Agenda — Kingsburg City Council, October 5, 2022

AGENDA

KINGSBURG CITY COUNCIL

REGULAR MEETING
Council Chamber, 1401 Draper Street, Kingsburg, CA 93631 (559) 897-5821 www.cityofkingsburg-ca.gov
THE COUNCIL CHAMBER IS OPEN TO THE PUBLIC AT 100% CAPACITY.

Wednesday, October 5, 2022 at 6pm
Invocation to be given by Pastor Tim Boynton, Kingsburg Covenant Church, followed by the Pledge of Allegiance led by Mayor Laura North
6 P.M. REGULAR SESSION MEETING:

1. Call to Order and Roll Call

2. Approve Agenda: Action by the Council to approve the agenda or to make modifications. Items that can be added to the agenda is constrained by State law.

3. Presentations:

Fresno County Economic Development Corporation- Presentation by Sherry Neil, Chief Operating Officer.

4. Public Comments: This is the time for any citizen to come forward and address the City Council on any issue within its jurisdiction that is not listed on the Agenda. A maximum of five (5) minutes is allowed for each speaker.

5. Consent Calendar: Items considered routine in nature are to be placed on the Consent Calendar.

They will be considered as one item and voted upon in one vote unless individual consideration is requested. Each vote in favor of the Consent Calendar is considered and recorded as a separate affirmative vote in favor of each action listed. Approval of the Consent Calendar items include recitals reading ordinance(s) by titles(s) only and adoption of recommended action(s) contained in Staff Reports.

5.1 Approval of City Council Minutes: Approve the minutes from the September 21, 2022 Regular Council Meeting as prepared by City Clerk Abigail Palsgaard.

Sponsor: City Clerk’s Office
City of Kingsburg
1401 Draper Street, Kingsburg, CA 93631-1908
Phone (559)897-5821 Fax (559)897-5568
Mayor Laura North
Mayor Pro Tem Vince Palomar
Council Member Michelle Roman
Council Member Jewel Hurtado
Council Member Brandon Pursell, Jr.

City Manager Alexander J. Henderson
Kingsburg City Council Agenda
October 5, 2022

5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period September 13, 2022 through September 28, 2022 as prepared by Accounts Payable Clerk Marsha Alves.

Sponsor: Finance Department

5.3 Approve the Public Provider Ground Emergency Medical Transport Provider Agreement Execution Recitals- Staff Report by Fire Chief Daniel Perkins Sponsor: Fire Department

6. Regular Calendar

6.1 Mid Valley Disposal Municipal Solid Waste Franchise Supplemental Agreement- Staff Report by Public Works Director Daniel Galvez
Sponsor: Public Works Department
Possible Action(s):
a. Presentation by Public Works Director Daniel Galvez
b. Public Comment
c. Council Discussion
d. Action As Deemed Necessary

6.2 Capital Improvement Infrastructure Project Timelines and Sierra St. Roundabout Update- Staff Report by City Engineer Dave Peters
Sponsor: Engineering Department
Possible Action(s):
a. Presentation by City Engineer Dave Peters
b. Public Comment
c. Council Discussion
d. Informational- No Action Necessary

6.3 Prop 68 Statewide Park Development Programs Update- Staff Report by Community Service Director Adam Casteneda
Sponsor: Community Service Department
Possible Action(s):
a. Presentation by Community Service Director Adam Casteneda b. Public Comment
c. Council Discussion
d. Action As Deemed Necessary

6.4 Special Event Application Proposed Amendments - Staff Report by Community Service Director Adam Casteneda
Sponsor: Community Service Department
Possible Action(s):
a. Presentation by Community Service Director Adam Casteneda b. Public Comment
c. Council Discussion
d. Action As Deemed Necessary

7. Council Reports and Staff Communications

7.1 Community Services Commission

7.2 Public Safety Committee
Kingsburg City Council Agenda
October 5, 2022

7.3 Chamber of Commerce

7.4 Economic Development

7.5 Finance Committee

7.6 Planning Commission

7.7 South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA)

7.8 Downtown Business Improvement District

7.9 Council of Governments

7.10 Council Member Reports

7.11 City Manager’s Report

8. Future Agenda Items:
-Schedule of Fees Updates
Sponsor: City Manager’s Office

9. The Kingsburg City Council adjourns out of the Regular Calendar into Closed Session:

9.1 CONFERENCE WITH LABOR NEGOTIATORS
California Government Code Section 54957.6
City Designated Representative: Alexander Henderson
Employee Organization: Public Service Employees Association (KPSEA) Employee Organization: Kingsburg Police Officer Association (KPOA) Employee Organization: Kingsburg Professional Fire Association (KPFA) Employee Organization: Non-represented Employees

9.2 CONFERENCE WITH LEGAL COUNCIL—ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of California Government Code Section 54956.9
(Four (4) potential cases)

10. Adjourn out of Close Session into Regular Kingsburg City Council Meeting and report out Joint of Closed Session.

11. Adjourn Regular Kingsburg City Council Meeting.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at City Hall, in the City Clerk’s office, during normal business hours. In addition, such writings and documents may be posted on the City’s website at www.cityofkingsburg-ca.gov.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (559) 897-6520. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35 .102.35.104 ADA Title II].

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at the front entrance of City Hall not less than 72 hours prior to the meeting. Dated this 30th day of September 2022.
____________________________________
Abigail Palsgaard, City Clerk
EDC Services Overview
Presented to the Kingsburg City Council
October 5, 2022

OUR STORY
Spearheaded by Charles Tingey and in partnership with the Chamber of Commerce, the EDC was established in 1981. The Chamber board members recognized the need for a separate organization to provide complementing services to the local business community. 41 years later, EDC is an internationally award-winning organization supported by a 40 Member Board of Directors and over 100 public/private investors that provide a creative license to support innovation around business attraction, expansion and retention.

OUR MISSION
To market Fresno County as the premier location for business prosperity.

OUR VISION
To be recognized as the essential connection for expanding economic development in the Central Valley.

EXECUTIVE COMMITTEE
CHAIR
Nicholas Audino
Newmark Pearson
Commercial

VICE CHAIR
Andy Haussler
City of Clovis

DESIGNATED DIRECTOR
Georgeanne White
City of Fresno

TREASURER
Frank Hambalek, Jr.

Wiebe Hinton
Hambalek, LLP
CPA

PAST CHAIR
Ed Dunkel
Precision Civil
Engineering, Inc.

DESIGNATED DIRECTOR
Paul Nerland
County of Fresno

AT-LARGE DIRECTOR
John Brelsford
Diversified
Development Group

AT-LARGE DIRECTOR
Richard Caglia
Caglia Environmental

AT-LARGE DIRECTOR
Raj Beasla
Pacific Gas and Electric

SECRETARY
Al Solis
Sol Development
Associates, LLC

BOARD OF DIRECTORS
Robert Amaro, JPMorgan Chase & Co.

Steve Brandau, Fresno County Board of Supervisors
Christopher A. Brown, Fennmore, Dowling Aaron
Adam Goldfarb, Manco Abbott, Inc.

Carole Goldsmith, SCCCD
Derek Hayashi, Valley Health Team
Debbie Hunsaker, Alert-O-Lite, Inc.

John Jansons, Westside Cities
Mike Karbassi, City of Fresno, Councilmember
Kurt Madden, Career Nexus
Scott Miller, Fresno Chamber of Commerce
Wade Nogy, Kaiser Permanente
Dr. Ram Nunna, California State University, Fresno
Ross Parnagian, Fowler Packing
Ken Ramos, Central Valley Community Bank
Emilia Reyes, Fresno Economic Opportunities Commission
Chuck Riojas, FMKT Building Trades
Peter Sanchez, Fresno Metropolitan Flood Control
Josh Sherfield, Quiring General, LLC
Buk Wagner, Colliers International
Tyrone Roderick Williams, Fresno Housing
Katie Zenovich, Community Medical Centers
Nicole Zieba, Five Cities JPA
Tom Zimmerman, CORE Business Interiors

ADMINISTRATION
Lee Ann Eager
President & CEO
Sherry Neil
Chief Operating
Officer
Paul Thorn
Controller
Merritt Pacini
Executive Assistant
5 CITIES JPA - EDC PARTNERSHIP
Long standing partnership serving Eastside cities
● Membership: 7 Eastside cities & County of Fresno
● Board of Directors– Elected Representatives
● Executive Committee– CAO/City Managers or
designee
● EDC Administers Quarterly Meetings between Five
Cities and EDC Staff
● Coordination on city requests and EDC services
EDC Services
EDC Services for Five Cities JPA
● Administration
○ Government filings
○ Budgets, Minutes, Logistics
● Business Development
○ Expansion/Retention: focused local business
engagement
○ Attraction: Coordinate requests, site selection efforts and trade shows & missions (attraction)
● Capacity Building
○ Technical subject matter expertise
○ Policy Development/Support
○ Grant development
○ Guest speakers
● Marketing/Promotion
○ Develop Local Business Resources
○ Digital Marketing
○ Brand launch Events (CenterPoint District)
5 CITIES JPA to CenterPoint District
● Growth from 5 to 7 members prompted
rebranding
● Jeffrey Scott Agency tasked for brand
development around regional challenges
and opportunities
● Regional cohesion around one brand and
core values for collective promotion
● Leveraging strengths as a region
(population/commute shed)
● Fresnoedc.com/CenterPoint

BUSINESS ATTRACTIONS
Julian Ramos
Client Services
Manager
Tiffany Louk
Business
Attractions
Specialist
Miguel Ruelas
Business
Attractions
Specialist
Customized Request for
Information (RFI) response
packets that include:
● Location competitive advantages
● Available real estate
● Local incentives
● Regional data
● Industry data
● Labor availability
● Quality of life
Attractions Marketing:

Info and Materials
● Kingsburg Business Park
● Economic Profile
● Kingsburg Trifold
Tradeshows and Events
● Manufacturing Summit
● MADE: Central CA
● SelectUSA
● WestPack
● ICSC
● Site Selector Guild
Foreign Direct Investment
T-Mobile Customer Experience Center
EDC is proud to have worked with T Mobile’s
Corporate Site Selection Team, City of Kingsburg staff
and property owners since November 2018.

EDC staff worked on T-Mobile’s unique requirements,
proposing sites and preparing a detailed 30 minute /
30 mile workforce availability analysis. In 2019,
T-Mobile announced their plan to revitalize the
vacant Kingsburg K-Mart site into their newest
Customer Experience Center (CEC).

Since then, EDC has worked collaboratively with
T-Mobile on employee recruitment, hiring events and
future training pathways.

In addition to jobs created, the new CEC center will
bring an estimated $8 million in tax revenues to the
Central Valley and over $90 million to the Central
Valley economy annually.

BUSINESS EXPANSION &

RETENTION
Darian Galindo
Retention
Specialist
Marcella Lara
Retention
Specialist
Charlene Holguin
Economic
Development
Specialist
Jackie Cuevas
BEAR
Coordinator
Andrea Lee
Economic
Development
Specialist

KINGSBURG BUSINESS EXPANSION & RETENTION

IMPACTS
Connect businesses to resources and incentives:
● Workforce
● Financing/Tax Credits
● Fee Reductions
● Import/Export of products
● Energy Savings
Pandemic Era Impacts:
● $115k in HUB Grants to 23 businesses
● $45k in PPP and Covid Relief Grants
$160K in Direct Funding to Local Businesses

WORKFORCE TRAINING PROGRAMS
John Lawson
Truck Driving Program Valley Apprenticeship Connections Central Valley Training Center

SPECIAL PROJECTS & INITIATIVES
Will Oliver
VP of Business
Services
Chris Zeitz
Director of Special
Projects
Spencer Bremer
Research Analyst
Ross Williams
Research Analyst
EDC utilizes statistically sound data and analysis to drive our day-to-day activities around expansion, retention and attraction strategies.
● Economic impact reports
● Impact measurement
● Incentive/tax credit calculator
● Industry specific targeted recruitment analysis
● Jobs-skills gap analysis
● Market gap/leakage reports (e.g. Retail Market Report) ● Program performance evaluation
● Quarterly top jobs analysis
● Synthesization of growing industry clusters and
trends
● Grant support (i.e. EDA)

UTILIZING DATA TO DRIVE DAY-TO-DAY ACTIVITIES
● Scorecard helps measure total impact –
social, environmental and economic
● Allows for a more inclusive set of
impacts beyond just low cost of business
allowing our region to compete on a
playing field that favors investments in
our region
● Impacts may include:
○ Water conservation
○ Pollution reduction
○ Diverse workforce
Fresno’s Impact Economy
● The California Transportation Commission (CTC) was
established in 1978 out of a growing concern for a single, unified California transportation policy.
● Responsible for programming and allocating funds for the construction of highway, passenger rail, transit and active transportation improvements throughout California.
● Advises and assists the Secretary of the California State Transportation Agency and the Legislature in formulating and evaluating state policies and plans for California’s transportation programs.
● The Commission is also an active participant in the
initiation and development of State and Federal legislation that seeks to secure financial stability for the State’s transportation needs
Chair Eager
$23 Million to support training for 2,500 job placements within 4 in-demand sectors: Business Services, Construction, Manufacturing, and Transportation
Four County Partnership: Fresno, Kings, Madera, and Tulare 4 Pillars & Core Components:

1. Agile new programming co-created by employers to increase entry-level and upskilled incumbent worker pipelines

2. Strategic investments in existing career pathways to scale impact

3. Community informed, place-based services including recruitment, case management, wraparound services and career navigation

4. Best-in-class resource platforms for jobseekers and partner CBOs

EDA GOOD JOBS CHALLENGE AWARD

THANK YOU

KINGSBURG CITY COUNCIL

REGULAR MEETING MINUTES
September 21, 2022

1401 Draper Street, Kingsburg, CA 93631 (559) 897-5821 www.cityofkingsburg-ca.gov

Invocation was given by Deacon Steve Wright, Holy Family Church, followed by the Pledge of Allegiance led by Mayor Laura North.
6 P.M. REGULAR SESSION MEETING:

Call to Order and Roll Call: Mayor Laura North called the regular meeting of the Kingsburg City Council to order at 6:02 pm.

Council Members Present: Vince Palomar, Brandon Pursell, Jr., Michelle Roman and Mayor Laura North.

Council Members Absent: Jewel Hurtado.

Approve Agenda: A motion was made by Council Member Pursell, Jr., seconded by Council Member Palomar, to approve the agenda, as published. The motion carried by unanimous voice vote of those Council Members present.

Presentations:

A Department of Defense Office: Employer Support of the Guard and Reserve Award Major Marco A. Acevedo and Chief Warrant Officer Patrick Earls along with Community Services Director Adam Castenda presented City Manager Alexander Henderson with the Employer Support of the Guard and Reserve Award from the National Guard.

California Senate Resolution recognizing retired Assistant Superintendent Melanie Sembritzki SponsorSenator Anna Caballero Luis Martinez, District Representative for Senator Anna Caballero, presented retired Assistant Superintendent Melanie Sembritzki with a California Senate Resolution recognizing her service to Kingsburg.

Public Comments: None.

Consent Calendar:

Council Member Roman asked that 5.8 be pulled.

A motion was made by Council Member Palomar, seconded by Council Member Pursell, Jr., to approve the items 5.1; 5.2; 5.3; 5.4; 5.5; 5.6; 5.7; 5.9 and 5.10 as appearing on the Consent Calendar. The motion carried by unanimous voice vote of those Council Members present.

Council Member Roman said she asked for 5.8 to pulled. She asked if the Chamber needs to get permission from the other restaurants on Draper to get the street closure. Community Services Director Castaneda said as a non-profit they do not need ask for permission; they are trying to draw foot traffic downtown. Council Member Roman said restaurants have contacted her that they are concerned that food trucks are coming downtown. Council Member Pursell, Jr. said this has came up at the last 2 or 3 Chamber meetings and the restaurant owners there supported it. They were hoping that people coming in Kingsburg City Council Minutes
September 21, 2022
to town would come downtown. Council Member Roman hopes they do their due diligence. Mayor North asked if they cannot park in front of restaurants. Council Member Roman will not approve it if they park in front of our restaurants in the parking stalls. Council Member Palomar said the Chamber has a good idea; main idea is to bring people downtown.

Council Member Roman motioned to approve the closure of Draper Street for Street Eats Event on 10/07/2022 as long as the food trucks are not blocking the parking stall in the front of restaurants. The motion was seconded by Council Member Palomar. The motion carried by unanimous voice vote of those Council Members present.

5.1 Approval of City Council Minutes: Approve the minutes from the August 3, 2022 Regular City Council Meeting; the August 11, 2022 Joint Workshop; the August 17, 2022 Regular City Council Meeting and the September 1, 2022 Special Council Meeting as prepared by City Clerk Abigail Palsgaard.

Sponsor: City Clerk’s Office

5.2 Check Register: Ratify/approve payment of bills listed on the check register for the period August 9, 2022 through September 12, 2022 as prepared by Accounts Payable Clerk Marsha Alves.

Sponsor: Finance Department

5.3 Approve the Amendment No. 1 To Golden State Corridor Cooperative AgreementStaff Report by City Manager Alexander Henderson Sponsor: City Manager’s Office

5.4 Reimbursement Agreement for Tract 6122 Park Improvements– Staff Report by City Engineer Dave Peters.

Sponsor: City Engineer’s Office

5.5 Adopt Resolutions 2022-045; 2022-046; 2022-047; 2022-048; 2022-049; 2022-050; 2022-051; 2022-052; 2022-053; 2022-054; 2022-055; 2022-056; 2022-057; 2022-058; 2022-059; 2022-060; 2022-061 and 2022-062 Approving the Budget Amendments As Presented And Recommended By The Finance Committee- Staff Report Prepared by Finance Director Alma Colado.

Sponsor: Finance Department

5.6 Approval of the Closure of Draper Street for High School Rally on 10/28/2022- Staff Report by Community Services Director Adam Castaneda.

Sponsor: Community Services Department

5.7 Approval of the Closure of Church Street for the Kingsburg Extravaganza Event on 10/29/2022- Staff Report by Community Services Director Adam Castaneda.

Sponsor: Community Services Department
PULLED: 5.8Approval of the Closure of Draper Street for Street Eats Event on 10/07/2022- Staff Report by Community Services Director Adam Castaneda.

Sponsor: Community Services Department
Kingsburg City Council Minutes
September 21, 2022

5.9 Adopt Resolution No. 2022-063 approving the amendments to the Master Fee Schedule updating the Proposition 218 approved solid waste rates- Staff Report by Public Works Director Daniel Galvez.

Sponsor: Public Works Department

5.10 Approve the proposed Salary Chart Effective September 1, 2022- Staff Report by Administrative Services Director Christina Windover.

Sponsor: Administrative Services Department
Regular Calendar
Downtown Mural Program Request for Proposals- Staff Report by City Manager Alexander Henderson
Sponsor: Council Member Roman
City Manager Alexander Henderson stated that Council Member Roman has been meeting with the building owners about having small murals painted on their walls downtown. She has discussed the murals with the BID also. Council discussed the cost, setting a budget and what is being decided tonight.

Public Comment:

David Silva, resident, good idea but is concerned about the maintenance.

Council Member Roman said she understands, would like to keep them fresh and not stagnate. These will be small, for social media. They have to tie into Kingsburg in some way. Mayor North said it is a good idea to bring people in, would like to put some startup money in the funds. Maybe have the BID fund in the future and maybe grants that promote the arts. Council Member Palomar said it is great program. Is for putting $30,000 into the fund to get it started. Council Member Roman thinks a max of $5,000 per spot, up to $30,000. Council Member Pursell, Jr. said he would like BID to be a part of this process. Comfortable with the $30,000 and nothing after that. Would like it from the general fund.

Council Member Roman motioned, seconded by Council Member Palomar, to approve the mural program. The motion carried by unanimous voice vote of those Council Members present.

Development Incentive Program Updates – Eligible Zones- Staff Report by City Manager Alexander Henderson
Sponsor: City Manager’s Office
City Manager Alexander Henderson presented on the history of the program and how it has greatly benefited the downtown. Other businesses outside of the downtown have reached out and he is presenting tonight to expand the eligible zones for the façade/alley reimbursement and the Forgivable Loan program.

Council discussed potential areas and that is has been a great success downtown.

Council Member Roman motioned, seconded by Council Member Pursell, Jr., to amend the façade/alley reimbursement program to expand the eligible zoning districts as presented. The motion carried by unanimous voice vote of those Council Members present.

Kingsburg City Council Minutes
September 21, 2022
Council Member Pursell, Jr. motioned, seconded by Council Member Palomar, to amend the Forgivable Loan program to expand the eligible zoning districts as presented. The motion carried by unanimous voice vote of those Council Members present.

Fiscal Year 2022 Revenues- Staff Report by City Manager Alexander Henderson Sponsor: City Manager’s Office
City Manager Alexander Henderson presented an update on the major general fund revenues for fiscal year 2022.

Information- No action necessary.

Crime Statistics Report for the Month of August 2022 and General Police Department UpdateCrime Statistics Report prepared by Kingsburg Police Department Records Supervisor Corina Padilla.

Sponsor: Police Department
Police Chief Neil Dadian presented that crime is low in August- maybe it is too hot. Reviewed hiring, training, crime. Mayor North asked how many officers did we ask for funding for with the Prop 57 grant. Chief Dadian responded with one.

Informational- No action necessary.

Council Reports and Staff Communications
Community Services Commission-Mayor North said they haven’t met.

Public Safety Committee- Council Member Palomar said they haven’t met.

Chamber of Commerce – Council Member Pursell, Jr. reported on Crayfish Festival and Street Eats.

Economic Development – Council Member Roman reported that they have not met.

Finance Committee- Council Member Pursell, Jr. said they did meet about the budget resolutions that went before council tonight.

Planning Commission- Mayor North reported that they haven’t met.

South Kings Groundwater Sustainability Agency Joint Powers Authority (SKGSA)- City Manager Henderson that they have met and he will get the update.

Downtown Business Improvement District- City Manager Henderson said they have not met.

Council of Governments- Council Member Roman reported on the ribbon cutting for the brand-new bus shelter at the Senior Center.

Council Member Reports- Council Member Palomar went to Crayfish festival- was a good turnout, had a good time. Council Member Roman thanked City Clerk Palsgaard and staff for our 3rd graders tour.

City Manager’s Report – City Manager Henderson said no report.

Kingsburg City Council Minutes
September 21, 2022
Future Agenda Items: None.

The Kingsburg City Council was adjourned out of the Regular Calendar into Closed Session 7:13pm.

City Attorney Michael Noland said that there is nothing to report.

The Regular Kingsburg City Council Meeting was adjourned at 7:44 P. M.

Submitted by:
____________________________________
Abigail Palsgaard, City Clerk
Accounts Payable
User:

Printed:
marshaa
9/29/2022 11:07 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
82105 3005 AFLAC 09/14/2022 766.70
82106 4545 AMAZON.COM SALES, INC. 09/14/2022 88.74
82107 3029 AT&T CALNET 3 09/14/2022 702.69
82108 3606 BELMONT NURSERY 09/14/2022 385.23
82109 3056 CAL STATE TERMITE AND PEST 09/14/2022 460.00 82110 4429 CANON FINANCIAL SERVICES, INC 09/14/2022 759.77 82111 4448 CORE & MAIN 09/14/2022 110.39
82112 3765 EWING IRRIGATION 09/14/2022 177.04
82113 4640 FRESNO COUNTY TREASURE 09/14/2022 573.00
82114 4747 FRANCES GARCIA 09/14/2022 25.00
82115 3723 GEORGE GOMEZ 09/14/2022 829.65
82116 4492 MONIQUE GONZALES 09/14/2022 170.00
82117 4472 MIGUEL GUZMAN 09/14/2022 170.00
82118 3999 IRON MOUNTAIN 09/14/2022 42.40
82119 3520 IRVINE & JACHENS, INC 09/14/2022 38.14
82120 3686 KINGSBURG AUTO CARE 09/14/2022 471.53
82121 3625 KINGSBURG MEDIA FOUNDATION 09/14/2022 3,639.00 82122 4567 KOALA TREE SERVICE 09/14/2022 3,800.00
82123 3266 BRENT KROEGER 09/14/2022 96.50
82124 3267 KULOW BROS. 09/14/2022 182.04
82126 3293 MID VALLEY DISPOSAL 09/14/2022 115,173.19
82127 3466 NAPA AUTO PARTS 09/14/2022 519.67
82128 3308 NELSON'S POWER CENTER 09/14/2022 390.51
82129 3312 O'REILLY AUTO PARTS 09/14/2022 1,580.41
82130 3315 P G & E 09/14/2022 2,335.00
82131 3450 ABIGAIL PALSGAARD 09/14/2022 61.45
82132 4540 MICHELE MAYUMI PLOSZAJ 09/14/2022 51.00
82133 3334 PROFESSIONAL PRINT & MAIL, INC 09/14/2022 209.89 82134 3341 QUINN COMPANY 09/14/2022 58,622.88
82135 3537 SECOND CHANCE ANIMAL SHELTER 09/14/2022 2,250.00 82136 3369 SILVAS OIL COMPANY, INC. 09/14/2022 10,423.80 82137 4262 SILVERFOX ELECTRIC, INC. 09/14/2022 8,066.80 82138 4744 SPENCE FENCE COMPANY ENTERPRISES09/14/2022 14,000.00 82139 3746 SWANSON-FAHRNEY FORD 09/14/2022 82.51
82140 3493 VILLAGE TIRE SALES 09/14/2022 817.34
82141 4082 JENNIFER VILLANUEVA 09/14/2022 557.77
82142 3469 WECO SUPPLY CO., INC. 09/14/2022 33.48
82143 3448 CHRISTINA WINDOVER 09/14/2022 56.50
82144 3433 EVA ZIMMERMAN 09/14/2022 51.00
Total for 9/14/2022: 228,771.02
ACH 3231 ICMA RETIREMENT CORP - WIRE 457 09/23/2022 1,200.00 ACH 3470 Internal Revenue Service - ACH 09/23/2022 57,149.53 ACH 3471 Employment Development Department - ACH09/23/2022 11,358.35 ACH 3472 CalPERS - ACH 09/23/2022 43,061.23
ACH 3475 Empower 09/23/2022 3,581.11
AP Checks by Date - Summary by Check Date (9/29/2022 11:07 AM) Page 1 Check No Vendor No Vendor Name Check Date Check Amount
ACH 3476 CHILD SUPPORT STATE DISBURSEMENT UNIT - ACH 09/23/2022 240.46 ACH 3526 Public Employees Retirement System 457 Plan-Deferred Comp - ACH 09/23/2022 68.20 ACH 4707 ICMA-WIRE 401(A) 09/23/2022 250.00
82145 4035 AIR EXCHANGE, INC. 09/23/2022 2,218.38
82146 3006 AIRGAS NCN 09/23/2022 1,215.42
82147 3993 TOM ALBERDA 09/23/2022 125.00
82148 3565 AMAZON CAPITAL SERVICES 09/23/2022 1,915.50
82149 4545 AMAZON.COM SALES, INC. 09/23/2022 39.19
82150 3018 ANDERSON STRIPING & CONSTRUCT 09/23/2022 22,073.39 82151 4695 AP TRITON, LLC 09/23/2022 6,485.20
82152 4628 JOSEFINO AREVALO 09/23/2022 763.36
82153 4307 AT & T MOBILITY 09/23/2022 2,147.76
82154 3029 AT&T CALNET 3 09/23/2022 26.61
82155 4429 CANON FINANCIAL SERVICES, INC 09/23/2022 1,361.14 82156 4491 GABRIEL CASTELLANOS 09/23/2022 170.00
82157 3551 CENTRAL VALLEY TOXICOLOGY 09/23/2022 475.00
82158 3095 CITY OF KINGSBURG-POLICE DEPT. 09/23/2022 220.36 82159 3607 CIVICPLUS 09/23/2022 19,818.04
82160 4749 EMEENTERPRISES, LLC 09/23/2022 113.14
82161 4615 EMERALD TEXTILES SERVICES 09/23/2022 190.86
82162 3158 ENER POWER 09/23/2022 7,257.00
82163 3693 FERGUSON ENTERPRISES, INC. 09/23/2022 1,721.47 82164 4193 FIRST IN SAFETY 09/23/2022 217.73
82165 3185 FRESNO COUNCIL OF GOVERNMENTS 09/23/2022 495.00 82166 3188 FRESNO COUNTY SHERIFF 09/23/2022 17,325.40
82167 3197 FRESNO POLICE DEPARTMENT 09/23/2022 801.00
82168 3198 FRESNO TRUCK CENTER 09/23/2022 14,490.65
82169 3219 HEALTHWISE SERVICES 09/23/2022 173.75
82170 3221 ALEX HENDERSON 09/23/2022 466.45
82171 3222 HENRY SCHEIN, INC. 09/23/2022 1,738.78
82172 3534 JACK'S REFRIGERATION, INC. 09/23/2022 7,633.01 82173 3248 KAHN, SOARES & CONWAY, LLP 09/23/2022 8,650.00 82174 3887 KINGS INDUSTRIAL OCC. MED CTR., INC. 09/23/2022 270.00 82175 3254 KINGSBURG CHEVRON 09/23/2022 290.00
82176 3625 KINGSBURG MEDIA FOUNDATION 09/23/2022 2,615.38 82177 4121 JEFFREY T. LOYD 09/23/2022 140.00
82178 4329 MCI COMM SERVICES 09/23/2022 36.80
82179 3518 METRO UNIFORM 09/23/2022 75.53
82180 3844 NATHAN MOON 09/23/2022 829.65
82181 3611 HOLLY OWEN 09/23/2022 670.14
82182 3315 P G & E 09/23/2022 58,526.41
82183 3326 PITNEY BOWES 09/23/2022 222.40
82184 4540 MICHELE MAYUMI PLOSZAJ 09/23/2022 80.00
82185 4674 PRECISION TRAINING GROUP 09/23/2022 425.00
82186 3333 PRICE, PAIGE & COMPANY 09/23/2022 1,122.00
82187 4748 PRO PAC, INC 09/23/2022 4,357.00
82188 3334 PROFESSIONAL PRINT & MAIL, INC 09/23/2022 1,114.97 82189 3335 PROFORCE LAW ENFORCEMENT 09/23/2022 1,130.30 82190 4490 ALEXIS RAMIREZ-SERRATO 09/23/2022 763.36
82191 3363 SAVE MART SUPERMARKETS 09/23/2022 366.01
82192 3961 SHARP AMBULANCE BILLING 09/23/2022 4,319.84
82193 3369 SILVAS OIL COMPANY, INC. 09/23/2022 8,993.33 82194 4262 SILVERFOX ELECTRIC, INC. 09/23/2022 863.04
82195 3380 STATE OF CALIFORNIA-D O J 09/23/2022 1,149.00 82196 3382 SHAUN STEPHENS 09/23/2022 69.52
82197 3385 STRYKER SALES CORPORATION 09/23/2022 122.40
82198 3397 THE GAS COMPANY 09/23/2022 514.63
AP Checks by Date - Summary by Check Date (9/29/2022 11:07 AM) Page 2 Check No Vendor No Vendor Name Check Date Check Amount
82199 3411 UNION PACIFIC RAILROAD COMPANY 09/23/2022 5,627.55 82200 4591 WEST STAR CONSTRUCTION 09/23/2022 4,200.00
82201 3429 WILLDAN FINANCIAL SERVICES 09/23/2022 31.74
82202 4584 DEVIN YOUNG 09/23/2022 59.95
Total for 9/23/2022: 336,223.42
82204 3316 CORINA PADILLA 09/27/2022 701.06
82205 3367 SECRETARY OF STATE 09/27/2022 40.00
82206 3367 SECRETARY OF STATE 09/27/2022 40.00
82207 4419 WILL TIERSIERA FORD 09/27/2022 38,482.37
Total for 9/27/2022: 39,263.43
Report Total (109 checks): 604,257.87
AP Checks by Date - Summary by Check Date (9/29/2022 11:07 AM) Page 3

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Daniel Perkins, Fire Chief REVIEWED BY: AP AGENDA ITEM: Public Provider Ground Emergency Medical Transport Provider Agreement Execution Recitals
ACTION REQUESTED: ___Ordinance ____Resolution √ Motion ______Receive/File

EXECUTIVE SUMMARY
The Public Provider Ground Emergency Medical Transport (PP-GEMT) is a new funding mechanism allowed by CA. State Assembly Bill 1705 (Bonta, Chp. 544, Statutes of 2019) that authorizes Department of Health Care Services (DHCS) to reimburse eligible public providers for Medi-Cal transport services. This agreement will supplementthe current Fire Department ambulance transport reimbursement IGT program and is projected to have a new net positive impact over the coming years in regards to reimbursement for uncovered costs for Medi- Cal covered patients. The agreement has been ratified throughout nearly the whole of California in all eligible Fire Departments in order to assist those agencies with rising costs of providing Emergency Response basic health care. The contract works much like our current Ambulance funding contracts in that there are up-front estimated costs calculated by DHCS that are due at the onset of the program. Each FY Quarter, funds are calculated based upon previous years call volume and estimates of future growth. The Department is then reimbursed based upon the total number of Medi-Cal runs actualized. Net new funds are returned the following quarter with an estimated positive return expected each quarter. This contract, once ratified, will be between the City of Kingsburg Fire Department and DHCS and will need to be re- signed yearly after review as a matter of usual and customary business of the Enterprise of the Kingsburg Fire Department Ambulance.

RECOMMENDED ACTION BY CITY COUNCIL

1. Approve the Contracts between DHCS PPGEMT Program and Kingsburg Fire Department

POLICY ALTERNATIVE(S)

1. Council could choose to not support the signing of the contracts; however, this would cause an inability of the Fire Department to access and be reimbursed for available new funds as a result of AB 1705.

REASON FOR RECOMMENDATION/KEY METRIC

1. To enter into an agreement for 1 year with DHCS in the PPGEMT. This program will have an estimated positive financial impact on the Kingsburg Fire Department Enterprise Fund.

Meeting Date: 10/05/2022
Agenda Item: 5.3

FINANCIAL INFORMATION

FINANCIAL SUMMARY
None

PRIOR ACTION/REVIEW
N/A

BACKGROUND INFORMATION
These agreements are usual and customary for the financial solvency of the Fire Department Ambulance Enterprise

ATTACHMENTS

1. DHCS Letter Explaining PPGEMT
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? NO

3. If Budgeted, Which Line? New PPGEMT
State of California—Health and Human Services Agency
Department of Health Care Services

MICHELLE BAAS GAVIN NEWSOM

DIRECTOR GOVERNOR
DATE: June 1, 2022
Policy Letter 22-001
TO: PUBLIC PROVIDERS OF GROUND EMERGENCY MEDICAL

TRANSPORTATION (GEMT) SERVICES
SUBJECT: PUBLIC PROVIDER INTERGOVERNMENTAL TRANSFER PROGRAM

FOR GEMT SERVICES
PURPOSE:

The purpose of this Policy Letter is to provide public providers of ground emergency transport services, public funding entities, Medi-Cal Fee-For-Service (FFS) and managed care stakeholders with guidance on the Assembly Bill (AB) 1705 Public Provider Ground Emergency Medical Transportation (PP-GEMT) Intergovernmental Transfer (IGT) program.

BACKGROUND:

Subject to obtaining necessary federal approvals, public providers of ground emergency medical transport, as defined in Welfare and Institutions (W&I) Code section 14105.945, will be transitioned out of the GEMT Quality Assurance Fee (QAF) program and into the PP-GEMT IGT program beginning on January 1, 2023.

In accordance with AB 1705 (Bonta, Chapter 544, Statutes of 2019), the Department of Health Care Services (DHCS) is in the process of implementing the PP-GEMT IGT program. The PP-GEMT IGT program authorizes DHCS to provide an add-on reimbursement to the FFS fee schedule base rates for specified procedure codes when the ground emergency medical transport services are provided by an eligible public provider to a Medi-Cal beneficiary.1
POLICY:

Subject to federal approval, eligible public providers will be paid an add-on increase to FFS fee schedule base rates for each of the following ground emergency medical transportation procedure codes:
1 See W&I Code § 14105.945.

PPL 22-001

Page 2 ends

May 26, 2022
Procedure Code Procedure Code Description
A0225 NEONATAL EMERGENCY TRANSPORT
A0427 ALS1-EMERGENCY
A0429 BLS-EMERGENCY
A0433 ALS 2
A0434 SPECIALTY CARE TRANSPORT
RATE DEVELOPMENT FOR THE PP-GEMT IGT PROGRAM:

Fee-For-Service
With a proposed effective date of January 1, 2023, eligible transports will be paid the add-on increase on a per-claim basis, as described above.

DHCS will calculate an initial statewide add-on increase amount based on the difference between: (a) the weighted average reimbursement paid pursuant to the applicable base Medi-Cal FFS payment fee schedule for an emergency medical transport, and (b) the weighted average cost directly associated with providing a Medi-Cal emergency medical transport under the Medi-Cal program by an eligible provider. The average cost data will be drawn from the most recently audited cost reports of eligible providers available at the time the add-on amount is developed, which is the 2017-18 audited reports. The initial add-on amount may be adjusted to account for inflation, trend, and other material changes as appropriate.
2 For subsequent calendar years, DHCS, in consultation with participating eligible providers, may adjust the statewide add-on increase amount to account for inflation, trend adjustments, or other material changes, in accordance with federal law and actuarial standards.3
Managed Care
Medi-Cal Managed Care Plans (MCPs) are obligated to pay non-contracted providers of emergency and post-stabilization services in accordance with Title 42 of the United States Code (U.S.C.), section 1396u-2(b)(2)(D), Title 42 of the Code of Federal Regulations (CFR) part 438.114(c), and W&I Code section 14105.945(e). Therefore, MCPs must reimburse eligible non-contracted public providers of GEMT services at the FFS reimbursement rate, including the add-on increase amount for specified GEMT services.

For each qualifying emergency ambulance transport billed with the specified procedure codes, total FFS reimbursement will be provided according to the following table:

2 See W&I Code §§ 14105.945(d)(1)-(2).
3 See W&I Code § 14105.945(d)(3).

PPL 22-001

Page 3 ends

May 26, 2022
Procedure
Code Procedure Code Description Current Fee
Schedule Rate*
Estimated
Medi-Cal PPGEMT IGT
Add-on
Resulting
Payment Amount
A0225

NEONATAL EMERGENCY

TRANSPORT
$179.92 $946.92 $1,126.84
A0427 ALS1-EMERGENCY $118.20 $946.92 $1,065.12
A0429 BLS-EMERGENCY $118.20 $946.92 $1,065.12
A0433 ALS 2 $118.20 $946.92 $1,065.12
A0434 SPECIALTY CARE TRANSPORT $118.20 $946.92 $1,065.12 *These are the base rates associated with these codes, but are subject to further adjustments pursuant to the State Plan
Accordingly, MCPs are required to match the FFS reimbursement (“Rogers”) rate for non-contracted GEMT public providers for each qualifying emergency ambulance transport provided and billed with the specified procedure codes. MCPs must pay applicable providers in accordance with timely claim payment requirements in the MCP’s contract with DHCS. Further guidance to MCPs will be provided in a future All Plan Letter (APL).

DHCS will develop actuarially sound managed care rates that take into account the projected costs of these reimbursement obligations.

PARTICIPATION IN PUBLIC PROVIDER IGT PROGRAM
Voluntary Participation by Public Funding Entities
Pursuant to W&I Code section 14105.945(h), the nonfederal share of expenditures for the PP-GEMT IGT program will consist of voluntary IGT of funds provided by funding entities, including eligible providers and their affiliated governmental entities, and other public funding entities pursuant to W&I Code section 14164. After finalizing the list of participating funding entities for a given rating period, the collection amounts for each funding entity will be based on the projected trips for each funding entity as a percentage of the projected trips across all participating funding entities. FFS trips will be projected based on the most recent available paid claims data. Managed Care trips will be based on an actuarial analysis which will include historical trips and information that may inform future trips. To calculate the collection amounts, the proportional percentage for each funding entity will be applied to the total estimated nonfederal share of projected expenditures associated with the PP-GEMT IGT program, inclusive of expenditures for trips by providers electing not to voluntarily participate in the PPL 22-001

Page 4 ends

May 26, 2022
program. A ten-percent administrative fee will be assessed and included in the collection amount for each entity. This fee will be retained by DHCS for administrative costs associated with the PP-GEMT IGT Program.

Certification by each Public Funding Entity
DHCS will require public funding entities participating in the PP-GEMT IGT program that submit an IGT Certification Form to certify that the funds are eligible to be used as the nonfederal share in support of this program in accordance with all applicable state and federal laws. The IGT Certification Form, shall be sent to each participating entity no later than 45 days prior to the certification and accompanying IGT collection due date.

Invoicing Schedule
IGT invoices will be sent 45 days prior to the collection due date by DHCS to each funding entity along with the IGT Certification Form. Participating funding entities will have 45 calendar days to provide funds from the date the Certification Form and invoice are received.

Table 1: Schedule of IGT Funds Collection and Managed Care Payment

INVOICE/CERTIFICATION

FORM SENT TO FUNDING
ENTITY

MC & FFS

COLLECTION

QUARTER

MC & FFS

COLLECTION
DATE
MC

CAPITATION
MONTH

MC PAYMENT
(CASH)
MONTH
November/December 2022 Jan-March
2023 1/15/2023
Jan 2023 Feb 2023
Feb 2023 March 2023
March 2023 April 2023
February/March 2023 April-June
2023 4/15/2023
April 2023 May 2023
May 2023 June 2023
June 2023 July 2023
May/June 2023 July-Sept
2023 7/15/2023
July 2023 Aug 2023
Aug 2023 Sept 2023
Sept 2023 Oct 2023
August/September 2023 Oct-Dec
2023 10/15/2023
Oct 2023 Nov 2023
Nov 2023 Dec 2023
Dec 2023 Jan 2024
PPL 22-001

Page 5 ends

May 26, 2022
GEMT Certified Public Expenditure Program
If the PP-GEMT IGT program is implemented effective January 1, 2023, DHCS will notify providers via e-mail regarding the due date for the final cost report submission under the GEMT Certified Public Expenditure (CPE) program. Close-out activities for the GEMT CPE program, such as interim and final reconciliations, will continue after the effective date of the PP-GEMT IGT program (proposed effective January 1, 2023). In accordance with the State Plan, Supplement 18 to Attachment 4.19-B, interim reconciliations will occur within two years of receipt of the as-filed cost report. Within three years of the postmark date of the cost report, the cost report will be audited and final reconciliations performed. For questions regarding the GEMT CPE program, please reach out to DHCS Safety Net Financing Division (SNFD) at [email protected].

Reconciliations
For both Managed Care and FFS, reconciliations will be done for each rate year.

Reconciliations leading to payments or future offsets would also include the 10% administrative fee.

Consequences of Delinquent Payment or Nonpayment
If a public funding entity fails to transfer its collection amount by the designated collection deadline, DHCS will send a notice of delinquency to the public funding entity.

DHCS reserves the right to terminate the public funding entity from the PP-GEMT IGT program if DHCS and the public funding entity are unable to resolve delinquent payments within 45 days after the date of the notice of delinquency.

In the event that DHCS does not receive sufficient voluntary IGT contributions for purposes of funding the nonfederal share of expenditures for the PP-GEMT IGT program, DHCS shall determine that the program is no longer financially and programmatically supportive of the Medi-Cal program. In this event, the PP-GEMT IGT program will cease to be operative on the first day of the Medi-Cal managed care rating period beginning on or after the date of such determination. 4 Participating eligible
providers will be consulted before DHCS makes a determination regarding the viability and continuation of the PP-GEMT IGT program.

4 W&I Code § 14105.945(j).

PPL 22-001

Page 6 ends

May 26, 2022
If you have any questions regarding this Policy Letter, please contact [email protected].

Sincerely,
Rafael Davtian
Division Chief

CITY COUNCIL STAFF REPORT
REPORT TO: Mayor North and Council Members
REPORT FROM: Daniel Galvez – Public Works Director REVIEWED BY: AH AGENDA ITEM: Mid Valley Disposal Municipal Solid Waste Franchise Supplemental Agreement ACTION REQUESTED: ___Ordinance ___Resolution ____Motion ____Receive/File

EXECUTIVE SUMMARY
The passing of SB 1383 provided a complex array of mandatory requirements for all California cities requiring all residential and commercial premises to comply with a rigorous organic waste recycling program. SB1383 has outdated our current disposal franchise agreement with Mid Valley Disposal (MVD). The initial 10-year term of the current agreement is set to end in June of 2024. To meet the demands of implementing, managing, and administering the requirements of SB 1383 an amendment to the current agreement was considered, due to complexity and number of changes required a supplemental agreement is being proposed. The supplemental agreement would allow for MVD and its staff to handle most of the requirements under SB1383. The initial term of this Agreement shall retroactively commence on October 1, 2022 and expire on June 30, 2032. Beginning on July 1, 2024, and on each July 1 anniversary date thereafter, the term of this Agreement will be extended automatically for one (1) additional year, so as to have a rolling term of ten (10) years.

The requirements of SB1383 have required MVD to make capital investments to be able to implement programs to meet the requirements of SB 1383. SB1383 is targeted at reducing short lived climate pollutants caused by organic waste sent to landfills, organic waste creates large amounts of greenhouse gases and negatively impacts the environment and air quality.

As previously mentioned, the supplemental agreement incorporates many new aspects, staff has highlighted a few important sections of agreement:
• Effective date as October 1, 2022.
• Reporting includes any federal or state agencies (not just Calrecycle) • CPI language reflects current agreement
• First CPI adjustment will be July 1, 2023
• Franchise fee section updated to indicate the rates do not include franchise fees as is now. • City free service sites listed to include parks
• Annual clean-up language updated to reflect current practice.

RECOMMENDED ACTION BY CITY COUNCIL
1) That Council approve Resolution 2022-064 approving the proposed Municipal Solid Waste Franchise Supplemental Agreement with Mid Valley Disposal effective retroactivity to October 1, 2022. With the new term beginning July 1, 2024, and expiring June 30, 2032.

POLICY ALTERNATIVE(S)

1. The Council could decide to not recommend the proposed agreement to Council.

Meeting Date: 10/05/2022
Agenda Item: 6.1

Page 2 of 3 ends

STRATEGIC GOAL(S) MET:

1. Ensure Financial Stability

2. Promote Sustainable Growth

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
At the January 19, 2022, City Council meeting, City council passed an amendment to our Municipal Code to comply with SB 1383. In August 2022, Council held a Prop 218 Public hearing to tabulate protest votes as result of a solid waste rate study. The protest votes received failed to meet the 50% plus one votes to deny the increased solid waste rates, Council ultimately approved the proposed rates.

BACKGROUND INFORMATION
The City of Kingsburg is currently entered into a franchise agreement for solid waste disposal with Mid Valley Disposal. The current ten-year term of the agreement began in June of 2014 and runs through June 29, 2024. The current agreement allows for two- five-year extensions at the discretion of the City.

SB 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, directs CalRecycle to develop regulations to divert 75% of organic waste from landfills and recover 20% of edible food for human consumption statewide by 2025.

Although the law passed in 2016, the regulations were not approved until November 2020, giving jurisdictions only about one year to prepare for compliance with a significant and complex set of new requirements. A foundational requirement in the SB 1383 regulations is that jurisdictions must adopt an ordinance that incorporates the SB 1383 regulations by January 1, 2022.

The State regulations are set forth in Title 14, Division 7, Chapter 12 of the California Code of Regulations, entitled “Short-Lived Climate Pollutants.” Because the regulations were developed and adopted in response to California Senate Bill 1383, they are often referred to as the “SB 1383 Regulations.”
SB 1383 Regulations.

SB 1383 Regulations place several new requirements on cities, waste haulers, and producers of organic waste, both businesses and residents, including:
• Providing organic waste collection to all residents and businesses • Establishing an edible food recovery program that recovers edible food from the waste stream • Conducting outreach and education to all affected parties, including generators, haulers, facilities, edible food recovery organizations, and city/county departments.
• Capacity Planning (Evaluating our readiness to implement SB 1383) • Producing recycled organic waste products like compost, mulch, and renewable natural gas (RNG) • Inspecting and enforcing compliance with SB 1383
• Maintaining accurate and timely records of SB 1383 compliance Most importantly, for the purposes of this report, the SB 1383 Regulations require cities to adopt an ordinance and/or other enforceable mechanisms to enforce the regulations. The proposed ordinance is the first step toward bringing the City into compliance with the SB 1383 Regulations Non-Compliance
While the City expects to gain compliance from residents and businesses, SB 1383 Regulations provide Cal Recycle FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? 319 Enterprise Fund

Page 3 of 3 ends

with the ability to engage in enforcement actions of its own against the City if the designated level of compliance is not met. These actions may include:

1. Conducting more frequent inspections.

2. Taking over direct enforcement on non-compliant businesses within the City;

3. Establishing a schedule for City compliance and a probationary period, requiring a work plan and that the jurisdiction demonstrates it has sufficient staffing to implement the requirements of the law; and/or

4. Seeking administrative penalties against the City of up to $10,000 per day.

ATTACHED INFORMATION

1. Resolution 2022-064

2. Proposed Agreement

3. CPI Rates Oct 1, 2022

4. Current Agreement
1 RESOLUTION NO. 2022 - 064

A RESOLUTION OF THE CITY OF KINGSBURG APPROVING A FRANCHISE

AGREEMETN WITH MID VALLEY DISPOSAL FOR SOILD WASTE AND
RECYCLEYING SERVICES.

BE IT RESOLVED, by the City Council of the City of Kingsburg, California as follows:

WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction; and
WHEREAS pursuant to California Public Resources Code Section 40059 (a), the City has determined that that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of solid waste from all residential, industrial and commercial premises in the City; and WHEREAS, The City and Franchisee entered a Solid Waste and Recycling Services Agreement effective from January 30, 2014, to June 29, 2024 (“Prior Agreement”); and WHEREAS, Franchisee has lawfully conducted solid waste handling operations in the City under the Prior Agreement for several years and has delivered a level of service to its customers commensurate with the highest industry standards; and
WHEREAS, Franchisee is well-qualified to continue providing that service; and WHEREAS, in order to comply with the mandates of AB 939, subsequent legislation and regulation, the City must have the ability to direct the flow of Solid Waste within the incorporated City for the purposes of reporting, processing, recovery and disposal; and WHEREAS, in 2016, Governor Brown signed into law SB1383 that establishes regulatory requirements for Cities, Generators, Solid Waste facilities, and other entities to support achievement of State-wide reduction in short lived climate pollutants; and WHEREAS, City has requested, and Franchisee has agreed to implement new programs and services related to SB 1383 requirements; and
WHEREAS, in order to implement the new programs and services related to SB 1383, Franchisee requires the adjustment of rates to be charged to customers in the City of Kingsburg; and WHEREAS, the City and Franchise have engaged in negotiations regarding new SB 1383 requirements and an increase in rates as a result of the State’s passage of SB 1383; and WHEREAS, the City Council accepted the City Clerk’s tabulation at the Proposition 218 Solid Waste Public Hearing on August 3, 2022 and adopted the new solid waste rates ; and WHEREAS, the prior agreement, as amended, needs to be updated for the collection, 2 transportation and disposal of Solid Waste and for SB 1383 services as further specified in this Agreement.

NOW IT IS, THEREFORE, RESOLVED by the City Council of the City of Kingsburg:

SECTION 1: The above recitals are true and correct and are hereby incorporated by reference.

SECTION 2: The City Manager is authorized to execute the Franchise Agreement on behalf of the City
SECTION 3: This resolution is effective retroactive to October 1, 2022.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Kingsburg duly called and held on the 5th day of October, 2022 by the following vote:

AYES: Council Member(s):

NOES: Council Member(s):

ABSTAIN: Council Member(s):

ABSENT: Council Member(s):
___________________________
Abigail Palsgaard, City Clerk

MUNICIPAL SOLID

WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF KINGBURG, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC

TABLE OF CONTENTS
SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES .........................................................................2 SECTION 2 - DEFINITIONS....................................................................................................................................... 3 SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE RESIDENTIAL AND COMMERCIAL FRANCHISE ..3 SECTION 4 – TERM AND TERMINATION .................................................................................................................5 SECTION 5 - FRANCHISE AREA................................................................................................................................5 SECTION 6 - SERVICES PROVIDED BY GRANTEE ......................................................................................................5 SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE MATERIALS..................................................8 SECTION 8 - WASTE DELIVERY DESIGNATION.........................................................................................................8 SECTION 9 - INDEMNIFICATION AND INSURANCE, AND PERFORMANCE BOND .....................................................9 SECTION 10 - FAILURE TO PERFORM AND REMEDIES ........................................................................................... 11 SECTION 11 - FRANCHISE TRANSFER .................................................................................................................... 15 SECTION 12 - REPORTS......................................................................................................................................... 16 SECTION 13 - COMPENSATION............................................................................................................................. 17 SECTION 14 - FORCE MAJEURE............................................................................................................................. 21 SECTION 15 - OTHER PROVISIONS........................................................................................................................ 21 SECTION 16 - SEVERABILITY ................................................................................................................................. 23 SECTION 17 - ENTIRE AGREEMENT; AMENDMENT ............................................................................................... 23 SECTION 18 - CONSTRUCTION OF FRANCHISE ...................................................................................................... 24 EXHIBIT “A” - PROVIDED SERVICES ...................................................................................................................... 25 EXHIBIT “B” - SB 1383 COMPLIANCE PROGRAMS................................................................................................. 28 EXHIBIT “C” - DEFINITIONS................................................................................................................................... 31 EXHIBIT “D” - FEES ............................................................................................................................................... 37 1 MUNICIPAL SOLID WASTE FRANCHISE AGREEMENT

BETWEEN

CITY OF KINGBURG, CALIFORNIA
AND

MID-VALLEY DISPOSAL, LLC
This Franchise Agreement ("Franchise Agreement") is entered into this ____ day of ______ 2022, by and between the City of KINGBURG (“City”) and Mid-Valley Disposal, LLC, a California Limited Liability Company (“Grantee” or “Contractor”), for the collection, transportation and disposal of Solid Waste and for other services as further specified herein in Exhibit “A.”

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (“AB 939”), has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdiction; and
WHEREAS, pursuant to California Public Resources Code Section 40059 (a), the City Council has determined that that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified Solid Waste enterprise for the collection and recovery of solid waste from all residential, industrial and commercial premises in the City; and WHEREAS, Grantee has lawfully conducted solid waste handling operations in the City for several years, and has delivered a level of service to its customers commensurate with the highest industry standards. Grantee is well-qualified to continue providing that service; and WHEREAS, the previous agreement and amendments between City and Grantee need to be updated; and
WHEREAS, in consideration of a long term agreement, Grantee has agreed to waive and release City from all prior claims related to the previous agreement; and WHEREAS, in order to comply with the mandates of AB 939, subsequent legislation and regulation, the City must have the ability to direct the flow of Solid Waste within the incorporated City for the purposes of reporting, processing, recovery and disposal; and WHEREAS, the City Council declares its intention of ensuring the delivery of adequate Solid Waste Handling services and of maintaining reasonable Fees for the provision of such handling services within the City;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
2 SECTION 1 - COVENANTS, REPRESENTATIONS AND WARRANTIES A. Covenants, Representations and Warranties of Grantee Grantee hereby makes the following covenants, representations and warranties for the benefit of the City as of the date of this Agreement.
(1) Grantee is duly organized and validly existing as a limited liability company in good standing under the laws of the State of California.
(2) Grantee has full legal right, power, and authority to execute, deliver, and perform this Agreement, and has duly authorized the execution and delivery of this Agreement. (3) Each Person signing this Agreement on behalf of Grantee has been authorized by Grantee to do so, and this Agreement has been duly executed and delivered by Grantee, and constitutes a legal, valid and binding obligation of Grantee enforceable against Grantee in accordance with its terms.
(4) To the best of Grantee's knowledge, there is no action, suit, or proceeding before any court or governmental entity against Grantee or affecting Grantee, wherein an unfavorable decision, ruling or finding would adversely affect the validity or enforceability of this Agreement, or which would have a material adverse effect on the financial condition of Grantee.
(5) Grantee has sufficient financial resources to perform all aspects of its obligations hereunder. There has been no material adverse change in Grantee's or, if applicable, in Grantee's parent company's, financial circumstances since the date of the most recent financial statements or information, submitted to the City or reviewed by the City at the offices of Grantee.
(6) Grantee has the expert, professional, and technical capability to perform all of its obligations under this Agreement and will maintain the capability at all times during this Agreement’s term.
(7) Prior to providing any service authorized by this Agreement, Grantee will have provided to the City Manager the security instrument and certificates of insurance required by the Agreement.
(8) Prior to providing any service authorized by this Agreement, Grantee will have provided to the City Manager reasonably acceptable proof that the Grantee has obtained all necessary permits, authorizations and licenses which are required for furnishing such service.

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

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

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

SECTION 3 - GRANT AND ACCEPTANCE OF EXCLUSIVE FRANCHISE

RESIDENTIAL AND COMMERCIAL FRANCHISE
A. Grant of Franchise
Pursuant to the provisions of the City Code and pursuant to AB939, and subject to the terms and conditions of this Agreement (including all extensions or renewals), City hereby grants to Grantee the sole and exclusive right, privilege, and franchise to provide the Solid Waste Handling services described in Exhibit “A” (Provided Services) to this Agreement to all single family units, multifamily units, and commercial, industrial, and institutional premises within the City, and to use the City streets and roads for such purpose. City shall actively enforce the exclusive rights of Grantee to provide services within the Franchise Area. By this Agreement and subject to its terms, the City grants the broadest form of exclusive solid waste handling franchise permissible under applicable law including its general municipal police powers and the specific authority given to local agencies 4 by California Public Resources Code Section 40059 to determine aspects of solid waste handling that are of local concern. The foregoing reference to Section 40059 includes the relevant appellate case law interpreting that statute.

B. Acceptance of Franchise

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

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

C. Exceptions to Exclusivity
The foregoing Grant of Franchise excludes the following:
(1) Self-Haul. Any Solid Waste otherwise within the Scope of this Agreement which is removed and personally transported from any premises by the owner or occupant who generated the solid waste using his or her own equipment thereof for the purpose of lawfully delivering same to a Solid Waste Facility authorized to receive and handle solid waste. The use of a subcontractor by City is not “self-haul” within the meaning of this exception.
(2) Gardeners and Landscapers. The collection, transportation and disposal by a gardener or landscaper of green waste or yard trimmings which are generated as an incidental part of providing gardening, landscaping or landscape maintenance services, provided that the gardener or landscaper is not a hauling service or solid waste enterprise, does not separately or additionally charge for the incidental service of removing, transporting or disposing of the green waste or yard trimmings, and utilizes only his or her own employees and equipment to collect, transport and dispose of same. (3) Sale or Gift of Recyclable Materials. Source separated Recyclable Materials which are either donated or sold by the generator of the materials to a party other than Grantee. A mere discount or reduction in price of the Grantee’s charges for the handling of such materials is not a sale or donation within the meaning of this Agreement. For purposes of this Agreement, materials shall be deemed “solid waste” within the meaning of California Public Resources Code Section 40191, and shall be regulated as such, whether or not they may be potentially recyclable, in either of the following instances: (a) when the material is mixed or commingled with other types of solid waste, or (b) where the payment of a fee, charge, or other consideration, in any form or amount, is directly or indirectly solicited or received from the generator by any person or combination of persons in exchange for collection, removal, transportation, storage, processing, handling, consulting, container rental or disposal services (“fee for service” recycling), whether or not arranged by or through a subcontractor, broker, agent, consultant, or affiliate of the provider of such service.
(4) Drop Box services as defined in Exhibit “C”
5 SECTION 4 – TERM AND TERMINATION
The initial term of this Agreement shall commence at 12:00 a.m. on October 1st 2022 and expire at 12:00 a.m. on June 30th , 2032. Thereafter, beginning on July 1st , 2024, and on each July 1 anniversary date thereafter, the term of this Agreement will be extended automatically for one (1) additional year, so as to have a rolling term of ten (10) years. Should either party desire that said automatic renewal and extension provision be terminated, such party shall give the other written notice of nonrenewal between January 1 and June 30 in any year, but not before the year 2025.

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

SECTION 5 - FRANCHISE AREA
The Franchise Area granted by this Agreement is the legally established geographic limits of the City, as the same now exist or may hereinafter be revised by annexation or otherwise. Grantee shall perform Solid Waste Handling services pursuant to this Agreement only in such Franchise Area.

SECTION 6 - SERVICES PROVIDED BY GRANTEE

The following minimum operating requirements shall apply to Grantee, except to the extent any operating requirement is specifically eliminated or modified in Exhibit “A”:

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

B. Hours of Collection
Grantee shall not collect Solid Waste within a residential area or within a commercial area which is contiguous to a residential area between the hours of 10:00 P.M. and 5:00 A.M. the next day.

C. Office for Inquiries and Complaints
6 City shall receive and log customer inquiries and complaints and transmit any service requests or complaints to Grantee electronically or via other mutually agreed upon method. Grantee shall maintain an office at some fixed place and keep regular business hours and shall maintain a locally listed telephone number. Such listing shall be in the Grantee’s name or in the fictitious business name under which Grantee provides Solid Waste Handling services to the Area. This Section shall not require the Grantee to maintain an office which is different than or separate from the office for inquiries and complaints maintained by Grantee.

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

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

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

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

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

I. Collection Equipment
Grantee shall provide an adequate number of vehicles and equipment to provide the Solid Waste Handling services required under its Franchise Agreement. No vehicle shall be used for the collection and transportation of Solid Waste prior to such initial and/or periodic inspection and 7 approval by the Department of Public Health, Division of Environmental Health Services to the extent required under the Grantee's applicable Health and Safety Permit.

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

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

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

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

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

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

SECTION 7 - OWNERSHIP OF SOLID WASTE INCLUDING RECYCLABLE

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

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

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

B. Insurance Requirements
Insurance Requirements
(1) Commercial General Liability
i. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than five million dollars ($5,000,000) per occurrence for bodily injury, personal injury, and 10 property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Contractor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. ii. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided the City.
iii. Coverage shall state that Contractor insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
iv. Coverage shall contain a waiver of subrogation in favor of the City. (2) Business Automobile Liability
i. Contractor shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01 (or equivalent) with a limit of no less than five million dollars ($5,000,000) per accident.
(3) Workers’ Compensation and Employers’ Liability
i. Contractor shall maintain Workers’ Compensation Insurance and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). Contractor shall submit to City, along with the certificate of insurance, a waiver of subrogation endorsement in favor of City, its officers, agents, employees, and volunteers. (4) All Coverages
i. Each insurance policy required by the agreement shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or reduced in limits except after thirty (30) days' prior written notice has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. ii. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.
iii. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificates, additional insured endorsements, and waivers of subrogation evidencing compliance with the insurance requirements above. The Contractor must agree to provide complete, certified copies of all required insurance policies if requested by the City.
iv. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an A.M. Best rating of A- VII or higher. v. Subcontractors and Consultants - A category of risk and the applicable insurance requirements will be determined on a “per subcontractor” or “per consultant” basis, 11 considering the particular work to be done by the subcontractor or consultant and the interrelationship of that work to other work being conducted by the Contractor.

C. Performance Bonds or Other Security
Grantee shall furnish to the City without additional charge a corporate surety bond, a letter of credit or other security device acceptable to the City in City’s sole discretion, as security for performance under this Franchise Agreement (collectively "Security"). The amount of the Security shall be the lesser of one month's expected Gross Receipts Less Disposal Charge, or Fifty Thousand Dollars ($50,000.00). Adequate proof of the existence of the Security shall be provided (e.g., a certificate from the surety showing that the bond premiums have been paid in full shall accompany the bond and each renewal thereof). The surety on the bond, the bank on which the letter of credit is drawn and the surety for any other Security device shall be a company acceptable to the City and shall be authorized to do business in the State of California.

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

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

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

The Notice of Deficiency may provide a reasonable time within which correction of all noted deficiencies is to be made. Unless a shorter or longer period of time is specified in the notice of deficiency sent by the City Manager, a reasonable time for correction shall be thirty (30) consecutive calendar days from the receipt by the Grantee of such written notice. If the Grantee cannot reasonably correct or remedy a noted deficiency within the time specified in the Notice of Deficiency, but the Grantee immediately commences to correct or remedy such deficiency within the time set forth in the Notice of Deficiency and diligently pursues such correction or remedy thereafter Grantee shall not be deemed to have failed to correct or remedy the Notice of Deficiency. The Parties agree that while uncured defaults of material provisions of the Agreement which present an imminent and 12 substantial threat to public health and safety should result in termination of the Agreement, minor defaults should be the subject of liquidated damages as set forth herein. For purposes of this section, assessment of liquid damages in total of more than $10,000.00 in any twelve (12) month period shall be deemed a material breach. (2) The City Manager shall review the Grantee’s response to the Notice of Deficiency. If the City Manager determines that the Grantee has not cured the deficiency, or if there is no cure period provided in the Notice of Deficiency given the nature of the deficiency, the City Manager shall either:
i. Refer the matter directly to the City Council for decision pursuant to subsection (4) of this Section 10–A; or
ii. Decide the matter and notify the Grantee of that decision, in writing.  The decision of the City Manager may be to terminate the Franchise Agreement or may be to impose some lesser sanction;
 The decision of the City Manager shall be final and binding on Grantee unless the Grantee files a "Notice of Appeal" with the City Manager within thirty (30) days of receipt of the City Manager’s decision. The Notice of Appeal shall be in writing, shall contain a detailed and precise statement of the basis for the appeal.
 Within fourteen (14) working days of receipt of a Notice of Appeal, the City Manager shall refer the appeal to the City Council for proceedings in accordance with subsection (4) of this Section 10–A.
(3) Should the City Manager refer the Notice of Deficiency to the City Council in the first instance, or if the matter reaches the City Council pursuant to a Notice of Appeal, the City shall set the matter for hearing.
i. If the City Council sets the matter for public hearing:
 The City shall give Grantee, and any interested person requesting the same, ten (10) days written notice of the time and place of the hearing. At the hearing, the City shall consider the report of the Manager indicating the deficiencies, and shall give the Grantee, or its representatives and any other interested person, a reasonable opportunity to be heard.  Based on the evidence presented at the public hearing, the City Council shall decide the appropriate action to be taken. If, based upon the record, the City determines that as noted in the Notice of Deficiency the Grantee’s performance of the Solid Waste Handling services authorized/required in this Franchise Agreement, are not in conformity with the provisions of the Franchise Agreement, or constitute a material violation of applicable federal, state, or local law or regulation, including but not limited to the laws governing collection, transfer, storage and/or disposal of Solid Waste, then the City may terminate this Franchise Agreement forthwith if it determines that an imminent and substantial threat to public health and safety has been created as a result of Grantees’ deficiency, or in the case of any other uncorrected breach, it may impose such lesser sanction or sanctions not involving 13 termination as it deems reasonably appropriate. The decision of the City Council shall be final and conclusive.
(4) Grantee’s performance under this Franchise Agreement is not excused during the period of time prior to the City Manager's or the City Council’s final determination, as the case may be, regarding the validity of, and appropriate response to, the deficiencies noted in the Notice of Deficiency.
(5) In the event Grantee: (i) has received a Notice of Deficiency and fails to perform Solid Waste Handling services; or (ii) has had its Franchise Agreement terminated; the City, reserves the right, in addition to all other rights available to the City, to take any one or combination of the following actions:
i. To rent or lease from Grantee, at its respective fair and reasonable rental value, all or any part of the Grantee's equipment (including collection containers utilized by Customers and office equipment and billing programs), utilized by Grantee in providing the Solid Waste Handling services required under this Franchise Agreement. The City may rent or lease such equipment for a period not to exceed six (6) months, for the purpose of performing the Solid Waste Handling services, or any part thereof, which Grantee is (or was), obligated to provide pursuant to its Franchise Agreement. The City may use said rented equipment to directly perform such Solid Waste Handling service or to assign it to some other Grantee or Person to act on the City’s behalf. Grantee shall be held responsible for the costs to insure the City or its assignee from all liability resulting from the operation of Grantee’s equipment. In the case of equipment not owned by Grantee, Grantee shall assign to the City, to the extent Grantee is permitted to do so under the instruments pursuant to which Grantee possesses and uses such equipment, the right to possess and use the equipment. ii. As used in this subsection, "reasonable rental value" means the rate for such equipment as listed in the State Division of Transportation publication, "Labor Surcharge and Equipment Rental Rates," in effect at the time the City leases the equipment. If a particular piece of equipment is not listed in said publication or if said publication is not current, the reasonable rental value may be established by the Manager by any equitable alternative method.
iii. If the City exercises its rights under this subsection, the City shall pay or owe Grantee the reasonable rental value of the equipment so taken for the period of the City’s possession thereof. The City may offset any amounts due to Grantee pursuant to this provision against any amounts due the City from Grantee. iv. All revenues owed by Customers which are attributable to services performed by or at the direction of the City during City's assumption of Grantee's Solid Waste Handling duties shall be billed by and paid to the City. To the extent Grantee receives such revenue after City's assumption of Grantee's Solid Waste Handling duties, Grantee shall pay such revenue to City promptly after receipt thereof (or promptly after City has performed the services related to such revenue, if the revenue was received by the Grantee prior to the City's assumption of duties) and Grantee shall be deemed to have assigned to City all of Grantee's right and interest to any such revenues.
14 (6) The City rights set forth in this Section 10–A are in addition to, and not in limitation of, any other powers or rights available to the City upon failure of Grantee to perform its obligations under this Franchise Agreement. Further, by entering into this Franchise Agreement Grantee acknowledges, admits and agrees, for use as evidence in any proceeding of any nature, and from time to time, that its material violation of any terms of this Franchise Agreement shall cause the City to suffer irreparable injury and damages sufficient to support injunctive relief to enforce the provisions of the Franchise Agreement, and to enjoin the breach thereof. Grantee hereby agrees that the City may deem the foregoing a stipulation, for any purpose or proceeding.

B. Resolution of Customer Complaints
Procedures for resolution of complaints and other disputes shall be as follows:
(1) Grantee agrees to use its best efforts to resolve all complaints received by close of business of the second working (waste collection) day following the date on which such complaint is received. (See Office of Inquiries and Complaints section herein). Service complaints may be investigated by City Manager, as necessary to resolve. Grantee shall provide reasonable cooperation in the event of such investigation. Grantee shall maintain records listing the date of Customer complaint, the name, address and telephone number of Customer, the nature of the complaint or request, and the date when and nature of the action taken by the Grantee to resolve the complaint. All such records shall be maintained for at least three (3) years after Grantee's receipt of the complaint or inquiry and shall be available for inspection by City during all business hours. Service complaints shall be responsibility of Grantee whether received by City and forwarded to Grantee, or received directly by Grantee.
(2) If the Grantee fails to cure a complaint, the City Manager shall review the complaint and determine if further action is warranted. The Manager may request written statements from the Grantee and Customer, or oral presentations or both written and oral presentations.
(3) The City Manager shall determine if the Customer's complaint is justified, and if so, what remedy, if any, shall be applied. The remedy provided to the Customer under this Section shall be limited to a refund of Customer charges related to the period of violation of any of the terms of Division 6 of Title 4 of the Code or of the breach of any term of this Franchise Agreement. In addition to any other remedy of City contained in this Agreement, City may impose upon Grantee liquidated damages of up to one hundred dollars ($100.00) payable to the City for any single event or series of related events, or actual damages as demonstrated during the resolution procedure.
(4) The City Manager may delegate the duties under this Section to a designee. The decision of the City Manager or a designee shall be final on any matter of five hundred dollars ($500.00) or less. In the event of a decision on a matter awarding more than five hundred dollars ($500.00), Grantee may seek review pursuant to the Notice of Appeal procedure contained in Section 10–A of this Agreement.
15 SECTION 11 - FRANCHISE TRANSFER
The rights of the Grantee in regard to the transferability of its Franchise shall be as set forth below:
(1) Neither this Franchise Agreement nor any right or privilege granted in this Agreement shall voluntarily or involuntarily be transferred, sold, hypothecated, sublet, assigned or leased, in whole or in part, nor shall title thereto, either legal or equitable, or any right, interest, or property therein (all collectively referred to herein as "transfer" ), pass to or vest in any Person, except the Grantee, either by act of the Grantee or by operation of law, without the prior written consent of the City. Any attempt by Grantee, or by operation of law, to transfer this Franchise Agreement without the prior written consent of the City shall be void and deemed a material breach of this Agreement.
(2) This Franchise Agreement shall terminate on any Change in Ownership of Grantee, unless such Change in Ownership has been consented to, in writing, by the City prior to the effective date of such Change in Ownership.
(3) The City shall review a request by Grantee that the City approve a transfer of all or part of Grantee's interest in this Franchise Agreement, or that the City consent to a Change in Ownership of Grantee, using such criteria as it deems necessary including, but not limited to, those listed below. The City shall not unreasonably withhold its consent to the transfer of this Franchise Agreement or to any Change in Ownership of Grantee.

If the Grantee requests that the City consider and consent to a transfer or a Change in Ownership of Grantee, the Grantee or the proposed transferee, as applicable, shall at a minimum meet each of the following requirements:
i. The Grantee shall pay the City a maximum of $50,000.00 for incurred attorney's fees and related administrative and investigation costs necessary to determine the suitability of any proposed transferee or proposed new owners, and to review and finalize any documentation required by City, in its sole and absolute discretion to determine what form of documentation will be used in terms of effecting a proper transfer, as a condition for approving any such transfer or Change in Ownership.
ii. The Grantee shall furnish the City with independently audited financial statements of the proposed transferee's operations for the immediately preceding three (3) operating years.
iii. The Grantee shall furnish the City with proof satisfactory to City, in its sole and absolute discretion:
 that the proposed transferee or the proposed management of the Grantee under the proposed new owner has at least three (3) years of solid waste management experience of a scale equal to or exceeding the scale of operations conducted by Grantee under this Agreement;  that in the last five (5) years, the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) has not received any citations, Notice of Violations or other censure from any federal, state or 16 local agency having jurisdiction over its waste management operations due to any failure to comply with state, federal or local waste management laws, where such failure either: (i) evidences a pattern of disregard for such state, federal or local waste management laws; or (ii) involves actions which endangered the lives or property of any Person.

Grantee shall supply the City with a complete list of such citations, Notices of Violations and censures, if any;
 that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) has at all times conducted its operations in an environmentally safe and conscientious fashion;
 that the proposed transferee or any company managed by the proposed new owner (or by the proposed management of the Grantee under the proposed new owner) conducts its solid waste management operations in accordance with sound waste management standards and practices and in full compliance with all federal, state and local laws regulating the collection and disposal of waste;
 of the adequate financial strength of proposed transferee or of the Grantee under the proposed new ownership; and
 of the ability of the proposed transferee or of the Grantee under the proposed new ownership to obtain and maintain required insurance and bonds.

SECTION 12 - REPORTS
Grantee shall provide the City Manager with such reports and information and make its records available for review as provided below:

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

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

SECTION 13 - COMPENSATION
A. Compensation and Billing
Each party shall provide/maintain accurate and complete accounting and billing. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.
(1) Billing and Payment. All requests for service, or for changes in service, shall be processed by City and promptly reported to Grantee. City shall provide billing services to all residential, commercial, and industrial customers who receive service pursuant to this Agreement. Drop Box services shall be billed and collected by Grantee.

On a monthly basis, City shall remit to Grantee the full amount of services provided based on the Grantee Fees set forth on Exhibit “D.” On a monthly basis, Grantee shall provide City with a report of all customers billed directly by Grantee which shall include a calculation of franchise fees payable to City. City may deduct the franchise fees owed from the payment to Grantee for residential services billed by City. The monthly compensation 18 payment to Grantee shall be paid by City within thirty (30) days of the end of the applicable billing cycle. Said Fees paid to Grantee are exclusive of fees collected by City for billing and customer services provided by the City, contract management, enterprise fund management, and Franchise Fees. The parties acknowledge City’s right to add and retain such fees.

Each party’s accounting and billing shall be accurate and complete. Either party may request and be entitled to review the other party’s accounting and billing related to this Agreement.

(2) Grantee’s Fees. Grantee shall provide solid waste handling services pursuant to this Agreement at the Fees set forth in the attached Exhibit “D,” the contents of which are incorporated by this reference. The Exhibit “D” Fees will apply at the inception of this Agreement, and are subject to adjustment as set forth elsewhere herein.

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

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

B. Adjustment to Fees
The following annual and special rate adjustments shall be made to the Fees provided for in this Franchise Agreement.
(1) Annual Cost of Living Adjustment (COLA)
Beginning July 1 2023, and each July 1 thereafter, the Fee shall be annually adjusted upwards by adding a cost-of-living adjustment (COLA) to the then current Fee. The COLA shall be based on the percentage change in the level of the Consumer Price Index (CPI) between the CPI Index for the month of May of the prior year and the CPI Index for the month of May immediately before the COLA adjustment date. 19 (2) Extraordinary Adjustment
The parties acknowledge that there may be infrequent extraordinary events which, although they do not prevent either party from performing, and thus do not implicate the Force Majeure provisions hereof, nevertheless increase the cost of providing service such that Grantee’s compensation and the Fee adjustment mechanism provided in this Agreement result in Grantee’s suffering losses which are substantially outside the commercially reasonable expectations of the parties. The obligation of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in Fees. Accordingly, at its option, Grantee may apply to the City at any time, but not more frequently than once annually, for an extraordinary Fee adjustment should an event or circumstance arise (including a change in landfill tipping fee) that is not the result of a Change in Law or Change in Service Level which negatively impacts the economic operation of Grantee and which is in excess of the Fee adjustment resulting from the application of the annual adjustment formula set for in subparagraph (a) above. An interim adjustment in Fees will be deemed justified if it is necessary for the Grantee to make a substantial change in its operations, or substantial capital expenditure or investment in order to perform its obligations under this Agreement due to the occurrence of an event or circumstance other than a Change in Law or Change in Service Level which is beyond the reasonable control of Grantee. In the event of such an application for an extraordinary Fee increase, it is understood that the Grantee shall have the burden of demonstrating to the reasonable satisfaction of City the basis for the extraordinary increased cost. (3) Franchise Fee Adjustment
The Franchise Fee adjustment shall be the pass through of one hundred percent (100%) of any increase or decrease in the Franchise Fee, and shall be effective as of the date the Franchise Fee increase or decrease is payable by the Grantee. (4) Change in Scope Level Adjustment
i. The Fee shall be increased (or decreased) by one hundred percent (100%) of the increase (or decrease) or incremental increase (or incremental decrease), as the case may be, in the demonstrable costs (i.e., on any direct or indirect cost, whether fixed or variable) associated with the change in the level of the Solid Waste Handling services which may be required of, or agreed to by, Grantee.

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

In no event shall any Change in Law Adjustment be effective prior to the City's approval of an amendment to the Franchise Agreement.
ii. In the event that the City Manager and the Grantee claiming to be affected by the Change in Law cannot agree on either the existence, or the effect on demonstrable costs, of a Change in Law, the dispute resolution provisions of Section 13–C (1) shall apply.

C. Dispute Resolution Regarding Adjustment to Fees
(1) Any dispute regarding any Change in Service Level Adjustment or Change in Law Adjustment provided for in 13 above, which cannot be resolved between the Grantee and City within thirty (30) days of the receipt by City of such documents as City may reasonably request, shall be submitted to a mutually agreed upon expert in the subject matter area of the dispute to resolve the dispute as to either or both: (i) the existence of a Change in Service Level or a Change in Law; and/or (ii) the effect on the Grantee's demonstrable costs of a Change in Service Level or a Change in Law. The decision of the expert shall be binding on the Grantee and the City. The cost of the expert shall be borne equally by the Grantee and the City and the Parties shall pay the expert(s) each party’s respective share on demand by the expert(s). If the Grantee and City cannot mutually agree upon an expert, either may petition the Superior Court of the County of Fresno to have an expert chosen by the court. The City and Grantee shall each have the right to suggest one expert to the court; the court shall choose one of the suggested experts. (2) Any dispute regarding the current Fee schedule or Fee adjustments (except those disputes related to a Change in Service Level Adjustment or Change in Law Adjustment) shall be decided by the City Manager within ten (10) working days after receipt of a written statement from the Grantee of the nature and basis of the dispute with a request that it be resolved by the City Manager. Grantee shall have the right to appeal the Manager’s decision in writing to the City Council within thirty (30) days after the City Manager has given the Grantee written notice of the decision. Such appeal shall conform to the appeal provisions set forth in Section 10–A of this Agreement in respect to the form of the Notice of Appeal, the time limits for processing the appeal, and the amount of fees, if any, connected therewith. The City may consider the appeal or refer said appeal to a hearing officer as provided in Section 10–A of this Agreement.
(3) The most recent Fees approved by the City Manager in effect at the time a dispute is submitted to either the expert or City Manager, as the case may be, shall remain in effect pending resolution of such dispute. The effective date of any dispute resolution, whether 21 retroactive or prospective, shall be determined by the expert, the City Manager, the City or a hearing officer, as appropriate.

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

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

SECTION 15 - OTHER PROVISIONS
A. Independent Contractor
Grantee is an independent contractor and not an officer, agent, servant, or employee of City.

Grantee is solely responsible for the acts and omissions of its officers, agents, and employees, if any. Nothing in this Franchise Agreement shall be construed as creating a partnership or joint venture between City and Grantee. Neither Grantee nor its officers, agents, or employees shall obtain any rights to retirement or other benefits which accrue to City employees.

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

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

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

D. Notices
Any notice, information, request or reply ("Notice") required or permitted to be given under the 22 provisions of this Agreement shall be in writing and shall be given or served personally, by mail, or by email. If given or served by mail, such Notice shall be deemed sufficiently given if: (1) (i) deposited in the United States mail, certified mail, return receipt requested, postage prepaid, or (ii) sent by overnight service provided proof of service is available; and (2) addressed to (i) the Grantee at its most recent address of record with City or (ii) to the Manager at the then-current address of City, as the case may be. If given by email, such Notice shall be deemed sufficiently given if the receiving party confirms receipt. The addresses of the parties at the time of signing this Agreement are:

To City: Attn: City Manager
City of KINGBURG
1401 Draper Street
KINGBURG, CA 93631

To Grantee: Attn: Contract Administrator
Mid-Valley Disposal, LLC
15300 West Jensen Avenue
Kerman, CA 93630
Either party may from time to time designate by Notice to the other given in accordance with this Section. Notice shall be deemed effective on the date personally served or, if mailed, three (3) business days from the date such notice is deposited in the United States mail, or if by facsimile transmission, upon receipt of confirmation of delivery which confirmation may be transmitted by the same means. Service by facsimile transmission shall not be effective unless the original of the document being served is deposited in the United States mail, postage prepaid, within twenty-four (24) hours after the facsimile transmission has been confirmed. Emails shall be deemed effective upon confirmation of receipt.

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

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

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

H. Waiver
No waiver by either party of any one or more defaults or breaches by the other party in the performance of this Agreement shall operate or be construed as a waiver of any already established or future defaults or breaches, whether of a like or different character or degree. 23 I. Counterpart Signatures
This Agreement may be executed in counterpart pages (counterparts), each of which shall be deemed an original and all of which shall constitute one and the same instrument, and shall become fully executed when counterparts have been signed by each of the Parties and delivered to the other Parties; it being understood that all Parties need not sign the same signature pages of this Agreement. The exchange of copies of this Agreement and of signature pages by electronic mail in “portable document format” (“.pdf”) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, or by combination of such means, shall constitute effective execution and delivery of this Agreement as to the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted electronically shall be deemed to be their original signatures for all purposes.

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

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

Notwithstanding the forgoing, the parties acknowledge the provisions of “Chapter 6.20, Garbage and Rubbish Disposal” of the City Code as currently enacted are included herein and, further, that if and when such City Code provisions are amended, that the amended provisions shall apply to this Agreement, without any action being required of either party. The City Manager shall provide Notice to Grantee upon changes to the City Code that require a change in this Agreement. 24 SECTION 18 - CONSTRUCTION OF FRANCHISE
The parties hereto have negotiated this franchise at arm's length and with advice of their respective attorneys, and no provision contained herein shall be construed against either party solely because it prepared the actual physical Agreement executed by the parties.

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

CITY OF KINGBURG MID-VALLEY DISPOSAL, LLC
City Manager
City Attorney Joseph Kalpakoff
Approved to Form
City Clerk President
Attest
25 EXHIBIT “A” - PROVIDED SERVICES
This Exhibit sets forth the level of services to be provided by Grantee pursuant to its Franchise, and the manner of providing such services which are in addition to the manner of providing services specified in this Agreement.

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

A. Single Family Residential
(1) Weekly 3 Cart Service - Unless otherwise required under applicable law or regulation, once per week Grantee shall collect the Solid Waste (except bulky items and Hazardous Waste), which has been separated, placed, kept, or accumulated in containers at residential units within the Franchise Area and placed at curbside prior to Grantee's normal weekly collection time. All Solid Waste must be placed within containers at curbside without obstructions so as to permit collection, unless otherwise agreed upon by City and Grantee. Contractor will pick up in alleyways and move all containers to one side of alley in areas designated by City for alley collection.
(2) Grantee shall supply containers, and shall require the use of specific containers as specified in this Exhibit “A.” Grantee may provide special pickup procedures, above and beyond the services described above, with customers consistent with the Fees paid Grantee in Exhibit “D.” Grantee shall notify City immediately of any Changes in Service Level, and similarly, City shall notify Grantee of any Changes in Service Level.

B. Commercial, Industrial, and Multi-Residential
(1) Multi-Residential Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Grantee shall collect the Solid Waste (including bulky items which have been placed in a closed bin, and excepting metallic white goods and Hazardous Waste) which have been placed, kept or accumulated for collection in Solid Waste Bins at Multi-Residential Units. (2) Commercial and Industrial Weekly Service - Unless otherwise required under applicable law or regulation, at least once per week Grantee shall collect the Solid Waste which have been placed, kept or accumulated for collection in Solid Waste Bins at commercial units.
(3) Contractor shall provide shared bin service in downtown or other areas as directed by City. City agrees to administer and oversee the individual accounts and services that are shared.

C. Source Separated Materials – Contamination
Grantee shall conduct contamination monitoring as defined in Exhibit B of this Agreement. 26 D. Special Collection Programs
The following minimum special collection programs shall apply to this Franchise Agreement:
(1) City Facilities: Grantee shall provide bin and cart commercial service to the City at no cost for the following City-owned facilities.
i. City Hall
ii. Fire Station 1
iii. Fire Station 2
iv. Police Department
v. City Yard
vi. Senior Center
vii. City Pool
viii. All City Parks
(2) Contractor shall sponsor two (2) annual community clean-up weekend events per year on dates designated by the City. Contractor will provide staffing, equipment and containers for each event. Contractor will advertise the events with a mail-out as part of the City billing the month prior to the event. Additionally, Contractor will provide on-call, on-site pick-up for Senior Citizens and disabled customers.

Contractors disposal yard in the City will be used for these events. Contractor will also perform all reporting and record keeping of all tonnages received and collected during these events.
(3) Offer discounted rates for residents at contractors public dump location in City. (4) Alley Clean-up and Illegal Dumping: At Cities direction, Contractor agrees to provide targeted clean-up of illegal dumping or provide bins to City for alley cleanups, up to ten (10) tons annually. (5) Christmas Trees: Grantee shall collect and dispose of Christmas trees left at curbside by Customers during the three regular pickups following each Christmas day.
(6) Senior and Handicapped Service: When a customer produces evidence that he or she is at least 65 years of age or a medical practitioner’s statement showing that he/she is physically unable to place his/her solid waste bins at the curb for collection, together with his/her affidavit certifying that no able-bodied person under 65 years of age on the premises is available for such purposes, Grantee will provide walk-in service to such premises.
(7) Contractor shall provide scholarships or donations to non-profits and charitable organizations in the City in the amount of $2,000 annually during the term of the agreement.
(8) Provide Solid Waste and Recycling containers and/or roll offs and portable toilets as requested by city for the following City Sponsored Events:
i. The Kingsburg Car Show
ii. The Swedish Festival
27 iii. Swedish Village Farmer’s Market
iv. The Fourth of July Independence Celebration
v. The Summer Band Concerts Under the Stars
vi. Julgransfest Christmas Tree Lighting Ceremony
vii. Santa Lucia Festival Christmas Celebration
viii. The Harvest Moon Jazz Festival
ix. Farmer’s Market
x. Trick or Treat; and
xi. Annual Dinner and Awards Functions
E. Emergency Disaster Debris Removal Services
(1) In the event of a declared emergency disaster such as a fire, flood, earthquake, or other such occurrence as deemed meeting the criteria of a disaster in which debris is created, the Grantee will be given the first right of refusal in its franchise area to offer temporary bin/roll off services to transport debris to a staging area or disposal facility designated by the Manager.
(2) During any period of time that Grantee is unable to service its franchise area during such declared emergency, either for loss of transportation, lack of assistance or an overabundance of debris material or other similar circumstances, the City reserves the right to contract with third-party entities for temporary bin/roll off services, including transportation of debris to a Solid Waste Facility. Grantee shall notify City when it regains its ability to recommence service in its franchise area and City will, within a reasonable time period, terminate any contract with third-party entities for the same services.
(3) The City reserves the right to direct roll off bin service to areas that have been designated as critical due to the emergency conditions. 28 EXHIBIT “B” - SB 1383 COMPLIANCE PROGRAMS
To support the City in complying with regulations under SB1383, Contractor shall implement the programs identified in this Exhibit B. These programs are designed to meet the implementation and education requirements of SB1383 and help the City achieve annual diversion requirements set by CalRecycle. The City’s actual annual diversion rate depends on participation of businesses and residents, their respective adherence to program requirements and local code, the City’s enforcement of applicable codes, and the City’s implementation of other programs outside the scope of this Agreement. Accordingly, City shall amend or update the City code to incorporate requirements necessary for the implementation of these programs.

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

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

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

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

Instructional Service Guide: Contractor shall prepare a service guide that describes available services, including how to place Containers for Collection, which materials should be placed in each Container and prohibited materials, and provides Collection holidays
Property Owners and Businesses: Contractor shall annually provide Property Owners and Commercial Business owners with public education materials in electronic format for their distribution to all employees, contractors, tenants, and Customers of the properties and businesses. The Contractor’s public education materials shall include, at a minimum, information about Organic Waste recovery requirements and proper sorting of Discarded Materials. A Commercial Business or Multi-Family Property Owner may request these materials more frequently than the standard annual provision if needed to comply with the requirement of 14 CCR Section 18984.10 for Commercial Businesses and Multi-Family Property Owners to provide educational information to new tenants and employees before or within fourteen (14) days of occupation of the Premises. In this case, the Commercial 29 Business or Multi-Family Property Owner may request delivery of materials by contacting the Contractor’s customer service department not later than two (2) weeks in advance of the date that the materials are needed.

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

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

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

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

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

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

4. Procurement
At City option, Contractor agrees to make available for purchase up to 1,000 tons of compost or mulch annually at market rate to help City meet its procurement requirements.

Contractor also agrees to provide City with any available procurement credits from renewable fuel purchases used by vehicles within City.
30 5. Waivers
The City shall be responsible for granting waivers to commercial or multi-family generators that meet the de minimis requirements subject to the requirements under SB1383, pursuant to 14 CCR Section 1898411, or other requirements that may be specified by City. This includes physical space waivers where services may be impacted.

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

6. Edible Food Recovery
Contractor shall provide City with necessary data and reporting to determine which customers are considered tier 1 and tier 2 commercial edible food generators.

At least annually, the Contractor shall provide Commercial Edible Food Generators with the following information:
• Information about the City’s Edible Food Recovery program; • Information about the Commercial Edible Food Generator requirements under 14 CCR, Division 7, Chapter 12, Article 10;
• Information about Food Recovery Organizations and Food Recovery Services operating within the City, and where a list of those Food Recovery Organizations and Food Recovery Services can be found; and,
• Information about actions that Commercial Edible Food Generators can take to prevent the creation of Food Waste.

7. Reporting
Contractor will provide the data or prepare reports required to meet SB1383 requirements which includes:
• The number of generators that receive organic waste collection service • The number of route reviews conducted for prohibited container contaminants • The number of times notices, violations, or targeted education materials were issued to generators for prohibited container contaminants. • The results of waste evaluations performed to meet the container contamination minimization requirements and the number of resulting targeted route reviews • The number of commercial edible food generators located within the jurisdiction 31 EXHIBIT “C” - DEFINITIONS
For the purposes of this Franchise Agreement, the following terms, when used with initial capitalization, shall have the meanings set forth in this Section:

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

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

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

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

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

F. CHANGE IN OWNERSHIP. "Change in Ownership" occurs when either a transaction or event, results in fifty percent (50%) or more of the beneficial ownership of the Grantee being different than such ownership as of the date of the approval by the City 32 of the Franchise Agreement or, if applicable, as of the date of the most recent consent of the City to a Change of Ownership. The owners of the beneficial ownership of Grantee on the date of the approval of the Franchise Agreement or, if applicable, on the date of the most recent consent of the City to a Change of Ownership, shall be referred to in this subsection as an "Initial Owner". A Change in Ownership will be determined by application of the following:
(1) Any beneficial interest owned by an individual related by blood or marriage to an Initial Owner shall be considered as owned by an Initial Owner in determining if a Change in Ownership has occurred.
(2) Any public offering of stock where the stock is offered for sale to the general public and does not constitute a private placement shall be disregarded in determining if a Change in Ownership has occurred.
(3) Sales, transfers, issuances or pledges of non-voting shares of stock will not be considered in determining if a Change in Ownership has occurred, until and unless and only to the extent that such stock is converted into voting shares of stock. (4) The pledge of, or any other action taken relative to, voting shares of stock which results in any voting rights of such stock being exercised by other than an Initial Owner shall be considered to be a transfer of such stock for the purposes of determining if a Change in Ownership has occurred.

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

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

I. CONSUMER PRICE INDEX. “Consumer Price Index” or “CPI” means the Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average, all items, not seasonally adjusted, 1982-1984=100, or the most similar successor index if this index is no longer published.

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

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

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

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

O. EFFECTIVE DATE. “Effective Date” means September 1st, 2022.

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

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

R. FEE. "Fee" means the inclusive Fee schedule attached to this Agreement as Exhibit “D,” which provides the Fees to be paid to Grantee by City in consideration of the Solid Waste Handling services provided by Grantee hereunder. The Residential Fees in Exhibit D do not include a Franchise Fee. The Commercial Fees in Exhibit D include a 15.0% Franchise Fee Rates charged to Customers by City may be higher than Fees paid Grantee in order to cover appropriate City costs.

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

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

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

V. GRANTEE. "Grantee" means Mid-Valley Disposal, LLC, a California Limited Liability Company.
34 W. GREEN WASTE. "Green Waste" means discarded Solid Waste consisting of grass clippings, leaves, branches, tree trunks and other vegetative matter not more than six (6) inches in diameter or four (4) feet in length.

X. GROSS RECEIPTS.
(1) "Gross Receipts" means all monies received by Grantee for providing the Solid Waste Handling services specified in its Franchise Agreement Exhibit “D”. (2) "Gross Receipts Less Disposal Charges" means Gross Receipts less that part of the monies received by the Grantee that are collected from Customers for payment of the fee imposed for disposing of the Solid Waste at a Solid Waste Facility.

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

Z. MANAGER. “Manager” means the City Manager of the City of KINGBURG, or designee of City Manager.

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

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

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

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

EE. PROCESSING. "Processing" means the reduction, separation, recovery, conversion or recycling of Solid Waste.
35 FF. PROHIBITED CONTAINER CONTAMINANTS. “Prohibited Container Contaminants” means (i) items placed in the Blue Container that are not identified as acceptable Recyclable Materials; (ii) items placed in the Green Container that are not identified as acceptable organic waste; (iii) items placed in the Gray Container that are acceptable to be placed in City’s Green Container and/or Blue Container ; and (iv) Excluded Waste placed in any Container.

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

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

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

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

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

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

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

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

OO. SOLID WASTE HANDLING. "Solid Waste Handling" means one or more of the following:
the collection of Solid Waste from a commercial, residential, construction or industrial source; the transportation of such Solid Waste to a Solid Waste Facility; and the transfer, Processing, composting, transformation or disposal of such Solid Waste at the Solid Waste Facility.

PP. SPECIAL WASTES. “Special Wastes” means all the items and materials which are designated as such in a Franchise Agreement.

QQ. TRANSFORMATION. “Transformation” as used in this Agreement shall have the same meaning as set forth in Public Resources Code Section 40201, as it may be amended from time to time.
37 EXHIBIT “D” - FEES

RESIDENTIAL RATES
October 1,
2022
Kingsburg Monthly Residential Rates
96 Gallon (Inc 96 gallon for Organics and Recycling) $26.55 64 Gallon Trash - Senior and Disabled Veterans Discount -$1.63 (Inc 96 gallon for Organics and Recycling) $0.00
Additional Residential Containers
96 Gallon Container – Garbage: $11.40
96 Gallon Container - Organic $6.51
96 Gallon Container - Recycling $3.26
Return Charges:

Container Delivery Charges $40.99
No charge to set up service $0.00
Container Replacement Charges
64 Gallon Container: $90.12
95 Gallon Container: $106.41
Container Services
Cleaning/Sanitizing:
a. 1st occurrence ea. $90.12
b. 2nd occurrence ea. $90.12
Extra Pick-up
64 Gallon Container: $8.69
96 Gallon Container: $8.69
Tires: Collection and Disposal
Passenger Car Tires $12.00
Truck Tires $22.60
Tractor Tires $57.00
Contamination Charges
First Warning: $0.00
Second Warning: $20.00
Third Warning: $35.00
Fourth and each Addl. $50.00
One time set up fee
Special Events/Pick-up
96 Gallon Container: $30.00
3 Yard Bin: $204.13
Delivery $48.86
38 Green Waste Drop-off Fee: City Use Only
1/2 ton trucks and 16ft and under trailers only $45.60
Local Residential and Schools: $45.60
Local Commercial w/Residential: $45.60
Bulky Items – Curbside Collection (3 items or less not to exceed 500 pounds)
1st occurrence $97.00
2nd occurrence $97.00
3rd occurrence $97.00
Items in excess of allowable:

Minimum charge ea. $43.43
Maximum charge $217.16
COMMERCIAL RATES October 1, 2022
TRASH
96 gallon trash 1x per week $25.92
96 gallon trash 2x per week $45.72
96 gallon trash 3x per week $68.61
2 yard trash 1x per week $101.17
2 yard trash 2x per week $151.80
2 yard trash 3x per week $210.92
2 yard trash 4x per week $272.56
2 yard trash 5x per week $361.13
2 yard trash 6x per week $450.21
3 yard trash 1x per week $148.58
3 yard trash 2x per week $193.73
3 yard trash 3x per week $303.43
3 yard trash 4x per week $412.49
3 yard trash 5x per week $502.24
3 yard trash 6x per week $626.22
4 yard trash 1x per week $183.18
4 yard trash 2x per week $254.98
4 yard trash 3x per week $365.75
4 yard trash 4x per week $470.69
4 yard trash 5x per week $635.90
4 yard trash 6x per week $858.98
6 yard trash 1x per week $206.06
6 yard trash 2x per week $412.44
6 yard trash 3x per week $607.63
6 yard trash 4x per week $802.66
39 6 yard trash 5x per week $1,003.46
6 yard trash 6x per week $1,204.18

RECYCLING
64 gallon recycle 1x week $7.60
64 gallon recycle 2x week $14.66
64 gallon recycle 3x week $21.72
96 gallon recycle 1x week $9.45
96 gallon recycle 2x week $17.37
96 gallon recycle 3x week $25.52
2 yard recycle 1x per week $57.87
2 yard recycle 2x per week $133.24
2 yard recycle 3x per week $173.73
3 yard recycle 1x per week $70.04
3 yard recycle 2x per week $161.35
3 yard recycle 3x per week $210.41
4 yard recycle 1x per week $89.93
4 yard recycle 2x per week $179.57
4 yard recycle 3x per week $269.83
6 yard recycle 1x per week $129.59
6 yard recycle 2x per week $307.99
6 yard recycle 3x per week $388.72

ORGANICS
64 gallon Organics 1x week $7.49
64 gallon Organics 2x week $14.66
64 gallon Organics 3x week $21.72
96 gallon Organics 1x week $8.69
96 gallon Organics 2x week $16.18
96 gallon Organics 3x week $23.62

1.5 yard Organics 1x week $81.44

1.5 yard Organics 2x week $130.30

1.5 yard Organics 3x week $179.16
Return Charges:

Container Delivery Charges $55.38
No charge to set up service -
Container Replacement Charges
96 Gallon $86.87
2 Yard Bin $814.36
40 3 Yard Bin $895.80
4 Yard Bin $1,031.52
6 Yard Bin $1,167.25
Container Services Cleaning/Sanitizing:
1st occurrence ea. $97.72
2nd occurrence ea. $97.72
Extra Pick-up
96 Gallon Container: $13.03
2 Yard Bin $72.48
3 Yard Bin $102.07
4 Yard Bin $128.67
6 Yard Bin $147.67
Contamination Charges
First Warning: -
Second Warning: $25.00
Third Warning: $50.00
Fourth and each Addl. $75.00
RESIDENTIAL RATES October 1, 2022
Kingsburg Monthly Residential Rates
96 Gallon (Inc 96 gallon for Organics and Recycling) $26.55 64 Gallon Trash - Senior and Disabled Veterans Discount -$1.63 (Inc 96 gallon for Organics and Recycling) $0.00
Additional Residential Containers
96 Gallon Container – Garbage: $11.40
96 Gallon Container - Organic $6.51
96 Gallon Container - Recycling $3.26
Return Charges:

Container Delivery Charges $40.99
No charge to set up service $0.00
Container Replacement Charges
64 Gallon Container: $90.12
95 Gallon Container: $106.41
Container Services
Cleaning/Sanitizing:
a. 1st occurrence ea. $90.12
b. 2nd occurrence ea. $90.12
Extra Pick-up
64 Gallon Container: $8.69
96 Gallon Container: $8.69
Tires: Collection and Disposal
Passenger Car Tires $12.00
Truck Tires $22.60
Tractor Tires $57.00
Contamination Charges
First Warning: $0.00
Second Warning: $20.00
Third Warning: $35.00
Fourth and each Addl. $50.00
One time set up fee
Special Events/Pick-up
96 Gallon Container: $30.00
3 Yard Bin: $204.13
Delivery $48.86
Green Waste Drop-off Fee: City Use Only
1/2 ton trucks and 16ft and under trailers only $45.60
Local Residential and Schools: $45.60
Local Commercial w/Residential: $45.60
Bulky Items – Curbside Collection (3 items or less not to exceed 500 pounds) 1st occurrence $97.00
2nd occurrence $97.00
3rd occurrence $97.00
Items in excess of allowable:

Minimum charge ea. $43.43
Maximum charge $217.16
COMMERCIAL RATES October 1, 2022
TRASH
96 gallon trash 1x per week $25.92
96 gallon trash 2x per week $45.72
96 gallon trash 3x per week $68.61
2 yard trash 1x per week $101.17
2 yard trash 2x per week $151.80
2 yard trash 3x per week $210.92
2 yard trash 4x per week $272.56
2 yard trash 5x per week $361.13
2 yard trash 6x per week $450.21
3 yard trash 1x per week $148.58
3 yard trash 2x per week $193.73
3 yard trash 3x per week $303.43
3 yard trash 4x per week $412.49
3 yard trash 5x per week $502.24
3 yard trash 6x per week $626.22
4 yard trash 1x per week $183.18
4 yard trash 2x per week $254.98
4 yard trash 3x per week $365.75
4 yard trash 4x per week $470.69
4 yard trash 5x per week $635.90
4 yard trash 6x per week $858.98
6 yard trash 1x per week $206.06
6 yard trash 2x per week $412.44
6 yard trash 3x per week $607.63
6 yard trash 4x per week $802.66
6 yard trash 5x per week $1,003.46
6 yard trash 6x per week $1,204.18

1.5 yard Organics 1x week $81.44

1.5 yard Organics 2x week $130.30

1.5 yard Organics 3x week $179.16
Return Charges:

Container Delivery Charges $55.38
No charge to set up service -
Container Replacement Charges
96 Gallon $86.87
2 Yard Bin $814.36
3 Yard Bin $895.80
4 Yard Bin $1,031.52
6 Yard Bin $1,167.25
Container Services Cleaning/Sanitizing:
1st occurrence ea. $97.72
2nd occurrence ea. $97.72
Extra Pick-up
96 Gallon Container: $13.03
2 Yard Bin $72.48
3 Yard Bin $102.07
4 Yard Bin $128.67
6 Yard Bin $147.67
Contamination Charges
First Warning: -
Second Warning: $25.00
Third Warning: $50.00
Fourth and each Addl. $75.00

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Alexander J. Henderson, City Manager; ICMA-CM REVIEWED BY: AP AGENDA ITEM: 2022/2023 Capital Improvement Plan – Infrastructure Project Update ACTION REQUESTED: ___Ordinance ___Resolution ___Motion _____Receive/File

EXECUTIVE SUMMARY
As part of the annual budget, the Council approved a capital improvement project plan, which included nearly 60 projects.

Staff is bringing this item to Council for discussion and input. It is likely this list will be modified as we continue to work through internal budget meetings. The final CIP will be considered as part of the budget adoption by Council.

This evening, City Engineer Dave Peters will provide an overview of a timeline of some of the major infrastructure related projects, including road work, parks, and facilities improvements. Mr. Peters will also provide an update on the ongoing roundabout construction at Sierra/Bethel.

The City maintains a Pavement Management System (PMS) which identifies the condition of City streets and provides as a guide for annual maintenance activities.

PCI Range Treatment Strategy
100-70 Slurry Seal
69-50 Overlay/Base Repair
49-25 2.5” HMA/Pavement Recycling/Base Repair
24-0 Complete Reconstruction
Street project work that was approved for FY23 include:

Roadway Limits PCI Repair Type Cost
Sierra/Bethel Roundabout N/A Construction 1,075,000
10th Ave. Stroud to Kamm <50 Mill & Overlay $445,000
18th Ave. Earl St. to Kern St. 40 Mill & Overlay $320,000 18th Ave. SB
Lanes
Kamm to North of Tract
6167
25 Mill & Overlay 270,000
22nd Ave Sierra to Orange <40 Mill & Overlay 380,000
Meeting Date: 10/05/2022
Agenda Item: 6.2

Page 2 of 2 ends

The City employs a strategy of repairing the streets in most disrepair but also pursuing preventative maintenance on streets to prolong their longevity. This approach has proven to be the most cost effective in maintaining city streets.

RECOMMENDED ACTION BY CITY COUNCIL

1. Informational only.

POLICY ALTERNATIVE(S)

1. N/A

STRATEGIC INITIATIVE

1. Ensure Financial Stability

FINANCIAL INFORMATION

PRIOR ACTION/REVIEW
None.

BACKGROUND INFORMATION
See Executive Summary.

ATTACHED INFORMATION

1. CIP Schedule (Infrastructure Projects)

2. 2022-2023 Capital Improvement Plan Status Update
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? Varies by Project
ID Task Name Duration Start Finish
1 PD Station Design 20 days Mon 9/26/22 Fri 10/21/22
2 PD Station Bid & Con 100 days Mon 10/24/22 Fri 3/10/2334 Athwal Park Design 60 days Mon 9/26/22 Fri 12/16/225 Athwal Park Bid & Con 80 days Mon 12/19/22 Fri 4/7/2367 TOD Phase 1 Project Design 40 days Mon 9/26/22 Fri 11/18/228 TOD Phase 1 Project Bid & Con 70 days Mon 11/21/22 Fri 2/24/239 10 18th Ave Sidewalks Design 60 days Mon 9/26/22 Fri 12/16/2211 18th Ave Sidewalks Bid & Con 60 days Mon 12/19/22 Fri 3/10/231213 Downtown Parking Lots Design 20 days Mon 9/26/22 Fri 10/21/2214 Downtown Parking Lots Bid & Con 50 days Mon 10/24/22 Fri 12/30/221516 Madsen Ave (Stroud to Kamm) Design 90 days Mon 10/24/22 Fri 2/24/2317 Madsen Ave (Stroud to Kamm) Bid & Con 55 days Mon 2/27/23 Fri 5/12/231819 10th (Stroud to Kamm) Design 90 days Mon 9/26/22 Fri 1/27/2320 10th (Stroud to Kamm) Bid & Con 80 days Mon 1/30/23 Fri 5/19/232122 18th Ave SB Lanes ‐ Const. 10 days Mon 11/28/22 Fri 12/9/222324 Sierra Street RRFB's Design 20 days Mon 9/26/22 Fri 10/21/2225 Sierra Street RRFB's Bid & Con 55 days Mon 10/24/22 Fri 1/6/232627 18th Ave (Earl to Kern) Design 90 days Mon 9/26/22 Fri 1/27/2328 18th Ave (Earl to Kern) Bid & Con 80 days Mon 1/30/23 Fri 5/19/232930 22nd Ave (Sierra to Orange) Design 30 days Mon 12/5/22 Fri 1/13/2331 22nd Ave (Sierra to Orange) Bid & Con 60 days Mon 1/16/23 Fri 4/7/233233 Annual Slurry Seals Design 20 days Mon 2/6/23 Fri 3/3/2334 Annual Slurry Seals Bid & Con 60 days Mon 3/6/23 Fri 5/26/233536 Senior Center Kitchen Remodel Design 60 days Mon 10/3/22 Fri 12/23/2237 Senior Center Kitchen Remodel Bid & Con 90 days Mon 12/26/22 Fri 4/28/233839 Laurel Street Dog Park Design 120 days Mon 1/16/23 Fri 6/30/2340 Laurel Street Dog Park Bid & Con 100 days Mon 7/3/23 Fri 11/17/234142 Urban Water Management Plan 80 days Mon 10/10/22 Fri 1/27/23 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug
2023

CITY OF KINGSBURG
2022-23 CIP SCHEDULE

Page 1 ends

Department Strategic Goal Met Type of Request Item Description Purpose Cost Funding Source Status Update All All Infrastructure 5-Year Strategic Plan Update Update Existing Strategic Plan Document $20,000 General Fund/Water Enterprise In Progress; Seeking Facilitator EstimatesAll All Software Hiring Software Recruitment/Compliance/Onboarding Programming $18,000 GF/Water/Measure E In Progress; Currently in implementation phase City Hall/IT Ensure Financial Stability Software Improve IT Security Multi-Factor Login Systems $12,000 General Fund Not Yet Started City Hall All Facilities City Hall Roof & Thermostats City Hall roof repairs & thermostats $24,000 General Fund Thermostats Complete Community Development Promote Sustainable Development/Increase Retail Opportunities Incentive Façade/Alley Program Grant Program for Façade/Alley $100,000 Economic Development Fund/ARPA In Progress; Program expanded Community Development Promote Sustainable Development/Increase Retail Opportunities Incentive Econ. Development - Property Tax Micro-Grant Program $30,000 Economic Development Fund/GF In ProgressCommunity Development Promote Sustainable Development/Increase Retail Opportunities Incentive Econ. Development - Property Tax Residual Property Tax Program - Incentives $80,000 Residual Property Tax Collection In Progress; Program expanded Community Services Improve Community Communication Software Technology Update CivicRec Software for Community Service Reservations/Payments $11,500 General Fund In Progress; Currently in implementation phase Council All Facilities Façade Repairs Awning Repairs; City Hall $5,500 General Fund In Progress; Seeking QuotesCouncil All Facilities Security Upgrades Install Door Access Readers; Safety Lighting $6,500 General Fund Door Access Complete; Lighting IPCouncil All Planning Housing Element Update Sixth Cycle; MJHE $150,000 General Fund In Progress with Fresno COGCouncil All Planning Compensation Study Organizational Compensation Study $35,000 General Fund/Water Enterprise Bids Received; Work anticipated Spring 23Council All Planning Update Emergency Operations Plan Update Emergency Operations Plan $60,000 Measure E In Progress; Consultant Compiling Information Council/Committee Improve Public Safety Infrastructure Funding Request For Improvements Public Safety Committee Request $10,000 General Fund Not Yet Started Engineering/PW Improve Public Safety Infrastructure TOD Intersection Improvements Phase 1 TOD Grant Improvements, Intersections and Bike Lanes $445,000 TOD Grant; Fresno COG IP; Design PhaseEngineering/PW Improve Public Safety Infrastructure Parking Lot Repairs Repave Downtown Parking Lots/ADA Upgrades (Library, Senior Center, Smith St. $225,000 Measure C IP; Design PhaseEngineering/PW Improve Public Safety Infrastructure Sidewalk Installation 12th Ave Sidewalk (Stroud to Aslan); Construction $65,350 CMAQ Grant; 11.4 % Measure C Local Share IP; Design PhaseEngineering/PW Improve Public Safety Infrastructure Sidewalk Installation 18th Ave Sidewalk (Stroud to Klepper); Construction $120,400 CMAQ Grant; 11.4% LTF 3 Local Share IP; ROW Acquisition PhaseEngineering/PW Improve Public Safety Infrastructure Sidewalk Installation 18th Ave Sidewalk (Sierra to Stroud); Construction $168,831 CMAQ Grant; 11.4% LTF 3 Local Share IP; ROW Acquisition Phase Engineering/PW Improve Public Safety Infrastructure New Construction Roundabout at Sierra Ave./Bethel Ave.; ROW and CONS $1,075,000 HSIP IP; Winter CompletionEngineering/PW Improve Public Safety Infrastructure Road Repair 10th/Academy (Stroud to Kamm Ave); Mill and Overlay $445,000 LTF 8 IP; Design PhaseEngineering/PW Improve Public Safety Infrastructure Road Repair 22nd Ave (Sierra St. to Orange St.); Mill and Overlay $380,000 Measure C/Gas Tax IP; Design PhaseEngineering/PW Improve Public Safety Infrastructure Road Repair 18th Ave SB (Kamm to N/O Tract 6167) $270,000 Traffic Impact Fees IP; December Completion Engineering/PW Improve Public Safety Infrastructure Road Repair 18th Ave (Earl to Kern St.) Mill and Overlay $328,245 SB1 IP; Spring Completion Fire Improve Public Safety Equipment New Equipment Extractor; Removes Cancer-causing Agents from PPE $45,000 Measure E CompletedFire Improve Public Safety Vehicle Replace Aging Equipment Replace Aging Admin. Vehicle $80,000 Measure E CompletedFire Improve Public Safety Equipment Replace Aging Equipment Replace Fire Hose (10 year lifespan); 3,000 L.F. $45,000 Measure E IP; Equipment Ordered Fire/Amb Improve Public Safety Facilities Lighting Fire Station Signage Lighting $22,000 Fire Enterprise Not Yet Started Fire/Amb Improve Public Safety Facilities Replace Aging Equipment Industrial Ice Machine Replacement $10,000 Measure E CompletedFire/Amb Improve Public Safety Facilities Safety Upgrades Improve Station #1 Apparatus Floor; Floor Drain and Epoxy $45,000 Measure E CompletedFire/Amb Improve Public Safety Equipment Radios/Communications Continued Communications Upgrades $40,000 Measure E In Progress; Equipment Ordered Parks Provide Recreation Opportunities for All Ages Equipment New Equipment Install Expression Swing at Memorial Park $3,000 General Fund Not Yet StartedParks Provide Recreation Opportunities for All Ages Equipment Replace Aging Equipment Replace Outdoor Movie Equipment $5,000 General Fund Not Yet StartedParks Provide Recreation Opportunities for All Ages Infrastructure Prop. 68 Funds Athwal Park Restroom Installation $250,000 Prop 68 (non-competitive)/20% Local Match IP; Design and Equipment Purchasing Parks Provide Recreation Opportunities for All Ages Facilities Softfall Replacement Purchase/Replace Softfall Materials (Heritage and Sunset Parks) $12,000 General Fund IP; Completed in FallParks Provide Recreation Opportunities for All Ages Facilities Tree Removal Removal Problem Trees at City Parks (contract work) $15,000 General Fund Completed Police Improve Public Safety Vehicle New Vehicle New Vehicle for New Employee (GF) $70,000 General Fund IP; Vehicle OrderedPolice Improve Public Safety Equipment Body Worn Cameras Outfit Officers with BWC and Dash Cameras $80,000 Measure E IP; Reseraching VendorsPolice Improve Public Safety Equipment Radios/Communications Dual Band Radio Upgrades $125,000 Measure E IPPolice Improve Public Safety Facilities Facility/Space Upgrade KPD Workspace Renovations, Striping, lighting $350,000 Measure E IP; Spring CompletionPolice Improve Public Safety Vehicle New Vehicles New Vehicles for New Employees (Measure E) $140,000 Measure E IP; Vehicles Ordered Pool Provide Recreation Opportunities for All Ages Facilities Fence Repairs Fence Repair (Pool) $20,000 Pool Completed Pool Provide Recreation Opportunities for All Ages Infrastructure Shade Structure Replace Shade Structure (North end) $35,000 Pool Not Yet Started Public Works Improve Public Safety Equipment Mower Replacement Mower Replacement $17,000 CFD transfer to GF IP; Seeking QuotesPublic Works Ensure Financial Stability Facilities Fence Repairs Fence Repairs (Pool, Kern Basin, Bicentennial Park) $20,000 General Fund CompletedPublic Works Improve Public Safety Maintenance Slurry Seal Projects Slurry seal projects $150,000 LTF 8 Phase 1 Complete Public Works Improve Public Safety Maintenance Annual Street Striping Large Street Striping Project $200,000 LTF 8/Measure C In Progress Public Works Improve Public Safety Equipment Hazard Light Upfit Hazard Light Installation (Fleet Vehicles) $15,000 General Fund Not Yet Started Public Works Increase Retail Opportunities Maintenance Flag Replacement Replacement of US/Swedish Flags $6,000 Measure C Not Yet StartedPublic Works Improve Public Safety Maintenance Sidewalk Repairs Repairs from Identified Locations $20,000 Measure C IP; Compiling List of Locations Public Works All Facilities Roof Repairs Roof Repairs (City Hall, Fire, PD) $54,000 GF/Measure E IP; Seeking Quotes PW/Solid Waste Ensure Financial Stability Planning Solide Waste Prop. 218 Prop. 218 for Solid Waste Rates $7,500 Solid Waste Fund Completed Senior Center Promote Sustainable Development Facilities Paint Paint Senior Center Exterior/Repairs As Needed $20,000 Senior Center/ARP Completed Water Enterprise Improve Public Safety Facilities Generator Maintenance Load Test/Generator Repairs $15,000 Water Enterprise CompletedWater Enterprise Ensure Financial Stability Infrastructure Hydrant Replacement Hydrant Replacements $60,000 Water Enterprise IPWater Enterprise Ensure Financial Stability Planning Update UWMP Update Urban Water Management Plan (5-year requirement) $50,000 Water Enterprise IP; Complete by Spring Water Enterprise All Loan/Grant Fiber Broadband Loan Install City-wide Fiber Optic Broadband $3,200,000 Water Enterprise/ARPA IP; Design Phase Total Capital Improvement Plan $9,311,826
Capital Improvement Projects 2022‐2023

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Adam Castaneda, Community Services Director REVIEWED BY: AJH AGENDA ITEM: Prop 68 Statewide Park Development Programs Update ACTION REQUESTED: ___Ordinance ____Resolution Motion ___√___Receive/File

EXECUTIVE SUMMARY
Proposition 68 was approved in 2018 authorizing $4 billion in general obligation bonds for state and local parks, environmental protection, and restoration projects. The largest amount of bond revenue was earmarked for neighborhood parks in park-poor neighborhoods in accordance with the Statewide Park Development and Community Revitalization Act of 2008's competitive and non-competitive grant programs.

These programs were the largest park related grant programs in California’s history and will create new parks and recreation opportunities in critically underserved communities across California. Since December 8, 2021, The California State Parks Department has announced $548.3 million in grant funding to deliver new parks to more than 100 communities and advance the Newsom Administration’s “Outdoors for All” initiative to enable all Californians, regardless of zip code or income, to access parks and open space.

Non-Competitive Grant Program:

In 2019, the California Department of Parks and Recreation’s Office of Grants and Local Services (OGALS) announced the allocation of non-competitive grant program funds through the Parks and Water Bond Act of 2018 (Proposition 68). These Per Capita allocations were for all cities and local districts, and the funded amounts were derived by dividing the total bond funds made available by the number of eligible entities.

In December 2021, the Kingsburg Community Services Commission and Kingsburg City Council approved for the Kingsburg non-competitive funds to be allocated to the installation of public restrooms at Athwal Park.

City of Kingsburg Project: Athwal Park Restrooms Total Grant Amount: $185,525.76 Project Summary:

As part of the Athwal Park Improvement Project Phase 2, these restrooms will be prefabricated and were designed with input by the Community Services Commission. CXT® Precast Concrete Products was the selected manufacture. Their products roof and walls are fabricated with high strength precast concrete to meet all local building codes and textured to match local architectural details. All concrete construction makes the buildings easy to maintain and withstand the rigors of vandalism. The buildings are prefabricated and delivered complete and ready-to- use, including plumbing and electrical where applicable.

Project Timeline:

December 15, 2021 Council approved project selection
February 22, 2022 Community Service Commission approved restroom model and design July 1, 2022; Project is programed as part of the City’s FY23 budget (includes matching funds needed) October 1, 2022 CXT restroom to be ordered; Final design and bid documents prepared December 2022 – April 2023; Bid Project, Award, and Construction Phase April 30, 2023 Project completion • Project open to the public June 30, 2024 End of Grant Performance Period
Meeting Date: 10/05/2022
Agenda Item: 6.3
Competitive Grant Program:

In 2019 & 2020, staff presented information to the Community Services Commission (CSC) & City Council in anticipation for grant application submittal. The CSC evaluated the seven applicable parks in Kingsburg and selected their top four parks for application submittal: Athwal Park, Heritage Park, Kingsburg Dog Park, and Kingsburg Regional Sports Complex. In March 2021, after enduring a very competitive process and working with our state representative, it was determined that the Kingsburg Dog Park was selected for funding.

City of Kingsburg Project: Kingsburg Dog Park Total Grant Amount: $1,244,000 Project Summary:

To renovate the existing Kingsburg Dog Park in the City of Kingsburg by constructing recreation amenities such as, all-weather walking track, restrooms with lighting, and three shade structures. Renovations will also include landscaping and lighting throughout the entire park.

Project Timeline:

March 12, 2021 Applications Due
December 8, 2021 State to announce grant awards for the $395,302,155 January 1, 2022 Establish a CSC dog park subcommittee
May 1, 2022 Begin Deliberation with City Engineer and Public Works October 15, 2022 CSC Project review with public input opportunity January 2023 – June 203; Workshops, Public Input and Final Design of Project July 2023 – November 2023; Bid Project, Award, and Construction Phase November 2023 Project Completion • Project open to the public • Final Payment Request June 30, 2028 End of Grant Performance Period
The project has entered pre-construction deliberations with the City engineer. The Community Services Commission will provide input on amenities for the landscape architect to create a design within the confines of the project application and budget. The City of Kingsburg has until June 2028 to complete the project in its entirety.

RECOMMENDED ACTION BY CITY COUNCIL

1. Informational. Council may provide direction to staff.

POLICY ALTERNATIVE(S)

1. Provide City staff with additional input and project changes.

REASON FOR RECOMMENDATION/KEY METRIC

1. Provide Recreation Opportunities for Residents of All Ages

FINANCIAL INFORMATION

BACKGROUND INFORMATION
See Executive Summary
ATTACHED INFORMATION 1. Athwal Park Restroom Exhibit 8-2-22 a. http://www.cxtinc.com/buildings-cortez.html
FISCAL IMPACT:

1. Is There A Fiscal Impact? Yes

2. Is it Currently Budgeted? Yes

3. If Budgeted, Which Line? 031-9100-549-5744
CITY OF KINGSBURG BATHROOM EXHIBIT ATHWAL PARK Figure 1

CITY COUNCIL MEETING STAFF REPORT
REPORT TO: Mayor North & City Council
REPORT FROM: Adam Castaneda, Community Services Director REVIEWED BY: AJH AGENDA ITEM: Special Event Application Discussion
ACTION REQUESTED: ___Ordinance ____Resolution √ Motion ______Receive/File

EXECUTIVE SUMMARY
The City of Kingsburg’s application used to obtain Special Event Permits was amended by Council on April 17, 2019. The previous discussion evaluated the process an applicant must go through to receive a special event permit. This discussion was sparked after observing a rise in interest from Kingsburg organizations to utilize public space for special events. These entities include for-profit groups, individual citizens, and private businesses, excluding the Kingsburg Chamber and other non-profits. The Kingsburg Chamber of Commerce and other nonprofits currently work with the city on hosting annual community-based events which benefit local businesses and/or enhance the community’s quality of life.

City staff was directed to research surrounding city’s criteria for groups looking to utilize public space such as roads, sidewalks, alley ways, and parks. Further discussion branched out to include certain permission needed by City Council for the closure of streets for special events. In 2019, a tiered system was adopted as a solution to these issues and staff has implemented the change in policy.

Since 2019, the new special event application policies have proven to enhance the permitting process by defining who is eligible to close streets in the central commercial zone of downtown. However, the added requirement of obtaining Council approval thirty days prior to a proposed event date has been problematic. Applicants unaware of this policy tend to submit an application thirty days before a proposed event date, not allowing enough time for staff to seek administrative input and compile a staff report for City Council consideration. Applicants are unaware City Council only meets on the first and third Wednesdays of the month and miss the thirty days of approval requirement.

City staff is seeking Council input and is suggesting possible amendments to the existing language for Special Event Permit Tiers for street closures.

Special Event Permit Tiers
Street Closures
Local Non-Profit:

Draper Street Closure Request
Draper Street closure requests will only be considered for Non-Profit organizations whose principal place of business is in Kingsburg, California (“Local Non-Profit”). All Draper Street closures will require City Council approval unless pre-approved under a preexisting agreement. These requests must be for community- focused events open to the public which enhance the quality of life for the residents of the Kingsburg and offer the citizens of Kingsburg something to participate in and enjoy (collectively “Community Events”). City Council approval of the street closure must be received at least thirty (30) days prior to the date of the street closure. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval is required for event rescheduling due to inclement weather forecast or emergencies.

Meeting Date: 10/05/2022
Agenda Item: 6.4
Central Commercial Street Closure Request
All street closures in the central commercial zone district will require City Council approval unless pre-approved through a preexisting agreement. These requests must be Community Events open to the public. City Council approval of the street closure must be received at least thirty (30) days prior to the date of the street closure. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval is required for event rescheduling due to inclement weather forecast or emergencies.

Local Businesses/Organizations:

Draper Street Closure Request
Draper Street will not be closed for any event unless the event is in conjunction with a Local Non-Profit. All Draper Street closures will require City Council approval unless pre-approved through a preexisting agreement. These requests must be Community Events open to the public. City Council approval of the street closure must be received at least thirty (30) days prior to the date of the street closure. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval is required for event rescheduling due to inclement weather forecast or emergencies.

Central Commercial Street Closure Request
All requests for street closures in the central commercial zone district, excluding Draper Street closures, shall require City Council approval. The applicant, at its expense, will provide written notice of the request for the street closure to all businesses fronting on the portion of the street to be closed (collectively “Affected Business”). The written notice must identify the date and time of the street closure and the Community Event that will take place during the street closure. Before seeking City Council approval of the street closure, the applicant must receive written consent to the street closure from a majority of Affected Businesses. If the applicant receives written consent to the street closure from a majority of Affected Businesses, the applicant may seek City Council approval of the street closure. These requests must be for Community Events open to the public. City Council approval of the street closure must be received at least thirty (30) days prior to the date of the street closure. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval is required for event rescheduling due to inclement weather forecast or emergencies.

Individual Residents:

All Street Closure Request
Street closures will not be granted to individual residents or for-profit events (unless described above).

It is staff’s recommendation that we incorporate new language regarding special event applicants seeking Council approval and the time required to administratively process their requests.

RECOMMENDED ACTION BY CITY COUNCIL

1. Provide input on changes, if any, to the Special Event Tier Policy. If acceptable, approve the language regarding use of public spaces.

POLICY ALTERNATIVE(S)

1. Council could choose not to make changes to the Special Event Tier Policy.

REASON FOR RECOMMENDATION/KEY METRIC

1. Improve Public Safety

2. Improve Community Communication

3. Increase Retail Opportunities overall customer experience.

FINANCIAL INFORMATION

BACKGROUND INFORMATION
See Executive Summary

ATTACHED INFORMATION

1. Special Event Tier Policy

2. Special Event Application
FISCAL IMPACT:

1. Is There A Fiscal Impact? No

2. Is it Currently Budgeted? N/A

3. If Budgeted, Which Line? N/A
1 Special Event Permit Tiers
Street Closures

1. Local Non-Profit:

Draper Street Closure Request
Draper Street closure requests will only be considered for Non-Profit organizations whose principal place of business is in Kingsburg, California (“Local Non-Profit”) . All Draper Street closures will require City Council approval unless pre-approved under a preexisting agreement . These requests must be for community- focused events open to the public which enhance the quality of life for the residents of the Kingsburg and offer the citizens of Kingsburg something to participate in and enjoy (collectively “Community Events”). City Council approval of the street closure must be received at least thirty (30) days prior to the date of the street closure. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval must be sought and granted for event rescheduling due to inclement weather forecast or emergencies.

Central Commercial Street Closure Request
All street closures in the central commercial zone district will require City Council approval unless pre-approved through a preexisting agreement . These requests must be Community Events open to the public. City Council approval of the street closure must be received at least thirty (30) days prior to the date of the street closure.

Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval.

Administrative approval must be sought and granted for event rescheduling due to inclement weather forecast or emergencies.

2. Local Businesses/Organizations:

These requests must be Community Events open to the public. City Council approval of the street closure must be received at least thirty (30) days prior to the date of the street closure. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval must be sought and granted for event rescheduling due to inclement weather forecast or emergencies.

Central Commercial Street Closure Request
All requests for street closures in the central commercial zone district, excluding Draper street closures, shall require City Council approval. The applicant, at its expense, will provide written notice of the request for the street closure to all businesses fronting on the portion of the street to be closed (collectively “Affected Business”). The written notice must identify the date and time of the street closure and the Community Event that will take place during the street closure. Before seeking City Council approval of the street closure, the applicant must receive written consent to the street closure from a majority of Affected Businesses. If the applicant receives written consent to the street closure from a majority of Affected Businesses, the applicant may seek City Council approval of the street closure. These requests must be for Community Events open to the public. City Council approval of the street closure must be received at least thirty (30) days prior to the date of the street closure. These requests must be for Community Events open to the public. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval must be sought and granted for event rescheduling due to inclement weather forecast or emergencies.

Formatted: Font: (Default) +Headings (Calibri Light),
12 pt
Formatted: Font: (Default) +Headings (Calibri Light),
12 pt, Not Italic
Formatted: Font: (Default) +Headings (Calibri Light),
12 pt, Not Italic
Formatted: Font: (Default) +Headings (Calibri Light),
12 pt
Formatted: Font: (Default) +Headings (Calibri Light),
12 pt, Not Italic
Formatted: Font: (Default) +Headings (Calibri Light),
12 pt
2 3. Individual Residents:

All Street Closure Request
Street closures in the central commercial zone district will not be granted to individual residents or for-profit events (unless described above).

Special Event Permit Tiers
Public Sidewalk, Alley, and Walkway Use

1. Local Non-Profit/Chamber of Commerce:

Draper Right of Way Use Request
Requests for use of the Public right of way (sidewalk, alley, parks, etc.) (collectively “Right-of-Way”) along Draper Street will be considered for Local Non-Profits and will be subject to administrative review and approval unless pre-approved through a preexisting agreement . These requests must be for Community Events open to the public. Administrative approval of the closure and use must be received at least fourteen (14) days prior to the date of the Right-of-Way use.

Central Commercial Right of Way Use Request
Requests for Right-of -Way use in the central commercial zone, excluding Draper street, will be considered for Local Non-Profits and will be subject to administrative review and approval unless pre-approved through a preexisting agreement. . These requests must be for Community Events open to the public. Administrative approval of the closure and use must be received at least fourteen (14) days prior to the date of the Right-ofWay use.

2. Local Businesses/Organizations:

All Central Commercial Right-of Way Use Request
Requests for Right-of-Way use in the central commercial zone district, excluding Draper street, by local business and organizations, other than Local Non-Profits, will be subject to administrative review and approval.

Administrative approval of the use of the Right-of-Way must be received at least fourteen (14) days prior to the date of the Right-of-Way use. If the Right-of-Way use will occur for the same purpose multiple times during a one (1) year period of time, the applicant may seek administrative approval to allow for the Right-of-Way use for the same purpose for a specified number of times during a one (1) year period of time. Draper Street Rightof-Way will not be allowed to be used unless in conjunction with a Local Non- Profit event. Except that, alleys that run adjacent to Draper St. may be used, so long as the request is made by an adjacent property owner/tenant, and the alley is not blocked off or closed to public use. If the use includes use of the alley by third-party vendors, the vendor use is limited to food vending vehicles. All food vending vehicles must operate in accordance with the provisions of Chapter 5.38 of Title 5 of the Kingsburg Municipal Code. The applicant must include in its application for the special event permit a copy of the food vendor’s resale number issued by the California Tax and Fee Administration. The applicant, at its expense, will provide written notice of the request for the alley use to all businesses adjacent to the alley to be used (collectively “Alley Business”). The written notice must identify the date and time of the alley use and the type of event that will take place during the alley use. The event must be open to the public. Before seeking administrative approval for the alley use, Formatted: Font: (Default) +Headings (Calibri Light),
12 pt, Not Italic
3 the applicant must provide proof of written notice of the use to all the Alley Businesses . Administrative approval of the alley use must be received at least fourteen (14) days prior to the date of the alley use. If the alley use will occur for the same purpose multiple times during a one (1) year period of time, the applicant may seek administrative approval to allow for the alley use for the same purpose for a specified number of times during a one (1) year period of time.

3. Individual Residents:

Public right of way c use in the central commercial zone district will not be granted to individual residents or for-profit events (unless described above).

Special Event Permit Tiers
All Other Areas
All other requests of use for City parks, public right-of-way and other public areas for private parties, block parties and similar events in any City zone district other than the central commercial zone district will be subject to the City’s current Special Event requirements and procedures. Use of public right-of-way or other public areas for any retail, commercial or business purpose, including, without limitation, the sale of goods or providing of services is prohibited in all City zone districts unless expressly allowed under the City’s Municipal Code, including Section Chapter 5.40 of Title 5 of the City’s Municipal Code allowing for certain sidewalk vending.
4 Adopted by the Kingsburg City Council on April 17, 2019 1 Special Event Permit Tiers
Street Closures

1. Local Non-Profit:

Draper Street Closure Request
Draper Street closure requests will only be considered for Non-Profit organizations whose principal place of business is in Kingsburg, California (“Local Non-Profit”) . All Draper Street closures will require City Council approval unless pre-approved under a preexisting agreement . These requests must be for community- focused events open to the public which enhance the quality of life for the residents of the Kingsburg and offer the citizens of Kingsburg something to participate in and enjoy (collectively “Community Events”). Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval must be sought and granted for event rescheduling due to inclement weather forecast or emergencies.

Central Commercial Street Closure Request
All street closures in the central commercial zone district will require City Council approval unless pre-approved through a preexisting agreement . These requests must be Community Events open to the public. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval.

Administrative approval must be sought and granted for event rescheduling due to inclement weather forecast or emergencies.

2. Local Businesses/Organizations:

These requests must be Community Events open to the public. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval must be sought and granted for event rescheduling due to inclement weather forecast or emergencies.

Central Commercial Street Closure Request
All requests for street closures in the central commercial zone district, excluding Draper street closures, shall require City Council approval. The applicant, at its expense, will provide written notice of the request for the street closure to all businesses fronting on the portion of the street to be closed (collectively “Affected Business”). The written notice must identify the date and time of the street closure and the Community Event that will take place during the street closure. Before seeking City Council approval of the street closure, the applicant must receive written consent to the street closure from a majority of Affected Businesses. If the applicant receives written consent to the street closure from a majority of Affected Businesses, the applicant may seek City Council approval of the street closure. These requests must be for Community Events open to the public. Applications must be received at least forty-five (45) days prior to the proposed event date for Council approval. Administrative approval must be sought and granted for event rescheduling due to inclement weather forecast or emergencies.

3. Individual Residents:

All Street Closure Request
2 Street closures in the central commercial zone district will not be granted to individual residents or for-profit events (unless described above).

Special Event Permit Tiers
Public Sidewalk, Alley, and Walkway Use

1. Local Non-Profit/Chamber of Commerce:

2. Local Businesses/Organizations:

Administrative approval of the use of the Right-of-Way must be received at least fourteen (14) days prior to the date of the Right-of-Way use. If the Right-of-Way use will occur for the same purpose multiple times during a one (1) year period of time, the applicant may seek administrative approval to allow for the Right-of-Way use for the same purpose for a specified number of times during a one (1) year period of time. Draper Street Rightof-Way will not be allowed to be used unless in conjunction with a Local Non- Profit event. Except that, alleys that run adjacent to Draper St. may be used, so long as the request is made by an adjacent property owner/tenant, and the alley is not blocked off or closed to public use. If the use includes use of the alley by third-party vendors, the vendor use is limited to food vending vehicles. All food vending vehicles must operate in accordance with the provisions of Chapter 5.38 of Title 5 of the Kingsburg Municipal Code. The applicant must include in its application for the special event permit a copy of the food vendor’s resale number issued by the California Tax and Fee Administration. The applicant, at its expense, will provide written notice of the request for the alley use to all businesses adjacent to the alley to be used (collectively “Alley Business”). The written notice must identify the date and time of the alley use and the type of event that will take place during the alley use. The event must be open to the public. Before seeking administrative approval for the alley use, the applicant must provide proof of written notice of the use to all the Alley Businesses . Administrative approval of the alley use must be received at least fourteen (14) days prior to the date of the alley use. If the alley use will occur for the same purpose multiple times during a one (1) year period of time, the applicant may 3 seek administrative approval to allow for the alley use for the same purpose for a specified number of times during a one (1) year period of time.

3. Individual Residents:

Public right of way c use in the central commercial zone district will not be granted to individual residents or for-profit events (unless described above).

City of Kingsburg

SPECIAL EVENT & FACILITY USE APPLICATION PROTOCOL & CHECKLIST

FOR OFFICIAL USE ONLY
APPLICATION FEE MUST BE PAID UPON APPLICATION SUBMITTAL. THE LICENSE FEE MUST BE PAID BEFORE RECEIVING THE CERTIFICATE.

Applicant Must:

Verify Event Date Availability
Fill out Application
Provide Proof of General Liability Insurance
______________________________________________ _______________________ Staff Signature Date
Submit Application For Review: Initials
Park Reservation Only:

Community Services Department __________
Special Event Application:

Public Works Department __________
Fire Department __________
Police Department __________
FEES:

Park Rental Electricity
Resident 4 hrs $25.00 $25.00
All day $50.00 $40.00
Non Resident 4 hrs $45.00 $25.00
All day $65.00 $40.00
Special Event Application $25.00
Business License 1-10 non licensed vendors $75.00
11-20 non licensed vendors $125.00
21 and up non licensed vendors $175.00
City of Kingsburg

SPECIAL EVENT & FACILITY USE APPLICATION
(Application must be submitted to the City of Kingsburg 30 business days prior to be considered) $25.00 Application Processing Fee + Vendor Fee If Applicable DATE OF EVENT: _________________________________________TIME: _________ AM/PM TO _________ AM/PM Name of Event: _____________________________________________ Number of People Attending: _________Alcohol served/sold? YES NO (If sold, an ABC permit is REQUIRED) Description of Event (in detail): ________________________________________________________________ _________________________________________________________________________________________________________________________ _________________________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ Applicants Name/Event Representative: ________________________________________________________________ Applicant’s Address: _________________________________ City: __________________ Day Phone: __________________________ Alternative Phone: _____________________ Event Location:

Equipment Request and/or Special Needs:

FEE DUE UPON SUBMITTAL
Date Received: ___________ Received By: ____________ Fee: _____________ Insurance:____________ Memorial Park Downtown Park Crandell Pool Downtown/City Covered Area(M1) Pavilion(D1) Entire Complex Draper Street Corner Area(M2) Corner Area(D2) Grass Area __________________ Band Stage(M3)
Will You Need: Yes/No Details / Location
Banners Hung ______ __________________________________________________________ Electricity ______ __________________________________________________________ Street Barricades ______ (How many?)_______________________________________________ Street Closure ______ (Please provide a detailed map on the following page)_______________ Traffic Control ______ __________________________________________________________ Other ______ __________________________________________________________ Additional Requests and/or Comments:
_________________________________________________________________________________________ _________________________________________________________________________________________ Will Your Event Include (Please Circle):

Amplified Music Barbecue Bicycle Race Parade
Car Show Dunk Tank Stages Live Animals
Foot Race Inflatables Other:__________________________
Will Your Event Include Vendors (Please Circle):
1-10 Vendors: $75.00 fee 11-20 Vendors: $125.00 fee 21+ Vendors: $175.00 fee (Proof of vendor list will need to be submitted, current vendors will business licenses can be excluded) e-mail Address: ___________________________________________ Property Owner (If different from applicant): ________________________________________________________ Property Owner’s Address: _____________________________________________________________________ City: ___________________________ State: _______ Zip: _______ Phone: ______________________ Person Managing the Event: ____________________________________________________________________ (Contact person must be present onsite during the entire event.) Mobile Phone: ___________________________ Alternative Phone: ________________________________ ______ Initials Any amplified music must be kept within community standards. Alcohol (if permitted) may not be sold or furnished to minors or obviously intoxicated persons. The permit holder agrees to cooperate with the Kingsburg Police Department to mitigate any issues surrounding the event. The Kingsburg Police Department Watch Commander may revoke this permit for cause at any time. ______ Initials Security may be required for any public and private events and is required at any event where alcohol is served or sold. Whether security is required and the number of security officers will be determined by the Kingsburg Police Department. Proof of security contract and ABC One Day Permit will be required for the final approval of this application.
______ Initials The undersigned agrees to indemnify, defend (with legal counsel acceptable to the City of Kingsburg) and hold harmless the City of Kingsburg and its officials, agents, employees, and officers against any and all liability, losses, claims, damages, fees of attorneys, and other expenses which the City or its officials, agents, employees or officers may sustain or incur in consequences of or arising out of any activity conducted at the event or the actions or persons at the event including, but not limited to, sums paid or incurred in connection with claims, suits, or judgment or paid or incurred in attempting to procure release from liability for any person injured at the event.

APPLICANT/REPRESENTATIVE:

I hereby certify that all of the information provided is correct. I agree to comply with and abide by all of the provisions of this Special Events Application.
_____________________________________________________ ______________ Signature Date
PROPERTY OWNER/AUTHORIZED AGENT:

I have read this completed Special Events Application and consent to all of the above information and agree to comply with and abide by all of the provisions of this Special Events Application. ____________________________________________________ ______________ Signature Date
Special Event Map Requirements
For Special Events, applicants must provide a separate detailed map, to include:
1) The proposed area to be used for the event.
2) Entry and exit locations including barricade placement for street closure. 3) Set-up of any structures, i.e. bleachers, fences, displays, etc., that your event might have.

FOR OFFICIAL USE ONLY
APPLICATION FEE MUST BE PAID UPON APPLICATION SUBMITTAL. THE LICENSE FEE MUST BE PAID BEFORE RECEIVING THE CERTIFICATE. _______ APPROVED _______ DENIED
Conditions for Approval:
______ Other:_______________________________________________________________________ ______ Other:_______________________________________________________________________ ______________________________________________ _______________________ Community Service Director, Adam Castaneda Date

ADDITIONAL APPROVAL REQUIRED FOR ALCOHOL USE
_______ APPROVED _______ DENIED
Conditions for Approval:
______ No minors allowed
______ Dance must be concluded by: ____________
______ Security Required ___________ officer(s) minimum ______ No sale of alcohol allowed on premises
______ No alcohol outside premises
______ Other: _______________________________________________________________________ ______________________________________________ _______________________ Chief of Police, Neil Dadian Date

CITY OF KINGSBURG

PARK FACILITY USE POLICIES

1. Rentals occur on a first come, first serve basis, unless otherwise authorized by Department and/or City Manager. If at any time during your reservation, there is an issue/problem, please contact the Kingsburg Police Department at (559) 897-2931.

2. City facilities may be used between the hours of 7:00am and 10:00pm.

3. An application must be completed and all fees paid before a reservation can be made. The reservation process:
a. ID will be checked to verify residency.
b. If the reservation includes a bounce house, the following information needs to be received by City staff:
i. Name of the bounce house company
ii. Insurance must be submitted by the bounce house company naming the City of Kingsburg as an additional insurer.
iii. A confirmation must be received by staff, confirming the order of the bounce house. iv. PLEASE NOTE: YOUR APPLICATION WILL NOT BE PROCESSED UNTIL THIS INFORMATION IS RECEIVED. THE CITY HAS A FIRST COME FIRST SERVE POLICY, IF YOUR INFORMATION IS NOT RECEIVED, YOUR SPOT MAY BE LOST TO ANOTHER RESERVATION.

4. User must provide a certificate of general liability listing the City of Kingsburg as additionally insured in an amount not less than $1,000,000 when using bounce houses, dunk tanks and any other recreational equipment during the scheduled rental period. The use of water slides, water bounce houses or any other water play equipment is prohibited.

5. Zoo and farm animals are prohibited in City Parks. This includes petting zoos and animal rides. If found having these animals or attractions in your rental, your reservation will be void and the applicant will be charged for the clean-up of the animal(s).

6. If the applicant must cancel the approved rental date, he/she must do so AT LEAST 3 business day prior to the event to receive a refund of ½ of the rental fee. If weather causes the approved scheduled event to be canceled, contact with the City must be made within one business day to receive a refund of ½ of the rental fee.

7. The Department requires the applicant to clean the site after use, depending on the nature of the event.

The applicant will be billed for the cost of staff time and cleaning materials. Non – compliance may void approved application for further use. NO VEHICLES ARE ALLOWED ON PARK GROUNDS.

8. The applicant assumes the responsibility of replacing and/or repairing any equipment, facility amenities, etc., damaged during the rental use. This may also include the cost of any additional clean up that may be needed.

9. Individuals, groups, clubs, and organizations may schedule a facility for weekly or monthly functions and may at any time be preempted for City sponsored events and activities; however adequate advance notice will be given.

10. Any violation of the facility use policies will result in the immediate voiding of the Park Facility Use Permit, user will not be eligible for a refund either part or in full.

11. The City of Kingsburg may, for good cause, suspend the rules contained herein and/or develop additional rules governing use as it deems necessary.

12. In the event of an appeal of an administrative decision regarding the use or policy, the appeal shall be filed in writing, clearly stating the reasons therefore, and shall be processed as follows until resolved:

1. Community Services Director

2. City Manager

3. City Council
Special Event Permit Tiers
Street Closures

1. Local Non-Profit/Chamber of Commerce:

Draper Street Closure Request
Draper Street closure requests will only be considered for City-based Non-Profits and the Kingsburg Chamber of Commerce. All Draper Street closures would require Council approval unless preapproved through a preexisting contract (e.g. City/Chamber agreement).

Central Commercial Street Closure Request
All central commercial zone street closures would require Council approval unless pre-approved through a preexisting contract (e.g. City/Chamber agreement). These requests must be for communitybased events open to the public. A 30-day application window is required.

2. Local Businesses/Organizations:

Draper Street Closure Request
Draper will not be allowed to be closed unless in partnership with a local non-profit or the Kingsburg Chamber of Commerce. The process for review would follow the same as outlined above.

Central Commercial Street Closure Request
All central commercial zone street closure requests would require Council approval unless preapproved through a preexisting contract (e.g. City/Chamber agreement). The applicant is required to notice impacted businesses at their own expense and receive the majority of their written consent to the closure. These requests must be for community-based events open to the public. A 30-day application window is required.

3. Individual Residents:

Street closures will not be granted to individual residents or for-profit events (unless described above).

Public Sidewalk, Alley, and Walkway Use

1. Local Non-Profit/Chamber of Commerce:

Draper Right of Way Closure Request
Public right of way use (sidewalk, alley, parks) requests on Draper street will be considered for City-based Non-Profits and the Kingsburg Chamber of Commerce with administrative approval unless pre-approved through a preexisting contract (e.g. City/Chamber agreement). These requests will be for events open to the public and a two-week application processing time is acceptable.

Central Commercial Right of Way Closure Request
Public right of way use (sidewalk, alley, parks) requests in the central commercial zone, excluding Draper street will be considered for City-based Non-Profits and the Kingsburg Chamber of Commerce with administrative approval unless pre-approved through a preexisting contract (e.g. City/Chamber agreement). These requests will be for events open to the public and a two-week application processing time is acceptable.

2. Local Businesses/Organizations:

Public right of way use requests in the central commercial zone will considered through administrative approval. Draper Street right of ways will not be allowed to be closed unless in partnership with a local non-profit or the Kingsburg Chamber of Commerce. However, alleys that run adjacent to Draper St. may be utilized, so long as the request is coming from an adjacent property owner/tenant, and the alley is not blocked off to public use. Any request for public space use would require the applicant to notice businesses at their own expense and receive a majority of written consent to the use. These requests will be for events open to the public and a two-week application processing time is acceptable (all materials must be submitted outside of the two week timeframe).

3. Individual Residents:

Public right of way closures will not be granted to individual residents or for-profit events (unless described above).

All Other Areas
All other requests of use and/or closures for parks and public spaces for private parties, block parties, events, etc. will follow our current Special Event protocol. Use of public space for the sale of goods is prohibited unless expressly approved by City Council.

Kingsburg City CouncilOctober 5, 2022

Kingsburg City Council
October 5, 2022