Agenda packet — Lancaster City Council, June 27, 2023 (part 3 of 7)

City of Lancaster Check Register
From Check No.: 7434642 - To Check No.: 7438785
Printed: 6/9/2023 9:16 From Check Date: 05/21/23 - To Check Date: 06/10/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 101 3405303 (1,701.15)
19,391.55 19,391.55
7438684 02605 A V COLLISION REPAIRS, INC EQ3792 REPAIR 5,027.31 111 4753207 5,027.31 7438685 A3973 A V COMMUNITY THEATRE ACCNT STLMNT-CST SMTHNG ROTTEN 6,203.92 101 2107000 16,070.50 101 3405127 (8,889.00)
101 3405302 (447.93)
101 3405303 (529.65)
6,203.92 6,203.92
7438686 03854 A V JANITORIAL SUPPLY CH-STAINLESS STEEL DISPENCERS 1,385.46 101 4633406 1,385.46 LPAC-STORAGE CABINETS 2,546.78 101 4650251 2,546.78 3,932.24 3,932.24
7438687 08979 A V PEST CONTROL PDW-PEST CONTROL 75.00 101 4634301 75.00 LMS-PEST CONTROL SERVICE 275.00 101 4632301 275.00 JRP-PEST SERVICE 110.00 101 4631301 110.00 EDP-PEST SERVICE 65.00 101 4631301 65.00 PBP-PEST SERVICE 95.00 101 4631301 95.00 AHP-PEST SERVICE 85.00 101 4631301 85.00 705.00 705.00
7438688 00107 A V PRESS 05/23-ADS JUDY, SNOW, STUNT 1,135.83 101 4650205 1,135.83 12/22-ADS NUTCRACKER 662.38 101 4650205 662.38 1,798.21 1,798.21
7438689 06099 A V RECYCLING CENTER 05/23-CLEAN UP/VEGETATION RMVL 31,500.00 101 4800301 31,500.00 7438690 06294 A V WEB DESIGNS LNS-MONTHLY HOSTING AND CMS 99.95 112 4315301 99.95 PAC-06/23 MONTHY HOSTING CHGS 99.95 101 4650301 99.95 BIG 8-MONTHLY WEBSITE HOSTING 99.95 112 4315301 99.95 299.85 299.85
7438691 02071 A-G SOD FARMS OF PALMDALE OMP-SOD FOR FIELDS 3 & 4 3,389.53 101 4630404 3,389.53 7438692 11520 ADAMS, ANDREW B FIGURE MODEL 100.00 101 4651251 100.00 FIGURE MODEL 100.00 101 4651251 100.00
200.00 200.00
7438693 05445 ADELMAN BROADCASTING, INC PAC-05/23 ADS-STUNT DOGS 300.00 101 4650205 300.00 7438694 05956 ADVANCED PRINTING & GRAPHICS DIGITAL VINYL ON POSTERBOARD 304.29 101 4650205 304.29 7438695 00127 ALL GLASS & PLASTICS LLC AHP-VANDALISM WINDOW REPAIR 402.00 101 4630460 402.00 7438696 11363 ALPHA BUILDERS LLC LANSFRD COMMTY AC INSTALL 19,500.00 101 4622682 19,500.00 7438697 11452 AM SIGNAL LLC SPEED RADAR REPLACEMENT 4,600.20 203 4754460 4,600.20 7438698 D3147 AMERICAN PLUMBING SERVICES,INC CH-PLUMBING DIAGNOSTIC 118.00 101 4633402 118.00 LMS-REAPIR LEAKING TOILET FMLY 456.00 101 4632402 456.00 CH-REPAIR LEAKING SEW LINE 3,774.00 101 4631402 3,774.00 4,348.00 4,348.00
7438699 D3517 AMERICASPRINTER.COM LPAC '23 BOOKLETS 50% DEPOSIT 3,496.60 101 4650205 3,496.60 LPAC POSTCARD EDDM 50% DPST 6,419.00 101 4650205 6,419.00 ARTS FOR YOUTH BROCHURE '23 1,003.00 101 4650205 1,003.00 10,918.60 10,918.60
7438700 01933 AMERON PW-LOT CHARGE 19,581.00 203 4754460 19,581.00 7438701 02693 ANDY GUMP, INC JRP-VANDALISM CANCELLED ORDER 150.00 101 4630460 150.00 RDP-FENCE RENTAL 33.74 101 4634602 33.74 OMP-FENCE RENTAL 33.74 101 4634602 33.74 217.48 217.48
7438702 11461 ARBORPRO INC GPS TREE INVENTORY 24,362.80 101 4634267 24,362.80 7438703 C9805 ARROW TRANSIT MIX INC READY MIX CONCRETE 677.22 203 4752410 677.22 READY MIX CONCRETE 677.22 203 4752410 677.22 READY MIX CONCRETE 677.22 203 4752410 677.22 2,031.66 2,031.66
7438704 07112 AV ACTION AIR INC OMP-SHOP SWAMP COOLER REPAIR 454.97 101 4634402 454.97 LMS-REPAIR ICE MACHINE 285.00 101 4632402 285.00 LMS-REPAIR AC UNIT ELECTRCL RM 1,131.91 101 4632402 1,131.91 1,871.88 1,871.88
7438705 03625 BAKERSFIELD WELL & PUMP CO LNSC-BOOSTER PUMP REPAIRS 8,442.25 227 17GB001924 8,442.25 LNSC-BOOSTER PMP RPR A&B 25,289.30 227 17GB001924 25,289.30 33,731.55 33,731.55
7438706 11448 BLACKHAWK PROTECTION SERVICES 03/23-PROTECTION SERVICES 13,844.04 203 4752301 13,844.04 04/23-PROTECTION SERVICES 13,947.57 203 4752301 2,688.08 207 4752301 11,259.49
05/23-PROTECTIONS SERVICES 14,390.88 203 4752301 14,390.88 42,182.49 42,182.49
7438707 06639 BOOT BARN INC MT-STAFF WORK BOOTS/SOCKS 222.23 480 4755220 222.23

Page 95 of 99 ends

City of Lancaster Check Register
From Check No.: 7434642 - To Check No.: 7438785
Printed: 6/9/2023 9:16 From Check Date: 05/21/23 - To Check Date: 06/10/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount JP-STAFF WORK BOOTS 138.62 203 4752220 138.62 360.85 360.85
7438708 08902 BUILDERS UNLIMITED CONSTRUCTRS CH-DOOR STOPS 6,750.00 701 11BS043924 6,750.00 BANNERS REMOVAL 6,000.00 101 4600301 6,000.00 CEDAR CENTER-NEW MAIN DOORS 11,200.00 101 4651402 11,200.00 STUDIO 606-SIGN INSTALLATION 3,800.00 101 4651251 3,800.00 27,750.00 27,750.00
7438709 08017 BURKE, WILLIAMS & SORENSEN LLP 04/23-PRFSSNL SVCS 192.50 101 4100303 192.50 04/23-PRFSSNL SVCS 1,732.50 101 4100303 1,732.50 1,925.00 1,925.00
7438710 10309 CLIFTON LARSON ALLEN LLP FY 21/22-INTERIM AUDIT 18,900.00 101 4432304 18,900.00 7438711 D4053 CO OF LA-DEPT PUBLIC HEALTH JRP-POOL PERMIT 274.00 101 4631311 274.00 PBP/ESP-POOL PERMIT 672.00 101 4631311 672.00 ZELDA'S PUBLIC HEALTH PERMIT 762.00 101 4633301 762.00 LNSC-YEARLY LICENSE 971.00 101 4635311 971.00 2,679.00 2,679.00
7438712 08122 COHEN VENTURES INC 04/23-COMMUNITY SOLAR PROJECT 3,132.00 490 4791301 3,132.00 7438713 11600 DAVIES, ELIZABETH SECURITY DPST RFND PRMT#R2495 530.00 101 3401805 530.00 7438714 00432 DEPT OF JUSTICE 0423-FINGERPRINT APPS 1,066.00 101 4220255 1,066.00 7438715 00414 DESERT LOCK COMPANY OMP-PM LOCKS 101.61 101 4634404 101.61 FIFA DEADBOLT 471.90 101 4635402 471.90 OMP-PM LOCKS 203.21 101 4634404 203.21
INCUBATOR UNIT K-SERVICE TRIP 60.00 101 4620403 60.00 OMP-AVTA DOOR REKEY 258.61 101 4634403 258.61 CH-PM LOCKS 92.74 101 4633402 92.74
INCUBATOR UNIT G-SRVC CALL RPR 265.38 101 4620403 265.38 CEDAR-SERVICE TRIP 70.00 101 4633402 70.00 CEDAR-CYLINDER REPLACE 237.81 101 4633402 237.81 LCC-SERVICE TRIP 237.81 101 4633402 237.81 1,999.07 1,999.07
7438716 09191 DESIGNERS TOUCH LANDSCAPE INC LMS-SOD PROJECT 4,200.00 101 4632404 4,200.00 7438717 08839 DUKE ENGINEERING AND ASSOCS ARCHITECTURAL FLOOR PLANS 650.00 101 11BS022924 650.00 STRUCTURAL/MCHNCL/ELCTRCL PLNS 750.00 101 11BS022924 750.00 DRAFTING OF UTILITIES FRONTAGE 210.00 207 12AC009924 210.00 DESERT WLND RENDERING CP23-011 3,500.00 206 15ST086924 3,500.00 5,110.00 5,110.00
7438718 11127 EXCEL PEST PROS COMMUNITY HOMES-PEST CONTROL 750.00 101 4622301 750.00 7438719 D3240 FASTENAL COMPANY UTILITY SVCS 238.78 101 4754208 146.25 101 4754209 92.53
MAINT SUPPLIES 1,039.03 480 4755208 996.69 484 4755208 42.34
1,277.81 1,277.81
7438720 10640 FERREIRA CONSTRUCTION CO CP21011-AVE K INTERCHANGE IMPR 43,734.63 150 2100003 (2,301.82) 210 15BR004924 46,036.45
43,734.63 43,734.63
7438721 11540 GALINDO, MARIA PERFORMANCE-5/27/23 400.00 101 4651251 400.00 7438722 11332 GE SOFTWARE INC. MIFARE POD TAG READER 2,306.20 101 2175000 (229.72) 111 4753295 2,535.92
2,306.20 2,306.20
7438723 10888 GONZALEZ PROPERTY SVCS YARD-SANITIZING SRVC CMMN ARS 985.00 203 4752403 985.00 LMS-REPAIR CONCESSION SINK 1,235.00 101 4632402 1,235.00 STP-GRAFFITI 575.00 101 4630460 575.00
LMS-REPAIR WALK-IN REFRIGERATR 1,400.00 101 4632402 1,400.00 LMS-REPAIR BROKEN FRNT GATES 1,185.00 101 4632402 1,185.00 LNSC-WLDNG RPR BKFLW BX BRCKTS 765.00 482 4756402 765.00 METRO-GRAFFIT RMVL VANDALISM 560.00 101 4630460 560.00 LNSC-WLDNG SRVC RND BX/SHT MTL 985.00 482 4756402 985.00 SKT-GRAFFITI RMVL VANDALISM 685.00 101 4630460 685.00 AHP-GRAFFITI RMVL VANDALISM 875.00 101 4630460 875.00 JRP-GRAFFITI RMVL VANDALISM 680.00 101 4630460 680.00 PAC-UPSTR CBNT INSTLL/SPK RLCT 1,560.00 101 4650301 1,560.00 PAC-DWNSTR KTCHN STRG CBN INST 850.00 101 4650301 850.00 12,340.00 12,340.00
7438724 A7976 GRADY, KELLY UPDATE TOUR LUKE CHRTY FLYERS 225.00 101 4771301 225.00 7438725 11479 GREEN GRID INC HYDROGEN STRATEGIC PLAN SPPRT 10,000.00 101 4430301 10,000.00 7438726 00849 HAAKER EQUIPMENT CO 4 SO STD-6' POLE SINGLE M/F 388.70 480 4755208 388.70 7438727 07653 INBOUND DESIGN INC 05/23 WEB DESIGN/MAINTEN 325.00 490 4250301 325.00 7438728 D3626 INLAND EMPIRE REG CMPSTNG AUTH PARKS COMPOST 5,392.92 101 4631404 2,000.00 101 4634404 3,392.92

Page 96 of 99 ends

City of Lancaster Check Register
From Check No.: 7434642 - To Check No.: 7438785
Printed: 6/9/2023 9:16 From Check Date: 05/21/23 - To Check Date: 06/10/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 5,392.92 5,392.92
7438729 09083 INT'L BUSINESS MACHINES CORP INNOVATION PLATFORM-OPS/MAINT 419.90 490 4791301 419.90 7438730 06350 INTELESYS ONE FY 23/24 PRTNR SPPRT FULL CVRG 37,821.00 112 4315302 37,821.00 7438731 04476 J T B SUPPLY INC BATTERY BACKUP-TSC ON AVE K/14 4,631.66 203 4754460 4,631.66 7438732 01419 JOHNSTONE SUPPLY SCREWDRIVER SET 180.70 203 4752403 180.70 SCREWDRIVER SET 169.65 203 4752403 169.65 CH-HVAC MOTOR 184.03 101 4633403 184.03 534.38 534.38
7438733 11047 KARISH INDUSTRIES STREET LIGHT REPAIRS 1,150.45 483 4754660 1,150.45 STREET LIGHT REPAIRS 896.33 483 4754460 183.78 483 4754660 712.55
2,046.78 2,046.78
7438734 A8656 KIMLEY-HORN & ASSOCIATES INC AVE M RAISE GRANT & APP 17,065.00 101 4771301 17,065.00 7438735 1203 LANCASTER PLUMBING SUPPLY CEDAR- TOILET REPAIRS 13.25 101 4633403 13.25 CH- COOLER PUMP 177.42 101 4633403 177.42 190.67 190.67
7438736 11412 LANDOWSKI, SARAH SL-FIGURE MODEL-NUDE SESSION 200.00 101 4651251 200.00 7438737 10162 LANDSCAPE CONNECTION GROUP BLOCK WALL REPAIR 1,875.00 203 4756402 1,875.00 REMOVE MONUMENT SIGN-RELOCATE 4,900.00 207 12AC009924 4,900.00 IRRIGATION WEATHER TRAK LC 500.00 207 12AC009924 500.00 METRO BENCH REPLACEMENTS 3,000.00 207 4633404 3,000.00 JRP-MAINLINE REPAIR 4,988.00 101 4631402 4,988.00 WESTERN HOTEL- NEW DESK 4,950.00 101 4633402 4,950.00 20,213.00 20,213.00
7438738 D3426 LAW OFFICES CHRISTOPHER RAMSEY CLAIM #UNKNWN/4A221267D7V-0001 10,500.51 113 4230303 10,500.51 7438739 10283 LSY ENTERPRISE INC TRAFFIC MGMT CENTER DEVT 740.00 207 11BS027924 218.30 321 11BS027924 521.70
740.00 740.00
7438740 5191 LU'S LIGHTHOUSE, INC LED MINIBAR 2,034.94 111 4753207 2,034.94 7438741 11555 MALLORY SAFETY & SUPPLY LLC BATTERY PACK-SENSORS 1,190.27 480 4755403 1,190.27 7438742 06966 MICHAEL BAKER INT'L INC AMARGOSA CRK TRL 6,102.50 349 15TR003924 6,102.50 AMARGOSA CRK TRL-02/23 SRVCS 33,179.50 349 15TR003924 33,179.50 39,282.00 39,282.00
7438743 D3578 MINUTEMAN PRESS UNIFROM HATS 2,442.71 101 4640209 2,442.71 500 TRI FOLD-NGHBRHD WATCH 268.50 101 4800253 268.50 KEYCHAINS AND LANYARDS 1,761.25 101 4600202 426.67 101 4600251 1,334.58
4,472.46 4,472.46
7438744 11566 NATIONAL COMMUNITY DEVELOPMENTFY24 MEMBERSHIP DUES 1,545.00 306 4792301 1,545.00 7438745 11066 NATIONAL PLANT SERVICES, INC CCTV UNIT/ OPERATOR S/T 4,046.32 480 4755470 4,046.32 7438746 D2634 O'REAR, JEFFREY R 06/23-PRODUCTION SERVICES 400.00 101 4649225 400.00 7438747 06513 ODYSSEY POWER CORP OMP-GENERATOR REPAIRS 1,824.95 101 4634402 1,824.95 MOAH-GENERATOR PM 807.00 101 4633301 807.00 2,631.95 2,631.95
7438748 02549 PACIFIC CORRUGATED PIPE CO UTILITY-72" GALV CSP 1,773.85 484 4755460 1,773.85 7438749 06984 PACIFIC DESIGN & INTEGRATION 05/23-BROADCAST MTNG SERVICES 3,400.00 112 4315301 3,400.00 7438750 10392 PEI IT-AZURE FNDTN SSO SVCS 1,195.40 112 4315302 1,195.40 IT-AZURE FNDTN SSO SVCS 500.00 112 4315302 500.00 1,695.40 1,695.40
7438751 07968 PINNACLE PETROLEUM, INC 87 REGULAR UNLEADED CARB ETH 24,038.61 111 4753217 24,038.61 DIESEL (2482) 9,677.64 111 4753217 9,677.64 UNLEADED (2480) 10,444.85 111 4753217 10,444.85 44,161.10 44,161.10
7438752 06607 PUMPMAN LLC PUMP STATION TEMP REPAIR 2,225.00 480 4755402 2,225.00 7438753 10219 REDMAN CONSULTING CLEAN CA CYCLE 2 DRAFT 8,500.00 101 4771301 8,500.00 7438754 05412 RETAIL MARKETING SVCS, INC 04/23-SHOPPING CART RETRIEVAL 55.00 203 4752402 55.00 7438755 03962 SAFETY KLEEN HAZARDOUS WASTE DISPOSAL 4,651.44 101 4754657 4,651.44 7438756 11549 SETTO, TRACY FIGURE MODEL 100.00 101 4651251 100.00 7438757 07139 SITEONE LANDSCAPE SUPPLY LLC STP-WEED TREATMENT 90.55 101 4631404 90.55 7438758 01816 SMITH PIPE & SUPPLY INC OMP-BATTERY TIMER 159.04 101 4634404 159.04 EDP-IRRIGATION SUPPLY 15.17 101 4631404 15.17

Page 97 of 99 ends

City of Lancaster Check Register
From Check No.: 7434642 - To Check No.: 7438785
Printed: 6/9/2023 9:16 From Check Date: 05/21/23 - To Check Date: 06/10/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount CH-IRRIGATION SUPPLIES 124.49 101 4633404 124.49 CH-SPRINKLERS & NOZZLES 178.49 101 4633404 178.49 PBP-IRRIGATION SUPPLY 93.82 101 4631404 93.82 PBP-IRRIGATION WIRE #2 97.02 101 4631404 97.02 PBP-IRRIGATION WIRE 194.04 101 4631404 194.04 862.07 862.07
7438759 11141 SRK CONSULTING LLC HOUSING CONSULTING SERVICES 7,500.00 306 4792301 7,500.00 7438760 11482 STC TRAFFIC, INC RFQ769-22 TRAFFIC CALMING 5,605.00 101 4649771 1,121.00 261 4649771 4,484.00
5,605.00 5,605.00
7438761 11562 SUBSTRATA LLC SOIL STABILIZER ENZYME 4,676.00 101 2175000 (470.89) 101 4752408 5,146.89
4,676.00 4,676.00
7438762 A6479 TAFT ELECTRIC COMPANY 05/02/23 ELECTRICAL SVCS 2,799.36 203 4754460 2,799.36 05/09/23 ELECTRICAL SVCS 2,690.08 203 4754460 2,690.08 05/10/23 ELECTRICAL SVCS 3,845.95 203 4754460 3,845.95 9,335.39 9,335.39
7438763 03610 TAYLOR COMMUNICATIONS INC CHECK STOCK-9850B 1,883.89 101 4410253 1,883.89 7438764 08177 TEKWERKS 06/23-REMOTE MONITORING 1,995.00 112 4315302 1,995.00 7438765 09316 TEKWERKS INTERNET 06/23-INTERNET/FIBER SVC 4,214.00 112 4315651 4,214.00 7438766 11364 THE SAUCE CREATIVE SVCS CORP 2023 FILM BROCHURE 3,750.00 101 4601308 3,750.00 7438767 2003 TIP TOP ARBORISTS, INC 01/23-TREE REMOVAL/TRIM/INSTLL 8,715.00 101 4630460 8,715.00 MLS-TREE REMOVAL 367.50 207 4633404 367.50 MTNC YD-TREE REMOVAL 929.25 101 4752460 929.25 MTNC YD-TREE REMOVAL 929.25 101 4752460 929.25 MTNC YD-TREE REMOVAL 929.25 101 4752460 929.25 MTNC YD-TREE REMOVAL 1,417.50 101 4752460 1,417.50 MTNC YD-TREE REMOVAL 420.00 101 4752460 420.00 MTNC YD-TREE REMOVAL 420.00 101 4752460 420.00 14,127.75 14,127.75
7438768 10638 TITAN WATER TECHNOLOGY INC 04/23-CH-CHILLER SERVICE 569.25 101 4633301 569.25 05/23-CH-CHILLER SERVICE 569.25 101 4633301 569.25 1,138.50 1,138.50
7438769 05185 TRAFFIC & PARKING CONTROL CO SOLAR PANEL REPLACEMENT 2,380.00 203 4754460 2,380.00 7438770 02977 TURBO DATA SYSTEMS INC 05/23-ADMIN CITATIONS 3,187.55 101 4245301 3,187.55 7438771 04679 TURF STAR EQ5839-WELDMENT FAN ASSMBLY 1,438.17 111 4753207 1,438.17 7438772 09947 TYLER TECHNOLOGIES INC IMP REMOTE-FIN 5,920.00 112 4315301 5,920.00 7438773 D3265 ULINE PARCS-WINDPRO SNAP EDGE SIGN 1,272.86 101 4643251 1,272.86 PARCS-DIGITAL FLOOR SAFE 1,492.43 101 4643251 1,492.43 2,765.29 2,765.29
7438774 A2124 UNDERGROUND SERVICE ALERT/SC CA STATE FEE FOR REGLTRY COSTS 145.79 484 4755311 145.79 05/23-TICKETS(542) 958.50 484 4755301 958.50 1,104.29 1,104.29
7438775 09590 VIVINT INC PS-SMRT HM SVC-05/25-06/24/23 73.53 101 4820301 73.53 7438776 04496 VULCAN MATERIAL WESTERN DIV COLD MIX 135.78 203 4752410 135.78 COLD MIX 177.83 203 4752410 177.83
COLD MIX 167.32 203 4752410 167.32
480.93 480.93
7438777 06209 WAGEWORKS 05/23-FSA ADMIN FEES 584.55 101 2170213 584.55 7438778 31026 WAXIE SANITARY SUPPLY CH-JANITORIAL SUPPLIES 297.17 101 4633406 297.17 7438779 11286 NATIONWIDE CONTRACTING SERVICE CP23020-LANC HEALTH DSTRCT 401,394.00 150 2100003 (21,126.00) 209 15ST058924 422,520.00
401,394.00 401,394.00
7438780 03154 SO CA EDISON 04/01/23-04/30/23 ELECTRIC SVC 179,413.56 483 4754660 179,413.56 7438781 A7061 C A RASMUSSEN, INC CP21012-AVE J INTERCHANGE IMPR 288,984.43 150 2100003 288,984.43 7438782 C7946 L A CO DEPT ANIMAL CARE&CONTRL 04/23-HOUSING COSTS 142,632.52 101 4820363 142,632.52 7438783 05238 L V H ENTERTAINMENT SYSTEMS LPAC-LIGHTING IMPROVEMENTS 63,998.52 101 11BS022924 18,835.50 213 11BS022924 37,168.97
226 11BS022924 161.30
227 11BS022924 5,340.75
228 11BS022924 2,492.00
63,998.52 63,998.52
7438784 09160 ST. FRANCIS ELECTRIC, LLC 02/23-SL&TS MAINTENANCE 24,226.50 483 4754460 6,510.63 483 4754660 17,715.87

Page 98 of 99 ends

City of Lancaster Check Register
From Check No.: 7434642 - To Check No.: 7438785
Printed: 6/9/2023 9:16 From Check Date: 05/21/23 - To Check Date: 06/10/23 Check No Supplier Supplier Name Invoice Description Invoice Amt Charge Code GL Amount 02/23-SL&TS MAINTENANCE 15,050.00 203 4754461 15,050.00 02/23-SL&TS MAINTENANCE 2,150.00 203 4754459 2,150.00 02/23-SL&TS MAINTENANCE 5,049.25 203 4754461 5,049.25 02/23-SL&TS MAINTENANCE 99.50 203 4754459 99.50 03/23-SL&TS MAINTENANCE 24,226.50 483 4754460 9,448.33 483 4754660 14,778.17
03/23-SL&TS MAINTENANCE 17,200.00 203 4754461 17,200.00 03/23-SL&TS MAINTENANCE 4,300.00 203 4754459 4,300.00 03/23-SL&TS MAINTENANCE 3,555.25 203 4754460 201.00 203 4754461 3,354.25
03/23-SL&TS MAINTENANCE 299.50 203 4754459 299.50 03/23-SL&TS MAINTENANCE 99.50 203 4754459 99.50 04/23-SL&TS MAINTENANCE 24,226.50 483 4754460 8,479.27 483 4754660 15,747.23
04/23-SL&TS MAINTENANCE 27,950.00 203 4754461 27,950.00 04/23-SL&TS MAINTENANCE 6,500.00 483 4754460 6,500.00 04/23-SL&TS MAINTENANCE 6,500.00 483 4754460 6,500.00 04/23-SL&TS MAINTENANCE 6,500.00 483 4754460 6,500.00 04/23-SL&TS MAINTENANCE 809.50 203 4754460 809.50 04/23-SL&TS MAINTENANCE 4,383.50 203 4754460 132.50 203 4754461 4,251.00
04/23-SL&TS MAINTENANCE 465.50 203 4754459 465.50 173,591.00 173,591.00
7438785 C2434 VINSA INSURANCE ASSOCIATES SEWER 23/24 RENWAL-FULL PYMNT 153,549.30 101 4230260 153,549.30 EXCSS SEWER $10M EFFCT 5/30/23 108,180.00 113 4230260 108,180.00 261,729.30 261,729.30
Chk Count 4144 Check Report Total 7,730,524.29

Page 99 of 99 ends

STAFF REPORT
City of Lancaster
CC 4
6/27/2023
JC
Date: June 27, 2023
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Rodrick Armalin, Public Safety Director
Subject:Designating City Officials Authorized to File Application(s) to the State of California Highway Patrol to Obtain Financial Assistance Relating to Impaired Driving and Increase Public Awareness.

Recommendation:

Adopt Resolution No. 23-42, designating those officials authorized to file application(s) to the California Highway Patrol to obtain certain state financial assistance.

Fiscal Impact:

None.

Background:

The Impaired Driving Program is a comprehensive initiative from the Public Safety Department of California, designed to address the dangers of impaired driving caused by the use of drugs and alcohol, including cannabis. The program is funded by the California Highway Patrol grant named "The Cannabis Tax Fund Grant Opportunity 2023," with a performance period starting on July 1, 2023, through June 30, 2024.

The goal of the program is to educate the entire multigenerational population about the dangers of impaired driving and the potential consequences of driving while under the influence of drugs and/or alcohol. The program will include educational courses and awareness campaigns aimed at reaching people of all ages and backgrounds, from teenagers to senior citizens.

The educational courses will cover a range of topics related to impaired driving, including the effects of drugs and alcohol on driving performance, the legal consequences of impaired driving, and strategies for avoiding impaired driving. The courses will be developed in collaboration with experts in the field of drug impairment and will be tailored to the needs of different age groups.
1 3
1 8
In addition to educational courses, the program will also include a series of awareness campaigns aimed at raising awareness about the dangers of impaired driving. These campaigns will use a variety of media, including social media, billboards, personal interactions at city social events, and print, to reach a wide audience and encourage safe driving practices.

Overall, the Impaired Driving Program is an important initiative aimed at reducing the number of impaired driving incidents on Lancaster’s roads. By providing education and awareness campaigns for the entire multigenerational population, the program has the potential to make a significant impact on public safety and reduce the number of injuries and fatalities caused by impaired driving.

If the City of Lancaster is awarded the grant, the division of Public Safety Department will receive total funds of $282,000.00.

The City agents designated by title include the City Manager or his designee to authorized and empowered to execute the California Highway Patrol’s grant agreement.

Attachment:

Resolution No. 23-42
RESOLUTION NO. 23-42

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, AUTHORIZING SUBMITTAL

OF THE APPLICATION(S) FOR ALL CALIFORNIA HIGHWAY

PATROL GRANTS FOR WHICH THE CITY OF LANCASTER

IS ELIGIBLE
WHEREAS, pursuant to Revenue and Taxation Code Section 34019(f)(3)(B), the California Highway Patrol (CHP) is authorized to administer grant programs (grants) in furtherance of the State of California's (state) efforts to reduce impaired driving crashes, increase public awareness surrounding the dangers of impaired driving, and making California’s roadways a safer place to travel; and
WHEREAS, in furtherance of this authority CHP is required to establish procedures governing the application, award, and management of the grants; and WHEREAS, CHP grant application procedures require, among other things, applicant's governing body declare by resolution certain authorizations related the administration of CHP grants; and
WHEREAS, the City of Lancaster desires to secure grant funding for programs to reduce impaired driving crashes, increase public awareness surrounding the dangers of impaired driving, and making California’s roadways a safer place to travel.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LANCASTER AS FOLLOWS:

Section 1. The City Council of the City of Lancaster authorizes the submittal of application(s) to California Highway Patrol for all grants for which the City of Lancaster is eligible; and
Section 2. The City Manager or his designee is hereby authorized and empowered to execute in the name of the City of Lancaster a grant agreement with the California Highway Patrol in the amount of $282,000.00.

Resolution No. 23-42

Page 2 ends

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PASSED, APPROVED, and ADOPTED this 27th day of June, 2023, by the following vote:

AYES:

NOES:

ABTAIN:

ABSENT:

ATTEST: APPROVED:
_______________________________ ______________________________ ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF LANCASTER )

CERTIFICATION OF RESOLUTION

CITY OF LANCASTER
I, ________________________, ________________________ City of Lancaster, California, do hereby, certify that this is a true and correct copy of the original Resolution No. 23-42, for which the original is on file in my office.

WITNESS MY HAND AND THE SEAL OF THE CITY OF LANCASTER, on this__________ day of _______________, _____.
(seal)
________________________________________

STAFF REPORT
City of Lancaster
CC 5
6/27/2023
JC
Date: June 27, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Sheila Niebla, Senior Engineer – City Engineering
Subject: Construction Award of Bid – PWCP 22-011 – 2022 Annual Thermoplastic Refresh Program
Recommendations:

1. Award PWCP 22-011, 2022 Annual Thermoplastic Refresh Program, to Sterndahl Enterprises, LLC of Sun Valley, California, in the amount of $790,579.45 including Base Bid plus Additive Alternate Bid Items, as follows:
•Base Bid in the amount of $496,378.50,
•Additive Alternate 1 (AA1) in the amount of $69,884.15, •Additive Alternate 2 (AA2) in the amount of $65,595.55, •Additive Alternate 3 (AA3) in the amount of $71,056.25, •Additive Alternate 4 (AA4) in the amount of $60,421.00, •Additive Alternate 5 (AA5) in the amount of $27,244.00.

Plus, a 20% contingency to refresh existing fading long line striping along various roadway segments throughout the City (totaling approximately twenty-one (21) roadway miles) with thermoplastic paint, and to install retroreflective pavement markers and signage. Authorize the City Manager, or his designee, to sign all documents. This contract was negotiated and awarded per California Public Contract Code Section 22038(c).

2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on December 13, 2022.

Fiscal Impact:
$948,695.34 (including 20% contingency) to be awarded; sufficient funds are available in Capital Improvements Budget Account Numbers 206-15ST080-924, 208-15ST080-924, 210-15ST080- 924, and 232-15ST080-924.

Background:
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The proposed project is a maintenance effort to refresh approximately twenty-one (21) roadway miles of fading long line striping throughout the City. Thermoplastic traffic paint will be used because it lasts much longer than the alternative and is more visible to the driver, creating safer roadways in the City. Locations were prioritized based on the age of existing striping and traffic volumes.

The proposed project locations are:
•17th Street West – Avenue K to Avenue K-8
•15th Street East – Avenue J to Avenue K-8
•32nd Street West – Lancaster Boulevard to Avenue J-12
•Lancaster Boulevard – Division Street to Challenger Way •25th Street West – Lancaster Boulevard to Avenue J
•Lancaster Boulevard – 35th Street West to 30th Street West •35th Street West – Lancaster Boulevard to Avenue J-12
•45th Street West – Avenue J to Avenue K
•15th Street West – 17th Street West to Avenue K-8
•Avenue J-8 – 27th Street East to 40th Street East
•Avenue K-8 – 30th Street East to 35th Street East
•Avenue K-8 – 5th Street East to 20th Street East
•20th Street East – Avenue K to Avenue K-8
•Avenue J-8 – 22nd Street East to 25th Street East
•25th Street East – Avenue J-8 to Avenue K-4
•25th Street East – Avenue I to Avenue J-2
•65th Street East – Avenue L to Avenue L-8
•Additive Alternate 1: Sierra Highway – Avenue G to Avenue I •Additive Alternate 2: 20th Street West – Avenue H to Avenue I •Additive Alternate 3: Avenue L-8 – 40th Street West to 26th Street West •Additive Alternate 4: Avenue L-8 – 67th Street West to 52nd Street West •Additive Alternate 5: 35th Street West – Avenue K-8 to Avenue L Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 22-011 contract documents were prepared, and the project was advertised accordingly. Per Section

2.6(b) of the CWA, Letters of Assent shall be submitted by the Contractor and each of its subcontractors, of whatever tier, forty-eight (48) hours prior to commencement of work, or within forty-eight (48) hours after the award of Project Work to that Contractor (or subcontractor), whichever occurs later.

On Tuesday, May 23, 2023, at 11:00 a.m., the City conducted an electronic bid opening for PWCP 22-011 via Planet Bids. No responsive bids were received. A Notice of Cancellation was issued by the City, and staff proceeded to solicit a bid by negotiation per California Public Contract Code Section 22038(c).

SN:DL/km
Attachments:
1 3
0 1
Notice of Cancellation
Project Area Map

CITY OF LANCASTER, CA

NOTICE OF CANCELLATION

PUBLIC WORKS CONSTRUCTION PROJECT NO. 22-011
2022 ANNUAL THERMOPLASTIC

REFRESH PROGRAM

May 23, 2023

The informal bid solicitation process for PUBLIC WORKS CONSTRUCTION PROJECT NO. 22-011 2022 ANNUAL THERMOPLASTIC REFRESH PROGRAM has been cancelled due to not receiving any responsive bids.

Since no responsive bids have been received, the City intends to award an agreement as per Public Contract Code § 22038 (c).

SHEILA NIEBLA
R.C.E. 68669

CITY OF LANCASTER

35TH ST W
AVE
J-8
20TH
ST E
65TH ST W

LANCASTER BLVD
17TH ST W
K-8
2 5
T
H
S
T
W
1 5
T
H
S
T
W
45TH ST W
20TH ST W

LANCASTER
BLVD
25TH ST E
32nd ST W35TH ST W AVE J-8
AVE L-8
15 ST E
AVE K-8
AVE J-8

SIERRA HWY
30TH ST E
County of Los Angeles, California State Parks, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Bureau of Land Management, EPA, NPS, USDA, Esri, NASA, NGA, USGS, FEMA, City of Lancaster
City of Lancaster
Project Area Map
Legend
Project Locations
Additive Alternate 0 1 2 30.5
Miles
¯
Created: 04/20/23
W:\Pro_Projects\Misc_Req\MapReq_230224\MapReq_230224.aprx

STAFF REPORT
City of Lancaster
CC 6
6/27/2023
JC
Date: June 27, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Sheila Niebla, Senior Engineer – City Engineering
Subject: Construction Award of Bid – PWCP 23-011 – 35th Street West Improvements (Phase 1) STPL 5419(062)
Recommendations:

1. Award PWCP 23-011, 35th Street West Improvements (Phase 1) STPL 5419(062), to R.C.

Becker & Son, Inc., of Santa Clarita, California, in the amount of $1,012,428.05, plus a 20% contingency, to construct street improvements and install landscape and irrigation along the west side of 35th Street West from Avenue L to 700 feet south of Avenue K-8. Authorize the City Manager, or his designee, to sign all documents. This contract is awarded to the lowest responsible bidder per California Public Contract Code Section 22038 (b).

2. Find that the City has complied with the California Environmental Quality Act. A Notice of Exemption was filed on May 26, 2023.

3. Recognize revenue of $1,120,378.03 to Revenue Account Number 323-3350-100 from the State of California, Department of Transportation (Caltrans) Surface Transportation Program (STP-L). Appropriate $437,478.03 to Account Number 323-15ST082-924.

Fiscal Impact:
$1,214,913.66 (including 20% contingency) to be awarded; sufficient funds are available in Capital Improvements Budget Account Numbers 203-15ST082-924, 209-15ST082-924, 211 15ST082-924, 232-15ST082-924, and 323-15ST082-924.

Background:

The proposed project is funded by the State of California, Department of Transportation (Caltrans) Surface Transportation Program Local (STP-L) funds and local matching funds.

The proposed project on the west side of 35th Street West from Avenue L to 700 feet south of Avenue K-8 will include rehabilitation of 0.75 lane miles of existing pavement; re-construction of existing curb and gutter, sidewalk, and ADA curb ramps; traffic signing, striping, and markings:
1 3
0 2
and installation of enhanced landscaping beautification improvements. The project will add 16 additional parking spaces south of Prime Desert Woodlands Preserve (PDWP) that can be utilized by park visitors.

Per Section 2.2 of the Existing Community Workforce Agreement (“CWA”), this project is subject to the CWA by and between the City of Lancaster and Los Angeles/Orange Counties Building and Construction Trades Council, and the Signatory Craft Councils and Unions (“CWA”). The PWCP 23-011 contract documents were prepared, and the project was advertised accordingly. Per Section

On May 23, 2023, at 11:00 a.m., the City conducted an electronic bid opening for PWCP 23-011, 35th Street West Improvements (Phase 1) STPL 5419(062), via Planet Bids. Three (3) bids were received. The bids were as follows:

Contractor City Bid Amounts

1. R.C. Becker & Son, Inc. Santa Clarita, CA $ 1,012,428.05

2. Granite Construction Company Lancaster, CA $ 1,037,438.00

3. C.A. Rasmussen, Inc. Valencia, CA $ 1,087,260.85 Engineer’s Estimate $ 873,735.49
SN:FL/km
Attachment:

Vicinity Map

PWCP 23‐011 35th St West Street Improvements (PHASE 1)
STPL‐5419(062)
VICINITY MAP

STAFF REPORT
City of Lancaster
CC 7
6/27/2023
JC
Date: June 27, 2023
To: Mayor Parris and City Council Members
From: Marissa Diaz, Director – Public Works
Michael Livingston, Manager- City Engineering
Subject: Approval of Change Orders – PWCP 21-011, SR-138 (SR-14) Avenue K Interchange Improvements Phase 1 Recycled Water Line
Recommendation:

Approve Change Order No. 7 and Change Order No. 8, and increase the total amount of the contract with Ferreira Construction Company, Inc., of Rancho Cucamonga, California, for Public Works Construction Project 21-011, SR-138 (SR-14) Avenue K Interchange Improvements Phase I Recycled Waterline, by $116,484.79 for a total revised contract amount of $2,899,757.59.

Fiscal Impact:

This project was awarded in the amount of $2,783,272.80, which includes a 10% contingency.

Change orders totaling $369,509.59 have brought the total contact cost to $2,899,757.59; sufficient funds are available in Capital Improvements Budget Account Number 210-15BR004-924.

Background:

This project is Phase 1 of the SR-138 (SR-14) Avenue K Interchange Improvements. The project proposes to construct a recycled water line on Avenue K from 15 th Street West to 10 th Street West. The proposed project is funded with a Los Angeles County Metropolitan Transportation Authority (LACMTA) grant with Measure R Highway Program funds. During the course of construction, the Contractor encountered several utility issues that required immediate changes that were not directly reflected on the project plans. This caused both a loss and delay in time. This triggered several changes in the items of work, as well as an increase in extra work, resulting in costs and time impacts on the project. The contractor provided a time impact analysis for the completion of the work. The cost per day was calculated utilizing the Eichleay Formula.

ML/km
Attachments:

Change Order 7
Change Order 8

CITY OF LANCASTER
CHANGE ORDER NO. 7 PWCP NO. 21-011
TITLE: 21-011 – SR-138 (SR-14) Avenue K Interchange Improvements, Sheet 1 of 3 Phase I Recycled Water Line
DESCRIPTION OF WORK OR CHANGE:

Item 7.1 : The City of Lancaster shall decrease bid Item 9 because this work was not required to be installed in the field. In accordance with Section 7-3.5.3, Decreases of More Than 25 Percent, of the 2021 Greenbook, for this item, the City shall accept the total price as indicated in Table 7.1. The contractor has agreed to the contract unit cost for this underrun. This sum constitutes full and complete compensation for providing all labor, material, equipment, tools, and incidentals, and includes all markups by reason of this change. A determination of delay in the completion of the contract due to the work specified by this change order has been made in accordance with the provisions of Section 6-4, Delays and Extensions of Time, of the Standard Specifications for Public Works Construction. The Contractor shall be granted zero (0) calendar days.

Bid Item Unit Price $ Estimated
Quantity
Actual
Quantity Unit Underage Total $
Decrease
9 $31,700.00 4 1 EA (3) ($95,100.00)
The contract line item shall be shown as paid out in full for the base contract on the pay request, eliminated with this change order and re-invoiced per the final pay quantities as indicated in Table 7.1. Per this change order the final pay quantity for these line items have been reestablished as:

Table 7.1
Item Description Quantity Unit Unit Cost Total
9R 6” Combination Air-Release and
Vacuum Valve Assembly
1 EA $31,700.00 $31,700.00
Item 7.2: The City of Lancaster is required to pay for materials under section 7-4.2.2, Materials, of the 2021 Greenbook, because these were purchased and delivered prior to the reduction of Bid Item 9. These items were ordered in advance by the Contractor prior to the reduction and they have provided invoicing and backup for these materials in the amount of $56,655.78. The contractor shall deliver material to the Lancaster Maintenance Yard. In accordance with section 7-4.2.2, Materials (Payment for Extra Work), of the 2021 Greenbook, for this item, the City shall pay a total price of $56,655.78. The contractor has agreed to the lump sum price for this item. This sum constitutes full and complete compensation for providing all labor, material, equipment, tools, and incidentals, and includes all markups by reason of this change.

A determination of delay in the completion of the contract due to the work specified by this change order has been made in accordance with the provisions of Section 6-4, Delays and Extensions of Time, of the Standard Specifications for Public Works Construction. The Contractor shall be granted zero (0) calendar days.

Item 7.3: The City of Lancaster requested the installation of a 4” Flush -out and 6” Combination Air- Release and Vacuum Valve Assembly approximately 100’ south of Avenue K along the west side of 13th Street West. The locati on change require d
extra work to be comple ted which was tracked on time and material. In accordance with section 7-3.7, Agreed Prices, of the 2021 Greenbook, for this item, the City shall pay an agreed price of $124,963.47. The contractor has agreed to the lump sum price for this ite m. This sum constit utes full a nd complete compensati on for providing all labor , material, equipment, tools, and incidentals, and includes all markups by reason of this change. A determination of delay in the completion of the contract due to the work specified by this change order has been made in CHANGE ORDER NO. 7
TITLE: 21-011 – SR-138 (SR-14) Avenue K Interchange Improvements, PWCP NO. 21-011
Sheet 2 of 3
Phase I Recycled Water Line
accordance with the provisions of Section 6 -4, Delays and Extensions of Time, of the Standard Specifications for Public Works Construction. The Contractor shall be granted zero (0) calendar days.

Item 7.4: The City of Lancaster shall decrease bid items 4, 6, 16, and 18 because this work was not required to be installed in the field. In accordance with Section 7-3.5.1, General (Contract Unit Prices), of the 2021 Greenbook, for these items, the City shall accept the total price as indicated in Table 7.4. The contractor has agreed to the contract unit cost for this underrun. This sum constitutes full and complete compensation for providing all labor, material, equipment, tools, and incidentals, and includes all markups by reason of this change. A determination of delay in the completion of the contract due to the work specified by this change order has been made in accordance with the provisions of Section 6-4, Delays and Extensions of Time, of the Standard Specifications for Public Works Construction. The Contractor shall be granted zero (0) calendar days.

Bid
Item Unit Price $ Estimated
Quantity
Actual
Quantity Unit Underage Total $
Decrease
4 $20.00 2,000 1,998 LF (2) ($40.00)
6 $624.00 2,000 1,998 LF (2) ($1,248.00)
16 $2,325.00 70 67 LF (3) ($6,975.00)
18 $83.00 2000 1,998 LF (2) ($166.00)
Total ($8,429.00)
The contract line item shall be shown as paid out in full for the base contract on the pay request, eliminated with this change order and re-invoiced per the final pay quantities as indicated in Table 7.4. Per this change order the final pay quantity for these line items have been reestablished as:

Table 7.4
Item Description Quantity Unit Unit Cost Total
4R Removals and Excavations 1,998 LF $20.00 $39,960.00
6R Install 24” OD STL Pipe 0.375” Min
Wall, CMCL, Welded Joints
1,998 LF $624.00 $1,246,752.00
16R Install 36” Steel Sleeve Via
Trenchless Technology
67 LF $2,325.00 $155,775.00
18R Backfill and Pavement Restoration 1,998 LF $83.00 $165,834.00 Total Cost: $78,090.25
PO No. 22-00628
Days: 0 Days
Amount
Original Contract Amount $2,530,248.00
Previous Change Order Amounts $197,219.06
Original Contract Amount plus previous CO's $2,727,467.06 This CO $78,090.25
Total Contract Amount plus all CO's $2,805,557.31
CHANGE ORDER NO. 7
TITLE: 21-011 – SR-138 (SR-14) Avenue K Interchange Improvements, PWCP NO. 21-011
Sheet 3 of 3
Phase I Recycled Water Line
Submitted By: Date:

Michael C. Livingston, Manager – PW City Engineering
Approved By: Date:

Marissa Diaz, Director – Public Works
I/We, the undersigned contractor, gave careful consideration to the change proposed and hereby agree, as approved, that we will provide all labor, equipment, materials, except as may otherwise be noted above, and services necessary for the work above specified and full payment accepted therefor at the price(s) shown above, including any allowed time to the contract.

Accepted Date: Signature __________________________________________ Print Name __________________________________________
Title:

NOTE: If Contractor does not sign acceptance of this order, his attention is directed to the requirements of the specifications as to proceeding with the ordered work and filing a written protest within the time therein specified.

CITY OF LANCASTER
CHANGE ORDER NO. 8 P
WCP NO. 21-011
TITLE: 21-011 – SR-138 (SR-14) Avenue K Interchange Improvements, Sheet 1 of 2 Phase I Recycled Water Line
DESCRIPTION OF WORK OR CHANGE:

Item 8.1: The City of Lancaster and Ferreira Construction have agreed to an additional eighty-five (85) compensable days based on negotiated time impacts for changes th at were not foreseen in the original contract work. The City of Lancaster shall pay for extra work because this work was required to be installed in th e field. In accordance with Section 2-8, Extra Work and 7-3.7, Agreed Prices, of the 2021 Greenbook, for this item, the City shall accept the total price of $116,925.48. The contractor has agreed to th e lump sum price for this item. This sum constitutes full and complete compensation f or providing all labor, material, equipment, tools, and in cidentals, and includes all markups by reason of this change. A determination of delay in the completion of the co ntract due to the work specified by this change order has been made in accor dance with the provision s of Section 6- 4, Delays and Extensions of Time, of the Standard Specifications for Pu blic Works Constructio n. The Contractor shall be granted eighty-five (85) calendar days.

Item 8.2: The City of Lancaster shall receive a credit of ($15,000.00) because chlorination and bacteria testing was not required on the recycled water line. In addition, Ferreira Construction shall credit ($7,725.20) to the City for the use of City forces to de-water the line on February 9, 2023 and February 15, 2023. The City and the Contractor have agreed to decrease bid item 2 to reflect these credits. In accordance with Section 7-3.5.1, General (Contract Unit Prices), of the 2021 Greenbook, for these items, the City shall accept the total price as indicated in Table 8.2. The contractor has agreed to the contract unit cost for this under run. This sum constitutes full and complete comp ensation for providing all labor, material, equipment, tools, and incidentals, and includes all markups by reason of this change. A determination of delay in the completion of the contract due to the wo rk specified by th is change order has been made in accordance with the pr ovisions of Section 6-4, Delays and Extensions of Time, of the Standard Specifications for Public Works Construction. The Contractor shall be granted zero (0) calendar days.

Bid Item Unit Price $ Estimated
Quantity
Actual
Quantity Unit Underage Total $
Decrease
2 $126,530.00 1 0.820396744 LS (0.179603256) ($22,725.20) The contract line item shall be shown as paid ou
t in full for the base contract on the pay request, eliminated with this change order and re-invoiced per the final pay quantities as indicated in Table 8.2. Per this change order the final pay quantity for these line items have been reestablished as:

Table 8.1
Item Description Quantity Unit Unit Cost Total
2R MOBILIZATION/ DEMOBILIZATION 0.820396744 LS $126,530.00 $103,804.80 Total Cost: $94,200.48
PO No. 22-00628
Days: 85 Days
Amount

CHANGE ORDER NO. 8 PWCP NO. 21-011

TITLE: 21-011 – SR-138 (SR-14) Avenue K Interchange Improvements, Sheet 2 of 2 Phase I Recycled Water Line

Original Contract Amount $2,530,248.00
Previous Change Order Amounts $275,309.31
Original Contract Amount plus previous CO's $2,805,557.31 This CO $94,200.28
Total Contract Amount plus all CO's $2,899,757.59

Submitted By: Date:

Michael C. Livingston, Manager – PW City Engineering

A p p r o v e d B y : D a t e :

Marissa Diaz, Director – Public Works

I/We, the undersigned contractor, gave careful consideration to the change proposed and hereby agree, as approved, that we will provide all labor, equipment, materials, except as may otherwise be noted above, and services necessary for the work above specified and full payment accepted therefor at the price(s) shown above, including any allowed time to the contract.

Accepted Date: Signature __________________________________________

Print Name __________________________________________

Title:

STAFF REPORT
City of Lancaster
CC 8
6/27/2023
JC
Date:June 27, 2023
To: Mayor Parris and City Council Members
From:Larissa De La Cruz, Director – Community Development Gabe Nevarez, Asst. Director – Beautification and Special Districts Travis Lange, Supervisor – Beautification and Special Districts Subject:Agreement for SB1383 Consulting Services with Go2Zero Strategies Recommendations:

1. Approve Agreement for Professional Services with Go2Zero Strategies for an amount not to exceed $124,630 for SB1383 Consulting Services.

2. Authorize the City Manager, or his designee, to sign all documents.

Fiscal Impact:
$124,630 for completion of services as listed in agreement. Sufficient funds for these services are included in the FY 2022-2023 budget in account 101-4754-301 and FY 2023-2024 in account 101- 27000-5710.

Background:

The City is in the process of implementing programs to maintain compliance with SB1383 including but not limited to site visits with edible food generators to make sure they are creating contracts with local non-profit organizations and providing them with food donations. Go2Zero Strategies has been spearheading this effort. In addition, they are completing the initial round of waiver consideration for local businesses. This task is essential for maintaining compliance while balancing efforts to help businesses who have operations that do not fall under the State requirements. The partnership with Go2Zero Strategies has existed for over two (2) years and it is vital we maintain consistency especially in light of January 1, 2024 being the deadline for starting enforcement actions against violators of SB1383. As a result, a sole source agreement was written to be able to maintain the services of Go2Zero Strategies moving forward. Any change in the partnership would require a significant delay in compliance efforts especially during the time of year when the Electronic Annual Report is being addressed. This report is an important part of the State’s assessment of the City’s programs and this year’s criteria is completely different from prior reports.

Attachment:

Go2Zero Strategies_SB1383 Consulting Services 2023
Rev 1/2019

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES

THIS AGREEMENT FOR CONS ULTING SERVICES (this “AGREEMENT”) is made and entered into this 2 day of June, 2023, by and between the CITY OF LANCASTER, a municipal corporation and charter city (the “OWNER”), and Go2Zero Strategies (the “CONSULTANT”).

RECITALS

WHEREAS, OWNER desires to engage CONSULTANT to pe rform certain technical and professional services, as provided herein, identified as:

SB1383 CONSULTING SERVICES

WHEREAS, the principal members of CONSULTANT are qualified and duly registered/licensed under the laws of the State of California, and CONSULTANT desires to accept such engagement.

NOW, THEREFORE, the parties agree as follows:

1. Parties.

The parties to this AGREEMENT are:

A. OWNER: City of Lancaster.

B. CONSULTANT: Go2Zero Strategies

2. Notices. All written notices required by or related to this AGREEMENT shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this AGREEMENT shall refuse to accept such mail; parties to this AGREEMENT shall promptly inform the other party of any changes of address. All notices required by this AGREEMENT are effective on the day of receipt, unless otherwise indicated herein.

OWNER Jason Caudle, City Manager
City of Lancaster
44933 North Fern Avenue
Lancaster, California 93534

CONSULTANT Judi Gregory, Owner
Go2Zero Strategies
6625 N Calle Eva Miranda, Suite A,
Irwindale, CA 91702

3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.

Rev 1/2019

4. Incorporation by Reference. The CONSULTANT’S Proposal is hereby incorporated in and made a part of this AGREEMENT. CONSULTANT agrees to comply with all of the requirements set forth therein.

5. Precedence of AGREEMENT Documents . If there is a conflict between AGREEMENT documents, the document highest in precedence shall control. The precedence shall be:

First: This AGREEMENT
Second: The CONSULTANT’S Proposal

6. Description of Work. OWNER hereby engages CONSULTANT, and CONSULTANT accepts such engagement, to perform the technical and professional services set forth in the “Scope of Services” attached hereto as Exhibit “A”. CO NSULTANT shall perform and complete, in a manner satisfactory to OWNER, all work and services set fort h in the Scope of Services. The City Manager or his or her designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his or her designee.

7. Obligations of the OWNER.

A. The total compensation to be paid by OWNER to CONSULTANT for all work and services described in the Scope of Services is not to exceed $124,630.00. CONSULTANT’S fees and charges for the work and services performed shall in no event exceed those set forth in Exhibit “A” attached hereto and made a part hereof.

B. No payment made hereunder by OWNER to CONSULTANT, other than the final payment, shall be construed as an acceptance by OWNER of any work or materials, nor as evidence of satisfactory performance by CONSULTANT of its obligations under this AGREEMENT.

8. Obligations of the CONSULTANT.

A. CONSULTANT shall perform as required by this AGREEMENT.

CONSULTANT also warrants on behalf of itself and all subcontractors engaged for the performance of this AGREEMENT.

B. CONSULTANT shall be responsibl e for payment of all employees' and subcontractor's wages and benefits, and shall comp ly with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security.

9. Payment of Prevailing Wage.

A. The State of California, Department of I ndustrial Relations, has ascertained the general prevailing rate of wages and employer payments for health and welfare, vacation, pension, and similar purposes applicable to the work to be done. These rates shall be the minimum wage rates for this project.

These rates are on file with the OWNER and copies wi ll be made available to any interested party upon request.

Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and Section 1777.6 of the Labor Code c oncerning the employment of a pprentices by the CONSULTANT or any subcontractor under him.

Rev 1/2019
Section 1777.5, as amended, requires the CONSULTANT or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval.

The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except:

(A) When unemployment in the area of covera ge by the joint apprenticeship committee has exceeded an average of 15% in the 90 days prior to the request for certificate; or

(B) When the number of apprentices in training in the area exceeds a ratio of one to five; or

(C) When the trade can show that it is re placing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or

(D) When the CONSULTANT provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The CONSULTANT is required to ma ke contributions to funds establ ished for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.

The CONSULTANT and any subcontractor under them shall comply with the requirements of Section 1777.5 and Section 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex offici o the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

B. The provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of CONSU LTANT for personnel to perform any services under this AGREEMENT. OWNER shall have access to a ll documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with th e Prevailing Wage provisions of this Section.

10. Audit. OWNER shall have the option of inspecting and/or auditing all records and other written materials used by CONSULTANT in preparing its statements to OWNER as a condition precedent to any payment to CONSULTANT.

11. Hold Harmless and Indemnification . CONSULTANT agrees to indemnify and hold harmless the OWNER, its officers and employees, from and against any and all claims, losses, obligations, or liabilities whatsoever, including reasonable Attorney’s fees, incurred in or in any manner arising out of or related to CONSULTANT’S negligent or willful wr ongful acts, errors or omissions, or those of its employees or agents. CONSULTANT agrees to defend OWNER, it elected officials, officers, employees, and volunteers, from and against any and all claims arising from any a lleged negligent or wrongful acts, errors or omissions on the part of CONSULTANT or on the part of its employees.

12. Amendments. Any amendment, modification, or variation from the terms of this AGREEMENT shall be in writing and shall be eff ective only upon mutual written approval by the City Manager, or his or her designee, and CONSULTANT.

13. Non-Discrimination and Equal Employment Opportunity.

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A. In the performance of this AGREEMEN T, CONSULTANT shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, national origin, physical or mental disability or age. CONSULTANT will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

B. The provisions of subsection A above sh all be included in all solicitations or advertisements placed by or on behalf of CONSU LTANT for personnel to perform any services under this AGREEMENT. OWNER shall have access to a ll documents, data and records of CONSULTANT and its subcontractors for purposes of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section.

14. Termination for Convenience . The governing board of the OWNER may terminate this AGREEMENT at any time without cause by giving fifteen (15) days written notice to CONSULTANT of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall, at the option of OWNER, become the OWNER's property. If this AGREEMENT is terminated by OWNER as provided herein, CONSULTANT will be paid a total amount equal to its costs as of the termination date, plus ten percent (10%) of that amount for profit. In no event shall the amount payable upon termination exceed the total maximum compensation provided for in this AGREEMENT.

15. Termination for Cause.

A. The governing board of the OWNER may, by written notice to CONSULTANT, terminate the whole or any part of this AGREEMENT in any of the following circumstances:

(1) If CONSULTANT fails to perfor m the services required by this AGREEMENT within the time specified herein or any authorized extension thereof; or

(2) If CONSULTANT fails to perform the services called for by this AGREEMENT or so fails to make progress as to endanger performance of this AGREEMENT in accordance with its terms, and in either of these circumstances does not correct such failure within a period of ten (10) days (or such longer period that OWNER may authorize in writing) after receipt of notice from OWNER specifying such failure.

B. In the event OWNER terminates this AGR EEMENT in whole or in part as provided above in paragraph A of this Section, OWNER may procure, upon such terms and in such manner as it may deem appropriate, services similar to those terminated.

C. If this AGREEMENT is terminated as provided above in paragraph A, OWNER may require CONSULTANT to provide all finished or unfinished documents, data, studies, drawings, maps, photographs, reports, etc., prepared by CONSULTANT. Upon such termination, CONSULTANT shall be paid an amount equal to the contract am ount, less the cost of hiri ng another CONSULTANT to complete CONSULTANT's services. In the event no new CONSULTANT is employed, CONSULTANT shall be paid an amount equal to th e value of the work performed. In ascertaining the value of the work performed up to the date of term ination, consideration shall be given to completed work and work in progress, complete and incomplete drawings, and ot her documents whether deli vered to OWNER or in possession of CONSULTANT, and authorized reimbursement expenses.

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D. If, after notice of termination of the AGREEMENT under the provisions of this Section, it is determined, for any reason, that CONSUL TANT was not in default, or that the default was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Section 14.

16. Independent Contractor. CONSULTANT is an independent contractor and shall have no power or authority to incur any de bt, obligation or liability on behalf of the OWNER. It is expressly understood between the parties to this AGREEMENT that no employee/employer relationship is intended; CONSULTANT is an independent contractor.

17. Insurance.

A. (1) The CONSULTANT, at its expense, shall maintain in e ffect at all times during the performance of work under this AGREEMENT not less than the following coverage and limits of insurance, which shall be maintained with insurers listed "A-, VIII" or better in the Best's Key Rating Guide:

Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
Including Products/Completed Operations
Including Contractual Liability/Independent Contractors Including Broad Form Property Damage

Commercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000

Workers Compensation
As Required by the State of California Statutory Limits

Employer’s Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000

Professional Liability
Each Occurrence $1,000,000
General Aggregate $1,000,000

B. For General Liability insurance shall be at least as broa d as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations. Commercial Auto coverage shall be at least as broad as ISO form CA00 01.

C. The CONSULTANT’s insurance shall a pply separately to ea ch insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

D. A Waiver of Subrogation must be provi ded on behalf of the Certificate Holder for the Workers Compensation/Employers Liability policies and a copy of the endorsement must accompany the certificate.

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E. Any deductibles or self-insurance rete ntions must be declared and approved by the OWNER. At the option of the OWNER, either the in surer shall reduce or eliminate such deductibles or self-insured retentions as resp ects the OWNER insured entities or the insurer sh all procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

F. All insurance shall be primary and non-contributory as respects the OWNER insured entities. Any insurance or self-insurance maintained by the OWNER insured entities shall be in excess of the CONSULTANT’S insurance and shall not contribute with it.

G. The coverage provided under this AGREEMENT shall not contain any special limitations on the scope of protection afforded to the OWNER insured entities.

H. Insurance provided and maintained by CONSULTANT must be placed with insurers with a rating of A-, VIII or better by Best’s Key Rating Guide, latest edition.

I. Insurance written on a “claims made” ba sis must be renewed for a period of five (5) years after this contract expires or is terminated. Such insu rance must have the same coverage and limits as the policy that was in effect during the te rm of this contract and will cover CONSULTANT for all claims made by the OWNER insured entities aris ing out of any acts or omissions of CONSULTANT or its officers, employees, or agents during the time this AGREEMENT was in effect.

J. CONSULTANT shall furnish the OWNER with Certificates of Insurance and with original endorsements effecting coverage requi red by this AGREEMENT. The certificates for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. All certificates and endorsements are to be received and approved by the OWNER before work commences.

The OWNER reserves the right to require complete, cert ified copies of all required insurance policies at any time.

K. Any failure to comply with reporti ng provisions of the polic ies shall not affect coverage provided to the OWNER insured entities.

L. Certificates of Insurance must be deposited with the OWNER for all coverage required by this AGREEMENT. Certificates shall meet the following requirements:

(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days prior written notice (10 days written notice for non-payment) by Certified Mail, return receipt requested to the OWNER.

(2) List in the “Descriptions of Oper ations/Locations/Vehicles/Special Items” section:

SB1383 CONSULTING SERVICES

City of Lancaster, its elected official s, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.

(3) List in the “Certificate Holder” section:

The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534.

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M. CONSULTANT shall include all subcont ractors as an insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. Subcontractors are subject to the same insurance requirements as the CONSULTANT.

N. The coverage shall contain no sp ecial limitations on the scope of protection afforded to the insured entities. The CONSULTANT’S insurance coverage shall be primary insurance as respects the OWNER’S insured entities.

18. Commencement and Completion of Work . The execution of this AGREEMENT by the parties does not constitute an authorization to proceed. The services of CONSULTANT shall commence when the OWNER, acting by and through its City Manager or his or her designee, has issued the Notice to Proceed.

CONSULTANT shall have no claim for compensation for any services or work which has not been authorized by the OWNER's Notice to Proceed.

19. Extension of Time for Completion of Work.

A. If, at any time, the work is delayed due to suspension order by OWNER, or due to any other cause which, in the reasonable opinion of the OWNER, is unforeseeable and beyond the control and not attributable to the fault or negligence of CONSULTANT, then CONSULTANT shall be entitled to an extension of time equal to said delay, subject to the OWNER's right to terminate this AGREEMENT pursuant to Section 14.

B. CONSULTANT shall submit to OWNER a written request for an extension of time within ten (10) days after commencement of such de lay, and failure to do so shall constitute a waiver thereof. OWNER shall, in its sole discretion, determine whether and to what extent any extensions of time shall be permitted.

C. No extension of time requested or granted hereunder shall entitle CONSULTANT to additional compensation unless, as a consequence of such extension, additional work must be performed. In such event, OWNER shall in good faith consider any request for additional compensation submitted by CONSULTANT.

20. Ownership of Documents. All plans, specifications, reports, studies, tracings, maps and other documents prepared or obtained by CONSULTANT in the course of performing the work required by this AGREEMENT shall be the pr operty of the OWNER. Basic survey notes, sketches, charts, computations and similar data prepared or obt ained by CONSULTANT under this AGREEMENT shall, upon request, be made available to OWNER without restriction or limitation on their use.

21. Data Provided to CONSULTANT. OWNER shall provide to CONSULTANT, without charge, all data, including reports, records, maps and other information, now in the OWNER's possession which may facilitate the timely performance of the work described in the Scope of Services.

22. CONSULTANT's Warranties and Representations . CONSULTANT warrants and represents to OWNER as follows:

A. CONSULTANT has not em ployed or retained any pers on or entity, other than a bona fide employee working exclusively for CONSULTANT, to solicit or obtain this AGREEMENT.

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B. CONSULTANT has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for CONSULTA NT, any fee, commissio n, percentage, gift, or any other consideration contingent upon or resulting from the ex ecution of this AGREEMENT. Upon any breach or violation of this warranty, OWNER shall have the right, in its sole discretion, to terminate this AGREEMENT without further lia bility, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. CONSULTANT has no knowledge that any officer or employee of the OWNER has any interest, whether contractua l, noncontractual, financial, prop rietary, or otherwise, in this transaction or in the business of the CONSULTANT, and that if any such interest comes to the knowledge of CONSULTANT at any time, a complete written disclosure of su ch interest will be made to OWNER, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws.

D. Upon the execution of this AGREEMENT , CONSULTANT has no interest, direct or indirect, in any transaction or business entity which w ould conflict with or in any manner hinder the performance of services and work required by this AGREEMENT, nor shall any such interest be acquired during the term of this AGREEMENT.

23. Resolution of Disputes.

A. Disputes regarding the interpretation or application of any provisions of this AGREEMENT shall, to the extent reasonably feas ible, be resolved through good faith negotiations between the parties.

B. If the parties cannot resolve the disput e through good faith negotiations, either party may give Notice of Dispute to the other party. The Noti ce of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.

After Notice of Dispute, the partie s shall first attempt to resolve a ny disputes by mediation. The parties shall agree on a single mediator. Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys’ fees and the costs of mediation shall be split equally between the parties.

If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days af ter Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.

C. If any action at law or in equity is br ought to enforce or interpret any provisions of this AGREEMENT, the prevailing party in such action shall be entitled to reasonable attorney's fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded.

24. Exhibits. The following exhibits to which reference is made in this AGREEMENT are deemed incorporated herein in their entirety:

Exhibit "A" Scope of Services

25. Governing Law . This AGREEMENT shall be governed by the laws of the State of California.

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26. Effective Date. This AGREEMENT shall become effective as of the date set forth below on which the last of the parties, whether OWNER or CONSULTANT, executes this AGREEMENT.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER

LANCASTER, CALIFORNIA

By:

Jason Caudle, City Manager

Dated:

GO2ZERO STRATEGIES

By:

Judi Gregory, Owner

Dated:

ATTEST:

Andrea Alexander, City Clerk

APPROVED AS TO FORM:

Allison E. Burns Esq., City Attorney

CONTRACT SUBMISSION APPROVAL:

Larissa De La Cruz, Director – Community Development Insurance Approved

PROPOSAL
City of Lancaster
SB 1383 Implementation Assistance
Zero waste, recycling, solid waste
and resource management
strategies for businesses and
communities
[email protected] 877-GO2-ZERO go2zero.net
Exhibit “A” - Scope of Services

1 A. Table of Contents
A. Table of Contents ..................................................................................................................................1 B. Company Information ...........................................................................................................................2 C. Cover Letter ...........................................................................................................................................3 D. Project Summary ....................................................................................................................................4 E. Relevant Experience and Qualifications ............................................................................................5 Project Team Relevant Work Experience ................................................................................................7 Professional Competence ............................................................................................................... 11 Subconsultants .................................................................................................................................. 11 References......................................................................................................................................... 13 F. Project Management and Staff Qualifications ................................................................................13 Proposed Management Staff Work Experience .................................................................................14 Proposed Subcontractor Work Experience .........................................................................................15 G. Scope of Work .....................................................................................................................................15 Task 1 - SB 1383 Assistance and Tracking ....................................................................................... 15 Task 2 – Data Tracking System ......................................................................................................... 16 Task 3 – Generator Waiver Assessments ......................................................................................... 17 Task 4 – Technical Assistance and Outreach ................................................................................ 18 Task 5 –Edible Food Generator and Food Recovery Org Outreach and Inspections ............. 18 Task 6 – Procurement Assistance .................................................................................................... 19 Task 7 – Route Reviews (Lid Flips) .................................................................................................... 20 Exhibit A – Staff Resumes .............................................................................................................................22 Exhibit B - Fee Schedule .............................................................................................................................33

2 B. Company Information
FIRM’S COMPLETE LEGAL NAME
Go2Zero Strategies

CONTACT NAME FOR CONTRACTING
Judi Gregory

MAILING AND CORPORATE ADDRESS
6625 N Calle Eva Miranda, Suite A, Irwindale, CA 91702

PHYSICAL ADDRESSES
6625 N Calle Eva Miranda, Suite A, Irwindale, CA 91702
728 N Hill St., Los Angeles, CA 90014
2851 Santa Fe Ave., Long Beach, CA 90810

CONTACT PHONE NUMBER
(877) GO2-ZERO (877) 462-9376

CONTACT EMAIL ADDRESS
[email protected]

MINIMUM QUALIFICATIONS
Go2Zero Strategies meets and/or exceeds all minimum qualifications listed in the RFQ.

SIGNATURE
This proposal is signed by Judi Gregory, President of Go2Zero Strategies, who is authorized to bind the firm. This proposal shall remain valid for one hundred eighty (180) days.

3 C. Cover Letter

February 6, 2023

Mr. Travis Lange
City of Lancaster

RE: SB 1383 Implementation Assistance

To Whom It May Concern.

The City of Lancaster seeks a contractor to assist with SB 1383 program implementation activities. It is with great pleasure that Go2Zero Strategies (Go2Zero) submits the enclosed proposal for your review and consideration. Go2Zero is a certified Small Business Enterprise (SBE), Veteran Owned Business and Women Business Enterprise (WBE).

The project team includes solid waste, recycling, waste reduction, and organics management experts with decades of experience. We have closely tracked the requirements of SB 1383 and are assisting several local municipalities to develop programs, processes, and data tracking mechanisms that will comply with the regulations.

The enclosed proposal includes our company qualifications, key personnel resumes, task approach, and the proposed fee schedule.

Our team looks forward to the opportunity to work with the City of Lancaster.

This proposal is signed by Judi Gregory, President of Go2Zero Strategies, who is authorized to bind the firm. This proposal shall remain valid for one hundred eighty (180) days.

Please contact Judi Gregory at [email protected] with questions or clarification.

Sincerely,

Judi Gregory
President

4 D. Project Summary
Go2Zero Strategies is a California Corporation consulting firm owned by Judi Gregory. Go2Zero has been providing services for 20 years and is one of the leading and fastest growing Zero Waste Consulting firms in Southern California.

Our team of over thirty solid waste, recycling, zero waste, and urban agriculture experts is fully prepared to assist the City of Lancaster in developing an SB 1383 Implementation Plan and follow through will all assistance needed to implement the plan.

The following tasks are the proposed scope of services. ● Develop SB 1383 Implementation Plan.
● Develop waiver process and outreach to waiver-eligible businesses. ● Assist with Edible Food Generator identification and outreach. ● Provide technical assistance and outreach services.
● Prepare procurement and application guidelines.
● Provide data tracking and recordkeeping platform.
● Perform route reviews, as needed.
● Prepare monthly reports notating compliance and progress toward meeting SB 1383 requirements.

As noted throughout this proposal, our team has the technical expertise and a long list of relevant work projects. We have primary contracts with Los Angeles County Public Works, Long Beach Unified School District, University of Southern California, NASA Services, CalMet Services, METRO, Vallarta Supermarkets, and the Cities of Burbank, Pico Rivera, Ontario, and Culver City. Through our projects we have had extensive roles in the City of LA recycLA franchise transition, City of Glendale transition, and the City of Oceanside Food Scrap Program roll-out. We currently provide outreach services to over 7,000 businesses through our contracts.

As part of this project, we propose to provide the City a SMART 1383 compliance portal for each year of services provided under this contract. The portal will allow the City to track all commercial generator compliance, services levels, waivers, food donations, contamination reviews, and enforcement activities. This portal also feeds into the integrated SB 1383 Implementation Record, allowing the City to maintain all required SB 1383 documents in one online location.

Our team is used to working alongside both cities and haulers as a seamless partner. We believe that our expertise, coupled with integrated technology allows us to provide the City and its hauler Athens with exceptional service and look forward to the opportunity to introduce you to our company.

5 E. Relevant Experience and Qualifications
Go2Zero Strategies is a California Corporation consulting firm owned by Judi Gregory. Go2Zero has been providing services for 20 years and is one of the leading and fastest growing Zero Waste Consulting firms in Southern California. (Operating since 2012 as Go2Zero and from 2001 – 2012 as Global Resources). The organization holds multiple certifications, including Woman Business Enterprise, Small Business Enterprise (MICRO), METRO Disadvantaged Business Enterprise, County of Los Angeles Local Small Business Enterprise (including Public Works), and is a Veteran Owned Business.

Go2Zero specializes in Zero Waste strategies for businesses and communities. Our services include:

Zero Waste planning; recycling program design; environmental education & curriculum development; collection route monitoring and review; business-to-business outreach and technical assistance; data collection, tracking & reporting; compliance and monitoring; physical waste sort & assessment; and solid waste system planning. Go2Zero staff include LEED Green Associates, TRUE Zero Waste Associates, and Certified Sustainable Resource Management Professionals.

Since 2016, Go2Zero has been assisting clients prepare for SB 1383. Activities performed as part of SB 1383 implementation include:
• Prepare SB 1383 compliant ordinances
• Rewrite hauler franchise agreements to incorporate SB 1383 requirements. • Develop and design SB 1383 focused outreach materials • Provide route reviews and waste evaluations as part of SB 1383 contamination monitoring • Assist with edible food capacity planning and Tier 1/Tier 2 outreach • Prepare SB 1383 gap plans
• Develop SB 1383 waivers forms and processes, and
• Visit several thousand generators to assess service level requirements, right-size service levels, and determine waiver eligibility
Additionally, our staff has partnered with SMART 1383 Compliance, to develop a data tracking and management system that connects all SB 1383 activities to a recordkeeping and reporting system, including an Implementation Record portal. Throughout this proposal, we have provided examples of how the SMART 1383 system integrates with all activities performed without subsequent time for data entry or manual reporting. This will ensure that the City has access to 100% real- time data to all activities and SB 1383 compliance metrics.

Go2Zero’s diverse customer base includes municipalities such as the County of Los Angeles, City of Pico Rivera, City of Lancaster, City of Ontario, City of Culver City, and City of Burbank, as well as businesses, several hauling firms, non-profit organizations, and school districts.

6 Awarded “Small Business of the Year” in 2013 by the CA Small Business Administration and “WRAP - Waste Reduction Award Program” by the CA Integrated Waste Management Board in 2004, Go2Zero has made an impact on the way that resources are tracked, managed, and preserved throughout California.

Mission, Vision, and Values - Go2Zero Strategies is dedicated to helping businesses and communities reduce environmental impacts through education, problem-solving solutions, strategic alignment, and partnership building. Go2Zero Strategies embraces the goal of Zero Waste!
The firm currently employs over thirty full-time staff, plus several part-time and seasonal staff members. The company leases three office spaces located in Irwindale (Corporate with warehouse), downtown Los Angeles, and Long Beach. Staff work from these offices and home-offices, and some permanently remote staff reside in Sacramento and San Diego Counties.

The Irwindale office would be the primary office serving the City of Lancaster . Additionally, the company owner was a former Lancaster homeowner and resident for thirteen years. While she currently resides in San Dimas, she is very family with the Lancaster area and the solid waste and recycling programs offered.

7 Project Team Relevant Work Experience
Project SB 1383
Planning
Site
Visits,
Technical
Assistance
& Waivers
Edible
Food
Outreach
&
Capacity
Planning
Data
Tracking
&
Reporting
Outreach
Materials
and
Content
Design
Monitoring &
Enforcement
(Contamina-
tion, route
review, waste
sorts)
NASA Services – Account
management DTLA / transition 2500
businesses
     
City of Pico Rivera – SB 1383
compliance      
City of Lancaster – Regulatory
compliance, AB 1826 waivers and Tier
1 & Tier 2 outreach
  

County of Los Angeles FoodDROP
program (sub to SCS Engineers)   
San Gabriel Valley COG – Edible
Food Capacity Planning (sub to SCS
Engineers)


CalMet Services – Account
management and outreach, assist
with rolling out SB 1383 programs
     
City of Oceanside – Food Scrap
program roll-out and outreach (sub
to SCS Engineers)



City of Culver City – Outreach, SB
1383 implementation and
contamination monitoring
 


City of Ontario – SB 1383
Implementation Planning 
City of Burbank – Outreach, waiver
eligibility, edible food, and
contamination monitoring
   


NASA Services – City of Glendale
Transition – Direct outreach during
citywide transition to SB 1383
program
    
Long Beach Unified – Districtwide SB
1383 gap planning     
Los Angeles County – Smart
Gardening residential education 
Los Angeles County Smart Businesses
- technical assistance (sub SCS)    
LA METRO – SB 1383 gap assessment
and planning (sub to Jacobs)    
Projects listed with blue  dots are ongoing/in-progress, and those with red  dots have been completed.

8 NASA Services is a waste hauler serving 20
cities in Los Angeles County. Go2Zero has
provided Zero Waste services to NASA’s clients
since 2004. As part of the City of Los Angeles’
recycLA franchise and other cities services by
NASA, Go2Zero supplies five full-time contract
staff on behalf of NASA. These team members
provide business-to-business technical
outreach, food donation program
implementation, and city compliance
activities. During the LA franchise, Go2Zero
staff performed site visits at 2500 businesses to
collect critical information for program roll-out,
and service routing.

Project Reference:

Jack Topalian, General Manager
[email protected]
PH: 888-888-0388 / FAX: 323-888-0398

NASA Services, Inc.
1100 S Maple Ave
Montebello, CA 90640

Tasks Include:
• Account management for 2500 customers in the
Downtown Los Angeles recycLA franchise zone.
• Right-sizing and recycling program
implementation and training for businesses and
multi-family complexes in over ten cities and the
unincorporated areas of Los Angeles County.
• Perform 128 waste sort characterizations per
year.
• Implement pilot food rescue programs and food
collection programs currently diverting over 700
tons per month of food waste.
• Implement organics diversion programs at the
Downtown Los Angeles Produce Mart and work
with over 100 produce vendors.
• Prepare all content and design for multiple
printed and social media outreach pieces per
year.
• Prepare monthly and quarterly diversion reports
for more than ten cities.

SHOWCASE

9 Go2Zero was contracted to develop a
Program Action Plan with strategies to help
the City of Pico Rivera address program gaps
identified by CalRecycle and more recently to
prepare for SB 1383. This project includes the
development of outreach and education
materials, amending the franchise agreement
with hauler, preparing an SB 1383 compliant
ordinance, performing annual route review,
and providing site visit/technical assistance for
all businesses and residents citywide. Go2Zero
has worked with the City since 2012.

Project Reference:

Kaitlin McGee, General Manager
[email protected]
PH: 562-801-4437 / FAX: 562-801-4359

City of Pico Rivera, Office of Sustainability
6615 Passons Blvd.,
Pico Rivera, CA 90660

Tasks Include:
• Prepare CalRecycle Annual Report.
• Update Franchise Hauler contract to comply
with SB 1383 requirements.
• Assist City facilities with MORe and MCR
compliance.
• Perform business technical assistance and
outreach at 750 businesses.
• Assist with food rescue outreach and capacity
planning.
• Develop print and social media outreach
materials.
• Prepare SB 1383 presentation to City Council.
• Develop a De Minimis Waiver Process.
• Perform route and bin/cart inspections at 1500
residences and 90 businesses per year to ensure
compliance with mandates and identify
contamination.

SHOWCASE

10 In 2019 the City of Oceanside renegotiated its
solid waste franchise to incorporate a Food
Scrap Recycling Program that complies with
the requirements of SB 1383. SCS Engineers
and its subcontractor Go2Zero were hired by
Waste Management to develop an in-depth
program roll-out and technical assistance
program that would assist all 2800 businesses
in the city. The four-year contract ensures that
businesses are successfully transitioned to the
new Food Scrap Recycling Program and that
they have access to ongoing support to
enhance recycling, reduce waste, and
donate edible food.

Project Reference:

Daniel Butler, Waste Management
[email protected]
PH: 619-455-1297

Tracie Bills, SCS Engineers
[email protected]
PH: 408-406-1991

Tasks Include:
• Perform a site visit at all 2800 businesses to assess organic and recycling volumes.
• Right-size services and provide customers with
implementation recommendations.
• Assess requirements to comply with Edible Food
Recovery and SB 827 customer facing collection
receptacles.
• Coordinate service level adjustments and obtain
customer approval.
• Develop protocols and processes for helping
businesses down-size services following the onset
of COVID-19 precautions and proceed with
program roll-out using COVID-19 safety
procedures.
• Monitor delivery of service equipment and go over
recycling toolkit materials with customers.
• Develop educational videos for customers that
are available 24/7 to train employees. View videos
at:
o Office and Retail:
https://www.youtube.com/watch?v=nLq89NciErE&list=P
LUunlla2QsxEVOoWUnkfHrLR_yLcUGUxL&index=25
o Food Service:
https://www.youtube.com/watch?v=gpPV1sfRW9o&list=

SHOWCASE

11 Professional Competence
Go2Zero is proud of its many accolades as a leader in solid waste, recycling, and Zero Waste consulting. Our firm has extensive subject matter expertise in California regulations pertaining to solid waste policy and programs.
 2013 Small Business of the Year
 All staff Certified Sustainable Resource Managers – NRC and San Jose State University  Owner named 2018 Woman of the Year in Sustainability (California), 2007 Recycler of the Year (CA Resource Recovery Association)
 Co-founded three sister companies: GreenEducation.US, Grow2Zero FARMS (an urban farm and food recovery & redistribution non-profit), and SMART 1383 Compliance and Tracking  Developed a comprehensive statewide, industry professional training program that has trained over 600 professionals and has been launched at several community colleges.  30+ staff and dozens of subcontractors known nationally for expertise in solid waste and recycling, including curriculum development and graphic design.

Subconsultants
Go2Zero has invited SMART 1383 Compliance to serve as a subcontractor on this project to provide data technology and recordkeeping functions. SMART 1383 will:
• Provide portal for maintaining records of all outreach, compliance, and enforcement activities
• Allow real-time tracking of all outreach activities, waiver eligibility, compliance metrics, and SB 1383 program Implementation Records.

SMART 1383 Compliance
builds comprehensive
materials management
information systems to
support organizations,
municipalities, counties,
and businesses striving to
optimize toward a zero
waste society and a
circular economy. SMART
1383 incorporates best
practices to exceed all
Federal, State, and Local
government standards
and policies related to

12 privacy, security, reliability, and accessibility.

The team, led by Bob Hollis, Zane Harvey and Judi Gregory, has more than 20 years of experience working with leading haulers, public agencies, energy companies, and environmental organizations throughout the United States; and is composed of experts in web and dashboard development, reporting systems, social media systems, digital outreach, database architecture, data analytics, artificial intelligence, machine learning, software development, geographic information systems (GIS), and cybersecurity.

The primary point of contact is Bob Hollis, [email protected]

13 References
See below references, as well as those listed on the detailed project overview.

References
GO2ZERO STRATEGIES
City of Lancaster
Assist with franchise contract review and
regulatory compliance. Activities include waiver
process development and issuance, AB 1826
outreach, review of franchise agreement for
compliance with SB 1383.

Reference

Travis Lange
[email protected]

PH: 661.723.5883

Details

Project Term: 2020 –
Ongoing
Budget: $100,000/YR

GO2ZERO STRATEGIES
Multi-Jurisdictional Outreach and Technical
Assistance
Provide contract recycling and zero waste
services to all municipalities served by hauler.

Activities include outreach, contract
management, city reporting, customer
management and proposal writing.

Reference

Jack Topalian, General Manager
[email protected]

PH: 888-888-0388 / FAX: 323-888-0398
NASA Services, Inc.
1100 S Maple Ave
Montebello, CA 90640

Details

Project Term: 2004 –
Ongoing
Budget: $750,000/YR

GO2ZERO STRATEGIES
City of Pico Rivera
Assist with franchise contract review and
regulatory compliance. Activities include waiver
process development and issuance, AB 1826
outreach, review of franchise agreement for
compliance with SB 1383.

Reference

Patsy Gonzales
[email protected]

PH: 562.801.4244

Details

Project Term: 2012 –
Ongoing
Budget: $180,000/YR

F. Project Management and Staff Qualifications
Participating staff are professionally qualified at performing the proposed tasks. All outreach staff are Certified Sustainable Resource Management Professionals through San Jose State University, and several are TRUE Advisors through the Green Business Certification Inc. Staff are cross-trained in technical assistance, education and outreach, right-sizing, waste sorts, and route audits, with additional staff also having expertise in data management, written content and graphic design, video editing, social media outreach, curriculum development, Master Gardening and farming, composting, and vermicomposting. Several staff will be assigned to assist throughout the course of the contract.

Go2Zero employs several multi-lingual staff fluent in: Spanish, Vietnamese, Farsi, Korean, Russian, and Tagalog.

14 Key personnel will be available for the duration of the project and no person designated as “key” to the project shall be removed or replaced without the prior written concurrence of the City of Lancaster. Resumes provided in Attachment A.

Proposed Management Staff Work Experience
Name & Title Yrs
Exp
Tasks Experience
Judi Gregory
President
35 Project
Management &
Administration
City of Pico Rivera | NASA Services
| Los Angeles County | City of
Culver City | City of Lancaster |
University of So. California
Cory Oskardmay
Project Manager

6 Project
Coordinator &
Staff Training
City of Pico Rivera | NASA Services
| Los Angeles County | City of
Lancaster | University of Southern
California
Edgar Villasenor
Zero Waste Specialist

4 Route audits,
outreach &
waivers
Los Angeles County Smart
Gardening | NASA Services,
CalMet Services, City of Lancaster
| City of Pico Rivera
Nicole Hernandez
Contract Compliance
Lead

6 Reporting & Data
Management
recycLA waste sorts | NASA
Services | CalMet Services | WARE
Disposal | LA County Smart
Business

Myrna Gold
Go2Zero Strategies

30 Task 4:

2 Task 4: Site Visits &
Edible Food
Outreach
LBUSD | Los Angeles County Smart
Business Recycling | Culver City |
LA Unified

Christal Fields
Zero Waste Supervisor

5 Task 4: Site Visits &
Edible Food
Outreach
recycLA | LBUSD | LAUSD | City of
Ontario | Culver City

Robert Reynolds
Data Analyst

5 Reporting & Data
Management
recycLA | LBUSD | LAUSD | City of
Ontario | Culver City

15 Proposed Subcontractor Work Experience
Name & Title Yrs
Exp
Tasks Experience

Bob Hollis
SMART 1383
Compliance
Primary Contact
30 Information
Systems and Web
Development
Mojave Desert and Mountain
Recycling JPA, City of Chula Vista,
Keep California Beautiful, California
Recycling Market Development
Zones, Marin Sanitary Service
Zane Harvey
SMART 1383
Compliance
15 Software
Development, AI
Applications,
Data Engineering,
Design and
Maintenance,
Modeling and
Simulation, UI/UX
Scime Plasma Physics Laboratory |
US Department of Energy |
CONSOL Energy | Adjunct
Professor of Computer Science at
Capitol Technology University
G. Scope of Work
The following tasks are the proposed scope of services. ● Provide SB 1383 Assistance and Monitoring
● Develop waiver process and outreach to waiver-eligible businesses. ● Assist with Edible Food Generator outreach and inspections. ● Provide technical assistance and outreach services.
● Assist with procurement tracking.
● Provide data tracking and recordkeeping platform.
● Perform route reviews, as needed.
● Prepare monthly reports notating compliance and progress toward meeting SB 1383 requirements.

Task 1 - SB 1383 Assistance and Tracking
Go2Zero will assist the City with implementation of SB 1383 compliant programs. This will consist of monitoring and reviewing documents, practices, program, policies, and outreach activities.

Go2Zero will maintain a SB 1383 gap assessment checklist to monitor the city’s ongoing efforts to implement all aspects of SB 1383. Each month Go2Zero will provide an updated checklist. This task will include monitoring the following activities:
• Organic waste collection programs
• Contamination minimization processes and activities
• Waiver and exemption process and activities
• Education and outreach activities
• Edible food recovery programs
• Recovered organics waste procurement

16 • Paper procurement
• Inspection and enforcement processes
• Reporting and recordkeeping systems
DELIVERABLES: Completed within 15-days of notice to proceed ● Prepare and maintain gap assessment matrix.

Task 2 – Data Tracking System
Go2Zero will implement an integrated data tracking system using the SMART 1383 portal. This system allows integrated tracking of all outreach, enforcement, and compliance records in a SB 1383 Implementation Record and annual reporting system. The City will have access and ownership of all records maintained in the system.

DELIVERABLES:

17 ● Provide City access and login credentials to fully functional SB 1383 Data Management System. Real-time access to all outreach activities will be provided as these activities commence.

Task 3 – Generator Waiver Assessments
Go2Zero will assist with conducting generator waste assessments to identify waiver eligibility .

Site assessments will be performed and logged in real-time using the SMART 1383 system which confirms waiver eligibility via verified waste assessment information, allows upload of photos and completion of waivers electronically. All records are logged immediately and saved to the City’s Implementation Record for CalRecycle recordkeeping and review purposes. Downloadable datasets, maps, photos, and PDF of waivers are all maintained in a single dashboard.

This activity will also include the development of a waiver form and process for City approval and the development of an authorization letter which our team will use when performing outreach.

DELIVERABLES:
● Provide ongoing waiver assessment and monitoring
● Review generator list and impost into SMART 1383 system for assessing waiver eligibility. ● Perform generator site waste assessments to confirm waiver eligibility status. ● Provide City and Hauler access to real-time site assessment and waiver data and records.

18 Task 4 – Technical Assistance and Outreach
Working with the City staff, our team will develop and implement an outreach plan for businesses, single-family homeowners, and multifamily properties on SB 1383 requirements. This will include developing written and graphic content for print, electronic, social media, and website. An annual outreach calendar will be developed that specifies draft version, final version, a nd distribution dates for all outreach materials. Additionally, Go2Zero will provide outreach staff, to assist with business technical assistance.

DELIVERABLES:
● Finalize outreach calendar and draft requested outreach collateral. ● Work with hauler to identify specific areas of outreach in which assistance is needed. ● Onboard internal staff to understand key elements of programs offered, materials accept ed, and processes for working collaboratively in partnership with the hauler to support outreach and implementation of new programs.
● Perform outreach activities.
● Record all reportable activities directly to the SMART 1383 system for real- time access and analytics.

Task 5 –Edible Food Generator and Food Recovery Org Outreach and Inspections It is critical that municipalities identify and provide outreach and inspections to Tier 1 and Tier 2 Edible Food Generators (EFGs). This will help jurisdictions better understand the type and amount of

19 edible food being generated, as well as to educate EFGs on the requirement s to donate all edible food starting As part of this task, we will review the customer database and ensure that each applicable account is identified as Tier 1 or Tier 2
We will also evaluate the existing edible food donation options locally available. T his will include identifying and vetting new donation organizations to ensure sufficient capacity.

We will utilize the SMART 1383 system to collect and record the necessary information for compliance with SB 1383 recordkeeping. Our team will conduct outreach to Tier 1 and Tier 2 commercial edible food generators as required by SB 1383. This will include sharing information on the requirements of SB 1383 and assessing businesses potential donation and food waste reduction opportunities. Our staff will provide information on local food recovery organizations and the requirements to both donate and track donations with organizations in which written agreements are in place. As part of the outreach, we will compile basic information on the estimated type an d amount of edible food, amount if any, of donation activities are currently taking place, and if so, what organizations the business currently uses and if a formal agreement is currently in place.

Additionally, if not currently in place, we will provide sample agreement templates, and create tracking forms and processes for the City to receive needed information from both generators and recovery organizations as required by the regulations. Before the end of 2022, our team will have conducted site visits and outreach at all identified Tier 1 and Tier 2 generators, assisted the City in developing long-term processes for recordkeeping and tracking, created enforcement plans, and helped to identify sufficient local donation capacity.

DELIVERABLES: Completion annually by December 31.
● As needed, develop edible food donation outreach materials, template agreements, and tracking forms.
● Review list of available food recovery organizations and research additional organizations to ensure sufficient capacity.
● Develop survey and set up collection tool through the SMART 1383 portal for real- time access to data and recordkeeping.
● Conduct outreach to all Tier 1 and Tier 2 generators. ● Maintain all reportable records in SMART 1383 system.

Task 6 – Procurement Assistance
As part of this task, G2Z will assist the City in determining annual baseline requirements for refuse - derived fuel and compost purchases. These procurement records will be maintained in the SMART 1383 System. Go2Zero shall train city staff on proper data collection, and will review submitted records on a quarterly basis to confirm that annual targets are being met and that proper records are being maintained.

DELIVERABLES:

20 ● Meet with City to review current mulch and compost purchasing practices. ● Train staff on reporting and recordkeeping requirements. ● Review records on a quarterly basis and report to City.

Task 7 – Route Reviews (Lid Flips)
Route reviews (lid flips) will be performed annually on 2% of residential routes and 5% of commercial routes operated in the City.

Prior to the commencement of route reviews, we will work with the City and hauler to confirm the accounts to be surveys and prepare the survey to be conducted. Go2Zero will utilize the SMART 1383 system to conduct route reviews. This system
allows real-time tracking of all accounts
reviewed, including viewing the photos of the contents.

During the audits, the auditor will confirm the account information, if available, and then proceed through the container audit checklist. As part of the audit process, a photo, or photos of noted contamination and contents will be attached to the record. Additionally, a tag will be placed on audited bins providing feedback on proper sorting or contamination.

The City will be able to review results and data points such as:
● Percentage of contamination by route, container type, geo-zone, and commercial industry code (SIC/NAICS/other).
● Type, volume, and weight of contamination by material type. ● Customer compliance with SB 1383 as it relates to proper container usage, including issuing warning notices.

Using the data obtained through the route audits, we will prepare recommendations for the City and Athens to help improve participation and reduce contamination. These recommendations ma y include:
● Adjusting service levels.
● Recommending citations or enforcement actions.

21 ● Identifying waiver eligibility.
● Providing additional training or technical assistance. ● Improving signage, stickers, or visual aids.
● Conducting targets outreach to specific routes, or for contaminants with high levels of reoccurrence.

DELIVERABLES: Ongoing as needed
● Compile commercial and residential accounts proposed for route audit on a n annual basis or other periodic frequency determined by the City.
● Develop route review survey.
● Conduct route reviews.
● Tag bins that have been audited
● Provide access to real-time audit results, maintained in the SMART 1383 system

22 Exhibit A – Staff Resumes

23 Judi Gregory
President
Go2Zero Strategies
Licenses & Certifications:
-Certified Sustainable Resource Management Professional – San Jose State University
-ANSI California Food Handler Certification
-TRUE Advisor – US Green Building Council

Experience: 35 years

Judi Gregory, owner of Go2Zero Strategies, has worked in the recycling and solid waste management field for over 30 years. In 2013, Go2Zero was awarded Small Business of the Year by the CA Small Business Administration. More recently, Senator Portantino’s Office recognized Ms. Gregory as a 2018 Woman in Business Honoree in Environment and Sustainability. Her experience includes work in various industry sectors with a strong focus in solid waste operations, Zero Waste planning, and educational design and development.

Ms. Gregory has an extensive background in operations and management of waste hauling and recycling firms, and from 1998 through 2012 owned a Los Angeles-based hauling firm, Global Waste Recycling. In this capacity she was responsible for setting up recycling programs at some of the largest movie studios in the world, including Paramount Studios, NBC, ABC, CBS, and Warner.

From 2005 through 2013 Judi worked as the Interim Executive Director and Certification Manager for the CA Resource Recovery Association. There she developed an industry certification that was used as the foundation for a $4.87M grant from the U.S. Department of Labor, alongside project partners Irvine Valley College, Golden West College, and Santa Monica College.

Ms. Gregory received the “Recycler of the Year” award from CRRA in 2007. Ms. Gregory’s firm holds multiple small and disadvantaged business certifications, and Ms. Gregory is a Lieutenant who served in the Army National Guard.

University of Southern California, Zero Waste Planning, Los Angeles, CA - 09/2019 to present Project Manager | Ms. Gregory oversees the implementation of a campus-wide waste composition study and Zero Waste Plan that will include comprehensive data collection and analysis.

NASA Services, Los Angeles Bureau of Sanitation – recycLA Program, Los Angeles, CA - 07/2014 to Present Zero Waste Director | Ms. Gregory oversaw the transition of approximately 2,500 commercial and multi-family hauling accounts into the City of Los Angeles’ exclusive franchise hauling system and currently manages four full- time employees that provide day-to-day customer assistance with Zero Waste Programs.

Los Angeles County Public Works—Smart Gardening Program Los Angeles County, CA - 1/2019 to Present Project Manager | Ms. Gregory manages a dozen employees and contractors that provide weekly, mobile educational workshops and product sales and distribution. Content covers composting and water wise gardening.

Education:

Religious Studies, University of California, Los Angeles Professional Affiliations
- Board Member, Women in Solid Waste and Recycling
- Member, Southern CA Waste Mgmt. Forum
- Board Member, National Recycling Coalition’s National Standards Certification Board
- Member, California Resource Recovery Association

24 Cory Oskardmay
Project Manager
Go2Zero Strategies
Licenses & Certifications:

Certified Sustainable Resource Management Professional – San Jose State University

Experience: 6 years

Cory Oskardmay, Zero Waste Project Manager at Go2Zero Strategies, has visited hundreds of businesses throughout Los Angeles to provide waste reduction consulting services. His experience ranges from small business waste reduction and outreach to grocery chain waste stream management, zero waste planning for the University of Southern California, and diversion reporting for the City of Los Angeles. Throughout his career he has helped businesses save hundreds of thousands of dollars through improved waste management practices, and creative resource management.

RELEVANT PROJECTS: ________________________________ ________________________________ ___________________________ SCS Engineers – Los Angeles County Public Works Smart Business Recycling Program & Commercial Institutional Recycling Program, Los Angeles County, CA - 6/2017 to present Team Lead | Mr. Oskardmay has verified compliance for AB341 and AB1826 at dozens of multi-family dwellings in unincorporated Los Angeles County. This entails conducting interviews where he collects information electronically and in real-time. In addition, he provides education and guidance on methodologies to expand recycling programs and reduce waste, helping his clients to understand their hauling contracts.

University of Southern California, Zero Waste Planning, Los Angeles, CA - 09/2019 to present Team Lead | Team Lead |This project commenced in September of 2019 and will run through the end of December, totaling $100,000. Mr. Oskardmay is responsible for the facilitation and analysis of campus building site surveys to identify opportunities to reduce waste at the source, identify recoverable food, and right size services.

NASA Services, Los Angeles Bureau of Sanitation – recycLA Program, Los Angeles, CA - 06/2017 to Present Zero Waste Associate | Mr. Oskardmay has conducted waste assessments at over 500 businesses in downtown Los Angeles providing education, outreach, technical assistance, and waste-reduction strategies. In addition to field work, he created monthly waste diversion reports for customers and generated weekly progress reports to Los Angeles City Sanitation.

Vallarta Supermarkets – AB 1826 Program Implementation, Los Angeles, CA - 11/2018 to present Project Manager | Mr. Oskardmay serves as the lead on implementation of AB 1826 programs across Vallarta Supermarkets in California. This project requires detailed solid waste analysis to identify cost saving strategies and correct service levels for organics. Mr. Oskardmay oversees a team that works directly with each store to place equipment and signage, provide employee training, and monitor program roll-out, including troubleshooting and best management practices.

Education:

BS, Environmental Management and Policy, University of
North Carolina, Asheville
Professional Affiliations
- Member, Southern CA Waste Mgmt. Forum
- Member, California Resource Recovery Association

25 Nicole Hernandez, Zero Waste Associate at Go2Zero Strategies has worked in sustainable materials management for the past six years. Her experience consists of providing solutions to waste reduction practices in service of residences, commercial business, and large-scale events. In 2018, she assisted in establishing the standard operating procedures for organics waste management at a major athletic stadium, which held large-scale events for up to 100,000 attendees.

During this time, Ms. Hernandez has hosted several community sustainability events where she provided education and outreach materials regarding SB 1383. On behalf of NASA Services, Ms. Hernandez visited over 300 businesses in downtown Los Angeles, completing waste assessments to establish compliance with AB 341 and AB1826. As a part of the recycLA team, Ms. Hernandez provided recycling training and education to restaurants, small textile stores, wholesale suppliers, and various commercial accounts. Nicole is also the primary data management specialist, preparing monthly, quarterly, and annual reports for over 15 jurisdictions on behalf of several hauler and municipal clients.

RELEVANT PROJECTS: ________________________________ ________________________________ ___________________________ recycLA Program, NASA Services, Los Angeles, CA - 04/2017 to present Zero Waste Specialist | Ms. Hernandez originally provided customer management services to NASA accounts in the downtown recycLA zone. She spent countless hours performing waste assessments at businesses in Downtown Los Angeles. During the assessments, Nicole would collect data to report to the city and customer, discusses state mandates AB 341 and AB 1826 to ensure that the customer is in compliance, and resolves any issues such as contamination. Additionally, she provides trained to prevent contamination, and implement new diversion programs. More recently, Ms. Hernandez has taken over the preparation of periodic hauler reports to dozens of jurisdictions on behalf of the client.

CalMet Disposal, Paramount, CA – 03/2021 to present
Report Analyst | Ms. Hernandez prepares several monthly, quarterly, and annual reports on behalf of the client.

These reports consist of various jurisdictional reports that measure tonnage, account database, and legislative compliance. Ms. Hernandez also serves as a lead on several waste sorts per year and assists with the compilation of waste characterization data.

Public Works, Los Angeles County – Smart Business Program, Los Angeles County, CA 01/2019 to Present Resource Management Specialist | Ms. Hernandez manages data and reporting associated with hundreds of business and multifamily site visits. In this capacity, Ms. Hernandez reviews thousands of sets of data for accuracy.

She uses the data to prepare site and client reports, as well as to analyze trends and statistics related to recycling participation, contamination, utilization of solid waste receptacles, and compliance with state and local mandates.

Nicole Hernandez
Zero Waste Specialist
Go2Zero Strategies
Licenses & Certifications:

Certified Sustainable Resource Management Professional – San Jose State University

Experience: 6 years

Education:

BA, Art History, University of California, Los Angeles
Professional Affiliations
- Certified Sustainable Resource Management Professional Santa Monica College
- GBCI TRUE Certification

26 Mr. Villasenor’s waste reduction experience began in 2017, during his work as a crew member at a local Trader Joe's grocery store. There he took lead in the newly implemented organics composting program. This included monitoring the amount of organic waste being produced and educating order writers on how we can reduce organic waste. This experience helped him obtain the position of Zero Waste Specialist for Go2Zeo Strategies.

While working for Go2Zero, Mr. Villasenor’s job included various projects centered around waste reduction and sustainability practices. In his short time with this company, he has managed to successfully educate clients around downtown Los Angeles about proper waste management, help reduce waste in several Vallarta supermarkets, and educate County of Los Angeles residents on sustainable and ethical at-home garden practices.

RELEVANT PROJECTS: ________________________________ ________________________________ ____________________________ Los Angeles County Smart Gardening Program, LA Public Works – 07/2020 to present Program Coordinator | Edgar serves as the Program Coordinator for the Los Angeles County Smart Gardening Program. In this capacity, Edgar sets up compost and gardening workshops and webinars throughout the county. Edgar serves as the moderator for three weekly webinars, in which he answers audience questions and dialogs with the instructor.

AB 1826 & AB 341 Program Implementation, Vallarta Supermarkets, CA – 05/2020 to present Zero Waste Specialist | Mr. Villasenor oversees implementation of AB 1826 and AB 341 programs across Vallarta Supermarkets throughout California. This project requires detailed solid waste analysis to identify cost saving strategies and correct service levels for organics. Mr. Villasenor conducts in person visits to each Vallarta supermarket every quarter to assure the store is following current standard operating procedures for waste and recycling.

Customer Outreach and Education, NASA Services, Los Angeles County CA – 03/2020 to present Outreach Specialist | Edgar provides technical assistance and outreach to several franchise and open-market cities in Los Angeles County. These activities include evaluating businesses for waiver eligibility under AB 1826, assisting with rightsizing of services, providing information on regulatory compliance, and training staff and tenants.

Organic Compost Program Trader Joes, CA 01/2017 – 02/2020 Crew | Mr. Villasenor oversaw the organic composting program at a local Trader Joe’s which included assessing and reducing organic waste, monitoring that organic waste was properly separated, and educating the staff on proper disposal practices.

Education:

Master Gardener, University of Colorado Extension (in
progress)

Languages:

Spanish – Professional Working Proficiency
Professional Affiliations
- Certified Sustainable Resource Management Professional San Jose State

Edgar Villasenor
Zero Waste Specialist
Go2Zero Strategies
Licenses & Certifications:

Certified Sustainable Resource Management Professional – San Jose State University

Experience: 4 years

27 Christal Fields
Zero Waste
Field Supervisor
Go2Zero Strategies
Licenses & Certifications:

Certified Sustainable Resource Management Professional – San Jose State University
State of California Notary Public Commissioned in 2004
Experience: 4 years

Christal Fields is a Zero Waste Field Supervisor at Go2Zero Strategies. She has an elaborate career spanning over 20 years with a primary focus on team organization and project management. Having started as the receptionist she has worked her way up to a Regional Director in the southwest region of the United States. Known as a highly motivated and energetic self-starter, her strengths lie in her ability to plan and communicate the actions required to execute projects with timeliness and accuracy.

As the newest member of our management team, starting with Go2Zero Strategies in January 2023 she has taken on the responsibility of Field Supervisor ensuring the team of field outreach workers has the training, support and leadership to exceed the expectations of all projects contracted. She has worked in sustainable materials management for the past four years. Christal has provided outreach support for Senate Bill 1383 programs in the Inland Empire, San Gabriel Valley and Los Angeles County.

RELEVANT PROJECTS: ________________________________ ________________________________ ____________________________ Public Works – Implementation of SB 1383 Programs – City of Culver City, CA - 10/2022 to present Project Lead | Christal assisted the City with the implementation of SB 1383 programs including business technical assistance, waiver assessment, and the right sizing of service levels. Additional activities included edible food outreach and assistance with food recovery organizations and edible food generators to identify compliance with SB 1383 edible food recovery requirements.

Integrated Waste – Implementation of SB 1383 Programs – City of Ontario, CA – 10/2022 to present Outreach Specialist | Christal assisted the City with the implementation of SB 1383 programs including business technical assistance, waiver assessment, and the right sizing of service levels. Additional activities included edible food outreach and assistance with food recovery organizations and edible food generators to identify compliance with SB 1383 edible food recovery requirements.

Public Works – Commercial Implementation Assistance – City of Monterey Park, CA – 10/2022 to -1/2023 Zero Waste Specialist |Christal provided outreach support for the Senate Bill 1383 food recovery program both in commercial and residential multi-family properties. She assisted with identifying edible food generators and performed phone surveys and site visits to collect data on recoverable edible food waste. She also assisted with the data review and analysis for the final report.

Republic Services – Residential Route Reviews – City of Inglewood, CA – 06/2019 – 01/2021 Field Outreach Specialist | For this project Christal worked closely with her client Republic Services to perform residential route reviews. Daily activities included performing audits of each customer account to identify the number and size of containers, condition of containers, driver access information, set out rates, contamination rates, and any other relevant account data needed to set up new accounts.

Republic Services – Los Angeles Unified School District Expanded Recycling, Los Angeles, CA – 09/2019 – 03/2020 Field Outreach Specialist | Christal was responsible for visiting schools within the district to assist with the implementation of breakfast in the classroom, lunchtime, and campus-wide recycling programs. In this role she trained, students, staff, faculty and parent volunteers on the districts ABCs of School Recycling.

Professional Affiliations
- Southern California Waste Management Forum

28 29

Brennah Pollman
Moellendorf
Zero Waste Specialist
Go2Zero Strategies
Licenses & Certifications:
-Certified Climate Steward - UC Division of Agriculture & Natural Resources Naturalist Program
-Certified California Naturalist - UC Division of Agriculture & Natural Resources Naturalist Program

Experience: 2 years

Brennah Pohlmann Moellendorf is a Zero Waste Specialist who identifies and reaches out to organizations to help them access opportunities to reduce food waste and improve their recycling efforts. Brennah has developed assessment and outreach plans for hundreds of educational agencies, and conducted in-person visits at school sites, businesses, and residences to assess their waste and recycling, including assessing their compliance with relevant legislation. A talented communicator, she also brings her background in public relations to develop practical educational materials that inform schools and communities about how to meet the requirements of SB 1383, AB 827, AB 341, and other local waste regulations.

RELEVANT PROJECTS: ________________________________ ________________________________ ____________________________ SCS Engineers – Smart Business Recycling, School Recycling Program, Los Angeles County, CA – 9/2021 to present Local Education Agencies Recycling Project Coordinator | Brennah reached out to schools throughout the County, helping them assess current waste reduction and recycling efforts. During site visits, she helped schools identify all their sources of waste and potential opportunities for reduction, diversion, and recycling. She also followed up with schools by providing educational materials, assessing compliance with applicable laws, and identifying potential steps to reach zero waste.

SCS Engineers – SGV Coalition Of Governments, San Gabriel Valley, CA – 12/2022 to present City of West Covina Edible Food Outreach Associate | Brennah contacted a full range of edible food generating businesses and agencies. After assessing the specific needs of West Covina restaurants, stores, schools, health facilities, and other agencies, Brennah helped them access resources and community partners to implement food recovery programs in compliance with SB 1383. In particular, her assessments helped the city measure current food waste volume to plan for sufficient capacity for diversion to local food recovery organizations.

City of Culver City, Culver City, CA – 12/2022 to present Edible Food Outreach Associate | Brennah performed SB 1383 organics recycling exemption waiver assessments to identify eligible businesses and conducted EFG inspections of regulated Tier 1 edible food generators, providing resources and assistance to out-of-compliance businesses.

City of Burbank, Burbank, CA – 12/2022
Zero Waste Specialist | Following the implementation of a city-wide food scraps recycling collection program, Brennah conducted hauler route reviews to evaluate residential routes for prohibited container contaminants, helping ensure the city’s compliance with SB 1383 requirements for minimizing organic waste contamination.

City of Monterey Park, Monterey Park, CA – 10/2022 to 12/2022 Zero Waste Specialist | Brennah conducted field assessments of residential and commercial multifamily properties, providing accounts with customized right-sizing recommendations.

Education:

BA, Communications, California State University,
Fullerton
AA, Chinese, Pasadena City College

Professional Affiliations
- AmeriCorps Alums - California Climate Action Corps

30 Myrna Gold
Communications and
Marketing Specialist
Go2Zero Strategies
Licenses & Certifications:

Certified Sustainable Resource Management Professional – San Jose State University

Certificate: Technical Writing, San Jose State University

Experience: 30 years

Myrna Gold, Zero Waste Associate, has more than 25 years of communications experience across numerous industries, including public health, technology, and publishing. Ms. Gold develops content for marketing programs of Go2Zero and GreenEducation.US. She provides research, writing, social media campaigns, and strategic communications consulting.

Ms. Gold’s passion for environmental issues is rooted in human health. While working for the Federal consulting firm, SRA (an acquisition of General Dynamics), Ms. Gold conducted research on adverse health effects of oil-spill clean-up workers following the Exxon Valdez Oil Spill of 1989. This information was foundational to SRA’s proposal, procurement, and execution of a multi-year, multi-million-dollar human health study by the National Institutes of Environmental Health Studies. Named the GuLF Study, it tracked the health of persons who helped with the oil spill response and clean-up, took training, signed up to work, or were sent to the Gulf to help after the Deepwater Horizon oil spill. Following Hurricane Katrina, Ms. Gold supported research by the US CDC on formaldehyde exposure of persons living in FEMA- provided trailers.

Ms. Gold has also delivered research on other human health environmental detriments, such as the adverse health effects of insect-/aviary-borne diseases from green swimming pools following the US Housing Market Crash of 2006-2009.

She has also studied and reported on adverse health experiences of US homeless and migrant populations exposed to solid waste.

RELEVANT PROJECTS: ________________________________ ________________________________ ____________________________ Los Angeles County Public Works - Smart Gardening Program, Los Angeles, CA - January 2019 to Present Content Developer | Mrs. Gold designs and distributes digital marketing communications to promote Smart Gardening webinars on preserving water resources, reducing food waste, urban agriculture for food resilience, and toxin-free pest management. Under her social media management, Smart Gardening webinars have reached the attention of millions of social media users.

NASA Services, Los Angeles, California - recycLA Program, Los Angeles, CA - September 2019 to Present Content Developer | Mrs. Gold executes digital and print communications on behalf of NASA Services as a provider of waste management under recycLA. She develops written and graphic content for the quarterly NASA Services recycLA Newsletter and syndication on social media.

CalMet Services, Los Angeles, California - April 2021 to Present Content Developer | Mrs. Gold executes digital and print communications on behalf of CalMet Services as a provider of waste management to localities within Los Angeles County. She develops the written and graphic content for numerous newsletters and for use in social media content.

Education:

B.A. English, San Jose State University
Languages:

Tagalog – Working Proficiency

31 32

33 Exhibit B - Fee Schedule
A fee schedule worksheet is included on the following page. Rates are based on a task -by-task basis. Invoices will be submitted monthly and will be send to the City point of contact on approximately the 5th day following the completion of each month.

Cost Proposal
T otal
Hours T otal CostTasks
Judi Gregory
Go2Zero
Cory
Oskardmay
Go2Zero
Data Mgmt
Go2Zero
Field Lead
Go2Zero
Site Visit
Staff
Myrna Gold
Go2Zero
SMART 1383
Route Review
& Admin Staff
Rates($ 250) ($ 165) ($ 85) ($ 95) ($ 75) ($ 85) ($ 150) ($ 65) SB 1383 Assistance ( - )
Task 1: SB 1383 Assistance and Tracking ( 2.00) ( 4.00) ( 12.00) ( 18.00) ($ 2,180.00) Task 2: Data Tracking System ( 10.00) ( 40.00) ( 100.00) ( 160.00) ( 310.00) ($ 41,600.00) Task 3: Generator Wavier Assessments ( 4.00) ( 12.00) ( 12.00) ( 48.00) ( 76.00) ($ 6,420.00) Task 4: T echnical Assistance and Outreach ( 12.00) ( 48.00) ( 192.00) ( 112.00) ( 364.00) ($ 30,460.00) Task 5: EFG and FRO Outreach and Inspections( 4.00) ( 4.00) ( 12.00) ( 24.00) ( 180.00) ( 224.00) ($ 18,460.00) Task 6: Procurement Assistance ( 20.00) ( 4.00) ( 8.00) ( 32.00) ($ 6,340.00) Task 7: Route Reviews ( 4.00) ( 24.00) ( 150.00) ( 178.00) ($ 12,690.00) Project Management ( 12.00) ( 12.00) ( 24.00) ($ 4,980.00) Subtotal SB 1383 Assistance ( 48.00) ( 84.00) ( 144.00) ( 108.00) ( 420.00) ( 112.00) ( 160.00) ( 150.00) ( 1,226.00) ($ 123,130.00) TravelMileage Per Diem ( - ) ($ 1,500.00) Subtotal Travel ( - ) ( - ) ( - ) ( - ) ( - ) ( - ) ( - ) ( - ) ( - ) ($ 1,500.00) Total ( - ) ( - ) ( - ) ( - ) ( - ) ( - ) ( - ) ( - ) ( 1,226.00) ($ 124,630.00) ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGGJECT OTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCECLAIMS-MADEAGGREGATE$DEDRETENTION$ PEROTH-STATUTEERE.L. EACH ACCIDENTE.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCEDATE (MM/DD/YYYY)
$
$$$$
The ACORD name and logo are registered marks of ACORD
5/19/2023
(858) 200-3383(858) 200-338424082Go2Zero Strategies, LLC6625 N Calle Eva MirandaIrwindale, CA 91702240662942415792 A 1,000,000XBKS568670623/5/20233/5/2024500,00015,0001,000,0002,000,0002,000,0001,000,000A BAS568670623/5/20233/5/20244,000,000B ESA568670623/5/20233/5/20244,000,000C X72WECAA3EFL5/10/20235/10/20241,000,0001,000,0001,000,000DProfessional LiabPSL02396270133/5/2023E&O Agg/$10,000 Ded2,000,000DSexual Abuse LiabB0621PGOTZ0002231/1/20233/5/2024Agg/Ea Wrongful Act2,000,000City of Lancaster, its elected officials, officers, employees and volunteers are named Additional Insured's with respects to General Liability per attached. Coverage is Primary and Non-Contributory. Worker's Compensation Waiver of Subrogation apply. RE: Insured's operations performed under written contract.

The City of Lancaster44933 Fern AvenueLancaster, CA 93534 GO2ZSTR-01FAUMI1
Assured Partners of CA Insurance Services, LLC dba: Wateridge Insurance Services9655 Granite Ridge Drive, Ste 450San Diego, CA 92123Paige [email protected] Security Insurance Co.American Fire & Casualty CompanyHartford Casualty Insurance CoUnderwriters at Lloyds X3/5/2024

X XXX XXX X
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COMMERCIAL GENERAL LIABILITY
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL GENERAL LIABILITY EXTENSION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART
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INDEX

SUBJECT PAGE
NON-OWNED AIRCRAFT 2
NON-OWNED WATERCRAFT 2
PROPERTY DAMAGE LIABILITY - ELEVATORS 2
EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3
EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 3 ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6

WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7
FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7
KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7
LIBERALIZATION CLAUSE 7
BODILY INJURY REDEFINED 7
EXTENDED PROPERTY DAMAGE 8
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8

WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU
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With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement.

A. NON-OWNED AIRCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided:

1. It is not owned by any insured;

2. It is hired, chartered or loaned with a trained paid crew;

3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and

4. It is not being used to carry persons or property for a charge.

However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision.

B. NON-OWNED WATERCRAFT
Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following:

This exclusion does not apply to:
(2) A watercraft you do not own that is:
(a) Less than 52 feet long; and
(b) Not being used to carry persons or property for a charge.

C. PROPERTY DAMAGE LIABILITY - ELEVATORS

1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations.

2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance:

The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis.

D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part:

1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability:
a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the follow- ing:

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to:
(i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days.

Paragraphs
(1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days.

A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance.
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Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in
Section III - Limits Of Insurance.

2. Paragraph 6. under Section III - Limits Of Insurance is replaced by the following:

6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to:
a. Any one premise:
(1) While rented to you; or
(2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or
b. Contents that you rent or lease as part of a premises rental or lease agreement.

3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant’s Property Damage) - Paragraph 9.a. of Definitions is replaced with the following:

9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract".

E. MEDICAL PAYMENTS EXTENSION
If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows:

Under Paragraph 1. Insuring Agreement of Section I - Coverage C - Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following:
(b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS - COVERAGES A AND B

1. Under Supplementary Payments - Coverages A and B, Paragraph 1.b. is replaced by the following:
b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds.

2. Paragraph 1.d. is replaced by the following:
d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time
off from work.

G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT

1. Paragraph 2. under Section II - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by:
a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or
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d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions:
(1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard".
(3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards:
(a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or
(b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance.

However:

1. The insurance afforded to such additional insured only applies to the extent permitted by law; and

2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured.

With respect to Paragraph

1.a. above, a person’s or organization’s status as an additional insured under this endorsement ends when:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project.

With respect to Paragraph

1.b. above, a person’s or organization’s status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends.

With respects to Paragraph

1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor.

The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage".

We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the
Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions.
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2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2.

Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability:

This insurance does not apply to:
a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including:
(1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services.
d. "Bodily injury" or "property damage" occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate
ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy.

3. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance:

If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance:
a. Required by the contract or agreement; or
b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns.

H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

Condition 4. Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows:
a. The following is added to Paragraph a. Primary Insurance:

If an additional insured’s policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured’s policy for damages we cover.
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When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured.

Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies.

I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy.

1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit:

An additional insured under this endorsement will as soon as practicable:
a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us;
b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and
c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part.
d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured.

2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in
Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy.

J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE

WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph
(1) (a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs
(1) (a) or (b) above; or
(d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d) ) does not
apply.

Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee’s" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 85 150 of
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The coverage provided by provision
J. is excess over any other valid and collectable insurance available to your "employee".

K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES
Paragraph 3. of Section II - Who Is An Insured is replaced by the following:

3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However:
a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you;
b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and
c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision.

L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations:

Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional.

M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit:

Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph

1. of Section II - Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee".

N. LIBERALIZATION CLAUSE
If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state.

O. BODILY INJURY REDEFINED
Under Section V - Definitions, Definition 3. is replaced by the following:

3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease.
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P. EXTENDED PROPERTY DAMAGE
Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following:
a. Expected Or Intended Injury
"Bodily injury" or "property damage" expected or intended from the standpoint of the insured.

This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property.

Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A

CONTRACT OR AGREEMENT WITH YOU
Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us:

We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided:

1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and

2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Process Date: 03/30/23 Policy Expiration Date: 05/10/24

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 72 WEC AA3EFL Endorsement Number:

Effective Date: 05/10/23 Effective hour is the same as stated on the Information Pa ge of the policy.

Named Insured and Address: Go2Zero Strategies, LLC
6625 N Calle Eva Miranda, Suite A
Irwindale CA 91702
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us

STAFF REPORT
City of Lancaster
CC 9
6/27/2023
JC
Date: June 27, 2023
To: Mayor Parris and City Council Members
From: Sonya Patterson, Director – Parks, Arts, Recreation, and Community Services Subject:Re-authorization to Acquire Government Surplus Property Recommendations:

1. Approval the renewal of the City of Lancaster’s eligibility and authorization with the Federal Surplus Property Program (FSPP) to acquire surplus property.

2. Authorize the City Manager, or his designee, to execute all associated documents, subject to City Attorney approval.

Fiscal Impact:

None at this time.

Background:

The City of Lancaster’s Authorization to acquire surplus government property with the Federal Surplus Property Program (FSPP) expires on July 6, 2023. The City must renew its request to secure government surplus, including a variety of items, such as vehicles, equipment, furniture, buildings, and aircraft. Surplus items can be of value to the community - The City acquired the aircraft on display at Boeing Plaza to honor its long history of aviation and aerospace.

In the event the City requests a new acquisition it will only incur costs for shipping and handling fees. The one-time fee is 10% of the federal acquisition cost of the federal surplus property obtained from the FSPP, apart from aircraft which is charged a flat $5,000 fee. The City has not acquired federal surplus property since its $5,000 acquisition of an aircraft in October 2017. The City would also be responsible for covering the cost of surplus property transportation, storage, and disposal.

SP:ac
Attachment:

Resolution _Form SASP 202 (Rev 3/15)

DEPARTMENT OF GENERAL SERVICES
NAME (Print or Type) TITLE SIGNATURE* E-MAIL ADDRESS
A.
*Note: All signatures must be in original form. No copied or stamped signatures B. The above resolution was PASSED AND ADOPTED this day of ,20 , by the Governing Board of the:
by the following vote: AYES: ; NOES: ; ABSENT:

I, Clerk of the Governing Board known as
Signed by:
/ /
C. AUTHORIZED this day of 20 , b y:
/
/
/ /
STATE OF CALIFORNIA AGENCIES ARE REQUIRED TO PROVIDE THEIR STATE BILLING CODE:

Title

STATE OF CALIFORNIA

OFFICE OF FLEET AND ASSET MANAGEMENT

ELIGIBILITY APPLICATION (NEW)
SASP 202 (Rev 3/15)
Do hereby certify that the foregoing is a full, true and correct resolution adopted by the governing board of the below named organization at the meeting thereof held at its regular place of meeting on this date and by the vote above stated, a copy of said resolution is on file in the principap office of the Governing Board.

Name of Organization
Mailling Address
City
Street Address
ZIP Code
Signature of Administrative Officer
County
Printed Name of Chief Administrative Officer
1700 National Drive | Sacramento, CA 95834

RESOLUTION
NOTE: ALL LOCAL GOVERNMENT & NON-PROFIT INCORPORATED ORGANIZATIONS HAVE A GOVERNING BOARD, THEREFORE COMPLETE ONLY SECTIONS "A" & "B". THE FOLLOWING SECTION "C" IS FOR STATE AGENCIES ONLY "BE IT RESOLVED by the Governing Board, and hereby ordered that the offical(s) and/or employee(s) whose name(s), title(s), and signature(s) are listed below shall be and is (are) hereby authorized as our representative(s) to acquire surplus property through the auspices of the California State Agency for Surplus Property and accept responsibility for payment of incidental fees by the surplus property agency under the Terms and Conditions accompanying this form or listed on the reverse side of this form."
Agency Name
City
OFFICE OF FLEET AND ASSET MANAGEMENT | State of California |Government Operations Agency Zip Code County
23 City of Lancaster
Lancaster City Council
City of Lancaster
44933 Fern Avenue
Lancaster
93536
Los Angeles
Organization Name
L
L
Jason Caudle
City Manager
[email protected]
Trolis Niebla
Asst. City Manager
[email protected]
Sonya Patterson
Director PARCS
[email protected]
a

STAFF REPORT
City of Lancaster
CC 10
6/27/2023
JC
Date:June 27, 2023
To: Mayor Parris and City Council Members
From:Larissa De La Cruz, Director – Community Development Gabe Nevarez, Assistant Director – Beautification and Special Districts Travis Lange, Supervisor – Beautification and Special Districts Subject:Third Amendment to Amended and Restated Agreement for the Collection of Solid Waste
Recommendations:

1. Approve Third Amendment to Amended and Restated Agreement for the Collection of Solid Waste in reference to Amended and Restated Agreement for the Collection of Solid Waste effective May 22, 2007 (“Restated Agreement”) and Second Amendment to Amended and Restated Agreement for the Collection of Solid Waste effective June 26, 2018 (“Second Amendment”) between the City of Lancaster and Waste Management (WM) of Antelope Valley.

2. Authorize the City Manager, or his designee, to approve and sign all documents relating to this amendment and future amendments.

Fiscal Impact:

On or before June 30, 2023, both the City and WM will ensure that all Consumer Price Index (CPI) adjustments and franchise fee payments have been brought current or have been scheduled to be brought current under the terms of the Restated Agreement and Amendments.

Background:

The State SB1383 Short-Lived Climate Pollutant Reduction Act and the regulations associated with it are in full force. In order to implement the necessary compliance programs, City staff has been working with WM. As the City’s Solid Waste Franchisee WM is an integral part of the City’s efforts to meet these new State rules. Some of the required programs are recycling of organic waste, outreach to explain the new laws and what solid waste material goes into which bin, providing information needed for annual reporting to the State, and rolling out services for recycling and organics collection to all impacted businesses. This amendment helps to further these efforts and implementation of the City’s recently approved Organics Ordinance per State law.

This Third Amendment also formalizes and details the impacts of the standard single-family 1 3
2 6
residence solid waste billing through the property taxes. It makes clear the responsibilities required of both entities for ensuring this ongoing method of billing is accurate and provides for ongoing service to the community.

Over the years of the franchise there have been changes in the events and locations WM services.

Updating those services is an important part of contract management and ensuring both parties have a clear understanding of expectations. The proposed amendment captures those changes and helps the agreement more accurately reflect current operations.

The City’s partnership with WM has helped to address the State’s ever changing regulations, provide for vital solid waste services in the community, and support various events and expanding programs over the years.

Attachment:

Waste Management Third Amendment to Amended and Restated Agreement for the Collection of Solid Waste June 2023

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THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR THE

COLLECTION OF SOLID WASTE

THIS THIRD AMENDMENT TO AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION OF SOLID WASTE (“Third Amendment”) is executed on June 27` , 2023 and is entered into by the City of Lancaster, a municipal corporation (“City”) and Waste Management of California, Inc., a California corporation, dba Waste Management of Antelope Valley (“Company”).

RECITALS:

The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (Public Resources Code Section 49100, et seq.; hereinafter the “Act”) established a sol id waste management process that requires cities and other local jurisdictions to implement source reduction, reuse, and recycling as integrated waste management practices.

City and USA Waste of California, Inc., an affiliate of Company, entered into tha t certain agreement entitled Amended and Restated Agreement for the Collection of Solid Waste (the “Underlying Agreement”), dated May 22, 2007.

City and Company entered into that certain agreement entitled First Amendment to Amended and Restated Agreemen t for the Collection of Solid Waste (the “ First Amendment”), dated December 14, 2012. Among other things, the First Amendment assigned the Underlying Agreement from USA Waste of California, Inc. to Company.

City and Company also entered into that certain Second Amendment to Amended and Restated Agreement for the Collection of Solid Waste (the “Second Amendment”), executed by the City on June 26, 2018.

City and Company desire to amend the Underlying Agreement, as amended by the First Amendment and Second Amendment (the “ Amended Agreement ,” and together with this Third Amendment, the “ Agreement”), to provide for additional collection services by Company, amend Customer billing and payment procedures, and provide for an adjustment to Company’s compensation and rates effective as of July 1, 2022, among other things.

In accordance with California Public Resources Code Section 40059(a)(2), the City has determined that the public health, safety, and well-being require that an exclusive franchise be awarded to a qualified company for the collection, transportation, recycl ing, processing, and disposal of solid waste, and for other services related to meeting the diversion goals of AB 939, AB 341 and SB 1383.

The Parties expressly agree that each of the charges, fees and payments set forth herein constitutes a charge imposed for the specific benefit conferred upon the Company and privilege granted directly to the Company that is not provided to those not charged, and that such charges, fees and payments do not exceed the reasonable costs to the City of conferring the benefit or granting the privilege to Company. NOW, THEREFORE, for good and valuable consideration and the mutual covenants contained herein, the parties agree as follows:

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1. Effective Date. The effective date of this Third Amendment is July 1, 2022.

2. Definitions. The following terms shall have the meanings ascribed to them below. Capitalized terms used in this Third Amendment but not defined herein shall have the meanings ascribed in the Amended Agreement; provided however that capitalized terms used in this Third Amendment but not defined herein or in the Amended Agreement shall be defined as set forth in 14 CCR Section 18982(a).
“Disbursement Report” has the meaning ascribed to it in Section 12.1.1. “Excluded Waste” means biohazardous or biomedical waste, Hazar dous Substances, sludge, Special Waste, used cooking FOG (fats, oil, grease, and similar materials), explosives, firearms, automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines, lead-acid batteries, dead animals, and those wastes under the control of the Nuclear Regulatory Commission. Excluded Waste also includes any material that is prohibited from being collected, transported, or processed by Company or disposed of in Class III landfills, or that would, as a result of or upon Collection, transportation, processing and/or disposal, be a violation of Applicable Law or would present a significant risk to human health or the environment, or requires special handling. Excluded Waste also includes materials containing information (in hard copy or electronic format, or otherwise) which information is protected or regulated under any local, state or federal privacy or data security laws, including, but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended. “Food Scraps” means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. “Food-Soiled Paper” means compostable paper material that is mixed in with Food Waste.
“Food Waste” means source separated Food Scraps, Food-Soiled Paper. “Multi-Family Account” means an Account for Solid Waste collection and recycling services provided at a property used for residential purposes with more than one dwelling unit. “Organic Waste” means waste containing material originated from living organisms and their metabolic waste products including, but not limited to, Food Waste, Green Waste, untreated lumber, untreated wood, paper products, printing and writin g paper, and manure.

Notwithstanding the foregoing, paper products and printing and writing paper shall be as defined in 14 CCR Section 18982(a)(51) and 14 CCR Section 18982(a)(54), and shall be treated by Company as Recyclable Materials under this Agreeme nt. Organic Waste does not include Excluded Waste.

“Refuse” means “Solid Waste” as defined in California Public Resources Code, Division 30, Part 1, Chapter 2, Section 40191. Excluded from the definition of Refuse are Excluded Waste, Construction and Demolition Waste, Recyclable Materials, and Organic Waste.

“Residential Additional Services” means the following services invoiced to Residential Accounts by Company in accordance with Section 10.3 and provided at the rate(s) set forth on

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Exhibit 1:

• Additional Carts (as described in Section 5.1, Section 5.8 , and Section 5.9 of the Agreement);
• Bin Service (as described in Section 5.3 and Section 5.9 of the Agreement); • Temporary Solid Waste Roll-off Service (as described in Section 5.4) of the Agreement; • On-Call Bulky Waste Pickup in excess of four Collections per year (as described in Section 5.5 of the Agreement);
• Electronic Waste collection services (as described in Section 5.7 of the Agreement); • On-premises Services (as described in Section 5.13.3 of the Agreement); and • Other Residential Bin -Related Service s (as described in Section 5.13.7 of the Agreement).

“Residential Standard Charges” means charges and fees for Residential Standard Service added to Customer’s Los Angeles County property taxes for each Operating Year as submitted by Company to the City in accordance with Section 10.3.

“Residential Standard Service” means the following services offered to Single -Family Accounts:

• Curbside Service of one (1) 96 -gallon Refuse Cart serviced weekly (as described in Section 5.1);
• Curbside Service of one (1) 64-gallon Recyclable Material Cart serviced weekly (as described in Section 5.8);
• Curbside Service of one (1) 64-gallon Organic Waste Cart serviced weekly (as described in Section 5.10);
• On-Call Bulky Item Pickup (as described in Section 5.5.1 of the Agreement) • Holiday Tree Collection (as described in Section 5.11 of the Agreement) • Fall Leaf Pick Up (as described in Section 5.12 of the Agreement) • Sharps Collection (as described in Section 5.13.5 of the Agreement) • Free Landfill Disposal (as described in Section 5.13.6 of the Agreement)

“Single-Family Account” means an Account for Solid Waste collection and recycling services provided at a property used for residential purposes with only one dwelling unit.

3. Section 1.8 of the Amended Agreeme nt is hereby superseded and replaced in its entirety to read as follows:

1.8 Bulky Waste

“Bulky Waste” is defined as the following:

• Discarded furniture (including chairs, sofas, mattresses, and rugs);

• Appliances (including refrigerators, ranges, washers, dryers, water heaters,

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dishwashers, small household appliances, and other similar items, commonly known as “white goods”);

• Yard Waste (including wood waste, tree trunks, and large branches if no longer than two (2) feet in diameter and four (4) feet in length, or yard waste less than (1) cubic yard);

• C&D Waste (including scrap wood, structural inert material, and debris from building remodeling less than one (1) cubic yard); and

• Bagged Refuse.

Bulky wastes do not include large items such as car bodies, or construction and demolition waste in amounts greater than approximately one (1) cubic yard, Jacuzzi tubs or spas, any other items that cannot be handled by two (2) persons, and waste tires. In addition, bulky wastes do not include any other item that in the future may be land banned by regulation.

4. Section 1.10 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

1.10 Can/Bag Service

[RESERVED].

5. The following language is added after the last sentence of Section 1.11:

Cart sizes vary depending on the manufacturer, and any reference to Cart sizes in this Agreement is an approximation.

6. Section 1.44 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

1.44 Recyclable Material

“Recyclable Material” means the materials identified in Exhibit 9 attached hereto and incorporated fully by this reference. Recyclable Material does not include Excluded Waste.

7. Section 1.52 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

1.52 Solid Waste

“Solid Waste” means Refuse, Special Waste, Recyclable Materials, Construction

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and Demolition Waste, Green Waste, and Organic Waste. Solid Waste does not include Excluded Waste.

8. Section 2.6.1.4 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

2.6.1.3 Organic Waste used for home composting, including Organic Waste that is composted or otherwise legally managed at the site where it is generated or at a Community Composting Site, as defined in 14 CCR Section 18982(a)(8).

9. Section 2.6.1.4 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

2.6.1.4 Source separated Recyclable Material and Organic Waste donated to youth, civic, or charitable organizations.

10. Section 2.6.1.5 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

2.6.1.5 Containers del ivered by a Customer to a recycling facility under the California Beverage Container Recycling Litter Reduction Act, Sections 14500, et seq ., California Public Resources Code.

11. A new Section 2.6.1.17 is added:

2.6.1.17 The hauling of byproducts from the processing of food or beverages and use of such materials as animal feed if the byproducts originate from agricultural or industrial sources, do not include animal (including fish) processing byproducts, are source separated by the Customer of the byproducts, and are not discarded, and if the use as animal feed is in accordance with 14 CCR Section 18983.1(b)(7). Organic Waste discarded by the Customer and collected by Company in accordance with this Agreement, as amended, and the SB 1383 Regulations shall not be considered food and beverage byproducts, and may not be collected by any third party for such purpose.

12. A new Section 3.5.4 is added:

3.5.4 In accordance with Article 10, Single -Family Accounts will have the charg es for Residential Standard Service added to their Los Angeles County property taxes. As such, prior to the Effective Date, the City requested and approved Company to charge a one -time AB 939 surcharge, charged in advance, to all Single -Family Accounts on Company’s final quarterly bill to such Customers in an amount of $9.36, such amount representing the AB 939 surcharge for the period of October 1, 2022 through June 30, 2023. Such AB 939 surcharge was charged and shall be collected by Company over and above the rates provided for in Section 12. For such

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AB 939 surcharges due after June 30, 2023, City shall include the applicable AB 939 surcharge on the property tax roll billing set forth herein.

13. Section 3.6 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

3.6 Impact Fee.

Commencing July 1, 2023, and each July 1 thereafter during the Term, Company shall pay to City an Impact Fee of one million two hundred thousand dollars ($1,200,000.00), to offset damage or degradation, if any, to the City’s infrastructure, including streets and sewers, and other impacts, includi ng aesthetic and noise impacts, caused by solid waste collection services during each Operating Year.

Payment shall be made within fifteen (15) days of July 1, 2023, and each July 1 thereafter during the Term. The service rate will be adjusted automatically to reflect any increase or decrease in the impact fee.

14. Section 5.2 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

5.2 Solid Waste Can Service

[RESERVED].

15. Section 5.8 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

5.8 Recyclable Material Cart Service

All Customers shall subscribe to and Company will provide weekly Cart Service for collection of Recyclable Material to all Residential Premises receiving Cart Service.

Company will provide each Residential Premises one (1) 64 -gallon Recyclable Material Cart. Customers may obtain one (1) additional Recyclable Material Carts from Company at no cost. Company may provide additional Recyclable Material Carts thereafter at the rate set forth in Exhibit 1. No discounts may be given for using smaller or no Carts. In addition, in the event that a Customer disposes more than the amount of Recyclable Material that will fit in its Cart three (3) or more times within any ninety (90) day period, Company may provide additional Containers or increase the volume of the Container(s) at the applicable rate(s) set forth in Exhibit 1.

16. Section 5.9 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

5.9 Recyclable Material Bin Service

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All Customers shall subscribe to and Company will provide Recyclable Material Collection services to all Residential Accounts receiving Bin Service that request these services at the rate set forth in Exhibit 1. Customers receiving Bin Service may obtain additional Recyclable Material Containers from Company at the rate set forth in Exhibit 1. In addition, in the event that a Customer regularly recycles more than the amount of Recyclable Material that will fit in its Container, Company may provide additional Container(s) or increase the volume of the Container(s) at the applicable rate(s) set forth in Exhibit 1.

17. Section 5.10 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

5.10 Organic Waste Cart Service.

All Customers shall subscribe to and Company will provide weekly Cart Service for collection of Organic Waste to all Residential Premises receiving Cart Service unless the City grants a Customer a de minimis waiver, physical space constraint, or collection frequency waiver in accordance with 14 CCR Section 18984.11 and notifies Company of such waiver. Company will provide each Residential Premises one (1) 64 -gallon Organic Waste Cart. Customers may obtain one (1) additional Organic Waste Carts from Company at no cost. Company may provide additional Organic Waste Carts thereafter at the ra te set forth in Exhibit 1. No discounts may be given for using smaller or no Carts. In addition, in the event that a Customer disposes of more than the amount of Organic Waste that will fit in its Cart three (3) or more times within any ninety (90) day period, Company may provide additional Cart(s) at the applicable rate(s) set forth in Exhibit 1.

18. Section 5.13.1 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

5.13.1 Contamination and Overage.

5.13.1.1 Contamination. Customers shall not place Prohibited Container Contaminants or Excluded Waste in any of their Containers. Contamination is defined as more than 10% by volume. In addition to Prohibited Container Contaminants and Excluded Waste, Company shall not be required to Collect or process any Organic Waste or Recyclable Materials that are not accepted for processing by any facility to which Company delivers such Organic Waste or Recyclable Material for processing under this Agreement..

If the Company identifies contamination in a Container, Company shall follow the contamination protocols outlined in Section 5. 13.1.3, and the Customer may be subject to a Contamination Fee as provided herein.

5.13.1.2 Overage. Customers shall not overfill a Container in a manner that exceeds

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the capacity of the Container or prevents the safe collection of the Container by Company. Customers shall not dispose of Solid Waste, O rganic Waste, or Recyclable Material by placing such materials on top of or around the Containers for Collection. If the Company identifies Overage in a Container, Company shall follow the overage protocols outlined Section 5.13.1.3, and the Customer may be subject to an Overage Fee as provided herein.

5.13.1.3 Contamination and Overage Fee; Noticing Procedures . Company shall follow the following contamination and overage noticing procedures:

First and Second Occurrence . For the first and second occurrence within a twelve (12) month period of contamination or overage for a particular Container, Company shall Collect the contaminated or overfilled Container and shall deliver to the Customer a contamination violation notice that contains instructions on the proper procedures for sorting Solid Waste. Company shall notify the Customer by phone, U.S. mail, e -mail, text, other electronic means that for the third and subsequent incidents of excess contamination or overfilling of the Container the Customer may be charged a contamination or overage fee, as applicable, and Company may increase the Container size, Collection frequency, or require an additional Container. Company shall document such contamination or overage.

Third and Subsequent Occurren ces. For the third or subsequent occurrence within a twelve (12) month period of contamination or overage for a particular Container, Company shall collect the contaminated or overfilled Container and may charge the Customer a contamination or overage fee as set forth in Exhibit 1. Company shall continue providing Collection services. Company shall notify the Customer by phone, U.S. mail, e-mail, text, or other electronic means of such contamination or overage. Company shall provide (or have provided) photographic documentation to the Customer that clearly shows the Customer’s contamination, as applicable, and written notices of contamination or overage, as described above. Company may also increase the Container size, Collection frequency, or require an additional Container. Company shall document such contamination or overage. City shall consult with Company and consider, and pursue as applicable, appropriate legal remedies against the offending Customer to discontinue the contamination or overage.

19. Section 5.13.4 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

5.13.4 Self-Haul Exception

[RESERVED].

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20. Section 6.5 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

6.5 Recyclable Material

All Commercial Accounts shall subscribe to and Company will provide a minimum of weekly Bin or Cart Service for collection of Recyclable Material to all Commercial Accounts that do not have a City approved service waiver.

Company will provide each Commercial Premises one (1) 64-gallon Recyclable Material Cart. Additional Containers requested by Commercial Accounts or provided by Company shall be provided at the rate set forth in Exhibit 1. No discounts may be given for using smaller or no Carts. In addition, in the event that a Customer disposes of more than the amount of Recyclable Material that will fit in its Bin or Cart more than once in any twelve-month period, Company may provide additional Containers or increase the volume of the Container(s) at the applicable rate(s) set forth in Exhibit 1.

21. Section 6.6.3 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

6.6.3 Contamination and Overage.

6.6.3.1 Contamination. Commercial Premises shall not place Prohibited Container Contaminants or Excluded Waste in any of their Containers. Contamination is defined as more than 10% by volume. In addition to Prohibited Container Contaminants and Excluded Waste, Company shall not be required to Collect or process any Organic Waste or Recyclable Materials that are not accepted or able to be processed by any facility to which Company delivers such Organic Waste or Recyclable Material for processing under this Agreement. If the Company identifies contamination in a Container, Company shall follow the contamination protocols outlined in Section

6.6.3.3, and the Custome r shall be subject to a Contamination Fee as provided herein.

6.6.3.2 Overage. Customers shall not overfill a Container in a manner that exceeds the capacity of the Container or prevents the safe collection of the Container by Company. Customers shall not dispose of Solid Waste, Organic Waste, or Recyclable Material by placing such materials on top of or around the Containers for Collection. If the Company identifies Overage in a Container, Company shall follow the overage protocols outlined Section 6.6.3.3, and the Customer may be subject to an Overage Fee as provided herein.

6.6.3.3 Contamination and Overage Fee; Noticing Procedures . Company shall follow the following contamination and overage noticing procedures:

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First and Second Occurrence . For the first and second occurrence within a twelve (12) month period of contamina tion or overage for a particular Container, Company shall Collect the contaminated or overfilled Container and shall deliver to the Customer a contamination violation notice that contains instructions on the proper procedures for sorting Solid Waste. Compa ny shall notify the Customer by phone, U.S. mail, e -mail, text, other electronic means that for the third and subsequent incidents of excess contamination or overfilling of the Container the Customer may be charged a contamination or overage fee, as applic able, and Company may increase the Container size, Collection frequency, or require an additional Container. Company shall document such contamination or overage.

Company may also increase the Container size, Collection frequency, or require an additional Container. Company shall document such contamination or overage. City may consult with Company and consider, and pursue as applicable, appropriate legal remedies against the offending Customer to discontinue the contamination or overage.

22. Section 6.6.4 of the Amended Agreement is hereby deleted and removed in its entirety, and shall have no force or effect.

23. A new Section 6.7 is added:

6.7 Organic Waste

All Commercial Accounts shall subscribe to and Company will provide Cart Service for collection of Organic Waste no less than once per week to all Commercial Accounts unless the City grants the Commercial Account a de minimis waiver, physical space constraint, or collection frequency waiver in acc ordance with 14 CCR Section 18984.11 and notifies Company of such waiver. Company will provide each Commercial Account one (1) 64 -gallon Organic Waste Cart. Commercial Accounts may obtain additional Organic Waste Carts from Company at the rate(s)

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set forth in Exhibit 1. No discounts may be given for using smaller or no Carts. In addition, in the event that a Commercial Account disposes of more than the amount of Organic Waste that will fit in its Cart, three (3) or more times within any ninety (90) day period, Company may provide additional Container(s), increase the volume of the Containers(s), or increase frequency of Collection at the applicable rate(s) set forth in Exhibit 1.

24. Section 7.3 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

7.3 Provision of Roll-Off Containers

Company shall provide two (2) 40-cubic yard roll-off containers at the City’s Maintenance Yard, located at 615 W. Avenue H., Lancaster, California 93534, for use by the City’s Public Works department. Company shall service such roll-off containers twice per week.

25. Section 7.6 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

7.6 “Lookin’ Good Lancaster Program

[RESERVED].

26. Section 7.11 of the Amended Agreement is hereby superseded and replaced in its entire ty to read as follows:

7.11 Weekly Illegal Dump Alley Collection.

[RESERVED].

27. Section 7.12 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

7.12 Bicycle Redistribution Program.

[RESERVED].

28. Section 7.13 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

7.13 Operation CleanSweep.

Upon the request of City, Company will implement one or a combination of the programs described below, not to exceed an annual aggregate fair market value of

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fifty thousand dollars ($50,000) per Operating Year for all programs.

29. Section 7.13.1 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

7.13.1 [RESERVED].

30. Section 7.13.3 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

7.13.3 Community Restoration Program. Providing up to forty -eight (48) roll -off containers each Operating Year for the collection of Refuse and d ebris from neighborhoods and public spaces. Upon forty -eight (48) hours’ notice, Company shall deliver the roll-off container(s) to the location(s) specified by the City and haul away such roll -off container(s) upon notification that the event is complete. City shall be responsible for ensuring that no Hazardous Substances are loaded into the roll-off containers, and the roll-off container is not filled over the capacity limit.

31. Section 8.3 of the Amended Agreement is hereby superseded and replaced in its e ntirety to read as follows:

8.3 Cart Specifications.

All new Carts placed in service after July 1, 2022 shall comply with color and labeling requirements specified in 14 CCR Section 18984.7 and 14 CCR Section 18984.8 respectively, provided that existing Carts are not required to comply with the requirements of 14 CCR Section 18984.7 until the end of their u seful life or January 1, 2036, whichever is sooner.

32. A new Section 8.12 is added:

8.12 SB 1383 Route Review

Commencing on or before October 1, 2022, the Company shall conduct Hauler Route reviews for Prohibited Container Contaminants in Collection Containers in a manner that is consistent with 14 CCR Section 18984.5(b) and is conducted in a manner that results in all Hauler Routes being reviewed at least annually as set forth below.

8.12.1. Methodology and Frequency

Company shall conduct route reviews of Company’s Hauler Routes utilizing WM Smart Truck℠ Technology. Collection trucks will be equipped with GPS and image capture technology.

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Hauler Routes will be reviewed for Prohibited Container Contaminants in Bins and Carts such that a minimum of five percent (5%) of Bins and Carts on every Hauler Route are reviewed annually. The data collected from Hauler Route reviews will be analyzed and instances of contamination will be recorded. Notices of recorded contamination incidents will be sent to Customers along with targeted education materials. A report of instances identified during the review period and notices sent will be provided to the City in accordance with Section 14.4.1 to supplement City’s annual reporting to CalRecycle.. Company shall submit any proposed modifications to the route review methodology for the coming year to the City no later than June 30 of each fiscal year describing its proposed modification for the fiscal year. Such proposed modification shall comply with 14 CCR Section 18984.5(b).

8.12.2. Notice to Customers

Upon finding Prohibited Container Contaminants or Excluded Waste in a Bin or Cart during a Hauler Route review and in addition to Company’s obligations under Section 6.6.3.3, Company shall notify the Custom er by sending a notice by electronic means, including e -mail, text, or otherwise digital messaging, of assessment of a contamination processing fee, and/or non-collection notice to the Customer, as applicable. Except in instance of Excluded Waste present i n the Container(s), Company shall Collect the contaminated Bin or Cart and provide such notice as soon as reasonably practicable after identification of the Prohibited Container Contaminants or Excluded Waste.

8.12.3. Record Keeping and Billing

Company will maintain records of the non-collection notices, courtesy pick- up notices, and contamination/overage processing fee notices.

33. Section 9.1 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

9.1 End Uses for Organic Waste

Company will use reasonable efforts to divert from disposal Organic Waste collected through curbside collection and through holiday tree collections by delivering Organic Waste for processing to Kochergen Farms Composting, loca ted at 33915 Avenal Cutoff Road Avenal, California 93204, or an equivalent alternative solution that complies with 14 CCR Section 18983.1(b). Company will also use reasonable efforts to provide end uses for Organic Waste that maximize diversion credits for the City in accordance with 14 CCR Section 18993.1(f). Notwithstanding

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the foregoing, Company shall not be required to deliver Organic Waste collected under the Agreement to a facility or operation that does not accept such Organic Waste or is unable to process or recover such Organic Waste, as determined by that facility or operation.

34. Section 10.1 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

10.1 Instructions for Collection

Upon commencement of service at any new Account for services directly billed by Company or annually at the beginning of each Operating Year to those Customers directly billed by Company, Company shall distribute a list approved by the City of instructions describing the services provided by Company and the manner in which they will be conducted. At a minimum, the instruction shall include the information contained in Exhibit 5.

35. Section 10.2 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

10.2 Services Description

Company must annually, within fifteen (15) days prior to the effective date of a rate change, prepare and distribute a notice to each Account receiving services directly billed by Company to the Customer setting forth the rates charged to the Customer, annual holiday schedule, recycling programs offered, and a general summary of services required to be provided under this Agreement and optional services that may be furnished by the Company. This notice shall be in a form that is subject to the approval of t he City Manager or City Agent, which shall not be unreasonably withheld or delayed, prior to its distribution. The notice may be included with billings. The notice may also be included as part of the Company's public outreach and education plan.

36. Section 10.3 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

10.3 Residential Billing

On or about October 1, 2022, the City began charging all parcels zoned as single - family dwellings for Residential Standard Servi ce. The charges for such service were added to the Los Angeles County property taxes for each Single -Family Account. City is responsible for collecting payment from Single -Family Accounts in the form of a charge on the property tax roll. The initial tax as sessment covers services provided by Company commencing October 1, 2022, through June 30, 2023. Future annual assessments will cover Residential Standard Service provided

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from July 1 to June 30 of each year. Company shall continue to invoice Customers for Residential Additional Services (in accordance with Section 10.3), services provided to Multi-Family Accounts (in accordance with Article 5), and Commercial Services (in accordance with Article 6), each at the rate(s) set forth on Exhibit 1.

10.3.1 Company Final Invoice

Prior to the Effective Date and upon request of the City, Company processed a final quarterly invoice to all Single-Family Accounts receiving Residential Standard Services in July 2022 which covered service charges for the months of July, August, and September 2022 as well as the proration of the approved annual rate adjustment of 3.5% for that period. Company’s final quarterly invoice also included the AB 939 surcharge for the period of October 1, 2022 through June 30, 2023, as requested by the City and as further described in Section 3.5.4.

10.3.2 Additional Services

Company may provide Residential Additional Services upon request by a Residential Account. Company shall directly invoice such Customers for such Residential Additional Services in accordance with the rate(s) set forth on Exhibit 1. Charges and rates for such Residential Additional Services may be invoiced by Company in advance of providing such service(s) or prepaid by the Customer prior to receiving the Residential Additional Services.

10.3.3 Annual Reconciliation of Residential Accounts for Tax Roll Billing

On or before May 31 of each year, the City shall provide to Company a preliminary report of all Single-Family Accounts that will be invoiced via the local tax roll for services to be rendered in the next Operating Year (July 1 through June 30) (the “Preliminary Report”). The Preliminary Report shall identify each and every Single-Family Account and for each state the parcel’s assessor identification number (AIN), street address, own er name, and mailing address, if available. Thereafter, on or before July 5, Company shall provide to the City a report of Single-Family Accounts that were serviced by Company in the prior Operating Year, and the applicable Residential Standard Charges for each Single -Family Account and the total Residential Standard Charges for the applicable Operating Year (the “ Service Report ”). The Service Report shall also include a list of discrepancies between the City’s Preliminary Report and Com pany’s Service Report. On or before each July 15, Company and the City shall meet and confer in good faith to resolve any such discrepancies. Within ten (10) days of such meeting, Company shall provide to City, and City shall review and if appropriate confirm, a final report of Single -Family Accounts to be invoiced via the local tax roll in then - applicable year, including the Residential Standard Charges for each Single- Family Account, and the total Residential Standard Charges for the applicable

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Operating Year. The deadline for submittal to the County Tax Assessor’s Office is August 10 of each year.

The reports contemplated by this Section 10.3.3 shall be formatted as a Microsoft Excel spreadsheet or other such form as the parties may agree.

10.3.4 New Single-Family Accounts

For New Single -Family Accounts that commence Residential Standard Service after the Effective Date, the City shall direct the Single -Family Account to engage Company directly for Residential Standard Services.

Company shall invoice the Single-Family Account directly at the rate(s) set forth on Exhibit 1 until the City is able to add such Single -Family Account to the tax roll. The City shall add new Single-Family Accounts to its tax roll as follows:

• For new Single-Family Accounts that commence service prior to July 1 in any Operating Year, the City shall add the Single -Family Account to the local tax roll in the same calendar year.

• For new Single-Family Accounts that commence service on or after July 1 in an y Operating Year, the City shall add the Single -Family Account to the tax roll no later than the following fiscal year .

Company shall continue to invoice the Single -Family Accounts directly at the rate(s) set forth on Exhibit 1 until the City adds the Single-Family Accounts on the local tax roll in the following calendar year.

By way of example only, if a new Single -Family Account commences service on March 30, 2024, the City shall add the Account to the local tax roll no later than fiscal year 2024 -25. If a new Single -Family Account commences service on July 7, 2024, City shall add the Account to the local tax roll no later than fiscal year 2025-26.

37. Section 10.4.1 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

10.4.1 Senior Discounts

A senior discount will be provided to Residential Accounts receiving Cart Service where the head of household is sixty-two (62) years of age or older. Residents may apply annually to the C ompany, prior to the month of May, for the senior citizen discount during the next applicable Operating Year, including but not limited to, presentation of a driver’s license or other d ocumentation to verify age. C ompany shall process such applications for senior discount, and, upon approval thereof,

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Company shall provide a list to City of approved senior discounts. City shall arrange for senior discount rates on tax roll for approved customers.

38. Section 10.4.2 of the Amended Agreement is hereby deleted and removed in its entirety, and shall have no force or effect.

39. Section 10.6 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

10.6 Account Delinquency

10.6.1 Directed Billed Residential Account Delinquency

For Residential Standard Services provided by Company that are directly invoiced by Company to a Customer and Residential Additional Services directly invoiced by Company in accordance with Section 10.3, where the Customer does not timely pay the invoice resulting in a delinquency as set forth in the invoice, the accrued amount due will be recorded by Company.

Company may terminate Collection services until payment in full has been received, including any accrued interests, payment of a reacti vation fee in the amount set forth in Exhibit 1, and reimbursement of any NSF bank charges or other costs of collection of such payment. Company shall provide a list of such delinquent Accounts to the City and City shall add such delinquent Accounts as an additional charge on the City’s next property tax assessment.

10.6.2 Commercial Account and Multi-Family Account Delinquency

Company will provide Commercial Accounts and Multi -Family Accounts with a notice of delinquency in the event of non -payment after forty-five (45) days from the date of billing. If payment is not received within thirty (30) days from the date of the notice of delinquency, Company may terminate Collection services until payment in full has been received, including any accrued interest, payment of a reactivation fee in the amount set forth in Exhibit 1, and reimbursement of any NSF bank charges or other costs of collection of such payment. Company may charge interest on any delinquent Commercial Account or Multi-Family Account at the maximum annual rate allowed by law for such time as the bill remains unpaid after its due date, and a late fee of $3.00 per delinquent billing per Account.

Company’s billings shall contain statements advising the Accounts of Company’s right to charge intere st on delinquent bills. Company will provide the City a list of delinquent Commercial Accounts or Multi -Family Accounts upon written request.

10.6.3 Company’s Reservation of Legal Rights and Remedies

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Notwithstanding the foregoing, Company reserves its right to, and may take such action as is legally available to collect or cause collection of such past due amounts owed to Company for services provided under this Agreement, as amended.

40. Section 11.4.1 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

11.4.1 General

Company acknowledges that education and public awareness are essential elements of efforts to achieve AB 939 and SB 1383 requirements.

Accordingly, the Company will implement a public education program to expand Customer awareness concerning the necessity for methods of reducing, reusing, and recycling Solid Waste and reducing organic waste disposal. Company and City shall cooperate and work together in implementation of the public education program . The detailed public education program is described in Exhibit 6. By May 1 of each Operating Year, Company will submit a revised public education program for the upcoming Operating Year, which will include an estimated budget, for review and approval by the City Manager or the City Agent.

41. A new Section 11.5 is added:

11.5 SB 1383 Public Education and Outreach

Company shal l provide education and outreach to Customers regarding Organic Waste Collection services, using materials and in a manner to be mutually agreed upon by the parties . Not less than once per year during each Operating Year, Contractor shall prepare and distribute to each generator in the City a mailing that includes information specified in SB 1383 (14 CCR Section 18985.1(a)). Such mailer shall be distributed by Company to all Residential and Commercial mailin g addresses including individual Multi-Family Dwelling Units.

42. A new Section 11.6 is added:

11.6 Compliance Reviews

Subject to applicable law governing data security and privacy rights, Company shall, upon City’s request, assist City with its annual compliance review of Commercial Customers as set forth in 14 CCR Section 18995.1(a)(1)(A). Any such compliance review shall mean a “desk” review of records to determine the Commercial Customer’s compliance with 14 CCR Section 18984.9(a). Notwithstanding the foregoing, Company shall not have any obligation to inspect the premises of any

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Customer or pursue any enforcement action related to, or arising out of, 14 CCR Section 18995.1, Section 18995.3, and Section 18995.4, which remain the sole obligations of City pursuant to applicable law. Company is not required to perform any such “desk” review of Food Recovery Organizations, Food Recovery Services and other similar entities regulated by 14 CCR Division 7, Chapter 12.

43. Section 12.1 of the Amended Agreement is hereby superseded and replaced in its entirety to read as follows:

12.1 Compensation

12.1.1 Residential Standard Charges. Within thirty (30) days of City’s receipt of tax disbursement payments from Los Angeles County for Residential Standard Services provided by Company, City shall notify Company of City’s receipt thereof. City shall deliver such payments received from Los Angeles County to Company within thirty (30) days of City’s receipt thereof.

Together with each tax disbursement payment paid to Company by the City, the City shall provide a report to Company detailing, at a minimum, for each Single-Family Account: the parcel assessor identification number (AIN), the street address, the applicable Residential Standard Charges and the portion of such tax disbursement payment attributable to each Single-Family Account (a “Disbursement Report”). The Disbursement Report shall be formatted as a Microsoft Excel spreadsheet or other such form as the parties may agree.

In the event that the tax disbursement payments paid to Company by City are less than the full Residential Standard Charges due to Company for any Operating Year, the City shall pay to Company the difference between the amounts received by City and the Residential Standard Charges on or before July 31 of the next Operating Year (each a “Shortfall”). Company shall post such payment against the Residential Standard Charges.

12.1.2 Subsequent Collections by City. In the event that City pays to Company a Shortfall for any Operating Year in accordance with Section 12.1.1, City shall be entitled to retain an y subsequent collections, late charges, fees, or payments received by City from delinquent accounts related to the Shortfall for such Operating Year.

12.1.3 Delay of Payment. Notwithstanding anything to the contrary in this Agreement, in the event that City’s payment of any amounts owed to Contractor as set forth in Section 12.1.1 are delayed or not paid in full for any reason, Company may delay payment of the Solid Waste Cont ract Fee to City until such time as Company receives the Shortfall payment from City.

After receiving the Shortfall payment, Contractor shall pay the Solid Waste

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Contract Fee related to such Shortfall within thirty (30) days following the close of the next calendar quarter in accordance with Section 3.4.3.

30. A new Section 14.4 is hereby added:

14.4 SB 1383 Reporting.

In order to comply with the requirements of SB 1383, w ithin twenty (20) days after the end of each month, Company shall provide a monthly report, in full compliance with SB 1383 reporting requirements, to the City covering the most recently completed month. Such report shall contain the information set forth in Section s

14.4.1 and 14.4.2 below and be provided in a format mutually agreed upon between Company and City.

14.4.1 Contamination Monitoring Report. Company’s report shall include the following information regarding route reviews conducted by Company under this Agreement:

14.4.1.1. Documentation of route reviews conducted pursuant to 14 CCR Section 18984.5(b), as described and in accordance with 14 CCR Section 18995.1, including a description of the process for determining the level of contamination and the number of route reviews conducted;

14.4.1.2. Documentation of “desk” compliance reviews conducted by Company under Section 5, in accordance with 14 CCR Section 18995.1, and the number of contamination notices, contamination fees issued to Customers, or targeted education materials issued to customers for Prohibited Container Contaminants, as applicable;

14.4.1.3. Copies of all documentation related to route reviews, “desk” compliance reviews, and notices issued to customers with Prohibited Container Contaminants; and

14.4.1.4. Documentation of the number of con tainers where the contents were disposed due to observation of Prohibited Container Contaminants.

14.4.2. Compliance Report. Company’s report under this section shall include:

14.4.2.1. The total number of Customers receiving each type of Organic Waste collection services;

14.4.2.2. The number of Organic Waste Customers and Commercial Edible Food Generators that received information and the type of education and outreach used;

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14.4.2.3. The number of complaints that were received and reviewed by Company under Section 42; and

14.4.2.4. Copies of information provided to customers related to SB 1383, including the date that the information was distributed to Customers, the number of accounts receiving the information, if applicable, in accordance with 14 CCR Section 18985.3.

14.4.3. Implementation Record . Company shall provide information and documentation needed for the City’s implementation record related to its performance of this Agreement with respect to waivers and exemptions as required under 14 CCR Section 18984.14 and procurement of recovered organic waste as required under 14 CCR Section 18993.2.

14.4.4. Confidentiality. Company acknowledges that City is legally obligated to comply with the Califor nia Public Records Act (“CPRA”). City acknowledges that Company may consider certain records, reports, or information contained therein, which Company is required to provide to City under this Agreement, to be of a proprietary or confidential nature. In su ch instances, Company will inform City in writing of which records are considered propriety or confidential. At such time as City receives a request for records under the CPRA or Federal Freedom of Information Act or a subpoena or other court order requesting disclosure of the records, City shall notify Company of the request, subpoena or order and of City’s obligation and intent to provide a response within 10 days. Company shall within five days either: (i) consent in writing to the disclosure of the records; or (ii) seek and obtain, at Company’s sole cost and expense, the order of a court of competent jurisdiction staying or enjoining the disclosure of the records.

31. The current Exhibit A-1, Exhibit B-1, and Exhibit C-1 are hereby deleted in their entirety and replaced with Exhibit 1 attached hereto and incorporated by reference as though fully set forth herein.

32. The current Exhibit 2 is hereby deleted in its entirety and marked as “[RESERVED].”

33. The current Exhibit 3 is hereby superseded and replaced with E xhibit 3 attached hereto and incorporated by reference as though fully set forth herein.

34. The current Exhibit 4 is hereby superseded and replaced with Exhibit 4 attached hereto and incorporated by reference as though fully set forth herein.

35. The current Exhibit 5 is hereby superseded and replaced with Exhibit 5 attached hereto and incorporated by reference as though fully set forth herein.

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36. Each party to this Third Amendment hereby represents and warrants to the other party that: (a) it has the full right, power, and authority to enter into this Third Amendment and to perform its obligations hereund er; and (b) the execution of this Third Amendment by the individual whose signature is set forth at the end of this Third Amendment on behalf of such party, and the delivery of this Third Amendment by such party, have been duly authorized by all necessary action on the part of such party.

37. This Third Amendment may be executed in counterparts, each of which is deemed an original, but all of which constitute one and the same agreement. Delivery of an executed counterpart of this Third Amendment electronically or by facsimile shall be effective as delivery of an original executed counterpart of this Third Amendment.

38. This Third Amendment constitutes the sole and entire agreement between the parties with respect to the subject matter contained herein, and supers edes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

In Witness Whereof, the parties hereto have caused this Second Amendment to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER: WASTE MANAGEMENT OF
CALIFORNIA, INC.

Jason Caudle Date
City Manager
Mike Hammer Date
President – Southern California Area

ADDRESS FOR NOTICE:

CITY OF LANCASTER
44933 Fern Avenue
Lancaster, CA 93534

ADDRESS FOR NOTICE:

Waste Management of California, Inc.

Attn: Assistant General Counsel
9081 Tujunga Ave.

Sun Valley, CA 91352
ATTEST: DIRECTOR

______________________ ______________________
City Clerk Department Director

APPROVE AS TO FORM:

_______________________
City Attorney

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Exhibit 1

EXHIBIT 1

RATE SCHEDULE

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Exhibit 3

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Exhibit 3

EXHIBIT 2

[RESERVED]

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Exhibit 3

EXHIBIT 3

CITY FACILITIES RECEIVING FREE SERVICE

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Exhibit 4

EXHIBIT 4

CITY EVENTS RECEIVING FREE SERVICE

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Exhibit 5

EXHIBIT 5

CUSTOMER INSTRUCTIONS

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Exhibit 7

EXHIBIT 6

EDUCATION AND PUBLIC AWARENESS PLAN

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Exhibit 7

EXHIBIT 7

RATE ADJUSTMENT EXAMPLES

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Exhibit 7

EXHIBIT 9

RECYCLABLE MATERIALS
Exhibit 1 | Rate Schedule

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Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Exhibit 1 - Rate Schedule
City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Residential Service
Residential Service charges are a monthly rate, plus an Integrated Waste Management Surcharge (AB 939), unless otherwise specified.

Residential Standard Service Monthly Rate AB 939
Residential Standard Service – Three Carts [One (1) 96-gallon Refuse Cart, one (1) 64-gallon Recyclable Material Cart and one (1) 64- gallon Organic Waste Cart], serviced one-time per week
$ 38.86 $ 1.08
Residential Standard Service [[One (1) 96-gallon Refuse Cart, one (1) 64-gallon Recyclable Material Cart and one (1) 64-gallon Organic Waste Cart] with Senior Citizen Discounted Rate
$ 30.21 $ 1.08
Mobile Home Park Service – Three Carts [One (1) 64-gallon Refuse Cart, one (1) 64-gallon Recyclable Material Cart and one (1) 64- gallon Organic Waste Cart], serviced one-time per week
$ 36.96 $ 1.08
Additional 96-Gallon Refuse Cart, Each $ 21.68 $ 1.08
Second Additional 64-Gallon Organic Waste Cart, Each [First Additional Cart is provided upon request at no charge] $ 18.06 $ 1.08 Second Additional 64-Gallon Recyclable Material Cart, Each [First Additional Cart is provided upon request at no charge] $ 18.06 N/A Extra Bag Pickup, Each $ 4.62 N/A
Residential Contamination Fee, Per Container $ 27.10 N/A Bulky Item Pickup, Each [Exceeding four (4) items per pickup, chargeable per item, or exceeding four (4) pickups per year, chargeable per item]
$ 27.10 N/A
Electronic Waste Pickup, Each [Exceeding four (4) items per pickup, chargeable per item, or exceeding four (4) pickups per year, chargeable per item]
$ 27.10 N/A
On-Premise Service Fee [Non-Disabled] $ 45.14 N/A
Exhibit 1 | Rate Schedule

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Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Commercial Refuse Cart Service Rates
Commercial Refuse Cart Service includes one-time per week service of one (1) 96-gallon Refuse Cart, one (1) 64-gallon Recyclable Material Cart and one (1) 64-gallon Organic Waste Cart.

Commercial Refuse Service (per month charge unless noted) Monthly Rate AB 939 96-Gallon Refuse Cart, 1 pickup/week $ 52.09 $ 0.54
96-Gallon Refuse Cart, extra pickup $ 49.61 N/A
Commercial Refuse Bin Service Rates
Commercial Refuse Bin Service is provided in one or more Refuse Bins in the Customer’s selected quantities, sizes, and service frequency, are charged at monthly rate per Bin, plus an Integrated Waste Management Surcharge (AB 939), unless otherwise specified. All combinations of Refuse Bin service include one-time per week service of one (1) 64-gallon Recyclable Material Cart and one (1) 64-gallon Organic Waste Cart at no additional charge.

Commercial Refuse Service (per month charge unless noted) Service Rate AB 939 1 Cubic Yard Bin, 1 pickup/week $ 104.25 $ 1.00
1 Cubic Yard Bin, 2 pickup/week $ 188.24 $ 1.96
1 Cubic Yard Bin, 3 pickup/week $ 252.05 $ 3.02
1 Cubic Yard Bin, 4 pickup/week $315.98 $ 4.02
1 Cubic Yard Bin, Extra Pickup, Per Container $ 99.20 N/A

1.5 Cubic Yard Bin, 1 pickup/week $ 127.78 $ 1.50

1.5 Cubic Yard Bin, 2 pickup/week $ 228.54 $ 3.02

1.5 Cubic Yard Bin, 3 pickup/week $ 315.98 $ 4.49

1.5 Cubic Yard Bin, 4 pickup/week $ 366.39 $ 5.96

1.5 Cubic Yard Bin, Extra Pickup, Per Container $ 99.20 N/A 2 Cubic Yard Bin, 1 pickup/week $ 147.93 $ 1.96
2 Cubic Yard Bin, 2 pickup/week $262.17 $ 3.97
2 Cubic Yard Bin, 3 pickup/week $ 356.35 $5.92
2 Cubic Yard Bin, 4 pickup/week $ 460.46 $ 3.98
2 Cubic Yard Bin, Extra Pickup, Per Container $ 99.20 N/A 3 Cubic Yard Bin, 1 pickup/week $211.76 $3.02
3 Cubic Yard Bin, 2 pickup/week $336.17 $ 5.96
3 Cubic Yard Bin, 3 pickup/week $510.86 $ 8.99
3 Cubic Yard Bin, 4 pickup/week $ 655.46 $ 11.97
3 Cubic Yard Bin, 5 pickup/week $ 682.28 $ 15.01
3 Cubic Yard Bin, 6 pickup/week $ 749.54 $ 17.97
3 Cubic Yard Bin, Extra Pickup, Per Container $ 99.20 N/A 4 Cubic Yard Bin, 1 pickup/week $ 245.37 $ 4.02
4 Cubic Yard Bin, 2 pickup/week $ 450.40 $ 7.97
4 Cubic Yard Bin, 3 pickup/week $ 638.65 $11.97
4 Cubic Yard Bin, 4 pickup/week $ 826.83 $15.96
4 Cubic Yard Bin, 5 pickup/week $ 937.70 $ 20.02
4 Cubic Yard Bin, 6 pickup/week $ 1,001.60 $ 23.97
Exhibit 1 | Rate Schedule

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Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
4 Cubic Yard Bin, Extra Pickup, Per Container $ 99.20 N/A 6 Cubic Yard Bin, 1 pickup/week $ 332.77 $ 5.96
6 Cubic Yard Bin, 2 pickup/week $ 561.29 $ 11.97
6 Cubic Yard Bin, 3 pickup/week $ 736.09 $ 17.97
6 Cubic Yard Bin, 4 pickup/week $ 981.45 $ 23.97
6 Cubic Yard Bin, 5 pickup/week $ 1,092.38 $ 29.92
6 Cubic Yard Bin, 6 pickup/week $ 1,230.12 $ 35.98
6 Cubic Yard Bin, Extra Pickup, Per Container $ 99.20 N/A Commercial Recyclable Material Bin Service Rates
Commercial Recyclable Material Bin Service is provided in one or more Recyclable Material Bins in the Customer’s selected quantities, sizes, and service frequency, charged at a monthly rate per Bin, unless otherwise specified. As noted under Refuse Bin Services, one (1) 64-Gallon Recyclable Material Cart, serviced one-time per week, is included with all Refuse Bin Service levels.

Commercial Recyclable Material Bin Service Rates
Bin Size /
Service
Frequency
1 x week 2 x week 3 x week 4 x week 5 x week 6 x week
Extra
Pickup,
each
1 Cubic Yard $ 40.47 $ 73.08 $ 97.85 $ 122.67 N/A N/A $32.74

1.5 Cubic Yard $ 49.61 $ 88.72 $ 122.67 $ 142.24 N/A N/A $32.74 2 Cubic Yard $ 57.43 $ 101.78 $ 138.34 $ 174.75 N/A N/A $32.74 3 Cubic Yard $ 82.81 $ 130.50 $ 198.32 $ 254.47 $ 264.87 $ 290.98 $32.74 4 Cubic Yard $ 95.25 $ 174.85 $ 247.93 $ 320.98 $ 364.03 $ 388.83 $32.74 6 Cubic Yard $ 129.19 $ 217.90 $ 285.76 $ 381.01 $ 424.08 $ 477.55 $32.74 Commercial Organic Waste Service Rates
Commercial Organic Waste Service is offered in 64-gallon Carts at a frequency of one to three times per week on specified days (Monday, Wednesday and/or Friday).

Container Count/Service
Frequency 1 pickup/week 2 pickups/week 3 pickups/week
First 64-Gallon Organic Waste
Cart
Included with all Refuse
Bin Service levels $52.09 $104.17
Additional 64-Gallon Organic
Waste Cart, Per Cart $52.09 $ 104.17 $156.27
Industrial Service Rates
Industrial Services are charged per container, plus the applicable disposal, processing and/or handling charge per ton and the Integrated Waste Management Surcharge (AB 939), unless otherwise specified.

Industrial Services Rate AB 939
Temporary Rolloff Box Pull Charge, Per Container $ 430.27 $ 14.91 Cardboard Rolloff Pull Charge (Flat Rate, No Per Ton Charge), Per Service $ 201.09 $ 14.91
Compactor Box Pull Charge, Per Container $ 655.97 $ 14.91 Temporary Container Rental Charge, Per Day (After 7 Days) $ 11.28 N/A Exhibit 1 | Rate Schedule

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Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Relocation Charge, Per Container $ 120.66 N/A
Dry Run Charge, Per Container $ 120.66 N/A
Refuse Disposal, Per Ton $ 69.54 N/A
Commingled Recyclable Material Processing, Per Ton $ 128.43 N/A Organic Waste / Green Waste Processing, Per Ton $ 119.78 N/A Clean Wood Waste Recycling/Reuse, Per Ton $ 51.46 N/A
Clean Concrete / Asphalt Recycling/Reuse, Per Ton $ 14.47 N/A Clean Fill Dirt Recycling/Reuse, Per Ton $ 12.88 N/A
C&D Processing, Per Ton $ 82.71 N/A
C&D Transport and Handling Charge, Per Ton $ 25.88 N/A
Additional Service Rates/Charges (Residential/Commercial) Additional Services Rate
Temporary Bin (3 cubic yard) Delivery/Removal (Includes 7-day rental) $ 192.29 Temporary Bin, Extra Pick Up, Per Collection $ 99.30
Temporary Bin Rental Charge, Per Day (Exceeding Initial 7-day rental) $ 13.43 Account Activation Charge $ 28.43
Bin Exchange, Per Instance (Exceeding 1 Exchange Per Year) $ 134.29 Bulky Item Pick up - Commercial (Each Item) $ 31.67
Cart Replacement Charge, Each (beyond ordinary wear and tear) $ 135.25 Contamination Charge – Commercial, Per Container $ 47.99 Contamination Charge – Residential, Per Container $ 27.04 Lock Lids - Commercial (per month, per bin) $ 48.68
Phone Payment Service Charge $ 14.44
Push Out Service - Flat rate (Over 15 feet from container location) $ 38.92 Account Reactivation Charge $ 45.09
Trip Charge - Commercial $ 47.99
Overweight Charge - Commercial (Exceeding 300 pounds per yard) $ 95.92 Exhibit 3 | City Facility Service Locations

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City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Exhibit 3 - City Facility Service Locations
City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Facility Location Street Address Service Level
Park, Recreation and Cultural Facilities
American Heroes Park 710 W Kettering St. (4) - 3CY Refuse Bins x 1/week Community Center 44611 Yucca Ave.
(1) - 3CY Refuse Bin x 1/week
(1) - 3CY Recyclable Material Bin x
1/week
(1) - 64gal Organic Waste Cart x 1/week
Deputy Pierre Bain Park / Eastside
Pool 45045 5th St. East (2) - 3CY Refuse Bins x 2/week
El Dorado Park 44501 5th St. East (2) - 3CY Refuse Bins x 2/week Forrest Hull Park 30th St. West & W.

Ave. L-12 (1) - 3CY Refuse Bin x 3/week
Jane Reynolds Park 716 W. Oldfield St. (2) - 4CY Refuse Bins x 1/week Lancaster Municipal Stadium 45116 Valley Central
Wy.
(1) - 40CY Roll Off x 1/week
(1) - 30CY Roll Off x 1/week
(6) - 3CY Refuse Bins x 5/week
Mariposa Park 737 W. Ave. H-6 (1) - 4CY Refuse Bin x 1/week MOAH 665 W. Lancaster Blvd.
(2) - 3CY Recyclable Material Bins
(1) - 64gal Recyclable Material Cart x
1/week
MOAH Cedar 44857 Cedar Ave. (2) - 4CY Refuse Bins x 1/week National Soccer Center 43000 30th St. East
(2) - 10CY Roll Offs - On Call
(4) - 25CY Roll Offs x 1/week
(2) - 10CY Recyclable Material Roll Offs -
On Call
(6) - 3CY Refuse Bins x 1/week
(1) - 3CY Recyclable Material Bin x
1/week
Performing Arts Center 750 W. Lancaster Blvd.
(1) - 3CY Refuse Bins x 2/week
(1) - 3CY Recyclable Material Bins x
2/week
Prime Desert Woodlands Preserve 43201 35th St. West (1) - 3CY Trach Bin x 1/week Rawley Duntley Park 3334 W. Ave. K (1) - 3CY Refuse Bin x 3/week Sgt. Steve Owen Memorial Park 43063 10th St. West
(3) - 30CY Roll Offs x 2/week
(1) - 1.5CY Refuse Bin x 1/week
(5) - 2CY Refuse Bins x 3/week
(2) - 3CY Refuse Bins x 3/week
Skytower Park 43434 Vineyard Dr. (2) - 3CY Refuse Bins x 1/week Tierra Bonita Park 44910 27th St. East
(2) - 10CY Roll Off - On Call
(1) - 25CY Roll Off - On Call
(2) - 3CY Refuse Bins x 1/week
Exhibit 3 | City Facility Service Locations

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City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Facility Location Street Address Service Level
Western Hotel Museum 557 W. Lancaster Blvd. (1) - 96gal Refuse Cart x 1/week Whit Carter Park 45635 Sierra Hwy. (1) - 3CY Refuse Bin x 1/week City Hall, Offices, Maintenance and Storage Facilities
Annex 845 Kildare St. West (1) - 30CY Roll Off - On Call (3) - 3CY Refuse Bin x 1/week
City Hall 44933 Fern Ave.
(2) - 3CY Refuse Bins x 3/week
(1) - 3CY Recyclable Material Bin x
5/week
Office Space 44814 Cedar Ave. (1) - 1.5CY Refuse Bin x 1/week Public Works Maintenance Yard -
Rolloff Services 615 W. Ave. H
(4) - 25CY Street Sweeping RO x 5/week
(1) - 10CY Concrete RO on call
(2) - 30CY Illegal Dumping RO x 3/week
and 2/week
(1) - 40CY Organic Waste RO on call
(1) - 40CY Tires RO on call
Public Works Maintenance Yard -
Commercial Services 615 W. Ave. H
(1) - 3CY Refuse Bin x 2/week
(1) - 3CY Refuse Bin x 1/week
(1) - 3CY Recyclable Material Bin x
2/week
Other City Facilities
BLVD Refuse Receptacles (10th
Street West to Sierra Highway) Lancaster Blvd. (36) - 96gal Refuse Carts x 2/week Community Garden 44758 1/2 Elm Ave.
(2) - 64gal Recyclable Material Carts x
1/week
(2) - 64gal Organic Waste Carts x 1/week
(1) - 96gal Refuse Cart x 1/week
Economic Development Center 104 E. Ave. K-4
(1) - 1.5CY Refuse Vin x 3/week
(1) - 3CY Recyclable Material Bin x
3/week
(2) - 3CY Refuse Bins x 1/week
Metrolink Station 44812 Sierra Hwy. (2) - 3CY Refuse Bins x 5/week University Center 45356 Division St.
(2) - 3CY Refuse Bin x 1/week
(1) - 1.5CY Recyclable Material Bin x
2/week
(1) - 3CY Recyclable Material Bin x
1/week
Neighborhood Homes
Neighborhood Home 43745 12th St. West
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
Neighborhood Home 302 E. Ave. J-12
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
Exhibit 3 | City Facility Service Locations

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City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Facility Location Street Address Service Level
Neighborhood Home 45304 5th St. East
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
1St Missionary Baptist Church -
Neighborhood Home 422 Langsford St.
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
AV Partners for Health -
Neighborhood Home 45534 Gadsden Ave.
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
AV Partners for Health -
Neighborhood Home 44381 Stanridge Ave.
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
AV Partners for Health -
Neighborhood Home 1102 W. Ave. H-5
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
AV Partners for Health -
Neighborhood Home 43057 39th St. West
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
Central Christian Church -
Neighborhood Home 43028 Guyman Ave
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
First Baptist Church of Lancaster -
Neighborhood Home 45740 Kingtree Ave.
(1) - 64gal Organic Waste Cart x 1/week
(1) - 64gal Recyclable Material Cart x
1/week
(1) - 96gal Refuse Cart x 1/week
Exhibit 4 | City Events Services

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City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Exhibit 4 - City Events Services
City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Event Name / Approximate Date Service Level
Poppy Festival – April
(5) - 30-yard Refuse Roll-offs
(1) - 30-yard Recyclable Material Roll-off
(60) - 96-gallon Refuse carts
(60) - 96-gallon Recyclable Material carts
Earth Day – April (9) - 40-yard Refuse Roll-offs
Annual Tent Revival Event – August (1) - 40-yard Refuse Roll-off Antelope Valley Fair (Fair Time Service) - August (7) - 40-yard MSW Roll-offs Dumpsters emptied every day of fair
Celebrate America – September
(1) - 30-yard Recyclable Material Roll-off
(20) - 96-gallon Refuse carts
(20) - 64-gallon Recyclable Material carts
Streets of Lancaster – September/October
(2) - 40-yard Recyclable Material Roll-off
(30) - 96-gallon Refuse carts
(30) - 64-gallon Recyclable Material carts
BooLVD/Haunt at the Hanger – October (30) - 96-gallon Refuse carts (1) - 40-yard Refuse Roll-off
Field of Drafts – October/November (1) - 30-yard Refuse Roll-off Magical Christmas BLVD – December (1) - 40-yard Refuse Roll-off (30) - 96-gallon Refuse carts
AV Walls – September (40) - 96-gallon Refuse carts
Annual Justice Sunday - January (1) - 40-yard Refuse Roll-off Antelope Valley Fair (Fair Time Service) (7) - 40-yard Refuse Roll-offs Open Streets Event (Walk & Roll) - September (1) - 40-yard Refuse Roll-off (80) - 96-gallon Refuse carts
Bark at the Park - October (40) - Event Boxes
Exhibit 5 | Customer Instructions

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City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Exhibit 5 – Customer Instructions
As outlined in Section 10.1, upon commencement of service at any new Account for services directly billed by Company or annually at the beginning of each Operating Year to those Customers directly billed by Company, Company shall distribute a list approved by the City of instructions describing the services provided by Company and the manner in which they will be conducted.

At a minimum, the instruction shall include the following information:
•A list of holidays where Collection occurs on a delayed schedule; •The location where Containers shall be placed on the Premises for Collection service and the type of Containers to be used for disposing of Refuse, Organic Waste and Recyclable Material; •A statement regarding the fee established by the City Council for Collection services and that such fees are mandatory;
•A list of the Refuse materials accepted in the Refuse Container; •A list of the Recyclable Material accepted in the Recyclable Material Container; •A list of Organic Waste materials accepted in the Organic Waste Container; •If a residential account, information about additional services and special programs, such as Bulky Item Collection, Fall Leaf Collection, Holiday Tree Collection, Landfill Vouchers, Sharps Mail Back Program and the Senior Citizen Discount/Rebate; and •Any other information relating the Refuse Collection program reasonably requested by the City Agent.

Exhibit 9 | Acceptable Recyclable Materials

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City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Exhibit 9 – Acceptable Recyclable Materials
City of Lancaster
Waste Management of California, Inc., dba Waste Management of Antelope Valley Effective July 1, 2023
Single Stream Recyclable Materials
Acceptable Materials Unacceptable Materials
Paper
•White paper, colored paper, envelopes,
junk mail, soft cover books/manuals,
glossy paper, brown paper bags,
packaging, wrapping paper and
carbonless paper
•Paper tissues, paper towels, paper with
plastic coating (i.e. photographs, label
paper), paper with food, waxed paper, foil
lined paper, hardcover books/manuals,
Tyvek (non-tearing) envelopes, and non-
paper bags
Cardboard
•Cardboard, chipboard/boxboard,
milk/juice cartons, egg cartons
•Waxed cardboard
Aluminum and Tin
•Empty aluminum cans, empty aerosol
cans
•Tin cans, loose jar lids
Glass
•Glass including empty glass beverage
containers, empty glass food containers,
all glass colors
Windows, mirrors, dishware, ceramics, light
bulbs, fluorescent tubes, Pyrex or similar material
Plastic
•Empty PET bottles #1, HDPE bottles #2,
plastics #3, #4, #6 and #7, HDPE bottles
#5
•Plastic liners (i.e. cereal bags), bubble
wrap, plastic film
Other
•Wood furniture, Styrofoam, solid waste,
hazardous waste, fiberglass materials,
tarps, textiles, clothes, shoes, E-Waste, U-
Waste, and small manufactured goods
(i.e. purses, handbags, and backpacks)

STAFF REPORT
City of Lancaster
CC 11
6/27/2023
JC
Date:June 27, 2023
To: Mayor Parris and City Council Members
From:Jason Caudle, City Manager
Subject:First Amendment to the Agreement between the Antelope Valley Air Quality Management District (AVAQMD) and the City of Lancaster
Recommendations:

1. Approve the First Amendment to the Agreement between the Antelope Valley Air Quality Management District (AVAQMD) and the City of Lancaster amending Section 13 in its entirety, to include Operational Oversight, naming Barbara Lods as the Executive Director, setting initial classification and compensation, and designating at-will employee status;

2. Authorize the City Manager to finalize terms and conditions of the proposed First Amendment and execute the final First Amendment.

Fiscal Impact:

None. The Agreement provides for all City costs to be reimbursed by AVAQMD.

Background:

The Agreement for services between the City and AVAQMD is for a period of five (5) years commencing on October 1, 2022 and ending on June 30, 2027, with an option to continue for two (2) more years under the same terms and conditions, unless earlier terminated, extended, or modified. This First Amendment to the Agreement provides Operational Oversight by providing the services of a Director to act in the capacity of Air Pollution Control Officer (APCO)/Executive Director, serving as an at-will employee of the City.

Attachment:

First Amendment to Agreement
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FIRST AMENDMENT TO AGREEMENT BETWEEN THE

ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT

AND THE CITY OF LANCASTER
This amendment (Amendment) is made between the ANTELOPE VALLEY AIR

QUAILITY MANAGEMENT DISTRICT (AVAQMD) AND THE CITY OF LANCASTER (CITY).

RECITALS
WHEREAS, AVAQMD is the local agency with the Primary responsibility for the control of air pollution from all sources other than vehicular sources within the local jurisdiction (Health & Safety Code §39002, 40000); and
WHEREAS, AVAQMD has a jurisdiction as described in Health & Safety Code §41300(b) and more particularly described in AVAQMD Rule 103; and WHEREAS, the CITY OF LANCASTER is within the jurisdiction as described in Health & Safety Code §41300(b);

WHEREAS, the AVAQMD and the CITY have by that certain agreement dated August 24, 2022 (Agreement) agreed that AVAQMD will contract from the CITY certain services necessary to provide air pollution control services including human resources, staffing and fiscal administration adequate to meet the regulatory and legislated responsibilities of an air quality management district within the AVAQMD jurisdiction; and WHEREAS, the CITY agreed to provide such services consistent with all applicable laws and regulations pursuant to the provisions of this Agreement; and WHEREAS, certain changes in personnel have occurred, requiring amendment of the Agreement; and
WHEREAS, the AVAQMD and the CITY together agree to amend the Agreement pursuant to the provisions of Title 1, Division 7, Chapter 5, Article 1 of the California Government Code (commencing with §6500).

In consideration of the mutual covenants and conditions the AVAQMD and the CITY agree as follows:
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TERMS AND CONDITIONS

1.AMENDMENT TO SECTION 13. Section 13 of the Agreement is hereby deleted in its entirety and replaced with the following:

13. OPERATIONAL OVERSIGHT
A. The CITY OF LANCASTER will provide the services of a Director to act in the capacity of the Air Pollution Control Officer (APCO)/Executive Director of AVAQMD. It is acknowledged and understood that the position of Executive Director is unique and that the person serving in this position must have the full confidence of the Governing Board of the AVAQMD.

Accordingly, the Governing Board of the AVAQMD with a 75% majority will have the right, at any time, to request the removal of the Air Pollution Control Officer (APCO)/Executive Director or any replacement thereof from the position of Executive Director. The replacement for the position of Executive Director will be subject to the review and approval of AVAQMD Governing Board and AVAQMD will be responsible for and shall defend and indemnify the CITY OF LANCASTER from and against any and all costs, expenses, liabilities and/or claims incurred by the CITY OF LANCASTER(i) with regard to the removal of the Air Pollution Control Officer (APCO)/Executive Director pursuant to this Paragraph 13.A., and (ii) to locate and hire any replacement Air Pollution Control Officer (APCO)/Executive Director.

B. The initial Executive Director of AVAQMD pursuant to this Amendment will be Barbara Lods, whose initial classification and compensation shall be as a “Director 2000, Step 1” on the CITY OF LANCASTER’s compensation and classification schedule, with a starting salary as of the execution hereof of $86.36 per hour ($14,969.18 per month).

Any removal of Barbara Lods from this position pursuant to the provisions of paragraph 13.A., above, will result in her removal from employment with the CITY OF LANCASTER.

C. The Governing Board of the AVAQMD reserves the right to contract separately for operation oversight of the AVAQMD office. The CITY OF LANCASTER will provide reasonable access to its records and personnel for such oversight. Such third party hired for oversight may direct day to day operations under this Agreement as well as oversee actions of staff to provide services under this Agreement, however such third party shall not have the right to change the scope or nature of Services under this Agreement nor exercise any personnel related authority under the CITY OF LANCASTER’s policies and procedures including, but not limited to, performance reviews 3 | P a g e
and discipline of CITY OF LANCASTER personnel. Nothing in this provision shall prevent either the AVAQMD Governing Board or any person contracted to provide operation oversight from providing input, advice and consultation regarding AVAQMD issues.

2. AMENDMENT TO EXHIBIT A. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A hereto.

3. EFFECTIVE DATE
This Amendment shall be effective July 1, 2023, for the term specified in Section 2 of the Agreement.

4. NO OTHER CHANGES
Except as amended by this Amendment, all provisions of the Agreement shall remain in full force and effect and shall govern the actions of the Parties.

This Agreement is executed in the cCity of Lancaster, County of Los Angeles.

ANTELOPE VALLEY AIR QUALITY CITY OF LANCASTER

MANAGEMENT DISTRICT
BY: ____________________________ BY: __________________________ Bret Banks, APCO Jason Caudle, City Manager
DATED: _______________________ DATED: _______________________ Approved as to Legal Form
_______________________________
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5 | P a g e

ACKNOWLEDGMENT AND CONSENT

TO FIRST AMENDMENT TO AGREEMENT BETWEEN THE

ANTELOPE VALLEY AIR QUALITY MANAGEMENT DISTRICT

AND THE CITY OF LANCASTER
The undersigned hereby expressly acknowledges and consents to the terms of that certain First Amendment to Agreement Between the Antelope Valley Air Quality Management District (“AVAQMD”) and the City of Lancaster (“City”) dated _______, 2023 (the “Amendment”), including, but not limited to:

1. That the person serving in the position of Air Pollution Control Officer (“APCO/Executive Director”) must have the full confidence of the Governing Board of the AVAQMD.

2. That the Governing Board of the AVAQMD with a 75% majority will have the right, at any time, to request the removal of the undersigned as APCO/Executive Director.

3. That as APCO/Executive Director, the undersigned is an at-will employee not entitled to due process rights pursuant to Skelly v. State Personnel Board (1975) 15 Cal.3d 194.

This Agreement is executed in the City of Lancaster, County of Los Angeles on this ____ day of _________, 2023.
__________________________
Barbara Lods

STAFF REPORT
City of Lancaster
CC 12
06/27/23
JC
Date: June 27, 2023
To: Mayor Parris and City Council Members
From: Jason Caudle, City Manager
Subject:First Amended and Restated Joint Powers Agreement For the Antelope Valley Fairgrounds Authority
Recommendations:

1. Approve the Amended and Restated Joint Powers Agreement For the Antelope Valley Fairgrounds Authority;

2. Authorize the Vice Mayor or City Manager, or their designee, in consultation with the City Attorney to negotiate and finalize terms and execute the final Amended and Restated Joint Powers Agreement For the Antelope Valley Fairgrounds Authority.

Fiscal Impact:

None.

Background:

On July 26, 2011, the City and the 50 th District Agricultural Association entered into a Joint Powers Agreement to form the Antelope Valley Fairgrounds Authority. The parties now desire to add the City of Palmdale and County of Los Angeles as parties to the Authority.

Attachment:

First Amended and Restated Joint Powers Agreement For the Antelope Valley Fairgrounds Authority
4870-2108-9898v2/022283-0548

FIRST AMENDED AND RESTATED

JOINT EXERCISE OF POWERS AGREEMENT

FOR THE

ANTELOPE VALLEY FAIRGROUNDS AUTHORITY

THIS FIRST AMENDED AND RESTATED JOINT EXERCISE OF POWERS

AGREEMENT FOR THE ANTELOPE VALLEY FAIRGROUNDS AUTHORITY (“Restated Agreement”) is entered into as of July ___, 2023 (“Effective Date”) by and between CITY OF LANCASTER, a California municipal corporation and charter city (“Lancaster”), 50TH DISTRICT AGRICULTURAL ASSOCIATION, a California agricultural district (“Association”), CITY OF PALMDALE, a California municipal corporation (“Palmdale”), and COUNTY OF LOS ANGELES, a political subdivision of the State of California (“County”) (Lancaster, Palmdale, Association, and County are each a “Party” and collectively the “Parties”).

R E C I T A L S
A. Pursuant to section 4171 of the California Food and Agricultural Code and provisions of the Joint Exercise of Powers Act (Cal. Gov’t Code §§ 6500-6599.3) (“Act”), Lancaster and Association entered into that certain Joint Exercise of Powers Agreement dated July 26, 2011 (“Original Agreement”), creating the Antelope Valley Fairgrounds Authority (“Authority”). The Original Agreement was amended by that certain First Amendment to Joint Exercise of Powers Agreement (“First Amendment” and, together with the Original Agreement, the “AVFA Joint Powers Agreement”).

B. The Parties desire to amend and restate in its entirety the AVFA Joint Powers Agreement to, among other things, add Palmdale and County as members of the Authority.

NOW, THEREFORE, the Parties, for and in consideration of the mutual promises and agreements herein contained, do agree as follows:

ARTICLE I

DEFINITIONS
Section 1.1.Definitions. Unless the context otherwise requires, the words and terms defined in this Article I shall, for the purpose hereof, have the meanings herein specified. “Act” means Article 3.8 of Chapter 6 of Part 3 of Division 3 of the Food and Agricultural Code.
“Agreement” means this Joint Exercise of Powers Agreement. “Association” means the 50th District Agricultural Association. “Associate Member” shall mean any Local Agency that shall have duly executed and delivered to the Authority an Associate Membership Agreement in the form and as further provided in the Bylaws of the Authority.
4870-2108-9898v2/022283-0548
“Authority” means the Antelope Valley Fairgrounds Authority established pursuant to Section 2.2 of this Agreement.
“Board” means the Board of Directors of the Authority referred to in Section 2.3, which shall be the governing body of the Authority.
“Directors” means the individuals appointed to the Board pursuant to Section 2.3. “Calendar Year” means the period from January 1st to and including the following December 30th.
“City” means the City of Lancaster.
“Law” means Articles 1 through 4 (commencing with section 6500) of Chapter 5 of Division 7 of Title 1 of the California Government Code. “Local Agency” means a Member or an agency or subdivision of that Member or any other city, county, city and county, authority, district or public corporation of the State. “Members” means the parties to this agreement, the City of Lancaster and the 50th District Agricultural Association.
“Secretary” means the Secretary of Food and Agriculture of the State. “State” means the State of California.

ARTICLE II

GENERAL PROVISIONS
Section 2.1.Purpose. This Agreement is made pursuant to the Law and the Act providing for the joint exercise of powers common to the City and the Association and for other purposes as pe1mitted under the Law and the Act and as agreed by one or more of the parties hereto. The purpose of this Agreement is to provide for the operation, maintenance, and improvement of the facilities and functions of the Association.

Section 2.2.Creation of Authority. Pursuant to the Law and the Act, there is hereby created a public entity to be known as the “Antelope Valley Fairgrounds Authority” (the “Authority”). The Authority shall be a public entity separate and apart from the Members, and shall administer this Agreement.

Section 2.3.Board of Directors.
(a)The Authority shall be administered by a Board of Directors consisting of eight (8) Directors.
(b)The members of the Board shall be appointed as follows:
4870-2108-9898v2/022283-0548
(i)one member shall be designated by the State Senator for the District in which the Antelope Valley Fairgrounds are located, (ii)one member shall be designated by the State Assemblymember for the District in which the Antelope Valley Fairgrounds are located, (iii)two members shall be designated by the Mayor of the City of Lancaster, with concurrence of the City Council, and
(iv)one member shall be a member of the Board of Directors of the Association, shall be designated by such Board and serve as a liaison between the Board for the Authority and the Board for the Association.
(v)One member shall be a member of the Board of Directors of the Friends of the Antelope Valley Fair, Inc. and shall be designated by the Mayor of the City of Lancaster.
(vi)One member shall be designated by the Mayor of the City of Palmdale, with concurrence of the City Council.
(vii)One member shall be designated by the Los Angeles County Supervisor for the District in which the Antelope Valley Fairgrounds are located. (c)This Board shall be called the “Board of Directors of the Antelope Valley Fairgrounds Authority” (the “Board”). All voting power of the Authority shall reside in the Board. (d)After appointment of the initial Board, if by reason of the fo1mation of a new District, a director in one District becomes a resident of another District, his or her te1m of office as Director expires sixty (60) days after the formation of the new District.

Section 2.4.Term of Office.
(a)Subject to paragraphs (b) and (c) of this Section 2.4, the term of office of each director is two (2) years from the beginning of the term for which he or she is appointed. Any vacancy will be filled for the unexpired term.
(b)The term of office of each duly appointed director serving in office immediately preceding and as of the Effective Date shall be the remainder of that director’s existing term.
(c)The first term of office of each director added by this Restated Agreement shall be determined by drawing lots so that the first term of each such director coincides with the term of a director described in paragraph (b) of this Section 2.4. (d)There shall be no limit the number of times a member can be appointed to the Board.
4870-2108-9898v2/022283-0548
Section 2.5.Compensation. The Directors of the Board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for those expenses have been approved by the Board.

Section 2.6.Meetings of the Board.
(a)Regular Meetings. The Board shall provide for its regular meetings; provided, however, that at least one regular meeting shall be held each month. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be filed with each of the Members. (b)Special Meetings. Special meetings of the Board may be called in accordance with the provisions of section 54956 of the California Government Code. (c)Call, Notice and Conduct of Meetings. All meetings of the Board, including without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (section 54950 et seq. of the California Government Code).

Section 2.7.Attendance. Any Director who misses three (3) consecutive regular meetings of the Board without the permission of the Board is deemed to have resigned from the position of Director.

Section 2.8.Minutes. The Authority Secretary shall cause to be kept minutes of the meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director and to the Members.

Section 2.9.Voting. Each Director shall have one vote.

Section 2.10.Quorum; Required Votes; Approvals. A quorum of the Board shall be any five (5) voting members. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the Board.

Section 2.11.Bylaws. The Board may adopt, from time to time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof. Upon adoption of such bylaws, rules and regulations, the Board shall within thirty (30) days after the effective date of the adoption(s) thereto, cause a notice, setting forth the bylaws, rules and regulations adopted, to be prepared and filed with the office of the Secretary of State. The Board shall furnish an additional copy of the notice to the Secretary of State, who shall forward the copy to the Controller.

Section 2.12.Associate Members. Any Local Agency within the State of California may, with the approval of the Board of Directors, become an Associate Member of the Authority by executing and delivering to the Authority an Associate Membership Agreement in form and as further provided in the Bylaws. An Associate Member shall not be entitled to representation on the Board of Directors or to vote on any matter coming before the Board of Directors of the 4870-2108-9898v2/022283-0548
Authority. However, an Associate Member shall be entitled to participate in all programs and other unde1iakings of the Authority, including, without limitation, any unde1iaking to finance the acquisition, construction, installation and/or equipping of Public Capital Improvements, and any other financing program.

ARTICLE III

OFFICERS AND EMPLOYEES
Section 3.1.
(a)Chairperson. The chairperson shall be elected by the members of the Board of Directors. The chairperson shall call and preside at all meetings of the Board, sign all contracts and other documents, and the minutes of all meetings at which the chairperson is present. The chairperson shall perform such other duties as may be imposed by the Board. In case of the chairperson’s absence from a meeting, the vice-chairperson shall act as chairperson Pro Tempore. (b)Vice-Chairperson. The vice-chairperson shall be elected by the members of the Board of Directors. The vice-chairperson may sign contracts in place of the chairperson if the chairperson is absent from a meeting or is unavailable. (c)Secretary. The secretary shall be elected by the members of the Board of Directors. The secretary shall countersign all contracts signed by the chairperson or vice- chairperson on behalf of the Authority, perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State pursuant to the Law.

The secretary shall give notice of and keep the minutes of all meetings and prepare and have custody of all related records and papers. The Secretary shall sign the minutes of all meetings at which he or she is present. The secretary shall prepare the annual reports and any other reports required by the Board, shall prepare all notices and have charge of, handle and have access to all records of the Authority, unless related to accounts, funds and money, which are under the authority of the Treasurer.
(d)Executive Director. The Executive Director shall serve as the general manager of the Authority and shall supervise, direct, and control the Authority’s day-to-day activities, affairs, and administration. The Executive Director shall have such other powers and duties as the Board or the Bylaws may prescribe. As an alternative to employing an Executive Director, the Autho1ity may contract with another entity to provide administrative services.

Section 3.2.Treasurer. The Board shall designate as Treasurer and Auditor (“Treasurer”) either the treasurer of one of the Members or one of the Authority’s officers or employees. The Treasurer shall be the depositary, shall have custody of all of the accounts, funds and money of the Authority from whatever source, shall have the duties and obligations set fo1th in sections 6505 and 6505.5 of the Law and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. As provided in sections 6505 and 6505.6 of the Law, the Treasurer shall make arrangements with a certified public accountant or firm of certified public accountants for the audit of accounts and records of the 4870-2108-9898v2/022283-0548
Authority. Pursuant to section 6505(c) of the Law, a report thereof shall be filed as public records with each of the Members to this Agreement and also with the county auditor of the county where the home office of the joint powers authority is located. The report will be sent to any public agency or person in California that submits a written request to the Authority. The report shall be filed within twelve (12) months of the end of the calendar year or years under examination. The Treasurer has full authority pursuant to section 6504 of the Law.

Section 3.3.Bonding Persons Having Access to Funds and Accounts. All bond requirements as set forth in the Law are hereby incorporated. From time to time, the Board may designate persons, in addition to the Authority Secretary and the Treasurer, to have charge of, handle or have access to any records, funds of accounts or any Funds and Accounts of the Authority, and the respective amounts of the official bonds of the Authority Secretary and the Treasurer and such other persons as set forth in 6505.1 of the Law.

Section 3.4.Legal Advisor. The Board shall have the power to appoint the legal advisor to the Authority who shall perform such duties as may be presc1ibed by the Board.

Section 3.5.Other Employees. The Board shall have the power by resolution to appoint and employ such other employees, consultants and independent contractors as may be necessary for the purposes of this Agreement. With respect to an employee of the Association who chooses to continue his or her employment with the State, the Authority shall contract with the Association for the services of the employee consistent with his or her civil service classification and status as provided in the Act, with approval from the California Department of Food and Agriculture.

Section 3.6.All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, workers’ compensation and other benefits which apply to the activities of officers, agents, or employees of a public agency when performing their respective functions shall apply to the officers, agents or employees of the Authority to the same degree and extent while engaged in the performance of any of the functions and other duties of such officers, agents or employees under this Agreement.

Except as provided above, none of the officers, agents, or employees directly employed by the Board shall be deemed, by reason of their employment by the Board to be employed by the City or the Association or, by reason of their employment by the Board, to be subject to any of the requirements of the Members.

Section 3.7.Assistant Officers. The Board may by resolution appoint such assistants to act in the place of the Secretary or other officers of the Authority (other than any Director) and may by resolution provide for the appointment of additional officers of the Authority who may or may not be directors, as the Board shall from time to time deem appropriate.

ARTICLE IV
POWERS
4870-2108-9898v2/022283-0548
Section 4.1.General Powers. The Authority shall exercise, in the manner desc1ibed herein, the powers which are common to each of the Members, or as otherwise permitted under the Law and the Act and necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.4.

As provided in the Act, the Authority shall be a public entity separate from the Members.

The Authority shall have the power to acquire and to finance the acquisition of Public Capital Improvements for the operation of a Member and to acquire Bonds of a Member as deemed necessary and consistent with the purpose of operating, maintaining and improving the facilities and functions of the Association.

Section 4.2.Power Authorized by the Law and the Act. All powers and obligations set forth in the authorizing statute for this Agreement are hereby incorporated by reference, if not already identified, and all authority is reserved as granted in the Law and the Act.

Section 4.3.Specific Powers. The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers, including but not limited to, any or all of the following:
(a)to make and enter into contracts;
(b)to employ agents or employees, subject to the limitations of the Act; (c)to acquire, construct, manage, maintain or operate the facilities now owned by the Association;
(d)to sue and be sued in its own name;
(e)to issue bonds and otherwise to incur debts, liabilities or obligations, provided that no such bond, debt, liability or obligation shall constitute a debt, liability or obligation of the Members;
(f)to apply for, accept, receive and disburse grants, loans and other aids from any agency of the United States of America or of the State; (g)to invest any money in the treasury pursuant to section 6505.5 of the Act which is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local agencies, pursuant to section 53601 of the California Government Code;
(h)to apply for letters of credit or other form of financial guarantees in order to secure the repayment of bonds and enter into agreements in connection therewith; and (i)to carry out and enforce all the provisions of this Agreement. 4870-2108-9898v2/022283-0548
Section 4.4.Restrictions on Exercise of Powers. The powers of the Authority shall be exercised in the manner provided in the Law and the Act.

Section 4.5.Obligations of Authority. The debts, liabilities and obligations of the Authority shall not be the debts, liabilities and obligations of the Members. The General Fund of the State and the Fair and Exposition Fund of the State shall be held harmless from all debts, liabilities, settlements, judgments, or liens incurred by the joint powers agency, and that neither the state nor any agency or division thereof shall be liable for any contract, tort, action or inaction, error in judgment, mistake, or other act taken by the Authority, or any of its employees, agents, servants, invitees, guests, or anyone acting in conce11 with, or on behalf of, the Authority. The State of California is not liable for any debts, liabilities, settlements, liens, or any other obligations incurred by or imposed upon the Auth01ity.

Section 4.6.Liability of Board Members, Officers, Associate Members and Employees. The members of the Board, officers, associate members and employees of the Authority shall use ordinary care and reasonable diligence in the exercise of their power and in the performance of their duties pursuant to this Agreement. They shall not be liable for any mistake of judgment or any other action made, taken or omitted by them in good faith, nor for any action taken or omitted by any agent, employee or independent contractor selected with reasonable care, nor for loss incurred through investment of Authority funds, or failure to invest.

No director, officer, associate member or employee shall be responsible for any action taken or omitted by any other director, officer, associate member or employee.

The funds of the Authority shall be used to defend, indemnify and hold harmless the Authority and any director, officer, associate member or employee for their actions taken within the scope of authority of the Authority. Nothing herein shall limit the right of the Authority to purchase insurance to provide such coverage as is hereinabove set forth.

ARTICLE V
METHODS OF PROCEDURE; CREDIT TO MEMBERS
Section 5.1.Assumption of Responsibilities By the Authority. As soon as practicable after the date of execution of this Agreement, the Directors shall hold the organizational meeting of the Board. At said meeting the Board shall provide for its regular meetings as required by Section 2.4 and elect a Chairperson, Vice-Chairperson, Secretary and Treasurer.

Section 5.2.Delegation of Powers. The Members hereby delegate to the Authority the power and duty as may be necessary or convenient for the operation of any Member, consistent with the purpose of the instant Agreement.

Section 5.3.Credit to Members. All accounts or funds created and established pursuant to any instrument or agreement to which the Authority is a party, and any interest earned or accrued thereon, shall inure to the benefit of the Members in the respective proportions for which such funds or accounts were created.
4870-2108-9898v2/022283-0548

ARTICLE VI
CONTRIBUTION; ACCOUNTS AND REPORTS; FUNDS
Section 6.1.Contributions. The Members may in the appropriate circumstance, when required hereunder: (a) make contributions from their treasuries for the purposes set forth herein, (b) make payments of public funds to defray the cost of such purposes, (c) make advances of public funds for such purposes, such advances to be repaid as provided herein, or (d) use its personnel, equipment or property in lieu of other contributions or advances. The provisions of section 6513 of the Law are hereby incorporated into this Agreement by reference.

Section 6.2.Association Property. Upon execution of this Agreement, the Autho1ity will exercise its powers pursuant to section 6508 of the Law whereby the Autho1ity will acquire, manage, maintain, and operate all personal property held by the Association and manage, maintain, and operate all real property held by the Association.

Section 6.3.Accounts and Reports. To the extent not covered by the duties assigned to a trustee chosen by the Authority, the Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of the Authority in the hands of a trustee or the Treasurer shall be open to inspection at all reasonable times by representatives of the Members. The Treasurer, within 180 days after the close of each Calendar Year, shall give a complete written report of all financial activities for such Calendar Year to the Members to the extent such activities are not covered by the report of such trustee. The trustee appointed under any trust indenture or trust agreement shall establish suitable funds, furnish financial reports and provide suitable accounting procedures to carry out the provisions of said trust indenture or trust agreement. Said trustee may be given such duties in said trust indenture or trust agreement as may be desirable to can-y out this Agreement.

Section 6.4.Funds. Subject to the applicable provisions of any instruments or agreement which the Authority may enter into, which may provide for a trustee to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have custody of and disburse Authority funds in accordance with generally accepted accounting practices, and shall make the disbursements required by this Agreement or to carry out any of the provisions or purposes of this Agreement.

Section 6.5.Annual Budget and Administrative Expenses. The Board shall adopt a budget for administrative expenses, which shall include all expenses not included in any financing issue of the Authority, annually p1ior to November 20th of each year.

ARTICLE VII
TERM
Section 7.1.Term. This Agreement shall become effective as of the Effective Date and shall thereafter continue in full force and effect so long as either (a) any obligations remain outstanding which are not assumed by a member or (b) until such time as either Member determines that the Authority is no longer necessary; provided, that such Member shall give at 4870-2108-9898v2/022283-0548
least twelve months prior written notice and provided further, such notice shall not be given prior to December 31, 2063.

Section 7.2.50th District Agricultural Association. Upon execution of this Agreement, the 50th District Agricultural Association will shift operational responsibilities to the Authority. In the event that the Authority dissolves, the 50th District Agricultural Association will resume operational responsibilities previously managed by the Authority.

Section 7.3.Disposition of Assets. Upon termination of this Agreement, all property of the Authority, both real and personal, shall be divided based upon the relative contribution to the Authority by each Member in the absence of an agreement in accordance with section 6512 of the Law.

ARTICLE VIII

MISCELLANEOUS PROVISIONS
Section 8.1.Notices. Notices hereunder shall be in w1iting and shall be sufficient if delivered to:

Lancaster: City of Lancaster
44933 N. Fern Avenue
Lancaster, California 93534
Attention: City Manage
Palmdale: City of Palmdale
38300 Sierra Highway
Palmdale, CA 93550
Attention: City Manager
Association: 50th District Agricultural Association
Antelope Valley Fairgrounds
2551 W. Avenue H, Suite 102
Lancaster, CA 93536
Attention: General Manager
County: County of Los Angeles
500 West Temple St.

Rm 383
Los Angeles, CA 90012
Attention: Chief Administrative Officer
Section 8.2.Section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provision of this Agreement. 4870-2108-9898v2/022283-0548
Section 8.3.Consent. Whenever in this Agreement any consent or approval 1s required, the same shall not be unreasonably withheld.

Section 8.4.Law Governing. This Agreement is made in the State of California under the constitution and laws of the State, and is to be so construed.

Section 8.5.Amendments. This Agreement may be amended at any time, or from time to time, except as limited by contract or by applicable regulations or laws of any jurisdiction having authority, by one or more supplemental agreements executed by both of the parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose, including, without limitation, addition of new parties (including any legal entities or taxing areas heretofore or hereafter created) in pursuance of the purposes of this Agreement.

Section 8.6.Enforcement by Authority. The Authority is hereby autho1ized to take any or all legal or equitable actions, including, but not limited to, injunction and specific performance, necessary or permitted by law to enforce this Agreement.

Section 8.7.Severability.Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the· State, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby.

Section 8.8.Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the Members, respectively. Neither Member may assign any right or obligation hereunder without the written consent of the other.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the parties.

LANCASTER:

CITY OF LANCASTER,
a California municipal corporation and charter city
By: _______________________________
Name: _______________________________
Its: _______________________________
ATTEST:

City Clerk
4870-2108-9898v2/022283-0548
PALMDALE:

CITY OF PALMDALE,
a California municipal corporation
By: _______________________________
Name: _______________________________
Its: _______________________________
ATTEST:

City Clerk
ASSOCIATION:
50TH DISTRICT AGRICULTURAL
ASSOCIATION, a California agricultural district
By: _______________________________
Name: _______________________________
Its: _______________________________
ATTEST:

COUNTY:

COUNTY OF LOS ANGELES,
a political subdivision of the State of California
By: _______________________________
Name: _______________________________
Its: _______________________________
ATTEST:

STAFF REPORT
City of Lancaster
PH 1
6/27/2023
JC
Date: June 27, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Gabe Nevarez, Assistant Director – Beautification and Special Districts Subject: Increased Solid Waste Charge for Fiscal Year 2023-24 and Continued Collection of the Solid Waste Basic Service Fee for Single-Family Dwellings on the LA County Tax Rolls
Recommendation:

Adopt Resolution No. 23-43 Approving an increase to the solid waste handling services fee for single-family dwellings for Fiscal Year 2023/24, pursuant to Section 5473 of the Health and Safety Code.

Fiscal Impact:

The rate shown above represents an increase of CPI 3.50% to reflect ordinary changes in the cost of doing business. The difference in yearly charges are shown on Exhibit A.

Background:

To ensure costs for services associated with the agreement are not subject to Proposition 218, which ensures that all taxes and most charges on property owners are subject to voter approval, the City Council no longer sets rates, and instead establishes a rate ceiling for service pursuant to its regulatory authority. Each year an automatic adjustment to the maximum rate ceiling may occur. The application of this automatic adjustment procedure is described below. The agreement also provides for an automatic annual adjustment to the rate ceiling for disposal if changes occur in the cost of disposal at the local landfill.

On May 24, 2023 the City received correspondence from WM requesting a CPI-based charge increase for Fiscal Year 2023/2024. They are requesting a 3.5% increase, which is significantly less than the Annual CPI-U increase for 2021 to 2022 (7.44%). This results in a monthly service component increase as shown below:

Current Rate per SFD: Fiscal Year 2022/23 $450.60 annually / $37.55 monthly *New Rate per SFD: Fiscal Year 2023/24 $479.28 annually / $39.94 monthly 1 3
0 5
*The New Rate is based on a 3.5% C.P.I. increase and an additional AB939 monthly fee of $1.08.

Please refer to Exhibit A for details on calculation of New Rate.

Executive Summary:

The County Tax Collector requires City Council to adopt a resolution annually, which authorizes residential solid waste collection services be placed on the tax rolls. Said Resolution is included as an attachment to this report.

Waste Management (WM), the company which holds the current Franchise Agreement, collects solid waste from all properties in the City. In July of 2022, the City sent notices to property owners requesting their approval to place the basic solid waste collection charge for single-family dwellings only, onto the Los Angeles County property tax bill for collection annually. This process was in compliance with the provisions of Proposition 218. The affected property owners approved said request.

The City and WM have entered into an agreement as stated above, with the base rate for solid waste collection from a single-family dwelling be set at $479.28, annually, or $39.94 per month for Fiscal Year 2023/24.

Attachments:

Resolution No. 23-43
Preliminary Roll Report
RESOLUTION NO. 23-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LANCASTER, CALIFORNIA, APPROVING AN INCREASE TO

THE SOLID WASTE HANDLING SERVICES FEE FOR
SINGLE-FAMILY DWELLINGS FOR FISCAL YEAR 2023/24
PURSUANT TO SECTION 5473 OF THE HEALTH AND

SAFETY CODE

WHEREAS, the City Council on July 26, 2022, adopted Resolution No. 23-45, a Resolution of the City of Lancaster authorizing the collection of solid waste charges for single- family dwellings on the Los Angeles County Tax roll, pursuant to Section 5473 of the Health and Safety Code; and
WHEREAS, the County of Los Angeles now collects the solid waste charges for single- family dwellings on the tax roll, and will continue with said collections until such time as determined by the City Council; and

WHEREAS, the City Council now finds it necessary to propose an increase to the fee for solid waste handling services at SFD parcels for Fiscal Year 2023/24 pursuant to the franchise agreement (”Agreement”) between the City and Waste Management, which allows for annual increases to the charge.

WHEREAS, Pursuant to the City’s Agreement with Waste Management, the solid waste rates may be increased by the annual CPI each year; and WHEREAS, a Preliminary Roll Report (“Report”) and filed said Report for Fiscal Year 2023/24 with the City Clerk as required by law; and
WHEREAS, the City Clerk did proceed to cause notice to be posted in the manner required by law of the time and place for a public hearing of the proposed charges; and WHEREAS, the City Council has heard all testimony and evidence, and is desirous of proceeding with the levy of the solid waste charges for single-family dwellings on the County tax roll.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LANCASTER, STATE OF CALIFORNIA, THAT:

Section 1. The City Council of the City of Lancaster hereby finds that the public interest and convenience requires the continued collection of the solid waste charges for single- family dwellings on the Los Angeles County Tax Roll.

Resolution No. 23-43

Page 2 ends

Lancaster City CouncilJune 27, 2023

Lancaster City Council
June 27, 2023