Agenda, closed session, first session — Crescent City City Council, August 1, 2022

1 | P a g e
8/1/22 COUNCIL AGENDA

CITY OF CRESCENT CITY
Mayor Jason Greenough Mayor Pro Tem Isaiah Wright
Council Member Raymond Altman Council Member Beau Smith Council Member Blake Inscore
MONDAY AUGUST 1, 2022 6:00 P.M.

CLOSED SESSION BEGINS AT 5:00 P.M.

OPEN SESSION BEGINS AT 6:00 P.M.

ZOOM PHONE NUMBER: (253) 215-8782
ZOOM WEBINAR ID: 813 4787 6764
MUTE / UNMUTE PRESS *6
RAISE HAND PRESS *9
The public may access and participate in the public meeting using one or more of the following methods:
1) Attend the meeting in person, public comment at the podium will be allowed. 2) Participate live online via Zoom (details below) or by utilizing the link to join the meeting posted on both the City of Crescent City – City Hall Facebook page and the City of Crescent City website (www.crescentcity.org), public comment may be made by using the raise hand feature on Zoom;
3) Watch the meeting via livestream on YouTube (channel: City of Crescent City, California), public comment may be made by calling in to the meeting using the Zoom phone number; 4) Public comments may be made in advance by submitting written comment via [email protected] or by filing it with the City Clerk at 377 J Street, Crescent City, California, 95531. All public comments (via email or mail) must be received by the City Clerk prior to 12:00 p.m. the day of the meeting. Please identify the meeting date and agenda item to which your comment pertains in the subject line. Public comments so received will be forwarded to the City Council and posted on the website next to the agenda. Written public comments will not be read aloud during the meeting.

Notice regarding Americans with Disabilities Act: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in the meeting, please contact the City Clerk’s office at (707)464-7483, ext. 223. Notification 48 hours before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-

35.104 ADA Title II]. For TTYDD use for speech and hearing impaired, please dial 711. A full agenda packet may be reviewed at City Hall, 377 J Street, Crescent City, CA or on our website:
www.crescentcity.org
AGENDA

REGULAR CITY COUNCIL MEETING

FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
2 | P a g e
8/1/22 COUNCIL AGENDA

CLOSED SESSION
Call to order
Roll call

ANNOUNCEMENT OF CLOSED SESSION ITEMS
Conference with Labor Negotiator (Gov. Code § 54957.6), City Representative: Eric Wier, Employee Organizations: Crescent City Police Officers Association, Clerical Employees of Crescent City, Crescent City Employees Association, and Crescent City Management Employees Association

OPEN SESSION
Call to order
Roll call
Pledge of Allegiance

REPORT OUT ON CLOSED SESSION

PUBLIC COMMENT PERIOD
Any member of the audience is invited to address the City Council on any matter that is within the jurisdiction of the City of Crescent City. Comments of public interest or on matters appearing on the agenda are accepted. Note, however, that the Council is not able to undertake extended discussion or act on non-agendized items. Such items can be referred to staff for appropriate action, which may include placement on a future agenda. All comments shall be directed toward the entire Council. Any comments that are not at the microphone are out of order and will not be a part of the public record. After receiving recognition from the Mayor, please state your name and city or county residency for the record. Public comment is limited to three (3) minutes. The public is additionally allotted three minutes each in which to speak on any item on the agenda prior to any action taken by the Council.

CEREMONIAL ITEMS

1. Introduction of new City employees: Police Recruit Kaylee Cristia, Police Recruit Connor Sperling and EMOT 1 Ben DeForge

2. Proclamation for the anniversary of the Brother Jonathan Shipwreck REPORTS AND PRESENTATIONS - None

CONSENT CALENDAR

3. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period July 9, 2022, through July 22, 2022.

4. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending July 16, 2022, paid July 22, 2022
3 | P a g e
8/1/22 COUNCIL AGENDA

5. CivicRec Service agreement
• Recommendation: Approve and authorize the City Manager to sign a service agreement between the City and CivicRec

6. Claggett Wolfe Associates Contract Amendment
• Recommendation: Approve and authorize the City Manager to sign Amendment No. 1 to the Professional Services Agreement with Claggett Wolfe Associates

7. Lighthouse Repertory Theatre Cultural Center Use Agreement • Recommendation: Approve and authorize the City Manager to sign a Cultural Center Use Agreement between the City and Lighthouse Repertory Theatre PUBLIC HEARING - None
CONTINUING BUSINESS - None

NEW BUSINESS

8. CCPD OES Grant Funding for Equipment and Generators
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2022-55, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET
• Accept the grant funds and authorize the City Manager to sign any grant documents related to the FY 2019 Public Safety Power Shutoff Resiliency Allocation by Cal OES • Accept the grant funds and authorize the City Manager to sign any grant documents related to the FY 2021 HSGP funding by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through Cal OES

9. Voting Delegate and Alternate Designation for the 2022 League of California Cities Annual Conference
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Designate two members of the City Council to serve as the Voting Delegate and an Alternate for the League of California Cities Annual Conference

CITY COUNCIL ITEMS
➢ Legislative Matters – Consider miscellaneous legislative matters pertinent to the City of Crescent City. Authorize the Mayor to sign the appropriate letters and/or positions with respect to such matters.
➢ City Manager Report and City Council Directives – Pursuant to Crescent City Municipal Code § 2.08.200, the City Council may instruct the city manager on matters of importance to the administrative services of the City and provide direction with respect to subordinates of the City Manager. (Directives from individual Council Members that are not objected to by any member present shall be considered an order of the City Council.) 4 | P a g e
8/1/22 COUNCIL AGENDA
➢ Reports, Concerns, Referrals, Council travel and training reports – In accordance with Gov’t Code § 54954.2(a), City Council Members may make brief announcements or brief reports on their own activities. They may ask questions for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda.

ADJOURNMENT
Adjourn to the regular meeting of the City Council of the City of Crescent City scheduled for Monday, August 15, 2022 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.

POSTED:

July 28, 2022
/s/ Robin Altman
City Clerk/Administrative Analyst
Vision:

The City of Crescent City will continue to stand the test of time and promote quality of life and community pride for our residents, businesses and visitors through leadership, diversity, and teamwork.

Mission:

The purpose of our city is to promote a high quality of life, leadership and services to the residents, businesses, and visitors we serve. The City is dedicated to providing the most efficient, innovative and economically sound municipal services building on our diverse history, culture and unique natural resources.

Values:

Accountability
Honesty & Integrity
Excellent Customer Service
Effective & Active Communication
Teamwork
Fiscally Responsible
EMOT 1 BEN DEFORGE

POLICE RECRUIT CONNOR SPERLING

POLICE RECRUIT KAYLEE CRISTIA

INTRODUCTION OF NEW CITY EMPLOYEES
0 _ES££
*
<?
o
C
I85A % 4J.IFW3
Proclamation
of the
City of Crescent City
_________________________________
Mayor Jason Greenough
lives lost in the tragedy known as the Brother Jonathan Shipwreck.

BE IT FURTHER RESOLVED that the City Council of the City of Crescent City honor the anniversary of the loss of the passengers aboard the Brother Jonathan shipwreck.

NOW, THEREFORE, the Crescent City Council hereby recognizes July 30, 2022 as the 157th known publisher, William Logan, superintendent of the The Dalles Mint; and Washington Territory and Abraham Lincon’s physician and friend, James Nisbet, a wellCommander of the Department of the Pacific, Dr. Anson G. Henry, Surveyor General of the WHEREAS, among the victims were Brigadier General George Wright former Union children bears witness to the tragedy of Brother Jonathan, and WHEREAS, only one of the young family passengers Daniel & Polina Rowell and their four the Pacific Coast; and
passengers and 11 crew in one lifeboat survived making this the worst shipping disaster on WHEREAS, there were over 200 lives lost in the shipwreck and only 19 people, 8 and
equipment and Army payroll in newly minted coin, struck a rock off the coast of Crescent City; extraordinary citizens, diverse military supplies and animals, heavy mining and railroad WHEREAS; on July 30, 1865, the Brother Jonathan, carrying over 200 ordinary and Accounts Payable
User:

Printed:
crawlings
7/25/2022 5:12 PM
Checks by Date - Summary by Check Number
Check No Vendor No Vendor Name Check Date Void Checks Check Amount ACH EDDTAX State of California EDD TAX Auto Pay 07/11/2022 0.00 4,650.59 ACH FITTAX FIT Payroll Taxes Auto Pay 07/11/2022 0.00 21,259.80 ACH PERS2 Public Emp Retirement Sys 07/11/2022 0.00 26,870.28 440958 CASTATE CA State Disbursement Unit 07/11/2022 0.00 158.76 440959 NCHEAL Sydney M Clinton 07/11/2022 0.00 380.00
440960 WAMUTU Crescent City Employees Association 07/11/2022 0.00 70.00 440961 CCPOLI Crescent City Police Officer's Association 07/11/2022 0.00 500.00 440962 ICMARE Icma Retirement Trust-457 07/11/2022 0.00 4,357.47 440963 CAPLIVE Secure Screening Solutions, Inc 07/11/2022 0.00 154.00 440964 ATTClets A T & T Corp 07/14/2022 0.00 95.99
440965 AMARANTE Daniel Amarante 07/14/2022 0.00 200.00
440966 UB*05554 NICO ASKEW 07/14/2022 0.00 137.62
440967 AUTOZONE Auto Zone 07/14/2022 0.00 162.41
440968 CRESUNIF Melanie Barry 07/14/2022 0.00 37.82
440969 ROBERTBL Black & Rice LLP 07/14/2022 0.00 646.00 440970 BLUEST Blue Star Gas Associates 07/14/2022 0.00 11.00 440971 UB*05527 CURTIS BORDER 07/14/2022 0.00 94.70
440972 CRENNE C Renner Petroleum Inc 07/14/2022 0.00 3,801.45 440973 ZCAEQUA1 Cal Dept of Tax and Fee Admin- Use Tax 07/14/2022 0.00 688.00 440974 ZCABUILD California Building Standards Commission 07/14/2022 0.00 69.30 440975 CHARTEC Charter Communications 07/14/2022 0.00 694.92 440976 UB*05553 CHERYL ESTATE OF ARPAIA 07/14/2022 0.00 61.10 440977 UB*05548 SANDRA DE LA CRUZ 07/14/2022 0.00 160.98 440978 DNCBOS Del Norte County 07/14/2022 0.00 145.00
440979 ZCACONS Dept Of Conservation 07/14/2022 0.00 210.56 440980 UB*05552 KELLY DICKINSON 07/14/2022 0.00 468.25
440981 DOWNRI Down Range Investments, LLC 07/14/2022 0.00 3,712.04 440982 FILMTEC Filmtec Corporation 07/14/2022 0.00 57,464.36 440983 FRESWATE Freshwater Environmental Services Inc 07/14/2022 0.00 7,885.00 440984 VERIZO2 Frontier California Inc 07/14/2022 0.00 2,641.07 440985 NAPA GDMI ENT INC 07/14/2022 0.00 485.67
440986 GRAING Grainger 07/14/2022 0.00 726.47
440987 UB*05551 SANDRA GREENFIELD 07/14/2022 0.00 17.41 440988 HOOVEN Hooven & Co 07/14/2022 0.00 15,834.15
440989 HUFFMANW William Huffman 07/14/2022 0.00 200.00
440990 UB*05540 AMY HURST 07/14/2022 0.00 94.70
440991 INDUSTST Industrial Steel & Supply Co., Inc 07/14/2022 0.00 834.82 440992 INFOSEND Infosend Inc. 07/14/2022 0.00 1,775.63
440993 RECALL Iron Mountain 07/14/2022 0.00 108.09
440994 KUDER Rick Kuder 07/14/2022 0.00 200.00
440995 LEXISNEX LexisNexis Risk Data Management Inc 07/14/2022 0.00 150.00 440996 THRIFT Malcolm Kelly Inc. 07/14/2022 0.00 1,107.25 440997 UB*05550 NICOLE MATTZ 07/14/2022 0.00 174.24
440998 MEYERSPO Meyers Police K-9 Training, LLC 07/14/2022 0.00 700.00 440999 MISSIO Mission Linen Supply 07/14/2022 0.00 91.76 441000 OREILLY O'Reilly Auto Enterprises LLC 07/14/2022 0.00 62.21 441001 OTIS E Otis Elevator Company Inc 07/14/2022 0.00 323.09 AP Checks by Date - Summary by Check Number (7/25/2022 5:12 PM) Page 1 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 441002 PACPOW PacifiCorp 07/14/2022 0.00 32,380.05
441003 PARKWA Parkway Feed Inc 07/14/2022 0.00 193.99
441004 SUPERI Petrusha Enterprises Inc 07/14/2022 VOID 1,802.73 0.00 441005 HASLER Quadient Inc 07/14/2022 0.00 141.19
441006 QUALITYC Quality Code Publishing 07/14/2022 0.00 780.00 441007 LEXISNE RELX Inc 07/14/2022 0.00 220.00
441008 SPRING SBRK Finance Holdings, Inc 07/14/2022 0.00 1,959.80 441009 SHNCON SHN Consulting Engineers & Geologists Inc 07/14/2022 0.00 22,455.75 441010 ZCADSA State of California - Div of the State Architect07/14/2022 0.00 19.20 441011 SWRCBDFA DFA-Arrearages Program State Water Resources Control Board 07/14/2022 0.00 6,133.94 441012 DNOFFI Debra Stover 07/14/2022 0.00 2,032.50
441013 UB*05549 LAWRENCE SULLENGER 07/14/2022 0.00 38.83 441014 CALCARDS US Bank Corporate Pmt Systems 07/14/2022 0.00 16,517.91 441015 UTILITYS Utility Services Associates 07/14/2022 0.00 13,721.00 441016 VERIZO3 Verizon Wireless Services LLC 07/14/2022 0.00 297.79 Report Total (62 checks): 1,802.73 257,565.91
AP Checks by Date - Summary by Check Number (7/25/2022 5:12 PM) Page 2 AP
7-9-22 to 7-22-22 Council
User: crawlings
Printed: 7/25/2022 5:11:24 PM
Check Num Check Date Acct 1 Description Amount Selected For V 0 7/11/2022 610-000-2185-00000 PR Batch 00001.07.2022 State Income Tax 34.10 False 0 7/11/2022 610-000-2185-00000 PR Batch 00001.07.2022 State Income Tax 2,481.05 False 0 7/11/2022 610-000-2185-00000 PR Batch 00011.07.2022 State Income Tax 291.96 False 0 7/11/2022 610-000-2185-00000 PR Batch 00011.07.2022 State Income Tax 1,843.48 False 0 7/11/2022 610-000-2189-00000 PR Batch 00011.07.2022 Federal Income Tax 967.79 False 0 7/11/2022 610-000-2188-00000 PR Batch 00001.07.2022 Medicare Employee Portion 1,383.18 False 0 7/11/2022 610-000-2188-00000 PR Batch 00011.07.2022 Medicare Employee Portion 954.47 False 0 7/11/2022 610-000-2189-00000 PR Batch 00011.07.2022 Federal Income Tax 6,310.38 False 0 7/11/2022 610-000-2188-00000 PR Batch 00001.07.2022 Medicare Employee Portion 33.76 False 0 7/11/2022 610-000-2188-00000 PR Batch 00444.06.2022 Medicare Employee Portion 5.67 False 0 7/11/2022 610-000-2188-00000 PR Batch 00444.06.2022 Medicare Employer Portion 5.67 False 0 7/11/2022 610-000-2188-00000 PR Batch 00001.07.2022 Medicare Employer Portion 33.76 False 0 7/11/2022 610-000-2188-00000 PR Batch 00011.07.2022 Medicare Employee Portion 160.32 False 0 7/11/2022 610-000-2188-00000 PR Batch 00011.07.2022 Medicare Employer Portion 954.47 False 0 7/11/2022 610-000-2188-00000 PR Batch 00001.07.2022 Medicare Employer Portion 1,383.18 False 0 7/11/2022 610-000-2189-00000 PR Batch 00001.07.2022 Federal Income Tax 8,714.27 False 0 7/11/2022 610-000-2188-00000 PR Batch 00011.07.2022 Medicare Employer Portion 160.32 False 0 7/11/2022 610-000-2189-00000 PR Batch 00001.07.2022 Federal Income Tax 192.56 False 0 7/11/2022 610-000-2187-00000 PR Batch 00001.07.2022 EE pd EE Contribution Adj -0.95 False 0 7/11/2022 610-000-2187-00000 PR Batch 00011.07.2022 Survivor Benefit 15.52 False 0 7/11/2022 610-000-2187-00000 PR Batch 00001.07.2022 Service Credit Purchase 413.20 False 0 7/11/2022 610-000-2187-00000 PR Batch 00001.07.2022 Survivor Benefit 0.90 False 0 7/11/2022 610-000-2187-00000 PR Batch 00001.07.2022 Survivor Benefit 32.58 False 0 7/11/2022 610-000-2187-00000 PR Batch 00011.07.2022 EE Contribution 633.19 False 0 7/11/2022 610-000-2187-00000 PR Batch 00001.07.2022 EE pd EE Contribution Adj -5.04 False 0 7/11/2022 610-000-2187-00000 PR Batch 00011.07.2022 EE Contribution 4,191.00 False 0 7/11/2022 610-000-2187-00000 PR Batch 00001.07.2022 ER Contribution 8,381.36 False 0 7/11/2022 610-000-2187-00000 PR Batch 00011.07.2022 ER Contribution 5,802.22 False 0 7/11/2022 610-000-2187-00000 PR Batch 00001.07.2022 EE Contribution 6,567.28 False 0 7/11/2022 610-000-2187-00000 PR Batch 00444.06.2022 ER Contribution 24.67 False 0 7/11/2022 610-000-2187-00000 PR Batch 00011.07.2022 Survivor Benefit 2.31 False 0 7/11/2022 610-000-2187-00000 PR Batch 00444.06.2022 EE Contribution 22.29 False 0 7/11/2022 610-000-2187-00000 PR Batch 00011.07.2022 ER Contribution 783.76 False 0 7/11/2022 610-000-2187-00000 PE 07.02.22 adjustment 5.99 False 440958 7/11/2022 610-000-2170-00000 PR Batch 00001.07.2022 Child Support-CA 158.76 False 440959 7/11/2022 001-480-4407-00000 Pre-employment screening 120.00 False 440959 7/11/2022 508-508-4407-00000 DOT screening 80.00 False 440959 7/11/2022 001-240-4407-00000 Pre-employment screening 180.00 False 440960 7/11/2022 610-000-2184-00000 PR Batch 00001.07.2022 CCEA Monthly Dues 60.82 False 440960 7/11/2022 610-000-2184-00000 PR Batch 00001.07.2022 CCEA Monthly Dues 4.18 False 440960 7/11/2022 610-000-2184-00000 PR Batch 00011.07.2022 CCEA Monthly Dues 5.00 False 440961 7/11/2022 610-000-2181-00000 PR Batch 00011.07.2022 CCPOA Dues 75.27 False 440961 7/11/2022 610-000-2181-00000 PR Batch 00011.07.2022 CCPOA Dues 424.73 False 440962 7/11/2022 610-000-2178-00000 Plan #300878 1,076.37 False 440962 7/11/2022 610-000-2178-00000 Plan #300878 435.12 False AP - 7-9-22 to 7-22-22 Council (7/25/2022) Page 1 of 8
X 4
Check Num Check Date Acct 1 Description Amount Selected For V 440962 7/11/2022 610-000-2186-00000 Plan #306752 3.78 False 440962 7/11/2022 610-000-2186-00000 Plan #306752 56.49 False 440962 7/11/2022 610-000-2186-00000 Plan #306752 104.78 False 440962 7/11/2022 610-000-2178-00000 Plan #300878 43.90 False 440962 7/11/2022 610-000-2186-00000 Plan #306752 620.07 False 440962 7/11/2022 610-000-2186-00000 Plan #306752 21.98 False 440962 7/11/2022 610-000-2186-00000 Plan #306752 0.80 False 440962 7/11/2022 610-000-2178-00000 Plan #300878 838.63 False 440962 7/11/2022 610-000-2178-00000 Plan #300878 756.10 False 440962 7/11/2022 610-000-2186-00000 Plan #306752 130.03 False 440962 7/11/2022 610-000-2186-00000 Plan #306752 269.42 False 440963 7/11/2022 001-240-4411-00000 Fingerprinting - Galpsey 22.00 False 440963 7/11/2022 001-480-4407-00000 Pre-employement fingerprinting 22.00 False 440963 7/11/2022 001-240-4411-00000 Fingerprinting - Knapp 22.00 False 440963 7/11/2022 001-240-4411-00000 Fingerprinting - Ohman 22.00 False 440963 7/11/2022 001-240-4407-00000 Pre-employement fingerprinting 66.00 False 440964 7/14/2022 001-240-4230-00000 Clets Line Maintenance - 6/1-6/30/22 95.99 False 440965 7/14/2022 413-353-4320-GLASSSafety prescription glasses reimbursement 100.00 False 440965 7/14/2022 419-371-4320-GLASSSafety prescription glasses reimbursement 100.00 False 440966 7/14/2022 419-000-2110-00000 Refund Check 108620-001, 195 DEL MONTE ST 137.62 False 440967 7/14/2022 001-230-4391-00000 tire coating/spray 27.95 False 440967 7/14/2022 001-230-4391-00000 Battery #5175 156.46 False 440967 7/14/2022 001-230-4391-00000 Battery core return #5175 -22.00 False 440968 7/14/2022 001-240-4320-00000 Garrison belt 37.82 False 440969 7/14/2022 001-130-4550-00000 Reimburse LexisNexis subscription for Feb-May 22 646.00 False 440970 7/14/2022 001-240-4220-00000 Propane 5/13-6/13/22 11.00 False 440971 7/14/2022 419-000-2110-00000 Refund Check 110509-000, 1230 LINNETT CT 94.70 False 440972 7/14/2022 001-240-4330-00000 Fuel for patrol cars Jun 22 3,300.59 False 440972 7/14/2022 001-240-4330-00000 Fuel for patrol cars- Jun 22 500.86 False 440973 7/14/2022 419-371-4390-00000 M&M TOOL: blade screw TAX 1.02 False 440973 7/14/2022 508-508-4390-00000 AMVAN: cab desk TAX 17.67 False 440973 7/14/2022 001-240-4390-00000 EREPLACEMENTPARTS: gate parts for PD TAX 7.03 False 440973 7/14/2022 419-371-4390-00000 SLAKEY BROS: tower light TAX 16.01 False 440973 7/14/2022 413-351-4310-00000 MADGETECH: calibration service kit TAX 9.08 False 440973 7/14/2022 413-351-4390-00000 NCL Wisconsin ACS chemicals TAX 0.83 False 440973 7/14/2022 001-230-4391-00000 STOBES N MORE: lights for #5110 TAX 29.70 False 440973 7/14/2022 413-351-4390-00000 LABSTRONG: heating element TAX 64.53 False 440973 7/14/2022 413-351-4390-00000 NCL Wisconsin ACS chemicals TAX 144.35 False 440973 7/14/2022 901-230-4799-2020S PRO ACOUSTICS: sound barrier equip TAX 195.03 False 440973 7/14/2022 001-230-4390-00000 ROSCOE RESCUE: rope bag equipment TAX 29.04 False 440973 7/14/2022 001-120-4400-00000 Sales tax rounding adjustment -0.78 False 440973 7/14/2022 419-371-4390-00000 SLAKEY BROS: tower light TAX 16.01 False 440973 7/14/2022 508-508-4390-00000 FIREFIGHTER PRODUCTS: Parts for ARFF truck TAX 54.86 False 440973 7/14/2022 001-480-4390-00000 LIQIGUARD: pool deck coating TAX 41.25 False 440973 7/14/2022 413-351-4390-00000 NCL Wisconsin ACS chemicals TAX 27.72 False 440973 7/14/2022 413-351-4390-00000 NCL Wisconsin ACS chemicals TAX 30.36 False 440973 7/14/2022 001-480-4390-00000 NORTHSIDE SALES: formaldehyde TAX 4.29 False 440974 7/14/2022 001-251-3312-00000 Admin Fees Collected (retained) Apr - Jun 22 -7.70 False 440974 7/14/2022 001-251-3312-00000 Admin Fees Collected Apr - Jun 22 77.00 False 440975 7/14/2022 001-240-4230-00000 Internet Service - 6/30-7/29/22 134.98 False 440975 7/14/2022 419-371-4230-00000 broadband for security 6/25-7/24/22 89.99 False 440975 7/14/2022 419-371-4230-00000 broadband for security 6/26-7/25/22 89.99 False 440975 7/14/2022 001-480-4230-00000 Internet Service --6/27-7/26/22 2.94 False 440975 7/14/2022 001-251-4230-00000 Internet Service --6/27-7/26/22 6.09 False 440975 7/14/2022 413-111-4230-00000 Internet Service--6/27-7/26/22 3.99 False AP - 7-9-22 to 7-22-22 Council (7/25/2022) Page 2 of 8
Check Num Check Date Acct 1 Description Amount Selected For V 440975 7/14/2022 001-114-4230-00000 Internet Service --6/27-7/26/22 13.65 False 440975 7/14/2022 413-353-4230-00000 Internet Service --6/27-7/26/22 4.41 False 440975 7/14/2022 001-471-4230-00000 Internet Service --6/27-7/26/22 2.94 False 440975 7/14/2022 001-111-4230-00000 Internet Service -6/27-7/26/22 5.04 False 440975 7/14/2022 001-364-4230-00000 Internet Service - -6/27-7/26/22 4.62 False 440975 7/14/2022 413-352-4230-00000 Internet Service --6/27-7/26/22 11.13 False 440975 7/14/2022 419-120-4230-00000 Internet Service --6/27-7/26/22 25.62 False 440975 7/14/2022 419-371-4230-00000 Internet Service --6/27-7/26/22 15.74 False 440975 7/14/2022 001-470-4230-00000 Internet Service --6/27-7/26/22 2.94 False 440975 7/14/2022 413-120-4230-00000 Internet Service --6/27-7/26/22 27.30 False 440975 7/14/2022 001-113-4230-00000 Internet Service --6/27-7/26/22 13.65 False 440975 7/14/2022 412-100-4230-00000 Internet Service --6/27-7/26/22 4.62 False 440975 7/14/2022 001-313-4230-00000 Internet Service --6/27-7/26/22 3.78 False 440975 7/14/2022 001-250-4230-00000 Internet Service - -6/27-7/26/22 1.68 False 440975 7/14/2022 001-350-4230-00000 Internet Service --6/27-7/26/22 10.08 False 440975 7/14/2022 420-115-4230-00000 Internet Service --6/27-7/26/22 13.64 False 440975 7/14/2022 001-120-4230-00000 Internet Service --6/27-7/26/22 28.35 False 440975 7/14/2022 419-111-4230-00000 Internet Service--6/27-7/26/22 4.41 False 440975 7/14/2022 412-100-4230-00000 Internet Service -7/1-7/31/22 169.98 False 440976 7/14/2022 413-000-2110-00000 Refund Check 007289-000, 1865 WILDWOOD LN 61.10 False 440977 7/14/2022 419-000-2110-00000 Refund Check 109670-000, 127 KERBY ST 160.98 False 440978 7/14/2022 001-113-4450-00000 Jun 22 Chambers rental 145.00 False 440979 7/14/2022 001-000-2140-00000 Seismic Fees (residential) for Apr-Jun 22 135.41 False 440979 7/14/2022 001-000-2150-00000 Seismic Fees (commercial) for Apr-Jun 22 75.15 False 440980 7/14/2022 419-000-2110-00000 Refund Check 104052-001, 471 HUMBOLDT ST 192.31 False 440980 7/14/2022 419-000-2110-00000 Refund Check 104052-001, 471 HUMBOLDT ST 275.94 False 440981 7/14/2022 001-240-4320-00000 Uniforms-Sperling 870.46 False 440981 7/14/2022 001-240-4320-00000 Uniforms-Neeley 861.88 False 440981 7/14/2022 001-240-4320-00000 Uniforms-Cristia 786.67 False 440981 7/14/2022 001-240-4320-00000 Uniforms - Owen, J 176.68 False 440981 7/14/2022 001-240-4320-00000 Vest - Owen, W 894.81 False 440981 7/14/2022 001-240-4320-00000 Uniforms - Griffin 121.54 False 440982 7/14/2022 913-352-4799-35215 MemCornMemPulse Equipment-10% ON ORDER 57,464.36 False 440983 7/14/2022 419-371-4409-00000 Regulatory compliance 7,885.00 False 440984 7/14/2022 001-364-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.93 False 440984 7/14/2022 001-114-4230-00000 City Hall Shared Phone - 6/30-7/29/22 55.06 False 440984 7/14/2022 001-251-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 1.22 False 440984 7/14/2022 508-508-4230-00000 707-464-9565 monthly phone6/30-7/29/22 127.95 False 440984 7/14/2022 001-470-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.58 False 440984 7/14/2022 001-364-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.92 False 440984 7/14/2022 001-251-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 1.21 False 440984 7/14/2022 413-352-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 2.23 False 440984 7/14/2022 419-120-4230-00000 City Hall Shared Phone- 6/30-7/29/22 103.34 False 440984 7/14/2022 413-111-4230-00000 City Hall Shared Phone- 6/30-7/29/22 16.10 False 440984 7/14/2022 413-352-4230-00000 City Hall Shared Phone- 6/30-7/29/22 44.89 False 440984 7/14/2022 413-352-4230-00000 Treatment Plant Phone: 465-3054 6/30-7/29/22 190.58 False 440984 7/14/2022 001-120-4230-00000 City Hall Shared Phone - 6/30-7/29/22 114.35 False 440984 7/14/2022 001-350-4230-00000 City Hall Shared Phone- 6/30-7/29/22 40.66 False 440984 7/14/2022 419-120-4230-00000 707-464-6517 monthly phone 6/30-7/29/22 20.82 False 440984 7/14/2022 001-120-4230-00000 707 465-1719 upstairs fax6/30-7/29/22 5.62 False 440984 7/14/2022 001-313-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.75 False 440984 7/14/2022 001-114-4230-00000 707 465-1719 upstairs fax6/30-7/29/22 2.70 False 440984 7/14/2022 001-114-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 2.73 False 440984 7/14/2022 001-113-4230-00000 707 465-1719 upstairs fax6/30-7/29/22 2.71 False 440984 7/14/2022 413-352-4230-00000 WWTP phone 6/30-7/29/22 282.55 False AP - 7-9-22 to 7-22-22 Council (7/25/2022) Page 3 of 8
Check Num Check Date Acct 1 Description Amount Selected For V 440984 7/14/2022 419-371-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 3.12 False 440984 7/14/2022 001-113-4230-00000 City Hall Shared Phone - 6/30-7/29/22 55.06 False 440984 7/14/2022 001-111-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 1.01 False 440984 7/14/2022 419-371-4230-00000 City Hall Shared Phone- 6/30-7/29/22 63.53 False 440984 7/14/2022 413-353-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.88 False 440984 7/14/2022 001-240-4230-00000 707-464-2133 monthly phone 6/30-7/29/22 185.49 False 440984 7/14/2022 001-350-4230-00000 707-464-9506 monthly phone 6/30-7/29/22 168.90 False 440984 7/14/2022 419-111-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.88 False 440984 7/14/2022 420-115-4230-00000 City Hall Shared Phone- 6/30-7/29/22 55.06 False 440984 7/14/2022 419-111-4230-00000 City Hall Shared Phone- 6/30-7/29/22 17.78 False 440984 7/14/2022 001-471-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.59 False 440984 7/14/2022 001-111-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 1.00 False 440984 7/14/2022 412-100-4230-00000 City Hall Shared Phone- 6/30-7/29/22 18.64 False 440984 7/14/2022 001-250-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.34 False 440984 7/14/2022 001-480-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.59 False 440984 7/14/2022 413-120-4230-00000 City Hall Shared Phone- 6/30-7/29/22 110.12 False 440984 7/14/2022 001-251-4230-00000 City Hall Shared Phone- 6/30-7/29/22 24.57 False 440984 7/14/2022 001-471-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.58 False 440984 7/14/2022 413-120-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 5.41 False 440984 7/14/2022 001-113-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 2.73 False 440984 7/14/2022 419-111-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.87 False 440984 7/14/2022 413-111-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.80 False 440984 7/14/2022 419-120-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 5.08 False 440984 7/14/2022 001-350-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 2.02 False 440984 7/14/2022 001-364-4230-00000 City Hall Shared Phone- 6/30-7/29/22 18.64 False 440984 7/14/2022 413-351-4230-00000 707 465-5275 Lab Phone Line 6/30-7/29/22 142.97 False 440984 7/14/2022 001-471-4230-00000 City Hall Shared Phone- 6/30-7/29/22 11.86 False 440984 7/14/2022 001-480-4230-00000 Pool Phone 465-5761 - 6/30-7/29/22 139.09 False 440984 7/14/2022 413-353-4230-00000 City Hall Shared Phone- 6/30-7/29/22 17.79 False 440984 7/14/2022 001-471-4230-00000 707-465-3914 monthly phone 6/30-7/29/22 80.37 False 440984 7/14/2022 413-120-4230-00000 707-464-6517 monthly phone 6/30-7/29/22 20.82 False 440984 7/14/2022 001-470-4230-00000 City Hall Shared Phone- 6/30-7/29/22 11.86 False 440984 7/14/2022 420-115-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 2.71 False 440984 7/14/2022 001-470-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.59 False 440984 7/14/2022 001-480-4230-00000 707-464-6940 monthly phone- 6/30-7/29/22 71.70 False 440984 7/14/2022 001-313-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.76 False 440984 7/14/2022 419-371-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 3.15 False 440984 7/14/2022 001-250-4230-00000 City Hall Shared Phone- 6/30-7/29/22 6.77 False 440984 7/14/2022 413-120-4230-00000 707-465-6208 monthly phone 6/30-7/29/22 37.59 False 440984 7/14/2022 420-115-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 2.74 False 440984 7/14/2022 001-480-4230-00000 City Hall Shared Phone- 6/30-7/29/22 11.86 False 440984 7/14/2022 419-120-4230-00000 707-465-6208 monthly phone 6/30-7/29/22 37.58 False 440984 7/14/2022 412-100-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 0.93 False 440984 7/14/2022 413-111-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.80 False 440984 7/14/2022 001-471-4230-00000 Cult Cntr Elev Alrm 707-464-4582 6/30-7/29/22 78.62 False 440984 7/14/2022 413-352-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 2.21 False 440984 7/14/2022 001-313-4230-00000 City Hall Shared Phone- 6/30-7/29/22 15.25 False 440984 7/14/2022 001-111-4230-00000 City Hall Shared Phone - 6/30-7/29/22 20.33 False 440984 7/14/2022 413-120-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 5.47 False 440984 7/14/2022 001-350-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 2.00 False 440984 7/14/2022 413-353-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.87 False 440984 7/14/2022 001-480-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.59 False 440984 7/14/2022 419-120-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 5.13 False 440984 7/14/2022 001-250-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.33 False 440984 7/14/2022 001-120-4230-00000 707 465-4405 downstairs fax 6/30-7/29/22 5.69 False AP - 7-9-22 to 7-22-22 Council (7/25/2022) Page 4 of 8
Check Num Check Date Acct 1 Description Amount Selected For V 440984 7/14/2022 412-100-4230-00000 707 465-1719 upstairs fax 6/30-7/29/22 0.92 False 440984 7/14/2022 419-371-4230-00000 707-001-0001 SCADA telemetry link - 6/28-7/27/22 42.72 False 440985 7/14/2022 001-230-4391-00000 bay boxes oil 468.30 False 440985 7/14/2022 001-230-4391-00000 V-belt 17.37 False
440986 7/14/2022 001-470-4390-00000 Transformer 726.47 False 440987 7/14/2022 419-000-2110-00000 Refund Check 103421-000, 644 PACIFIC AVE 17.41 False 440988 7/14/2022 913-352-4799-35219 Replacement of underground valves at RBC and MBR 15,834.15 False 440989 7/14/2022 508-508-4320-04320 Boot Reimbursement 200.00 False 440990 7/14/2022 419-000-2110-00000 Refund Check 109499-001, 143 W 5TH ST 94.70 False 440991 7/14/2022 419-371-4390-00000 Steel plate for water lid fabrication 834.82 False 440992 7/14/2022 419-120-4240-00000 UB mailing service 887.82 False 440992 7/14/2022 413-120-4240-00000 UB mailing service 887.81 False 440993 7/14/2022 001-113-4450-00000 Service 5/25-6/21/22 108.09 False 440994 7/14/2022 419-371-4320-04320 Boot reimbursement 200.00 False 440995 7/14/2022 001-240-4409-00000 Services for May 22 150.00 False 440996 7/14/2022 506-506-4390-00000 Single wall drinking fountain for head start due to old fountain 1,107.25 False 440997 7/14/2022 419-000-2110-00000 Refund Check 110944-000, 259 W 9TH ST 174.24 False 440998 7/14/2022 001-240-4530-00000 Jun 22 K-9 training 350.00 False 440998 7/14/2022 001-240-4530-00000 Apr 22 K-9 training 350.00 False 440999 7/14/2022 001-480-4390-00000 Pool mats 23.64 False 440999 7/14/2022 001-120-4370-00000 City Hall mats 17.03 False 440999 7/14/2022 001-120-4370-00000 City Hall mats 17.03 False 440999 7/14/2022 001-120-4370-00000 City Hall Mats 1.75 False 440999 7/14/2022 001-113-4370-00000 City Hall Mats 0.95 False 440999 7/14/2022 419-371-4370-00000 City Hall Mats 1.25 False 440999 7/14/2022 413-130-4370-00000 City Hall Mats 0.20 False 440999 7/14/2022 419-111-4370-00000 City Hall Mats 0.32 False 440999 7/14/2022 001-350-4370-00000 City Hall Mats 0.75 False 440999 7/14/2022 001-364-4370-00000 City Hall Mats 0.34 False 440999 7/14/2022 001-114-4370-00000 City Hall Mats 1.00 False 440999 7/14/2022 420-115-4370-00000 City Hall Mats 1.97 False 440999 7/14/2022 001-480-4370-00000 City Hall Mats 0.22 False 440999 7/14/2022 001-470-4370-00000 City Hall Mats 0.19 False 440999 7/14/2022 412-100-4370-00000 City Hall Mats 0.31 False 440999 7/14/2022 413-120-4370-00000 City Hall Mats 1.95 False 440999 7/14/2022 001-130-4370-00000 City Hall Mats 0.25 False 440999 7/14/2022 413-353-4370-00000 City Hall Mats 0.32 False 440999 7/14/2022 001-313-4370-00000 City Hall Mats 0.50 False 440999 7/14/2022 413-111-4370-00000 City Hall Mats 0.33 False 440999 7/14/2022 001-250-4370-00000 City Hall Mats 0.22 False 440999 7/14/2022 001-251-4370-00000 City Hall Mats 0.25 False 440999 7/14/2022 419-120-4370-00000 City Hall Mats 1.95 False 440999 7/14/2022 001-471-4370-00000 City Hall Mats 0.10 False 440999 7/14/2022 412-120-4370-00000 City Hall Mats 0.21 False 440999 7/14/2022 001-111-4370-00000 City Hall Mats 0.34 False 440999 7/14/2022 413-357-4370-00000 City Hall Mats 0.58 False 440999 7/14/2022 419-130-4370-00000 City Hall Mats 0.20 False 440999 7/14/2022 001-112-4370-00000 City Hall Mats 0.26 False 440999 7/14/2022 413-352-4370-00000 City Hall Mats 0.15 False 440999 7/14/2022 001-120-4370-00000 City Hall mats 17.03 False 441000 7/14/2022 001-230-4391-00000 hitch ball/ball mount/pin&clip #5175 62.21 False 441001 7/14/2022 001-471-4450-00000 FY23 Elevator maintenance- Jul 22 323.09 False 441002 7/14/2022 001-114-4210-00000 Service 05/06-06/06/22 42.36 False 441002 7/14/2022 001-480-4210-2020S Service 05/06-06/06/22 2,787.95 False 441002 7/14/2022 413-353-4210-35019 Service 05/06-06/06/22 442.61 False AP - 7-9-22 to 7-22-22 Council (7/25/2022) Page 5 of 8
Check Num Check Date Acct 1 Description Amount Selected For V 441002 7/14/2022 001-313-4210-00000 Service 05/06-06/06/22 11.73 False 441002 7/14/2022 001-120-4210-00000 Service 05/06-06/06/22 88.02 False 441002 7/14/2022 001-350-4210-00000 Service 05/06-06/06/22 31.28 False 441002 7/14/2022 419-111-4210-00000 Service 05/06-06/06/22 13.69 False 441002 7/14/2022 413-120-4210-00000 Service 05/06-06/06/22 84.73 False 441002 7/14/2022 413-352-4210-00000 Service 05/06-06/06/22 34.54 False 441002 7/14/2022 413-351-4210-00000 Service 05/06-06/06/22 736.90 False 441002 7/14/2022 001-230-4210-00000 Service 05/06-06/06/22 510.40 False 441002 7/14/2022 001-113-4210-00000 Service 05/06-06/06/22 42.36 False 441002 7/14/2022 001-251-4210-00000 Service 05/06-06/06/22 18.90 False 441002 7/14/2022 508-508-4210-00000 Service 05/06-06/06/22 953.66 False 441002 7/14/2022 001-470-4210-00000 Service 05/06-06/06/22 635.61 False 441002 7/14/2022 413-111-4210-00000 Service 05/06-06/06/22 12.38 False 441002 7/14/2022 419-120-4210-00000 Service 05/06-06/06/22 79.51 False 441002 7/14/2022 413-353-4210-00000 Service 05/06-06/06/22 29.35 False 441002 7/14/2022 001-250-4210-00000 Service 05/06-06/06/22 5.21 False 441002 7/14/2022 419-371-4210-00000 Service 05/06-06/06/22 13,211.69 False 441002 7/14/2022 420-115-4210-00000 Service 05/06-06/06/22 42.36 False 441002 7/14/2022 001-364-4210-10023 Service 05/06-06/06/22 4,118.95 False 441002 7/14/2022 412-100-4210-00000 Service 05/06-06/06/22 5,221.64 False 441002 7/14/2022 001-111-4210-00000 Service 05/06-06/06/22 15.64 False 441002 7/14/2022 001-240-4210-00000 Service 05/06-06/06/22 576.20 False 441002 7/14/2022 001-471-4210-00000 Service 05/06-06/06/22 2,384.07 False 441003 7/14/2022 001-240-4380-00000 K-9 food 98.51 False 441003 7/14/2022 001-240-4380-00000 K-9 food 95.48 False 441005 7/14/2022 413-120-4240-00000 8/1-10/31/22 Maintenance 35.30 False 441005 7/14/2022 419-120-4240-00000 8/1-10/31/22 Maintenance 35.30 False 441005 7/14/2022 001-120-4240-00000 8/1-10/31/22 Maintenance 70.59 False 441006 7/14/2022 001-113-4450-00000 7/1/22-6/30/23 webiste maintenance & storage fees 780.00 False 441007 7/14/2022 001-130-4550-00000 Jun 22 subscription service 220.00 False 441008 7/14/2022 413-120-4415-00000 Online and IVR utility payments- Jun 22 979.90 False 441008 7/14/2022 419-120-4415-00000 Online and IVR utility payments-Jun 22 979.90 False 441009 7/14/2022 001-313-4409-00000 Amendment 2: engineering contract to include SB2 10,565.00 False 441009 7/14/2022 001-313-4409-00000 Amendment 2: engineering contract to include LEAP 320.00 False 441009 7/14/2022 001-313-4409-00000 Planning services and Cannabis 11,015.75 False 441009 7/14/2022 117-364-4409-00ast TO #6 design reconstruction of A-Street 555.00 False 441010 7/14/2022 001-000-2160-00000 SB 1186 Qrtyly Fees Apr-Jun 22 19.20 False 441011 7/14/2022 413-000-2255-COVIDReturn sewer arreage funds not eligible 6,133.94 False 441012 7/14/2022 001-230-4530-2020S recruitment brochures 76.70 False 441012 7/14/2022 001-230-4530-2020S recruitment banner 298.77 False 441012 7/14/2022 001-480-4310-00000 office supplies 10.34 False 441012 7/14/2022 001-113-4310-00000 Color ink for upstairs copier 914.84 False 441012 7/14/2022 001-480-4310-00000 office supplies 44.16 False 441012 7/14/2022 001-240-4310-00000 forms 282.10 False
441012 7/14/2022 001-480-4312-00000 toner cartridge 150.45 False 441012 7/14/2022 001-240-4310-00000 paper 241.05 False
441013 7/14/2022 419-000-2110-00000 Refund Check 105100-000, 100 SUNRISE AVE 38.83 False 441014 7/14/2022 001-000-2122-00000 HANDCUFF?BATON: handcuffs SALES TAX -5.28 False 441014 7/14/2022 001-240-4312-00000 AMAZON: desk floor protective mats 389.52 False 441014 7/14/2022 001-240-4530-00000 GOLDEN NUGGET: Hotel 4/29-5/2/22 555.85 False 441014 7/14/2022 001-240-4530-00000 RPS EUREKA: airport parking 4/28-5/2/22 45.00 False 441014 7/14/2022 001-240-4530-00000 SHELL OIL: fuel 4/23/22 75.59 False 441014 7/14/2022 001-240-4320-00000 BLADE HQ: patrol equipment 389.66 False 441014 7/14/2022 001-240-4391-00000 CALIFORNIAAUTO: towing for patrol vehicle 65.00 False 441014 7/14/2022 001-240-4530-00000 OXFORDSUITES: hotel (Lopez) 4/22-4/25/22 167.17 False AP - 7-9-22 to 7-22-22 Council (7/25/2022) Page 6 of 8
Check Num Check Date Acct 1 Description Amount Selected For V 441014 7/14/2022 001-240-4312-00000 AMAZON: hole punch 38.42 False 441014 7/14/2022 001-240-4320-00000 GALLS: boots-Griffin 188.96 False 441014 7/14/2022 001-240-4530-00000 AVELO AIR: baggage 4/24/22 135.00 False 441014 7/14/2022 001-240-4240-00000 MAILROOM: postage 7.72 False 441014 7/14/2022 001-240-4530-00000 CHEVRON: fuel 4/24/22 65.01 False 441014 7/14/2022 001-240-4320-00000 FSP*DOWNRANGE: refund on boots -161.89 False 441014 7/14/2022 001-240-4530-00000 SHELL OIL: fuel 5/7/22 88.44 False 441014 7/14/2022 001-240-4530-00000 CHEVRON: fuel 5/1/22 40.59 False 441014 7/14/2022 001-240-4530-00000 EXXONMOBIL: fuel 4/22/22 49.14 False 441014 7/14/2022 001-240-4530-00000 SHELL OIL: fuel 5/7/22 74.54 False 441014 7/14/2022 001-240-4530-00000 BESTWESTERN: hotel 5/6-5/9/22 293.42 False 441014 7/14/2022 001-240-4390-00000 WALMART: frames 15.09 False 441014 7/14/2022 001-240-4530-00000 FVTC STUDENT FINANCE: refund -375.00 False 441014 7/14/2022 001-240-4530-00000 HYATTPLACE: hotel (Valero) 5/1-5/7/22 1,053.17 False 441014 7/14/2022 001-240-4240-00000 MAILROOM: postage 37.52 False 441014 7/14/2022 001-240-4320-00000 HANDCUFF?BATON: handcuffs 69.26 False 441014 7/14/2022 001-240-4530-00000 CURBSVCLVCAB: Cab 4/28/22 50.86 False 441014 7/14/2022 001-240-4390-00000 AMAZON: gloves 290.76 False 441014 7/14/2022 001-240-4530-00000 GOLDEN NUGGET: Hotel 4/29-5/2/22 555.85 False 441014 7/14/2022 001-240-4530-00000 CHEVRON: fuel 5/6/22 109.30 False 441014 7/14/2022 001-240-4530-00000 CHEVRON: fuel 4/29/22 (Trinidad) 46.33 False 441014 7/14/2022 001-240-4530-00000 AVELO AIR: baggage 4/28/22 105.00 False 441014 7/14/2022 001-240-4320-00000 PATRIOT OUTFITTERS: boots for Owen, W 194.80 False 441014 7/14/2022 001-240-4470-00000 AMAZON: Evidence bags 79.06 False 441014 7/14/2022 001-240-4471-00000 BULKMUNITIONS: Ammunition 1,968.35 False 441014 7/14/2022 001-120-4550-00000 GOVERNMENTFINANCE: Renewal 21.66 False 441014 7/14/2022 001-240-4312-00000 AMAZON: electronic accessories 84.40 False 441014 7/14/2022 001-480-4379-00000 WALMART: food/water for swim shop 2.40 False 441014 7/14/2022 001-480-4378-00000 WALMART: food/water for swim shop 6.96 False 441014 7/14/2022 001-240-4320-00000 BLADEHQ: patrol knives for holsters 481.57 False 441014 7/14/2022 001-240-4240-00000 MAILROOM: Stamps & shipping 76.78 False 441014 7/14/2022 001-240-4471-00000 BULKMUNITIONS: Ammunition 2,132.84 False 441014 7/14/2022 001-240-4320-00000 LA POLICE GEAR: Boots 103.05 False 441014 7/14/2022 412-100-4310-00000 AMAZON: Office supplies 139.28 False 441014 7/14/2022 001-240-4320-00000 AMAZON: holster accessory 150.66 False 441014 7/14/2022 413-120-4550-00000 GOVERNMENTFINANCE: Renewal 21.67 False 441014 7/14/2022 001-240-4391-00000 SP UTV PARTS GUY: flag pole whip lights 136.38 False 441014 7/14/2022 001-000-2122-00000 SP MAD CITY: Entry ram SALES TAX -21.46 False 441014 7/14/2022 001-240-4360-00000 COPQUEST: supplies 161.09 False 441014 7/14/2022 001-240-4312-00000 AMAZON: Desk chairs 346.36 False 441014 7/14/2022 001-480-4409-00000 STARFISH AQUATICS: Training 338.00 False 441014 7/14/2022 001-112-4390-00000 DUTCH GARDNER: plants 97.50 False 441014 7/14/2022 419-120-4550-00000 GOVERNMENTFINANCE: Renewal 21.67 False 441014 7/14/2022 001-240-4471-00000 BULKMUNITIONS: ammunition 765.40 False 441014 7/14/2022 001-240-4312-00000 AMAZON: electronic accessories 251.11 False 441014 7/14/2022 001-240-4471-00000 GALLS: boots-Lopez 186.47 False 441014 7/14/2022 001-112-4390-00000 AMAZON: label maker 64.94 False 441014 7/14/2022 001-000-2122-00000 BULKMUNITIONS: Ammunition SALES TAX -150.01 False 441014 7/14/2022 001-000-2122-00000 BULKMUNITIONS: Ammunition SALES TAX -162.55 False 441014 7/14/2022 001-000-2122-00000 BULKMUNITIONS: ammunition SALES TAX -58.33 False 441014 7/14/2022 412-100-4230-00000 DISH: 5/25-6/24/22 service 773.58 False 441014 7/14/2022 001-000-2122-00000 SP UTV PARTS GUY: flag pole whip lights SALES TAX -10.39 False 441014 7/14/2022 001-112-4390-00000 AMAZON: pickup tools 101.75 False 441014 7/14/2022 001-240-4471-00000 SP MAD CITY: Entry ram 281.61 False 441014 7/14/2022 001-240-4312-00000 AMAZON: bookcase 330.15 False AP - 7-9-22 to 7-22-22 Council (7/25/2022) Page 7 of 8
Check Num Check Date Acct 1 Description Amount Selected For V 441015 7/14/2022 419-371-4450-00000 10 days of leak detection and report- 5/31-6/17/22 13,721.00 False 441016 7/14/2022 419-371-4230-00000 Water SCADA Cellular ; 05/24-06/23/22 297.79 False AP - 7-9-22 to 7-22-22 Council (7/25/2022) Page 8 of 8
254,061.41
AP
7-9-22 to 7-22-22 Housing
User: crawlings
Printed: 7/25/2022 5:11:40 PM
Check Date Check Numb Description Amount Selected For Void 7/14/2022 440999 City Hall Mats 0.17 False
7/14/2022 440984 707 465-1719 upstairs fax 6/30-7/29/22 0.66 False 7/14/2022 440984 707 465-4405 downstairs fax 6/30-7/29/22 0.67 False 7/14/2022 440975 Internet Service --6/27-7/26/22 3.36 False 7/14/2022 440984 City Hall Shared Phone- 6/30-7/29/22 13.55 False 7/14/2022 441012 office supplies 14.09 False
7/14/2022 440984 707-464-2692 HA Fax Line 6/30-7/29/22 82.53 False 7/14/2022 441014 WALMART: services fee purchases for EHV participants #19 241.75 False 7/14/2022 441002 Service 05/06-06/06/22 248.31 False
7/14/2022 441014 WALMART: services fee purchases for EHV participants #19 575.53 False 7/14/2022 441014 WALMART: services fee purchases for EHV participants #18 926.75 False 7/14/2022 441014 DELUX: 4,000 checks 1,397.13 False
3,504.50
AP - 7-9-22 to 7-22-22 Housing (7/25/2022) Page 1 of 1
ft
<1
u
* *
cfiTn&-
July 16, 2022
July 22, 2022
110711-110722
Regular Pay Overtime Gross Pay # Empl Notes
Dept #110
City Council 1,409.84 1,409.84 5
Dept #111
Admin/City Manager 13,518.79 570.28 14,089.07 4
Dept #112
Comm Dev/Recreation 6,473.24 228.60 6,701.84 2
Dept #114
Human Resources 2,571.72 241.10 2,812.82 1
Dept #120
Finance/Utility Billing 13,371.15 13,371.15 5
Dept #130
City Attorney 4,681.12 4,681.12 1
Dept #230
Fire Department 6,841.48 6,841.48 2
Dept #240
Police Department 34,992.61 6,552.65 41,545.26 13
Dept #313
Planning 1,102.02 1 Part-time
Dept #350
Public Works-All Depts 54,862.69 1,909.02 56,771.71 19 + 3 part-time Dept #450
Recreation & Events 1,578.78 1
Dept #480
Swimming Pool Fund 14,621.12 47.59 14,668.71 2 + 18 Part-time Dept #490
Housing Authority 9,964.32 9,964.32 4
TOTALS 163,308.08 9,549.24 175,538.12 62 + 21 Part-time The payroll summarized above is listed where assigned. The actual costs of each employee are allocated each pay period to the department and/or fund where the actual work was performed.

CHECK NUMBERS

CITY OF CRESCENT CITY PAYROLL END DATE

BI-WEEKLY PAYROLL REPORT PAYROLL PAID DATE

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ASHLEY TAYLOR, ECONOMIC DEVELOPMENT AND RECREATION

DIRECTOR
DATE: AUGUST 1, 2022
SUBJECT: CIVICREC SERVICE AGREEMENT
______________________________________________________________________

RECOMMENDATION
• Approve and authorize the City Manager to sign a service agreement between the City and CivicRec

BACKGROUND
During the FY 22-23 budget process, staff identified that the Fred Endert Municipal Pool would benefit from a point of sale and program management service to address program enrollment, memberships, and drop-in activity. Currently, all sales are tracked on paper and prone to human error. This line item was included as part of the FY 22-23 adopted budget.

ITEM ANALYSIS
The Economic Development & Recreation Director and Aquatics Supervisor participated in demonstrations for several recreation management services and compared their features, capabilities, and staff and customer-facing functionalities. In that process, CivicRec was identified as being the best fit for the Pool’s programming and enrollment needs and was the most user-friendly for staff use.

One of the benefits of having a point of sale and program management service include more efficient and reliable tracking of all transactions that come through the front counter at the Pool. CivicRec can generate various reports, including ones that show attendance during a specified time period, individual or combined program revenue, and trends in revenue throughout the year(s). Having accurate and readily available collected data helps staff make informed decisions regarding programming and is more efficient in processing generated revenue.

CIVICREC SERVICE AGREEMENT
August 1, 2022
2 CivicRec has several other modules for managing recreation programs, including facility rentals, and could potentially be used in other operations for the City, as identified and needed.

FISCAL ANALYSIS
This is a new expense for the Fred Endert Municipal Pool and was included as part of the FY 22-23 adopted budget. First year investment would be $9,088, and $5,250 annually thereafter, with a 5% annual escalation after year two. The Measure S Oversight Committee recommended and the Council approved a budget of $10,000 from Measure S funds for this program.

STRATEGIC PLAN ASSESSMENT
• Goal 1: Support Quality Services, Community Safety, and Health to Enhance the Quality of Life and Experience of our Residents and Visitors o B. Ensure that information shared between departments, with other agencies, and with the public is both accurate and timely

ATTACHMENTS

1. CivicRec Services Agreement

2. CivicRec Services Quote
CivicPlus
Master Services Agreement
This Master Services Agreement (this “Agreement”) governs all Statements of Work (“SOW”) entered into by and between CivicPlus, LLC (“CivicPlus”) and the client entity identified on the SOW (“Client”). This Agreement governs the use and provision of any Services purchased by Client, as described in any signed SOW, and the effective date of this Agreement shall commence on the date of signature of the SOW (“Effective Date”). If a SOW has not been executed, then the Effective Date shall be determined as the start date of implementation of any software solution or codification services by CivicPlus for Client.

CivicPlus and Client referredto herein individually as “Party” and jointly as “Parties”.

Recitals
I. WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community engagement and government content management software solutions, platforms and associated services (the “Services”); and II. WHEREAS, Client wishes to engage CivicPlus for the procurement of the Services and/or receive a license subscription for the ongoing use of the Services, as set forth in the SOW; NOW, THEREFORE, Client and CivicPlus agree as follows:

Agreement
Term & Termination

1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Client, or Services are being provided by CivicPlus to Client, unless terminated in accordance with this §1 or as otherwise provided in this Agreement (the “Term”). Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent Client account remaining past due for longer than 90 days is a material breach by Client and is grounds for CivicPlus termination.

2. Upon termination of this Agreement or any SOW for any reason, (a) the licenses granted for such relevant SOW by §11 below will terminate and Client shall cease all use of the CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed under outstanding invoices or future planned billing for the completed development and implementation of the Client’s Services, as defined in the SOW (“Project Development”), shall immediately become due in full and payable. Sections 7, 8, 10, 14, 15, 18, 29 -31, 39, and 40 will survive any expiration or termination of this Agreement.

3. At any time during the Term, CivicPlus may, immediately upon notice to Client, suspend access to any Service due to a threat to the technical security or technical integrity of the Services.

Invoicing & Payment Terms

4. Client will pay the amounts owed to CivicPlus for the Project Development, subscription and licensing, and annual hosting, support and maintenance services (“Annual Recurring Services”) in accordance with the payment schedule set forth on the applicable SOW. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet that is required to be filled out and submitted by Client (the “Contact Sheet”). Client shall provide accurate, current and complete information of Client’s legal business name, address, email address, and phone number in the Contact Sheet upon submission of a signed SOW. Client will maintain and promptly update the Contact Sheet information if itshould change. Upon Client’s request, CivicPlus will mail hard-copy invoices for a $5.00 convenience fee.

5. Each SOW will state the amount of days from date of invoice payment is due. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or the maximum rate permitted by applicable law, whichever is less, will be added to past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). If the Client's account exceeds 60 days past due, support will be discontinued until the Client's account is made current.

If the Client's account exceeds 90 days past due, Annual Recurring Services will be discontinued, and the Client will no longer have access to the Services until the Client's account is made current. Client will be given 15 days’ notice prior to discontinuation of Services for non-payment.

6. During the performance of services during Project Development, if a change that requires repeated efforts to previously approved work product and such change causes CivicPlus to incur additional expenses (i.e. airline change fees, resource hours, consultant fees, Client does not show up for scheduled meetings or trainings), Client agreesto reimburse CivicPlus for such fees, not to exceed $1,000 per CivicPlus employee. CivicPlus shall notify Client prior to incurringsuch expenses and shall only incur those expenses which are approved by Client.

Ownership & Content Responsibility

7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Client will own the website graphic designs, webpage or Services content, module content, importable/exportable data, and archived information (“Client Content”) created by CivicPlus on behalf of Client pursuant to this Agreement. “Client Content” also includes any elements of text, graphics, images, photos, designs, artworks, logos, trademarks, services marks, and other materials or content which Client provides or inputs into any website, software or module in connection with any Services. Client Content excludes any content in the public domain; and any content owned or licensed by CivicPlus, whether in connection with providing Services or otherwise.

8. Upon completion of the Project Development, Client will assume full responsibility for Client Content maintenance and administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Content. Client hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Client Content as necessary to provide the Services. Client represents and warrants that Client owns all Client Content or that Client has permission from the rightful owner to use each of the elements of Client Content; and that Client has all rights necessary for CivicPlus to use the Client Content in connection with providing the Services.

9. At any time during the term of the applicable SOW, Client will have the ability to download the Client Content and export the Client data through the Services. Client may request CivicPlus to perform the export of Client data and provide the Client data to Client in a commonly used format at any time, for a fee to be quoted at time of request and approved by Client. Upon termination of the applicable SOW for any reason, whether or not Client has retrieved or requested the Client data, CivicPlus reserves the right to permanently and definitively delete the Client Content and Client data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its termination, Client will not have access to the Services.

10. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all software source code, documents, and materials used in the Services (“CivicPlus Property”) will remain the property of CivicPlus.

CivicPlus Property specifically excludes Client Content. Client shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or internet-based device that may allow third party entities, other than Client, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the software source code to all or any portion of the Services; or (v) access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property aretrademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement.

11. Provided Client complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in §10, CivicPlus hereby grants Client a limited, nontransferable, nonexclusive, license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW.

12. All CivicPlus helpful information and user’s guides for the Services (“Documentation”) are maintained and updated electronically by CivicPlus and can be accessed through the CivicPlus “Help Center”. CivicPlus does not provide paper copies of its Documentation. Client and its Users are granted a limited license to access Documentation as needed. Client shall not copy, download, distribute, or make derivatives of the Documentation.

13. Client acknowledges that CivicPlus may continually develop, alter, deliver, and provide to the Client ongoing innovation to the Services, in the form of new features and functionalities. CivicPlus reserves the right to modify the Services from time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the Client at no additional charge. In the event that CivicPlus creates new products or enhancements to the Services (“New Services”), and Client desires these New Services, then Client will have to pay CivicPlus the appropriate fee for the access to and use of theNew Services. If Client disputes any change, then CivicPlus shall use its reasonable best efforts to resolve the dispute.

14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Client to CivicPlus in connection with its access to and use of the Services (all reports, comments and suggestions provided by Client hereunder constitute, collectively, the “Feedback”). Client hereby grants to CivicPlus a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the CivicPlus products and services.

Indemnification

15. Unless prohibited by the law of Client’s state, the Parties shall defend, indemnify and hold the other Party, its partners, employees, and agents harmless from and against any and all third party lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses, including attorney’s fees, of any kind, without limitation, arising out of the negligent actions and omissions, or intentionally malicious actions or omissions of the indemnifying Party or its affiliates, partners, employees, and agents, directly associated with this Agreement and the installation and ongoing operations of Services contemplated by the SOW. This section shall not apply to the extent that any lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses is caused by the negligence or willful misconduct on the part of the indemnified Party.

Responsibilities of the Parties

16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the Service received by the Client.

17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client’s behalf. During Project Development, Client will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner.

18. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-user’s personal data on any Service provided by CivicPlus. Client further agrees that CivicPlus has no responsibility for the use or storage of end-users’ personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Client or by any third party of personal data.

19. Client is responsible for all activity that occurs under Client's accounts by or on behalf of Client. Client agrees to (a) be solely responsible for all designated and authorized individuals chosen by Client (“User”) activity, which must be in accordance with this Agreement and the CivicPlus Terms of Use; (b) be solely responsible for Client data; (c) obtain and maintain during the term all necessary consents, agreements and approvals from end-users, individuals or any other third parties for all actual or intended uses of information, data or other content Client will use in connection with the Services; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, any User’s log-in information and the Services, and notify CivicPlus promptly of any known unauthorized access or use of the foregoing; and (e) use the Services only in accordance with applicable laws and regulations.

20. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or CivicPlus Property.

21. CivicPlus shall not be responsible for any act or omission of any third-party vendor or service provider that Client has selected to integrate any of its Services with.

22. If implementation services, such as consulting or training, are purchased by Client and are not used solely due to the inaction or unresponsiveness of Client during the implementation period, then these services shall expire within 30 days after implementation closeout. The Client may choose to re-schedule any unused implementation services during this 30 day period as mutually agreed upon by the Parties. Any implementation services that have not been used or rescheduled shall be marked complete and closed upon the expiration of the 30 day period.

Data Security

23. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Client data. Except (a) in order to provide the Services; (b) to prevent or address service or technical problems in connection with support matters; (c) as expressly permitted in writing by Client; or (d) in compliance with our Privacy Policy, CivicPlus will not modify Client data or disclose Client data, unless specifically directed by Client or compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete known malicious accounts without Client authorization.

24. Client acknowledges and agrees that CivicPlus utilizes third-party service providers to host and provide the Services and store Client data and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of Client’s data.

25. CivicPlus may offer Client the ability to use third-party applications in combination with the Services. Any such third-party application will be subject to acceptance by Client. In connection with any such third-party application agreed to by Client, Client acknowledges and agreesthat CivicPlus may allow the third-party providers access to Client data asrequired for the interoperation of such third-party application with the Services. The use of a third-party application with the Services may also require Client to agree to a separate agreement or terms and conditions with the provider of the third-party application, which will govern Client's use of such third-party application.

26. In the event of a security breach at the sole fault of the negligence, malicious actions, omissions, or misconduct of CivicPlus, CivicPlus, as the data custodian, will comply will all remediation efforts as required by applicable federal and state law.

CivicPlus Support

27. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards, including maintaining Services availability 24 hours a day, 7 days a week. Client will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to review use articles, software best practices, receive maintenance release notes, as well as submit and monitor omni-channel support tickets and access solution specific support contact methods (https://www.civicplus.help/hc/en-us/requests/new).

28. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose software code-related errors, and proactively identify potential systems issues. CivicPlus support engineersserve a preliminary function in the agile development process and escalate defects to software developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Client delegated Users may receivetutorials and guidance on account modifications but will perform the action themselves.

29. CivicPlus support hours span between the hours of 7 am to 7 pm CST, but may vary by product. Client will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to obtain each product’s support hours, review use articles, software best practices, receive maintenance release notes, as well as submit and monitor omni-channel support tickets and access solution specific support contact methods (https://www.civicplus.help/hc/en-us/requests/new).After-hours support is available by tollfree phone call only. Non-emergency support requested outside of support hours will be subject to additional fees, such fees will be quoted to Client at the time of the request and will be subject to Client acceptance and invoiced the next business day following the non-emergencysupport. CivicPlus shall have the sole discretion to determine whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined in any SOW.

30. If a reported problem cannot be solved during the first support interaction, Client will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided. Support service does not include support for errors caused by third party products or applications for which CivicPlus is not responsible.

Marketing

31. Client hereby authorizes CivicPlus to use Client's name and logo on CivicPlus's website and in sales and marketing presentations. Such authorization may be withdrawn by Client at any time for any reason or no reason at all upon written notice to CivicPlus. Client may publicly refer to itself as a customer of the CivicPlus Services, including on Client's website and in sales presentations. Notwithstanding the foregoing, Each Party hereby grants the other a limited, worldwide, license to use the other’s logo in conformance with such Party’s trademark usage guidelines and solely for the purpose set forth in this §28. In no event will either party issue a press release publicly announcing this relationship without the approval of the other party, such approval not to be unreasonably withheld.

Limitation of Liability

32. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed the Annual Recurring Services amounts paid by Client in the year prior to such claim of liability.

33. In no event will CivicPlus be liable to Client for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement.

34. The liabilities limited by Section 29 and 30 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (c) even if Client is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (d) even if Client’s remedies fail of their essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPlus’ liability will be limited to the maximum extent permissible.

Warranties and Disclaimer

35. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance of such Party’s obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms.

36. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Client that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the Services in combination with a third party service, web hosting service, or server not authorized by CivicPlus.

37. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, CIVICPLUS HEREBY DISCLAIMS ALL

WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING.

38. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER

OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY CIVICPLUS TO CLIENT AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

Force Majeure

39. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, pandemic, fire, casualty, unanticipated work stoppage,strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of public enemy, or other cause of similar or dissimilar nature beyond its control.

Taxes

40. The amounts owed for the Services exclude, and Client will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus’s income). If the Client is tax-exempt, the Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by Client under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Client agrees to pay for all resulting fines, penalties and expenses.

Other Documents

41. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWs, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement or any SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or inconsistency between the provision in the body of this Agreement and any exhibit, amendment, or addenda hereto or any SOW, the terms of such exhibit, amendment, addenda or SOW will prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Client purchase order or other order documentation (excluding SOWs) will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such term is to refer and agree to this Agreement .

Interlocal Purchasing Consent/ Cooperative Purchasing

42. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus’s sole discretion, this Agreement and any SOW may be extended to any public entity in Client’s home-state to purchase at the SOW prices and specifications in accordance with the terms stated herein.

43. To the extent permitted by law, the terms of this Agreement and set forth in one or more SOW(s) may be extended for use by other local government entities upon execution of a separate agreement, SOW, or other duly signed writing by and between CivicPlus and such entity, setting forth all of the terms and conditions for such use, including applicable fees and billing terms.

Miscellaneous Provisions

44. The invalidity, in whole or in part, of any provision of this Agreement shall not void or affect the validity of any other provision ofthis Agreement.

45. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.”

46. The Parties will use reasonable efforts to resolve any dispute between them in good faith prior to initiating legal action.

47. This Agreement and any SOW, to the extent signed and delivered by means of a facsimile machine or electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electronic signature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no certification authority or other third party verification is necessary to validate its electronic signature and that the lack of such certification of third party verification will not in any way affect the enforceability of the Parties’ electronic signature or any resulting agreement between CivicPlus and Client.

48. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update this Agreement from time to time. In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Client with written notice describing such change via email or through its website. Client’s continued use of the Services following such updates constitutes Client’s acceptance of the same. In the event Client rejects the update to the terms herein, Client must notify CivicPlus of its objection within ten (10) days receipt of notice of such update.

CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Quote #: Q-17770-1
Date: 6/24/2021 6:54 PM
Expires On: 6/30/2022
Product: CivicRec
Client:

Crescent City CA - CivicRec
Bill To:

Crescent City CA - CivicRec
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Dustin Flentie x [email protected] Net 30
CivicRec - Statement of Work
QTY Product Name DESCRIPTION PRODUCT
TYPE

1.00 CivicRec Annual Fee CivicRec Annual Fee Renewable

1.00 CivicRec Standard Standard package -Project Coordination -Branded Public Portal -Help Center Access
One-time

2.00 CivicRec Virtual Training (Half
Day Block)
Training (Virtual) - half day, up to 4 hours One-time

1.00 CivicRec Pay - Forte CivicRec Pay - Forte

1.00 CivicRec Pay Annual Fee - Forte CivicRec Pay Annual maintenance and support fee Renewable

1.00 CivicRec Pay Implementation -
Forte
Includes setting CivicPlus Pay configuration, configuring CivicPlus products for accepting payments, advanced
troubleshooting with our partner's support.

One-time

1.00 CivicRec Virtual Consulting (Half
Day Block)
Consulting (Virtual) - half day, up to 4 hours One-time List Price - Year 1 Total USD 13,088.00
Total Investment - Year 1 USD 9,088.00
Annual Recurring Services - Year 2 USD 5,250.00
Total Days of Quote:365

1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at https://www.civicplus.com/master-services-agreement (“MSA”), to which this SOW is hereby attached as the CivicRec Statement of Work. By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW.

2. This SOW shall remain in effect for an initial term equal to 365 days from the date of signing (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term or any subsequent Renewal V. PD 06.01.2015-0048

Page 1 of 5 ends

Term, this SOW will automatically renew for an additional 1-year renewal term (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”.

3. The Total Investment - Year 1 Fees shall be invoiced as follows:
a. Upon signing of this SOW – one half (50%) of the Total Investment - Year 1 Fees; b. The earlier of 6 months from signing or upon completed implementation of the CivicRec Recreation Management Software – the remaining half of the Total Investment - Year 1 Fees.

4. Annual Recurring Services shall be invoiced on the start date of each Renewal Term. Annual Recurring Services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% annual increase beginning in year 2 of service. Client will pay all invoices within 30 days of the date of such invoice.

5. The Client’s Annual Recurring Services Fees agreed upon herein are based on Client processing up to USD 125,000.00 of revenue per year (“Predicted Processing Volume”). Starting with the first Renewal Term of this SOW, CivicPlus reserves the right (but not the obligation) to audit Client once every 12 months to determine Client’s actual processing volume (“Actual Processing Volume”). In the event Client’s Actual Processing Volume exceeds the Predicted Processing Volume, CivicPlus will notify client within 30 days of the audit of the Actual Processing Volume and the applicable increase in the Annual Fees resulting from such Actual Processing Volume. The increase in the Annual Fees shall be implemented the first of the month following the notice.

6. For the purposes of obtaining merchant account services through CivicPlus Pay, Client may choose to utilize the designated merchant account for CivicRec through an integrated partnership with a merchant providers that is within CivicPlus’s network (“Partner Network”). In the event Client chooses a merchant account from the Partner Network (“Integrated Partner”), Client will enter into a merchant account such Integrated Partner. Such agreement’s terms and conditions will solely enure to the benefit and obligation of Client; CivicPlus shall not be a party to such agreement. In the event Client chooses an Integrated Partner merchant account provider, CivicPlus will provide Client and Integrated Partner contact information to the other party for contracting purposes, and shall integrate the Integrated Partner merchant account system at no additional charge to Client. If Client desires to use an integrated merchant account processor gateway besides one of the Integrated Partners designated as members of the Partner Network, CivicPlus will provide Client with a list of approved processors and an integration fee will be charged to Client. Client agrees to assume responsibility for ensuring execution of a merchant account contract with Client’s select merchant account provider, to comply with all terms and conditions of such contract and pay all fees required to maintain the services. Client acknowledges that the fees set forth in this SOW do not include any transaction, processing or other fees imposed by Client’s merchant account processor. Client is fully responsible for their relationship with their selected processor. In no event will CivicPlus: (i) take part in negotiations, (ii) pay any fees incumbent on the Client or merchant account, or (iii) acquire any liability for the performance of services of any chosen merchant account processor, including those in the Partner Network. Client acknowledges switching to a different merchant account processor after signing this SOW may incur additional fees and require a written and signed modification to this SOW. Client shall continue to be responsible for negotiating and executing any merchant account agreement as described herein for any additional merchant account processor changes.

7. When Client uses CivicPlus Pay, then Client may take online credit card payments for certain services or products they provide via the Client websites supported by CivicPlus. As such, through CivicPlus Pay, CivicPlus facilitates an automated process for redirecting credit card payments to Client’s chosen payment gateways / merchant account processors. For card payments, CivicPlus will redirect any payments processing to the Client’s merchant account processor gateway, and the merchant account processor gateway presents the payment form page and processes the card payment. CivicPlus does not transmit, process or store cardholder data and does not present the payment form. CivicPlus implements and maintains PCI compliant controls for the system components and applications that provide the redirection services only.

8. Client understands and agrees that CivicPlus is not liable for any failure of service or breach of security by any merchant account processor gateway provider selected by Client, whether such provider is an Integrated Partner or not.

V. PD 06.01.2015-0048

Page 2 of 5 ends

Signature Page to Follow
V. PD 06.01.2015-0048

Page 3 of 5 ends

Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the MSA terms and conditions found at: https://www.civicplus.com/master-services-agreement.

IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below.

Client CivicPlus
By:
___________________________________
By:
___________________________________
Name:
___________________________________
Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
V. PD 06.01.2015-0048

Page 4 of 5 ends

Contact Information
*all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet.

Organization URL
________________________________________________________________________________________________________________________ Street Address
________________________________________________________________________________________________________________________ Address 2
________________________________________________________________________________________________________________________ City State Postal Code
________________________________________________________________________________________________________________________ CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays).

Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates.
________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone
________________________________________________________________________________________________________________________ Billing Contact E-Mail
________________________________________________________________________________________________________________________ Phone Ext. Fax
________________________________________________________________________________________________________________________ Billing Address
________________________________________________________________________________________________________________________ Address 2
________________________________________________________________________________________________________________________ City State Postal Code
________________________________________________________________________________________________________________________ Tax ID # Sales Tax Exempt #
________________________________________________________________________________________________________________________ Billing Terms Account Rep
________________________________________________________________________________________________________________________ Info Required on Invoice (PO or Job #)
________________________________________________________________________________________________________________________ Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ] Please list all external sources: _______________________________________________________________________________________________ Contract Contact Email
________________________________________________________________________________________________________________________ Phone Ext. Fax
________________________________________________________________________________________________________________________ Project Contact Email
________________________________________________________________________________________________________________________ Phone Ext. Fax
________________________________________________________________________________________________________________________ V. PD 06.01.2015-0048

Page 5 of 5 ends

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ASHLEY TAYLOR, ECONOMIC DEVELOPMENT AND RECREATION

DIRECTOR
DATE: AUGUST 1, 2022
SUBJECT: CLAGGETT WOLFE ASSOCIATES CONTRACT AMENDMENT
______________________________________________________________________

RECOMMENDATION
• Approve and authorize the City Manager to sign Amendment No. 1 to the Professional Services Agreement with Claggett Wolfe Associates

BACKGROUND
On July 6, 2020, the City Council directed staff to submit an application for Community Development Block Grant (CDBG) funding through the Department of Housing and Urban Development (HUD), which included funding to implement a Business Assistance Program. Council also approved a professional services agreement with Claggett Wolfe Associates to complete the grant application on behalf of the City and to administer the Business Assistance Program if the application was successful.

The City was awarded CDBG funding on November 23, 2020 for the Business Assistance Program and it was launched to the public in November of 2021.

ITEM ANALYSIS
Claggett Wolfe Associates was contracted as the Program Operator for the Business Assistance Program and worked with sub-recipients to work with businesses who were approved to participate.

During the implementation of Phase I of the program, it was determined that more work would need to be completed on end of Claggett Wolfe Associates and that their contract would need to be increased in order to fulfill the requirements of the program and ensure businesses received the services that were outlined to them and in a reasonable timeframe.

CLAGGETT WOLFE ASSOCIATES
August 1, 2022
2 FISCAL ANALYSIS
Claggett Wolfe’s current contract is in the amount of $60,000. The contract amendment would increase that amount to $80,000. The increase will be offset by a decreased billing to the North Coast Small Business Development Center and will not impact the total allocated funds associated with the administration of the Business Assistance Program.

STRATEGIC PLAN ASSESSMENT
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors o (A): Enhance collaboration with other agencies and the community to better aid the public
o (E): Target economic development improvements that provide additional benefit by enhancing the quality of life for residents
• Goal 2: Promote a thriving local economy
o (D): Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities o (E): Create an environment that is conducive to attracting and retaining strong, sustainable businesses that reflect community needs and culture o (F)(1): Streamline services that support new, existing, and prospective businesses
o (F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs

ATTACHMENTS

1. Claggett Wolfe Associates Agreement Amendment No.1
AMENDMENT NO. 1
TO

PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF CRESCENT CITY AND CLAGGETT WOLFE ASSOCIATES This Amendment No.1 is entered into by and between the City of Crescent City, a California municipal corporation, hereinafter referred to as the "CLIENT", and, Claggett Wolfe Associates, a California corporation, hereinafter referred to as the "CONSULTANT".

WHEREAS, CLIENT and CONSULTANT entered into a Consultant Agreement dated July 6, 2020 (“Contract”); and
WHEREAS, the Contract provides for Professional Services under the 2019-2020 Community Development Block Grant (CDBG) funding cycle, referenced in the Contract under Section 2(f); and
WHEREAS, some of the workload that was anticipated to be provided by the North Coast Small Business Development Center will be provided by CONSULTANT instead, and thus, the compensation set forth in the Contract require amendment at this time.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

A. COMPENSATION
The Contract provides for compensation to be paid by CLIENT to CONSULTANT based on a Not to Exceed amount of Sixty Thousand Dollars and Zero Cents ($60,000) under Section 3(a) and Exhibit C. This Amendment No. 1 shall serve to increase the Contract amount to “Not to Exceed Eighty Thousand Dollars and Zero Cents ($80,000).” B. TERMS AND CONDITIONS
Except as expressly modified in this Amendment No. 1, the terms and conditions of the Contract and the rights, duties, and obligations of the parties thereunder remain unchanged and continue in full force and effect.

IN WITNESS WHEREOF, the parties hereby executed this Amendment No. 1 on this 1st day of August 2022.

CITY OF CRESCENT CITY: CONSULTANT:

Eric Wier, City Manager Charles D. Wolfe, Jr. President Claggett Wolfe Associates
APPROVED AS TO FORM:

Martha Rice, City Attorney

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ASHLEY TAYLOR, ECONOMIC DEVELOPMENT AND RECREATION

DIRECTOR
DATE: AUGUST 1, 2022
SUBJECT: LIGHTHOUSE REPERTORY THEATRE CULTURAL CENTER USE

AGREEMENT
______________________________________________________________________

RECOMMENDATION
• Approve and authorize the City Manager to sign a Cultural Center Use Agreement between the City and Lighthouse Repertory Theatre

BACKGROUND
In April 2021, staff entered in a Temporary License Agreement with Lighthouse Repertory Theatre (LRT), which allowed LRT to store its equipment inside the Cultural Center and utilize the stage for performances. The intention was to return at a later date with a formalized, long-term agreement that would allow LRT to utilize the facility and make potential agreed upon renovations.

In May of 2022, staff met with members of the board for LRT and discussed moving forward with an agreement that would allow for more consistent use of the facility and for LRT to make facility improvements on a case-by-case basis.

ITEM ANALYSIS
The Cultural Center is currently under-utilized. Other than the space used by the Chamber of Commerce / Visitors Bureau, the building is rarely used outside of private rentals, such as weddings. LRT intends to use the space regularly to hold performances, rehearsals, and dinner events. LRT has agreed to schedule its activities around any existing and future rentals taking place in the Cultural Center and will not have exclusive use of the facility.

As part of this agreement, LRT will continue to store materials on the upper floor of the facility, including props, costumes, and set pieces. LRT is required to carry insurance and

CULTURAL CENTER USE AGREEMENT
AUGUST 1, 2022
2 release the City from liability for property damage or bodily injury resulting from LRT’s activities. The Agreement runs from August 1, 2022 through July 31, 2023, however, the City has the ability to cancel the agreement at any time upon 30 days’ written notice.

FISCAL ANALYSIS
LRT agrees to pay a monthly $200 rental fee to cover utility costs related to use of the facility. Additionally, LRT agrees to pay the City 40% of all ticket sales in relation to performances and any other revenue generating event put on by LRT in the Cultural Center.

STRATEGIC PLAN ASSESSMENT
• Goal 1: Support Quality Services, Community Safety, and Health to Enhance the Quality of Life and Experience of our Residents and Visitors o A. Enhance collaboration with other agencies and the community to better aid the public
• Goal 2: Promote a Thriving Local Economy
o A. Evaluate and optimize additional revenue sources
o F. Plan and prepare for the growth and future needs of the Crescent City community by:
▪ Maximizing the use of the Cultural Center in a way that provides measurable value to the community
▪ Supporting community partners whenever and wherever possible in their vitalization efforts

ATTACHMENTS

1. Cultural Center Use Agreement

CULTURAL CENTER USE AGREEMENT
This Cultural Center Use Agreement (“Agreement”) is entered into by and between the City of Crescent City, a California municipal corporation (“City”), and Lighthouse Repertory Theatre, a California non-profit corporation (“LRT”), for the purpose of providing LRT a location to store its property (props, costumes, sets, lighting, etc.) and to have a venue for rehearsals, performances and events.

RECITALS
A. City is the owner of that certain building known as the Cultural Center located at 1001 Front Street, Crescent City, California (the “Premises”).

B. LRT is a local nonprofit community theater company.

C. LRT is in need of a location to host its rehearsals and live performances.

AGREEMENT
NOW, THEREFORE, the parties hereto do mutually agree to the following terms and conditions:

1. Term. The term of this Agreement will commence on August 1, 2022 and continue through August 1, 2023, unless sooner terminated pursuant to the provisions stated herein. The parties agree to review the Agreement at six months and to negotiate in good faith any necessary adjustments to this Agreement.

2. Extended Term. This Agreement may be extended upon the mutual agreement of the parties, in writing, for up to two additional one-year terms.

3. License Granted. City hereby grants to LRT a temporary, non-exclusive, revocable license to utilize the Premises for the following purposes:
a. Store LRT property, including, but not limited to, props, costumes, stage sets, lighting and sound equipment (specific locations within the Cultural Center building where the LRT property will be store will be determined by City staff); b. Convene LRT board meetings;
c. Conduct rehearsals of LRT performances; and
d. Hold performances in front of live audiences.

4. Scope of License. The license granted hereunder is for the temporary, non-exclusive use of the Premises (specifically excluding areas occupied by the Crescent City-Del Norte Chamber of Commerce) according to the agreed upon schedule for the purposes identified herein. The schedule will be worked on and updated by Kurt Vandover of LRT and Ashley Taylor of the City. The parties will work together on the scheduling of community events and LRT events. The City will hold the official schedule. Included with the use of the Premises, is also the use of the tables and chairs located at the Premises as well as janitorial bathroom supplies.

5. Licensee Responsibilities. LRT will be responsible for the following during the term of this Agreement:
a. Provide all labor to setup and take down furnishings and equipment necessary for LRT activities (rehearsals, meetings, performances);
b. Provide all furnishings and equipment for rehearsals, meetings and performances (except for City tables and chairs located at the Premises); C u l t u r a l C e n t e r U s e A g r e e m e n t P a g e 2 | c. Provide all labor to restock the bathrooms and clean facility areas utilized after each use, including, but not limited to, the kitchen, bathrooms, stage, atrium, and auditorium;
d. Procure and maintain policies of insurance in the minimum amounts as required by the City herein.

6. License Fee. The fee for the license granted hereunder is $200 per month payable on or before the 1st day of the month for each and every month. A $20 late fee may be assessed if payment is late by more than 10 calendar days. Partial months at the beginning or the end of the term will be prorated on the basis of a 30-day month. In addition, LRT will pay to City 40% of the gate revenue, including presale tickets and event sales for entrance.

This expressly does not include bar sales or other product sales at the event.

7. Installation of Fixtures / Improvements. Any construction of facility improvements or installation of permanent fixtures will be paid for by LRT unless the City expressly approves the purchase of any item. LRT must receive written permission from the City Manager prior to constructing improvements or installing fixtures on the Premises.

Improvements will immediately become the property of the City once completed, fixtures will become the property of the City upon (1) the termination or expiration of this Agreement and (2) the donation or abandonment of them by LRT. If LRT chooses to remove any fixtures, it must repair any damage caused by the installation or removal of the fixtures. LRT agrees to allow the use of any installed fixtures, furnishings or improvements by users of the Cultural Center and will carry the necessary insurance to cover potentially incurred damages. LRT holds harmless the City, its elected and appointed officials, employees, contractors and volunteers, with respect to claims for damages to LRT’s fixtures, furnishings or improvements that are damaged by users of the Cultural Center.

8. Waiver of Liability and Indemnification. LRT warrants that it will use reasonable care to prevent damage to property and injury to persons while on the Premises. LRT hereby waives any claims it may have against City arising out of its use of the Premises under this Agreement, and releases and exculpates the City from any liability in connection with LRT’s use of the Premises hereunder. LRT hereby agrees to indemnify, defend, and hold harmless the City from any claim of damage to property or injury to person arising from LRT’s use of the Premises hereunder or a breach or default by LRT in the performance of any of its obligations or agreements hereunder, unless caused solely by the willful misconduct or gross negligence of the City. This paragraph will survive the expiration or earlier termination of this Agreement.

9. Insurance. LRT, at its sole cost and expense, agrees to maintain during the term of this Agreement a policy of commercial general liability insurance with minimum limits of not less than $2 million each occurrence. The insurance policy must be endorsed to: include the City, its elected and appointed officials, employees, agents and volunteers as additional insureds; insure on an occurrence and not a claims-made basis; provide that the policy may not be cancelled without 30 days’ notice to City; and contain contractual liability coverage.

10. Fire Risk. LRT must not do anything in the Premises or bring or keep anything therein which in any way increase or tend to increase the risk of fire or damage by explosion, or which will conflict with the regulations of the fire department or fire laws, or with any fire insurance policy on the building or any part thereof, or with any rules or ordinances C u l t u r a l C e n t e r U s e A g r e e m e n t P a g e 3 | established by the Del Norte County Health Department or with any municipal, state, county or federal laws, ordinances or regulations.

11. Termination. Regardless of anything to the contrary contained in this Agreement, the City will have the right to terminate this Agreement at any time upon 90 days’ written notice to LRT if the City determines in its sole and absolute discretion that termination is in the best interest of the City. After the specified termination date, neither party will have any further liabilities or obligations to the other party under this Agreement.

12. Removal of Property. Upon the expiration or earlier termination of the Agreement, LRT must remove all of its property stored at the Premises under this Agreement. Any property that LRT does not remove will be deemed abandoned and the City may dispose of it as it deems prudent. LRT will be responsible for the costs of such disposal, if any.

13. Notices. Any notice required or permitted to be given by either party upon the other must be in writing and given by hand delivery, certified mail, or overnight delivery service addressed as follows:

If to City:

City of Crescent City
Attn: City Manager
377 J Street
Crescent City, CA 95531
If to LRT:

Lighthouse Repertory Theatre
Attn: David McPhail
PO Box 171
Crescent City, CA 95531
Either party may change its address for delivery of notices by sending notice of such change as provided in this paragraph.

14. General Provisions.
a. Compliance with Laws. LRT agrees to comply with all applicable federal, state and local laws and regulations when performing activities in conjunction with this Agreement.
b. Entire Agreement. This instrument contains the entire agreement of the parties with respect to the subject matter contained herein. This Agreement supersedes any prior negotiations or representations, written or oral. No modification of amendment of this Agreement of any kind whatsoever may be made or claimed by either party and will have no force or effect whatsoever unless the same is evidenced by a writing signed by both parties.
c. Severability. In the event any term or provision of this Agreement is held to be illegal, invalid, unenforceable or inoperable as a matter of law, the remaining terms and provisions of this Agreement will not be affected thereby, but each such term and provision will remain valid and binding upon the parties. d. No Implied Waiver. No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, may be interpreted to constitute a waiver of that or any other right hereunder. e. No Assignment. LRT may not assign or otherwise transfer all or any part of its interest in this Agreement. Any attempt to do so is void and of no legal effect. f. Governing Law / Venue. This Agreement is to be construed under and in accordance with the laws of the State of California. Any court action commenced to interpret or enforce this Agreement must be brought in the Superior Court of C u l t u r a l C e n t e r U s e A g r e e m e n t P a g e 4 | California in and for Del Norte County, or the United States District Court for the Northern District of California, as applicable.
g. Attorney’s Fees. In the event that any legal proceeding is brought to interpret or enforce the terms of this Agreement, the prevailing party will be entitled to an award of reasonable attorney’s fees and costs.
h. Electronic Signatures. Each Party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The parties further agree that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties.

IN WITNESS WHEREOF, the parties hereto have cause this Agreement to be executed this ____ day of _____________ 2022 at Crescent City, California.

CITY OF CRESCENT CITY: LIGHTHOUSE REPERTORY THEATRE:

By: ______________________________
Eric Wier, City Manager
ATTEST:
__________________________________
Robin Altman, City Clerk
By:
_________________________________
David McPhail, CEO
APPROVED AS TO FORM:
__________________________________
Martha D. Rice, City Attorney

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: RICHARD GRIFFIN, CHIEF OF POLICE
DATE: AUGUST 1, 2022
SUBJECT: CCPD OES GRANT FUNDING FOR EQUIPMENT AND GENERATORS ______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and adopt Resolution No. 2022-55, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET
• Accept the grant funds and authorize the City Manager to sign any grant documents related to the FY 2019 Public Safety Power Shutoff Resiliency Allocation by Cal OES
• Accept the grant funds and authorize the City Manager to sign any grant documents related to the FY 2021 HSGP funding by the U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through Cal OES

BACKGROUND
In 2021 City staff were advised of various grant opportunities for local CalOES funds.

Chief Griffin put together a list of equipment that met the criteria of the different CalOES grants available, funded through the Homeland Security Grant Program. During 2021 the “Body of 7” consisting of representatives of the City Police Department, Crescent City Fire and Rescue, Del Norte County Sheriff Office, and Office of Emergency Services, reviewed the grant applications and decided on which to approve for funding. Earlier this year, the grant funding was awarded and then approved by the County.

CCPD OES GRANT FUNDING FOR EQUIPMENT AND GENERATORS
AUGUST 1, 2022
2 ANALYSIS
The Crescent City Police Department was approved for the following items:

From the FY 2021 HSGP funding ($27,038 with no required match):

1. Reimburse CCPD for the purchase of fifteen (15) IFAK trauma refill kits not to exceed thirteen hundred dollars and no cents ($1,300.00).

The Individual First Aid (IFAK) trauma refill kits contain lifesaving medical equipment that would be assigned to individual officers for regular carry while on patrol. The equipment would be utilized for officers and civilians as well.

2. Reimburse CCPD for the purchase of three (3) automated external defibrillators (AED) not to exceed five thousand six hundred five dollars and no cents ($5,605.00).

The automated external defibrillators (AED) would be carried in patrol vehicles and enhance the ability of officers to provide lifesaving efforts on medical calls.

Currently CCPD does not have AED’s assigned to patrol vehicles, and only has access to one AED inside the main station.

3. Reimburse CCPD for the purchase of two forward looking infrared (FLIR) devices not to exceed one thousand two hundred ninety dollars and no cents ($1,290.00).

The forward looking infrared (FLIR) devices would be utilized to enhance search efforts for people who are lost at nighttime and would also be used to locate suspects during high-risk searches at night.

4. Reimburse CCPD for the purchase of one (1) drone not to exceed one thousand four hundred forty-six dollars and no cents ($1,446.00).

The drone would be used to enhance CCPD’s response is assisting Search and Rescue units from the Del Norte County Sheriff’s Office in locating people who have been swept off the jetty, and during natural disasters to help locate citizens who have been stranded in areas that are not safe for personnel to access. In addition, the drone would be utilized to quickly, and accurately, map the scene of a traffic accident, and in some cases major crime scenes. The use of the drone will be regulated through CCPD, State, and Federal Guidelines, and be subject to a future public hearing as it will be listed the CCPD Military Equipment Use Policy.

5. Reimburse CCPD for the cost to hold training for threat recognition and joint intelligence analysis not to exceed three thousand three hundred ninety-five dollars and no cents ($3,395.00).
3 of Resolution No. 2022-55 both the General Fund revenues and expenses will be is in the amount of $5500 for the purchase of the inverter/generators. With the adoption and training and the FY 2019 Public Safety Power Shutoff Resiliency Allocation funding FY 2021 HSGP funding is in the amount of $27,038.00 for the purchase of the equipment

FINANCIAL IMPACT
charge phones and medical equipment for residents.
be used as backup generators around the City in emergency situations and to help essential devices and equipment for CCPD and allied agencies. They could also The two inverter/generators would be used in emergency situations to help power thousand five hundred dollars and no cents ($5,500.00).

1. Reimburse CCPD for the purchase of two inverter/generators not to exceed five required match):

From the FY 2019 Public Safety Power Shutoff Resiliency Allocation ($5,500 with no the current firearms that CCPD deploys.
situations. The equipment will be .43 caliber paintball guns that are replicas of to be utilized the training for active shooter events, and other force on force The non-lethal training equipment and ammunition would be acquired by CCPD cents ($4,665.00).
ammunition not to exceed four thousand six hundred sixty-five dollars and no

9. Reimburse CCPD for the purchase of non-lethal training equipment and six dollars and no cents ($2,546.00).
the county administration complex not to exceed two thousand five hundred fortyprevent radicalization and reporting of Domestic Violent Extremism to be held at

8. Reimburse CCPD for the cost of an exercise for suspicious activity reporting to five thousand ninety-three dollars and no cents ($5,093.00). prevent radicalization and reporting of Domestic Violent Extremism not to exceed

7. Reimburse CCPD for the cost of training for suspicious activity reporting to thousand six hundred ninety-eight dollars and no cents ($1,698.00). sharing exercise at the county administration complex not to exceed one

6. Reimburse CCPD for the cost of a threat recognition, information and intelligence of all first responder agencies in Del Norte County.
administration complex. The goal of this training is to enhance the collaboration This will include a threat recognition and response training at the county effort between CCPD, DNSO, and other allied agencies in Del Norte County.

The training for threat recognition and joint intelligence would be a collaborative AUGUST 1, 2022

CCPD OES GRANT FUNDING FOR EQUIPMENT AND GENERATORS

CCPD OES GRANT FUNDING FOR EQUIPMENT AND GENERATORS
AUGUST 1, 2022
4 increased by $32,538 resulting will have a net zero effect on the General Fund working capital balance.

STRATEGIC PLAN ANALYSIS
The equipment and generators being acquired meets the goals and objectives of Goal 1 “Support quality services and community safety to enhance the lives of our citizens and visitors”, Subsection C. “Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States”.

ATTACHMENTS
• Resolution No. 2022-55
• CCPD HSGP 21 subrecipient agreement
• CCPD PSPS Small generators subrecipient agreement
CITY OF CRESCENT CITY RESOLUTION NO. 2022-55 Page 1
RESOLUTION NO. 2022-55

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2022-23 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2022, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 20 th day of
June 2022; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, In 2021 City staff were advised of various grant opportunities for local CalOES funds; and
WHEREAS, The City Police Chief compiled a list of needed equipment that met the criteria of the of various grants and submitted application for funding; and WHEREAS, The “Body of 7” consisting of representatives of the City Police Department, Crescent City Fire and Rescue, Del Norte County Sheriff Office, and Office of Emergency Services, reviewed the grant applications and decided on which to approve for funding; and WHEREAS, The Crescent City Police Department was awarded funding through the Homeland Security Grant Program in the amount of $27,038 for multiple emergency response expenditures including Trauma First Aid Kits, automated external defibrillators (AED), Infrared Devices, Drone, Non-Lethal equipment, and training; and
WHEREAS, The Crescent City Police Department was awarded funding through the FY 2019 Public Safety Power Shutoff Resiliency Allocation in the amount of $5,500 for two inverter / generators to be used in emergency situations to help power essential devices and equipment for CCPD and allied agencies; and
WHEREAS, fulfillment of this priority requires an amendment to the City’s Fiscal Year 2022-23 budget.

CITY OF CRESCENT CITY RESOLUTION NO. 2022-55 Page 2

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

1. That the Fiscal Year 2022-23 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:

Revenue Increase (Decrease) Expenditure Increase (Decrease) General Fund
APPROVED and ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held on the 1
st day of August 2022 by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Jason Greenough, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk
$32,538 $32,538
Cal OES

SECOND-TIER SUBAWARD AGREEMENT

Page 1 ends

This Second-Tier Subaward Agreement (“Second-Tier Subaward”) is entered into by and between the County of Del Norte as the Subrecipient (“County” or “Subrecipient”);, and City of Crescent City as the Participating Agency (“Participating Agency”), for the Participating Agency to perform the work set forth in this Second-Tier Subaward. The County and Participating Agency are collectively referred to herein as the “Parties.”

RECITALS
Whereas, on March 3, 2022 the County was awarded FY 2021 HSGP funding by the U.S.

Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) through Cal OES;
Whereas, the County and California Office of Emergency Services (“Cal OES”) entered a Grant Subaward Agreement (“Grant Subaward”) Homeland Security Grant Program (HSGP) AL# 97.067 FAIN EMF-2021-SS-00081 (“Program”).

Whereas, the County is the organization identified as the Subrecipient on the Grant Subaward Face Sheet (Cal OES Form 2-101) for the Program that receives the Grant Subaward funds; Whereas, the County is authorized to enter into a second-tier subaward with one or more participating agencies to assist with the implementation of the Grant Subaward and to accomplish the goals and objectives thereof;
Whereas, the Participating Agency’s federal identification number is 94-6000552; Wheras, this second-tier subaward agreement is not a Research and Development Grant; Whereas, the County, and Participating Agency desire to enter this Second-Tier Subaward to set forth the roles and responsibilities of the Parties, including, but not limited to the Participating Agency’s role in assisting with the implementation of the Grant Subaward; and NOW, THEREFORE, for the consideration set forth herein, the Parties mutually agree as follows:

AGREEMENT

1. Titles and Contact Information. The titles and contact information for the individuals that will serve as the primary contacts for this Second-Tier Subaward are as follows:

County/Subrecipient: Neal Lopez
981 H St Suite 210
Crescent City, CA 95531
(707) 464-7214 [email protected]
Participating Agency: Eric Wier
City of Crescent City
377 J Street
Crescent City, CA 95531
707-464-7483 [email protected]

Page 2 ends

2. Term. The term of this Second-Tier Subaward shall commence on 5/1/2022 and shall expire on 3/31/2024. The Parties may agree to extend the term by mutual written agreement.

3. Roles and Responsibilities. The roles and responsibilities of the parties shall include, but are not specifically limited to the following:
a. County shall be responsible for
i) Reimbursing Participating Agency for the purchase of fifteen (15) IFAK trauma refill kits not to exceed thirteen hundred dollars and no cents ($1,300.00) ii) Reimbursing Participating Agency for the purchase of three (3) automated external defibrillators (AED) not to exceed five thousand six hundred five dollars and no cents ($5,605.00)
iii) Reimbursing Participating Agency for the purchase of two forward looking infrared (FLIR) devices not to exceed one thousand two hundred ninety dollars and no cents ($1,290.00) iv) Reimbursing Participating Agency for the purchase of one (1) drone not to exceed one thousand four hundred forty six dollars and no cents ($1,446.00) v) Reimbursing Participating Agency for the cost to hold training for threat recognition and joint intelligence analysis not to exceed three thousand three hundred ninety five dollars and no cents ($3,395.00).
vi) Reimbursing Participating Agency for the cost of a threat recognition, information and intelligence sharing exercise at the county administration complex not to exceed one thousand six hundred ninety eight dollars and no cents ($1,698.00) vii)Reimbursing Participating Agency for the cost of training for suspicious activity reporting to prevent radicalization and reporting of Domestic Violent Extremism not to exceed five thousand ninety three dollars and no cents ($5,093.00). viii) Reimbursing Participating Agency for the cost of an exercise for suspicious activity reporting to prevent radicalization and reporting of Domestic Violent Extremism to be held at the county administration complex not to exceed two thousand five hundred forty six dollars and no cents ($2,546.00).
ix) Reimbursing Participating Agency for the purchase of non-lethal training equipment and ammunition not to exceed four thousand six hundred sixty five dollars and no cents ($4,665) x) Sending the required Environmental & Historic Preservation (EHP) forms to Cal OES for FEMA approval.
xi) Sending the required Aircraft/Aviation-Related Equipment Request form to Cal OES for FEMA approval.
b. Participating Agency shall be responsible for
i) Purchasing fifteen (15) IFAK trauma refill kits not to exceed thirteen hundred dollars and no cents ($1,300.00)

Page 3 ends

ii) Purchasing three (3) automated external defibrillators (AED) not to exceed five thousand six hundred five dollars and no cents ($5,605.00)
iii) Purchasing two forward looking infrared (FLIR) devices not to exceed one thousand two hundred ninety dollars and no cents ($1,290.00)
iv) Purchasing one (1) drone not to exceed one thousand four hundred forty six dollars and no cents ($1,446.00)
v) Holding training for threat recognition and joint intelligence analysis not to exceed three thousand three hundred ninety five dollars and no cents ($3,395.00). vi) Holding a threat recognition, information and intelligence sharing exercise at the county administration complex not to exceed one thousand six hundred ninety eight dollars and no cents ($1,698.00)
vii)Holding training for suspicious activity reporting to prevent radicalization and reporting of Domestic Violent Extremism not to exceed five thousand ninety three dollars and no cents ($5,093.00).
viii) Holding an exercise for suspicious activity reporting to prevent radicalization and reporting of Domestic Violent Extremism not to exceed two thousand five hundred forty six dollars and no cents ($2,546.00).
ix) Purchasing non-lethal training equipment and ammunition not to exceed four thousand six hundred sixty five dollars and no cents ($4,665).
x) Equipment will be utilized in Del Norte County for the purpose of preparedness and response to emergency situations and to support state and local efforts to prevent terrorism and other catastrophic events.
xi) The Participating Agency is solely responsible for the service and maintenance of equipment and supplies provided under this agreement.
xii)The equipment and supplies granted shall be considered the property of Participating Agency. Participating Agency shall maintain and administer a sound business program for ensuring the proper use, protection, insurance and preservation of the equipment granted under this Agreement. Participating Agency may not sell, transfer or otherwise dispose of any equipment or supplies granted under this Agreement without prior approval by County.

Participating Agency shall take reasonable steps to ensure that all equipment and supplies granted under this agreement are made available for use pursuant to a bonafide request for mutual-aid or interagency disaster assistance.
xiii) Participating Agency will obtain three quotes for equipment, and training prior to purchase. The participating agency will use the lowest price option that meets the needs of the Participating Agency. If three quotes are not available this will be documented and the documentation provided to County prior to the purchase. xiv) Participating agency will fill out the EHP form for FEMA approval. FEMA approval is required prior to the Exercises being held.

Page 4 ends

xv) Participating agency will fill out the required Aircraft/Aviation-Related Equipment Request form for FEMA approval. FEMA approval is required prior to the purchase of the Drone. xvi) Participating Agency will track equipment purchased with grant funds and provide identification tag numbers, serial numbers or other form of tracking for equipment purchased.

The participating agency may obtain a identification sticker from County of Del Norte Office of Emergency Services if another tracking method is not available. xvii) Participating Agency shall follow the Standard Assurances For All Cal OES Federal Grant Programs attached hereto as Exhibit A.
xviii) Participating Agency will follow the County of Del Norte Office of Emergency Services Grants Monitoring Policies and Procedures attached hereto as Exhibit B. xix) Participating Agency will comply with annual equipment inventory requests from the county. Requested inventory information will be returned within ten (10) days. The County may inventory items in person with reasonable notice.
xx) Participating Agency will comply with Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), FEMA Policy #405-143-1.

The policy is available at
https://www.fema.gov/sites/default/files/documents/fema_prohibitions-expending-femaaward-funds-covered-telecommunications-equipment-services.pdf

4. Shared Resources. All non-fiscal resources shared between the Parties shall be as follows:
a. None

5. Reporting Requirements. Participating Agency shall comply with all reporting requirements necessary for the County to meet Cal OES reporting requirements, including but not limited to:
a. All reporting activities and records requirements set forth in; i) Standard Assurances For All Cal OES Federal Grant Programs attached hereto as Exhibit A. ii) County of Del Norte Office of Emergency Services Grants Monitoring Policies and Procedures attached hereto as Exhibit B.

Page 5 ends

obtained prior to purchase, copies of the invoices from the purchase and copies of proof of payment. An authorized representative of the Participating Agency shall sign and certify on each invoice that the costs for which reimbursement is requested are the actual costs as recorded in the Participating Agency’s records and as expended for the work actually performed in accordance with the terms of this Second-Tier Subaward.
c. Payment. Payment for allowable, approved expenses shall be made upon receipt by the County of an invoice. Payment shall be contingent upon County’s receipt of Grant Subaward funds and upon the Participating Agency’s compliance with the terms and conditions of this Second-Tier Subaward. All payments shall be subject to correction and adjustment upon audit or any disallowance. The Participating Agency is solely responsible for reimbursing the County for amounts paid to the Participating Agency but disallowed under the terms of this Second-Tier Subaward. The County reserves the right to withhold final payment under this Second-Tier Subaward until acceptance by the County of all services, reports, supplies and/or documentation called for hereunder. Payment terms are net 30 days computed either from the date of delivery and acceptance of the work or from the date of receipt of correct and proper invoices prepared in accordance with the terms of the Second-Tier Subaward, whichever date is later.

7. Compliance With All Applicable Requirements. Participating Agency shall comply with all applicable requirements of Notice of Funding Opportunity (NOFO) for the Program. Participating Agency shall further comply with all provisions of the California Supplement to the Federal Notice of Funding Opportunity concerning use of the Grant Subaward funds.

8. By entering this Second-Tier Subaward, Participating Agency acknowledges and represents that Participating Agency is familiar with the requirements of the NOFO and California Supplement to the Federal Notice of Funding Opportunity, as applicable, and certifies that Participating Agency will comply with all applicable requirements therein.

Participating Agency shall also comply with any and all applicable state or federal requirements necessary for carrying out its work under this Second-Tier Subaward. Participating Agency shall also comply with the assurances and requirements set forth in the 2021 HSGP Standard Assurances for All Cal OES Federal Grant Programs applicable to the Grant Subaward and/or the Program (Exhibit A).

9. Audits. Participating Agency shall be subject to audits and all audit requirements set forth in the NOFO and the CA Supplement. Further, County, or its duly authorized representatives shall, until three (3) years after final payment under this Second-Tier Subaward, have access to any of the Participating Agency’s records related to this Second-Tier Subaward, at the Participating Agency’s regular place of business, for the purpose of conducting audits. The period of access for records relating to a) appeals under a dispute, b) litigation or settlement of claims arising from the performance of this Second-Tier Subaward, or c) costs and expenses of this Second-Tier Subaward to which exception has been taken shall continue until such appeals, litigation, claims, or exceptions are disposed of.

Page 6 ends

any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the County. Participating Agency shall not incur or have the power to incur any debt, obligation or liability whatever against County, or bind the County in any manner.

11. Assignment. The Participating Agency may not assign, transfer or subaward any part of this Second-Tier Subaward, any interest herein or claims hereunder, without the prior, written approval of the County.

12. Termination. The County may at any time cancel this Second-Tier Subaward or renewal thereof, with or without cause, by giving thirty (30) days advance written notice to Participating Agency, which shall commence on the date of mailing of the written notice by certified mail or personal delivery. Thereafter, this Second-Tier Subaward shall become null and void except for the portion or portions of payment herein agreed upon for which expenses have been necessarily incurred in the performance of this Second-Tier Subaward.

13. General Release. The Participating Agency’s acceptance of payment of the final invoice under this Second-Tier Subaward shall release the County from all claims of the Participating Agency, and from all liability to the Participating Agency concerning the work.

14. Amendments and Modifications. By mutual written consent, the Parties may make modifications or changes to the work and/or to the terms of this Second-Tier Subaward. Any such modifications or changes shall be in the form of a written amendment signed by authorized representatives of all Parties.

15. Indemnification. Participating Agency shall defend, indemnify and hold harmless County, their officers, employees, and agents from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this Second-Tier Subaward. This indemnification provision shall survive termination of the Subaward and remain in effect.

16. Insurance. Participating Agency at its sole cost and expense, shall insure its activities in connection with this Second-Tier Subaward and maintain in force for the duration of this Second-Tier Subaward insurance as follows:
a. Coverage shall be at least as broad as:
i) Commercial General Liability (CGL): Insurance coverage on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ii) Automobile Liability: Insurance covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.
iii) Workers’ Compensation: as required by the State of California, with statutory limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
b. Additional Insurance Coverage:

Page 7 ends

To the extent coverage is applicable to Contractor’s services under this Contract, Contractor must maintain the following insurance coverage:
i) Cyber Liability: Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
ii) Professional Liability: Insurance appropriates to Contractor’s profession, with a limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. The policy shall remain in full force and effect for no less than 5 years following the completion of work under this Contract.
c. Other Insurance Provisions:
i) If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County. ii) Claims-made policies must be declared to and approved by the County’s Risk Management division prior to the execution of this agreement.
iii) The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Commercial General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor. iv) For any claims related to this Agreement, the Contractor’s insurance coverage shall be primary coverage as respects the County, its officers, officials, employees, and volunteers.

Any insurance or self-insurance maintained by the County shall be excess of the Contractor’s insurance and shall not contribute with it.
v) Each insurance policy required above shall provide that coverage shall not be canceled, except with written notice to the County thirty days prior to the policy’s termination date. vi) Contractor hereby grants to the County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer.
vii)Cyber Liability coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Contractor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, electronic funds transfer fraud, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

Page 8 ends

viii) The Contractor shall furnish the County with Certificates of Insurance including all required amendatory endorsements or copies of the applicable policy language affecting coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

17. Appropriated Funds. The continuation and renewal of this Second-Tier Subaward shall be subject to sufficient appropriated funds being received by County to administer and support the Program. In the event sufficient funds are not available or are discontinued at any time, the County may cancel this Second-Tier Subaward by delivering written notice to the Participating Agency.

18. Notices. All notices required or permitted by this Second-Tier Subaward shall be by written instrument and shall be mailed by certified mail or personally delivered to the respective primary contact listed in Section 1 of this Second-Tier Subaward.

19. Waiver. No waiver of any breach of this Second-Tier Subaward shall be held to be a waiver of any other subsequent breach. The failure of the County to enforce at any time any of the provisions of this Second-Tier Subaward, or to require at any time performance of any of the provisions thereof, shall in no way be construed to be a waiver of such provisions nor in any way affect the validity of this Second-Tier Subaward or effect the rights of the County to thereafter seek enforcement of the Second-Tier Subaward.

20. Applicable Law. This Second-Tier Subaward shall be interpreted and governed by the laws of the State of California and venue shall be the Superior Court for the County of Del Norte.

21. Entire Agreement. This Second-Tier Subaward is the complete agreement of the Parties and supersedes all prior understandings regarding the services provided hereunder.

22. Severability. If any provision of this Second-Tier Subaward is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired thereby.

23. Counterparts and Electronic Signatures. This Second-Tier Subaward may be executed in one or more counterparts, and counterparts may be exchanged by facsimile, email or other electronic transmission, each of which will be deemed an original, but all of which together constitute one and the same instrument.

IN WITNESS WHEREOF, the respective parties have executed this Subaward on the dates indicated below.
***********
COUNTY OF DEL NORTE as
Subrecipient
By:

City of Crescent City as
Participating Agency
By:

Page 9 ends

(Signature of Authorized Official of County)
Name: __________________________
Title: ___________________________
Date: ___________________________
(Signature of authorized official of Participating
Agency)
Name:

Title:

Date: __________________________________

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 1 of 14 ends

Exhibit A
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.

I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity(NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant ProgramGuidelines.

Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.

State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:

1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated asrequired;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 2 of 14 ends

Exhibit A
(d) Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and (e) Official executing this agreement is authorized by the Applicant.

This Proof of Authority must be maintained on file and readily available upon request.

2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.

3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of 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 grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying”, in accordance with itsinstructions.
(c) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts,subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and discloseaccordingly.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 3 of 14 ends

Exhibit A
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.

Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.

4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R.

Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its principals, recipients, or subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (2)(b) of this certification;and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.

Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.

5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to nondiscrimination, including:

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 4 of 14 ends

Exhibit A
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs andservices; (b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs; (e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), whichprohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abusetreatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin; (i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public ContractCode § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 5 of 14 ends

Exhibit A
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which all applicants and recipients must comply with equal treatment policies and requirements contained in 6 C.F.R. Part19;
(l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.

6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.

7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California PublicResources Code §§ 21000- 21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 6 of 14 ends

Exhibit A
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmentaland human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazardsin floodplains in accordance with Executive Order 11988; (g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation ofwetlands;
(i) The Safe Drinking Water Act of 1974, (P.L.93-523);
(j) The Endangered Species Act of 1973, (P.L.93-205);
(k) Assurance of project consistency with the approved statemanagement program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wildand scenic rivers system.

The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 7 of 14 ends

Exhibit A

8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will cause tobe performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.

9. Cooperation and Access to Records
All Applicants must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.

10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.

11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that no subrecipient, recipient, or subrecipient shall submit a false claim for payment, reimbursement or advance.

12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), specifically (a) the reporting of subawards obligating $30,000 or more in federal funds and (b) executive compensation data for first-tier subawards. This includes the provisions of FFATA, which includes requirements for executive compensation, and also requirements implementing the Act for the non-federal entity at 2 C.F.R. Part 25 Financial Assistance Use of Universal Identifier and Central Contractor Registration and 2 C.F.R. Part 170 Reporting Subaward and Executive Compensation Information.

13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 8 of 14 ends

Exhibit A

14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits grant award recipients or a subrecipient from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.

15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and
(b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and othernon-profit organizations.

16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.

17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase; (b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisitionis
$10,000 or more;
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 9 of 14 ends

Exhibit A
(c) Assist the awarding agency in assuring compliance with Section 106 of the (d) National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and (e) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.

18. Certifications Applicable Only to Federally-Funded ConstructionProjects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications;and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.

19. Use of Cellular Device While Driving isProhibited
Applicants are required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 10 of 14 ends

Exhibit A

20. California Public Records Act and Freedom of InformationAct The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.

HOMELAND SECURITY GRANT PROGRAM
(HSGP) – PROGRAM SPECIFIC ASSURANCES /

CERTIFICATIONS

21. Acknowledgment of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

22. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

23. Best Practices for Collection and Use of Personally Identifiable Information(PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collectPII are required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template a useful resource respectively.

24. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 11 of 14 ends

Exhibit A

25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal
statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons.

However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.

26. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

27. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.

28. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B138942.

29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, all Applicants must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 12 of 14 ends

Exhibit A

30. Non-supplanting Requirement
All recipients who receive federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

31. Patents and Intellectual PropertyRights
Unless otherwise provided by law, recipients are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

32. SAFECOM
All recipients who receive federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

33. Terrorist Financing
All recipients must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

34. Reporting of Matters Related to Recipient Integrity andPerformance If the total value of the recipient’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the
government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 13 of 14 ends

Exhibit A

35. USA Patriot Act of 2001
All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

36. Use of DHS Seal, Logo, and Flags
All recipients must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

37. Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, subrecipients must demonstrate howthe grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.

38. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs

Page 14 of 14 ends

Exhibit A

IMPORTANT
The purpose of the assurance is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, etc. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.

All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the subrecipient may be ineligible for award of any future grants if the Cal OES determines that any of the following has occurred: (1) the recipient has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.

All of the language contained within this document must be included in the award documents for all subawards at all tiers. All recipients are bound by the Department of Homeland Security Standard Terms and Conditions 2021, Version 11.4, hereby incorporated by reference, which can be found at:
https://www.dhs.gov/publication/fy15-dhs-standard-terms-and-conditions.

The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.

Subrecipient:

Signature ofAuthorized Agent:

Printed Name of AuthorizedAgent:

Title: Date:

Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit B - Page 1 of 8
1 EXHIBIT B

GRANTS MONITORING

COUNTY OF DEL NORTE OFFICE

OF EMERGENCY SERVICES

GRANTS MONITORING

POLICIES & PROCEDURES MANUAL
March 2021

TABLE OF CONTENTS
I. MONITORING PROGRAM OVERVIEW ...................................................................... 3 II. COMPLIANCE MONITORING PLAN/ RISK ASSESSMENT ................................. 5 Ill. COMPLIANCE REVIEW PROCESS .............................................................................. 6 Approved and Adopted as an official procedure for Del Norte County Office of Emergency Services:

Date: tJS,/.1-2/
Date
Grants Monitoring Procedures Manual - Version 1.0 - March 2021 2 Exhibit B - Page 2 of 8
/
«
Neal Lopee, Djrector of OES
Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit B - Page 3 of 8
3 MONITORING PROGRAM OVERVIEW
Federal grants are subject to federal, state, and local government administrative requirements, cost principles, and audit requirements. The County of Del Norte Office of Emergency Services (DNCO OES) ensures that grants are managed appropriately using a risk-based compliance assessment model and by performing analytical and financial compliance reviews.

Grants Monitoring is comprised of monitors that assist Subrecipients to ensure compliance with applicable regulations, laws, and Grant Subaward provisions.

Items that monitors examine include:
 Organization operations
 Internal and management controls
 Policies and procedures
 Financial reports
 Grant Subaward-related activities and expenditures
High-risk Subrecipients are identified through the annual risk assessment further discussed below. Monitoring reviews are used to provide technical assistance and trainings for Subrecipients to enable the Subrecipients to maintain funding and follow the applicable rules and regulations.

There are four key components the DNCO OES monitoring program model ensures:

1. Subrecipients are monitored during the term of the Grant Subaward;

2. Monitoring efforts focus on the areas of most significant risk;

3. All monitoring findings are addressed through appropriate corrective actions; and

4. Ongoing financial and administrative training and technical assistance is provided to Subrecipients to enable them to comply with Grant Subaward requirements and maintain their funding.

DNCO OES uses the following methods to monitor Subrecipient risk:
 Day-to-Day communication: OES and/or County administrative personnel (“Monitors”) maintain ongoing communication with Subrecipients to provide programmatic guidance and review reimbursement requests.
 Limited Scope Desk and Field Compliance Reviews: Limited scope reviews allow the Subrecipients to make certain assertions regarding various aspects of their operations, or provide Monitors an opportunity to verify the eligibility of expenditures charged to the Grant Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit B - Page 4 of 8
4 Subaward/s. These reviews consist of, but are not limited to, the following:
• Targeted compliance questionnaire reviews and follow-up corrective action, if required;
• Payment reviews of invoices and other documents supporting a reimbursement claimed by and made to the Subrecipient;
• Review most recent Independent Audit Report(s);
• Field inspection to verify equipment purchases and test equipment management practices; and
• Follow-up virtual and/or site visit(s) to verify implementation of required corrective action.

The scope of the review can be expanded if needed.
 Technical Assistance Services: To ensure Subrecipients are educated regarding Grant Subaward requirements, high-risk problem areas are identified and tracked through the monitoring process and serve as the basis to plan and formulate technical assistance and training for Subrecipients. Monitors provide technical assistance through training (either group or one-on-one), web publications and resources and through the provision of the Subrecipient self-assessment tools. Subrecipients are also supplied information about training opportunities provided by Cal OES and FEMA.

Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit B - Page 5 of 8
5 COMPLIANCE MONITORING PLAN / RISK ASSESSMENT
The Annual Compliance Monitoring Plan identifies the proposed Subrecipients eligible for a compliance review for the year. The Annual Compliance Monitoring Plan is developed based on the annual risk assessment. The Plan is developed on a fiscal year basis beginning in July and ending in June of the following year.

Risk Factor Analysis and Monitoring Selection
An accurate risk assessment is critical to the success of the DNCO OES’s compliance review efforts. DNCO OES Subrecipients are weighted using the risk factors and scores to identify potential problems before they occur so that risk-handling activities may be planned to mitigate adverse impact on the results. Although Subrecipients identified as high risk are the main objective of the Monitors, medium and low-risk Subrecipients can be selected for a monitoring visit. Medium and low-risk Subrecipients may be monitored based on anonymous tips, requests from Subrecipients, or management directive/County discretion.

Risk Assessment Process

1. Obtain a list of all Subrecipients and associated grants from the FMFWs from the prior 3 years.

2. Filter by Subrecipient to show all grants the Subrecipient received from DNCO OES.

3. Review Compliance Monitoring database.

The two (2) Subrecipients with the most accrued points will receive Compliance Monitoring that year. (The County reserves the right to determine placement of other Subrecipients on the Annual Compliance Monitoring Plan for reasons stated above.)
Criteria Points Awarded
New Subrecipient (Subrecipients with no awards within the last 10 years) 3 Subrecipients with three (3) or more grants awarded within the time frame 5 + 3 ea. addt’l grant Total award within period is equal to or greater than $50,000 5 + 3 ea. addt’l $25k Last compliance review more than 3 years ago (previous Subrecipients) 3pts Previous compliance monitoring finding (within 5 years) 5pts Previous independent audit finding (within 5 years) 5pts The Annual Compliance Monitoring Plan is prepared by the DNCO OES and is approved by the County Administrative Officer and/or the Assistant County Administrative Officer.

Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit B - Page 6 of 8
6 COMPLIANCE REVIEW PROCESS
Compliance Review
The objective of a compliance review is to ensure the Subrecipient complies with the Code of Federal Regulations, applicable state laws, and other governing regulations, internal policies, and general good business practices. The compliance review process is outlined below:

Notification Letter: The compliance review begins with the issuance of a notification letter.

The purpose of this letter is to notify the point of contact listed for the Subrecipient in writing that a compliance review will be conducted. The letter identifies the grant(s) selected for review, scope of the review, due date for documents requested, and proposed date of field inspection.

Request for Documentation: A request for documentation is included with the notification letter. These records might include, but are not limited to, contracts, invoices, procurement records, indirect costs methodology, property ledger, and personnel ledger, including timesheets and supporting documentation to support match.

Internal Controls Questionnaire: An internal controls questionnaire is included with the notification letter. The questionnaire asks specific questions regarding internal controls, procurement process, personnel, and amount of state and federal grant funding received.

Entrance Conference (Meeting): An entrance conference is scheduled with the Subrecipient’s executive management and key personnel to discuss the purpose, objectives and scope of the compliance review. The Monitor will explain the compliance review process, review the documentation provided and follow up on any missing/incomplete records, and inquire if there are any specific areas where the Subrecipient would like focused technical assistance. Additionally, the Monitor will confirm the date of the field inspection.

Field Inspection: During the field inspection, the Monitor(s) will visit the Subrecipient's physical location to verify equipment purchases and test equipment management practices.

Exit Conference: The lead Monitor will schedule an Exit Conference with the Subrecipient within 30 days of the Field Inspection to discuss the results of the compliance review and any concerns that may have arisen. A draft compliance report will be provided to the Subrecipient no less than three (3) working days before the exit conference. The exit conference provides an opportunity to resolve any questions the Subrecipient may have about the concerns raised Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit B - Page 7 of 8
7 and address any other issues before the compliance report is finalized.

Paperwork and Reporting
Good documentation throughout the Compliance Review Process helps support conclusions, build trust between the Grantee and Subrecipient, and assists with providing technical assistance as needed.

Working Papers: Monitors should prepare and organize their working papers in a manner that helps provide an appropriate quality review. The Monitors should avoid preparing or accumulating unnecessary working papers or making extensive copies of the Subrecipient records. It is neither necessary nor practical for the monitors to document every matter considered during the review. Documentation supporting all findings must be retained in the working file. Good working papers should meet the monitoring requirements by displaying the following characteristics:
 State the dates of the review, as well as the year of the grant(s) under review, so that the working paper is not confused with documentation belonging to a different year/period;  List what was reviewed in the limited scope desk and field inspection review. This will enable the Monitor, and any subsequent reviewers, to determine the sufficiency of the review evidence provided by the working paper;
 Document any technical assistance requested and/or provided;  Working papers should clearly and objectively state the results of each tenant of the limited scope desk and filed inspection compliance reviews;  Conclusions should be consistent with the results of the review and should be able to withstand independent scrutiny;
 Working papers should be signed by the person who prepares them; and  Working papers should be signed and dated by any person who reviews them; and  Working papers should be filed appropriately as to be found easily when required at a later date.

Working papers should provide evidence that an effective, efficient, and accurate review has been carried out. They should be completed in a manner so that a Monitor with no previous experience of the review can understand the work completed and how the conclusion was reached.

Compliance Review Report: The next step is to issue the compliance review report to the Subrecipient including senior management and key administrative staff. The report outlines all non-compliance issues and findings, provides recommendations for improvement and may request the Subrecipient generate a CAP.

Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit B - Page 8 of 8
8 Findings: A finding is an operational deficiency in internal controls, noncompliance with provisions of laws, regulations, contracts, Grant Subawards, or fraud, waste and abuse.

Recommendations: A recommendation must provide a course of action that will correct a finding or issue that has been identified and provide improvements. Recommendations should be action-oriented, convincing, well-supported, and effective.

Questioned Costs: A questioned cost can result from a violation, or possible violation, of a statute, regulation, or the terms and conditions of a federal Grant Subaward. In addition, it could be a cost not supported by adequate documents, or appears unreasonable and does not reflect the actions a prudent Subrecipient would take in the circumstances.

Disallowed Costs: A disallowed cost is a charge that the pass-through entity determines to be unallowable according to the Code of Federal Regulations and the State or County Administrative Manual. Some examples of disallowed costs can be the purchase of alcohol, lobbying, or costs pertaining to waste, fraud, and abuse.

CAP: Once the Subrecipient receives the compliance review report, they will have 30 days to either dispute the findings or provide a CAP to correct and address any finding(s). After a CAP is received, the Subrecipient has six months from the date of the report to implement the CAP and to pay back any disallowed costs. If necessary, follow-up reviews will be conducted by the County to ensure that corrective actions are implemented timely.

If a Subrecipient fails to comply with the required necessary corrections identified, funding may be suspended until corrections are completed. Failure to comply with grant requirements may subject the Subrecipient to Special Conditions of future funding opportunities or the Subrecipient may be required to pay back a reimbursement.

Closing Letter: Once the CAP is received and the Subrecipient has satisfactorily addressed and/or corrected all findings, Grants Management will issue a closing letter informing the Subrecipient that the compliance review is closed.

Appeals Process: If the Subrecipient does not agree with the finding, they have 30 days from the date the compliance review report is issued to dispute the finding in writing and provide additional supporting documentation. If the finding is not cleared with the additional information provided, a notification letter will be issued. The Subrecipient may appeal the decision to the County within 30 days of the notification letter. The final decision on any appeal rests with the County Administrative Officer.

Cal OES

SECOND-TIER SUBAWARD AGREEMENT

Page 1 ends

RECITALS
Whereas, on October 25, 2019 the County was approved for the FY 2019 Public Safety Power Shutoff Resiliency Allocation by Cal OES;
Whereas, the County is the organization identified as the Subrecipient on the Notification of subrecipient allocation;
Whereas, the County is authorized to enter into a second-tier subaward with one or more participating agencies to assist with the implementation of the Grant Subaward and to accomplish the goals and objectives thereof;
Whereas, the Participating Agency’s federal identification number is 94-6000552; Whereas, this second-tier subaward agreement is not a Research and Development Grant; Whereas, the County, and Participating Agency desire to enter this Second-Tier Subaward to set forth the roles and responsibilities of the Parties, including, but not limited to the Participating Agency’s role in assisting with the implementation of the Grant Subaward; and NOW, THEREFORE, for the consideration set forth herein, the Parties mutually agree as follows:

AGREEMENT

1. Titles and Contact Information. The titles and contact information for the individuals that will serve as the primary contacts for this Second-Tier Subaward are as follows:

2. Term. The term of this Second-Tier Subaward shall commence on 5/1/2022 and shall expire on 10/15/2022. The Parties may agree to extend the term by mutual written agreement.

3. Roles and Responsibilities. The roles and responsibilities of the parties shall include, but are not specifically limited to the following:

Page 2 ends

a. County shall be responsible for
i) Reimbursing Participating Agency for the purchase of two inverter/generators not to exceed five thousand five hundred dollars and no cents ($5,500.00) b. Participating Agency shall be responsible for
i) Purchasing of two inverter/generators not to exceed five thousand five hundred dollars and no cents ($5,500.00)
ii) The Participating Agency is solely responsible for the service and maintenance of equipment and supplies provided under this agreement.
iii) The equipment and supplies granted shall be considered the property of Participating Agency. Participating Agency shall maintain and administer a sound business program for ensuring the proper use, protection, insurance and preservation of the equipment granted under this Agreement. Participating Agency may not sell, transfer or otherwise dispose of any equipment or supplies granted under this Agreement without prior approval by County.

Participating Agency shall take reasonable steps to ensure that all equipment and supplies granted under this agreement are made available for use pursuant to a bonafide request for mutual-aid or interagency disaster assistance.
iv) Participating Agency will obtain three quotes for equipment prior to purchase. The participating agency will use the lowest price option that meets the needs of the Participating Agency. If three quotes are not available this will be documented and the documentation provided to County prior to the purchase.
v) Participating Agency will track equipment purchased with grant funds and provide identification tag numbers, serial numbers or other form of tracking for equipment purchased.

The participating agency may obtain an identification sticker from County of Del Norte Office of Emergency Services if another tracking method is not available. vi) Participating Agency will follow the County of Del Norte Office of Emergency Services Grants Monitoring Policies and Procedures attached hereto as Exhibit A. vii)Participating Agency will comply with annual equipment inventory requests from the county.

Requested inventory information will be returned within ten (10) days. The County may inventory items in person with reasonable notice.

4. Shared Resources. All non-fiscal resources shared between the Parties shall be as follows:
a. None

5. Reporting Requirements. Participating Agency shall comply with all reporting requirements necessary for the County to meet Cal OES reporting requirements, including but not limited to:
a. All reporting activities and records requirements set forth in; i) County of Del Norte Office of Emergency Services Grants Monitoring Policies and Procedures attached hereto as Exhibit A.

Page 3 ends

6. Transfer of Grant Subaward Funds.
a. Total Amount of Funds. The total amount of Grant Subaward funds that may be transferred to the Participating Agency under this Second-Tier Subaward is five thousand five hundred dollars and no cents ($5,500.00)
b. Invoicing The Participating Agency shall submit invoices for approval to the County not more frequently than monthly and not less frequently than annually. In order to be eligible for reimbursement, invoices shall be for allowable, approved costs incurred in accordance with the terms of this Second-Tier Subaward. All invoices submitted under this Second-Tier Subaward including the final invoice must be received by the County no later than fifteen (15) days after the end of the reporting period for that invoice. All invoices should include: Grant Subaward number, Program name, the period for which payment is being requested, copies of the quotes obtained prior to purchase, copies of the invoices from the purchase and copies of proof of payment. An authorized representative of the Participating Agency shall sign and certify on each invoice that the costs for which reimbursement is requested are the actual costs as recorded in the Participating Agency’s records and as expended for the work actually performed in accordance with the terms of this Second-Tier Subaward.
c. Payment. Payment for allowable, approved expenses shall be made upon receipt by the County of an invoice. Payment shall be contingent upon County’s receipt of Grant Subaward funds and upon the Participating Agency’s compliance with the terms and conditions of this Second-Tier Subaward. All payments shall be subject to correction and adjustment upon audit or any disallowance. The Participating Agency is solely responsible for reimbursing the County for amounts paid to the Participating Agency but disallowed under the terms of this Second-Tier Subaward. The County reserves the right to withhold final payment under this Second-Tier Subaward until acceptance by the County of all services, reports, supplies and/or documentation called for hereunder. Payment terms are net 30 days computed either from the date of delivery and acceptance of the work or from the date of receipt of correct and proper invoices prepared in accordance with the terms of the Second-Tier Subaward, whichever date is later.

7. Compliance With All Applicable Requirements. Participating Agency shall comply with all applicable requirements of the Notification of Subrecipient Allocation for the Program.

8. By entering this Second-Tier Subaward, Participating Agency acknowledges and represents that Participating Agency is familiar with the requirements of the Notification of Subrecipient Allocation, as applicable, and certifies that Participating Agency will comply with all applicable requirements therein.

Participating Agency shall also comply with any and all applicable state or federal requirements necessary for carrying out its work under this Second-Tier Subaward.

9. Audits. Participating Agency shall be subject to audits and all audit requirements set forth in the Notification of Subrecipient Allocation. Further, County, or its duly authorized representatives shall, until three (3) years after final payment under this Second-Tier Subaward, have access to any of the Participating Agency’s records related to this Second-Tier Subaward, at the Participating Agency’s regular place of business, for the purpose of conducting audits. The period of access for records relating to a) appeals under a dispute, b) litigation or settlement of claims arising from the performance of this Second-Tier Subaward, or c) costs and expenses of this Second-Tier Subaward

Page 4 ends

to which exception has been taken shall continue until such appeals, litigation, claims, or exceptions are disposed of.

10. Independent Contractor. Participating Agency is and shall at all times remain as to the County a wholly independent contractor. The personnel performing the services under this Second-Tier Subaward on behalf of Participating Agency shall at all times be under Participating Agency’s exclusive direction and control. Neither County or their employees or agents shall have control over the conduct of Participating Agency or any of Participating Agency’s officers, employees or agents, except as set forth in this Second-Tier Subaward. Participating Agency shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the County. Participating Agency shall not incur or have the power to incur any debt, obligation or liability whatever against County, or bind the County in any manner.

Page 5 ends

ii) Automobile Liability: Insurance covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with a limit no less than $1,000,000 per accident for bodily injury and property damage.
iii) Workers’ Compensation: as required by the State of California, with statutory limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
b. Additional Insurance Coverage:

Page 6 ends

claims involving security breach, system failure, data recovery, business interruption, cyber extortion, electronic funds transfer fraud, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
viii) The Contractor shall furnish the County with Certificates of Insurance including all required amendatory endorsements or copies of the applicable policy language affecting coverage. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

20. Applicable Law. This Second-Tier Subaward shall be interpreted and governed by the laws of the State of California and venue shall be the Superior Court for the County of Del Norte.

21. Entire Agreement. This Second-Tier Subaward is the complete agreement of the Parties and supersedes all prior understandings regarding the services provided hereunder.

IN WITNESS WHEREOF, the respective parties have executed this Subaward on the dates indicated below.

Page 7 ends

***********
COUNTY OF DEL NORTE as
Subrecipient
By:
(Signature of Authorized Official of County)
Name: __________________________
Title: ___________________________
Date: ___________________________
City of Crescent City as
Participating Agency
By:
(Signature of authorized official of Participating
Agency)
Name:

Title:

Date: __________________________________

Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit A - Page 1 of 8
1 EXHIBIT A

GRANTS MONITORING

COUNTY OF DEL NORTE OFFICE

OF EMERGENCY SERVICES

GRANTS MONITORING

POLICIES & PROCEDURES MANUAL
March 2021

Date: tJS,/.1-2/
Date
Grants Monitoring Procedures Manual - Version 1.0 - March 2021 2 Exhibit A - Page 2 of 8
/
«
Neal Lopee, Djrector of OES
Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit A - Page 3 of 8
3 MONITORING PROGRAM OVERVIEW
Federal grants are subject to federal, state, and local government administrative requirements, cost principles, and audit requirements. The County of Del Norte Office of Emergency Services (DNCO OES) ensures that grants are managed appropriately using a risk-based compliance assessment model and by performing analytical and financial compliance reviews.

Grants Monitoring is comprised of monitors that assist Subrecipients to ensure compliance with applicable regulations, laws, and Grant Subaward provisions.

There are four key components the DNCO OES monitoring program model ensures:

1. Subrecipients are monitored during the term of the Grant Subaward;

2. Monitoring efforts focus on the areas of most significant risk;

3. All monitoring findings are addressed through appropriate corrective actions; and

4. Ongoing financial and administrative training and technical assistance is provided to Subrecipients to enable them to comply with Grant Subaward requirements and maintain their funding.

DNCO OES uses the following methods to monitor Subrecipient risk:
 Day-to-Day communication: OES and/or County administrative personnel (“Monitors”) maintain ongoing communication with Subrecipients to provide programmatic guidance and review reimbursement requests.
 Limited Scope Desk and Field Compliance Reviews: Limited scope reviews allow the Subrecipients to make certain assertions regarding various aspects of their operations, or provide Monitors an opportunity to verify the eligibility of expenditures charged to the Grant Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit A - Page 4 of 8
4 Subaward/s. These reviews consist of, but are not limited to, the following:
• Targeted compliance questionnaire reviews and follow-up corrective action, if required;
• Payment reviews of invoices and other documents supporting a reimbursement claimed by and made to the Subrecipient;
• Review most recent Independent Audit Report(s);
• Field inspection to verify equipment purchases and test equipment management practices; and
• Follow-up virtual and/or site visit(s) to verify implementation of required corrective action.

Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit A - Page 5 of 8
5 COMPLIANCE MONITORING PLAN / RISK ASSESSMENT
The Annual Compliance Monitoring Plan identifies the proposed Subrecipients eligible for a compliance review for the year. The Annual Compliance Monitoring Plan is developed based on the annual risk assessment. The Plan is developed on a fiscal year basis beginning in July and ending in June of the following year.

Risk Assessment Process

1. Obtain a list of all Subrecipients and associated grants from the FMFWs from the prior 3 years.

2. Filter by Subrecipient to show all grants the Subrecipient received from DNCO OES.

3. Review Compliance Monitoring database.

Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit A - Page 6 of 8
6 COMPLIANCE REVIEW PROCESS
Compliance Review
The objective of a compliance review is to ensure the Subrecipient complies with the Code of Federal Regulations, applicable state laws, and other governing regulations, internal policies, and general good business practices. The compliance review process is outlined below:

Notification Letter: The compliance review begins with the issuance of a notification letter.

Field Inspection: During the field inspection, the Monitor(s) will visit the Subrecipient's physical location to verify equipment purchases and test equipment management practices.

Exit Conference: The lead Monitor will schedule an Exit Conference with the Subrecipient within 30 days of the Field Inspection to discuss the results of the compliance review and any concerns that may have arisen. A draft compliance report will be provided to the Subrecipient no less than three (3) working days before the exit conference. The exit conference provides an opportunity to resolve any questions the Subrecipient may have about the concerns raised Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit A - Page 7 of 8
7 and address any other issues before the compliance report is finalized.

Grants Monitoring Procedures Manual – Version 1.0 – March 2021 Exhibit A - Page 8 of 8
8 Findings: A finding is an operational deficiency in internal controls, noncompliance with provisions of laws, regulations, contracts, Grant Subawards, or fraud, waste and abuse.

CITY COUNCIL AGENDA REPORT
TO: MAYOR GREENOUGH AND MEMBERS OF THE COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ROBIN ALTMAN, CITY CLERK/ADMINISTRATIVE ANALYST
DATE: AUGUST 1, 2022
SUBJECT: VOTING DELEGATE AND ALTERNATE DESIGNATION AND FOR THE 2022 LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE
______________________________________________________________________

RECOMMENDATION
• Hear staff report
• Technical questions for the Council
• Receive public comment
• Further Council discussion
• Designate two members of the City Council to serve as the Voting Delegate and an Alternate for the League of California Cities Annual Conference

BACKGROUND
The League of California Cities will be hosting its annual conference September 7 – 9 in Long Beach and requests Council action to designate a voting delegate and an alternate The voting delegate, or the alternate, will be representing the City on the position for the League resolution for the 2022 Annual Conference.

ANALYSIS
See attached memo from the League regarding this designation.

FISCAL ANALYSIS
There is no fiscal impacts as a result of this action.

ATTACHMENT(S)

LEAGUE OF

CALIFORNIA
CITIES
Council Action Advised by August 31, 2022
DATE: June 1, 2022
TO: City Managers and City Clerks

DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference 8. Expo - September 7-9, 2022 RE:

Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference. Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’ s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have vour city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished bv individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. 1400 K Street Suite 400, Sacramento, CA 95814 • 916.658.8200 • caicities.org

LEAGUE OF

CALIFORNIA
CITIES
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday,September 7, 8:00 a.m.- 6:00 p.m.;Thursday,September 8, 7:00 a.m.- 4:00 p.m.; and Friday, September 9, 7:30 a.m.-l2:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’ s voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254. Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org f

LEAGUE OF

CALIFORNIA
CITIES
Annual Conference Voting Procedures
One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy. 1 .

Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee. 2.

Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 3.

Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 4.

Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 5.

Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 6.

Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. 7.
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

LEAGUE OF

CALIFORNIA CITY
CITIES
2022 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Friday, September 2, 2022. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming fhaf fhedesignation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name:

Title:

2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name:

Title: Title:

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that fhe information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: Email
Mayor or City Clerk Date Phone
(circle one) ( signature)
Please complete and return by Friday, September 2, 2022 to:

Darla Yacub, Assistant to the Administrative Services Director E-mail: [email protected]: Phone: (916) 658-8254

Crescent City City CouncilAugust 1, 2022

Crescent City City Council
August 1, 2022