the project boundaries. SCST recommended a Phase II ESA be conducted in accordance with ASTM El903-11 at the site to assess the noted REC's. The Phase II ESA will attempt to assess whether there has been a release of hazardous substances within the project boundaries and provide information relevant to identifying property conditions associated with target analytes that may pose risk to human health or the environment. SCST proposes to:
• Conduct interviews with regulatory agency personnel and appropriate property owners regarding known or suspected REC's on the subject and adjacent properties. • Review readily available documents maintained by regulatory agencies regarding known or suspected releases on the subject or adjacent properties.
• Conduct pre-demolition hazardous materials surveys of on-site structures that will be impacted by the proposed project. Based on our current understanding of the project impact area, a total of nine structures, including an automotive service station, will be directly impacted by the project. • Conduct an asbestos survey by a certified asbestos consultant to confirm the presence or absence of asbestos within existing structures impacted by the project. • Conduct a lead-based paint survey by a certified lead consultant to confirm the presence or absence of lead-based paint within existing structures, including yellow traffic striping on existing roadways impacted by the project.
• Conduct a field reconnaissance for any leaking electrical transformers that may be disturbed during the course of this project. Sampling and analysis will be conducted as appropriate. • Obtain a Right-of-Entry Permit for the portion of the project located within Burlington Northern Santa Fe Railroad property.
• Collect soil and groundwater samples from within the subject property boundaries for analyses regarding chemicals of concern. The soil and groundwater samples will be collected using a truck mounted hollow stem auger drill rig and hand tools. The cuttings generated during the drilling activities will need to be placed in 55-gallon drums and transported to a temporary storage facility pending disposal at an appropriate facility. The temporary storage facility will need to be coordinated with the City of Barstow.

We anticipate 35 drums of cuttings will be generated. Profiling of the drummed material will likely be required by the receiving facility prior to acceptance. As the profiling requirements are not known at this time, the costs associated with drum disposal are not included in the attached table. A separate proposal will be generated for this work.
• Conduct a geophysical survey at the existing automotive service station in an attempt to locate underground storage tanks at the site.
• Review project development plans and results of the interviews and sample analyses in order to evaluate the potential impacts of the REC's on construction.

Prior to the field investigation, ENGINEER shall prepare a plan showing the proposed boring locations. This plan will be submitted to CITY and BNSF for approval and for obtaining encroachment permits to perform the borings. Traffic control will be necessary when drilling some of these borings. ENGINEER shall follow CAL TRANS, BNSF, and CITY traffic control guidelines.

E. Permitting
The CONSULT ANT team anticipates the necessary services will consist of obtaining regulatory permits from the RWQCB and CDFW. The tasks associated with obtaining these permits are outlined below and also include tasks for impact analysis and figure preparation, mitigation strategy and development, and agency coordination and data requests.

USACE Jurisdictional Determination

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
Based on findings from the jurisdictional delineation conducted by ICF on August 13, 2013, it appears that several aquatic features (waters) occurring within areas proposed for project impacts based on current design plans, could potentially be determined not subject to federal jurisdiction under Sections 401 and 404 of the federal Clean Water Act (CWA) through processing an Approved Jurisdictional Determination. If these waters are ultimately determined to not be subject to CW A jurisdiction, a 404 permit from the USACE would not be required for the project. Ultimate determination of the jurisdictional status of these waters will be issued by the USACE. It is assumed that the waters described above will be determined by the USACE to not be subject to federal jurisdiction under Sections 401 and 404 of the CW A. Based on the above this scope assumes that no effort or coordination related to USACE or 404 or 401 permitting will be required. Although not anticipated, if these waters are determined to be CW A jurisdictional by USACE, a scope and cost for obtaining a 404 permit and 401 permit can be provided at the City's request.

Mitigation Strategy Development
Mitigation is typically required for all temporary and permanent impacts to features under federal and state jurisdiction, as applicable, associated with the construction of the proposed project. For the purpose of this scope, we are assuming mitigation will be required. Generally, the regulatory agencies require mitigation that is the same type of features as those impacted and is within the same watershed as the impact areas, and may require the creation, restoration, or enhancement of wetlands or streambeds and associated habitat. This scope of work includes researching and identifying mitigation options. This scope does not include the preparation of a Conceptual Mitigation Plan or Habitat Mitigation and Monitoring Plan. At this time such a Plan is not anticipated. If required by the resource agencies during the permitting process then a scope and fee will be submitted for approval prior to initiating this effort.

RWQCB Application/Report of Waste Discharge
If it is determined that the subject waters are not subject to federal regulation under Sections 401 and 404 of the CWA, a 401 Certification will not be required from the RWQCB for the proposed project impacts. However, the RWQCB will require issuance of a Waste Discharge Requirements (WDR) for activities such as dredging, filling, or discharging materials into Waters of the State (WoS) that are not regulated by the USACE. The State Water Resources Control Board (SWRCB) issued Water Quality Order No. 2004-04-DWQ which established statewide General WDR for projects that involve dredge or fill discharges of 1) less than 0.2 acre and 400-linear feet for fill and excavation discharges, and 2) not more than 50 cubic yards for dredging discharges. Projects that exceed the General WDR thresholds are authorized under a standard WDR, which requires approval by the RWQCB Board.

It is anticipated that proposed project impacts would total 0.206 acre/923 linear feet of WoS, and would require the issuance of a WDR from the Lahontan RWQCB.

A written request for issuance of a standard WDR will be prepared and submitted to the RWQCB for review. The request will include a completed application form, detailed project description, description of project impacts, water quality plan identifying project-specific best management practices provided by the City, CEQA documentation, and a brief description of the mitigation proposal, if deemed applicable. The timing for issuance of a standard WDR is typically 90 to 120 days, but can take longer.

A processing fee must be provided to the RWQCB with the Application/Report. This fee is based on the discharge's threat to water quality and complexity, and will be assessed during preparation of the notification. It is assumed that the City will pay this fee directly.

CDFW 1602 Streambed Alteration Agreement Notification

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
A Lake or Streambed Alteration notification will be prepared and submitted to CDFW for review. The request will include a completed notification form, detailed project description, description of project impacts, CEQA documentation, and a brief description of the mitigation proposal included in the NES.

A processing fee must be provided to CDFW with the notification. This fee is based on the cost of the project and will be assessed during preparation of the notification. It is assumed that the City will pay this fee directly.

Coordination of Processing
The resource agency requests/notifications will be coordinated with RWQCB and CDFW throughout processing to ensure that any potential issues are made known to the project team and resolved at the earliest possible opportunity. Coordination may include telephone, e-mail, or written correspondence, or meetings with the agencies. If additional coordination efforts beyond what can be reasonably expected are required due to unforeseen complications related to the permitting process, then this will be communicated to the City and Kleinfelder and a scope will be provided for approval for this additional effort.

Up to two in-person meetings with RWQCB and/or CDFW have been assumed for this task.

California Rapid Assessment Method Analysis
California Rapid Assessment Method (CRAM) analysis is not included in this scope of work, but a scope for that work will be provided to the City if necessary. At this time it is not assumed that a CRAM will be requested.

Permit Application Fees
It is assumed that any fees would be submitted directly by the City and are not included in this scope and cost.

F. Right of Way and Utilities
Acquisition Services
All acquisition efforts are in conformance with the relevant federal, state and local regulations. Some of the governing laws and requirements include the Uniform Relocation and Real Property Acquisition Policies Act of 1970 as amended, Title 49 Code of Federal Regulations (CFR) Part 24, Title VI of the Civil Rights Act (42 U.S.C. 2000d, et seq.), State of California Eminent Domain law and the Caltrans Right of Way Manual. The following details specific steps involved in the acquisition process:

Title Reports
The Consultant will obtain Preliminary Title Reports for the impacted parcels. Our agents will review each report which will include property characteristics, identify any easements or encumbrances and include copies of all deeds, documents and maps.

Appraisal Services to be provided include:
• Oversight of the appraisal process. Appraisals for each proposed property acquisition are required as an element for the determination of Just Compensation. Appraisals for the estimates of value for proposed property acquisitions must meet the current Uniform Standards of Professional Appraisal Practice (USP AP) requirements.
• A "Notice of Intent to Appraise" will be sent to all property owners expected to have their properties appraised. Appraisers will send introductory letters indicating when the appraiser expects to contact the owner for an appointment to perform the appraisal. When summary appraisal reports are completed and before they are accepted, they are reviewed by The Consultant for accuracy, and regulatory compliance.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
The Consultant will coordinate approval of the Just Compensation with the City prior to preparing the offer packages.

Appraisal Review Services to be provided include:

Before acceptance and approval of the property appraisals, an independent appraisal review is made. The review includes inspecting sales to determine comparability, reviewing appraisal for conformance to Uniform Standards of Professional Appraisal Practice, reviewing "highest and best use" conclusions, examining valuation methods, analyzing exhibits, checking mathematical calculations and preparing a narrative report that describes the review process and sets forth the reasoning behind the review. An appraisal review is recommended to ensure that the appraisal is based on sound appraisal theory, contains appropriate documentation to support the appraisers' conclusions and complies with regulatory codes. A recommendation of Just Compensation is then made based on the reviewed, collected, assembled, correlated and analyzed data.

Document Preparation
The acquisition team will review supporting information, including preliminary title reports, real property appraisals and other pertinent information. A file folder and offer package for each parcel will then be prepared for submission to the City for review and approval. Offer Packages include some or all of the following items:
• Off er Letter
• Appraisal Summary Statement
• List of Fixtures and Equipment to be acquired
• Acknowledgment of Receipt
• Tenant Information Statement
• Purchase Agreement
Negotiations
The following items outline steps The Consultant will take when performing negotiations for acquisitions of the project properties:
• Contact property owner for appointment to make offer. • Present offer to property owner and obtain signed acknowledgment; mail offers to property owners when a personal meeting cannot be arranged (certified mail, return receipt requested). • If property owner does not accept the offer, obtain any information or appraisal data that property owner may have to support their opinion of value. Submit information to City in writing along with The Consultant's recommendation.
• Follow-up with property owner regularly by phone or in person for remainder of negotiation schedule.

Relocation Assistance
The Consultant will prepare and issue the General Information Notice, Notice of Eligibility for Relocation Assistance, and 90-Day Notice to Vacate and other notices. An initial interview with the displacee will address the following: preferred relocation sites, housing needs/number of employees at the location, special moving requirements, equipment calibration, special licensing or zoning needs, permits needed to resume business, required site improvements and any special needs.

Agents will inform displacees of available relocation assistance services, benefits and the relocation assistance program, as well as provide advisory services on an on-going basis and referrals with other agencies. Agents will determine eligibility of each displacee and the amount of relocation benefits, including moving payments, rental/down payment assistance, and replacement housing payments and, to the extent possible, include at least three comparables in the computation, and prepare Entitlement Letter to each displacee. For residential relocations, agents will conduct "decent, safe and sanitary" inspections of comparable replacement dwellings and

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
advise displacee of findings. Agents will also prepare all necessary claim forms, secure displacee's signatures on claim forms and submit claim forms to City for processing. Moving cost estimates will be obtained as needed and the move will be monitored as necessary. Agents will provide status updates of each displacee to the City.

Escrow/Closing Services
Once The Consultant has obtained the property owner and Client's signature on agreement(s) we will open escrow and coordinate escrow requirements. The Consultant will perform title clearance by resolving problems relating to unusual circumstances with regards to title or ownership, addressing exceptions pertaining to property such as mortgage liens, restrictions, easements and rights of way. The Consultant will work with the title company to obtain lender subordination when needed and will obtain a final title policy at the close of the transaction.

Right of Way Certification
The Consultant will obtain right of way certification, which documents that real property interests have been secured and that all right of way activities were conducted in accordance with the applicable policies and procedures. The Consultant will assist in the preparation of the submittal package that will include the certification form and compilation of the necessary backup documents. This package will generally include deeds, resolutions of necessity, final orders of condemnation, access agreements, cooperative agreements and permits among other documents.

Eminent Domain Support
While it is The Consultant's ultimate goal to negotiate a fair settlement between the Client and the property owner, sometimes it is necessary to resolve valuation or design differences in court. If negotiations are unsuccessful, agents will prepare summary memos outlining efforts made and the reason(s) for impasse. The Consultant will send an impasse letter to the property owner(s) and begin eminent domain tasks, including preparation of litigation briefings, recommendations and court testimony as needed. Each contact will be documented (including the date, place and names) and maintained in the parcel file throughout the negotiation process. Parcels requiring condemnation will need Litigation Guarantees (not included in cost proposal).

Utility Relocation Services
The Consultant will determine who has prior rights and identify difficult potential moves and time frames. The goal of early investigation is to minimize conflicts through better/smarter design and to get utility companies to start thinking, planning and preparing early for unavoidable adjustments.

The utility activities are as follows:
• Interview utility owners and confirm the facilities are located as represented in the projects utility maps. • Review the right of way and utility plans to determine liability for relocation. • Determine advance utility alternatives, perform site verifications • Conduct interviews with design team
• Determine utility relocation and easement requirements • Coordinate with City, local agency, Caltrans and utility owners • Review utility owner's relocation plans and coordinate between the utility and the project on an acceptable plan.
• Prepare report of investigations, utility agreements, bridge structure agreements and notices to owners. • Maintain files as provide for in the Caltrans Right of Way Manual, documenting relocations and communications with the utilities involved.
• Provide the utility portion of the Right of Way Certification document.

A utility matrix will be prepared identifying utility owners, descriptions of facilities, dispositions (i.e. protect, relocate, abandon), utility relocation designer and utility contractor, and initial cost liability determinations.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
The Consultant will coordinate the potholing services to determine horizontal and vertical locations of underground utility facilities in accordance with Caltrans policies and procedures. The Consultant's utility coordinator will direct the sub consultant to perform potholing services.

At this time 15 potholes are anticipated and it is assumed that the potholing will be performed by the City of Barstow.

Assumptions:
• Assumes 26 parcels are impacted, with a total of 22 owners. 21 require right of way services and one, which is City of Barstow, will not require acquisition. • Assumes Legal descriptions and Plat maps will be provided by others. • Assumes 14 properties will require relocation assistance. (Assumes 13 residential and 1 business).
• Litigation guarantees are not included but can be provided. • Assumes owners and tenants are cooperative.
• Assumes acquisition offers and relocation assistance can happen concurrently. • Assumes no Phase I or II Site Assessments are required. • Assumes project has no delays and that scope can be completed within 8 months from NTP. • Assumes no litigation support but can be provided.
• 15 potholes estimated - cost will be determined at the time of hiring a potholing contractor. • Hours are based on involvement of 5 utility owners: Golden State Water, SCE, South West Gas, Time Warner Cable, and Verizon.
• If the City of Barstow Sewer is impacted, this will be handled by the Project, and is therefore not included in this estimate.
• Deposition, court testimony and expert witness fees are additional, to be compensated on a time and materials basis.

AII.3 • Structures
A. Structure Type Selection and Bridge General Plans
A Type Selection report including a General Plan, Foundation Plan, Design Memo, Design Checklist and a General Plan estimate for the proposed structures will be submitted for review and approval. Only one alignment alternative will be considered for the bridge type selection. This process will be considered the "Structure Type Selection" process and no further design work shall be performed until written approval of the structure type is received from CITY. A Type Selection Review Meeting may be held in Barstow with the CITY in which the ENGINEER shall be prepared to discuss and provide information on foundation requirements, falsework requirements, seismic and aesthetic considerations, traffic handling, construction cost and other pertinent information that is needed to determine the proper structure type.

Ten copies of the Type Selection report including the proposed General Plan, Foundation Plan, General Plan Estimate, Type Selection Memo and a Vicinity Map shall be submitted for review four weeks prior to the Structure Type Selection Review Meeting. The results of the meeting will be summarized in writing by the ENGINEER within two weeks following the meeting.

Within two weeks after receiving written approval of the proposed General Plan and the structure type, ENGINEER shall furnish the CITY with 8 copies of the approved General Plan.

B. Structural Design and Calculations
Following the Type Selection Meeting and approval of the General Plan, structural design calculations will be prepared in conformance with CALTRANS LRFD design specifications and procedures.

All plans and calculations shall conform to the current CAL TRANS LRFD bridge design criteria and shall be submitted for review and approval.

The scope of this work shall include but not be limited to:

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
Bridge plans and construction details shall be prepared on City of Barstow format plan sheets. Standard Details shall be incorporated into the Contract Plans where applicable.

Each plan sheet shall be signed and stamped by the responsible design engineer who is registered in the State of California. Each design shall be independently checked by a Professional Engineer registered in the State of California.

Environmental Constraints Areas shall be shown in plans (ifrequired in Environmental Document) C. Independent Check Review and Quality Control
An Independent Check review shall be conducted as soon as the initial design is complete. Checking shall include the preparation of an independent set of structural design check calculations and review of the plans and details.

The checker and the designer will resolve any disagreements and concur on any revisions to the contract plans.

D. Structure Specifications & Estimates
Special Provisions will be prepared for items not covered by the CAL TRANS Standard Specifications or Standard Special Provisions (SSP's).

The ENGINEER shall edit Standard Special Provisions (SSPs) and prepare Structure Special Provisions specific to this project which will be incorporated into the final PS&E. These Structure Special Provisions shall be prepared, signed and stamped by a Professional Engineer registered in the State of California.

The ENGINEER shall prepare quantity calculations for bid items and prepare the bridge cost estimate. All contract items used shall be substantiated by calculations. Quantity calculations shall be neat and orderly and shall show all sketches, diagrams and dimensions necessary to allow them to be independently used by field inspectors. All quantity calculations shall be independently checked and substantiated with calculations.

The Construction Cost Estimate will be prepared using the latest available CAL TRANS cost data, CITY cost data and actual recent construction costs in the PROJECT area.

E. INITIAL STRUCTURE PS&E (65% unchecked plans)
The (65%) structure PS&E will be compiled and submitted for review to the CITY. will include the following deliverables:

Unchecked Structures Plans (paper)
Unchecked Structures Plans (electronic)
Draft Foundation Report
Draft Road Plans (paper)
6 sets
1 CD
4 sets
4 sets
F. INTERMEDIATE STRUCTURE PS&E (90% Checked Plans)
The 65% Unchecked Details
The (90%) structure PS&E will be compiled and submitted for review to the CITY. The 90% Intermediate Structures PS&E, will incorporate comments from the CITY, BNSF, and other affected agencies. The 90% Structures PS&E will include the following deliverables:

Checked Structures Plans (paper) 6 sets
Checked Structures Plans (electronic) 1 CD
Draft Road Plans (paper) 4 sets
G. DRAFT FINAL STRUCTURE PS&E (95%)
The draft (95%) structure PS&E shall be compiled and submitted for review to the CITY. One set of full size reproducible and ten half size copies of plans, two copies of design calculations and design check calculations, three sets of quantity calculations and Marginal Estimates and three sets of edited Structure Special Provisions. (One copy of each will be returned with comments). The package will be accompanied by a Structures PS&E checklist.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
H. FINAL STRUCTURE PS&E
City of Barstow
Kleinfelder
The final structure PS&E will incorporate review comments from the CITY, BNSF, and other affected agencies.

The ENGINEER will provide all necessary documents in a bid-ready form. It is assumed that the CITY will advertise, award and administer the construction contract for this PROJECT.

The ENGINEER shall deliver the following documents to CITY:

I set of full size reproducible tracings of final design plans I set of half size reproducible tracings of final design plans 3 sets of final Structure Special Provisions
2 copies of final quantity calculations and estimate
2 copies of final design calculations
2 copies of design check calculations (upon request)
I set of 4-Scale plans of the bridge Deck Contours.
1 Resident Engineer's File (structures information)
AII.4•ROADWAY
The title sheet for specifications and reports, and each sheet of plans, shall bear the professional seal, certificate number, registration classification, expiration date of the certificate and signature of the Professional Engineer responsible for their preparation. All roadway plans shall also use single sheet files.

The following is a summary listing of drawing types that shall be prepared as part of the roadway PS&E:

A. Basic Roadway Plans
Title Sheet
Key Map and Line Index
Profile and Superelevation Diagrams
Erosion Control Plan
B. Calculations
The following calculations will be provided:
• Geometric Traverse and right of way (ROW)
• Grid Grades
Earthwork Quantities
C. Drainage Plans
Typical Cross Sections
Layouts
Construction and Intersection Details
Erosion Control Details and Quantities
Slope Staking Notes
Profile
Other Quantities
ENGINEER shall perform hydrology and hydraulic studies to obtain and provide design solutions, which will remove surface runoff from the area of the improvements. Studies and designs shall be performed in accordance with Chapter 800 of the current Highway Design Manual, District 8 Project Development Policy Memos and the current CAL TRANS Standard Plans.

The following list of drawing types and the number of sheets estimated shall include:
• Contour Grading and Drainage Layouts • Drainage Profiles • Drainage Details • Drainage Quantities
D. Traffic Plans
The following list of drawing types and the number of sheets estimated shall include:
• Construction Area Signs • Stage Construction and Traffic Handling • Detours • Pavement Delineation
• Roadside Sign Plan • Highway Lighting and Sign Illumination

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
• Signal and Lighting
E. Miscellaneous Plans
Utility Conflict Plan Summary of Quantities
City of Barstow
Kleinfelder
Retaining Wall Plan and Elevation
Safety Barrier
Retaining Wall Details and Quantities•
Fencing
Right of Way Requirements Map
F. Intermediate Reviews
Roadway, drainage, traffic and miscellaneous plans shall be submitted for review to the CITY at the 65%, 95% and 100% complete stage. A pre-65% submittal will be prepared and submitted that consists of "skeletal" layouts at approximately 30% completion to confirm appropriate direction of the designs and plan set. The ENGINEER will submit up to 5 full size sets of all plans and 5 sets of plans reduced to 11" x 17" size. Roadway cross sections, grid grades and slope staking notes will be submitted only at the 100% complete submittal stage. Also, the ENGINEER should submit electronic samples of all plan sheet groups on a compact disc at intermediate reviews.

G. Specifications and Estimate
Specifications and Special Provisions will be prepared for items not covered by the CAL TRANS Standard Specifications or Standard Special Provisions.

The Roadway Construction Cost Estimate will be prepared using the latest available CAL TRANS cost data, COUNTY cost data and actual recent construction costs in the PROJECT area.

H. Quality Control
The Plans, Specifications and Estimate (PS&E) will be subject to quality control reviews before submittal. These reviews will assure conformance to CAL TRANS and CITY standards and criteria as well as minimize typographical omissions.

I. DRAFT PS&E (95% Complete)
The roadway plans, revised to incorporate Quality Control review comments, will be submitted to the COUNTY for review and comments. These will include:
• Roadway Plans • Special Provisions
• Design Calculations • Roadway Quantities and Cost Estimate One safety/constructability review meeting will be held at the 95% PS&E stage.

J. FINAL PS&E (100% Complete)
The final PS&E will incorporate applicable comments from the draft PS&E received from the CITY, and other affected agencies. The ENGINEER will provide the necessary final PS&E documents in a bid-ready form.

PROJECT files and the Project Engineer's/Resident Engineer's file will also be submitted with the final PS&E.

The entire PROJECT, which will be prepared in AutoCAD format, will be submitted upon final approval of the PS&E.

Design for re-establishing landscape and irrigation will be required on each bridge approach.

Limits of design are along North First A venue from approximately 300 feet south of the White Street to Riverside Drive.

Up to two team members are anticipated to participate in the safety/constructability review meeting. Information for this meeting is anticipated to consist of previously created deliverables as described herein. No new exhibits or other information is anticipated.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
AII.5 • Construction Bidding Phase
City of Barstow
Kleinfelder
Bidding procedures will be the responsibility of CITY. While the PROJECT is being advertised for bids, all questions concerning the intent shall be referred to CITY for resolution. In the event that the items requiring interpretation in the drawings or specifications are discovered during the bidding period, said items shall be analyzed by the ENGINEER for decision by CITY as to the proper procedure required. Corrective action taken will either be in the form of an addendum prepared by the ENGINEER and issued by CITY or by covering change order after the award of the construction contract.

Up to four requests are anticipated for review and response.

Up to two addendums are anticipated.

AII.6 • Construction Support Phase
A. ENGINEER shall attend the pre-construction meeting with the successful contractor upon notification by the CITY.

B. Upon award of the construction contract, ENGINEER will proceed with the Construction Support Phase services required by this contract.

C. During construction, the ENGINEER shall furnish all necessary additional drawings for correcting and change orders required by errors and omissions of ENGINEER. Such drawings will be requested in writing from the ENGINEER by CITY and shall be at no additional cost to the CITY. The original tracing(s) of the drawings and contract wording for change orders shall be submitted to the CITY for duplication and distribution.

D. ENGINEER shall review shop drawings and RFI's submitted by the contractor (falsework and rebar shop-plan review is not included). ENGINEER shall complete shop plan reviews within two weeks of receipt. Contract change order and RFI reviews shall be completed within two working days of receipt.

E. Drawings and change orders required due to actions of the CITY, which are beyond the scope of the ENGINEER's responsibilities, shall be considered extra services.

F. ENGINEER shall be available to visit to the jobsite for on-site review of construction and other visits to the jobsite as requested by the CITY to resolve any discrepancies in the contract documents. ENGINEER shall bring to the attention of the CITY's Resident Engineer any defects or deficiencies in the work by the construction contractor, which the ENGINEER may observe. ENGINEER shall have no authority to issue instructions on behalf of the CITY or to deputize another to do so. All agreements shall be between the CITY and its construction contractor. These provisions shall not be construed as making the ENGINEER responsible for failure of the construction contractor to carry out the work in accordance with the contract documents nor the construction means or methods or techniques, sequences, procedures or safety programs in connection with the work.

G. ENGINEER shall prepare and deliver to the CITY the "As-Built" plans within two months of completion of structure construction.

CONSULT ANT anticipates the following:
• Contract Change Order Reviews - up to three
• RFI Responses - up to ten
• Shop Drawing Reviews - up to twelve
• Field Visits/Meetings - up to eight
• Design changes for the Contractor's preference are not anticipated • As-Built plans will be based on a redline markup of the latest design as provided by the Contractor.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
• Independent verification is not anticipated.

AII.7 • Computer Facilities
A. CALCULATIONS
City of Barstow
Kleinfelder
All roadway calculations will be performed using COGO PC and lnRoads or Road Cale. The structural analyses and design will be performed by using V-BRIDGE, V-BENT, SAPP, L-PILE, and ABUT programs. The data files and the results will be submitted electronically on compact discs along with a hard copy.

B. COMPUTER AIDED DRAFTING AND DESIGN (CADD)
All plans will be prepared using AutoCAD format in conformance with the latest CALTRANS CADD User's Manual and the CALTRANS Drafting Manual to assure complete compatibility.

All.8 • QUALITY CONTROL PLAN
A Quality Control Plan will be established for this PROJECT in accordance with the provisions of Article IV, Section H of the Agreement. It will be provided to the CITY within two (2) weeks after NTP for review and approval.

All.9 • LOCAL AGENCY OBLIGATIONS
Development of railroad plans for the altering and reconstruction of the BNSF classification yard and the development of the railroad plans for the track mitigation is understood that the City of Barstow will be contracting with BNSF directly for these services.

ARTICLE III CONSULT ANT'S REPORTS OR MEETINGS
A. CONSULT ANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the Contract Administrator to determine, if CONSULT ANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT's Project Manager shall meet with LOCAL AGENCY's Contract Administrator, as needed, to discuss progress on the contract.

ARTICLE IV PERFORMANCE PERIOD
A. This contract shall go into effect on (October 20, 2015), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY'S Contract Administrator. The contract shall end on (October 20, 2020), unless extended by contract amendment.

B. CONSULTANT is advised that any recommendation for contract award is not binding on LOCAL AGENCY until the contract is fully executed and approved by LOCAL AGENCY.

ARTICLE V ALLOW ABLE COSTS AND PAYMENTS
A. The method of payment for this contract will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article II Statement of Work of this contract. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY. Adjustment in the total lump sum compensation will not be effective until authorized by contract amendment and approved by LOCAL AGENCY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULT ANT. If CONSULT ANT fails to submit the required deliverable items according to the schedule set forth in the Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this Contract in accordance with the provisions of Article VI Termination.

C. CONSULT ANT shall not commence performance of work or services until this contract has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY'S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this contract.

D. CONSULTANT will be reimbursed, as promptly as fiscal procedures will permit, upon receipt by LOCAL AGENCY'S Contract Administrator of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar days after the performance of work for which CONSULT ANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal and shall reference this contract number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase of this contract. The final invoice should be submitted within 60-calendar days after completion of CONSULTANT's work. Invoices shall be mailed to LOCAL AGENCY's Contract Administrator at the following address:

City of Barstow I Domingo D. Gonzales, Engineering Services Administrator 220 East Mountain View Street, Suite A
Barstow. CA 92311
E. The total amount payable by LOCAL AGENCY shall not exceed $3,069,258.

F. All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE VI TERMINATION
A. LOCAL AGENCY reserves the right to terminate this contract upon thirty (30) calendar days written notice to CONSULTANT with the reasons for termination stated in the notice.

B. LOCAL AGENCY may terminate this contract with CONSULTANT should CONSULTANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, LOCAL AGENCY may proceed with the work in any manner deemed proper by LOCAL AGENCY. If LOCAL AGENCY terminates this contract with CONSULTANT, LOCAL AGENCY shall pay CONSULT ANT the sum due to CONSULT ANT under this contract prior to termination, unless the cost of completion to LOCAL AGENCY exceeds the funds remaining in the contract. In which case the overage shall be deducted from any sum due CONSULT ANT under this contract and the balance, if any, shall be paid to CONSULT ANT upon demand.

C. If the Local Agency terminates this contract, it will only pay the Consultant for the work performed to the point of the effective termination.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS City of Barstow
Kleinfelder
A. CONSULTANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items.

B. CONSULT ANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.

C. Any costs for which payment has been made to CONSULT ANT that are determined by subsequent audit to be unallowable under 49 CFR, Part 18 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to LOCAL AGENCY.

D. All subcontracts in excess of $25,000 shall contain the above provisions.

ARTICLE VIII RETENTION OF RECORDS/AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; CONSULTANT, subconsultants, and LOCAL AGENCY shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract.

The state, State Auditor, LOCAL AGENCY, FHW A, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of CONSULT ANT and it's certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed ofby agreement, shall be reviewed by LOCAL AGENCY'S Chief Financial Officer.

B. Not later than 30 days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY'S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULT ANT from full and timely performance, in accordance with the terms of this contract.

D. CONSULTANT and subconsultant contracts, including cost proposals and ICR, are subject to audits or reviews such as, but not limited to, a contract audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the contract, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR audit work paper review it is CONSULTANT's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA' s work papers including making copies as necessary. The contract, cost proposal, and ICR shall be adjusted by CONSULT ANT and approved by LOCAL AGENCY contract manager to conform to the audit or review recommendations.

CONSULT ANT agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULT ANT to incorporate audit or review recommendations, or to ensure that the federal, state or local governments have access to CPA work papers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
E. CONSULTANT Cost Proposal is subject to a CPA ICR Audit Work Paper Review by Caltrans' Audit and Investigation (Caltrans ). Cal trans, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULT ANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report. Refusal by the CONSULT ANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

1. During a Caltrans' review of the ICR audit work papers created by the CONSULTANT's independent CPA, Caltrans will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If Caltrans identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULT ANT at a provisional ICR until a FAR compliant ICR {e.g. 48 CFR, part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials Audit Guide; and other applicable procedures and guidelines} is received and approved by A&I. Provisional rates will be as follows:
a. If the proposed rate is less than 150% - the provisional rate reimbursed will be 90% of the proposed rate.
b. If the proposed rate is between 150% and 200% - the provisional rate will be 85% of the proposed rate.
c. If the proposed rate is greater than 200% - the provisional rate will be 75% of the proposed rate.

2. If Caltrans is unable to issue a cognizant letter per paragraph E.1. above, Caltrans may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. Caltrans will then have up to six (60 months to review the CONSULT ANT' s and/or the independent CPA' s revisions.

3. If the CONSULTANT fails to comply with the provisions of this Section E, or if Caltrans is still unable to issue a cognizant approval letter after the revised independent CPA-audited ICR is submitted, overhead cost reimbursement will be limited to the provisional ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this provisional ICR will become the actual and final ICR for reimbursement purposes under this contract.

4. CONSULT ANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: ( 1) Caltrans approves or rejects the original or revised independent CPA-audited ICR; (2) all work under this contract has been completed to the satisfaction of LOCAL GAENCY; and, (3) Cal trans has issued its final ICR review letter. The CONSULT ANT MUST SUBMIT ITS FINAL INVOICETO local agency no later than 60 days after occurrence of the last of these items.

The provisional ICR will apply to this contract and all other contracts executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

ARTICLE X SUBCONTRACTING
A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULT ANT agrees to be as fully responsible to LOCAL AGENCY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT's obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY'S obligation to make payments to the CONSULTANT.

B. CONSULT ANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
LOCAL AGENCY's Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.

C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY.

D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subconsultants.

E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY's Contract Administrator prior to the start of work by the subconsultant(s).

ARTICLE XI EQUIPMENT PURCHASE
A. Prior authorization in writing, by LOCAL AGENCY's Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULT ANT services. CONSULT ANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service or consulting work not covered in CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by LOCAL AGENCY's Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.

C. Any equipment purchased as a result of this contract is subject to the following: "CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, CONSULT ANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULT ANT elects to keep the equipment, fair market value shall be determined at CONSULT ANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.

D. All subcontracts in excess $25,000 shall contain the above provisions.

ARTICLE XII STATE PREVAILING WAGE RATES
A. CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.

B. Any subcontract entered into as a result of this contract, if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article.

C. When prevailing wages apply to the services described in the scope of work, transportation and subsistence costs shall be reimbursed at the minimum rates set by the Department of Industrial Relations (DIR) as outlined in the applicable Prevailing Wage Determination. See http://www.dir.ca.gov.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract

ARTICLE XIII CONFLICT OF INTEREST
City of Barstow
Kleinfelder
A. CONSULT ANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this contract, or any ensuing LOCAL AGENCY construction project.

CONSULT ANT shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing LOCAL AGENCY construction project, which will follow.

B. CONSULT ANT hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract.

C. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION CONSULT ANT warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any LOCAL AGENCY employee. For breach or violation of this warranty, LOCAL AGENCY shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY STATE OR FEDERAL

FUNDS FOR LOBBYING
A. CONSULTANT certifies to the best of his or her knowledge and belief that:

1. No state, federal or local agency appropriated funds have been paid, or will be paid by-or-on behalf of CONSULT ANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; CONSULT ANT shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

C. CONSULT ANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify and disclose accordingly.

ARTICLEXVI STATEMENTOFCOMPLIANCE
A. CONSULTANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that CONSULT ANT has, unless exempt, complied with, the

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.

B. During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition ( e.g., cancer), age ( over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full.

Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

C. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation -Title 49 Code of Federal Regulations, Part 21 - Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the state of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

D. The Consultant, with regard to the work performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in the selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT's Regulations, including employment practices when the Agreement covers a program whose goal is employment.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. CONSULT ANT' s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that CONSULT ANT has complied with Title 2 CFR, Part 180, "OMB Guidelines to Agencies on Government wide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to LOCAL AGENCY.

B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSULTANT responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.

C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract

ARTICLE XVIII FUNDING REQUIREMENTS
City of Barstow
Kleinfelder
A. It is mutually understood between the parties that this contract may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the contract were executed after that determination was made.

B. This contract is valid and enforceable only, if sufficient funds are made available to LOCAL AGENCY for the purpose of this contract. In addition, this contract is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this contract in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to void the contract under the 30-day termination clause pursuant to Article VI, or by mutual agreement to amend the contract to reflect any reduction of funds.

ARTICLE XIX CHANGE IN TERMS
A. This contract may be amended or modified only by mutual written agreement of the parties.

B. CONSULT ANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY's Contract Administrator.

C. There shall be no change in CONSULTANT's Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this contract without prior written approval by LOCAL AGENCY's Contract Administrator.

ARTICLE XX DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This contract is subject to 49 CFR, Part 26 entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs". Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal.

B. The goal for DBE participation for this contract is 12%. Participation by DBE consultant or subconsultants shall be in accordance with information contained in the Consultant Proposal DBE Commitment (Exhibit 10- 01 ), or in the Consultant Contract DBE Information (Exhibit 10-02) attached hereto and incorporated as part of the Contract. If a DBE subconsultant is unable to perform, CONSULT ANT must make a good faith effort to replace him/her with another DBE subconsultant, if the goal is not otherwise met.

C. DBEs and other small businesses, as defined in 49 CFR, Part 26 are encouraged to participate in the performance of contracts financed in whole or in part with federal funds. CONSULT ANT or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract.

CONSULT ANT shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of US DOT-assisted agreements. Failure by CONSULT ANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as LOCAL AGENCY deems appropriate.

D. Any subcontract entered into as a result of this contract shall contain all of the provisions of this section.

E. A DBE firm may be terminated only with prior written approval from LOCAL AGENCY and only for the reasons specified in 49 CFR 26.53(f). Prior to requesting LOCAL AGENCY consent for the termination, CONSULTANT must meet the procedural requirements specified in 49 CFR 26.53(f).

F. A DBE performs a Commercially Useful Function (CUF) when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
work involved. To perform a CUF, the DBE must also be responsible with respect to materials and supplies used on the contract, for negotiating price, determining quality and quantity, ordering the material, and installing (where applicable) and paying for the material itself. To determine whether a DBE is performing a CUF, evaluate the amount of work subcontracted, industry practices, whether the amount the fmn is to be paid under the, contract is commensurate with the work it is actually performing, and other relevant factors.

G. A DBE does not perform a CUF if its role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. In determining whether a DBE is such an extra participant, examine similar transactions, particularly those in which DBEs do not participate.

H. If a DBE does not perform or exercise responsibility for at least thirty percent (30%) of the total cost of its contract with its own work force, or the DBE subcontracts a greater portion of the work of the contract than would be expected on the basis of normal industry practice for the type of work involved, it will be presumed that it is not performing a CUF.

I. CONSULT ANT shall maintain records of materials purchased or supplied from all subcontracts entered into with certified DBEs. The records shall show the name and business address of each DBE or vendor and the total dollar amount actually paid each DBE or vendor, regardless of tier. The records shall show the date of payment and the total dollar figure paid to all firms. DBE prime consultants shall also show the date of work performed by their own forces along with the corresponding dollar value of the work.

J. Upon completion of the Contract, a summary of these records shall be prepared and submitted on the form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise (DBE), First-Tier Subconsultants" CEM-2402F [Exhibit 17-F, of the LAPM], certified correct by CONSULTANT or CONSULTANT's authorized representative and shall be furnished to the Contract Administrator with the final invoice. Failure to provide the summary of DBE payments with the final invoice will result in twenty-five percent (25%) of the dollar value of the invoice being withheld from payment until the form is submitted. The amount will be returned to CONSULTANT when a satisfactory "Final Report-Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subconsultants" is submitted to the Contract Administrator.

K. If a DBE subconsultant is decertified during the life of the contract, the decertified subconsultant shall notify CONSULT ANT in writing with the date of decertification. If a subconsultant becomes a certified DBE during the life of the Contract, the subconsultant shall notify CONSULT ANT in writing with the date of certification. Any changes should be reported to LOCAL AGENCY's Contract Administrator within 30 days.

ARTICLE XXI CONTINGENT FEE
CONSULT ANT warrants, by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXII DISPUTES
A. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY's Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.

B. Not later than 30 days after completion of all work under the contract, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

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Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this contract.

ARTICLE XXIII INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the state, and the FHW A if federal participating funds are used in this contract; to review and inspect the project activities and files at all reasonable times during the performance period of this contract including review and inspection on a daily basis.

ARTICLE XXIV SAFETY
A. CONSULT ANT shall comply with OSHA regulations applicable to CONSULT ANT regarding necessary safety equipment or procedures. CONSULT ANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives. CONSULT ANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

B. Pursuant to the authority contained in Section 591 of the Vehicle Code, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULT ANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code.

CONSULT ANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.

C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article.

D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.

ARTICLE XXV INSURANCE
A. Prior to commencement of the work described herein, CONSULT ANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured's coverage without 30 days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this contract are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

C. CONSULT ANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this contract. In the event said insurance coverage expires at any time or times during the term of this contract, CONSULT ANT agrees to provide at least thirty (30) days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the contract, or for a period of not less than one (1) year.

New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULT ANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this contract upon occurrence of such event.

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Packet Pg. 100 Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract

ARTICLE XXVI OWNERSHIP OF DATA
City of Barstow
Kleinfelder
A. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produce as part of this contract will automatically be vested in LOCAL AGENCY; and no further agreement will be necessary to transfer ownership to LOCAL AGENCY.

CONSULT ANT shall furnish LOCAL AGENCY all necessary copies of data needed to complete the review and approval process.

B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this contract has been entered into.

C. CONSULT ANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by LOCAL AGENCY of the machine-readable information and data provided by CONSULT ANT under this contract; further, CONSULT ANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by LOCAL AGENCY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by CONSULTANT.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27, Subpart 27.3 - Patent Rights under Government Contracts for federal-aid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrig~ts are permitted; the agreement shall provide that the FHW A shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

F. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY'S CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY's construction contractor relating to work performed by CONSULTANT's personnel, and additional information or assistance from CONSULTANT's personnel is required in order to evaluate or defend against such claims; CONSULT ANT agrees to make its personnel available for consultation with LOCAL AGENCY'S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

B. CONSULTANT's personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY.

Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULT ANT's personnel services under this contract.

C. Services of CONSULTANT's personnel in connection with LOCAL AGENCY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this contract in order to resolve the construction claims.

D. Any subcontract in excess of $25,000 entered into as a result of this contract, shall contain all of the provisions of this Article.

ARTICLE XXVIII CONFIDENTIALITY OF DAT A
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY's operations, which are designated confidential by LOCAL AGENCY and made available to CONSULT ANT in order to carry out this contract, shall be protected by CONSULT ANT from unauthorized use and disclosure.

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Packet Pg. 101 Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the contract, shall not authorize CONSULT ANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULT ANT shall not comment publicly to the press or any other media regarding the contract or LOCAL AGENCY's actions on the same, except to LOCAL AGENCY's staff, CONSULTANT's own personnel involved in the performance of this contract, at public hearings or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY'S written permission.

E. Any subcontract entered into as a result of this contract shall contain all of the provisions of this Article.

F. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity other than LOCAL AGENCY.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code Section 10296, CONSULT ANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT's failure to comply with an order of a federal court that orders CONSULT ANT to comply with an order of the National Labor Relations Board.

ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT's performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULT ANT for comments. The evaluation together with the comments shall be retained as part of the contract record.

ARTICLE XXXI RETENTION OF FUNDS
A. Any subcontract entered into as a result of this Contract shall contain all of the provisions of this section.

B. No retainage will be withheld by the Agency from progress payments due the prime consultant. Retainage by the prime consultant or subconsultants is prohibited, and no retainage will be held by the prime consultant from progress due subconsultants. Any violation of this provision shall subject the violating prime consultant or subconsultants to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant or deficient subconsultant performance, or .noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultants and subconsultants.

C. No retainage will be held by the Agency from progress payments due the prime consultant. Any retainage held by the prime consultant or subconsultants from progress payments due subconsultants shall be promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily completed.

Federal law (49 CFR 26.29) requires that any delay or postponement of payment over the 30 days may take place only for good cause and with the Agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants.

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Packet Pg. 102 Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder
D. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental acceptances of portions, as determined by the Agency, of the contract work, and pay retainage to the prime consultant based on these acceptances. The prime consultant, or subconsultant, shall return all monies withheld in retention from a subconsultant within thirty (30) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49 CFR 26.29) requires that any delay or postponement of payment over thirty (30) days may take place only for good cause and with the agency's prior written approval. Any violation of this provision shall subject the violating prime consultant or subconsultant to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies, otherwise available to the prime consultant or subconsultant in the event of a dispute involving late payment or nonpayment by the prime Consultant, deficient subconsultant performance, or noncompliance by a subconsultant. This provision applies to both DBE and non-DBE prime consultant and subconsultants.

ARTICLE XXXII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this contract and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:

Kleinfelder Inc.

Andrew Sanford, Project Manager
550 West C Street, Suite 1200
San Diego, CA 92101
LOCAL AGENCY:

City of Barstow
Domingo D. Gonzales, Contract Manager
220 East Mountain View Street, Suite A
Barstow, CA 92311

ARTICLE XXXIII CONTRACT
The two parties to this contract, who are the before named CONSULT ANT and the before named LOCAL AGENCY, hereby agree that this contract constitutes the entire agreement which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this contract as evidenced by the signatures below.

ARTICLEXXXIV SIGNATURES
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CITY OF BARSTOW
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Charles C. Mitchell
City Manager
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Packet Pg. 103 Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) North First Avenue, Barstow Overhead Replace Br. (No. 54C-0088) Plans, Specification & Estimates Document Contract
City of Barstow
Kleinfelder

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Packet Pg. 104 Attachment: PS&E Approved Contract (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Over BNSF) 770 First Avenue, Suite 400, San Diego CA 92101 p | 619.831.4600 f | 619.232.1039 June 6, 2022
Kleinfelder Project No. 05492100.001A
Mr. Domingo Gonzales
City of Barstow
Engineering Division
220 E. Mountain View Street, Suite A
Barstow, CA 92311
SUBJECT: Contract Extension for North First Avenue, BARSTOW Overhead Replace (Br. No. 54C-0088) - PS&E
Dear Mr. Gonzales:

Per our previous conversation, Kleinfelder is requesting a contract extension for the North First Avenue Bridge, Bartow Overhead Replace project PS&E phase. The original contract expired on October 20, 2020. Since then, we have continued to perform work to prevent delays on the project, and the City has continued to pay our invoices. However, continuing to work without a contract could pose serious risks for Kleinfelder and the City.

A three-year extension is recommended for December 2025, to cover any construction delays.

Per SBCTA, construction is set to take place November 2022 to May 2024, with close-out in May 2025.

This contract extension request does not include any fee request. Please provide authorization for the contract extension so that Kleinfelder can proceed with work on the project.

Contact me directly if you have any questions on this matter.

Thank you for your consideration,

KLEINFELDER
Karibia Baillargeon
Project Manager

9.c
Packet Pg. 105 Attachment: Request for Contract Time Extension (5049 : Approval to Extend Contract Agreement with Kleinfelder Inc. for First Avenue Bridge Joint Special Council/BFPD
06/20/22 07:00 PM
Finance
Marc Puckett
Amendment
Doc ID: 5060

AGENDA ITEM
AGENDA MATTER:

FY2020-2022 PROPOSED BUDGET AMENDMENT FOR YEAR-END CLEAN-UP ADJUSTMENTS EXECUTIVE SUMMARY:

Discussed herein for your review and consideration is the Fiscal Year 2020-2022 two-year budget yearend clean-up resolution necessary for the Fiscal Year ended June 30, 2022. This report provides a summary of necessary budget adjustments at year-end to true-up budget to actual presentations within the City's financial statements and demonstrate budgetary control by providing periodic review and updating of the City's two-year financial plan, its adopted operating and capital improvement budget.

The purpose of this report is to update and "clean-up" budget to actual presentations demonstrating budgetary control as required by and in compliance with Governmental Accounting Standards promulgated by the Governmental Accounting Standards Board (GASB) and in further compliance with Statements on Auditing Standards (SAS) promulgated by the American Institute of Certified Public Accountants (AICPA) and further codified within the "Yellow Book." Changes noted herein in attachment 1 are generally ministerial in nature and/or related to carryover adjustments for previously approved Capital Improvement Projects and/or encumbrances for approved purchase orders issued and outstanding. To that end, included within this report are certain proposed budget adjustments to various estimated revenues and categories of expense due to financial events occurring throughout the current fiscal year and subsequent to adoption of the two-year budget.

DISCUSSION:

The City Council adopted the FY 2020-2022 Two-Year Operating and Capital Improvement budget on June 15, 2020. The Adopted Operating and Capital Improvement budget is the City’s two-year spending plan for Fiscal Years 2021 and 2022. It serves as a planning guide for the ensuing fiscal year. The adopted budget also demonstrates how established short-term goals and objectives will be implemented over the next fiscal year and demonstrates how available resources are matched against the City’s service priorities to provide essential services to the community.

After adoption, financial events occur throughout the course of the year that impact upon the budget and the implementation of spending priorities. These events necessitate adjusting the budget projections from time to time during the course of the fiscal year to keep the spending plan up-to-date based on current financial conditions. There are several estimated revenue and appropriation adjustments proposed by staff based upon actual experience and/or historical data contained herein.

These adjustments to the two-year FY 2020-2022 adopted budget for all funds are summarized in the attached proposed Budget Adjustment (Attachment 1).

The purpose of these adjustments is to update and "clean-up" budget to actual presentations 10 Packet Pg. 106
Joint Special Council/BFPD
06/20/22 07:00 PM
Finance
Marc Puckett
Amendment
Doc ID: 5060

AGENDA ITEM
demonstrating budgetary control as required by and in compliance with Governmental Accounting Standards promulgated by the Governmental Accounting Standards Board (GASB) and in further compliance with Statements on Auditing Standards (SAS) promulgated by the American Institute of Certified Public Accountants (AICPA) and further codified within the "Yellow Book." Changes noted herein in attachment 1 are generally ministerial in nature and/or related to carryover adjustments for previously approved Capital Improvement Projects and/or encumbrances for approved purchase orders issued and outstanding. To that end, included within this report are certain proposed budget adjustments to various estimated revenues and categories of expense due to financial events occurring throughout the current fiscal year and subsequent to adoption of the two-year budget.

From time to time, the City Council may approve adjustments to appropriations for various programs and services throughout the course of the fiscal year. Some of the adjustments to appropriations that may be approved throughout the year include adjustments to project appropriations due to increasing the scope of the project or for those programs that receive grant funding after adoption of the budget. The City, as a matter of fiscal conservancy, does not typically budget grant revenues until such time as the grant award has been received and receipt of the grant funding is eminent.

Integration of the budget into the City’s accounting system and internal control processes is essential in demonstrating the strength of the City’s financial policies and management practices. This process is essential, for example, during a financial management assessment performed by credit rating agencies, such as Standard & Poor’s or Moody’s Investor Services. It helps underscore the City’s credit worthiness should the City decide to issue debt for capital equipment purchases, capital projects or other purposes.

The budgetary integration process is demonstrated through adoption of reasonable and comprehensive budget assumptions with budget reviews and revisions performed at interim periods throughout the course of the fiscal year.

The year-end clean-up adjustments primarily focus on the City’s General Operating Fund revenues and expenditures. The majority of the City’s operating expenditures are accounted for within this fund. Other budgetary funds, such as special revenue funds or debt service funds, do not usually require adjustments due to the specific nature of the resource allocations and program requirements. When revenues for these special revenue funds are not fully expended during the year, balances may be carried forward for re-appropriation in the subsequent years’ budget process. Adjustments to other funds are submitted to Council on an “as needed” basis periodically throughout the year.

All City departments have provided feedback to the Finance department regarding the status of their current year’s expenditures and budgetary performance as projected through the end of the fiscal year.

Based on staff’s analysis of the current year’s operating revenues and expenditures and, based upon information and input provided by all departments, staff recommends “year-end clean-up” net adjustments as outlined in attachment 1.

SUMMARY
The FY 2020-2022 budget was adopted on June 15, 2020. After adoption, financial events occur throughout the course of the year that impact upon the budget and the implementation of spending priorities. These events necessitate adjusting the budget projections from time to time during the course of the fiscal year to keep the spending plan up-to-date based on current financial conditions. Changes noted herein in attachment 1 are generally ministerial in nature and/or related to carryover adjustments for previously approved Capital Improvement Projects and/or encumbrances for approved purchase orders issued and outstanding. To that end, included within this report are certain proposed budget 10 Packet Pg. 107
Joint Special Council/BFPD
06/20/22 07:00 PM
Finance
Marc Puckett
Amendment
Doc ID: 5060

AGENDA ITEM
adjustments to various estimated revenues and categories of expense due to financial events occurring throughout the current fiscal year and subsequent to adoption of the two-year budget. These adjustments as noted in attachment 1 are recommended for Council’s approval.

FISCAL IMPACT:

The attachment number 1 summarizes proposed adjustments in revenue estimates and appropriations (expenditures) to the two-year adopted operating and capital improvement budget. These "year-end clean-up" adjustments are generally considered ministerial in nature and/or related to carryover adjustments for previously approved Capital Improvement Projects and/or encumbrances for approved purchase orders issued and outstanding. The attached budget adjustment summarizes the proposed adjustments in revenue estimates and appropriation adjustments for all affected funds.

RECOMMENDED ACTION:

CITY OF BARSTOW
FY 2022 YEAR-END BUDGET REVIEW / BUDGET ADJUSTMENT REQUESTS Account Number Account Type Account Description Division / Fund 2021/2022 Budget
Increase/(Decrease)
Revenue Budget
Increase/(Decrease)
Expenditure Budget
Adjusted FY
2021/2022 Budget Justification
100.110.115.09.400 Expenditure Transfer to CIP Fund Transfers & Others $ - $ 295,000 $ 295,000 Transfer from Funding Sourceto Capital Projects 100.110.115.09.530 Expenditure Transfer from Landscape & Light Maintenance Districts
Transfers &
Others
$ 40,000 $ (40,000) $ -
No Transfers Scheduled from Landscape & Light
Maintenance District to General Fund in FY 22
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $255,000.00
100.110.125.06.625 Expenditure Legal Fees - Retainer City Attorney $ 120,000 $ 8,000 $ 128,000 Estimated FY 22 Expenditures per Year-End Analysis
100.110.125.06.626 Expenditure Pro Serv. Legal City Attorney $ 218,000 $ 50,000 $ 268,000 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $58,000.00
100.110.130.01.101 Expenditure Salaries, Regular Municipal Records
$ 232,710 $ 35,500 $ 268,210 Estimated FY 22 Expenditures per Year-End Analysis
100.110.130.02.201 Expenditure Benefits - Retirement Municipal Records
$ 27,442 $ 4,000 $ 31,442 Estimated FY 22 Expenditures
per Year-End Analysis
100.110.130.02.216 Expenditure Vacation/Annual Lv Pay Out Municipal Records
$ 1,038 $ 2,500 $ 3,538 Annual Pay Outs per MOU
100.110.130.06.630 Expenditure Fees/Services Municipal
Records
$ 12,300 $ 7,500 $ 19,800 Estimated FY 22 Expenditures
per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $49,500.00
100.110.160.01.101 Expenditure Salaries, Regular IT $ 219,279 $ 32,000 $ 251,279 Estimated FY 22 Expenditures per Year-End Analysis
100.110.160.01.109 Expenditure Insurance Offset IT $ 21,000 $ 10,000 $ 31,000 Estimated FY 22 Expenditures per Year-End Analysis
100.110.160.02.216 Expenditure Vacation/Annual Lv Pay Out IT $ 2,903 $ 10,000 $ 12,903 Annual Pay Outs per MOU Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $52,000.00
100.110.165.01.101 Expenditure Salaries, Regular Human Resources $ 116,416 $ 14,000 $ 130,416 Estimated FY 22 Expenditures per Year-End Analysis
100.110.165.02.205 Expenditure Benefits - Unemployment Human Resources $ 3,856 $ 5,000 $ 8,856 Estimated FY 22 Expenditures per Year-End Analysis
100.110.165.02.216 Expenditure Vacation/Annual Lv Pay Out Human Resources $ - $ 2,500 $ 2,500 Annual Pay Outs per MOU 100.110.165.06.632 Expenditure Personnel Recruitment Costs Human Resources $ 17,000.00 $ 7,500 $ 24,500 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $29,000.00
$49,500.00
GENERAL FUND - Municipal Records Net Budget Change
Increase/(Decrease)
GENERAL FUND - Information Technology (IT) Net Budget Change Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $52,000.00
GENERAL FUND - Transfers & Others Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $255,000.00
GENERAL FUND - City Attorney Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $58,000.00
TOTAL REQUESTED BUDGET ADJUSTMENTS:

GENERAL FUND - 100
GENERAL FUND - Human Resources Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $29,000.00

10.a
Packet Pg. 109 Attachment: FY 22 Proposed Year-End Budget Adjustments Schedule 06-20-22 (5060 : FY2020-2022

CITY OF BARSTOW
FY 2022 YEAR-END BUDGET REVIEW / BUDGET ADJUSTMENT REQUESTS 100.120.210.01.101 Expenditure Salaries, Regular Finance $ 296,684.00 $ 20,000 $ 316,684 Estimated FY 22 Expenditures per Year-End Analysis
100.120.210.01.108 Expenditure Salaries, Casual Finance $ 124,000 $ 30,000 $ 154,000 Estimated FY 22 Expenditures per Year-End Analysis
100.120.210.02.216 Expenditure Vacation/Annual Leave Pay Out Finance $ - $ 10,500 $ 10,500 Annual Pay Outs per MOU Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $60,500.00
Account Number Account Type Account Description Division / Fund 2021/2022 Budget
Increase/(Decrease)
Revenue Budget
Increase/(Decrease)
Expenditure Budget
Adjusted FY
2021/2022 Budget Justification
100.140.430.01.101 Expenditure Salaries, Regular Open Space Maint.
$ 311,736 $ 18,000 $ 329,736 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $18,000.00
100.140.423.06.630 Expenditure Fees/Services Traffic Signals & Street Lights
$ 11,000 $ 2,000 $ 13,000 Estimated FY 22 Expenditures
per Year-End Analysis
100.140.423.14.403 Expenditure Electricity-Signal Light Traffic Signals & Street Lights
$ 24,000 $ 15,000 $ 39,000 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $17,000.00
Account Number Account Type Account Description Division / Fund 2021/2022 Budget
Increase/(Decrease)
Revenue Budget
Increase/(Decrease)
Expenditure Budget
Adjusted FY
2021/2022 Budget Justification
100.140.435.01.101 Expenditure Salaries, Regular Building Maintenance
$ 300,887 $ 33,000 $ 333,887 Estimated FY 22 Expenditures per Year-End Analysis
100.140.435.02.215 Expenditure Sick Leave Pay Out Building Maintenance
$ - $ 3,500 $ 3,500 Pay Outs per MOU
100.140.435.02.216 Expenditure Vacation/Annual Lv Pay Out Building Maintenance
$ 2,294 $ 11,500 $ 13,794 Annual Pay Outs per MOU
100.140.435.14.419 Expenditure Electricity Building
Maintenance
$ 72,000 $ 11,000 $ 83,000 Estimated FY 22 Expenditures per Year-End Analysis
100.140.435.24.440 Expenditure Natural Gas Building
Maintenance
$ 6,000 $ 4,000 $ 10,000 Estimated FY 22 Expenditures
per Year-End Analysis
100.140.435.34.466 Expenditure Water
Building
Maintenance
$ 18,000 $ 5,000 $ 23,000 Estimated FY 22 Expenditures
per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $68,000.00
100.140.440.01.101 Expenditure Salaries, Regular Fleet
Maintenance
$ 253,880 $ 26,500 $ 280,380 Estimated FY 22 Expenditures per Year-End Analysis
100.140.440.06.601 Expenditure Vehicle Fuel Cost Fleet
Maintenance
$ 65,000 $ 50,000 $ 115,000 Increase in Fuel Costs
100.140.440.06.608 Expenditure Vehicle Maintenance Cost Fleet Maintenance
$ 110,000 $ 50,000 $ 160,000 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $126,500.00
100.150.501.01.101 Expenditure Salaries, Regular Comm Dev.

Administration
$ 152,439 $ 10,000 $ 162,439 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $10,000.00
GENERAL FUND - Open Space Maintenance Net Budget Change Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS:

GENERAL FUND - Community Dev. Administration Net Budget Change Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $10,000.00
$60,500.00
GENERAL FUND - Building Maintenance
GENERAL FUND - Traffic Signals & Street Lights Net Budget Change Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $17,000.00
GENERAL FUND - 100 (continued)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $18,000.00
GENERAL FUND - Finance Net Budget Change
Increase/(Decrease)
Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $68,000.00
GENERAL FUND - Fleet Maintenance Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $126,500.00

10.a
Packet Pg. 110 Attachment: FY 22 Proposed Year-End Budget Adjustments Schedule 06-20-22 (5060 : FY2020-2022

CITY OF BARSTOW
FY 2022 YEAR-END BUDGET REVIEW / BUDGET ADJUSTMENT REQUESTS 100.150.505.01.101 Expenditure Salaries, Regular Engineering $ 108,346 $ 6,700 $ 115,046 Estimated FY 22 Expenditures per Year-End Analysis
100.150.505.02.216 Expenditure Vacation/Annual Lv Pay Out Engineering $ - $ 2,500 $ 2,500 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $9,200.00
Account Number Account Type Account Description Division / Fund 2021/2022 Budget
Increase/(Decrease)
Revenue Budget
Increase/(Decrease)
Expenditure Budget
Adjusted FY
2021/2022 Budget Justification
100.150.511.01.101 Expenditure Salaries, Regular Building & Safety $ 522,676 $ 41,000 $ 563,676 Estimated FY 22 Expenditures per Year-End Analysis / New Staffing in FY 22
100.150.511.01.103 Expenditure Overtime Building & Safety $ 5,500 $ 13,200 $ 18,700 Estimated FY 22 Expenditures per Year-End Analysis / New Staffing in FY 22
100.150.511.01.109 Expenditure Insurance Offset Building & Safety $ 68,000 $ 18,000 $ 86,000 Estimated FY 22 Expenditures per Year-End Analysis / New Staffing in FY 22
100.150.511.02.201 Expenditure Benefits - Retirement Building & Safety $ 55,954 $ 1,000 $ 56,954 Estimated FY 22 Expenditures per Year-End Analysis / New Staffing in FY 22
100.150.511.02.214 Expenditure Benefits - State Disability Insurance Building & Safety $ 5,535 $ 500 $ 6,035 Estimated FY 22 Expenditures per Year-End Analysis / New Staffing in FY 22
100.150.511.02.216 Expenditure Vacation/Annual Lv Pay Out Building & Safety $ - $ 19,000 $ 19,000 Annual Pay Outs per MOU Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $92,700.00
100.160.630.01.101 Expenditure Salaries, Regular Parks & Rec $ 253,938 $ 22,000 $ 275,938 Estimated FY 22 Expenditures per Year-End Analysis
100.160.630.01.108 Expenditure Salaries, Casual Parks & Rec $ 138,500 $ 35,500 $ 174,000 Estimated FY 22 Expenditures per Year-End Analysis
100.160.630.02.216 Expenditure Vacation/Annual Lv Pay Out Parks & Rec $ 852 $ 15,000 $ 15,852 Annual Pay Outs per MOU 100.160.630.34.466 Expenditure Water - Foglesong Park Parks & Rec $ 92,000 $ 10,000 $ 102,000 Estimated FY 22 Expenditures per Year-End Analysis
100.160.630.34.467 Expenditure Water - Lillian Park Parks & Rec $ 26,000 $ 3,000 $ 29,000 Estimated FY 22 Expenditures per Year-End Analysis
100.160.630.34.473 Expenditure Water - Barstow Heights Parks & Rec $ 12,000 $ 3,000 $ 15,000 Estimated FY 22 Expenditures per Year-End Analysis
100.160.630.34.474 Expenditure Water - Stringham Park Parks & Rec $ 50,000 $ 10,000 $ 60,000 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $98,500.00
100.160.636.06.612 Expenditure Fees/Services Henderson Pool $ 18,100 $ 12,000 $ 30,100 Rebuild Pool Pump Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $12,000.00
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $955,900.00
GENERAL FUND - 100 (All Divisions) Net Budget Change
Increase/(Decrease)
GENERAL FUND - Building & Safety Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $92,700.00
GENERAL FUND - Henderson Pool Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $12,000.00
Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $98,500.00
GENERAL FUND - 100 (continued)
GENERAL FUND - Engineering Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $955,900.00
TOTAL REQUESTED BUDGET ADJUSTMENTS: $9,200.00
GENERAL FUND - Parks & Recreation

10.a
Packet Pg. 111 Attachment: FY 22 Proposed Year-End Budget Adjustments Schedule 06-20-22 (5060 : FY2020-2022

CITY OF BARSTOW
FY 2022 YEAR-END BUDGET REVIEW / BUDGET ADJUSTMENT REQUESTS Account Number Account Type Account Description Division / Fund 2021/2022 Budget
Increase/(Decrease)
Revenue Budget
Increase/(Decrease)
Expenditure Budget
Adjusted FY
2021/2022 Budget Justification
102.110.160.01.101 Expenditure Salaries, Regular IT $ 34,917 $ 2,000 $ 36,917 Estimated FY 22 Expenditures per Year-End Analysis
102.110.160.01.103 Expenditure Overtime IT $ 5,000 $ 500 $ 5,500 Estimated FY 22 Expenditures per Year-End Analysis
102.130.321.01.101 Expenditure Salaries, Regular Police-Uniform $ 502,794 $ 105,000 $ 607,794 Estimated FY 22 Expenditures per Year-End Analysis
102.130.321.01.103 Expenditure Overtime Police-Uniform $ 725,000 $ 230,000 $ 955,000 Estimated FY 22 Expenditures per Year-End Analysis
102.130.321.01.107 Expenditure Overtime - Court Police-Uniform $ 17,000 $ 4,000 $ 21,000 Estimated FY 22 Expenditures per Year-End Analysis
102.130.321.02.208 Expenditure Benefits - Medicare Police-Uniform $ 15,000 $ 12,000 $ 27,000 Estimated FY 22 Expenditures per Year-End Analysis
102.130.321.02.214 Expenditure Benefits - State Disability Insurance Police-Uniform $ 8,100 $ 2,600 $ 10,700 Estimated FY 22 Expenditures per Year-End Analysis
102.130.321.06.601 Expenditure Vehicle Fuel Cost Police-Uniform $ 55,000 $ 32,000 $ 87,000 Increase in Fuel Costs 102.130.321.06.608 Expenditure Vehicle Maintenance Cost Police-Uniform $ 50,000 $ 10,000 $ 60,000 Estimated FY 22 Expenditures per Year-End Analysis
102.130.323.01.101 Expenditure Salaries, Regular Police-Dispatch $ 90,314 $ 33,500 $ 123,814 Estimated FY 22 Expenditures per Year-End Analysis
102.130.323.01.103 Expenditure Overtime Police-Dispatch $ 110,000 $ 50,000 $ 160,000 Estimated FY 22 Expenditures per Year-End Analysis
102.130.323.01.109 Expenditure Insurance Offset Police-Dispatch $ 18,500 $ 5,000 $ 23,500 Estimated FY 22 Expenditures per Year-End Analysis
102.130.323.02.201 Expenditure Benefits - Retirement Police-Dispatch $ 10,823 $ 2,500 $ 13,323 Estimated FY 22 Expenditures per Year-End Analysis
102.130.324.01.101 Expenditure Salaries, Regular Police-Admin. $ 47,849 $ 2,000 $ 49,849 Estimated FY 22 Expenditures per Year-End Analysis
102.140.425.08.805 Expenditure John Deere 210L Front End Loader Street Maint. $ 105,698 $ 6,000 $ 111,698 Estimated FY 22 Expenditures per Year-End Analysis
102.140.425.08.899 Expenditure HW/SW/Network Street Maint. $ - $ 15,000 $ 15,000 Network Fiber Connection 102.140.440.01.101 Expenditure Salaries, Regular Fleet Maint. $ 63,462 $ 3,500 $ 66,962 Estimated FY 22 Expenditures per Year-End Analysis
102.225.225.09.103 Expenditure Transfer to Measure Q 103 (Fire) Fire $ 3,316,463 $ 506,863 $ 3,823,326 Estimated FY 22 Expenditures per Year-End Analysis
102.225.229.09.103 Expenditure Transfer to Measure Q 103 (Fire-Admin.) Fire Admin. $ 85,601 $ 5,125 $ 90,726 Estimated FY 22 Expendituresper Year-End Analysis Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $1,027,588.00
Account Number Account Type Account Description Division / Fund 2021/2022 Budget
Increase/(Decrease)
Revenue Budget
Increase/(Decrease)
Expenditure Budget
Adjusted FY
2021/2022 Budget Justification
103.225.225.01.103 Expenditure Overtime Fire-Admin. $ 1,065,000 $ 35,000 $ 1,100,000 Estimated FY 22 Expenditures per Year-End Analysis
103.225.229.01.101 Expenditure Salaries, Regular Fire-Admin. $ 68,704 $ 4,500 $ 73,204 Estimated FY 22 Expenditures per Year-End Analysis
103.225.229.01.103 Expenditure Overtime Fire-Admin. $ 250 $ 300 $ 550 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $4,800.00
GENERAL FUND - MEASURE Q (All Divisions Exc. Fire) Net Budget Change Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $1,027,588.00
GENERAL FUND / MEASURE Q (FIRE) - 103
GENERAL FUND - MEASURE Q - 103 (FIRE) Net Budget Change Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $4,800.00
GENERAL FUND / MEASURE Q - 102

10.a
Packet Pg. 112 Attachment: FY 22 Proposed Year-End Budget Adjustments Schedule 06-20-22 (5060 : FY2020-2022

SPECIAL REVENUE FUNDS
SB1 - 211
TOTAL REQUESTED BUDGET ADJUSTMENTS: ($237.00)
Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $691,463.00
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - 215
CDBG - 215 Net Budget Change
Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $283,996.00

10.a
Packet Pg. 113 Attachment: FY 22 Proposed Year-End Budget Adjustments Schedule 06-20-22 (5060 : FY2020-2022

TOTAL REQUESTED BUDGET ADJUSTMENTS: $15,178,534.00
$302,915.00
Net Budget Change
Increase/(Decrease)
GRANTS REIMBURSEABLE - 217
GRANTS REIMBURSEABLE - 217
GRANTS - PREFUNDED - 218
GRANTS - PREFUNDED - 218
BARSTOW COMMUNITY SERVICES FOUNDATION - 233
BARSTOW COMM SERVICES FOUNDATION - 233 Net Budget Change Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $35.00
SPECIAL REVENUE FUNDS (continued)
LOCAL TRANSPORTATION FUND (LTF) - 235
BARSTOW COMM SERVICES FOUNDATION - 233 Net Budget Change Increase/(Decrease)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $59,905.00

10.a
Packet Pg. 114 Attachment: FY 22 Proposed Year-End Budget Adjustments Schedule 06-20-22 (5060 : FY2020-2022

CITY OF BARSTOW
FY 2022 YEAR-END BUDGET REVIEW / BUDGET ADJUSTMENT REQUESTS Account Number Account Type Account Description Division / Fund 2021/2022 Budget
Increase/(Decrease)
Revenue Budget
Increase/(Decrease)
Expenditure Budget
Adjusted FY
2021/2022 Budget Justification
225.225.225.01.101 Expenditure Salaries, Regular Fire $ 1,923,346 $ 60,000 $ 1,983,346 Estimated FY 22 Expenditures per Year-End Analysis
225.225.225.02.210 Expenditure Workers Comp Claims Fire $ 424,500 $ 700,000 $ 1,124,500 Estimated FY 22 Expenditures per Year-End Analysis
225.225.225.02.216 Expenditure Vacation/Annual Lv Pay Out Fire $ 78,987 $ 20,000 $ 98,987 Estimated FY 22 Expenditures per Year-End Analysis
225.225.229.01.101 Expenditure Salaries, Regular Fire-Admin. $ 59,392 $ 3,000 $ 62,392 Estimated FY 22 Expenditures per Year-End Analysis
225.225.229.01.103 Expenditure Overtime Fire-Admin. $ - $ 300 $ 300 Estimated FY 22 Expenditures per Year-End Analysis
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $783,300.00
Account Number Account Type Account Description Division / Fund 2021/2022 Budget
Increase/(Decrease)
Revenue Budget
Increase/(Decrease)
Expenditure Budget
Adjusted FY
2021/2022 Budget Justification
400.900.820.100 Revenue Transfers Capital Projects $ - $ 295,000 $ 295,000 Transfer Budget from Funding Source to Capital Projects
400.900.820.202 Revenue Transfers Capital Projects $ - $ 15,043 $ 15,043 Transfer Budget from Funding Source to Capital Projects
400.900.820.209 Revenue Transfers Capital Projects $ - $ 200,000 $ 200,000 Transfer Budget from Funding Source to Capital Projects
400.900.820.211 Revenue Transfers Capital Projects $ - $ 1,121,463 $ 1,121,463 Transfer Budget from Funding Source to Capital Projects
400.900.820.215 Revenue Transfers Capital Projects $ 196,000 $ 283,996 $ 479,996 Transfer Budget from Funding Source to Capital Projects
400.900.820.217 Revenue Transfers Capital Projects $ - $ 16,136,674 $ 16,136,674 Transfer Budget from Funding Source to Capital Projects
400.900.820.235 Revenue Transfers Capital Projects $ - $ 59,905 $ 59,905 Transfer Budget from Funding Source to Capital Projects
400.900.820.425 Revenue Transfers Capital Projects $ - $ 250,201 $ 250,201 Transfer Budget from Funding Source to Capital Projects
400.900.820.605 Revenue Transfers Capital Projects $ - $ 3,678,975 $ 3,678,975 Transfer Budget from Funding Source to Capital Projects
400.900.820.709 Revenue Transfers Capital Projects $ - $ 1,928,697 $ 1,928,697 Transfer Budget from Funding Source to Capital Projects
400.801.128.15.217 Expenditure North 1st Ave. Bridge - Mojave River Capital Projects $ - $ 388,988 $ 388,988 Estimated FY 22 Expenditures per Year-End Analysis
400.801.128.15.709 Expenditure North 1st Ave. Bridge - Mojave River Capital Projects $ - $ 50,397 $ 50,397 Estimated FY 22 Expenditures per Year-End Analysis
400.801.128.20.209 Expenditure North 1st Ave. Bridge - Mojave River Proj. Mgmt.

Capital Projects $ - $ 100,000 $ 100,000 Estimated FY 22 Expenditures per Year-End Analysis
400.801.129.16.217 Expenditure North 1st Ave. Bridge - BNSF PS&E Capital Projects $ - $ 488,437 $ 488,437 Estimated FY 22 Expenditures per Year-End Analysis
400.801.129.16.709 Expenditure North 1st Ave. Bridge - BNSF PS&E Capital Projects $ - $ 63,282 $ 63,282 Estimated FY 22 Expenditures per Year-End Analysis
400.801.129.17.217 Expenditure North 1st Ave. Bridge - BNSF ROW Capital Projects $ - $ 14,009,030 $ 14,009,030 Estimated FY 22 Expenditures per Year-End Analysis
400.801.129.17.709 Expenditure North 1st Ave. Bridge - BNSF ROW Capital Projects $ - $ 1,815,018 $ 1,815,018 Estimated FY 22 Expenditures per Year-End Analysis
400.801.129.20.209 Expenditure North 1st Ave. Bridge - BNSF Project Mgmt.

Capital Projects $ - $ 100,000 $ 100,000 Estimated FY 22 Expenditures per Year-End Analysis
Net Budget Change
Increase/(Decrease)

BARSTOW FIRE PROTECTION DISTRICT
BARSTOW FIRE PROTECTION DISTRICT - 225
BARSTOW FIRE PROTECTION DISTRICT - 225
TOTAL REQUESTED BUDGET ADJUSTMENTS: $783,300.00
CAPITAL PROJECTS - 400

10.a
Packet Pg. 115 Attachment: FY 22 Proposed Year-End Budget Adjustments Schedule 06-20-22 (5060 : FY2020-2022

CITY OF BARSTOW
FY 2022 YEAR-END BUDGET REVIEW / BUDGET ADJUSTMENT REQUESTS 400.801.130.21.211 Expenditure SB-1 West Section 7 (Phase One) Capital Projects $ - $ 6,743 $ 6,743 Estimated FY 22 Expenditures per Year-End Analysis
400.801.130.21.235 Expenditure West Section 7 (Phase One) Capital Projects $ - $ 59,905 $ 59,905 Estimated FY 22 Expenditures per Year-End Analysis
400.801.131.20.211 Expenditure SB-1 Pavement Preservation 2020 Capital Projects $ - $ 283,368 $ 283,368 Estimated FY 22 Expenditures per Year-End Analysis
400.801.131.20.425 Expenditure Pavement Preservation 2020 Capital Projects $ - $ 135,201 $ 135,201 Estimated FY 22 Expenditures per Year-End Analysis
400.801.132.20.211 Expenditure Speed Survey and Data Coll. Project Capital Projects $ - $ 62,803 $ 62,803 Estimated FY 22 Expenditures per Year-End Analysis
400.801.133.21.211 Expenditure SB-1 High Point/Commerce Pkwy. Capital Projects $ - $ 136,549 $ 136,549 Estimated FY 22 Expenditures per Year-End Analysis
400.801.136.21.211 Expenditure SB-1 Irwin Rd - Pavement w/ County Capital Projects $ - $ 42,000 $ 42,000 Estimated FY 22 Expenditures per Year-End Analysis
400.802.217.21.425 Expenditure Storm Drain/Flood Control - Lenwood Capital Projects $ - $ 40,000 $ 40,000 Estimated FY 22 Expenditures per Year-End Analysis
400.803.316.17.217 Expenditure Main St./Barstow Road Traffic Signal HSIP
Capital Projects $ - $ 712,900 $ 712,900 Estimated FY 22 Expenditures per Year-End Analysis
400.803.316.21.211 Expenditure SB-1 Main St./Barstow Rd.

Traffic Signal Capital Projects $ - $ 15,000 $ 15,000 Estimated FY 22 Expendituresper Year-End Analysis 400.803.316.21.425 Expenditure Main St./Barstow Road Traffic Signal DIF
Capital Projects $ - $ 75,000 $ 75,000 Estimated FY 22 Expenditures per Year-End Analysis
400.803.317.18.217 Expenditure Rimrock/Barstow Rd. Traffic Signal HSIP
Capital Projects $ - $ 180,000 $ 180,000 Estimated FY 22 Expenditures per Year-End Analysis
400.803.317.21.211 Expenditure Rimrock/Barstow Rd. Traffic Signal SB-1
Capital Projects $ - $ 575,000 $ 575,000 Estimated FY 22 Expenditures per Year-End Analysis
400.803.319.20.605 Expenditure Wastewater Aerobic Digester Project Capital Projects $ 3,678,748 $ 227 $ 3,678,975 Estimated FY 22 Expenditures per Year-End Analysis
400.804.417.20.215 Expenditure CDBG - Lillian Park ADA Restrooms Capital Projects $ - $ 283,996 $ 283,996 Estimated FY 22 Expenditures per Year-End Analysis
400.805.517.20.217 Expenditure 7th Ave. Specific Plan - SB2 Capital Projects $ - $ 31,011 $ 31,011 Estimated FY 22 Expenditures per Year-End Analysis
400.805.518.21.217 Expenditure General Plan Update - LEAP Capital Projects $ - $ 133,739 $ 133,739 Estimated FY 22 Expenditures per Year-End Analysis
400.806.602.21.202 Expenditure COVID PH-3-4 Council Chambers Media Room Capital Projects $ - $ 15,043 $ 15,043 Estimated FY 22 Expendituresper Year-End Analysis Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$23,969,954.00 $19,803,637.00
Account Number Account Type Account Description Division / Fund 2021/2022 Budget
Increase/(Decrease)
Revenue Budget
Increase/(Decrease)
Expenditure Budget
Adjusted FY
2021/2022 Budget Justification
425.425.425.09.400 Expenditure Transfer to CIP Fund Dev. Fund $ - $ 250,201 $ 250,201 Transfer from Funding Source to Capital Projects
Revenues
Increase/(Decrease)
Expenditures
Increase/(Decrease)
$0.00 $250,201.00
DEVELOPMENT FUND - 425
TOTAL REQUESTED BUDGET ADJUSTMENTS: ($4,166,317.00)
CAPITAL PROJECTS - 400 Net Budget Change
Increase/(Decrease)
CAPITAL PROJECTS - 400 (continued)
TOTAL REQUESTED BUDGET ADJUSTMENTS: $250,201.00
LANDSCAPE DIST & LIGHT MAINT DIST - 530 Net Budget Change Increase/(Decrease)

10.a
Packet Pg. 116 Attachment: FY 22 Proposed Year-End Budget Adjustments Schedule 06-20-22 (5060 : FY2020-2022

ENTERPRISE FUNDS
WASTEWATER RECLAMATION - 605
WASTEWATER RECLAMATION - 650 Net Budget Change
Increase/(Decrease)

10.a
Packet Pg. 117 Attachment: FY 22 Proposed Year-End Budget Adjustments Schedule 06-20-22 (5060 : FY2020-2022 Joint Special Council/BFPD
06/20/22 07:00 PM
Environmental Services
Jessica Reed
Public Hearing
Doc ID: 5009

COUNCIL RESOLUTION
AGENDA MATTER:

BURRTEC WASTE FRANCHISE AMENDMENT AND RATE UPDATES FOR SB 1383 PROGRAM

IMPLEMENTATION
EXECUTIVE SUMMARY:

SB 1383 requires that jurisdictions provide organic waste collection service to all residents and businesses, conduct education and outreach, meet procurement targets, establish a monitoring and enforcement program, establish an edible food recovery program, maintain a detailed implementation record, provide periodic reports, and plan for capacity in support of the State's plan to considerably reduce and recycle organic waste. SB 1383 is the most significant solid waste/recycling mandate in the last 30 years.

As the City's exclusive franchise hauler, Burrtec Waste will be providing assistance with implementation of the organics collection program and other regulatory compliance activities, which means that the current franchise agreement must be amended to reflect the services being provided in accordance with the law. Additionally, rates must be updated as a direct result of the changes in service requirements, as well as for the annual Consumer Price Index (CPI) adjustment pursuant to the existing franchise. If approved, the service changes and rates would be effective July 1, 2022.

DISCUSSION:

Senate Bill 1383 was signed into law in 2016, regulations were finalized in late 2020, and the mandates went into effect on January 1, 2022. The law sets aggressive targets, requiring Californians to reduce organic waste disposal by 75% by 2025 and increase edible food recovery by 20% by 2025.

On December 6, 2021, the City Council adopted Ordinance 983-2021, expressing its commitment to support the statewide efforts to reduce emissions of short-lived climate pollutants and mandating organic waste disposal reduction and recycling in our community.

The City of Barstow and other jurisdictions across the state continue to work diligently towards achieving compliance with SB 1383 and doing their part to protect the health of local communities and the environment via new programs. The City has an existing organics recycling program for commercial entities as required by AB 1826 and now with SB 1383, the requirements will be expanding to residents.

The City has conducted outreach and education to the community about the ordinance and proposed program via bill inserts, standalone mailers, a new web page, social media platforms, radio, presentations, and Channel 6 in preparation of this implementation.

Under the residential program, each single-family dwelling and each unit of multi-family dwellings of 2 to 4 units will be provided one (1) 35-gallon green barrel to collect source-separated organic waste (bagged food scraps and loose yard waste). Burrtec will provide weekly pickup of the organics on residents' regular trash & recycle pickup day and transport the material to its expanded Material Recovery Facility, Victor Valley Compost, where it will be processed into compost/mulch and sold to farmers, thereby giving back to the environment rather than causing adverse impacts. Burrtec is prepared to immediately deliver containers with program guides to all affected residents should this program be approved, and collection would begin on the regular service day following container delivery. Postcards are being mailed to residents to inform them of the pertinent information.
11 Packet Pg. 118
Joint Special Council/BFPD
06/20/22 07:00 PM
Environmental Services
Jessica Reed
Public Hearing
Doc ID: 5009

COUNCIL RESOLUTION
In addition to Burrtec providing the new residential organics route, which includes the collection, vehicle(s), equipment, containers, labor, and material processing, they will also be assisting with other obligations stipulated in the regulations, including but not limited to:
 Education & Outreach Activities
o Burrtec will assist with the development and distribution of print and electronic material in English and Spanish, participate in community meetings and events, and provide information on the city’s programs when dealing with the public.  Record Keeping and Reporting
o Burrtec will utilize a new, innovative software system to maintain all SB 1383 related activities to meet the regulations. City staff will have full access to the system at all times in order to view and/or update data as needed to achieve compliance.  Procurement
o Burrtec will coordinate and cooperate with the City to meet its annual procurement target as required by the regulations, including holding periodic compost/mulch giveaway events.
 Monitoring & Enforcement
o Burrtec will assist in meeting contamination monitoring requirements including conducting waste evaluations in a manner which complies with the law. They will assist the City with identification of any non-compliant accounts and communications with those responsible for achieving compliance.
 Capacity Planning
o Burrtec will assist the City with preparing an Organic Waste Recycling Capacity Plan for San Bernardino County, who is responsible for leading the efforts to ensure jurisdictions within its boundaries are taking specific steps to guarantee access to capacity in the future.

Burrtec has demonstrated to the City and CalRecycle, their commitment to work collectively on developing a comprehensive SB 1383 compliance program designed to fulfill the state-mandated requirements. The program is a massive undertaking for jurisdictions and similarly, this is no simple task for haulers. A strong partnership is essential in taking this on; therefore, we must continue to work together to meet the regulations in the most efficient and cost-effective manner.

Although the State is imposing these extensive requirements upon jurisdictions, it is not providing the significant financial support needed to fully implement the many facets of the program, which means a rate increase is necessary in order to cover costs associated with these legal obligations.

Additionally, pursuant to the existing franchise, Burrtec may submit a request for rate review once a year, to include a gross adjustment of 100% of the percentage increase in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles-Anaheim-Riverside area, for the previous 12 month period for which information is received from the U.S. Department of Labor, but not to exceed 5% per year. The proposed rate increase includes a CPI adjustment of 3.83% across all rate categories.

Pursuant to Article XIIID of the California Constitution, the City sent written notification of the proposed rate increase (Prop 218 Notice) to all owners of real property within its service area who would be directly liable to pay for trash collection services at least 45 days prior to the hearing. The notice included the basis upon which the rates were calculated, the reason for the proposed increase, and instructions on how to participate in the hearing.
11 Packet Pg. 119
Joint Special Council/BFPD
06/20/22 07:00 PM
Environmental Services
Jessica Reed
Public Hearing
Doc ID: 5009

COUNCIL RESOLUTION
The current proposed increase for standard residential service is of $8.02 per month and is based on the following factors:
 A $0.57 per month increase for collection service based on the 2021 average CPI. The CPI is part of the service component of the hauler rate, which means even though the City bills it as part of the total rate, that portion gets paid to Burrtec each month for them to provide the collection service.
 A $5.41 per month increase for SB 1383 implementation, which covers costs for additional collection, vehicle(s), equipment, containers, labor, and regulatory compliance activities. This is also part of the hauler service component.
 A $0.60 per month increase in the franchise fee to reflect the CPI increase. Pursuant to the franchise agreement, the franchise fee is 10% of the total gross receipts; the money goes to the City and is used towards the costs associated with managing the franchise. Based on the approved rate structure stipulated in the contract, any time the service fee goes up, it will result in an increase to the franchise fee.
 A $0.30 per month increase in the administrative fee to reflect the CPI increase. Pursuant to the franchise agreement, the administrative fee is 5% of the total gross receipts; the money goes to the City and is used towards the costs associated with administering the various solid waste & recycling programs. Based on the approved rate structure stipulated in the contract, any time the service fee goes up, it will result in an increase to the administrative fee.  A $0.08 per month increase to the landfill disposal fee.  A $1.06 per month increase for the cost of processing of the organic material into compost.

With that being said, in consideration of the significant financial impact, this increase would have on the community, particularly those fixed or low-income households, the City and Burrtec have negotiated an alternative option, which includes a 10-year extension of the franchise agreement, changing the term end date from August 31, 2033 to August 31, 2043. The extension would allow the City to spread program costs over a 3-year period, resulting in a significant decrease in the currently proposed rate adjustment while still enabling us to move forward with full SB 1383 implementation without delay.

Should the Council vote to approve the extended-term contract option (Option 2), the rate increase would go from $8.02 per month down to $2.82 per month.

Again, this program is mandated by State law, and should the City decide not to move forward with this item, we would be subject to penalties by the State of up to $10,000 per day. In order to avoid a noncompliance order and hefty fines, it is imperative that the Council take action on one of the two options being presented.

At this time, City staff is in favor of Option 2, as by spreading the costs over time, the incremental increase allows for a lesser burden on the ratepayer up front and provides a schedule for the customer to consider when planning their household budgets. Additionally, staff does not currently foresee any real potential to change haulers in the next 20 years, due to our geographical area and the presumably enormous undertaking that it would be to transfer the City’s well-established waste collection and recycling programs to another entity that would have no roots in Barstow.

Attached to this report are the following documents for review:

1. Resolution adopting the Second Amended and Restated Franchise Agreement and related exhibits

2. Redline of existing franchise agreement showing changes under the second amended restated 11 Packet Pg. 120
Joint Special Council/BFPD
06/20/22 07:00 PM
Environmental Services
Jessica Reed
Public Hearing
Doc ID: 5009

COUNCIL RESOLUTION
agreement.

3. Clean version of the second amended and restated agreement with the existing term end date of August 31, 2033. (Option 1)

4. Clean version the of second amended and restated agreement with extended-term end date of August 31, 2043 (Option 2).

5. Copy of hearing notice for the rate increase
FISCAL IMPACT:

Cost for the Prop 218 notice is approximately $4,790.00 using AB 939 funds available in the FY 21-22 Budget. The proposed rate increase will result in an increase in franchise and administrative fee revenue for FY 22-23, as the City receives a franchise fee of 10% of all gross receipts excluding sewer fees, AB939/State Program Compliance Fees, and tipping fees, and an administrative fee of 5% of all gross receipts excluding the same.

RECOMMENDED ACTION:

Option 1. Adopt Resolution No. _____-2022 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the existing term end date of August 31, 2033, and direct the City Clerk to handle the execution of the agreement; OR Option 2. Adopt Resolution No. ______-2022 for the 2nd Amended and Restated Franchise Agreement with Burrtec Waste Industries, Inc., related exhibits and rate schedule at the extended-term end date of August 31, 2043, and direct the City Clerk to handle the execution of the agreement. 11 Packet Pg. 121
City Council Resolution No. -2022 1
RESOLUTION NO. -2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

BARSTOW, CALIFORNIA, ADOPTING THE SECOND

AMENDED AND RESTATED AGREEMENT FOR SOLID

WASTE AND RECYCLABLE MATERIALS COLLECTION,

PROCESSING, DISPOSAL AND STREET SWEEPING
SERVICES FOR COMPLIANCE WITH SB 1383 –

REDUCTION OF SHORT-LIVED CLIMATE POLLUTANTS

IN CALIFORNIA
WHEREAS, the City of Barstow entered into a contract (“Franchise Agreement”) with Burrtec Waste Industries, In. (“Burrtec”) on July 1, 2004 for the collection of solid waste, garbage, rubbish, swill and recyclables within the City of Barstow; and WHEREAS, on October 4, 2006, the City adopted Resolution 4299-2006, which approved the Amended and Restated Franchise Agreement; and
WHEREAS, on September 17, 2007, the City approved Amendment No. 1 to the Franchise Agreement; and
WHEREAS, on October 6, 2019, the City approved Amendment No. 2 to the Franchise Agreement; and
WHEREAS, on July 15, 2013, the City approved Amendment No. 3 to the Franchise Agreement; and
WHEREAS, on May 2, 2016, the City adopted Resolution 4831-2016, incorporating all previous amendments as the Amended and Restated Franchise Agreement; and WHEREAS, on October 5, 2020, the City adopted Resolution 5005-2020, replacing Resolution 4831-2016 with a new Amended and Restated Agreement; and WHEREAS, desires to replace Resolution 5005-2020 with a Second Amended and Restated Agreement attached hereto as Exhibit A; and
WHEREAS, under the proposed Second Amended and Restated Agreement the City and Burrtec agree to implement programs as required under Senate Bill 1383; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BARSTOW DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1: The Second Amended Restated Agreement for Solid Waste and Recyclable Materials Collection, Processing, Disposal and Street Sweeping Services attached hereto as Exhibit A is hereby adopted.

SECTION 2: Severability. If any one or more portions of this Resolution shall be ruled illegal or unenforceable in any respect by a court of competent jurisdiction the

11.a
Packet Pg. 122 Attachment: Reso Burrtec Franchise 2022 SB 1383 Second ARA 6-9-2022 (ARG Edits)(284283.1) (5009 : Burrtec Waste Franchise Amendment City Council Resolution No. -2022 2
validity, legality and enforceability of the remaining portions and provisions thereof shall not in any way be affected or impaired and to that end the provision hereof are severable.

SECTION 3: The City Clerk shall certify to the passage and adoption of the Resolution and enter it into the book of original Resolutions.

PASSED AND ADOPTED THIS 20TH DAY OF JUNE 2022
Paul Anthony Courtney, Dr. B.A.

Mayor
ATTEST:

I, Andrea Flores, City Clerk for the City of Barstow, California and ex-officio Clerk of the City Council, do hereby certify, UNDER PENALTY OF PERJURY, that the foregoing is a true and correct copy of Resolution No. _ -2022 which was introduced and adopted at the regular meeting of the City Council of the City of Barstow held on the 20th day of June, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

Andrea Flores
City Clerk
Andrea Flores
City Clerk

11.a
Packet Pg. 123 Attachment: Reso Burrtec Franchise 2022 SB 1383 Second ARA 6-9-2022 (ARG Edits)(284283.1) (5009 : Burrtec Waste Franchise Amendment RESOLUTION -20202022

EXHIBIT A

SECOND AMENDED AND RESTATED AGREEMENT FOR

SOLID WASTE AND RECYCLABLES

COLLECTION, PROCESSING, DISPOSAL AND STREET SWEEPING SERVICES By and Between

CITY OF BARSTOW,
Aa Municipal Corporation,
And
and
BURRTEC WASTE INDUSTRIES, INC.

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11.b
Packet Pg. 124 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and

11.b
Packet Pg. 125 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and

TABLE OF CONTENTS
ARTICLE I. - PARTIES; EXCLUSIVE RIGHTS; TERM OF AGREEMENT ..................... 1

1.1 Parties to the Agreement................................................................................................. 2

1.2 Representatives of Parties and Service of Notices .......................................................... 2

1.3 Issuance of Exclusive Rights............................................................................................. 3

1.4 Term ................................................................................................................................. 4 ARTICLE II - DEFINITIONS ................................................................................................................ 4 ARTICLE III – COLLECTOR’S OBLIGATIONS .................................................................................... 14

3.1 Governing Requirements............................................................................................... 14

3.2 Payments........................................................................................................................ 15

3.3 AB 939 Fee..................................................................................................................... 16

3.4 Recycling......................................................................................................................... 16

3.5 Manner of Collection...................................................................................................... 16

3.6 Red Tag and Rejection of Waste/Recycling. .................................................................. 16

3.7 Day and Time for Collection........................................................................................... 16

3.8 Collection on Holidays.................................................................................................... 17

3.9 Collection from Residential Premises. ........................................................................... 17

3.10 Collection from Commercial/Industrial Premises.......................................................... 18

3.11 City Facilities................................................................................................................... 19

3.12 Street Sweeping ............................................................................................................. 19

3.13 Special Events................................................................................................................. 21

3.14 Special Services .............................................................................................................. 22

3.15 Deposit of Solid Waste/Processing of Recyclable Materials.......................................... 23

3.16 Records and Reports; Audits.......................................................................................... 24

3.17 Equipment...................................................................................................................... 25

3.18 Employees; Training ....................................................................................................... 26

3.19 Collection Impediments................................................................................................. 27

3.20 Insurance........................................................................................................................ 28

3.21 Indemnification .............................................................................................................. 28

3.22 Privacy. ........................................................................................................................... 29

3.23 Hazardous Waste Notifications and Procedures ........................................................... 29

3.24 Ownership of Solid Waste and Recyclable Materials .................................................... 30

3.25 Performance Monitoring................................................................................................ 30

3.26 Mandated Operational Changes.................................................................................... 31

3.27 Community Education and Information; Press Releases............................................... 31

3.28 Customer Service Performance Standards .................................................................... 31

3.29 Complaints/Compliments .............................................................................................. 32

3.30 Solid Waste Management Plan: Diversion Rate ............................................................ 32

3.31 Independent Contractor ................................................................................................ 33

3.32 Performance Security..................................................................................................... 33

3.33 Collection Systems ......................................................................................................... 33

3.34 Use of Plastic Bags for SSGCOW Collection.................................................................... 34

3.35 Contamination Monitoring ............................................................................................ 34

11.b
Packet Pg. 126 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and

3.36 Route Reviews and Waste Evaluations.......................................................................... 35

3.37 Education and Outreach ................................................................................................ 37

3.38 Commercial General Waiver Program Coordination ..................................................... 38

3.40 Complaints...................................................................................................................... 39 ARTICLE IV – RATES, BILLING AND PAYMENT ............................................................................... 40

4.1 Sale of Accessories......................................................................................................... 40

4.2 Rates............................................................................................................................... 41

4.3 Rate Adjustment............................................................................................................. 41

4.4 Billing .............................................................................................................................. 42

4.5 Delinquent Accounts...................................................................................................... 43 ARTICLE V – ADMINISTRATIVE REMEDIES, TERMINATION IMPOSITION OF DAMAGES............... 43

5.1 Default; Notice ............................................................................................................... 43

5.2 Institution of Legal Actions............................................................................................. 44

5.3 Notice; Response; Resolution; Appeal ........................................................................... 44

5.4 City Council Determination ............................................................................................ 46

5.5 Continued Performance by Collector............................................................................. 46

5.6 Termination for Cause.................................................................................................... 46

5.7 Liquidated Damages....................................................................................................... 47

5.8 Cumulative Rights........................................................................................................... 48

5.9 City’s Additional Remedies............................................................................................. 48 ARTICLE VI - ASSIGNMENT ............................................................................................................ 49

6.1 Assignment of Agreement.............................................................................................. 49

6.2 Transfer of Franchise; City Consent ............................................................................... 49

6.3 Eligibility for Assignment or Transfer............................................................................. 49 ARTICLE VII - MISCELLANEOUS ..................................................................................................... 49

7.1 Construction................................................................................................................... 49

7.2 Calendar Days; Working Days ........................................................................................ 50

7.3 Severability..................................................................................................................... 50

7.4 Captions and References................................................................................................ 50

7.5 Time of the Essence ....................................................................................................... 50

7.6 No Oral Modifications.................................................................................................... 50

7.7 Force Majeure ................................................................................................................ 50

7.8 Law to Govern; Venue.................................................................................................... 50

7.9 Fees and Gratuities......................................................................................................... 50

7.10 Amendments.................................................................................................................. 51

7.11 Joint Drafting.................................................................................................................. 51

7.12 Execution in Counterparts.............................................................................................. 51 EXHIBIT A – COLLECTION RATES ...................................................... Error! Bookmark not defined.

EXHIBIT B – RECYCLABLE MATERIALS ........................................................................................... 56 EXHIBIT C – PARKING LOTS TO BE SWEPT .................................................................................... 58 EXHIBIT D – HAULER SERVICE FEE................................................................................................. 60

11.b
Packet Pg. 127 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 1 Formatted: Indent: First line: 0.5"

SECOND AMENDED AND RESTATED AGREEMENT FOR

SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION,

COLLECTION, PROCESSING, DISPOSAL, AND STREET SWEEPING SERVICES This Agreement for Solid Waste and Recyclables Collection, Processing, Disposal and Street Sweeping Services (“Agreement”) is entered into as of June 20 November 1, 2020____________, 2022 by and between the CITY OF BARSTOW, a municipal corporation, organized and existing under the laws of the State of California (“City”) and Burrtec Waste Industries, Inc., a California corporation (“Collector”), as follows:

RECITALS
This Agreement is entered into on the basis of the following facts, understandings, and intentions of the parties:

WHEREAS, the City and Collector are parties to Contractor previously entered into that certain Exclusive Franchise Agreement for Solid Waste and RecyclablesRecyclable Materials Collection, Processing and, Disposal and Street Sweeping Services as amendeddated November 1, 2020 (the “Agreement”), [including amendments thereto]; and restated on October 4, 2006 as Exhibit A to Resolution 4299-2006,
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 Section 40000, et seq.), has declared that it is in the public interest to authorize and as amended by that certain Amendment No. 1 dated September 17, 2007,require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions; and, a) WHEREAS, the State of
California has found and declared that certain Amendment No. 2 dated October 6, 2009, andthe 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,have created an urgent need for State and local agenciesto enact and implement an aggressive integrated waste management program. The State has, through enactment of AB 939 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), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short- Lived Climate Pollutants Bill of 2016 (SB 1383), directed the 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 certain Amendment No. 3 dated July 15, 2013 (collectively, the “Franchise Agreement”).must be Disposed; and,
b) The parties are also governed by Resolution 4379-2007 dated September 17, 2007 which controls specific requirements and details of the Franchise.

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Packet Pg. 128 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 2 Formatted: Indent: First line: 0.5"
c) The parties now desire to amend and restate the Franchise Agreement to incorporate all previous Amendments and Resolutions and to incorporate new requirements for compliance with recent California legislation.

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; and
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 has chosen to delegate some of its responsibilities to the Contractor, acting as the City’s designee, and Contractor desires to take on these responsibilities; and WHEREAS, the City and Contractor desire to amend the Agreement as set forth herein.

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:

ARTICLE I
– PARTIES; EXCLUSIVE RIGHTS; TERM OF AGREEMENT

1.1 ARTICLE I
PARTIES; EXCLUSIVE RIGHTS; TERM OF AGREEMENT

1.1 Parties to the Agreement. The parties to this Agreement are:
a)a. City: The City of Barstow, a municipal corporation, having its principal office at 220 East Mountain View, Suite A, Barstow, California 92311. b)b. Collector: Burrtec Waste Industries, Inc. a California Corporation, having its principal place of business at 2340 West Main Street, Barstow, California 92311.

1.2 Representatives of Parties and Service of Notices. The representatives of the parties primarily responsible for the administration of this Agreement, and to whom formal notices, demands and communications shall be given, are as follows:
a. The principal representative of City shall be:

Willie Hopkins, City Manager (or his designee),
City of Barstow
220 East Mountain View, Suite A
Barstow, California 92311-2888
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Packet Pg. 129 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 3 Formatted: Indent: First line: 0.5"
Telephone: (760) 255-5101
Email: [email protected]
Facsimile: (760) 256-1750
b. The principal representative of Collector shall be:

Mr. Cole Burr, President
Burrtec Waste Industries, Inc.
9890 Cherry Avenue
Fontana, CA 92335
Telephone: (909) 429-4200
Facsimile: (909) 429-4298
c. Formal notices, demands, and communications to be given hereunder by either party shall be made in writing and shall be effective upon the date of personal delivery, facsimile, or in the case of mailing, on the date of delivery or attempted delivery as shown on the U.S. Postal Service certified mail return receipt.
d. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall be given to City representative within five (5) working days of the change.

1.3 Issuance of Exclusive Rights.
a. Subject to the terms and conditions of this Agreement, and applicable state laws, City hereby grants and issues to Collector the exclusive authority, right and privilege to collect, pickup, gather, remove and dispose of all Solid Waste and Recyclable Materials generated or accumulated by all residential and commercial/industrial users or customers within the City, for the term of this Agreement, unless earlier terminated as provided herein. b. Collector’s exclusive rights hereunder shall be further subject to the rights of state, county, college and school district facilities to use a solid waste enterprise other than Collector. c. Collector accepts the terms of this Agreement as defining the scope of its exclusive rights to provide Solid Waste and Recyclable Materials collection, processing, disposal and street sweeping services in the City of Barstow, and this Agreement supersedes all prior franchise rights and prior agreements. Collector waives any right or claim to provide Solid Waste or Recyclable Materials collection, processing, or disposal services in the City of Barstow under any prior grant of franchise, contract, license or permit, including but not limited to the 1997 Agreement and any right under Section 49520 of the Public Resources Code. d. The City shall protect Collector's exclusive rights by proper ordinances, and by reasonable enforcement of those ordinances. Should the City be required to take administrative, law

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Packet Pg. 130 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 4 Formatted: Indent: First line: 0.5"
enforcement, or other legal action against any person that infringes on Collector's exclusive rights, Collector shall reimburse the City for its reasonable administrative, law enforcement, or other legal costs related to any such action. Nothing herein shall preclude Collector from taking such legal action against third parties as it deems appropriate to protect the exclusive rights hereunder.

1.4 Term. The term of thisThis Agreement shall commence on July 1, 20042022 and continue in full force and effect until midnight on August 31, 2033. The parties may, unless extended by mutual written consent, further extend agreement of the term of this Agreement in the manner set forth in Section 7City and Contractor.

ARTICLE II
- DEFINITIONS

2.1 Definitions.

ARTICLE II

DEFINITIONS
Whenever any term used in this Agreement has been defined by Chapter 6.20 of the Barstow Municipal Code or Division 30, Part 1, Chapter 2 of the California Public Resources Code, the definitions in Chapter 6.20 or the Public Resources Code shall apply unless the term is otherwise defined in this Agreement. In addition, the following definitions are hereby incorporated into this Agreement:
i. “Act” shall mean the California Integrated Waste Management Act of 1989, as it now exists or may subsequently be amended, and implementing regulations found at California Public Resources Code Sections 40000 et. seq. ii. “Applicable Law” shall mean applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of Solid Waste or Hazardous Waste, RCRA, CERCLA, the Act and the City Municipal Code. iii. “Automated Collection” or “Fully Automated Collection System” shall mean the collection of Solid Waste and Recyclable Materials using Standard Residential Solid Waste containers and vehicles designed so that Collector’s employees are not required to leave the vehicle to collect the Solid Waste or Recyclable Materials. iv. “Back-Haul” means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). iv.v. “Bin” or “Residential Solid Waste Bin” shall mean a state-of-the-art bin or Solid Waste container with a capacity of between 1 and 3 cubic yards, designated for mechanical Formatted: Font: +Body (Calibri)
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Packet Pg. 131 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 5 Formatted: Indent: First line: 0.5"
pickup by collection vehicles and equipped with a lid, or where appropriate for the subject premises, a roll-off or drop box or compactor.
vi. “Black Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of container waste or mixed waste.
vii. “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials (SSBCOW).
viii. “Brown Container” has the same meaning as in 14 CCR Section 18982.2(a)(5.5) and shall be used for the purpose of storage and collection of source separated food waste. v.ix. “Bulky Items” shall mean large and small household appliances, furniture, carpets, mattresses, and similar large items discarded by residential service recipients, provided such items may be lifted by no more than two people and may be contained within a standard size pickup truck.
x. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7, Chapter 12 of the California Code of Regulations). xi. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions and other regulated entities. vi.xii. “CERCLA” or “Superfund” shall mean the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq. and all future amendments.
vii. “CalRecycle” shall mean the California Department of Resources, Recycling and Recover, or any successor regulatory board or agency.
viii.xiii. “City” shall mean the City of Barstow.
ix.xiv. “City Facilities” shall mean: City Hall, Harvey House, Corporation Yard, and any other facility used primarily by the City that may be constructed or leased during the term of this Agreement.
x.xv. “City Manager” shall mean: the City Manager of the City or the designated representative of the City Manager of the City.

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Packet Pg. 132 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 6 Formatted: Indent: First line: 0.5"
xi.xvi. “Collection Costs” shall mean, for purposes of Section 4.3, of this Agreement, all costs incurred by Collector, including the allocation of Collector’s overhead, for the collection and transportation of Solid Waste and Recyclable Materials to a disposal facility, except for the tipping fees or other costs charged for the actual disposal by a disposal facility and incurred directly or indirectly by Collector.
xii.xvii. “Collector” shall mean Burrtec Waste Industries, Inc. and term means the same as “Contractor”
xviii. “Commercial Edible Food Generators” includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).
xiii.xix. “Commercial/Industrial Premises” shall mean any businesses located within the City that must apply for a City Business Permit / Licenses. Industrial customers may mean premises with roll-off bin services.
xiv.xx. “Commingled Recyclable Materials” shall mean two or more different types of Recyclable Materials (e.g. glass bottles and steel cans) placed in the same container when set out for collection.
xxi. “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
xxii. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.
xv.xxiii. “Composting Facility” shall mean the facility for processing organic material including green waste and/or food waste.
xvi.xxiv. “Construction and Demolition Waste” shall mean any Solid Waste or other debris generated as a result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.
xvii.xxv. “Control” shall mean, for purposes of Section 6.2 of this Agreement, the possession (direct or indirect) of the power to direct or cause the direction of the management and policies of a corporation, partnership, joint venture, or other association.

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Packet Pg. 133 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 7 Formatted: Indent: First line: 0.5"
xviii.xxvi. “Disposal Facility” shall mean the facility or facilitates including landfills, for disposing of Solid Waste and/or residue from a Processing Facility, Composting Facility and/or Transfer Station.
xxvii. “Diversion (or any variation thereof including “Divert”)” means activities which reduce or eliminate Discarded Materials from Disposal, including, but not limited to, source reduction, Reuse, salvage, Recycling, and composting.
xix.xxviii. “Diversion Rate” shall mean the calculation, in the manner required by Public Resources Code Sections 41780, et seq., of the percentage of total Solid Waste and recyclable materials generated in the City during a twelve-month period, that was diverted from landfill disposal or transformation in the same twelve month period. xxix. “Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizesthe recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.
xx.xxx. “Effective Date” shall mean the date specified in the Preamble on page 1 of this Agreement.
xxi.xxxi. “Environmental Statutes” shall mean, for purposes of this Agreement, 42 United States Code Sections 9600, et seq., 42 U.S.C. Sections 6901, et seq., California Health and Safety Code Sections 25300, et seq., or successor statutes.
xxxii. “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 Facility operator(s) reasonably believe(s) would, as a result of orupon 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.
xxxiii. “Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).

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Packet Pg. 134 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 8 Formatted: Indent: First line: 0.5"
xxxiv. “Food Recovery Organization” means an entity that primarily engagesin the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

A. A food bank as defined in Section 113783 of the Health and Safety Code; B. A nonprofit charitable organization as defined in Section 113841 oftheHealth and Safety code; and,
C. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this Agreement.
xxxv. “Food Recovery Service” means a Person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery; or as otherwise defined in 14 CCR Section 18982(a)(26). xxxvi. “Food Scraps” means the unavoidable waste products from food preparation including but not limited to, carrot peelings, apple cores, meat trimmings, bones. Food Scraps excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Scraps.
xxxvii. “Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, napkins and pizza boxes. xxxviii. “Food Waste” means allfood and food scrapssuch as, but notlimited to,fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells Food Waste excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Waste. Food Waste is a subset of SSGCOW. Edible Food separated for Food Recovery shall not be considered Food Waste. xxxix. “Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste. xl. “Gray Container Waste” means Solid Waste that is collected in a Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Gray Container Waste may specifically include carpet, [Non-Compostable Paper] andtextiles.

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Packet Pg. 135 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 9 Formatted: Indent: First line: 0.5"
xli. “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste (SSGCOW).
xxii.xlii. “Gross Receipts” means any and all monies or compensation in any form received from service recipients for services provided pursuant to this Agreement, including late charges.
xliii. “Hauler Route(s)” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5)
xxiii.xliv. “Hazardous Substances” shall mean any substance, waste or mixture of wastes defined as a “Hazardous Substance” or “Hazardous Waste pursuant to the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response Compensation and Liability Action (“CERCLA”), 42 U.S.C.

Sections 9601 et seq., and all future amendments to either of them, or as defined pursuant to the California Hazardous Substances Account Act, Health & Safety Code Section 25300 et seq., and any consumer products with any of the characteristics of a Hazardous Substance. Where there is a conflict in the definitions employed by two or more agencies having jurisdiction over hazardous or solid waste, the term “Hazardous Waste” shall be construed to have the broader, more encompassing definition. xxiv.xlv. “Household Hazardous Waste Element”, or “HHWE”, means the element required by Public Resources Code Section 41500. City adopted a Household Hazardous Waste Element on July 14, 1992.
xlvi. “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Agreement. xlvii. “Large Venue” means a permanent venue facility that annually seats orserves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes

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Packet Pg. 136 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 10 Formatted: Indent: First line: 0.5"
more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Agreement. xxv.xlviii. “Multi-Family Premises” shall mean any residential dwelling containing three (3) units or more.
xxvi.xlix. “Municipal Code” shall mean the Municipal Code of the City of Barstow, as it presently exists or may subsequently be amended.
l. Organic Waste and Material – Organic materials include food, landscape debris (leaves, grass, branches), and woody“Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41). li. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Non-Organic Recyclables are a subset of Source Separated Recyclable Materials.
lii. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, organic textiles and carpets, lumber. This definition may change to, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. liii. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).
liv. “Performance-based Compliance Approach” meansthe method of complying with the SB 1383 Regulations through implementation of a collection system, programs, and policies in accordance with 14 CCR, Division 7, Chapter 12, Article 17, or as otherwise defined by 18982(a)(52.5), and all associated requirements.
xxvii.lv. “Printing and Writing Paper” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other materials in the future recognized by CalRecycle. uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54).

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Packet Pg. 137 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 11 Formatted: Indent: First line: 0.5"
lvi. “Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20). xxviii.lvii. “Processing Facility” shall mean the facility or facilities for sorting and/or processing commingled or source separated Recyclables and/or Solid Waste. lviii. “Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the [City’s] Blue Container; (ii) Discarded Materials placed in the Brown Container that are not identified as acceptable Source Separated Food Waste for the [City’s] Brown Container; (iii) Discarded Materials placed in the Green Container that are not identified as acceptable SSGCOW for the [City’s] Green Container; (iii) Discarded Materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or SSGCOW to be placed in [City’s] Green Container, Brown Container, and/or Blue Container; and (iv) Excluded Waste placed in any Container. xxix.lix. “RCRA” shall mean the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq.
lx. “Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, and reconfiguring materialsfor the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.
xxx.lxi. “Recyclable Materials” shall mean those materials that are suitable for recycling, as determined by the City Manager or designated representative and as set forth in this Agreement. A list of Recyclable Materials is included in this Agreement as Exhibit “B”.

Exhibit “B” may be changed from time to time, upon mutual agreement of the City and Collector.
xxxi.lxii. “Recycling” shall mean the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.

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Packet Pg. 138 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 12 Formatted: Indent: First line: 0.5"
xxxii.lxiii. “Recycling Container” shall mean a container suitable for automated collection, to be provided to residential and commercial customers and used for the temporary accumulation and collection of Recyclable Materials.
xxxiii.lxiv. “Residential Premises” shall mean any residential single-family dwelling up to a Two (2)- unit complex.
lxv. “Reuse” or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).
xxxiv.lxvi. “Solid Waste” shall have the meaning set forth in Public Resources Code Section 40191. lxvii. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 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, lxviii. “SB 1383 Regulations” or “SB 1383 Regulatory” refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
lxix. “Self-Hauler” or “Self-Haul” means a person, who, [in compliance with all applicable requirements of the City Code,] hauls Solid Waste, Organic Waste or recyclable material he or she has generated directly to the appropriate facility, as required by SB 1383 Regulations. Self-hauler also includes a person who Back-Hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).
lxx. “Service Level” refers to the number and size of a Customer’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.
xxxv.lxxi. “Source Reduction and Recycling Element,” or “SRRE,” means the element required by Public Resources Code Section 41000, et seq. City adopted a Source Reduction and Recycling Element on July 14, 1992.
lxxii. “Source Separated” means materials, including commingled Recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to return them to the economic mainstream in the form of

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Packet Pg. 139 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 13 Formatted: Indent: First line: 0.5"
raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall include separation of materials by the Generator, Property Owner, Property Owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray Container Waste and other Solid Waste for the purposes of Collection and Processing. lxxiii. “Source Separated Blue Container Organic Waste” or “SSBCOW” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
lxxiv. “Source Separated Green Container Organic Waste” or “SSGCOW” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. lxxv. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and SSBCOW.
xxxvi.lxxvi. “Standard Collection Services” shall mean the weekly collection of Solid Waste from Residential, Commercial or Industrial premises using suitable containers provided by Collector.
lxxvii. “Standard Compliance Approach” means the method for complying with the SB 1383 Regulations through implementation of a collection system pursuant to 14 CCR, Division 7, Chapter 12, Article 3, and all associated program and policy requirements. lxxviii. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

C. Food Service Provider.

D. Food Distributor.

E. Wholesale Food Vendor.

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lxxix. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue.

E. Large Event.

F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement.
xxxvii.lxxx. “Tipping Fees” shall mean, the cost charged by a landfill, transfer stations, material recovery facilities recyclers to dispose of one (1) ton of Solid Waste. A proportionate share of the cost of the Tipping Fees are reflected in the rates charged to each customer as set forth in Article IV below.
xxxviii.lxxxi. “Waste Disposal Agreement” shall mean that certain Waste Disposal Agreement, between the City and the County of San Bernardino, whereby the City has agreed to restrict the flow of Controllable Waste and other materials to such locations as are designated by the County of San Bernardino.
lxxxii. “Yard Trimmings” means types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal that the Generators Source Separate and set out in Green Containers for Collection for the purpose of Processing by the Contractor.

ARTICLE III – COLLECTOR’S OBLIGATIONS

ARTICLE III
COLLECTOR’S

OBLIGATIONS

ARTICLE III
COLLECTOR’S OBLIGATIONS

3.1 Governing Requirements. Collector shall acquire and maintain all necessary permits and licenses, and shall comply with all provisions of this Agreement, the Municipal Code (including, but not limited to, Chapter 6.20, which is incorporated herein by this reference), and all other Formatted: Font: +Body (Calibri), 14 pt, Bold
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Packet Pg. 141 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 15 Formatted: Indent: First line: 0.5"
applicable laws, rules and implementing regulations, as they from time to time may be amended, including, but not limited to the Act.

Collector shall pay, on a monthly basis, to the City the portion of Gross Receipts received by Collector as set forth below:
a. Franchise Fee equivalent to ten (10%) of all Gross Receipts from residential, commercial/industrial accounts, excluding Sewer Fees, AB 939/State Program Compliance /State Program Compliance Fees and tipping/dump fees; and
b. Administrative Fee equivalent to five (5%) of all Gross Receipts, excluding Sewer Fees, AB 939 Fees and tipping/dump fees;
c. AB 939/State Program Compliance Fee: 100% of the portion of Gross Revenues attributed to AB 939 Fees;
d. Tipping Fee: 100% of the portion of Gross Revenues attributed to the cost of the Tipping Fee;
e. Sewer Fees: 100% of the portion of Gross Revenues attributed to the cost of sewer services;
f. Processing Fee: 100% of the portion of fee attached to liens; g. 100% of revenues from liens/assessments placed on a parcel, which reflect any portion of the delinquent billings prior to 1 July 2016, received by Collector will all be passed directly through to the City. This pass through payment reflects the fact that Collector has already received payment by the City for these delinquent accounts.

A $45 Administrative Fee shall be collected
h. Revenue received by the City or Collector who originated the lien/assessment from liens/assessments recorded on a parcel for delinquent billings for services. after 1 July 2016 shall be paid to the City in accordance with sub-paragraphs a through f above, including less a $45 Administrative Fee for each delinquent account for which payment is received though the lien/assessment process. The $45 Administrative Fee reflects Collector’s administrative costs in processing the lien/assessment for the delinquent account, which shall only be recovered upon payment of the lien/assessment.
h.
i. Revenue received by the City from the County for payment of assessments will be processed according to the above subparagraphs a through g above.

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Packet Pg. 142 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 16 Formatted: Indent: First line: 0.5"
City shall pay, on a net 30 basis, to the Collector, the Hauler portion of the rate for each service billed by City for that month as set forth in Exhibit D - Hauler Service Fee Schedule.

3.3 AB 939 Fee. City will collect any AB 939 Fee adopted by City pursuant to California Public Resources Code Section 41901.

3.4 Recycling. All direct and indirect proceeds from the sale, use, return and collection of Recyclable Materials received by Collector shall be retained by the Collector. Collector covenants and agrees to provide to the City copies of all receipts, weigh amounts and such other relevant records on a monthly basis as required by the Franchise Agreement in order to determine and confirm the quantity and value of all Recyclable Materials collected and processed by Collector.

The City retains the right, upon reasonable notice, to inspect and audit Collector’s facilities in order to confirm the quantities of Recyclable Materials processed by Collector. Upon demand, Collector shall also provide the City with reasonable access to the Collector’s books and records in respect of the quantity of Recyclable Materials processed by the Collector and the proceeds thereof.

3.5 Manner of Collection. Collector shall haul all Solid Waste and Recyclable Materials generated and presented for collection at each residential and commercial/industrial premises in conformity with the provisions of this Agreement and Chapter 6.20 of the Municipal Code. The Collector shall verify all service addresses on the approved route schedule and shall red tag all improper cans/containers. The red-tag will be a notice of rejection for service. The Collector shall notify the City of all red tagged cans/collectors within 24 hours of identification of the same. The parties covenant to cooperate to identify and resolve any improper service locations.

3.6 Red Tag and Rejection of Waste/Recycling. Overweight or overflowing / improperly filled containers, including contaminated containers as described in section 3.18 (d) may be rejected as determined by Collector with the concurrence of the City Manager or designated representative. Correction of overweight, overflowing/improperly filled or contaminated containers by the Collector/Hauler may be charged by Collector at its special services hourly rate.

Special Services may be provided upon request at a rate not to exceed that approved by City Council.

3.7 Day and Time for Collection.

Residential collection shall be conducted Monday through Friday except as provided herein for holidays. Commercial/industrial collection shall be conducted Monday through Saturday.

Collection shall not be made on Sundays.

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Collector agrees that, in order to protect the peace and quiet of customers, the collection of Solid Waste and Recyclable Materials in residential areas and in commercial/industrial areas adjacent to residential areas, shall not commence before 5:30 a.m. or continue after 4:30 p.m. unless otherwise provided for in Chapter 6.20 of the Municipal Code. Collector agrees to maintain business office hours of 8:00 a.m. until 5:00 p.m. Monday through Friday.

3.8 Collection on Holidays.

If the collection on any given route falls on a holiday Collector shall provide collection service for such route on the next workday following such Holiday unless otherwise provided for in Chapter

6.20 BMC. Collector is responsible for timely notification of any scheduled route changes to the public. The following holidays are observed: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Day After (Office Personnel Only), and Christmas.

3.9 Collection from Residential Premises.
a)a. Automated Collection. Collector shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide automated collection of Solid Waste and Recyclable Materials from residential premises within the City. b)b. Collector to Provide Containers for Automated Collection. Collector shall provide the initial containers and any replacement containers to all residential premises. All customers shall receive one standard residential solid waste container having an approximate capacity of 95 gallons, and one standard residential recycling container having an approximate capacity of 95 gallons. All containers provided by Collector shall be constructed of rigid, durable materials with a minimum five (5) year life expectancy warranted by the manufacturer. Customers may have one (1) additional recycling container at no charge; if warranted after the City has conducted a Waste Audit.
c)c. Smaller Containers for Single Family Residential. Collector will provide 35gallon35-gallon trash/recycling automation containers for households that only generate that amount of trash, as determined by the Collector. Residential customers who request a smaller container are eligible only where there are no extra bags of trash and zero contamination of the recycling bin. No multiple smaller containers are offered. This is contingent upon City Council approval for the rate for service.

Repairs to containers for damage caused by ordinary wear and tear by the customers or by Collector shall be the responsibility of Collector. These repairs include replacement of wheels, lids, hinges, axles, and handles. Collector shall have the right to charge customers for containers lost or damaged through gross negligence or willful misconduct.

The color and any labels or embossments of the containers shall be subject to approval by the City Manager or designated representative. Collector’s name or logo shall be embossed or affixed Formatted: Normal, Indent: Left: 0", First line: 0"
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Packet Pg. 144 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 18 Formatted: Indent: First line: 0.5"
on all standard residential containers. Collector shall not place any labels or embossments on the standard residential containers or Collector’s trucks without prior approval by City. d)d. Frequency of Collection - Residential Premises. Collector shall collect all Solid Waste and Recyclable Materials from residential premises once each week on a regular schedule which will specify the day during which collection will occur in the City. The initial schedule for collection from residential premises shall be submitted to City for approval by the City Manager or designated representative. All Solid Waste and Recyclable Materials from residential premises shall be collected on the same day during each week except as otherwise provided herein.

Collector shall perform quarterly route audits to insure all containers being serviced are identified and are cross-referenced to the billing statements.
e)e. Residential — Bulky Items. Collector shall provide all residential customers four (4) two (2) bulky item collections per calendar year at no additional charge. Bulky items may include white goods, brown goods (couches and mattresses) as defined in this document. In addition, up to two (2) Cathode Ray Tubes (CRTs) or other Consumer Electronic Devices, (CEDs) and a maximum of four (4) passenger vehicle tires with or without rims per calendar year may also be placed at the curb for pickup with bulky items. No oversize tires or commercial type will be accepted. Collector may charge customers for additional Bulky Item pickups. The charges for additional bulky item pickups are included in Exhibit “A”. Customers desiring to have bulky items and CEDs or tires picked up shall notify Collector by telephone at least seven (7) calendar days in advance of the pickup date desired by customer.
f. (1). Multi-Family Residential - Bulky Items. Collector shall provide weekly bulky item collection to multi-family complexes receiving bin service at the MF Bin Rate. Bulky items shall include those items identified for residential pickup in paragraph 3.8e above. Multi-Family service fees shall be adjusted annually based on the volume of Bulky Items collected in the previous twelve (12) months.
f)g. Holiday Tree Recycling. Collector shall collect, transport and divert the holiday trees from the landfill which are placed for collection at the curb on regular collection days, on all residential premises within the City during the two- week period beginning after December 26, the exact dates of which will be published by Collector annually before December 1st. g)h. Residential Curbside Recycling Program. Collector shall provide separate curbside commingled automated collection of Recyclable Materials to all residential premises. Curbside collection shall be performed weekly, on the same day as Solid Waste collection. Collector shall provide residents and commercial customers with Recycling Containers. Collector shall repair or replace damaged Recycling Containers. Collector shall replace any Recycling Containers reported to the police as stolen. Subject to the foregoing, Collector may charge customers for damage to Recycling Containers caused by the gross negligence or willful misconduct of a customer.

3.10 Collection from Commercial/Industrial Premises.

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Packet Pg. 145 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 19 Formatted: Indent: First line: 0.5"
a)a. Collection Services. Collector shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide Solid Waste and Recyclable Materials collection for commercial/industrial premises within the City. Collector will provide control and accountability of all waste processed under this Agreement. b)b. Collector to Provide Bins/Frequency of Collection. Collector shall collect all Solid Waste and Recyclable Materials from Commercial/Industrial premises at a minimum of once each week. Collector shall make arrangements with each commercial/industrial customer concerning the size of solid waste container and frequency of collection. Each such container or bin shall be a standard commercial/industrial solid waste container. c)c. Clean up of Waste Enclosures or Overflowing Bins. Collector shall exercise all reasonable care and diligence in collecting Solid Waste and Recyclable Materials, and shall, at a special rate determined in the reference, clean out all overflowing bins or waste enclosures within twenty-four (24) hours of notification by City. Collector may charge the customer for the actual costs of clean up.

3.11 City Facilities.
a. Collector shall collect and dispose of all Solid Waste and Recyclable Materials from all City Facilities, including but not limited to the collection of street sweeping waste, at all City Facilities. Collector shall provide each City Facility with sufficient bins and other containers, as determined by the City Manager or designated representative for the collection of Solid Waste and Recyclable Materials.
b. All services provided pursuant to this Section 3.11 shall be provided at Collector’s expense, with no charge to City, and shall not be included in the rates charged to service recipients in the City. The City Manager or designated representative may delete a City Facility from the list of facilities to be provided collection services by Collector pursuant to this Section at any time, upon written notice to Collector.
c. Collector shall provide sufficiently trained staff to work at the Household Hazardous Waste (HHW) Satellite Collection Facility (“Bin”). The costs to dispose of the HHW collected shall be paid by the City. The Collector shall pay for all operating costs for the facility. and shall maintain operation records which include but are not limited to:
(1) Training records for employees
(2) Weekly inspection reports
(3) Weekly Supply Inventory

3.12 Street Sweeping. Collector shall be responsible for providing all street sweeping services within the City at the sole expense of Collector. Collector shall provide these services either Formatted: Font Alignment: Top
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Packet Pg. 146 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 20 Formatted: Indent: First line: 0.5"
through its own forces or through the use of contractors or subcontractors (Contractors). Street sweeping activities shall be conducted in conformance with the standards as outlined below. If Collector provides the street sweeping services through a Contractor, Collector shall incorporate all the standards specified in this paragraph within the Contractor agreement; City shall not be a party to such Contractor agreement, but shall be named as a third-party beneficiary of such services. Failure of the Contractor to comply with the service standards set forth in this Agreement shall not excuse Collector’s obligation to perform or cause to be performed the street sweeping services at Collector’s sole expense.
a. Street Sweeping Standards. Collector/Contractor shall use and furnish at the Collector’s/Contractor’s own expense all labor, equipment, and materials necessary for the satisfactory performance of the street sweeping and parking lot sweeping work as set forth herein.
b. After sweeping, curbs and gutters shall be left in a clean condition. A clean condition is defined as the absence of residue in the streets and gutters upon the completion of the sweeping operation. The sweeping shall include as many passes as necessary to leave the street in a clean condition.
c. Collector/Contractor shall operate the sweepers used in conjunction with this contract using a Geographical Position System (GPS) Monitoring System. Each month the reports will be printed and certified by the Collector for compliance and submitted to the City for acceptance.
d. Street sweeping services are performed twice per month, meaning that every street in the City must be swept twice per month, with no less than 7 days or greater than 14 day intervals between each occurrence.
e. Street sweeping activities shall be performed based on the street sweeping map which the City will develop and provide to the Collector based on the routes for the trash service. f. Collector/Contractor shall develop and provide a color coded sweeping schedule for a 12- month period which will coincide with the trash routes. Each respective route will be color coded to identify what day during a week/month a specific street will be swept.

Collector/Contractor shall perform street sweeping services in accordance with the trash routes.

Route changes will not be allowed without prior authorization from the City. Should a route change be approved, Collector/Contractor shall be responsible for notifying individual households that are affected in writing at least two weeks prior to beginning the new schedule. g. Collector/Contractor shall provide parking lot sweeping twice per month during the same weeks as the regular street sweeping operation. Parking lots to be swept include the following locations listed in Exhibit D of this agreement.

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Packet Pg. 147 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 21 Formatted: Indent: First line: 0.5"
h. Collector/Contractor shall provide a 24-hour telephone number and / or a list of employees (including their telephone numbers) who are available for 24-hour emergency callout service.
i. If sweeping services are not to be performed on certain holidays, the Collector/Contractor must provide a schedule for sweeping the missed streets. City shall be advised in advance of holidays to be observed by Collector/Contractor and shall also be provided with a makeup schedule that is no more than one week later. Once the makeup schedule is established, it shall not be changed without prior approval by the City. j. Collector/Contractor shall dispose (City pays the landfill bill) of all sweeping refuse collected by hauling the material to a legally established refuse disposal site, or other site approved by the City. Sweeping refuse shall not be stored on the street but shall be loaded into trucks or in appropriately placed containers, which shall be approved by the City. If containers are used, they shall be dumped upon completion of the sweeping cycle. The Collector/Contractor shall be responsible for the disposal service of the street sweeping refuse collected. k. Collector/Contractor shall provide at Collector/Contractor’s own expense sufficient water for the street sweeping equipment necessary to comply with this project and to assure that curbs and gutters are left in a clean condition. Furthermore, water will be used to such an extent that the amount of dust that is kicked up during sweeping services is kept to a minimum. Water meters shall be obtained from the Golden State Water Company. l. All street sweepers shall be operated at a safe speed which will allow for maximum debris pick-up.
m. Collector/Contractor shall comply with the requirements of the City’s National Pollution Discharge Elimination System (NPDES) Permit, including preparation and submittal to the City of a monthly report which includes information regarding the quantity of material picked up during the sweeping process. Reporting procedures and forms are subject to change by the enforcement agency.
n. In the event that delays in the sweeping schedule occur, Collector/Contractor shall notify the City as soon as possible and provide a make-up schedule satisfactory to the City.

3.13 Special Events. Upon request from the City Manager or designated representative, Collector shall provide Solid
Waste and Recyclable Materials collection to special events conducted by City, at Collector’s expense, with no charge to City. Such services shall include delivery, placement, removal and disposal of all wheeled carts and bins as needed for each event, signed in such a way as to indicate their use, subject to City Manager’s or designated representative’s approval. The number of bins and containers shall be adequate to allow convenient Solid Waste and Recyclable Materials disposal for event participants, as determined by the City Manager or designated representative.

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Packet Pg. 148 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 22 Formatted: Indent: First line: 0.5"
Collector shall provide Solid Waste and Recyclable Materials collection the next working day, and shall remove containers by the end of the same day the event is finished if possible. a)a. Adopt A Block. Collector shall provide service for up to five (5) events with up to three (3) roll -off bins per event each year for use by the City. The Cost to dispose of the waste collected shall be paid by the City. These events are not in conjunction with any other service offered herein, at no additional charge to City.
b)b. Free Dump Day. Collector shall provide sufficiently trained staff to work at the biannual events. The costs to dispose of the waste collected shall be paid by the City. The Collector shall pay for all operating costs for the facility.

3.14 3.14 Special Services.
a)a. Illegally Dumped Materials. Collector shall provide twelve (12) roll-off containers throughout the year for use by the City, not in conjunction with any other service offered herein, at no additional charge to City. The Collector shall also provide a collection truck and driver for ten (10) hours per month to pick up illegally dumped materials within the public right-of-way.

The City will be responsible for all disposal costs. After each pickup, Collector shall provide the City with an update of the remaining hours available in that month for use. b)b. Drop-Off Site. Collector shall provide a drop-off location and staff for the use of residential customers that operates on Monday through Saturday for:
a.(1) Scrap Metal (to include the removal of Freon / refrigerant before processing for scrap);
b.(2) Green waste (residential generated tree trimmings, grass and leaves); c.(3) Tire collection (for passenger vehicle tires with or without rims and (4) Any and all other materials which may during the life of this contract be regulated by CalRecycle which require diversion from the landfill as directed by the City Manager or designated representative.

The Collector will be responsible for preparing the material generated above and transporting it to certified recyclers for processing, including but not limited to the removal and certification of all ozone depleting substances from items turned in for recycling; and the removal of tires from rims.
c)c. Shopping Cart Retrieval/Return. Collector shall collect abandoned shopping carts in the public right-of-way and return all marked/identified carts to the appropriate store. Where there are no markings, Collector will retrieve and process for recycling. Collector will provide Formatted: Indent: Left: 0", First line: 0.5", Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75"
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Packet Pg. 149 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 23 Formatted: Indent: First line: 0.5"
tracking information in monthly reports. Collector may seek recovery of their costs for the cart collection program from the actual store, and Collector shall not charge the City for shopping/cart retrieval and return services.

3.15 3.15 Deposit of Solid Waste/Processing of Recyclable Materials. a)a. Collector shall deposit all Solid Waste collected in accordance with the Source Reduction and Recycling Element hierarchy plan for the City and Waste Disposal Agreement between the City and County. Collector further covenants and agrees to segregate and maintain the waste stream of Solid Waste and Recyclable Materials collected under this Agreement separate from other waste streams managed by Collector. b)b. All Recyclable Materials collected from commercial/industrial premises, and all Recyclable Materials collected from residential premises, shall be transferred to a Material Recovery Facility which is properly permitted by local and state permitting agencies and otherwise complies with applicable federal, state, and local laws and regulations approved by the City Manager or designated representative.
c)c. All organic material and waste will be collected from commercial/industrial premises and multi-family dwellings of (5) units or more in compliance with AB1826 and SB1383. d)d. Upon notice of any material development, the Collector shall promptly inform the City of any information related to the fitness of such facilities to accept waste, including whether such facility is on a state or federal Superfund list, or is being considered for inclusion on such a list. In the event of any material information which indicates an increase in the City’s liability related to the disposal of Solid Waste under the terms of this Agreement, Collector shall inform the City, in writing, and shall propose an alternative course of action in order to reduce the potential liability to the City.
e)e. In the event that the City and Collector mutually agree (during the term of this agreement) to allow the Collector to develop and operate a local facility for the transfer of all solid waste including, refuse, recyclables and organic waste, the parties agree to the following provisions.
(1) All solid waste received shall be taken to a processing facility, disposal facility and or composting facility as defined in this agreement. (2) Collector shall assume control of all solid waste generated in the City for the balance of the agreement term.
(3) All applicable transfer, disposal and or processing costs shall be negotiated with the City.

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3.16 Records and Reports; Audits.
a. Collector shall keep an auditable journal recording each instance reported to Collector that Solid Waste or Recyclable Materials are not collected in compliance with the terms of this Agreement or applicable ordinance or regulation. The journal shall include the reason for non-collection, including but not limited to instances of Hazardous Waste found in the Solid Waste or Recyclable Materials.
b. Collector shall compile and keep the following information for each month and shall deliver a written report, signed by an officer a representative of Collector, to the City Manager or designated representative, within 10 days of the preceding month. i.(1) Total tons of Recyclable Materials collected from residential, multi-family and commercial/industrial premises, by type;
ii.(2) The name, address and telephone number of each waste disposal facility used by Collector during the reporting month;
iii.(3) The name, address and telephone number of each facility where Solid Waste and Recyclable Materials were delivered by Collector during the reporting month; iv.(4) Summaries of the net amount of all waste disposed during the reporting period and where the waste was disposed of, by residential, multi-family and commercial/industrial service sectors or monthly report currently generated by the Collector.

City may review all supporting documentation (which Collector shall retain) for Collector’s summaries on Collector’s business premises after giving 48 hours written notice of such a request;
c. Collector shall maintain financial statements and other relevant information consistent with generally accepted business practices regarding the operation of Collector’s waste collection business and annually provide audited financial statements to City. Other financial information shall be available on Collector’s business premises upon reasonable written notice. All financial information provided to City must be held strictly confidential and not publicly disclosed, to the extent permitted by law.
d. Collector shall submit an annual report, in such form and utilizing such media as approved by City, within ninety (90) days after the close of each calendar year. This report shall include, but is not limited to, the following information:

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Packet Pg. 151 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 25 Formatted: Indent: First line: 0.5"
e. A summary of the previous year’s activities including, but not limited to, services begun or discontinued during the reporting year, and the number of customers for each service route;
i.f. A list of Collector’s officers and members of its board of directors; f.g. In order to verify reports of the amounts of Solid Waste and Recyclable Materials collected by Collector from each designated route and disposed of, City shall be entitled to conduct an audit of any designated route upon demand. The audit demand will be made by City by telephone 48 hours prior to the regularly scheduled collection day of the designated route.

Telephone notice shall be followed by written notice and email or fax to Collector. The audit demand shall entitle City to conduct a physical route audit of any or all designated routes for the purposes of verifying customers served, disposal amounts collected, and any other information as may be deemed necessary and beneficial to City so long as the audit activity does not interfere with Collector’s personnel who are servicing the route being audited. The standard route audit will include, but is not limited to: (1) verification of the addresses which are served by the designated collection vehicle; (2) verification of the landfill or other facility to which the Solid Waste or Recyclable Materials are taken; and (3) the quantity of Solid Waste and Recyclable Materials in tons collected from the designated route.

3.17 Equipment.
a. Collector warrants that it shall provide an adequate number of vehicles and equipment for the collection, disposal, and transportation services for which it is responsible under this Agreement. All equipment used by Collector to perform work under this Agreement shall conform to the highest industry standards and shall be maintained in a clean and efficient condition. All vehicles utilized will be designated and dedicated for the sole purpose of performing under this Agreement. All motor vehicles used in implementing this Agreement shall comply with applicable provisions of the Municipal Code, including but not limited to Chapter

6.20. The current certificates generated from the bi-annual California Highway Patrol inspections of each vehicle shall be submitted to the City Manager or designated representative at the time of execution of this Agreement, and bi-annually thereafter. All vehicles used by Collector under this Agreement shall be registered with the Department of Motor Vehicles of the State of California. All vehicles and bins used to perform this Agreement shall be kept clean, in good repair and will be uniformly painted to the satisfaction of the City Manager or designated representative. All vehicles and bins shall be cleaned; both inside and out as needed; not less than once a year. Any Solid Waste or miscellaneous debris dropped or spilled in collection, transfer or transportation shall be immediately cleaned up by Collector. A broom and a shovel shall be carried at all times on each vehicle for this purpose. Collector shall not store any vehicle on any public street.
b. Collector shall provide the annual report conducted by the County for all vehicles tested using County’s criteria or the Department of Transportation Certifications.

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Packet Pg. 152 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 26 Formatted: Indent: First line: 0.5"
c. All of Collector’s vehicles used in the performance of this Agreement shall be Alternative Fuel Vehicles, defined as vehicles which operate on compressed natural gas (“CNG”) or liquefied natural gas (“LNG”). Collector shall be permitted to operate non-alternative fuel vehicles for periods not to exceed thirty (30) calendar days under the following circumstances: (1) as backup for regular route vehicles when such vehicles are out of service for repair or maintenance; (2) to supplement the regular collection vehicles for special programs such as community clean-up days; or (3) in an emergency situation.
d. All vehicles and equipment shall have painted thereon, or affixed thereto, in letter and numerals at 4-6 inches in height, the name and telephone number of Collector, which name and telephone number shall be clearly visible at all times. Each vehicle or equipment utilized by Collector shall be clearly marked and in a location or locations on such vehicles or equipment to be specified by City. A list showing each vehicle or equipment so identified shall be supplied to City and maintained in a current manner. All vehicles, high visibility bins, and roll offs containers shall have reflectors clearly affixed. All vehicles and equipment used in the performance of this Agreement shall be subject to inspection by City, and, upon notice given by City; Collector shall make the vehicles and equipment available for inspection. e. If the City Manager or designated representative finds that any vehicle or equipment being used by Collector does not meet the requirements of this Section, then the vehicle or equipment requiring correction of defects shall not be used by Collector in the performance of this Agreement until corrected to the reasonable satisfaction of the City Manager or designated representative.

3.18 Employees; Training.
a. During the life of this Agreement, Collector shall employ sufficient personnel qualified by reason of education, training, and experience to discharge adequately the services agreed to be performed by Collector pursuant to the terms of this Agreement. Collector shall provide service of the highest quality at all times, and personnel retained to perform this Agreement will be temperate, competent, and otherwise fully qualified to fulfill the obligations of Collector. b. All employees of Collector performing Collection Services under this Agreement shall be dressed in clean uniforms with suitable identification, and no portion of this uniform may be removed while working. Uniforms shall be approved by City Manager or designated representative.
c. Collector shall not discriminate during the performance of this Agreement against any employee or applicant for employment because of the employee’s or applicant’s race, religion, national origin, ancestry, sex, age, disability, marital status, or sexual orientation.

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Packet Pg. 153 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 27 Formatted: Indent: First line: 0.5"
d. Collector shall provide regular and continuing training to its personnel, including but not limited to safety training and customer service training, to insure that the highest quality of service is provided at all times. Collector shall also conduct yearly training programs for all of its waste collection employees, to instruct them on: (a) determining what is Hazardous Waste; (b) being aware of and locating, if possible, Hazardous Waste items when undertaking collection of Solid Waste and Recyclable Materials in the City; (c) following proper procedures by tagging Hazardous Waste items as “hazardous - special handling required”; (d) advising customers of the various alternatives for proper disposal; and (e) proper “spill response” procedures when Hazardous Waste is observed anywhere in the City.

3.19 Collection Impediments.

Collection impediments listed in this Section may require special efforts to accomplish the level of service required by this Agreement. If this special effort requires the distribution of containers, it shall be the responsibility of Collector to distribute them. a. Rain or Natural Disaster.
(1) (i) In the event of a natural disaster or other emergency situation, Collector may be requested to provide assistance with debris removal. Collector shall provide City with a 24-hour emergency contact list, and Collector’s equipment and vehicles shall be made available in a timely manner. The City shall pay Collector for the actual cost of such emergency equipment.
(2) (ii) Some streets become impassable during periods of heavy or prolonged rain, or due to a natural disaster. When Collector determines that collection vehicles can no longer provide service in the street, Collector shall notify the City Environmental Services Administrator. The Collector agrees to return service to the impassable street as soon as the emergency condition has ended.
b. Infrastructure Renovation. Periodically major renovation is necessary to maintain the infrastructure of City. This includes, but is not limited to, such activities as replacing gas, water, and sewer lines, surfacing or resurfacing streets, and replacing wiring for telephone, electricity, or cable television.

If the City is notified in advance of these activities, the City Environmental Services Department staff will notify Collector. However, it is not uncommon for work to be initiated without prior notification to City. Alternate Solid Waste and Recyclable Materials collection service must be provided by Collector during this period of disruption. Each circumstance must be evaluated individually, by the City and Collector, to determine the appropriate alternative. c. Street Blocked by Materials. When material is placed in the roadway in such a way that the collection vehicle cannot proceed down the roadway or the roadway is blocked by an illegally Formatted: List Paragraph, Indent: Left: 0", First line:
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Packet Pg. 154 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 28 Formatted: Indent: First line: 0.5"
parked vehicle, Collector shall make a reasonable attempt to collect the Solid Waste and Recyclable Materials as scheduled and shall notify the City’s Police Department. d. Contamination. Collector shall use reasonable efforts to inspect the Solid Waste and Recyclable Materials in order to determine if there are contaminants or improperly disposed of materials within the Solid Waste and Recyclable Materials. In the event Collector identifies any contaminants or improperly disposed materials, Collector shall (i) notify the resident or commercial customer, and (ii) shall properly dispose of the contaminant or improperly disposed material. In the event of circumstances, which pose a threat to the health and safety of persons or the environment, or in the event of an emergency, Collector shall immediately notify the Environmental Services Department and/or City Manager or designated representative of the nature of the contamination and a proposed method of properly disposing of the same.

Contaminated recycling containers will be red tagged by Collector and customer/account will be charged the special services hourly rate.

3.20 Insurance. Collector shall carry public liability insurance for the term of this Agreement in an amount not less than Five Million Dollars ($5,000,000) aggregate, One Million Dollars ($1,000,000) per occurrence, for each year within the term of this Agreement. Collector additionally shall provide Workers’ Compensation Insurance for its employees or shall have been issued a certificate to self-insure in accordance with California state law. All public liability insurance obtained by Collector shall name as an additional insured the City, its officers, agents and employees and shall require that sixty (60) day written notice be given prior to the reduction or modification of the limits or cancellation or expiration of the policy. Additional requirements applicable to the policies of insurance required by this Section 3.20 are set forth in Exhibit “B”, attached hereto and incorporated herein by this reference. Collector shall provide City with a certificate or certificates showing that the required insurance will be in effect at least thirty days (30) in advance of the first day Collector will perform services under this Agreement. No work shall be done by Collector during any period when Collector is not covered by insurance as required in this subsection.

3.21 Indemnification.
a. Collector shall indemnify, defend (with counsel selected by City) and hold harmless City, its officers, agents, and employees from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with Collector’s performance of its obligations pursuant to this Agreement or arising from or attributable to any alleged breach of warranty of merchantability or fitness of purpose or other laws relating to product liability for Recyclable Materials collected pursuant to this Agreement, or to the repair, cleanup or Formatted: Indent: First line: 0"
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Packet Pg. 155 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 29 Formatted: Indent: First line: 0.5"
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 substance or Hazardous Wastes at any place where Collector transfers, stores or disposes of Solid Waste or Recyclable Materials pursuant to this Agreement, or its activities pursuant to this Agreement result in a release of hazardous substances into the environment.

The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA,” 42 U.S.C. Section 9607(e), and California Health and Safety Code Section 25364, to defend, protect, hold harmless and indemnify City, unless such claim is due to the sole negligence or willful acts of the City its elected officials, officers, employees, agents or contractors. Collector’s obligation to indemnify, defend and save harmless City as stated hereinabove shall include, but not be limited to, paying all legal fees and cost incurred by legal counsel of City’s choice in representing City in connection with any such claims, losses, lawsuits or actions. In connection with claims, liability, lawsuits or actions arising out of the Environmental Statutes, this clause shall not restrict any rights City has against Collector, including, but not limited to, the right of contribution, pursuant to the Environmental Statute.

THIS PROVISION SHALL SURVIVE THE EXPIRATION OF THE PERIOD DURING WHICH SOLID

WASTE AND RECYCLABLE MATERIALS COLLECTION, PROCESSING AND DISPOSAL SERVICES ARE TO BE PROVIDED UNDER THIS AGREEMENT.

3.22 Privacy.
a. Collector shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers, or the composition or contents of a customer’s Solid Waste and Recyclable Materials, shall not be revealed to any person, governmental unit, private agency, or company, unless upon the authority of a court of law, authorized Federal, State, or municipal law enforcement agency, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Collector from preparing; participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by the Act.
b. Collector shall not market or distribute mailing lists with the names and addresses of residential or commercial/industrial service recipients. c. The rights accorded customers pursuant to this Section 3.22 shall be in addition to any other privacy rights accorded customers pursuant to Federal or State law.

3.23 Hazardous Waste Notifications and Procedures.
a. The collection, transportation and disposal of Hazardous Waste as defined in this Agreement, is specifically beyond the scope of the terms and conditions of this Agreement.

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Packet Pg. 156 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 30 Formatted: Indent: First line: 0.5"
Collector and City shall take all reasonable steps necessary to prevent Hazardous Waste from being collected, transported, or disposed by Collector under this Agreement.

Collector shall not be required to filter through and thoroughly inspect the Solid Waste or Recyclable Materials disposed of in containers by City’s residents and commercial/industrial establishments in order to ensure it does not contain any Hazardous Waste. Collector, however, shall take all reasonable steps to avoid collecting Hazardous Waste and shall refuse to collect and dispose of any such waste of which it becomes aware.

Collector and City shall work together to provide written information regarding household and other Hazardous Waste to all customers upon initially beginning service and on a yearly basis thereafter. This information shall specify what types of waste may and may not be disposed of through routine collection procedures, the availability of household Hazardous Waste collection programs, the tagging procedure if Hazardous Waste is found in the customer’s deposited waste, and other pertinent information. Examples of Household Hazardous Waste include, but are not limited to, used motor oil, oil-based paint, paint thinner, automotive products, and aerosol containers and cathode ray tubes.

If Collector observes any substances, which it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on City property, streets in the City, storm drains, or public rights of way, Collector also will immediately notify the City’s Environmental Services Department and the Barstow Fire Protection District.

3.24 Ownership of Solid Waste and Recyclable Materials. Ownership and the right to possession of Solid Waste and Recyclable Materials placed in containers for collection at the usual place of collection transfer directly from the residential householder or commercial/industrial owner to Collector by operation of law, pursuant to Municipal Code Section 6.20.400, and, in the case of residential premises, by Public Resources Code Section 41950(c). Subject to the provisions of this Agreement, Collector shall have the right to retain any benefit or profit resulting from its right to retain, recycle, dispose of or use the Solid Waste or Recyclable Materials which it collects except as otherwise provided herein, provided, however, all direct and indirect monetary benefits under this Agreement shall otherwise flow through and be accounted for by the City. At no time does City obtain any right of ownership or possession of Solid Waste or Recyclable Materials placed for collection, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights. City and Collector agree that, for purposes of the Uniform Commercial Code and all other laws imposing liability for defective products, it is Collector, and not City, which is to be considered the “merchant” of goods recycled pursuant to this Agreement.

3.25 Performance Monitoring. The City Manager or designated representative shall have the right to observe and review Collector’s operations. City shall also have the right to enter Collector’s premises at all reasonable hours and with reasonable notice for the purposes of such observation and review. Collector will allow a City representative to ride with Collection vehicles

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Packet Pg. 157 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 31 Formatted: Indent: First line: 0.5"
on any route or routes, upon receipt of a request thereto by 3 p.m. of the working day prior to the date(s) of route monitoring but only if the City representative does not interfere with the rendering of service by Collector. All City representatives shall execute liability waivers prior to riding Collector’s vehicles.

3.26 Mandated Operational Changes. City shall have the right to require changes in collection or disposal methods and Collector shall comply therewith. If such changes result in increased or decreased costs to Collector, either Collector or City may request a rate review. Any changes in rates must be approved by City as provided by Article IV of this Agreement. The parties agree that the intent of this Section 3.27 is to authorize Collector to amortize any additional capital expenditures and recover any additional operational costs associated with any required changes, and to allow customers to receive the savings resulting from any decreased costs associated with any required changes.

3.27 Community Education and Information; Press Releases. Collector working with the City, shall develop and implement a public education and information program in order to explain the use of automated collection, maximize participation in the residential recycling effort, and provide information on the availability of Bulky Goods services and other special collection services, as well as on the complaint resolution procedure set forth in Section 3.28, as well as periodically (no less often then annually) thereafter, and methods of informing customers of available services. The various elements of the public education and information program shall be reviewed and approved by the City Manager or designated representative prior to implementation, and not later than ninety (90) days after execution of this Agreement. The direct costs of implementing the program shall be borne by Collector.

3.28 Customer Service Performance Standards.
a. Collector shall provide professional and courteous customer service. Every attempt shall be made to assist the customer in a timely and helpful manner. b. All customer service records and logs kept by Collector shall be available to City upon request with reasonable notice, and at no cost to City. c. City may, at City’s own expense, conduct surveys to determine customer satisfaction.

Collector covenants to cooperate and to provide assistance in the development of the survey. If the City determines that customer service quality required by this Agreement is not being maintained, Collector and City covenant to cooperate in order to improve the customer service quality within a reasonable time.
d. Collector’s office hours shall be, at a minimum, from 8:00 a.m. to 5:00 p.m. Monday through Friday. A representative of Collector shall be available during office hours for communication with the public at Collector’s principal office. Collector shall provide a listed Formatted: Heading 2 Char, Font: +Body (Calibri)
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Packet Pg. 158 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 32 Formatted: Indent: First line: 0.5"
telephone number, and shall courteously, quickly, and expeditiously receive and answer all telephone calls. Normal office hours telephone numbers will either be a local or toll-free call.

3.29 Complaints/Compliments.
a. All customer complaints and compliments shall be directed to Collector.

Collector agrees to use its best efforts to resolve all complaints by close of business of the same business (waste collection) day on which the complaint is received. b. Collector shall keep a formal, auditable record of all complaints and compliments received, listing the date of customer complaints/compliments, describing the nature of the complaint, compliment or request, the name and address of the customer, and when and what action was taken by Collector to resolve the complaint. All such records shall be maintained for a period of three (3) years, and shall be available for inspection by City upon demand. Collector shall prepare monthly summaries of all material complaints/compliments. c. Service complaints may be investigated by the City Manager or designated representative. In addition, a customer dissatisfied with Collector’s decision regarding a complaint may ask the City Manager or designated representative to review the complaint. To obtain this review, the customer must request City review within thirty (30) days of receipt of Collector’s response to the complaint, or within forty-five (45) days of submitting the complaint to Collector, if Collector has failed to respond to the complaint. The City Manager or designated representative may extend the time to request its review for good cause. d. Before reviewing the complaint, the Environmental Services Department staff shall refer the complaint to Collector. If Collector fails to cure the complaint within ten (10) days, the Environmental Services Department staff shall review the customer’s complaint and determine if further action is warranted. Environmental Services Department staff may request written statements from Collector and customer, and/or oral presentations.

3.30 Solid Waste Management Plan: Diversion Rate.
a. The parties acknowledge and agree that the Act requires City to develop and implement a solid waste management plan which includes, among other components, a Source Reduction and Recycling Element (“SRRE”) and a Household Hazardous Waste Element (“HHWE”). City’s SRRE and HHWE, as they now exist or may subsequently be amended, are incorporated herein by this reference. By executing this Agreement, Collector acknowledges receipt of a copy of the SRRE and HHWE.
b. Collector agrees to implement all provisions of City’s SRRE and HHWE, including any recycling programs, as directed by City (except for those programs that are not within the control of Collector), and as set forth in this Agreement, such that City shall achieve a Diversion Rate of 50% and thereafter maintain a Diversion Rate of 50% or any Diversion Rate which may

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Packet Pg. 159 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 33 Formatted: Indent: First line: 0.5"
subsequently be required by the Act or any successor statute. Collector’s obligations hereunder shall include, without limitation, the development, in cooperation with City, of public education and information programs relating to such policies and plans. The direct costs of implementing such programs shall be borne by Collector, subject to the provisions of Section 4.3.5 regarding rate adjustments for changes in service requirements.
c. City agrees to cooperate in good faith with Collector to facilitate Collector’s compliance with these objectives. Such actions of City shall include but not be limited to the adoption and enforcement of reasonable ordinances and local regulations, including such as may reasonably be recommended by Collector, in order to ensure compliance by residential householders and by commercial/industrial business owners with the policies and programs implemented by Collector. City further agrees to reasonably cooperate with Collector in adopting and implementing local resource recovery and waste diversion programs, including those recommended by Collector, in order to ensure compliance with all State mandates.

3.31 Independent Contractor. Collector and the agents and employees of Collector in the performance of this Agreement shall act in an independent capacity and not as officers, employees, or agents of City.

3.32 Performance Security. Within thirty (30) days after the date of this Agreement, Collector shall execute and file with City a surety bond executed by Collector as principal and by a corporate surety authorized to do business in the State of California as surety, or a cash bond, or a letter of credit issued by a credit agency approved by the City Manager or designated representative, in the minimum amount of $250,000.00. The bond or letter of credit shall guarantee the faithful performance by Collector of its obligations set forth in this Agreement throughout the term of this Agreement. Collector shall keep the bond or letter of credit in full force and effect throughout the term of this Agreement, and shall cause it to be renewed annually, or more often as needed.

3.33 Collection Systems.
a. General. Contractor shall provide an approved Collection program for the separate Collection of Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste as specified in this Agreement, using Containersthat comply with the requirements of this Agreement and SB 1383 Regulations. Contractor shall not knowingly Collect Blue, Brown, Green, or Gray Containers that include Prohibited Container Contaminants. b. Source Separated Recyclable Materials Collection (Blue Container). Contractor shall provide Blue Containers to Customers for Collection of Source Separated Recyclable Materials and shall provide Source Separated Recyclable Materials Collection service, Contractor shall Transport the Source Separated Recyclable Materials to Facility that recovers the materials designated for Collection in the Blue Containers, in accordance with SB 1383 Regulations.

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Packet Pg. 160 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 34 Formatted: Indent: First line: 0.5"
c. SSGCOW Collection (Green Container). Contractor shall provide Green Containers to Customers for Collection of SSGCOW and shall provide SSGCOW Collection service. Contractor shall Transport the SSGCOW to a Facility in accordance with SB 1383 Regulations. Contractor may provide Brown Containers to Customers for Collection of Source Separated Food Waste.

Contractor shall transport Source Separated Food Waste to a facility in accordance with SB 1383 Regulations.

Contractor may collect compliant Compostable Plastics, as defined, in the Green Containers for Processing. If the Contractor elects to Collect Compostable Plastics in the Green Container, then Contractor shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to Process and recover the Compostable Plastics. If the Facility cannot process and recover Compostable Plastics, then Contractor will not Collect Compostable Plastics in the Green Container.
d. Gray Container Waste Collection. Contractor shall provide Gray Containers to Customers for Collection of Gray Container Waste, and shall provide Gray Container Waste Collection service. Contractorshall Transport the Gray Container Waste to a Facility in accordance with the SB 1383 Regulations. Contractor may allow carpets and textiles to be placed in the Gray Containers. Prohibited Container Contaminants shall not be collected in the Gray Containers.

3.34 Use of Plastic Bags for SSGCOW Collection. Contractor may require Customers and Generators to place Food Waste in plastic bags or other paper wrappings and put the bagged or wrapped Food Waste in the Green Container. Contractor shall provide written notification to the City that allowing the use of bags does not inhibit the ability of the City to comply with SB 1383 Regulations, and that the Facility can Process and remove plastic bags when it recovers SSGCOW.

Contractor shall provide annual written notification to the City that the Facility has and will continue to have the capabilities to Process and remove plastic bags when it recovers SSGCOW.

3.35 Contamination Monitoring.
a. Actions Upon Identification of Prohibited Container Contaminants. Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the protocols set forth in this Section.
1) Record Keeping. The driver or other Contractor representative shall record each event of identification of Prohibited Container Contaminants in a written log or in the onboard computer system including date, time, Customer’s address, type of Container (Blue, Green, or Gray Container); and maintain photographic evidence, when possible. 2) Courtesy Pick-Up Notices. Upon identification of Prohibited Container Contaminants in a Customer’s Container, Contractor shall provide the Customer a courtesy pickup notice. The courtesy pick-up notification shall: (i) inform the Customer of the observed presence of Prohibited Container Contaminants; (ii) include the date and time the Prohibited

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Packet Pg. 161 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 35 Formatted: Indent: First line: 0.5"
Container Contaminants were observed; (iii) include information on the Customer’srequirement to properly separate materialsinto the appropriate Containers, and the accepted and prohibited materials for Collection in the Blue Container, Brown Container, Green Container, and/or Gray Container; (iv) inform the Customer of the courtesy pick-up of the contaminated materials on this occasion with information that consecutive instances of Prohibited Container Contaminants, Contractor may assess contamination Processing fees; and, (v) Contractor may include photographic evidence. Contractorshall leave the courtesy pick-up notice attached to or adhered to the Generators’ contaminated Containers; at the Premises’ door or gate; or, may deliver the notice by mail, e-mail, text message, or other electronic message. 3) Notice of Assessment of Contamination Processing Fees. If the Contractor observes Prohibited Container Contaminants in a Generator’s Container on more than two occasions within a six-month time period, and issued courtesy pick-up notices on each of those occasions, the Contractor may impose a contamination Processing fee in an amount as determined by resolution of the City Council (which may be adjusted annually pursuant to Section 4.3 – Rate Adjustment). Contractor shall notify the City in its monthly report of Customers for which contamination Processing fees were assessed. Contractor shall leave a contamination processing fee notice attached to or adhered to the Generators’ contaminated Containers; at the Premises’ door or gate; or, deliver the notice by mail, e-mail, text message, or other electronic message. The contamination processing fee notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Customer will be charged a contamination Processing fee on its next bill. The format of the contamination processing fee notice shall be approved by the [City.]
b. Disposal of Contaminated Materials. If the Contractor observes Prohibited Container Contaminantsin a Generator’s Container(s), Contractor may dispose of the Container’s contents, provided Contractor complies with the noticing requirements in subsection A above.

3.36 Route Reviews and Waste Evaluations. Contractor shall meet its SB 1383 Regulations contamination monitoring requirements commencing January 1, 2022, using either Route Reviews or Waste Evaluations; provided however, that if Contractor complies with SB 1383 Regulations using a Performance-based Compliance Approach, it shall monitor containers using waste evaluations, as outlined herein:
a. Route Reviews.
1) If Contractor elects to perform Route Reviews, Contractor shall, conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is deemed safe by the Contractor; is approved by the City; is conducted in a manner that results in all Hauler Routes being reviewed annually, and is consistent and in accordance with SB 1383 Regulations. Containers may be randomly selected along the Hauler Route. This Section should not be construed to require that every container on a Hauler Route must be

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Packet Pg. 162 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 36 Formatted: Indent: First line: 0.5"
sampled annually. Contractor may prioritize the inspection of Customers that are more likely to be out of compliance.
2) Upon finding Prohibited Container Contaminants in the Container, Contractor shall follow the contamination monitoring noticing procedures in Section 3.35. b. Waste Evaluations. Alternatively, if Contractor elects to perform Waste Evaluations, Contractor shall, conduct waste evaluations that comply with and meet the requirements of 14 CCR Section 18984.5(c). The City maintains the right to observe, or hire a third party to observe, the waste evaluations.
1) Sampling Method, Study Protocols. The Contractor shall conduct waste evaluations for Prohibited Container Contaminants by sampling the contents of Containers on Hauler Routes in the following manner:
c. If using a Standard Compliance Approach, Contractor shall conduct waste evaluations at least twice per year and in two distinct seasons of the year in a manner that complies with the requirements of 14 CCR section 18984.5(c). If using a Performance- based Compliance Approach, Contractor shall conduct waste evaluations at least twice per year for the Blue and Green Containers and at least once per quarter for the Gray Containers. d. The Contractor’s waste evaluations shall include samples of Source Separated Recyclable Materials, SSGCOW, and Gray Container Waste. e. The waste evaluations shall include samples from each Container type served by the Contractor and shall include samples taken from different areas in the City that are representative of the City’s waste stream.
f. The waste evaluations shall include at least the minimum number of samples specified in SB 1383 Regulations.
g. The Contractor shall Transport all of the material Collected for sampling to a sorting area at a permitted solid waste Facility where the presence of Prohibited Container Contaminants for each Container type shall be measured to determine the ratio of Prohibited Container Contaminants present in each material stream by weight. To determine the ratio of Prohibited Container Contaminants, the Contractor shall use protocols established in accordance with SB 1383 regulations.
1) Contamination Response. If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the Contractor shall:

11.b
Packet Pg. 163 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 37 Formatted: Indent: First line: 0.5"
(a) If using a Performance-based Compliance Approach, notify the City within [fifteen (15)] working days of the waste evaluation. [***Note: City is required to notify CalRecycle within 30 days if using performance-based compliance approach.] (b) Within [fifteen (15)] working days of the waste evaluation, notify all Generators on the sampled Hauler Route of their requirement to properly separate materials into the appropriate Containers. The Contractor may provide this information by placing a written notice on the Generators’ Containers or the gate or door of the Premises; and/or by mail, email, or electronic message to the Generators. The format of the warning notice shall be approved by the City.
(c) If using a Performance-based Compliance Approach, Contractor shall allow a representative of the City and/or CalRecycle to oversee its next scheduled quarterly sampling of the Gray Containers, upon request.
2) Material Exceptions. Organic Waste that is textiles, carpet, hazardous wood waste, human waste, pet waste, or material subject to a quarantine on movement issued by a County agricultural commissioner is not required to be measured as Organic Waste when calculating the amount of Organic Waste present in the Gray Container Waste. h. Recordkeeping Requirements. Contractor shall maintain all applicable records required under SB 1383 Regulations, and report to the City on contamination monitoring activities, route reviews and/or waste evaluations, and actionstaken. i. Nothing in this section shall prohibit Contractor from meeting its compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time.

3.37 Education and Outreach
a. Contractor shall, create all applicable education materials and conduct all education programs and activities as provided by and in accordance with the SB 1383 Regulations. Contractor shall cooperate and coordinate with the City on public education activities.
b. On or before February 1, 2022Upon the City’s request,theContractorshall develop a list of Food Recovery Organizations and Food Recovery Services operating within the City, maintain the list on the Contractor’s City-specific website, share the list with the City if the City wants to post the list onadditional Citywebsites, and update thelist annually. Thelistshall include, at a minimum, the following information about each Food Recovery Organization and each Food Recovery Service:
i. Name and physical address;

11.b
Packet Pg. 164 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 38 Formatted: Indent: First line: 0.5"
ii. Contact information;
iii. Collection service area; and,
iv. An indication of types of Edible Food the Food Recovery Service or Food Recovery Organization can accept for Food Recovery.
c. At least annually, the Contractorshall provide Commercial Edible Food Generators with the following information:
(1) Information about the [City’s] Edible Food Recovery program; (2) Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
(3) 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,
(4) Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.
d. The Contractor may provide the information required above by including it with regularly scheduled notices, education materials, billing inserts, or other information disseminated to Commercial Businesses.
e. Contractor shall comply with all applicable public education and outreach record keeping and reporting requirements as provided by SB 1383 and the SB 1383 Regulations.

3.38 Commercial General Waiver Program Coordination
a. General. In accordance with SB 1383 Regulations and the Barstow Municipal Code[City Code], the City may grant waivers to Generators that impact the scope of Contractor’s provision of service for those Customers. Waivers issued shall be subject to compliance with SB 1383 Regulatory requirements, pursuant to 14 CCR Section 18984.11. If using a Performancebased Compliance Approach, the City agrees it will only grant waivers if at least ninety percent (90%) of Single-FamilyGenerators and ninety percent (90%) of Commercial Generators (including Multi-Family Generators) participate in the three-Container Collection program. b. Requests Submitted to Contractor. Generators may submit requests for waivers to the Contractor. Contractor shall review the Generator’s waiver application and inspect the Generator’s Premises to verify the accuracy of the application. Contractor shall provide documentation of the inspection, including the Contractor’srecommendation to approve or deny the waiverrequest, and send this information to the City for the [City’s] review and approval. The City ultimately retains the right to approve or deny any application, regardless of the Contractor’s recommendation. Contractor shall report information regarding waivers reviewed to the City.

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Packet Pg. 165 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 39 Formatted: Indent: First line: 0.5"
c. Contractor Change in Customers’ Service Levels. When the City grants a waiver to a Generator, the City shall notify the Contractor within ten (10) business days of the waiver approval with information on the Customer and any changes to the Service Level or Collection service requirements for the Customer. Contractor shall have five (5) business days to modify the Customer’s Service Level and billing statement, as needed. d. Reverification of Waivers. Contractor shall conduct such reverifications of waivers through inspection of each Generator’s Premises and review of applicable records at least once every five (5) years for de minimis and physical space constraint waivers. Contractor shall maintain a record of each waiver verification and provide a report to the City documenting the waiver reverifications performed and recommendations to the City on those waivers that Contractor concludes are no longer warranted. The City shall make a final determination of the waiver eligibility of Generators.
e. Contractor Recordkeeping of Generators Granted Waivers. Upon Contractor request, the City shall provide Contractor an updated listing of waivers approved by the City, including the Generators’ names, mailing address, service address, and type of waiver. Contractor shall maintain waiver-related records and report on waiver verifications, as required herein.

3.39 Inspection and Enforcement. Beginning January 1, 2024, Contractor shall assist the City with and/or conduct applicable inspections and enforcement, to the extent delegable, as required by SB 1383 Regulations. Contractor shall maintain all applicable records from inspection and enforcement in accordance with SB 1383 Regulations.

3.40 Complaints.
a. Contractor shall coordinate with the City and/or investigate any applicable complaints, if required by and in accordance with SB 1383 Regulations. b. Contractor agrees to maintain a log of all applicable oral and written complaints received by Contractor from Customers or other Persons. Contractor shall be responsible for the prompt and courteous attention to, and prompt and reasonable resolution of, all applicable Customer complaints.

3.41 Provision for Recovered Organic Waste Product. Contractor agrees to coordinate and cooperate with the City to meet its Organic Waste produce procurement target, as required by SB 1383 Regulations. Contractor and City may enter into a separate agreement to meet the City’s Organic Waste produce procurement target, including, but not limited to, an agreement that the City may procure compost from Contractor and that Contractor would market the compost material to the agricultural community on City’s behalf.

3.42 Container Requirements. Contractor shall use the Contractor-provided Collection Containers that are currently located at Customers’ Premises or provide Customers with

11.b
Packet Pg. 166 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 40 Formatted: Indent: First line: 0.5"
Collection Containers from Contractor’s current inventory. No later than January 1, 2036, Contractor shall provide all Customers with Collection Containers that comply with the Container color requirements specified in this Agreement or as otherwise specified in the SB 1383 Regulations. Notwithstanding this Section, the Contractor is not required to replace functional Containers, including Containers purchased prior to January 1, 2022, that do not comply with the color requirements of this Agreement prior to the end of the useful life of those Containers, or prior to January 1, 2036, whichever comes first.

3.43 Labeling Requirements. Beginning January 1, 2022 (or if using Performance-based Compliance Approach, then until color compliant containers are provided), Contractor shall place a label on the body or lid of each Container that has been provided to a Customer that includes 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 Container Contaminants for each Container.

3.44 Recordkeeping and Reporting. Contractor shall maintain all applicable records and assist the City in meeting all applicable reporting, as required by the SB 1383 Regulations. Contractor shall allow City to have full access to view and/or edit data as necessary.

3.45 Identification of Facilities. If using a Standard Compliance Approach, Contractor shall identify the facilities to which they will transport organic waste as required by the SB 1383 Regulations. City and Contractor recognize the disposal and processing fees, which are a component of City refuse rate, are set by the entity owning and operating the landfill, compost, or processing facility. Rate adjustments for processing, disposal, and associated transportation costs incurred by the contractor due to changes at a Designated Facility shall be made on the same date of the same year or no later than 12 months from the date of change. Contractor shall submit a request for such rate adjustment 90 days following notification to the City of said change and shall include all charges incurred prior to the new rate being established.

3.46 Request for Documents. Documents requested by the City shall be fulfilled within 45 calendar days of the written request. Failure to provide the requested documents after the expiration of the 45 calendar days will result in a fine of $50 per day per document request.

ARTICLE IV
ARTICLE IV – RATES, BILLING AND PAYMENT

ARTICLE IV

RATES, BILLING AND PAYMENTS

4.1 Sale of Accessories. Except as expressly provided herein, Collector shall not require customers to buy bags, bins, or other containers from Collector as a pre-condition for collection of Solid Waste or Recyclable Materials under the terms of this Agreement.

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11.b
Packet Pg. 167 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 41 Formatted: Indent: First line: 0.5"

4.2 Rates. As of the date of this Agreement, Collector may not charge rates in excess of those set forth in Exhibit “A”. The maximum rates set forth in Exhibit “A” shall be in effect. Collector has also offered, and hereby agrees, to provide an economically disadvantaged discount on Solid Waste collection to each household in which the head of household has presented acceptance into a CARE Program offered by any utility service. The status of each household will be verified at least annually.

4.3 Rate Adjustment.
a. Adjustment Procedure. Collector may submit an application for rate review not more often than annually. A completed rate review application in the format prescribed by the City Manager or designated representative shall be submitted not later than April 15 for the period starting the following July 1. City will take action on the request as soon as possible and will complete the process by June 30, provided all required information has been submitted. In addition to adjustments provided in Section 4.3.b, Collector’s rates may also be subject to adjustments for inordinate cost increases as provided in 4.3.c. b. Annual C.P.I. Adjustment. The City Council may approve a gross rate adjustment of 100% of the percentage increase in the Consumer Price Index (C.P.I.) for All Urban Consumers in the Los Angeles-Anaheim-Riverside area, for the previous 12-month period for which information is received by City from the U.S. Department of Labor. Such adjustment shall not exceed five percent (5%) per year for any fiscal year.
c. Inordinate Cost Increase Adjustment. Collector may apply for an increase in excess of the cap set forth in Section 4.3.b, for inordinate cost increases for certain component costs of collection. If a collection cost component of Collector’s cost is ten percent (10%) or more of the total cost of collection and Collector shows the need for the requested inordinate cost rate increase by providing documentation that a component of Collector’s collection costs have increased by one hundred fifty percent (150%) or more than the percentage increase in the C.P.I. for the previous year, then that portion of Collector’s rate which that cost component represents may increase by the percentage increase of the inordinate cost component. For example, as to this Section 4.3.c. if the fuel component is fifteen percent (15%) of Collector’s cost of collection and the cost of fuel increases in a particular year by nine percent (9%), and the C.P.I. for that year increases by six percent (6%), then the fuel cost component of Collector’s rate may increase by nine percent (9%) and the remaining components of Collector’s rate may increase by the five percent (5%) maximum C.P.I. for that year.

Collector shall submit any and all data requested by and in the format prescribed by the City Manager or designated representative for any requested inordinate cost increase request. The City Council shall consider the factors set forth above in determining whether to approve or deny the request. The decision of the City Council shall be final. The remedy of Collector in the event of adverse decision is to terminate its obligations after thirty (30) days written notice to City.

11.b
Packet Pg. 168 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 42 Formatted: Indent: First line: 0.5"
d. Rate Adjustment from Changes in Service Requirements. Changes in Collector’s rates which result from changes in service requirements may be adjusted at the time that the service changes are implemented. Any rate adjustments resulting from changes in service requirements shall be submitted in the format prescribed by the City Manager or designated representative and shall be approved concurrently with the approval of the implementation of any such service changes by the City Council.

4.4 Billing.
a. In consideration of the services and promises of Collector, City hereby accepts the right and authority to collect from the persons served by Collector the fees for such service as are provided by this Agreement. The City agrees that it shall neither charge nor collect any sum or sums in excess of, or in addition to, the amounts specified in this Agreement for any Solid Waste or Recyclable Materials collection services made pursuant to this Agreement. b. City shall bill residential owners up to 4 dwelling units on a bi-monthly, and residential units of 5 or more, commercial, and industrial premises on a monthly basis. c. City shall have the right to bill and collect for the services provided by Collector in advance of the rendition of services hereunder, but shall refund any unused portion equal to ½ of one month or more of the amount collected in the event of disruption, revision, or termination of the services, or when residential premises are vacant for at least a one month period and prior written notice of such vacancy has been given to City. d. City shall maintain copies of the billings and receipts, each in chronological order, for a period of (3) three years after the date of service. City may, at its option, maintain those records in computer form, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timely manner. Upon demand, Collector may request a review of the accounting records maintained by the City to the extent such records are available through the City Manager or designated representative.

Collector
e. Contractor shall be entitled to charge each industrial customer/owner penalties and interest as per the fee schedule adopted by the City for the non-payment of any bill for temporary/permanent roll-off bin services which is unpaid for a period of thirty (30) days from the beginning of any month for which services were rendered. f. Any contamination Processing feesto be assessed for a Customershall be included and itemized on the Customer’s invoice for the billing period in which the Contractor notified the Customer of the assessment of the contamination Processing fee. g. City requires that Generators subscribe to Collection services. Contractor shall assist the City in ensuring that the subscription of Generators occurs in a timely and efficient Formatted: Font: +Body (Calibri)
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11.b
Packet Pg. 169 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 43 Formatted: Indent: First line: 0.5"
manner. Contractor shall maintain records and provide reports necessary for the City to verify the subscription of Generators.

The City Manager or designated representative shall have the right to request changes to the billing format to itemize certain appropriate charges or to otherwise reasonably clarify the billing.

4.5 Delinquent Accounts.
a. Collection of Delinquent Accounts. Notwithstanding Sections 4.5.b and 4.5.c, City shall diligently pursue collection of delinquent accounts by every means reasonably available to City, including delinquency letters, telephone calls, employment of collection agencies, and applying a lien against the property and litigation.
b. Delinquent Accounts – Residential and Multi-Family Premises. Collector shall have no right to terminate service to residential premises, in the event of delinquency or otherwise.

If the account of a commercial/industrial premises is delinquent as set forth in the Barstow Municipal Code , City shall provide written notice to the property owner, of the delinquent amount, and of City’s intent to lien the property.
c. Delinquent Accounts – Commercial/industrial Premises. If the account of a commercial/industrial premises is deemed delinquent as set forth in the Barstow Municipal Code ,,, City shall provide written notice to the business owner and, if different, the property owner, of the delinquent amount, and of City’s intent to lien the property.

Collector shall not terminate service to the commercial/industrial premises in the event of delinquency or otherwise.
c.

ARTICLE V – ADMINISTRATIVE REMEDIES, TERMINATION IMPOSITION OF DAMAGES

ARTICLE V

ADMINISTRATIVE REMEDIES, TERMINATION IMPOSITION OF DAMAGES

ARTICLE V

ADMINISTRATIVE REMEDIES, TERMINATION, IMPOSITION OF DAMAGES

5.1 Default; Notice.
a. All terms and specifications of this Agreement are material and binding, and failure to perform any portion of the work described herein shall be considered a breach of this Agreement.

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11.b
Packet Pg. 170 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 44 Formatted: Indent: First line: 0.5"

5.1.b, failure or delay by either party to perform any term or provision of this Agreement constitutes a default under this Agreement. The party who so fails or delays must immediately commence to cure, correct, or remedy with reasonable diligence and during any period of curing shall not be in default.
b. Except as set forth in Section 5.4(h) and (i), neither party may exercise any rights or remedies upon a default by the other party, unless and until such default continues for a period of thirty (30) days after written notice thereof from the non-defaulting party. Provided, however, that if the nature of the default is such that more than thirty (30) days are reasonably required for its cure, then the defaulting party shall not be deemed to be in default if it has commenced a cure within the 30-day period and thereafter diligently prosecutes such cure to completion within ninety (90) days after receipt of written notice thereof. The notice of default shall specify the default complained of by the injured party. [See Section 5.3.a.] c. Delay in giving a notice of default shall not constitute a waiver of any default nor shall it change the time of default. Any failures or delays by either party in asserting any of its rights and remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies, nor deprive either party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, or enforce any such rights or remedies.

5.2 Institution of Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement, including but not limited to injunctive relief, except that there shall be no right to terminate this Agreement except as set forth as specifically provided for in this Agreement. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by Collector, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and to enjoin the breach thereof.

5.3 Notice; Response; Resolution; Appeal.
a. Notice; Response. If the City Manager or designated representative determines that Collector’s performance pursuant to this Agreement may not be in conformity with the provisions of this Agreement, the Act (including, but not limited to requirements for diversion, source reduction and recycling as to the waste stream subject to this Agreement), or any other Applicable Federal, State or Local Law, the City Manager or designated representative may advise Collector in writing of such suspected deficiencies, specifying the deficiency in reasonable detail (the “Notification of Deficiencies”). The City Manager or designated representative, in any Notification of Deficiencies, shall set a reasonable time within which Collector is to correct the deficiencies and respond. Unless the circumstances necessitate correction and response within a shorter period of time, Collector shall correct the deficiencies to the satisfaction of the City Manager or designated representative and respond to the Notification of Deficiencies within thirty (30) days from the effective date of the Notice pursuant to Section 1.2.3. Collector may

11.b
Packet Pg. 171 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 45 Formatted: Indent: First line: 0.5"
request additional time to correct deficiencies; City shall not unreasonably deny any such request. The parties understand and agree that the Notification of Deficiencies described in this Section 5.3.1 constitutes the “notice of default” required of City by Section 5.1.b. b. Review by City Manager; Notice of Appeal.

The City Manager or designated representative shall review any written response from Collector and decide the matter or refer the matter to the City Council for consideration pursuant to 5.2.d.

If the City Manager’s or designated representative’s decision is adverse to Collector, the City Manager or designated representative may order remedial actions to cure any deficiencies, or invoke any other remedy in accordance with this Agreement and, in the event the City Manager or designated representative determines that there has been a material breach and that termination is the appropriate remedy, terminate this Agreement. The City Manager or designated representative or his designee shall promptly inform Collector of the decision. In the event the decision is adverse to Collector, the City Manager or designated representative shall inform Collector, in writing, of the specific facts found and evidence relied on and legal basis in provisions of this Agreement or other laws for the City Manager’s or designated representative’s decision and any remedial action taken or ordered. An adverse decision by the City Manager or designated representative shall be final and binding on Collector unless Collector files a “Notice of Appeal” with the City Clerk (with copies to the City Manager or designated representative and City Attorney) within 30 days of receipt of the notification of the adverse decision by the City Manager or designated representative.
c. In any “Notice of Appeal” to the City Council, Collector shall state all its actual contentions and include any relevant affidavits, documents, photographs and videotapes which Collector may choose to submit. In addition, Collector shall include all its legal contentions, citing provisions of this Agreement or other laws to support its contentions. d. City Council Hearing. If a matter is referred by the City Manager or designated representative to the City Council, or an adverse decision of the City Manager or designated representative is appealed to the City Council by Collector, the City Council will set the matter for a hearing and act on the matter. If the City Council elects to hear the matter, the City Clerk shall give Collector Thirty (30) days written notice of the time and place of the hearing. At the hearing, the City Council shall consider the administrative record, including the following:
i.(1) A Staff Report by the City Manager or designated representative, summarizing the proceedings to date and outlining the City Council’s options; ii.(2) The City Manager’s or designated
representative’swrittenrepresentative’s written Notification of Deficiencies; iii.(3) Collector’s response to the Notification of Deficiencies; Formatted: Font: +Body (Calibri)
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11.b
Packet Pg. 172 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 46 Formatted: Indent: First line: 0.5"
iv.(4) The City Manager’s or designated representative’s written notification to Collector of adverse decision;
v.(5) Collector’s Notice of Appeal to the City Clerk.

No new legal issues may be raised or new evidence submitted by Collector at this or at any further point in the proceedings, absent a showing of good cause. Collector’s representatives and other interested persons shall have a reasonable opportunity to be heard.

5.4 City Council Determination. Based on the administrative record, the Council shall determine by resolution whether the decision or order of the City Manager or designated representative should be upheld. A tie vote of the City Council shall be regarded as upholding the decision of the City Manager or designated representative. If, based upon the administrative record, the City Council determines that the performance of Collector is in breach of any term of this Agreement or any provision of any applicable federal, state or local statute or regulation, the City Council, in the exercise of its discretion, may order Collector to take remedial actions to cure the breach or impose any other remedy in accordance with this Agreement. The decision or order of the City Council shall be final and binding.

5.5 Continued Performance by Collector. Collector’s performance under this Agreement is not excused during the period of time prior to a final determination as to whether or not Collector’s performance is in material breach of this Agreement, or the time set by City for Collector to discontinue a portion or all of its services pursuant to this Agreement.

5.6 Termination for Cause. City reserves the right to terminate this Agreement in the event of any material breach of the Agreement, including but not limited to the following:
a. If Collector practices, or attempts to practice, any fraud or deceit upon City, or practiced any fraud or deceit or made any intentional misrepresentations in the negotiations which preceded the execution of this Agreement;
i.a. If Collector becomes insolvent, unable or unwilling to pay its debts or upon listing of an order for relief in favor of Collection in a bankruptcy proceeding:
ii.b. If Collector fails to provide or maintain in full force and effect, the worker’s compensation, liability and indemnification coverages, and cash and Performance Bonds required by the Agreement.;
iii.c. If Collector violates any orders or rulings of any regulatory body having jurisdiction relative to this Agreement, in any material manner provided that Collector may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred until a final decision adverse to Collector is entered;
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11.b
Packet Pg. 173 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 47 Formatted: Indent: First line: 0.5"
iv.d. If Collector violates any material provision of any Applicable Law; v.e. If Collector ceases to provide collection service as required under this Agreement over all or a substantial portion of the area within the City, for a period of seven (7) days or more, for any reason within the control of Collector;
vi.f. Any other act or omission by Collector which materially violates the terms, conditions or requirements of this Agreement and which is not corrected or remedied within the time set forth in the written notice of deficiencies or if Collector cannot reasonably correct or remedy the breach within the time set forth in such notice and diligently effect such correction or remedy thereafter;
vii.g. If Collector fails to maintain the insurance required by Section 3.20.

5.7 Liquidated Damages.
a. All time limits and acts required to be done by this Agreement are essential elements of the Agreement. Should Collector fail to perform or complete the work required to be done at the time set forth in this Agreement, except in the event of a Force Majeure event pursuant to Section 7.7 below, it is mutually understood and agreed that the public will necessarily suffer damages and that such damages, from the nature of the default in performance will be extremely difficult and impractical to fix. City finds, and Collector agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which will be incurred by City as a result of a material breach by Collector of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, anxiety, frustration and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) services might be available at substantially lower costs than alternative services, and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. b. Accordingly, the City Manager or designated representative may, in its discretion, assess liquidated damages not to exceed the sum of One Thousand Dollars ($1,000.00) per day, for each calendar day that service is not provided by Collector in accordance with this Agreement.

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11.b
Packet Pg. 174 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 48 Formatted: Indent: First line: 0.5"
c. City finds, and Collector acknowledges and agrees, that the above-described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. These liquidated damages sums shall be applicable to each calendar day of delay during which Collector has been found by the City Manager or designated representative to be in breach of this Agreement. If the City Manager or designated representative, assess such liquidated damages, the City Manager or designated representative shall so notify Collector in writing and send a copy of the notice to the City Finance Director. The City Finance Director shall thereupon deduct the amount of such liquidated damages from any payment which is due to Collector or which thereafter becomes due. Collector shall have the right to appeal the City Manager’s or designated representative’s determination pursuant to the procedures set forth in Section 5.3 for appeal of a decision of the City Manager or designated representative regarding a notice of default. Any such appeal must be made within ten (10) days after the City Manager or designated representative has notified Collector of his/her determination to levy liquidated damages.

5.8 Cumulative Rights. City’s rights to terminate this Agreement or to impose liquidated damages are in addition to any other rights of City upon a failure of Collector to perform its obligations under this Agreement.

5.9 City’s Additional Remedies. In addition to the remedies set forth above, if Collector refuses or is unable (including but not limited to for the reasons set forth in Section 7..7) for a period of more than seventy-two (72) hours, to collect, transport and dispose of any or all of the Solid Waste and Recyclable Materials which it is obligated under this Agreement to collect, transport and dispose of and if, as a result thereof, Solid Waste and Recyclable Materials accumulate in City to such an extent, in such a manner, or for such a time that the City Manager or designated representative finds that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the following rights:

The right to license or contract with others to perform the services otherwise to be performed by Collector hereunder, or to perform such services itself, and to charge Collector for all costs incurred by City as a result thereof; and
City agrees that, in such event, it assumes complete responsibility for the proper and normal use of such equipment and facilities and that it shall immediately relinquish possession to Collector upon receipt of written notice from Collector to the effect that it is able to resume its normal responsibilities under this Agreement.

Collector agrees that in such event it will fully cooperate with City to effect such a transfer of possession for City’s use, and that City may take temporary possession of and use of the equipment and facilities, including but not limited to Collector’s route books and other information or documents needed to provide services pursuant to this Section 5.7, without paying Collector any rental or other charge. In the case of equipment not owned by Collector, Collector shall assign to City, to the extent Collector is permitted to do so under the instruments pursuant to which Collector possesses such equipment, the right to possess the equipment.

11.b
Packet Pg. 175 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 49 Formatted: Indent: First line: 0.5"
Consistent with this provision, Collector agrees to use its best efforts to obtain in the instruments pursuant to which Collector possesses such equipment, provisions which authorize City to possess such equipment pursuant to this provision.

ARTICLE VI - ASSIGNMENT

ARTICLE VI

ASSIGNMENT

ARTICLE VI

ASSIGNMENT

6.1 Assignment of Agreement. Collector shall not assign, sell, subcontract or otherwise delegate authority to perform any such portion of this Agreement without the prior express written approval of City. In the event of any assignment duly authorized by City, the assignee shall assume the liability of Collector.

6.2 Transfer of Franchise; City Consent. The franchise granted by the Agreement shall not be transferred, sold hypothecated, sublet or assigned nor shall any rights or privileges herein be hypothecated, leased, assigned, sold or transferred, either 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, either by act of Collector or by operations of laws, without prior written consent of the City. For purpose of this Agreement, any dissolution merger, consolidation or other reorganization of Desert Disposal ServiceBurrtec Waste Industries, Inc. or the sale or other transfer of an accumulative 25% or more of the voting stock of Collector shall be deemed an assignment of this agreement. Any attempt by collector to assign this franchise without the consent of City shall be void

6.3 Eligibility for Assignment or Transfer. The firm must have an excellent record of performance within its service areas. The firm shall be large enough and have sufficient resources and up-to-date equipment to handle the work and meet the requirements of City.

ARTICLE VII - MISCELLANEOUS

ARTICLE VII

MISCELLANEOUS

ARTICLE VII

MISCELLANEOUS

7.1 Construction. As used in this Agreement, and as the context may require, the singular includes the plural and vice versa and the masculine gender includes the feminine and neuter and vice versa.

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11.b
Packet Pg. 176 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 50 Formatted: Indent: First line: 0.5"

7.2 Calendar Days; Working Days. All references in this Agreement to a number of days in which either party shall have to consent, approve or perform shall mean calendar days unless specifically stated to be “working” days. All references in this Agreement to “working” days shall mean days on which Barstow City Hall is open for business.

7.3 Severability. If any part of this Agreement is invalid, the remaining terms and conditions shall not be affected unless their enforcement under the circumstances would be unreasonable, inequitable or otherwise frustrate the purposes of this Agreement.

7.4 Captions and References. The captions of the sections and subsections of this Agreement are solely for convenience of reference, and shall be disregarded in the construction and the interpretation of this Agreement. References herein to a section or subsection are to the sections and subsections of this Agreement.

7.5 Time of the Essence. Time is of the essence with respect to this Agreement and each and every term and condition hereof.

7.6 No Oral Modifications. This Agreement supersedes all prior proposals, agreements and understandings between the parties and may not be changed or terminated orally, and no change or termination of, or attempt to waive, any of the provisions hereof shall be binding unless in writing and signed by the parties against whom the same is sought to be enforced.

7.7 Force Majeure. Collector shall not be in default under this Agreement in the event that the collection, transportation and/or disposal services are temporarily interrupted for any of the following reasons: riots; war or national emergency declared by the President or Congress and affecting the City of Barstow; civil disturbance; explosion; natural disasters such as floods, earthquakes, landslides and fires; or other catastrophic events which are beyond the reasonable control of Collector; provided, however, that Collector notify City in writing of the nature of the matter constituting the enforced delay within ten (10) days after the occurrence of the enforced delay. “Other catastrophic events” does not include the financial inability of Collector to perform or failure of Collector to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public agency, even where such failure occurs despite the exercise of reasonable diligence by Collector.

7.8 Law to Govern; Venue. The law of the State of California shall govern this Agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of San Bernardino. In the event of litigation in a U.S. District Court exclusive venue shall lie in the Central District of California.

7.9 Fees and Gratuities. Neither Collector nor any of its officers, agents or employees, shall request, solicit, demand or accept, either directly or indirectly, any compensation or gratuity other than as set forth in this Agreement for the collection of Solid Waste and Recyclable Materials otherwise required to be collected under this Agreement.

11.b
Packet Pg. 177 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 51 Formatted: Indent: First line: 0.5"

7.10 Amendments. This Agreement is part of City’s efforts to comply with the provisions of the Act, as it from time to time may be amended; the regulations of the CalRecycle (“Regulations”), as they from time to time may be amended; and City’s SRRE and HHWE, as they from time to time may be amended. In the event that the Act or other state or federal laws or regulations or court decisions enacted or issued after the execution of this Agreement prevent or preclude compliance with one or more provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations. Except as otherwise provided in this Agreement, no other amendment of this Agreement shall be valid unless in writing duly executed by the parties.

7.11 Joint Drafting. Each party has cooperated in the drafting and preparation of this Agreement.

7.12 Execution in Counterparts. This Agreement may be executed in counterparts and, when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and all counterparts taken together shall constitute one and the agreement.

Executed the date and year first above written.

Date: _________________
BURRTEC WASTE INDUSTRISES, INC.,
a California corporation
By: ________________________________
Cole Burr, President
Date: _________________
City of Barstow,
A California municipal corporation
By: ________________________________
Julie Hackbarth-McIntyreDr. Paul A.

Courtney, Mayor
ATTEST:

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11.b
Packet Pg. 178 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______
-2020 Burrtec Franchise Agreement Page 39 of 42
52 Formatted: Indent: First line: 0.5"
__________________________________
JoAnne V. CousinoAndrea “Andi” Flores, City
Clerk
APPROVED AS TO FORM:
__________________________________
Teresa HighsmithMatthew Summers, City
Attorney

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11.b
Packet Pg. 179 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______
-2020 Burrtec Franchise Agreement Page 39 of 42
53 Formatted: Indent: First line: 0.5"

11.b
Packet Pg. 180 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______
-2020 Burrtec Franchise Agreement Page 39 of 42
54 Formatted: Indent: First line: 0.5" Total Rate Total Rate Residential / Multi Family 3-Barrel Service Food Waste Service - Commercial/Multi Family Service Standard $ 32.29 Bin Size Freq Residential 35g Barrel $ 29.15 2 1 $ 170.65 Econ Disadvantaged $ 30.10 2 2 $ 316.41 Econ Disadvantaged - 35g $ 27.28 Barrel Size Freq Extra barrel $ 7.66 35Gal 1 $ 24.65 Extra Residential Pick-Up $ 12.60 35Gal 2 $ 48.51 Additional Bulky Item - (per item) $ 16.56 35Gal 3 $ 71.44 Additional Trip Change Bulky Item $ 41.41 35Gal 4 $ 93.46 35Gal 5 $ 114.65 Commercial Barrel - Trash 65Gal 1 $ 31.59 Size Freq 65Gal 2 $ 62.31 95 1 $ 31.59 65Gal 3 $ 92.09 95 2 $ 62.31 65Gal 4 $ 120.98 95 3 $ 92.09 65Gal 5 $ 149.01 95 4 $ 120.98 95 5 $ 149.01 Green Waste - Commercial/Multi Family Service Extra Barrel (limit 1) $ 16.53 Bin Size Freq Extra Commercial Barrel Pick-Up $ 15.16 2 1 $ 214.57 2 2 $ 377.12 Multi-Family Trash Bins Service Barrel Size Freq Size Freq 35Gal 1 $ 58.10 1.5 1 $ 171.52 35Gal 2 $ 103.16 1.5 2 $ 314.60 65Gal 1 $ 82.20 1.5 3 $ 449.07 65Gal 2 $ 151.26 1.5 4 $ 573.13 1.5 5 $ 694.70 Roll-Off 1.5 6 $ 815.30 Roll-Off Box $ 274.85 3 1 $ 233.49 Compactor Box $ 310.62 3 2 $ 437.66 End Dump $ 257.03 3 3 $ 634.29 Dry Run $ 57.52 3 4 $ 821.79 Tilthopper $ 40.27 3 5 $ 1,007.16 Delivery Charge (tilthopper) $ 40.27 3 6 $ 1,192.14 Rental fee (per day) $ 25.31 6 1 $ 406.19 6 2 $ 764.33 Miscellanous Rates 6 3 $ 1,108.57 Extra bin pick-up $ 47.22 6 4 $ 1,435.86 Overflow Charge - Bins Only $ 90.70 6 5 $ 1,759.55 Return Check Charge $ 25.00 6 6 $ 2,082.49 Lien Adminstrative Fee $ 45.00 Locking Bin $ 11.50 Commercial Trash Bins Service Locking Bin Set Up - One Time $ 36.94 Size Freq Clean-Out service $ 99.25 1.5 1 $ 151.75 Recyling Contamination Fee - Barrel $ 13.04 1.5 2 $ 279.54 Recyling Contamination Fee - Bin $ 45.82 1.5 3 $ 400.48 FW Contamination Fee - Commercial Barrel $ 57.11 1.5 4 $ 512.84 FW Contamination Fee - Commercial Bin $ 57.11 1.5 5 $ 623.59 Barrel Exchange (first exchange free) $ 18.14 1.5 6 $ 733.37 charge does not apply to graffiti or damaged barrels 3 1 $ 205.90 Barrel Replacement $ 78.15 3 2 $ 386.04 resdl-customer damaged, comml-lost or stolen 3 3 $ 558.65 Bin Exchange (first exchange fee) $ 90.70 3 4 $ 722.10 charge does not apply to graffiti or damaged bins 3 5 $ 883.44 Bin Replacement + actual cost of bin $ 100.49 3 6 $ 1,044.38 comml-lost or stolen 6 1 $ 365.53 Special Services 172.58/hr Service Type Service Type

EXHIBIT A

CITY OF BARSTOW
Collection Rates

11.b
Packet Pg. 181 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______
-2020 Burrtec Franchise Agreement Page 39 of 42
55 Formatted: Indent: First line: 0.5" Service Type Total Rate Service Type Total Rate 6 2 $ 691.24 (min 1/2 hour) 6 3 $ 1,006.40 Shopping Cart Retrieval $ 19.86 6 4 $ 1,307.88 Certificate of Destruction $ 121.34 6 5 $ 1,607.48 Late Charge 10.0% 6 6 $ 1,906.31 Interest 1.5% Temporary Bin 3 yard bin $ 116.84 Push-Out (bins) 0-50 feet N/C Commercial Trash Compactor Bins 51-75 feet 1 $ 26.19 Size Freq 51-75 feet 2 $ 52.38 3 1 $ 301.06 51-75 feet 3 $ 78.57 3 2 $ 576.36 51-75 feet 4 $ 104.76 3 3 $ 844.13 51-75 feet 5 $ 130.95 3 4 $ 1,102.74 76+ feet 1 $ 78.56 3 5 $ 1,359.24 76+ feet 2 $ 157.12 3 6 $ 1,615.34 76+ feet 3 $ 235.68 4 1 $ 390.38 76+ feet 4 $ 314.24 4 2 $ 749.28 76+ feet 5 $ 392.80 4 3 $ 1,098.98 4 4 $ 1,437.93 Account Maintenance Fee 4 5 $ 1,773.98 Residential N/A 4 6 $ 2,109.62 Commercial N/A

11.b
Packet Pg. 182 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______
-2020 Burrtec Franchise Agreement Page 39 of 42
56 Formatted: Indent: First line: 0.5"

EXHIBIT B
– RECYCLABLE MATERIALS

EXHIBIT B

RECYCLABLE MATERIALS
Aluminum cans (do not crush)
Aerosol cans (must be completely empty)
Brochures
Cardboard
Cartons
Cereal boxes (remove wax paper lining)
Clothes hangers
Computer paper
Coupons
Envelopes (includes plastic windows)
Glass bottles & jars
Glass cosmetic bottles
Junk mail
Laundry bottles
Ledger paper
Magazines/catalogs
Newspaper
Paper
Paper tubes
Phone books
Pizza boxes-
Plastic containers #1 - #7
Plastic milk jugs
Tin cans
Tissue boxes
Wrapping paper
Organics/Food Waste (as per approved city programs)
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11.b
Packet Pg. 183 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______
-2020 Burrtec Franchise Agreement Page 39 of 42
57 Formatted: Indent: First line: 0.5"

11.b
Packet Pg. 184 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______
-2020 Burrtec Franchise Agreement Page 39 of 42
58 Formatted: Indent: First line: 0.5"

EXHIBIT C
– PARKING LOTS TO BE SWEPT
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11.b
Packet Pg. 185 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______-2020 Burrtec Franchise Agreement Page 39 of 42 59 Formatted: Indent: First line: 0.5"

EXHIBIT C

PARKING LOTS TO BE SWEPT
Area
No.

Parking Lot Address / Location
P-1 City Hall 220 E Mountain View St
P-2 Sportspark 2800 Mayor Katy Parkway
P-3 Community Center 841 Barstow Rd
P-3 Police Annex 500 Melissa Avenue
P-4 Downtown Shopping Center 222 E Main St – Parking Lot on Williams St P-5 Second Street Public Parking Lot 209 N Second Avenue P-6 Second Street Public Parking Lot Parking Lot between Second Avenue and Third Avenue P-7 Fogelsong Park – Parking Lot Avenue G – Two parking lots / Avenue H – One parking lot P-8 Dana Park Parking Lot 850 Barstow Rd – Upper and Lower Parking Lots P-9 Lillian Park – Parking Lot Lillian Drive and Villafona Drive P-10 Third Street Public Parking Third Avenue Parking Lot – North of E Main St

11.b
Packet Pg. 186 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______
-2020 Burrtec Franchise Agreement Page 39 of 42
60 Formatted: Indent: First line: 0.5" Service Rate Service Rate Residential / Multi Family 3-Barrel Service Food Waste Service - Commercial/Multi Family Service Standard $ 21.85 Bin Size Freq Residential 35g Barrel $ 21.85 2 1 $ 109.31 Econ Disadvantaged $ 20.57 2 2 $ 199.26 Econ Disadvantaged - 35g $ 20.57 Barrel Size Freq Extra barrel $ 1.16 35Gal 1 $ 16.83 Extra Residential Pick-Up $ 7.68 35Gal 2 $ 32.97 Additional Bulky Item - (per item) $ 14.40 35Gal 3 $ 48.30 Additional Trip Change Bulky Item $ 36.01 35Gal 4 $ 62.85 35Gal 5 $ 76.67 Commercial Barrel - Trash 65Gal 1 $ 18.26 Size Freq 65Gal 2 $ 35.76 95 1 $ 18.26 65Gal 3 $ 52.45 95 2 $ 35.76 65Gal 4 $ 68.36 95 3 $ 52.45 65Gal 5 $ 83.53 95 4 $ 68.36 95 5 $ 83.53 Green Waste - Commercial/Multi Family Service Extra Barrel (limit 1) $ 7.75 Bin Size Freq Extra Commercial Barrel Pick-Up $ 8.79 2 1 $ 173.77 2 2 $ 304.51 Multi-Family Trash Bins Service Barrel Size Freq Size Freq 35Gal 1 $ 49.78 1.5 1 $ 116.95 35Gal 2 $ 88.27 1.5 2 $ 211.48 65Gal 1 $ 70.01 1.5 3 $ 298.30 65Gal 2 $ 128.66 1.5 4 $ 377.31 1.5 5 $ 452.46 Roll-Off 1.5 6 $ 527.57 Roll-Off Box $ 207.05 3 1 $ 148.85 Compactor Box $ 238.15 3 2 $ 274.41 End Dump $ 191.55 3 3 $ 393.19 Dry Run $ 50.02 3 4 $ 505.16 Tilthopper $ 35.02 3 5 $ 613.72 Delivery Charge (tilthopper) $ 35.02 3 6 $ 722.26 Rental fee (per day) $ 22.01 6 1 $ 244.84 6 2 $ 452.29 Miscellanous Rates 6 3 $ 647.22 Extra bin pick-up $ 32.38 6 4 $ 829.68 Overflow Charge - Bins Only $ 78.87 6 5 $ 1,005.87 Return Check Charge $ 25.00 6 6 $ 1,182.05 Lien Adminstrative Fee $ 45.00 Locking Bin $ 10.00 Commercial Trash Bins Service Locking Bin Set Up - One Time $ 32.12 Size Freq Clean-Out service $ 86.30 1.5 1 $ 99.76 Recyling Contamination Fee - Barrel $ 11.34 1.5 2 $ 180.99 Recyling Contamination Fee - Bin $ 39.84 1.5 3 $ 256.05 FW Contamination Fee - Commercial Barrel $ 49.66 1.5 4 $ 324.89 FW Contamination Fee - Commercial Bin $ 49.66 1.5 5 $ 390.63 Barrel Exchange (first exchange free) $ 15.77 1.5 6 $ 456.33 charge does not apply to graffiti or damaged barrels 3 1 $ 124.86 Barrel Replacement $ 67.96 3 2 $ 229.52 resdl-customer damaged, comml-lost or stolen 3 3 $ 327.42 Bin Exchange (first exchange fee) $ 78.87 3 4 $ 418.48 charge does not apply to graffiti or damaged bins 3 5 $ 506.14 Bin Replacement + actual cost of bin $ 87.38 3 6 $ 593.77 comml-lost or stolen 6 1 $ 209.48 Special Services 150.08/hr 6 2 $ 388.73 (min 1/2 hour) 6 3 $ 558.37 Shopping Cart Retrieval $ 17.27 Service Type Service Type EXHIBIT D – HAULER SERVICE FEE

EXHIBIT D

CITY OF BARSTOW
Hauler Service Fee
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11.b
Packet Pg. 187 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and Exhibit A to Resolution No. _______
-2020 Burrtec Franchise Agreement Page 39 of 42
61 Formatted: Indent: First line: 0.5" Service Type Service Rate Service Type Service Rate 6 4 $ 718.39 Certificate of Destruction $ 105.51 6 5 $ 873.64 Late Charge 10.0% 6 6 $ 1,028.85 Interest 1.5% Temporary Bin 3 yard bin $ 71.05 Push-Out (bins) 0-50 feet N/C Commercial Trash Compactor Bins 51-75 feet 1 $ 23.64 Size Freq 51-75 feet 2 $ 47.28 3 1 $ 124.86 51-75 feet 3 $ 70.92 3 2 $ 229.52 51-75 feet 4 $ 94.56 3 3 $ 327.42 51-75 feet 5 $ 118.20 3 4 $ 418.48 76+ feet 1 $ 70.93 3 5 $ 506.14 76+ feet 2 $ 141.86 3 6 $ 593.77 76+ feet 3 $ 212.79 4 1 $ 161.15 76+ feet 4 $ 283.72 4 2 $ 297.14 76+ feet 5 $ 354.65 4 3 $ 424.90 4 4 $ 544.45 Account Maintenance Fee 4 5 $ 659.91 Residential N/A 4 6 $ 775.34 Commercial N/A

11.b
Packet Pg. 188 Attachment: Redline Exhibit to Reso Burrtec 2nd Amended Restated Agreement rev 6-9-2022 (5009 : Burrtec Waste Franchise Amendment and 1 RESOLUTION -2022

EXHIBIT A

SECOND AMENDED AND RESTATED AGREEMENT FOR

SOLID WASTE AND RECYCLABLES

COLLECTION, PROCESSING, DISPOSAL AND STREET SWEEPING SERVICES By and Between

CITY OF BARSTOW,
a Municipal Corporation,
and
BURRTEC WASTE INDUSTRIES, INC.

OPTION 1 – NO TERM EXTENSION

11.c
Packet Pg. 189 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 2 TABLE OF CONTENTS
ARTICLE I – PARTIES; EXCLUSIVE RIGHTS; TERM OF AGREEMENT ................................................. 2

1.1 Parties to the Agreement................................................................................................. 2

1.2 Representatives of Parties and Service of Notices .......................................................... 2

1.3 Issuance of Exclusive Rights............................................................................................. 3

1.4 Term ................................................................................................................................. 3 ARTICLE II - DEFINITIONS ................................................................................................................ 3 ARTICLE III – COLLECTOR’S OBLIGATIONS .................................................................................... 13

3.1 Governing Requirements ............................................................................................... 13

3.2 Payments........................................................................................................................ 14

3.3 AB 939 Fee..................................................................................................................... 15

3.4 Recycling......................................................................................................................... 15

3.5 Manner of Collection...................................................................................................... 15

3.6 Red Tag and Rejection of Waste/Recycling. .................................................................. 15

3.7 Day and Time for Collection........................................................................................... 15

3.8 Collection on Holidays.................................................................................................... 15

3.9 Collection from Residential Premises. ........................................................................... 16

3.10 Collection from Commercial/Industrial Premises.......................................................... 17

3.11 City Facilities................................................................................................................... 18

3.12 Street Sweeping ............................................................................................................. 18

3.13 Special Events................................................................................................................. 20

3.14 Special Services .............................................................................................................. 21

3.15 Deposit of Solid Waste/Processing of Recyclable Materials.......................................... 21

3.16 Records and Reports; Audits.......................................................................................... 22

3.17 Equipment...................................................................................................................... 24

3.18 Employees; Training ....................................................................................................... 25

3.19 Collection Impediments................................................................................................. 25

3.20 Insurance........................................................................................................................ 26

3.21 Indemnification .............................................................................................................. 27

3.22 Privacy. ........................................................................................................................... 28

3.23 Hazardous Waste Notifications and Procedures ........................................................... 28

3.24 Ownership of Solid Waste and Recyclable Materials .................................................... 29

3.25 Performance Monitoring................................................................................................ 29

3.26 Mandated Operational Changes.................................................................................... 29

3.27 Community Education and Information; Press Releases............................................... 29

3.28 Customer Service Performance Standards .................................................................... 30

3.29 Complaints/Compliments .............................................................................................. 30

3.30 Solid Waste Management Plan: Diversion Rate ............................................................ 31

3.31 Independent Contractor ................................................................................................ 31

3.32 Performance Security..................................................................................................... 31

3.33 Collection Systems ......................................................................................................... 32

3.34 Use of Plastic Bags for SSGCOW Collection.................................................................... 32

3.35 Contamination Monitoring ............................................................................................ 32

11.c
Packet Pg. 190 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 3 3.36 Route Reviews and Waste Evaluations.......................................................................... 33

3.37 Education and Outreach ................................................................................................ 35

3.38 Commercial General Waiver Program Coordination ..................................................... 36

3.40 Complaints...................................................................................................................... 37 ARTICLE IV – RATES, BILLING AND PAYMENT ............................................................................... 38

4.1 Sale of Accessories ......................................................................................................... 39

4.2 Rates............................................................................................................................... 39

4.3 Rate Adjustment............................................................................................................. 39

4.4 Billing .............................................................................................................................. 40

4.5 Delinquent Accounts...................................................................................................... 41 ARTICLE V – ADMINISTRATIVE REMEDIES, TERMINATION IMPOSITION OF DAMAGES............... 41

5.1 Default; Notice ............................................................................................................... 41

5.2 Institution of Legal Actions............................................................................................. 42

5.3 Notice; Response; Resolution; Appeal ........................................................................... 42

5.4 City Council Determination ............................................................................................ 43

5.5 Continued Performance by Collector............................................................................. 44

5.6 Termination for Cause.................................................................................................... 44

5.7 Liquidated Damages....................................................................................................... 45

5.8 Cumulative Rights........................................................................................................... 45

5.9 City’s Additional Remedies............................................................................................. 46 ARTICLE VI - ASSIGNMENT ............................................................................................................ 46

6.1 Assignment of Agreement.............................................................................................. 46

6.2 Transfer of Franchise; City Consent ............................................................................... 46

6.3 Eligibility for Assignment or Transfer............................................................................. 47 ARTICLE VII - MISCELLANEOUS ..................................................................................................... 47

7.1 Construction................................................................................................................... 47

7.2 Calendar Days; Working Days ........................................................................................ 47

7.3 Severability..................................................................................................................... 47

7.4 Captions and References................................................................................................ 47

7.5 Time of the Essence ....................................................................................................... 47

7.6 No Oral Modifications.................................................................................................... 47

7.7 Force Majeure ................................................................................................................ 47

7.8 Law to Govern; Venue.................................................................................................... 48

7.9 Fees and Gratuities......................................................................................................... 48

7.10 Amendments.................................................................................................................. 48

7.11 Joint Drafting.................................................................................................................. 48

7.12 Execution in Counterparts.............................................................................................. 48 EXHIBIT A – COLLECTION RATES ................................................................................................... 50 EXHIBIT B – RECYCLABLE MATERIALS ........................................................................................... 52 EXHIBIT C – PARKING LOTS TO BE SWEPT .................................................................................... 53 EXHIBIT D – HAULER SERVICE FEE................................................................................................. 54

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Packet Pg. 191 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 1 SECOND AMENDED AND RESTATED AGREEMENT FOR

SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION,

PROCESSING, DISPOSAL, AND STREET SWEEPING SERVICES
This Agreement for Solid Waste and Recyclables Collection, Processing, Disposal and Street Sweeping Services (“Agreement”) is entered into as of June 20, 2022 by and between the CITY OF BARSTOW, a municipal corporation, organized and existing under the laws of the State of California (“City”) and Burrtec Waste Industries, Inc., a California corporation (“Collector”), as follows:

RECITALS
This Agreement is entered into on the basis of the following facts, understandings, and intentions of the parties:

WHEREAS, the City and Contractor previously entered into that certain Exclusive Franchise Agreement for Solid Waste and Recyclable Materials Collection, Processing, Disposal and Street Sweeping Services dated November 1, 2020 (the “Agreement”), [including amendments thereto]; and,
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 Section 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 jurisdictions; and, WHEREAS, the State of California has 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,have created an urgent need for State and local agenciesto enact and implement an aggressive integrated waste management program. The State has, through enactment of AB 939 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), SB 1016 (Chapter 343, Statutes of 2008 [Wiggins, SB 1016]), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short- Lived Climate Pollutants Bill of 2016 (SB 1383), directed the 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; and,
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; and
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;

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Packet Pg. 192 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 2 and, the City has chosen to delegate some of its responsibilities to the Contractor, acting as the City’s designee, and Contractor desires to take on these responsibilities; and WHEREAS, the City and Contractor desire to amend the Agreement as set forth herein.

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:

ARTICLE I – PARTIES; EXCLUSIVE RIGHTS; TERM OF AGREEMENT

ARTICLE I
PARTIES; EXCLUSIVE RIGHTS; TERM OF AGREEMENT

1.1 Parties to the Agreement. The parties to this Agreement are:
a. City: The City of Barstow, a municipal corporation, having its principal office at 220 East Mountain View, Suite A, Barstow, California 92311. b. Collector: Burrtec Waste Industries, Inc. a California Corporation, having its principal place of business at 2340 West Main Street, Barstow, California 92311.

Willie Hopkins, City Manager (or his designee),
City of Barstow
220 East Mountain View, Suite A
Barstow, California 92311-2888
Telephone: (760) 255-5101
Email: [email protected]
Facsimile: (760) 256-1750
b. The principal representative of Collector shall be:

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Packet Pg. 193 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 3 or in the case of mailing, on the date of delivery or attempted delivery as shown on the U.S. Postal Service certified mail return receipt.
d. If the name of the principal representative designated to receive the notices, demands or communications, or the address of such person, is changed, written notice shall be given to City representative within five (5) working days of the change.

1.3 Issuance of Exclusive Rights.
a. Subject to the terms and conditions of this Agreement, and applicable state laws, City hereby grants and issues to Collector the exclusive authority, right and privilege to collect, pick-up, gather, remove and dispose of all Solid Waste and Recyclable Materials generated or accumulated by all residential and commercial/industrial users or customers within the City, for the term of this Agreement, unless earlier terminated as provided herein. b. Collector’s exclusive rights hereunder shall be further subject to the rights of state, county, college and school district facilities to use a solid waste enterprise other than Collector. c. Collector accepts the terms of this Agreement as defining the scope of its exclusive rights to provide Solid Waste and Recyclable Materials collection, processing, disposal and street sweeping services in the City of Barstow, and this Agreement supersedes all prior franchise rights and prior agreements. Collector waives any right or claim to provide Solid Waste or Recyclable Materials collection, processing, or disposal services in the City of Barstow under any prior grant of franchise, contract, license or permit, including but not limited to the 1997 Agreement and any right under Section 49520 of the Public Resources Code. d. The City shall protect Collector's exclusive rights by proper ordinances, and by reasonable enforcement of those ordinances. Should the City be required to take administrative, law enforcement, or other legal action against any person that infringes on Collector's exclusive rights, Collector shall reimburse the City for its reasonable administrative, law enforcement, or other legal costs related to any such action. Nothing herein shall preclude Collector from taking such legal action against third parties as it deems appropriate to protect the exclusive rights hereunder.

1.4 Term. This Agreement shall commence on July 1, 2022 and continue in full force and effect until midnight on August 31, 2033 unless extended by mutual agreement of the City and Contractor.

ARTICLE II - DEFINITIONS

ARTICLE II

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Packet Pg. 194 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 4 defined in this Agreement. In addition, the following definitions are hereby incorporated into this Agreement:
i. “Act” shall mean the California Integrated Waste Management Act of 1989, as it now exists or may subsequently be amended, and implementing regulations found at California Public Resources Code Sections 40000 et. seq. ii. “Applicable Law” shall mean applicable federal, state or local law or regulation, including but not limited to, the laws governing transfer, storage or disposal of Solid Waste or Hazardous Waste, RCRA, CERCLA, the Act and the City Municipal Code. iii. “Automated Collection” or “Fully Automated Collection System” shall mean the collection of Solid Waste and Recyclable Materials using Standard Residential Solid Waste containers and vehicles designed so that Collector’s employees are not required to leave the vehicle to collect the Solid Waste or Recyclable Materials. iv. “Back-Haul” means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). v. “Bin” or “Residential Solid Waste Bin” shall mean a state-of-the-art bin or Solid Waste container with a capacity of between 1 and 3 cubic yards, designated for mechanical pickup by collection vehicles and equipped with a lid, or where appropriate for the subject premises, a roll-off or drop box or compactor.
vi. “Black Container” has the same meaning as “Gray Container” in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of container waste or mixed waste.
vii. “Blue Container” has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and Collection of Source Separated Recyclable Materials (SSBCOW).
viii. “Brown Container” has the same meaning as in 14 CCR Section 18982.2(a)(5.5) and shall be used for the purpose of storage and collection of source separated food waste. ix. “Bulky Items” shall mean large and small household appliances, furniture, carpets, mattresses, and similar large items discarded by residential service recipients, provided such items may be lifted by no more than two people and may be contained within a standard size pickup truck.
x. “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to

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Packet Pg. 195 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 5 the relevant Title of the CCR (e.g., “14 CCR, Division 7, Chapter 12” refers to Title 14, Division 7, Chapter 12 of the California Code of Regulations). xi. “CalRecycle” means California's Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions and other regulated entities. xii. “CERCLA” or “Superfund” shall mean the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Sections 9601 et seq. and all future amendments.
xiii. “City” shall mean the City of Barstow.
xiv. “City Facilities” shall mean: City Hall, Harvey House, Corporation Yard, and any other facility used primarily by the City that may be constructed or leased during the term of this Agreement.
xv. “City Manager” shall mean: the City Manager of the City or the designated representative of the City Manager of the City.
xvi. “Collection Costs” shall mean, for purposes of Section 4.3, of this Agreement, all costs incurred by Collector, including the allocation of Collector’s overhead, for the collection and transportation of Solid Waste and Recyclable Materials to a disposal facility, except for the tipping fees or other costs charged for the actual disposal by a disposal facility and incurred directly or indirectly by Collector.
xvii. “Collector” shall mean Burrtec Waste Industries, Inc. and may have the same meaning as “Contractor”.
xviii. “Commercial Edible Food Generators” includes Tier One Commercial Edible Food Generators and Tier Two Commercial Edible Food Generators, or as otherwise defined in 14 CCR Section 18982(a)(7). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators, or as otherwise specified by 14 CCR Section 18982(a)(7).
xix. “Commercial/Industrial Premises” shall mean any businesses located within the City that must apply for a City Business Permit / Licenses. Industrial customers may mean premises with roll-off bin services.
xx. “Commingled Recyclable Materials” shall mean two or more different types of Recyclable Materials (e.g. glass bottles and steel cans) placed in the same container when set out for collection.

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Packet Pg. 196 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 6 xxi. “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
xxii. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.
xxiii. “Composting Facility” shall mean the facility for processing organic material including green waste and/or food waste.
xxiv. “Construction and Demolition Waste” shall mean any Solid Waste or other debris generated as a result of construction or demolition, including without limitation, discarded packaging or containers and waste construction materials, whether brought on site for fabrication or used in construction or resulting from demolition, excluding liquid waste and hazardous waste.
xxv. “Control” shall mean, for purposes of Section 6.2 of this Agreement, the possession (direct or indirect) of the power to direct or cause the direction of the management and policies of a corporation, partnership, joint venture, or other association. xxvi. “Disposal Facility” shall mean the facility or facilitates including landfills, for disposing of Solid Waste and/or residue from a Processing Facility, Composting Facility and/or Transfer Station.
xxvii. “Diversion (or any variation thereof including “Divert”)” means activities which reduce or eliminate Discarded Materials from Disposal, including, but not limited to, source reduction, Reuse, salvage, Recycling, and composting.
xxviii. “Diversion Rate” shall mean the calculation, in the manner required by Public Resources Code Sections 41780, et seq., of the percentage of total Solid Waste and recyclable materials generated in the City during a twelve-month period, that was diverted from landfill disposal or transformation in the same twelve month period. xxix. “Edible Food” means food intended for human consumption. For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement requires or authorizesthe recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18)shall apply to this Agreement.
xxx. “Effective Date” shall mean the date specified in the Preamble on page 1 of this Agreement.

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Packet Pg. 197 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 7 xxxi. “Environmental Statutes” shall mean, for purposes of this Agreement, 42 United States Code Sections 9600, et seq., 42 U.S.C. Sections 6901, et seq., California Health and Safety Code Sections 25300, et seq., or successor statutes.
xxxii. “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 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.
xxxiii. “Food Recovery” means actions to collect and distribute food for human consumption which otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
xxxiv. “Food Recovery Organization” means an entity that primarily engagesin the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities, including, but not limited to:

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Packet Pg. 198 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 8 xxxviii. “Food Waste” means allfood and food scrapssuch as, but notlimited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells Food Waste excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Waste. Food Waste is a subset of SSGCOW. Edible Food separated for Food Recovery shall not be considered Food Waste. xxxix. “Gray Container” has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and Collection of Gray Container Waste. xl. “Gray Container Waste” means Solid Waste that is collected in a Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). Gray Container Waste may specifically include carpet, [Non-Compostable Paper] andtextiles.
xli. “Green Container” has the same meaning as in 14 CCR Section 18982(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste (SSGCOW).
xlii. “Gross Receipts” means any and all monies or compensation in any form received from service recipients for services provided pursuant to this Agreement, including late charges.
xliii. “Hauler Route(s)” means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5)
xliv. “Hazardous Substances” shall mean any substance, waste or mixture of wastes defined as a “Hazardous Substance” or “Hazardous Waste pursuant to the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. Sections 6901 et seq., the Comprehensive Environmental Response Compensation and Liability Action (“CERCLA”), 42 U.S.C.

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Packet Pg. 199 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 9 average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Agreement. xlvii. “Large Venue” means a permanent venue facility that annually seats orserves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Agreement. xlviii. “Multi-Family Premises” shall mean any residential dwelling containing three (3) units or more.
xlix. “Municipal Code” shall mean the Municipal Code of the City of Barstow, as it presently exists or may subsequently be amended.
l. “Non-Compostable Paper” includes, but is not limited to, paper that is coated in a plastic material that will not breakdown in the composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
li. “Non-Organic Recyclables” means non-putrescible and non-hazardous recyclable wastes including, but not limited to, bottles, cans, metals, plastics, and glass, or as otherwise defined in 14 CCR Section 18982(a)(43). Non-Organic Recyclables are a subset of Source Separated Recyclable Materials.
lii. “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, Yard Trimmings, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively. liii. “Paper Products” include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling; or as otherwise defined in 14 CCR Section 18982(a)(51).

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Packet Pg. 200 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 10 liv. “Performance-based Compliance Approach” meansthe method of complying with the SB 1383 Regulations through implementation of a collection system, programs, and policies in accordance with 14 CCR, Division 7, Chapter 12, Article 17, or as otherwise defined by 18982(a)(52.5), and all associated requirements.
lv. “Printing and Writing Paper” include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications; or as otherwise defined in 14 CCR Section 18982(a)(54). lvi. “Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20). lvii. “Processing Facility” shall mean the facility or facilities for sorting and/or processing commingled or source separated Recyclables and/or Solid Waste. lviii. “Prohibited Container Contaminants” means the following: (i) Discarded Materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the [City’s] Blue Container; (ii) Discarded Materials placed in the Brown Container that are not identified as acceptable Source Separated Food Waste for the [City’s] Brown Container; (iii) Discarded Materials placed in the Green Container that are not identified as acceptable SSGCOW for the [City’s] Green Container; (iii) Discarded Materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or SSGCOW to be placed in [City’s] Green Container, Brown Container, and/or Blue Container; and (iv) Excluded Waste placed in any Container. lix. “RCRA” shall mean the Resource Conservation and Recovery Act, 42 U.S.C. Sections 6901 et seq.
lx. “Recycle” or “Recycling” means the process of Collecting, sorting, cleansing, treating, and reconfiguring materialsfor the purpose of returning them to the economic mainstream in the form of raw material for new, Reused, or reconstituted products that meet the quality standards necessary to be used in the marketplace. Recycling includes processes deemed to constitute a reduction of Landfill Disposal pursuant to 14 CCR, Division 7, Chapter 12, Article 2. Recycling does not include gasification or transformation as defined in Public Resources Code Section 40201.
lxi. “Recyclable Materials” shall mean those materials that are suitable for recycling, as determined by the City Manager or designated representative and as set forth in this Agreement. A list of Recyclable Materials is included in this Agreement as Exhibit “B”.

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Packet Pg. 201 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 11 Exhibit “B” may be changed from time to time, upon mutual agreement of the City and Collector.
lxii. “Recycling” shall mean the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. Recycling does not include transformation as defined in Public Resources Code Section 40201.
lxiii. “Recycling Container” shall mean a container suitable for automated collection, to be provided to residential and commercial customers and used for the temporary accumulation and collection of Recyclable Materials.
lxiv. “Residential Premises” shall mean any residential single-family dwelling up to a Two (2)- unit complex.
lxv. “Reuse” or any variation thereof, means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded, or as otherwise defined in 14 CCR Section 17402.5(b)(2).
lxvi. “Solid Waste” shall have the meaning set forth in Public Resources Code Section 40191. lxvii. “SB 1383” means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 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, lxviii. “SB 1383 Regulations” or “SB 1383 Regulatory” refers to the Short-Lived Climate Pollutants (SLCP): Organic Waste Reductions regulations developed by CalRecycle and adopted in 2020 that created Chapter 12 of 14 CCR, Division 7 and amended portions of regulations of 14 CCR and 27 CCR.
lxix. “Self-Hauler” or “Self-Haul” means a person, who, [in compliance with all applicable requirements of the City Code,] hauls Solid Waste, Organic Waste or recyclable material he or she has generated directly to the appropriate facility, as required by SB 1383 Regulations. Self-hauler also includes a person who Back-Hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66).
lxx. “Service Level” refers to the number and size of a Customer’s Container(s) and the frequency of Collection service, as well as ancillary services such as lock/unlock service, Container push/pull service, etc.

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Packet Pg. 202 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 12 lxxi. “Source Reduction and Recycling Element,” or “SRRE,” means the element required by Public Resources Code Section 41000, et seq. City adopted a Source Reduction and Recycling Element on July 14, 1992.
lxxii. “Source Separated” means materials, including commingled Recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or Processing those materials for Recycling or Reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Agreement, Source Separated shall include separation of materials by the Generator, Property Owner, Property Owner’s employee, property manager, or property manager’s employee into different Containers for the purpose of Collection such that Source Separated materials are separated from Gray Container Waste and other Solid Waste for the purposes of Collection and Processing. lxxiii. “Source Separated Blue Container Organic Waste” or “SSBCOW” means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non-Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7).
lxxiv. “Source Separated Green Container Organic Waste” or “SSGCOW” means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. lxxv. “Source Separated Recyclable Materials” means Source Separated Non-Organic Recyclables and SSBCOW.
lxxvi. “Standard Collection Services” shall mean the weekly collection of Solid Waste from Residential, Commercial or Industrial premises using suitable containers provided by Collector.
lxxvii. “Standard Compliance Approach” means the method for complying with the SB 1383 Regulations through implementation of a collection system pursuant to 14 CCR, Division 7, Chapter 12, Article 3, and all associated program and policy requirements. lxxviii. “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Supermarket.

B. Grocery Store with a total facility size equal to or greater than 10,000 square feet.

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Packet Pg. 203 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 13 C. Food Service Provider.

D. Food Distributor.

E. Wholesale Food Vendor.

If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this Agreement.
lxxix. “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following, each as defined in 14 CCR Section 18982:

A. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.

B. Hotel with an on-site food facility and 200 or more rooms.

C. Health facility with an on-site food facility and 100 or more beds.

D. Large Venue.

E. Large Event.

F. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.

G. A local education agency with an on-site food facility.

If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to this Agreement.
lxxx. “Tipping Fees” shall mean, the cost charged by a landfill, transfer stations, material recovery facilities recyclers to dispose of one (1) ton of Solid Waste. A proportionate share of the cost of the Tipping Fees are reflected in the rates charged to each customer as set forth in Article IV below.
lxxxi. “Waste Disposal Agreement” shall mean that certain Waste Disposal Agreement, between the City and the County of San Bernardino, whereby the City has agreed to restrict the flow of Controllable Waste and other materials to such locations as are designated by the County of San Bernardino.
lxxxii. “Yard Trimmings” means types of SSGCOW resulting from normal yard and landscaping installation, maintenance, or removal that the Generators Source Separate and set out in Green Containers for Collection for the purpose of Processing by the Contractor.

ARTICLE III – COLLECTOR’S OBLIGATIONS

ARTICLE III
COLLECTOR’S OBLIGATIONS

3.1 Governing Requirements. Collector shall acquire and maintain all necessary permits and licenses, and shall comply with all provisions of this Agreement, the Municipal Code (including,

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Packet Pg. 204 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 14 but not limited to, Chapter 6.20, which is incorporated herein by this reference), and all other applicable laws, rules and implementing regulations, as they from time to time may be amended, including, but not limited to the Act.

3.2 Payments. The City shall bill all residential and commercial/ industrial customers/owners for sewer and trash services and shall collect all Gross Receipts pursuant to the rate schedule set forth in Exhibit A, which includes items a) through i). The Collector shall bill all industrial customers/owners with permanent/temporary roll off services and, and shall collect all Gross Receipts. Collector shall pay, on a monthly basis, to the City the portion of Gross Receipts received by Collector as set forth below:
a. Franchise Fee equivalent to ten (10%) of all Gross Receipts from residential, commercial/industrial accounts, excluding Sewer Fees, AB 939 Fees and tipping/dump fees; and b. Administrative Fee equivalent to five (5%) of all Gross Receipts, excluding Sewer Fees, AB 939 Fees and tipping/dump fees;
c. AB 939 Fee: 100% of the portion of Gross Revenues attributed to AB 939 Fees; d. Tipping Fee: 100% of the portion of Gross Revenues attributed to the cost of the Tipping Fee;
e. Sewer Fees: 100% of the portion of Gross Revenues attributed to the cost of sewer services;
f. Processing Fee: 100% of the portion of fee attached to liens; g. 100% of revenues from liens/assessments placed on a parcel, which reflect any portion of the delinquent billings prior to 1 July 2016, received by Collector will all be passed directly through to the City. This pass through payment reflects the fact that Collector has already received payment by the City for these delinquent accounts. h. Revenue received by Collector from liens/assessments recorded on a parcel for delinquent billings for services after 1 July 2016 shall be paid to the City in accordance with subparagraphs a through f above, including less a $45 Administrative Fee for each delinquent account for which payment is received though the lien/assessment process. The $45 Administrative Fee reflects Collector’s administrative costs in processing the lien/assessment for the delinquent account, which shall only be recovered upon payment of the lien/assessment. i. Revenue received by the City from the County for payment of assessments will be processed according to the above subparagraphs a through g above.

City shall pay, on a net 30 basis, to the Collector, the Hauler portion of the rate for each service billed by City for that month as set forth in Exhibit D - Hauler Service Fee Schedule.

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Packet Pg. 205 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 15 3.3 AB 939 Fee. City will collect any AB 939 Fee adopted by City pursuant to California Public Resources Code Section 41901.

Special Services may be provided upon request at a rate not to exceed that approved by City Council.

3.7 Day and Time for Collection.

Residential collection shall be conducted Monday through Friday except as provided herein for holidays. Commercial/industrial collection shall be conducted Monday through Saturday. Collection shall not be made on Sundays.

Collector agrees that, in order to protect the peace and quiet of customers, the collection of Solid Waste and Recyclable Materials in residential areas and in commercial/industrial areas adjacent to residential areas, shall not commence before 5:30 a.m. or continue after 4:30 p.m. unless otherwise provided for in Chapter 6.20 of the Municipal Code. Collector agrees to maintain business office hours of 8:00 a.m. until 5:00 p.m. Monday through Friday.

3.8 Collection on Holidays.

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Packet Pg. 206 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 16 If the collection on any given route falls on a holiday Collector shall provide collection service for such route on the next workday following such Holiday unless otherwise provided for in Chapter 6.20 BMC. Collector is responsible for timely notification of any scheduled route changes to the public. The following holidays are observed: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Day After (Office Personnel Only), and Christmas.

3.9 Collection from Residential Premises.
a. Automated Collection. Collector shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide automated collection of Solid Waste and Recyclable Materials from residential premises within the City. b. Collector to Provide Containers for Automated Collection. Collector shall provide the initial containers and any replacement containers to all residential premises. All customers shall receive one standard residential solid waste container having an approximate capacity of 95 gallons, and one standard residential recycling container having an approximate capacity of 95 gallons. All containers provided by Collector shall be constructed of rigid, durable materials with a minimum five (5) year life expectancy warranted by the manufacturer. Customers may have one (1) additional recycling container at no charge; if warranted after the City has conducted a Waste Audit.
c. Smaller Containers for Single Family Residential. Collector will provide 35-gallon trash/recycling automation containers for households that only generate that amount of trash, as determined by the Collector. Residential customers who request a smaller container are eligible only where there are no extra bags of trash and zero contamination of the recycling bin.

No multiple smaller containers are offered. This is contingent upon City Council approval for the rate for service.

The color and any labels or embossments of the containers shall be subject to approval by the City Manager or designated representative. Collector’s name or logo shall be embossed or affixed on all standard residential containers. Collector shall not place any labels or embossments on the standard residential containers or Collector’s trucks without prior approval by City.
d. Frequency of Collection - Residential Premises. Collector shall collect all Solid Waste and Recyclable Materials from residential premises once each week on a regular schedule which will specify the day during which collection will occur in the City. The initial schedule for collection from residential premises shall be submitted to City for approval by the City Manager

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Packet Pg. 207 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 17 or designated representative. All Solid Waste and Recyclable Materials from residential premises shall be collected on the same day during each week except as otherwise provided herein.

Collector shall perform quarterly route audits to insure all containers being serviced are identified and are cross-referenced to the billing statements.
e. Residential — Bulky Items. Collector shall provide all residential customers four (4) two (2) bulky item collections per calendar year at no additional charge. Bulky items may include white goods, brown goods (couches and mattresses) as defined in this document. In addition, up to two (2) Cathode Ray Tubes (CRTs) or other Consumer Electronic Devices, (CEDs) and a maximum of four (4) passenger vehicle tires with or without rims per calendar year may also be placed at the curb for pickup with bulky items. No oversize tires or commercial type will be accepted. Collector may charge customers for additional Bulky Item pickups. The charges for additional bulky item pickups are included in Exhibit “A”. Customers desiring to have bulky items and CEDs or tires picked up shall notify Collector by telephone at least seven (7) calendar days in advance of the pickup date desired by customer.
f. Multi-Family Residential - Bulky Items. Collector shall provide weekly bulky item collection to multi-family complexes receiving bin service at the MF Bin Rate. Bulky items shall include those items identified for residential pickup in paragraph 3.8e above. Multi-Family service fees shall be adjusted annually based on the volume of Bulky Items collected in the previous twelve (12) months.
g. Holiday Tree Recycling. Collector shall collect, transport and divert the holiday trees from the landfill which are placed for collection at the curb on regular collection days, on all residential premises within the City during the two- week period beginning after December 26, the exact dates of which will be published by Collector annually before December 1st. h. Residential Curbside Recycling Program. Collector shall provide separate curbside commingled automated collection of Recyclable Materials to all residential premises. Curbside collection shall be performed weekly, on the same day as Solid Waste collection. Collector shall provide residents and commercial customers with Recycling Containers. Collector shall repair or replace damaged Recycling Containers. Collector shall replace any Recycling Containers reported to the police as stolen. Subject to the foregoing, Collector may charge customers for damage to Recycling Containers caused by the gross negligence or willful misconduct of a customer.

3.10 Collection from Commercial/Industrial Premises.
a. Collection Services. Collector shall furnish all labor, supervision, materials, permits, licenses, and equipment necessary to provide Solid Waste and Recyclable Materials collection for commercial/industrial premises within the City. Collector will provide control and accountability of all waste processed under this Agreement. b. Collector to Provide Bins/Frequency of Collection. Collector shall collect all Solid Waste and Recyclable Materials from Commercial/Industrial premises at a minimum of once each

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Packet Pg. 208 Attachment: Clean Verson Exhibit to Reso Burrtec 2nd ARA Option 1 (5009 : Burrtec Waste Franchise Amendment and Rate Updates for SB 18 week. Collector shall make arrangements with each commercial/industrial customer concerning the size of solid waste container and frequency of collection. Each such container or bin shall be a standard commercial/industrial solid waste container. c. Clean up of Waste Enclosures or Overflowing Bins. Collector shall exercise all reasonable care and diligence in collecting Solid Waste and Recyclable Materials, and shall, at a special rate determined in the reference, clean out all overflowing bins or waste enclosures within twenty-four (24) hours of notification by City. Collector may charge the customer for the actual costs of clean up.

Barstow City CouncilJune 20, 2022

Barstow City Council
June 20, 2022