CITY OF CORNING
CITY COUNCIL
CLOSED SESSION AGENDA
TUESDAY, JANUARY 27, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER: 5:00 p.m.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
The Brown Act requires that the Council provide the opportunity for people in the audience to briefly address the Council on the subject(s) scheduled for tonight’s closed session. Is there anyone wanting to comment on the subject(s) the Council will be discussing in closed session? If so, please come to the podium, identify yourself and give us your comments.
C. PUBLIC COMMENTS:
D. REGULAR AGENDA:
1. Conference with labor negotiator pursuant to section 54957.6:
Agency Negotiator: Sophia R. Meyer, Labor Relations Consultant Bargaining Units: Public Safety, Dispatcher, and Miscellaneous
2. Conference with Legal Counsel – Anticipated Litigation - Significant exposure to litigation pursuant to § 54956.9(b): (One case) E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING AGENDA
TUESDAY, JANUARY 27, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
This is an Equal Opportunity Program. Discrimination is prohibited by Federal Law. Complaints of discrimination may be filed with the Secretary of Agriculture, Washington, D.C. 20250.
In compliance with the Americans with Disabilities Act and Title VI. If you need special assistance or translation services to participate in this meeting, please contact the City Clerk’s Office at (530) 824-7033 or via email at [email protected]. Notification in advance of the meeting will enable the city to make reasonable arrangements to ensure accessibility to this meeting.
A. CALL TO ORDER: 5:30 p.m.
B. ROLL CALL:
Council: Dave Demo, Chuy Valerio, Shelly Hargens, and Lisa Lomeli Mayor: Robert Snow
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR: If there is anyone in the audience wishing to speak on items not already set on the agenda, please come to the podium, and briefly identify the matter. To ensure that all members of the public have an equal opportunity to address the City Council, public comments during the designated comment period will be limited to three (3) minutes per speaker. Council will then determine if such matter will be placed on the agenda for this meeting, scheduled for a subsequent meeting, or recommend other appropriate action.
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.
1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.
2. Waive the reading and approve the Minutes of the January 13, 2026, Closed Session and Regular City Council Meeting with any necessary corrections.
3. Claim Warrant from 1/10 to 1/21/2026 in the amount of $ 199,877.75.
4. January 22, 2026, Business License Report
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
I. PUBLIC HEARINGS AND MEETINGS: None
J. REGULAR AGENDA:
1. Approve renewal of a 5-year agreement with the Corning Junior Rodeo Association.
2. Accept Notice of Completion and authorize release of retention funds in the amount of $21,704.70 to Lamb Unlimited, Inc. for the Toomes Ave. Waterline Infill Project.
3. Consider approval of a five-year agreement with USA Waste of California, Inc. for franchise waste hauling services.
4. Consider approval of amendment to the agreement with New Cingular Wireless PCS, LLC lease space.
5. Review and adopt Resolution 01-27-2026-01 A Resolution amending the City’s Conflict of Interest Code.
6. Ratify Memorandum of Understanding between the City and the City of Corning Management Bargaining Unit.
7. Approve Task Order No. 11 under Engineering Contract 2018-07 for the sanitary sewer force main repair and creek debris mitigation in the amount of $86,195.00 to NorthStar Engineering.
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS: City Councilmembers will report on attendance at conferences/meetings reimbursed at City expense (Requirement of Assembly Bill 1234).
N. ADJOURNMENT:
Posted: Friday, January 23, 2026
CITY OF CORNING
CITY COUNCIL
CLOSED SESSION MINUTES
TUESDAY, JANUARY 13, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order by Mayor Snow at 4:30 pm.
B. ROLL CALL:
Councilmembers present:
Dave Demo
Shelly Hargens
Jose “Chuy” Valerio
Lisa Lomeli
Mayor- Robert Snow
Absent: None
Staff present: City Manager-Brant Mesker
City Attorney- Collin Bogener
C. PUBLIC COMMENTS: No comments.
D. REGULAR AGENDA:
1. Conference with labor negotiator pursuant to section 54957.6:
Agency Negotiator: Sophia R. Meyer, Labor Relations Consultant Bargaining Units: Management, Public Safety, Dispatcher, and Miscellaneous
2. Conference with Real Property Negotiators – Grazing Lease Review Government Code Section 54956.8
Property APN: 075-020-023, 075-020-004, 067-260-080, 067-260-079, 067-260-019, 067-260-077
Agency Negotiator: City Manager Brant Mesker
Under Negotiation: Price and terms of lease
3. Conference with Real Property Negotiators – AT&T Wireless Services Tower Rent Government Code Section 54956.8
Property APN: 071-115-007
Agency Negotiator: City Manager Brant Mesker
Under Negotiation: Terms of agreement
E. ADJOURN TO REGULARLY SCHEDULED CITY COUNCIL MEETING AND REPORT ON CLOSED SESSION:
The closed session was adjourned at 5:22pm. Mayor Snow reported there were no reportable action and gave directions to staff.
Item: G-2
CITY OF CORNING
CITY COUNCIL
REGULAR MEETING MINUTES
TUESDAY, JANUARY 13, 2026
CITY COUNCIL CHAMBERS
794 THIRD STREET
A. CALL TO ORDER:
The meeting was called to order by Mayor Snow at 5:30pm.
Mayor Snow asked for a moment of silence for Congressman Doug La Malfa.
B. ROLL CALL:
Councilmembers present:
Dave Demo
Shelly Hargens
Jose “Chuy” Valerio
Lisa Lomeli
Mayor- Robert Snow
Absent: None
Staff present: City Manager-Brant Mesker
City Attorney- Collin Bogener
City Clerk Rubi Ordaz
Public Works Director Eli Stanley
Planner/Rec. CoordinatorChristina Meeds
Building OfficialBenjamin Mierzwak
Fire Chief Tom Tomlinson
Police Chief Craig Bassett
C. PLEDGE OF ALLEGIANCE: Led by the City Manager.
D. INVOCATION: Led by Councilor Hargens.
E. PROCLAMATIONS, RECOGNITIONS, APPOINTMENTS, PRESENTATIONS:
1. Proclamation: January 2026 - National Stalking Awareness Month. Present to accept the Proclamation will be Empower Tehama’s Bilingual Legal Advocate, Susana Reyes.
2. Proclamation: January 2026 - Human Trafficking Awareness Month. Present to accept the Proclamation will be Empower Tehama’s Bilingual Legal Advocate, Susana Reyes.
Susana Reyes, Empower Tehama’s Bilingual Legal Advocate, presented information regarding stalking awareness and Human Trafficking.
F. PUBLIC COMMENTS AND BUSINESS FROM THE FLOOR:
Opened Public Comment at 5:41 pm.
Fire Chief Tom announced they had their annual Corning Volunteer Firefighters Election and they elected Captain Parker Johnson, Captain Billy Wooten, 2nd Assistant Fire Chief Jared Smith, Captain Robert Snow and 1st Assistant Fire Chief Daymon Schlereth.
Closed Public Comment at 5:42pm
Item: G-2
G. CONSENT AGENDA: It is recommended that items listed on the Consent Agenda be acted on simultaneously unless a Councilmember or members of the audience request separate discussion and/or action.
1. Waive reading, except by title, of any Ordinance under consideration at this meeting for either introduction or passage, per Government Code Section 36934.
2. Waive the reading and approve the Minutes of the December 9, 2025, Closed Session and Regular City Council Meeting with any necessary corrections.
3. December 4 to January 9, 2026, Claim Warrant in the amount of $ 674,759.52.
4. January 9, 2026, Business License Report
5. December 2025 Treasurer’s Report
6. December 2025 Wages & Salaries: $ 460,803.54
7. December 2025 Building Permit Valuation Report in the amount of $ 139,155.
8. December 2025 City of Corning Wastewater Operations Summary Report.
9. Consider waiver of special event permit fee for the Community Children’s Fair.
Councilor Valerio moved to approve consent items 1-8; Councilor Hargens seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
H. ITEMS REMOVED FROM THE CONSENT AGENDA:
Presented by City Manager, Brant Mesker. City staff is coordinating with the Tehama County Department of Education to host a free Community Children’s Fair in Corning on March 28, 2026, from 9:30 a.m. to 12:30 p.m. on Solano Street. The event will feature children’s activities and vendors, and staff are requesting Council approve a waiver of the special event permit fee.
The event, previously held in Red Bluff for 39 years, will require temporary street closure and support from three Public Works staff members.
Councilor Hargens requested consent agenda item number 9 be pulled for further discussion.
She is seeking information on the cost of shutting down Solano since this would require a few Public Works employees to come in and work on the weekend. She suggested perhaps holding it at a park would be a better idea since the city was already considering waving the event permit fee and holding it at a park would not cost the city additional funds.
City Manager, Brant stated the City parks are limited on parking space and since this event attracts a big crowd it would be best to hold it on Solano similar to the Tuesday Night Market.
Council members agreed that holding this event in Corning is significant since they have witnessed how many people attend, and with it being held on Solano it would give some businesses the opportunity to be seen.
Councilor Demo moved to approve waiver of Special Event Permit fee for the Community Children’s Fair; Mayor Snow seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
I. PUBLIC HEARINGS AND MEETINGS: None
J. REGULAR AGENDA:
1. Review Mayor’s recommendations and appoint Vice Mayor and City Representatives to various commissions/committees.
Item: G-2
Presented by City Manager, Brant Mesker, each year the appointed representatives by the Council to the committees, commissions and boards are reviewed. The Mayor makes the recommendations, and Council can approve or make changes as needed.
Councilor Lomeli requested to switch her appointment to the Tehama County Community Action Agency with Valerio’s Corning Chamber of Commerce Non-Voting Representative appointment.
All councilmembers did not have an issue with them switching.
Councilor Demo moved to approve the mayor’s recommended appointment of representatives to the below listed committees, commissions, and boards:
Vice Mayor: Dave Demo.
Tehama County Transportation Commission: Dave Demo
Wayfinding Signs Adhoc Committee: Jose “Chuy” Valerio & Shelly Hargens LAFCO (Tehama County Local Agency Formation Commission): Dave Demo Tehama County Community Action Agency: Jose “Chuy” Valerio Tehama County Solid Waste Management Agency (JPA): Shelly Hargens, Alternate: Dave Demo
3CORE: Brant Mesker & Robert Snow
Corning Chamber of Commerce Non-Voting Representative: Lisa Lomeli Corning Community Foundation: Lisa Lomeli
Senior Center Representative: Dave Demo
Tehama Vehicle Abatement Authority: Craig Bassett
NCCSIF: Brant Mesker & Khrysite Shoemaker
Airport Land Use Commission: Dave Demo
Mosquito Abatement Authority: Ross Turner
Tehama County Flood Control & Water Conservation District Groundwater Commission: Eli Stanley
AB3030 TAC: Brett White
Tehama County Integrated Waste Management Task Force (AB939): Brett White 2x2x2 School/City Committee: Robert Snow, Lisa Lomeli, and Brant Mesker Recreation Adhoc Committee: Dave Demo & Shelly Hargens (City Council); Blaine Smith & Meredith Allen (Recreation Commission).
; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
2. Authorize the purchase order with E.V.O.C. for the upfitting of one police vehicle.
Presented by Police Chief, Craig Bassett. In FY 2025/26, the Police Department budgeted $95,000 for the purchase and upfitting of a 2025 Ford Explorer Interceptor, which was received in July 2025. Staff is requesting to proceed without a formal bid under Section 3.1.082(A)(6) of the City’s Purchasing Policy, allowing negotiation with a single vendor to expedite the purchase at a reasonable price.
Councilor Hargens moved to approve City Council determines that this purchase is exempt from the city’s purchasing policy per section 3.12.082 a-6 of the Corning Municipal Code and Item: G-2
authorize the City Manager to sign the purchase order with E.V.O.C. for the upfitting of one police vehicle; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
3. Accept the Notice of Completion for the small pool resurfacing project.
Presented by Public Works Director, Elijah Stanley. The Small Pool Resurfacing Project has been completed, inspected, and approved by City staff. Staff is requesting Council acceptance of the Notice of Completion and authorization to file and record it with the Tehama County Clerk and Recorder.
The project was awarded to Adams Pool Specialties on October 28, 2025, for a base bid of $71,299.00. A $768.00 staff-approved change order was added to install required waterline depth markers, bringing the final contract amount to $72,067.00. The project was completed within budget and is covered by the $150,000 allocated in the FY 2025/26 budget.
Councilor Demo moved to accept and direct the Public Works Director to sign the Notice of Completion, and authorize the City Clerk to file the notice with the Tehama County for recording; Councilor Valerio seconded the motion.
Ayes: Snow, Valerio, Demo, Hargens, Lomeli
Absent: None
Abstain/Opposed: None
Result: Motion was approved by a 5-0 vote
4. Informational presentation-2025 review achievements and accomplishments and vision for 2026.
City Manager Brant Mesker presented highlights of all department accomplishments and project completions for the year 2025.
No motion was required. Informational presentation only.
K. ITEMS PLACED ON THE AGENDA FROM THE FLOOR:
L. COMMUNICATIONS, CORRESPONDENCE, AND INFORMATION:
M. REPORTS FROM MAYOR AND COUNCIL MEMBERS:
Demo: Attended a Senior Center meeting where they highlighted the achievements for 2025. He will be attending a LAFCO meeting soon.
Lomeli: No meetings.
Valerio: Invited everyone to attend the annual Awards Night for the Chamber of Commerce.
Hargens: Attended a Tehama County Landfill meeting and was notified they will no longer be doing the hazardous waste drop off in Corning due to low attendance and high cost to run the program. Hazardous waste will need to be taken to the Tehama County Landfill.
Snow: No meetings.
N. ADJOURNMENT: The meeting was adjourned at 6:28pm by Mayor Snow.
Attest:
______________
Rubi Ordaz, City Clerk
Item: G-2
M E M O R A N D U M
TO: HONORABLE MAYOR & COUNCIL
FROM: Lori Sims
Accounting Technician
DATE: January 22, 2026
SUBJECT: CASH DISBURSEMENT DETAIL REPORT FOR COUNCIL MEETING:
Tuesday, January 27, 2026
PROPOSED CASH DISBURSEMENTS FOR YOUR APPROVAL CONSIST OF THE FOLLOWING:
A. Cash Disbursements Ending 1-21-2026 $199,877.75
GRAND TOTAL $199,877.75
Item: G-3
1/22/2026 8:36:37 AM Page 1 of 3
Check Report
City of Corning, CA By Check Number
Date Range: 01/10/2026 - 01/21/2026
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: AP-AP Bank Code
ADP00 ADP, INC. 01/13/2026 Regular 0.00 443.44 40339
AIR00 AIRGAS USA, LLC 01/13/2026 Regular 0.00 112.04 40340 BIG02 BIG VALLEY SANITATION, INC. 01/13/2026 Regular 0.00 334.00 40341 COR08 CORNING LUMBER CO INC 01/13/2026 Regular 0.00 24.55 40342 DEP12 DEPT OF JUSTICE 01/13/2026 Regular 0.00 197.00 40343 MOS00 ERICA MOSKAL 01/13/2026 Regular 0.00 60.00 40344
LUM00 LUMINACE 01/13/2026 Regular 0.00 3,405.44 40345
NOR15 NORTHERN CALIFORNIA GLOVE 01/13/2026 Regular 0.00 494.74 40346 NOR47 NORTHSTAR 01/13/2026 Regular 0.00 9,015.74 40347
PAC29 PACE ANALYTICAL SERVICES, LLC 01/13/2026 Regular 0.00 366.25 40348 PIT01 PITNEY BOWES 01/13/2026 Regular 0.00 372.58 40349 JIM00 RAEMA A. JIMEMEZ 01/13/2026 Regular 0.00 300.00 40350 ROS01 ROSS, DANNETTE 01/13/2026 Regular 0.00 14.00 40351 TYL00 TYLER TECHNOLOGIES, INC. 01/13/2026 Regular 0.00 4,178.00 40352 UNI09 UNITED RENTALS (NORTH AMERICA), 01/13/2026 Regular 0.00 345.19 40353 USA01 USA BLUE BOOK 01/13/2026 Regular 0.00 105.71 40354 VAL11 VALLEY PACIFIC PETROLEUM SERVICE, INC. 01/13/2026 Regular 0.00 7,098.88 40355 VES00 VESTIS GROUP, INC. 01/13/2026 Regular 0.00 103.52 40356 WEL06 WELLS FARGO VENDOR FINANCIAL SVCS, LLC 01/13/2026 Regular 0.00 1,658.90 40357 ADA03 ADAMS POOL SPECIALTIES 01/15/2026 Regular 0.00 72,067.00 40358 ADP00 ADP, INC. 01/15/2026 Regular 0.00 499.06 40359
AGU01 ALEJANDRA AGUILAR 01/15/2026 Regular 0.00 4,736.00 40360 ARB00 ARBOR PROS LLC 01/15/2026 Regular 0.00 43,467.00 40361 ATT02 AT&T 01/15/2026 Regular 0.00 577.97 40362
ATT15 AT&T MOBILITY 01/15/2026 Regular 0.00 1,152.40 40363 DEP12 DEPT OF JUSTICE 01/15/2026 Regular 0.00 35.00 40364 DEP03 DEPT OF TRANS/CAL TRANS 01/15/2026 Regular 0.00 5,221.41 40365 EME02 EMERGENCY VEHICLE OUTFITTING COMPANY 01/15/2026 Regular 0.00 -19,200.09 40366 EME02 EMERGENCY VEHICLE OUTFITTING COMPANY 01/15/2026 Regular 0.00 19,200.09 40366 FIR13 FIRST NATIONAL BANK OMAHA 01/15/2026 Regular 0.00 2,586.24 40367 FIR20 FIRST NATIONAL BANK OMAHA 01/15/2026 Regular 0.00 3.05 40368 GAY02 GAYNOR TELESYSTEMS, INC 01/15/2026 Regular 0.00 145.00 40369 HIN01 HINDERLITER DE LLAMAS & ASSOCIATES 01/15/2026 Regular 0.00 1,377.87 40370 PAY01 PAYGOV.US LLC 01/15/2026 Regular 0.00 5,669.60 40371 QUI02 QUILL CORPORATION 01/15/2026 Regular 0.00 649.58 40372 RED00 RED BLUFF DAILY NEWS 01/15/2026 Regular 0.00 618.87 40373 SOU06 SOUTH AVENUE ACE 01/15/2026 Regular 0.00 707.55 40374 TPX00 TPX COMMUNICATIONS 01/15/2026 Regular 0.00 1,193.07 40375 PAT02 PATTERSON ELECTRIC, INC. 01/15/2026 Regular 0.00 1,381.98 40376 ADA04 ADAMS ASHBY GROUP, INC. 01/16/2026 Regular 0.00 2,500.00 40377 AMA02 AMAZON CAPITAL SERVICES, INC. 01/16/2026 Regular 0.00 885.90 40378 MIE00 BENJAMIN MIERZWAK 01/16/2026 Regular 0.00 159.60 40379 COP02 COPY CENTER 01/16/2026 Regular 0.00 98.90 40380
HOL04 HOLIDAY MARKET #32 01/16/2026 Regular 0.00 435.12 40381 KNI00 KNIFE RIVER CONSTRUCTION 01/16/2026 Regular 0.00 992.76 40382 SCH01 LES SCHWAB TIRE CENTER 01/16/2026 Regular 0.00 44.17 40383 PAC29 PACE ANALYTICAL SERVICES, LLC 01/16/2026 Regular 0.00 256.00 40384 PGE2B PG&E 01/16/2026 Regular 0.00 553.80 40385
VER02 VERIZON WIRELESS 01/16/2026 Regular 0.00 228.06 40386 ATT17 AT&T 01/21/2026 Regular 0.00 107.00 40387
EME02 EMERGENCY VEHICLE OUTFITTING COMPANY 01/21/2026 Regular 0.00 19,200.09 40388 ENL02 ENLOE MEDICAL CENTER 01/21/2026 Regular 0.00 2,500.00 40389 N&S00 N&S TRACTOR 01/21/2026 Regular 0.00 604.29 40390
MEN01 PERLA MENDOZA 01/21/2026 Regular 0.00 45.00 40391 Item: G-3
Check Report Date Range: 01/10/2026 - 01/21/2026
1/22/2026 8:36:37 AM Page 2 of 3
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number PGE09 PG&E 01/21/2026 Regular 0.00 231.40 40392
PGE2A PG&E 01/21/2026 Regular 0.00 54.09 40393
RED01 RED BLUFF DAILY NEWS 01/21/2026 Regular 0.00 57.94 40394 SHN00 SHN CONSULTING ENGINEERS & GEOLOGISTS 01/21/2026 Regular 0.00 205.00 40395 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code AP Summary
Bank Drafts
EFT's
57 0
1 0
0 0.00
0.00 0.00
0.00 0.00
58 0.00
Payment
219,077.84
0.00 -19,200.09
0.00 0.00
199,877.75
Payable
Count
69 0
0 0
0 69
Item: G-3
Check Report Date Range: 01/10/2026 - 01/21/2026
1/22/2026 8:36:37 AM Page 3 of 3
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
57 0
1 0
0 0.00
0.00 0.00
0.00 0.00
58 0.00
219,077.84
0.00 -19,200.09
0.00 0.00
199,877.75
69 0
0 0
0 69
Fund Name Period Amount
Fund Summary
000 Pooled Cash 1/2026 199,877.75
199,877.75
Item: G-3
Date..: Jan 22, 2026 CITY OF CORNING Page.: 1
Time..: 8:47 am NEW BUSINESSES FOR CITY COUNCIL List.: NEWB Run by: LORI SIMS Group: WTFMBM
Business Name Address CITY/STATE/ZIP Business Desc Bus Start Date ----------------------------------------------------------------------------------------------------------------------------------------- FLORES LANDSCAPING 1570 RICE AVE CORNING, CA 96021 LANDSCAPE MAINTANENCE -REPAIR SPRINKLERS 01/21/26 L AND J HOME CARE 22299 CORNING RD CORNING, CA 96021 HOME & YARD CARE 01/21/26 SAZON AGUASCALIENTES 1905 SOLANO ST CORNING, CA 96021 SELLING FOOD & BEVERAGES FROM FOOD TRUCK 01/21/26 Item: G-4
ITEM NO: J-1
APPROVE RENEWAL OF A 5-YEAR
AGREEMENT WITH CORNING
JUNIOR RODEO ASSOCIATION
JANUARY 27, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
The Corning Junior Rodeo Association leases the Rodeo grounds located at Clark Park.
They have constructed and continue to maintain the Rodeo Grounds facilities. Their current agreement ends March 31, 2026, and are requesting to extend the agreement another five (5) years, through March 31, 2031.
BACKGROUND:
The previous Agreement with the Rodeo Association was approved by the City Council on March 4, 2021, for a term of five (5) years, expiring on March 31, 2026. Under the terms of the existing Lease, the Lessee may request a renewal by providing written notice to the City within thirty (30) days of the Lease expiration. The required written notice has been submitted (see attached letter from Nikki Alexander). Any renewal of the Lease must be negotiated with the City, documented in writing, and executed by both parties.
The Rodeo Association has provided the City with comprehensive general liability insurance for the annual Junior Rodeo event, naming the City of Corning as an additional insured. The same liability coverage is required for any other events held at this venue.
RECOMMENDATION:
Mayor and City Council approve the renewal of a 5-year lease agreement between the City of Corning and the Corning Junior Rodeo Association.
Attachments:
• Lease Agreement
• Renewal request letter
LEASE AGREEMENT
THIS LEASE AGREEMENT is made on April 1, 2026, and is by and between the CITY OF CORNING, a General Law City (hereinafter “Lessor and/or City”) and the CORNING JUNIOR RODEO ASSOCIATION, (hereinafter “Lessee”).
I. RECITALS:
WHEREAS the City is the owner of real property in the southeast part of the City of Corning which property is generally referred to as the Estil C. Clark Park; WHEREAS on such property is located a baseball field, open space, a horse arena, and other facilities; the horse arena being the subject of this Lease; WHEREAS the Lessee, as a Lessee, has previously used and improved the horse arena facilities thus making substantial capital improvements thereon; WHEREAS the Lessee is involved in an educational and recreational program which is beneficial to our youth and the overall citizens of the City of Corning.
WHEREAS the City desires to continue to offer the benefits of the lease to Lessee, and to do so under the terms and conditions set forth herein.
II. AGREEMENT:
IT IS THERFORE AGREED that City shall hereby continue to lease to Lessee the above described horse arena on the following terms and conditions:
1. Term.
The term of the Lease shall be for a period of five (5) years commencing April 1, 2026 and terminating on March 31, 2031.
2. Renewal of Lease.
At the end of the term of this Lease, Lessee shall have an opportunity to renew this Lease by providing written notice to City within 30-days of the expiration of the Lease term. Any renewal of this Lease shall be negotiated with City, in writing, and signed by the parties thereto.
3. Leased Premises and Improvements.
City is leasing to Lessee, and Lessee is leasing from the City the horse arena area shown in bold outline on the attached EXHIBIT “A”, hereinafter referred to as the “leased premises”. In addition, Lessee may use the unsurfaced and adjacent surfaced area for parking of vehicles off-loading and loading of horses. Furthermore, Lessee may build, construct, or remodel the facilities of the horse arena, but prior to any such building, construction, or remodeling, Lessee shall first present to the Recreation Commission for review and recommendation to the City Council of the City of Corning written plans and proposals for such building, construction, or remodeling, and must obtain the approval of the City of Corning, and obtain a Building Permit issued for each such plan before beginning any building, construction, and remodeling. Any improvements made on the lease premises, affixed, or attached, shall remain on site and the property of City after expiration of the Lease term.
Any uses outside of the scoped of this Lease are not capable of creating a prescriptive right or otherwise modifying this Lease and is therefore not legally enforceable unless set forth in writing, signed by all parties and attached to this Lease.
Item: J-1
4. Consideration for Lease.
The horse arena is leased to Lessee in consideration of the benefit to the public and citizens of the City, and the recreational and educational benefits to the public and citizens of the City. As further consideration for the Lease, Lessee agrees to maintain the corrals and other improvements at the leased premises at its sole cost, and to further construct capital improvements at Lessee’s sole and absolute cost where necessary.
Any challenge to this Lease as illegal under the California Government Code whether of merit or not, shall be grounds for City to terminate the lease on 30-days written notice to Lessee.
5. Use of Leased Premises and Utilities.
The horse arena is leased to Lessee for the purpose of horse shows, rodeo events, and other associated activities of the Corning Junior Rodeo Association. Lessee shall not use the premises for any unlawful purpose, taking into consideration laws, ordinances, and rules of Federal, State, County, and City entities. City shall not be responsible for furnishing any utilities or other facilities. However, at such points in the area where water is available, Lessee may use the same without fee. This Agreement creates an exclusive right in the Lessee to use and control the use of the premises throughout the entire term of the Lease subject only to the Lessee’s obligation to make the premises available for City or City applicant’s use upon reasonable advance notice.
6. No Ability to Encumber.
Lessee shall not encumber the leased premises, in any manner, for any purpose.
7. Indemnity, Defense and Hold Harmless.
Lessee shall indemnify, defend, and hold City, and the property of City , including said leased premises, free and harmless from any and all liability, claims, injuries, losses, damages, or expenses resulting from Lessee’s, its guests or invitees occupation, use, and/or presence on the leased premises, specifically including, without limitation, any liability claim, loss, injury, damage, or expense arising by reason of the death or injury of any person or persons, or any damage to any property, whether the property belongs to City or some other person or entity.
8. Dangerous Activity/Condition.
LESSEE ACKNOWLEDGES THAT HORSE, BULL, AND/OR OTHER ANIMAL RIDING ACTIVITIES OF ALL KIND ARE INHERENTLY DANGEROUS ACTIVITIES. CITY HAS NO OBLIGATION TO WARN LESSEE OR LESSEE’S GUESTS AND/OR INVITEES
OF THE INHERENT DANGERS OF HORSEBACK RIDING AND/OR
HANDLING/RIDING OF RODEO ANIMALS. Lessee acknowledges this point and further acknowledges that Lessee must continue to educate users of the leased premises of the inherent dangers of horseback riding and handling of horses, bulls, and other rodeo animals prior to such use of the leased premises by gaining a signed acknowledgement by the user where of age, or his/her guardian where underage, before any use of the leased premises. Lessee is further contractually bound to promptly repair any dangerous condition on the leased premises or adequately warn of the condition to any user such that the warning ensures the end user will be made fully aware of the dangerous condition. Where a warning is issued of a dangerous condition, Lessee shall promptly begin repair of the condition or cease use of the leased premises until such repair can be made to ensure its safe use and occupation. Failure to meet the above stated obligations is considered a breach of this Agreement and negligence under California Law.
Item: J-1
9. Insurance.
Lessee shall, for each activity or event conducted by it or authorized by it to be conducted on the premises, at Lessee’s own cost and expense, secure and maintain a broad form comprehensive coverage of public liability insurance issued by an insurance company acceptable to City and authorized to issue liability insurance in California insuring Lessee and City against loss or liability caused by or connected with the occupation and use of the leased premises and any activity conducted thereon in a combined coverage amount of at least two million dollars ($2,000,000) to cover death or injury to a person or persons and property damage. City shall be named as an additional insured on the Policy and Lessee shall provide City with a Certificate of Insurance verifying the required coverage within one week prior to any such scheduled activity or event. During the intervals between insured activities or events conducted on or authorized to be conducted on the premises by the Lessee, the City shall provide liability coverage for injuries or damage which may occur on the premises through its Northern California Self Insurance Fund (NCCSIF). Any policy of insurance secured for an event must be of sufficient duration to capture all uses, including parking, offloading of animals, arena use, and loading, which can extend beyond the actual planned event.
10. Clean and Sanitary Condition of Leased Premises.
At all times during the term of this Lease, or any extensions, Lessee shall maintain the leased premises and adjoining areas in a clean and sanitary condition. At the expiration of this Lease, or any extension thereof, Lessee shall vacate the leased premises and adjoining areas, and leave them in a clean and sanitary condition.
11. No Assignment.
Lessee shall not assign nor sublease its right or interest in this Lease or the leased premises, or adjoining areas, without the prior written consent of City. Under no circumstance is City obligated to consent to any proposed assignment or sublease.
12. Breach.
If the Lessee shall breach or commit a default under the Terms and Conditions of this Lease concerning any Term or Condition of this Lease, City shall have the right to terminate the Lease on 30 days written notice to the Lessee. Waiver of any breach or default by the City shall not constitute a waiver of any future breach or default. Upon any breach, City shall have the right to pursue all available remedies and damages under California Law.
IN WITNESS WHEREOF, this Agreement is executed at Corning, California on the date first above written.
CORNING JUNIOR RODEO ASSOCIATION, CITY OF CORNING,
LESSEE LESSOR
By: _______________________________ By: ____________________________ Robert Snow, Mayor
Dated: ____________________________ Dated: _________________________ Item: J-1
EXHIBIT “A” TO THE LEASE AGREEMENT MADE EFFECTIVE ON APRIL 1, 2026,
BY AND BETWEEN THE CITY OF CORNING, AND
THE CORNING JUNIOR RODEO ASSOCIATION.
Aerial Image of Leased Premise
PARKING
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Item: J-1
Item: J-1
ITEM NO.: J-2
ACCEPT NOTICE OF COMPLETION AND
AUTHORIZE RELEASE OF RETENTION
FUNDS IN THE AMOUNT OF $21,704.70
TO LAMB UNLIMITED, INC. FOR THE
TOOMES AVE WATERLINE INFILL
PROJECT.
JANUARY 27, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
The Toomes Ave Waterline Infill Project is complete and has been inspected and approved by City Staff. As such, staff requests the following: City Council accept the Notice of Completion for the project, authorize Staff to file and record a Notice of Completion with the Tehama County Clerk and Recorder, and authorize the release of the Retention Funds in the amount of $21,704.70 to Lamb Unlimited, Inc. 30 days following the signed Notice of Completion.
The Notice of Completion is attached for Council review.
BACKGROUND:
On August 26, 2025, City Council awarded the Toomes Avenue Waterline Infill Project to Lamb Unlimited, Inc. with a base bid of $434,094.00 and authorized the City Manager to approve change orders up to 10% of the contract amount. No change orders were issued, and the final cost remained $434,094.00.
FINANCIAL:
The City of Corning Well Project is funded through Funding Agreement No. 460015659 with the State of California Department of Water Resources under the Small Community Drought Relief Program, in the amount of $2,000,000. Below is a breakdown of how these funds will be allocated:
Design $531,268.00
Waterline Infill Project $434,094.00
Well Project $995,190.00
Total: $1,960,552
RECOMMENDATION:
THAT MAYOR AND COUNCIL:
• ACCEPT AND DIRECT THE PUBLIC WORKS DIRECTOR TO SIGN THE NOTICE OF
COMPLETION, AND AUTHORIZE CITY CLERK TO FILE NOTICE WITH THE TEHAMA COUNTY FOR RECORDING; AND
• AUTHORIZE THE RELEASE OF RETENTION FUNDS TO LAMB UNLIMITED, INC. IN THE AMOUNT OF $21,704.70
WHEN RECORDED MAIL TO:
City of Corning
794 Third Street
Corning, CA 96021
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is owner or agent of the owner of the interest or estate stated below in the property hereinafter described.
2. The full name and address of the undersigned owner is City of Corning, 794 Third Street, Corning, CA 96021.
3. There was completion of the 2025/2026 Corning Toomes Ave Waterline Infill Project #029-2025CC, a project consisting of the installation of approximately one mile of new water service line along Toomes Avenue, extending from Loleta Avenue to Fig Lane. The project included the installation of service connections and meter boxes at all adjacent properties for future tie-ins to close the existing gap in water service in Corning, CA.
4. The work has been completed and is suitable to be put into use as of January 23, 2026, and has therefore been accepted for ownership and operation by The City Council of the City of Corning at a Regular Council Meeting on January 27, 2026.
5. The name of the General Contractor is: Lamb Unlimited Inc., PO Box 190, Corning, CA 96021, under a contract dated September 8, 2025.
6. The property herein referred to is situated in the City of Corning, Tehama County, and State of California.
January 27, 2026, Signature of Agent of Owner: _____________________________ Date Elijah Stanley, Director of Public Works
Verification for Non-Individual owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the Public Works Director of the aforesaid interest or estate in the property described.
In the above notice; that I have read the said notice, that I know and understand the contents thereof and that the facts stated therein are true and correct.
January 27, 2026 ____________________________________
Elijah Stanley
Director of Public Works
City of Corning, Corning, CA
Item: J-2
ITEM NO.: J-3
CONSIDER APPROVAL OF FIVEYEAR AGREEMENT WITH USA
WASTE OF CALIFORNIA, INC. FOR
FRANCHISE WASTE HAULING
SERVICES
January 27, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
SUMMARY:
City staff negotiated a new agreement with USA Waste of California, Inc. dba Corning Disposal (Waste Management -WM). If the agreement is approved, it would commence on March 1, 2026 and expire December 31, 2035, and may be extended for successive 5-year terms. The rate increase proposed is contract related and based on the CPI. The annual rate increase methodology is described in Section 3.4 of the Agreement. The increase for residential customers service is as indicated below. The cost of commercial service is based on service level and detailed in Exhibit C of the Agreement as well as attached to this agenda item.
RESIDENTIAL RATES Current Rate
New Rate
Effective April
1, 2026
Cart Rates
64 Gallon MSW (up to 2-64 Gallon Recycling Carts and 1-96 Gallon Green Waste Cart) $27.53 $31.08 96 Gallon MSW (up to 2-64 Gallon Recycling Carts and 1-96 Gallon Green Waste Cart) $29.90 $33.74 1-32 Gallon Senior Citizen Cart (up to 2-64 Gallon Recycling Carts and 1-96 Gallon Green Waste Cart)* $14.94 $18.28 Additional Recycling (after 2 free) or Green Waste Carts (after 1 free) $7.03 $9.32 Should the City Council approve the Agreement as proposed, the City will proceed with Proposition 218 noticing requirements. A Public Hearing to approve the rates will be scheduled for March 24, 2026, with the new rates taking effect April 1, 2026.
A summary of the Agreement is provided below (new changes to the agreement are in italics):
• Franchise Fee 6% of gross revenues collected
• Waste Management will continue billing for accounts
• Base rate of garbage service for new residential accounts will be 64-gallons • Curbside pickup events and bulky goods drop off at the facility, bulky goods or bagged items cumulatively not exceeding 4 cubic yards
• New street sweeping service contractor with services twice per month in residential areas and twice per month in commercial areas
• Debris boxes per year for illegal dumping cleanup events • Annual public recycling and waste diversion education and outreach budget • A local customer service line shall be available in English and Spanish to the public and answered during business hours with the opportunity to leave a voicemail when after normal business hours. Calls received after normal business hours shall be addressed the next workday.
• Quarterly and annual reports specifying tonnage data, AB 341 compliance data, customer service complaint log, and a vehicle report log
• Required insurance requirements
State Law authorizes local governments to issue “Franchises” to private service providers in order to deliver municipal services such as garbage service.
Some changes changes to the Agreement language were necessary due new or implemented legislation.
RECOMMENDATION:
Mayor and City Council:
• Approve the proposed Solid Waste Franchise Agreement with USA Waste of California, INC. for franchise waste hauling services; and • Authorize staff to promptly begin the Proposition 218 public noticing process Item: J-3
CITY OF CORNING
RATE SCHEDULE
Effective April 1, 2026
RESIDENTIAL RATES Current Rate CPI
Contract
Related
New Rate
Effective April 1,
2026
Cart Rates
64 Gallon MSW (up to 2-64 Gallon Recycling Carts and 1-96 Gallon Green Waste Cart) $27.53 $0.70 $2.85 $31.08 96 Gallon MSW (up to 2-64 Gallon Recycling Carts and 1-96 Gallon Green Waste Cart) $29.90 $0.76 $3.08 $33.74 1-32 Gallon Senior Citizen Cart (up to 2-64 Gallon Recycling Carts and 1-96 Gallon Green Waste Cart)* $14.94 $0.38 $2.96 $18.28 Additional Recycling (after 2 free) or Green Waste Carts (after 1 free) $7.03 $0.18 $2.11 $9.32 * Only 1 cart at the discounted rate (by 4/1/29, this will be 75% of the 64 Gallon rate) ANCILLARY RATES Current Rate CPI
Contract
Related
New Rate
Effective April 1,
2026
Residential
Side Yard Service - up to 50 feet $13.67
Go back charge (same day by noon, otherwise considered non-service day) - all material types $60.85 $16.54 Extra Pickup on non-service day - all material types Not Available $23.96 Contamination charge: Recycle & Green Waste $19.72 $0.50 $2.03 $22.25 Overfull Container: all material types $19.72 $0.50 $2.03 $22.25 Replace lost or stolen cart $114.96 $2.91 $9.24 $127.11 Replace or Exchange damaged container (not caused by WM) $114.96 $2.91 $9.24 $127.11 Account reactivation charge (from bad pay) - no delivery $60.85 $1.54 $4.89 $67.28 Account reactivation charge (from bad pay) - w/ delivery $108.19 $2.74 $8.69 $119.62 Late Payment charge 2.5% of balance
($5.00 min.)
2.5% of balance
($5.00 min.)
Item: J-3
COMMERCIAL AND MULTI-FAMILY RATES** Current Rate CPI
Contract
Related
New Rate
Effective April 1,
2026
Cart Rates
64-Gallon MSW Cart - 1X Week $29.78 $46.62
96-Gallon MSW Cart - 1X Week $29.78 $50.62
Bin Rates
1 Yard - 1X Week $95.20 $2.41 $9.85 $107.46
1.5 Yard - 1X Week $133.11 $3.37 $13.78 $150.26
1.5 Yard - 2X Week $243.56 $6.16 $25.20 $274.92
2 Yard - 1X Week $171.13 $4.33 $17.71 $193.17
2 Yard - 2X Week $336.84 $8.52 $34.86 $380.22
2 Yard - 3X Week $429.84 $10.87 $44.48 $485.19
3 Yard - 1X Week $243.56 $6.16 $25.20 $274.92
3 Yard - 2X Week $435.81 $11.03 $45.10 $491.94
3 Yard - 3X Week $564.37 $14.28 $58.41 $637.06
4 Yard - 1X Week $319.55 $8.08 $33.06 $360.69
4 Yard - 2X Week $545.63 $13.80 $56.48 $615.91
4 Yard - 3X Week $737.89 $18.67 $76.36 $832.92
4 Yard - 4X Week $999.77 $25.29 $103.47 $1,128.53
6 Yard - 1X Week $435.81 $11.03 $45.10 $491.94
6 Yard - 2X Week $737.91 $18.67 $76.36 $832.94
6 Yard - 3X Week $1,039.88 $26.31 $107.60 $1,173.79
6 Yard - 4X Week $1,310.26 $33.15 $135.60 $1,479.01
6 Yard - 5X Week $1,580.64 $0.00 $203.57 $1,784.21
Recycling
64-Gallon Roller Cart - 1X Week (after 2 free) $26.77 $0.68 $0.00 $27.45 1 Yard - 1X Week $64.48
1.5 Yard - 1X Week $80.89
1.5 Yard - 2X Week $114.72
2 Yard - 1X Week $93.17
2 Yard - 2X Week $152.85
2 Yard - 3X Week $188.43
3 Yard - 1X Week $134.19
3 Yard - 2X Week $195.71
3 Yard - 3X Week $259.28
4 Yard - 1X Week $140.15
4 Yard - 2X Week $233.73
4 Yard - 3X Week $299.66
6 Yard - 1X Week $180.33
6 Yard - 2X Week $293.11
6 Yard - 3X Week $371.45
Green Waste
96-Gallon Roller Cart - 1X Week $33.13
Extra Pickup Rates Same Day - all material types
Roller Cart Extra Pickup $15.31 $0.39 $9.10 $24.80
1 Yard - Extra Pickup $20.82 $0.53 $10.89 $32.24
1.5 Yard - Extra Pickup $29.13 $0.74 $15.21 $45.08
2 Yard - Extra Pickup $37.48 $0.95 $19.52 $57.95
3 Yard - Extra Pickup $53.30 $1.35 $27.83 $82.48
4 Yard - Extra Pickup $69.96 $1.77 $36.48 $108.21
6 Yard - Extra Pickup $95.43 $2.41 $49.74 $147.58
Extra Pickup Rates Non Service Day - all material types Roller Cart Extra Pickup $32.90
1 Yard - Extra Pickup $59.10
1.5 Yard - Extra Pickup $82.64
2 Yard - Extra Pickup $106.24
3 Yard - Extra Pickup $151.21
4 Yard - Extra Pickup $198.38
6 Yard - Extra Pickup $270.57
Temporary Bin Rate
4 Yard “BIN-A-DAY” 3 Day Rental $136.96 $3.47 $11.01 $151.44 Per Day rental charge after three days $47.68
**Trash service includes 2 64G recycling carts
Item: J-3
ANCILLARY RATES Current Rate CPI
Contract
Related
New Rate
Effective April 1,
2026
Commercial
Contamination charge: Recycle & Green Waste $68.03 $1.72 $7.03 $76.78 Overfull Container: all material types $92.37 $2.34 $9.55 $104.26 Lock Fee per bin (per month, per lock) $7.77
Lock Replacement Fee $12.95
Long walk service. Up to 100 feet $13.32 $0.34 $1.37 $15.03 Replace or Exchange damaged container (not caused by WM) $114.96 $2.91 $9.24 $127.11 Account reactivation charge (from bad pay) - no delivery $60.85 $2.91 $3.52 $67.28 Account reactivation charge (from bad pay) - w/ delivery $108.19 $2.91 $8.52 $119.62 Late Payment charge 2.5% of balance
($5.00 min.)
2.5% of balance
($5.00 min.)
ROLL OFF BIN RATES Current Rate CPI
Contract
Related
New Rate
Effective April 1,
2026
Temporary Drop Box Rates
20 Yard Haul - includes 3 tons* $644.98 $16.32 $66.75 $728.05 30 Yard Haul - includes 3 tons* $723.13 $18.30 $74.83 $816.26 Compactor Rates
Compactor Haul Rate - Any Size - does not include tonnage** $491.85 $12.44 $50.91 $555.20 *Disposal over 3 tons are charged actual disposal charges from Tehama County/Red Bluff Landfill **Customer owned. Actual tonnage is charged from Tehama County/Red Bluff Landfill ANCILLARY RATES Current Rate CPI
Contract
Related
New Rate
Effective April 1,
2026
Roll Off
Per Day rental charge after seven days $15.12 $0.38 $32.18 $47.68 Roll Off Trip Charge $202.89 $5.13 $21.00 $229.02
Relocation Charge (Move box to new location on customers current site) $229.02 Late Payment charge 2.5% of balance
($5.00 min.)
2.5% of balance
($5.00 min.)
Item: J-3
AMENDED AND RESTATED
REFUSE COLLECTION AGREEMENT
BETWEEN THE
CITY OF CORNING AND USA WASTE OF CALIFORNIA, INC.,
DBA CORNING DISPOSAL
THIS AMENDED AND RESTATED REFUSE COLLECTION AGREEMENT (the “Agreement”) is entered into as of the latest date executed as set forth on the signature page hereto, by and between THE CITY OF CORNING, a Municipal corporation (“CITY”) and USA WASTE OF CALIFORNIA, INC. dba Corning Disposal (successor to Coming Disposal, Inc.) (“CONTRACTOR”). CITY and CONTRACTOR may be referred to herein collectively as the "Parties" or individually as a “Party.”
WITNESSETH
WHEREAS, the CITY and CONTRACTOR are parties to an Amended and Restated Refuse Collection Agreement dated March 2, 2021 (the “Previous Agreement”), and the parties desire to replace the Previous Agreement with this Agreement;
WHEREAS, the CITY desires to provide for garbage, recyclables and green waste collection services in accordance with the authority granted to the CITY by Public Resources Code Section 49300 and Chapter 8.06 of the Coming Municipal Code; and WHEREAS, the CONTRACTOR possesses the equipment, skill and expertise to provide the necessary services.
AGREEMENT
NOW, THEREFORE, in consideration of the covenants contained herein, the parties mutually agree to the following terms and conditions.
1. DEFINITIONS.
1.1. “AB 939” means the California Integrated Waste Management Act of 1989. Public Resources Code, Section 40,000 et. seq. AB 939 mandates that, by the year 2000, California cities and counties must divert fifty percent (50%) of their solid waste stream from landfill disposal through source reduction, recycling, and composting activities.
The California Department of Resources Recycling and Recovery may, with justification, grant exemptions or extensions to this mandate.
1.2. “AB 1826” means the Organic Waste Recycling Act of 2014 providing that businesses must recycle their organic waste on and after April l, 2016, depending on the amount of waste they generate per week. This law also requires that on and after January l, 2016, local jurisdictions across the state implement an organic waste recycling program to divert organic waste generated by businesses, including multifamily residential dwellings that consist of five or more units. This law phases in the mandatory recycling Item: J-3
of commercial organics over time, while also offering an exemption process for rural counties.
1.3. “Bulky Goods” means discarded large and small household appliances and discarded furniture, none of which individually weigh more than 60 pounds (unless handled by two people and can be safely lifted) or contain any Hazardous Waste (e.g., Freon). Bulky Goods excludes E-Waste and Excluded Materials.
1.4. “Cart” means a watertight heavy plastic receptacle with a rated capacity of approximately thirty-two (32) (seniors only), sixty-four (64) or ninety-six (96) gallons, having a hinged, tight-fitting lid, and two (2) wheels.
1.5. “Commercial Premises” means a premises in the City that is not a Single-Family Premises or Multi-Family Premises, including retail, restaurant, industrial, governmental, professional office, and educational establishments.
1.6. “Customer(s)” means Single-Family (a “SFD Customer”), Commercial (a “Commercial Customer”), and Multi-Family Premises (a “MFD Customer”) that receive CONTRACTOR’s services hereunder.
1.7. “E-Waste” means discarded electronic equipment including, but not limited to, televisions. computer monitors, central processing units (CPUs), laptop computers, computer peripherals (including external hard drives, keyboards, scanners, and mice), printers, copiers, facsimile machines, radios, stereos, stereo speakers, VCRs, DVDs, camcorders, microwaves, telephones, cellular telephones, and other electronic devices.
Some E-Waste or components thereof may be Hazardous Waste or include Hazardous Substances and thus require special handling, processing, or disposal.
1.8. “Excess Contamination” means Recyclables containers with more than 10% nonRecyclables or any amount of Excluded Materials, and Green Waste containers with more than 10% by volume non-Green Waste or any amount of Excluded Materials. The existence of Excess Contamination will be based on visual inspection. The 10% contamination limit for Green Waste is subject to change based on lower thresholds being imposed by the processing facility.
1.9. “Excluded Materials” means any waste tires, radioactive, volatile, corrosive, flammable. explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized, or listed under applicable federal, state, or local laws or regulations, any materials containing information protected by federal, state or local privacy and security laws or regulations (unless tendered to CONTRACTOR pursuant to a separate agreement), or any material the acceptance or handling of which would cause a violation of any Applicable Law.
Title to and liability for Excluded Materials shall remain with the generator at all times.
1.10. “Force Majeure” means acts of God, including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, public riots, breakage, Item: J-3
explosions, accident to machinery, pipelines or materials, pandemics (if CONTRACTOR is not deemed an essential worker), governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of CONTRACTOR.
1.11. “Franchised Services” means the services provided by CONTRACTOR pursuant to Section 4 of this Agreement.
1.12. “Good Faith Effort” means reasonable efforts (taking into consideration industry practices, cost, expense, and/or capital expenditure associated therewith and the agreed upon annual expense limitations within Section 4.11.1) by CONTRACTOR to implement the programs and activities identified in the Outreach Public Education and Diversion Plan, which are intended to facilitate success in CONTRACTOR's achievement of the Minimum Diversion Requirements, or alternative programs or activities that achieve the same or similar results. For purposes of clarity, Good Faith Effort is subject to CONTRACTOR's budget set forth in Section 4.11.1.
1.13. “Green Waste” means grass clippings, leaves, hedge trimmings, small branches and similar vegetative waste generated from residential property or landscaping activities but does not include stumps or similar bulky wood materials and has been separated from Refuse.
1.14. “Hazardous Waste” means (i) all waste defined or characterized as hazardous by the federal Solid Waste Disposal Act (42 U.S.C. 3251 et. seq.), as amended, including the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901 et seq.) and all future amendments thereto, or regulations promulgated thereunder, and (ii) all waste defined or characterized as hazardous by the principal agencies of the State of California having jurisdiction (including without limitation the Department of Health Services, the Regional Water Quality Control Board and the Integrated Waste Management Board).
1.15. “Multi-Family Premises” means any building or structure, or portion thereof used for residential purposes, having five (5) or more distinct living units, and with communal Franchised Services (with billing under one account). A Multi-Family Premises does not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Premises.
1.16. “Recyclables” or “Recyclable Material” means the materials described as such in Exhibit D.
1.17. “Refuse” means any and all putrescible and non-putrescible solid and semi-solid waste, including garbage, refuse or rubbish resulting from industrial, commercial, residential or community activities, any other waste that is "solid waste" as defined in 23 California Code of Regulations ("CCR"), Section 2523 and 14 CCR, Section 17225.69. The term "Refuse" as used herein does not include Excluded Materials. If the Parties agree, the term Refuse may include waste or other materials which may require special handling at a disposal facility, including but not be limited to, clean soil, nonhazardous contaminated soil, construction, demolition and land-clearing debris, and Item: J-3
non-friable asbestos, provided that CONTRACTOR, either itself or through a subcontractor, has the capability of handling such special waste or materials.
1.18. “Residual” means waste that remains after processing at a material recovery facility and is destined for disposal.
1.19. “SB 1383” means Chapter 395, Statutes of 2016 [Lara, SB 1383] titled "ShortLived climate pollutants: methane emissions: dairy and livestock: organic waste:
landfills" relating to short lived climate pollutants, commonly referred to as "SB 1383" as amended, supplemented, superseded, and replaced from time to time.
1.20. “Senior Citizen” shall mean an individual aged sixty-five (65) years or older.
1.21. “Sharps” means any needle, lancet or any device that is utilized to pierce the skin. Sharps include needles, syringes, scalpels, culture slides, culture dishes, broken capillary tubes, and exposed ends of dental wires.
1.22. “Single Family Premises” means any building or structure, or portion thereof, used for residential purposes in which each dwelling unit has individual Franchised Services. A parcel in the City may have more than one Single Family Premises on it, so long as each such dwelling unit has individual, not shared, Franchised Services.
1.23. “Used Oil” means motor oil that has been used in a vehicle and cannot be reused.
2. EXCLUSIVE RIGHT. The CITY does hereby grant to CONTRACTOR, and CONTRACTOR shall have, the exclusive duty, right and privilege to collect and dispose or otherwise handle all Refuse, Recyclable Materials, Bulky Goods and Green Waste generated, deposited or otherwise coming to exist in the incorporated area of the CITY. All Single Family, Commercial and Multi-Family Premises within the incorporated area of the CITY shall be required by CITY to utilize the collection services of CONTRACTOR provided hereunder. In return for the exclusive right set forth herein and other consideration provided for herein, CONTRACTOR shall provide services in accordance with the terms of this Agreement. Nothing in this Agreement shall prevent any owner, occupant or tenant of premises from handling, hauling, or transporting Refuse, Recyclables or Green Waste generated by or from his/her own residence or business operations for purposes of disposing of the same at an authorized disposal area or transfer station in accordance with Coming Municipal Code Section 8.06.130; provided, however, that such handling, hauling, or transporting shall be performed: (i) personally by the resident, (ii) as an incidental part of a gardening, landscaping, tree trimming, cleaning, maintenance, construction or similar service offered by a company performing such service rather than as a waste hauling service, or (iii) as otherwise expressly permitted by Code Section 8.06.130 as in effect on the date hereof or as such exception in the Code may be narrowed by amendment hereafter.
3. FRANCHISE FEE. To reimburse the CITY for its cost of monitoring CONTRACTOR compliance and administering the solid waste collection system, CONTRACTOR shall pay to the CITY 6% of gross revenues collected by CONTRACTOR from Customers in the Item: J-3
previous month. Such fee shall be paid by CONTRACTOR to the CITY on or before the tenth (10th) day of each month during the term of this Agreement.
4. CONTRACTOR SERVICES.
4.1. Refuse Collection. CONTRACTOR shall furnish all labor, materials and equipment required to collect and dispose of all Refuse from each Single-Family, Commercial and Multi-Family Premises in the CITY. CONTRACTOR shall dispose of all Refuse only at a place or sites where such disposal is lawful, and the CITY shall not be liable for the disposal of same or to provide sites or places for the disposal of same. CONTRACTOR shall dispose of all Refuse collected from within the City of Coming only at the Tehama County Red Bluff Landfill, unless another location is approved by the CITY COUNCIL.
If the tipping fees or the fees charged CONTRACTOR at such landfill increase or decrease, CONTRACTOR may request a rate adjustment in accordance with the procedures set forth in Section 6.9 of this Agreement.
4.2. Recyclable Materials Collection. CONTRACTOR shall furnish all labor, materials and equipment required to collect and process all Recyclable Materials from each SingleFamily, Commercial, and Multi-Family Premises in the CITY. CONTRACTOR shall process Recyclable Materials only at a place or sites where such processing is lawful, and the CITY shall not be liable for the processing of same (or disposal of residue) or to provide sites or places for the processing of same. CONTRACTOR agrees to use reasonable efforts (taking into consideration the cost, expense, and/or capital expenditure associated therewith) to collect and deliver Recyclable Materials to a Material Recovery Facility to maximize the diversion of Solid Waste from landfilling. CONTRACTOR may assess a contamination fee to Customers who have Excess Contamination on more than two occasions in any 12-month period.
4.3. Green Waste Collection. CONTRACTOR shall furnish all labor, materials and equipment required to collect all Green Waste from each Single-Family Premises in the CITY. CONTRACTOR shall deliver Green Waste to the Tehama County Landfill or other permitted Green Waste processing facility. CONTRACTOR may assess a contamination fee to Customers who have had Excess Contamination on more than two occasions in any 12-month period. In order to impose this contamination fee, CONTRACTOR must provide the customer with written notice of the Excess Contamination following the first occasion and information to the Customer as to what constitutes Excess Contamination.
4.4. Containers.
4.4.1. Single-Family Premises. CONTRACTOR shall provide each Single-Family Premises in the CITY with: one (l) 64-gallon container or, for each Senior Citizen customer only and in lieu of a 64-gallon container, one (l) 32-gallon container, for placement of Refuse (customers with 96 gallon containers under the Previous Agreement may continue to be used); up to two (2) 64-gallon containers (containing a sticker or molded-in instructions for acceptable Recyclable Materials) for placement of Recyclable Materials; and one (l) 96-gallon container for placement Item: J-3
of Green Waste. Containers in use at the commencement of this Agreement will satisfy the requirements herein. Additional containers and service frequency will be available at the rates set forth in Exhibit C. Customers will be able to petition for one (1) additional 64-gallon container for acceptable Recyclable Materials only if there have been less than three prior excess contamination issues with customer within the last twelve months. Customers will be allowed to downsize to one (l) 64- gallon container for Refuse at rates set forth in Exhibit C or will be able to keep their current service at the rates established in Exhibit C. Contractor shall provide outreach material to customers pursuant to Section 4.8. Contractor shall comply with all labeling requirements set forth in SB 1383.
4.4.2. Commercial and Multi-Family Premises.
4.4.2.1. CONTRACTOR shall provide each Commercial and Multi-Family Premises in the CITY with an amount and size of Refuse containers to adequately contain all Refuse generated at such premises.
4.4.2.2. CONTRACTOR shall provide each Commercial and Multi-Family Premises in the CITY with an amount and size of Recyclable Materials containers to adequately contain all Recyclable Materials generated at such premises (one 64 gallon Cart, serviced once per week, will be provided at no charge; additional containers and frequency will be for an additional fee according to Exhibit C).
4.4.2.3. Green Waste collection services will be provided if requested by the customer, at the rates set forth in Exhibit C.
4.4.2.4. Discontinuing Service Upon Vacancy. The owner, tenant or occupant of any premises required to subscribe to CONTRACTOR's Refuse collection service under Coming Municipal Code Section 806.030 may discontinue service for one or more months when such premises are vacant, or the occupant is traveling out of town. The owner, tenant or occupant shall submit written notice of such vacancy to CONTRACTOR. The CONTRACTOR rates shall continue to accrue until such time as notice is received by CONTRACTOR. In the event of a dispute arising under this Section, such dispute shall be reviewed as set forth in Section 6.6 of this Agreement.
4.4.2.5. Customers may not, itself or through a third party, mechanically compact materials in CONTRACTOR containers.
4.5. Bulky Goods.
4.5.1. CONTRACTOR shall maintain a drop-off site for Bulky Goods at CONTRACTOR's business located at 3281 Highway 99W, Corning CA 96021 (the “Drop-Off Facility”). Each SFD Customer may drop-off Bulky Goods at the DropOff Facility, provided (a) Bulky Goods loads may not exceed 4 cubic yards and (b) no Customer may, in combination with Bulky Goods curbside pickups, dispose of Item: J-3
more than 3 large appliances (such as refrigerators, washers, dryers, dishwashers, water heaters) per year. Each SFD Customer will be allowed to make one drop-off trip to the Drop-Off Facility each quarter on a day to be designated by CONTRACTOR (provided that no day will be scheduled for drop-offs in months in which CONTRACTOR provides curbside pickup) and will be requested to provide proof of residency such as a water bill, power bill or phone bill or otherwise be confirmed to be a resident by the City of Corning.
4.5.2. CONTRACTOR shall conduct monthly curbside pickup events, on days scheduled by CONTRACTOR, of Bulky Goods for SFD Customers or MFD Customers consisting of four cubic yards or less, provided such Customer notifies CONTRACTOR's call center at least one week in advance of the pickup. Contractor shall provide public education and outreach for the curbside pickup events through billing inserts and websites.
4.6. Collection Schedule. Refuse shall be collected at least once each week from Customers.
Recyclable Materials shall be collected every other week from Customers. Green Waste shall be collected every other week (on alternating weeks with Recyclables collection) from Customers. All Refuse, Recyclable Materials and Green Waste collections shall be on weekdays (i.e., Monday through Friday, inclusive) and shall be on the same day of the week (although Recyclable Materials and Green Waste will be collected every other week). All SFD Customer collections shall be between the hours of 6:00 a.m. and 5:00 p.m. No SFD Customer collections shall be made on Saturday or Sunday, except as may be necessary for holiday collection as provided herein. The schedule for SFD Customer collection may be changed by CONTRACTOR upon providing at least ten (10) days' notice to the CITY and seven (7) days' notice to the affected SFD Customers.
Notwithstanding the foregoing, collections may be made at any time in response to complaints or emergency situations. The frequency of Commercial and MFD Customer collections will be in accordance with the agreement between the Customer and the CONTRACTOR based on volume needs and in compliance with the Corning Municipal Code. When a normal collection day falls on January 1st, Memorial Day, 4th of July holiday, Labor Day, Thanksgiving Day or December 25, collection shall be provided as follows: (a) on the holiday, (b) one day prior to the holiday, or (c) one day after the holiday, in which case collection may be made one day later than the regularly scheduled day during the reminder of the week. CONTRACTOR shall notify the CITY two weeks in advance of any changes in collection schedules occasioned by holidays.
4.6.1. Publication of Schedule. CONTRACTOR shall print and distribute to all SFD Customers, at least once annually, a schedule of collection, curbside pickup event days, and street sweeping days for all service.
4.7. Contractor Services to City.
4.7.1. Street Sweeping. At no additional cost to CITY, CONTRACTOR shall provide street sweeping services, to the CITY's reasonable satisfaction, twice per month in Single Family / Multi-Family Premises areas and twice per month in Commercial Item: J-3
Premises areas. CONTRACTOR reserves the right in its discretion to perform such street sweeping services itself or through a subcontractor. Exhibit A sets forth the required street sweeping schedule for residential and commercial areas, and Exhibit B sets forth the required street sweeping service standards and equipment standards.
4.7.2. Debris Boxes / Hauls. Each year, CITY may request up to 20 debris boxes to be delivered by CONTRACTOR and hauled away by CONTRACTOR. CITY may place Green Waste or Refuse in such containers. CONTRACTOR will deliver such material to the Tehama County Landfill or may, regarding Green Waste only, to a permitted Green Waste processing facility.
4.7.3. Bulky Items. At no additional cost to CITY, CITY may deliver Bulky Goods and other large items collected by CITY, along CITY streets, to CONTRACTOR’s Corning Disposal hauling site for disposal.
4.7.4. CITY Refuse. At no additional cost to CITY, CONTRACTOR shall pick up and remove from each CITY site (listed in Exhibit F) all Refuse, and Recyclables generated at CITY premises, excluding schools within CITY limits.
4.7.5. Christmas Tree Disposal. CONTRACTOR will provide one debris box, at a location specified by CITY, in which residents may place undecorated Christmas trees, and CONTRACTOR will haul such material to the Tehama County Landfill or a permitted Green Waste processing facility. This service will be provided for approximately three weeks, commencing within 3 days after Christmas.
4.8. Public Education and Outreach; Diversion.
4.8.1. Public Education and Outreach. CONTRACTOR will develop an annual Outreach, Public Education and Diversion Plan (the “Outreach Plan”), and shall submit such draft Outreach Plan to the CITY (by October 15th) for review, comment and approval (which will not be unreasonably withheld or delayed). The Outreach Plan shall include, but not be limited to, information with respect to AB 939 diversion goals, AB 341 covered generator compliance, Bulky Goods pick-ups, backyard composting, Yard Waste programs and the importance of the safe disposal of Household Hazardous Waste, as further detailed in Exhibit E. Such Outreach Plan shall also include notifying all covered AB 341, AB 1826 and SB 1383 generators, as required by related regulations, of the requirements of the applicable law. The 2026 Outreach Plan will have a budget of $12,475 (the “Annual Budget”). The Annual Budget will be increased each year by the same percentage as the CPI percentage adjustment in Section 6.7. CONTRACTOR will not be required to spend more than the Annual Budget on matters pertaining to the Outreach Plan.
4.8.2. Diversion. CONTRACTOR shall use good faith efforts to divert thirty (30%) or more of all material collected under this Agreement from disposal. However, to achieve this goal, the parties acknowledge that additional diversion programs will be required. The CONTRACTOR shall submit an annual report certifying its actual Item: J-3
diversion total, and the types of material that the CONTRACTOR diverted from disposal in that prior year.
4.8.2.1. The diversion percentage will be calculated by applying the following formula: Diversion % = Total tons of materials Collected from all Franchised Services and sent to an authorized recyclables or organic waste processing facility (including Tehama County landfill for use as daily cover) / Total tons of materials Collected from all Contractor Franchised Services Area. For purposes of calculating diversion in this section, the CONTRACTOR shall only be able to count recovered materials resulting from its own collection program within the Service Area.
4.9. Unacceptable Waste.
4.9.1. It is understood that the CONTRACTOR is not required to and is not authorized to collect and transport Hazardous Waste, restricted or other waste that is not acceptable or permitted for disposal at a transfer station or disposal site.
CONTRACTOR shall not take title to any Hazardous Waste collected in the course of its performance of its obligations under this Agreement.
4.10. Excess Contamination; Overage.
4.10.1. Notices to Customers. Where CONTRACTOR documents that a particular Customer has Excess Contamination or Overage, CONTRACTOR shall collect the offending Container (where it can be done safely and excluding material laying on ground) and provide an electronic notice to the Customer (if such contact information is provided by Customer) with the following information (a “Violation Notice”):
4.10.1.1. Date of the offense;
4.10.1.2. Description of the offense;
4.10.1.3. If available, a photograph or video (or link to photograph or video);
4.10.1.4. A description of the materials that are appropriate for collection in said Container and a link to view online with educational materials; and
4.10.1.5. A website to obtain additional information and/or receive responses to questions the Customer may have.
4.10.2. Excess Contamination.
4.10.2.1. First and Second Occurrences. CONTRACTOR shall service Containers with Excess Contamination except where there is visible Excluded Materials.
CONTRACTOR shall provide a Violation Notice, where such contact information has been provided.
4.10.2.2. Third and Subsequent Occurrences. CONTRACTOR may opt to not collect Recyclables or Green Waste Containers with Excess Contamination; in such event, the Customer may request the Container be collected as Refuse, Item: J-3
and an additional fee will apply. Alternatively, CONTRACTOR may collect a Container with Excess Contamination and invoice the Customer a Contamination Charge in the amount set forth in Exhibit C. In either case, the CONTRACTOR shall provide a Violation Notice where such electronic contact information has been provided.
4.10.3. Overage.
4.10.3.1. “Overage” means Refuse, Recyclables or Organic Waste exceeding its Container’s intended capacity such that the lid is lifted by 10” or more (or would be lifted 10” or more if lowered).
4.10.3.2. In the event of Overage, CONTRACTOR may invoice the Customer an Overage Charge in the amount set forth in Exhibit C. CONTRACTOR shall provide a Violation Notice where such electronic contact information has been provided. If there have been more than three instances of Overage in any 12- month period for a particular service (i.e., Refuse, Recyclables, or Organic Waste), CONTRACTOR may increase the Customer’s service level (i.e., larger Container or more frequent service) to mitigate the Overage, and may increase the charges to such Customer according to the increased service level.
4.11. Failure to Collect. Except in the event of Force Majeure, should CONTRACTOR fail to collect and dispose of Refuse as provided herein, and fail to correct the situation within three (3) business days after receiving written notice thereof from the CITY, the CITY may collect and dispose of the same and CONTRACTOR shall be liable for the expenses incurred by the CITY therefor. Such expenses will be invoiced by the CITY, and promptly paid by the CONTRACTOR, in no event later than thirty (30) days after the invoice is dated.
4.12. Emergency Services. CONTRACTOR shall provide emergency services (i.e., special collections, transport, processing) at CITY'S request in the event of a declared local, State or federal state of emergency, major accidents, disruptions or natural calamities. CONTRACTOR shall be capable of providing emergency services within twenty-four (24) hours of notification by CITY, or as soon thereafter as is reasonably practical in light of the circumstances. An emergency contact person designated by CONTRACTOR shall be accessible during the term of this Agreement twenty-four (24) hours per day for the CITY to contact. CONTR.ACTOR shall receive additional compensation, above the normal compensation contained in this Agreement, to cover the costs of rental equipment, additional personnel, overtime hours and other documented expenses, provided CONTRACTOR has first secured written authorization and approval from CITY. In the event of an emergency as set forth above, the CITY shall grant CONTRACTOR a reasonable variance from regular routes and schedules. As soon as practicable after such event, CONTRACTOR shall advise the CITY when it is anticipated that normal routes and schedules can be resumed. The CITY shall make an effort through the local news media to inform the public when regular services may be resumed.
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4.13. CONTRACTOR / Food Waste Collection Program. CONTRACTOR and CITY will negotiate in good faith to implement any services required by applicable state law, including Assembly Bill 1826 and Senate Bill 1383, including appropriate CONTRACTOR compensation to collect, transport, process, dispose and otherwise handle such material.
5. STANDARDS FOR COLLECTION AND OPERATION.
5.1. Compliance with Law. CONTRACTOR shall comply with all laws and regulations applicable to CONTRACTOR's operations, including laws, ordinance, rules and regulations of the United States, the State of California, the County of Tehama, the City of Corning and the City and County of the location at which Refuse may be transported or disposed of hereunder.
5.1.1. CITY and CONTRACTOR shall reasonably cooperate in good faith with all efforts by each other to meet CITY'S diversion and other compliance requirements imposed by AB 939 and other Applicable Laws. In this regard, CITY'S obligations shall include, without limitation, making such petitions and applications as may be reasonably requested by CONTRACTOR for time extensions in meeting diversion goals, or other exceptions from the terms of Applicable Laws, and agreeing to authorize such changes to CONTRACTOR'S recycling or Solid Waste programs as may be reasonably requested by CONTRACTOR in order to achieve the diversion goals set forth herein. CONTRACTOR shall provide such assistance as may reasonably be requested by CITY in preparing such petitions and applications. In addition, CONTRACTOR shall provide such assistance as may reasonably be requested by CITY in preparing for or participating in any hearing conducted by CalRecycle or any other regulatory agency relating to CITY's failure to comply with the California Integrated Waste Management Act of 1989, as amended (including by AB 341, AB 1594 or AB 1826), and the rules and regulations thereunder, to the extent such failure results from CONTRACTOR's failure to perform its obligations under this Agreement.
5.2. Equipment and Personnel.
5.2.1. Collection vehicles shall have signage in letters of contrasting color on each side and the rear of each vehicle that clearly states CONTRACTOR'S name, CONTRACTOR'S customer service telephone number and other signage approved by CITY.
5.2.2. CONTRACTOR shall maintain collection vehicles in a clean condition and in good repair at all times and ensure that no collected materials, oil, grease or other substances will blow, fall out, escape or leak out of the vehicle. with the exceptions of vehicle emission. All parts and systems of the collection vehicles shall operate properly and be maintained in a condition satisfactory to CITY. CONTRACTOR shall wash all Collection vehicles at least once every two (2) weeks, except during rainy periods. All washings shall be conducted in a manner that conforms to the BMP Guidelines for Non-Point Source Pollutants in the publication entitled Storm Item: J-3
Water Best Management Practices Handbook for Industrial Commercial published by the California Storm Water Quality Association (CASQA).
5.2.3. CONTRACTOR shall implement weekly preventative maintenance practices to ensure that all seals on collection vehicles are working properly to prevent leaks and spills. If a leak is identified, said vehicle will be immediately brought back to the CONTRACTOR's maintenance facility for repair. Leaked material will be cleaned in accordance to acceptable industry standards and as required by State and Federal laws. In terms of spills, CONTRACTOR will follow established Department of Transportation (DOT) and State of California Environmental regulations pertaining to spill clean-up and to the immediate reporting to the appropriate authorities.
5.2.4. CONTRACTOR shall maintain a maintenance log for all Collection vehicles. The log shall at all times be accessible to CITY for physical inspection upon request, and shall show, at a minimum, each vehicles' CONTRACTOR assigned identification number, date purchased or initial lease, dates of performance of routine maintenance, dates of performance of any additional maintenance, and description of additional maintenance performed. The maintenance log shall be provided to the CITY upon request.
5.2.5. CONTRACTOR shall provide to CITY an inventory of collection vehicles and major equipment used by CONTRACTOR for Collection or transportation and performance of services under this Agreement as part of its annual report for all collection vehicles and major equipment utilized in the prior calendar year. The inventory shall indicate each Collection vehicle by CONTRACTOR-assigned identification number, DMV license number, the ages of the chassis and body, type of fuel used, the type and capacity of vehicle body, the date of acquisition, and the number of vehicles by type. Upon CITY request, CONTRACTOR shall an updated inventory. Each vehicle inventory shall be accompanied by a certification signed by CONTRACTOR that all collection vehicles meet the requirements of this Agreement.
5.2.6. If CONTRACTOR wishes to store and service its vehicles within the CITY, these vehicles shall be stored in accordance with laws and requirements of the CITY and the Fire Department.
5.2.7. CONTRACTOR shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by federal, state or local weight restrictions on vehicles. A report of all vehicle weights and untarped load fees assessed on roll off trucks will be submitted to CITY as part of the quarterly report as documented by weight receipts received at the Tehama County/Red Bluff Landfill. CONTRACTOR shall provide the CITY with copies of all tickets and fines imposed on CONTRACTOR for overweight vehicles.
5.2.8. CONTRACTOR represents that all employees, representatives, agents, subcontractors or other authorized personnel are licensed in accordance with California law to operate the necessary equipment. If any individual becomes unable Item: J-3
to operate the equipment because of loss of license or otherwise, CONTRACTOR agrees to immediately remove that person from equipment operation.
5.2.9. CONTRACTOR’s obligations and/or scope of services under this Agreement exclude any existing requirements regarding the future conversion of fleets, or any part thereof, to Zero-emissions (ZEV) or Near-zero-emissions (NZEV) vehicle(s) or the future acquisition, hiring or use of ZEVs or NZEVs under Applicable Law, including without limitation Sections 2015 et seq. of Title 13 of the California Code of Regulations. Should future interpretation, implementation and enforcement of such existing Applicable Law apply to any CONTRACTOR’s vehicles used in the provision of services under this Agreement during the term, then City and CONTRACTOR shall meet and confer in good faith to amend this Agreement to incorporate provisions and obligations reasonably necessary to comply with such Applicable Law, and for CONTRACTOR to receive a rate adjustment in accordance with Section 6.10, for such change in CONTRACTOR’s obligations and/or scope of services under this Agreement
5.3. Collection Operations. CONTRACTOR shall make all collections of Refuse, Recyclables and Green Waste from the curb along the street in front of each resident's premises. CONTRACTOR shall return emptied containers to the sidewalk or, where no sidewalk exists, CONTRACTOR shall ensure that the container is so placed at the edge of the roadway as to not interfere with vehicular traffic. CONTRACTOR shall conduct its operation so as to minimize as practicable any obstruction and inconvenience to public traffic or disruption of the peace and quiet of the area within which collection occurs. CONTRACTOR shall repair or replace at its cost CONTRACTOR-owned containers damaged by the negligent acts or willful misconduct of its employees or through ordinary wear and tear of use. On an annual basis, Customers may request an exchange/cleaning (cleaning for carts/dumpsters only) of CONTRACTOR-owned containers. CONTRACTOR may charge customers for repair or replacement of containers which become damaged or unusable for reasons other than normal wear and tear or customer negligence or willful misconduct, including lost or stolen containers.
All collection operations shall be conducted as quietly as possible and must comply with U.S. EPA noise emission regulations currently codified at 40 CFR Part 205, California Vehicle Code Section 27207, and other applicable State, County, and CITY noise control regulations. All loads not in covered body trucks shall be tarped or restrained to prevent spilling. All spills by Contractor must be immediately cleaned up. Contractor shall not begin collection operations in residential areas prior to 6:00 A.M.
5.4. Customer Service. CONTRACTOR shall maintain a toll-free business phone that can be called by customers and will also include a local phone number in its outreach material for customers to utilize if they prefer to have a local representative within Tehama County answer questions and service needs. The phone shall be answered during normal working hours. Calls received after normal business hours shall be addressed the next workday. CONTRACTOR will maintain multiple methods by which customers may access Customer Service, which may include email, chat, WM app, and wm.com.
CONTRACTOR shall also maintain a log of service complaints. A copy of the records shall be available to the CITY upon reasonable advance notice. On average, Item: J-3
CONTRACTOR shall answer Customer calls in less than 180 seconds, and have an abandonment rate of no more than 15%.
5.4.1. CONTRACTOR'S call center shall at all times during normal business hours maintain the capability of responding to telephone calls in English and Spanish.
6. RATES AND RATE ADJUSTMENTS.
6.1. Rate. CONTRACTOR shall bill customers the rates set forth on Exhibit C attached hereto, which are subject to adjustment pursuant to Sections 6.7 – 6.10.
6.2. Billing for Services. CONTRACTOR will be responsible for the billing of SingleFamily, Multi-Family and Commercial Customers. CONTRACTOR shall add or remove services within seven (7) business days of receipt of the request to change service.
Subject to dispute resolution in accordance with Section 6.6, CONTRACTOR may discontinue service to customers that have delinquent accounts.
6.2.1. Senior Residential Services. Senior citizens may receive services at the rate provided in Exhibit C. Such senior citizen rate will be 75% of the normal Refuse rate, except the rate adjustment on 4/1/26 will be 62.98% of the normal Refuse rate and the rate adjustment on 4/1/27 will be 68.21% of the normal Refuse rate). In order to qualify for the reduced senior rate, the account holder residing at the property must be 65 years of age or older, as shown by driver's license or other identification acceptable to CITY.
6.3. Bill Content. Single-Family Customers with Cart-based services will be billed quarterly, in advance of services. Commercial Customers and Multi-Family Customers with binbased services will be billed monthly for services provided in the current month.
Customers may be billed prior to receiving collection services, but the due date shall be no sooner than 30 days from the date of the invoice. CONTRACTOR may impose late fees of 2.5% or $5 (whichever is greater) per month on delinquent invoices; this will be billed on the quarterly or monthly invoice. Bills to service recipients shall be for all classifications of services showing the aggregate amount, unless otherwise agreed by CONTRACTOR and CITY. CONTRACTOR agrees to include all applicable fees imposed by action of the CITY COUNCIL, including, but not limited to fees for planning and compliance with AB 939 and Household Hazardous Waste program fees in its bills submitted to residents, and shall remit to CITY such funds collected within thirty (30) days of receipt. CONTRACTOR'S bills to Customers shall be itemized showing charges for services and extra charges, but shall not designate that portion of a Customer's bill attributable to any CITY franchise fee as a separate item on service or any costs for collection and diversion of Recyclables or Green Waste included in the base service on Customer's bills, and all other fees will be identified as a separate line item.
6.3.1. Customers that pay their invoices using credit cards, debit cards and digital wallets may be subject to a convenience fee ($1.99 USD / $2.75 CAD per transaction for residential service; $9.99 USD / $13.75 CAD per transaction for commercial service; fee amount subject to change.) The convenience fee amount Item: J-3
will be disclosed to Customers during the bill payment process and Customers will have the opportunity to consent to the convenience fee, or to pay their invoices by direct electronic debit from a bank account (e.g., Automated Clearing House or ACH network in the U.S. / Pre-Authorized Debit or PAD in Canada.)
6.4. Delinquent Accounts. CONTRACTOR may discontinue service to Customers who are at least 60 days delinquent, subject to the notice requirements below. Customers who have not remitted required payments within thirty (30) days after the date of billing shall be notified in writing (or by electronic mail if the Customer agrees) by CONTRACTOR that service may be terminated for non-payment. The service termination notification shall contain a statement that services may be discontinued fifteen (15) days from the date of the service termination notice if payment is not made before that time. Upon receipt of the delinquent payment, CONTRACTOR shall resume collection on the next regularly scheduled collection day.
6.5. Delinquent Fees. Service that has been discontinued in accordance with Section 6.4 hereof will be assessed a late fee. If the account continues to be unpaid and containers are removed, Customers will be assessed a redelivery fee as set forth in Exhibit C.
6.6. Rate and Service Dispute Resolution. Because the rates are based upon volume collected and the level of service must be determined through agreement between the CONTRACTOR and the Customer, disagreements may from time to time occur between these parties. Therefore, the Customer or CONTRACTOR may present a dispute about level of service or payment of rates to the designated CITY Representative for resolution.
The circumstances of the dispute shall be presented in letter form, clearly stating the issues disagreed upon and the solution sought. The designated CITY Representative shall review the disputed issue and make a determination within thirty (30) days of receipt of the letter, which shall be final. The authority of the designated CITY Representative to administratively resolve disputes in the foregoing manner does not include authority to approve adjustments in the rates themselves which are charged for differing service levels and types of service.
6.7. Annual CPI Rate Adjustment. Commencing on April 1, 2026 and on April 1 annually thereafter, the rates set forth on Exhibit C shall, subject to CITY Council review to confirm calculations, be adjusted by a percentage equal to the percent change in the average CPI: Urban Consumer – Garbage and trash collection ("CPI"), as published by the Bureau of Labor Statistics, for the 12-month period ending the previous September
30. Not later than November 30 of each year, CONTRACTOR shall notify the CITY of its intent to increase the rate and provide the rate computations and a proposed new schedule. The CITY Manager shall promptly schedule the request for a rate adjustment on the next CITY Council agenda at which action could be taken in accordance with all applicable laws and regulations. In the event an annual CPI adjustment would be lower than 0%, based on the above calculation, then the CPI adjustment shall be 0% for such year. The senior citizen rate will be adjusted as set forth in Section 6.2.1.
6.8. Disposal and Processing Cost Adjustment. In addition to the annual CPI adjustment, the rates shall be adjusted on April 1 where there is a change in the tipping charge at the Item: J-3
disposal or green waste processing site the material is taken to that is made in the prior year, that is at least one-half of one percent (0.5%) greater than the CPI adjustment permitted by Section 6.7 of this section. Where such a condition exists, the Rates shall be adjusted in an amount to compensate the Contractor for the increment in excess of the percentage change in the CPI, as provided in Section 6.7 of this section.
6.9. Fuel Cost Adjustment. In addition to the CPI and other rate adjustments provided by this Section, the rates in Schedule C may be further adjusted for changes in fuel costs associated with performance of the services hereunder in the manner provided below.
6.9.1. Not later than November 30 of each year, CONTRACTOR shall notify the CITY of any intent to seek a fuel cost adjustment. CITY may also by such date each year notify CONTRACTOR of its intent to seek a fuel cost adjustment. CONTRACTOR, on its own initiative or at the request of the CITY, shall then submit to CITY a written proposal for a fuel cost rate adjustment, including a report detailing the calculations in accordance with the formula agreed to below. Within thirty (30) days after CONTRACTOR provides the CITY with such proposal and report, the CITY shall notify the CONTRACTOR in writing as to whether the CITY accepts such information as complete or specifying any respect in which the CITY deems such information incomplete or deficient. CITY and CONTRACTOR shall attempt in good faith to review such information and complete all its deliberations in connection therewith within ninety (90) days from the date of submittal of the proposal and report to the CITY. The effective date for any such increase, if approved, shall be April l.
6.9.2. The fuel cost adjustment shall be calculated by the following formula: (1+ ((Fuel Cost Change - CPI Change) x Fuel Percentage]) x Old Rate = New Rate
6.9.3. The terms used in the preceding formula shall have the following meanings:
6.9.3.1. “Fuel Cost Change” means, for No. 2 diesel fuel, the average price for California No 2-diesel fuel for the twelve (12) month period immediately preceding the submission of a proposal and report by the CONTRACTOR divided by such average price for the immediately preceding 12-month period average price for the calendar year preceding the most recent calendar year.
The price used to compute the Fuel Cost Change shall be the price reported by the United States Department of Energy, Energy Information Administration.
In the event that price is no longer reported, the parties will designate a new methodology for determining the price based on comparable data. The parties will meet to determine this designation as soon as practically possible. For fuels other than No. 2 diesel, the CONTRACTOR shall calculate the change in fuel cost using the same time periods and a reasonably comparable fuel price index.
6.9.3.2. “CPI Change” means the average CPI (defined in Section 6.7) for the most recently completed calendar year divided by such average price for the calendar year preceding the most recent calendar year.
Item: J-3
6.9.3.3. “Fuel Percentage” means the CONTRACTOR's total cost for diesel fuel (or such other fuel as is employed by CONTRACTOR) incurred during the most recent calendar year divided by CONTRACTOR’s total operating revenue for such calendar year, in both cases calculated for CONTRACTOR's operations district that includes the CITY.
6.9.3.4. “Old Rate” means each of the rates on Exhibit C, as they may have been previously adjusted or amended.
6.9.3.5. “New Rate” means the new rate calculated pursuant to the preceding formula that will replace the Old Rate.
6.9.4. This rate adjustment for fuel costs shall be in addition to, and not in lieu of, any other rate increase to which CONTRACTOR may be entitled under this Agreement.
Under no circumstances may an adjustment for fuel costs reduce a rate below the base rates as specified in Exhibit C, as increased for changes pursuant to this Section
6. Adjustments for fuel costs shall only be made to increase or reduce (but not below zero) prior adjustments for fuel costs. In addition to the preceding limitations on fuel cost adjustments, the percentage increase or decrease in the New Rate from the Old Rate in any single adjustment for fuel costs shall not exceed 2%
6.10. Uncontrollable Circumstances Adjustment. In addition to the above, at any time during the term of this Agreement, CONTRACTOR may request in writing to the CITY Manager a rate increase in an amount sufficient to compensate CONTRACTOR for increases in costs that are beyond the control of CONTRACTOR for only the period of time for CONTRACTOR to recoup the costs. Such changes would include, but not be limited to, changes in federal, state or local laws regulating the work performed by CONTRACTOR (including without limitation changes in law regarding air quality, waste handling and hazardous waste issues with respect to street sweeping) and percentage increases in subcontractor charges for street sweeping that exceed the percentage increase from the annual rate adjustment. The CITY Manager shall promptly schedule any request for a rate increase on the next CITY Council agenda at which action can be taken in accordance with all applicable laws and regulations. Any proposed rate increase shall be conditioned upon CITY Council approval, which shall not be unreasonably withheld. Any such rate increase, if approved, would take effect within three (3) months after CONTRACTOR's written request for such increase.
Notwithstanding the foregoing, if the request is based upon any new or increased third party fees, taxes, assessments or charges, the CITY shall approve the interim rate adjustment within such time period as necessary to ensure that such fees, taxes, assessments or charges are passed on to customers by the date the same are effective.
7. REPORTS AND RECORDS.
7.1. Records. CONTRACTOR shall submit the reports described below to the CITY within the timeframes required. Additionally, the CITY shall have the right, during normal business hours and upon reasonable advance notice given to CONTRACTOR by the Item: J-3
CITY, to inspect pertinent financial reports of CONTRACTOR, to the extent required pursuant to Section 6, for purposes of determining the number of customers and type of service provided by CONTRACTOR or for purposes of verifying increased costs or total operating revenue warranting a rate increase as provided in Sections 6.7 and 6.8.
7.2. Reports. Quarterly reports shall be submitted to the CITY no later than thirty (30) calendar days after the end of the reporting quarter, and annual reports shall be submitted to the CITY no later than thirty (30) days after the end of each preceding Agreement Year. Quarterly and annual reports shall be provided electronically via e-mail. Reports shall be submitted in a format mutually agreed upon between the CITY and CONTRACTOR.
7.2.1. Quarterly Reports. Quarterly reports to the CITY shall be provided by the 30th of the preceding month of the prior quarter (April 30th, July 30th, October 30th, and January 30th) and shall include:
7.2.1.1. Tonnage Data. A listing of the Refuse, Recyclable Material, Green Waste, and Bulky Goods collected, diverted and disposed by the CONTRACTOR for the preceding quarter, arranged between SFD, MFD, Commercial and City service locations. Report shall also include residual tons from MRF processing attributable to the City of Corning.
7.2.1.2. AB 341 Compliance Data. CONTRACTOR shall report the total number of Commercial and/or Multi-Family locations serviced, a summary of the number of accounts that qualify as covered generators under AB 341 and upon request by the CITY, the number of containers, container sizes and frequency of collection for Refuse, Recyclable Materials and Green Waste for each Commercial and/or Multi-Family location. CONTRACTOR shall provide any data necessary to satisfy compliance with AB 939 and AB 341.
7.2.1.3. Report shall include a customer service complaint log as described in Section 5.4.
7.2.1.4. Vehicle weight report as described in Section 5.2.7.
7.2.2. Annual Reports. The annual report submitted to the CITY shall include all quarterly reports summarized by quarter and averaged for the Agreement year, and the Annual Outreach, Public Education and Diversion Plan Report as described in Exhibit E. Annual reports shall be provided by February 1 for the previous calendar year.
7.3. Cooperation with Other Program Reviews. If CITY wants to collect program data, perform field work, conduct route audits to investigate service recipient participation levels and setout volumes and/or evaluate and monitor program results related to Refuse, Recyclable Materials and Green Waste collected in the CITY by CONTRACTOR, CONTRACTOR shall cooperate with CITY or its agent(s). CONTRACTOR shall also cooperate with any waste generation studies conducted by CITY or its agent(s).
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7.4. Waste Generation and Characterization Studies. CONTRACTOR acknowledges that CITY must perform waste generation and characterization studies periodically to comply with AB 32, AB 341, SB 1383, AB 1826, and AB 939 requirements. Any costs incurred by CONTRACTOR with respect to SB 1383 regulations, once adopted, shall be reimbursed by CITY. CONTRACTOR agrees to participate and cooperate with CITY and its agents and to perform studies and data collection exercises, as needed, to determine weights, volumes and composition of materials generated, disposed, transformed, diverted or otherwise processed to comply with AB 32, AB 341, AB 939 or other changes in law.
7.5. Public Records Act. CONTRACTOR acknowledges that many of the documents referenced in this Agreement, including the Agreement itself, are subject to disclosure pursuant to the California Public Records Act ("PRA"), set forth in Government Code section 6250 et seq. CONTRACTOR waives any claim of privacy, confidentiality, or improper disclosure of proprietary information in this information or documents required to be produced, to allow CITY to ensure compliance with the PRA.
Furthermore, because of the short time frames requirements of the PRA, CITY may require document production sooner than set forth in this section in order to comply with those deadlines. However, CITY shall notify CONTRACTOR of any PRA requests so that CONTRACTOR may contest such requests, at CONTRACTOR’s cost, under applicable law. The CITY will receive the contest from CONTRACTOR and consider it in good faith, but ultimately the decision as to whether production will occur is up to the discretion of the CITY.
8. TERM. This Amended and Restated Agreement shall commence on March l, 2026. The initial tern shall expire on midnight on December 31, 2035. Thereafter, the parties may extend this Agreement for successive five-year terms. The decision whether to grant any extension in the term of this Agreement shall be in the sole discretion of the CITY Council then in office.
9. INSURANCE.
9.1. Coverage. CONTRACTOR shall secure and maintain continuously in full force and effect during the term of this Agreement, and any extensions hereof, insurance policies from companies and in forms acceptable to CITY which will protect CONTRACTOR, CITY and CITY's officers and employees from claims from bodily injury, death or property damage which may arise from CONTRACTOR's activities or operations under this Agreement. Said policies shall be for not less than the amounts listed below:
9.1.1. Workers' Compensation: Statutory
9.1.2. General Liability: $5,000,000 per occurrence for bodily injury, personal injury and property damage and $10,000,000 annual in the aggregate
9.1.3. Vehicle Liability: $3,000,000 per accident for bodily injury and property damage.
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9.1.4. Hazardous Waste and Environmental Impairment Liability: $10,000,000 per occurrence and $10,000,000 annual in the aggregate covering liability arising from the release of waste material and or irritants, contamination or pollutants. Such coverage, if commercially available without involvement of the CITY, automatically broaden in its form of coverage to include legislated changes in the definition of waste material and or irritants, contamination, or pollutants.
9.2. Claims Made Coverage. If General Liability or Hazardous Waste and Environmental Impairment Liability coverage is written on a claims-made form:
9.2.1. The "Retro Date" must be shown and must be before the date of the contract or the beginning of contract work.
9.2.2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work
9.2.3. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a "Retro Date" prior to the contract effective date, the CONTRACTOR must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work.
9.3. Acceptability of Insurers. Insurance is to be placed with insurers licensed to transact business in California with a current A.M. Best's rating of no less than A:VII. If pollution and/or Environmental Impairment and/or Umbrella/Excess coverage are not available from an admitted insurer. the coverage may be written with the CITY'S permission, by a non-admitted insurance company. A Non-admitted company should have an A.M.
Best's rating of A:X or higher.
9.4. Deductibles and Self-insured Retentions. Any deductibles or self-insured retentions shall be for the account of the CONTRACTOR and paid entirely by CONTR.ACTOR without contribution from City.
9.5. Other Insurance Provisions. The CITY, its officers, officials, employees and volunteers are to be covered as additional insureds with respect to liability arising out of vehicles owned, leased, hired or borrowed by or on behalf of CONTRACTOR, and with respect to work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with any such work or operations.
9.6. Primary Coverage: For any claims arising out of CONTRACTOR's activities hereunder. the CONTRACTOR's insurance shall be primary and not secondary to any coverage available through CITY.
9.7. Non-Cancellation: Each insurance policy provided to CITY by CONTRACTOR shall be endorsed to state that coverage shall not be canceled except after a thirty (30) day prior written notice provided to the CITY, except that ten (10) days' notice shall be provided for cancellation due to non-payment of premium.
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9.8. Waiver of Subrogation: CONTRACTOR agrees to waive subrogation which any insurer may require of CONTRACTOR by virtue of payment of any loss. CONTRACTOR agrees to obtain any endorsement which may be needed by CITY to affect this waiver.
The Worker' s Compensation policy shall also be endorsed with a waiver of subrogation in favor of CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
9.9. Acceptability of Insurers: Insurance is to be placed with insurers with a current A M.
Best rating of no less than A:VII unless otherwise acceptable 10 CITY. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
9.10. Verification of Coverage: CONTRACTOR shall provide verification of coverage as described herein prior to commencement of the extended term of this agreement.
9.11. Subcontractors: CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements set forth above. Proof thereof shall be provided to CITY prior to commencement of any work by subcontractors.
9.12. Additional Insured Certificate. The liability insurance policies shall name the CITY and its officers and employees, and the authorized agents of any of them, as additional insureds. CONTRACTOR shall provide the CITY with a Certificate of insurance duly executed by CONTRACTOR's insurance carrier which shall serve as evidence of the continued existence of CONTRACTOR's insurance policies required hereunder and which shall contain a provision that the coverage thereunder will not be canceled without thirty (30) days prior written notice given CITY except ten (10) days' notice applies to cancellation for non-payment of premium.
9.13. Subcontractor Insurance. Before permitting any subcontractors to perform work under this Agreement, CONTRACTOR shall require subcontractors to furnish satisfactory proof that insurance has been taken out and is maintained meeting all of the foregoing insurance requirements in respect to subcontractor's work.
9.14. Workers' Compensation. In all operations connected with the services herein specified, CONTRACTOR shall observe the provisions of the Workers' Compensation Laws of the State of California and shall use all of the accepted and best safety practices for the public and CONTRACTOR's employees.
10. PERFORMANCE BOND. CONTRACTOR shall secure a surety bond in the penalty sum of $1,000,000.00 conditioned upon the faithful performance of this Agreement, which bond in a form and with a company acceptable to CITY shall be delivered to the CITY and kept in full force at all times during the term of this Agreement. Beginning on the Service Commencement Date, and each July thereafter, CONTRACTOR shall have the performance bond renewed annually and be executed by a surety company that is an admitted surety company licensed to do business in the State of California and has an or better rating by A.M.
Best or Standard and Poors, or that is otherwise acceptable to CITY.
11. DEFAULT; TERMINATION.
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11.1. Default. In the event of any material failure or refusal of CONTRACTOR to comply with any obligation or duty imposed on CONTRACTOR under this Agreement, the CITY and CONTRACTOR shall meet and confer in good faith in an effort to agree on a resolution and cure of the breach. If the Parties are unable to agree on the informal resolution or cure of the breach, the CITY shall have the right to terminate this Agreement if:
11.1.1. The CITY shall have given prior written notice to CONTRACTOR specifying that a particular performance failure exists which will, unless corrected, constitute a material breach of this Agreement on the part of CONTRACTOR; and
11.1.2. .CONTRACTOR has not corrected such default or has not taken reasonable steps to commence to correct the same within thirty (30) days from the date of the notice given by CITY or thereafter does not diligently continue to take reasonable steps to correct such default; and
11.2. Termination. Upon the occurrence of a material breach, failure to cure and the declaration of termination of this Agreement by the CITY as provided above, CONTRACTOR shall have no further right to perform the services described in the Agreement, unless the CITY elects in writing to terminate only a portion of the services set forth herein and maintain the remainder of the Agreement.
11.3. Force Majeure. The performance of this Agreement may be discontinued or temporarily suspended, and CONTRACTOR shall not be deemed to be in default hereunder, if performance under this Agreement is prevented or delayed by Force Majeure or a pandemic.
12. PROPOSITION 218. If, at any time, a majority protest under Proposition 218 procedures precludes any rate adjustment under Sections 6.7, 6.8 or 6.9, CONTRACTOR shall be entitled to terminate this Agreement upon three (3) months' advance written notice provided to CITY. Termination by CONTRACTOR as provided in the preceding sentence shall not be deemed a default by CONTRACTOR and the full value of the bond required under Section
5.5 of this Agreement shall be returned to CONTRACTOR.
13. TRANSITION TO NEXT CONTRACTOR. In the event CONTRACTOR is not awarded an Agreement to continue to provide Collection Services following the expiration or early termination of this Agreement, CONTRACTOR shall provide customer names, addresses and service information to assist with a smooth transition to the subsequent collector.
14. LIQUIDATED DAMAGES. The parties recognize that if the CONTRACTOR fails to achieve the performance standards or fails to submit required documents in a timely manner, the CITY and its residents will suffer damages and that it will be impractical and extremely difficult to determine the exact amount of damages that the CITY will suffer. Therefore, without prejudice to the CITY's right to treat such non-performance as an event of default under Section 6.0, the parties agree that the following liquidated damage amounts represent Item: J-3
a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to the City that reasonably could be anticipated, and the anticipation that proof of actual damages would be costly or impractical. The CONTRACTOR may be subject to liquidated damages for the following acts or omissions if documented in an incident report presented by the CITY to the CONTRACTOR:
14.1. Failure to timely submit or make available to CITY documents and reports as required under the provisions of this Contract (Various Sections): $100 per incident per day
14.2. Failure to remit the Franchise Fee and other payments to CITY as set forth in Section 3 herein: $500 per incident per day
14.3. Failure to commence clean-up of spills, leaks, or litter caused by CONTRACTOR by end of Workday, upon notification from CITY (Section 5.3): $500 per day.
14.4. Failure to return a Customer voice message or respond to a Customer e-mail by the close of the Workday following the day the voice message or e-mail is received (Section 5.4) provided it is received by 6:00 p.m.: $150 per incident per day
14.5. Failure to repair damage or compensate CITY for damage to CITY property, including all City structures, public roadways and sidewalks caused by CONTRACTOR or its personnel (excluding (a) damage to driving surfaces that do not support Contractor's trucks within legal limit or damage constituting normal wear and tear, and (b) matters where the claim is being investigated or processed by the CONTRACTOR’s insurer) (Section 16.7): $500 per incident, plus the cost of the repair
14.6. Failure to notify the CITY of a delay of collection services: $300 per day.
14.7. Trucks overweight by at least where there are not extenuating circumstances, such as rain which increased the weight (Section 5.2.7): $300 per incident.
14.8. Failure to respond timely to CITY requests for services or information (Section 7): $ 150 per incident
14.9. Failure to complete the public education plan: $150.00 per day for time-related standards; $2,500 per incident for other standards not time-related; unspent public education funds shall be paid by CONTRACTOR to CITY.
Claims for liquidated damages must be made within 60 days from when CITY knew or should have known of the CONTRACTOR performance failure.
15. Attorneys’ Fees. In the event of any litigation or arbitration to interpret or enforce the terms of this Agreement, the prevailing Party shall be entitled to an award of reasonable attorney fees and costs, both at trial and on appeal.
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16. Indemnification of the CITY.
16.1. CONTRACTOR shall defend, with counsel reasonably acceptable to the CITY, indemnify and hold harmless, to the fullest extent allowed by law, CITY, its officers, officials, employees, volunteers, agents and assignees (collectively, "Indemnitees"), from and against any and all loss, liability, penalties, forfeitures, claims, demands, actions, proceedings or suits, in law or in equity, of every kind and description, (including, but not limited to, injury to and death of any person and damage to property, or for contribution or indemnity claimed by third parties) (collectively, "Loss") arising or resulting from: (i) the negligent action or omission of the CONTRACTOR, its agents, employees, and/or subcontractors, in exercising the privileges granted to it by this Agreement; (ii) the failure of the CONTRACTOR, its agents, employees, and/or subcontractors to comply in all respects with the provisions and requirements of this Agreement, applicable laws, ordinances and regulations, and/or applicable permits and licenses; and (iii) the acts of CONTRACTOR, its agents, employees, and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law. The foregoing indemnity shall apply regardless of whether such Loss is also caused in part by any of the Indemnitees' negligence.
16.2. The indemnities set forth in this Section shall not be limited by the insurance requirements set forth in the Agreement. CONTRACTOR's indemnification of Indemnitees will not include indemnification for Losses which arise as the result of the active negligence of Indemnitees, or the sole negligence or willful misconduct of Indemnitees. Further, the indemnification of Indemnitees will not include indemnification for Losses relating to a failure to achieve the minimum diversion requirements described in Section 4.8.2.
16.3. Evaluation of Liability. The CONTRACTOR'S obligation to defend, hold harmless, and indemnify shall not be excused because of the CONTRACTOR'S inability to evaluate liability or because the CONTRACTOR evaluates liability and determines that the CONTRACTOR is not liable to the claimant. The CONTRACTOR must respond within thirty (30) days to the tender of a claim for defense and indemnity by the CITY, unless this time has been extended by the CITY. If the CONTRACTOR fails to accept or reject a tender of defense and indemnity within thirty (30) days, in addition to any other remedy authorized by law, so much of the money due the CONTRACTOR by virtue of this Agreement as shall reasonably be considered necessary by the CITY, may be retained by the CITY until final disposition has been made or the claim or suit for damages, or until the CONTRACTOR accepts or rejects the tender of defense, whichever occurs first.
16.4. Hazardous Substances Indemnification. The CONTRACTOR shall indemnify, defend with counsel reasonably acceptable to the CITY, and hold harmless the Indemnitees from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages), injuries, hazardous materials response, remediation and removal costs, losses, demands, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, attorney's fees for the adverse party and expenses (including but not limited to attorney's Item: J-3
and expert witness fees and costs incurred in connection with defending against any of the foregoing or enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against CITY or its officers, officials, employees, agents, assigns, or successors (collectively, "Claims") arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste released, spilled or disposed of by CONTRACTOR under this Agreement. The foregoing indemnity is intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(c) and California Health and Safety Code Section 25364, to defend, hold harmless and indemnify the CITY from liability. Notwithstanding the foregoing, CONTRACTOR is not required to indemnify, defend or hold harmless under this paragraph against Claims arising from CONTRACTOR'S delivery of materials connected under this Agreement to any processing, disposal, transfer or other facilities, or their handling at such facilities or subsequent delivery to other locations, unless such Claims are due to CONTRACTOR'S negligence or willful misconduct. For purposes of clarity, CONTRACTOR will not be responsible for Excluded Materials placed for collection by customers or other third parties.
16.5. Consideration. It is specifically understood and agreed that the consideration inuring to the CONTRACTOR for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement.
16.6. Obligation. The execution of this Agreement by the CONTRACTOR shall obligate the CONTRACTOR to comply with the foregoing indemnification provisions; however, the collateral obligation of providing insurance must also be fully complied with as set forth in Section 9 above.
16.7. Damage by CONTRACTOR. If CONTRACTOR'S employees or subcontractors cause any damage or loss to CITY property, including but not limited to CITY streets or curbs, other than as a result of ordinary wear and tear or conditions not being suitable for CONTRACTOR's normal activities, including the quality of any roadway, then CONTRACTOR shall repair such property to the reasonable satisfaction of CITY, at CONTRACTOR'S sole cost and expense. If CONTRACTOR fails to do so within a reasonable period after CITY notifies CONTRACTOR of the damage or loss, then CITY may affect the repair and CONTRACTOR shall reimburse CITY for CITY'S reasonable cost of repairing such damage or loss. Such reimbursement is not in degradation of any right of CITY to be indemnified by CONTRACTOR for any such damage or loss.
17. Independent Contractor. CONTRACTOR is an independent contractor and shall not be deemed an employee of the CITY. CONTRACTOR shall have no power to incur any debt, obligation, or liability on behalf of CITY, or otherwise act on behalf of CITY as an agent.
Neither CITY nor any of its agents shall have any control over the conduct of CONTRACTOR or any of its employees, except as set forth in this Agreement.
CONTRACTOR shall secure at its sole expense and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for CONTRACTOR and its officers, agents and Item: J-3
employees. The parties agree that (l) CONTRACTOR is completely free from the control and direction of CITY in the performance of work under this Agreement, (2) the work being performed is outside the usual course of CITY's business, and (3) CONTRACTOR is customarily engaged in the waste management trade which is the subject of this Agreement.
CONTRACTOR shall indemnify and hold CITY harmless from any and all tax and employment related assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. CONTRACTOR further agrees to indemnify and hold CITY harmless from any failure of CONTRACTOR to comply with the applicable worker's compensation laws. CITY shall have the right to offset against the amount of any fees due to CONTRACTOR under this Agreement any amount due to CITY from CONTRACTOR as a result of its failure to promptly pay to CITY any reimbursement or indemnification arising under this paragraph.
18. Assignment. Neither this Agreement nor any portion thereof may be assigned or subcontracted without the written consent of the CITY Manager upon the express authority of the CITY Council. Notwithstanding the foregoing, CONTRACTOR shall have the right, without seeking or obtaining approval or authority from the CITY, to subcontract for street sweeping services under this Agreement.
19. Taxes. CONTRACTOR shall pay all real and personal property taxes and possessory interest taxes as may be applicable to its performance of services under this Agreement.
20. Waiver. Failure of the CITY or CONTRACTOR to insist upon strict performance of any or all of the terms of this Agreement in any given instance, shall not be considered to be a waiver of the right to assert such term or condition of this Agreement at a later time in respect to future events.
21. Sale of Recyclable Material. This Agreement is not intended to and shall not affect or limit the right of any person to sell any Recyclable Material to any person lawfully engaged in business in the CITY or to donate Recyclable Material, provided that all such Recyclable Material is separated at the source by the generator.
22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of California.
23. Conflict of Interest. CONTRACTOR and its officers, employees, associates, and subcontractors, if any, will comply with all conflict of interest statutes of the State of California applicable to its services under this Agreement, including, but not limited to, the Political Reform Act (Government Code section 81000, et seq.) and Government Code section 1090.
24. Mediation and Binding Arbitration.
24.1. Continue Performance. Except for an Event of Default, in the event of any dispute arising under this Agreement, CITY and CONTRACTOR shall continue performance of their respective obligations under this Agreement and shall attempt to resolve such dispute in a cooperative manner, including but not limited to negotiating in good faith.
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24.2. Mediation. Any unresolved dispute arising between the Parties under this Agreement shall first be submitted to non-binding mediation before a recognized mediator having experience with agreements of this nature and that is mutually acceptable to the Parties, provided that neither Party shall unreasonably withhold its acceptance. If the parties are unable, after a period of thirty (30) days from commencement of the dispute resolution process, to agree on a mediator, either party shall be entitled to petition a court of competent jurisdiction to appoint such a mediator for the Parties. Each Party shall bear its own costs, including attorney's fees, incurred in connection with the mediation. If the mediation does not result in a resolution of the dispute that is acceptable to both parties, either party may institute arbitration.
24.3. Binding Arbitration. Any unresolved dispute or claim which arises out of or which relates to this Agreement, or to the interpretation or breach thereof, shall be resolved by binding arbitration pursuant to California Code of Civil Procedure, Section 1280 et. seq.
Arbitration shall be by a single, neutral arbitrator having experience with agreements of this nature. The Parties shall mutually agree upon said arbitrator, but if the parties cannot so agree, either party may apply to the Superior Court of Tehama County to appoint an arbitrator. The arbitrator shall follow applicable law in reaching a decision of any controversy submitted to arbitration. The arbitrator’s fees and expenses and all arbitration costs shall be awarded to the prevailing party and against the losing party, unless otherwise required by this Agreement or unless the arbitrator, in his or her discretion, determines that a different apportionment of fees and costs is appropriate in the interests of justice. The arbitrator selected shall have experience with agreements of this nature. The rules for arbitration shall be the American Arbitration Association ("AAA") rules. Discovery may be undertaken by the Parties in accordance with the Code of Civil Procedure rather than the AAA rules.
25. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties, and constitutes the full understanding between the parties, superseding any previous agreements. Except as otherwise provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties thereto.
26. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance.
27. Authority. Each party executing this Agreement in any representative capacity hereby fully and completely warrants to all other parties that he or she has full and complete authority to bind the person or entity on behalf the signing party is purposing to act.
28. Resolution of Ambiguities. If any ambiguity exists in this Agreement, or in any specific provision hereof, neither the Agreement nor the provision shall be construed against the party who drafted the Agreement.
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29. Privacy.
29.1. Mailing Lists. CONTRACTOR shall not market or distribute mailing lists with the names and addresses of service recipients.
29.2. Privacy Rights Cumulative. The rights accorded service recipients pursuant to this Section 22 shall be in addition to any other privacy rights accorded service recipients pursuant to federal or state law.
[Signatures on following page]
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IN WITNESS WHEREOF, this Agreement is effective as of the latest date set forth below.
Date: _____________ THE CITY OF CORNING, CALIFORNIA
By: ___________________________
Name: ___________________________
Title: ___________________________
Date: _____________ USA WASTE OF CALIFORNIA, INC.
By: ____________________________
Name: ____________________________
Title: ____________________________
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EXHIBIT A
STREET SWEEPING SCHEDULE
CONTRACTOR, or its subcontractor, shall provide Residential street sweeping twice per month, Monday through Friday, 6:00 a.m. to 5:00 p.m., unless otherwise agreed by the parties,
CONTRACTOR shall provide Commercial street sweeping twice per month, Monday through Friday, 3:00 a.m. to 7:00 a.m., unless otherwise agreed by the parties Commercial areas defined are:
• Solano Street from Eastern City limits, to west side of Barham Road, Edith Avenue intersection, and each block North and South of Solano Street from Third Street to Houghton Avenue, and Yolo and Marin Streets from Third Street to Houghton Avenue.
• Third Street from North City limits, to Solano Street. • Edith Avenue from Solano Street to Colusa Street, and Short Drive cul-de- sac, West of Edith Avenue.
• Highway 99 W from Solano Street to Southern City limits, and Sunrise Way Cul-desac west of Highway 99-W. • South Avenue from Eastern City limits, to west side of South Avenue and the Barham Ave. intersection.
Sweeping Contractor shall have free use of City water for sweeping operations, and all sweepers shall be equipped with the proper spanner wrench for the opening and closing of all Hydrants. Sweeping debris shall be dumped in areas designated by the Public Works Department, and all debris will be picked up and disposed of by the City Public Works Department.
Fall leaf Season times and dates shall be coordinated between the City of Corning and CONTRACTOR. It is estimated that sweeping for leaves will require 2 1/2 times more sweeping hours, over and above the normal sweeping schedule. During the Fall leaf season, the entire paved section of the street shall be swept, if needed, by direction of the Public Works Director, to insure complete removal of all fallen leaves, and debris.
When a normal collection day falls on January 1st, Memorial Day, 4th of July holiday, Labor Day, Thanksgiving Day or December 25, sweeping shall be provided as follows: (a) on the holiday, (b) one day prior to the holiday, or (c) one day after the holiday, in which case Item: J-3
sweeping may be made one day later than the regularly scheduled day during the reminder of the week. Contractor shall notify the City two weeks in advance of any changes in sweeping schedules occasioned by holidays.
All City residents and Commercial businesses shall receive a street sweeping schedule from CONTRACTOR that shows the dates and times their area will be swept, and also to request that vehicles be removed from the curb and gutter area, so that the frontage of their home or business may be properly cleaned. Schedules will be sent in January billing annually.
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EXHIBIT B
STREET SWEEPING SERVICE AND
EQUIPMENT REQUIREMENTS
CONTRACTOR shall provide street sweeping services, including all necessary labor, materials and equipment, for all City streets with or without curb and gutter. All employees assigned to street sweeping operations shall be fully capable, experienced and trained in the work they are to perform. All street sweeping services shall be conducted in a workmanlike manner and in accordance with recognized industry standards, and to the reasonable satisfaction of the Public Works Director.
Street sweeping of private streets is not included in this franchise. However, nothing in this franchise shall prevent CONTRACTOR from entering into contracts with the owners of private drives, and parking lots.
CONTRACTOR, or its subcontractor, shall perform all street sweeping services in accordance with the schedule set forth in Exhibit A.
All street sweeping equipment shall meet each of the following standards:
• Equipment shall be heavy duty, vacuum, or broom type sweeping equipment, equipped with dual gutter brooms and designed to clean the streets of paper, dirt, rocks, leaves and other debris.
• It shall be equipped with an efficient water spray system for dust control. • It shall be capable of sweeping a minimum one-pass width of eight feet. • It shall conform to all applicable safety standards.
• It shall be properly registered in the State of California and insured in accordance with the laws of the State of California.
• It shall have the name and local telephone number of CONTRACTOR (or its subcontractor) displayed thereon in letters no smaller than two- and one-half inches in height. The name of the City or City logo shall not be displayed on the sweeping equipment.
• The sweeping equipment shall be kept clean and well-maintained, and in proper adjustment to ensure proper sweeping operations and that the equipment is without oil leaks. CONTRACTOR shall make sure that the sweeping contractor maintains a sufficient supply of spare tires, brooms and other parts, to ensure the timely and continuous provision of services. The equipment shall be subject to inspection and approval of the CITY's Public Works Director, or his Assistant.
Item: J-3
• Before the effective date of the Franchise agreement, CONTRACTOR shall furnish the City with Liability, and Worker Compensation Insurance Certificates from the Sub-Contractor under the Insurance requirements Section Sweeping Contractor shall immediately clean-up and/or report to the City any and all conditions related to street sweeping which may tend to create unsafe or hazardous conditions.
Sweeping Contractor shall submit such reports as may be requested by the City concerning street sweeping schedules, frequency of service and the collection and disposal of debris.
Contractor shall notify the Public and the City at least once a year or prior to any changes in the sweeping schedule.
Item: J-3
EXHIBIT C
RATE SCHEDULE
CITY OF CORNING
RATE SCHEDULE
Effective April 1, 2026
RESIDENTIAL RATES
New Rate
Effective April
1, 2026
Cart Rates
64 Gallon MSW (up to 2-64 Gallon Recycling Carts and 1-96 Gallon Green Waste Cart) $31.08
96 Gallon MSW (up to 2-64 Gallon Recycling Carts and 1-96 Gallon Green Waste Cart) $33.74
1-32 Gallon Senior Citizen Cart (up to 2-64 Gallon Recycling Carts and 1-96 Gallon Green Waste Cart)* $18.28
Additional Recycling (after 2 free) or Green Waste Carts (after 1 free) $9.32 * Only 1 cart at the discounted rate (by 4/1/29, this will be 75% of the 64 Gallon rate)
ANCILLARY RATES
New Rate
Effective April
1, 2026
Residential
Side Yard Service - up to 50 feet $13.67
Go back charge (same day by noon, otherwise considered non-service day) - all material types $16.54
Extra Pickup on non-service day - all material types $23.96 Contamination charge: Recycle & Green Waste $22.25
Overfull Container: all material types $22.25
Replace lost or stolen cart $127.11
Replace or Exchange damaged container (not caused by WM) $127.11 Account reactivation charge (from bad pay) - no delivery $67.28 Account reactivation charge (from bad pay) - w/ delivery $119.62 Item: J-3
Late Payment charge
2.5% of
balance ($5.00
min.)
COMMERCIAL AND MULTI-FAMILY RATES**
New Rate
Effective April
1, 2026
Cart Rates
64-Gallon MSW Cart - 1X Week $46.62
96-Gallon MSW Cart - 1X Week $50.62
Bin Rates
1 Yard - 1X Week $107.46
1.5 Yard - 1X Week $150.26
1.5 Yard - 2X Week $274.92
2 Yard - 1X Week $193.17
2 Yard - 2X Week $380.22
2 Yard - 3X Week $485.19
3 Yard - 1X Week $274.92
3 Yard - 2X Week $491.94
3 Yard - 3X Week $637.06
4 Yard - 1X Week $360.69
4 Yard - 2X Week $615.91
4 Yard - 3X Week $832.92
4 Yard - 4X Week $1,128.53
6 Yard - 1X Week $491.94
6 Yard - 2X Week $832.94
6 Yard - 3X Week $1,173.79
6 Yard - 4X Week $1,479.01
6 Yard - 5X Week $1,784.21
Recycling
64-Gallon Roller Cart - 1X Week (after 2 free) $27.45
1 Yard - 1X Week $64.48
1.5 Yard - 1X Week $80.89
1.5 Yard - 2X Week $114.72
Item: J-3
2 Yard - 1X Week $93.17
2 Yard - 2X Week $152.85
2 Yard - 3X Week $188.43
3 Yard - 1X Week $134.19
3 Yard - 2X Week $195.71
3 Yard - 3X Week $259.28
4 Yard - 1X Week $140.15
4 Yard - 2X Week $233.73
4 Yard - 3X Week $299.66
6 Yard - 1X Week $180.33
6 Yard - 2X Week $293.11
6 Yard - 3X Week $371.45
Green Waste
96-Gallon Roller Cart - 1X Week $33.13
Extra Pickup Rates Same Day - all material types
Roller Cart Extra Pickup $24.80
1 Yard - Extra Pickup $32.24
1.5 Yard - Extra Pickup $45.08
2 Yard - Extra Pickup $57.95
3 Yard - Extra Pickup $82.48
4 Yard - Extra Pickup $108.21
6 Yard - Extra Pickup $147.58
Extra Pickup Rates Non-Service Day - all material types Roller Cart Extra Pickup $32.90
1 Yard - Extra Pickup $59.10
1.5 Yard - Extra Pickup $82.64
2 Yard - Extra Pickup $106.24
3 Yard - Extra Pickup $151.21
4 Yard - Extra Pickup $198.38
6 Yard - Extra Pickup $270.57
Temporary Bin Rate
4 Yard “BIN-A-DAY” 3 Day Rental $151.44
Per Day rental charge after three days $47.68
**Trash service includes 2 64G recycling carts
Item: J-3
ANCILLARY RATES
New Rate
Effective April
1, 2026
Commercial
Contamination charge: Recycle & Green Waste $76.78
Overfull Container: all material types $104.26
Lock Fee per bin (per month, per lock) $7.77
Lock Replacement Fee $12.95
Long walk service. Up to 100 feet $15.03
Replace or Exchange damaged container (not caused by WM) $127.11 Account reactivation charge (from bad pay) - no delivery $67.28 Account reactivation charge (from bad pay) - w/ delivery $119.62 Late Payment charge
2.5% of
balance ($5.00
min.)
ROLL OFF BIN RATES
New Rate
Effective April
1, 2026
Temporary Drop Box Rates
20 Yard Haul - includes 3 tons* $728.05
30 Yard Haul - includes 3 tons* $816.26
Compactor Rates
Compactor Haul Rate - Any Size - does not include tonnage** $555.20 *Disposal over 3 tons are charged actual disposal charges from Tehama County/Red Bluff Landfill
**Customer owned. Actual tonnage is charged from Tehama County/Red Bluff Landfill
ANCILLARY RATES
New Rate
Effective April
1, 2026
Roll Off
Per Day rental charge after seven days $47.68
Roll Off Trip Charge $229.02
Relocation Charge (Move box to new location on customers current site) $229.02
Late Payment charge
2.5% of
balance ($5.00
min.)
Item: J-3
EXHIBIT D
RECYCLABLE MATERIALS
Paper
Cardboard
Boxboard or chipboard (e.g., shoe boxes, tissue boxes, cereal boxes) Newspaper
Magazines, catalogs, and glossy paper
Paper bags
Telephone books
Paper packaging or containers (including cartons)
Egg cartons
Junk mail
Phone books and soft cover books
Envelopes (labels or windows okay)
Office paper (all colors)
Plastic
All containers accepted (#1-7)
Bottles and jugs (all colors, clean & dry, with lids/caps replaced) Tubs and containers (e.g., yogurt, margarine)
Buckets and crates
Clamshell trays and deli containers
Plant pots (no ceramic)
Laundry baskets
Glass
Bottles and jars (labels okay)
All colors, lids replaced
Metal
Aluminum cans
Tin and steel cans
Clean aluminum pans and foil
Empty aerosol cans
Small scrap
Pots, pans, and utensils
Loose lids from jars
This definition may be amended from time to time by agreement of the parties. In no event shall “Recyclables” include Hazardous Waste. Contractor may temporarily dispose of Recyclable Materials in the event there are not commercially viable markets.
Item: J-3
EXHIBIT E
Outreach, Public Education and Diversion Plan
1. Plan Summary. WM will be responsible for developing an annual Outreach, Public Education and Diversion Plan (the “Plan”). As provided in Section of this Agreement, the initial Annual Budget will be $12,475, which will be adjusted annually by the change in CPI pursuant to Section 6.7. The Annual Budget will include items described in Sections 3, 4, 5, and 6 below.
2. Staff Time. WM sustainability support staff, including in-house and through partnering affiliates (e.g., Tehama County Solid Waste Management Agency - TCSWMA), will spend at least ten (10) hours per week in furtherance of the Plan.
3. Single Family Customers. Educational material, as described in the Plan, will be provided to SFD customers through social media, other electronic media, brochures, mailers, postcards, flyers and/or posters.
4. Commercial & Multi-Family Customers.
a. On a quarterly basis, WM will conduct a “desk review” of customers to identify customers that do not have recycling service.
b. In-person visits will be completed for each Commercial, Multi-Family and permanent roll-off customer regarding AB 341 and AB 1826 education and compliance within the first year from the effective date of the Agreement, totaling approximately 20 visits per month. WM will visit customers that are not in compliance with AB 341 to educate them on the law and encourage them to sign up for recycling service. Customers can call in and request an audit service. A list of the visited customers will be collected and reported on a quarterly basis, in the Quarterly Reports due April 30, July 31, October 31, and January 31 of each year. c. Customers will have access to WM's local website (currently https://www.wm.com/us/en/location/ca/corning/trash-pickup-corning-ca) to find information specific to the City. This content will include how to set out containers properly, educational materials and program descriptions. Customers will also have the ability to use WM's web-based service request system.
5. Public Events:
a. WM or its vendors will collaborate with the City on school outreach activities, provide recycle assessments upon request, and support school sustainability programs and student education. A minimum of 2 school events will be attended per year promoting recycling education and Item: J-3
awareness to local youth. All attended events will be reported in the annual report due February 15th for the previous year.
b. WM will attend public events and host booths to promote recycling education and awareness. A minimum of 4 events will be attended per year with a booth/table to promote recycling education and awareness to SFD, MFD, and/or Commercial customers. Collaboration with the City will be necessary to identify which special events are to be attended. All attended events will be reported in line with the annual report due February 15th for the previous year. WM will work with City to identify which special events will be attended.
6. Other Outreach Efforts. Such annual education materials include:
o Annual service calendar
o Acceptable and unacceptable materials, recycling tips o Battery and bulb education
o Proper cart placement
o New service offerings
o Bulky Item pickup
o HHW education
Recycling & Organics Contamination
In order for WM to successfully increase diversion, Waste Management and our affiliates will educate the customer to promote a clean recycling and/or organics waste stream.
Recycling contamination will be addressed by educating customer with proper recycling techniques.
Item: J-3
EXHIBIT F
OMITTED
Item: J-3
EXHIBIT G
CITY FACILITIES
Location Address Receptacles
City Hall 794 Third St, Corning, CA 96021 1 - 2 yd dumpster, 1 - 2yd rec dumpster Police Department 774 Third St, Corning, CA 96021
Fire Department 814 5th St, Corning, CA 96021 1 - 2yd dumpster, 1 - 3yd recycle dumpster Corp Yard 1106 Butte St, Corning, CA 96021 2 - 6yd dumpsters, 1- 4yd Rec Dumpster Transportation Center 1081 Solano St, Corning, CA 96021 1 - 3yd dumpster, 1- 64g recycle bin, 1- 96g toter bin Corning Senior Center 1015 4th Ave, Corning, CA 96021 1 - 2yd dumpster, 1 - 3yd recycle dumpster Rodgers Theatre 1217 Solano St, Corning, CA 96021 1 - 2yd Dumpster, 1- 64g recycle bin Wastewater Treatment Plant 24862 Gardiner Ferry Rd, Corning, CA 96021 1 - 3 yd dumpster Corning Airport N Marguerite Ave, Corning, CA 96021 1 - 2yd dumpster, 1- 64 gallon bin (Tony's?) Lennox field 1624 Houghton Ave, Corning, CA 96021 1 - 3yd dumpster, 1- 64g recycle bin Skate Park 1485 Toomes Ave, Corning, CA 96021 1 - 3yd dumpster, 1- 64g recycle bin Clark Park 1103 E Fig Lane, Corning, CA 96021 1 - 2yd dumpster, 1- 4yd dumpster, 1- 64g recycle bin Northside Park 1414 Colusa St, Corning, CA 96021 1 - 4yd dumpster, 1- 64g recycle bin Yost Park 988 Tehama St, Conring, CA 96021 1 - 4yd dumpster, 1- 64g recycle bin Woodson Park 1051 Peach St, Corning, CA 96021 1 - 4yd dumpster, 1- 64g recycle bin Martini Plaza 1400 Block of Solano St, Corning, CA 96021 1- 1yd dumpster, 1 - 64g recycle bin Public Recepticals Solano St 15 public waste containers Corning Community Center Plaza Spring 2027 - No community kitchen / employee breakroom only 4 yd and 2yd RCY Item: J-3
ITEM NO.: J-4
CONSIDER APPROVAL OF
AMENDMENT TO THE
AGREEMENT WITH NEW
CINGULAR WIRELESS PCS, LLC
LEASE SPACE
January 27, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
SUMMARY:
City staff was presented with a second addendum to the existing agreement with New Cingular Wireless PCS, LLC to extend the agreement with the City of Corning.
A summary of the Second Addendum to the Agreement is provided below:
• Rent: $2,450 per month beginning September 1, 2026; rent is guaranteed for 60 months (through August 31, 2031). (Currently $2,200 per month) • Term: Current term ends October 31, 2026, followed by six (6) consecutive five-year extension terms; final expiration is August 31, 2056, if all extensions are exercised. • Increases: Rent increases by 10% on September 1, 2031, and by 10% at the start of each subsequent five-year extension term.
BACKGROUND:
The original agreement with AT&T Wireless Services of California, Inc. (AT&T) allowed AT&T to use the premises for the transmission and replacement of its communications fixtures and related equipment utilizing the existing water tank, associated antennas, an equipment shelter, and fencing and any other items necessary to the successful and secure operation of the communication facility.
A summary of the original agreement is as follows:
• Total term of 30 years to August 29, 2030
• Provided AT&T a site lease of 620 square feet.
• Provided the ability for the tenant to modify, supplement. Upgrade, expand the equipment, increase the number of antennas, or relocate the communication facility within the premises at any time.
RECOMMENDATION:
MAYOR AND CITY COUNCIL:
• APPROVE THE SECOND AMENDMENT TO THE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC, AS PRESENTED; AND
• AUTHORIZE THE CITY MANAGER TO SIGN THE AGREEMENT
2019 Amendment
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Market: San Francisco / Sacr / Reno
Cell Site Number: CVL00295
Cell Site Name: CORNING
Fixed Asset Number: 10090397
SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT
THIS SECOND AMENDMENT TO OPTION AND LEASE AGREEMENT
(“Amendment”) dated as of the latter signature date below (“Effective Date”) is by and between The City of Corning, a municipal corporation, having a mailing address at 794 Third Street, Corning, CA 96021 (“Landlord”) and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address at 1025 Lenox Park Blvd NE, 3rd Floor, Atlanta, GA 30319 (“Tenant”).
WHEREAS, Landlord and Tenant (or its affiliate or predecessor-in-interest) entered into an Option and Lease Agreement dated August 29, 2000, as amended by First Amendment to Option and Lease Agreement dated February 25, 2021, whereby Landlord leased to Tenant certain Premises, therein described, that are a portion of the Property located at 1106 Butte Street, Corning, CA 96021 (collectively, the “Agreement”); and
WHEREAS, Landlord and Tenant desire to amend the Agreement to extend the Term of the Agreement; and
WHEREAS, Landlord and Tenant desire to adjust the monthly rent (“Rent”) in conjunction with the modifications to the Agreement contained herein; and WHEREAS, Landlord and Tenant desire to amend the Agreement to modify the notice section thereof; and
WHEREAS, Landlord and Tenant desire to amend the Agreement to permit Tenant to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and
WHEREAS, Landlord and Tenant, in their mutual interest, wish to amend the Agreement as set forth below accordingly.
NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant agree as follows:
1. Term. In addition to the Extension Terms presently set forth in the Agreement, the parties hereby agree to add four (4) additional Extension Terms of five (5) years each. Accordingly, at the end of the final Extension Term presently set forth in the Agreement, the Term will automatically renew for four (4) separate consecutive additional periods of five (5) years each (each also being Item: J-4
2019 Amendment
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defined as an Extension Term) upon the same terms and conditions of the Agreement, unless Tenant notifies Landlord in writing of Tenant’s intention not to renew the Agreement at least sixty (60) days prior to the expiration of the then in effect Extension Term. Hereafter, “Term” shall include any and all applicable Extension Terms. For purposes of clarity, the existing Extension Term currently in effect expires on October 31, 2026, and is followed by six (6) five (5) year Extension Terms as set forth above, with a final Term expiration date (if all Extension Terms are exercised) of August 31, 2056.
2. Modification of Tenant's Obligation to Pay - Rent Guarantee. Notwithstanding Tenant's obligation to pay Rent set forth in the Agreement, for a sixty (60) month period commencing September 1, 2026, and ending August 31, 2031, ("Rent Guarantee Period"), Tenant's obligation to pay Rent is guaranteed and such obligation will not be subject to offset or cancellation by Tenant except as provided below. Notwithstanding the foregoing, if Landlord exercises any of Landlord's rights to terminate the Agreement as set forth in the Agreement, other than the Landlord's right to terminate the Agreement due to the default of Tenant under the terms of the Agreement beyond any applicable grace and cure period, Tenant will be released from any and all of its obligations to pay Rent during the Rent Guarantee Period as of the effective date of said termination. In addition, Tenant shall be released from any and all of its obligations to pay Rent during the Rent Guarantee Period if any of the following shall occur; (a) Landlord is in breach of the Agreement including but not limited to any default under the terms of the Agreement beyond any applicable grace and cure period; (b) there is a foreclosure of the Property which results in a termination of the Agreement; (c) the Landlord shall require Tenant to relocate Tenant's equipment and facilities to a location that is not acceptable to Tenant in its reasonable business judgement if allowed for in the Agreement; or (d) any existing government permits and/or approvals cannot be obtained or maintained, at no fault of the Tenant. If the Agreement is further modified in the future with any obligation for Tenant to pay additional Rent, the payment of guaranteed Rent established in this paragraph will not be diminished or limited, but such Rent guarantee will not extend to that future additional Rent obligation.
3. Modification of Rent. Commencing on September 1, 2026 the current Rent payable under the Agreement shall be Two Thousand Four Hundred Fifty and No/100 Dollars ($2,450.00) per month, and shall continue during the Term, subject to adjustment, if any, as provided below. In the event of any overpayment of Rent prior to or after the Effective Date, Tenant shall have the right to deduct from any future Rent payments an amount equal to the overpayment amount.
4. Future Rent Increase / Extension Term Increase. The Agreement is amended to provide that commencing on September 1, 2031 Rent shall increase by ten percent (10%) and at the beginning of each Extension Term thereafter, as applicable.
5. Emergency 911 Service. In the future, without the payment of additional Rent, or any other consideration, and at a location mutually acceptable to Landlord and Tenant, Landlord agrees that Tenant may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services.
Item: J-4
2019 Amendment
- 3 -
6. Acknowledgement. Landlord acknowledges that: 1) this Amendment is entered into of the Landlord’s free will and volition; 2) Landlord has read and understands this Amendment and the underlying Agreement and, prior to execution of this Amendment, was free to consult with counsel of its choosing regarding Landlord’s decision to enter into this Amendment and to have counsel review the terms and conditions of this Amendment; 3) Landlord has been advised and is informed that should Landlord not enter into this Amendment, the underlying Agreement between Landlord and Tenant, including any termination or non-renewal provision therein, would remain in full force and effect.
7. Notices. Section 17 of the Agreement is hereby deleted in its entirety and replaced with the following:
NOTICES. All notices, requests, payments of rent, demands, and other communications required or permitted hereunder shall be given as follows:
For Notices of Default to Tenant:
a) To Tenant’s Lease Administration Department at [email protected]; and b) To Tenant’s Law Department via First Class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid:
New Cingular Wireless PCS, LLC
Attn.: Legal Dept – Network Operations
Re: Cell Site #: CVL00295; Cell Site Name: Corning (CA) Fixed Asset #: 10090397
208 Akard Street
Dallas, TX 75202-4206
For Notices of Default to Landlord:
a) To Landlord at [email protected]; and
b) To Landlord’s Law Department via First Class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid:
The City of Corning
794 Third Street
Corning, CA 96021
All other Notices will be sent:
a) To Tenant’s Lease Administration Department at [email protected]; and b) To Landlord at [email protected]
Notices by email will be effective on the first calendar day after it was sent unless the sender receives an automated message that the email has not been delivered. Electronic mail shall be sent with a read receipt, but a read receipt shall not be required to establish that notice was Item: J-4
2019 Amendment
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given and received. All other Notices shall be effective when received unless returned undelivered. Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other party hereto as provided herein.
8. Right of First Refusal. Notwithstanding any other provisions contained in the Agreement, if at any time after the Effective Date, Landlord receives a bona fide written offer from a third party seeking any sale, conveyance, assignment or transfer, whether in whole or in part, of any property interest in or related to the Premises, including without limitation any offer seeking an assignment or transfer of the Rent payments associated with the Agreement or an offer to purchase an easement with respect to the Premises (“Offer”), Landlord shall immediately furnish Tenant with a copy of the Offer. Tenant shall have the right within ninety (90) days after it receives such copy to match the financial terms of the Offer and agree in writing to match such terms of the Offer. Such writing shall be in the form of a contract substantially similar to the Offer, but Tenant may assign its rights to a third party. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the ninety (90) day period, Landlord may sell, convey, assign or transfer such property interest in or related to the Premises pursuant to the Offer, subject to the terms of the Agreement. If Landlord attempts to sell, convey, assign or transfer such property interest in or related to the Premises without complying with this Section 8, the sale, conveyance, assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under the Agreement and reserves the right to hold payments due under the Agreement until Landlord complies with this Section 8. Tenant’s failure to exercise the right of first refusal shall not be deemed a waiver of the rights contained in this Section 8 with respect to any future proposed conveyances as described herein.
9. Charges. All charges payable under the Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of the Agreement.
10. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Amendment, the terms of this Amendment shall control. Except as expressly set forth in this Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Amendment.
11. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement.
[NO MORE TEXT ON THIS PAGE - SIGNATURES TO FOLLOW ON NEXT PAGE] Item: J-4
2019 Amendment
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IN WITNESS WHEREOF, the parties have caused this Amendment to be effective as of the last date written below.
LANDLORD:
The City of Corning,
a municipal corporation
TENANT:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
4913-9650-1890.1
Item: J-4
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
RUBI ORDAZ, CITY CLERK
COLLIN BOGENER, CITY ATTORNEY
SUMMARY:
Upon review of the City of Corning Conflict of Interest Code, the City Manager, City Attorney, City Clerk, and staff recommend adoption of a resolution amending Appendix A to add the position of Assistant Finance Director as a designated employee, ensuring continued compliance with the Political Reform Act and Fair Political Practices Commission regulations.
BACKGROUND:
State law requires public agencies to review and update their Conflict of Interest Codes during even-numbered years. During this review, staff identified the need to formally include the positions of Assistant Finance Director, whose duties include financial oversight, purchasing, and contracting responsibilities that may foreseeably affect economic interests.
This amendment ensures the City’s Conflict of Interest Code accurately reflects current staffing structure and complies with state disclosure requirements.
This current code affects the following positions within the City:
Mayor and City Councilors Police Chief City Attorney
City Treasurer Fire Chief Recreation Director
City Clerk Deputy City Clerk Consultants
City Manager Public Works Director Planning Commissioners Finance Officer Building Official Planning Director
Assistant Public Works Director Wastewater Treatment Plant Operator (Inframark, LLC) RECOMMENDATION:
Mayor and City Council review and adopt Resolution 01-27-2026-01 amending the City’s Conflict of Interest Code to add the position of Assistant Finance Director as a designated employee.
ITEM NO: J-5
REVIEW AND ADOPT RESOLUTION
01-27-2026-01 A RESOLUTION
AMENDING THE CITY’S CONFLICT
OF INTEREST CODE
January 27, 2026
RESOLUTION NO.: 01-27-2026-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CORNING AMENDING THE CITY’S CONFLICT OF INTEREST CODE
TO ADD THE POSITION OF ASSISTANT FINANCE DIRECTOR
WHEREAS, the Political Reform Act, Government Code Section 81000 et. Seq. requires State and Local Government Agencies to adopt Conflict of Interest Codes and review those Codes in even-numbered years to ensure that they are current; and WHEREAS, the City has established the position of Assistant Finance Director, whose duties include financial oversight, contracting, and purchasing responsibilities that may foreseeably affect economic interests; and
WHEREAS, it is necessary to amend Appendix A of the City’s Conflict of Interest Code to include this position as a designated employee as Category Position: Assistant Finance Director and Disclosure 1 and 2;
NOW, THEREFORE, BE IT RESOLVED that the designated employees shall file Statements of Economic Interest with the City Clerk who will then make such statements available for public inspection and reproduction (Gov. Code Section 81008); and BE IT FURTHER RESOLVED that, should the requirements of State Law with regard to the matters set forth above be amended or be found to be in conflict with the foregoing provisions set forth in this Resolution, such State Laws shall prevail and govern; and BE IT FURTHER RESOLVED that the list of designated employees required to file Statements of Economic Interest shall include all those Officers and Employees as set forth in “Appendix A” which is attached hereto and incorporated herein by this reference. The General Provisions and Disclosure Categories set forth in “Appendix B” attached hereto are also incorporated herein by this reference.
PASSED AND ADOPTED by the City Council of the City of Corning on this 27th day of January 2026 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
______________________________
Robert Snow, Mayor
ATTEST:
_____________________________
Rubi Ordaz, City Clerk
I, Rubi Ordaz, City Clerk of the City of Corning, California, DO HEREBY CERTIFY that the foregoing Resolution, Resolution No. 01-27-2026-01, was duly introduced, approved, and adopted by the City Council of the City of Corning at a regular meeting of said Council held on the 27th day of January 2026 by the votes listed above.
Item: J-5
APPENDIX A
Category Position Disclosure
City Manager Note 1, below
City Attorney Note 1, below
City Treasurer Note 1, below
City Clerk 1
Deputy City Clerk 1
Finance Officer Note 1, below
Assistant Finance Director 1, 2
Public Works Director 2, 3, 4
Assistant Public Works Director 2, 3, 4
Planning Director 2, 3, 4
Building Inspector 2, 3, 4
Wastewater Treatment Plant Operator (Inframark, LLC) 2, 3, 4 Police Chief 2, 3
Fire Chief 2, 3
Recreation Supervisor 2, 3
Mayor Note 1, below
City Council Members Note 1, below
Planning Commissioners Note 1, below
Consultants Note 2, below
1. Although listed here, this position does not fall into the category of “designated employee” because it is a position identified in Government Code, Section 87200 and the Government Code itself specified the filing requirements for this position.
2. Consultants shall be included in the lists of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitations:
The City Manager may determine in writing that a particular Consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the Consultant’s duties and based upon that description, a statement of the extent of disclosure requirement.
The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict-of-Interest Code.
Item: J-5
APPENDIX B
General Provisions
When a designated employee is required to disclose investments and sources of income, he need only disclose investments in business entities and sources of income which do business in the jurisdiction, plan to do business in the jurisdiction or have done business in the jurisdiction within the past two years. In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. When a designated employee is required to disclose interests in real property, he need only disclose real property which is located in whole or in part within or not more than two miles outside the boundaries of the jurisdiction or within two miles of any land owned or used by the local government agency.
Designated employees shall disclose their financial interests pursuant to the appropriate disclosure category as indicated in Appendix A.
DISCLOSURE CATEGORIES:
Category 1: Officials and employees whose duties are broad and indefinable:
Investments, business positions, and income from sources located in or doing business in the City.
Interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.
Category 2: Officials and employees whose duties involve contracting or purchasing:
Investments, business positions, and sources of income of the type which:
Provide services, supplies, materials, machinery, or equipment of the type utilized by the City.
Category 3: Agencies with regulatory powers:
Investments, business positions, and sources of income of the type which:
Are subject to the regulatory, permit or licensing authority of the City.
Category 4: Designated employees whose decisions may affect real property interests:
Investments, business positions, and sources of income of the type which:
Engage in land development, construction or the acquisition or sale of real property.
Interests in real property located within the City, including property located within a two-mile radius of any property owned or used by the City.
Category 5: Agencies which provide pooled self-insurance benefits:
Interests in real property located within the City, including property located within a two-mile radius of any property owned or used by the City.
Investments, business positions, and sources of income of the type which:
The City is empowered to invest its funds.
Provide services, supplies, materials, machinery, or equipment of the type utilized by the City.
Item: J-5
Engaged in the business of insurance including, but not limited to, insurance companies, carriers, holding companies, underwriters, brokers, solicitors, agents, adjusters, claims managers and actuaries. Financial institutions including, but not limited to; Banks, Savings and Loan Associations and Credit Unions.
Have filed a claim, or have a claim pending, against the City.
Category 6: Joint Power Authorities:
Interests in real property located within the City including property located within a two-mile radius of any property owned or used by the City.
Investments, business positions, and sources of income from the type which:
The City is empowered to invest its funds.
Contracted with the City to provide services, supplies, materials, or equipment.
Are Insurance Companies, carriers, holding companies, underwriters, agents, solicitors, or brokers.
Have filed a claim or have a claim pending against the City.
Item: J-5
ITEM NO. J-6
RATIFY MEMORANDUM OF
UNDERSTANDING BETWEEN THE
CITY AND THE CITY OF CORNING
MANAGEMENT BARGAINING UNIT
January 27, 2026
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRANT MESKER, CITY MANAGER
RUBI ORDAZ, CITY CLERK
SUMMARY:
The City of Corning has reached agreement with the employees of the City of Corning Management Bargaining Unit as reflected in the attached complete Agreement, known under California Law as a “Memorandum of Understanding” (MOU).
MEMORANDUM OF UNDERSTANDING (MOU):
Below are the key elements of the proposed new MOU Agreement:
1. Term: 18-month agreement (January 1, 2026, through June 30, 2027).
2. Article IX, Classifications and Wages:
9.1 Wage increase:
A. Effective the first full pay period after January 1, 2026, all members represented by this Memorandum of Understanding shall receive a salary increase of two- and onehalf percent (2.5%) to their base monthly salary.
9.2 Bilingual Pay:
A. A single Employee in this Unit shall receive a 3% increase to base pay for incidental duties related to the assignment under the following conditions.
3. Article XI Administrative Leave:
11.1 Employees accrue one hundred hours (125) of Administrative Leave per year.
4. Article XV Holidays and Holiday Pay:
15.1 Employees shall receive the following scheduled twelve (12) holidays off with pay:
Juneteenth will be added as a paid holiday. The annual holiday pay shall be increased by 8 hours.
5. Article X Health and Welfare Insurance:
10.1 The City’s contribution to the cost of such plan up to $2,090.00 per month. Future annual increases to the City Contribution shall be $65 per month per year.
6. Article XIII Sick Leave:
13.4 Bereavement Leave: In the event of a death in the immediate family, the Employee may take off up to five (5) days.
In addition to the newly negotiated items outlined above, the Memorandum of Understanding includes standard language clean-up and clarifications to improve consistency, administration, and interpretation of the agreement. These revisions do not necessarily change the intent of the provisions but help ensure smoother implementation and provides language clarifying the terms of the agreement. Certain updates were also made to reflect state and federal legal requirements to maintain compliance.
RECOMMENDATION:
Mayor and Council ratify the Memorandum of Understanding between the City of Corning and the City of Corning Management Bargaining Unit for the period of January 1, 2026, through June 30, 2027.
ATTACHEMENTS:
Management Unit Memorandum of Understanding
Exhibit A-Updated Management Salary Schedule
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CORNING
AND
THE CITY OF CORNING
MANAGEMENT UNIT
FOR MANAGEMENT EMPLOYEES
EFFECTIVE:
JANUARY 1, 2026 – JUNE 30, 2027
AGREEMENT: December 19, 2025
RATIFIED BY CITY COUNCIL: JANUARY __, 2026
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
THIS MEMORANDUM OF UNDERSTANDING is made and entered into between the MANAGEMENT UNION, hereinafter referred to as “Union,” and the designated representatives of the CITY OF CORNING, hereinafter referred to as the “City,” pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code sections 3500, et seq.).
Article I.
GENERAL PROVISIONS
1.1 Definitions
A. Employer: The term “Employer,” as used herein, shall refer to the City of Corning.
B. Union: The term “Union,” as used herein, shall refer to Operating Engineers Local Unit No. 3.
C. Employee: The term “Employee,” as used herein, shall mean all Employees of the Management Unit as designated under the provisions of the Employee Relations Policy of the City of Corning.
D. Employee Anniversary Date: The term “Employee Anniversary Date,” as used herein, shall mean the anniversary date of the employee’s employment with the City.
E. Step Anniversary Date: The term “step anniversary date,” as used herein, shall mean the date upon which an employee has finished serving the requisite amount of time in order to be eligible for a salary step increase. A new time period for such requisite service shall commence upon the occurrence of any of the following events: promotion, reclassification, implementation of a Memorandum of Understanding provision, or Side Letter of Understanding specifying a movement into a new step or an increase in the rate paid for the step currently held by the employee.
Article II.
RECOGNITION
2.1 The Employer hereby recognizes the Union as the only organization entitled to meet and confer on matters within the scope of representation.
Article III.
HIRING PROVISIONS
3.1 No Employee covered by this Memorandum of Understanding shall be discriminated against by the Employer, or by the Union, by reason of race, color, religion, sex, age or national origin.
3.2 The Employer shall not discharge, or otherwise discriminate against any employee by reason of Union activities not interfering with the proper performance of their work.
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
Article IV.
MANAGEMENT RIGHTS
4.1 The Employer retains the exclusive right to manage the City. All the rights, powers, functions and authority of the Employer, which it had prior to the time the Union became certified as representative of the Employees of the Employer, and which are not limited or modified by specific provisions of the Memorandum are retained by the Employer. The employer specifically retains the right to manage and supervise its Employees as follows:
A. To hire, promote, transfer, assign, classify positions, retain employees, and to suspend, demote, discharge or take other disciplinary action against employees.
B. To lay off or demote employees from duties because of lack of work, lack of funds, in the interest of economy, or other legitimate reasons.
C. To determine the policies, standards, procedures, methods, means and personnel by which City operations are to be conducted.
D. To take whatever actions may be necessary to carry out the City in situations of emergency.
E. To limit or prohibit the right of Employees in certain positions or classes of positions from forming, joining, or participating in employee organizations as provided in the California Government Code, and designating such employees in the current Schedule of Department and Authorized Positions adopted by resolution.
F. Nothing in this policy shall be construed to interfere with the City’s right to manage its operations in the most economical and efficient manner consistent with the best interests of all citizens, taxpayers, and employees of the City.
Article V.
UNION RIGHTS
5.1 The Union recognizes its obligation to cooperate with the Employer to assure maximum service of the highest quality and efficiency to the citizens of the City of Corning consistent with its obligations to the Employees it represents.
5.2 Employer and Union affirm the principle that harmonious employer-employee relations are to be promoted and furthered. When a person is hired in any of the covered job classifications, the City shall notify that person that the Union is the certified representative for the Employees and shall notify the Union of such hiring.
5.3 The Employer shall provide the Union space to erect a bulletin board in each area where Employees covered by this Memorandum are assigned.
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
5.4 Union shall have access to any Employee or Employees to conduct union business during work hours for the purpose of presenting a grievance or to conduct any other union business; and Employees have the right to have the Union represent the Employee at all stages of disciplinary action.
Article VI.
PEACEFUL PERFORMANCE
6.1 The parties to this Memorandum of Understanding recognize and acknowledge that the services performed by the City Employees covered by this Memorandum of Understanding are essential to the public health, safety and general welfare of the residents of the City of Corning. The Union agrees that under no circumstances will the Union recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow-down or picketing (hereinafter collectively referred to as work-stoppage), in any office or department of the City, nor to curtail any work or restrict any production, or interfere with any operation of the City. In the event of any such work stoppage by any member of the bargaining unit, the City shall not be required to negotiate on the merits of any dispute, which may have given rise to such work stoppage until said work stoppage has ceased.
6.2 In the event of any work stoppage during the term of this Memorandum of Understanding, whether by the Union or by any member of the bargaining unit, the Union, by its officers, shall immediately declare in writing and publicize that such action is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work. Copies of such written notice shall be served upon the City. If in the event of any work stoppage, the Union promptly and in good faith, performs the obligations of this paragraph, and providing the Union has not otherwise authorized, permitted or encouraged such work stoppage, the Union shall not be liable for any damages caused by the violation of this provision. However, the City shall have the right to discipline, including discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress including damages, as against any such employee.
Article VII.
PAYMENTS
7.1 This Memorandum is intended to cover all aspects of wages, hours, and working conditions for Employees covered herein; therefore, nothing in this Memorandum shall prevent the Employer from modifying any fringe benefits or benefit plans not specifically provided for in Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
this Memorandum such as retirement plans, salary continuation plans, etc., subject to meet and confer.
7.2 If an Employee covered by this Memorandum is permanently assigned work of a substantially new or different nature so as to constitute a new job classification, the Employer and the Union shall determine the wage rate through the established procedures.
7.3 In the event an error has been made in the payment of an employee's wages, overtime payment, leave accruals, balances, or usages, the City shall, for the purposes of future compensation, adjust such compensation to the correct amount, giving written notice to the employee. Such adjustments are limited by the three year statute of limitations set forth in California Code of Civil Procedure section 338.
7.4 In the event an employee receives an overpayment in wages, reimbursement to the City shall be accomplished by either:
A. Lump-sum payment by the Employee; or
B. A one-time deduction from usable vacation or compensatory time off (CTO), or unused holidays worked, equivalent to the overpayment at the Employee’s current hourly rate; or C. A repayment schedule through payroll deductions; or
D. Other means as may be mutually agreed between the City and the Employee.
No repayment schedule shall exceed forty-eight (48) pay periods in duration, except that if the employee does not agree to a voluntary repayment schedule, the overpayment collection shall not exceed twenty-four (24) pay periods. If an employee terminates City employment prior to completing his/her repayment schedule, any amounts still due the City will be applied against the employee's final paycheck.
7.5 Employees shall be paid bi-weekly, no later than six (6) days following the end of the preceding payroll period.
Article VIII.
PREVALING RIGHTS
8.1 This Memorandum of Understanding contains all of the covenants, stipulations and provisions agreed upon by the parties. It is understood that all items relating to Employees' wages, hours, and other terms and conditions of employment not covered in this Memorandum of Understanding shall remain the same, except as specifically mentioned in this Memorandum of Understanding; therefore, for the life of this Memorandum of Understanding, neither party shall be compelled to bargain with the other concerning any mandatory bargaining issues, whether specifically bargained about prior to the execution of this Memorandum of Understanding or which may have been omitted in the bargaining which led up to the execution of this Memorandum of Understanding, except by mutual agreement of the parties or as specifically mentioned in this Memorandum of Understanding.
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
8.2 In the event the City General Fund Reserves fall below $1,000,000.00 the City and Union agree to meet within fifteen days and discuss; provided, however, that this provision shall not be considered a contract reopener, and further provided that this contract provision shall not be used by the City in any action or proceeding to interpret contract.
Article IX.
CLASSIFICATIONS AND WAGES
9.1 Wage Increase
A. Effective the first full pay period after January 1, 2026, all members represented by this Memorandum of Understanding shall receive a salary increase of two- and one-half percent (2.5%) to their base monthly salary.
B. For the period of this agreement, Employees will be paid in accordance with the monthly salary schedule and effective dates as shown in Exhibit “A”. Employees will be eligible for step increases on their step anniversary dates. Employees may advance to the next step in the pay schedule upon satisfactory completion of the required time in the tower step. The time required between step A and B shall be (6) six months. Advancement from step B to C, C to D and D to E shall be (12) twelve months between each step.
9.2 Bilingual Pay
A. A single Employee in this Unit shall receive a 3% increase to base pay for incidental duties related to the assignment under the following conditions.
1. An employee must be certified as bilingual and assigned the duties by the City Manager.
2. The City Manager will establish standards for qualifying employees and for an ongoing review of skills. The City Manager will require that employees demonstrate the ability to converse in Spanish sufficient to serve the needs of the City.
3. The City Manager shall terminate the assignment if the ongoing use of the bilingual skills are no longer required and/or the Employee fails to perform the duties at the skill level which meets the established standard.
9.3 The Building Official will receive an additional 5% increase in pay once they have become a certified building official/inspector by passing all required testing.
Article X.
HEALTH AND WELFARE INSURANCE
10.1 Currently, the City offers a choice of five (5) Health Insurance Policies; (2) Operating Engineers Public Employees' Health and Welfare Plans; and (3) different tier Blue Shield Savings Account Plans. All Employees and their dependents may participate in the Operating Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
Engineer Public Employees' Health and Welfare Plans, or any of the Blue Shield Savings Account Plans, with the City contributing to the cost of such plan up to $2,090.00 per month toward the rate. The employee shall pay any remaining costs of insurance.
Future annual increases to the City Contribution shall be $65 per month per year. However, the total City contribution shall not exceed the employee plus family premium rate of the Operating Engineers Health and Welfare Platinum Plan (Full Benefit).
Overage Payment: The difference between the cost of the Health insurance Policy selected by the employee and the City Contribution, if any, shall, at the election of the employee, be paid into the Health Savings Account to the maximum allowed under the law; once this account is maximized, all overage shall go into the employees 457 deferred compensation account. Should the employee select a plan other than a Health Saving Account, then all overage shall be paid to the employee's 457 deferred compensation account. Overage payments, in total, shall not exceed $700 per month per employee. This Overage Payment shall be limited to employees hired on or before February 11, 2020.
For those employees who otherwise have medical insurance and opt-out of the City Medical Insurance completely, the City will provide $900.00 per month which may be paid to a 457 deferred compensation plan, added to salary compensation or divided between both and only be changed once a year, unless employee encounters an unforeseen circumstance.
10.2 The City shall pay the fee for Employees who are not members of the Operating Engineers Local No. 3 Union in order to participate in the Union's Health and Welfare Plan.
10.3 The City shall provide life insurance in the amount of one hundred thousand dollars ($100,000) effective the first pay period in 2016 following City Council approval of the Memorandum of Understanding (MOO) and will continue to pay the accidental life and disability insurance premiums.
10.4 The City shall have the option of replacing the Operating Engineers Public Employees Health and Welfare Plan with a plan of the City's choosing. If the City exercises this option, the City shall maintain coverage that is comparable and substantially equivalent to that provided currently under the present plan.
10.5 The City will make an Employee Assistance Program (EAP) available to each regular employee. The EAP provides personal, family and career counseling to employees along with financial counseling referrals, and legal referrals to employees.
Article XI.
ADMINISTRATIVE LEAVE
11.1 Employees accrue one hundred hours (125) of Administrative Leave per year.
11.2 Administrative Leave time may be carried into the following year, but at no time shall it exceed two hundred (200) hours.
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
11.3 Administrative Leave in excess of two hundred (200) hours shall be paid at the end of the calendar year to the Employee.
11.4 Employees shall be allowed to convert up to fifty percent (50%) of Administrative hours each fiscal year to paid days. Department heads shall plan for such conversion in their annual budget proposals.
A. Administrative Leave Cash Outs include increases for SPECIALTY PAY i.e. Educational incentives, Longevity, Bilingual, etc., set forth in ARTICLE 9 and 18 of this MOU.
Administrative Cash Outs do not include pay for one-time expenses or payments, including but not limited to uniform pay, medical in lieu pay, medical overages, etc.
11.5 Unused Administrative Leave shall be paid upon termination.
11.6 The City understands that management personnel may be required to work outside the office and therefore beyond standard office hours.
Article XII.
457 DEFERRED COMPENSATION PLAN
12.1 The City agrees to match Employee's contribution to their 457 Deferred Compensation Plan up to $90 per month. The City match is only available for one (1) Deferred Compensation Plan even if employees are enrolled in more than one (1) Plan. Employees must commit to maintaining their 457 contributions for one full year.
Article XIII.
SICK LEAVE
13.1 Sick leave is available to an employee to use in case of illness, bodily injury, exposure to a contagious disease, medical or dental appointment or attendance upon seriously ill member of employee's immediate family, as defined by these rules. An employee may take paid sick leave after the first month of employment. Every effort by the employee shall be made to schedule appointments during non-work hours.
13.2 Sick leave with pay shall be granted to all Employees. Sick leave shall be accumulated at the rate of one (1) day per calendar month of service, not to exceed a total accumulation of two hundred forty (240) days. An employee with 20 years’ service to the City will be allowed unlimited sick leave accrual above the 240-day cap only for the exclusive purpose of converting to pre-paid health insurance after retirement.
13.3 Family Leave: Family Leave shall be administered in accordance with applicable State and Federal Law.
13.4 Bereavement Leave: In the event of a death in the immediate family, the Employee may take off up to five (5) days. The immediate family shall be defined as husband, wife, child, stepchild, mother, father, brother, sister, in-laws, grandparents and grandchildren. Such leave Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
shall not be charged to sick leave. Bereavement leave must be taken within two months following the death of the immediate family member. Leave shall be taken in full day increments.
13.5 Employees who have less than thirty-six (36) days of sick leave accumulated may, in lieu of taking vacation, bank said vacation time under sick leave.
13.6 On-The-Job Injuries: When an employee is off work as a result of a valid on-the-job injury sustained in the service of the City, the employee is entitled to use their accrued Sick Leave during the period of disability to make up the difference between their regular pay and the Workers Compensation Temporary Disability Payments. The City shall pay only that amount necessary to make up the difference between the employee's monthly rate and the amount payable to the employee as temporary disability payments from the Worker's Compensation Insurance Plan of the City. To take advantage of this benefit, the employee must forward their temporary disability check to the City.
13.7 The City may require verification of the necessity for sick leave. Such verification may be in the form of a written statement from a doctor or a personal affidavit from the Employee. The City reserves the right to specify which of the two verification procedures will be required in any particular situation. If the City requires verification from a physician, the City shall pay for the cost of such verification to the extent such cost is not reimbursed by the Employee's health insurance.
13.8 If the City determines that an Employee has abused the provisions of the sick leave policy, the Employee shall be subject to disciplinary action.
13.9 Sick Leave Credit Upon Retirement: The Employer agrees to pay fifty percent (50%) of Employee's unused accumulated sick leave upon retirement or death. Upon reduction in force, the City shall pay twenty-five percent (25%) of Employee's unused accumulated sick leave.
13.10 Sick Leave Conversion Upon Retirement: In lieu of a cash out of sick leave, an employee, upon retirement under PERS, may choose as an option to convert a percentage of the dollar value of the sick leave at the employee's current hourly base rate of pay as of the date of retirement, to pay the pre-paid health insurance premium up for a period of time up to age 65 according to the following conversion plan.
Employee’s Years of
Service with City
Percentage Value of Employee’s
Accrued Sick Leave
Through 15 Years 50%
16 Through 19 Years 70%
20 Or More Years 80%
A. Following is the procedure to account for the percentage value of converted sick leave. At the written request of the retiring employee, the City Staff will compute the dollar value of the accrued sick leave according to the percentages shown above and maintain an Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
accounting in the employee's name deducting the amount of monthly City Health Insurance Premium from the "balance".
B. The value of sick leave does not accrue in a cash fund for each employee; therefore, no actual funds are held in trust. The City simply agrees to pay the retiree's premium for a period of time until the balance value of the conversion is depleted.
C. Should a retired employee want to stop their insurance premium payments under the Section, the employee must notify the City Manager in writing, giving the date payments should end, and City Staff will do an accounting of the percent (50%) value provided for in the sick leave payoff provisions of this MOU and the actual dollar amount already paid out. Should this amount still be less than the fifty percent provided for in Section 17.2, the balance will be paid to the employee.
D. Should a retired employee die prior to fully using this benefit, any dependents covered under the health insurance may, if permitted to continue insurance coverage by the insurance carrier, receive the continuation of this benefit until fully expended. The benefit shall have no cash value to the employee's estate, nor can the City accept any claim for payoff by heirs.
E. Employees not choosing to remain in the City's offered health plan may utilize the benefits set out in these sections to be applied to the cost of a private health plan. The retired employee will be reimbursed, on a quarter year basis, such amounts as provided in these sections, upon submission of a written claim and proof of a paid premium by the retired employee. The form, manner of claim and proof, will be as prescribed by the City Article XIV.
UNIFORM AND CELL PHONE ALLOWANCE
14.1 The City agrees to furnish, at no cost to the Employees, necessary foul weather gear and safety items required and determined by the City. In addition, thereto, the Employer may furnish —two (2) coveralls per week to each Employee desiring coveralls. Upon City determination, the City agrees to provide either short or long sleeve safety shirts, rubber boots, safety boots and gloves
14.2 The City shall provide a Uniform Allowance of $900 per year to the Police Chief and $300 per year for the Fire Chief paid in 26 equal installments over the year.
14.3 The City shall furnish all members of this bargaining unit assigned to work in Public Works the following:
A. Five (5) long- or short-sleeved shirts each year.
B. Reimbursement of up to $40 per pair, for up to five (5) pairs of dark blue jeans upon proof of purchase.
C. City to replace clothing damaged on the job that cannot be repaired. Shirts or pants that are damaged on the job refer to those that are ripped or torn and cannot be mended D. One reflective class 2 zipper front with hood sweatshirt each year.
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
14.4 Employees who use their personal cellular phone for work related activity will be reimbursed at the rate of $45 per month.
Article XV.
HOLIDAYS AND HOLIDAY PAY
15.1 Employees shall receive the following scheduled twelve (12) holidays off with pay:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Post-Thanksgiving Day
Christmas Eve Day
Christmas Day
15.2 An Employee who is regularly scheduled to work on a holiday shall be granted a day off at a time mutually agreeable to the Employee and the Employer.
15.3 If a holiday falls on an Employee's day off, the Employer shall compensate the Employee by either eight (8) hours compensatory time off, or eight (8) hours straighttime pay, at the Employee's option.
15.4 The Veteran's Day Holiday which falls in November will be celebrated on the nearest Monday or Friday, which will create a three-day weekend. The Christmas Eve holiday will be celebrated either on Christmas Eve or the day after Christmas, whichever will create a four-day weekend.
15.5 In addition to the scheduled holidays above, Employees shall be credited 16 hours of floating holidays on January 1 and July 1 of each year. Floating holidays shall be taken at a time and manner mutually agreed to by the employee and their Supervisor.
Article XVI.
RETIREMENT
For Management Employees, the City provides retirement benefits under a contract with the California Public Employees Retirement System (PERS) as follows:
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
16.1 The City confirms that all current PERS Tier 1 Fire and Police Safety Members are in the 3% at 50 Retirement Formula with single highest year salary retirement formula and:
The City and City of Corning Tier 1 Police Safety Members in the Management Bargaining Unit agree the total employee share of retirement costs shall be 9%.
16.2 The City confirms that all current PERS Tier 1 Miscellaneous Members are in the 2% at 55 Retirement Formula with single highest year salary retirement formula and:
The City and City of Corning Tier 1 Miscellaneous Members agree the total employee share of retirement costs shall be 7%.
16.3 The City confirms that all PERS Tier Il Fire and Police Safety Members are in the 3% @ 55 Formula with three (3) year average salary retirement formula and:
The City and City of Corning Tier Il Fire and Police Safety Bargaining Unit Members agree the total employee share of retirement costs shall be 9%.
16.4 The City confirms that all current PERS Tier Il Miscellaneous Members are in the 2% at 60 Retirement Formula and:
The City and City of Corning Tier Il Miscellaneous Members agree the total employee share of retirement costs shall be 7%.
16.5 Employees hired on or after January 1, 2013, who are not eligible for reciprocity or are not current CalPERS members without a break in service greater than six (6) months, shall participate in legislatively mandated CalPERS contributions and retirement benefit formula plans established by Assembly Bill 340, the "Public Employees' Pension Reform Act of 2013". This legislation is administered/interpreted by the California Public Employees Retirement System (CalPERS). New employee members shall have the following retirement benefit formula and contribution rate:
For PERS Police and Fire Safety Members 2.7%@57, 3-year final compensation as defined by CalPERS. The Member contribution rate is up to 13.75%. (Currently 13.75%.) For PERS Miscellaneous Members 2.0%@62, 3-year final compensation as defined by CalPERS. The Member contribution rate is up to 7.75%. (Currently 7.75%.) The member contribution rate must comply with Section 7522.30 of the California Government Code. CalPERS may change this rate following actuarial review during the term of the MOU.
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
The City agrees that the retirement tier changes in 16.3, 16.4 and 16.5 will not affect employees hired prior to January 1, 2012.
In the event the Legislature modifies the Cal PERS employee/employer contribution rates, the City and Union agree to meet within fifteen days and discuss; provided, however, that this provision shall not be considered a contract reopener; and further provided that this contract provision shall not be used by the City in any action or proceeding to interpret this contract.
Article XVII.
VACATION
17.1 Employees shall earn vacation according to the following:
A. Employees shall earn vacation with pay at the rate of one hundred twenty (120) hours per year (4.62 hours per pay period) during the first seven (7) years of City employment.
B. Employees shall earn vacation with pay at the rate of one hundred sixty (160) hours per year (6.15 hours per pay period) after completion of seven (7) years of City employment.
C. Employees shall earn vacation with pay at the rate of two hundred (200) hours per year (7.69 hours per pay period) after twelve (12) years of City employment.
D. The maximum number of vacation hours Employees may carry over or have in a vacation account at the start of each new calendar year is two hundred (200) hours.
E. Employees who have more than two hundred (200) hours in their vacation account will have the excess vacation time paid off at the close of each calendar year.
17.2 The Employee shall have the option of converting up to fifty percent (50%) of unpaid accumulated vacation to cash payment in lieu of taking vacation. Employees may exercise the payoff option only one (1) time per fiscal year with five (5) working days' notice to payroll.
Vacation Cash Outs include increases for SPECIALTY PAY i.e. Educational incentives, Longevity, Bilingual, etc., set forth in ARTICLE 9 and 18 of this MOU. Vacation Cash Out does not include pay for one-time expenses or payments, including but not limited to uniform pay, medical in lieu pay, medical overages, etc.
Article XVIII.
PROBATION PERIOD AND EVALUATION
18.1 All Employee evaluations should be made by the City Manager or the Employee's Department Head when applicable. The City reserves the right to conduct formal evaluation summaries every six (6) months. Nothing contained herein should be construed to limit the Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
right of the City to continually monitor and assess Employee performance and provide feedback to the Employee regarding the Employee's performance.
18.2 All new, promoted, and reclassified Employees are on probation for six (6) months except Safety Employees who shall serve a one (1) year probation period. Current City Employees accepting a promotion to a higher classification retain the right to return to their former classification if the City determines they are unable to satisfy the requirements of the new classification.
18.3 Management employees will be eligible for performance incentive pay increase under the following conditions:
A. An annual performance evaluation will be required to receive and maintain a performance pay increase.
B. The performance evaluation will be conducted thirty (30) days before the Employee's anniversary date, by the City Manager each year.
C. If the annual performance evaluation is not completed timely, the employee shall automatically advance to the next step upon their next eligible anniversary date.
D. Time spent in a non-paid status will not be counted towards an employee's seniority.
When an employee takes unpaid leave, only the unpaid hours off work will remain uncounted toward seniority.
18.4 Approved employees will receive a longevity incentive pay increase to be added to their base salary rate as follows:
A. 4% after 10 years, effective first full pay period after anniversary date of hire.
B. 7% after 15 years, effective first full pay period after anniversary date of hire, (not to be compounded with 4%).
Article XIX.
SAVINGS CLAUSE
19.1 If any Article section, subsection, paragraph, sentence, clause or phrase of this Memorandum of Understanding shall, for any reason, be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portion of the Memorandum, it being expressly provided that this Memorandum and each Article section, subsection, paragraph, sentence, clause or phrase hereof would have been adopted irrespective of the fact that any one or more articles, sections, subsections, paragraphs, sentences, clauses or phrases shall be declared invalid or unconstitutional.
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
Article XX.
TERM OF AGREEMENT
20.1 This Memorandum of Understanding shall be effective January 1, 2026, upon adoption by the City Council of the City of Corning and shall remain in effect until June 30, 2027.
20.2 20.2 This Memorandum of Understanding may be extended by mutual agreement of the parties if additional time is required to consummate a new Memorandum.
Article XXI.
TAKE-HOME VEHICLES
21.1 City agrees to allow the Police Chief and Fire Chief to take-home vehicles within a fifteen mile radius of City Hall.
Article XXII.
CHECKOFF
22.1 Dues and other Union-Sponsored Benefit Program Deductions:
A. The employer shall honor an employee's check-off authorization for dues, or other Union-sponsored program, which are submitted in writing, through electronically recorded phone calls, via online deduction authorization, or by any means of indicating agreement allowable under state and federal law, regardless of whether the employee is a member of the Union.
B. Deductions for dues or other Union-sponsored program shall start the pay period after the employer receives notification of the authorization. The employer may transmit such payment to the Union through electronic funds transfer (EFT). However, transfer of funds shall not be later than thirty (30) days after the deduction from the employee's earnings occurs.
C. Employee requests to authorize dues/other deduction(s), or request to change status regarding such deductions, shall be directed to the Union rather than the employer. The employer shall rely on the Union's explanations in a certified list, submitted by a representative of the Union who has authority to bind the Union, regarding whether an authorization/change in deduction(s) has been requested by the employee.
D. The Union shall not be required to provide the employer a copy of the employee's authorization unless a dispute arises about the existence or terms of the authorization.
E. The Union shall indemnify the employer for any claims made regarding such deductions.
F. Violations of this Section of the MOU are grieveable.
22.2 Data Pertaining to Deductions:
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
Upon request from the Union, the Employer shall produce to Operating Engineers’ Local Union No. 3, a malleable electronic file containing the following information:
A. Full Name (first, middle, last, suffix)
B. Employee Number
C. Job Classification
D. Job Type (full-time, part-time, per diem, as needed) E. Bargaining Unit
F. Hours worked in the preceding payroll period, which are the basis for the dues deduction.
G. Pay Step
H. Pay Rate
I. Department
J. Division (sub code of the department)
22.3 Regular Receipt of Bargaining Lists:
It shall be the City of Corning's responsibility, once notified by Operating Engineers Local Union No. 3, to provide a list of all current employees covered by this Agreement, which shall include each employee's name, home address, home and cell phone numbers, personal and work e-mail addresses, work locations, department, employee identification number, hourly rate of pay, hours worked and gross pay. This list will include all employees newly hired, rehired, reinstated, transferred into or out of the bargaining unit, transferred between departments, promoted, reclassified, downgraded, placed on leaves of absence of any type including disability, placed on or recalled from layoff, separated (including retirement), added or deleted from preceding bi-monthly period.
22.4 Protect Contract Biographical and/or Demographic Information of Unit members from Third Parties:
In order to protect bargaining unit employees from harassment or invasion of privacy, the employer shall immediately notify the Union of any third-party request for contact, biographical and/or demographic information about the bargaining unit employees. The employer shall promptly provide the Union a copy of the request and any materials submitted with the request. The employer shall provide the Union at least ten (10) days to review the request and challenge the scope of the request prior to the employer responding to the request. The employer agrees to consider the Union's response prior to disclosing to the third party any contact, biographical, and/or demographic information about the bargaining unit employees.
The employer agrees that it will not create a report for a non-exclusive representative requester that does not already exist. If the employer is required by law to furnish a nonexclusive representative requester with a report, it agrees not to provide it in a malleable electronic format.
Item J-6
THE CITY OF CORNING IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER
The employer shall not permit a non-exclusive representative to access bargaining unit members during working hours or in work areas.
The employer agrees that non-exclusive representatives are prohibited from soliciting bargaining unit members on the employer's property.
The employer agrees to adopt further safeguards against harassment of invasion of privacy by non-exclusive representatives, including but not limited to establishing filters in the employer's email system to block emails from non-exclusive representatives.
22.5 Employee Opt-Out:
Notwithstanding Sections 22.1, 22.2, 22.3 and 22.4, and limited to the express purpose of Assembly Bill 119 requirements only, an employee may opt out via written request, initiated by the employee, to the City (copy to the Union) to direct the City to withhold the disclosure of the employee's home and personal cellular telephone numbers, personal email addresses on file with the employer, and home address.
IN WITNESS WEHREOF, the parties hereto have executed this Memorandum of Understanding this January ____, 2026.
CITY OF CORNING: UNION:
___________________________________ _________________________________ Brant Mesker Craig Bassett / Tom Tomlinson
City Manager Union Representative
___________________________________ _________________________________ Sophia R. Meyer, Art Frolli, Operating Engineers Local 3 Sophia R. Meyer Law, P.C. Business Representative
Negotiator
___________________________________
Rubi Ordaz
City Clerk
Item J-6
ALL CLASSIFICATIONS STEP A STEP B STEP C STEP D STEP E
CITY MANAGER (Unrepresented) 11076 11659 12273 12918 13598
MANAGEMENT UNIT
POLICE CHIEF 9497 9997 10523 11077 11660
PUBLIC WORKS DIRECTOR 9416 9912 10434 10983 11561
FIRE CHIEF 8818 9282 9770 10285 10826
PLANNING DIRECTOR 8133 8561 9012 9486 9986
BUILDING OFFICIAL 7346 7733 8140 8568 9019
ASST. FINANCE DIRECTOR 7258 7621 8002 8402 8822
ASST. PUBLIC WORKS DIRECTOR 6413 6750 7105 7479 7873
ACCOUNTING MANAGER 6034 6352 6686 7038 7408
ADMINISTRATIVE SERVICES MANAGER 5910 6203 6510 6834 7175
CITY OF CORNING
MONTHLY SALARY SCHEDULE
Effective: January 4, 2026 - MANAGEMENT ONLY
Exhibit A
Effective: 1st Pay-period January 2025
Salary Schedule all Employees
Item J-6
ALL CLASSIFICATIONS STEP A STEP B STEP C STEP D STEP E
CITY MANAGER (Unrepresented) 63.90 67.26 70.80 74.53 78.45
MANAGEMENT UNIT
POLICE CHIEF 54.79 57.67 60.71 63.90 67.27
PUBLIC WORKS DIRECTOR 54.32 57.18 60.19 63.36 66.70
FIRE CHIEF 50.87 53.55 56.37 59.33 62.46
PLANNING DIRECTOR 46.92 49.39 51.99 54.73 57.61
BUILDING OFFICIAL 42.38 44.61 46.96 49.43 52.03
ASST. FINANCE DIRECTOR 41.87 43.97 46.17 48.48 50.90
ASST. PUBLIC WORKS DIRECTOR 37.00 38.94 40.99 43.15 45.42 ACCOUNTING MANAGER 34.81 36.64 38.57 40.60 42.74
ADMINISTRATIVE SERVICES MANAGER/CITY CLERK 34.10 35.78 37.56 39.43 41.39
CITY OF CORNING
HOURLY SALARY SCHEDULE
Effective: January 4, 2026 - MANAGEMENT ONLY
Exhibit A
Effective: 1st Pay-period January 2025
Salary Schedule all Employees
Item J-6
ITEM NO.: J-7
APPROVE TASK ORDER NO. 11 UNDER
ENGINEERING CONTRACT 2018-07 FOR THE
SANITARY SEWER FORCE MAIN REPAIR
AND CREEK DEBRIS MITIGATION IN THE
AMOUNT OF $86,195.00 TO NORTHSTAR
ENGINEERING
JANUARY 27, 2026
TO: HONORABLE MAYOR AND COUNCILMEMBERS
FROM: BRANT MESKER, CITY MANAGER
ELIJAH STANLEY, PUBLIC WORKS DIRECTOR
SUMMARY:
Staff requests Council approve Task Order “11” (TO-11) for NorthStar Engineering to provide Professional Services for City Engineer/Surveyor services for the Sanitary Sewer Force Main Repair and Creek Debris Mitigation at Burch Creek under Engineering Services Agreement 2018-07. These services would include:
• Project Management: NorthStar will provide Project Administration and Overhead, Project Coordination, and Quality Assurance/Quality Control. • Topographic Survey: NorthStar will conduct a topographic survey utilizing a SLAM based mobile laser scanner and prepare a topographic map suitable for use as the base map for the design of the proposed improvements.
• Environmental Review: Area West Environmental, Inc. (AWE) will be handling the Environmental Review roll The Burch Creek Sanitary Sewer Force Main Replacement Project as Northstar’s Consultant. Northstar will oversee all work being performed by AWE and will provide assistance as needed.
• Design: NorthStar will provide Civil Design with 60% Plans, Final Design and Contract Documents.
• Bidding: NorthStar will aid the City during the construction bidding and awarding process. Specifically, NorthStar will attend a pre-bid meeting with the prospective contractors and provide technical support to the City by answering and documenting questions from potential bidders and staff.
• Construction Support: The City of Corning will be providing their own construction management and NorthStar anticipates playing a supporting role to the City. Task Order No. 11 is attached for Council review.
• Record Drawings: NorthStar will develop complete As-Built drawings for the City of Corning following the conclusion of the project. As-Built drawings shall include any changes to the plans during construction and shall be signed by the engineer of record prior to submittal to the city.
BACKGROUND:
In 2023, the City received a FEMA grant following flooding at the HWY 99W bridge over Burch Creek, where rising waters caused debris to impact the sanitary sewer force main.
The Birch Creek Sanitary Sewer Force Main Replacement Project involves designing a new force main from the existing manhole at Loleta Ave to the manhole on the south side of the bridge (see Exhibit A). The current force main sits ten inches below the bridge deck, and debris accumulation during major storms has caused damage. Heavy rain events have also increased sediment deposition under the bridge, flow velocities, and scouring at the footings. NorthStar Engineering will prepare a mitigation plan to restore the creek bed and bridge underpass to full function within 150 feet of the bridge.
On July 11, 2018, the City Council awarded Contract 2018-07 for City Engineering Services to NorthStar Engineering. The proposed services fall within this contract and can be issued as a Task Order.
FUNDING:
During the 2025/2026 FY budgeting process, staff allocated $296,287.00 for the project, which has already been received by the City through the FEMA grant awarded in 2023 for flood mitigation and infrastructure protection. No additional funding is required from the General Fund. 611-5250-8103 Burch Creek Main. – Sewer Improvements $685,000 RECOMMENDATION:
Mayor and Council:
• Approve Task Order “11” to Northstar Engineering in the amount of $86,195.00 for professional services for engineering/survey services under Engineering Services Contract 2018-07; and,
• Authorize the City Manager to sign the Task Order.
TASK ORDER #11
SCOPE OF WORK
BIRCH CREEK SANITARY SEWER FORCE MAIN REPLACEMENT PROJECT
SERVICES PROVIDED
NorthStar has prepared the following scope of services to develop the project design and subsequent construction bid documents that best support the successful implementation of this project. This scope is based on our understanding of the project at the time of this proposal, a recent site visit, and the Design Team’s collective experience with similar improvement projects.
We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.
PROJECT DESCRIPTION
The scope of work for the Birch Creek Sanitary Sewer Force Main Replacement Project consists of designing the replacement force main between the existing manhole at Loleta Ave to next the existing manhole on the South side of the Birch Creek Bridge, see Exhibit A. The existing force main is mounted then (10) inches below the bottom of the bridge deck and in large storm events debris builds up between the force main and bridge deck causing damage. Additionally, Birch Creek has experienced excessive sediment transport during heavy rain events which has led to the deposit of sediment under the bridge, increased flow velocities and scouring along bridge footings. Northstar will prepare a mitigation plan that will return the creek bed within 150 feet of the bridge and the bridge under passing to full function.
Task 11.A Project Management
NorthStar will perform the various services and activities associated with management of the contract. Diligent contract management is a critical component in successfully managing public funds.
PROJECT ADMINISTRATION AND OVERHEAD
Project Administration and Overhead includes front office and project administration including but not limited to, contract management, managing insurance policies, packaging, mailing and deliveries, billing, Ajera billing software setup, certified payroll invoicing, etc.
PROJECT COORDINATION
Explicit and thorough communication with the City is vital to the success of any project, and as such the NorthStar design team segregates this as a separate scope and budget component to acknowledge and account for this element during the life of the project development. To effectively manage the project NorthStar anticipates regular meetings for the duration of the project with the City to review project progress and activities.
QUALITY ASSURANCE / QUALITY CONTROL
NorthStar’s approach to quality assurance and control program has been developed over the course of performing engineering consulting services for a variety of clients and complex projects Exhibit A
over the past 40 years. Two primary methods for consistently delivering a quality product on-time and within budget; internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables.
Task 11.B Topographic Survey
NorthStar will conduct a topographic survey utilizing a SLAM based mobile laser scanner and prepare a topographic map suitable for use as the base map for the design of the proposed improvements. The topographic survey area will be as shown on the attached Exhibit “A”. The topographic survey shall include: all existing site improvements, hardscape features, topographic features, trees larger than 5” in diameters a breast height, surface utilities, fence lines, and roadway improvements.
Utilities will be plotted on the topographic map based upon the utility system maps, as-built drawings and surface locations of utility facilities. Storm drain and sewer inverts will be obtained at the inlets and manholes fronting the site.
DELIVERABLES:
• Topographic base map in an AutoCAD Civil 3D 2018 drawing file format • Signed PDF copy of the topographic survey
Task 11.C Environmental Review
Area West Environmental, Inc. (AWE) will be handling the Environmental Review roll The Birch Creek Sanitary Sewer Force Main Replacement Project as Northstar’s Consultant. Northstar will oversee all work being performed by AWE and will provide assistance as needed.
Biological Resources
AWE will gather information, conduct a field survey, analyze collected data and prepare a Biological Resources Report that summarizes the results of any research, field surveys and analyses. This report will be used to support all permit applications required for this project.
Permitting
AWE will prepare a Water Quality Certification (WQC) 401 application to be submitted to the Regional Water Quality Control Board (RWQCB). AWE will additionally prepare a Notification of Streambed Alteration permit application to be submitted to the California Department of Fish and Wildlife (CDFW). These permits will need to be approved before construction can start.
California Environmental Quality Act (CEQA) Categorical Exemption Assistance
This project appears to qualify for a CEQA Categorical Exemption due to this project replacing existing facilities. AWE will prepare a Notice of Exemption (NOE) to be signed by the City and filed with the Tehama County Clerk-Recorder-Assessor office and the State Clearinghouse. A copy of the NOE will be submitted with the required construction permits as well.
Exhibit A
Task 11.D Design
Civil Design: 60% Plans
The 60% design package serves multiple functions is the design process such as identifying and resolving site specific prospective challenges. Utilizing this phase of development for problem solving and iterative design prevents unnecessary expenditure of resources on an errant design trajectory.
This task is intended to perform the bulk of the design effort, and will include developing the bid item list, quantities, engineers estimate, and special (technical) specifications. The project plans will include label detailing, notes, and design refinements to support implementation of the project by any contractor.
DELIVERABLES:
• 60% Complete Civil Design
• Engineers Estimate
• Technical specifications
Final Design and Contract Documents
After receiving comments from City of Corning on the 60% level of design, the Contract and Construction Documents will be refined to address applicable comments and best support constructability of the project.
DELIVERABLES:
• One digital copy set of the project Technical Specifications, Bid Quantity List and Engineers Estimate.
• One set of 100% hard copy and digital copy of (24x36) construction documents Task 11.E Bidding
NorthStar will aid the City during the construction bidding and awarding process. Specifically, NorthStar will attend a pre-bid meeting with the prospective contractors and provide technical support to the City by answering and documenting questions from potential bidders and staff.
NorthStar will also provide written responses to contractor requests for information (RFI’s) during the bidding process and draft addendums as applicable.
NorthStar will coordinate and assist the Client with the following:
• Pre-bid Meeting
• Answer any questions from contractors and/or bidders
• Responses to questions will be provided via phone and/or email to the city. A formal response to any questions asked will be done with and addendum that will be released to all bidders
Exhibit A
Task 11.F Construction Support
The City of Corning will be providing their own construction management and NorthStar anticipates playing a supporting role to the City. This means being available for the following tasks including but not limited to:
• Project Meetings on an as-needed basis
• Change orders and revisions
• Requests for information and submittal support
• Final inspection
• Document management support
• Punch list and project closeout
Tasks that can be provided at an additional cost:
• Inspection
• Material Testing
Task 11.G Record Drawings
NorthStar will develop complete As-Built drawings for the City of Corning following the conclusion of the project. As-Built drawings shall include any changes to the plans during construction and shall be signed by the engineer of record prior to submittal to the city.
PROJECT EXCLUSIONS
• Boundary Survey
• Soils Report/ Investigation
• Construction Staking can be provided for an additional cost • Utility Improvements
• Construction inspection
Exhibit A
EXHIBIT “B”
COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 86,195.00 Task A: Project Management $ 5,235
Task B: Topographic Survey $13,865
Task C: Environmental Review $ 44,000
Task D: Design $ 14,290
Task E: Bidding $ 4,785
Task F: Construction Support $2,750
Task G: Record Drawings $1,270
Exhibit A
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.
CLIENT:CLIENT:
BY: BY:
TITLE: TITLE:
SIGNED: SIGNED:
DATE: DATE:
CONSULTANT: CONSULTANT:
BY: Robin Kampmann BY: Mekena K. Galka
TITLE: Department Manager TITLE: Associate Engineer
LICENSE NO. RCE 73943 LICENSE NO. RCE 94638
SIGNED: SIGNED:
DATE: DATE:
Exhibit A
EXHIBIT B
STANDARD HOURLY RATES
Effective July 1, 2025 through June 30, 2026*
Engineering Hourly Rate
Principal Engineer $260
Senior Managing Engineer $235
Senior Engineer $210
Associate Engineer $185
Assistant Engineer $160
Junior Engineer $135
Senior Technician $155
Associate Technician $130
Assistant Technician/Intern $105
Surveying
Principal Surveyor $260
Senior Managing Surveyor $235
Senior Surveyor $210
Associate Surveyor $185
Assistant Surveyor $160
Senior Survey Technician $155
Associate Survey Technician $130
Assistant Survey Technician $105
One Person Survey $200
Two Person Survey Crew $295
One Person Survey (Prevailing Wage) $235
Two Person Survey Crew (Prevailing Wage) $375
One Person with Scanner $725
One Person with Scanner (Prevailing Wage) $760
Planning Hourly Rate
Principal Planner $190
Administrative Hourly Rate
Project Management $180
Administrative $100
Other Rate
Litigation Support – Expert Witness Testimony $500 per hour Mileage Current Federal
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Rate Subcontractors Cost + 15%
*Rates typically increase 4-5% per year
Exhibit A
Exhibit A: Project Extents
Exhibit A
Exhibit A