Agenda packet — Lakeport City Council, September 3, 2024

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AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR

AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)
Tuesday, September 3, 2024 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of September 3, 2024 Page 2
AGENDA

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, September 3, 2024, 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 *All references to “City Council” include those other agencies which are listed above The City Council may discuss and/or take action on any or all of the items listed on the agenda irrespective of how the agenda items are described. The council may establish and make appointments to a Council committee (made up of two Councilmembers) with respect to any item appearing on this agenda.

I. CALL TO ORDER & ROLL CALL: 6:00 p.m.

II. PLEDGE OF ALLEGIANCE:

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

Move to accept agenda as posted or move to add or delete items.

To add item, Council is required to make a majority decision that an urgency exists (as defined in the Brown Act) and a 2/3rds determination that the need to take action arose subsequent to the agenda being posted.

IV. CONSENT AGENDA: The following Consent Agenda items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without any discussion. Any Council Member may request that any item be removed from the Consent Agenda for discussion under the regular Agenda. Removed items will be considered following the Consent Calendar portion of this agenda.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of August 20, 2024.

C. Emergency Renewal: Approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

D. Application G2024-018: Approve application G2024-018, with staff recommendations, for the KPFZ Company Party at the Xabatin Community Park Amphitheatre.

E. Lakeport Employees Association
(LEA:

Adopt a resolution approving a Memorandum of Understanding with the Lakeport Employees’ Association for the period of July 1, 2024 to June 30, 2027.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Any person may speak for 3 minutes about any subject within the authority of the City Council, provided that the subject is not already on tonight’s agenda. Per Government Code §54954.3(a), the City Council cannot take action or express a consensus of approval or disapproval on any public comments regarding matters which do not appear on the printed agenda.

VI. PUBLIC HEARINGS:

A. Proposition 218 Protest Hearing: Hold a public hearing and adopt the authorizing the proposed adjustments to rates for solid waste utility service.

VII. COUNCIL BUSINESS:

A. City Manager

1. Silveira Community
Center:

Authorize the City Manager to execute the attached License Agreement between the City of Lakeport and the Lake County Health Services Department.

City Council Agenda of September 3, 2024 Page 3
B. Police Chief

1. July 4th Fireworks
Operations After Action
Report
Receive and file the 2024 police after-action report on the Independence Day Fireworks Operations.

C. Utilities Director

1. Granular Activated
Carbon Replacement
Award the contract for the Granulated Activated Carbon Replacement to Calgon Carbon Corporation and authorize the City Manager to execute the contract in the amount of $80,555.00.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

ADJOURNMENT:

Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet are available for public inspection in the City Clerk’s Office at 225 Park Street, Lakeport, California, during normal business hours. Such documents are also available on the City of Lakeport’s website, www.cityoflakeport.com, subject to staff’s ability to post the documents before the meeting.

The City of Lakeport, in complying with the Americans with Disabilities Act (ADA), requests individuals who require special accommodations to access, attend and/or participate in the City meeting due to disability, to please contact the City Clerk’s Office, (707) 263-5615, 72 hours prior to the scheduled meeting to ensure reasonable accommodations are provided.
_______________________________________
Hilary Britton, Deputy City Clerk
City Council Minutes of August 20, 2024 Page 2

MINUTES

REGULAR MEETING OF THE LAKEPORT CITY COUNCIL
(ALSO MEETS AS THE CITY OF LAKEPORT MUNICIPAL SEWER DISTRICT, THE

LAKEPORT INDUSTRIAL DEVELOPMENT AUTHORITY, THE MUNICIPAL FINANCING AGENCY OF LAKEPORT and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, August 20, 2024, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Froio called the meeting to order at 6:00 p.m., with Mayor Froio, Council Members Costa, Disney, Mattina, and Parlet present.

II. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Carl Porter.

III. ACCEPTANCE OF AGENDA/ URGENCY
ITEMS:

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to accept agenda as posted.

A. Ordinances: Waive reading except by title, of any ordinances under consideration at this meeting for either introduction or passage per Government Code Section 36934.

B. Minutes: Approve minutes of the City Council regular meeting of August 6, 2024.

C. Application G2024-016: Approve application G2024-016, with staff recommendations, for the Eisenhut Celebration of Life.

D. Application 2024-031: Approve application 2024-031, with staff recommendations, for the 2024 Dia de los Muertos event.

E. Meeting Cancellations: Authorize the cancellation of the regular meetings of October 1, 2024 and November 5, 2024, to participate in the 2024 National Night Out Event and the 2024 Municipal Election Night, respectively.

Vote on the Consent Agenda: A motion was made by Council Member Disney, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to approve the Consent Agenda, items A-E.

V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: Ruby Jones stated that there is a lack of ADA Parking on Main Street, suggesting one space per block on each side of the street; asked about the light currently in the new sidewalk on Main, and a street light at Dollar General.

Kenny Parlet spoke as a resident regarding the misuse of PCR tests used to detect COVID 19 and now being used for other purposes, including falsely detecting avian flu in chickens. He cautioned the Council to be warned in the case of another pandemic.

Elaine Brown spoke about her negative experience with a PCR test. She further provided information on the town of Exeter and provided a guide to the town’s murals.

City Council Minutes of August 20, 2024 Page 3
B. Presentation: Nicole Flora of the Lake County Economic Development Corporation presented the draft Comprehensive Economic Development Strategy (CEDS) plan. Dr. Robert Eyler presented economic data and forecasts for Lake County.

Elaine Brown spoke about economic development ideas.

C. Presentation: Tim Stevens, CEO of Sutter Lakeside Hospital presented a report regarding their efforts in conjunction with Adventist Health, to establish a Lake County Hospital Business Improvement District to improve overall health outcomes in the County.

VI. PUBLIC HEARINGS:

VII. COUNCIL BUSINESS:

A. Police Chief

1. Speed Sign Trailer: Chief Stoebe presented a staff report on the purchase of a message board/speed trailer with grant funding.

A motion was made by Council Member Mattina, seconded by Council Member Parlet, and unanimously carried by voice vote 4-1-0-0, with Mayor Froio opposed, to authorize the City Manager to approve the purchase of a FAST-VSM 5 foot by 3-foot Variable Message Board/Speed trailer from TAPCO, Inc. in the amount of $25,789.83.

VIII. CITY COUNCIL COMMUNICATIONS:

A. Travel, Calendar, and
Miscellaneous Reports, if any:

City Attorney Ruderman had no report.

City Manager Ingram advised that he and the Community Development Department would be attending training next week, and Administrative Services Director Buendia will be Acting City Manager.

Police Chief Stoebe advised he will be out of state the weekend but available by phone.

Public Works Director Ladd had no report.

Community Development Director Hejnowicz had no report.

Administrative Services Director Buendia had no report.

Assistant City Manager Walker had no report.

Utilities Director Harris had no report.

Council Member Parlet advised that APC had secured $43 million for right-of-way land acquisition for the Highway 29 project.

Council Member Costa attended the Lake County Risk Reduction Authority Agency and discussed their mission and projects. She also attended a CBGB stakeholder’s meeting.

Council Member Disney reported that he attended the LMSA mixer at Carnegie and the event was a success.

Council Member Mattina attended the season’s last Concert in the Park and commented on how nice the park looked.

Mayor Froio asked about the slippery boat launch issue and Public Works Director Ladd advised that Public Works will be designing and implementing advisory signs for the boat ramps.

City Council Minutes of August 20, 2024 Page 4
IX. CLOSED SESSION: Mayor Froio adjourned the meeting to Closed Session at 7:43 p.m., to discuss:

1. Conference with Labor Negotiator
(Gov. Code § 54957.6)
Name of Agency Negotiators: Administrative Services Director Buendia and Margaret Long
Employee Organization: Lakeport Employees Association
At the conclusion of the closed session there was no reportable action out of closed session.

ADJOURNMENT: Mayor Froio adjourned the meeting at 8:40 p.m. _______________________________________
Michael Froio, Mayor
Attest:
__________________________
Kelly Buendia, City Clerk
Meeting Date: 09/03/2024 Page 1 Agenda Item #IV.C.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Authority
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Local Emergency Proclamation MEETING DATE: 09/03/2024 SUBMITTED BY: Kevin Ingram, City Manager
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review the need to continue the proclamation declaring a Local State of Emergency due to flooding and extreme weather and provide direction.

BACKGROUND/DISCUSSION:

On February 7, 2024, the Director of Emergency Services for the City of Lakeport declared a local State of Emergency because of severe weather conditions including heavy rain, and extreme wind. In accordance with the Emergency Services Act Section 8630(b), the City Council ratified the declared emergency on February 13, 2024, under Resolution 2940 (2024). Under Lakeport Municipal Code section

2.28.150, the City Council shall review the declaration at least every sixty days or as prescribed by law until the need for continuing the local emergency has ended and shall proclaim the termination of such local emergency at the earliest practicable date that conditions warrant. The City Council subsequently continued the emergency declaration on April 2, 2024, May 21, 2024, and July 2, 2024.

Since a need still exists for the declaration, Council is asked to review and continue the declaration.

Should the need continue, staff will return this item within the next 60 days for City Council review.

OPTIONS:

Approve the need for the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind; or proclaim the termination of the Local State of Emergency
FISCAL IMPACT:

None $ Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ Affected fund(s): General Fund Water OM Fund Sewer OM Fund Other:

Comments:

Meeting Date: 09/03/2024 Page 2 Agenda Item #IV.C.

COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS: Move to approve the continuation of the proclamation declaring a Local State of Emergency due to severe weather conditions including heavy rain, and extreme wind.

Attachments: 1. Resolution No. 2940 (2024)

RE: Alcohol in Xabatin Park
Dale Stoebe <[email protected]>
Tue 8/27/2024 9:50 AM
To:Kelly Buendia <[email protected]>;Kevin Ingram <[email protected]> Cc:Ryan Cooley <[email protected]>;Hilary Britton <[email protected]> Ok, I forward the Permit request to Hilary so that it could be routed through to City Council. I also added Gerry to this email chain as he may be getting these Event Permit requests and needs to know that we currently cannot authorize the consumption of Alcohol in Xabatin Community Park.

Thank you,
Dale D Stoebe
Chief of Police
Lakeport Police Department
CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: Kelly Buendia <[email protected]>
Sent: Monday, August 26, 2024 5:52 PM
To: Kevin Ingram <[email protected]>; Dale Stoebe <[email protected]> Cc: Ryan Cooley <[email protected]>; Hilary Britton <[email protected]> Subject: RE: Alcohol in Xabatin Park
I have asked Hilary to draft something for everyone to review.

Kelly Buendia, CMC
Administrative Services Director/City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x101
[email protected]
From: Kevin Ingram <[email protected]>
Sent: Thursday, August 22, 2024 1:08 PM
To: Kelly Buendia <[email protected]>; Dale Stoebe <[email protected]> Cc: Ryan Cooley <[email protected]>; Hilary Britton <[email protected]> Subject: RE: Alcohol in Xabatin Park
Seems like the best course of action is to align the uses with other City parks. Do we need to put together an ordinance amendment to achieve?
KI
From: Kelly Buendia <[email protected]>
Sent: Tuesday, August 20, 2024 3:03 PM
To: Dale Stoebe <[email protected]>
Cc: Ryan Cooley <[email protected]>; Hilary Britton <[email protected]>; Kevin Ingram <[email protected]>
Subject: RE: Alcohol in Xabatin Park
Chapter 9.08 OFFENSES AGAINST PROPERTY (codepublishing.com) Looks like it is allowed under this section with City Council approval. Looks like the two sections are conflicting and need to be aligned.

Kevin, thoughts on how we want to handle?
Kelly Buendia, CMC
Administrative Services Director/City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x101
[email protected]
From: Kelly Buendia
Sent: Tuesday, August 20, 2024 2:58 PM
To: Dale Stoebe <[email protected]>
Cc: Ryan Cooley <[email protected]>; Hilary Britton <[email protected]>; Kevin Ingram <[email protected]>
Subject: Alcohol in Xabatin Park
Thank you for the call regarding an amphitheater application where alcohol was requested. Per LMC Chapter 9.04.010B, Chapter 9.04 OFFENSES AGAINST PUBLIC PEACE AND DECENCY (codepublishing.com) there is an exemption for alcohol in Library Park and Westside Community Park when a written permit is obtained from the police department. This ordinance will need to be updated if we are going to consider Xabatin Park for alcohol.

Kevin, do you have any idea if Council is going to want alcohol allowed in Xabatin Park? Kelly Buendia, CMC
Administrative Services Director/City Clerk
City of Lakeport
225 Park Street
Lakeport, CA 95453
(707) 263-5615 x101
[email protected]
Meeting Date: 09/03/2024 Page 1 Agenda Item # IV.E.

CITY OF LAKEPORT
City Council
City of Lakeport Municipal Sewer District
Lakeport Redevelopment Successor Agency
Lakeport Industrial Development Agency
Municipal Financing Agency of Lakeport

STAFF REPORT
RE: Resolution Approving Memorandum of Understanding with the Lakeport Employees’ Association
MEETING DATE: 09/03/2024
SUBMITTED BY: Kelly Buendia, Administrative Services Director PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL:

The City Council is being asked to adopt a resolution approving a Memorandum of Understanding (MOU) with the Lakeport Employees’ Association for the period of July 1, 2024 to June 30, 2027.

BACKGROUND/DISCUSSION:

The City of Lakeport’s representatives and representatives of the Lakeport Employees’ Association, made up of non-sworn, non-management employees who work in various city departments, have met and conferred concerning a successor Memorandum of Understanding (MOU) and have agreed on cost of living adjustments totaling 9% over a three-year term. This agreement addresses the challenges posed by recent high inflation, which has increased costs for the city and decreased purchasing power for employees. The city recognizes that it must balance keeping wages competitive while also remaining fiscally responsible in city service delivery. The strikethrough version of the MOU is attached and includes the following:

1. COLA – 4% beginning July 1st 2024, 3% beginning January 1st 2026, 2% beginning July 1, 2026.

2. No Change to the insurance plan, percentage of cost, or stipends

3. Standby Pay –The staff is requesting $50.00 per day during the work week, $75.00 during the weekend and $100 for holidays.

4. Longevity Pay – $1000 at year 10 and $2000 at year 20.

5. Holiday schedule – Add Juneteenth to holiday schedule.

6. If Agreement is signed by September 15, 2024, each LEA employee would receive $1000 retention bonus in the December 13, 2024 paycheck.

Should the City Council approve this item, the Administrative Services Director will bring back an updated Master Salary Schedule for approval at the next regular meeting.

OPTIONS:

1. Adopt the proposed Memorandum of Understanding with the Lakeport Employees’ Association.

2. Direct staff to make modifications or revisions to the proposed MOU.

Meeting Date: 09/03/2024 Page 2 Agenda Item # IV.E.

3. Take no action or take action to approve the proposed MOU.

FISCAL IMPACT FOR COST OF LIVING ADJUSTMENT:

None See Below Budgeted Item? Yes No
Budget Adjustment Needed? Yes No If yes, amount of appropriation increase: $ The estimated cost for the proposed MOU is outlined below. While salary schedule increases will impact payroll and benefit related costs in perpetuity, staff is providing the estimated cost increases for the years included in the contract. There are also one-time costs included in the budget estimates.

The second table provides an estimate of a budget adjustment that will be necessary to cover the cost of the contract for FY2024/25 that was not included in the adopted budget.

Move to adopt a resolution approving a Memorandum of Understanding with the Lakeport Employees’ Association for the period of July 1, 2024 to June 30, 2027.

Attachments: 1. Memorandum of Understanding w/strikethrough

2. Resolution

3. Memorandum of Understanding
Funding Source FY 2024/25 FY 2025/26 FY 2026/27
General Fund $ 52,431.11 $ 47,691.35 $ 81,649.36
Water Fund 38,957.48 38,787.23 66,918.90
Sewer Fund 38,957.48 37,287.23 66,918.90
Successor Agency 1,134.45 1,151.04 2,026.61
Total $ 131,480.53 $124,916.86 $217,513.77
FY 2024/25
Budget
Adjustment
General Fund $ 27,701.22
Water Fund 19,579.43
Sewer Fund 19,579.43
Successor Agency 510.05
Total $ 67,370.13
1 MEMORANDUM OF UNDERSTANDING

BETWEEN
LAKEPORT EMPLOYEES’ ASSOCIATION
AND

CITY OF LAKEPORT
July 1, 2024 to June 30, 2027
July 1, 2021 to June 30, 2024
Adopted 9/21/2021
2 TABLE OF CONTENTS
ARTICLE 1. DEFINITIONS................................................................................................................. 41

1.1 Employer .......................................................................................................................... 41

1.2 Association ....................................................................................................................... 41

1.3 Employee.......................................................................................................................... 41 ARTICLE 2. RECOGNITION .............................................................................................................. 41 ARTICLE 3. HIRING PROVISIONS ..................................................................................................... 52

3.1 Non-Discrimination .......................................................................................................... 52

3.2 Employment..................................................................................................................... 53 ARTICLE 4. CITY RIGHTS.................................................................................................................. 63 ARTICLE 5. EMPLOYEE RIGHTS ....................................................................................................... 64

5.1 Maintenance of Membership............................................................................................ 74 ARTICLE 6. WAGES, HOURS AND WORKING CONDITIONS ............................................................ 74

6.1 Salaries ............................................................................................................................. 74

6.2 Sixth Step.......................................................................................................................... 74

6.3 Clothing Allowance........................................................................................................... 74

6.4 Retirement ....................................................................................................................... 85

6.4.1 Retirement Medical Benefit (Tier 1)......................................................................... 85

6.4.2 Retirement Medical Benefit (Tier 2)....................................................................... 107

6.4.3 Retirement Medical Benefit (Tier 3)..................................................................... 1310

6.5 Work Day/Work Week ................................................................................................. 1411

6.5.1 Work Day............................................................................................................... 1411

6.5.2 Work Week ........................................................................................................... 1411

6.6 Overtime....................................................................................................................... 1512

6.6.1 Daily Overtime ...................................................................................................... 1512

6.6.2 Standby ................................................................................................................. 1512

6.6.3 Call Out Time......................................................................................................... 1512

6.6.4 Furlough ................................................................................................................ 1512

6.7 Compensation for Unused Sick Leave.......................................................................... 1512

6.7.1. Upon termination (except termination for cause), retirement, or death............ 1512

6.7.2. Buy-out of sick leave hours................................................................................... 1512 3 6.7.3. The maximum pay-out.......................................................................................... 1512

6.8 Holidays........................................................................................................................ 1613

6.9 Bereavement Leave...................................................................................................... 1613

6.9.1 An employee shall receive bereavement leave.................................................... 1613

6.9.2 Bereavement leave is not subject to accrual........................................................ 1613

6.9.3 Said bereavement leave is separate ..................................................................... 1613 6 .10 Bi-lingual Proficiency ................................................................................................ 1713

6.11 Insurances................................................................................................................. 1713

6.11.1 Health Insurance................................................................................................... 1713

6.11.2 Dental Insurance................................................................................................... 1815

6.11.3 Vision Insurance.................................................................................................... 1815

6.11.4 Life Insurance........................................................................................................ 1815

6.11.5 Employee Assistance Program (EAP) ........................................................................... 1815

6.12 Merit Increase .............................................................................................................. 1816

6.13 Payday....................................................................................................................... 1916

6.14 Integration/Coordination of Leaves with State Disability Insurance........................... 1916

6.15 Hold Harmless - .............................................................................................................. 1918

6.16 Evaluations - ................................................................................................................. 1918

6.17 Final Stage of Grievance Procedure……………………………………………………………………….……18

6.18 Final Stage of Disciplinary Procedure………………………………………………………………………….18

6.19 Absenteeism……………………………………………………………………………………………………………...18

6.20 Vacation Buy-Out ……………………………………………………………………………………………………………..19 ARTICLE 7. ASSOCIATION BUSINESS........................................................................................... 2019

7.1 Association Business .................................................................................................... 2019 ARTICLE 8. PRIOR MOUS, RESOLUTIONS, ORDINANCES AND PRACTICES ................................. 2019 ARTICLE 9. CONTENT, TERMS AND RECOMMENDATIONS ........................................................ 2119

9.1 Severability................................................................................................................... 2119

9.2 Catastrophic Leave …………………………………………………………………………………………………….19

9.3 Term ............................................................................................................................. 2119 4 MEMORANDUM OF UNDERSTANDING BETWEEN
LAKEPORT EMPLOYEES’ ASSOCIATION
AND

CITY OF LAKEPORT
July 1, 20214 to June 30, 20247
This Memorandum of Understanding is made and entered into in the City of Lakeport, County of Lake, State of California, between the City of Lakeport (hereafter CITY) and representatives of the Lakeport Employees’ Association (hereafter LEA) pursuant to Government Code Section 3500, et seq. In accordance with Employer-Employee Relations Policy of the City of Lakeport, located in the City of Lakeport Personnel Rules, the City Manager, and or designee(s), is the Employee Relations Officer for the City of Lakeport.

The parties acknowledge that they have met and conferred in good faith, have freely exchanged information, opinions, proposals and counter proposals and in all respects fulfilled their obligations under law to meet and confer in good faith.

This Memorandum of Understanding (MOU) is the product of the above-described meeting and conferring process. Representatives of the City agree to present this Memorandum of Understanding to the City Council for determination and representatives of the Lakeport Employees’ Association agree to present this Memorandum of Understanding to their membership for acceptance and approval.

ARTICLE 1. DEFINITIONS

1.1 Employer – the term “City” referred to herein shall be the City of Lakeport.

1.2 Association – the term “Association” referred to herein shall be the Lakeport Employees’ Association.

1.3 Employee – the term “Employee” referred to herein shall be all employees of the City of Lakeport as listed in Article 2 of this MOU.

ARTICLE 2. RECOGNITION
The City hereby recognizes the Association as the sole and exclusive bargaining agent for the classes listed below, for all matters within the scope of representation:

Administrative Analyst
Administrative Specialist I
Administrative Specialist II
Assistant Planner
Associate Planner
5 Engineering Technician I
Engineering Technician II
Equipment Mechanic I & II
Financial Services Specialist I
Financial Services Specialist II
Financial Services Specialist III
GIS/Asset Management Technician
Housing Specialist
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
Office Specialist
Parks Leadworker
Parks Maintenance Foreman
Parks Maintenance Worker I
Parks Maintenance Worker II
Permit Technician
Police Records & Evidence Clerk
Police Records Supervisor
Projects Coordinator
Public Works Foreman
Utilities Underground Supervisor
Utility Operator I
Utility Operator II
Utility Operator III
Utility Operator/Maintenance Worker II
Wastewater Systems Supervisor I and II
Water/Wastewater Treatment Supervisor
Water Operations Supervisor I and II
ARTICLE 3. HIRING PROVISIONS

3.1 Non-Discrimination – No employee covered by this agreement shall be discriminated against by the City, or by the Association, by reason of race, color, religion, age, national origin, ancestry, citizenship, sex, gender, sexual identity, physical or mental disability, medical condition, marital status, sexual orientation or any other basis protected by law.

3.2 Employment – The City shall not discharge or otherwise discriminate against any employee by reason of Association activities not interfering with the proper performance of his/her work.
6 ARTICLE 4. CITY RIGHTS
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services. It is agreed that during the term hereof, the City shall not be required to meet and confer on matters which are solely a function of management including the right to:
a. Determine and modify the organization of City government and its constituent work units. b. Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.
c. Determine the methods, means, and the number and kinds of personnel by which services are to be provided.
d. Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.
e. Direct employees, including scheduling and assigning work, work hours, and overtime. f. Establish employee performance standards and to require compliance therewith. g. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees, subject to the requirements of applicable law.
h. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.
i. Implement rules, regulations, and directives consistent with law and the specific provisions of this MOU.
j. Take all necessary actions to protect the public and carry out its mission in emergencies. k. Determine the content of job classifications and job descriptions. l. Contract out and transfer work out of the bargaining unit.

Decisions under this Article are generally not subject to the grievance procedure located in the City of Lakeport Personnel Rules. To the extent required by law, items “h” and “l” will be the subject of impact bargaining. Item “k” will be subject to meet and confer to the extent management decisions affect wages, hours and working conditions of the unit. The nongrievability of managerial rights does not impair or abrogate the ability to grieve and appeal all other provisions of the MOU and Personnel Rules unless by express prohibition of that article or provision.

ARTICLE 5. EMPLOYEE RIGHTS
Employees of the City shall have the right to form and participate in the activities of the employee organizations of their own choosing for the purpose of representation of all matters of employer- 7 employee relations, including, but not limited to wages, hours, and other terms and conditions of employment. Employees of the City also have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by an employee organization because of his/her exercise of these rights. Remedies granted to individual employees representing themselves will not reduce or eliminate rights, benefits, and compensation for Association members.

5.1 Maintenance of Membership: It is agreed that all Association members will maintain their Association membership in good standing for the duration of the labor agreement as a condition of membership.

ARTICLE 6. WAGES, HOURS AND WORKING CONDITIONS

6.1 Salaries –
A. Effective retroactively to the first pay period after July 1, 2024 (7/6/2024) all salaries shall be increased by 4%
Effective first pay period after ratification (9/18/21 if ratified on 9/21/21) salaries shall be increased as follows:

1. Utility Operator I: 15%

2. Utility Operator II: 11%

3. Utility Operator III: 11%

4. Utility Operator/MWII: 11%

5. Water or WW Operations Supervisor: 5%

6. Maintenance Worker I: 10%

7. Equipment Mechanic II: 9%

8. All other LEA Positions: 3%
B. Effective the first pay period after July 1, 2022, January 1, 2026, all salaries shall be increased 3%.

C. Effective the first pay period after July 1, 2023,July 1, 2026 all salaries shall be increased 3 2%.

D. Salary schedules are attached hereto and incorporated as Exhibit “A.” E. Retention Bonus –Eeach LEA employee employed on the effective date of 9/3/2024 and remaining employed until December 13, 2024, shall receive a one-time $1000 retention bonus in the December 13, 2024 paycheck.

6.2 Sixth Step - After an employee has been at the “E” step of a certain Range for two (2) years, that employee shall be elevated to the “F” step which shall reflect a 5% salary increase.

6.3 Clothing Allowance -
All employees assigned by their department head to wear a uniform shall have such uniform provided by the City. Employees will be distributed upon hire 6 short sleeve t-shirts, 3 long sleeve 8 t-shirts, and 2 sweatshirts to be replaced as needed. A boot allowance of $200 (per fiscal year) will be paid yearly directly by the city to the vendor or paid to the employee as a reimbursement through Accounts Payable. Safety jackets and weather related items such as rain gear and rubber boots will be provided as needed.

6.4 Retirement - The City shall provide retirement benefits under the Public Employees’ Retirement System plan commonly known as 2½% @ 55. City shall also provide highest final year compensation factor (Section 20042) and conversion of unused sick leave to service credit. (MOUs effective 7/1/99 and 7/1/04) IRS provision 414 (h) (2) shall also be implemented to provide for payment of employees share of PERS premium from non-taxed dollars. (MOU effective 7/1/99)
The Public Employees' Pension Reform Act of 2013 (PEPRA) and related Public Employees' Retirement law amendments in Assembly Bill 340 became law on September 12, 2012 and the provisions were effective January 1, 2013.

The City and LEA agree to implement all PEPRA provisions, and all applicable amendments thereto. Effective January 1 ,2013 all employees defined by PEPRA as "new members" shall pay 50% of the total normal cost for the new Miscellaneous PERS pension formula 2% at 62, which is currently 6.25% of reportable compensation, with a three-year final compensation period. "Classic members" (employees hired prior to January 1, 2013) will retain the 2.5%@55 Miscellaneous PERS formula, which is 8% employee contribution with a one-year final compensation period.

The PEPRA defines a "new member" as : a) A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013, and who has no prior membership in any California public retirement system; b) A new hire who is brought into CalPERS membership for the first time on or after January 1, 2013 and who is not eligible for reciprocity with another California public retirement system; c) A member who first established CalPERS membership prior to January 1, 2013, and who is rehired by a different CalPERS employer after a break in service of greater than six months.

6.4.1 Retirement Medical Benefit (Tier 1) To be eligible to continue in the City group medical plans, employees must have ten (10) or more years of continuous service with the City - For regular, full-time employees hired before April 5, 1999, retiring from the City of Lakeport with Service or Industrial Injury Retirement, City agrees to offer and provide/pay the appropriate premium(s) for retiree and eligible dependent(s) medical insurance under the following conditions:

6.4.1.1. To be eligible the retiree and dependent(s) must have been enrolled in the City’s medical plan for a period of one year and/or in accordance with REMIF policy prior to the effective date of retirement and provide annual proof of dependent eligibility
9 6.4.1.2. Retirement as used in this document shall mean separation from city service due to, voluntary retirement, retirement due to the employee’s sustaining an industrial injury or retirement through a reduction in force (layoff) where the employee otherwise meets all requirements for receipt of retiree health benefits under these rules. This addition is not changing the rule that an involuntary termination from city service as a result of discipline precludes the entitlement to any retiree benefits under this section but to further define involuntary separations from service where retiree health benefits may be paid to LEA members.

6.4.1.3. To be eligible the retiree and dependent(s) must elect to continue with such to coverage within thirty (30) days of the eligible employee’s retirement date. Thereafter retiree and dependent(s) are ineligible to participate in the City’s offered program.

6.4.1.4. At the inception of retiree coverage the eligible dependents are only those who prior to the subscriber/employee retirement from city service were covered under the city sponsored health plan. This means that should the retiree remarry, adopt or otherwise acquire new dependents, City shall have no obligation to pay any portion of the health care premiums for such new dependents. The retiree (if they are otherwise eligible to participate in the health plan) may enroll at his or her own cost these new dependents.

6.4.1.5. To continue eligibility retiree and dependent(s) shall enroll in Medicare and/or MediCal or any other welfare benefit program for which eligible as soon as eligible. The City does not pay for Medicare A or B but will continue contribution to the health insurance program offered through City’s primary health insurance plan provided the employee enrolls in relevant public health benefit program described above and for prescription drug coverage enrolls through Blue Cross in Medicare Part D.

This requirement shall also apply to eligible dependent(s).

6.4.1.6. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, certain “qualifying events” allow qualified retiree eligible dependents to continue enrollment in a group health benefit, for a specific limited time.

This is separate from the retiree health care program. Nevertheless, the City will fully comply with the COBRA requirements should a retiree’s dependents become eligible.

6.4.1.7. If the City changes the primary health insurance plan after effective retirement date of eligible retiree, retiree and dependent(s) must change to new plan or lose retiree coverage benefit. (Note: employees represented by Lakeport Safety Officers Association unit have been provided permission to enroll in Operating Engineer’s medical program and 10 retirees from that unit meeting above criteria would be allowed to remain in that program as long as continuing unit represented employees stay in that program. All other current City employees and eligible retirees are enrolled in REMIF administered Blue Cross program.)

6.4.1.8. City contribution toward retiree and dependent(s) premiums shall not exceed the maximum premium that the City contributes for the City sponsored plan for active employees.

6.4.1.9. The benefits provided under this section will continue for such retired employees and their legal dependent(s), if any, while said retired employee is alive. In the event of the retired employee’s death, coverage will continue for the spouse until the spouse dies or remarries. In addition, the benefits provided under this section will continue for said retired or deceased employee’s legal dependent children who qualify as an Internal Revenue Service dependent until such children reach the age of disqualifications as stated in the current health plan contract or the spouse remarries, whichever occurs earliest.

6.4.1.10. Continuous service is defined as consecutive years of regular, full-time employment with the City. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid or unpaid leaves do not constitute separation from City service for the purpose of this section.

6.4.1.11. Any retired employee who, after retirement from City, becomes employed elsewhere and is covered by medical insurance by his/her new employer, said coverage provided by City to the retired employee will be considered secondary to the coverage provided by his/her new employer, his/her new employer’s coverage shall be considered primary.

6.4.1.12. Any spouse of a deceased employee or deceased retired employee who is receiving benefit coverage as provided under this section, becomes employed and is covered by medical benefits by his/her employer, said coverage provided by City will be considered secondary to the coverage provided by the spouse’s employer, and his/her employer’s coverage shall be considered primary.

6.4.2 Retirement Medical Benefit (Tier 2) To be eligible to continue in the City group medical plans, employees must have ten (10) or more years of continuous service with the City - For regular, full-time employees hired after April 5, 1999, but before July 1, 2005, retiring from the City of Lakeport with Service or Industrial Injury Retirement, City agrees to offer and provide/pay 11 towards the appropriate premium(s) for retiree and eligible dependent(s) medical insurance under the following conditions:

6.4.2.1. To be eligible the retiree and dependent(s) must have been enrolled in the City’s medical plan for one year and/or in accordance with REMIF policy prior to the effective date of retirement and provide annual proof of dependent eligibility.

6.4.2.2. Retirement as used in this document shall mean separation from city service due to, voluntary retirement, retirement due to the employee sustaining an industrial injury or retirement through a reduction in force (layoff) where the employee otherwise meets all requirements for receipt of retiree health benefits under these rules. This addition is not changing the rule that an involuntary termination from city service as a result of discipline precludes the entitlement to any retiree benefits under this section but to further define involuntary separations from service where retiree health benefits may be paid to LEA members.

6.4.2.3. To be eligible the retiree and dependent(s) must elect to continue with such coverage within thirty (30) days of the eligible employees retirement date. Thereafter retiree and dependent(s) are ineligible to participate in the City’s offered program.

6.4.2.4. At the inception of retiree coverage the eligible dependents are only those who prior to the subscriber/employee retirement from city service were covered under the city sponsored health plan. This means that should the retiree remarry, adopt or otherwise acquire new dependents, City shall have no obligation to pay any portion of the health care premiums for such new dependents. The retiree (if they are otherwise eligible to participate in the health plan) may enroll at his or her own cost these new dependents

6.4.2.5. City contribution towards retiree and dependent(s) medical coverage benefit for those retiring with Service Retirement is based on the following formula:

Years of Continuous Service % of Cost Covered by City
12 40
15 60
18 80
21 100

6.4.2.6. City contribution towards retiree and dependent(s) medical coverage benefit for those retiring as a result of industrial injury is based on the following formula:
12 Years of Continuous Service % of Cost Covered by City 5 plus 50
10 plus 100

6.4.2.7. To continue eligibility retiree and dependent(s) shall enroll in Medicare and/or MediCal or any other welfare benefit program for which eligible as soon as eligible. The City does not pay for Medicare A or B but will continue contribution to if to the health insurance program offered through City’s primary health insurance plan provided the employee enrolls in relevant public health benefit program described above and for prescription drug coverage enrolls in Medicare Part D. This requirement shall also apply to eligible dependent(s).

6.4.2.8. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, certain “qualifying events” allow qualified retiree eligible dependents to continue enrollment in a group health benefit, for a specific limited time.

This is separate from the retiree health care program. Nevertheless, the City will fully comply with the COBRA requirements should a retiree’s dependents become eligible.

6.4.2.9. If the City changes the primary health insurance plan after effective retirement date of eligible retiree, retiree and dependent(s) must change to new plan or lose retiree coverage benefit. (Note: employees represented by Lakeport Safety Officers Association unit have been provided permission to enroll in Operating Engineers medical program and retirees from that unit meeting above criteria would be allowed to remain in that program as long as continuing unit represented employees stay in that program. All other current City employees and eligible retirees are enrolled in REMIF administered Blue Cross program.)

6.4.2.10. City contribution toward retiree and dependent(s) premiums shall not exceed the maximum premium that the City contributes for the City sponsored plan for active employees.

6.4.2.11. Continuous service is defined as consecutive years of regular, full-time employment with the City. Any separation from City employment will void any previous accrual towards length of continuous service for purposes of this section, unless otherwise waived by the City Manager and due to extenuating circumstances. Layoffs with subsequent restoration and approved City paid or unpaid leaves do not constitute separation from City service for the purpose of this section.

6.4.2.12. Any retired employee who, after retirement from City, becomes employed elsewhere and is covered by medical insurance by his/her new employer, 13 said coverage provided by City to the retired employee will be considered secondary to the coverage provided by his/her new employer, his/her new employer’s coverage shall be considered primary.

6.4.2.13. Any spouse of a deceased employee or deceased retired employee who is receiving benefit coverage as provide under this section, becomes employed and is covered by medical benefits by his/her employer, said coverage provided by City will be considered secondary to the coverage provided by the spouse’s employer, and his/her employer’s coverage shall be considered primary.

6.4.3 Retirement Medical Benefit (Tier 3) To be eligible to continue in the City group medical plans, employees must have ten (10) or more years of continuous service with the City - For employees hired after July 1, 2005, and retiring from the City of Lakeport under Service or Industrial Injury retirement provisions, City agrees to allow enrollment in City group medical plans at retiree’s sole expense. This option shall cease upon death of retiree, though dependent(s) shall be provided COBRA or other legally required notice and benefits if they choose to stay in City group medical plan for the period of such COBRA benefit.

6.4.3.1. To be eligible the retiree and dependent(s) must have been enrolled in the City’s medical plan for one year and/or in accordance with REMIF policy prior to the effective date of retirement and provide annual proof of dependent eligibility

6.4.3.2. Retirement as used in this document shall mean separation from city service due to, voluntary retirement, retirement due to the employee sustaining an industrial injury or retirement through a reduction in force (layoff) where the employee otherwise meets all requirements for receipt of retiree health benefits under these rules. This addition is not changing the rule that an involuntary termination from city service as a result of discipline precludes the entitlement to any retiree benefits under this section but to further define involuntary separations from service where retiree health benefits may be paid to LEA members.

6.4.3.3. To be eligible the retiree and dependent(s) must elect to continue with such coverage within thirty (30) days of the eligible employee’s retirement date. Thereafter retiree and dependent(s) are ineligible to participate in the City’s offered program.

6.4.3.4. At the inception of retiree coverage the eligible dependents are only those who prior to the subscriber/employee retirement from city service were covered under the city sponsored health plan. This means that should the retiree remarry, adopt or otherwise acquire new dependents, City shall have no obligation to pay any portion of the health care premiums for such 14 new dependents. The retiree (if they are otherwise eligible to participate in the health plan) may enroll at his or her own cost these new dependents

6.4.3.5. Under the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1985, certain “qualifying events” allow qualified retiree eligible dependents to continue enrollment in a group health benefit, for a specific limited time.

This is separate from the retiree health care program. Nevertheless, the City will fully comply with the COBRA requirements should a retiree’s dependents become eligible.

6.4.3.6. If the City changes the primary health insurance plan after effective retirement date of eligible retiree, retiree and dependent(s) must change to new plan or lose the ability to participate in City’s group insurance program at their own expense. (Note: employees represented by Lakeport Safety Officers Association unit have been provided permission to enroll in Operating Engineers medical program and retirees from that unit meeting above criteria would be allowed to remain in that program as long as continuing unit represented employees stay in that program.

All other current City employees and eligible retirees are enrolled in REMIF administered Blue Cross program.)

6.4.3.7. Any retired employee who, after retirement from City, becomes employed elsewhere and is covered by medical insurance by his/her new employer, said coverage provided by City to the retired employee will be considered secondary to the coverage provided by his/her new employer, his/her new employer’s coverage shall be considered primary.

6.4.3.8. Any spouse of a deceased employee or deceased retired employee who is receiving benefit coverage as provide under this section, becomes employed and is covered by medical benefits by his/her employer, said coverage provided by City will be considered secondary to the coverage provided by the spouse’s employer, and his/her employer’s coverage shall be considered primary.

No Retiree Medical Benefit will be provided to those employees hired after July 1, 2005, other than described above.

6.5 Work Day/Work Week

6.5.1 Work Day: Work days will be nine (9) or eight (8) hours, depending up on the schedule. The Parks Department shall retain the 5-8 schedule during the summer season.

6.5.2 Work Week: The City agrees that the normal workweek for all represented members of the Association shall be 40 hours. The work-week for employees under the 15 9-80 schedule shall be defined by management. A typical work-week would be from midFriday to mid-Friday.

6.6 Overtime

6.6.1 Daily Overtime - Under the 9-80 schedule, overtime will paid for hours in excess of what was scheduled that day at the rate of one and one half times the regular rate. For example when scheduled to work a nine hour day, overtime would be paid after nine hours. The City Council, City Manager, or Department Head must approve all overtime. (Res. No. 1358 (90))

6.6.2 Standby - One designated person will be on standby duty for water, sewer and Public Works calls. At the discretion of the PW Director for known or anticipated events such as anticipated severe weather, an additional employee may be assigned to standby.

The standby person(s) will carry a paging device during off hours and is expected to be on the scene within 30 minutes of a call. The person(s) on standby duty will receive extra pay in the amount of $35.00 $50.00 per weekday, $65 $75.00 for weekends and $100.00 on holidays, effective the first full pay period following MOU adoption. If there is a call, the standby person would receive a 2 hours minimum overtime credit. The standby employee would be allowed to take a City vehicle home equipped with a radio. (Res. No. 1647 (90))

6.6.3 Call Out Time - City agrees to pay all Public Works and Utilities employees a minimum of two hours show-up time for emergency call out situations. (MOU effective 7/1/85)

6.6.4 Furlough – No furloughs are required of Association Members during the term of this MOU.

6.7 Compensation for Unused Sick Leave

6.7.1. Upon termination (except termination for cause), retirement, or death of an employee, the City shall pay for unused sick leave as follows:

Completed Service Sick Leave Paid Off
5 through 10 years continuous service 10.0%
Start of 11th year through completion of year 15 20.0%
Start of 16th year through completion of year 20 35.0%
Start of year 21 and thereafter 50.0%

6.7.2. Buy-out of sick leave hours is at the employee’s normal rate of pay at the time of separation. If employment is terminated due to death, the sick leave buy-out benefit will be paid as designated in writing by the employee or as otherwise provided by law.

6.7.3. The maximum pay-out of 50% of accumulated unused sick leave at the time of separation of service as defined above remains at a cash value not to exceed 800 hours. (MOU 99-00)
16 6.8 Holidays
Every permanent and every probationary employee shall not be required to be on duty on holidays, unless the employee’s services are needed and required in the interest of the public health, safety or general welfare, in which latter event, any such employee shall be compensated at the normal overtime rate of pay. If a holiday falls on an employee’s regularly scheduled time off, said employee shall be compensated at regular rate of pay or compensatory time off, at the employee’s discretion. (Res. 1178, MOU 86, 92-95)
As of 9/1/2020 9/3/2024 the following holidays are observed: New Year’s Day; Martin Luther King Junior Day; President’s Day; Memorial Day; Juneteenth; Independence Day; Labor Day; Columbus Day; Veteran’s Day; Thanksgiving Day and Day after Thanksgiving; Christmas Eve Day and Christmas Day; and New Year’s Eve.

The LEA will receive any additional holidays that are negotiated by the Unrepresented Management group within the term of this agreement from 7/1/24 to 6/30/27.

6.9 Bereavement Leave

6.9.1 An employee shall receive bereavement leave of five (5) days due to the death of their parent, stepparent, mother‐in‐law, father‐in‐law, spouse, child, stepchild, adopted child, son-in‐law, daughter‐in‐law, grandchild, grandparent, sister, brother, sister‐in‐law, brother‐in‐law, aunt, uncle, niece, nephew, grandfather‐in‐law, grandmother‐in‐law, or the death of any person residing in the immediate household of the employee at the time of death
three (3) days for an in-state incident, or five (5) days for an out-of-state incident, due to the death of his or her parent, stepparent, mother-in-law, father-in-law, spouse, child, stepchild, adopted child, son-in-law, daughter-in-law, grandchild, grandparent, sister, brother, sister-in-law, brother-in-law, aunt, uncle, niece, nephew, grandfather-in-law, grandmother-in-law, or the death of any person residing in the immediate household of the employee at the time of death.

6.9.2 Bereavement leave is not subject to accrual and the leave allowed pursuant to this provision must be used for any single incident of bereavement within seven (7) days of the time the employee first takes bereavement leave for said incident.

6.9.3 Said bereavement leave is separate and shall not be credited against other forms of leave. The employee shall use bereavement leave before he/she makes use of accrued sick time.

6.9.4 The City has the right to request documentation of the death upon a request for bereavement leave. in which case, the employee must provide documentation within 30 days of the first day of leave
17 6.10 Bi-lingual Proficiency
An employee who uses bilingual skills during the regular course of their duties, and on a regular basis, and who passes the required proficiency test(s), is eligible to receive a 2.5 percent bilingual pay premium. The employee’s department head must certify that there is a significant need or benefit, on a regular basis, to having the employee certified in a particular language other than English in order for an employee to qualify for the bilingual pay premium.

6.11 Insurances
City agrees to pay the cost of employee health, dental, vision, life, and disability insurance premiums as follows:

6.11.1 Health Insurance - For the REMIF administered medical insurance plan, the City will contribute seventy-six percent (76%) of the monthly premiums and association members twenty-four percent (24%) of the monthly premiums.

It is agreed that the City paid portion of the premiums will be calculated as a percentage of the premium for the selected plan rounded up or down to the closest dollar. The 76%- 24% premium sharing shall begin in the first month where the City is billed for the new REMIF-sponsored plan health premiums. The 24% of premium cost shall be made by way of payroll deduction from each semi-monthly check as has been the standard past practice.

City agrees to inform LEA of plan changes/discontinuances upon the city’s receipt of the same from REMIF. City agrees to meet and consult (not negotiations/meet and confer) regarding any plan changes/discontinuances made during the term of this MOU.

Health Insurance Opt Out Program
Employees hired after January 1, 2018 are not eligible for Opt Out benefits.

On January 1, 2020, employees hired prior to July 1, 2014, will start receiving the following Opt-Out benefits: $250 monthly for those eligible for single enrollment; $400 monthly for those eligible for double enrollment; and $500 monthly for those eligible for family enrollment. On the payroll period following ratification, these employees will receive 2/3 the difference between what they are receiving on January 1, 2018 and what they will receive on January 1, 2020. On January 1, 2019, these employees will receive 1/3 the difference between what they are receiving on January 1, 2018 and what they will receive on January 1, 2020.

Those employees (couple and family) participating in the Opt Out program prior to January 1, 2018, upon proof of coverage under an alternate medical insurance program an employee choosing to drop medical insurance coverage under the REMIF-sponsored plan will be paid monthly $250 for those eligible for single enrollment; $400 for those eligible for double enrollment; and $500 for those eligible for family enrollment. Single category 18 employees who applied for the Opt Out Program as of 7/1/2014 will be paid an amount equal to 75% of the city’s cost of the single rate effective upon adoption of the MOU.

For employees hired prior to July 1, 2014 and who are participating in the Opt Out program, those employees will receive a one-time step increase the first pay period after ratification. The step increase will not alter the employee’s anniversary date.

Under REMIF rules as of 7/1/2016, married couples may not cover each other under each other’s plan when they both work for the same agency. The city will be enforcing the following: (1) married couples may each enroll in individual coverage or (2) one spouse may enroll in the plan and list the other as a dependent. Regardless of which option, the City will not offer an opt-out stipend, since alternate insurance is not available. This rule only applies to married couples within the REMIF plan.

Should the IRS (or other state or federal agency) adopt rulings or regulations that place the City at great risk of penalty for offering the stipend for opting out of medical insurance, the City reserves the right to delete the Stipend for Opting Out of City Medical Insurance.

6.11.2 Dental Insurance - For the REMIF administered Dental Plan, the City will contribute the entire premium for the duration of this MOU.

The City shall supplement the existing REMIF administered dental plan with orthodontic maximum lifetime benefit of $1,000 per enrollee to the sum of $2,000 per enrollee.

6.11.3 Vision Insurance - For the REMIF administered vision insurance plan, the City will contribute the entire premium for the duration of this MOU.

6.11.4 Life Insurance - For the REMIF administered Life & AD&D Insurance Plan, and the Long Term Disability Insurance Plan currently with, the City will contribute the entire premium for the duration of this MOU.

The Life and AD&D plan currently provides benefits based on one times Basic Annual Earnings, rounded to the next higher $1,000, subject to a maximum of $100,000.

The Long-Term Disability Insurance plan currently provides benefits up to maximum of $6,000 monthly based on two-thirds of salary with an elimination period of 90 calendar days of disability within a 180 calendar day period.

6.11.5 Employee Assistance Program (EAP) - For the REMIF administered Employee Assistance Program; the City will contribute the entire premium for the duration of this MOU.

6.12 Merit Increase
Employees hired after November 14, 2014 are not eligible for a merit increase from step A to step B until the twelve-month anniversary i.e. end of probation. 19 6.13 Payday
The first pay period following ratification of similar language with the other City bargaining units, Employees shall be paid bi-weekly on every other Friday. Payment will reflect the number of hours worked at the employee’s hourly rate. It is the employee’s responsibility to submit their timesheet at the end of each pay period and failure to do so may result in a delay in processing the employee’s pay check.

6.14 Integration/Coordination of Leaves with State Disability Insurance – For leaves qualifying for State Disability Insurance or Paid Family Leave, the City will allow a coordination of leave benefits with SDI for members of the Lakeport Employees’ Association. Coordination of benefits only applies to paid leave that is available in an employee’s sick, vacation, or CTO bank and is subject to rules of SDI.

6.15 Hold Harmless - The Association shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the the withholding of union fees provisions herein. In no event shall the City be required to pay from its own funds, Association dues, service fee or charitable contributions, which the employee was obligated to pay, but failed to pay, regardless of the reason. Union dues and any assessments with be collected by the City through payroll deduction and remitted to the Association.

6.16 Evaluations - Beginning 9-21-2021, as part of the employee’s annual evaluation, a self - evaluation form will be provided to enhance the evaluation process. Participation in or use of the self-evaluation shall be voluntary.
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6.17 Final Stage of Grievance Procedure – An appeal of a grievance not resolved at Step 3 may be submitted as Step 4 to City Manager in writing no later than 14 days after the date of the Department Head’s written reply. The grievant shall present to the City Manager copies of the Step 2 and 3 responses. Within 14 calendar days thereafter, the City Manager will schedule a meeting with the grievant to discuss the matters. After consideration of the facts and an investigation, if necessary, the City Manager shall issue his or her written decision to the grievant.

If the grievant is dissatisfied with the decision of the City Manager, he/she may, within 5 calendar days of the written decision, request that the matter be brought to a neutral mediator for non-binding mediation. The mediator shall be properly trained and parties shall split the cost of the mediation equally.

6.18Final Stage of Disciplinary Procedure - The appeal to the City Manager is the final level of review for any disciplinary matter, and shall constitute the Evidentiary Appeal. If the employee is dissatisfied with the decision of the City Manager, they may as the next and final procedure and within 5 calendar days of the written decision, request that the matter be brought to a neutral mediator for non-binding mediation. The mediator shall be properly trained and parties shall split the cost of the mediation equally.
20 6.19 Absenteeism - An employee may be disciplined, up to and including termination, for excessive absenteeism or tardiness (excused or not) which affects the employee’s ability to perform assigned duties, interferes with the efficient or effective operation of City programs, or establishes a pattern of abuse or neglect. Excessive absenteeism or tardiness is determined by the City Manager and each employee shall be evaluated on a case-by-case basis, subject to applicable law.

6.20. Vacation Buy-Out - Employees shall be entitled to one (1) request during each fiscal year to cash-out payment of their Vacation Leave equal to forty (40) hours in lieu of using it as paid time off if they have a minimum of 150 vacation hours. The decision to cash-out Vacation Leave is at the sole discretion of the City Manager and is not appealable.

6.21. Longevity Award
• Employees who complete ten years of service will receive a longevity award of $1,000. • Employees who complete twenty years of service will receive a longevity award of $2,000.
• Longevity Awards will be paid twice a year, during the first pay period in July and the first pay period in January. Employees who reach their ten- or twenty-year service anniversary within the previous six months will receive the corresponding award at the next scheduled payment.
• After the initial adoption of the MOU on 9/3/2024, employees who have completed twenty years of service will receive a one-time catch-up payment of $3,000. This amount covers both the ten-year and twenty-year service milestones.

ARTICLE 7. ASSOCIATION BUSINESS

7.1 Association Business - City shall allow 1 day (8 hours) of non-accruing leave to a designated member of the Lakeport Employees’ Association for the conduct of association business or attendance at an educational function, with 1 week advance notice by the member and approval by the appropriate department head. (MOU effective 12/1/87) ARTICLE 8. PRIOR MOUS, RESOLUTIONS, ORDINANCES AND PRACTICES All care and diligence was used in the preparation of this comprehensive MOU. With all parties having an opportunity for input and research, it is mutually agreed that this comprehensive MOU will supersede all previous MOUs. It is agreed that all Resolutions and Ordinances in conflict with provisions of this MOU may be repealed by the City Council without further need for meet and confer. If the Association has reason to believe a past practice currently exists that is different or inconsistent with the terms of this MOU they agree to present these practices to management during the fiscal 2024-2025meet and confer session.
21 ARTICLE 9. CONTENT, TERMS AND RECOMMENDATIONS

9.1 Severability – If any article or section of this Memorandum of Understanding should be invalid, unlawful, or unenforceable by reason of any existing or subsequent enacted legislation or by judicial authority, all other articles and sections of this Memorandum shall remain in full force and effect for the duration of this Memorandum. In the event of invalidation of any article or section, the City and the Association agree to meet within thirty (30) days for the purpose of renegotiating said article or section.

9.2 Catastrophic Leave: During the term of this agreement, parties agree to meet and confer regarding the development of a comprehensive Catastrophic Leave Policy.

9.3. Term – The term of this Memorandum of Understanding shall be from July 1, 20214 to June 30, 20247.

Dated: September ______, 20214

CITY OF LAKEPORT LAKEPORT EMPLOYEES ASSOCIATION
_______________________________ ________________________________ Kevin Ingram, City Manager Linda Sobieraj, LEA Representative Approved as to Form:
_______________________________ ________________________________ Margaret Long, City Negotiator Michael Allen, LEA Negotiator RESOLUTION NO. XXXX (2024)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF LAKEPORT AND THE LAKEPORT EMPLOYEES’ ASSOCIATION FOR THE PERIOD JULY 1, 2024 THROUGH JUNE 30, 2027

AND AUTHORIZING ITS EXECUTION
WHEREAS, the City of Lakeport has bargained with the Lakeport Employees’ Association on matters of employment including wages, hours and the terms and conditions of employment for those employees; and
WHEREAS, the terms and conditions contained herein have been negotiated by the City of Lakeport and the Lakeport Employees’ Association and such terms and conditions have been agreed upon by both parties; and
WHEREAS, this Memorandum of Understanding includes all terms and conditions of employment with respect to wages, hours, and working conditions applicable to the City of Lakeport Employees’ Association beginning July 1, 2024 through June 30, 2027; THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeport hereby approves the attached Memorandum of Understanding for the City of Lakeport Employees’ Association for the period July 1, 2024 through June 30, 2027, and authorizes the City Manager to execute this Memorandum of Understanding on behalf of the City.

The foregoing Resolution was passed and adopted at a regular meeting of the City Council on the 3rd day of September, 2024, by the following vote:

AYES:

NOES:

ABSTAINING:

ABSENT:
___________________________________
MICHAEL FROIO, Mayor
ATTEST:
_______________________________
KELLY BUENDIA, City Clerk

Meeting Date: 09/03/2024 Page 1 Agenda Item # V.A.
372596.1

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: Conduct a Public Hearing and Adopt a Resolution Authorizing Adjustments to Solid Waste Utility Rates
MEETING DATE: 9/03/2024
SUBMITTED BY: Nicholas Walker, Assistant City Manager / Finance Director PURPOSE OF REPORT: ☐Information only ☐ Discussion ☐Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The action before the Council is to:
•Conduct a public hearing regarding proposed adjustments to rates for solid waste utility service effective October 1, 2024; and
•Adopt a Resolution (Attachment 1) authorizing the proposed adjustments to rates for solid waste utility service.

BACKGROUND:

The City of Lakeport contracts for the provision of solid waste collection as well as recycling, composting and disposal services, which together comprise a critically necessary health, safety, and environmental utility. The City’s has a Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Waste Collection, Processing, and Disposal Services (Agreement) with Lakeport Disposal Inc. (Lakeport Disposal) for provision of these services which became effective May 19, 2015. The Agreement term is currently set to expire on December 31, 2026.

Section 6.02 of the Agreement established initial rates of compensation payable to Lakeport Disposal for solid waste utility service. Section 6.03 of the Agreement provides for annual adjustments to solid waste utility service rates effective July 1, 2017 and annually thereafter, based on the annual change in the Consumer Price Index for All Urban Consumers in the San Francisco Bay Area (CPI-U) from April to April, as well as other changes in fees and charges imposed by third parties. Section 6.03 of the Agreement also provides those annual adjustments to solid waste utility service rates effective July 1, 2021 and thereafter shall be subject to approval by the City Council after a majority protest hearing as required by article XIII D, section 6(a) of the California Constitution and Government Code section 53750 et seq. The last adjustment to solid waste utility service rates was on July 1, 2021 and was a 2.07% increase over the prior year. No adjustments to solid waste utility service rates were made in 2022 or 2023.

In September 2023, after a competitive procurement process to select a solid waste services and financial consultant, the City awarded a contract to R3 Consulting Group, Inc. (R3) to review and analyze Lakeport Disposal’s financial information, revenue and expense projections to determine whether adjustments to solid waste utility Meeting Date: 09/03/2024 Page 2 Agenda Item # V.A.
372596.1
service rates are necessary to recover revenue to fund the cost of solid waste utility services provided by Lakeport Disposal.

On June 18, 2024, the City Council received a presentation from City staff and R3 regarding proposed adjustments to solid waste utility rates. The City Council unanimously passed Resolution No. 2953(2024) setting a public hearing regarding adjustments to rates for solid waste utility service for September 3, 2024 and directing staff to provide notice of the public hearing as required by law. Notices (Attachment 2) were mailed to all solid waste rate payers on July 17, 2024, informing them of the proposed rate increases and date of the September 3, 2024 public hearing to authorize the rates, as required by Article XIII D § 6 of the California Constitution.

Following the close of the public hearing, if there is no majority protest from ratepayers, staff recommends that Council adopt the subject Resolution (Attachment 1) which establishes the maximum allowable rates for solid waste services effective October 1, 2024.

DISCUSSION:

Recommendation for Adjustment to Solid Waste Utility Service Rates in 2024 R3 conducted a thorough analysis of Lakeport Disposal’s financial information, including audited financial statements for fiscal years (FYs) 2018-19 and 2020-21 and unaudited financial reports for FYs 2021-22 and 2022-

23. Financial information for the current FY 2023-24 was also analyzed. R3’s analysis found that compensation paid to Lakeport Disposal via the solid waste utility service rates effective July 1, 2021 is no longer sufficient to fund the cost of solid waste utility services.

Given the need for solid waste utility service rates to provide funding to cover the cost of providing solid waste services, R3 recommended a 13.52% adjustment to solid waste utility service rates in 2024. This recommended adjustment accounts for the fact that no adjustments to rates were made in 2022 and 2023 and is based on the terms and conditions for annual adjustments to solid waste utility service rates in Section 6.03 of the Agreement.

Had adjustments to solid waste utility service rates occurred in 2022 and 2023 per the CPI-U, the adjustment for 2022 would have been 5.00% and the adjustment for 2023 would have been 4.19%. For 2024, the change in the CPI-U from April 2023 to April 2024 is 3.77%. Taken altogether, the cumulative and compounded change in CPI-U from April 2021 to April 2024 is the recommended adjustment of 13.52%. No adjustments for changes in fees or charges imposed by third parties were identified nor are included in the recommendation. Likewise, there are no retroactive or “catch-up” adjustments included in the recommendation. The table of recommended solid waste rates effective October 1, 2024 is included as Exhibit A to the Resolution.

In accordance with this recommendation, the public hearing notice states that solid waste utility service rates will be adjusted July 1 of 2025 and 2026 in accordance to the April to April change in the CPI-U, which has ranged from 1.11% to 5.00% and averaged 3.4% in the last 10 years.

Meeting Date: 09/03/2024 Page 3 Agenda Item # V.A.
372596.1
Comparison of City’s Solid Waste Utility Service Rates to Other Communities Existing solid waste utility rates in the City are among the lowest of the incorporated cities in Lake and Mendocino Counties, with residential solid waste utility rates in the City being the lowest overall. Table 1 compares the City’s current (2021-22) and proposed (2024-25) residential solid waste utility rates to residential rates for incorporated cities in Lake and Mendocino Counties. All rates shown are monthly service rates.

Table 1 – Comparison of Current and Recommended Residential Solid Waste Utility Rates to Other Incorporated Cities in Lake and Mendocino Counties
Incorporated City 20-gal 32-gal 95-gal
Lakeport Current (2021-22) $ 17.54 $ 25.90 $ 76.18
Clearlake (2024) $ 24.64 $ 29.24 $ 73.14
Ukiah (2024) $ 26.07 $ 29.38 $ 94.47
Lakeport Recommended (2024-25) $ 19.91 $ 29.40 $ 86.48
Fort Bragg (2022) $ 22.01 $ 33.11 $ 99.36
Willits (2024) $ 19.60 $ 34.64 $ 93.93
Point Arena (2023-24) $ 32.13 $ 36.82 $ 85.90
The residential solid waste utility rates shown in Table 1 are sorted by the 32-gallon solid waste utility service rate, which is the most common solid waste service subscription level by customers in the City. As shown in Table 1, the City’s current solid waste utility service rates are the lowest of those surveyed for the 20-gallon and 32-gallon service levels and are second lowest for the 96-gallon service level.

After application of the recommended 13.52% adjustment to the City’s solid waste utility service rates, the City’s rates will be second lowest for the 20-gallon service ($0.31 per month higher than the lowest rate) and third lowest for the 32-gallon service ($0.16 per month higher than the lowest rate). These two service levels combined comprised over 95% of residential solid waste subscriptions in the City, and both will be lower than the average comparable monthly solid waste utility service rate charged in the other cities.

The recommended rate for 95-gallon customers will also be third lowest ($13.34 per month higher than the lowest rate) and below the average comparable monthly solid waste utility service rate charged in the other cities.

Commercial solid waste utility service rates in the City are likewise recommended for 13.52% adjustment and will generally be within the range of the average comparable rates, depending on the level of service received.

FINANCIAL CONSIDERATIONS:

The Agreement provides for a Franchise Fee (10% of gross revenues) and an Administration/Billing Fee (4%) which together recover the City’s costs of providing solid waste-related services, including billing and collections service, management and administration of the solid waste collection utility, as well as charges for the reasonable value of the use of City property for the provision of solid waste services and to recover the costs of addressing the specific impacts of refuse vehicles on City streets and rights of-way.

R3 completed an analysis of the Franchise Fee and Administrative/Billing Fee due to a recent decision by the California State Supreme Court in Zolly v. City of Oakland, which ruled that franchise fees may be subject to Article XIII C of the California Constitution (“Proposition 26”). Under Proposition 26, all charges imposed by public agencies must fit within one of its enumerated exceptions, or they will be considered taxes, which require voter approval. In the context of solid waste, fees generally fit within one of Proposition 26’s exceptions if they are Meeting Date: 09/03/2024 Page 4 Agenda Item # V.A.
372596.1
charges for (1) City services that do not exceed the City’s costs to provide the services; (2) the use of public property; or (3) a special benefit or privilege granted directly to the payor.

R3’s study report (Attachment 3) concluded that the City’s current and projected Franchise Fee and Administration/Billing Fee revenues do not exceed the City’s cost of providing solid waste-related services together with the reasonable charges that the City could impose for the use of City property for solid waste services. At the recommended adjustments to solid waste utility service rates, the City may anticipate increases in combined Franchise Fee and Administration/Billing Fee revenues on the order of $42,000 in FY 2024-25.

LEGAL CONSIDERATIONS:

R3 conducted a detailed analysis of Lakeport Disposal’s financial information, revenue and expense projections, and the recommended adjustments to solid waste utility rates. R3 found that the recommended adjustments to solid waste utility rates recover revenue to support provision of solid waste utility services within the parameters set by relevant law, including article XIII D, section 6 of the California Constitution (“Proposition 218”).

In November 1996, California voters approved Proposition 218, which amended the state Constitution and imposed new substantive and procedural requirements for imposing or increasing propertyrelated fees and charges. Under these requirements, water, sewer, and solid waste service fees or charges may only be increased if a majority of rate payers do not protest the increase.

The City mailed a written notice (Attachment 2) of the proposed increases and will hold a public hearing on the proposed increase not less than 45 days after mailing the notice. At the public hearing, all protests against the proposed fees or charges are tabulated, and if the number of protests from rate payers equals or exceeds 50 percent plus one, the fees or charges cannot be imposed. If there is not a majority protest, the Council can authorize the proposed rates solid waste utility services effective October 1, 2024 as shown in Exhibit A to the Resolution (Attachment 1).

OPTIONS:

1. Hold a public hearing and adopt the resolution authorizing the proposed adjustments to rates for solid waste utility service.

2. Hold a public hearing and do not adopt the resolution authorizing the proposed adjustments to rates for solid waste utility service.

FISCAL IMPACT:
☐ None ☒ $42,000 Budgeted Item? ☐Yes ☒ No
Budget Adjustment Needed? ☐Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s): ☒ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

Comments: Increased solid waste utility rates will provide for an increase in franchise fee and administration/ billing fees to the City. However, it is difficult to quantify how the increased cost can impact the City’s customers and the local economy.

Meeting Date: 09/03/2024 Page 5 Agenda Item # V.A.
372596.1
COUNCIL PRIORITIES:
☐ Priority #1: Public Safety & Crisis Response
☐ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

Move to adopt the authorizing the proposed adjustments to rates for solid waste utility service. ☒ Attachments: 1. Resolution and Exhibit A: Proposed FY 2024-25 Solid Waste Utility Rates

2. Notice of Rate Hearing Mailed to Customers

3. R3 Report of Franchise Fee Study
372628.1
RESOLUTION NO. XXXX (2024)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LAKEPORT AUTHORIZING ADJUSTMENTS TO RATES FOR SOLID
WASTE UTILITY SERVICE EFFECTIVE OCTOBER 1, 2024
WHEREAS, the City provides solid waste utility service through a Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Waste Collection, Processing, and Disposal Services (Agreement) with Lakeport Disposal Inc. (Lakeport Disposal) dated May 19, 2015; and WHEREAS, Section 6.02 of the Agreement established initial rates of compensation payable to Lakeport Disposal for solid waste utility service; and
WHEREAS, Section 6.03 of the Agreement provides for annual adjustments to solid waste utility service rates effective July 1, 2017 and annually thereafter, based on the annual change in the Consumer Price Index for All Urban Consumers in the San Francisco Bay Area (CPI-U) from April to April, as well as other changes in fees and charges imposed by third parties; and WHEREAS, Section 6.03 of the Agreement also provides that annual adjustments to solid waste utility service rates effective July 1, 2021 and thereafter shall be subject to approval by the City Council after a majority protest hearing as required by article XIII D, section 6(a) of the California Constitution and Government Code section 53750 et seq.; and WHEREAS, solid waste utility service rates were last adjusted July 1, 2021, and no adjustments to solid waste utility service rates were made in 2022 or 2023; and WHEREAS, in September 2023, after a competitive procurement process to select a solid waste services financial consultant, the City engaged R3 Consulting Group, Inc. (R3), to review and analyze Lakeport Disposal’s financial information, revenue and expense projections to determine whether adjustments to solid waste utility service rates were necessary to recover revenue to fund the cost of solid waste utility services provided by Lakeport Disposal; and WHEREAS, through analysis of Lakeport Disposal’s financial information, R3 found that compensation paid to Lakeport Disposal via the solid waste utility service rates effective July 1, 2021 is no longer sufficient to fund the cost of solid waste utility services; and WHEREAS, as of July 1, 2024, it is three years since the last adjustment to solid waste utility service rates; and
WHEREAS, had solid waste utility service rates been adjusted based on the April to April change in CPI-U per the Agreement, the adjustments would have been 5.00% for 2022 and 4.19% for 2023; and
372628.1
WHEREAS, the April 2023 to April 2024 change in CPI-U was 3.77%; and WHEREAS, the cumulative and compounded change in the CPI-U from April 2021 to April 2024 is 13.52%; and
WHEREAS, R3’s analysis found that a 13.52% adjustment to solid waste utility service rates effective in 2024 would recover revenue to support solid waste utility service within the parameters set by relevant law, including article XIII D, section 6 of the California Constitution; and WHEREAS, on June 18, 2024, the City Council passed Resolution No. 2953(2024) setting a Public Hearing for the solid waste utility rates in accord with article XIII D, section 6(a) of the California Constitution on September 3, 2024; and
WHEREAS, the City’s local procedures to conduct such a hearing are set forth in Resolution No. 2819(2021); and.

WHEREAS, on July 17, 2024, the City timely mailed notices of the public hearing to solid waste utility service rate payers that detailed proposed rate adjustments in accordance with article XIII D, section 6(a) of the California Constitution; and
WHEREAS, on September 3, 2024, the City held a public hearing on the proposed adjustments to rates for solid waste utility services, and there was no majority protest.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeport as follows:

1. The above recitals are true and correct and are incorporated by this reference.

2. In accordance with Article XIIID § 6(b) of the California Constitution and as set forth in the accompanying staff report, incorporated herein by reference:
a. The revenues derived from solid waste utility rates do not exceed the funds required to provide solid waste utility services.
b. The revenues derived from solid waste utility rates will not be used for any purpose other than solid waste programs.
c. The solid waste utility rates charged to each customer class will not exceed the proportionate cost of solid waste programs provided to it. d. The solid waste service at issue is actually used by, or immediately available to, all ratepayers.
e. The solid waste utility rates are not charged for general governmental services.

7. Notice of the proposed solid waste utility service rates effective October 1, 2024 was mailed on July 17, 2024, more than 45 days prior to the public hearing on this matter, in compliance with Proposition 218.

8. A public hearing was conducted on September 3, 2024, regarding the proposed rates to be charged, and all protests and other comments were considered.

9. The number of written protests by ratepayers within the City against the proposed rates were tabulated by City staff at the hearing and did not constitute a majority protest.

10. Following the public hearing, the City Council authorized the proposed solid waste utility service rates as set forth in Exhibit A, incorporated here by reference.

11. That the adjusted monthly rates for solid waste utility service be effective October 1, 2024 and with adjustments per the Consumer Price Index (CPI) on July 1, 2025 and July 1, 2026. 372628.1
THIS RESOLUTION was passed by the City Council of the City of Lakeport at a regular meeting thereof on the 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSTAINING:

ABSENT:
_________________________________
MICHEAL FROIO, Mayor
ATTEST:
_______________________________
KELLY BUENDIA, City Clerk
Lakeport Disposal
2024 Solid Waste Utility Rates

RESIDENTIAL
2024 Rate Adjustment
to 2021 Rate

COMMERCIAL
2024 Rate Adjustment
to 2021 Rate
Regular billed service Regular billed service
Initial Rate Initial Rate
20 Gallon 19.91 $ 2.37 $ 20 Gallon (not offered for this class) - $ - $ 32 Gallon 29.40 3.50 32 Gallon 28.95 3.45
95 Gallon 86.48 10.30 95 Gallon 86.81 10.34
Additional green waste 12.50 1.49 Additional green waste 14.91 1.78 Cardboard rental bin 76.22 9.08
Regular/Long-term bin rentals Boxes Regular/Long-term bin rentals Boxes Box rental, 14 or 16 yards 216.98 25.84 Box rental, 14 or 16 yards 216.98 25.84 Charge per dump 509.91 60.73 Charge per dump 509.91 60.73 Wood box rental, 14 or 16 yards 216.98 25.84 Wood box rental, 14 or 16 yards 216.98 25.84 per ton when dumped 40.54 4.83 per ton when dumped 40.54 4.83 Bins: Bins:
1 yard bin 1 yard bin
1 x week 203.95 24.29 1 x week 203.95 24.29
2 x week 398.38 47.45 2 x week 398.38 47.45
3 x week 592.81 70.60 3 x week 592.81 70.60
2 yard bin 2 yard bin
1 x week 402.58 47.95 1 x week 402.58 47.95
2 x week 791.44 94.26 2 x week 791.44 94.26
3 x week 1,180.28 140.57 3 x week 1,180.28 140.57

2.5 yard bin 2.5 yard bin
1 x week 501.70 59.75 1 x week 501.70 59.75
2 x week 987.78 117.64 2 x week 987.78 117.64
3 x week 1,473.90 175.54 3 x week 1,473.90 175.54
Overfill per each estimated 1/2 yard 101.98 12.15 Overfill per each estimated 1/2 yard 101.98 12.15 City of Lakeport
Solid Waste Collection Customers
Public Hearing September 3, 2024, 6:00 PMCity Council Chambers225 Park StreetLakeport, CA 95453Protests to proposed rates must be submitted in writing. See inside for information about how to submit written protest.For questions or more information, please contact: 707-263-5615 or [email protected] City of Lakeport
225 Park Street Lakeport, CA 95453
Recipient Name
Address
City, ST ZIP Code

PUBLIC NOTICE
Proposed
Solid Waste
Utility Service
Rates
& Public
Hearing
3 No Adjustments to Solid Waste
Utility Service Rates Have
Been Made Since 2021
3 Current Solid Waste Utility
Rates Fall Short of Cost to
Provide Service
3 Recommended Adjustments to
Solid Waste Utility Service
Rates Per Change in
Consumer Price Index

NOTICE OF PROPOSED SOLID WASTE SERVICE RATES AND PUBLIC HEARING *************AUTO**ALL FOR AADC 92011
RONDO 1031 LLC
PO BOX 2207
CARLSBAD, CA 92018Ͳ2207

DTFFFTAFDDTTADDDADDAATATTFTAAATTADDFTDFFAATFDDTFFDATFTDDTTDDDAFAF First Class Presort
U.S. Postage
PAID
San Diego, CA
Permit No. 2686
Why Am I Receiving This Notice?
This notice is being furnished to you as a solid waste services customer in the City of Lakeport, regarding proposed new monthly rates for solid waste services. This serves as notice that the Lakeport City Council will conduct a Public Hearing at the time, date, and location enclosed to consider recommended solid waste service rates. All those interested are invited to appear at the time and place of the Public Hearing enclosed to give oral or written testimony or to submit written protests regarding the proposed rates. The City Council will hear and consider written materials submitted regarding proposed rates at the Public Hearing. The City Council has the authority to adjust the proposed rate changes in response to oral testimony and written materials submitted for consideration, provided that any adjustments cannot increase rates beyond those listed in this Notice. Why Are New Solid Waste Utility Service Rates Needed? The City of Lakeport contracts with Lakeport Disposal Company for solid waste (garbage, recycling, organics and other) services provided to residents, businesses, and the City. Rates for solid waste utility services were last adjusted on July 1, 2021. No adjustments to solid waste utility service rates were made in 2022 or 2023. In September 2023, the City commissioned a thorough review and analysis of Lakeport Disposal’s financial information including revenues and expenses. The review found that the current 2021 solid waste utility rates are no longer sufficient to fund the cost of providing solid waste utility services. Current solid waste service rates are among the lowest in Lake and Mendocino Counties. Proposed new solid waste service rates will remain below the average of other incorporated cities in Lake and Mendocino Counties for low waste generating residents and businesses.

Current Solid Waste Utility Rates
Fall Short of Cost to Provide
Service
3 Solid waste utility service rates have remained
flat since 2021, with no change in 2022 & 2023.
3 Revenues from solid waste utility service rates
no longer cover the cost of providing services.
3 Proposed adjustments to solid waste service
rates are based on the change Consumer Price Index (CPI) from 2021 to 2024.

New Monthly Residential Solid Waste Utility Service Rates Can
Size
Current Rates
(effective 7/1/2021
Proposed Rates
(effective 10/1/2024)
Monthly
Change
20-Gal $ 17.54 $ 19.91 $ 2.3732-Gal $ 25.90 $ 29.40 $ 3.5095-Gal $ 76.18 $ 86.48 $ 10.30 The full list of current and proposed solid waste utility service rates can be found online at: https://www.cityoflakeport.com/finance_it_and_utility_accounts_and_billing/water,_sewer_and_solid_waste_rates.phpMaximum Annual Adjustments in 2025 and 2026 Solid waste utility service rates will be adjusted on July 1, 2025, and July 1, 2026 based on the terms and conditions of the City’s Franchise Agreement for Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Waste Collection, Processing, and Disposal Services with Lakeport Disposal. The Agreement allows for annual adjustments to solid waste utility service rates based on the percentage change in the Consumer Price Index for All Urban Consumers in the San Francisco Bay Area (CPI-U) from April to April. Over the last 10 years, this change in the CPI-U has ranged from 1.11% to 5.00% and has averaged 3.4% per year.

How Do I Protest The Proposed Solid Waste Service Rates? You have the right to protest the proposed solid waste service rates. The protest must be in writing, and it must be submitted by either the property owner or a current ratepaying tenant. It must include the property service address and/or the assessor’s parcel number, the eligible individual’s name (property owner or tenant), a statement to the effect of “I protest the proposed solid waste service rates,” and an original signature. Written protests may only be submitted by mail or in-person to the City of Lakeport’s City Clerk at the City Clerk’s Office, 225 Park Street Lakeport, CA 95453, or during the Public Hearing on Tuesday, September 3, 2024. All protests must be received by the City Clerk before the conclusion of the Public Hearing. The Clerk will not accept or consider any protest received after the conclusion of the Public Hearing.Only one written protest per affected property will be counted. Telephone, e-mail, and fax protests will not be accepted.At the Public Hearing on September 3, 2024, the City Council will accept and consider all written protests and hear all oral comments on the proposed solid waste service rate changes. Oral comments will not be counted as protests unless accompanied by a written protest as outlined within this notice.

Solid waste utility service rates are billed by the City as part of your Utility Bill. ՜ Pay by phone: 1-833-208-7229 ՜ Pay by mail:

City of Lakeport – LOCKBOX PO BOX 1270 Suisun City, CA 94585 1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com June 12, 2024
Mr. Nicholas Walker
Assistant City Manager / Finance Director
City of Lakeport
submitted via email: [email protected]
SUBJECT: Solid Waste Franchise Fee Study – R3 Report
Dear Mr. Walker,
R3 Consulting Group, Inc. (R3) is pleased to submit the attached report of Solid Waste Franchise Fee Study (Study) to the City of Lakeport (City). This report presents our analytical methodology, results and findings, and recommendations regarding the solid waste Franchise Fee and Administration Fee paid by the City’s contracted solid waste collection service provider, Lakeport Disposal Inc. (Contractor), per the Franchise Agreement for Solid Waste, Recyclable Materials, and Yard Waste Collection, Processing, and Disposal Services (Agreement) between the City and the Contractor.

The purpose of this Study was to comprehensively analyze and calculate the following:

City’s Costs: The annual costs to the City for performing its billings and collections, management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractor’s Agreement and the sanitation system.

Property Use Charges: The annual use charge to the Contractor for its special and lasting access to use government property in the public right-of-way for placement of solid waste containers and collection of the solid waste contents.

Pavement Impacts: The annualized costs for pavement repair, maintenance, and rehabilitation resulting from the unique impacts to City street pavement caused by the Contractor’s solid waste collection vehicles during the course of providing sanitation service.

We then compared the calculated values to the annual Franchise Fee and Administration Fee paid by the Contractor to the City per the Agreement. We found that the City’s current and projected Franchise Fee and Administration Fee revenues are less than the sum of the City’s Costs, Property Use Charges, and Pavement Impacts calculated in this Study. Based on these results, we conclude that the City’s combined Franchise Fee and Administration Fee is not more than necessary to cover the City’s reasonable costs in billing and collection of solid waste utility rates, managing and administering the Agreement and the sanitation system plus the reasonable value of the Contractor’s use of the public right-of-way. In a few instances where we did not receive certain variables, we estimated based on our experience elsewhere.

We appreciate the opportunity to be of service to the City. If you have any questions regarding this report or need additional information, please contact me.

Sincerely,

Garth Schultz | Principal
R3 Consulting Group, Inc.
510.292.0853 | [email protected]

TABLE OF CONTENTS
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report toc - i

1. Executive Summary
page 1

2. Methodology & Calculations
page 4

3. Findings & Conclusions
page 17

4. Recommendations
page 18

1. EXECUTIVE SUMMARY
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 1 of 18 Background
The City’s Agreement with the Contractor is for the collection, processing, and disposal of solid waste from Contractor’s solid waste service subscribers in the City. The Agreement provides the Contractor with the exclusive right to provide critical aspects of the City’s sanitation system, including solid waste collection and the other services and programs included in the Agreement. The Agreement specifies that the City will charge solid waste service subscribers, with the City billing and collecting revenues from subscribers and the City authorizing the maximum rates that may be charged pursuant to the rate adjustment methodology included in the Agreement.

Per the Agreement, the Contractor is to pay the City a Franchise Fee and an Administration Fee to cover the costs incurred by the City in billing and collecting solid waste utility rates and managing, administering, enforcing, and supplementing the services provided in the Agreement, as well as the charge for the use of the public right-of-way for the special and lasting access to use it for set-out and collection of solid waste containers. Payment of Fees is effectuated through the City’s process for payment of compensation to the Contractor, wherein the City remits to the Contractor the amounts collected from solid waste utility ratepayers, less the Franchise Fee and Administration Fee amounts, which are currently set at 10% and 4% of gross ratepayer revenues, respectively.

Purpose
The purpose of this Study is to identify the amounts that may be reasonably recovered through the Franchise Fee and Administration Fee paid by the Contractor to the City are exempt from consideration as taxes. In terms of the applicable legal framework, this analysis seeks to quantify whether amounts that may be reasonably recovered through the Franchise Fee and Administration Fee paid by the Contractor to the City fall within an exemption to the definition of a tax per Article XIII C, Section 1(e) of the California Constitution (“Proposition 26”).

There are three primary exceptions to the Proposition 26 definition of tax that are relevant:

Exception 1: “A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.” Exception 2: “A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.” Exception 3: “A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.” Exception 4: “A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property.” The Franchise Fee is a fee with three components. The first component includes the City’s proportionate costs (City’s Costs) and is a legal fee per Exceptions 1, 2 and 3. The second component includes the proportionate charges for the Contractor’s use of the public right-of-way (Property Use Charges) and is a legal fee per Exception 4. The third component includes the City’s proportionate costs associated with pavement impacts (Pavement Impacts) and is a legal fee per Exception 1. The Administration Fee includes the City’s proportionate costs for its direction provision of billing and collection services for the solid waste utility and is a legal fee per Exception 2. For the purposes of this Study, the City’s Costs component of the Franchise Fee are combined with the Administration Fee, which is appropriate given that there is overlap in these categories.

Executive Summary
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 2 of 18 Methodology and Findings
To complete this Study, R3 reviewed and analyzed information provided by the City and the Contractor pertaining to the City’s Costs, Property Use Charges, and Pavement Impacts. Using that information, we then calculated the proportionate amounts necessary to cover the City’s costs, including staffing and other costs; use of government property in the public right-of-way; and pavement repair, maintenance, and rehabilitation costs caused by the Contractor’s solid waste collection vehicles during the course of providing sanitation service. All calculated amounts in this Study are in current Fiscal Year (FY) 2023-24 dollars unless otherwise specified.

City’s Costs
The annual costs for utility billing, collection, management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractor’s Agreement and the sanitation system includes: staffing salary and benefits, contracted services, capital and equipment depreciation, operations and maintenance, supplies, and overhead for distributed costs including but not limited to property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions.

Staffing costs are calculated based on estimated time allocations (based on historical experience and the assessment of current City employees) and other costs are calculated based on estimated share allocations associated with the sanitation system, with distributed overhead applied to both.

The calculation results are $112,403 in staffing costs for annual proportionate City’s Costs totaling $112,403.

Property Use Charges
The annual charge to the Contractor for use of government property in the public right-of-way is calculated as a function of estimates for the number of solid waste accounts setting out solid waste collection containers in the right-of-way, the set-out area used, the amount of time it is used, and the market value for the per square foot use of the public right-of-way.

The calculation result for the use of the public right-of-way is a proportionate annual total Property Use Charge of $38,000.

Pavement Impacts
The annualized costs for pavement repair, maintenance, and rehabilitation is calculated based on the proportionate impact to pavement from solid waste collection vehicles compared to other sources of impacts. This calculation accounts for annual repair costs, five-year projections for capital improvement costs, and five-year projections for growth in deferred maintenance. The calculation also accounts for the high loading and slow speed impacts on pavement associated with solid waste collection vehicles.

The calculation result for the proportionate Pavement Impacts caused by Contractor’s solid waste collection vehicles during the course of providing sanitation service is an annualized total repair, maintenance, and rehabilitation cost of $216,775.

Conclusions
Franchise Fee & Administration Fee
The FY 2022-23 Franchise Fee was $237,951, the projection for FY 2023-24 is $255,000, and the projection for FY 2024-25 is $289,476. The FY 2022-23 Administration Fee was $59,881, the projection for FY 2023-24 is $55,000, and the projection for FY 2024-25 is $62,436. Taken altogether, the combined Franchise and Administration Fee in FY 2022-23 was $297,831 and is projected to be $310,000 in FY 2023-24 and $351,912 in FY 2024-25.

Executive Summary
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 3 of 18 The sum of FY 2023-24 annual City’s Costs, Property Use Charges, and Pavement Impacts calculated in this Study is $367,178, which is $57,178 (18%) higher than the projected combined FY 2023-24 Franchise Fee and Administration Fee and $15,266 (4%) higher than the projected combined FY 2024-25 Franchise Fee and Administration Fee.

The amounts of the Franchise Fee and Administration Fee are therefore not more than necessary to cover the City’s costs incurred in billing and collecting solid waste utility rates, managing and administering the Agreement and the sanitation system plus the value of the Contractor’s use of the public right-of-way.

Reasonableness of Estimates and Assumptions
In performing calculations, it was necessary to estimate certain values for which reasonable ranges exist.

Where assumptions were necessary for completing calculations, our objective was to apply assumptions on the lower end of the reasonable range.

Had we used other higher assumptions, the results of this Study would have been higher calculated amounts of City’s Costs, Property Use Charges, and Pavement Impacts. Therefore, we conclude that the calculated fee amounts are not higher than necessary to cover the City’s reasonable costs plus the reasonable value of the Contractor’s use of the public right-of-way.

Limitations
This Study relies on information provided by the City and the Contractor, which we have reviewed and analyzed for reasonableness and accuracy but did not independently audit or verify.

As stated above, it was necessary to estimate certain values for which reasonable ranges are known to exist. Though changes to estimates and other underlying assumptions may materially change the calculations, we have elected to apply estimates on the low end of reasonable ranges, thus minimizing the potential that changes in calculations would result in different ultimate findings. We have reviewed estimates and assumptions with City staff and legal counsel and have mutual concurrence on applicability and reasonableness of all such values in this Study.

Finally, the methodology employed by this Study calculates the reasonable values for the Franchise Fee and Administration Fee within the context of current laws, regulations, and court rulings. Changes in the legal framework may require revisions to the methodology and findings contained in this Study.

2. METHODOLOGY & CALCULATIONS
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 4 of 18 City’s Costs
Methodology
R3 reviewed and analyzed information provided by the City pertaining to the General Fund costs incurred for billing and collection, management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractor’s Agreement and the sanitation system.

These costs include and may not be limited to:

Staffing costs, including salaries and benefits.

Contracted services.

Capital and equipment depreciation.

Capital and equipment operations and maintenance.

Supplies and materials.

Overhead for distributed costs such as property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions.

Using the total annual salary, benefits, and other cost information provided by the City, we estimated the proportion of costs associated with management and administration of the agreement and the sanitation system. We then calculated the proportionate totals and categorized them by the functions listed in the sections below.

Variables, Estimates and Assumptions
Staffing Costs
Variables associated with salaries and benefits include the allocation of time that positions are dedicated to management and administration of the Agreement and the sanitation system (including time supervising others with primary responsibility for these duties), the amount by which funding of salaries and benefits is paid by the General Fund, and the applicable amount of General Fund overhead. The estimated time allocation by position category used in this Study (and based on historical experience) is shown in Table 1, below and on the following page, along with the explanation for the allocation values and the percentage of time that each position is funded by the General Fund. Attachment 1 further details the summarized information in Tables 1 and 2 in the following pages.

Table 1: Allocations of Staffing Time by Position
Positions Time
Allocation Explanation
City Manager (60% General Fund)
and City Attorney (40% General
Fund).
5% Estimated indirect time allocation for management
and administration of the City’s sanitation utility.

Public Works Director (60%
General Fund), Finance Director
(40% General Fund), Government
Accountant (40% General Fund)
10%
Estimated time allocation for management and
administration of the Agreement with Contractor,
provision of solid waste utility billing and collection services, and public sanitation services including litter removal, illegal dumping abatement, catch basin
waste removal and other activities associated with the
sanitation utility.

Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 5 of 18 Positions Time
Allocation Explanation
Maintenance Worker I (3 total 60%
General Fund)) and Parks
Maintenance Worker 1 (3 total
100% General Fund)
20%
Estimated time allocation for public works and parks
sanitation services including litter removal, illegal
dumping abatement, catch basin waste removal and
other activities associated with the sanitation utility.

Finance Services Specialist II
(60% General Fund) 50% Estimated time allocation for solid waste utility service billing and collection services.

R3 verified with City staff that the salaries and benefits included in this Study are paid by the General Fund – any non-General Fund portions of positions included in Table 1 have been excluded from the calculations. A General Fund overhead rate of 10% (estimated by R3 as a minimum for the for distributed costs such as property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions) is also applied to the total allocated costs.

Analysis
Direct Management and Administration
This category includes City staffing costs for direct management and administration of the Agreement and the sanitation system, which also includes solid waste utility billing and collection services paid by the Administration Fee. The Study calculated $45,490 in annual staffing costs, for total calculated costs in this category of $45,490.

Indirect Management and Administration
This category includes City staffing costs for indirect management and administration, including supervision of those responsible for direct management and administration of the Agreement and the sanitation system and associated responsibilities. The Study calculated $8,315 in annual staffing costs, for total calculated costs in this category of $8,315.

Illegal Dumping and Other Solid Waste Clean-up
The City’s Public Works maintenance crews clean up solid waste materials that are illegally dumped throughout the City, which may include litter, debris in catch basins, street sweeping, and other solid waste collection and clean-up activities. The Study calculated $58,598 in annual staffing costs, for total calculated costs in this category of $58,598.

Annual Total of City’s Costs
Table 2, on the following page, shows the total of the City’s Costs for management and administration of the Agreement and the sanitation system as calculated in this Study, by category.

Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 6 of 18 Table 2: City’s Annual Costs by Category and in Total
Category Staffing Costs
Direct Management and
Administration $45,490
Indirect Management and
Administration $8,315
Illegal Dumping and Other
Solid Waste Clean-up $58,598
Total Annual City’s Costs $112,403
Property Use Charges
Methodology
R3 reviewed and analyzed information provided by the City and the Contractor pertaining to Property Use Charges for Contractor’s use of the public right-of-way for collection of solid waste collection containers.

They then calculated the annual Property Use Charges based on:

The setout area used for collection of solid waste containers (in square feet).

The amount of time that the area is used.

The market value for use of the public right-of-way (in dollars per square foot).

The number of solid waste subscribers setting out collection containers in the public right-ofway.

Using these values, we calculated the market value for the Contractor’s use of government property in the City.

Variables, Estimates, and Assumptions
Setout Area
Standard residential solid waste collection setouts include three solid waste collection containers, usually carts with wheels and lids, with one each for garbage, recycling, and organics waste streams. The setout area needed for placement of these containers is inclusive of the width of each container (typically two feet) as well as minimum required space between the containers and other objects such as cars (minimum of one feet). The set-out area also takes up available parking space and is, thus, assumed to extend six feet out from the curb. Taken altogether, the area for residential setouts is calculated as three containers that are each two feet wide, plus one foot between each container and other objects, for a total area ten feet wide times six feet in depth. The result is 60 square feet of setout area per serviced singlefamily residential property.

The amount of area used for commercial setouts (in this Study, use of the term commercial also always includes multi-family) can vary widely, as there is no standard commercial subscription size profile – each commercial solid waste subscriber can select from a range of container sizes, with most of them being larger than the containers used in residential areas. Given this complexity, this Study assumes that the average commercial setout area is twice that of the residential setout area, for 120 square feet.

Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 7 of 18 Commercial solid waste containers, especially the metal bin-type containers, range in size from one cubic yard to four cubic yards (which are approximately two to eight times the volume of the largest residential containers) and are thus typically much larger in footprint area than residential containers. Additionally, commercial subscribers can and often do use a greater number of containers than residential customers.

For these reasons we conclude that our assumption of 120 square feet for commercial setouts (twice the residential setout) is likely lower than the average setout area needed in commercial areas and is, therefore, conservative. If detailed information about the number and type of commercial containers were available, it is likely that information would support setout areas larger than the 120 square feet assumed in this Study.

Setout Time Usage
Standard residential solid waste collection is performed once weekly. Most residential containers are set out the evening prior to collection and are removed from the public right-of-way the following afternoon.

Thus, for the purposes of this Study, we assume that collection containers are in the public right-of-way for an average of 18 hours per day, one day per week, which amounts to approximately 10.71% of the time (18 hours divided by 24 per day divided by 7 days per week).

Commercial solid waste subscription setout times can vary widely – just as there is no standard commercial subscription size profile, likewise there is no standard collection frequency. Commercial solid waste subscribers can select collection frequency between once and six times per week, and with different frequencies for different waste streams. Given this complexity, this Study assumes that the average commercial collection frequently is twice weekly, for 21.42% of the time. As with the setout area, this estimate is likely lower than the average commercial collection frequency and is, therefore, conservative.

Market Value for Use of Public Right-of-Way
To establish the market value for use of the public right-of-way, R3 conducted an online survey of recent purchases of bare land in the City and locally in Lake County. R3 sampled 44 recent sales of bare land in the City, which were sold for a median value of $2.06 per square foot. To that value, R3 added the per square foot value of the City’s street pavement, which is calculated as a function of the total replacement value of the City’s streets ($35,086,000) divided by the area of the streets in square feet (4,917,122) both of which are contained in the City’s 2022 PMP (see next section). The resultant value of the street improvements is $7.14 per square foot, which, when added to the $2.06 market value of bare land, yields $9.19 per square foot.

This value is then divided by a rental realization rate of 2.55, which was established via online survey of 13 parking space rentals in and around the City, resulting in a total annual per square foot use charge for the public right-of-way of $3.60. This is multiplied by the General Fund overhead rate of 10% to account for distributed costs including but not limited to property, utilities, insurance, human resources, payroll administration, accounts payable and receivable, and other finance functions, with the resulting per square foot value of $3.96. R3 believes this value to be conservative – other methodologies that could have been applied and would have resulted in a higher estimated market value for the use of the public right-of-way. For example, had this Study used “parklet rental fee” charges established in other California communities, with an approximate average annual per square foot value of $15.00 per square foot, the results from this Study would be higher than estimated herein.

Number of Subscriptions Setting Out Containers
The City reports that there are 1,627 residential and 143 commercial solid waste service subscribers in the City. However, not all subscribers set out their containers in the public right-of-way for collection all the time. To account for non-setouts (either because subscribers don’t have waste materials to set out or because they receive on-premises service) we assume that only 90% of residential solid waste subscribers set out containers on a regular basis, for a resulting total of 1,464 average residential setouts.

Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 8 of 18 It is also understood that most commercial subscribers do not set out containers in the public right-of-way, and therefore we conservatively assume that only 5% of commercial subscribers set out containers on a regular basis, for a resulting total of 7 average commercial setouts. It should be noted that the 90% setout estimate for residential customers may be low, and the 5% set-out rate for commercial customers is almost certainly low – were one to take field observations for these values, we believe that the actual rates of set-out would be higher than used for the purposes of this Study.

Analysis and Total Annual Property Use Charges
Calculating the total annual Property Use Charges using the variables, estimates, and assumptions from the prior section is a function of multiplication, as shown in Table 3, below.

Table 3: Calculation of Total Annual Property Use Charges Variable Category Residential Commercial
Grand Total Annual
Property Use Charge
Setout Area 60 SF 120 SF
Setout Time Usage 10.71% 21.42%
Annual Use Charge $3.96 per SF $3.96 per SF
Number of Setouts 1,464 7
Total Annual Property
Use Charges $37,287 $713 $38,000
Pavement Impacts
Methodology
R3 reviewed and analyzed information provided by the City pertaining to Pavement Impacts from the Contractor’s solid waste collection vehicles. We then calculated estimates of the proportionate share of the average annual pavement repair, maintenance, and rehabilitation costs associated with solid waste collection vehicles based on the proportionate impact to pavement from solid waste collection vehicle compared to other sources of impacts.

The calculation accounts for the City’s annual repair costs, five-year projections for capital improvement costs, and five-year projections for annualized growth in deferred maintenance. The calculation also accounts for the high loading and slow speed impacts on pavement associated with solid waste collection vehicles.

The calculation proportionately allocates the average annual pavement management costs to solid waste vehicles based on:

The equivalent single-axle load and proportionate impacts from speed for those vehicles compared to other vehicles.

The number of vehicle trips on City streets.

The proportion of vehicle trips that are made by trucks versus automobiles.1 1 Our analysis accounts for the distribution of vehicles among the 13 Federal Highway Administration vehicle classifications, which include passenger cars, SUVs/pick-ups, buses, and multiple truck and truck/trailer axle combinations.

Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 9 of 18 Variables, Estimates, and Assumptions
The weight, loading, slow speed, and frequent stops that characterize solid waste collection vehicle operations impose unique and quantifiable impacts on the City’s street pavement. It is important to understand that, while calculation of vehicle impacts to pavement can be precise for individual vehicles, out of necessity we made certain assumptions about overall blended pavement impacts associated with several categories of vehicle types for the purposes of this Study. This is because we sought to calculate estimated impacts to all street pavement in the City, covering all vehicle uses, and precise traffic information at that scale is not currently available. Thus, we make informed assumptions regarding several variables necessary for this Study.

For each of these variables, there is a range of potentially reasonable values that may be used. We have selected values at the low end of the reasonable range to present findings that conservatively calculate estimated values of the pavement impacts associated with the Contractor’s solid waste collection vehicles during the course of providing sanitation service.

Assumptions used are described in the following subsections, which reference sources supporting the summary provided here. We must note that changes in assumptions may result in material changes in calculation results and findings.

Factors Impacting Pavement Conditions
Street pavement repair, maintenance, and rehabilitation needs and their resulting costs are affected by several factors, including vehicle usage and trench cuts and subsurface activities related to underground utilities.

Environmental conditions such as light and water also contribute to pavement repair, maintenance, and rehabilitation needs in combination with the primary impacts from vehicles, trench cuts (for maintenance and repairs to underground utilities), and subsurface activities related to underground utilities. This Study only focuses on the impacts to street pavement from vehicles, and the proportion of those impacts that are attributable to the Contractor’s solid waste collection vehicles as they perform sanitation service.

City’s Costs for Pavement Repair, Maintenance and Rehabilitation The City regularly projects its costs for repair, maintenance, and rehabilitation of pavement resulting from degradation due to use. These projections, and the basis for them, are documented in Pavement Management Program (PMP) reports which the City commissions with engineering consultants.

Per the City’s December 2022, PMP report, the City’s projected average annual pavement maintenance and rehabilitation costs from 2023 through 2028 for its entire street network, are approximately $285,000.

Also, per the PMP, deferred pavement maintenance on the City’s streets2 (which is the result of degrading pavement conditions associated with the impacts of vehicles) is projected to increase by $11.8 million between 2023 and 2032.3
Axle Loading
Our methodology for calculating the proportionate amount of pavement maintenance, and rehabilitation impacts for the Contractor’s vehicles is grounded in the fact that all vehicles, including solid waste collection 2 Deferred maintenance is planned maintenance that gets delayed and backlogged because of a lack of funding.

Deferred maintenance costs remain on the books until they are funded and the work is completed and recategorized in the City’s PMP.
3 Our analysis assumes funding based on the City’s budgeted pavement maintenance costs as presented in the PMP under Scenario 1 “Existing Funding”.

Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 10 of 18 vehicles, degrade pavement during use. Measurement of that impact – also known as “vehicle loading” – can be estimated, quantified, and expressed as an Equivalent Single Axle Load (ESAL), which is a function of the vehicle’s weight and the distribution of that weight over the vehicle’s axles.

It is important to note that heavier vehicles (including solid waste vehicles) have more impacts on pavement and have a higher vehicle loading ESAL value. It is also important to note that ESAL values are associated with vehicle loading only, and not the speed of the vehicle; it is therefore assumed that relative ESAL values between vehicle types are based on vehicles travelling at the same rate of speed.

For this analysis, R3 used the vehicle categories and average ESAL values shown in Table 4, below. Table 4 explains and cites supporting information for how the ESAL for each vehicle type was determined. It should be noted that solid waste collection vehicles are much heavier than most other typical vehicles on City roadways.

Table 4: ESAL Value Assumptions by Vehicle Type
Vehicle Type ESAL
Value Source
Automobiles (Passenger Cars) 0.0008
AASHTO (American Association of State Highway and
Transportation Officials) Design Guide with ESALs by
Vehicle Type
Average of All Other Trucks4 0.0171
Calculated Value Using AASHTO Design Guide with
ESALs by Vehicle Type, Federal Highway Administration
ESALs by Vehicle Type, Comparative Traffic Counts
Solid Waste Vehicle (Garbage) 1.0000
Calculated Values by Type Using Example Axle Weights
and AASHTO Axle Load Equivalency Factors Solid Waste Vehicle (Organics) 1.0000 Solid Waste Vehicle (Recycling) 0.7500
Given the assumed ESAL values in Table 4, a solid waste vehicle collecting garbage has 1,250 times the impact of an automobile. We are aware of other research concluding that the impacts of solid waste collection vehicles may be as high as 8,000-9,000 times the impact of passenger cars; thus, our assumed ESAL of “1” for garbage collection vehicles is on the low end of the reasonable range of ESALs for such vehicles.

Speed Impact
Impacts to flexible pavements (which are typical for residential streets) are also influenced by vehicle speeds, with impacts being exponentially higher when a load carrying vehicle is moving at a very slow speed.5 This is demonstrated in Chart 1, on the following page. 4 “All other trucks” means all vehicles with high loading and impact on street pavement other than solid waste vehicles, including pickup trucks, vans, box trucks, and a variety of other trucks with a lower average ESAL than solid waste collection vehicles.
5 Effect of truck speed on the response of flexible pavement systems to traffic loading; International Journal of Pavement Engineering, July 2020; Michael R. S. Mshali and Wynand JvdM. Steyn.

Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 11 of 18 Chart 1: Exponential Relationship Between Speed and Pavement Impacts Unlike typical traffic on residential streets, which tends to travel at or near the posted speed limit (25 miles per hour [mph] in the City), solid waste vehicles slow and stop for collection in front of each household, averaging approximately 4 mph to 8 mph.6 At these low speeds, and as shown in Chart 1, vehicles have approximately 2.2 to 2.6 times the impact to the pavement than they would travelling only at the 25 mph speed limit.

In this Study we conservatively assume that solid waste vehicles in the City may be travelling at a faster 10 mph average speed, and we thus assume that the relative impact of speed is a factor of 2, not the higher

2.2 to 2.6 factors corresponding with slower speeds as noted above. We apply this speed factor of 2 as a multiplier to the ESAL loading for solid waste collection vehicles in our analysis of impacts to residential streets only; the factor is not applied to the ESAL loading for arterial and collector streets, as those streets are not typically comprised of flexible pavements, solid waste collection vehicles stop less frequently on those streets (and thus have a higher average speed).

Vehicle Passes Per Day
By estimating the number and type of vehicles (i.e., solid waste collection vehicles, automobiles, and all other trucks) that travel on a street, and the average pavement impacts (measured in ESAL loading) associated with each vehicle type (described in the prior subsection), the total impacts that the pavement will experience can be estimated in a mathematical calculation. Our analysis makes informed assumptions about the number of vehicle passes (meaning trips down streets) by type for the two major types of streets identified by the City in its PMP. Those two types of streets are: high-traffic-volume streets (namely arterial and collector streets) and low-traffic-volume streets (residential streets). Specific data for the City relating to the number of vehicle passes per day and the proportion of those passes that are comprised of trucks was not available for this Study.

For the low-traffic residential streets, we used an estimate of 1,500 vehicle passes per day. We also estimated that 5% of residential traffic trips were made by trucks. For arterial and collector streets, we used an estimate of 15,000 passes per day. The 1,500 passes per day for residential streets and 15,000 passes per day for arterial and collector streets figures are conservative. In other comparative communities the 6 Real-world activity, fuel use, and emissions of heavy-duty compressed natural gas refuse trucks; Science of the Total Environment 761, 2021; Gurdas S. Sandhu, H. Christopher Frey, Shannon Bartelt-Hunt, Elizabeth Jones.

0.00 0.50

1.00 1.50

2.00 2.50

3.00 3.50
0 2 4 6 8 10 12 14 16 18 20 22 24 26
Relative Impact
Average Speed (MPH)
Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 12 of 18 actual passes per day are less than these figures. For example, in the County of Sonoma, the values are 784 passes on residential streets (approximately one half of the values assumed in this Study) and 3,980 passes on commercial and arterial streets (less than one third of the values in this Study). On the other end of the range, in the City of Anaheim, which is much larger than the City and with high levels of tourism, has approximately 3,000 passes on residential streets (twice the assumptions used in this Study), and 25,000 passes on commercial and arterial streets (less than twice the assumptions used in this Study). With these known data points, and given the size, demographics and geographics of the City, we conclude that, were specific vehicle traffic counts available for City streets, the actual vehicle passes would be less than the assumptions used in this Study. In that case, the outcome would be a greater proportionate impact from solid waste collection vehicles than calculated via this Study.

For the percentage of those trips that are trucks, we used a calculated value based on comparative traffic counts from the City of Torrance in 2023 and which is the same dataset that we used to estimate the average ESAL for “All other trucks” in Table 4. That dataset calculates the average daily traffic counts for all vehicles on commercial streets in that city, with 87.7% of the average daily traffic count being comprised of passenger cars and motorcycles and the remaining 12.3% being comprised of trucks.

For the purposes of this Study, we have assumed an even higher percentage of arterial and collector street traffic being trucks, at 15% of the average daily traffic. As with the prior assumptions, this value is conservative in that it returns a low proportionate value for the impacts to streets from the Contractor’s solid waste vehicles. Table 5, below, is a summary of the assumptions used in this Study related to average daily vehicles passes and the percentage that are trucks assumptions used in this Study.

Table 5: Vehicle Passes Per Day by Street Type
Street Type Vehicle Passes Per Day Percentage of Vehicle Passes That Are Trucks
Residential 1,500 5%
Arterial and Collector 15,000 15%
Vehicle Passes By Vehicle Type
The variables described in the prior subsection provide the overall number of vehicle passes per day, and the percentage of those passes that are trucks. To isolate the vehicle loading impacts to pavement associated with solid waste collection vehicles, we need to determine the number of passes that those vehicles make per day. This is a relatively simple calculation based on the weekly schedule of collections for solid waste collection services.

For the low-traffic residential streets, solid waste collection operations are on a weekly schedule. Since weekly collections are on both sides of the street, each street is driven twice (once in each direction) by a minimum of one of each type of solid waste collection vehicle. For the purposes of this Study, we assume that each solid waste collection vehicle makes two passes per week, or 0.286 passes per day, on residential streets. This value does not account for the fact that some streets are driven on during nonroute days so that collection vehicles can access streets on a given route, meaning that the actual average passes per week in the City must be higher than stated above.

Using the lower passes per week is conservative in that it returns a lower result for the street impacts from the Contractor’s solid waste vehicles. For the high-traffic arterial and collector streets, which are primarily commercial, the schedule for solid waste collection can vary. Solid waste collection services may Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 13 of 18 be provided up to five or six times a week for larger waste generators, and may be as low as weekly for smaller generators. Additionally, because solid waste generators in commercial areas are not all on the same collection schedules as residential accounts are, vehicles in commercial areas pass over the same streets multiple times to serve accounts with different collection schedules.

For the purposes of this Study, for arterial and collector streets, we assume that solid waste collection vehicles collecting garbage for landfill disposal pass over each street two times per day (once in each direction), while solid waste collection vehicles for organics and recycling pass over each street once per day (one half in each direction). Total passes for organics and recycling collection vehicles are less because it is generally the case that service levels for garbage are at least twice those of the corresponding organics or recycling service level. As with the number of passes on residential streets, this value does not account for the fact that some streets are driven on during non-route days so that collection vehicles can access streets on a given route, meaning that the actual average passes per week in the City must be higher than stated above. Using the lower passes per week is conservative in that it returns a lower result for the pavement impacts from the Contractor’s solid waste vehicles.

The number of passes per day for the remaining vehicle types – automobiles and other trucks – are simply calculated as a function of the total number of daily passes, the total number of those that are trucks (based on the percentages discussed in the prior section), and the number of passes for solid waste collection vehicles. For example, for the City’s residential streets, given the assumed 1,500 passes per day and 5% (75) of those being trucks, there are 1,425 automobile passes per day (1,500 x 95%).

With three types of solid waste collection vehicles each passing 0.286 times per day (as described above), the total passes per day are 0.857 (3 x 0.286). The number of passes for all other trucks is

74.143 (150 minus 0.857). Table 6, below, provides a summary of vehicle passes per day by street type.

Table 6: Vehicle Passes Per Day by Vehicle Type and Street Type Vehicle Type Residential Streets Arterial and Collector Streets Automobiles (Passenger Cars) 1,425.000 12,750.000
Average of All Other Trucks 74.142 2,247.143
Solid Waste Vehicle (Garbage) 0.286 1.429
Solid Waste Vehicle (Organics) 0.286 0.714
Solid Waste Vehicle (Recycling) 0.286 0.714
Total 1,500 15,000
Percentage of Streets by Type
A final variable that needs to be addressed in the percentage of streets by type. This information is included in the City’s PMP, including the relative area by street type, as shown in Table 7, below.

Table 7: Percentage of Streets by Type
Street Type Area (Square Feet) Percentage of Area
Residential 1,886,798 38.4%
Arterial 1,546,129 31.4%
Collector 1,484,195 30.2%
Total 4,917,122 100%
Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 14 of 18 Analysis
Percentage Impact for Solid Waste & Street Sweeping Vehicles by Street Type With the variables for ESAL by vehicle type, the multiplication factor for the relative impacts of speed for solid waste collection vehicles on residential streets, and the number of passes by vehicle type established, we then calculate the relative percentage impact associated with each vehicle type. This is calculated as a function of ESAL multiplied by speed factor (residential streets only) multiplied by the number of weekly passes, multiplied by ESAL, with the product being the total vehicle loading pavement impact by vehicle type per week.

Totaling the weekly total vehicle loading by vehicle types yields the total estimated loading experienced by each street type (residential vs. arterial and collector). From there, we calculate the percentage contribution to total vehicle loading for solid waste collection vehicles, which is the total weekly ESAL loading associated with solid waste collection vehicles divided by the total ESAL loading for the street.

Table 8, below, and Table 9, on the following page, show these calculations and the results.

Table 8: Calculation of Solid Waste Pavement Impacts – Residential Streets

A B C D E F
Vehicle Type
Average
ESAL /
Vehicle
(Per Table
4)
Relative
Impact
from
Speed
Passes /
Day /
Vehicle
Type
(Per Table
6)
Passes /
Week /
Vehicle
Type
(C x 7)
Total
Weekly
ESAL
Loading
(A x B x D)
Percent of
Total
ESAL
Loading
(E / 27.85)
Automobiles 0.0008 1x 1,425.00 9,975 7.98 28.65%
All Other Trucks 0.0171 1x 74.14 519 8.88 31.87 %
Garbage Vehicles 1.0000 2x 0.286 2 4.00 14.36%
Organic Material Vehicles 1.0000 2x 0.286 2 4.00 14.36% Recycling Vehicles 0.7500 2x 0.286 2 3.00 10.77%
Total 1,500 10,500 27.86 100%
As shown in Table 8, for the City’s residential streets we calculated the percentage impacts for solid waste vehicles to be 39.49% of total impacts to residential street pavement (14.36% times 2 plus 10.77%).

Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 15 of 18 Table 9: Calculation of Solid Waste Vehicle Impacts – Arterial and Collector Streets

A B C E F
Vehicle Type
Average
ESAL /
Vehicle
(Per Table 4)
Passes /
Day /
Vehicle Type
(Per Table 6)
Passes /
Week /
Vehicle Type
(B x 7)
Total Weekly
ESAL
Loading
(A x C)
Percent of
Total ESAL
Loading
(E / 359.13)
Automobiles 0.0008 12,750.00 89,250 71.4 19.88%
All Other Trucks 0.0171 2,247.14 15,730 268.98 74.9%
Garbage Vehicles 1.0000 1.429 10 10.00 2.78%
Organic Material Vehicles 1.0000 0.714 5 5.00 1.39%
Recycling Vehicles 0.7500 0.714 5 3.75 1.04%
Total 15,000 105,000 359.13 100%
For the City’s arterial and collector streets, Table 9 calculates the percentage impact from solid waste vehicles to be 5.21% of the total impacts (2.78% plus 1.39% plus 1.04%).

Average Annual Pavement Expenses
Per the PMP report, the City is projected to spend $285,000 per year on pavement repair, maintenance, and rehabilitation. These amounts are not included for the purposes of this Study as they are likely funded from existing dedicated funding sources other than the General Fund.

Average Annualized Deferred Maintenance
In addition to contributing to annual pavement maintenance and rehabilitation costs, solid waste vehicles also contribute to deferred maintenance. The PMP report projects that deferred maintenance will increase by $11.8 million from 2023 to 2032, which is $1,311,111 annually.

Reduction for Pavement Subsurface Impacts
The City’s projected expenditures for pavement maintenance repair are assumed to include impacts to pavement caused by vehicles, trench cutting, and subsurface activities, as well as the environmental impacts associated with those same sources of primary impacts. We roughly estimate the impacts of trench cutting and subsurface activities on the City’s streets to be 10% of all pavement repair, maintenance, and rehabilitation costs. This leaves 90% of the average annual pavement management costs and average annualized deferred maintenance needs associated with vehicle impacts.

This is demonstrated in Table 10, on the following page.

Methodology & Calculations
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 16 of 18 Table 10: Average Annual Pavement Impacts from Vehicles Category Amount of Impacts
from All Sources
Reduction for
Subsurface Activities
Amount of Impacts
from Vehicles
Average Annualized
Deferred Maintenance $1,311,111 -10% $1,180,000
Table 11, below, shows the breakdown of the average annual pavement impacts from all vehicles by street type, using the total from Table 10.

Table 11: Total Pavement Impacts from Vehicles by Street Type Variable Residential Arterial and Collector Total
Percentage of Streets
by Type (From Table 7) 38.4% 61.6% 100%
Total $452,790 $727,210 $1,180,000
Total Annual Pavement Impacts
Calculating the total annual Pavement Impacts using the variables, estimates, and assumptions from the prior section is a function of multiplication, as shown in Table 12, below.

Table 12: Calculation of Total Pavement Impacts from Contractor’s Vehicles Variables Residential Arterial and Collector
Grand Total
Annual Pavement Impacts
from Vehicles (From
Table 11)
$452,790 $727,210
Percentage Impacts from
Contractor’s Vehicles
(From Tables 8 and 9)

39.49% 5.22%
Total $178,808 $37,967 $216,775

3. FINDINGS & CONCLUSIONS
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 17 of 18 Franchise Fee & Administration Fee
The FY 2022-23 Franchise Fee was $237,951, the projection for FY 2023-24 is $255,000, and the projection for FY 2024-25 is $289,476.

The FY 2022-23 Administration Fee was $59,881, the projection for FY 2023-24 is $55,000, and the projection for FY 2024-25 is $62,436.

Taken altogether, the combined Franchise and Administration Fee in FY 2022-23 was $297,831 and is projected to be $310,000 in FY 2023-24 and $351,912 in FY 2024-25.

R3 calculated estimates of the City’s Costs and Property Use Charges based on actual and estimated cost information provided by the City, and with reasonable and conservative assumptions for estimated values.

The sum of FY 2023-24 annual City’s Costs ($112,403), Property Use Charges ($38,000), and Pavement Impacts ($216,775) calculated in this Study is $367,178.

Where assumptions were necessary to complete the analysis in this Study, reasonable attempts were made to apply conservative assumptions given a range of possible inputs.

The calculated amounts bear a reasonable relationship to the Contractor’s burdens on the City resulting from the management and administration of the Agreement and the sanitation system, and the reasonable value of the Contractor’s use of the public right-of-way. The City’s Costs have been reviewed and confirmed by City staff as being representative of the actual time and costs incurred for these activities. Amounts of Property Use Charges are proportionately allocated to the Contractor with due recognition of the realities of the Contractor’s operations.

The amounts calculated in this Study are $57,178 (18%) higher than the projected FY 2023- 24 Franchise Fee and Administration Fee amounts and $15,266 (4%) higher than the projected FY 2024-25 Franchise Fee and Administration Fee. It is highly unlikely, given the justification provided herein, that FY 2024-25 Franchise Fee and Administration Fee will exceed the amounts calculated in this Study.

The projected FY 2024-25 Franchise Fee and Administration Fee are less than would be justified by the calculations in this Study.

The Franchise Fee and Administration Fee are therefore is not more than necessary to cover the City’s costs incurred in billing and collecting solid waste utility rates, managing and administering the Agreement and the sanitation system plus the value of the Contractor’s use of the public right-of-way.

4. RECOMMENDATIONS
City of Lakeport | Solid Waste Franchise Fee Study – R3 Report 18 of 18 Restate Franchise Fee & Administration Fee
The current Franchise Fee and Administration Fees are calculated based on of gross revenues collected from billings in the City. While these amounts do not exceed the City Costs, Property Use Charges and Pavement Impact values calculated in this Study, the City would be better served by restating them to be a dollar value instead of a percentage of gross revenues.

We recommend that the City consider amending the Agreement with the Contractor to set the Franchise Fee and Administration Fee at a dollar value not to exceed the sum of the City Costs, Property Use Charges, and Pavement Impact values calculated by this Study.

Annual Adjustments
All values calculated in this Study are in current FY 2023-24 dollars. Given that the City’s Costs, Property Use Charges, and Pavement Impacts will all tend to change over time in response to changing staffing, benefits, and other costs, it would be appropriate for the City to implement an annual adjustment to the Franchise Fee and Administration Fee.

R3 recommends the City consider including an automatic annual adjustment that would change the fees in proportion to the percentage change in the Consumer Price Index (CPI).

We recommend the CPI for All Urban Consumers (CPI-U) for the San Francisco Bay Area (U.S. Bureau of Labor Statistics series ID: CUURS49BSA0). The City’s current Agreement with Contractor already accounts for this inflationary adjustment.

Sources and Uses Accounting
Currently, the City’s Costs and Property Use Charges are not tied to Franchise Fee and Administration Fee revenues in the City’s accounting system. The City could implement project code accounting and/or enterprise fund accounting for the Franchise Fee and Administration Fee to better track source revenues and their uses. In either case, allocated and/or direct staffing and other costs could be tied to source revenues, while the Property Use Charges could be transferred out for general use.

R3 recommends the City consider implementing sources and uses accounting practices for Franchise Fee and Administration Fee revenues, City’s Costs, and Property Use Charges.

Periodic Recalculation
Over time, the City’s Costs associated with the Agreement and the sanitation system, the value of Property Use Charges for use of the public right-of-way, and the annualized costs associated with Pavement Impacts from the Contractor’s solid waste collection vehicles may change in ways that vary from the annual change in the CPI. Additionally, changes in City policies, programs, procedures, organization, geopolitical boundaries, laws, regulations, court rulings, and/or other factors may also trigger a need for recalculating fees.

R3 recommends the City consider updating this Study periodically (e.g., every five years) or more frequently if needed to recalculate fees in response to other factors.

Solid Waste Cost Recovery Category Title
Estimated Time
on Solid Waste
Related Matters
General Fund
Percentage FY 23/24 Salary FY 23/24 Benefits
FY 23/24 Fully
Burdened Costs
(Salary +
Benefits
FY 23/24
General Fund
Overhead
Allocation
FY 23/24 Total
Solid Waste
Related Costs
Indirect Management & Administration City Manager 5.0% 60% $ 149,292 $ 41,380 $ 190,672 $ 19,067 $ 6,292 Indirect Management & Administration City Attorney 5.0% 40% $ 72,000 $ 19,957 $ 91,957 $ 9,196 $ 2,023 Direct Management & Administration Public Works Director 10.0% 60% $ 118,788 $ 32,925 $ 151,713 $ 15,171 $ 10,013 Direct Management & Administration Finance Director 10.0% 40% $ 135,252 $ 37,489 $ 172,741 $ 17,274 $ 7,601 Direct Management & Administration Financial Services Specialist II 50.0% 60% $ 54,516 $ 15,111 $ 69,627 $ 6,963 $ 22,977 Direct Management & Administration Government Accountant 10.0% 40% $ 87,192 $ 24,168 $ 111,360 $ 11,136 $ 4,900 Illegal Dumping Response, Clean-up, Mitigation, & Prevention Parks Maintenance Worker I 20.0% 100% $ 42,300 $ 11,725 $ 54,025 $ 5,402 $ 11,885 Illegal Dumping Response, Clean-up, Mitigation, & Prevention Maintenance Worker I 20.0% 60% $ 45,360 $ 12,573 $ 57,933 $ 5,793 $ 7,647 Illegal Dumping Response, Clean-up, Mitigation, & Prevention Maintenance Worker I 20.0% 60% $ 45,360 $ 12,573 $ 57,933 $ 5,793 $ 7,647 Illegal Dumping Response, Clean-up, Mitigation, & Prevention Maintenance Worker I 20.0% 60% $ 45,360 $ 12,573 $ 57,933 $ 5,793 $ 7,647 Illegal Dumping Response, Clean-up, Mitigation, & Prevention Parks Maintenance Worker I 20.0% 100% $ 42,300 $ 11,725 $ 54,025 $ 5,402 $ 11,885 Illegal Dumping Response, Clean-up, Mitigation, & Prevention Parks Maintenance Worker I 20.0% 100% $ 42,300 $ 11,725 $ 54,025 $ 5,402 $ 11,885 Row Labels Sum of FY 23/24 Total Solid Waste Related Costs CalRecycle & SB 1383 Compliance, Implementation & Enforcement $ - Catch Basin Waste Removal $ -City Events Solid Waste Collection $ -Direct Management & Administration $ 45,490 Illegal Dumping Response, Clean-up, Mitigation, & Prevention $ 58,598Indirect Management & Administration $ 8,315 Municipal Code Enforcement $ -
Pavement Repair, Maintenance, & Rehabilitation $ -Public Solid Waste Receptable Collection $ -Street Sweeping $ -Tree Trimming for Large Vehicle Curbside Access $ -Grand Total $ 112,403 Meeting Date: 09/03/2024 Page 1 Agenda Item # VII.A.1.

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: Silveira Center License Agreement for Medical Respite Use During Disasters
MEETING DATE: 09/03/2024
SUBMITTED BY: Kevin M. Ingram, City Manager
PURPOSE OF REPORT: ☐Information only ☒ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to authorize the City Manager to execute the attached License Agreement between the City of Lakeport and the Lake County Health Services Department.

BACKGROUND/DISCUSSION:

The City of Lakeport (the "City") has been in discussions with the Lake County Health Services Department (the "County") to enter into a License Agreement that would permit the County to utilize the Lakeport Silveira Community Center and its parking lot located at 500 North Main Street, Lakeport, California (the "Premises").

This agreement is necessary to ensure that the County has a designated site for use as an alternate care site, point of distribution center, emergency medical respite center, or for other services deemed necessary by the Lake County Public Health Officer during disaster response.

The proposed License Agreement outlines the terms and conditions under which the County may use the Premises. Key elements of the agreement include:

1. Term: The agreement will commence on July 1, 2024, and will continue for three years. The Licensee (County) may request an extension, but it will require mutual agreement by both parties.

2. Permitted Use: The County may use the Premises for various health-related and emergency services during disasters. Additionally, the County may hold disaster-related trainings, exercises, and meetings at the Premises during non-disaster times as mutually agreed upon.

3. Conditions and Restrictions: The agreement includes specific conditions related to the maintenance, environmental precautions, and non-exclusive use of the Premises. The County will be responsible for obtaining any necessary permits and maintaining the Premises in good condition.

4. Indemnification and Insurance: The County will indemnify and hold harmless the City from any claims arising from the County’s use of the Premises. The County is also required to maintain adequate insurance coverage.

5. Termination: Either party may terminate the agreement with five days' notice.

The agreement is designed to ensure that the City remains protected while providing the County with a suitable location to carry out critical public health functions during emergencies.

Meeting Date: 09/03/2024 Page 2 Agenda Item # VII.A.1.

OPTIONS:

1. Authorize the City Manager to execute the attached License Agreement between the City of Lakeport and the Lake County Health Services Department.

2. Do not authorize the City Manager to execute the attached License Agreement between the City of Lakeport and the Lake County Health Services Department.

3. Authorize the City Manager to execute the attached License Agreement between the City of Lakeport and the Lake County Health Services Department with proposed changes.

FISCAL IMPACT:
☒ None ☐ $ Budgeted Item? ☐Yes ☐ No
Budget Adjustment Needed? ☐Yes ☐ No If yes, amount of appropriation increase: $ Affected fund(s): ☐ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

Comments:

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☒ Priority #2: Disaster Resiliency
☒ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☐ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
SUGGESTED MOTIONS:

Move to authorize the City Manager to execute the attached License Agreement between the City of Lakeport and the Lake County Health Services Department.
☒ Attachments: 1. License - Lake County Health Dept. - Community Center License for Medical Respite

Meeting Date: 09/03/2024 Page 1 Agenda Item # VII.C.1.

CITY OF LAKEPORT
City Council ☒
City of Lakeport Municipal Sewer District ☐
Lakeport Industrial Development Authority ☐
Municipal Financing Agency of Lakeport ☐

STAFF REPORT
RE: After Action Report – July 4th, 2024, Fireworks Operations MEETING DATE: 09/04/2024 SUBMITTED BY: Chief of Police Dale Stoebe
PURPOSE OF REPORT: ☐Information only ☒ Discussion ☐Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to review and file this after-action report concerning the Independence Day (July 4th period) police and fire department fireworks operations summary.

BACKGROUND/DISCUSSION:

EVENT:

1. The 30-day period surrounding the 4th of July (June 17-July 16).

2. Independence Day Celebration at Library Park on July 4th.

3. Safe & Sane Fireworks (July 1-4)
SUMMARY:

During the 30-day period surrounding the Independence Day holiday, both the police and fire departments maintained staffing and were alert and prepared for fireworks related issues. In addition to Independence Day, there were illegal fireworks used in the city within the days before and after. The heaviest use outside of Independence Day was the two days before. During the 4th of July City Celebration event, there were 2 arrests made for DUI and 2 arrests made for Public Intoxication. There was 1 report of an assault and battery with injury at Library Park.

PARKLANDS:

On July 4, 2024, the City of Lakeport hosted its annual Fourth of July celebration at Library Park and the new Xabatin Community Park in the City limits of Lakeport. The Lakeport Police Department deployed its entire staff to work at the event along with mutual aid from many other agencies, with a total compliment of 34 sworn police officers. The fire department joined with LPD in a unified command, had dispatch staff present at the Command Post, and staged to respond to the event if needed. A safe and sane fireworks lighting location was again present at the East end of 4th Street. At Library Park the only significant concern was that during the event we had one lost juvenile presented to LE staff. The juvenile was reunited with family prior to the end of the event. More than the average number of illegal fireworks were being discharged near the parklands, including the 4h St. Safe & Sane area. With a larger than average number of LE Officers, including mutual aid, deployed, there was a slight increase in illegal fireworks enforcement.

Meeting Date: 09/03/2024 Page 2 Agenda Item # VII.C.1.

LEGAL FIREWORKS:

SAFE & SANE:

We are unaware of any significant public safety concerns due to safe and sane fireworks this year. There were areas of the city where people continued to use these fireworks after they became illegal, 11pm, but those areas were policed and warnings mostly yielded compliance.

In the aftermath of the sale of Safe & Sane fireworks, sufficient work was done by the sales groups in cleaning up the areas around town.

ILLEGAL FIREWORKS:

Illegal fireworks in the city remained a significant and concerning problem this year, both an increase in the numbers detected and the brazenness of users. We had reports and observations of illegal fireworks being set off throughout the city late into the night of July 4th and early morning of July 5th. Police officers responded, when possible, but we were not able to address very instance due to service call prioritization and increased response times. The most significant problem areas for illegal fireworks were Willow Tree Plaza, Will-O-Point Resort, N High Street Village, local motel areas and along the lakeshore between First Street and Clear Lake Avenue. Due to short staffing issues the police and fire departments were unable to form an additional special illegal fireworks enforcement team this year. However, the additional Law Enforcement Mutual Aid provided by Cal-Fire resulted in one 2-person undercover team focused on illegal firework prevention and enforcement.

There were approximately 15-20 fireworks, especially illegal fireworks, calls-for-service. There were 11 fireworks related arrests or detentions. There were 5 calls or Lakeport Fire Protection District response, the most significant being a female subject who suffered a burning injury to her foot from an illegal firework thrown by another subject at the Safeway Center. A later medical examination at a hospital determined the adult female had received second degree burns. LE Officers were neither able to locate, nor identify the suspect in this matter, leaving the investigation currently suspended. Throughout the night, LE Staff seized over approximately 200 illegal fireworks, approximately 30 seized by Cal-Fire LE Units, and 170 seized by Lakeport PD.

OPTIONS:

Discuss as necessary, review and file report.

Comments:

COUNCIL PRIORITIES:
☒ Priority #1: Public Safety & Crisis Response
☒ Priority #2: Disaster Resiliency
☐ Priority #3: Good Governance & Fiscal Stability
☐ Priority #4: Capital Infrastructure Improvement
☒ Priority #5: Safe, Sustainable & Attractive Neighborhoods ☐ Priority #6: Economic Development
Meeting Date: 09/03/2024 Page 3 Agenda Item # VII.C.1.

SUGGESTED MOTIONS:

Move to receive and file the 2024 police after-action report on the Independence Day Fireworks Operations. ☐ Attachments:

Meeting Date: 09/03/2024 Page 1 Agenda Item #VII.C.1.
240903

CITY OF LAKEPORT
City Council 
City of Lakeport Municipal Sewer District 
Lakeport Redevelopment Successor Agency 
Lakeport Industrial Development Agency 
Municipal Financing Agency of Lakeport 

STAFF REPORT
RE: Granular Activated Carbon Replacement MEETING DATE: 9/3/2024 SUBMITTED BY: Paul Harris, Utilities Superintendent
PURPOSE OF REPORT:  Information only  Discussion  Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to award a contract to Calgon Carbon Corporation in the amount of $80,555.00 for the exchange of spent Granular Activated Carbon (GAC) with new virgin GAC at the water treatment plant, 590 Konocti Ave., Lakeport, CA 95453, and authorize the City Manager to execute the same.

BACKGROUND/DISCUSSION:

Granular Activated Carbon (GAC) is an effective treatment method for removing many various chemicals and organic matter in our surface water supply. This removal process is imperative for removing TTHM precursors as well as taste and odor compounds when treating lake water. As a result, the city specified Filtrasorb 300 which is manufactured by Calgon Corporation, or an approved equivalent. This is the superior product for water treatment.

There is a total of (4) GAC vessels at the water treatment plant. Carbon media was replaced in (2) of the vessels in 2019. The remaining (2) vessels were changed out back in 2013. This has far exceeded the life expectancy average of 4 to 6 years.

On June 27, 2024, a solicitation for bids for the Granulated Activated Carbon Replacement was submitted through OpenGov. Bids were due July 31, 2024, at 2:00 pm. The platform tracked 10 registered users who viewed and followed the project, including various contractors. It was also posted on the Builders Exchange, further extending its visibility to a broader audience of contractors and industry professionals. The budgeted amount was $100,000.

Two bids were received:

Carbon Activated Corporation $78,654.00
Calgon Carbon Corporation $80,555.00
Meeting Date: 09/03/2024 Page 2 Agenda Item #VII.C.1.
240903
Carbon Activated Corporation did not submit the original notarized bid bond by the bid opening deadline, as required by the bidding instructions and requirements. A bid bond is a type of surety bond that guarantees the bidder will enter into the contract and provide the necessary performance and payment bonds if selected. This bond serves as a financial safeguard for the City, ensuring that if the selected bidder fails to fulfill the contract, the City can claim the bond to cover any resulting costs. Because Carbon Activated Corporation failed to meet this requirement, their bid was deemed nonresponsive. As a result, Calgon Carbon Corporation was the only responsive bid received.

The contract with Calgon Carbon Corporation and a maximum amount of $80,555.00 is attached hereto as Attachment “3”.

OPTIONS:

1. Authorize the City Manager to sign a construction contract with Calgon Carbon Corporation for the Granulated Activated Carbon Replacement of two vessels in the amount of $80,555.00.

2. Reject both bids.

FISCAL IMPACT:
 None ☒$ 80,555.00 Budgeted Item? ☒Yes  No
Budget Adjustment Needed?  Yes ☒ No If yes, amount of appropriation increase: $ Affected fund(s):  General Fund ☒ Water OM Fund  Sewer OM Fund  Other:

Comments:

SUGGESTED MOTIONS:

Move to award the contract for the Granulated Activated Carbon Replacement to Calgon Carbon Corporation and authorize the City Manager to execute the contract in the amount of $80,555.00.

Attachments: 1. Bid Tabulation

2. Calgon Carbon Corporation bid

3. GAC Replacement Contract
City of Lakeport
Utilities
Paul Harris, Utilities Director
225 Park Street, Lakeport, CA 95453

EVALUATION TABULATION
BID No. 24-08
Granular Activated Carbon Replacement
RESPONSE DEADLINE: July 31, 2024 at 2:00 pm
Report Generated: Wednesday, August 28, 2024

SELECTED VENDOR TOTALS
Vendor Total
Calgon Carbon
Corporation
$80,555
Carbon Activated
Corporation
$78,654
TABLE 1
Calgon Carbon
Corporation
Carbon Activated
Corporation
Selected Line Item Description Quantity Unit of
Measure
Unit Cost Total Unit Cost Total
1 GAC-Complete Project 1 Lump
Sum
$80,555.00 $80,555.00 $78,654.00 $78,654.00
Total $0.00 $0.00
City of Lakeport
Utilities
Paul Harris, Utilities Director
225 Park Street, Lakeport, CA 95453
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
RESPONSE DEADLINE: July 31, 2024 at 2:00 pm
Report Generated: Monday, August 5, 2024
Calgon Carbon Corporation Response

CONTACT INFORMATION
Company:

Calgon Carbon Corporation
Email:
[email protected]
Contact:

Jeremy Jones
Address:
3000 GSK Drive
Moon Township, PA 15108
Phone:
(412) 419-5735
Website:
www.calgoncarbon.com
Submission Date:

Jul 26, 2024 10:01 AM
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
Invitation For Bid - Granular Activated Carbon Replacement

Page 2 ends

ADDENDA CONFIRMATION
Addendum #1
Confirmed Jul 26, 2024 9:49 AM by Jeremy Jones

QUESTIONNAIRE

1. Bid Bond/Guarantee*
Depending on what you are submitting, please download the applicable form, complete it, and upload it back here as part of your bid.

For Guarantees not in the form of a Bid Bond, the chosen form of Guarantee shall be provided to the City in the designated format prior to the due date and time of bids.
• Bid_Bond.pdf
• Bid_Guarentee.pdf

07.31.24_Lakeport_CA_Bid_Bond.pdf

2. Non-Collusion Affidavit*
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
Granular Activated Carbon Replacement
BID NO. 24-08

IN THE CITY OF LAKEPORT, CALIFORNIA
To the CITY OF LAKEPORT
ENGINEERING DIVISION.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put [CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
Invitation For Bid - Granular Activated Carbon Replacement

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in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Confirmed

3. Disclosure of Lobbying Activities*
Please download the below documents, complete, and upload. • Disclosure_of_Lobbying_Acti...

Disclosure_of_Lobbying_Activities.pdf

4. Public Contract Code Questionnaire
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT*
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder [check one] has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term “bidder” is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Has Not
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
Invitation For Bid - Granular Activated Carbon Replacement

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PUBLIC CONTRACT CODE SECTION 10162*
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?
No
PUBLIC CONTRACT CODE 10232 STATEMENT*
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappeasable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor’s failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Confirmed

5. Bidder Information
CORPORATION?*
Is your company incorporated?
Yes
STATE OF INCORPORATION*
In what state is your company incorporated?
Delaware
COMPANY IS A CORPORATION*
You have indicated that your company is incorporated. Please provide a copy of your company's corporate resolution. [CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
Invitation For Bid - Granular Activated Carbon Replacement

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Corporate_Resolution_-_Jeremy_Jones_2024.pdf
CONTRACTOR'S LICENSE NUMBER*
Please provide your California contractor's license number as issued by the Contractors State License Board.

C0540993
Click to Verify Value will be copied to clipboard
DIR REGISTRATION*

CONTRACTORS AND SUBCONTRACTORS ARE ALSO REQUIRED TO BE REGISTERED WITH THE CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS FOR ANY BID PROPOSAL SUBMITTED ON OR AFTER MARCH 1, 2015, AND FOR ANY CONTRACT FOR PUBLIC WORK ENTERED INTO ON OR AFTER APRIL 1, 2015.

A contractor or subcontractor shall not be qualified to bid on, be listed on a bid proposal for, or perform any public work contract unless it is currently registered with the California Department of Industrial Relations as described in Labor Code § 1725.5. 1000026499
Click to Verify Value will be copied to clipboard
SAM.GOV DUNS/UEI NO.*
Please state your company's DUNS or UEI # here.
00-4319810
KEY PERSONNEL*
State the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal: (Name / Title / Address / Telephone) Calgon Carbon Corporation is a wholly-owned subsidiary of Kuraray Co. Ltd.

The primary contacts for this project are:
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
Invitation For Bid - Granular Activated Carbon Replacement

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Ben Goecke, Technical Sales Rep, 425.286.0754
Eric Forrester, Project Manager, 412-721-4592
Jeremy Jones, Bid Manager, 412-419-5735
BANKRUPTCY JUDGEMENTS*
Are there any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal? No
DBAS, ALIASES, OR FICTITIOUS BUSINESS NAMES*
State all current and prior DBA's, aliases, and/or fictitious business names for any principal having an interest in this proposal. Please be sure to state the name of the principal, the associated DBA, and all applicable dates.

N/A
PRIOR DISQUALIFICATION*
Has your firm ever been disqualified from performing work for any City, County, Public or Private Contracting entity? No
VIOLATIONS OF FEDERAL OR STATE LAW*
Has your firm or its officers been assessed any penalties by any agency for noncompliance, violations of Federal or State labor laws and/or business or licensing regulations within the past five (5) years relating to your construction projects? No
ONGOING INVESTIGATIONS REGARDING VIOLATIONS OF STATE CODE* Does your firm or its officers have any ongoing investigations by any AGENCY regarding violations of the State Labor Code, California Business and Professions Code or State Licensing laws?
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
Invitation For Bid - Granular Activated Carbon Replacement

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No
STATEMENT REGARDING INSURANCE COVERAGE*
Bidder hereby certifies that he/she has reviewed the insurance coverage requirements specified in 5-4 LIABILITY INSURANCE of Section E - Special Provisions. Should Bidder be awarded the contract for the work, the Bidder further certifies that they can meet all of these specification requirements for insurance including insurance coverage of his/her subcontractors.

Confirmed
WORKERS COMPENSATION INSURANCE CERTIFICATE*
Please download the below documents, complete, and upload. • Workers_Compensation_Insura...

Workers_Compensation_Insurance_Certificate.pdf
STATEMENT REGARDING CONTRACTOR'S LICENSING LAWS*
Please download and complete the form for showing acknowledgement of Contractor Licensing Laws and upload here as part of your bid.
• Statement_Regarding_Contrac...

Statement_Regarding_Contracotors_Licensing_Laws.pdf

6. Experience Statement
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder’s experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor’s License Board
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
Invitation For Bid - Granular Activated Carbon Replacement

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EXPERIENCE STATEMENT*
Please download the below documents, complete, and upload. • Experience_Statement.pdf
Experience_Statement.pdf

7. Designation of Suppliers and Subcontractors
The following section pertains to your life of subcontractors and suppliers, as defined in 2-3 SUBCONTRACTS of the Standard Specifications, who will perform work or provide materials of value in excess of one-half percent of the total bid price or $10,000, whichever is greater.

No subcontractor shall perform work in excess of the amount specified in 2-3 SUBCONTRACTS of the Standard Specifications, without the written approval of the Agency.

The Contractor is responsible to ensure that appropriate provisions are to be inserted in all subcontracts to bind subcontractors to the contract requirements as contained herein.

Each subcontractor must agree to comply with all applicable Federal, State, and local requirements.

SUBCONTRACTOR LIST*
For each subcontractor or supplier, please provide the following:
• Name of Supplier or Subcontractor
• Address of Supplier or Subcontractor
• Contractor's License # of Subcontractor
• DIR Number of Subcontractor
• Employer Tax ID of Subcontractor
• MBW/WBE (Yes or No)
• Work Being Subcontracted
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
Invitation For Bid - Granular Activated Carbon Replacement

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• Portion of Work (% of Contract Price)
N/A - Calgon Carbon Corporation employs our own Field Service staff that will complete 100% of this project scope without the need of subcontractors.

SUPPLIER AND SUBCONTRACTOR LIST CONFIRMATION*
Bidder confirms that these representations are made under the penalty of perjury under the laws of the State of California. The bidder hereby certifies that each subcontractor has been notified in writing of its equal opportunity obligations.

Confirmed

8. Submittal Confirmation and Additional Information
The Additional Information question is where you will upload your proof of authority to sign. If this bid is being submitted by an agent, or someone other than an officer of a corporation or a member of a partnership, a Power of Attorney must be submitted under Additional Information.

ADDITIONAL INFORMATION
This is provided as an additional means to upload any content required by the City for a responsive bid as stated by these specifications that has not otherwise been provided in a previous portion of your submittal.

This includes proof of authority to sign.

07.31.24_Lakeport_CA_F300_Submittal.pdf

07.31.24_Lakeport_Bid_Schedule_Pricing_Breakout.pdf
DOCUMENT REVIEW CONFIRMATION*
Bidder declares that he/she has examined all of the contract documents and specifications contained in this project manual for the City's Bid for Granular Activated Carbon Replacement, and that he/she will contract with the Agency on the form of contract provided herewith to do everything necessary for the fulfillment of this contract at the price, and on the terms and conditions therein contained.

The following are to be considered as forming a part of this proposal:
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
BID No. 24-08
Granular Activated Carbon Replacement
[CALGON CARBON CORPORATION] RESPONSE DOCUMENT REPORT
Invitation For Bid - Granular Activated Carbon Replacement

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• BID BOND or BID GUARANTEE (if submitted in lieu of Bid Bond) • NON-COLLUSION DECLARATION
• BIDDER INFORMATION
• EXPERIENCE STATEMENT
• DESIGNATION OF SUPPLIERS & SUBCONTRACTORS
• BIDDER’S STATEMENT REGARDING INSURANCE COVERAGE
• STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS.

Bidder further agrees if proposal is accepted and a contract for the performance of the work is entered into with the Agency, to so plan the work and to prosecute it with such diligence that all of the work shall be completed within the time stipulated in these specifications.

Bidder declares under penalty of perjury under the laws of the State of California that all of the representations made in this BID are true and correct.

Confirmed

PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 GAC-Complete Project 1 Lump Sum $80,555.00 $80,555.00 TOTAL $80,555.00

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

Type of Federal Action: 1. 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report___________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier_______ , if known

Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)

(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature ______________ e deferred
value _____________ f. other, specify__________________________

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: _________________________________________
Print Name: _______________________________________
Title: _____________________________________________
Telephone No.:_____________________Date: ___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Not Applicable.

Jeremy J. Jones
DWS Project Manager
412-787-6700 07/30/2024

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known.

Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the first tier. Sub-awards include but are not limited to subcontracts, sub-grants and contract awards under grants.

5. If the organization filing the report in Item 4 checks “Sub-awardee” then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., “RFP-DE-90-001.”

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box (es). Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box (es). Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

BID NO. _____

IN THE CITY OF LAKEPORT, CALIFORNIA
WORKERS’ COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

DATE: _ _ ___ ___
(Contractor)
By: _______________________________________________
(Signature)
________________________________________________
(Title)
Attest:

By: __________________________________________
(Signature)
__________________________________________
(Title)
Note: See Section 5 Responsibility of the Contractor for insurance carrier rating requirements 24-08
07/30/2024 Calgon Carbon Corporation
Jeremy J. Jones, DWS Project Manager
Jacob Blake, Notary Public
STATEMENT REGARDING CONTRACTOR’S LICENSING LAWS
BID NO. _____

IN THE CITY OF LAKEPORT, CALIFORNIA
[Business & Professions Code § 7028.15]
[Public Contract Code § 20103.5]
I, the undersigned, certify that I am aware of the following provisions of California law and that I, or the entity on whose behalf this certification is given, hold a currently valid California contractor’s license as set forth below:

Business & Professions Code § 7028.15:
a) It is a misdemeanor for any person to submit a bid to a public agency to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except in any of the following cases:
(1) The person is particularly exempted from this chapter. (2) The bid is submitted on a state project governed by Section 10164 of the Public Contract Code or on any local agency project governed by Section 20104 [now § 20103.5] of the Public Contract Code.
b) If a person has been previously convicted of the offense described in this section, the court shall impose a fine of 20 percent of the price of the contract under which the unlicensed person performed contracting work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than 10 days nor more than six months, or both.

In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purposes of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.
c) This section shall not apply to a joint venture license, as required by Section 7029.1.

However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this section with respect to his/her individual licenser. d) This section shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed contractors to render services within the scope of their respective practices. e) Unless one of the foregoing exceptions applies, a bid submitted to a public agency by a contractor who is not licensed in accordance with this chapter shall be considered nonresponsive and shall be rejected by the public agency. Unless one of the foregoing exceptions applies, a local public agency shall, before awarding a contract or issuing a purchase order, verify that the contractor was properly licensed when the contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 to 7028.13, inclusive. Any 24-08
contract awarded to, or any purchase order issued to, as contractor who is not licensed pursuant to this chapter is void.
f) Any compliance or noncompliance with subdivision (e) of this section, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public agency during which time that subdivision was in effect. g) A public employee or officer shall not be subject to a citation pursuant to this section if the public employee, officer, or employing agency made an inquiry to the board for the purposes of verifying the license status of any person or contractor and the board failed to respond to the inquiry within three business days. For purposes of this section, a telephone response by the board shall be deemed sufficient.

Public Contract Code § 20103.5:

In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state.

However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors’ State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors’ State License Board. The agency shall include a statement to that effect in the standard form of pre-qualification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Contractor’s License Number: _____________________________________________ License Expiration Date: _____________________________________________ Authorized Signature: _____________________________________________ Date: _____________________________________________
1000026499
06/30/2026
07/30/2024
Jeremy J. Jones, DWS Project Manager

EXPERIENCE STATEMENT
BID NO. _____

IN THE CITY OF LAKEPORT, CALIFORNIA
Pursuant to this BID PROPOSAL and QUALIFICATION OF BIDDERS, the following is a record of the Bidder’s experience in construction of a type similar in magnitude and character to that contemplated under this contract. Included in this section should be a complete list of references for similar projects in terms of scope of work, value of work, and time constraints. The Contractor must demonstrate that he/she has experience with this type of project and can manage this project effectively. If necessary, additional numbered pages can be attached to this page. The Contractor must be properly licensed to perform the work in this project as determined by the State Contractor’s License Board.

Project Title:__________________________________ Client:______________________________ Date: ______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client:______________________________ Date:_____________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
24-08
GAC Exchange and Service Emerald Coast Utilities
Ongoing Ongoing Bobby Rogers 850-969-6626
Ongoing GAC Exchange and Service
GAC Exchange and Service Vaughn Water
Ongoing Ongoing Denny Armstrong 661-330-3615
Ongoing GAC Exchange and Service
EXPERIENCE STATEMENT (Continued)
BID NO. _____

IN THE CITY OF LAKEPORT, CALIFORNIA
Project Title:__________________________________ Client:______________________________ Date:______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
Project Title:__________________________________ Client:_______________________________ :

Date:______________ Project Value: ______________ Contact: _____________ Tel #____________ Description: __________________________________________________________________ ________________________________________________________________________ ____________________________________________________________ Subject to Federal Labor Standards: Yes No
I declare under penalty of perjury under the laws of the State of California that all of the representations made in this EXPERIENCE STATEMENT are true and correct. Executed this __________________ day of _______________________________, 20__ at _____________________________________, California.

Authorized Representative Signature and Title _______________________________________________ 24-08
30th
July 24 Moon Township
Pennsylvania
Jeremy J. Jones, DWS Project Manager
GAC Exchange and Service Sunnyslope
Ongoing Ongoing Jim Flice 831-637-4670
Ongoing GAC Exchange and Service
GAC Exchange and Service West View Water District
Ongoing Ongoing Scott McNicol
Ongoing GAC Exchange and Service
412-931-3292

CITY OF LAKEPORT

PUBLIC WORKS DEPARTMENT

LAKEPORT, CALIFORNIA
Granular Activated Carbon Replacement
BID NO. 24-08 T

SUBMITTED BY CALGON CARBON CORPORATION
July 31st, 2024

TABLE OF CONTENTS
SUBMITTAL 1:

SUBMITTAL 2:

SUBMITTAL 3:

SUBMITTAL 4:

SUBMITTAL 5:

SUBMITTAL 6:

CALGON CARBON HISTORY
FILTRASORB 300: AFFIDAVIT OF

COMPLIANCE, SPECIFICATION SHEET,

AND SAFETY DATA SHEET

ISO AND NSF CERTIFICATES

CUSTOMER REFERENCES

GAC EXCHANGE PROCEDURES

EVIDENCE OF INSURANCE
SUBMITTAL 1

CALGON CARBON HIS TORY

The History of
Calgon Carbon
When the United States entered World War II, coconut shells were the raw material used to produce granular activated carbon (GAC), the filtering agent in military gas masks. Faced with a shortage of this crucial war material, the government asked Pittsburgh Coke and Chemical to develop a substitute from a native material. In 1942, the Company produced an activated carbon product using bituminous coal, and that was the beginning of the firm now known as Calgon Carbon Corporation.

Throughout history, Calgon Carbon has been a pioneer in creating new activated carbon products, systems and services from the infancy stages to the current global industry. The Company currently offers carbon technologies used in over 700 distinct market applications from purifying air and drinking water, to purifying foods and pharmaceuticals, to separating gas and removing mercury emissions from coal-powered electrical facilities. As a leader in the activated carbon industry, Calgon Carbon Corporation has originated cutting-edge purification systems for drinking water, wastewater, odor control, pollution abatement, and a variety of industrial and commercial manufacturing processes.

A HISTORY OF INNOVATION
1942 Pittsburgh Coke & Chemical Company, Inc. pioneers the development of coal-based granular activated carbon for use in military protection.
1955The "Pittsburgh Pulse Bed" system is introduced – the first activated carbon system for sugar decolorization. 1960 The Activated Carbon Division of Pittsburgh Coke and Chemical pioneers the use of granular activated carbon in drinking water treatment.
1962 The Activated Carbon Division reaches a major milestone when 40,000 pounds of bituminous coal-based granular activated carbon is installed for the Virginia-American Water Co., a subsidiary of the American Water Works Service Company, setting a new benchmark for drinking water quality. 1965 Pittsburgh Activated Carbon Company (formerly Pittsburgh Coke & Chemical) is acquired by Calgon Corporation. 1967 Calgon Corporation is reorganized into six autonomous divisions, including the Pittsburgh Activated Carbon Company, responsible for its own marketing and manufacturing. 1968Calgon Corporation acquired by Merck and Co., Inc.
1971 Calgon Carbon begins to offer reactivation services in the U.S. Offering customers both environmental and costsaving benefits. 1978 A joint venture is formed with Mitsui Chemicals, Inc. and Mitsui & Co., Ltd. 1985 Calgon Carbon, a wholly-owned subsidiary of Merck and Co., Inc., is acquired by its management through a leveraged buyout.
1987 Calgon Carbon completes initial public offering of common stock.1991 Calgon Carbon is listed on the New York Stock Exchange (NYSE), trading under the symbol CCC.
1993 In the U.K., Thames Water Utilities, Ltd., grants Calgon Carbon exclusive rights to market its new Sandwich Filter technology for the removal of pesticides and other organic compounds from drinking water.1996 Calgon Carbon acquires the perox-pure business operations of Vulcan Peroxidation Systems, Inc., (Tucson, Arizona), and Solarchem Enterprises, Inc., (Toronto, Ontario, Canada). Calgon Carbon also acquires Advanced Separation Technologies Incorporated™ (Lakeland, Florida) and Charcoal Cloth (International) Ltd., a British manufacturer of activated carbon in cloth form.

1.800.4Carbon | calgoncarbon.com
© Copyright 2022 Calgon Carbon Corporation. All Rights Reserved. 1997 Singapore-based marketing subsidiary Calgon Carbon Asia is formed, serving customers in Korea, Taiwan, the People's Republic of China, Southeast Asia, Australia, New Zealand and India. 1998Calgon Carbon launches two distinct products: Sentinel® ultraviolet (UV) disinfection system for the inactivation of Cryptosporidium and ISEP® continuous ion exchange system for perchlorate removal. 2002 Calgon Carbon Corporation expands in Asia, starting up a manufacturing plant in China and forming a joint venture with Mitsubishi Chemical Corporation of Tokyo, Japan to produce and sell activated carbon and related services throughout Japan. Additionally, Calgon Carbon is the first activated carbon manufacturer in the U.S. to install GAC treatment specifically for PFAS removal
2004 The company acquires Waterlink Specialty Products, known as Barnebey Sutcliffe in the United States, and Sutcliffe Speakman in Europe, to enhance capabilities in carbon reactivation, impregnation and on-site services. 2005 Calgon Carbon Corporation and C. Gigantic Carbon (Gigantic) form a joint-venture company to provide carbon reactivation services to the Thailand market. The new company, Calgon Carbon (Thailand) Ltd. begins operation. 2007First contract for FLUEPAC® powdered activated carbon for treatment of mercury in flue gas streams from coalfired electric power plant is signed and secured. 2009 The company unveils a new corporate logo, re-positioning the former logo’s distinctive "ellipse" shape into a forward-moving direction to symbolize the company’s anticipated long-term growth. 2010Calgon Carbon acquires two companies: the firm Zwicky Denmark and Sweden, service providers and long-term distributors of Chemivron Carbon’s activated carbon products; and purchases the outstanding stock of Hyde Marine Inc., a manufacturer of systems that utilize filters and UV technology to treat marine ballast water. Calgon Carbon’s Blue Lake, California plant is the first in the U.S. to receive certification from NSF International under NSF/ANSI Standard 61: Drinking Water System Components – Health Effects for custom reactivated carbon for potable water applications.
2011 The acquisition of Calgon Carbon Japan KK (CCJ), the former joint venture between Calgon Carbon Corporation and Mitsubishi Chemical Corporation is completed. Additionally, the company announces that the City Council of Phoenix, Arizona has selected Calgon Carbon to negotiate a contract to provide reactivation services for a ten-year period, and also includes the construction of a reactivation facility in Maricopa County, Arizona. 2018 Calgon Carbon is acquired by Kuraray Co., Ltd in March. Steve Schott is named CEO in September. 2020 Calgon Carbon formally announces the construction of a new activated carbon production line (G-line) at its Pearl River Plant in Mississippi, and an additional reactivation furnace in Belgium. A large equipment production expansion project launches adding capacity.
2021 A large equipment production expansion project is completed, at Neville Island, PA, to increase capacity in North America.
2023 Calgon Carbon celebrates the completion of our G-Line construction and hosts a ribbon cutting ceremony in October.

SUBMITTAL 2
FILTRASORB 300:

AFFIDAVIT OF COMPLIANCE,

SPECIFICATION SHEET,

AND SAFETY DATA SHEET

AFFIDAVIT O F COMP LI ANC E
By this affidavit, CALGON CARBON CORPORATION certifies that the Virgin Granular Activated Carbon designated as Filtrasorb 300 complies with all the applicable provisions of the AWWA standard for Granular Activated Carbon denoted as B-604-latest edition, ANSI/NSF Rule 61, and the Food Chemical Codex.

Filtrasorb 300 is mined and manufactured in the USA from bituminous coal and produced through a reagglomeration process. Filtrasorb 300 manufactured at the Calgon Carbon Catlettsburg Plant in Catlettsburg, KY and Pearl River Plant in Pearl River, MS.

Calgon Carbon Corporation
_____________________________
Name: Amber Simonic
Title: Executive Director, Drinking Water Solutions
Commonwealth of Pennsylvania
County of Allegheny
Signed (or attested) before me on ___________, 20___ by __________________. ____________________________
Notary Public
My Commission Expires: April 2, 2025
January 5 22 Amber Simonic
FILTRASORB 300
Granular Activated Carbon
Specification
Test
Min Max
Calgon Carbon
Test Method
IODINE NUMBER, mg/g
MOISTURE (AS PACKAGED), wt%

ABRASION NUMBER
DENSITY (APPARENT), g/cc
EFFECTIVE SIZE, mm

UNIFORMITY COEFFICIENT
FCC - WATER EXTRATABLE, wt%
900
-
78 0.50

0.8 -
-
-
2 -
-

1.0 2.1
4 TM-4,ASTM D4607
TM-1,ASTM D2867
TM-9,AWWA B604
TM-7,ASTM D2854
TM-8,ASTM D2862
TM-8,ASTM D2862
TM-43,FCC
8 US MESH [2.36 mm], wt%
< 30 US MESH [0.600 mm] (PAN), wt%
-
-
11 4
TM-8,ASTM D2862
TM-8,ASTM D2862
Typical Properties:

This product complies with ANSI/AWWA B604 (Latest Edition) – Granular Activated Carbon.

This product complies with the requirements for activated carbon as defined by the Food Chemicals Codex (FCC) (Latest Edition) published by the U.S. Pharmacopeia.

This product is prepared under the supervision of the Kashruth Division of the Orthodox Union and is Kosher.

Only products bearing the NSF Mark are Certified to NSF/ANSI/CAN 61 - Drinking Water System Components - Health Effects standard. Certified Products will bear the NSF Mark on packing or documentation shipped with the product.

Calgon Carbon Corporation's activated carbon products are continuously being improved and changes may have taken place since this publication went to press. 11975-08/10/2023

FILTRASORB 300
Safety Data Sheet
Issued: 03/13/2020
Supersedes: 09/24/2019
Version: 3.0
03/13/2020 FILTRASORB 300
Product Code: 11975
For Internal Use Only: PR #1 1/6
SECTION 1: Identification of the Substance/Mixture and of the Company/Undertaking

1.1. Product identifier
Product name : FILTRASORB 300
Product form : Substance
CAS No : 7440-44-0
Product code : 11975
Synonyms : Activated carbon; Steam activated carbon

1.2. Relevant identified uses of the substance or mixture and uses advised against Use of the substance/mixture : Adsorbent

1.3. Details of the supplier of the safety data sheet
Calgon Carbon Corporation
P.O. Box 717
Pittsburgh, PA 15230
412-787-6700

1.4. Emergency telephone number
Emergency number : CHEMTREC (24 HRS): 1-800-424-9300
SECTION 2: Hazards Identification

2.1. Classification of the substance or mixture
GHS-US classification
Combustible Dust
Not classified as a simple asphyxiant. Product does not displace oxygen in the ambient atmosphere, but slowly adsorbs oxygen from a confined space when wet. Under conditions of anticipated and recommended use, product does not pose an asphyxiation hazard.

2.2. Label elements
GHS-US labeling
Signal word (GHS-US) : Warning
Hazard statements (GHS-US) : May form combustible dust concentrations in air.

2.3. Other hazards
Other hazards not contributing to the
classification
: Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed space is required, procedures for work in an oxygen deficient environment should be followed.

2.4. Unknown acute toxicity (GHS-US)
No data available
SECTION 3: Composition/Information on Ingredients

3.1. Substance
Name Product identifier %
Activated carbon (CAS No) 7440-44-0 < 100

3.2. Mixture
Not applicable
SECTION 4: First Aid Measures

4.1. Description of first aid measures
First-aid measures general : If exposed or concerned, get medical attention/advice. Show this safety data sheet to the doctor in attendance. Wash contaminated clothing before re-use. Never give anything to an unconscious person.

First-aid measures after inhalation : IF INHALED: Remove to fresh air and keep at rest in a comfortable position for breathing.

First-aid measures after skin contact : IF ON SKIN (or clothing): Remove affected clothing and wash all exposed skin with water for at least 15 minutes.

First-aid measures after eye contact : IF IN EYES: Immediately flush with plenty of water for at least 15 minutes. Remove contact lenses if present and easy to do so. Continue rinsing.

FILTRASORB 300
Product Code: 11975
Safety Data Sheet
03/13/2020 FILTRASORB 300
Product Code: 11975
For Internal Use Only: PR #1 2/6
First-aid measures after ingestion : IF SWALLOWED: Rinse mouth thoroughly. Do not induce vomiting without advice from poison control center or medical professional. Get medical attention if you feel unwell.

4.2. Most important symptoms and effects, both acute and delayed Symptoms/injuries after inhalation : Not expected to present a significant hazard under anticipated conditions of normal use. Dust may cause irritation to the respiratory system.

Symptoms/injuries after skin contact : Dust may cause irritation.

Symptoms/injuries after eye contact : Dust may cause irritation and redness.

Symptoms/injuries after ingestion : Not expected to present a significant hazard under anticipated conditions of normal use.

4.3. Indication of any immediate medical attention and special treatment needed No additional information available.

SECTION 5: Firefighting Measures

5.1. Extinguishing media
Suitable extinguishing media : Water spray. Carbon dioxide. Dry chemical. Foam. Sand.

Unsuitable extinguishing media : None known.

5.2. Special hazards arising from the substance or mixture Fire hazard : Dust may be combustible under specific conditions. May be ignited by heat, sparks or flames.

Explosion hazard : Dust may form explosive mixture in air.

Reactivity : No dangerous reactions known under normal conditions of use. Carbon oxides may be emitted upon combustion of material.

5.3. Advice for firefighters
Firefighting instructions : Wear NIOSH-approved self-contained breathing apparatus suitable for the surrounding fire.

Use water spray or fog for cooling exposed containers. Evacuate area.

SECTION 6: Accidental Release Measures

6.1. Personal precautions, protective equipment and emergency procedures General measures : Evacuate area. Keep upwind. Ventilate area. Spill should be handled by trained clean-up crews properly equipped with respiratory equipment and full chemical protective gear (see Section 8).

6.1.1. For non-emergency personnel
No additional information available.

6.1.2. For emergency responders
No additional information available.

6.2. Environmental precautions
Prevent entry to sewers and public waters. Avoid release to the environment. Product is not soluble, but can cause particulate emission of discharged into waterways. Dike all entrances to sewers and drains to avoid introducing material to waterways. Notify authorities if product enters sewers or public waters.

6.3. Methods and material for containment and cleaning up For containment : Sweep or shovel spills into appropriate container for disposal. Minimize generation of dust.

Methods for cleaning up : Sweep or shovel spills into appropriate container for disposal. Minimize generation of dust.

Dispose of material in compliance with local, state, and federal regulations.

6.4. Reference to other sections
No additional information available.

SECTION 7: Handling and Storage

7.1. Precautions for safe handling
Precautions for safe handling : Avoid dust formation. Avoid contact with skin, eyes and clothing. Do not handle until all safety precautions have been read and understood. Wash hands and other exposed areas with mild soap and water before eating, drinking or smoking and when leaving work. Keep away from sources of ignition - No smoking.

7.2. Conditions for safe storage, including any incompatibilities Storage conditions : Keep container tightly closed in a cool, dry, and well-ventilated place. Keep away from ignition sources.

SECTION 8: Exposure Controls/Personal Protection

8.1. Control parameters
Activated carbon (7440-44-0)*
OSHA PEL (TWA) (mg/m³) ≤ 5 (Respirable Fraction)
≤ 15 (Total Dust)
FILTRASORB 300
Product Code: 11975
Safety Data Sheet
03/13/2020 FILTRASORB 300
Product Code: 11975
For Internal Use Only: PR #1 3/6
*Exposure limits are for inert or nuisance dust. No specific exposure limits have been established for this activated carbon product by OSHA or ACGIH.

8.2. Exposure controls
Appropriate engineering controls : Provide adequate general and local exhaust ventilation. Use process enclosures, local exhaust ventilation, or other engineering controls to control airborne levels below recommended exposure limits. Use explosion-proof equipment with flammable materials. Ensure adequate ventilation, especially in confined areas. Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed space is required, procedures for work in an oxygen deficient environment should be followed.

Personal protective equipment : Gloves. Safety glasses. Protective clothing.Under insufficient ventilation conditions wear respiratory protection.

Hand protection : Gloves should be classified under Standard EN 374 or ASTM F1296. Suggested glove materials are: Neoprene, Nitrile/butadiene rubber, Polyethylene, Ethyl vinyl alcohol laminate, PVC or vinyl. Suitable gloves for this specific application can be recommended by the glove supplier.

Eye protection : Use eye protection suitable to the environment. Avoid direct contact with eyes.

Skin and body protection : Wear long sleeves, and chemically impervious PPE/coveralls to minimize bodily exposure.

Respiratory protection : Use NIOSH-approved dust/particulate respirator. Where vapor, mist, or dust exceed PELs or other applicable OELs, use NIOSH-approved respiratory protective equipment.

SECTION 9: Physical and Chemical Properties

9.1. Information on basic physical and chemical properties Physical state : Solid
Appearance : Granular, powder, or pelletized substance
Color : Black
Odor : Odorless
Odor threshold : No data available
pH : No data available
Relative evaporation rate (butylacetate=1) : Not applicable Melting point : Not applicable
Freezing point : Not applicable
Boiling point : Not applicable
Flash point : No data available
Auto-ignition temperature : > 325 °C
Decomposition temperature : No data available
Flammability (solid, gas) : > 325 °C
Vapor pressure : Not applicable
Relative vapor density at 20 °C : Not applicable
Apparent density : 0.3 - 0.75 g/cc
Solubility : Insoluble
Log Pow : Not applicable
Log Kow : Not applicable
Viscosity, kinematic : Not applicable
Viscosity, dynamic : Not applicable
Explosive properties : No data available
Oxidising properties : No data available
Explosive limits : No data available

9.2. Other information
No additional information available.

SECTION 10: Stability and Reactivity

10.1. Reactivity
No dangerous reactions known under normal conditions of use.

10.2. Chemical stability
Stable under use and storage conditions as recommended in section 7.

FILTRASORB 300
Product Code: 11975
Safety Data Sheet
03/13/2020 FILTRASORB 300
Product Code: 11975
For Internal Use Only: PR #1 4/6

10.3. Possibility of hazardous reactions
None known.

10.4. Conditions to avoid
Avoid dust formation. Heat. Ignition sources. Exposure to high concentrations of organic compounds may cause bed temperature to rise.

10.5. Incompatible materials
Alkali metals. Strong oxidizing agents.

10.6. Hazardous decomposition products
Carbon monoxide (CO), carbon dioxide (CO2).

SECTION 11: Toxicological Information

11.1. Information on toxicological effects
Acute toxicity : Not classified
Activated carbon (7440-44-0)
LD50 oral rat > 2000 mg/kg
Skin corrosion/irritation : Not classified
Serious eye damage/irritation : Not classified
Respiratory or skin sensitisation : Not classified
Germ cell mutagenicity : Not classified
Carcinogenicity : Not classified
Silica: crystalline, quartz (14808-60-7)
IARC group 1 - Carcinogenic to humans
The International Agency for Research on Cancer (IARC) has classified “silica dust, crystalline, in the form of quartz or cristobalite” as carcinogenic to humans (group 1). However these warnings refer to crystalline silica dusts and do not apply to solid activated carbon containing crystalline silica as a naturally occuring, bound impurity. As such, we have not classified this product as a carcinogen in accordance with the US OSHA Hazard Communication Standard (29 CFR §1910.1200) but recommmend that users avoid inhalation of product in a dust form.

Reproductive toxicity : Not classified
Specific target organ toxicity (single exposure) : Not classified Specific target organ toxicity (repeated
exposure)
: Not classified
Aspiration hazard : Not classified
Symptoms/injuries after inhalation : Not expected to present a significant hazard under anticipated conditions of normal use. Dust may cause irritation to the respiratory system.

Symptoms/injuries after skin contact : Dust may cause irritation of the skin.

Symptoms/injuries after eye contact : Dust may cause irritation and redness.

Symptoms/injuries after ingestion : Not expected to present a significant hazard under anticipated conditions of normal use.

SECTION 12: Ecological Information

12.1. Toxicity
No additional information available.

12.2. Persistence and degradability
No additional information available.

12.3. Bioaccumulative potential
No additional information available.

12.4. Mobility in soil
No additional information available.

12.5. Other adverse effects
No additional information available.

SECTION 13: Disposal Considerations

13.1. Waste treatment methods
Waste treatment and disposal methods : Vacuum or shovel material into a closed container. Dispose in a safe manner in accordance with local/national regulations. Do not allow the product to be released into the environment.

FILTRASORB 300
Product Code: 11975
Safety Data Sheet
03/13/2020 FILTRASORB 300
Product Code: 11975
For Internal Use Only: PR #1 5/6
Additional information : Activated carbon is an adsorbent media; hazard classification is generally determined by the adsorbate. Consult U.S. EPA guidelines listed in 40 CFR 261.3 for more information on hazardous waste disposal.

SECTION 14: Transport Information

14.1. In accordance with DOT
Not classified as hazardous for domestic land transport.

UN-No.(DOT) : None on finished product
DOT NA no. : None on finished product
Proper Shipping Name (DOT) : Not regulated
Department of Transportation (DOT) Hazard
Classes
: None on finished product
Hazard labels (DOT) : None on finished product
Packing group (DOT) : None on finished product
DOT Quantity Limitations Passenger aircraft/rail
(49 CFR 173.27)
: None on finished product

14.2. Transport by sea
Not classified as hazardous for water transport.

IMO / IMDG
UN/NA Identification Number : None on finished product
UN- Proper Shipping Name : Not regulated
Transport Hazard Class : None on finished product

14.3. Air transport
Not classified as hazardous for air transport.

ICAO / IATA
UN/NA No : None on finished product
UN- Proper Shipping Name : Not regulated
Transport Hazard Class : None on finished product
Packing Group : None on finished product
Marine Pollutant : None on finished product

14.4. Additional information
Other information : Under the UN classification for activated carbon, all activated carbons have been identified as a class 4.2 product. However, this product type or an equivalent has been tested according to the United Nations Transport of Dangerous Goods test protocol for a “self-heating substance” (United Nations Transportation of Dangerous Goods, Manual of Tests and Criteria, Part III, Section 33.3.1.6 - Test N.4 - Test Method for Self Heating Substances) and it has been specifically determined that this product type or an equivalent does not meet the definition of a self-heating substance (class 4.2). This information is applicable to the steam activated carbon product described in this document.

SECTION 15: Regulatory Information

15.1. US Federal regulations
FILTRASORB 300
All chemical substances in this product are listed as “Active” in the EPA (Environmental Protection Agency) “TSCA Inventory Notification (ActiveInactive) Requirements Rule” (“the Final Rule”). as of February 2019 or are otherwise exempt.

SARA Section 311/312 Hazard Classes Physical hazard - Combustible dust Cobalt (7440-48-4)
Listed on the United States TSCA (Toxic Substances Control Act) inventory Listed on United States SARA Section 313
SARA Section 313 - Emission Reporting 0.1 %

15.2. International regulations
No additional information available.

15.3. US State regulations
California Proposition 65
FILTRASORB 300
Product Code: 11975
Safety Data Sheet
03/13/2020 FILTRASORB 300
Product Code: 11975
For Internal Use Only: PR #1 6/6
WARNING: This product can expose you to chemicals including Silica: crystalline, quartz, which are known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.

Component Carcinogenicity Developmental
toxicity
Reproductive
toxicity male
Reproductive
toxicity
female
No significant
risk level (NSRL)
Maximum
allowable
dose level
(MADL)
Silica: crystalline,
quartz (14808-60-7)
X
Titanium dioxide
(13463-67-7)
X Not available
Cobalt (7440-48-4) X
Component State or local regulations
Aluminum oxide (1344-28-1) U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Massachusetts - Right To Know List
U.S. - Pennsylvania - RTK (Right to Know) - Environmental Hazard List Calcium sulfate (7778-18-9) U.S. - New Jersey - Right to Know Hazardous Substance List Silica: Crystalline, quartz (14808-60-7) U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) List
U.S. - Massachusetts - Right To Know List
Titanium dioxide (13463-67-7) U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) List
U.S. - Massachusetts - Right To Know List
Cobalt (7440-48-4) U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) List
U.S. - Pennsylvania - RTK (Right to Know) - Environmental Hazard List U.S. - Massachusetts - Right To Know List
SECTION 16: Other Information
Indication of changes : Revision 3.0
Revision Date : 03/13/2020
Other information
For internal use only
:
:

Author: RAK/ADK
PR #1
Prepared according to Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations NFPA health hazard : 0 - Exposure under fire conditions would offer no hazard beyond that of ordinary combustible materials.

NFPA fire hazard : 1 - Must be preheated before ignition can occur.

NFPA reactivity : 0 - Normally stable, even under fire exposure conditions, and are not reactive with water.

HMIS III Rating
Health : 0
Flammability : 1
Physical : 0
Personal Protection :

This information is based on our current knowledge and is intended to describe the product for the purposes of health, safety and environmental requirements only. It should not therefore be construed as guaranteeing any specific property of the product. The information is this document applies to this specific material as supplied. It may not be valid if product is used in combination with other materials. It is the user’s responsibility to determine the suitability and completeness of this information for their particular use. While the information and recommendations set forth herein are believed to be accurate as of the date hereof, Calgon Carbon Corporation makes no warranty with respect to the same, and disclaims all liability for reliance thereon.

SUBMITTAL 3

ISO AND NSF CERTIFICATES
NSF
The NSF (formerly the National Sanitation Foundation) is an international, non-profit organization that is dedicated to public health safety and the protection of the environment by developing performance standards for a broad range of products, especially for drinking water applications. NSF maintains a toxic leachate certification process for materials which come into contact with drinking water. Certain CCC products are certified to meet the NSF 42 and 61 standards. Go to NSF.org for a complete product listing for Calgon Carbon Corporation.

Place and date: For the issuing office:

Katy, TX, 03 May, 2021 DNV - Business Assurance
1400 Ravello Drive, Katy, TX, 77449-5164, USA
Sherif Mekkawy
Management Representative
Lack of fulfilment of conditions as set out in the Certification Agreement may render this Certificate invalid.

ACCREDITED UNIT: DNV Business Assurance USA Inc., 1400 Ravello Drive, Katy, TX, 77449, USA - TEL: +1 281-396-1000. www.dnvglcert.com

MANAGEMENT SYSTEM

CERTIFICATE
Certificate no.:

CERT-09424-2003-AQ-HOU-ANAB
Initial certification date:
06 June, 2012
Valid:
27 May, 2021 – 26 May, 2024
This is to certify that the management system of
Calgon Carbon Corporation
15024 US 23, CATLETTSBURG, KY, 41129, USA
has been found to conform to the Quality Management System standard:

ISO 9001:2015
This certificate is valid for the following scope:

The Manufacture and Packaging/Repackaging of Virgin Granular, Reactivated Granular, Virgin Powder and Specialty Carbons.

Place and date: For the issuing office:

Katy, TX, 09 June, 2021 DNV - Business Assurance
1400 Ravello Drive, Katy, TX, 77449-5164, USA
Sherif Mekkawy
Management Representative
Lack of fulfilment of conditions as set out in the Certification Agreement may render this Certificate invalid.

ACCREDITED UNIT: DNV Business Assurance USA Inc., 1400 Ravello Drive, Katy, TX, 77449, USA - TEL: +1 281-396-1000. www.dnv.com

MANAGEMENT SYSTEM

CERTIFICATE
Certificate no.:

CERT-09423-2006-AQ-HOU-ANAB
Initial certification date:
02 October, 1995
Valid:
15 July, 2021 – 14 July, 2024
This is to certify that the management system of
Calgon Carbon Corporation
13121 Webre Road, Bay St. Louis, MS, 39520, USA
has been found to conform to the Quality Management System standard:

ISO 9001:2015
This certificate is valid for the following scope:

Manufacture of Granular and Powdered Activated Carbon Particles SUBMITTAL 4

CUSTOMER REFRERENCES

F ILTRASORB GAC REFERENCES

NAME CITY STATE ADDRESS CONTACT PHONE
Emerald Coast Utilities Penascola FL 9255 Strudevant St Bobby Rogers 850-969-6626 Vaughn Water Bakersfield CA 10014 Glenn St Denny Armstrong 661-330-3615 Sunnyslope Hollister CA 3570 Airline Highway Jim Flice 831-637-4670 City of Fresno Fresno CA 2600 Fresno St Bob Little 559-621-5355 City of Lodi Lodi CA 1331 South Ham Ln Lance Roberts 209-333-6800 Moon Township Moon PA 150 Fern Hollow Rd. Robert Rateau 412-264-0564 West View Water Pittsburgh PA 210 Perry Hwy Scott McNicol 412-931-3292 San Gabriel Valley El Monte CA 11142 Garvey Ave David Van 626-448-6183 Wright Patterson AFB Greene Co. OH Air Force Base Randolph Fries 937-380-6262 Artesian Water Co Newark DE 664 Churchmans Rd Rob Penman 302-453-6996 Village of Sebring Sebring OH 1191 Knox School Rd Kris Harshman 330-821-7020 Horsham Water Horsham PA 617 Horsham Rd. Michael Pickel 215-672-8011

CUSTOM MUNICIPAL REACTIVATED

GAC REFERENCES

NAME CITY STATE ADDRESS CONTACT NUMBER
City of Glendale Glendale AZ 5850 West Glendale Ave Anita Lutinger 623-930-3971 Lincoln Ave Water Altadena CA 564 West Harriot St Jennifer Bettencourt 626-798-9101
City of Pasadena Pasadena CA 150 South Los Robles Ave Gary Takara 626-744-3729 Cucamonga Valley Water Rancho
Cucamonga CA 10440 Ashford St Eduardo Espinoza 909-987-2591 Burbank Water Burbank CA 3200 W Monterey Ave Albert Lopez 818-861-7253 Stockton East Water Stockton CA 6767 East Main St Mark Wellsfry 209-444-3120 City of Shafter Shafter CA 336 Pacific Ave Michael James 661-746-5002 Cobb County Marietta GA 1660 Barners Mill Rd Patrick Pherson 770-514-5300 Michigan City Michigan City IN 532 Franklin Street Randy Russell 219-874-3228 Hammond Water Works Hammond IN 925 Empress Dr Chuck Pietrucha 219-853-6440 Northern Kentucky Erlanger KY 2835 Crescent Springs Rd Matt Piccirillo 859-441-0482 Lowell Regional Water Lowell MA 815-Pawtucket Blvd Bob Farley 978-970-4242 Guilderland Water Guilderland NY 6011 State Farm Rd Pete Letko 518-861-6510 City of Celina Celina OH 714 Sugar Street Mike Sudman 419-586-2270 Berea Berea OH 10 North Quarry Lane Ken Yee 440-234-5652 Bowling Green Water Bowling
Green OH 304 N Church St Chad Johnson 419-878-6986
Westmoreland County Connellsville PA 801 Riverside Dr Randy Roadman 724-755-5954 San Jacinto Water Conroe TX 1577 Dam Site Rd Ron McCullough 936-828-3856 SUBMITTAL 5

GAC EXCHANGE PROCEDURES

CARBON EXCHANGE PROCEDURES

FOR POTABLE WATER GRAVITY

FILTERS AND VESSELS

CALGON CARBON CORPORATION
P. O. BOX 717, PITTSBURGH, PA 15230 - 0717
PHONE: (800) 4 - CARBON, FAX: (412) 787 - 6676

CARBON EXCHANGE PROCEDURES - FOR POTABLE WATER GRAVITY FILTERS AND VESSELS Page | 1
*These procedures are general in scope and may differ due to differences in scope for each customer and location.

A carbon exchange consists of the removal of spent carbon from a filter and the installation of fresh carbon into the filter. The following procedures can also be used for initial carbon fills.

All spent carbon removals are completed hydraulically using the eduction method from the filter into an open dump truck.

The carbon installation can be completed from bulk truck deliveries or from 1,000-pound super sack deliveries. The eduction method can be used for installation from bulk trucks and from super sacks. A crane can be used to dump the carbon from the super sacks directly into the filter, allowing the filter to be filled when high-pressure water is not available.

The following section lists requirements for accomplishing a carbon exchange. The responsible party is noted after each item, either “customer” or Calgon Carbon “CCC”. The designation of responsibility is for a typical project but can vary based on the specifications of the project.

1. PROJECT REQUIREMENTS
For removal of spent carbon or installation of fresh carbon using the eduction method the following is required:

1. Utilities
a. A water source of at least 90 to 100 psi at 200 gpm. The supplied water source comes from the closest fire hydrant or a line, which is near a pump (i.e., a surface sweep pump). (Customer)
b. A 2-1/2" fire hose reduced to 2" FNPT to connect to the eductor supplied by Calgon Carbon. The connection at the eductor is carbon removal and at the trailer for carbon installation. (CCC)
c. A 3/4" garden hose at the filter for rinsing off the waders used by the labor force for carbon removal and at the trailer to insert in the hopper during carbon installation. (CCC)
d. A drain to handle the disposal of water used in removing the spent carbon. The drain capacity should be equal to or greater than the water supplied for the carbon removal. (Customer)

CARBON EXCHANGE PROCEDURES

FOR POTABLE WATER GRAVITY

FILTERS AND VESSELS

CALGON CARBON CORPORATION
P. O. BOX 717, PITTSBURGH, PA 15230 - 0717
PHONE: (800) 4 - CARBON, FAX: (412) 787 - 6676

CARBON EXCHANGE PROCEDURES - FOR POTABLE WATER GRAVITY FILTERS AND VESSELS Page | 2

2. Manpower
a. A plant operator to open or close plant water valves. (Customer) b. Two (2) or three (3) laborers depending on the extent of work required. (Customer or CCC)
c. Supervision of installation. (CCC)

3. Miscellaneous
a. For installation or removal using a bulk trailer, an area large enough to stage one (1) or two (2) trailers is required. The approximate dimensions of a trailer are 51' long x 8"5" wide x 11'6" high. (Customer)
b. Sufficient storage for the super sacks upon arrival. The recommended storage area is an enclosed building. If this is not available and the carbon is stored outside for an extended period of time, the super sacks should be covered with tarpaulins or plastic and kept away from areas which have inadequate drainage to prevent submersion of any carbon in free-standing water. (Customer) c. The necessary equipment (crane and/or forklift) and manpower to receive and stage the carbon in super sacks prior to loading the filters. The carbon can be hydraulically or dry installed. The super sacks weigh 1,000 pounds each, have an 18" discharge chute, and are stacked two (2) high with a pallet under the bottom super sack. (Customer)
d. The disposal of all super sacks and pallets. (Customer) e. All transfer equipment, which includes a hopper, and eductor, a suction hose with wand, a F/F coupler, carbon slurry hoses, and a trough. (CCC) f. Transportation for spent carbon return and virgin carbon delivery. (CCC) g. Removal/installation sign-off certificates, which require a signature from the site contact and the Calgon Carbon Supervisor. (CCC)
h. Backwash rate curves to correspond with the product, which is installed. (CCC)

CARBON EXCHANGE PROCEDURES

FOR POTABLE WATER GRAVITY

FILTERS AND VESSELS

CALGON CARBON CORPORATION
P. O. BOX 717, PITTSBURGH, PA 15230 - 0717
PHONE: (800) 4 - CARBON, FAX: (412) 787 - 6676

CARBON EXCHANGE PROCEDURES - FOR POTABLE WATER GRAVITY FILTERS AND VESSELS Page | 3

2. PRELIMINARY REQUIREMENTS
Customer should contact their Calgon Carbon Technical Sales Representative ten (10) working days prior to the date they plan to begin the exchange or installation. Subsequent to this notification, Calgon Carbon operations supervisor will work with the customer to reconfirm the start date and determine the equipment required to do the exchange.

3. SPENT REMOVAL - EDUCTION TO BULK TRAILER
a. Prior to spent carbon removal from the filter, the customer must isolate the filter from the treatment mode, complete a backwash, and lower the water level just below the top of the carbon bed so freeboard measurements can be taken. b. While the filter is being backwashed, Calgon Carbon’s supervisor will direct the connection of hoses, eductor and water supply.
c. Take free board measurements, then add water to the filter to a level of 12" to 24" of water above the carbon.
d. The driver prepares his truck to receive the spent carbon by installing a transfer hose to the front of the dump bed and a carbon retention screen on the chute and hooking up a drainage bib to the tailgate (if required) to catch all the water and direct it to a designated drain.
e. The suction hose with a wand is used for removing spent carbon. During carbon removal the operator will be required to add water into the filter to maintain a water level.
f. When it is determined that all the carbon has been removed, backwash the filter for a short amount of time, then take measurements of bed depth to determine if additional material should be removed.
g. When the removal is complete, free board measurements are again taken. Water is added to the filter to a level of 12" to 24" above the sand.

CARBON EXCHANGE PROCEDURES

FOR POTABLE WATER GRAVITY

FILTERS AND VESSELS

CALGON CARBON CORPORATION
P. O. BOX 717, PITTSBURGH, PA 15230 - 0717
PHONE: (800) 4 - CARBON, FAX: (412) 787 - 6676

CARBON EXCHANGE PROCEDURES - FOR POTABLE WATER GRAVITY FILTERS AND VESSELS Page | 4

4. CARBON FILL - EDUCTION FROM A BULK TRAILER
a. The virgin carbon trailer is positioned and set up with Calgon Carbon equipment to educt the carbon into the empty filter. Calgon Carbon Corporation Safe Job Procedure OP-5 (attached) will be used to transfer carbon with an aluminum hopper. b. After the proper carbon level has been installed, the filter should sit overnight in a flooded state and then be backwashed prior to going on line.

If the filter must go into service immediately, a backwash must be completed. The backwash should begin at a low flow rate and be increased gradually to complete the backwash. A backwash removes any entrapped air or carbon fines, and segregates the carbon bed. The rates are determined by water temperature and are found on product bulletins supplied by Calgon Carbon Corporation.
c. Final freeboard measurements are taken after the backwash has been completed to verify that the proper amount of carbon has been installed.
d. All measurements are recorded on Calgon Carbon’s removal/installation certificates and are to be signed by the customer as well as the Calgon Carbon Supervisor upon completion of each filter.
e. The procedure is repeated for each filter to be exchanged. f. After the total job is complete, all equipment must be returned to Calgon Carbon Corporation, and the work area cleaned up before leaving the site.

5. CARBON FILL - EDUCTION FROM SUPERSACKS
This method is similar to the method described in part D except as follows:
a. Use the free-standing hopper instead of the truck mounted hopper. b. A crane or fork truck is necessary to bring super sacks from the storage area to the hopper.

CARBON EXCHANGE PROCEDURES

FOR POTABLE WATER GRAVITY

FILTERS AND VESSELS

CALGON CARBON CORPORATION
P. O. BOX 717, PITTSBURGH, PA 15230 - 0717
PHONE: (800) 4 - CARBON, FAX: (412) 787 - 6676

CARBON EXCHANGE PROCEDURES - FOR POTABLE WATER GRAVITY FILTERS AND VESSELS Page | 5

6. CARBON FILL USING CRANE AND SUPERSACKS

1. The carbon will be furnished in 1,000-pound super sacks. The super sacks have an 18" discharge chute, and are stacked two (2) high with a pallet under the bottom super sack.

2. Sufficient storage for the super sacks shall be provided. The recommended storage area is an enclosed building. If this is not available and the carbon is stored outside for an extended period of time, the super sacks should be covered with tarpaulins or plastic and kept way from the areas which have inadequate drainage to prevent submersion of any carbon in free-standing water.

3. Add 12" to 24" of water to the filter.

4. A crane can be used to dump the carbon from the super sacks directly into the filter. Continue to add water to keep the carbon submerged.

5. After the proper carbon level has been installed, the filter should sit overnight in a flooded state and then be backwashed prior to going on line.

6. If the filter must go into service immediately, a backwash must be completed. The backwash should begin at a low flow rate and be increased gradually to complete the backwash. A backwash removes any entrapped air or carbon fines and segregates the carbon bed. The rates are determined by water temperature and are found on product bulletins supplied by Calgon Carbon Corporation.

7. Final freeboard measurements are taken after the backwash has been completed to verify that the proper amount of carbon has been installed.

8. All measurements are recorded on Calgon Carbon’s removal/installation certificates and are to be signed by the customer as well as the Calgon Carbon Supervisor upon completion of each filter.

9. This procedure is repeated for each filter to be exchanged.

10. After the total job is complete, all equipment must be returned to Calgon Carbon Corporation, and the work area cleaned up before leaving the site.

SUBMITTAL 6

EVIDENCE OF INSURANCE

BID SCHEDULE
The Contractor shall be responsible for calculating and providing unit prices for the bid schedule. The bid schedule shall include all costs for services, labor, materials, equipment, and installation associated with completing the work in place per the plans, specifications and details.

Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 GAC-Complete Project 1 Lump Sum
TOTAL
$80,555.00* $80,555.00*
*Total Price of $80,555.00 assumes Carbon Acceptance Testing passes. If not, disposal of spent carbon is required for additional price of $9,445.00.

Total if Disposal required: $90,000.00

ARTICLES OF AGREEMENT
Granular Activated Carbon Replacement
BID NO. 24-08

IN THE CITY OF LAKEPORT, CALIFORNIA
THIS, AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this 3rd Day of September 2024, BY AND BETWEEN the City of Lakeport, a municipal corporation, hereafter designated as “AGENCY”, and Calgon Carbon Corporation, a Pennsylvania Corporation, hereafter designated as “CONTRACTOR.”
WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the Granular Activated Carbon Replacement, BID NO. 24-08, shall consist of the Notice Inviting Sealed Bids, Instructions To Bidders, Bid Proposal, Bid Schedule, Standard Specifications, Special Provisions, and all referenced specifications, details, standard drawings, and appendices; together with two signed copies of the AGREEMENT, two signed copies of required bonds; one copy of the insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to ensure its completion in an acceptable manner (collectively referred to herein as the “Contract Documents”). All of the provisions of the Contract Documents are made a part hereof as though fully set forth herein.

ARTICLE II: Scope of Work
For and in consideration of the payments and agreements to be made and performed by AGENCY, CONTRACTOR agrees to furnish all materials and equipment and perform all work required for the above-stated project, and to fulfill all other obligations as set forth in the aforesaid contract documents.

AGENCY hereby employs CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices provided herein, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in this AGREEMENT.

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this AGREEMENT, CONTRACTOR offers and agrees to assign to the AGENCY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (Section 16700, et seq.) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to CONTRACTOR, without further acknowledgment by the parties.

ARTICLE III: Compensation
A. CONTRACTOR agrees to receive and accept the prices set forth in the Bid Proposal and Bid Schedule as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. In no event shall the total compensation and costs payable to CONTRACTOR under this Agreement exceed the sum of Eighty Thousand Five Hundred Fifty Five Dollars ($80,555.00,) unless specifically approved in advance and in writing by AGENCY Such compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.

B. This AGREEMENT is subject to the provisions of Article 1.7 (commencing at Section 20104.50) of Division 2, Part 3 of the Public Contract Code regarding prompt payment of contractors by local governments. Article 1.7 mandates certain procedures for the payment of undisputed and properly submitted payment requests within 30 days after receipt, for the review of payment requests, for notice to Contractor of improper payment requests, and provides for the payment of interest on progress payment requests which are not timely made in accordance with that Article. This AGREEMENT hereby incorporates the provisions of Article 1.7 as though fully set forth herein.

C. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with AGENCY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR upon Agency’s confirmation of CONTRACTOR’S satisfactory completion of this AGREEMENT. At any time during the term of this AGREEMENT CONTRACTOR may, at its own expense, substitute securities for funds otherwise withheld as retention (or the retained percentage) in accordance with Public Contract Code § 22300.

ARTICLE IV: Labor Code
AGENCY and CONTRACTOR acknowledge that this AGREEMENT is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and public agencies and agree to be bound by all the provisions thereof as though set forth fully herein. Full compensation for conforming to the requirements of the Labor Code and with other Federal, State and local laws related to labor, and rules, regulations and ordinances which apply to any work performed pursuant to this AGREEMENT is included in the price for all contract items of work involved.

This AGREEMENT is further subject to prevailing wage law, including, but not limited to, the following:

A. The CONTRACTOR shall pay the prevailing wage rates for all work performed under the AGREEMENT. When any craft or classification is omitted from the general prevailing wage determinations, the CONTRACTOR shall pay the wage rate of the craft or classification most closely related to the omitted classification. The CONTRACTOR shall forfeit as a penalty to AGENCY $200.00 or any greater penalty provided in the Labor Code for each Calendar Day, or portion thereof, for each worker paid less than the prevailing wage rates for any work done under the AGREEMENT in violation of the provisions of the Labor Code whether such worker is employed in the execution of the work by CONTRACTOR or by any Subcontractor under CONTRACTOR. In addition, CONTRACTOR shall pay each worker the difference between such prevailing wage rates and the amount paid to each worker for each Calendar Day, or portion thereof, for which each worker was paid less than the prevailing wage rate.

B. CONTRACTOR shall comply with the provisions of Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that CONTRACTOR is responsible for compliance with Section 1777.5 by all of its subcontractors.

C. Pursuant to Labor Code § 1725.5, CONTRACTOR and any subcontractor must be registered with the California Department of Industrial Relations for any bid proposal submitted on or after March 1, 2015, and for any contract for public work entered into on or after April 1, 2015. Further, this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

D. Pursuant to Labor Code § 1776, CONTRACTOR and any subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this AGREEMENT.

Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: (1) The information contained in the payroll record is true and correct; and (2) The employer has complied with the requirements of Labor Code §§ 1811, and 1815 for any work performed by his or her employees on the public works project. The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours as required by Labor Code § 1776.

E. This AGREEMENT is further subject to 8-hour work day and wage and hour penalty law, including, but not limited to, Labor Code Sections 1810 and 1813, as well as California nondiscrimination laws, as follows:

CONTRACTOR shall strictly adhere to the provisions of the Labor Code regarding the 8-hour day and the 40-hour week, overtime, Saturday, Sunday and holiday work and nondiscrimination on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex or sexual orientation, except as provided in Section 12940 of the Government Code. Pursuant to the provisions of the Labor Code, eight hours’ labor shall constitute a legal day’s work. Work performed by CONTRACTOR’s employees in excess of eight hours per day, and 40 hours during any one week, must include compensation for all hours worked in excess of eight hours per day, or 40 hours during any one week, at not less than one and one-half times the basic rate of pay.

CONTRACTOR shall forfeit as a penalty to AGENCY $25.00 or any greater penalty set forth in the Labor Code for each worker employed in the execution of the work by CONTRACTOR or by any Subcontractor of CONTRACTOR, for each Calendar Day during which such worker is required or permitted to the work more than eight hours in one Calendar Day or more than 40 hours in any one calendar week in violation of the Labor Code.

F. This AGREEMENT is subject to Public Contract Code Section 6109: CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Sections 1777.1 or 1777.7 of the Labor Code.

ARTICLE V: Work Site Conditions
A. In compliance with and pursuant to Government Code Section 4215, AGENCY shall assume the responsibility, as between the parties to this AGREEMENT, for the timely removal, relocation, or protection of existing main- or trunk-line utility facilities located on the site of any construction project that is a subject of this AGREEMENT, if such utilities are not identified by AGENCY in the plans and specifications made a part of the invitation for bids. The Contract Documents shall include provisions to compensate CONTRACTOR for the costs of locating, repairing damage not due to the failure of CONTRACTOR to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the project necessarily idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of AGENCY or the owner of a utility to provide for removal or relocation of such utility facilities.

B. To the extent that the work requires trenches in excess of five feet (5’) and is estimated to cost more than $25,000, prior to any excavation, CONTRACTOR must provide the AGENCY, or a registered civil or structural engineer employed by the AGENCY to whom authority has been delegated to accept such plans, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.

If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

C. This AGREEMENT is further subject to Public Contract Code Section 7104 with regard to any trenches deeper than four feet (4’) involved in the proposed work as follows:

CONTRACTOR shall promptly, and before the following conditions are disturbed, notify AGENCY, in writing, of any:
(1) Material that CONTRACTOR believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by all available information provided prior to the deadline for submission of bids. (3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

AGENCY shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or involve hazardous waste, and cause a decrease or increase in CONTRACTOR’s cost of, or the time required for, performance of any part of the work, AGENCY shall issue a change order under the procedures described in this AGREEMENT.

In the event that a dispute arises between AGENCY and CONTRACTOR whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in CONTRACTOR’s cost of, or time required for, performance of any part of the work, CONTRACTOR shall not be excused from any scheduled completion date provided in the AGREEMENT, but shall proceed with all work to be performed under the AGREEMENT. CONTRACTOR shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

ARTICLE VI: Insurance
A. With respect to performance of work under this AGREEMENT, CONTRACTOR shall maintain, and shall require all of its subcontractors to maintain, insurance as required by Section E “Standard Specifications” of the Contract Documents.

B. This AGREEMENT is further subject to Workers’ Compensation obligations, including, but not limited to, California Labor Code Sections 1860 and 1861 as follows:

CONTRACTOR shall take out and maintain, during the life of this contract, Worker’s Compensation Insurance for all of CONTRACTOR’s employees employed at the site of improvement; and, if any work is sublet, CONTRACTOR shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees, unless such employees are covered by the protection afforded by CONTRACTOR. CONTRACTOR and any of CONTRACTOR’s subcontractors shall be required to provide AGENCY with a written statement acknowledging its obligation to secure payment of Worker’s Compensation Insurance as required by Labor Code § 1861; to wit: ‘I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.’ If any class of employees engaged in work under this AGREEMENT at the site of the Project is not protected under any Worker’s Compensation law, CONTRACTOR shall provide and shall cause each subcontractor to provide adequate insurance for the protection of employees not otherwise protected. CONTRACTOR shall indemnify and hold harmless AGENCY for any damage resulting from failure of either CONTRACTOR or any subcontractor to take out or maintain such insurance.

ARTICLE VII: Indemnification
To the fullest extent permitted by law, CONTRACTOR shall, at its sole cost and expense, fully defend, indemnify and hold harmless AGENCY, its authorized representatives and their respective subsidiaries, affiliates, members, directors, officers, employees and agents (collectively, the “Indemnitees”) from and against any and all claims, actions, demands, costs, judgments, liens, penalties, liabilities, damages, losses, and expenses, including but not limited to any fees of accountants, attorneys or other professionals (collectively “Liabilities”), arising out of, in connection with, resulting from or related to, any alleged act, omission, fault or negligence of CONTRACTOR, CONTRACTOR’s Representative, or any of its officers, agents, employees, Subcontractors or Suppliers, or any person or organization directly or indirectly employed by any of them (Collectively, the “Indemnitors”), in connection with or relating to or claimed to be in connection with or relating to the work performed under this AGREEMENT.

CONTRACTOR shall not be entitled to any refund of attorneys’ fees, defense costs and expenses in the event that it is s adjudicated to have been non-negligent.

CONTRACTOR shall not be required to defend or indemnify AGENCY for liabilities caused by the sole active negligence or willful misconduct of the AGENCY.

If CONTRACTOR is a joint venture or partnership, each venturer or partner shall be jointly and severally liable for any and all of the duties and obligations of CONTRACTOR that are assumed under or arise out of this AGREEMENT. Each of such venturers or partners waives notice of the breach or non-performance of any undertaking or obligation of CONTRACTOR contained in, resulting from or assumed under this AGREEMENT, and the failure to give any such notice shall not affect or impair such venturer’s or partner’s joint and several liability hereunder.

ARTICLE VIII: Binding Effect
AGENCY and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto and to its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. This AGREEMENT is not assignable nor the performance of either party’s duties delegable without the prior written consent of the other party. Any attempted or purported assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.

ARTICLE IX: Dispute Resolution
A. Any court action arising out of this AGREEMENT shall be filed in the Lake County Superior Court. Any alternative dispute resolution proceeding arising out of this AGREEMENT shall be heard in the County of Lake.

B. AGENCY shall have full authority to compromise or otherwise settle any claim relating to this AGREEMENT or any part hereof at any time. AGENCY shall provide timely notification to CONTRACTOR of the receipt of any third-party claim relating to this AGREEMENT. AGENCY shall be entitled to recover its reasonable costs incurred in providing the notification required by this section.

C. To the extent applicable, this AGREEMENT is subject to the provisions of Public Contract Code Section 9204, which mandates certain procedures regarding the resolution of public works claims.

This AGREEMENT is further subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by Contractor, for the response to such claims by the Agency, for a mandatory meet and confer conference upon the request of Contractor, for mandatory nonbinding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the parties’ failure to resolve the dispute through mediation. This AGREEMENT hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

ARTICLE X: Independent Contractor
CONTRACTOR is and shall at all times remain as to AGENCY, a wholly independent contractor.

Neither AGENCY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of AGENCY.

ARTICLE XI: Taxes
CONTRACTOR is responsible for paying all retail, sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this AGREEMENT. The CONTRACTOR is responsible for ascertaining and arranging to pay such taxes and duties. The prices established in this AGREEMENT shall include compensation for any taxes the CONTRACTOR is required to pay by laws and regulations in effect as of the execution of this AGREEMENT.

ARTICLE XII: Notices
All notices and communications shall be sent in writing to the parties at the following addresses:

AGENCY: CONTRACTOR:

Paul Harris Jeremy Jones
CITY OF LAKEPORT Calgon Carbon Corporation
225 Park Street 3000 GSK Drive
Lakeport, CA 95453 Moon Township, PA 15108
ARTICLE XIII: Entire Agreement
This AGREEMENT supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this AGREEMENT acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statement or promise not contained in this AGREEMENT shall not be valid or binding. Any modification of this AGREEMENT will be effective only if signed by the party to be charged.

The benefits and obligations of this AGREEMENT shall inure to and be binding upon the representatives, agents, partners, heirs, successors and assigns of the parties hereto. This AGREEMENT shall be construed pursuant to the laws of the State of California.

ARTICLE XIV: Authority to Contract
The signatories hereto represent that they are authorized to sign on behalf of the respective parties they represent and are competent to do so, and each of the parties hereto hereby irrevocably waives any and all rights to challenge signatures on these bases.

ARTICLE XV: General Provisions
A. All reports, documents or other written material (“written products” herein) developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of AGENCY without restriction or limitation upon its use or dissemination by AGENCY. CONTRACTOR may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR.

B. In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.

C. The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph at the head of which it appears, the section or paragraph hereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

D. The waiver by AGENCY or CONTRACTOR of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by AGENCY or CONTRACTOR unless in writing.

E. Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any of all of such other rights, powers or remedies.

F. CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to CITY under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to CONTRACTOR under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of CITY. In addition, pursuant to Government Code Section 8546.7, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of CITY or as part of any audit of CITY, for a period of three (3) years after final payment under the Agreement.

G. This Agreement may be signed in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument. The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.

Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature, electronically scanned and transmitted versions (e.g., via pdf) of an original signature, or a digital signature.
[Signature Page follows]
IN WITNESS WHEREOF the parties hereto for themselves, their heirs, executors, administrators, successors, and assigns do hereby agree to the full performance of the covenants herein contained and have caused this AGREEMENT to be executed in duplicate by setting hereunto their names, titles, hands, and seals this 3rd day of September 2024
CONTRACTOR: Calgon Carbon Corporation
__________________________________________
Contractor’s Sign Name, Title
Business License No. 0540993
Subscribed and sworn to this _______ day of _________, 20__.

NOTARY PUBLIC ______________________________________________ (SEAL) AGENCY: ______________________________ __________
City Manager Date
City of Lakeport
ATTESTED: ______________________________ __________
City Clerk of the Date
City of Lakeport

APPROVED AS
TO FORM: ______________________________ __________
City Attorney of the Date
City of Lakeport
(EXECUTE IN DUPLICATE)

Lakeport City CouncilSeptember 3, 2024

Lakeport City Council
September 3, 2024