Calistoga City Council
March 18, 2025

Mayor
Donald Williams
Vice Mayor
Irais Lopez-Ortega
Councilmembers
Lisa M. Gift
Scott Cooper
Kevin Eisenberg
AGENDA
City Council
Tuesday, March 18, 2025 - 6:00 PM
1307 Washington St., Calistoga
Hybrid
Below is information on how the public may observe and participate in the meeting. The City recognizes that not all residents have the same ways to stay engaged, so several alternatives are offered.

Please participate in the meeting by observing or listening to the meeting in one of the following ways:

1. Watch on your TV – Napa Valley TV Channel 28 (call your cable provider to ensure you have a City of Calistoga coded cable box)

2. Listen or participate via your phone – dial 1-669-900-6833, enter webinar ID: 829-0729-5419, password: 123201

3. Watch or participate online via Zoom - click this link and enter password: 123201

4. Watch online via YouTube Live at youtube.com/cityofcalistoga COMMENT ON THIS MATTER DURING THE MEETING: Please participate in the meeting by providing public comment on any item on the agenda or any item of municipal concern. To comment during a virtual meeting (Zoom), click the "Raise Your Hand" button to request to speak when Public Comment is being taken on the Agenda item. You will be unmuted when it is your turn to make your comment for up to 3 minutes. After allotted time, you will be re-muted.

WRITTEN COMMENTS: Alternatively, you may provide public comment on any item on the agenda or any item of municipal concern via email. Please submit your comment, limited to 350 words or less, via email to [email protected]. Written public comments submitted by email should clearly indicate the Agenda Item No. or specify “Oral Communications” in the Subject Line for items not on the agenda and are requested to include the submitter’s full name. Comments received by 2:00 p.m. on the day of the meeting will be posted online with the agenda packet and included in the record but will not be read aloud. Comments received after 2:00 p.m. will be made part of the written record but will not be read verbally at the meeting. Note:

The methods of observing or listening to the meeting or providing public comments may be altered or the meeting may be cancelled, if needed, due to certain technical disruptions.

1. CALL TO ORDER/ROLL CALL/PLEDGE OF ALLEGIANCE AND OPTIONAL PATRIOTIC

ACTIVITY

2. REPORT FROM CLOSED SESSIONS

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS This time is set aside to receive comments from the public regarding matters on the Consent Calendar or matters of municipal concern not on the agenda. Pursuant to Government Code section 54954.3 (the Brown Act), however, the Council cannot consider any issues or take action on any requests not on the agenda during this comment period. Speakers are encouraged to limit their comments to 3 minutes maximum so that all speakers have an opportunity to address the City Council.

4. CITY MANAGER’S REPORT

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS

5.1. Proclaiming March American Red Cross Month
Recommended Action: - Consider Making the Proclamation
Staff Report - Proclaiming March American Red Cross Month - Pdf (Page 5 - 6)

5.2. City Manager's Office update for City Council.

Recommended Action: Receive the presentation.

PRESENTATION - City Manager Department Update (Page 7 - 24)

6. CONSENT CALENDAR

6.1. Adopting the Minutes of the February 3rd (Special Meeting), 18th (Special Meeting) and 25th (Regular Meeting) meeting minutes.

Recommended Action: - Consider Adopting the Minutes
Staff Report - Adoption of Minutes - Pdf (Page 25 - 31)

6.2. Consider adopting a Resolution for a Fee Credit and Reimbursement Agreement for Cinnabar Grove Located at 2008 Grant Street
Recommended Action: - Consider Adopting the Resolution
Staff Report - Fee Credit and Reimbursement Agreement for Cinnabar Grove Located at 2008 Grant Street - Pdf (Page 32 - 91)

6.3. Consider Adopting A Resolution To Allow the City Manager to Approve An Amendment to The Agreement For First Responder Services With Napa County Recommended Action: - Consider Adopting the Resolution
Staff Report - Agreement for First Responder Services Amendment - Pdf (Page 92 - 99)

6.4. Consider adopting a resolution to amend the New Business License Application Fee Schedule and the City of Calistoga Book of Fees to include street and sidewalk vending business types.

Recommended Action: - Consider Adopting the Resolution
Staff Report - Establishment of Street & Sidewalk Vending Fee Schedule - Pdf (Page 100 - 103)
Proposed Street and Sidewalk Vendor Fees - 03.2025 (Page )

6.5. Consider adopting a resolution to provide funding and resources for the Green Committee's proposed Earth Day events.

Recommended Action: - Consider Approving the Funding.

Staff Report - Green Committee Request for Earth Day Events Funding - Pdf (Page 104 - 109)

6.6. Consideration of a Resolution Accepting a Notice of Completion for the Logvy Park Improvement Project
Recommended Action: - Consider Adopting the Resolution
Staff Report - Notice of Completion for the Logvy Park Improvement Project - Pdf (Page 110 - 115)

6.7. Consideration of a Resolution Authorizing the City Manager to Award a Professional Services Agreement to Consor North America in an amount Not to Exceed $150,997, to Provide Environmental and Engineering Services for the Conn Creek Water Pipe Replacement Project.

Recommended Action: - Consider Adopting the Resolution
Staff Report - Award design for the Conn Creek Waterline Replacement Project - Pdf (Page 116 - 196)

6.8. Providing contracted police dispatch services for St. Helena Police Department

Recommended Action: Authorize the City Manager to execute a three-year contract for the Calistoga Police Department to provide the public safety dispatch services for the St. Helena Police Department. Consider Adopting the Resolution Staff Report - Contracted Police Dispatch Services - Pdf (Page 197 - 216)

6.9. Council will consider making a proclamation celebrating Women's History Month.

Recommended Action: - Consider Making the Proclamation
Staff Report - Proclaiming March 2025 Women's History Month - Pdf (Page 217 - 218)

7. PUBLIC HEARING

8. GENERAL GOVERNMENT

8.1. Resolution to Establish Advisory Committee Bylaws and Advisory Committees Recommended Action: - Consider Adopting the Resolution
Staff Report - Advisory Committees and Bylaws and City Council Liaisons - Pdf (Page 219 - 234)
Public Comment 8.1 (Page )

8.2. Council direction regarding Measure D housing funds Recommended Action: - Consider discussing the item and providing Staff Direction.

Staff Report - Measure D Housing Funds - Pdf (Page 235 - 290)

8.3. Reviewing a Business Economic Diversification Grant application and consider awarding.

Recommended Action: Consider Awarding the Business Economic Diversification Grant to Calistoga Mud Company in the amount of $500
Staff Report - Reviewing a Business Economic Diversification Grant Application - Pdf (Page 291 - 308)
2022-027 Establishment of a Business Diversification Program Subcommitee to Encourage Economic Diversity in Calistoga (Page )
Application - Business Diversification (Page )
Grant Emails (Page )

8.4. City Council Civic Operating Agreements Annual Update Recommended Action: Consider adopting the Civic Operating Agreements for 2025 Staff Report - City Council Civic Operating Agreements Annual Update - Pdf (Page 309 - 342)
Public Comment 8.4 (Page )

9. COUNCIL REPORTS

10. ADJOURNMENT
NOTICE: If you challenge a city’s zoning, planning, or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any City administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for Litigation, in certain cases 30 days following the date of final decision.

Pursuant to GC §54957.5: any writings/documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection on the City website at www.ci.calistoga.ca.us.

SUPPLEMENTAL MATERIAL RECEIVED AFTER THE POSTING OF THE AGENDA:

Any supplemental writings or documents distributed to a majority of the City Council regarding any item on this Agenda, after the posting of the Agenda, such writings or documents will be made available on the City’s website

and will be available for public review in the City Clerk’s Office located at 1232 Washington Street, Calistoga, California, during normal business hours and by appointment.

AMERICANS WITH DISABILITIES ACT: The City can provide special assistance for persons with disabilities to participate in public meetings. To make a request for disability-related modification or accommodation please contact the City Clerk at [email protected] or (707) 942-2807. If you need assistance or accommodation, please provide notice at least 48 hours prior to the meeting. For TTY/ Speech-to-Speech users, dial 7-1-1 for the California Relay Service, offering free text-to-speech, speech-to-speech, and Spanish language services 24 hours a day, 7 days a week.

ACTA DE AMERICANOS CON DISCAPACIDADES Se les pide por favor que avise con 48 horas de anticipacion cuando necesita hacer un pedido de assistencia. Esto nos da suficiente tiempo antes de la junta para que la ciudad tome medidas razonables.

POSTING: I declare a copy of this agenda was posted at City Hall, 1232 Washington Street, Calistoga, among other locations in the city limits of Calistoga, on March 12, 2025, by 4:30 p.m.

Yudiana Galvan, City Clerk

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Mar 18 2025
Subject: Proclaiming March American Red Cross Month
DESCRIPTION:

Proclaiming March American Red Cross Month
RECOMMENDATION:

Consider Making the Proclamation
SUMMARY:

The City Council has been invited to consider proclaiming March, American Red Cross month.

FINANCIAL IMPACT:

None
CEQA STATUS:

No Impact
ATTACHMENT(S):

Red Cross Proclamation
APPROVAL(S):

Laura Snideman, City of Calistoga | City Manager Approved - Mar 10 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #5.1.

CITY OF CALISTOGA PROCLAMATION
in Honor of the Red Cross
Whereas, this March, we celebrate American Red Cross Month by recognizing the compassionate acts of people in Calistoga and by renewing our commitment to lend a helping hand to our neighbors in need. Since Clara Barton founded the American Red Cross, volunteers, blood and platelet donors, and financial supporters have given back through the Napa/Sonoma Disaster Response Area of the American Red Cross; and
Whereas, these voluntary and generous contributions — delivering shelter, food and comfort during disasters; providing critical blood donations for hospital patients; supporting service members, veterans and their families; saving lives with first aid, CPR, AED and other skills; or delivering international aid and reconnecting loved ones separated by global crises all bring hope to our citizens in their darkest hours; and
Whereas, this work to uplift our community is truly made possible by those who selflessly answer the call to help. We recognize this month of March in honor of their remarkable service.

Now, therefore, be it resolved, that the Calistoga City Council does hereby proclaim March 2025 a Red Cross Month. We encourage all citizens of Calistoga to reach out and support its humanitarian mission/
Signed and sealed, this 18th day of March, in the year Two Thousand Twenty-Five

Item #5.1.

Item #5.2.

2 City Manager Department Update
Item #5.2.

3 City Manager Role
• CEO
• Responsible for day-to-day
services to the community
• Manage financial and
human resources
• To provide high quality, efficient
and effective services
• Personal core values
• Ethics
• Long-term fiscal sustainability
• Professionalism
• Best practices
• High standards
Primary Role:

Implementation of City Council Goals & Policies
Professional city managers establish a commitment to excellence within the local government organization that sets the tone for all employees. These individuals expect staff at all levels, from department directors to line employees, to meet high standards in service delivery, accountability, and ethics. Together, they look for more effective and efficient ways to serve the members of their community.

Item #5.2.

4 City Manager Department
The City Manager’s Office oversees these functions to ensure efficient municipal operations. These include:
• City Council Relations: The City Manager is responsible for implementing council decisions and facilitating communication between departments and the council. • City Budget Process: The City Manager works with all city departments to develop the annual budget, allocate funds, monitor expenditures, and ensure financial stability. • City Attorney/Legal Services: Coordinating with contracted City Attorney to ensure compliance with laws, seek legal council, and manage legal risks.
• City Human Resources: Overseeing hiring, employee relations, benefits, and training programs. • Risk Management: Implementing policies and training to minimize liabilities and ensure public safety. • City Clerk/Elections: Ensuring compliance with election laws, record-keeping, public documentation, and respond to Public Record Act requests.
• Community Promotions: Supporting initiatives that enhance community engagement, economic development, and public relations.

Item #5.2.

5 City Manager Department Staff
Mitch Celeya, Assistant City Manager
❖ Fire Department
❖ Human Resources
❖ Police Department
❖ Special projects/City Council initiatives
Rena Lariz, Human Resources Manager
❖ Benefits
❖ Organizational Culture
❖ Recruitment & Retention
❖ Risk Management
❖ Training
Rachel Stepp, Deputy City Manager
❖ Administrative Services (Finance)
❖ Fairgrounds
❖ Information Technology
❖ Recreation & Special Events
❖ Special Projects
Yudiana Galvan, City Clerk
❖ Administrative Records (Public Records,
Municipal Code, Permanent Records, Etc.)
❖ Advisory Body Recruitments
❖ Agenda Packets & Public Notices
❖ Elections & Political Reform Filing
Officer/Conflict of Interest
Laura Snideman, City Manager
Assistant City Manager; City Council Liaison; Deputy City Manager; Planning & Building; Public Works; City Clerk
Shannon Mattingly, Executive Assistant
Supports ACM, City Clerk, CM, Fire, & HR
Item #5.2.

6 Reporting Structures
Item #5.2.

7 Organizational
Accomplishments
Item #5.2.

8 Accomplishment: Building a Team!
• Staffing crisis in 2022
• Human Resources Manager
• New Department Directors
•Administrative Services (Finance) Director
•Assistant City Manager
•Deputy City Manager
•Fairgrounds Revitalization Director
•Fire Chief
•Planning & Building Director
•Police Chief
Item #5.2.

9 Accomplishment:

Modernizing City Functions
• Technology Crisis
• Workspace Crisis
• Policies and Processes
• Internal controls
• Council agenda packet process
• Contracting process
• Best practices
Item #5.2.

10 Accomplishment:
“Fragile” to “Fully Functional”
• Resiliency
• Flexibility
• Succession Planning
• More community involvement
• Team building / Organizational culture building
Item #5.2.

11 Assistant City Manager –
Mitch Celaya
Current Projects
Item #5.2.

12 Current ACM Projects
NVTID Renewal
Petrified Forest &
Foothill Blvd.

Development
Lincoln Avenue
Apartments
Development
Lincoln Avenue
Sidewalks Right-of
Way Acquisition
USDA Rural
Development
Community Facilities
Grant & Loan
Acquisition

CPD/SHPD
Contracted Dispatch
Services
Cross-departmental
coordination
including complex
customer service and
code enforcement
Know Your Rights
Outreach and
Partnership with
UpValley Family
Centers
Calistoga Chamber
of Commerce
Agreement
Item #5.2.

13 Deputy City Manager –
Rachel Stepp
Key Projects
Item #5.2.

14 More Efficient Workspaces
City Hall Workspace Overview
Project Goals:
•Create additional work space
•Enhance department efficiency and communication
•Improve public access to city leadership
•Modernize workspaces for functionality & productivity
Key Improvements:

Added Two New Offices – Dedicated spaces for City Clerk and Assistant City Manager to enhance public interaction and service efficiency Reorganized Workstations – Provided desks for each Finance staff member and kept entire department housed housed together for better collaboration City Manager's Office Relocated & Renovated – Moved downstairs to improve public accessibility
Modernized IT Functionality – Updated wiring and hardware; Migrated to Teams Calling for improved communication and efficiency Item #5.2.

15 IT Assessment Action Plan Update –
Completed Projects
Recommendation 3: Fund an IT Manager or use a CIO on-demand service. • Status: Complete. Competitive request-for-proposal (RFP) process completed and contract awarded by the City Council to SDI for virtual services.

Recommendation 4: Review and modify IT service provider contract. • Status: Complete. Competitive RFP process completed and the City Council recently awarded the contract; transition to occur mid-May 2025 Recommendation 9: Conduct a Needs Analysis for replacing MOMS. • Status: Complete. Competitive RFP process completed and the City Council awarded the contract for Tyler ERP Pro 10; 1-2 year implementation began January 2025.

Recommendation 10: Consider acquiring a new recruitment application. • Status: Complete. Decision was to try to use a module in the new Tyler ERP Pro

10. Recommendation 12: Engage a vendor to assess and replace AV equipment in the Community Center.
• Status: Complete. Project allows for hybrid city council meetings.

Item #5.2.

16 IT Assessment Action Plan Update –
Projects Underway
Recommendation 2: Establish a formal IT Governance Committee. • Status: In progress.

Recommendation 5: Review remote work policies and procure necessary assets.
• Status: In progress. Remote work policy implemented; certain necessary computer replacements underway as existing workstations age out.

Recommendation 6: Address issues with the telephone system. • Status: In progress. Transitioning to Microsoft Teams Calling.

Recommendation 8: Organize IT-related expenses separately to better track total cost of ownership.
• Status: In progress. Can be accomplished after the new Tyler ERP Pro 10 system is implemented.

Recommendation 11: Evaluate and potentially replace the City website. • Status: In progress. Using Granicus OpenCities, completion is expected late 2025.

Item #5.2.

17 IT Assessment Action Plan Update –
Projects to be Scheduled
Recommendation 1: Conduct a Business Impact Analysis.

Next Steps: Work with new Managed Services Provider to complete a Business Impact Analysis, including a Disaster Recovery and Business Continuity Plan (DR/BCP) in Fiscal Year 2026. This work is required for compliance with the FBI's Criminal Justice Information System Security Policy.

Recommendation 7: Develop an IT asset inventory and refreshment plan.

Next Steps: Work with new Managed Services Provider to complete a full asset inventory.

Recommendation 13: Develop and implement an enterprise
content/document management system.

Next Steps: City Clerk working on cost for possible project in FY 25-26 Recommendation 14: Conduct a study to upgrade the EOC for emergency operations.

Recommendation 15: Prioritize and obtain funding for Fire Department IT projects.

Item #5.2.

18 More Information and Contact
• Visit us!
1232 Washington Street
• Call us!
707-942-2805
• Email us!
City Council projects and general city and
department information:

Laura Snideman: [email protected]
Public Safety, special projects, and community
outreach:

Mitch Celaya: [email protected]
Recreation, Fairgrounds, and IT Projects:

Rachel Stepp: [email protected]
Item #5.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Mar 18 2025
Subject: Adoption of Minutes
DESCRIPTION:

Adopting the Minutes of the February 3rd (Special Meeting), 18th (Special Meeting) and 25th (Regular Meeting) meeting minutes.

RECOMMENDATION:

Consider Adopting the Minutes
SUMMARY:

Adopting the Minutes of the February 3rd (Special Meeting), 18th (Special Meeting) and 25th (Regular Meeting) meeting minutes.

FINANCIAL IMPACT:

None
CEQA STATUS:

None
ATTACHMENT(S):

Draft Minutes 2.25.25
Draft Minutes 2.3.25 - Special Meeting
Draft Minutes 2.18.25 - Special Meeting
APPROVAL(S):

Laura Snideman, City of Calistoga | City Manager Approved - Mar 11 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #6.1.

MINUTES

CALISTOGA CITY COUNCIL - REGULAR MEETING
Tuesday, February 25, 2025 - 6:00 PM
Calistoga Community Center | 1307 Washington Street Calistoga, CA 94515

1. Call to Order/Roll Call/Pledge of Allegiance and Optional Patriotic Activity Vice Mayor Lopez-Ortega called the regular session to order at 6:00 p.m.

Present: Mayor Williams (via teleconference), Vice Mayor Lopez Ortega and Councilmembers Eisenberg, Cooper and Gift.

Absent:

2. REPORT FROM CLOSED SESSIONS
There were two closed sessions in February, one for real estate negotiations and the other for an employee evaluation. There was no reportable action.

3. ORAL COMMUNICATION ON CONSENT ITEMS OR NON-AGENDA ITEMS There was public comment by Sally Houk, Jim Rendler and Cindy Yant.

4. CITY MANAGER’S REPORT
City Manager Snideman Reported:

1. Welcomed new Building Official Jim Green.

2. We are accepting applications for ATAC, Napa County Library Commission and Fairgrounds Committee.

3. We have added Special Fairgrounds Meetings, still on Tuesdays and still at 6pm.

4. There was vandalism on the Fairgrounds. The property remains closed to the public, please call in if you spot someone there beside the food bank and Art Center attendees.

5. The 2025 Spring and Summer Recreation Guide has launched, registration starts Monday.

6. The Napa Valley Marathon this Sunday morning, runners start in Calistoga.

7. We are bringing back the speaker cards, citizens will be able to include an email address for agenda subscription.

5. PROCLAMATIONS/PRESENTATIONS/ AWARDS

5.1. Planning and Building Director Greg Desmond presented a departmental update and answered Council questions.

There was public comment by Cindy Yant and Kerri Abreu.

6. CONSENT CALENDAR

6.1. The Consent Calendar was adopted.

Item #6.1.

Motion by Vice Mayor Lopez-Ortega and seconded by Councilmember Gift to adopt the consent calendar as presented Motion Carried Via Roll Call AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None

6.2. Adoption of Resolution 2025-19 - Authorizing a Professional Services Agreement with the Boys and Girls Club for teen services and a License Agreement with the Boys and Girls Club for use of the Monhoff Building.

6.3. Adoption of Resolution No. 2025-13 - Confirming the Mayor's Appointment of Gerardo Capiel and Ivan Miller to the Active Transportation Advisory Committee (ATAC).

6.4. Adoption of Resolution No. 2025-14 - Approving a three year agreement with SDI Presence, LLC, to provide the City Information Technology Managed Services.

6.5. Adoption of Resolution No. 2025-15 - Accepting a Notice of Completion for the Aeration Basin Liner Replacement Project.

6.6. Adoption of Resolution No. 2025-16 - Authorizing a non-routine encroachment permit for installation and maintenance of a sediment interceptor device on Fair Way Adjacent to 1507 Lincoln Ave.

6.7. Adoption of Ordinance No. 775 - Second reading amending the Calistoga Municipal Code (CMC) in multiple sections regarding peddling, soliciting, street and sidewalk vending, and mobile food vending activities in the City of Calistoga.

6.8. Adopted - Minutes of the February 3, 2025 Special Meeting and February 4, 2025 Regular Meeting.

7. PUBLIC HEARING

7.1. Adoption of Resolution No. 2025-17 - Approving an On-Bill Financing Loan Agreement with PG&E, and Energy Conservation Agreement with Eco-Green Solutions for the City Building/Facilities Energy Efficiency Equipment Replacement Project.

This item was presented by Director Rayner and discussed by Council.

Motion by Vice Mayor Lopez-Ortega and seconded by Councilmember Eisenberg to adopt the resolution Motion Carried Via Roll Call
AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
Item #6.1.

ABSENT: None

8. GENERAL GOVERNMENT
The items were heard in the following order - 8.1, 8.6, 8.2, 8.3, 8.4 and 8.5

8.1. Adoption of Resolution No. 2025-18 - Approving Fiscal Year 24-25 Mid-year budget amendments.

This item was presented by Admin. Services Director Connie Cardenas and discussed by Council.

Motion by Councilmember Eisenberg and seconded by Councilmember Cooper to adopt the resolution that amends the Fiscal Year 24-25 Budget. Motion Carried Via Roll Call AYES: Mayor Williams, Vice Mayor Lopez-Ortega, Councilmember Gift, Councilmember Cooper, and Councilmember Eisenberg NOES: None
ABSTAIN: None
ABSENT: None

8.2. Item was moved to the next Regular City Council Meeting - Seeking Council direction regarding Measure D housing funds.

8.3. Received Council Direction - Regarding Housing Development on the City-owned Earl and Eddy Parcels. This item was presented by Planning and Building Director Greg Desmond and discussed by Council.

Council requested staff explore option four and a possible partnership with the Calistoga School District.

8.4. Received Council Direction - Regarding options of obtaining local control of Lincoln Avenue Sidewalks to allow and manage business activities.

This item was presented by Assistant City Manager Celaya and discussed by Council.

There was public comment by Eric Reichart and Rick Kaiser.

Council directed staff to move to seek taking control of the sidewalks and come back to Council with more details regarding taking ownership and adding an amendment to the encroachment permit.

8.5. Received Council Direction - Regarding short-term rentals. This item was presented by Planning and Building Director Greg Desmond and discussed by Council.

There was public comment by Eric Reichart.

Council directed staff to request proposals from short-term rental monitoring and Item #6.1.

enforcement software.

8.6. Council Made a Proclamation Statement of Support Regarding Immigration and presented it to Jenny Ocon of Up Valley Family Center.

9. COUNCIL REPORTS
Vice Mayor Lopez-Ortega reported that she would like to have the Lincoln Ave Apt on the next agenda for discussion and councilmembers concurred. Director Desmond confirmed he could put it together. She attended the NCLOG quarterly meeting regarding homelessness.

Councilmember Cooper attended an UpValley Waste Management Meeting, there was a little turmoil with an FBI Grand Jury Subpoena for investigation into the management contracts, the Chair was replaced by Anne Cottrell and Councilmember Cooper was nominated for Vice Chair.

Councilmember Gift reported on the actions that Council should take following the Statement of Support they issued tonight, members of our community are living in fear because of the actions of the current administration, she requested an item on the agenda to discuss future DUI checkpoints and educate the community about it. Council asked ACM Celaya to arrange a presentation for community education in hopes it will alleviate any fear members of the community may feel. This is in addition to the Know Your Rights meetings the Councilmembers, Police Chief, City Manager and Assistant City Manager have been attending.

Mayor Williams reported he attended NVTA meeting, NVTA is trying to recover some funds from PG&E and Engineers who made errors in the design, so we may recuperate some City Funds. The signage on the bike trail will be decreased. The ridership in the Vine Bus has slowly been increasing but still lower than before the pandemic.

Councilmember Eisenberg reported the County ATAC is holding an open house in the Community Center on April 4th 5:30pm-7:30pm for Calistoga residents to provide input on Countywide transportation. He is also now on the NVTA Vine Trail maintenance committee and was elected to be the vice chair on the Climate Action Committee.

10. ADJOURNMENT
Vice Mayor Lopez-Ortega adjourned the meeting, at 8:52 p.m.

Respectfully submitted:

Prepared by: Approved by:
______________________ ______________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

MINUTES

CALISTOGA CITY COUNCIL - CLOSED SESSION
Monday, February 3, 2025 - 3:00 PM
Calistoga Community Center | 1307 Washington Street Calistoga, CA 94515

1. CALL TO ORDER – ROLL CALL
Mayor Williams called the regular session to order at 3:02 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift.

Absent:

2. ORAL COMMUNICATION
There was no oral communication.

3. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

3.1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Government Code §54957 (b)(1))
Title: City Manager

3.2. CONFERENCE WITH LABOR NEGOTIATORS
(Government Code §54957.6)
Agency Designated Representative(s): Michelle Marchetta Kenyon; Unrepresented Employee: City Manager

4. ADJOURNMENT
Mayor Williams adjourned the closed session meeting at 5:22 p.m.

Item #6.1.

MINUTES

CALISTOGA CITY COUNCIL - CLOSED SESSION
Tuesday, February 18, 2025 - 4:00 PM
Calistoga Community Center | 1307 Washington Street Calistoga, CA 94515

1. CALL TO ORDER – ROLL CALL
Mayor Williams called the regular session to order at 4:02 p.m.

Present: Mayor Williams, Vice Mayor Lopez-Ortega and Councilmembers Eisenberg, Cooper and Gift

Absent:

2. ORAL COMMUNICATION
Public Comment was made by Susan Shaw of Calistoga Cares Food Bank.

3. ADJOURN TO CLOSED SESSION ON THE FOLLOWING MATTER:

Conference with Real Property Negotiators
Government Code § 54956.8
Property: Rock Room and Tubbs Kitchen in the Tubbs Building, including a path of travel, and use of the common areas at the Calistoga Fairgrounds property at 1435 North Oak Street Agency Negotiator: Laura Snideman, City Manager
Negotiating Parties: Calistoga Cares Food Bank, Susan Shaw, Board of Directors Under Negotiation: Price and Terms of Payment.

Conference with Real Property Negotiators
Government Code § 54956.8
Property: 1435 North Oak Street (APN 11-140-055)
Agency Negotiator: Laura Snideman, City Manager
Negotiating Parties: Pacific Gas and Electric, Jamie Stevens, Right of Way Agent Under Negotiation: Price and Terms of Payment
Conference with Real Property Negotiators
Government Code § 54956.8
Property: The Cropp Building, including a path of travel, and use of the common areas at the Calistoga Fairgrounds property at 1435 North Oak Street.

Agency Negotiator: Laura Snideman, City Manager
Negotiating Parties: Calistoga Arts Center, Maureen O’Neil and Babbette Pinsky, Directors Under Negotiation: Price and Terms of Payment

4. ADJOURNMENT
Mayor Williams adjourned the closed session meeting.

Prepared by: Approved by:
______________________ ______________________
Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.1.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Mar 18 2025
Subject: Fee Credit and Reimbursement Agreement for Cinnabar Grove Located at 2008 Grant Street
DESCRIPTION:

Consider adopting a Resolution for a Fee Credit and Reimbursement Agreement for Cinnabar Grove Located at 2008 Grant Street
RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

The project proposes a residential subdivision consisting of 15 single-family residential lots located at 2008 Grant Street (APN 011-010-033). The Planning Commission approved the tentative map for the property by Resolution No. 2022-7 with conditions of approval.

The conditions of approval require the developer to upsize the existing sewer main on Grant Street and installing a new sewer main on North Oak Street to mitigate the project’s sewer impacts, install a new sidewalk along Redwood Avenue to Grant Street, and provide public access through the subdivision via a pedestrian/bike bridge between the new sidewalk along Redwood Avenue and Amber Way. The costs to complete the above improvements are reimbursable against the project’s water, sewer and transportation impact fees respectively.

The total water and sewer impact fees for the project are estimated at $1,254,752 and the transportation impact fee is estimated at $179,491. The estimated total cost of sewer and sidewalk improvements are $1,343,062 and $101,138 respectively.

Pursuant to Section 3.28.060 of the Calistoga Municipal Code, Developer may receive and the City may grant credit for the construction of eligible public improvements or facilities in accordance with the Nexus Reports or special studies; provided, however, the amount of the fee credit or reimbursement shall not exceed the amount of the impact fees assessed for which the fee credit or reimbursement is granted unless the City Council also approves a reimbursement agreement.

The city has prepared a Fee Credit and Reimbursement Agreement to provide for the timely construction and completion of the Public Improvements, to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications, to provide a means by which the Developer’s costs for construction of the Public Improvements is offset against Developer’s obligation to pay the applicable connection/impact fees for the project and to provide for reimbursement of costs in excess of the credit granted for eligible improvements, if any.

Item #6.2.

FINANCIAL IMPACT:

The maximum credit awarded to the developer for the off-site improvement is the total project’s water, sewer and transportation impact fees.

If the total cost of completing off-site improvements exceeds available project’s connection/impact fees and there are insufficient funds in the City’s account for the relevant Impact or Connection Fees, then the City may elect to defer the payment of the remaining amounts until the time the funds become available in the City’s Impact/Connection fees account. City Council may appropriate the funds by resolution, provided, however, the City is under no obligation to reimburse Developer from any source of revenue other than Impact or Connection Fees.

CEQA STATUS:

The subdivision has been reviewed in compliance with the California Environmental Quality Act (CEQA) and it has been determined that the project will not result in detrimental or adverse impacts upon the public resources, wildlife or public health, safety and welfare.

ATTACHMENT(S):

Draft Resolution -2008 Grant Reimbursement Agreement
developer signed_2008 Grant FCRA_3.3.2025
APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - Mar 07 2025 Connie Cardenas, Admin. Services Director Approved - Mar 07 2025 Laura Snideman, City of Calistoga | City Manager Approved - Mar 11 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #6.2.

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, AUTHORIZING FEE CREDIT AND

REIMBURSEMENT AGREEMENT FOR CINNABAR GROVE SUBDIVISION
LOCATED AT 2008 GRANT STREET
WHEREAS, the Planning Commission adopted Planning Commission Resolution 2022-07 recommending approval of the Tentative Map and conditions of approval for this subdivision; and
WHEREAS, the Conditions of Approval require that the subdivision install certain public sewer improvements along Grant Street and North Oak Street and receive reimbursement for such improvements; and
WHEREAS, the Conditions of Approval require that the subdivision extend the frontage sidewalk westward to connect to Grant Street and construct a pedestrian/bike bridge for public access to Amber Way and receive reimbursement for such improvements; and
WHEREAS, the City has prepared a Fee Credit and Reimbursement Agreement to provide means to ensure completion of the offsite improvements and subsequent reimbursement; and
WHEREAS, the Project includes the development of fifteen (15) residential lots that will be sold as single-family residences.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. The City Manager or authorized designee is authorized to execute the Fee Credit and Reimbursement Agreement in substantially similar form as set forth in the staff report for this item, subject to review and approval of the City Attorney.

PASSED, APPROVED AND ADOPTED this 18th day of March, 2025. I,

YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Item #6.2.

ATTEST: APPROVED:
______________________________ ______________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.2.

FEE CREDIT AND REIMBURSEMENT AGREEMENT
This FEE CREDIT AND REIMBURSEMENT AGREEMENT (“Agreement”) is entered into this __ day of MARCH, 2025, by and between the CITY OF CALISTOGA, a California municipal corporation (“City”), and CIVIC PARK CINNABAR GROVE, LLC, a California limited liability company (“Developer”). City and Developer are sometimes hereinafter referred to individually as “Party” and collectively as “Parties.”

RECITALS
A. Developer owns or has legal interest in certain real property commonly known as "Cinnabar Grove” located at 2008 Grant Street, Calistoga, CA, more particularly known as Assessor's Parcel Number 011—010—033, and more specifically described in the legal description attached to and incorporated within this Agreement as Exhibit A (“Property”).

B. City has approved Developer’s applications for Design Review (DR 2021—3) and Tentative Map (TM 2021—2)to allow for development on Developer’s Property (collectively, the “Project”).

C. City’s approval of the Project (Planning Commission Resolutions 2022—07& 2023— 1) included conditions of approval that Developer add new and replace portions ofthe existing City sanitary sewer mains. The conditions of approval include, but are not limited to, capital improvements for the benefit of the City. These capital improvements include new offsite sewer within Grant Street and North Oak Street outlined within Condition of Approval number 24 (TM 2021—2).

D. The Sewer Improvements are detailed in plans identified as 2008 Grant Street Public Sewer Improvement Plans, which is attached hereto as Exhibit B, and which plans have been approved by the Public Works Department (the “Sewer Plans"). The Sewer Plans show upgrades to portions of the sewer main within Grant Street and North Oak Street, and which (once completed) willsatisfy Development Condition of Approval number 24 (TM2021—2).

E. The costs associated with these Sewer Improvements less any proportionate benefit that the current project derives from the improvements (i.e. proportionate benefit is an equivalent portion of pipe capacity that will be conveying the developments sewer flow, which is calculated to be 0.4% of the “Actual Costs” per section 5.4) are eligible for fee credits and/or reimbursement to offset the amount that the Developer would pay the City for the Project’s wastewater capacity/connection fees and water connection fees.

F. City’s approval ofthe Project also included conditions of approval that require Item #6.2.

out to Redwood Avenue, and which (once completed) willsatisfy Development Condition of Approval number 16.

H. The calculated sewer connection fee for the Project is $811,867.85.

I. The calculated water connection fee for the Project is $442,884.48.

J. The calculated transportation fee for the Project is $179,491.35 K. Low bids in the collective amount of $1,141,660.59 (”Estimated Construction Costs”) was submitted to construct and test the Sewer Improvements and Public Access Improvements.

L. Chapter 3.28 of the Calistoga Municipal Code establishes development impact fees and fair share fees (“DIF”)to finance public facilities in furtherance of the goals and objectives of the City’s general plan, various facility master plans, capital improvement plans, and the nexus reports described in Section 3.28.030, as they may be amended from time to time (collectively, “Nexus Reports”). The imposition of DIF ensures that new development in the City bears its proportionate share of the cost of public facilities necessary to accommodate such development, which thereby promotes and protects the public health, safety, and welfare.

M. Pursuant to Section 3.28.060 of the Calistoga Municipal Code, Developer may receive and the City may grant credit towards the DIF for construction of eligible public improvements or facilities as contained in and in accordance with the Nexus Reports or special studies; provided, however, the amount of the fee credit or reimbursement shall not exceed the amount of the DIF assessed for which the fee credit or reimbursement is granted, unless the City Council also approves a reimbursement agreement.

N. City and Developer now desire to enter into this Agreement for the following purposes: (i) to provide for the timely construction and completion of the Public Improvements, (ii) to ensure that construction of the Public Improvements is undertaken in accordance with the Plans and Specifications, (iii)to provide a means by which the Developer’s costs for construction of the Public Improvements is offset against Developer’s obligation to pay the applicable DIF for the Project, in accordance with the Nexus Reports and —special studies, and (iv) to provide for reimbursement of costs in excess of the credit granted for eligible improvements, if any.

NOW, THEREFORE, for the purposes set forth herein, and for good and valuable consideration, the adequacy of which is hereby acknowledged, Developer and City hereby agree as follows:

TERMS
Item #6.2.

Parties agree that the Developer’s construction of the Sewer Improvements pursuant to this Agreement shall satisfy Development Condition of Approval number 24. The Parties further agree that the Developer’s construction of the Public Access Improvements pursuant to this Agreement shall satisfy Development Condition of Approval number 16.

2.1 Pre—approval of Plans and Specifications. Developer is prohibited from commencing work on any portion of the Public Improvements until the Plans for that portion of the Public Improvements have been submitted to and approved by City and encroachment permits have been issued by the City. Approval by City shall not relieve Developer from ensuring that all Public Improvements conform to all other requirements and standards set forth in this Agreement.

2.2 Permits and Notices. Prior to commencing any work, Developer (through its contractors) shall, pursuant to the terms of this Agreement, obtain all necessary permits and licenses and give all necessary and incidental notices required for the lawful construction of the Public Improvements and performance of Developer’ s obligations under this Agreement.

Developer (through its contractors) shall conduct the work in full compliance with the regulations, rules, and other requirements contained in this Agreement, any applicable law, and any permit or license issued to Developer.

2.3 Public Works Requirements. Developer shall ensure that the bidding, awarding, and construction of the Public Improvements are undertaken as if such Public Improvements were constructed as a public works project under the direction and authority of City, pursuant to the applicable provisions of the Public Contract Code. A minimum of three bids shall be obtained.
(a) Prior to soliciting or awarding the bid for any portion of the Public Improvements, Developer shall submit the bid packet and a set of construction drawings signed by Developer or another authorized representative designated by Developer for the work being bid to the City Engineer (“City Engineer”) for review and approval, which approval shall be granted or denied within fifteen (15) calendar days after submission of such bid packet. Ifthe City Engineer denies approval of such bid packet and construction drawings, the City Engineer shall specify the reasons for such disapproval and Developer shall resubmit a revised bid packet for review and approval until such approval is obtained.
(b) Developer shall obtain bids for the construction of the Public Improvements in a manner which has been approved by the City Engineer. Developer shall provide the City Engineer with copies of all bids received from contractors and a bid summary in a form approved by the City Engineer to assure that the contractor and subcontractors adhere to the requirements for public works projects. The contract or contracts for the Item #6.2.

(c) Developer’s general contractor for the construction of the Public Improvements (“General Contractor”) shall pay prevailing wages (in accordance with Articles 1 and 2 of Chapter 1, Part 7, Division 2 of the Labor Code) and to othenNise comply with applicable provisions of the Labor Code, the Government Code, and the Public Contract Code relating to public works projects of cities/counties and as required by the procedures and standards of City with respect to the construction of its public works projects or as otherwise directed by the City Engineer.
(d) All contractors shall be required to provide proof of insurance coverage throughout the term of the construction of the Public improvements which they will construct in conformance with Section 14 of this Agreement.

2.4 Compliance with Plans and Specifications. The Public Improvements shall be completed in accordance with the Plans and Specifications as approved by City.

2.5 Standard of Performance. Developer and its contractors shall perform all work required in constructing the Public Improvements in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Developer represents and maintains that it or its contractors shall be skilled in the professional calling necessary to perform the work and licensed Class A — General Engineering Contractor. Developer warrants that all of its employees and contractors shall have sufficient skill and experience to perform the work assigned to them, and that they shall have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the work, and that such licenses, permits, qualifications, and approvals shall be maintained throughout the term of this Agreement.

2.6 Alterations to Public Improvements. All work shall be done and the Public Improvements completed as shown on the Plans and Specifications, and any changes to the Plans and Specifications mutually agreed upon by City and Developer. If either Party desires to make any changes to the Plans and Specifications, itshall provide written notice to the other Party of the proposed changes. City shall have three (3) business days after receipt of such written notice to administratively approve or disapprove the changes, which approval shall not be unreasonably withheld, conditioned, or delayed. IfCity fails to provide written notice to Developer of its approval or disapproval of the changes within such three (3) business day period, then the Parties shall meet within the next two (2) business days to discuss the changes. lfthe Parties cannot agree on how to proceed, then the Parties shall enter into the JAMS alternative dispute resolution process, beginning with mediation and, if necessary, utilizing the Streamlined Rules to arbitrate any dispute be resolved.

Item #6.2.

responsibility to initiate all maintenance work, but if Developer fails to do so, Developer shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may, upon written notice and Developer’s failure to remedy as provided in Section 11, do all work necessary for such maintenance, and the cost of that maintenance shall be the responsibility of Developer and its surety under this Agreement if, and only if,it can be conclusively determined that the maintenance work was Developer’s responsibility. City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Public Improvements or their condition prior to acceptance, except to the extent such damage or injury is caused by the negligence or willful misconduct of City, its elected officials, employees and/or agents, or public users of the Public Improvements.

4. Fees and Charges. Prior to the issuance of a building permit, Developer shall pay plan check, design review, engineering, inspection, and all other normal and customary taxes, processing fees, and charges arising out of the construction of the Project and Public Improvements. Prior to the issuance of a Certificate of Occupancy for the Project, Developer shall pay all required DIF and fair share fees of the Project and Public Improvements, including, but not limited to, all sewer and water connection fees, and other service or impact fees established by the City. Developer shall receive such credits and/or reimbursements for the Public Improvements constructed in accordance with the provisions set forth in this Agreement.

5. Fee Credits and Reimbursements.

5.1 Reguired Fees. The Project is required to pay the following fees:
(a) Sewer Connection Fee. City and Developer acknowledge that as of the date of this Agreement and based upon the Conditions of Approval for the Project, the total amount of Sewer Connection Fee assessed by and owing to City is Eight Hundred, Eleven Thousand, Eight Hundred and Sixty—Seven and 85/100 Dollars ($811,867.85), the “Sewer Connection Fee.”
(b) Water Connection Fee. City and Developer acknowledge that as of the date of this Agreement and based upon the Conditions of Approval for the Project, the total amount of the Water Connection Fee assessed by and owing to City is Four Hundred Forty-Two Thousand, Eight Hundred and Eighty Four and 48/100Dollars ($442,884.48), the “Water Connection Fee.”
(0) Transportation Fee. City and Developer acknowledge that as of the date of this Agreement and based upon the Conditions of Approval for the Project, the total amount of the Transportation Fee assessed by and owing to City is One Hundred and Seventy—Nine Item #6.2.

5.2 Credit Offset Against Fee Obligations. In consideration for Developer’s obligation under this Agreement to construct the Public Improvements (if not constructed by others), the City shall apply a credit to offset some or all of the Fee Obligations (the “Fee Credits”). (a) At the time of this Agreement, the estimated cost to construct the Public Improvements is One MillionOne Hundred and Forty—OneThousand Six Hundred Sixty and 59/100 Dollars ($1,141,660.59), as set forth in Exhibit D (the “Estimated Construction Costs”).

The Parties acknowledge that the actual cost may exceed the Estimated Construction Costs (as described in 5.5.4 below).
(b) The actual amount of Fee Credits and, if applicable, reimbursement amount for each impact fee shall be calculated as provided in Sections 5.4 and 5.5. (c) In consideration for Developer’s obligation under this Agreement to construct the Public Improvements, the City shall grant fee credits and/or reimburse the Developer for the actual cost of the Public Improvements by: (i) deducting the total actual cost of the Public Improvements from the Development’s sewer connection fees, water connection fees, and/or transportation fees; or, (ii) paying to the Developer the actual cost of the Public Improvements; or, (iii) some combination thereof. Notwithstanding anything to the contrary herein, the aggregate amount of Fee Credits and reimbursement, if any, in connection with the Transportation Fee and the construction of the Public Access Improvements, shall not exceed the amount of the Transportation Fee set forth in Section 5.1(c), above, irrespective of the amount of the Actual Cost of the Public Access Improvements.
(d) Other Fee Obligations. In addition to the Fee Obligations specified herein, the Developer may owe the City other DIF or fees that are not otherwise subject to a fee credit or reimbursement pursuant to this Agreement.

5.3 Reserved

5.4 Reconciliation: Final Offset against the Fee Obligations. Upon completion of the Public Improvements by Developer, Developer shall submit to the City Engineer such information as the City Engineer may require calculating and verifying the total Actual Cost incurred by Developer to construct the Public Improvements (the ”Verified Construction Costs”).

The term “Actual Cost” shall refer to the'amount that is equal to the Verified Construction Costs for each of the eligible improvements and shall be used for the purposes of the final reconciliation.

Item #6.2.

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various separate categories to fund specific public facilities. Credit against DIF may only be applied for eligible improvements identified in the specific DIF category. As an example, if Developer constructs a street improvement that is eligible for credit against the Transportation Fee, Developer shall not receive credit against any other DIF for the street improvement, provided that Developer has received credit in one specific DIF category.

5.5.2 Maximum Credit. The maximum credit is total required fees.

5.5.3 Soft Costs. The City Engineer shall, in his/her sole reasonable discretion, determine the amount of reasonable soft costs eligible for reimbursement under the Fee Credit provision of Calistoga Municipal Code Section 3.28.060. Such amounts may include the reasonable soft Costs of the Developer related to the Public Improvements, such as indirect costs of construction, professional engineering, and design services, construction management, soils testing, administrative costs, permits, plan check fees, and inspections. For soft costs to be reimbursable to Developer pursuant to this Agreement, City must be able to verify that such soft costs are specifically attributable to the specified Public Improvements for which reimbursement is being made, by reference to separate subcontract(s) or by another means approved by the City.

The total amount of the soft costs shall not exceed fifteen percent (15%) of the amount eligible for reimbursement. The City Engineer may, in his/her reasonable discretion, reduce or disallow reimbursement for any costs he/she finds excessive or unreasonable.

5.5.4 Not to Exceed/Maximum Costs. The total maximum not to exceed amount of costs shall not exceed soft cost +15% and Estimated construction cost +10%. The maximum amount of construction costs shall not exceed ten percent (10%) of the low bid amount.

The City Engineer may, in his/her reasonable discretion, reduce or disallow reimbursement for any costs he/she finds excessive or unreasonable.

5.5.5 Availability of Unencumbered Impact/Connection Fees. In the event that the City’s reimbursement obligation under this Section 5 exceeds available funds, and at the time such reimbursement is due, there is insufficient funds in the City’s account for the relevant Impact or Connection Fees, then the City may elect, exercisable by written notice delivered to Developer (a “Deferral Notice”), to defer the payment of such amounts until the time the funds become available in the City’s account for the relevant Impact/Connection Fees, which Deferral Notice shall set forth the amount of such Deferral (the “Deferral Amount”), the applicable Section of this Agreement to which such reimbursement obligation relates, and shall set forth the City’s continuing obligation to reimburse Developer for the Deferral Amount. Such Deferral Amount shall not accrue interest. Upon written request from Developer from time to time, the City shall execute a statement prepared by Developer acknowledging the then outstanding Deferral Amount as of the date of such request (a ”Deferral Amount Statement”). Developer shall have no right to receive the Deferral Amount unless and untilthe Public Improvements are completed and accepted in accordance with the requirements of this Agreement. City Council may appropriate the funds by Item #6.2.

5.6.1 Completion of Construction. Developer shall complete the construction of the Public Improvements, and notices of completion shall have been recorded in relation to the Public improvements, in accordance with California Civil Code Sections 8182 (as applicable). Timely completion of construction is essential. The City shall have the right to require the termination of any contractor as a result of any unreasonable delays by the contractor, and require either the replacement of the contractor or the applicable surety bonds be pulled for completion of the project by others.

5.6.2 Submission of Bills/invoices. Developer shall have made full and complete payment of all undisputed claims for work performed on the Public improvements, or in the event of a dispute between Developer and the General Contractor or a subcontractor, Developer shall have obtained a commercially reasonable bond reasonably satisfactory to the City to release any applicable mechanics’ lien or stop notice, and Developer shall have submitted and the City shall have approved within sixty (60) calendar days a written request for the reimbursement, including copies of all bills and/or invoices evidencing the hard costs of constructing the Public improvements actually incurred by Developer.

5.6.3 As-Buiit Drawings. Developer shall have submitted to the City Engineer two (2) sets each of final as—buiitdrawings for the Public improvements, construction documents, and inspection reports, to the City Engineer, as provided in Section 8.

5.6.4 Acceptance of Required Public Improvements by the City. The City, shall, pursuant to the provisions of Calistoga Municipal Code Section 16.18.060 and as provided in Section 8, accept title to the Public improvements, and Developer shall have provided the maintenance guarantees and landscaping requirements reasonably required by the City. The City agrees it will not unreasonably withhold or condition its acceptance of title to the Public improvements.

5.6.5 No Default. Developer shall not be in Default in any of its obligations under the terms of this Agreement, and all representations and warranties of Developer contained herein shall be true and correct in all material respects.

6. City Inspection of Public improvements. Developer shall, at its sole cost and expense, and at all times during construction of the Public improvements, maintain reasonable and safe facilities and provide safe access for inspection by City of the Public improvements and areas where construction of the Public improvements is occurring or will occur. Developer shall provide for independent inspection every other day when construction of the Public improvements is occurring.

7. Liens. Upon the expiration of the time for the recording of claims of liens as prescribed by Sections 8412 and 8414 of the Civil Code with respect to the Public improvements, Item #6.2.

8. Acceptance of improvements; As-Buiit or Record Drawings. if the Public Improvements are completed by Developer in accordance with the Plans, the City shall be authorized to accept the Public improvements and shall do so within a reasonable amount of time pursuant to the City’s usual and customary City Council agenda process, but not to exceed forty— five (45) days. The City may, in its reasonable discretion, accept fully completed portions of the Public improvements prior to such time as all of the Public improvements are complete, which shall not release or modify Developer’s obligation to complete the remainder of the Public improvements. Upon the total or partial acceptance of the Public improvements by City, Developer shall file with the Recorder’s Office of the County of Napa a notice of completion for the accepted Public improvements in accordance with California Civil Code Section 8182 (“Notice of Completion”), at which time the accepted Public improvements shall become the sole and exclusive property of City without any payment therefor. Notwithstanding the foregoing, City shall not accept any Public improvements (or the applicable portion thereof) unless and until Developer provides to the City Engineer two (2) sets each of “as-built” or record drawings or plans to the City for all such Public improvements (or the applicable portion thereof), complete construction documents, and inspection reports. The drawings shall be certified and shall reflect the condition of the Public improvements as constructed, with all changes incorporated therein.

9. Warranty and Guaranty. Developer hereby warrants and guarantees all the Public improvements against any defective work or labor done, or defective materials furnished in the performance of this Agreement, including the maintenance of the Public improvements, for a period of one (1) year following completion of the work and acceptance by City (“Warranty”).

During the Warranty, Developer shall repair, replace, or reconstruct any defective or otherwise materially unsatisfactory portion of the Public improvements, in accordance with the Plans and Specifications. Allrepairs, replacements, or reconstruction during the Warranty shall be at the sole cost and expense of Developer. As to any Public improvements which have been repaired, replaced, or reconstructed during the Warranty, Developer hereby agree to provide a warranty for a one (1) year period following City acceptance of the repaired, replaced, or reconstructed Public improvements. Developer’s warranty obligation under this section shall survive the expiration or termination of this Agreement.

10. Reserved.

11. Default; Notice; Remedies.

11.1 Notice. Subject to the force majeure provisions of Section 15.16 below, if Developer neglects, refuses, or fails to fulfillor timely complete any obligation, term, or condition of this Agreement, or if City determines there is a violation of any federal, state, or local law, ordinance, regulation or code, City may at any time thereafter declare Developer to be in default Item #6.2.

declare City to be in default or violation of this Agreement and make written demand upon City to immediately remedy the default or violation (”Notice of Default”). City shall substantially commence the work required to remedy the default or violation within five (5) business days of the Notice of Default.

11.3 Failure to Remedy; Party Action. Ifthe work required to remedy the noticed default or violation is not commenced within the time required under Section 11.1 ofthis Agreement and diligently prosecuted to completion, the noticing Party may complete all remaining work, arrange for the completion of all remaining work, and/or conduct such remedial activity as in its reasonable discretion it believes is required to remedy the default or violation. All such work or remedial activity shall be at the sole and absolute cost and expense of the breaching Party, without the necessity of giving any further notice. In the event of a breach by Developer whereby City elects to complete or arrange for completion of the remaining work and the Public Improvements, City may require all work by Developer or its surety to cease in order to allow adequate coordination by City.

11.3 Other Remedies. No action by either Party pursuant to this Section 11 shall prohibit that Party from exercising any other right or pursuing any other legal or equitable remedy available under this Agreement or any federal, state, or local law. Either Party may exercise its rights and remedies independently or cumulatively, and either Party may pursue inconsistent remedies. Either Party may institute an action for damages, injunctive relief, or specific performance.

12. Security; Surety Bonds. Prior to the commencement of any work on the Public Improvements, Developer or its contractor shall provide City with surety bonds in the amounts and under the terms set forth below or, at the Developer’s request, in lieu of surety bonds, a letter of credit or letters of credit by a banking institution with a rating to be approved by the City and terms to be approved by the City (“Security”). The amount of the Security shall be based on the estimated actual costs (the “Estimated Costs”) to construct the Public Improvements, as determined by City after Developer has awarded a contract for construction of the Public Improvements to the lowest responsive and responsible bidder in accordance with this Agreement.

If City determines, in its sole and absolute discretion, that the Estimated Costs have changed, Developer or its contractor shall adjust the Security in the amount requested by City. Developer’s compliance with this Section 12 shall in no way limit or modify Developer’s indemnification obligation provided in Section 13 of this Agreement.

12.1 Performance Bond. To guarantee the construction of the Public Improvements and faithful performance of all the provisions of this Agreement, to protect City if Developer is in default as set forth in Section 11, and to secure the Warranty of the Public Item #6.2.

12.2 Labor & Material Bond. To secure payment to the contractors, subcontractors, laborers, materialmen, and other persons furnishing labor, materials, or equipment for performance of the Public Improvements and this Agreement, Developer or its contractor shall provide City a labor and materials bond in an amount which sum shall not be less than one hundred percent (100%) of the Estimated Costs. The security provided under this section shall be released by City upon receipt of a Warranty Bond.

12.3 Additional Requirements. The surety for any surety bonds provided as Security shall have a current AM. Best rating of at least “A”and FSC-Vlll, shall be licensed to do business in California. As part of the obligation secured by the Security and in addition to the face amount of the Security, Developer and, its contractor or the surety shall secure the costs and reasonable expenses and fees, including reasonable attorneys’ fees and costs, incurred by City in enforcing the obligations of this Agreement. Developer and its contractor and the surety shall stipulate and agree that no change, extension of time, alteration, or addition to the terms of this Agreement, the Public Improvements, or the Plans and Specifications shall in any way affect its obligation on the Security.

12.4 Evidence and Incorporation of Security. Evidence of the Security shall be provided on the forms deemed acceptable by the City, and when such forms are completed to the satisfaction of City, the forms and evidence of the Security shall be incorporated herein by this reference.

13. Indemnification. Developer shall defend, indemnify, and hold harmless City, its elected officials, employees, and agents from any and all actual or alleged claims, demands, causes of action, liability,loss, damage, or injury to property or persons, including wrongful death, whether imposed by a court of law or by administrative action of any federal, state, or local governmental agency, arising out of or incident to any acts, omissions, negligence or willful misconduct of Developer in connection with the performance of this Agreement (“Claims”). This indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, decrees, attorneys’ fees, and related costs or expenses, and the reimbursement of City, its elected officials, employees, and/or agents for all legal expenses and costs incurred by each of them. This indemnification excludes only such portion of any Claim which is caused by and to the extent of the negligence or willful misconduct of City, its elected officials, employees and/or agents, as determined by a court or administrative body of competent jurisdiction. Developer’s obligation to indemnify shall survive the expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by City, its elected officials, employees, or agents.

14. Insurance.

Item #6.2.

14.1.2 Business Automobile Liability. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than One MillionDollars ($1,000,000) per occurrence. Such insurance shall include coverage for the ownership, operation, maintenance, use, loading, or unloading of any auto owned, leased, hired, or borrowed by the insured or for which the insured is responsible.

14.1.3 Workers’ Compensation. Workers’ compensation insurance with limits as required by the Labor Code of the State of California and employers’ liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, at all times during which insured retains employees.

14.1.4 Professional Liability. For any licensed consultant who will engineer or design or inspect the Public Improvements, liability insurance for errors and omissions with limits not less than Two Million Dollars ($2,000,000) per occurrence, shall be procured and maintained for a period of five (5) years following completion of the Public Improvements. Such insurance shall be endorsed to include contractual liability.

14.2 Deductibles. Any deductibles or self—insuredretentions must be declared to and approved by City. At the option of City, either: (a) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected officials, officers, employees, agents, and volunteers; or (b) Developer and its contractors shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

14.3 Additional Insured; Separation of lnsureds. The Required Insurance, except for the professional liabilityand workers’ compensation insurance, shall name City as an additional insured with respect to work performed by or on behalf of Developer or its contractors, including any materials, parts, or equipment furnished in connection therewith. The Required Insurance shall contain standard separation of insureds provisions, and shall contain no special limitations on the scope of its protection to City, its elected officials, officers, employees, or agents.

14.4 Primary Insurance; Waiver of Subrogation. The Required Insurance shall be primary with respect to any insurance or self—insurance programs covering City, its elected officials, officers, employees, or agents. The policy required for workers’ compensation insurance shall provide that the insurance company waive all right of recovery by way of subrogation against City in connection with any damage or harm covered by such policy.

14.5 Certificates Verification. Developer and its contractors shall furnish City with original certificates of insurance and endorsements effecting coverage for the Required Insurance.

Item #6.2.

shall not be suspended, voided, reduced, canceled, or allowed to expire except on thirty (30) days’ prior written notice to City.

14.7 insurer Rating. Unless approved in writing by City, all Required insurance shall be placed with insurers licensed to do business in the State of California and with a current AM. Best rating of at least “A—”and FSC—Vlll.

15. Miscellaneous.

15.1 Assignment. Developer may assign by contract all or a portion of its rights and obligations pursuant to this Agreement to a third party purchaser of Developer (“Assignment”), subject to the approval of the City Manager in his/her reasonable discretion.

Developer and purchaser/assignee (“Assignee”) shall provide to the City Manager such reasonable proof as it may require that Assignee has the ability and financial commitment to undertake the Project and complete the Public Improvements. Developer and Assignee shall provide documentation and proof as may be deemed necessary to satisfy the City Manager. Any assignment pursuant to this section shall not be effective unless approved by the City and Developer and Assignee have executed an assignment agreement. Upon completion of the foregoing, and upon Assignee’s provisions of adequate surety bonds as required under Section 12, the City shall release Developer’s surety bonds.

15.2 Relationship Between the Parties. The Parties hereby mutually agree that this Agreement shall not operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer's contractors are exclusively and solely under the control and dominion of Developer. Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of City.

15.3 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority make this Agreement and bind each respective Party.

15.4 Notices. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any person shall be in writing and either served personally, or sent by overnight mail with a commercial carrier, or sent by prepaid, first—classmail to the address set forth below. Notice shall be deemed communicated immediately upon personal delivery, the day of delivery by commercial carrier, or seventy—two (72) hours from the time of mailing if mailed as provided in this Section:

To City: City of Calistoga
Item #6.2.

15.5 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate, or convenient to attain the purposes of this Agreement.

15.6 Construction; References; Captions. The Parties agree that the language of this Agreement shall be construed Simply,according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days, or period for performance shall be deemed calendar days and not work days, unless specified therein. Allreferences to Developer include all personnel, employees, agents, and contractors of Developer, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit,augment, or describe the scope, content, or intent of this Agreement.

15.7 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

15.8 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual right by custom, estoppel, or otherwise.

15.9 Binding Effect. Each and all of the covenants and conditions shall be binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal representatives, or assigns. This section shall not be construed as an authorization for any Party to assign any right or obligation.

15.10 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

15.11 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or othenNise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in fullforce and effect.

15.12 Governing Law; Consent to Jurisdiction and Venue. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Any legal action or proceeding brought to interpret or enforce this Agreement, or which in any way arises out Item #6.2.

15.13 Time is of the Essence. Time is of the essence in this Agreement, and the Parties agree to execute all documents and proceed with due diligence to complete all covenants and conditions.

15.14 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument.

15.15 City Officers and Employees. No officer or employee of the City shall be personally liable to Developer or any successors in interest in the event of any default or breach by the City or for any amount that may become due to Developer or any successor(s) in interest or for breach of any obligation of the terms of this Agreement. No officer or employee of Developer shall be personally liable to the City or any successor(s) in interest in the event of any default or breach by Developer or for any amount that may become due to the City or their successors in interest or for breach of any obligation of the terms of this Agreement.

15.16 Force Maieure.Developer agrees that the time within which it shall be required to perform any act under this Agreement shall not be extended except as follows: (i) the Developer is delayed by the City (including, without limitation, restrictions on priority, initiative or referendum, or moratoria), in which case Developer shall provide written notice to the City specifically describing the nature and extent of the delay caused by the City and Developer’s detailed efforts to avoid such delay; or (ii)the Developer is delayed due to war, insurrection, strikes, lock—outs, riots, floods, earthquakes, fires, casualties, natural disasters, acts of God, acts of the public enemy, epidemics, pandemics, quarantine restrictions, freight embargoes, processing with any governmental agencies, unusually severe weather, economic recession or depression as defined by the National Bureau of Economic Research, or any other similar causes beyond the control of Developer or without the fault of Developer. An extension of time for any such cause shall be for the period of the enforced delay equal to the number of days during which Developer's performance was delayed and shall commence to run from the time of the commencement of the cause.

15.17 Entire Agreement. This Agreement contains the entire agreement between City and Developer and supersedes any prior oral or written statements or agreements between City and Developer.
[SIGNATURES OF PARTIES ON NEXTPAGE]
Item #6.2.

INWITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written.

CITY:

CITY OF CALISTOGA,
a California municipal corporation
By:

Derek Rayner,
Public Works Director
DEVELOPER:

CIVIC PARK CINNABAR GROVE, LLC,
a California limited liability company
Item #6.2.

EXLBITA

LEGAL DESCRIPTION OF PROPERTY
Item #6.2.

EXHIBIT"A"
Legal Description
For AFN/Parcel IDISI:011~010-033-000

THE LANDREFERRED TO HEREINBELOWIS SITUATED INTHE CITY OF CALISTOGA, COUNTYOF NAPA, STATE OF CALIFORNIAAND IS DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE SOUTHEASTERLY LINEOF THE LANDS DESCRIBED IN THE DEED TO FRANZM.ZUBER, ET UX, RECORDED MAY24, 1957 IN BOOK 544 AT PAGE 189, OF OFFICIAL RECORDS OF NAPA COUNTY, SAID POINT BEING THE MOST NORTHERLY CORNER OF PARCEL "A", SHOWN ON MAP NO. 1644 FILEDSEPTEMBER 12, 1967 IN BOOK 15 OF SURVEYS AT PAGE 68, IN THE OFFICE OF THE COUNTYRECORDER OF SAID NAPA COUNTY; RUNNING THENCE ALONG SAID SOUTHEASTERLY LINE NORTH 30° 15' EAST 516.10 FEET TO THE NORTHEASTERN LINE OF THAT CERTAIN 15 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO A.D. ROGERS OF RECORD IN BOOK 82 OF DEEDS AT PAGE 82, NAPA COUNTY RECORDS; THENCE ALONG SAID LINESOUTH 59° 36' EAST 320 FEET, MORE

OR LESS, TO THE MOST NORTHERLY CORNER OF THE LANDS DESCRIBED IN THE DEED TO CHARLES F. WEYMAN, RECORDED NOVEMBER 1, 1961 IN BOOK 639 AT PAGE 789 OF OFFICIAL RECORDS OF NAPA COUNTY; THENCE ALONG THE NORTHWESTERLY LINETHEREOF SOUTHWESTERLY 873.35 FEET TO AN ANGLE POINT THEREIN; THENCE NORTHWESTERLY IN A DIRECT LINE 185 FEET, MORE OR

LESS, TO AN ANGLE POINT IN THE EASTERLY LINE OF REDWOOD AVENUE, AS SHOWN ON SAID MAP NO. 1644; THENCE ALONG REDWOOD AVENUE AND THE ABOVE MENTIONED PARCEL "A", NORTH 03° 44‘ 30" WEST 82.26 FEET, NORTH 30° 15' EAST 250.20 FEET AND NORTH 59° 45' WEST 105.93 FEET TO THE POINT OF BEGINNING.

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Item #6.2. Page 90 of 342

EXHIBITD
Reimbursable Sewer/Water Connection Fees*: $ 1,254,752.33 Reimbursable Transportationlmpact Fees: $ 179,491.35
TOTAL: $ 1,434,243.68
Off-Site Sewer Improvement LowBidAmount
(Estimated Construction Cost)”: $ 1,061,709.59
10%Contingency: $ 106,170.96
Subtotal: $ 1,167,880.55
15%SoftCosts $ 175,182.08
TOTAL: $ 1,343,062.63
Public Access/Pedestrian BrdigeLowBidAmount: $ 79,951.00 10% Contingency: $ 7,995.10
Subtotal: $ 87,946.10
15% Soft Costs $ 13,191.92
TOTAL: $ 101,138.02
*Subject to final bedroom counts at time building permits are pulled (eg. Plan 3 has optional 5th bedroom) **1/7/2025 proposal from NorthWest Engineering dated 1/7/2025 deleting Alt2 Item #6.2.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Jed Matcham, Fire Chief
Meeting: City Council - Mar 18 2025
Subject: Agreement for First Responder Services Amendment DESCRIPTION:

Consider Adopting A Resolution To Allow the City Manager to Approve An Amendment to The Agreement For First Responder Services With Napa County RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

On November 12, 2024, the City Council approved an Agreement for First Responder Services which provides first responder fire department services to neighboring Napa County. Napa County Fire Department is requesting an amendment to the Agreement in order to clarify the billing rates for the services provided. The requested changes to the Agreement are for clarification only and result in no changes to billing rates, services provided, processes followed, or other material impact.

ANALYSIS:

This amendment to the Agreement for First Responder Services results in no changes to the terms, rates, responsibilities, or other material items that comprise the Agreement. Approving this amendment will allow for efficient processing and payment from Napa County. Without approval, Napa County Finance Department states they will not have sufficient clarity to process the payment.

FINANCIAL IMPACT:

Minimal staff time already invested to review and process the amendment.

CEQA STATUS:

Not Applicable
ATTACHMENT(S):

Draft Resolution - County Response Agreement Amendment
Amendment No. 1 - Calistoga Agreement 1-27-15
APPROVAL(S):

Mitch Celaya, Assistant City Manager Approved - Mar 06 2025 Item #6.3.

Connie Cardenas, Admin. Services Director Approved - Mar 07 2025 Laura Snideman, City of Calistoga | City Manager Approved - Mar 10 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #6.3.

ATTACHMENT 1
RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE NOVEMBER 1, 2024 AGREEMENT FOR FIRST

RESPONDER SERVICES BETWEEN NAPA COUNTY AND THE CITY OF

CALISTOGA
WHEREAS, on November 12, 2024, the City Council approved an Agreement for first Responder Services which provides first responder fire department services to neighboring Napa County; and
WHEREAS, Napa County Fire Department is requesting an amendment to the Agreement in order to clarify the billing rates for the services provided; and WHEREAS, the requested changes to the Agreement are for clarification only and result in no changes to billing rate, services provided, processes followed, or other material agreement terms.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. The City Council authorizes the City Manager to sign the Amendment to the Agreement for First Responder Services.

2. The City Council authorizes the City Manager to approve future amendments, including any extensions to said Agreement.

PASSED, APPROVED, AND ADOPTED this 18th day of March, 2025. I,

YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.3.

1 AMENDMENT NO. 1 TO CALISTOGA AGREEMENT FOR FIRST RESPONDER SERVICES [PL No 125264.3]
AMENDMENT NO. 1

NAPA COUNTY AGREEMENT NO. 250257B
CALISTOGA AGREEMENT NO. 1015

AGREEMENT FOR FIRST RESPONDER SERVICES
THIS AMENDMENT NO. 1 (“Amendment No. 1”) TO AGREEMENT NO. 250257B is made and entered into as of this 1st day of November, 2024, by and between NAPA COUNTY, a political subdivision of the State of California, hereinafter referred to as “COUNTY,” and the CITY OF CALISTOGA, a California municipal corporation whose mailing address is 1232 Washington Street, Calistoga, CA 94515, hereinafter referred to as “CITY”

RECITALS
WHEREAS, as of November 1, 2024, COUNTY and CITY entered into Agreement No. 250257B (“Agreement”), whereby CITY agreed to provide first response emergency medical services, rescue and fire suppression and protection services in unincorporated area outside of the jurisdiction of the CITY under the terms and conditions set forth in the Agreement; and WHEREAS, COUNTY continues to need first responder services and CITY is willing to and able to continue to provide such services; and
WHEREAS, COUNTY and CITY now wish to amend the Agreement to clarify the terms of compensation.

TERMS
NOW, THEREFORE, COUNTY, acting through its Board of Supervisors, and CITY hereby amend Agreement No. 1, as follows:

1. Paragraph 3, of the Agreement is hereby amended to read as follows:

Compensation. In consideration of CITY’s fulfillment of the promised work, COUNTY shall pay CITY at the rates set forth in Exhibits “C-1” and “D,” attached hereto and incorporated by reference herein. All payments for compensation to CITY shall be made only upon presentation to COUNTY by CITY of an itemized billing invoice in a form acceptable to COUNTY. Exhibit “C” is rescinded and replaced in full by Exhibit “C-1.” Item #6.3.

2 AMENDMENT NO. 1 TO CALISTOGA AGREEMENT FOR FIRST RESPONDER SERVICES [PL No 125264.3]

2. Electronic Signatures. This Amendment No. 1 may be executed by electronic signature(s) and transmitted in a portable document format (“PDF”) version by email and such electronic signature(s) shall be deemed original for purposes of this Amendment No. 1 and shall have the same force and effect as a manually executed original.

3. This Amendment No. 1 shall be effective as of the date first written above.

4. Except as provided in Paragraphs 1 through 3, above, the terms and provisions of the Agreement shall remain in full force and effect as originally approved and last amended.

IN WITNESS WHEREOF, this Agreement was executed by the parties hereto as of the date first above written.

CITY OF CALISTOGA, a California municipal
corporation
By __________________________________________
LAURA SNIDEMAN, City Manager for the
City of Calistoga
“CITY”
APPROVED AS TO FORM: ATTEST:

MICHELLE KENYON, City Attorney YUDIANA GALVAN, Clerk for the City of Calistoga

NAPA COUNTY, a political subdivision of
the State of California
By
ANNE COTTRELL, Chair of the
Board of Supervisors
“COUNTY”
Item #6.3.

3 AMENDMENT NO. 1 TO CALISTOGA AGREEMENT FOR FIRST RESPONDER SERVICES [PL No 125264.3]

APPROVED AS TO FORM
Office of County Counsel
By: Shana A. Bagley
Date: January 27, 2025
PL Doc No: 125264.3

APPROVED BY THE

NAPA COUNTY

BOARD OF SUPERVISORS
Date:

Processed By:

Deputy Clerk of the Board
ATTEST: NEHA HOSKINS
Clerk of the Board of Supervisors
By:

Item #6.3.

1 EXHIBIT C-1 TO AMENDMENT NO. 1 CALISTOGA AGREEMENT FOR FIRST RESPONDER SERVICES [PL No. 125264.3]
EXHIBIT “C-1”

COMPENSATION AND EXPENSE REIMBURSEMENT
The following outlines the compensation for services outlined in this Agreement between the CITY and the COUNTY:

COUNTY:

1. COUNTY shall compensate CITY at the applicable Office of Emergency Services (Cal OES) Rate for each incident response (call) provided by CITY within the Contract Zones, based on the Cal OES rate (EXHIBIT “D”) in effect at the time of each incident response as identified in Item 6 and the Table below. All services rendered under this Agreement shall be billed in minimum increments of one hour. Time spent on any incident response shall be rounded up to the next hour. For example, any response requiring 15 minutes of service will be billed as one hour. Any response requiring more than 60 minutes of service will be charged in hourly increments. This billing policy applies to all services provided by CITY.

2. COUNTY shall compensate CITY for administrative expenses in the same manner as Cal OES compensates for administrative expenses. The administrative rate utilized shall be the same as the Cal OES administrative rate utilized. Administrative rates shall be included on the same invoice as the quarterly response charges and shall apply to all responses within the ZONES.

3. The compensation rates per call and administrative rate will be adjusted annually or at such time CITY presents the COUNTY with an updated rate sheet with revised reimbursement rates per Cal OES agreements for the life of this agreement. Updated compensation rates will take effect upon approval by the COUNTY for these revised reimbursements rates, and the updated rate sheet will be added to this agreement as EXHIBIT “D.”

4. The base agreement shall compensate CITY for responding to 225 calls per year in the ZONES of the contract area, based on 1-hour minimum per call, for a total of ONE

HUNDRED SEVENTY-SEVEN THREE HUNDRED FORTY-NINE DOLLARS AND FIFTY CENTS ($177,349.50) per year. Any calls requiring more than 1-hour commitment from CITY shall be compensated in 1-hour increments for each portion of an hour committed. If the response into the ZONES of the contract area exceeds 225 calls annually, the COUNTY shall compensate CITY at the same applicable Cal OES rates per hour, with 1-hour minimum per incident and 1-hour charge for each partial hour after the first hour.

5. COUNTY shall make payments to CITY on a quarterly basis, in arrears, upon presentation of invoices to the COUNTY from the CITY.

6. The following table represents the compensation rate that the COUNTY will pay the CITY per a one-hour call, regardless of individual positions responding. These rates are reflective of the 2024/2025 Cal OES rates as reflected in the attached agreement in EXHIBIT Item #6.3.

2 EXHIBIT C-1 TO AMENDMENT NO. 1 CALISTOGA AGREEMENT FOR FIRST RESPONDER SERVICES [PL No. 125264.3]
“D.” These rates will be adjusted at such time an updated Cal OES agreement with new rates are submitted to the COUNTY for the life of this contract. In addition to the equipment and personnel costs of SIX HUNDRED TWENTY TWO DOLLARS AND SEVENTY CENTS ($622.70) as identified in the table below, the COUNTY shall compensate the CITY with an administrative charge equal to the Cal OES rate as identified in EXHIBIT “D,” which is 0.26581, for an additional ONE HUNDRED AND SIXTY-FIVE DOLLARS AND FIFTY-TWO CENTS ($165.52) per one hour call. In total, the COUNTY shall compensate the CITY at a rate of SEVEN HUNDRED EIGHTY EIGHT DOLLARS AND TWENTY TWO CENTS ($788.22) per hour for each call.

OES
Contract
Year
Apparatus Fire
Chief
Captain Engineer Firefighter SUB
TOTAL
Current Admin
Rate
TOTAL
2024/2025 $173.47 $206.92 $105.67 $74.44 $62.20 $622.70 .26581 $788.22 Item #6.3.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Antoinette Freeman, Planning & Permit Technician
Meeting: City Council - Mar 18 2025
Subject: Establishment of Street & Sidewalk Vending Fee Schedule DESCRIPTION:

Consider adopting a resolution to amend the New Business License Application Fee Schedule and the City of Calistoga Book of Fees to include street and sidewalk vending business types.

RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

Ordinance 775 amends various sections of the Calistoga Municipal Code (CMC) concerning peddling, soliciting, street and sidewalk vending, and mobile food vendor activities in Calistoga. The ordinance establishes five vendor types and a city program for permitting the vendors. The Street and Sidewalk Vending program necessitates a fee schedule to include specific business license fees and permit fees.

For the City of Calistoga to operate within industry best practices, three key principles should guide Calistoga's fee schedule: (1) avoidance of significant increases from time to time by adopting smaller annual increases; (2) establishment of fees that are reflective of the City’s actual costs; and (3) ensure communication of the policies and programs to stakeholders to foster understanding and feedback.

ANALYSIS:

The proposed Business License Fees and Permit Fees amendments were calculated using the 'Citywide Services/Reimbursement Fees' section in the City of Calistoga Book of Fees (established by Resolution No. 2023-052 and adopted on 08/20/2023). Specifically, the fees are based on the amounts listed in the 'Cost Recovery Fees' section. The fee formula uses the total cost of delivering the services, including direct costs such as salaries and benefits, indirect costs such as departmental administration costs, and citywide support costs such as accounting, personnel, and data processing.

In addition to using the established Book of Fees to assist in setting new fees, extensive research was done gathering data from surrounding and comparable jurisdictions. The Finance Department researched eight jurisdictions and used four comparable jurisdictions to propose fees with the least financial impact.

The Planning Department's research included 19 jurisdictions that have implemented all or part of the Street and Sidewalk Vending Ordinance that Calistoga has established. The research included Item #6.4.

fees for business licenses and permit fees for the four types of vendors created by the ordinance.

After comparing the fees calculated using the city's cost recovery formula to the fee averages from comparable jurisdictions, staff recommends using the cost recovery-based fee structure shown in the attachment.

FINANCIAL IMPACT:

The research into city fees for street and sidewalk food vendors, along with the preparation of reports and the implementation of new fees, will result in administrative costs. The initial costs associated with implementing Ordinance 775 should be offset by the fees collected and previously budgeted amounts.

CEQA STATUS:

The recommended action is not a project and therefore not subject to CEQA review.

ATTACHMENT(S):

Proposed Street and Sidewalk Vendor Fees - 03.2025
APPROVAL(S):

Greg Desmond, Planning & Building Director Approved - Mar 06 2025 Connie Cardenas, Admin. Services Director Approved - Mar 07 2025 Laura Snideman, City of Calistoga | City Manager Approved - Mar 10 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #6.4.

ONE-TIME FEES ANNUAL FEES* ONE-TIME FEES*
Proposed Business
License Fee
Previous Business
License Fee
Proposed
Permit Fee
Previous
Permit Fee

TOTAL ANNUAL FEES
Fingerprints /
Live Scan
Operating Health
Permit
Food Facility Plan
Review & Inspection
Peddler
$114.50 $122.99 $121.50
$32.00
(established before
2022) $236.00 $50.00
Not Applicable Not Applicable
Solicitor
$114.50 $122.99 $121.50
$32.00
(established before
2022) $236.00 $50.00
Not Applicable Not Applicable
Street Vendors
$114.50
No Previous Fee
Established for this
Business Type
$171.00
No Previous Fee
Established for this
Business Type
$285.50 $50.00
Not Applicable Not Applicable
CMFO
$114.50
No Previous Fee
Established for this
Business Type
$171.00
No Previous Fee
Established for this
Business Type
$285.50 $50.00 $307.00 $1,767.00
Mobile Food
Vending Vehicle
$114.50
$101.46
(used Restaurant
Business Type) $202.50
$100.00
(established in 2023,
calcution formula
unavailable) $317.00 $50.00 $714.00 $2,263.00

CITY OF CALISTOGA NAPA COUNTY ENVIRONMENTAL HEALTH

ANNUAL FEES
* costs may vary depending on the size and
components of mobile unit
Street & Sidewalk Vending Fee Schedule - New Business License Application Fee Schedule and the City of Calistoga Book of Fees Item #6.4.

ONE-TIME FEES ANNUAL FEES* ONE-TIME FEES*
Proposed Business
License Fee
Previous Business
License Fee
Proposed
Permit Fee
Previous
Permit Fee

TOTAL ANNUAL FEES
Fingerprints /
Live Scan
Operating Health
Permit
Food Facility Plan
Review & Inspection
Peddler
$114.50 $122.99 $121.50
$32.00
(established before
2022) $236.00 $50.00
Not Applicable Not Applicable
Solicitor
$114.50 $122.99 $121.50
$32.00
(established before
2022) $236.00 $50.00
Not Applicable Not Applicable
Street Vendors
$114.50
No Previous Fee
Established for this
Business Type
$171.00
No Previous Fee
Established for this
Business Type
$285.50 $50.00
Not Applicable Not Applicable
CMFO
$114.50
No Previous Fee
Established for this
Business Type
$171.00
No Previous Fee
Established for this
Business Type
$285.50 $50.00 $307.00 $1,767.00
Mobile Food
Vending Vehicle
$114.50
$101.46
(used Restaurant
Business Type) $202.50
$100.00
(established in 2023,
calcution formula
unavailable) $317.00 $50.00 $714.00 $2,263.00

CITY OF CALISTOGA NAPA COUNTY ENVIRONMENTAL HEALTH

ANNUAL FEES
* costs may vary depending on the size and
components of mobile unit
Street & Sidewalk Vending Fee Schedule - New Business License Application Fee Schedule and the City of Calistoga Book of Fees Item #6.4.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Antoinette Freeman, Planning & Permit Technician
Meeting: City Council - Mar 18 2025
Subject: Green Committee Request for Earth Day Events Funding DESCRIPTION:

Consider approving the funding and resources for the Green Committee's proposed Earth Day events.

RECOMMENDATION:

Consider Discussing the Item and Providing Staff Direction SUMMARY:

The Green Committee is proposing a series of community events scheduled for April in observance of Earth Day. The objective of these events is to enhance community awareness regarding this significant environmental issue. The committee aims to provide educational opportunities for participants on this topic while ensuring an engaging and enjoyable experience. These events will serve as a platform to attract public attention to both Earth Day and broader environmental concerns, thereby promoting thoughtful discussion and active participation.

Furthermore, the events will focus on raising awareness of sustainable practices and showcasing initiatives previously undertaken by the Green Committee. These initiatives include the utilization of compostable foodware, regulation of leaf blowers, management of vehicle idling, and other relevant environmental topics. Through these activities, the committee seeks greater community engagement in environmental stewardship.

ANALYSIS:

Event Name: Earth Day Film Screening
Date: Tuesday 4/22/25
Time: 6:00-7:30 pm (set up at 5:00 pm)
Location: Calistoga Community Center
Type of Event: Educational Film Screening of the documentary film "The Pollinators" Event Name: Earth Day Tabling
Dates: Saturday 4/5/25, Saturday 4/12/25, Sunday 4/13/25, Saturday 4/19/25, Saturday 4/26/25, Sunday 4/27/25
Times: Approximately 9 am-1 pm on Saturdays and 12 pm-4 pm on Sundays Locations: Calistoga Farmers Market on Saturdays and in front of Cal Mart Grocery Store on Sundays
Type of Event: Informational table to connect with the community Item #6.5.

Funding Request
 Community Center Rental Fees of $50 (application fee) and $48.00 (rental fee) to be waived
 Cleaning Fee for the Use of Community Center of $130.00 to be waived  Insurance Requirement for Use of Community Center to be waived, and the city's insurance to be used
 Costs for Printing of 500 flyers by city staff
 Costs for Publication of events by city staff on the city website and via email notifications Please review the two committee reports attached for further details on these events.

FINANCIAL IMPACT:

Staff time for supporting the initiative including from the Planning & Building and Public Works departments are not expressly budgeted. The printing and publication costs can be covered in the existing Planning & Building budget which is part of the city's General Fund.

CEQA STATUS:
categorically exempt from environmental review under the California Environmental Quality Act (CEQA), in accordance with CEQA Guidelines section 15061(b)(3). This exemption is justified as it is clear that there is no potential for the adoption of this resolution to significantly impact the environment.

ATTACHMENT(S):
2025 EVENT FUNDING REQUEST FORM - Tabling
2025 EVENT FUNDING REQUEST FORM - Film Screening
APPROVAL(S):

Greg Desmond, Planning & Building Director Approved - Mar 07 2025 Connie Cardenas, Admin. Services Director Approved - Mar 07 2025 Laura Snideman, City of Calistoga | City Manager Approved - Mar 11 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #6.5.

CITY OF CALISTOGA
STAFF REPORT TITLE: Green Committee Request for Earth Day Events Funding ● Event Name: Earth Day Tabling
● Date(s): 4/5/25, 4/12/25, 4/13/25, 4/19/25, 4/26/25, 4/27/25 ● Time(s): Approximately 9am-1pm on 4/5/25, 4/12/25, 4/19/25, and 4/26/25.

Approximately 12pm-4pm on 4/13/25 and 4/27/25.
● Location: Calistoga Farmers Market on the 5th, 12th, 19th, and 26th. In front of Cal Mart on the 13th and 27th.
● Type of Event: Informational table, to inform the public regarding previously implemented Green Committee policies, advertise our Earth Day film screening, and engage with the public on any questions or feedback they may have for the committee.
● Event Main Contact Person and Phone Number: Sean Birge, (707) 738-7886 ● Event Details: Members of the committee will host public informational tables on the aforementioned topics, with the intent of engaging with the public and getting them interested in Earth Day related environmental topics, as well as advertise our film event, and collect community input. In addition, informational flyers about previous Green Committee initiatives such as the Compostable Foodware Ordinance will be present and available at the tables.
● Target Audience: Calistoga residents
● Expected Attendance: Extraordinarily dependent on the day, impossible to estimate for an event like this, but the goal would be to talk to as many people as possible, and hand out all of our flyers.
● Community Impact: Increased access to information regarding past Green Committee initiatives, as well as generating general interest towards environmental issues.
● List and explain how the event aligns with the committee’s Work Plan and specify which Work Plan Goal this event aligns with: This aligns with the goal of “Conduct Public Outreach & Education”.
● Expected positive social and economic benefits to the community (e.g., increased local business revenue, job creation, community pride): Increased public awareness and interest in environmental issues, sustainable practices, and previously passed Green Committee initiatives regarding issues such as compostable foodware, leaf blowers, vehicle idling, and other issues. ● Estimated Budget Breakdown: We are not making any funding request for these tables, the 400 flyers relevant to the film screening and contained within that separate request will be distributed in part at these tables, but no funding requests specifically pertaining to the tabling is being made.

Item #6.5.

CITY OF CALISTOGA
● Event Potential Costs (venue rental, equipment, printed materials, security, marketing, entertainment, permits, etc.): None, outside of the flyers as mentioned in the other funding request.
● Estimated City Staff Hours (printing, posting on website, emailing, setup, etc.):

None, outside of the time taken to print flyers as mentioned in the other funding request.
● Resources and Materials provided by the Committee Members: Tables, chairs, several informational flyers that have been previously used at Green Committee events, displays of compostable and recyclable foodware, and other necessary materials will be provided by committee members.
● Post-Event Evaluation Plan: At the Green Committee meeting following the event, we on the Earth Day team will provide a report to the committee on all of our various Earth Day events in April, their attendance numbers, community feedback, and any other relevant information.
● Metrics to measure the success of the event (attendance, economic impact, community feedback): Attendance numbers, community feedback ● Post-event reporting process to assess outcomes and identify areas for improvement: We will report back to the committee on how the events went at the May meeting, and we will use that information to plan accordingly our events for Earth Day 2026, as well as any other events we may wish to plan throughout the rest of the year.

Item #6.5.

CITY OF CALISTOGA
STAFF REPORT TITLE: Green Committee Request for Earth Day Events Funding ● Event Name: Earth Day Film Screening
● Date(s): 4/22/25
● Time(s): 6:00-7:30pm (set up at 5:00pm)
● Location: Calistoga Community Center
● Type of Event: Educational Film Screening
● Event Main Contact Person and Phone Number: Bobbie Casey, (415) 412-1236 ● Event Details: The event will consist of a public screening of the roughly 1.5 hour long documentary film “The Pollinators”, which is freely available to stream on YouTube. The film covers the topic of bees in the United States and the environmental and human issues they face.
● Target Audience: Any Calistoga residents interested in environmental topics ● Expected Attendance: 40-60 people
● Community Impact: This event will increase our community’s awareness of this vitally-important environmental issue, and how it can affect all of us if nothing is done to address it.
● List and explain how the event aligns with the committee’s Work Plan and specify which Work Plan Goal this event aligns with: This event aligns with two of the Green Committee’s work plan sections: “Conduct Public Outreach & Education” and “Research & Propose Pesticide & Herbicide Regulation”. This film deals with the topic of environmental and human threats to bee populations, one of which is the use of toxic pesticides and herbicides in agriculture and home gardening.

This event will increase public awareness and educate the public on this important issue, and will also be an entertaining and interesting event. ● Expected positive social and economic benefits to the community (e.g., increased local business revenue, job creation, community pride): Increased public awareness and interest in the topics of bees and pesticide and herbicide regulation, a subject on the Green Committee work plan and which will be tackled by the committee this year. In addition, a fun and interesting event to get the public interested in Earth Day and environmental issues. ● Estimated Budget Breakdown: The funding requests that we are making are for the community center rental fee to be waived, for 500 informational flyers to be printed by the city for the purpose of advertising the event (which we on the committee would need for distribution purposes by the beginning of April), and for a staff member to unlock/lock the community center and assist with internet/technology connections as needed to facilitate in the showing of the film.

Item #6.5.

CITY OF CALISTOGA
● Event Potential Costs (venue rental, equipment, printed materials, security, marketing, entertainment, permits, etc.): The cost of printing 500 flyers, and staff time to do that as well as to open the community center, assist with technology if necessary, and close the community center upon the completion of the event. ● Estimated City Staff Hours (printing, posting on website, emailing, setup, etc.):

Approximately 2-3 hours
● Resources and Materials provided by the Committee Members: We will conduct the event, set up and bring down chairs, advertise and distribute flyers and informational materials, and bring any other necessary materials to the event. ● Post-Event Evaluation Plan: At the Green Committee meeting following the event, we on the Earth Day team will provide a report to the committee on all of our various Earth Day events in April, their attendance numbers, community feedback, and any other relevant information.
● Metrics to measure the success of the event (attendance, economic impact, community feedback): Attendance numbers, community feedback ● Post-event reporting process to assess outcomes and identify areas for improvement: We will report back to the committee on how the events went at the May meeting, and we will use that information to plan accordingly our events for Earth Day 2026, as well as any other events we may wish to plan throughout the rest of the year.

Item #6.5.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Rachel Stepp, Deputy City Manager
Meeting: City Council - Mar 18 2025
Subject: Notice of Completion for the Logvy Park Improvement Project DESCRIPTION:

Consideration of a Resolution Accepting a Notice of Completion for the Logvy Park Improvement Project
RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

On July 30, 2024, by Resolution No. 2024-62, the City Council approved a project construction budget for $626,000 and awarded a contract to T&S Intermodal Maintenance, Inc. for $614,800 to complete the Logvy Park Improvement Capital Project for the City of Calistoga. Notice to Proceed was issued on August 19, 2024, and was completed on February 28, 2025, in conformance with approved contract documents.

The completed scope of work included a concrete pathway that completes a loop around the perimeter of Logvy Community Park, a play structure, two bocce ball courts, tables and BBQs, and an ADA-accessible hardscape surrounding the new facilities.

Staff recommends that the project constructed by T&S Intermodal Maintenance, Inc., be accepted as complete.

FINANCIAL IMPACT:

The total construction cost was $614,800 which was less than the approved construction budget of $626,000 to complete the Logvy Park Improvement Capital Project for the City of Calistoga, Account No. 01-5569-4915 (total available CIP budget $626,000). There were no change orders, and construction management/inspection was performed by City staff.

CEQA STATUS:

Per the Addendum to the 2009 Mitigated Negative Declaration for Logvy Community Park Master Plan Revisions that was approved by Resolution 2015-142, and CEQA guidelines section 15164, the Logvy Park Improvement Project is included the overall mitigated negative declaration that was adopted in 2009.

ATTACHMENT(S):

Draft Resolution - Logyv NOC
Item #6.6.

Logvy Park Project Liner NOC Attach 2
APPROVAL(S):

Derek Rayner, Public Works Director/City Engineer Approved - Feb 27 2025 Connie Cardenas, Admin. Services Director Approved - Mar 03 2025 Laura Snideman, City of Calistoga | City Manager Approved - Mar 06 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #6.6.

ATTACHMENT 1
RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA ACCEPTING AS COMPLETE THE LOGVY PARK PROJECT, CONSTRUCTED BY T&S INTERMODAL MAINTENANCE, INC., AND

AUTHORIZING THE PUBLIC WORKS DIRECTOR TO FILE A NOTICE OF

COMPLETION
WHEREAS, On July 30, 2024, by Resolution No. 2024-62, the City Council approved a project construction budget for $614,800 and awarded a contract to T&S Intermodal Maintenance, Inc. for $626,000 to complete the Logvy Park Improvement Capital Project for the City of Calistoga. Notice to Proceed was issued on August 19, 2024, and was completed on February 28, 2025, in conformance with approved contract documents; and
WHEREAS, T&S Intermodal Maintenance, Inc., completed the work required by the contract on February 28, 2025, to the satisfaction of the City Engineer; and WHEREAS, the City Council now desires to accept the Project as complete.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. Accepts as complete the work for the Logvy Park Project constructed by T&S Intermodal Maintenance, Inc.

2. Authorizes the Public Works Director to file a Notice of Completion with the Napa County Recorder and process final payment in accordance with the Contract documents.

PASSED, APPROVED AND ADOPTED this 18th day of March, 2025. I,

YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:

Item #6.6.

Resolution No. 2025-XXX
____________________________ ____________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.6.

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF CALISTOGA
1232 WASHINGTON STREET
CALISTOGA, CA 94515
Attn: Public Works Department
Exempt From Recording Fees
Section 27383 Gov't. Code

NOTICE OF COMPLETION
Notice is hereby given that:

1. The undersigned is the owner of the interest or estate stated below in the property described below.

2. The name of the undersigned is City of Calistoga.

3. The address of the undersigned is:
1232 Washington Street
Calistoga, CA 94515

4. The nature of interest or estate of the undersigned is fee ownership, as well as ownership of the certain improvements located thereon.

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: None

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of work of improvement herein referred to are: None

7. A work of improvement on the property hereinafter described was completed on February 28, 2025.

8. The name of the original contractor, if any, for the work of improvement was T&S Intermodal Maintenance, Inc.

9. The kind of work done or material furnished was to complete improvements to Logvy Park including a concrete pathway that completes a loop around the perimeter of Logvy Community Park, a play structure, two bocce ball courts, tables and BBQs, and an ADA-accessible hardscape surrounding the new facilities. .

10. The property on which the work of improvement was completed is in the City of Calistoga, County of Napa, State of California, and is described as follows:
• Logvy Community Park
City of Calistoga, Owner
Dated: Signed:

Derek Rayner, Public Works Director
ATTACHMENT 2 Item #6.6.

VERIFICATION
I, the undersigned, say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under the penalty of perjury that the above is true and correct.

Executed at Calistoga, California, this __ day of February, 2025.

City of Calistoga
Derek Rayner, Public Works Director
Item #6.6.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Derek Rayner, Public Works Director/City Engineer Meeting: City Council - Mar 18 2025
Subject: Award design for the Conn Creek Waterline Replacement Project DESCRIPTION:

Consideration of a Resolution Authorizing the City Manager to Award a Professional Services Agreement to Consor North America in an amount Not to Exceed $150,997, to Provide Environmental and Engineering Services for the Conn Creek Water Pipe Replacement Project.

RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

Staff submitted a Notice of Intent to request FEMA Hazard Mitigation Grant Program (HMGP) funds in June of 2018 to relocate the Conn Creek transmission main crossing. The Notice of Intent was accepted by FEMA, and we applied for funding. The city’s application was approved in March 2020 which authorized the city to complete phase 1 work. Phase 1 included the planning, environmental and 60% designs and engineering services.

On April 10, 2020, staff prepared a request for proposal (RFP) for the Phase I scope of work. Six proposals were received and staff concluded Murraysmith was the most qualified firm to successfully complete the work. The City Council awarded a Professional Service Agreement (PSA) to Murraysmith on August 4th, 2020, by Resolution 2020-065 to complete phase I designs.

Murraysmith completed 60% of the designs along with CEQA and staff submitted these deliverables to FEMA on September 10, 2021, for their review.

Recently, on September 1, 2024, Calistoga received good news that FEMA/CalOES authorized Phase II grant funding of $1.39 million dollars to fund the rest of the project. This funding approval will allow Calistoga the ability to complete designs and permits, bidding, and construct the project.

Staff were concerned and wanted to ensure we could continue to utilize Murraysmith for Phase II without going through another RFP process. Since we had worked last with Murray Smith (September 2021), they also had been acquired by Consor North America. Staff consulted FEMA/CalOES who administer the project funding, along with the city attorney, to see if we could continue to use Consor’s services. They both concurred that since it wasn’t a cardinal change, or a significant change in the project's scope that Consor could be utilized for the phase II design work (see attached emails from CalOES and BWS Law).

ANALYSIS:

Item #6.7.

The project will replace about a 500-foot section of the North Bay Aqueduct (NBA) water transmission line crossing Conn Creek. The NBA pipeline is critical to Calistoga’s water supply, which provides 70% to 80% of Calistoga’s drinking water. This section currently crosses under Conn Creek and in 2006 (23 years after the original installation) an emergency repair was done because the main became exposed due to scour and erosion of the creek. The 2006 emergency repair has again become exposed due to creek scour and the concrete cap over the main is exposed and needs repair. The permitting agencies notified city staff that the exposed concrete presents an impediment to anadromous fish passage and are mandating repair or removal.

Caltrans recently replaced the Conn Creek bridge near the waterline crossing, and during the bridge design phase city staff coordinated with Caltrans to install the new pipe on the bridge. The bridge will accommodate Calistoga’s waterline and allow us to hang a new waterline off the downstream side of the bridge. This project will be a significant improvement from the current conditions and eliminate Calistoga from having to replace the pipe that crosses under the creek every 20 to 25 years, as it has been exposed regularly from scour and erosion. Additionally, the aerial replacement will provide improved seismic and flood protection to this critical water transmission line and comply with environmental agency mandates of this crossing being a fish barrier.

FINANCIAL IMPACT:

The total cost for Consor to design and permit the project is $150,997 and the approved CIP budget for the Conn Creek Waterline replacement project was $5,000 (Account No. 12-5594-4915) in the FY24/25 council approved budget.

At the time the FY24/25 budget was approved we did not have FEMA/CalOES approval to proceed with the project with additional grant funds and this amount was a placeholder until Phase II authorization came in. Now that it has, staff is requesting a budget adjustment of $146,000 come from the Kimball Bypass Project which has $225,000 available to cover these additional costs (i.e. transfer $146,000 from Account No. 12-5426-4915 into Account No. 12-5594-4915). The Kimball Bypass Project, which currently has a $225,000 budget, is awaiting FEMA authorization and staff is not anticipating needing this full amount in FY24/25.

The FEMA/CalOES Phase II Hazard mitigation grant authorized a total project cost of $1,835,361.82, with $1,396,174.32 funded by a grant and $439,187.50 as the local match. The city council authorized this match commitment by resolution 2018-80.

CEQA STATUS:

CEQA was determined to be a mitigated negative declaration for the construction project and notice of determination was filed on 9/9/2021 as part of phase 1 work. The design engineering and environmental services required under this request are all Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

ATTACHMENT(S):

Draft Resolution - Consor Conn Crk
Notification of Approval of Supplemental Funding-Attach 2 Consor Agrmnt Conn Creek Phase II - Attach 3
APPROVAL(S):

Item #6.7.

Connie Cardenas, Admin. Services Director Approved - Mar 07 2025 Laura Snideman, City of Calistoga | City Manager Approved - Mar 11 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 11 2025 Item #6.7.

RESOLUTION NO. 2025-XXX

CONSIDERATION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO

AWARD A PROFESSIONAL SERVICES AGREEMENT TO CONSOR NORTH AMERICA IN AN AMOUNT NOT TO EXCEED $150,997, TO PROVIDE

ENVIRONMENTAL AND ENGINEERING SERVICES FOR THE CONN CREEK WATER PIPE REPLACEMENT PROJECT.

WHEREAS, in June 2018, staff submitted a Notice of Intent to request FEMA Hazard Mitigation Grant Program (HMGP) funds for the Conn Creek Bridge Water Pipe Crossing Project; and
WHEREAS, the city’s application was approved in March 2020 which authorized the city to complete phase 1 work which included the planning, environmental and 60% designs and engineering services; and
WHEREAS, On April 10, 2020, staff prepared a request for proposal (RFP) for the Phase I scope of work; Six proposals were received and staff concluded Murraysmith was the most qualified firm to successfully complete the work; and WHEREAS, The City Council awarded a Professional Service Agreement (PSA) to Murraysmith on August 4th, 2020, by Resolution 2020-065 to complete phase I designs; and
WHEREAS, Murraysmith completed 60% of designs along with CEQA and staff submitted these deliverables to FEMA on September 10, 2021; and WHEREAS, on September 1, 2024, FEMA/CalOES authorized Phase II grant funding of $1.39million dollars which includes completing the design and permitting and construction of the project; and
WHEREAS, Murraysmith was acquired by Consor North America Inc. and doing business under North America Inc.; and
WHEREAS, Staff consulted FEMA/CalOES and the city attorney to see if we could continue to use Consor’s services and determined that the City can use them to complete phase II work; and
WHEREAS, phase II includes completing the design, permitting and construction of the project in the amount of $1,835,361.82, with $1,396,174.32 funded by a grant and $439,187.50 as the local match; and
WHEREAS, the city council authorized the local match commitment for this project by resolution 2018-80; and
ATTACHMENT 1
Item #6.7.

Resolution No. 2025-XXX

WHEREAS, staff has negotiated a Scope of Work with Consor and recommends that a Professional Services Agreement (PSA) for an amount not to exceed $150,997, be authorized; and
WHEREAS, the approved CIP budget for the Conn Creek Waterline replacement project was $5,000 (Account No. 12-5594-4915) in the FY 2024/25 council approved budget; and
WHEREAS, staff is requesting a budget adjustment of $146,000 from the Kimball Bypass Project, Account No. 12-5426-4915, that has $225,000 available funds to cover the additional costs; and
WHEREAS, CEQA was determined to be a mitigated negative declaration for the construction of the project and notice of determination was filed on 9/9/2021 as part of phase I work.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CALISTOGA DOES HEREBY find the following:

1. The City Manager is hereby authorized to execute the PSA on behalf of the City of Calistoga with Consor North America Inc. to provide permitting and engineering services for the Conn Creek Bridge water pipe Crossing Project for an amount not to exceed $150,997.

2. Authorizes transfer of $146,000 from the Kimball Bypass Project, Account No. 12-5426-4915, to the Conn Creek Waterline replacement project, Account No. 12-5594-4915 .

PASSED, APPROVED AND ADOPTED this 18th day of March, 2025. I,

YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
Item #6.7.

3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
September 18, 2024
Derek Rayner
Public Works Director
Calistoga, City of
1232 Washington Street
Calistoga, CA 94515-1440
Subject: Notification of Approval of Supplemental Funds Hazard Mitigation Grant Program
FEMA-4344-DR-CA, Project #PJ0402, FIPS #055-09892,
Supplement #398
Dear Mr. Rayner:

The California Governor’s Office of Emergency Services (Cal OES) has received a notification from the Federal Emergency Management Agency (FEMA) approving $1,317,562.50 in additional funds for this grant subaward. A copy of FEMA’s letter is enclosed for your records.

Payments will be made on a reimbursement basis using the Hazard Mitigation Reimbursement Request form. A ten percent (10%) retention will be withheld from all reimbursement payments and will be released as part of the grant subaward closeout process. Please note that your organization must maintain an active registration in the SAM.gov (System for Award Management) database for the duration of this grant subaward.

Please read the enclosed supplement. In accordance with Title 44 Code of Federal Regulations, Part 206.440, if you disagree with FEMA’s obligated amount or scope of work listed in the supplement, you can appeal. All appeals must be in writing and received by Cal OES within 60 days from the receipt of this letter.

If you have any questions or need assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at
[email protected].

Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
Item #6.7.

3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
September 18, 2024
Derek Rayner
Public Works Director
Calistoga, City of
1232 Washington Street
Calistoga, CA 94515-1440
Subject: Notification of Approval for Subrecipient Management Cost Funding Hazard Mitigation Grant Program
FEMA-4344-DR-CA, Project #PJ0402, FIPS #055-09892,
Supplement #398
Dear Mr. Rayner:

The California Governor’s Office of Emergency Services (Cal OES) received notification that the Federal Emergency Management Agency (FEMA) has approved $78,611.82 in additional funding for subrecipient management costs (SRMC). SRMC are costs incurred while administering a Hazard Mitigation grant subaward. A copy of FEMA’s letter is enclosed for your records.

Payments are made on a reimbursement basis using the specialized Subrecipient Management Cost Reimbursement Request Form. Subrecipients are reminded to document their SRMC separately from direct project expenditures. To qualify for SRMC reimbursement, subrecipients must first incur and seek reimbursement for direct project expenditures via the specialized Project Expenditures Reimbursement Request Form. Reimbursement for SRMC is capped at five percent of a project’s cumulative direct project expenditures. Please note that your organization must maintain an active registration in the SAM.gov (System for Award Management) database for the duration of this grant subaward.

Please read the enclosed supplement. In accordance with Title 44 Code of Federal Regulations, Part 206.440, if you disagree with FEMA’s obligated amount or scope of work listed in the supplement, you can appeal. All appeals must be in writing and received by Cal OES within 60 days from the receipt of this letter.

If you have any questions or need assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at
[email protected].

Recovery Financial Processing Unit
Enclosures
c: Subrecipient’s Project File

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
Item #6.7.

U.S. Department of Homeland Security
FEMA Region 9
1111 Broadway, Suite 1200
Oakland, CA 94607
www.fema.gov
1, 2024
Robyn Fennig
Assistant Director Hazard Mitigation Section
Governor’s Authorized Representative
California Offices of Emergency Services
3650 Schriever Avenue
Mather, CA 95655
Reference: Application Approval, HMGP-4344-402-101R
City of Calistoga
Water Reliability Transmission and Distribution Improvement Project, Phase 2 FIPS Code: 055-09892, Supplement 398
Dear Robyn Fennig:

We approve and issue Hazard Mitigation Grant Program (HMGP) funds for the City of Calistoga, HMGP-4344-402-101R, Water Reliability Transmission and Distribution Improvement Project, Phase 2.

The total project cost for Phase 2 is $1,756,750.00. As shown in the enclosed Obligation Report - Supplement 398, we are obligating $1,317,562.50 for the 75 percent Federal share; the 25 percent non-Federal share is $439,187.50. We are obligating $78,611.82 for the 100% Federal share Subrecipient Management Costs. These funds are available in SmartLink for immediate and eligible disbursements. The following is a summary of the approved funding:

Project Phase: Federal
Share:

Non-Federal Share: Total Project Cost:

Phase 1, Supplement 83 & 95 $254,437.50 $84,812.50 $339,250.00 Phase 2, Supplement 398 $1,317,562.50 $439,187.50 $1,756,750.00 Phase 2, Management Cost $78,611.82 $0.00 $78,611.82
TOTALS $1,650,611.82 $524,000.00 $2,174,611.82
This HMGP project approval and obligation of funds are subject to the following conditions:

1. Scope of Work (SOW) – The City of Calistoga will upgrade the underground segment of the existing North Bay Aqueduct pipeline that crosses Conn Creek floodway in unincorporated Received
September 5, 2024
Financial Processing Unit
Item #6.7.

Robyn Fennig
1, 2024

central Napa County, California. The project includes the replacement of up to 3,000 linear feet of 12-inch-diameter underground pipeline with new 16-inch-diameter underground pipeline parallel to and along the south side of Silverado Trail. The existing 12-inch-diameter pipeline will remain in service while the replacement pipeline is constructed. Staging areas will be located along Silverado Trail within existing road right-of-way and temporary construction easements. The project site occurs within Napa County and Caltrans rights-ofway.

2. Project Completion Date – The work schedule included in the project application indicates that Phase 2 will take 22 months to complete; however, we can only approve a project up to the approved disaster period of performance (POP). Therefore, the project completion date is September 5, 2025. Please inform the sub-recipient that work completed after the disaster period of performance (POP) is not eligible for federal funding, and that federal funds may be de-obligated for work completed outside the POP when there is no approved time extension.

3. Project Closeout – Within 120 days of the award period of performance’s expiration, all project funds must be liquidated and final closeout documentation for the project must be submitted to FEMA. Please note the project must comply with Code of Federal Regulations Title 2, Part 200 reporting requirements at the time of closeout.

4. Record of Environmental Consideration (REC) – The proposed action is the preferred action under Section 2.3.4. Repairing, Realigning, or Otherwise Modifying Roads, Trails, Utilities, and Rail Lines of the Programmatic Environmental Assessment for Recurring Actions in Arizona, California, and Nevada (PEA). No further National Environmental Policy Act (NEPA) review is required. A list of Typical Best Management Practices is attached.

Addressing the BMPs appropriate for this scope of work is a condition of funding. Failure to comply with these conditions may jeopardize federal assistance including funding. Please reference the enclosed REC for further information.

5. Standard Conditions – This project approval is subject to the enclosed Standard Mitigation Grant Program (HMGP) Conditions, amended August 2018. Please note that federal funds may be de-obligated for work that does not comply with these conditions.

If you have any questions, please contact Aaron Lim, Grants Management Specialist, by email [email protected], or phone (510) 627-7036.

Sincerely,
Kathryn Lipiecki
Director, Mitigation Division
FEMA Region 9
Item #6.7.

Robyn Fennig
1, 2024

Enclosures (4):

Obligation Report - Supplement 398
Record of Environmental Consideration (REC)
Typical Best Management Practices
Standard Mitigation Grant (HMGP) Conditions
cc: Melissa Boudrye, Resilience Branch Chief, California Governor’s Office of Emergency Services
Concepcion Chavez, Technical Assistance Division Chief, California Governor’s Office of Emergency Services
Ron Miller, Hazard Mitigation Assistance Division Chief, California Governor’s Office of Emergency Services
Joseph Purvis, Division Chief, California Governor’s Office of Emergency Services Ryan Massello, Hazard Mitigation Quality Assurance Division Chief, California Governor’s Office of Emergency Services
Robert McCord, Chief, Hazard Mitigation Assistance Branch, FEMA Region 9 Item #6.7.

Item #6.7.

Item #6.7.

Item #6.7.

Item #6.7.

Item #6.7.

Item #6.7.

Item #6.7.

Item #6.7.

From: Miller Simonds, Allison
To: Lim, Aaron
Cc: Holm, Lisa; Harvey, Andrea
Subject: HMGP 4344-402-101
Date: Wednesday, 5 June, 2024 10:12:42 AM
Attachments: HMGP-4344-0101-CA_(4344-402-101)_(2)_REC.pdf image001.png
Good morning Aaron,
Phase 2 of the City of Calistoga’s Water Reliability Transmission and Distribution Improvement (Conn Creek Aerial Crossing) project has cleared EHP review in EMIS and NEMIS. The project REC is attached here and saved to the project folder. The project includes the following conditions:

1. NEPA: The Subrecipient is responsible for implementing best management practices (BMPs) appropriate for this scope of work. A list of Typical Best Management Practices is attached. Any changes to this scope of work must be resubmitted to FEMA for review prior to initiation of any work. Noncompliance with these requirements may jeopardize federal funding.

2. NHPA: The Subrecipient is responsible for implementing all conditions described in consultation letters between FEMA and the State Historic Preservation Officer (SHPO), including tribal monitors from the Mishewal-Wappo and archaeological monitors. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout. See attached letters.

3. ESA: The Subrecipient is responsible for implementing Avoidance and Minimization Measures and Conservation Measures in the attached documentation per the National Marine Fisheries Service (NMFS) Consultation. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout.

4. ESA: The Subrecipient must return the completed Post-construction Notification Reporting Form to [email protected] and the National Marine Fisheries Service (NMFS) within 45 days of project completion.

5. ESA: As of the date of this review, the Northwestern Pond Turtle is listed as "Proposed Threatened" on the US Fish and Wildlife Service (USFWS) Threatened and Endangered Species list, and the species has potential to occur within or near the project action area.

Within 30 days of the start of construction, the Subapplicant is required to check with the Sacramento Fish and Wildlife Office (www.fws.gov/office/sacramento-fish-and-wildlife) to determine if the Northwestern Pond Turtle's listing status has changed from "Proposed" to "Threatened" or "Endangered". If the species' status has changed to Threatened or Endangered, the project must be resubmitted to FEMA for consultation with the USFWS.

6. CWA: This project may impact Waters of the U.S., and the Subrecipient is required to contact the USACE to determine whether project activities require a USACE permit under Section 404 of the Clean Water Act (CWA). All documentation pertaining to coordination and permitting must be attached to the Subrecipient application. Failure to comply with Item #6.7.

these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout.

7. CAA: The Subapplicant is responsible for complying with all applicable subparts of the Clean Air Act. Failure to comply with this condition may jeopardize federal assistance, including funding. Any change to the approved scope of work will require re-evaluation for compliance with the Clean Air Act.

8. MSA: The Subrecipient is responsible for implementing all conditions in the attached documentation per National Marine Fisheries Service (NMFS) Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout.

9. EO11988: The Subrecipient must coordinate with the local floodplain administrator and obtain any required permits prior to initiating work. Coordination correspondence with the Floodplain administrator, including any required permits, and implementation documentation to any permit conditions need to be forwarded to the State and FEMA for inclusion in the permanent project files.

10. EO11990 - Permitting: The Subrecipient is responsible for proper identification of wetlands. Under EO11990 - Protection of Wetlands, the Subrecipient is responsible for coordinating with and obtaining any required Section 404 Permit(s) from the USACE prior to initiating work. The Subrecipient shall comply with all conditions of the required permit.

All coordination pertaining to these activities shall be documented and copies forwarded to the Cal OES and FEMA as part of the permanent project files.

11. EO11990 - Best Management Practices: The Subrecipient shall ensure that best management practices are implemented to prevent erosion and sedimentation to surrounding, nearby or adjacent wetlands. This includes equipment storage and staging of construction to prevent erosion and sedimentation to ensure that wetlands are not adversely impacted per the Clean Water Act and Executive Order 11990.

12. EO13112: All erosion control materials and equipment must be free of invasive species.

Use weed-free materials for erosion control and soil stabilization. When available, use weed-free straw certified by a county agriculture department, coconut fiber, rice straw, and/or native grass straw.

Thank you,
Allison Miller Simonds
Historic Preservation Specialist | Environmental Planning & Historic Preservation | Region IX Mobile: (202) 803-3493
[email protected] | Pronouns: she/her
Federal Emergency Management Agency
fema.gov
Item #6.7.

Item #6.7.

Appendix C
List of Typical Best Management Practices
Item #6.7.

1 During construction, Best Management Practices (BMPs) are normally employed to reduce potential adverse effects to resource areas from construction and operation of proposed projects.

BMPs are outlined below for resource areas where impact may occur due to project activities.

BMPs for resource areas like socioeconomics and public safety, land use and planning and visual resources are not outlined, as construction and operation measures to protect those resource areas vary by jurisdiction and state/local regulations. Further, overlap between resource areas BMPs exists. This list represents sample general construction BMPs; project specific BMPs should be implemented on a case by case basis. The table below outlines general construction BMPs.

Table 1 General Construction BMPs
General
Principles
Fit grading to the surrounding terrain.

Time grading operations to minimize soil exposure.

Retain existing vegetation whenever feasible.

Vegetate and mulch or otherwise stabilize disturbed areas.

Direct runoff away from disturbed areas.

Minimize the length and steepness of slopes.

Keep runoff velocities low.

Prepare drainage ways and outlets to handle concentrated runoff until permanent drainage structures are constructed.

Trap sediment on site.

Inspect and maintain control measures frequently.

Do not dispose of plant material in a creek or drainage facility or leave it in a roadway where it can clog storm drain inlets.

Avoid disposal of plant material in trash dumpsters or mixing it with other wastes.

Compost plant material or take it to a landfill or other facility that composts yard waste (check with the local planning or building department for more information).

Structural
Control
Measures
Where possible maintain runoff water within its natural course and direction of flow.

Design and maintain access roads to prevent ponding and damage from water flow.

Limit cut and fill slopes to an inclination of 2:1 or flatter, and include benching to reduce slope length on longer slopes.

Direct concentrated flow to stabilized channels and drains.

Roughen slope surfaces to slow down flow velocities and enhance water infiltration, which in turn will enhance vegetation establishment
Divert stormwater away from denuded areas and use properly installed temporary berms, earth dikes, silt fences, sediment traps, inlet protection, and sediment basins to limit the discharge of sediment and pollutants from the site.

Stormwater
Management
Controls
Wherever possible, stormwater runoff from undeveloped areas should be kept separate from runoff from developed areas, and should be retained in natural conveyances or routed through properly lined drainage conveyances.

Discharge locations should be provided with appropriate energy dissipation to prevent scour.

Item #6.7.

2 Geology and Soils
The following BMPs for geology and soils were developed using local and state guidelines. The BMPs are geared towards preventing soil erosion. BMPs for geological hazards must be developed in accordance with federal, state and local building codes and project area specific geological conditions.

1. Plan the development to fit the topography, soils, drainage pattern and natural vegetation of the site.

2. Delineate clearing limits, easements, setbacks, sensitive or critical areas, trees, drainage courses, and buffer zones to prevent excessive or unnecessary disturbances and exposure.

3. Phase grading operations to reduce disturbed areas and time of exposure.

4. Avoid excavation and grading during wet weather.

5. Use berms and drainage ditches to divert runoff around exposed areas. Place diversion ditches across the top of cut slopes.

6. Plant vegetation on exposed slopes. Where replanting is not feasible, use erosion control blankets (e.g., jute or straw matting, glass fiber or excelsior matting, mulch netting).

7. Consider slope terracing with cross drains to increase soil stability.

8. Cover stockpiled soil and landscaping materials with secured plastic sheeting and divert runoff around them.

9. As a back-up measure, protect drainage courses, creeks, or catch basins with fiber rolls, silt fences, sand/gravel bags and/or temporary drainage swales.

10. Once grading is completed, stabilize the disturbed areas using permanent vegetation as soon as possible. Use temporary erosion controls until vegetation is established.

11. Conduct routine inspections of erosion control measures especially before and immediately after rainstorms, and repair if necessary.

Air Quality and Greenhouse Gas Emissions
The following BMPs are extracted from state sources and they represent general construction BMPs for minimizing air quality and greenhouse gas emissions from project construction. The following BMPs can also be implemented to reduce project impacts on Climate Change.

1. All exposed unpaved surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.

2. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

3. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

4. All vehicle speeds on unpaved roads shall be limited to 15 mph.

5. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

6. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes.

7. Clear signage shall be provided for construction workers at all access points.

Item #6.7.

3 8. All construction equipment shall be maintained and properly tuned in accordance with emissions evaluator.

9. Post a publicly visible sign with the telephone number and person to contact at the lead agency regarding dust complaints. This person shall respond and take corrective action compliance with applicable regulations.

10. All trucks and equipment, including their tires, shall be washed off prior to leaving the site.

11. Sandbags or other erosion control measures shall be installed to prevent silt runoff to public roadways from sites with a slope greater than one percent.

12. Minimizing the idling time of diesel powered construction equipment to two minutes.

13. Use low Volatile Organic Compound (VOC) (i.e., ROG) coatings beyond the local requirements.

14. Requiring that all construction equipment, diesel trucks, and generators be equipped with Best Available Control Technology for emission reductions of NOx and PM.

15. Monitor dust-generating activities and implement appropriate measures for maximum dust control.

Water Resources
The following BMPs are extracted from sources such as the US Fish and Wildlife Service (USFWS) and Regional Water Quality Boards (RWQCB). These BMPs could be implemented when working near waters of the US or wetlands.

1. No work within 50 feet of a wetland or waterbody.

2. For work between 50 and 200 feet of a wetland or waterbody:

Herbicides would be restricted to glyphosate-based herbicides that are approved by the EPA for use around water (e.g., Rodeo).

Hand tools (chainsaws, brush cutters, and other hand tools) would be used to create a gradation of vegetation density by removing approximately 50 percent of the vegetation farthest from wetlands and perennial waterbodies, and 33 percent of the vegetation at closer distances to wetlands and perennial waterbodies.

No equipment fueling would occur.

3. Never wash down pavement or surfaces where materials have spilled. Use dry cleanup methods whenever possible.

4. Protect all storm drain inlets using filter fabric cloth or other best management practices to prevent sediments from entering the storm drainage system during construction activities.

5. Keep materials out of the rain prevent runoff pollution at the source. Schedule clearing or heavy earth moving activities for periods of dry weather. Cover exposed piles of soil, construction materials and wastes with plastic sheeting or temporary roofs. Before it rains, sweep and remove materials from surfaces that drain to storm drains, creeks, or channels.

Item #6.7.

4 6. Prior to construction, wetlands located in the project area will be fenced off using ESA fencing. The fencing will be placed 5 feet away from each wetland feature.

7. Appropriate erosion control measures will be used to reduce siltation and runoff of contaminants into wetlands and adjacent, ponds, streams, or riparian woodland/scrub.

The contractor will not be allowed to stockpile brush, loose soils, or other debris material on stream banks.

8. Native plant species should be used in erosion control or revegetation seed mix. Any hydroseed mulch used for revegetation must also be certified weed-free. Dry-farmed straw will not be used, and certified weed-free straw will be required where erosion control straw is to be used. Filter fences and mesh will be of material that will not entrap reptiles and amphibians. Erosion-control measures will be placed between water or wetland and the outer edge of the project site.

9. All off-road construction equipment will be cleaned of potential noxious weed sources (mud, vegetation) before entry into the project area. Equipment will be considered free of soil, seeds, and other such debris when a visual inspection does not disclose such material. Disassembly of equipment components or specialized inspection tools is not required.

10. Vehicles and equipment will be parked on pavement, existing roads, or specified staging areas.

11. Trash generated by covered activities should be promptly and properly removed from the site.

12. Equipment storage, fueling, and staging areas will be sited on disturbed areas or on nonsensitive nonnative grassland land cover types, when these sites are available, to minimize risk of direct discharge into riparian areas or other sensitive land cover types.

13. All temporarily disturbed areas, such as staging areas, will be returned to pre-project or ecologically improved conditions as required by responsible agencies.

14. Do not over-apply pesticides or fertilizers and follow instructions for mixing and applying materials.

15. Dispose of all wastes properly. Materials that cannot be reused or recycled must be taken to an appropriate landfill or may require disposal as hazardous waste. Never throw debris into channels, creeks or into wetland areas. Never store or leave debris in the street or near a creek where it may contact runoff.

Biological Resources
These BMPs have been extracted from USFWS and should be applied when working in areas that have been identified to contain Special Status Species and migratory birds.

Special Status Species

1. Construction should generally occur during the dry season (April 15 to October 15).

2. No more than two days prior to the start of ground disturbing activities, focused preconstruction surveys for Special Status Species will be completed by a USFWSapproved biologist in all suitable upland dispersal habitat areas, if Special Status Species have been previously identified in the area. If Special Status Species are found during focused preconstruction surveys, the USFWS will be contacted within one working day, and a suitable protocol shall be approved by USFWS for relocation.

Item #6.7.

5 3. Exclusion fencing such as Ertec E-fenceTM or an equivalent will be installed around Special Status species habitat prior to any construction during the dry season (April 1 through October 15), when Special Status Species are not actively dispersing or foraging.

The fencing will remain in place until all project activities in the vicinity of suitable upland dispersal habitat are completed.

4. To prevent Special Status Species from becoming entangled or trapped in erosion control materials, plastic monofilament netting (erosion control matting) or similar material will not be used for erosion control. Acceptable substitutes include coconut coir matting or tackified hydroseeding compounds.

5. Prior to any construction where Special Status Species have been detected a USFWSqualified biologist will conduct an education program for construction personnel. At a minimum, the training will include a description of Special Status Species and their habitats; the potential occurrence of these species in the project area; the measures to be implemented to conserve listed species and their habitats as they relate to the work site; and boundaries in which construction may occur. A fact sheet conveying this information will be prepared and distributed to all construction crews and project personnel entering the project area. Upon completion of the program, personnel will sign a form stating that they attended the program and understand all of the avoidance and minimization measures for the Special Status Species.

6. All construction-related trenches and holes in the ground will be covered at the end of each work day to prevent entrapment of Special Status Species. A USFWS-approved biologist will survey the holes at the beginning of each work day to check for trapped Special Status Species. If a Special Status Species is observed, the USFWS-approved biologist will capture and relocate them to a suitable area outside the project area.

7. All organic matter should be removed from nets, traps, boots, vehicle tires and all other surfaces that have come into contact with ponds, wetlands, or potentially contaminated sediments. Items should be washed with a 5 percent bleach solution and rinsed with clean water before leaving each study site. Used cleaning materials (liquids, etc.) should be disposed of safely, and if necessary, taken off site for proper disposal. Used disposable gloves should be retained for safe disposal in sealed bags.

8. Implement measures to minimize the spread of disease and non-native species based on current Wildlife Agency protocols and other best available science.

Migratory Birds BMPs
Raptors

1. Preconstruction surveys for raptors, other special-status birds, and appropriate nesting habitat will be conducted within 50 feet of the construction area no more than three days prior to ground disturbing activities. If an active nest is found, the state agency (ex.

CDFW) will be consulted to determine the appropriate buffer area to be established around the nesting site and the type of buffer to be used, which typically is ESA fencing.

If establishment of a buffer is not feasible, the appropriate agency will be contacted for further avoidance and minimization guidelines.

2. A qualified biologist will conduct weekly monitoring during construction, to evaluate the identified nest for potential disturbances associated with construction activities.

Construction within the buffer is prohibited until the qualified biologist determines the nest is no longer active.

Item #6.7.

6 3. If an active nest is found after construction begins, construction activities in the vicinity of the nest will stop until a qualified biologist has evaluated the nest and established the appropriate buffer around the nest. If establishment of the buffer is not feasible, the appropriate agency will be contacted for further avoidance and minimization guidelines.

Migratory Birds
The measures below would be implemented for construction work during the nesting season (February 15 through August 31).

1. A qualified biologist will conduct preconstruction surveys for nesting migratory birds in the project area no more than three days prior to the start of ground disturbing activities.

If preconstruction surveys indicate the presence of any migratory bird nests where activities would directly result in bird injury or death, a buffer zone of 50 feet will be placed around the nest.

2. Buffers will be established around active migratory bird nests where project activities would directly result in bird injury or death. The size of the buffer may vary for different species and will be determined in coordination with the responsible agency. A qualified biologist will delineate the buffer using ESA fencing, pin flags, and/or yellow caution tape.

3. Buffer zones will be maintained around all active nest sites until the young have fledged and are foraging independently. In the event that an active nest is found after the completion of preconstruction surveys and after construction begins, all construction activities within a 50-foot radius will be stopped until a qualified biologist has evaluated the nest and erected the appropriate buffer around it.

4. If an active nest is found in an area after construction begins, construction activities in the vicinity of the nest will stop until a qualified biologist has evaluated the nest and established the appropriate buffer around the nest. If establishment of the buffer is not feasible, the responsible agency will be contacted for further avoidance and minimization guidelines.

Historic Properties The following BMPs were developed to be used if cultural resources are present. Further BMPs must be developed based on Federal and State guidelines.

Prehistoric or Historic Subsurface Resources: In the event that any prehistoric or historic subsurface cultural resources, as defined by the responsible agency, are discovered during ground disturbing activities all work within 50 feet of the resources should be halted and the project applicant should consult with a qualified archaeologist or paleontologist to assess the significance of the find. If any find is determined to be significant, representatives of the proponent and the qualified archaeologist would meet to determine the appropriate course of action. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curation, and a report prepared by the qualified archaeologist according to current professional standards.

Unanticipated Paleontological Resources: The project proponent shall notify a qualified paleontologist of unanticipated discoveries, made by either the cultural resources monitor or construction personnel and subsequently document the discovery as needed. In the event of an Item #6.7.

7 unanticipated discovery of a breas, true, and/or trace fossil during construction, excavations within 50 feet of the find shall be temporarily halted or diverted until the discovery is examined by a qualified paleontologist. The paleontologist shall notify the appropriate agencies to determine procedures that would be followed before construction is allowed to resume at the location of the find.

Discovery of Human Remains: In the unlikely event of the discovery of human remains, the following BMPs can be implemented as follows:

1. There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until:

2. The Coroner of the county in which the remains are discovered must be contacted to determine that no investigation of the cause of death is required, and

3. If the coroner determines the remains to be Native American:

The coroner shall contact the responsible agency within 24 hours.

The responsible shall identify the person or persons it believes to be the most likely descended from the deceased Native American.

The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods.

Transportation
The following BMPs were developed based on state and local jurisdictions guidelines. Further BMPs must be developed depending on local jurisdiction traffic control requirements.

1. When possible construction crews would travel outside of peak hour traffic times, therefore minimizing peak traffic times impacts.

2. All vehicles related to project constructions, including contractor vehicles and trucks, would use designated Truck Routes, where those are available.

3. Detour signs shall be used when necessary for vehicles, bicycle and pedestrian ways.

4. All detour signs during construction would be designed to meet the responsible agency standards.

5. A Traffic Control Plan shall be implemented if the project is expected to require road closures.

Noise
The following BMPs for noise have been developed by surveying a variety of local noise guidelines, as there are no state or federal guidelines regarding acceptable noise limits. Noise BMPs will vary based on local noise ordinances and land uses surrounding the project area.

1. Provide advance notification to surrounding land uses disclosing the construction schedule, including the various types of activities that would be occurring throughout the duration of the construction period.

2. Noise-generating construction activities, including truck traffic coming to and from the site for any purpose, shall be limited to the hours of 7:00 a.m. to 7:00 p.m. during Item #6.7.

8 weekdays and 8:00 a.m. to 5:00 p.m. on Saturday and Sunday, or as specified in the Noise Ordinance of the local municipality.

3. All noise-producing project equipment and vehicles using internal combustion engines shall be equipped with mufflers, air-inlet silencers where appropriate, and any other shrouds, shields, or other noise-reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment shall be equipped with shrouds and noise control features that are readily available for that type of equipment.

4. Contractor shall be responsible for maintaining equipment in best possible working condition.

5. Mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise-sensitive receivers.

6. Locate construction equipment as far as possible from nearby noise-sensitive receptors.

7. The use of noise-producing signals, including horns, whistles, alarms, and bells shall be for safety warning purposes only. No project-related public address or music system shall be audible at any adjacent noise-sensitive receptor.

8. The contractor shall notify adjacent property owner, property managers, and business owners of adjacent parcels of the construction schedule in writing and in advance of the work. The notification shall include the name and phone number of a project representative or site supervisor.

9. The on-site construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the Owner shall be established prior to construction commencement that shall allow for resolution of noise problems that cannot be immediately solved by the site supervisor.

Hazardous Materials
The following BMPs were developed using state guidelines as well as a variety of local jurisdiction guidelines. The BMPs apply to handling of regular hazardous substances as well as the discovery of unknown or undocumented contamination.

1. Vehicles and equipment would be inspected and approved before use to ensure that they will not leak hazardous materials such as oil, hydraulic fluid, or fuel.

2. Fueling would take place in designated staging areas, outside native vegetation or wetlands.

3. The contractor would have emergency cleanup gear for spills (spill containment and absorption materials) and fire-suppression equipment available onsite at all times. The gear and equipment would be inspected before treatment begins.

4. Leaks, drips, and other spills would be cleaned up immediately to avoid soil or groundwater contamination. Cleanup of a spill on soil would include removing the contaminated soil using the emergency spill cleanup gear. Contaminated soil and disposable gear used to clean up a hazardous materials spill would be properly disposed of following State and Federal hazardous material disposal regulations.

5. Major vehicle maintenance and washing would be done offsite.

6. Spent fluids including motor oil and radiator coolant and used vehicle batteries would be collected, stored, and recycled as hazardous waste offsite.

7. Spilled dry materials would be swept up immediately.

Item #6.7.

9 Unknown and Undocumented Contamination
If hazardous materials are encountered during construction or accidentally released as a result of construction activities the following procedures shall be implemented:

1. Work shall stop in the vicinity of any discovered contamination or release.

2. The scope and immediacy of the problem shall be identified.

3. Coordination with the responsible agencies shall take place.

4. The necessary investigation and remediation activities shall be conducted to resolve the situation before continuing construction work.

The following measures shall be implemented if unknown or undocumented contamination is discovered during construction to avoid potentially significant impacts to hydrology and water resources in the project area.

Item #6.7.

1 Standard Mitigation Grant Program (HMGP) Conditions
FEMA Region IX, August, 2018
The following list applies to Recipients and Subrecipients accepting HMGP funds from the Federal Emergency Management Agency (FEMA) of the Department of Homeland Security (DHS):

1. Applicable Federal, State, and Local Laws and Regulations. The Recipient/Subrecipient must comply with all applicable Federal, State, and Local laws and regulations, regardless of whether they are on this list or other project documents. DHS financial assistance Recipients and Subrecipients are required to follow the provisions of the State HMGP Administrative Plan, applicable Hazard Mitigation Assistance Uniform Guidance, and Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located in Title 2 of the Code of Federal Regulations (CFR) Part 200, adopted by DHS in 2 CFR 3002.

2. Financial Management Systems. The Recipient and Subrecipient must maintain financial management systems to account for and track funds, as referenced in 2 CFR 200.302.

3. Match or Cost Share. Non-federal match or cost share must comply with 2 CFR 200.306, the scope of work (SOW), and any agreements among the Subrecipient, the Recipient, and FEMA.

4. Budget Changes. Unanticipated adjustments are permitted within the approved total cost. However, if costs exceed the federal share, the Subrecipient must notify the Governor’s Authorized Representative (GAR) of overruns before implementation. The GAR shall submit a written request for approval to FEMA Region IX. The subaward must continue to meet HMGP requirements, including cost effectiveness and cost share. Refer to 2 CFR 200.308 for additional information.

5. Real Property and Land. The acquisition, use, and disposition must comply with 2 CFR 200.311.

6. Equipment. The acquisition, use, and disposition must comply with 2 CFR 200.313.

7. Supplies. Upon project completion, FEMA must be compensated for unused supplies, exceeding $5,000 (fair market value), and not needed for other federal programs. Refer to 2 CFR 200.314.

8. Procurement. Procurement procedures must be in conformance with 2 CFR 200.318-320.

9. Monitoring and Reporting Program Performance. The Recipient and Subrecipient must submit quarterly progress reports, as referenced in the 2 CFR 200.328 and State HMGP Administrative Plan.

10. Records Retention. In accordance with 2 CFR 200.333, financial/ programmatic records related to expenditures must be maintained at least 3 years after the date of Recipient’s final expenditure report.

11. Enforcement and Termination. If the Recipient or Subrecipient fails to comply with the award or subaward terms, whether stated in a Federal statute or regulation, the State HMGP Administrative Plan, subpplication, a notice of award, an assurance, or elsewhere, FEMA may take one or more of the actions outlined in 2 CFR 200.338, including termination or partial termination of the award or subaward outlined in 2 CFR 200.339.

12. Allowable Costs. Funds are to be used for allowable costs in compliance with 2 CFR 200.403, the approved SOW, and any agreements among the Subrecipient, Recipient, and FEMA.

Item #6.7.

2 13. Non-Federal Audit. The Recipient and Subrecipient are responsible for obtaining audits in accordance with the Single Audit Act of 1984, in compliance with 2 CFR 200.501.

14. Debarred and Suspended Parties. Recipients and Subrecipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 CFR 180. These regulations restrict federal financial assistance awards, subawards, and contracts with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in the federal assistance programs or activities.

15. Equipment Rates. Rates claimed for use of Subrecipient-owned equipment in excess of the FEMAapproved rates must be approved under State guidelines issued by the State Comptroller's Office or must be certified by the Recipient to include only those costs attributable to equipment usage less any fixed overhead and/or profit.

16. Duplication of Funding between Public Assistance (PA) and HMGP. Funding for PA Section 406 and HMGP Section 404 are permitted on the same facility/location, but the activities identified under each program must be distinct with separately accounted funds. At closeout, FEMA may adjust the funding to ensure the Subrecipient was reimbursed for eligible work from only one funding source.

17. Historic Properties and Cultural Resources. In compliance with 2 CFR 800, if a potential historic property or cultural resource is discovered during construction, the Subrecipient must cease work in the area and take all reasonable measures to avoid or minimize harm to the discovered property/resource. During construction, the Subrecipient will monitor ground disturbance activity, and if any potential archeological resources are discovered, will immediately cease work in that area, and notify the Recipient and FEMA. Construction in the area may resume with FEMA’s written approval after FEMA’s consultation, if applicable, with the State Historic Preservation Officer (SHPO).

18. NEPA and Changes to the Scope of Work (SOW). To comply with the National Environmental Policy Act (NEPA), and other Laws and Executive Orders, any change to the approved SOW shall be re-evaluated before implementation. Construction associated with a SOW change, prior to FEMA approval, may be ineligible for funding. Acceptance of federal funding requires environmental permits and clearances in compliance with all appropriate federal, state and local laws, and failure to comply may jeopardize funding.

Within their authority, the Recipient and Subrecipient must use of all practicable means, consistent with other essential policies, to create and maintain productive harmony for people and nature, and fulfill the social, economic, and other needs of present and future generations of Americans. \\R9li8a1\mitdata$\05. HMA Grants Management\02. HMGP\HMGP Standard Conditions\Standard HMGP Conditions, August 2018.docx Item #6.7.

3650 SCHRIEVER AVENUE  MATHER, CA 95655

RECOVERY FINANCIAL PROCESSING UNIT
(916) 845-8110
September 18, 2024
Derek Rayner
Public Works Director
Calistoga, City of
1232 Washington Street
Calistoga, CA 94515-1440
Subject: Updated Grant Subaward Information Sheet Notification Hazard Mitigation Grant Program
FEMA-4344-DR-CA, Project #PJ0402, FIPS #055-09892
Dear Mr. Rayner:

In compliance with 2 CFR Ch. II §200.331, the California Governor’s Office of Emergency Services (Cal OES) is sending you an updated Supplemental Grant Subaward Information sheet to reflect recent changes to information regarding your subaward. This document has the following revision(s):
 A new performance period end date due to Phase II Approval. The new end date for this project is September 5, 2025.
 A new approved project funding amount. $1,572,000.00 is now the approved funding amount for this project due to an additional obligation in the amount of $1,317,562.50.
 New funding for Subrecipient management costs. This project has been awarded an additional $78,611.82 for subrecipient management costs.

Please review the enclosed document to verify its accuracy. For further assistance, please contact the Recovery Financial Processing Unit at (916) 845-8110 or at [email protected].

Recovery Financial Processing Unit
Enclosures: Supplemental Grant Subaward Information Sheet c: Subrecipient’s Project File

GAVIN NEWSOM

GOVERNOR

NANCY WARD

DIRECTOR
Item #6.7.

California Governor's Office of Emergency Services

SUPPLEMENTAL GRANT SUBAWARD INFORMATION
The California Governor’s Office of Emergency Services (Cal OES), makes a Grant Subaward of funds set forth to the following:

1. Subrecipient: ___________________________________________ 1a. : ___________________

2. Implementing
Agency: _________________________________________ 2a. : ___________________

3. Implementing
Agency Address: ________________________________________________________________________ Street City State ZIP+4

4. Location of Project: ____________________________________________________________________ City County ZIP+4

5. Federal Award
Identification Number: ___________________ 6. Performance Period: ___________to____________

7. Indirect Cost Rate: N/A 10% de minimis Federally Approved ICR___________

8. Supplement Information
Supp
No. Federal Share Non-Federal Share Cost
Total Supplement
Cost
Fed / NonFed
Percentage
Totals:

Total Project Cost: _________________

9. Primary Authorized Agent:

Name: ______________________________________________ Title: _______________________________ Phone: ___________________________________ Email: ___________________________________ Mailing Address: _________________________________________________________________________ Street City State ZIP+4
Payment Mailing
Address: _________________________________________________________________________ Street City State ZIP+4
Item #6.7.

California Governor's Office of Emergency Services

SUPPLEMENTAL GRANT SUBAWARD INFORMATION
Cal OES Contact Information Section:

Governor’s Office of Emergency Services
, Director
3650 Schriever Avenue
Mather, CA 95655
Phone: (916) 845-8510
Federal Awarding Agency Section
Federal Program Fund /
CFDA # Federal Awarding Agency Total Federal Award Amount Hazard Mitigation Grant
Program / 97.039
U.S. Department of Homeland
Security, Federal Emergency
Management Agency
Project Description Section: __________________________________________________________________________________________ Research and Development Section:

Is this Subaward a Research and Development grant? Yes No Cal OES Use Only
Cal OES #
FIPS #
Subaward #
PCA
Federal Award
Dates
Item #6.7.

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OAK #4890-2776-3737v1 (Rev. 9/2021)
YG 08/06/24

AGREEMENT FOR CONSULTANT SERVICES
This Agreement for Consultant Services (the "Agreement") is made and entered into this _____________ day of _______________, 2025, by and between THE CITY OF CALISTOGA, a municipal corporation (hereinafter referred to as "CITY") and Consor North America, incorporated (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires engineering, environmental, and permitting services in connection with the Conn Creek Bridge Water Pipe Crossing Project, Phase II; and WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Work. CONSULTANT agrees to furnish the services set forth in Exhibit A, Scope of Work, which is attached hereto and incorporated herein (the "Services").

Optional tasks as identified on Exhibit A are excluded from this agreement's Scope of Work unless agreed via a separate amendment signed by both Parties.

1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders. Notwithstanding anything to the contrary in this Agreement, pursuant to 29 CFR 97.36, CONSULTANT is hereby notified of, and shall comply with the following requirements and regulations imposed by the Federal Emergency Management Agency (FEMA) when engaging in activities of CONSULTANT under this Agreement and as set forth in the FEMA Federal Provisions in Exhibit C, attached hereto and incorporated by reference herein.

1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.

1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which Item #6.7.

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OAK #4890-2776-373v1 (Rev. 9/2021)
CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services and CITY shall have no control over the method or means of performance of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.

1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION
Item #6.7.

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OAK #4890-2776-373v1 (Rev. 9/2021)

2.1. Compensation. Compensation for the Services shall be in accordance with Exhibit B, Compensation, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $150,997 ("Cost Ceiling").

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the fifteen day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment until the Services are complete and CITY has received all Documents.

CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the "Term"). CONSULTANT agrees to complete all services by December 31, 2027.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.

3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.

3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.

ARTICLE 4 - DESIGNATED CONTACTS
Item #6.7.

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OAK #4890-2776-373v1 (Rev. 9/2021)

4.1. CITY Contact. CITY designates Hamid Heidary, its Senior Civil Engineer, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY's representative, CITY will notify CONSULTANT of the change in writing.

4.2. CONSULTANT Contact. CONSULTANT designates Linda Scroggs as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to third-party claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims"), defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties.

In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for any CalPERS benefits arising from services provided to CITY under this Agreement, CONSULTANT shall indemnify, defend, and hold CITY harmless from any and all claims, losses, liabilities, damages, taxes, expenses and costs, including without limitation, attorneys’ fees and court costs incurred, including but not limited to, the payment of any employee and/or employer contributions for CalPERS service credit on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions which would otherwise be the responsibility of CITY.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Claims only to the extent such Claims arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

Item #6.7.

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OAK #4890-2776-373v1 (Rev. 9/2021)

5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.

5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.

D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.

E. Sexual Abuse or Molestation (“SAM”) Liability: If the work will include contact with minors, and the Commercial General Liability policy under Section 5.3(B) is not endorsed to include affirmative coverage for sexual abuse or molestation, Item #6.7.

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OAK #4890-2776-373v1 (Rev. 9/2021)
CONSULTANT shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

F. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

G. Waiver of Subrogation: CONSULTANT hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the CITY by virtue of the payment of any loss under such insurance.

CONSULTANT hereby agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. However, the Worker’s Compensation policy required by Section 5.3(D) of this Agreement shall be endorsed with a waiver of subrogation in favor of CITY for all work performed by CONSULTANT, its employees and/or agents.

Item #6.7.

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OAK #4890-2776-373v1 (Rev. 9/2021)
H. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: Laura Snideman, City Manager
1232 Washington Street
Calistoga, CA 94515
Email: [email protected]
Phone: 707-942-2806
If to CONSULTANT: Linda Scroggs, P.E., Principal Engineer 2868 Prospect Park Drive, Suite 250
Rancho Cordova, CA 95670
Phone: 916-245-9657
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the Item #6.7.

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OAK #4890-2776-373v1 (Rev. 9/2021)
CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered Item #6.7.

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OAK #4890-2776-373v1 (Rev. 9/2021)
hereunder. This Agreement may only be modified by an amendment in writing signed by each party.

7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in Napa County, California.

7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.

7.10. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

7.11. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

7.12. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts Item #6.7.

- 10 -
OAK #4890-2776-373v1 (Rev. 9/2021)
between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement. * * *
[Signatures on Next Page]
Item #6.7.

Item #6.7.

OAK #4823-2508-6159 v2

EXHIBIT A

SCOPE OF WORK
Item #6.7.

Scope of Work - Conn Creek Water Line 1 Consor

PROPOSED SCOPE OF WORK
Conn Creek Water Line Project – Phase 2
City of Calistoga
01/09/2025
Task 1 – Kick-Off Phase 2 and Review of 65% Documents: The CONSOR Team will review the 65% documents and perform a field visit to assess current conditions at the site.

CONSOR and KASL will review the plans and specifications to identify details that need to be incorporated for a complete set of contract documents.

A Phase 2 Kick-off Meeting will be scheduled to discuss with the CITY any updates to comments or requirements from FEMA since the 65% submittal in 2022.

Review includes the following:
• Civil - site features
• Mechanical – pipeline and appurtenances
• Structural – support of pipeline on bridge
• Environmental – requirements of agencies
• Geotechnical – soils and backfill
Task 1.1: Examine 65% Documents (includes Phase 1 reports and communications with client and regulatory agencies)
Task 1.2: Site Visit
Task 1.3: Kick-off Meeting
Task 1.4: Review Updates/Comments on 65% Submittal
Task 2 – Permits and Easements Coordination: PANORAMA will review the environmental permits received during Phase 1, check on expiration dates, and flag any items/requirements that need to be addressed for completion of the project. PANORAMA will prepare an Environmental Commitment Record.

CONSOR and KASL will coordinate with the CITY, County, and Caltrans for necessary permits and easements as identified during Phase 1.

Task 2.1: Environmental Commitment Record – track/record requirements for biological and cultural resources (Panorama)
Task 2.2: Caltrans Coordination – for supporting pipe on the bridge (City/Consor) Task 2.3: Encroachment Permits – Caltrans/County for pipeline along roadway (KASL) Task 2.4: Temporary Construction Easements – assist City with preparation of documents. City will coordinate with owner. (KASL/City)
Task 2.5: Environmental – Permit Revalidation (includes 404, 1600) (Panorama) (Optional) Item #6.7.

Scope of Work - Conn Creek Water Line 2 Consor
Task 3 – Design Documents: CONSOR and KASL will develop and submit 90% and 100% design plans, specifications, and estimates (PS&E). CONSOR will develop engineering Opinions of Probable Construction Cost (OPCC) estimates at each submittal stage. CONSOR will prepare technical specifications and complete the CITY’s standard front-end specifications (with FEMA requirements). The specifications and OPCCs will be submitted at each submittal. A meeting will be scheduled to discuss comments after the CITY has completed review of each submittal package.

CRAWFORD prepared the Geotechnical Report for Phase 1 and will review the 90% plans and specifications for conformance to recommendations provided in the report. Comments will be incorporated into the 100% documents.

PANORAMA will review the 90% plans and specifications for compliance with the permits received during Phase 1. Comments will be incorporated into the 100% documents.

When the CITY approves the 100% PS&E, a final set of Bid-Ready Contract Documents will be compiled.

Task 3.1: 90% Design Documents
Task 3.2: 90% Design Review Meeting
Task 3.3: Constructability Review
Task 3.4: 100% Design Documents
Task 3.5: 100% Design Review Meeting
Task 3.6: Final (Bid Ready) Contract Documents QA/QC
Task 3.7: Quality Review
Task 3.8: Prepare Traffic Control Plan
Task 4 – Bid Support: The CONSOR Team will provide support services during bidding, including answering RFIs and assisting with addenda. CONSOR will prepare conformed documents incorporating any revisions made through addenda during bidding.

Task 4.1: Pre-Bid Conference
Task 4.2: RFIs (4), Addenda (1)
Task 4.3: Conformed Documents
Task 5 – Construction Support (Optional): CONSOR, PANORAMA, and KASL will provide support services during construction. PANORAMA will conduct and oversee the required environmental surveys and monitoring. The design engineers from CONSOR AND KASL will review submittals and respond to RFIs and design clarifications.

Task 5.1: Agency Coordination/Construction Support (Panorama) Task 5.2: Construction Management Meetings (Panorama)
Task 5.3: Preconstruction Environmental Surveys and Environmental Monitoring and Reporting (Panorama)
Task 5.4: RFIs (5), Design Clarifications (2), Submittal Review (8) (Consor and KASL) Item #6.7.

Scope of Work - Conn Creek Water Line 3 Consor
Task 6: Full-Time Site Inspection (Optional): It is assumed that one (1) inspector can perform the work for both traffic control and pipeline installation (on the bridge and underground).

Task 6.1: Project Kick-off and Mobilization
Task 6.2: Buried Pipe - assume 100 ft. per day due to shoulder work and traffic control limitations
Task 6.3: Bridge Crossing – includes pipe install, pipe support inspections, coating touchup Task 6.4: Pipeline Testing and Disinfection - two shifts to cover blind installation/hydro boundary review, line filling, and pressure test
Task 6.5: Creek Restoration – includes oversight of demolition of concrete cap and removal of pipeline in the stream bed, placement of backfill and streambed materials, and restoration of disturbed irrigation and landscaping at temporary access road.

Task 6.6: Project Closeout and Demobilization - includes final punchlist closeout and project restoration after demobilization.

Task 7 – Construction Management/Construction Administration (Optional): CONSOR will provide Construction Management during construction. Services begin with a Pre-Construction Meeting and end with Project Closeout and submittal of Record Drawings. Construction Management and Administration services that can be provided are listed below:

Task 7.1: Pre-Construction Meeting
 includes full specification review, agenda writeup, leading the meeting, generating and distributing meeting minutes.

Task 7.2: Project Coordination
 Conduct weekly progress meeting and prepare and distribute agenda and meeting minutes.
 Produce Weekly Statement of Working (or Calendar) Days  Maintain communications and coordinate with the Client, its Contractor, and its Designer.

Task 7.3: Process Contractor’s Requests for Payment
 Review, comment on, and approve Contractor’s Requests for Payments.

Task 7.4: Change Management
 Maintain Log of Potential Change Orders / Change Orders.  Coordinate, review, and evaluate potential change orders and cost estimates/quotations
 Resolve and/or facilitate resolution of conflicts with plans and existing field conditions, and conflicts with contract documents, if any.  If a contract change order is required, produce contract change order, independent cost estimate, time impact analysis (if applicable) for the Client approval.
o Review, comment on, and approve contractor’s Time Impact Analyses (TIA) for change orders.
o Review, gather, and evaluate information for resolution of potential claims or disputes.

Task 7.5: Schedule Management Review
 Evaluate contractor’s schedule for actual versus planned progress, and document all scheduling discrepancies and deviations.

Item #6.7.

Scope of Work - Conn Creek Water Line 4 Consor
 Review and comment on contractor’s monthly schedule submittal.  Subsequent coordination and communication with City and Contractor on review findings.

Task 7.6: Labor Compliance
 Perform spot review of labor compliance submittals from contractor.  Conduct in field interviews confirming labor compliance.

Task 7.7: RFI and Submittal Coordination
 Log all RFIs and associated responses.
 Create and maintain submittal log.
 Facilitate submittal reviews by forwarding/coordinating with Design Engineer for resolution, and response.

Task 7.8: Project Closeout
 Site inspection(s) to determine if facilities are complete and in compliance with contract documents.
 PM/CM walk for final inspection.
 Develop corrective item work lists (punch lists) and inspection of corrective actions performed.
 Coordinate with the Design Team for preparation of punch list.  Recommend retention release and final payment.
 Review Contractor’s as-built drawings for accuracy and completeness.  Organize and verify completeness of project records.
 Prepare and submit final construction report.

Task 7.9: Record Drawings
Task 7.10 Construction Staking
Task 8 – Testing During Construction (Optional): CRAWFORD has the capacity to provide testing and sampling during construction. They have a facility located in Santa Rosa for lab testing, as needed. The following are tasks that can be provided:

Task 8.1: Compaction Testing – Trench Backfill
Task 8.2: Compaction Testing – Aggregate Base
Task 8.3: Compaction Testing – Hot Mix Asphalt
Task 8.4: Compaction Testing – Stream Bed
Task 8.5: Welding Inspection – Shop Fabrication of Pipe Supports Task 8.6: H.S. Bolting Inspection – Pipe Support Installation Assumptions:
• There were no further comments on the 65% submittal that will need to be addressed from either the City or FEMA.
• No infrastructure has been changed along the pipeline route that might be in conflict with the proposed pipeline alignment.
• The bridge structure was completed per the bid documents and the structure, as constructed, will not require adjustments to the pipeline alignment design, as shown on the 65% PS&E. • The inserts placed on the bridge have been installed per Caltrans documents reviewed during Phase 1 - 65% design.

Item #6.7.

Scope of Work - Conn Creek Water Line 5 Consor
• The City will continue to coordinate and communicate with Caltrans for all questions and approval of design for supporting the pipeline on the bridge (Consor will not contact Caltrans directly per request from agency during 65% design).
• There have been no changes to environmental requirements since the acquisition of the permits in Phase 1 work.
• Review meetings will be held virtually on Teams or similar platform. • Consor staff will not coordinate with agencies for permits or easements, but will provide support to the subconsultant and/or City.
• Consultant project management time is included within the Tasks. This includes coordination with staff and subconsultants and preparation/review/processing of monthly invoices. • Schedule – Estimated time to complete the project after notice to proceed, is 24 months.

Item #6.7.

OAK #4823-2508-6159 v2

EXHIBIT B
Compensation
CITY shall pay CONSULTANT for the Services on a cost reimbursement basis, up to the Cost Ceiling (as defined in Section 2.1 of the Agreement). CONSULTANT agrees to use appropriate methods to contain its fees and costs under this Agreement. Compensation shall include only the following costs, which shall all count toward the Cost Ceiling:

1. Direct Labor
Direct labor costs shall be the total number of hours worked on the job by each employee times the agreed hourly rate for such employee's labor as set forth on the attached Exhibit B-1. CITY will pay all personnel at their regular straight-time rate, including any work performed on overtime or on holidays or weekends.

2. Subconsultant Costs
Subconsultant services shall be billed at cost plus a 10 percent markup. CONSULTANT shall provide a copy of each subconsultant's invoice for which it seeks payment from CITY with any invoice in which such payment is requested.

3. Other Direct Costs
The following categories of costs are eligible for reimbursement, which shall be made at the actual cost to CONSULTANT without any additional mark-up:
a. Reasonable living and traveling expenses of employees when away from home office on business in its prosecution of the Services. CONSULTANT must have prior approval of CITY to be reimbursed for these expenses.
b. Automobile expenses for personal vehicle use, if necessary, at the IRS approved mileage rate.
c. Reproduction of drawings and specifications by CONSULTANT as required under this Agreement, at rates prevailing in this community for bulk reproduction or at other reasonable rates approved by CITY.
d. Special overnight delivery or messenger services.

Payments to CONSULTANT for reimbursable costs/expenses will be made only after the specific costs/expenses have been incurred and CONSULTANT has submitted substantiating documentation, such as copies of paid invoices or other documentation confirming that such costs/expenses have been incurred.

Item #6.7.

OAK #4823-2508-6159 v2
EXHIBIT B-1
Item #6.7.

WATER RELIABILITY TRANSMISSION/DISTRIBUTION IMPROVEMENT - CONN CREEK WATER LINE PJ0402 City of Calistoga

PROPOSED FEE ESTIMATE

LABOR CLASSIFICATION (HOURS)
Principal Engineer I
Principal Engineer
II
Principal Engineer
III
Construction
Manager VI
Professional
Engineer IX
Engineering
Designer VII
Engineering
Designer III
Engineering
Designer VI
Project
Coordinator IV
Cost Estimator
III Technician I
Principal Engineer
VI Inspector IV Hours Labor Panorama CAInc KASL
Subconsultant
Multiplier
% Markup
Subconsultant Total with
Markup Expenses Total
$280 $295 $313 $259 $270 $236 $201 $225 $194 $316 $140 $373 $185$287 $302 $321 $265 $277 $242 $206 $231 $199 $324 $144 $382 $190 RenoMar YoungGre ScroggsLin ClouserNic PohllMar AriasDav McNultyKat BallRya RitzEri GriesingerRob GoddardJos HickeyMat DuvallMar Task 1 - Kick-Off Phase 2 and Review 65% Documents
Task 1.1 - Examine 65% Documents 6 4 4 14 $ 3,717 $ 978 1.1 $ 1,076 $ - $ 4,792Task 1.2 - Site Visit 6 6 1,925$ 1.1 -$ 70$ 1,995$ Task 1.3 - Kick-off Meeting 2 2 1 5 $ 1,356 $ - - $ 386 1.1 $ 425 $ - $ 1,781Task 1.4 - Review Updates/Comments on 65% Submittal 4 8 12 $ 3,219 1.1 $ - $ - $ 3,219 Task 1 Subtotal 0 0 18 0 0 14 4 1 0 0 0 0 0 37 $ 10,216 $ - $ - $ 1,364 $ 1,500 $ 70 $ 11,786 Task 2 - Permits and Easements Coordination Task 2.1 - Environmental Commitment Record 1 2 3 $ 805 $ 3,000 1.1 $ 3,300 $ - $ 4,105Task 2.2 - Caltrans Coordination 1 2 1 2 6 $ 1,689 1.1 $ - $ - $ 1,689Task 2.3 - Encroachment Permits 2 2 4 $ 1,125 $ 7,712 1.1 $ 8,483 $ - $ 9,609Task 2.4 - Temporary Construction Easements 2 2 4 $ 1,125 1.1 $ - $ - $ 1,125Task 2.5 - Permit Revalidation (404, 1600) (Optional) 0 $ - $ 10,000 1.1 $ 11,000 $ - $ 11,000 Task 2 Subtotal 1 0 7 0 1 8 0 0 0 0 0 0 0 17 $ 4,745 $ 13,000 $ - $ 7,712 $ 22,783 $ - $ 27,528 Task 3 - Design Documents Task 3.1 - 90% Design Documents 8 2 40 30 2 4 4 30 120 $ 25,834 $ 2,300 $ 14,045 1.1 $ 17,980 $ - $ 43,814Task 3.2 - 90% Review Meeting 2 2 4 1,125$ 1.1 -$ -$ 1,125$ Task 3.3 - Constructability Review 2 40 42 $ 11,261 1.1 $ - $ - $ 11,261Task 3.4 - 100% Design Documents 8 24 24 2 4 2 16 80 $ 17,517 $ 2,000 $ 5,584 1.1 $ 8,342 $ - $ 25,860Task 3.5 - 100% Review Meeting 2 2 4 $ 1,125 1.1 $ - $ - $ 1,125Task 3.6 - Final (Bid Ready) Contract Documents 6 4 4 4 16 34 $ 6,808 1.1 $ - $ - $ 6,808Task 3.7 - Quality Review 2 2 8 2 8 22 $ 7,265 1.1 $ - $ - $ 7,265Task 3.8 - Prepare Traffic Control Plans 2 2 $ 642 $ 4,312 1.1 $ 4,743 $ - $ 5,385 Task 3 Subtotal 2 2 38 40 2 72 58 6 12 6 62 8 0 308 $ 71,578 $ 2,000 $ 2,300 $ 23,941 $ 31,065 $ - $ 102,643 Task 4 - Bid Support Task 4.1 - Pre-Bid Conference 1 1 2 4 $ 960 1.1 $ - $ - $ 960Task 4.2 - RFIs, Addenda 2 4 2 1 9 $ 2,389 $ 1,460 1.1 $ 1,606 $ - $ 3,995Task 4.3 - Conformed Documents 1 4 8 8 21 $ 4,085 1.1 $ - $ - $ 4,085 Task 4 Subtotal 0 0 4 0 0 9 8 0 4 0 8 1 0 34 $ 7,434 $ - $ 1,460 $ - $ 1,606 $ - $ 9,040 Tasks 1-4 Total 3 2 67 40 3 103 70 7 16 6 70 9 0 396 $93,973 $15,000 $3,760 $33,017 $56,955 $70 $150,997 Task 5 - Construction Support (Optional)
Task 5.1 - Agency Coordination/Construction Support 0 $ - $ 8,000 1.1 $ 8,800 $ - $ 8,800Task 5.2 - Construction Management Meetings 0 $ - $ 7,000 1.1 $ 7,700 $ - $ 7,700Task 5.3 - PreCon Environmental Surveys, Monitoring and Reporting 0 $ - $ 23,800 1.1 $ 26,180 $ - $ 26,180Task 5.4 - RFIs, Design Clarifications, Submittal Review 8 2 40 16 8 8 2 84 $ 19,850 $ 5,392 1.1 $ 5,931 $ - $ 25,781 Task 5 Subtotal 0 0 8 0 2 40 16 8 0 0 8 2 0 84 $ 19,850 $ 38,800 $ - $ 5,392 $ 48,611 $ - $ 68,461 Task 6 - Full-Time Site Inspection (Optional) Task 6.1 - Project Kick-off and Mobilization 1 1 40 42 $ 8,148 1.1 $ - $ - $ 8,148Task 6.2 - Buried Pipe 200 200 $ 37,925 1.1 $ - $ - $ 37,925Task 6.3 - Bridge Crossing 1 2 40 43 $ 8,390 1.1 $ - $ - $ 8,390Task 6.4 - Pipeline Testing and Disinfection 1 1 16 18 $ 3,597 1.1 $ - $ - $ 3,597Task 6.5 - Creek Restoration 1 2 40 43 $ 8,390 1.1 $ - $ - $ 8,390Task 6.6 - Project Closeout and Demobilization 40 40 $ 7,585 1.1 $ - $ - $ 7,585 Task 6 Subtotal 0 0 4 0 0 6 0 0 0 0 0 0 376 386 $ 74,034 $ - $ - $ - $ - $ - $ 74,034 Task 7 - Construction Management/Administration (Optional) Task 7.1 - Pre-Construction Meeting 16 2 18 $ 4,731 1.1 $ - $ - $ 4,731Task 7.2 - Project Coordination 48 48 $ 12,743 1.1 $ - $ - $ 12,743Task 7.3 - Process Contractor's Requests for Payment 12 12 $ 3,186 1.1 $ - $ - $ 3,186Task 7.4 - Change Management 52 52 $ 13,805 1.1 $ - $ - $ 13,805Task 7.5 - Schedule Management Review 8 8 $ 2,124 1.1 $ - $ - $ 2,124Task 7.6 - Labor Compliance 8 8 $ 2,124 1.1 $ - $ - $ 2,124Task 7.7 - RFI and Submittal Coordination 8 30 8 46 $ 12,466 1.1 $ - $ - $ 12,466Task 7.8 - Project Closeout 20 20 $ 5,310 $ 3,258 1.1 $ 3,584 $ - $ 8,893Task 7.9 - Record Drawings 2 8 10 $ 1,632 1.1 $ - $ - $ 1,632 Task 7.10 - Construction Staking 0 $ - $ 9,830 1.1 $ 10,813 $ - $ 10,813 Task 7 Subtotal 0 0 8 194 0 12 0 0 0 0 8 0 0 222 $ 58,120 $ - $ - $ 13,088 $ 14,397 $ - $ 72,516 Task 8 - Testing During Construction (Optional) Task 8.1 - Compaction Testing - Trench Backfill (4-hr visits) 0 $ - $ 34,001 1.1 $ 37,401 $ - $ 37,401Task 8.2 - Compaction Testing - Aggregate Base (4-hr visits) 0 $ - $ 4,850 1.1 $ 5,335 $ - $ 5,335Task 8.3 - Compaction Testing - Hot Mix Asphalt (8-hr visits) 0 $ - $ 8,350 1.1 $ 9,185 $ - $ 9,185Task 8.4 - Compaction Testing - Stream Bed (8-hr visits) 0 $ - $ 3,340 1.1 $ 3,674 $ - $ 3,674Task 8.5 - Welding Inspection - Shop Fabrication Pipe Supports 0 $ - $ 3,200 1.1 $ 3,520 $ - $ 3,520Task 8.6 - H.S. Bolting Inspection - Pipe Support Installation 0 $ - $ 5,300 1.1 $ 5,830 $ - $ 5,830 Task 8 Subtotal 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ - $ - $ 59,041 $ - $ 64,945 $ - $ 64,945 Tasks 5-8 Total 0 0 20 194 2 58 16 8 0 0 16 2 376 692 $ 152,003 $ 38,800 $ 59,041 $ 18,480 $ 127,953 $ - $ 279,956 Average Billing Rate Estimated per Classification/Staff Staff Name Subconsultants
City of CalistogaJanuary 2025
Consor Conn Creek Pipeline Phase 2
Item #6.7.

OAK #4823-2508-6159 v2

EXHIBIT C
Item #6.7.

EXHIBIT :B

FEMA FEDERAL PROVISIONS
I. DEFINITIONS
A Government means the United States of America and any executive department or agency thereof.

B. FEMA means the Federal Emergency Management Agency.

C. Third Party Subcontract means a subcontract at any tier entered into by Contractor or subcontractor, financed in whole or in part with Federal assistance originally derived from the Federal Emergency Management Agency.

II. FEDERAL CHANGES
A Contractor shall at all times comply with all applicable regulations, policies, procedures, and FEMA Directives as they may be amended or promulgated from time to time during the term of this Agreement, including but not limited to those requirements of 2 CFR 200.317 through 200.326 and more fully set forth in Appendix II to Part 200-Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which is included herein by reference.

Contractor's failure to so comply shall constitute a material breach of this contract.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

III. ACCESS TO RECORDS
A The Contractor agrees to provide the City, FEMA, the Comptroller General of the United States or any their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions.

B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

C. The Contractor agrees to maintain all books, records, accounts, and reports required under this Agreement for a period of not less than three years after the later of: (a) the date of termination or expiration of this Agreement or (b) the date Gty makes final payment under this Agreement, except in the event of litigation or settlement of claims arising from the performance of this Agreement, in which case, Contractor agrees to maintain same until the Gty, 6 C
Item #6.7.

FEMA, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto.

D. The requirements set for in paragraphs A, B, and C above are all in addition to, and should not be considered to be in lieu of, those requirements set forth in Section 21 of the Agreement.

IV. DEBARMENT AND SUSPENSION
A This contract is a covered transaction for purposes of 2 C.F.R. pt 180 and 2 C.F.R. pt. 3000 . .A5 such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

B. Contractor represents and warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension" or on the USEP A's List of Violating Facilities. Contractor agrees that neither Contractor nor any of its third party subcontractors shall enter into any third party subcontracts for any of the work under this Agreement with a third party subcontractor who is debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs under executive Order 12549 or on the USEP A's List of Violating Facilities. Gov. Code§ 4477.

C. The contractor must comply with 2 CF .R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. Contractor agrees to the provisions of Attachment 1, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions, attached hereto and incorporated herein. For purposes of this Agreement and Attachment 1, Contractor is the "prospective lower tier participant."
D. The Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the paragraphs shall not be modified, except to identify the subcontractor who will be subject to its provisions.

E. This certification is a material representation of fact relied upon by Oty. Hit is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of California, the Oty, and the Federal Government may pursue available remedies, including but not limited to suspension and/ or debarment.

F. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder 7 Item #6.7.

or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions."
V. NO FEDERAL GOVERNMENT OBLIGATIONS TO CONTRACTOR
A The City and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Government, the Government is not a party to this contract and shall not be subject to any obligations or liabilities to the City, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying conb:'act.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

VI. EQUAL EMPLOYMENT OPPORTIJNITY COMPLIANCE (applicable to all construction contracts awarded meeting the definition of "federally assisted construction contract'' under 41 CFR61-l.3)
Contractor agrees to comply with Executive Order 11246 of September 24, 1%5, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1%7, and as supplemented in Department of Labor regulations (41 CFR Part 60). 41 CFR 60.14 is hereby incorporated by reference.

A Contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave.

B. Contractors, and subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code,§ 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

D. Contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
8 Item #6.7.

VII. ANTI-KICKBACK ACT COMPLIANCE (applicable to all contracts and subgrants for construction or repair; 44 CFR §13.36(i)(4))
Contractor agrees to comply with the Copeland" Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3).

VIII. DA VIS-BACON ACT COMPLIANCE (applicable to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required by Federal grant program legislation;)
To the extent required by any Federal grant programs applicable to expected funding or reimbursement of Gty' s expenses incurred in connection with the services provided under this Agreement, Contractor agrees to comply with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5) as set forth below. These requirements are in addition to the requirements set forth in Section 19(b) of the Agreement.

A. The Contractor shall be bound to the provisions of the Davis-Bacon Act, and agrees to be bound by all the provisions of Labor Code section 1771 regarding prevailing wages. All labor on this project shall be paid neither less than the greater of the minimum wage rates established by the US. Secretary of Labor (Federal Wage Rates), or by the State of California Director of Department of Industrial Relations (State Wage Rates). Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp.

B. The general prevailing wage rates may be accessed at the Department of Labor Home Page atwww.wdol.gov. Under the Davis Bacon heading, click on "Selecting DBA WDs." In the drop down menu for State, select, "California." In the drop down menu for County, select "Napa." In the drop down menu for Construction Type, make the appropriate selection. Then, click Search. (1)
IX. CONTRACT WORK HOURS AND SAFETY STANDARDS (applicable to all contracts in excess of $100,000 that involve the employment of mechanics or laborers, but not to plll'Chases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence) A. Compliance: Contractor agrees that it shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5), which are incorporated herein.

B. Overtime: No contractor or subcontractor contracting for any part of the work under this Agreement which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 9 Item #6.7.

C. Violation; liability for unpaid wages; liquidated damages: In the event of any violation of the provisions of Paragraph B, the Contractor and any subcontractor responsible therefore shall be liable to any affected employee for his unpaid wages. In additions, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic employed in violation of the provisions of paragraph B in the sum of $10 for each calendar day on which such employee was required or pennitted to be employed on such work in excess of eight hours or in excess of his standard workweek of forty hours without payment of the overtime wages required by paragraph B.

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

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

X. NOTICE OF REPORTING REQUIREMENTS
A. Contractor acknowledges that it has read and understands the reporting requirements of FEMA in Part III of Chapter 11 of the United States Department of Justice's Office of Justice Programs Financial Guide, and agrees to comply with any such applicable requirements.

B. The Contractor agrees to include the above clause in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XL NOTICE OF REQUIREMENTS PERTAINING TO COPYRIGHTS
A. Contractor agrees that FEMA shall have a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
10 Item #6.7.

1) The copyright in any work developed with the assistance of funds provided under this Agreement;
2) Any rights of copyright to which Contractor purchases ownership with the assistance of funds provided under this Agreement.

B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XII. PA TENT RIGHTS (applicable to contracts for experimental, research, or development projects financed by FEMA; 44 CFR §13.36(iX8))
A. General. ff any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under this Agreement, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the City and Contractor agree to take actions necessary to provide immediate notice and a detailed report to FEMA.

B. Unless the Government later makes a contrary determination in writing, irrespective of Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the City and Contractor agree to take the necessary actions to provide, through FEMA, those rights in that invention due the Federal Government as described in US. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Finns Under Government Grants, Contracts and Cooperative Agreements," 37 CFR, Part 401.

C. The Contractor agrees to include paragraphs A and B above in each third party subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FEMA XIII. ENERGY CONSERVATION REQUIREMENTS
A. The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( 42 USC 6201).

B. The Contractor agrees to include paragraph A above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 11 Item #6.7.

XIV. CLEAN AIR AND WATER REQUIREMENTS (applicable to all contracts and subcontracts in excess $100,000, including indefinite quantities where the amount is expected to exceed $100,000 in any year)
A. Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Gean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA).

B. Contractor agrees to report each violation of these requirements to the City and understands and agrees that the Gty will, in turn, report each violation as required to assure notification to FEMA and the appropriate EPA regional office.

C. The Contractor agrees to include paragraph A and B above in each third party subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA.

XV. TERMINATION FOR CONVENIENCE OF CITY (applicable to all contracts in excess of $10,000)
See Paragraphs 10 and 11 of the Agreement.

XVI. TERMINATION FOR DEFAULT (applicable to all contracts in excess of$10,000) Contractor's failure to perform or observe any term, covenant or condition of this Agreement shall constitute an event of default under this Agreement. See Paragraphs 9 and 11 of the Agreement.

XVD. CHANGES.

XVIII.

See Paragraph 17 of the Agreement.

LOBBYING (Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended).) A. Contractor shall not use or pay any funds received under this Agreement to infl~ence or attempt to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

B. Contractor agrees to the provisions of Attachment 2, Certification Regarding Lobbying, attached hereto and incorporated herein (applicable for contracts or subcontracts in excess of $100,000).
12 Item #6.7.

C. Contractor agrees to include paragraphs A and B above in each third party subcontract financed in whole or in part with Federal assistance provided by FEMA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

XIX. :MBE / WBE REQUIREMENTS
The City intends to seek reimbursement of its costs incurred in connection with this project from FEMA. Accordingly, the CONfRACTOR shall make every effort to procure Minority and Women's Business Enterprises ("DBEs") through the "Good Faith Effort" process as required in 2 CFR 200.321. Failure to perform the "Good Faith Effort" process and submit the forms listed below with the bid shall be cause for a bid to be rejected as non-responsive and/ or be considered as a material breach of the contract.

PRTh1E CONTRACTOR RF.SPONSIBil.lTIF5
All recipients of this grant funding, as well as their prime contractors and subcontractors, must take all affirmative steps to assure that minority firms, women's business enterprises, and labor surplus area firms are used when possible make every effort to solicit bids from eligible DBEs. This information must be documented and reported.
(2)
"GOOD FAITH" EFFORT PROCESS
Any public or private entity receiving federal funds must demonstrate that efforts were made to attract MBE/WBEs. The process to attract MBE/WBEs is referred to as the "Good Faith" effort 1bis effort requires the recipient, prime contractor and any subcontractors to take the steps listed below to assure that MBE/WBEs are used whenever possible as sources of supplies, construction, equipment, or services. If a CONfRACTOR fails to take the steps outlined below shall cause the bid to be rejected as non-responsive and/ or be deemed a material breach of the contract.

A. Place qualified small and minority businesses and women's business enterprises on solicitation lists;
B. Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
C. Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
D. Establish delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and
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E. Use the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce.

F. If subcontracts are to be let, Contractor shall take the affinnative steps listed in 2 CFR 200.321.
(3)
PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322)
Contractor shall comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

INCORPORATION OF UNIFORM ADMINISTRATIVE REQUIREMENTS
The preceding provisions include, in part, certain standard tenns and conditions required by FEMA, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by FEMA are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FEMA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City requests that would cause City to be in violation of the FEMA terms and conditions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS.

The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Oairns and Statements) applies to the contractor's actions pertaining to this contract.

OHS SEAL, LOGO, AND FLAGS.

The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. 14 Item #6.7.

Attachment Al

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION -LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debannent, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

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

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

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circwnstances.

4. The tenns covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and 9 BENNETT ENGINEERING SERVICES I CITY OF CALISTOCA Page 67 Item #6.7.

Item #6.7.

Item #6.7.

Attachment Al

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNf ARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instrnction for Certification

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

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

3. Toe prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. Toe terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. Toe prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and 9 Item #6.7.

Item #6.7.

Item #6.7.

Attachment Al

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It ~so certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 1 7.

Instruction for Certification

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

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

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and 9 BENNETT ENGINEERING SERVICES I CITY OF CALISTOCA Page 67 Item #6.7.

Item #6.7.

Item #6.7.

Attachment Al

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

VOLUNTARY EXCLUSION - LOWER TIER COVERED TRANSACTIONS
(Lower Tier refers to the agency or contractor receiving Federal funds, as well as any subcontractors that the agency or contractor enters into contract with using those funds) As required by Executive Order 12549, Debarment and Suspension, as defined at 44 CFR Part 17, City may not enter into contract with any entity that is debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal Government from participating in transactions involving Federal funds. Contractor is required to sign the certification below which specifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by the Federal agency. It also certifies that Contractor will not use, directly or indirectly, any of these funds to employ, award contracts to, engage the services of, or fund any contractor that is debarred, suspended, or ineligible under 44 CFR Part 17.

Instruction for Certification

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

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

3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definition and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and 9 Item #6.7.

Item #6.7.

Item #6.7.

Item #6.7.

Item #6.7.

Item #6.7.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Mitch Celaya, Assistant City Manager
Meeting: City Council - Mar 18 2025
Subject: Contracted Police Dispatch Services
DESCRIPTION:

Providing contracted police dispatch services for St. Helena Police Department RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

In May 2023, the St. Helena Police Department (SHPD) relocated from 1480 Main Street to 1088 College Avenue, St. Helena CA 94574. The SHPD dispatch center was unable to relocate to the new police department location at that time. The Calistoga Police Department (CPD) provided its dispatch center as a temporary location for the SHPD dispatch services until a permanent solution for SHPD dispatch could be identified. In addition, CPD provided staffing assistance by providing dispatchers to cover SHPD staffing shortage and vacancies.

In June 2024, when SHPD attempted to move their dispatch center back to their department, they learned that the State Office of Emergency Services (OES) canceled their Public Safety Answering Point (PSAP) certification. SHPD was unable to obtain their PSAP certification status and needed to continue to operate their dispatch services from CPD. CPD was approved to enter into a Temporary Dispatch Services Agreement to continue to provide a temporary dispatch services location and staffing. The term of the agreement began on July 1, 2024 through July 1, 2025 or until SHPD could find another dispatch services provider.

SHPD attempted to contract dispatch services with the Napa Police Department but was unable to secure a contract. In February, SHPD requested a three-year dispatch services contract with CPD.

CPD revised a prior proposed contract drafted in 2024 and resubmitted it to the City of St. Helena.

The City of St. Helena City Manager responded by providing a letter of intent to submit the proposed contract to their City Council for approval at their March 11th city council meeting but no later than their March 25th city council meeting (see attached letter).

CPD is capable of providing police dispatch services needed by St. Helena that would include but are not limited to dispatch facilities, equipment, and staffing under the terms and conditions set forth in the attached contract (see attached).

ANALYSIS:

Item #6.8.

The contracted services would require an additional two dispatcher Full-Time Employees (FTEs) bringing the total Dispatcher FTE authorized staffing to six in order to provide consistent and sustainable dispatch services for both Calistoga and St. Helena. The contract requires St. Helena to pay for 50% of the dispatcher staffing costs (three dispatcher FTEs), 30% of the Communication Manager position cost, 50% of any dispatch coverage cost, 50% of dispatch operations and equipment costs, and a 16% administrative fee.

Other terms of the contract consist of:
- A three-year contract term, effective April 1, 2025 through June 30, 2028. - Contract may be terminated upon 180 days written notice by either party for any reason. - Contract may be renewed for two (2) successive two (2) year periods. - Hiring existing St. Helena dispatchers as Calistoga dispatchers after meeting California Peace Officer Standards and Training (POST) hiring requirements. St. Helena dispatchers will be considered new Calistoga employees and seniority between the St. Helena dispatchers will be based on their St. Helena hire date.
- Allowing St. Helena dispatchers to carry over their vacation and compensation time accruals for up to one year at St. Helena's expense. St. Helena will be responsible for any resulting coverage costs.

At the end of the year, St. Helena will pay out the balance of any remaining St. Helena accruals. - Allowing St. Helena dispatchers to carry over their sick leave accruals for up to one year at St.

Helena's expense. St. Helena will be responsible for any resulting coverage costs. At the end of the year, St. Helena will calculate the cost of the St. Helena sick leave accruals and place that amount into an identified retirement savings account for the St. Helena dispatchers. - Conduct annual end of the fiscal year "True-Up" to address any under or over-estimated costs of overtime, coverage cost, or operational costs. Any over-estimation of costs will be credited to the following year and any under-estimated cost will be invoiced to St. Helena. - Contract payments to be made quarterly.

Staff asserts that the additional two dispatcher FTEs will assist in reducing overtime as well as provide additional staffing resources when needed during critical incidents and emergencies.

Please see the attached proposed contract for further details to the terms and conditions of the proposed dispatch services contract.

FINANCIAL IMPACT:

The contract calls for an addition of two full-time dispatcher positions, for a total of six (6) FTEs. The current total annual cost of a dispatcher position is $163,636 for a total annual additional budget cost of $327,272 and a total annual Calistoga budget cost for all 6 FTEs of $981,816.

SHPD would fund three (3) dispatcher FTEs of the six positions, reducing Calistoga's annual staff costs (excluding part-time help and overtime costs) to $490,908. In addition, the contract provides for a variety of shared operational costs. More specifically this includes SHPD providing 30% of the Item #6.8.

Communication Manager's position cost (approximately $59,382.00), sharing in operational costs (approximately $27,575.00 related to equipment and software), and providing a 16% administrative fee to Calistoga (approximately $88,047.00). The total end-of-year "True-Up" may affect the operational and coverage estimates.

CEQA STATUS:

Not Applicable
ATTACHMENT(S):

Draft Resolution - Proposed Police Dispatch Services Contract For St. Helena City Manager Letter of Commitment for Dispatch Services Contract CPD SHPD Dispatch Services Contract 022125
Authorized Position List for FY 2024-25 - Amended for SHPD Dispatch APPROVAL(S):

Mitch Celaya, Assistant City Manager Approved - Mar 06 2025 Connie Cardenas, Admin. Services Director Approved - Mar 07 2025 Laura Snideman, City of Calistoga | City Manager Approved - Mar 12 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 12 2025 Item #6.8.

RESOLUTION NO. 2025-XXX

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALISTOGA, COUNTY OF

NAPA, STATE OF CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A POLICE DISPATCH SERVICES AGREEMENT WITH THE CITY OF ST.

HELENA
WHEREAS, the St. Helena Police Department does not have a state certified Public Safety Answering Point (PSAP) Dispatch Center to deliver police dispatch services for their city; and
WHEREAS, the St. Helena Police Department is in need of Police Dispatch services for their city; and
WHEREAS, the Calistoga Police Department operates a state certified Public Safety Answering Point (PSAP) police dispatch center; and WHEREAS, the Calistoga Police Department already provides temporary dispatch services to St. Helena; and
WHEREAS, St. Helena desires to enter into a three-year contract with the Calistoga Police Department for police dispatch services for their city; and WHEREAS, the Calistoga Police Department is capable of rendering such services, equipment, and facilities under the terms and conditions set forth in the proposed Dispatch Services contract; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Calistoga hereby authorizes the City Manager to enter into a Police Dispatch Services contract between the Calistoga Police Department and the St. Helena Police Department; and
BE IT FURTHER RESOLVED that the authorized personnel and staffing position list is hereby updated to add two dispatcher positions for a total of six positions.

PASSED, APPROVED AND ADOPTED this 18th day of March 2025. I,

YUDIANA GALVAN, CITY CLERK OF THE CITY OF CALISTOGA, HEREBY CERTIFY the foregoing resolution was introduced and passed at a regular meeting of the Calistoga City Council by the following roll call vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Item #6.8.

ATTEST: APPROVED:
____________________________ __________________________ Yudiana Galvan, City Clerk Donald Williams, Mayor
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Item #6.8.

City of Calistoga Fiscal Year 23-24 Budget
Actuals Actuals Actuals Actuals Actuals Budgeted Proposed Proposed Proposed Position FY 17-18 FY 18-19 FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 23-24 FY 24-25 FY 25-26 Accountant 0.00 0.00 0.00 0.00 0.00 1.00 1.00 0.00 0.00 Accounting Assistant 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 0.00 Administrative Analyst 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Assistant 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Secretary 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services Technician 2.00 2.00 2.00 2.00 2.00 4.00 4.00 4.00 4.00 Aquatics/Recreation Manager 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Assistant/Associate Planner 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 1.00 Assistant/Associate Engineer 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 Assistant City Manager 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 Building Official 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 1.00 Chief of Police 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Chief Water Plant Operator 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 City Clerk 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 City Manager 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Code Enforcement Officer 0.00 1.00 0.00 0.00 0.00 0.50 0.00 0.00 0.00 Community Services Officer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Deputy City Manager 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Deputy Finance Director 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 Deputy Public Works Director 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Director of Admnistrative Services 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Director of Planning and Building 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Director of Public Works 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Dispatcher 3.00 3.00 3.00 4.00 4.00 4.00 4.00 4.00 6.00 Dispatcher Supervisor 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 0.00 Dispatcher Manager 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 Executive Secretary to the City Manager 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Executive Assistant to the City Manager 1.00 1.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 Fairgrounds Revitalization Director 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Fire Chief 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Fire Captain 0.00 0.00 1.00 1.00 1.00 2.00 3.00 3.00 3.00 Fire Engineer 3.00 3.00 4.00 4.00 4.00 3.00 3.00 3.00 3.00 Fire Fighter 2.00 3.00 1.00 1.00 1.00 4.00 3.00 3.00 3.00 HR/Finance Specialist 0.00 0.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 Human Resources Manager 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 Maintenance Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Maintenance Technician I 2.00 2.00 2.00 2.00 2.00 2.00 2.00 3.00 3.00 Maintenance Technician II 4.00 4.00 4.00 3.00 3.00 3.00 3.00 3.00 3.00 Maintenance Technician III 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Management Analyst II 0.00 0.00 0.00 0.00 0.00 1.00 0.00 0.00 0.00 Permit Technician 0.00 0.00 1.00 1.00 1.00 2.00 2.00 2.00 2.00 Plant Operator I 2.00 2.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Plant Operator II 3.00 3.00 4.00 3.00 3.00 4.00 4.00 4.00 4.00 Plant Superintendent 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Police Lieutenant 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 Police Officer 8.00 8.00 8.00 8.00 8.00 9.00 10.00 10.00 10.00 Police Sergeant 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Recreation Services Manager 1.00 0.00 0.00 0.00 0.00 0.00 0.00 1.00 1.00 Recreation Coordinator 1.00 2.00 2.00 1.00 2.00 2.00 2.00 2.00 2.00 Recreation Director 0.00 1.00 1.00 1.00 1.00 1.00 1.00 0.00 0.00 Senior Account Clerk 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Senior Accounting Assistant 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Civil Engineer 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Senior Maintenance Technician 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 2.00 Senior Planner 0.00 0.00 0.00 0.00 0.00 1.00 1.00 1.00 0.00 Senior Planner/Assistant to the City Manager 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 Senior Plant Operator 0.00 0.00 0.00 0.00 1.00 1.00 1.00 1.00 1.00 Senior Police Officer 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Total Full Time Funded Personnel by Position 54.00 57.00 55.00 52.00 58.00 66.50 69.00 71.00 73.00 Personnel and Staffing
Full Time Personnel by Position
Item #6.8.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Yudiana Galvan, City of Calistoga | City Clerk
Meeting: City Council - Mar 18 2025
Subject: Proclaiming March 2025 Women's History Month
DESCRIPTION:

Council will consider making a proclamation celebrating Women's History Month.

RECOMMENDATION:

Consider Making the Proclamation
FINANCIAL IMPACT:

None
CEQA STATUS:

None
ATTACHMENT(S):

Women's History Month 2025
APPROVAL(S):

Laura Snideman, City of Calistoga | City Manager Approved - Mar 12 2025 Yudiana Galvan, City of Calistoga | City Clerk Approved - Mar 12 2025 Item #6.9.

CITY OF CALISTOGA PROCLAMATION
in Honor of Women’s History Month
Whereas, the City of Calistoga is proud to join in the Nation’s celebration of Women’s History Month which honors women who have shaped America’s history and its future through their tireless commitment; and
Whereas, in 1908, 15,000 women marched through New York City demanding better working conditions, equal pay and the right to vote. This was the first large-scale organized protest by women, drawing attention and the need for change while paving the way for future activism in the fight for women’s rights; and
Whereas, women of every race, class and ethnic background have made historic contributions to our Nation and our community in countless recorded and unrecorded ways: and Whereas, women have played and continue to play critical economic, cultural, and social roles in every sphere of life by constituting a significant portion of the labor force working inside and outside of the home;
Now, therefore, be it resolved, that the Calistoga City Council does hereby recognize March 2025 as Women’s History Month. We encourage all citizens of Calistoga to honor and celebrate the contributions of the women in our community.

Signed and sealed, this 18th day of March, in the year Two Thousand Twenty-Five

Item #6.9.

City of Calistoga

STAFF REPORT
To: Honorable Mayor and City Council
From: Antoinette Freeman, Planning & Permit Technician
Meeting: City Council - Mar 18 2025
Subject: Advisory Committees and Bylaws and City Council Liaisons DESCRIPTION:

Advisory Committees and Bylaws and City Council Liaisons RECOMMENDATION:

Consider Adopting the Resolution
SUMMARY:

Advisory committees are a structured way for community members to share their opinions and perspectives, study issues, develop policy and/or program recommendations, and provide feedback regarding city initiatives in a focused, small group structure, and are thus an integral part of furthering public participation in government.

The City Council has currently established the following committees:

1. Active Transportation Advisory Committee

2. Green Committee

3. Housing Advisory Committee

4. Fairground Advisory Committee
Due to a variety of conflicting documents, staff is recommending a “reset” of various rules and procedures to apply to all committees and to be referred to as bylaws.

This is also an opportunity to review the City Council committee liaison role.

ANALYSIS:

Committee Bylaws
An update of bylaws and rules of procedure for the current and future advisory committees for the city enables these bodies to:

1. Be purposeful and effective;

2. Operate within a common framework;

3. Receive structured support from the City Council, Planning Commission, or city staff;

4. Work with a clear understanding of available staff and financial support; and

5. Benefit the community.

The Resolution rescinds past resolutions and replaces them with a uniform, consistent, and current set of rules and procedures for the City’s current and future committees. The proposed City of Calistoga Advisory Committee Bylaws outline the following: Purpose and Functions, City Role, Item #8.1.

Membership, Member Guidelines, Officer Guidelines, Attendance Policy, Meeting Guidelines, Subcommittees, Agenda Guidelines, Communications, Conflict of Interest, Amendment to Bylaws, and Severability.

The Resolution addresses the following issues concerning the committees:

1. Lack of a uniform set of bylaws applicable to all committees;

2. Inconsistencies between the current rules and procedures and the City’s Code of Ethics, City Council Priorities, General Plan, Municipal Code, and other city policies;

3. Inconsistent or conflicting rules and procedures between individual committees, the current City Council Civic Operating Agreements, and the current Planning Commission Rules of Procedure;

4. Absence of details regarding the scope of an advisory committee and the process of preparing annual work plans for City Council review; and

5. Lack of city processes to support public participation and communication.

City Council Liaison Role
In April of 2024 the City Council established a liaison program whereby councilmembers are assigned to committees for the following purposes:

When the new Fairgrounds Committee members are appointed, city council liaison(s) may be appointed at the same time.

FINANCIAL IMPACT:

The establishment of the City of Calistoga Advisory Committee Bylaws has no direct fiscal impact.

The ongoing cost of staff support remains, and future budget impact is dependent on future council action if a project or program, policy, or other similar work requires specific additional funding.

Item #8.1.