Agenda — Wasco City Council, February 7, 2023 (part 1 of 2)

City of Wasco City Council Meeting Agenda, February 7, 2023

Public advisory: Face masks are recommended. The C ity Council chamber is open and accessible to the public.

View the meeting Live on the city’s website
https://www.cityofwasco.org/306/city-council-meeting-videos s ubject to technical
limitations.

ACCESSIBILITY: I n compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in the City Council meeting, please contact the City Clerk Department at 661 -758-7215 or via email at [email protected] within 48 hours of the meeting or sooner.

T
he following is provided to assist with public participation:

AGENDA AVAILABILITY: The City Council Agenda is posted on t he bulletin board at the
entry of City Hall 746 8th Street, Wasco, at the entrance of 764 E street, Wasco, and at the entry of the Sheriff’s Office 748 F street, Wasco. The agenda packet, meeting minutes, and archived City Council meetings are available on the City’s website at www.cityofwasco.org.

Agenda Materials: C ity Council agenda materials are released no later than 72 hours prior to a meeting and are available to the public at the City Clerk’s Office, 746 8 th Street, Wasco, CA, in a public binder at each City Council meeting, and on the City’s website at https://www.cityofwasco.org/AgendaCenter

PUBLIC COMMENTS: All public comments are subject to
a 2-minute limit, and a
maximum of Thirty (30) minutes will be allowed for any subject. To provide your comments to the City Councilmembers regarding matters, not on the agenda or a specific item on the agenda, you may address your comments IN PERSON . Before making your presentation, you will be asked to state your name for the record . If you would like to submit a written public comment, please email the City Clerk at [email protected] n o later than 4:00 p.m. February 7, 2023. Please clearly indicate which agenda item number your comments pertain to. Every effort will be made to read your comment into the record; If a comment is received after the AGENDA
Regular City Council Meeting,
Successor Agency to the
Former Redevelopment Agency and the
Wasco Public Finance Authority

Tuesday, February 7, 2023 – 6:00 pm.

Council Chambers
746 8th Street, Wasco, CA 93280
www.cityofwasco.org

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City of Wasco City Council Meeting Agenda, February 7, 2023 specific time mentioned above, but before the meeting is adjourned, the comment will still be included as a part of the record of the meeting. Still, it will not be read into the record.

P
lease be advised that communications directed to the City Council are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under the applicable law. Communications will NOT be edited for redactions and will be printed/posted as submitted.

SPANISH INTERPRETATION: If you need an interpretation of your communications to the City Council from Spanish into English, please contact the City Clerk Department at 661-758-7215 or via email at [email protected]. Subject to availability, no tifying at least 48 hours will usually enable the City to make arrangements.

INTERPRETACIÓN EN
ESPAÑOL: Si necesita una interpretación de sus comunicaciones al Concejo Municipal del español al inglés, comuníquese con el Departamento del Secretario de la Ciudad al 661 -758-7215 o por correo electrónico a [email protected]. La notificación de al menos 48 horas generalmente permitirá a la Ciudad hacer arreglos. Sujeto a disponibilidad.

GETTING TO KNOW YOUR AGENDA
Agenda Sections:

CONSENT CALENDAR It
ems are routine items that are not expected to prompt
discussion. All items are considered for approval at the same time with one vote.

Councilmembers, staff, and the public may request items be removed , and members of the public may comment on an item. Items removed from the Consent Calendar are discussed after the vote on the remaining Consent Calendar items.

PUBLIC COMMENT
provides the public with an opportunity to address the Council on any matter not listed on the agenda that is within the jurisdiction of the Council. In compliance with the Brown Act, the Council cannot take action on matters not listed on the agenda.

PUBLIC HEAR
INGS are held on matters specifically required by law. The Mayor will ask for presentations from the staff, the proponent, or the applicant involved (if applicable) in the matter under discussion. Following the Mayor will open the public hearing and ask for public comments. Following the questions from the Councilmembers. The Mayor closes the hearing, and the City Council may discuss and take action.

DEFERRED
ITEMS: these are items that were postponed or delayed for specific reasons and are brought back to the Council for consideration. These items are expected to cause discussion and/or action by the Council. Staff may make a presentation, and Councilmembers may as k questions of staff and involved parties before the Mayor invites the public to provide input.
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City of Wasco City Council Meeting Agenda, February 7, 2023 NEW BUSINESS: these are items that are expected to cause discussion and/or action by the council but do not legally require a Public Hearing. Staff may make a presentation, and Council members may ask questions of staff and the involved parties before the Mayor invites the public to provide input.

CLOSED SESSION
: may only be attended by members of the Council, support staff, and/or legal counsel. The most common purpose of a Closed Session is to avoid revealing confidential information that may prejudice the legal or negotiation position of the City or compromise the privacy interests of employees. Closed sessions may be held only as specifically authorized by law.

Council Actions:

RESOLUTIONS a
re formal expressions of opinion or intention of the Council and are usually effective immediately.

ORDINANCES a
re laws adopted by the Council. Ordinances usually amend, repeal or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings; an introductory hearing, generally followed by a second hearing at the next regular meeting. Most ordinances go into effect 30 days after the final approval.

CALIFORNI
A ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: CEQA is intended to inform government decision-makers and the public about the potential environmental effects of proposed activities and to prevent significant, avoidable environmental damage.

PROCLAMATIONS
and RECOGNITIONS are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees.

REGULAR MEETING – 6:00 pm
1) C
ALL TO ORDER: Mayor Martinez
2) R
OLL CALL: Mayor Martinez, Mayor Pro Tem Garcia, Council Members: Medina, Reyna, Saldaña
3) F
LAG SALUTE: led by Mayor
4) IN
VOCATION: by Manuel Cantu, Pastor of Lifehouse Church
5) P
RESENTATIONS:
a. Proclamation for Safely Surrendered Baby Awareness Month b. P
roclamation for Kern County Grand Jury Awareness Month
6) P
UBLIC COMMENTS:
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City of Wasco City Council Meeting Agenda, February 7, 2023 This portion of the meeting is reserved for persons desiring to address the Council and including the Council acting as the Governing Board for the Successor Agency on any matter not on this agenda and over which the Council and Successor Agency have jurisdiction. Speakers are limited to two (2) minutes. A maximum of Thirty (30) minutes will be allowed for any one subject. Please state your name for the record before making your
presentation.

B
ROWN ACT REQUIREMENTS: The Brown Act does not allow action or Discussion on items, not on the agenda (subject to narrow ex ceptions). This will limit a Councilmember’s response to questions and requests made during this comment period. 7) SUCCESSOR AGENCY BUSINESS: None
8) W
ASCO PUBLIC FINANCE AUTHORITY BUSINESS: None
CIT
Y COUNCIL BUSINESS:
9) CONSENT CALENDAR:

The Consent Calendar consists of items that, in the staff 's opinion, are routine and non- controversial. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item. a. Receive and File department payments totaling $1,523,560.98 b. A
pproval of City Council Meeting Minutes for:

1. November 1, 2022, Regular Meeting

2. November 10, 2022, Speical Meeting

3. November 15, 2022, Regular Meeting
c. A
dopt a Resolution Authorizing The City Manager or designee to approve a p
urchase in the amount not to exceed $52,000.00 to purchase one Ford F-250 pick- up truck for the Wastewater Department and Find that this action is not a project as defined under the California Environmental Quality Act (CEAQ)State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3) , no environmental review is required.
d. A
dopt a Resolution Authorizing The City Manager or designee to approve p
urchases with Jim Burke Ford and Douglass Truck Bodies, Inc. in an amount not to e
xceed $98,000.00 to purchase one Utility truck with a crane fo r the wastewater department and Find that this action is not a project as defined under the California Environmental Quality Act (CEAQ)State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required. e. A
dopt a Resolution Authorizing the City Manager or designee to approve purchases with Jim Burke Ford and Douglass Truck Bodies, Inc. in an amount not to ex
ceed $89,000.00 to purchase one Utility truck with a crane for the Water Department and Find that this action is not a project as defined under th e Cal
ifornia Environmental Quality Act (CEAQ)State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required. 4 of 334
City of Wasco City Council Meeting Agenda, February 7, 2023 f. Adopt a Resolution Authorizing The City Manager or designee to approve a p
urchase order in an amount not to exceed $ 27,000.00 to purchase one towable boom lift (model T350) from United Rentals and Find that this action is not a project as defined under the California Environmental Quality Act (CEAQ)State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
g. A
dopt a Resolution Authorizing The City Manager or designee to approve a p
urchase order in an amount not to exceed $69,000.00 for a purchase of one Utility Van for the Facilities Maintenance Department from Haddad Dodge and find that t
his action is not a project as defined under the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
h. A
pproval of Travel Expenses Exceeding $500.00 per trip for the Human Resources Manager to attend the 16th Annual FTA Drug and Alcohol Program National Conference on March 14-16, 2023, in San Diego, CA and Find that this action is not a project as defined under the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060( c) (3), no environmental review is required.
i. A
pproval of Travel Expenses Exceeding $500.00 per trip for the Human Resources Analyst I to attend the 2023 California State HR Advocacy and Legislative Conference on April 12 – 14, 2023, in Sacramento, Califor nia and find that this action is not a project as defined under the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
j. A
ccept all bids, and Adopt a Resolution Authorizing the City Manager or his designee to enter and execute an agreement with the awarded Contractor Amerivet Contracting Co. for the construction of the Vacuum Truck Storage Building at the Wastewater Treatment Plant and Authorize the City Manager or his designee to make the monetary budget amendment and Find that this action is not a project as defined under the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), n o en
vironmental review is required.
k. A
pproval of Travel Expenses Exceeding $500.00 per trip for one-half of City Attorney registration fees and lodging in the amount of $551.50 to attend the League of California Cities Attorney’s Conference held on May 17- 19, 2023, in Monterey, CA and find that this action is not a project as defined under the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to Stat e
G
uidelines Section 15060(c) (3), no environmental review is required. l. A
pproval of Training Expenses exceeding $500.00 per registration for the Public Works Director to attend the League of California Cities Public Works Officers Institute from March 29-31, 2023, in Universal City, CA, and find that this action is not 5 of 334
City of Wasco City Council Meeting Agenda, February 7, 2023 a project as defined under the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
m. A
dopt a Resolution Approving the Amended Salary Schedule for the Fiscal Year 2022-2023 in Compliance with the California Public Employees’ Retirement System (CalPERS) Requirement for Publicly Available Pay Schedules and Find that this action is not a project as defined under the California Environmental Quality Act (CEAQ) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.
n. A
ccept all bids and Adopt a Resolution Authorizing The City Manager or his designee to enter and execute an Agreement with the awarded Contrac tor Amerivet Contracting Incorporated for the interior demolition of the Sheriff’s Activity League (SAL) Building in the amount of $13,800.00 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $10,000 and Find that this Project is Categorically Excluded per 24 CF$ 58.35(a), and subject to laws and authorities at 58.5: (3)(iii)(B) Rehabilitation of buildings and improvements of non -residential structures, including commercial, industrial and public buildings does not involve a change in land use, such as from non-residential to residential, commercial to industrial, or from one industrial use to another.
10) P
UBLIC HEARINGS:
a. Introduce and Waiver of the First Reading by title only of an Ordinance of the City of Wasco Amending Table 2-6 of Municipal Code Section 17.22.070 and Amending Boundaries on Figure 2 -4 of the Municipal Code Section 17.24.040 to allow drive - throughs with a Conditional Use Permit and Find that this project is exempt under the California Environmental Quality Act of 1970 (CEQA) and State CEQA Guidelines Section 15305. (Lara)
11) DEFERRED BUSINESS: None
12) N
EW BUSINESS:
a. Appointment of Three (3) Planning Commissioners to fill full -term seats on the Planning Commission Board, term expiring on December 31, 2026, and Find that t
his action is not a project as defined under the California Environmental Quality Act (CEAQ) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.(Martinez & Gracia) b. A
dopt a Resolution Authorizing The City Manager or designee to enter and execute Franchise Agreements with American Refuse, Inc. for the Collection and Handling of Residential Recyclable materials, and Commercial Organics, Recyclable materials and Roll-off Services, subject to final approval of the City Manager and City Attorney and find that this action is not a project as defined under the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required. (Villa) 6 of 334
City of Wasco City Council Meeting Agenda, February 7, 2023 c. A
dopt a Resolution authorizing the City Manager or designee to execute Agreements and or Applications with Local, State, and Federal Agencies required for the Creation of the Wasco Police Department; Implement the transition plan of law enforcement services from the Kern County Sheriff Contract to the City, Authorize the related Wasco Police Department accounts/sub -accounts, budget amendments and or Budget Appropriations , and Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required. (Hurlbert)
d. A
dopt A Resolution Ratifying the Executed Engagement Letter with Attorney Sean Gibbons of Freeman Mathis & Gary for Legal Services and find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15 060(c) (3), no environmental review is required. (Hurlbert)
e. Adopt a Resolution Authorizing the City Manager or designee to approve a purchase order to purchase six (6) new Ford Utility Interceptor AWD Police vehicles, including emergency lighting and othe r police up fitting equipment; purchase of up to six (6) used vehicles , including refurbishment costs, and execute a Master Agreement with Enterprise Fleet Management (without committing to any orders at this time); and make an Appropriation of ARPA funds in the amount of $500,00 0 a
nd Budget Amendment to the Adopted FY 2022-2023 Capital Improvement Plan and the Adopted Annual Operating Budget for FY 2022 -2023; and Find that this action is not a project as defined under the California Environmental Quality A ct State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required. (Hurlbert)
f. A
dopt a Resolution Approving an Application for Funding and authorizing the City Manager or designee to execut e the Grant Agreement and any Amendments Thereto for the San Joaquin Valley Air Pollution Control District’s New Alternative Fuel Vehicle Purchase Program, and Find that this action is not a project as defined under the California Environmental Quality Act State Guide lines; therefore ,
p
ursuant to State Guidelines Section 15060(c) (3), no environmental review is required. (Hurlbert)
13) R
EPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
b. Kern Council of Government (Reyna)
c. Wasco Task Force (Reyna & Medina)
14) REPORTS FROM KC FIRE AND SHERIFF:
a. Kern County Fire Department (Appleton)
b. K
ern County Sheriff’s Department (Shinn)
15) RE
PORTS FROM THE CITY MANAGER:
16) RE
PORTS FROM THE CITY COUNCIL:
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City of Wasco City Council Meeting Agenda, February 7, 2023 17) CLOSED SESSION:
a. CONFERENCE WITH LEGAL COUNSEL- ANTICIPATED LITIGATION Significant exposure to pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision € of Section 54956.9 (Claim by Diem Thai) 18) CLOSED SESSION ACTION:
19) ADJOURNMENT:

This is to certify that this agenda was posted at Wasco City Hall on February 4, 2023, on/or before 6:00 p.m. The agenda is also available on the City website at www.cityofwasco.org.
_______________
_______________________
Maria O. Martinez, City Clerk
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WARRANTS AMOUNTS
G012123 42,782.96
G012023 74,178.09
A012123 8,702.68
W012123 629.14
G012323 5,136.50
G012823 3,423.67
A012823 64,770.36
G012523 1,323,937.58 Verified By:

Grand Total 1,523,560.98 Finance Director

AB C D E F G
WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 1 G012123 PG & E COMPAN Y 85 07051823859 01/18/23 24714 UB 501 F ST 01/18/23 1,163.53 2 G012123 PG & E COMPAN Y 85 51997041895 01/19/23 24714 UB 01/19/23 MULTIPLE LOCATIONS 21,836.73 3 G012123 PG & E COMPAN Y 85 58161952393 01/17/23 24714 UB MCCOMBS & GRIFFITH SE COR WATER WELL#12 1/17/23 4,647.20 4 G012123 CLARK PEST CONTROL 117 32532688 24704 JAN 2023: 746 8TH ST & 1445 12TH ST PEST CONTROL S 217.00 5 G012123 AMAZON CAPITAL SERVICES, INC 4968 1JKL-K39F-4GT9 24699 2 QT: EXTERIOR FLOOD LIGHTS & PACK OF GLOVES 162.90 6 G012123 AMAZON CAPITAL SERVICES, INC 4968 1WVJ-QQFK-99NQ 24699 1Q T :W I R E L E S SM O U S E 1 0 . 3 8 7 G012123 AMAZON CAPITAL SERVICES, INC 4968 149T-N76F-3C71 24699 OFFICE SUPPLIES FOR PLANNING 181.42 8 G012123 CINTAS CORPORATION NO. 3 4480 4143426348 24703 UNIFORM SERVICES 01/13/23 1,058.48 9 G012123 CINTAS CORPORATION NO. 3 4480 4144134498 24703 UNIFORM SERVICES 01/20/23 478.80 10 G012123 CHARTER CO MMUNICATIONS 68 168679001010723 24702 JAN 2023: INTERNET SRVC S FOR SHERIFF'S 172.96 11 G012123 FED EX 123 8-013-66793 24706 FREIGHT SERVICES 01/19/23 80.22 12 G012123 AFFINITY TRUCK CENTE R 405 F013259108:01 24698 DISPOSAL #13: BLOWER ASM KIT 222.28 13 G012123 BSK & ASSOCIATES, INC. 1052 AG00659 24700 WW SAMPLE TEST: 12/27/22 BOD & TSS 140.00 14 G012123 BSK & ASSOCIATES, INC. 1052 AG00768 24700 WW SAMPLE TEST: 12/29/22 BOD & TSS 140.00 15 G012123 BSK & ASSOCIATES, INC. 1052 AG00781 24700 WW SAMPLE TEST: 1/3/23 AMMONIA, BOD, TDS, TSS, NI T 280.00 16 G012123 CALLTOWER, INC 5098 201281645 24701 JAN 2023: PHONE SERVICES 29.75 17 G012123 DEPARTMENT OF CONSERVATION 273 SMI FEES OCT -DEC 22 24705 OCT-NOV 2022: SMI FEES 1,678.47 18 G012123 TRADICIONES MARKETS, INC 5259 442 DEC 2022 24707 DEC 2022: 442 UB PAYMENTS TRANSACTIONS 79.56 19 G012123 HAAKER EQU IPMENT COMPANY 4114 C5A0B8 24708 DISPOSAL #17: AY AIR REGULATOR 332.48 20 G012123 INTERWEST CONSULTING GROUP, INC. 1571 84607 24709 DEC 2022: PLAN CHECK SRVCS 751.83 21 G012123 KERN COUNTY WASTE MANAGEMENT DEPT. 19 31783 24710 DEC 2022: WSP LANDFILL FEES 3,490.44 22 G012123 KERN COUNTY WASTE MANAGEMENT DEPT. 19 31808 24710 DEC 2022: STSWP FEES 1,388.52 23 G012123 KNIGHT'S SITE SERVICES, INC 1075 0000153971 24711 1/10/23-2/6/23: GW SITE PORTABLE TOILET SERVICE 64.36 24 G012123 LAWSON PRODUCTS INC 792 9310239415 24712 MATERIAL #GENERAL: ELECTRICAL CONNECTORS 234.26 25 G012123 ONE SOURCE PARTS, LLC DEPT 900 5748 844727 24713 DISPOSAL #24: GRIP ARM HYDRAULIC RAM 828.74 26 G012123 READYREFRESH BY NESTLE 4027 23A0018613430 24715 AC BOTTLE WATER SERVICES 226.43 27 G012123 SEQUOIA EQUIPMENT COMPAN Y 4587 BAK-17660 24716 WATER #56: 2 FRONT WHEELS RIMS 697.13 28 G012123 THE GAS COMPAN Y 246 05441655304 JAN 23 24717 12/09/22-01/10/23 SAL-1445 12 ST 47.60 29 G012123 THE GAS COMPAN Y 246 08121820008 JAN 23 24717 12/09/22-01/10/23 SHERIFF'S 748 F ST 800.68 30 G012123 THE GAS COMPAN Y 246 08331820137 JAN 23 24717 12/09/22-001/10/23 COURTHOUSE 757 F ST 325.12 31 G012123 THE GAS COMPAN Y 246 08961820373 JAN 23 24717 12/09/22-01/10/23 CITY YARD F ST 1,015.69 32 G012123 Total 42,782.96
City Council Meeting: February 07, 2023
Bill Pay
1o f3
Digitally signed by: Isarel
Perez-Hernandez
DN: CN = Isarel Perez-
Hernandez email =
isperez@cityofwasco.
org C = US
Date: 2023.01.31 17:04:
18 -08'00'
Isarel
Perez-
Hernandez
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AB C D E F G
WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 33 G012023 BHT ENGINEERING, INC 5134 22-629 24692 21014: CMAQ PALM AVE: 12/1/22-12/31/22 1,780.00 34 G012023 BHT ENGINEERING, INC 5134 22-630 24692 20214: 2021 STREET LIGHT IMPROVEMENT 12/1/22-12/31 2,200.00 35 G012023 BHT ENGINEERING, INC 5134 22-631 24692 21016: SB1 POPLAR AVE REHAB 12/1/22 - 12/31/22 7,500.00 36 G012023 INFO SEND, INC. 4244 224850 24693 NOTICES PROP 218 WTR & SEWER RATE STUD Y 7,335.36 37 G012023 INFO SEND, INC. 4244 227354 24693 DEC & JAN STMTS DATA PRCSSNG/PRINT./MAIL 6,617.06 38 G012023 BATTERY RECYCLERS OF AMERIC A 5856 202207228 24691 3,894 QT: BATTERY DISPOSAL & RECYCLING FEE 9,735.00 39 G012023 KAISER FOUNDATION HEALTH PLAN INC 4757 199630188664 24694 FEB 2023: INS. PREMIUM 903.17 40 G012023 KAISER FOUNDATION HEALTH PLAN INC 4757 199631080001 24694 JAN 2023: INS. PREMIUM 903.17 41 G012023 KAISER FOUNDATION HEALTH PLAN INC 4757 199638346371 24694 DEC 2022: INS. PREMIUM 828.45 42 G012023 NATIONAL AUTO FLEET GROUP 5790 IFTER4EH9PLE00343 24695 WASTE WATER DEPARTMENT NEW VEHICLE: FORD RANGE R 32,063.39 43 G012023 SANDOVAL INDUSTRIES LLC 1180 4926 24696 MATERIAL #GENERAL: NITROGEN BOTTLE RENT 12/22/22 16.24 44 G012023 SCHROETER, THOMAS F. 2732 DEC 2022 24697 DEC 2023: LEGAL SERVICES 4,296.25 45 G012023 Total 74,178.09
46 A012123 NAVIA BENEFIT SOLUTIONS 5664 01/10/23 5263 MEDICAL CHECK RUN 01/10/23 331.66 47 A012123 NAVIA BENEFIT SOLUTIONS 5664 01/06/23 5263 MEDICAL CHECK RUN 01/06/23 3,111.12 48 A012123 NAVIA BENEFIT SOLUTIONS 5664 A1028422 5263 DEC 2022: 54 ADMIN FEES & MERP ANNUAL FEE 1,525.00 49 A012123 NAVIA BENEFIT SOLUTIONS 5664 01/18/23 5263 MEDICAL CHECK RUN 01/18/23 3,734.90 50 A012123 Total 8,702.68
51 W012123 NBS GOVERNMENT FINANCE GROUP 2458 202301-1020 2397 JAN 2023: DISTRICT 91-2B,93-1,PROFESSIONAL SRVCS 629.14 52 W012123 Total 629.14
53 G012323 INFRASTRUCTURE ENGINEERS 5861 28170 24737 23020 HOUSING ELEMENT UPDATE DEC 2022 4,541.50 54 G012323 LIEBERT CASSIDY WHITMORE 2269 232348 24738 DEC 2023: LEGAL SERVICES 595.00 55 G012323 Total 5,136.50
56 G012823 AFLAC 108 368478 24739 JAN 2023: AFLAC SERVICES 601.62 57 G012823 ALONDRA LOPEZ ELIZONDO 5849 15885-0003021100 24740 15885-0003021100 CUST STOPPED SERVICES 109.91 58 G012823 BETTY RINGER 5857 1954-0235010170 24741 1954-0235010170 REFUND CREDIT 1017 GRIFFITH AVE 31.88 59 G012823 GILBERTO C. FERNANDEZ 5839 111-0001019330 24742 CUST STOPPED SERVCS 18.28 60 G012823 HURLBERT, SCOTT 5685 REIMB JAN 23 24743 REIMBURSEMENT LEAGUE OF CALIFORNIA CITIES 1,148.12 61 G012823 IRMA & ERIKA HUITZACU A 5855 13777-0378018170 24744 REFUND CREDIT 13777-0318018170, 1817 SHAMROCK C T 9.90 62 G012823 JAMES HARRISON 5858 2231-0300009370 24745 2231-0300009370 CUSTOMER STOPPEDF SERVICES 25.95 63 G012823 JAMES HARRISON 5858 2231-030000970. 24745 2231-030000970. RFND CUST STOPPED SRVCS 51.90 64 G012823 JESSE ZAPATA 5859 7207-0335019080 . 24746 REFUND CREDIT 0335019080, 1908 PALM AVE 28.42 65 G012823 JESSE ZAPATA 5859 7207-033501980 24746 REFUND CREDIT 7207-0335019080, 1908 PALM AVE 51.90 66 G012823 MARIA CAR ACHURE 5863 17875-0384003130 24747 RFND CUST STOPPED SRVCS 19.03 67 G012823 NEW YORK LIFE INSURANCE COMPANY 4733 S10763000 JAN 23 24748 JAN 2023: INS. PREMIUM 270.00 68 G012823 PENGUIN HOME SOLUTIONS 5864 78747 BL 3654 24749 OVER PAYMENT BL 3654 236.00 69 G012823 PHOENIX GROUP INFORMATION SYSTEMS 4913 122022239 24750 DEC 2022: CITATTIN FEES & SRVCS 331.50 70 G012823 ROBERT HALF 4814 61415475 24751 TEMP V. GARCIA WE 01/13/23 235.30 71 G012823 ROSAELENA AND JOSE ALEGRE 5853 11344-0009024160 24752 REFUND STOPPED SERVCS 16.38 72 G012823 THE SHAFTER PRESS/ WASCO TRIBUNE 4787 2767 24753 ADS:GIS SPECIALIST 72.00 73 G012823 STEWARD COMPANY (STANLEY BLYTHE) 5854 15396-0003016050 24754 CUST STOPPED SERVCS 127.24 74 G012823 TERRIS HUGHES 5841 5841-039504260 24755 CUST STOPPED SERVICES 23.30 75 G012823 VIVIAN ARELLANO 5852 17175-015000608 A 24756 CUST STOPPED SRVCS 15.04 76 G012823 Total 3,423.67
77 A012823 BLUE SHIELD OF CALIFORNI A 3591 230160066859 5265 FEB 2023: INS PREMIUM 64,770.36 78 A012823 Total 64,770.36
79 G012523 AMAZON CAPITAL SERVICES, INC 4968 13TP-PN7N-D73 W 24722 SCANNERS FOR FINANCE DEPT 941.73 80 G012523 BSK & ASSOCIATES, INC. 1052 AG01403 24724 WW SAMPLE TEST 1/5/23 BOD & TSS 140.00 81 G012523 KERN COUNTY WASTE MANAGEMENT DEPT. 19 JAN 2023: LANDFILL 24731 JAN 2023: LANDFILL FEES 17,378.97 82 G012523 THE GAS COMPAN Y 246 08207136329 JAN 23 24736 SERVICE 12/13/22 - 01/12/23 2,230.86 83 G012523 HURLBERT, SCOTT 5685 REIMB 01-18-23 24725 REIMBURSEMENT ATTENDING NEW MAYORS & COUNCIL CONF 29.09 84 G012523 ASPECT ENGINEERING 5829 22639 24723 23018: SCADA UPDGRADE 1-3-23 TO 1-12-23 3,866.00 85 G012523 JIM BURKE FORD LINCOLN 134 217815 24726 BUILDING VEHICLE PURCH 2022 FORD ESCAPE VIN 81799 45,560.88 2o f3
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AB C D E F G
WARRANT VENDOR NAME VENDOR No. INVOICE No. CHECK No. DESCRIPTION AMOUNTS 86 G012523 JIM BURKE FORD LINCOLN 134 217814 24726 CODE VEHICLE PURCH 2022 FORD ESCAPE VIN 93379 43,017.00 87 G012523 KERN COUNTY FIRE DEPT. & OFFICE OF 1264 23-000167 24727 THIRD QTR FY 22-23 FIRE PROTECTION SERVICES 141,097.50 88 G012523 KERN COUNTY RECORDER 262 948 2ND ST 24728 RECORDING FEE 948 2ND STREET 20.00 89 G012523 KERN COUNTY RECORDER 262 948 2NS ST 24729 RECORDING FEE 948 2ND STREET 20.00 90 G012523 KERN COUNTY SHERIFF'S OFFICE 220 8999 24730 SECOND QTR FY 22-23 LAW ENFORCEMENT SERVICES 1,061,694.40 91 G012523 ODP BUSINESS SOLUTIONS, LLC 5759 284412041001 24732 DESK CALENDARS FOR PW DEPARTMENTS 89.89 92 G012523 PACE ANALYTICAL SERVICES, INC 5694 B467529 24733 WW SAMPLE TEST: 10/18/22 INFLUENT MONITORING 143.35 93 G012523 PETTY CASH/CITY HALL 13 PETTY CASH CH-JAN 23 24734 PETTY CASH CITY HALL JAN 2023 51.65 94 G012523 PETTY CASH/CITY HALL 13 PETTY CASH CH JAN 23 24734 PETTY CASH CITY HALL JAN 2023 377.10 95 G012523 PRINCIPAL LIFE INSURANCE COMPAN Y 5862 1168207-1001 JAN 23 24735 VISION-DENTAL-LIFE PREMIUM JAN 2023 7,279.16 96 G012523 Total 1,323,937.58
97 Grand Total 1,523,560.98
3o f3
11 of 334
City of Wasco City Council Meeting Minutes, November 1, 2022

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, November 1, 2022
Regular Meeting – 6:00 p.m.

City Council Chambers
746 8th Street, Wasco, Ca 93280

REGULAR MEETING – 6:00 pm

1) CALL TO ORDER:

Mayor Reyna called the meeting to order at 6:01 pm.

2) ROLL CALL:

Present: Mayor Reyna, Mayor Pro Tem Pallares, Council Members: Garcia, Lynch, Martinez

Staff Members: City Manager Hurlbert, City Attorney Schroeter, Deputy City Clerk Tinajero, Communications & Marketing Specialist Perez, Community Development Director Cobb, Public Works Director Villa, Finance Director Perez-Hernandez, Kern County Fire Chief Appleton
3) FLAG SALUTE: by Ivory Murrillo, daughter of Evelyn Murrillo

4) INVOCATION: by Manuel Cantu, Lifehouse Church

5) PRESENTATIONS: NONE

6) PUBLIC COMMENTS: NONE

7) SUCCESSOR AGENCY BUSINESS: NONE

8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: NONE

CITY COUNCIL BUSINESS:
9) CONSENT CALENDAR:

b. Approval of Minutes for:

1. Regular Meeting, June 21, 2022

2. Regular Meeting, September 20, 2022

3. Regular Meeting, October 18, 2022

c. Receive and File the Investment Report for the month ended September 30, 2022.

12 of 334
City of Wasco City Council Meeting Minutes, November 1, 2022 d. Approval of Travel Expenses Exceeding $500.00 for the Finance Director Isarel Perez- Hernandez to attend the California Public Finance Officers Association (CSMFO ) 2022 Annual Weekend Training Seminar on November 04th - November 06th, 2022, in Long Beach, California.

e. Adopt a Resolution approving a License Agreement with the Bakersfield Police Department for use of the Former Farm Labor Campsite to conduct law enforcement training activities and authorize the City Manager or his Designee to execute the License Agreement.

Reso#2022 – 3814
Agmt#2022-043

f. Adopt a Resolution Authorizing the City Manager to Negotiate and Enter into an Agreement, Including Subsequent Amendments , with Samsara, Inc. to Provide Global Positioning System (GPS) Hardware and Service on Forty-Six City Vehicles in an Amount of $9,220.24/First-Year.

Reso#2022-3815
Agmt#2022-044
No public comments:

Motion was by Council Member Lynch, seconded by Council Member Martinez, to approve the Consent Calendar by the following roll call vote:

AYES: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
10) PUBLIC HEARINGS:
a. Adopt a Resolution Approving the Issuance of the California Municipal Finance Authority Multi-Family Housing Revenue Bonds in an Aggregate Principal Amount not to exceed $15,000,000 for the Purpose of Financing or Refinancing the Acquisition, Construction, Improvement , and Equipping of Po plar Place Apartments and Certain Other Matters Relating Thereto.

Reso#2022-3816

Oral presentation by Community Development Director Cobb.

Mayor Reyna opened the public hearing at 6:11 pm.

No public comments:

Mayor Reyna closed the public hearing at 6:11 pm.

Motion was made by Council Member Garcia, seconded by Council Member Lynch to adopt the Resolution by the following roll call vote:

AYES: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
13 of 334
City of Wasco City Council Meeting Minutes, November 1, 2022

11) DEFERRED BUSINESS: NONE

12) NEW BUSINESS:
a. Update and Direction by the City Council to Staff regarding the High-Speed Rail Agreements.

Oral presentation by City Manager Hurlbert regarding finalizing agreements and negotiations, which will be agendized in the upcoming City Council Meetings.

There was no public comment.

Informational Item no action need

13) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation (Garcia)
• Council Member Garcia reported that the next meeting scheduled for December 2022
b. Kern Council of Government (Reyna)
No reports
c. Wasco Task Force (Martinez & Reyna)
No reports

14) REPORTS FROM KC FIRE AND SHERIFF:
a. Kern County Fire Department
Oral presentation from Chief Appleton:
• Unable to attend the trunk a treat at Barker Park on October 31, 2022. • Attending an event at Barker park on November 3, 2022

b. Kern County Sheriff’s Department
No reports – Sergeant Shinn absent

15) REPORTS FROM THE CITY MANAGER:

City Manager Hurlbert updated the Council on the following:
• Sgt. Shinn’s absence is due to having to report an accident. • Public Works established two (2) new Dial Ride stops on Filburn and the south side of 7th Street.
• The City will participate in a job fair at Wasco High school on November 10, 2022, during the lunch hour.
• Last Community Coalition Breakfast Meeting for the year will be held on November 2, 2022.
• Community Clean Up event on November 19, 2022, from 9:00 am to 12:00 pm at Barker Park
• Toys for Tigers - Christmas Tree Spectacular Family Fun Night on December 5, 2022, at 6:00 pm at the Elks Lodge.

City Manager Hurlbert updated the Council on behalf of Assistant City Manager Lara on the following:
• First Phase for Home Security Grant funding for the Public Safety Start -up Effort for the Police Department.

14 of 334
City of Wasco City Council Meeting Minutes, November 1, 2022

16) REPORTS FROM THE CITY COUNCIL:

Mayor Reyna:
• Attended the Regional Round Table Listening Session with California ’s Infrastructure Advisor, Former Los Angeles Mayor Raygoza, on October 26, 2022.
• Covid-19 Vaccination at the clin ic on October 29, 2022, 86 people received the Covid-19 vaccination, 29 people received the flu vaccine, 79 visa gift cards were given
• Shared about an incident that happened on 5th Street and Redwood • Attended the First Pumpkin Fall Fun Celebration for the City of Wasco • Received a request from the Superintendent of Wasco Elementary Schools to close the pedestrian alley west of Palm Avenue
• Requested a list of all grants the City has received
• Shared a personal note about his first 50-mile bike ride to Buttonwillow

Mayor Pro Tem Pallares:
• Helped out at the Wasco L ibrary for the drive-through candy distribution/arts and crafts event on October 31, 2022.

Council Member Lynch:
• Attended the Harvest Festival at the Adventist Church • Requested to contact the California Highway Patrol to get H ighway 46 truck traffic to slow down.

Council Member Garcia:
• Requesting updates on projects such as the downtown, 7th Street, and the park on Central Avenue to provide for the residents.
• Talked about funding to use for housing, alleyways in town , and communications.

Council Member Martinez:
• Attended the Wasco High School football game.
• Attended a Hall of Fame dinner and congratulated all of the Wasco High Hall of Fame that were inducted.

Mayor Reyna adjourned into a closed session at 6:55 pm.

Mayor Reyna adjourned the closed session at 7:38 pm.

17) CLOSED SESSION:
a. PUBIC EMPLOYEE APPOINTMENT per GC SECTION 54957
Title: Chief of Police

18) CLOSED SESSION ACTION:
a. PUBIC EMPLOYEE APPOINTMENT per GC SECTION 54957
Title: Chief of Police
No action taken

15 of 334
City of Wasco City Council Meeting Minutes, November 1, 2022

19) ADJOURNMENT:

Mayor Reyna Adjorned the Meeting at 7:38 pm.

_____________________________________
Yolanda Tinajero, Deputy City Clerk

______________________________________
Vincent Martinez, Mayor

16 of 334
City of Wasco City Council Special Meeting Minutes, November 10, 2022

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Thursday, November 10, 2022
Special Meeting – 5:30 p.m.

City Council Chambers
746 8th Street, Wasco, CA 93280

SPECIAL MEETING – 5:30 pm

1) CALL TO ORDER: Mayor Reyna
Mayor Reyna called the meeting to order at 5:33 pm.

2) ROLL CALL:

Present: Mayor Reyna, Mayor Pro Tem Pallares, Council Members: Garcia, Lynch, Martinez

3) FLAG SALUTE: by Mayor Reyna

Mayor Reyna adjourned into closed session at 5:34 PM.

Mayor Reyna adjourned closed session at 7:39 PM.

4) CLOSED SESSION:
a. PUBIC EMPLOYEE APPOINTMENT per GC SECTION 54957
Title: Chief of Police

5) CLOSED SESSION ACTION:

Mayor Reyna reported out.

a. PUBIC EMPLOYEE APPOINTMENT per GC SECTION 54957
Title: Chief of Police
No reportable action.

6) ADJOURNMENT:

Mayor Reyna adjurned the meeting at 7:40 pm.

_____________________________________
Maria O. Martinez, City Clerk

______________________________________
Vincent Martinez, Mayor

17 of 334
City of Wasco City Council Meeting Minutes, November 15, 2022

MINUTES

WASCO CITY COUNCIL
and Successor Agency to the
Former Redevelopment Agency
Tuesday, November 15, 2022
Regular Meeting – 6:00 pm.

City Council Chambers
746 8th Street, Wasco, CA 93280

REGULAR MEETING – 6:00 pm

1) CALL TO ORDER:

Mayor Reyna called the meeting to order at 6:01 pm.

2) ROLL CALL:

Present: Mayor Reyna, Mayor Pro Tem Pallares, Council Members: Garcia, Lynch, Martinez

Staff Present: City Manager Hurlbert, City Attorney Schroeter, City Clerk Martinez, Deputy City Clerk Flores, Administrative Assistant Ramirez, Public Works Director Villa, Community Development Director Cobb, Assistant City Manager Lara, Finance Director Perez - Hernandez, Kern County Sheriff Sergeant Shinn, Kern County Fire Chief Appleton , Chief Building Inspector Ledezma

3) FLAG SALUTE: by Mayor Reyna

4) INVOCATION: by Paul Hernandez, Free Will Baptist Church

5) PRESENTATIONS:
a. Recognition for Planning Commissioner David Ward
Mayor Reyna presented an award of recognition to Planning Commissioner David Ward
14) REPORTS FROM KC FIRE AND SHERIFF:
a. Kern County Sheriff’s Department
Sargent Shinn presented a PowerPoint report on recent crimes.

6) PUBLIC COMMENTS:
• Ernesto Gonzales
• Lorena Chavez
• Joshua Cooley

7) SUCCESSOR AGENCY BUSINESS: NONE

8) WASCO PUBLIC FINANCE AUTHORITY BUSINESS: NONE

CITY COUNCIL BUSINESS:
9) CONSENT CALENDAR:
18 of 334
City of Wasco City Council Meeting Minutes, November 15, 2022 The Consent Calendar consists of items that, in the staff 's opinion, are routine and non- controversial. These items are approved in one motion unless a Council Member or member of the public requests the removal of a particular item. a. Receive and file department payments totaling $1,526,309.07

b. Adopt a Resolution to Authorize the City to Implement Teleconference Public Meetings Pursuant to Assembly Bill (“AB”) 361, Allowing the City to Continue a Hybrid Virtual Meeting Environment.

Reso#2022-3817

c. Adopt a Resolution Authorizing the City Manager or his designee to a pprove a purchase order in an amount not to exceed $110,314.05 for one Utility Crane Truck for the Wastewater Department from National Fleet Group.

Reso#2022-3818

d. Adopt a Resolution Authorizing the City Manager or his designee to approve a purchase order in an amount not to exceed $110,314.05 for one Utility Crane Truck for the Water Department from National Fleet Group.

Reso#2022-3819

e. Adopt a Resolution to approve a Budget Amendment to Re-Allocate Funds to Pay Retention for the 2021 Ag Well Project #30400-52040-20220 located at the SW corner of Scofield & Dirt Poso 1 mile south of Highway 46.

Reso#2022-3820

f. Adopt a Resolution Authorizing the City Manager or his designee to approve a purchase order with Ferguson Waterworks in the amount not to exceed $48,000.00 to purchase one hundred and fifty residential water meters.

Reso#2022-3821

g. Rejection of all bids received for the 16th Street Rehabilitation Project.

Motion was by Council Member Lynch, seconded by Council Member Martinez, to approve the Consent Calendar by the following roll call vote:

AYES: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
10) PUBLIC HEARINGS:
a. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Wasco Repealing and Re -enacting Chapter 15.04 of the City of Wasco Municipal Code Relating to Building Code Reg ulations, and Adopting by Reference the California Code of Regulations Title 24, Parts 1 -6 and 8- 12, 2022 Edition of the California Building Standards Code.

Oral presentation by Community Development Director Cobb Mayor Reyna opened the public hearing at 6:31 pm
19 of 334
City of Wasco City Council Meeting Minutes, November 15, 2022 No public comments.

Mayor closed the public hearing at 6:31 pm.

Motion was by Council Member Martinez, seconded by Council Member Garcia, to introduce and waive the first reading of an ordinance by the following roll call vote:

AYES: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
b. Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Wasco Repealing and Re -enacting Chapter 15.08 of the City of Wasco Municipal Code Relating to Fire Prevention Regulations and Adopting by Reference the California Code of Regulations Title 24, Part 9, 2022 Edition of the California Building Standards Code. (Cobb)
Oral presentation by Community Development Director Cobb Mayor Reyna opened the public hearing at 6:33 pm
No public comments.

Mayor closed the public hearing at 6:34 pm.

Motion was by Council Member Lynch, seconded by Mayor Reyna, to introduce and waive the first reading of an ordinance by the following roll call vote:

AYES: REYNA, PALLARES, GARCIA, LYNCH, MARTINEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
11) DEFERRED BUSINESS: None

12) NEW BUSINESS: None

13) REPORTS FROM COMMISSIONS AND COMMITTEES:
a. Kern Economic Development Corporation
Council Member Garcia reported:

Kern EDC will host the Kern County Energy Summit on November 16, 2022

b. Kern Council of Government (Reyna)
No reports
c. Wasco Task Force (Martinez & Reyna)
No reports

14) REPORTS FROM KC AND SHERIFF
a. Kern County Fire Department
No reports – Chief Appleton absent

15) REPORTS FROM THE CITY MANAGER:

City Manager Hurlbert updated the Council on the following:
20 of 334
City of Wasco City Council Meeting Minutes, November 15, 2022 • Shared CIP projects, grant awards, and strategic projects report with the council members
• The North Palm Road Project is back on track.
• The Alley Repave Project in the Southgate neighborhood, approved by TTAC, will be included on a list to be submitted to the State for final approval. • The Prop 218 process implementation will be delayed due to confusion about the mailing list. The public hearing will be held as scheduled. • Employee Appreciation Lunch will be held on December 1, 2022. • Community Clean-Up event on Saturday , November 19, 2022, at 9:00 AM at Barker Park.
• Prayer at the Park Event on Saturday, December 3, 2022, at 2:00 PM at Barker Park.
• Wasco Christmas Parade and vendor fair Saturday, December 3, 2022 , at 4:00 PM.
• Toys 4 Tigers Christmas Tree Spectacular at the Elks Lodge on December 5, 2022, at 6:00 PM.

Assistant City Manager Lara announced that the City was awarded:
• Grant for $288,000 for the Spay and Neuter Imperative Project for the next three years
• Grant for $5,000 for the Bike Rodeo and Health Event

16) REPORTS FROM THE CITY COUNCIL:

Mayor Reyna reported:
• He and Council Member Martinez met with representatives from Flock • Attended the Prison Citizens Advisory Committee
• Bicycle Fun Ride on November 5, 2022
• Vaccination clinic held on Sunday , November 13, 2022; 34 individuals were vaccinated, and 33 visa gift cards were handed out.

17) CLOSED SESSION:
a. PUBLIC EMPLOYEE APPOINTMENT per GC SECTION 54957
Title: Chief of Police

No public comments

Mayor Reyna adjourned into closed session at 7:05 PM,
Mayor Reyna adjourned the closed session at 7:17 PM.
18) CLOSED SESSION ACTION:

City Manager Hurlbert reported out.

a. PUBLIC EMPLOYEE APPOINTMENT per GC SECTION 54957
Title: Chief of Police
No Reportable Action

19) ADJOURNMENT:

Mayor Reyna adjourned the meeting at 7:19 PM.

21 of 334
City of Wasco City Council Meeting Minutes, November 15, 2022

_____________________________________
Monica Flores, Deputy City Clerk

______________________________________
Vincent Martinez, Mayor

22 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 7, 2023

SUBJECT: Adopt a Resolution Authorizing The City Manager or designee to approve a purchase in an amount not to exceed $52,000.00 to purchase one Ford F-250 pick-up truck for the Wastewater Department.

Recommendation:

Staff recommends the City Council:
1) Adopt a Res olution Authorizing t he City Manager or designee to approve a purchase order in an amount not to exceed $52,000.00 to purchase one Ford F- 250 pick-up truck for the Wastewater Department.

2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not resu lt in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

This Pick-up Truck Will be Purchased for the Wastewater Department. The Wastewater Department currently has one truck with a utility bed, one pick-up truck, and one sedan in its fleet. The pick -up truck is 14 years old and will be replaced by this new truck. This vehicle will be used to tow the pull -behind jetter for sewer collections and storm drain maintenance, as well as out-of-town runs for larger parts.

On September 20, 2022, the City council approved the purchase of this vehicle thru Motor City GMC . However, Motor City has been unable to deliver this purchase due to no inventory and GM halting production on the model requested.

STAFF REPORT
City of Wasco

23 of 334
Based on the Jim Burke Ford quote, the cost of this vehicle is lower than the original initial purchase order requested. The dealership has agreed to hold this vehicle in order to receive council approval prior to purchasing.

Fiscal Impact:

The City originally budgeted $ 103,500 in the 2022- 23 budget (Project No. 23017) for the purchase of two new pickup trucks for the Wastewater department. This purchase of $52,000.00 falls within that budget.

Project No. 23017

Project Funding Sources
Prior Years 2022-23 2023-24 2024-25 2025-26 2026-27 Total Wastewater Enterprise Fund 103,500 103,500
-
-
Total - 103,500 - - - - 103,500

Project Funding Sources

Attachments:

1. Resolution

2. Jim Burke Ford Quote, Motor City Quote
24 of 334
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO APPROVE A PURCHASE ORDER IN THE AMOUNT NOT TO EXCEED $52,000.00 TO PURCHASE ONE FORD F-250 PICK-UP TRUCK

WHEREAS, the City of Wasco wishes to purchase a Ford F-250 pick-up truck from Jim Burke Ford; and
WHEREAS, the City’s cost for the truck in the amount not to exceed $ 52,000.00 is to be from the Wastewater Capital Outlay Fund; and
WHEREAS, the purchase shall be governed by and construed in accordance with the laws of the State of California.

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

SECTION 1: Adopt the Resolution approving the purchase.

SECTION 2: Authorizes the City manager or his designee to approve the purchase order and execute the purchase of one Ford F-250 pick-up truck for the Wastewater Department from Jim Burke Ford in an amount not to exceed $52,000.00 ,

-o0o-

25 of 334
I HEREBY CERTIFY that the foregoing Resolution No. 2023. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:

COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VINCENT MARTINEZ,
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

26 of 334
27 of 334
Buyer: Co Buyer: Deal #:

Deal Type (Option)
Stock Number
Year/Model
Deal Date:

Purchase Option Proposal
Home #:

Work #:

Home #:

Work #:

Payment ( w/tax)
Salesperson:

Description
$ $
$$
Interest Rate
Financial Inst.

GAP Premium
Maintenance
ESC Premium
LAH Premium
Program Type
Annual Planned Mileage
Print Time:

Note: All Proposals good through date of publication. Programs subject to change from the manufacturer daily.

Note: Above Proposals are based on the approval of premium credit.

CITY OF WASCO
406530
CBKNH6
2023 SIERRA 3500
09/08/2022
746 8TH ST
WASCO, CA 93280
(661) 567-2517
(661) 567-2517
54,138.58

0.00 PK TC30953
54,138.58

0.00 49,125.00
52,831.58

0.00 CBPPM4

0.00 0.00

0.00 0.00
NORMAL
2023 SIERRA 2500
PK TC20953
47,925.00

0.00 52,831.58
Retail (3)

CASH DEAL
Retail (4)
N/A

CASH DEAL
NORMAL
N/A

0.00 0.00

CHRISTIAN LEFAY PATRICK
54,138.58 52,831.58
11:14am
Balance

85.00 85.00
868.75 860.75
4,059.83 3,960.83
1 1
Selling Price
Aftermarket Options
Tax
License Fees
Documentary Fee
Subtotal
Trade Allowance
Trade Payoff
Total Rebates
Customer Cash
Term
28 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 7, 2023

SUBJECT: Adopt a Resolution Authorizing The City Manager or designee to approve purchases with Jim Burke Ford and Douglass Truck Bodies, Inc. in an amount not to exceed $98,000.00 to purchase one Utility truck with a crane for the Wastewater Department.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing t he City Manager or designee to approve a purchase order in an amount not to exceed $46,000.00 to purchase one Ford F- 350.

2) Adopt a Resolution Authorizing the City Manager or designee to approve a purchase order in an amount not to exceed $ 52,000.00 to purchase one truck body with a crane from Douglass truck bodies.

3) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.

Environmental Review:

Discussion:

The Wastewater Department currently needs more equipment to support the lifting and lowering equipment in the field , such as pumps and collection system equipment. This utility truck with a crane will minimize the need for crane rental s when servicing smaller sewer lift station pumps and stormwater pumps and allow us to respond to emergencies in a timely manner.

STAFF REPORT
City of Wasco

29 of 334

On November 15 , 2022, the City council approved the purchase of th is vehicle thru National Auto Fleet Group. However, NAFG has been unable to deliver this purchase due to no inventory and Ford’s high demand for the model requested.

Jim Burke Ford in Bakersfield currently has this Vehicle in stock in a 2022 mod el and has agreed to hold this vehicle in order to receive council approval prior to purchasing. Due to these unprecedented times, this vehicle purchase will require two transactions. First , the city will need to purchase the Ford F -350 from Jim Burke Ford. After this vehicle is purchased, Douglass Truck Bodies, Inc. will upfit the truck with a utility body and crane.

Based on the two quotes , the total cost of this vehicle is significantly lower than the original purchase requested.

Fiscal Impact:

The City currently has $110,314.05 budgeted for CIP (Project No. 20231) to purchase this Utility truck with a crane for the Wastewater Department. No budget action is required with approval of this item.

Attachments:

1. Resolution

2. Jim Burke Ford Quote, Douglass Quote

3. NAFG Quote
30 of 334
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO APPROVE PURCHASES WITH JIM BURKE FORD AND DOUGLASS TRUCK BODIES IN AN AMOUNT NOT TO EXCEED $98,000.00 TO PURCHASE ONE

UTILITY TRUCK WITH A CRANE FOR THE WASTEWATER DEPARTMENT

WHEREAS, the City of Wasco wishes to purchase a Ford F-350 truck from Jim Burke Ford; and
WHEREAS, the City of Wasco wishes to purchase a utility bed and crane from Douglass Truck Bodies, Inc.; and
WHEREAS, the City’s total cost for the truck and upfitting in the amount not to exceed $98,000.00 is to be from the Wastewater Capital Outlay Fund; and WHEREAS, the purchase shall be governed by and construed in accordance with the laws of the State of California.

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

SECTION 1: Authorizing the City Manager or designee to approve a purchase order in an amount not to exceed $46,000.00 to purchase one Ford F-350 from Jim Burke Ford.

SECTION 2: Authorizing the City Manager or designee to approve a purchase order in an amount not to exceed $52,000.00 to purchase and upfit one truck body with a crane from Douglass truck bodies.

-o0o-

31 of 334
I HEREBY CERTIFY that the foregoing Resolution No. 2023. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:

COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VINCENT MARTINEZ,
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

32 of 334
33 of 334
INCGiiiiiiiiiiiiiiiiiiiiiiiii.
~#at to ';a~ ~I
Sales Order# 70904
Purchase Order#
VIN#
Unit I Truck#
Key Tag#
Date
Salesman
Terms
101,31 /2022
Tim
NET30
231 21st Street
Bakersfield, CA 93301
douglasstruckbod ies.com
Phone: 661.327 .0258
Toll Free: 800.635.7641
Fax: 661.327.3894

Page 1 ends

Biii To: National Auto Fleet Group
490 Auto Center Dr
Watsonville , CA 95076
Ship Wasco City
801 8th St
Attn: Alberto Martinez
Wasco, CA 93280
Truck Make : Chevy
Chassis Color : White
Cab Type : Regular Cab
Model: 3500 GAS
Body Color : White
Cab Axle : 84"
Qty D&scriptlon
Year: 2023
Paint Code:

Rear Axle : DRW
Addit ional Information :
2 of 2 beds

FOR WASCO CITY
UstPrlce 1 • E.xtenSion
1 001-G/MAX/23 1.0 Douglass Maximizer Crane Body , 11' $ 10,950.00 $ 8,760.00 - Flat-top compartment on crane side, built-in flip-top boxes wt dividers opposite crane .
- Manufactured to fit a full sized chassis with
dual-rear -wheels and a 84" cab to axle measurement.
- Constructed with superior corrosion resistant A60
galvannealed steel.
- Heavy duty 14 & 18 gauge double panel doors with
beveled edges.
- Stainless steel piano hinges secured to body every 2.5". ·-·- __ --·------- .._ ____ :.Gas strut SU£f29.!:!?_Q!l all vertic<!Lsloo_!:.s and__!!J£:!o . .!.~ olbo_~..!!£s.: .. __ -··--·-- ... --·--·--·· 2 003-0170 1.0 Round Wheel Well (PER PAIR) $ 242.00 $ 212.96 - Heavy duty 12ga one piece round wheel well reinforced with 3/4" s lit tube.
·--3- ·008-2044 - 1.o- 3-:P oint Stainless-Steel L-atchsystemfor Moci"ei G/MAXt23 ---- -·$ -6-14--.-oo----+-- $- 5·4- 0- .-32··- - Full contact strikers offer positive lock ing to the
-·-+-----··-- -·- body in three laces for max~mum security. ·--·----·-- -·-·-- ____ ----·-

1.0 Triple Seal Weatherstripping for Model G/MAX/23 $ 520.00 $ 457 .60 4 008-4044 - OEM style weather stripping designed to protect your tools and equipment from the_ elements . -----···--- -·------·-- ·------

1.0 Wiring Harness, GM 2500-3500 Pick-Up , 2020-Current $ 229.00 $ 229.00 .-- l-·------5 008-0441 ·---- -----·--'-----------1.0 LED Tail Light Package (Grommet"Style) $ 277.00 $ 249.30 6 008-0052 - Brighter than bulb style lights for increased
visibility and safety.
- Mounted in shock absorbing rubber grommet.
- 1nc1uaes 9 Dloae wn11e LED oacK-up , 6 rnoae Rea stop /Turn liahts and 3/4" Clearance liqhts 1?££kaae. ---·- ____ ··-------- :------

1.0 Mount 11' Douglass Truck Body $ 906 .00 $ 906.00 .,_ __ ------- 7 009-0035
- Douglass certified mounting that meets or exceeds all D.O.T . re uirements. - -·-•»·-·----- -'·--·-·-- ~···--·---- - __ ... _.._ __ -·--· .. --~--·-·-----·---~---- fllleatlll!r waril/
Authorized dealer of
:>
VANA IR.

N .cUtU _,.,..,.., ii;.Kl..,_J .,
34 of 334
231 21st Street
Bakersfield, CA 93301
douglasstruckbod ies.com
(mt Item coae ' · Qty
8 010-0007 1.0
INC&iiiiiiiiiiiiiiiiiiiiiii ..

O~cription " · '''
Paint 11' Douglass Truck Body
Phone: 661.327 .0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Sales Order# 70904
Purchase Order
VIN#
Unit I Truck#
Key Tag#
Date
Salesman
Terms
' .List Price"
$ 1,800.00
10/31/2022
Tim
NET 30

Page 2 ends

$ 1,800.00
- PPG high solids corrosion resistant primer and PPG Delfeet ,_ -·----- +-- .. ...eaint aoolied by a certifi~.2.£.PG _TecJ:1..nici9!:_:_ •. _ Stainless Grab Handle w/ Gasket ·--------'" --·$2.8.oo -·---+-- $-S0.40--10 008-3065 2.0 _1_1_ ··-oo- 9--0--0-a_o __ _._2_._o Fold -Down_s_t_e_p _______ ··· ·---·--- ·------··· ·--.. -·--··--·--- i--$-1_4_6_-o_o __ --$-29- 2-.0-0- 12 009-0003
'14 009-0073 ·-- 'To-·Hitch, 2" Square Receiver, Class V (12K Capacity) - 12,000 lb Gross Tow Weight Rating
- 1,200 lb Tongue Weight Rating
- Never exceed the vehicle's weight rating, or the lowest rating of $ 695.00 $ 695.00
1 ________ . anv component of the towing s stem
15 060-0045 1.0 7-Prong OEM plug for pickups and-all GM's ----~-- --- - ___________ .........
$ 23.50 $ 21.86
._ ........ 1------ -1---•---------- --- - --· 16 009-0075 1.0 Install I Wire Trailer Connector Plug $ 64.00 $ 64.00 1----li------- +----•--------------·--·---"·-·------ ------· -+-----1.0 * * * Interior Configurations * * * $ 0.00 $ 0.00 17 069-0031 18 069-0002 1.0 Driver Side Front Compartmen tTriteriors ---·------- -·-$- O ___ o_o--•·--$-0-.0-0 .. _ 1~--Jf----~-~-~~--l------~-----~-,,.,.,...............,------~--------~--------·--------·----~---~ 68. Adjustable Shelving, (DRW) $ 3.30 $ 197.47 19 003-0103 o - Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for i - --ii------- ,_... -~l!§.X-.§lc:li\J StmE;lJ}!,§ _. _ -----------. ·------· __ .. ---- _ ··----· 20 069-0003 1.0 Driver Side Front #2 Compartment Interiors · ---~~ -··-...... -......... --.- -- -----$ 0.00 $ 0.00 21 003-0103----4·8~ - Adjustablesti e1vii19:-(0Rw) ---··- ·-·-------··-··-·--·-----· ---$· 3~o- ._$ 139.39- 0 - Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for i---f.---·----- __ -~J!§.Y..§._djustl)l~_nts. __ -· ---·· -·--· _____ ---- ··--- -· _______ -·--- --i 22 069-0005 1.0 Driver Side Horizontal Compartment Interiors $ 0.00 $ 0.00 23 069-0006 1.0 Driver Side Rear Compartment Interiors $ 0.00 $ 0.00 '--- _________ ...__ ...._ ________________ . -·--- ----·----------· '--------''--·----- Authorized dealer of
/111ea111w guaril.J YMAC
•.-a •-"" · ~
! 1111-~
-........ ii!:::::: VANAIR .

Al~flU ,.~ .... ~,_,~_,., .,.

EnPatc
0-
35 of 334
Sales Order# 70904
Purchase Order
VIN#
'liiiiiiiiiiiiiiiiiii- INC:Ciiiiiiiiiiiiiiiiiiiii&a
~ ~ 7tt~ 1tu~I
Unit I Truck#
Key Tag#
Date
Salesman
Terms
10/31/2022
Tim
NET30 231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
tn# Item Code Qty
24 003-0103 48.
0 ---25 069-0007 1.0
26 003-0103 68.
0 :-··
27 069-0008 1.0
--·· 28 003-0103 48.
0 29 069-0010 1.0
30 069-0011 1.0
31 069-0032 1.0
-32 061-1009 1.0
33 040-20 1.0
Description <·
Adjustable Shelving, (DRW)
Phone: 661.327 .0258
Toll Free: 800.635.7641
Fax: 661.327.3894
~'\,.
- Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.
c urb Side Front comp artmenti'n teriors .~ --···---------

Page 3 ends

List Price ,~ Extension
$ 3.30 $ 139.39
,,_.,...,,,..,, ____ .
$ 0.00 ,_$ 0.00 -
Adjustable Shelving, (DRW)
. ..... __
- Heavy duty galvanized steel for corrosion resistance. $ 3.30 $ 197.47
- Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easv adjustments .
~-----
Curb Side Front #2 Compartment Interiors $ 0.00 $ 0.00
--·- ....... - ... --..... .,,.,,,. ...... _.....___,, ... -··,,.,.--· ,_ .. ,.__ . .__...,.,... ........ ,.,.,_ .. ,_._ ..... _ . ..,..,,.,__,....,,. ........ ..... ,,,_,.__.,_ .......... ____ --... ..-...................... _ .... _ Adjustable Shelving, (DRW) $ 3.30 $ 139.39 - Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.

Curb Side Horizontal Compartment Interiors $ 0.00 $ 0.00 -- ·-Curb Side Rear Compartment Interiors $ 0.00 $ 0.00 * * * Crane Configurations * * * $ 0.00 $ 0 .00
·------.--· ··-- •·
Auto Crane E.HC-32 PR, HW, 320989003 $ 13,508.00 $
- 7' to 11 ' to 15', Manual Extensions 11,944.80
- Previously "3203"
- 360° Continuous Power Rotation
- 30 ft Hard-Wired Control
- Swivel block with hook latch
- Power -5° to 75° boom elevation
- Automatic overload protection
- Meets OSHA 1910.180 requirements and ANSI 830.5 safety standards
- 8,800 GVWR minimum chassis requirement
- Two Year Factory warran_tY,_ ·-·----· ..... ____ ·-
,.,.,__,, ... ..,.
----Inbound Freight for AC3203 Crane $ 325.00 $ 325.00
-
...,...,.._,..,._ .. _ ·--- ------- --·----·
Author ized dealer of
/111eatln!r waril] VMAC ....,. .. - ... ~
ii!:::!!:
. ,_ ·i
d.i> la1arsolllland. VANA I R.

N"' ttl' uw·o~n""~~ '""
EnPat<:
0-
36 of 334
231 21st Street
Bakersfield, CA 93301
douglasstruckbod ies.com
t:b# i•mCQde ... : Qty
34 009-0065 1.0
- --35 060-0051 1.0
36 003-0060 1.0
37 009-0058 1.0
:-
38 009-0104 1.0
39 067-0034 1.0
40 069-0034 1.0
41 008-1020 4.0
~n----..
---42 009-107 4.0

1.0 44 071-0117 1.0
45 071-0242 1.0
46 071-0243 1.0
47 071-0241 1.0
- -----..--·~·
i ll llllllllll ~
~
Sales Order# 70904
Oescription ,,, '~;". .,:,. ...

Install, Crane , 1000# - 3500#
Phone: 661.327 .0258
Toll Free: 800.635.7641
Fax: 661.327.3894
.. .. ,fa;, ,,;,:: •: .,, ,,. y,:'
Purchase Order
VIN#
Unit I Truck#
Key Tag#
Date
Salesman
Terms
· ld$t.Prlce
$ 277.00
ANL-250 , Bussman Fuse &-HolderK·ir·-·-·---·--- .. -··--·--·-- -··----$ 87.00 ~---· -· Hoist Support , 30001b- Cranes $ 775.00
- Unnraded understructure and compartment sunnort for crane. , .. _, __ Boom Support , up to 3,500# Cap. $ 340.00
·--- ·---------Stiff Leg, Crank Style $ 263.00
-A-1 Springs, C-2500-3500 DRW 2 Crane Side 1 Other $ 982.00 -· * * * Cargo Control System * * * $ 0.00
Tie Down , HD, 6000LB Weld $ 23.30
10/31/2022
Tim
NET 30

Page 4 ends

:· . .: ;, Exteilsioffi!:.
$ 277.00
~----~-
$ 87.00
$ 682.00
$ 299.20
--$ 236.70
$ 932.90
$ 0.00
$ 83.88
. - -~---~··---- --- -- _ .. _·-·--·
Install, Tie Downs (Weld-in and Flush Mount) $ 64.00 $ 256.00 ---·
.... "" .
* * * Air N Arc Package * * * $ 0.00
vanair Air N Arc 150, 19HP, 30 Gallon Air Storage:l1:5Gallon--·------- -----$ 10,444.00 $ Fuel (050680) 10,444.00
- 19hp Kohler Gasoline Engine
- 30 Gallon Air Tank
- 20 CFM up to 150 PSI
- Welder Output :1 50amp CC/@ 100% duty
- CV/DC
- Independent Welding Generator
- Generator Capacity : 5KW Peak/4.2KW Continuous120V/240 V - 11.5 Gallon Fuel Capacity
- 48.0 L" x 22 W" x 41.0 H"
- 12/24V charge/boost capability
- Remote Panel Mount Capabilitv '._ . .,_,.. _____ ,,_,_,,, __ .

Vanair Remote Control Panel Connection Harness Rev-6 (TLPl-6) $ 406.72 $ 406.72 - Install in CSF1 ··-··----- .. ·---·-·----·-- >----·------ -----· Vanair California GARB Compliance Kit (032851) $ 106.00 $ 106.00 ---~-----.. -
.._ __ -
Vanair B ~ tterv . Boost c ;bles-20' Anderson Connector . for 150 g; 205 .00 g; 205 .00 (MA36223)
·~ ------·-·-··--··--·N-· ·~~---·---··-----~~ .. -~ .... ~.A---·--·-... -------- Authorized dealer of
/111sa11111r auaril/ ~-- YMAC
~n •-•• ~
···;;.
ii!:::: Y.~,.'!A. ! .. '!: EnPaK: c-
37 of 334
tliiiiiiiiiiiiiiiiiiiiiiiiiiiiil lNCliiiiiiiiiiiiiiiiiiiiiiiiiiii/I Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
- Includes Electrode and Ground Cable
Sales Order# 70904
Purchase Order
VIN#
Unit I Truck#
Key Tag#
Date 10/31/2022
Salesman Tim
Terms NET 30

Page 5 ends

.:'.J~:\il~,~pncij''1!1):!;i'' :,~ · ~$.too.:i:
$ 454.00 $ 454.00
• ........, ______ ,.__ 1 - 25' Weldin Cables

1.0 'Freight Inbound $ 700.00 49 040-02 $ 700.00
l---t -------1--· -t--..:.F..:.r.:::;ei~ht~i:.:::.s ...:::e~s ~tim.!.:!::.at:.:,:e~d:,.... Ejpal Jreig,!JlIBD at time of shi ifl9,_. __ -·---- --4---- 50 009-100 4.0 Taxable Labor- Mounting Department $ 138.00 51 069-0038
52 062-0401
53 009-100
54 040-0500
55 069-0074
-~-·----------·"---1.0 * * * Tommy Gate Package * * *
$ 552.00
$ 0.00

1.0 Tommy Ga'te"Model -G2-54-·1342 TP38
- Dual Cylinder Design
- 1,300 Lbs. Capacity
- (2) piece folding black steel platform
- 58" x 38" load area with 4" taper
- 42" of travel
$ 0.00
---·------·----· - ----$ 2,831.00 $ 2,632.83
- Weig_ti_t: 435 -·--------------·-·-··-····-----·- .... ______ ------··

7.0 Taxable Labor - Mounting Department $ 138.00 $ 966.00 ·!------------------·-1.0 Freight, Inbound $ 500.00 $ 500.00

1.0 * * * Ladder Rack Package * * * ··-·--·----------·-· ---·--·- --'·---- -! $ 0.00 $ 0.00 l--l------~--1--------------------·---------·· - ·--.. ~·----.~_....,~-.. ____ .,._, . ., 56 009-9038 1.0 Side Mount Ladder Rack $ 1,165.00 $ 1,165.00 i - -i.------- i--- i - Driversid.s!.._ _____ ·--··-·-·--··---·- 57 010-0076 1.0 Paint Ladder Rack White $ 528.00 $ 528.00 - PPG high solids corrosion resistant primer and PPG Delfeet aint a lied b a certified PPG Technician. _________ _... __ ,_..c;,;::;.;.;.:.;;..;:;;,i:;=:..;;;:_;c:;.J_;:;_,.:;_.:::..:,.;.;.;.;.;;;.;~...:....:.....;;;;_;._;;;.;;.;..;~.;=.;--------1------- ----- 58 069-0036 1.0 * * * Body Protection Package * * * $ 0.00 $ 0.00 · -i~-------"····----

2.0 Alum Dia Plate, Rock Splash Guards 35"-41" ------·--·---· t-----1 59 003-0001 - Aluminum placed on front of compartments behind cab
to protect body from rocks and other road debris.
$ 140.00 $ 210.00
1---1------- - - ·---· . - ·-··---- -----··-·--,- 4---60 003-0013 2.0 Alum Dia Plate, Overlay (11' DRW) $ 391.00 $ 586.50 - Aluminum caps placed on top of the compartments protect your body
from the wear and tear caused from daily use.
- Aluminum ca s also cover the dri ed e of the bod
Authorized dealer of
~
!11 111111~
---
fllleatllfll'ijijjrlL/ ~· YM:,.4g,
il!:::t Y..4 .!!..~~..'!. : <lB> l•1arsollfland. ~
' " 1'' ....
lP 1 .. t ~'~..o(;
38 of 334
Sales Order# 70904
Purchase Order
VIN#
Unit I Truck#
Key Tag#
Siiiiiiiiiiiiiiiiiiiiiiiiiiia lNC&iiiiiiiiiiiiiiiiiiiiiiiii- Date 10/31 /2022 231 21st Street
Bakersfield, CA 93301
douglasstruckbod ies.com
t.n# Item Code"" Qty
61 008-0301 1.0
62 090-001 1.0
-

NON-TAX ITEMS
LO# rtem·code · Qty
9 060-23 1.0
Description
Mud Flaps, 24x36 & 30 & 14, DRW
Pickup & Delivery
Deliverv to wasco
Description
Weight Certificate
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
:::.
-
- certified vehicle weiqht certificate for OMV reqistration. ,
Salesman
Terms
list Price
$ 61.00
$ 200.00
List Price
$ 40.00
Tim
NET 30

Page 6 ends

Extension
$ 54.90
·-$ 200.00
--
IEXtenSlon ·
$ 40.00
Subtotal: $ 50,255.88
Sales Tax: $ o.oo
Shipping: $ 0.00
Grand Total:$ 50,255.88
Received By: ____________________ Date: ______________ _ Revision# 7 Page 6 of6
Authorized dealer of
/1J1eatllt!I' auariiJ ~· · YIJ.:!.-4.Q.

A tUfNiiir} EnPaK' ii!:'..'..!!; Y.~. ~.1L~: ({ij>111arsoHflamt ..,, .. w c- 39 of 334
11 /8/22, 7:04 AM
11/7/2022
11 /8/2022 Re-Configured
Alberto Martinez
City of Wasco
Water/Wastewater
764 Est
Wasco, California , 93280
Dear Alberto Martinez ,
Sell, service, and deliver letter
Nati~0~-~~01~~!~ f!~~t Group
480 Auto Ce11UI' Dr ive , Wotso:nviUe, CA 9507 6
[855) 289 · 8572 • [831 J 480·8497 Fu
F leetO Nation a I Auto F I eetGrou p , com
·----------- - ------
Quote ID: 33278 R1
Order Cut Off Date: 12/16/2022
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

Two (2) New/Unused (2023 Ford Super Duty F-350 DRW (F3G) XL 2WD Reg Cab 169" WB 84" CA, Douglass 12' Crane Body + Handling $3500.00) and delivered to your specified location, each for One Unit Extended
Unit's (2)
Contract Price $48, 142.78 $96,285.56
Douglass 12' Crane Body
+ Handling $3500.00
Tax (8.2500 %)
Tire fee
Total
- per the attached specifications.
$53,755.88
$8,406.64
$8.75
$110,314.05
$107,511.76
$16,813.28
$17.50
$220,628.10
This vehicle(s) is available under the Sourcewell Contract 091521-NAF . Please reference this Contract number on all purchase orders to National Auto Fleet Group. Payment terms are Net 20 days after receipt of vehicle.

Thank you in advance for your consideration . Should you have any questions , please do not hesitate to call.

Sincerely,
Jesse Cooper
Account Manager
Email: Fleet@Nat ionalAutoFlee tGroup.com
Office: (855) 289-6572
l=:;i x: (83 1) 480-8497
@
TOYOTA
https://www.nationa lautofleetgroup .com/OrderRequesUSSDPrinU332 78?ws=True&se=True&ssdType =OrderRequest CIM C
2/11
40 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 7, 2023

SUBJECT: Adopt a Resolution Authorizing the City Manager or designee to approve purchases with Jim Burke Ford and Douglass Truck Bodies, Inc. in an amount not to exceed $89,000.00 to purchase one Utility truck with a crane for the Water Department.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing t he City Manager or designee to approve a purchase order in an amount not to exceed $46,000.00 to purchase one Ford F- 350.

2) Adopt a Resolution Authorizing the City Manager or designee to approve a purchase order in an amount not to exceed $ 43,000.00 to purchase one truck body with a crane from Douglass Truck Bodies, Inc.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The Water Department currently has an aging utility truck with crane (truck #51) that needs replacement. The purchase of this new utility truck will support the lifting and lowering of equipment in the field such as fire hydrants, gate valves, and larger-diameter pipes. This crane will minimize the need for a crane rental when performing water distribution system maintenance.

STAFF REPORT
City of Wasco

41 of 334

Jim Burke Ford in Bakersfield currently has this Vehicle in stock in a 2022 model and has agreed to hold this vehicle in order to receive council approval prior to purchasing. Due to these unprecedented times, this vehicle purchase will require two transactions. First , the city will need to purchase the Ford F -350 from Jim Burke Ford. After this vehicle is purchased, Douglass Truck Bodies, Inc. will upfit the truck with a utility body and crane.

Based on the two quotes , the total cost of this vehicle is significantly lower than the original purchase requested.

Fiscal Impact:

The City budgeted $162,000 in the 2022-23 budget (Project No. 22005) for this Utility truck and a smaller utility vehicle for the Water Department. The cost of this vehicle is well under the remaining budget for this project. No budget action is required with approval of this item.

Attachments:

1. Resolution

2. Jim Burke Ford Quote, Douglass Quote

3. NAFG Quote
42 of 334
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR HIS DESIGNEE TO APPROVE PURCHASES WITH JIM BURKE FORD AND DOUGLASS TRUCK BODIES IN AN AMOUNT NOT TO EXCEED $89,000.00 TO PURCHASE ONE

UTILITY TRUCK WITH A CRANE FOR THE WATER DEPARTMENT

WHEREAS, the City of Wasco wishes to purchase a Ford F-350 truck from Jim Burke Ford; and
WHEREAS, the City of Wasco wishes to purchase a utility bed and crane from Douglass Truck Bodies, Inc.; and
WHEREAS, the City’s total cost for the truck and upfitting in an amount not to exceed $89,000.00 is to be from the water Capital Outlay Fund; and WHEREAS, the purchase shall be governed by and construed in accordance with the laws of the State of California.

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

SECTION 1: Authorizing the City Manager or designee to approve a purchase order in an amount not to exceed $46,000.00 to purchase one Ford F-350 from Jim Burke Ford

SECTION 2: Authorizing the City Manager or designee to approve a purchase order in an amount not to exceed $43,000.00 to purchase one truck body with a crane from Douglass Truck Bodies, Inc.

-o0o-

43 of 334
I HEREBY CERTIFY that the foregoing Resolution No. 2023. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:

COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VINCENT MARTINEZ,
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

44 of 334
45 of 334
Wasco City
7460 - 8th Street
Wasco, CA 93280-0000
Purchase Order #
VIN #
Unit / Truck#
Date
Salesman
Terms
71887
01/31/2023
Tim
COD
Bill To: Ship
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Wasco City
7460 - 8th Street
Wasco, CA 93280-0000

Page 1 ends

Sales Order #
White
2023
60"
Attn: Alberto
Year:

WhiteChassis Color: Body Color:

Additional Information:Truck Make: Model:

Rear Axle:

Ford
Cab Axle:Cab Type:

Paint Code:

DRW
F350
Key Tag #
Ln# Item Code Qty Description List Price Extension
1 001-E/MAX/23 1.0 Douglass Maximizer Crane Body, 9'
- Flat-top compartment on crane side, built-in flip-top boxes w/ dividers opposite crane.
- Manufactured to fit a full sized chassis with
dual-rear-wheels and a 60" cab to axle measurement.
- Constructed with superior corrosion resistant A60
galvannealed steel.
- Heavy duty 14 & 18 gauge double panel doors with
beveled edges.
- Stainless steel piano hinges secured to body every 2.5". - Gas strut supports on all vertical doors and flip-top toolbox lids. $ 9,770.00 $ 8,304.50
2 003-0170 1.0 One Piece Wheel Well (PER PAIR)
- Heavy duty 12ga one piece round wheel well reinforced with 3/4" split tube.
$ 255.00 $ 224.40
3 008-2017 1.0 3 - Point Stainless Steel Latch System for Model E/MAX/23 - Full contact strikers offer positive locking to the
body in three places for maximum security.
$ 490.00 $ 431.20
4 008-4017 1.0 Triple Seal Weatherstripping for Model E/MAX/23 - OEM style weather stripping designed to protect your tools and equipment from the elements.
$ 482.00 $ 424.16
5 008-0412 1.0 Wiring Harness, Ford Chassis
- OEM type harness that plugs directly into vehicles existing light wiring harness requiring no cutting or splicing.
$ 242.00 $ 217.80
6 008-0052 1.0 LED Tail Light Package (Grommet Style)
- Brighter than bulb style lights for increased
visibility and safety.
- Mounted in shock absorbing rubber grommet.
- Includes 9 Diode White LED back-up, 6 Diode Red Stop/Turn lights, and 3/4" Clearance lights package.
$ 292.00 $ 262.80
Authorized dealer of
46 of 334
Salesman
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Tim
01/31/2023
COD
Purchase Order
VIN #
Terms
Date
Unit / Truck#
71887
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Salesman
5 Page 2 of
Sales Order #
Key Tag #
Ln# Item Code Qty Description List Price Extension
7 009-0033 1.0 Mount 9' Douglass Truck Body
- Douglass certified mounting that meets or exceeds all D.O.T. requirements.
$ 1,740.00 $ 1,740.00
8 010-0005 1.0 Paint 9' Douglass Truck Body
- PPG high solids corrosion resistant primer and PPG Delfeet paint applied by a certified PPG Technician.
$ 1,643.00 $ 1,643.00
10 008-3065 2.0 Stainless Grab Handle w/ Gasket $ 29.48 $ 53.06 11 009-0080 2.0 Fold Down Step $ 153.70 $ 307.40
12 009-0003 1.0 Bumper Plates, Mounted on Both Sides of Liftgate $ 338.00 $ 338.00 13 069-0029 1.0 * * * Standard Towing Package * * * $ 0.00 $ 0.00 14 009-0073 1.0 Hitch, 2" Square Receiver, Class V (12K Capacity) - 12,000 lb Gross Tow Weight Rating
- 1,200 lb Tongue Weight Rating
- Never exceed the vehicle's weight rating, or the lowest rating of any component of the towing system
$ 732.00 $ 732.00
15 060-0072 1.0 7-Prong Hardwired plug for chassis, except GM's and pickups $ 13.79 $ 13.79 16 009-0075 1.0 Install / Wire Trailer Connector Plug $ 67.40 $ 67.40 17 069-0031 1.0 * * * Interior Configurations * * * $ 0.00 $ 0.00 18 069-0002 1.0 Driver Side Front Compartment Interiors $ 0.00 $ 0.00 19 003-0103 68.
0 Adjustable Shelving, (DRW)
- Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.
$ 3.48 $ 208.24
20 069-0005 1.0 Driver Side Horizontal Compartment Interiors $ 0.00 $ 0.00 21 069-0006 1.0 Driver Side Rear Compartment Interiors $ 0.00 $ 0.00 22 003-0103 48.
0 Adjustable Shelving, (DRW)
- Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.
$ 3.48 $ 147.00
Authorized dealer of
47 of 334
Salesman
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Tim
01/31/2023
COD
Purchase Order
VIN #
Terms
Date
Unit / Truck#
71887
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Salesman
5 Page 3 of
Sales Order #
Key Tag #
Ln# Item Code Qty Description List Price Extension
23 069-0007 1.0 Curb Side Front Compartment Interiors $ 0.00 $ 0.00 24 003-0103 68.
0 Adjustable Shelving, (DRW)
- Heavy duty galvanized steel for corrosion resistance. - Shelves are "Fully" adjustable with virtually infinite placement options.
- Mounted on rolled channel and secured with spring-nuts for easy adjustments.
$ 3.48 $ 208.24
25 069-0010 1.0 Curb Side Horizontal Compartment Interiors $ 0.00 $ 0.00 26 069-0011 1.0 Curb Side Rear Compartment Interiors $ 0.00 $ 0.00 27 069-0032 1.0 * * * Crane Configurations * * * $ 0.00 $ 0.00 28 061-1009 1.0 Auto Crane EHC-3² PR, HW, 320989003
- 7' to 11' to 15', Manual Extensions
- Previously "3203"
- 360° Continuous Power Rotation
- 30 ft Hard-Wired Control
- Swivel block with hook latch
- Power -5° to 75° boom elevation
- Automatic overload protection
- Meets OSHA 1910.180 requirements and ANSI B30.5 safety standards
- 8,800 GVWR minimum chassis requirement
- Two Year Factory Warranty
$ 13,508.00 $
12,562.44
29 040-20 1.0 Inbound Freight for AC3203 Crane $ 345.00 $ 345.00 30 009-0065 1.0 Install, Crane, 1000# - 3500# $ 292.00 $ 292.00 31 060-0051 1.0 ANL-250, Bussman Fuse & Holder Kit $ 91.60 $ 91.60 32 003-0060 1.0 Hoist Support, 3000lb- Cranes
- Upgraded understructure and compartment support for crane. $ 816.00 $ 718.08
33 009-0058 1.0 Boom Support, up to 3,500# Cap. $ 358.00 $ 315.04 34 009-0104 1.0 Stiff Leg, Crank Style $ 277.00 $ 249.30 35 067-0015 1.0 A-1 Springs, F-350 DRW 2 Crane Side 1 Other $ 963.00 $ 963.00 36 069-0034 1.0 * * * Cargo Control System * * * $ 0.00 $ 0.00 Authorized dealer of
48 of 334
Salesman
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Tim
01/31/2023
COD
Purchase Order
VIN #
Terms
Date
Unit / Truck#
71887
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Salesman
5 Page 4 of
Sales Order #
Key Tag #
Ln# Item Code

NON-TAX ITEMS
Qty Description List Price Extension
9 060-23 1.0 Weight Certificate
- certified vehicle weight certificate for DMV registration. $ 42.11 $ 42.11
Ln# Item Code Qty Description List Price Extension
37 008-1020 4.0 Tie Down, HD, 6000LB Weld $ 24.53 $ 88.31 38 009-107 4.0 Install, Tie Downs (Weld-in and Flush Mount) $ 67.40 $ 269.60 39 069-0038 1.0 * * * Tommy Gate Package * * * $ 0.00 $ 0.00 40 062-0401 1.0 Tommy Gate Model G2-54-1342 TP38
- Dual Cylinder Design
- 1,300 Lbs. Capacity
- (2) piece folding black steel platform
- 58" x 38" load area with 4" taper
- 42" of travel
- Weight: 435
$ 2,973.00 $ 2,824.35
41 009-100 7.0 Taxable Labor - Mounting Department $ 145.00 $ 1,015.00 42 040-0500 1.0 Freight, Inbound $ 500.00 $ 500.00
43 069-0074 1.0 * * * Ladder Rack Package * * * $ 0.00 $ 0.00 44 009-9038 1.0 Side Mount Ladder Rack $ 1,165.00 $ 1,165.00 45 010-0076 1.0 Paint Ladder Rack White
- PPG high solids corrosion resistant primer and PPG Delfeet paint applied by a certified PPG Technician.
$ 528.00 $ 528.00
46 069-0036 1.0 * * * Body Protection Package * * * $ 0.00 $ 0.00 47 003-0001 2.0 Alum Dia Plate, Rock Splash Guards 35"-41" - Aluminum placed on front of compartments behind cab
to protect body from rocks and other road debris.
$ 147.40 $ 259.42
48 003-0011 2.0 Alum Dia Plate, Overlay (9' DRW)
- Aluminum caps placed on top of the compartments protect your body
from the wear and tear caused from daily use.
- Aluminum caps also cover the drip edge of the body.
$ 325.00 $ 572.00
49 008-0301 1.0 Mud Flaps, 24x36 & 30 & 14, DRW $ 64.30 $ 57.87 Authorized dealer of
49 of 334
Salesman
Phone: 661.327.0258
Toll Free: 800.635.7641
Fax: 661.327.3894
Tim
01/31/2023
COD
Purchase Order
VIN #
Terms
Date
Unit / Truck#
71887
231 21st Street
Bakersfield, CA 93301
douglasstruckbodies.com
Salesman
5 Page 5 of
Sales Order #
Key Tag #
Subtotal:

Sales Tax:

Shipping:
$ 3,146.47
$ 38,181.11
$ 0.00
Grand Total:$ 41,327.58
Revision # 5 Page 5 of6
Authorized dealer of
Received By:_______________________________________________ Date:____________________________________ 50 of 334
11 /8/22, 7:04 AM
11/7/2022
11 /8/2022 Re-Configured
Alberto Martinez
City of Wasco
Water/Wastewater
764 Est
Wasco, California , 93280
Dear Alberto Martinez ,
Sell, service, and deliver letter
Nati~0~-~~01~~!~ f!~~t Group
480 Auto Ce11UI' Dr ive , Wotso:nviUe, CA 9507 6
[855) 289 · 8572 • [831 J 480·8497 Fu
F leetO Nation a I Auto F I eetGrou p , com
·----------- - ------
Quote ID: 33278 R1
Order Cut Off Date: 12/16/2022
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration.

Thank you in advance for your consideration . Should you have any questions , please do not hesitate to call.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 7, 2023

SUBJECT: Adopt a Resolution Authorizing The City Manager or designee to approve a purchase order in an amount not to exceed $27,000.00 to purchase one towable boom lift (model T350) from United Rentals.

Recommendation:

Staff recommends the City Council:
1) Adopt a R esolution Authorizing t he City Manager or designee to approve a purchase order in an amount not to exceed $27,000.00 to purchase one towable boom lift (model T350) from United Rentals.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not resul t in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

In Mid-2022, the Public Works bucket truck, wh ich was used to lift personnel in the air to work on street lights, had to be pulled out of service due to inspection failure. This failure was due to a hole in the liner of the bucket where crew members stood, and it required the City to send the truck to a certified mechanic to have it looked over in the hopes of making the repair and having it recertified.

When the truck was at the mechanic shop, they found other issues with the boom cabling and some problems with some mechanical components. The repair cost was estimated to be over $15,000 to get the truck back into service. Due to the truck's age, it was

STAFF REPORT
City of Wasco

52 of 334
determined that the truck's value is under $15,000, and it was not to the City’s benefit to pay for these repairs.

Since then, Staff has been searching for a newer towable boom lift to purchase . The benefit of the towable boom lift is that it is smaller and easier to store, requires less maintenance due to its lack of a transmission, and the motor is much smaller, and any staff member with a standard Class C license can tow it.

Staff attempted to procure quotes from Sourcewell, Genie, United Rentals, Ahern Rentals, and Cromer and only received a quote from United Rentals, who provided two quotes, as seen below.

Year / Model Lift Reach Price

2017 / T350 30 – 36 feet $26,936.93

2014 / TZ-50 46 – 50 feet $36,642.63

Both models are used, but the T350 only has 243.9 hours, and the TX-50 is electric with only 364.7 hours. For Public Works use, the T350 will allow us to reach all of the lights around town and will be cheaper to maintain due to not having to replace batteries like the model TX-50.

After reviewing the provided quotes and model specifications, Staff has determined that purchasing the 2017 model T350 would be the most advantageous decision. The lift reach should meet all of our needs, the price Is 30% less, and the maintenance will be cheaper and easier in the long run.

Staff is proposing to utilize funds from Project 20214, “Street Lighting Installation City Wide,” to make this purchase , as the lift will directly affect our ability to maintain streetlights around town. This lift will also be utilized to finish the rest of the post -top LED light conversions around town while avoiding lift rental expense.

Fiscal Impact:

The City budgeted $690,000 in the 2022- 23 budget (Project No. 2 0214) for additional street lighting installations, the first of which is currently in design for 1 st through 5th Streets
and is expected to cost around $450,000 to complete (Design and Construction) which leaves $240,000 remaining. Approving the purchase of this lift will leave a remainder of $213,063.07 to be used on the design of the next area of street light additions.

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Attachments:

1. Resolution

2. Quote
54 of 334
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO APPROVE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED $27,000.00 TO PURCHASE ONE TOWABLE BOOM LIFT (MODEL T350) FROM UNITED RENTALS.

WHEREAS, the City of Wasco wishes to purchase a towable lift from United Rentals; and WHEREAS, the City’s cost for the towable lift in an amount not to exceed $27,000.00 is to be from the Capital Outlay Fund.

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

SECTION 1: Authorize the City Manager or his designee to execute all related documents and approve a purchase order in an amount not to exceed $27,000.00 to purchase one towable boom lift (model T350) from United Rentals.

-o0o-

55 of 334

I HEREBY CERTIFY that the foregoing Resolution No. 2023. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:

COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VINCENT MARTINEZ,
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

56 of 334
This is not an invoice
Please do not pay from this document

SALE QUOTE
Page: 1
Qty Equipment # Price Amount 1 10679081 CC: 310-3080 24884.00 24884.00 BOOM 30-36' TOWABLE GAS
Make: JLG Model: T350 Serial #: 0030008828 Model Year: 17 Lic: SE683304
HR OUT: 243.900
Sub-total: 24884.00
Tax: 2052.93
Total: 26936.93
CONTACT: CAMERON I

MULTIPLE JOBSITE
764 E
WASCO CA 93280-1930
Office: 661-758-7235

CITY OF WASCO

CITY OF WASCO
764 E STREET
WASCO CA 93280-1930
BRANCH 434
34929 PETROL ROAD
BAKERSFIELD CA 93308-5934
661-631-2900 # 215459351
Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Job Site Customer # :

Quote Date :

UR Job Loc :

UR Job # :

Customer Job ID:

P.O. # :

Ordered By :

Written By :

Salesperson :
3428046
01/26/23
764 E, WASCO
1 NPOR

CHRIS SHAW

LISA MCNUTT

LISA MCNUTT
Note: This proposal may be withdrawn if not accepted within 30 days.

WHERE PERMITTED BY LAW, UNITED RENTALS MAY IMPOSE A SURCHARGE OF 1.8% FOR CREDIT CARD PAYMENTS ON CHARGE ACCOUNTS. THIS SURCHARGE IS NOT GREATER THAN OUR MERCHANT DISCOUNT RATE FOR CREDIT CARD TRANSACTIONS AND IS SUBJECT TO SALES TAX IN SOME JURISDICTIONS.

THIS IS NOT A SALE AGREEMENT/INVOICE. THE ITEMS LISTED ABOVE ARE SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE TERMS AND CONDITIONS OF UNITED'S SALE AGREEMENT/INVOICE WHICH ARE AMENDED FROM TIME TO TIME AND POSTED ONLINE AT https://www.unitedrentals.com/legal/sale-agreement AND INCORPORATED HEREIN BY REFERENCE. A PAPER COPY OF THE SALE AGREEMENT/INVOICE TERMS IS AVAILABLE UPON REQUEST. 57 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 7, 2023

SUBJECT: Adopt a Resolution Authorizing The City Manager or designee to approve a purchase order in an amount not to exceed $69,000.00 for a purchase of one Utility Van for the Facilities Maintenance Department from Haddad Dodge.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing t he City Manager or designee to approve a purchase order in an amount not to exceed $69,000.00 to purchase one Utility Van for the Facilities Maintenance Department from Haddad Dodge.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/ administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

On August 2, 2022, the City Council approved the purchase of a utility van for the Facilities Maintenance Department from Haddad Dodge. After Council approval, Staff reached out to Haddad Dodge only to find out that another sales member had already sold the vehicle to another customer. Upon realizing they had made a mistake, Haddad Dodge tried to make an order for another utility van for the City but was unable to due to manufacturer delay issues.

STAFF REPORT
City of Wasco

58 of 334
In the past couple of weeks, Staff received notification that Haddad Dodge had acquired another van suitable for our needs. Staff then reached out to Haddad to look at the vehicle and got the Dealership to agree to hold it for us until after the next Council meeting to allow for Council approval prior to purchasing.

The City Council has approved Project No. 22007 in the 2022-23 budget for three vehicles, one of which is a new service vehicle for the Facilities Maintenance Department. The staff has researched different options on what vehicle may be the most useful for the Facilities Department. When looking into options, purchasing a utility van rose to the top of the list with its ability to be fully secured overnight , hold various types of tools, equipment, and materials, and the general affordability. In comparison to purchasing a new service truck, the cost would be almost the same as the van before the expense of a utility bed at a cost of $10,000 to $15,000 plus installation fees . Even with a utility bed, the truck wil l be less secure than a van.

Staff procured quotes from three different Manufacturers, Dodge (Ram), Ford, and Mercedes, and received the following:

Manufacturer Cost Lead Time

Ram Promaster $51,260.00 In Stock

Ford Transit $55,459.78 10 – 12 Months

Mercedes Sprinter $58,946.97 No Estimate

The particular van we are interested in purchasing has a base price of $51,260.00 . It includes a $12,692.00 option package that includes: shelving and tool storage, fold-down ladder racks, and a steel security door to prevent people from easily breaking into the van. The final cost is $68,361.80 after receiving a $1,000.00 rebate.

After reviewing the provided quotes and lead times, Staff has determined that purchasing the Ram Promaster Van will be the most cost and time-effective route to take.

As such, Staff recommends authorizing the City Manager or designee to approve a purchase order not to exceed $69,000.00 to purchase one Ram Promaster Van from Haddad Dodge.

Fiscal Impact:

The City budgeted $166,000 in the 2022-23 budget (Project No. 22007) for three vehicles, one of which is this service vehicle for the Facilities Maintenance Department. Council has already approved the purchase of an SUV for the Fleet Maintenance Department with a cost of $39,610.64, which left $126,389.36 remaining. This purchase of $69,000.00 will leave a remainder of $57,389.36 for the final vehicle left to be purchased as part of this Project (Fleet Service Truck). No budget action is required with approval of this item.

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Attachments:

1. Resolution

2. Quote
60 of 334
RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO APPROVE A PURCHASE ORDER TO PURCHASE ONE RAM

PROMASTER VAN FOR THE FACILITIES DEPARTMENT FROM HADDAD DODGE IN AN AMOUNT NOT TO EXCEED $69,000.00

WHEREAS, the City of Wasco wishes to purchase a Promaster Van from Haddad Dodge; and
WHEREAS, the City’s cost for the Utility Van in an amount not to exceed $69,000.00 is to be from the Capital Outlay Fund.

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

SECTION 1: Authorizes the City Manager or designee to approve a purchase order for one Ram Promaster van for the Facilities Department from Haddad Dodge in an amount not to exceed $69,000.00.

-o0o-

I HEREBY CERTIFY that the foregoing Resolution No. 2023. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:

COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VINCENT MARTINEZ,
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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62 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resources Manager

DATE: February 7, 2023

SUBJECT: Approval of Travel Expenses Exceeding $500.00 per trip for the Human Resources Manager to attend the 16th Annual FTA Drug and Alcohol Program National Conference on March 14-16, 2023, in San Diego, CA.

Recommendation:

Staff recommends the City Council:
1) Approval of the travel expenses exceeding $500.00 per trip for the Human Resources Manager to attend the 16th Annual FTA Drug and Alcohol Program National Conference on March 14-16, 2023, in San Diego, CA.

Environmental Review:

Discussion:

This request is for approval of staff to attend the Human Resources Manager, Nancy Vera, to attend the 16th Annual FTA Drug and Alcohol Program National Conference on March 14-16, 2023, in San Diego, CA.

This training is designed for Drug and Alcohol Program Managers (DAPMs) and includes topics of update from the Office of Drug and Alcohol Policy and Compliance (ODAPC), Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operators, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, and various other sessions catered to running a compliant drug and alcohol program.

STAFF REPORT
City of Wasco

63 of 334
The cost of the conference, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy limits established by City of Wasco Resolution No. 2006 - 2327, limiting expenses to $500.00 per trip. As a result, the City Council must approve the travel request as the expenses for this trip will exceed $500.00.

Fiscal Impact:

It is estimated that the cost of th is training will not exceed $125 0.00, including the conference and travel expenses. The training cost is contained in the adop ted FY 2023 Budget; No budget action is required with approval of this item.

Attachments:

1. Conference Guide

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1/30/23, 1:46 PM Drug & Alcohol Program | FTA
https://transit-safety.fta.dot.gov/DrugAndAlcohol/Training/NatConf/2023/Register.aspx 1/2 16th Annual FTA Drug and Alcohol Program National Conference March 14-16, 2023 / San Diego, CA
Home Location/Hotel Registration Agenda & Speakers Presentations & Course Descriptions This FREE three-day conference will provide attendees with a background on 49 CFR Part 655 (Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operators) and 49 CFR Part 40 (Procedures for Transportation Workplace Drug and Alcohol Testing Programs). This year, the conference will be a hybrid event, with some sessions available to a remote audience.

Attendees can choose from a variety of sessions to customize their experience for the specific needs of their employer and knowledge level of the regulations. The conference will include training for beginner Drug and Alcohol Program Managers (DAPMs), an update from the Office of Drug and Alcohol Policy and Compliance (ODAPC), and various other sessions catered to running a compliant drug and alcohol program. Additionally, there will be networking opportunities, access to FTA and other federal drug and alcohol compliance experts, and much more.

There is no registration fee to attend this conference. Attendees are financially responsible for all travel related expenses, including all meals.

Space is limited, and registrations will be processed on a first-come, first-served basis.

Download the 16th Annual FTA Drug and Alcohol Program National Conference app for you mobile device:

Register for the conference
If you have any questions or concerns, please
contact the FTA Drug and Alcohol Project Office at
(617)494-6336 or [email protected].

Updated: Tuesday, January 17, 2023
United States Department of Transportation
Submit Feedback >
65 of 334
1/30/23, 1:46 PM Drug & Alcohol Program | FTA
https://transit-safety.fta.dot.gov/DrugAndAlcohol/Training/NatConf/2023/Register.aspx 1/4 Monday, March 13, 2023
Hide...

Tuesday, March 14, 2023
Hide...
16th Annual FTA Drug and Alcohol Program National Conference March 14-16, 2023 / San Diego, CA
Home Location/Hotel Registration Agenda & Speakers Presentations & Course Descriptions 2:00 pm – 4:00 pm Name Badge and Conference Materials Pick-Up 8:00 am – 4:30 pm Name Badge and Conference Materials Pick-Up 9:00 am – 4:00 pm Beginner Drug and Alcohol Program Manager (DAPM) Training George Gilpatrick & Joseph Lofgren
10:30 am – 11:45 am BREAKOUT SESSIONS
• DOT Test Refusals
Craig McNulty
• Records Retention Requirements and Best Practices
Trent Fontanella
11:45 am – 1:15 pm Lunch Break
1:15 pm – 2:30 pm BREAKOUT SESSIONS
• The Return to Duty Process
John Spelman & William “Reggie” Smith
• Trends in Cannabis Use
Sean Oswald
2:30 pm – 2:45 pm Break
2:45 pm – 4:00 pm BREAKOUT SESSIONS
• MIS Reporting and Testing Trends
Michael Redington
• Roles of the MRO and MRO Assistant
Dr. Todd Simo & Toni Clay
United States Department of Transportation
Submit Feedback >
66 of 334
1/30/23, 1:46 PM Drug & Alcohol Program | FTA
https://transit-safety.fta.dot.gov/DrugAndAlcohol/Training/NatConf/2023/Register.aspx 2/4 Wednesday, March 15, 2023
Hide...
*Agenda is subject to change.
8:00 am – 8:30 am Name Badge and Conference Materials Pick-Up 8:30 am – 9:00 am Welcome and Opening Remarks
Joe DeLorenzo & Iyon Rosario
9:00 am – 10:00 am ODAPC: Part 40 Updates
Patrice Kelly
10:00 am – 10:30 am Break
10:30 am – 11:45 am

BREAKOUT SESSIONS
• Well-Run Post Accident Programs
Trent Fontanella
• A Compliant FTA Drug and Alcohol Policy
Joseph Lofgren & John Spelman
• Beating the Cheaters
Craig McNulty
• Subrecipient and Contractor Oversight
Diana Byrnes & Edin Memic
• Roles of the MRO and MRO Assistant
Dr. Todd Simo & Toni Clay
11:45 am – 1:15 pm Lunch Break
1:15 pm – 2:30 pm BREAKOUT SESSIONS
• The Return to Duty Process
John Spelman & William “Reggie” Smith
• USDOT-Regulated Testing: Hot Topics
Patrice Kelly
• Small Transit Employers: Challenges and Best Practices Craig McNulty
• Jeopardy!
Michael Redington
• TPA Oversight
Toni Clay
2:30 pm – 2:45 pm Break
2:45 pm – 4:00 pm BREAKOUT SESSIONS
• Ask the FTA Auditors: The Audit Process
Lori DeCoste, Felicity Shanahan, Joseph Lofgren, & John Spelman • Common Pitfalls and Pro Tips
George Gilpatrick
• Reviewing Your Collection Sites
Diana Byrnes
• Employee Onboarding Under Part 655
Kimberely Wells
• Trends in Cannabis Use
Sean Oswald
Submit Feedback >
67 of 334
1/30/23, 1:46 PM Drug & Alcohol Program | FTA
https://transit-safety.fta.dot.gov/DrugAndAlcohol/Training/NatConf/2023/Register.aspx 3/4 Thursday, March 16, 2023
Hide...
*Agenda is subject to change.
9:00 am – 10:15 am BREAKOUT SESSIONS
• A Compliant FTA Drug and Alcohol Policy
Joseph Lofgren & John Spelman
• Well-Run Post Accident Programs
Trent Fontanella
• DOT Test Refusals
Craig McNulty
• Subrecipient and Contractor Oversight
Diana Byrnes & Edin Memic
• Employee Onboarding Under Part 655
Kimberely Wells
10:15 am – 10:30 am Break
10:30 am – 11:45 am BREAKOUT SESSIONS
• USDOT-Regulated Testing: Hot Topics
Patrice Kelly
• MIS Reporting and Testing Trends
Michael Redington
• Common Pitfalls and Pro Tips
George Gilpatrick
• Beating the Cheaters
Craig McNulty
• TPA Oversight
Toni Clay
11:45 am – 1:15 pm Lunch Break
1:15 pm – 2:30 pm BREAKOUT SESSIONS
• Reviewing Your Collection Sites
Diana Byrnes
• Ask the FTA Auditors: The Audit Process
Lori DeCoste, Felicity Shanahan, Joseph Lofgren, & John Spelman • Records Retention Requirements and Best Practices
Trent Fontanella
• Small Transit Employers: Challenges and Best Practices Craig McNulty
2:30 pm – 2:45 pm Break
2:45 pm – 4:00 pm • Transportation Drug and Alcohol Discussion Forum Toni Clay & George Gilpatrick
*Agenda is subject to change.

Submit Feedback >
68 of 334
1/30/23, 1:46 PM Drug & Alcohol Program | FTA
https://transit-safety.fta.dot.gov/DrugAndAlcohol/Training/NatConf/2023/Register.aspx 4/4 If you have any questions or concerns, please
contact the FTA Drug and Alcohol Project Office at
(617)494-6336 or [email protected].

Updated: Tuesday, January 17, 2023
Submit Feedback >
69 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resources Manager

DATE: February 7, 2023

SUBJECT: Approval of Travel Expenses Exceeding $500.00 per trip for the Human Resources Analyst I to attend the 2023 California State HR Advocacy and Legislative Conference on April 12 – 14, 2023, in Sacramento, California.

Recommendation:

Staff recommends the City Council:
1) Approval of the travel expenses exceeding $500.00 per trip for the Human Resources Analyst I to attend the 2022 California State HR Advocacy and Legislative Conference on April 12 – 14, 2023, in Sacramento, California.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

This request is for approval of staff to attend the Human Resources Analyst I , Nancy Nelson, to attend the 202 3 California Society for Human Resources Management (CalSHRM) HR Advocacy and Legislative Conference Academies on April 12 – 14, 2023, in Sacramento, California.

This training is designed for California Human Resources/Labor Relations Professionals and includes topics of leave of absence, employment case law, active shooter response, and workplace investigations, among many other topics.

STAFF REPORT
City of Wasco

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The cost of the conference, hotel fees, and food per diems will exceed the Expense and Use of Public Resources Policy limits established by City of Wasco Resolution No. 2006 - 2327, limiting expenses to $500.00 per trip. As a result, the City Council must approve the travel request as the expenses for this trip will exceed $500.00.

Fiscal Impact:

It is estimated that the cost of th is training will not exceed $2100.00 , including the conference and travel expenses. The training cost is contained in the adop ted FY 2023 Budget; No budget action is required with approval of this item.

Attachments:

1. Conference Guide

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1/30/23, 1:41 PM SUMMARY - 2023 California State HR Advocacy & Legislative Conference https://web.cvent.com/event/a493a557-ef3f-4e83-a396-8a49dda4c2f3/summary?RefId=REG1 1/4

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1/30/23, 1:41 PM SUMMARY - 2023 California State HR Advocacy & Legislative Conference https://web.cvent.com/event/a493a557-ef3f-4e83-a396-8a49dda4c2f3/summary?RefId=REG1 2/4 The 2023 California State HR Advocacy & Legislative Conference is the premier employment law and legislative advocacy conference in California.

In the past, more than 500 human resource and business professionals from across the world, with employees in California, have attended this unique advocacy and employment legislation conference.

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75 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 7, 2023

SUBJECT: Accept all bids, and Adopt a Resolution Authorizing the City Manager or his designee to enter and execute an agreement with the awarded Contractor Amerivet Contracting Co. for the construction of the Vacuum Truck Storage Building at the W astewater Treatment P lant (WWTP) and Authorize the City Manager or designee to make the monetary budget amendment.

Recommendation:

Staff recommends the City Council:

1) Accept all bids

2) Adopt a Resolution Authorizing the City Manager or designee to enter and execute a standard agreement with the awarded Contractor Amerivet Contracting Company in an amount not to exceed $85,390.00.

3) Authorize the City Manager or designee to make a $20,390.00 monetary budget amendment from the Adopted CIP FY22/23 Wastewater Capital Outlay budget to the Vacuum Truck Storage Building, Project 22018.

4) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA gui delines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

STAFF REPORT
City of Wasco

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Background:

The City recently purchased a vacuum truck that was delivered in August 2021. In order to ensure the truck maintains its integrity and to minimize impact from weathering or vandalism, Staff’s proposal is to demolish the existing damaged storage building and replace it with a new storage building that can also act as a parking garage for the vacuum truck.

Discussion:

The RFP for this project was advertised on December 18, 2023, and on January 25, 2023, the City of Wasco received four proposals from the following bidders:

FIRM BID TOTAL

Amerivet Contractors $ 85,390.00
BMY Construction Group Inc. $229,450.90
Spiess Construction $382,770.00
Unified Field Services $134,321.48

After reviewing the bid submittals, Staff has determined that Amerivet Contractors is the lowest-cost qualified bidder, and as such , Staff recommends awarding the Project to Amerivet Contractors.

Fiscal Impact:

The City had budgeted $65,000.00 from the CIP FY 22/23 Wastewater Impact Fees for the construction of the vacuum truck building. The lowest bidder came in at $85,390.00, making this project need extra monies to cover the deficit of $20,390.00. The Adopted CIP FY22/23 Wastewater Capital Outlay Fund has a current balance of $548,330.57 (Acct. 30400-52040). Allocating $20,390.00 from here to the Vacuum Truck Storage Building, Project 22018 (Acct. 52040 -22018), would leave the Wastewater Capital Outlay with $527,940.57 remaining.

A budget transfer is being requested in the amount of $20,390.00 in order to approve a contract with Amerivet Contractors in the amount of $85,390.00.

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Attachments:

1. Bid Summary

2. Resolution

3. Agreement
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FIRM
Demolition of
Existing Building
1 LS
Resurface
Existing Concrete
1,223 SF
Grading &
Compaction
1 LS
6" Thick Concrete
277 SF
New Building
1 LS

TOTAL BID
AMOUNT
Bid Difference
over lowest
Bidder
Amerivet Contractors
10,360.00$ 3,790.00 $ 2,000.00 $ 10,200.00 $ 59,040.00 $ 85,390.00 $ - $ Spiess Construction
46,000.00$ 24,460.00 $ 68,000.00 $ 8,310.00 $ 236,000.00$ 382,770.00 $ 297,380.00 $ Unified Field Services
23,639.79$ 4,427.26 $ 4,648.92 $ 14,301.51 $ 87,304.00 $ 134,321.48 $ 48,931.48 $ BMY Construction Group Inc.
13,750.00$ 10,150.90 $ 11,200.00 $ 13,850.00 $ 180,500.00 $ 229,450.90 $ 144,060.90 $

CITY OF WASCO

BID SUMMARY
Vacuum Truck Storage Building at WWTP
Bids Opened @ 2:00 PM on 1/25/2023
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RESOLUTION NO. 2023 - ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO MAKE A MONETARY BUDGET AMENDMENT TO THE ADOPTED FY 2022-2023 WASTEWATER CAPITAL OUTLAY IN THE AMOUNT OF $20,390

AND ENTER AND EXECUTE AN AGREEMENT WITH AMERIVET CONTRACTING COMPANY IN AN AMOUNT NOT TO EXCEED $85,390.00.

WHEREAS, the City approves a monetary budget amendment of $2 0,390 from the adopted FY 22/23 Wastewater Capital Outlay fund to The Vacuum Truck Storage Building, Project 22018; and

WHEREAS, the budget adopted for FY 22/23 Vacuum Truck Storage Building at the WWTP Project 22018 did not account for this $20,390 deficit; and

WHEREAS, this budget amendment will proceed in accordance with generally accepted accounting principles; and

WHEREAS, the City Council believes in Government transparency and that adjusting the adopted Wastewater Capital Outlay for FY 22/23 will provide greater transparency; and

WHEREAS, the City wishes to contract with Amerivet Contracting Company t o perform construction services for the Vacuum Storage Building at the WWTP Project 22018; and

WHEREAS, the services provided are described in the Agreement found in Exhibit “A” ; and

WHEREAS, said Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and

WHEREAS, Amerivet Contracting Company and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreement; and

WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and

WHEREAS, Amerivet Contracting Company shall provide to the City a Faithful Performance Bond and the Labor Materials Bond as required in the Agreement prior to the start of construction; and

WHEREAS, Amerivet Contracting Company agrees to comply with the State prevailing wage determinations in effect ten days prior to the bid opening of January 25, 2023.

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

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SECTION 1: Authorizes the City Manager or designee to make the monetary budget amendment of $20,390 from the adopted FY 22/23 Wastewater Capital Outlay fund to The Vacuum Truck Storage Building, Project 22018.

SECTION 2 : Authorizes the City Manager or his designee to enter and execute the agreement with Amerivet Contracting Company.

-o0o-

I HEREBY CERTIFY that the foregoing Resolution No. 2023. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:

COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VINCENT MARTINEZ,
MAYOR of the City of Wasco

Attest: _______________

__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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1 AGREEMENT No 2023 -

THIS AGREEMENT made this ___________ day of _________, 2023, by and between the CITY OF WASCO, hereinafter "City", and Amerivet Contracting Company, hereinafter "Contractor,"

W I T N E S S E T H:

WHEREAS, City wishes to hire Contractor to demolish the existing WWTP storage building, remove the existing perimeter footing, remove a section of the concrete driveway, grade and compact the natural earth where the new foundation will be poured, resurface existing concrete, construct a new building and such other services as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Services") under the terms and conditions described hereinafter and Contractor is agreeable thereto.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:

1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.

2. Contractor hereby agrees to perform the Services under the terms and conditions described hereinafter.

3. Contractor shall perform the Services for a total price of not to exceed $86,390 (the "Total Price"). The Total Price shall be payable upon completion and acceptance of the Services by the City and after receipt of an invoice from Contractor which shall be subject to approval by the City Manager and the City Council.

4. Contractor shall complete the Demolition Services within thirty (30) working days after issuance of a Notice to Proceed by the City. The building schedule will be dependent on the lead time of the pre-manufactured structure.

Contractor shall submit to the City a proposed construction schedule prior to the end of the 30 working days allowable for demolition.

5. Contractor shall provide a performance bond to ensure completion of the Services and a payment bond to ensure payment to subcontractors and suppliers, each in the full amount of the Total Price and as approved by City. In the performance of Contractor's duties hereunder, Contractor shall also provide all vehicles, tools, personnel, equipment, supplies and all such other items as are 82 of 334
2 necessary or convenient to completing the Services at Contractor's sole cost and expense.

6. Contractor, at Contractor's sole cost and expense, shall maintain throughout the term of this Agreement all worker's compensation insurance where and in the amounts required by law and a comprehensive general public liability insurance policy from a company approved by City for protection against liability to the public arising as an incident of Contractor's performance hereunder in amounts not less than $1 million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least ten (10) days’ notice prior to cancellation or reduction of coverage. In the event any such policy shall lapse or be canceled, City may, at City's sole discretion, terminate this Agreement without further notice to Contractor. Contractor shall provide City with a Certificate of Insurance verifying Contractor's compliance with the foregoing.

This Agreement shall not be effective until City has received and approved same.

7. Contractor shall pay, and shall require subcontractors to pay, employees working for a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determination and wage standards for the State of California. In accordance with Section 1775 of California Labor Code, Contractor shall pay such penalties and incur such costs as described therein and as are more particularly determined by the Labor Commissioner, in the event of any violation of the foregoing requirement. In addition to the foregoing, Contractor and its subcontractors shall pay to persons employed in the performance of the Services no less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code. Copies of the prevailing rate of per diem wages are on file at City's principal office and are available for examination by any interested party on request, during normal business hours.

Contractor shall keep an accurate payroll record showing the name, address, Social Security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker or other employee employed by Contractor.

8. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof and any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.

9. In addition to any other method of termination described in this 83 of 334
3 Agreement, City, in its sole and absolute discretion, may terminate this Agreement at any time upon ten (10) days written notice to Contractor. In the event of any such termination and except as otherwise described herein, Contractor shall be entitled to payment for Contractor's performance of its obligations hereunder to the date of termination subject to City's approval and acceptance of Contractor's performance.

City may terminate this Agreement upon twenty -four (24) hours’ notice to Contractor in the event of Contractor's default hereunder in which case, Contractor shall not be entitled to payment for any Services which were performed in breach of this Agreement. In addition to City's right to terminate this Agreement due to Contractor's default, City shall have all other remedies available under this Agreement in the event of Contractor's default as well as all remedies available at law or in equity.

10. Contractor's Services are utilized by City only for the purpose and to the extent set forth in this Agreement and Contractor's relationship to City shall, during the term of this Agreement, be that of an independent contractor.

11. In the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor's employees, subcontractors, agents, and representatives may encounter dangerous conditions on the premises where the Services are performed. Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, councilpersons, employees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor's employees, subcontractors, agents, or representatives including any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by Contractor, or Contractor's officers, employees, , subcontractors, agents, or representatives. Contractor represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California which states as follows:

"A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Contractor on behalf of itself and its employees, subcontractors, agents, and representatives hereby expressly waives and releases any right or benefit which each has or may have under Civil Code Section 1542.

12. Contractor shall not assign any portion of this Agreement to any other 84 of 334
4 person or entity.

13. If any portion of this Agreement shall be considered invalid by any court of competent jurisdiction, said invalid portion shall not affect the validity of the remainder of the agreement and the agreement shall continue in full force and effect as if the invalid portion had not been included therein.

14. An
y notice required under this Agreement shall be effective immediately upon personal delivery of same in writing to the party to be noticed or upon deposit in the United States mail, first class, postage prepaid, addressed as hereinafter described or when sent by facsimile transmission or when sent by electronic mail ("Email"). The following shall be used in providing the foregoing notices: City — City Manager, 746 8
th Street, Wasco, California 93280, Fax —
(661) 758-7239, Email — [email protected]; and Contractor —Drew Simpson 1706 Hoover Ave, National City, CA 91950, Phone— (619) 721-5002, Email— [email protected]. Any party may change its address or fax number by giving notice to the other party in the manner herein described.

15. If
any action is commenced between the parties concerning any provision of this Agreement or the rights and duties of any party in relation thereto or the interpretation of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for the party's attorney fees in such action.

16. This Agreement may only be amended by a writing executed by all parties.

17. Each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.

18. This Agreement contains the entire agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.

19. This Agreement may be executed in counterparts. A facsimile or electronic version of this Agreement shall be as effective as the original for all purposes.

20. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
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5 21. Subject to the restrictions on assignment in Paragraph 1 2, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

22. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.

23. Time is of the essence with regard to each covenant, condition, and provision of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

_________________________________
M. SCOTT HURLBERT, City Manager, City of
Wasco, California, "City "

Amerivet Contracting Company, " Contractor"

By: _____________________________
Drew Simpson, President

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6 EXHIBIT “A”

87 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 7, 2023

SUBJECT: Approval of Tra ining Expenses exceeding $500.00 per registration for the Public Works Director to attend the League of California Cities Public Works Officers Institute from March 29-31, 2023 in Universal City, CA.

Recommendation:

Staff recommends the City Council:
1) Approval of Training Expenses exceeding $500.00 per registration for the Public Works Director to attend the League of California Cities Public Works Officers Institute from March 29-31, 2023, in Universal City, CA. 2) Find that this action is not a project as defined under the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c) (3), no environmental review is required.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The Public Works Director is requesting approval to attend the League of California Cities Public Works Officers Institute on March 29 -31, 2023, being held at Universal City, CA.

Approval for the Public Works Director to attend will be covered by the Engineering Training and Travel budget.

The League of California Cities Public Works Institute held jointly with the County Engineers Association of California (CEAC), is an educational conference designed to assist Public Works professionals with the information needed to run Public Works Departments more effectively. The education sessions cover an array of topics in Public Works, including but not limited to:

STAFF REPORT
City of Wasco

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• Public Construction
• Contracting Laws
• Sustainable Water Supplies
• Pavement Management
• Recycling Changes
• Extreme Hazards
• Grant Opportunities
In addition, the opportunities available for networking will provi de the Public Works Director with the opportunity to identify resources, experiences , and knowledge from other cities. The City Council must approve the travel requested as the expenses for the cost of the trip will exceed $500.00.

Fiscal Impact:

It is estimated that the cost for one staff member to attend the three-day conference will not exceed $1,600.

Attachments:

1. League of California Public Works Officers Institute Information 89 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 1/49 Public Works Officers Institute
March 8-10, 2023
Universal City Hilton
555 Universal Hollywood Drive, Universal City, CA
Register (https://www.eventsquid.com/contestant-reg.cfm?event_id=19127) Designed for public works professionals of all career levels, this conference provides you with the essential information and updates necessary to most effectively run city and county public works departments. Now, more than ever, the opportunity for city and county officials to learn from and network with each other provides invaluable support.

Sessions cover a variety of topics such as road safety, bridge programs, legislative updates, and leadership topics.

Held jointly with the County Engineers Association of California (CEAC).

For questions, please contact the Associate Manager, Event Program
Katie Pebler (mailto:[email protected]) .
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2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 2/49 For sponsorship questions, please contact the Associate Manager, Event Sponsorship & Exposition Sales Amy Wade (mailto:[email protected]) .

Please see our event and meeting policies (/education-and-events/event-and-meeting- policies-26201#0) .

Become a sponsor (https://www.cacities.org/Special-Pages/E-shop/Conference- Sponsorships/Public-Works-Officers-Institute.aspx)
2023 Institute Information
Registration 
Full Registration Includes:
admission to all educational sessions
admission to Wednesday reception, Thursday breakfast and lunch, Friday breakfast
access to all program materials
Register online (https://www.eventsquid.com/register/19127) (requires credit card) by Tuesday, Feb. 28.

There is limited capacity for this event and registration is subject to sell out prior to the registration deadline. Register early!
Mail-in registration (pay by check): Contact Megan Dunn (mailto:[email protected]) to request a registration form.

Special needs? Contact Megan Dunn (mailto:[email protected]) by Tuesday, Feb.

28. 91 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 3/49

Conference Registration Fees
Full Conference (Wednesday, March 8 - Friday, March 10) Member City Officials and Staff $625 Non-Member City Officials and Staff $1,500
All Others $750

One-Day
Member City Officials and Staff $350 Non-Member City Officials and Staff $1,350
All Others $475

Add-Ons
Guest Reception Pass $50 Expo Only $125

*The guest/spouse fee is restricted to persons who are not city or public officials, are not related to any League Partner or sponsor, and would have no professional reason to attend the conference. It includes admission to the Wednesday reception only. There is no refund for the cancellation of a guest/spouse registration. It is not advisable to use city funds to register a guest/spouse. 92 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 4/49

Refund Policy
Advance registrants unable to attend will receive a refund of rate paid, minus a $75 processing charge, only when a written request is submitted to Megan Dunn
(mailto:[email protected]) , and received on or before Tuesday, Feb. 28. Refunds will not be available after this date. If you are unable to attend, you may substitute a colleague for your entire registration.

Hotel and Travel 
The Public Works Officers Institute is held at the Universal City Hilton, 555 Universal Hollywood Drive, Universal City, CA.

A limited number of hotel rooms are available at a reduced rate for conference attendees. The discounted hotel rate cut-off for the Universal City Hilton is Tuesday, February 14, 2023.

STEP ONE: Register for the conference.

After your registration for the conference is received and processed, a confirmation email will be sent containing a link to the discounted hotel reservations page.

STEP TWO: Book a hotel room.

Hotels are subject to sell out prior to the deadline. Reserve early! Group Hotel Rate (per night): $209 – Single/Double Occupancy (plus tax and fees) Hotel Changes or Cancellations
Hotel reservation changes, date modifications, early check-out, or cancellations must be made directly through the hotel. Please note that after the discounted hotel rate cut-off date has passed, you may incur a financial penalty and minimum one-night room charge or attrition fees.
93 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 5/49 PLEASE NOTE: The information you provide to Cal Cities when registering for a Cal Cities conference or meeting may be shared with the conference or meeting hotel(s).

The hotel(s) will also share with Cal Cities the information you provide to the hotel(s) when you make your hotel reservation for the conference or meeting. The information shared between Cal Cities and the hotel(s) will be limited to your first name, last name, email, and dates/length of stay in the hotel.

CAUTION! You must be registered for the conference prior to booking a hotel room.

Do not make a hotel reservation unless you are sure it is needed. Your city/company will be financially responsible for all cancellation/attrition fees. If you are making hotel reservations for others, please confirm with each individual in advance, that they actually need hotel accommodations and intend to use them on the dates you are reserving.

Parking and Transportation

The Universal City Hilton is centrally located to Burbank, downtown Los Angeles and Hollywood with easy access to airports and freeways. Plus, the entrance to Universal Studios Hollywood is within walking distance.

Discounted Self- Parking (per night): $20 (subject to availability) Valet Parking (per night): $45 (subject to change)
In addition to on-site parking, several privately owned parking garages are also within walking distance of the hotel. (Parking rates vary by location and are subject to change without notice).

Nearby airports include:

Hollywood Burbank Airport/Bob Hope Airport: 6 miles Los Angeles International Airport: 27 miles John Wayne Airport/Orange County: 52 miles 94 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 6/49 Schedule 
*Schedule subject to change
Wednesday, March 8 
Cal Cities Registration Open
Exhibit Hall Open (Wednesday only)
10:00 a.m.-6:00 p.m.

Lunch On Your Own
11:00 a.m.–12:30 p.m.

Opening General Session
1:00-2:30 p.m.

Cal Cities/CEAC President’s Welcome
Opening Keynote: Leading Change by Changing the Way We Lead As a leader, you get better by change, not chance. The world of work has changed and continues to change. Blue-collar workers are more often recognized as the backbone of local government. What are the skills needed to lead this important group? How can managers create a purpose-filled vision that instills passion, drives performance, and produces collective success? Learn the skills and habits of 21st Century leaders by attending this session designed to make you laugh, learn, and leave with new mindsets and skill sets.

You’ll also find out workplace cold hard facts, why managers fail to get better, and how to ignite your public works team members through engagement, encouragement, and empowerment. Lastly, you’ll understand how to develop your “positivity” reflex and utilize it in the future, long after the presentation.

Speaker: Ron Williams, Vice President of Personal Services Plus, LLC 95 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 7/49 Ron Williams, the “Leadership Whisperer,” is an internationally recognized speaker and trainer with more than forty years of experience in the public and private sectors. His insights on 21st-century leadership, employee engagement, and executive coaching make him one of the nation’s leading resources in understanding organizational and individual success and achievement. Ron has held many high-profile positions in his career, including as Chief of Staff for the District of Columbia’s Human Resources Department and General Manager of the Western Region for Nike. Ron created the Corporate Diversity department at Nike and was Nike’s Director of Training and Development. Ron has also worked with many federal government agencies helping them to develop programs to optimize their human capital.

Visit with Exhibitors
2:30-2:45 p.m.

Concurrent Sessions
2:45-4:00 p.m.

Public Construction and Contracting Law Update for California Discover the case studies, public project contractor negotiation, and best practices that can safeguard your community from disputed agreements and potential litigation. These disagreements often result from legislative and regulatory changes in California public construction and contracting law that impact cities and counties.

Becoming Part of the Conversation: Increasing Public Works' Public Perception
Public works departments play a major role in making everyday life as safe and convenient as possible for everyone. This panel discussion will focus on public outreach strategies and tactics you can use to educate your community on, such as major infrastructure projects that change their commute or newly 96 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 8/49 enacted state laws like SB 1383, the organics mandate to dispose of all food products into green waste cans and how to prepare for natural disasters like floods, wildfires, and earthquakes.

Visit with Exhibitors
4:00-4:15 p.m.

Concurrent Sessions
4:15-5:30 p.m.

Making Public Engagement Work for Public Works
The public’s increasing desire to have their say about everything from road designs to rate structures, environmental programs and more has posed new challenges for public works professionals. Learn how to meet new expectations for community engagement without giving up control or compromising your technical expertise. This session will provide real-life case study examples of how to engage the right people at the right time on the right decisions, plus some painful lessons from public engagement gone terribly wrong. In the end, participants will leave feeling more empowered, confident, and prepared when asked to engage the public.

Effective Pavement Program Management for Cities and Counties Agencies throughout California utilize pavement management systems to monitor existing pavement condition. A successful program integrates the existing pavement condition with a toolbox of various treatments for different pavement needs. The session will also briefly provide an overview of the importance of pavement compaction and an overview of the roles of contractors and agency representatives to maximize the performance of the pavement. Panelists will offer insight and best practices drawn from many years of research into effective pavement program management.

Lastly,
receive an update on the latest activities and initiatives sponsored by the City 97 of 334
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Drought and Potable Reuse on California's Central Coast A combination of drought and population growth has overstressed California’s water supply infrastructure. The California Central Coast is now implementing multiple advanced treated recycled water projects to create a new and sustainable water supply. These projects represent pinnacle engineering efforts to secure sustainable water for our communities, with each project injecting the purified water into their respective groundwater basins for storage and protection against seawater intrusion. Panelists will address the permitting, public support, financing, and engineering elements necessary to implement recycled water projects.

Networking Reception
5:30-6:30 p.m.

Make new friends and catch up with old ones while enjoying delicious appetizers and tasty beverages during the evening networking reception. It's the perfect opportunity to form support networks within your profession.

Thursday, March 9 
Cal Cities Registration Open
8:00 a.m.-4:00 p.m.

Networking Breakfast
8:00–9:00 a.m.

General Session
9:00–10:30 a.m.
98 of 334
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Local Streets & Roads Awards
What Public Works Professionals Need to Know about Finance

Learn the latest hot topics when it comes to California's municipal public works financing, including the latest on state and local transportation funding. Geared towards public works professionals, understand the rules and trends in taxes, fees and other revenues; the relationship with the state budget, and problems and prospects for reform. Get answers to the most pressing fiscal issues facing public works.

Break
10:30-10:45 a.m.

Concurrent Sessions
10:45 a.m.-noon
Project Labor Agreements for Local Public Works Projects Project Labor Agreements (PLAs), once limited to mega projects, are being used on routine, local projects. Why is that, and what are the advantages and downsides? This session will provide the basic legal background on PLAs, including enabling legislation and history, what they do and don’t do, legal pros and cons, and how their use has changed over time. Leading PLA experts will detail their experience with the implementation of PLAs, including the impact on the bidding process, management, and cost of their projects.

The Changing Landscape of Recycling: Local Market Development and Participation
The way we recycle in California is on the verge of drastic change. With the passage of several new landmark bills, California will need to recycle the old 99 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 11/49 recycling system. Hear from experts on the latest in the recycling space and what your area needs to do to navigate the new recycling mandates.

Extreme Hazards: Planning, Recovery and Resilience
Fire, flashflood, debris flows, extreme heat, and seismic hazards - this session builds off of instant polling feedback received at the 2022 Public Works Officers Institute and dives deeper into the current and future “extreme hazard” challenges facing California’s cities and counties. State and local leaders will share the latest lessons learned, and GIS resources: funding and technical assistance available for suburban, urban, and rural communities. Interactive polling will be used to jump-start conversations with your colleagues on overcoming the many hurdles (i.e.: documentation and contracting!) and cost- effective, realistic-to-implement ideas that you can take home to your team.

Networking Luncheon
12:00-1:30 p.m.

Concurrent Sessions
1:30-2:45 p.m.

State of Infrastructure Investment and Jobs Act
Over the next five years, the federal government is making significant funding available to states and localities to improve roads and bridges, water infrastructure, resilience, internet, and more. In this session, hear from lead state agencies on the status of the formula funding, where and how to best apply, and discuss best practices with other local governments about applying for competitive grants.

Don't Throw Paving Dollars Out with the Trash
Do you have enough money for pavement maintenance? The statewide average Pavement Condition Index for local streets and roads is 66. This “at 100 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 12/49 risk” condition indicates that current maintenance funds are insufficient. Hear how one California city successfully secured extra funding sources, and how you can adopt these financial saving practices in your community.

Break
2:45-3:00 p.m.

Concurrent Sessions
3:00-4:15 p.m.

The Placentia FiberCity® Project is a privately funded, $35 million investment in Placentia that will deliver high speed broadband access to every resident and business. This presentation will focus on the construction methods used to install the fiber system as well as how the city managed the contractor's efforts in delivering this city-wide project.

Making Public Works an Attractive Option in a Changing Workplace The current workplace looks different, the labor force has changed, and the job market is volatile. Public works organizations are facing new workforce challenges while the largest ever investment in infrastructure is happening. So, 101 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 13/49 how do we find success in this divergent situation? It requires that public works leaders find creative means of retaining talent, recruiting in competitive markets, and inspiring the next generation to join our professions.

Going to the Well: Discussing Municipal Water Issues
As the drought in California worsens, having a wide perspective on municipal water issues can lead to positive change. Hear from state agencies and local water utilities on what the pressing issues are for California cities and counties when it comes to water quality and supply.

Friday, March 10 
Cal Cities Registration Open
8:00-10:00 a.m.

Cal Cities Breakfast
8:00–9:00 a.m.

General Session
9:00–10:00 a.m.

Receive a legislative update curated for public works professionals leading California cities.

Break
10:00–10:10 a.m.

Closing General Session
10:10-11:30 a.m.
102 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 14/49 Using a Coaching Mindset to Increase Public Works Team Performance What if the elements that make directive leadership work during an incident are stifling your team’s growth and development when applied to day-to-day management? Public works directors must be able to direct their teams with maximum clarity and efficiency. And yet, this same approach when applied outside of a crisis can impede learning and create dependency. Effective leadership requires the ability to pivot between a command-and-control style to an approach grounded in a coaching mindset. During this interactive session you will learn how to utilize coaching techniques to unlock peak performance across all levels of your organization. Once embedded in your leadership style and the department’s culture, the cascading effects of a coaching mindset will free up your top leaders to focus on an even higher vision.

Adjourn
11:30 a.m.

Session Descriptions 
2023 Public Construction and Contracting Law Update for California Discover the case studies, public project contractor negotiation, and best practices that can safeguard your community from disputed agreements and potential litigation.

These disagreements often result from legislative and regulatory changes in California public construction and contracting law that impact cities and counties.

What Public Works Professionals Need to Know about Finance Learn the latest hot topics when it comes to California's municipal public works financing, including the latest on state and local transportation funding. Geared toward public works professionals, understand the rules and trends in taxes, fees, and other revenues; the relationship with the state budget, and problems and prospects for reform. Get answers to the most pressing fiscal issues facing public works.

Becoming Part of the Conversation: Increasing Public Works' Public Perception
Public works departments play a major role in making everyday life as safe and 103 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 15/49 convenient as possible for everyone. This panel discussion will focus on public outreach strategies and tactics you can use to educate your community on, such as major infrastructure projects that change their commute or newly enacted state laws like SB 1383, the organics mandate to dispose of all food products into green waste cans and how to prepare for natural disasters like floods, wildfires, and earthquakes.

Panelists will address the permitting, public support, financing, and engineering elements necessary to implement recycled water projects.

Project Labor Agreements for Local Public Works Projects Project Labor Agreements (PLAs), once limited to mega projects, are being used on routine, local projects. Why is that, and what are the advantages and downsides? This session will provide the basic legal background on PLAs, including enabling legislation and history, what they do and don’t do, legal pros and cons, and how their use has changed over time. Leading PLA experts will detail their experience with the implementation of PLAs, including the impact on the bidding process, management, and cost of their projects.
104 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 16/49 Recycling California's Recycling System
The way we recycle in California is on the verge of drastic change. With the passage of several new landmark bills, California will need to recycle the old recycling system.

Hear from experts on the latest in the recycling space and what your area needs to do to navigate the new recycling mandates.

Extreme Hazards: Planning, Recovery, and Resilience
Fire, flashflood, debris flows, extreme heat, and seismic hazards — this session builds off of instant polling feedback received at the 2022 Public Works Officers Institute and dives deeper into the current and future “extreme hazard” challenges facing California’s cities and counties. State and local leaders will share the latest lessons learned, and GIS resources: funding and technical assistance available for suburban, urban, and rural communities. Interactive polling will be used to jump-start conversations with your colleagues on overcoming the many hurdles (i.e.:
documentation and contracting!) and cost-effective, realistic-to-implement ideas that you can take home to your team.

Don't Throw Paving Dollars Out with the Trash
Do you have enough money for pavement maintenance? The statewide average Pavement Condition Index for local streets and roads is 66. This “at risk” condition indicates that current maintenance funds are insufficient. Hear how one California city successfully secured extra funding sources, and how you can adopt these financial saving practices in your community.

SB378 and New Innovations for the Deployment of Fiber Networks The panel will focus on broadband deployment strategies and the use of innovative methodologies to install fiber networks more efficiently and with less impact on streets. Also highlighted will be potential cost savings, lighter environmental impacts 105 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 17/49 (spoils, air quality, vehicle trip reductions, etc.), and maximizing investment dollars for community benefit.

Case Study: Broadband Internet and Smart City Applications Learn how the city of Placentia entered into a unique partnership to deliver fiber optic broadband internet access to every home and business in the city utilizing a new micro-trenching technique within the city's road right-of-way. The Placentia FiberCity® Project is a privately funded, $35 million investment in Placentia that will deliver high speed broadband access to every resident and business. This presentation will focus on the construction methods used to install the fiber system as well as how the city managed the contractor's efforts in delivering this city-wide project.

Making Public Works an Attractive Option in a Changing Workplace The current workplace looks different, the labor force has changed, and the job market is volatile. Public works organizations are facing new workforce challenges while the largest ever investment in infrastructure is happening. So, how do we find success in this divergent situation? It requires that public works leaders find creative means of retaining talent, recruiting in competitive markets, and inspiring the next generation to join our professions.

Explore Previous Institutes 
2022 Institute Session Descriptions
(/docs/default-source/public-works-officers-institute---session-materials/2022-pwoi/2022- public-works-officers-institute-program.pdf?sfvrsn=2a5f9afd_3) 2022 Public Works Officers Institute Program (PDF) (/docs/default-source/public-works-officers-institute--- 106 of 334
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Tuesday, March 22 
Public Works Officers Welcome Reception
5:30–6:30 p.m.

Join the President and officers of the Public Works Department of the League of California Cities for a Welcome Reception with light appetizers and networking with other attendees on the evening before the conference.

Beverages will be available for purchase.

Wednesday, March 23 
Registration Open
10:30 a.m.-6:00 p.m.

Exhibit Hall Open
11:00 a.m.-6:30 p.m.

Opening General Session
1:00 p.m.-2:15 p.m.

Cal Cities/CEAC President’s Welcome
General Session Panel
Natural Disaster Planning: What You Can Do to Prepare
Are you thoroughly prepared for what, in many parts of the state, are no longer unexpected events? Between fire, flash-flood, and post-fire debris flows, natural disasters wreak havoc on our communities. In this session, panelists will recommend practical planning tips and tools, lessons learned from innovative efforts, and share collaborative 107 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 19/49 planning approaches that will put your team ahead.

Moderator and Speaker
Sarah Rubin, Chief Outreach and Engagement Advisor, CA
Department of Conservation
Speakers
Steve Bohlen, Acting State Geologist, California Geological Survey
Jason Nutt, Assistant City Manager / Director of Transportation and Public Works, Santa Rosa
Kelsey Scanlon, Emergency Services Planner, Monterey County Office of Emergency Services
Jason Uhley, General Manager-Chief Engineer, Riverside County Flood Control and Water Conservation District
Visit with Exhibitors
2:15 p.m.-2:30 p.m.

Concurrent Sessions
2:30 p.m.-3:45 p.m.

Managing Stormwater's Perfect Storm: Management, Finances, Law, and Politics
Learn how to manage stormwater resources amid a myriad of rules and restrictions, climate change, and other challenges. With an eye to fiscal sustainability, discover the financial levers available for city leaders, new approaches and legislation, and a ten-step funding plan. An overview of relevant laws and case studies will frame the discussion.

Moderator
Steven Machida, Director of Public Works, San Carlos
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John Abaci, Senior Counsel, Colantuono, Highsmith & Whatley Dan Schaaf, Vice President, Schaaf & Wheeler
Tim Seufert, Managing Director, NBS
Challenges and Opportunities in Pavement Preservation
Learn how to get the maximum performance out of preservation treatments through specification and quality assurance. Then, review future challenges for delivering multifunctional preservation treatments that not only preserve the pavement structure, but address transportation issues, human thermal comfort, and the environmental impact of materials and construction.

Moderator
Shadi Saadeh, Professor, City and County Pavement Improvement Center, California State University, Long Beach
Speakers
DingXin Cheng, Professor and Director, California Pavement Preservation Center
John Harvey, Director, City and County Pavement Improvement Center, University of California Davis
Sampat Kedarisetty, Graduate Student Researcher, University of California Davis
Good News: Communicating the Value of Public Works
Unless the water is shut off or roads are closed, people tend to take for granted the significant role that public infrastructure plays in their daily lives, community safety, wellness, and connectivity. Whether you have communication support in your organization or are fitting outreach in where you can, the tools and tips presented in this session will help you build goodwill with your community through positive media coverage, the smart use of social media, and other tools.

Moderator
109 of 334
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Kristina Ray, Communication & Engagement Director, Carlsbad Visit with Exhibitors
3:45 p.m.- 4:00 p.m.

Concurrent Sessions
4:00 p.m.- 5:15 p.m.

Sustaining Power During Wildfire: Public Safety Power Shutoffs with Microgrids
With wildfires growing in size and severity each year, cities are often forced to shut off power grids in high-risk areas. These preventative measures are known as Public Safety Power Shutoffs and may help limit fire-starting factors caused by power lines and electrical malfunctions. However, they also leave countless California businesses and residents without power.

Microgrids offer a secure source of self-sufficient energy generation to protect communities and increase resiliency during grid outages. Discover what funding methods and different incentives are available to California cities and municipalities looking to enhance their resiliency with sustainable microgrids powered by renewable energy.

Moderator and Speaker
Brian Taylor, Senior Director, ForeFront Power
Speakers
Kevin Flanagan, Program Manager, SPURR
Ann Kloose, Sustainability Division Manager, Fresno Public Works Department

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2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 22/49 Understanding the Legislative Process
California’s legislative process can be as complicated, lengthy, and politically fraught as the federal legislative process. In this session for beginners or officials simply wanting a refresher course, get acquainted with the three types of measures considered by the California Legislature, how a bill becomes law, and what to do when reading a bill. Then, discover what makes an effective letter of support and what tools and tips to keep in mind when testifying before a committee. A review of legislative committees will be included as well.

Speakers
Damon Conklin, Legislative Representative, League of California Cities
Marina Espinoza, Senior Legislative Analyst, California State Association of Counties
The Road Safety and Signage Audit
Road safety is typically managed reactively as officials investigate crash locations assuming that future crashes are most likely to occur in those same locations. However, road crashes — particularly those on lower volume roads — are frequently distributed in seemingly random patterns and may not correlate to roadway deficiencies. Rather than reacting to historic crash data, public works professionals can identify systemic road deficiencies proactively through the Roadway Signing and Safety Audit.

The audit is one of the easiest and most cost-effective ways to proactively address roadway and signing deficiencies with low-cost regulatory, warning, and guide signage improvements.

Moderator
Joshua Pack, Director of Public Works, Butte County
Speakers
Robert Paderna, Sr. Transportation Engineer, Kimley-Horn and Associates, Inc.

Matt Stringer, Associate Principal, Mark Thomas
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Reception in Exhibit Hall
5:15 p.m.- 6:30 p.m.

Thursday, March 24 
Registration Open
8:00 a.m.- 4:00 p.m.

Networking Breakfast
8:00 a.m.- 9:00 a.m.

General Session
9:00 a.m.- 10:15 a.m.

What Public Works Professionals Need To Know About Municipal Finance
Learn the latest hot topics when it comes to California's municipal public works financing, including the latest on state and local transportation funding. Geared towards public works professionals, understand the rules and trends in taxes, fees and other revenues; the relationship with the state budget, and problems and prospects for reform. Lastly, explore tools and new ideas for funding infrastructure, operations and maintenance, and get answers to the most pressing fiscal issues facing public works.

Speaker
Michael Coleman, Cal Cities Fiscal Policy Advisor,
CaliforniaCityFinance.com
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10:15 a.m.- 10:45 a.m.

Concurrent Sessions
10:45 a.m.- 12:00 p.m.

Never a Waste of Time - Talking Organic Waste Regulations Hear from public works directors about how the implementation of the new organic waste diversion regulations brought by SB 1383 (Lara, 2016) is impacting cities around the state. Then, learn about the latest guidance and resources available for cities to comply with the regulations from CalRecycle.

Moderator
Derek Dolfie, Legislative Representative, League of California Cities Speakers
Rene Guerrero, Director of Public Works, Pomona
Zoe Heller, Deputy Director, Policy Development, CalRecycle Coby Skye, Assistant Deputy Director, Los Angeles County Public Work
Bridge Management and Maintenance Program
Discover how the Ventura County Public Works Roads and Transportation bridge asset database helps manage, maintain, and report on the county’s National Bridge Inventory (NBI) and non-NBI bridges. The bridge management program incorporates bridge data with a user interface that identifies essential bridges, structurally deficient and scour critical bridges, infrastructure condition, inspection reports, load rating analysis, sufficiency rating, age, the volume of traffic, bridge geometry, and appearance. The program enables Ventura County to anticipate remaining service life, prioritize categories of bridge work, and forecast costs for repair, maintenance, and replacement. Finally, the session will also include a brief 113 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 25/49 update on Highway Bridge Program Advisory Committee activities including an update on legislative efforts related to bridge program funding.

Moderator
David Fleisch, Assistant Director, Public Works Agency, Ventura County
Speakers
Dennis Haglan, Vice President, California Operations Manager, Dewberry EngineersChristopher Kurgan, Director, Department of Roads and Transportation
Matthew Randall, Road Maintenance Division Manager / Local Highway Bridge Advisory Committee Northern County
Representative, Placer County
Reaching Diverse Communities
Public works professionals are expected to reach, engage, and build bridges with diverse constituencies in communities throughout California.

Whether to communicate about construction activity, upcoming projects, or general information about agency goals and planning, it is important to reach a broad sector of community members in an inclusive manner.

During this dynamic discussion, representatives from the city of El Cajon and the award-winning NV5 Community Relations division will discuss the strategies and tactics they have used to engage target stakeholders and build support for their projects, as well as lasting community relationships.

Moderator and Speaker
Gabriela Dow, Director, Community Relations and Public Affairs, NV5
Speaker
Yazmin Arellano, Public Works Director, El Cajon
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12:00 p.m.- 1:30 p.m.

Enjoy networking with your colleagues over lunch followed by the time- honored delivery of California’s Outstanding Local Streets & Roads Project Awards.

Break
1:30 p.m.- 1:45 p.m.

Concurrent Sessions
1:45 p.m.- 3:00 p.m.

Variety Speed Sessions
Three topics will be presented lasting 20 minutes each.

Moderator
Julie Lucido, Public Works Director, Napa

1. Opportunities and Challenges in Municipal 4G/5G Deployments (1:45 – 2:10 p.m.)
4G and 5G cellular networks serve both handsets and emerging applications, including machine-to-machine communications for smart cities and the ‘Internet of Things’. These networks create a technological foundation for new services and products that have not yet been conceived. At the same time, the deployment of 4G and 5G cellular networks — especially small cell services on public property — creates political, social, economic, and regulatory complexities that previous technologies did not have. Receive an overview and updates on the challenges faced by both cities and the wireless industry; the trade-offs and decision points that need to be navigated; and tools and resources 115 of 334
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Speaker
David Witkowski, Exec. Dir., Civic Technologies, Joint Venture Silicon Valley

2. Three Ways to Enhance Your Political Acumen (2:10 – 2:35 p.m.) Public works professionals are apolitical creatures often operating in highly political environments. To succeed, they need a solid understanding of how to navigate the complex and ever-changing dynamics of local government. In this session, learn the universal truths that drive elected and appointed officials in their decision-making and how this knowledge can help you get your projects over the finish line.

Speaker
Kristina Ray, Communication & Engagement Director, Carlsbad

3. Forti-Fi Asphalt Fiber (2:35 – 3:00 p.m.)
Discover how Forta-Fi fiber reinforced asphalt provides a longer lasting pavement.

Speaker
Mike Hass, Project Manager, Pacific Geosource
With SB 743, Will We Always Have More EIRs?
Is it the wider road or the new development that is leading to an increase in vehicle miles traveled? Who should be responsible for complying with SB 743 (Bradford, 2021), and is the solution to just issue more Environmental Impact Reports? This diverse panel will give you a breakdown of SB 743, including how local jurisdictions and state agencies are setting the California Environmental Quality Act’s vehicle miles traveled thresholds, how projects are being processed under SB 743 requirements, and what 116 of 334
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Moderator
Sarah Holm, Environmental Division Manager, Dokken
Speakers
Damon Davis, Transportation Specialist, County of San Diego Matt Kelly, Senior Transportation Planner, Contra Costa Transportation Authority
Jason Pack, Principal, Fehr and Peers
Jason Welday, Director of Engineering Services/City Engineer, Rancho Cucamonga
Lead or Be Led
The onset of a crisis is too late to decide to become an effective leader; the process must be a cumulative part of each manager's personal development plan and practice. Learn how five-year partnerships with the public works department for the county of Santa Barbara — a department of 400 employees — built effective leaders at each level of the organization.

Moderator and Speaker
Scott McGolpin, Public Works Director, County of Santa Barbara Speakers
Marr Christian, Division Manager, Code Enforcement, San Bernardino
Julie Hagen, Deputy Public Works Director, Santa Barbara LTC (R) Nate Sassaman, Leadership Consultant/Trainer
Break
3:00 p.m.- 3:15 p.m.
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3:15 p.m.- 4:30 p.m.

Public Works Perspective: The Workplace Has Changed, Have You? Many public works professionals have found themselves at a crossroads of the pre- and post-pandemic work environment, often with the same question: “Where do we go from here?” Join this panel of California public works officials as they discuss the operational effects of 2020 and the path forward. The panel will provide their perspectives on a range of issues, such as meetings, business hours, and process changes, and share data that helps attendees gain a broader perspective. Industry trends and challenges will inspire audience members to build their own recovery plans.

Moderator
Michael Cannon, President, Cannon
Speakers
Christian Di Renzo, Director of Public Works & Utilities, Watsonville Patrick Dobbins, Public Works Director/City Engineer, Gonzales Ben Fine, Director of Public Works/City Engineer, Pismo Beach Scott McGolpin, Public Works Director, County of Santa Barbara City of Pacific Grove Urban Stormwater Diversion
Discover how the city of Pacific Grove constructed two stormwater diversion projects. You’ll learn how the city was able to capture stormwater prior to entering the Monterey Bay Areas of Special Biological Significance (ASBS), helping to eliminate pollutants from reaching the sensitive habitat.

The second project diverted stormwater from the sewer collection system which was treated and beneficially reused to support the water supplies in Monterey County. Finally, a discussion on how the projects were funded by grants and the lessons learned in implementing those funds will also be included.

Moderator and Speaker
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Speaker
Kari Wagner, Principal, Wallace Group
Public Contracting Requirements: Emergency Preparedness and Federal and State Reimbursement
How can public works departments prepare for emergencies? Learn contracting best practices and procedures to have in place before a disaster, what to have during the event, and what must happen immediately afterward to move forward quickly in addressing your community’s needs.

Laws, regulations, and executive orders have specific requirements for procuring services to restore a destroyed area. If this happens, your agency needs to be ready and eligible for disaster reimbursements from FEMA or the State. Presenters will explain the ins and outs of these processes, including possible pre- and post-procurement best practices to receive reimbursement for disaster-related expenditures.

Moderator
Reva Feldman, Retired City Manager, Malibu
Speakers
Brian Baker, Vice President, Hagerty ConsultingRyan Buras, Deputy Director, California Governor's Office of Emergency
ServicesMatthew Hochstein, Vice President, Hagerty Consulting Robert Pesapane, Regional Recovery Division Director, Federal Emergency Management Agency

Friday, March 25 
Registration Open
8:00 a.m.- 10:15 a.m.
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8:00 a.m.- 9:15 a.m.

Spend the morning with your city and county colleagues before each association resumes their separate
closing session.

Cal Cities Business and Legislative Updates
9:15 a.m.- 10:00 a.m.

Closing Keynote Session
10:00 a.m.- 11:15 a.m.

Three Important Accountability Traits of Highly Effective Teams Learn the skills that help leaders achieve results within their teams. Most leaders try to hold others accountable when something goes wrong. The real way to boost performance and morale is to create a healthy peer-to- peer accountability system. Having a balanced accountability-proven system that shows leaders how to create motivated and loyal teams will help maximize performance instead of killing morale. Key takeaways include how to break down barriers, exert influence, and appeal to your team; how using power-words will inspire others to see your point of view to take positive action; the three Ps to embrace the power of accountability, improving work culture; and how to eliminate excuses and inspire others to achieve results they never felt were possible.

Speaker
Hernani Alves, Author, Balanced Accountability, Founder, Balanced IQ Leadership
Adjourn
11:15 a.m.
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2022 Institute Session Materials
Bridge Management and Maintenance Program (/docs/default-source/public- works-officers-institute---session-materials/2022-pwoi/bridge-management-and- maintenance-program.pdf?sfvrsn=8f3ba7a8_3)
(/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/challenges-and-opportunities-in-pavement-preservation---cheng.pdf? sfvrsn=7584169e_3) Challenges and Opportunities in Pavement Preservation - Cheng (/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/challenges-and-opportunities-in-pavement-preservation---cheng.pdf? sfvrsn=7584169e_3)
(/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/challenges-and-opportunities-in-pavement-preservation---harvey.pdf? sfvrsn=2c352cea_3) Challenges and Opportunities in Pavement Preservation - Harvey (/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/challenges-and-opportunities-in-pavement-preservation---harvey.pdf? sfvrsn=2c352cea_3)
(/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/challenges-and-opportunities-in-pavement-preservation---kedarisetty-v.2.pdf? sfvrsn=e37daa3e_3) Challenges and Opportunities in Pavement Preservation - Kedarisetty (/docs/default-source/public-works-officers-institute---session- materials/2022-pwoi/challenges-and-opportunities-in-pavement-preservation--- kedarisetty-v.2.pdf?sfvrsn=e37daa3e_3)
(/docs/default-source/public-works-officers-institute---session-materials/2022-pwoi/city- of-pacific-grove-urban-stormwater-diversion.pdf?sfvrsn=458ee536_3) (/docs/default- source/public-works-officers-institute---session-materials/2022-pwoi/city-of-pacific- grove-urban-stormwater-diversion.pdf?sfvrsn=458ee536_3) City of Pacific Grove Urban Stormwater Diversion (/docs/default-source/public-works-officers-institute--- session-materials/2022-pwoi/city-of-pacific-grove-urban-stormwater-diversion.pdf? sfvrsn=458ee536_3)
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(/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/good-news--communicating-the-value-of-public-works.pdf?sfvrsn=6f100279_3) Good News: Communicating the Value of Public Works (/docs/default- source/public-works-officers-institute---session-materials/2022-pwoi/good-news-- communicating-the-value-of-public-works.pdf?sfvrsn=6f100279_3) (/docs/default-source/public-works-officers-institute---session-materials/lead-or-be- led.pdf?sfvrsn=92e2040b_3) Lead or Be Led (/docs/default-source/public-works- officers-institute---session-materials/lead-or-be-led.pdf?sfvrsn=92e2040b_3) (https://www.calcities.org/docs/default-source/public-works-officers-institute---session- materials/2022-pwoi/managing-stormwater's-perfect-storm---management-finances-law- and-politics.pdf?sfvrsn=902173f_3) Managing Stormwater's Perfect Storm:

Management, Finances, Law, and Politics (https://www.calcities.org/docs/default- source/public-works-officers-institute---session-materials/2022-pwoi/managing- stormwater's-perfect-storm---management-finances-law-and-politics.pdf? sfvrsn=902173f_3)
(/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/never-a-waste-of-time--talking-organic-waste-regulations---guerrero.pdf? sfvrsn=7656dea9_3) Never a Waste of Time: Talking Organic Waste Regulations - Guerrero (/docs/default-source/public-works-officers-institute--- session-materials/2022-pwoi/never-a-waste-of-time--talking-organic-waste-regulations--- guerrero.pdf?sfvrsn=7656dea9_3)
(/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/never-a-waste-of-time--talking-organic-waste-regulations---heller.pdf? sfvrsn=c74195d3_3) Never a Waste of Time: Talking Organic Waste Regulations - Heller (/docs/default-source/public-works-officers-institute---session- materials/2022-pwoi/never-a-waste-of-time--talking-organic-waste-regulations--- heller.pdf?sfvrsn=c74195d3_3)
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(/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/opportunities-and-challenges-in-municipal-4g-5g-deployments.pdf? sfvrsn=9959d7f9_3) Opportunities and Challenges in Municipal 4G 5G Deployments (/docs/default-source/public-works-officers-institute---session- materials/2022-pwoi/opportunities-and-challenges-in-municipal-4g-5g-deployments.pdf? sfvrsn=9959d7f9_3)
(/docs/default-source/public-works-officers-institute---session-materials/public- contracting-requirement--emergency-preparedness-and-federal-and-state- reimbursement---pesapane.pdf?sfvrsn=bcacae9a_3) Public Contracting Requirement: Emergency Preparedness and Federal and State Reimbursement - Pesapane (/docs/default-source/public-works-officers-institute--- session-materials/public-contracting-requirement--emergency-preparedness-and- federal-and-state-reimbursement---pesapane.pdf?sfvrsn=bcacae9a_3) (/docs/default-source/public-works-officers-institute---session-materials/public-works- perspective--the-workplace-has-changed-have-you.pdf?sfvrsn=7e992527_6) (/docs/default-source/public-works-officers-institute---session-materials/public-works- perspective--the-workplace-has-changed-have-you.pdf?sfvrsn=7e992527_6) Public Works Perspective: The Workplace Has Changed, Have You? (/docs/default- source/public-works-officers-institute---session-materials/public-works-perspective-- the-workplace-has-changed-have-you.pdf?sfvrsn=7e992527_6) (/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/reaching-diverse-communities.pdf?sfvrsn=35866b08_3) Reaching Diverse Communities (/docs/default-source/public-works-officers-institute---session- materials/2022-pwoi/reaching-diverse-communities.pdf?sfvrsn=35866b08_3) (/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/sustaining-power-during-wildfire--public-safety-power-shutoffs-with- microgrids.pdf?sfvrsn=e2674066_3) Sustaining Power During Wildfire- Public 123 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 35/49 Safety Power Shutoffs with Microgrids (/docs/default-source/public-works- officers-institute---session-materials/2022-pwoi/sustaining-power-during-wildfire-- public-safety-power-shutoffs-with-microgrids.pdf?sfvrsn=e2674066_3) (/docs/default-source/public-works-officers-institute---session-materials/2022-pwoi/the- road-safety-and-signage-audit.pdf?sfvrsn=220f020b_3) The Road Safety and Signage Audit (/docs/default-source/public-works-officers-institute---session- materials/2022-pwoi/the-road-safety-and-signage-audit.pdf?sfvrsn=220f020b_3) (/docs/default-source/public-works-officers-institute---session-materials/three- important-accountability-traits-of-highly-effective-teams.pdf?sfvrsn=30936cc4_3) Three Important Accountability Traits of Highly Effective Teams (/docs/default- source/public-works-officers-institute---session-materials/three-important- accountability-traits-of-highly-effective-teams.pdf?sfvrsn=30936cc4_3) (/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/three-ways-to-enhance-your-political-acumen.pdf?sfvrsn=45dd14d9_3) (/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/three-ways-to-enhance-your-political-acumen.pdf?sfvrsn=45dd14d9_3) Three Ways to Enhance Your Political Acumen (/docs/default-source/public-works- officers-institute---session-materials/2022-pwoi/three-ways-to-enhance-your-political- acumen.pdf?sfvrsn=45dd14d9_3)
(/docs/default-source/public-works-officers-institute---session-materials/2022- pwoi/understanding-the-legislative-process.pdf?sfvrsn=e55edd48_3) Understanding the Legislative Process (/docs/default-source/public-works-officers-institute--- session-materials/2022-pwoi/understanding-the-legislative-process.pdf? sfvrsn=e55edd48_3)
(/docs/default-source/public-works-officers-institute---session-materials/2022-pwoi/with- sb-743-will-we-always-have-more-eirs.pdf?sfvrsn=2bd382d3_3) With SB 743, Will We Always Have More EIRs (/docs/default-source/public-works-officers-institute--- session-materials/2022-pwoi/with-sb-743-will-we-always-have-more-eirs.pdf? sfvrsn=2bd382d3_3)

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2021 Session Materials 
Be the Change How to Modernize Your Government - Misner (/docs/default-source/public-works-officers-institute---session-materials/be-the- change-how-to-modernize-your-government---misner.pdf?sfvrsn=2a32c26f_3) (https://www.cacities.org/Resources-Documents/Education-and-Events- Section/Public-Works-Officers-Institute/2021-Session-Materials-(1)/Design-Immunity- and-the-Trivial-Defect-Rule-Cecc) Design Immunity and the Trivial Defect Rule - Ceccon (/docs/default-source/public-works-officers-institute---session- materials/design-immunity-and-the-trivial-defect-rule---ceccon.pdf? sfvrsn=1492b401_3)
(https://www.cacities.org/Resources-Documents/Education-and-Events- Section/Public-Works-Officers-Institute/2021-Session-Materials-(1)/Homelessness- Moving-Beyond-Streets-and-Parks) Homelessness Moving Beyond Streets and Parks (/docs/default-source/public-works-officers-institute---session- materials/homelessness-moving-beyond-streets-and-parks.pdf?sfvrsn=1d4bd1cd_3) (https://www.cacities.org/Resources-Documents/Education-and-Events- Section/Public-Works-Officers-Institute/2021-Session-Materials-(1)/Legal-Topics- Speed-Sessions) Legal Topics Speed Sessions (/docs/default-source/public- works-officers-institute---session-materials/legal-topics-speed-sessions.pdf? sfvrsn=389ae967_3)
(https://www.cacities.org/Resources-Documents/Education-and-Events- Section/Public-Works-Officers-Institute/2021-Session-Materials-(1)/Legislative- Update) Legislative Update (/docs/default-source/public-works-officers-institute--- session-materials/legislative-update.pdf?sfvrsn=157e404b_3) (https://www.cacities.org/Resources-Documents/Education-and-Events- Section/Public-Works-Officers-Institute/2021-Session-Materials-(1)/Project-Labor- Agreements-for-Local-Public-Work-(2)) Project Labor Agreements for Local Public Works Projects - Foley (/docs/default-source/public-works-officers- institute---session-materials/project-labor-agreements-for-local-public-works- projects---foley.pdf?sfvrsn=978fb832_3)
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(https://www.cacities.org/Resources-Documents/Education-and-Events- Section/Public-Works-Officers-Institute/2021-Session-Materials-(1)/Project-Labor- Agreements-for-Local-Public-Work-(1)) Project Labor Agreements for Local Public Works Projects - Graham, Gross, Holtzman (/docs/default- source/public-works-officers-institute---session-materials/project-labor-agreements- for-local-public-works-projects---graham-gross-holtzman.pdf?sfvrsn=703e8eab_3) (https://www.cacities.org/Resources-Documents/Education-and-Events- Section/Public-Works-Officers-Institute/2021-Session-Materials-(1)/Public- Contracting-Requirements-Emergency-Prepared) Public Contracting Requirements Emergency Preparedness and Federal and State Reimbursement (/docs/default-source/public-works-officers-institute---session- materials/public-contracting-requirements-emergency-preparedness-and-federal- and-state-reimbursement9f6f31ab-9955-423f-8e13-99184eced253.pdf? sfvrsn=39da45ae_3)
(https://www.cacities.org/Resources-Documents/Education-and-Events- Section/Public-Works-Officers-Institute/2021-Session-Materials-(1)/Stormwater-and- Health-California-s-Trash-Amendment) Stormwater and Health California's Trash Amendments and Tobacco Product Waste Kingston
(https://www.calcities.org/docs/default-source/public-works-officers-institute--- session-materials/stormwater-and-health-california's-trash-amendments-and- tobacco-product-waste-kingston.pdf?sfvrsn=33defc3f_3)
(https://www.cacities.org/Resources-Documents/Education-and-Events- Section/Public-Works-Officers-Institute/2021-Session-Materials-(1)/What-Public- Works-Officers-Need-to-Know-About-City) What Public Works Officers Need to Know About City Finance - Coleman (/docs/default-source/public-works- officers-institute---session-materials/what-public-works-officers-need-to-know-about- city-finance---coleman.pdf?sfvrsn=6e611d01_3)
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2020 Session Materials 

2020 Public Works Officers Institute Agenda (/docs/default-source/public- works-officers-institute---session-materials/2020-public-works-officers-institute- agenda.pdf?sfvrsn=956608a4_3)
Big Data, Little Problems (/docs/default-source/public-works-officers-institute--- session-materials/big-data-little-problems.pdf?sfvrsn=5107360b_3) Bridging The Gap: Communication Between Generations In The Workforce (/docs/default-source/public-works-officers-institute---session- materials/bridging-the-gap-communication-between-generations-in-the- workforce.pdf?sfvrsn=7c664965_3)
Challenges and Opportunities in Pavement Preservation
(/docs/default-source/public-works-officers-institute---session-materials/challenges- and-opportunities-in-pavement-preservation.pdf?sfvrsn=e96733b7_3) Crowdsourcing Decision-Making: A Police Station, a River, and a Road (/docs/default-source/public-works-officers-institute---session- materials/crowdsourcing-decision-making-a-police-station-a-river-and-a-road.pdf? sfvrsn=aab85e_3)
Energy Resiliency through Sustainable Solutions (/docs/default- source/public-works-officers-institute---session-materials/energy-resiliency-through- sustainable-solutions.pdf?sfvrsn=d564ab9f_3)
Fire and Floods: Recovering from California's New Normal (/docs/default- source/public-works-officers-institute---session-materials/fire-and-floods-recovering- from-california's-new-normal.pdf?sfvrsn=20f2e26c_3)
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Homelessness: Moving Beyond Streets and Parks - Onuma (/docs/default- source/public-works-officers-institute---session-materials/homelessness-moving- beyond-streets-and-parks---onuma.pdf?sfvrsn=75597341_3) Opportunities and Challenges in Municipal 4G/5G Deployments (/docs/default-source/public-works-officers-institute---session- materials/opportunities-and-challenges-in-municipal-4g-5g-deployments.pdf? sfvrsn=44fbaeb0_3)
Project Labor Agreements for Local Public Works Projects - Alvarez (/docs/default-source/public-works-officers-institute---session-materials/project- labor-agreements-for-local-public-works-projects---alvarez.pdf?sfvrsn=103b1e5a_3) Project Labor Agreements for Local Public Works Projects - Cooke (/docs/default-source/public-works-officers-institute---session-materials/project- labor-agreements-for-local-public-works-projects---cooke.pdf?sfvrsn=2ae019d5_3) Public Contracting Requirements: Emergency Preparedness and Federal and State Reimbursement (/docs/default-source/public-works-officers- institute---session-materials/public-contracting-requirements-emergency- preparedness-and-federal-and-state-reimbursement.pdf?sfvrsn=67b5b8ba_3) Public Outreach Using Virtual Meetings (/docs/default-source/public-works- officers-institute---session-materials/public-outreach-using-virtual-meetings.pdf? sfvrsn=a6aac0e0_3)
Public Works 2020 Announcement (/docs/default-source/public-works-officers- institute---session-materials/public-works-2020-announcement.pdf? sfvrsn=451021f7_3)
Reducing the Impact of Climate Change Through Improved Pavement Resiliency (/docs/default-source/public-works-officers-institute---session- materials/reducing-the-impact-of-climate-change-through-improved-pavement- resiliency.pdf?sfvrsn=b710b950_3)
Reimagining Leadership (/docs/default-source/public-works-officers-institute--- session-materials/reimagining-leadership.pdf?sfvrsn=f39a992c_3) 128 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 40/49 Roller Compacted Concrete - Design, Construction and Performance in California (/docs/default-source/public-works-officers-institute---session- materials/roller-compacted-concrete---design-construction-and-performance-in- california.pdf?Status=Master&sfvrsn=8118d17_3)
Scrap Your Fears About Food Waste Regulations: Preparing for SB1383 (/docs/default-source/public-works-officers-institute---session-materials/scrap-your- fears-about-food-waste-regulations-preparing-for-sb1383.pdf?sfvrsn=dd934af3_3) Tackling the Local Highway Bridge Program’s Toughest Issues (/docs/default-source/public-works-officers-institute---session-materials/tackling-the- local-highway-bridge-program-s-toughest-issues.pdf?sfvrsn=f10fa70a_3) The Road Safety and Signage Audit (/docs/default-source/public-works- officers-institute---session-materials/the-road-safety-and-signage-audit.pdf? sfvrsn=843f129f_3)
The Unseen Impact of California Wildfires on Affected Roadway Pavements (/docs/default-source/public-works-officers-institute---session- materials/the-unseen-impact-of-california-wildfires-on-affected-roadway- pavements.pdf?sfvrsn=f9294d80_3)
2019 Session Materials 
(/docs/default-source/public-works-officers-institute---session-materials/we've- always-done-it-that-way-is-over-what's-next---ibarra.pdf?sfvrsn=d3204761_3) "We've Always Done It That Way” Is Over: What's Next? - Ibarra (/docs/default-source/public-works-officers-institute---session-materials/we've- always-done-it-that-way-is-over-what's-next---ibarra.pdf?sfvrsn=d3204761_3) 2019 Public Works Officers Institute & Expo Program (/docs/default- source/public-works-officers-institute---session-materials/2019-public-works- officers-institute-expo-program.pdf?sfvrsn=ca599806_3)
Building Leaders from Within: A Formula for the Evolving Workforce - Berg (/docs/default-source/public-works-officers-institute---session- materials/building-leaders-from-within-a-formula-for-the-evolving-workforce--- berg.pdf?sfvrsn=282484c2_3)
Communicating During A Crisis: Expect the Unexpected - McGuire (/docs/default-source/public-works-officers-institute---session- 129 of 334
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CPUC's "Rail Academy" for Public Works Directors & Staff (/docs/default- source/public-works-officers-institute---session-materials/cpuc's-rail-academy-for- public-works-directors-staff.pdf?sfvrsn=69805894_3)
Dockless Scooters & Bikes: Future, Fad, or Nuisance? - Kunitake (/docs/default-source/public-works-officers-institute---session-materials/dockless- scooters-bikes-future-fad-or-nuisance---kunitake.pdf?sfvrsn=f8fa770b_3) Dockless Scooters & Bikes: Future, Fad, or Nuisance? - Maguire (/docs/default-source/public-works-officers-institute---session-materials/dockless- scooters-bikes-future-fad-or-nuisance---maguire.pdf?sfvrsn=66bee83b_3) Dockless Scooters & Bikes: Future, Fad, or Nuisance? - Schreiber (/docs/default-source/public-works-officers-institute---session-materials/dockless- scooters-bikes-future-fad-or-nuisance---schreiber.pdf?sfvrsn=35260889_3) Emergency & Urgent Response: JOC to the Rescue! - Mendoza (/docs/default-source/public-works-officers-institute---session-materials/emergency- urgent-response-joc-to-the-rescue!---mendoza.pdf?sfvrsn=4a13613c_3) HELP: Partnering to Provide Employment Opportunities for Homeless Persons (/docs/default-source/public-works-officers-institute---session- materials/help-partnering-to-provide-employment-opportunities-for-homeless- persons.pdf?sfvrsn=42eda0e_3)
Hot Topics in Waste Management - Goncharoff (/docs/default-source/public- works-officers-institute---session-materials/hot-topics-in-waste-management--- goncharoff.pdf?sfvrsn=169c21e7_3)
Is The Sun Setting on Local Government Solar Projects? (/docs/default- source/public-works-officers-institute---session-materials/is-the-sun-setting-on-local- government-solar-projects?sfvrsn=ccbca2d6_3&download=true) LCC Public Works Announcement (/docs/default-source/public-works-officers- institute---session-materials/lcc-public-works-announcement.pdf? sfvrsn=12aa0aa5_3)
Legal Update for Public Works Officers - Wilder (/docs/default-source/public- works-officers-institute---session-materials/legal-update-for-public-works-officers--- wilder.pdf?sfvrsn=af2fa38b_3)
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Regional Alignment of Wireless Communications - Witkowski (/docs/default-source/public-works-officers-institute---session-materials/regional- alignment-of-wireless-communications---witkowski.pdf?sfvrsn=8ec0f015_3) Removing the Cloak of Invisibility (/docs/default-source/public-works-officers- institute---session-materials/removing-the-cloak-of-invisibility.pdf? sfvrsn=c5e7e164_3)
Sand, Gravel, Stone: What Your Agency Needs to Know - Gius (/docs/default-source/public-works-officers-institute---session-materials/sand-gravel- stone-what-your-agency-needs-to-know---gius.pdf?sfvrsn=d096c3b_3) Sand, Gravel, Stone: What Your Agency Needs to Know - McGee (/docs/default-source/public-works-officers-institute---session-materials/sand-gravel- stone-what-your-agency-needs-to-know---mcgee.pdf?sfvrsn=d2df1843_3) Sand, Gravel, Stone: What Your Agency Needs to Know - Onsted (/docs/default-source/public-works-officers-institute---session-materials/sand-gravel- stone-what-your-agency-needs-to-know---onsted.pdf?sfvrsn=2da9bae7_3) Sand, Gravel, Stone: What Your Agency Needs to Know - Philips (/docs/default-source/public-works-officers-institute---session-materials/sand-gravel- stone-what-your-agency-needs-to-know---philips.pdf?sfvrsn=508d18ad_3) Transforming Stormwater From a Pollutant to a Resource (/docs/default- source/public-works-officers-institute---session-materials/transforming-stormwater- from-a-pollutant-to-a-resource.pdf?sfvrsn=dabb3072_3)
Transforming Stormwater From a Pollutant to a Resource - Clark (/docs/default-source/public-works-officers-institute---session- materials/transforming-stormwater-from-a-pollutant-to-a-resource---clark.pdf? sfvrsn=f3ec689c_3)
Use of Streetlight Infrastructure to Deploy Smart City Applications - Thomas (/docs/default-source/public-works-officers-institute---session- 131 of 334
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What Public Works Professionals Need to Know About Financing Today (/docs/default-source/public-works-officers-institute---session-materials/what-public- works-professionals-need-to-know-about-financing-today.pdf?sfvrsn=dc6149ec_3) Word on the Street: Showing people the value of public works projects (/docs/default-source/public-works-officers-institute---session-materials/word-on-the- street-showing-people-the-value-of-public-works-projects.pdf?sfvrsn=c08aea0a_3) Exhibitors
Call for Proposals
Cal Cities is seeking thorough, thoughtful, and complete proposals that tell how your session can help elected city officials improve their communities, leadership abilities, and knowledge within their roles. Submissions from any individual, group, business, or (https://www.acec-ca.org/)

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2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 44/49 organization on any topic are welcome. The call for proposals for the 2023 Public Works Officers Institute is closed and will reopen Spring 2023.

We encourage you to take advantage of this exciting opportunity to share your ideas, knowledge, and expertise with this important audience! For questions, please contact Katie Pebler (mailto:[email protected]) .

General Information 
Who Can Submit
Submissions, from any individual, group, business, or organization are welcome.

Please remember that all sessions require a well-conceived presentation, good visuals, and a great deal of rehearsal!
How It Works
Only proposals submitted online through the proposal form will be considered. As there is a limit to the amount of words allowed within the title and description of each proposal, it may be helpful to draft the proposal in a word-processing program first, then paste the final version into the online form.

Target Audience
This educational event is designed to keep city and county public works directors up- to-date on issues of importance to them and their cities.

All About Proposals 
Securing a spot on the program is highly competitive, with approximately 25 percent of proposals being accepted. You can increase your chances by preparing a thorough, thoughtful, and complete proposal that tells how your session would help city leaders and those who work within city governments to improve their careers and communities. When preparing your proposal consider the following elements:

Is there at least (1) peer of the audience on the panel? 133 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 45/49 Is the topic new and/or critical for city government?
Will it draw a wide audience?
Will this issue stimulate action and further important discussion? Does the description clearly state what cities will learn from attending the session?
Does the panel reflect the diversity of California cities (north/south, large/small, urban/rural)?
Tips for Successful Proposals
Think big
Vary the viewpoint
Pare down the panel
Speaker skills matter
Plan for a crowd
Try something new
Interact with the audience
Fill in the blanks
Quality counts
Types of Proposals
More than 95 percent of each year's conference programming comes directly from the open call for proposals. Sessions may be scheduled as a general session or concurrent session at Cal Cities' discretion. Select one of the available formats listed below that best fits your topic and desired outcomes or propose an alternative session format.

Keynote Speaker
Keynote speakers are high-profile and designed to bring everyone together for a general session / and may set the tone of the event. This format permits approximately 45-60 minutes of an engaging presentation by a single speaker.

Depending on time restrictions, the presentation may be followed by approximately 15 minutes of questions and answers with the audience or a moderator.

Panel Discussion
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2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 46/49 Panels consist of a moderator and a maximum of three speakers who participate in a 60 minute engaging presentation and discussion followed by approximately 15 minutes of questions and answers.

Speed Sessions
Fifteen minute bursts of information on one topic by one speaker followed by five (5) minutes of questions & answers. Typically, these engaging presentations are based on focused projects or personal experience.

Facilitated Group Discussion
A 75 minute interactive conversation on a topic led by a single facilitator. You may include a maximum 15 minute presentation on which the issue/concern is framed and, then, guide a discussion among the attendees with prepared questions. At the conclusion of the discussion, the facilitator must spend time summarizing key findings, suggestions, and points.

Alternative Format
Be creative! If your session does not fit one of the above formats, this is your opportunity to propose something different. Please be sure to provide the time, room setup, and other important details. Alternative formats will be accommodated based on interest level, space, and set-up availability.

Requirements, Review, and Policies 
Submission Requirements and Review
Submissions will be reviewed by a program planning committee.

Cal Cities reserves the right to modify accepted proposal session titles, descriptions, presenters or other elements as necessary to insure balance, quality and enhance marketability. If an originally accepted speaker cancels, the session may be disqualified. Additional speakers not included in the original proposal are not permitted to be added without review and approval.

Successful Proposal Considerations
The following criteria may be considered during the review of submissions:

Relevance - What are the practical applications of your ideas? Have you included reasoning and documentation to support your conclusions, 135 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 47/49 recommendations and outcomes? Conference attendees prefer presentations focused on outcomes or results. Make the definition and background portions of your presentation brief. Highlight problems encountered, options available, choices made, documented pre- and post-change effects and lessons learned.

Content expands attendees' knowledge - Will your presentation expand knowledge beyond entry-level basics? Most conference participants are elected officials, appointed officials, and seasoned professionals. In general, direct your presentation to an intermediate or advanced audience.

Originality - Does your presentation advance existing ideas or present new ideas? Has this material been presented elsewhere? You might apply proven techniques to new problems or identify and apply new approaches, techniques or philosophies. Assess the degree to which an application is a new tool. Avoid highlighting a named product or service…focus instead on the general attributes, benefits and drawbacks of a given application, process or tool.

Examples - Do you have an appropriate number of examples? Documenting comparative results convinces participants that your ideas have been tested in the real world.

Timeliness - Will your presentation still be up-to-date and cutting-edge in six to nine months when the conference occurs? Will your topic have implications in the future? How relevant is your topic in the context of pending legislation, regulations and technology?
Inclusion of good, solid insights - What attendees want to learn is the reality versus the hype, the positive and negative attributes, problems encountered but not often discussed, realistic expectations for the operational use and adaptability to a changing environment. They are searching for guidelines and models to simplify or manage their own application or installation.

Logical conclusions - Are your conclusions supported by data? Attendees place a high value on supporting data in assessing the value and applicability of presentations. Include adequate and convincing details.

Identification of outside resources - Have you included sources of information, benchmark data or other examples?
Avoidance of product/vendor commercial - No commercials and/or proprietary information for particular products, services or vendors are permitted.

Completeness of proposal - The quality, completeness and accuracy of the proposal will be considered during session selection process. 136 of 334
2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 48/49 Preferred Speaker Qualifications - Panelists should reflect the diversity of California with a north/south, large/small, urban/rural representation when possible.

Five or more (5+) years of public presentation experience.

Two or more (2+) years of experience related to working in or presenting on the topic or idea.

More than two (2) successful speaking engagements to large audiences at a regional or state level in the past two years.

Must not pose a conflict of interest with subject/business area or must disclose such information in each speaker bio submitted.

No commercialism.

To ensure a variety of perspectives, Cal Cities policy limits the number of times an individual, group, business or organization can speak at a single conference. In addition, each panel should have no more than one panelist per city/county, firm, company or organization (exceptions may apply).

Overall - In the end, you must make your case for the importance of this topic and its relevance to participants.

Registration and Speaker Policy
The League of California Cities is unable to provide complimentary registration or any reimbursement of expenses, travel, or other compensation. We recognize and deeply appreciate your interest and commitment. The success of our program depends on the efforts of practicing professionals willing to volunteer their time to professional education.

Privacy Policy
We value your privacy and will never share any of your personal information nor sell your e-mail address to an outside party.

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2/1/23, 7:47 AM Public Works Officers Institute | Cal Cities https://www.calcities.org/detail-pages/event/2023/03/08/default-calendar/public-works-officers-institute 49/49 1400 K Street, Suite 400
Sacramento, CA 95814
P: (916) 658-8200
F: (916) 658-8240
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Nancy Vera, Human Resources Manager
Isarel Perez Hernandez, Finance Director

DATE: February 7, 2022

SUBJECT: Adopt a Resolution Approving the Amended Salary Schedule for the Fiscal Year 2022-2023 in Compliance with the California Public Employees’ Retirement System (CalPERS) Requirement for Publicly Available Pay Schedules.

Recommendation:

Staff recommends the City Council
1) Adopt a Resolution Approving the Amended Salary Schedule for Fiscal Year 2022 – 2023 as required by CalPERS Requirement for Publicly Available Pay Schedules.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

Discussion:

The City Council annually approves the Salary Schedule for the given Fiscal Year as outlined by the Public Employees’ Retirement Law (PERL) Government Code (GC) sections 20636 and 20636.1, which define compensation earnable for State, School, and Public Agency members. Section 570.5 of the California Code of Regulations (CCR) further clarifies compensation earnable.

STAFF REPORT
City of Wasco

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For purposes of determining the amount of “compensation earnable” pursuant to GC sections 20630, 20636, and 20636.1, the pay rate shall be limited to the amount listed on a pay schedule that meets all of the following requirements:

1. Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws;

2. Identifies the position title for every employee position;

3. Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;

4. Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;

5. Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;

6. Indicates an effective date and date of any revisions;

7. Is retained by the employer and available for public inspection for not less than five years; and

8. Does not reference another document in lieu of disclosing the pay rate.

All eight (8) requirements must be met in one salary schedule for each member’s pay in order for CalPERS to approve the pay amount as pay rate and reportable compensation earnable. All employers must comply with the compensation -earnable provisions and corresponding regulations of the PERL.

The noted change in the Salary Schedule for Fiscal Year 2022 – 2023 is the addition of the Accounting Supervisor position, which requires City Council approval and submission to CalPERS.

As noted in the attached Circular Letter (200 -050-16) issued on November 4, 2016, by CalPERS, the requirements for compensation earnable and publicly available pay schedules are deemed to be crucial in order to adhere to the law. Staff will periodically bring the comprehensive salary schedule with updates to the City Council for approval as needed.

Fiscal Impact:

Salary schedule ranges are incorporated into the 2022-2023 Fiscal Year budget. No fiscal impact as a result of this action.

Attachments:

1. Resolution

2. Salary Schedule

3. CALPERS Circular Letter 200-050-16

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RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO APPROVING THE AMENDED SALARY SCHEDULE IN COMPLIANCE WITH THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT

SYSTEM (CALPERS) REQUIREMENTS FOR PUBLICLY AVAILABLE PAY SCHEDULES WHEREAS, in order to meet CalPERS requirements for publicly available pay schedules, the City Council must approve a salary schedule for all City positions (including elected and appointed positions), independent from the salary schedules included in the memorandum of understanding with employee groups or employment agreements; and

WHEREAS, Title 2. §570.5 of the California Code of Regulations establishes certain requirements for a publicly available pay schedule; and

WHEREAS, the City of Wasco must comply with Government Code § 20636(B)(1) and Title 2, §570.5 of the California Code of Regulations.

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

SECTION 1: Approves the Salary Schedule update to include the Accounting Supervisor position for Fiscal Year 2022- 23 in order to meet the requirements of Title 2, §570.5 of the California Code of Regulations.

SECTION 2: The Salary Schedule for Fiscal Year 2022-23 is included as an attachment to this Resolution.

SECTION 3: Authorizes the City Manager or City Manager’s designee to endorse the salary schedule.
-o0o-

I HEREBY CERTIFY that the foregoing Resolution No. 202 3 – was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2022, by the following vote:

COUNCIL MEMBERS: MARTINEZ, GARCIA, REYNA, SALDAÑA, MEDINA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VINCENT MARTINEZ,
MAYOR of the City of Wasco

Attest:

__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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City Manager Contract
Deputy Public Works Director(s) Contract
Police Lieutenant Contract
Assitant City Manager Contract
Finance Director Contract
Community Development Director Contract
Public Works Director Contract
Police Chief Contract
City Council Member 300$
City Clerk/Treasurer 60$

MID MANAGEMENT - EXEMPT PAY SCHEDULE - BIWEEKLY

TITLE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP A STEP F STEP A STEP F Senior Planner 6 $2,665.21 $2,798.46 $2,938.39 $3,085.30 $3,239.57 $3,401.53 $69,295.46 $88,439.78 33.3151 42.5191 City Project Manager 9 $2,870.13 $3,013.64 $3,164.32 $3,322.53 $3,488.66 $3,663.10 $74,623.38 $95,240.60 35.8766 45.7888 Chief Building Official 9 $2,870.13 $3,013.64 $3,164.32 $3,322.53 $3,488.66 $3,663.10 $74,623.38 $95,240.60 35.8766 45.7888 Human Resources Manager 9 $2,870.13 $3,013.64 $3,164.32 $3,322.53 $3,488.66 $3,663.10 $74,623.38 $95,240.60 35.8766 45.7888 Sanitation Superintendent 9 $2,870.13 $3,013.64 $3,164.32 $3,322.53 $3,488.66 $3,663.10 $74,623.38 $95,240.60 35.8766 45.7888 Accounting Manager 12 $3,091.52 $3,247.84 $3,412.44 $3,585.32 $3,766.57 $3,957.44 $80,379.52 $102,893.44 38.6440 49.4680 Administrative Manager 18 $3,584.40 $3,763.62 $3,951.79 $4,149.39 $4,356.85 $4,574.70 $93,194.40 $118,942.20 44.8050 57.1838 Non-Exempt Bi-Weekly Pay Schedule

TITLE RANGE STEP A STEP B STEP C STEP D STEP E STEP F STEP A STEP F STEP A STEP F Utility Technician 23 1,403.21$ 1,473.37$ 1,547.04$ 1,624.39$ 1,705.62$ 1,790.90$ $36,483.46 $46,563.40 17.5401 22.3863 Animal Shelter Service Worker 23 1,403.21$ 1,473.37$ 1,547.04$ 1,624.39$ 1,705.62$ 1,790.90$ $36,483.46 $46,563.40 17.5401 22.3863 Animal Control Officer 25 1,474.24$ 1,547.96$ 1,625.36$ 1,706.63$ 1,791.96$ 1,881.55$ $38,330.24 $48,920.30 18.4280 23.5194 Facilities Maintenance Technician I 25 1,474.24$ 1,547.96$ 1,625.36$ 1,706.63$ 1,791.96$ 1,881.55$ $38,330.24 $48,920.30 18.4280 23.5194 Transit Bus Driver 25 1,474.24$ 1,547.96$ 1,625.36$ 1,706.63$ 1,791.96$ 1,881.55$ $38,330.24 $48,920.30 18.4280 23.5194 Mechanic I 26 1,511.10$ 1,586.65$ 1,665.98$ 1,749.29$ 1,836.75$ 1,928.59$ $39,288.60 $50,143.34 18.8888 24.1074 Street Maintenance Technician I 26 1,511.10$ 1,586.65$ 1,665.98$ 1,749.29$ 1,836.75$ 1,928.59$ $39,288.60 $50,143.34 18.8888 24.1074 Water Operator-In-Training 26 1,511.10$ 1,586.65$ 1,665.98$ 1,749.29$ 1,836.75$ 1,928.59$ $39,288.60 $50,143.34 18.8888 24.1074 WWTP Operator-In-Training 27 1,548.87$ 1,626.32$ 1,707.63$ 1,793.00$ 1,882.65$ 1,976.80$ $40,270.69 $51,396.80 19.3609 24.7100 Street Sweeper Operator I 27 1,548.87$ 1,626.32$ 1,707.63$ 1,793.00$ 1,882.65$ 1,976.80$ $40,270.69 $51,396.80 19.3609 24.7100 Street Maintenance Technician II 28 1,587.60$ 1,666.98$ 1,750.32$ 1,837.85$ 1,929.74$ 2,026.22$ $41,277.60 $52,681.72 19.8450 25.3278 Billing and Collections Specialist I 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Mechanic II 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Administrative Assistant I 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Facilities Maintenance Technician II 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Sanitation Worker I 29 1,627.29$ 1,708.66$ 1,794.08$ 1,883.80$ 1,977.98$ 2,076.88$ $42,309.54 $53,998.88 20.3411 25.9610 Wastewater Collections Specialist I 30 1,667.97$ 1,751.37$ 1,838.94$ 1,930.91$ 2,027.43$ 2,128.80$ $43,367.22 $55,348.80 20.8496 26.6100 Water Operator I 30 1,667.97$ 1,751.37$ 1,838.94$ 1,930.91$ 2,027.43$ 2,128.80$ $43,367.22 $55,348.80 20.8496 26.6100 Administrative Assistant II 31 1,709.68$ 1,795.16$ 1,884.92$ 1,979.17$ 2,078.12$ 2,182.02$ $44,451.68 $56,732.52 21.3710 27.2753 Wastewater Plant Operator I 31 1,709.68$ 1,795.16$ 1,884.92$ 1,979.17$ 2,078.12$ 2,182.02$ $44,451.68 $56,732.52 21.3710 27.2753 Sanitation Worker II 31 1,709.68$ 1,795.16$ 1,884.92$ 1,979.17$ 2,078.12$ 2,182.02$ $44,451.68 $56,732.52 21.3710 27.2753 Payroll/AP Specialist 32 1,752.41$ 1,840.03$ 1,932.03$ 2,028.64$ 2,130.07$ 2,236.57$ $45,562.66 $58,150.82 21.9051 27.9571 Executive Assistant I 33 1,796.22$ 1,886.03$ 1,980.33$ 2,079.35$ 2,183.32$ 2,292.48$ $46,701.72 $59,604.48 22.4528 28.6560 Billing and Collections Specialist II 34 1,841.13$ 1,933.18$ 2,029.84$ 2,131.33$ 2,237.90$ 2,349.79$ $47,869.38 $61,094.54 23.0141 29.3724 Water Operator II 34 1,841.13$ 1,933.18$ 2,029.84$ 2,131.33$ 2,237.90$ 2,349.79$ $47,869.38 $61,094.54 23.0141 29.3724 Police Service Technician 36 1,934.33$ 2,031.04$ 2,132.59$ 2,239.22$ 2,351.18$ 2,468.73$ $50,292.58 $64,186.98 24.1791 30.8591 Wastewater Plant Operator II 36 1,934.33$ 2,031.04$ 2,132.59$ 2,239.22$ 2,351.18$ 2,468.73$ $50,292.58 $64,186.98 24.1791 30.8591 Human Resources Analyst I 37 1,982.68$ 2,081.82$ 2,185.92$ 2,295.21$ 2,409.97$ 2,530.46$ $51,549.68 $65,791.96 24.7835 31.6308 Sanitation Supervisor 37 1,982.68$ 2,081.82$ 2,185.92$ 2,295.21$ 2,409.97$ 2,530.46$ $51,549.68 $65,791.96 24.7835 31.6308 Streets Supervisor 37 1,982.68$ 2,081.82$ 2,185.92$ 2,295.21$ 2,409.97$ 2,530.46$ $51,549.68 $65,791.96 24.7835 31.6308 Staff Accountant 38 2,032.25$ 2,133.86$ 2,240.56$ 2,352.58$ 2,470.22$ 2,593.73$ $52,838.50 $67,436.98 25.4031 32.4216 Water Operator III 38 2,032.25$ 2,133.86$ 2,240.56$ 2,352.58$ 2,470.22$ 2,593.73$ $52,838.50 $67,436.98 25.4031 32.4216 Building Inspector I 40 2,135.13$ 2,241.89$ 2,353.96$ 2,471.68$ 2,595.26$ 2,725.03$ $55,513.38 $70,850.78 26.6891 34.0629 Code Compliance Officer I 40 2,135.13$ 2,241.89$ 2,353.96$ 2,471.68$ 2,595.26$ 2,725.03$ $55,513.38 $70,850.78 26.6891 34.0629 Assistant Planner 41 2,188.50$ 2,297.93$ 2,412.83$ 2,533.47$ 2,660.14$ 2,793.15$ $56,901.00 $72,621.90 27.3563 34.9144 Code Compliance Officer II 43 2,299.31$ 2,414.27$ 2,534.98$ 2,661.74$ 2,794.82$ 2,934.57$ $59,782.06 $76,298.82 28.7414 36.6821 GIS Specialist 43 2,299.31$ 2,414.27$ 2,534.98$ 2,661.74$ 2,794.82$ 2,934.57$ $59,782.06 $76,298.82 28.7414 36.6821 Wastewater Plant Operator III 43 2,299.31$ 2,414.27$ 2,534.98$ 2,661.74$ 2,794.82$ 2,934.57$ $59,782.06 $76,298.82 28.7414 36.6821 Associate Planner 44 2,356.78$ 2,474.63$ 2,598.36$ 2,728.28$ 2,864.70$ 3,007.93$ $61,276.28 $78,206.18 29.4598 37.5991 Water Supervisor 44 2,356.78$ 2,474.63$ 2,598.36$ 2,728.28$ 2,864.70$ 3,007.93$ $61,276.28 $78,206.18 29.4598 37.5991 Wastewater Supervisor 44 2,356.78$ 2,474.63$ 2,598.36$ 2,728.28$ 2,864.70$ 3,007.93$ $61,276.28 $78,206.18 29.4598 37.5991 Accounting Supervisor 44 2,356.78$ 2,474.63$ 2,598.36$ 2,728.28$ 2,864.70$ 3,007.93$ $61,276.28 $78,206.18 29.4598 37.5991 Information Technology & Marketing Specialist 46 2,476.12$ 2,599.91$ 2,729.92$ 2,866.42$ 3,009.73$ 3,160.23$ $64,379.12 $82,165.98 30.9515 39.5029

HOURLY RATEANNUAL PAY

ANNUAL PAY HOURLY RATE

ELECTED OFFICIALS - MONTHLY

MINIMUM MAXIMUM
$180,250
$94,053.44
$104,573.69
$133,465.47 $162,347.25
$94,053.44 $120,038.66

CITY OF WASCO

POSITION & SALARY RANGE LIST
EFFECTIVE 07/01/2022 - 06/30/2023

DIRECTOR - ANNUAL
$104,573.69
$104,573.69
$94,053.44 $120,038.66
$120,038.66
$133,465.47
$133,465.47
$133,465.47
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California Public Employees’ Retirement System
P.O. Box 942715
Sacramento, CA 94229-2715
(888) CalPERS (or 888-225-7377)
TTY: (877) 249-7442
www.calpers.ca.gov

Circular Letter: 200-050-16
Distribution: IV, V, VI, X, XII, XVI

Circular Letter

November 4, 2016

TO: ALL CALPERS EMPLOYERS

SUBJECT: STATUTORY AND REGULATORY REQUIREMENTS FOR COMPENSATION

EARNABLE AND PUBLICLY AVAILABLE PAY SCHEDULES

Accurate Payroll reporting is crucial for providing accurate member benefits. The purpose of this letter is to remind employers of the requirements for compensation earnable and publicly available pay schedules.

Compensation Earnable
Only those pay amounts that meet the definition of compensation earnable are used when calculating retirement benefits. For more information about compensation earnable, please refer to the Public Employees’ Retirement Law (PERL) Government Code (GC) sections 20636 and 20636.1 which define compensation earnable for State, School, and Public Agency members. Compensation earnable is further clarified by California Code of Regulations (CCR) Section 570.5.

All employers must comply with the compensation earnable provisions and corresponding regulations of the PERL. Where employers fail to comply, pay amounts will be determined to not constitute payrate, and accordingly, CalPERS will be unable to use such pay amounts when calculating members’ retirement benefits.

Requirement for Publicly Available Pay Schedules
To meet the definition of compensation earnable, an amount of pay must either constitute payrate or special compensation as defined in the statutes. GC section 20636(d) further requires that payrate and special compensation schedules, ordinances, or similar documents are public records.

Employers must review their pay schedules to verify that all members’ pay amounts are included within a publicly available pay schedule.

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Circular Letter: 200-050-16
November 4, 2016

Page 2 ends

Compensation Earnable Government Codes
GC section 20636(b)(1) (applicable to Public Agency members) and 20636.1(b)(1) (applicable to School members) require pay amounts to be paid pursuant to publicly available pay schedules.

For example, GC section 20636 (b)(1) states:

“Payrate means the normal monthly rate of pay or base pay of the member paid in cash to similarly situated members of the same group or class of employment for services rendered on a full-time basis during normal working hours, pursuant to publicly available pay schedules. “Payrate,” for a member who is not in a group or class, means the monthly rate of pay or base pay of the member, paid in cash and pursuant to publicly available pay schedules, for services rendered on a full-time basis during normal working hours, subject to the limitations of paragraph (2) of subdivision (e).”

CCR 570.5 specifies the required elements necessary to meet the definition of a publicly available pay schedule as follows:

(a) For purposes of determining the amount of “compensation earnable” pursuant to GC sections 20630, 20636, and 20636.1, payrate shall be limited to the amount listed on a pay schedule that meets all of the following requirements:

(1) Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meetings laws;

(2) Identifies the position title for every employee position;

(3) Shows the payrate for each identified position, which may be stated as a single amount or as multiple amounts within a range;

(4) Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;

(5) Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer’s internet website;

(6) Indicates an effective date and date of any revisions;

(7) Is retained by the employer and available for public inspection for not less than five years; and

(8) Does not reference another document in lieu of disclosing the payrate.

All eight (8) requirements must be met in one salary schedule for each member’s pay, in order for CalPERS to approve the pay amount as payrate and reportable compensation earnable. 144 of 334
Circular Letter: 200-050-16
November 4, 2016

Page 3 ends

Publicly Available Pay Schedules Government Code
If an agency cannot provide a document meeting the requirements for a publicly available pay schedule, then CalPERS must determine that the pay amount fails to meet the definition of payrate. CCR 570.5 (b)(1)-(4) outlines the process by which CalPERS may determine a member’s payrate when there is no publicly available pay schedule provided.

CCR 570.5 (b) states:

(b) Whenever an employer fails to meet the requirements of subdivision (a) above, the Board, in its sole discretion, may determine an amount that will be considered to be payrate, taking into consideration all information it deems relevant including, but not limited to, the following:

(1) Documents approved by the employer’s governing body in accordance with requirements of public meetings laws and maintained by the employer;

(2) Last payrate listed on a pay schedule that conforms to the requirements of subdivision (a) with the same employer for the position at issue;

(3) Last payrate for the member that is listed on a pay schedule that conforms with the requirements of subdivision (a) with the same employer for a different position;

(4) Last payrate for the member in a position that was held by the member and that is listed on a pay schedule that conforms with the requirements of subdivision (a) of a former CalPERS employer.

For assistance or questions, please direct your inquiries to the CalPERS Customer Contact Center at 888 CalPERS (or 888-225-7377).

Renee Ostrander, Chief
Employer Account Management Division
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.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 7, 2023

SUBJECT: Accept all bids and Adopt a Resolution Authorizing The City Manager or designee to enter and execute an Agreement with the awarded Contractor Amerivet Contracting Incorporated for the interior demolition of the Sheriff’s Activity League (SAL) Building in the amount of $13,800 .00 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $10,000.

Recommendation:

Staff recommends the City Council:
1) Adopt a Resolution Authorizing t he City Manager or designee to Endorse and Enter into an Agreement with Amerivet Contracting Incorporated for the interior demolition of the Sheriff’s Activity League (SAL) Building in the amount of $13,800.00 and allowing the City Manager to execute Contract Change Orders in an amount not to exceed an aggregate of $10,000.

2) Find that this Project is Categorically Excluded per 24 CF$ 58.35(a), and subject to laws and authorities at 58.5: (3)(iii)(B) Rehabilitation of buildings and improvements of non-residential structures, including commercial, industria l and public buildings does not involve a change in land use, such as from non - residential to residential, commercial to industrial, or from one industrial use to another.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is categorically excluded per 24 CF$ 58.35(a), and subject to laws and authorities at 58.5: (3)(iii)(B) Rehabilitation of buildings and improvements of non -residential structures, including commercial, industrial and public buildings does not involve a change in land use, such as from non-residential to residential, commercial to industrial, or from one industrial use to another.

STAFF REPORT
City of Wasco

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Discussion:

On December 28, 2022 the City received an executed agreement from the Housing and Community Development Department (HCD) approving an amendment of funds totaling $511,964.00 to be utilized for the remodel of the Sheriff’s Activity League (SAL) Building.

This renovation project will consist of t wo phases. Phase 1 will be the demolition of the interior walls and insulation in order to allow Staff and potential bidders to see the current condition of the building. Phase 2 will be a design -build system where a contractor/designer combination is procured to complete the design and construction of the facility. The staff made the decision to combine these phases in order to meet the tight deadline requirements of the Project.

The purpose of this staff report is in regard to phase 1 of this project.

Staff reached out to four different Contractors to receive quotes for the demolition phase of work and only received responses from two as follows:

Contractor Cost

Amerivet Contracting $13,800.00

Crosswhite Construction $16,200.00

The staff has ensured that the procurement processes of the HCD were followed throughout this process. This particular procurement was performed under the small purchase procedures section of their procurement guidel ines. This is the applicable section due to the estimated cost being less than $250,000.00.

After reviewing the provided quotes , Staff has determined that Amerivet Contracting is the most cost-effective qualified contractor. As such, Staff recommends awarding phase 1 of the SAL Renovation Project to Amerivet Contracting.

Fiscal Impact:

The City has executed an agreement with HCD providing funds totaling $511,964.00. $66,555.00 of these funds are to be used for general administration costs , and the remaining $445,409.00 are to be used for facility improvements. Phase 1 costs of $13,800.00 will come out of the $445,409.00, leaving a remainder of $431,609.00.

Attachments:

1. Resolution

2. Bid

3. Categorical Exclusion

4. Agreement
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RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO ENTER AND EXECUTE AN AGREEMENT WITH AMERIVET CONTRACTING, INC.

WHEREAS, the City of Wasco wishes to contract with Amerivet Contracting, Inc. for the interior demolition of the Sheriff’s Activity League (SAL) Building in the amount of $13,800.00; and
WHEREAS, due to the nature of the proposed work, the City of Wasco wishes to authorize change orders and make quantity adjustmen ts to the contract in an amount not exceeding $10,000.00; and
WHEREAS, the services provided are described in the Agreement attached as Exhibit “A”; and
WHEREAS, said Agreement has been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and

WHEREAS, Amerivet Contracting, Inc. and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreement; and

WHEREAS, the Agreement shall be governed by and construed in accordance with the laws of the State of California; and

WHEREAS, Amerivet Contracting, Inc. agrees to comply with the State prevailing wage determinations in effect ten days prior to the bid opening of January 23, 2023.

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

SECTION 1: Authorizes the City Manager or designee to enter and execute an agreement with Amerivet Contracting Inc. for the interior demolition of the Sheriff’s Activity League (SAL) Building in the amount of $13,800.00.

SECTION 2: Authorizes the City Manager or designee to execute change orders and make quantity adjustments to the contract in an amount not exceeding $10,000.00.

-o0o-

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I HEREBY CERTIFY that the foregoing Resolution No. 2023 – was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2022, by the following vote:

COUNCIL MEMBERS: MARTINEZ, GARCIA, REYNA, SALDAÑA, MEDINA AYES:

NOES:

ABSTAIN:

ABSENT:

__________________________

VINCENT MARTINEZ,
MAYOR of the City of Wasco

Attest:

__________________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco

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1 AGREEMENT No. 2023 -

THIS AGREEMENT made this 7th day of February, 2023, by and between the CITY OF WASCO, hereinafter "City,” and Amerivet Contracting Inc., a California Corporation, hereinafter "Contractor,"

W I T N E S S E T H:

WHEREAS, City wishes to hire Contractor demolish and haul off drywall, insulation and carpet and such other services as more particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Services") under the terms and conditions described hereinafter and Contractor is agreeable thereto.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:

1. The parties incorporate the foregoing recitals as if fully set f orth herein verbatim.

2. Contractor hereby agrees to perform the Services under the terms and conditions described hereinafter.

3. Contractor shall perform the Services for a total price of not to exceed $13,800.00 (the "Total Price"). The Total Price shall be payable upon completion and acceptance of the Services by the City and after receipt of an invoice from Contractor which shall be subject to approval by the City Manager and the City Council.

4. Contractor shall complete the Services within thirty (20) working days after issuance of a Notice to Proceed by the City.

5. Contractor, at Contractor' s sole cost and expense, shall maintain throughout the term of this Agreement all worker' s compensation insurance where and in the amounts required by law and a comprehensive general public liability insurance policy from a company approved by City for protection against liability to the public arising as an incident of Contractor' s performance hereunder in amounts not less than $1 million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least ten (10) days notice prior to cancellation or reduction of coverage. In the event any such policy shall 158 of 334

2 lapse or be canceled, City may, at City 's sole discretion, terminate this Agreement without further notice to Contractor. Contractor shall provide City with a Certificate of Insurance verifying Contractor's compliance with the foregoing. This Agreement shall not be effective until City has received and approved same.

6. Contractor shall pay, and shall require subcontractors to pay, employees working for a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determination and wage standards for the State of California. In accordance with Section 1775 of California Labor Code, Contractor shall pay such penalties and incur such costs as described therein and as are more particularly determined by the Labor Commissioner, in the event of any violation of the foregoing requirement. In addition to the foregoing, Contractor and its subcontractors shall pay to persons employed in the performance of the Services no less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code. Copies of the prevailing rate of per diem wages are on file at City's principal office and are available for examination by any interested party on request, during normal business hours.

7. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or attempted performance of the provisions hereof and any act or omission to act on the part of Contractor or Contractor's employees, subcontractors, agents, or representatives.

8. In addition to any other method of termination described in this Agreement, City, in its sole and absolute discretion, may terminate this Agreement at any time upon ten (10) days written notice to Contractor. In the event of any such termination and except as otherwise described herein, Contractor shall be entitled to payment for Contractor's performance of its obligations hereunder to the date of termination subject to City's approval and acceptance of Contractor 's performance.

3 law or in equity.

9. Contractor's Services are utilized by City only for the purpose and to the extent set forth in this Agreement and Contractor 's relationship to City shall, during the term of this Agreement, be that of an independent contractor.

10. In the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor 's employees, subcontractors, agents, and representatives may encounter dangerous conditions on the premises where the Services are performed. Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, councilpersons, employees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor' s employees, s ubcontractors, agents, or representatives including any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by Contractor, or Contractor's officers, employees, , subcontractors, agents, or representatives. Contractor represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California which states as follows:

11. Contractor shall not assign any portion of this Agreement to any other person or entity.

12. If any portion of this Agreement shall be considered invalid by any court of competent jurisdiction, said invalid portion shall not affect the validity of the remainder of the agreement and the agreement shall continue in full force and effect as if the invalid portion had not been included therein.

13. Any notice required under this Agreement shall be effective immediately upon personal delivery of same in writing to the party to be noticed or upon deposit in the United States mail, first class, postage prepaid, addressed as 160 of 334

4 hereinafter described or when sent by facsimile transmission or when sent by electronic mail ("Email"). The following shall be used in providing the foregoing notices: City — City Manager, 746 8th Street, Wasco, California 93280, Fax — (661) 758-7239, Email: [email protected]; and Contractor —Drew Simpson, Amerivet Contracting, Inc., 1706 Hoover Ave. National City, CA. 91950, Phone — (858) 232-0809, Email – [email protected]. Any party may change its address or fax number by giving notice to the other party in the manner herein described.

16. This Agreement may only be amended by a writing executed by all parties.

19. This Agreement may be executed in counterparts. A facsimile or electronic version of this Agreement shall be as effective as the original for all purposes.

20. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

21. Subject to the restrictions on assignment in Paragraph 1 2, this Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.

22. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
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5 23. Time is of the essence with regard to each covenant, condition, and provision of this Agreement.

24. During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 162 of 334

6 (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

(6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

(7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

(8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.

The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

agency in the discharge of the agency's primary responsibility for securing compliance.

25. During the performance of this contract, the Contractor will comply with the Davis-Bacon Act as amended (40 U.S.C. 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”.

26. During the performance of this contract, the Contractor shall comply with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145) as supplemented by Department of Labor regulations (29 C.F.R. Part 3 “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”).
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7 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.

_________________________________
M. SCOTT HURLBERT, City Manager, City of
Wasco, California, "City "

Amerivet Contracting, Inc.
a California Corporation, " Contractor"

By: _____________________________
Drew Simpson, President

Attachments:
- “Exhibit A” Contractors proposed services
- FHWA 1273 “Required Contract Provisions Federal-Aid Construction Contracts”

EXHIBIT “A”

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8 FHWA-1273 -- Revised July 5, 2022
165 of 334

9 REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS
I. General
II. Nondiscrimination
III. Non-segregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety
Standards Act Provisions
VI. Subletting or Assigning the Contract VII.

Safety: Accident Prevention
VIII. False Statements Concerning Highway
Projects
IX. Implementation of Clean Air Act and
Federal Water Pollution Control Act
X. Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion
XI. Certification Regarding Use of Contract
Funds for Lobbying
XII. Use of United States-Flag Vessels:

ATTACHMENTS
A. Employment and Materials Preference for
Appalachian
Development Highway System or
Appalachian Local Access Road Contracts
(included in Appalachian contracts only)
I. GENERAL

1. Form FHWA-1273 must be physically
incorporated in each construction contract
funded under title 23, United States Code, as
required in 23 CFR 633.102(b) (excluding
emergency contracts solely intended for
debris removal). The contractor (or
subcontractor) must insert this form in each
subcontract and further require its inclusion in
all lower tier subcontracts (excluding
purchase orders, rental agreements and other
agreements for supplies or services). 23 CFR
633.102(e).

The applicable requirements of Form FHWA-
1273 are incorporated by reference for work
done under any purchase order, rental
agreement or agreement for other services.

The prime contractor shall be responsible for
compliance by any subcontractor, lower-tier
subcontractor or service provider. 23 CFR
633.102(e).

Form FHWA-1273 must be included in all
Federal-aid designbuild contracts, in all
subcontracts and in lower tier subcontracts
(excluding subcontracts for design services,
purchase orders, rental agreements and other
agreements for supplies or services) in
accordance with 23 CFR 633.102. The
design-builder shall be responsible for
compliance by any subcontractor, lower-tier
subcontractor or service provider.

Contracting agencies may reference Form
FHWA-1273 in solicitation-for-bids or
request-for-proposals documents, however,
the Form FHWA-1273 must be physically
incorporated (not referenced) in all contracts,
subcontracts and lower-tier subcontracts
(excluding purchase orders, rental agreements
and other agreements for supplies or services
related to a construction contract). 23 CFR
633.102(b).

2. Subject to the applicability criteria
noted in the following sections, these contract
provisions shall apply to all work performed
on the contract by the contractor's own
organization and with the assistance of
workers under the contractor's immediate
superintendence and to all work performed on
the contract by piecework, station work, or by
subcontract. 23 CFR 633.102(d).

3. A breach of any of the stipulations
contained in these Required Contract
Provisions may be sufficient grounds for
withholding of progress payments,
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10 withholding of final payment, termination of
the contract, suspension / debarment or any
other action determined to be appropriate by
the contracting agency and FHWA.

4. Selection of Labor: During the
performance of this contract, the contractor
shall not use convict labor for any purpose
within the limits of a construction project on a
Federal-aid highway unless it is labor
performed by convicts who are on parole,
supervised release, or probation. 23 U.S.C.
114(b). The term Federal-aid highway does
not include roadways functionally classified
as local roads or rural minor collectors. 23
U.S.C. 101(a).

II. NONDISCRIMINATION (23 CFR
230.107(a); 23 CFR Part 230, Subpart A,
Appendix A; EO 11246)
The provisions of this section related to 23
CFR Part 230, Subpart A, Appendix A are
applicable to all Federal-aid construction
contracts and to all related construction
subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not
applicable to material supply, engineering, or
architectural service contracts.

In addition, the contractor and all
subcontractors must comply with the
following policies: Executive Order 11246,
41 CFR Part 60, 29 CFR Parts 1625-1627, 23
U.S.C. 140, Section 504 of the Rehabilitation
Act of 1973, as amended (29 U.S.C. 794),
Title VI of the Civil Rights Act of 1964, as
amended (42 U.S.C. 2000d et seq.), and
related regulations including 49 CFR Parts 21,
26, and 27; and 23 CFR Parts 200, 230, and
633.

The contractor and all subcontractors must
comply with: the requirements of the Equal
Opportunity Clause in 41 CFR 601.4(b) and,
for all construction contracts exceeding
$10,000, the Standard Federal Equal
Employment Opportunity Construction
Contract Specifications in 41 CFR 60-4.3.

Note: The U.S. Department of Labor has
exclusive authority to determine compliance
with Executive Order 11246 and the policies
of the Secretary of Labor including 41 CFR
Part 60, and 29 CFR Parts 1625-1627. The
contracting agency and the FHWA have the
authority and the responsibility to ensure
compliance with 23 U.S.C. 140, Section 504
of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 794), and Title VI of the Civil
Rights Act of 1964, as amended (42 U.S.C.
2000d et seq.), and related regulations
including 49 CFR Parts 21, 26, and 27; and 23
CFR Parts 200, 230, and 633.

The following provision is adopted from 23
CFR Part 230, Subpart A, Appendix A, with
appropriate revisions to conform to the U.S.

Department of Labor (US DOL) and FHWA
requirements.

1. Equal Employment Opportunity:

Equal Employment Opportunity (EEO)
requirements not to discriminate and to take
affirmative action to assure equal opportunity
as set forth under laws, executive orders,
rules, regulations (see 28 CFR Part 35, 29
CFR Part 1630, 29 CFR Parts 1625-1627, 41
CFR
Part 60 and 49 CFR Part 27) and orders of the
Secretary of Labor as modified by the
provisions prescribed herein, and imposed
pursuant to 23 U.S.C. 140, shall constitute the
EEO and specific affirmative action standards
for the contractor's project activities under
this contract. The provisions of the Americans
with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.) set forth under 28 CFR Part 35
and 29 CFR Part 1630 are incorporated by
reference in this contract. In the execution of
this contract, the contractor agrees to comply
with the following minimum specific
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11 requirement activities of EEO:

a. The contractor will work with the
contracting agency and
the Federal Government to ensure that it has
made every good faith effort to provide equal
opportunity with respect to all of its terms and
conditions of employment and in their review
of activities under the contract. 23 CFR
230.409 (g)(4) & (5).

b. The contractor will accept as its operating
policy the following statement:

"It is the policy of this Company to assure
that applicants are employed, and that
employees are treated during employment,
without regard to their race, religion, sex,
sexual orientation, gender identity, color,
national origin, age or disability. Such
action shall include: employment,
upgrading, demotion, or transfer;
recruitment or recruitment advertising;
layoff or termination; rates of pay or other
forms of compensation; and selection for
training, including apprenticeship, pre-
apprenticeship, and/or on-the-job
training."

2. EEO Officer: The contractor will
designate and make known to the contracting
officers an EEO Officer who will have the
responsibility for and must be capable of
effectively administering and promoting an
active EEO program and who must be
assigned adequate authority and responsibility
to do so.

3. Dissemination of Policy: All
members of the contractor's staff who are
authorized to hire, supervise, promote, and
discharge employees, or who recommend
such action or are substantially involved in
such action, will be made fully cognizant of
and will implement the contractor's EEO
policy and contractual responsibilities to
provide EEO in each grade and classification
of employment. To ensure that the above
agreement will be met, the following actions
will be taken as a minimum:

a. Periodic meetings of supervisory and
personnel office
employees will be conducted before the start
of work and then not less often than once
every six months, at which time the
contractor's EEO policy and its
implementation will be reviewed and
explained. The meetings will be conducted
by the EEO Officer or other knowledgeable
company official.

b. All new supervisory or personnel office
employees will be
given a thorough indoctrination by the EEO
Officer, covering all major aspects of the
contractor's EEO obligations within thirty
days following their reporting for duty with
the contractor.

c. All personnel who are engaged in direct
recruitment for
the project will be instructed by the EEO
Officer in the contractor's procedures for
locating and hiring minorities and women.

d. Notices and posters setting forth the
contractor's EEO
policy will be placed in areas readily
accessible to employees, applicants for
employment and potential employees.

e. The contractor's EEO policy and the
procedures to
implement such policy will be brought to the
attention of employees by means of meetings,
employee handbooks, or other appropriate
means.
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12 4. Recruitment: When advertising for
employees, the contractor will include in all
advertisements for employees the notation:
"An Equal Opportunity Employer." All such
advertisements will be placed in publications
having a large circulation among minorities
and women in the area from which the project
work force would normally be derived.

a. The contractor will, unless precluded by a
valid
bargaining agreement, conduct systematic and
direct recruitment through public and private
employee referral sources likely to yield
qualified minorities and women. To meet this
requirement, the contractor will identify
sources of potential minority group
employees and establish with such identified
sources procedures whereby minority and
women applicants may be referred to the
contractor for employment consideration.

b. In the event the contractor has a valid
bargaining
agreement providing for exclusive hiring hall
referrals, the contractor is expected to observe
the provisions of that agreement to the extent
that the system meets the contractor's
compliance with EEO contract provisions.

Where implementation of such an agreement
has the effect of discriminating against
minorities or women, or obligates the
contractor to do the same, such
implementation violates Federal
nondiscrimination provisions.

c. The contractor will encourage its present
employees to
refer minorities and women as applicants for
employment. Information and procedures
with regard to referring such applicants will
be discussed with employees.

5. Personnel Actions: Wages, working
conditions, and employee benefits shall be
established and administered, and personnel
actions of every type, including hiring,
upgrading, promotion, transfer, demotion,
layoff, and termination, shall be taken without
regard to race, color, religion, sex, sexual
orientation, gender identity, national origin,
age or disability.

The following procedures shall be followed:

a. The contractor will conduct periodic
inspections of project
sites to ensure that working conditions and
employee facilities do not indicate
discriminatory treatment of project site
personnel.

b. The contractor will periodically evaluate
the spread of
wages paid within each classification to
determine any evidence of discriminatory
wage practices.

c. The contractor will periodically review
selected personnel
actions in depth to determine whether there is
evidence of discrimination. Where evidence
is found, the contractor will promptly take
corrective action. If the review indicates that
the discrimination may extend beyond the
actions reviewed, such corrective action shall
include all affected persons.

d. The contractor will promptly investigate
all complaints of
alleged discrimination made to the contractor
in connection with its obligations under this
contract, will attempt to resolve such
complaints, and will take appropriate
corrective action within a reasonable time. If
the investigation indicates that the
discrimination may affect persons other than
the complainant, such corrective action shall
include such other persons. Upon completion
of each investigation, the contractor will
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13 inform every complainant of all of their
avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating,
qualifying, and
increasing the skills of minorities and women
who are applicants for employment or current
employees. Such efforts should be aimed at
developing full journey level status
employees in the type of trade or job
classification involved.

b. Consistent with the contractor's work
force requirements
and as permissible under Federal and State
regulations, the contractor shall make full use
of training programs (i.e., apprenticeship and
on-the-job training programs for the
geographical area of contract performance).

In the event a special provision for training is
provided under this contract, this
subparagraph will be superseded as indicated
in the special provision. The contracting
agency may reserve training positions for
persons who receive welfare assistance in
accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and
applicants for
employment of available training programs
and entrance requirements for each.

d. The contractor will periodically review
the training and
promotion potential of employees who are
minorities and women and will encourage
eligible employees to apply for such training
and promotion.

7. Unions: If the contractor relies in whole
or in part upon unions as a source of
employees, the contractor will use good faith
efforts to obtain the cooperation of such
unions to increase opportunities for minorities
and women. 23 CFR 230.409. Actions by
the contractor, either directly or through a
contractor's association acting as agent, will
include the procedures set forth below:

a. The contractor will use good faith
efforts to develop, in
cooperation with the unions, joint training
programs aimed toward qualifying more
minorities and women for membership in the
unions and increasing the skills of minorities
and women so that they may qualify for
higher paying employment.

b. The contractor will use good faith
efforts to incorporate an EEO clause into
each union agreement to the end that such
union will be contractually bound to refer
applicants without regard to their race,
color, religion, sex, sexual orientation,
gender identity, national origin, age, or
disability.

c. The contractor is to obtain information
as to the referral
practices and policies of the labor union
except that to the extent such information is
within the exclusive possession of the labor
union and such labor union refuses to furnish
such information to the contractor, the
contractor shall so certify to the contracting
agency and shall set forth what efforts have
been made to obtain such information.

d. In the event the union is unable to
provide the contractor
with a reasonable flow of referrals within the
time limit set forth in the collective
bargaining agreement, the contractor will,
through independent recruitment efforts, fill
the employment vacancies without regard to
race, color, religion, sex, sexual orientation,
gender identity, national origin, age, or
disability; making full efforts to obtain
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14 qualified and/or qualifiable minorities and
women. The failure of a union to provide
sufficient referrals (even though it is obligated
to provide exclusive referrals under the terms
of a collective bargaining agreement) does not
relieve the contractor from the requirements
of this paragraph. In the event the union
referral practice prevents the contractor from
meeting the obligations pursuant to Executive
Order 11246, as amended, and these special
provisions, such contractor shall immediately
notify the contracting agency.

8. Reasonable Accommodation for
Applicants / Employees with
Disabilities: The contractor must be
familiar with the requirements for and comply
with the Americans with Disabilities Act and
all rules and regulations established
thereunder. Employers must provide
reasonable accommodation in all employment
activities unless to do so would cause an
undue hardship.

9. Selection of Subcontractors,
Procurement of Materials and Leasing
of Equipment: The contractor shall not
discriminate on the grounds of race, color,
religion, sex, sexual orientation, gender
identity, national origin, age, or disability in
the selection and retention of subcontractors,
including procurement of materials and leases
of equipment. The contractor shall take all
necessary and reasonable steps to ensure
nondiscrimination in the administration of
this contract.

a. The contractor shall notify all potential
subcontractors,
suppliers, and lessors of their EEO obligations
under this contract.

b. The contractor will use good faith efforts
to ensure
subcontractor compliance with their EEO
obligations.

10. Assurances Required:

a. The requirements of 49 CFR Part 26
and the State DOT’s FHWA-approved
Disadvantaged Business Enterprise (DBE)
program are incorporated by reference.

b. The contractor, subrecipient or
subcontractor shall not
discriminate on the basis of race, color,
national origin, or sex in the performance of
this contract. The contractor shall carry out
applicable requirements of 49 CFR part 26 in
the award and administration of DOT-assisted
contracts. Failure by the contractor to carry
out these requirements is a material breach of
this contract, which may result in the
termination of this contract or such other
remedy as the recipient deems appropriate,
which may include, but is not limited to:
(1) Withholding monthly progress
payments;
(2) Assessing sanctions;
(3) Liquidated damages; and/or
(4) Disqualifying the contractor from
future bidding as nonresponsible.
c. The Title VI and nondiscrimination
provisions of U.S. DOT Order 1050.2A at
Appendixes A and E are incorporated by
reference. 49 CFR Part 21.

11. Records and Reports: The contractor
shall keep such records as necessary to
document compliance with the EEO
requirements. Such records shall be retained
for a period of three years following the date
of the final payment to the contractor for all
contract work and shall be available at
reasonable times and places for inspection by
authorized representatives of the contracting
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15 agency and the FHWA.

a. The records kept by the contractor shall
document the
following:

(1) The number and work hours of
minority and nonminority group members
and women employed in each work
classification on the project;

(2) The progress and efforts being made
in cooperation with unions, when applicable,
to increase employment
opportunities for minorities and women; and

(3) The progress and efforts being made
in locating, hiring, training, qualifying, and
upgrading minorities and women.

b. The contractors and subcontractors will
submit an annual
report to the contracting agency each July for
the duration of the project indicating the
number of minority, women, and nonminority
group employees currently engaged in each
work classification required by the contract
work. This information is to be reported on
Form FHWA-1391. The staffing data should
represent the project work force on board in
all or any part of the last payroll period
preceding the end of July. If on-the-job
training is being required by special
provision, the contractor will be required to
collect and report training data. The
employment data should reflect the work
force on board during all or any part of the
last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid
construction contracts and to all related
construction subcontracts of more than
$10,000. 41 CFR 60-1.5.

As prescribed by 41 CFR 60-1.8, the
contractor must ensure that facilities provided
for employees are provided in such a manner
that segregation on the basis of race, color,
religion, sex, sexual orientation, gender
identity, or national origin cannot result. The
contractor may neither require such
segregated use by written or oral policies nor
tolerate such use by employee custom. The
contractor's obligation extends further to
ensure that its employees are not assigned to
perform their services at any location under
the contractor's control where the facilities are
segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and
other eating areas, time clocks, restrooms,
washrooms, locker rooms and other storage or
dressing areas, parking lots, drinking
fountains, recreation or entertainment areas,
transportation, and housing provided for
employees. The contractor shall provide
separate or single-user restrooms and
necessary dressing or sleeping areas to assure
privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT

PROVISIONS
This section is applicable to all Federal-aid
construction projects exceeding $2,000 and to
all related subcontracts and lower-tier
subcontracts (regardless of subcontract size),
in accordance with 29 CFR 5.5. The
requirements apply to all projects located
within the right-of-way of a roadway that is
functionally classified as Federal-aid
highway. 23 U.S.C. 113. This excludes
roadways functionally classified as local
roads or rural minor collectors, which are
exempt. 23 U.S.C. 101. Where applicable
law requires that projects be treated as a
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16 project on a Federal-aid highway, the
provisions of this subpart will apply
regardless of the location of the project.

Examples include: Surface Transportation
Block Grant Program projects funded under
23 U.S.C. 133 [excluding recreational trails
projects], the Nationally Significant Freight
and Highway Projects funded under 23 U.S.C.
117, and National Highway Freight Program
projects funded under 23 U.S.C. 167.

The following provisions are from the U.S.

Department of Labor regulations in 29 CFR

5.5 “Contract provisions and related matters”
with minor revisions to conform to the
FHWA1273 format and FHWA program
requirements.

1. Minimum wages (29 CFR 5.5)
a. All laborers and mechanics employed or
working upon
the site of the work, will be paid
unconditionally and not less often than once a
week, and without subsequent deduction or
rebate on any account (except such payroll
deductions as are permitted by regulations
issued by the Secretary of Labor under the
Copeland Act (29 CFR part 3)), the full
amount of wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of
payment computed at rates not less than those
contained in the wage determination of the
Secretary of Labor which is attached hereto
and made a part hereof, regardless of any
contractual relationship which may be alleged
to exist between the contractor and such
laborers and mechanics.

Contributions made or costs reasonably
anticipated for bona fide fringe benefits under
section 1(b)(2) of the Davis-Bacon Act on
behalf of laborers or mechanics are
considered wages paid to such laborers or
mechanics, subject to the provisions of
paragraph 1.d. of this section; also, regular
contributions made or costs incurred for more
than a weekly period (but not less often than
quarterly) under plans, funds, or programs
which cover the particular weekly period, are
deemed to be constructively made or incurred
during such weekly period. Such laborers and
mechanics shall be paid the appropriate wage
rate and fringe benefits on the wage
determination for the classification of work
actually performed, without regard to skill,
except as provided in 29 CFR 5.5(a)(4).

Laborers or mechanics performing work in
more than one classification may be
compensated at the rate specified for each
classification for the time actually worked
therein: Provided, That the employer's payroll
records accurately set forth the time spent in
each classification in which work is
performed. The wage determination
(including any additional classification and
wage rates conformed under paragraph 1.b. of
this section) and the Davis-Bacon poster
(WH–1321) shall be posted at all times by the
contractor and its subcontractors at the site of
the work in a prominent and accessible place
where it can be easily seen by the workers.
b. (1) The contracting officer shall require
that any class of
laborers or mechanics, including helpers,
which is not listed in the wage determination
and which is to be employed under the
contract shall be classified in conformance
with the wage determination. The contracting
officer shall approve an additional
classification and wage rate and fringe
benefits therefore only when the following
criteria have been met:
(i) The work to be performed by the
classification requested is not performed
by a classification in the wage
determination; and
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17 (ii) The classification is utilized in the
area by the construction industry; and
(iii) The proposed wage rate, including any
bona fide fringe benefits, bears a
reasonable relationship to the wage rates
contained in the wage determination.
(2) If the contractor and the laborers and
mechanics to be employed in the
classification (if known), or their
representatives, and the contracting officer
agree on the classification and wage rate
(including the amount designated for fringe
benefits where appropriate), a report of the
action taken shall be sent by the contracting
officer to the Administrator of the Wage and
Hour Division, U.S.

Department of Labor, Washington, DC
20210. The Administrator, or an authorized
representative, will approve, modify, or
disapprove every additional classification
action within 30 days of receipt and so
advise the contracting officer or will notify
the contracting officer within the 30-day
period that additional time is necessary.
(3) In the event the contractor, the
laborers or mechanics to be employed in the
classification or their representatives, and
the contracting officer do not agree on the
proposed classification and wage rate
(including the amount designated for fringe
benefits, where appropriate), the contracting
officer shall refer the questions, including
the views of all interested parties and the
recommendation of the contracting officer,
to the Administrator for determination. The
Administrator, or an authorized
representative, will issue a determination
within 30 days of receipt and so advise the
contracting officer or will notify the
contracting officer within the 30-day period
that additional time is necessary.
(4) The wage rate (including fringe
benefits where appropriate) determined
pursuant to paragraphs 1.b.(2) or 1.b.(3) of
this section, shall be paid to all workers
performing work in the classification under
this contract from the first day on which
work is performed in the classification.
c. Whenever the minimum wage rate
prescribed in the
contract for a class of laborers or mechanics
includes a fringe benefit which is not
expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the
wage determination or shall pay another bona
fide fringe benefit or an hourly cash
equivalent thereof.
d. If the contractor does not make
payments to a trustee or other third person,
the contractor may consider as part of the
wages of any laborer or mechanic the amount
of any costs reasonably anticipated in
providing bona fide fringe benefits under a
plan or program, Provided, That the
Secretary of Labor has found, upon the
written request of the contractor, that the
applicable standards of the Davis-Bacon Act
have been met. The Secretary of Labor may
require the contractor to set aside in a
separate account assets for the meeting of
obligations under the plan or program.

2. Withholding (29 CFR 5.5)
The contracting agency shall upon its own
action or upon written request of an
authorized representative of the Department
of Labor, withhold or cause to be withheld
from the contractor under this contract, or any
other Federal contract with the same prime
contractor, or any other federallyassisted
contract subject to Davis-Bacon prevailing
wage requirements, which is held by the same
prime contractor, so much of the accrued
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18 payments or advances as may be considered
necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers,
employed by the contractor or any
subcontractor the full amount of wages
required by the contract. In the event of
failure to pay any laborer or mechanic,
including any apprentice, trainee, or helper,
employed or working on the site of the work,
all or part of the wages required by the
contract, the contracting agency may, after
written notice to the contractor, take such
action as may be necessary to cause the
suspension of any further payment, advance,
or guarantee of funds until such violations
have ceased.

3. Payrolls and basic records (29 CFR

5.5)
a. Payrolls and basic records relating thereto
shall be
maintained by the contractor during the
course of the work and preserved for a period
of three years thereafter for all laborers and
mechanics working at the site of the work.

Such records shall contain the name, address,
and social security number of each such
worker, his or her correct classification,
hourly rates of wages paid (including rates of
contributions or costs anticipated for bona
fide fringe benefits or cash equivalents thereof
of the types described in section 1(b)(2)(B) of
the Davis-Bacon Act), daily and weekly
number of hours worked, deductions made
and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR

5.5(a)(1)(iv) that the wages of any laborer or
mechanic include the amount of any costs
reasonably anticipated in providing benefits
under a plan or program described in section
1(b)(2)(B) of the DavisBacon Act, the
contractor shall maintain records which show
that the commitment to provide such benefits
is enforceable, that the plan or program is
financially responsible, and that the plan or
program has been communicated in writing to
the laborers or mechanics affected, and
records which show the costs anticipated or
the actual cost incurred in providing such
benefits. Contractors employing apprentices
or trainees under approved programs shall
maintain written evidence of the registration
of apprenticeship programs and certification
of trainee programs, the registration of the
apprentices and trainees, and the ratios and
wage rates prescribed in the applicable
programs.
b. (1) The contractor shall submit weekly for
each week in
which any contract work is performed a copy
of all payrolls to the contracting agency. The
payrolls submitted shall set out accurately and
completely all of the information required to
be maintained under 29 CFR 5.5(a)(3)(i),
except that full social security numbers and
home addresses shall not be included on
weekly transmittals. Instead the payrolls shall
only need to include an individually
identifying number for each employee (e.g.,
the last four digits of the employee's social
security number). The required weekly
payroll information may be submitted in any
form desired. Optional Form WH–347 is
available for this purpose from the Wage and
Hour Division Web site. The prime contractor
is responsible for the submission of copies of
payrolls by all subcontractors. Contractors
and subcontractors shall maintain the full
social security number and current address of
each covered worker, and shall provide them
upon request to the contracting agency for
transmission to the State DOT, the FHWA or
the Wage and Hour Division of the
Department of Labor for purposes of an
investigation or audit of compliance with
prevailing wage requirements. It is not a
violation of this section for a prime contractor
to require a subcontractor to provide
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19 addresses and social security numbers to the
prime contractor for its own records, without
weekly submission to the contracting agency.
(2) Each payroll submitted shall be
accompanied by a
“Statement of Compliance,” signed by the
contractor or subcontractor or his or her agent
who pays or supervises the payment of the
persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period
contains the information required to be
provided under 29 CFR 5.5(a)(3)(ii), the
appropriate information is being
maintained under 29 CFR 5.5(a)(3)(i), and
that such information is correct and
complete;
(ii) That each laborer or mechanic
(including each helper, apprentice, and
trainee) employed on the contract during
the payroll period has been paid the full
weekly wages earned, without rebate,
either directly or indirectly, and that no
deductions have been made either directly
or indirectly from the full wages earned,
other than permissible deductions as set
forth in 29 CFR part 3;
(iii) That each laborer or mechanic has
been paid not less than the applicable wage
rates and fringe benefits or cash
equivalents for the classification of work
performed, as specified in the applicable
wage determination incorporated into the
contract.
(3) The weekly submission of a properly
executed certification set forth on the
reverse side of Optional Form WH–347
shall satisfy the requirement for submission
of the “Statement of Compliance” required
by paragraph 3.b.(2) of this section.
(4) The falsification of any of the above
certifications may subject the contractor or
subcontractor to civil or criminal
prosecution under 18 U.S.C. 1001 and 31
U.S.C. 231.
c. The contractor or subcontractor shall
make the records
required under paragraph 3.a. of this section
available for inspection, copying, or
transcription by authorized representatives of
the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall
permit such representatives to interview
employees during working hours on the job.

If the contractor or subcontractor fails to
submit the required records or to make them
available, the FHWA may, after written notice
to the contractor, the contracting agency or
the State DOT, take such action as may be
necessary to cause the suspension of any
further payment, advance, or guarantee of
funds. Furthermore, failure to submit the
required records upon request or to make such
records available may be grounds for
debarment action pursuant to 29 CFR 5.12.

4. Apprentices and trainees (29 CFR

5.5)
a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less
than the predetermined rate for the work they
performed when they are employed pursuant
to and individually registered in a bona fide
apprenticeship program registered with the
U.S. Department of Labor, Employment and
Training Administration, Office of
Apprenticeship Training, Employer and Labor
Services, or with a State Apprenticeship
Agency recognized by the Office, or if a
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20 person is employed in his or her first 90 days
of probationary employment as an apprentice
in such an apprenticeship program, who is not
individually registered in the program, but
who has been certified by the Office of
Apprenticeship
Training, Employer and Labor Services or a
State Apprenticeship Agency (where
appropriate) to be eligible for probationary
employment as an apprentice.

The allowable ratio of apprentices to
journeymen on the job site in any craft
classification shall not be greater than the
ratio permitted to the contractor as to the
entire work force under the registered
program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or
otherwise employed as stated above, shall be
paid not less than the applicable wage rate on
the wage determination for the classification
of work actually performed. In addition, any
apprentice performing work on the job site in
excess of the ratio permitted under the
registered program shall be paid not less than
the applicable wage rate on the wage
determination for the work actually
performed. Where a contractor is performing
construction on a project in a locality other
than that in which its program is registered,
the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate)
specified in the contractor's or subcontractor's
registered program shall be observed.

Every apprentice must be paid at not less than
the rate specified in the registered program for
the apprentice's level of progress, expressed
as a percentage of the journeymen hourly rate
specified in the applicable wage
determination. Apprentices shall be paid
fringe benefits in accordance with the
provisions of the apprenticeship program. If
the apprenticeship program does not specify
fringe benefits, apprentices must be paid the
full amount of fringe benefits listed on the
wage determination for the applicable
classification. If the Administrator determines
that a different practice prevails for the
applicable apprentice classification, fringes
shall be paid in accordance with that
determination.

In the event the Office of Apprenticeship
Training, Employer and Labor Services, or a
State Apprenticeship Agency recognized by
the Office, withdraws approval of an
apprenticeship program, the contractor will no
longer be permitted to utilize apprentices at
less than the applicable predetermined rate for
the work performed until an acceptable
program is approved.
b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees
will not be permitted to work at less than the
predetermined rate for the work performed
unless they are employed pursuant to and
individually registered in a program which
has received prior approval, evidenced by
formal certification by the U.S. Department of
Labor, Employment and Training
Administration.

The ratio of trainees to journeymen on the job
site shall not be greater than permitted under
the plan approved by the Employment and
Training Administration.

Every trainee must be paid at not less than the
rate specified in the approved program for the
trainee's level of progress, expressed as a
percentage of the journeyman hourly rate
specified in the applicable wage
determination. Trainees shall be paid fringe
benefits in accordance with the provisions of
the trainee program. If the trainee program
does not mention fringe benefits, trainees
shall be paid the full amount of fringe benefits
listed on the wage determination unless the
Administrator of the Wage and Hour Division
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21 determines that there is an apprenticeship
program associated with the corresponding
journeyman wage rate on the wage
determination which provides for less than
full fringe benefits for apprentices. Any
employee listed on the payroll at a trainee rate
who is not registered and participating in a
training plan approved by the Employment
and Training Administration shall be paid not
less than the applicable wage rate on the wage
determination for the classification of work
actually performed. In addition, any trainee
performing work on the job site in excess of
the ratio permitted under the registered
program shall be paid not less than the
applicable wage rate on the wage
determination for the work actually
performed.

In the event the Employment and Training
Administration withdraws approval of a
training program, the contractor will no
longer be permitted to utilize trainees at less
than the applicable predetermined rate for the
work performed until an acceptable program
is approved.
c. Equal employment opportunity. The
utilization of
apprentices, trainees and journeymen under
this part shall be in conformity with the equal
employment opportunity requirements of
Executive Order 11246, as amended, and 29
CFR part 30.
d. Apprentices and Trainees (programs of
the U.S. DOT).

Apprentices and trainees working under
apprenticeship and skill training programs
which have been certified by the Secretary of
Transportation as promoting EEO in
connection with Federal-aid highway
construction programs are not subject to the
requirements of paragraph 4 of this Section
IV. 23 CFR 230.111(e)(2). The straight time
hourly wage rates for apprentices and trainees
under such programs will be established by
the particular programs. The ratio of
apprentices and trainees to journeymen shall
not be greater than permitted by the terms of
the particular program.

5. Compliance with Copeland Act
requirements. The contractor shall
comply with the requirements of 29 CFR
part 3, which are incorporated by reference
in this contract as provided in 29 CFR 5.5.

6. Subcontracts. The contractor or
subcontractor shall insert Form FHWA-
1273 in any subcontracts and also require
the subcontractors to include Form FHWA-
1273 in any lower tier subcontracts. The
prime contractor shall be responsible for
the compliance by any subcontractor or
lower tier subcontractor with all the
contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A
breach of the contract clauses in 29 CFR

5.5 may be grounds for termination of the
contract, and for debarment as a contractor
and a subcontractor as provided in 29 CFR

5.12. 8. Compliance with Davis-Bacon and
Related Act requirements. All rulings
and interpretations of the DavisBacon and
Related Acts contained in 29 CFR parts 1,
3, and 5 are herein incorporated by
reference in this contract as provided in 29
CFR 5.5.

9. Disputes concerning labor
standards. As provided in 29 CFR 5.5,
disputes arising out of the labor standards
provisions of this contract shall not be
subject to the general disputes clause of
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22 this contract. Such disputes shall be
resolved in accordance with the procedures
of the Department of Labor set forth in 29
CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes
between the contractor
(or any of its subcontractors) and the
contracting agency, the U.S. Department of
Labor, or the employees or their
representatives.

10. Certification of eligibility (29 CFR 5.5)
a. By entering into this contract, the
contractor certifies that neither it (nor he or
she) nor any person or firm who has an
interest in the contractor's firm is a person or
firm ineligible to be awarded Government
contracts by virtue of section 3(a) of the
Davis-Bacon Act or 29 CFR 5.12(a)(1).
b. No part of this contract shall be
subcontracted to any person or firm ineligible
for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1).
c. The penalty for making false
statements is prescribed in the U.S. Criminal
Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND

SAFETY STANDARDS
ACT
Pursuant to 29 CFR 5.5(b), the following
clauses apply to any
Federal-aid construction contract in an
amount in excess of
$100,000 and subject to the overtime
provisions of the Contract Work Hours and
Safety Standards Act. These clauses shall be
inserted in addition to the clauses required by
29 CFR 5.5(a) or 29 CFR 4.6. As used in this
paragraph, the terms laborers and mechanics
include watchmen and guards.

1. Overtime requirements. No
contractor or subcontractor contracting for
any part of the contract work which may
require or involve the employment of laborers
or mechanics shall require or permit any such
laborer or mechanic in any workweek in
which he or she is employed on such work to
work in excess of forty hours in such
workweek unless such laborer or mechanic
receives compensation at a rate not less than
one and one-half times the basic rate of pay
for all hours worked in excess of forty hours
in such workweek. 29 CFR 5.5.

2. Violation; liability for unpaid
wages; liquidated damages. In the event
of any violation of the clause set forth in
paragraph 1 of this section, the contractor and
any subcontractor responsible therefor shall
be liable for the unpaid wages. In addition,
such contractor and subcontractor shall be
liable to the United States (in the case of work
done under contract for the District of
Columbia or a territory, to such District or to
such territory), for liquidated damages. Such
liquidated damages shall be computed with
respect to each individual laborer or
mechanic, including watchmen and guards,
employed in violation of the clause set forth
in paragraph 1 of this section, in the sum
currently provided in 29 CFR 5.5(b)(2)* for
each calendar day on which such individual
was required or permitted to work in excess
of the standard workweek of forty hours
without payment of the overtime wages
required by the clause set forth in paragraph 1
of this section. 29 CFR 5.5.
* $27 as of January 23, 2019 (See 84 FR 213-
01, 218) as may be adjusted annually by the
Department of Labor; pursuant to the Federal
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23 Civil Penalties Inflation Adjustment Act of
1990).

3. Withholding for unpaid wages
and liquidated damages. The FHWA or
the contacting agency shall upon its own
action or upon written request of an
authorized representative of the Department
of Labor withhold or cause to be withheld,
from any moneys payable on account of work
performed by the contractor or subcontractor
under any such contract or any other Federal
contract with the same prime contractor, or
any other federally-assisted contract subject
to the Contract Work Hours and Safety
Standards Act, which is held by the same
prime contractor, such sums as may be
determined to be necessary to satisfy any
liabilities of such contractor or subcontractor
for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 2
of this section. 29 CFR 5.5.

4. Subcontracts. The contractor or
subcontractor shall insert in any subcontracts
the clauses set forth in paragraphs 1 through 4
of this section and also a clause requiring the
subcontractors to include these clauses in any
lower tier subcontracts. The prime contractor
shall be responsible for compliance by any
subcontractor or lower tier subcontractor with
the clauses set forth in paragraphs 1 through 4
of this section. 29 CFR 5.5.

VI. SUBLETTING OR ASSIGNING THE

CONTRACT

This provision is applicable to all Federal-aid
construction contracts on the National
Highway System pursuant to 23 CFR
635.116.

1. The contractor shall perform with its own
organization contract work amounting to not
less than 30 percent (or a greater percentage if
specified elsewhere in the contract) of the
total original contract price, excluding any
specialty items designated by the contracting
agency. Specialty items may be performed by
subcontract and the amount of any such
specialty items performed may be deducted
from the total original contract price before
computing the amount of work required to be
performed by the contractor's own
organization (23 CFR 635.116).

a. The term “perform work with its own
organization” in
paragraph 1 of Section VI refers to workers
employed or leased by the prime contractor,
and equipment owned or rented by the prime
contractor, with or without operators. Such
term does not include employees or
equipment of a subcontractor or lower tier
subcontractor, agents of the prime contractor,
or any other assignees. The term may include
payments for the costs of hiring leased
employees from an employee leasing firm
meeting all relevant Federal and State
regulatory requirements. Leased employees
may only be included in this term if the prime
contractor meets all of the
following conditions: (based on longstanding
interpretation)

(1) the prime contractor maintains control
over the supervision of the day-to-day
activities of the leased employees;
(2) the prime contractor remains
responsible for the quality of the work of the
leased employees;
(3) the prime contractor retains all power
to accept or exclude individual employees
from work on the project; and
(4) the prime contractor remains
ultimately responsible for the payment of
predetermined minimum wages, the
submission of payrolls, statements of
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24 compliance and all other Federal regulatory
requirements.

b. "Specialty Items" shall be construed to be
limited to work that requires highly
specialized knowledge, abilities, or equipment
not ordinarily available in the type of
contracting organizations qualified and
expected to bid or propose on the contract as a
whole and in general are to be limited to
minor components of the overall contract. 23
CFR 635.102.

2. Pursuant to 23 CFR 635.116(a), the
contract amount upon which the requirements
set forth in paragraph (1) of Section VI is
computed includes the cost of material and
manufactured products which are to be
purchased or produced by the contractor
under the contract provisions.

3. Pursuant to 23 CFR 635.116(c), the
contractor shall furnish (a) a competent
superintendent or supervisor who is employed
by the firm, has full authority to direct
performance of the work in accordance with
the contract requirements, and is in charge of
all construction operations (regardless of who
performs the work) and (b) such other of its
own organizational resources (supervision,
management, and engineering services) as the
contracting officer determines is necessary to
assure the performance of the contract.

4. No portion of the contract shall be
sublet, assigned or otherwise disposed of
except with the written consent of the
contracting officer, or authorized
representative, and such consent when given
shall not be construed to relieve the contractor
of any responsibility for the fulfillment of the
contract. Written consent will be given only
after the contracting agency has assured that
each subcontract is evidenced in writing and
that it contains all pertinent provisions and
requirements of the prime contract. (based on
longstanding interpretation of 23 CFR
635.116).

5. The 30-percent self-performance
requirement of paragraph (1) is not applicable
to design-build contracts; however,
contracting agencies may establish their own
self-performance requirements. 23 CFR
635.116(d).

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid
construction contracts and to all related
subcontracts.

1. In the performance of this contract the
contractor shall comply with all applicable
Federal, State, and local laws governing
safety, health, and sanitation (23 CFR Part
635). The contractor shall provide all
safeguards, safety devices and protective
equipment and take any other needed actions
as it determines, or as the contracting officer
may determine, to be reasonably necessary to
protect the life and health of employees on
the job and the safety of the public and to
protect property in connection with the
performance of the work covered by the
contract. 23 CFR 635.108.

2. It is a condition of this contract, and
shall be made a condition of each subcontract,
which the contractor enters into pursuant to
this contract, that the contractor and any
subcontractor shall not permit any employee,
in performance of the contract, to work in
surroundings or under conditions which are
unsanitary, hazardous or dangerous to his/her
health or safety, as determined under
construction safety and health standards (29
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25 CFR Part 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of
the Contract Work Hours and Safety
Standards Act (40 U.S.C.
3704). 29 CFR 1926.10.

3. Pursuant to 29 CFR 1926.3, it is a
condition of this contract that the Secretary of
Labor or authorized representative thereof,
shall have right of entry to any site of contract
performance to inspect or investigate the
matter of compliance with the construction
safety and health standards and to carry out
the duties of the Secretary under Section 107
of the Contract Work Hours and Safety
Standards Act (40 U.S.C.
3704).

VIII. FALSE STATEMENTS

CONCERNING HIGHWAY

PROJECTS

This provision is applicable to all Federal-aid
construction contracts and to all related
subcontracts.

In order to assure high quality and durable
construction in conformity with approved
plans and specifications and a high degree of
reliability on statements and representations
made by engineers, contractors, suppliers, and
workers on Federalaid highway projects, it is
essential that all persons concerned with the
project perform their functions as carefully,
thoroughly, and honestly as possible. Willful
falsification, distortion, or misrepresentation
with respect to any facts related to the project
is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of
these and similar acts, Form FHWA-1022
shall be posted on each Federal-aid highway
project (23 CFR Part 635) in one or more
places where it is readily available to all
persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or
employee of the United States, or of any State
or Territory, or whoever, whether a person,
association, firm, or corporation, knowingly
makes any false statement, false
representation, or false report as to the
character, quality, quantity, or cost of the
material used or to be used, or the quantity or
quality of the work performed or to be
performed, or the cost thereof in connection
with the submission of plans, maps,
specifications, contracts, or costs of
construction on any highway or related
project submitted for
approval to the Secretary of Transportation;
or

Whoever knowingly makes any false
statement, false representation, false report or
false claim with respect to the character,
quality, quantity, or cost of any work
performed or to be performed, or materials
furnished or to be furnished, in connection
with the construction of any highway or
related
project approved by the Secretary of
Transportation; or

Whoever knowingly makes any false
statement or false representation as to material
fact in any statement, certificate, or report
submitted pursuant to provisions of the
Federal-aid Roads Act approved July 11,
1916, (39 Stat. 355), as amended and
supplemented;

Shall be fined under this title or imprisoned
not more than 5 years or both."

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26 IX. IMPLEMENTATION OF CLEAN AIR

ACT AND FEDERAL

WATER POLLUTION CONTROL ACT
(42 U.S.C. 7606; 2 CFR 200.88; EO 11738)

This provision is applicable to all Federal-aid
construction contracts in excess of $150,000
and to all related subcontracts. 48 CFR

2.101; 2 CFR 200.326.

By submission of this bid/proposal or the
execution of this contract or subcontract, as
appropriate, the bidder, proposer, Federal-aid
construction contractor, subcontractor,
supplier, or vendor agrees to comply with all
applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42
U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act, as amended (33 U.S.C.
1251-1387). Violations must be reported to
the Federal Highway Administration and the
Regional Office of the Environmental
Protection Agency. 2 CFR Part 200,
Appendix II.

The contractor agrees to include or cause to
be included the requirements of this Section
in every subcontract, and further agrees to
take such action as the contracting agency
may direct as a means of enforcing such
requirements. 2 CFR 200.326.

X. CERTIFICATION REGARDING

DEBARMENT,

SUSPENSION, INELIGIBILITY AND

VOLUNTARY

EXCLUSION

This provision is applicable to all Federal-aid
construction contracts, design-build contracts,
subcontracts, lower-tier subcontracts,
purchase orders, lease agreements, consultant
contracts or any other covered transaction
requiring FHWA approval or that is estimated
to cost $25,000 or more – as defined in 2
CFR Parts 180 and 1200. 2 CFR 180.220 and
1200.220.

1. Instructions for Certification – First
Tier Participants:

a. By signing and submitting this
proposal, the prospective first tier participant
is providing the certification set out below.

b. The inability of a person to provide
the certification set out below will not
necessarily result in denial of participation in
this covered transaction. The prospective first
tier participant shall submit an explanation of
why it cannot provide the certification set out
below. The certification or explanation will
be considered in connection with the
department or agency's determination whether
to enter into this transaction. However, failure
of the prospective first tier participant to
furnish a certification or an explanation shall
disqualify such a person from participation in
this transaction. 2 CFR 180.320.

c. The certification in this clause is a
material representation of fact upon which
reliance was placed when the contracting
agency determined to enter into this
transaction. If it is later determined that the
prospective participant knowingly rendered
an erroneous certification, in addition to other
remedies available to the Federal
Government, the contracting agency may
terminate this transaction for cause of default.
2 CFR 180.325.

d. The prospective first tier participant
shall provide immediate written notice to the
contracting agency to whom this proposal is
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27 submitted if any time the prospective first tier
participant learns that its certification was
erroneous when submitted or has become
erroneous by reason of changed
circumstances. 2 CFR 180.345 and 180.350.

e. The terms "covered transaction,"
"debarred," "suspended," "ineligible,"
"participant," "person," "principal," and
"voluntarily excluded," as used in this clause,
are defined in 2 CFR Parts 180, Subpart I,
180.900-180.1020, and 1200. “First Tier
Covered Transactions” refers to any covered
transaction between a recipient or
subrecipient of Federal funds and a
participant (such as the prime or general
contract). “Lower Tier Covered
Transactions” refers to any covered
transaction under a First Tier Covered
Transaction (such as subcontracts). “First
Tier Participant” refers to the participant who
has entered into a covered transaction with a
recipient or subrecipient of Federal funds
(such as the prime or general contractor).
“Lower Tier Participant” refers any
participant who has entered into a covered
transaction with a First Tier Participant or
other Lower Tier Participants (such as
subcontractors and suppliers).

f. The prospective first tier participant
agrees by submitting this proposal that,
should the proposed covered transaction be
entered into, it shall not knowingly enter into
any lower tier covered transaction with a
person who is debarred, suspended, declared
ineligible, or voluntarily excluded from
participation in this covered transaction,
unless authorized by the department or
agency entering into this transaction. 2 CFR
180.330.

g. The prospective first tier participant
further agrees by submitting this proposal that
it will include the clause titled "Certification
Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transactions," provided by the
department or contracting agency, entering
into this covered transaction, without
modification, in all lower tier covered
transactions and in all solicitations for lower
tier covered transactions exceeding the
$25,000 threshold. 2 CFR 180.220 and
180.300.

h. A participant in a covered transaction
may rely upon a certification of a prospective
participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered
transaction, unless it knows that the
certification is erroneous. 2 CFR 180.300;
180.320, and 180.325. A participant is
responsible for ensuring that its principals are
not suspended, debarred, or otherwise
ineligible to participate in covered
transactions. 2 CFR 180.335. To verify the
eligibility of its principals, as well as the
eligibility of any lower tier prospective
participants, each participant may, but is not
required to, check the System for Award
Management website (https://www.sam.gov/).
2 CFR 180.300, 180.320, and 180.325.

i. Nothing contained in the foregoing
shall be construed to require the
establishment of a system of records in order
to render in good faith the certification
required by this clause. The knowledge and
information of the prospective participant is
not required to exceed that which is normally
possessed by a prudent person in the ordinary
course of business dealings.

j. Except for transactions authorized
under paragraph (f) of these instructions, if a
participant in a covered transaction
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28 knowingly enters into a lower tier covered
transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded
from participation in this transaction, in
addition to other remedies available to the
Federal Government, the department or
agency may terminate this transaction for
cause or default. 2 CFR 180.325.

* * * * *

2. Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion – First Tier Participants:

a. The prospective first tier participant
certifies to the best of its knowledge and
belief, that it and its principals:

(1) Are not presently debarred,
suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from
participating in covered transactions by any
Federal department or agency, 2 CFR
180.335;.

(2) Have not within a three-year period
preceding this proposal been convicted of or
had a civil judgment rendered against them
for commission of fraud or a criminal offense
in connection with obtaining, attempting to
obtain, or performing a public (Federal, State,
or local) transaction or contract under a public
transaction; violation of Federal or State
antitrust statutes or commission of
embezzlement, theft, forgery, bribery,
falsification or destruction of records, making
false
statements, or receiving stolen property, 2
CFR 180.800;

(3) Are not presently indicted for or
otherwise criminally or civilly charged by a
governmental entity (Federal, State or local)
with commission of any of the offenses
enumerated in paragraph (a)(2) of this
certification, 2 CFR 180.700 and
180.800; and

(4) Have not within a three-year period
preceding this application/proposal had one or
more public transactions (Federal, State or
local) terminated for cause or default. 2 CFR
180.335(d).

(5) Are not a corporation that has been
convicted of a felony violation under any
Federal law within the two-year period
preceding this proposal (USDOT Order
4200.6 implementing
appropriations act requirements); and

(6) Are not a corporation with any unpaid
Federal tax liability that has been assessed,
for which all judicial and administrative
remedies have been exhausted, or have
lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the
authority responsible for collecting the tax
liability (USDOT Order 4200.6 implementing
appropriations act requirements).

b. Where the prospective participant is
unable to certify to any of the statements in
this certification, such prospective participant
should attach an explanation to this proposal.
2 CFR 180.335 and 180.340.

3. Instructions for Certification -
Lower Tier Participants:

(Applicable to all subcontracts, purchase
orders, and other lower tier transactions
requiring prior FHWA approval or estimated
to cost $25,000 or more - 2 CFR Parts 180
and 1200). 2 CFR 180.220 and 1200.220.

185 of 334

29 a. By signing and submitting this
proposal, the prospective lower tier
participant is providing the certification set
out below.

b. The certification in this clause is a
material representation of fact upon which
reliance was placed when this transaction was
entered into. If it is later determined that the
prospective lower tier participant knowingly
rendered an erroneous certification, in
addition to other remedies available to the
Federal Government, the department, or
agency with which this transaction originated
may pursue available remedies, including
suspension and/or debarment.

c. The prospective lower tier participant
shall provide immediate written notice to the
person to which this proposal is submitted if
at any time the prospective lower tier
participant learns that its certification was
erroneous by reason of changed
circumstances. 2 CFR 180.365.

d. The terms "covered transaction,"
"debarred," "suspended," "ineligible,"
"participant," "person," "principal," and
"voluntarily excluded," as used in this clause,
are defined in 2 CFR Parts 180, Subpart I,
180.900 – 180.1020, and 1200.

You may contact the person to which this
proposal is
submitted for assistance in obtaining a copy
of those regulations. “First Tier Covered
Transactions” refers to any covered
transaction between a recipient or
subrecipient of Federal funds and a
participant (such as the prime or general
contract). “Lower Tier Covered
Transactions” refers to any covered
transaction under a First Tier Covered
Transaction (such as subcontracts). “First
Tier Participant” refers to the participant who
has entered into a covered transaction with a
recipient or subrecipient of Federal funds
(such as the prime or general contractor).
“Lower Tier Participant” refers any
participant who has entered into a covered
transaction with a First Tier Participant or
other Lower Tier Participants (such as
subcontractors and suppliers).

e. The prospective lower tier participant
agrees by submitting this proposal that,
should the proposed covered transaction be
entered into, it shall not knowingly enter into
any lower tier covered transaction with a
person who is debarred, suspended, declared
ineligible, or voluntarily excluded from
participation in this covered transaction,
unless authorized by the department or
agency with which this transaction originated.
2 CFR 1200.220 and 1200.332.

f. The prospective lower tier participant
further agrees by submitting this proposal that
it will include this clause titled "Certification
Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion-Lower
Tier Covered Transaction," without
modification, in all lower tier covered
transactions and in all solicitations for lower
tier covered transactions exceeding the
$25,000 threshold. 2 CFR 180.220 and
1200.220.

g. A participant in a covered transaction
may rely upon a certification of a prospective
participant in a lower tier covered transaction
that is not debarred, suspended, ineligible, or
voluntarily excluded from the covered
transaction, unless it knows that the
certification is erroneous. A participant is
responsible for ensuring that its principals are
not suspended, debarred, or otherwise
ineligible to participate in covered
transactions. To verify the eligibility of its
186 of 334

30 principals, as well as the eligibility of any
lower tier prospective participants, each
participant may, but is not required to, check
the System for Award Management website
(https://www.sam.gov/), which is compiled
by the General Services Administration. 2
CFR 180.300, 180.320, 180.330, and
180.335.

h. Nothing contained in the foregoing
shall be construed to require establishment of
a system of records in order to render in good
faith the certification required by this clause.

The knowledge and information of participant
is not required to exceed that which is
normally possessed by a prudent person in the
ordinary course of business dealings.

i. Except for transactions authorized
under paragraph e of these instructions, if a
participant in a covered transaction
knowingly enters into a lower tier covered
transaction with a person who is suspended,
debarred, ineligible, or voluntarily excluded
from participation in this transaction, in
addition to other remedies available to the
Federal Government, the department or
agency with which this transaction originated
may pursue available remedies, including
suspension and/or debarment. 2 CFR
180.325.

* * * * *

Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion--Lower Tier Participants:

1. The prospective lower tier participant
certifies, by submission of this proposal, that
neither it nor its principals: (a) is presently
debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded
from participating in covered transactions by
any Federal department or agency, 2
CFR 180.355;

(b) is a corporation that has been
convicted of a felony violation under any
Federal law within the two-year period
preceding this proposal (USDOT Order
4200.6 implementing
appropriations act requirements); and

(c) is a corporation with any unpaid
Federal tax liability that has been assessed,
for which all judicial and administrative
remedies have been exhausted, or have
lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the
authority responsible for collecting the tax
liability. (USDOT Order 4200.6
implementing appropriations act
requirements)

2. Where the prospective lower tier
participant is unable to certify to any of the
statements in this certification, such
prospective participant should attach an
explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE

OF CONTRACT

FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid
construction contracts and to all related
subcontracts which exceed $100,000. 49
CFR Part 20, App. A.

1. The prospective participant certifies, by
signing and submitting this bid or proposal, to
the best of his or her knowledge and belief,
that:

187 of 334

31 a. No Federal appropriated funds have
been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing
or attempting to influence an officer or
employee of any Federal agency, a Member
of Congress, an officer or employee of
Congress, or an employee of a Member of
Congress in connection with the awarding of
any Federal contract, the making of any
Federal grant, the making of any Federal loan,
the entering into of any cooperative
agreement, and the extension, continuation,
renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative
agreement.

b. If any funds other than Federal
appropriated funds have been paid or will be
paid to any person for influencing or
attempting to influence an officer or
employee of any Federal agency, a Member
of Congress, an officer or employee of
Congress, or an employee of a Member of
Congress in connection with this Federal
contract, grant, loan, or cooperative
agreement, the undersigned shall complete
and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance
with its instructions.

2. This certification is a material
representation of fact upon which reliance
was placed when this transaction was made or
entered into. Submission of this certification
is a prerequisite for making or entering into
this transaction imposed by 31 U.S.C. 1352.

Any person who fails to file the required
certification shall be subject to a civil penalty
of not less than $10,000 and not more than
$100,000 for each such failure.

3. The prospective participant also
agrees by submitting its bid or proposal that
the participant shall require that the language
of this certification be included in all lower
tier subcontracts, which exceed $100,000 and
that all such recipients shall certify and
disclose accordingly.

XII. USE OF UNITED STATES-FLAG
VESSELS:

This requirement applies to material or
equipment that is acquired for a specific
Federal-aid highway project. 46 CFR 381.7.

It is not applicable to goods or materials that
come into inventories independent of an
FHWA funded-contract.

When oceanic shipments (or shipments across
the Great Lakes) are necessary for materials
or equipment acquired for a specific Federal-
aid construction project, the bidder, proposer,
contractor, subcontractor, or vendor agrees:

1. To utilize privately owned United
States-flag commercial vessels to ship at least
50 percent of the gross tonnage (computed
separately for dry bulk carriers, dry cargo
liners, and tankers) involved, whenever
shipping any equipment, material, or
commodities pursuant to this contract, to the
extent such vessels are available at fair and
reasonable rates for United States-flag
commercial vessels. 46 CFR 381.7.

2. To furnish within 20 days following
the date of loading for shipments originating
within the United States or within 30 working
days following the date of loading for
shipments originating outside the United
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32 States, a legible copy of a rated, ‘on-board’
commercial ocean bill-of-lading in English
for each shipment of cargo described in
paragraph (b)(1) of this section to both the
Contracting Officer (through the prime
contractor in the case of subcontractor bills-
of-lading) and to the Office of Cargo and
Commercial Sealift (MAR-620), Maritime
Administration, Washington, DC 20590.
(MARAD requires copies of the ocean
carrier's (master) bills of lading, certified
onboard, dated, with rates and charges. These
bills of lading may contain business sensitive
information and therefore may be submitted
directly to MARAD by the Ocean
Transportation Intermediary on behalf of the
contractor). 46 CFR 381.7.

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33 ATTACHMENT A - EMPLOYMENT AND MATERIALS

PREFERENCE FOR APPALACHIAN DEVELOPMENT

HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS (23 CFR 633,
Subpart B, Appendix B) This provision
is applicable to all Federal-aid projects
funded under the Appalachian Regional
Development Act of 1965.

1. During the performance of this
contract, the contractor undertaking to
do work which is, or reasonably may
be, done as on-site work, shall give
preference to qualified persons who
regularly reside in the labor area as
designated by the DOL wherein the
contract work is situated, or the
subregion, or the Appalachian counties
of the State wherein the contract work
is situated, except:

a. To the extent that qualified
persons regularly residing in the area
are not available.

b. For the reasonable needs of the
contractor to employ supervisory or
specially experienced personnel
necessary to assure an efficient
execution of the contract work.

c. For the obligation of the
contractor to offer employment to
present or former employees as the
result of a lawful collective bargaining
contract, provided that the number of
nonresident persons employed under
this subparagraph (1c) shall not exceed
20 percent of the total number of
employees employed by the contractor
on the contract work, except as
provided in subparagraph (4) below.

2. The contractor shall place a job
order with the State Employment
190 of 334
34 Service indicating (a) the
classifications of the laborers,
mechanics and other employees
required to perform the contract work,
(b) the number of employees required
in each classification, (c) the date on
which the participant estimates such
employees will be required, and (d)
any other pertinent information
required by the State Employment
Service to complete the job order form.

The job order may be placed with the
State Employment Service in writing
or by telephone. If during the course
of the contract work, the information
submitted by the contractor in the
original job order is substantially
modified, the participant shall
promptly notify the State Employment
Service.

3. The contractor shall give full
consideration to all qualified job
applicants referred to him by the State
Employment Service. The contractor
is not required to grant employment to
any job applicants who, in his opinion,
are not qualified to perform the
classification of work required.

4. If, within one week following
the placing of a job order by the
contractor with the State Employment
Service, the State Employment Service
is unable to refer any qualified job
applicants to the contractor, or less
than the number requested, the State
Employment Service will forward a
certificate to the contractor indicating
the unavailability of applicants. Such
certificate shall be made a part of the
contractor's permanent project records.

Upon receipt of this certificate, the
contractor may employ persons who
do not normally reside in the labor area
191 of 334
35 to fill positions covered by the
certificate, notwithstanding the
provisions of subparagraph (1c) above.

5. The provisions of 23 CFR
633.207(e) allow the contracting
agency to provide a contractual
preference for the use of mineral
resource materials native to the
Appalachian region.

6. The contractor shall include the
provisions of Sections 1 through 4 of
this Attachment A in every subcontract
for work which is, or reasonably may
be, done as on-site work.

192 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Maria Lara, Assistant City Manager

DATE: February 7, 2023

SUBJECT: Introduce and Waiver of the First Reading by title only of an Ordinance of the City of Wasco Amending Table 2-6 of Municipal Code Section 17.22.070 and Amending Boundaries on Figure 2-4 of the Municipal Code Section

17.24.040 to allow drive- throughs with a Conditional Use Permit and Find that this project is exempt under the California Environmental Quality Act of 1970 (CEQA) and State CEQA Guidelines Section 15305.

Recommendation:

Staff recommends that the City Council:

1. Conduct the public hearing and introduce and waive r of the First Reading of “Zone Ordinance Text Amendment and Boundary change request: Requesting to amend Table 2-6 of Municipal Code Section 17.22.070 to allow drive-throughs with a conditional use permit and a request to amend the boundaries of the Historic Downtown (H-D) Combining District (Municipal Code section 17.24.040).”

2. Find that this project is exempt under the California Environmental Quality Act of 1970 (CEQA) and State CEQA Guidelines Section 15305.

Environmental Review:

Find that this project is exempt under the California Environmental Quality Act of 1970 (CEQA) and State CEQA Guidelines Section 15305 Class 5 consists of minor alterations in land use limitations.

Discussion:

The project is a Zoning Ordinance Text Amendment Request for two amendments:

Amend Table 2-6 of Section 17.22.070 ‘Commercial, and Industrial Zone Uses,’ where the applicant is requesting the Land Use type for ‘Restaurants – Fast Food with drive-thru’ to be changed from ‘Use Not Allowed’ to ‘Conditional Use Permit’ (as shown in Attachment 3); and to amend the boundaries on Section 17.24.040 ‘Historic Downtown (H -D) Combining District’ shown on Figure 2-4 of the Municipal code (as shown in Attachment 4).

STAFF REPORT
City of Wasco

193 of 334
The applicant is requesting that the two parcels in question, APN’s 030- 061-12 and 030- 061-13, be removed from the Historic Downtown Combining District. Both amendments are being requested due to drive- throughs not being allowed in the Central District zoning or Historic Downtown Combining district. The applicant’s parcels are on the edge of the boundaries of the Historic Downtown Combining District.

In order to allow a drive- through at 727 6th Street, the following amendments are necessary:

1. Amend Table 2 -6 of Section 17.22.070 ‘Commercial , and Industrial Zone Uses’ changing the Land Use ‘Restaurants – Fast Food with Drive - Thru’ from ‘Use Not Allowed’ to ‘Conditional Use Permit’(C); and

2. Amend the boundaries on Figure 2 -4 of Section 17.24.040 ‘Historic Downtown (H - D) Combining District’ to exc lude the subject property due to drive -throughs not being allowed in the H-D District.

On November 14, 2022, the Planning Commission held a Public Hearing, passed and adopted Resolution 2022- 0006, a resolution of the Planning Commission of the City of Wasco recommending approval of Zoning Ordinance Text Amendment and Zone Change 22-01.

Fiscal Impact:

None

Attachments:

1. Adopted Resolution 2022-0006 of the Planning Commission

2. Proof of Published Public Hearing Notice

3. Section 17.22.070, Table 2-6 Commercial and Industrial Zone Uses Land Use Table – Proposed

4. Section 17.24.040, Figure 2 -4 Historic Downtown Combining District Boundaries – Proposed

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198 of 334
199 of 334

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200 of 334
Proposed
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201 of 334
.

TO: Honorable Mayor and Council Members

FROM: Vincent Martinez, Mayor
Alexandro Garcia, Mayor Pro Tem

DATE: February 7, 2023

SUBJECT: Appointment of Three (3) Planning Commissioners to fill full-term seats on the Planning Commission Board, term expiring on December 31, 2026

Recommendation:

Recommendation to appoint t hree (3) candidates to fill the three open seats on the Planning Commission Board.

Discussion:

On November 1, 2022, David Ward resigned from the Planning Commission ; on December 31, 2022, Robert Holterman and Jeremiah Skeels terms had expired, which left three vacant seats. A notice of recruitment was published in the Wasco tribune.

The City Clerk received four (4) applications. The four candidates were interviewed on January 23, 2023, by a committee consisting of Mayor Martinez, Mayor Pro Tem Garcia, and staff.

It is their recommendation to reappoint Jeremiah Skeels, appoint Marcos Torres and John P. Pallares to fill the three full-term seats expiring on December 31, 2026

Attachments:

1. Recruitment Notice

STAFF REPORT
City of Wasco

202 of 334
203 of 334
.

TO: Honorable Mayor and Council Members

FROM: M. Scott Hurlbert, City Manager
Luis Villa, Public Works Director

DATE: February 7, 2023

SUBJECT: Adopt a Resolution Authorizing The City Manager or designee to enter and execute Franchise A greements with American Refuse, Inc. for the Collection and Handling of Residential Recyclable materials , and Commercial Organics, Recyclable materials and Roll-off Services, subject to final approval of the City Manager and City Attorney.

Recommendation:

Staff recommends the City Council:

1) Adopt a Resolution Authorizing The City Manager or designee to sign and execute a Franchise Agreement with American Refuse, Inc. for the Collection and Handling of Residential Recyclable materials subject to final approval of the City Manager and City Attorney.

2) Adopt a Resolution Authorizing The City Manager or designee to sign and execute a Franchise Agreement with American Refuse, Inc. for the Collection and Handling of Commercial Organics , Recyclable materials and Roll -off Services, subject to final approval of the City Manager and City Attorney.

Environmental Review:

The staff has reviewed the proposed activity for compliance with the California Environmental Quality Act(CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA guidelines because the proposed activity consists of a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

STAFF REPORT
City of Wasco

204 of 334

Discussion:

The staff has worked with R3 Consultant since September 2020 to complete a rate study for the City’s solid -waste rates and to identify the revenue necessary to fund expected expenses of current solid -waste services and State Mand ated recycling and organic services. In order for the revenue to meet the anticipated needs, the rates will need to be adjusted to provide sufficient funding . The City faced the challenge of delivering the services mandated by SB1383 and residential recycling materials. The City currently would not be able to offer an extra pick-up service as the City does not have the workforce and would be costlier to residents if City would obtain additional equipmen t and staffing needed to provide this service.

The City had been working with law firm Richard Watson & Gershon (RWG which specializes in municipalities and public agencies , to develop /review a Franchise agreement that would suit City Needs. City staff h as actively worked closely with American Refuse on this agreement to provide the needed services to city residents. Each party had their respective counsel review the Agreement, and agree with the Franchise Agreement attached subject to final approval of the City Manager and City Attorney.

It has been recommended for the City Council’s approval to move forward and start providing services to residents and businesses. Once the agreement is in place, the City will comply with Cal Recycle’s state-mandated recycling laws.

The adopted rate adjustment schedule did not take effect on 7/1/2022 as initially planned due to Franchise agreement delays in services not rendered. The recycling services are projected to begin in April 2023.

Fiscal Impact:

Adopted Sanitation Rates (see table below) and franchised operations were anticipated in the FY 2022- 2023 budget. Delays in implementing the rates and franchise operations have affected annual totals and may require budget actions to be considered in a future agenda. However, no immediate budget action is required with approval of this item. 205 of 334
Attachments:

1. Resolution

2. Franchise Agreements: Residential and Commercial
Solid-Waste Rate Adjustment Schedule

DESCRIPTION BASE/FLAT 7/1/2022 7/1/2023 7/1/2024 7/1/2025 7/1/2026 Residential 20% 17% 10% 10% 5%
Commercial 85% 17% 10% 10% 5%

REFUSE 1 HOUSE $ 28.12 $ 33.74 $ 39.48 $ 43.43 $ 47.77 $ 50.16 REFUSE 2 HOUSES $ 56.24 $ 67.49 $ 78.96 $ 86.86 $ 95.54 $ 100.32 XTRA BLK CONTAINER $ 11.40 $ 13.68 $ 16.01 $ 17.61 $ 19.37 $ 20.34 XTRA GREEN CONTAINER $ 11.40 $ 13.68 $ 16.01 $ 17.61 $ 19.37 $ 20.34 100 GALLON CART X 2 $ 37.61 $ 69.58 $ 81.41 $ 89.55 $ 98.50 $ 103.43 100 GALLON CART X 5 $ 94.04 $ 173.97 $ 203.55 $ 223.90 $ 246.29 $ 258.61 1/4 - 300 GAL CONT 2XWK $ 28.22 $ 52.21 $ 61.08 $ 67.19 $ 73.91 $ 77.60 1/3 - 300 GAL CONT 5XWK $ 94.05 $ 173.99 $ 203.57 $ 223.93 $ 246.32 $ 258.64 1/2 - 300 GAL CONT 2XWK $ 56.44 $ 104.41 $ 122.16 $ 134.38 $ 147.82 $ 155.21 1/2 - 300 GAL CONT 5XWK $ 141.05 $ 260.94 $ 305.30 $ 335.83 $ 369.42 $ 387.89 1/8 - METAL BIN 2XWK $ 28.22 $ 52.21 $ 61.08 $ 67.19 $ 73.91 $ 77.60 1/8 - METAL BIN 5XWK $ 70.54 $ 130.50 $ 152.68 $ 167.95 $ 184.75 $ 193.98 1/4 - METAL BIN 2XWK $ 56.44 $ 104.41 $ 122.16 $ 134.38 $ 147.82 $ 155.21 1/4 - METAL BIN 5XWK $ 141.05 $ 260.94 $ 305.30 $ 335.83 $ 369.42 $ 387.89 2/3 - 300 GAL CONT 2XWK $ 75.23 $ 139.18 $ 162.84 $ 179.12 $ 197.03 $ 206.88 2/3 - 300 GAL CONT 5XWK $ 188.07 $ 347.93 $ 407.08 $ 447.79 $ 492.56 $ 517.19 3/4 - 300 GAL CONT 2XWK $ 84.64 $ 156.58 $ 183.20 $ 201.52 $ 221.68 $ 232.76 3/4 - 300 GAL CONT 5XWK $ 211.57 $ 391.40 $ 457.94 $ 503.74 $ 554.11 $ 581.82 1- 300 GAL CONT 2XWK $ 112.85 $ 208.77 $ 244.26 $ 268.69 $ 295.56 $ 310.34 1- 300 GAL CONT 5XWK $ 282.10 $ 521.89 $ 610.61 $ 671.67 $ 738.83 $ 775.77 1/2 - METAL BIN 2XWK $ 112.85 $ 208.77 $ 244.26 $ 268.69 $ 295.56 $ 310.34 1/2 - METAL BIN 5XWK $ 282.10 $ 521.89 $ 610.61 $ 671.67 $ 738.83 $ 775.77 REFUSE 1.5 CY 2XWK $ 113.17 $ 209.36 $ 244.96 $ 269.45 $ 296.40 $ 311.22 1 - METAL BIN 2XWK $ 225.68 $ 417.51 $ 488.48 $ 537.33 $ 591.07 $ 620.62 1 - METAL BIN 5XWK $ 564.19 $ 1,043.75 $ 1,221.19 $ 1,343.31 $ 1,477.64 $ 1,551.52

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RESOLUTION NO. 2023 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WASCO AUTHORIZING THE CITY

MANAGER OR DESIGNEE TO FINALIZE AND EXECUTE FRANCHISE AGREEMENTS WITH AMERICAN REFUSE, INC. FOR THE COLLECTION AND HANDLING OF RESIDENTIAL RECYCLABLE

MATERIALS, AND COMMERCIAL ORGANICS, RECYCLABLE MATERIALS AND ROLL-OFF

SERVICES
WHEREAS, the City of Wasco wishes to contract American Refuse, Inc. for the collection and handling of Residential Recyclable Materials, and Commercial Organics, Recyclable materials and Roll-off Services; and
WHEREAS, the services provided are described in the Agreement s found in the attachments “A” and “B”; and
WHEREAS, said agreements have been made in the form and manner prescribed by the City of Wasco Municipal Code and the California Public Contract Code; and WHEREAS, American Refuse, Inc. and the City each acknowledge that each party and their respective legal counsel have reviewed the Agreements; and WHEREAS, The Agreements shall be governed by and construed in accordance with the laws of the state of California.

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

SECTION 1: Authorize the City Manager or his designee to enter and execute Fr anchise Agreements for the collection and handling of Residential Recyclable Materials , and Commercial Organics, Recyclable materials and Roll -off Services with American Refuse subject to final approval of the City Manager and City Attorney.

-o0o-
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I HEREBY CERTIFY that the foregoing Resolution No. 2023. - was passed and adopted by the Council of the City of Wasco at a regular meeting thereof held on February 7, 2023, by the following vote:

COUNCIL MEMBERS: MARTINEZ, GARCIA, MEDINA, REYNA, SALDAÑA AYES:

NOES:

ABSTAIN:

ABSENT:
__________________________

VINCENT MARTINEZ,
MAYOR of the City of Wasco
Attest:

__________________________
MARIA O. MARTINEZ
CITY CLERK and Ex Officio Clerk of
the Council of the City of Wasco
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Attachment “A”

1 Draft Franchise Agreement

FRANCHISE AGREEMENT

FOR COLLECTION AND HANDLING OF

COMMERCIAL

ORGANICS AND RECYCLABLE MATERIALS

AND FOR ROLL-OFF SERVICES

BETWEEN THE CITY OF WASCO
AND AMERICAN REFUSE, INC.
(CORE CITY)

THIS AGREEMENT FOR THE COLLECTION AND HANDLING OF COMMERCIAL ORGANICS AND RECYCLABLE MATERIALS AND FOR ROLL -OFF SERVICES MATERIALS (“Agreement”) is made and entered into this _________ day of _____________ 2023, by and between the CITY OF WASCO, a municipal corporation of the State of California, (“CITY”), and American Refuse, a California corporation (“CONTRACTOR”). CITY and CONTRACTOR are individually referred to as “Party” and collectively referred to as the “Parties”.

R E C I T A L S:

2 Draft Franchise Agreement
within the identified portions of the City of Wasco , it is appropriate to provide for certain solid waste collection, processing and disposal services by a private waste hauler as an alternative to providing such services through public resources; and to that end has determined that an exclusive franchise be awarded to a qualified company for the handling of Commercial Organics and Recyclable Materials and for Roll-Off services to meet the goals and requirements of AB 939; which franchise can be appropriately integrated into and function as part of the solid waste system provided by CITY;
WHEREAS, Public Resources Code Section 40059 permits CITY to impose terms and conditions on the award of a solid waste franchise if, in the opinion of the governing body, the public health, safety and well-being require the imposition of those terms and conditions; WHEREAS, the CITY collects, processes and disposes of Non -Recyclable Residential and Commercial Solid Waste and collects and processes Residential Organics using CITY resources (i.e., personnel and equipment) but desires CONTRACTOR to co llect, process and market (as defined herein) Commercial Organics and Commercial Recyclable Materials and generated in the CITY and to provide Roll -Off services to Residential and Commercial Premises for Solid Waste, Construction and Demolition Debris, Organics and Recyclable Materials; WHEREAS, CONTRACTOR has represented and warranted to CITY that it has the experience, responsibility, and qualifications to provide for the collection , processing and marketing of Commercial Recyclable Materials and Organics and Roll-Off services; WHEREAS, the City Council of CITY has determined that CONTRACTOR, by demonstrated experience, reputation and capacity is qualified to continue to exclusively provide for the collection, processing and marketing of Commercial Recyclable Materials and Organics and Roll- Off services within the identified portions of the CITY and to transport such materials to places of processing and disposal, which may be designated in accordance with this Agreement, and CITY and CONTRACTOR desire that CONTRACTOR be engaged to perform such services on the terms and conditions set forth in this Agreement;
WHEREAS, the City Council of CITY has determined that the public health, safety and well- being of its residents require the collection, processing and marketing of Commercial Recyclable Materials and Organics and Roll- Off services and the frequency of collection, the means of collection and the transportation, scope of services, charges and fees, and the location and extent of such services , be governed by and provided under an exclusive franchise for collection, processing and marketing of Commercial Recyclable Materials and Organics and Roll-Off services; WHEREAS, the Parties hereto desire to enter into this Agreement for the purpose of rescinding and superseding all prior agreements and understandings between the Parties to accurately reflect the rights and obligations of the CITY and CONTRACTOR solely as set forth in this Agreement;
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3 Draft Franchise Agreement
WHEREAS, contemporaneously herewith, the Parties are also entering into an agreement that grants CONTRACTOR an exclusive franchise for the collection , processing and marketing of Residential Recyclable Materials; and
WHEREAS, the City Council of CITY further declares its intention of maintaining reasonable rates for collection, processing and disposal of Commercial Recyclable Materials and Organics and for the provision of Roll-Off services within CITY; NOW, THEREFORE, in consideration of the respective and mutual covenants and promises contained and made in this Agreement, and subject to all the terms and conditions of this Agreement, the Parties agree as follows:

1. DEFINITIONS
For purposes of this Agreement, the definitions in this Section 1 shall apply unless otherwise specifically stated. The meaning of terms or words not defined herein shall be as defined in the SB 1383 Regulations, if applicable, or as commonly understood in the solid waste collection services if not defined by the SB 1383 Regulations. When not inconsistent with the context, words used in the present tense include the future tenses, words in the plural include the singular, and words in the singular include the plural, and words used in either the masculine or feminine gender includes all genders. Unless otherwise specified herein, every reference in this Agreement to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.

Affilia
ted Companies mean all businesses which are directly or indirectly related to CONTRACTOR by virtue of direct or indirect ownership interests or common management or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in CONTRACTOR.

Applicable Law me
ans all law, statutes, rules, regulations, guidelines, permits, actions, determinations, orders, or requirements of the United States, State of California, County of Kern, CITY, regional or local government authorities, agencies, boards, commissions, courts or other bodies having applicable jurisdiction, including AB 939, that from time to time apply to or govern the services provided pursuant to this Agreement or the performance of the Parties’ respective obligations hereunder, including any of the foregoing which concern health, safety, fire, environmental protection, labor relations, mitigation monitoring plans, building codes, zoning, non-discrimination, and the Kern County Integrated Waste Management Plan. All references herein to Applicable Law include subsequent amendments thereto, unless otherwise specifically limited.

City Manager me
ans the City Manager of CITY. The City Manager or designee is the authorized agent of CITY in enforcing the terms of this Agreement. 212 of 334
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Construction and Demolition Waste or C&D Debris means any waste matter which is a by- product of a construction, demolition, clean- up or remodeling process, wherever occurring within the CITY, and is considered Solid Waste for purposes of this Agreement.

Commercial Business me ans all business, industrial or similar non -residential land uses, whether for-profit or nonprofit, and multifamily residential dwelling with five (5) or more units.

Commercial Premises mean s any real property in the City on which a Commercial Business operates or is located.

Container mean s an industry standard receptacle for disposal of residential Solid Waste, Organic Waste, and Recyclables, in a range of sizes, including approximately 96- gallon carts and 3 and 6- cubic yard bins. A Container may have wheels, has a handle for ease of movement and a tight -fitting lid and is designed to be dumped manually or mechanically into a Solid Waste collection vehicle.

County means Kern County.

Customer means each person or business directly receiving services from CONTRACTOR within the Franchise Area.

Disposal Facility me ans a facility or facilities for disposing of Refuse and/or residue from a Recycling Processing Facility, Green Waste Facility or Organic Waste Facility.

E-Waste m eans appliances, devices, and other objects containing electronic components, and includes (but is not limited to) computers, computer monitors, cellular telephones, copiers, fax machines, DVD players, VCR’s, televisions, printers, microwaves, and toasters.

Excluded Waste mean s Hazardous Waste; volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material; waste that CONTRACTOR reasonably believes would, as a result of or upon disposal, be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions; waste that cannot be disposed of in Class III landfills; waste that in CONTRACTOR’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose CONTRACTOR or the CITY to potential liability; and Special Waste.

Franchise Area mea
ns the city limits of the CITY , as they currently exist and as they may be expanded in the future by annexation, subject to the termination in compliance with Applicable Law of any continuation rights of a solid waste hauler other than CONTRACTOR.

Green Waste mea ns grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches, brush and nonhazardous wood waste.

Green Waste Facility mean s a facility or facilities for the controlled biological decomposition of organic wastes that have been source separated from the CITY’s municipal Solid Waste stream, or which have been separated at a centralized facility. 213 of 334
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Hazardous Waste means any material, which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged or any waste which is defined or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under Applicable Law, including:
a. “
Hazardous Waste” pursuant to Section 40141 of the California Public Resources Code; regulated under Chapter 7.6 (commending with Section 25800) of Division 20 of the California Health and Safety Code; all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Section s 25110.02, 25115, and 25117 of the California Health and Safety Code (the California Hazardous Waste Control Act), California Health and Safety Code Section 25100 et seq., and future amendments to or recodification of such statutes or regulations promulgated thereunder, including 23 California Code of Regulations (CCR) Sections 2521 and 2522;
b. Materials regulated under the Resource Conservation and Recovery Act, 42 U.S.C.

Section 6901 et seq ., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, State and local laws and regulations;
c. M
aterials regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended, and related federal State of California, and local laws and regulations, including the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.;
d. M aterials regulated under the Comprehensive Environme ntal Response, Compensation and Liability Act, 42 U.S.C. 9601, et seq ., as amended, and regulations promulgated thereunder; and
e. Materials regulated under any future additional or substitute federal, State or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste.

If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of “hazardous waste ”, for purposes of collection, transportation, processing and/or disposal, the broader, more expansive definition shall be employed for purposes of this Agreement. Notwithstanding any provision of this definition to the contrary, for purposes of this Agreement, Universal Waste shall not be considered Hazardous Waste.

Hazardous Waste Facility me
ans a facility which holds all required permits and approvals for acceptance of Hazardous Waste, and which disposes of or processes Hazardous Waste in accordance with Applicable Law.
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Holiday means a day officially designated as either a State holiday or Federal holiday, or both.

Municipal Code me ans the City of Wasco Municipal Code, as amended from time to time.

Organic Waste and Organics means food waste and food-soiled paper waste that is mixed in with food waste. “Organic Waste” includes Green Waste.

Organic Waste Facility me ans an organic waste recycling facility as defined in applicable regulations of the California Department of Resources Recycling and Recovery.

Processing Facility mea ns a facility or facilities for sorting and/or processing commingled or source separated Recyclable Materials and/or Refuse.

Rates means the fees and charges imposed on Customers as set forth in Exhibit “B”, incorporated by this reference.

Reasonable Business Efforts me an those efforts a reasonably prudent businessperson would expend under the same or similar circumstances in the exercise of such person’s business judgment, intending in good faith to take steps calculated to satisfy the obligation which such person has undertaken to satisfy; provided that such person would not incur a financial loss (other than time expended or unless otherwise compensated for such efforts herein) by reason of having expended or expending such efforts.

Recyclable Material as
used herein mean materials which have been discarded, thrown away or abandoned by the owner or occupant of Commercial Premises that generate such materials and that are commonly collected in commercial premises recycling programs in California, including, but not limited to:
• n ewsprint
• corrugated material
• high-grade paper and mixed paper
• glass
• aluminum cans
• tin cans
• steel and other types of scrap metals
• PET polyethylene terephthalate containers (“PET”) marked “1” as of the date hereof
• high density polyethylene containers (“HDPE”) marked “2” as of the date hereof • low density polyethylene containers (“LDPE”) marked “4” as of the date hereof • California redemption containers
• ferrous metals
• non-ferrous metals
• white paper
• mixed paper
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7 Draft Franchise Agreement
• telephone books
This list may be decreased or expanded to include any other material for which a recycling market or process is developed and which material is designated by CITY to constitute Residential Recyclable Material during the term of this Agreement.

As used herein, “generator” includes, without limitation, a property owner, occupant, or his/her contractor who generates Organic and Recyclable Material from Commercial and Multi- Family Premises as well as Solid Waste Construction and Demolition Debris, Organics and Recyclable Materials and other discarded materials from Residential and Commercial Premises contained in Roll-Off or Debris boxes.

Residential Premises mean s and includes all single family and duplex and multi-family residential premises with less than five separate living units,.

Roll-Off Box means a roll-off box, also known as a dumpster or debris box, and compactor, which are all designed to be transported by special roll-off trucks. Roll-Off Boxes are delivered to Commercial and Residential Premises using a roll-off truck that utilizes wheels to facilitate rolling the box or compactor in place.

Self-Haul m eans the transport of Refuse or Recyclable Materials from Residential and Commercial Premises, where the waste being generated is taken directly to an authorized Processing Facility, Composting Facility or Disposal Facility. The transport must be accomplished by the Customer or person or entity that generates the Refuse , Organic Waste or Recyclable Materials and may not be transported by a company, agent, or other third party hi red for such use.

Solid Waste mea
ns and includes all forms of residential and commercial waste generated within City limits and intended for disposal. Solid Waste as defined in California Public Resources Code, Section 40191 and regulations promulgated thereunder and without limitation includes all putrescible and non -putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid or semisolid wastes, and other discarded solid and semisolid wastes. Excluded from the definition of Solid Waste are Excluded Waste, Recyclable Materials, Organics, Green Waste, and C&D Debris if other provisions of this Agreement discuss collection and disposal of such materials.

Special Waste mean
s any waste matter which is a Hazardous Waste, or which requires special handling or processing, including those items set forth on Exhibit “C ” attached to this Agreement and incorporated by this reference.
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Universal Waste means any waste matter which the State of California classifies as “universal waste,” including but not limited to items and materials listed in 22 CCR Section 66261.9, as it may be amended, as well as any items listed below not classified by the State of California as “universal waste.” Universal Waste includes, but is not limited to, the following:
• E
- Waste
• Batteries (except automobile batteries)
• Thermostats
• Lamps with fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and other lamps with hazardous waste characteristics • Cathode ray tubes
• Aerosol cans
• Mercury-containing items, including light switches, pressure gauges, and thermometers
• Appliances, devices, and other objects containing electronic components, including (but not limited to) computers, computer monitors, cellular telephones, copiers, fax machines, DVD players, VCR’s, and televisions • Prescription and non-prescription drugs, not including controlled substances

2. GRANT OF EXCLUSIVE CONTRACT
As except as otherwise provided in this Agreement, CITY grants to CO NTRACTOR during the term of this Agreement the exclusive right and privilege to collect and transport to a Processing or Disposal Facility Organics and Recyclable Materials produced, generated, kept and/or accumulated at Commercial Premises within the Franchise Area as that area may exist at any time during the term of this Agreement.

CITY also grants to CONTRACTOR the exclusive right and privilege to collect Solid Waste, Organics, Recyclable Materials and other discarded materials from both Residential an d Commercial Premises in Roll- Off Boxes and to transport these materials to a Processing or Disposal Facility.

2.1 C
ontinuation Rights
Notwithstanding any other provision of this Agreement, CONTRACTOR’s rights to collect and transport Organic Waste, Recyclable Materials or Solid Waste shall be non -exclusive to the extent that third-party solid waste haulers have continuation rights pursuant to Public Resources Code Section 49520. Territory which is annexed to the CITY and included within the F ranchise Area in CITY’s sole discretion and for which an existing solid waste or construction debris collection and disposal franchise, agreement, license, or permit was granted by another public entity may continue to be served pursuant to such franchise, agreement, license subject to the provisions of Public Resources Code Section 49520 et seq., and the provisions of this Agreement.

CITY shall provide any solid waste hauler with continuation rights in an annexed area with notice of termination pursuant to Public Resources Code Section 49520 et seq. within six months of 217 of 334
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9 Draft Franchise Agreement
annexation to the Franchise Area of the territory in which the solid waste hauler has been operating.

CONTRACTOR understands and agrees that this Agreement is an exclusive franchise within the meaning of Public Resources Code Section 49520. As such, CONTRACTOR shall not be entitled to continuation rights at the termination or expiration of this Agreement.

2.2 O ther Exceptions to Franchise

2.2.1 Excepted Services. The following services are expressly excluded from this Agreement:
(a) Th e collection of Commercial Solid Waste by the CITY using the CITY’s own personnel and equipment. .
(b) Self-Haul of Solid Waste if and to the extent permitted in the Municipal Code. Customers cannot contract any portion of the Self Haul to any entity other than CONTRACTOR.
(c) Recyclable Materials, Organic Materials, Solid Waste, and Bulky Items removed from a Premises by a contractor (e.g., gardener, landscaper, tree -trimming service, construction contractor, c lean-out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service ; or if such contractor is providing a service which is not included in the scope of this Agreement. (d) The discretionary collection of Solid Waste by CITY, so long as such collection is consistent with CONTRACTOR’S exclusive rights granted in this Agreement.

2.2.2 E xempt Materials . The CONTRACTOR shall not have the exclusive right and privilege to collect the following mate rials. However, the granting of this franchise shall not preclude an owner, resident, or commercial entity from contracting for the categories of materials described below to be delivered to, collected and/or transported or disposed of by CONTRACTOR or oth ers, provided that nothing in this Agreement is intended to or shall be construed to excuse any person from obtaining from CITY any authorization which is otherwise required by law:
(a) R esidential Recyclable Materials donated or sold by Customers to any party of their choice , so long as the Customer does not incur other cha rges relating to the collection, processing and/or disposal of any such Recyclable Materials. (b) The CONTRACTOR’s exclusive franchise in this Agreement shall not include governmental entities if and to the extent CITY has no legal power to include them in the exclusive franchise. The provisions of this Agreement shall not preclude or prohibit CITY or any officer or employee thereof or any employee of the, County, State, or any governmental subdivisions thereof, from collecting, removing, and disposing of Solid Waste from CITY, County, or State facilities.
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3. CONSIDERATION

3.1 Fran chise Fee
In consideration of this Agreement and the permit and franchise given CONTRACTOR under this Agreement, CONTRACTOR shall owe to CITY, as a franchise fee, ten percent (10%) of CONTRACTOR’s gross revenues from CONTRACTOR’S Commercial and Roll- Off collection operations within the municipal boundaries of the City pursuant to this Agreement for each monthly period, but gross revenues shall be exclusive of payments received by CONTRACTOR or Affiliated Companies from the sale of Recyclable Materials and revenue received from the disposal of Refuse that is the residual from processing of Organics and Recyclable Materials (“Franchise Fee”). For purposes of this Agreement, the term “gross revenues” shall be defined to include all revenues received by CONTRACTOR minus pass -through costs incurred at disposal or processing facilities used or directed to be used. CONTRACTOR and CITY agree the Franchise Fee is a negotiated amount determined through good-faith negotiations that is reasonably related to the value of the public right -of-way franchise rights granted to CONTRACTOR under this Agreement, including but not necessarily limited to the right granted to CONTRACTOR to deploy and maintain its vehicles, equipment, and containers in the public right-of-way. CITY may use the Franchise Fee for any lawful purpose. CITY may adjust the Franchise Fee from time to time, provided that if CITY increases the Franchise Fee, CONTRACTOR may increase its rates by the amount necessary to pass through the increase in the Franchise Fee to CONTRACTOR’S Customers. CONTRACTOR shall remit payment to CITY for the Franchise Fee within thirty (30) days of the end of each month and shall include a report on how the Franchise Fee was calculated.

3.2 P
ayments in Lieu of Other Taxes
All sums payable by CONTRACTOR to CITY under this Agreement shall be in lawful money of the United States and shall be in lieu of any license tax which might otherwise be imposed by CITY for the privilege of CONTRACTOR conducting its business under this Agreement in CITY, other than any business license tax imposed by CITY pursuant to the Municipal Code.

4. CONTRACTOR RESPONSIBILITY
CONTRACTOR agrees to perform all of its obligations under this Agreement for the term of this Agreement. CONTRACTOR shall furnish all of the labor and equipment necessary for the collection, processing and marketing of all Commercial Recyclable Material subject to the terms, conditions and provisions of this Agreement. CONTRACTOR represents that it has the professional and technical personnel required to perform the services in conformance with such terms, conditions and provisions of this Agreement. CONTRACTOR shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. 219 of 334
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5. TERM OF AGREEMENT
The initial term of this Agreement shall commence as early as March 1 , 2023 ( the “Effective Date”), and shall expire as of 11:59 p.m. on March 2033. However, upon the mutual written agreement of the Parties, the term of this Agreement may be extended for t wo (2) additional five-year extension terms. Either Party may request such extension term with written notice to the other Party at least one-hundred and eighty (180) days prior to the expiration of the then-current term. SEE CITY COMMENT

6. SCOPE OF SERVICES

6.1 G eneral
CONTRACTOR shall provide Commercial Organics and Recyclable Material collection, transportation, processing and disposal services within the Franchise Area in accordance with the terms of this Agreement. CONTRACTOR shall also provide Roll-Off services to any Customer in the City requesting Roll-Off services.
• Commercial Service: Recyclable Materials, Green Waste and Organic Waste • Roll-Off Service: Refuse, Construction & Demolition Materials, Recyclable Materials, Green Waste and Organic Waste
CONTRACTOR shall not be required to provide such collection, transportation, processing and disposal services for Special or Hazardous Waste under this Agreement, except to the extent provided herein. CONTRACTOR may provide such services for Special or Hazardous Waste if contracted to do so by Customers under separate written contracts negotiated between CONTRACTOR and the Customer generating such Special or Hazardous Waste, provided that CONTRACTOR obtains all necessary permits and performs in accordance with Applicable Law.

CONTRACTOR shall provide all Containers to be used by Customers for the deposit of Organic and Recyclable Material, and Solid Waste in Roll-Off Boxes, at its sole cost and expense; provided that, upon approval by CONTRACTOR, a Customer may provide its own compactor for such purposes. Unless otherwise approved by CITY, CONTRACTOR’s Containers shall be of the sizes set forth in the Rates. CONTRACTOR shall maintain all Containers in good condition and repair, except that it is the customer’s responsibility to keep such Containers clean.

CONTRACTOR’s Containers shall be in colors as required by SB 1383 Regulations and approved by CITY. CONTRACTOR shall include a label on each container which includes text and pictorial summary of items, as required by SB 1383 Regulations and subject to CITY’s reasonable approval.

CONTRACTOR shall replace or repair any such Containers not in good condition at its sole cost and expense; provided, however, that if a Container is damaged or destroyed through the fault or negligence of the occupants of the Residential And commercial Premises to which it was supplied, CONTRACTOR, with CITY’s written consent, may recover the costs of repair or replacement from the person who was responsible for the damage or destruction. 220 of 334
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While engaged in activities authorized or required by this Agreement, CONTRACTOR’s employees and agents shall be attired in suitable and acceptable uniforms mutually approved by CITY and CONTRACTOR. All CONTRACTOR’s employees shall make collections as reasonably quiet as possible and shall avoid unnecessary disturbance. CONTRACTOR and its employees shall not trespass or loiter on Customers’ property and shall use due care in entering and exiting such property, using paved walks or surfaces where practicable. CONTRACTOR shall exercise due care when handling Containers and shall not cause the Containers to be thrown or dropped during collection services. CONTRACTOR’s employees shall replace Containers upright once emptied and shall clean up any materials spilled during the collection process . Property owners and tenants shall be responsible for the cleanup of any spillage or litter not arising from the collection process.

CONTRACTOR shall be responsible for any damage to any property that is the result of the CONTRACTOR’s intentional or negligent actions, CONTRACTOR’s vehicles exceeding the legal maximum weight limits of the State of California , or CONTRACTOR’s negligent operation of the vehicles. CONTRACTOR shall be responsible for damage to public and private utilities, and shall repair or replace such damaged utilities, if proven, to the satisfaction of CITY, to be caused by the inattention, carelessness or negligence of CONTRACTOR.

CONTRACTOR shall be responsible for damage to public and private utilities and property and shall repair or replace such damaged utilities or property, if proven, to the satisfaction of CITY, to be caused by the inattention, carelessness or negligence of CONTRACTOR.

The Parties acknowledge that despite CONTRACTOR’S best efforts, non-recyclable materials will be commingled with Organics and Recyclable Materials and, therefore, non - recyclable residual materials will remain after the Processing of Organics and Recyclable Materials. CONTRACTOR shall ensure that such residual materials shall be disposed of at a permitted Disposal Facility.

CONTRACTOR shall implement such route changes so that no Customer is left without collection services for more than six days. CITY reserves the right to conduct audits of CONTRACTOR’s collection routes. Upon request, CONTRACTOR shall provide CITY with route maps detailing all collection routes.

6.2 C
ommercial Recyclable Material Collection Service

6.2.1 Recycling Service. For Customers receiving Commercial Recyclable Material collection service, CONTRACTOR shall, as frequently as negotiated with Customer but in no event less than once every other week, collect the Recyclables which have been placed, kept or accumulated in Recycling Containers placed at designated collection location at C ommercial Premises. Customers or owners shall be billed at the Rates allowed by this Agreement. Following 221 of 334
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13 Draft Franchise Agreement
collection of Recyclables from a Container, CONTRACTOR shall return the Container to its location with the lid closed.

6.2.2 O rganic Waste Service. CONTRACTOR shall provide and implement a program necessary to meet all applicable law regarding Organic Waste collection and disposal at Commercial Premises subject to CITY ’s review and approval. For Customers receiving Organic Waste service, CONTRACTOR sh all, as frequently as negotiated with Customer but in no event less than once per week, collect the Organic Waste which have been placed, kept or accumulated in Organic Waste Containers placed at designated collection location at Commercial Premises.

Customers or owners shall be billed at the Rates allowed by this Agreement. Following collection of Organic Waste from a Container, CONTRACTOR shall return the Container to its location with the lid closed.

6.2.3 Roll-O ff Service. CONTRACTOR shall, as frequently as n egotiated with Customer, collect Solid Waste, Construction and Demolition waste, Recyclable Materials and Organics kept or accumulated in Containers placed at designated collection location. Customers shall be billed at the Rates authorized by this Agreement. CONTRACTOR shall charge Customers only those Rates allowed by this Agreement.

6.2.4 Bulky Waste Events . CONTRACTOR shall host two public drop -off events for the collection of S olid Waste, Organic s and/or Recyclable Materials , as requested by CITY , within the City limits with one Spring event in either March or April, and one Fall event in either September or October. All events shall occur on a Saturday and occur for at each four hours between the hours of 9:00 a.m. and 4:00 p.m. All events must occur within City limits. The CITY shall give CONTRACTOR a minimum of two week’s advance written notice of each such event.

6.2.5 Hours of Collection . Collection service at Commercial Premises may not start earlier than 6:00 a.m. or continue after 7:00 p.m., except as is specifically approved in writing by the City Manager or his designee.

6.2.6 Commingling Materials. At a minimum, the following protocols shall apply in the event a Customer commingles Refuse, Organic Waste, Green Waste and Recyclable Materials in a single container for collection. From time to time, and with approval by the City, this minimum standard may be updated and can be found in Exhibit D. (a) Recordkeeping. The driver or other CONTRACTOR representative shall record each event in a written log or in the on-board computer system including date, time, Customer's address, type of Container and maintain photographic evidence, when possible. (b) Non-c ollection Pick-Up Notices . CONTRACTOR shall provide the Customer a non-collection notice. The non-collection notices shall: (i) inform the Customer of the observed presence of prohibited commingling of materials; ( ii) include information on the Customer's requirement to properly separate materials into the appropriate Containers; (iii) inform the Customer of the non -collection of the contaminated materials and that for consecutive instances, CONTRACTOR may assess contamination processing fees; and ( iv) 222 of 334
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CONTRACTOR may include photographic evidence. CONTRACTOR shall leave the non -collection notice attached to or adhered to the Generators' contaminated Containers; at the Premises' door or gate; or, may deliver the notice by mail, e -mail, text message, or other electronic message.

The container will be left behind until the Customer has corrected the contamination. Should the Customer request the container be collected before the next schedule collection, CONTACTOR may impose a go-back fee as specified in Exhibit “A” schedule of Rates,” or as those rates may be amended by resolution of the City Council..
(c) N
otice of Assessment of Contamination Processing Fees . If CONTRACTOR observes prohibited commingling on more than two occasions, and issued non- collection notices on each of those occasions, CONTRACTOR may impose a contamination processing fee as specified in Exhibit “A” schedule of Rates,” or as those rates may be amended by resolution of the City Council.
(d) C ONTRACTOR shall notify CITY in its monthly report of Customers for which contamination Processing fees were assessed. CONTRACTOR shall leave a contamination Processing fee notice attached to or adhered to the Generators' contaminated Containers; at the Premises' door or gate; or, deliver the notice by mail, e-mail, text message, or other electronic message. The contamination Processing fee notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Customer will be charged a contamination Processing fee on its next bill. The format of the contamination Processing fee notice shall be approved by CITY.
(e) D
isposal of Contaminated Materials . If CONTRACTOR observes prohibited commingling of materials, CONT RACTOR may Dispose of the Container's contents, provided CONTRACTOR complies with the noticing requirements above.

6.3 Diversion

6.3.1 No Commingling . CONTRACTOR shall not commingle, in the vehicles or otherwise, any Refuse with any Recyclable Materials or Organic Waste, or any Refuse, Recyclable Materials or Organic Waste with each other when collected by CONTRACTOR, unless otherwise specifically authorized in writing by CITY. CONTRACTOR shall not be deemed to have violated this Section where such materials were commingled prior to collection by CONTRACTOR.

6.3.2 Processing
(a) Facility Selection . CONTRACTOR shall transport and deliver all Commercial Recyclable Material collected within the City to a Processing Facility. CONTRACTOR shall designate the Processing Facility for Recyclable Material, subject to CITY’s approval, which shall not be unreasonably withheld. If public health, safety and/or fiscal interest require, or compliance with Applicable Law necessitates, CITY may designate an alternate Facility at any time during the term of this Agreement. Prior to designating an alternative Facility, CITY shall give CONTRACTOR at least ninety (9 0) days advance written notification of its intention to do so, except in cases of emergency resulting in an imminent threat to public health and safety. As to 223 of 334
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any alternate Facility designation by CITY which results in increased expense to CONTRACTOR, CONTRACTOR shall be entitled to recover through a corresponding rate adjustment the full amount of the additional expense. In that event, the rate adjustment shall be implemented no later than thirty (30) days from the effective date of the designation and shall be applied retroactive to the date CONTRACTOR commenced use of the alternative Facility. Notwithstanding the foregoing, CONTRACTOR sh all not be entitled to a rate increase following CITY’s exercise of any alternative Facility designation rights hereunder where CITY’s decision to designate an alternative Facility results solely from the closure of a Facility owned and operated by CONTRACTOR.
(b) W eighing and Record Requirements . CONTRACTOR shall ensure that, at a minimum, all materials shall be weighed upon delivery to a Processing Facility and all weight and related delivery information recorded. CONTRACTOR shall make arrangements with the Processing Facility to allow CITY to review, during such facility’s normal operating hours, any recordings or video of tipping taken by others at the Facility. CONTRACTOR shall ensure that all scales shall be weigh master certified and regularly maintained to ensure reliability and continued functioning.
(c) Recyclable Materials Specifications. CITY is not responsible for the quality of Recyclable Materials delivered to or rejected by the Processing Facility. CITY makes no warranty, either express or implied, with respect to the Recyclable Materials, including but not limited to warranties of merchantability and fitness for a particular purpose. (d) Disposal of Residue .

CONTRACTOR shall dispose of any and all
residue remaining from the processing of Recyclable Materials and any non -processable materials in accordance with Applicable Law.

6.3.3 Compliance with G arbage and Refuse and C&D Diversion Ordinance s.

CONTRACTOR shall comply with the requirements of CITY’s Garbage and Refuse and C&D Debris diversion ordinances, as such ordinances may be adopted or amended, and shall assist customers with compliance by diverting solid waste and C&D Debris from the landfill to the maximum extent feasible and by providing receipts for all materials collected.

6.3.4 Marketing. CONTRACTOR shall market all Recyclables collected within the City to provide for the maximum waste diversion. Organics including Green Waste shall be processed to ensure diversion credit to the maximum extent feasible.

6.3.5 AB 341, A B 1826 & SB 1383 Compliance. CONTRACTOR shall cooperate with CITY in enforcing mandatory Recycling and Organic Waste required by Applicable Law .

CONTRACTOR shall provide any notices or information reasonably requested by CITY in enforcement of such requirements.

6.4 Anti-Sc
avenging Laws
CONTRACTOR shall cooperate with CITY in enforcing anti-scavenging laws. 224 of 334
Attachment “A”

16 Draft Franchise Agreement

6.5 Collection on Holidays
If the day of collection on any given route falls on a Holiday or a day on which the Disposal Facility utilized by CONTRACTOR is closed, CONTRACTOR may provide collection service for such route on the next workday following such holiday or Disposal Facility closure day or shall provide such collection service on such Holiday or Disposal Facility closure day, except that CONTRACTOR shall never provide collection s ervice (unless in case of emergency where such pickup is authorized by CITY) on New Year’s Day, Thanksgiving Day or Christmas Day, with the exception of those Customers requesting service on an as -needed basis. At CONTRACTOR’S option, CONTRACTOR may elect not to provide service on any Federal Holiday, including Memorial Day, the Fourth of July, Veterans Day, and Labor Day, so long as CONTRACTOR completes all routes missed on the Holiday before the following weekend. CONTRACTOR shall give at least 15 days’ advance notice to all of its Customers of all upcoming Holidays.

7. OTHER SERVICES OF CONTRACTOR

7.1 Co-O
peration
CONTRACTOR shall cooperate with CITY on any and all customary and reasonable waste composition studies, and as required by SB 1383 Regulations or other applicable laws.

7.2 H azardous Waste
CONTRACTOR shall use Reasonable Business Efforts to ensure the delivery of Hazardous Waste to a Hazardous Waste Facility, and to screen, identify and prevent against the disposal of Hazardous Wastes at any Processing Facility, Composting Facility or Disposal Facility used by CONTRACTOR under this Agreement. If CONTRACTOR inadvertently delivers materials to any Processing Facility, Composting Facility or Disposal Facility which comprise Hazardous Waste and CONTRACTOR cannot or fails to remove it, CONTRACTOR shall arrange for its proper disposal in accordance with Applicable Law. CONTRACTOR shall use Reasonable Business Efforts to recover the costs of such disposal from the Customer which generated such Hazardous Waste, if the Customer can be identified, and charge such cost to such Customer. If CONTRACTOR delivers Hazardous Waste to any Processing Facility, Green Waste Facility, Organic Waste Facility or Disposal Facility, CONTRACTOR shall promptly notify CITY, the local fire department, and the Kern County Health Department, providing the name, address, and telephone number of the collector and the facility or premises from which the Hazardous Waste was collected, the type and quantity of the Hazardous Waste, and the location and method of final disposition of Hazardous Waste.

7.3 R
eserved

17 Draft Franchise Agreement
Customers of such changes through a public awareness plan, which shall include direct mailings and/or local advertising, prior to the implementation of such changes.

7.5 C ommunity Relations Plan
CONTRACTOR shall use Reasonable Business Efforts to outreach and educate the public on the importance of recycling and separating Solid Waste in order to achieve maximum waste diversion. CONTRACTOR shall develop and implement a program of educational presentations and materials concerning the importance of recycling and diversion, proper techniques for Solid Waste disposal and recycling, and options for the disposal of Hazardous Waste. All community relations and promotional materials and related news releases shall be developed at CONTRACTOR’s sole cost and expense. An updated educational and marketing program shall be prepared for each fiscal year, and submitted to CITY’s City Manager no later than April 1 st. The
program for the 2022-23 fiscal year shall be submitted to CITY’s City Manager within sixty (60) days after the date this Agreement is approved by CITY. CONTRACTOR’s obligation under this section shall be in addition to any community outreach required by SB 1383 Regulations.

8. BILLING, PAYMENTS AND RATES

8.1 D irect Billing by CONTRACTOR
CONTRACTOR shall bill Customers monthly for the rates listed in Exhibit “ A” plus applicable Franchise Fees for completed services provided by CONTRACTOR. CONTRACTOR shall remit all Franchise Fees owed to CITY on all gross revenues received by CONTRACTOR during the prior month within 30 days of the end of the prior month. Should a Customer become more than ninety (90) days delinquent in payment from the date of the bill, the CONTRACTOR shall initiate collection efforts that may include phone calls, letters and, with CITY’S consent, assignment of the delinquent bill to a collection agency. The CITY shall require that the owners of any leased premises be responsible for payment of waste collection services at all Residential Premises.

At CONTRACTOR’S request, CITY may seek, in its reasonable discretion, to impose a refuse lien as part of the real property tax bill on any real property located in the City’s limits where the owner of such real property or his/her/its tenant has bills for solid waste collection and disposal services (including delinquent bills for services rendered by CONTRACTOR for the collection of Residential Recyclable Materials) that are more than one hundred twenty (120) day s overdue from the billing date.

8.2 Ra
tes
The CITY shall establish the maximum Rates allowed by this Agreement for all services provided under this Agreement. In the event that a service does not include a Rate in Exhibit “A”, CONTRACTOR shall not provide such service until a Rate is established by CITY. CONTRACTOR understands and agrees that any new Rate may require CITY to comply with Proposition 218 and other applicable law. Should CITY delay the requisite Proposition 218 notice or hold any related 226 of 334
Attachment “A”

18 Draft Franchise Agreement
public hearings so that the rate increase cannot go into effect by the January 1st adjustment date, CITY shall adjust the proposed rate to compensate CONTRACTOR for any such delay.

8.2.1 An nual Adjustment
In addition to other increases as provided herein, the maximum Rates may be adjusted up or down, using the methodology specifically set forth in Exhibit “ C” in establishing rates charged by CONTRACTOR for solid waste services provided. The first consideration for an annual increase will take place for the fiscal year commencing July 1, 2024. CONTRACTOR shall make each request by February 1 of each year and shall submit detailed information with each request to substantiate its claimed cost increases. CITY may reasonably request additional informatio n from CONTRACTOR. Subject to the limits contained in this paragraph, CITY may grant the adjustment if it finds that CONTRACTOR’s costs have increased by the amount indicated, and that CONTRACTOR is in compliance with every term of this Agreement. A grant of a rate adjustment shall be by resolution or ordinance following a public hearing concerning the proposed increase.

No adjustment granted by CITY shall exceed five percent (5%); provided, however, that if the rate adjustment determined pursuant to this A greement exceeds five percent (5%) in any given rate year and is limited to five percent (5%) by CITY , and the following years’ rate adjustment is less than five percent (5%), CITY shall carry forward the disallowed excess percentage rate increase over the 5% limit from the prior year and add it to the following year’s rate adjustment percentage, up to the 5% limit
The effective date of each annual adjustment granted by CITY shall be July 1, unless CITY requires more time to evaluate the information provide d by CONTRACTOR. However, CONTRACTOR understands and agrees that CITY may be required to comply with Proposition 218 and other applicable law granting rate increases. Should CITY delay the requisite Proposition 218 notice or hold any public hearings so that the rate increase cannot go into effect by the July 1st adjustment date, CITY shall adjust the proposed rate to compensate CONTRACTOR for any such delay.

CITY shall not be in breach of this Agreement if its residents lawfully delay or prevent CITY from raising or imposing the rates. In such event, CITY and CONTRACTOR shall meet in good faith to consider alternatives and options, which may include a reduction in CONTRACTOR’S services or permitting CONTRACTOR to terminate the Agreement without cause.

8.2.2 Sp ecial Rate Increase
CONTRACTOR shall be allowed to present to CITY a request for rate change due to unforeseen circumstances, which affects the costs of services provided the circumstances are beyond CONTRACTOR’s control. Any rate change will require CITY review and approval, which shall not be unreasonably withheld. Examples include substantial changes in law/regulations, fuel costs above normal market fluctuations (since CPI is only influenced partially by fuel costs), general costs above normal CPI changes, labor costs/insurance costs, changes in recycling markets etc. If CITY is unable to or does not grant CONTRACTOR’S request for a special rate adjustment that is reasonably justified, CITY and CONTRACTOR shall meet in good faith to 227 of 334
Attachment “A”

19 Draft Franchise Agreement
consider a reduction in CONTRACTOR’S services or permitting CONTRACTOR to terminate the Agreement without cause.

9. COLLECTION EQUIPMENT AND PRACTICES

9.1 N umber and Maintenance of Vehicles
CONTRACTOR shall provide an adequate number of vehicles and equipment for the collection, disposal and transportation services for which CONTRACTOR is responsible under this Agreement. All vehicles shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean, safe, and in good repair, shall keep all collected materials covered during transportation. Such vehicles shall be kept and maintained free from any leaks, including, without limitation, leaks of hydraulic oil, brake fluid, engine oil, fuel, or transmission fluid. CONTRACTOR’s name, phone number and vehicle number shall be visibly displayed on its vehicles in letters and figures no less than four inches (3”) high.

9.2 Alt
ernative -Fuel Vehicles
In providing services under this Agreement, CONTRACTOR shall comply in all respects with: (i) any applicable rule or regulation of the San Joaquin Valley Unified Air Pollution Contr ol District; (ii) the “Final Regulation Order” adopted by the California Air Resources Board regarding diesel particulate matter control measures for solid waste collection vehicles, including all implementing regulations, as they may be amended; and (iii) all other applicable rules, statutes, orders, or other forms of mandate issued or adopted by a government agency with jurisdiction over air quality. Upon request from CITY, CONTRACTOR shall provide records of all collection vehicles in service in the City, including fuel source and engine and chassis numbers. In addition to any indemnification obligations set forth elsewhere in this Agreement, CONTRACTOR shall defend, indemnify, and hold harmless CITY against any fines, penalties, losses, or claims arising out of CONTRACTOR’s failure to comply with this paragraph.

9.3 C
lean Collection Practices
CONTRACTOR shall not cause or permit the private property or CITY streets or property to be littered with trash or other debris because of CONTRACTOR’s activities under this Agreement. CONTRACTOR shall clean up any such trash or debris in the immediate vicinity of any Container and/or storage area that results from collection services under this Agreement. In the event of repeated litter not caused by CONTRACTOR directly, CONTRACTOR shall first notify the Customer and, if litter continues, CONTRACTOR may request CITY ’s assistance to rectify the situation.

10. PUBLIC ACCESS TO CONTRACTOR

20 Draft Franchise Agreement
hours for communication with the public at CONTRACTOR’S principal office. The representative shall, at a minimum, provide route maps and service information to the public. CONTRACTOR shall also maintain an automated customer service telephone number for use during other than normal business hours. CONTRACTOR shall respond to customer phone calls within one (1) business day.

10.2 Se rvice Complai nts and Dispute Resolution
CONTRACTOR shall record all complaints received (including date, name, address and nature of complaint). CONTRACTOR shall make all such records available for inspection by the City Manager or his designee during normal business hours, upon demand by the City Manager.

CONTRACTOR agrees to use its best efforts to resolve all such complaints within the business day next following the date on which such complaint is received.

CONTRACTOR shall document the action taken or other disposi tion made of each complaint. Such report shall be provided to CITY within forty-eight hours of a request.

If CONTRACTOR misses a scheduled pickup, it shall provide a special pickup within twenty- four (24) hours (Sundays and Holidays excepted) of notice thereof to CONTRACTOR at no charge to Customer or CITY.

The Customer making the complaint may appeal CONTRACTOR’s resolution to the City Manager within 30 days of the initial complaint. CONTRACTOR shall promptly make this appeal right known to the Customer ma king complaints. The City Manager shall make a determination within 7 days of receiving the appeal and provide a written copy of the resolution to CONTRACTOR and the Customer appealing CONTRACTOR’s complaint resolution.

In the event that the City Manager determines that CONTRACTOR has failed to render performance in accordance with the requirements of this Agreement, he or she may assess damages against CONTRACTOR and reduce payment otherwise due to CONTRACTOR accordingly.

CONTRACTOR shall in all cases be g iven a reasonable opportunity to remedy the defect in performance prior to such assessment of damages.

10.3 C
ustomer Information
CONTRACTOR shall not market, sell, convey, donate or disclose to any person or entity any list with the names or addresses of Custom ers or information regarding the composition or content of Customers’ waste unless authorized or required by Applicable Law, CITY or a court of competent jurisdiction.

11. OWNERSHIP OF ORGANICS, RECYCLABLE MATERIAL AND SOLID WASTE All Organics, Recyclable Material and Solid Waste collected pursuant to this Agreement shall be the property of the Customer until placed in a Container for collection pursuant to this Agreement. Except as provided in the next paragraph, ownership of the Organics, Recyclable Material and Solid Waste shall transfer to CONTRACTOR once it is deposited in Containers set out 229 of 334
Attachment “A”

21 Draft Franchise Agreement
at the collection point, or CONTRACTOR’s vehicles. CONTRACTOR is granted the right to collect, transport, process, recover, recycle, retain, market, dispose of or othe rwise use any such Organics, Recyclable Material and Solid Waste, or any part thereof, in any fashion, and retain all benefits or profits resulting therefrom. All Organics, Recyclable Material and Solid Waste shall be collected, transported, and disposed of in accordance with federal, state and local law.

On consideration of the foregoing provisions with respect to ownership of Organics, Recyclable Material and Solid Waste, CONTRACTOR shall maintain all records required by state and federal law regarding source generation, recycling and disposal of said materials, and in a form acceptable to CITY, and shall provide same to CITY upon request, but not less than once per year.

12. INSURANCE, INDEMNIFICATION AND PERFORMANCE BOND

12.1 I ndemnification of CITY

12.1.1 General Indemnification of CITY . CONTRACTOR agrees that it shall indemnify and hold harmless CITY, its officers, officials, employees, agents, assigns and any successor or successors to CITY’s interest, from and against any and all loss, liability, penalties, claims, demands, actions or suits, of every kind and description, whether or not involving a third party claim, to the extent arising or resulting from: (i) the alleged acts or omissions of CONTRACTOR in performance of this Agreement or non- performance of any obligation or duty of CONTRACTOR under this Agreement or under applicable law; (ii) the failure of CONTRACTOR, its agents, employees and/or subcontractors, to comply in all respects with the provisions and requirements of this Agreement; (iii) any breach o f any representation or warranty of CONTRACTOR contained in this Agreement; and (iv) any breach or violation of any covenant or other obligation or duty of CONTRACTOR under this Agreement or under Applicable Law.

CONTRACTOR shall, upon demand of CITY, at CONTRACTOR’S sole cost and expense, defend with an attorney chosen by CONTRACTOR, and reasonably acceptable to CITY , to defend CITY , its officers and/or employees against any and all claims, actions or suits in any legal proceedings, (whether judicial, quasi-judicial, administrative or legislative in nature) brought against CITY, its officers and/or employees arising or resulting from those situations described in (i) and (ii) above.

The indemnification and defense provided for under this section shall not be construed to limit the indemnity and defense set forth in the following subsection. This subsection shall survive the expiration of the period during which collection services are to be provided under this Agreement.

12.1.2 Indemnification of CITY Related to Waste Diversion Requirements . T o the
extent permitted by Public Resources Code Section 40059.1, and to the extent noncompliance is caused by CONTRACTOR’s breach of or noncompliance with a provision of this Agreement, CONTRACTOR agrees to protect and defend C ITY, with counsel selected by CONTRACTOR, and reasonably acceptable to CITY, and to indemnify and hold harmless CITY from and against all fines or penalties imposed by the California Department of Resources Recycling and Recovery if the diversion goals spe cified in the Public Resources Code are not met by CITY with respect to the Organics, Recyclable Material and Solid Waste collected by CONTRACTOR under this Agreement. 230 of 334
Attachment “A”

22 Draft Franchise Agreement
Upon receipt from the California Department of Resources Recycling and Recovery of a stipulated order of noncompliance with the diversion goals, which is caused by CONTRACTOR’s breach of or noncompliance with a provision of this Agreement, CITY may require CONTRACTOR to provide a performance bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000) until such time as compliance is attained.

If CITY finds that additional programs are necessary to meet any required diversion goals, CITY may require or CONTRACTOR may submit to CITY proposals for additional diversion programs to meet the diversion requirements. If necessary, CITY and CONTRACTOR shall enter into good faith negotiations, but if agreement regarding programs and/or rate adjustments cannot be reached, the matter shall be referred for non-binding mediation as set forth herein. If CITY and CONTRACTOR cannot reach agreement regarding programs and/or rate adjustments in order to meet required diversion goals through mediation , either CITY or CONTRACTOR may, within 90 days of CONTRACTOR’S submission of a proposal to CITY , refer the matter for binding arbitration to be resolved by an independent arbitrator mutually selected by CITY and CONTRACTOR, the costs of which shall be borne equally by CITY and CONTRACTOR. Both Parties shall, in good faith and in writing, promptly provide the independent mediator or arbitrator with any and all information and documentation required or requested by the independent arbitrator in order to make its determination. The independent arbitrator shall make its determination based on the submissions of the Parties, the provisions of this Agreement, its experience with similar services and disputes, and other factual determinations it may make regarding the matter in dispute. Such determination shall be made within thirty (30) days following the conclusion of the arbitration hearing unless the Parties agree to a later date or ninety (90) days after the referral, whichever is sooner, and shall be binding upon the Parties as though made a lawful amendment to this Agreement.

12.1.3 H
azardous Waste Indemnification of CITY . CONTRACTOR shall indemnify, defend with counsel selected by CONTRACTOR and reasonably approved by CITY, protect and hold harmless CITY from and against all claims, actions, damages or liabilities paid, incurred or suffered by, or asserted against, CITY arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, respon se, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste at any place where CONTRACTOR delivers, stores, processes, recycles, composts or disposes of materials or wastes to the extent that such liabilities are caused by CONTRACTOR’s negligence or willful misconduct. Nothing in this Section shall be construed to require CONTRACTOR to indemnify CITY for liabilities caused by the sole negligence of CITY

23 Draft Franchise Agreement
expenses (including but not limited to attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, CITY or its officers, employees or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste at any place where CONTRACTOR transports or temporarily stores Organics, Recyclable Material and Solid Waste prior to delivery to the Processing or Disposal Facility The foregoing indemnity is intended to and shall be construed to operate as an agreement pursuant to Section 107(c) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA”, 42 U. S.C. Section 9067(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify CITY from liability.

12.1.5 L
imitations; Conflicts; Survival. No indemnity or defense obligation of CONTRACTOR under this Agreement shall apply to any claims, costs, or damages to the extent arising out of the active negligence or willful misconduct of CITY, its agents, employees, officers and contractors. CONTRACTOR’S indemnity and defense obligations under this Agreement shall not be limited by insurance proceeds, if any. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise reasonably find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimbu rse CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay CITY any final judgment rendered against CITY Indemnitees. It is expressly understood and agreed that CONTRACTOR’s indemnity and defense obligations under this Agreement are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

12.2 Insurance
CONTRACTOR shall obtain and shall require its subcontractors to obtain insurance of the types and in the amounts described below and satisfactory to CITY.

12.2.1 C ommercial General Liability Insurance .

CONTRACTOR shall maintain time of occurrence based commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or be no less than two times the occurrence limit. Such insurance shall:
(a) Name CITY, its officials, officers, employees, agents, and consultants, as insureds with respect to performance of services under this Agreement.

Such insured status shall contain no special limitations on the scope of its protectio n to the above listed insureds.
232 of 334
Attachment “A”

24 Draft Franchise Agreement
(b) Be primary with respect to any insurance or self -insurance programs covering CITY, its officials, officers, employees, agents, and consultants. (c) Contain standard separation of insureds provisions.

12.2.2 B usiness Automobile Liabilit y Insurance.

CONTRACTOR shall maintain business automobile liability insurance or equivalent form with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non-owned automobiles.

12.2.3 Wo r kers’ Compensation Insurance.

CONTRACTOR shall maintain workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000 per accident.

12.2.4 P ollution Control Insurance .

CONTRACTOR shall purchase and maintain in force for the duration of the Agreement term insurance for pollution legal liability applicable to bodily injury; property damage, cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any loss arising from the transporter’s activity under this Agreement. Coverage shall be maintained in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $2,000,000 for claims arising within t he City. If coverage is written on a claims -made basis, CONTRACTOR warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Agreement, and that continuous coverage will be maintained or an extended disc overy period will be exercised for a period of three years beginning from the time that work under this Agreement is completed.

12.2.5 C
ertificates/Insurer Rating/Cancellation Notice .
(a) CONTRACTOR shall, prior to commencement of
services under this Agreement, furnish to CITY properly executed certificates of insurance, and certified copies of endorsements, and policies if requested by CITY, which shall clearly evidence all insurance required in this Section. CONTRACTOR shall not allow such insurance to be canceled or be materially reduced in coverage except on 30 days’ prior written notice to CITY.
(b) CONTRACTOR shall maintain such insurance from the time the services under this Agreement commence until the services are completed, except as may be otherwise required by this Section.
(c) CONTRACTOR shall place insurance with insurers having an A.M.

Best Company rating of no less than A: VIII and licensed to do business in California. 233 of 334
Attachment “A”

25 Draft Franchise Agreement
(d) CONTRACTOR shall replace certificates, policies and endorsements for any insurance expiring prior to completion of the services.

12.3 R ights of Subrogation
All required insurance policies must preclude any underwriter’s rights of recovery or subrogation against CITY with respect to matters related to CONTRACTOR’s performance of its obligations under this Agreement, with the express intention of the Parties being that the required insurance coverage protects both Parties as the primary coverage for any and all losses covered by the above -described insurance. CONTRACTOR must ensure that any c ompanies issuing insurance to cover the requirements contained in this Agreement agree that they will have no recourse against CITY for payment or assessments in any form on any policy of insurance.

The clauses ‘Other Insurance Provisions’ and ‘Insured Duties in the Event of an Occurrence, Claim or Suit’ as it appears in any policy of insurance in which CITY is named as an additional insured will not apply to CITY.

12.4 P
erformance Bond
Prior to execution of this Agreement , CONTRACTOR shall deposit with CITY either a letter of credit or a performance bond (collectively referred to as the “Performance Bond”) in the amount of $50,000. The Performance Bond shall serve as security for the faithful performance of CONTRACTOR of all of the provisions and obligations o f this Agreement. The Performance Bond shall contain terms acceptable to CITY. If CONTRACTOR deposits a letter of credit with CITY, interest, if any, relating to any cash deposits that may exist with regard to that letter of credit shall accrue to CONTRACTOR.

13. TERMINATION AND OTHER REMEDIES

13.1 T
ermination
CITY may, by written notice to CONTRACTOR, elect to terminate the whole or any part of this Agreement at any time as a result of a material breach of this Agreement by CONTRACTOR by giving written notice to CONTRACTOR of such termination and describing in detail the material breach, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. Upon receipt of a notice of termination, CONTRACTOR shall have sixty (60) days to cure or correct the material breach of this Agreement noted by CITY. During the 60- day cure period, CONTRACTOR shall have the right to a hearing before the City Council to discuss the alleged violation and proposed termination, provided that CONTRACTOR’S request for a hearing is made in sufficient time to schedule a hearing at a regular meeting of the City Council falling within the 60-day cure period.

If the violation has not been cured or corrected within the 60 -day cure period, CITY may proceed with the termination of this Agreement on the noticed date. Upon termination,

CONTRACTOR shall be compensated only for those services which have been adequately rendered to CITY, and CONTRACTOR shall be entitled to no further compensation. Upon 234 of 334
Attachment “A”

26 Draft Franchise Agreement
termination, CITY shall be entitled to damages caused by such violation and the resulting termination, including, but not limited to the liquidated damages provided for in Section 14 of this Agreement. Notwithstanding the 90 -day pre -termination notice requirement described above, if, in CITY’s determination (which determination may be made in the sole and absolute discretion of CITY), the violation endangers public health, safety or welfare, termination may be effective immediately.

13.2 R
emedies Not Exclusive
The rights and remedies of CITY under this Agreement, including the right to make a claim under the Performance Bond deposited with CITY by CONTRACTOR for reimbursement of any costs borne or damages incurred by CITY as a result of a default by CONTRACTOR under this Agreement and the right to perform during an emergency, shall be in addition to any and all other rights and privileges CITY may have, and shall not be deemed to limit any such other rights or privileges of CITY under this Agreement or by virtue of any law.

13.3 P
rocurement of Services Following Termination
In the event this Agreement is terminated in whole or in part as provided in this Section, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

14. LIQUIDATED DAMAGES

14.1 G
eneral
CITY finds, and CONTRACTOR agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by CITY as a result of a breach by CONTRACTOR of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that franchised services might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches.

14.2 P
erformance Standards; Liquidated Damages for Failure to Meet Stand ards The Parties further acknowledge that consistent, reliable collection service is of utmost importance to CITY and that CITY has considered and relied on CONTRACTOR’s representations 235 of 334
Attachment “A”

27 Draft Franchise Agreement
as to its quality of service commitment in awarding the Franchise to i t. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if CONTRACTOR fails to achieve the performance standards, or fails to submit required documents in a timely manner, CITY and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which CITY will suffer. Therefore, without prejudice to CITY’s right to treat such non-performance as an event of default, the Parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to CI TY that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.

• Spill of leakage of oil, hydraulic fluid, coolan t, or fluid from any collection vehicle used by CONTRACTOR in the performance of solid waste collection services under this Agreement which causes a stain of 0.5 square feet or greater.

CONTRACTOR agrees to pay to CITY (as liquidated damages and not as a penalty)the sum of Two Hundred Dollars ($200) for each occurrence of any the following breaches by CONTRACTOR of its obligations under this Agreement if CONTRACTOR fails to correct such breach or breaches within one calendar month of its receipt of notice from CITY of such breach or breaches:
• Excessive noise;
• Discourteous behavior to a Customer:

28 Draft Franchise Agreement
• Failure to commence service to a new Customer within seven (7) days after receipt of the order;
• Failure to collect Recyclable Material, Organics, or Solid Waste which has been properly set out (i.e., not overfilled or contaminated) for collection within 24 hours of the scheduled co llection day after CONTRACTOR’S receipt of notice of the missed collection; or
• Collecting Recyclable Material, Organics or Solid Waste outside of normal collection hours;

14.3 P rocedure for Assessment of Liquidated Damages
CITY may assess liquidated damages for each calendar day or event, as appropriate, that CONTRACTOR is determined to be liable in accordance with this Agreement. Prior to assessing liquidated damages, CITY shall give CONTRACTOR notice of its intention to do so. The notice will include a brie f description of the violation or incident of non- performance. CONTRACTOR may review (and make copies at its own expense) all information in the possession of CITY relating to the violation or incident of non- performance. CONTRACTOR may, within ten (10) da ys after receiving the notice, request a meeting with CITY. CONTRACTOR may present evidence in writing and through testimony of its employees and others relevant to the violation or incident of non- performance. CITY will provide CONTRACTOR with a written e xplanation of its determination as to each violation or incident of non- performance prior to authorizing the assessment of liquidated damages. The decision of CITY shall be final, subject to CONTRACTOR’S right to appeal the decision to the City Council within thirty (30) of the decision.

14.4 T
iming of Payment
CONTRACTOR shall pay any liquidated damages assessed by CITY within thirty (30) days after they are assessed. If they are not paid within the thirty (30) day period, CITY may proceed against the performanc e bond required by the Agreement or order the termination of the Franchise granted by this Agreement, or both.

15. GENERAL PROVISIONS

15.1 Fo rce Majeure
CONTRACTOR shall not be in default under this Agreement in the event that the collection, transportation, processing and/or disposal services of CONTRACTOR are temporarily interrupted or discontinued for any of the following reasons: riots, wars, civil disturbances, insurrections, epidemics, hurricanes, earthquakes, floods, acts of God, government orders and regulations, or other similar catastrophic events which are beyond the reasonable control of CONTRACTOR. It is specifically understood that “other catastrophic events” include strikes, lockouts and other labor disturbances. When any of these events interrupt coll ection, transportation, processing and/or disposal of Organics, Recyclable Material or Solid Waste by CONTRACTOR as required under this Agreement, CITY may elect to exercise its rights under Section 13.
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29 Draft Franchise Agreement

15.2 Independent Contractor
It is expressly understood and agreed that CONTRACTOR shall perform all work and services described as an independent contractor and not as an officer, agent, servant or employee of CITY; that CONTRACTOR shall have the exclusive control over the details of the services and work performed hereunder and all persons performing the same; that CONTRACTOR shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any; and that nothing shall be construed as creating a partnership or joint venture between CITY and CONTRACTOR. Neither CONTRACTOR nor its officers, employees, agents or subcontractors shall obtain an y rights to retirement benefits, workers’
compensation benefits or any other benefits which accrue to CITY employees.

15.3 L aw to Govern ; Venue
It is understood and agreed by the Parties that the law of the State of California shall govern the interpretation of this Agreement. The Parties agree that any litigation between CITY and CONTRACTOR concerning or arising out of this Agreement must be filed and maintained exclusively in the Superior Courts of Kern County, State of California, or in the United States District Court for the Eastern District of California to the fullest extent permissible by law. Each Party consents to service of process in any manner authorized by California law.

15.4 Fe
es and Gratuities
CONTRACTOR shall not, nor shall it permit any agent, emplo yee or subcontractor employed by it to request, solicit, or demand either directly or indirectly, any compensation or gratuity for the collection of Solid Waste otherwise required to be collected under this Agreement. CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it to accept any monetary compensation or gratuity for the collection of Solid Waste otherwise required to be collected under this Agreement.

15.5 Ame
ndment
Except as may otherwise be specifically provided in this Agreement, this Agreement may be amended or modified only by a written agreement duly authorized and executed by both CITY and CONTRACTOR.

15.6 As
signment and Transferability; Subcontracting
Except as provided in Section 16.5 , this Agreement is not assignable or transferable in whole or in part by CONTRACTOR, voluntarily, involuntarily, or by operation of law or otherwise except by written amendment to this Agreement signed by both Parties. In addition, the services to be performed by CONTRACTOR pursuant to this Agreement shall not be subcontracted to any third party without the written consent of CITY. Any request made to CITY by CONTRACTOR for approval of an assignment or transfer of this Agreement shall be accompanied by a non - refundable deposit in the amount of $10,000 to cover CITY’s costs, including attorneys’ fees, in 238 of 334
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30 Draft Franchise Agreement
evaluating the proposed assignee or transferee and the potential benefit or detriment to CITY of the proposed assignment or transfer.

The sale, transfer, assignment or hypothecation of a majority ownership interest in CONTRACTOR after the Effective Date of this Agreement, including a cumulative sale, transfer, assignment or hypothecation, shall be deemed an assignment within the meaning of this Section and is prohibited in the absence of a written amendment to this Agreement.

Any dispute between CITY and CONTRACTOR with respect to a determination of whether a sale, transfer, assignment, subcontracting, or hypothecation of a number of shar es or other units of ownership in CONTRACTOR has occurred or will occur shall be subject to reference pursuant to Code of Civil Procedure Section 638, et seq . with the presiding judge of the Kern County Superior Court.

15.7 C
ompliance with Applicable Law
CONTRACTOR agrees that it will comply with all provisions of the Applicable Law, including CITY’s business license ordinance, and will obtain all licenses and permits, and pay all taxes and fees, required under the Applicable Law.

15.8 N
otices
All notices, demands, requests, consents or other communications which this Agreement contemplates, authorizes, requires or permits either Party to give to the other, shall be in writing and shall be personally delivered; or sent by overnight mail, delivery service, or registere d or certified mail, postage prepaid, return receipt requested; all addressed to the respective Party as follows:

To CITY: City of Wasco
746 8
th St
Wasco, CA 93280
Attention: City Clerk, [email protected]
Fax: 661-758-5411
Copy to:

City of Wasco Public Works
801 H St
Wasco, CA 93280
[email protected]
Fax: 661-758-5411
Attention: Luis Villa

To CONTRACTOR: American Refuse, Inc.
1316 J Street
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31 Draft Franchise Agreement
Wasco, CA 93280
Attention: Jeff Martin
or to such other address as either Party may from time to time designate by notice to the other given in accordance with this Section. Such notice shall be deemed effective on the date personally served or, if mailed, three (3) days from the date such notice is deposited in the mail.

15.9 Sav ings Clause and Entirety
If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement.

15.10 At torneys’ Fees
In the event of any claim or action or proceeding brought by either Party against the other under or in connection with the subject matter of this Agreement, the prevailing Party shall be entitled to recover from the losing Party as part of the judgment in such action all reasonable costs, expenses, and attorneys’ fees, including those costs, expenses and attorneys’ fees incurred in defending any counterclaim or cross -complaint brought in such action and incurred in any appeals, all in such amount as the court shall judge reasonable.

15.11 E ntire Agreement
This Agreement supersedes any previous agreements either oral or written by the Parties and represents the entire understanding between the Parties.

15.12 R ights of City to Perform During Emergency
Should CONTRACTOR, for any reason whatsoever, including the occurrence or existence of any of the events or conditions set forth in Section 15.1, fail, refuse or be unable to collect, transport, process and dispose of any or all of the Organics, Recyclable Material or Solid Waste for which it is obligated under this Agreement to collect, transport and dispose of for a period of more than forty-eight (48) hours, and if as a result thereof Organics, Recyclable Material or Solid Waste should accumulate in CITY to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety
or welfare, then in such event CITY shall have the right, in addition to any other rights under this Agreement or pursuant to law, upon twenty-four (24) hour prior written notice to CONTRACTOR, or without such notice should CITY determine that a further delay would endanger the health, safety, and welfare of CITY residents during the period of such emergency, to take possession of any or all equipment of CONTRACTOR previously used in the collection, transportation, processing and disposal of Organics, Recyclable Material or Solid Waste or which CONTRACTOR would otherwise be obligated to collect and transport pursuant to this Agreement. CONTRACTOR agrees that in such event it will fully cooperate with CITY to affect such a transfer of possession for CITY’s use. CONTRACTOR agrees that, in such event, CITY may take possession of all and use 240 of 334
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32 Draft Franchise Agreement
all of said equipment and facilities without paying CONTRACTOR any rental or other charge, provided that CITY agrees that, in such event, it assumes responsibility for the proper and normal use of such equipment and facilities.

CONTRACTOR further agrees that, in such event, it shall reimburse CITY for any and all costs and expenses, including the cost of CITY employees and/or third -party laborers in the performance of emergency services pursuant to this Section, incurred by CITY in taking over possession of the above mentioned equipment and facilities in such manner and to the extent that would otherwise be required of CONTRACTOR under the terms of this Agreement. CITY shall first subtract such reimbursement costs from compensation otherwise due CONTRACTOR under this Agreement,
and to the extent such costs exceed those due CONTRACTOR, an itemized statement of costs and expenses shall be submitted for reimbursement to CONTRACTOR. To facilitate reimbursement of costs and expenses to CITY, CONTRACTOR agrees to assign its right to receive payment from its Customers for services rendered pursuant to this Agreement to the extent that such services have been rendered to said Customers by CITY and further agrees to allow CITY to collect such payments directly from the Customers. CITY agrees that it shall relinquish possession of all of the above -mentioned property to CONTRACTOR upon written notice from CONTRACTOR to the effect that it is able to resume its responsibilities under this Agreement. It is agreed that CITY’s exercise of its rights under this Section shall not affect Section 12 of this Agreement.

15.13 C
ontractor’s Assurances of Adequate Capacity and Equipment CONTRACTOR warrants that it has and will maintain, directly or by contract, sufficient equipment and personnel to provide all services under this Agreement.

15.14 R ecitals
The Recitals set forth above are hereby incorporated by this reference.

16. REPORTING, ACCOUNTING AND AUDITING

16.1 D aily
CONTRACTOR shall maintain and make available to CITY , upon request, daily reports containing detailed audit information including, the number of tons of Organics, Recyclable Material or Solid Waste collected from Customers and delivered to the Processing Facility Composting Facility , or Disposal Facility and the route number, the vehicle number and CONTRACTOR’s weight ticket for each load disposed or processed. Collection of Recyclable Materials shall be summarized by commodity and the amount collected. CONTRACTOR will provide CITY with daily reports within five (5) business days of CITY’s request.

16.2 Mo nthly
CONTRACTOR shall submit written monthly reports , on or before the close of the following month, to CITY totaling the information contained in the daily reports. 241 of 334
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33 Draft Franchise Agreement

16.3 Annual
CONTRACTOR shall submit annual reports to CITY on or before June 1 of each year totaling the information contained in the monthly reports for the year. CONTRACTOR shall cooperate fully with CITY’s AB 939 and SB 1383 Regula tions reporting requirements by providing CITY with requested information within a reasonable time of CONTRACTOR’s receipt of CITY’s request, but in no event longer than fifteen (15) days after such receipt. Upon request, CONTRACTOR shall make an oral presentation of the annual report to the City Council of CITY at the City Council meeting specified by CITY.

16.4 Ad ditional Information
CONTRACTOR shall use Reasonable Business Efforts to incorporate into the reports required by this Section 16 any additional information requested by CITY . CONTRACTOR shall incorporate into such reports any new reporting information required by Applicable Law.

16.5 Af filiated Companies
CONTRACTOR shall promptly notify CITY of any contracts or informal arrangements between CONTRACTOR and Affiliated Companies related to providing services under this Agreement.

16.6 Ma
intenance and Audit of Records
CONTRACTOR shall accurately maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents relating to this Agreement, or performance under this Agreement, including routing, complete list of Customers, level of Customer’s services, Customer complaints, employee training, inventory, maintenance logs, etc. (“Records”) for the term of this Agree ment plus two (2) years, or any longer period required by Applicable Law. CONTRACTOR shall maintain complete accounting records pertaining to cash receipts, billing and disposal records (“Accounting Records”) prepared on an accrual basis in accordance with generally accepted accounting principles for at least three (3) years following the close of CONTRACTOR’s fiscal year. CONTRACTOR shall maintain the Accounting Records in a manner that allows for the separate identification of all revenues associated with providing services hereunder and such revenues shall not be combined, consolidated or in any other way incorporated with those of other operations conducted by CONTRACTOR in locations other than the City.

34 Draft Franchise Agreement
direct bills, CONTRACTOR shall repay such underpayment, together with interest at the rate of seven percent (7%) computed from the date of underpayment, and shall further reimburse CITY for the entirety of CITY’s audit costs, including, without limitation, CITY’s auditor’s costs and expenses, CITY’s internal costs and expenses, and CITY’s legal and other third party expenses. If such audit discloses a Franchise Fee underpayment of less than five percent (5%), CONTRACTOR shall repay such underpayment, together with interest at the rate of seven percent (7%) computed from the date of underpayment, but CITY shall bear its audit costs.

16.7 C
onfidentiality
Any report from the Auditor to CITY resulting from the auditor’s review of CONTRACTOR’s records shall be distributed in such a way as to protect the confidential nature of any proprietary information of CONTRACTOR, to the extent permitted by law. The report shall be limited to a letter of compliance relating to the adequacy of the accounting procedures, verification of increases or decreases in CONTRACTOR’s costs, and verification that the proper administration and franchise fees are being paid, and shall not set forth CONTRACTOR’s actual operating results.

The Auditor shall also make such recommendations as it deems necessary as to the adequacy of CONTRACTOR’s data collection methods, and as to the availability and sufficiency of the information, including direct, indirect and joint costs, with respect to any request by CONTRACTOR for increased compensation, and shall furnish CITY with its opinion as to whether an increase or decrease is supported and justified by CONTRACTOR’s records. 243 of 334
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35 Draft Franchise Agreement
Executed:

CONTRACTOR,
a California Corporation

CITY OF WASCO,
a California Municipal Corporation
By: By:

Jeff Martin, President Vincent Martinez
Mayor

ATTEST
By:

M. Scott Hurlbert
City Manager
By:

Maria O. Martinez
City Clerk

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EXHIBIT A

SERVICE RATES

Commercial and MFD Fees - Recycling
Commercial 96-gal Recycle $27.06 $3.01 $30.07
Every Other Week Blue 3yd $58.83 $6.54 $65.37
Every Other Week Blue 6yd $86.44 $9.60 $96.04
Weekly Blue 3 yd 1x per week $102.56 $11.40 $113.96
Weekly Blue 3 yd 2x per week $205.13 $22.79 $227.92
Weekly Blue 3 yd 3x per week $307.69 $34.19 $341.88
Weekly Blue 6 yd 1x per week $151.34 $16.82 $168.16
Weekly Blue 6 yd 2x per week $302.69 $33.63 $336.32
Weekly Blue 6 yd 3x per week $454.03 $50.45 $504.48
Bin & MFD Contamination/Go-Back/Overfill
Fee/Pick-up *per occurrence for 96-gal Recycling $12.00 $1.33 $13.33 Bin & MFD Contamination/Go-Back/Overfill
Fee/Extra Pick-up *per occurrence $36.00 $4.00 $40.00
Commercial and MFD Fees - Organics
Weekly 96-gal cart 1x per week $34.58 $3.84 $38.43
Weekly 96-gal cart 2x per week $69.17 $7.69 $76.85
Cart Contamination/Go-Back/Overfill Fee *per
occurrence $11.10 $1.23 $12.33
Weekly 2yd bin 1x per week $139.32 $15.48 $154.80
Weekly 2yd bin 2x per week $278.65 $30.96 $309.61
Bin & MFD Contamination/Go-Back/Overfill
Fee/Extra Pick-up *per occurrence for 96-gal
Recycling
$24.00 $2.67 $26.67
Bin & MFD Contamination/Go-Back/Overfill
Fee/Extra Pick-up *per occurrence $42.00 $4.67 $46.67
40 Yard Open Top Roll Off Services
Delivery $35.52 $3.95 $39.46
Per dump $267.30 $29.70 $297.00
Rental per month $229.30 $25.48 $254.78
Per hour roll-off truck charge $149.21 $16.58 $165.79
Roll off compactor service $327.00 $36.33 $363.33
Staff and Personnel Charges
Hourly staff rate (audits above scope of services) $54.00 - $54.00 Other Special Rates
Account Restart Fee $28.75 $3.19 $31.94
Bin Delivery Fee (Except New Service) $57.50 $6.39 $63.89 Cart Replacement $109.25 $12.14 $121.39
Cart Redelivery Fee $28.75 $3.19 $31.94
Certification (Customer Required) per hour $54.00 - $54.00 Gravity Bin Service Fee (Per Month) $8.45 $0.94 $9.39
Individually Dispatched Bin Service (Per Visit) $42.00 $4.67 $46.67 Install Gravity Lock $172.50 $19.17 $191.67
Manually Rolling Bins (Per Month) $8.05 $0.89 $8.94
Packer Truck Rental (Per Hour) $178.25 $19.81 $198.06
Service Item AMR COST TOTAL FEE10% FRANCHISE FEE
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EXHIBIT B

SPECIAL WASTES
• Flammable waste.
• Containerized waste (e.g., a drum, barrel, portable tank, pair, etc.). • Waste from a pollution control process.
• Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other special wastes.
• Contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation or disposal of any other special wastes.
• Dead animals.
• Explosive substances.
• Radioactive materials.
• Materials which have been exposed to highly infectious or contagious diseases. • Medical waste as defined by State and Federal agencies. • Sludge waste.
• Waste motor oil.
• Asbestos, including friable materials that can be crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances, which may be a Hazardous Waste if it contains more than one percent asbestos.
• Ash residue from the incineration of Infectious Waste described below. • Hazardous Wastes, explosives, ordnance, highly flammable substances and noxious materials.
• Industrial byproducts, including cement kiln dust, ore process residues and grit or screening removed from a wastewater treatment facility. • Infectious wastes which have disease transmission potential and are classified as Hazardous Wastes by the State Department of Health Services, including pathological and surgical wastes, medical clinic wastes, wastes form biological laboratories, syringes, 246 of 334

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needles, blades, tubings, bottles, drugs, patient care items such as linen or personal or food service items from contaminated areas, chemicals, personal hygiene wastes. • Liquid wastes which are not spadeable, usually containing less than fifty percent solids, including food processing wastes, landfill leachate and gas condensate, boiler blowdown water, grease trap and septic tank pumpings, oil and geothermal field wastes, rendering plant byproducts, sewage sludge, and those liquid wastes which may be Hazardous Wastes.
• Radioactive wastes under Chapter 7.6 (commencing with Section 25800) of Division 20 of the California Health and Safety Code, and any waste that contains a radioactive material, the storage or disposal of which is subject to any other State or federal regulation. • Sewage sludge comprised of residue produced by humans (not industrial), removed from a wastewater treatment facility or septic tank, whether in a dry or semidry form • Wastes designated from time to time by the CalRecycle. 247 of 334

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EXHIBIT C

RATE ADJUSTMENT METHODOLOGY

1. General
Subject to the terms herein, the Contractor may request, but is not entitled, to an annual adjustment of all Rates. Each Rate, excluding special charges, will be subject to a "Rate Adjustment Factor" that is based on a “Consumer Price Index for Trash and Garbage Component” which is annually adjusted.

Changes in Rates are subject to approval with properly noticed protest hearings and the process requires a substantial amount of time. Therefore, the RAF will be based on the data from the previous calendar year as noted in the example below.

2. Calculation
The adjustment to the Rates will be made using the following methodology:

Step 1: Determine the "Rate Adjustment Factor" or "RAF". The RAF shall be the annual percentage change of the CPI for Garbage and Trash Collection, rounded to the nearest tenth percent. The Rate Period will be a 12 -month period based on calendar years, commencing January 1 and concluding December 31.

Reference: Bureau of Labor Statistics, CPI for All Urban Consumers, Garbage and Trash Collection, Series ID: CUUR0000SEHG02
(https://data.bls.gov/timeseries/CUUR0000SEHG02)
For example:

To determine the RAF to be used in calculating Rates for Fiscal Year 2023-2024 (July 1, 2023 – June 30, 2024):
a) Since Fiscal Year 2023-2024 will not be completed at the time when the new Rates are to be calculated, data from Calendar Year 2022 will be used. • Sum of all monthly CPIs beginning with January 2022 and ending with December 2022 / 12 = Annual CPI = 549.334 (see table)
b) Compare to the prior Calendar Year to determine the percentage change in the CPI.
• Sum of all monthly CPIs beginning with January 2021 and ending with December 2021 / 12 = Annual CPI = 522.329 (see table)
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c) Calculate the percentage change to determine the RAF to be used to calculate the Rates for Fiscal Year 2023-2024.
• RAF = ((549.334-522.329) / 522.329) * 100= 5.2%
Step 2: Calculate the adjusted Rate, rounded to the nearest cent, for each Rate as follows , not to exceed 5%.:

Adjusted Rate = Then-current Rate x (1 + RAF)
For example, assuming:

1. Then-current Rate = $50.00

2. Rate Adjustment Factor = 5%

3. Adjusted Rate = $50.00 x (1 + 0.05) = $ 52.50
Step 3: In the event the RAF is greater than 5%, the percent of increase not applied to the then rate will be carried over to the following year’s rate adjustment.

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Average Annual
Percentage
Change
2021 512.722 517.270 518.505 518.579 516.440 517.202 521.185 524.408 529.934 530.114 529.053 532.538 522.329 2022 533.078 538.313 540.719 542.564 544.546 547.554 548.187 548.706 558.254 561.090 563.816 565.185 549.334 5.2% 249 of 334

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EXHIBIT D

CONTAINER CONTAMINATION PROTOCOLS
CONTRACTOR will make every effort to train drivers to identify contamination and deploy a cart inspector that will conduct periodic route inspections where bins will be checked for contamination. Should CONTRACTOR identify instances of contamination of bla ck, blue and/or green containers by residential, multi family or commercial customers receiving bin or cart service, it will document the contamination through the use of film or digital photography.

CONTRACTOR will place a non -collection tag on the container explaining the type of contamination present and instructions for removal of the contamination. Once the contamination is removed, the container will be collected on the next scheduled pick -up day.

Alternatively, customer may call and request pick -up of the container. If the customer requests pick-up of the container within the same collection week an extra collection fee, per the approved rates, will be charged to the customer.

The CONTRACTOR will present evidence of contamination to CITY , where CITY may provide that to the customer.
(1) The first incident of contamination will be treated as an opportunity to educate the customer on appropriate placement of materials. The container will not be collected until the contamination is corrected.
(2) Customers will also be informed that CITY will charge a contamination fee, per the approved rates, on the second offense. Customer will be required to correct the contamination before the container may be serviced on the next collection day. (3) Where such evid ence was presented to the customer, and CONTRACTOR documents a third instance of contamination, CONTRACTOR is authorized to fine customers per the approved service rates. CONTRACTOR will provide CITY’s contract manager with written notification of the fine.

Protocol on Container Overfilling
CONTRACTOR will make every effort to ensure the collection of materials does not result in litter.

Overfilled containers can result in litter and are an indication of inadequate service. Where CONTRACTOR identifies instances of overfilling of containers by residential, multi family or commercial customers receiving bin or cart service, it will document the overfilling through the use of film or digital photography.
(1) The first incident of overfilling will be treated as an opportunity to educate the customer on overfilling.
(1a) If the container cannot be collected safely CONTRACTOR will place a non -collection tag explaining it is overfilled and instructions for how to remedy the container. Once the 250 of 334

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container is ready for pick-up, the customer may call and request pick-up and be charged an additional pick-up fee if customer requires pick-up in the same collection week. (1b) If the container can be serviced, CONTRACTOR will pick -up the container, where the photo of the ov erfilled container will be provided to CITY , where CITY will contact the customer.
(2) The customer will be educated by CITY on the incident of overfilling and may be charged an overage fee on the second offense.
(3) Where such evidence was presented to the customer, and CONTRACTOR documents a third instance of overfilling, CONTRACTOR is authorized to charge an overage fee and deliver the next larger sized container to the customer. The service rate will be adjusted to the rate then in effect for the next larger size container. If a customer requests CONTRACTOR to dump the extra materials, or contaminated materials, within the same collection week an additional pick -up will be charged. CONTRACTOR will provide CITY ’s contract manager with written notificati on prior to delivering the next larger size container and adjusted the service rate.
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EXHIBIT E

OPERATIONS PROTOCOLS

1316 “J” Street, Wasco, Ca 93280 (661) 758- 5316

Exhibit E describes the scope and operations for commercial organics and recycling collection and for roll- off services that American Refuse (AMR) will conduct in the City of Wasco (City).

Commercial Recycling and Organics Operations
AMR will collect recyclables and organics from commercial customers using automated side -loader, automated front loader, and roll -off collection trucks, Commercial customers include all businesses and multi-family residential premises with more than five separate living units. Recycling containers will be collected at least once per week. Organic containers will be collected at least once per week. AMR drivers are trained to safely collect containers and pick up any litter that may result from the collection operations.

Containers will be returned to their collection spot upright with lids closed. The materials will be taken to approved processing locations where recyclable materials will be sorted by commodity type and sent to end markets. Organics will then be delivered fo r composting, anaerobic digestion, or other approved organic diversion facility.

AMR will conduct all roll-off services, to include residential and commercial customers, for the collection of recycling, organics, construction and demolition (C&D), and solid wastes.

Holiday Collection
In the event the collection route falls on a Holiday, or a day that the recyclable processing location is closed, the collection route will occur on the next workday. Holidays include New Year’s Day, Thanksgiving Day, and Christmas Day. Additionally, should the processing location be closed, holidays may also include Memorial Day, Fourth of July, Veterans Day, and Labor Day.

Containers
AMR will provide 96-gallon carts and 2-3- and 6- cubic yard containers for the collection of either recycling or organic materials for commercial customers. Containers will be appropriately colored (blue or green) to designate if they are for recycling or organic materials and all recycling containers will have labels that will include text and picture summaries of items, as required by SB 1383 Regulation. AMR will ensure containers are kept in good condition free of charge, unless that container is damaged through the fault or negligence of the commercial customers. Customers may be permitted to provide their own compactors.

Local Office
AMR will maintain a local office that will be open to the public from 8am to 4pm, Monday to Friday, where customers can pay bills, receive information about the solid waste service offerings and discuss any concerns or questions. Our office staff will be professional and friendly, where bilingual service representatives can also be made available to customers. 252 of 334

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Recyclable Materials
Recyclable materials may include, but are not limited to:

Newsprint
Corrugated material
High-grade paper and mixed paper
Glass
Aluminum cans
Tin cans
Steel and other types of scrap metals
PET polyethylene terephthalate
containers (“PET”) marked “1” as of the
date hereof
High density polyethylene containers
(“HDPE”) marked “2” as of the date
hereof
Low density polyethylene containers
(“LDPE”) marked “4” as of the date
hereof
California redemption containers
Ferrous metals
Non-ferrous metals
White paper
Mixed paper
Telephone books

This list may be decreased or expanded to accommodate changing market conditions.

Organic Materials
Organic materials may include:
• Food waste
• Green waste
• Food soiled papers
• Grass clippings
• Leaves
• Pruning
• Tree trimmings
• Pine needles
• Weeds
• Branches
• Brush
• Nonhazardous wood waste
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Identifying Contaminated or Overfilled Recyclable Containers Should a driver identify that a non-recyclable material has been included in the container (recycling, organic material and/or solid waste), they will note this contamination through a container-tag. The container-tag will provide information to the customer regarding the type of contamination present in the container.

Should the driver identify that the contamination is significant, they may place a ‘non-collection’ tag on the container. In this case the container will not be collected until customer has corrected the contents.

AMR will:

Conduct the periodic lid flips to assess
contaminates and overfilled containers.

Tag the containers that are overfilled and/or
contaminated and notify the City. The City will be
responsible for appropriately fining the customer
for contamination or overfilled containers.

Additionally, the City may choose to notify their
drivers not to collect organic contain ers that have
contamination present.

Provide the City and customer with photographic
evidence of the reason the containers were tagged.

Conduct random audits of containers to ensure compliance with SB 1383 mandated lid flipping.

Track this outreach and container tagging activity and provide these reports to the City on a monthly basis.

The complete container tagging protocol has been detailed in Exhibit D of the Agreement.

Outreach and Education
AMR will prepare a Community Relations Plan that will provide a summary of the outreach and education materials that will be delivered to commercial customers for the year. This Community Relations Plan will be delivered to the City no later than April 1
st of each year. The plan will include all necessary outreach required for commercial customers for compliance with SB 1383. This may include lid lifting and container- tagging programs, presentations, brochures, and flyers. Where necessary outreach and educa tional materials will be bilingual (English and Spanish).

An example of the types of programs that may be included in this plan are provided below:

Outreach to each MFD complex and commercial generator to inform them of the roll -out of the new collection programs. This initial outreach should happen in collaboration with the City, so customers are aware of how the two operations are working together.

Providing each MFD complex and commercial generator an appropriately sized recycling and organics container per the City approved ordinance.

Visits to each multi-family complex, through a door-to-door campaign, including providing recycling bags, bilingual recycling flyers, and handouts to promote and encourage recycling.

In-person visits to commercial generators during the transition to the new collection program and annually thereafter, as a base service to all customers.

Provide a range outreach items, including information posted above the containers, clearly pictured heavy labels on the bins/containers, and flyers that provide information about acceptable and not acceptable items. This outreach would be multi-lingual.

Waste audits to commercial businesses as needed or by customer request. 254 of 334

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Customization of collection stops with bins and/or carts to right- size service and space, where American Refuse has one-pass truck collection arms that can retrieve either bins or carts, reducing wear and tear on the City streets while phasing in a program.

Audits of commercial accounts to ensure compliance as requested. These customer service notes will be entered into the software, where the City will be given reports that summarize these customer outreach contacts. Contamination issues would be followed up with phone calls, mail, and/or email correspondence.

Maintain a website that any business or resident can access for reference and information regarding pickup days, calendar, and recycling info. The website will link to the City’s website where customers can retrieve information regarding the City’s collection programs. Customers can also increase their services and make service requests online.

Zero Waste programs for commercial generators seeking to implement their corporate sustainability goals and facilitate zero waste certification.

Billing
The AMR will bill customers directly for commercial solid waste services, including recyclable collection.

AMR will pay the city the franchise fees, every 30 days for the previous month’s services. The franchise rate is set at 10% of AMR service rates to the City.

Compliance and Reporting
American Refuse will assist the City in its reporting requirements for AB 341, AB 939, AB 1594, and AB 1826.

AMR tracks container -tagging, service level information, and outreach programs through our company software that is designed to capture specific data per customer and produce specialized reports. The system allows for “comments” to be added on a per customer basis, which becomes useful when collecting data for each new customer. For example, notes can be reviewed for a non -compliant customer to determine how many times they have been contacted, the form of each contact (email, phone call, or personal visit) and what additional measures have been taken to aid in diversion programs mandated by the State. Customized reports may be run, where the program can detail customer’s information by service level for organics and/or recycling, as needed for the City’s Annual Report.

Notably Software can:

Run individual data/reports per customer
Track all non-compliant customers for targeted outreach measures Provide instant recording of customer accounts
Track customer’s service levels for organic and recyclables Export all reports into Excel for ease of electronic submission and data analysis AMR will track all tons managed by AMR and provide the City with the recovery rates of those streams that AMR collects and manages. Using our software, AMR will ensure that tonnages collected, recycled, and/or composted, will be clearly and transparently tracked and reported to the City. These tonnages are tracked via weight tickets, where trucks cross over scales before entering each facility. These weight tickets are entered into the system by type (recyclable route, organics route, etc.). AMR tracks its own facility recycling rate by using the total outbound tonnage reports. These outbound tonnage reports are used to determine the facility’s recycling rate and can be applied to the inbound weight ticket tonnage. For materials that are managed by other sites, AMR will work closely with the facility to ensure transparency so that ton-per-ton and the final destination of all products is known and reported to the City.

255 of 334
Attachment “B”
1 Draft Franchise Agreement – Residential Recyclable Materials

FRANCHISE AGREEMENT

FOR COLLECTION AND HANDLING OF

RESIDENTIAL

RECYCLABLE MATERIALS

BETWEEN THE CITY OF WASCO
AND AMERICAN REFUSE, INC.
(CORE CITY)

THIS AGREEMENT FOR THE COLLECTION AND HANDLING OF RESIDENTIAL RECYCLABLE MATERIALS (“Agreement”) is made and entered into this first day of _March____________ 2023, by and between the CITY OF WASCO, a municipal corporation of the State of California, (“CITY”), and American Refuse, a California corporation (“CONTRACTOR”). CITY and CONTRACTOR are individually referred to as “Party” and collectively referred to as the “Parties”.

R E C I T A L S:

WHEREAS, the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000 et. seq.) (“AB 939”), has declared that it is in the public interest to authorize and require local agencies to make adequate provisions for solid waste handling within their jurisdictions to meet the goals and requirements of AB 939;
WHEREAS, the Legislature of the State of California, by enactment of subsequent related legislation including, but not limited to: the Jobs and Recycling Act of 2011 (AB 341), the Event and Venue Recycling Act of 2004 (AB 2176), SB 1016 (Chapter 343, Statutes of 2008), the Mandatory Commercial Organics Recycling Act of 2014 (AB 1826), and the Short -Lived Climate Pollutants Bill of 2016 (SB 1383), directed the responsible State agency, and all local agencies, to promote a reduction in landfill disposal and to maximize the use of feasible waste reduction, reuse, recycling, and composting options in order to reduce the amount of material that must be disposed;
WHEREAS, CalRecycle adopted regulations in 2020 to implement SB 1383, which created 14 CCR, Division 7, Chapter 12 and amended portions of 14 CCR and 27 CCR (“SB 1383 Regulations”) to require CITY to implement collection programs, meet processing facility requirements, conduct contamination monitoring, provide education, maintain records, submit reports, monitor compliance, conduct enforcement, and fulfill other requirements; and CITY has chosen to expressly delegate some of its responsibilities to the CONTRACTOR, acting as CITY ’s designee, and CONTRACTOR desires to take on these responsibilities; WHEREAS, pursuant to California Public Resources Code Section 40059(a)(2), CITY has determined that in order to protect the public health and safety of the residents within the identified portions of the City of Wasco , it is appropriate to provide for certain solid waste collection, processing and disposal services by a private waste hauler as an alternative to 256 of 334
Attachment “B”
2 Draft Franchise Agreement – Residential Recyclable Materials providing such services through public resources; and to that end has determined that an exclusive franchise be awarded to a qualified company for the handling of Residential Recyclable Materials and other related services to meet the goals and requirements of A B 939; which franchise can be appropriately integrated into and function as part of the solid waste system provided by CITY;
WHEREAS, Public Resources Code Section 40059 permits CITY to impose terms and conditions on the award of a solid waste franchise if , in the opinion of the governing body, the public health, safety and well-being require the imposition of those terms and conditions; WHEREAS, CITY collects, processes and disposes of Non -Recyclable Residential Solid Waste and collects and processes Resid ential Organics using CITY resources (i.e., personnel and equipment) but desires CONTRACTOR to collect, process and market Residential Recyclable Materials (as defined herein) generated in the City;
WHEREAS, CONTRACTOR has represented and warranted to CITY that it has the experience, responsibility, and qualifications to provide for the collection , processing and marketing of Residential Recyclable Materials;
WHEREAS, the City Council of CITY has determined that CONTRACTOR, by demonstrated experience, repu tation and capacity is qualified to continue to exclusively provide for the collection of R esidential Recyclable Material within the identified portions of the City and to transport such material to places of processing and disposal, which may be designate d in accordance with this Agreement, and CITY and CONTRACTOR desire that CONTRACTOR be engaged to perform such services on the terms and conditions set forth in this Agreement; WHEREAS, the City Council of CITY has determined that the public health, safety and well- being of its residents require the collection, processing and marketing of Residential Recyclable Material, and the frequency of collection, the means of collection and the transportation, scope of services, charges and fees, and the location and extent of such services, be governed by and provided under an exclusive Residential Recyclable Material franchise agreement; WHEREAS, the Parties hereto desire to enter into this Agreement for the purpose of rescinding and superseding all prior agreements and understandings between the Parties to accurately reflect the rights and obligations of CITY and CONTRACTOR solely as set forth in this Agreement; and
WHEREAS, contemporaneously herewith, the Parties are also entering into an agreement that grants CONTRACTOR an exclusive franchise for: (a) the collection, processing and marketing of Commercial Recyclable Material and Commercial Organics ; and (b) the provision of Roll -Off Services for the collection of Solid Waste, Construction & Demolition Debris and Re cyclable Material from Residential and Commercial Premises in the City; and WHEREAS, the City Council of CITY further declares its intention of maintaining reasonable rates for collection, processing and disposal of Residential Recyclable Material within CITY; 257 of 334
Attachment “B”
3 Draft Franchise Agreement – Residential Recyclable Materials NOW, THEREFORE, in consideration of the respective and mutual covenants and promises contained and made in this Agreement, and subject to all the terms and conditions of this Agreement, the Parties agree as follows:

1. DEFINITIONS
For purposes of this Agreement , the definitions in this Section 1 shall apply unless otherwise specifically stated. The meaning of terms or words not defined herein shall be as defined in the SB 1383 Regulations, if applicable, or as commonly understood in the solid waste collection services if not defined by the SB 1383 Regulations. When not inconsistent with the context, words used in the present tense include the future tenses, words in the plural include the singular, and words in the singular include the plural, and words used in either the masculine or feminine gender includes all genders. Unless otherwise specified herein, every reference in this Agreement to a statute or regulation means the statute or regulation, as amended, supplemented, superseded and replaced from time to time.

Affiliated Companies m
ean all businesses which are directly or indirectly related to CONTRACTOR by virtue of direct or indirect ownership interests or common management or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest in CONTRACTOR.

City Manager me
ans the City Manager of CITY. The City Manager or designee is the authorized agent of CITY in enforcing the terms of this Agreement.

Construction and Demolition Waste or C &D Debris means any waste matter which is a by- product of a construction, demolition, clean- up or remodeling process, wherever occurring within the City, and is considered Solid Waste for purposes of this Agreement.

Commercial Business me ans all business, industrial or similar non -residential land uses, whether for-profit or nonprofit, and multifamily residential dwelling with five (5) or more units.

Container means an industry standard receptacle for disposal of residential Solid Waste, Organic Waste, and Recyclables, in a range of sizes, including approximately 96- gallon carts and 3 and 6- cubic yard bins. A Container may have wheels, has a handle for ease of mo vement and 258 of 334
Attachment “B”
4 Draft Franchise Agreement – Residential Recyclable Materials a tight -fitting lid and is designed to be dumped manually or mechanically into a Solid Waste collection vehicle.

County m eans Kern County.

Customer means each person or business directly receiving services from CONTRACTOR within the Franchise Area.

Disposal Facility me ans a facility or facilities for disposing of Refuse and/or residue from a Recycling Processing Facility, Green Waste Facility or Organic Waste Facility.

E-Waste me ans appliances, devices, and other objects containing electronic components, and includes (but is not limited to) computers, computer monitors, cellular telephones, copiers, fax machines, DVD players, VCR’s, televisions, printers, microwaves, and toasters.

Excluded Waste mean s Hazardous Waste; volatile, corrosive, biomedical, infectious, biohazardous, and toxic substances or material; waste that the CONTRACTOR reasonably believes would, as a result of or upon disposal, be a violation of local, state, or federal law, regulation, or ordinance, including land use restrictions or conditions; waste that cannot be disposed of in Class III landfills; waste that in CONTRACTOR’s reasonable opinion would present a significant risk to human health or the environment, cause a nuisance, or otherwise create or expose the CONTRACTOR or CITY to potential liability; and Special Waste.

Franchise Area mean
s the city limits of the City, as they currently exist and as they may be expan ded in the future by annexation, subject to the termination in compliance with Applicable Law of any continuation rights of a solid waste hauler other than CONTRACTOR.

Green Waste mea ns grass clippings, leaves, prunings, tree trimmings, pine needles, weeds, branches, brush and nonhazardous wood waste.

Green Waste Facility mean s a facility or facilities for the controlled biological decomposition of organic wastes that have been source separated from CITY’s municipal Solid Waste stream, or which have been separated at a centralized facility.

Hazardous Waste mean s any material, which by reason of its quality, concentration, composition or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious illness or pose a substantial threat or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise mismanaged or any waste which is defined or regulated as a hazardous waste, toxic waste, hazardous chemical substance or mixture, or asbestos under Applicable Law, including:
a. “
Hazardous Waste” pursuant to Section 40141 of the California Public Resources Code; regulated under Chapter 7.6 (commending with Section 25800) of Division 20 of the California Health and Safety Code; all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by Section s 25110.02, 25115, and 25117 of the California 259 of 334
Attachment “B”
5 Draft Franchise Agreement – Residential Recyclable Materials Health and Safety Code (the California Hazardous Waste Control Act), California Health and Safety Code Section 25100 et seq., and future amendments to or recodification of such statutes or regulations promulgated thereunder, including 23 California Code of Regulations (CCR) Sections 2521 and 2522;
b. Materials regulated under the Resource Conservation and Recovery Act, 42 U.S.C.

Section 6901 et seq ., as amended (including, but not limited to, amendments thereto made by the Solid Waste Disposal Act Amendments of 1980), and related federal, State and local laws and regulations;
c. M
aterials regulated under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended, and related federal State of California, and local laws and regulations, including the California Toxic Substances Account Act, California Health and Safety Code Section 25300 et seq.;
d. Ma
terials regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, et seq ., as amended, and regulations promulgated thereunder; and
e. Materials regulated under any future additional or substitute fe deral, State or local laws and regulations pertaining to the identification, transportation, treatment, storage or disposal of toxic substances or hazardous waste.

If two or more governmental agencies having concurrent or overlapping jurisdiction over hazardous waste adopt conflicting definitions of “hazardous waste”, for purposes of collection, transportation, processing and/or disposal, the broader, more expansive definition shall be employed for purposes of this Agreement. Notwithstanding any provision of this definition to the contrary, for purposes of this Agreement, Universal Waste shall not be considered Hazardous Waste.

Holiday means a day officially designated as either a State holiday or Federal holiday, or both.

Municipal Code me ans the City of Wasco Municipal Code, as amended from time to time.

Organic Waste means food waste and food-soiled paper waste that is mixed in with food waste. “Organic Waste” includes Green Waste.

Organic Waste Facility me ans an organic waste recycling facility as defined in applicable regulations of the California Department of Resources Recycling and Recovery. 260 of 334
Attachment “B”
6 Draft Franchise Agreement – Residential Recyclable Materials Processing Facility means a facility or facilities for sorting and/or processing commingled or source separated Recyclable Materials and/or Refuse.

Rates means the fees and charges imposed on Customers as set forth in Exhibit “B”, incorporated by this reference.

Reasonable Business Efforts me an those efforts a reasonably prudent businessperson would expend under the same or similar circumstances in the exercise of such person’s business judgment, intending in good faith to take steps calculated to satisfy the obligation which such person has undertaken to satisfy; provided that such person would not incur a financi al loss (other than time expended or unless otherwise compensated for such efforts herein) by reason of having expended or expending such efforts.

Residential Re
cyclable Material mean materials which have been discarded, thrown away or abandoned by the owner or occupant of Residential Premises and that are commonly collected in residential premises recycling programs in California, including, but not limited to:
• n ewsprint
• corrugated material
• high-grade paper and mixed paper
• glass
• aluminum cans
• tin cans
• steel and other types of scrap metals
• PET polyethylene terephthalate containers (“PET”) marked “1” as of the date hereof
• high density polyethylene containers (“HDPE”) marked “2” as of the date hereof • low density polyethylene containers (“LDPE”) marked “4” as of the date hereof • California redemption containers
• ferrous metals
• non-ferrous metals
• white paper
• mixed paper
• telephone books
This list may be decreased or expanded to include any other material for which a recycling market or process is developed, and which material is designated by CITY to constitute Residential Recyclable Material during the term of this Agreement.

Refuse s hall mean Solid Waste, other than Recyclable Material, C&D Debris , Organic Waste and Green Waste to the extent other provisions of this Agreement discuss collection and disposal of such materials.
261 of 334
Attachment “B”
7 Draft Franchise Agreement – Residential Recyclable Materials Residential Premises means and includes all single family and duplex and multi-family residential premises with less than five separate living units.

Special Waste mean
s any waste matter which is a Hazardous Waste, or which requires special handling or processing, including those items set forth on Exhibit “C” attached to this Agreement and incorporated by this reference.

Universal Waste me ans any waste matter which the State of California classifies as “universal waste,” including but not limited to items and materials listed in 22 CCR Section 66261.9, as it may be amended, as well as any items listed below not classified by the State of California as “universal waste.” Universal Waste includes, but is not limited to, the following:
• E
- Waste
• Batteries (except automobile batteries)
• Thermostats
• Lamps w ith fluorescent tubes, high intensity discharge lamps, sodium vapor lamps, and other lamps with hazardous waste characteristics • Cathode ray tubes
• Aerosol cans
• Mercury-containing items, including light switches, pressure gauges, and thermometers
• Appliances, devices, and other objects containing electronic components, including (but not limited to) computers, computer monitors, cellular telephones, copiers, fax machines, DVD players, VCR’s, and televisions • Prescription and non-prescription drugs, not including controlled substances 262 of 334
Attachment “B”
8 Draft Franchise Agreement – Residential Recyclable Materials

2. GRANT OF EXCLUSIVE CONTRACT
As except as otherwise provided in this Agreement, CITY grants to CONTRACTOR during the term of this Agreement the exclusive right and privilege to collect and transport to a Processing Facility Residential Recyclable Materials produced, generated, kept and/or accumulated at Residential Premises within the Franchise Area as that area may exist at any time during the term of this Agreement.

2.1 C ontinuation Rights
Notwithstanding any other provision of this Agreement, CONTRACTOR’s rights to collect and transport Residential Recyclable Materials shall be non-exclusive to the extent that third- party solid waste haulers have continuation rights pursuant to Public Resources Code Section 49520. Territory which is annexed to the City and included within the Franchise Area in CITY’s sole discretion and for which an existing solid waste or construction debris collection and disposal franchise, agreement, license, or permit was granted by another public entity ma y continue to be served pursuant to such franchise, agreement, license subject to the provisions of Public Resources Code Section 49520 et seq., and the provisions of this Agreement. CITY shall provide any solid waste hauler with continuation rights in an annexed area with notice of termination pursuant to Public Resources Code Section 49520 et seq. within six months of annexation to the Franchise Area of the territory in which the solid waste hauler has been operating.

CONTRACTOR understands and agrees tha t this Agreement is an exclusive franchise within the meaning of Public Resources Code Section 49520. As such, CONTRACTOR shall not be entitled to continuation rights at the termination or expiration of this Agreement.

2.2 O
ther Exceptions to Franchise

2.2.1 Excepted Services. The following services are expressly excluded from this Agreement:
(a) T he collection of Solid Waste , unless and except to the extent CONTRACTOR is permitted to collect Solid Waste under CONTRACTOR’s Commercial and Roll-off Services Franchise Agreement with CITY.
(b) Self-Haul of Solid Waste if and to the extent permitted in the Municipal Code. Customers cannot contract any portion of the Self Haul to any entity other than the CONTRACTOR.
(c) Recyclable Materials, Organic Materials, Solid Waste, and Bulky Items removed from a Premises by a contractor (e.g., gardener, landscaper, tree -trimming service, construction contractor, clean -out service) as an incidental part of the service being performed, rather than as a separately contracted or subcontracted hauling service ; or if such contractor is providing a service which is not included in the scope of this Agreement.

263 of 334
Attachment “B”
9 Draft Franchise Agreement – Residential Recyclable Materials (d) The discretionary collection of Solid Waste by CITY, so long as such collection is consistent with CONTRACTOR’S Commercial and Roll- off Services Franchise Agreement with CITY.

2.2.2 E xempt Materials . The CONTRACTOR shall not have the exclusive right and privilege to collect the following materials. However, the granting of this franchise s hall not preclude an owner, resident, or commercial entity from contracting for the categories of materials described below to be delivered to, collected and/or transported or disposed of by the CONTRACTOR or others, provided that nothing in this Agreement is intended to or shall be construed to excuse any person from obtaining from CITY any authorization which is otherwise required by law:
(a) R
esidential Recyclable Materials donated or sold by Customers to any party of their choice , so long as the Customer does not incur other changes relating to the collection, processing and/or disposal of any such Recyclable Materials. (b) The CONTRACTOR’s exclusive franchise in this Agreement shall not include governmental entities if and to the extent CITY has no legal power to include them in the exclusive franchise. The provisions of this Agreement shall not preclude or prohibit CITY or any officer or employee thereof or any employee of the County, State, or any governmental subdivisions thereof, from collecting, removing, and disposing of Solid Waste from CITY, County, or State facilities.

3. CONSIDERATION

3.1 Fran chise Fee
In consideration of this Agreement and the permit and franchise given CONTRACTOR under this Agreement, CONTRACTOR shall owe CITY, as a franchise fee , ten percent (10%) of CONTRACTOR’s gross revenues from CONTRACTOR’S Residential Recyclable Material collection operations within the municipal boundaries of the City pursuant to this Agreement for each monthly period, but gross revenues shall be exclusive of payments received by CONTRACTOR or Affiliated Companies from the sale of Recyclable Material and revenue received from the disposal of Refuse that is the residual from processing of Residential Recyclable Materials (“Franchise Fee”). For purposes of this Agreement, the term “gross revenues” shall be defined to include all revenues received by CONTRACTOR minus pass-through costs incurred at disposal or processing facilities used or directed to be used. CONTRACTOR and CITY agree the Franchise Fee is a negotiated amount determined through good -faith negotiations, that is reasonably related to the value of the public right -of-way franchise rights granted to CONTRACTOR under this Agreement, including but not necessarily limited to the right granted to CONTRACTOR to deploy and maintain its vehicles, equipment, and containers in the public right-of-way. CITY may use the Franchise Fee for any lawful purpose . CITY may adjust the Franchise Fee from time to time, provided that if CITY increases the Franchise Fee, CONTRACTOR may increase its rates by the amount necessary to pass through the increase in the Franchise Fee to CONTRACTOR’S Customers.
264 of 334
Attachment “B”
10 Draft Franchise Agreement – Residential Recyclable Materials

3.2 Payments in Lieu of Other Taxes
All sums payable by CONTRACTOR to CITY under this Agreement shall be in lawful money of the United States and shall be in lieu of any license tax which might otherwise be imposed by CITY for the privilege of CONTRACTOR conducting its business under this Agreement in CITY, other than any business license tax imposed by CITY pursuant to the Municipal Code.

4. CONTRACTOR RESPONSIBILITY
CONTRACTOR agrees to perform all of its obligations under this Agreement for the term of this Agreement. CONTRACTOR shall furnish all of the labor and equipment necessary for the collection, processing and marketing of all Residential Recyclable Material subject to the terms, conditions and provisions of this Agreement. CONTRACTOR represents that it has the professional and technical personnel required to perform the services in conformance with such terms, conditions and provisions of this Agreement. CONTRACTOR shall perform all services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California.

5. TERM OF AGREEMENT
The initial term of this Agreement shall commence as early as March 1, 2023 , ( the “Effective Date”), and shall expire as of 11:59 p.m. on March 31, 2033. However, upon the mutual written agreement of the Parties, the term of this Agre ement may be extended for two (2) additional five-year extension terms. Either Party may request such extension term with written notice to the other Party at least one -hundred and eighty (180) days prior to the expiration of the then-current term.

6. SCOPE OF SERVICES

6.1 G
eneral
CONTRACTOR shall provide Residential Recyclable Material collection, transportation, processing and disposal services within the Franchise Area in accordance with the terms of this Agreement.

CONTRACTOR shall not be required to provide such collection, transportation, processing and disposal services for Special or Hazardous Waste under this Agreement, except to the extent provided herein. CONTRACTOR may provide such services for Special or Hazardous Waste if contracted to do so by Customers under separate written contracts negotiated between CONTRACTOR and the Customer generating such Special or Hazardous Waste, provided that CONTRACTOR obtains all necessary permits and performs in accordance with Applicable Law.

CONTRACTOR shall provide all Containers to be used by Customers for the deposit of Residential Recyclable Material at its sole cost and expense; provided that, upon approval by CONTRACTOR, a Customer may provide its own compactor for such purposes. Unless otherwise approved by CITY, CONTRACTOR’s Containers shall be of the sizes set forth in the Rates. 265 of 334
Attachment “B”
11 Draft Franchise Agreement – Residential Recyclable Materials CONTRACTOR shall maintain all Containers in good condition and repair, except that it is the customer’s responsibility to keep such Containers clean. CONTRACTOR’s Containers shall be in colors as required by SB 1383 Regulations and approved by CITY. CONTRACTOR shall include a label on each container which includes text and pictorial summary of items, as required by SB 1383 Regulations and subject to CITY’s reasonable approval. CONTRACTOR shall replace or repair any such Containers not in good condition at its sole cost and expense; provided, however, that if a Container is damaged or destroyed through the fault or negligence of the occupants of the Residential Premises to which it was supplied, CONTRACTOR, with CITY’s written consent, may recover the costs of repair or replacement from the person who was responsible for the damage or destruction.

While engaged in activities authorized or required by this Agreemen t, CONTRACTOR’s employees and agents shall be attired in suitable and acceptable uniforms mutually approved by CITY and CONTRACTOR. All CONTRACTOR’s employees shall make collections as reasonably quiet as possible and shall avoid unnecessary disturbance. CONTRACTOR and its employees shall not trespass or loiter on Customers’ property and shall use due care in entering and exiting such property, using paved walks or surfaces where practicable. CONTRACTOR shall exercise due care when handling Containers and shall not cause the Containers to be thrown or dropped during collection services. CONTRACTOR’s employees shall replace Containers upright once emptied and shall clean up any Residential Recyclable Material spilled during the collection process .

CONTRACTOR shall not be responsible for the cleanup of any spillage or litter not arising from the collection process.

CONTRACTOR shall be responsible for any damage to any property that is the result of the CONTRACTOR’s intentional or negligent actions, CONTRACTOR’s vehicles exceeding the legal maximum weight limits of the State of California , or the CONTRACTOR’s negligent operation of the vehicles. CONTRACTOR shall be responsible for damage to public and private utilities, and shall repair or replace such damaged utilities, if proven, to the satisfaction of CITY , to be caused by the inattention, carelessness, or negligence of CONTRACTOR.

CONTRACTOR shall be responsible for damage to public and private utilities and property and shall repair or replace such damaged u tilities or property, if proven, to the satisfaction of CITY, to be caused by the inattention, carelessness, or negligence of CONTRACTOR.

The Parties acknowledge that despite CONTRACTOR’S best efforts, non- recyclable materials will be commingled with Residential Recyclable Materials and, therefore, non - recyclable residual materials will remain after the Processing of Residential Recyclable Materials.

CONTRACTOR shall ensure that such residual materials shall be disposed of at a permitted municipal solid waste landfill.

CITY reserves the right to construct any improvement or to permit construction in any street or alley which may have the incidental effect of preventing CONTRACTOR from driving an established collection route, in which event CONTRACTOR will ad just its route without cost adjustment therefor. Any route changes proposed by CONTRACTOR shall be submitted, in writing, for CITY approval at least sixty (60) days prior to the proposed date of implementation. 266 of 334
Attachment “B”
12 Draft Franchise Agreement – Residential Recyclable Materials CONTRACTOR shall implement such route changes so that no Customer is left without collection services for more than six days. CITY reserves the right to conduct audits of CONTRACTOR’s collection routes. Upon request, CONTRACTOR shall provide CITY with route maps detailing all collection routes.

6.2 Re sid ential Recyclable Material Collection Service

6.2.1 Recycling Service. For Customers receiving Residential Recyclable Material collection service, CONTRACTOR shall, as frequently as negotiated with Customer but in no event less than once every other week, collect the Recyclables which have been placed, kept or accumulated in Recycling Containers placed at designated collection location at Residential Premises. Customers or owners shall be billed at the Rates allowed by this Agreement. Following collection of Recyclables from a Container, CONTRACTOR shall return the Container to its location with the lid closed.

6.2.2 Bulky Waste Events . Pursuant to the separate Commercial Organics and Recyclable Material Collection and Roll -Off Services contract between CONTRACTOR and CITY, CONTRACTOR shall provide for the collection of Solid Waste, Organics and/or Recyclable Materials, as requested in at least two weeks advance written notice by CITY, at two public drop- off events at no additional cost to CITY host a minimum of two public drop-off events within the Franchise service area, with one Spring event in either March or April, and one Fall event in either September or October. All events shall occur on a Saturday and occur for at each four hours between the hours of 9:00 a.m. and 4:00 p.m. or other schedule acceptable to CITY . All events must occur within City limits.

6.2.3 Hours of Collection . Collection service at Residential Premises may not start earlier than 6:00 a.m. or continue after 7:00 p.m., except as is specifically approved in writing by the City Manager or his designee.

6.2.4 Commingling Materials. At a minimum, the following protocols shall apply when in the event a Customer commingles Refuse, Organic Waste or Green Waste with Residential Recyclable Material for collection. From time to time, and with approval by the City, this minimum standard may be updated and can be found in Exhibit D. (a) Recordkeeping. T
he driver or other CONTRACTOR representative
shall record each event in a written log or in the on-board computer system including date, time, Customer's address, type of Container and maintain photographic evidence, when possible. (b) Non-C ollection Notices. CONTRACTOR shall provide the Customer a non-collection notice. The non -collection notification shall: (i) inform the Customer of the observed presence of p rohibited commingling of materials ; ( (ii) include information on the Customer's requirement to properly separate materials into the appropriate Containers ; (i ii) inform the Customer of the non-collection of the contaminated materials on this occasion with information that for consecutive instances, CONTRACTOR may assess contamination processing fees; and ( iv) CONTRACTOR may include photographic evidence. CONTRACTOR shall leave the 267 of 334
Attachment “B”
13 Draft Franchise Agreement – Residential Recyclable Materials courtesy pick-up notice attached to or adhered to the Generators' contaminated Containers; at the Premises' door or gate; or, may deliver the notice by mail, e -mail, text message, or other electronic message. The container will be left behind until the Customer has corrected the contamination. Should the Customer request the container be collected before the next schedule collection, CONTACTOR may impose a go-back fee as specified in Exhibit “A” schedule of Rates,” or as those rates may be amended by resolution of the City Council. (c) N otice of Assessment of Contamination Processing Fees . If CONTRACTOR observes p rohibited commingling on more than two occasions and issued non- collection notices on each of those occasions, CONTRACTOR may impose a contamination processing fee as specified in Exhibit “A” schedule of Rates ,” or as those rates may be amended by resolution of the City Council.
(d) CO NTRACTOR shall notify CITY in its monthly report of Customers for which contamination Processing fees were assessed. CONTRACTOR shall leave a contamination Processing fee notice attached to or adhered to the Generators' contaminated Containers; at the Premises' door or gate; or, deliver the notice by mail, e-mail, text message, or other electronic message. The contamination Processing fe e notice shall describe the specific material(s) of issue, explain how to correct future set outs, and indicate that the Customer will be charged a contamination Processing fee on its next bill. The format of the contamination Processing fee notice shall be approved by CITY.
(e) D
isposal of Contaminated Materials . If CONTRACTOR observes prohibited commingling of materials , CONTRACTOR may Dispose of the Container's contents, provided CONTRACTOR complies with the noticing requirements above.

6.3 Diversion

6.3.2 Processing
(a) Facility Selection . CONTRACTOR shall transport and deliver all Residential Recyclable Material collected within the City to a Processing Facility . CONTRACTOR shall designate the Processing Facility for Residential Recyclable Material, subject to CITY ’s approval, which shall not be unreasonably withheld. If public health, safety and/or fiscal interest require, or compliance with Applicable Law necessitates, CITY may designate an alternate Facility at any time during the term of this Agreement. Prior to designating an alternative Facility, CITY shall give CONTRACTOR at least ninety (90) days advance written notification of its intention to do so, except in cases of emergency resulting in an imminent threat to public health and safety.

As to any alternate Facility designation by CITY which results in increased expense to 268 of 334
Attachment “B”
14 Draft Franchise Agreement – Residential Recyclable Materials CONTRACTOR, CONTRACTOR shall be entitled to recover through a corresponding rate adjustment the full amount of the additional expense. In that event, the rate adjustment shall be implemented no later than thirty (30) days from the effective date of the designation and shall be applied retroactive to the date the CONTRACTOR commenced use of the alternative Facility.

Notwithstanding the foregoing, CONTRACTOR shall not be entitled to a rate increase following CITY’s exercise of any alternative Facility designation rights h ereunder where CITY’s decision to designate an alternative Facility results solely from the closure of a Facility owned and operated by CONTRACTOR.
(b) W eighing and Record Requirements . CONTRACTOR shall ensure that, at a minimum, all materials shall be weighed upon delivery to a Processing Facility and all weight and related delivery information recorded. CONTRACTOR shall make arrangements with the Processing Facility to allow CITY to review, during such facility’s normal operating hours, any recordings or video of tipping taken by others at the Facility. CONTRACTOR shall ensure that all scales shall be weigh master certified and regularly maintained to ensure reliability and continued functioning.
(c) Recyclable Materials Specifications.

CITY is not responsible for the
quality of Recyclable Materials delivered to or rejected by the Processing Facility. CITY makes no warranty, either express or implied, with respect to the Recyclable Materials, including but not limited to warranties of merchantability and fitness for a particular purpose. (d) Disposal of Residue .

CONTRACTOR shall dispose of any and all
residue remaining from the processing of Recyclable Materials and any non -processable materials in accordance with Applicable Law.

6.3.3 Marketing. CONTRACTOR shall market all Recyclables collected within the City to provide for the maximum waste diversion.

6.3.4 AB 341, A B 1826 & SB 1383 Compliance. CONTRACTOR shall cooperate with CITY in enforcing mandatory Residential Recycling required by Applicable Law .

CONTRACTOR shall provide any notices or information reasonably requested by CITY in enforcement of such requirements.

6.4 Anti-Sc avenging Laws
CONTRACTOR shall cooperate with CITY in enforcing anti-scavenging laws.

6.5 C ollection on Holidays
If the day of collection on any given route falls on a Holiday or a day on which the Disposal Facility utilized by CONTRACTOR is closed, CONTRACTOR may provide collection service for such route on the next workday following such holiday or Disposal Facility closure day or shall provide such collection service on such Holiday or Disposal Facility closure day, except that CONTRACTOR shall never provide collection service (unless in case of emergency where such pickup is 269 of 334
Attachment “B”
15 Draft Franchise Agreement – Residential Recyclable Materials authorized by CITY) on New Year’s Day, Thanksgiving Day or Christmas Day, with the exception of those Customers requesting service on an as -needed basis. At CONTRACTOR’S option, CONTRACTOR may elect not to provide service on any Federal Holiday, including Memorial Day, the Fourth of July, Veterans Day, and Labor Day, so long as CONTRACTOR completes all routes missed on the Holiday before the following weekend. CONTRACTOR shall give at least 15 days’ advance notice to all of its Customers of all upcoming Holidays.

7. OTHER SERVICES OF CONTRACTOR

7.1 Co-O peration
CONTRACTOR shall cooperate with CITY on any and all customary and reasonable waste composition studies, and as required by SB 1383 Regulations or other applicable laws.

CONTRACTOR shall use Reasonable Business Efforts to recover the costs of such disposal from the Customer which generated such Hazardous Waste, if the Customer can be identified, and charge such cost to such Customer. If CONTRACTOR delivers Hazardous Waste to any Processing Facility or Disposal Facility, CONTRACTOR shall promptly notify CITY , the local fire department, and the Kern County Health Department, providing the name, address, and telephone number of the collector and the facility or premises from which the Hazardous Waste was collected, the type and quantity of the Hazardous Waste, and the location and method of final disposition of Hazardous Waste.

7.3 R
eserved

7.4 Notification of New Services
CONTRACTOR shall use Reasonable Business Efforts to ensure that Customers are informed in a timely manner about new service programs or the introduction of new elements in services required by the CONTRACTOR and approved by CITY . CONTRACTOR shall inform Customers of such changes through a public awareness plan, which shall include direct mailings and/or local advertising, prior to the implementation of such changes.

7.5 C
ommunity Relations Plan
CONTRACTOR shall use Reasonable Business Efforts to outreach and educate the public on the importance of recycling and separating Solid Waste in order to achieve maximum waste diversion. CONTRACTOR shall develop and implement a program of educational presentations 270 of 334
Attachment “B”
16 Draft Franchise Agreement – Residential Recyclable Materials and materials concerning the importance of recycling and diversion, proper techniques for Solid Waste disposal and recycling, and options for the disposal of Hazardous Waste. All community relations and promotional materials and related news releases shall be developed at CONTRACTOR’s sole cost and expense. An updated educational and marketing program shall be prepared for each fiscal year, and submitted to CITY’s City Manager no later than April 1 st. The
program for the 2022-23 fiscal year shall be submitted to CITY’s City Manager within sixty (60) days after the date this Agreement is approved by CITY. CONTRACTOR’s obligation under this section shall be in addition to any community outreach required by SB 1383 Regulations.

8. BILLING, PAYMENTS AND RATES

8.1 D irect Billing by City
CITY shall bill Customers monthly for the rates listed in Exhibit “ A” plus applicable Franchise Fees for completed services provided by CONTRACTOR . Revenues collected by CITY shall be paid to CONTRACTOR minus the Franchise Fee within 30 days of the billing due date to Customers for past services provided by CONTRACTOR. CITY will bill Residents every month and will employ all reasonable and legal means to collect CONTRACTOR’S bills from CITY residents and will remit all gross revenues received by CITY for CONTRACTOR’S services less CITY’s Franchise Fee. Should a Resident not pay CITY ’s entire bill for solid waste and recycling se rvices, CITY will remit to CONTRACTOR a pro rata portion of revenues received by CITY for the bill in question reflecting CONTRACTOR’S portion of the bill. Should a Resident become more than ninety (90) days delinquent in payment from the date of the bill, CITY shall initiate collection efforts, which may include phone calls, letters and, with CONTRACTOR’S consent, assignment of the delinquent bill to a collection agency. The CITY shall require that the owners of any leased premises be responsible for payment of waste collection services at all Residential Premises.

In addition, at CONTRACTOR’S request, CITY may seek, in its reasonable discretion, to impose a refuse lien as part of the real property tax bill on any real property located in the City’s limits where the owner of such real property or his/her/its tenant has bills for solid waste collection and disposal services (including delinquent bills for services rendered by CONTRACTOR for the collection of Residential Recyclable Materials) that are more than one hundred twenty (120) days overdue from the billing date.

8.2 Ra
tes
The CITY shall collect revenues from Rates allowed by this Agreement for all services provided under this Agreement. In the event that a service does not include a Rate in Exhibit “A”, CONTRACTOR shall not provide such service until a Rate is established by CITY. CONTRACTOR understands and agrees that any new Rate may require CITY to comply with Proposition 218 and other applicable law. Should CITY delay the requisite Proposition 218 notice or hold any relat ed public hearings so that the rate increase cannot go into effect by the January 1 st adjustment date,
CITY shall adjust the proposed rate to compensate the CONTRACTOR for any such delay. 271 of 334
Attachment “B”
17 Draft Franchise Agreement – Residential Recyclable Materials

8.2.1 Annual Adjustment
In addition to other increases as provided herein , the maximum Rates may be adjusted up or down, using the methodology specifically set forth in Exhibit “ C” in establishing rates charged by CONTRACTOR for solid waste services provided. The first consideration for an annual increase will take place for the fiscal year commencing July 1, 2024. CONTRACTOR shall make each request by February 1 of each year and shall submit detailed information with each request to substantiate its claimed cost increases. CITY may reasonably request additional information from CONTRACTOR. Subject to the limits contained in this paragraph, CITY may grant the adjustment if it finds that CONTRACTOR’s costs have increased by the amount indicated, and that CONTRACTOR is in compliance with every term of this Agreement. A grant of a rate adjustment shall be by resolution or ordinance following a public hearing concerning the proposed increase.

The effective date of each annual adjustment granted by CITY shall be July 1, unless CITY requires more time to evaluate the information provided by C ONTRACTOR. However, CONTRACTOR understands and agrees that CITY may be required to comply with Proposition 218 and other applicable law granting rate increases. Should CITY delay the requisite Proposition 218 notice or hold any public hearings so that the rate increase cannot go into effect by the July 1 st
adjustment date, CITY shall adjust the proposed rate to compensate the CONTRACTOR for any such delay.

8.2.1 Sp
ecial Rate Increase
CONTRACTOR shall be allowed to present to CITY a request for rate change due to unforeseen circumstances, which affects the costs of services provided the circumstances are beyond CONTRACTOR’s control. Any rate change will require CITY review and approval, which shall not be unreasonably withheld. Examples include substantial changes in law/regulations, fuel costs above normal market fluctuations (since CPI is only influenced partially by fuel costs), general costs above normal CPI changes, labor costs/insurance costs, changes in recycling markets etc. If CITY is unable to or does not grant CONTRACTOR’S request for a special rate adjustment that is reasonably justified, CITY and CONTRACTOR shall meet in good faith to consider a reduction in CON TRACTOR’S services or permitting CONTRACTOR to terminate the Agreement without cause.
272 of 334
Attachment “B”
18 Draft Franchise Agreement – Residential Recyclable Materials

9. COLLECTION EQUIPMENT AND PRACTICES

9.1 N umber and Maintenance of Vehicles
CONTRACTOR shall provide an adequate number of vehicles and equipment for the collection, disposal and transportation services for which CONTRACTOR is responsible under this Agreement. All vehicles shall be registered with the Department of Motor Vehicles of the State of California, shall be kept clean, safe, and in good repair, shall keep all collected materials covered during transportation. Such vehicles shall be kept and maintained free from any leaks, including, without limitation, leaks of hydraulic oil, brake fluid, engine oil, fuel, or transmission fluid. CONTRACTOR’s name, phone number and vehicl e number shall be visibly displayed on its vehicles in letters and figures no less than four inches (3”) high.

9.2 Alt
ernative -Fuel Vehicles
In providing services under this Agreement, CONTRACTOR shall comply in all respects with: (i) any applicable rule or r egulation of the San Joaquin Valley Unified Air Pollution Control District; (ii) the “Final Regulation Order” adopted by the California Air Resources Board regarding diesel particulate matter control measures for solid waste collection vehicles, including all implementing regulations, as they may be amended; and (iii) all other applicable rules, statutes, orders, or other forms of mandate issued or adopted by a government agency with jurisdiction over air quality. Upon request from CITY, CONTRACTOR shall pr ovide records of all collection vehicles in service in the City, including fuel source and engine and chassis numbers. In addition to any indemnification obligations set forth elsewhere in this Agreement, CONTRACTOR shall defend, indemnify, and hold harmle ss CITY against any fines, penalties, losses, or claims arising out of CONTRACTOR’s failure to comply with this paragraph.

10. PUBLIC ACCESS TO CONTRACTOR

10.1 L
ocal Office and Regular Hours
CONTRACTOR’S office hours shall be, at a minimum, from 8 a.m. to 4 p.m. Monday through Friday, except Holidays. A representative of CONTRACTOR shall be available during office hours for communication with the public at CONTRACTOR’S principal office. The representative shall, at a minimum, provide route maps and service information to the public. CONTRACTOR 273 of 334
Attachment “B”
19 Draft Franchise Agreement – Residential Recyclable Materials shall also maintain an automated customer service telephone number for use during other than normal business hours. CONTRACTOR shall respond to cus tomer phone calls within one (1) business day.

10.2 Se rvice Complaints and Dispute Resolution
CONTRACTOR shall record all complaints received (including date, name, address and nature of complaint). CONTRACTOR shall make all such records available for inspectio n by the City Manager or his designee during normal business hours, upon demand by the City Manager.

CONTRACTOR agrees to use its best efforts to resolve all such complaints within the business day next following the date on which such complaint is received.

CONTRACTOR shall document the action taken or other disposition made of each complaint. Such report shall be provided to CITY within forty-eight hours of a request.

The Customer making the complaint may appeal CONTRACTOR’s resolution to the City Manager within 30 days of the initial complaint. CONTRACTOR shall promptly make this appeal right known to the Customer making complaints. The City Manager shall make a determination within 7 days of receiving the appeal and provide a written copy of the resolution to CONTRACTOR and the Customer appealing CONTRACTOR’s complaint resolution.

CONTRACTOR shall in all cases be given a reasonable opportunity to remedy the defect in performance prior to such assessment of damages.

10.3 C
ustomer Information
CONTRACTOR shall not market, sell, convey, donate or disclose to any p erson or entity any list with the names or addresses of Customers or information regarding the composition or content of Customers’ waste unless authorized or required by Applicable Law, CITY or a court of competent jurisdiction.

11. OWNERSHIP OF RESIDENTIAL RECYCLABLE MATERIAL
All Residential Recyclable Material collected pursuant to this Agreement shall be the property of the Customer until placed in a Container for collection pursuant to this Agreement.

Except as provided in the next paragraph, ownership of the Residential Recyclable Material shall transfer to CONTRACTOR once it is deposited in Containers set out at the collection point, or CONTRACTOR’s vehicles. CONTRACTOR is granted the right to collect, transport, process, recover, recycle, retain, market, dispose of or otherwise use any such Residential Recyclable Material, or 274 of 334
Attachment “B”
20 Draft Franchise Agreement – Residential Recyclable Materials any part thereof, in any fashion, and retain all benefits or profits resulting therefrom. All Residential Recyclable Material shall be collected, transported, and disposed of in acco rdance with federal, state and local law.

In consideration of the foregoing provisions with respect to ownership of Residential Recyclable Material, CONTRACTOR shall maintain all records required by state and federal law regarding source generation, recycling and disposal of said materials, and in a form acceptable to CITY, and shall provide same to CITY upon request, but not less than once per year.

12. INSURANCE, INDEMNIFICATION AND PERFORMANCE BOND

12.1 I ndemnification of CITY

12.1.1 General Indemnification of CITY . CONTRACTOR agrees that it shall indemnify and hold harmless CITY, its officers, officials, employees, agents, assigns and any successor or successors to CITY’s interest, from and against any and all loss, liability, penalties, claims, demands, actions or suits, of every kind and description, whether or not involving a third party claim, to the extent arising or resulting from: (i) the alleged acts or omissions of CONTRACTOR in performance of this Agreement or non- performance of any obligation or duty of CONTRACTOR under this Agreement or under applicable law; (ii) the failure of CONTRACTOR, its agents, employees and/or subcontractors, to comply in all respects with the provisions and requirements of this Agreement; (iii) any breach of any representation or warranty of CONTRACTOR contained in this Agreement; and (iv) any breach or violation of any covenant or other obligation or duty of CONTRACTOR under this Agreement or under Applicable Law.

12.1.2 Indemnification of CITY Related to Waste Diversion Requiremen ts.

To the
extent permitted by Public Resources Code Section 40059.1, and to the extent noncompliance is caused by CONTRACTOR’s breach of or noncompliance with a provision of this Agreement, CONTRACTOR agrees to protect and defend CITY, with counsel selected by CONTRACTOR, and reasonably acceptable to CITY, and to indemnify and hold harmless CITY from and against all fines or penalties imposed by the California Department of Resources Recycling and Recovery if the diversion goals specified in the Public Res ources Code are not met by CITY with respect to the Residential Recyclable Material collected by CONTRACTOR under this Agreement. Upon receipt from the California Department of Resources Recycling and Recovery of a stipulated order of noncompliance with the diversion goals, which is caused by CONTRACTOR’s breach of or noncompliance with a provision of this Agreement, CITY may require CONTRACTOR to provide a 275 of 334
Attachment “B”
21 Draft Franchise Agreement – Residential Recyclable Materials performance bond in the amount of Two Hundred Fifty Thousand Dollars ($250,000) until such time as compliance is attained.

If CITY finds that additional programs are necessary to meet any required diversion goals, CITY may require, or CONTRACTOR may submit to CITY proposals for additional diversion programs to meet the diversion requirements. If necessary, CITY and CONTRACTOR shall enter into good faith negotiations, but if agreement regarding programs and/or rate adjustments cannot be reached, the matter shall be referred for non-binding mediation as set forth herein. If CITY and CONTRACTOR cannot reach agreement regarding programs and/or rate adjustments in order to meet required diversion goals through mediation , either CITY or CONTRACTOR may, within 90 days of the CONTRACTOR’S submission of a proposal to CITY , refer the matter for binding arbitration to be resolved by an independent arbitrator mutually selected by CITY and CONTRACTOR, the costs of which shall be borne equally by CITY and CONTRACTOR. Both Parties shall, in good faith and in writing, promptly provide the independent mediator or arbitrator with any and all information and documentation required or requested by the independent arbitrator in order to make its determinat ion. The independent arbitrator shall make its determination based on the submissions of the Parties, the provisions of this Agreement, its experience with similar services and disputes, and other factual determinations it may make regarding the matter in dispute. Such determination shall be made within thirty (30) days following the conclusion of the arbitration hearing unless the Parties agree to a later date or ninety (90) days after the referral, whichever is sooner, and shall be binding upon the Parties as though made a lawful amendment to this Agreement.

12.1.4 Environmental Indemnification of CITY . C
ONTRACTOR shall indemnify,
defend with an attorney selected by CONTRACTOR and reasonably approved by CITY, and protect and hold harmless CITY, its officers, officials, employees, agents, assigns and any successor or successors to CITY’s interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damages, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of actio n, suits, legal or administrative proceedings, interest, fines, charges, penalties and expenses (including but not limited to attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, CITY or its officers, employees 276 of 334
Attachment “B”
22 Draft Franchise Agreement – Residential Recyclable Materials or agents arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other plan (regardless of whether undertaken due to governmental action) concerning any Hazardous Waste at any place where CONTRACTOR transports or temporarily stores Residential Recyclable Materials prior to delivery to the Proc essing Facility The foregoing indemnity is intended to and shall be construed to operate as an agreement pursuant to Section 107(c) of the Comprehensive Environmental Response, Compensation and Liability Act, “CERCLA”, 42 U.S.C. Section 9067(e) and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify CITY from liability.

12.1.5 L
imitation s; Conflicts; Survival. No indemnity or defense obligation of CONTRACTOR under this Agreement shall apply to any claims, costs, or damages to the extent arising out of the active negligence or willful misconduct of CITY, its agents, employees, officers and contractors. CONTRACTOR’S indemnity and defense obligations under this Agreement shall not be limited by insurance proceeds, if any. S hould conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise reasonably find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay CITY any final judgment rendered against CITY Indemnitees. It is expressly understood and agreed that CONTRACTOR’s indemnity and defense obligations under this Agreement are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

12.2 Insurance
CONTRACTOR shall obtain and shall require its subcontractors to obtain insurance of the types and in the amounts described below and satisfactory to CITY.

12.2.1 C ommercial General Liability Insurance . CONTRACTOR shall maintain time of occurrence based commercial general liability insurance or equivalent form with a combined single limit of not less than $2,000,000 per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to the Agreement or be no less than two times the occurrence limit. Such insurance shall:
(a) N
ame CITY, its officials, officers, employees, agents, and consultants, as insureds with respect to performance of services under this Agreement. Such insured status shall contain no special limitations on the scope of its protection to the above listed insureds.
(b) Be primary with respect to any insurance or self -insurance programs covering CITY, its officials, officers, employees, agents, and consultants. (c) Contain standard separation of insureds provisions. 277 of 334
Attachment “B”
23 Draft Franchise Agreement – Residential Recyclable Materials

12.2.2 Business Automobile Liability Insurance . CONTRACTOR shall maintain business automobile liability insurance or equivalent form with a combined single limit of not less than $2,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non- owned automobiles.

12.2.3 Workers’ Com pensation Insurance. CONTRACTOR shall maintain workers’ compensation insurance with statutory limits and employers’ liability insurance with limits of not less than $1,000,000 per accident.

12.2.4 Pollution Control Insurance.

CONTRACTOR shall purchase and maintain in
force for the duration of the Agreement term insurance for pollution legal liability applicable to bodily injury; property damage, cleanup costs; and defense, including costs and expenses incurred in the investigation, defense, or settlement of claims; all in connection with any loss arising from the transporter’s activity under this Agreement. Coverage shall be maintained in an amount of at least $1,000,000 per loss, with an annual aggregate of at least $2,000,000 for claims arising within the City. If coverage is written on a claims-made basis, the CONTRACTOR warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Agreement, and that continuous coverage will be maintained, or an extended di scovery period will be exercised for a period of three years beginning from the time that work under this Agreement is completed.

12.2.5 Certificates/Insurer Rating/Cancellation Notice.

(a) CONTRACTOR shall, prior to commencement of services under this Agreement, furnish to CITY properly executed certificates of insurance, and certified copies of endorsements, and policies if requested by CITY, which shall clearly evidence all insurance required in this Section. CONTRACTOR shall not allow such insurance to be canceled or be materially reduced in coverage except on 30 days’ prior written notice to CITY. (b) CONTRACTOR shall maintain such insurance from the time the services under this Agreement commence until the services are completed, except as may be otherwise required by this Section.
(c) CONTRACTOR shall place insurance with insurers having an A.M.

Best Company rating of no less than A:VIII and licensed to do business in California. (d) CONTRACTOR shall replace certificates, policies and endorsements for any insurance expiring prior to completion of the services.

12.3 R
ights of Subrogation
All required insurance policies must preclude any underwriter’s rights of recovery or subrogation against CITY with respect to matters related to CONTRACTOR’s performance of its obligations under this Agreement, with the express intention of the Parties being that the required insurance coverage protects both Parties as the primary coverage for any and all losses 278 of 334
Attachment “B”
24 Draft Franchise Agreement – Residential Recyclable Materials covered by the above -described insurance. CONTRACTOR must ensure that any companies issuing insurance to cover the requirements contained in this Agreement agree that they will have no recourse against CITY for payment or assessments in any form on any policy of insurance.

12.4 P erformance Bond
Prior to execution of this Agreement, CONTRACTOR shall deposit with CITY either a letter of credit or a performance bond (collectively referred to as the “Performance Bond”) in the amount of $50,000. The Performance Bond shall serve as security for the faithful performance of CONTRACTOR of all of the provisions and obligations of this Agreement. The Performance Bond shall contain terms acceptable to CITY. If CONTRACTOR deposits a letter of credit with CITY, interest, if any, relating to any cash deposits that may exist with regard to that letter of credit shall accrue to CONTRACTOR.

13. TERMINATION AND OTHER REMEDIES

13.1 T
ermination
CITY may, by written notice to CONTRACTOR, elect to terminate the whole or any part of this Agreement at any time as a result of a material breach of this Agreement by CONT RACTOR by giving written notice to CONTRACTOR of such termination and describing in detail the material breach, and specifying the effective date thereof, at least ninety (90) days before the effective date of such termination. Upon receipt of a notice of termination, CONTRACTOR shall have sixty (60) days to cure or correct the material breach of this Agreement noted by CITY. During the 60- day cure period, CONTRACTOR shall have the right to a hearing before the City Council to discuss the alleged violation and proposed termination, provided that the CONTRACTOR’S request for a hearing is made in sufficient time to schedule a hearing at a regular meeting of the City Council falling within the 60-day cure period.

If the violation has not been cured or corrected within the 60-day cure period, CITY may proceed with the termination of this Agreement on the noticed date. Upon termination,

CONTRACTOR shall be compensated only for those services which have been adequately rendered to CITY, and CONTRACTOR shall be enti tled to no further compensation. Upon termination, CITY shall be entitled to damages caused by such violation and the resulting termination, including, but not limited to the liquidated damages provided for in Section 14 of this Agreement. Notwithstanding the 90 -day pre -termination notice requirement described above, if, in CITY’s determination (which determination may be made in the sole and absolute discretion of CITY), the violation endangers public health, safety or welfare, termination may be effective immediately.
279 of 334
Attachment “B”
25 Draft Franchise Agreement – Residential Recyclable Materials

13.2 Remedies Not Exclusive
The rights and remedies of CITY under this Agreement, including the right to make a claim under the Performance B ond deposited with CITY by CONTRACTOR for reimbursement of any costs borne or damages incurred by CITY as a result of a default by CONTRACTOR under this Agreement and the right to perform during an emergency, shall be in addition to any and all other rights and privileges CITY may have, and shall not be deemed to limit any such other rights or privileges of CITY under this Agreement or by virtue of any law.

14. LIQUIDATED DAMAGES

14.1 G
eneral
CITY finds, and CONTRACTOR agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by CITY as a result of a breach by CONTRACTOR of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied services or denied quality or reliable service; (ii) such breaches cause inconvenience, and deprivation of the benefits of the Agreement to individual members of the general public for whose benefit this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that franchised s ervices might be available at substantially lower costs than alternative services and the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches.

14.2 P
erformance Standards; Liquidated Damages for Failure to Meet Standards The Parties further acknowledge that consistent, reliable Residential Recyclable Material collection service is of utmost importance to CITY and that CITY has considered and relied on CONTRACTOR’s representations as to its quality -of-service commitment in awarding the Franchise to it. The Parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The Parties further recognize that if CONTRACTOR fails to achieve the performance standards or fails to submit required documents in a timely manner, CITY and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages which CITY will suffer. Therefore, without prejudice to CITY’s right to treat 280 of 334
Attachment “B”
26 Draft Franchise Agreement – Residential Recyclable Materials such non -performance as an event of default, the Parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to CITY that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or impractical. In placing their initials at the places provided, each Party specifically confirms the accuracy of the statements made above and the fact that each Party has had ample opportunity to consult with legal counsel and obtain an explanation of the liquidated damage provisions at the time that the Agreement was made.

CONTRACTOR CITY
Initial Here Initial Here
CONTRACTOR agrees to pay to CITY (as liquidated damages and not as a penalty) the sum of One Hundred Dollars ($ 100) for each occurrence of any of the following breaches by CONTRACTOR of its obligations under this Agreement if CONTRACTOR fails to remedy such breach or breaches within seventy-two hours of its receipt of notice from CITY of such breach or breaches:
• Failure to properly return empty Containers to avoid pedestrian or vehicular traffic impediments.
• Spill of leakage of oil, hydraulic fluid, coolant, or fluid from any collection vehicle used by CONTRACTOR in the performance of solid waste collection services under this Agreement which causes a stain of 0.5 square feet or greater.

CONTRACTOR agrees to pay to CITY (as liquidated damages and not as a penalty)the sum of Two Hundred Dollars ($ 200) for each occurrence of any the following breaches by CONTRACTOR of its obligations under this Agreement if CONTRACTOR fails to correct such breach or breaches within one calendar month of its receipt of notice from CITY of such breach or breaches:
• Excessive noise.
• Discourteous behavior to a Customer.

CONTRACTOR agrees to pay to CITY (as liquidated damages and not as a penalty)the sum of Two Hundred Dollars ($ 200) for each occurrence of any of the following breaches by CONTRACTOR of its obligations under this Agreement within seventy -two hours of its receipt of notice from CITY of such breach or breaches:
• Failure to commence service to a new Customer within seven (7) days after receipt of the order.
• Failure to collect Residential Recyclable Material which has been properly set out (i.e., not overfilled or contaminated) for collection within 24 hours of the scheduled collection day after CONTRACTOR’S receipt of notice of the missed collection.
• Collecting Residential Recyclable Material outside of normal collection hours. 281 of 334
Attachment “B”
27 Draft Franchise Agreement – Residential Recyclable Materials

14.3 Procedure for Assessment of Liquidated Damages
CITY may assess liquidated damages for each calendar day or event, as appropriate, that CONTRACTOR is determined to be liable in accordance with this Agreement. Prior to assessing liquidated damages, CITY shall give CONTRACTOR notice of its intention to do so. The notice will include a brief descrip tion of the violation or incident of non -performance. CONTRACTOR may review (and make copies at its own expense) all information in the possession of CITY relating to the violation or incident of non- performance. CONTRACTOR may, within ten (10) days after receiving the notice, request a meeting with CITY. CONTRACTOR may present evidence in writing and through testimony of its employees and others relevant to the violation or incident of non- performance. CITY will provide CONTRACTOR with a written explanatio n of its determination as to each violation or incident of non- performance prior to authorizing the assessment of liquidated damages. The decision of CITY shall be final, subject to CONTRACTOR’S right to appeal the decision to the City Council within thirty (30) of the decision.

14.4 T
iming of Payment
CONTRACTOR shall pay any liquidated damages assessed by CITY within thirty (30) days after they are assessed. If they are not paid within the thirty (30) day period, CITY may proceed against the performance bond required by the Agreement or order the termination of the Franchise granted by this Agreement, or both.

15. GENERAL PROVISIONS

15.1 Fo
rce Majeure
CONTRACTOR shall not be in default under this Agreement in the event that the collection, transportation, processing and/or disposal services of CONTRACTOR are temporarily interrupted or discontinued for any of the following reasons: riots, wars, civil disturbances, insurrections, epidemics, hurricanes, earthquakes, floods, acts of God, government orders and regulations, or other similar catastrophic events which are beyond the reasonable control of CONTRACTOR. It is specifically understood that “other catastrophic events” include strikes, lockouts and other labor disturbances. When any of these events interrupt collection, transportation, processing and/or disposal of Residential Recyclable Material by CONTRACTOR as required under this Agreement, CITY may elect to exercise its rights under Section 13.

15.2 I
ndependent Contractor
It is expressly understood and agreed that CONTRACTOR shall perform all work and services described as an independent contractor and not as an officer, agent, servant or employee of CITY; that CONTRACTOR shall have the exclusive control over the details of the services and work performed hereunder and all persons performing the same; that CONTRACTOR shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors, if any; and that nothing shall be construed as creating a partnership or joint venture between CITY and CONTRACTOR. Neither CONTRACTOR nor its 282 of 334
Attachment “B”
28 Draft Franchise Agreement – Residential Recyclable Materials officers, employees, agents or subcontractors shall obtain any rights to retirement benefits, workers’ compensation benefits or any other benefits which accrue to CITY employees.

15.3 L aw to Govern ; Venue
It is understood and agreed by the Parties that the law of the State of California shall govern the interpretation of this Agreement . The Parties agree that any litigation between CITY and CONTRACTOR concerning or arising out of this Agreement must be filed and maintained exclusively in the Superior Courts of Kern County, State of California, or in the United States District Court for the Eastern District of California to the fullest extent permissible by law. Each Party consents to service of process in any manner authorized by California law.

15.4 Fe es and Gratuit ies
CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it to request, solicit, or demand either directly or indirectly, any compensation or gratuity for the collection of Solid Waste otherwise required to be collecte d under this Agreement. CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it to accept any monetary compensation or gratuity for the collection of Solid Waste otherwise required to be collected under this Agreement.

15.6 As
signment and Transferability; Subcontracting
Except as provided in Section 16.5 , this Agreement is not assignable or transferable in whole or in part by CONTRACTOR, voluntarily, involuntarily, or by operation of law or otherwise except by written amendment to this Agreement signed by both Parties. In addition, the services to be performed by CONTRACTOR pursuant to this Agreement shall not be subcontracted to any third party without the written consent of CITY. Any request made to CITY by CONTRACTOR for approval of an assignment or transfer of this Agreement shall be accompanied by a n on- refundable deposit in the amount of $10,000 to cover CITY’s costs, including attorneys’ fees, in evaluating the proposed assignee or transferee and the potential benefit or detriment to CITY of the proposed assignment or transfer.

Any dispute between CITY and the CONTRACTOR with respect to a determination of whether a sale, transfer, assignment, subcontracting, or hypothecation of a number of shares or 283 of 334
Attachment “B”
29 Draft Franchise Agreement – Residential Recyclable Materials other units of ownership in CONTRACTOR has occurred or will occur shall be subject to reference pursuant to Code of Civil Procedure Section 638, et seq . with the presiding judge of the Kern County Superior Court.

15.7 C ompliance with Applicable Law
CONTRACTOR agrees that i t will comply with all provisions of the Applicable Law, including CITY’s business license ordinance, and will obtain all licenses and permits, and pay all taxes and fees, required under the Applicable Law.

15.8 N otices
All notices, demands, requests, consents or other communications which this Agreement contemplates, authorizes, requires or permits either Party to give to the other, shall be in writing and shall be personally delivered; or sent by overnight mail, delivery service, or registered or certified mail, postage prepaid, return receipt requested; all addressed to the respective Party as follows:

To CITY: City of Wasco
746 8
th St
Wasco, CA 93280
Attention: City Clerk, [email protected]
Fax: 661-758-5411
Copy to: City of Wasco Public Works
801 H St
Wasco, CA 93280
[email protected]
Fax: 661-758-5411
Attention: Luis Villa

To CONTRACTOR: American Refuse, Inc.
1316 J Street
Wasco, CA 93280
Attention: Jeff Martin
or to such other address as either Party may from time to time designate by notice to the other given in accordance with this Section. Such notice shall be deemed effective on the date personally served or, if mailed, three (3) days from the date such notice is deposited in the mail.

15.9 Sav in gs Clause and Entirety
If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement.
284 of 334
Attachment “B”
30 Draft Franchise Agreement – Residential Recyclable Materials

15.10 Attorneys’ Fees
In the event of any claim or action or proceeding brought by either Party against the other under or in connection with the subject matter of this Agreement, the prevailing Party shall be entitled to recover from the losing Party as part of the judgment in such action all reasonable costs, expenses, and attorneys’ fees, including those costs, expenses and attorneys’ fees incurred in defending any counterclaim or cross -complaint brought in such action and incurred in any appeals, all in such amount as the court shall judge reasonable.

15.11 E ntire Agreement
This Agreement supersedes any previous agreements either oral or written by the Parties and represents the entire understanding between the Parties.

15.12 R ights of City to Perform During Emergency
Should CONTRACTOR, for any reason whatsoever, including the occurrence or existence of any of the events or conditions set forth in Section 15.1, fail, refuse or be unable to collect, transport, process and dispose of any or all of the Residential Recyclable Material for which it is obligated under this Agreement to collect, transport and dispose of for a period of more than forty-eight (48) hours, and if as a result thereof Residential Recyclable Material should accumulate in CITY to such an extent, in such a manner, or for such a time that the City Manager should find that such accumulation endangers or menaces the public health, safety or welfare,
then in such event CITY shall have the right, in addition to any other rights under this Agreement or pursuant to law, upon twenty-four (24) hour prior written notice to CONTRACTOR, or without such notice should CITY determine that a further delay would endan ger the health, safety, and welfare of CITY residents during the period of such emergency, to take possession of any or all equipment of CONTRACTOR previously used in the collection, transportation, processing and disposal of Residential Recyclable Material or which CONTRACTOR would otherwise be obligated to collect and transport pursuant to this Agreement. CONTRACTOR agrees that in such event it will fully cooperate with CITY to affect such a transfer of possession for CITY’s use. CONTRACTOR agrees that, in such event, CITY may take possession of all and use all of said equipment and facilities without paying CONTRACTOR any rental or other charge, provided that CITY agrees that, in such event,
it assumes responsibility for the prope r and normal use of such equipment and facilities.

CONTRACTOR further agrees that, in such event, it shall reimburse CITY for any and all costs and expenses, including the cost of CITY employees and/or third -party laborers in the performance of emergency s ervices pursuant to this Section, incurred by CITY in taking over possession of the above mentioned equipment and facilities in such manner and to the extent that would otherwise be required of CONTRACTOR under the terms of this Agreement. CITY shall first subtract such reimbursement costs from compensation otherwise due CONTRACTOR under this Agreement,
and to the extent such costs exceed those due CONTRACTOR, an itemized statement of costs and expenses shall be submitted for reimbursement to CONTRACTOR. To facilitate reimbursement of costs and expenses to CITY, CONTRACTOR agrees to assign its right 285 of 334
Attachment “B”
31 Draft Franchise Agreement – Residential Recyclable Materials to receive payment from its Customers for services rendered pursuant to this Agreement to the extent that such services have been rendered to said Customers by C ITY and further agrees to allow CITY to collect such payments directly from the Customers. CITY agrees that it shall relinquish possession of all of the above -mentioned property to CONTRACTOR upon written notice from CONTRACTOR to the effect that it is able to resume its responsibilities under this Agreement. It is agreed that CITY’s exercise of its rights under this Section shall not affect Section 12 of this Agreement.

15.13 C ontractor’s Assurances of Adequate Capacity and Equipment CONTRACTOR warrants that it has and will maintain, directly or by contract, sufficient equipment and personnel to provide all services under this Agreement.

15.13 R ecitals
The Recitals set forth above are hereby incorporated by this reference.

16. REPORTING, ACCOUNTING AND AUDITING

16.1 D aily
CONTRACTOR shall maintain and make available to CITY , upon request, daily reports containing detailed audit information including, the number of tons of Residential Recyclable Material collected from Customers and delivered to the Processing Facility Composting Facility , or other facility and the route number, the vehicle number and CONTRACTOR’s weight ticket for each load disposed or processed. Collection of Recyclable Materials shall be summarized by commodity and the amount collected. CONTRACTOR will provide CITY with daily reports within five (5) business days of CITY’s request.

16.2 Mo nthly
CONTRACTOR shall submit written monthly reports , on or b efore the close of the following month, to CITY totaling the information contained in the daily reports.

16.3 An nual
CONTRACTOR shall submit annual reports to CITY on or before June 1 of each year totaling the information contained in the monthly reports for the year. CONTRACTOR shall cooperate fully with CITY’s AB 939 and SB 1383 Regula tions reporting requirements by providing CITY with requested information within a reasonable time of CONTRACTOR’s receipt of CITY’s request, but in no event longer than fifteen (15) days after such receipt. Upon request, CONTRACTOR shall make an oral presentation of the annual report to the City Council of the City at the City Council meeting specified by CITY.
286 of 334
Attachment “B”
32 Draft Franchise Agreement – Residential Recyclable Materials

16.4 Additional Information
CONTRACTOR shall use Reasonable Business Efforts to incorporate into the reports required by this Section 16 any additional information requested by CITY . CONTRACTOR shall incorporate into such reports any new reporting information required by Applicable Law.

16.6 Ma intenance and Audit of Records
CONTRACTOR shall accurately maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents relating to this Agreement, or performance under this Agreement, including routing, complete list of Customers, level of Customer’s services, Customer complaints, employee training, inventory, maintenance logs, etc. (“Records”) for the term of this Agreement plus two (2) years, or any longer period required by Applicable Law. CONTRACTOR shall maintain complete accounting records pertaining to cash receipts, billing and disposal records (“Accounting Records”) prepared on an accrual basis in accordance with generally accepted accounting principles for at least three (3) ye ars following the close of CONTRACTOR’s fiscal year. CONTRACTOR shall maintain the Accounting Records in a manner that allows for the separate identification of all revenues associated with providing services hereunder and such revenues shall not be combined, consolidated or in any other way incorporated with those of other operations conducted by CONTRACTOR in locations other than the City.

The Records, Accounting Records, and records of Affiliated Companies if any, shall be subject to audit and inspection, for the primary purpose of reviewing billing operations, accounts receivable and customer service, by CITY , its auditors or other agents, at any reasonable time, such audit or inspection to take place at the City Hall, if practicable, or at CONTRACTOR’s address indicated for receipt of notices. The CITY shall initially bear the cost of such audit. If such audit discloses a material breach of this Agreement or an underpayment of the Franchise Fee in excess of five percent (5%) of the amount which should have been paid for customers that CONTRACTOR direct bills, CONTRACTOR shall repay such underpayment, together with interest at the rate of seven percent (7%) computed from the date of underpayment, and shall further reimburse CITY for the entirety of CITY’s audit costs, including, without limitation, CITY’s auditor’s costs and expenses, CITY’s internal costs and expenses, and CITY’s legal and other third party expenses. If such audit discloses a Franchise Fee underpayment of less than five percent (5%), CONTRACTOR shall repay such underpayment, together with interest at the rate of seven percent (7%) computed from the date of underpayment, but CITY shall bear its audit costs. 287 of 334
Attachment “B”
33 Draft Franchise Agreement – Residential Recyclable Materials

16.7 Confidentiality
Any report from the Auditor to CITY resulting from the auditor’s review of CONTRACTOR’s records shall be distributed in such a way as to protect the confidential nature of any proprietary information of CONTRACTOR, to the extent permitted by law. The report shall be limited to a letter of compliance relating to the adequacy of the accounting procedures, verification of increases or decreases in CONTRACTOR’s costs, and verification that the proper administration and franchise fees are being paid and shall not set forth CONTRACTOR’s actual operating results.

CONTRACTOR,
a California Corporation

CITY OF WASCO,
a California Municipal Corporation
By: By:

Jeff Martin, President Vincent Martinez
Mayor

ATTEST
By:

M. Scott Hurlbert
City Manager
By:

Maria O. Martinez
City Clerk

289 of 334

Draft Franchise Agreement

EXHIBIT A

SERVICE RATES

Residential Fees
96-gal Recycle cart weekly
service $9.49 $1.05 $10.55
Additional Recycle $8.11 $0.90 $9.01
Cart Contamination/Go-
Back/Overfill Fee *per
occurrence
$11.10 $1.23 $12.33
Hourly Service Rates
Per hour truck charge $178.25 $16.94 $195.19
Staff and Personnel Charges $54.00 - $54.00
Other Special Rates
Account Restart $28.75 $3.19 $31.94
Cart Redelivery Fee $28.75 $3.19 $31.94
Replacement Cart $86.25 $9.58 $95.83
Residential Walk-In Service
(per collection) $3.74 $0.42 $4.16
Service Item AMR
COST TOTAL FEE10%

FRANCHISE FEE
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Draft Franchise Agreement

EXHIBIT B

SPECIAL WASTES
• Flammable waste.
• Containerized waste (e.g., a drum, barrel, portable tank, pair, etc.). • Waste from a pollution control process.
• Residue and debris from the cleanup of a spill or release of chemical substances, commercial products or any other special wastes.
• Contaminated soil, waste, residue, debris and articles from the cleanup of a site or facility formerly used for the generation, storage, treatment, recycling, reclamation or disposal of any other special wastes.
• Dead animals.
• Explosive substances.
• Radioactive materials.
• Materials which have been exposed to highly infectious or contagious diseases. • Medical waste as defined by State and Federal agencies. • Sludge waste.
• Waste motor oil.
• Asbestos, including friable materials that can be crumbled with pressure and are therefore likely to emit fibers, being a naturally occurring family of carcinogenic fibrous mineral substances , which may be a Hazardous Waste if it contains more than one percent asbestos.
• Ash residue from the incineration of Infectious Waste described below. • Hazardous Wastes, explosives, ordnance, highly flammable substances and noxious materials.
• Industrial byproducts, including cement kiln dust, ore process residues and grit or screening removed from a wastewater treatment facility. • Infectious wastes which have disease transmission potential and are classified as Hazardous Wastes by the State Department of Health Services, including pathological and surgical wastes, medical clinic wastes, wastes form biological laboratories, syringes, 291 of 334

Wasco City CouncilFebruary 7, 2023

Wasco City Council
February 7, 2023