Agenda packet — Bishop City Council, November 27, 2023

CITY OF BISHOP

CITY COUNCIL MEETING
City Council Chambers - 301 West Line Street - Bishop, California MONDAY, NOVEMBER 27, 2023 - 6:00 PM

1. CALL TO ORDER - 6:00 P.M. Monday, November 27, 2023

2. MOMENT OF SILENCE - As we begin another meeting tonight, let us pause for a brief moment of silence to individually reflect, meditate, pray, or engage in other silent activity.

NOTICE TO THE PUBLIC: Please be advised this meeting is accessible to the public in person, on the City of Bishop website, or on the local government cable channel 12. In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the City Clerk at 760-873-5863 Extension 124. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR

35.102.35.104 ADA Title II].

The public is encouraged to participate or observe this meeting by:

1. Attending this meeting in person at the City of Bishop City Council Chambers located at 301 West Line Street in Bishop, California.

2. Observing this meeting live from the City of Bishop website at:
https://www.cityofbishop.com/government/city_council/index.php

3. Observe this meeting live from the local government cable channel 12.

Public comments may be made:

1. In person: Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration (or complete a speaker card prior to the meeting). Comments for all agenda items are limited to a speaking time of three minutes unless modified by the Mayor.

2. In writing: Go to http://bishop-ca.granicus.com/ViewPublisher.php?view_id=8 to submit an "eComment" for the corresponding meeting. Please note that eComment submissions closes at 2:00 p.m. on the day of the meeting. You may also hand deliver public comments to the City drop/payment box located at the Church Street entrance to City Hall on or before the deadline noted above. Written public comments received after the deadline will be provided to the Council at the earliest possibility. Please note written public comments received will not be read aloud at the meeting.

Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 377 West Line Street, Bishop, California during normal business hours.

Government Code 54957.5(b)(1). Copies will also be provided at the appropriate meeting.
1 3. PLEDGE OF ALLEGIANCE - Councilmember Muchovej will lead the pledge of allegiance.

4. ROLL CALL

5. PUBLIC COMMENT

6. DEPARTMENT REPORTS

7. PROCLAMATIONS
A. Proclamation - Home Health and Hospice Care Week December 4, 2023 – December 8, 2023 – Requested by Pioneer Home Health Care, Inc./Hospice of the Owens Valley Administrator Ruby Allen, RN.

8. BISHOP AREA CHAMBER OF COMMERCE & INFORMATION CENTER UPDATE A. Bishop Area Chamber of Commerce and Information Center Update Report

9. COUNTY OF INYO UPDATE

10. CONSENT CALENDAR FOR APPROVAL/FILING
A. Monthly Budget Report for the Month of October 2023
B. Financial Reports for the Month of October 2023
NOTICE TO THE PUBLIC: This time is set aside to receive public comment on matters not calendared on the agenda. When recognized by the Mayor, please state your name and address for the record and please limit your comments to three minutes. Under California law the City Council is prohibited from generally discussing or taking action on items not included in the agenda; however, the City Council will listen to all public comment but will not generally discuss the matter or take action on it.

Updates on department activities will be given by the Department Heads and/or their staff.

A. Fire Department - Fire Chief Bret Russell
B. Police Department - Police Chief Nate Derr
C. Public Works Department - Public Works Director Nora Gamino D. Community Services Department - Community Services Manager Dan McElroy E. Administration - City Administrator Deston Dishion
Proclamation Home Health Hospice Week 2023 11 27.pdf
Prepared and presented by Bishop Area Chamber of Commerce and Information Center Executive Director Tawni Thomson.

BACC&IC Report - November 27 2023
Presented by Second District Supervisor Jeff Griffiths.

CONSENT CALENDAR
NOTICE TO THE PUBLIC: All matters under the Consent Calendar are considered routine by the City and will be acted on by one motion.

Monthly Budget Report for the Month of October 2023
Bank Reconciliation Report - October 2023
Combined Cash Report - October 2023
Investment Portfolio Report - October 2023
2 C. Capital Equipment Replacement, Vacuum Truck

11. CONSENT CALENDAR FOR INFORMATION/FILING
A. Planning Commission Meeting Agenda

12. NEW BUSINESS
A. Recommended List of Grant in Support Awards
B. Front Playground Replacement Project
C. Building Permitting and Inspection Memorandum of Understanding with Inyo County, Amendment 3

13. FUTURE AGENDA ITEMS

14. COUNCIL AND COMMITTEE REPORTS

15. ADJOURNMENT
Warrant Register Report - October 2023
Recommended Action: Council to approve the Purchase Order for a new Vactor iMPACT Truck from Haaker Equipment Company through the Sourcewell Cooperative Purchasing Agreement in a not-to-exceed amount of $449,232.11.

Vactor Impact Brochure
Vactor Impact Quote
November 28, 2023 - Cancelled
Recommended Action: Council consideration to award grants in support as recommended by the Grant in Support Ad Hoc Committee.

Recommended List of Awards for Grants in Support 2023-2024 Recommended Action:

Council to waive formal bidding procedures pursuant to Municipal Code Section 3.24.16 (A) and approve the purchase and installation of the front playground in an amount not to exceed $115,218.48.

Execute the Construction Agreement with PlayCore Wisconsin Inc. dba GameTime for the Front Playground Replacement Project.

City of Bishop GameTime Construction Agreement
Front Playground Scope of Service
Proof of Insurance GameTime
Recommended Action: Council to approve Amendment 3 to the Memorandum of Understanding Between the City of Bishop and Inyo County for Building Permitting and Inspection.

Amendment 3_Inyo Co MOU Building Permitting and Inspection Inyo Co MOU Building Permitting and Inspection
OpenGov Permitting Proposal
OpenGov Quote for Inyo County
OpenGov Master Service Agreement
Monday, December 11, 2023 at 6:00 p.m. Regular Meeting in the City Council Chambers 3 4
Bishop Area Chamber of Commerce & Information Center
Report to Bishop City Council for Monday November 27, 2023 Prepared by: Tawni Thomson, Executive Director
BISHOP INFORMATION CENTER/OTHER DESTINATION DEVELOPMENT PROGRAMS:

Information Center: Autumn has been very busy in the information center. 2,891 guest engagements in October, up 8% over last year. November is typically a little quieter – 834 guest engagements this month so far. We have transitioned to a 6-day per week schedule, closed on Sundays now. We do this to conserve resources so we can be open longer hours and 7 days per week during the busier summer season. Some guest hosts will be collecting surveys at Bishop Airport beginning mid-December; staff time will be reimbursed by MLT.

Online Engagements for October:
• Organic Facebook: 23 posts, 1.6M reach, 17.7K likes, 1.6K shares, 421 new followers. 60K total. • Organic Instagram: 13 posts, 175K reach, 17.3k likes, 159 comments, 462 new followers, 37K total.
• YouTube Channel is gaining traction. Only 280 subscribers so far (gained 23 in October). 35.5 K views, 33.3K impressions and 406 hours of viewing time. Fall color foliage shorts and the Bishop Time Capsule video are most popular.
• Paid Social ads had 1.1 million impressions with 6,641 link clicks. • Paid Google Search ads had 98,178 impressions with 5,436 clicks. • Bishopvisitor.com had 36,795 active users with 76,750 pageviews. Top pages were those related to fall colors and fishing.

E-newsletter:

November 10 Visitor E-newsletter was sent to over 40K subscribers with a 42% open rate. 882 people clicked through to the website and 94 requested the Bishop Visitor Guide Magazine.

Upcoming Projects for Visit Bishop:
-Website Redesign: reviewing proposals now from developers, plan to approve contract in December and start work early January.

New Window/Mirror Cling for Bishop Hotels: Printed locally featuring QR code that links to www.bishopvisitor.com.
-Logistics for Upcoming Out of the Area Travel Events: Booth reservations, staff/volunteer schedules, materials, travel & lodging.
• International Sportsman’s Expo in Sacramento (January) • Bart Hall Sport Shows in Long Beach (January) and Del Mar (February) • LA Travel & Adventure (February)
• PCS Fishing Show in Anaheim (March)
• Visit California Outlook Forum (March)
• Bay Area Travel & Adventure (March)
• US Travel Association IPW Conference in Los Angeles (May) Lodging Statistics: October average occupancy was 84%. ADR was $152. As expected, things have slowed a bit in November, but occupancy is in line with last year at about 67%. 5 CHAMBER OF COMMERCE/LOCAL COMMUNITY MATTERS:

Small Business Saturday 11/25: New campaign this year for the Bishop Chamber. We have a map that was created by staff to highlight chamber-member boutiques, galleries, and specialty shops. We contacted those businesses to see which would be offering specials for Small Business Saturday and then placed ads on local radio and print media highlighting those specific businesses. We hope it was helpful for the shops and we are certain they appreciated the extra free marketing.

Snowflakes: Bishop Chamber coordinated with City Park Crew, CalTrans and LADWP to get permits, insurance, and installation of the snowflakes. And we purchased $600 worth of replacement light bulbs. Thanks to all who helped!
Community Christmas Parade: Saturday, 12/2. Start time is 4:30. Start at South Street, end at Bishop City Park. Rotary Santa Mile will start at Bishop Chamber at 4:15 pm and go opposite direction before the parade. Tree lighting ceremony in front of park immediately following parade.

Santa will visit with kids after the parade in the gazebo at front of park until 6:30 pm. Academy Street Party with live music and vendors 6-8:30 pm. We are encouraging all downtown shops and restaurants to stay open late.

Note: Some people refer to the event as the “Chamber Christmas Parade,” but we really can’t take credit for the whole thing and it’s not a fundraiser or benefit for our organization. The Chamber does take the lead in getting the necessary permits and insurance, and we do sign up the participants and buy the trophies, but there are so many people behind the scenes that make the parade possible.

City of Bishop Public Works, Parks & Rec, Police and Fire along with CHP and CalTrans work extra hard to make sure the detour is in place, and everyone is safe. Dozens of volunteers direct traffic and help with other event details. The Bishop Chamber staff and volunteer board members are happy to work alongside all the other great people that make this wonderful evening possible.

Railroad Express: Saturday 12/9, 10am-3pm at Laws Railroad Museum & Historical Site. Train rides, wagon rides, cookie decorating, hot cocoa, s’mores, ornament making, free books thanks to Altrusa and visits with Santa. Tickets are available now on Eventbrite or day of event at Laws.

Holiday Mixer: Thursday, 12/14, 5-7pm at High Country Lumber. Great food, beverages, raffle prizes and great company. Everyone is welcome.

Shop Local Raffle: Will deliver raffle boxes to participating merchants this week and begin advertising first week in December.
6 Monthly Budget Report for the
Month of October 2023
1 7
10/31/2023 11/30/2021
General FundRevenue
10/31/2023 Revenue Actual Approved Budget Percent Received 00100031010 PROPERTY TAXES SECURED 540,000.00 0%
00100031020 PROPERTY TAXES UNSECURED 45,000.00 0%
00100031030 PROPERTY TAXES PRIOR YR. 10,000.00 0%
00100031050 PROPERTY TAX HOMEOWNERS 1,000.00 0%
00100031060 PROP TAX MISC 21,000.00 0%
00100031065 VLF SWAP/PROP TX IN LIEU 350,000.00 0%
00100031066 VEHICLE LIC FEE IN EXCESS 3,700.00 0%
00100031120 SALES TAX 792,994.67 5,000,000.00 16%
00100031126 DWP WTR AGREEMENT PAYMNT 232,799.00 232,799.00 100% 00100031128 SALES TX 1/2%PUBLIC SAF 10,000.00 0%
00100031130 TRANSIENT OCCUPANCY TAX 611,859.19 2,750,000.00 22% 00100031131 TOT PENALTIES 0%
00100031132 TOT PRIOR YR 54,408.30 0%
00100031150 REAL PROPERTY TRANSFER 2,351.81 8,500.00 28% 00100032010 BUSINESS LICENSES (701.20) 62,000.00 1%
00100032011 BL PENALTIES 0%
00100032015 SHORTTERM RENTALS 150.00 1,500.00 10%
00100032020 SB 1186/ADA 0%
00100032030 PARKING PERMITS 1,550.00 3,400.00 46%
00100032035 TENTATIVE MAP PERMITS 0%
00100032040 USE PERMITS 3,500.00 0%
00100032041 ENVIRONMENTAL APP FEE 3,500.00 0%
00100032050 BUILDING PERMITS 40,022.08 90,000.00 44%
00100032051 PLAN CHECK FEE 150.00 3,300.00 5%
00100032080 ELECTRICAL FRANCHISE 32,000.00 0%
00100032081 CELL TOWER FRANCHISE 14,000.00 31,500.00 44% 00100032090 TV FRANCHISE 10,000.00 0%
00100033010 INTEREST ON BANK DEPOSITS 74,491.27 11,000.00 677% 00100033020 RENTAL OF REAL PROPERTY 35,337.05 100,000.00 35% 00100034010 MOTOR VEHICLE IN LIEU 0%
00100034015 MTR VEH LIC FEE 11005.7 0%
00100034040 REIMB. HIGHWAY SWEEPING 13,249.98 53,000.00 25% 00100034041 HWY 6 TRASH 11,250.00 45,000.00 25%
00100034045 RSTP 0%
00100034046 DOC/RECYCLING GRANT 5,000.00 0%
00100034047 REIMB FROM BUSD 0%
00100034049 DWP TREE SPONSORSHIP 0%
00100034050 MISC REVENUE CAPITAL REPLACE 31,331.00 31,331.00 100% 00100034079 FIRE EMS FUNDING 12,500.00 10,500.00 119% 00100034080 REIMB. RFD W/COMP. 0%
00100034081 SALARY REIMB FRM RF DIST 0%
00100034082 MISC REIM FROM RF DIST 0%
00100034083 FIRE INSPECTION FEES 1,667.63 15,000.00 11% 00100034094 LOCAL RESPONSE_STANDBY 1,000.00 0%
2 8
00100034095 STRIKE TEAM 82,326.18 120,000.00 69%
00100034110 COURT RESTITUTIONS 500.00 0%
00100034111 ORDINANCE ENFORCEMENT 0%
00100034116 DOJBULLET PRF VEST GRNT 2,000.00 0%
00100034120 PEACE OFFICERS TRAINING 1,160.31 18,000.00 6% 00100034121 RAN REIMB 10,000.00 0%
00100034122 DVROSSTATE 0%
00100034124 BUDGET ACT 2013/LAW ENF 0%
00100034125 PARKING CITATIONS 2,166.25 6,000.00 36%
00100034126 TOW FEE 875.00 1,765.00 50%
00100034140 DISPATCH CONTRACTS 7,200.00 0%
00100034141 PD Grants 121,460.95 0%
00100034145 4850 PAY REIMB 0%
00100034160 911 REIMSTATE 0%
00100035020 STRONG MOTION INST. PROG 140.11 1,000.00 14% 00100035060 CBSC/BLDG PERMIT 43.40 250.00 17%
00100036010 SALE OF PERSONAL PROP. 665.00 0%
00100036020 INS. REFUNDS & DIVIDENDS 0%
00100036025 FORFEITURE OF DEPOSITS 0%
00100036020 INS. REFUNDS & DIVIDENDS 0%
00100036030 MISCELLANEOUS 8,808.14 13,700.00 64%
00100036031 RETIREE MED COPAY 1,764.00 3,100.00 57%
00100036040 FINGERPRINTING & REPORTS 8,048.00 25,000.00 32% 00100036041 SUBPOENAS 0%
00100036042 AB109/REALIGNMENT 50,000.00 0%
00100036070 CIVIC ARTS 0%
00100036074 SUMMER PROGRAM TUITION 21,340.00 61,500.00 35% 00100036075 KIND ACTIVITY FEE 0%
00100036076 KIND TUITION 0%
00100036077 ASP ACTIVITY FEE 0%
00100036078 AFTER SCHOOL PROGRAM 30,809.50 98,000.00 31% 00100036079 GYMNASTICS CLUB 0%
00100036089 CHILDRENS DAY OF ARTS 0%
00100037010 SPECIAL EVENT INSURANCE 0%
00100039240 TENNIS 0%
00100039250 SOFTBALL 910.31 16,000.00 6%
00100039251 SOCCER 4,375.00 5,560.00 79%
00100039255 VOLLEYBALL 0%
00100039260 BASKETBALL 0%
00100039270 AEROBIC,DANCE,ZUMBA 500.00 0%
00100039275 FACILITY RENTAL FEE 355.00 4,000.00 9%
00100039278 TREE DEDICATION 220.00 0%
00100039280 YOUTH PROGRAM 780.00 3,200.00 24%
00100039281 GYMNASTICS 9,728.00 21,000.00 46%
00100039283 PAGEANT 0%
00100039289 POOLLIFEGRD RECERT 0%
00100039290 POOLPUBLIC SWIM 16,095.00 20,000.00 80%
00100039291 POOL RENTALS 4,132.00 15,000.00 28%
3 9
00100039292 POOLSWIM LESSONS 832.00 24,000.00 3%
00100039293 POOLCONCESSIONS 1,380.00 1,800.00 77%
00100039294 POOLWATER FITNESS 3,355.00 5,000.00 67%
00100039297 YOUTH ATHLETICS (25.00) 500.00 5%
00100039710 FINES & FOREFEITURES 4,500.00 0%
00100039722 TUT MEASURE A 0%
00100039925 CITY COST PLAN 0%
00100039990 OTHER FINANCE SOURCES 0%
00100039995 CITY COST PLAN 0%
00100039999 REVENUETRANS IN 500,000.00 500,000.00 100% 00100040000 Caltrans Sustainable Grant 0%
00100040001 SB2 Housing & Community 0%
00100040002 PROP 68 Green 100,000.00 0%
00100040003 Playground Grant 0%
00100040004 COVID19 Funding 0%
00100040005 LEAP GRANT 0%
00100040006 REAP GRANT 0%
Total Revenue 2,751,154.93 10,623,605.00 26%
410
10/31/2023 Department 10/31/2023 Actual Approved Budget Percent Used 001010_____ City Council 41,397.72 181,010.10 23%001011_____ Administration 238,840.86 853,010.35 28%001012_____ Finance 88,938.17 312,172.36 28%001013_____ Treasurer 614.76 1,901.39 32%001014_____ Legal 28,563.10 157,996.89 18%001015_____ Insurance 302,571.50 304,429.50 99%001016_____ Building & Grounds 67,874.19 202,055.08 34%001018_____ Elections 1,500.00 0%001019_____ Community Promotion 181,000.00 0%001020_____ Police Department 1,931,139.95 4,558,039.02 42%001021_____ Fire Department 116,623.15 971,730.16 12%001022_____ Building 7,744.68 151,863.00 5%001023_____ Street Maintenance 505,770.22 1,694,889.27 30%001031_____ Parks & Rec 386,341.44 1,376,970.20 28%001034_____ Planning 66,789.64 479,855.27 14%001035_____ After School Program 21,031.93 104,757.57 20%001036_____ After School Outside 0%001037_____ Pool 67,217.74 476,827.85 14%001038_____ Summer Camps 17,167.60 55,391.65 31%001039_____ Gymnastics Club 0% Total General Fund 3,888,626.65 12,065,399.66 32%
General FundExpenses
5 11
10/31/2023 Department 10/31/2023 Actual Approved Budget Percent Used SEWERREVENUE
00200033010 INTEREST ON BANK DEPOSITS 26,539.28 9,300.00 285% 00200033020 RENTAL OF REAL PROPERTY 0%
00200039017 SEWER MISCELLANEOUS 4,426.08 13,100.00 34% 00200039020 SEWER SERVICE COLLECTION 478,489.88 1,265,000.00 38% 00200039023 PENALTIESSEWER SERVICE 586.72 1,000.00 59% 00200039035 SOLAR REBATES 2,932.40 0%
00200039075 REIMB FROM ESCSD 1,673.20 0%
Total: 514,647.56 1,288,400.00 40%
002051_____ Sewer Expense 589,552.55 1,638,552.54 36% 10/31/2023 Department 10/31/2023 Actual Approved Budget Percent Used WATERREVENUE
00400033010 INTEREST ON BANK DEPOSITS 25,533.84 10,000.00 255% 00400033020 RENTAL OF REAL PROPERTY 0%
00400039012 WATER SERVICE COLLECTION 378,258.49 1,028,000.00 37% 00400039013 PENALTIESWATER SERVICE 465.13 900.00 52% 00400039017 WATER MISCELLANEOUS 3,172.00 10,900.00 29% 00400039019 BACKFLOW FEE 0%
00400039035 SOLAR REBATES 0%
Total: 407,429.46 1,049,800.00 39%
004050_____ Water Expense 579,878.21 1,362,046.87 43% 10/31/2023 Department 10/31/2023 Actual Approved Budget Percent Used SMHPREVENUE
01200033010 INTEREST ON BANK DEPOSITS 3,554.86 2,800.00 127% 01200039735 UTILITY CLEARING ACCOUNT 12,835.00 38,400.00 33% 01200039750 RENTSASSISTED UNITS 2,232.00 6,600.00 34% 01200039760 RENTSUNASSISTED UNITS 32,955.00 100,440.00 33% 01200039811 MISC 0%
01200039812 GAIN ON SALE 0%
Total: 51,576.86 148,240.00 35%
012095_____ SMPH Expense 104,726.79 203,737.70 51%
Enterprise Funds
6 12
10/31/2023 Department 10/31/2023 Actual Approved Budget Percent Used

REVENUE COPS
03300033010 INTEREST ON BANK DEPOSITS 1,649.37 0%
03300039967 COPS/AB 1913 100,000.00 0%
Total: 1,649.37 100,000.00 2%

EXPENSE
033033_____ COPS EXPENSE 50,864.61 138,000.00 37%
10/31/2023 Department 10/31/2023 Actual Approved Budget Percent Used

REVENUE TRAFFIC
00300033010 INTEREST ON BANK DEPOSITS 0%
00300039100 SECTION 2105 8,017.51 22,500.00 36%
00300039110 SECTION 21075 1,000.00 1,000.00 100%
00300039120 SECTION 2107 11,050.86 30,300.00 36%
00300039130 SECTION 2106 6,857.46 19,500.00 35%
00300039135 MISC/PROP 42 13,470.51 34,200.00 39%
00300039137 TRAFFIC CONGESTION RELIEF 0%
00300039139 SB1 23,731.37 84,100.00 28%
Total: 64,127.71 191,600.00 33%

EXPENSE
003030_____ GAS TAX 36,426.95 218,937.80 17%
Special Funds
7 13
Agenda Item: 10.B
Date of Meeting: November 27, 2023
Department: Finance
To: City Council
From: Ethan Aukee
Subject: Financial Reports for the Month of October 2023 Prepared On: November 16, 2023
Attachments: Bank Reconciliation Report - October 2023
Combined Cash Report - October 2023
Investment Portfolio Report - October 2023
Warrant Register Report - October 2023

STAFF REPORT
Recommended Action:

Approved By: Robin Picken 11/16/2023
Approved By: Deston Dishion 11/17/2023
Approved By:

Approved By:
14 City of Bishop Bank Reconciliation Report Page: 1
Nov 15, 2023 09:06AM
Report Criteria:

Print Outstanding Checks and Deposits and Bank and Book Adjustments Eastern Sierra Checking (Eastern Sierra Checking) (1)
October 31, 2023
Account: 99900010110
Bank Account Number: 006107370
Bank Statement Balance: 1,890,059.54 Book Balance Previous Month: 2,378,011.13 Outstanding Deposits: 139,530.48 Total Receipts: 1,361,983.65 Outstanding Checks: 78,663.67 Total Disbursements: 1,787,377.71 Bank Adjustments: 1,690.72 Book Adjustments: .00
Bank Balance: 1,952,617.07 Book Balance: 1,952,617.07
Outstanding Deposits
Deposit Deposit
Number Amount
Deposit Deposit
Number Amount
Deposit Deposit
Number Amount
Deposit Deposit
Number Amount
19 280.00
1057 101.00
1110 565.46
1137 370.00-
1159 64.00-
1213 185.00-
1221 1,910.99
1222 312.75
1228 132,854.88
1229 131.00
1230 1,035.00
1234 558.40
1256 2,400.00
Total: 139,530.48
Deposits cleared: 77 items Deposits Outstanding: 13 items Outstanding Checks
Check Check
Number Amount
Check Check
Number Amount
Check Check
Number Amount
Check Check
Number Amount
1092 19.83
1639 38.00
1644 38.00
2443 165.48
3849 74.99
4696 1,623.97
4738 250.29
4877 6,920.00
5119 457.64
5546 119.89
6366 313.36
6412 100.00
6693 48.03
6777 164.50
6810 442.73
6948 668.91
7108 4,602.50
7179 46.17
7258 144.96
7412 18.58
7420 18.58
7704 36.94
7859 1,076.50
8324 66.50
8752 110.82
8760 206.65
8760 206.65-
8790 49.95
8859 385.26
8870 24.05
8959 527.55
9066 499.76
9067 309.34
9079 51.80
9176 1,037.30
9177 129.52
9267 591.02
9306 51.80
9336 213.33
9342 87.73
9349 78.50
9380 840.00
9412 203.50
9423 221.64
9425 174.54
9432 86.34
9441 840.00
9443 51.80
9485 83.11
9487 52.64
9490 166.23
9491 263.20
9495 24.01
9497 81.26
9499 840.00
9504 378.84
9517 967.10
9519 27.00
9542 5,368.50
9548 1,094.83
9561 166.23
9565 293.99
9566 359.70
9567 86.34
9570 327.60
9572 384.16
9573 75.00
9578 304.98
9587 2,706.96
9590 100.19
9591 20.00
9601 262.68
9602 1,170.00
9608 212.57
9609 1,648.27
9610 385.94
9612 840.00
9614 51.80
9622 5,066.78
9623 220.00
9624 2,750.00
9625 382.76
9626 880.91
9627 681.98
9628 400.00
9629 1,020.00
9630 344.95
9631 1,015.06
9632 6,610.91
9633 1,043.11
9634 94.93
9635 352.02
9636 808.52
9637 2,516.40
9638 284.71
9639 157.81
9640 752.93
9641 1,767.34
9642 515.31
9643 1,624.57
9644 73.00
9645 5,224.71
9646 300.00
9647 316.00
15 City of Bishop Bank Reconciliation Report Page: 2
Nov 15, 2023 09:06AM
Check Check
Number Amount
Check Check
Number Amount
Check Check
Number Amount
Check Check
Number Amount
9648 467.54
9649 218.39
75403 8.00
714232 2,135.12
714232 2,135.12-
Total: 78,663.67
Checks cleared: 200 items Checks Outstanding: 109 items Bank Adjustments
Description Amount Description Amount
J Scida Wages Paid and Owed to City 1,690.71 Reconciliation off by 0.01 .01 Total: 1,690.72
Book Adjustments
No book adjustments found!
Report Criteria:

Print Outstanding Checks and Deposits and Bank and Book Adjustments 16 CITY OF BISHOP

COMBINED CASH
OCTOBER 31, 2023
FOR ADMINISTRATION USE ONLY 34 % OF THE FISCAL YEAR HAS ELAPSED 11/15/2023 09:04AM PAGE: 1

COMBINED CASH ACCOUNTS
999-000-10110 CASH IN BANK 1,947,996.59
999-000-10111 LAIF INVESTMENT 15,993,478.23
999-000-10112 CASH EASTERN SIERRA BANK .00
999-000-10113 CASH IN COUNTY TREASURY 506,691.15
999-000-10115 CASH IN BANK XPRESS BILLPAY 31,751.67
999-000-10175 CASH CLEARING UTILITIES 17,931.78
999-000-10176 BUSINESS CASH CLEARING 64.10
TOTAL COMBINED CASH 18,497,913.52
999-000-10100 CASH ALLOCATED TO FUNDS ( 18,497,913.52)
TOTAL UNALLOCATED CASH .00

CASH ALLOCATION RECONCILIATION
1 ALLOCATION TO GENERAL FUND 9,131,068.00
2 ALLOCATION TO SEWER FUND 2,540,564.13
3 ALLOCATION TO GAS TAX 388,772.36
4 ALLOCATION TO WATER FUND 2,447,105.65
5 ALLOCATION TO RFPD 901,072.39
6 ALLOCATION TO IMBC FIDUCIARY .00
7 ALLOCATION TO LOCAL TRANSPORTATION FUND 116,972.11
8 ALLOCATION TO BOND AND TRUST FUND 114,032.29
9 ALLOCATION TO TRAFFIC SAFETY 8,141.29
10 ALLOCATION TO TUT MEASURE A 740,156.98
11 ALLOCATION TO ASSET FORFEITURE 6,722.63
12 ALLOCATION TO SUNRISE MHP 342,707.42
13 ALLOCATION TO GENERAL FIXED ASSETS .00
15 ALLOCATION TO WATER IMPROVEMENT .00
18 ALLOCATION TO FUND 018 .00
19 ALLOCATION TO STREETS-SIDEWALK IMPROVEMENT 750,000.00 21 ALLOCATION TO CANINE DONATION 8,012.54
22 ALLOCATION TO HEAVY EQUIPMENT REPLACEMENT 300,000.00 23 ALLOCATION TO PROPERTY/HOUSING DEVELOPMENT .00
29 ALLOCATION TO FUND 029 .00
33 ALLOCATION TO C.O.P.S. 155,469.08
37 ALLOCATION TO HOME FUNDS/WILLOW ST 100,302.76
54 ALLOCATION TO STIP E. LINE ST. BRIDGE REPL. 300,592.41 57 ALLOCATION TO SEIBU TO SCHL BIKE PATH .00
58 ALLOCATION TO PINE TO PARK/STIP .00
59 ALLOCATION TO WEST JAY STREET .00
60 ALLOCATION TO STIP-SPRUCE/YANEY/HANBY .00
61 ALLOCATION TO E. LINE ST. IMPROVEMENTS .00
62 ALLOCATION TO PLAYGROUND EQUIPMENT PROJECT .00
70 ALLOCATION TO HOME OWNER ASSIST PRGM 128,100.00
71 ALLOCATION TO SILVER PEAK/IMACA .00
72 ALLOCATION TO VALLEY APTS/13 CDBG 8972 18,121.48
17 CITY OF BISHOP

COMBINED CASH
OCTOBER 31, 2023
FOR ADMINISTRATION USE ONLY 34 % OF THE FISCAL YEAR HAS ELAPSED 11/15/2023 09:04AM PAGE: 2 TOTAL ALLOCATIONS TO OTHER FUNDS 18,497,913.52
ALLOCATION FROM COMBINED CASH FUND - 999-000-10100 ( 18,497,913.52) ZERO PROOF IF ALLOCATIONS BALANCE .00
18

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JKLMNO*OMPNQ*QRPS*TRU*VPWNPXU*XLYMULN*ZLMTS*RV*NRSSPS [YQLUPQ\*AACHCDBDE 5 23
TO:! ! City!Council/City!Administrator!
FROM:! ! Assistant!Finance!Director!
DATE:! ! November!16,!2023!
SUBJECT:! Approval!of!Warrant!Registers!for!the!Month!of!October!2023! ! ! Commercial!Warrants!
! ! Check#!8760,!9316,!9462,!! !!!!!!!!!!!!$294,266.15! ! ! 9481-9614,!9616-9619,!
! ! 9621-9649! ! !
! ! !
Manual!Checks!&!
! ! Payroll!Warrants! ! !!!!!!!!!$1,493,111.56!
! ! !
! ! ! ! ! !!!!!!!!!!TOTAL!!$1,787,377.71!
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28 Agenda Item: 10.C
Date of Meeting: November 27, 2023
Department: Public Works
To: City Council
From: Nora Gamino
Subject: Capital Equipment Replacement, Vacuum Truck
Prepared On: November 20, 2023
Attachments: Vactor Impact Brochure
Vactor Impact Quote

STAFF REPORT
Background/History:

The vacuum truck is one of the most critical pieces of equipment that the Public Works Department uses. The equipment is used across all aspects of public works, including the streets, water, and sewer programs, preforming tasks such as: cleaning sewer mains and manholes, clearing plugged sewer mains, cleaning storm drains and drop inlets, cleaning storm water interceptors, clearing plugged curb drains, excavation of water and sewer lines for emergency repairs, vacuuming debris from the wet well, grit channel, clarifier sludge sumps, and culvert vaults between ponds at the WWTP, providing construction water for backfill compaction and jobsite clean up, washing solar panels, and washing thermoplastic roadway markings. On average, the equipment is deployed between 3-4 times per week.

The current vacuum truck, a VacCon model 4300, has the following problems and limitations:
requires very high engine RPM’s in order to perform as needed, as a result it is very loud causing a safety concern, it is not four wheel drive, there is no engine break for traveling on steep grades such as returning from the community Aspendell, and it has developed multiple oil leaks. Despite regular maintenance and servicing, the equipment is starting to fail. The frequency and cost of repairs has accelerated over recent years. Most components have been repaired or replaced due to wear. For example, it is currently out of service because it is at the mechanic shop for engine repairs. The department is expecting that more major repairs will be needed in the coming years. As a proactive approach, a replacement is being sought prior to a major failure.

Analysis/Discussion:

The Public Works Department’s vacuum truck specifications include a relatively smaller truck that can fit into City alleys and other tighter space, does not require a commercial license to operate, can maneuver in tight spaces, quiet engine design, four wheel drive, low maintenance water pump, remotely controlled hose reel, boom and emergency stop with wireless controls, six strobe lights for safety, hydro-excavation abilities, work lights on hose 29 reel, boom, and debris tank for safety, positive displacement vacuum, 40 gallon per minute/ 2,500 pounds per square inch jet rodder pump, and a 500 foot by ¾ inch, 2,500 pounds per square inch sewer hose reel capacity.

The City worked with Haaker Equipment Company to receive a quote for a model that meets these specifications. The lead time for equipment delivery is 12-14 months after approval of the purchase order. There is no payment due at the time of approval of the purchase order. In anticipation of this capital equipment replacement, the City set aside $300,000 in this current fiscal year’s budget, split evenly between three funds: streets, water, and sewer. An additional $50,000 per fund ($150,000 total) will be budgeted in fiscal year 2024 – 2025 to cover the remaining cost.

Public Works reached out to other companies who supply vacuum trucks. These other companies either could not provide equipment that met the specifications, or they were nonresponsive to our requests.

Economic Impacts:

None.

Budget Impacts:

No impacts to this fiscal year. Operating transfers out from the General Fund (Streets), the Sewer Fund and the Water Fund in the amount of $50,000 each will be proposed within the FY 2024-2025 budget. Each transfer out listed above would be transferred into the capital reserve fund for heavy equipment replacement. The Heavy Equipment Replacement Fund currently maintains a $300,000 balance and the planned transfers in would increase the fund balance to $450,000 and allow for the purchase of the Vacuum Truck within the fund.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Council to approve the Purchase Order for a new Vactor iMPACT Truck from Haaker Equipment Company through the Sourcewell Cooperative Purchasing Agreement in a not-toexceed amount of $449,232.11.

Approved By: Ethan Aukee 11/21/2023
Approved By: Robin Picken 11/21/2023
Approved By: Dean Pucci 11/22/2023
Approved By: Deston Dishion 11/22/2023
30 COMPACT DESIGN.

BIG iMPACT™
.
31 INTRODUCING iMPACT.

Ergonomic. Economic. Easy-to-operate.

Our newest combination sewer cleaner may be smaller than some of our other models, but it’s no less powerful. Built with the same emphasis on performance and reliability, these machines offer outstanding versatility and the ability to maneuver through tight spaces. As with all Vactor® equipment, the iMPACT allows communities to protect, clean and repair their infrastructure. It is also engineered for optimal operator comfort and control. Features contributing to the ease of use include:
• The revolutionary IntuiTouch® control system
• Superior vacuum performance
• Low-maintenance Jet Rodder® water pump
• Exclusive Modul-Flex design
• Quiet engine design, high ground clearance, low water fill point, and twist-and-lock pipe restraints • Hose reel that can rotate up to 180º
• Precise digital hose footage counter
• Water tanks featuring superior corrosion resistance and backed by a 10-year standard warranty The new iMPACT makes the innovations of the 2100i more accessible without sacrificing Vactor’s high standards. 32 STREAMLINE YOUR OPERATION
AT THE TOUCH OF A BUTTON.

IntuiTouch In-Cab Controls
• One-Touch engagement to activate PTO —
allowing operators to gain control of all
operational systems
• Operator can engage road, combo, and
recirculation mode with single pushbutton ease
IntuiTouch Control Panel
• Rotating controls with up/down adjustment for individualized maximum comfort
• Glove-friendly tactile buttons
• Reliable touch buttons enable the operator to know if a selected function is active
• Hose reel joystick significantly improves response time and pays in and out in the direction of the hose reel
• Boom joystick has a telescoping feature built in, giving the operator full mobility with multiple direction boom movement for quicker set up • Allows for full proportional boom control with the addition of multiple functions at one time

• Operators have full control of the water system via a single Multi-Flow control dial — enabling them to precisely match the flow and pressure to the job requirements

• E-stops located at all operator control points bring the unit to a safe condition to protect both the operator and the equipment 33 ADVANTAGES THAT MAKE AN iMPACT.

Powerful Positive Displacement (PD) Vacuum
With a unique and operator friendly design, our PD vacuum is great for pulling material long distances. Powered by the chassis engine, the blower is driven hydrostatically, allowing independent control of speed while boosting productivity and reliability.

Exceptional Jet Rodder
Water Pump
Leading the industry in longevity and worryfree maintenance, the Jet Rodder water pump delivers smooth flow at the nozzle for
general cleaning and root cutting. Includes
the powerful “Jackhammer” action to break
up the toughest blockages.

Robust Aluminum Water Tank
Backed by a 10-year warranty, the water tank on the
iMPACT has a non-corrosive, rust- and crack-resistant
design. A baffled cylindrical shape adds high strength
and durability while the position at the frame rail
allows for the best weight distribution.
34 CUSTOMIZABLE TO MEET
YOUR UNIQUE NEEDS.

Enhanced Wireless Controls
Updated belly pack and handheld remotes feature two-way data transmission, including active pressure and flow information for the water and the ability to monitor and display essential information like the hose footage being paid out or retracted.

Our wireless controls also allow:
• Extensive operation with greater control away from the main operator station
• Multiple control functions including hose reel control, boom control, e-stop and more
Choose from a wide variety of precision-engineered enhancements, including:
• Digital debris body and water level indicators
• Expanded storage options including a back of cab toolbox • Turn and hose reel mounted cameras
• Cold weather recirculation system
• Debris flush-out system
• Safety warning lighting packages
• Hydro-excavation kit
• Work-zone lighting packages
• Low water alarm
• Debris splash shield
Demo the Vactor
iMPACT today.

Visit Vactor.com to learn more.
35 THE NEW VACTOR iMPACT.

Another innovation from the industry leader.

Powerful enough to tackle virtually any job a big machine can do, the iMPACT is a more affordable option that delivers greater economy and maneuverability. Ideal for municipalities needing a fast response, emergency back-up vehicle, small communities looking to keep up regular maintenance and storm water line problems, and contractors and utilities who prioritize versatility and a lower purchase price.

Vactor has proudly been dedicated to continuously improving combination sewer cleaners for over fifty years, and the compact and powerful iMPACT is just one of the highly customized solutions we offer.

Vactor Manufacturing, Inc. • 1621 South Illinois Street • Streator, IL 61364 USA Phone 815.672.3171 • Fax 815.672.2779
Specifications subject to change without notice. Some product shown with optional equipment. Vactor®, Jet Rodder®, and IntuiTouch® are registered trademarks of Vactor Manufacturing. This product may be covered by one or more United States Patents and/or pending applications. Vactor is a subsidiary of Federal Signal Corp.

Federal Signal is listed in the NYSE by the symbol FSS.

Effective Date 2/20 P/N 00254 ©2020 Vactor Manufacturing vactor.com
Scan code
for more info
36 2070 North White Avenue, La Verne, California 91750
(909) 598-2706 ~ haaker.com
QUOTE
November 16, 2023
TO: CITY OF BISHOP ATTN: Hector Martinez
377 WEST LINE STREET (760) 873-8459
BISHOP, CA 93514 EMAIL: [email protected]
In accordance with your request, we are pleased to submit the following proposal for your consideration and approval based on the Sourcewell Cooperative Purchasing Agreement - Contract #101221-VTR.

ONE (1) NEW VACTOR iMPACT
iMPACT Combination Machine with 15" Vacuum, 3 Yard Debris body, 500 Gallons of Fresh Water.

Mounted on a New Freightliner M2 106, Model Year Based Availability, 300 HP 4x4 Chassis with Allison Automatic Transmission. Equipped with all Standard/Optional Equipment listed:

STANDARD ITEMS INCLUDED:
•Curbside Toolbox w/ Nozzle
Storage Rack
•Aluminum Fenders
• Mud Flaps
•Electric / Hydraulic
Proportional Boom Control
•Color Coded Sealed Electrical
System
• Intuitouch Electronic
Package
•Double Acting Hoist Cylinder
•Handgun Assembly
•Ex-Ten Steel Cylindrical
Debris Tank
• Flexible Hose Guide
• (2) Nozzles w/ Carbide
Inserts
• Suction Tube Storage
•3/4" Nozzle Pipe
•10' Leader Hose
• Stainless Steel Float Shut Off
System
•Horizontal Micro strainer
Prior to Blower
•Debris Body Vacuum Relief
System
•Debris Body-Up Light and Alarm
•Low Water Alarm with Water
Pump Flow Indicator
•Water Tank Sight Gauge
•Liquid Float Body Level
Indicator
•Front Controlled Blower Drive
•Digital Water Pressure Gauge
•180 deg. 5ft Extendable Boom
• Joystick Boom Control
•Boom Hose Storage
•Boom Out of Position Light and
Alarm
•40 GPM/2500 PSI Jet Rodder
pump
•Rodder System Accumulator -
Jack Hammer on/off Control w/
manual valve
•3" Y-Strainer at Water Pump
•Multi-Flow Water System
•1" Water Relief Valve
•Midship High Pressure Coupling
•500' x 3/4" Sewer Hose 2500
PSI Piranha
•Digital Hose Footage Counter
•Hydraulic Tank Shutoff Valves
•Rotating Hose Reel 3/4" x 500'
Capacity 180 Deg. Rotation
•Tachometer / Chassis Engine
w/ Hour Meter
•Water Pump Hour Meter
•PTO Hour Meter
•Hydraulic Oil Temp Alarm
•Tachometer / Blower w/ Hour
Meter
•Circuit Breakers
• LED Lights Clearance Backup
Stop Tail & Turn
•Tow Hooks Rear
•Electronic Back-Up Alarm
•6" Vacuum Pipe Package
•Emergency Flare Kit
• Fire Extinguisher 5 Lbs.
37 OPTIONAL EQUIPMENT INCLUDED
•Bellypack Wireless Controls
including hose reel controls
•Additional Water, Water and
Debris Tanks Joined
•Centrifugal Separators
(Cyclones)
•Rear Door Splash Shield
• Lube Manifold
• Lube Chart - Included
•Body Washout
•6" Rear Door Butterfly Valve
6:00 position
•High Pressure Hose Reel
•Rodder Pump Drain Valves
•Remote Pendant Control With
35' Cord
• Safety Cone Storage Rack -
Post Style
• Safety Cone Storage Rack -
Post Style
•Corded Hand Light w/Bumper
Plug
•Work lights (2) Boom
•Work lights (2) Rear Door
•Work light Manhole
•Camera System Front Rear
and Both Sides
•Door Stripe Material
Reflective Tape
•Toolbox Behind Cab - 14w
36h x 88d
•Light Package: (6) Strobes,
Traffic Advisor
UNIT PRICE:....................................................................................................................$ 420,441.00 SOURCEWELL DISCOUNT: ..........................................................................................($ -7,354.00) SOURCEWELL SUBTOTAL: .......................................................................................$ 413,087.00 SALES TAX (8.750%): ................................................................................................... $ 36,145.11 TOTAL PRICE, FOB: BISHOP, CA;.................................................................$ 449,232.11

THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO

WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT.

NOTE: Price is good for 15 Days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented.

TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted.

DELIVERY: TBD – Depending on PO TERMS: Net 10 or Approved Lease We appreciate the opportunity to present this proposal and look forward to being of further and continued service.

HAAKER EQUIPMENT COMPANY ACCEPTED BY:

BY: George Lopez DATE:

GEORGE LOPEZ

SALES REPRESENTIVE
38 City of Bishop
Planning Commission
There will be no Planning Commission Meeting
November 28, 2023
A Special Meeting is Scheduled for
December 5, 2023

Bishop City Council Chambers
301 West Line Street
Bishop, CA 93514
760-873-8458
39 Agenda Item: 12.A
Date of Meeting: November 27, 2023
Department: Finance
To: City Council
From: Ethan Aukee
Subject: Recommended List of Grant in Support Awards
Prepared On: November 17, 2023
Attachments: Recommended List of Awards for Grants in Support 2023-2024

STAFF REPORT
Background/History:

The City Council awards grant funding on an annual basis to various nonprofit organizations via the City's Grant in Support Program. The intent of the Grant in Support Program is to deliver needed community programs, events and services that City staff are not able to provide.

Analysis/Discussion:

During the October 23, 2023 City Council meeting, Council appointed two councilmembers to comprise an ad hoc committee to review grant in support applications and make recommendations to the full City Council on awarding of grant in support funding. Mayor Ellis and Councilmember Kong, along with City staff, met to review all applications received. The City received nine applications for specific projects, of which six were chosen to be recommended to the full City Council. The total amount of funding required to fund these six recommended projects is $47,100. The City budgeted $56,000 for grants in support in the 2023-2024 fiscal year budget.

Economic Impacts:

Bishop residents will be provided with programs, events and services that otherwise would not be available. Each grant project is pursued with the intent of increasing the quality of life in the City of Bishop.

Budget Impacts:

The recommended amount of grant awards does not exceed the approved budget amount of $56,000 in the 2023-2024 fiscal year budget.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:
40 Council consideration to award grants in support as recommended by the Grant in Support Ad Hoc Committee.

Approved By: Robin Picken 11/17/2023
Approved By:

Approved By:

Approved By:
41 Recommended List of Awards for Grants in Support 2023-2024 Applicant Project Title Project Location Amount Requested Recommended Award Altrusa International of the Eastern
Sierra
Redo of the Bishop Police
Department Mural
Police Department,
207 W. Line St. $ 10,000.00 10,000.00
Bishop Area Bike Association Bishop Bike Park City of Bishop Park $ 4,000.00 4,000.00 Bishop Museum and Historical
Society
Wells Fargo Timelines
Through History
Laws Railroad
Museum and
Historical Site -
Wells Fargo Building $ 8,000.00 8,000.00
Eastern Sierra Artists DBA C5 Art in Storefronts
Various Locations in
Downtown Bishop $ 7,110.00 6,000.00
Eastside Student Center
Patio Project & Kitchen
Update 162 W Line St. $ 8,000.00 8,000.00
Helping Hands 4 Housing Inc. Housing Liaison Program
Based in Bishop,
Remote Services $ 11,100.00 11,100.00
TOTAL: $ 48,210.00 47,100.00
42 Agenda Item: 12.B
Date of Meeting: November 27, 2023
Department: Community Services
To: City Council
From: Dan McElroy
Subject: Front Playground Replacement Project
Prepared On: November 20, 2023
Attachments: City of Bishop GameTime Construction Agreement Front Playground Scope of Service
Proof of Insurance GameTime

STAFF REPORT
Background/History:

In 1993 the Community Services Department installed the existing front playground structure at the Bishop City Park. This structure has seen many years of use by the community and visitors. Community Services staff maintains and records actions to repair or replace any damaged or worn equipment. Maintenance reviews have found that we are unable to obtain replacement parts and due to the fact that this structure does not need ADA standards, this existing play structure was identified in the Strategic Plan for replacement.

Analysis/Discussion:

Due to the disrepair and the lack of ADA access, the Community Services Department budgeted for $150,000.00 in the Parks and Recreation 2023-2024 budget, 001-031-56029, for the Front Playground Replacement Project.

The Community Services Department began the process to solicitate vendors to facilitate the Front Playground Replacement Project in August of 2023. A vendor was selected from the State of California OMNIA Partners purchasing GameTime C/O Great Western Recreation.

OMNIA Partners purchasing is a Master Purchasing Agent for the State of California. By using OMNIA Partners for this project, the lowest price for playground equipment is guaranteed and formal bid process is not required.

In addition to the OMNIA Partners purchasing, the Community Services applied for and received the GameTime Grant for the purchase of a new play structure in the amount of $24,725.61. The total amount for the Playground Replacement Project is $115,218.48. The schedule for construction will begin in February 2024 and complete in March 2024. The purchase and installation for the front playground is under the budgeted amount for this project.

Economic Impacts:

The City of Bishop Park is centrally located in the City of Bishop. The front playground 43 provides an area for the community and visitors to recreate while frequenting local businesses.

Budget Impacts:

This item was budgeted within the Community Services Parks and Recreation 2023-2024 budget in the amount of $150,000.00. The total cost of the Playground Replacement Project is $115,218.48. The total cost for this project is $34,781.52 less than the amount initially budgeted.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Council to waive formal bidding procedures pursuant to Municipal Code Section 3.24.16 (A) and approve the purchase and installation of the front playground in an amount not to exceed $115,218.48.

Execute the Construction Agreement with PlayCore Wisconsin Inc. dba GameTime for the Front Playground Replacement Project.

Approved By: Ethan Aukee 11/20/2023
Approved By: Robin Picken 11/21/2023
Approved By: Dean Pucci 11/22/2023
Approved By: Deston Dishion 11/22/2023
44 Rev. 06/22 Page 1 of 15 Construction Agreement

CONSTRUCTION AGREEMENT
This construction agreement (“Agreement”) is made and effective as of November 28, 2023, by and between the City of Bishop, California ("Agency"), a municipal corporation, and PlayCore Wisconsin, Inc. dba GameTime ("Contractor"), a Wisconsin corporation.

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. SCOPE OF WORK
Contractor shall perform within the time set forth herein of this Agreement and shall furnish all labor, materials, equipment, tools, utility services, and transportation and perform and complete all work required in connection with the construction and installation of playground equipment for the Front Playground Replacement Project (“Project”) as set forth in Exhibit A.

By entering into this Agreement, Contractor acknowledges there may be other contractors on the site whose work will be coordinated with that of its own.

Contractor expressly warrants and agrees it will cooperate with other contractors and will do nothing to delay, hinder, or interfere with the work of other separate contractors or the Agency. Contractor also expressly agrees that, in the event its work is hindered, delayed, interfered with, or otherwise affected by a separate contractor, its sole remedy will be direct action against the separate contractor. To the extent allowed by law, the Contractor will have no remedy, and hereby expressly waives any remedy against the Agency on account of delay, hindrance, interference, or other events caused by a separate contractor.

II. TIME FOR PROJECT COMPLETION
All of Contractor’s work on the Project shall be completed within durations established for the individual activities as set forth in the Exhibit A. All work shall commence ten (10) calendar days after receiving a written Notice of Award from the Agency. Contractor shall refer to the Project plans and specifications, all of which, as set forth below, are incorporated herein by reference, for contractual obligations regarding individual activity durations. The aggregate sum total work under this Agreement comprises the entire Project and shall be commenced and completed in conformance with Exhibit A. The entire Project shall be completed within 130 consecutive calendar days.

III. AGREEMENT SUM
Agency shall pay to Contractor for the performance of this Agreement, subject to any additions and deductions provided in the Project documents, the sum of $115,218.48 (“Agreement Sum”).

IV. PROGRESS PAYMENTS
45 Rev. 06/22 Page 2 of 15 Construction Agreement
Agency shall make progress payments on account of the Agreement Sum to the Contractor as provided in Exhibit A.

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

V. RETENTION OF SECURITIES
Public Contract Code section 22300 permits the substitution of securities for any monies withheld by a public agency to ensure performance under a contract, at the request and expense of the Contractor. Contractor shall notify Agency in writing of any election made under Public Contracts Code section 22300.

VI. INDEMNIFICATION
Contractor shall indemnify, defend with legal counsel approved by Agency, and hold harmless Agency, its officers, officials, employees, and volunteers (“Indemnified Parties”) from and against all claims for and actual liabilities, losses, damages, expenses, costs (including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation) of every nature relating to, arising out of or in connection with Contractor’s, its officers, agents, employees, or subcontractors (or any agency or individual that Contractor shall bear the legal liability thereof) negligence, recklessness or willful misconduct in the performance of work on and/or connected with the Project or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the Indemnified Parties. Should conflict of interest principles preclude a single attorney from representing both Agency and Contractor, or should Agency otherwise find Contractor’s attorney unacceptable, then Contractor shall reimburse the Agency its costs of defense, including without limitation reasonable attorney’s fees, expert fees, and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnified Parties with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless, or wrongful act, omission or performance. It is expressly understood and agreed that the foregoing provisions 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.
46 Rev. 06/22 Page 3 of 15 Construction Agreement
Contractor’s obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by Indemnified Parties. However, without affecting the rights of Indemnified Parties under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless Indemnified Parties for liability attributable to the sole or active negligence or willful misconduct of Indemnified Parties, provided such sole or active negligence or willful misconduct is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where Indemnified Parties are shown to have been solely or actively negligent or to have acted with willful misconduct and where Indemnified Parties’ sole or active negligence or willful misconduct accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the sole or active negligence or willful misconduct of Indemnified Parties.

VII. PREVAILING WAGES
A. Wage rates for this Project shall be in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1", for Inyo County.

B. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates

2. Section 1777.4 - Apprenticeship Requirements

3. Section 1777.5 - Apprenticeship Requirements

4. Section 1813 - Penalty for Failure to Pay Overtime

5. Sections 1810 and 1811 - Working Hour Restrictions

6. Section 1775 - Payroll Records

7. Section 1773.8 - Travel and Subsistence Pay
VIII. RECORD AUDIT
In accordance with Government Code section 8546.7, records of both the Agency and the Contractor shall be subject to examination and audit for a period of three (3) years after final payment.

IX. [reserved]
X. FINAL PAYMENT
47 Rev. 06/22 Page 4 of 15 Construction Agreement
Final payment, constituting the entire unpaid balance of the Agreement Sum, shall be paid by Agency to Contractor no sooner than thirty-five (35) days after a Notice of Completion has been issued, unless otherwise stipulated in the Notice of Completion, provided the work has then been completed, the Agreement fully performed, and a final payment has been made.

XI. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF PROJECT In the event Contractor fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if the Contractor for a period of three (3) calendar days after receipt of written demand from Agency or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, or to prosecute its work and all parts thereof in a diligent and workmanlike manner, then the Agency may exclude the Contractor from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the Agency to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the Agency, shall be a charge against the Contractor, and may be deducted from any money due or becoming due to Contractor from Agency, or Contractor shall pay Agency the amount of said charge, or the portion thereof unsatisfied. The sureties, provided for under this Agreement, shall become liable for payment should Contractor fail to pay in full any said cost incurred by the Agency.

XII. INSURANCE
Prior to the beginning of and throughout the duration of the Project, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so or to procure insurance coverage to satisfy the requirements.

Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to Agency.

Without limiting Contractor’s indemnification of Agency and/or the Indemnified Parties and prior to commencement of the Project, Contractor shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of 48 Rev. 06/22 Page 5 of 15 Construction Agreement
insurance of the type and amounts described below and in a form satisfactory to Agency.

General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01,04/13 in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and $2,000,000 completed operations aggregate. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Umbrella or excess liability insurance. [If required to meet higher limits].

Contractor shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer; • Concurrency of effective dates with primary policies.

Should Contractor obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor ’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Contractor shall require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees.
49 Rev. 06/22 Page 6 of 15 Construction Agreement
Contractor shall submit to Agency, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of Agency, its officers, agents, and employees.

Other provisions or requirements
Proof of insurance. Contractor shall provide certificates of insurance and required endorsements to Agency as evidence of the insurance coverage required herein.

Insurance certificates and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with Agency for the contract period and any additional length of time required thereafter. Agency reserves the right to require complete, certified copies of all required insurance policies, in receipt of a verified claim.

Duration of coverage. Contractor shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, subcontractors or subconsultants. Contractor must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. Agency and its officers, officials, employees, and agents shall continue as additional insureds under such policies.

Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by Agency shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of Agency before the Agency’s own insurance or self- insurance shall be called upon to protect it as a named insured.

Products/completed operations coverage. Products/completed operations coverage shall extend a minimum of three (3) years after Project completion.

Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed “by or on behalf” of the insured. Policy shall contain no language that would invalidate or remove the insurer’s duty to defend or indemnify for claims or suits expressly excluded from coverage. Policy shall specifically provide for a duty to defend on the part of the insurer. The Agency, its officials, officers, agents, and employees, shall be included as additional insureds under the products operations coverage. Additional insured status for both ongoing and complete operations will be extended to Agency by independent subcontractor performing on site labor.
50 Rev. 06/22 Page 7 of 15 Construction Agreement
Agency’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, Agency has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by Agency will be promptly reimbursed by Contractor or Agency will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, Agency may cancel this Agreement.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the Agency’s Risk Manager.

Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against Agency, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against Agency and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Contractor of non-compliance with any requirement imposes no additional obligations on the Agency nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the Agency requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Agency.

Notice of cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide the Agency with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. If any of the Contractor’s insurers are unwilling to provide such notice, then Contractor shall have the responsibility of notifying the Agency immediately in the event of Contractor’s failure to renew any of the required insurance coverages, or insurer’s cancellation or non-renewal. 51 Rev. 06/22 Page 8 of 15 Construction Agreement
Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that Agency and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

Pass through clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the Project by Contractor (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of Contractor under this Agreement. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. However, in the event Contractor’s subcontractor cannot comply with this requirement, which proof must be submitted to the Agency in writing, Contractor may still be able to utilize the subcontractor provided Consultant shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of the Contractor, but in all other terms consistent with the Contractor’s requirements under this Agreement. This provision does not relieve the Contractor of its contractual obligations under the Agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide Contractor with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of the Contractor under this Agreement given the limited scope of work or services provided by the subcontractor. Contractor agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to Agency for review.

Agency’s right to revise requirements. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90)-day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the Agency and Contractor may renegotiate Contractor’s compensation. 52 Rev. 06/22 Page 9 of 15 Construction Agreement
Timely notice of claims. Contractor shall give Agency prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of its work on the Project.

XIII. CONTRACTOR'S LICENSE
Contractor must possess at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing. Contractor shall ensure that any subcontractor working on the Project possesses at the time of commencing work and throughout the Project duration, a valid Contractor's License, issued by the State of California, which is current and in good standing.

XIV. REGISTRATION REQUIREMENTS
Pursuant to Section 1771.1(a) of the Labor Code:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
Contractor must be registered with the Department of Industrial Relations (DIR) of the State of California in order to be eligible to work on public works projects.

Contractor must ensure registration with the DIR is active and in good standing.

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 53 Rev. 06/22 Page 10 of 15 Construction Agreement
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

The Contractor is not subject to public works requirements (including registration with the DIR) if the public works project is under $1,000, unless the Agency knows that the same Contractor will be awarded total project costs in excess of $1,000 for a given year.

XV. CORPORATION IN GOOD STANDING
If Contractor is a corporation, the undersigned hereby represents and warrants that the corporation is duly incorporated and in good standing in the State of Wisconsin, and that Clint Whiteside whose title is Director of Sales Administration, is authorized to act for and bind the corporation.

XVI. COMPLIANCE WITH STATUTES AND REGULATIONS
Contractor will be knowledgeable of and will comply with all applicable federal, state, local, county, and city statutes, rules, regulations, ordinances, and orders.

XVII. PROVISIONS REQUIRED BY LAW
Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction.

XVIII. SUBSURFACE HAZARDOUS MATERIALS
A. In the event trenches or other excavations extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify Agency in writing of any:

1. Material that Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law.

2. Subsurface or latent physical conditions at the site differing from those indicated.

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in the Project or the character provided for in the Agreement. 54 Rev. 06/22 Page 11 of 15 Construction Agreement
B. Upon receipt of said notification, Agency will investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of or the time required for performance of any part of the Project, the Agency will issue a change order.

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

XIX. LIQUIDATED DAMAGES
Pursuant to Government Code section 53069.85, if work is not completed within durations established for the individual activities as set forth in Exhibit A, it is understood, acknowledged, and agreed Agency will suffer damage. It is therefore agreed that Contractor shall pay to Agency the sum of One Hundred Dollars $100.00) for each and every calendar day of delay beyond any completion schedule, construction schedule, or Project milestones established in or pursuant to Exhibit A or beyond the time indicated in Exhibit A for any individual Project activity.

Contractor expressly understands, acknowledges, and agrees that such liquidated damages can and shall be imposed if the Contractor does not meet each and every aspect of any activity schedule, completion schedule, construction schedule, or Project milestones established in or pursuant to Exhibit A. If the Agency accepts work or makes any payment under this Agreement after a default by reason of delays, the acceptance of such work and/or payment(s) shall in no respect constitute a waiver or modification of any provisions regarding a completion schedule, Exhibit A or the accrual of liquidated damages. In the event the same is not paid, Contractor further agrees that Agency may deduct the amount thereof from any money due or that may become due the Contractor under the Agreement.

This article does not exclude recovery of damages under provisions of the Agreement, and is expressly in addition to the Agency’s ability to seek other damages.

Contractor is to refer to Exhibit A for duration of individual activities. Liquidated damages may be assessed if any individual activity duration exceeds the time indicated for that activity on Exhibit A unless the time for such activity has been extended by mutual agreement of the parties and confirmed in writing.

XX. CLAIM PROCEDURES UNDER PUBLIC CONTRACT CODE SECTION 9204 55 Rev. 06/22 Page 12 of 15 Construction Agreement
Contractor shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay; 2) payment of money or damages arising from work done pursuant to this Agreement; and/or 3) payment of an amount disputed by the Agency under this Agreement.

XXI. COMPONENT PARTS OF THE AGREEMENT
This Agreement entered into consists of the following documents, all of which are component parts of the Agreement as if herein set out in full or attached hereto:

Scope of Work
All of the above-named contract documents are intended to be complementary.

Work required by one of the above-named contract documents and not by others shall be done as if required by all.

XXII. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties. No other agreements or contracts, whether oral or written, pertaining to the work to be performed, exists between the parties. This Agreement can be modified only by an amendment in writing, signed by both parties.

CONTRACTOR AGENCY
PlayCore Wisconsin, Inc. City of Bishop, California
By: By:

Title: Title:

Date: Date:

Director of Sales Administration
11/17/2023
56 Rev. 06/22 Page 13 of 15 Construction Agreement

EXHIBIT A
Scope of Work
57 58
59 60
61 62
63 64
65 66
67 68
69 70
Agenda Item: 12.C
Date of Meeting: November 27, 2023
Department: Public Works
To: City Council
From: Nora Gamino
Subject: Building Permitting and Inspection Memorandum of Understanding with Inyo County, Amendment 3
Prepared On: November 17, 2023
Attachments: Amendment 3_Inyo Co MOU Building Permitting and Inspection Inyo Co MOU Building Permitting and Inspection
OpenGov Permitting Proposal
OpenGov Quote for Inyo County
OpenGov Master Service Agreement

STAFF REPORT
Background/History:

The City has a memorandum of understanding (MOU) with Inyo County Public Works Department to provide Building Permitting and Inspection services. This MOU, signed in 2016, states that Inyo County will provide building official, building inspection, and plan check services to the City of Bishop. Office support activities are shared between the two agencies, which allows for better customer service to the public, and the City provides office space to the County employees. Amendments 1 and 2 added on-call technical review for parcel and subdivision maps and on-call City Engineer services, respectively, to the scope of County provided services.

Amendment 3 includes two changes to the MOU. The first is a $15,000 increase in the annual contribution the City pays for building permitting and inspection services. The second is for 20% of the cost of the OpenGov permitting software that will be utilized by the Building Department. The City’s cost for the first year of the software, which includes development and deployment, is $23,449. Subsequent years will cost $15,400 with a 5% increase annually.

Analysis/Discussion:

Building Permitting and Inspection Services
In 2023, the County Public Works Director requested an increase in City’s fiscal contribution to the MOU due to the increased operational costs. An analysis was performed to determine an appropriate fee for the services provided based on the amount of time County employees spend on City work, employment costs, and the cost of office space. An adjusted fee of $75,000 per year for the services outlined in the MOU and amendments was found to be appropriate and agreed upon by both parties. This is an increase of $15,000. 71 Building Permit Software
In an effort to modernize business functions, the Public Works and Building Departments started researching options for building permitting software in late 2022. The departments identified following goals they hoped to accomplish by instituting building permit software:
- Increased customer service through online self service functions and increased process transparency.
- Reduction of paperwork handling and storage, with an end-goal of a near “paperless” office.
- Streamlined interdepartmental transmittals with increased accountability. - Expansion to other permitting and licensing functions, such as planning and zoning approvals, public works encroachment, and special events. - Increased processing efficiencies through automated workflows. - Real time inspection updates and reporting through use of mobile technology.

Several companies hosted demonstrations of their software, however the OpenGov platform was able to meet the needs of the departments. An additional benefit of OpenGov is that the configuration and creation of the record types is easily managed by system administrators, meaning that City staff will be able to modify, create, and manage how the system works for our end users. Refer to the attached proposal from OpenGov for more information about the software.

Because the City and County share Building Permitting and Inspection, the County will hold the contract for the OpenGov software through a third-party GSA vendor, Vertosoft. In anticipation that the City might need to procure services directly from OpenGov in the future, such as assistance in development of an additional record type that the County does not want or need, the City will also enter into a Master Services Agreement with OpenGov. This MSA is a no-cost agreement until the time in which we choose to employ their services.

The City will reimburse the County for 20% of the total amount of the cost. This 80/20 split of the cost is based on population. Other methods of determining proportionate cost were analyzed, such as number of permits issued and use cases based on jurisdiction. However, due to a wide range of factors and the variations from year to year, it was agreed that a simple method based on population would suffice. The City’s first-year cost, which includes the fee for product development and training, is $23,449. The second-year cost, which is only for the software subscription, is $15,400. There is a 5% increase annually.

It is anticipated that once the software is deployed and running smoothly, it will initially save approximately 20% of staff time. As the department becomes more proficient with the program efficiency will also increase. It is expected that it will fill in communication gaps between departments and help expedite permitting, filing, and communication interdepartmentally.

Economic Impacts:

OpenGov permitting software is anticipated to bring economic benefits for the City of Bishop, primarily through operational efficiencies, improved customer service, potential cost savings, and the ability to expand services in the future to foster economic vitality of the City. Citizens, developers, and businesses seeking permits or approvals could experience faster and more accessible services that could expedite the construction process and lead to cost savings. 72 Efficiencies gained through automation, streamlined workflows, and reduced administrative burdens may lead to staff time cost savings and allow time for more strategic or customerfacing roles.

Budget Impacts:

This item is included in the 2023-2024 Fiscal Year Budget in the General Fund, Building, Miscellaneous Dues and Subscriptions account 001-022-52019.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Council to approve Amendment 3 to the Memorandum of Understanding Between the City of Bishop and Inyo County for Building Permitting and Inspection.

Approved By: Ethan Aukee 11/21/2023
Approved By: Robin Picken 11/21/2023
Approved By: Dean Pucci 11/22/2023
Approved By: Deston Dishion 11/22/2023
73

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AMENDMENT NUMBER 3
to
Memorandum of Understanding Between the City of Bishop and Inyo County For
Building Permitting and Inspection
WHEREAS, the County of Inyo (hereinafter referred to as “County”) and the City of Bishop (hereinafter referred to as “City”), have entered into an Memorandum of Understanding (“MOU”) for the Provision of building permitting and inspection services dated December 14, 2016.

WHEREAS, County and City approved Amendment Nos. 1 and 2 to the MOU on March 20, 2018, and March 26, 2020, respectively, to expand the scope of services provided under the MOU.

WHEREAS, the MOU provides that it may be modified, amended, changed, added to, or subtracted from, by the mutual written consent of the parties thereto.

WHEREAS, County and City do desire and consent to amend the MOU as set forth below.

NOW, THEREFORE, County and City hereby amend the MOU to add the following provisions:

1. The County intends to contract with OpenGov for the permitting platform as set forth in Exhibit A to this Amendment Number 3. If and when the County enters into that OpenGov contract, the City will pay for 20% of the cost of said OpenGov contract incurred by the County. The County and City will review annually, beginning on or about October 1, 2024, whether the City’s cost share is appropriate, or if it should be adjusted.

Any such adjustment shall be approved in writing.

2. Paragraph 12 of the MOU shall be replaced in its entirety as follows:
“12. Beginning July 1, 2023 the City will pay the County $75,000 per fiscal year (and a pro-rata portion of that amount for any partial payment) related to the provision of Services billed and paid on a quarterly basis, unless or until said amount is changed by mutual agreement of the parties.

All other terms and conditions remain unchanged.
[Signature Page Follows]
74

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AMENDMENT NUMBER 3
Memorandum of Understanding Between the City of Bishop and Inyo County For Building Permitting and Inspection

IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS _______ DAY OF _______________________________, _________.

COUNTY OF INYO
By:____________________________________
APPROVED AS TO FORM AND LEGALITY:
_______________________________________
County Counsel
APPROVED AS TO ACCOUNTING FORM:
________________________________________
County Auditor

CITY OF BISHOP
By:____________________________________
APPROVED AS TO FORM AND LEGALITY:
_______________________________________
City Attorney
75

Page 3 ends

EXHIBIT A
OpenGov Contract
76 77
78 79
80 81
82 83
84 85
86 OpenGov & Inyo County + Bishop
- Permitting Project Proposal
87 Confidential, Do not share
OpenGov Cloud
Dashboards | Performance
Public Engagement

BUDGETING &

PLANNING PROCUREMENT
Operating Budget
Capital Planning
Workforce Planning
Online Budget Book
Solicitation Development
Supplier Engagement
Evaluations & Awards
Contract Management
ASSET

MANAGEMENT

PERMITTING &

LICENSING
Asset Management
Work Management
Resource Management
Infrastructure Planning
Forms & Workflows
Public Portal
Inspections
Online Payments

REPORTING & TRANSPARENCY
88 Confidential, Do not share
Inyo County & Bishop
Current Situation: City and County struggling with manual, paper based permitting processes and looking for one centralized solution to digitize and manage City & County permits Challenges
● Permitting process managed in excel - no automated notifications, reminders, or routing.

Communication is difficult when folks are spread out geographically ● No in-field capability for staff to make updates, and there is a large territory to cover ● No online self service capability for residents, leading to staff receiving many calls for updates Project Goals
● Centralize & digitize both City & County applications & processing in one platform ● Automated workflow routing & notification to decrease processing time by 25%-50% and ensure applications don’t fall through the cracks
● Enable staff to make in-field updates in real time via tablet or smartphone ● Online self service capability for residents and developers for increased customer service Desired Go-Live Date: Project Start By End of 2023 / January 2024 89 STREAMLINED REVIEWS
Accelerate approvals by automatically
assigning reviewers and inspectors Permitting &
Licensing
Build an Experience
Applicants and Staff Love

PUBLIC PORTAL
Offer an intuitive and customizable
portal for applicants to interact online

IN-APP COLLABORATION
Easily notify applicants or colleagues
about outstanding items or changes

FULL CONTROL
Design workflows, fees, documents,
and reports without tech support
90 Proposal Options
91 Proposed Implementation Overview for Inyo County/City of Bishop Unlimited Usage: Unlimited Service Areas, Unlimited Users, Unlimited Record Types & Applications Record Types: Includes application form conversion, permit workflow, user permissions, fee schedules, output document creation, required attachments, renewals (if applicable)

1. Commercial Building Permit

2. Residential Building Permit

3. Application for Retail Food Facility

4. Septic Permit

5. Planning Permit 1

6. Planning Permit 2

7. Food Inspection
Training for each service area:
● Administrator Training
● End User Training
● Record Type Configuration Training
(Add ons) Integrations and Migrations:
● Master Address Table (MAT)
● ESRI ArcGIS Integration
● Flag Integration
● Data Migration - from Excel
● Autofills (code violation)
● Accounting & Finance Export (2)
● State Contractor Integration
Reporting:
● Records
● Inspections
● Payments
● Approval
● Documents
● Projects
92 | 7
OpenGov Permitting 3Y Proposal (2023 Rates)
Joint City & County Proposal
Product Unlimited Usage
OpenGov Permitting &
Licensing
(Annual)
Year 1: $64,400*
Future Years: $77,000*
Deployment
(One Time)
$74,685
*Discount of ~9.5% if multiple years paid up front
*Rates Based on Govt Budget Size *Unlimited Users & Unlimited Amount of Data *Includes Training, Support, Customer Manager, and Premium Support *All Updates to Cloud Platform Included in Subscription **Software Rates Increase 5% Annually Year 1 Cost $139,085
Ongoing Annual Cost $77,000**
93 Proposed Implementation Overview for Inyo County/City of Bishop Lighter Deployment
5 Service Areas: Building/Inspections, Planning, Fire, Code Enforcement, Business Licenses Record Types: Includes application form conversion, permit workflow, user permissions, fee schedules, output document creation, required attachments, renewals (if applicable)

1. Commercial Building Permit

2. Residential Building Permit

3. Application for Retail Food Facility)

4. Planning Permit 1

5. Food Inspection
Training for each service area:
● Administrator Training
● End User Training
● Record Type Configuration Training
(Add ons) Integrations and Migrations:
● Master Address Table (MAT)
● ESRI ArcGIS Integration
● Flag Integration
● Autofills (code violation)
● Accounting & Finance Export (2)
● State Contractor Integration
Reporting:
● Records
● Inspections
● Payments
● Approval
● Documents
● Projects
94 | 9
OpenGov Permitting 3Y Proposal (2023 Rates)
Joint City & County Proposal (Lighter Deployment)
Product Unlimited Usage
OpenGov Permitting &
Licensing
(Annual)
Year 1: $64,400*
Future Years: $77,000*
Deployment
(One Time)
$52,845
*Discount of ~9.5% if multiple years paid up front
*Rates Based on Govt Budget Size *Unlimited Users & Unlimited Amount of Data *Includes Training, Support, Customer Manager, and Premium Support *All Updates to Cloud Platform Included in Subscription **Software Rates Increase 5% Annually Year 1 Cost $117,245
Ongoing Annual Cost $77,000**
95 Confidential, Do not share
Common Purchase Methods
Common OpenGov Purchase Options
● Purchase Direct Director / City Manager Signing Thresholds ● Sole Source
● State Contract / Coop
● Piggyback on another City’s RFP
○ Selma, Sonoma, etc
State Contract / Coop's
● NASPO Valuepoint
● GSA
● TIPS
● Sourcewell
96 1602 Village Market Blvd SE, Suite 320
Leesburg, VA20175 USA
Cage Code: 7QV38
UEI Number Y7D5MXRU2839
DUNS# 080431574
Federal Tax ID: 81-3911287
Business Size: Small Business
Date: 11/20/2023, 2:57 PM
Phone: 571 707-4130
Fax: 571-291-4119
Email: [email protected]
Vertosoft Contact: Carly Moore
Phone: (540) 998-8361
Email: [email protected]
OpenGov Quote for County of Inyo, CA

Contract: GSA: GS-35F-688GA
Quote #: Q-03965
Expires On: 12/4/2023
Ship To
County of Inyo, CA
Michael Errante
[email protected]
Quote For:

Name: Michael Errante
Company:

Email: [email protected]
Phone:

PAYMENT TERMS DELIVERY METHOD PAYMENT METHOD VERTOSOFT CUST ID SUPPLIER REF # 2%/15, NET 30 Electronic Check/ACH/Credit Card
Overall POP Start Date: 12/5/2023
Overall POP End Date: 12/4/2026
12/05/2023-12/04/2024
PART # DESCRIPTION QTY UNIT PRICE EXTENDED
OG-SWCI-B80100M-AR-3Y Citizen Services — Unlimited Service Areas - Between $80-100 Million - 3Y

1.00 $44,400.00 $44,400.00
OG-TWAP-B80100M-AR-3Y Permitting and Licensing - Supporting Add-On Bundle - Between $80-100 Million - 3Y

1.00 $20,000.00 $20,000.00
OG-PSBG-B80100M-OT-0Y Professional Services Deployment - Prepaid - Between $80-100 Million - 0Y
271.00 $195.00 $52,845.00
12/05/2023-12/04/2024 TOTAL: $117,245.00

Page 1 of 2 ends

97 12/05/2024-12/04/2025
PART # DESCRIPTION QTY UNIT PRICE EXTENDED
OG-SWCI-B80100M-AR-3Y Citizen Services — Unlimited Service Areas - Between $80-100 Million - 3Y

1.00 $56,000.00 $56,000.00
OG-TWAP-B80100M-AR-3Y Permitting and Licensing - Supporting Add-On Bundle - Between $80-100 Million - 3Y

1.00 $21,000.00 $21,000.00
12/05/2024-12/04/2025 TOTAL: $77,000.00
12/05/2025-12/04/2026
PART # DESCRIPTION QTY UNIT PRICE EXTENDED
OG-SWCI-B80100M-AR-3Y Citizen Services — Unlimited Service Areas - Between $80-100 Million - 3Y

1.00 $58,800.00 $58,800.00
OG-TWAP-B80100M-AR-3Y Permitting and Licensing - Supporting Add-On Bundle - Between $80-100 Million - 3Y

1.00 $22,050.00 $22,050.00
12/05/2025-12/04/2026 TOTAL: $80,850.00
TOTAL: $117,245.00
Quote Terms
Customer’s use of the GSA MAS Contract: GS-35F-688GA is pursuant to the Terms and Conditions set forth at: https:// www.vertosoft.com/gsa
Taxes: Sales tax shall be added at the time of an invoice, unless a copy of a valid tax exemption or resale certificate is provided.

Credit Card Orders: Additional fees may apply if paying by credit card.

All Purchase Orders must include: End User Name, Phone Number, Email Address, Purchase Order Number, Government Contract Number or Our Quote Number, Bill-To and Ship-To Address (Cannot ship to a PO Box), Period of Performance (if applicable), and a Signature of a duly Authorized Representative.

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98 1
OpenGov Master Services Agreement Revised June 1, 2023
OpenGov Master Services Agreement
The parties to this Master Services Agreement (this “Agreement”) are OpenGov, Inc., a Delaware corporation (“OpenGov”), and the customer named in the signature block below (“Customer”). This Agreement, which becomes binding when the parties have signed it (the “Effective Date”), sets forth the terms under which Customer will be permitted to use OpenGov’s hosted software services and receive professional services.

1. Definitions

1.1. “Customer Data” means data that is provided by Customer to OpenGov pursuant to this Agreement (for example, by email or through Customer’s software systems of record).

Customer Data does not include any confidential personally identifiable information.

1.2. “Documentation” means materials produced by OpenGov that provide information about OpenGov’s software products and systems. Customers may access the most up-to-date Documentation on the Customer Resource Center page at opengov.zendesk.com.

1.3. “Intellectual Property Rights” means all intellectual property rights including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature.

1.4. “Order Form” means the document executed by the parties that specifies the Software Services that OpenGov will provide to Customer under this Agreement.

1.5. “Term” refers to the Initial Term defined in Section 6.1 plus all Renewal Terms defined in Section 6.2.

2. Software Services, Support, and Professional Services

2.1. Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially reasonable efforts to provide the commercial off-the-shelf software solutions identified in the applicable Order Form (“Software Services”).

2.2. Support and Service Levels. Customer support is available by email to [email protected] or by using the chat messaging functionality of the Software Services, both of which are available during OpenGov’s standard business hours.

Customer may report issues any time. However, OpenGov will address issues during business hours. OpenGov will provide support for the Software Services in accordance with the Support and Software Service Levels found at opengov.com/service-sla, as long as Customer is entitled to receive support under the applicable Order Form and this Agreement.

2.3. Professional Services

2.3.1. If OpenGov or its authorized independent contractors provides professional services 99 2
OpenGov Master Services Agreement Revised June 1, 2023
to Customer, such as implementation services, then these professional services (“Professional Services”) will be described in an applicable statement of work (“SOW”) agreed to by the parties. Unless otherwise specified in the SOW, any pre-paid Professional Services must be utilized within one year from the Effective Date.

2.3.2. Relevant travel expenses are provided in the SOW. Any other travel expenses related to the performance of the Professional Services shall be pre-approved by and reimbursed by Customer.

3. Restrictions and Responsibilities

3.1. Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as expressly permitted by the Agreement and Documentation. In addition, Customer shall not, and shall not permit or enable any third party to: (a) use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble, decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host, disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential personally identifiable information to OpenGov or the Software Services platform.

3.2. Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party software systems of record (such as Customer’s ERP systems) needed to connect to, access or otherwise use the Software Services.

Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all uses of Customer user accounts by any party other than OpenGov.

4. Intellectual Property Rights; License Grants; Access to Customer Data

4.1. Software Services. OpenGov owns all interests and Intellectual Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts, graphics and button icons, are the property of OpenGov. Customer may not copy, imitate, or use them, in whole or in part, without OpenGov’s prior written consent.

Subject to Customer’s obligations under this Agreement, OpenGov grants Customer a non-exclusive, royalty-free license during the Term to use the Software Services.

4.2. Customer Data. Customer Data and the Intellectual Property Rights therein belong to the Customer. Customer grants OpenGov and its partners (such as hosting providers) a nonexclusive, royalty-free license to use, store, edit, and reformat the Customer Data for the purpose of providing the Software Services. Customer further agrees that OpenGov and its partners may use aggregated, anonymized Customer Data for purposes of sales, marketing, business development, product enhancement, customer service, and data 100
3 OpenGov Master Services Agreement Revised June 1, 2023 analysis. Insights gleaned from aggregated, anonymized Customer Data will belong to OpenGov.

4.3. Access to Customer Data. Customer may download the Customer Data from the Software Services at any time during the Term, excluding during routine software maintenance periods. OpenGov has no obligation to return Customer Data to Customer.

4.4. Deletion of Customer Data. Unless otherwise requested pursuant to this Section 4.4, upon the termination of this Agreement, the Customer Data shall be deleted pursuant to OpenGov’s standard data deletion and retention practices. Upon written request, Customer may request deletion of Customer Data prior to the date of termination of this Agreement. Such a request must be addressed to “OpenGov Vice President, Customer Success” at OpenGov’s address for notice in Section 10.2.

4.5. Feedback. “Feedback” means suggestions, comments, improvements, ideas, or other feedback or materials regarding the Software Services provided by Customer to OpenGov, including feedback provided through online developer community forums.

Customer grants OpenGov a non-exclusive, royalty-free, irrevocable, perpetual, worldwide license to use and incorporate into the Software Services and Documentation Customer’s Feedback. OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation based on or derived from any of Customer’s Feedback including all Intellectual Property Rights in and to the improvements and modifications.

5. Confidentiality

5.1. “Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as “Confidential” or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure. OpenGov’s Confidential Information includes, without limitation, the software underlying the Software Services, and all Documentation.

5.2. Confidential Information does not include: (a) data that the Customer has previously released to the public; (b) data that Customer would be required to release to the public upon request under applicable federal, state, or local public records laws; (c) Customer Data that Customer requests OpenGov make available to the public in conjunction with the Software Services; (d) information that becomes publicly known through no breach by either party; (e) information that was rightfully received by a party from a third party without restriction on use or disclosure; or (f) information independently developed by the Receiving Party without access to the Disclosing Party’s Confidential Information.

5.3. Each party agrees to obtain prior written consent before disclosing any of the other party's Confidential Information. Each party further agrees to use the other's Confidential Information only in connection with this Agreement. Each party further agrees to protect the other party's Confidential Information using the measures that it employs with respect to its own Confidential Information of a similar nature, but in no 101
4 OpenGov Master Services Agreement Revised June 1, 2023 event with less than reasonable care. If a party is required to disclose Confidential Information by law or court order, they must notify the other party in writing before making the disclosure to give the other party an opportunity to oppose or limit the disclosure.

6. Term and Termination

6.1. Initial Term. This Agreement begins on the Effective Date and ends on the date the subscription ends (“Initial Term”), according to the Order Form, unless sooner terminated pursuant to Section 6.3.

6.2. Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term (each one is a new “Renewal Term”) unless either party notifies the other party of its intent not to renew this Agreement in writing no less than 30 days before the end of the then-current term.

6.3. Termination. If either party materially breaches any term of this Agreement and fails to cure such breach within 30 days after receiving written notice by the non-breaching party (10 days in the case of non-payment), the non-breaching party may terminate this Agreement. Neither party shall have the right to terminate this Agreement early without a legally valid cause.

6.4. Effect of Termination. Upon termination of this Agreement pursuant to Section 6.1, 6.2, or 6.3: (a) Customer shall pay in full for all Software Services and Professional Services performed up to and including the date of termination or expiration, (b) OpenGov shall stop providing Software Services and Professional Services to Customer; and (c) each party shall (at the other party’s option) return or delete any of the other party’s Confidential Information in its possession.

7. Payment of Fees

7.1. Fees; Invoicing; Payment; Expenses.

7.1.1. Fees. Fees for Software Services and for Professional Services are set forth in the applicable Order Form, and OpenGov will invoice Customer accordingly. Customer agrees to pay invoices within 30 days without setoffs, withholdings or deductions of any kind. Invoices are deemed received when OpenGov emails them to Customer’s designated billing contact. Obligations to pay fees are non-cancelable, and payments are non-refundable.

7.1.2. Annual Software Maintenance Price Adjustment. OpenGov shall increase the fees for the Software Services during any Renewal Term by 5% each year of the Renewal Term.

7.1.3. Travel Expenses. OpenGov will invoice Customer for travel expenses provided in the SOW as they are incurred. Customer shall pay all such valid invoices within 30 days of receipt of invoice. Each invoice shall include receipts for the travel expenses listed on the invoice.

7.1.4. Customer Delays; On Hold Fee.
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5 OpenGov Master Services Agreement Revised June 1, 2023

7.1.4.1. On Hold. Excluding delays caused by a force majeure event as described in Section 10.5, if OpenGov determines that Customer’s personnel or contractors are not completing Customer’s responsibilities described in the applicable SOW timely or accurately, OpenGov may place the Professional Services on hold. If OpenGov places a Customer on hold, OpenGov will ensure that Customer is made aware of its obligations necessary for OpenGov to continue performing the Professional Services. Upon placing a customer on hold, OpenGov may, without penalty, suspend Professional Services to the Customer and reallocate resources until the Customer has fulfilled its obligations. OpenGov shall bear no liability or otherwise be responsible for delays in the provision of the Professional Services occasioned by Customer’s failure to complete Customer’s responsibilities.

7.1.4.2. On Hold Notice; On Hold Fee. OpenGov may also issue an “On Hold Notice” specifying that the Customer will be invoiced for lost time in production (e.g., delayed or lost revenue resulting from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment, hosting providers and human resources idle) for a fee equal to 10% of the first year’s fee for Software Services. OpenGov may remove the on hold status and may rescind the fee in its discretion upon Customer’s fulfillment of its obligations set out in the On Hold Notice. And OpenGov may extend the timeline to complete certain Professional Services depending on the availability of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those who were working on the project prior to it being placed On Hold).

7.2. Consequences of Non-Payment. If Customer fails to make any payments required under any Order Form or SOW, then in addition to any other rights OpenGov may have under this Agreement or applicable law, (a) Customer will owe late interest penalty of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower and (b) If Customer’s account remains delinquent (with respect to payment of a valid invoice) for 30 days after receipt of a delinquency notice from OpenGov, which may be provided via email to Customer’s designated billing contact, OpenGov may temporarily suspend Customer’s access to the Software Service for up to 90 days to pursue good faith negotiations before pursuing termination in accordance with Section

6.3. Customer will continue to incur and owe all applicable fees irrespective of any such Service suspension based on such Customer delinquency.

7.3. Taxes. All fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes (“Sales Taxes”). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on OpenGov’s net income. If any Sales Taxes related to the fees under this Agreement are found at any time to be payable, the amount may be billed by OpenGov to, and shall be paid by, Customer. If Customer fails to pay any Sales Taxes, then Customer will be liable for any related penalties or interest, and will indemnify OpenGov for any liability or expense incurred in connection with such Sales Taxes. In the event Customer or the transactions contemplated by the Agreement 103
6 OpenGov Master Services Agreement Revised June 1, 2023 are exempt from Sales Taxes, Customer agrees to provide OpenGov, as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to OpenGov.

8. Representations and Warranties; Disclaimer

8.1. By OpenGov.

8.1.1. General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter into and perform this Agreement.

8.1.2. Professional Services Warranty. OpenGov further represents and warrants that the Professional Services, if any, will be performed in a professional and workmanlike manner in accordance with the related SOW and generally prevailing industry standards. For any breach of the Professional Services warranty, Customer’s exclusive remedy and OpenGov’s entire liability will be the re-performance of the applicable services. If OpenGov is unable to re-perform such work as warranted, Customer will be entitled to recover all fees paid to OpenGov for the deficient work.

Customer must give written notice of any claim under this warranty to OpenGov within 90 days of performance of such work to receive such warranty remedies.

8.1.3. Software Services Warranty. OpenGov further represents and warrants that for a period of 90 days after the Effective Date, the Software Services will perform in all material respects in accordance with the Documentation. The foregoing warranty does not apply to any Software Services that have been used in a manner other than as set forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software Services will be uninterrupted or error-free.

Customer must give written notice of any claim under this warranty to OpenGov during the Term. OpenGov’s entire liability for any breach of the foregoing warranty is to repair or replace any nonconforming Software Services so that the affected portion of the Software Services operates as warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-paid, unused portion of the fee for such Software Services.

8.2. By Customer. Customer represents and warrants that (a) it has all right and authority necessary to enter into and perform this Agreement; and (b) OpenGov’s use of the Customer Data pursuant to this Agreement will not infringe, violate or misappropriate the Intellectual Property Rights of any third party.

8.3. Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED “AS IS”

AND OPENGOV DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability
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9.1. By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES,

REPRESENTATIVES, CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR

LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR

INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR

ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND A PARTY’S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

9.2. By Amount. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE, CUMULATIVE LIABILITY

FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT

EXCEED THE FEES PAID BY CUSTOMER TO OPENGOV FOR THE SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY.

9.3. Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and

9.2 above do not apply to, and each party accepts liability to the other for: (a) claims based on either party’s intentional breach of its obligations set forth in Section 5 (Confidentiality), (b) claims arising out of fraud or willful misconduct by either party and (c) either party’s infringement of the other party’s Intellectual Property Rights.

9.4. No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to the extent set forth above, some of the above limitations may not apply to Customer.

10. Miscellaneous

10.1. Logo Use. OpenGov shall have the right to use and display Customer’s logos and trade names for marketing and promotional purposes in OpenGov’s website and marketing materials, subject to Customer’s trademark usage guidelines provided to OpenGov.

10.2. Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone. However, for notices, including legal notices, required by the Agreement (in sections where the word “notice” appears) the parties must communicate more formally in a writing sent via USPS certified mail and via email. OpenGov’s addresses for notice are: OpenGov, Inc., 6525 Crown Blvd #41340, San Jose, CA 95160, and [email protected].

10.3. Anti-corruption. Neither OpenGov nor any of its employees or agents has offered or provided any illegal or improper payment, gift, or transfer of value in connection with this Agreement. The parties will promptly notify each other if they become aware of any violation of any applicable anti-corruption laws in connection with this Agreement.

10.4. Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized use of a party’s intellectual property may result in serious and irreparable injury to the aggrieved party for which damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to any 105
8 OpenGov Master Services Agreement Revised June 1, 2023 other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without being required to post a bond or other surety or to prove either actual damages or that damages would be an inadequate remedy.

10.5. Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third-party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing.

10.6. Severability; Waiver. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any express waiver or failure to exercise promptly any right under this Agreement will not create a continuing waiver or any expectation of non-enforcement.

10.7. Survival. The following sections of this Agreement shall survive termination: Section 5. (Confidentiality), Section 7 (Payment of Fees), Section 4.4 (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9 (Limitation of Liability) and Section 10 (Miscellaneous).

10.8. Assignment. There are no third-party beneficiaries to this Agreement. Except as set forth in this Section 10.8, neither party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations to a third party without the other party's written consent, which consent may not be unreasonably withheld, conditioned, or delayed. Either party may assign, without such consent but upon written notice, its rights and obligations under this Agreement to its corporate affiliate or to any entity that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase, merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement will benefit and bind permitted assigns and successors.

10.9. Independent Contractors. This Agreement does not create an agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other.

10.10. Governing Law and Jurisdiction. California laws govern this Agreement, without regard to conflict of laws principles. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of or in connection with this Agreement shall be only in the Federal or State court with competent jurisdiction located in San Mateo County, California, and the parties submit to the personal jurisdiction and venue therein.

10.11. Complete Agreement. OpenGov has made no other promises or representations to Customer other than those contained in this Agreement. Any modification to this Agreement must be in writing and signed by an authorized representative of each party. 106
9 OpenGov Master Services Agreement Revised June 1, 2023 Signatures
Customer: City of Bishop
Signature:

Name: Nora Gamino
Title: Public Works Director
Date:

OpenGov, Inc.

Signature:

Name:

Title:

Date:

Approved as to Form:
________________________
City Attorney
107

Bishop City CouncilNovember 27, 2023

Bishop City Council
November 27, 2023