Agenda packet — Lakeport City Council, November 4, 2025

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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, THE LAKEPORT GROUNDWATER SUSTAINABILITY AGENCY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT

REDEVELOPMENT AGENCY)
Tuesday, November 4, 2025 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Agenda of November 4, 2025, 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, LAKEPORT GROUNDWATER
SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, November 4, 2025, 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 the Minutes of the City Council Regular Meeting of October 21, 2025; C. Amendment to CM Contract: Adopt a Resolution approving an amendment to the Employment Agreement with the City Manager.

D. Application 2026-001: Approve application 2026-001, with staff recommendations, for 38th Bass Team Fishing Tournament.

E. Application 2025-048: Approve application 2025-048, with staff recommendations, for Christmas Trees on Main Street.

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
B. Employee Introduction: Introduce New Employee-Police Officer Trainee, Sean Minnehan VI PUBLIC HEARINGS:

City Council Agenda of November 4, 2025, Page 3
A. Ordinance Amendment LMC3.05.011 Introduce and waive first reading of an ordinance amending subsection (E) of section 3.05.011 of the Lakeport Municipal Code clarifying public project bidding cost thresholds.

VII. COUNCIL BUSINESS:

A. Community Development Director:

1. Lakeport Disposal Franchise
Agreement
Approve a Resolution of the City Council of the City of Lakeport authorizing the city manager to execute a solid waste franchise agreement with Lakeport Disposal, Inc. and finding the authorization exempt from the California Environmental Quality Act
B. Utilities Director:

1. Contract Award-Green Ranch
Well Drill
Approve the plans, specifications and working details and award a construction contract to Weeks Drilling & Pump Co. for the Green Ranch Well Development Project and authorize the City Manager to execute the construction contract for the bid amount of $195,000.00, with a $19,500.00 (10%) contingency for unforeseen change orders.

2. Vehicle Procurement Authorize the City Manager to sign the associated purchase agreement for the procurement of a 2026 Chevy HD 2WD with a Harbor utility body for $63,827.27.

C. Administrative Service Director:

1. Administrative Analyst
Recruitment
Authorize staff to initiate recruitment for an Administrative Analyst to fill the vacancy currently classified as a GIS/Asset Management Technician.

VIII. CITY COUNCIL COMMUNICATIONS:

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

IX. CLOSED SESSION:

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.
_______________________________________
Kelly Buendia, City Clerk
If you cannot attend in person, and would like to speak on an agenda item, you can access the Zoom meeting remotely:

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To give the City Clerk adequate time to print out your comments for consideration at the meeting, please submit your written comments prior to 3:30 p.m. on Tuesday, October 21, 2025.

Please indicate in the email Subject Line "FOR PUBLIC COMMENT" and list the item number you wish to comment on.

Comments that you want read to the Council will be subject to the three minute time limitation (approximately 350 words).

Written comments that are only to be provided to Council and not read at the meeting will be distributed to the Council prior to the meeting.

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, THE LAKEPORT GROUNDWATER SUSTAINABILITY AGENCY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT

REDEVELOPMENT AGENCY)
Tuesday, October 21, 2025 6:00 p.m.

City Council Chambers, 225 Park Street, Lakeport, California 95453 See Teleconferencing Instructions Below
City Council Minutes of October 21, 2025, 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, LAKEPORT GROUNDWATER SUSTAINABILITY AUTHORITY and THE SUCCESSOR AGENCY TO THE FORMER LAKEPORT REDEVELOPMENT AGENCY)*
Tuesday, October 21, 2025, 6:00 p.m.

I. CALL TO ORDER & ROLL CALL: Mayor Costa called the meeting to order at 6:00 p.m. with Council Members Disney, Mattina, Parlet and Price 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 the 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 the minutes of the City Council regular meeting of September 16, 2025; the Special Meeting of September 30, 2025, and the Special Joint Meeting of September 30, 2025.

C. Warrants Approve the Warrant Register of September 22, 2025 D. Master Salary Schedule Update: Approve a Resolution rescinding Resolution 2996 (2025) and revising the Master Pay Schedule in conformance with California Code of Regulations, Title 2, Section 570.5.

E. Notice of Completion: Pipeline
Project
Adopt the resolution accepting construction of the 2024 Water & Sewer Main Replacement Project, by Ghilotti Construction Company and authorize the filing of the Notice of Completion.

F. Oil Spill Prevention Response Repeal and replace Resolution No. 3000 (2025), entering into a funding agreement with the California Department of Fish and Wildlife (CDFW), accepting grant funds, and authorizing the City Manager, or Public Works Director, to execute all documents for the Oil Spill Response Equipment Staging Grant, Lake County G. Application 2025-046 Approve application 2025-046, with staff recommendations, for Voter Parking.

A motion was made by Council Member Parlet, seconded by Council Member Disney, and unanimously carried by voice vote 5-0-0-0 to approve the Consent Agenda, items A-G as posted.

City Council Minutes of October 21, 2025, Page 3
V. PUBLIC PRESENTATIONS/REQUESTS:

A. Public Input: There was no input offered by the public.

B. Presentation: Climate Adaptation
Plan
Shannon Walker-Smith and Jacqueline Protsman Rohr presented an update o Lake County 2050’s Climate Adaptation Plan, a roadmap to strengthen community and ecosystem resilience to climate hazards. The plan, based on a countywide vulnerability analysis, highlights wildfire, drought, and flooding as key risks and integrates strategies across sectors to protect vulnerable populations and infrastructure. A public draft will be released later this year fo review and local input.

VI. PUBLIC HEARINGS:

A. Consideration of City of Lakeport
Joining Sonoma Clean Power
The staff report was presented by City Manager Ingram. Geof Syphers, Chief Executive Officer of Sonoma Clean Power, commented on the current status of this consideration, given the Board of Supervisors lack of support. Brian Barnacle Board Member of Sonoma Clean Power provided additional comments.

Mayor Costa opened the public hearing at 6:59 p.m. District 4 Supervisor Brad Rasmussen commented on the Board of Supervisor’s response to this opportunity and recommended that the Council encourage staff to continue partnering with the County on this. Mayor Costa closed the public hearing at 7:01 p.m.

The Council did not consider the resolution and ordinance regarding joining Sonoma Clean Power. Staff was provided with direction.

VII. COUNCIL BUSINESS:

A. Public Works Director

1. On-Call Consultant Contract The staff report was presented by Public Works Director Ladd.

A motion was made by Council Member Motion, seconded by Council Member Disney, and unanimously carried by voice vote 5-0-0-0 to authorize City Manager to execute amendments to extend the terms of twelve on-call agreements by one year.

B. Finance Director

1. Budget Amendment The staff report was presented by Finance Director Dizon.

A motion was made by Council Member Disney, seconded by Council Member Parlet, and unanimously carried by voice vote 5-0-0-0 to adopt the resolution to amend the annual budget for fiscal year 2025/26 to authorize the transfer and appropriation of unreserved fund balance.

2. Fourth Quarter Financial
Reports
The staff report was presented by Finance Director Dizon.

The Council did not take formal action on this informational presentation.

City Council Minutes of October 21, 2025, Page 4
VIII. CITY COUNCIL COMMUNICATIONS:

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

Community Development Director Hejnowicz offered no report.

Police Chief Stoebe offered no report.

Utilities Director Harris offered no report.

Finance Director Dizon offered no report.

Administrative Services Director Buendia offered no report.

Public Works Director Ladd offered no report.

Assistant City Attorney Anderson stated that a newly signed bill will soon require officials to complete fiscal and financial training similar to the existing AB124 program.

City Manager Ingram reported the completion of major capital improvement projects, including the long-term Pipeline Project and new asphalt paving on Lakeshore, Martin, and Main Streets, noting their significant positive impact on the community.

Council Member Mattina reported a successful Cal Cities conference, highlighting excellent educational sessions, productive networking with Clear Lake officials, and gratitude for Lakeport’s professional and respectful council meetings amid rising incivility and staff burnout in other cities.

Mayor Pro Tem Disney reported that the Cal Cities Conference was highly valuable, highlighting a session on increasing youth involvement that inspired plans to strengthen outreach with the local high school. She also noted the festive local season with successful community events such as the Harvest Festival, Halloween celebrations, and National Night Out.

Council Member Parlet thanked the City and community for supporting attendance at the Cal Cities Conference, noting its strong value and excellent keynote by Erin Brockovich. He remarked on other cities’ financial struggles, expressing appreciation for Lakeport’s balanced budget, and praised city staff for their outstanding, well-crafted reports—especially the detailed and persuasive Sonoma Clean Power report.

Council Member Price reported ongoing coordination with school officials to enhance youth engagement, including exploring possible activities during winter break. She also noted the success of the LMSA Harvest Festival and announced that planning is underway for the upcoming Dickens Day Festival.

Mayor Costa reported on insights from the Cal Cities Conference, noting the legal tension between state housing mandates and wildfire risk laws, and urged proactive planning for safety and evacuation as Lakeport grows—particularly near Westside Park. She also mentioned exploring improvements like lighting for park safety and the potential 2026 Seaplane event focused on youth engagement.

CLOSED SESSION: Mayor Costa adjourned the open session at 7:40 p.m., to consider the following:

1. CONFERENCE WITH LABOR NEGOTIATOR (Gov. Code § 54957.6) City Negotiator: Mackenzie Anderson
Unrepresented Employee: City Manager
Report out of Closed Session: Mayor Costa returned to open session at 7:53 p.m., with no reportable action.

ADJOURNMENT: Mayor Costa adjourned the meeting at 7:54 p.m.

City Council Minutes of October 21, 2025, Page 5
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.
_______________________________________
Kim Costa, Mayor
Attest:
_______________________________________
Kelly Buendia, City Clerk
Meeting Date: 11/04/2025 Page 1 Agenda Item #IV.C
421339.1

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

STAFF REPORT
RE: Amendment No. 3 to City Manager Employment Agreement MEETING DATE: 11/4/2025 SUBMITTED BY: Kelly Buendia, Administrative Services Director PURPOSE OF REPORT: ☐Information only ☐ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to approve Amendment No. 3 to the City Manager Employment Agreement to align with the California Intergovernmental Risk Authority (CIRA)’s revised Chief Executive Separation Coverage Policy; and to authorize the Mayor and City Clerk to execute the amendment on behalf of the City.

BACKGROUND/DISCUSSION:

The California Intergovernmental Risk Authority (CIRA) provides coverage to assist member agencies with severance payments for chief executives terminated without cause. In August 2025, CIRA approved changes to its Chief Executive Separation Coverage program to encourage member agencies to include consistent, risklimiting provisions in executive contracts.

Beginning January 1, 2026, member agencies with a minimum 12-month severance provision, and an approved liability waiver (release of claims) will be exempt from paying future premiums into the program.

To qualify for this exemption and align with CIRA’s policy, Amendment No. 3 revises Section 5 (Termination) of the City Manager’s contract to:
• Limit severance to 12 months’ salary, plus accrued leave and one month of health insurance; and • Require execution of a General Release of Claims as a condition of payment.

These changes meet CIRA’s exemption criteria and will eliminate the City’s obligation to pay future premiums for this coverage. The City Attorney’s office has met with the City Manager to negotiate these new terms.

OPTIONS:

1. The City Council could opt not to make amendments to the contract in alignment with CIRA policy.

2. Provide alternative direction.

FISCAL IMPACT:
☒ None ☐ Amount Budgeted Item? ☐Yes ☒ No
Budget Adjustment Needed? ☐Yes ☒ No If yes, amount of appropriation increase:

Meeting Date: 11/04/2025 Page 2 Agenda Item #IV.C
421339.1
Affected fund(s): ☒ General Fund ☐ Water OM Fund ☐ Sewer OM Fund ☐ Other:

Comments: Approval will result in ongoing savings from discontinued premium contributions to the CIRA fund.

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 a Resolution approving an amendment to the Employment Agreement with the City Manager. ☒ Attachments: 1. Employment Agreement with Amendments – Kevin Ingram

2. Resolution Approving an Amendment

3. Exhibit A - Employment Agreement Amendment 3 (Proposed) – Kevin Ingram

421342.1
RESOLUTION NO. XXX (2025)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT APPROVING AN

AMENDMENT TO THE EMPLOYMENT AGREEMENT WITH THE CITY MANAGER

RECITALS
A. Effective August 1, 2020, the City and the City Manager entered into that certain “Agreement for Services between the City of Lakeport and Kevin M. Ingram” (the “Agreement”).

B. Effective December 20, 2022, the City Council amended the Agreement to provide for additional compensation (“Amendment #1”).

C. Effective March 4, 2025, the City Council amended the Agreement to extend the term of the Agreement and provide for additional compensation and benefits (“Amendment #2”).

D. The City’s risk pool, the California Intergovernmental Risk Authority (CIRA) has recently revised its Chief Executive Separation Coverage Policy. Pursuant to this policy, the City would be exempt from paying certain risk premiums to CIRA if it modifies the Agreement to include a 12-month severance provision and to require a pre-approved waiver of liability as a condition to payment of severance.

E. The City and City Manager desire to amend the Agreement to comport with the recently adopted CIRA policy and to modify the timing of severance installment payments.

NOW, THEREFORE, the City Council of the City of Lakeport does resolve as follows:

1. The “Agreement for Services between the City of Lakeport and Kevin M. Ingram Amendment #3,” attached hereto as Exhibit “A” and fully incorporated herein by this reference (“Amendment #3”), is hereby approved and the Mayor is authorized to execute Amendment #3 on the City’s behalf.

2. This Resolution shall take effect immediately upon its adoption.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lakeport held on this ___ day of November, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: _________________________________
421342.1
Kim Costa, Mayor
_______________________
Attest:
___________________________
Kelly Buendia, City Clerk
411306.5 1

EXHIBIT A

AGREEMENT FOR SERVICES BETWEEN
THE CITY OF LAKEPORT AND KEVIN M. INGRAM
AMENDMENT #3
This Amendment #3, dated November 4, 2025 (“Effective Date”), hereby amends the Agreement for Services between the City Council of the City of Lakeport and Kevin M. Ingram, dated August 1, 2020, for services to be performed by Manager in the position of City Manager (“Agreement”) as amended by Amendment #1 to the Agreement, dated December 20, 2022 (“Amendment #1”) and Amendment #2 to the Agreement, dated on or about March 4, 2025 (“Amendment #2”) . The City of Lakeport is referred to herein as “City.” Kevin M. Ingram is referred to herein as “Manager.” This Amendment #3 modifies the original Agreement, Amendment #1, and Amendment #2 between the parties in the following fashion:

A. Subsection (A) of Section 5 (“Termination”) is amended to read as follows:

The City Council may at any time terminate Manager without cause. If the City Council terminates Manager without cause, and if Manager signs, delivers to the City Council, and does not revoke, the General Release Agreement (“Release Agreement”) in the form attached hereto as Exhibit “A”, then the City agrees to pay Manager a cash payment equal to twelve (12) months’ aggregate salary, based on Manager’s base salary in effect on the date of termination plus accrued vacation and sick leave benefits and one month’s health insurance. This cash payment shall be paid (after required deductions and withholdings) in the form of an initial lump sum of six (6) months’ wages, with the remainder to be paid in equal monthly installments at such time as other City employees are normally paid. No other compensation or benefits shall be paid except as referenced in Sections 7(E) and 7(F) of this Agreement. Such payment by the City will release the City from any further obligations or liabilities under this Agreement. Notwithstanding the foregoing to the contrary, the Employee shall not be entitled to be paid severance pay in the event (i) this Agreement expires and is not renewed, or (ii) Employee’s employment is terminated due to his death or permanent disability.

In the event that Manager finds other employment within six (6) months of termination, Manager will notify City and payment for health insurance shall cease. In no event shall Manager ever receive more severance pay and benefits than the number of months remaining within Agreement. In no event shall the above 411306.5 2
lump sum and health insurance payments exceed the amounts determined pursuant to Article 3. 5 (commencing with Section 53260) of Chapter 2 Part 1 of Division 2 of Title 5 of the Government Code.

B. Exhibit “A,” attached hereto, is incorporated by reference herein.

Except as modified herein, the terms of that Agreement dated August 1, 2020, the Amendment #1 to the Agreement dated December 20, 2022, and Amendment #2 to the Agreement, dated on or about March 4, 2025, shall remain in full force and effect.

The signatures of the parties below indicate that each has read and understood the Agreement, as amended, and will abide by the terms stated herein.

The parties have executed this Amendment #3 on the dates stated below.

CITY OF LAKEPORT, MANAGER,
a municipal corporation Kevin M. Ingram
By: ______________________________ By: ______________________________ Kim Costa, Mayor
Dated: _____________________________ Dated: _____________________________ ATTEST:
_________________________________
Kelly Buendia, City Clerk
411306.5 3
Exhibit A

GENERAL RELEASE AGREEMENT
This General Release Agreement (“Release Agreement”) is entered into on this __ day of ________, 20___ (“Effective Date”) by and between _________________________ (“Manager”) and CITY OF LAKEPORT (“City”), in light of the following facts:

Recitals
A. Manager’s employment with City concluded on __________________________.

B. Certain disputes have arisen between City and Manager.

C. City and Manager each deny any liability whatsoever to the other.

D. City and Manager wish to fully and finally resolve any and all disputes they may have with each other.
[If Manager is 40 years of age or older when this Release Agreement is executed, add following Recitals E and F]
E. Manager is hereby informed that he has twenty-one (21) days from receipt of this Release Agreement to consider it. City hereby advises Manager to consult with his legal counsel before signing this Release Agreement.

F. Manager acknowledges that for a period of seven (7) days following the signing of this Agreement (“Revocation Period”), he may revoke the Release Agreement. This Release Agreement shall not become effective or enforceable until the day the Revocation Period has expired.

G. Manager acknowledges that the Salary Payment referenced in Section 1 of this Release Agreement represents all compensation, including salary, accrued benefit balances and reimbursed expenses, due and payable to him through the date of employment termination. Manager also acknowledges that City has made this Salary Payment without regard to whether he signs this Release Agreement. The Salary Payment does not constitute consideration for this Release Agreement.

Agreement

1. Receipt of Salary Payment. Manager hereby acknowledges receipt of a check or checks for all compensation owing to him, including salary, accrued benefit balances, and reimbursed expenses (“Salary Payment”) from City.

2. Severance. Following Manager’s signing, delivering to the City, and not revoking this Release Agreement, City shall pay Manager the gross amount as provided for in Section 5 of the Manger’s Employment Agreement, less applicable deductions. Manager acknowledges that the Severance is in excess of all amounts due and owing him/her as a result of his employment by City. 411306.5 4

3. General Release In consideration of the Severance to be paid and provided to Manager, and other good and valuable consideration, Manager, on behalf of himself, his heirs, executors, administrators, representatives, assigns and successors, hereby fully, finally, and forever discharges and releases: the City; its City Council and each and every member of the City Council, both past, present and future, individually; all City related Boards and Commissions and the present, past and future members thereof; all present, past and future elected and appointed officials and officers of the City or appointed by the City; all agents, employees, attorneys, consultants, officers, directors, (whether former or current); all successors, assigns, and insurers; (all hereafter singly and collectively referred to as “the Released Parties”), from any and all claims, charges, complaints, promises, agreements, controversies, suits, rights, costs, losses, debts, actions, grievances, judgments, obligations, damages, expenses (including any claims for attorneys’ fees and costs), demands, causes of action, liability, and obligation of any kind or nature, whether known or unknown, suspected or unsuspected, anticipated and unanticipated which Manager has, owns or holds, or claims to have, own or hold, or may have, own or hold against the City and the Released Parties based upon, arising out of or related to any matter, cause, fact, thing, act, or omission whatsoever occurring or existing at any time to and including the Effective Date of this Release Agreement, except for the obligations of the City set forth in this Release Agreement, including but not limited to: (a) Any and all claims for wages, salary, paid leave, and/or benefits; (b) Any grievance or other administrative remedy deriving from any law, rule, regulation or City policy; (c) Any and all claims for wrongful or constructive discharge and/or reinstatement; (d) Any and all claims relating to any contracts, express or implied, or breach of the covenant of good faith and fair dealing, express or implied; (e) Any and all tort claims of any nature, including but not limited to fraud, deceit, misrepresentation, negligent misrepresentation, defamation, invasion of privacy, negligent or-intentional infliction of emotional distress; (f) Any and all claims of discrimination, harassment, retaliation, or failure to accommodate under Federal, State, or municipal statute or ordinance, pertaining to but not limited to race, national origin, color, age, sex, gender, sexual orientation, disability, religion, marital status, whistleblower, protected activity, or any other legally recognized protected status, and including, but not limited to, any claims under the United States Constitution, California Constitution, California Fair Employment and Housing Act, Family and Medical Leave Act, California Family Rights Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, 42 U.S.C. Section 1981, 42 U.S.C. Section 1983, the Americans with Disabilities Act and comparable state statutes and regulations, the Age Discrimination in Employment Act of 1967 (“ADEA”), the Older Workers’ Benefit Protection Act, the California Labor Code including but not limited to Section 1102.5, any and all state and federal whistle-blower statutes and/or freedom of speech causes of action; the California and United States Constitution; the Equal Pay Act of 1963, the Equal Pay Act of 1963; the Fair Labor Standards Act (“FLSA”); the Civil Rights Act of 1866, and any other laws and regulations relating to employment and/or discrimination; (g) The California Occupational Safety and Health Act, as amended, and any applicable regulations thereunder; (h) The California Consumer Credit Reporting Agencies Act – Cal. Civ. Code § 1785 et seq; (i) California Investigative Consumer Reporting Agencies Act – Cal. Civ. Code § 1786 et seq; (j) Any other federal, state or local civil or human rights law or any other federal, state or local law, regulation or ordinance; (k) Any public policy, contract, tort, or common law; and/or (l) Any basis for recovering costs, fees or other expenses including attorneys’ fees incurred in these matters. 411306.5 5
Manager hereby waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of California. Manager understands and acknowledges the significance and consequences of this specific waiver of Section 1542. Section 1542 of the Civil Code of California states as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of City and the Released Parties, Manager expressly acknowledges that this General Release is intended to include in its effect, without limitation, all claims which he does not know or suspect to exist in his favor.

Manager further acknowledges that he has read this General Release and that he understands that this is a general release, and that he intends to be legally bound by the same.

SIGNED ACKNOWLEDGMENT: _________________________________ [If Manager is 40 years of age or older when this Release Agreement is executed, add following paragraph: With regard to Manager’s waiver of rights under the ADEA and Older Workers’ Benefit Protection Act only (see 29 CFR Section 1625.22), such waiver shall not be deemed to waive rights or claims that may arise after the Effective Date of this Release Agreement. Manager is waiving his rights to sue City and the Released Parties on any basis related to his age.] Notwithstanding anything herein to the contrary, Manager does not release any claim that by law he cannot release, including any worker’s compensation claim, and any claim for unemployment benefits.

4. Collective/Class Action Waiver. If any claim described in Section 3 of this Release Agreement is not subject to release, the consideration provided to Manager in this Release Agreement shall be the sole relief provided to her for the claims that are released by Manager herein and he will not be entitled to recover and agrees to waive any monetary benefits or recovery against the City in connection with any such claim, charge or proceeding without regard to whom has brought such complaint or charge.

Additionally, if any claim is not subject to release, to the extent permitted by law, Manager waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which the City or any other of the Released Parties identified in this Release Agreement is a party.

5. Continuing Effects. Manager further agrees to waive any claim for damages occurring at any time after the date that Manager signs this Release Agreement because of alleged continuing effects of any alleged discriminatory or other wrongful acts or omissions involving the Released Parties, which occurred on or before Manager signs this Release Agreement. Manager further agrees to waive any right 411306.5 6
he may have to sue for injunctive relief against the alleged continuing effects of any alleged discriminatory or other wrongful acts or omissions occurring prior to and including the date that Manager signs this Release Agreement.

6. Severability. If for any reason any provision of this Release Agreement is determined to be invalid, unenforceable, or contrary to any existing or future law to any extent, such provision shall be enforced to the extent permissible under the law and such invalidity, unenforceability or illegality shall not impair the operation of or otherwise affect those portions of this Release Agreement which are valid, enforceable and legal.

7. Binding Effect. This Release Agreement is and shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, affiliates, predecessors, successors and assigns.

Each person executing this Release Agreement represents and warrants for the benefit of the Parties that he or she is actually authorized to enter into this Release Agreement and to bind his or her principal to this Release Agreement.

8. Fees and Costs. Manager and City agree that in the event of litigation relating to this Release Agreement, the prevailing party shall be entitled to recover his/her/its reasonable attorney’s fees and costs.

CITY OF LAKEPORT
Dated: ____________________________ By: _________________________________ Mayor

MANAGER
Dated: ____________________________ By: ___________________________________ ATTEST:

Dated: ____________________________ By: ___________________________________ City Clerk
APPROVED AS TO FORM:

Dated: ____________________________ By: ___________________________________ City Attorney

Memorandum
DATE: October 27, 2025
TO: Trina Kollasch
FROM: Pheakdey Preciado, Senior EHS
RE: G2026-001 APP 38th Clear Lake Bass Team Fishing
Tournament/SR0017396
APN: Third Street Boat Ramp, City of Lakeport
If there is going to be food for sale or to be given away, then the Lake County Chamber of Commerce (Sponsors) must apply and pay for a temporary permit for a community event at least two weeks prior to the event from the Lake County Environmental Health Division Office. The food vendors must apply and pay for the temporary permit for the community event from the Lake County Environmental Health Division Office at least two weeks prior to the event.

Please note:

1. If the sponsor is going to be selling food at this event, then the sponsor must also apply and pay for a food vendor permit.

2. The temporary permit, once issued, is not transferable, and is only good for that specific community event only.

COUNTY OF LAKE
Health Services Department
Environmental Health Division
922 Bevins Court
Lakeport, California 95453-9739
Telephone 707/263-1164
FAX 707/263-1681
Anthony Arton
Health Services Director
Craig Wetherbee
Environmental Health Director
Promoting an Optimal State of Wellness in Lake County

Meeting Date: 11/04/2025 Page 1 Agenda Item #VI.A
420560.1

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: First Reading of Ordinance Amending Lakeport Municipal Code Section 3.05.011(E) — Automatic Adjustment of Public Project Cost Thresholds
MEETING DATE: 11/4/2025
SUBMITTED BY: Ron Ladd, Public Works Director
PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

Introduce by title only and waive the first reading of an Ordinance amending Section 3.05.011(E) of the Lakeport Municipal Code to clarify that the dollar thresholds established in subsections A, B, and C automatically adjust as necessary to comply with any adjustment mandated by the State Controller pursuant to Public Contract Code Section 22020.

BACKGROUND/DISCUSSION:

Lakeport Municipal Code (LMC) Section 3.05.011 establishes dollar thresholds for public project contracting in accordance with the California Uniform Public Construction Cost Accounting Act (Public Contract Code §22000 et seq.).

Subsections (A) and (B) set limits for projects that may be performed by city forces or through informal bidding, while subsection (C) establishes the threshold for projects requiring formal bidding.

Under Public Contract Code §22020, the State Controller is authorized to periodically adjust these thresholds to account for inflation. LMC Section 3.05.011(E) currently provides that the limits in subsections (A) and (B) automatically adjust to reflect those changes, without further City Council action.

As currently written, subsection (E) refers only to subsections “A and B,” which may create ambiguity regarding whether the $200,000 formal bidding threshold in subsection (C) also automatically adjusts when the State Controller updates the limits.

The City Attorney has recommended clarifying subsection (E) to include subsection (C) as well. This amendment will ensure consistency and eliminate any uncertainty that all cost thresholds in Section 3.05.011 automatically adjust in compliance with state law.

This is a minor, non-substantive clarification that aligns the Lakeport Municipal Code with the intent and operation of the Uniform Public Construction Cost Accounting Act.

Meeting Date: 11/04/2025 Page 2 Agenda Item #VI.A
420560.1
This item represents the first reading of the proposed ordinance. If introduced, the ordinance will be brought back at a subsequent regular City Council meeting for second reading and adoption.

ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 17378(b)(5) and 15061(b)(3), as this amendment clarifies the administration of the City’s bidding thresholds for public works contracts and does not involve any commitment to any activity which may result in a potentially significant effect on the environment.

OPTIONS:

No other options recommended
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:

Move to introduce and waive first reading of an ordinance amending subsection (E) of section 3.05.011 of the Lakeport Municipal Code clarifying public project bidding cost thresholds.

Attachments: 1. Ordinance clarifying public project bidding cost thresholds ORDINANCE NO. [XXX] (2025)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKEPORT AMENDING SUBSECTION (E) OF SECTION 3.05.011 (PUBLIC PROJECTS) OF CHAPTER 3.05 (AWARDING PUBLIC WORKS CONTRACTS) OF TITLE 3 (REVENUE AND FINANCE) OF THE LAKEPORT MUNICIPAL CODE RELATING TO PUBLIC PROJECT

BIDDING COST THRESHOLDS
The City Council of the City of Lakeport does hereby ordain as follows:

SECTION 1. Amendment. Subsection (E) of Section 3.05.011 of the Lakeport Municipal Code is hereby amended to read as follows (added text underlined; deleted text struck through):

E. The dollar limits set forth in subsections A, and B, and C of this section shall adjust without City Council action as necessary to comply with any adjustment mandated by the Controller pursuant to the authority granted by Public Contract Code Section 22020.

SECTION 2. CEQA. The adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15378(b)(5) and 15061(b)(3) as this amendment clarifies the administration of the City’s bidding thresholds for public works contracts and does not involve any commitment to any activity which may result in a potentially significant effect on the environment.

SECTION 3. Severability. Should any provision of this Ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to any other person or circumstance and, to that end, the provisions hereof are severable.

SECTION 4. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

SECTION 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall give notice of its adoption as required by law. Pursuant to Government Code section 36933, a summary of this Ordinance may be published and posted in lieu of publication and posting the entire text.

INTRODUCED and first read at a regular meeting of the City Council on the 4th day of November, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

FINAL PASSAGE AND ADOPTION by the City Council of Lakeport occurred at a meeting thereof held on the ___ day of _____________, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
___________________________
KIM COSTA, Mayor
ATTEST:
_____________________________
KELLY BUENDIA, City Clerk
Meeting Date: 11/04/2025 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: Resolution Authorizing the Execution of a New Solid Waste Franchise Agreement with Lakeport Disposal, Inc.

MEETING DATE: 11/04/2025
SUBMITTED BY: Joey Hejnowicz, Community Development Director PURPOSE OF REPORT: ☐Information only ☐ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to approve a resolution authorizing the execution of a new solid waste collection Franchise Agreement between the City of Lakeport and Lakeport Disposal.

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 an exclusive 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 current Franchise Agreement term is set to expire on December 31, 2026.

DISCUSSION
With the current franchise agreement scheduled to expire on December 31, 2026, City staff, in coordination with R3 Consulting Group, Inc. (R3) and the City Council Solid Waste Subcommittee (Subcommittee), engaged in a series of meetings over the past year to evaluate long-term options for solid waste collection services in Lakeport. As part of this process, the Subcommittee carefully reviewed the existing agreement, explored potential service alternatives, and considered the benefits of developing a new franchise agreement with Lakeport Disposal.

Following several negotiation sessions between the City team and Lakeport Disposal, a new franchise agreement was developed that incorporates modernized provisions while maintaining continuity in service delivery. After extensive discussion, the Solid Waste Subcommittee determined that a new agreement with Lakeport Disposal represented the most prudent path forward and recommended that the agreement be presented to the full City Council for consideration and approval (Attachment 1).

Meeting Date: 11/04/2025 Page 2 Agenda Item #VII.A.1

OVERVIEW OF AGREEMENT
The franchise agreement establishes the terms under which Lakeport Disposal, Inc. will provide solid waste, recyclables, organics, and food waste collection, processing, and disposal services within the City. It replaces the 2015 agreement and continues the exclusive franchise arrangement with updated provisions to address current operational, financial, and regulatory needs.

1. Term and Extensions
• The base term runs through June 30, 2029.
• Includes two optional five-year extensions (to 2039) at the City’s sole discretion, contingent on Lakeport Disposal compliance.
• Lakeport Disposal must request extensions in advance and provide financial stability documentation.

2. Assignment Extension
• If Lakeport Disposal sells to a qualified hauler and City Council approves the assignment, the agreement term is automatically extended an additional 15 years.

3. Exclusive Franchise Rights
• Lakeport Disposal retains the exclusive right to collect, transport, process, and dispose of all solid waste and recyclables generated within City limits and future annexations (with certain exceptions for selfhauling and donations).

4. City Services
• Lakeport Disposal provides weekly no-cost collection services for City-owned facilities, parks, Main Street litter containers, and transit stops.
• Includes up to four special events per year and debris box services upon request.

5. Extraordinary Cost Adjustments
• Allows Lakeport Disposal to apply for extraordinary rate adjustments (limited to three over the agreement term) if significant uncontrollable cost increases occur. • Applications require City Council approval, financial justification, and a $20,000 deposit for City review costs.

6. Financial Safeguards
• Performance Bond: Lakeport Disposal must maintain a $100,000 performance bond securing compliance with obligations.
• Financial Stability: To request term extensions, Lakeport Disposal must maintain a $100,000 line of credit with utilization capped at 50% and disclose changes in creditworthiness to the City.

7. Accountability and Oversight
Meeting Date: 11/04/2025 Page 3 Agenda Item #VII.A.1
• Lakeport Disposal is accountable to the City for performance and must comply with federal, state, and local regulations.
• The City retains oversight through performance standards, reporting requirements, and the ability to enforce compliance.

EXPANDED ANALYSIS OF NEW FRANCHISE AGREEMENT PROVISIONS The majority of the newly proposed franchise agreement remains relatively consistent with the City’s 2015 agreement. However, a number of important new provisions have been incorporated, as detailed in the following section.

Franchise Agreement Term (Section 1.5)
The proposed franchise agreement is extended and effective through June 30, 2029. The agreement includes two potential five-year extension options:
• First Extension: July 1, 2029 – June 30, 2034
• Second Extension: July 1, 2034 – June 30, 2039
To exercise an extension, Lakeport Disposal must submit a written request at least 21 months in advance (by September 30, 2027 for the first option and by September 30, 2032 for the second).

Approval of extensions is at the sole discretion of the City and must be provided in writing. The City may only grant an extension if Lakeport Disposal is in material compliance with the agreement at the time of request, and Lakeport Disposal must provide compliance documentation with each request.

Assignment Extension (Section 1.5.2)
The franchise agreement includes an additional clause intended to provide Lakeport Disposal with flexibility in the event of a potential sale of the company. Under this provision, if Lakeport Disposal facilitates the sale of its operations to a qualified solid waste hauling company and requests City authorization for assignment of the agreement, the City Council has the authority to grant such authorization in accordance with Section 2.6 of the agreement.

As part of this authorization, the agreement provides for a fifteen (15) year extension of the franchise term, thereby extending the agreement for an additional fifteen years beyond its then-current expiration date.

This clause was added by the City to provide Lakeport Disposal with a greater opportunity to preserve the value of its franchise and to ensure continuity of service through the potential assignment to a qualified operator, should the company determine such a transfer to be in its best interest.

Various Service Enhancements and New Reporting Requirements (Section 2.1.4) The new solid waste franchise agreement provides a range of service enhancements and expanded reporting requirements that improve customer service, regulatory compliance, and coordination with the City. Under the new agreement, the Contractor will continue to provide comprehensive collection services for all waste Meeting Date: 11/04/2025 Page 4 Agenda Item #VII.A.1
streams—including solid waste, recyclables, green waste, and food/organic waste—to residential and commercial customers, using uniform, containerized collection systems. Containers will be delivered to new customers within 24 to 48 hours, maintained in good repair, and replaced as needed, with all containers required to meet State color and labeling standards by 2036. Enhanced services include backyard collection for disabled residents at no extra charge, one annual bulky item pickup per household, Citywide and on-call cleanup events, expanded Christmas tree collection, and complimentary collection at City facilities, parks, and special events.

The agreement also establishes new or strengthened requirements for reporting and public education. The Contractor will provide quarterly and annual reports detailing tonnage, diversion rates, contamination levels, and recycling performance, as well as information necessary for the City to meet State reporting obligations under AB 341 and, if applicable in the future, SB 1383. The Contractor must also coordinate with the City to implement expanded organics recycling programs should Lake County’s current rural exemption expire. In addition, the Contractor will carry out a public awareness campaign that includes biannual outreach through billing inserts, business waste reduction efforts, and educational materials for new customers. These provisions collectively enhance service reliability, improve data transparency, and position the City to remain in compliance with evolving State solid waste regulations.

Adjustments Due to Extraordinary Change in Cost (Section 2.3.3.5) The franchise agreement includes a provision that allows for extraordinary rate adjustments in the event of infrequent, significant cost increases that go beyond the standard annual rate adjustment process. This clause was developed as a compromise between the City and Lakeport Disposal. While Lakeport Disposal had originally sought authority to apply recycling and fuel surcharges throughout the year to address sharp cost increases, the City preferred to avoid multiple annual adjustments. As a result, this provision was adopted to provide a fair and reasonable framework for addressing such circumstances.

Under the agreement, Lakeport Disposal may request an extraordinary rate adjustment if an event or condition arises that substantially impacts its economic operations and is outside its reasonable control. Such adjustments are subject to the following key limitations and safeguards:
• City Council Approval: Any extraordinary adjustment requires formal approval by the City Council. • Limit on Requests: Lakeport Disposal may make no more than three (3) requests for extraordinary adjustments during the full term of the agreement.
• Contractor’s Burden: Lakeport Disposal must fully justify the request, provide detailed financial documentation, and cover all costs associated with preparing the application. • City Review Costs: Each application must include a $20,000 deposit to defray the City’s review costs, with any unused funds returned to Lakeport Disposal and additional documented costs reimbursed if necessary.
• Timeline: The City must act on a completed request within 90 days, and any approved changes would take effect on July 1 or as otherwise agreed.

Meeting Date: 11/04/2025 Page 5 Agenda Item #VII.A.1
This provision ensures that while Lakeport Disposal has a mechanism to seek relief from extraordinary cost pressures, the process remains controlled, transparent, and subject to City oversight, thereby protecting ratepayers from frequent or unjustified increases.

Performance Bond (Section 2.5.3)
Lakeport Disposal must furnish a $100,000 performance bond at the time the franchise agreement is executed, in a form approved by the City Attorney, and maintain it for the entire term of the agreement.

If Lakeport Disposal breaches any obligation, the City may issue written notice to both Lakeport Disposal and the surety demanding satisfactory compliance with the agreement. The bond must be accompanied by a Power of Attorney (authorizing the surety’s agent to bind the surety).

A performance bond provides a third-party guarantee that the hauler will meet all contract obligations; if they default, the City can call the bond to fund interim collection or corrective actions, protecting public health and service continuity. It shifts financial risk away from the City and ratepayers and incentivizes compliance because the surety can be compelled to perform or pay. The surety’s underwriting also serves as an independent check on the contractor’s financial capacity.

Financial Stability (Section 2.5.4)
Prior to requesting an extension of the agreement term, Lakeport Disposal will be required to establish a $100,000 line of credit with a reputable financial institution. This measure is intended to demonstrate the contractor’s creditworthiness and ability to meet its financial obligations, while providing the City with added assurance regarding the stability of essential solid waste services.

The provision further requires that the line of credit not be utilized in excess of 50 percent of its available limit at any time. In addition, Lakeport Disposal must provide prompt written notice to the City of any deterioration in creditworthiness, or if borrowing exceeds the 50 percent threshold. To support transparency and oversight, Lakeport Disposal will be required to submit all loan documentation, covenants, and any subsequent reporting or correspondence related to its financial arrangement. Any changes in Lakeport Disposal’s relationship with the lender must be reported to the City within five business days.

This provision reflects the City’s responsibility to ensure that solid waste collection remains reliable, financially sound, and in the best interest of the community. By requiring clear evidence of financial stability as a condition of any term extension, the City is acting proactively to protect ratepayers and stakeholders while promoting continuity and accountability in the delivery of services.

Exhibit B – City Services
Under Exhibit B – City Services, Lakeport Disposal will continue to provide, at no cost, the weekly collection of solid waste, organic waste, food waste, and recyclables from designated City-owned facilities, parks, and public areas. The contractor will furnish and maintain the necessary bins and carts at each location. Facility-based service includes City Hall, the Silveira Community Center, Police Department, Public Works and Utilities Yards, as well as Library Park, Xabatin Park, and Westside Community Park.

In addition to facility-based services, Lakeport Disposal will continue to service 20–30 public litter and recycling containers along Main Street, as well as receptacles located at bus and transit stops. The agreement also Meeting Date: 11/04/2025 Page 6 Agenda Item #VII.A.1
memorializes support for special services, including debris box collection at City facilities as directed, and waste collection at up to four City-designated special events per year, all at no cost to the City.

This provision ensures that long-standing practices are now formally incorporated into the agreement, preserving the strong partnership between the City and Lakeport Disposal while providing added transparency and benefit to the community.

SB 1383 Regulatory Requirements (terms and conditions provided throughout Agreement) SB 1383 (Lara, 2016) is California’s landmark statewide organics-reduction law aimed at cutting methane from landfilled organic waste. It sets two core 2025 targets: reduce organic waste disposal 75% below 2014 levels and recover at least 20% of edible food for human consumption. CalRecycle’s regulations implement these goals by requiring universal organics collection programs, education and outreach, edible-food recovery by large generators, recordkeeping/reporting, and local enforcement—backed by CalRecycle oversight and administrative penalties for noncompliance.

The Agreement incorporates SB 1383 organics-recycling requirements by defining SB 1383 and treating future rule updates as a Material Change in Law for adjustment purposes. It positions the City and Lakeport Disposal to expand organics collection to all customers when implemented, standardize container colors/labels, deliver ongoing public education (including contamination notifications), and provide the reporting/data the City needs for CalRecycle compliance. These provisions give the City clear tools to address contamination and maintain service while aligning program costs with regulatory changes.

The Agreement also recognizes the City’s current rural exemption status under SB 1383 and provides a pathway to scale up when that exemption ends. Certain SB 1383 duties—such as edible-food recovery program administration, formal route reviews/waivers, and recovered-organic-product procurement—are expected to be handled through municipal code, separate City programs, or a future amendment as full implementation becomes necessary.

SUMMARY
The proposed solid waste franchise agreement with Lakeport Disposal, Inc. represents a comprehensive modernization of the City’s existing solid waste collection framework. It maintains continuity in essential collection services while incorporating new provisions that enhance operational flexibility, customer service, and regulatory compliance. Key improvements include expanded residential and commercial collection programs, strengthened public education and contamination reduction measures, and enhanced reporting to support the City’s compliance with State mandates such as AB 341 and SB 1383. The agreement formalizes the continued provision of no-cost collection services for City facilities and public spaces, establishes clear financial safeguards through performance bonding and creditworthiness requirements, and provides defined procedures for addressing extraordinary cost adjustments and future service expansions.

Collectively, these updates ensure that solid waste, recycling, and organics services remain reliable, environmentally responsible, and financially sustainable. The agreement positions the City to adapt effectively to evolving State requirements while preserving accountability and protecting ratepayers.

It is recommended that the City Council adopt the resolution authorizing the execution of the new Solid Waste Franchise Agreement between the City of Lakeport and Lakeport Disposal, Inc., as presented (Exhibit A).

Meeting Date: 11/04/2025 Page 7 Agenda Item #VII.A.1
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 MOTION:

Motion to approve a Resolution of the City Council of the City of Lakeport authorizing the city manager to execute a solid waste franchise agreement with Lakeport Disposal, Inc. and finding the authorization exempt from the California Environmental Quality Act
☒ Attachments:

1. Franchise Agreement Resolution

2. Exhibit A – Solid Waste Franchise Agreement with Lakeport Disposal 415133.1
RESOLUTION NO. XXXX (2025)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKEPORT

AUTHORIZING THE CITY MANAGER TO EXECUTE A SOLID WASTE FRANCHISE AGREEMENT WITH LAKEPORT DISPOSAL, INC. AND FINDING THE

AUTHORIZATION EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
WHEREAS, the Legislature of the State of California, by enactment of Public Resources Code sections 49300 and 40059, declares that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and
WHEREAS, the City Council of City of Lakeport, pursuant to Public Resources Code Section 40059(a)(2), finds that the public health, safety and well-being of its residents requires that solid waste collection and disposal, including but not limited to the frequency of collection, the means of collection and the transportation, scope of service charges and fees, and the location and extent of such services, be provided by an exclusive solid waste contract; and WHEREAS, section 8.16.100 of the Lakeport Municipal Code reserves to the City the right to grant an exclusive franchise agreement for the collection, transportation or disposal of solid waste and for the rental of drop boxes within the City under such terms and conditions as are contained in this chapter and as may be prescribed by the City Council; and WHEREAS, the City desires to enter into the Solid Waste Franchise Agreement with Lakeport Disposal, Inc., attached hereto as Exhibit “A” and incorporated herein by reference (the “Franchise Agreement”), to provide such solid waste hauling and disposal services; and WHEREAS, the Franchise Agreement is consistent with the provisions of the Lakeport Municipal Code and state law.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEPORT HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Recitals. The foregoing recitals are true and correct and incorporated as set forth herein.

SECTION 2. CEQA. The City finds that the approval of the Franchise Agreement is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15301, as the action does not involve any modifications to or expansions of any existing facilities; section 15308, as the Franchise Agreement contains regulatory mandates for complying with state law for the disposal of solid waste in a manner that ensures the protection of the environment; and section 15061(b)(3), as it can be seen with certainty that the collection and disposal of solid waste as mandated and regulated by state law will not result in direct or indirect physical changes to the environment.
415133.1
SECTION 3. Approval. The City hereby approves the Solid Waste Franchise Agreement with Lakeport Disposal, Inc., in substantially the form set forth in Exhibit “A,” and authorizes the City Manager to take all actions necessary to execute the Franchise Agreement on behalf of the City of Lakeport and implement this Resolution.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 5. Effective Date. This Resolution take effective immediately upon adoption.

SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this Resolution in accordance with applicable law.

PASSED AND ADOPTED by the City Council of the City of Lakeport, County of Lake, State of California on this ___ day of ____________, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINING:
______________________________
Kim Costa, Mayor
1 LAKEPORT DISPOSAL, INC.

SOLID WASTE FRANCHISE AGREEMENT
This Solid Waste Franchise Agreement (the “Agreement”) is made and entered into at Lakeport, California on November 4, 2025, by and between the City of Lakeport, a municipal corporation, hereinafter referred to as “City”, and Lakeport Disposal, Inc., a California corporation, hereinafter referred to as “Contractor.” Collectively, City and Contractor are hereinafter referred to as “PARTIES.”

RECITALS
WHEREAS, the Legislature of the State of California, by enactment of Public Resources Code sections 49300 and 40059, declares that it is within the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions; and
WHEREAS, the City Council of City pursuant to Public Resources Code Section 40059(a)(2) has determined that the public health, safety and well-being of its residents requires that solid waste collection and disposal, including but not limited to the frequency of collection, the means of collection and the transportation, scope of service charges and fees, and the location and extent of such services be provided by an exclusive solid waste contract; and WHEREAS, the reduction of the amount of solid waste and the conservation of recyclable materials is an important public concern by reason of the growing problem of solid waste disposal and by reason of the concern for a judicious use of existing natural resources; and WHEREAS, Contractor represents that it has experience and expertise necessary to institute a program for the collection and proper handling of solid waste and recyclable materials; and
WHEREAS, the City has selected Contractor based on the strength of its plan to provide the desired services and the ability of those services to meet the City's diversion goals and comply with the requirements of the Public Resources Code; and WHEREAS, Contractor agrees to and acknowledges that it shall arrange for the proper Disposal of all Solid Waste collected in the City's Service Area and the City is not instructing Contractor how to Collect, transport, Process or Dispose of Solid Waste, Recyclable Materials, and Green Waste; and
WHEREAS, City and Contractor desire to leave no doubts as to their respective roles, and that by entering into this Agreement, the City is not thereby becoming a "generator" or "arranger" as those terms are used in CERCLA 107 (a)(3), and that it is Contractor, not the City, which is "arranging for" the Collection of Solid Waste, Recyclable Materials, and Green Waste, the transportation of such material to appropriate places of Processing, Recycling, Composting, and/or Disposal, and the Processing of Recyclable Materials and Green Waste; and, 2 WHEREAS, the current Agreement dated May 15, 2015, shall be terminated upon effectiveness of this Agreement.

NOW, THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the PARTIES do hereby agree as follows:

1. SCOPE OF THIS AGREEMENT

1.1. Definitions
These definitions are for the purpose of clarifying statements made in this Agreement. They do not extend beyond the scope of this Agreement.

Agreement: "Agreement" means this Agreement, including any amendments, between the City and Contractor.

Applicable Law: “Applicable Law” means any law, regulation, rule, order, judgment, decree, permit, approval or other requirement of any governmental agency (including City) having jurisdiction over this Agreement or Contractor’s performance hereunder.

Billings: “Billings” means invoices sent to Customers by City or Contractor for the services provided by Contractor under this Agreement.

Bulky Items: “Bulky Item” means a single discarded item placed at the curbside including an appliance (e.g., washer, dryer, hot water heater, air conditioner), an e-waste item (e.g., television, computer, CRT, printer), a single piece of furniture, a set of two passenger tires, a roll of carpet, a mattress, and similar large single items which require special collection due to their size or nature but can be collected without the assistance of special loading equipment (such as forklifts or cranes), nor require the assistance of more than two people, and without violating vehicle load limits. Bulky item does not include abandoned automobiles, boats, hazardous waste, large auto parts, trees, tree stumps, items which exceed seven (7) feet in length, items that are bundled, liquids, sludge, or construction debris or demolition debris.

California Code of Regulations: “California Code of Regulations” or “CCR” means the State of California Code of Regulations. CCR references in this Agreement are preceded with a number that refers to the relevant Title of the CCR (e.g., “14 CCR refers to Title 14 of CCR).

CalRecycle: “CalRecycle” means the California Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on jurisdictions and other regulated entities).

City: "City" means the City of Lakeport a municipal corporation of the State of California, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified, named a party to this Agreement.

City Manager: "City Manager" means the City Manager or his or her designee. 3 Collect; Collection: “Collect” or “Collection” means to take physical possession, transport, and remove Solid Waste, Recyclable Materials, Green Waste, and other types of waste referenced in this Agreement within and from the Service Area.

Collection Costs: “Collection Costs” means all of Contractor’s costs to provide Collection services under this Agreement, including, without limitation, Fuel Costs, labor costs, vehicle and vehicle-related costs, maintenance, insurance, and transportation costs, but excluding Fees and Charges Imposed by Third Parties.

Compostable Plastics or Compostable Plastic: “Compostable Plastics” or “Compostable Plastic” means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).

Compost: “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), as may be amended from time to time.

Consumer Price Index (CPI): “Consumer Price Index (CPI)” means the index published by the U.S. Department of Labor, Bureau of Labor Statistics, Series Id: CUURA422SA0, Not Seasonally Adjusted, All Items, All Urban Consumers (CPI-U) for San Francisco-Oakland-San Jose, California.

Containers: "Containers" means any and all types of Solid Waste, Recyclable Materials, and Green Waste receptacles including but not limited to metal or plastic cans, carts, bins, tubs, bins, dumpsters, roll-off boxes, or debris boxes.

Contractor: "Contractor" means Lakeport Disposal Inc., a corporation organized and operating under the laws of the State of California and its managers, members, directors, employees, agents, companies, and subcontractors.

Construction debris: “Construction debris” means used or discarded construction materials generated during the construction or renovation of a residential premises or commercial property.

Commercial property: “Commercial property” means property upon which business activity is conducted, including, but not limited to, retail sales, services, wholesale operations, manufacturing and industrial operations, but not including City-allowed use of residential property for home office or business, unless the Customer requests commercial service.

Curbside: “Curbside” means the location for placement of an authorized Container which shall be on the road, against the face of the curb, or where no street curb exists, the Container shall be placed not more than three (3) feet from the outside edge of the road nearest the property’s entrance, or such other reasonable location specified by Contractor pursuant to good-faith negotiations with the Customer. Contractor may charge additional fees, as may be specified in Exhibit A, for pick up beyond the road but within seventy-five (75) feet thereof, and/or more than seventy-five (75) feet from the road.

Customer: “Customer” means the owner or occupant of a Residential or Commercial property who receives service.
4 Debris Box: “Debris Box” means an open-top metal Container, with or without lid, serviced by a roll-off truck with a capacity of six to fifty cubic yards.

Demolition debris: “Demolition debris” means used construction materials generated during the razing or renovation of a Residential or Commercial property.

Disposal: “Disposal” means the permanent placing of Solid Waste in a facility legally permitted to receive it.

Disposal Costs: “Disposal Costs” means Contractor’s costs to dispose of Solid Waste collected under this Agreement at the Designated Disposal Facility or other permitted landfill.

Edible Food: “Edible Food” means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of this Agreement, Edible Food is not Solid Waste if it is recovered and not discarded. Nothing in this Agreement or in 14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. If the definition in 14 CCR Section 18982(a)(18) for Edible Food differs from this definition, the definition in 14 CCR Section 18982(a)(18) shall apply to this Agreement.

E-Waste: “E-Waste” means electronic waste, discarded electronic equipment, such as stereos, radios, speakers, televisions, computers, computer monitors, VCR’s, printers, copiers, facsimile machines, DVD’s, cell phones, microwaves, telephones and similar items.

Fees and Charges Imposed by Third Parties: “Fees and charges imposed by third parties” include, but are not limited to Disposal Costs, Processing Costs, Construction Debris and Demolition Debris Disposal and Processing costs, Regulatory Costs, fees and costs associated with any Material Change in Law, Disposal or Processing costs of all other items collected pursuant to this Agreement and costs incurred by City in setting and adjusting rates and charges to Contractor pursuant to section 2.3.3 of this Agreement.

Food Scraps: “Food Scraps” means the unavoidable waste products from food preparation including but not limited to, carrot peelings, apple cores, meat trimmings, bones. Food Scraps excludes fats, oils, liquids, and grease when such materials are Source Separated from other Food Scraps.

Food-Soiled Paper: “Food-Soiled Paper” means compostable paper material that has come in contact with food or liquid, such as, but not limited to, napkins and pizza boxes.

Food Waste: “Food Waste” means waste that will decompose and/or putrefy, including all kitchen and table food waste, animal or vegetable waste that is generated during or results from the storage, preparation, cooking or handling of food stuffs, discarded paper that is contaminated with Food Waste, fruit waste, grain waste, dairy waste, meat and fish waste.

Franchise: "Franchise" means the special right granted by the City for the Collection of Solid Waste, Recyclable Materials, and Green Waste within the Service Area, the transportation of such material to appropriate places of processing, Recycling, Composting and Disposal, and the Processing of Recyclable Materials.
5 Franchise Fee: "Franchise Fee" means the fee paid by Contractor to the City for the right to hold the franchise granted by this Agreement.

Fuel Costs: “Fuel Costs” means Contractor’s costs for diesel and other fuels used in performing services under this Agreement.

Generate: “Generate” means to create or render. A Customer is not considered to be the generator of Solid Waste if the material has merely been transported or moved to the Customer’s site.

Generator: “Generator” means any person as defined by the Public Resources Code, whose act or process produced Solid Waste, Recyclable Materials, Organic Waste, Food Waste or Green Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation.

Green Waste: “Green Waste” means tree trimmings, grass cuttings, dead plants, leaves, branches and dead trees (not more than six (6) inches in diameter) and similar materials generated at a residential premises or commercial property. Green Waste does not include Food Waste.

Hazardous Waste and Prohibited Waste: “Hazardous Waste” and “Hazardous or Prohibited Waste” means all substances defined as hazardous waste, acutely hazardous waste or extremely hazardous waste by the State of California or identified as hazardous waste by the U.S.

Environmental Protection Agency, or under Applicable Law.

Large Event: “Large Event” means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this Agreement.

Large Venue: “Large Venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of 14 CCR, Division 7, Chapter 12 and this Agreement, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a)(39) shall apply to this Agreement.

Material Change in Law: “Material Change in law” means the enactment, adoption, promulgation, issuance, modification or written adoption, or change in administrative or judicial interpretation, on or after the Effective Date, of any Applicable Law, including, without limitation, the issuance of final regulations under SB 1383.
6 Missed Service: Service is considered missed by the Contractor if the Container and/or material was at its designated pick up location when Contractor serviced that portion of the route but failed to service the Container in question. It is not considered Missed Service if the Customer failed to put the material out or put the material out later than the collection time on collection day or misplaced the Container and/or material in an unsafe or improper location.

Organic Waste: “Organic Waste” means Solid Wastes containing material originated from living organisms and their metabolic waste products including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges, or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined in 14 CCR Section 18982(a)(4) and 14 CCR Section 18982(a)(16.5), respectively.

Owner (Ownership): “Owner” means the Person holding the legal title to the real property constituting the Premises to which Solid Waste, Recyclable Materials, Organic Waste and Green Waste Collection service is to be provided under this Agreement.

Processing: “Processing” means the controlled separation, recovery, volume reduction, conversion, or Recycling of Solid Waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines, or volume reduction equipment, or as otherwise defined in 14 CCR Section 17402(a)(20).

Processing Costs: “Processing Costs” means Contractor’s costs to Process Recyclables collected under this Agreement at the Designated Recycling Facility or other permitted facility, Contractor’s costs to Process Green Waste collected under this Agreement at the Designated Green Waste Facility or other permitted facility, Contractor’s costs to Process Food Waste collected under this Agreement at the Designated Food Waste Facility or other permitted facility, and Contractor’s costs to Process Organic Waste collected under this Agreement at the Designated Organic Waste Facility or other permitted facility, including in each case all fees paid to any such Facility for such Processing.

Recyclables: “Recyclables” or “Recyclable Materials” means materials intended to be salvaged and/or reprocessed consistent with the requirements of AB 939, including, without limitation, paper, newsprint, printed matter, pasteboard, paper containers, cardboard, glass, aluminum, PET, HDPE, and other plastics, beverage containers, compostable materials (including Green Waste, Organic Waste and Food Waste), and wallboard, wood, brick and stone in reusable size and condition. Recyclables shall include those items of construction debris and demolition debris described herein. Recyclables include newspaper, cardboard, cereal boxes, junk mail, office paper, phone books, magazines, milk cartons, juice cartons, aluminum cans, foil, tin food cans, steel food cans, aluminum pie tins, empty aerosol cans, soda bottles (remove lids), water bottles (remove lids), juice containers, shampoo bottles, detergent bottles, milk jugs, juice jugs, butter containers, yogurt containers, glass food jars/bottles (remove lids), glass beverage jars/bottles (remove lids).

All Recyclables must be clean, rinsed or wiped clean of food waste, and loose (not bagged) in the cart. With mutual consent of both PARTIES, the list of items to be picked up for recycling may be changed.
7 Recycling: "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting discarded materials which meet the quality standards necessary to be re-used, remanufactured or processed. The Collection, transportation or Disposal of Solid Waste not intended for, or capable of, reuse is not Recycling.

Regulatory Costs: “Regulatory Costs” means all regulatory and governmental fees and charges incurred by Contractor in connection with providing services under this Agreement, including, without limitation, Franchise Fees and Administration Fees payable to City hereunder and new or increased Regulatory Costs resulting from a Material Change in Law.

Residential property: “Residential property” means property used for residential purposes, irrespective of whether such dwelling units are rental units or are owner-occupied. Complexes of five or more units, whether in a single structure, or connected structure, or series of structures may be subject to procedures and rates which differ from other lower density Residential properties.

Service Area: “Service Area” means that territory within the City of Lakeport with respect to which the City exercises franchising authority for the Collection of Solid Waste, Recyclable Materials, Organic Waste, Food Waste and Green Waste, the transportation of such material to appropriate places of Processing, Recycling, Composting, or Disposal and the Processing of Recyclable Materials, Organic Waste, Food Waste and Green Waste which territory is shown on a map on file in the office of the City Manager, to which reference is hereby made for the description of said area.

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

SB 1383 Regulations: SB 1383 Regulations or “SB 1383 Regulatory” means or refers to, for the purposes of this Agreement, the Short-Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

Solid Waste: “Solid Waste” means materials, including Garbage and Refuse, Generated by Customers that are useless, discarded, rejected or abandoned, and placed at Curbside or in a designated Container for pick up and Disposal by the Contractor. Solid Waste does not include Recyclables, Organic Waste, Food Waste, Green Waste, or any other material which cannot legally be disposed of in a Class III landfill.

Source separating: The act of separating (a) Recyclables (other than Organic Waste, Green Waste and Food Waste) from Solid Waste, Organic Waste, Green Waste and Food Waste by the Generator of such materials, in the case of Recyclables, (b) Green Waste from Solid Waste, Organic Waste, Food Waste and other Recyclables by the Generator of such materials, in the case of Green Waste, (c) Organic Waste from Solid Waste, Green Waste, Food Waste and other Recyclables by the Generator of such materials, in the case of Organic Waste, and (d) Food Waste 8 from Solid Waste, Organic Waste, Green Waste and other Recyclables by the Generator of such materials, in the case of Food Waste.

Temporary Container Service: “Temporary Container Service” means a short-term service in which Contractor provides a Container to a Customer for not longer than fifteen (15) calendar days and collects the Container upon service completion.

1.2. Portion Deemed Invalid
Should any clause, sentence, or provision of this Agreement, except those of Section 1.9, be ruled invalid, illegal, or unenforceable by any court of competent jurisdiction, either City or Contractor, within 30 days of such event, will have the right to reopen negotiation for replacement provisions for the portions of this Agreement that are voided or made inapplicable.

Should any clause, sentence, or provision of this Agreement, except those of Section 1.9, be ruled invalid, illegal, or unenforceable by any court of competent jurisdiction, the integrity of all remaining provisions shall remain valid and shall constitute the basis of the Agreement between City and Contractor.

If any clause, sentence or provision of Section 1.9 shall be ruled invalid, illegal, or unenforceable by any court of competent jurisdiction, such clause, sentence, or provision shall not be severed from this Agreement but Contractor shall have the right in its sole discretion to terminate this Agreement upon thirty days’ written notice thereof to City.

1.3. Purpose of this Agreement
The purpose of this Agreement is to provide for a quality waste management service to the residents, property owners, and businesses of City, at a fair market cost, as determined periodically by a cost of service analysis. It is understood and agreed to by PARTIES that costs, including any financing costs, related to the acquisition by Contractor of the City of Lakeport solid waste services franchise, described herein, from Lakeport Disposal, Inc., not be paid for by City ratepayers or in any way reflected in any rates charged to City ratepayers during the Term of this Agreement. This Agreement sets down the terms and conditions under which Contractor shall provide the services of Collection, transporting, Processing, and Disposal or marketing of Solid Waste and Recyclables that are Generated in or occur within the City of Lakeport, and the compensation to be received by Contractor therefor. This Agreement also provides for the orderly transition to a successor operation of Solid Waste and Recyclables management by City or by City sponsored successor, in the event of termination of Contractor’s services. This Agreement provides remedies for faulty performance.

This Agreement establishes efforts by which City and Contractor will work for compliance with California Integrated Waste Management Act (AB 939) waste reduction goals. 9 1.4. Replaces Previous Agreement
Effective as of November 4, 2025 (the “Effective Date”), this Agreement replaces and supersedes the previous agreement for the hauling and disposal of waste between City and Lakeport Disposal, Inc., dated May 15, 2015, and all amendments thereto, which will be of no further force or effect and under which neither party shall have any further obligations.

1.5. Term of this Agreement

1.5.1 Optional Extensions
The term of this Agreement shall be for a period commencing on the Effective Date and ending on June 30, 2029, provided that PARTIES shall have two (2) options to extend this Agreement and the franchise granted hereunder on the terms and conditions herein for a period of five (5) years each commencing July 1, 2029 and ending June 30, 2039.

Contractor shall request in writing at least twenty one (21) months prior to June 30, 2029 (i.e., by September 30, 2027) prior and June 30, 2034 (i.e., by September 30, 2032) that the City grant such options. City has sole discretion to grant such options to extend this Agreement and must do so in writing. The City shall not grant an extension hereunder unless it finds that the Contractor is in material compliance with the terms of this Agreement at the time of submitting its written request. Contractor shall provide documentation of Contractor’s compliance with Section 2.5.4 with any request for extension pursuant to this Section 1.5.1.

1.5.2 Assignment Extension
If Contractor facilitates a sale of LAKEPORT DISPOSAL, INC to a qualified solid waste hauling company and requests the City authorize the assignment the Agreement, City shall have authority to grant authorization of the Assignment of the Agreement, which shall be granted by the City Council, as stated in Section 2.6 of this Agreement, and City shall extend the term of the Agreement by a fifteen (15) year extension thereby extending the Agreement for fifteen (15) beyond the date of the current Agreement term.

1.6. Enforceability
Failure by City to at any time require of Contractor the performance of any provisions of this Agreement shall in no way affect the right of City to thereafter enforce same, nor shall a waiver by City of any breach of any provision of this Agreement be held as a waiver of any succeeding breach of such provision, or as a waiver of any provision itself.

1.7. Accountability
The Collection and Disposal of Refuse directly affects the public health and welfare. Therefore, Contractor shall be accountable to City for Contractor’s performance. Contractor shall obey all Federal, State and Local laws, ordinances and regulations which now exist or may in the future be modified or adopted, and generally conduct its performance of this Agreement so as to faithfully and competently Collect and Dispose of or recycle Solid Waste, Recyclables, Organic Waste, 10 Green Waste and Food Waste in a safe and efficacious manner. If at any time either party determines that it is appropriate to meet to discuss performance of this Agreement, both PARTIES will do so in good faith. If at any time City determines that Contractor is guilty of substandard performance, and after written notice of such and Contractor’s failure to remedy the cited deficiencies, all in accordance with Section 1.12 below, City may take all actions permitted pursuant to Section 2.2.9 below.

1.8. City Authority
Whenever the context of this Agreement requires City to perform an act, and said act is to be performed by an individual, “City” shall be interpreted as meaning the City Manager or his or her authorized appointee.

1.9. Exclusive Franchise
Contractor shall have the exclusive right within City to Collect, transport, Process and Dispose of all Solid Waste and Recyclables (including but not limited to Organic Waste, Green Waste and Food Waste) Generated in or occurring within the City of Lakeport limits, and in any territory hereafter annexed to City pursuant to Chapter 8.16 of the Lakeport Municipal Code, except as otherwise provided by applicable law and as follows:
(a) Recyclables Generated at any Residential or Commercial property that are Source Separated may be transported personally by the generator or his, her or its employees in his, her or its vehicles for donation to a processing facility that has been duly approved and authorized as such by a governmental or other appropriate authority, including beverage containers recycled at authorized facilities under the California Beverage Container Recycling Litter Reduction Act, provided that the Generating person is not charged a fee, directly or indirectly, for such materials. (b) Recyclables Generated at any Residential or Commercial property that are Source Separated may be put out for Collection at the generating person’s property for donation to any charitable entity, or for sale to a third party that, to the extent required by applicable law, has been duly approved and authorized by a governmental or other appropriate authority to accept or purchase such materials and provided that the Generating person is not charged a fee, directly or indirectly, for such materials (provided, however, that the Recyclables Generated may not be put out for Collection Curbside).
(c) Solid Waste Generated at any Residential or Commercial property may be personally transported by the person Generating same to any licensed landfill, transfer station or materials recovery facility.
(d) Green Waste removed from a Residential or Commercial property by a gardening, landscaping or tree trimming contractor as an incidental part of a comprehensive service offered by such contractor, rather than as a hauling service, may be disposed of by such contractor at any licensed transfer station or materials recovery facility. (e) E-Waste, Hazardous or Prohibited Waste may be disposed of in any lawful manner. 11 (f) Construction debris and Demolition debris removed by employees of the construction or demolition contractor using equipment owned by that contractor, including any roll off box or other removable container/box.
(g) Animal waste and remains from slaughterhouse or butcher shops for use as tallow. (h) By-products of sewage treatment, including sludge, sludge ash, grit and screenings. (i) Abandoned cars that are removed by a licensed towing entity authorized to do so by the City.
(j) Materials removed pursuant to a nuisance abatement or court order.

City warrants that it has the authority to grant such an exclusive right as described in the Agreement and as delegated to it by State law. City covenants that during the term of this Agreement it will not engage other persons to become involved in the Collection and Disposal of Solid Waste or Recyclables (including Organic Waste, Green Waste and/or Food Waste) in violation of Contractor’s exclusive rights hereunder, provided that Contractor acknowledges that City cannot prevent other political subdivisions of the State of California or other governmental agencies from contracting for waste disposal services with a contractor selected by those governmental agencies, and further acknowledges that City cannot regulate or prohibit the sale or donation of Recyclables by the generators of such materials. To the extent that Contractor does contract to serve any governmental agency within the Service Area, such service shall be performed in compliance with this Agreement, unless those entities agree to different terms and conditions with Contractor, excluding the payment of Franchise Fees and Administration Fees based upon the revenue generated thereby. In order to authorize and protect the exclusive franchise granted in this Agreement, City shall take such action as it deems appropriate to enforce this Agreement and the Code, and Contractor shall cooperate with such action; provided, however, that City shall not be required to commence litigation or any administrative enforcement remedies to enforce this Agreement or the Code, but shall assist Contractor, at Contractor’s expense, in any legal action by Contractor to do so.

1.10. Ownership of Waste
Ownership of all Solid Waste, Organic Waste, Food Waste, Green Waste and Recyclables (Hazardous or Prohibited Waste excluded) shall vest with Contractor at the time and point of Collection by Contractor. Solid Waste in Collection Containers shall remain the property of the Generator until the time of pickup by Contractor. Hazardous or Prohibited Waste shall remain the property of the Generator. Contractor is not required by this Agreement to pick up Hazardous Waste or Prohibited Waste. Recyclables, Organic Waste, Food Waste and Green Waste placed in Contractor’s Containers shall become the property of Contractor at such time as they are placed at the curb or, for Commercial Customers when the material is placed in a designated Container. In the event the Customer’s Container is consistently overloaded, Contractor may petition City to enforce the relevant health and safety regulations.

Ownership and the right to possession of Solid Waste and Recyclables (including Green Waste, Organic Waste and Food Waste) placed in Containers or bins or bundles or bags for Collection, or 12 placed at Curbside, shall transfer directly from the Customer to Contractor, by operation of law, not as a result of this Agreement. Subject to the provisions of this Agreement, Contractor shall have the right to retain any benefit or profit resulting from its right to retain, recycle, compost, dispose of or use the Solid Waste or Recyclables (including but not limited to Green Waste, Food Waste and/or Organic Waste) that it Collects. Solid Waste which is disposed of at a Disposal site or sites (whether landfill, transformation facility, transfer station or materials recovery facility) shall become the property of the owner or operator of the Disposal site or sites once deposited there by Contractor. At no time does the City obtain any right of ownership or possession of Solid Waste or Recyclables (including but not limited to Green Waste, Food Waste and/or Organic Waste) placed for Collection, and nothing in this Agreement shall be construed as giving rise to any inference that City has any such rights.

1.11. Disposal Facility, Recycling Facility, Organic Waste Facility, Green Waste Facility, Food Waste Facility

1.11.1. Designated Disposal Facility, Recycling Facility, Organic Waste Facility, Green Waste Facility and Food Waste Facility
Contractor shall dispose of all Solid Waste, Recyclables, Green Waste, Food Waste and Organic waste Collected in City at the disposal site designated by the City. Contractor may propose an alternate Designated Disposal Facility, Recycling Facility, Green Waste Facility, Organic Waste Facility or Food Waste Facility by written notice to City subject to the City Manager’s written consent, which may not be unreasonably withheld.

1.11.2. Alternative Facility Designations
If the Designated Disposal Facility, Recycling Facility, Green Waste Facility, Organic Waste Facility or Food Waste Facility is closed for any reason (other than daily closure in the ordinary course of business), Contractor may designate a new Designated Disposal Facility, Recycling Facility, Green Waste Facility, Organic Waste Facility or Food Waste Facility, respectively, for use on a short-term basis without the City Manager’s consent, provided that an alternative Designated Disposal Facility, Recycling Facility, Green Waste Facility, Organic Waste Facility or Food Waste Facility, respectively, may be designated by the City Manager for use during such short-term closure should Contractor fail to do so.

1.12. Breach by Contractor (see also section 2.2.9, Remedies) In the event Contractor should default in the performance of any material provisions of this Agreement, and the default is not cured pursuant to Section 2.2.9 below, the City may, at its option, terminate this Agreement after holding a hearing at a City Council meeting to determine whether this Agreement should be terminated. If the City exercises its option to terminate this Agreement, City may, at its option, either directly undertake performance of the services or arrange with other persons to perform the services.

In the event City exercises its option under this paragraph to terminate this Agreement, City shall pay to Contractor the amount due Contractor under the terms of this Agreement for the services performed as of the date of termination. City may, in that event take possession of Contractor’s 13 equipment, pursuant to Section 2.2.9.2 below, necessary to perform the services required under this Agreement, and retain it until City can purchase or otherwise acquire equipment suitable for that purpose, but in no event longer than 365 days. City shall compensate Contractor for the reasonable rental value of its equipment and facilities during the period City retains possession or use of such equipment and facilities, less any monies Contractor owes City at the time of breach of this Agreement.

In the event the Contractor becomes insolvent, files for bankruptcy, or makes an assignment for the benefit of creditors, this Agreement may be immediately terminated by City.

1.13. Force Majeure
Neither Contractor nor City shall be liable for, or in breach of this Agreement as the result of, the failure to perform their duties nor any resultant damage, loss, etc., if such failure is caused by a catastrophe, communicable disease, riot, war, earthquake, fire, pandemic, governmental order, accident, act of God, default by the other party, default by a carrier, or other similar or different contingency beyond the reasonable control of Contractor or City. If circumstances persist for more than 30 days, or if after their cessation the affected party is unable to render full or substantial performance, the other party may terminate this Agreement upon written notice given to the affected party. Labor unrest, including, but not limited to, strike, work stoppage or slowdown, sick out, picketing, or other concerted job action conducted by Contractor’s employees or directed at Contractor is not an excuse from performance.

When hazardous or unsafe road conditions are present due to snow, ice, slides, erosion, fire, lack of maintenance or flooding, Contractor may, with approval from City (which will not be unreasonably withheld), suspend Collection in affected areas.

1.14. Proposition 218 Indemnification.

City intends to comply with all applicable laws concerning the setting of maximum rates under this Agreement. Nonetheless, Contractor shall indemnify, defend and hold harmless the City, their officers, employees, agents and volunteers, (collectively, “indemnitees”) from and against all claims, damages, injuries, losses, costs, including demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including attorneys' and expert witness fees. expenditures for investigation, and administration) and costs or losses of any kind whatsoever paid, imposed upon, endured or suffered by or assessed against Contractor or any of the indemnitees resulting in any form from the City's establishment of maximum rates for service under this Agreement or in connection with the application of California Constitution Articles XIII C and XIII D to the imposition, payment or collection of rates and fees for services provided by Contractor under this Agreement.

Notwithstanding the foregoing, this indemnity shall not extend to any portion of the rates that is not associated with Contractor's costs in providing service, such as governmental fees, AB 939 fees or charges. This section shall be interpreted in accordance with Public Resources Code section 40059.2.
14 1.15. Commercial Waste Stream Audits
Contractor shall, at least once during each twelve (12) month period, contact each of the Commercial Customers in Lakeport to notify the customers of recycling and other supportive services available. Such contact shall include, at Contractor’s sole expense, the preparation of a professional, well-formatted and designed publication that describes, at a minimum, the services available, benefits and cost savings that may result from participation or improving an on-going program and the right of the customer to procure technical assistance, including waste audits, from Contractor. Contractor shall distribute the brochure by a first class postage mailing. Contractor shall provide waste stream audits for any Commercial Customer, as requested, and report to the customer on opportunities available to start up or increase diversion and reduce the cost of Solid Waste Collection. Contractor shall report to City the results of such contacts on a periodic basis as required in this Agreement or otherwise specified by City.

2. SERVICE OPERATIONS AND PERFORMANCE

2.1. Services to be Performed by Contractor

2.1.1. Collection and Hauling Service
Contractor shall Collect from Commercial and Residential Customers all Solid Waste and Recyclables (including but not limited to Green Waste, Organic Waste and Food Waste) as are Generated in or occur within the City of Lakeport.

2.1.2. Meet and Confer on Service Changes
All service shall be in accordance with the Municipal Code of Lakeport, as such Code is from time to time amended; provided, however, that no amendment that causes a material change shall be adopted without fourteen (14) days’ prior written notice to Contractor and the opportunity for Contractor to confer with City, except to the extent that such amendment is necessary to comply with a Material Change in Law. Either City or Contractor may at any time request that the service or other provisions in this Agreement be modified by delivering written notice of its requested modifications to the other party. Within thirty (30) days after receipt of any such request, City and Contractor shall meet and negotiate in good faith on adopting such requested modifications, including, without limitation, any change to Customer rates and Contractor’s compensation necessitated by such modifications, provided that nothing herein shall obligate City and Contractor to agree on any such requested modifications. If City and Contractor agree on any such modifications to this Agreement, they shall execute a written amendment memorializing each such modification.

2.1.3. Local, State, and Federal Requirements
All service performed by Contractor shall be in accordance with all applicable City, State, and Federal ordinances, laws, requirements, restriction, and licensing provisions as the same now exist or as they may be modified or adopted in the future.
15 2.1.4. Service Components
The basic service components to be performed by Contractor are as follows:

2.1.4.1 Can Collection
Contractor shall provide Container Collection service to all Commercial and Residential Customers. The minimum size of carts used shall be 20 gallons. This consists of containerized, Curbside-placed, Solid Waste Collection on a once per week basis, provided that all Solid Waste Collected must fit into the Container with the lid closed. If the Container is overfilled, Contractor shall be entitled to levy an extra charge in accordance with Exhibit A attached hereto and hereby incorporated herein. Contractor shall provide uniform Containers to all Residential Customers, and to all Commercial Customers that use carts that are 96 gallons or less.

Appropriate Containers of a size requested by the service recipient as described in this Section shall be delivered to new service recipients, upon request, within 24-48 hours of the service recipient's request for service. Contractor shall notify the City if it fails to deliver Containers within 24-48 hours.
(a) Container Replacement.

The City and Contractor acknowledge that from time to time Contractor-provided Containers may be stolen or damaged. When notified of such occurrence, Contractor shall replace the stolen or damaged Container(s), at no charge to the service recipient, not more than one time within any twenty-four (24) month period. If the service recipient requests more than one replacement set of Containers per twenty-four (24) month period, the Contractor shall make Containers available for purchase by the service recipient at a price not to exceed the cost to Contractor of purchasing the Containers.

No later than January 1, 2036, Contractor shall provide all generators with Collection Containers that comply with the Container color and labeling requirements specified in 14 CCR 18984.7. If an existing container breaks or is otherwise rendered non-functional, Contractor shall replace the non-functional Container with a Container that complies with the color and labeling requirements within 7 days of a replacement request.
(b) Container Maintenance.

Contractor shall replace or refurbish to the reasonable satisfaction of the City all Contractorprovided Containers within thirty (30) days' notice from the City, if the City determines that the Container is no longer in good repair.

2.1.4.2. Disabled Service
Contractor shall provide backyard pick up service at the normal service rate for those Residential properties where no occupant is physically able to place Solid Waste or Recyclables at the curb.

Contractor may request that the Customer provide evidence of a “disabled” or “handicapped” designation from the State or from a physician. In the event of an unresolved dispute between a 16 Customer and Contractor, the matter shall be submitted to the City Manager (or designee) whose decision shall be final.

2.1.4.3. Bin Service
Contractor shall offer large bin Solid Waste Collection service to Commercial Customers, at least once a week. Contractor shall provide uniform bins to participating Customers.

2.1.4.4. Drop Box/Compactor Service
Contractor shall provide drop box Solid Waste, Green Waste, Organic Waste and Recyclables Collection service to Commercial and Residential Customers, including the use of compactor boxes where applicable, on a schedule or on call, with Contractor furnishing said drop boxes and compactor boxes, or offering to haul compactor boxes owned by Customer. Compactor boxes supplied by Customer must be compatible with Contractor’s equipment. Compactor boxes supplied by Contractor shall be rented or leased to Customers on terms that are mutually acceptable to Contractor and each such Customer.

2.1.4.5. Recyclables Collection
Contractor shall provide containerized, Curbside-placed, Source Separated Recyclables Collection service to all Commercial and Residential Customers on a once per week basis, provided that all Source Separated Recyclables Collected must fit into the Container provided by Contractor with the lid closed. If the Container is overfilled, Contractor shall be entitled to not Collect the Container. Contractor shall deliver the Source Separated Recyclables it Collects to the Designated Recycling Facility. Source Separated Recyclables shall be Collected from Commercial Customers in carts, bins or drop boxes as Contractor shall determine.

Contractor shall provide uniform Containers to all Customers. Materials Collected as Recyclables shall not be landfilled without prior notice to and approval by City. Such approval shall not unreasonably be withheld if there is no readily available economic market for a particular material.

Recyclables that are set out by a Customer shall be Source Separated, and if they are sufficiently contaminated so as to render them unmarketable, unacceptable for Processing or create a risk of significantly contaminating the existing load of materials, may be rejected by Contractor, without breach of this Agreement, if notification is given to the Customer. If the Customer again sets out such contaminated Recyclables, Contractor shall have the option to Collect such Recyclables and charge the Customer a special fee as set forth in Exhibit A. In the event of three or more such occurrences, Contractor shall be entitled to remove the Recyclables Container from such Customer’s property.

2.1.4.6. Green Waste Collection
Contractor shall provide containerized, Curbside-placed, Green Waste Collection to all Residential Customers on a once per week basis, provided that all Green Waste materials Collected must fit into the Container provided by Contractor with the lid closed. If the Container is overfilled, Contractor shall be entitled to levy an extra charge in accordance with Exhibit A. Contractor shall 17 deliver the Green Waste materials it Collects to the Designated Green Waste Facility. Contractor shall provide uniform Containers to all Customers. Materials Collected as Green Waste shall not be landfilled without prior notice to and approval by City. Such approval shall not unreasonably be withheld if there is no readily available economic market for a particular material.

Green Waste that is set out by a Customer shall be Source Separated, and if it is sufficiently contaminated so as to render it unmarketable, unacceptable for Processing or create a risk of significantly contaminating the existing load of materials, may be rejected by Contractor, without breach of this Agreement if notification is given to the Customer. If the Customer again sets out such contaminated Green Waste, Contractor shall have the option to Collect such Green Waste and charge the Customer a special fee as set forth in Exhibit A. In the event of three or more such occurrences, Contractor shall be entitled to remove the Green Waste Container from such Customer’s property.

2.1.4.7. Food Waste
Contractor shall provide containerized, Curbside-placed, Food Waste and/or Organic Waste Collection TO ALL Customers pursuant to program details once developed by Contractor and City. Contractor shall deliver all Food Waste and/or Organic Waste it Collects to the Designated Food Waste Facility and the Designated Organic Waste Facility.

2.1.4.8. Bulky Items Collection
Residential Customers whose accounts with Contractor or City are not delinquent may have one (1) Bulky Item Collected each calendar year (January through December) without charge except as noted below. In addition, non-delinquent Residential Customers may have additional Bulky Items Collected each calendar year for a charge determined by Contractor, but which shall not exceed Contractor’s cost of Collection and Disposal of such Bulky Items plus a reasonable profit.

Commercial Customers may not use this service. Residential Customers must call to arrange a scheduled Collection day at least one (1) week in advance. Collection will be made at the normal service address. Items must be outside and staged in an area accessible by truck. Residential Customers can have two items Collected at one time or have one item Collected on each of two scheduled days. Any appliance containing freon (air conditioners, refrigerators, freezers, etc.) will be assessed a charge of $35.00 per item to cover the cost of freon removal (subject to increase for increased cost for freon removal). Freon removal charges will be assessed on the Customer’s Solid Waste bill.

2.1.4.9. Cleanups
(a) Annual Cleanups. The City reserves the right to have Contractor provide two Citywide pre-scheduled cleanups per year; locations and times to be mutually established by Contractor and City.
(b) On-Call Cleanups. Each residential customer will be entitled to one “on call” cleanup per year. Once per year, each Residential Customer may request an extra pickup from Contractor at no charge to the Residential Customer. Contractor shall remove curbside up to six 18 (6) bags of refuse or the equivalent of six (6) 32-gallon cans and one (1) large item, excluding appliances. The large item may be furniture, but shall not include Hazardous Waste. (c) Christmas Trees. Christmas trees will be Collected on both the first and second Collection days after Christmas Day. In addition, on an as-needed and requested basis, Christmas trees will also be Collected on a third Collection day through the month of January. Trees must be placed at the Curbside on the Customer’s regular Collection day. Information regarding Christmas tree service will be posted on Contractor’s website. Contractor may charge a reasonable fee for removal of flocked trees.

2.1.4.10. Reporting to City
Contractor shall submit to City the following reports in a format approved by City, with data specific to Lakeport, during the term of the Agreement:

Quarterly Reports: Within thirty (30) days after the last day of each calendar quarter, Contractor shall submit a quarterly Recycling Report to include all of the following materials Collected within the City Limits:

2. The Contractor shall provide to the City quarterly written reports describing Disposal origin of materials, materials Collected by tonnage relative to Company’s Collection of residential Curbside Recycling, commercial Recycling, and materials Collected at the drop-off facility. Contractor shall submit these diversion and disposal origin reports to the City.

2. During the Term of this Agreement, Contractor shall annually submit to City, and more often if required by law, information reasonably required by City to meet its reporting obligations imposed by AB 341, and the regulations implementing AB 341, in a manner approved by City.

2. Any and all CalRecycle required data, or data required by other Federal, State or local requirements which will be needed by the City to respond to any CalRecycle requests or regular reporting requirements related to the City’s Solid Waste Collection.

Annual Reports: On or before April 1 Contractor shall submit a year-end report for the previous year, to include the following:

A general discussion of public awareness activities including, estimated impact of Contractor’s and City’s public awareness activities; suggestions for improving public awareness, percentage of participation, and amount of material diverted from the waste stream; significant highlights, noteworthy experiences and problems from the previous year. All reports are to be submitted to:

City Manager
City of Lakeport
225 Park Street
Lakeport, CA 95453
19 In addition to the preceding reports, Contractor shall submit such additional reports as may be required by CalRecycle or any other government agency with jurisdiction over Solid Waste and Recycling, and such additional reports as may be required in order for City to comply with all applicable reporting requirements which are either required by law or a regulatory agency or necessary for City to comply with its legal or regulatory obligations.

Lake County currently meets the definition of a Rural County as defined in Section 42649.8 of the Public Resources Code due to its population being under 70,000. As a Rural County Lake County and its cities are currently exempt from complying with Organic Waste Collection requirements of SB 1383. CalRecycle will determine by December 31, 2026 if Lake County will no longer be exempt per SB 1383’s rural exemption validity period. AB2902 extends Lake County Rural County designation to Jan 1, 2037. If or when determination is made that the City is no longer exempt from provisions of SB 1383 Contractor will coordinate with City to implement enhanced recycling and organics Collection systems and reporting standards to comply with SB 1383.

2.1.4.11. Services Provided to City
(2) Collection of Solid Waste, Green Waste, Organic Waste, Food Waste and Recyclables Contractor shall Collect from City facilities all Solid Waste, Green Waste, Organic Waste, Food Waste (pursuant to Section 2.1.4.7 above), and Recyclables Generated by City. The above Collection shall be made at least once per week and be made without charge to City. Bins or carts shall be furnished by Contractor in the type and quantity, and at the locations, set forth on Exhibit B attached hereto and hereby incorporated herein. City shall give Contractor a minimum of twentyfour (24) hours’ notice for specially scheduled service. (2) Additional Gratis Services. Contractor shall provide to the City, at City’s direction, additional Collection services to the City entailing:

1. Collection of Solid Waste and Recyclable Materials from all public sidewalk Litter or Recycling Containers;

2. Collection of Solid Waste, Recyclable Materials and Green Waste from receptacles at all City’s facilities and parks, including but not limited to City Hall, Library, Westside Community Parks, the Lakeport Police Department, the Public Works Facilities, and permanent receptacles installed at bus and transit stops;

3. Collection of materials from debris box as directed by the City at City facilities;

4. Collection of Solid Waste, Recyclable Materials and Green Waste for City Residential Customers only, at a maximum of four (4) special events designated by the City;

5. Review of plans for land use or property developments with regard to Solid Waste service issues; and

6. Collection of Small Dead Animals (no larger than an adult deer) from City streets, sidewalks and public right of way, or in close proximity 20 to the street within the City limits, but only on City-owned property or public rights of way.

At the option of the City, exercised in writing, these additional services may be provided at no charge to the City.

2.1.4.12. Public Education.

In coordination with City, Contractor shall execute a public awareness campaign in regard to recycling for Residential and Commercial Customers. This campaign shall include, but not be limited to, a business waste reduction program and a flyer in billing statements every six (6) months. Additional activities shall be available at additional cost by mutual agreement of the PARTIES. Contractor shall provide for each new customer a packet of information regarding the Curbside Recycling and Organic Waste Collection programs. Contractor shall provide information cards to be used in the event that a customer places material out for Recyclables Collection but that material is not acceptable material as set forth in this Agreement. Such card shall be left with the Customer’s Container or bin and shall inform the Customer why the material was not picked up.

2.1.4.13. Hazardous Waste
Contractor shall carry out its duties to notify all agencies with jurisdiction, including the California Department of Toxic Substance Control and Local Emergency Response Providers, and if appropriate, the National Response Center, of reportable quantities of Hazardous Waste, found or observed in Solid Waste anywhere within the City, including on, in, under or about City property, including streets, easements, right of way and City waste Containers. In addition to other required notifications, if Contractor observes any substances that it or its employees reasonably believe or suspect to contain Hazardous Wastes unlawfully disposed of or released on City property, including streets, storm drains, or public rights of way, Contractor also shall immediately notify the City. In the event Contractor discovers Hazardous Waste in any Customer’s Solid Waste, Recyclables, Green Waste, Organic Waste or Food Waste, Contractor shall be entitled to charge that Customer the applicable contamination fee set forth on Exhibit A.

2.1.4.14. Spills by Contractor
Any Solid Waste or Recyclables spilled during the Collection process, shall be the responsibility of Contractor and shall be cleaned up promptly. Contractor’s equipment shall be watertight on the lower portion so as to assure against liquid spillage. Materials scattered from Containers by animals prior to Collection is not the responsibility of Contractor.

2.1.4.15 Container Can Location By Customer
Except as provided in Section 2.1.4.2, Contractor shall not be required to travel upon private residential driveways or other passageways not suitable for heavy equipment. It shall be expected of each Residential Customer to place their Containers in a convenient location at Curbside. 21 2.1.4.16. Altering Service Components
The basic service components can be altered by the City Council, with corresponding adjustments in compensation, subject to Contractor’s written consent.

2.2. Performance Requirements

2.2.1. Contractor Equipment
CONTRACTOR shall provide the equipment and workforce reasonably necessary to properly and safely accomplish the Solid Waste Collection and Recyclables Collection and Processing called for in this Agreement. Equipment shall be kept in a clean, sanitary condition and shall be maintained in accordance with the manufacturers’ recommendations and industry standards.

Collection vehicles shall be freshly painted in a uniform manner, and have Contractor’s identity, local telephone number, and unique vehicle identification number designed by Contractor for each vehicle painted or decaled on side so as to be clearly visible. Contractor shall not place City's name or City's logo on Contractor’s vehicles. Contractor shall exercise competent supervision over the operation of its equipment. Collection vehicles shall comply with all requirements established by the California Air Resources Board and/or the Lake County Air Quality Management District, provided that any change in such requirements adopted after the Effective Date shall constitute a Material Change in Law. All vehicles used by the Contractor shall be registered with the California Department of Motor Vehicles. All such vehicles shall have bodies designed to prevent leakage, spillage or overflow, and shall meet or exceed state or federal air quality requirements.

Contractor shall maintain all of its properties, vehicles, facilities, and equipment used in providing service under this Agreement in a good, safe, neat, clean and operable condition at all times.

The City may inspect vehicles at any time to determine compliance with this Agreement.

Contractor shall also make vehicles available to the Lake County Health Department or other local, state, or federal agency for inspection, at any frequency it requests.

Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly.

Vehicles that are not operating properly shall be removed from service and repaired. Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Contractor shall keep accurate records of all vehicle maintenance and inspections, recorded according to date and mileage and shall make such records available to the City upon request.

Zero Emission Vehicle Technology Transition. City and Contractor shall proactively take such steps as are necessary to plan for, and upon City direction execute, transition of the Contractor’s Collection Vehicles to reliance on electricity or other zero emission technologies as a fuel source.

Contractor shall report to the City no less than annually on the status of the transition. The City and Contractor shall, no less than annually, confer on the degree to which it is technologically and economically feasible to transition some or all Collection Vehicles to electricity or other zero emission technology. In determining whether it is economically feasible to transition Collection Vehicles per this Section, the City and Contractor shall review and evaluate Contractor’s current and historical finances and profitability. Upon a determination by the City that it is technologically 22 and economically feasible to transition some or all Collection Vehicles to electricity or other zero emissions technology, or that such transition is required by Applicable Law, Contractor shall proceed to purchase and operate such vehicles on a schedule mutually agreed to by Contractor and City, and subject to agreement regarding changes in Contractor’s Compensation that are reasonable and necessary for the transition. Contractor shall be entitled to a change in Contractor’s Compensation for construction of an electric charging or other fueling station, subject to the mutual agreement of the City and Contractor and approval of the City Council. Contractor will coordinate with the City in finding or constructing a suitable charging or other fueling station for Contractor’s electric or other zero emission Collection Vehicles.

2.2.2. Quality of Service
Contractor shall perform service in a courteous, professional, and quality manner. Contractor shall be exceptionally careful to minimize litter in Collecting and transporting waste materials.

2.2.3. Contractor Staffing
Contractor shall maintain a proper office and yard for the management and control of the Solid Waste and Recyclables Collection service at the location it selects. Said office shall be staffed by a person or persons who will respond to telephone or email inquiries during the hours of 8:00 a.m. through 3:00 p.m., Monday through Friday (except holidays).

Contractor shall direct its drivers to note (1) the addresses of any service recipients at which they observe that Solid Waste is accumulating and is not being delivered for Collection; and (2) the address, or other location description, at which Solid Waste has been dumped in an apparently unauthorized manner. Contractor shall deliver the address or description to the City within five (5) working days of such observation.

Contractor shall not discriminate in the provision of service or the employment of persons engaged in performance of this Agreement on account of race, color, religion, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, age, gender, sexual orientation, physical or mental disability, disabled veteran status, Vietnam veteran status, marital status, ancestry, or medical condition in violation of any Applicable Law.

2.2.4. Collection Schedule and Routes
Contractor shall adhere to a Collection frequency schedule and shall have specific routes and Collection days for adhering to that schedule. Contractor shall make such Collection routes, days and times available to City. City shall be informed in writing within five (5) business days if the Collection routes or schedules are modified. Collection routes shall commence and conclude in the Service Area, with no regularly scheduled pickups outside the Service Area.

Contractor shall notify the City thirty (30) days prior to, and Customers no later than fourteen (14) days prior to, any change in Collection operations which results in a change in the day on which Solid Waste and/or Recyclable and Green Waste Collection occurs. Contractor shall not permit any service recipient to go more than seven (7) calendar days without service in connection with a Collection schedule change.
23 2.2.5. Missed Service
When notified of Missed Service, Contractor shall Collect the Solid Waste, Recyclable Materials or Green Waste on the same day, if possible, but in no event more than one (1) business day (24 hours) after receipt of notice. Contractor shall promptly and properly respond to all other complaints and notify City when response is completed.

2.2.6. Special Services

Contractor shall provide special services, in accordance with Contractor’s license, to Residential and Commercial Customers, in addition to those described above, and receive fees as agreed upon between Contractor and such Customers for those services. Contractor shall charge rates for special service uniformly among all Customers. Contractor shall provide a list of special service rates to City.

2.2.7. Time Limits of Collection
Contractor’s hours of operation shall be 5:00 a.m. through 6:00 p.m., Monday through Friday (except holidays). To preserve peace and quiet, no Collections may be performed from or within two-hundred (200) feet of Residential Premises between 6:00 P.M. and 5:00 A.M. on any day.

Collection of Solid Waste and Recyclables from Commercial, industrial and institutional properties shall be scheduled subject to the prior approval of the City.

2.2.8. Contractor’s Records and Confidentiality
Contractor’s operational records for Lakeport Disposal, Inc., providing information reasonably necessary to perform a cost of service analysis to ensure that mandatory rates conform with Proposition 218 and other Applicable Law, shall be open and accessible for inspection by City at all times upon forty-eight (48) hours’ prior written notice, but City shall keep such records confidential and not disclose them to third parties to the maximum extent permitted by Applicable Law, provided that nothing in this section shall be deemed to preclude or prevent City from using an outside agent to review records subject to such person’s agreement to such confidentiality restrictions. Contractor shall maintain all documents, ledgers, invoices, canceled checks, and records to demonstrate performance under this Agreement for a minimum period of three (3) years or any longer period required by law.

City, at its option, may terminate this Agreement or seek other remedies as described in the Agreement if Contractor, directly or acting through agents, presents materially false information that Contractor knows or reasonably should know to be false.

2.2.9. Remedies for Faulty Performance
In the event Contractor defaults in the performance of any of the material covenants or agreements to be kept, done or performed by Contractor under the terms of this Agreement, City shall notify Contractor in writing of the nature of such default. Following receipt by Contractor of such notice, Contractor shall:
24 Correct the default within thirty (30) business days; or In the case of a default that is not capable of being corrected within thirty (30) business days, as determined in City’s reasonable discretion, Contractor shall commence correcting the default within thirty (30) business days of City’s notification thereof, and thereafter correct the default with reasonable diligence; or
If the City determines that public health or safety is at risk, the City may require the default be corrected within seven (7) calendar days of written notice to Contractor.

If Contractor fails to correct a default within the applicable period of time, City, upon seven (7) calendar days prior written notice, shall have all of the following rights and remedies, subject to Section 2.2.13:

2.2.9.1. Termination of Agreement
The right to terminate this Agreement in accordance with the terms and procedures set forth herein.

2.2.9.2. City’s Right to Rent or Lease Contractor’s Equipment The right to use equipment from Contractor, for the purpose of Collecting, transporting, and/or Disposing of Solid Waste or Recyclables which Contractor is obligated to Collect, transport or Dispose of pursuant to this Agreement, until such time as a new franchise is awarded, or the expiration of one hundred and twenty (120) days from the day City begins operation under this subsection, whichever occurs first. During such period of use of Contractor’s equipment, City shall pay Contractor a reasonable rental value of the facilities, vehicles, equipment and records used by City, but Contractor shall be entitled to no other compensation. Said rental value shall be off-set by any monies owed by Contractor to City at time of default. During such period of operation by City, the liability of City to Contractor for loss or damage to such equipment shall be limited to willful and/or negligent acts or omissions by City, ordinary operational wear and tear being specifically exempt from such liability. During such period of operation by City, City shall have access to Contractor’s records for the purpose of billing and operation, and shall retain all payments and funds received for said period.

2.2.9.3. Damages
The right to obtain damages and/or injunctive relief as both PARTIES recognize that in the event of default under the terms of this Agreement by Contractor, City may suffer irreparable injury and incalculable damages sufficient to support injunctive relief to enforce the provisions of this Agreement and enjoin the breach thereof.

2.2.9.4. Liquidated Damages
Assess damages not to exceed two hundred fifty dollars ($250) per incident, for Contractor’s breach of any requirement of this Agreement. The amount of such assessment shall be deemed, without proof, to represent liquidation of damages, actually sustained by City by reason of Contractor’s failure to perform. Contractor shall pay any liquidated damages assessed by City 25 within thirty (30) days after they are assessed, subject to Section 2.2.9.4. This provision is separate and apart from City’s right to enforce the provisions of the performance bond provided for in this Agreement and is intended to provide compensation to City for actual damages. By initialing below, the PARTIES agree that the liquidated damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement.

Contractor City
Initial Here: _______ Initial Here: _______

2.2.10. Other Rights of City
City’s election of any remedy shall not constitute a waiver by City of any other right or remedy it may have under this Agreement.

2.2.11. Appropriate Remedies
In determining which remedy or remedies for Contractor’s default are appropriate, City shall take into consideration the nature of the violation, the person or persons bearing the impact of the violation, the nature of the remedy required in order to prevent further such violations and such other matters as City may deem appropriate.

2.2.12. Cost of Performing Remedies
City’s costs in perfecting or making use of the remedies set forth herein may be drawn from Contractor’s performance bond (see Section 2.5.3).

2.2.13. Contractor’s Right to Hearing
No default under this Agreement shall be deemed “failed to correct” or no liquidated damages shall be assessed unless: (1) Any right to cure period has expired; and (2) Contractor has been given the right to be heard by the City Manager and to present exculpatory evidence.

2.3. Compensation to Contractor

2.3.1. Full and Complete Compensation
Contractor’s Compensation provided for in this Section 2.3 shall be the full, entire and complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, overhead, profit, and all other things necessary to perform all the services required by this Agreement in the manner and times prescribed.

2.3.2. Maximum Service Rates
The rates in effect on the date of this Agreement as set forth in Exhibit A (the “Maximum Service Rates”) shall be the maximum amount Contractor may charge customers as full, entire and complete compensation due pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, letters of credit, overhead, disposal, transfer, profit and all other 26 things necessary to perform all the services required by this Agreement in the manner and at the times prescribed until rates are changed. Contractor shall impose no other charges for services provided to Customers unless approved in writing by City.

The City may hold a public hearing on or about the first anniversary date of this Agreement and on or about each subsequent anniversary, at which time Contractor shall be present and shall participate, to review its services and overall performance. The purpose of the hearing is to provide for a discussion and review of technological, economic, and regulatory changes in Collection to ensure services are being provided with adequate quality, effectiveness and economy.

Within forty-five (45) calendar days after receiving notice from the City of a performance review hearing, Contractor shall, at a minimum, submit a report to the City indicating changes recommended or new services to improve the City's ability to meet the City's waste reduction and recycling obligations and goals and to contain costs and minimize impacts on rates.

The reports required by this Agreement regarding service recipient complaints shall be used as one basis for review. Contractor may submit other relevant performance information for consideration.

The City may request Contractor to submit specific information for the hearing. In addition, any Customer or service recipient may submit written comments or complaints during or before the hearing and these shall be considered.

Topics for discussion and review at the performance hearing shall include, but shall not be limited to, services provided, feasibility of providing new services, application of new technologies, service recipient complaints, amendments to this Agreement, developments in the applicable laws and regulations, new initiatives for meeting or exceeding waste reduction and recycling goals, regulatory constraints and Contractor performance. The City and Contractor may each select additional topics for discussion at any performance review hearing.

Not later than sixty (60) days after the conclusion of each performance hearing, the City may issue a report. As a result of the review, the City may require Contractor to provide expanded or new services within a reasonable time and for reasonable rates and compensation and the City may direct Contractor to take corrective actions for any performance inadequacies.

Contractor is also required to conduct an annual customer survey, the results of which shall be made available to the City upon request.

2.3.3. Rate Adjustment.

Contractor may apply for annual adjustments to Maximum Service Rates by submitting a Rate Adjustment Application. To apply for rate adjustments effective July 1, 2025 and July 1, 2026, Contractor shall submit Rate Adjustment Applications to the City by April 1, 2025 and April 1, 2026, respectively. Contractor shall be responsible for calculating and submitting the 2025 and 2026 Rate Adjustment Application to the City, which shall include each of the elements described in Section 2.3.3.2 of this Agreement.

For Rate Adjustment Applications submitted by Contractor after April 1, 2026 and subsequent years, Contractor shall be responsible for calculating and submitting the Rate Adjustment Applications to the City, which shall include each of the elements described in Section 2.3.3.2 of this Agreement.
27 2.3.3.1. CPI Adjustments
Beginning on April 1, 2025, and annually thereafter during the Term, the Collection Elements of the Maximum Service Rates shall be adjusted by the Not Seasonally Adjusted, All Items, All Urban Consumers (CPI-U) for San Francisco-Oakland-San Jose, California (Series ID:
cuura422Sa0), hereinafter called “CPI,” as measured for the previous twelve (12) months ending in February of each year.

In any year that the CPI results in a negative number, there shall be no adjustment of the Collection Elements. Notwithstanding the increases as set forth above, the rate shall not be increased more than 5% (five percent).

Rounding. Annual adjustments shall be made only in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments and shall be rounded down to the nearest whole cent ($0.01). CPI indices shall be truncated at four (4) decimal places for the adjustment calculations.

CPI Rate Adjustment Application. On or before April 1, 2025, and April 1, 2026, Contractor shall deliver to City the Rate Adjustment Application for Collection services performed under this Agreement for the preceding Agreement Year. If Contractor fails to submit the Rate Adjustment Application in the approved format by April 1, it is agreed that Contractor shall be deemed to have waived the Rate Adjustment for that year. Contractor’s failure to provide the Rate Adjustment Application shall not preclude City from applying the CPI using the prior year’s financial data, or pro forma data if no prior year financial data is available.

If Contractor’s failure to submit the Rate Adjustment Application required herein is the result of extraordinary or unusual circumstances as demonstrated by Contractor to the satisfaction of the City Representative, City, in its sole discretion, may consider the untimely Rate Adjustment Application and may approve a rate change with a different effective date.

City Approval of Contractor Rate Application. As of May 1, 2025, and annually thereafter during the Term, the City Representative shall notify Contractor whether or not the Rate Adjustment Application was approved by City and the affected service rates to take place on the subsequent July 1. If Contractor submits an untimely Rate Adjustment Application, the City may approve a rate change with a different effective date.

2.3.3.2. RRI Adjustments
Beginning on July 1, 2027, and annually thereafter, Contractor shall, subject to compliance with all provisions of this Section and City approval of a Rate Adjustment Application, receive an annual adjustment to the Maximum Service Rates as set forth in Exhibit A to this Agreement. This adjustment will be calculated using a Refuse Rate Index (RRI).

RRI Adjustment. Beginning on July 1, 2027, and annually thereafter during the term of this Agreement, the Maximum Service Rates set forth in Section 2.3.2 above shall be adjusted by the RRI adjustment set forth below.
28 The RRI adjustment shall be the sum of the weighted percentage change in the Annual Average of each RRI index value between the base fiscal year, which shall be the prior preceding calendar year ending December 31st and the preceding fiscal year ending December 31st as contained in the most recent release of the source documents. Therefore, the first RRI adjustment to the Maximum Service Rates will be based on the percentage changes between the Annual Average of the RRI indices for the calendar year ended December 31, 2025, and the Annual Average of the RRI indices for the calendar year ended December 31, 2026. The RRI shall be calculated using the RRI methodology included in Exhibit C.

Rate Adjustment Period. By April 1st, 2027, and annually thereafter during the remaining term of the contract, the Contractor shall submit a Rate Adjustment Application to City containing the RRI adjustments to the Maximum Service Rates. If a Rate Adjustment Application is timely submitted, approved rate adjustments will be effective July 1st of each year and shall be reflected in the next billing cycle. Any increase to rates shall be prorated over the course of the billing year in such a manner to recover any incremental loss in revenue due to the billing cycle.

Annual Rate Cap on Maximum Service Rates. In any Rate Year that the calculation of the RRI exceeds five percent (5%), the total adjustment for that year will equal five percent (5%), except as provided by Section 2.3.3.4 of this Agreement, and there will be no rollover amount added to the rate adjustment percentage in the following year, or any subsequent year. In any year that the calculation of the RRI results in a negative number, there shall be no adjustment of the Maximum Service Rates. Instead, the RRI number shall be the result of the cumulative change in the RRI for the two-year period prior and shall be the RRI adjustment for that subsequent year.

Rounding. Adjustments to the overall Maximum Service Rates shall be made only in units of one cent ($0.01). Fractions of less than one cent ($0.01) shall not be considered in making adjustments and shall be rounded down to the nearest whole cent ($0.01). All RRI indices shall be rounded at two (2) decimal places for the adjustment calculations.

Maximum Service Rate Adjustment Report. On or before April 1 of each year of the Term, Contractor shall deliver to City a report on its proposed adjustment to the Maximum Service Rates for the subsequent calendar year (the “Adjustment Report”). The Adjustment Report shall be in a format as may be mutually agreed on between the City and Contractor and must contain or be accompanied by Contractor’s adjustment calculations for the specific services performed under this Agreement during the preceding Agreement Year in Microsoft Excel or another electronic format acceptable to the City. Contractor shall be solely responsible for the cost of preparing the Adjustment Report.

Corrections. In the event the City determines the Adjustment Report contains errors or omissions, Contractor shall, at its sole cost, provide a corrected report to the City. A corrected report submitted after April 1 shall be treated as a late report.

Late Report. If Contractor fails to submit the Adjustment Report by April 1, the City may: (1) accept and consider the late Adjustment Report if the City, in its sole and reasonable discretion, deems there is sufficient time to review and approve the proposed adjustment in time for it to be implemented on July 1; or (2) accept and consider the late Adjustment Report at its earliest 29 convenience, in which case the City may approve a rate change with a different effective date. In no event shall Contractor apply any rate adjustment retroactively.

No Report. If Contractor fails to provide any Adjustment Report, the Maximum Service Rate shall remain unchanged for the next calendar year.

City Approval. If Contractor provides a timely Rate Adjustment Application and Adjustment Report, the City Manager shall notify Contractor on or before June 15 whether the City has approved the requested adjustments to the Maximum Service Rates for the next Rate Year.

Approval by the City Council shall be required for any requested rate adjustment of more than five percent (5%), which shall only be permitted pursuant to Section 2.3.3.3 (Adjustments Due to Material Change in Law) below. The City Manager may approve all other requests or refer them to the City Council at his or her discretion.

Contractor Payment for RRI review. Contractor shall be responsible for paying the City’s cost of reviewing the Adjustment Report and Rate Adjustment Application in an amount not to exceed Fifteen Thousand ($15,000) per year. If the City determines that Contractor has made errors and/or has not properly submitted or correctly calculated the RRI adjustment, the City may add reasonable additional costs over the maximum amount stated above to conduct a second review and analysis. Any portions of advanced payment not utilized by City shall be returned to Contractor.

2.3.3.3. Adjustments Due to Material Change in Law.

If a Material Change in Law occurs after the Effective Date, then City and Contractor shall negotiate in good faith a reasonable and appropriate adjustment to Maximum Service Rates sufficient to offset Contractor’s increased allowable costs of operation or reduced Gross Revenue resulting from the Material Change in Law. If an adjustment due to Material Change in Law is to be conducted, Contractor shall make an advance payment to City to compensate City for the cost of its rate consultant.

The City and Contractor may review and agree on the amount of any rate adjustment pursuant to this Agreement. Contractor shall bear the burden of justifying to City any adjustment due to a Material Change in Law and shall bear the cost to prepare supporting documents and its request for an adjustment. City may request from Contractor such further information as it reasonably deems necessary to fully evaluate Contractor’s request and to make its determination whether Contractor has satisfied its burden.

Review Costs. At the time of its request, Contractor shall also submit a payment to the City of Twenty Thousand Dollars ($20,000) to defray the City’s costs to review the request for a Material Change in Law rate increase. In the event the City’s reasonable costs exceed that amount, Contractor shall reimburse the City for any documented amount in excess. Any portion of advance payment not utilized by the City shall be returned to Contractor.

2.3.3.4. Adjustments Due to Extraordinary Change in Cost Independent of and separate from the adjustments due to Material Change in Law outlined in Section 2.3.3.3, Contractor and City acknowledge that there may be infrequent extraordinary events, which, although they do not prevent either party from performing, and thus do not implicate the force majeure provisions hereof, nevertheless increase the cost of providing services above the Maximum Service Rates articulated in Section 2.3.2. The obligation of the parties in such event is to act reasonably toward each other in arriving at an appropriate adjustment in rates. Accordingly, at its option, Contractor may apply to the City for an extraordinary rate adjustment should an event or circumstance arise which negatively impacts the economic operation of Contractor and which is in excess of the rate adjustment resulting from the application of Section 2.3.3.1.

An extraordinary adjustment in rates will be deemed justified if it is necessary for the Contractor to make a substantial change in its operations, or substantial capital expenditure or investment to perform its obligations under this Agreement due to the occurrence of an event or circumstance which is beyond the reasonable control of Contractor. Extraordinary rate adjustments shall only be effective after approval by the City Council. Contractor applications for extraordinary rate adjustments are limited to three (3) during the Agreement term, including any extensions thereof.

Contractor’s Burden. In the event of such an application for an extraordinary rate increase, it is understood that the Contractor shall have the burden of demonstrating to the reasonable satisfaction of the City the basis for the extraordinary increase cost. Contractor shall bear the burden of justifying its request and shall be solely responsible for the cost of preparing and submitting sufficient documentation in support of its request. City in its sole reasonable discretion may request Contractor to provide any additional information it deems necessary to fully evaluate the request, and Contractor shall be solely responsible for the cost of providing such additional information. Contractor shall allow City to review a report of its annual revenues and expenses for the services provided in the City. City shall have the right to review this information in connection with the City’s review of Contractor’s extraordinary rate adjustment request.

Review Costs. At the time of its request, Contractor shall also submit a payment to the City of Twenty Thousand Dollars ($20,000) to defray the City’s costs to review the request for an extraordinary rate increase. In the event the City’s reasonable costs exceed that amount, Contractor shall reimburse the City for any documented amount in excess. Any portion of advance payment not utilized by the City shall be returned to Contractor.

City shall notify Contractor of its determination within ninety (90) days of receipt of the written request and all other additional information reasonably requested by City. Any such change will be implemented on the following July 1, or within any other time frame agreed upon by City and Contractor, following written amendment to this Agreement and approval of the amendment by the City Council.
31 2.3.4. Billing
City shall collect all fees and maintain billing services and records for services provided under this Agreement, except that Contractor shall collect all fees and maintain billing services and records for Roll-Off, Temporary Container and Compactor Service. Revenues collected shall be handled as described in Section 2.3.6 of this Agreement. City shall prepare, mail and collect bills (or shall issue written receipts for cash payments) from persons receiving Collection, Disposal, and Processing services, except that Contractor shall prepare, mail and collect bills (or shall issue written receipts for cash payments) from persons receiving Roll-Off, Temporary Container and Compactor Service. City may bill customers in conjunction with other City services, but shall indicate on such combined billing a separate charge for Contractor’s services performed under this Agreement.

A. Billing shall be performed monthly for each account. Bills shall be mailed in advance of the provision of service but no more than one month in advance. City shall have the right to revise the billing format (size, font, frequency, etc.) and to itemize certain charges and to adjust the Billing procedures.

B. Contractor shall establish rates for the services provided, subject to City Council approval and subject to the procedural requirements of Article XIII D of the California Constitution and to the provisions of Government Code section 53750 et seq. or any other implementing legislation of that Article, and Contractor shall bill and collect at rates which satisfy those constitutional and statutory requirements.

C. City shall coordinate and provide the notices, hearings, and certifications required by Article XIII D of the California Constitution and the provisions of Government Code section 53750 et seq.

D. Service recipients will be considered delinquent sixty (60) calendar days after start of the month in which the services are provided. City may direct Contractor to discontinue service to any account, or Contractor may elect to do so, if payment is not received by City or Contractor within thirty days after the end of the month in which the bill was issued. City or Contractor (party which bills customer) must provide all accounts with written notice of its intent to discontinue service at least thirty (30) calendar days prior to such discontinuance.

E. The Contractor may request that City insert mailers relating to service with the Billings. The mailers must fit in standard envelopes and not increase the required postage.

Contractor will provide not less than thirty (30) calendar days’ notice to City prior to the mailing date of any proposed mailing to permit City to make appropriate arrangements for inclusion of the materials. Contractor will provide City the mailers at least fifteen (15) calendar days prior to the mailing date.

F. Records Retention. City or Contractor shall maintain copies of billing records and receipts, in chronological order, for a period of three (3) years after the date of service.

City or Contractor may, at its option, maintain those records in computer form, or in any other manner, provided that the records can be preserved and retrieved for inspection and verification in a timely manner.

G. Review of Billings. Contractor shall review Billings to determine that the 32 amount which City is billing each service recipient is correct in terms of the level of service (i.e., frequency of Collection, size of Container, location of Container) provided to such service recipient by Contractor. Contractorshall review service recipient accounts not less than every other year, unless the City shall direct Contractor to do so annually, and submit to the City a written report of that review annually on the anniversary of the effective date of this Agreement. The intent of this Section is for the City to receive reports on a regular basis which will cover the entire list of service recipients. The scope of the review and the reviewer’s work plan shall be submitted to the City for approval no later than six (6) months before the submission of the first report.

H. Option for Contractor to Conduct Billing. Contractor may propose to collect all fees and maintain billing services and records for services provided under this Agreement in a formal proposal to the City. Revenues collected shall be handled as described in Sections 2.3.4 through 2.3.6 of this Agreement. If the option is accepted by the City, the Contractor shall prepare, mail and collect bills (or shall issue written receipts for cash payments) from persons receiving Collection, Disposal, and Processing services in accordance with Sections 2.3.4 through

2.3.6 of this Agreement. As part of proposal Contractor shall propose how the Administration Fee referenced in Section 2.3.6.2 of this Agreement will be allocated if the proposal is agreed to by City.

2.3.5. No Extra Fees
Subject to Section 2.3.2 above, Contractor shall not, nor shall it permit any agent, employee or subcontractor employed by it to, request, solicit, or demand, either directly or indirectly, any compensation or gratuity other than Contractor’s rates hereunder for the Collection of Solid Waste or Recyclables required to be Collected under this Agreement.

2.3.6. Franchise Fee and Administration Fee

2.3.6.1. Franchise Fee Amount
In consideration of the exclusive franchise provided in Section 1.9 of this Agreement, including the right to use City’s streets and property beyond the ordinary or generally available use thereof and based on the reasonable value of the rights provided to Contractor herein, City shall be entitled to a Franchise Fee equal to the following percentage of Contractor’s monthly gross revenue from all Collection operations, including Residential and Commercial billings, construction box billings, and Roll-Off, Temporary Container and Compactor Service billings, or any other Collection operation that may be implemented in the future, under this Agreement: ten percent (10%) so long as the Maximum Service Rates are in effect. The Franchise Fee shall not be calculated based on any Recyclable operations revenue. The Franchise Fee may only be adjusted by City during a rate adjustment analysis year.

2.3.6.2. Administration Fee
In consideration for the City providing billing, collection of fees, and related record-keeping services for Contractor in connection with the services Contractor shall provide under this Agreement, City shall be entitled to withhold an Administration Fee. The Administration Fee shall be equal to four percent (4%) of gross revenue for Collection operations for each month, excluding gross revenues from Roll-Off, Temporary Container and Compactor Service billed by Contractor, 33 and shall be withheld by the City prior to remittance of collected fees to Contractor; provided that the City may change the Administration Fee and provide for further changes upon approval of increased rates and a schedule of future adjustments under section 2.3.3.

2.3.6.3. Time and Method of Payment
A. On or before the twentieth (20th) day after the end of each calendar month during the Term of this Agreement, City shall remit to the Contractor the amounts the City has billed Customers for the preceding month, less the Franchise Fee amount for that month and the Administration Fee for that month. For example, remittance payments would be due to the Contractor on April 20th for the calendar month of March. Each monthly remittance to Contractor shall be accompanied by a statement detailing the basis for the Franchise Fee and Administration Fee calculations.

B. On or before the twentieth (20th) day after the end of each calendar month during the Term of this Agreement, Contractor shall remit to the City the Franchise Fee payment for the preceding month for Roll-Off, Temporary Container and Compactor Service billed by Contractor.

For example, Franchise Fee remittance payments would be due to the City on April 20th for the calendar month of March. Each monthly remittance to the City shall be accompanied by a statement detailing the basis for the Franchise Fee calculation. If the Fees are not paid on or before the twentieth (20th) day after any calendar month, Contractor shall pay to the City a late payment penalty in an amount equal to five (5) percent of the amount owing for that month. Contractor shall pay an additional five (5) percent owing on any unpaid balance for each following thirty (30) day period the Fee remains unpaid. The late payment penalty amounts are not intended as interest on debt, but rather are intended as a predetermined penalty for failure to meet an obligation under this Agreement.

2.4. Records, Reports and Information Requirements

2.4.1. General.

Contractor shall conduct data collection, information and record-keeping, and shall submit reports to the City reporting activities needed to comply with and to meet the reporting and Solid Waste program management needs of the City (including, but not limited to, AB 939, AB 341, AB 1826, SB 1383, and other Applicable Laws) and other Federal and State and local laws and regulations and the requirements of this Agreement. To this extent, such requirements set out in this and other Sections of this Agreement shall not be considered limiting or necessarily complete. In particular, this Section is intended to only highlight the general nature of records and reports and their minimum content and is not meant to comprehensively define what the records and reports are to be and their content. Further, with the written direction or approval of City, the records and reports to be maintained and provided by Contractor in accordance with this and other Sections of the Agreement shall be adjusted in number, format, or frequency. Records and reporting may be revised to reflect current record keeping and reporting.

2.4.2. Records
A. Purpose. In order to administer this Agreement, Contractor must maintain accurate, detailed financial and operational information in a consistent format and to make such information available to the City in a timely fashion. Contractor shall maintain records required to 34 conduct its operations, to support requests it may make to the City, and to respond to requests from the City in the conduct of City’s business. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake.

Electronically maintained data and records shall be protected and backed up. All records shall be maintained for five years after the expiration of this Agreement. Contractor agrees that the records of Lakeport Disposal, Inc., shall be provided or made available to the City and its official representatives during normal business hours and on 72 hours’ notice.

B. Inspection and Retention of Records
(1) Contractor’s Accounting Records. Contractor shall maintain accurate and complete accounting records containing the underlying financial and operating data relating to and showing the basis for computation of all costs associated with providing services under this Agreement. The accounting records shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP) consistently applied.
(2) Inspection of Records. The City, and agents selected by the City, shall have the right, during regular business hours and on 72 hours’ notice, to conduct inspections of the records of Lakeport Disposal, Inc., City of Lakeport operations only, and any documents reasonably necessary to complete financial or performance reviews of Contractor City-contracted analyst may make copies of any documents relevant to this agreement that have been directly provided by Contractor to analyst only upon execution of non-disclosure agreement between Contractor and City-contracted analyst. City-contracted analyst shall not provide to City any proprietary confidential information covered under the non-disclosure agreement. (3) Retention of Records. Unless otherwise herein required, Contractor shall retain all records and data required to be maintained by this Agreement for at least five (5) years.

Records and data required to be maintained that are not specifically directed to be retained that are, in the sole opinion of the City, material to establishing rates or to a determination of the Contractor’s performance under this Agreement, shall be retrieved by Contractor and made available to the City upon request. Records and data required to be maintained that are not specifically directed to be retained and that are not material to establishing rates or not required for the determination of the Contractor’s performance do not need to be retrieved by Contractor. (4) Delivery of Financial Statements. Financial statements shall show Contractor’s results of operations for the company including the specific revenues and expenses in connection with the operations provided for in this Agreement. Specific expenses connected to services provided by the City may be in the form of allocated expenses based on financial statements for the company at the most local business unit level. Allocations of expenses must be documented based on quantifiable metrics and provided to the City upon request. The financial statements shall be prepared in accordance with Generally Accepted Accounting Principles (GAAP). The financial statements shall be prepared annually by the Contractor. The financial statements shall be presented on a comparative basis, e.g., the profit and loss statement shall report results from operations of the most recent year and the preceding year. The annual financial statements shall include a profit and loss statement and a current service rate schedule presented on a comparative basis, comparing the most recent year with the report year immediately prior (if such exists). Financial statements shall be audited by independent certified public accountant are 35 required to be submitted to the City annually no more than 120 days after the close of the Contractor’s fiscal year. Financial statements shall be sent to the City, attention Finance Director, Finance Department.
(5) Solid Waste Records. Contractor shall maintain records of all Solid Waste Collected in the City’s Service Area for the period of this Agreement and all extensions to this Agreement or successor Agreements. In the event the City requests certain records or Contractor discontinues providing services to the City, Contractor shall provide all records of all Solid Waste requested to the City within thirty (30) days of discontinuing service. Records shall be in chronological and organized form and readily and easily interpreted. (6) Recyclables and Green Waste Services. Contractor shall provide the same information as Solid Waste service, but for Recyclables and Green Waste services, Contractor shall also provide:
(a) Total tons divided by each program or service (e.g., Residential Curbside Recycling, Residential Green Waste, Commercial Recycling), by material type and end use (b) Number of accounts for each program or service, number and size of Containers and total tons Recycled by material type
(c) Participation and set-out rates in same format as number of accounts (d) Recyclable Materials sales revenue by material type. (7) Reporting Adverse Information. Reporting Adverse Information.

Contractor shall provide the City two copies (one to the City Manager, one to the City Attorney) of all reports, pleadings, applications, notifications, Notices of Violation, communications or other material relating specifically to Contractor's performance of services pursuant to this Agreement, submitted by Contractor to, or received by Contractor from, the United States or California Environmental Protection Agency, the California Integrated Waste Management Board, the Securities and Exchange Commission or any other Federal, State or local agencies, including any Federal or State court. Copies shall be submitted to the City simultaneously with Contractor's filing or submission of such matters with said agencies. Contractor's routine correspondence to said agencies need not be routinely submitted to the City, but shall be made available to the City promptly upon the City's written request.
(8) Failure to Report. The refusal or failure of Contractor to file any required reports, or to provide required information to the City, or the inclusion of any materially false or misleading statement or representation by Contractor in such report shall be deemed a material breach of the Agreement and shall subject Contractor to all remedies which are available to the City under the Agreement or otherwise. (9) CERCLA Defense Records. The City views the ability to defend against CERCLA and related litigation as a matter of great importance. For this reason, the City regards the ability to prove where Collection was taken for Transfer or Disposal, as well as where it was not taken, to be matters of concern. Contractor shall maintain data retention and 36 preservation systems which can establish where Collection was disposed of (and therefore establish where it was not landfilled). This provision shall survive the expiration of the period during which Collection services are to be provided under this Agreement. Contractor shall maintain these records for a minimum of ten (10) years. Contractor shall provide these records to the City in an organized and indexed manner rather than destroying or disposing of them.

2.5. Indemnification, Insurance and Performance Bond

2.5.1. Hold Harmless and Insurance.

2.5.1.1. Hold Harmless. Contractor shall indemnify and hold harmless City, its public officials, officers, directors, employees, agents and other contractors, from and against any and all claims, costs, losses and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals as well as all Court or other dispute resolution costs), liabilities, expenditures or causes of action of any kind (including negligent, reckless, willful or intentional acts or omissions of the Contractor, any subcontractor, any supplier, any person or organization directly or indirectly employed by any of them to perform or furnish any services or anyone for whose acts any of them may be liable), arising from, relative to or caused by the award of this Agreement or the performance of the services authorized or required by this Agreement. This indemnity includes but is not limited to claims attributable to bodily injury, sickness, disease or death and to injury or destruction of tangible property. Contractor agrees, at Contractor’s expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City’s option, may elect not to tender such defense and may elect instead to secure its own attorneys to defend any such action and the reasonable costs and expenses of such attorneys incurred in defending such action shall be payable by Contractor. Additionally, if Contractor, after receipt of written notice from the City, fails to make any payment due under this Contract to the City, Contractor shall pay any reasonable attorneys’ fees or costs incurred by the City in securing any such payment from Contractor.

Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by Contractor from the City that such amount is due, be made by Contractor prior to the City being required to pay same, or in the alternative, the City, at the City’s option, may make payment of an amount so due and Contractor shall promptly reimburse the City for same, together with interest thereon at the rate of 12% per annum simple interest from the date of receipt by Contractor of written notice from the City that such payment is due. Contractor’s duty to indemnify, hold harmless and defend City shall not apply if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of the City.

2.5.1.2. AB 939 Indemnification. In addition to all other relief provided to the City under this Agreement, and subject to Section 40059.1 of the Public Resources Code, Contractor agrees to indemnify and hold harmless the City, their officers, directors, employees, and agents from and against all fines or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of the Act are not met by the City with respect to the waste stream Collected under this Agreement and such failure is due to the failure of Contractor to meet its obligations under this Agreement or for delays in providing information that prevents the City from submitting reports required by AB 939 in a timely manner.
37 2.5.1.3. Hazardous Substance Indemnification. Contractor shall indemnify, defend with counsel selected by the City, protect and hold harmless the City and its officers, directors, employees, volunteers, and agents, and member agencies, their officers, directors, employees, volunteers, and agents, (collectively, indemnitee) from and against all claims, damages (including but not limited to special, consequential, natural resources and punitive damages), injuries, costs, (including without limit any and all response, remediation and removal costs), losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines, charges, penalties, and expenses (including without limit attorneys' expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity), (Collectively, "Damages") or any kind whatsoever paid, incurred or suffered by, or assessed against, indemnitee arising from or attributable to the acts or omissions of Contractor, its officers, directors, employees, companies or agents, whether or not negligent or otherwise culpable, in connection with or related to the performance of this Agreement, including without limit damages arising from or attributable to any operations, repair, clean-up or detoxification, or preparation and implementation of any removal, remedial, response, closure, post-closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Substance, Hazardous Waste, or construction and street debris, or other waste Collected under this Agreement.

This indemnity afforded indemnitee, shall be limited only to exclude coverage for intentional wrongful acts and active negligence of indemnitee, indemnitee delivery of material to Contractor which does not conform to the descriptions of Solid Waste, Recyclables, Organic Waste, Food Waste, and Green Waste under this Agreement and as provided below. The forgoing indemnity is intended to operate as an agreement in recognition of§ 107(e) of the Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, 42 USC. §9607(e) and California Health and Safety Code §25364 and§79865, to defend, protect, hold harmless, and indemnify the City from liability. This provision is in addition to all other provisions in this Agreement and is intended to survive the end of the Term of this Agreement. Nothing in this paragraph shall prevent Contractor from seeking indemnification or contribution from persons or entities other than indemnitee, for any liabilities incurred by Contractor, or the indemnitee.

Contractor’s obligations pursuant to this section shall apply, without limitation, to:

1. Any Claims brought pursuant to or based on the provisions of any Environmental Law;

2. Any Claims based on or arising out of or alleged to be arising out of the ownership, use, lease, sale, design, construction, maintenance or operation of Contractor of any Facility;

3. Any Claims based on or arising out of or alleged to be arising out of the marketing, sale, distribution, storage, transportation, disposal, processing or use of any materials recovered by Contractor;

4. Any Claims based on or arising out of or alleged to be arising out of any breach of any express or implied warranty, representation or covenant arising out of or in connection with this Contract. 38 2.5.2. Insurance

2.5.2.1. Minimum Scope of Insurance. Contractor shall take out and maintain during the term of this Agreement liability
insurance for the following types and minimum amounts:

1. General liability, including comprehensive form, premises operations, products/completed operations, hazard, contractual insurance, broad form property damage, independent contractors and personal liability, with limits for bodily and property damage combined of $1,00,000 each occurrence and $2,000,000 aggregate.

2. Automobile liability, including comprehensive form, owned, hired and non-owned, with a limit of $1,000,000 for bodily injury and property damage combined.

3. Excess liability, umbrella form with the same scope of coverage and exclusions as the underlying policies, with a limit for bodily injury and property damage combined of $5,000,000 each
occurrence and $5,000,000 aggregate.

4. Hazardous waste and environmental impairment liability of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) annual aggregate.

5. Contractor shall have in effect during the term of this Agreement, workers’ compensation and employer liability insurance providing full statutory coverage as required by the Labor Code of the State of California.

2.5.2.2. The insurance policies required by this Section shall be issued by an insurance company or companies admitted or approved non-admitted to do business in the State of California subject to the Authority of the California Insurance Commissioner and with a rating in the most recent edition of Best's Insurance Reports of size category VII or larger and a rating classification of A or better.

Insurance certificates and policy endorsements evidencing the required coverage shall be filed with City and shall be subject to approval by the City Attorney. City, its City Council, boards, commissions, officers, agents and employees shall be named as additional insureds on any such policies of insurance which shall also contain a provision that the insurance afforded thereby shall be primary. No such policy shall be cancelled or modified except upon thirty (30) days’ prior written notice to City. Insurance is to be placed with admitted California insurers with an A.M.

Best’s rating of no less than A- for financial strength, AA for long-term credit rating and AMB-1 for short-term credit rating. Such notice shall be sent to:

City of Lakeport
City Hall
39 225 Park Street
Lakeport, CA 95453
Attn: City Clerk

2.5.3. Performance Bond.

Simultaneously with the execution of this Agreement, Contractor shall provide City a performance bond in a form approved by the City Attorney securing Contractor’s performance of its obligations under this Agreement and shall maintain such performance bond throughout the Term of this Agreement. If Contractor breaches any obligation under this Agreement, City may serve written notice upon the Contractor and the Surety on its performance bond demanding satisfactory compliance with the Agreement. The principal sum of the performance bond shall be $100,000.00 and shall be accompanied by a Power of Attorney.

2.5.4. Financial Stability.

Prior to Contractor requesting an extension to the term of Agreement as described in Section

1.5.1, Contractor shall obtain a $100,000 line of credit from any reputable financial institution to ensure its credit worthiness and means of meeting its financial obligations. The line of credit at any point in time should not be utilized in excess of 50% of its maximum credit limit. The Contractor also must submit in writing any deterioration in credit worthiness as defined by the lending financial institution or whenever the amount borrowed exceeds 50% of the credit limit.

In conjunction with the establishment of a line of credit or similar financial arrangement, the Contractor also agrees to submit to the City the agreed upon loan documentation and covenants between the borrower and the lender for understanding. All subsequent financial and reporting requirements or changes in the relationship between the Contractor and the lender will be shared with the City within five business days of completion or knowledge of such event. The Contractor will submit to the City all pertinent correspondence, reporting requirements, and loan documentation to meet this requirement.

2.6. Assignment and Subcontractors
Contractor shall not assign this Agreement, or any interest therein, without the written consent of the City Council, which shall not be unreasonably withheld so long as the assignee has sufficient experience and financial strength to perform the assigned services. City may review the competency and financial integrity of the proposed assignee. Consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such consent and approval shall be void and shall, at the option of City, terminate this Agreement. Contractor may subcontract out portions of its service work, but only if approval from City is first obtained.

Contractor’s written request for subcontract approval shall be acted upon by City within thirty (30) days.

2.7. Notices
All notices to be given hereunder shall be deemed delivered upon personal service upon any of the officers of Contractor, upon deposit, postage prepaid, in United States Mail, to:
40 Lakeport Disposal, Inc.

Attn: Lance Butcher
501 N. Main St, Suite A
Lakeport, CA 95453
All notices to be given hereunder shall be deemed delivered upon personal service to the City Manager of the City of Lakeport, upon deposit, postage prepaid, in United Status Mail, to:

City of Lakeport, City Hall
Attn: City Manager
225 Park Street
Lakeport, CA 95453
This Agreement shall inure to and be binding upon the authorized successors or assigns of both PARTIES.

3. GENERAL PROVISIONS

3.1. Relationship of Parties
Contractor shall perform the services required by this Agreement as an independent contractor engaged by City and neither as an officer nor employee of City nor as a partner of a or joint venture with City. No employee or agent of Contractor shall be deemed an employee or agent of City.

Except as expressly provided herein, Contractor shall have exclusive control over the manner and means of conducting the services performed under this Agreement, and all persons performing such services. Contractor shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents. Neither Contractor nor its officers, employees, subcontractors or agents shall obtain any right to retirement benefits, workers’ compensation benefits, or any other benefits which accrue to City employees by virtue of employment with City.

3.2. Conflict of Interest
Contractor represents that it has no known relationships with third parties, City Council members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Contractor from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information. During the term of this Agreement, Contractor shall not perform any work for another person or entity for whom Contractor was not working at the Effective Date if such work would present a conflict interfering with performance under this Agreement. However, City may consent in writing to Contractor’s performance of such work.

3.3. Interpretation of Agreement; Amendment of Agreement The paragraph headings in this Agreement are not a part of the Agreement, but are intended to facilitate reading. The paragraph headings shall have no effect upon the construction or 41 interpretation of any part of this Agreement. Subject to Section 2.1.2 above, this Agreement may only be amended with the written consent of both City and Contractor.

3.4. Customer Privacy
Contractor shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers or the composition or contents or a customer’s refuse or recyclables shall not be revealed to any person, governmental unit, private agency or company unless upon the authority of a court of law, by statute or upon valid authorization of the customer.

This provision shall not be construed to preclude Contractor from preparing, participating in or assisting in the preparation of waste characterization studies or waste stream analyses, which may be required by AB 939. Contractor shall not market or distribute mailing lists with the names and addresses of Lakeport customers. The rights accorded customers pursuant to this section shall be in addition to any other privacy right accorded customers pursuant to federal or state law.

3.5. Contractor Status
Contractor is a corporation, duly organized, validly existing and in good standing under the laws of the State of California. It is qualified to transact business in the State of California and has the power to own its properties and to carry on its business as now owned and operated and as required by law.

3.6. Contractor Authorization
Contractor has authority to enter into and perform its obligations under this Agreement. Contractor and its agents have taken all actions required by law, its operating agreement, or otherwise, to authorize the execution of this Agreement. The person signing this Agreement on behalf of Contractor has authority to do so.

3.7. Agreement Will Not Cause Breach
To the best of Contractor’s knowledge, after reasonable investigation, neither the execution of this Agreement nor the performance of this Agreement by Contractor: (1) conflicts with, violates, or results in a breach of any Applicable Law; or (2) conflicts with, violates or results in a breach of any term or condition of any judgment, order or decree of any court, administrative agencies, or other governmental authority or any agreement or instrument to which Contractor is a party or by which Contractor or any of its properties or assets are bound, or constitutes a default thereunder.

3.8. No Litigation.

To the best of Contractor’s knowledge, after reasonable investigation, there is no action, suit proceeding, or investigation at law or in equity, before or by any court or governmental authority, commission, board, agencies, or instrumentality decided, pending, or threatened against Contractor wherein an unfavorable decision, ruling or finding, in any single case or in the aggregate, would materially adversely affect the performance by Contractor of its obligations hereunder or which, in any way, would adversely affect the validity or enforceability of this Agreement or which would have a material adverse effect on the financial condition of Contractor 42 or any surety guaranteeing Contractor’s performance under this Agreement, which has not been waived by City in writing.

To the best of Contractor’s knowledge, after reasonable investigation, there is no judicial decision that affects the validity of this Agreement and may subject this Agreement to legal challenge.

3.9. Professional Manner.

The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that the residents and businesses within the Service Area are provided reliable, courteous and high-quality service at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this Article, whether or not such other aspects are enumerated elsewhere in the Agreement.

3.10. Compliance with Laws.

Contractor shall comply with all local, state, and federal laws. Contractor shall comply with all City policies regarding Collection of Solid Waste, Organic Waste, Food Waste, Green Waste, and Recyclable Materials. Contractor shall comply with those provisions of the ordinances and municipal codes of the City which are applicable, including by not limited to Chapter 8.16 Solid Waste, Garbage Collection and Disposal, and with any and all amendments to such applicable provisions during the term of this Agreement provided, however, that if a change in any such municipal code materially affects Contractor's annual cost of operations, the Contractor shall be entitled to an interim compensation adjustment using the procedures described for rate adjustments generally.

3.11. Licensing.

Contractor shall obtain and maintain throughout the term of this Agreement all permits, licenses and approvals necessary or required for Contractor to perform the work and services described herein, whether issued by the City, the County of Lake, the State of California, or any federal agency. City shall cooperate with Contractor, to the best of its ability, in connection with such permits, licenses and approvals, and shall renew all such permits, licenses and approvals issued by City, provided that Contractor is not in default of this Agreement and provided Contractor shall have fulfilled all existing requirements for the renewal of such permits, licenses and approvals.

3.12. Ability to Perform
Contractor possesses the business, professional, and technical expertise to manage, handle, treat, store and Dispose of Solid Waste, Organic Waste, Food Waste, Green Waste, and Recyclable Materials and possesses the equipment, plant, and employee resources required to perform this Agreement.
43 3.13. Complete Agreement.

This Agreement, including the Exhibits, represents the full and complete Agreement between Contractor and City with respect to the matters covered herein.

3.14. Modification of Agreement
This Agreement may not be modified or amended in any respect except by a writing signed by Contractor and City. Any conflict between the body of the Agreement and the Exhibits shall be resolved in favor of the Agreement.

3.15. Governing Law and Jurisdiction
This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. Any lawsuits between the PARTIES arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits. With respect to venue, the PARTIES agree that this Agreement is made in and will be performed in Lake County, California.

3.16. Litigation
Should any litigation be commenced between the PARTIES hereto concerning this Agreement, or the rights and duties of any party in relation thereto, the party prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney’s fees in such litigation or in a separate action brought for that purpose.

Prior to initiation of litigation under this Agreement, the parties shall attempt to resolve their disputes by means of mediation. If the PARTIES cannot agree on a mediator, the Superior Court of Lake County shall appoint a mediator. Each party shall bear their costs and attorney fees arising out of the mediation and shall share equally the cost of the mediator.

3.17. Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed to be an original. 44 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be signed on the day and year written above, upon which date this Agreement becomes effective.

City of Lakeport, a Municipal Corporation
By:

City Manager, City of Lakeport
ATTEST:

City Clerk
LAKEPORT DISPOSAL, INC.

By:

President
By:_______________________________________
Secretary
45 Exhibit A
Maximum Service Rates
Multi-family customers are charged commercial rates.
46 Exhibit B
City Services
Pursuant to Section 2.1.4.11 of the Agreement, CONTRACTOR shall provide weekly Collection of Solid Waste, Organic Waste, Food Waste, and Recyclables from the following City-owned facilities and public areas, free of charge. The CONTRACTOR shall furnish and maintain the necessary carts or bins in the quantities listed. Additionally, CONTRACTOR shall provide routine service of public litter Containers along Main Street and other designated areas.

A. Facility-Based Collection
Facility Name Address Service
Type Container Type & Quantity
City Hall 225 Park Street Solid Waste &
Recyclables
1 x 2-yard bin, 2 x 96-
gallon carts
Silveira Community Center 500 N Main Street Solid Waste & Recyclables
1 x 3-yard bin, 2 x 96-
gallon carts
Lakeport Police Department 2025 S Main Street Solid Waste & Recyclables
1 x 2-yard bin, 1 x 96-
gallon cart
Public Works Corporation
Yard 591 Martin Street Solid Waste & Recyclables
1 x 3-yard bin, 1 x 96-
gallon cart
Utilities Yard (Sewer
Department) 795 Linda Lane Solid Waste & Recyclables
1 x 2-yard bin, 1 x 96-
gallon cart
Library Park 200 Park Street Solid Waste &
Recyclables 3 x 3-yard bins
Xabatin Park 800 N Main Street Solid Waste &
Recyclables 2 x 3-yard bins
Westside Community Park 1401 Westside Park
Road
Solid Waste &
Recyclables 2 x 3-yard bins
B. Public Area Services
• Downtown Main Street Public Cans
CONTRACTOR shall empty approximately 20–30 public litter and recycling Containers along Main Street from 1st Street to Clear Lake Avenue on a weekly basis or more frequently as needed during peak use.
• Bus Stops / Transit Receptacles
Solid Waste and Recyclables shall be Collected routinely from permanent receptacles installed at bus and transit stop locations throughout the City.

C. Special and As-Directed Services
• Debris Box Collection
CONTRACTOR shall provide debris box service at City facilities as directed by the City.

Box sizes and service frequency shall be coordinated case-by-case. • Special Events (Maximum 4 per year)
CONTRACTOR shall provide Solid Waste and Recyclables Collection for up to four (4) 47 City-designated special events per year at no cost, including temporary bins or carts as required.
48 Exhibit C
Refuse Rate Index
This Exhibit C describes the procedures used to adjust Contractor’s Rates under Section 2.3.3.2 of the Agreement.

I. Adjustments to Rates
Rates specified in this Exhibit C will be adjusted annually effective each July 1 in accordance with this provision. The method for adjusting each rate component is specified below. Adding each rate component in accordance with this Exhibit C produces the total monthly rate limiting the Charge the Contractor may impose on each category of Customer. Contractor shall submit Rate Adjustment Application each year. City, or its designee, may review the accompanying Adjustment Report and associated cost data for reasonableness. City’s cost to perform the review shall be reimbursed by the Contractor in accordance with section 2.3.3.2. Adjustments to Rates are subject to City approval.

Refuse Rate Index (RRI) adjustments. Calculation of the RRI involves calculating the average annual change in indices specified, calculating the weighting that labor, fuel, vehicle replacement, vehicle maintenance and other actual, eligible Contractor costs represent of total actual, eligible costs of the Contractor and applying that weighting to the percentage change in the indices. If any of the indices cease to be published, the City will notify Contractor of the substitute index that will be used, and this Exhibit C will be revised accordingly. The substitute index will be the index that most closely replaces the prior index, as determined by the City. For the purposes of RRI calculations, the following terms are used:
a. Cost categories means categories of Contractor costs included in the refuse rate index calculation and specified in this Exhibit C: labor related costs, fuel costs, vehicle related maintenance costs, and other costs. These cost categories correspond with the indices specified in this Exhibit C. b. Eligible costs means all costs in all cost categories actually incurred by the Contractor in providing Franchise services, except for Contractor costs that are excluded under the Franchise agreement.
c. Percentage change means, for each cost category, the sum of that cost category for a given calendar year, minus the sum of that cost category for the immediately preceding calendar year, divided by the sum of that same immediately preceding year (i.e., the sum of a particular cost category for year A, minus the sum of that same cost category for year B, divided by the sum of that cost category for year B).Total cost means, for any given year, the sum of all eligible costs for all cost categories.
d. Weighted average means, for any given year, the percent share the sum of each cost category is of the total cost.
e. Year A means the most recently completed year.
f. Year B means the year immediately preceding year A.
g. Year C means the year immediately following year A and for which the refuse rate 49 index is being calculated.

II. Calculation of the refuse rate index, is as follows:
a. First, calculate the total eligible cost incurred by the Contractor for Year A and Year B.
b. Second, calculate the weighted average for each cost category for Years A and B. c. Third, calculate the percentage change in each appropriate index for each cost category between Years B and A.
d. Fourth, multiply the weighted average for each cost category for year A by the percentage change in each appropriate index for that cost category. e. Fifth, add the products for all cost categories to produce the refuse rate adjustment for year C.
f. Sixth, multiply the Rates for single family, multi-family, Commercial, and special Collections for year A by one (1) plus the refuse rate adjustment to produce the new Rates for year C.

III. Calculation of adjustment to Rates. Add the weighted adjustments by cost category, with the result being the annual rate adjustment. If the refuse rate adjustment is a negative number, or if extraordinary costs in year A skew the refuse rate adjustment, the City and the Contractor may by mutual agreement allocate the effects of the refuse rate adjustment over multiple Franchise years.

IV. Contractor’s RATE APPLICATION
By April 1, Contractor shall submit a Rate Adjustment Application requesting the amount of Contractor’s Rate adjustment for the next Rate Year (commencing July 1).

V. REFUSE RATE INDEX CALCULATIONS
Pursuant to Section 2.3.3.2 of this Agreement, adjustments to the Customer rate is calculated using the Refuse Rate Index (RRI) methodology. Following is a description of the operating costs, the indices used, and the Financial Statement Form template.

OPERATING COSTS
Labor: List all administrative, officer, operation and maintenance salary accounts.

List payroll tax accounts directly related to the above salary accounts.

Fuel List all fuel costs.

Vehicle Replacement: List all Collection and Collection related vehicle depreciation accounts.

List all vehicle lease or rental accounts related to Collection or Collection related vehicles.
50 Vehicle Maintenance: List all Collection or Collection related vehicle parts accounts.

Landfill Tipping: Actual change landfill per ton tipping fees for coming year compared to prior year.

Recyclables Processing: Actual change in recyclables processing costs for the recent 12-month period ending in December compared to the prior 12-month period ending in December.

All Other: List all other expense accounts related to the services provided under this Franchise agreement. This category includes all insurance including general liability, fire, truck damage, extended coverage and employee group medical and life; rent on property, truck licenses and permits; real and personal property taxes; telephone and other utilities; employee uniforms; safety equipment; general yard repairs and maintenance; office supplies; postage; trade association dues and subscription; advertising; employee retirement or profit-sharing contributions; and miscellaneous other expenses.

The adjustment shall be calculated in the following manner:

1. The expenses of providing Collection Services in the Service Area for the designated fiscal period shall be prepared in the format set forth in the Refuse Rate Financial Statement Form contained in this Exhibit.

2. The expenses of providing Collection Services in the City shall be broken down into one of the following six cost categories: Labor; Fuel; Vehicle Replacement; Vehicle Maintenance, Landfill Tipping Fees, Recyclables Processing and All Other. Each cost category is assigned a weighted percentage factor on that cost category’s proportionate share of the total of the costs shown for all cost categories.

3. Below is the Refuse Rate Index Calculation and Summary Rate Sheet. It lists the cost categories indices to be used with example values for operating costs, index percent change, weighted adjustment percentage, and rate adjustments – values shown are for the demonstration purposes only. It also illustrates the RRI rate calculation methodology. The change in each index is calculated on a twelve-month calendar year in accordance with the terms of this Agreement in Section 2.3.3.2.
51 The percentage weight for each cost category is multiplied by the change in each appropriate index to calculate a weighted percentage for each cost category. The weighted percentage changes for each cost category are added together to calculate the refuse rate index which shall be used for the purposes of annual adjustments to solid waste rates.

The following page contains the City of Lakeport’s Refuse Rate Financial Statement Form.

Operating Costs Weighted Percent of
Annual Total
Index Percent
Change
Weighted Adjustment
Percentage
Labor Series ID: cis201s000000000i (B,H), Service-Providing Industries $ 750,000 46.15% 4.48% 2.07%
Fuel Series ID: wpu057303, Commodity Code 0573-03 No.

Diesel Fuel $ 150,000 9.23% 5.00% 0.46%
Vehicle Replacement Actual change in depreciation from most recently completed fiscal year compared to prior fiscal year $ 25,000 1.54% 5.00% 0.08% Vehicle Maintenance Series ID: pcu3339243339243, Parts and attachments for Industrial work trucks $ 25,000 1.54% 4.80% 0.07%
Landfill Tipping Actual change landfill per ton tipping fees for coming year compared to prior year $ 375,000 23.08% 5.00% 1.15%
Recyclables Processing
Actual change in recyclables processing costs for the recent 12-month period ending in December compared to the prior 12-month period ending in December
$ 50,000 3.08% 5.00% 0.15%
All Other Series ID: cuur0000sa0, One hundred percent (100%) of Consumer Price Index, All Urban Consumers, All Items $ 250,000 15.38% 4.12% 0.63% Total $ 1,625,000 100.0% RRI Adjustment 4.61%
Residential Container Sizes Current Price Rate Increase before Rounding
Rate Increase after
Rounded Effective Rates
20 - Gallon Cart $ 19.91 $ 0.918 $ 0.920 $ 20.83
32 - Gallon Cart 29.40 1.355 1.360 30.76
95 - Gallon Cart 86.48 3.987 3.990 90.47
Cost Category
Adjustment
Effective New Rates
The City of Lakeport - RRI Calculation and Summary Rates Rates Effective July 1, 202X
Escalation Factors

EXAMPLE
52 Total
Labor-Related Costs (including administrative, office, operations and maintenance salaries and wages) Regular Wages $0
Overtime Wages $0
Holiday Wages $0
Vacation Wages $0
Sick Leave Wages $0
Administrative and Office Salaries $0
Payroll Taxes $0
Total Labor Related-Costs $0
Fuel Costs $0
Vehicle Replacement
Collection Vehicle Depreciation $0
Collection -related Vehicle Depreciation $0
$0
Vehicle-Related Maintenance Costs (do notinclude depreciation) Tires & Tubes $0
Parts & Supplies (fluid, oil, etc,) $0
Other (Please List) $0
$0
$0
Total Vehicle-Related Maintenance Costs
$0
Other Costs
Liability & Property Damage Insurance $0
Equipment Insurance $0
Training & Safety Programs $0
Uniforms $0
Workers Compensation Claims $0
Health & Welfare $0
Pension/ Retirement Benefits $0
Property Rent $0
Truck Licenses and Permits $0
Real and Personal Property Taxes $0
Telephone and Other Utilities $0
General Yard Repairs and Maintenance $0
Office Supplies $0
Postage $0
Trade Association Dues and Subscriptions $0
Advertising $0
Employee Retirement or Profit Sharing Contributions $0
Other (Please List) $0
Total Other Costs $0
City of Lakeport
Refuse Rate Financial Statement
Adjustment Report Form
Landfill Tipping Fees
$0
Recycling Processing Costs $0
Meeting Date: 11/04/2025 Page 1 Agenda Item # VII.B.1

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

STAFF REPORT
RE: Green Ranch Well Development- Project Award MEETING DATE: 11/04/2025 SUBMITTED BY: Paul Harris, Utilities Director
PURPOSE OF REPORT: ☐Information only ☐ Discussion ☒Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

The City Council is being asked to approve the plans, specifications, and working details for the Green Ranch Well Development Project; award a public works construction contract to the lowest responsive and responsible bidder, Weeks Drilling & Pump Co.; and authorize the City Manager to execute a construction agreement with Weeks Drilling & Pump Co. in an amount not to exceed $214,500.00. This amount includes the base bid of $195,000.00 plus a 10% contingency to account for any unforeseen conditions or necessary change orders that may arise during construction.

BACKGROUND:

The project consists of drilling three test borings, allowing for continuous lithologic sample collection. Upon review of the geophysical survey, one boring will be converted to a temporary test well with 10-inch diameter casing. The contractor will perform a discharge rate test, then at the direction of the City, all test well materials will be removed and all three borings destroyed.

The bids were publicly opened on Wednesday, October 22, 2025, after a five-week bid period. There were two bids received. Upon reviewing the bid documents, Weeks Drilling & Pump Co. was determined to be the lowest responsive, responsible bidder. The engineer’s estimate for this project was $151,950.00. Construction is estimated to start at the beginning of December and be completed by mid-February 2026.

DISCUSSION:

The City’s existing water supply infrastructure includes four groundwater wells with a combined extraction capacity of approximately 2.8 million gallons per day (MGD) and one surface water treatment plant. The four groundwater wells are located west of the City limits; two are in Scotts Creek and two are on the Green Ranch.

The Green Ranch wells are 58 and 65 years old (reconstructed in 1966 and 1958), and the Scotts Creek wells are 53 and 54 years old (reconstructed in 1971 and 1970). The Scotts Creek wells are the primary sources of supply from May through October, and the Green Ranch wells are primarily pumped during the winter months. The Scotts Creek wells are limited to summer/dry season production due to their proximity to the creek. Production from the Scotts Creek wells is prohibited when standing water is within 150 feet of the well head. Due to the limitations Meeting Date: 11/04/2025 Page 2 Agenda Item # VII.B.1
associated with the Scotts Creek wells, including site security concerns, inadequate sanitary seals, and their proximity to surface water flows, the City has identified a need to develop a replacement well to ensure a reliable year-round water supply. The well would support both current and future water needs, aligning with the City’s long-term water sustainability strategy. The primary purpose of this project is to provide valuable information which will be used to design and develop a new well on the Green Ranch. This will ensure a reliable water source and modernize the City’s water infrastructure as older wells reach the end of their useful life and are taken out of service.

In recommending a contract award, staff must evaluate if the bidder is responsible as defined in Public Contract Code § 1103 as, “a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract.” Weeks Drilling & Pump Co’s Experience Statement shows prior experience on projects that are similar in scope and value of the Green Ranch Well Development Project.

The City Council has the discretionary authority to approve the Project’s plans, specifications, and design in advance of construction. The Project’s plan and specifications were prepared by Dudek and submitted September of 2025. The Project’s plan and specifications were reviewed by the City’s Engineering Division and approved by Paul Curren, City Engineer, and Paul Harris, Utilities Director. City staff recommends the City Council approve the Project’s plans, specifications, and design, as staff considers them to be reasonable based on the details of the plans prepared by Dudek and the approval granted by Paul Curren and Paul Harris.

ENVIRONMENTAL COMPLIANCE:

Staff filed a Notice of Exemption under the requirements of the California Environmental Quality Act (CEQA) on June 26, 2025. This project meets the criteria established in Section 15302 and 15303 of the CEQA Guidelines as it consists of replacement or reconstruction of an existing utility system and with the new facility and associated equipment considered small in scale. The proposed new well will be a replacement for an existing well nearing the end of its useful life with negligible or no expansion of capacity. Based on these details, the project was determined to be categorically exempt from CEQA review pursuant to Class 2 and Class 3 Categorical Exemptions.

OPTIONS:

1. Award a construction contract to Weeks Drilling & Pump Co. for the Green Ranch Well Development Project and authorize the City Manager to execute the construction contract for the bid amount.

2. Reject all bids and direct Staff to readvertise the project.

3. Take no action or provide alternative direction to staff.

FISCAL IMPACT:
☐ None ☒ Not to Exceed $214,500.00 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:

Meeting Date: 11/04/2025 Page 3 Agenda Item # VII.B.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 approve the plans, specifications and working details and award a construction contract to Weeks Drilling & Pump Co. for the Green Ranch Well Development Project and authorize the City Manager to execute the construction contract for the bid amount of $195,000.00, with a $19,500.00 (10%) contingency for unforeseen change orders.
☒ Attachments: 1. Bid Tabulation

2. Project Specifications

3. Articles of Agreement
Project: Green Ranch Well Development
Bid No 25-05
Bid opening Oct 22, 2025
Line Item Description Quantity Unit of Measure Unit Cost Total Unit Cost Total 1 Mobilization and demobilization. 1 LS $35,000.00 $35,000.00 $100,000.00 $100,000.00 2 Three (3) 20k gal. Temporary discharge storage
tanks. 1 LS $11,000.00 $11,000.00 $50,000.00 $50,000.00 3 Provide area and piping for water discharge. 1 LS $7,000.00 $7,000.00 $10,000.00 $10,000.00 4 Testing and disposal of drill cuttings (optional). 1 LS $20,000.00 $20,000.00 $10,000.00 $10,000.00 5 Drill three (3) test boreholes using direct mud rotary to 120 feet. 360 LF $100.00 $36,000.00 $120.00 $43,200.00 6 Provide borehole geophysical surveys in each of the
three (3) test boreholes. 3 EA $7,000.00 $21,000.00 $4,000.00 $12,000.00 7 Construct temporary test well in one (1) of the three (3) test boreholes. Item includes temporary casing
and annular material for test well. 1 LS $38,000.00 $38,000.00 $50,000.00 $50,000.00 8 Develop temporary test well using airlift and swab
methods. 1 LS $10,000.00 $10,000.00 $14,000.00 $14,000.00 9 Furnish and install test pump, sounding tube, flow
meter, and valves for discharge rate. Remove
temporary test well when testing is complete. 1 LS $7,000.00 $7,000.00 $11,000.00 $11,000.00 10 Conduct discharge rate testing in test well (8-hour
step test and 12-hour constant rate test). 1 LS $6,000.00 $6,000.00 $11,000.00 $11,000.00 11 Destroy test boreholes. 1 LS $4,000.00 $4,000.00 $25,000.00 $25,000.00 Total $195,000.00 $336,200.00
Weeks Drilling & Pump Co Katch Environmental

100%

TECHNICAL SPECIFICATION

DRILLING OF THREE TEST BORINGS AND THE CONSTRUCTION,

DEVELOPMENT, AND TESTING OF ONE TEMPORARY TEST WELL

CITY OF LAKEPORT
SEPTEMBER 2025
PREPARED BY:
605 Third Street
Encinitas, California 92024
Contact: Patrick Rentz, PG, CHG
Hugh McManus, PG, CHG
__________________________
Patrick Rentz, PG No. 9150, CHG No. 1058
Senior Hydrogeologist
__________________________
Hugh McManus, PG No. 9935, CHG No. 1120
Senior Hydrogeologist

INTENTIONALLY LEFT BLANK

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
i

TABLE OF CONTENTS
SECTION 1 General Project Information .................................................................................................. 1 SECTION 2 Site Requirements ................................................................................................................. 5 SECTION 3 Disposal of Materials .......................................................................................................... 10 SECTION 4 Permits and Licenses ........................................................................................................... 12 SECTION 5 Mobilization, Demobilization, and Site Cleanup ................................................................ 14 SECTION 6 Test Borehole Drilling ........................................................................................................ 17 SECTION 7 Borehole Geophysical Surveys ........................................................................................... 20 SECTION 8 Temporary Test Well Construction And Development ...................................................... 22 SECTION 9 Test Borehole Discharge Rate Testing ................................................................................ 26 SECTION 10 Borehole and Well Destruction ........................................................................................... 29 TABLES
Table 1. Test Borehole Locations ................................................................................................................. 1 Table 2. Borehole Depths and Diameters ..................................................................................................... 2

FIGURES
Figure 1. Project Location ........................................................................................................................... 34 Figure 2. Drill Site ...................................................................................................................................... 36 Figure 3. Test Borehole Locations .............................................................................................................. 38

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
ii

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CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
1 SECTION 1 GENERAL PROJECT INFORMATION
PART 1 - GENERAL

1.01 PROJECT LOCATION
A. The project is located in Lake County on accessor parcel number 005-027-950-000. The parcel is owned by the City of Lakeport and is accessed via Green Ranch Road (Figure 1). The project site is approximately 7.5 acres and includes two existing City-owned groundwater production wells and a solar array; the remainder of the project site is flat, undeveloped land (Figure 2). Roads to the project site are unpaved and there is no fencing. There are three proposed test boring locations on the project site. One of the test borings will be converted to a temporary test well to perform aquifer testing and verify production at that location. The proposed test boring locations are shown on Figure 3 and their coordinates (latitude and longitude) are included in Table 1.

Table 1. Test Borehole Locations
Borehole
Name
Latitude
(decimal degrees)
Longitude
(decimal degrees)
Estimated Total Borehole Depth
(feet below ground surface)
Test Borings
Site 1 39.0545949105 -122.948102727 120
Site 2 39.0546318697 -122.948345776 120
Site 3 39.0541868128 -122.948354087 120

1.02 PROJECT DESCRIPTION
A. The work to be performed under this Contract shall include all labor, equipment, materials, tools, transportation, and services required for the fulfillment of the Contract in strict accordance with the Contract Documents and Specifications. The work shall be complete, and all work, materials, and services not expressly shown or called for in the Contract Documents and Specifications which may be necessary for the complete and proper construction of the work in good faith shall be performed, furnished, and installed by the CONTRACTOR as though originally so specified or shown, at no increase in cost.

B. Three test borings shall be drilled using a mud rotary drilling method that allows for continuous lithologic sample collection and the collection of downhole geophysical logs immediately following the drilling of each test boring. Each test boring shall be drilled to the top of bedrock, which is estimated for bidding purposes to be 120 feet below ground surface (bgs). Test borehole diameters will be determined by the CONTRACTOR and should be drilled to an appropriate size to conduct downhole geophysical surveys.

C. At the direction of the CITY or CITY REPRESENTATIVE, one test boring will be converted to a temporary test well with 10-inch diameter casing. The final location and design of the test well will be provided to the CONTRACTOR after a review of the downhole geophysical surveys and lithologic logs (estimated total depth of 120 feet bgs with 60 feet of screen for bidding purposes). A test pump will be installed in the temporary test well to estimate discharge flow rate. The CONTRACTOR shall provide a submersible test pump, motor, and flow controls (such as a VFD and manual valving) to have the capability of pumping at discharges rates between 200 gallons per minute (gpm) and 800 gpm. Following a successful discharge rate

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
2 test performed in the temporary test well, constructed in the selected boring, and at the direction of the CITY, the temporary test well materials shall be removed and the three borings shall be destroyed.

Table 2. Borehole Depths and Diameters
Borehole Type
Depth Interval (feet
below ground surface)
Length (feet) Diameter (inches)
Test Borehole 0 to 120 120 TBD

1.03 DEFINITIONS
A. CITY: City of Lakeport
B. CITY REPRESENTATIVE: Dudek
C. CONTRACTOR: C-57 Licensed Drilling Contractor

1.04 CONTACT INFORMATION
A. City of Lakeport, Paul Harris, Utilities Director, 707-263-3578 ext: 402, [email protected] B. City of Lakeport, Forrest Stogner, Water Operations Supervisor, 707-263-3578 ext: 701, [email protected]
C. Dudek, Patrick Rentz, CHG, Project Manager, 760-479-4105, [email protected]

1.05 WORK SEQUENCE
A. The general work required for exploratory borehole drilling and temporary test well construction and testing shall include, but may not be limited to, the following:
1) Complete Lake County well permit application before the start of work and notify USA DigAlert to obtain a ticket number.
2) Mobilize the drilling rig, development rig, support vehicles, and associated equipment to the well site. 3) Provide at least three (3) temporary tanks (e.g. 22,000-gallon Baker Tanks or Frac Tanks) for settlement of solids for development water.
4) Provide temporary pipeline and accessories required to convey water generated during the work (i.e. well development and well testing) to the point of discharge. 5) Drill three test boreholes to the top of bedrock (estimated to be 120 feet bgs) using mud rotary and collect drilling cuttings at 5-foot intervals and at changes in lithology. 6) Conduct downhole geophysical surveys in all three (3) of the test boreholes to the total depth. 7) Construct 10-inch diameter temporary test well in one (1) of the three (3) test borings. 8) Develop temporary test well.
9) Install test pump in temporary test well to estimate discharge flow rate. 10) Conduct 8-hour step drawdown test and 12-hour constant rate test at temporary test well.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
3 11) Remove temporary test well materials.
12) Obtain a well destruction permit and destroy the three test borings according to State and County requirements. 13) Demobilize equipment and complete final site cleanup and restoration to the satisfaction of the CITY. 14) Provide all records required by the specifications and as requested by the CITY.

1.06 CONFORMANCE WITH WELL CONSTRUCTION CODES AND STANDARDS A. The drilling and test well construction shall be in compliance with the latest edition or supplement(s) of:
1) State of California Water Well Standard, Bulletin 74-81 dated December 1981 2) State of California Water Well Standard, Bulletin No. 74-90 dated June 1990 3) Lake County General Ordinance – Chapter 28 – Groundwater 4) American Water Works Association (AWWA) Standard for Water Wells (AWWA A100-20 or later).

1.07 EQUIPMENT
A. The CONTRACTOR shall provide all equipment, tools, supplies, materials, power, and personnel required to complete the work.

B. The drilling equipment shall be in good condition and of sufficient mast capacity to drill the boreholes required by these specifications to a depth specified in Table 1. All drilling equipment including mast, drawworks, air compressors, bits, drilling fluid pumps, drill pipe, etc., must be of the required size, sufficient capacity, and in suitable condition to drill and set casing to the anticipated depths in the well (as specified for depth requirements). The drilling pipe shall be of adequate size to conduct drilling, shall be in good condition, and shall be connected by standard tool or flanged-type joints. Each pipe shall be of the same length. The drill rig used must have the ability to fully lift and land the anticipated casing loads.

C. The test boreholes shall be drilled using the mud rotary drilling method D. The CONTRACTOR shall provide a complete drilling unit, all tools, accessories, power, lighting, water, other equipment, and experienced personnel necessary to conduct efficient drilling operations.

1.08 UNIT QUANTITIES
A. The quantities of materials, borehole depths, and borehole diameters are preliminary for bidding purposes.

The CITY may increase or decrease unit quantities as necessary during the work. The CONTRACTOR will be compensated for increases in unit quantities, but not decreases in unit quantities.

B. The CITY may decide to cancel any items of work or all work under this contract through a written notice to the CONTRACTOR.

C. Payment for the work performed by the CONTRACTOR before receiving the written notice to cancel work will be paid to the CONTRACTOR. The CONTRACTOR will not be paid for work not performed under this contract.

1.09 PRE-CONSTRUCTION MEETING AND PROJECT CONDITIONS
A. The CONTRACTOR may attend a non-mandatory pre-construction meeting at the drill site to determine site logistics for borehole drilling, temporary test well construction, development, and testing.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
4 B. The CONTRACTOR shall identify any site conditions that may need to be modified or site conditions that will limit completion of the proposed work.

C. The CONTRACTOR shall submit, in writing, a list of site condition modifications or limitations to the CITY.

Modifications conducted by the CONTRACTOR must be presented and approved by the CITY before work is conducted.

1.10 QUALITY OF WORK
A. The CONTRACTOR shall conduct work with a standard of care normally conducted by similar professional trades within the industry.

1.11 HOURS OF WORK AND PROJECT DURATION
A. The Contractor shall conduct work within the following CITY-accepted schedule:
a. Normal Work Hours:
i. The work will generally be performed between the hours of 7 AM and 7 PM, Monday through Friday. Portions of the work (such as test well construction and well testing) may be performed on a 24-hour, 7-days a week basis, unless directed otherwise by the CITY or during legal holidays.
b. Noise-Restricted and Emissions-Restricted Hours:
i. As needed, conform with the noise limits and working hours in accordance with local noise ordinances.

B. Adhere to emissions-restriction hours if applicable.

C. The project shall be completed within 30 Working Days from the date specified in the Notice to Proceed

1.12 COMPETENT WORKERS
A. The CONTRACTOR shall use adequate numbers of skilled workers trained and experienced in necessary trades and crafts and completely familiar with specified requirements and methods for proper performance of work.

1.13 COMMUNICATION AND RECORDS
A. The CONTRACTOR shall be available to the workers, CITY, or CITY REPRESENTATIVE during the work by cell phone.

1.14 SUBMITTAL REVIEW PROCESS
A. The CONTRACTOR shall provide submittals to the CITY or CITY REPRESENTATIVE at least five (5) days before any work requiring a submittal is performed.

END OF SECTION 1

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
5 SECTION 2 SITE REQUIREMENTS
PART 1 – GENERAL

2.01 DESCRIPTION
A. Site requirements include plans and control measures for maintaining a safe and clean work site, and permits and plans to remain in compliance with requirements for dust, noise, site runoff, and utilities, where applicable. Based on the vacant and undeveloped land surrounding the project site location, noise and traffic are not anticipated to be issues at the site.

2.02 SUBMITTALS
A. Monitoring, reporting, and record keeping, as necessary to achieve compliance with applicable permit requirements.

B. Project specific Health and Safety Plan.

2.03 MEASUREMENT AND PAYMENT
A. Dust and Pollution Control - Unless otherwise called for by the Contract Documents, the cost of all material, equipment, and labor required to comply with dust and pollution control, shall be included in the CONTRACTOR’s bid and distributed in the Schedule of Pay Items. No additional compensation shall be made to the CONTRACTOR for this work.

PART 2 – MATERIALS

2.04 EQUIPMENT
A. The CONTRACTOR shall provide all necessary material, equipment, and labor for dust control, if required.

B. Dust control may require a water truck onsite during the duration of the project, and/or use of temporary hoses and pipelines to convey water.

PART 3 – EXECUTION

2.05 DUST CONTROL
A. The CONTRACTOR shall prevent and control the emission of dust from the site.

B. The CONTRACTOR shall follow all applicable laws, rules, and regulations regarding discharge of air pollutants into the atmosphere.

C. The CONTRACTOR shall have dust control measures in place so that dust from the site does not create a nuisance for the entire length of the project, twenty-four (24) hours a day, seven (7) days a week.

2.06 BEST MANAGEMENT PRACTICES
A. Storm water, surface water, groundwater, nuisance, or other waters may be encountered at various times during construction of the project. Federal and State laws require the CITY and its contractors to manage such waters pursuant to the requirements of California State Water Resources Control Board (State Board) Order Number 2003-0003-DWQ, State Board Water Quality Order No. 2009-0009-DWQ, California Regional Water Quality Control Board Central Valley Region Resolution R5-2023-0061, the Federal Clean

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
6 Water Act, and the California Porter Cologne Water Quality Control Act. The CONTRACTOR acknowledges that it has investigated the risk arising from such waters in conjunction with the project and assumes any and all risks and liabilities arising therefrom.

B. The CONTRACTOR shall perform all construction operations in such a manner as to comply with all applicable Federal, State, and local laws, orders, and regulations concerning the control and abatement of water pollution; and all terms and conditions of any applicable permits issued for the project. In the event there is a conflict between Federal, State, and local laws, regulations, and requirements, the most stringent shall apply.

C. If noncompliance should occur, the CONTRACTOR shall report this to the CITY immediately, with the specific information submitted in writing within two (2) days. Consistent violations of applicable Federal, State, or local laws, orders, regulations, or Water Quality Standards may result in CITY stopping all site activity until compliance is ensured. The CONTRACTOR shall not be entitled to any change in Contract Price or Contract Times, claim for damage, or additional compensation by reason of such a work stoppage.

Corrective measures required to bring activities into compliance shall be at the CONTRACTOR’S expense.

D. The CONTRACTOR shall be required to comply with all aspects of the State Water Resources Control Board (State Board) Water Quality Order No. 2009-0009-DWQ, National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity (Permit) for all projects that involve construction on or disturbance of one acre or more of land or which are part of a larger common area of development. General best management practices (BMPs) shall include the following: sediment and erosion control measures to manage sediment and erosion including vegetative practices, structural control, silt fences, straw dikes, sediment controls, or operator controls, as appropriate.

E. Storm water management measures shall be instituted as required, including velocity dissipaters, and solid waste controls shall address controls for building materials and offsite tracking of sediment.

F. Wastewater and storm water management controls may be required to divert offsite surface flows around the project site and to divert surface flows within the project area away from areas of open earth or stockpiles of building and other materials. Wastewater from general construction activities, such as drain water collection, aggregate processing, concrete batching, drilling, grouting, or other construction operations, shall not enter flowing or dry watercourses without having met the authorized non-stormwater discharge requirements listed in State Board Water Quality Order No. 2009-0009-DWQ, Section III.C., including proper notification to the Regional Water Board.

G. Pollution prevention measures including methods of dewatering, unwatering, excavating, or stockpiling earth and rock materials which include prevention measures to control silting and erosion, and which will intercept and settle any runoff of sediment-laden waters.

H. Turbidity prevention measures including, but are not restricted to, intercepting ditches, settling ponds, gravel filter entrapment dikes, flocculating processes, recirculation, combinations thereof, or other approved methods that are not harmful to aquatic life.

I. Overall construction site management measures to address changes at the project site as the project moves through different phases and changes that account for rainy and dry season management practices.

J. Pollution control measures and construction activity methods that will prevent entrance, or accidental spillage, of solid matter, contaminants, debris, or other pollutants or wastes, into streams, flowing or dry watercourses, lakes, wetlands, reservoirs, or underground water sources. Such pollutants and wastes include, but are not restricted to: refuse, garbage, cement, sanitary waste, industrial waste, hazardous materials,

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
7 radioactive substances, oil and other petroleum products, aggregate processing, tailings, mineral salts, and thermal pollution.

K. Control measures for stockpiled or deposited materials prohibiting the stockpile or deposit of excavated materials, or other construction materials, near or on stream banks, lake shorelines, or other watercourse perimeters where they can be washed away by high water or storm runoff, or can, in any way, encroach upon the watercourse.

L. Monitoring, reporting, and record keeping, as necessary to achieve compliance with applicable Permit requirements, including but not limited to annual reports and rain event reports.

2.07 HEALTH AND SAFETY
A. The CONTRACTOR shall be solely responsible for conditions of the job site, and the health and safety of all persons entering the work site, including employees, subcontractors, vendors, site visitors, and the CITY and CITY REPRESENTATIVE.

B. The CONTRACTOR shall submit a project-specific Health and Safety Plan to the CITY before work is performed on the site. The Health and Safety Plan shall be onsite during the entire duration of work.

C. Health and safety provisions shall conform to applicable Federal, State, County, and local regulatory requirements. Where any safety requirement is in conflict, the more stringent requirement shall be followed by the CONTRACTOR.

2.08 SPILLS AND HAZARDOUS MATERIALS
A. The CONTRACTOR shall prevent and report spills of hazardous materials at the site.

B. The CONTRACTOR shall have a Spill Prevention Plan onsite. The Spill Prevention Plan shall include procedures to follow if spills occur, and measures taken to prevent spills.

C. Spill prevention may include the use of plastic sheets or pans.

D. If spills do occur, they shall be immediately contained and cleaned following acceptable health and hazardous procedures.

2.09 MATERIAL STORAGE
A. Materials shall be stored onsite in accordance with requirements and recommendations of the material manufacture and Safety Data Sheet.

2.10 STAKING
A. Construction staking will be provided by the CITY before mobilization. Staking will include the three (3) test borehole locations.

2.11 EXISTING UTILITIES AND INFRASTRUCTURE
A. The CONTRACTOR shall contact Underground Service Alert (USA) of Northern California at (800) 642- 2444 at least two (2) working days, but no more than 14 working days before work starts at the site. The CONTRACTOR shall be responsible for clearly marking the location of any planned excavations before contacting USA.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
8 B. The CONTRACTOR shall not begin any excavation greater than 18 inches below ground surface until the location of underground utilities and/or infrastructure have been marked by USA. The CONTRACTOR shall hand dig by means of hand auger or air-knife to confirm the presence of underground utilities before fullscale excavation.

C. In the event that the CONTRACTOR discovers underground infrastructure not identified in these plans, the CONTRACTOR shall immediately notify the CITY and utility owner.

2.12 SITE SECURITY
A. The CONTRACTOR shall protect the work area and all equipment, materials, and work against theft, damage, trespass, vandalism, or tampering by unauthorized persons.

B. The CONTRACTOR shall bear full responsibility for every aspect of security of the work area, including protection of all equipment and materials.

C. Site security may take the form of temporary security fencing, and/or guard service, or any other measures necessary to properly secure the site.

D. Equipment, materials, and/or work lost due to activities by unauthorized persons will be the responsibility of the CONTRACTOR.

2.13 TEMPORARY POWER AND LIGHTING
A. The CONTRACTOR shall provide temporary power to the site by use of a generator that is compliant with noise and emission regulations.

B. Lighting shall be provided by the CONTRACTOR for work occurring during nighttime hours.

2.14 CONSTRUCTION WATER
A. Construction water shall not be used for purposes other than those required to satisfactorily complete the contract.

B. All connections for water supply used for the purposes of obtaining construction water shall use a temporary construction meter and backflow prevention device supplied by the water provider. The CONTRACTOR shall follow all rules and regulations of the water provider.

C. Construction water will be provided by the CITY through a connection at one of the existing CITY owned production wells. The location of the wells is shown on Figure 3.

2.15 SANITARY FACILITIES
A. The CONTRACTOR shall provide temporary sanitary bathroom facilities and hand washing stations. All toilets and hand washing facilities shall comply with local codes and ordinances. Toilets shall be stocked with sanitary supplies. Toilets and hand washing facilities shall be serviced at least weekly.

2.16 NOISE ABATEMENT
A. The CONTRACTOR shall use equipment so that the noise tolerance level of the equipment is within established guidelines set by Cal/OSHA.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
9 2.17 SITE CLEAN UP
A. The CONTRACTOR shall keep premises free from debris such as waste, rubbish, and excess materials and equipment. The CONTRACTOR shall also clean all asphalt and concrete areas to the degree necessary to remove oil, grease, fuel, or other stains caused by CONTRACTOR operations or equipment. The use of water, resulting in mud on streets, will not be permitted as substitute for sweeping or other methods.

B. The CONTRACTOR shall take measures to prevent the tracking of materials off site onto paved roads.

Preventative measures may include periodic street sweeping, washing tires before entering paved roads, rumble strips, or the use of gravel at site entrances.

C. The CONTRACTOR shall restore the site to original conditions. This includes cases where the CONTRACTOR may need to make temporary site modifications (e.g. removal of fences, installation of berms, etc.).

D. The CONTRACTOR shall fully clean up the site at the completion of the work. If the CONTRACTOR fails to immediately clean up at the completion of the work, the CITY may do so and the cost of such clean up shall be charged back to the CONTRACTOR.

END OF SECTION 2

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
10 SECTION 3 DISPOSAL OF MATERIALS
PART 1 – GENERAL

3.01 DESCRIPTION
A. Waste material including drilling mud, wastewater, and soil cuttings are expected to be generated during the work.

B. The CONTRACTOR is responsible for handling, temporary storage, transportation, and potential disposal of all waste material generated during the work.

C. If required by the CITY, waste material shall be disposed of by the CONTRACTOR in accordance with all applicable regulatory requirements.

3.02 SUBMITTALS
A. None.

3.03 MEASUREMENT AND PAYMENT
A. The CONTRACTOR is responsible for all costs associated with drill cuttings and fluid storage and disposal.

The CONTRACTOR shall provide a lump sum value.

PART 2 – MATERIALS

3.04 DRILL CUTTINGS AND FLUIDS STORAGE
A. Roll-off bins or disposal storage tanks shall be provided by the CONTRACTOR for the containment of drilling fluids and drill cuttings. The CITY may allow CONTRACTOR to store drill cuttings and displaced fluids in excavated pits or bermed areas on the property. Creating impoundments to contain the drill cuttings and displaced fluids will be the responsibility of the CONTRACTOR, however the CITY may elect to perform this work.

B. CONTRACTOR shall provide all materials for the conveyance of drill cuttings and fluids.

C. The CONTRACTOR shall provide all sampling equipment from a California State-certified laboratory.

3.05 DISPLACED FLUIDS
A. The CONTRACTOR shall provide all containers and conveyance equipment for displaced fluids. The CITY may allow CONTRACTOR to store drill cuttings and displaced fluids in excavated pits or bermed areas on the property. Creating impoundments to contain the drill cuttings and displaced fluids will be the responsibility of the CONTRACTOR.

PART 3 – EXECUTION

3.06 DRILL CUTTINGS AND DRILL FLUIDS
A. The CONTRACTOR shall be responsible for the containment and disposal of drill cuttings and drill fluid (anticipated to be disposed of onsite). The drill cuttings and drilling fluid shall be retained on the property.

B. Drill cuttings and fluids shall be distributed and spread onsite in a location on the parcel designated by the CITY.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
11 3.07 DISPLACED FLUIDS
A. The CONTRACTOR shall contain and dispose of all displaced fluids during borehole drilling, temporary test well drilling and discharge rate testing, well development, and temporary test well construction activities.

B. The CONTRACTOR shall provide adequate and sufficient number of temporary settling tanks for reduction of turbidity and settlement of solids from all development and well testing water prior to discharge to the point of discharge. A common setup to achieve turbidity reduction and settle suspended solids is a series of two or three Frac tanks.

C. The CONTRACTOR shall be familiar with the requirements and conditions of any applicable permits, laws, rules, and regulations, including California Regional Water Quality Control Board Central Valley Region Resolution R5-2023-0061, regarding discharge of waste water to the designated discharge point, and shall perform any necessary discharge monitoring required. The CONTRACTOR shall be responsible for performing any required discharge water monitoring, including testing the water quality of the discharge water.

D. The CONTRACTOR shall furnish and install temporary conveyance piping, valves, flowmeters, energy dissipation measures, and any other necessary facilities to convey discharged water to the designated discharge point. The CONTRACTOR shall use appropriate BMPs such that the discharge water does not result in creation of nuisance water and/or flooding of the project area. The CONTRACTOR shall secure the discharge conveyance piping to prevent a hazard, and to prevent damage to the project area and existing facilities.

Once development and testing water meet the requirements of all applicable permits and any NPDES this project may have coverage under, including California Regional Water Quality Control Board Central Valley Region Resolution R5-2023-0061, the water shall be conveyed from the temporary storage tanks to the discharge location.

It is anticipated that the CITY will designate a location on the Project parcel that the CONTRACTOR will use to impound and retain discharge onsite.

END OF SECTION 3

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
12 SECTION 4 PERMITS AND LICENSES
PART 1 – GENERAL

4.01 DESCRIPTION
A. Necessary permits and licenses shall be secured and paid for by the CONTRACTOR, unless otherwise specified in the Contract Documents.

4.02 SUBMITTALS
A. Before acceptance of the work, the CONTRACTOR shall submit all licenses, permits, certificates of inspection, and required approvals to the CITY.

B. The following items shall be submitted to the CITY before starting work:
a. Copy of valid C-57 license.
b. Well permit from the County of Lake Health Services Department.

C. Documents for groundwater discharge, if applicable, shall be submitted to the CITY once available.

Documents include:
a. Field monitoring data.
b. Laboratory results.
c. Discharge reports.

4.03 MEASUREMENT AND PAYMENT
A. The bid item for permits and licenses shall include a lump sum for the following separate items:
a. Well permit application from the County of Lake Health Services Department. b. NPDES permitting, sampling, and reporting (if applicable) PART 2 – MATERIALS

4.04 CONTRACTORS’ LICENSE
A. The CONTRACTOR shall be licensed in good standing with the State of California as a C-57 Well Drilling contractor.

4.05 WELL DRILLING PERMIT
A. The CONTRACTOR shall obtain, complete, and submit a Well Permit Application with the County of Lake Health Services Department
B. The CONTRACTOR shall pay all fees due for the well permit.

C. The CONTRACTOR shall coordinate and notify the County of Lake Health Services Department for any inspections required by the well permit.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
13 4.06 DISCHARGE PERMIT
A. The CONTRACTOR shall follow all applicable permits, rules, regulations, and requirements for discharging of groundwater during well development, and shall be responsible for all aspects of monitoring and reporting, including compliance with California Regional Water Quality Control Board Central Valley Region Resolution R5-2023-0061.

PART 3 – EXECUTION
A. Not used
END OF SECTION 4

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
14 SECTION 5 MOBILIZATION, DEMOBILIZATION, AND SITE CLEANUP PART 1 - GENERAL

5.01 DESCRIPTION
A. This bid item shall include mobilization and demobilization of labor, equipment, and materials to the project site, obtaining and complying with all applicable permits, preparing submittals, providing for disposal of materials, attending meetings, providing temporary facilities, providing site security, site cleanup, and any other labor, equipment, and materials necessary with fulfilling requirements as specified herein and not specifically identified within other bid items.

5.02 SUBMITTALS
A. The CONTRACTOR shall submit the following items, as needed or required, to the CITY for review before mobilization:
a. Construction schedule.
b. Well drilling permit(s).
c. City business license.
d. Health and Safety Plan.
e. Spill Prevention Plan.
f. Well Development Plan.
g. Daily report form(s).
h. Emergency contact information.
i. Safety Data Sheets (SDS) for materials to be used in conjunction with the project. j. Back Flow Prevention (BFP) device certification (performed in-situ), if applicable. k. USA ticket number(s).

5.03 MEASUREMENT AND PAYMENT
A. Payment for fully and completely providing mobilization, demobilization, and site cleanup will be based on the lump sum unit price set forth within the bid schedule.

PART 2 – MATERIALS
A. Not used
PART 3 – EXECUTION

5.04 MOBILIZATION
A. The CONTRACTOR shall notify the CITY a minimum of 72 hours in advance of the anticipated date of mobilization.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
15 B. The CONTRACTOR shall mobilize, set up, operate, and maintain all necessary equipment, materials, operating supplies, and labor.

C. The CONTRACTOR shall provide all necessary pre-mobilization submittals to the CITY.

D. The CONTRACTOR shall set up equipment and facilities, and store necessary materials in a neat and orderly manner within designated project area. The CONTRACTOR shall confine operations to the designated work area.

E. The removal and/or replacement of minor obstructions such as electrical conduits, water piping, waste piping, and similar items shall be anticipated and appropriately completed, even if not shown or specifically mentioned herein.

F. Mobilization shall include the following:

1. Obtain/complete required permits.

2. Comply with all applicable regulatory and permit requirements.

3. Protection of existing underground utilities.

4. Provide temporary construction power, wiring, and lighting facilities.

5. Provide construction water supply as required.

6. Provide access to the work site to the CITY and/or CITY REPRESENTATIVE.

7. Provide on-site sanitary facilities and potable water facilities.

8. Possess OSHA and Cal OSHA required notices and establishment of safety programs.

9. Attending all meetings.

10. Confine operations to work areas approved by CITY.

11. Transport personnel, equipment, and materials to and from the project site.

12. Set up temporary discharge piping, settling tanks (i.e. baker tanks or frac tanks), connections, and appurtenances.

13. Set up drilling rig, support, and ancillary equipment at the project site.

14. Provide for dust, smoke, and erosion control (including BMPs at the designated discharge location).

15. Demobilize from the project site.

16. At the completion of Work, remove fence from site and restore area.

17. Mobilization will be deemed complete when items necessary to conduct field operations are on site and operable.

5.05 DISCHARGE
A. The CONTRACTOR may discharge to land surface.

B. The CONTRACTOR shall be responsible for installing BMPs at the discharge point. BMPs may include a pit or water retention area. CONTRACTOR shall be responsible for constructing a pit and/or bermed areas of sufficient size to contain discharged fluids and drill cuttings.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
16 END OF SECTION 5

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
17 SECTION 6 TEST BOREHOLE DRILLING
PART 1 - GENERAL

6.01 DESCRIPTION
A. This item includes drilling three (3) test borings using direct mud rotary, to the top of bedrock (estimated to be 120 feet bgs), or depth specified by the CITY. The location for each test borehole is included in Figure 3.

B. The test borings should be drilled using a drilling method that allows the collection of a downhole resistivity log (e-log) immediately following the drilling of each test boring (SECTION 7).

C. One test boring will be converted to a temporary test well (SECTION 8).

D. The Contractor shall propose borehole diameter based on their discretion to achieve the goals of the project.

E. All test borings will be abandoned by the CONTRACTOR per the County of Lake and/or California well borehole destruction procedures (SECTION 10)

6.02 SUBMITTALS
A. Daily activity report and shift logs.

B. Samples of formation materials.

C. Results of sieve analysis of formation sample.

D. Lithologic log.

E. Drilling rate log.

F. Well permit with the County of Lake Health Services Department

6.03 MEASUREMENT AND PAYMENT
A. Payment for test borehole drilling will be based on measurement of vertical feet of test boreholes drilled from ground surface to the bottom of the borehole (as verified by the down hole geophysical logs). Payment shall include all materials, labor, tools, and equipment required to drill the test boreholes, collect formation samples, conduct sieve analysis of formation samples, maintain circulation, and protect the boreholes from collapse.

B. Payment for test borehole destruction will be based on measurement of vertical feet of test boreholes destroyed from ground surface to the bottom of the borehole (as verified by the down hole geophysical logs).

Payment shall include all materials, labor, tools, and equipment required to destroy the test borehole (SECTION 10).

PART 2 - MATERIALS

6.04 DRILLING RIG
A. The drilling equipment shall be in good condition and of sufficient mast capacity to drill the test borehole.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
18 and demonstrated capacity to lift two (2) times the buoyant weight of either the drill rig string or the blank and screened well casing assembly. The drill rig used must have the ability to fully lift and land the anticipated casing loads without the use of cranes, float plugs, or other similar devices.

B. The CONTRACTOR shall submit, upon request, detailed information documenting the capacity of the various components of the rig used including, but not limited to: derrick/mast capacity, drill pipe type and rating, all line and hook load capacities, air compressor rating, mud pump capacity, etc. All drill pipes must use threaded flush or upset tool joints or equal.

6.05 DRILLING FLUIDS AND DRILLING FLUID RESERVOIRS
A. The CONTRACTOR shall maintain controlled drilling fluid characteristics during the entire drilling operation.

6.06 DRILLING FLUID CONTROL PLAN
A. Only fresh potable water shall be used in the drilling fluid whether employed alone or in combination with drilling additives. All water used during drilling shall be clean. Only high grade approved engineered, commercial clays or commercial chemical products in common usage in Lake County for water well drilling shall be used in the make-up of any drilling fluid. Organic drilling additives shall not be used unless previously approved by the CITY. Drilling with a mixture of water and unprocessed mud, clay, or other material will not be permitted.

B. The drilling fluid shall possess such characteristics as are required to:
a. adequately maintain the walls of the borehole to prevent caving, b. permit recovery of representative samples of drill cuttings, c. prevent the swelling of clay zones,
d. prevent loss of shear strength or other borehole stability problems, and e. allow the fluid and mud cake to be readily removed from the borehole and borehole wall during placement of the gravel pack and development of the well.

C. All drilling fluid additives used will comply with industry standards and practices for use in the construction of production wells. All additives shall be NSF-approved. The additives shall be applied and used as prescribed by the manufacturer and shall be reviewed with respect to the impact they may impose on the successful development of the well.

D. CONTRACTOR shall provide drilling fluid control equipment.

6.07 RECORD KEEPING
A. The CONTRACTOR shall keep a log of the drilling rate.

B. The CONTRACTOR shall keep a log of formation material encountered during drilling.

PART 3 - EXECUTION

6.08 TEST BOREHOLE DRILLING
A. The borehole diameter shall be decided by the CONTRACTOR and shall be of sufficient diameter to conduct geophysical logging.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
19 B. The CONTRACTOR shall provide a mud system of sufficient size to adequately lift gravels from a depth of at least 200 feet bgs.

C. At the completion of each test borehole, the contractor shall condition the borehole and remove tooling in preparation for conducting a geophysical survey (SECTION 7).

6.09 FORMATION SAMPLING
A. The CONTRACTOR shall collect formation samples at every 5-foot interval during test borehole drilling, or more frequently at significant changes in formation or as directed by the CITY.

B. Samples collected off a shaker screen are not acceptable unless specifically approved by the CITY.

C. Each representative sample shall consist of drained, unwashed formation material placed inside one (1) gallon-sized plastic Ziploc® freezer bags provided by the CONTRACTOR. Each sample bag shall be labeled as follows:
a. Borehole name.
b. Date and time.
c. Depth interval.

D. The samples shall be stored and protected at the site in a manner to prevent breakage or loss to allow for classification and interpretation. Samples shall not be disposed of without approval from the CITY.

E. The CONTRACTOR shall prepare and maintain a log of the formation samples. The log shall include the depth interval and general description of each formation type.

6.10 SIEVE ANALYSIS
F. Not Used

6.11 DRILLING FLUID CONTROL
G. All drilling cuttings and drilling mud shall be properly disposed by the CONTRACTOR. Drill cuttings and fluids are anticipated to be distributed and spread onsite in a location on the parcel designated by the CITY.

6.12 INSPECTION
A. Not Used.

END OF SECTION 6

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
20 SECTION 7 BOREHOLE GEOPHYSICAL SURVEYS
PART 1 - GENERAL

7.01 DESCRIPTION
A. This item includes completion of downhole geophysical logs conducted in the test boreholes by a logging firm retained by the CONTRACTOR and approved by the CITY. Geophysical surveys to be completed in the pilot borehole shall include the following:
1) Resistivity logs (including 16-inch normal resistivity, 64-inch normal resistivity, and focused guard resistivity log)
2) Spontaneous Potential (SP)
3) Natural Gamma-ray Log
4) Sonic Velocity/Variable Density

7.02 SUBMITTALS
A. Within ten (10) days of Notice of Award, the CONTRACTOR shall submit to the CITY the name and qualifications of the firm proposed for completing geophysical surveys.

B. The CONTRACTOR shall provide three (3) field copies, one (1) set of ASCII (ie LAS) format files, and one (1) digital PDF file of the surveys to the CITY and CITY REPRESENTATIVE for interpretation upon completion.

7.03 MEASUREMENT AND PAYMENT
A. Payment for geophysical surveys will be based on the lump sum price bid. Payment shall include full compensation for fluid circulation, removal of drill string, operation of the drilling rig and other equipment, furnishing and operating geophysical surveying equipment as specified, field and final copies of the surveys, digital copies of the surveys, and providing whatever assistance may be required to complete the surveys.

B. There will be no additional payment for rig time and idle time while waiting for the surveying firm to arrive or while the surveys are being conducted.

C. Upon receipt of copies of geophysical surveys, the CITY may require an evaluation period up to 5 days to interpret the data and decide which test borehole shall be completed with a temporary test well. No standby time will be paid during the evaluation period. Standby time will be paid for each hour after the specified evaluation period for which the CONTRACTOR waits to receive instructions.

D. The evaluation period excludes weekends and holidays and begins after receipt of geophysical logs and CONTRACTORS lithologic logs of drill cuttings.

PART 2 - MATERIALS

7.04 DRAW WORKS
A. The draw works used by the geophysical survey logging firm shall measure depth to the nearest one-tenth of a vertical foot below ground surface.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
21 B. The accepted error in depth shall not exceed one (1) percent of the total depth of the survey log. The geophysical logging firm shall verify the accuracy of depth measurements upon request of the CITY REPRESENTATIVE.

C. The vertical scale for all printed plots of logs shall be a maximum of 20 feet per inch. The vertical adjustment required to determine the true depth for each of the electric log curves shall be indicated on the plot.

7.05 GEOPHYSICAL LOGGING TOOLS
A. The electric logging tools shall include equipment to perform spontaneous potential, gamma ray and resistivity (single-point, 16-inch normal, 64-inch normal, and focused resistivity) surveys.

B. The sonic velocity/variable density tool must be centralized within the open borehole and shall include all equipment necessary to measure and record delta time, variable density, integrated transit time, and sonic porosity.

PART 3 – EXECUTION

7.06 GEOPHYSICAL SURVEY
A. Upon completion of each test borehole and before conducting geophysical surveys, the CONTRACTOR shall cease drilling and circulate fluid for not less than one (1) hour.

B. After drilling fluid has been circulated, down hole geophysical surveys shall be conducted.

C. The geophysical surveys shall be conducted in the presence of the CITY or CITY REPRESENTATIVE. The surveys shall become the property of the CITY at the time the surveys are completed.

D. The logging speed for all surveys shall be 40 feet per minute, unless otherwise approved by the CITY or CITY REPRESENTATIVE.

E. If a survey probe fails to descend to the completed depth of the pilot borehole, the CONTRACTOR shall, at the CONTRACTOR's expense, re-condition the borehole to permit the probe to descend to the maximum depth drilled or other depth approved by the CITY. No additional payment will be made for time required to clean or condition the borehole for logging.

F. The CONTRACTOR shall provide whatever assistance may be necessary to complete the geophysical surveys.

G. The CONTRACTOR shall ensure the stability of the test borehole(s) during the analysis period following completion of the geophysical surveys.

H. If available information indicates well completion is not warranted, the CITY reserves the right to terminate further work under the contract. In this event, the borehole will be destroyed in accordance with SECTION 10 of the Technical Specifications.

END OF SECTION 7

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
22 SECTION 8 TEMPORARY TEST WELL CONSTRUCTION AND

DEVELOPMENT
PART 1 - GENERAL

8.01 DESCRIPTION
A. This item includes constructing and developing a 10-inch diameter temporary test well in one (1) of the three (3) test boreholes.

B. This item shall include providing all labor, equipment, and materials necessary for the successful completion of constructing and developing the temporary test well
C. The screen interval for the temporary test well shall be determined by the CITY and the CITY’s REPRESENTATIVE after a review of the downhole geophysical log and formation samples.

D. Development shall include swabbing and airlifting to remove drilling mud and fine formation material.

8.02 SUBMITTALS
A. Daily drilling activity logs.

B. The CONTRACTOR shall measure and record an accurate tally of all casing material as it is installed in the borehole. The tallies should include accurate lengths of each pipe and a cumulative total length.

C. Daily development records.

8.03 MEASUREMENT AND PAYMENT
A. Payment shall be a lump sum to include all labor, equipment, and materials for drilling and constructing a temporary test well in one (1) of the three (3) test boreholes.

B. Payment for development shall be recorded at 15-minute intervals of actual time spent performing development. No payment shall be made for installing or removing development equipment, or time spent managing development waste and discharge.

C. There will be no additional payment for idle time.

PART 2 - MATERIALS

8.04 DRILLING RIG
A. The drilling equipment shall be in good condition and of sufficient mast capacity to drill the test borehole.

All drilling equipment including mast, draw-works, air compressors, bits, drilling fluid pumps, drill pipe, etc., must be of adequate size, sufficient capacity, and in suitable condition to drill and set casing to the anticipated depths in the borehole. The mast and all running gear (hoists, cables, etc.) shall have sufficient and demonstrated capacity to lift two (2) times the buoyant weight of either the drill rig string or the blank and screened well casing assembly. The drill rig used must have the ability to fully lift and land the anticipated casing loads without the use of cranes, float plugs, or other similar devices.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
23 rating, all line and hook load capacities, air compressor rating, mud pump capacity, etc. All drill pipes must use threaded flush or upset tool joints or equal.

8.05 TEMPORARY WELL CASING
A. The material type for the temporary test well shall be decided by the CONTRACTOR.

B. The screen length shall be identified by the CITY or CITY’s REPRESENTATIVE.

C. The casing diameter shall be 10-inches.

D. The temporary test well casing shall be capped on the bottom.

8.01 FILTER PACK
A. The filter pack used for the temporary test well shall be clean, washed, inert, durable, rounded, and free of elongated, clay, and silt particles. Selection of an appropriate filter pack, a majority of which should be retained by the well screen, will be the responsibility of the CONTRACTOR.

B. The manufacturer and gradation of filter pack used for temporary test well construction shall be subject to review and approval by the CITY REPRESENTATIVE.

8.02 SEAL MATERIAL
A. The temporary seal shall consist of a minimum of ten (10) feet of medium bentonite chips overlying the filter pack unless otherwise approved by the CITY or the CITY’s REPRESENTATIVE.

8.03 TAGGING TOOL
A. The CONTRACTOR shall provide a tool for measuring the depth of the temporary test well and annular material to the nearest foot during construction.

B. The tagging tool shall be inert and non-hazardous and be attached to steel wireline.

C. The CONTRACTOR shall demonstrate the accuracy of the tagging tool to the CITY’s REPRESENTATIVE upon request.

8.04 WATER STORAGE TANK AND DISCHARGE PIPING
A. The CONTRACTOR shall provide adequate storage tanks for clarification of development water prior to discharge to the point specified by the CITY.

B. The CONTRACTOR shall provide temporary discharge piping as needed to convey clarified development water to the point of discharge approved by the CITY.

C. The discharge assembly shall be of suitable size, length, and configuration to direct the discharge during development to the specified location without generating nuisance water at the project site.

8.05 AIRLIFTING EQUIPMENT
A. The CONTRACTOR shall provide an air compressor capable of producing an airlift flow rate up to 300 gpm.

B. The CONTRACTOR shall provide discharge piping so that fluid generated during development of the temporary test well can be transmitted to holding tanks without creating nuisance water at the project site.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
24 8.06 BAILER
A. The CONTRACTOR shall provide a bailer capable of being lowered into the temporary well casing and extracting water and sediment for well development purposes.

B. A sand suction bailer shall be provided to remove sediment from the bottom of the temporary well casing.

8.07 SWAB TOOL
A. The CONTRACTOR shall provide a swab tool that shall consist of two (2) rubber disks spaced 10 feet apart at either end of a perforated section of pipe with sufficient open area to allow effective airlift pumping to take place. The diameter of the rubber disks shall be no greater than ½-inch smaller than the inside diameter of the well casing and screen. An eductor pipe (typically small diameter PVC pipe) shall be inserted inside the dual-swab pipe to induce airlift flow.

B. The swab tool shall be deployed within the screened section(s) of the temporary test well, and shall be designed such that initial development by simultaneous swabbing and airlifting can occur.

C. The CONTRACTOR shall provide aboveground support equipment that shall be of sufficient size and strength to allow suspension of the entire swab tool, and discharge assembly, and allow swabbing to occur over 10-foot sections of well screen while simultaneously airlifting.

D. The CONTRACTOR shall provide an air compressor of sufficient output to drive the pump at the desired flow rate and under the anticipated pumping conditions.

8.08 ELECTRIC WATER LEVEL SOUNDER
A. The CONTRACTOR shall provide an electric water level sounder capable of measuring the depth to water within the temporary test well to the nearest tenth of a foot.

B. The CONTRACTOR shall demonstrate the accuracy of the water level sounder upon request by the CITY’s REPRESENTATIVE.

PART 3 – EXECUTION

8.09 RECORD KEEPING
A. The contractor shall maintain a daily activity log during temporary test hole drilling and temporary test well construction.

8.10 BOREHOLE REAMING
A. The CONTRACTOR shall not begin borehole reaming for the temporary test well before receiving authorization to do so from the CITY.

B. Final borehole ream diameters and associated depths will be presented to the CONTRACTOR after the CITY has reviewed the lithologic logs and geophysical logs. It is anticipated that the test well casing diameter will be a minimum of 10-inches (large enough to accommodate an 8-inch submersible test pump capable of 700-800 gpm). The final borehole diameter shall be large enough for the installation of the 10-inch diameter temporary well casing and annular material.

C. The installation of the temporary test well casing and screen shall commence after borehole ream activities and drilling fluid conditioning.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
25 D. The well casing strings shall be suspended in tension from the surface by means of an appropriate hanger or clamp. The use of float plugs to land and set casing shall not be permitted. The casing string shall be plumb and centered in the borehole.

E. If for any reason the temporary well casing cannot be landed in the correct position, or at the correct depth, the CONTRACTOR shall rectify the situation by either removing the casing, re-reaming the borehole and re-installing the casing at the CONTRACTORS expense and at no additional cost to the CITY. The lost borehole shall be properly abandoned at the CONTRACTORS expense in accordance with SECTION 10.

F. If any of the casing should collapse or be damaged before the well is completed, the casing should be replaced at the CONTRACTORS expense and at no additional cost to the CITY.

G. These are preliminary guidelines to assist the CONTRACTOR in preparing a bid. Final depths and length of screened casing interval will be determined by the CITY following evaluation of the geophysical logs and lithologic log.

8.11 TEMPORARY TEST WELL CONSTRUCTION
A. The CONTRACTOR shall install the temporary test well to the specified depth. The depth shall be confirmed using a tagging tool. The depth shall be confirmed by the CITYs REPRESENTATIVE before annular materials are placed.

B. Annular materials shall be installed using a tremie pipe. The tremie pipe shall be withdrawn as annular material is placed. The bottom of the tremie pipe shall not be allowed to be more than 31 feet above the material being placed.

C. The CONTRACTOR shall measure the depth to the annular material after it is placed and the depth shall be witnessed by the CITY’ REPRESENTATIVE.

D. Bulk gravel is an acceptable material for backfilling the portion of the borehole above seals placed in the temporary test borehole.

E. The upper bentonite seal shall be placed above the transition sand and shall be a minimum of 10 feet thick.

F. If bentonite seals are placed, the CONTRACTOR shall allow the bentonite seals to hydrate for a minimum of 12 hours following placement. No work shall take place during the 12-hour hydration period.

G. After the test borehole has been constructed, the casing shall be secured and shall not be moved vertically or horizontally.

8.12 TEST WELL DEVELOPMENT
A. The CONTRACTOR shall perform airlift development to remove drilling fluids and suspended solids from the entire temporary well screen.

B. Airlift development shall be performed for a minimum of twenty hours or until well development has been determined to be complete by CITY’s REPRESENTATIVE. Airlift development may continue past twenty hours to remove drilling fluid and sediment at the discretion of the CITY and CITY’s REPRESENTATIVE.

Criteria for completion of airlifting may include a visual improvement in discharge water turbidity and suspended solids, or other criteria outlined by the CITY or CITY’s REPRESENTATIVE.

END OF SECTION 8

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
26 SECTION 9 TEST BOREHOLE DISCHARGE RATE TESTING
PART 1 - GENERAL

9.01 DESCRIPTION
A. This item shall include providing all labor, equipment, and materials necessary for the successful completion of discharge rate testing in the temporary well.

B. Discharge rate testing shall include an 8-hour step test, a 12-hour constant rate test, and recovery monitoring.

9.02 SUBMITTALS
A. Daily activity logs.

9.03 MEASUREMENT AND PAYMENT
A. Payment shall be hourly, for up to 20 hours, unless otherwise specified by the CITY or CITY’s REPRESENTATIVE.

PART 2 - MATERIALS

9.04 SUBMERSIBLE PUMP
A. The CONTRACTOR shall provide and install a submersible test pump capable of producing a minimum of 700 gpm to 800 gpm.

B. The submersible pump shall be equipped with a flow control valve (e.g. VFD and manual flow controls) to adjust flow rate.

C. The CONTRACTOR shall provide discharge piping so that fluid generated during pumping can be transmitted to holding tanks without creating nuisance water at the project site.

9.05 SOUNDING TUBES
A. The CONTRACTOR shall install at least one PVC sounding tube for the installation of a pressure transducer device.

B. At least one PVC sounding tube shall have a minimum diameter of 1.5 inches.

C. The sounding tube shall extend to the top of the test pump and be capped on the bottom with perforations from the bottom of the tube to at least 30 feet from the bottom.

9.06 FLOW METER
A. The CONTRACTOR shall provide and install a mechanical flow meter capable of measuring flow in gallons per minute and recording total gallons pumped.

B. The flow meter shall be installed per the manufacturer’s specifications, including the proper upstream and downstream lengths of pipe.

9.07 ELECTRIC WATER LEVEL SOUNDER

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
27 C. The CONTRACTOR shall provide an electric water level sounder capable of measuring the depth to water within the temporary test well to the nearest tenth of a foot.

D. The CONTRACTOR shall demonstrate the accuracy of the water level sounder upon request by the CITY’s REPRESENTATIVE.

PART 3 – EXECUTION

9.08 GENERAL REQUIREMENTS
A. The CONTRACTOR shall be responsible for setup, operation, maintenance, and demobilization of the equipment.

B. The CONTRACTOR shall measure the total depth of the well before installing the test pump and shall remove any sediment using a wire-line bailer.

C. The CONTRACTOR shall provide all necessary fuel and power to operate the pump discharge rate testing.

9.09 PUMP INSTALLATION
A. The temporary test pump shall be installed to a minimum depth of 100 feet bgs. The CITY or CITY’s REPRESENTATIVE may require the pump to be set at a lower depth. The test pump shall have enough submersion to allow for proper pump function.

B. At least one (1) sounding tube for the measurement of water levels shall be installed with the test pump.

9.10 DISCHARGE RATE TESTING
A. The CONTRACTOR shall perform a step-drawdown test, which will include operating the test pump for approximately 8 hours of constant pumping at three discharge rates. Discharge rates will be determined by the CITY or the CITY REPRESENTATIVE.

B. After the step drawdown test, the CONTRACTOR shall let water levels recover to at least 95% or 24 hours before performing the constant rate test.

C. The CONTRACTOR shall perform the constant rate test for up to 12 hours. The constant rate test will include pumping the temporary test well at a relatively constant rate (within 5% plus of minus of the designed rate) for the entire 12-hour period. The design rate will be determined by the CITY or the CITY REPRESENTATIVE.

9.11 MEASUREMENTS
A. Water level measurements shall be collected before the start of pumping and up to one (1) hour after the completion of pumping.

B. The CONTRACTOR shall measure the following parameters at a minimum of 30-minute intervals during pumping:
a. Date and time of all measurements
b. Water level to the nearest tenth of one foot.
c. Discharge rate in gpm and total volume pumped in gallons.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
28 C. The CONTRACTOR shall measure recovering water levels after the pump is turned off for a time period determined by the CITY or CITY’s REPRESENTATIVE.

9.12 TEMPORARY TEST WELL REMOVAL
A. Following recovery water level monitoring, the CONTRACTOR shall remove the submersible pump, drop pipe, and other pump equipment.

B. After the discharge rate testing is completed, the CONTRACTOR shall remove the test well casing from the borehole.

END OF SECTION 9

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
29 SECTION 10 BOREHOLE AND WELL DESTRUCTION
PART 1 – GENERAL

10.01 DESCRIPTION
A. This item includes all materials, labor, tools, and equipment to perform destruction of the test boreholes, well borehole, or cased well.

B. All three (3) test boreholes will be destroyed after the geophysical surveys are performed and the temporary well has been constructed, production verification test has been performed, and the temporary test well materials have been removed from the borehole.

C. Destruction may be initiated due to actions of the CONTRACTOR or at the request of the CITY.

D. Destruction of the borehole due to actions of the CONTRACTOR may be due to a lost borehole. No payment will be made for a lost borehole. A lost borehole may include the following scenario:
a. Unable to drill to the specified depths.
b. Application of lost circulation materials (in excessive amounts or types). c. Introduction of contaminants.
d. Severe misalignment.
e. Loss of equipment downhole that cannot be retrieved.

E. The CITY and CITY’s REPRESENTATIVE will make the determination if a borehole is considered lost.

10.02 SUBMITTALS
A. Daily activity log.

B. Material volume log.

C. Cement batch ticket(s).

D. Borehole destruction permit (if required by County of Lake).

10.03 MEASUREMENT AND PAYMENT
A. Payment for the destruction of the three test boreholes will be made per foot and shall include all labor, time, materials, and equipment to complete the destruction.

B. No payment will be made for destruction required due to actions of the CONTRACTOR.

C. Payment for destruction of the borehole, if required and specifically requested by the CITY, shall be made on a unit price per foot and shall be considered full compensation for all time, materials, and equipment required to complete the destruction.

D. Payment for the destruction of the test boreholes shall be per foot unit price for all materials, labor, and equipment.

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
30 PART 2 – MATERIALS

10.04 SEALING MATERIALS
A. Acceptable sealing materials for the destruction of the test boreholes and well borehole includes neat cement or sand-cement grout, or other County of Lake approved material.

B. Neat cement shall be composed of one 94-pound sack of Portland cement and 5 to 6 gallons of clean water.

Up to 5 percent bentonite by volume of cement made be added to the mix with no more than 7 total gallons of clean water per mix.

C. 10.3-sack sand-cement grout shall be composed of not more than 188 pounds of sand to one 94-pound sack of Portland Type II cement (2 parts sand to 1 part cement by weight) to 7 gallons of water.

PART 3 – EXECUTION

10.05 DESTRUCTION OF TEST BOREHOLES
A. The CONTRACTOR shall destroy the three (3) test boreholes by grouting either neat cement or 10.3-sack sand-cement grout the upper 20 feet of the boreholes. The remainder of the boreholes (i.e. 20 feet below land surface to total depth of the borehole) shall be filled with suitable fill or sealing material, in accordance with Lake County standards and the California Well Standards, Bulletins 74-81 and 74-90.

B. The CONTRACTOR shall notify the CITY and CITY’s REPRESENTATIVE of the methods for test borehole destruction before they are implemented.

C. The CONTRACTOR shall give the County of Lake notification before the test boreholes are destroyed, and make accommodations for an onsite County of Lake inspector, if required by the County of Lake.

10.06 DESTRUCTION DUE TO ACTIONS OF THE CONTRACTOR
A. If destruction of the borehole is required due to actions of the CONTRACTOR, including but not limited to such causes as lost tools downhole, damaging the well, misalignment, lost borehole, or any other cause attributed to careless or poor workmanship, the borehole shall be completely filled with impervious material in accordance with applicable State and County Standards.

B. No payment will be made for drilling and backfilling the borehole destroyed, or for mobilization and demobilization of this procedure. The CONTRACTOR shall drill a new borehole as specified in the Plans within fifty (50) feet of the original location, or as specified by the CITY.

C. In the event the borehole is destroyed after installation of casing or screen, the CONTRACTOR shall at their discretion, pull or leave the installed casing sections in place. In either case, the borehole shall be destroyed in accordance with State law by backfilling the casing and/or borehole with impervious material.

D. No payment shall be made for lost or damaged casings and/or their installation in a well destroyed by reason of any action of the CONTRACTOR. The CONTRACTOR shall be required to drill a new well as shown on the Plans within 50 feet of the original site.

10.07 DESTRUCTION AT REQUEST OF THE CITY
A. If destruction of the drilled borehole is specifically requested by the CITY in writing, including but not limited such causes a total lack of potential aquifers or insufficient number of potential aquifers, the borehole shall be filled completely with impervious materials in accordance with applicable State and County

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
31 Standards. In this event, the CONTRACTOR will be paid for mobilization and demobilization at the site, as well as for the footage of drilling completed. The Contractor may then be requested to re-mobilize at a second site selected by the CITY. No payment for standby time will be made while awaiting a second site.

END OF SECTION 10

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
32 FIGURES

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
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Technical Specification - Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well - City of Lakeport SOURCE: City of Lakeport, DWR, USGS
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CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
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Date: 3/7/2025 - Last saved by: hmcmanus - Path: Z:\Hydro\Projects\City of Lakeport\MXD\WORKING\Technical Specification\Updated_03.07.2025\Figure2_DrillSite.mxd Drill Site
Technical Specification - Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well - City of Lakeport SOURCE: Bing
0 800 1,600 n Feet
Green Ranch Parcel
APN 005-027-95
FIGURE 2

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
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Date: 3/7/2025 - Last saved by: hmcmanus - Path: Z:\Hydro\Projects\City of Lakeport\MXD\WORKING\Technical Specification\Updated_03.07.2025\Figure3_SiteMap.mxd !>!>
A! A!
A!
Site1

39.054595, -122.948103 Site 2

39.054632, -122.948346
Site 3

39.054187, -122.948354
Site Map
Technical Specification - Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well - City of Lakeport SOURCE: Bing
0 65 130
n Feet
Green Ranch Parcel, APN 005-027-95
A! Test Boring Locations
!> City Groundwater Wells
FIGURE 3

CITY OF LAKEPORT
Technical Specification for Drilling of Three Test Borings and the Construction, Development, and Testing of One Temporary Test Well
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Page | 1 Bid No. XX-XX

ARTICLES OF AGREEMENT

PROJECT NAME
BID NO. XX-XX

IN THE CITY OF LAKEPORT, CALIFORNIA
THIS (Name of Project) PROJECT, BID NO. xx-xx, AGREEMENT (“AGREEMENT”) is made and entered into for the above-stated project this Xth day of Month, 20XX (Council Action Date Here), BY AND BETWEEN the City of Lakeport, a municipal corporation, hereafter designated as “AGENCY”, and CONTRACTOR’S BUSINESS NAME, a ____________ (State) ___________ (corporation, partnership, limited liability company, or other business form), hereafter designated as “CONTRACTOR.” WITNESSETH that AGENCY and CONTRACTOR have mutually agreed as follows:

ARTICLE I: Contract Documents
The contract documents for the (Name of Project), BID NO. xx-xx, 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 abovestated 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
Page | 2 Bid No. XX-XX
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 [INSERT] Dollars ($ ............................................................ ,) 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.

Page | 3 Bid No. XX-XX
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 Page | 4 Bid No. XX-XX
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’ Page | 5 Bid No. XX-XX
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 Page | 6 Bid No. XX-XX
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: Ron Ladd CONTRACTOR: [INSERT CONTACT]
CITY OF LAKEPORT CONTRACTOR’S BUSINESS NAME
225 Park Street Mailing Address
Lakeport, CA 95453 City, State Zip Code
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.

Page | 7 Bid No. XX-XX
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.

H. Not used

Page | 8 Bid No. XX-XX
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 Xth day of Month, 20XX (Council Action Date Here) CONTRACTOR: Contractor’s Business Name

__________________________________________
Contractor’s Sign Name, Title
Contractor’s License No. XXXXXX
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
( E X E C U T E I N D U P L I C A T E )
Page | 9 Bid No. XX-XX

PAYMENT BOND
[Project Name]
BID NO. [Bid #]

IN THE CITY OF LAKEPORT, CALIFORNIA
WHEREAS, the City of Lakeport, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project;
AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract, to secure the payment of claims of laborers, mechanics, material persons, and other persons as provided by law; NOW THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held and firmly bound unto AGENCY in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX) which is one hundred percent (100%) of the total contract amount for the above-stated project, for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH that if CONTRACTOR, its heirs, executors, administrators, successors, assigns or subcontractors, shall fail to pay any of the persons named in Civil Code Section 9100, or amounts due under the Unemployment Insurance Code with respect to work or labor withheld, and to pay over to the Employment Development Department from the wages of employees of the CONTRACTOR and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, that the surety or sureties herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the plaintiffs and AGENCY in an amount to be fixed by the court.

This bond shall inure to the benefit to any of the persons named in Civil Code Section 9100 as to give a right of action to such persons or their assigns in any suit brought upon this bond.

The SURETY hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or the specifications accompanying it shall in any manner affect SURETY’s obligations on this bond. The SURETY hereby waives notice of any such change, extension, alteration or addition and hereby waives the requirements of Section 2845 of the Civil Code as a condition precedent to any remedies AGENCY may have.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of ________________, 20__.

Contractor* SURETY*…………………………………………
Name, Title of Signer …………………………………………
Contractor’s Business Name …………………..…………………….

Mailing Street Adress …………………………………….…..

City State, Zip Code …………………………………………
Telephone # …………………………………………

*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for the respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of _____________________, 20__.

NOTARY PUBLIC .................................................................................................. (SEAL) (EXECUTE IN DUPLICATE)
Page | 10 Bid No. XX-XX

FAITHFUL PERFORMANCE BOND
[Project Name]
BID NO. [Bid #]

IN THE CITY OF LAKEPORT, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS That Contractor’s Business Name, hereinafter referred to as “CONTRACTOR” as PRINCIPAL, and ______________________________________(Surety), a corporation duly organized and doing business under and by virtue of the laws of the State of California and duly licensed for the purpose of making, guaranteeing, or becoming sole surety upon bonds or undertakings as Surety, are held and firmly bound unto the CITY OF LAKEPORT, CALIFORNIA, hereinafter referred to as the “AGENCY” in the sum of [DESCRIBE VERBALLY; 100% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX); which is one hundred percent (100%) of the total contract amount for the above stated project; lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, assigns and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas CONTRACTOR has been awarded and is about to enter into a Contract with AGENCY to perform all work required pursuant to the contract documents for the project entitled: [Project Name and Bid #] which Contract is by this reference incorporated herein, and is required by AGENCY to give this Bond in connection with the execution of the Contract;
NOW, THEREFORE, if CONTRACTOR and his or her Subcontractors shall well and truly do and perform all the covenants and obligations of the Contract on his or her part to be done and performed at the times and in the manner specified herein including compliance with all Contract specifications and quality requirements, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
PROVIDED, that any alterations in the work to be done, or in the material to be furnished, which may be made pursuant to the terms of the Contract, shall not in any way release CONTRACTOR or the Surety thereunder, nor shall any extensions of time granted under the provisions of the Contract release either CONTRACTOR or said Surety, and notice of such alterations of extensions of the Contract is hereby waived by said Surety.

In the event suit is brought upon this Bond by AGENCY and judgment is recovered, said Surety shall pay all costs incurred by AGENCY in such suit, including a reasonable attorney’s fee to be fixed by the Court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this…….day of ...................................... , 20__.

Mailing Street Adress …………………………………….…..

City State, Zip Code …………………………………………
Telephone # …………………………………………
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Power of Attorney must be attached.

Subscribed and sworn to this___ day of ______________ , 20__.

NOTARY PUBLIC .................................................................................................. (SEAL) (EXECUTE IN DUPLICATE)
Page | 11 Bid No. XX-XX

MAINTENANCE BOND
[Project Name]
BID NO. [Bid #]

IN THE CITY OF LAKEPORT, CALIFORNIA
KNOW ALL PERSONS BY THESE PRESENTS THAT WHEREAS, the City of Lakeport, as AGENCY has awarded to Contractor’s Business Name, as CONTRACTOR, a contract for the above-stated project.

AND WHEREAS, CONTRACTOR is required to furnish a bond in connection with the contract guaranteeing maintenance thereof;
NOW, THEREFORE, we, the undersigned CONTRACTOR and SURETY, are held firmly bound unto AGENCY in the sum of DESCRIBE VERBALLY; 50% OF TOTAL CONTRACT AMOUNT—TO BE INSERTED BY CONTRACTOR]Dollars ($XXX,XXX.XX), which is fifty percent (50%) of the total contract amount for the above-stated project to be paid to AGENCY, its successors and assigns, for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that if CONTRACTOR shall remedy without cost to AGENCY any defects which may develop during a period of one (1) year from the date of recordation of the Notice of Completion of the work performed under the contract, provided such defects are caused by defective or inferior materials or work, then this obligation shall be void; otherwise it shall be and remain in full force and effect. In case suit is brought upon this bond, SURETY will pay reasonable attorneys’ fees to the AGENCY in an amount to be fixed by the court.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this____ day of ...................................... , 20__.

Mailing Street Adress …………………………………….…..

City State, Zip Code …………………………………………
Telephone #
…………………………………………
*Provide CONTRACTOR and SURETY name, address and telephone number and the name, title, address and telephone number for their respective authorized representatives. Powers of Attorney must be attached.

Subscribed and sworn to this ........... day of ............................... , 20__.

NOTARY PUBLIC .................................................................................................. (SEAL)

(EXECUTE IN DUPLICATE)
Meeting Date: 11/4/2025 Page 1 Agenda Item #VII.B.2
421869.1

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

STAFF REPORT
RE: Utility Truck Procurement MEETING DATE: 11/4/2025
SUBMITTED BY: Paul Harris, Utilities Director
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 sign a purchase order for the procurement of a 2026 Chevrolet 2500 with a Harbor utility body.

BACKGROUND/DISCUSSION:

The utilities department is in need of replacing vehicle S54, part of our existing fleet. Vehicle S54 is a 2004 Ford 1/2ton utility truck which is reaching the end of its useful life. This vehicle is utilized for field calls, general site maintenance, and emergencies within our collection system.

Quotes were requested from 3 dealerships for a Chevy 2500HD 2WD Regular Cab with a utility body. Folsom Chevrolet came in with the lowest quote at $63,827.27. Platinum Chevrolet was the next lowest at $64,671.26 and finally Roseville Chevrolet at $71,979.70. A quote was requested from Matt Mazzei but unfortunately, they do not have a fleet inventory.

In comparing the quotes provided, I would ask the Council to consider approving the purchase of a 2026 Chevy HD 2WD with a Harbor utility body for $63,827.27 as quoted by Folsom Cheverolet. Appropriations were approved for this purchase for this current fiscal year in the amount of $70,000.

OPTIONS:

Move to authorize the purchase of a 2026 Chevy 2500HD regular cab with Harbor utility body.

Provide alternative direction to staff.

FISCAL IMPACT:

None $63,827.27 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:

Meeting Date: 11/4/2025 Page 2 Agenda Item #VII.B.2
421869.1
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 authorize the City Manager to sign the associated purchase agreement for the procurement of a 2026 ChevyHD 2WD with a Harbor utility body for $63,827.27.

Attachments: 1. Folsom Chevrolet Proposal

2. Platinum Chevrolet Proposal

3. Roseville Chevrolet Proposal

Meeting Date: 11/04/2025 Page 1 Agenda Item #VII.C.1

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: Approval to Recruit for an Administrative Analyst Position MEETING DATE: 11/4/2025 SUBMITTED BY: Kelly Buendia, Administrative Services Director PURPOSE OF REPORT: Information only Discussion Action Item WHAT IS BEING ASKED OF THE CITY COUNCIL/BOARD:

It is recommended that the City Council authorize staff to open a recruitment for an Administrative Analyst position, in place of the currently budgeted GIS/Asset Management Technician position, to better meet the City’s operational and analytical needs.

BACKGROUND/DISCUSSION:

The incumbent GIS/Asset Management Technician has provided notice of departure, creating a vacancy. When the City last recruited for this position, we faced significant challenges — including three failed recruitments — before we were fortunate to rehire a highly qualified former employee. The position has proven difficult to fill due to its specialized technical nature and comparatively limited compensation competitiveness in the GIS market.

Since that time, staff has evaluated the City’s operational priorities and determined that the organization’s ongoing and emerging analytical and administrative needs outweigh the limited scope of GIS work currently performed in-house.

While GIS-related tasks remain important, these can be efficiently handled through our existing consultant contracts within the current budget. In contrast, the following areas of need have grown significantly:
• Administration of the Enterprise Asset Management (Cartegraph) in OpenGov. • Complex analysis to support Inflow and Infiltration (I&I) mitigation efforts. • Preparation and monitoring of regulatory compliance reports for water and sewer systems. • Information technology issue tracking and coordination support. • Development of data-driven analytics related to water and wastewater system performance. • Assistance with regulatory programs such as CCCP, SSMP, RMP, BSSP, SERP, and related emergency response plans.
• Support in preparing and managing grant applications and compliance documentation.

Transitioning to an Administrative Analyst position will enable the City to enhance administrative capacity, improve operational efficiency, and strengthen analytical and compliance support for Public Works and Utility operations.

Meeting Date: 11/04/2025 Page 2 Agenda Item #VII.C.1
This reclassification will not increase current operational costs. The change will be reflected in the upcoming budget cycle’s Position Summary, consistent with the City’s practice of presenting staffing recommendations during budget development.

OPTIONS:

1. Approve the recruitment of an Administrative Analyst as recommended.

2. Retain and recruit for the existing GIS/Asset Management Technician classification.

3. Provide alternative direction to staff.

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: There is no fiscal impact in approving the recruitment. Budgeted funds should sufficiently cover this change.

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 staff to initiate recruitment for an Administrative Analyst to fill the vacancy currently classified as a GIS/Asset Management Technician.
☒ Attachments: 1. Job Description – Administrative Analyst

2. Job Description – GIS/Asset Management Technician
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CITY OF LAKEPORT

ADMINISTRATIVE ANALYST
Job Description

DEFINITION
Under general direction, performs a variety of the more complex analytical assignments and exercise special administrative responsibilities; to provide support for the functions, operations, and services of assigned department or division; to provide support for other city departments for special projects/assignments, as assigned; to provide administrative oversight for delegated programs and services; to perform specialized administrative assignments; to assist management staff with the development and monitoring of assigned department/division budgets; to prepare reports and presentations on a variety of issues; and to do related work as required.

CLASS CHARACTERISTICS
This is the fully experienced working level in the Administrative Specialist/Analyst series. Incumbents perform a variety of analytical, fiscal, and administrative assignments requiring considerable knowledge and background in city administrative analysis work. Incumbents may be assigned to special work areas as dictated by the needs of the city. The incumbent in this class will perform specialized assignments. Examples of this include providing major support in city labor negotiations, providing administrative oversight of delegated programs such as the housing program. This class is distinguished from Administrative Specialist II in that an Administrative Analyst performs a broader scope of fiscal management, analytical, and administrative work and works with a much greater level of independence.

Many of the assignments described below are performed in a training and learning capacity with an incumbent expected to continually develop the knowledge and ability to work on an increasingly independent basis.

Performs a variety of basic administrative and analytical assignments related to the staffing, budgeting, and implementation of city services and programs;
Participates in budget development, review, and monitoring for assigned city departments/divisions and programs; maintains department accounting records;
May provide support for other departments for special projects/assignments, as assigned; Provides support for purchasing and development of proposal requests and bid packages; learns to develop and administer leases and contracts;
Serves on a variety of committees, as delegated;
Reviews proposed state and federal legislation, developing analyses of legislative impacts on city services, functions, and programs;
Participates in public information dissemination, economic development efforts, and other special projects, as assigned;
~ 2 ~
Prepares grant applications and assists in grant administration; Performs special projects, gathering data and preparing a variety of reports, as assigned; organizes information for presentations;
Makes presentations, as directed, to a variety of groups, including the City Council; serves as a liaison with city departments, citizens groups, and community organizations; Assists with preparing and implementing long-range plans and goals for the city, including infrastructure improvements;
Responds to citizen requests/complaints, referring them to other city management staff.

Perform related work as assigned.

QUALIFICATIONS GUIDELINES
Education and/or Experience
Four years of progressively responsible administrative work comparable to that of an Administrative Specialist II with the City of Lakeport.

Graduation from a four year college or university with a major in Public Administration, Accounting, Business Administration, Political Science, Communications, Education, English or a closely related field, preferred.

Knowledge, Skills, and Abilities
Knowledge of the functions, organization, programs, and services of City of Lakeport government; research and information gathering techniques; project development, management, and coordination; research and evaluation methods; economic development programs; personnel, and employer-employee relation; personal computers and software applications related to city management and administration; financial accounting procedures and methods; grant writing procedures and grant management; and principles of supervision, training, and work evaluation.

Ability to provide supervision, training, and work evaluation, as assigned; perform a variety of complex and specialized analytical work related to planning, organizing, managing, coordinating, and supervising the functions and services of the city to achieve efficient operations and program goals; assist with preparation and administration of the city budget and overseeing fiscal controls; provide support for and assist with planning, organizing, and coordinating various administrative functions such as personnel, budget, marketing, redevelopment, economic development, labor negotiations, and labor relations; gather, organize, analyze, and present a variety of data and information; prepare clear, concise, and accurate records and reports; evaluate, formulate, and develop recommendations on improvements to city operations, programs, and services; provide advice and consultation to the city management on the development of ordinances, regulations, programs, and policies; communicate well during public presentations; effectively represent the city’s policies, programs, and services with the public, community organizations, city staff, and other government agencies; regularly work well under pressure, meeting multiple and sometimes conflicting deadlines and demonstrate cooperative behavior with colleagues, supervisors, and customers/clients.

Special Requirements
Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record, may be required for some assignments.

Receive satisfactory results from a background investigation, physical examination, and administrative screening which meet the established qualification standards.

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CITY OF LAKEPORT
GIS/Asset Management Technician
Job Description

DEFINITION
Under general supervision, performs a variety of difficult and complex professional, technical, and analytical geographic information systems duties, including application design, modification, programming, scripting, spatial database design and management, and user support; provides oversight and coordination for the GIS; provides technical support for City departments; and performs related duties as assigned.

CLASS CHARACTERISTICS
Incumbents perform a variety of work in the development and implementation of the GIS functions for assigned departments. The GIS Specialist is a single class series who may work on an independent basis.

ESSENTIAL FUNCTIONS
The following duties are typical for this classification. Incumbents may not perform all of the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
 Performs a variety of assignments in the development, implementation, and coordination of the GIS system, including computerized mapping.
 Maintains GIS based asset management systems.
 Identifies and documents city assets as directed.
 Provides training, develops SOPS and assists with workflow on asset management programs.  Uses a variety of software packages such as Arc-GIS or Arc-IMS to produce and update city maps.  Works with other city departments in the compilation and updating of the GIS, as it relates to address ranges.
 Develops and maintains a variety of spatial data.
 Assists in the development and enforcement of GIS standards and operating procedures.  Analyzes and maintains the GIS database, including gathering and incorporating data and creating tables or layers, standard data definitions, data dictionary, physical database design, security and privacy, and recovery
 Drafts contracts and reviews proposals.
 Performs a variety of GIS and data collection projects.  Produces reports, presentations, and/or other graphical images as needed.  Updates various city files and computerized databases.  May assist other staff in the operations of the GIS system and related software packages.  Performs a variety of planning related computer and technical work.  Performs related duties as assigned.

QUALIFICATIONS GUIDELINES
Education and/or Experience
Two years (2) of full-time technical experience in using computerized mapping systems and software, including experience in working with Geographic Information Systems. Equivalent to a Bachelor’s degree from ~ 2 ~
an accredited four-year college or university with major coursework in geographic information systems, computer science, management information systems, geometry, trigonometry, or a closely related field is highly desirable. Additional directly related experience and/or education may be substituted.

Knowledge, Skills, and Abilities
Knowledge of:
 Methods, practices, and terminology of computerized mapping systems.  Basic knowledge of GIS and software packages such as Arc-GIS and Arc-IMS.  Nomenclature, symbols, methods, and practices used in property descriptions, map development, and drafting.
 Engineering technical support work, including drafting, mapping, property descriptions, and survey techniques and equipment.
 Principles of project development, oversight, and coordination.  Topological relationships and principles of geodatabase design.  Applicable federal, state, and local laws, regulatory codes, ordinances, and procedures relevant to assigned area of responsibility; GIS-related ethical issues.  Principles and practices of Global Positioning Satellite (GPS) systems, Global Navigation Satellite Systems (GNSS), and other location detection systems.
 Principles of project development, oversight, and coordination.  Principles and practices of spatial technology, including geo-databases, feature classes, raster, and image.
 Principles and practices of developing field and mobile data collection applications.  Principles and practices of identifying technology needs and issues; researching and evaluating technology and applications, identifying the most effective course of action; and implementing solutions.
 Mathematics used in the creation of maps, tables, and reports showing geographic and topographic information and to manipulate tabular/spatial data.
 Good public relations techniques.
 Computer systems and software used by the department.  Customer service principles and techniques.
 Written and oral communications skills.
 Proper English spelling, grammar, and punctuation.
 Computers and software programs (e.g., Microsoft software applications) to conduct research, assess information, and/or prepare documentation.
 Principles and techniques for working with groups and fostering effective team interaction.

Ability to:
 Learn and perform a variety of work in the development and implementation of the GIS.  Skillfully use computerized mapping systems and Arc-GIS and Arc-IMS software in the performance of technical planning and land use work.
 Read, analyze, and understand codes, statutes, and information related to land use and development, GIS implementation, and maintenance of planning and zoning maps.  Analyze and ensure the accuracy of property descriptions.  Develop accurate records, sketches, and notes.
 Prepare a variety of records and reports.
 Learn the organization and operation of City departments and outside agencies.  Read and interpret maps, drawing, and property documents.  Gather and organize data and information, developing a variety of reports.  Learn and perform difficult computerized mapping work with skill and accuracy.  Deal tactfully and courteously with the public and other staff when explaining and interpreting maps, property descriptions, and GIS.
 Regularly work well under pressure, meeting multiple and sometimes conflicting deadlines.  Communicate clearly and concisely, both orally and in writing.  Utilize a computer, relevant software applications, and/or other equipment as assigned to perform a variety of work tasks.

Lakeport City CouncilNovember 4, 2025

Lakeport City Council
November 4, 2025