Agenda — Farmersville City Council, April 11, 2022

Farmersville City Council
Paul Boyer, Mayor Regular Meeting
Tina Hernandez Mayor Pro Tem
Gregorio Gomez, Council Member Monday, April 11, 2022 6:00 PM Ruben Macareno, Council Member Meeting held in Civic Center Council Chambers Danny Valdovinos, Council Member - 909 W. Visalia Road Farmersville, California Pursuant to AB 361, the City of Farmersville will be allowing the public, staff, and City Council to attend this meeting via Zoom.

Please dial 1-669-900-6833
Meeting ID: 83333281314
Password: 640478
Call to Order:

2. Roll Call:

Invocation:

4. Pledge of Allegiance:

5. Public Comment:

Provides an opportunity for members of the public to address the City Council on items of interest to the public within the Council's jurisdiction and which are not already on the agenda this evening. It is the policy of the Council not to answer questions impromptu. Concerns or complaints will be referred to the City Manager's office. Speakers should limit their comments to not more than two (2) minutes. No more than twenty (20) total minutes will be allowed for Public Comment. For items which are on the agenda this evening, members of the public will be provided an opportunity to address the council as each item is brought up for discussion. Comments are to be addressed to the Council as a body and not to any individual Council Member.

Presentations:

Consent Agenda:

Under a CONSENT AGENDA category, a recommended course of action for each item is made. Any Council Member or Member of the Public may remove any item from the CONSENT AGENDA in order to discuss and/or change the recommended course of action, and the Council can approve the remainder of the CONSENT AGENDA.

A. Minutes of Regular City Council Meeting of March 28, 2022.

Recommend approval of minutes.

Documents: Draft Action Minutes of March 28, 2022

8. General Business
A. Update to the City Contract with Mid Valley Disposal for Solid Waste Services
Recommend that the City Council approve the new agreement with Mid Valley Disposal for Solid Waste Services within the City.

Documents: Proposed Revised Agreement
B. Review and provide direction regarding City Logo designs Recommend that the City Council provide direction on City Logo options and a public survey.

Documents: City Logo Artwork Options
Review of March 20, 2020, Local Emergency Declaration & AB 361 and Teleconferenced Meetings
Recommend that the City Council review the March 20, 2020, Local Emergency Declaration as previously adopted by Resolution 2020-010 and Urgency Ordinance 501; and review AB 361 related to teleconference meetings.

Documents: Resolution 2020-010
Urgency Ordinance 501
AB 361
D. Authorization to advertise Farmersville Community Park Phase 4 - Freedom Field project for bidding purposes
Recommend that the City Council authorize staff to advertise the Farmersville Community Park Phase 4 - Freedom Field project for bidding purposes.

Council Reports
A. City Council Updates and Committee Reports

10. Staff Communications:

11. Future Agenda Items

1. Review State and City regulations regarding street vendors

12. Adjournment:

NOTICE TO PUBLIC
The City of Farmersville Civic Center and City Council Chambers comply with the provisions of the Americans with Disabilities Act (ADA). Anyone needing special assistance please contact City Hall at (559) 747-0458 please allow at least six (6) hours prior to the meeting so that staff may make arrangements to accommodate you.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City's offices during normal business hours.

Drafted by: J. Gomez
Strong Roots.... Growing Possibilities

CITY OF
Farmersville City Council
Regular Meeting
Paul Boyer, Mayor
Tina Hernandez, Mayor Pro Tem
Gregorio Gomez, Council Member Monday, March 28, 2022 6:00 PM Ruben Macareno, Council Member Meeting held in Civic Center Council Chambers Danny Valdovinos, Council Member - 909 W. Visalia Road Farmersville, California Pursuant to AB 361, the City of Farmersville will be allowing the public, staff, and City Council to attend this meeting via Zoom.

Please dial 1-669-900-6833
Meeting ID: 84209194362
Password: 446992
Call to Order: 6:00pm
Roll Call:

Attendee Name Title Status Arrived
Paul Boyer Mayor Present 6:00 pm
Tina Hernandez Mayor Pro Tem Present 6:00 pm
Greg Gomez Council Member Present 6:00 pm
Danny Valdovinos Council Member Present 6:00 pm
Ruben Macareno Council Member Present 6:00 pm

3. Invocation: Council Member Danny Valdovinos

4. Pledge of Allegiance: Mayor Pro Tem Tina Hernandez

5. Public Comment:

Larry Micari, District One Tulare County Board of Supervisors introduced himself to City Council and expressed his interest in having an open dialogue with the Council to work towards common goals.

6. Presentations: No presentations given.

7. Consent Agenda:

Recommend approval of minutes.

Documents: Draft Action Minutes of March 14, 2022
B. Finance Update for February 2022: Warrant Register and Investment Summary
Recommend that the City Council:

1. Approve the Warrant Register as presented for the period. This reporting period represents warrants issued for the current Fiscal Year (2021/2022);

2. Accept the Investment Summary as presented for the period. This reporting period represents investment summary for the previous month.

Documents: February 2022 Warrant Register
Investment Summary February 2022
Letter of Support for Kaweah Delta Water Conservation District Grant Application
Recommend that the City Council authorize the Mayor to submit a letter of support for Kaweah Delta Water Conservation District's grant application.

Documents: Letter of Support
D. Request by Applicant for Special Event Funding for Fiscal Year 2021-22
Recommend that the City Council review and approve a request from Farmersville Elite Soccer Club for $1,450 in financial assistance.

Documents: Event Funding Application
Mayor Boyer abstained from item B.

Motion to approve as presented. •
RESULT: APPROVED (UNANIMOUS)
MOVER: Greg Gomez, Council Member
SECONDER: Ruben Macareno, Council Member
AYES: Boyer, Hernandez, Gomez, Valdovinos, Macareno
NOES: None
ABSTAIN: Mayor Boyer abstained from Item B
ABSENT: None
General Business
A. Public Hearing: Adoption of new Commercial Refuse Service Fees by Resolution 2022-003
Recommend that the City Council hold a public hearing to consider adoption of new, updated commercial refuse service fees by Resolution 2022-003 in compliance with Proposition 218.

Documents: Resolution 2022-003
Steve Huntley, Director of Finance and Administration gave presentation regarding the adoption of new Commercial Refuse Services Fees.

Mayor Pro Tem Hernandez opened public hearing at 6:08 pm, and with no comments given closed public hearing at 6:08 pm.

Motion to approve as presented.

RESULT: APPROVED (UNANIMOUS)
MOVER: Greg Gomez, Council Member
SECONDER: Danny Valdovinos, Council Member
AYES: Boyer, Hernandez, Gomez, Valdovinos, Macareno
NOES: None
ABSTAIN: None
ABSENT: None
B. City of Farmersville's Five-Year Capital Improvement Plan Covering Fiscal Year 2022-2023 to Fiscal Year 2026-2027
Recommend that the City Council review and provide direction to City staff regarding the City of Farmersville's Five-Year Capital Improvement Plan (CIP) covering Fiscal Year 2022-2023 to Fiscal Year 2026-2027 (FY 2023 - FY 2027).

Documents: Proposed Five Year CIP Presentation
Strategic Plan 2021-2023
Parks Strategic Plan 2022-2025
Steve Huntley, Director of Finance and Administration, presented the City of Farmersville's Five-Year Capital Improvement Plan Covering Fiscal Year 2022-2023 to the Fiscal Year 2026-27. Mr. Huntley showed CIP and Capital Budget requests by Department and funding sources.

Mayor Boyer suggested replacing the administrative vehicle planned for FY 2023-24 with an electric vehicle in the Administration & Finance Department.

City Manager Gomez informed Council she is working on creating a multi-jurisdictional Housing Element update within the Planning Department to reduce overall costs.

Mayor Boyer wants to see Soccer Field improvements, Booster Pump & Electric Panel for the Sports Park and adding bleachers to Veterans Park in the Fiscal Year 2022-23.

City Council would like to evaluate and prioritize capital projects based on the City's needs and goals. Statt will assist Council by providing data based on current grant- based obligations and multi-year projects to give the Council more options for rearranging tasks. Council would like to reassess the proposed five-year CIP and Capital Budget meeting on April 25, 2022.

9. Council Reports
A. City Council Updates and Committee Reports
Councilmember Valdovinos attended the City Council Meet & Greet event and was pleased to have connected with many past and current council members from different cities within the county. Also, Councilmember Valdovinos thanked Public Works Director Jeff Dowlen for his department's improvements at Armstrong Park.

Councilmember Gomez informed the Council that the Tulare County Regional Transit Agency meetings will now be held at 6:00 p.m. every third Monday of each month at different communities to improve involvement. Additionally, Councilmember Gomez stated that the Transit Agency successfully secured various funding sources and authorized the purchase of 3 zero-emission transit buses serving Tulare County and the City of Tulare. Lastly, Councilmember Gomez suggested the City hold a press conference to formally thank the Honorable Senator Hurtado for her support in acquiring the City's new fire engine.

Mayor Boyer agreed with Councilmember Gomez regarding a press conference to recognize Senator Hurtado's efforts for supporting the City. Also, Mayor Boyer thanked Public Works Director Jeff Dowlen for his department's improvements to City parks.

Councilmember Macareno also recognized Public Works' efforts in improving parks, and he believes the improvements have helped increase citizens' usage of the parks.

Correspondingly, he would like attention to a grass patch off of Camelia/south of Ash.

He thanked City Manager Jennifer Gomez and Director of Finance and Administration Steve Huntley for their efforts in leading the City positively. Councilmember Macareno is making efforts in forming a Chamber of Commerce and will be holding a meeting on Thursday, March 31, 2022, at 6:00 p.m. at Don Chavas. Lastly, in Selma, he will be attending a Water Education Conference regarding Policy, Practice, and Progress on Saturday, April 2, 2022.

10. Staff Communications:

City Manager Gomez informed Council that the commercial development next to Rite Aid submitted their application, and staff has started their review and approval process.

Tulare County Association of Government and the California Transportation Commission invited council members to attend the Town Hall for the County of Tulare meeting and reception and advised council members to RSVP if interested. Also, QK has applied to the State Water Board to fund Well 3 replacement, and we will find out if funding is possible in a few months. City Manager Gomez has submitted an earmark request to Senator Feinstein and Senator Padilla. Lastly, City Manager Gomez reminded Council that the City submitted an earmark request to Assemblymember Mathis and Senator Hurtado for a fire station, solar project, sports park, and sidewalk improvement. Assemblymember Mathis has accepted all our projects and will be submitting them to the State Budget Committee on our behalf.

Director of Finance and Administration Steve Huntley informed Council that the utility department has made a significant increase in payments plans and will be moving forward with the shut-off policy for delinquent accounts.

Public Works Director Jeff Dowlen informed the Council that the parking improvements are complete in the City's downtown.

City Engineer Kevin Gross informed the Council that he presented the Railroad Grade Separation Feasibility Study to TCAG. He was pleased to notify Council that TCAG is on board with the Study and finds the project valuable. He will next present the Study to the school board.

11. Future Agenda Items

1. Review State and City regulations regarding street vendors

12. Adjournment:

Mayor Pro Tem Hernandez adjourned meeting at 8:25 p.m.

Respectfully submitted,
Betina Ashoori
Deputy City Clerk
Strong Roots..... Growing Possibilíties

CITY OF

LARVELE
City Council
Staff Report 8A
TO: Honorable Mayor and City Council
FROM: Michael Schulte, City Attorney
DATE: April 11, 2022
SUBJECT: Update to the City Contract with Mid Valley Disposal for Solid Waste Services RECOMMENDED ACTION:

The recommendation before City Council is approve the new agreement with Mid Valley Disposal for Solid Waste Services within the City.

BACKGROUND and DISCUSSION:

The City of Farmersville has partnered with Mid Valley Disposal (MVD) for Solid Waste Services ever since they assumed the contract from Sunset Waste in 2014. MVD has been an excellent partner with the City to deal with and in dealing with the residents of the City for the needed services of trash hauling.

Over the years, the assumed contract with MVD (that was originally with Sunset Waste in 2010) has become outdated in areas and less relevant to what is happening currently. A first amendment (2018) to address, among other issues, AB 1826 (organics) was put into place. Then, a second amendment (2021) to address more changes from the State through SB 1383, among other issues, was put into place. The service provided by MVD remains at a very good level and they are more involved in helping the City than ever before. However, this has left the current contract an odd conglomeration of pieces as old as 2010 and as new as 2021.

As a result, City staff and the City Attorney has worked with MVD staff to develop a better contract that will more accurately match what is currently provided and updated to reflect the relevant points in the solid waste services today. The new contract is organized in a fashion that makes more sense, is organized to allow for ease of specific updates if needed in the future, and to better cover the needs of the both parties. This new agreement, partnered with the updates to the Municipal Code recently, will clearly lay out the required law in the Code, distinct yet complementary, to the new agreement which shows the understanding of service expectations.

While the contract is long, it is also meeting compliance with SB 1383 to contain the language required by this new law. The agreement can be easily navigated by section via the table of contents allowing for better understanding and ability to add, remove, or update should the State continue to force more changes on local municipalities like Farmersville in the future.

Staff believes that this new contract, while not significantly changing the term of the contract (through July 1, 2031), or changing the adopted rates by resolution through the Proposition 218 process, does lay out specific requirements as required by law and allows for clear expectations for the parties going forward through this transition perioc of meeting new State law surrounding organics and recycling.

ATTACHMENT(S): 1

1. Proposed Revised agreement with Mid Valley Disposal.

MUNICIPAL SOLID

WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF FARMERSVILLE, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC

TABLE OF CONTENTS
SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES. .... 2 SECTION 2 - DEFINITIONS .... ... 3
SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE RESIDENTIAL AND COMMERCIAL FRANCHISE... 3 SECTION 4 - TERM AND TERMINATION.. .. 5
SECTION 5 - FRANCHISE AREA ......................... ....5 SECTION 6 - SERVICES PROVIDED BY GRANTEE..... .. 5
SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE MATERIALS .. ..8 SECTION 8 - WASTE DELIVERY DESIGNATION... ... 8
SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND.. ...9 SECTION 10 - FAILURE TO PERFORM AND REMEDIES.. ..11
SECTION 11 - FRANCHISE TRANSFER ..14
SECTION 12 - REPORTS.. ..16
SECTION 13 - COMPENSATION ...17
SECTION 14 - FORCE MAJEURE ... ..21
SECTION 15 - OTHER PROVISIONS. ...22
SECTION 16 - SEVERABILITY.. ...24
SECTION 17 - ENTIRE AGREEMENT; AMENDMENT... ...24
SECTION 18 - CONSTRUCTION OF FRANCHISE.. ...24
EXHIBIT "A" - PROVIDED SERVICES ...25
EXHIBIT "B" - SB 1383 COMPLIANCE PROGRAMS ... ....27
EXHIBIT "C" - DEFINITIONS.. .....30
EXHIBIT "D" - FEES.. ..36

MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF FARMERSVILLE, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC
This Franchise Agreement ("Franchise Agreement") is entered into by and between the City of Farmersville ("City") and Mid-Valley Disposal, LLC, a California Limited Liability Company ("Grantee" or "Contractor"), for the collection, transportation and disposal of Solid Waste and for other services as further specified herein in Exhibit "A."

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 ("AB 939"), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction; and
WHEREAS, pursuant to California Public Resources Code Section 40059 (a), the City Council has determined that that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of solid waste from all residential, industrial and commercial premises in the City; and WHEREAS, Grantee has lawfully conducted solid waste handling operations in the City for several years, and has delivered a level of service to its customers commensurate with the highest industry standards. Grantee is well-qualified to continue providing that service; and WHEREAS, the previous agreement and amendments between City and Grantee need to be updated; and
WHEREAS, in consideration of a long term agreement, Grantee has agreed to waive and release City from all prior claims related to the previous agreement; and WHEREAS, in order to comply with the mandates of AB 939, subsequent legislation and regulation, the City must have the ability to direct the flow of Solid Waste within the incorporated City for the purposes of reporting, processing, recovery and disposal; and WHEREAS, the City Council declares its intention of ensuring the delivery of adequate Solid Waste Handling services and of maintaining reasonable Fees for the provision of such handling services within the City;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:

SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES
A. Covenants, Representations and Warranties of Grantee Grantee hereby makes the following covenants, representations and warranties for the benefit of the City as of the date of this Agreement.
(1) Grantee is duly organized and validly existing as a limited liability company in good standing under the laws of the State of California.
(2) Grantee has full legal right, power, and authority to execute, deliver, and perform this Agreement, and has duly authorized the execution and delivery of this Agreement. (3) Each Person signing this Agreement on behalf of Grantee has been authorized by Grantee to do so, and this Agreement has been duly executed and delivered by Grantee, and constitutes a legal, valid and binding obligation of Grantee enforceable against Grantee in accordance with its terms.
(4) To the best of Grantee's knowledge, there is no action, suit, or proceeding before any court or governmental entity against Grantee or affecting Grantee, wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Grantee.
(5) Grantee has sufficient financial resources to perform all aspects of its obligations hereunder. There has been no material adverse change in Grantee's or, if applicable, in Grantee's parent company's, financial circumstances since the date of the most recent financial statements or information, submitted to the City or reviewed by the City at the offices of Grantee.
(6) Grantee has the expert, professional, and technical capability to perform all of its obligations under this Agreement and will maintain the capability at all times during this Agreement's term.
(7) Prior to providing any service authorized by this Agreement, Grantee will have provided to the City Manager the security instrument and certificates of insurance required by the Agreement.
(8) Prior to providing any service authorized by this Agreement, Grantee will have provided to the City Manager reasonably acceptable proof that the Grantee has obtained all necessary permits, authorizations and licenses which are required for furnishing such service.

B. Covenants. Representations and Warranties of the City The City hereby makes the following covenants, representations and warranties to and for the benefit of Grantee as of the date of this Agreement:
(1) The parties executing this Agreement on behalf of the City are duly authorized to do so.

This Agreement constitutes the legal, valid and binding Agreement of the City and is enforceable against the City in accordance with its terms 2 (2) To the best of the City's knowledge without having conducted any research, there is no action, suit, or proceeding against the City before any court or governmental entity wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement.
(3) The City shall reasonably consistent with its governmental duties, cooperate with Grantee in preserving the confidentiality of Grantee's proprietary information, including trade secret information, and preventing its disclosure. It will be the obligation of Grantee to designate what information it deems to be a trade secret or otherwise in need of protection at the time such information is provided to City. No copies of such proprietary information shall be retained by City as public records under California law. Such information may include financial information that concerns activities or aspects of the Grantee's business that are unrelated to any work performed for the City, and any other information from which the identity of any account, customer, vendor, buyer, supplier, end user, or other source or transferee of recyclable material may be reasonably ascertained, such as name, address, or other identifying information. Grantee shall defend and indemnify City, elected officials, officers, employees, contractors, consultants, attorneys, agents and volunteers, including. for City attorney fees, staff costs, awards and judgments, for any claims brought against City for failure to produce any requested documentation related to Grantee and its business in possession of City in accordance with a Public Record's Act. (4) The City shall use best reasonable efforts to update and amend applicable provisions of its Municipal Code to the extent the City determines such changes are necessary to conform to this Agreement and to meet its obligations hereunder.

SECTION 2 - DEFINITIONS
Whenever any term used in this Franchise Agreement has been defined by AB939 or in the Municipal Code, the definitions therein, as presently defined and as they may be amended in the future shall apply unless the term is otherwise defined in this Agreement. In the event of conflict between the definition found in AB 939, in the City Code and this Agreement, the definition in this Agreement shall govern all other definitions, while the definition in the City Code shall take precedence over the definition contained in AB 939. The definitions are set forth on the attached and incorporated Exhibit "C".

SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE

RESIDENTIAL AND COMMERCIAL FRANCHISE
A. Grant of Franchise
Pursuant to the provisions of the City Code and pursuant to AB 939, and subject to the terms and conditions of this Agreement (including all extensions or renewals), City hereby grants to Grantee the sole and exclusive right, privilege, and franchise to provide the Solid Waste Handling services described in Exhibit "A" (Provided Services) to this Agreement to all single family units, multifamily units, and commercial, industrial, and institutional premises within the City, and to use the City streets and roads for such purpose. City shall actively enforce the exclusive rights of Grantee to provide services within the Franchise Area. By this Agreement and subject to its terms, the City grants the broadest form of exclusive solid waste handling franchise permissible under applicable law including its general municipal police powers and the specific authority given to local agencies by California Public Resources Code Section 40059 to determine aspects of solid waste handling that are of local concern. The foregoing reference to Section 40059 includes the relevant appellate case law interpreting that statute.

B. Acceptance of Franchise
Grantee agrees to be bound by and comply with all the requirements of this Franchise Agreement.

Grantee waives, terminates and hereby releases any right or claim to serve any part of the City under any prior grant of franchise, contract, license or permit issued or granted by any governmental entity.

C. Exceptions to Exclusivity
The foregoing Grant of Franchise excludes the following:
(1) Self-Haul. Any Solid Waste otherwise within the Scope of this Agreement which is removed and personally transported from any premises by the owner or occupant who generated the solid waste using his or her own equipment thereof for the purpose of lawfully delivering same to a Solid Waste Facility authorized to receive and handle solid waste. The use of a subcontractor by City is not "self-haul" within the meaning of this exception.
(2) Gardeners and Landscapers. The collection, transportation and disposal by a gardener or landscaper of green waste or yard trimmings which are generated as an incidental part of providing gardening, landscaping or landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the green waste or yard trimmings, and utilizes only his or her own employees and equipment to collect, transport and dispose of same. (3) Sale or Gift of Recyclable Materials. Source separated recyclable Materials which are either donated or sold by the generator of the materials to a party other than Grantee. A mere discount or reduction in price of the Grantee's charges for the handling of such materials is not a sale or donation within the meaning of this Agreement. For purposes of this Agreement, materials shall be deemed "solid waste" within the meaning of California Public Resources Code Section 40191, and shall be regulated as such, whether or not they may be potentially recyclable, in either of the following instances: (a) when the material is mixed or commingled with other types of solid waste, or (b) where the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, processing, handling, consulting, container rental or disposal services ("fee for service" recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.
4 SECTION 4 - TERM AND TERMINATION
The initial term of this Agreement shall commence at 12:00 a.m. on April 1, 2022 and expire at 12:00 a.m. on June 30, 2031. Thereafter, beginning on July 1, 2023, and on each July 1 anniversary date thereafter, the term of this Agreement will be extended automatically for one (1) additional year, so as to have a rolling term of ten (10) years. Should either party desire that said automatic renewal and extension provision be terminated, such party shall give the other written notice of nonrenewal between January 1 and June 30 in any year, but not before the year 2022.

Any such notice, properly given, shall serve to terminate the automatic one-year renewal and extension provision only, and this Agreement shall remain in effect for the balance of the term then outstanding. In the event that either party exercises its right to terminate the automatic renewal and extension provision under this paragraph, the parties may subsequently reinstate the automatic renewal and extension provision by mutual written agreement. Termination of this Agreement may also occur pursuant to the section "Failure to Perform and Remedies," hereafter stated in this Agreement.

SECTION 5 - FRANCHISE AREA
The Franchise Area granted by this Agreement is the legally established geographic limits of the City, as the same now exist or may hereinafter be revised by annexation or otherwise. Grantee shall perform Solid Waste Handling services pursuant to this Agreement only in such Franchise SECTION 6 - SERVICES PROVIDED BY GRANTEE
The following minimum operating requirements shall apply to Grantee, except to the extent any operating requirement is specifically eliminated or modified in Exhibit "A":

A. Employees
(1) Each employee or other Person driving Grantee's vehicle shall at all times have a valid California vehicle operator's license appropriate for the vehicle being driven. (2) All Grantee employees shall wear clean clothing of a uniform type when engaged in collection operations under this Agreement.
(3) Each employee dealing with Customers, including without limit those engaged in collection or billing, shall at all times behave in a courteous manner. (4) Noncompliance with the employee items above are subject to the terms of Section 10, Failure to Perform and Remedies.

B. Hours of Collection
Grantee shall not collect Solid Waste within a residential area or within a commercial area which is contiguous to a residential area between the hours of 10:00 P.M. and 5:00 A.M. the next day. 5 C. Office for Inquiries and Complaints
City shall receive and log customer inquiries and complaints and transmit any service requests or complaints to Grantee electronically or via other mutually agreed upon method. Grantee shall maintain an office at some fixed place and keep regular business hours and shall maintain a locally listed telephone number. Such listing shall be in the Grantee's name or in the fictitious business name under which Grantee provides Solid Waste Handling services to the Area. This Section shall not require the Grantee to maintain an office which is different than or separate from the office for inquiries and complaints maintained by Grantee.

D. Records and Reports
Grantee shall prepare, maintain and provide to the City such records and reports as required in this Agreement, as well as records related to services in this agreement required under any other applicable law.

E. Requested Service
Grantee shall provide Solid Waste Handling services to all Customers within its approved Franchise Area who request such service, except when denial or discontinuance of service is specifically authorized by this Agreement. Such service shall commence within seven (7) working (waste collection) days of the Customer's request.

F. Collection Frequency
For health and safety purposes, minimum collection frequency for all Solid Waste Handling Customers shall be once per week, in accordance with Section 17331 of Title 14, California Code of Regulations. Grantee shall correct any missed collection of a Customer's Solid Waste within two (2) working (waste collection) days of notice thereof, unless the next regular collection of such waste is scheduled to occur within three (3) working (waste collection) days of such notice.

G. Containers
In addition to any requirement Grantee is subject to under its Health and Safety Permit, each container shall be replaced in its proper place in a neat and orderly manner; any litter spilled from a container by Grantee's employees while emptying a container shall be cleaned up by Grantee's employees.

H. Noise
In addition to any requirement Grantee is subject to under applicable law, Grantee shall not create any noise in excess of what is reasonable and necessary in providing Solid Waste Handling services to its Customers. Further, Grantee shall actively evaluate and strive to implement noise reduction measures on an ongoing basis, consistent with common industry practice and standards applicable in similar circumstances.

1. Collection Equipment
Grantee shall provide an adequate number of vehicles and equipment to provide the Solid Waste Handling services required under its Franchise Agreement. No vehicle shall be used for the 6 collection and transportation of Solid Waste prior to such initial and/or periodic inspection and approval by the Department of Public Health, Division of Environmental Health Services to the extent required under the Grantee's applicable Health and Safety Permit.

All motor vehicles used by Grantee under its Franchise Agreement shall be registered with the Jepartment of Motor Vehicles of the State of California, shall be kept clean and in good repair and shall be uniformly painted. In addition, vehicles must be in compliance with the California Air Resources Board requirements and any other applicable state or federal laws and/or regulations pertaining to the operation of Solid Waste handling equipment.

J. Privacy
Grantee shall strictly observe and protect the rights of privacy of its Customers. Information identifying individual Customers or the composition or contents of a Customer's waste stream shall not be revealed to any Person, governmental unit, private agency, or company, unless as part of a legitimate inquiry by a governmental unit, or as authorized by a court of law or by statute, or upon written authorization of the Customer. This provision shall not be construed to preclude Grantee from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses which may be required by AB 939, or the City, provided that no such analysis shall identify any person or connect any person to any particular waste. In addition, Grantee shall not market, sell, convey, or donate to any Person any list with the name or address of Customers except that Grantee may provide such lists to authorized employees and authorized representatives of the City as necessary to comply with this Franchise Agreement. Grantee shall, at all times and consistent with prevailing industry standards, utilize encryption or other security measures reasonably calculated to protect Customer information from unauthorized disclosure.

K. Customer Complaints
Grantee shall respond to customer complaints whether received directly from customers, or by customer through City. Grantee shall designate a government liaison Person responsible for working with the City to resolve Customer complaints. The name of the liaison Person and a 24 hour availability telephone number shall be provided to the City Manager. Customer complaints shall be resolved in accordance with Section 10(B) herein, "Resolution of Customer Complaints." L. Property Damage
(1) Any physical damage caused by the act or omissions of employees, officers, or agents of the Grantee to private or public property resulting from operations under this Agreement shall be promptly repaired or replaced by Grantee at Grantee's sole expense. (2) With respect to driving surfaces, Grantee shall be responsible for damage (excluding normal wear and tear), whether or not paved, resulting from the weight of vehicles providing Solid Waste Handling services on public or private property when it can be demonstrated that such damage is the result of vehicles exceeding speed limits or maximum weight limits set by the State of California or by other negligent operation of vehicles by Grantee's employees.

M. Gratuities
7 Grantee shall not, nor shall it permit any officer, agent, or employee employed by it, to request, solicit or demand, either directly or indirectly, any gratuity for services authorized or required under its Agreement.

N. Laws and Licenses
Grantee shall comply with all federal, state, and City, County or local laws, ordinances, rules, and regulations applicable, from time to time and as amended, to the performance of the Solid Waste Handling services provided under this Franchise Agreement and shall obtain and maintain in full force and effect all licenses and permits necessary to perform such services throughout the term of this Franchise Agreement.

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

SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE

MATERIALS
Except as otherwise provided in state law, ownership of Solid Waste shall transfer to Grantee at such time as the Solid Waste is discarded by the Solid Waste Handling service Customer. City makes no claim of ownership to the discarded solid waste.

SECTION 8 - WASTE DELIVERY DESIGNATION
City reserves the right to designate the disposal facility or facilities to which Grantee shall deliver Solid Waste generated within City and collected by Grantee pursuant to this Agreement. This designation, when made, shall be subject to the following:
(1) Solid Waste that Grantee determines to be suitable for Processing or green composting may be delivered by Grantee to a Materials Recovery Facility or Designated Source Separated Organic Waste Facility selected by Grantee, and only the Residual Solid Waste resulting from Processing will be subject to the waste delivery designation. (2) If the City Manager or his/her designee directs Grantee to deliver residual Solid Waste collected pursuant to this Agreement to a Solid Waste Facility that is different from the facility Grantee is then using for the disposal of such waste, or in amounts that are different than the amount that Grantee is currently delivering to that facility, and this direction results in increased operating costs to the Grantee, Grantee shall be entitled to a corresponding Fee adjustment to fully compensate Grantee for the increased costs. 8 SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND A. Indemnification of City
The Grantee agrees to indemnify, defend (with counsel chosen by City) and hold harmless the City and its authorized elected officials, officers, employees, contractors, consultants, attorneys, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of Grantee's performance of services under this Agreement, except to the extent, if at all, that such liability arises as a result of City's own gross negligence or willful misconduct.

Hazardous Waste Indemnification
Without limiting the generality of the foregoing, if Grantee is alleged to have, or determined to have, or not disputed allegations that it has negligently or willfully acted or failed to act with respect to the collection, handling or transportation of Hazardous Waste, Grantee shall indemnify, defend with counsel chosen by City, protect and hold harmless the City and its respective elected officials, officers, employees, contractors, consultants, attorneys, agents, volunteers, assigns, and any successor or successors harmless from and against all claims, actual damages (including, but not limited to, special and consequential damages), natural resources damage, punitive damages, injuries, costs, response remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including, but not limited to, attorneys' and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, City or its respective officers, employees, agents, or Grantees arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste as to which Grantee has negligently or willfully acted or failed to act with respect to its collection, handling or transportation at any place where Grantee stores, handles, transports or disposes of Solid Waste pursuant to this Franchise Agreement. The foregoing indemnity does not extend to liability arising from de minimis amounts of household hazardous waste that Customers may place in solid waste receptacles, and excludes liability arising from City's decision to exercise its waste delivery designation rights under Section 8 of this Agreement. The foregoing indemnity is intended to operate and shall operate as an agreement pursuant to Section 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, "CERCLA", 42 U.S.C. Section 9607(e) and California Health and Safety Code Section 25364, to insure, protect, indemnify, and hold the City harmless from liability. This Section 9B shall survive the termination, lapse or any change in the relationship of the Parties hereto.

B. Insurance Requirements
Insurance Requirements - it is intended that Grantee shall comply with Risk Category 3 of the insurance requirements of the City of Farmersville Procurement Policy (Municipal Code section

3.16.040). To the extent that Grantee can comply with said requirements, Grantee shall comply.

In the event that Grantee cannot comply, Grantee shall so notify City of the inability to comply, and request an administrative waiver, which waiver shall be granted upon a reasonable case by case basis.
9 Commercial General Liability
Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies.

Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.

C. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. Coverage shall contain a waiver of subrogation in favor of the City.

Business Automobile Liability
Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than five million dollars ($5,000,000) per accident.

3. Workers' Compensation and Employers' Liability
a. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.

All Coverages
Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.

Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City. iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VIl or higher. 10 Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a "per subcontractor" or "per consultant" basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Contractor.

C. Performance Bonds or Other Security
Grantee shall furnish to the City without additional charge a corporate surety bond, a letter of 'edit or other security device acceptable to the City in City's sole discretion, as security fi erformance under this Franchise Agreement (collectively "Security'"). The amount of the Securi shall be the lesser of one month's expected Gross Receipts Less Disposal Charge, or Seventy- Five Thousand Dollars ($75,000.00). Adequate proof of the existence of the Security shall be provided (e.g., a certificate from the surety showing that the bond premiums have been paid in full shall accompany the bond and each renewal thereof). The surety on the bond, the bank on which the letter of credit is drawn and the surety for any other Security device shall be a company acceptable to the City and shall be authorized to do business in the State of California.

D. Modification
The requirements of this Section 9 may be modified or waived in writing by the City upon the request of Grantee, provided the City reasonably determines such modification or waiver is in the best interest of City and of the public welfare, considering all relevant factors, including acceptable financial guarantees provided by Grantee or by a parent company of Grantee.

SECTION 10 - FAILURE TO PERFORM AND REMEDIES
The rights of the Grantee and City upon the failure of either to perform as required under this Agreement shall be as provided below:

A. Administration, Enforcement and Remedies
(1) If the City Manager determines at any time that the Grantee's performance of the Solid Waste Handling services authorized/required in this Franchise Agreement, are not in conformity with the provisions of the Franchise Agreement, or applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, the City Manager will notify Grantee in writing of such deficiencies ("Notice of Deficiency").

The Notice of Deficiency may provide a reasonable time within which correction of all noted deficiencies is to be made. Unless a shorter or longer period of time is specified in the notice of deficiency sent by the City Manager, a reasonable time for correction shall be thirty (30) consecutive calendar days from the receipt by the Grantee of such written notice. . If the Grantee cannot reasonably correct or remedy a noted deficiency within the time specified in the Notice of Deficiency, but the Grantee immediately commences to 11 correct or remedy such deficiency within the time set forth in the Notice of Deficiency and diligently pursues such correction or remedy thereafter Grantee shall not be deemed to have failed to correct or remedy the Notice of Deficiency. The Parties agree that while uncured defaults of material provisions of the Agreement which present an imminent and substantial threat to public health and safety should result in termination of the Agreement, minor defaults should be the subject of liquidated damages as set forth herein. For purposes of this section, assessment of liquid damages in total of more than $10,000.00 in any twelve (12) month period shall be deemed a material breach. (2) The City Manager shall review the Grantee's response to the Notice of Deficiency. If the City Manager determines that the Grantee has not cured the deficiency, or if there is no cure period provided in the Notice of Deficiency given the nature of the deficiency, the City Manager shall either:
i. Refer the matter directly to the City Council for decision pursuant to subsection (4) of this Section 10-A; or
ii. Decide the matter and notify the Grantee of that decision, in writing. • The decision of the City Manager may be to terminate the Franchise Agreement or may be to impose some lesser sanction;
• The decision of the City Manager shall be final and binding on Grantee unless the Grantee files a "Notice of Appeal" with the City Manager within thirty (30) days of receipt of the City Manager's decision. The Notice of Appeal shall be in writing, shall contain a detailed and precise statement of the basis for the appeal.

Within fourteen (14) working days of receipt of a Notice of Appeal, the City Manager shall refer the appeal to the City Council for proceedings in accordance with subsection (4) of this Section 10-A.
(3) Should the City Manager refer the Notice of Deficiency to the City Council in the first instance, or if the matter reaches the City Council pursuant to a Notice of Appeal, the City shall set the matter for hearing.
i. If the City Council sets the matter for public hearing:
• The City shall give Grantee, and any interested person requesting the same, ten (10) days written notice of the time and place of the hearing. At the hearing, the City shall consider the report of the Manager indicating the deficiencies, and shall give the Grantee, or its representatives and any other interested person, a reasonable opportunity to be heard.

Based on the evidence presented at the public hearing, the City Council shall decide the appropriate action to be taken. If, based upon the record, the City determines that as noted in the Notice of Deficiency the Grantee's performance of the Solid Waste Handling services authorized/required in this Franchise Agreement, are not in conformity with the provisions of the Franchise Agreement, or constitute a material violation of applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, then the City may terminate this Franchise Agreement forthwith if it determines that an 12 imminent and substantial threat to public health and safety has been created as a result of Grantees' deficiency, or in the case of any other uncorrected breach, it may impose such lesser sanction or sanctions not involving termination as it deems reasonably appropriate. The decision of the City Council shall be final and conclusive.
(4) Grantee's performance under this Franchise Agreement is not excused during the period of time prior to the City Manager's or the City Council's final determination, as the case may be, regarding the validity of, and appropriate response to, the deficiencies noted in the Notice of Deficiency.
(5) In the event Grantee: (i) has received a Notice of Deficiency and fails to perform Solid Waste Handling services; or (i) has had its Franchise Agreement terminated; the City, reserves the right, in addition to all other rights available to the City, to take any one or combination of the following actions:

1. To rent or lease from Grantee, at its respective fair and reasonable rental value, all or any part of the Grantee's equipment (including collection containers utilized by Customers and office equipment and billing programs), utilized by Grantee in providing the Solid Waste Handling services required under this Franchise Agreement. • The City may rent or lease such equipment for a period not to exceed six (6) months, for the purpose of performing the Solid Waste Handling services, or any part thereof, which Grantee is (or was), obligated to provide pursuant to its Franchise Agreement. The City may use said rented equipment to directly perform such Solid Waste Handling service or to assign it to some other Grantee or Person to act on the City's behalf. Grantee shall be held responsible for the costs to insure the City or its assignee from all liability resulting from the operation of Grantee's equipment. In the case of equipment not owned by Grantee, Grantee shall assign to the City, to the extent Grantee is permitted to do so under the instruments pursuant to which Grantee possesses and uses such equipment, the right to possess and use the equipment. ii. As used in this subsection, "reasonable rental value" means the rate for such equipment as listed in the State Division of Transportation publication, "Labor Surcharge and Equipment Rental Rates," in effect at the time the City leases the equipment. If a particular piece of equipment is not listed in said publication or if said publication is not current, the reasonable rental value may be established by the Manager by any equitable alternative method.
ili. If the City exercises its rights under this subsection, the City shall pay or owe Grantee the reasonable rental value of the equipment so taken for the period of the City's possession thereof. The City may offset any amounts due to Grantee pursuant to this provision against any amounts due the City from Grantee. iv. All revenues owed by Customers which are attributable to services performed by or at the direction of the City during City's assumption of Grantee's Solid Waste Handling duties shall be billed by and paid to the City. To the extent Grantee receives such revenue after City's assumption of Grantee's Solid Waste Handling duties, Grantee shall pay such revenue to City promptly after receipt thereof (or promptly after City has performed the services related to such revenue, if the revenue was received by the Grantee prior to the City's 13 assumption of duties) and Grantee shall be deemed to have assigned to City all of Grantee's right and interest to any such revenues.
(6) The City rights set forth in this Section 10-A are in addition to, and not in limitation of, any other powers or rights available to the City upon failure of Grantee to perform its obligations under this Franchise Agreement. Further, by entering into this Franchise Agreement Grantee acknowledges, admits and agrees, for use as evidence in any proceeding of any nature, and from time to time, that its material violation of any terms of this Franchise Agreement shall cause the City to suffer irreparable injury and damages sufficient to support injunctive relief to enforce the provisions of the Franchise Agreement, and to enjoin the breach thereof. Grantee hereby agrees that the City may deem the foregoing a stipulation, for any purpose or proceeding.

B. Resolution of Customer Complaints
Procedures for resolution of complaints and other disputes shall be as follows:
(1) Grantee agrees to use its best efforts to resolve all complaints received by close of business of the second working (waste collection) day following the date on which such complaint is received. (See Office of Inquiries and Complaints section herein). Service complaints may be investigated by City Manager, as necessary to resolve. Grantee shall provide reasonable cooperation in the event of such investigation. Grantee shall maintain records listing the date of Customer complaint, the name, address and telephone number of Customer, the nature of the complaint or request, and the date when and nature of the action taken by the Grantee to resolve the complaint. All such records shall be maintained for at least three (3) years after Grantee's receipt of the complaint or inquiry and shall be available for inspection by City during all business hours. Service complaints shall be responsibility of Grantee whether received by City and forwarded to Grantee, or received directly by Grantee.
(2) If the Grantee fails to cure a complaint, the City Manager shall review the complaint and determine if further action is warranted. The Manager may request written statements from the Grantee and Customer, or oral presentations or both written and oral presentations.
(3) The City Manager shall determine if the Customer's complaint is justified, and if so, what remedy, if any, shall be applied. The remedy provided to the Customer under this Section shall be limited to a refund of Customer charges related to the period of violation of any of the terms of Division 6 of Title 4 of the Code or of the breach of any term of this Franchise Agreement. In addition to any other remedy of City contained in this Agreement, City may impose upon Grantee liquidated damages of up to one hundred dollars ($100.00) payable to the City for any single event or series of related events, or actual damages as demonstrated during the resolution procedure.
(4) The City Manager may delegate the duties under this Section to a designee. The decision of the City Manager or a designee shall be final on any matter of five hundred dollars ($500.00) or less. In the event of a decision on a matter awarding more than five hundred dollars ($500.00), Grantee may seek review pursuant to the Notice of Appeal procedure contained in Section 10-A of this Agreement.

SECTION 11 - FRANCHISE TRANSFER
14 The rights of the Grantee in regard to the transferability of its Franchise shall be as set forth below:
(1) Neither this Franchise Agreement nor any right or privilege granted in this Agreement shall voluntarily or involuntarily be transferred, sold, hypothecated, sublet, assigned or leased, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein (all collectively referred to herein as "transfer"), pass to or vest in any Person, except the Grantee, either by act of the Grantee or by operation of law, without the prior written consent of the City. Any attempt by Grantee, or by operation of law, to transfer this Franchise Agreement without the prior written consent of the City shall be void and deemed a material breach of this Agreement.
(2) This Franchise Agreement shall terminate on any Change in Ownership of Grantee, unless such Change in Ownership has been consented to, in writing, by the City prior to the effective date of such Change in Ownership.
(3) The City shall review a request by Grantee that the City approve a transfer of all or part of Grantee's interest in this Franchise Agreement, or that the City consent to a Change in Ownership of Grantee, using such criteria as it deems necessary including, but not limited to, those listed below. The City shall not unreasonably withhold its consent to the transfer of this Franchise Agreement or to any Change in Ownership of Grantee.

If the Grantee requests that the City consider and consent to a transfer or a Change in Ownership of Grantee, the Grantee or the proposed transferee, as applicable, shall at a minimum meet each of the following requirements:
i. The Grantee shall pay the City a maximum of $50,000.00 for incurred attorney's fees and related administrative and investigation costs necessary to determine the suitability of any proposed transferee or proposed new owners, and to review and finalize any documentation required by City, in its sole and absolute discretion to determine what form of documentation will be used in terms of effecting a proper transfer, as a condition for approving any such transfer or Change in Ownership.

Il. The Grantee shall furnish the City with independently audited financial statements of the proposed transferee's operations for the immediately preceding three (3) operating years.
ili. The Grantee shall furnish the City with proof satisfactory to City, in its sole and absolute discretion:
that the proposed transferee or the proposed management of the Grantee under the proposed new owner has at least three (3) years of solid waste management experience of a scale equal to or exceeding the scale of operations conducted by Grantee under this Agreement; that in the last five (5) years, the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) has not received any citations, Notice of Violations or other censure from any federal, state or local agency having jurisdiction over its waste management operations 15 due to any failure to comply with state, federal or local waste management laws, where such failure either: (i) evidences a pattern of disregard for such state, federal or local waste management laws; or (i) involves actions which endangered the lives or property of any Person.

Grantee shall supply the City with a complete list of such citations, Notices of Violations and censures, if any;
that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) has at all times conducted its operations in an environmentally safe and conscientious fashion;
• that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) conducts its solid waste management operations in accordance with sound waste management standards and practices and in full compliance with all federal, state and local laws regulating the collection and disposal of waste;
of the adequate financial strength of proposed transferee or of the Grantee under the proposed new ownership; and
• of the ability of the proposed transferee or of the Grantee under the proposed new ownership to obtain and maintain required insurance and SECTION 12 - REPORTS
Grantee shall provide the City Manager with such reports and information and make its records available for review as provided below:

A. General
(1) Grantee shall keep, and, maintain, and furnish copies of such operating records and reports as may be requested by City to ascertain compliance with this Agreement, and support requests for a Fee adjustment. City and Grantee agree that Grantee's financial data and operational records shall remain confidential with respect to third parties, and shall be protected from disclosure to the extent they contain proprietary information, including trade secrets, whether or not designated as such by Grantee. (2) All information required to be kept, maintained or furnished to the City shall be maintained a minimum of five (5) years after the entry of the most recent item therein; B. Reporting Requirements
16 During the term of this Franchise Agreement, Grantee shall submit to the City quarterly, and more often if required by law, information reasonably required by City to meet its reporting obligations imposed by AB 939 and AB 901, as amended, and the regulations implementing each, in a manner acceptable to City. Grantee agrees to submit such reports and information as reasonably requested by the City. Grantee agrees to render all reasonable cooperation and assistance to the City in meeting the requirements of the City's source reduction and recycling element and non-disposal facility element.

C. Annual and Quarterly Reports
(1) Grantee shall assist City in preparation of all Annual and Quarterly reporting required by CalRecycle, or successor agency, in accordance with this Agreement. (2) Quarterly reports shall be submitted forty-five (45) days following the end of each calendar quarter. The quarterly reports shall include:
i. Amount (in tons) and type of material collected.
ii. Amount and types of material deposited in the Solid Waste Facility. ili. Amount and types of material recycled, processed or diverted. iv. Customer complaint log for complaints received during the quarter. v. Summary assessment of services, and identification of impediments to meeting service requirements.
vi. An annual presentation will be made to the Farmersville City Council upon an agreed date that is acceptable to both parties.

SECTION 13 - COMPENSATION
A. Compensation and Billing
(1) Billing and Payment. All requests for service, or for changes in service, shall be processed by Grantee, except for new residential customers establishing service for the first time. to this Agreement. Commercial and Drop Box services will be billed and collected by Grantee.

On a monthly basis, City shall remit to Grantee the full amount of services provided based on the Grantee Fees set forth on Exhibit "D." The monthly compensation payment to Grantee shall be paid by City within thirty (30) days of the end of the applicable billing cycle. Said Fees paid to Grantee are exclusive of fees collected by City for billing and customer services provided by the City, contract management, enterprise fund 17 management, and Franchise Fees. The parties acknowledge City's right to add and retain such fees.

For Drop Box service billed by Grantee, the Franchise Fee at the time of signing this Agreement shall be seven percent (7%) of all sums collected by Grantee from Drop Off customers. This is payable to City on a monthly basis, either by remittance from Grantee, or, if by mutual agreement, by netting the amount paid to Grantee by City. City shall provide 30 days' notice to Grantee in the event the Franchise Fee is changed, and Grantee shall thereafter remit to City in accordance with the revised Franchise Fee.

Direct Billing by Grantee
Grantee shall be responsible for billing and collection of payment for all Commercial (including Multi-Family with five (5) or more units) and Industrial customers. Grantee will be required to provide customers who are more than thirty (30) days past due a proper notice of delinquency according to applicable law prior to discontinuing services. Grantee may require Customers arranging for Temporary Services to pre-pay for the services requested.

Payment
On a monthly basis, Grantee shall submit a complete report of amounts collected from customers direct billed by Grantee, including franchise fees owed to City. City shall remit to Grantee amounts collected for services billed on tax rolls, less all applicable Franchise Fees, based on the Fees set forth in Exhibit "D." The monthly payment to Grantee shall be paid by City within thirty (30) days of the end of the applicable billing cycle. (2) Grantee's Fees. Grantee shall provide solid waste handling services pursuant to this Agreement at the Fees set forth in the attached Exhibit "D," the contents of which are incorporated by this reference. The Exhibit "D" Fees will apply at the inception of this Agreement, and are subject to adjustment as set forth elsewhere herein.

The parties acknowledge their understanding that the Exhibit "D" Fees are not necessarily reflective of the total charges that City will actually bill to customers. The City expressly reserves the right to charge customers whatever Rates it deems reasonable or appropriate, and the actual charges to a customer will include additional amounts, over and above the amount that will be paid to Grantee, to cover such administrative, finance, collection or other fees as the City determines proper. If no Fee has been established for a particular service billed by City, Grantee and City shall mutually agree on an appropriate charge for that service or service level. If no Rate has been established for a service billed directly by Grantee, then Grantee shall determine with Customer the appropriate charge, subject to City approval. Grantee shall promptly notify City of any new Rates to be billed by Grantee.

The Exhibit "D" Fees are inclusive of all Solid Waste handling services to be provided, including collection, transportation, processing, composting, disposal, and cart and bin costs, and costs associated with moving bins from standard enclosures such distance as is reasonably necessary to empty them (but not including costs associated with moving bins beyond such distance in unusual circumstances or due to special requests by 18 customers). No other charges shall be imposed by Grantee for such services unless approved by City.

B. Adjustment to Fees
The following annual and special rate adjustments shall be made to the Fees provided for in this Franchise Agreement.
(1) Annual Cost of Living Adjustment (COLA)
The Fee's for single family resident service in Exhibit D shall adjust annually based on the rate increases adopted by City in February 2021, through the year 2025. Thereafter, beginning July 1, 2026, the Fee's for single family residential service shall increase based on the CPI adjustments per this section.

Beginning July 1, 2023, the Fee's shall be annually adjusted upwards by adding a cost- of-living adjustment (COLA) to the then current Fee. The COLA shall be based on the change in the annual Consumer Price Index (CPI).

An example of the CPI adjustment for July 1, 2021 is shown below:

Annual CPI-U 2019: 295.004
Annual CPI-U 2020: 300.084
Change: 5.080
% Increase: 1.72% (5.080 ÷ 295.004)
(2) Extraordinary Adjustment
The parties acknowledge that there may be infrequent extraordinary events which, although they do not prevent either party from performing, and thus do not implicate the Force Majeure provisions hereof, nevertheless increase the cost of providing service such that Grantee's compensation and the Fee adjustment mechanism provided in this Agreement result in Grantee's suffering losses which are substantially outside the commercially reasonable expectations of the parties. The obligation of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in Fees. Accordingly, at its option, Grantee may apply to the City at any time, but not more frequently than once annually, for an extraordinary Fee adjustment should an event or circumstance arise (including a change in landfill tipping fee) that is not the result of a Change in Law or Change in Service Level which negatively impacts the economic operation of Grantee and which is in excess of the Fee adjustment resulting from the application of the annual adjustment formula set for in subparagraph (a) above. An interim adjustment in Fees will be deemed justified if it is necessary for the Grantee to make a substantial change in its operations, or substantial capital expenditure or investment in order to perform its obligations under this Agreement due to the occurrence of an event or circumstance other than a Change in Law or Change in Service Level which is beyond the 19 reasonable control of Grantee. In the event of such an application for an extraordinary Fee increase, it is understood that the Grantee shall have the burden of demonstrating to the reasonable satisfaction of City the basis for the extraordinary increased cost. (3) Franchise Fee Adjustment
The Franchise Fee adjustment shall be the pass through of one hundred percent (100%) of any increase or decrease in the Franchise Fee, and shall be effective as of the date the Franchise Fee increase or decrease is payable by the Grantee. (4) Change in Scope Level Adjustment
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the level of the Solid Waste Handling services which may be required of, or agreed to by, Grantee.

City shall provide Grantee ninety (90) days notice of any requested changes in scope of this agreement. A Change in Scope Adjustment shall be effective on and after the actual date of the requirement to or agreement to change operations which results from the change in service, but, absent the consent of the Manager, not sooner than the effective date of the change in service. In no event shall any Change in Scope Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. In the event that the City Manager and the Grantee claiming to be affected by the change in scope cannot agree on either the existence, or the effect on demonstrable costs, of a change in service level, the dispute resolution provisions of Section 13-C (1) shall apply.
(5) Change in Law Adjustments
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the manner or nature of conducting Solid Waste Handling services necessitated by a Change in Law. A Change in Law Adjustment shall be effective on and after the actual date of the change in operations which resulted from the Change in Law, but, absent the consent of the Manager, not sooner than the effective date of the Change in Law.

In no event shall any Change in Law Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. In the event that the City Manager and the Grantee claiming to be affected by the Change in Law cannot agree on either the existence, or the effect on demonstrable costs, of a Change in Law, the dispute resolution provisions of Section 13-C (1) shall apply.
20 C. Dispute Resolution Regarding Adjustment to Fees
(1) Any dispute regarding any Change in Service Level Adjustment or Change in Law Adjustment provided for in 13 above, which cannot be resolved between the Grantee and City within thirty (30) days of the receipt by City of such documents as City may reasonably request, shall be submitted to a mutually agreed upon expert in the subject matter area of the dispute to resolve the dispute as to either or both: (i) the existence of a Change in Service Level or a Change in Law; and/or (ii) the effect on the Grantee's demonstrable costs of a Change in Service Level or a Change in Law. The decision of the expert shall be binding on the Grantee and the City. The cost of the expert shall be borne equally by the Grantee and the City and the Parties shall pay the experts) each party's respective share on demand by the experts). If the Grantee and City cannot mutually agree upon an expert, either may petition the Superior Court of the County of Fresno to have an expert chosen by the court. The City and Grantee shall each have the right to suggest one expert to the court, the court shall choose one of the suggested experts. (2) Any dispute regarding the current Fee schedule or Fee adjustments (except those disputes related to a Change in Service Level Adjustment or Change in Law Adjustment) shall be decided by the City Manager within ten (10) working days after receipt of a written statement from the Grantee of the nature and basis of the dispute with a request that it be resolved by the City Manager. Grantee shall have the right to appeal the Manager's rection in wing to the ciy cou decision in writing to the City Council within thirty (30) days after the City Manager has given the Grantee written notice of the decision. Such appeal shall conform to the appeal provisions set forth in Section 10-A of this Agreement in respect to the form of the Notice of Appeal, the time limits for processing the appeal, and the amount of fees, if any, connected therewith. The City may consider the appeal or refer said appeal to a hearing officer as provided in Section 10-A of this Agreement.
(3) The most recent Fees approved by the City Manager in effect at the time a dispute is submitted to either the expert or City Manager, as the case may be, shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether retroactive or prospective, shall be determined by the expert, the City Manager, the City or a hearing officer, as appropriate.

D. Discontinuance of Service
Grantee may discontinue service for non-payment of Customer's billing (when directed by City for accounts billed by City, or in the event of non-payment by a Customer billed by Grantee), or Customer's failure to substantially comply with the requirements of the applicable provisions of state or local law which govern use, storage and collection of Solid Waste in accordance with this Agreement.

SECTION 14 - FORCE MAJEURE
Grantee shall not be in default under this Agreement in the event that the services provided by the Grantee are temporarily interrupted or discontinued for any of the following reasons: riots, wars, sabotage, acts of terrorism, civil disturbances, insurrection, explosion, pandemics, quarantines, acts of God, acts of government or governmental restraint, and natural disasters such as floods, earthquakes, landslides, and fires, severe weather or other catastrophic events which are beyond the reasonable control of Grantee and which Grantee could not reasonably be expected to have prevented or controlled. Catastrophic events do not include the financial inability 21 of the Grantee to perform or failure of the Grantee to obtain any necessary permits or licenses from other governmental agencies or the right to use the facilities of any public utility where such failure is due solely to the acts or omissions of the Grantee.

SECTION 15 - OTHER PROVISIONS
A. Independent Contractor
Eng, No ang i way ranite agem at be onto craig areas of it. enture between City and Grantee. Neither Grantee nor its officers, agents, or employees sha btain any rights to retirement or other benefits which accrue to City employees. Specifically the factors contained in California Labor Code §2750.3(a)(1)(A thru C) will clearly demonstrate that Grantee, as defined herein, would not be determined to be an employee of City. Accordingly, Grantee agrees to indemnify, hold harmless, and tender costs of defense in any instance wherein an agent, assign, employee, or subcontractor of Grantee files any claim alleging that City was their "employer" or their "hiring entity" for the services contemplated herein. Further, no employee benefits shall be available to • Grantee in connection with the performance of this Agreement. Except for the fees paid to Grantee as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Grantee for performing services hereunder for City.

City shall not be liable for compensation or indemnification to Grantee for injury or sickness arising out of performing services hereunder.

B. Right to Pass
Grantee shall have the right to enter or drive on any private street, court, place, easement, or other private property for the purpose of providing Solid Waste Handling services pursuant to its Franchise Agreement, so long as it is not in receipt of a written notice revoking permission to pass.

Grantee shall have no rights greater than those then held by City.

C. Compliance with Municipal Code
Grantee shall comply with provisions of the Municipal Code that are applicable to operations hereunder, and with any and all amendments, from time to time, to such provisions during the Term of this Agreement.

D. Notices
Any notice, information, request or reply ("Notice") required or permitted to be given under the provisions of this Agreement shall be in writing and shall be given or served personally, by mail, or by email. If given or served by mail, such Notice shall be deemed sufficiently given if: (1) (i) deposited in the United States mail, certified mail, return receipt requested, postage prepaid, or (ii) sent by overnight service provided proof of service is available; and (2) addressed to (i) the Grantee at its most recent address of record with City or (i) to the Manager at the then-current address of City, as the case may be. If given by email, such Notice shall be deemed sufficiently given if the receiving party confirms receipt. The addresses of the parties at the time of signing this Agreement are:
22 To City: Attn: City Manager
City of Farmersville
909 West Visalia Road
Farmersville, CA 93223
To Grantee: Attn: Joseph Kalpakoff
Mid-Valley Disposal, LLC
15300 West Jensen Avenue
Kerman, CA 93630
Either party may from time to time designate by Notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) ousiness days from the date such notice is deposited in the United States mail, or if by facsimile transmission, upon receipt of confirmation of delivery which confirmation may be transmitted by the same means. Service by facsimile transmission shall not be effective unless the original of the document being served is deposited in the United States mail, postage prepaid, within twenty-four (24) hours after the facsimile transmission has been confirmed. Emails shall be deemed effective upon confirmation of receipt.

E. Exhibits Incorporated
Exhibits "A" through "D" are attached to and incorporated in this Agreement by this reference as if fully set forth.

F. Laws and Licenses
City and Grantee shall, at their own separate costs, comply with all federal, State, and City laws, ordinances, rules, and regulations applicable to the performance of the services hereunder and Grantee shall obtain and maintain in full force and effect throughout the term of this Agreement all licenses and permits necessary to perform the services hereunder.

G. Governing Law
This Agreement shall be governed by the laws of the State of California, with venue in the Superior Court of the County of Fresno or the Federal District Court with jurisdiction over City.

H. Waiver
No waiver by either party of any one or more defaults or breaches by the other party in the performance of this Agreement shall operate or be construed as a waiver of any already established or future defaults or breaches, whether of a like or different character or degree.

I. Counterpart Signatures
This Agreement may be executed in counterpart pages (counterparts), each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become fully executed when counterparts have been signed by each of the Parties and delivered to the other Parties; it being understood that all Parties need not sign the same signature pages of this Agreement. The exchange of copies of this Agreement and of signature pages by electronic mail in "portable document format" (".pdf") form, or by any other electronic means 23 intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted electronically shall be deemed to be their original signatures for all purposes.

SECTION 16 - SEVERABILITY
If any non-material provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity and enforceability of any of the remaining provisions of this Agreement.

SECTION 17 - ENTIRE AGREEMENT; AMENDMENT
This Agreement and its incorporated Exhibits constitute the entire agreement between the parties concerning the subject matter hereof and supersede any and all other communications, representations, proposals, understandings or agreements, either written or oral, between the parties hereto with respect to such subject matter. This Agreement may not be modified or amended, in whole or in part, except by written agreement signed by both parties hereto.

Notwithstanding the forgoing, the parties acknowledge the provisions of "Chapter 6.20, Garbage and Rubbish Disposal of the City Code as currently enacted are included herein and, further, that if and when such City Code provisions are amended, that the amended provisions shall apply to this Agreement, without any action being required of either party. The City Manager shall provide Notice to Grantee upon changes to the City Code that require a change in this Agreement.

SECTION 18 - CONSTRUCTION OF FRANCHISE
The parties hereto have negotiated this franchise at arm's length and with advice of their respective attorneys, and no provision contained herein shall be construed against either party solely because it prepared the actual physical Agreement executed by the parties.

WITNESS the execution of this Agreement on the day and year written above.

CITY OF FARMERSVILLE MID-VALLEY DISPOSAL
City Manager
City Attorney Print Name
Approved to Form
City Clerk Title
Attest
24 EXHIBIT "A" - PROVIDED SERVICES
This Exhibit sets forth the level of services to be provided by Grantee pursuant to its Franchise, and the manner of providing such services which are in addition to the manner of providing services specified in this Agreement.

Grantee shall provide the Solid Waste Handling services in conformity with all provisions of this Agreement, including:

A. Single Family Residential
(1) Weekly 3 Cart Service - Unless otherwise required under applicable law or regulation, once per week Grantee shall collect the Solid Waste (except bulky items and Hazardous Waste), which has been separated, placed, kept, or accumulated in containers at residential units within the Franchise Area and placed at curbside prior to Grantee's normal weekly collection time. All Solid Waste must be placed within containers at curbside without obstructions so as to permit collection, unless otherwise agreed upon by City and Grantee. Grantee shall supply containers, and shall require the use of specific containers as specified in this Exhibit "A." Grantee may provide special pickup procedures, above and beyond the services described above, with customers consistent with the Fees paid Grantee in Exhibit "D." Grantee shall notify City immediately of any Changes in Service Level, and similarly, City shall notify Grantee of any Changes in Service B. Commercial, Industrial, and Multi-Residential
(1) Multi-Residential Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Grantee shall collect the Solid Waste (including bulky items which have been placed in a closed bin, and excepting metallic white goods and Hazardous Waste) which have been placed, kept or accumulated for collection in Solid Waste Bins at Multi-Residential Units. (2) Commercial and Industrial Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Grantee shall collect the Solid Waste which have been placed, kept or accumulated for collection in Solid Waste Bins at commercial units.

C. Source Separated Materials - Contamination
Grantee shall conduct contamination monitoring as defined in Exhibit B of this Agreement.

D. Construction and Demolition Waste Temporary Drop Box Services Grantee shall provide construction and demolition debris removal, including temporary Drop Box services using Fees reflected in Exhibit "D" unless debris is generated by a declared emergency disaster such as floods, fires, earthquake or other such occurrence as deemed meeting the criteria of disaster debris. The City may provide for Rates and services solely for the timely and efficient removal of "disaster debris" with the Grantee or other qualified public or private entity.
25 E. Special Collection Programs
The following minimum special collection programs shall apply to this Franchise Agreement:
(1) City Facilities: Grantee shall provide front load commercial service to the City at no cost for the following City-owned facilities:
i. Reserved
ii. Reserved
(2) Contractor shall include two (2) annual community clean-up days (1 in the Spring and 1 in the Fall at no additional cost to the City. The City and Contractor shall mutually agree to the day and location of the clean-up Days (3) Christmas Trees: Grantee shall collect and dispose of Christmas trees left at curbside by Customers during the three regular pickups following each Christmas day.
(4) Senior and Handicapped Service: When a Customer produces evidence that he or she is at least 65 years of age or a medical practitioner's statement showing that he/she is physically unable to place his/her solid waste bins at the curb for collection, together with his/her affidavit certifying that no able-bodied person under 65 years of age on the premises is available for such purposes, Grantee will provide walk-in service to such premises.

F. Emergency Disaster Debris Removal Services
(1) In the event of a declared emergency disaster such as a fire, flood, earthquake, or other such occurrence as deemed meeting the criteria of a disaster in which debris is created, the Grantee will be given the first right of refusal in its franchise area to offer temporary bin/roll off services using Fees reflected in Exhibit "D", to transport debris to a staging area or disposal facility designated by the Manager. (2) During any period of time that Grantee is unable to service its franchise area during such declared emergency, either for loss of transportation, lack of assistance or an overabundance of debris material or other similar circumstances, the City reserves the right to contract with third-party entities for temporary bin/roll off services, including transportation of debris to a Solid Waste Facility. Grantee shall notify City when it regains its ability to recommence service in its franchise area and City will, within a reasonable time period, terminate any contract with third-party entities for the same services.
(3) The City reserves the right to direct roll off bin service to areas that have been designated as critical due to the emergency conditions. 26 EXHIBIT "B" - SB 1383 COMPLIANCE PROGRAMS
To support the City in complying with regulations under SB1383, Contractor shall implement the programs identified in this Exhibit. These programs are designed to meet the implementation anc education requirements of SB1383 and help the City achieve annual diversion requirements se by CalRecycle. The City's actual annual diversion rate depends on participation of businesses and residents, their respective adherence to program requirements and local code, the City's enforcement of applicable codes, and the City's implementation of other programs outside the scope of this Agreement. Accordingly, City shall amend or update the City code to incorporate requirements necessary for the implementation of these programs.

1. Collection Requirements and Container Labeling
Contractor shall provide a 3-container collection program for Solid Waste, Recyclables, and Mixed Organics. Collection containers shall be Grey (MSW), Blue (Recyclables), and Green (Organic Waste). Hardware such as hinges and wheels may be different colors.

New containers or lids placed by Contractor shall include language or graphic images, or both, that indicate the primary materials accepted and the primary materials prohibited in that container. Labels shall clearly indicate items that are prohibited container contaminants for each container.

2. Education and Outreach
To promote public education about recycling requirements, Contractor shall create public education materials and conduct education programs and activities described in this Section.

Annual Notice: Contractor shall prepare and distribute to each Generator in the City a mailer that includes information specified in 14 CCR Section 18985.1(a). Such mailer shall be distributed by Contractor to all Residential and Commercial mailing addresses including individual Multi-Family Dwelling Units. Contractor shall also make this notice available in an electronic format through the Contractor's website.

Instructional Service Guide: Contractor shall prepare a service guide that describes available services, including how to place Containers for Collection, which materials should be placed in each Container and prohibited materials, and provides Collection holidays
Property Owners and Businesses: Contractor shall annually provide Property Owners and Commercial Business owners with public education materials in electronic format for their distribution to all employees, contractors, tenants, and Customers of the properties and businesses. The Contractor's public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials. A Commercial Business or Multi-Family Property Owner may request these materials more frequently than the standard annual provision if needed to comply with the requirement of 14 CCR Section 18984.10 for Commercial Businesses and Multi-Family Property Owners to provide educational information to new tenants and employees before or within fourteen (14) days of occupation of the Premises. In this case, the Commercial 27 Business or Multi-Family Property Owner may request delivery of materials by contacting the Contractor's customer service department not later than two (2) weeks in advance of the date that the materials are needed.

Technical Assistance Program: Contractor shall provide ongoing technical assistance for Commercial and Multi-family generators that are required to participate in source separated recycling under applicable laws including AB 341, AB 1826, and SB 1383 and corresponding regulations. Technical assistance may include on-site training, instructional guides, printed or electronic materials and other resources that satisfy regulation requirements.

Contamination Monitoring: Contractor shall perform contamination inspections by utilizing on-board monitoring systems or physical container inspections. For physical container inspections, Contractor's personnel shall lift the Container lid and observe the contents.

For Collection vehicles equipped with a video camera and monitoring system, Contractor's personnel shall observe, via the hopper video camera and monitoring system, the contents of the Containers as the materials are emptied into the vehicle. Upon finding Prohibited Container Contaminants in a Container, Contractor shall follow the contamination noticing procedures set forth below.

3. Waste Evaluations
Sampling Method: Contractor shall, at its sole expense, conduct waste evaluations that meet the requirements of 14 CCR Section 18984.5(c). The Contractor shall conduct waste evaluations for contaminants using the Standard-Compliance Approach or other methods approved by Cal Recycle at least twice per year and the studies shall occur in two distinct seasons of the year. Contractor shall provide adequate notice to City of when waste evaluations will occur, and City reserves the right to observe waste evaluations.

Contamination Notifications: If the sampled weight of Prohibited Container Contaminants exceeds twenty-five percent (25%) of the measured sample for any material stream, the Contractor shall notify City within fifteen (15) working days. Contractor may perform targeted waste audits to determine the source of contaminants and provide technical assistance to those generators, or notify all generators of their obligation to properly source separate materials. The Contractor may provide this information by placing a written notice on the Generators' Containers or the gate or door of the Premises; and/or by mail, e-mail, or electronic message to the applicable Generators.

Contractor will coordinate with City to develop procedures regarding alleged violations of these recycling programs.

4. Procurement
At City's option, Contractor will make available up to _ _ tons of compost or mulch for City to purchase annually to help City meet its procurement requirements. Contractor also agrees to provide City with any available procurement credits from renewable fuel purchases used by vehicles within City.
28 5. Waivers
The City shall be responsible for granting waivers to commercial or multi-family generators that meet the de minimis requirements subject to the requirements under SB1383, pursuant to 14 CCR Section 1898411, or other requirements that may be specified by City. This includes physical space waivers where services may be impacted.

Contractor shall provide City with required generator information on services and activity that is needed as part of the waiver application. Contractor may also assist generators with waiver applications or submit on their behalf.

6. Edible Food Recovery
Contractor shall provide City with necessary data and reporting to determine tier 1 and tier 2 commercial edible food generators within the City.

At least annually, the Contractor shall provide Commercial Edible Food Generators with the following information:
• Intormation about the City's Edible Food Recovery program; , Information about the Commercial Edible Food Generator requirements under 1 CCR, Division 7, Chapter 12, Article 10;
• Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and
• Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

7. Reporting
Contractor will provide the data or prepare reports required to meet SB1383 requirements which includes:
• The number of generators that receive organic waste collection service • The number of route reviews conducted for prohibited container contaminants • The number of times notices, violations, or targeted education materials were issued to generators for prohibited container contaminants.

The results of waste evaluations performed to meet the container contamination minimization requirements and the number of resulting targeted route reviews • The number of commercial edible food generators located within the jurisdiction 29 EXHIBIT "C" - DEFINITIONS
For the purposes of this Franchise Agreement, the following terms, when used with initial capitalization, shall have the meanings set forth in this Section:

A. AB 939. "AB 939" means the California Integrated Waste Management Act of 1989, being Division 30 of the California Public Resources Code, commencing with Section 40000 thereof, as it may be amended from time to time.

B. AB 1826. "AB 1826" means the Organic Waste Recycling Act of 2014 (Chapter 727, Statutes of 2014 modifying Division 30 of the California Public Resources Code), also commonly referred to as "AB 1826," as amended, supplemented, superseded, and replaced from time to time
C. BULKY WASTE. "Bulky Waste" means discarded furniture (including but not limited to chairs, sofas, mattresses, and rugs); appliances (including but not limited to refrigerators, ranges, washers, dryers, water heaters, dishwashers, plumbing, small household appliances, and other similar items, commonly known as "white goods"); discarded stereos, televisions, computers, VCR's, and other similar items (commonly known as "Electronic-Waste"); wood waste, tree trunks and large branches if more than six inches in diameter or four feet in length, scrap wood, rocks, sod and earth.

Bulky Waste does not include construction and demolition waste, or large items such as car bodies, Jacuzzi tubs or spas, or other items that cannot be handled by two persons. In addition, Bulky Waste does not include waste tires.

D. CHANGE IN LAW. "Change in Law" means the imposition (or removal), after the establishment of a Fee relative to a Franchise Agreement, of any duty or burden imposed upon the Grantee in the performance of the Solid Waste Handling services required of it under the Franchise Agreement which is or becomes additional to (or is subtracted from or different from those duties required or contemplated in its Franchise Agreement, or which must be performed in a different manner from that in which it is initially contemplated to be performed, and which results from any of the following:
(1) the enactment, issuance, adoption, repeal, amendment or modification of any federal, state or local law, statute, ordinance or regulation. (2) a regulatory agency or other administrative agency interpreting a regulation, a judicial decision of a federal court interpreting federal law or statute, or a judicial decision of a court having jurisdiction within California interpreting a federal, state or local law, statute, ordinance or regulation, in a manner different from the interpretation which had previously been generally relied upon in California within the solid waste collection and hauling industry.

E. CHANGE IN LAW ADJUSTMENT. "Change in Law Adjustment" means the adjustment to Fee as determined under the provisions of Section 13-B (6) of this Agreement.

F. CHANGE IN OWNERSHIP. "Change in Ownership" occurs when either a transaction or event, results in fifty percent (50%) or more of the beneficial ownership of the Grantee being different than such ownership as of the date of the approval by the City 30 of the Franchise Agreement or, if applicable, as of the date of the most recent consent of the City to a Change of Ownership. The owners of the beneficial ownership of Grantee on the date of the approval of the Franchise Agreement or, if applicable, on the date of the most recent consent of the City to a Change of Ownership, shall be referred to in this subsection as an "Initial Owner". A Change in Ownership will be determined by application of the following:
(1) Any beneficial interest owned by an individual related by blood or marriage to an Initial Owner shall be considered as owned by an Initial Owner in determining if a Change in Ownership has occurred
(2) Any public offering of stock where the stock is offered for sale to the general public and does not constitute a private placement shall be disregarded in determining if a Change in Ownership has occurred.
(3) Sales, transfers, issuances or pledges of non-voting shares of stock will not be considered in determining if a Change in Ownership has occurred, until and unless and only to the extent that such stock is converted into voting shares of stock. (4) The pledge of, or any other action taken relative to, voting shares of stock which results in any voting rights of such stock being exercised by other than an Initial Owner shall be considered to be a transfer of such stock for the purposes of determining if a Change in Ownership has occurred.

G. CHANGE IN SCOPE ADJUSTMENT. "Change in Scope Adjustment" means the adjustment to Fee as determined under the provisions of Section 13-B (5) of this Agreement.

H. COMMERCIAL EDIBLE FOOD GENERATORS. "Commercial Edible Food Generator" means a Businesses identified as Tier One and Tier Two edible food generators as defined in 14 CCR Section 18982.

CONSUMER PRICE INDEX. "Consumer Price Index" or "CPI" means the Consumer Price Index, All Items, Not Seasonally Adjusted, San Francisco-Oakland-Hayward, California, as published by the U. S. Department of Labor, Bureau of Labor Statistics, Series Id. CUURS49BSA0, Base Date 1982-84=100, or the most similar successor index if this index is no longer published.

J. CITY. "City" means the City of Farmersville, State of California.

K. CITY SOLID WASTE DISPOSAL SYSTEM. "City Solid Waste Disposal System" means at any particular time, the then-existing Solid Waste Facilities which the City owns, leases or has a contractual right to use.

L. CUSTOMER. "Customer" means any Person receiving Solid Waste Handling services pursuant to this Agreement.

M. DESIGNATED SOURCE SEPERATED ORGANIC WASTE FACILITY: "Designated Source Separated Organic Waste Facility" means a facility identified by Contractor that meets the definition of 14 CCR Section 18982(a)(33). 31 N. DROP BOX. "Drop Box" means a steel, open-top container holding at least eight (8) cubic yards that rolls off and on a transport truck.

O. EFFECTIVE DATE. "Effective Date" means April 1, 2022.

P. ELECTRONIC WASTE. "Electronic Waste" for purposes of this Agreement means electronic waste materials generated by residential or commercial Customers that render the items hazardous depending upon their condition and density, such as, but not limited to, televisions, computer monitors containing Cathode Ray Tubes (CRTs), cell phones, scanners, fax machines and other items as determined by applicable laws and regulations.

Q. EXCLUDED WASTE. "Excluded Waste" means Hazardous Substance, Hazardous Waste, Infectious Waste, Designated Waste, volatile, corrosive, Medical Waste, infectious, regulated radioactive waste, and toxic substances or material that Approved/Designated Facility operator(s) reasonably believes) would, as a result of or upon acceptance, Transfer, Processing, or Disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be Disposed of in Class III Landfills or accepted at the Facility by permit conditions, waste that in Contractor's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose Contractor or City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single- Family or Multi-Family Solid Waste after implementation of programs for the safe Collection, Processing, Recycling, treatment, and Disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.

R. FEE. "Fee" means the inclusive Fee schedule attached to this Agreement as Exhibit "D," which provides the Fees to be paid to Grantee by City in consideration of the Solid Waste Handling services provided by Grantee hereunder. The Fees in Exhibit D include a Franchise Fee equal to 21.0%. Rates charged Customers by City may be higher than Fees paid Grantee in order to cover appropriate City costs.

S. FOOD SCRAPS. "Food Scraps" means all discarded food such as fruits, vegetables, beans, pasta, and other materials accepted at the designated organics processing facility.

T. FRANCHISE AGREEMENT. "Franchise Agreement" means the Agreement entered into between the City and the Grantee which authorizes/requires the Grantee to provide Solid Waste Handling services in a specified Franchise Area.

U. FRANCHISE FEE. "Franchise Fee" means a defined portion of revenue from rates retained by City as compensation to City for the exclusive right assigned to Grantee to provide Solid Waste Handling services within the Franchise area.

V. GRANTEE. "Grantee" means Mid-Valley Disposal, LLC, a California Limited Liability Company.

W. GREEN WASTE. "Green Waste" means discarded Solid Waste consisting of grass clippings, leaves, branches, tree trunks and other vegetative matter not more than six (6) inches in diameter or four (4) feet in length.
32 X. GROSS RECEIPTS.
(1) "Gross Receipts" means all monies received by Grantee for providing the Solid Waste Handling services specified in its Franchise Agreement. (2) "Gross Receipts Less Disposal Charges" means Gross Receipts less that part of the monies received by the Grantee that are collected from Customers for payment of the fee imposed for disposing of the Solid Waste at a Solid Waste Facility.

Y. HAZARDOUS WASTE. "Hazardous Waste" means any waste material or mixture of waste which is toxic, corrosive, flammable, an irritant, a strong sensitizer, or which generates pressure through decomposition, heat or other means, if such waste or mixture of waste may cause substantial personal injury, serious illness or harm to humans, domestic animals or wildlife during or as a proximate result of any disposal of such waste or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the California Health and Safety Code and Title 22 of California Code of Regulations, Section 66261.3. The terms "toxic," "corrosive," "flammable," irritant," and "strong sensitizer" shall be given the same meaning as in the California Hazardous Substances Act (Chapter 12, commencing with Section 28740.1, Division 21 of the California Health and Safety Code).

Z. MANAGER. "Manager" means the City Manager of the City of Farmersville, or designee of City Manager.

AA. MATERIALS RECOVERY FACILITY. "Materials recovery facility" or "MRF" is a facility designed to remove recyclables and other valuable materials from the waste stream collected through a residential, commercial or industrial Solid Waste Handling program that is approved to operate by the appropriate state and local agencies.

BB.MULTI-JURISDICTION LOAD REPORT. "Multi-Jurisdiction Load Report" means a report which sets out the amount, and place of collection, of Solid Waste delivered to the City Solid Waste Disposal System.

CC. ORGANIC MATERIAL. "Organic Material" means Green Waste and Food Waste which are specifically accepted at an organics processing facility. No Discarded Material shall be considered to be Organic Materials, however, unless it is separated from Solid Waste and Recyclable Material.

DD. PERSON. "Person" includes, without limitation, individuals, associations, clubs, societies, firms, partnerships, joint ventures, sole proprietorships, corporations, limited liability companies, schools, colleges and all governmental agencies and entities.

EE. PROCESSING. "Processing" means the reduction, separation, recovery, conversion or recycling of Solid Waste.

FF. PROHIBITED CONTAINER CONTAMINANTS. "Prohibited Container Contaminants" means (i) items placed in the Blue Container that are not identified as acceptable Recyclable Materials; (ii) items placed in the Green Container that are not identified as acceptable organic waste; (iii) items placed in the Gray Container that are 33 acceptable to be placed in City's Green Container and/or Blue Container; and (iv) Excluded Waste placed in any Container.

GG. RATES. "Rate" or "Rates" means rates charged by City of Farmersville or by Grantee, as applicable, to Customers for Solid Waste Handling Services provided.

HH. RECYCLABLE MATERIALS. "Recyclable Materials" means discarded Solid Waste which may be sorted, cleansed, treated, processed, and/or reconstituted, and which is segregated for the purpose of reuse or recycling, including, but not limited to, separated paper, glass, cardboard, plastic, ferrous materials or aluminum.

Il. RESIDUAL SOLID WASTE. "Residual Solid Waste" means the solid waste destined for disposal, transformation, further transfer/processing as defined in section 17402(a)(30) or (31) of the California Code of Regulations Title 14, Article 6, which remains after processing has taken place.

JJ. SB 1383. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.

KK. SECURITY. "Security" means a corporate surety bond, a letter of credit or other security device acceptable to City, as provided in Section 9-F.

LL. SOLID WASTE. Except as provided in sub-subsections (1), (2), (3) and (4), "Solid Waste" means all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances (subject to salvage and other special handling requirements under applicable law and regulation), dewatered, treated, or chemically fixed sewage sludge which is not Hazardous Waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, including Recyclable Materials and Green Waste.
(1) "Solid Waste" does not include Hazardous Waste and does not include low-level radioactive waste regulated under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code. (2) "Solid Waste" does not include medical waste (except treated medical waste) which is regulated pursuant to the Medical Waste Management Act (Chapter 6.1 (commencing with Section 25015) of Division 20 of the California Health and Safety Code).
(3) Solid Waste does not include petroleum or a petroleum product or fraction thereof at reasonably detectable levels, asbestos and, with respect to a particular Solid Waste Facility, any waste or material which a regulatory agency, the Facility's solid waste facility permit or City policy, does not allow to be accepted for transfer, Processing, composting, transformation or disposal at that Facility. 34 (4) Solid Waste does not include items which would be Recyclable Materials but for the fact that they are personally separated from other Solid Waste by the generator thereof and are donated or sold to third parties. For purposes of this section, no donation or sale shall be deemed to have occurred in any instance where a generator directly or indirectly pays the third party any sum (including without limit as a consulting fee, container rental or other fees or tangible consideration) either: (i) in lieu of being directly charged for collecting, transporting, processing or recycling such item; or (ii) to offset the payment to the generator for the purported sale of such item to the third party. Nor shall the receipt of a discount of, or reduction in, the disposal service rate on un- segregated Solid Waste containing such an item be deemed to be the donation or sale of such an item to a third party.

MM. SOLID WASTE FACILITY. "Solid Waste Facility" means any facility that is designed to manage any type of Solid Waste and includes transfer, Processing, composting, transformation and disposal facilities.

NN. SOLID WASTE FACILITY FEE. "Solid Waste Facility Fee" means the fee charged for use of a Solid Waste Facility.

OO. SOLID WASTE HANDLING. "Solid Waste Handling" means one or more of the following:
the collection of Solid Waste from a commercial, residential, construction or industrial source; the transportation of such Solid Waste to a Solid Waste Facility; and the transfer, Processing, composting, transformation or disposal of such Solid Waste at the Solid Waste PP. SPECIAL WASTES. "Special Wastes" means all the items and materials which are designated as such in a Franchise Agreement.

QQ. TRANSFORMATION. "Transformation" as used in this Agreement shall have the same meaning as set forth in Public Resources Code Section 40201, as it may be amended from time to time.
35 EXHIBIT "D" - FEES
Residential Service Effective 7/1/2022*
Single Family Unit, per month $25.05
Multi-Family Unit, per unit $25.05
Additional Automated Can/month $16.49
Contamination 1st occurance $15.00
Contamination 2nd occurance $25.00
Commercial Trash Rates: Effective 4/1/2022**
96 Gallon Cart Serviced 1 time per week $25.00
96 Gallon Cart Serviced 2 times per week $48.00
2 Yard Bin container, serviced 1 time per week $98.00
2 Yard Bin container, serviced 2 times per week $157.00 3 Yard Bin container, serviced 1 time per week $120.00
3 Yard Bin container, serviced 2 times per week $197.00 3 Yard Bin container, serviced 3 times per week $268.00 6 Yard Bin container, serviced 1 time per week $195.00
6 Yard Bin container, serviced 2 times per week $379.00 Commercial Recycling Rates:
96 Gallon Cart Serviced 1 time per week $12.00
96 Gallon Cart Serviced 2 times per week $21.00
2 Yard Bin container, serviced 1 time per week $42.70
2 Yard Bin container, serviced 2 times per week $72.00
3 Yard Bin container, serviced 1 time per week $59.00
3 Yard Bin container, serviced 2 times per week $103.00 6 Yard Bin container, serviced 1 time per week $98.00
6 Yard Bin container, serviced 2 times per week $187.00 Commercial Organics Rates:
96 Gallon Cart, serviced 1 time per week $21.00
96 Gallon Cart, serviced 2 time per week $37.75
2 Yard Bin container, serviced 1 time per week $71.00
2 Yard Bin container, serviced 2 times per week $119.00 Contamination
Bin Contamniation 1st occurance $25.00
Bin Contamniation 2nd occurance $40.00
30 Yard Roll-Off Container, per load Contract direct for service with Mid Valley Disposal
* Adjust each year through 2025 based on proposition 218 notice sent to residents adopted in February of 2021. Adjust based on Consumer Price Idex formula thereafter beginning July 1, 2026. ** Rates will be increased each year, beginning July 1st, 2023 by the Consumer Price Index formula 36 EXHIBIT B

INSURANCE REQUIREMENTS

EXHIBIT B - INSURANCE REQUIREMENTS

RISK MATRIX
&

INSURANCE

LANGUAGE

YORK RISK SERVICES
Revised July 2019,

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Table of Contents
Exhibit 1: Risk Matrix Definitions.... .. 1
Exhibit 2: Risk Matrix .................................. ..... 2 Category 1 "Low Risk".. ... 3
Category 2 "Intermediate Risk"…... 4
Category 3 "High Risk" 6
Exhibit 3: Ancillary Coverage Requirements..

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Exhibit 1
Risk Matrix Definitions
(Determine Risk Category by evaluating all factors that could increase the agency's liability for that particular project. Once Risk Category is determined, utilize Exhibit 2 to select insurance terms.) Risk Category Risk Level Examples
1 Low Vending machine providers
• Facilities use
: : Specialevents
Some professional service providers
General contracts
2 Intermediate • Construction contracts
Some professional service providers
• Technology consultants
• Facilities use
• Special events
3 High • Major construction contracts
Garbage haulers
• Some professional service providers
Other Undefined
: Custin in urace
Custom insurance requirements needed

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Exhibit 2
Risk Matrix
('+" = Limits may need to increase for Risk Categories 2 & 3, depending on the project.) Risk
Workers' Compensation General Liability Auto Liability
Category
$2,000,000 per occurrence
1 Statutory (may accept $1,000,000 per
occurrence for lower risks) $2,000,000
Employer's Liability $1,000,000 Combined Single Limit
$4,000,000 (may accept $1,000,000 for
general aggregate lower risks)
$1,000,000
products/completed
operations aggregate
$2,000,000+
2 Statutory per occurrence
$2,000,000+
Employer's Liability $1,000,000 $4,000,000+ Combined Single Limit general aggregate
$2,000,000+
products/completed
operations aggregate
$5,000,000+
3 Statutory per occurrence
$5,000,000+
Employer's Liability $1,000,000 $10,000,000+ Combined Single Limit general aggregate
$5,000,000+
products/completed
operations aggregate
Consult with Consult with Consult with
Other Risk Management Risk Management Risk Management
Professionals Professionals Professionals

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Language Templates for Risk Categories 1-3

1. Category 1 "Low Risk"
Insurance Requirements
i. Commercial General Liability
a. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
c. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident. iii. Workers' Compensation and Employers' Liability

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a. Vendor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. iv. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.

2. Category 2 "Intermediate Risk"
Insurance Requirements
i. Commercial General Liability
Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall

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be twice the required occurrence limit. Vendor's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required. b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
c. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. Coverage shall contain a waiver of subrogation in favor of the City. ii. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than two million dollars ($2,000,000) per accident. ili. Workers' Compensation and Employers' Liability
a. Vendor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. iv. All Coverages
a. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.

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b. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
c. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.

The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
d. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VIl or higher. e. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a "per subcontractor" or "per consultant" basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Vendor.

3. Category 3 "High Risk"
Insurance Requirements
i. Commercial General Liability
a. Vendor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Vendor's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction projects, an endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37 (or equivalent), is also required.

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b. Any failure to comply with reporting provisions of the policies by Vendor shall not affect coverage provided the City.
c. Coverage shall state that Vendor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
d. Coverage shall contain a waiver of subrogation in favor of the City. il. Business Automobile Liability
a. Vendor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than five million dollars ($5,000,000) per accident. ili. Workers' Compensation and Employers' Liability
a. Vendor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Vendor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. iv. All Coverages
f. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days' prior written notice shall apply in the event of cancellation for nonpayment of premium.
g. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
h. Evidence of Insurance - Prior to commencement of work, the Vendor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above.

The Vendor must agree to provide complete, certified copies of all required insurance policies if requested by the City.

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i. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VIl or higher. j. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a "per subcontractor" or "per consultant" basis, considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Vendor.

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Exhibit 3
Ancillary Coverage Requirements
Professional Pollution Builders Aircraft Cyber Installation Contract Activity Involved Liability Liability Risk Liability Liability Floater Construction or
Remodeling Projects -
Construction or x
remodeling projects
Hazardous or Waste
Materials - Removal of
asbestos or lead-based
paint; or the use,
application, transport,
removal, cleanup, or
disposal of hazardous X
material in quantities of
100 gallons or more; or the
disposal, treatment,
transport, or storage of
waste.

Installation of Equipment
Professional Service
Provider - Services from an
accountant, architect,
attorney, claims
administration firm,
consultant, insurance x
broker, engineer, financial
advisor, medical
professional, or other
person who maintains a
professional license.

Technology Vendor x
Use of Aircraft or
Helicopter

Page 49 ends

1. The following are suggested insurance language if Ancillary Coverages are recommended. Please consult with the Risk Manager for customized limits and language for specific circumstances.
a. Aircraft Liability Insurance
i. Aircraft liability insurance coverage shall provide limits of $5,000,000 - $10,000,000 per accident.

The policy shall be endorsed to include the City, its officers, employees, and agents as additional insureds.
b. Builders Risk Insurance
i. Contractor shall obtain and maintain Builders Risk/Course of Construction insurance. Policy shall be provided for replacement value on an "all-risk" basis, including earthquake and flood. The City shall be named as Loss Payee on the policy and there shall be no coinsurance penalty provision in any such policy.

Policy must include: (1) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures, and all other properties constituting a part of the project; (2) "Installation Floater" coverage with limits sufficient to insure the full replacement value of any property or equipment stored either on or off the project site. Such insurance shall be on a form acceptable to City to ensure adequacy of terms and limits.

Contractor shall not be required to maintain property insurance for any portion of the Project following transfer of control thereof to City. c. Cyber Liability Insurance
Cyber Liability Insurance with limits not less than $1,000,000 per claim. ii. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion, and network security.

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ili. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties, and credit monitoring expenses with limits sufficient to respond to these obligations.
d. Pollution Liability Insurance
Pollution Coverage shall be provided for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than two million dollars ($2,000,000) per claim. All activities contemplated in this agreement shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

The policy shall be endorsed to include the City, its officers, employees, and agents as insureds.
e. Professional Liability Insurance
i. Contractor shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Contractor agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.

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CITY OF
City Council
Staff Report 8B
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: April 11, 2022
SUBJECT: Review and provide direction on City Logo designs RECOMMENDED ACTION:

Recommend that the City Council provide direction on City Logo options and a public survey.

BACKGROUND and DISCUSSION:

In January, the City Council reviewed some preliminary options for a new City Logo and provided recommendations for other variations. At this time, staff recommends that the Council determine if these designs should be included in a public survey and also include the unofficial logo that has been used for the last several years.

ATTACHMENT(S):

City Logo Artwork Options

CITY OF FARMERSVILLE CITY OF FARMERSVILLE
* * *

CALIFORNIA CALIFORNIA

CITY OF FARMERSVILLE
*

CALIFORNIA
ELEMENT MEDIA SOLUTIONS Client: The City of Farmersville Print Specs: Vector File for Print Output Date: 12-22-21 Title: Logo Update Design
Job#: 2112_1691
OK Not Approved PLEASE check this proof carefully for errors and omissions. Your signature constitutes full

APPROVAL OK
with corrections Show New Proof responsibilly for all errors, omissions and legal and ethical compliance in this document.

ELEMENT MEDIA SOLUTIONS Will not accept liability for errors overlooked at this stage of Initial proofing,
Date

FINAL MECHANICAL

CITY OF

RMERSVILLE
City Council
Staff Report 8C
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: April 11, 2022
SUBJECT: Review of March 20, 2020, Local Emergency Declaration & AB 361 and Teleconferenced Meetings
RECOMMENDED ACTION:

Review the March 20, 2020, Local Emergency Declaration as previously adopted by Resolution 2020-010 and Urgency Ordinance 501; and review AB 361 related to teleconference meetings.

BACKGROUND and DISCUSSION:

On March 20, 2020, a local state of emergency was declared by the Farmersville emergency services coordinator and subsequently ratified by the Farmersville City Council by Resolution 2020-010 on March 23, 2020. The Council also adopted Urgency Ordinance 501 authorizing the City Manager to implement whatever necessary actions needed to comply with any federal or state requirements and to take actions that were to provide for the health and welfare of the community. Pursuant to Government Code Section 8630, the local emergency shall be reviewed at least once every 60 days. The Council last reviewed the local emergency at the February 14, 2022, City Council meeting.

Many other jurisdictions have or are in the process of terminating their Local Emergency Declaration as the Governor has lifted almost all of the restrictions regarding the pandemic including mask mandates and social distancing. Also, the City Manager no longer needs to enact or enforce emergency policies regarding business regulations or public gatherings.

As the Governor has rescinded most of his executive orders and the City Manager no longer has the need to use emergency powers on behalf of the City, there does not seem to be an imminent safety risk to attendees, which is a required finding to continue with teleconference meetings pursuant to AB 361.

Therefore, it is staff's recommendation that the City Council not renew the Local Emergency Declaration and resume with in person meetings effective immediately.

ATTACHMENT(S):

Resolution 2020-010
Urgency Ordinance 501
AB 361
URGENCY ORDINANCE 501

AN URGENCY ORDINANCE OF THE CITY OF FARMERSVILLE

RELATING TO AUTHORIZATION OF THE CITY MANAGER PERTAINING TO ESSENTIAL SERVICES FOR A LOCAL EMERGENCY (COVID-19)
The City Council of the City of Farmersville does ordain as follows:

WHEREAS, the COVID-19 novel coronavirus is a respiratory disease that may result in serious illness or death and is easily transmittable from person to person; and WHEREAS, The California Emergency Services Act (Ca. Gov. Code §§8639, 8550, et seq) defines a local emergency as the existence of conditions of disaster or of extreme peril to the safety of person and property within the territorial limits of a city, caused by conditions such as an epidemic, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of a city, and require the combined forces of other political subdivisions to combat; and WHEREAS, Ca. Government Code §36937 authorizes "immediate" ordinances (not requiring posting) for limited instances, including "immediate preservation of public peace, health or safety;" and
WHEREAS, Ca. Government Code §38791 authorize a city to provide for the "chief executive" who shall have "complete authority and the right to exercise all police power vested in the city by the constitution and general laws," and there is no language in the City of Farmersville Municipal Code which provides for the authorization allowed under this Government Code section.

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FARMERSVILLE HEREBY ORDAINS AS FOLLOWS:

SECTION 1. Recognizes the State of Emergency declared by the State of California and the County of Tulare.

SECTION 2. Adopts Urgency Ordinance 501 expanding the authority of the City Manager, or designee, to include discretionary authority to immediately implement whatever necessary actions are authorized or required by the Municipal Code, the Tulare County Health and Human Services Office, and the State of California and/or Federal government, including, but not limited to: (1) Declaring which businesses and/or services may be "essential," as well as consideration of operating decisions over those businesses; (2) Authorizing the use of City assets for health care, testing, or other emergency availability; (3) authorizing the ability to make quick purchasing/contracting decisions without constraint of the procurement policy; and (4) other general actions as necessary and/or required in order to meet the demand of the City in providing for the health and welfare of it's citizens during the time of the declared emergency.

SECTION 3. The local emergency shall be deemed to continue to exist and shall be reviewed at least once every 60 days until its termination is proclaimed by the City Council per Government Code §8630.

SECTION 4. This authority shall become effective immediately pursuant to Ca.

Government Code §36937, but shall otherwise be posted.

I, the undersigned, hereby certify that the foregoing Urgency Ordinance No. 501, was duly approved and adopted by the CITY COUNCIL OF THE CITY OF FARMERSVILLE on March 23, 2020 following a roll call vote:

Ayes: Vasquez, Macareno, Hernandez, Bayer, Gomez.

Noes:

Absent:
mayor ragon ome
ATTEST:

MACORI ORATED
Nockelle butt;
Rochelle Giovani, City Clerk
Farmersuille
1980

6. RESOLUTION NO: 2020-010

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FARMERSVILLE RATIFYING THE CITY OF FARMERSVILLE

EMERGENCY DECLARATION PREPARED AND ISSUED VIA PRESS
RELEASE ON MARCH 20, 2020
WHEREAS, The California Emergency Services Act (Ca. Gov. Code §§8639, 8550, et seq) defines a local emergency as the existence of conditions of disaster or of extreme peril to the safety of person and property within the territorial limits of a city, caused by conditions such as an epidemic, which are or are likely to be beyond the control of the services, personnel, equipment and facilities of a city, and require the combined forces of other political subdivisions to combat; and
WHEREAS, Ca. Government Code §8630 empowers the City Council to designate by ordinance a local official with the power to proclaim a local emergency when the City Council is not in session; and
WHEREAS, the City of Farmersville Municipal Code §2.28 references the City's policies and codes regarding City Services during a declared emergency; and WHEREAS, the City of Farmersville Municipal Code §2.28.100 provides that "the position of emergency services coordinator shall be combined with that of the position of chief of police/fire;" and
WHEREAS, Ca. Government Code §36937 authorizes "immediate" ordinances (not requiring posting) for limited instances, including "immediate preservation of public peace, health or safety;" and
WHEREAS, Ca. Government Code §38791 authorize a city to provide for the "chief executive" who shall have "complete authority and the right to exercise all police power vested in the city by the constitution and general laws," and there is no language in the City of Farmersville Municipal Code which provides for the authorization allowed under this Government Code section.

WHEREAS, the COVID-19 coronavirus pandemic has led to the State of California declaring a State of Emergency on March 4, 2020; and
WHEREAS, Tulare County followed suit in declaring a State of Emergency on or about March 10, 2020; and
WHEREAS, quarantines and self-isolation are currently in effect for hundreds of individuals in Tulare County, and a Statewide stay-at-home order has been declared by the State of California; and
WHEREAS, the City of Farmersville declared a State of Emergency on March 20, 2020 via a press release issued by the emergency services coordinator; and WHEREAS, the Declaration shall help facilitate coordination of local, state, and federal resources and may enable the City of Farmersville to seek reimbursement for costs associated with efforts to meet County, State and Federal requirements; and WHEREAS, per Government Code §8630, the Declaration must be ratified by the City Council within seven (7) days of issuance in order to remain in full force and effect; and WHEREAS, the primary concern of the City of Farmersville is the health and welfare of it's citizens; and
WHEREAS, the health and welfare of the citizens of the City of Farmersville will be enhanced by expanding the authority of the City Manager during the time of a declared emergency:

NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF FARMERSVILLE HEREBY:

1. Recognizes the State of Emergency declared by the State of California and the County of Tulare; and

2. Ratifies the City of Farmersville Emergency Declaration prepared and issued via press release on March 20, 2020, a copy of which is attached as Exhibit A; and

3. The local emergency shall be deemed to continue to exist and shall be reviewed at least once every 60 days until its termination is proclaimed by the City Council per Government Code §8630.
1, the undersigned, hereby certify that the foregoing Resolution No. 2020-010 was duly approved and adopted by the CITY COUNCIL OF THE CITY OF FARMERSVILLE on March 23, 2020 following a roll call vote:

Ayes: Vasquez, Hemandez, Macareno, Boyer, Gomez
Noes:

Absent:

Mayor Gregorio Gomez
ATTEST:

Kaduele aut
Rochelle Giovani, City Clerk armersville
OCTOBER 1900
Farmersville Police Department
Press Release
Date: 03-20-2020
Information: City of Farmersville Emergency Declaration The City of Farmersville has declared a local emergency to deal with the Covid-19 pandemic.

This emergency will allow the city to deal with the rapidly evolving challenges to protect public health and safety related to the spread of COVID-19. The City joins the State of California with the Governors Proclamation of a Statewide Stay at Home Order and encourages all of its residents to follow the directives given by the Governor, State Health Officials, and County Health Officials.

As we continue to monitor the effects of COVID-19 (Coronavirus), the safety of our residents, and staff remains our highest priority. As provided for in the City of Farmersville Municipal Code Chapter 2.28 and through its Emergency Operation Plan, the Director of Emergency Operations, Chief Mario Krstic; in line with California Governor Newsom's March 19, 2020, Proclamation of a State wide Stay at Home order and his March 04, 2020 State of Emergency; has declared a local state of emergency in the City of Farmersville. This declaration is scheduled to be ratified by Resolution of the Farmersville City Council as an item at their regularly scheduled meeting held Monday, March 23, 2020 at 6:00 p.m.

Mario Krstic, Chief of Police
City of Farmersville
Exhibit A

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
Assembly Bill No. 361
CHAPTER 165
An act to add and repeal Section 89305.6 of the Education Code, and to amend, repeal, and add Section 54953 of, and to add and repeal Section 11133 of, the Government Code, relating to open meetings, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST
AB 361, Robert Rivas. Open meetings: state and local agencies:
teleconferences.
(1) Existing law, the Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public and that all persons be permitted to attend and participate. The act contains specified provisions regarding the timelines for posting an agenda and providing for the ability of the public to directly address the legislative body on any item of interest to the public.

The act generally requires all regular and special meetings of the legislative body be held within the boundaries of the territory over which the local agency exercises jurisdiction, subject to certain exceptions. The act allows for meetings to occur via teleconferencing subject to certain requirements, particularly that the legislative body notice each teleconference location of each member that will be participating in the public meeting, that each teleconference location be accessible to the public, that members of the public be allowed to address the legislative body at each teleconference location, that the legislative body post an agenda at each teleconference location, and that at least a quorum of the legislative body participate from locations within the boundaries of the local agency's jurisdiction. The act provides an exemption to the jurisdictional requirement for health authorities, as defined. The act authorizes the district attorney or any interested person, subject to certain provisions, to commence an action by mandamus or injunction for the purpose of obtaining a judicial determination that specified actions taken by a legislative body are null and void.

Existing law, the California Emergency Services Act, authorizes the Governor, or the Director of Emergency Services when the governor is inaccessible, to proclaim a state of emergency under specified circumstances Executive Order No. N-29-20 suspends the Ralph M. Brown Act's requirements for teleconferencing during the COVID-19 pandemic provided that notice and accessibility requirements are met, the public members are allowed to observe and address the legislative body at the meeting, and that a legislative body of a local agency has a procedure for receiving and swiftly 92 resolving requests for reasonable accommodation for individuals with disabilities, as specified.

This bill, until January 1, 2024, would authorize a local agency to use teleconterencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state or local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees, as provided.

This bill would require legislative bodies that hold teleconferenced meetings under these abbreviated teleconferencing procedures to give notice ot the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body. The bill would require the legislative body to take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments, until public access is restored. The bill would specify that actions taken during the disruption are subject to challenge proceedings, as specified This bill would prohibit the legislative, body from requiring public comments to be submitted in advance of the meeting and would specify that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time. The bill would prohibit the legislative body from closing the public comment period and the opportunity to register to provide public comment, until the public comment period has elapsed or until a reasonable amount of time has elapsed, as specified. When there is a continuing state of emergency, or when state or local officials have imposed or recommended measures to promote social dıstancing, the bill would require a legislative body to make specified findings not later than 30 days after the first teleconferenced meeting pursuant to these provisions, and to make those findings every 30 days thereafter, in order to continue to meet under these abbreviated teleconferencing procedures.

Existing law prohibits a legislative body from requiring, as a condition to attend a meeting, a person to register the person's name, or to provide other information, or to fulfill any condition precedent to the person's 92 This bill would exclude from that prohibition, a registration requirement imposed by a third-party internet website or other online platform not under the control of the legislative body.
(2) Existing law, the Bagley-Keene Open Meeting Act, requires, with specited exceptions, that all meetings of a state body be open and public and all persons be permitted to attend any meeting of a state body. The act requires at least one member of the state body to be physically present at the location specified in the notice of the meeting.

The Governor's Executive Order No. N-29-20 suspends the requirements of the Bagley-Keene Open Meeting Act for teleconferencing during the COVID-19 pandemic, provided that notice and accessibility requirements are met, the public members are allowed to observe and address the state body at the meeting, and that a state body has a procedure for receiving and swiftly resolving requests for reasonable accommodation for individuals with disabilities, as specified
This bill, until January 31, 2022, would authorize, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body. With respect to a state body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the state body at each teleconference location. Under the bill, a state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the state body allow members of the public to attend the meeting and offer public comment. The bill would require that each state body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge state bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided
(3) Existing law establishes the various campuses of the California State University under the administration of the Trustees of the California State University, and authorizes the establishment of student body organizations in connection with the operations of California State University campuses.

The Gloria Romero Open Meetings Act of 2000 generally requires a legislative body, as defined, of a student body organization to conduct its business in a meeting that is open and public. The act authorizes the legislative body to use teleconferencing, as defined, for the benefit of the public and the legislative body in connection with any meeting or proceeding authorized by law.

This bill, until January 31, 2022
notice and accessibility squirme, is, a legistarve suy at to sedi for purposes of the act, to hold public meetings through teleconferencing and 92 Ch. 165 -4-
to make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body. With respect to a legislative body holding a public meeting pursuant to these provisions, the bill would suspend certain requirements of existing law, including the requirements that each teleconference location be accessible to the public and that members of the public be able to address the legislative body at each teleconference location.

Under the bill, a legislative body that holds a meeting teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically would satisfy any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. The bill would require that each legislative body that holds a meeting through teleconferencing provide notice of the meeting, and post the agenda, as provided. The bill would urge legislative bodies utilizing these teleconferencing procedures in the bill to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to existing law, as provided.
(4) This bill would declare the Legislature's intent, consistent with the Governor's Executive Order No. N-29-20, to improve and enhance public access to state and local agency meetings during the COVID-19 pandemic and future emergencies by allowing broader access through teleconferencing (5) This bill would incorporate additional changes to Section 54953 of the Government Code proposed by AB 339 to be operative only if this bill and AB 339 are enacted and this bill is enacted last.
(6) The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect. (7) Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect. (8) This bill would declare that it is to take effect immediately as an urgency statute.

The people of the State of California do enact as follows:

SECTION 1. Section 89305.6 is added to the Education Code, to read:
89305.6. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and (e), a legislative body may hold public meetings through teleconferencing 92 - 5- Ch. 165
and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the legislative body.
(b) (1) For a legislative body holding a public meeting through teleconterencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the legislative body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
(2) For a legislative body holding a public meeting through teleconferencing pursuant to this section, all of the following requirements in this article are suspended:
(A) Each teleconference location from which a member will be participating in a public meeting or proceeding be identified in the notice and agenda of the public meeting or proceeding
(B) Each teleconference location be accessible to the public. (C) Members of the public may address the legislative body at each teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the legislative body be physically present at the location specified in the notice of the meeting.
(c) A legislative body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the legislative body allow members of the public to attend the meeting and offer public comment. A legislative body need no make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a legislative body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the legislative body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each legislative ody that holds a meeting through teleconferencing pursuant to this sectio hall do both of the following
(1) Give advance notice of the time of, and post the agenda for, each ublic meeting according to the timeframes otherwise prescribed by thi article, and using the means otherwise prescribed by this article, a applicable.
92 Ch. 165 - 6-
(2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the elective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a legislative body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the legislative body's internet website
(t) All legislative bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to provisions of this article, in order to maximize transparency and provide the public access to legislative body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed
SEC. 2. Section 11133 is added to the Government Code, to read:
11133. (a) Notwithstanding any other provision of this article, and subject to the notice and accessibility requirements in subdivisions (d) and make public meetings accessible telephonically, or otherwise electronically, to all members of the public seeking to observe and to address the state body.
(b) (1) For a state body holding a public meeting through teleconferencing pursuant to this section, all requirements in this article requiring the physical presence of members, the clerk or other personnel of the state body, or the public, as a condition of participation in or quorum for a public meeting, are hereby suspended.
2) ant to state body, aldon he tube meeting thrugh teleconferencing A) Each teleconterence location
participating in a puttie me gator ceding be idented be ill be and agenda of the public meeting or proceeding.
) Me tele of relocat on be as to hate body at each
teleconference conference location.
(D) Post agendas at all teleconference locations.
(E) At least one member of the state body be physically present at the location specified in the notice of the meeting.
(c) A state body that holds a meeting through teleconferencing and allows members of the public to observe and address the meeting telephonically 92 — 7- Ch. 165
or otherwise electronically, consistent with the notice and accessibility requirements in subdivisions (d) and (e), shall have satisfied any requirement that the state body allow members of the public to attend the meeting and offer public comment. A state body need not make available any physical location from which members of the public may observe the meeting and offer public comment.
(d) If a state body holds a meeting through teleconferencing pursuant to this section and allows members of the public to observe and address the meeting telephonically or otherwise electronically, the state body shall also do both of the following:
(1) Implement a procedure for receiving and swiftly resolving requests for reasonable modification or accommodation from individuals with disabilities, consistent with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), and resolving any doubt whatsoever in favor of accessibility.
(2) Advertise that procedure each time notice is given of the means by which members of the public may observe the meeting and offer public comment, pursuant to paragraph (2) of subdivision (e).
(e) Except to the extent this section provides otherwise, each state body that holds a meeting through teleconferencing pursuant to this section shall do both of the following:
(1) Give advance notice of the time of, and post the agenda for, each public meeting according to the timeframes otherwise prescribed by this article, and using the means otherwise prescribed by this article, as (2) In each instance in which notice of the time of the meeting is otherwise given or the agenda for the meeting is otherwise posted, also give notice of the means by which members of the public may observe the meeting and offer public comment. As to any instance in which there is a change in the means of public observation and comment, or any instance prior to the effective date of this section in which the time of the meeting has been noticed or the agenda for the meeting has been posted without also including notice of the means of public observation and comment, a state body may satisfy this requirement by advertising the means of public observation and comment using the most rapid means of communication available at the time. Advertising the means of public observation and comment using the most rapid means of communication available at the time shall include, but need not be limited to, posting such means on the state body's internet website.
(f) All state bodies utilizing the teleconferencing procedures in this section are urged to use sound discretion and to make reasonable efforts to adhere as closely as reasonably possible to the otherwise applicable provisions of this article, in order to maximize transparency and provide the public access to state body meetings.
(g) This section shall remain in effect only until January 31, 2022, and as of that date is repealed.

SEC. 3. Section 54953 of the Government Code is amended to read:
92 Ch. 165 - 8 -
54953. (a) All metings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting ot the legıslative body of a local agency, except as otherwise provided in this chapter.
(b) (1) Notwithstanding any other provision of law, the legislative body of a local agency may use teleconferencing for the benefit of the public and the legislative body of a local agency in connection with any meeting or proceeding authorized by law. The teleconferenced meeting or proceeding shall comply with all otherwise applicable requirements of this chapter and all otherwise applicable provisions of law relating to a specific type of meeting or proceeding.
(2) Teleconferencing, as authorized by this section, may be used for all purposes in connection with any meeting within the subject matter jurisdiction of the legislative body. All votes taken during a teleconferenced meeting shall be by rollcall.
(3) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations and conduct teleconference metings in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislatıve body of a local agency. Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding, and each teleconference location shall be accessible to the public. During the teleconference, at least a quorum of the members of the legislative body Shall partıcıpate trom locations within the bondaries of the territory over which the local agency exercises jurisdiction, except as provided in subdıvısions (d) and (e). The agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3 at each teleconference location.
(4) For the purposes of this section, "teleconference" means a meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both.

Nothing in this section shall prohibit a local agency from providing the public with additional teleconference locations.
(c) (1) No legislative body shall take action by secret ballot, whether preliminary or final.
(2) The legislative body of a local agency shall publicly report any actior taken and the vote or abstention on that action of each member present for (3) Prior to taking final action, the legislative body shall orally report a summary of a recommendation for a final action on the salaries, salary schedules, or comensation paid in the form of fringe benefits of a local agency executive, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken. This paragraph shall not affect the public's right under the California Public Records Áct (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) to inspect or copy records created or received in the process of developing the recommendation.
92 - 9- Ch. 165
(d) (1) Notwithstanding the provisions relating to a quorum in paragraph 3) ot subdivision (b), it a health authority conducts a teleconference meeting nembers who are outside the jurisdiction of the authority may be counted toward the establishment of a quorum when participating in the teleconterence if at least 50 percent of the number of members that would establish a quorum are present within the boundaries of the territory over which the authority exercises jurisdiction, and the health authority provides a teleconference number, and associated access codes, if any, that allows any person to call in to participate in the meeting and the number and access codes are identified in the notice and agenda of the meeting. (2) Nothing in this subdivision shall be construed as discouraging health authority members from regularly meeting at a common physical site within the jurisdiction of the authority or from using teleconference locations within or near the jurisdiction of the authority. A teleconference meeting for which a quorum is established pursuant to this subdivision shall be subject to all other requirements of this section.
(3) For purposes of this subdivision, a health authority means any entity created pursuant to Sections 14018.7, 14087.31, 14087.35, 14087.36, 14087.38, and 14087.9605 of the Welfare and Institutions Code, any joint powers authority created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 for the purpose of contracting pursuant to Section 14087.3 of the Welfare and Institutions Code, and any advisory committee to a county-sponsored health plan licensed pursuant to Chapter

2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code if the advisory committee has 12 or more members.
(e) (1) A local agency may use teleconferencing without complying with the requirements of paragraph (3) of subdivision (b) if the legisiative body complies with the requirements of paragraph (2) of this subdivision in any of the following circumstances:
(A) The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
(B) The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(C) The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote, pursuant to subparagraph (B), that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
(2) A legislative body that holds a meeting pursuant to this subdivision shall do all of the following:
(A) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(B) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to Section 54954.3. 92 In each instance in which notice of the time of the teleconferenced meeting is otherwise given or the agenda for the meeting is otherwise posted, the legislative body shall also give notice of the means by which members of the public may access the meeting and offer public comment. The agenda shall identify and include an opportunity for all persons to attend via a call-in option or an internet-based service option. This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment.
(C) The legislative body shall conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body of a local agency. (D) In the event of a disruption which prevents the public agency from broadcasting the meeting to members of the public using the call-in option or internet-based service option, or in the event of a disruption within the local agency's control which prevents members of the public from offering public comments using the call-in option or internet-based service option, the body shall take no further action on items appearing on the meeting agenda until public access to the meeting via the call-in option or internet-based service option is restored. Actions taken on agenda items during a disruption which prevents the public agency from broadcasting the meeting may be challenged pursuant to Section 54960.1.
(E) The legislative body shall not require public
submitted in advance of the meeting and must provide an opportunity for the public to address the legislative body and offer comment in real time.

This subparagraph shall not be construed to require the legislative body to provide a physical location from which the public may attend or comment. (F) Notwithstanding Section 54953.3, an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate. (G) (1) A legislative body that provides a timed public comment perioc or each agenda item shall not close the public comment period for the agenda item, or the opportunity to register, pursuant to subparagraph (F), to provide public comment until that timed public comment period has (i) A legislative body that does not provide a timed public comment period, but takes public comment separately on each agenda item, shall allow a reasonable amount of time per agenda item to allow public members the opportunity to provide public comment, including time for members of 92 CITY OF
City Council
Staff Report 8D
TO: Honorable Mayor and City Council
FROM: Jennifer Gomez, City Manager
DATE: April 11, 2022
SUBJECT: Authorization to advertise Farmersville Community Park Phase 4 - Freedom Field project for bidding purposes
RECOMMENDED ACTION:

It is respectfully recommended that the City Council authorize staff to advertise the Farmersville Community Park Phase 4 - Freedom Field project for bidding purposes.

BACKGROUND and DISCUSSION:

On June 21, 2021, The City of Farmersville received the fully executed grant agreement for the acceptance of a $1,944,034.00 grant through the Urban Greening Grant Program, plus a City match of $255,000 to complete the Farmersville Community Park Phase 4 - Freedom Field.

The project will expand Farmersville's partially developed community park (sports park) by approximately 2.33 acres to transform barren space into passive recreational green space. The Freedom Field development will include planting approximately 50 trees, native shrubs, decomposed granite pathways, open native turf area, tot lot, stormwater capture elements, accessible parking area, community plaza, and other amenities.

On September 13, 2021, the City Council awarded architectural, landscaping, and engineering design services to Sierra Designs. Plans are nearing completion, and this project will soon be ready to bid for construction.

Due to supply chain issues in recent months and an escalation in costs, the estimated Project Costs have climbed to $3,020,000 far exceeding the funded amount. In order to meet the scope requirements of the grant, staff has increased the total City contribution to $1,025,000 using Cannabis Business Tax funds and Park Improvement funds which have been identified in the proposed Capital Improvement Plan for next fiscal year.

At this time, staff requests that the City Council authorize the advertising of this project for bidding purposes.

FISCAL IMPACT:

The grant amount is $1,944,034 with an additional City match of $625,000 of Cannabis Business Tax funds and $400,000 of Park Improvements funds for an estimated total of $3,020,000 for this entire project.

Farmersville City CouncilApril 11, 2022

Farmersville City Council
April 11, 2022