Agenda — Brawley City Council, September 15, 2026

Brawley City Council &
Successor Agency to Brawley
Community Redevelopment Agency
Regular Meeting Agenda
September 15, 2026 at 5:30 PM
City Council Chambers
383 Main Street
Brawley, California 92227
This meeting will be broadcast live at https://brawley-ca.granicus.com/ViewPublisher.php?view_id=1 JJ Galvan, Mayor Ana Gutierrez, City Clerk
Timothy Kelley, Mayor Pro-Tempore William S. Smerdon, Acting City Treasurer John Grass, Council Member William S. Smerdon, City Attorney Perry Monita, Council Member Rebecca Terrazas-Baxter, City Manager/ Gil Rebollar, Council Member Executive Director

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

1. APPROVAL OF AGENDA

2. CLOSED SESSION
CLOSED SESSION PUBLIC COMMENTS: This is the time for the public to address the City Council on any item appearing on the Closed Session agenda for this meeting.

ADJOURN TO CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (One Case)

CONFERENCE WITH LABOR NEGOTIATOR
Government Code §54957.6, Conference with Rebecca Terrazas-Baxter, City Manager, Sylvia Vizcarra, Human Resources Administrator, and Peter Nguyen, Labor Specialist, on the following bargaining units:

I. Management, Confidential, and Unrepresented
II. Teamsters Local 542
III. Brawley Public Safety Employees Association
IV. Brawley Police Sergeants Association
V. Brawley Firefighters Association
VI. Unrepresented Part-Time and Temporary
RECONVENE TO OPEN SESSION – 6:00 PM

3. PUBLIC APPEARANCES/COMMENTS (Not to exceed 4 minutes.) This is the time for the public to address the Council on any item not appearing on the agenda that is within the subject matter jurisdiction of the City Council. The Mayor will recognize you and when you come to the microphone, please state your name and address for the record. Speakers are expected to conduct themselves in a respectful and orderly manner. Disruptive behavior and profanity are not permitted. You are not allowed to make personal attacks on individuals or make comments which are slanderous, or which may invade an individual’s personal privacy. Please direct your questions and comments to the City Council.

Any member of the public is invited to submit public comments in advance of the meeting to be read at the meeting. Please email your questions to valerie.sonico@brawleyca.gov or call 760-351-3048 any time before 2:30 PM, September 15, 2026. a. Public Comments for Items not on the Agenda
b. Special Presentation: Recognition of Refugio Martinez, Animal Control Officer, as the City of Brawley Employee of the Month for July 2026
c. Proclamation Celebrating National Hispanic Heritage Month

4. CONSENT AGENDA
Items are approved by one motion. Council Members or members of the public may request consent items be considered separately at a time determined by the Mayor. a. Approve City Council Meeting Minutes: September 1, 2026 (1 attachment)
b. Approve Accounts Payable: August 15, 2026 to August 28, 2026 (3 attachments)
c. Ratification of Fifth Amendment to Solid Waste Disposal and Recycling Franchise Agreement with Republic Services of Imperial
(7 attachments)
d. Adopt Resolution No. 2026-04A: Amending Resolution 2026-04 Concerning the Affordable Housing and Sustainable Communities Program
(2 attachments)
e. Award Specification No. 2026-02, Library Window Replacement, to Andrade Acquisitions in the Amount of $273,626.37, Authorize a 15% Contingency in the Amount of $41,043.95 if Needed for Any Unforeseen Circumstances, for a Total Authorized Project Amount of $314,670.32, and Authorize the City Manager to Execute All Documents Related to the Project
(2 attachments)
f. Award the Alyce Gereaux Splash Pad Shade Project to Zoom Recreation for an Amount of $95,878.34, Authorize a 10% Contingency in the Amount of $9,587.83 for a Total Authorized Project Amount of $105,466.17, and Authorize the City Manager to Execute All Documents Related to the Project
(5 attachments)

5. REGULAR BUSINESS
a. Consideration of a sponsorship/donation to the Imperial County Sheriff's Office Inmate Welfare Trust Fund in Support of Services Provided to the City of Brawley for Cattle Rodeo Preparations; Provide Direction Regarding the Donation Amount and Any Necessary Budget Adjustment. – Presented by Rebecca Terrazas-Baxter, City Manager
(2 attachments)
b. Potential Action to Approve the Memorandum of Understanding (MOU) Between the Imperial County Transportation Commission (ICTC) and the City of Brawley for Ongoing Maintenance of Imperial Valley Transit (IVT) Bus Stops within the City and Authorize the Mayor to Execute the MOU. – Presented by Rebecca Terrazas-Baxter, City Manager (2 attachments)
c. Approve a Two-Year Extension to Defer Construction of the Required Offsite Improvements for the Property Located at 899 Main Street (APN 047-351-004 / CUP 20-02) and Authorize the Continued Issuance of a Temporary Certificate of Occupancy, Subject to the Terms of the Amended Deferral Agreement – Presented by Ana Gutierrez, Acting Public Works & Operations Manager
(3 attachments)

6. CITY MANAGER REPORT

7. CITY COUNCIL MEMBER REPORTS

8. CITY ATTORNEY REPORT

9. INFORMATIONAL REPORT
ADJOURNMENT: Regular Meeting October 6, 2026 @ 5:30 PM, 383 Main Street, Brawley, California. Supporting Documents are available for public review in the Office of the City Clerk, 383 Main Street, Brawley, California 92227 - Monday through Friday during Regular Business Hours; Individuals who require special accommodations are requested to give 48 hours prior notice. Contact: Office of the City Clerk @ 760-351-3048.

Ana Gutierrez, City Clerk

CITY OF BRAWLEY

CITY COUNCIL MEETING MINUTES

SPECIAL MEETING
September 1, 2026
The City Council of the City of Brawley, California, met in a regular meeting at 5:30 p.m. at the City Council Chambers. The date, time, and place of said meeting were duly established. The City Clerk attests to the posting of the agenda in accordance with Cal. Govt. Code § 54954.2.

CALL TO ORDER
Mayor Galvan called the meeting to order at 5:30 p.m.

ROLL CALL
PRESENT: Rebollar (Late), Monita, Grass, Kelley, Galvan PRESENT VIA ZOOM:

ABSENT:

1. APPROVAL OF AGENDA
Approved: m/s/c Kelley/Monita/ 4-0 (Rebollar Late)

2. CLOSSED SESSION
CLOSED SESSION PUBLIC COMMENTS: This is the time for the public to address the City Council on any item appearing on the Closed Session agenda for this meeting.

ADJOURN TO CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: (One Case)

RECONVENE TO OPEN SESSION – 6:00 PM
4a
INVOCATION: CM Grass
PLEDGE OF ALLEGIANCE: Ana Gutierrez, City Clerk

3. PUBLIC APPEARANCES/COMMENTS (Not to exceed 4 minutes) This is the time for the public to address the Council on any item not appearing on the agenda that is within the subject matter jurisdiction of the City Council. The Mayor will recognize you and when you come to the microphone, please state your name for the record. You are not allowed to make personal attacks on individuals or make comments which are slanderous, or which may invade an individual’s personal privacy. Please direct your questions and comments to the City Council.

Any member of the public is invited to submit public comments in advance of the meeting to be read at the meeting. Please email your questions to [email protected] or call 760-351-3048 any time before 2:30 PM, September 1, 2026.
a. Public Comments for items not on the Agenda.
 Julian Escalera 4516 Brandt Road
o Highway 78 and Bypass
o Old Water Treatment Plant
o Permitting Process for EV at the old Rite Aid
o Pumps at 7-Eleven
o B of A ATM Shade Structure
o Patch work on the roads.
 Rene Peinado 1198 G Street
 Maria Garcia 1198 G Street
 Arne Eaton 260 West A Street
 James Limbaugh, Interim Superintendent of Imperial Valley College (IVC) b. Special Presentation: Recognition of Silvia Luna in Appreciation of Her Outstanding Contributions and Dedicated Service to the City of Brawley as Finance Director (Postponed)
c. Proclamation Declaring September as National Suicide Prevention Awareness Month by Council Member John Grass.
 Gabriela Jimenez, Imperial County Behavioral Health
 Dr. Ravada, Imperial County Behavioral Health.
 Maria Ruiz, Imperial County Behavioral Health

4. PUBLIC HEARING
a. Public Hearing and Potential Action to Adopt Resolution No. 2026-44: Abandoning and Vacating an Alley on the Eastern Boundary of the Fiesta Valle Subdivision (AV25-01) – Presented by Cristhian Barajas, Development Services Director. 4a
Open: 7:03 pm

1. Lupe Navarro, 671 South 18th Street

2. Joshua

3. Martha, 1686 South 18th Street

4. Joshua Paddock, Applicant, Developer
Closed: 7:15 pm

Action: m/s/c Kelley/Monita/5-0
Comments may be heard here:
https://brawley-ca.granicus.com/ViewPublisher.php?view_id=1

5. CONSENT AGENDA
Approved: m/s/c Kelley/Monita/5-0
Items are approved by one motion. Council Members or members of the public may request that consent items be considered separately at a time determined by the Mayor. a. Approved Approve City Council Meeting Minutes: July 21, 2026, and Special Meeting Minutes:

July 27, 2026 & August 18, 2026.
b. Approved Accounts Payable: July 04, 2026, to August 14, 2026. c. Approved Second Reading and Adoption of Ordinance No. 2026‑04: Amendment to Articles II and V of the Zoning Ordinance That Would Formally Define “Water Stores” While Allowing Their Development in All Commercial Zones. d. Approved Travel Over Five-Hundred Miles and Expenses for Information Technology Director Armando Garibay to Attend the Municipal Information Systems Association of California (MISAC) Conference in Monterey, CA.
e. Approved Contract Amendment #2 with Dutton Consulting for an Additional Amount Not to Exceed $26,940 for Project Management and Coordination Services Associated with the Rancho Los Lagos Annexation.
f. Approved Contract Amendment #3 with FirstCarbon Solutions for an Additional Amount Not to Exceed $32,475 for Preparation, Distribution, and Revisions to the Rancho Los Lagos Draft Supplemental Environmental Impact Report
g. Approved Contract Amendment #5 with RICK Engineering for an Amount Not to Exceed $20,365 for Revisions and Submittal of the Brawley Service Area Plan 2026 for LAFCO Approval.

Comments may be heard here:
https://brawley-ca.granicus.com/ViewPublisher.php?view_id=1

6. REGULAR BUSINESS
a. Potential Action to Approve Temporary Road Closure to Facilitate the Community Procession Scheduled for November 7, 2026, and Approve Waiver of Applicable City Fees Associated with the Event – Presented by April Hodgson, Parks and Recreation Manager m/s/c Rebollar/Kelley/4-1 Grass Opposed
Comments may be heard here:
https://brawley-ca.granicus.com/ViewPublisher.php?view_id=1 4a
b. Potential Action to Approve a Waiver of Fees Requested by Christ Community Church to Facilitate their Annual Fall Festival at Hinojosa Park, Scheduled for October 29, 2026 – Presented by April Hodgson, Parks and Recreation Manager m/s/c Rebollar/Monita/4-1 Grass Opposed
Comments may be heard here:
https://brawley-ca.granicus.com/ViewPublisher.php?view_id=1 c. Adopt Resolution No. 2026-43: Adopting the Patron Code of Conduct of the Brawley Public Library – Presented by Petra Ortega, Library Manager
m/s/c Monita/Kelley/5-0
Comments may be heard here:
https://brawley-ca.granicus.com/ViewPublisher.php?view_id=1 The meeting was adjourned at 7:53 p.m.
______________________________________
Ana Gutierrez, City Clerk
4a
City of Brawley
City Council
Sep 15, 2026
Agenda Item No.

STAFF REPORT
To: City Council
From: Marcela Tapia, Interim Finance Director
Prepared by: Jesse Sanchez, Sr. Accounting Assistant
Subject: Demand check registers processed from August 15, 2026 to August 28, 2026 RECOMMENDATION:

Approve demand check registers processed from August 15, 2026 to August 28, 2026.

BACKGROUND INFORMATION:

Routine bills and payroll processed between Council meetings included the following:

All Bank Codes Check Summary
Utility refunds included the following:
4b
FISCAL IMPACT:

No additional fiscal impact to approve these reports.

ALTERNATIVES:

None.

ATTACHMENTS:

1. Check Report by Check Number

2. Monthly Transaction Report for Utility Refunds
REPORT COORDINATED WITH (other than person preparing the staff report):

None.

REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Rebecca Terrazas-Baxter, City Manager Approved – 09/08/2026 Marcela Tapia, Interim Finance Director Approved – 09/08/2026 4b
9/1/2026 10:36:40 AM Page 1 of 10
Check Report
City of Brawley By Check Number
Date Range: 08/15/2026 - 08/28/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount Bank Code: US Bank-US Bank Operating Account
02959 Accela Inc. 08/21/2026 EFT 0.00 16,684.93 1501
INV-ACC63121 Invoice 08/21/2026 Accela Inc. 0.00 10,000.00 INV-ACC64215 Invoice 08/21/2026 Accela Inc. 0.00 6,684.93 02772 Astyn Martinez 08/21/2026 EFT 0.00 100.00 1502
8-26Refund Invoice 08/19/2026 Facility Requested/Dance Recital/8/9/26 0.00 100.00 02405 Brawley Analytical Inc. 08/21/2026 EFT 0.00 3,174.00 1503 002198 Invoice 08/19/2026 Water Testing/Labs 7/29/26 0.00 409.50 002209 Invoice 08/19/2026 Water Testing/Labs 7/23/26 0.00 735.00 002216 Invoice 08/19/2026 Water Testing/Labs 8/4/26 0.00 475.00 002217 Invoice 08/19/2026 Water Testing/Labs 8/5/26 0.00 1,554.50 00248 Brenntag Pacific, Inc. 08/21/2026 EFT 0.00 2,689.42 1504 BPI622269 Invoice 08/19/2026 L A Chemchlor Sodium/Hypochlorite 0.00 2,689.42 00299 Canon Financial Services Inc 08/21/2026 EFT 0.00 1,237.25 1505 43168711 Invoice 06/30/2026 Maintenance Overage April/Contract Char… 0.00 623.20 43383905 Invoice 06/30/2026 Maint Overage May/Contract Charge June… 0.00 129.90 43552132 Invoice 08/19/2026 Contract Charge/July 2026 0.00 484.15 02571 Health and Human Resource Center Inc 08/21/2026 EFT 0.00 333.90 1506 E0375377 Invoice 08/19/2026 Employee Assistant Program/Sep 2026 0.00 4.20 E0375378 Invoice 08/19/2026 Employee Assitant Program/Sep 2026 0.00 329.70 02299 Infosend Inc. 08/21/2026 EFT 0.00 13,922.27 1507
312564 Invoice 06/30/2026 FY25-26 UB Mailing Services- Year 3 0.00 9,187.65 315139 Invoice 08/19/2026 FY 26-27 UB Mailing Services 0.00 4,734.62 02890 Law Offices of Angel Ho Inc. 08/21/2026 EFT 0.00 3,215.67 1508 2604-06 Invoice 08/19/2026 Professional Services/July 1, 14, 15, 16 & 18 0.00 3,215.67 02624 QQCW Topco LLC 08/21/2026 EFT 0.00 94.97 1509
ARB273658 Invoice 08/19/2026 Fleet Membership/July 2026 0.00 94.97 02290 ScribSoft Holdings Inc. 08/21/2026 EFT 0.00 150.00 1510 PER00042813 Invoice 08/18/2026 Permitium Handling Fees/July 2026 0.00 150.00 01665 The Bank of New York Mellon Trust CO N.A. 08/21/2026 EFT 0.00 1,213,431.48 1511 00252-25-00544… Invoice 06/30/2026 Pension Obligation Bonds Series 2017/Tax 0.00 2,000.00 8-26BRAWLEY20… Invoice 08/20/2026 Tax Allocation Refunding Bonds Series 2017 0.00 1,211,431.48 02526 Bound Tree Medical LLC 08/27/2026 EFT 0.00 1,935.81 1512 86296087 Invoice 08/25/2026 Medical Supplies 0.00 1,594.98 86309650 Invoice 08/25/2026 Medical Supplies 0.00 80.84 86315134 Invoice 08/25/2026 Medical Supplies 0.00 259.99 00299 Canon Financial Services Inc 08/27/2026 EFT 0.00 1,877.73 1513 43687068 Invoice 08/25/2026 Maint Overage July/Contract Charge Aug/… 0.00 916.82 43724563 Invoice 08/25/2026 Maint Overage July/Contract Charge Aug/… 0.00 960.91 01977 ESO Solutions Inc 08/27/2026 EFT 0.00 557.13 1514 ESO-198122 Invoice 08/25/2026 ER-Google Maps Add On/7/30/26 - 7/29/27 0.00 557.13 00925 Johnson Controls Security Solutions 08/27/2026 EFT 0.00 392.82 1515 42697936 Invoice 08/25/2026 Alarm Monitoring/Admin/Sep 2026 0.00 392.82 02890 Law Offices of Angel Ho Inc. 08/27/2026 EFT 0.00 1,053.29 1516 4b.1
Check Report Date Range: 08/15/2026 - 08/28/2026
9/1/2026 10:36:40 AM Page 2 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 2622-02 Invoice 08/25/2026 Professional Services/July 6, 7, 10 & 21 0.00 1,053.29 02346 LexisNexis Risk Solutions FL Inc. 08/27/2026 EFT 0.00 404.25 1517 1300284590 Invoice 06/30/2026 AVCC Annual Subscription Fee/April 2026 0.00 404.25 02340 Municipal Information Technology Association of California 08/27/2026 EFT 0.00 130.00 1518 300006638 Invoice 08/24/2026 Municipal IS Association/Membership 26-… 0.00 130.00 00002 360 Business Products 08/21/2026 Regular 0.00 207.69 310266 WO-51201-1 Invoice 08/19/2026 Office Supplies 0.00 86.53 WO-51268-1 Invoice 08/19/2026 Copy Paper/Correction Tape/Notepads 0.00 121.16 00009 AA Electric 08/21/2026 Regular 0.00 11,642.23 310267 3346-APP11 Invoice 06/30/2026 Run Conduit/Fence & Lifeguard 0.00 989.04 3347 Invoice 08/19/2026 Repair Service/Electrical/Alice Geraux Wat… 0.00 4,449.11 3350 Invoice 06/30/2026 Exit Signs Installation/Teen Center 0.00 4,301.66 3351 Invoice 06/30/2026 Emergency Signs Installation/Youth Buildi… 0.00 968.61 3352 Invoice 06/30/2026 Exit Emergency Signs/Senior Center 0.00 933.81 00040 Airwave Communications Ent Inc 08/21/2026 Regular 0.00 6,257.37 310268 451331 Invoice 06/30/2026 Airwave Inv 451331 0.00 6,257.37 00084 Alsco American Linen Div Steiner Corp 08/21/2026 Regular 0.00 706.27 310269 LYUM1966356 Invoice 06/30/2026 Cleaning Services/Supplies/WTP 0.00 85.19 LYUM1976385 Invoice 08/19/2026 Cleaning Services/Supplies/WWTP 0.00 137.91 LYUM1976989 Invoice 08/19/2026 Cleaning Services/Supplies/PD 0.00 199.43 LYUM1977793 Invoice 08/19/2026 Cleaning Services/Supplies/WWTP 0.00 138.29 LYUM1978362 Invoice 08/19/2026 Cleaning Services/Supplies/Planning Dept 0.00 85.05 LYUM1978365 Invoice 08/19/2026 Cleaning Services/Supplies/PW 0.00 19.50 LYUM1978373 Invoice 08/18/2026 Cleaning Services/Supplies/City Hall 0.00 40.90 00184 Babcock Laboratories Inc 08/21/2026 Regular 0.00 659.00 310270 CG61698-2441 Invoice 08/19/2026 Water Testing/Labs 0.00 63.00 CG61699-2441 Invoice 08/19/2026 Water Testing/Labs 0.00 596.00 02060 Bertha Diaz 08/21/2026 Regular 0.00 274.48 310271 8-26Reimbursem… Invoice 08/20/2026 Tuition Reimbursement/IVC Course/B.Diaz 0.00 274.48 02715 BlueTriton Brands Inc 08/21/2026 Regular 0.00 18.48 310272 06G8730147066 Invoice 08/19/2026 Bulk Water/Cooler Rental/July 2026 0.00 18.48 00228 Brawley Ace Hardware 08/21/2026 Regular 0.00 2,355.67 310273 C45572/2 Invoice 06/30/2026 Baking Soda 0.00 3.46
C66969/2 Credit Memo 08/20/2026 Door Lock 0.00 -48.93
C66971/2 Invoice 08/20/2026 Door Security Deadbolt/Exchange 0.00 21.75 C66977/2 Invoice 08/20/2026 Tie Tape 0.00 7.17
C66985/2 Invoice 08/20/2026 Tie Down/Ratchet 0.00 23.91 C67056/2 Invoice 08/20/2026 Calculator/Ant Killer/Nozzle/Steel Hardwa… 0.00 83.41 C67329/2 Invoice 08/20/2026 Rod/Elbow 0.00 53.87
C67723/2 Invoice 08/20/2026 Cooler/Pail/Rags/Towels/Mold Remover/… 0.00 152.41 C67799/2 Invoice 08/20/2026 Key Rings/ID Key Ring/Padlock/Keyduplica… 0.00 142.80 C67918/2 Invoice 08/20/2026 Keyduplicate 0.00 5.43
C69160/2 Invoice 08/20/2026 Mortar Mix/Cement 0.00 528.94 C69396/2 Invoice 08/20/2026 Cement/Mortar Mix 0.00 528.94 C69488/2 Invoice 08/20/2026 Spray Paint 0.00 50.63
C69833/2 Invoice 08/20/2026 Bolt Eye/Ant Killer/Hooked Lopper 0.00 119.33 C69876/2 Invoice 08/20/2026 OSB Board 0.00 43.48
C69928/2 Invoice 08/20/2026 Rope 0.00 16.30
C70204/2 Invoice 08/20/2026 Bag of Ice 0.00 10.85
C70257/2 Invoice 08/20/2026 Clipcase/Magnet Mount 0.00 27.17 C70306/2 Invoice 08/20/2026 Tool Organizer/Paint/Tape/Hose Washer/… 0.00 81.50 C70482/2 Invoice 08/20/2026 Paint/Brush/Tape 0.00 69.57 C71231/2 Invoice 08/20/2026 Air Filter/Windshield Rain X/Gloves 0.00 32.16 4b.1
Check Report Date Range: 08/15/2026 - 08/28/2026
9/1/2026 10:36:40 AM Page 3 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount C71744/2 Invoice 08/20/2026 Steel Rebar 0.00 19.12
C71766/2 Invoice 08/20/2026 Welding Rods/Grinding Wheel 0.00 38.22 C71786/2 Invoice 08/20/2026 Gloves 0.00 52.18
C71859/2 Invoice 08/20/2026 Tape/Key Tool/Tool Hook 0.00 48.20 C72257/2 Invoice 08/20/2026 Paint 0.00 24.32
C72443/2 Invoice 08/20/2026 Keyduplicate 0.00 5.43
C72513/2 Invoice 08/20/2026 Dish Soap/Trash Bag/Cable Tie/Cell Case/… 0.00 77.02 C72847/2 Invoice 08/20/2026 Hats/Painters Tool Kit 0.00 85.87 X42041/2 Invoice 08/20/2026 Insect Killer Spray 0.00 51.16 **Void** 08/21/2026 Regular 0.00 0.00 310274
02653 CalMat Co. 08/21/2026 Regular 0.00 351.81 310275
2607-206579_2 Invoice 08/19/2026 Board/Stakes/Tool/Brush/Float/Trowel/Tw… 0.00 292.88 2607-208528 Invoice 08/19/2026 Steel Stakes 0.00 58.93
00467 DC Frost Associates Inc 08/21/2026 Regular 0.00 881.32 310276 45087 Invoice 08/19/2026 Screening Bags/Freight 0.00 881.32 00498 Desert Valley Power Systems 08/21/2026 Regular 0.00 2,163.00 310277 3894 Invoice 08/19/2026 Oil Service/Load Test/Cat 3412/WWTP 0.00 2,163.00 00499 Desert Veterinary Group 08/21/2026 Regular 0.00 243.95 310278 340649 Invoice 08/18/2026 Animal Control/Vet Services 0.00 243.95 01949 Diamond Environmental Services LP 08/21/2026 Regular 0.00 520.00 310279 0007139983 Invoice 08/19/2026 Rental Services/Restroom/Hand Wash 0.00 520.00 02423 Fluidyne Corporation 08/21/2026 Regular 0.00 6,410.81 310280 7677 Invoice 08/21/2026 Blower for grit removal system 0.00 6,410.81 02327 Garda CL West Inc. Lockbox #233209 08/21/2026 Regular 0.00 172.25 310281 20673883 Invoice 08/18/2026 Excess Items Shipped/July 2026 0.00 172.25 00720 GovConnection Inc 08/21/2026 Regular 0.00 8,061.96 310282 77887268 Invoice 08/19/2026 Computer Processor/Dell Pro Slim Plus 0.00 3,669.33 77891627 Invoice 08/19/2026 Secure Card Reader 0.00 4,392.63 01722 HD Supply, Inc. 08/21/2026 Regular 0.00 1,670.40 310283 INV01117172 Invoice 08/19/2026 Chlorine Flow Cell/Assembly Kit 0.00 1,670.40 00748 HDL Coren & Cone 08/21/2026 Regular 0.00 3,508.58 310284 SIN065702 Invoice 08/18/2026 Property Tax Analysis/July - September 20… 0.00 3,508.58 00820 Humane Society of Imperial County 08/21/2026 Regular 0.00 24,000.00 310285 07072026 Invoice 06/30/2026 HUM SOC APR-JUN 26 0.00 24,000.00 00807 Imperial Landfill Inc 08/21/2026 Regular 0.00 1,581.65 310286 4136-000023431 Invoice 08/19/2026 SW-Biosolids 0.00 1,581.65 00861 Jade Security Systems Inc 08/21/2026 Regular 0.00 181.95 310287 0234371 Invoice 06/30/2026 Monitoring Electronic Security System/Fin… 0.00 36.99 0237092 Invoice 08/19/2026 Monitoring Electronic Security System/Te… 0.00 104.97 0237145 Invoice 08/18/2026 Monitoring Electronic Security System/Fi… 0.00 39.99 02985 Johnny Davila 08/21/2026 Regular 0.00 100.00 310288 02985 Invoice 08/19/2026 Facility Requested/Pool Party/8/1/26 0.00 100.00 00979 K-C Welding Rentals Inc 08/21/2026 Regular 0.00 500.22 310289 55859 Invoice 08/19/2026 Safety Boots/D.Trevino/8/6/26 0.00 250.11 55860 Invoice 08/19/2026 Safety Boots/L.Garcia/8/6/26 0.00 250.11 01022 L.N. Curtis & Sons 08/21/2026 Regular 0.00 617.45 310290 CM49053 Credit Memo 06/30/2026 Leather Duty Boots 0.00 -1,077.50 INV1091012 Invoice 08/19/2026 Foam Concentrate 0.00 1,694.95 4b.1
Check Report Date Range: 08/15/2026 - 08/28/2026
9/1/2026 10:36:40 AM Page 4 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 01025 LaBrucherie Irrigation Supp LLC 08/21/2026 Regular 0.00 417.00 310291 333774 Invoice 08/19/2026 Marking Paint 0.00 50.83
336227 Invoice 08/19/2026 Cam Lock Adapter 0.00 9.07
336313 Invoice 08/19/2026 Valve Diaphragm 0.00 49.25
336644 Invoice 08/19/2026 Valve Diaphragm 0.00 49.25
336732 Invoice 08/19/2026 Pump W/Hose 0.00 49.69
336752 Invoice 08/18/2026 Complete Toilete/Two Piece 0.00 208.91 01095 Main Street Signs 08/21/2026 Regular 0.00 2,647.98 310292 51238 Invoice 08/19/2026 Post/Street Signs 0.00 2,647.98 01096 Mallory Safety & Supply LLC 08/21/2026 Regular 0.00 959.52 310293 6475496 Invoice 08/19/2026 Vests 0.00 42.09
6475504 Invoice 08/19/2026 Harness 0.00 912.43
6482553 Invoice 08/19/2026 Finance Charge 0.00 5.00
01183 McNeece Bros Oil Company 08/21/2026 Regular 0.00 177.42 310294 385409 Invoice 08/19/2026 Fuel 0.00 42.26
385442 Invoice 08/19/2026 Fuel 0.00 46.09
385449 Invoice 08/19/2026 Fuel 0.00 89.07
01279 NuCO2 08/21/2026 Regular 0.00 277.31 310295
84365952 Invoice 08/19/2026 Emergency Delivery Request/Carbon Dioxi… 0.00 277.31 01891 NV5 Inc 08/21/2026 Regular 0.00 450.00 310296
532603 Invoice 06/30/2026 Professional Services/June 30/Phase 55 0.00 450.00 01289 OK Rubber Tires 08/21/2026 Regular 0.00 51.53 310297 112818 Invoice 06/30/2026 Tire Repair/Unit 3911 0.00 51.53 01282 O'Reilly Auto Parts 08/21/2026 Regular 0.00 174.38 310298 2648-229541 Invoice 08/19/2026 Car Wash Soap/Cloth 0.00 15.42 2648-230393 Invoice 08/19/2026 Wrench 0.00 17.39
2648-231996 Invoice 08/19/2026 Battery/Truck 222 0.00 141.57 01340 Pitney Bowes Global Financial 08/21/2026 Regular 0.00 226.67 310299 3108016820 Invoice 08/19/2026 Postage Machine Lease/6/30/26 - 9/29/26 0.00 226.67 01351 Power Admin LLC 08/21/2026 Regular 0.00 360.00 310300 08122026J553 Invoice 08/19/2026 1 year support & maintenance renewal/8/… 0.00 360.00 01367 Psomas & Associates, Inc. 08/21/2026 Regular 0.00 3,745.00 310301 237709 Invoice 08/21/2026 ANNUAL WATER SHORTAGE ASSESSMENT… 0.00 3,745.00 01375 Quadient, Inc. 08/21/2026 Regular 0.00 69.93 310302 18136527 Invoice 08/18/2026 Impress Postage-Domestic Mail/Tiers 0.00 69.93 01379 R & K Air Conditioning 08/21/2026 Regular 0.00 3,456.57 310303 54464 Invoice 08/19/2026 Service/AC Units 0.00 793.95
54465 Invoice 08/19/2026 Repair Service/AC Unit/Server Room 0.00 2,662.62 01417 RDO Equipment Co 08/21/2026 Regular 0.00 178.00 310304 W8056443 Invoice 08/18/2026 Service Repair/Diagnostic Only/Mower 0.00 178.00 01426 Republic Services, Inc 08/21/2026 Regular 0.00 499.58 310305 0467-001787019 Invoice 08/19/2026 Biosolids Removal/Waste Containers/On C… 0.00 499.58 02381 Richard Zamora 08/21/2026 Regular 0.00 500.00 310306 08152026 Invoice 08/19/2026 DJ Services/Last Splash Pad/8/15/26 0.00 500.00 01443 Rick's Roadrunner Lock & Safe 08/21/2026 Regular 0.00 150.00 310307 24155 Invoice 06/30/2026 Door Handle Installation/Sr Center 0.00 150.00 01526 San Diego County RCS 08/21/2026 Regular 0.00 2,720.00 310308 27BRAWPDN01 Invoice 08/18/2026 Police Radios on the 800 MHz network/Jul… 0.00 2,496.00 4b.1
Check Report Date Range: 08/15/2026 - 08/28/2026
9/1/2026 10:36:40 AM Page 5 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 27BRAWPWN01 Invoice 08/19/2026 PW Radios on the 800MHz network/July 2… 0.00 224.00 01569 Shred-It 08/21/2026 Regular 0.00 79.03 310309
8014959887 Invoice 08/19/2026 Steri-safe Budget Subscription/Aug 2026 0.00 79.03 01596 Southern California Gas Co 08/21/2026 Regular 0.00 57.99 310310 7-26GasFD Invoice 06/30/2026 Natural Gas Consumption 6/10/26 - 7/10/… 0.00 38.25 7-26GasLiftStation Invoice 06/30/2026 Natural Gas Consupmtion 6/10/26 - 7/10/… 0.00 19.74 02078 Southwest Traffic Signal Service Co. Inc 08/21/2026 Regular 0.00 8,290.92 310311 85225 Invoice 08/21/2026 Street signal lights 0.00 8,290.92 01649 T-Mobile USA Inc 08/21/2026 Regular 0.00 2,388.63 310312 7-26TMobileBldng Invoice 08/19/2026 Ipad usage/Building Dep/6/21/26 - 7/20/26 0.00 63.00 7-26TMobileFD#2 Invoice 08/19/2026 Cellphone Usage/FD#2/6/21/26 - 7/20/26 0.00 45.72 7-26TMobilePW Invoice 08/19/2026 Ipad Usage/PW/6/21/26 - 7/20/26 0.00 126.62 969571611202512 Invoice 06/30/2026 On Call PD Cell Phone Usage/10/21/25 - 1… 0.00 2,153.29 01703 Tyler Technologies Inc 08/21/2026 Regular 0.00 6,120.38 310313 CI100-00304367 Invoice 08/21/2026 Tylertech Annual Time&Att Fee frm 9/1/26… 0.00 6,120.38 01709 Underground Service Alert of Southern CA 08/21/2026 Regular 0.00 173.66 310314 26-270109 Invoice 08/19/2026 Ca State Fee for Regulatory Costs 0.00 63.86 720260091 Invoice 08/19/2026 New Ticket Charges/Monthly Database Ma… 0.00 109.80 01732 Valley Pest Services Inc 08/21/2026 Regular 0.00 260.00 310315 14364318 MT Invoice 08/18/2026 Monthly Pest Control/Lion's Center 0.00 125.00 14365152 MT Invoice 08/18/2026 Monthly Pest Control/City Hall 0.00 50.00 14365153 MT Invoice 08/18/2026 Rodent Control/City Hall 0.00 85.00 01772 Waxie Sanitary Supply 08/21/2026 Regular 0.00 305.17 310316 83956274 Invoice 06/30/2026 Janitorial Supplies/FD#2 0.00 231.30 84045553 Invoice 08/18/2026 Janitorial Supplies/Lions Center 0.00 73.87 01780 Westair Gases & Equipment Inc 08/21/2026 Regular 0.00 575.36 310317 0080762016 Invoice 08/19/2026 Acetylene Cyl/Oxygen Medical USP 0.00 325.62 0080762017 Invoice 08/19/2026 Oxygen Medical USP 0.00 249.74 01802 Xerox Corporation 08/21/2026 Regular 0.00 413.94 310318 026141556 Invoice 08/19/2026 Meter Usage/Charges/Admin/6/30/26 - 7… 0.00 413.94 00002 360 Business Products 08/27/2026 Regular 0.00 115.35 310320 WO-51339-1 Invoice 08/25/2026 Batteries/Power Duster/Envelopes 0.00 115.35 00075 Allied Waste Services #467 08/27/2026 Regular 0.00 293,284.95 310321 0467-001784735 Invoice 06/30/2026 Solid Waste Services/June 2026 0.00 146,514.51 0467-001787908 Invoice 08/26/2026 Solid Waste Services/July 2026 0.00 146,770.44 00084 Alsco American Linen Div Steiner Corp 08/27/2026 Regular 0.00 206.65 310322 LYUM1979763 Invoice 08/25/2026 Cleaning Services/Supplies/PD 0.00 206.65 02816 April Hodgson 08/27/2026 Regular 0.00 33.23 310323 8-26Reimbursem… Invoice 08/26/2026 Walmart/Beverages/Last Splash Bash 0.00 33.23 00168 AT&T CalNet 08/27/2026 Regular 0.00 1,966.36 310324 4-26ATTCalnet2 Invoice 06/30/2026 Telephone Services/Various Depts/3/3/26 … 0.00 399.70 7-26ATTCalnet Invoice 08/26/2026 Telephone Services/Various Depts/6/20/2… 0.00 1,566.66 02715 BlueTriton Brands Inc 08/27/2026 Regular 0.00 2,454.71 310325 06H8730277760 Invoice 08/26/2026 Bulk Water/Cooler Rental/July 2026 0.00 2,454.71 00239 Brawley Police Sergeant's Asso 08/27/2026 Regular 0.00 450.00 310326 INV0008885 Invoice 08/21/2026 Union Dues 0.00 450.00
00240 Brawley Public Safety Employee 08/27/2026 Regular 0.00 1,800.00 310327 4b.1
Check Report Date Range: 08/15/2026 - 08/28/2026
9/1/2026 10:36:40 AM Page 6 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0008906 Invoice 08/21/2026 Union Dues 0.00 1,800.00
00287 California State Disbursement 08/27/2026 Regular 0.00 2,027.05 310328 INV0008872 Invoice 08/21/2026 Child Support Deductions 0.00 1,589.52 INV0008897 Invoice 08/21/2026 Child Support Deductions 0.00 437.53 00380 CMS Communications, Inc 08/27/2026 Regular 0.00 1,162.56 310329 2603027-IN Invoice 08/24/2026 Library Switch Replacement 0.00 1,162.56 02262 Daniel Castro 08/27/2026 Regular 0.00 349.99 310330 8-26Reimbursem… Invoice 08/26/2026 Tuition Reimburse/Cert. of Water Distr./D… 0.00 349.99 02191 Data Ticket Inc 08/27/2026 Regular 0.00 200.00 310331 197789 Invoice 08/25/2026 Code Enforcement/Payment Plan/SSN/M… 0.00 200.00 02826 Eloy Silvas 08/27/2026 Regular 0.00 137.70 310332 8-26Travel Invoice 08/26/2026 Travel Adv/Advanced Threat Assessment/… 0.00 68.85 8-26Travel2 Invoice 08/26/2026 Travel Adv/BTAPAS/8/26/26 0.00 68.85 00571 Employment Development Dept 08/27/2026 Regular 0.00 75.00 310333 INV0008888 Invoice 08/21/2026 Earnings Withholding 0.00 75.00 00629 Federal Express Corp 08/27/2026 Regular 0.00 53.63 310334 9-412-04008 Invoice 08/25/2026 Postage/PD 0.00 53.63
00647 Fire Service Corp 08/27/2026 Regular 0.00 1,385.82 310335 26M 962070 Invoice 08/24/2026 Fire Extinguisher Maintenance 0.00 713.13 26M 962071 Invoice 08/24/2026 Fire Extinguisher Maintenance 0.00 672.69 00660 Franchise Tax Boards State Of California 08/27/2026 Regular 0.00 1,416.55 310336 INV0008887 Invoice 08/21/2026 Earnings Withholding 0.00 1,026.55 INV0008908 Invoice 08/21/2026 Earnings Withholding 0.00 390.00 00748 HDL Coren & Cone 08/27/2026 Regular 0.00 795.00 310337 SIN066789 Invoice 06/30/2026 2025-26 ACFR Statical Package 0.00 795.00 00799 Imperial County Sheriff Civil Division 08/27/2026 Regular 0.00 50.00 310338 INV0008873 Invoice 08/21/2026 Earnings Withholdings 0.00 50.00 00805 Imperial Irrigation District 08/27/2026 Regular 0.00 87,234.19 310339 7-26IIDBestRd Invoice 08/26/2026 Power Bill/Various Depts 0.00 87,234.19 00805 Imperial Irrigation District 08/27/2026 Regular 0.00 26,388.71 310340 7-26Canal/WtrM… Invoice 08/26/2026 Canal Water/Manfield/July 2026 0.00 16,528.00 7-26Canal/WtrO… Invoice 08/26/2026 Canal Water/OKY 100-001/July 2026 0.00 248.00 7-26IIDStreetLigh…Invoice 08/26/2026 StreetLights/7/9/26 - 8/6/26 0.00 9,612.71 00805 Imperial Irrigation District 08/27/2026 Regular 0.00 18,423.84 310341 7-26IIDBestRd2 Invoice 08/27/2026 Power Bill/Account 45147/7/8/26 - 8/5/26 0.00 18,423.84 00861 Jade Security Systems Inc 08/27/2026 Regular 0.00 1,529.99 310342 0234317 Invoice 06/30/2026 Monitoring Electronic Fire System/FD#2 0.00 64.99 0236977 Invoice 08/25/2026 Access Control/Chief's Door/FD#2 0.00 1,465.00 02831 Jonathan Pacheco 08/27/2026 Regular 0.00 1,377.00 310343 8-26Travel Invoice 08/26/2026 Travel Adv/Man K9 Academy/Aug 10-13 0.00 275.40 8-26Travel2 Invoice 08/26/2026 Travel Adv/Man K9 Academy/Aug 17-20 0.00 275.40 8-26Travel3 Invoice 08/26/2026 Travel Adv/Man K9 Academy/Aug 24-27 0.00 275.40 8-26Travel4 Invoice 08/26/2026 Travel Adv/Man K9 Academy/Aug31-Sep3 0.00 275.40 8-26Travel5 Invoice 08/26/2026 Travel Adv/Man K9 Academy/Sep 7-10 0.00 275.40 00979 K-C Welding Rentals Inc 08/27/2026 Regular 0.00 310.84 310344 230504 Invoice 08/25/2026 Safety Boots/Gary Martinez/7/25/26 0.00 270.61 55920 Invoice 08/25/2026 Chain 0.00 40.23
02251 Kimberly D. Turner 08/27/2026 Regular 0.00 999.00 310345 4b.1
Check Report Date Range: 08/15/2026 - 08/28/2026
9/1/2026 10:36:40 AM Page 7 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount 8757 Invoice 08/26/2026 Communications Training Officer/Course… 0.00 999.00 01022 L.N. Curtis & Sons 08/27/2026 Regular 0.00 6,978.28 310346 INV1065194 Invoice 06/30/2026 Compressor Repair 0.00 604.43 INV1069045 Invoice 06/30/2026 Rope Bag/CMC Equipment 0.00 229.03 INV1069050 Invoice 06/30/2026 System Aztek ProSeries 0.00 577.78 INV1070844 Invoice 06/30/2026 Water Fire Extinguisher 0.00 1,002.38 INV1072055 Invoice 06/30/2026 Tactical Pant/Duty Boots 0.00 580.50 INV1073701 Invoice 06/30/2026 Tactical Pants 0.00 558.45 INV1074052 Invoice 06/30/2026 CMC Equipment/Stretcher Tapered 0.00 1,247.91 INV1074985 Invoice 06/30/2026 Firefighting Foam/5Gal 0.00 2,177.80 01025 LaBrucherie Irrigation Supp LLC 08/27/2026 Regular 0.00 54.35 310347 336956 Invoice 08/25/2026 Riser Extender/Valve 0.00 54.35 01311 Packers Mini Storage 08/27/2026 Regular 0.00 126.50 310348 9-26Storage Invoice 08/24/2026 Storage Unit B209/Sep 2026 0.00 126.50 01341 Pitney Bowes Inc 08/27/2026 Regular 0.00 200.00 310349 8-26Postage/PD Invoice 08/25/2026 Postage/PD 0.00 200.00 02135 Samantha Leon 08/27/2026 Regular 0.00 100.00 310350 8-26Refund Invoice 08/25/2026 Facility Requested/Birthday/8/13/26 0.00 100.00 02328 SD Electric and Hvac/R Inc 08/27/2026 Regular 0.00 3,726.00 310351 1787 Invoice 08/25/2026 Repair Service/HVAC System/Lions Center 0.00 3,726.00 01596 Southern California Gas Co 08/27/2026 Regular 0.00 248.34 310352 8-26GasComSrvcs Invoice 08/25/2026 Natural Gas Consumption/7/8/26 - 8/7/26 0.00 89.38 8-26GasFD#1 Invoice 08/24/2026 Natural Gas Consumption/7/10/26 - 8/10/… 0.00 37.72 8-26GasPD Invoice 08/25/2026 Natural Gas Consumption/7/10/26 - 8/11/… 0.00 28.94 8-26GasPool Invoice 08/25/2026 Natural Gas Consumption/7/8/26 - 8/7/26 0.00 14.79 8-26GasSrCenter Invoice 08/25/2026 Natural Gas Consumption/7/10/26 - 8/11/… 0.00 77.51 01924 Spectrum 08/27/2026 Regular 0.00 169.99 310353
189457801070726 Invoice 08/24/2026 Internet Service/FD#1/7/8/26 - 8/7/26 0.00 169.99 01658 Teamsters Local #542 08/27/2026 Regular 0.00 1,121.00 310354 INV0008886 Invoice 08/21/2026 Union Dues 0.00 1,121.00
01732 Valley Pest Services Inc 08/27/2026 Regular 0.00 175.00 310355 14364321 MT Invoice 08/25/2026 Monthly Pest Control/Sr Center 0.00 75.00 14365148 MT Invoice 08/25/2026 Monthly Pest Control/City Council 0.00 50.00 14365149 MT Invoice 08/25/2026 Monthly Pest Control/PD 0.00 50.00 01738 Verizon Wireless 08/27/2026 Regular 0.00 2,093.72 310356 6150409456 Invoice 08/26/2026 Cell Phone Services/PD/7/7/26 - 8/6/26 0.00 1,148.40 6150409458 Invoice 08/26/2026 Cell Phone Services/FD/7/7/26 - 8/6/26 0.00 157.04 6150409459 Invoice 08/26/2026 Cell Phone Services/Admin/7/7/26 - 8/6/26 0.00 116.94 6150409460 Invoice 08/26/2026 Cell Phone Services/Library/7/7/26 - 8/6/… 0.00 38.98 6150409461 Invoice 08/26/2026 Cell Phone Services/Parks&SrCenter/7/7/… 0.00 278.12 6150409462 Invoice 08/26/2026 Cell Phone Services/Building/7/7/26 - 8/6/… 0.00 78.99 6150409463 Invoice 08/26/2026 Cell Phone Services/City Council/7/7/26 - … 0.00 194.90 6150409464 Invoice 08/26/2026 Cell Phone Services/Finance/7/7/26 - 8/6/… 0.00 80.35 01766 W.W. Grainger Inc 08/27/2026 Regular 0.00 2,581.46 310357 9036997519 Invoice 08/25/2026 Emergency & Safety Signs 0.00 2,581.46 01772 Waxie Sanitary Supply 08/27/2026 Regular 0.00 258.37 310358 84065613 Invoice 08/25/2026 Janitorial Supplies/Sr Center 0.00 258.37 00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 45.02 DFT0005887 INV0008847 Invoice 07/10/2026 Federal Taxes 0.00 45.02
00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 5.94 DFT0005888 4b.1
Check Report Date Range: 08/15/2026 - 08/28/2026
9/1/2026 10:36:40 AM Page 8 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0008848 Invoice 07/10/2026 Medicare Taxes 0.00 5.94
00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 25.38 DFT0005889 INV0008849 Invoice 07/10/2026 Social Security Taxes 0.00 25.38 00571 Employment Development Dept 08/26/2026 Bank Draft 0.00 20.94 DFT0005890 INV0008850 Invoice 07/10/2026 State Taxes 0.00 20.94
00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 3.28 DFT0005897 INV0008851 Invoice 07/24/2026 Federal Taxes 0.00 3.28
00571 Employment Development Dept 08/26/2026 Bank Draft 0.00 3.61 DFT0005900 INV0008852 Invoice 07/24/2026 State Taxes 0.00 3.61
00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 74.22 DFT0005907 INV0008857 Invoice 07/10/2026 Federal Taxes 0.00 74.22
00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 17.94 DFT0005908 INV0008858 Invoice 07/10/2026 Medicare Taxes 0.00 17.94 00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 76.70 DFT0005909 INV0008859 Invoice 07/10/2026 Social Security Taxes 0.00 76.70 00571 Employment Development Dept 08/26/2026 Bank Draft 0.00 33.05 DFT0005910 INV0008860 Invoice 07/10/2026 State Taxes 0.00 33.05
00031 Aflac Inc 08/21/2026 Bank Draft 0.00 5.14 DFT0005928 INV0008867 Invoice 08/21/2026 Cancer/ICU/Disability Withheld 0.00 5.14 00031 Aflac Inc 08/21/2026 Bank Draft 0.00 1,046.92 DFT0005929 INV0008868 Invoice 08/21/2026 Cancer/ICU/Disability Withheld 0.00 1,046.92 00031 Aflac Inc 08/21/2026 Bank Draft 0.00 977.12 DFT0005930 INV0008869 Invoice 08/21/2026 Cancer/ICU/Disability Withheld 0.00 977.12 01255 National Plan Coordinators 08/21/2026 Bank Draft 0.00 2,125.00 DFT0005935 INV0008876 Invoice 08/21/2026 Def Compensation/Plan #340233-01 0.00 2,125.00 01257 Nationwide Retirement Solution 08/21/2026 Bank Draft 0.00 1,485.00 DFT0005936 INV0008877 Invoice 08/21/2026 Def Compensation/Entity #05270 0.00 1,485.00 00233 Brawley Firefighters Local #19 08/21/2026 Bank Draft 0.00 850.00 DFT0005943 INV0008884 Invoice 08/21/2026 Union Dues Fire Assoc 0.00 850.00 00836 Internal Revenue Service 08/21/2026 Bank Draft 0.00 32,287.67 DFT0005944 INV0008889 Invoice 08/21/2026 Federal Taxes 0.00 32,287.67 00836 Internal Revenue Service 08/21/2026 Bank Draft 0.00 12,622.42 DFT0005945 INV0008890 Invoice 08/21/2026 Medicare Taxes 0.00 12,622.42 00836 Internal Revenue Service 08/21/2026 Bank Draft 0.00 53,971.48 DFT0005946 INV0008891 Invoice 08/21/2026 Social Security Taxes 0.00 53,971.48 00571 Employment Development Dept 08/21/2026 Bank Draft 0.00 13,441.43 DFT0005947 INV0008892 Invoice 08/21/2026 State Taxes 0.00 13,441.43 00031 Aflac Inc 08/21/2026 Bank Draft 0.00 302.24 DFT0005948 INV0008893 Invoice 08/21/2026 Cancer/ICU/Disability Withheld 0.00 302.24 00031 Aflac Inc 08/21/2026 Bank Draft 0.00 302.00 DFT0005949 INV0008894 Invoice 08/21/2026 Cancer/ICU/Disability Withheld 0.00 302.00 01255 National Plan Coordinators 08/21/2026 Bank Draft 0.00 220.00 DFT0005954 INV0008900 Invoice 08/21/2026 Def Compensation/Plan #340233-01 0.00 220.00 00836 Internal Revenue Service 08/21/2026 Bank Draft 0.00 6,168.65 DFT0005960 4b.1
Check Report Date Range: 08/15/2026 - 08/28/2026
9/1/2026 10:36:40 AM Page 9 of 10
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Payable # Payable Type Post Date Payable Description Discount Amount Payable Amount INV0008909 Invoice 08/21/2026 Federal Taxes 0.00 6,168.65 00836 Internal Revenue Service 08/21/2026 Bank Draft 0.00 3,282.98 DFT0005961 INV0008910 Invoice 08/21/2026 Medicare Taxes 0.00 3,282.98 00836 Internal Revenue Service 08/21/2026 Bank Draft 0.00 14,037.42 DFT0005962 INV0008911 Invoice 08/21/2026 Social Security Taxes 0.00 14,037.42 00571 Employment Development Dept 08/21/2026 Bank Draft 0.00 2,614.61 DFT0005963 INV0008912 Invoice 08/21/2026 State Taxes 0.00 2,614.61 00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 9.49 DFT0005966 INV0008915 Invoice 08/21/2026 Federal Taxes 0.00 9.49
00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 2.66 DFT0005967 INV0008916 Invoice 08/21/2026 Medicare Taxes 0.00 2.66
00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 11.36 DFT0005968 INV0008917 Invoice 08/21/2026 Social Security Taxes 0.00 11.36 00571 Employment Development Dept 08/26/2026 Bank Draft 0.00 5.47 DFT0005969 INV0008918 Invoice 08/21/2026 State Taxes 0.00 5.47
00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 480.62 DFT0005973 INV0008922 Invoice 08/21/2026 Federal Taxes 0.00 480.62 00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 168.66 DFT0005974 INV0008923 Invoice 08/21/2026 Medicare Taxes 0.00 168.66 00836 Internal Revenue Service 08/26/2026 Bank Draft 0.00 721.14 DFT0005975 INV0008924 Invoice 08/21/2026 Social Security Taxes 0.00 721.14 00571 Employment Development Dept 08/26/2026 Bank Draft 0.00 267.90 DFT0005976 INV0008925 Invoice 08/21/2026 State Taxes 0.00 267.90
Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code US Bank Summary
Bank Drafts
EFT's
91 0
1 35
18 0.00

0.00 0.00

0.00 0.00
145 0.00
Payment
570,873.64

0.00 0.00
147,713.46
1,261,384.92
1,979,972.02
Payable
Count
194
0 0
35 30
259
4b.1
Check Report Date Range: 08/15/2026 - 08/28/2026
9/1/2026 10:36:40 AM Page 10 of 10
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
91 0
1 35
18 0.00

0.00 0.00

0.00 0.00
145 0.00
570,873.64

0.00 0.00
147,713.46
1,261,384.92
1,979,972.02
194
0 0
35 30
259
Fund Name Period Amount
Fund Summary
999 POOLED CASH 8/2026 1,979,972.02
1,979,972.02
4b.1
9/1/2026 10:40:16 AM Monthly Transaction Report Page 1 of 1 City of Brawley
Monthly Transaction Report
Date Range: 8/15/2026 - 8/28/2026
Account Number Name Date
Adj
Type Amount Reference Packet Receipt Type
8/19/2026 Refund 1,036.96 Check #: 310265 UBPKT10862
Revenue Code Current Plus 1 Plus 2 Plus 3 Plus 4 Balance 01-4145-02 BUNKER, CRAIG
996 -138.60 1,175.56 0.00 0.00 0.00 1,036.96
Aging Total: -138.60 1,175.56 0.00 0.00 0.00 1,036.96
8/24/2026 Refund 420.00 Check #: 310319 UBPKT10888
Revenue Code Current Plus 1 Plus 2 Plus 3 Plus 4 Balance 01-0983-01 GARCIA, ALBERTO
996 0.00 0.00 420.00 0.00 0.00 420.00
Aging Total: 0.00 0.00 420.00 0.00 0.00 420.00
Transaction Grand Total for Period: 1,456.96
Transaction Type Count Amount
Totals by Transaction Type
Refund 2 1,456.96
Total for Period: 2 1,456.96
Transaction Type Count Amount
Totals by Transaction Type and Revenue Code
Revenue Code
Refund
996 - 996 6 1,456.96
Refund Total: 1,456.96
Total for Period: 6 1,456.96
Count Amount
Totals by Revenue Code
Revenue Code
996 - 996 6 1,456.96
Total for Period: 6 1,456.96
4b.2
City of Brawley
City Council
September 15, 2026
Agenda Item No 4c

STAFF REPORT
To: City Council
From: Rebecca Terrazas-Baxter, City Manager
Prepared by: Rebecca Terrazas-Baxter, City Manager
Subject: Ratification of Fifth Amendment to Solid Waste Disposal and Recycling Franchise Agreement with Republic Services of Imperial
RECOMMENDATION:

Staff recommends that the City Council ratify the Fifth Amendment to the Solid Waste Disposal and Recycling Franchise Agreement with Allied Waste Transportation, Inc. dba Republic Services of Imperial, extending the term of the Fourth Amendment (which expired August 31, 2026) until December 31, 2026, to allow continued negotiations for a restated agreement.

BACKGROUND INFORMATION:

The City of Brawley has an exclusive franchise agreement with Republic Services of Imperial for solid waste and recycling services, originally executed August 10, 2006, and amended four times since.

The Fourth Amendment expired August 31, 2026. Negotiations for a comprehensive, restated agreement are ongoing but will not be completed before the expiration date.

The City Council did not have a meeting scheduled prior to the expiration of the Fourth Amendment.

To ensure uninterrupted service and compliance, the Fifth Amendment was executed by the City Manager, subject to Council ratification at the September 15 meeting.

The Fifth Amendment extends the franchise agreement from August 31, 2026, to December 31, 2026, providing additional time for negotiations. All other terms and conditions of the existing agreement remain in full force and effect unless specifically amended. The amendment was executed by the City Manager due to timing constraints and requires Council ratification to become valid and binding.

FISCAL IMPACT:

There is no immediate fiscal impact associated with the extension. Any changes resulting from the restated agreement will be brought to Council for review and approval.

ALTERNATIVES:

1. Approve the Fifth Amendment - ratify the amendment to extend the franchise agreement through December 31, 2026, ensuring uninterrupted solid waste and recycling services while negotiations continue.
4c

2. Request Changes - direct staff to seek revisions to the amendment. This may delay ratification and leave the City without an active agreement since the prior amendment expired August 31, 2026.

3. Do Not Approve - decline ratification, resulting in the franchise agreement remaining expired and creating service continuity and operational risks.

ATTACHMENTS:

1. Fifth Amendment to Solid Waste Disposal and Recycling Franchise Agreement

2. Fourth Amendment to Solid Waste Disposal and Recycling Franchise Agreement

3. Third Amendment to Solid Waste Disposal and Recycling Franchise Agreement

4. Second Amendment to Solid Waste Disposal and Recycling Franchise Agreement

5. First Amendment to Solid Waste Disposal and Recycling Franchise Agreement

6. Allied Waste-Republic Solid Waste Franchise Agreement 8-10-06 REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
William Smerdon, City Attorney, ,
Ana Gutierrez, Acting Public Works Operations Manager, , REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Marcela Tapia, Interim Finance Director Approved - 9/10/2026 Rebecca Terrazas-Baxter, City Manager Approved - 9/10/2026 4c
4c.1
4c.1

FOURTH AMENDMMENT TO SOLID WASTE DISPOSAL AND RECYCLING

FRANCHISE AGREEMENT
This FOURTH AMENDMENT TO SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AREEMENT (" Fourth Amendment") is entered into as of December 22, 2021, by and between the CITY OF BRAWLEY, a municipal corporation of the State of California (" City") and ALLIED WASTE TRANSPORTATION, INC., a Delaware corporation, dba ALLIED WASTE SERVICES OF IMPERIAL Allied"), with reference to the following recitals:

Recitals
A. The City of Brawley is a general law city within the meaning of the California Constitution and has reserved its power pursuant to California Public Resources Code Section 40000 et seq. to grant an exclusive Solid Waste and Recycling franchise.

B. Allied Waste Transportation Services, Inc., ("Allied") is the correct corporate name for the company designated as " Allied Waste Services, Inc." in the Franchise Agreement. Allied is a wholly owned subsidiary of Republic Services, Inc.

C. On August 10, 2006, the City granted Allied an exclusive franchise to collect and dispose of Solid Waste and Franchised Recyclables from Residential, Commercial and Industrial sites within the City (" Franchise" or " Agreement"). The City Council adopted Amendment No. 1 to the Franchise Agreement on October 1, 2013. The City Council adopted Amendment No. 2 to the Franchise Agreement on February 18, 2014. The City Council adopted Amendment No. 3 to the Franchise Agreement on September 16, 2016.

D. The City and Allied wish to enter into this Fourth Amendment to the Franchise Agreement for the purpose of amending Section 7. 3 of the Franchise Agreement by adopting a more indicative index for the purpose of establishing annual rate adjustments.

Amendment to Franchise
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City and Allied agree that:

1. Section 7.3. 1a of the Franchise reads:

Maximum Rates for Residential, Commercial, Institutional, Industrial/ Rolloff noted in Exhibit G shall be increased each annual anniversary by an amount equal to the product of the previous year' s Maximum Rate multiplied by the percentage increase in the Consumer Price Index (" CPI") for All Urban Consumers ( CPI - U) for the Western Urban Area, Size B/ C as 4c.2
published by the United States Department of Labor, Bureau of Labor Statistics for the latest twelve- month period for which statistics are available. The CPI rate of October 1st of each year shall go into effect on January 1St for the contract year going forward.

2. Section 7. 3. 1a shall be amended to read:

Maximum Rates for Residential, Commercial, Institutional, Industrial/ Rolloff noted in Exhibit G shall be increased each annual anniversary by an amount equal to the product of the previous year' s Maximum Rate multiplied by the percentage increase in the Consumer Price Index for Water and Sewer and Trash Collection Services published by the United States Department of Labor, Bureau of Labor Statistics for the latest twelve- month period for which statistics are available. The CPI rate in October of each year shall go into effect on January 1St for the contract year going forward. Notwithstanding any change in the foregoing CPI, the Maximum Rates for Residential, Commercial, Institutional, Industrial/ Rolloff noted in Exhibit G shall not be increased more than four percent (4%) at any one annual anniversary.

3. Except as expressly amended herein, all other terms and conditions of the Franchise shall remain in full force and effect.

Date: I 42- 0
CITY: City of Brawley, California
a Municipal Corporation
Sam Couchman, Mayor
ATTEST:

By:

Alma Benavides, City Clerk
ALLIED: Allied Waste Transportation, Inc.
a Delaware Corporation, dba Allied Waste
Service of Imperial
St

APPROVED S
P!a. cfo. k
O FORM:

By:

WI ` • ;T . Smerdon, City Attorney
4c.2
Rum
t
00 REPUBLIC

COI SERVICES
December 1, 2021
Tyler Salcido
City Manager
City of Brawley
383 Main St
Brawley, CA 92227
Enclosed you will find our proposal for a rate adjustment based on our agreement with the City, as we attempt to navigate the increased industry costs while attempting to keep the rates reasonable to the City.

Per Section 7. 3 of the Solid Waste Disposal and Recycling Franchise Agreement between the City ofBrawley and Republic Services, we are proposing a switch to a more normalized and indicative index to adjust the City' srates. Currently the rate adjustment is based on 12 -month CPI change ( October October) supplied by the Department of Labor Statistics. The current U. S. City Average for all Urban Consumers, Size B/ C is 6.3%. However, the Company thinks a more indicative index to use is the Water and Sewer and Trash Collection Services indecies which has a 12 - month percentage change of 3.7% and are proposing we switch to the index, effective January 1, 2022 and all subsequent years of the agreement.

As a good community member and business partner, we value the relationship with the City and see it as a priviledge to provide the residents with trash collection services and street sweeping. If you have any questions or would like discuss further, please feel free to call me at ( 760) 337- 2412.

Sincerely,
George ay or
Operations Manager
gtaylor@republicservices. com
Attachments ( table 4 & table 2 CPI index)
4c.2
U. S. BUREAU OF LABOR STATISTICS
Bureau of Labor StM. slits f ECo nom c News Release) Consumer Price: ndex Economic News Release CPI PIMP'
Table 4. Consumer Price Index for All Urban Consumers ( CPI -U): Selected areas, all items index
Table 4. Consumer Price Index for Ail Urban Consumers ( CPI -U): Selected areas, all items Index, October 2021 1982. 84- 100. unless otherwise noted]
Percentd+anpe to Oct 2021 Prom: Percent change to Sep. 2021 from; Pricing Oct. Aug. Sep. Sep. 3u1. Aug. Area Schedule( 1) 2020 2021 2021 2020 2021 2021 U. S. city average M 6. I 1. 0. 8 5. 4 0. 5 0. 3
Region and area size( a)
Northeast M 5. 4 0. 9 0. 6 46 0. 4 0. 3
Northeast - Size class A M 4. 7 0. 8 03 4. 1 03 0. 4
Northeast - Size Class B/ C( a) M 6. 4 1. 0 0. 8 5. 2 0. 4 0. 2 New England( 1) M 5. 6 0. 9 0. 9 4. 1 0. 2 0.

Middle Atiantlg4) M 5. 4 0. 9 0. 5 4. 7 0. 5 0. 4
Midwest M 6. 1. 0 0. 8 5. 7 0. 4 0. 2
Midwest - Size Class A M 5. 8 1. 0. 8 5. 0 0. 4 0. 3
Midwest - Size pass B/ CJ) M 7. 1 1. 0 0. 8 6. 2 0. 4 0. 2 East North Central( i MS 6. 3 1. 0. 9 5. 4 0. 3 0. 2
West North Centraiw M 7. 3 1. 0 0. 7 6. 5 0. 7 0. 3
South M 6. 1. 3 1. 0 5. 8 0. 6 0. 3
South - Size Class A M 6. 2 1. 3 0. 9 5. 3 0. 7 0. 3
South - Size Class B/ Cd) M 6. 9 1. 3 1. 0 6. 0 0. 5 0. 3 South Atlantic( s) M 6. 5 1. 4 1. 0 5. 6 0. 8 0. 4
East South Centrak4) M 7. 2 1. 0 0. 9 6. 0. 1 0. 1
West South Ceetraf( 51 P4 6. 1. 2 0. 9 5. 7 0. 5 0. 2
West 4 6. 0 1. 0 0. 8 5. 3 0. 4 0. 2
West - Size Class A M 5. 7 1. 0 0. 9 5. 0 0. 4 0. 2
West - Size Class B/ C( a) M 6. 3 1. 0 0. 7 5. 7 0. 4 0. 3 MountalnM) r4 7. 0 1. 3 1. 0 6. 0 0. 5 0. 3
Pacified) P4 5. 6 0. 9 0. 7 5. 0 0. 4 0. 2
Size classes
Size Class Ad)
Size Class B/ Ccal
Selected local areas
M
M

5. 6 1. 0. 8 4. 8 0. 5 0. 3

6. 7 1. 0. 9 5. 9 0. 5 0. 3
Chicago- Napervllla- Elgin, IL -IN -WI M 5. 3 1. 0 0. 7 4. 5 0. 4 0. 3 Los Angeles - Long Beach - Anaheim, CA M S. 4 1. 2 0. 9 4. 6 0. 5 0. 3 New York- Newark- 3ersey City, NY-3• PA M 4. 3 0. 9 0. 3 3. 8 0. 7 0. 5 Footnotes
Foods, fuels, and several other items are priced every month in all areas. Most other goods and services are priced as Indicated: M - Every month. 1 • January, Mardi, May, July, September. and November. 2 • February, April, June, August, October, and December. 2). Regions defined as the four Census reglsns.

LIndexes on a December 1996.00 base.
4)_ indexes on a December 2017 - 100 base.
indexes on a December 1986=00 base,
111998 - 2017 indexes based on substantially smaller sample Q]. lndexes on a December 2001100 base.
fillndexes on a 1987=00 base.

NOTE: local area indexes are byproducts of the national CPI program. Each local index has a smaller sample size than the national index and is, therefore, subject to substanually more sampling and other measurement error. As a result, local area :ndexes show greater volatility than the national index, akhough their long- term trends are similar. Therefore, the Bureau of Labor Statistics strongly urges users to consider adopting the national average CPI for use in their escalator clauses.
112
4c.2
Percent change to Oct. 2021 from Pasant change to Sep. 2021 from:

Pricing Oct. Aug. Sep. Sep. Jul. Aug.

Area 5chedtdel3! 2020 2011 2021 2020 2011 2021
Atlanta -Sandy Springs -Roswell, GA 2 7. 9 1. 5
Baltimore- CMumbla- Towson, MDill 2 6. 3 23
Detroit -Warren -Dearborn, MI 2 5. 1. 2
Houston - The Woodlands - Sugar Land, TX 2 6. 1 1.

Miami - Fort Lauderdale - West Palm Beach, FL 2 5. 7 1. 5 Philadelphla- Camden- Wilmington, PA -N3 - DE -MD 2 5. 6 1. 0 Phoenix - Mesa -Scottsdale, AZtr) 2 7. 1 2.

San Francisco - Oakland -Hayward, CA 2 3. 8 0. 7
Seattle - Tacoma - Bellevue, WA 2 6. 5 1.

St. Louts, MOIL 2 7. 5 0. 6
Urban Alaska 2 6. 3 1. 2
Boston -Cambridge - Newton, MA -NH 1 4. 0 - 0. 1
Dallas - Fort Worth -Arlington, TX 1

5. 9 0. 6
Denver -Aurora - Lakewood, CO 1 4. 5 0. 3
MInneapolls- St. Paul- BlaomIngton, MN -WI 1

5. 4 1.

Riverside -San Bernardino- Ontarto, CAti) 1 6. 8 0. 8
San Diego -Carlsbad, CA 1 6. 5 0. 1
Tampa -St. Petersburg -Clearwater, Ftka) 1

6. 1 1. 0
Urban Hawaii 1 5. 0 1. 0
Washington- Arlington- Alexendrle, DC - VA -MD -Min 1 4. 5 0. 7 Footnotes
1) (roods, fuels, and several other items are priced every month in all areas. Most other goods and services are priced as Indicated: M - Every month. 1 • January, Mardi, May, July, September, and November. 2 - February, April, : une, August, October. and December, atRegions defined as the four Census regions.
3). 1ndeces on a December 1996=00 base.
9) indexes on a December 2017. 100 base.
1), trWexes on a December 1986=00 base.
11,998 - 2017 indexes based on substantially sma4er sample.

Z) Jndexes on a December 2001= 10 base.

Windexes on a 1987=00 base.

NOTE: Local area indexes are byproducts of the national CPI program. Each local index has a smaller sample size than the national index and rs, therefore, subject to substantially more sampling and other measurement error. As a result, local area . ndexes show greater volatility than the nat onal Index, although their long- term trends are simHar. Therefore, the Bureau of Labor Statistics strongly urges users to consider adopting the national average CPI for use in their escalator dauses.
libliudrantitob
Last Modified Dab: November 10, 2021
U. S BUREAU OF LABOR STATISTICS Division of Consumer Prices and Price Indexes Suite 3130 2 Massachusetts Avenue NE Washington, DC 20212- 0001
Telephone: 1202 691 7000. wnw. lifs gov/ CPl Contact CPI 4c.2
U. S. BUREAU OF LABOR STATISTICS
Bureau of Labor Stet sloes ) Economic News Release) Consumer Price ! ride' Economic News Release
Table 2. Consumer Price Index for All Urban Consumers ( CPI -U): U. S. city average, by detailed expenditure category
reNr
Table 2. Consumer Price Index for All Urban Consumers (CPI -U): U. S. city average, by detailed expenditure category, October 2021
1982- 84= 100, unless otherwise noted] )
Unadjusted Seasonally adjusted
percent change percent c nge
Relative Oct. Sep. Jul. Aug. sap.

Impertanoe 2020. 2021- 2021- 2021- 2021-
Expenditure category 2021 2021
Oct
2021 2021Aug. 20 20Oe2 1
All items 100. 00 6. 2 0. 8 0. 3 0. 4 0. 9
Food 13. 977 5. 3 1. 0 0. 4 0. 9 0. 9
Food at home 7. 716 5. 4 1. 0. 4 1. 2 1. 0
Cereals and bakery products 0. 979 3. 5 0. 9 0. 1. 1. 0 Cereals and cereal products 0. 296 3. 1 1. 3 0. 3 0. 6 1. 6 Flour and prepared flour mixes 0.42 5. 0 - 0. 1 2. 0 1 1 2. 0 Breakfast cereal( 11 0. 136 4. 3 3. 0. - 0. 3 3.

Bice, pasta, cornmeal 0. 119 1. 0 0.3 - 0. 5 1. 6 0.

Rice( lWW 0. 7 0. 0. 3 0. 5 0.

Bakery products( 1I 0. 682 3. 6 0, 7 03 1. 5 0. 7
8read( U(. t) 0. 194 2. 3 0. 8 0. 1 1. 8 0. 8
Whitebread( 1Hll 1. 3 0. 6 - 0. 5 2. 5 0. 6
Bread other than white( 1)( 3) 3. 2 1. 0. 2 1. 2 1.

Fresh biscuits, rolls, muffins( l) 0. 100 4. 8 0. 2 1. 8 3. 7 - 0. 1 Cakes, cupcakes, and cookiex( i) 0. 174 2. 7 - 0. 1 0. 1 0. 4 - 0. 1 Cookiesww - 0. 2 - 0. 6 0. 1 0. 3 - 0. 6
Fresh cakes and cupcakes( 1)( 3) 6. 0. 7 - 0. 6 0. 7 0. 7 Other bakery products 0. 214 5. 2 1. 5 - 0. 3 1. 2 1. 7 Owners' equivalent rent of primary residence() 22. 408 3. 1 0. 5 0. 3 0. 4 0. 4 Tenants' and household Insurance(!) 0. 346 0. 4 - 0. 3 - 0. 2 0. 3 - 0. 3 fWater and sewer and trash collection services( 1) 1. 081 3. 7 0. 2 0. 3 0. 5 0. 2 Water and sewerage maintenance 0. 787 3. 1 0. 3 0. 2 0. 2 0. 3 Garbage and trash collectlonW( 14) 0 294 5. 3 0. 0. 6 1. 0.

Household operations(; 1(2) 0. 893 6. 9 0. 5 0. 7 - 0. 2 0. 5 Domestic servicesux2) 0. 302 7. 5 0. 1 0. 9 - 2. 3 0. 1 Gardening and lawncare servlces( ii(2 0.301 1. 0. 5 1.9 1.

Moving, storage, freight expense( 1)(a) 0.96 7. 9 - 2 2 1. 7 - 0. 8 - 2.

Repair of household items( 1x2)
Medical care services 7. 024 1. 7 0. 5 0. 3 - 0. 1 0. 5 Professional services 3. 578 2. B 0. 0. 4 - 0. 2 0. 1
Footnotes
1) -Nut seasonally ad) usted
ZJUndexes on a December 1997 100 base.
nSpecial index based on a substantially smaller sample
q) lndexes un a December 2007 100 base.
5) Indexes on a December 2005 100 base.

Indexes un a December 1986 100 base.

Z) Indexes on a December 1993 100 base.
0) ulexes on a December 2009 100 base.
s) Indexes on a December 1990 - 100 base.
1Q) Indexes on a December 1983 100 base
1U. Indexes on a December 2001 100 base.
12) indexes on a December 1902 100 base.
aa) indexes on a December 1996 100 base.
770
4c.2

THIRD AMENDMENT TO SOLID WASTE DISPOSAL AND RECYCLING

FRANCHISE AGREEMENT
This THIRD AMENDMENT TO SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT (" Second Amendment") is entered into as of September 6, 2016, by and between the CITY OF BRAWLEY, a municipal corporation of the State of California (" City") and ALLIED WASTE TRANSPORTATION, INC., a Delaware corporation, dba ALLIED WASTE SERVICES OF IMPERIAL (" Allied"), with reference to the following recitals:

Recitals
A. The City of Brawley is a general law city within the meaning of the California Constitution and has reserved its powers pursuant to California Public Resources Code Section 40000 et seq. to grant an exclusive Solid Waste and Recycling franchise.

B. Allied Waste Transportation, Inc. ("Allied") is the correct corporate name for the company designated as " Allied Waste Services, Inc," in the Franchise Agreement. Allied is a wholly owned subsidiary of Republic Services, Inc.

C. On August 10, 2006, the City granted Allied an exclusive franchise to collect and dispose of Solid Waste and Franchised Recyclables from Residential, Commercial and Industrial sites within the City (" Franchise" or "Agreement"). The City Council adopted Amendment No. 1 to the Solid Waste Disposal and Recycling Franchise Agreement on October 1, 2013. Amendment No. 1 incorporated street sweeping services and extended the initial term of the Agreement for a ten- year period to September 1, 2026.

The City Council adopted Amendment No. 2 to the Solid Waste Disposal and Recycling Franchise Agreement on February 18, 2014. Amendment No. 2 modified the street sweeping schedule.

D. The City and Allied wish to enter into this Third Amendment to clarify the respective responsibilities of the City and Allied for billing multi -family residential units in the City.

1. New Subsection 6. 2. 17. is hereby added to the Franchise, to read as follows:

6. 2. 17. Multifamily Billing Services. The City will be responsible for the billing and collection of invoices for all multifamily structures with total units of four (4) or less. The City shall pay Allied Waste on a monthly basis the applicable Base 4c.3
Rate on Exhibit G ( as adjusted pursuant to the Franchise Agreement) and other fees payable by all multifamily dwellings billed by the City. Allied will be responsible for the billing and collection of invoices for all multifamily structures with total units of five ( 5) or more, at the applicable rates on Exhibit G. Allied shall suspend service to multifamily dwellings for nonpayment as directed by the City.

2. Section 8. 6 is amended in its entirety to read as follows:

Section 8. 6 Incentive for Commercial and Multifamily ( On Bin Services) Recycling. To promote recycling within the community, Allied shall charge commercial and multifamily recycling bins at seventy- five (75%) of the cost of a same size trash bin. In the case of severe contamination of these bins, Allied reserves the right to remove the bins or replace with trash receptacles.

3. Except as expressly amended herein, all other terms and conditions of the Franchise shall remain in full force and effect.

DATE: ya- R
CITY: City of Brawley, California
a Municipal Corporation
ALLIED: Allied Waste Transportation, Inc.
a Delaware Corporation, dba Allied Waste
Services of Imperial
By: =' J By:

Donald L. Wharton, Mayor ke ' AO -e, \I; ce
By:

Alma Benavides, City Clerk
APPROVED, WO FORM:

By:

William S`: Smerdon, City Attorney
esden
4c.3

SECOND AMENDMENT TO SOLID WASTE DISPOSAL

AND RECYCLING FRANCHISE AGREEMENT
This SECOND AMENDMENT TO SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT Amendment 2" i
is entered into as of February 24 2014, by and between the CITY OF BRAWLEY, a municipal corporation of the State of California (" Cityl and ALLIED WASTE TRANSPORTATION, INC., a Delaware Corporation, dba ALLIED WASTE SERVICES OF IMPERIAL j"Allied"), with reference to the following recitals:

Recitals
A. As part of the original Scope of Work, Allied as an exclusive franchise will collect and dispose of for a fee, Solid Waste and Franchised Recyclables from Residential, Commercial and Industrial sites with the City.

B. Amendment No. 1 provided street sweeping services that commenced on January 1, 2014, along with a Franchise Term that will expire on September 1, 2026.

C. Amendment No. 1 incorporated a street sweeping schedule listed as Exhibit J.

Amendments to Franchise
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City and Allied hereby agree that:

1. Street Sweeping Schedule Exhibit J is amended with new Street Sweeping Schedule Exhibit J updated February 12, 2014.

2. All other Items, conditions and stipulations contained in the original Contract shall remain in effect.

CITY OF BRAWLEY
By:

Rosbnna B. Moor
Attest:

By:
6, City Manager
Alma Benavides, City Clerk
ALLIED
Mark Clatt, Authorized Agent
4c.4
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OF
BR
AWLEY

IMPERIAL
COUNTY.

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4C,
SQ. JO
755
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OKiGS W'
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SKEET

SWEEPING
MAP
1EXHIBIT
J
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rc
11141.0
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00411002111, 1•
121.•
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MONDAY
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TUESD
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WEDNESDAY THURSDAY FRID
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COMPLETION
5AM
4c.4

FIRST AMENDMENT TO SOLID WASTE DISPOSAL AND

RECYCLING FRANCHISE AGREEMENT
This FIRST AMENDMENT TO SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE AGREEMENT (" Amendment") is entered into as of December, 2013, by and between the CITY OF BRAWLEY, a municipal corporation of the State of California (" City") and ALLIED WASTE TRANSPORTATION, INC., a Delaware corporation, dba ALLIED WASTE SERVICES OF IMPERIAL (" Allied"), with reference to the following recitals:

Recitals
A. City is a general law city within the meaning of California Constitution and has reserved its powers pursuant to California Public Resources Code Section 40000 et seq. to grant an exclusive Solid Waste and Recycling franchise.

B. Allied Waste Transportation, Inc. ("Allied") is the correct corporate name for the company designated as " Allied Waste Services, Inc." in the Franchise, and this Amendment therefore provides the correct name of the franchisee under both the Franchise and this Amendment.

C. On August 10, 2006, City granted Allied an exclusive franchise to collect and dispose of, for a fee, Solid Waste and Franchised Recyclables from Residential, Commercial and Industrial sites within the City (" Franchise" or " Agreement"). The Term of the original Franchise commenced on September 1, 2006 and extends through September 1, 2016. The City has the option to extend the Franchise Term for an additional ten- year period, ending September 1, 2026.

D. The City desires that Allied provide street sweeping to the City. Allied has agreed to provide street sweeping services, and requests this Amendment to the Franchise with the City to enable Allied to cover the costs of these services.

E. The purpose of this Amendment is to extend Allied' s original franchise agreement with the City pursuant to Sections 3. 2 and 12 of the original Franchise, and to revise the Franchise to reflect Allied' s
agreement to provide street sweeping services for the City.

Therefore, this Amendment provides street sweeping services that will commence on January 1, 2014, along with a Franchise Term that will expire on September 1, 2026.

Amendments to Franchise
NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City and Allied hereby agree that:

1. Subsection 3. 1 shall hereby be amended in its entirety to read as follows:
1 4c.5

3. 1 Term. The Franchise term shall commence as of August 10, 2006 and shall terminate on September 1, 2026, unless earlier terminated in accordance with the provisions hereof.

2. New Subsections 6. 1., 6. 1.2, 6. 1. 3shall hereby be added to the Franchise Agreement as follows:

6. 1.. Street Sweeping Services. In order to further compensate the City for Allied' s use of the City' sStreets and Byways, Allied shall during the Term provide street sweeping of all City Streets and Byways depicted on Exhibit J, attached hereto, and any additional City -owned Streets and Byways designed by the City during the Term, pursuant to paragraph 6. 1. 3 below. Allied shall perform the street sweeping services in accordance with the provisions of Exhibit K. Street sweeping services will commence on delivery of the first street sweeper from City to Allied, as provided in

6. 1. 2 below.

6. 1. 2 Lease and Purchase of City Street Sweepers. The City currently has one 2013 CNG street sweeper to serve as the primary street sweeper and an existing 2007 CNG street sweeper. Allied shall lease -to -own the new street sweeper from the City for rental of $ 60, 211 per year for 5 years. After full payment of the 5 annual lease payments for the street sweeper, full title to and ownership of that street sweeper shall pass to Allied, free and clear of all liens and encumbrances. Prior to Allied taking full ownership of a street sweeper, that street sweeper will be used solely in Imperial County. The first lease payment shall be due and payable upon delivery of the street sweeper by the City to Allied. Annual lease payments shall be due within thirty 30) days of the anniversary date of the completed delivery of the sweeper to Allied.

Allied shall also purchase the City' scurrent 2007 street sweeper for fair market value ( as agreed by proof of three quotes for the same equipment specifications) at the commencement of services pursuant to this Amendment. Allied shall be responsible for all repairs and maintenance for said leased and owned vehicles. The City and Allied shall enter into a written Lease -to -Own and Purchase Agreement consistent with the financial and other terms and conditions of this Amendment for each vehicle, in a form mutually agreed to by the City and Allied. Should the City acquire an additional alternative fuel street sweeper, Allied and the City shall enter into a Lease -to -Own and Purchase Agreement that minimally assumes the full purchase price of the equipment

6. 1. 3 Street Sweeping Compensation. To compensate Allied for street sweeping services, the City shall pay Allied the sum of $ 204, 000 a year commencing on the date that Allied begins providing street sweeping services to the City. This annual sum shall be increased on the anniversary date of the provision of street sweeping services using the most recent percent annual increase in the CPI as defined in the Franchise and used in the adjustment of solid waste services rates under the Franchise. This annual payment shall be made by the City to Allied in twelve equal monthly installments, for each year during the Term. Allied will sweep all City streets as directed by Exhibit J and Exhibit K up to 210 curb miles. Should the City' s total curb miles requiring sweeping increase through annexation or any other reason by more than five percent of this total ( i.e., by more than 10 additional miles), the parties shall meet and confer to consider an adjustment to Allied' sMaximum Rates that would reasonably 2 4c.5
compensate Allied for its additional costs of sweeping the City' s street. Allied shall be entitled to a reasonable rate adjustment to compensate it for such additional street sweeping costs as demonstrated to the City' s reasonable satisfaction.

3. Subsection 9. 1shall be hereby amended as follows:

9. 1 Allied agrees, at Allied' s own expense, to carry comprehensive public liability and automobile liability coverage during the full Term of this Franchise, with City also shown as an additional insured thereunder, covering liability for bodily injuries, death and property damage, arising out of or in connection with the operations of Allied, under this Franchise in an amount not less than $ 1, 000,00 for injuries including death to any one person and in an amount not less than $ 5, 000,00 for any one accident or occurrence. Allied further agrees to carry, at Allied' s own expense, workers' compensation insurance in accordance with the laws of the State. Certificates of insurance thereof, shall be deposited by Allied with the City Manager together with endorsements or statements from the insuring companies providing that such policies will not be subject to cancellation until thirty ( 30) days after written notice to City. All of said policies shall be subject to the reasonable approval of the City attorney.

4. New Subsections 9. 4 and 9. 5 shall hereby be added to the Franchise Agreement as follows:

9. 4 All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Allied or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Allied hereby waives its own right of recovery against the City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

9. 5 Environmental Impairment Liability shall be written on a Contractor' s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $ 1, 000,00 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as " covered operations".

The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non -owned disposal sites.

Products/ completed operations shall extend a minimum of three years after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the Policy must include work performed " by or on behalf" of the insured. The Policy shall contain no language that would invalidate or remove the insurer' s duty to defend or indemnify for claims or 3 4c.5
suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The City, its officials, officers, agents, and employees shall be included as insureds under the policy.

5. Exhibits J and K are herto incorporated into this Amendment and Franchise as though fully set forth herein.

6. Except as expressly amended herein, all other terms and conditions of the Franchise shall remain in full force and effect.

CITY: ALLIED:

City of Brawley, California
a Municipal Corporation
Allied Waste Transportation, Inc., a Delaware
Corporation dba Allied Waste Services of
J%
Imperial
By: {' ' La By: 0‘, L %.

Don C. Campbell, Mayor Mark Clatt, Authorized Agent
ATTEST: APPROVED AS TO FORM:

By: By:
s nizaht.

Alma Benavides, City Clerk Dennis H. Morita, City Attorney 4 4c.5
City of Brawley
Existing vs. Proposed Street Sweeping Services Cost Comparison prepared 9- 26- 13)
existing proposed
staffing
transportation costs
110, 384. 00
10, 000.
71, 767. 00
equipment rental fees 526, 414. 00
allied contract
sub total
admin fee of 8%
grand total
savings
646, 798. 00
51, 743. 84
698, 541. 84
204, 000.
275, 767. 00
22, 061. 36
297, 828. 36
400, 713. 48
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August 28, 2013
Sweeping Operations Data
Curb Miles Approximately 190 miles
Sweepers

1. 0 2005 Elgin Crosswind - Diesel
Freightliner Chassis FL 70
Miles 83, 040
Hours rear engine 7, 330
New Blower & Housing installed in June, 2102

2. 0 2007 Tymco 600 BAH —CNG
Freightliner Chassis FC80
Miles 44, 299
Hours rear engine 9, 531
Hours Life Recommended 5, 000
Condition : Good

3. 0 New CNG Operated Sweeper to arrive on October, 2013 Tonnage 500 tons/ year
10, 000 Transportation Costs
Routes in place Two daily routes am and pm shifts
Streets Swept weekly
The commercial area operator starts at 3am and completes his route 12 noon. The residential area operator sweeps from 7am to 4pm. Street sweeping tasks are completed Monday thru Friday.

Employees Two employees, One full time/ One temporary
Temporary
Full Time
Total

18. 71 / hour / 172 hour month / 12 months = $38, 617 / year

37. 29 / hour / 172 hour month / 12 months = $76, 966 / year Employee costs without over time $ 115, 583. 00
Equipment O&M , Fill Station, Fuel ( Cost Included in Rental Fee) Sum Total Costs
Employees
Spoils Hauling to landfill
Equipment Rental Fees
Total
Administrative 8%
Total
Cost / month
110, 384/ fiscal year
10, 000/ fiscal year
526, 413. 83/ fiscal year
646, 797. 80/ fiscal year
51, 743. 83fiscal year
698541. 70/ fiscal year
58, 211. 80/ fiscal year
6 4c.5

APPROVED CITY COUNCIL
08- 10- 206

SOLID WASTE DISPOSAL AND RECYCLING

FRANCHISE AGREEMENT
This SOLID WASTE DISPOSAL AND RECYCLING FRANCHISE
AGREEMENT (" Franchise") is entered into as of August 10, 2006 and shall be effective as of September 1, 2006 by and between the CITY OF Brawley, a chartered municipal corporation of the State of California (" City") and ALLIED WASTE SERVICES, INC., a Delaware corporation, dba ALLIED WASTE SERVICES OF IMPERIAL VALLEY Allied"), with reference to the following facts:

A. City is a general law city within the meaning of California Constitution and has reserved its powers pursuant to California Public Resources Code Section 40000 et seq. to grant an exclusive Solid Waste and Recycling franchise.

B. On June 6, 2006, a duly noticed public meeting was held on this Franchise, all public testimony was reviewed and considered by the City Council, all protests were overruled.

C. On August 10, 2006, upon City approval of said Franchise (" City Adoption Date") City granted, subject to Allied' sacceptance by its execution hereof, this Franchise on the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the parties hereby acknowledge, City and Allied hereby agree as follows:

1. Definitions. Whenever in this Franchise the words or phrases hereinafter in this section defined are used, either with initial caps or small case lettering, they shall have the respective meaning assigned to them in the following definitions ( unless in the given instance, the context wherein they are used shall clearly indicate a different meaning):

1. Affiliate" means any parent or subsidiary corporation, partnership or other entity, controlling, controlled by or under common control with any entity, or any fellow member of an association, joint venture or similar arrangement for the provision of Solid Waste disposal or Recycling services in which Allied holds a direct or indirect interest.

1. 2 " Aluminum" means recoverable materials made from aluminum such as used aluminum food or beverage containers, aluminum foil, siding, screening. and other items manufactured from aluminum.

1. 3
DOCNUM"
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Applicable Law" means any federal, State or local rule, regulation, requirement, guideline, permit, action, determination or order of any Governmental Body having any jurisdiction applicable to the subject matter of 1-
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this Franchise, as now in effect and as amended from time to time. Applicable Law shall include, without limitation, the City Charter, and Municipal Code.

1. 4 " Automated Collection" or "Automation" means the Curbside Collection or alley collection of Solid Waste, Recyclables or Yard Waste in Carts designed to be taken from the curb or street and transferred into a Collection vehicle completely by mechanical means such as a robotic arm. The mechanical arm also replaces the container at the curb, alley or street as designated by the City.

1. 5 " Base Rate" means the amount payable to Allied per Unit as set forth on Exhibit G.

1. 6 " Beneficial reuse" means the use of material that would have otherwise been disposed of.

1. 7 " Bin" shall mean those plastic or metal containers of one cubic yard ( 202 gallons) to eight cubic yards that have plastic lids on the top. Bins are used for weekly or more frequent Collection of Solid Waste, Yard Waste or Designated Recyclables by Allied.

1. 8 " Bulky Waste" means discarded items whose large size or shape precludes or complicates their handling by standard Residential or Commercial Solid Waste, Recycling and Green Waste Collection methods. Bulky items include White Goods, furniture, bundled tree branches not exceeding six (6) inches in diameter and four (4) feet in length, carpet and other potentially oversize wastes. Bulky Waste does not include hazardous or infectious waste unless specifically exempt. Bulky Waste collection shall be in accordance with Exhibit D.

1. 9 " Cardboard" means post -consumer waste paper grade corrugated cardboard grade #11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for Collection and recovery for Recycling.

1.0 " Carts" shall mean those plastic containers with a capacity of approximately 32 gallons, 64 gallons and 96 gallons. Carts shall have a fixed lid and are designed for automated andlor semi -automated Collection of Solid Waste, Yard Waste and/ or Designated Recyclables by Allied. The City Manager shall approve the type and brand of Cart to be utilized for the duration of the Franchise.

1.1 " Change in Law" means any of the following events or conditions occurring on or after the date hereof:
a) the enactment, adoption, promulgation, issuance, material modification or written change in an Applicable Law or administrative or judicial interpretation of any Applicable Law; or
2 1810709. 11
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b) the order or judgment of any Governmental Body with
jurisdiction over Solid Waste that applies to this Franchise, to the extent such order or judgment is not the result of willful or negligent action, error or omission or lack of reasonable diligence of City or Allied, whichever is asserting the occurrence of a Change in Law; provided, however, that the contesting in good faith or the failure in good faith to contest any such order or judgment shall not constitute or be construed as such a willful or negligent action, error or omission or lack of reasonable diligence.

1.2 " City" shall mean the City of Brawley, a municipal corporation of the State of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

1.3 " Collection" means the act of removing and conveying non -hazardous and non- infectious Solid Waste, Yard Waste, Recyclables, co -mingled or source separated materials, from Residential, Commercial, Industrial, or Institutional governmental) Generators, to a facility for Processing, composting, transfer, disposal or transformation.

1.4 " Commercial" means a site and/ or business zoned or permitted for any use other than Residential including but not limited to Commercial, light Industrial, Institutional, Industrial and agricultural.

1.5 " Compactor Containers" means those fully enclosed metal containers of any size ( approximately seven to forty five cubic yards) provided by Allied or the customer. Compactors typically serve Large Quantity Generators.

1.6 " Curbside Collection" means the service of removing and conveying of non - hazardous and non- infectious Solid Waste, source separated Recyclables, Green Waste, Newspaper ( ONP), Mixed Paper ( MP), corrugated Cardboard ( OCC), steel, Tin and Bi- metal Cans, glass food and beverage containers, #1 and # 2 plastic containers, used oil and used oil filters from the public thoroughfare at the curb.

1.7 " Designated Containers" ("Containers") shall mean those containers designated by the City Manager for temporary Storage and Collection of Solid Waste, Yard Waste or Designated Recyclables including but not limited to Recycling Boxes, Carts, Bins, Roll -off Boxes, and or Compactor Containers.

1.8 " Designated Recyclables" means those materials designated by the City Manager for recovery or reuse through this Franchise. The list currently includes: Newspaper ( ONP), Mixed Paper ( MP), corrugated Cardboard OCC), steel, Tin and Bi- metal Cans, metal coat hangers, Aluminum containers, White Goods, glass food and beverage containers, #1 and # 2 plastic containers, used oil, used oil filters, Yard Waste, concrete and asphalt.

1.9 1810709. 11
Designated Solid Waste and Recycling Collection or Storage Location" 3 4c.6
means a place designated by the City Manager for Storage and/ or Collection of Solid Waste, Green Waste and/ or Recyclables. Designated locations include, but are not limited to, the curb, alley, waste/ Recycling enclosure, a loading dock, or basement of a Commercial enterprise or Multi -family complex where Solid Waste and Recyclables are placed for Collection or temporary Storage prior to Collection by Allied.

1. 20 " Electronic Waste" means a type of Universal Waste. Some Electronic Wastes such as devices with Cathode Ray Tubes ( CRTs) and Liquid Crystal Displays LCDs) are covered by the Electronic Waste Recycling Act. This Act provides a funding mechanism to facilitate collection and recycling. Examples include televisions and computer monitors.

1. 21 " Franchised Recyclables" means any Residential, Commercial or Industrial Recyclables, placed in Designated Containers or at Designated Recycling Solid Waste and Recycling Collection or Storage Location( s) to be collected by Allied.

1. 22 " Garbage" means all non -hazardous, non- infectious organic waste including:
kitchen and table waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking, or handling of food stuffs.

1. 23 " Generator" means every owner, tenant, occupant or person owning or having the care and control of any premises in the City including the temporary use of parks, open space or a public thoroughfare.

1. 24 " Glass Bottles and Jars" means food and beverage containers made from silica or sand, soda ash and limestone, the product being transparent or translucent and being used for packaging or bottling, including container glass designated redeemable under the California Beverage Container Recycling and Litter Reduction Law, Division 12. (commencing with Section 14500) of the California Public Resources Code), as well as glass jars and bottles without redeemable value (" scrap"), but excluding household, kitchen, and other sources of non -container glass such as drinking glasses, ceramics, light bulbs, window pane glass, and similar glass products that are not bottles or jars.

1. 25 " Governmental Body" means any Federal, State, County, City or regional legislative, executive, judicial or other governmental board, agency, authority, commission, administration, court or other body, or any officer thereof acting within the scope of his or her authority.

1. 26 " Green Wastes" means the leaves, grass, weeds, shrubs, tree branches, tree trunk and other wood materials from trees. Green Waste may also include incidental amounts of waxed or plastic coated corrugated Cardboard, unpainted and untreated lumber. Green Waste does not include tree stumps.

1. 27
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Gross Receipts" shall mean the sum of Gross Commercial Receipts, Gross 4 4c.6
Industrial Receipts, and Gross Special Service Receipts ( each as defined herein).

1. 28 " Gross Commercial Receipts" shall mean ( subject to the exclusion below) all amounts actually billed by Allied from Rates charged to Commercial customers under this Franchise by Allied for collecting, removing, transporting, Processing and/ or disposing Solid Waste. The following shall be excluded from Gross Commercial Receipts: (a) revenue generated from the collection and sale of Recyclables collected under this Franchise; ( b) revenue generated from the sale or lease of storage containers and La- val Locks; (c) revenue generated from the curbside collection of oil by Allied in accordance with this Franchise; and (d) other taxes or surcharges such as a City utility tax.

1. 29 " Gross Industrial Receipts" shall mean ( subject to the exclusion below) all amounts actually billed by Allied from Rates charged to Industrial customers under this Franchise by Allied for collecting, removing, transporting, Processing and/ or disposing Solid Waste. The following shall be excluded from Gross Industrial Receipts: (a) revenue generated from the collection and sale of Recyclables collected under this Franchise; ( b) revenue generated from the sale or lease of storage containers and La- val Locks; (c) revenue generated from the curbside collection of oil by Allied in accordance with this Franchise; and (d) other taxes or surcharges such as a City utility tax.

1. 30 " Gross Special Service Receipts" shall mean ( subject to the exclusion below) all amounts actually billed by Allied from Rates charged to Residential Units by Allied for any additional or special service not covered in the standard rates typically charged by the City ( excluding Rates charged by the City to Residential Units). The following shall be excluded from Gross Special Service Receipts: (a) revenue generated from the collection and sale of Recyclables collected under this Franchise; (b) revenue generated from the sale or lease of storage containers and La- val Locks; (c) revenue generated from the curbside collection of oil by Allied in accordance with this Franchise; and ( d) other taxes or surcharges such as a City utility tax.

1. 31 " Hazardous or Toxic Waste" means any material, waste, chemical, compound, substance, mixture, or byproduct that is identified, defined, designated, listed, restricted or otherwise regulated under Applicable Laws as " hazardous constituent," " hazardous substance," "hazardous waste constituent," infectious waste," "medical waste," "bio- hazardous waste," "extremely hazardous waste," pollutant," "toxic pollutant," "chemical constituent," " solid waste," or " contaminant," or any other formulation intended to classify substances by reason of properties that are deleterious to the environment, natural resources or public health or safety including without limitation, ignitability, infectiousness, corrosiveness, radioactivity, carcinogenicity, toxicity, and reproductive toxicity. Without limiting the generality of the foregoing, Hazardous or Toxic Waste shall include any form of natural gas, as well as any petroleum products or any fraction thereof, and any substance that, due to its characteristics or interaction with one or more other materials, 5 1810709. 11
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wastes, chemicals, compounds, substances, mixtures, or by products, damages or threatens to damage the environment, natural resources, or public health or safety, or is required by any law or public entity to be remediated, including remediations which such law or public entity requires in order for real property to be put to any lawful purpose.

1. 32 " Hospitality" means any establishment that offers dining services, food or beverage sales. This includes taverns, bars, cafeterias, and restaurants, as well as, motels and hotels ( temporary housing of less than one month duration), hospitals, schools, colleges, and other such establishments that have dining services, or a restaurant or bar on their premises.

1. 33 " Industrial" means any property or Generator that is engaged in the manufacture of products including but not limited to construction and demolition. Industrial Generators are typically serviced by Roll -off Boxes of 10- 40 yard capacities and typically generate Inert materials such as asphalt, concrete, building debris and some wood and dry Green Waste.

1. 34 " Industrial Recyclables" means Recyclables from Industrial, construction, and demolition operations, including, but not limited to, asphalt, concrete, dirt, land clearing brush, sand and rock.

1. 35 " Inert" means materials such as concrete, soil, asphalt, ceramics, earthen cooking ware, automotive safety glass, and mirrors.

1. 36 " Institutional" shall mean any premise owned and/ or occupied by local, State and federal agencies, typically office or education facilities with a common waste stream.

1. 37 " Landfill" means a disposal system by which Solid Waste is deposited in a specially prepared and synthetically lined area which provides for environmental monitoring and treatment, including weigh scales pursuant to the California Code of Regulations, the California Public Resources Code and the Federal Resource Conservation and Recovery Act.

1. 38 " Large Quantity Generator" means those Residential, Commercial, Industrial and Institutional entities that generate four (4) or more ninety- six (96) gallon Carts of waste per week excluding source separated Recyclables diverted from disposal or transformation. The definition of Large Quantity Generator applies only to Cart size and waste generated, and does not apply to the rates charged to Residential, Commercial, Industrial or Institutional users.

1. 39 " Mixed Paper" means corrugated Cardboard, all high and low grade ledger and other fibers not contaminated by food waste or other materials that render them unmarketable.

1. 40 " Mixed Waste Processing" means a system of recovering Recyclables from the mixed waste stream through separation at a Processing facility, transfer station, Landfill, or other such facility instead of separation at the primary 6 1810709. 11
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waste generation source.

1. 41 " Multi -family" means a structure or structures containing a total of 5 or more dwelling Units in any vertical or horizontal arrangement on a single lot or building site.

1. 42 " Newspaper" means newsprint -grade paper including any inserts that come in the paper, and excluding soiled paper, all magazines, and other periodicals, telephone books, as well as all other paper products of any nature.

1. 43 " Nuisance" means anything which is injurious to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood, or any number of persons, although the extent of annoyance or damage inflicted upon the individual may be unequal, and which occurs as a result of the storage, removal, transport, processing, or disposal of Solid Waste, compost and/ or Designated Recyclables.

1. 44 " Plastic Bottle" means a plastic container with narrow neck or mouth opening smaller than the diameter of the container body, used for containing milk, juice, soft drinks, water, detergent, shampoo or other such substances intended for household or Hospitality use; to distinguish from non - bottle containers ( e.g., deli or margarine tub containers) and from non -household plastic bottles such as those for containing motor oil, solvents, and other non -household substances.

1. 45 " Processing" means the reduction, separation, recovery, conversion, or Recycling of any component( s) of Solid Waste.

1. 46 " Putrescible Wastes" means the waste in organic material with the potential decomposition capacity to emit noticeable quantities of odor and gas by- products. Material in this category includes, but is not limited to kitchen waste, dead animals, food, etc.

1. 47 " Recyclables" means any materials that are recyclable, reclaimable, and/ or reusable within the following generating categories: Small Quantity Generator and Large Quantity Generator. Any material having an economic value on the secondary materials market or that is otherwise Salvageable shall be included and/ or other materials that have been separated from other Small Quantity Generators or Large Quantity Generators for the purposes of being recycled for resale and/ or reuse, and placed at a Designated Solid Waste and Recycling Collection or Storage Location or in a Recycling or waste container for the purpose of Collection and Processing, or any such designated recyclable materials collected under a Mixed Waste Processing program.

1. 48 " Recycling" shall mean any process by which materials which would otherwise be discarded, disposed of in a Landfill or transformation facility and become Solid Waste are collected ( source separated, commingled, or as " Mixed 7 18117709 11
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Waste"), separated and/ or processed and returned to the economic mainstream in the form of raw materials or products or materials which are otherwise salvaged or recovered for beneficial reuse.

1. 49 " Refuse" means Garbage and Rubbish.

1. 50 " Removal" means the act of taking Solid Wastes, Yard Waste or Designated Recyclables from the place of generation either by the Allied or by a person in control of the premises.

1. 51 " Removal Frequency" means frequency of Removal of Solid Wastes, Yard Waste or Designated Recyclables from the place of generation.

1. 52 " Residential" for purposes of this Franchise, means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, including single and multiple family dwellings, boarding and lodging houses ( regardless of whether or not a water meter is shared).

Residential does not include short- tem Residential uses, such as hotels, motels, tourist cabins or hostels which are regulated as Hospitality establishments.

1. 53 " Roll -off Boxes" means those 10 to 40 cubic yard steel temporary containers with an open top and doors at least at one end typically used for temporary service to remove and convey non- putrescible, inert (concrete, asphalt, other demolition debris) Solid Wastes and Recyclables or Green Waste.

1. 54 " Roll -off Service" means service provided for the Collection, Removal and Disposal of Industrial waste such as construction, demolition and other primarily Inert non- Putrescible Wastes and Green Wastes. Roll -off Service is usually provided using metal containers of 10 to 40 cubic yards that are open on the top with doors on one end.

1. 55 " Rubbish" means non- Putrescible Solid Wastes such as ashes, paper, glass, bedding, crockery, plastics, rubber by- products or litter. Such materials that are designated as recyclable or compost may be exempt from categorizing as Rubbish provided such materials are handled, processed and maintained in a properly regulated manner.

1. 56 " Salvaging or Salvageable" means the controlled and/ or authorized Storage and Removal of Solid Waste, Yard Waste, Designated Recyclables or recoverable materials.

1. 57 " Scavenging" means the uncontrolled and/ or unauthorized Removal of Solid Waste, Yard Waste, Designated Recyclables or recoverable materials. Such activity is unlawful and is a misdemeanor punishable as allowed in the City Municipal Code and Chapter 9 Section 41950 of the California Integrated Waste Management Act of 1989.
8 1810709 11
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1. 58 " Small Quantity Generator" means all Residential dwellings of four units or less (without restriction on the amount of waste generated by such dwellings, and regardless of whether or not a water meter is shared)) and all Commercial, Industrial and Institutional entities that generate less than four (4) ninety- six (96) gallon Carts of waste per week excluding source separated Recyclables diverted from Disposal or transformation. The definition of Small Quantity Generator applies only to Cart size and waste generated, and does not apply to the rates charged to Residential, Commercial, Industrial or Institutional users.

1. 59 " Solid Waste" means all Putrescible and non- Putrescible solid waste, semi -solid and liquid wastes, such as Refuse, Garbage, Rubbish, ashes, Industrial wastes, demolition and construction wastes, Electronic Waste, Universal Waste, discarded home and Industrial appliances, manure, vegetable or animal solid and semi -solid wastes, and includes liquid wastes disposed of in conjunction with Solid Wastes at Solid Waste Transfer or Processing Stations or disposal sites, which are generated by Residential, Commercial or Industrial sites within the City. Solid Waste shall not include:

Hazardous and Infectious Waste, sewage collected and treated in a municipal or regional sewage system or materials or substances having commercial value or other importance which can be salvaged for reuse, Recycling, composting or resale.

1. 60 " State" shall mean the State of California.

1. 61 " Storage" means the interim containment of Solid Wastes, Yard Wastes, or Recyclables in an approved manner after generation and prior to Disposal, Collection or Processing. ( Interim means for one week or less, Roll -off containers may store non- Putrescible waste for up to thirty days.)

1. 62 " Streets and Byways" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said City, including State highways now or hereafter established within said City.

1. 63 " Tin and Bi- metal Cans" means any steel food and beverage containers with a tin or Aluminum plating.

1. 64 " Transfer or Processing Station" means those facilities utilized to receive Solid Wastes and to temporarily store, separate, convert, or otherwise process the Solid Waste and/ orRecyclables.

1. 65 " Universal Waste" means a type of hazardous waste as determined by the Department of Toxic and Substance Control that can not be disposed in the landfill. It is a low-evel hazardous waste that is managed under less stringent requirements than other hazardous wastes. Examples include electronic wastes ( see above), batteries, fluorescent tubes and mercury switches. 9 1810709/ 1
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1. 66 " Uncontrollable Circumstances" means any of the following acts, events or conditions, if such act, event or condition is beyond the reasonable control and is not also the result of the willful or negligent act, error or omission or failure to exercise reasonable diligence on the part of the party relying thereon as a justification for not performing an obligation or complying with any condition required by such party under this Franchise:
a) an act of God ( but not including reasonably anticipated weather conditions for the geographic area of the City), hurricane, landslide, lightning, earthquake, fire, explosion, flood, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot or civil disturbance; b) strikes or work stoppages occurring with respect to any activity performed or to be performed under this Franchise; and c) pre- emption of materials or services by a Governmental Body in connection with a public emergency or any condemnation or other taking by eminent domain.

It is specifically understood that none of the following acts or conditions shall constitute Uncontrollable Circumstances: (a) general economic conditions, interest or inflation rates, currency fluctuations or changes in the cost or availability of commodities, supplies or equipment; ( b) changes in the financial condition of City, Allied or any subcontractor affecting their ability to perform their obligations; (c) the consequences of errors, neglect or omissions by City, Allied or any subcontractor; ( d) any failure of any subcontractor to furnish labor, materials, service or equipment for any reason ( other than an Uncontrollable Circumstance); (e) equipment failure; and ( f) any impact of minimum wage law, prevailing wage law, customs or practices on Allied' sor City' soperating costs.

1. 67 " Unit" means an individual residence or any individual residence contained in a Residential Multi -family complex ( regardless of whether or not a water meter is shared).

1. 68 " White Goods" means kitchen or other large enameled appliances which includes, but is not limited to, refrigerators ( with doors and coolant removed), washers, and dryers.

1. 69 " Wood Waste" means lumber and wood products but excludes tree stumps, more than incidental dirt or rock, plastic, glass, metal, painted or treated wood, plywood, particle board or other manufactured products that contain glue, formaldehyde, non -organic or non -biodegradable materials.

1. 70 " Yard Waste" means the leaves, grass, weeds, and wood materials from trees and shrubs from the single family and Multi -family Residential sources of City' s Green Waste ( to include landscape haulings from Residential sources).

Acceptable materials for Collection include all Yard Waste as herein defined, 10 1810709 11
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excluding treated or processed wood or lumber, Bulky Waste or any other materials as shall be determined by City as to not be Salvageable. All acceptable Yard Waste shall be void of nails, wire, rocks, dirt or any other material that is not considered Yard Waste.

2. Grant of Franchise.

2. 1 In General. City hereby grants to Allied, subject to the terms and conditions set forth herein, an exclusive Franchise to collect and dispose of, for a fee, Solid Waste and Franchised Recyclables from Residential, Commercial and Industrial sites within the City, in the manner and on the terms specified herein, and to use for such purposes the City Streets and Byways (including, but not limited to, alleys, parking lots, public works yards, and all other paved or surfaced areas within the City). The City represents and warrants that it has the full legal right, power and authority to enter into and grant this Franchise and to perform its obligations hereunder. This Franchise is granted upon each and every condition herein contained, and shall be strictly construed in accordance with Applicable Law. Each of said conditions is a material and essential condition to the granting of this Franchise. Nothing shall pass by the Franchise granted hereby to Allied unless it be granted in plain and unambiguous terms.

2. Exclusive Nature of Franchise.

2.1 During the Term of this Franchise, except as hereinafter otherwise provided, or except as may otherwise be required by federal or State law, the rights granted to Allied under this Franchise shall be exclusive to Allied, and City will not let any contract to, or enter into any contract with, any other person, firm, or corporation for the performance of the services herein required to be performed by Allied. City shall protect Allied' srights to such exclusive contract by proper ordinances, and by reasonable enforcement thereof.

2.. Such exclusive rights shall not extend to Solid Waste or Recycling Services that cannot be exclusively franchised under federal or State law. In addition, this grant of exclusive Franchise is not intended and does not preclude duly licensed City based non- profit organizations and community groups from conducting Recycling programs for the purpose of raising funds, nor does it preclude a person from selling or otherwise disposing of their own Recyclables at a buy-ack center or from donating their own Recyclables, so long as said collection( s), donation( s) or sale() do not occur at Designated Solid Waste and Recycling Collection or Storage Location( s).

Allied and City hereby expressly exclude from Allied' sexclusive rights hereunder the picking up, gathering, and Removal of Refuse pursuant to competitively bid contracts between State agencies or local districts and a City authorized waste removal contractor.

3. Term.

3. 1 Initial Term. The initial Franchise term (" Initial Term") shall be for a ten ( 10) year period commencing on September 1, 2006 and shall terminate on September 1, 2016, unless earlier terminated in accordance with the provisions hereof. 11 1810709 11
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3. 2 Extension of Initial Term by City. City, by affirmative vote of the City Council, shall have the option to extend the Initial Term for another ten ( 10) year period Extended Term"), on the same terms and conditions or such other terms and conditions as may be agreed upon by City and Allied, provided the City Manager reasonably determines that Allied has satisfactorily performed under and is in full compliance with this Franchise and Applicable Law and has the ability to perform its obligations under this Franchise during the Extended Term. City shall notify Allied in writing as to whether City intends to exercise its option to extend the Initial Term at least one hundred eighty ( 180) days prior to the end of the Initial Term.

4. Consideration.

4. 1 Initial Franchise Fee. Upon full and complete execution of this Solid Waste Disposal and Recycling Franchise Agreement, Allied shall pay to the City within 10 working days the amount of seven - hundred thousand dollars ($700, 00) as an initial franchise fee.

4. 2 Purchase of City Solid Waste Collection Assets. On or before September 1, 2006, the effective date of the contract, Allied shall purchase the City Solid Waste Collection Assets shown on Schedule 1 to Exhibit A ( defined below) attached herein. The purchase price for such assets shall be three -hundred thousand dollars ($ 300, 00) and such purchase shall be completed in accordance with the Purchase and Sale Agreement attached as Exhibit A.

4. 3 Franchise Fee.

4. 3. 1 In consideration of City' sgrant of this Franchise, Allied shall pay to City during this Franchise a fee ("Franchise Fee") equal to the sum of the following: 15% of the Gross Commercial Receipts actually billed by Allied under this Franchise; 10% of the Gross Industrial Receipts actually billed by Allied under this Franchise; and 22% of the Gross Special Service Receipts actually billed by Allied under this Franchise. The Franchise Fee shall be included in the rates charged by Allied as shown on Exhibit G.

4. 3. 2 By, on or before the 22nd of each month throughout the term of this Franchise, Allied shall ( a) file with the director of finance of City a duly verified statement showing in detail the total Gross Commercial Receipts, Gross Industrial Receipts, and Gross Special Service Receipts billed by Allied under this Franchise during the preceding month or fractional month; and ( b) pay to City, in lawful money of the United States, the Franchise Fee payable to the City for the applicable period, plus any and all City imposed fees collected by Allied. On or before the 22nd of each month throughout the term of this Franchise, City shall pay to Allied, in lawful money of the United States, the aforesaid Base Rate for such month, or such fractional month, covered by such statement. For the period from September 1, 2006 through October 1, 2006, the City may deduct from the Base Rates payable to Allied the verifiable labor costs for such period related to the City' semployees that will provide services to Allied during such period pursuant to the Labor Services Agreement 12 1810709 11
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attached as Exhibit H.

4.3. The acceptance by City of payments of the Franchise Fee shall be without prejudice to City' sright to an examination of Allied' sbooks and records maintained with respect to the calculation thereof in order to verify the amount of Allied' s Gross Receipts. At any reasonable time within three years after receipt of any statement furnished it by Allied as provided in Section 4.3.2, above, and upon fifteen 15) days prior written notice to Allied, City may cause a special audit to be made of those books and records of Allied (i) relating to the calculation of City' s Franchise Fee for the period covered by the statement, relating to ( ii) the Net Revenue generated from the sale of Recyclables and ( iii) as are reasonably necessary to verify Allied' s compliance with its performance obligations hereunder. Except as provided below, the cost of such audit shall be borne by City. If it shall be determined that there has been an error in the payment of the Franchise Fee, then a reconciling payment or credit shall be made. If it is determined that the error exceeded three percent ( 3%) of the amount owed for the period covered by the audit, and such error is to the disadvantage of City, then Allied shall also reimburse City for the cost of the audit. City shall keep all information received from Allied in connection with any audit hereunder confidential, and shall not disclose or use any such information without the prior written consent of Allied, except to the extent required under Applicable Law or in connection with any dispute resolution proceeding with respect to this Franchise.

4. Landfill Royalty Payment. In further consideration of City' s grant of the Franchise, during the tem, of this Franchise Allied shall pay to City annually a Landfill Royalty Payment (" Royalty") equal to $ 1. 50 per ton for the tonnage disposed of in the Allied Imperial Valley Landfill from all City Generators in the preceding twelvemonth period, excluding Recyclables. The first such Royalty payment shall be for the twelve ( 12) month period ending August 31, 2007 and subsequent payments will be for the twelve ( 12) month periods ending on the applicable anniversary of such date. The Royalty payment shall be made by Allied within forty-ive (45) days after the end of the applicable twelve ( 12) month period. The royalty shall be calculated only on tonnage picked up and transported by Allied under this Franchise that has been charged to and paid by the Franchise Generators. Tonnage that has been donated for special events or City facilities, and or deemed non -collectible will excluded from tonnage and be exempt from the Royalty.

4. 5 Street Maintenance Fund. The City shall be reimbursed an annual amount of $ 50, 000 per year for reparations of normal wear and tear to city streets and alleys. The first such reimbursement payment shall be for the twelve ( 12) month period ending August 31, 2007 and subsequent payments will be for the twelve ( 12) month periods ending on the applicable anniversary of such date. The reimbursement payment shall be made by Allied within forty-ive (45) days after the end of the applicable twelve ( 12) month period. Said amount shall increase annually by two percent (2%). This is a good faith payment and does not constitute acceptance of liability for damages caused by Allied' sequipment.

4. 6 College Scholarships. On an annual basis during the Initial Term and any Extended Term of this Franchise, Allied will award a $ 1, 000 scholarship to 13 1810709. 11
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each of three ( 3) residents of the City. Allied shall establish the criteria for awarding such scholarships.

4. 7. Free Citv Service. Allied shall provide City with free Solid Waste, Yard Waste and Recycling Collection, Removal, Processing and disposal services at City facilities for normal city needs ( excludes major construction as defined under the City' sconstruction and demolition ordinance, remodeling or special projects, and City improvement projects greater than $ 50, 000 in value) during the term of this Franchise.

Except as provided in this Section 4.7, City shall pay for Roll -off Service requested by City in accordance with the Maximum Rates described in Exhibit G.

4. 8 Christmas Tree Pickup. Allied shall conduct a curbside Christmas tree pickup throughout the City of Brawley once a week beginning immediately after Christmas either on the day for holiday service as provided in Section 6. 2. or the regularly scheduled day for service, as applicable, continuing throughout the entire month of January.

4. 9 Free Landfill Use for Residents, Upon showing proof of residency, City of Brawley residents may use the Allied Imperial Valley Landfill ( or another landfill designated by Allied and approved by the City, such approval not to be unreasonably withheld) up to four times per year free of charge and dispose a maximum of 1 ton solid waste per trip of non -Commercial, and non -Hazardous Waste materials.

4. 10 Limitations on Taxes, Fees and Assessments. Except for the Franchise Fees and other fees provided in this Article IV and any generally City imposed taxes, fees or charges assessed on all businesses for goods or services in City, City shall not impose any other or further fees or assessments on Allied or any valid successor or assign in connection with its activities under this Franchise except to the extent that Allied may immediately pass -through such tax, fee, charge or assessment to Ratepayers ( and for which Allied shall cooperate with City in collecting).

City agrees to coordinate, whenever possible, the concurrent imposition of any pending regulatory fee increases with any pending service rate increases by Allied. Further, in the event that such taxes, fees charges, or assessments are imposed on Allied with respect to Allied' srights under this Franchise by any Governmental Body other than City, and the legislative action or actions imposing the same further requires that the same be diverted, earmarked or otherwise paid over to the benefit of City, in whole or in part, and such action or actions ( i) are not offset by a related legislative action or actions which reduce City revenues under this Franchise, ( ii) do not compensate City for additional regulatory duties, (iii) do not reimburse City for new, direct out-f- pocket costs, or (iv) are related to hazardous materials collection or remediation at the landfill by City due to the failure of Allied or its Affiliates to comply with its obligations to City under Section 10 hereunder, such sums, if any, shall be promptly rebated to Allied' s accounts or paid over to Allied.

5. Compliance with Laws and Directives.

5. 1 Allied shall comply with all Applicable Law ( or such higher standards as may be required under this Franchise) regarding the manner in which it conducts its 14 1810709 11
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trade and business. Allied and City agree to cooperate with each other in reaching a modification to this Franchise to the extent required by law at any time it should be deemed necessary in the future. In the event of any Change in Law, or a successful third -party challenge to all or any material provision of this Franchise that in either case materially affects City' sconsideration or Allied' soperational requirements hereunder, the parties agree to meet and confer in order to develop reasonable modifications to this Franchise in order to allow this Franchise to continue in substantial conformance with its terms as they existed prior to such Change in Law.

5. 2 In addition, at all times during the Term of this Franchise, Allied shall perform its obligations hereunder to the reasonable satisfaction of the City Manager ( or a delegate thereof) who shall have the right, consistent with the terms and conditions of this Franchise, to issue orders, directions and instructions to Allied from time to time with respect to the Collection, transportation, and Removal of Solid Waste and Franchised Recyclables, the performance of Allied' sservices hereunder, and Allied' s compliance with the provisions of the ordinances of the City of Brawley as they now exist or may from time to time be amended, and Allied agrees to comply therewith.

6. Services to be Provided.

6. 1 In General. Allied undertakes and agrees, for the consideration set forth herein, to collect, pick up, remove and dispose of, all Solid Waste and Franchised Recyclables which are generated or accumulated by or upon all property located within the jurisdictional boundaries of the City during the Term of this Franchise, except as herein otherwise provided, subject to and in accordance with the terms and provisions hereof. Allied shall furnish all labor, equipment, and vehicles (including adequate standby equipment and vehicle capacity to provide the service herein required in the event of a breakdown), and all insurance and bonds necessary under Section 9 hereof to insure the efficient and timely performance of such obligation. All Solid Waste and Franchised Recyclables collected by Allied shall become the property of Allied immediately upon the Collection thereof, and shall be forthwith removed and transported by Allied for disposal in the Imperial Landfill or such other Landfill or Processing facility for Franchise Recyclables mutually agreed upon by Allied, City, Imperial Valley Landfill or for sale, as appropriate, which shall be provided, arranged for or furnished by Allied in accordance with the terms of this Franchise. The Collection and Removal of Solid Waste and Franchised Recyclables shall be done in a prompt, thorough, lawful and workmanlike manner.

6. 2 Operational Plan. The Collection, Removal and disposal of said Solid Waste and Franchised Recyclables by Allied shall be done in accordance with an operational plan reasonably approved by the City Council (" Operational Plan"). The Operational Plan shall describe the routes to be established and shall contain details regarding servicing schedule, the equipment to be used, and alternate procedures to be followed in the event of severe weather or equipment failures. Pending approval by the City Council of the Operational Plan, Allied shall provide services in accordance with an Operational Plan approved by the City Manager. The Operational Plan may be amended at any time by mutual agreement of the parties
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6. 2. 1 Collection Times and Frequency. At least one regular weekly Collection for Solid Waste, Recycling and Yard Waste shall be provided to each Small Quantity Generator and Large Quantity Generator within the City as applicable.

Industrial Collection shall be handled on an on -call basis in a manner mutually agreeable to Allied and individual customers as more specifically provided in Section

6. 2. 19 below. Allied shall not collect Solid Waste or Franchised Recyclables (i) within a Residential area between the hours of 7: 00 p. m. and 6: 00 a. m or (ii) within a Commercial area which is immediately adjacent to a Residential area before 6: 00 a. m.

Allied shall complete all routes by the end of the scheduled allowed service day, except in the event of emergency, hazardous weather conditions, natural disaster or other unforeseen circumstances beyond Allied' sreasonable control. With prior written permission of the City Manager, this time frame may be modified. Allied agrees to meet and confer with City and make a good faith effort to remedy in a commercially reasonable manner each circumstance where Collection service may be a Nuisance to residents, including but not limited to Commercial Collection adjacent to a Residential dwelling or dwellings.

6. 2. Holidays. The following shall be considered legal holidays where Collection services shall not be required for purposes of this Franchise: New Year' sDay, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Any other days must have prior written approval from the City Manager. When a regularly scheduled Small Quantity Generator Collection falls on a legal holiday, the Collection for that day and succeeding days of that week shall be rescheduled one day later. Holiday disruptions of Large Quantity Generator and Industrial Collections shall be handled in a manner mutually agreeable to the Allied and individual customers. Allied shall provide a web site detailing collection times for these Holidays in the City.

6. 2. 3 Commercial and Industrial Containers: Type and
Location. Allied shall provide Refuse, Recycling and Yard Waste Bins as required for Large Quantity Generator ( Commercial) and Industrial Generator customers. Each Bin shall be placed in an accessible, outside location according to individual agreements with each customer.

6. 2. 4 Public Placed Litter Bins. Allied will collect materials deposited in curbside public place litter bins weekly or twice per week as needed with Residential or Commercial waste vehicles from trash cans found in the public right of way or Caltrans public right of way on the 500 and 600 blocks of Main Street. City will pre -approve the design of all containers used in the public right of ways.

6. 2. 5 Notice of Collection Schedule. Allied shall prepare and furnish to all customers not less than seven ( 7) days prior to the beginning of, or change in service, schedules setting forth the days on which the Collections shall be made. Notice shall be in such form as is first approved by the City Manager or a designee thereof.

6. 2. Availability of Extra Carts. Upon inspection of the outside of a residence and approval of Allied' smanagement, Allied shall make available to 16 1810709 11
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residents a maximum of two green waste carts ( green) and two recycle carts ( blue) at no charge to resident. In case of severe habitual contamination of these carts Allied reserves the right to remove them from the residence. Additional solid waste carts are also available to residents for an additional charge as shown on Exhibit G.

6. 2. (a) Curbside Used Oil Collection. Allied will work with the Imperial Valley Waste Management Task Force to develop a curbside oil collection program to be available for residents of the City only and Allied shall promote the use of such program. Any revenue received by Allied from the curbside oil collection program shall be kept by Allied and the City shall not be entitled to any such revenue.

6. 2. (b) Discounts for Non Profit Organizations. Regular and routine services to Non -Profit Organizations will be charged normal rates as shown on Exhibit G. Services for special events may be donated in Allied' sdiscretion as long as requests are reasonable and contribute to the goodwill of the City and Allied. Such requests will be reviewed by Allied on a case by case basis.

6. 2. 7 Electronic Waste / Universal Waste. Electronic Waste and Universal Waste will be collected as part of the Bulky Waste pick- up program in accordance with the terms and conditions set forth in Exhibit D. Electronic Waste and Universal Waste will be disposed of at the Imperial Valley Landfill in connection with guidelines established by the Imperial Valley Waste Management Task Force. If no mutually acceptable disposal site for Electronic Waste or Universal Waste is available, the City and Allied will work together to develop a mutually acceptable means of handling such waste.

6. 2. 8 Missed Pick -Ups. In case of a missed pick- up called in by City or a Generator, Allied shall, where possible, provide Collection within 24 hours.

If unable to accommodate due to inadequate notice, or other operating conditions, the Generator shall be so notified and the materials shall be picked up on the next scheduled Collection day. Information on missed pick- ups shall be logged by Allied and shall be available to City upon request.

6. 2. 9 Special Events. Allied shall cooperate with City in carrying out special events to improve community appearance. Such cooperation shall include, but not be limited to, Allied' s provision of free Solid Waste and Recycling containers and Collection services for at least seven (7) special public events sponsored by City. Additional events may be serviced for free or at discounted rates subject to Allied' s prior approval. Such special event rates shall be equal to or less than the Maximum Rates allowed under this Franchise. Allied may request additional rates for special services not contemplated in the standard rate structure and City will authorize if reasonable and adequately justified by Allied. The events to receive free service shall be limited to:
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1. Cattle Call — Includes a total of approximately 8 to 10 programs during the eleven days of the event. Allied shall provide a minimum of 2 dumpsters except for the parade and the rodeo, which require more dumpsters and 90 gallon containers.

2. Two Additional City Events — should the City sponsor up to two additional events, Allied shall provide free service as requested by the City Manager.

3. Chamber Events — Allied shall provide free service for the following events that are both sponsored by the Brawley Chamber of Commerce and approved by the City Manager:

Carnivale on Main ( two 3 yard containers)
A Taste of Culture ( two 3 yard containers and a five 96 gallon carts) Sweet Onion Festival (two 3 yard containers)
Sugar Festival (two 3 yard containers)
Happy Days in the Park (two 3 yard containers)
Founder' sDay ( two 3 yard containers)

6. 2. 10 Bulky Waste. Allied shall institute and carry out for the Term of this Franchise a free Bulky Waste pick- up program for Small Quantity Generators and a limited Bulky Waste pick- upprogram for Large Quantity Multi -family Generators in accordance with the terms and conditions set forth on Exhibit D attached hereto and incorporated herein by this reference.

6. 2. 11 Equipment Specifications and Maintenance. All trucks i) will be designed to collect Solid Waste and Franchise Recyclables, (ii) shall be of a type customarily used to provide Solid Waste and Franchise Recyclables collection services in cities comparable to the City, and (iii) shall be of an appropriate size to provide services in the applicable areas of the City. Allied shall clean and wash all trucks at least once each week and shall otherwise keep them clean, neat, mechanically well maintained and in a sanitary condition at all times. All vehicles shall be field inspected by someone other than the driver on a regular basis, but not less
than quarterly, for solid or liquid leakage. Allied shall paint its name and telephone number on the side of each truck and on all drop bodies and similar equipment in letters not smaller than four inches high. Each vehicle shall at all times have in the cab, the registration of the truck, certificate of insurance card and an identification card with the name of whom to telephone in case of an accident. Each vehicle shall also be equipped with a five -pound fire extinguisher certified by the State fire marshal, as well as appropriate communications equipment. All of Allied' sequipment may be inspected at the discretion of the City Manager during normal business hours.

6. 2. 12 Spillage. Allied shall exercise all reasonable care and diligence in collecting Solid Waste and Franchised Recyclables so as to prevent spilling, scattering or dropping of Solid Waste or Franchised Recyclables, and shall immediately, at the time of known occurrence, or upon notification by City, clean up any spillage.

6. 2. 13 Disposal of Solid Waste. Allied shall dispose of Solid 18 1810709. 11
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Waste ( which has not been source separated for the purposes of recycling or composting), at its expense, at an approved Sub -title D lined Landfill in accordance with all Applicable Law.

6. 2. 14 Employees. Allied shall provide top quality service by industry standards, including competent, qualified and sober personnel who serve the public in a courteous, helpful and impartial manner. Any employee driving a vehicle shall
license
at
issued
all times have in his possession a valid and appropriate vehicle operator' s by the State. Allied and its employees and agents shall be required to wear clean clothing of a uniform type when engaged in Collection service on public streets.

6. 2. 15 Inquiries and Complaints.
a. Telephones will be attended by competent personnel
providing live customer response from 8: 00 a. m. to 5: 00 p. m. on regular work days.

An answering service shall be provided after hours, weekends and holidays. b. Allied shall have a formal and auditable complaint
procedure. Upon request, City will be provided details of any complaints, including the resolution thereof. Allied shall make a good faith effort to return such calls received by 2: 00 p. m. the same business day, and calls received after 2: 00 p. m. by noon the next business day. Allied shall staff its phones such that the average wait time to reach a customer representative does not exceed ninety ( 90) seconds for any standard calendar month and is otherwise not excessive.

6. 2. 16 Residential Billing. Allied will cooperate with the City to ensure that all necessary information is provided to the City to correctly invoice the Residential dwelling accounts. The City will be responsible for the billing and the collection of such invoices. For each Residential dwelling (regardless of whether or not a water meter is shared and regardless of whether such Residential dwelling is part of a Multi -family structure), the City shall pay to Allied on a monthly basis the applicable Base Rate on Exhibit G ( as adjusted pursuant to the Franchise) and other fees payable by such Residential dwelling (excluding the special charges described in this Section 6. 2. 16). Allied shall suspend service to Residential dwellings for nonpayment as directed by the City. For each Residential dwelling, the City shall make the monthly payments of the applicable Base Rate to Allied regardless of whether or not the City collects such Base Rate from the Residential dwelling. Allied may bill directly to Residential dwelling accounts charges for special services not covered in the standard rates typically charged by the City, provided that such rates are mutually agreed to by Allied and the Residential dwelling account. Allied will be solely responsible for the invoicing and collection of such special charges.

6. 2. 17 Commercial and Industrial Billing. Allied will be responsible for the billing and collection from Commercial and Industrial customers as shown in Exhibit G. Commercial billing shall be monthly one month in arrears.

Industrial billing shall be one month in arrears for non - recurring charges, such as Roll - off container dump and return charges, but regular monthly charges, such as bin 19 1810709. 11
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rental, may be billed monthly one month in advance. Service suspension to Commercial and Industrial customers for nonpayment shall will occur when the account becomes 45 days past due.

6. 2. 18 Public Information / Public Outreach. As needed, Allied shall update a brochure for all classes of new customers and mail the same to the new customers as soon as reasonably possible but in no event later than the date of initial service to such customers. City shall have ten ( 10) business days advance notice to review and approve public information before printing and distribution, including billing inserts and handouts. City' sfailure to respond within such 10 -day notice period shall be deemed City' s approval of such public information. Allied will cooperate with community groups, schools and civic organizations in the City regarding education on recycling and disposal and will cooperate with such groups and organizations with respect to requests for tours of Allied' srecycling facility and the Imperial Valley Landfill.

6. 2. 19 Tagging and Penalties. Allied shall "tag" and collect ( as trash, if necessary) inappropriate set outs of Solid Waste, Yard Waste and Franchise Recyclables by the end of the scheduled service day and shall provide City a quarterly report of same ( or more frequently if requested by City). As used herein " tag" shall consist of a written notice attached to a Container or Cart by Allied containing sufficient information to describe the concern or violation pertaining to the inappropriate set out.

6.2.0 Reports. Monthly, quarterly and annual reports shall be provided to the City Manager regarding Franchise operations. Monthly reports shall be provided on or about the 22nd day of each month for the prior month. Quarterly reports shall be provided on or about the 22nd day of the first month after each calendar year quarter for the prior quarter. Annual reports shall be provided on or about February 22nd of the subsequent year. Unless otherwise agreed upon by the parties, the contents of the reports and their format shall be in substantially the form attached hereto as Exhibit F. City shall have the right to audit such records as necessary to verify operational performance. If the reports and records are found to have major discrepancies with Allied' sreports and/ or the requirements of the Operational Plan, Allied shall reimburse City for the costs directly related to the audit.

City will not request such an audit without having provided Allied with 20 working days to respond to a verification of Operational performance or the contents of a report.

Allied shall meet with the city to discuss reports and performance at the request of the city. In addition, Allied will reasonably cooperate with City in preparing information and reports to be submitted to the California Integrated Waste Management Board.

6. 2.1 Ad Hoc Reports. Allied shall work with the public works director to develop reports or responses to meet informational queries or report requests made by the State Integrated Waste Management Board, Imperial County Waste Management Task Force, or other public agencies, including the City. In addition, Allied agrees to appear before the City Council on a quarterly basis or as requested to provide information on service and rates.
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6. 2.2 Industrial Roll -Off Service. Allied shall provide Roll -off Services and compactor equipment and personnel sufficient to meet the Solid Waste, Recycling demands of Industrial customers. Industrial service shall be handled on an on -call basis in a manner mutually agreeable to Allied and individual customers with the standard being the delivery of bins and/ or Collection service by the end of the next regular business day following a request for service, and same day service shall be available upon request provided that such request is received before 12 noon of the same day. The cost of each service shall be as outlined in Exhibit G.

6. 2.3 Residential Service.
a. In General. On the terms and conditions set forth below Allied shall provide the standard residential service as authorized by the City and shall charge the Maximum Rates as shown in Exhibit G.
b. Cart size optional. Carts shall be approximately 32 -gallons, 64 -gallons and 96 - gallons and the Refuse cart shall be black in color to contrast with the blue Recycling and green Yard Waste Carts. The standard carts given to each Resident shall be " 96 Gallons". Residents, however, may select 32 gallon or 64 gallon carts if they need smaller carts because of ease of handling or storage. Residents must select a cart that will adequately contain all generated Solid Waste without placing additional solid waste next to cart. In addition, no Recyclables, Yard Waste or Green Waste shall be placed in a plastic bag.

Residents that have more excess waste greater than their cart will also have the option of requesting an additional 32, 64 or 96 gallon Refuse Carts for an additional charge per month as noted in the Exhibit G. Residents may increase or decrease the cart sizes as needed but will be charged a Cart exchange fee, as authorized in Exhibit G.
c. Rates. The Residential Rates are itemized in Exhibit G and shall be subject to future adjustments on the terms set forth in Section 7 hereof. d. Residential customers may request a cart exchange if cart is damaged or if deemed necessary by Allied and customer.
e. For Residential customers that are physically handicapped or unable to get their Refuse, Recycling or Yard Waste carts to the curb, Allied will pull such carts to the curb and return if necessary.

6.2.4 Commercial Service. Allied shall provide Commercial services, equipment and personnel sufficient to meet the Solid Waste, Recycling demands of Commercial customers. Commercial service shall be handled on an scheduled basis in a manner mutually agreeable to Allied and individual customers Monday to Sunday. Extra pickup services will be available provided that such request is received before 12 noon of the same day. Commercial customers may request a bin exchange once a
year, if deemed necessary by Allied and customer. Additional exchanges are available for an extra charge. The cost of each commercial service shall be as outlined in Exhibit G.
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6. 2.5 One -Time Alley Cleanup. Within thirty (30) days after Allied begins service under this Franchise, Allied will provide the City a one- time cleanup of Refuse, Green Waste and Bulky Items from alleys in the City. Construction debris shall not be picked up as part of the one- time cleanup.

6. 2.6 Alley Service Policy. If agreed to in writing between Allied and a Residential customer, Allied shall provide alley service upon terms as set forth on Exhibit I ( including, but not limited to, indemnification of Allied by the Residential customer). Except as provided above, Allied shall be responsible for any damages to any property (including, but not limited to, gas lines, sewer lines, and other utilities, whether above or below ground), equipment, pavement, or curbing resulting from Allied' sproviding alley service. Notwithstanding any other provision of this Franchise, Allied shall indemnify, save and hold harmless, the City against and from all damages, including bodily injury and property damages ( including, but not limited to, damage to gas lines, sewer lines, and other utilities, whether above or below ground), losses, liabilities, demands, claims, remediation obligations, judgments, decrees, costs ( including court costs and reasonable attorneys' fees) and expenditures which the City may suffer, to the extent caused by Allied' sproviding alley service.

6. 2.7 Semi -Annual Community Cleanup. Twice per year during the Initial Term or Extended Term of this Franchise, Allied will provide roll -off containers to accept certain waste materials from residents of the City. City and Allied shall mutually agree to the types of waste materials to be accepted as part of the semi- annual cleanup. Residents must show proof that they reside in the City prior to participating in the semi- annual cleanup, and no commercial or industrial users shall be allowed to participate in the semi- annual cleanup.

6. 2.8 Public Right of Way Cleanup. Upon request of the City, Allied will remove debris randomly dumped on the public right of way in the City.

6. 2.9 Construction and Demolition Debris Permit. Allied will attempt to have the Allied Imperial Valley Landfill permitted as a construction and demolition debris recycling facility. In the event the Imperial Valley Landfill is permitted as a construction and demolition debris recycling facility, Allied will provide construction and demolition debris recycling in accordance with the guidelines set forth in Exhibit C.

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7. Rates for Collection and Other Services.

7. 1 In General. In consideration of Allied' s provision of Solid Waste and Recycling services in accordance with the terms of this Franchise, Allied shall be permitted to charge service fees (" Rates") to Generators, except for Generators that are exempt from Rates under this Franchise or under Applicable Law for which, Allied has received prior written approval from City authorizing such exemption Ratepayers"). Notwithstanding the foregoing and except as provided below, in no event shall the Rates charged exceed the maximum Rates established by City Maximum Rates").

7. 2 Initial Collection Rates. The initial Maximum Rates permitted to be charged by Allied and paid by Ratepayers for Solid Waste and Recycling services provided by Allied under this Franchise shall be those set forth on Exhibit G attached hereto and incorporated herein by this reference. The Maximum Rates set forth on Exhibit G shall remain in effect from the beginning of the Term until January 1, 2008.

Thereafter, the Maximum Rates shall be subject to increase by Allied in accordance with the terms of Section 7. 3 hereof, below.

7. 3 Allied' sRight to Increase Collection Rates.

7. 3. 1 Upon each one year anniversary of the date specified in Section 7. 2 for the remainder of the Initial Term and any Extended Term the Maximum Rates noted in Exhibit G ( excluding any City imposed Franchise Fees, Household Hazardous Waste and AB 939 Fees and future allowable " pass throughs" under this Franchise) shall be increased on the following basis:
a. Maximum Rates for Residential, Commercial, Institutional, Industrial/ Roll- off noted in Exhibit G shall be increased each annual anniversary by an amount equal to the product of the previous year' s Maximum Rate multiplied by the percentage increase in the Consumer Price Index ("CPI") for All Urban Consumers ( CPI -U) for the Western Urban Area, Size BIC as published by the United States Department of Labor, Bureau of Labor Statistics for the latest twelve- month period for which statistics are available. The CPI rate as of October 1st of each year shall go into effect on January 1St for the contract year going forward.

7. 3. 2 Allied agrees to coordinate, whenever possible, the concurrent imposition of any pending Rate increase with any pending regulatory fee increases by City.

7. 3. Whenever Franchise Fees and AB 939 Fees are to be subtracted or excluded for purposes of determining Maximum Rates under this Section 7.3, City agrees to meet and confer with Allied with respect to the inclusion or exclusion of any other additional fees by any other Governmental Body for such calculations.
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7. 4 Senior and Other Preferred Rate Schedules. The City Council may, at any time, establish a program for preferential Rates for senior citizens or other classifications which are deemed to be in the public interest. Allied shall have the right to pass through the cost of any decrease in Rates payable by senior citizens or other preferred Ratepayers under such program( s) to the remaining Ratepayers.

7. 5 Allied' s Reserved Right to Request Increases Based on Extraordinary Circumstances. Notwithstanding the foregoing, Allied may submit a request to the City Council for additional Rate relief at any time extraordinary expenses are incurred beyond Allied' sreasonable control. City Council reserves the right to approve or disapprove such a request in its sole discretion.

8. Recycling Services.

8. 1 In General. Allied agrees to provide all necessary labor, services, materials and equipment to implement Residential, Multi -family and Commercial Recycling services for Franchised Recyclables on the terms and conditions set forth below:

8. 2 Collection.

8. 2. 1 Residential Recvcling Generators. Allied shall collect and remove all Designated Recyclables that are placed in a Designated Container at the curbside on public streets or Designated Solid Waste, Yard Waste and Recycling Location, from City of Brawley residents. Allied shall collect the Franchised Recyclables once each week. Collection will be on the same day of the week as the regularly scheduled Solid Waste Collection day. Allied and City will mutually agree to any changes in Collection day. Allied will notify City of Brawley residents of any changes in the Collection day by distributing a flyer no later than two weeks prior to the affected day.

8. 2. Multi -Family Residential Recycling. Collection will be on regularly scheduled days as shall be arranged with the building property owner, manager or designated agent thereof, with service as needed, but no less than every two weeks. Allied and City will mutually agree to any changes in Collection schedule frequencies or Removal Frequency. Allied will notify the building property owner, manager or designated agent thereof, of any changes in Collection day( s) by written notification no later than two weeks prior to the affected day.

8. 2. 3 Commercial. Allied shall provide single stream recycling services to Commercial Customers utilizing steel bins ranging from 4 cubic yards to 8 cubic yards. Collection will be on regularly scheduled days as shall be arranged with the building property owner, manager or designated agent thereof, with service as needed, but no less than every two weeks.
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8. 2. 4 Recycling Markets. Allied shall transport collected Designated Recyclables to locations approved by the state of California for processing and marketing. Should market failure occur for one or more of the Designated Recyclables material types, only the City Manager (or designee) of City may decide not to collect the affected material.

8. 2. 5 Contaminated Designated Recvclables. Designated Recyclables from a single Residential, Commercial or Industrial Generator ( as opposed to an entire vehicle load) that are contaminated due to the placement of Solid Waste in a designated Recycling container, or inclement weather that leaves the Designated Recyclables unmarketable, may be placed in a designated landfill. City agrees to cooperate with Allied in its effort to educate Generators with respect to Allied' srecycling education program ( the " Recycling Education Program") and to urge Generators to comply with the Recycling Education Program.

8. 3 Recycling Education. The parties agree to meet and confer from time to time in order to assess the effectiveness of the Recycling Education Program, and, if necessary, to agree upon appropriate modifications thereto. City also agrees to take such steps as may be reasonably necessary to protect Franchised Recyclables placed at the curbside for Collection by Allied under the terms of this Franchise and shall reasonably enforce City anti -scavenging ordinances, as such ordinances may be amended from time to time by the City.

8. 4 Recycling Rebate. In the event Allied receives a rebate for the sale of commodities collected within the City, Allied shall pay the City 50% of the net - revenue received after a deduction for processing costs.

8. 5 Cardboard Recycling and Associated Fee. To promote recycling within the community, Allied shall reduce the rates for commercial cardboard bins to seventy- five percent ( 75%) of the cost of a same size trash bin. In case of severe repeated contamination of these bins, Allied reserves the right to remove them or replace them with trash bins.

8. 6 Incentive for Commercial Co -mingled Recycling. To promote recycling within the community, Allied shall reduce the rates for commercial recycling bins to seventy- fivepercent ( 75%) of the cost of a same size trash bin.

Cardboard mixed with other recyclable materials may be disposed of in these bins. In case of severe repeated contamination of these bins, Allied reserves the right to remove them or replace them with trash bins.

8. 7 Community Involvement, See Exhibit J for a list of organizations and events typically sponsored by Allied. Exhibit J is provided as an example only and is subject to change from time to time in the sole discretion of Allied. 25 1$0709. 11
4c.6

9. Insurance and Performance Bond.

9. 1 Allied agrees, at Allied' sown expense, to carry comprehensive public liability and automobile liability insurance coverage during the full Term of this Franchise, with City also shown as an additional insured thereunder, covering liability for bodily injuries, death and property damage, arising out of or in connection with the operations of Allied, under this Franchise in an amount not less than $ 1, 000,00 for injuries including death to any one person and in an amount not less than $ 5, 000,00 for any one accident or occurrence, and property damage in an amount not less than 200, 00. Allied further agrees to carry, at Allied' s own expense, workers' compensation insurance in accordance with the laws of the State. Certificates of insurance thereof, shall be deposited by Allied with the City Manager together with endorsements or statements from the insuring companies providing that such policies will not be subject to cancellation until thirty ( 30) days after written notice to City. All of said policies shall be subject to the reasonable approval of the City attorney.

9. 2 Allied shall secure and deliver to the City Manager a twelve ( 12) month performance bond in the amount of $ 1, 000,00 to secure the full, true and faithful performance of all their terms, obligations and conditions of this Franchise on the part of Allied. Allied shall present said bond together with a certificate from the surety showing payment in full for such bond, to the City Manager prior to the commencement of operations pursuant hereto and provide a one- year renewal and certificate of payment prior to the start of each year of this Franchise.

9. 3 In the event of the termination or cancellation of the insurance or bond required hereunder or the failure of Allied to provide the insurance and/ or bond as hereinabove provided, prior to the effective date of such cancellation or termination, this Franchise may be suspended or terminated forthwith by City, by written notice thereof to Allied. Any such suspension shall be for such period or periods as the City Manager from time to time may determine. No liability or obligation shall be incurred by City in favor of Allied by virtue of any such notice or notices or from any such suspension or termination. In the event of such suspension or termination by City upon the failure of Allied to secure and maintain on file said insurance and/ or bond during the full term of this Franchise, Allied shall be liable for any and all damages suffered by City arising out of such suspension or termination.

10. Hold Harmless. Allied shall indemnify, save and hold harmless, City and any elected representatives, officers, employees, agents and volunteers thereof ("City Indemnified Parties") against and from all damages, including bodily injury and property damages, losses, liabilities, demands, claims, remediation obligations, judgments, decrees, costs ( including court costs and reasonable attorneys' fees) and expenditures ( collectively, " Losses") which such City Indemnified Party may suffer, to the extent caused by Allied' snegligent performance of services under this Franchise.

Without limiting the generality of the foregoing, Allied shall defend, indemnify, save and hold harmless any City Indemnified Parties from and against all Losses which such City Indemnified Parties may suffer, or which may be recovered from, or obtainable against such City Indemnified Parties, resulting from any repair, cleanup or detoxification, or preparation and implementation of any Removal, remedial, response, 26 1810709 11
4c.6
closure or other plan or replacement or restoration of natural resources ( regardless of whether undertaken due to governmental action) at any Landfill at which Allied including its successors - in -interest) disposed of Solid Waste collected from City Generators, or activities of Allied or its Affiliates which result in a release or threatened release of hazardous materials into the environment in or around the City or at any Landfill. 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 USC, Section 9607( e), and California Health and Safety Code 25364, to defend, protect, hold harmless and indemnify the City Indemnified Parties from liability. The provisions of this Section 10 shall survive the end of the term or termination of this Franchise. Nothing in this Section is intended to supersede the parties obligation to meet and confer in the event of a Change in Law as provided in Section 5. 1 hereof.

11. Remedies for Default Resolution of Dispute.

11. Defaults. The occurrence of any one or more of the following events shall constitute a material default and breach of this Franchise by Allied:

11.. Allied' sfailure to make any payment of the Franchise Fee or any other sum due under this Franchise, as and when due, where such failure shall continue for a period of ten ( 10) days after written notice from City that such amount was not paid on the date such payments is due;

11..2 Allied' sfailure to observe or perform any of the material covenants, conditions or provisions of this Franchise to be observed or performed by Allied ( other than a monetary default as described in Subsection 11.., above, a minor default as described in Exhibit B, or where such failure is excused by an Uncontrollable Circumstance as described in Section 13. 9below), where such failure shall continue for a period of thirty ( 30) days after delivery of written notice thereof from City to Allied; provided, however, if the nature of such default reasonably requires more than thirty ( 30) days to cure, then Allied shall not be in default in the event that Allied shall commence cure of such breach within the foregoing thirty day period and diligently prosecute such cure to completion; or

11..3 Allied files for bankruptcy protection, or is placed involuntarily into bankruptcy, control of a material portion of its assets thereof is assumed by a receiver or trustee or assigned for the benefit of its creditors, and such proceeding or condition is not dismissed or vacated within thirty (30) days of its commencement; or

11..4 Allied' sexcessive commission of minor defaults as more specifically described in Exhibit B.

11. 2 Remedies Upon Allied' sDefault. Upon the occurrence of any event of default by Allied, City shall have any and all remedies available to City at law or in equity. Without limiting the generality of the foregoing, City shall have the following remedies:
27 1810709. 11
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11. 2. Liquidated Damages. City may assess liquidated
damages against Allied for unsatisfactory performance under the terms and conditions of this Franchise ( except where such failure is excused by an Uncontrollable Circumstance as described in Section 13. 9 below). A description of the actions or omission which will result in damages and the monetary amount of damages corresponding thereto is attached hereto as Exhibit B. City will provide Allied with five 5) days written notice of any proposed assessment. Allied will have the right to appeal City' s assessment to the City Manager.

11. 2. Termination. If Allied shall fail, neglect or refuse to comply with any of the material conditions of this Franchise ( other than where such failure is excused by an Uncontrollable Circumstance as described in Section 13. 9), and if such failure, neglect or refusal shall continue for more than thirty ( 30) days after written demand by the City Manager for compliance therewith ( subject to extension as described in Section 11..2), then City, by the City Council, in addition to all rights and remedies allowed by law, thereupon may terminate the right, privilege and Franchise granted hereby, and all the rights, privileges and this Franchise of Allied granted hereby shall thereupon be at an end. Thereupon and immediately, Allied shall surrender all rights and privileges in and to this Franchise granted hereby.

11. 2.3 Self Help. In the event Allied fails, refuses, or neglects to collect and dispose of Solid Waste or Franchised Recyclables set out or placed for Collection at the time and in the manner herein required ( after delivery of notice by City of City' sintention to exercise its rights under this Section 11. 2.3), City may collect and dispose of the same or cause the same to be collected and disposed of and Allied shall be liable for all expenses incurred in connection therewith. Such remedy of City shall be cumulative and in addition to any and all other remedies it may have in the event of such failure, refusal or neglect of Allied. The Collection, Processing and disposal of Solid Waste or Franchised Recyclables by City or by others as aforesaid shall not be deemed an election of remedies which shall preclude City from availing itself of additional remedies for Allied' sbreach of contract.

11. 2.4 Remedies Cumulative. No provision herein made for the purpose of securing the enforcement of the terms and conditions of this Franchise granted hereby shall be deemed an exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and conditions, but the remedies and procedure outlined herein or provided, including forfeiture, shall be deemed to be cumulative.

11. 3 City' sDefault. City shall be in default of its obligations hereunder as a result of a breach by City of any material obligation required to be performed by it hereunder ( other than where such failure is excused by an Uncontrollable Circumstance as described in Section 13. 9) if City fails to cure such default within thirty days after the receipt of written notice from Allied specifying such default; provided, however, if the nature of City' s default is curable, but more than thirty days are required therefore, City shall not be in default so long as it has commenced performance of such cure within said thirty day period and thereafter diligently pursues 28 1810709 11
4c.6
the same to completion. Upon any default by City hereunder, Allied shall be entitled to pursue any and all rights provided at law or in equity. Notwithstanding the foregoing, City shall not be in default under this Agreement for any act or omission by City where City is required by law to exercise independent legislative quasi- judcial, judicial or administrative discretion.

11. 4 No Waiver of Remedies. The failure of either party at any time to require performance by the other of a provision hereof, shall in no way affect the right of such party entitled to performance to enforce the same thereafter. Nor shall the waiver of either party of any breach of any provisions hereof be construed to be a waiver of such provisions or of any succeeding breach thereof.

11. 5 Administrative Review of Disputes. Prior to commencing litigation, a party shall first give the other party written notice of any dispute with respect to this Franchise. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute, and the name of a mediator selected by such party to mediate the meeting. City shall keep a record of the proceedings conducted and information presented during such meeting. The cost of such resolution shall be divided and paid equally by the parties. In the event that such dispute cannot be resolved by the parties hereto within thirty (30) days, the matter may be referred by mutual agreement of the parties to non -binding arbitration, or by either party to legal proceedings. Neither party may act to terminate this Franchise for cause except at the conclusion of the meeting of the parties held pursuant to this Section 11. 5, or in the event the parties have referred the dispute to arbitration, at the conclusion of the arbitration.

12. Renewal. This Franchise may be renewed as follows:

Where a contract or Franchise has been entered into between the City and an operator and the operator has satisfactorily performed under such contract or Franchise, the City Council, without inviting bids or proposals therefore, may, either prior to or after the expiration of such contract, extend or renew the same upon the same conditions or such other conditions as are mutually acceptable to the City Council and Allied.

Notwithstanding the foregoing, Allied acknowledges and agrees that Allied has no right whatsoever to require City to renew or extend this Franchise, and City retains the right, in its sole discretion to decide to renew or extend this Franchise, or not to renew or extend this Franchise.

13. General Provisions.

13. Authority. Each party represents that it has full right, power and authority to execute this Franchise and to perform its obligations hereunder, without the need for any further action under its governing instruments, and that the parties executing this Franchise on behalf of such party are duly authorized agents with authority to do so.
29 1810709. 11
4c.6

13. 2 Assignment. Except as expressly provided herein, neither this Franchise, nor any rights or interest herein, shall be assigned by either party. Any attempted assignment in violation of this section shall be void and shall constitute a material default entitling the other party to terminate this Franchise. Notwithstanding the foregoing, Allied may assign this Franchise without the consent of the City to an affiliate of Allied, or as a collateral assignment to any lender to Allied or any of its affiliates.

13. 3 Counterparts. This Franchise may be executed in multiple copies, each of which shall be deemed an original, but all of which shall constitute one agreement after each party has signed such a counterpart.

13. 4 Entire Agreement. This Franchise, together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. The headings in this Franchise are inserted for convenience only, and shall not constitute a part of this Franchise or be used to construe or interpret any of its provisions.

13. 5 Exhibits. All exhibits referred to herein are attached hereto and incorporated herein by this reference.

13. 6 Governing Law. This Franchise shall be governed, interpreted, construed and enforced in accordance with the laws of the State of California.

13. 7 Notice. Any notice that may be given to either party under or with respect to this Franchise shall be deemed to have been given when delivered personally or when sent by registered or certified mail, postage prepaid, addressed as follows:

ALLIED:

Allied Waste Services of Imperial Valley
3354 Dogwood Road
Imperial, California 93251
Attn: John Lau
with a copy to:

Allied Waste North America, Inc.
8364 Clairemont Mesa Boulevard
San Diego, California 92111
Attn: James T. Ambroso, District Manager
30 1810709. 11
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CITY:

City of Brawley
City Hall
400 Main Street
Brawley California 92227
Attn: City Manager
with a copy to:

Horton, Knox, Carter & Foote
895 Broadway
El Centro, California 92243
Attn: Dennis Morita

13. 8 Successors. Subject to the restrictions on assignment, all terms of this Franchise shall be binding upon, inure to the benefit of, and be enforceable by the parties hereto and their respective heirs, legal representatives, successors, and assigns.

13. 9 Uncontrollable Circumstances. Except as otherwise specifically provided in this Franchise, neither Allied nor City shall be in breach of this Franchise for any temporary failure or delay in the performance of any obligation under this Franchise ( other than any payment at the time due and owing) to the extent such failure or delay is due to the occurrence of an Uncontrollable Circumstance; provided, however, the party experiencing an Uncontrollable Circumstance shall not be in breach only if such party complies with the requirements in this Section 13. 9. The party experiencing an Uncontrollable Circumstance shall notify the other party by telecommunication or telephone and in writing immediately after the party experiencing such Uncontrollable Circumstance first learns of the commencement thereof, followed within forty- eight hours by a written description of (1) the Uncontrollable Circumstance and the cause thereof ( to the extent known) and ( 2) the date the Uncontrollable Circumstance began and the cause thereof, its estimated duration, the estimated time during which the performance of such party' sobligations hereunder will be delayed. Each party shall provide prompt written notice of the cessation of such Uncontrollable Circumstance. A party' s obligations hereunder shall be delayed commencing at the date of Notice for only so long as the Uncontrollable Circumstance continues and prevents full compliance with Franchise obligations.

Whenever such act, event or condition shall occur, the party claiming to be adversely affected thereby shall ( a) use its commercially reasonable efforts to eliminate the cause therefor, (b) minimize the adverse impacts caused thereby, and (c) shall take all reasonably necessary and appropriate actions, including, if necessary, bringing in labor and equipment from unaffected areas to resume full performance under this Franchise as quickly as possible.

13.0 Other Governmental Bodies. In the event any value paid to City under this Franchise is to be shared with or otherwise paid over to any other Governmental Body, City shall be solely responsible for transferring such value to 31 Dil Vg 11
4c.6
such Governmental Body, without any indemnification or any other reimbursement from Allied or its Affiliates under this Franchise. Notwithstanding the foregoing, any such requirement shall be considered a Change in Law pursuant to the terms of this franchise and this Section shall not relieve Allied or its Affiliates of its obligations under section 5. 1 hereof.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURES ON FOLLOWING PAGE.]
32 1810709. 11
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6. This Agreement contains the entire agreement between the parties with respect to the Transactions and supersedes all prior agreements, proposals or representations, arrangements or understandings, written or oral, with respect thereto.

7. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

IN WITNESS WHEREOF, City and Allied have caused this Agreement to be executed effective as of the date first written above.

CITY:

City of Brawley,
a municipal co
Approved as to form by
1810709. 11
3 ALLIED:

Allied Waste Services, Inc.,
a Delaware corporation
dba Allied Waste Services of Imperial
Valley
By:
ames T. Ambroso
Its: District Manager
By: L/: r4erA
Print Name and
rare / A14_ 7t/ ikuvirTitle)
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EXHIBIT A
Purchase and Sale Ageement
See attached.
4c.6

PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT ( the "Agreement") is executed this 1st day of September, 2006, by and between Allied Waste Services, Inc., a Delaware corporation, dba Allied Waste Services of Imperial Valley (" Allied"), and the City of Brawley, a chartered municipal corporation of the State of California ("City").

RECITALS
A. City owns certain assets used in connection with waste collection in and around Brawley, California and listed on Schedule 1 ( the "Assets").

B. Allied and City have entered into that certain Solid Waste Disposal and Recycling Franchise Agreement, effective as of September 1, 2006 ( the " Franchise Agreement"). Pursuant to Section 4. 2 of the Franchise Agreement, Allied has agreed to purchase and City has agree to sell the Assets.

NOW THEREFORE, in consideration of the premises, the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

AGREEMENTS

1. Subject to the terms and conditions set forth in this Agreement, as of the date hereof, City sells and assigns to Allied, and Allied purchases from City, all of City' s right, title and interest in and to the Assets free and clear of all encumbrances. The purchase price for the Assets is $ 300, 00. (the " Purchase Price"), payable by Allied to City in immediately available funds on the date of this Agreement.

2. By execution of this Agreement, City represents and warrants that:
a) City has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. b) The execution, delivery and performance of this Agreement by City and the consummation of the transactions contemplated by this Agreement ( the Transaction?) will not violate, conflict with or result in the breach of any of the terms of any material contract or agreement to which City is a party or to which City or any of the Assets are bound or subject.
c) There are no actions, suits or proceedings pending, or to the knowledge of City, threatened against or involving City that would have a material adverse effect upon the Transactions.
d) City has good and marketable title to the Assets, free and clear of all debts and encumbrances, and, by virtue of the grant, conveyance, sale, transfer, and 1810709. 11
4c.6
assignment of the Assets hereunder, Allied shall receive good and marketable title to the Assets, free and clear of all debts and encumbrances. e) The Assets are in good and serviceable condition and repair subject to normal wear and tear). City has not, nor, to the best of City' sknowledge, has anyone else, made any modifications to any of the Assets that would void or invalidate any manufacturer' swarranty or cause the Assets not to be in compliance with any applicable law.
f) There is no contract, agreement or other arrangement granting any individual, partnership, firm, corporation, limited liability company, association, trust, unincorporated organization, governmental authority or other entity any preferential right to purchase the Assets.
g) The sale of the Assets to Allied hereunder does not require the consent of any person or entity, including any governmental entity.

3. By execution of this Agreement, Allied hereby represents and warrants that:
a) Allied has all requisite power and authority to execute and deliver this Agreement and to perform its obligations under this Agreement. b) The execution, delivery and performance of this Agreement by Allied and the consummation of the Transactions will not violate, conflict with or result in the breach of any of the terms of any material contract or agreement to which Allied is a party or to which Allied or any of the assets of Allied are bound or subject. c) There are no actions, suits or proceedings pending, or, to the knowledge of Allied, threatened against or involving Allied that would have a material adverse effect upon the Transactions.

4. Allied shall be responsible for and shall promptly remit to the applicable taxing authority, all sales, transfer or other taxes associated with the transfer of the Assets to Allied pursuant to this Agreement.

5. Each party agrees to indemnify and hold harmless the other party and its partners, officers, members, managers, directors, divisions, subdivisions, affiliates, shareholders, agents, employees, successors and assigns ( the " Indemnified Parties") from and against any and all liabilities, losses, damages, costs, expenses and disbursements, including reasonable legal fees, expert witness fees, litigation related expenses, and court costs in such litigation or proceeding, whether arising out of a claim or loss of or damage to property or injury to or death of any person, including any Indemnified Party, or otherwise, caused by the breach of any agreement, covenant, representation or warranty of such party in this Agreement. The indemnification provisions in this Section 5 are in addition to any statutory, equitable or common law remedy any party may have for breach of any representation, warranty or covenant.

Any payments made to an Indemnified Party pursuant to this Section 5 shall be treated as an adjustment to the Purchase Price.
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SCHEDULE 1
ASSETS
TRUCKS
Vehicle Lic# Year Make
E072858 1987 GMC
E356853 1991 Peterbuilt
E356852 1991 Peterbuilt
E356851 1991 Peterbuilt
E037948 1995 Volvo
1105186 2002 Peterbuilt
1076457 2000 Peterbuilt
1121040 2002 Peterbuilt
1202297 2006 Peterbuilt

COMMERCIAL CONTAINERS
Model
Leach
Garbage Trk
Garbage Trk
Garbage Trk
Pakmore Trk
Garbage Trk
Garbage Trk
Garbage Trk
Garbage Trk
1, 050 two (2) — four (4) cubic yard steel containers
CARTS
2, 400 sixty- four (64) — ninety- six (96) gallon plastic carts VIN #
1 G8P7D1Y3HV101736
1 XPZH78X4MD705889
1XPZH78X4MD705888
1XPZH78X0MD705090
4X52AFHD7TR475560
1N PZHZ8XX2D714227
1N PZHZBX51D713047
1N PZHZ8X1 30714862
1N PZHD8X96D716432
4 1810709. 11
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EXHIBIT B
Liquidated Damages
The parties agree that calculating damages caused by Allied' sfailure to adhere to performance standards is difficult if not impossible to ascertain. Consequently, the parties agree that the following liquidated damages schedule shall reflect liquidated damages that shall be payable to City in accordance with the terms hereof, and Section

11. 2.of the Franchise.

Unsatisfactory
Service Indicator Description
Penalty
Amount
1 Missed Pick Up
Response Time
Section 6. 2.8]
Failure To Collect Missed Pick -Up By The
End Of The Next Business Day After The City
Notification.

Each Additional Business Day After
Receiving Notification From City.

15. 00

25. 00
2 Failure To
Respond
Section 6. 2. 15]
Failure To Make A Good Faith Effort To
Resolve Customer Request By Next
Business Day.

15. 00
3 Improper
Imposition Of
Special Service
Section 7. 1]
Franchisee Charges For A Special Service
Not Included In Exhibit F Or By Prior City
Written Approval.

50. 00
4 Spillage Or Litter
Section 6. 2. 12]
Failure To Make A Good Faith Effort To
Clean Up Spillage Or Litter Within 90 Minutes
After Notification By The City Or Customer.

15. 00
5 Processing Claim
For Damages
Failure To Respond In Writing To A Damage
Claim Within 30 Days Of Receipt and Initiate
A Process To Resolve.
100. 00
6 Remitting City
Fees
Section 4.3.2]
Failure To Remit City Fees By The 22" p Of
The Month. City Fees shall be deemed
remitted to the City the day they are
deposited in the U. S. Mail ( as reflected by the
post mark) addressed to the City.
1%% of the
Amount of
Late
Payment
7 Providing Reports
Section 6. 2. 20]
Penalty Assessed For Not Providing All
Reports By The 22" d Of The Month.

Recycling Revenue Reported Will Always Be
60 Days In Arrears. Reports shall be
deemed to have been provided to the City the
day they are deposited in the U. S. Mail ( as
reflected by the post mark) addressed to the
City.

Each Additional Day Late:
100. 00

15. 00
8 Billing Problems Failure To Resolve A Billing Complaint Within 25. 00 5 1810709 11
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Section 6. 2. 17] 50% Of The Billing Cycle Time Period.

Each Additional Day Problem Not Resolved. 5. 00
9 Container Supply Failure To Repair Or Replace Inoperable 25. 00 Section 6. 2.3 Containers/ BinsWithin Fourteen Working
d)] Days Of Request.

5. 00
Each Additional Day Problem Not Resolved.
10 Unauthorized Contractor Operating During Hours Not 100. 00 Operating Hours Previously Authorized By City.

Section 6. 2. 1 ]
11 Tagging Materials Failure To Tag Or Otherwise Collect On The 15. 00 Section 6. 2. 19] Same Day And Properly Dispose of
Contaminated Or Improperly Set Out
Materials.
12 Equipment Equipment Not Maintained To Franchise 25. 00 Maintenance Standards.

Section 6. 2. 11 ]
13 Improper Disposal When Materials Collection From Source Section 6. 1] Separated Program Intended For Diversion
Are Disposed Of At A Landfill Or
Transformation Facility Without Prior City 50. 00
Approval. 50. 00
Up To First Ton:

Every Ton Or Part Of A Ton
Thereafter:
14 Excessive Damages Amount Increase When Contractor
Violations Has Received A Penalty For A Particular
Service Indicator More Than 15 Times Per 15% per
Quarter. After 15 Violations In A Category,
the Damages Amount Will Increase By An
quarter
Additional 25% For Each 5 Additional
Penalties.

1. Cross References. Where an unsatisfactory service indicator includes a crossreference to a Section of the Franchise, any additional or inconsistent performance standards set forth in this Schedule shall govern.

2. Following Day Obligations. In each case where a cure for unsatisfactory performance can be rendered within a specified time period, if the expiration of such time period falls on a non -business day, Allied' sright to cure shall be extended until the following business day.

3. Penalties for Additional Days in Breach: Minor Violations, Allied may obtain relief from " Each Additional Day Late" damages by providing notice to City of the problem and by diligently proceeding to cure the problem as quickly as possible, subject to City' s approval. The City will not unreasonably withhold arequest for additional time to cure.

In addition, minor occasional violations with advance notice from Allied and prompt cure 6 1810709. 11
4c.6
may be excused at the discretion of the City Manager.

4. Right to Appeal. Allied will have the right to appeal any City Assessment to the City Manager.

5. Single Assessment. Where a single operational failure may potentially constitute multiple violations, such failure will constitute only a single violation, subject to only one penalty.
7 1810709 11
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EXHIBIT C
Construction Demolition Guidelines
The fees, vehicles and safety equipment used for collecting standard household waste are not designed to handle large quantities of construction or landscape debris. When building, remodeling or re -landscaping homeowners shall be encouraged by City and Allied to reuse materials on site whenever possible. When homeowners cannot reuse the materials on site they should contact Allied Waste Systems to request an appropriately sized demolition Recycling or waste bin. Small Quantity Generators may also haul the waste to an appropriate recycler or landfill themselves. Construction and demolition debris is not considered standard Residential waste.

Household waste service is not an acceptable means of disposing of landscape or demolition debris in excess of 200 pounds. When disposing of small quantities of demolition or landscape debris please observe the following guidelines:

A small quantity of rock, bricks, dirt, wood or other demolition debris that is generated as an incidental part of regular home occupancy will be collected as long as the driver believes it is safe for him and the equipment to do so, The material must be free of protruding nails, glass or sharp objects, The demolition debris must be less than 10% of the total waste being collected and the Allied Collection personnel makes the final determination regarding the 10% limit,
Standard, manual trash containers must weigh less than 60 pounds when collected and an automated container must weigh less than 250 pounds ( or the maximum weight identified on the container by manufacturer) when collected,
Wood must be free of nails, glass or sharp objects and cut into four foot lengths or less and placed into a waste receptacle or tied into bundles weighing less than 35 pounds each,
Non painted wood should also be free of nails or sharp objects and should be bundled and placed as Yard Waste not trash.

When quoting a demolition Roll -off or bin for concrete/ asphalt, clean dirt and wood the customer shall be instructed to keep the items separate from each other and regular Garbage so it may be recycled not land filled. 8 1810709 11
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EXHIBIT D
Free Bulky Pick -Up Policy
Small Quantity Generators
The program is intended to provide Small Quantity Generators with free Collection service for bulky items generated from the " standard" Residential use of a single family dwelling. The " standard" is based on the number, frequency and type of items generated. Items that do not meet that standard may be subject to additional fees.

A Free service includes up to one free service stop per week for non -hazardous, non- infectious household bulky items such as a sofa, chair, mattress, lawn furniture, barbecue, or appliance than can be easily and safely moved by hand or hand truck. Free bulky service does not include items brought from another location or generated from a business such as an auto mechanic or upholstery business conducted at home. Such items will be subject to surcharge based upon a per item fee or an hourly rate as allowed in Exhibit G.

B Collection of more than 5 household bulky items in any week, or 30 items in any 90 day period may be subject to a surcharge based upon a per item fee or a hourly rate as allowed in Exhibit G.

C Allied shall provide service on an on call basis, with 48 hours notice from the customer on the next regular Residential trash service day for that residence.

D Whenever possible, the customer should dismantle or break down items so they may be easily and safely collected. Each item shall weigh less than 60 pounds if they need to be removed by hand.

E Items over 60 pounds shall be prepared by residents so they can be safely collected on a hand truck. Collection of items that cannot be safely collected with a hand truck may be subject to a hourly surcharge, with prior approval of resident as allowed in Exhibit G, or may be tagged with an explanation and left.

F Collection on any day other than the standard Refuse and Recycling day is subject to an extra service charge for the first five items and every additional item as allowed in Exhibit G.

G Loose construction demolition, Yard Waste and other items are not considered bulky items and should be properly recycled or disposed of at a permitted drop- off facility or the customer may subscribe to temporary Roll -off Box/in Collection service as appropriate.

H Allied shall sponsor the " Free Landfill Passes" program for Small Quantity Generators. Small Quantity Generators shall be eligible for two (2) Free Refuse Landfill Passes and two (2) Free Yard Waste Service Passes. The passes are limited to one ton of material.
9 1810709. 1t
4c.6
Free Bulky Pick -Up Policy
Large Quantity Multi -Family Generators
A The free program is intended to collect only those items generated from the dwelling Units as a part of normal Residential use.

C Allied shall provide up to one free service stop per month for non -hazardous, non- infectious materials such as a sofa, chair, mattress, lawn furniture, barbecue, or appliances that can be easily and safely moved by hand or hand truck. Free Collection does not include construction & demolition debris.

D Free Service is to be provided on an on call basis, with 48 hours notice from the customer.

E Collection to be performed on the same day as Residential Trash for their service area.

F Items shall be dismantled or broken down so they may be easily collected and loaded. Items shall weigh less than 60 pounds if they need to be removed by hand. Items over 60 pounds shall be prepared by residents so they can be collected on a hand truck. Example: carpet shall be cut into four foot widths, rolled into sections weighing under 55 pounds and secured with twine or packing tape so that it can also be moved by a hand truck.

G All items for one complex must be ready for Collection at one time and at one location in the complex that is accessible to the Allied bulky Collection vehicle.

Location to be established at the time of 48 -hour notice.

Free Collection is limited to up to 5 items for every ten Units in the complex. ie, a building with 11 Units gets up to 5 items, a building of 21 Units gets up 10 items).

Collection of more than the standard number of items will result in a per item charge. Additional items that are not collectible by one employee with a hand -truck will be subject to a per hour charge as allowed by Exhibit G.

J Collection on any day other than the standard day may include a service charge for the first five items and per item charge every additional item as allowed in Exhibit G.
i Loose construction/ demlition, Yard Waste and other items are not considered bulky items and should be properly recycled or disposed of at a permitted drop- off facility ( see demolition guide) or the customer may subscribe to temporary Roll -off Box/in Collection service with Allied as appropriate. 10 1810709. 11
4c.6

EXHIBIT E
INTENTIONALLY LEFT BLANK].

E rar M
1810709 11
4c.6

EXHIBIT F
General Reporting Requirements
Quarterly and annual reports shall include a cumulative and up to date accounting of the monthly report and shall be substantially in the form attached to this Exhibit F.

ECCNUIC
1810709. 11
4c.6
D
1 d
A
a
1 0
0000
0 0 0
a O O 0
0 0 0 a
0 a a
0 0 0 a
0 O O 0
0 O 0 a
O 0 0 0
0 0
O
0 0
0 0
O 0 0 0
1 00 a
a
0 0 0 0 0 0
00 0 0 0 0
0 0
i
0 O O
0 O
0 0 0
0 0 a O a
00 0 0 a
0 0 0 0 0 O
00 0 0 O O
0 0 0 0 0 a
O 0 O O a
0 0 0 0 O
00 0 0 a 0
0 0 0 0 00
1 04
O 0 0 0
0 0 0 0
a a 0 0
0 0 0 a
0 0 0
0 0 a
0 0
0 0
0 a
0 0 O O a
0 0 O a
1 0 0 4 0
1 aqui
4 z
4c.6
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4c.6
4c.6

EXHIBIT G
Maximum Rates
Effective September 1, 2006
Residential Rates Maximum Base Rate Max billed rate w/
Franchise fees
Residential Dwelling Units 14.71 Unit. Mo 17. 82/ Unit. Mo Multi Family Dwelling
Units

13. 00/ UnitlMo 14. 41/ Unit. Mo
Commercial rates Maximum Base Rate max billed rate w/
franchise fees
Commercial Bins ( Mthly Rates) Rate Table Attached
Minus 15%.

See Rate Table Attached
Commercial Carts ( Mthly
Rates)
Rate Table Attached
Minus 15%.

See Rate Table Attached
Commercial Recycling Bins
Mthly Costs)
Rate Table Attached
Discounted 25%
No Franchise Fee)
Rate Table Attached
Discounted 25%
No Franchise Fee)
Commercial Bins/ Extra Pickup 34. 00 per Lift 40. 00 per Lift Locking Container Fee 10. 00/ Container/ Mth 10. 00/ Container/ Mth Container Exchange Fee
One Allowed Per Year at No
Add' ICharge)

42. 50/ Exchange 50. 00/ Exchange
DOCNUM^
1810709. 11
4c.6
Maximum Base Rate MAX BILLED RATE W/

FRANCHISE FEES
Temporary / Permanent
Boxes
150. 00/ Load Plus Actual
Landfill Fee Minus 10% of
Load Rate Only
150. 00/ Load Plus actual
Landfill fee
Roll Off Box Rental Fee
Per Day)

4. 50/ Box 5. 00/ Box
Additional Fees Maximum Base Rate MAX BILLED RATE W/

FRANCHISE FEES
Residential/ Extra PickUp

7. 88/ Unit/ Pickup 10.0/ Unit/ Pickup
Residential/ CommercialExtra Bulk Pick -Up
Not on regular day)

15. 60 First Item plus

11. 70 for each
additional item

20. 00 First Item

15. 00 Each Add' Iitem
Residential/ Extra Cart Rental 3. 00/ Cart/ Mth 3. 66/ Cart/ Mth Residential/ CommericalCart Exchange Fee

11. 70/ Cart 15. 00 Cart
Residential Alley Service Fee 4. 68/ UnitiMth 6. 00/ Unit/ Mth DOCNar
1810709. 11
4c.6
Attachments to Exhibit G
Commercial Trash Rate Table
Effective September 1, 2006
1 2 3 4
CX

1. 5 79. 30 100. 90 122. 50 144.0 165. 80 187. 40
CA
2 86. 50 115. 30 144.0 173. 00 201. 80 230. 60
CB
3 100. 90 144.0 187. 40 230. 60 273. 90 317. 10
CC
4 115. 30 173. 00 230. 60 288. 30 345. 90 403. 60
CD
5 129. 70 201. 80 273. 90 345. 90 418. 00 490. 10
CE
6 144.0 230. 60 317. 10 403. 60 490. 10 576. 60
CF
7 158. 60 259. 50 360. 40 461. 30 562. 20 663. 10
CG
8 173. 00 288. 30 403. 60 518. 90 634. 20 749. 50
CH
9 187. 40 317. 10 446. 80 576. 60 706. 30 836. 00
CI
10 201. 80 345. 90 490. 10 634. 20 778. 40 922. 50
CJ
11 216.0 374. 80 533. 30 691. 90 850. 40 1009. 00
CK
12 230. 60 403. 60 576. 60 749. 50 922. 50 1095. 50
CL
13 245. 00 432.0 619. 80 807. 20 994. 60 1182. 00
CM
14 259. 50 461. 30 663. 10 864. 90 1066. 70 1268. 50
CN
15 273. 90 490. 10 706. 30 922. 50 1138. 70 1354. 90
CP
16 288. 30 518. 90 749. 50 980. 20 1210. 8 1441. 40
CQ
17 302. 70 547. 70 792. 80 1037. 80 1282. 90 1527. 90
CR
18 317. 10 576. 60 836. 00 1095. 50 1354. 90 1614. 40
CS
19 331. 50 605. 40 879. 30 1153.0 1427. 00 1700. 9
CT 20 3485. 90 634. 20 922. 50 1210. 8 1499.0 1787. 40
4c.6
Additional Cart Service Rate Table
Effective September 1, 2006

RATE CODE SERVICE SERVICE CHARGE
TR- 1 Flat Rate Trash
Residents)

17. 82 -Minimum Bill

17. 82- Minimum- Add' IUnit
TR- 2 Rate Additional Units
Multi -Family)

14. 41 -Minimum Bill

14. 41- Minimum- Add'IUnit
TR- 3 Three Collections/ Week 28. 60 -Minimum Bill

28. 60- Minimum- Add' lUnit
TR- 4 Four Collections/ Week 37. 01 -Minimum Bill

37. 01 -Minimum Add' IUnit
TR- 5 Five CollectionsiWeek 45.2 -Minimum Bill

45.2 -Minimum Add' iUnit
TR- 6 Rooming House Plus
Rooms

17. 82 -Minimum Bill

2.9- Minimum Add' lUnit
TR- 7 Commercial & Residential 20. 19 -Minimum Bill

17. 82 -Minimum Add' IUnit
TR- 8 Commercial Sharing Cart 20. 19 -Minimum Bill

20. 19 -Minimum Add' lUnit
TR- 9 Two 90 -Gallon Carts 35. 64 -Minimum Bill

35. 64 -Minimum Add' IUnit
C{.. NUM'
1810709. 11
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Exhibit H
Labor Subcontract Agreement
See attached.

E.:' NUM..
1810709 11
4c.6

LABOR SERVICES AGREEMENT
THIS LABOR SERVICES AGREEMENT ( the " Agreement") is made and entered into effective as of September 1, 2006, by and between the City of Brawley, a chartered municipal corporation of the State of California (" City") and Allied Waste Services, Inc., a Delaware corporation, dba Allied Waste Services of Imperial Valley (" Allied").

WHEREAS, Allied and City have entered into that certain Solid Waste Disposal and Recycling Franchise Agreement, effective as of September 1, 2006 ( the " Franchise Agreement").

WHEREAS, pursuant to Section 4. 2 of the Franchise Agreement and the related Purchase and Sale Agreement, Allied has purchased from the City the trucks listed on Exhibit A ( the Assets").

WHEREAS, pursuant to Section 4. 3. 2 of the Franchise Agreement, the City has agreed that the City' s drivers will provide the Services ( as defined below) for the period of time set forth in this Agreement.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

1. Provision of Services. During the Term ( as defined below), City shall provide to Allied the following services ( the " Services"): City employees shall ride along with Allied' s drivers and advise Allied' s drivers with respect to routes ( such routes shall be the normal routes serviced by the City in the ordinary course prior to the date of this Agreement), operation of the Assets, and any special customer needs, so that Allied' s drivers may collect waste materials in accordance with the Franchise Agreement. In no event will the City employees operate any of the Assets or any other equipment of Allied.

As the employer for all of its employees providing Services, the City shall continue to be solely responsible for compliance with all federal, state and local employment laws applicable to its employees.

2. Term. The term (" Term") of this Agreement shall commence on the date hereof and shall expire on October 1, 2006.

3. Compensation.
a) As payment for all Services rendered under this Agreement, City shall be entitled to deduct from the Base Rates payable to Allied pursuant to the Franchise Agreement the sum of the following labor costs for the City employees providing Services under this Agreement:
the hourly rate for the applicable City employee ( determined in accordance with the salary schedule attached as Exhibit B) providing Services under this Agreement multiplied by the number of hours actually worked by the applicable City employee providing Services during the Term. b) On or before October 16, 2006, City shall prepare and deliver to Allied such supporting documentation as may be required by Allied to support a deduction from the Base Rates as provided above. Within fifteen ( 15) days after the City delivers such supporting documentation to Allied, Allied shall notify the City of its approval or disapproval of the proposed deduction from 1822861. 51 of 9
4c.6
the Base Rates. In the event Allied does not provide any notice within such fifteen ( 15) day period, the proposed deduction from the Base Rates in the City' s notice shall be deemed approved by Allied, and the deduction of such labor costs described in Section 3(a) for the entire Term shall be deducted from the November 2006 payment to Allied. No deduction described in this Section 3 shall be made by the City until: ( 1) the Services have been completed; and ( 2) such Services conform to the requirements of this Agreement and the quality of such Services is consistent with City' srepresentations and warranties in this Agreement. Any disputes with respect to this Section 3 shall be handled in accordance with the provisions of Section 17.

4. Independent Contractor, Responsibility for Employees. a) City acknowledges and agrees that it is an independent contractor, that neither it nor any of its employees are employees of Allied, and that Allied will make no federal, state, or local tax or unemployment insurance or social security withholdings from payments of the amount payable to City hereunder. City shall report and pay any contributions for taxes, unemployment insurance, social security and other benefits ( collectively " Taxes") for itself and its employees. City further acknowledges and agrees that neither it nor its employees are entitled to or eligible to participate in any of Allied' slife, disability, health and dental insurance programs, 401( k) plan, vacation benefits, pension program, or any other benefits available to employees of Allied.

City shall indemnify, defend and hold Allied and its directors, officers, affiliates, subsidiaries, parents, shareholders, agents, employees, successors and assigns ( collectively, the " Allied Indemnified Parties") harmless from and against any and all costs, liabilities, obligations, claims, penalties, fines or losses, including attorneys' fees and costs ( collectively, "Losses"), resulting from or in any way related to City' sfailure to pay any Taxes ( including the employer' sshare of employment taxes should City or its employees ever be found to be an employee of Allied notwithstanding the contrary provisions of this Agreement). b) City shall ensure that its employees have the appropriate qualifications including certification and training), consistent with all applicable laws, to perform the duties related to the Services. City shall be solely responsible for ensuring that its employees are legally authorized to work in the United States. City shall ensure that its employees are able to perform the essential functions of the duties required by Allied, with or without a reasonable accommodation. If an accommodation is necessary, City will be responsible for all costs, if any, associated with the provision of such an accommodation.
c) City shall ensure, in a manner consistent with applicable law, that all of its employees providing Services hereunder report for and remain at work free from the effects of alcohol and the illegal use of drugs and in condition to perform the Services. Allied reserves the right to ensure that the City' semployees performing Services hereunder do so free from the effects of alcohol and the illegal use of drugs, and Allied maintains the right to reject or discontinue the use of any of the City' s employees.
d) Allied shall be entitled to examine City' s books and records pertaining to the City' s employees providing the Services, City' s obligations and duties under this Agreement, and all services rendered by City or its employees under this Agreement, at any time for purposes of auditing compliance with this Agreement.

Page 2 of 9 ends

1822861. 5
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5. Permits and Licenses. City agrees that it shall at all times maintain in full force and effect all permits, licenses and approvals necessary to lawfully provide the Services.

6. No Authority to Bind Company. Neither the City nor any of its employees shall have the right to bind Allied, transact any business in Allied' s name or on behalf of Allied, in any manner or form, or to make any promises or representations on behalf ofAllied.

7. [ INTENTIONALLY OMITTED.]

8. Method of Services. City shall provide the Services according to City' s own lawful means and methods of work, which shall be in the exclusive charge and control of City, and which shall not be subject to the control or supervision of Allied, except as to the results of any of the work performed by City; provided, however, that City shall cooperate fully with the efforts of Allied' spersonnel. City shall be responsible for City' s acts, and the acts of City' s agents and employees while engaged in the performance of the Services. City agrees to conform to and abide by all applicable federal, state and local statutes, rules, regulations, ordinances or orders Applicable Laws") that are applicable to the Services and persons conducting the type and nature of business conducted by City in performing the Services. Without limiting the foregoing, City acknowledges that by entering into this Agreement, City may be subjecting itself to the requirements of Section 503 of the Rehabilitation Act, 29 U. S. C. § 793, (" Section 503"), the Vietnam Era Veterans Readjustment Assistance Act, 38 U. S. C. § 4212, (" VEVRAA"), and the Executive Order 11246 of September 24, 1965 (" Executive Order"), which impose certain requirements concerning anti -discrimination and affirmative action.

9. Hours of Service. The Services shall be performed during the same hours of operation in effect immediately prior to the date of this Agreement and otherwise in accordance with the terms of the Franchise Agreement.

10. Unauthorized Acts. City shall not make any disbursement or other payment of any kind of character out of the compensation paid to City hereunder or otherwise, or take or authorize the taking of any other action, which contravenes any Applicable Law. City shall indemnify, defend and hold the Allied Indemnified Parties harmless from and against any and all Losses resulting from or in any way related to any unauthorized or unlawful acts of City, its employees and agents, whether willful or not.

11. Insurance. City agrees at all times during this Agreement to maintain in full -force and effect at least the following insurance coverages:

Workers' Compensation
Coverage A
Coverage B - Employers Liability
Statutory
2, 000,00each Bodily Injury by Accident
2, 000,00 policy limit Bodily Injury by Disease
2, 000,00 each occurrence Bodily Injury by Disease
Automobile Liability
Bodily Injury/ Property Damage $ 3, 000,00

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1822861 5
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Combined - Single Limit Coverage is to apply to all owned, non -owned, hired and leased vehicles (including trailers).

Commercial General Liability
Bodily Injury/ Property Damage $ 5, 000,00each occurrence Combined - Single Limit $ 10, 000,00general aggregate
To the extent allowed by applicable law, all such insurance policies will be primary without the right of contribution from any other insurance coverage maintained by Allied. Allied and its affiliates shall be shown as an additional insured on the Automobile Liability and Commercial General Liability policies. The fact that insurance is obtained by City shall not release or diminish the liability of City, including liability under the indemnity provisions of this Agreement. City agrees to waive any and all rights of subrogation it may have against Allied by virtue of any claims which may arise as a result of the Services, and all policies of insurance herein shall be so endorsed.

City also hereby agrees to obtain from its insurance carrier( s) a wavier of subrogation in favor of Allied. All policies required herein shall be written by insurance carriers with a rating of A. M.

Bests of at least "A-" and a financial size category of at least VIII or a State of California authorized Municipal Risk Pool. Insurance certificates evidencing the above requirements shall be furnished by City to Allied prior to commencing services and provide for not less than 30 days prior notice to the Allied of any cancellation or non -renewal of the policies. In addition, the following requirements apply:

The Commercial General Liability policy must include Contractual Liability coverage specifically covering City' sIndemnification of Allied pursuant to Sections 4, 10 and 12.

Coverage must be provided for Products/ Completed Operations.

The policy shall also contain a cross Liability' Severability of Interests provision assuring that the acts of one insured do not affect the applicability of coverage to another insured.

12. Indemnity. To the fullest extent permitted by law ( i) City shall indemnify, defend and hold harmless Allied, Allied' sAffiliates ( defined as any legal entity in which Allied owns or controls a majority ownership interest, and Allied Waste Industries, Inc., and each of Allied Waste Industries, Inc.' s subsidiaries and operating units), and all of their respective officers, directors, employees and former employees, and agents (" Allied Indemnified Parties") from and against any and all claims, demands, causes of action, liabilities, costs, expenses ( including attorneys' fees, court costs, and expenses of investigation), penalties, fines, assessments and damages (" Losses") to the extent resulting from or in any way related to damages or injuries to persons or property, related to or resulting or arising from, or caused by, willful conduct, error, omissions or negligent acts of the City or its employees or agents, and ( ii) Allied shall indemnify, defend and hold harmless the City from and against any and all Losses to the extent resulting from or in any way related to damages or injuries to persons or property, related to or resulting or arising from, or caused by, willful conduct, error, omissions or negligent acts ofAllied or its employees or agents.

13. Assignment; Binding Effect; Amendment. City shall not subcontract or assign this Agreement or its rights under it without Allied' sprior written consent, which Allied may grant or

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1822861. 5
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withhold in its sole discretion. Allied may assign this Agreement or its rights under it without City' sconsent; provided, however, that in the case of any such assignment, Allied shall cause the assignee to assume Allied' sobligations under this Agreement, whereupon Allied shall be released and shall have no further liabilities or obligations under this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assignees. This Agreement may be amended or modified only by a written instrument executed by the parties hereto.

14. Entire Agreement. This Agreement is the final, complete and exclusive statement of the agreement between the parties with relation to the subject matter of this Agreement, it being understood that there are no oral representations, understandings or agreements covering the same subject matter as this Agreement, except for the Franchise Agreement. This Agreement supersedes, and cannot be varied, contradicted or supplemented by evidence of, any prior or contemporaneous discussions, correspondence, or oral or written agreements of any kind, except for the Franchise Agreement.

15. Notices. All notices or other communications required or permitted hereunder shall be in writing and may be given by depositing the same in United States mail, addressed to the party to be notified, postage prepaid and registered or certified with return receipt requested, by overnight courier or by delivering the same in person to such party.

Ifto City:

If to Allied:

City of Brawley
City Hall
400 Main Street
Brawley, California 92227
Attn: City Manager
Allied Waste Services of Imperial Valley
3354 Dogwood Road
Imperial, California 93251
Attn: John Lau
Notice shall be deemed given and effective the day personally delivered, the day after being sent by overnight courier, subject to signature verification, and three business days after the deposit in the U. S. mail of a writing addressed as above and sent first class mail, registered or certified, return receipt requested. Any party may change the address for notice by notifying the other parties of such change in accordance with this Section.

16. Governing Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

17. Diputes. The parties acknowledge and agree that any dispute arising out of this Agreement shall be decided in accordance with the dispute resolution provisions contained in the Franchise Agreement.

18. No Waiver. No delay of or omission in the exercise of any right, power or remedy accruing to any party as a result of any breach or default by any other party under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or

Page 5 of 9 ends

1822861. 5
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acquiescence in any such breach or default, or of or in any similar breach or default occurring later; nor shall any waiver of any single breach or default be deemed a waiver of any other breach or default occurring before or after that waiver.

19. Survival. The provisions relating to insurance, indemnification and other obligations that may by reasonable implication continue beyond the expiration or termination of this Agreement including but not limited to Sections 4, 6, 10, 12, 16, 17, 22 and 23 shall survive the expiration or earlier termination of this Agreement.

20. Captions. The headings of this Agreement are inserted for convenience only, and shall not constitute a part of this Agreement or be used to construe or interpret any of its provisions.

21. Severability. In case any provision of this Agreement shall be invalid, illegal or unenforceable, it shall, to the extent possible, be modified in such manner as to be valid, legal and enforceable but so as most nearly to retain the intent of the parties. If such modification is not possible, such provision shall be severed from this Agreement. In either case the validity, legality and enforceability ofthe remaining provisions of this Agreement shall not in any way be affected or impaired thereby.

22. Remedies. In the event of breach of any of the terms of this Agreement by either party hereto, the non -breaching party will be entitled, where appropriate, to apply for and obtain injunctive relief in any court of competent jurisdiction without limitation as to any other or future remedies that may be available.

23. Attorneys' Fees. If any legal action or any other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or he may be entitled.

24. Relationship of the Parties. Each party is and shall perform its obligations under this Agreement as an independent contractor and, as such, shall have and maintain complete control over all of its respective employees, agents and operations. Neither party nor anyone employed by it shall be, represent, purport to act or be deemed to be the agent, representative, employee or servant of the other party.

25. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same instrument.

Remainder ofPage is left intentionally blank. Signatures on next page. 1

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18228615
4c.6
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above.

ALLIED:

By:

Name:

Title:

CITY:

Name: Toni C. Carrillo
Title: Mayor
Attest:

Title: Ci ' C erk Janet P. Smith
Approved as to form by )))
By:

Dennis A. Morita Title: City Attorney

Page 7 of 9 ends

1822861, 5
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Exhibit A
Assets
Vehicle Lic# Year
E072858 1987
E356853 1991
E356852 1991
E356851 1991
E037948 1995
1105186 2002
1076457 2000
1121040 2002
1202297 2006
Make
GMC
Peterbuilt
Peterbuilt
Peterbuilt
Volvo
Peterbuilt
Peterbuilt
Peterbuilt
Peterbuilt
Model
Leach
Garbage Trk
Garbage Trk
Garbage Trk
Pakmore Trk
Garbage Trk
Garbage Trk
Garbage Trk
Garbage Trk

Page 8 of 9 ends

VIN #
1 G8P7D 1Y3HV 101736
1XPZH78X4MD705889
1XPZH78X4MD705888
1 XPZH78X0MD705090
4X52AFHD7TR475560
1NPZHZ8XX2D714227
1NPZHZBX51D713047
1NPZHZ8X130714862
1NPZHD8X96D716432
18228615
4c.6
Exhibit 13
See attached Salary Schedule.

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1822861. 5
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EXHIBIT B
City of Brawley
Solid Waste Employees
Salary, benefits and administrative cost per applicable pay period PER

TWO WEEK
NAME PERIOD $ PER HOUR
Romero 2, 945 36. 81
Ramos 2, 356 29. 45
Limon 2, 356 29. 45
Rogers 2, 356 29. 45
Perez 2, 112 26. 40
Araujo 2, 112 26. 40
Total: 14, 237
1829608. 2
4c.6
Exhibit 1
Alley Service Policy
Criteria to Qualify
Homeowners wishing alley collection will be responsible for securing the participation from the rest of the owners on their respective blocks. There will be no split service with some in the alley and others on the same block serviced at the curb. ( Allied will not be responsible for the solicitation of any collection service.)
For safety reasons, alleys will not qualify for collection service if any of the following conditions exist:
o Alleys where trucks are required to back out.
o Alleys where trucks are require to make more than
one attempt to negotiate a left or right turn.

Alleys will only be serviced if adequate clearance is established and maintained regarding trees, overhead wires, shrubs and articles left in the right of way.

Alleys must be paved or surfaced to allow collection trucks safe access and collection.

Alley Service Requirements
No parking in alleys on collection day.

All collection carts will be placed on the collection side of the alley. (The rear of the houses adjoining the alley from both streets.)
All collection carts will be set out for collection after 6 PM on the day prior and before 6AM of the collection day. All collection carts must be removed from alleys by the end of the collection day.

Carts must be placed with handles facing collection sidewall at one foot from the wall and two feet between carts.

Residents who cannot use the curbside collection method whether due to physical constraints or by choice will be charged an additional amount per month for alley collection service as shown in Exhibit G. Those charged will agree to sign a separate service agreement with Allied Waste acknowledging the additional fee.

Allied may require residents using alley service to indemnify Allied for any damages to the alley pavement or underground utilities.
1810709. 11
4c.6

EXHIBIT J
Community Involvement
NOTE: Exhibit J is provided as an example only and is subject to change from time to time in the sole discretion of Allied.]
Community Involvement through Funding or Other Means
We at Allied Waste Services of Imperial Valley take pride in having strong local community involvement in the cities that we serve. Our involvement goes far beyond the services and programs set forth in the scope of services section of the Solid Waste and Recycling Franchise Agreement. As the needs of a community change so does the nature and scope of our community involvement; however, listed below is the type of involvement the City of Brawley could expect:
1 . Active participation with the Chamber
Allied is currently a member and as we have done at other cities in the Valley we would request to be a member of the Beautification Committee or similar type Committee as the overall appearance of the City is an important issue to us.

2. Schools
Support and participation in classroom educational programs dealing with recycling and safety tips for children when they are around moving vehicles.

Allied would provide free container, collection and disposal service to the schools for school events such as carnivals.

Donations for selected school events and purchase of advertising space in school publications such as year- books.

3. Community Events sponsored by local not -for --profit organizations Allied would provide free container, collection and disposal service for selected events.

On a case -by -case basis we also make cash donations.

4. Youth groups
Allied sponsors youth athletic teams. Currently we support the Brawley Little League.

Allied also supports other youth programs such as the Police Athletic League (PAL) and Police Explorers

5. County Events that benefit the entire County
Allied supports County events such as Freedom Fest, Children Fairs, California Mid - Winter Fair, and Carrot Festival

6. Beautification projects
In the past Allied has partnered with cities on special clean- upprojects that enabled the projects to happen. A recent example is our working with the City of Calexico, the LEA, 1810709. 11
4c.6
and the State on cleaning -up an illegal dumpsite.
oy: NUM
1810709. 11
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City of Brawley
City Council
September 15, 2026
Agenda Item No 4d

STAFF REPORT
To: City Council
From: Ana Gutierrez, Acting Public Works Operations Manager Prepared by: Ana Gutierrez, Acting Public Works Operations Manager Subject: Adoption of Amended Resolution No. 2026-04A for Ocotillo Springs Grant RECOMMENDATION:

Adopt Resolution No. 2026-04A amending Resolution Nos. 2019-02 & 2026-04 to the Affordable Housing and Sustainable Communities (AHSC) Program, including signatory authority, reimbursement, identity of borrower and Non-Profit LLC, and other Housing & Community Development (HCD) requirements.

BACKGROUND INFORMATION:

On January 15, 2019, the City Council adopted Resolution No. 2019-02, authorizing City staff to apply for funding available through the Affordable Housing and Sustainable Communities (AHSC) Program.

The resolution also authorized the then-City Manager, Rosanna Bayon Moore, to execute all documents necessary for the City to participate in the program.

On February 17, 2026, Resolution No. 2026-04 was presented to the City Council to amend the signatory authority from the former City Manager to the current City Manager, Rebecca TerrazasBaxter.

The amended Resolution No. 2026-04 was subsequently submitted to the California Department of Housing and Community Development (HCD) for approval in connection with the City's ongoing AHSC-funded project and reimbursement of eligible project costs.

Following its review, HCD informed the City that additional information contained in the original Resolution No. 2019-02 was required to be incorporated into the amended resolution. Because the AHSC program remains ongoing, the resolution must include not only the updated authorized City representative, but also the entity name, entity type, applicable Notice of Funding Availability (NOFA) date, required standard agreement language, amendment provisions, authorized dollar amount, identification of the person attesting to the validity of the resolution, project site information, and other information included in the original resolution.

Approval of Resolution No. 2026-04A will satisfy HCD's requirements, maintain Resolution No. 2026- 04A amends Resolutions Nos. 2019-02 and 2026-04, and incorporates all of the information requested by HCD.
4d
FISCAL IMPACT:

No anticipated fiscal impact.

ALTERNATIVES:

No alternative is recommended at this time.

ATTACHMENTS:

1. Amended Resolution 2026-04A
REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
, , ,
REPORT APPROVAL(S):

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRAWLEY, CALIFORNIA, AMENDING RESOLUTION 2026-04CONCERNING THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM.

WHEREAS, on January 15, 2019, the City Council adopted Resolution 2019-02 permitting City Staff to apply for funding that was made available pursuant to the Affordable Housing and Sustainable Communities Program (“AHSC”); and
WHEREAS, pursuant to the requirements of the Program, Resolution 2019-02 authorized Rosanna Bayon Moore, who was the City manager at the time, to execute all documents necessary to participate in the Program; and
WHEREAS, on February 17, 2026, the City Council Amended Resolution 2019-02 to be replaced with 2026-04, authorizing Rebecca Terrazas-Baxter, City Manager, to execute in the name of the City of Brawley (“Applicant”)
WHEREAS, the Program is ongoing; and
WHEREAS, certain documents must be executed by an authorized representative of the City; and WHEREAS, the State of California, the Strategic Growth Council (SGC), and the Department of Housing and Community Development (Department) have issued a Notice of Funding Availability dated November 1, 2018 (NOFA), under the Affordable Housing and Sustainable Communities (AHSC) Program established under Division 44, Part 1 of the Public Resources Code commencing with Section 75200; and
WHEREAS, the City of Brawley and Pacific West Communities, Inc. (PWC) desire to apply for AHSC Program funds and submit the Application Package released by the Department for the AHSC Program; and
WHEREAS, the SGC is authorized to approve funding allocations for the AHSC Program, subject to the terms and conditions of the NOFA, the Program Guidelines, the Application Package, and the Standard Agreement. The Department is authorized to administer the approved funding allocations of the AHSC Program, and
THEREFORE, BE IT RESOLVED AS FOLLOWS:

Applicant is hereby authorized and directed to apply for and submit to the Department the AHSC Program Application as detailed in the NOFA dated November 1, 2018, for Round 4 in a total amount not to exceed $25,000,000.00 of which up to $14,000,000.00 is requested as a·loan for an Affordable Housing Development (AHD) ("AHSC Loanu) and up to $11,000,000.00 is requested for a grant for HousingRelated Infrastructure (HRI), Sustainable Transportation Infrastructure (STI), Transit-Related Amenities (TRA) or Program (PGM)activities ("AHSC Grant") as defined in the AHSC Program Guidelines adopted by SGC on October 29, 2018. If the application is approved, the Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement) in a total amount not to exceed $25,000,000.00 (up to $14,000,000.00 for the AHSC Loan and up to $11,000,000.00 for the AHSC Grant), and any and all other documents required or deemed necessary or appropriate to secure the AHSC Program funds from the Department, and all amendments thereto 4d.1
(collectively,the "AHSC Documents").

Applicant shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package.

Rebecca Terrazas-Baxter, City Manager, is authorized to execute in the name of Applicant the AHSC Program Application Package and the AHSC Program Documents as required by the Department for participation in the AHSC Program.

APPROVED, PASSED, AND ADOPTED at a regular meeting held on the 15th day of September 2026.

CITY OF BRAWLEY, CALIFORNIA
________________________________
JJ Galvan, Mayor
ATTEST:
_______________________________
Ana Gutierrez, City Clerk

STATE OF CALIFORNIA

COUNTY OF IMPERIAL

CITY OF BRAWLEY
I, Ana Gutierrez, City Clerk of the City of Brawley, California, DO HEREBY CERTIFY that the foregoing Resolution No. 2026-04A was passed and adopted by the City Council of the City of Brawley, California, at a regular meeting held on the 15th day of September 2026, and that it was so adopted by the following roll call vote: m/s/c
AYES:

NAYES:

ABSTAIN:

ABSENT:

DATED: September 15, 2026 ____________________________________ Ana Gutierrez, City Clerk

4d.1
City of Brawley
City Council
September 15, 2026
Agenda Item No 4e

STAFF REPORT
To: City Council
From: Petra Ortega, Library Manager
Prepared by: Ana Gutierrez, Acting Public Works Operations Manager.

Subject: Award of Contract for the Library Window Replacement Specification No. 2026-02.

RECOMMENDATION:

Award Specification No. 2026-02, Library Window Replacement, to Andrade Acquisitions in the amount of $273,626.37, authorize a 15% contingency in the amount of $41,043.95 if needed for any unforeseen circumstances, for a total authorized project amount of $314,670.32, and authorize the City Manager to execute all documents related to the project.

BACKGROUND INFORMATION:

In 2023, the City of Brawley was awarded $611,050 through the California State Library’s Building Forward Grant Program for improvements to the Brawley Public Library building. The project includes the replacement of aging windows and exterior doors, as well as improvements to the building’s HVAC system. These improvements are intended to address critical maintenance needs while improving the safety, comfort, and energy efficiency of the facility for library patrons and staff.

The HVAC portion of the project was previously awarded.

On April 15, 2026, the Engineering Department advertised Specification No. 2026-02 for the Library Window Replacement. The project includes replacing all existing windows and exterior doors, except for the windows and doors in the Children’s Reading room, which are newer and already energy efficient.

On May 19, 2026, the City received the following three bids:

Bidder Bid Amount
LZ Construction, Inc. $225,000.00
Andrade Acquisitions $273,626.37
LM Rasmussen $359,899.00
Following a review of the bids by City staff and legal counsel, it was determined that LZ Construction, Inc., the apparent low bidder, did not possess the required State of California licenses and 4e
certifications to perform the lead-based paint abatement and removal work associated with the project.

Because the project requires this specialized work, the City determined that LZ Construction, Inc. was not the lowest responsive and responsible bidder. Andrade Acquisitions was determined to be the lowest responsive and responsible bidder with the required licensing and certification to perform the work.

Staff therefore recommend awarding Specification No. 2026-02, Library Window Replacement, to Andrade Acquisitions in the amount of $273,626.37.

FISCAL IMPACT:

The funding will come from the library Grant in the amount of $273,626.37 and a 15% contingency of $41,043.95, for a total of $314,670.32.

All costs associated with this project shall be tracked under Project 2023-BFLFIP, General Ledger account 101-551.000-800.300.

ALTERNATIVES:

No alternative is recommended at this time.

ATTACHMENTS:

1. Bid Summary
REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
, , ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Rebecca Terrazas-Baxter, City Manager Approved - 9/10/2026 Marcela Tapia, Interim Finance Director Approved - 9/10/2026 4e
Item No. QTY Unit of Mesure Item Description Unit Price TOTAL PRICE TOTAL PRICE TOTAL 1 1 LS Division 01 - General Requirements $ 18,000.00 $ 18,000.00 $ 28,325.00 $ 28,325.00 $ 125,000.00 $ 125,000.00 2 1 LS Division 02 - Existing Conditions $ 19,000.00 $ 19,000.00 $ 50,200.40 $ 50,200.40 $ 54,080.00 $ 54,080.00 3 1 LS Division 06 - Wood, Plastics, and Composites $ 1,000.00 $ 1,000.00 $ 4,631.34 $ 4,631.34 $ 5,200.00 $ 5,200.00 4 1 LS Division 07 - Thermal and Moisture Protection $ 10,000.00 $ 10,000.00 $ 1,734.38 $ 1,734.38 $ 7,830.00 $ 7,830.00 5 1 LS Division 08 - Openings $ 161,000.00 $ 161,000.00 $ 143,348.44 $ 143,348.44 $ 132,402.00 $ 132,402.00 6 1 LS Division 09 - Finishes $ 15,000.00 $ 15,000.00 $ 39,150.00 $ 39,150.00 $ 35,387.00 $ 35,387.00 7 1 LS Division 23 - Heating, Ventilating, and Air Conditioning $ 1,000.00 $ 1,000.00 $ 6,236.81 $ 6,236.81 $ - $ 225,000.00 $ 273,626.37 $ 359,899.00
City of Brawley Bid Results
Brawley Library Window Replacement Specification No. 2026-02 Bid Opening: May 19, 2026 @ 2:00 PM
LZ Construction, Inc.
5247 Lack Road
Brawley, CA
Andrade Acquisitions
53 West Pheasant Street
Heber, CA
LM Rasmussen
Construction Inc
1137 Alpine Heights Rd.

Alpine, CA

TOTAL TOTAL TOTAL
4e.1
City of Brawley
City Council
September 15, 2026
Agenda Item No 4f

STAFF REPORT
To: City Council
From: April Hodgson, Parks and Recreation Manager
Prepared by: April Hodgson, Parks and Recreation Manager Subject: Award of Alyce Geraux Splash Pad Shade Project to Zoom Recreation RECOMMENDATION:

Award the Alyce Geraux Splash Pad Shade Project to Zoom Recreation for an amount of $95,878.34 and authorize a 10% contingency in an amount of $9,587.83 for a total amount of $105,466.17, and authorize the City Manager to execute all documents to implement and complete the project.

BACKGROUND INFORMATION:

The City is proposing to install a permanent shade structure at the Alyce Gereaux Splash Pad to improve the comfort, usability, and overall experience of residents and visitors using the facility. The splash pad currently does not have a permanent shade structure, and City staff have received requests from members of the community regarding the addition of shade at the facility.

The project will provide shade for users of the splash pad and surrounding areas, particularly during the summer months when outdoor temperatures are elevated and use of the facility increases. The addition of shade is expected to provide families and other visitors with a more comfortable environment while using the splash pad and enhance the overall functionality of the facility.

To obtain competitive pricing, staff solicited quotes from two Sourcewell-approved vendors for the proposed shade improvements. Sourcewell is a cooperative purchasing program that government agencies can use to streamline procurement. Sourcewell conducts the Request for Proposals (RFP) process and awards contracts to vendors. This allows the City to leverage an existing competitive solicitation rather than repeating the procurement process ourselves. The City receives better pricing at no cost to the City.

In reviewing the Sourcewell contracts, two vendors provided pricing for the scope of work outlined in the project specifications.

Zoom Recreation $ 95,878.34
USA Shade $117,490.35
Staff reviewed the submitted pricing and scope of work and determined that Zoom Recreation provided the lowest quote for the specified improvements. Zoom Recreation's quote is $21,612.01, or approximately 18.4%, lower than the quote submitted by USA Shade. 4f
Based on the competitive pricing received and staff's review of the proposed scope of work, staff recommends awarding the project to Zoom Recreation in the amount of $95,878.34.

Staff is also recommending authorization of a 10% project contingency of $9,587.83. The contingency is intended to provide flexibility to address unforeseen conditions, minor scope adjustments, or incidental costs that may arise during project implementation without requiring the project to return to the City Council for each minor change. Any use of contingency funds would remain subject to applicable City purchasing, contracting, and change-order requirements.

Funding for the project is available through Development Impact Fee (DIF) Fund 459, utilizing carryover Capital Improvement Program (CIP) funds originally allocated for the project in 2023. No General Fund funding is required.

FISCAL IMPACT:

The Alyce Gereaux Splash Pad Shade Project (Project No. 2023-14) was budgeted at $128,526 under the City's FY 2023-24 Capital Improvement Plan. Approximately $5,297 has been expended to date, leaving approximately $123,229 available for the project.

The proposed award of $95,878.34, plus the authorized 10% contingency of $9,587.83, for a total of $105,466.17, is within the available funding in DIF Fund 459 (459-511.400-800.400). No additional appropriation is required, and there is no General Fund impact.

ALTERNATIVES:

The City Council may:

1. Approve the staff recommendation.

2. Decline to award the project at this time and direct staff to return with additional options.

3. Provide alternative direction regarding the project scope, funding, procurement, contingency, or timing.

ATTACHMENTS:

1. USA SHADE USA Shade Alyce Gereaux Cantiliever Proposal - Sourcewell 2026 7.21.26

2. USA SHADE Scope of Work Letter

3. Zoom Quote Alyce Gereaux Park - Sourcwell Shade Supply and Install - 7.21.26

4. Zoom Rec SOW Letter - Alyce Gereaux
REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
, , ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Marcela Tapia, Interim Finance Director Approved - 9/10/2026 Rebecca Terrazas-Baxter, City Manager Approved - 9/10/2026 4f
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 Alyce Gereaux Park - Splash Pad
Priced per SOURCEWELL Contract Number 101625-PLP-6
7/21/26
Pricing Valid for 15 Days
Project Information: Sales Information:

Purchaser: City of Brawley Parks and
Rec Contact: Hodgson, April Sales Rep: Gomes, Mario
Project
Name:

Alyce Gereaux Park -
Splash Pad Phone: (760) 344-5675 Phone: (619) 838-4489
Quote No: CA0126MG26568-R0 Email: april.hodgson@brawley -ca.gov
Email: Mario.Gomes@USAShade.com
Billing Address Information: Shipping Address Information: Jobsite Information:

Name: City of Brawley Parks and
Rec Name: Southern California Name: Alyce Gereaux Park -Splash Pad Address: Address: 1085 N. Main Street,
Suite C Orange Address: 1455 Magnolia Street
City: City: Orange City: Brawley
State: State: CA State: CA
Zip Code: Zip Code: 92867 Zip Code: 92227
Contact: Hodgson, April Contact: Luis Araujo Contact:

Email: april.hodgson@brawleyca.gov
Email: luis.araujo@usashade.com Email:

Phone: (760) 344-5675 Phone: (714) 920-5309 Phone:

NOTE: This message is intended only for the use of the individual to whom it is addressed, and contains information that is privileged, confidential, and exempt from disclosure under applicable law. If you are not the intended recipient, or the employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that any unauthorized disclosure, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by phone and return the original message to the applicable address above.

CORPORATE ADDRESS:
2580 Esters Blvd., Suite 100 DFW
Airport, TX 75261
MAILING ADDRESS:

P.O. Box 3467 Coppel, TX 75019
REMITTANCE ADDRESS:

P.O. Box 734158 Dallas, TX 75373-
4158
SOUTHERN CALIFORNIA:
1085 N. Main Street, Suite C
Orange, CA 92867
ARIZONA:
2415 S. 18th Place
Phoenix, AZ 85024
LAS VEGAS:
3111 So. Valley View Blvd. Suite B-117
Las Vegas, NV 89102
4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

PRODUCTS

DESCRIPTION DETAILS
Single Post Pyramid Cantilever (16' x 16') Model Number Dimensions Entry Height QTY IMAGE 124.1 Single Post Pyramid
Cantilever 16'x16' 10'
1 Fabric Type Fabric Color Electrical Provisions
Colourshade_FR TBD Excluded
Steel Finish Steel Color Cable/HDW Finish
Coastal Primer w/ Powder
Coating TBD Galvanized
Footing Type Mounting Type Anchor Bolts
Drilled Pier PIH Excluded

DESCRIPTION DETAILS
Single Post Pyramid Cantilever (14' x 14') Model Number Dimensions Entry Height QTY IMAGE 124.1 Single Post Pyramid
Cantilever 14' x14' 10'
1 Fabric Type Fabric Color Electrical Provisions
Colourshade_FR TBD Excluded
Steel Finish Steel Color Cable/HDW Finish
Coastal Primer w/ Powder
Coating TBD Galvanized
Footing Type Mounting Type Anchor Bolts
Drilled Pier PIH Excluded

DESCRIPTION DETAILS
Single Post Pyramid Model Number Dimensions Entry Height QTY IMAGE 103.3 Single Post Pyramid 20'x20' 10'
1 Fabric Type Fabric Color Electrical Provisions
Colourshade_FR TBD Excluded
Steel Finish Steel Color Cable/HDW Finish
Coastal Primer w/ Powder
Coating TBD Galvanized
Footing Type Mounting Type Anchor Bolts
Drilled Pier PIH Excluded

DESCRIPTION DETAILS
Double Pyramid Single Post Cantilever Model Number Dimensions Entry Height QTY IMAGE 144.1 Single Post Pyramid
Cantilever Joined 14'x28' 10'
1 Fabric Type Fabric Color Electrical Provisions
Colourshade_FR TBD Excluded
Steel Finish Steel Color Cable/HDW Finish
Coastal Primer w/ Powder
Coating TBD Galvanized
Footing Type Mounting Type Anchor Bolts
Drilled Pier PIH Excluded
4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

SOURCEWELL PRICING

QTY PART NUMBER DESCRIPTION UNIT PRICE UNIT TOTAL
1 124.1 Single Post
Pyramid
Cantilever
Single Post Pyramid Cantilever (16' x 16') $ 6,984.64 Each $ 6,984.64 1 124.1 Single Post
Pyramid
Cantilever
Single Post Pyramid Cantilever (14' x 14') $ 6,687.88 Each $ 6,687.88 1 103.3 Single Post
Pyramid Single Post Pyramid (20’ x 20’) $ 10,851.69 Each $ 10,851.69 1 144.1 Single Post
Pyramid
Cantilever
Joined
Double Pyramid Single Post Cantilever
(14’ x 28’) $ 14,312.06 Each $ 14,312.06
5 Colourshade FR $88.80 5 $444.00
Less 6% Sourcewell Discount: <$2,356.81>
Unit Subtotal: $36,923.46
Shipping and Handling: $10,000.00
Taxable Subtotal: $46,923.46
Sales Tax @ 8.75%: $4,105.80
Equipment Installation: $33,282.20
Site Preparation: $13,573.28
Planning and Design Services: $9,540.00
Engineering: $4,200.00
Stamped Engineering Drawings: $3,000.00
Bonding: $2,865.61
TOTAL PRICE: $117,490.35

INCLUSIONS / EXCLUSIONS

INCLUDED /

EXCLUDED ENGINEERING REQUIREMENTS INCLUDED / EXCLUDED INSTALLATION - MISCELLANEOUS Included Sealed Drawings & Calculations Included Prevailing Wage / Certified Payroll Excluded Permit Submittal Excluded Union Wages
Excluded Permit Fee Included Fencing
Excluded DSA Submittal & Fees Excluded Water and Electrical Included Design and Engineering of Structure Excluded Landscape Repair Included Design and Engineering of Foundation Excluded Demolition (Existing Structures) Excluded Reactions and Loads for attachment to Walls,
Rooftops, or Other Excluded Payment and Performance Bonds Excluded Foundation Location and Elevation Survey Excluded Special Inspection Fees Construction Assumptions
4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 1) The designated area for our structures will be accessible by drive-up for unloading of our trucks and equipment, including personnel man-lifts, forklifts, etc. Should a crane be required and direct access not available, additional costs for such will be submitted by a Change Order. 2) Our pricing is based on the ability to perform all of our work with clear, sequential, and continuous access without interruption during normal daytime working hours. We have assumed one mobilization for the installation of foundations, steel and fabric; if additional mobilizations are required, there will be an additional charge. We will require exclusive access to the area for our work during the construction process. 3) Our pricing does not include daily site delays accessing the work areas. USA SHADE will submit a Change Order for any delays caused by other trades which interfere or cause us to stop working.
4) We will require site sanitary facilities and refuse containers by others within 200 feet of our work.
5) USA SHADE will leave its work and materials in a clean condition at the conclusion of our work. 6) Barricades and public security requirements are not included. 7) Unless specifically included in this proposal, this agreement does not include, and Company will not provide, services, labor, or materials for any of the following work: (a) removal and disposal of any materials containing asbestos or any hazardous materials as defined by the EPA; (b) moving Owner’s property around the installation site; (c) repair or replacement of any Purchaser or Owner-supplied materials; or (d) repair of damage to existing surfaces that may occur when construction equipment and vehicles are being used in the normal course of construction.
8) Pricing for foundation design is based on drilled pier footings. In the event the geotechnical report requires an alternate configuration, any additional costs incurred will be submitted to the client by a Change Order.
9) Digging of our foundations will not be constrained by any existing concrete or utilities. USA SHADE will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation. 10) Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair, resulting in delay, will result in additional charges unless they are detailed on as-built site drawings provided to USA SHADE or marked on the ground and communicated to USA SHADE in writing prior to installation. 4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

GENERAL TERMS & CONDITIONS AND WARRANTY
1) Proposal: The above proposal is valid for 15 days from the date first set forth above. After 15 days, we reserve the right to increase prices due to the rise in cost of raw materials, fuel, or other cost increases. When applicable, USA SHADE & Fabric Structures reserves the right to implement a surcharge for significant increases in raw materials, including, but not limited to; fuel, steel, and concrete. Due to the duration of time between proposals, contracts, and final installation, USA SHADE & Fabric Structures reserves the right to implement this surcharge, when applicable.
2) Purchase: By executing this proposal, or submitting a purchase order pursuant to this proposal (which shall incorporate the terms of this agreement specifically by reference) which is accepted by USA SHADE & Fabric Structures (the “Company”), the purchaser identified above (“you” or the “Purchaser”) agrees to purchase Shade Structures brand shade structures (“Structures”) and the services to be provided by the Company, as detailed in the “Structure Pricing” and “General Scope of Work” sections of this agreement, above, or in the relevant purchase order accepted by the Company, for use by Purchaser or for installation by Company or Purchaser on behalf of a third-party who will be the ultimate owner of the Structures (the ultimate owner of a Structure, whether Purchaser or a third-party, being the “Owner”). 3) Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time.
4) Short Ship Claims: Purchaser has 15 days from receipt of the structures to file a short ship report in writing to its sales representative. Company will not honor claims made after this time.
5) Bonding Guidelines: If Purchaser will use or provide the Structures and Services for an Owner other than Purchaser (including, without limitation, as a subcontractor of Purchaser), Purchaser will include the following statement in Purchaser’s contract with Owner:
“The manufacturer’s warranty for the Shade Structures brand shade structures is a separate document between USA SHADE & Fabric Structures and the ultimate owner of the Shade Structures brand shade structures, which will be provided to the ultimate owner at the time of completion of the installation and other services to be provided by USA SHADE & Fabric Structures. Due to surety requirements, any performance and/or payment bond will cover only the first year of the USA SHADE & Fabric Structures warranty.”
6) Insurance Requirements: Company is not required to provide any insurance coverage in excess of Company’s standard insurance. A copy of theCompany’s standard insurance is available for your review prior to acceptance of the Company’s proposal. 4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 7) Payment: Terms of payment are defined in the “Pricing Details” section and are specific to this contract. For purposes of this agreement, “Completion” is defined as being the point at which the Structure is suitable for its intended use, the issue of occupancy consent, or a final building department approval is issued, whichever occurs first. Progress billing and payment will be required. All payments must be made to Shade Structures, Inc., P.O. Box 734158, Dallas, TX 75373-4158. Company may use all remedies available to it under current laws including, but not limited to, filing of liens against the property and using a collection agency or the courts to secure the collection of the outstanding debt. 8) Lien Releases: Upon request by Owner, Company will issue appropriate partial lien releases as corresponding payments are received from Purchaser, but prior to receiving final payment from Purchaser or Owner. Company will provide a full release of liens upon receipt of final payment. In accordance with state laws, Company reserves the right to place a lien on the property if final payment has not been received 10 days prior to the filing deadline for liens. 9) Site Plan Approval, Permit/s, Permit Fees, Plans, Engineering Drawings, and Surveying:

Site plan approval, permits, permit fees, plans, engineering drawings, and surveying are specifically excluded from this agreement and the Services unless specified under the “General Scope of Work”. The Company does not in any way warrant or represent that a permit or site plan approval for construction will be obtained. Sealed engineered drawings that are required but not included in the “General Scope of Work” will result in an additional cost to Purchaser.
10) Manufacturing & Delivery: Manufacturing lead-time from Company’s receipt of the “Notice To Proceed” is approximately 6 to 8 weeks for standard structures, and 8 to 12 weeks for custom structures. Delivery is approximately 1 week thereafter. Delivery of structures may be prior to or at start of assembly. Please note that these timelines do not include approval or permitting timeframes.
11) Return Policy for USA Shade: At USA Shade, we strive to provide high-quality shade structures that are built to order and tailored to meet the unique needs of our customers. Due to the nature of our business and the customization involved, we have implemented the following return policy:

1. No Cancellations or Changes: Once an order has been released for production, we cannot accept any cancellations or changes to the order. It is crucial for customers to review their order details carefully before finalizing the purchase.

2. No Returns: Due to the customized nature of our shade structures, we do not accept returns. Once the order has been delivered and installed, it is considered a final sale. We encourage customers to thoroughly assess their requirements and specifications before ordering.

3. Product Quality Assurance: We take pride in delivering high-quality shade structures that meet industry standards. Our products undergo rigorous quality control measures to ensure they meet or exceed customer expectations. In the unlikely event that there is a manufacturing defect or an issue with the product, please get in touch with our customer service department immediately for assistance.
4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533

4. Warranty Coverage: Our shade structures are backed by a warranty against manufacturing defects or material faults. If you encounter any issues the warranty covers, please take a look at our warranty policy for more instructions on how to proceed.

5. Customer Support: We are committed to providing excellent customer service throughout your purchasing journey. If you have any questions or concerns or need help with your order, our dedicated customer support team is here to help. Don’t hesitate to contact us via phone, email, or our website's contact form, and we will gladly assist you.

It is essential for customers to understand and acknowledge these terms and conditions before placing an order with USA Shade. Customers agree to abide by this return policy by proceeding with a purchase.
12) Concealed Conditions: ”Concealed conditions” include, without limitation, water, gas, sprinkler, electrical and sewage lines, post tension cables, and steel rebar. This agreement is based solely on observations the Company was able to make either by visual inspection or by drawings and/or plans submitted by Owner at the time this agreement was bid. If additional Concealed Conditions are discovered once work has commenced, which were not visible at the time this proposal was bid, Company will stop work and indicate these unforeseen Concealed Conditions to Purchaser or Owner so that Purchaser and Company can execute a Change Order for any additional work. In any event, any damage caused by or to unforeseen Concealed Conditions is the sole responsibility of the Purchaser and Company shall not be held liable for any such damage. Soil conditions are assumed to be soil that does not contain any water, hard rock (such as limestone, caliche, etc.), rocks larger than 4 inches in diameter, or any other condition that will require additional labor, equipment and/or materials not specified by the Purchaser or Owner in the bidding process. Any condition requiring additional labor, equipment, and/or materials to complete the drilling or concrete operations will require a Change Order before Company will complete the process. Price quotes are based on a drilled pier footing. Any variation will incur additional charges (i.e. spread footings, concrete mat, sand, water, landfill, etc.). Costs for footing and installation do not include any allowance for extending below frost lines (the additional costs for which vary by geographical region) 13) Changes in the Work: During the course of this project, Purchaser may order changes in the work (both additions and deletions). Additionally, an approving agency may require changes in the work from the original design or engineering quoted and provided by the Company (both additions and deletions.) The cost of these changes will be determined by the Company, and a Change Order form must be completed and signed by both the Purchaser and the Company, which will detail the “General Scope of the Change Order”. Should any Change Order be essential to the completion of the project, and the Purchaser refuses to authorize such Change Order, then Company will be deemed to have performed its part of the project, and the project and services will be terminated. Upon such termination, Company will submit a final billing to Purchaser for payment, less a labor allowance for work not performed but including additional charges incurred due to the stoppage. No credit will be allowed for materials sold and supplied, which will remain the property of the Purchaser. 14) Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend, and hold harmless the Company and its consultants, agents, and employees or any of them 4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 from and against claims, damages, losses and expenses, including, but not limited to, attorneys’ fees related to the installation of the Structure or performance of the services, provided that such claim, damage, loss, or expense is attributable to bodily injury to, sickness, disease, or death of a person, or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in Section 15.
15) Statement of Limited Warranty:
• The structural integrity of all supplied steel is warranted for ten years. • If assembly is provided by the Company, workmanship of the structure is covered for one year, including labor for the removal of any failed part, disassembly (if necessary), cost of shipping, and reassembly.
• All steel surface finishes are warranted for one year. • Shadesure™, Colourshade® FR, eXtreme 32™, Commercial 95™, SaFRshade™, and Monotec 370™ fabrics all carry a ten year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, the Company will manufacture and ship a new replacement fabric at no charge for the first six years, thereafter pro-rated at 20% per year over the remaining four years. The following are exceptions to the preceding warranty terms:
o Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive, and Mulberry carry a five year pro-rated o Fabric tops attached to Coolbrella™ structures carry a three year warranty;
o Individual fabric tops measuring greater than 40’ in length are covered by a non-prorated five year warranty;
o Precontraint 502™ waterproof membrane is subject to an eight year prorated warranty. • Sewing thread is warranted for ten years.
• These limited warranties are effective from the date of sale, or, if assembly is provided by the Company, upon receipt by Company from Purchaser of a completed and signed “Customer Checklist and Sign-off” form.
• In its sole discretion, the Company will repair and or/replace defective structures, products or workmanship, or refund that portion of the price related to the defective product, labor, or service rendered.
• The Company reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. The Company does not guarantee that any particular color will be available for any period of time, and reserves the right to discontinue any 4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 color for any reason, without recourse by the Purchaser or Owner of the discontinued fabric color.
• Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a Company representative. Please contact the Company at [email protected] for more details.
• All warranty claims covering Company supplied structures, products, and services must be submitted by Purchaser or Owner in writing to the Company within thirty days from the date of discovery of the alleged defect and must include a detailed description and applicable photographs of the alleged defect or problem. Warranty claims should be submitted by email to [email protected]. • Purchaser or Owner agrees that venue for any court action to enforce these limited warranties shall be in the City or County of Dallas in the State of Texas, USA. • These limited warranties are void if:
o the supplied structures, products, services and/or labor are not paid for in full;
o the structures are not assembled in strict compliance with USA SHADE specifications;
o any changes, modifications, additions, or attachments are made to the structures in any way, without prior written approval from the Company.

Specifically, no signs, objects, fans, light fixtures, etc. may be hung from the structures, unless specifically engineered by the Company. • These limited warranties do not cover defects and/or damages caused by:
o normal wear and tear;
o misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.);
o ice, snow or wind loads in excess of the designed load parameters engineered for the supplied structures;
o use, maintenance, neglect, repair, and/or service inconsistent with the Company’s written care and maintenance instructions, provided with the order.
• The limited warranties explicitly exclude:
o workmanship related to assembly not provided by the Company or its agents;
o fabric curtains, valances, and flat vertical panels;
o fabric tops installed on structures that were not engineered and originally supplied by the Company.
• THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,

SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF

REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT 4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF A

BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO

EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY. • THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY

DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT

LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A

PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY

ACCEPTANCE AND USE OF THIS LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD

OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

Colourshade ® and eXtreme 32™ are registered trademarks of Multiknit Pty. Ltd.

Commercial 95™ and SaFRshade™ are registered trademarks of Gale Pacific USA Inc Monotec 370™ is a registered trademark of PRO-KNIT Industries Pty. Ltd.

Precontraint 502™ is a registered trademark of Serge Ferrari North America, Inc. 16) Assembly/Installation:
• Company will notify Purchaser of the scheduled assembly date. Owner agrees to have an owner representative meet the assembly crew at the job site on the scheduled assembly date to verify the exact location where the structure(s) is to be placed. • Labor for the removal, assembly, and/or freight charges will only be covered by Company in instances where the structures supplied and installed by Company are determined by the Company to be defective. In all cases where structures are not installed by Company, all labor for the removal, assembly, and/or freight of the structures will be the Purchaser’s responsibility.
• Installation prices are based on a single mobilization charge. If additional mobilizations are required, there will be additional charges.
• If the requested services require Company access to Owner’s premises, Company will be provided access to the Owner’s premises free and clear of debris, automobiles, or other interference Monday ~ Friday during the hours of 8:00am to 6:00pm, and Company will have access to water and electrical facilities during installation. Additional charges will apply if utilities are not easily accessible. Where applicable, all vehicles will be moved prior to Company’s crew beginning any installation.
• Company will not be responsible for moving or repairing any underground utility lines such as electrical, telephone, gas, water, or sprinkler lines that may be encountered during installation.
• Any additional costs incurred as a result of hard rock conditions requiring extra equipment, utility removal or repair resulting in delay will result in additional charges unless they are detailed on as-built site drawings provided to Company or marked on the ground and communicated to Company in writing prior to fabrication and installation. 4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 17) Installation/Assembly on-site: Where installation/assembly is part of the services, Purchaser must provide the Company with a detailed drawing prepared by or for the Owner showing exactly where the structures are to be assembled as well as detailing any obstacles or other impediments that may cause the assembly process to be more difficult. Any fixture(s), e.g., playground, pools, etc., that the structures are to be assembled over must also be detailed, along with their peak heights (if applicable).
18) Site/Use Review by Purchaser: Company relies on the Purchaser to determine that the structures ordered are appropriate and safe for the Owner’s installation site and/or intended use. Company is not responsible for damages or injuries resulting from collisions by moving objects or persons with the structure post(s). Company can recommend, or supply at additional cost, padding for posts from a third party manufacturer. 19) Preparatory Work: Where installation/assembly is part of the services and in the event that the foundation or job site is not suitable or ready for assembly to begin on the scheduled day, a Delay of Order notification must be sent to Company at least 4 working days prior, in order to allow Company to reschedule the project. In the event that Company is not notified and incurs an expense in attempting to execute the assembly, a re-mobilization charge may be charged to Purchaser before Company will reschedule the assembly.
20) Delegation: Subcontractors: The services and the manufacturing and assembly of the structures may be performed by subcontractors under appropriate agreements with the Company.
21) Force Majeure: Impracticability: The Company shall not be charged with any loss or damage for failure or delay in delivering or assembling of the structures when such failure or delay is due to any cause beyond the control of the Company, due to compliance with governmental regulations or orders, or due to any Acts of God, strikes, lockouts, slowdowns, wars, or shortages in transportation, materials or labor.
22) Dispute Resolution: Any controversy or claim arising out of or related to this agreement must be settled by binding arbitration administered in Dallas, TX by a single arbitrator selected by the parties or by the American Arbitration Association, and conducted in accordance with the construction industry arbitration rules. Judgment upon the award may be entered in any court having jurisdiction thereof.
23) Entire Agreement; No Reliance: This agreement represents and contains the entire agreement between the parties. Prior discussion or verbal representations by the parties that are not contained in this agreement are not part of this agreement. Purchaser hereby acknowledges that it has not received or relied upon any statements or representations by Company or its agents which are not expressly stipulated herein, including without limitation any statements as to the structures, warranties, or services provided hereunder. 24) No Third-Party Beneficiaries: This agreement creates no third-party rights or obligations between Company and any other person, including any Owner who is not also a Purchaser. It is understood and agreed that the parties do not intend that any third party should be a beneficiary of this agreement.
4f.1
www.usa-shade.com 800-966-5005
AZ: 289388 CA: 989458 LA: 61718 NV: 78724 NV:78724 NM: 383826 TN: 68712 DIR: 1000003533 25) Governing Law: The agreement will be construed and enforced in accordance with the laws of the State of Texas.
26) Assignment: Purchaser may not assign this agreement, by operation of law or otherwise, without the prior written consent of Company. The agreement shall be binding upon and insure to the benefit of the Company and the Purchaser, and their successors and permitted assigns. 27) Electronic Signatures. Each party agrees that the electronic signatures of the parties to this Agreement, whether digital or encrypted, including but not limited to the use of a typed name, are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including but not limited to typed or email electronic signatures.

PURCHASER:

NOTE: All purchase orders and contracts should be drafted in the name of Shade Structures, Inc.

Signature:

By:

Title:

Date:
4f.1
Scope of Work
Alyce Gereaux Splashpad Shade Structures
4/24/26
We are pleased to notify you that USA SHADE is going to provide a proposal for this project for the Shade Structures for the Alyce Gereaux Splashpad project. Accordingly, we would like to take this time to introduce you to USA SHADE. We are an innovative tension fabric company providing a complete spectrum of fabric structures from pre-engineered, modular units to specialized high-end, design-build tension fabric structures.

Project:

Alyce Gereaux Splashpad
1455 Magnolia St, Brawley, CA 92227

USA SHADE
Mario Gomes
(619) 838-4489
[email protected]
Specification Section:

1. 1 x Single Post Cantilever 16x16x10ft

2. 1 x Single Post Cantilever 14x14x10ft

3. 1 x Single Post Pyramid 20x20x10ft

4. 1x Double Pyramid Single Post Cantilever 14x28x10ft
Inclusions:
• All materials and product for specified shade structures; • Delivery;
• Sales tax;
• Installation at Prevailing Wage and Certified Payroll • Provide ongoing project management and coordination with the City of Brawley (document management, submittals, scheduling/durations, move-ins, etc.);
• Provide close out documentation and all warranties;
4f.2
Exclusions:
• Demolition
• Concrete cutting or coring
• Electrical provisions
• Permit processing, permits
• Unforeseen underground obstacles and obstructions
Please contact me if you have any questions or would like additional information about the products and services offered by USA SHADE. We look forward to the opportunity of working with you on the Alyce Gereaux Splashpad project.

Sincerely,
Mario Gomes
Regional Sales Manager

USA SHADE
4f.2
Zoom Recreation
zoomrecreation.com 866-234-3392 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604 Brawley, CA
Alyce Gereaux
Park 7.21.26
4f.3
Zoom Recreation
zoomrecreation.com 866-234-3392 4000 Barranca Parkway, Suite 250-659 Irvine, CA 92604 Why Zoom?
Why Superior?
We’ve Got you covered

1. All our equipment is proudly made in the USA.

2. CPSI & ASTM certified designers and installers to ensure safety comes first on every project.

3. Fully licensed, bonded and insured.

4. Turn-Key. We handle both the design and installation.

5. Exclusive rights partner of Superior Recreational Products 4f.3
8"x6"x3/16"
10'

10.5' 10.31'
Ø3.5" 11-Ga
127573-B
Ø1.9" 11-Ga
14'

12.83' Standard Base Plate

4.18 3
N/A 3
Out of range
Out of range

5.94 N/A
N/A
N/A
14'
14 X 14
1 1
5"x5"x1/4"
4f.3
4f.3
8"x6"x1/4"
10'

10.5' 11.79'
Ø3.5" 11-Ga
127573-A
Ø1.9" 11-Ga
16'

13.23' Standard Base Plate

4.78 3
N/A 3
Out of range
Out of range

7.76 N/A
N/A
N/A
16'
16 X 16
1 1
7"x5"x1/4" 4f.3
4f.3
Ø6.6" Sch-40
10'

14.66' 14.73'
Ø3.5" 11-Ga
127573-C
Ø2.5" 12-Ga
20'

14.04' Standard Base Plate

5.24 3
N/A 3
Out of range
Out of range

9.33 N/A
N/A
N/A
20'
20 X 20
1 1 4f.3
4f.3
Ø5.0" 7-Ga
10'

10.5' 9.95' 15.03'
Ø3.5" 11-Ga
127573-D
Ø3.5" 11-Ga
14'

12.83' Standard Base Plate

2.96 3
N/A 3
Out of range

4.28 Out of range
N/A
N/A
N/A
28'
28 X 14
1 4 7"x5"x1/4" 4f.3
4f.3
4f.3
4f.3
4f.3
4f.3
1 of 3
Quote 908-2
Due Days 30
DRAFT

PREPARED BY
Kevin Diner
Zoom Recreation, Inc.
[email protected]
4000 Barranca Parkway
Suite 250-659, Irvine, CA 92604

PREPARED FOR
Jesus Alvarez
City of Brawley
225 A St, Brawley, CA 92227, USA

QUOTE DETAILS
Alyce Gereaux Park - Dated 7/21/2026
1455 Magnolia St, Brawley, CA 92227
**SOURCEWELL 101625-SPR**
SRP Shade:CU161610SG 1 $9,335.00 $9,335.00
Superior Shade - Cantilever Umbrella
Length: 16'
Width: 16'
Entry Height(s): 10'
Number of Posts:1
Number of Fabric Tops: 1
Mounting Style: Anchor Bolt
Includes:

Proprietary Glide Elbow System for Easy Fabric Removal
Commercial grade steel frames and fabric with minimum wind rating of hurricane force 1 (76MPH sustained winds) Shade and UV Factors of up to 98% (dependent on color selection) Water resistant fabric
SRP Shade:CU141410SG 1 $7,665.00 $7,665.00
Superior Shade - Cantilever Umbrella
Length: 14'
Width: 14'
Entry Height(s): 10'
Number of Posts:1
Number of Fabric Tops: 1
Mounting Style: Anchor Bolt
Includes:

Proprietary Glide Elbow System for Easy Fabric Removal
Commercial grade steel frames and fabric with minimum wind rating of hurricane force 1 (76MPH sustained winds) Shade and UV Factors of up to 98% (dependent on color selection) Water resistant fabric
SRP Shade:SU202010SG 1 $9,298.00 $9,298.00
Superior Shade - Square Umbrella
Length: 20'
Width: 20'
Entry Height(s): 10'
Number of Posts:1
Number of Fabric Tops: 1
Mounting Style: Anchor Bolt
Includes:

DESCRIPTION QTY UNIT PRICE TOTAL

SOURCWELL CONTRACT
4f.3
2 of 3
CUSTOM-SRPSHADE 1 $11,950.00 $11,950.00
Superior Shade - Rectangular Cantilever Shade
Length: 28'
Width: 14'
Entry Height(s): 10'
Number of Posts: 2*
Number of Fabric Tops: 1
Mounting Style: Anchor Bolt
Includes:

Proprietary Glide Elbow System for Easy Fabric Removal
Commercial grade steel frames and fabric with minimum wind rating of hurricane force 1 (76MPH sustained winds) Shade and UV Factors of up to 98% (dependent on color selection) Water resistant fabric
Sourcewell Discount -$4,589.76
12% Sourcewell Discount on Materials
Expedited Engineered Sealed Drawings 4 $1,800.00 $7,200.00 Expedited Engineered Sealed Drawings with Calculations for Permitting Purposes Lead time: 2-3 weeks
-Sealed Drawings & Calculations Provided In 11”x17” Format. -(4) Copies of Sealed Drawings & (2) Of Calculations, Digital Copies With Pier And Spread Footer Analysis Included. -Engineered Sealed Drawings will be Performed to Meet Current Published Local Codes and Conditions. -Includes Epoxy Analysis with True Surface Mount Designs. -Check With The City Ordinances To Verify Any Special Requirements Prior To Sealing Structure. -Additional Alterations/Revisions Will Be Subject To Added Fees. -If Available Include A Soils/Geotechnical Report. (Location Specific To This Design) -One Seal per Design and per Location
Excludes:
-Obtaining permits. (permit submittal to be handled by client) -Architectural site plans or any other items needed in the permit application.

Freight Out Billable and Handling $3,650.00
Professional Certified Installation of Shade
Structure(s)
$48,425.00
Professional installation of four (4) shade structures as listed above. Installation to be performed in accordance with manufacturer specifications and engineered drawings..

Includes:

Receiving, unloading, and staging of materials onsite
Field layout and verification of locations
Excavation and preparation of foundations per engineered drawings Supply and placement of concrete and required reinforcing steel Installation and alignment of all structural steel components Assembly of shade structure frames
Installation and tensioning of shade fabric
Haul-off and disposal of excess spoils
All labor to be performed in accordance with applicable California prevailing wage requirements SUBTOTAL $92,933.24
TAX $2,945.10
TOTAL $95,878.34
PAYMENTS STARTING FROM $828/month on Learn More
Installations scheduled after 90 days of proposal acceptance may be subject to price adjustments.

This proposal does not provide for the following:

Service items, unless stated: receipt, inventory, loading, unloading, storage, security of equipment, or security fencing Site sub-grade issues: increase in foundation sizes and costs after sealed engineering, material not suitable for footings, material requiring demolition, or contaminates that require remediation, or in-place mechanical systems, including, but not limited to: irrigation, 4f.3
3 of 3
water, electric, sewer or gas.

Any additional work required onsite once we start the project will be change ordered at a cost of $150/hr for prevailing wage projects and $100/hr for standard wage projects
Client acknowledges that Zoom Recreation is not liable for any damage to existing concrete, landscaping or other surfaces while installing and/or using heavy machinery on-site.

If the job is not ready to start when the equipment is complete in production, client will be charged $200/week in storage fees.

This proposal does not include any bonding, permits, permitting fees, 3rd party inspection fees, or other related fees.

All invoices past due date are subject to an annual interest rate of 15%. Past due is defined to 30 days after sign-off of completion by client
Actual structure colors may vary slightly from renderings.

A 50% deposit and signed contract are required upon approval.

CUSTOMER'S SIGNATURE DATE
The above specifications, costs, and terms are hereby accepted. 4f.3
srpshade.com REV. 08.30.22
Material Specifications
Fabric
• Shade fabric is made of UV stabilized cloth manufactured by Alnet Americas or approved equal • The high density polyethylene material shall be manufactured with tensioned fabric structures in mind • The fabric knit is to be made using monofilament and tape filler which has a weight of 9.38 to 10.32 oz. sq. yd. Material to be Rachel-knitted to ensure material will not unravel if cut • Cloth meets fire resistance tests as follows:

Alnet Americas Extra Block: California State Fire Marshall Reg. #F-93501 Others: NFPA 701-99 (Test Method 2) and ASTM E-84
Thread
• Shall be 100% expanded PTFE fiber that is high strength and low shrinkage • Shall have a wide temperature and humidity range
• Abrasion resistant and UV radiation immunity
• Shall be unaffected by non-hydrocarbon based cleaning agents, acid rain, mildew, chlorine, saltwater, and pollution • Lockstitch thread – 1200 Denier or equal
• Chain stitch thread – 2400 Denier or equal
Material Specifications, Warranty, and Policies
Fabric Properties
Stretch Stentored
Tear Tests (lbs/ft) WARP 44.8
WEFT 44
Burst Tests (lbs ft) 828 lbf (ASTM 3786)
Fabric Weight (oz/sqFT) Avg 1.02 to 1.07 oz.

Fabric Width 9' 10"
Roll Length 150'
Roll Size 63" x 16 ½"
Weight 120 lbs.

Life Expectancy 10 Years
Fading Minimum Fading After 6
years, 3 Years for Red and
Yellow
Min. Temperature -77˚
Max. Temperature +167˚
Shade Protection and UV Screen Protection Factors
Color Shade Cover UVR Block Out
True Blue 93% 89%
Beige 97% 87%
Forest Green 96% 94%
Sun Blaze 94% 91%
Silver 95% 93%
Rivergum Green 88.7% 92.9%
Sky Blue 89% 92.2%
Navy Blue 93.6% 94.4%
Turquoise 86% 91.5%
Yellow 77.6% 95.5%
To view a complete list of fabrics, please reference the Color Options page of our catalog by clicking here.
4f.3
srpshade.com REV. 08.30.22
Steel Tubing
• All fabricated steel must be in accordance with approved shop drawings and calculations • All steel is cleaned, degreased, or etched to ensure proper adhesion of Superdurable powder coat in accordance with manufacturer’s specifications
• All Steel used on this project needs to be new and accompanied by the mill certificates if requested. Structural steel tubing up to 5”-7 gauge shall be galvanized per Allied Steel FLO-COAT specifications. Schedule 40 black pipe fabrications shall be sand-blasted and primed as described below
• All non-hollow structural shapes comply with ASTM A-36, unless otherwise noted • All hollow structural steel shapes shall be cold formed HSS ASTM A-53 grade C, unless otherwise noted • Plate products shall comply with ASTM A-36
Superdurable Powder Coat and Primer
• All non-galvanized steel shade to be sand-blasted and primed prior to Superdurable powder coating using reclaimable blast media in a mixture of GL50 & GL80 Steel Grit
• All non-galvanized steel must be coated with rust inhibiting primer prior to applying the Superdurable powder coat. Primer shall be Marine Grade Cardinal Industrial Finishes Corp. E396–GR1372 epoxy Superdurable powder coating semi-gloss smooth zinc rich primer
• Welds shall be primed with rust inhibiting primer prior to applying the Superdurable powder coat. Primer shall be Marine Grade Cardinal Industrial Finishes Corp E396-GR1372 epoxy Superdurable powder coating semi-gloss smooth zinc rich primer • All steel parts shall be coated for rust protection and finished with a minimum 3.5 mil thick UV-inhibited weather resistant Superdurable powder coating
Powder Coat Process Characteristics
N.3.1 Specific Gravity 1.68+/-0.05
N.3.2 Theoretical Coverage 114+/- 4 ft 2/lb/mil
N.3.3 Mass Loss During Cure <1%
N.3.4 Maximum Storage Temperature 75˚ F
Powder Coat Tests Results
ASTM Gloss at 60˚ 85-95
HOI TM 10.219 PCI Powder Smoothness 7
ASTM D2454-91 Over-Bake Resistance Time 200%
ASTM D3363-92A Pencil Hardness H-2H
ASTM D2794-93 Dir/Rev Impact, Gardner 140/140 in/lbs
ASTM D3359-95B Adhesion, Cross Hatch 5B Pass
ASTM D522-93A Flexibility Mandrel ¼” dia. No fracture
ASTM B117-95 Salt Spray 1,000 hours
UL DtOV2 Organic Coating Steel
Enclosures, Elect Eq.

Recognized
Application Criteria
N.5.1 Electrostatic Spray Cold Substrate:0.032 in. CRS
N.5.2 Cure Schedule 10 minutes at 400˚ F
N.5.3 Pretreatment Bonderite 1000
N.5.4 Film Thickness 3.5 Mils
4f.3
srpshade.com REV. 08.30.22
Welds
• All shop welds shall be executed in accordance with the latest edition of the American Welding Society Specifications • Welding procedures shall comply in accordance with the AWS D1.1-AWS Structural Welding Code-Steel • All welds to be performed by a certified welder. All welds shall be continuous where length is not given, unless otherwise shown or noted on drawings
• All welds shall develop the full strength of the weaker member. All welds shall be made using E70xx.035 wire • Shop connections shall be welded unless noted otherwise. Field connections shall be indicated on the drawings. Field welded connections are not acceptable
• All fillet welds shall be a minimum of ¼" unless otherwise noted • All steel shall be welded shut at terminations to prevent internal leakage • Internal weld sleeving is not acceptable
• On-site welding of any component is not acceptable
Sewing
• On-site sewing of a fabric will not be accepted
• All corners shall be reinforced with extra non-tear cloth and strap to distribute the load • The perimeters that contain the cables shall be double lock stitched Installation Hardware
• Bolt and fastening hardware shall be determined based on calculated engineering loads • All bolts shall comply with SAE-J429 (Grade 8) or ASTM A325 (Grade BD). All nuts shall comply with ASTM F-594, alloy Group 1 or 2
• Upon request, Stainless Steel hardware shall comply with ASTM A-304 • 1/4” galvanized wire rope shall be 7x19 strand with a breaking strength of 7,000 lbs. for shades generally under 575 sq. ft. unless requested larger by the customer. For shades over 575 sq. ft., cable shall be 5/16” with a breaking strength of 9,800 lbs.

Upon request, 1/4” Stainless Steel wire rope shall be 7x19 strand with a breaking strength of 6,400 lbs. 5/16” Stainless Steel wire rope shall be 7/19 strand with a breaking strength of 9,000 lbs. • All fittings required for proper securing of the cable are hot dipped galvanized Concrete
• Concrete work shall be executed in accordance with the latest edition of American Concrete Building Code ACI 318 unless specified by the governing municipality
• Concrete specifications shall comply in accordance with, and detailed as, per plans as follows:

1. 28 Days Strength F’c = 2500 psi

2. Aggregate: HR

3. Slump: 3-5

4. Portland Cement shall conform to C-150

CONCRETE CONTINUED ON NEXT PAGE
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5. Aggregate shall conform to ASTM C-33
• All reinforcement shall conform to ASTM A-615 grade 60 • Reinforcing steel shall be detailed, fabricated and placed in accordance with the latest ACI Detailing Manual and manual of Standard Practice
• Whenever daily ambient temperatures are below 80˚ F, the contractor may have mix accelerators and hot water added at the batch plant (see table)
• The contractor shall not pour any concrete when daily ambient temperature is below 55˚ F Concrete Temperate Chart
Temperature Range % Accelerator Type Accelerator
75-80˚ 1% High Early (non calcium)
70-75˚ 2% High Early (non calcium)
Below 70˚ 3% High Early (non calcium)
Footings
• All anchor bolts set in new concrete shall be ASTM A-307, or ASTM F-1554 if specified by engineer • All anchor bolts shall be zinc plated unless specified otherwise • Footing shall be placed in accordance with and conform to engineered specifications and drawings 4f.3
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The Limited Warranty excludes abnormal conditions, contingent liability, cosmetic defects such as scratches, dents, marring, stripping, peeling, or fading; damage due to incorrect installation, vandalism, misuse, accident wear and tear from normal use; exposure to extreme weather, immersion in salt or chlorine water, damage due to sand, salt spray, or other abrasive and corrosive material; unauthorized repair or modification, abnormal use, or lack of maintenance. The warranty does not cover damages due to “acts of God” such as hail, flooding, lightning, tornadoes, sand storms, shifts of terrain, earthquakes, mudslides, and windstorms.

SRP does not warrant product for defects caused by erection, harsh site conditions, lack of maintenance, and/or other conditions beyond SRP’s control. SRP will not be held responsible for any materials that were not properly stored prior to installation.

SRP reserves the right to void the limited warranty if it not installed per the installation instructions and/or unauthorized modifications.

In the unlikely event of failure, SRP reserves the right to alter the design, color, or contributing factors to rectify the condition and help prevent any future reoccurrence(s). SRP has the option to repair or replace any defect in materials.

The warranty is void if any changes, modifications, additions, or attachments are made to the product without the written consent of the manufacturer.

No signs, objects, ornaments, fans, lights, fixtures, or decorations may be hung from the structure unless specifically designed and engineered by the manufacturer or has manufacturers written approval.

SRP excludes any implied warranty of merchantability, fitness, or purpose, and there are no warranties which extend beyond the description of the face hereof. Under no circumstances will SRP be responsible for any indirect, special, consequential, incidental, or liquidated damages due to breach of warranty and such damages are specifically excluded from the warranty.

The owner shall notify SRP with original Sales Order Number issued from SRP to arrange for an inspection within 30 days after discovery of any defect under this warranty and before any alteration or repair is made or attempted. This Limited Warranty shall be null and void if the owner makes any alterations in design.

This warranty is the only express warranty given by the company. No person has authority to change or add to these obligations and liabilities. The company reserves the right to determine whether the fault is caused by faulty workmanship, material, or the part that is defective.

SRP will repair or replace at its discretion any defective part/s on an Ex-Works basis only. It is the responsibility of the customer to return the whole unit or the defective part/s at their own cost back to SRP for inspection along with proof of the date of purchase. SRP will not be liable for any costs incurred by the customer as a result of replacing the defective part/s, including but not limited to the costs of site visits and the labor costs involved with the removal and reinstallation of the whole unit or the defective part/s. Furthermore SRP will not be liable for any claimed compensation while the unit is not working or not present at the site whatsoever. This guarantee does not entitle the customer to a complete new product due to a defective component.

Limited Warranty: Structural Steel
SRP offers a 20-year Limited Warranty on structural steel frames for shade canopies against failure due to rust-through corrosion under normal environmental conditions. Should the fabric or parts need to be replaced under the warranty, SRP will manufacture and ship new replacement parts at no charge for the first ten years, thereafter pro-rated at 10% per annum over the last ten years.

Shade Warranty
Superior Recreational Products (SRP) warrants that its product will be free from defects in materials and workmanship as well as maintain structural integrity for the periods listed below from the date of invoice and once SRP has been paid in full. This warranty is in effect only if the product has been assembled and installed strictly in accordance with the setup instructions provided by SRP, good construction practices, general maintenance and care is provided as per instructions in the customer packet, and has been subjected only to normal use and exposure. Product should be maintained per the instructions given at time of delivery.

Lifetime* Warranty on stainless steel hardware
20-Year Limited Warranty on framework
10-Year Limited Warranty on fabric
LW
20 10
5 1
1 5-Year Limited Warranty on powder coat
1-Year Limited Warranty on cables
1-Year Limited Warranty on materials not above
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Workmanship is warranted for a period of five years. This steel warranty shall be void if damage to the steel is caused by the installer or from physical damage, damage by salt spray or sprinkler systems, contact with chemicals, chlorine, pollution, misuse, vandalism, or any act of God.

Limited Warranty: Powder Coat
Superior Recreational Products offers a 5-year Limited Warranty for powder coating to the original purchaser. This Limited Warranty is for factory applied finish only. Damage occurring from shipping, erection, vandalism, accidents, or field modification is not covered in this limited warranty and will require field touch-up immediately and periodically thereafter. The owner must report any defect in powder coat at the time the installation is completed. Not covered by this Limited Warranty are acute angles, welds, and end plates.

The Limited Warranty for powder coating provides the following after a 5-year exposure period when applied according to the recommendations listed on the product’s technical data sheet and appropriate surface preparation has been utilized. • The coatings shall retain their original color with a ∆E of <7.5 units for high chroma colors (yellows, reds, oranges, etc.) and a ∆E of<5.0 units for low chroma colors, when tested in accordance with ASTM D 2244. • The coating shall retain a minimum of 50% of its original gloss level after washing, when tested in accordance with ASTM D 523.
• The coating shall exhibit chalking no worse than numerical rating of 6, when evaluated in accordance with ASTM D 659-80.

Limited Warranty: Shade Fabric
Traditional shade fabric made with PTFE fiber that is high strength and low shrinkage and VALMEX® MEHATOP F 1 waterproof fabric carry a 10-year limited warranty. This warranties that the sewing thread used on the traditional shade fabric will be free from defects in material and workmanship and will not be damaged by exposure to sunlight, weather, and water. All other warranties are disclaimed.

SRP fabrics carry a 10-Year Limited Manufacturer’s Warranty from the date of delivery against failure from significant fading**, deterioration, breakdown, outdoor heat, cold, or discoloration. Should the fabric need to be replaced under the warranty, SRP will manufacture and ship new fabric at no charge for the first six years, thereafter pro-rated at 18% per annum over the last four years. **The colors red and yellow are warranted against significant fading for only two years.

If the corners of the fabric are equipped with both holes in the fabric corner PLUS reinforcing straps, BOTH the strap and fabric hole must be placed over each corner hook or the fabric warranty is void.

Fabric curtains, valences, or flat vertical panels are not covered under the warranty.

Fabric is not warranted where it is installed on a structure that is not engineered and built by SRP or its agents.

This warranty shall be void if damage to or failure to the shade is caused by contact with chemicals, chlorine, bleaching agents, hydrocarbons or hydrocarbon containing solvents, misuse, vandalism, or any act of God, including but not limited to wind in excess of the wind limitations set forth below.

All fabric tops are warranted for sustained winds up to 76 mph (Hurricane Force 1) and for gusts of up to 3 seconds duration up to 90 mph. Removal of the shade fabric is required if damaging winds are called for. Damage due to snow and/or ice accumulation is not covered by this warranty. Canopies should be removed during the “off season.” These structures have been designed to eliminate any friction between the rafters and the fabric. The warranty will, therefore, be voided if any modification (temporary or permanent) is made to the rafter, cross pieces, or ridge beams, or if the fastening apparatus or canopy are not secured accordingly.

Structures are warranted for winds up to 90 or 105 mph only if shade canopies have been removed as per requirement set forth above in the fabric paragraph. Removal and re-installation must be performed by a qualified person or authorized dealer. *For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that seller warrants to its original customer for as long as the original customer owns the product and uses the product for its intended purpose that the product and all parts will be free from defects in materials and manufacturing workmanship. This warranty does not cover damage caused by vandalism, misuse or abuse, altered or modified parts, or cosmetic damage such as scratches, dents, or fading or weathering and normal wear and tear. This warranty is valid only if the structures are installed in conformity with instructions provided by Superior Recreational Products using approved Superior Recreational Products parts. Superior Recreational Products will deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for labor or the labor costs of replacement. Warranty claims must be filed within the applicable warranty period and accompanied by a sales order or invoice number.
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Policies
Pricing Policy
All prices are F.O.B. factor and do not include freight, installation, shipping and handling, surfacing, or applicable taxes. All prices listed were current at the time of printing and in U.S. currency. Prices are subject to change without notice.

Cancellation and Return Policy
To view our return policy, please visit superiorrecreationalproducts.com/returns. For information on Return Material Authorizations please call 1.800.327.8774.

Shipping Policy
To view our shipping policy, please visit superiorrecreationalproducts.com/shipping. For any further information please call

1.800.327.8774.
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Appendix
Proper Care, Maintenance, and Safe Removal of the Shade Canopy

THINGS TO AVOID
SNOW, ICE, AND HIGH WINDS: Remove the canopy in winter conditions as ice and snow loads are not covered by the warranty.

The same goes for winds in excess of hurricane force 1.

SHARP OBJECTS: Always avoid dragging the fabric across surfaces, etc. Roll or fold the fabric and carry it. Avoid sharp objects, bolts, snags, and other protrusions including mounting hardware.

OBSTRUCTIONS: Keep foliage, such as tree limbs, shrubbery, and bushes, trimmed back and away from fabric at least three to four feet.

SOURCES OF HEAT: Avoid contact with heat sources such as hot lights, torches, and avoid using grills, etc. under the fabric or fireworks near the fabric..

SLACK CABLE IN CANOPY: Canopies with loose cables can fail.

CLEANING THE FABRIC
The fabric itself is generally maintenance free with the exception of necessary removal due to weather or seasonal requirements.

The fabric does not harbor mildew or mold, but residues such as tree sap, leaves, bird droppings, dust and dirt may need to be removed. To clean the fabric, use water and mild soap. A soft mop or soft broom may also be used. Cleaners that do not contain hydrocarbons, solvents, bleach or ammonia may be used. Use of solvents, hydrocarbons, bleach, and ammonia type cleaners will void the fabric warranty. A pressure washer may be used if necessary using a wide-spray nozzle.

CABLES AND HARDWARE
It is recommended that the cables be replaced every 3 to 4 years or if corrosion is visible, whichever comes first. Canopy cables that are not maintained at optimum tension will be subject to shorter lifespans and potential failures earlier than our recommend cable replacement scheduling. The cable ends must be wrapped with tape to secure any wires; thus, preventing the wires from tearing the fabric. Taping must be done when removing old cable as well as when installing new cable. Clamps should be replaced when the cable is replaced. If the cable appears slack on a still day (no wind), immediately have the cable and clamps re-tightened by a qualified person. The cable should not be slack.

GLIDE ELBOW™
Lubricate Glide Elbows™ annually and before operating. A waterproof grease is recommended such as a lithium-based grease or anti-seize thread lubricant.

STORAGE
Fabric must be stored in a clean, dry place free from snags, sharp edges, etcetera. The storage area must be rodent-free. Wrap all hardware fittings with rags or some other protector, as they can damage the fabric.

UNINSTALLING THE SHADE CANOPY
NECESSARY CARE: It is important to take necessary care when handling the fabric during removal and installation to prevent damage to the fabric as well as SAFE control of the fabric in a breeze or wind. The fabric is tough and engineered for use as a shade, but it can tear or cut when or if pulled over a snag or sharp item; it can puncture from bolts or other protruding objects; and it can melt from objects such as like cigarettes, matches, hot torch tips, sparks and the like. In addition, care must be exercised to avoid the fabric hooks after the fabric is unhooked from the elbow corners and sides of the structure where there are intermediate supports. It is best to wrap any connected mounting hardware to prevent it from harming the fabric. 4f.3
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PROPER AND SAFE: Based on the size of the canopy, several persons may be needed to properly and safely handle the fabric during the uninstalling process. You will need several commercial ladders or other means to work safely at heights such as scissor lifts, etc. It is advised that you pad the post side of the ladder and tie the ladder to the post. The pad is to protect the post finish. Also keep in mind that every 100 square feet of fabric (10’ X 10’) weighs approximately five pounds; a large canopy can get heavy fast. For proper control of the fabric, read below. It is best to remove the fabric on a still day. Do not attempt to remove the canopy in strong or gusty winds.

REMOVAL OF THE CANOPY: Do not attempt to remove the canopy in strong or gusty winds.

STANDARD ELBOWS: For shade structures with Standard Elbows, loosen the turnbuckle several turns in order to put enough slack in the cable to allow the fabric and cable to unhook from all the elbow hooks. Attach 3/8” or larger ropes to each corner of the fabric and cable before unhooking to secure and properly control the fabric from ground level. If uninstalling in breezy conditions, choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the fabric from the structure. These ropes are to prevent the shade from flying away in the breeze and to help prevent injury to ground personnel. Once the corners have been secured to the posts, unhook the fabric and cables from each corner.

On the side away from the wind, release the corners of the fabric and cable and have a person hold on to each rope. It may help to wrap the rope around a column to help hold it from getting caught in the wind. Fold the fabric back away from the hooks. Now it will be necessary to remove the cable clamps to allow the cable to be free from the structure and the turnbuckle. If the cable ends are frayed, wrap them with tape. It is usually not necessary nor is it recommended that the cable be removed from the canopy.

With a person on each rope, starting at the windy side, gently pull the canopy down in between the framework of the structure.

The side away from the wind can be guided with the ropes toward the persons pulling the canopy down.

It is important when reinstalling the canopy, that it is put back in its original orientation to the structure. Starting at the turnbuckle corner, the fabric and cable corners should be returned to their original positions.

GLIDE ELBOWS: For shade structures with Glide Elbows, remove the protective covers from the ends of the glide elbows. Then, using the proper wrench, turn the hex nuts on the end of the Glide Elbow to run the glide hooks to their top most position. Do no loosen the cable clamps, leave the cable intact. Attach 3/8” ropes to each corner of the fabric and cable before unhooking to secure and properly control the fabric from ground level. If uninstalling in breezy conditions, choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the fabric from the structure. These ropes are to prevent the shade from flying away in the wind and to help prevent injury to ground personnel. Once the corners have been secured to the posts, unhook the fabric and cables. On the side away from the wind, release the corners of the fabric and cable and have a person hold on to each rope. Fold the fabric back away from the hooks. It is a good idea to put the Glide Elbow protective covers back in place. With Glide Elbow installations it is not necessary to loosen or remove the cable clamps nor to remove the cable from the canopy. If the cable ends are frayed, wrap them with tape.

When uninstalling the canopy, mark or identify the corner of origin in such a way that when reinstalling the canopy, it is put back in its original orientation to the structure. The fabric and cable corners should be returned to their original positions when reinstalling the canopy. The cable and fabric should tighten properly when the glide elbows are adjusted down into their tension positions.

SHADE SAILS WITH FANS: For shade sails equipped with fans, loosen the adjustable threaded rod several turns in order to put enough slack in the cable to allow the shackle pin to be removed (do not remove the pins until the fabric corners have been secured with ropes). Attach 3/8” or larger ropes to each corner of the fabric and fan before unhooking to secure and properly control the fabric from ground level. If uninstalling in breezy conditions, choose the windy side of the fabric and tie these corners to the posts with the ropes with enough slack to allow for unhooking the shackle from the structure. These ropes are to prevent the shade from flying away in the breeze and to help prevent injury to ground personnel. Once the corners have been secured to the posts, unhook the shackles and lower the fabric and cable to the ground.

REINSTALLING HINTS
Using the same rope technique, install from the windy side (if it is breezy) making sure to secure these ropes to the posts. Then, throw the remaining corner ropes over the structure and gently pull the canopy into position. The cables and fabric corners can now be fastened on the hooks (and cable guides if so equipped). Next reinstall the clamps if applicable and tightened the cable with the turnbuckle or the Glide Elbows. Do not attempt to install the canopy in strong or gusty winds. 4f.3
1 Superior Shade Description: Sheet:

A
BC
D
A
B
C
D
3 2 1 1 2 3
3 2 1 2 3
3 of 3
Secure Cable Ends
Protective Cover
BoltRetainer
Washer
At The Bottom
Glide Elbow
Protective CoverDrain Opening
Column
Hook Styles
Fabric Installation
Glide Elbow
NOTE: Pull Cable Over Hook Into Cable Guide. Pull Hole In Fabric Corner Of Four fabric Corners. Over Hook. This Applies To Three Hook & Cable Guide
Cable
Fabric Cover
NOTE: Cross Cable Ends Within Cable Guide. Pull Cables Tight To Remove Any Slack. Secure With Two Cable Clamps On Either Side Of Guide. Pull Strap On Fabric Corner Over Hook Followed By The Hole In Fabric. Tuck Loose cable Ends Back Into Fabric Hems.

And Fabric Tension.

Glide Elbow Details
NOTE: Rotate Hex Nut With Hand
NOTE: Rotate Glide Hex Nuts Equally With Hand Tool To Adjust Cable Installing Fabric. To The Top Of Slots Before
Glide Adjustment
NOTE: Remove Protective Tool To Adjust All Glide Hooks Glide Elbows. Cover From End Of Fabric Tension
Top Of Slot
NOTE: Larger Framework Will Have Glide Hooks With A Seperate Position For The Cable. For Standard Glide Elbows Both The Cable And Fabric Are Positioned Over Hook. 3 1/2" & 5" Glide Hook
2 1/2" & 2 7/8" With Cable GuideGlide Hook
Cable Clamps
Cable Clamps
Glide hook
4f.3
z ZOOM RECREATION, INC.
4000 Barranca Parkway, Suite 250-659, lrvine, CA 92604
[email protected]

1.0 PROJECT OVERVIEW
Zoom Recreation, lnc. (Zoom) shall furnish ali labor, materials, equipment, supervision, and coordination necessary to supply and install four (4) Superior Shade Structures in accordance with the manufacturer's specifications, engineered sealed drawings, and ali applicable building codes.

The work includes complete material procurement, freight, foundation construction, structural assembly, shade fabric installation, inspection coordination, site restoration, and final cleanup necessary to provide a complete and operational installation.

2.0 MATERIALS INCLUDED
Supply the following Superior Shade Structures:

One (1) 14' x 14' Cantilever Umbrella - 10' Entry Height One (1) 16' x 16' Cantilever Umbrella - 1 O' Entry Height One (1) 20' x 20' Center-Post Umbrella - 10' Entry Height One (1) 28' x 14' Standard Cantilever Shade
Structure - 10' Entry Height
Each structure includes:

Commercial-grade galvanized structural steel framework
Heavy-duty architectural shade fabric
Proprietary Glide Elbow System for simplified future
fabric removal
Water-resistant shade fabric
Shade protection of up to 98% uv
(depending on fabric color)
Minimum Hurricane Force 1 (76 MPH sustained wind) design Manufacturer's standard hardware, fittings, and
attachment components

3.0 ENGINEERING
lncludes:

Engineered sealed drawings
Structural calculations
Foundation design
Pier and spread footing analysis
Engineering performed in accordance with current
applicable building codes
Digital and hard-copy engineering documents for
permitting purposes

4.0 MATERIAL PRICING
lncludes:
12% Sourcewell Contract Discount on materials
Shipping and freight
Applicable sales tax

SCOPE OF WORK

5.0 INSTALLATION SCOPE
Alyce Gereaux Park
City of Brawley, California
Shade Structure lmprovements
July 2026
Zoom shall provide complete certified installation of ali four (4) shade structures.
lnstallation includes, but is not limited 10, the following:

5.1 MOBILIZA TION
Oelive,y schedullng and coordination
Receiving, unloading. and staging of ali materials onsite Equipment mobiliz.ation
Jobsi1e setup and protection

5.2 LAYOUT
Field layout and verification of structure locations
Verification of dimensions and footing locations
prior to excavation
Confirmation of installation locations with Owner,
when required

5.3 FOUNOATION CON5TRUCTION
Excavation of footing locations in accordance with
engineered drawings
Preparation of foundation excavations
lnstallation of reinfore,ing steel
lnstallation and alignment of anchor bolt assemblíes
Supply and placement of stfuctural concrete
Concrete placement utilizing a concrete pump truck,
as required
Construction of all foundat ions in accordance with
approved structural engineering

5.4 INSPECTION COOROINATION
Coordination with City inspectors, as required
Sc.heduling and coordination of reinforcing steel inspections Scheduling and coordination of concrete inspections
Coordination of required footing inspections
throughout construction

5.5 STRUCTURAL INSTALLATION
lnstallation and alignment of all structural steel columns lnstallation of beams, braces. and structural framing members Assembly of complete shade structure frames
lnstallation of all manufacturer~supplied hardware and
connection components
Final plumbing, leveling, alignment. and tightening
of all structural members

5.6 SHAOE FABRIC INSTALLATION
1nstallation of all shade fabric panels
Fabric tensioning in accordance with manufacturer specifications Final adjustment and inspection of fabric attachment systems

5.7 SITE RESTORATION
Backfill around completed foundations
Fine grading of disturbed areas
Haul-off and legal disposal of excess excavated material Removal of installation debris
General deanup of work area

5.8 LABOR
Cenified instaUation by qvalified installers
lnstallation performed ln accordance with manufacturer
specifications
lnstallation performed in accordance with engineered
sealed drawings
Ali labor performed in accordance with applicable
California Prevailing Wage requirements

6.0 PROJECT ASSUMPTIONS 7.0 CONTRACTOR RESPONSIBILITIES 8.0 OWNER / CITY RESPONSIBILITIES AII footings installed in existing native soil.

No concrete demolition. coring, sawcuuing, asphalt
removal. or concrete patching included.
footings Poured approx. 6'" below finished grade
and backfilled with native soil.

Site accessible with standard construction equipment.
including skid steers. mini excavators, forklifts, boom lifts, and concrete pump trucks.

Existing grades are assumed suitable for installation,
• No rock excavation, ground1Vater mitigation. overex.cavation. dewatering, or unsuitable soils anticipated.

9.0 EXCLUSIONS
Notify Undersround Service Alert (811) prior to excavation. ldentify utilities prior to excavation based on information provided by Owner/Cíty.

Protect existing utilities and structures.

Coordlnate with City inspectors as required.
lnstall work in accordance with applicable building codes and manufacturer reQuirements.

Maintain a safe and orderly jobsite.

Provide skilled labor and supervision.

Clean and restore site to condltion acceptable to OWner.

Permits and permit fees, third-party inspections, surveying. geote<:hnk.al repQrtS, utility reloeation. irrigation repairs, electrical work, water/sewer/storm drain/gas line relocation, landscaping replacement. concrete demolition, concrete coring, conerete patching. asphalt removal or replacem ent, traffic control, temporary fencing. site security, bonding, storage beyond proposat terms, or any work resufting from unforeseen site eondition.s.

Provide access to the site for equipment and materials.

Provide current utility as•built drawings prior to construction.

Confirm utility loc.ations and condítions.

Obtain and pay tor all required pennits and permit fees.

Provide site frec of debris and obstructions.

Coordinate and approve inspection scheduling as required.

Provide geotechnical report. if available.

Advise contractor of any known existing conditions
lhat may affect inscallalion,

10.0 CLOSEOUT
Final installation inspection
Removal of construction debris
Final site cleanup
Manufacturer warranty documentation
Final walkthrough with Owner. if requested
4f.4
City of Brawley
City Council
September 15, 2026
Agenda Item No 5a

STAFF REPORT
To: City Council
From: Rebecca Terrazas-Baxter, City Manager
Prepared by: Emmet Fried, Assistant to the City Manager Subject: Donation Request from the Imperial County Sheriff's Office for the Inmate Welfare Trust Fund
RECOMMENDATION:

Staff requests Council consideration of a sponsorship/donation to the Imperial County Sheriff’s Office Inmate Welfare Trust Fund in support of services provided to the City of Brawley for preparations related to the annual Cattle Call Rodeo. Staff does not offer a specific funding recommendation and seeks Council direction regarding:

1. Whether to approve a donation;

2. The amount of the donation; and

3. Whether to authorize a corresponding budget adjustment if the Council’s selected amount exceeds the current budgeted allocation for contributions for FY 26-27.

BACKGROUND INFORMATION:

On June 24, 2026, the Imperial County Sheriff’s Office (ICSO) submitted a written request for a $2,500 donation to its Inmate Welfare Trust Fund. The request, submitted by Undersheriff Robert Benavidez, explains that the Trust Fund is used exclusively to support programs, resources, and services benefiting incarcerated individuals. Funds deposited into the Trust Fund are administered by ICSO and may not be redirected for unrelated purposes.

The Trust Fund supports vocational training and skill-building programs, including landscaping, welding, and carpentry, as well as equipment, materials, supplies, clothing, and nutritional items associated with inmate work programs. ICSO reports that inmate work crews routinely provide services to the City of Brawley and the Brawley Cattle Call Rodeo Committee, including landscaping, cleanup, painting, digging, planting, and trash and shrubbery removal in preparation for the annual Cattle Call Rodeo.

The requested donation would support the Trust Fund generally. The connection to the City is that the programs and resources supported by the Trust Fund help facilitate inmate work crews that provide services benefiting City facilities and Cattle Call preparations.

Public Purpose and Budget Considerations
The proposed donation may provide a public benefit by supporting programs that facilitate inmate work crews performing services for the City and assisting with preparation and maintenance of 5a
facilities used for the annual Cattle Call event. These services can supplement City resources and support the readiness and maintenance of public facilities for a major community event.

The FY 2026-27 Adopted Budget includes $1,500 in Account 101-111.000-750.600 (Contributions, Membership and Dues). Because the requested donation is $2,500, any amount approved above the existing $1,500 allocation would require a corresponding budget adjustment from an appropriate City fund source.

FISCAL IMPACT:

The fiscal impact will depend on the amount authorized by City Council. The FY 2026–27 Adopted Budget includes $1,500 in Account 101-111.000-750.600 (Contributions, Membership and Dues). Any amount approved above $1,500 will require a corresponding budget adjustment.

ALTERNATIVES:

The City Council may:

1. Approve a $2,500 donation and authorize the necessary budget adjustment.

2. Approve a different donation amount and provide direction regarding any necessary budget adjustment.

3. Decline the donation request.

4. Provide alternative direction to staff.

ATTACHMENTS:

1. Donation request letter from the Imperial County Sheriff's Office.

REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
, , ,
REPORT APPROVAL(S):

STAFF REPORT
To: City Council
From: Rebecca Terrazas-Baxter, City Manager
Prepared by: Rebecca Terrazas-Baxter, City Manager
Subject: Consideration and Adoption of a Memorandum of Understanding with Imperial County Transportation Commission (ICTC) for Maintenance of Bus Stops within City Rights‑of‑Way
RECOMMENDATION:

Staff recommends that the City Council:

1. Approve the Memorandum of Understanding (MOU) between the Imperial County Transportation Commission (ICTC) and the City of Brawley for the ongoing maintenance of bus stops located within the City limits and served by Imperial Valley Transit (IVT); and

2. Authorize the Mayor to execute the MOU on behalf of the City.

BACKGROUND INFORMATION:

The Imperial County Transportation Commission (ICTC) has requested that it assume responsibility for the ongoing repair and maintenance of bus stop facilities located throughout the County, including bus stops within the City of Brawley that are served by Imperial Valley Transit (IVT).

Historically, the City of Brawley has performed maintenance of bus stop facilities within City rights-ofway and has received Local Transportation Funds (LTF), specifically Article 8e Transportation Development Act (TDA) funds, for this purpose. Under the proposed MOU, ICTC would utilize those Article 8e TDA funds directly to perform bus stop maintenance, discontinuing the City's direct allocation of those funds for this purpose.

The proposed MOU establishes the respective responsibilities of ICTC and the City and provides for ICTC to assume responsibility for the ongoing repair and maintenance of bus stop facilities within the City limits that are served by IVT.

Under the proposed MOU, ICTC would assume responsibility for the ongoing repair and maintenance of bus stop facilities within the City limits that are served by IVT. ICTC's responsibilities would include, but are not limited to:
- Removing trash and debris from bus stop facilities;
- Cleaning and/or painting shelter structures, benches, trash receptacles, and associated bus stop surfaces to address graffiti;
- Ensuring the proper functioning of shelter lighting, bus stop signage, and other appurtenances directly related to the bus stop; and
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- When funding becomes available, purchasing replacement parts or complete bus stop components, including shelters, benches, trash receptacles, and signage, as needed for ongoing maintenance or to maintain an inventory of replacement components.

The transfer of these responsibilities would provide an operational benefit to the City by reducing the ongoing maintenance workload currently carried by the City's Parks and Recreation staff. This would allow Parks and Recreation staff to focus greater attention and resources on other City parks, recreation, and jurisdictional maintenance responsibilities.

The MOU also establishes that the City will retain responsibility for City-owned sidewalks and associated infrastructure adjacent to the bus stops, including red-painted curbs. The City's responsibilities include repainting the curbs as necessary to maintain visibility and compliance with applicable regulations.

The MOU may be terminated by either party at any time, with or without cause. Amendments must be made in writing and mutually agreed upon by the parties.

The agreement identifies Streets and Highways Code Sections 114 and 130 as the authority for the parties to enter into the MOU.

Accordingly, approval of the MOU would align responsibility for bus stop facilities with ICTC, the agency responsible for IVT, while allowing the City to retain responsibility for infrastructure that remains within its jurisdiction.

FISCAL IMPACT:

Approval of the MOU is not anticipated to result in a new direct expenditure by the City. Under the agreement, ICTC will utilize Article 8e TDA funds directly for bus stop maintenance rather than the City receiving the direct allocation for this purpose. The transfer of maintenance responsibilities is also expected to reduce staff time and associated costs currently incurred by the City for routine bus stop maintenance. The City will retain costs associated with its responsibility for City-owned sidewalks and related infrastructure adjacent to bus stops.

ALTERNATIVES:

1. Approve the MOU and authorize the Mayor to execute the agreement, transferring ongoing bus stop maintenance responsibilities to ICTC as proposed.

2. Do not approve the MOU, in which case the City would continue its existing bus stop maintenance responsibilities and associated workload and costs.

ATTACHMENTS:

1. Memorandum of Understanding for Maintenance of Bus Stops Along City Rights-of-Way between the Imperial County Transportation Commission and the City of Brawley REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
April Hodgson, Parks and Recreation Manager, ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Marcela Tapia, Interim Finance Director Approved - 9/10/2026 5b
Rebecca Terrazas-Baxter, City Manager Approved - 9/10/2026 5b
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28 MEMORANDUM OF UNDERSTANDING

FOR MAINTENANCE OF BUS STOPS ALONG CITY RIGHTS OF WAY
This MEMORANDUM OF UNDERSTANDING (“MOU”), made and entered into this _______ day of _________________, 2026, is by and between the IMPERIAL COUNTY TRANSPORTATION COMMISSION (“ICTC”), and the CITY OF BRAWLEY, a municipal corporation of the State of California (“CITY”), (individually, “Party;” collectively, “Parties”).

RECITALS
WHEREAS, ICTC has agreed to the responsibility of repairing and maintaining bus stop facilities along various CITY rights-of-way. The bus stops, typically equipped with shelter structures, benches, and trash receptacles, are hereinafter referred to as the “Project”; and WHEREAS, it was agreed by the Parties that prior to or upon Project completion, ICTC and CITY would enter into this Maintenance MOU; and
WHEREAS, the CITY has historically received Local Transportation Funds (LTF), specifically Article 8e Transportation Development Act (TDA) funds, for the purpose of performing bus stop maintenance;
WHEREAS, ICTC will utilize those Article 8e TDA funds directly to perform such maintenance, thereby discontinuing the City’s direct allocation of these funds for this purpose; WHEREAS, the Parties hereto mutually desire to clarify and revise the division of maintenance and their respective responsibilities as to bus stops, or portions thereof, and areas lying within or outside rights-of-way limits, in reference to the Project; and
WHEREAS, ICTC and CITY do mutually desire to cooperate and to specify herein the conditions and the terms under which said maintenance is to be done.

NOW THEREFORE, for and in consideration of the mutual promises set out herein, ICTC and CITY have and hereby agree as follows:

1. The Parties have agreed that ICTC shall assume full responsibility for the ongoing repair and maintenance (hereinafter “maintain/maintenance”_ of all bus stops located within the City limits that are served by Imperial Valley Transit (IVT) services. Maintenance of the Project to be performed by ICTC includes, but is not limited to:
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28 A. Work necessary to keep the Project free of trash and debris.

B. Cleaning and/or painting to keep any Project shelter structure, bench, trash receptacle, and/or other associated bus stop surface free of graffiti.

C. Ensuring proper functioning of associated shelter lighting, bus stop signage, and/or other appurtenances directly related to the Project.

D. When funds become available, purchasing replacement parts or complete bus stops components (e.g., shelters, benches, trash receptacles, signage) as needed for ongoing maintenance or to maintain an inventory of spare components.

4. ICTC and CITY agree to accept their respective operational and maintenance responsibilities and related associated costs in the event of any changes to jurisdictional boundaries between the Parties. As part of this MOU, the city agrees to maintain responsibility for any city-owned sidewalk and associated infrastructure adjacent to the bus stop, including the red-painted curbs. This includes repainting the curbs as needed to ensure visibility and compliance with applicable regulations.

6. If during the term of this MOU ICTC should cease to maintain the Project, CITY may undertake to perform that maintenance on behalf of ICTC at ICTC’s expense. However, prior to CITY performing any maintenance on the Project, CITY will provide written notice to ICTC to cure the default, and ICTC will have thirty (30) days within which to effect that cure.

7. LEGAL RELATIONS AND RESPONSIBILITIES:

A. Nothing within the provisions of this MOU is intended to create duties or obligations to or rights in third parties not parties to this MOU or to affect the legal liability of a Party to this MOU by imposing any standard of care with respect to the operation and maintenance of CITY roadways and local facilities different from the standard of care imposed by law.

B. Neither ICTC nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction conferred upon CITY arising under this MOU. It is understood and agreed that CITY shall fully defend, indemnify, and save harmless ICTC and all of their officers and employees from all claims, suits, or actions 5b.1
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28 of every name, kind, and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, and other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this MOU.

C. Neither CITY nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by ICTC under or in connection with any work, authority, or jurisdiction conferred upon ICTC arising under this MOU. It is understood and agreed that ICTC shall fully defend, indemnify, and save harmless CITY and all of their officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation, and other theories or assertions of liability occurring by reason of anything done or omitted to be done by ICTC under this MOU.

8. IT IS FURTHER AGREED BY AND BETWEEN THE PARTIES THAT:

A. Term and Termination. This MOU shall be effective upon the date appearing on its face and shall remain in full force and effect until amended or terminated as provided in this MOU. Either party may terminate this MOU at any time with or without cause.

B. Relationship of the Parties. This MOU does not create a joint venture, partnership, or any other legal relationship of association among the Parties. Each Party is an independent legal entity and is not acting as an agent of the other Party in any respect. In all situations and circumstances arising out of the terms and conditions of this MOU, CITY, and any of its employees, is not an employee or agent of ICTC and is only responsible for the requirements and results specified by this MOU. CITY shall not be subject to ICTC’s control with respect to the physical actions or activities in fulfillment of the requirements of this MOU. CITY, and any of its employees, is not, and shall not be, entitled to receive from, or through, ICTC, and ICTC shall not provide, or be obligated to provide, CITY with Workers’ Compensation coverage or any other type of employment or worker insurance or benefit coverage required or provided by any Federal, State or local law or regulation for, or normally afforded to, an employee of ICTC. CITY shall not have the authority, express or implied, to act on behalf of, bind or obligate ICTC in any way.
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28 C. Notices. All payments, notices hereunder and communications regarding interpretation of the terms of this MOU or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed, as follows:

ICTC:

Imperial County Transportation Commission
1503 N. Imperial Avenue, Suite 104
El Centro, CA 92243
CITY:

City of Brawley
383 Main Street
Brawley, CA 92227
D. Waiver. No waiver of any breach of a provision in this MOU shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

E. Authority. The Parties are empowered by Street and Highways Code Section 114 & 130 to enter into this MOU and have delegated to the undersigned the authority to execute this MOU on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this MOU. Each of the individuals executing this MOU represents and warrants that he or she is duly authorized to execute and deliver this MOU on behalf of the appropriate entity.

F. Governing Law and Venue. This MOU shall be governed by and construed with the laws of the State of California. All activities conducted or undertaken by any Party will be in compliance with all applicable laws governing such Party. Venue shall be in Imperial County.

G. Amendment. This MOU may be amended in writing by mutual agreement of the Parties.

H. Assignment. This MOU shall not be assigned without written permission.

I. Entire Agreement. This MOU contains the entire agreement of the Parties relating to the subject matter hereof and supersedes all prior negotiations, agreements or understandings.

J. Counterparts. This MOU may be signed in counterparts, each of which shall constitute an original.
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28 IN WITNESS WHEREOF, the Parties hereto have executed this MOU on the day and year first above written.

IMPERIAL COUNTY CITY OF TRANSPORTATION COMMISSION:

By: ___________________________ By: ___________________________ Karin Eugenio, Chairperson JJ GALVAN, Mayor
ATTEST: ATTEST:
___________________________ _______________________________

CRISTI LERMA ANA GUTIERREZ
Secretary to the Authority City Clerk
APPROVED AS TO FORM:

By:___________________________ By: ___________________________ Geoffrey P. Holbrook William S. Smerdon
ICTC Counsel City Attorney
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City of Brawley
City Council
September 15, 2026
Agenda Item No 5c

STAFF REPORT
To: City Council
From: Ana Gutierrez, Acting Public Works Operations Manager Prepared by: Ana Gutierrez/Juan Manuel Cabrera, Acting PW Operations Manager/Interim Engineering Lead
Subject: 2-Year Deferral of Offsite Improvements for 899 Main Street RECOMMENDATION:

Approve a two (2)-year extension to defer construction of the required offsite improvements for the property located at 899 Main Street (APN 047-351-004 / CUP 20-02) and authorize the continued issuance of a Temporary Certificate of Occupancy, subject to the terms of the amended Deferral Agreement.

BACKGROUND INFORMATION:

On February 2, 2023, the Brawley City Council approved an initial three (3)-year Deferral Agreement with Desert Assets, LLC for the construction of required offsite improvements at 899 Main Street. The agreement allowed the applicant to defer completion of the improvements and obtain a Temporary Certificate of Occupancy to commence business operations.

Temporary improvements were subsequently completed along 9th Street to support occupancy of the property. These temporary improvements were separate from the permanent offsite improvements that were approved as part of the project and deferred under the Deferral Agreement. The approved plans identify the permanent improvements required for the property, including improvements to sidewalks, driveways, curbs and gutters, ADA access, and related site improvements.

The applicant, Desert Assets, LLC, represented by Mr. Russ Sako, recently applied for a new business license to expand the existing operation from “Javier’s Liquor” to “Javier’s Liquors & Mexican Food.” As part of the business license review, the Public Works Department assessed the previously deferred infrastructure obligations for the property. City staff subsequently discussed the status and anticipated timeline for completion of the required right-of-way improvements with the applicant.

Mr. Sako has requested an additional two (2)-year extension to the deferral agreement, explaining that the business did not begin operations until approximately two (2) years after the original agreement was approved and that additional time is needed to generate sufficient revenue to fund the required offsite improvements. The Temporary Certificate of Occupancy was issued on November 13, 2024.
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To ensure that the City’s interests remain protected and that the anticipated cost of the required improvements is appropriately documented, the Public Works Department requested an updated engineer’s cost estimate. On August 25, 2026, a revised estimate was submitted in the amount of $121,314.05.

The required off-site improvements include:
• Removal and replacement of existing concrete sidewalks, driveways, curbs, and gutters; • Installation of an ADA-compliant pedestrian access ramp; • Implementation of traffic control and erosion control Best Management Practices (BMPs); and • Required geotechnical testing.

Approval of the amended Deferral Agreement would provide the applicant with an additional two (2) years to complete the required offsite improvements while allowing the business to maintain its Temporary Certificate of Occupancy and business license during the approved deferral period.

The proposed extension provides additional time for the applicant to complete the required improvements while maintaining the City's ability to enforce the outstanding infrastructure obligations and preserving the City's documentation of the current estimated cost of the improvements.

FISCAL IMPACT:

No anticipated fiscal impact to the City. The applicant remains responsible for the cost of the required offsite improvements, currently estimated at $121,314.05.

ALTERNATIVES:

The City Council may take the following actions:

1. Approve the two (2)-year extension as recommended.

2. Deny the requested extension.

ATTACHMENTS:

1. Previous Agreement

2. Cost Estimate
REPORT COORDINATED WITH (other than person preparing the staff report):

Staff, Title or Consultant, Agency
, , ,
REPORT APPROVAL(S):

Staff, Title or Consultant, Agency Status – Date of Status Rebecca Terrazas-Baxter, City Manager Approved - 9/10/2026 Marcela Tapia, Interim Finance Director Approved - 9/10/2026 5c
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ITEM DESCRIPTION UNITS ESTIMATE UNIT COST COST
NO. QUANTITY
100 DEMOLITION
101 SAWCUT, REMOVE AND DISPOSE EXIST. C&G AND AC L.F. 230 $ 15.00 $ 3,450.00 102 SAWCUT, REMOVE AND DISPOSE EXIST. PCC S.F. 1340 $ 24.00 $ 32,160.00 (SIDEWALK, DRIVEWAY & ADA RAMP)
TOTAL 35,610.00 $
200 CONSTRUCTION
201 PCC CURB & GUTTER L.F. 207 $ 41.00 $ 8,487.00
202 PCC SIDEWALK S.F. 817 $ 12.50 $ 10,212.50
203 PCC HANDICAP RAMP S.F. 108 $ 25.00 $ 2,700.00
204 PCC DRIVEWAY S.F. 967 $ 28.00 $ 27,076.00
205 AC PAVEMENT S.F. 420 $ 15.00 $ 6,300.00
TOTAL 54,775.50 $
300 MISCELLANEOUS
301 TRAFFIC CONTROL L.S. 1 $ 6,000.00 $ 6,000.00
302 GEOTECHNICAL TESTING L.S. 1 $ 3,000.00 $ 3,000.00
303 EROSION CONTROL L.S. 1 $ 3,000.00 $ 3,000.00
304 INSTALL WATER METER AND BFP E.A. 1 $ 7,900.00 $ 7,900.00 TOTAL 19,900.00 $
SUB-TOTAL 110,285.50 $
CONTINGENCIES 10% 11,028.55 $
GRAND TOTAL $ 121,314.05
NOTES:

CLIENT: DESERT ASSETS, LLC. DATE: 08/25/26 JOB No.: 22-003 BY: JH SHEET: 1 OF 1
New Convenience Store
899 Main Street, Brawley, CA., 92227
Preliminary Cost Estimate
Off-Site Improvements

THE ENGINEER WILL NOT GUARANTEE THAT COST WILL NOT VARY,

SINCE HE HAS NO CONTROL OVER THE COST OF LABOR,

MATERIALS OR EQUIPMENT, OR OVER THE CONTRACTOR'S

METHODS OF DETERMINING PRICES, OR OVER COMPETITIVE
BIDDING OR MARKET CONDITIONS. IT IS THE RESPONSIBILITY OF

THE CONTRACTOR TO ESTABLISH THE QUANTITIES, THE AMOUNTS SHOWN ABOVE ARE APPROXIMATE.

IN THE CITY OF BRAWLEY, CA.
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Brawley City CouncilSeptember 15, 2026

Brawley City Council
September 15, 2026