Business Day after its receipt of notice from a Customer, or the City Manager, to respond to a reported failure to provide Franchise Service as required by the terms of this Agreement. Missed pick-ups shall be picked up no later than 4:00 p.m. the following normal business day, provided materials are placed in appropriate Containers and left in approved Collection locations.
C. SB 1383 Related Complaints. If Franchisee receives a complaint in which a person reports an activity that may be in violation of SB 1383 regulatory requirements, Franchisee shall document the information and notify the City for enforcement. Franchisee shall provide this information in a brief complaint report to the City for each SB 1383 non-compliance complaint within seven (7) days of receipt of such complaint and shall provide a quarterly summary report of SB 1383 noncompliance complaints. Upon request, Franchisee shall provide the Cities with documentation or information related to such complaints from records it is required to maintain under this Agreement.
D. Annual Review of Performance and Quality of Service. At the Cities’ sole option, with thirty (30) days’ written notification to the Franchisee, it may conduct a public hearing at which the Franchisee will be present and will participate, to review the Franchisee’s performance and quality of service and provide for evaluation of technological and regulatory changes. The reports required by the Agreement regarding Customer complaints may be utilized as a basis for review.
Performance and service quality review hearings may be scheduled by any of the Cities at its discretion throughout the Term of this Agreement. Within thirty (30) days after the conclusion of the public hearing, the City will issue a report on the adequacy of performance and quality of service. If any noncompliance with this Agreement is found, the City may direct the Franchisee to correct the inadequacies in accordance with the terms of this Agreement.
E. Liquidated Damages for Failure to Meet Requirements of Franchise. The City Manager may assess liquidated damages in the amounts listed below for Franchisee’s failure to meet the requirements of this Agreement. The City Manager’s decision to assess such liquidated damages shall not be deemed an election of remedies but shall be cumulative with any other remedies provided for in this Agreement or in Applicable Law. The City Manager may impose the fines listed below for the corresponding deficiency in performance by the Franchisee as its sole remedy for Franchisee’s breaches under this Section:
1. Failure to correct a missed service by 4:00 p.m. of the next Business Day of notice of the missed service: $100 per occurrence;
2. Failure to provide Containers to Residential Customers within seven (7) days of initial subscription to service or request for replacement of Container: $100 per day;
3. Failure to repair or replace any Container by 4:00 p.m. of the seventh (7th) day after notification by City or the Customer of the necessity thereof: $50 per occurrence;
4. Undertaking Collection operations earlier than 5:00 a.m. or later than 5:00 p.m.1:
$100 per day (not per Customer);
5. Failure to maintain Collection vehicles in neat and orderly manner, after notice by the City Manager and reasonable time to cure: $100 per day; 1 If a collection vehicle experiences a breakdown, it may run until 7:00 p.m. to finish a route. 117
6. Failure to document a response to a Customer complaint or request within 48 hours of resolution: $100 per occurrence;
7. Franchisee imposes a special service not in accordance with Agreement or not requested by the Customer: $100 per occurrence;
8. Failure to clean up spillage or litter during Collection activity created by driver or truck: $100 per occurrence;
9. Failure to remit any fees due to City by the 25th of the month: $100 per occurrence;
10. Penalty assessed for each day (after the 5th notice day) Franchisee does not provide required reports, provided City had provided five days’ written notice to Franchisee of a report being past due: $100 per day;
11. Failure to resolve a billing complaint within 30 working days from the complaint:
$50 per occurrence; each additional day problem not resolved: $50;
12. Assessment when Franchisee receives more than 25 service-related complaints in one month, excluding those where Franchisee has determined the complaint to be without merit and those types of complaints that are addressed in other liquidated damage items in this section:
$500;
13. Failure to tag with a contamination notice those materials not collected due to contamination or inappropriately prepared: $100 per occurrence.
City must make a claim for liquidated damages within 90 days of the underlying event. Any damages due under this section shall be compensated to the City(s). The parties agree that the City’s actual damages upon the Franchisee’s breach of any of the above described requirements of this Agreement would be difficult or impossible to ascertain, and that the liquidated damages provided for above represent the reasonable endeavor of the parties to agree on the amount of such damages, and such liquidated damages are intended to place the City in an economic position equivalent to that which it would have been if the described breach had not occurred, and that such liquidated damages are not a penalty, and shall constitute the only damages payable by the Franchisee to the City for each such singular breach event. The obligation to pay such liquidated damages shall not impair or limit the obligation of the Franchisee to the City under any other provision of this Franchise.
SECTION 6.10 REPORT OF ABANDONED MATERIALS
Franchisee shall report to the City locations where Franchisee vehicle drivers or other personnel observed accumulations of abandoned material. Such reporting shall occur within twenty-four (24) hours of observation and shall be in the form of an email to the City Manager or their designee identifying the address of the abandoned materials, a general description of the items abandoned, estimated quantity, and if available, a photo of the materials. If the Franchisee removes and Collects such materials in accordance with Section 5.07.C, Franchisee shall document and maintain a record of the Tons of materials removed from each site.
SECTION 6.11 NON-DISCRIMINATION
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Franchisee shall not discriminate in the provision of service or the employment of persons engaged in performance of this Agreement on account of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, or sex of such persons or as otherwise prohibited by law or regulation. The Franchisee’s Rates, fees, or charges for all services rendered pursuant to this Agreement shall be non-discriminatory and uniform for equal services rendered.
SECTION 6.12 EMERGENCY CONTACT
The Franchisee shall provide the City Manager with an emergency phone number where the Franchisee can be reached in person, not by voicemail, at all times, twenty-four (24) hours per day.
Article VII.
STANDARDS OF PERFORMANCE
SECTION 7.01 PROPERTIES, FACILITIES, AND EQUIPMENT
A. General. Franchisee shall acquire and maintain at its own cost and expense Franchisee Operating Assets which in number, nature, and capacity, shall be sufficient to enable the Franchisee to provide Franchise Services in accordance with the terms hereof. Franchisee shall maintain all its properties, facilities and equipment used in providing service under this Agreement in a safe, neat and clean and operable condition at all times.
B. Insurance. The Franchisee shall at all times during the Term of this Agreement, at its own cost and expense, obtain and maintain insurance in accordance with Appendix F.
SECTION 7.02 VEHICLES
A. General. All vehicles used by the Franchisee in providing Collection services shall be registered with the California Department of Motor Vehicles and inspected by the California Highway Patrol at frequency required by the state, and shall meet or exceed all legal standards including, but not limited to, 14 CCR Section 17341 et. seq. Vehicles shall be operated in compliance with the California Vehicle Code, 14 CCR, Division 7, Chapters 3, Article 5.
Franchisee agrees to operate and maintain all its vehicles in compliance with the provisions of Applicable Law and regulations, including but not limited to, California Vehicle Code. All vehicles shall comply with the specification requirements in accordance with Appendix A.
B. Inventory. Franchisee shall furnish sufficient equipment to provide all services required under this Agreement, including backup Collection vehicles. Franchisee shall furnish the Cities a written inventory of all vehicles, including Collection vehicles, used in providing service, upon request. The inventory shall list all vehicles by manufacturer, Franchisee identification number, Authority tare weight number, if applicable, date of acquisition, depreciated life, type, and capacity.
C. Storage. Franchisee shall arrange to store all vehicles and other equipment in safe and secure location(s) in accordance with Cities’ applicable zoning regulations.
D. Access to Private Property. Franchisee shall close all gates after making Collections and shall avoid crossing private or public planting areas and grounds or jumping over hedges and 119
fences.
E. Vehicle Backing. Franchisee shall use all reasonable means to minimize any backing of Collection vehicles on public streets.
F. Spills and Leaks Prevention. Each Collection vehicle shall be designed so that Discarded Materials will not blow, fall or leak out of truck on the street. All Discarded Materials shall be transported by means of vehicles equipped with leak-resistant bodies fitted with close fitting covers. Vehicles shall be equipped with a mechanical cover or tarp, that is adequate to cover and prevent Discarded Materials from blowing out of the vehicle. In the event that a spill or leak of Franchise Materials occurs during the Collection process, Franchisee shall immediately, upon the occurrence, clean up the spill or leak.
G. Load Limits. Franchisee shall not load vehicles in excess of the manufacture’s recommendations or limitations imposed by State or local weight restrictions on vehicles.
H. Vehicle Inspection by Cities. All trucks used in the Collection and transportation of Discarded Materials may be inspected at such time and place as designated by the City Manager.
The City Manager may schedule an annual inspection for randomly selected trucks operated by Franchisee. The City Manager may revoke the use of any truck that fails to meet the requirements of this Agreement, and such truck shall not be used for the Collection or transportation of Discarded Materials until the issue has been corrected to the satisfaction of the City Manager.
Revocation of the right to use a truck shall not excuse the Franchisee from performing any of its obligations under this Agreement.
SECTION 7.03 CONTAINERS
A. General. Franchisee shall provide industry standard Containers used for storage of Discarded Materials to all Customers. Containers shall meet all applicable federal regulations on Solid Waste generation safety and shall comply with the specification requirements in accordance with Appendix A.
B. Maintenance and Repair Requirements. The Franchisee shall provide Containers to Customers as designated in Appendix A. Franchisee shall be responsible for the general maintenance and repair of Containers provided to Customers. The Franchisee shall repair or replace at its own expense, any Container provided by the Franchisee which becomes unusable by any reason of normal wear and tear or is damaged by the Collection operations. The Franchisee shall charge the Customer the Container replacement charge designated in Appendix B for replacement or repair of Containers which are stolen or damaged by an event not caused by the Franchisee. Such repair, replacement, or a temporary service solution shall occur within five (5) Business Days following notification to the Franchisee of the need for a new Container. Once annually, Franchisee shall provide bin cleaning for Customer requesting such service at no additional cost. Cart Customers can request such service at a Rate specified in Appendix B.
C. Containers after Termination. At the end of the Term or earlier termination of the Franchise, the City shall have the right to purchase all or none of the Containers owned and utilized by the Franchisee to provide services under this Agreement. In the event that the City elects to exercise such option to purchase, the purchase price payable by the City with respect to each Container that it elects to purchase shall be the then-current book value of such Container, plus Franchisee’s removal and delivery fees.
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The Franchisee shall be responsible, at its own cost and expense, for the removal of any Containers which the City does not elect to purchase.
SECTION 7.04 DIVERSION REQUIREMENTS
A. Diversion Goal. In the event that CalRecycle determines that the any of the Cities have failed to meet the City’s applicable annual Diversion goal(s), and such failure resulted from Franchisee’s breach of this Agreement, Franchisee shall submit a plan to the City no later than two (2) months after the City provides notice of CalRecycle’s determination of non-compliance which details additional steps and/or programs the Franchisee shall implement to assist the City with achieving the City’s Diversion requirements, as well as the increased costs for which the Franchisee would be reimbursed. The plan shall include:
1. A summary of additional Diversion improvement activities that the Franchisee can implement within its current programs without additional cost to the Customers (i.e., changes to public outreach messages, City Code changes, improved enforcement of Habitual Contaminators); and
2. A summary of new or enhanced infrastructure or other Diversion improving activities or programs that could achieve the goal but would potentially require an increase to Customer Service Fees, and estimated Rate impacts to Customers for each option.
Franchisee, City Manager and the City’s contract administrator shall meet to discuss the plan, and the City Manager shall decide the most appropriate option to implement to increase Customer Diversion levels.
B. Diversion Credit, Not Disposal. Diverted Tonnage shall be Tonnage Collected and taken to a permitted transfer/processing facility for recovery, permitted composting facility, or other permitted recovery facility. Diversion achieved by transformation (conversion to energy) shall be credited toward reaching the Cities Diversion goals only to the extent that the State grants Diversion credit to the Cities.
Article VIII.
RECORD KEEPING AND REPORTING
SECTION 8.01 ACCOUNTING AND RECORDS
Franchisee shall compile and maintain records related to its performance under this Agreement as necessary to develop the reports required by this Agreement. Franchisee agrees to conduct data collection, information and record keeping, and reporting activities needed to comply with and to meet the reporting and Discarded Materials program management needs of the Cities, AB 939, AB 341, SB 1383, other Applicable Laws, and the requirements of this Agreement.
Record keeping and reporting requirements specified in this Agreement shall not be considered limiting or necessarily complete. In particular, it is intended to highlight the general nature of records and reports and their minimum content and is not meant to comprehensively define the scope and content of the records and reports. Upon written direction or approval of Cities, the records and reports required by Franchisee in accordance with this and other Articles of the 121
Agreement shall be adjusted in number, format, or frequency. Franchisee shall maintain all records necessary to allow the Cities to determine Franchisee’s compliance with the terms of the Agreement and compliance with the performance standards presented in this Agreement. The records shall be maintained in a manner that allows for easy verification of Franchisee’s performance.
A. Maintenance and Audit of Records. The Franchisee shall maintain in its principal office full and complete financial and accounting records prepared on an accrual basis in accordance with generally accepted accounting principles. To the extent such records are necessary for the Cities to verify Franchise compliance with this Agreement, such records shall be subject to audit and inspection by the Cities and its authorized officers, agents or employees, at any reasonable time at the Franchisee’s principal office; provided, however, that nothing in this Agreement shall require Franchisee to permit City or its authorized officers, agents or employees to copy or otherwise take possession in any manner of any of Franchisee’s confidential information, proprietary information, trade secrets, or any other protected intellectual property of Franchisee (“Franchisee Intellectual Property”). In the event that the City utilizes any third party that is not an officer or employee of the City in such audit or inspection, such third party shall execute a reasonable non-disclosure agreement to protect Franchise Intellectual Property prior to any such audit or inspection. The gross receipts derived from the Franchise Services under this Franchise, whether such services are performed by the Franchisee or by a subcontractor or sub-contractors, shall be recorded as revenues in the accounts of the Franchisee. The Franchisee shall maintain and preserve all Disposal records for a period of not less than three (3) years following the expiration or termination of the Franchise.
B. Delivery of Financial Reports to Cities. At the request of any of the Cities’ City Manager, the Franchisee shall furnish, by April 15 of each year, at Franchisee’s sole cost and expense, complete annual financial statements of the Franchisee and/or the Franchisee’s corporate parent to the City Manager.
C. Customer Information Database. The Franchisee shall maintain a database which specifies the service address of each Customer within the Franchise Area, the service classification applicable to each Premise, and any special services provided to such Premises. The Franchisee shall provide the following information upon request:
1. The complaint/resolution log required to be maintained by the Franchisee,
2. Record of missed pickups,
3. Records of Container delivery,
4. Route identification,
5. Container servicing, and
6. Tagging notices for contamination, placement, or other reasons.
SECTION 8.02 MONITORING AND REPORTING
A. Records. The Franchisee shall maintain in its local office records for the City which reflect records required to conduct its operations, to support requests it may make to City, and to respond to requests from City. It is necessary for Franchisee to maintain accurate, detailed financial and operational information in a consistent format and to make such information available to the City at a reasonable time, and in accordance with reporting requirements specified in this Article. Some necessary records are as follows:
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1. Gray/Black Container Waste collected and disposed under the terms of this Franchise;
2. Blue Container Waste Collected and, if available from the processor, Blue Container Waste purchased, processed, sold, donated or given for no compensation, and Residue disposed; and
3. Green Container Waste, Wood Waste and/or Food Waste materials Collected and, if available from the processor, Green Container Waste received, purchased, processed, sold, donated, or given for no compensation, and Residue disposed.
Quantities by type of Blue Container Waste collected by Franchisee may be determined by estimates based on load sampling to characterize the contents of each commingled material load, using a sample protocol established by mutual agreement of Cities and Franchisee. Said records shall be subject to the inspection provisions described in Section 8.03.
B. Waste Disposal and Characterization Studies. The Franchisee shall cooperate with and assist the Cities in the performance of annual waste Disposal and characterization studies.
C. Collection Monitoring. The Franchisee shall monitor its Collection of Gray/Black Container Waste, Blue Container Waste, and Green Container Waste to assist in identifying occurrences of and reducing contamination of Blue Container Waste and Green Container Waste, the latter in particular for plastic and other inorganics. Up to twice per year, the Franchisee shall allow a person designated by the City Manager to ride with the Franchisee Collection vehicles on any route or routes. The City Manager will inform the Franchisee at least one (1) week in advance prior to date of route monitoring.
D. Reporting. The Franchisee shall submit all reports to the City Manager in accordance with Appendix H, Reporting Requirements:
1. Monthly Report Submittals: Monthly reports shall be submitted no later than the 25th of the month following the reporting period.
2. Quarterly Report Submittals: Quarterly reports shall be submitted no later than the 25th of the month following the end of the quarter.
3. Additional Reports: The Franchisee shall furnish the Cities with financial reports pursuant to Section 8.01 and any additional monthly or annual reports as may be required to set forth all information required under SB 1383. Said reports shall be in the form required by the Cities and shall categorize Recycling and Diversion activity in the manner required by the Cities.
SECTION 8.03 INSPECTION
The Cities shall have the right to inspect or review Franchisee’s service levels and Disposal records, payroll tax reports, specific documents required specifically or by inference pursuant to this Agreement. The Franchisee shall make them available at the Franchisee’s local office at any time during regular business hours for inspection and audit by any or all of the Cities during the Term of this Franchise and for a period of three (3) years following the expiration or termination of the Franchise.
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Franchisee agrees that the records of any and all companies conducting operations addressed in the Agreement shall be provided or made available to Cities and its official representatives for review. The Cities, its auditors and other agents selected by the Cities, shall have the right, during regular business hours, to schedule on-site inspections and review of the records that Franchisee is required to maintain under this Agreement.
SECTION 8.04 RESEARCH AND DEVELOPMENT
Franchisee agrees to take a proactive approach on its own initiative and, in addition, to cooperate with the Cities and the Authority in pursuing new technologies, management techniques and markets through pilot programs or other similar activities to improve cost efficiencies and product quality and to increase material recovery from the Collection and processing services described herein. The Franchisee and the Cities, by mutual agreement, will determine the scope of work, timing, costs, and reimbursement, if any, due to Franchisee to accomplish the purposes of this paragraph. The Franchisee shall provide the Cities, on request, with a written summary report identifying the results and conclusions of such research or pilot programs. If Franchisee deems such information proprietary or containing trade secret information, the Cities shall keep it confidential. In the context of the objectives of this paragraph, the Franchisee will meet with the Cities, as requested, to evaluate the performance of the Franchise Services and to examine new market opportunities for the processed materials produced by the Franchise Services.
Article IX.
CUSTOMER RATES AND SERVICE COSTS
SECTION 9.01 CUSTOMER RATES
Cities shall be responsible for ratifying the Rate caps proposed by the Franchisee set forth in Appendix B (the “Customer Rates” or “Rates”). The Rates that the Cities may bill Customers through the Rate Year ending June 30, 2026, shall not exceed the maximum amounts set forth in Appendix B, as they may be adjusted hereunder.
SECTION 9.02 ANNUAL CUSTOMER RATES AND SERVICE COSTS
ADJUSTMENTS
The Customer Rate for each type of service defined under Section 5 shall be composed of “Cost Components” 1-6 listed under Section 9.03 below.
Beginning the Rate Year starting July 1, 2026, and on the same date annually thereafter (the “Adjustment Date”), the individual Cost Components shall be adjusted as provided in Section
9.03.B. The Franchisee shall submit its maximum “Rate Adjustment” request in writing directly to Cities on or before April 1st of each succeeding year for review and is subject to ratification by each of the City Councils by resolution. Failure to submit a written request by April 1st of each year shall result in the Franchisee waiving the right to request such an increase for the subsequent Rate Year. Missed Rate Adjustments shall not be added to Rate Adjustment applications in ensuing years. The maximum Rates shall account for decreases in Cost Components.
SECTION 9.03 COST COMPONENTS AND RATE ADJUSTMENT INDEXES The approved maximum Customer Rates consist of base Rates and ancillary Rates, as they are 124
identified in Appendix B. The approved base Rates consist of the following Cost Components, followed by the initial weightings of each component. Each Cost Component may be adjusted by the change in the corresponding index as provided by law. All such adjustments are subject to ratification by each City Council by resolution.
A. Base Rate Cost Components. The base Rates are comprised of six (6) Cost Components as follows: (1) Service Fee, (2) Disposal Fee, (3) AB 939 Program Fee, (4) Organic Waste Processing Fee, (5) Recyclables Processing Fee (for third party processors), and (6) Franchise Fee.
The initial amount of each Cost Component for each base Rate is set forth below.
Franchisee has designated certain costs that are closely related to the Cost Components. Such Cost Components are provided below:
Franchisee’s Fees
1. Service Fee:
a. All labor and labor related costs
b. All primary and secondary fixed equipment costs
c. All primary and secondary variable costs
d. Operations support costs, such as sales, general and administrative costs, allocation of costs charged from other entities working for Franchisee related to this Agreement and profit.
e. Transportation costs to and from collection routes to Designated Disposal or Processing Facilities.
Pass-Through Fees
2. Disposal Fee: Tip fees and other applicable surcharges and fees at the Designated Transfer and Disposal Facilities for the Disposal Franchise Solid Waste
3. AB 939 Program Fee: Fees imposed by the Authority and other governmental authorities, other than the Disposal Fees and Organic Waste Processing Fee
4. Organic Waste Processing Fee: Tip fees and other applicable surcharges and fees at the Designated Transfer and Processing Facilities for Franchise Organic Waste
5. Recyclables Processing Fee: Tipping fees and related charges for processing of mixed Residential and Commercial curbside Recycling performed by Franchisee.
6. Franchise Fee: The Franchise Fee percentage, set forth in Section 9.04, on the fees in 1- 5 above.
B. Annual Adjustments for Cost Components
1. Service Fee. The Cost Indicator of this Cost Component is the Consumer Price Index for All Urban Consumers: Garbage and Trash Collection Services, Series ID CUSR0000SEHG02 (“CPI”), as published by the Bureau of Labor Statistics. The Franchisee will calculate the annual adjustment based upon the percentage increase for the previous twelve months using the February index, with fee adjustments taking effect on July 1 of each year. The CPI percentage increase will then be multiplied by the current year’s approved Service Fee. Each time the fees are modified, the revised fee becomes the basis for subsequent CPI adjustments. Notwithstanding anything contrary set forth in these terms, the service fee shall never be less than the service fee for the year prior, and the February index that last resulted in an increase will be used as the starting point for future calculations.
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If the Franchisee seeks an increase in the CPI variable unit price exceeding five percent (5%), based on the criteria above, the Franchisee will provide financial information demonstrating that the variable costs have exceeded the CPI percentage. In the event the Franchisee is unable to demonstrate, the Cities reserve the right to withhold a portion of the CPI adjustment above 5%.
If the CPI is discontinued or revised during the Term by the United States Department of Labor, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the CPI had not been discontinued or revised.
2. Disposal Fee. The Cost Indicator for this Cost Component are the actual published landfill tip fees for the effective year and other applicable surcharges and fees at the Designated Transfer and Disposal Facilities to dispose of Franchise Solid Waste. Therefore, by April 30 of each year, Franchisee will determine its projected Disposal Tip Fees for the Agreement year ending the upcoming June 30 as well as the projected Disposal Tip Fees for the Agreement year ending the next upcoming June 30. The year-over-year percentage increase from the current year to the next will be the annual percentage change. The percentage will then be multiplied by the current year’s approved Disposal Fee. Each time the fees are modified, the revised fee becomes the basis for subsequent adjustments.
3. AB 939 Program Fee. The Cost Indicator for this Cost Component are the actual fees imposed by the Authority and other governmental authorities, other than the Disposal Tip Fees and Organic Waste processing fees, regarding the Franchise Services (the “Governmental Fees”). Therefore, by April of each year, Franchisee will determine its projected Governmental Fees for the Agreement year ending the upcoming June 30 as well as the projected Governmental Fees for the Agreement year ending the next upcoming June 30. The year-over-year percentage increase from the current year to the next will be the annual percentage change. The percentage will then be multiplied by the current year’s approved AB 939 Program Fee. Each time the fees are modified, the revised fee becomes the basis for subsequent adjustments.
4. Organic Waste Processing Fee. The Cost Indicator for this Cost Component are the actual tip fees and other applicable surcharges and fees at the Designated Transfer and Processing Facilities to receive and process of Franchise Organic Waste (“Organics Tip Fees”). Therefore, by April of each year, Franchisee will determine its projected Organics Tip Fees for the Agreement year ending the upcoming June 30 as well as the projected Organics Tip Fees for the Agreement year ending the next upcoming June 30. The year-over-year percentage increase from the current year to the next will be the annual percentage change. The percentage will then be multiplied by the current year’s approved Organic Waste Processing Fee. Each time the fees are modified, the revised fee becomes the basis for subsequent adjustments.
5. Recyclables Processing Fee. The Cost Indicator for this Cost Component are the actual tip fees and other applicable surcharges and fees at the Designated Recyclables Processing Facilities to receive and process Franchisee collected Recyclables (“Recyclables Processing Tip Fees”). Therefore, by April of each year, Franchisee will determine its projected Recyclables Processing Tip Fees for the Agreement year ending the upcoming June 30 as well as the projected Recyclables Processing Tip Fees for the Agreement year ending the next upcoming June 30. The year-over-year percentage increase from the current year to the next will be the annual percentage change. The percentage will then be multiplied by the current year’s approved Recyclables Processing Fee. Each time the fees are modified, the revised fee becomes the basis for subsequent adjustments.
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6. Franchise Fee. The Franchise Fee set forth in Section 9.04 may be modified by the Cities, at their sole and absolute discretion. Franchise Fees shall be retained by the Cities from Customer payments made to the Cities.
SECTION 9.04 FRANCHISE FEE
The Franchisee shall pay each Party to this Agreement a Franchise Fee equal to twenty percent (20%) of the gross amount of base Rate payments received from Customers.
Franchise Fees will be paid monthly, by the last day of the month following. The Cities may, at their sole discretion, seek to modify the Franchise Fee percentage; however, the Franchise Fee percentage shall only be increased upon written agreement of the Parties. In the event the Franchise Fee or any other Cities fees is determined by a court to be invalid or unenforceable, then Franchisee shall not be obligated to remit such invalidated Franchise Fee or other fee to the Cities. Cities and Franchisee will, as promptly as reasonably practicable following such court decision meet and confer to negotiate in good faith and using reasonable efforts to agree upon on adjustments to each of the Rates, which adjustments shall in the aggregate, as applied to Collection services, equal the amount of the Cities fees determined to be invalid or unenforceable. To the extent the Customers are entitled to a reimbursement of any invalid or unenforceable Cities fees, Cities will directly reimburse such Customers such Cities fees to the extent the same have been paid by such Customers either directly or indirectly (through Franchisee) to the Cities.
SECTION 9.05 CHANGES IN APPLICABLE LAW OR MARKET CONDITIONS In the event that a change in Applicable Law or change in market conditions occurs, including but not limited to lack of commercially reasonable market availability for a type of processed Franchise Recyclable Material, changes in market specifications affecting the salability of a type of processed Franchise Recyclable Material, or changes affecting the recyclability or marketability of a type of processed Franchised Recyclable Material (each a “Material Change”), this Agreement shall be modified or suspended as may be necessary to comply with, ameliorate, or prevent the detrimental effects on the Agreement of such Material Change. A party detrimentally affected by a Material Change shall so notify the other party and request amendment to this Agreement accordingly, and the parties shall engage in good faith negotiations regarding such amendments of this Agreement that reflect the extent to which the provisions hereof have been, or should be, so modified or suspended. If a Material Change precludes or reduces any of the Service Fees or other revenues, then the parties shall modify this Agreement in accordance with this provision in order that Franchisee can achieve, on an ongoing basis, profits that existed immediately prior to the Material Change.
SECTION 9.06 OTHER SERVICE FEE ADJUSTMENTS
The Service Fees shall, upon written request of Franchisee, be further adjusted on an interim basis for increased expenses or reduced revenue associated with performance of the services hereunder due to any one or more of the following causes:
1. Franchisee determines in good faith that the new or modified programs or processes are necessary to achieve improved Diversion;
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2. Material changes in Franchisee’s costs resulting from an Uncontrollable Circumstance (excluding Labor Disturbances);
3. Changes in the scope or method of services provided by Franchisee or changes in other fees required, initiated, or approved by the Cities;
4. Any change in Applicable Law that becomes effective after the date this Agreement is signed by a party; or
5. New or increased taxes, fees, charges, or surcharges of any kind or nature applicable to the services provided under this Agreement imposed by a governmental entity (excluding income taxes).
If Franchisee requests an adjustment due to a circumstance set forth above, Franchisee shall prepare a Rate adjustment request setting forth its calculation of the increased costs or reduced revenue and accompanying Rate adjustment necessary to offset such increased costs or reduced revenue. The Cities may request any and all documentation and data reasonably necessary to evaluate such request by Franchisee, and may retain, at its own expense, an independent third party to audit and review such documentation and such request. If such third party is retained, the Cities shall take reasonable steps, consistent with state law, to protect the confidential or proprietary nature of any data or information supplied by Franchisee. The Cities shall act within ninety (90) days of receipt of the request from Franchisee but shall approve the request if reasonably sufficient supporting information is provided.
Article X.
INDEMNITY, INSURANCE AND PERFORMANCE BOND
SECTION 10.01 INDEMNIFICATION OF CITIES
Franchisee agrees to and shall indemnify, defend, with counsel acceptable to the Cities, and hold harmless Cities, their officers, officials, employees, volunteers, agents and assigns (indemnitees) from and against any and all damages (whether special, general or punitive), loss, liability, fines, penalties, forfeitures, claims, demands, actions, proceedings or suits (whether administrative or judicial), in law or in equity, of every kind and description, (including, but not limited to, injury to and death of any person and damage to property, strict liability, product liability, or for contribution or indemnity claimed by third parties) (collectively, “Claims”) arising or resulting from or in any way connected with: (i) the willful misconduct or negligence of Franchisee, its agents, employees, and/or sub-Franchisees, in performing or failing to perform under this Agreement; (ii) the failure of the Franchisee, its agents, employees, and/or sub Franchisees to comply in all respects with Applicable Laws, ordinances and regulations, and/or applicable permits and licenses; (iii) the acts of Franchisee, its officers, employees, agents, and/or sub Franchisees in performing services under this Agreement for which strict liability is imposed by law; (iv) any action taken by the Cities upon a failure to Collect, transport, process or Dispose of Franchise Materials.
The foregoing indemnity shall apply regardless of whether such loss, liability, penalty, forfeiture, claim, demand, action, proceeding, suit, injury, death, or damage is also caused in part by any of the indemnitees’ negligence. However, the foregoing Franchisee obligations shall not apply to the extent Claims arise or are the result from an indemnitee’s negligence, willful misconduct or breach of this Agreement.
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A. AB 939 Indemnification of the City. Franchisee agrees to and shall indemnify to the extent permissible by law, defend, with counsel acceptable to the Cities, and hold harmless Cities, their officers, officials, employees, volunteers, agents and assigns (indemnitees) from and against any and all damage (whether special, general or punitive), loss, liability, fines, penalties, forfeitures, claims, demands, actions, proceedings or suits (whether administrative or judicial), in law or in equity, of every kind and description, (including, but not limited to, injury to and death of any person and damage to property, strict liability, or for contribution or indemnity claimed by third parties) arising or resulting from the failure of Cities to comply with the California Integrated Waste Management Act of 1989 (Division 30 of the California Public Resources Code), as amended, supplemented, superseded and replaced from time to time (AB 939); provided, however, the foregoing obligations shall only apply to the extent the City’s failure to comply with AB 939 was caused by a Franchisee breach of this Agreement.
SECTION 10.02 HAZARDOUS MATERIALS INDEMNIFICATION
Franchisee shall indemnify, defend with counsel reasonably acceptable to the Cities, protect and hold harmless the Cities, their officers, officials, employees, agents, assigns and any successor or successors to the Cities’ interest from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages) injuries, response mediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties attorney’s fees for the adverse party and expenses (including but not limited to attorney’s and expert witness fees and costs incurred in connection with defending against any of the forgoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the Cities or their officers, officials, employees, agents, assigns, or Franchisees arising from or attributable to acts or omissions including but not limited to any repair, cleanup, disposal 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 Substance or Hazardous Wastes at any place where the Franchisee transports, stores or disposes of Gray/Black Container Waste pursuant to this Agreement. The foregoing indemnity is also intended to operate as an agreement pursuant to Section 107(e) of CERCLA, 42 U.S.C. Section 9607(c) and California Health and Safety Code Section 25364, to defend, insure, protect, hold harmless and indemnify the City from liability. The foregoing indemnity shall not apply with respect to: (1) any Hazardous Waste or Hazardous Substance generated by the Cities or its agents and delivered by the Cities or its agents; (2) any materials delivered by Franchisee to a disposal facility or processing facility designated by the Cities that is not owned or operated by Franchisee, or (3) the disposal or release of Hazardous Substances or Hazardous Waste, which disposal or release has resulted from the negligence or willful misconduct of the Cities or its agents.
SECTION 10.03 PERFORMANCE BOND
Within ten (10) calendar days from the date the City Council of each City approves this Agreement, the Franchisee shall furnish to each City, and keep current throughout the term of this Agreement, a performance bond in a form substantially similar as set forth in the Appendix G which is included in and attached to this Agreement, for the faithful performance of this Agreement and all obligations arising hereunder in an amount as follows:
1. Franchisee shall maintain a performance bond throughout the Term of this Agreement in the amount of Two Million Dollars ($2,000,000). 129
2. The performance bond shall be executed by a surety company licensed to do business in the State of California, having an, A:VII or better rating, and approved by the Cities; and included on the list of surety companies approved by the Treasurer of the United States.
SECTION 10.04 FORFEITURE OF PERFORMANCE BOND
In the event Franchisee shall for any reason become unable to, or fail in any way to, perform as required by this Agreement, and after the opportunity to cure has passed, Cities may declare a portion or all of the performance bond which is necessary to recompense and make whole the Cities forfeited to the Cities. Upon partial or full forfeiture of the performance bond, Collector shall restore the performance bond equivalent to the forfeiture amount within thirty (30) days of the Cities’ declaration. Failure to maintain the performance bond at the required amount noted in Section 10.03 shall be a material breach of this Agreement.
Article XI.
DEFAULT AND REMEDIES
SECTION 11.01 REMEDIES FOR BREACH
The parties agree that, in the event that either party breached any obligation under this Agreement or any representation made by either party hereunder is untrue in any material respect, the other party shall have the right to take any action and seek any remedy at law or in equity it may have to enforce the payment of any damages for the performance of such other obligation hereunder.
The Franchisee acknowledges that the Cities intend to rely on the Franchisee to provide Franchise Materials Collection, transportation to the Designated Disposal Facility and/or Designated Processing Facility, Recycling and other services hereunder for the protection of the public health, safety and welfare, and that therefore the Cities may enforce any action for specific performance of the Franchisee’s obligations hereunder to provide the Franchise Services on the terms and conditions provided herein. Neither party shall have the right to terminate this Franchise for cause except after an Event of Default determined in accordance with the provisions of this Article shall have occurred and be continuing or unremedied.
SECTION 11.02 RIGHT OF THE CITIES TO PERFORM SERVICES IN CERTAIN
CIRCUMSTANCES
A. Franchisee Failure to Collect for any Reason. Should the Franchisee, for any reason whatsoever except an Uncontrollable Circumstance, fail, refuse or be unable to Collect, transport and Dispose of any or all Franchise Materials which it is herein obligated to Collect, transport and Dispose of in the time and manner and as herein in this Franchise provided, for a period of more than seventy-two (72) hours, or if in any lesser time period Franchise Materials should accumulate in the Cities to such an extent, in such manner, or for such time that the City Manager or City Council should find that such accumulation endangers or menaces the public health, safety or welfare, then, in any of those events, the Cities shall have the right, upon notice to the Franchisee, during such period, to take temporary possession of any or all of the Franchise Operating Assets necessary in the Collection, transportation, processing and Disposal of the Franchise Materials produced, kept or accumulated in the Cities, and to use such property to Collect, transport and dispose of any or all Franchise Materials which the Franchisee would otherwise be obligated to Collect, transport and dispose of pursuant to this Franchise. The Franchisee agrees that in such 130
event it will fully cooperate with Cities to affect such a transfer of possession of the Franchise Operating Assets for Cities use of the same for the Collection, transportation and Disposal of Franchise Materials. The Franchisee agrees that in such event, the Cities may take possession of and use all of the Franchise Operating Assets for the above-mentioned purposes except those which Franchisee utilizes for customers outside the Cities without paying the Franchisee or any other person any rental or any other charges or compensation whatsoever for such possession and use. The Cities may, in such circumstances, operate the Franchise Operating Assets with its employees or cause the Franchise Operating Assets to be operated by subcontractors to the Cities, or in the alternative, the Cities may arrange for a third-party contractor to provide the service that Franchisee fails or refuses to perform. Upon such time as Franchisee is able to resume the service, Franchisee shall notify the Cities and shall resume providing such service in accordance with the terms of this Agreement.
B. Franchisee Repair. The Franchisee further agrees that, in the circumstances described in Subsection A above, the Franchisee shall, if the Cities so request, keep in good repair and condition all of the Operating Assets, service all motor vehicles necessary for continued operations with gasoline, oil and other necessary service, and provide such other service as may be necessary to render the Operating Assets operational and ready for use in collecting and transporting and disposing of Franchise Materials, all free of any and all costs or expenses to the Cities.
C. Franchisee Resumption of Service. It is further agreed that the Cities, upon seven (7) days written notice, may at any time, at their discretion, relinquish possession of any or all of the Operating Assets to the Franchisee and thereupon demand that the Franchisee resume the Collection, transportation and Disposal of Franchise Materials as provided in this Agreement, whereupon the Franchisee shall be bound to resume the same.
D. City Performance Not a Taking. It is specifically understood and agreed that the Cities’ exercise of its rights under this Section:
1. Does not constitute a taking of private property for which payment must be made;
2. Shall not create any liability on the part of the Cities to the Franchisee; and
3. That the indemnity provisions of Section 10.01 of this Agreement are meant to include circumstances arising under this Section. However, (i) the Cities will be responsible for any damage to Franchisee Operating Assets while in the Cities’ possession or while being used by Cities, and will promptly make necessary repairs or replacement, and (ii) Cities will indemnify, defend and hold harmless Franchisee with respect to Claims arising from or related to Cities’ possession or operation of Franchisee Operating Assets.
E. Duration of City’s Rights. The Cities’ right hereof to retain temporary possession of the Operating Assets and to render Collection, transportation and Disposal services shall terminate at the earlier of:
1. The time when such services can, in the reasonable judgment of the Cities, be resumed by the Franchisee, or (if earlier),
2. The time when the Cities no longer reasonably require such Operating Assets, as determined by the Cities, or
3. The expiration of twelve (12) months from the date the Cities took possession, or
4. The Franchise can be re-let if, in the sole determination of the City, the Franchisee is no longer able to perform.
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F. Security for City’s Rights. Franchisee is required to provide a performance bond in order to secure the Cities’ rights under this Section. The Cities may (but shall not be required to) cure any default of Franchise in the manner described in Subsections A and B above and may then look to Franchisee or Franchisee’s performance bond for repayment.
SECTION 11.03 EVENTS OF DEFAULT OF FRANCHISEE
Events of default under this Agreement are set forth in paragraphs A through L below:
A. Failure to Peform. Franchisee fails or refuses to perform any term, covenant, obligaion or condition contained in this Agreement (except for those obligations for which liquidated damages may be assessed by the City in accordance with Section 6.09, for which assessment of liquidated damages shall be the City’s sole remedy). Additionally, Franchisee fails or refuses to perform in accordance with the Cities’ Codes or any of its material obligations under this Agreement, as it may be amended from time to time. Franchisee may refuse to provide service to Customers where, due to topography, geographical isolation, and/or accesslimitations or other conditions, reasonably determines that it would pose a risk of injury to employees or damage equipment.
B. Failure to Implement Collection Program. Franchisee fails to implement a Collection program that complies with the requirements of this Agreement.
C. Failure to Provide Processing Capacity and/or Achieve Processing Standards.
Franchisee fails to provide adequate processing capacity and/or achieve processing standards in accordance with this Agreement.
D. Failure to Comply with Other Requirements. Franchisee fails to comply with other requriements of the Agreement, incuding public education, reporting, contamination, monitoring, recordkeeping, or other obligation of this Agreement.
E. Misrepresentation. Any statement, representation, or disclosure made to the Cities by Franchisee in this Agreement or any future amendment to this Agreement, which proves to be false or misleading in any material respect.
F. Seizure or Attachment. A seizure or attachment (other than prejudgment attachment) or levy affecting possession on, the operating equipment and facilities of such corporation as to substantially impair the Franchisee’s ability to perform under this Agreement and which cannot be released, bonded or otherwise lifted within seventy-two (72) hours, excluding weekends and holidays.
G. Financial Insolvency. Franchisee files a voluntary petition for debt relief under any applicable bankruptcy, insolvency, debt relief, or other similar law or regulation now or herafter in affect, or consents to the appointment of or taking of possession by a receiver, liquidator, assignee, trustee, custodian, sequester for any part of the Franchisee’s Operating Assets or any substantial part of Franchisee’s creditors, or shall fail generally to pay Franchisee’s debts as they become due or shall take any action in furtherance of any of the foregoing.
H. Court Decisions. Any court having jurisdiction shall enter a decree or order appointing a receiver, liquidator, assignee, custodian, trustee, or sequestrator of the Franchisee or for any part of the Franchisee’s operating equipment or assets, or order the winding up or liquidation of the affairs of Franchisee.
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I. Fraud or Deceit. If Franchisee practices, or attempts to practice, any fraud or deceit upon Cities.
J. Failure to Maintain Coverage. If Franchisee fails to provide or maintain in full force and effect the insurance coverage requried by this Agreement.
K. Violation of Regulation. If Franchisee violates any permits, orders, or filing of any regulatory body having jurisdiction over Franchisee, which violation or non-compliance materially affects the Franchisee’s ability to perform under this Agreement, provided that Franchisee may contest any such orders or findings by appropriate proceedings conducted in good faith, in which case no breach of the Agreement shall be deemed to have occurred during the pendency of the contestation or appeal, to the extent Franchisee is able to adequately perform during that period.
L. Acts or Omissions. Any other act or omission by Franchisee which materially violate the terms, conditions, or requirements of this Agreement, AB 939, AB 341, AB 1826, AB 876, AB 901, and SB 1383, as it may be amended from time to time, or any order, directive, rule or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation.
M. Opportunity to Cure. Cites shall give Franchisee written notice of any alleged breach and Franchisee shall then have thirty (30) days after receiving such notice to cure, provided that where such breach cannot be cured within such thirty (30) day period, Franchisee shall not be in default of this Agreement if the Franchisee shall have commenced such action required to cure the particular default within ten (10) days after such notice, and it continues such performance diligently until completed within a reasonable time.
N. Enforcement Costs. The Franchisee agrees to pay to the Cities all fees and expenses incurred by or on behalf of the Cities and the Service Coordinator in enforcing payment or performance of the Franchisee’s obligations hereunder if such non-performance results in a judicially determined Event of Default by the Franchisee.
SECTION 11.04 EVENT OF DEFAULT BY THE CITIES
Each of the following shall constitute an Event of Default on the part of the Cities:
A. Failure to Pay. The failure of the Cities to pay undisputed amounts due and owing to the Franchisee under this Agreement within forty-five (45) days following receipt of a Franchisee invoice, therefore.
B. Other Failure to Perform. Failure or refusal of the Cities to perform any term, covenant, obligation or condition contained in this Agreement, except that no such failure or refusal shall give the Franchisee the right to terminate this Franchise under this Section unless:
1. The Franchisee has given prior written notice to the Cities, stating that a specific failure or refusal to perform exists which will, unless corrected, constitute a material breach of this Agreement on the part of the Cities and which will, in its opinion, give the Franchisee a right to terminate this Franchise for cause under this Section unless such default is corrected within fifteen (15) days; and
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2. The City has neither challenged in an appropriate forum the Franchisee’s conclusion that such failure or refusal to perform has occurred or constitutes a material breach of this Franchise nor corrected or diligently taken steps to correct such default within such fifteen (15) day period from receipt of the notice given pursuant to the clause (a) of this Subsection (but if the Cities shall have diligently taken steps to correct such default within a reasonable period of time, the same shall not constitute an Event of Default for as long as the Cities are continuing to take such steps to correct such default).
C. Enforcement Costs. The Cities agree to pay to the Franchisee all fees and expenses incurred by or on behalf of the Franchisee in enforcing payment or performance of the Cities’ obligations hereunder if such non-performance results in a judicially determined Event of Default by the Franchisee.
SECTION 11.05 NO WAIVERS
No action of the Cities or Franchisee pursuant to this Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall constitute a waiver by either party of the other party’s compliance with any term or provision of this Agreement. No course of dealing or delay by the Cities or Franchisee in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice such party’s rights, powers and remedies.
No single or partial exercise of (or failure to exercise) any right, power or remedy of the Cities of the Franchisee under this Agreement shall preclude any other or further exercise thereof or the exercise of any other right, power or remedy.
SECTION 11.06 NO CONSEQUENTIAL OR PUNITIVE DAMAGES
In no event shall either party hereto be liable to the other or obligated in any manner to pay to the other any special, incidental, consequential, punitive or similar damages based upon claims arising out of or in connection with the performance or non-performance of its obligations or otherwise under this Agreement, or the material inaccuracy of any representation made in this Agreement, whether such claims are based upon contract, tort, negligence, warranty or other legal theory.
SECTION 11.07 FORUM FOR DISPUTE RESOLUTION
It is the express intention of the parties that all legal actions and proceedings related to this Agreement or to the Franchise Services or to any rights or any relationship between the parties arising there from shall be solely and exclusively initiated and maintained in courts of the State of California in Monterey County or the United States of America having appropriate jurisdiction.
SECTION 11.08 ADMINISTRATIVE REVIEW OF DISPUTES
Either party hereto may give the other party written notice of any dispute with respect to this Agreement. Such notice shall specify a date and location for a meeting of the parties hereto at which such parties shall attempt to resolve such dispute. The Service Coordinator shall keep a record of the proceedings conducted and information presented during such meeting. In the event that such dispute cannot be resolved by the parties hereto within thirty (30) days or seven (7) days if it involves a dispute under Section 11.02 above, the matter may be referred by either party to Legal Proceedings. In the event either party has referred a dispute to any such proceeding, the Cities may not act to terminate this Agreement for cause except at the conclusion of the meeting of the parties held pursuant to this Section.
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SECTION 11.09 CRIMINAL ACTIVITY OF THE FRANCHISEE
Should the Franchisee or any of its officers or directors be “found guilty” of felonious conduct relating to the Franchise Services, or other felonious conduct involving: (1) a price fixing conspiracy in connection with Franchise Services, (2) intentional and illegal transport or Disposal of hazardous or toxic materials generated within the Cities, or (3) bribery of public officials, the Cities reserve the right:
1. To unilaterally terminate this Agreement; or
2. Exercise all other remedies available to the Cities as if Franchisee default had occurred; or
3. To impose such other sanctions (which may include financial sanctions, or any other condition deemed appropriate short of termination) as the Cities and Franchisee shall mutually agree. Such action shall be taken after the Franchisee has been given notice and an opportunity to present evidence in mitigation. The term “found guilty” shall be deemed to include any judicial determination that the Franchisee or any of its officers, directors or employees is guilty, and any admission of guilt by the Franchisee, or any of its officers, directors, or employees including, but not limited to, the pleas of “guilty”, “nolo contendere”, “no contest” or “guilty of a lesser felony” entered as part of any plea bargain. Notwithstanding the foregoing, if such officers, directors or employees are acting in their own behalf in their individual capacities as officers, directors or employees, the Franchisee shall dismiss or remove such officers, directors or employees and take all action necessary, and appropriate; in such event, the Franchisee will not be deemed in breach of this Agreement.
SECTION 11.10 RIGHT TO TERMINATE
Upon default by Franchisee under Section 11.03 and after any expired cure period in which the Franchisee has not cured the default, the Cities shall have the right to terminate this Agreement without need for any additional hearing, suit or legal action.
Article XII.
OTHER AGREEMENTS OF PARTIES
SECTION 12.01 RELATIONSHIP OF PARTIES
Neither party to this Agreement shall have any responsibility whatsoever with respect to services provided or contractual obligations or liabilities assumed by the other party hereto, whether accrued, absolute; contingent or otherwise, or whether due or to become due. The Franchisee is an independent Franchisee and franchise holder and nothing in this Agreement shall be deemed to constitute either party a partner, agent or legal representative of the other party or to create any fiduciary relationship between the parties.
SECTION 12.02 COMPLIANCE WITH LAW
The Franchisee shall comply with the rules and regulations governing the operation, use and services of the Designated Disposal Facility, and shall observe and perform all of the terms and 135
conditions contained in the State law, the Cities Municipal Codes and all other Applicable Law, shall obtain and maintain all Legal Entitlements required for the Operating Assets and the Franchise Services, and shall comply with all valid acts, rules, regulations, order and directions of any governmental body applicable to the Operating Assets and the Franchise Services provided hereunder.
SECTION 12.03 GOVERNING LAW
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California without giving effect to its conflict of law principles, and the United States of America.
SECTION 12.04 JURISDICTION
Any lawsuits between the Parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits.
With respect to venue, the Parties agree for purposes of both State and federal court action that this Agreement is made in and will be performed in the County of Monterey, State of California.
SECTION 12.05 BINDING ON SUCCESSORS
The provisions of this Agreement shall inure to the benefit to and be binding on the successors and permitted assigns of the Parties.
SECTION 12.06 PARTIES IN INTEREST
Nothing in this Agreement, whether expressed or implied, is intended to confer any rights on any Persons other than the Parties to it and their representatives, successors, and permitted assigns.
SECTION 12.07 FURTHER ASSURANCES
Each Party agrees to execute and deliver any instruments and to perform any acts as may be necessary or reasonably requested by the other in order to give full effect to this Agreement. The Parties agree to act reasonably in exercising any action, discretion, judgment, approval or extension of time that may be required to affect the purpose and intent of this Agreement.
Whenever the approval or consent of a Party is required under this Agreement such consent shall not be unreasonably withheld or delayed.
SECTION 12.08 FRANCHISEE’S INVESTIGATION
Franchisee has made an independent investigation, satisfactory to it, of the condition and circumstances surrounding the Agreement and the work to be performed.
SECTION 12.09 NOTICES
All notices, demands, requests, proposals, approvals, consents, and other communications which this Agreement require, authorize or contemplate, shall, except as otherwise specifically provided, be in writing, including electronic mail, at the address below, or deposited in the United States mail, first class postage prepaid, addressed to:
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City Manager
City of Gonzales
P.O. Box 647
147 Fourth Street
Gonzales, CA 93926
City Manager
City of Greenfield
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
City Manager
City of Soledad
248 Main Street
Soledad, CA 93960
Any notices or communications required or permitted hereunder to be given to the Franchisee shall be in writing, including electronic mail at:
Tom Parola, President
Tri-Cities Disposal and Recycling Services, Inc.
10 Ryan Ranch Road
Monterey, CA 93940
[email protected]
Changes in the respective addresses to which such notices may be directed may be made from time to time by any Party by written or electronic notice to the other Party. Notices and communications given by postal mail hereunder shall be deemed to have been given five (5) days after the date of dispatch; all other notices shall be deemed to have been given upon receipt.
SECTION 12.10 NOTICES OF LITIGATION
Each Party shall deliver written notice to the other of any Legal Proceeding to which it is a Party and which questions the validity or enforceability of this Agreement or any other related agreement executed by the Cities or the Franchisee or any Legal Entitlement issued in connection herewith.
SECTION 12.11 ACTIONS OF THE CITY IN ITS GOVERNMENTAL CAPACITY Nothing in this Agreement shall be interpreted as limiting the rights and obligations of the Cities in its governmental or regulatory capacity, or as limiting the right of the Franchisee to bring any legal action against the Cities, not based on this Agreement, arising out of any act or omission of the Cities in its governmental or regulatory capacity.
SECTION 12.12 AMENDMENTS
Neither this Agreement nor any provision hereof may be changed, modified, amended or waived except by written agreement duly executed by all Parties.
SECTION 12.13 INTERPRETATION
In this Agreement, unless the context otherwise requires:
A. Gender and Plurality. Words of the masculine gender mean and include correlative words of the feminine and neuter genders and words importing the singular number mean and include the plural number and vice versa.
B. Headings. The table of contents and any headings preceding the text of the Articles, Sections, and Subsections of this Agreement shall be solely for convenience of reference and shall not constitute a part of this Franchise, nor shall they affect its meaning, construction, or effect. 137
C. Reference to Days. All references to days herein are to calendar days, including Saturdays, Sundays and holidays, except as otherwise specifically provided.
D. Entire Franchise. This Agreement contains the entire agreement between the Parties hereto with respect to the transactions contemplated by this Franchise and nothing in this Franchise is intended to confer on any person other than the Parties hereto and their respective permitted successors and assigns hereunder any rights or remedies under or by reason of this Franchise.
E. Counterparts. This Agreement may be executed in any number of original counterparts.
All such counterparts shall constitute but one and the same Agreement.
F. Severability. If any clause, provision, Subsection, Section or Article of this Agreement shall be determined to be invalid by any court of competent jurisdiction, then the Parties hereto shall:
Promptly meet and negotiate a substitute for such clause, provision, section or Article which shall, to the greatest extent legally permissible, effect the intent of the Parties therein; If necessary, the Parties shall negotiate changes in, substitutions for or additions to the remaining provisions of this Franchise as may be necessary to give effect to the intent of the Parties in the invalid provision.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates indicated below.
FRANCHISEE
____________________________________
[Signature must be notarized]
____________________________________
Title of Signatory
CITY OF SOLEDAD
____________________________________
Mayor, Anna Velazquez
ATTEST:
____________________________________
City Clerk
____________________________________
Name [printed]
CITY OF GONZALES
____________________________________
Mayor, Jose Rios
ATTEST:
____________________________________
City Clerk
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APPROVED AS TO FORM
____________________________________
City Attorney
Dated: ______________________________
CITY OF GREENFIELD
____________________________________
Mayor, Robert White
ATTEST:
____________________________________
City Clerk
APPROVED AS TO FORM
____________________________________
City Attorney
Dated: ______________________________
APPROVED AS TO FORM
____________________________________
City Attorney
Dated: ______________________________
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APPENDIX A
SPECIFICATIONS FOR CONTAINERS AND VEHICLES
A. COLLECTION CONTAINERS
1. General. The Franchisee shall provide industry standard Containers for the storage of Source Separated Discarded Material from Customers, which shall be leak resistant and have fitted plastic lids (excluding Drop-Boxes). All Container size and volumes detailed or identified in this Agreement are approximations and may vary depending on the manufacturer of the Container. Containers shall comply with all Applicable Law.
2. Container types and sizes.
a. Bins
Capacity: 1, 2, 3, 4, and 6 cubic yards
b. Drop-Boxes/Roll-off Boxes
Capacity: 20, 30, and 40 cubic yards
c. Carts – Collection type and capacity:
Gray/Black Container Waste:32, 48, 64, and 96 gallons
Blue Container Waste: 64 and 96 gallons
Green Container Waste: 96 gallons
Food Waste only: 32 gallons and 64 gallons
3. Containers for Customer types.
a. Commercial and applicable Multi-Family Dwelling Customers. The Franchisee shall provide Bin, Drop-Box, or Cart Containers to Commercial and applicable Multi-Family Dwelling Customers at the Rates specified in Appendix B. b. Residential Customers. The Franchisee shall provide three-Cart Container services to Residential Customers at the Gray/Black Container Waste Rate specified in Appendix B, with no additional cost for one (1) Blue and one (1) Green Container Waste Collection services.
4. Container Labeling. Containers shall be clearly labeled to instruct the acceptable material to be placed in Containers in accordance with this Agreement. Carts, Bins, and Roll-Off Containers, excluding Roll-off Containers provided for temporary services, provided by the Franchisee to Customers to store Discarded Materials pending Collection shall be clearly identified as Gray/Black Container Waste, Blue Container Waste, Green Container Waste, Construction and Demolition Debris or Food Waste, as applicable. All Containers shall also contain the Franchisee’s name on the exterior of the Container to be visible when the Container is placed for use.
5. Cart Colors. Carts shall be of a different color for each type of usage in accordance with SB 1383 and may not be changed without the prior written approval of the City Manager.
6. The Franchisee shall not be required to collect Franchise Materials from Containers which do not conform to the requirements under this Agreement.
7. The Franchisee shall distribute the Containers on a schedule determined by the 140
Cities and the Franchisee.
B. COLLECTION VEHICLES
1. General. Franchisee shall provide a fleet of industry-standard Collection vehicles sufficient in number and capacity to efficiently perform the work required by the Agreement in strict accordance with its terms. The Franchisee agrees to maintain each piece of equipment used by it in the performance of this Agreement in good order and repair. Franchisee shall have available on service days sufficient backup vehicles and qualified operators to respond to complaints and emergencies.
2. Vehicle Identification. The Franchisee’s name, local or toll-free phone number, and unique vehicle identification number designed by Franchisee for each vehicle shall be visibly displayed on all four sides of each vehicle in letters and figures no less than three (3) inches tall.
3. Cleaning and Maintenance. Franchisee shall maintain all of its properties, facilities, and equipment used in providing service under this Agreement in a safe, neat, clean and operable condition at all times, and shall keep its equipment well and uniformly painted, to the satisfaction of the Cities. Vehicles shall be maintained in such a manner that no leakage of fluids from the collected materials occurs.
A. Cleaning: Vehicles used in the Collection shall be thoroughly washed as provided in this Agreement and thoroughly steam cleaned on a regular basis so as to present a clean appearance and minimize odors. All vehicles shall be painted on a regular schedule to maintain a clean, professional appearance. The vehicles shall be painted in a uniform manner; although Solid Waste, Recycling, and Organic Waste vehicles may have different painting schemes. All graffiti shall be removed immediately. The Cities may inspect vehicles during normal business hours to determine compliance with sanitation requirements. Franchisee shall make vehicles available to the County Health Department for inspection at any frequency it requests.
B. Maintenance: Franchisee shall, prior to use, inspect each vehicle to ensure that all equipment is operating properly, and perform all scheduled maintenance functions in accordance with the manufacturer’s specifications and schedule. Vehicles which are not operating properly shall be taken out of service until they are repaired and do operate properly. Franchisee shall keep accurate records of all vehicle maintenance, recorded according to date and mileage, and shall make such records available to the Cities upon request.
C. Repairs: Franchisee shall repair, or arrange for the repair of, all of its vehicles and equipment, including major dents, leaks, and other body damage, for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a neat, safe and operable conditions. Franchisee shall maintain accurate records of repair, which shall include date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. 141
APPENDIX B - CUSTOMER RATES CAP SCHEDULE
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143
APPENDIX C – PUBLIC CONTAINERS & CITY FACILITY LOCATIONS Location Site Address Qty Size/Service Frequency
GREENFIELD CITY YARD 920 WALNUT AVE 2 SW 4CY 2 times per week CITY YARD 920 WALNUT AVE 1 SW 20CY On-Call
CITY YARD 920 WALNUT AVE 1 REC 2CY Weekly
CITY YARD 920 WALNUT AVE 1 ORG 30CY On-Call
CIVIC CENTER 599 EL CAMINO REAL 1 SW 4CY Weekly
CIVIC CENTER 599 EL CAMINO REAL 1 SW 3CY Weekly
CIVIC CENTER 599 EL CAMINO REAL 6 REC 96G Weekly
CIVIC CENTER 599 EL CAMINO REAL 1 REC 2CY Weekly
CIVIC CENTER 599 EL CAMINO REAL 1 ORG 64G Weekly
COMMUNITY CENTER 1351 OAK AVE 1 SW 3CY Weekly
COMMUNITY CENTER 1351 OAK AVE 1 REC 2CY Weekly
MEMORIAL HALL 615 EL CAMINO REAL 1 SW 3CY 2 times per week MEMORIAL HALL 615 EL CAMINO REAL 1 REC 2CY Weekly
MEMORIAL HALL 615 EL CAMINO REAL 1 ORG 96G Weekly
PATRIOT PARK & CHILD DEVEL 1351 OAK AVE 1 SW 2CY 2 times per week PATRIOT PARK & CHILD DEVEL 1351 OAK AVE 8 REC 96G Weekly PATRIOT PARK & CHILD DEVEL 1351 OAK AVE 1 ORG 64G Weekly WATER TREATMENT PLANT 41901 WALNUT AVE 1 SW 2CY Weekly
GONZALES CENTENNIAL PARK 250 FIRST ST 1 SW 3CY Weekly
CITY HALL 147 FOURTH ST 1 SW 2CY Weekly
CITY HALL 147 FOURTH ST 4 REC 96G Weekly
CITY HALL 147 FOURTH ST 1 REC 300G Weekly
CITY HALL 147 FOURTH ST 1 REC 2CY Weekly
CITY HALL 147 FOURTH ST 1 ORG 64G Weekly
CITY YARD 201 C ST 1 SW 20CY Weekly
CITY YARD 201 C ST 1 REC 300G Weekly
CITY YARD 201 C ST 1 ORG 20CY Weekly
FIRE DEPT 325 CENTER 1 SW 96G Weekly
FIRE DEPT 325 CENTER 1 REC 96G Weekly
FIRE DEPT 325 CENTER 1 ORG 64G Weekly
POLICE DEPT 109 FOURTH ST 1 SW 2CY Weekly
POLICE DEPT 109 FOURTH ST 1 ORG 64G Weekly
PUBLIC POOL 205 ELKO ST 3 SW 64G Weekly
PUBLIC POOL 205 ELKO ST 3 REC 64G Weekly
PUBLIC POOL 205 ELKO ST 2 ORG 96G Weekly
VOSTI CENTER 107 CENTENNIAL DR 1 SW 4CY Weekly
VOSTI CENTER 107 CENTENNIAL DR 2 REC 96G Weekly
VOSTI CENTER 107 CENTENNIAL DR 1 ORG 64G Weekly
SOLEDAD CITY YARD 1060 STATE ST 2 SW 4CY 2 times per week CITY YARD 1060 STATE ST 1 SW 20CY Weekly
CITY YARD 1060 STATE ST 1 REC 2CY Weekly
CITY YARD 1060 STATE ST 2 REC 200G Weekly
CITY YARD 1060 STATE ST 1 ORG 30CY Weekly
COMMUNITY CENTER 560 WALKER DR 2 SW 4CY 2 times per week COMMUNITY CENTER 560 WALKER DR 4 REC 96G Weekly
COMMUNITY CENTER 560 WALKER DR 1 REC 2CY Weekly
COMMUNITY CENTER 560 WALKER DR 1 ORG 96G Weekly
FIRE DEPT 525 MONTEREY ST 1 SW 96G Weekly
FIRE DEPT 525 MONTEREY ST 1 REC 96G Weekly
FIRE DEPT 525 MONTEREY ST 1 ORG 96G Weekly
POLICE DEPT 248 MAIN ST 1 SW 2CY 2 times per week
POLICE DEPT 248 MAIN ST 3 REC 96G Weekly
POLICE DEPT 248 MAIN ST 1 REC 2CY Weekly
POLICE DEPT 248 MAIN ST 1 ORG 64G Weekly
SWIMMING POOL 570 WALKER DR 1 SW 2CY Weekly
SWIMMING POOL 570 WALKER DR 1 REC 96G Weekly
WATER TREATMENT PLANT 34520 MOROSOLLI RD 3 SW 2CY 2 times per week WATER TREATMENT PLANT 34520 MOROSOLLI RD 2 REC 96G 2 times per week 144
APPENDIX D
PUBLIC OUTREACH AND EDUCATION INFORMATION AND REQUIREMENTS Public Education Workplan: Before July 1, 2025, Franchisee shall provide the Cities with an initial Public Education Plan for the period of July 1 through December 31, 2025, for Cities approval designed to inform all current and potential Customers of new programs available under this Agreement, implementation schedule and other related information necessary to assure a smooth transition to the services include hereunder.
Franchisee and the Cities shall meet annually prior to the beginning of the next Calendar Year to develop the public education workplan for the upcoming Calendar Year. The workplan shall detail interactions with public schools, Multi-Family Dwelling units, businesses, and special events, including identification of additional services, for that year. Information produced herein will be made available in both English and Spanish as appropriate to the target audience. Each of the resulting work products shall be subject to review and approval by the Cities. Each annual workplan shall not result in materially higher costs to Franchisee, as compared to the initial annual workplan.
At a minimum, Franchisee’s Annual Public Education Plan shall include the following activities:
1. Instruction Service Guide. Franchisee shall prepare bilingual instructional service guides that describe available services, how to place Containers for Collection, and which materials should be placed in each Container, and that provides Collection holidays and a Customer service phone number and digital contact. The service guides shall be printed and delivered with each set of Containers distributed to a new Customer and shall be printed and mailed annually to all Customers, including Multi-Family Dwelling/Commercial Customers. The instructional service guides for Multi-Family Dwelling/Commercial Customers shall include information outlining State manadates AB 341, AB 1826 and SB 1383, how Customers can ensure compliance, and available assistance. Franchisee shall also make the instructional service guides available to Customers in electronic format through its website and/or electronic mail.
2. Commercial/Multi-Family Dwelling Education Materials. A Commercial or MultiFamily Dwelling Customer may request these education materials more frequently than stated above to comply with 14 CCR Section 18984.10 requirements for Commercial Businesses and Multi-Family Dwelling property owners to provide education information to new tenants and employees before or within 45 days of occupation of the Premises.
3. Billing Inserts/Newsletters. Franchisee agrees to annually insert a minimim of four (4) bilingual newsletters or inserts, or other information developed by the Cities into Customer invoices at no additional charge to the Cities. Franchisee shall be responsible for printing the bill inserts Franchisee shall develop materials, articles, and graphics for the newsletters relating to change in schedules, services offered or new services added, including but not limited to; holiday schedules, food waste collection program, announcements of Community Drop-off Events, holiday tree recycling, home compost bins for purchase, Composting workshops or compost giveaways, used motor oil and filter Collection, proper Household Hazardous Waste Dispsoal, City and State requirements to properly separate Discarded Materials, waste prevention on Premises, benefits of reducing landfill Disposal, Edible Food Recovery requirements, or methods of Organic Waste recovery used by the Franchisee. Franchisee shall fund and arrange for the design of the newsletters and printing and mailing services for distribution of the newsletter to all residents 145
and businesses.
4. Multi-Family and Commercial Customer Signage. Franchisee shall provide all Multi-Family and Commercial Customers with Blue Container, Green Container and Gray/Black Container Waste program guidelines, including Container labels to be placed on Collection Containers where Discarded Materials are stored. Labels shall indicate types of allowed materials and be updated when substantial changes to accepted or not accepted materials occurs. Franchisee shall be responsible for prinitng the labels, ensuring they are placed on Containers, and delivering them to the Customers upon request.
5. Educational Materials for Property Owners or Managers, Business Owners, and Tenants. Franchisee shall annually provide property owners and Commercial business owners with public education materials for their distribution to all employees, contractors, tenants and Customers of the properties and businesses. The Franchisee’s public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials.
6. Commercial Edible Food Generator Outreach. Franchisee shall distribute education materials related to the City’s Edible Food recovery programs.
7. School Outreach. Franchisee shall provide Recycling and other waste management services for schools and shall fund and provide at least two (2) waste reduction and Recycling presentations per Franchise Year at schools mutually agreed upon between Franchisee and the schools. The presentations shall contain specific age-appropriate curriculum consistent with Authority education programs or literature from a credible publisher such as CalRecycle, the California Resource Recovery Association, or similar agency approved by the Cities.
8. Outreach & Events. Franchisee shall fund and provide staff for community events, booths, and/or information tables at Cities’ sponsored events. Franchisee shall provide adequate quantities of educational materials for each event. Franchisee shall provide Recycling and other waste management services for schools, Multiple-Family Dwelling Customers, businesses, and special event activities. Franchisee shall retain qualified staff dedicated to public education. Staff that is bilingual, in English and Spanish, is preferred. Franchisee staff shall work in conjunction with the Cities to perform and conduct waste assessments, outreach activities, and implement waste reduction and Recycling programs in accordance with the public education workplan.
9. Audits. The Franchisee shall conduct audits to identify residents and businesses not using mandatory Franchise Services, a minimum of once per year. The audit results shall be submitted to the Cities for review.
10. Customer Survey. Franchisee shall distribute a digital survey to Customers with an active email address on file, at minimum of every two (2) years, or less frequently as determined by the Cities., The survey shall focus on core questions related to Customer’s overall relationship with the Franchisee, and then expand into targeted questions regarding Customer’s service experience with the Franchisee, and Customer’s knowledge of Franchisee’s waste Diversion services and programs.
The content of all outreach and educational information referenced in this Agreement shall be submitted to the Cities for advanced approval prior to preparation of final copy-ready master documents.
146
Franchisee’s Annual Public Education Plan may also include activities not outlined within this Agreement or Appendix D but are approved by the Cities. 147
APPENDIX E
ROUTING & COLLECTION SYSTEM
148
149
150
9 APPENDIX F
REQUIRED INSURANCE SCOPE AND LIMITS
Franchisee shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Franchisee, its agents, representatives, employees, or subFranchisees. With respect to General Liability, and Pollution and/or Environmental Impairment Liability coverage should be maintained for a minimum of five (5) years after contract completion.
The maintenance of claims made against any insurance required of Franchisee shall not be considered a waiver by the City of any claim or liabilities it may have against Franchisee.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
1. Insurance Services Office form number GO 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GO 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (“Occurrence” form CG 0001.).
2. Insurance Services Office form number, covering Automobile Liability, code 1 (any auto).
3. Worker’s Compensation Insurance as required by the State of California and Employer’s Liability Insurance.
4. Pollution and/or Environmental Impairment Liability.
B. Minimum Limits of Insurance: Franchisee shall maintain limits no less than:
1. General Liability: $5,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used.
2. Automobile Liability: $5,000,000 combined single limit per accident for bodily injury and property damage.
3. Worker’s Compensation and Employer’s Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury or disease, $1,000,000 each employee bodily injury by disease.
4. Pollution and/or Environmental Impairment Liability: $5,000,000 each occurrence/$5,000,000 policy aggregate covering liability arising from the release of waste materials and/or irritants, contaminants or pollutants. The policy shall stipulate this insurance is primary and no other insurance carried by the City will be called upon to contribute to a loss suffered by Franchisee hereunder and waive subrogation against the City and other additional insureds.
C. Deductible and Self-Insured Retentions: Any deductibles or self-insured retentions shall be for the account of the Franchisee and paid entirely by Franchisee without contribution from the City.
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10 D. Other Insurance Provisions:
1. The policies are to contain, or be endorsed to contain, the following provisions:
a. The City, their officers, officials, employees and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Franchisee; and with respect to liability arising out of work or operations performed by or on behalf of Franchisee including materials, parts or equipment furnished in connection with such work or operations. b. Franchisee’s insurance coverage shall be primary insurance as respects the City, their officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, their officers, officials, employees, agents, or volunteers shall be excess of Franchisee’s insurance and shall not contribute with it but only as respects the services provided by Franchisee under this Agreement.
c. Each insurance policy required by this clause shall be occurrence-based, except for Pollution/Environmental Impairment which may be written on a claim-made basis and shall be endorsed to state that coverage shall not be canceled by the Insurer except after thirty (30) days prior written notice has been given to the City.
d. Franchisee’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
e. The Automobile Liability policy shall be endorsed to delete the Pollution and/or the Asbestos exclusion.
f. Worker’s Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, their officers, officials, employees, and volunteers for losses arising from work performed by the Franchisee for the City.
E. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, if admitted. If Pollution and/or Environmental Impairment coverages are not available from an “Admitted” insurer, a Non-Admitted insurance company may write the coverage. A Non-Admitted company should have an A.M. Best’s rating of A:X or higher.
F. Verification of Coverage: Franchisee shall furnish the City with certificate of insurance and the required endorsements evidencing coverage required by this clause. The certificates/endorsements are to be signed by a person authorized by that Insurer to evidence coverage on its behalf. All certificates/endorsements are to be received and approved by the City before work commences.
G. Sub-Franchisees: Franchisee shall include all sub-Franchisees as insureds under its policies or shall furnish separate certificates and endorsements for each sub-Franchisee. All coverages for sub-Franchisees shall be subject to all the requirements stated herein. 152
11 H. Other Provisions:
1. Franchisee shall comply with reporting and other provisions of the policies so that coverage afforded to the City, their officers, officials, agents, employees and volunteers are not affected.
2. The City, their officers, officials, agents, employees, and volunteers shall be named as additional insureds on all policies except Workers’ Compensation/Employers Liability.
A copy of all relevant insurance certificates shall be attached hereto. 153
12 APPENDIX G
FORM OF PERFORMANCE BOND
COMPANY (Name and Address):
SURETY (Name and Principal Place of Business):
CITY (Name and Address): City of ________, California
OPERATION CONTRACT (Franchise Agreement)
Date:
Amount:
Description (Name and Location):
BOND
Effective Date: July 1, 2025
Amount: $2,000,000.00
Expiration Date: June 30, 2035, renewed annually at the discretion of the surety via continuation certificate throughout the term of the Franchise Agreement. Surety’s liability under the Bond, and any and all Continuation Certificates, shall not be cumulative and shall in no event exceed the amount of the Bond, as herein set forth, regardless of the number of periods the Bond is extended.
Franchise Agreement Expiration Date: June 30, 2035
Modifications to this Bond: See below
COMPANY AS PRINCIPAL SURETY
Name:____________________________ Name:____________________________ (Corporate Seal) (Corporate Seal)
Signature:_________________________ Signature:_________________________ Name:____________________ Name:____________________
Title:_____________________________ Title:____________________________ (Any additional signatures and addresses appear on attached page(s)) (FOR INFORMATION ONLY - Name, Address and Telephone)
AGENT or BROKER: CITY’S REPRESENTATIVE
(Architect, Engineer or other party):
154
13 1. The Company and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the City for the performance of the Operation Contract, which is incorporated herein by reference.
2. If the Company timely and completely performs the Operation Contract, the Surety and the Company shall have no obligation under this Bond, except to participate in conferences as provided in subparagraph 3.1.
3. If there is no City Default, the Surety’s obligation under this Bond shall arise after:
3.1. The City has notified the Company and the Surety at its address described in Paragraph 10 below that the City is considering declaring a Company Default and requested a conference with the Company and the Surety to discuss the performance of the Operation Contract; and
3.2. The City has declared a Company Default and sent a notice to the Company and the Surety formally electing to terminate the Company’s right to complete the performance of the work under the Operation Contract; and
3.3. The City has agreed (subject to Paragraph 5 hereof) to pay the Balance of the Contract price to the Surety in accordance with the terms of the Operation Contract or to a Franchisee selected to perform the remaining work under the Operation Contract in accordance with the terms of the Operation Contract with the City.
4. When the City has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:
4.1. Arrange for the Company, with the consent of the City, to perform and complete the Operation Contract; or
4.2. Undertake to perform and complete the Operation Contract itself, through its agents or through qualified independent Franchisees; or
4.3. Obtain bids or negotiated proposals from qualified Franchisees acceptable to the City for a contract for performance and completion of the Operation Contract, arrange for a contract to be prepared for execution by the City and the Franchisee selected with the City’s concurrence, to be secured with performance bonds executed by a qualified surety equivalent to the bonds issued on the Operation Contract, and pay to the City the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the City resulting from the Company’s default; or
4.4. Waive the right to perform and complete, arrange for completion, or obtain a new Franchisee and with reasonable promptness under the circumstances:
(1) After investigation, determine the amount for which it may be liable to the 155
14 City and, as soon as practicable after the amount is determined, tender payment therefore to the City; or
(2) Deny liability in whole or in part and notify the City citing reasons therefore
5. If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness (and in any event within the 45-day period commencing on the receipt by the Surety of the notice referred to in subparagraph 3.2 hereof), the Surety shall be deemed to be in default on this Bond and without further notice the City shall be entitled to enforce any remedy available to the City, including without limitation arranging for the work under the Operation Contract to be completed by a qualified Franchisee or Franchisees selected by the City and seeking compensatory damages from the Surety. If the Surety proceeds as provided in subparagraph 4.4, and the City refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the City shall be entitled to enforce any remedy available to the City, including without limitation arranging for the work under the Operation Contract to be completed by a qualified Franchisee or Franchisees selected by the City and seeking compensatory damages from the Surety.
6. After the City has terminated the Company’s right to complete the Operation Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the City shall not be greater than those of the Company under the Operation Contract, and the responsibilities of the City to the Surety shall not be greater than those of the City under the Operation Contract. To the limit of the amount of this Bond, but subject to commitment by the City of the Balance of the Contract Price to mitigation of costs and damages on the Operation Contract, the Surety is obligated without duplication for:
6.1. The responsibilities of the Company for the collection of Franchise Materials in accordance with the Operation Contract;
6.2. Additional legal, design, professional, and delay costs resulting from the Company Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and
6.3. Liquidated damages, or if no liquidated damages are specified in the Operation Contract, actual damages caused by delayed performance or nonperformance of the Company.
7. The Surety shall not be liable to the Company or others for obligations of the Company that are unrelated to the Operation Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the City or its heirs, executors, administrators or successors.
8. The Surety hereby waives notice of any change, including changes of time, to the operation Contract or to related subcontracts, purchase orders and other obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in any court of 156
15 competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Company Default or within two years after the Company ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
10. Notice to the Surety, the City, or the Company shall be mailed or delivered to the address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the Agreement is to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted here from and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.
12. DEFINITIONS
12.1. Balance of the Contract Price: The total amount due and payable by the City to the Company under the Operation Contract after all proper adjustments have been made, including allowance to the Company of any amounts received or to be received by the City in settlement of insurance or other claims for damages to which the Company is entitled, reduced by all valid and proper payments made to or on behalf of the Company under the Operation Contract.
12.2. Operation Contract: The Franchise Services Agreement between the Company and the City, effective July1, 2025.
12.3. Company Default: Failure of the Company, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Operation Contract, including, without.
12.4. City Default: Failure of the City, which has neither been remedied nor waived, to pay the Company as required by the Operation Contract to perform and complete or comply with the other terms thereof, which failure must be sufficiently serious to justify a termination of the Operation Contract, including, without limitation, an Event of Default of the City, as defined in the Co-Operation Agreement. 157
16 MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
This Bond has been entered into to bind the Surety and the Company, as principal, unto City of Greenfield, City of Gonzales, and City of Soledad, it successors and assigns, in the penal sum of TWO MILLION DOLLARS ($2,000,000), lawful money of the United States of America, for the payment of which said sum of money well and truly to be made, the Surety and the Company bind themselves, their successors and assigns in such sum “jointly and severally” and well as “severally only” for the purpose of allowing a joint action or actions against any or all of them and for all other purposes, each binds itself, its successors and assigns, jointly and severally to the City, its successors and assigns for the payment of such sums as to which the Company or the Surety may become obligated to pay under this Performance Bond. (Space is provided below for additional signatures or added parties, other than those appearing on the cover page.)
COMPANY AS PRINCIPAL SURETY
Name:____________________________ Name:____________________________ (Corporate Seal) (Corporate Seal)
Signature:_________________________ Signature:_________________________ Name: ________________________ Name: _____________________ Title:_________________________ Title:______________________ 158
17 APPENDIX H
Reporting Requirements
The Franchisee shall comply with the following reporting requirements for the duration of the Franchise Term.
• Prior to the initial preparation of the reports required by this Agreement Franchisee shall consult with the City to establish the format and data definitions for each report that best meets the City’s needs.
• All reports shall be submitted electronically unless otherwise specified. • Electronic reports shall be in a PC-based Excel, or Excel-compatible format or any other mutually agreed upon format.
• Reports shall be submitted by the 25th of each month following the reporting period unless otherwise specified.
• Franchisee shall provide the City with upon-request reports within thirty (30) working days of request; provided such reports do not result in additional costs to Franchisee. • All reports shall be based on a Calendar Year (January 1 – December 31).
A. Monthly Reports
Total tons Collected and delivered to Designated Facilities for all Collection services. Monthly tonnage reports shall be separated by Customer type and Collection service types and should include calculated recovery rates, including residuals, if provided by processor, and an overall recovery rate of services.
1. Tonnage by Customer type
a. Residential/Commercial/Multi-Family Dwellings (Cart Customers) b. Commercial/Multi-Family Dwellings (Bin Customers)
c. Drop Box/Roll-off Customer
2. Tonnage By Collection service
a. Grey/Black Container Waste
b. Blue Container Waste
c. Green Container Waste
d. Other Collection service agreed upon by the City and Franchisee B. Quarterly Reports
1. Participation rates for all Commercial, Multi-Family Dwelling and Drop-box/Roll-off accounts to track Customer compliance with AB 341, AB 1826 and SB 1383
2. Public Education and Information
a. Summary description of public education and information activities undertaken b. Distribution of Customer literature, community information and events, tours and other activities as identified in Appendix D of this Agreement, and c. Description of any perceived needs for publicity or public education. 159
18 3. Problems and Actions Taken
a. Significant changes in operation, market factors, and b. Description of processed material loads rejected for sale, reason for rejection and disposition of load after rejection, if available from processor.
C. Annual Report
Annual reports shall be submitted no later than ninety (90) days following the end of the Franchise Year and should include the following:
1. Summarizes the numerical information contained in the monthly and/or quarterly reports,
2. Discuss public awareness activities and their impact on Blue Container and Green Container Waste participation and recovered amounts,
3. Summarize Customer complaints or comments to convey any trends or developing situations.
D. Upon Request
1. By route: number of daily setouts
2. By route: Tons Collected and delivered to Designated Facilities,
3. Truck identification number for each daily route,
4. By route: number of service accounts by material type, size & frequency
5. By route: weekly participation Rates in terms of weekly set out counts, and
6. Number of Collection Containers in inventory and distributed by size and Customer type,
7. Overage fees charged to Customers per Section 5.10.C,
8. Number of Bulky item pickups, and
9. Analysis of Collection, processing and marketing problems or conditions (participation, set outs, contamination, market trends, etc.) and possible solutions, if applicable.
10. Summary of service tickets, praises, complaints
11. Total number of service accounts by Customer and Container type and size
12. Type and number of Contamination and Overage notices sent to Customers,
13. City services (City facilities/public containers) by size and location E. Additional Reports
1. Financial reports pursuant to Article 8. Franchisee may also supply any other information readily available to Franchisee from records it is required to maintain under this Agreement that may be reasonably requested by the City to meet State or Federal regulatory requirements, as those requirements may be amended from time to time.
2. Recycling processing and marketing services, if provided by processor. a. By material type (and grade where appropriate): monthly totals of quantities 160
19 processed,
b. By material type (and grade where appropriate): monthly totals of quantities sold; specify purchaser name and location, price received per ton and total payment, c. By material type: quantities donated or otherwise disbursed without compensation, d. Monthly quantity of processing Residue, and,
e. Characterize, describe and quantify any contamination problems, reject loads, etc.
In the event the City requests additional information or new or modified reporting, Franchisee shall be entitled to a rate adjustment to compensate it for its costs in such additional reporting obligations. Said reports shall be in the form required by the City and shall categorize Recycling and Diversion activity in the manner required by the City. 161
20 APPENDIX I
STREET SWEEPING
In accordance with Section 5.08.G, it is the responsibility of the Franchisee to provide street sweeping services to the Cities upon request. If street sweeping is provided to the Cities by the Franchisee, the Cities will provide a dedicated water supply, sufficient space for Drop-Box storage and payment of all fees for disposal of debris produced by street sweeping activities. Accordingly, the following minimum requirements must be met by the Franchisee:
1. Equipment:
a. Street Sweeping service shall be provided by Franchisee with Franchisee equipment and personnel. The Franchisee shall have the right to subcontract this service with the approval by the City Manager(s) or their designee(s).
b. Water from the sweeper’s water system shall be used during all sweeping to provide dust suppression and prevent unnecessary wear to moving parts or vacuum apparatus. c. Street Sweepers used as part of this Franchise must meet California Air Resources Board requirements, as well as compliance with Article 7 of this Franchise.
2. Operations:
a. Establish and maintain a continuous level of cleanliness of Cities’ streets in order to assure protection of the health, safety and welfare of the community. b. Clean Cities’ streets in a systematic and coordinated manner that complements solid waste collection and other Cities’ services, by use of a routing system that provides high-level street cleaning practices while maintaining acceptable costs. Routes shall be agreed upon and change as growth occurs. Appendix E shall include the residential, Commercial and industrial routes for each City. All Parties agree to work in good faith on changes to routes.
c. All streets shall be swept along paved surfaces for the full length and width of the shoulder where there is either a raised curb or gutter, median or median barrier to the end of the pavement.
d. Streets shall be maintained clean and free of debris commensurate with the number of parked cars and access to the curb and gutter for cleaning. This may require two passes of an area at the discretion of the operator if sufficient time is available for completion of the sweeping route.
e. When feasible, leave routes to sweep around schools and neighborhood areas where sweeping cannot be accomplished after school begins.
f. Emergency response (accidents/spills).
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21 g. Additional limited sweeping support of facility parking lots upon request for parks/community center/libraries.
h. Disposal of debris from street sweeping shall be the responsibility of the Franchisee.
Franchisee agrees to work with Cities for sampling the material removed from streets if required or desired.
i. Cities may determine that some areas in their community should be swept more frequently in exchange for less frequently in another area. If the areas are approximately equal in, there shall be no changes for this exchange of frequency. j. The Cities may order the suspension of sweeping/cleaning operations whenever, in their judgment, current or impending weather conditions are such that sweeping/cleaning cannot be carried out in a safe and/or effective manner.
3. Schedule: The schedule shall be as follows, unless changes agreed upon by Franchisee and City Manager:
a. Residential streets shall be swept once every week between the hours of 5:00 a.m. and 5:00 p.m. on the day of or the first Business Day after Solid Waste collection. b. Commercial streets shall be swept once every week between the hours of 5:00 a.m. and 5:00 p.m.
4. Records:
a. Records shall be maintained recording the cubic yards or Tons of debris Collected from each street sweeper.
b. Records shall be maintained recording the number of estimated curb miles swept.
5. Customer Service:
a. The Franchisee maintains a 24-hour phone number to accept residential concerns or complaints regarding the street sweeping program.
b. Response to resident complaints or concerns shall, whenever possible, occur the same day.
6. Fees
The Franchisee shall, without charge or compensation, provide weekly street sweeping services to each City on the day of or the first working day following each Residential Collection route. If additional street sweeping services are required by any of the Cities, each City may negotiate an independent contract to compensate the Franchisee. 163
MEMORANDUM: 6/19/2025
AGENDA DATE: 6/24/2025
TO: Mayor and City Council
FROM: Paul Wood, City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GREENFIELD, CALIFORNIA,
APPROVING APPROPRIATIONS FOR THE
GENERAL FUND, ENTERPRISE FUNDS, SPECIAL
REVENUE FUNDS, CAPITAL PROJECTS FUND
AND DEBT SERVICE FUNDS BUDGETS FOR
FISCAL YEAR 2025-2026
BUDGET DOCUMENT
The budget document for your review consists of all city departments and funds (General Fund, all Special Revenue funds, Internal Service funds, Capital Projects Fund, Debt Service funds, and Enterprise funds (Water and Wastewater).
SUMMARY
Over the past two months, the City Council, City staff and community have reviewed and discussed many aspects of this proposed budget, most specifically the General Fund, Capital Projects (CIP) Fund and the possible addition of staff positions.
Through this process, the City Council has reviewed staff proposals and departmental budgets, prioritized capital projects and prioritized personnel staffing levels.
This item is the formal approval of the spending plans for the City of Greenfield for the fiscal year 2025-2026.
City Council Memorandum 599 El Camino Real Greenfield CA 93937 831-674-5591 www.ci.greenfield.ca.us
164
The budget is broken down into a number of sections:
• The General Fund
• Special Revenue Funds
• Internal Service Funds
• Capital Project Funds
• Debt Service Funds, and
• Enterprise Funds
All these sub-groups are included in the budget document, but the focus of this report is almost exclusively on (1) the General Fund (along with its largest expense, Personnel), (2) Capital Projects, and (3) Enterprise Funds.
The General Fund consists of five (5) individual funds (Fund 100, Fund 102, Fund 105, Fund 106 and Fund 220). The General Fund revenue summary for both fiscal years follow:
Fund 100 is the classic “general fund.” Its function is to keep track of the general operation of the city. It is required that all revenues and expenditures that are not specifically designated to be posted elsewhere, be posted here.
Fund 102, the Fire Fund, is a part of the General Fund, because in general, the Fire Department’s general expenditures are a part of the general government. The City of Greenfield has decided, when the Greenfield Fire District was absorbed by the city, that we would keep the accounting separate for a period to better track how much more money the new Fire Department was absorbing than when it was a separate fire district.
Fund 105 was a new fund starting in FY21-22. With the addition of our new Grant Coordinator, we are segregating our spending related to Community Engagement. In the last 2 budget cycles, the Community Outreach fund has upwards of $2M in grants to distribute in the wake of COVID19. For FY24-25, we started administering a Youth Service Corps grant (2 year) in the amount of $528,206 and homelessness relief program grant funds in the amount of $30,000. In FY25-26, the Community Outreach Department will continue administering the Youth Service Corps grant and apply for a new grant to cover future years. This is in addition to the homegrown programs involving local seniors/youth (monthly Senior Socials, Senior IT training, Youth Council), and other citywide activities (Harvest Festival, etc.) The spending in this fund will necessarily increase as the City secures additional grants that it can spend directly on community outreach.
Fund 106 is where we are keeping the ARPA monies until we spend them. As you may recall, the city received in excess of $4.1M from the federal government in the wake of the COVID-19 outbreak. These funds are to be used to fund recovery from the outbreak as well as infrastructure repairs and maintenance. The City of Greenfield has chosen to allocate over $2.5M to the repair/rebuilding of our wastewater treatment plant as well as contracting with a consultant to help us with rebuilding our downtown (El Camino Real) area. The rest of the funding must be allocated by December 31, 2024 and spent by December 31, 2026. We have allocated the remainder of the ARPA funds to our future Wastewater Treatment Plant replacement.
Fund 220, the Measures V & W Fund, was established to keep track of the additional sales and use tax that the residents of Greenfield voted upon themselves to fund additional (1) public safety, (2) 165
code enforcement, and (3) recreation services. Over the past 8-9 years of its existence, we have been increasing spending in all three areas to fulfill the community's wishes. This year, we anticipate that, again, we will spend more than $1M over that which the tax brings in. This is not The General Fund revenues and departmental expenditures are summarized below:
166
Capital Projects
A prioritized capital projects listing was reviewed by the City Council and the community over the past month. The priority of spending will generally be determined by the impact on the General Fund. Those projects that rely entirely on funds NOT the General Fund will take precedence. After that, those projects that utilize the General Fund as leverage or “match,” will be prioritized, and lastly, those projects that rely entirely on the General Fund will be prioritized. The final CIP program for the next year is summarized below:
Capital Improvement Projects Priorities
• Funding by Other Than General Fund (Grants, Gas Tax, Enterprise Funds, etc) (Total $6,083,805) Request Title FY2026 Funding Source Department
• Citywide Generators 385,000 Federal Grant Public Works • Emergency Repairs Wastewater Treatment Plant 500,000 Sewer Enterprise Fund Public Works • New Community Center/ Park Project 1,000,000 State Grant Recreation • New Water Well Supply 14th and Cherry 700,000 Water Impact Fund Public Works • Public Works Fleet Replacement Program 13,333 Sewer Enterprise Fund Public Works • Public Works Fleet Replacement Program 48,334 Water Enterprise Fund Public Works • Public Works Fleet Replacement Program 13,333 Measure X Public Works • Sewer Main Upgrades and Replacements 136,250 Sewer Impact Fund Public Works • Tyler Lift Station Replacement 495,000 Sewer Impact Fund Public Works • Walnut Ave. Widening and Sidewalk Infill 1,254,540 CDBG Fund Public Works • Walnut Ave. Widening and Sidewalk Infill 126,015 Traffic Impact Fund Public Works • Water Main Replacement Project 340,000 Water Impact Fund Public Works • Water Main Replacement and Street Rehabilitation Project 385,000 Water Impact Fee Public Works • Water Main Replacement and Street Rehabilitation Project 300,000 Gas Tax Fund Public Works • Water Main Replacement and Street Rehabilitation Project 240,000 Measure X Public Works • Water Tank Improvements 147,000 Water Enterprise Fund Public Works 6,083,805
• Funding by General Fund - Approved last FY25, funds to be transferred to FY26 (Total $150,438) • Citywide Generators 106,438 General Fund Public Works • City Dog Park Project 44,000 General Fund Recreation
150,438
Enterprise Funds
The Enterprise Funds consist of our water and wastewater utilities. Both of these funds act like businesses. They always fund their own way, including capital projects. 167
Both Water and Wastewater utilities have significant maintenance work that needs to be completed over the next few years. The wastewater treatment plant will be entirely replaced within the next 4 years or so. This is a significant investment, which is already underway. Most of the funding for this project, hopefully, will come from grants that the city and the State Water Board are already working on. Along with significant grants, it is highly possible that the city will be required to borrow a significant amount of money in order to complete the buildout of the new wastewater treatment plant. To fund the debt service on this, City Council has approved a new rate study which calculate the necessity to raise sewer rates.
RECOMMENDED CITY COUNCIL ACTION
Staff recommend that the City Council approve the Annual Budget for FY2025-2026.
An appropriate motion would be:
I MOVE TO APPROVE RESOLUTION #2025-61, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF GREENFIELD, CALIFORNIA, APPROVING
APPROPRIATIONS FOR THE GENERAL FUND, ENTERPRISE FUNDS, SPECIAL
REVENUE FUNDS, CAPITAL PROJECTS FUND AND DEBT SERVICE FUNDS BUDGETS FOR FISCAL YEAR 2025-2026.
168
RESOLUTION NO. 2025-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD,
CALIFORNIA, APPROVING APPROPRIATIONS FOR THE GENERAL FUND,
ENTERPRISE FUNDS, SPECIAL REVENUE FUNDS, CAPITAL PROJECTS FUND AND DEBT SERVICE FUNDS BUDGETS FOR FISCAL YEAR 2025-2026 WHEREAS, the City Council has reviewed the City Manager’s proposed budget and has made certain modifications to estimated revenues and expenditures, the details of which have been properly incorporated into the total budgetary document by the City Manager; as outlined below:
Section 1: The amount of $15,194,510 shall constitute the GENERAL Fund appropriation for FY 2025-26.
Section 2: The amount of $200,0000 shall constitute the SLESF Fund appropriation for FY 2025-26.
Section 3: The amount of $1,254,540 shall constitute the CDBG Fund appropriation for FY 2025-26.
Section 4: The amount of $5,104,809 shall constitute the SUPPLEMENTAL TRANSACTIONS & USE TAX Fund appropriation for FY 2025-26.
Section 5: The amount of $664,200 shall constitute the GAS TAX Fund appropriation for FY 2025-26.
Section 6: The amount of $241,146 shall constitute the LANDSCAPING AND LIGHT DISTRICT #1 Fund appropriation for FY 2025-26.
Section 7. The amount of $963,096 shall constitute the LANDSCAPING AND LIGHT DISTRICT #2 Fund appropriation for FY 2025-26.
Section 8. The amount of $109,551 shall constitute the LANDSCAPING AND LIGHT DISTRICT #3 Fund appropriation for FY 2025-26.
Section 9: The amount of $78,108 shall constitute the STREET AND DRAINAGE DISTRICT #1 Fund appropriation for FY 2025-26.
Section 10: The amount of $69,589 shall constitute the STREET AND DRAINAGE DISTRICT #2 Fund appropriation for FY 2025-26.
Section 11: The amount of $45,935 shall constitute the STREET AND DRAINAGE DISTRICT #3 Fund appropriation for FY 2025-26.
Section 12: The amount of $1,032,251 shall constitute the SCIENCE WORKSHOP Fund appropriation for FY 2025-26.
Section 13: The amount of $2,765,555 shall constitute the GENERAL CAPITAL PROJECT Fund appropriation for FY 2025-26.
Section 14: The amount of $82,139 shall constitute the CITY HALL DEBT SERVICE Fund appropriation for FY 2025-26.
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Section 15: The amount of $80,910 shall constitute the ENERGY CONSERVATION CAPITAL LEASE Fund appropriation for FY 2025-26.
Section 16: The amount of $1,154,844 shall constitute the SUCCESSOR AGENCY Fund appropriation for FY 2025-26.
Section 17: The amount of $4,252,036 shall constitute the SEWER Fund appropriation for FY 2025-26.
Section 18: The amount of $5,024,103 shall constitute the WATER Fund appropriation for FY 2025-26.
WHEREAS, the City Manager is authorized to make such other revisions, individual appropriation line items, and changes in summaries, fund totals, grand totals, and other portions of the budget document as Necessary to reflect and implement the changes specified in this resolution.
WHEREAS, the City Clerk shall certify to the adoption of this Resolution.
PASSED AND ADOPTED by the City Council of the Greenfield at a regular scheduled meeting held on the 24th of June 2025 by the following vote:
AYES, and all in favor, therefore, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
_______________________
Robert White, Mayor
Attest:
________________________________
Ann F. Rathbun, City Clerk
170
City of Greenfield
PO Box 127 / 599 El Camino Real
Greenfield, CA 93927
831-674-5591 831-674-3149
www.ci.greenfield.ca.us
DATE: June 18, 2025
AGENDA DATE: June 24, 2025
TO: Mayor and City Council
FROM: Paul Wood, City Manager
TITLE: AUTHORIZATION OF A RESOLUTION OF THE GREENFIELD
CITY COUNCIL APPROVING THE APPLICATION FOR THE
LAND AND WATER CONSERVATION FUND FOR THE
GREENFIELD PARK AND RECREATION PROJECT
BACKGROUND
The Land and Water Conservation Fund grants provide funding for the acquisition or development of land to create new outdoor recreation opportunities for the health and wellness of Californians. Since 1965, over one thousand parks throughout California have been created or improved with LWCF assistance. When an LWCF project is completed, the land within the approved LWCF Boundary Map is placed under federal protection, preserving the public’s outdoor recreational use of the site in perpetuity for the benefit of our nation’s future generations.
The City of Greenfield is proposing to submit an application not to exceed $6 million for the New Recreation Center/Park Project. Under the development application, projects must include recreational features for outdoor use, aimed at providing outdoor recreational opportunities for the health and wellness of Californians. The development application also permits funding for major support amenities, such as parking lots, lighting, and landscaping. If awarded this grant, these additional funds will help cover the costs associated with the development of our New Recreation Center/Park Project, which has seen an increase in expenses due to inflation and other factors.
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BUDGET AND FINANCIAL IMPACT
There is a 50% minimum match requirement of the total project cost.
STAFF RECOMMENDATION
ADOPT RESOLUTION #2025-62, A RESOLUTION OF THE GREENFIELD CITY
COUNCIL APPROVING THE APPLICATION FOR THE LAND AND WATER
CONSERVATION FUND GREENFIELD PARK AND RECREATION PROJECT 172
RESOLUTION #2025-62
A RESOLUTION OF THE GREENFIELD CITY COUNCIL APPROVING THE
APPLICATION FOR THE LAND AND WATER CONSERVATION FUND
GREENFIELD PARK AND RECREATION PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and
WHEREAS, the applicant certifies by resolution the approval of the application and the availability of eligible matching funds prior to submission of the application to the State; and NOW, THEREFORE, BE IT RESOLVED that the Greenfield City Council hereby:
1. Approves the filing of an application for Land and Water Conservation Fund assistance for the proposed; Greenfield Park and Recreation Project
2. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and
3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”
4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the project, which up to half may be reimbursed; and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
6. Appoints the City Manager as agent of the applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned project.
PASSED AND ADOPTED by the City Council of the City of Greenfield at a regularly scheduled meeting held on the 24th day of June, 2025 by the following vote:
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AYES, and all in favor, thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
______________________________
Robert White, Mayor
Attest:
_______________________
Ann F. Rathbun
City Clerk
174
DATE: June 19, 2025
AGENDA DATE: June 24, 2025
TO: Mayor and City Council
PREPARED BY: Paul Wood, City Manager
TITLE: APPROVE THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF GREENFIELD AND THE GREENFIELD
PROFESSIONAL FIRE FIGHTERS INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS LOCAL 4656
BACKGROUND AND SUMMARY OF CHANGES
The current memorandum of understanding (“MOU”) between the City of Greenfield (“City”) and the Greenfield Professional Firefighters International Association of Fire Fighters Local 4656 (“IAFF”) will expire on June 30, 2025. The City and IAFF have negotiated in good faith to amend and extend the term of the MOU to June 30, 2026. Below is a summary of the changes.
ARTICLE 16. INCENTIVE PAY
Language previously adopted in a March 2025 side letter agreement (Fire Captains) and an October 2023 side letter agreement (Education Incentive Pay) have been added to the MOU. In addition, the City and IAFF negotiated changes to IAFF incentive pay which adds additional certifications for which IAFF will receive incentive pay but reduces the percentage incentive for some types of education incentive pay. This results in no expenditure budget impact to the City.
ARTICLE 19. HEALTH INSURANCE
The City and IAFF negotiated Health Insurance Opt-Out pay whereby employees who receive health insurance from a non-City source, such as their spouse’s insurance, will receive $200 for employees who have employee plus dependents coverage or $100 for employees who receive employee only coverage. This will save the City money for those employees who choose to opt City Council Memorandum
599 El Camino Real Greenfield CA 93937 831-6745591
www.ci.greenfield.ca.us
175
out because it costs the City more than $200 to insure an employee plus their dependents and more than $100 to insure an employee.
EXHIBIT A
The City and IAFF negotiated a change to the salary schedule as a “clean up” item. Currently the percentage increase between steps is uneven which is administratively difficult and confusing. The salary schedule has been updated to include an even 5% between each step. This is consistent with other bargaining units. In addition, the City and IAFF negotiated removing the bottom two steps.
There are currently no employees being paid at the bottom two steps so this is expenditure neutral to the City.
BUDGET AND FINANCIAL IMPACT
There is no fiscal impact. All of the changes to the MOU are neutral expenditure, meaning they will not have an overall impact to the City’s budget.
RECOMMENDED MOTION
IT IS RECOMMENDED THE CITY COUNCIL ADOPT RESOLUTION #2025-63, A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY
OF GREENFIELD AND THE GREENFIELD PROFESSIONAL FIRE FIGHTERS INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4656.
ATTACHMENTS
1. MOU – Redline
2. Resolution #2025-63
3. Exhibit “A” MOU – Clean Version
[00584034]
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GREENFIELD, CALIFORNIA
MEMORANDUM OF UNDERSTANDING
Between
CITY OF GREENFIELD
And
GREENFIELD PROFESSIONAL FIREFIGHTERS
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 4656
July 1, 20222025, to June 30, 20252026
177
Page | 2
ARTICLE 1. PREAMBLE
This Memorandum of Understanding ("MOU") is made and entered into between the City of Greenfield ("City") and the Greenfield Professional Firefighters, I.A.F.F. Local 4656 ("Association") pursuant to California Government Code Sections 3500, et seq. as their exclusive mutual agreement. The purpose of this MOU is to promote and provide for harmonious relations, cooperation, and understanding between the City and its employees covered herein so as to promote employer-employee relations by providing a written document enumerating the entire agreement between the City and Association pursuant to the purpose and intent of California Government Code Section 3500; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this MOU; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this MOU, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. In cases where there is a conflict between this MOU and the Association directives, this MOU shall prevail.
ARTICLE 2. RECOGNITION
The City recognizes the Association as the majority representative for all full-time classifications in this Unit. The City recognizes the Association as the exclusive representative of the employees group consisting solely of the classification of full-time Fire Captain, Fire Apparatus Engineer, Firefighter and any rank covered by this section assigned to a forty (40) hour assignment, who are regularly employed by the City, and others as added to the representation unit from time to time under existing law.
ARTICLE 3. IMPLEMENTATION
This MOU constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the MOU by the membership of Association. It is agreed that this MOU shall not be binding upon the parties, either in whole or in part, unless and until the City Council acts by majority vote to formally approve and adopt this MOU. It is further agreed that, if the City Council approves and adopts this MOU, City management will act in a timely manner to make the changes or recommend the City Council make the changes, in city ordinances, resolutions, rules, policies, and procedures necessary to implement this MOU.
ARTICLE 4. TERM
The term of this Memorandum shall be from July 1, 20222025, through June 30, 20252026.
ARTICLE 5. CITY RIGHTS
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The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; to hire, promote, transfer, and assign employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; contract out bargaining unit work to third parties, after meeting and conferring over decision and effects; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
ARTICLE 6. NO STRIKE AND NO LOCKOUT
A. No Strike. During the term of this MOU and in accordance with Labor Code Section 1962, neither the employees nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of the operations of the city, regardless of the reason for so doing.
B. Penalty. If a strike occurs in violation of Article 6.A. or Labor Code Section 1962, the City may utilize any legal remedies available to it to halt the strike. In addition, any employee engaging in activity prohibited by Article 6.A. or Labor Code Section 1962, or who instigates or gives leadership to such activity, shall be subject to disciplinary action up to, and including, termination of employment.
C. No Lockout. During the term of this MOU, the City will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 6.A.
D. Association Official Responsibility. Each employee who is an officer of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. The employees agree to inform members of their obligations under this MOU and Labor Code Section 1962 and to direct them to return to work in the event of a strike.
ARTICLE 7. WORK SCHEDULE
Firefighters typically work a 56-hour work week on a 48/96 rotation. In the regular rotation, firefighters will work two (2) consecutive 24-hour shifts in a row and then have four (4) consecutive days off. All timekeeping and leave usage is calculated on a 24 hours shift basis. 40-hour workweeks are as defined in Article 9.
Minimum Staffing: Sufficient full-time personnel shall be maintained on duty and available for response to alarms. Sufficient firefighting personnel shall be available to provide a minimum of one captain, one engineer, and one firefighter per unit. A unit is an engine company or a ladder company.
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If a sufficient number of personnel are not available to meet the minimum staffing requirements, regular full-time firefighting personnel may be retained or recalled on overtime as allowed by law.
Call Back: “Call-back” work is an unscheduled duty assignment for which an employee, who is off shift, is requested, by the Fire Chief or his designee, to return to work due to an emergency, training or meeting. It does not include an extension of shift or shift coverage (shift trade or scheduled overtime) for another employee, and it must be approved by the Fire Chief or his designee.
Employees called back to work by the Fire Chief or his designee shall be compensated, at the overtime rate, for hours actually worked during that event. Employees shall be paid a minimum of two (2) hours for each call-back event. If a call-back event runs into an employee's regularly scheduled shift, the hours during the regularly scheduled shift shall not be compensated as overtime.
Shift Bid Process: The Shift Bid process will be conducted every two years. The shift bid process will begin on December 1st of every odd year.
Shift Bid Parameters: A shift Bid Committee will consist of three (3) contact persons, the Fire Chief or their assigned person and the union President. Shift bids are seniority based.
Seniority is defined as date of promotion within the rank, not date of hire.
Selection order shall be - (1st) Captains, (2nd) Engineers. One contact person will be assigned by the Association to contact the Captains, one contact person will be assigned to contact the Engineers.
Personnel transfers will occur in January in accordance with the FLSA cycle.
Exchanges of On-Duty Time. All shift trades are the responsibility of the employee. Shift trades will not have an adverse financial effect on the City (i.e., no overtime for shift trades). The City shall not be responsible for approving or tracking trades other than to assure all positions are filled on the schedule and that the trade complies with the terms set forth herein.
There shall be no selling of shifts disguised as trades. All trades shall be made pursuant to City and Fire Department policy. There will be no shift trades with employees who are not qualified to fill the position. Shift trades shall not be allowed when it causes an employee to work excessive hours thereby creating a possible safety hazard.
Mutual Aid: Mutual Aid Agreements codify an understanding among two or more entities to provide support in a given context. Mutual Aid Agreements allow two or more parties to furnish resources and facilities and to render services to each and every other party of the agreement to prevent and combat any type of disaster or emergency. Should the City enter into a Mutual Aid Agreement, any such aid given by City fire personnel shall only be 180
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allowed if City shifts remain properly staffed. The City shall have the authority to call employees back to work or to hold over fire personnel when a crew has left the City in accordance with a Mutual Aid Agreement.
Maximum Number of Work Hours: Fire Personnel are limited to working 72 hours in a row, absent an emergency.
ARTICLE 8. SHIFT COVERAGE
In the event of an open shift due to approved leave, sickness or assignment, the following procedure will be used.
Coverage of a Captain's shift1. Contact Captains. If no Captains are available or all have declined then,
2. Contact qualified Engineers on the acting in capacity list.
Definition: Qualified Engineers on the acting in capacity list have completed the position task book for the Captain's position, meet all other requirements set forth in the Captain's job description and have completed all required training for the position of Captain.
Coverage of an Engineer's Shift1. Contact Engineers. If no Engineers are available or all have declined then,
2. Contact Captains. If no Captains are available or all have declined then,
3. Contact qualified Full Time Fire Fighters on the acting in capacity list. If no Full Time Fire Fighters are available or have declined then,
4. The Shift will be offered to a qualified Part Time Fire Fighters on the acting in capacity list.
Definition: Qualified Fire Fighters on the acting in capacity list have completed the position task book for the Engineers position, meet all other requirements set forth in the Engineers job description and have completed all required training for the position of Engineer.
Coverage of a Full Time Fire Fighter's ShiftIn the event the Fire Department hires a Full Time Fire Fighter position, the procedure will be as follows,
1. Contact Full Time Fire Fighters. If no Fire Fighters are available or all have declined then,
2. Contact Engineers. If no Engineers are available or all have declined then,
3. Contact the Captains. If no Captains are available or all have declined then,
4. The shift will be offered to the Part Time Fire Fighters.
The Association will develop a rotational staffing list in accordance with Fire Department safety policies in agreement with the Fire Chief. The Fire Chief and the Association will work together to maintain and update the rotational staffing list. 181
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ARTICLE 9. SALARY
A. See the Salary Schedule attached hereto as Exhibit A.
B. The base hourly pay rate (straight time pay) is calculated by taking the base annual salary multiplied by twelve (12) months and divided by 2920 hours. The FLSA rate is 50% of this number.
56 Hour Work Week: the work week shall average 56 hours.
Shifts: On-duty shifts shall commence at 8:00 a.m. and shall be completed at 8:00 a.m. the following day.
40 Hour Work Week: The work week shall average 40 hours. The work week for employees assigned to a 40-hour/week schedule shall typically consist of five (5) consecutive days totaling 40 hours commencing at 8:00 a.m. and ending at 4:00 p.m. An alternate work schedule (such as a 4-10 plan) may be assigned by the Fire Chief. The alternate work schedule shall commence 7:00 a.m. and end at 5:00 p.m.
Schedule: The Fire Chief shall assign starting and quitting times to these employees to meet operational needs. Affected employees will be notified five (5) working days in advance of changes in work schedules. This shall not preclude the City from effecting schedule changes due to operational needs, overtime or emergency work.
Overtime. FLSA Overtime shall consist of authorized hours actually worked in excess of 106 hours in a 14-day FLSA period as permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption.
1. Effective with the pay period following July 1, 2022, employees shall receive an increase to base pay in accordance with the San Francisco-Oakland-San Jose 2021-year Consumer Price Index, up to a three percent (3%) minimum, but not to exceed five percent (5%).
2. Effective with the pay period following July 1, 2023, employees shall receive an increase to base pay in accordance with the San Francisco-Oakland-San Jose 2022-year Consumer Price Index, up to a three percent (3%) minimum, but not to exceed five percent (5%).
3. Effective with the pay period following July 1, 2024, employees shall receive an increase to base pay in accordance with the San Francisco-Oakland-San Jose 2023-year Consumer Price Index, up to a three percent (3%) minimum, but not to exceed five percent (5%).
ARTICLE 10. DISASTER RESPONSE
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All fire personnel must be available in disaster situations and shall respond to a disaster situation, pursuant to the requirements of Government Code Section 3100.
ARTICLE 11. MOU OVERTIME
MOU overtime is time worked outside the employees' work schedule set forth in Article 7 or time worked covering any employee receiving department approved leave or assignment. MOU overtime shall be compensated at one and one-half (1 1/2) times the employee's regular rate of pay.
ARTICLE 12. VACATION
A. Vacation Allowance
0 — 5 years 14 hours per month
5 - 15 years 20 hours per month
15 years and above 24 hours per month.
B. Vacation Accumulation/Banking.
Employees shall be allowed to bank earned vacation hours as follows:
0 to 5 years' employment: up to 240 hours;
5 to 15 years' employment: up to 360 hours;
15 plus years' employment: up to 504 hours.
C. Vacation Scheduling. An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances.
ARTICLE 13. COMPENSATORY TIME OFF (“CTO”)
Employees shall have the option to accumulate Compensatory Time Off (CTO) in lieu of pay for overtime or FLSA hours worked. CTO is accumulated at a rate of 1.5 to 1.0 to a total of 80 hours maximum and may be taken at the convenience of the Employee and subject to the vacation scheduling. CTO in excess of one (1) hour shall be computed in one-half (1/2) hour increments by rounding up to the next one-half hour. Payment for compensatory time may be requested by the employee by November 15 of each year and paid by December 1.
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CTO Allowance for Separated Employees. Upon separation, an employee shall receive the higher of (1) his/her current hourly rate of pay, (2) or his/her average regular rate during the last three (3) years of employment, times 100% of the employee's accrued CTO leave hours.
ARTICLE 14. HOLIDAYS
All employees covered under this MOU shall receive compensation for the following holidays:
New Year's Day
Martin Luther King Day
Presidents' Day
Cesar Chavez Day
4th of July
Labor Day
Columbus Day
Veterans' Day
Thanksgiving and the day after
Christmas Eve and Christmas
Memorial Day
Personal holiday (since employee is paid in lieu of this, employee cannot actually take the day off and call it a personal holiday. It is included in the holiday payout as set forth below.)
In Lieu Pay: Firefighters will receive the equivalent of eleven and two tenths (11.2) hours holiday pay. The holiday pay shall be paid on a prorated basis as follows: 13 holidays per year to be paid on a prorated basis over 26 pay periods. All 40-hour per week employees shall receive holiday pay at the rate of 8 hours a day for each holiday.
ARTICLE 15. SICK LEAVE
An Employee's accrued sick leave from employment at the Greenfield Fire Protect District ("District") may be transferred to the Employee's leave bank with the City upon 184
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employment by the City. This leave will be placed in a separate bank from the remainder of the Employee's sick leave. Sick leave from employment at the District may be used while working but shall not be paid out upon separation from employment with the City.
Consistent with other sick leave, an Employee's sick leave from employment at the District may be converted to retirement service credits of up to 1 year of credit upon an employee's retirement, subject to all CaIPERS rules now and in the future. (City will not be responsible should CaIPERS change their rules. Employee bears the entire risk with any CaIPERS related actions as it relates to retirement and service credits.) Sick leave shall be accrued monthly as follows:
Years of Completed
Service
Equivalent hours of
Completed Continuous
Service Exclusive of
Overtime
Hourly Accrual Rate
1-5 0.01 through 14,600 9.333 hours/month
5-15 14,600.01 through 43,800 14 hours/month
15+ 43,800.01 or more regularly
scheduled hours
18.67 hours/month
An Employee who retires and/ or resigns in good standing shall receive payment of City accumulated sick leave as follows:
1. After five (5) years of continuous service and separation in good standing, ten percent of (10%) of the first 1,000 hours of accumulated sick leave.
2. After ten (10) years of continuous service and separation in good standing, twenty percent (20%) of the first 1,000 hours of accumulated sick leave.
3. After fifteen (15) years of continuous service and separation in good standing, thirty percent (30%) of the first 1,000 hours of accumulated sick leave.
4. After twenty (20) years of continuous service and separation in good standing, forty percent (40%) of the first 1,000 hours of accumulated sick leave.
For purposes of City sick leave payout, the total accumulated City accrued sick leave that may be applied to the sick leave payout formula is 1,000 hours.
Employees may not accrue more than 2920 hours of City sick leave. Once this maximum accrual limit has been reached the Employee will no longer be credited with additional City sick leave hours. Upon retirement, an Employee's accrued sick leave may be used for retirement service credits of up to one (1) year of credit, subject to all CaIPERS rules now and in the future. The Parties agree and acknowledge that the City will not be responsible should CaIPERS change their rules, and Employee bears the entire risk with any CaIPERS related actions as it relates to retirement and service credits. 185
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ARTICLE 16. INCENTIVE PAY
1. Spanish Incentive. Employees who pass a certification assessment jointly established by the City and the Association, which indicates sufficient competency as a qualified bilingual speaker in English and Spanish, and who can demonstrate their ability to speak Spanish to the satisfaction of the Fire Chief and the City Manager, shall receive additional pay of two and one-half percent (2.5%) above their base salary. Only Employees who successfully pass the certification assessment shall be eligible to receive this payment.
2. California State Fire Training (SFT) Certificate Pay Incentive. The City will provide, to regular full-time fire employees (“Employees”), SFT certificate incentive pay as follows: (i) two and one-half percent (2.5%) for Company Officer Certification; and (ii) two and one-half percent (2.5%) for Fire Apparatus Driver/Operator Pump Apparatus Certification. No Employee may receive more than five percent (5%) as SFT certificate incentive pay.
3. Education Pay Incentive. The City will provide, to qualified Employees, education incentive pay as follows: (i) two and one-half percent (2.5%) for Employees possessing an Associate Degree; and (ii) five percent (5%) for Employees possessing a Bachelor’s Degree. Associate degrees must be in a fire protection technology or a fire/EMS related field. Bachelor’s Degrees must be in one of the following fields: (1) Fire science or fire related degree program; (2) Public administration; (3) Organizational leadership; (4) Business administration; (5) Business management; or (6) any other field approved by the Fire Chief, as such may be associated with fire science. No Employee may receive more than five percent (5%) as education incentive pay.
4. Combined SFT Certificate and Education Pay Incentive. Employees eligible to receive SFT Certificate and Education Pay incentives may combine these incentives, provided that no Employee shall receive a combination of SFT Certificate and Education Pay incentives exceeding a cumulative total of seven and one-half percent (7.5%).
5. Tuition Reimbursement. Employees shall be reimbursed up to $1,500.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, provided the course work is approved by the Fire Chief prior to incurring any such expenses. Payment will be made when proof of a passing grade (C or better) and submittal of expenses is received by the Fire Chief. 186
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6. Acting in Capacity. An Employee assigned by the Fire Chief or his designated representative to perform the duties of a higher classification as a temporary assignment shall thereafter receive a five percent (5%) increase from the Employee’s base salary for such higher classification for the duration of the temporary assignment starting the first day worked. Such an assignment shall be subject to all CalPERS rules and regulations.
1. Spanish Incentive: Employees who pass a certification assessment jointly established by the City and the Association, which indicates sufficient competency as a qualified bilingual speaker in English and Spanish, and who can demonstrate their ability to speak Spanish to the satisfaction of the Fire Chief and the City Manager, shall receive additional pay of two and one-half percent (2.5%) above their base salary. Only Employees who successfully pass the certification assessment shall be eligible to receive this payment.
2. Education Incentive. Employees shall be reimbursed up to $1,500.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, provided the course work is approved by the Fire Chief prior to incurring any such expenses. Payment will be made when proof of a passing grade (C or better) and submittal of expenses is received by the Fire Chief.
3. Acting in Capacity. An Employee assigned by the Fire Chief of his designated representative to perform the duties of a higher classification as a temporary assignment shall thereafter receive a 5% increase from the Employee's base salary for such higher classification for the duration of the temporary assignment starting the first day worked.
Such an assignment shall be subject to all CaIPERS rules and regulations.
ARTCLE 17. EXCHANGE OF ON-DUTY TIME
Upon approval of the Fire Chief or his designee, represented employees shall be allowed to exchange on-duty time.
Any and all exchanges of on-duty time are the responsibility of the employee. Exchanges can only occur as long as there is no impact on the City. (i.e. employees shall not be entitled to overtime pay for more hours worked in a pay period that results because of an exchange of on-duty time.) The City shall not be responsible for tracking exchanges other than ensuring all positions are filled on the work schedule.
There shall be no selling of shifts disguised as exchanges.
All exchanges shall be made in accordance with City and Fire Department policy.
Employees may not exchange on-duty time with people who are not qualified to fill the position being exchanged. Exchanges will not be allowed when such would cause an employee to work in excess of 72 hours.
ARTICLE 18. BEREAVEMENT
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Five days of sick leave shall be permitted in case of death of a relative of the first degree by blood (parent, child, brother, sister or a close relative residing in the household of the employee) or spouse.
ARTICLE 19. HEALTH INSURANCE
Employees shall be responsible for paying $135.00 per month for health insurance coverage provided by the City. Employees who elect to include a dependent on their insurance coverage shall be responsible for paying 25% of the premium for dependent coverage. The City shall pay the balance of health insurance premium costs, including those related to dental and vision. (See Schedule of Benefits attached hereto as Exhibit B).
Health Insurance Opt-Out Program. Employees may elect to waive participation in the City’s health insurance plan and receive a monthly cash payment in lieu of coverage. The monthly cash payment amount shall be determined by the level of coverage for which the employee would otherwise be eligible: three hundred dollars ($300) for employees eligible for family coverage, two hundred dollars ($200) for employees eligible for employee plus one dependent coverage, and one hundred dollars ($100) for employees eligible for individual coverage only.
To participate in the opt-out program, employees must provide satisfactory documentation of alternative health insurance coverage that meets minimum essential coverage requirements. Employees participating in the opt-out program must annually verify their continued eligibility for their designated coverage level by submitting appropriate documentation during the open enrollment period, including proof of dependent status and family composition as applicable.
Employees may terminate their participation in the opt-out program and enroll in Cityprovided health insurance during the annual open enrollment period or upon experiencing a qualifying life event as defined under federal law.
ARTICLE 20. ACCIDENTAL LIFE INSURANCE
The City shall provide accidental life insurance to all employees subject to this MOU in the amount of $50,000.00. All other conditions shall be governed by the term of such coverage.
ARTICLE 21. UNIFORM ALLOWANCE
All safety clothing, as well as any other uniform required by the City, shall be supplied by the City at no cost to the Employee.
ARTICLE 22. PROBATIONARY PERIOD
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All newly hired employees (other than those transferred on July 1, 2018) shall be subject to a probationary period of one (1) year of actual service commencing with the date of appointment. The Fire Chief may extend the probationary period for up to six (6) months.
During the probationary period an Employee may be rejected at any time by the Fire Chief without right to pre-disciplinary process or of appeal in any manner and without recourse to the procedures provided in Article 21 (grievances) thereof.
ARTICLE 23. DISCIPLINE AND DISCHARGE
Authority - Full authority for discipline is retained by the city. The city may discipline a regular Employee for just cause. In appropriate cases the city will use progressive disciplinary practices.
Representation - An Employee attending any investigatory or fact-finding meeting, which may result directly in discipline, reduction in pay, suspension, demotion or discharge, shall be allowed representation by the Association.
Grounds for Discipline - The city has the authority to impose appropriate discipline upon any represented Employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee's prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment including untruthfulness, misrepresentation or omission of information; (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, public disclosure of privileged information or dishonesty; (3) Failure to maintain certification and licenses required by law or the Fire Department; (4) Being under the influence of alcohol or intoxicating drugs while on duty; (5) Unauthorized absence without leave; (6) Criminal conviction having some relevance to the job; (7) Intentionally being discourteous to the public; (8) Unauthorized use of or neglect of city property; (9) Abuse of sick leave; (10) Unauthorized outside employment that constitutes a conflict of interest; (11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest; (12) Falsification of any city report or record; (13) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, Fire Chief, or supervisor; (14) Political activities precluded by State or Federal law' (15) Other acts that are incompatible with service to the public; and (16) Failure to respond to questions or otherwise fail to participate during an investigation conducted by the city or its agents.
Firefighter Bill of Rights Procedures - The following appeals procedures are adopted pursuant to Government Code Section 3254.5 of the California Firefighter Procedural Bill of Rights Act (FBOR) and shall apply to any administrative appeal of a punitive action that is required to be afforded to a firefighter under FBOR. Prior to taking punitive action involving discipline, suspension without pay, reduction in pay, demotion or discharge, the employee shall be given notice of the action to be taken, which shall include, the effective date of the proposed action, the changes against the employee, the evidence or materials 189
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upon which the action is based and notice of the employee's right to be represented by an attorney or other representative at further proceedings.
Pre-Discipline Process - The employee will be given an opportunity to respond to the Fire Chief either orally or in writing, provided the employee requests the opportunity within seven (7) calendar days of the notice of the intended action. If the employee or his/her designated representative requests the right to respond to the proposed punitive action, imposition of proposed punitive action shall be deferred until after the response is received by the Fire Chief. It is the Fire Chief's responsibility to coordinate the scheduling of the conference within fourteen (14) consecutive days of the employee's request. The Fire Chief or designee shall be responsible for receiving the employee's and/or his/her representative's response to the proposed discipline. The conference shall be conducted informally and shall be limited to the presentation of information by and through the employee and/or his/her representative in response to the charges and allegations set forth in the notice of proposed discipline. In the event the employee is unable to respond to the charges within the time permitted and demonstrates the reasonableness of a need for a continuance, the presiding officer may grant a continuance of up to an additional five (5) calendar days. The time limits described herein are essential and may only be modified or enlarged by mutual consent of both the employee and the Fire Chief or his/her designee. The above process will occur prior to the imposition of the discipline.
Notice of Discipline - After conclusion of the pre-disciplinary conference and within 30 days of the department's final decision, but not less than forty-eight (48) hours prior to imposing discipline, the Fire Chief shall notify the employee in writing of the nature and extent of the discipline, if any, and the time of commencement thereof. The .notice shall also contain a statement of charges which shall set forth the acts or omissions with which the employee is charged in order that the employee will be able to prepare his/her defense. Also, the notice shall specify the city rules, regulations, policies and procedures which the employee is alleged to have violated. The notice of discipline shall also advise the employee of his/her right to request an appeal hearing by filing a Notice of Appeal as provided herein. The Notice of Appeal must be filed within 15 days after service upon the employee of the Notice of Discipline. Failure to request an appeal hearing within the 15- day period, will constitute waiver of the employee's right of appeal. The Notice of Discipline shall be served personally on the employee with a proof of service noticed and retained by the department.
Right to Appeal - An employee has the right to appeal punitive action according to the appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right.
Appeal of Punitive Action Not Involving Discharge, Demotion, Reduction in Pay or Suspension. The City shall comply with the requirements for informal hearings set forth in Chapter 4.5. of Part 1 or Division 3 of Title 2 of the California Government Code.
Appeal Procedure for any Punitive Action Involving Discharge, Demotion, Reduction of Pay or Suspension. A formal appeal procedure shall be available for a disciplinary action 190
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involving discharge, demotion, reduction in pay or suspension of more than five days. The administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. The City will bear all administrative costs associated with a formal appeal of discipline and the subsequent hearing: including the presiding officer, court reporter and transcription costs, if any. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation documents.
Notice of Discipline as Accusation- The final notice of discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq.
Failure to conform with material requirements of this clause shall render the discipline or discharge null and void.
ARTICLE 24. GRIEVANCES
A grievance is an allegation made by an employee that the employee has been damaged or denied a benefit by the City due to misapplication or a mistaken interpretation of a specific provision of this Agreement, or the City's Personnel Rules. Grievances shall be filed in accordance with the City Personnel Rules, Personnel Rule 14.
Reviewable and Non-Reviewable Grievances. To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters contained in this Agreement over which the Fire Chief has control. (c) Arise out of a specific situation, act, or acts which result in damage to the employee. (d) Arise out of a misinterpretation or misapplication of this Agreement.
A grievance is not reviewable under this procedure: (a) If it is a matter which would require a modification of a policy established by City Council or by law; or (b) Is reviewable under some other administrative procedure and/or rules of the City of Greenfield such as: (1) Applications for changes in title, job classification, or salary; (2) Appeals from formal disciplinary proceeding; or (3) Appeals from work performance evaluations.
ARTICLE 25. RETIREMENT PLAN
All fire personnel transferring from the District to City shall retain their PERS Retirement Plan as it exists as of the date of the transfer (as long as such transfer is allowed/approved of by PERS). All new PERS employees shall receive retirement pursuant to the Public Employees' Pension Reform Act (“PEPRA”).
ARTICLE 26. DRUG TESTING
Employee Testing shall be in accordance with the City Personnel Rules. 191
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ARTICLE 27. ELIGIBILITY REQUIREMENTS AND TESTING PROCEDURES FOR
PROMOTIONAL EXAMINATION APPOINTMENTS
Eligibility requirements and testing procedures for promotional examination appointments shall be in accordance with the City's personnel policies.
ARTICLE 28. LAYOFFS
The City may layoff an employee due to lack of work or lack of work funds. The City shall inform the Union in writing regarding potential layoffs no less than (60) days prior to any notice of layoff being sent to individual employees.
In the event of a reduction in work force in the Fire Department, the City shall designate the classification(s) and positions to be eliminated. The City shall provide the affected employees and the Union with a current seniority list for the classification(s) affected, the reason for the layoffs and the effective date of layoffs. Additionally, affected employees shall be provided a summary of all accrued benefits and entitlements at least (30) days prior to the effective layoffs.
Layoffs shall be made among all bargaining unit employees in the same classification within the Fire Department in the following order: temporary employees, probationary new employees, regular employees (including probationary promotional employees). No regular employees within the Department shall be laid off in any classification if there are temporary employees in active status in the same classification within the Department.
For purposes of this layoff policy, a regular employee is defined as an employee filling an authorized, budgeted position regardless of hours worked.
For the purpose of layoff within rank, seniority shall be defined as date of promotion with in the rank, not as date of hire. Continuous service for purposes of determining seniority shall be defined to include work related injury leave up to one (1) year's duration as determined by City records.
The order of layoff within a classification shall be based exclusively on seniority, with the least senior employee being the first to be laid off.
In the event that an employee is notified of layoff that employee shall have the right to ("bump") the first person lower in seniority in the next lower classification in the Department. For purposes of "bumping", seniority shall be defined as length of service, from date of hire, in any regular position(s) held within the Department as determined by Department personnel records. An employee must notify the City of his/her desire to return to a previously held classification within five (5) working days after receipt of written notice of layoff.
No new employees shall be hired until qualified employees laid off previously have been given an opportunity to return to work in accordance with their classification and seniority 192
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rights. The City shall keep all seniority records for call back purposes. In the case of a recall, employees who have been laid off shall be notified, at their last known address, in order of the Union seniority list, to report to work. The notice shall be by registered mail return receipt. In the event a former employee so notified fails to report for work within Thirty (30) days after receipt of such notice, the employee shall forfeit their seniority and all reemployment rights associated therewith. However, if the employee is prevented from reporting because of sickness or an emergency involving the employee or immediate family, or other legitimate reason, and so notifies the City within the initial thirty (30) day period and presents documented proof, the employee shall be allowed an additional ten (10) days in which to return to Work. If the employee is unable to return at this time, the employee will be given an opportunity to return at the next opening. Each employee on a lay off status must notify the City in writing, advising of any changes of address and their availability for work.
Notwithstanding the above, the City retains the right to restructure the fire department and positions within the fire department. The City also retains the right with respect to how and when positions following layoff are filled.
ARTICLE 29. FITNESS FOR DUTY
1. The City and the Association agree that employees must be physically and mentally fit to perform the duties of the job in order to instill public confidence in the fire service. This Fitness for Duty shall be based on NFPA 1582. It is equally important that the dignity and rights of all personnel be respected and followed in the administration of fitness for duty examinations. The Fire Chief or designee, in consultation with the Human Resources Director and City Manager, may determine that a member who demonstrates behavior or performance that calls into question the employee's fitness for duty may be required to submit to a physical or psychological fitness for duty examination.
2. The medical provider who performs the fitness for duty exam will be provided with the documentation detailing the performance and behavior issues as well as a job description. An employee administratively relieved from duty pending a fitness exam shall be placed on paid administrative leave until the results of the examination are known to the Chief, City Manager, and Human Resources Director. When the results of the examination indicate that the employee is fit to perform the regular duties of the position, the employee shall be returned to work on the employee's next regular work shift. When the results of the examination indicate the employee is not fit for duty, the employee will be placed on leave. An employee with no unused, accrued leave may be placed in an unpaid status.
3. Exams. The cost of the examination shall be borne by the City. An employee shall be paid for all time spent in the exam, including travel to and from the exam.
ARTICLE 30. TIED SENIORITY
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In the event more than one firefighter is hired on the same date, the order of seniority for those employees will be the same order the employees ranked in the pre-employment examination, as determined by their score.
ARTICLE 31. RE-OPEN MEET AND CONFER PROCESS
During the term of this MOU, the parties agree to meet and confer with regard to the term and conditions of issues of consolidation, merger, contracting out, incorporated and absorbed by any entity private, State or Local government.
ARTICLE 32. MEET AND CONFER
Whenever the exercise of the City's rights shall impact matters within the scope of representation for the employees of the bargaining unit, the City agrees to meet and confer with the Union regarding the impact of the exercise of such rights. This Article shall not prohibit the City from requesting to meet and confer on changes to federal, state, local statutes, regulations or case law, and City administrative policies referred to or cited in this MOU, in which case the request to meet and confer shall not be refused. During the term of this MOU, any changes/additions to the MOU shall occur through the use of a Side Letter agreed to by the parties to this MOU.
ARTICLE 33. PROVISIONS OF LAW/SEVERABILITY PROVISIONS
It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and federal and state regulations. If any part of provision of the MOU is in conflict or inconsistent with such laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby.
ARTICLE 34. AMERICANS WITH DISABILITIES ACT
The parties acknowledge the applicability of the Americans With Disabilities Act ("ADA") and intend to apply and implement this MOU so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this MOU.
ARTICLE 35. SOLE AGREEMENT
A. The policies set forth in this MOU constitute the entirety of the policies which are subject to the meet and confer obligation as agreed to by the parties. To the extent that any other agreement should be in conflict with these policies, the MOU controls.
B. If, during its term, the parties hereto should mutually agree to modify, amend or alter the provisions of the MOU in any respect, any such change shall be effective only if and when reduced to writing, executed by the authorized representatives of the City 194
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and the Association, and approved and adoption by the City Council. Any such changes validly made shall become a part of this MOU and subject to its terms.
C. The waiver of any breach or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.
D. In the event that any of the policies contained in this MOU should be declared by a court of competent jurisdiction to be unenforceable or illegal, that policy or set of policies shall be declared void. However, this action shall in no way invalidate the remaining policies contained in this MOU. Should a policy within the MOU become void as outlined above, either the City or the Association may institute the meet and confer process in regard to instituting a substitute item.
ARTICLE 36. EXISTING MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall supersede all existing agreements between the City and Association. If a policy, regulation, or rule of the City of Greenfield is in conflict with this MOU, the MOU will supersede those policies, regulations or rules. 195
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GREENFIELD PROFESSIONAL FIREFIGHTERS’ ASSOCIATION INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4656
By: Date:
Captain David FrizzellBen Rianda, President
CITY OF GREENFIELD
By: Date:
Paul Wood, City Manager
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EXHIBIT A
2022-2023
FY 25-26 Pay Scale
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Firefighter $30.52 $32.05 $33.65 $35.33 $37.10 $38.96
Fire Engineer $36.05 $37.85 $39.74 $41.73 $43.82 $46.01 Fire Captain $43.44 $45.61 $47.89 $50.28 $52.80 $55.44
Formatted: Font: Bold
Formatted Table
197
RESOLUTION NO. 2025-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF
GREENFIELD AND THE GREENFIELD PROFESSIONAL FIRE FIGHTERS
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL
4656ASSOCIATION
WHEREAS, the Greenfield Professional Firefighters Association (“Association”) and City of Greenfield (“City) have met and conferred in good faith; and WHEREAS, the City and Association have agreed on a Memorandum of Understanding.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield as follows:
1. The Memorandum of Understanding attached as Exhibit A hereto is approved.
PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting of the City Council held on the 24th day of June 2025, by the following vote:
AYES, and all in favor, therefore, Councilmembers:
NOES, Councilmembers:
ABSTAIN, Councilmembers:
ABSENT, Councilmembers:
_________________________________
Robert White, Mayor
Attest:
______________________________
Ann F. Rathbun, City Clerk
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GREENFIELD, CALIFORNIA
MEMORANDUM OF UNDERSTANDING
Between
CITY OF GREENFIELD
And
GREENFIELD PROFESSIONAL FIREFIGHTERS
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 4656
July 1, 2025, to June 30, 2026
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ARTICLE 1. PREAMBLE
This Memorandum of Understanding ("MOU") is made and entered into between the City of Greenfield ("City") and the Greenfield Professional Firefighters, I.A.F.F. Local 4656 ("Association") pursuant to California Government Code Sections 3500, et seq. as their exclusive mutual agreement. The purpose of this MOU is to promote and provide for harmonious relations, cooperation, and understanding between the City and its employees covered herein so as to promote employer-employee relations by providing a written document enumerating the entire agreement between the City and Association pursuant to the purpose and intent of California Government Code Section 3500; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this MOU; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours, and other terms and conditions of employment of the employees covered under this MOU, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation. In cases where there is a conflict between this MOU and the Association directives, this MOU shall prevail.
ARTICLE 2. RECOGNITION
The City recognizes the Association as the majority representative for all full-time classifications in this Unit. The City recognizes the Association as the exclusive representative of the employees group consisting solely of the classification of full-time Fire Captain, Fire Apparatus Engineer, Firefighter and any rank covered by this section assigned to a forty (40) hour assignment, who are regularly employed by the City, and others as added to the representation unit from time to time under existing law.
ARTICLE 3. IMPLEMENTATION
This MOU constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the MOU by the membership of Association. It is agreed that this MOU shall not be binding upon the parties, either in whole or in part, unless and until the City Council acts by majority vote to formally approve and adopt this MOU. It is further agreed that, if the City Council approves and adopts this MOU, City management will act in a timely manner to make the changes or recommend the City Council make the changes, in city ordinances, resolutions, rules, policies, and procedures necessary to implement this MOU.
ARTICLE 4. TERM
The term of this Memorandum shall be from July 1, 2025, through June 30, 2026.
ARTICLE 5. CITY RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of 200
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service; determine the procedures and standards of selection for employment and promotion; direct its employees; to hire, promote, transfer, and assign employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; contract out bargaining unit work to third parties, after meeting and conferring over decision and effects; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.
ARTICLE 6. NO STRIKE AND NO LOCKOUT
A. No Strike. During the term of this MOU and in accordance with Labor Code Section 1962, neither the employees nor any agents or representatives will instigate, promote, sponsor, engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of the operations of the city, regardless of the reason for so doing.
B. Penalty. If a strike occurs in violation of Article 6.A. or Labor Code Section 1962, the City may utilize any legal remedies available to it to halt the strike. In addition, any employee engaging in activity prohibited by Article 6.A. or Labor Code Section 1962, or who instigates or gives leadership to such activity, shall be subject to disciplinary action up to, and including, termination of employment.
C. No Lockout. During the term of this MOU, the City will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 6.A.
D. Association Official Responsibility. Each employee who is an officer of the Association occupies a position of special trust and responsibility in maintaining and bringing about compliance with the provisions of this Article. The employees agree to inform members of their obligations under this MOU and Labor Code Section 1962 and to direct them to return to work in the event of a strike.
ARTICLE 7. WORK SCHEDULE
Firefighters typically work a 56-hour work week on a 48/96 rotation. In the regular rotation, firefighters will work two (2) consecutive 24-hour shifts in a row and then have four (4) consecutive days off. All timekeeping and leave usage is calculated on a 24 hours shift basis. 40-hour workweeks are as defined in Article 9.
Minimum Staffing: Sufficient full-time personnel shall be maintained on duty and available for response to alarms. Sufficient firefighting personnel shall be available to provide a minimum of one captain, one engineer, and one firefighter per unit. A unit is an engine company or a ladder company.
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If a sufficient number of personnel are not available to meet the minimum staffing requirements, regular full-time firefighting personnel may be retained or recalled on overtime as allowed by law.
Call Back: “Call-back” work is an unscheduled duty assignment for which an employee, who is off shift, is requested, by the Fire Chief or his designee, to return to work due to an emergency, training or meeting. It does not include an extension of shift or shift coverage (shift trade or scheduled overtime) for another employee, and it must be approved by the Fire Chief or his designee.
Employees called back to work by the Fire Chief or his designee shall be compensated, at the overtime rate, for hours actually worked during that event. Employees shall be paid a minimum of two (2) hours for each call-back event. If a call-back event runs into an employee's regularly scheduled shift, the hours during the regularly scheduled shift shall not be compensated as overtime.
Shift Bid Process: The Shift Bid process will be conducted every two years. The shift bid process will begin on December 1st of every odd year.
Shift Bid Parameters: A shift Bid Committee will consist of three (3) contact persons, the Fire Chief or their assigned person and the union President. Shift bids are seniority based.
Seniority is defined as date of promotion within the rank, not date of hire.
Selection order shall be - (1st) Captains, (2nd) Engineers. One contact person will be assigned by the Association to contact the Captains, one contact person will be assigned to contact the Engineers.
Personnel transfers will occur in January in accordance with the FLSA cycle.
Exchanges of On-Duty Time. All shift trades are the responsibility of the employee. Shift trades will not have an adverse financial effect on the City (i.e., no overtime for shift trades). The City shall not be responsible for approving or tracking trades other than to assure all positions are filled on the schedule and that the trade complies with the terms set forth herein.
There shall be no selling of shifts disguised as trades. All trades shall be made pursuant to City and Fire Department policy. There will be no shift trades with employees who are not qualified to fill the position. Shift trades shall not be allowed when it causes an employee to work excessive hours thereby creating a possible safety hazard.
Mutual Aid: Mutual Aid Agreements codify an understanding among two or more entities to provide support in a given context. Mutual Aid Agreements allow two or more parties to furnish resources and facilities and to render services to each and every other party of the agreement to prevent and combat any type of disaster or emergency. Should the City enter into a Mutual Aid Agreement, any such aid given by City fire personnel shall only be allowed if City shifts remain properly staffed. The City shall have the authority to call 202
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employees back to work or to hold over fire personnel when a crew has left the City in accordance with a Mutual Aid Agreement.
Maximum Number of Work Hours: Fire Personnel are limited to working 72 hours in a row, absent an emergency.
ARTICLE 8. SHIFT COVERAGE
In the event of an open shift due to approved leave, sickness or assignment, the following procedure will be used.
Coverage of a Captain's shift1. Contact Captains. If no Captains are available or all have declined then,
2. Contact qualified Engineers on the acting in capacity list.
Definition: Qualified Engineers on the acting in capacity list have completed the position task book for the Captain's position, meet all other requirements set forth in the Captain's job description and have completed all required training for the position of Captain.
Coverage of an Engineer's Shift1. Contact Engineers. If no Engineers are available or all have declined then,
2. Contact Captains. If no Captains are available or all have declined then,
3. Contact qualified Full Time Fire Fighters on the acting in capacity list. If no Full Time Fire Fighters are available or have declined then,
4. The Shift will be offered to a qualified Part Time Fire Fighters on the acting in capacity list.
Definition: Qualified Fire Fighters on the acting in capacity list have completed the position task book for the Engineers position, meet all other requirements set forth in the Engineers job description and have completed all required training for the position of Engineer.
Coverage of a Full Time Fire Fighter's ShiftIn the event the Fire Department hires a Full Time Fire Fighter position, the procedure will be as follows,
1. Contact Full Time Fire Fighters. If no Fire Fighters are available or all have declined then,
2. Contact Engineers. If no Engineers are available or all have declined then,
3. Contact the Captains. If no Captains are available or all have declined then,
4. The shift will be offered to the Part Time Fire Fighters.
The Association will develop a rotational staffing list in accordance with Fire Department safety policies in agreement with the Fire Chief. The Fire Chief and the Association will work together to maintain and update the rotational staffing list. 203
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ARTICLE 9. SALARY
A. See the Salary Schedule attached hereto as Exhibit A.
B. The base hourly pay rate (straight time pay) is calculated by taking the base annual salary multiplied by twelve (12) months and divided by 2920 hours. The FLSA rate is 50% of this number.
56 Hour Work Week: the work week shall average 56 hours.
Shifts: On-duty shifts shall commence at 8:00 a.m. and shall be completed at 8:00 a.m. the following day.
40 Hour Work Week: The work week shall average 40 hours. The work week for employees assigned to a 40-hour/week schedule shall typically consist of five (5) consecutive days totaling 40 hours commencing at 8:00 a.m. and ending at 4:00 p.m. An alternate work schedule (such as a 4-10 plan) may be assigned by the Fire Chief. The alternate work schedule shall commence 7:00 a.m. and end at 5:00 p.m.
Schedule: The Fire Chief shall assign starting and quitting times to these employees to meet operational needs. Affected employees will be notified five (5) working days in advance of changes in work schedules. This shall not preclude the City from effecting schedule changes due to operational needs, overtime or emergency work.
Overtime. FLSA Overtime shall consist of authorized hours actually worked in excess of 106 hours in a 14-day FLSA period as permitted by the United States Department of Labor regulations pursuant to the FLSA 7(k) exemption.
ARTICLE 10. DISASTER RESPONSE
All fire personnel must be available in disaster situations and shall respond to a disaster situation, pursuant to the requirements of Government Code Section 3100.
ARTICLE 11. MOU OVERTIME
MOU overtime is time worked outside the employees' work schedule set forth in Article 7 or time worked covering any employee receiving department approved leave or assignment. MOU overtime shall be compensated at one and one-half (1 1/2) times the employee's regular rate of pay.
ARTICLE 12. VACATION
A. Vacation Allowance
0 — 5 years 14 hours per month
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5 - 15 years 20 hours per month
15 years and above 24 hours per month.
B. Vacation Accumulation/Banking.
Employees shall be allowed to bank earned vacation hours as follows:
0 to 5 years' employment: up to 240 hours;
5 to 15 years' employment: up to 360 hours;
15 plus years' employment: up to 504 hours.
C. Vacation Scheduling. An employee may take his/her annual vacation leave at any time during the year, contingent upon determination by his/her Department Head that such absence will not materially affect the department. Each employee must consider the needs of the service when requesting annual vacation leave. When a family emergency arises which necessitates the use of vacation time, an employee shall provide as much advance notice as possible considering the particular circumstances.
ARTICLE 13. COMPENSATORY TIME OFF (“CTO”)
Employees shall have the option to accumulate Compensatory Time Off (CTO) in lieu of pay for overtime or FLSA hours worked. CTO is accumulated at a rate of 1.5 to 1.0 to a total of 80 hours maximum and may be taken at the convenience of the Employee and subject to the vacation scheduling. CTO in excess of one (1) hour shall be computed in one-half (1/2) hour increments by rounding up to the next one-half hour. Payment for compensatory time may be requested by the employee by November 15 of each year and paid by December 1.
CTO Allowance for Separated Employees. Upon separation, an employee shall receive the higher of (1) his/her current hourly rate of pay, (2) or his/her average regular rate during the last three (3) years of employment, times 100% of the employee's accrued CTO leave hours.
ARTICLE 14. HOLIDAYS
All employees covered under this MOU shall receive compensation for the following holidays:
New Year's Day
Martin Luther King Day
Presidents' Day
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Cesar Chavez Day
4th of July
Labor Day
Columbus Day
Veterans' Day
Thanksgiving and the day after
Christmas Eve and Christmas
Memorial Day
Personal holiday (since employee is paid in lieu of this, employee cannot actually take the day off and call it a personal holiday. It is included in the holiday payout as set forth below.)
In Lieu Pay: Firefighters will receive the equivalent of eleven and two tenths (11.2) hours holiday pay. The holiday pay shall be paid on a prorated basis as follows: 13 holidays per year to be paid on a prorated basis over 26 pay periods. All 40-hour per week employees shall receive holiday pay at the rate of 8 hours a day for each holiday.
ARTICLE 15. SICK LEAVE
An Employee's accrued sick leave from employment at the Greenfield Fire Protect District ("District") may be transferred to the Employee's leave bank with the City upon employment by the City. This leave will be placed in a separate bank from the remainder of the Employee's sick leave. Sick leave from employment at the District may be used while working but shall not be paid out upon separation from employment with the City.
Consistent with other sick leave, an Employee's sick leave from employment at the District may be converted to retirement service credits of up to 1 year of credit upon an employee's retirement, subject to all CaIPERS rules now and in the future. (City will not be responsible should CaIPERS change their rules. Employee bears the entire risk with any CaIPERS related actions as it relates to retirement and service credits.) Sick leave shall be accrued monthly as follows:
Years of Completed
Service
Equivalent hours of
Completed Continuous
Service Exclusive of
Overtime
Hourly Accrual Rate
1-5 0.01 through 14,600 9.333 hours/month
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5-15 14,600.01 through 43,800 14 hours/month
15+ 43,800.01 or more regularly
scheduled hours
18.67 hours/month
An Employee who retires and/ or resigns in good standing shall receive payment of City accumulated sick leave as follows:
1. After five (5) years of continuous service and separation in good standing, ten percent of (10%) of the first 1,000 hours of accumulated sick leave.
2. After ten (10) years of continuous service and separation in good standing, twenty percent (20%) of the first 1,000 hours of accumulated sick leave.
3. After fifteen (15) years of continuous service and separation in good standing, thirty percent (30%) of the first 1,000 hours of accumulated sick leave.
4. After twenty (20) years of continuous service and separation in good standing, forty percent (40%) of the first 1,000 hours of accumulated sick leave.
For purposes of City sick leave payout, the total accumulated City accrued sick leave that may be applied to the sick leave payout formula is 1,000 hours.
Employees may not accrue more than 2920 hours of City sick leave. Once this maximum accrual limit has been reached the Employee will no longer be credited with additional City sick leave hours. Upon retirement, an Employee's accrued sick leave may be used for retirement service credits of up to one (1) year of credit, subject to all CaIPERS rules now and in the future. The Parties agree and acknowledge that the City will not be responsible should CaIPERS change their rules, and Employee bears the entire risk with any CaIPERS related actions as it relates to retirement and service credits.
ARTICLE 16. INCENTIVE PAY
1. Spanish Incentive. Employees who pass a certification assessment jointly established by the City and the Association, which indicates sufficient competency as a qualified bilingual speaker in English and Spanish, and who can demonstrate their ability to speak Spanish to the satisfaction of the Fire Chief and the City Manager, shall receive additional pay of two and one-half percent (2.5%) above their base salary. Only Employees who successfully pass the certification assessment shall be eligible to receive this payment.
2. California State Fire Training (SFT) Certificate Pay Incentive. The City will provide, to regular full-time fire employees (“Employees”), SFT certificate incentive pay as follows: (i) two and one-half percent (2.5%) for Company Officer Certification; and (ii) two and one-half percent (2.5%) for Fire Apparatus Driver/Operator Pump 207
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Apparatus Certification. No Employee may receive more than five percent (5%) as SFT certificate incentive pay.
3. Education Pay Incentive. The City will provide, to qualified Employees, education incentive pay as follows: (i) two and one-half percent (2.5%) for Employees possessing an Associate Degree; and (ii) five percent (5%) for Employees possessing a Bachelor’s Degree. Associate degrees must be in a fire protection technology or a fire/EMS related field. Bachelor’s Degrees must be in one of the following fields: (1) Fire science or fire related degree program; (2) Public administration; (3) Organizational leadership; (4) Business administration; (5) Business management; or (6) any other field approved by the Fire Chief, as such may be associated with fire science. No Employee may receive more than five percent (5%) as education incentive pay.
4. Combined SFT Certificate and Education Pay Incentive. Employees eligible to receive SFT Certificate and Education Pay incentives may combine these incentives, provided that no Employee shall receive a combination of SFT Certificate and Education Pay incentives exceeding a cumulative total of seven and one-half percent (7.5%).
5. Tuition Reimbursement. Employees shall be reimbursed up to $1,500.00 per fiscal year for books, tuition and related educational expenses for attending college or other professional training, provided the course work is approved by the Fire Chief prior to incurring any such expenses. Payment will be made when proof of a passing grade (C or better) and submittal of expenses is received by the Fire Chief.
6. Acting in Capacity. An Employee assigned by the Fire Chief or his designated representative to perform the duties of a higher classification as a temporary assignment shall thereafter receive a five percent (5%) increase from the Employee’s base salary for such higher classification for the duration of the temporary assignment starting the first day worked. Such an assignment shall be subject to all CalPERS rules and regulations.
ARTCLE 17. EXCHANGE OF ON-DUTY TIME
Upon approval of the Fire Chief or his designee, represented employees shall be allowed to exchange on-duty time.
Any and all exchanges of on-duty time are the responsibility of the employee. Exchanges can only occur as long as there is no impact on the City. (i.e. employees shall not be entitled to overtime pay for more hours worked in a pay period that results because of an 208
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exchange of on-duty time.) The City shall not be responsible for tracking exchanges other than ensuring all positions are filled on the work schedule.
There shall be no selling of shifts disguised as exchanges.
All exchanges shall be made in accordance with City and Fire Department policy.
Employees may not exchange on-duty time with people who are not qualified to fill the position being exchanged. Exchanges will not be allowed when such would cause an employee to work in excess of 72 hours.
ARTICLE 18. BEREAVEMENT
Five days of sick leave shall be permitted in case of death of a relative of the first degree by blood (parent, child, brother, sister or a close relative residing in the household of the employee) or spouse.
ARTICLE 19. HEALTH INSURANCE
Employees shall be responsible for paying $135.00 per month for health insurance coverage provided by the City. Employees who elect to include a dependent on their insurance coverage shall be responsible for paying 25% of the premium for dependent coverage. The City shall pay the balance of health insurance premium costs, including those related to dental and vision. (See Schedule of Benefits attached hereto as Exhibit B).
Health Insurance Opt-Out Program. Employees may elect to waive participation in the City’s health insurance plan and receive a monthly cash payment in lieu of coverage. The monthly cash payment amount shall be determined by the level of coverage for which the employee would otherwise be eligible: three hundred dollars ($300) for employees eligible for family coverage, two hundred dollars ($200) for employees eligible for employee plus one dependent coverage, and one hundred dollars ($100) for employees eligible for individual coverage only.
To participate in the opt-out program, employees must provide satisfactory documentation of alternative health insurance coverage that meets minimum essential coverage requirements. Employees participating in the opt-out program must annually verify their continued eligibility for their designated coverage level by submitting appropriate documentation during the open enrollment period, including proof of dependent status and family composition as applicable.
Employees may terminate their participation in the opt-out program and enroll in Cityprovided health insurance during the annual open enrollment period or upon experiencing a qualifying life event as defined under federal law.
ARTICLE 20. ACCIDENTAL LIFE INSURANCE
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The City shall provide accidental life insurance to all employees subject to this MOU in the amount of $50,000.00. All other conditions shall be governed by the term of such coverage.
ARTICLE 21. UNIFORM ALLOWANCE
All safety clothing, as well as any other uniform required by the City, shall be supplied by the City at no cost to the Employee.
ARTICLE 22. PROBATIONARY PERIOD
All newly hired employees (other than those transferred on July 1, 2018) shall be subject to a probationary period of one (1) year of actual service commencing with the date of appointment. The Fire Chief may extend the probationary period for up to six (6) months.
During the probationary period an Employee may be rejected at any time by the Fire Chief without right to pre-disciplinary process or of appeal in any manner and without recourse to the procedures provided in Article 21 (grievances) thereof.
ARTICLE 23. DISCIPLINE AND DISCHARGE
Authority - Full authority for discipline is retained by the city. The city may discipline a regular Employee for just cause. In appropriate cases the city will use progressive disciplinary practices.
Representation - An Employee attending any investigatory or fact-finding meeting, which may result directly in discipline, reduction in pay, suspension, demotion or discharge, shall be allowed representation by the Association.
Grounds for Discipline - The city has the authority to impose appropriate discipline upon any represented Employee for cause. Discipline shall be commensurate with the seriousness of the offense and with consideration of the employee's prior performance and disciplinary record. Grounds for discipline may include but are not limited to the following: (1) Fraud in securing employment including untruthfulness, misrepresentation or omission of information; (2) Incompetence, neglect of duty, willful disobedience, insubordination, tardiness, working unauthorized overtime, public disclosure of privileged information or dishonesty; (3) Failure to maintain certification and licenses required by law or the Fire Department; (4) Being under the influence of alcohol or intoxicating drugs while on duty; (5) Unauthorized absence without leave; (6) Criminal conviction having some relevance to the job; (7) Intentionally being discourteous to the public; (8) Unauthorized use of or neglect of city property; (9) Abuse of sick leave; (10) Unauthorized outside employment that constitutes a conflict of interest; (11) Acceptance of a gift or gratuity that constitutes a willful conflict of interest; (12) Falsification of any city report or record; (13) Willful violation of any of the provisions of the City Code, ordinances, resolutions or any rules, regulations or policies which may be prescribed by the City Council, City Manager, Fire Chief, or supervisor; (14) Political activities precluded by State 210
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or Federal law' (15) Other acts that are incompatible with service to the public; and (16) Failure to respond to questions or otherwise fail to participate during an investigation conducted by the city or its agents.
Firefighter Bill of Rights Procedures - The following appeals procedures are adopted pursuant to Government Code Section 3254.5 of the California Firefighter Procedural Bill of Rights Act (FBOR) and shall apply to any administrative appeal of a punitive action that is required to be afforded to a firefighter under FBOR. Prior to taking punitive action involving discipline, suspension without pay, reduction in pay, demotion or discharge, the employee shall be given notice of the action to be taken, which shall include, the effective date of the proposed action, the changes against the employee, the evidence or materials upon which the action is based and notice of the employee's right to be represented by an attorney or other representative at further proceedings.
Pre-Discipline Process - The employee will be given an opportunity to respond to the Fire Chief either orally or in writing, provided the employee requests the opportunity within seven (7) calendar days of the notice of the intended action. If the employee or his/her designated representative requests the right to respond to the proposed punitive action, imposition of proposed punitive action shall be deferred until after the response is received by the Fire Chief. It is the Fire Chief's responsibility to coordinate the scheduling of the conference within fourteen (14) consecutive days of the employee's request. The Fire Chief or designee shall be responsible for receiving the employee's and/or his/her representative's response to the proposed discipline. The conference shall be conducted informally and shall be limited to the presentation of information by and through the employee and/or his/her representative in response to the charges and allegations set forth in the notice of proposed discipline. In the event the employee is unable to respond to the charges within the time permitted and demonstrates the reasonableness of a need for a continuance, the presiding officer may grant a continuance of up to an additional five (5) calendar days. The time limits described herein are essential and may only be modified or enlarged by mutual consent of both the employee and the Fire Chief or his/her designee. The above process will occur prior to the imposition of the discipline.
Notice of Discipline - After conclusion of the pre-disciplinary conference and within 30 days of the department's final decision, but not less than forty-eight (48) hours prior to imposing discipline, the Fire Chief shall notify the employee in writing of the nature and extent of the discipline, if any, and the time of commencement thereof. The .notice shall also contain a statement of charges which shall set forth the acts or omissions with which the employee is charged in order that the employee will be able to prepare his/her defense. Also, the notice shall specify the city rules, regulations, policies and procedures which the employee is alleged to have violated. The notice of discipline shall also advise the employee of his/her right to request an appeal hearing by filing a Notice of Appeal as provided herein. The Notice of Appeal must be filed within 15 days after service upon the employee of the Notice of Discipline. Failure to request an appeal hearing within the 15- day period, will constitute waiver of the employee's right of appeal. The Notice of Discipline shall be served personally on the employee with a proof of service noticed and retained by the department.
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Right to Appeal - An employee has the right to appeal punitive action according to the appeal procedure as set out below. Written notice of discipline shall inform and remind the disciplined employee of this right.
Appeal of Punitive Action Not Involving Discharge, Demotion, Reduction in Pay or Suspension. The City shall comply with the requirements for informal hearings set forth in Chapter 4.5. of Part 1 or Division 3 of Title 2 of the California Government Code.
Appeal Procedure for any Punitive Action Involving Discharge, Demotion, Reduction of Pay or Suspension. A formal appeal procedure shall be available for a disciplinary action involving discharge, demotion, reduction in pay or suspension of more than five days. The administrative appeal shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. The City will bear all administrative costs associated with a formal appeal of discipline and the subsequent hearing: including the presiding officer, court reporter and transcription costs, if any. The employee or employee organization will be responsible for the cost of his or her own representation or attorney fees and preparation documents.
Notice of Discipline as Accusation- The final notice of discipline which may be issued at the conclusion of any pre-disciplinary procedures shall serve as the Accusation as described in Government Code §§ 11500, et seq. The notice shall be prepared and served in conformity with the requirements of Government Code §§11500, et seq.
Failure to conform with material requirements of this clause shall render the discipline or discharge null and void.
ARTICLE 24. GRIEVANCES
A grievance is an allegation made by an employee that the employee has been damaged or denied a benefit by the City due to misapplication or a mistaken interpretation of a specific provision of this Agreement, or the City's Personnel Rules. Grievances shall be filed in accordance with the City Personnel Rules, Personnel Rule 14.
Reviewable and Non-Reviewable Grievances. To be reviewable under this procedure a grievance must: (a) Concern matters or incidents that have occurred. (b) Result from an act or omission by management regarding working conditions or other matters contained in this Agreement over which the Fire Chief has control. (c) Arise out of a specific situation, act, or acts which result in damage to the employee. (d) Arise out of a misinterpretation or misapplication of this Agreement.
A grievance is not reviewable under this procedure: (a) If it is a matter which would require a modification of a policy established by City Council or by law; or (b) Is reviewable under some other administrative procedure and/or rules of the City of Greenfield such as: (1) Applications for changes in title, job classification, or salary; (2) Appeals from formal disciplinary proceeding; or (3) Appeals from work performance evaluations. 212
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ARTICLE 25. RETIREMENT PLAN
All fire personnel transferring from the District to City shall retain their PERS Retirement Plan as it exists as of the date of the transfer (as long as such transfer is allowed/approved of by PERS). All new PERS employees shall receive retirement pursuant to the Public Employees' Pension Reform Act (“PEPRA”).
ARTICLE 26. DRUG TESTING
Employee Testing shall be in accordance with the City Personnel Rules.
ARTICLE 27. ELIGIBILITY REQUIREMENTS AND TESTING PROCEDURES FOR
PROMOTIONAL EXAMINATION APPOINTMENTS
Eligibility requirements and testing procedures for promotional examination appointments shall be in accordance with the City's personnel policies.
ARTICLE 28. LAYOFFS
The City may layoff an employee due to lack of work or lack of work funds. The City shall inform the Union in writing regarding potential layoffs no less than (60) days prior to any notice of layoff being sent to individual employees.
In the event of a reduction in work force in the Fire Department, the City shall designate the classification(s) and positions to be eliminated. The City shall provide the affected employees and the Union with a current seniority list for the classification(s) affected, the reason for the layoffs and the effective date of layoffs. Additionally, affected employees shall be provided a summary of all accrued benefits and entitlements at least (30) days prior to the effective layoffs.
Layoffs shall be made among all bargaining unit employees in the same classification within the Fire Department in the following order: temporary employees, probationary new employees, regular employees (including probationary promotional employees). No regular employees within the Department shall be laid off in any classification if there are temporary employees in active status in the same classification within the Department.
For purposes of this layoff policy, a regular employee is defined as an employee filling an authorized, budgeted position regardless of hours worked.
For the purpose of layoff within rank, seniority shall be defined as date of promotion with in the rank, not as date of hire. Continuous service for purposes of determining seniority shall be defined to include work related injury leave up to one (1) year's duration as determined by City records.
The order of layoff within a classification shall be based exclusively on seniority, with the least senior employee being the first to be laid off.
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In the event that an employee is notified of layoff that employee shall have the right to ("bump") the first person lower in seniority in the next lower classification in the Department. For purposes of "bumping", seniority shall be defined as length of service, from date of hire, in any regular position(s) held within the Department as determined by Department personnel records. An employee must notify the City of his/her desire to return to a previously held classification within five (5) working days after receipt of written notice of layoff.
No new employees shall be hired until qualified employees laid off previously have been given an opportunity to return to work in accordance with their classification and seniority rights. The City shall keep all seniority records for call back purposes. In the case of a recall, employees who have been laid off shall be notified, at their last known address, in order of the Union seniority list, to report to work. The notice shall be by registered mail return receipt. In the event a former employee so notified fails to report for work within Thirty (30) days after receipt of such notice, the employee shall forfeit their seniority and all reemployment rights associated therewith. However, if the employee is prevented from reporting because of sickness or an emergency involving the employee or immediate family, or other legitimate reason, and so notifies the City within the initial thirty (30) day period and presents documented proof, the employee shall be allowed an additional ten (10) days in which to return to Work. If the employee is unable to return at this time, the employee will be given an opportunity to return at the next opening. Each employee on a lay off status must notify the City in writing, advising of any changes of address and their availability for work.
Notwithstanding the above, the City retains the right to restructure the fire department and positions within the fire department. The City also retains the right with respect to how and when positions following layoff are filled.
ARTICLE 29. FITNESS FOR DUTY
1. The City and the Association agree that employees must be physically and mentally fit to perform the duties of the job in order to instill public confidence in the fire service. This Fitness for Duty shall be based on NFPA 1582. It is equally important that the dignity and rights of all personnel be respected and followed in the administration of fitness for duty examinations. The Fire Chief or designee, in consultation with the Human Resources Director and City Manager, may determine that a member who demonstrates behavior or performance that calls into question the employee's fitness for duty may be required to submit to a physical or psychological fitness for duty examination.
2. The medical provider who performs the fitness for duty exam will be provided with the documentation detailing the performance and behavior issues as well as a job description. An employee administratively relieved from duty pending a fitness exam shall be placed on paid administrative leave until the results of the examination are known to the Chief, City Manager, and Human Resources Director. When the results of the examination indicate that the employee is fit to perform the regular duties of the 214
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position, the employee shall be returned to work on the employee's next regular work shift. When the results of the examination indicate the employee is not fit for duty, the employee will be placed on leave. An employee with no unused, accrued leave may be placed in an unpaid status.
3. Exams. The cost of the examination shall be borne by the City. An employee shall be paid for all time spent in the exam, including travel to and from the exam.
ARTICLE 30. TIED SENIORITY
In the event more than one firefighter is hired on the same date, the order of seniority for those employees will be the same order the employees ranked in the pre-employment examination, as determined by their score.
ARTICLE 31. RE-OPEN MEET AND CONFER PROCESS
During the term of this MOU, the parties agree to meet and confer with regard to the term and conditions of issues of consolidation, merger, contracting out, incorporated and absorbed by any entity private, State or Local government.
ARTICLE 32. MEET AND CONFER
Whenever the exercise of the City's rights shall impact matters within the scope of representation for the employees of the bargaining unit, the City agrees to meet and confer with the Union regarding the impact of the exercise of such rights. This Article shall not prohibit the City from requesting to meet and confer on changes to federal, state, local statutes, regulations or case law, and City administrative policies referred to or cited in this MOU, in which case the request to meet and confer shall not be refused. During the term of this MOU, any changes/additions to the MOU shall occur through the use of a Side Letter agreed to by the parties to this MOU.
ARTICLE 33. PROVISIONS OF LAW/SEVERABILITY PROVISIONS
It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and federal and state regulations. If any part of provision of the MOU is in conflict or inconsistent with such laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby.
ARTICLE 34. AMERICANS WITH DISABILITIES ACT
The parties acknowledge the applicability of the Americans With Disabilities Act ("ADA") and intend to apply and implement this MOU so as to comply with the ADA. The parties agree to consult if compliance with the ADA may require modifying the provisions of this MOU.
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ARTICLE 35. SOLE AGREEMENT
A. The policies set forth in this MOU constitute the entirety of the policies which are subject to the meet and confer obligation as agreed to by the parties. To the extent that any other agreement should be in conflict with these policies, the MOU controls.
B. If, during its term, the parties hereto should mutually agree to modify, amend or alter the provisions of the MOU in any respect, any such change shall be effective only if and when reduced to writing, executed by the authorized representatives of the City and the Association, and approved and adoption by the City Council. Any such changes validly made shall become a part of this MOU and subject to its terms.
C. The waiver of any breach or condition of this MOU by either party shall not constitute a precedent in the future enforcement of all terms and conditions herein.
D. In the event that any of the policies contained in this MOU should be declared by a court of competent jurisdiction to be unenforceable or illegal, that policy or set of policies shall be declared void. However, this action shall in no way invalidate the remaining policies contained in this MOU. Should a policy within the MOU become void as outlined above, either the City or the Association may institute the meet and confer process in regard to instituting a substitute item.
ARTICLE 36. EXISTING MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall supersede all existing agreements between the City and Association. If a policy, regulation, or rule of the City of Greenfield is in conflict with this MOU, the MOU will supersede those policies, regulations or rules. 216
Page | 19
GREENFIELD PROFESSIONAL FIREFIGHTERS’ ASSOCIATION INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4656
By: Date:
Ben Rianda, President
CITY OF GREENFIELD
By: Date:
Paul Wood, City Manager
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Page | 20
EXHIBIT A
FY 25-26 Pay Scale
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Firefighter $30.52 $32.05 $33.65 $35.33 $37.10 $38.96
Fire Engineer $36.05 $37.85 $39.74 $41.73 $43.82 $46.01 Fire Captain $43.44 $45.61 $47.89 $50.28 $52.80 $55.44
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MEMORANDUM: June 18, 2025
AGENDA DATE: June 24, 2025
TO: Mayor and City Council
FROM: Jamie Tugel, Director of Public Works
TITLE: A RESOLUTION AWARDING A PROFESSIONAL SERVICES
CONTRACT TO HARRIS & ASSOCIATES IN AN AMOUNT NOT
TO EXCEED $441,493.00 FOR DESIGN SERVICES FOR THE
REPLACEMENT OF THE TYLER LIFT STATION, AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE THIS CONTRACT AND ASSIGN ADDITIONAL
WORK IN ACCORDANCE WITH THIS RESOLUTION
______________________________________________________________________________ BACKGROUND:
The Wastewater Collection Master Plan (Master Plan), prepared by Wallace Group in May of 2021, reported that the existing lift station physically cannot handle larger pumps than the existing 20 HP pumps; thus, the lift station pumping capacity cannot be increased. The design capacity is 600 gpm but field tests indicated an operating capacity of 193 gpm.
The Master Plan states that the Tyler Lift Station would fulfill the conditions expected for 2021; however, it was noted that it was not sized nor capable of meeting the capabilities for future (now existing) conditions. Although the lift station has a relatively large operating volume, it appears to be undersized, causing the pumps to cycle too frequently under existing peak hour and future average day conditions.
The City issued a Request for Qualifications (RFQ) for Professional Design Services for the Tyler Lift Station Replacement on March 19, 2025. The City received 5 fully responsive Statements of Qualifications (SOQ) on April 24, 2025, from the following firms: Dudek, Harris & Associates, City Council Memorandum
599 El Camino Real Greenfield CA 93937 831-6745591
www.ci.greenfield.ca.us
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MNS, Schaaf & Wheeler, and Wallace Group. After a review of each SOQ, staff is recommending the approval of a professional services contract with Harris & Associates in an amount not-toexceed $441,493.00. Any subsequent change in scope and cost of services beyond that defined in the agreement will require Council Approval.
BUDGET AND FINANCIAL IMPACT:
The funding for this Capital Project is from the Sewer Impact Fund. The estimated total project cost includes the following and is within the FY 25/26 CIP budget. *There are two optional services included in the contract for a total of $23,980.00, or 5% of the contract cost. Staff will determine if these optional tasks will be necessary during the Preliminary Design Phase.
Harris and Associates Preliminary Design $109,406.00
Preliminary Design (Optional*)
– Geotechnical Investigation
$ 24,160.00*
Preliminary Design (Optional*)
– Survey
$ 8,659.00*
Bid Support Services $ 20,390.00
Detailed Design $204,855.00
Engineering Support Service
During Construction
$ 74,023.00
TOTAL Fee not to exceed $441,493.00
MNS Engineers Project Management Assistance,
not to exceed
$ 20,000.00
PROJECT TOTAL NOT TO EXCEED $461,493.00
RECOMMENDATION:
City Staff recommend the City Council award a Professional Services Contract to Harris & Associates for design services and authorize the City Manager to negotiate and execute the contracts for these services. Staff also recommend that the Public Works Director and City Manager be authorized to assign Project Management Assistance to MNS Engineers, in an amount not to exceed $20,000.
POTENTIAL MOTION:
I MOVE TO ADOPT RESOLUTION #2025-64, A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF GREENFIELD AWARDING A PROFESSIONAL
SERVICES CONTRACT TO HARRIS & ASSOCIATES IN AN AMOUNT NOT TO EXCEED $417,513.00 FOR DESIGN SERVICES FOR THE REPLACEMENT OF THE
TYLER LIFT STATION, AND AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE THIS CONTRACT AND ASSIGN ADDITIONAL WORK
IN ACCORDANCE WITH THIS RESOLUTION
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RESOLUTION NO. 2025-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
AWARDING A PROFESSIONAL SERVICES CONTRACT TO HARRIS &
ASSOCIATES IN AN AMOUNT NOT TO EXCEED $417,513.00 FOR DESIGN
SERVICES FOR THE REPLACEMENT OF THE TYLER LIFT STATION, AND
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THIS
CONTRACT AND ASSIGN ADDITIONAL WORK IN ACCORDANCE WITH THIS
RESOLUTION
WHEREAS, the City of Greenfield adopted the Wastewater Collection Master Plan prepared by Wallace Group, dated May 2021, and
WHEREAS, the City published a formal Request for Qualifications for the Tyler Lift Station Replacement on March 19, 2025 and received five fully responsive Statements of Qualifications (SOQs) on April 24, 2025; and
WHEREAS, after a review of each proposal, City Staff is recommending the approval of a professional services contract with Harris & Associates, in the amount not to exceed $441,493.00; and
WHEREAS, additional services for project management assistance to MNS Engineers in an amount not to exceed $20,000.00; and
NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Greenfield that:
1. The total project cost is approved in the amount of $461,493.00 for the purposes of budgeting; and
2. A Professional Services contract be awarded to Harris & Associates for the design of the Tyler Lift Station replacement in an amount not to exceed $441,493.00; and
3. A not to exceed amount of $20,000.00 to provide Project Management Assistance with MNS Engineers; and
4. The City Manager is authorized to negotiate the final terms and conditions of the contracts authorized herein; and
5. The City Manager is authorized to execute any necessary agreements on behalf of the City of Greenfield.
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PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting of the City Council held on the 24th day of June 2025, by the following vote:
AYES, and all in favor, therefore, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
__________________________________
Robert White, Mayor
Attest:
______________________
Ann F. Rathbun, City Clerk
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Subtotals
Vern Phillips
(QA/QC)
Frank Lopez
(Principal-inCharge)
Leon Gomez
(Constructability)
Stephanie
Tanverakul (Project
Manager)
Fidel Salamanca (Senior
Engineer II)
Taylor Fagan (Senior
Engineer I)
Christian
Mercado (Senior
Engineer I)
Staff Engineer II Harris & Associates
Total
Cornerstone
(Geotechnical
Engineering)
(OPTIONAL)
TJCAA (Electrical) TJCAA
(Structural) Calvada (Survey)
Subconsultant
Partners Total
Mark-Up
Phase/Task $315 $330 $285 $260 $260 $190 $190 $160 10%
Phase 1.0 Project Management, Site Visits, and Team Meetings (Through Bid Phase)
1.1 General Project Management and Administration (4 months) 2 12 12 $ 7,200 $ - $0 $ 7,200
1.2 Kickoff 2 4 4 4 $ 3,600 $ - $0 $ 3,600
1.3 Submittal Review Workshops, One (BDR) 4 4 4 $ 2,940 $ - $0 $ 2,940
1.4 Monthly Project Summaries/Invoices (4) 8 8 $ 4,360 $ - $0 $ 4,360 Subtotal Hours = 0 4 28 28 0 8 0 0 68
Subtotal ($) = $0 $1,320 $7,980 $7,280 $0 $1,520 $0 $0 $18,100 $ - $ - $ - $ - $ - $0 $18,100 Phase 2.0 Preliminary Design
2.1 Data Collection and Review 8 12 16 16 $ 11,000 $ - $0 $ 11,000
2.2 Site Survey and Utility Mapping (811) 4 16 32 $ 9,200 $ 5,005 $ 5,005 $501 $ 14,706
2.3 Hydraulic Analysis & Pump Physical Constraints Assessment 4 12 16 $ 7,200 $ - $0 $ 7,200
2.4 Preliminary Design Drawings 12 24 12 40 $ 16,360 $ - $0 $ 16,360
2.5 Basis of Design Report 8 6 20 16 $ 10,000 $ 18,800 $ 7,000 $ 25,800 $2,580 $ 38,380
2.6 BDR and Preliminary Design QC Review 8 4 $ 3,660 $ - $0 $ 3,660 Subtotal Hours = 8 0 12 40 18 92 12 104 286 $ -
Subtotal ($) = $2,520 $0 $3,420 $10,400 $4,680 $17,480 $2,280 $16,640 $57,420 $ - $ 18,800 $ 7,000 $ 5,005 $ 30,805 $3,081 $91,306 Total Hours by Classification = 8 4 40 68 18 100 12 104 354 Total ($) by Classification = $ 2,520.00 $ 1,320.00 $ 11,400.00 $ 17,680.00 $ 4,680.00 $ 19,000.00 $ 2,280.00 $ 16,640.00 $ 75,520 $0 $18,800 $7,000 $5,005 $30,805 $3,081 $109,406 Percentage of Time Allocated (by hours) = 2% 1% 11% 19% 5% 28% 3% 29% $ 109,406
Phase 1.0 Project Management, Site Visits, and Team Meetings (Through Bid Phase)
1.1 General Project Management and Administration (6 months) 2 20 20 $ 11,560 $ - $0 $ 11,560
1.3 Submittal Review Workshops, Two (50%, 90%) 8 8 8 $ 5,880 $ - $0 $ 5,880
1.4 Monthly Project Summaries/Invoices (6) 12 12 $ 6,540 $ - $0 $ 6,540 Subtotal Hours = 0 2 40 40 0 8 0 0 90
Subtotal ($) = $0 $660 $11,400 $10,400 $0 $1,520 $0 $0 $23,980 $ - $ - $ - $ - $ - $0 $23,980 Phase 2.0 Preliminary Design
Optional Geotechnical Investigations 8 12 $ 4,360 $ 18,000 $ 18,000 $1,800 $ 24,160 Optional Survey 2 8 16 $ 4,600 $ 3,690 $ 3,690 $369 $ 8,659 Subtotal Hours = 0 0 0 10 0 20 0 16 46 $ -
Subtotal ($) = $0 $0 $0 $2,600 $0 $3,800 $0 $2,560 $8,960 $ 18,000 $ - $ - $ 3,690 $ 21,690 $2,169 $32,819 Phase 3.0 Detailed Design Activities
Task 3.1 60% Design
3.1.a 60% Plan Preparation 32 60 32 100 $ 41,800 $ 38,200 $ 18,650 $ 56,850 $5,685 $ 104,335
3.1.b 60% Specifications 16 16 8 16 16 $ 15,440 $ - $0 $ 15,440
3.1.c 60% Engineers Opinion of Probable Cost (EOPCC) 8 4 8 20 $ 7,560 $ - $0 $ 7,560
3.1.d 60% QC Review 16 $ 5,040 $ - $0 $ 5,040
Task 3.2 100% Design
3.3.a 100% Plan Preparation 6 32 48 $ 15,320 $ 18,400 $ 4,000 $ 22,400 $2,240 $ 39,960
3.3.b 100% Specifications 6 10 $ 3,460 $ - $0 $ 3,460
3.3.c 100% Engineers Opinion of Probable Cost (EOPCC) 4 8 $ 2,560 $ - $0 $ 2,560
3.3.d 100% QC Review 8 $ 2,520 $ - $0 $ 2,520
Subtotal Hours = 24 0 0 72 16 122 56 184 474
Subtotal ($) = $7,560 $0 $0 $18,720 $4,160 $23,180 $10,640 $29,440 $93,700 $ - $ 56,600 $ 22,650 $ - $ 79,250 $7,925 $180,875 Phase 4.0 Bid Support Services
4.1 Pre-Bid Meeting 4 4 $ 1,800 $ - $0 $ 1,800
4.2 RFI's (10) 4 5 20 $ 6,360 $ 2,000 $ 1,000 $ 3,000 $300 $ 9,660
4.3 Addenda (1) 4 8 24 $ 6,400 $ 1,300 $ 1,000 $ 2,300 $230 $ 8,930 Subtotal Hours = 4 0 0 13 0 32 0 24 73
Subtotal ($) = $1,260 $0 $0 $3,380 $0 $6,080 $0 $3,840 $14,560 $ - $ 3,300 $ 2,000 $ - $5,300 $530 $20,390 Phase 5 Engineering Support Services During Construction
5.1 Pre-Construction Meeting 4 4 $ 1,800 $ 2,000 $ 1,200 $ 3,200 $320 $ 5,320
5.2 RFI's & Submittal Reviews (24) 8 16 48 $ 15,800 $ 24,000 $ 12,630 $ 36,630 $3,663 $ 56,093
5.3 Record Drawings 4 4 8 24 $ 7,660 $ 2,500 $ 2,000 $ 4,500 $450 $ 12,610 Subtotal Hours = 12 0 0 24 0 60 0 24 120
Subtotal ($) = $3,780 $0 $0 $6,240 $0 $11,400 $0 $3,840 $25,260 $ - $ 28,500 $ 15,830 $ - $ 3,200 $4,433 $74,023 Total Hours by Classification = 40 2 40 149 16 222 56 232 757 Total ($) by Classification = $ 12,600.00 $ 660.00 $ 11,400.00 $ 38,740.00 $ 4,160.00 $ 42,180.00 $ 10,640.00 $ 37,120.00 $ 157,500 $18,000 $88,400 $40,480 $0 $87,750 $12,888 $332,087 Percentage of Time Allocated (by hours) = 5% 0% 5% 20% 2% 29% 7% 31% $299,268
$332,087
$408,674
Phase A and Phase B Total Fee (with optional tasks) $441,493 Phase B - Detailed Design and Bid and Construction Engineering Support Services Phase A - Preliminary Design Total Fee
CITY OF GREENFIELD
Tyler Lift Station Replacement
FEE PROPOSAL (Revised 05-29-2025)
Harris & Associates (Engineering Only) Subconsultants
Phase A - Preliminary Design
Phase B - Detailed Design and Bid and Construction Support Services Total Fee (without optional tasks) Phase B - Detailed Design and Bid and Construction Support Services Total Fee (with optional tasks) Phase A and Phase B Total Fee (without optional tasks)
223