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Agenda, closed session, first session

Crescent City City Council
December 18, 2023

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Agenda, closed session, first session
Meeting
December 18, 2023
Body
Crescent City City Council
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12/18/23 COUNCIL AGENDA

CITY OF CRESCENT CITY
Mayor Blake Inscore Mayor Pro Tem Ray Altman
Council Member Jason Greenough Council Member Kelly Schellong Council Member Isaiah Wright
MONDAY DECEMBER 18, 2023 6:00 P.M.

CLOSED SESSION BEGINS AT 5:00 P.M.

OPEN SESSION BEGINS AT 6:00 P.M.

This meeting will be held in person at the location listed above. The City will provide alternative methods of participation for the convenience of the public. The City does not, however, guarantee that there will not be technological issues or interruptions. The public is hereby notified that if there is a technological issue with Zoom or YouTube, the meeting will continue in person as scheduled. The public may access and participate in the public meeting using one or more of the following methods:
1) The meeting will be streamed via Zoom (details below). The direct Zoom link will also be posted on the City of Crescent City website (www.crescentcity.org). During the meeting, public comment may be made by using the raise hand feature on Zoom; ZOOM PHONE NUMBER: 1 (253) 215-8782 ZOOM WEBINAR ID: 812 0624 1494 MUTE / UNMUTE PRESS *6 RAISE HAND PRESS *9
2) The meeting will also be streamed on YouTube (channel: City of Crescent City, California), public comment may be made by calling in to the meeting using the Zoom phone number; 3) Public comments may also 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 MEETING OF THE

CITY COUNCIL OF THE CITY OF CRESCENT CITY

FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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12/18/23 COUNCIL AGENDA

CLOSED SESSION
Call to order
Roll call

CLOSED SESSION PUBLIC COMMENT PERIOD

CLOSED SESSION
Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9) • Crescent City v. Lounge Chair Investments, et al. (Del Norte Superior Court Case No.

CVUJ-2022-1131
Conference with Legal Counsel – Potential Litigation (Gov. Code § 54956.9(c)): 8 cases

OPEN SESSION
Call to order
Roll call
Pledge of Allegiance

REPORT OUT OF CLOSED SESSION

CEREMONIAL ITEMS
• Oath of Office for Police Officer Axel Aguilera
• CCPD Detective Assignment

REPORTS AND PRESENTATIONS
• Tolowa Dee-ni’ Youth Program

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.
➢ 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.

CONSENT CALENDAR

1. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period November 18, 2023 through December 1, 2023.
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12/18/23 COUNCIL AGENDA

2. Council Meeting Minutes
• Recommendation: Approve the December 4, 2023 meeting minutes for the City Council.

3. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending December 2, 2023, paid December 8, 2023.

4. Border Coast Regional Airport Authority Resolution
• Recommendation: Approve and adopt Resolution No. 2023-85, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPOINTING ONE

MEMBER AND ONE ALTERNATE MEMBER TO THE BORDER COAST REGIONAL

AIRPORT AUTHORITY BOARD OF COMMISSIONERS

5. Mutal Aid Agreement with National Parks Service
• Recommendation: Approve and authorize the City Manager and Chief of Police to sign the General Agreement Between the National Parks Service and the Crescent City Police Department

6. Cal OES Reimbursement for Fire Mutal Aid – Smith River Complex Fire • Recommendation: Approve and adopt Resolution No. 2023-86, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE CITY BUDGET FOR FY 2023-24

7. City Hall and Corporation Yard Building Maintenance
• Recommendation: Approve and adopt Resolution No. 2023-87, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY

8. Phase 2 of Cultural Center / Joint Visitor’s Center Evaluation • Recommendation: Approve and authorize the City Manager to sign Amendment No. 5 to the Agreement for Professional Services Agreement with Greenworks, PC • Approve and adopt Resolution No. 2023-88, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY

9. Prohousing Designation Program Application
• Recommendation: Approve and adopt Resolution No. 2023-89, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING AN

APPLICATION TO AND PARTICIPATION IN THE PROHOUSING DESIGNATION

PROGRAM

10. State Water Resources Control Board Arrearages Payment Program Application • Recommendation: Authorize the submittal of an application for funding under the State Water Resources Control Board Arrearages Payment Program for Water and Wastewater

11. Budget Amendment for NPDES Permit Expenses
• Recommendation: Approve and adopt Resolution No. 2023-90, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY
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12/18/23 COUNCIL AGENDA

12. Revised LMIHF Loan Agreement with GS Valhalla, LP
• Recommendation: Ratify the City Manager’s execution of the REVISED Low-and Moderate-Income Housing Asset Fund Loan Agreement Between the City of Crescent City and GS Valhalla, LP

13. CDBG Public Hearing Revised Meeting Minutes
• Recommendation: Adopt the revised meeting minutes for the October 16, 2023 Council meeting

ADJOURN TO THE CRESCENT CITY HOUSING AUTHORITY

CONSENT

14. Consent to Assignment of Section 8 HAP Contract for Valhalla Townhomes • Recommendation: Ratify the Housing Director’s execution of the Assignment, Assumption and Amendment Agreement – Section 8 Housing Assistance Payments Contract

ADJOURN TO THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY

CONSENT CALENDAR

15. Recognized Obligation Payment Schedule Pursuant to Health and Safety Code Section 34177(I) for the Period July 1, 2024 through June 30, 2025 • Recommendation: Approve and adopt Resolution No. SA2023-02, A RESOLUTION

OF THE SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT

AGENCY OF THE CITY OF CRESCENT CITY APPROVING A RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD JULY 1, 2024 THROUGH JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(I) AND (m)
• Direct staff to (1) update ROPS 2024-2025 with updated 2023-2024 actual results if necessary and (2) submit to the Oversight Board for approval

RECONVENE THE CITY COUNCIL MEETING

PUBLIC HEARING

16. USDA Community Facilities Grant Program Application • Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Close public hearing
• Further Council discussion
• Direct staff to prepare an application under the United States Department of Agriculture (USDA) Community Facilities Grant Program for a Fire Vehicle ($50,000) CONTINUING BUSINESS - None

NEW BUSINESS

17. Forest Moon Festival Budget and DNACA Partnership
• Recommendation: Hear staff report
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12/18/23 COUNCIL AGENDA
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Direct City staff to:

1. Include a $7,000 increase to the 2023-24 Fiscal Year Budget at mid-year for the Forest Moon Festival

2. Include a $4,000 increase to the 2023-24 Fiscal Year Budget at mid-year to reimburse DNACA for expenses related to the first Concert in the Park, coinciding with the Forest Mon Festival

3. Return to Council with a Partnership Agreement between eh City and DNACA to offer Concerts in the Park in 2024

18. Cooperative Purchasing Agreement for Pump Track
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign a Cooperative Purchasing Agreement between the City of Crescent City and American Ramp Company, Inc. for the construction of a pump track at Beachfront Park
• Approve and adopt Resolution No. 2023-91, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY DETERMINING THE BEACHFRONT

PARK PUMP TRACK TO BE CATEGORICALLY EXEMPT FROM CEQA

19. Closure of Tsunami Memorial Fountain Plaza Between 11:00 p.m. and 5:00 a.m. • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Waive full reading, read by title only and introduce Ordinance No. 838, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING SECTION 12.20.10 OF CHAPTER 12.20, PARK REGULATIONS OF TITLE 12, STREETS, SIDEWALKS AND PUBLIC PLACES, OF THE CRESCENT

CITY MUNICIPAL CODE

20. Sewer Rate Study Professional Services Agreement
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign a Professional Services Agreement with Wildan Financial Services for a Sewer Utility Rate Study • Approve and adopt Resolution No. 2023-92, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY

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.
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12/18/23 COUNCIL AGENDA
➢ 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.)

ADJOURNMENT
Adjourn to the regular meeting of the City Council of the City of Crescent City on Tuesday, January 16, 2024 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.

POSTED:

December 15, 2023
/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

Accounts Payable
User:

Printed:
[email protected]
12/6/2023 12:42 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 11/22/2023 0.00 6,898.53 ACH FITTAX FIT Payroll Taxes Auto Pay 11/22/2023 0.00 29,092.29 444385 GARYBUCH Gary R. Buchholz 11/22/2023 0.00 2,449.24 444386 CASTATE CA State Disbursement Unit 11/22/2023 0.00 358.12 444387 NCHEAL Sydney M Clinton 11/22/2023 0.00 180.00
444388 WAMUTU Crescent City Employees Association 11/22/2023 0.00 65.00 444389 CCPOLI Crescent City Police Officer's Association 11/22/2023 0.00 550.00 444390 ICMARE Mission Square 11/22/2023 0.00 3,047.36
444391 PARS PARS, Public Agency Retirement 11/22/2023 0.00 300.00 444392 PORACRMT PORAC RMT 11/22/2023 0.00 2,400.00
444393 CAPLIVE Secure Screening Solutions, Inc 11/22/2023 0.00 44.00 444394 ZCAJUSTA ST CA Dept Of Justice 11/22/2023 0.00 98.00 444395 AFFORDAB Affordable Tow and Auto Care 11/30/2023 0.00 140.00 444396 PATCHROB Robin Altman 11/30/2023 0.00 30.00
444397 AMAZON Amazon Capital Services, Inc 11/30/2023 0.00 3,162.89 444398 AUTOZONE Auto Zone 11/30/2023 0.00 12.00
444399 Badawi Badawi & Associates 11/30/2023 0.00 11,423.25 444400 BLUEST Blue Star Gas Associates 11/30/2023 0.00 218.06 444401 BORGSEP Joey Borges 11/30/2023 0.00 1,800.00
444402 CURRYE Brad Coleman Inc 11/30/2023 0.00 130.21
444403 BUDGE Budge & Mchugh Supply Co., Inc. 11/30/2023 0.00 1,418.88 444404 CAMPTO Campton Electric Inc 11/30/2023 0.00 89.33 444405 CARAHSOF Carahsoft Technology Corporation 11/30/2023 0.00 14.99 444406 CHARTEC Charter Communications 11/30/2023 0.00 123.63 444407 CLAGWOLF Claggett Wolfe Associates Inc. 11/30/2023 0.00 3,740.00 444408 BATTSYS Continental Battery Company 11/30/2023 0.00 234.87 444409 CORPRO Corrpro Companies Inc. 11/30/2023 0.00 860.00 444410 FORGETME Kacy Curtis 11/30/2023 0.00 400.00
444411 DNCOUN D N Co Unified School Dst 11/30/2023 0.00 8,284.25 444412 DNCBOS Del Norte County 11/30/2023 0.00 160.00
444413 DNLOCA Del Norte Local Agency 11/30/2023 0.00 37,968.50 444414 ESO ESO Solutions, Inc. 11/30/2023 0.00 2,125.00 444415 VERIZO2 Frontier California Inc 11/30/2023 0.00 790.00 444416 GRAING Grainger 11/30/2023 0.00 6,148.55
444417 HDFOWLER H. D. Fowler Company, Inc 11/30/2023 0.00 9,570.53 444418 HARDY Hardy Diagnostics 11/30/2023 0.00 1,716.54 444419 Home Dep Home Depot Credit Services 11/30/2023 0.00 8,005.76 444420 QUALITYC ICC Codification, Inc 11/30/2023 0.00 767.00 444421 RECALL Iron Mountain 11/30/2023 0.00 139.93
444422 LESSCH Les Schwab Tire Centers of California Inc 11/30/2023 0.00 29.00 444423 Lexipol Lexipol LLC 11/30/2023 0.00 6,110.38
444424 LEXISNEX LexisNexis Risk Data Management Inc 11/30/2023 0.00 200.00 444425 LNLINDUS LNL Industries 11/30/2023 0.00 38,709.02 444426 THRIFT Malcolm Kelly Inc. 11/30/2023 0.00 1,269.43 444427 MISSIO Mission Linen Supply 11/30/2023 0.00 128.53 444428 MORJON Mor-Jon Inc 11/30/2023 0.00 18.33
444429 NANMCK Nan McKay & Assocociate Inc 11/30/2023 0.00 1,318.00 AP Checks by Date - Summary by Check Number (12/6/2023 12:42 PM) Page 1 Check No Vendor No Vendor Name Check Date Void Checks Check Amount 444430 JACOBS Operations Management International, Inc. 11/30/2023 0.00 120,786.83 444431 OREILLY O'Reilly Auto Enterprises LLC 11/30/2023 0.00 41.09 444432 PARKWA Parkway Feed Inc 11/30/2023 0.00 189.88
444433 CCGLAS Alan Porteous 11/30/2023 0.00 170.00
444434 PRDIAMON PR Diamond Products Inc. 11/30/2023 0.00 808.00 444435 CAMPSPOT Rezplot Systems, LLC 11/30/2023 0.00 564.30 444436 ROSSJAN Matthew Ross 11/30/2023 0.00 140.00
444437 SOUTHERN Southern Oregon Wireless Inc 11/30/2023 0.00 550.00 444438 ZCAWTR1 St Wtr Resource Cntrl Brd 11/30/2023 0.00 235.00 444439 DNOFFI Debra Stover 11/30/2023 0.00 49.54
444440 CHAMPI1 Susan Tagudin-Root 11/30/2023 0.00 25.00 444441 RAYMOR UBEO West, LLC 11/30/2023 0.00 293.01
444442 UNIVAR Univar Solutions USA Inc. 11/30/2023 0.00 12,292.28 444443 CALCARDS US Bank Corporate Pmt Systems 11/30/2023 0.00 17,591.31 444444 VERITONE Veritone, Inc. 11/30/2023 0.00 1,500.00 444445 VERIZO3 Verizon Wireless Services LLC 11/30/2023 0.00 4,731.88 444446 WAHLUN Wahlund Construction Inc 11/30/2023 0.00 8,695.28 444447 CACEHA Wiececke and Associates 11/30/2023 0.00 3,103.74 444448 ZUMAR Zumar Industries Inc 11/30/2023 0.00 582.72 Report Total (66 checks): 0.00 365,089.26
AP Checks by Date - Summary by Check Number (12/6/2023 12:42 PM) Page 2 AP
11-18-23 to 12-01-23 Council
User: [email protected]
Printed: 12/6/2023 12:40:55 PM
Check Numbe Check Date Acct 1 Description Amount Selected For Void 0 11/22/2023 610-000-2185-00000 PR Batch 00002.11.2023 State Income Tax 2,932.26 False 0 11/22/2023 610-000-2185-00000 PR Batch 00022.11.2023 State Income Tax 2,420.18 False 0 11/22/2023 610-000-2185-00000 PR Batch 00222.11.2023 State Income Tax 1,546.09 False 0 11/22/2023 610-000-2189-00000 PR Batch 00222.11.2023 Federal Income Tax 4,476.48 False 0 11/22/2023 610-000-2188-00000 PR Batch 00222.11.2023 Medicare Employee Portion 543.70 False 0 11/22/2023 610-000-2188-00000 PR Batch 00002.11.2023 Medicare Employer Portion 1,624.86 False 0 11/22/2023 610-000-2189-00000 PR Batch 00022.11.2023 Federal Income Tax 7,777.94 False 0 11/22/2023 610-000-2188-00000 PR Batch 00022.11.2023 Medicare Employer Portion 1,250.76 False 0 11/22/2023 610-000-2189-00000 PR Batch 00002.11.2023 Federal Income Tax 9,999.23 False 0 11/22/2023 610-000-2188-00000 PR Batch 00222.11.2023 Medicare Employer Portion 543.70 False 0 11/22/2023 610-000-2188-00000 PR Batch 00022.11.2023 Medicare Employee Portion 1,250.76 False 0 11/22/2023 610-000-2188-00000 PR Batch 00002.11.2023 Medicare Employee Portion 1,624.86 False 444385 11/22/2023 001-240-4407-00000 Background Investigations - Police 2,449.24 False 444386 11/22/2023 610-000-2170-00000 PR Batch 00002.11.2023 Child Support-CA 96.00 False 444386 11/22/2023 610-000-2170-00000 PR Batch 00002.11.2023 Child Support CA Flat Amt 2 103.36 False 444386 11/22/2023 610-000-2170-00000 PR Batch 00002.11.2023 Child Support-CA 158.76 False 444387 11/22/2023 001-240-4407-00000 Pre-Employment Screening - Police 45.00 False 444387 11/22/2023 001-230-4407-00000 Pre-Employment Screening - Fire 45.00 False 444387 11/22/2023 001-480-4407-00000 Pre-Employment Screening - Pool 90.00 False 444388 11/22/2023 610-000-2184-00000 PR Batch 00002.11.2023 CCEA Monthly Dues 55.00 False 444388 11/22/2023 610-000-2184-00000 PR Batch 00022.11.2023 CCEA Monthly Dues 10.00 False 444389 11/22/2023 610-000-2181-00000 PR Batch 00022.11.2023 CCPOA Dues 550.00 False 444390 11/22/2023 610-000-2186-00000 Plan # 306752 192.98 False 444390 11/22/2023 610-000-2186-00000 Plan # 306752 920.28 False 444390 11/22/2023 610-000-2178-00000 Plan # 300878 441.71 False 444390 11/22/2023 610-000-2186-00000 Plan # 306752 208.64 False 444390 11/22/2023 610-000-2178-00000 Plan # 300878 1,125.00 False 444390 11/22/2023 610-000-2178-00000 Plan #300878 115.00 False 444390 11/22/2023 610-000-2186-00000 Plan # 306752 43.75 False 444391 11/22/2023 630-111-4409-00000 Sept 23 300.00 False 444392 11/22/2023 610-000-2182-00000 PR Batch 00011.11.2023 PORAC RMT 600.00 False 444392 11/22/2023 610-000-2182-00000 PR Batch 00022.10.2023 PORAC RMT 600.00 False 444392 11/22/2023 610-000-2182-00000 PR Batch 00011.10.2023 PORAC RMT 600.00 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 1 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444392 11/22/2023 610-000-2182-00000 PR Batch 00022.11.2023 PORAC RMT 600.00 False 444393 11/22/2023 001-230-4407-00000 Pre-Employment fingerprinting - Fire 22.00 False 444393 11/22/2023 001-240-4407-00000 Pre-Employment fingerprinting - Police 22.00 False 444394 11/22/2023 001-230-4407-00000 Pre-employment Fingerprinting - Fire 32.00 False 444394 11/22/2023 001-240-4407-00000 Pre-employment Fingerprinting - Police 66.00 False 444395 11/30/2023 508-508-4390-00000 Tow #8 140.00 False 444396 11/30/2023 001-110-4515-00000 Reimbursement for Smith retirement plaque 30.00 False 444397 11/30/2023 001-130-4310-00000 CH Office Supplies 0.24 False 444397 11/30/2023 419-130-4310-00000 CH Office Supplies 0.20 False 444397 11/30/2023 001-313-4310-00000 CH Office Supplies 0.48 False 444397 11/30/2023 413-111-4310-00000 CH Office Supplies 0.31 False 444397 11/30/2023 001-364-4310-00000 CH Office Supplies 0.33 False 444397 11/30/2023 001-480-4310-00000 CH Office Supplies 0.21 False 444397 11/30/2023 419-120-4310-00000 CH Office Supplies 1.88 False 444397 11/30/2023 001-113-4310-00000 CH Office Supplies 0.92 False 444397 11/30/2023 001-471-4310-00000 CH Office Supplies 0.10 False 444397 11/30/2023 001-250-4310-00000 CH Office Supplies 0.21 False 444397 11/30/2023 001-111-4310-00000 CH Office Supplies 0.33 False 444397 11/30/2023 413-357-4310-00000 CH Office Supplies 1.26 False 444397 11/30/2023 420-115-4310-00000 CH Office Supplies 4.29 False 444397 11/30/2023 001-470-4310-00000 CH Office Supplies 0.40 False 444397 11/30/2023 001-471-4310-00000 CH Office Supplies 0.22 False 444397 11/30/2023 001-480-4310-00000 CH Office Supplies 0.48 False 444397 11/30/2023 413-352-4310-00000 CH Office Supplies 0.33 False 444397 11/30/2023 001-111-4310-00000 CH Office Supplies 0.74 False 444397 11/30/2023 001-470-4310-00000 CH Office Supplies 0.18 False 444397 11/30/2023 419-371-4310-00000 CH Office Supplies 2.70 False 444397 11/30/2023 419-120-4310-00000 CH Office Supplies 4.22 False 444397 11/30/2023 001-113-4310-00000 CH Office Supplies 2.08 False 444397 11/30/2023 419-130-4310-00000 CH Office Supplies 0.45 False 444397 11/30/2023 412-100-4310-00000 CH Office Supplies 0.67 False 444397 11/30/2023 001-364-4310-00000 CH Office Supplies 0.74 False 444397 11/30/2023 001-120-4310-00000 CH Office Supplies 3.82 False 444397 11/30/2023 413-120-4310-00000 CH Office Supplies 4.22 False 444397 11/30/2023 413-353-4310-00000 CH Office Supplies 0.71 False 444397 11/30/2023 001-112-4310-00000 CH Office Supplies 0.56 False 444397 11/30/2023 001-251-4310-00000 CH Office Supplies 0.56 False 444397 11/30/2023 001-313-4310-00000 CH Office Supplies 1.08 False 444397 11/30/2023 001-250-4310-00000 CH Office Supplies 0.48 False 444397 11/30/2023 001-130-4310-00000 CH Office Supplies 0.55 False 444397 11/30/2023 419-111-4310-00000 CH Office Supplies 0.31 False 444397 11/30/2023 413-111-4310-00000 CH Office Supplies 0.70 False 444397 11/30/2023 001-114-4310-00000 CH Office Supplies 2.19 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 2 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444397 11/30/2023 001-350-4310-00000 CH Office Supplies 0.73 False 444397 11/30/2023 413-130-4310-00000 CH Office Supplies 0.44 False 444397 11/30/2023 001-112-4310-00000 CH Office Supplies 0.25 False 444397 11/30/2023 419-371-4310-00000 CH Office Supplies 1.20 False 444397 11/30/2023 001-350-4310-00000 CH Office Supplies 1.63 False 444397 11/30/2023 001-251-4310-00000 CH Office Supplies 0.25 False 444397 11/30/2023 412-120-4310-00000 CH Office Supplies 0.44 False 444397 11/30/2023 419-111-4310-00000 CH Office Supplies 0.71 False 444397 11/30/2023 001-120-4310-00000 CH Office Supplies 1.70 False 444397 11/30/2023 413-352-4310-00000 CH Office Supplies 0.15 False 444397 11/30/2023 413-120-4310-00000 CH Office Supplies 1.88 False 444397 11/30/2023 412-100-4310-00000 CH Office Supplies 0.30 False 444397 11/30/2023 413-353-4310-00000 CH Office Supplies 0.32 False 444397 11/30/2023 413-130-4310-00000 CH Office Supplies 0.20 False 444397 11/30/2023 001-114-4310-00000 CH Office Supplies 0.97 False 444397 11/30/2023 412-120-4310-00000 CH Office Supplies 0.19 False 444397 11/30/2023 420-115-4310-00000 CH Office Supplies 1.91 False 444397 11/30/2023 413-357-4310-00000 CH Office Supplies 0.56 False 444397 11/30/2023 001-114-4310-00000 CH Office Supplies 27.47 False 444397 11/30/2023 413-352-4310-00000 CH Office Supplies 4.18 False 444397 11/30/2023 412-100-4310-00000 CH Office Supplies 8.37 False 444397 11/30/2023 419-111-4310-00000 CH Office Supplies 8.85 False 444397 11/30/2023 413-353-4310-00000 CH Office Supplies 8.84 False 444397 11/30/2023 419-130-4310-00000 CH Office Supplies 5.58 False 444397 11/30/2023 413-357-4310-00000 CH Office Supplies 15.82 False 444397 11/30/2023 001-130-4310-00000 CH Office Supplies 6.98 False 444397 11/30/2023 413-120-4310-00000 CH Office Supplies 53.06 False 444397 11/30/2023 001-350-4310-00000 CH Office Supplies 20.48 False 444397 11/30/2023 419-120-4310-00000 CH Office Supplies 53.06 False 444397 11/30/2023 001-230-4550-00000 Management book 58.83 False 444397 11/30/2023 001-230-4550-00000 NFPA 1037&1730 books, CA Fire Laws Code Book, (4) IFSTA textbook 684.71 False 444397 11/30/2023 001-480-4310-00000 CH Office Supplies 6.05 False 444397 11/30/2023 001-471-4310-00000 CH Office Supplies 2.79 False 444397 11/30/2023 001-251-4310-00000 CH Office Supplies 6.98 False 444397 11/30/2023 413-111-4310-00000 CH Office Supplies 8.85 False 444397 11/30/2023 001-313-4310-00000 CH Office Supplies 13.50 False 444397 11/30/2023 001-364-4310-00000 CH Office Supplies 9.31 False 444397 11/30/2023 001-111-4310-00000 CH Office Supplies 9.31 False 444397 11/30/2023 412-120-4310-00000 CH Office Supplies 5.58 False 444397 11/30/2023 001-120-4310-00000 CH Office Supplies 47.95 False 444397 11/30/2023 001-250-4310-00000 CH Office Supplies 6.06 False 444397 11/30/2023 001-113-4310-00000 CH Office Supplies 26.07 False 444397 11/30/2023 001-112-4310-00000 CH Office Supplies 6.98 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 3 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444397 11/30/2023 419-371-4310-00000 CH Office Supplies 33.98 False 444397 11/30/2023 413-130-4310-00000 CH Office Supplies 5.58 False 444397 11/30/2023 420-115-4310-00000 CH Office Supplies 54.00 False 444397 11/30/2023 001-470-4310-00000 CH Office Supplies 5.12 False 444397 11/30/2023 412-120-4310-00000 CH Office Supplies 5.17 False 444397 11/30/2023 413-357-4310-00000 CH Office Supplies 14.64 False 444397 11/30/2023 001-350-4310-00000 CH Office Supplies 18.94 False 444397 11/30/2023 001-250-4310-00000 CH Office Supplies 5.60 False 444397 11/30/2023 001-480-4310-00000 CH Office Supplies 5.59 False 444397 11/30/2023 001-120-4310-00000 CH Office Supplies 44.36 False 444397 11/30/2023 412-100-4310-00000 CH Office Supplies 7.76 False 444397 11/30/2023 419-130-4310-00000 CH Office Supplies 5.16 False 444397 11/30/2023 419-120-4310-00000 CH Office Supplies 49.08 False 444397 11/30/2023 420-115-4310-00000 CH Office Supplies 49.95 False 444397 11/30/2023 413-352-4310-00000 CH Office Supplies 3.88 False 444397 11/30/2023 413-130-4310-00000 CH Office Supplies 5.16 False 444397 11/30/2023 001-364-4310-00000 CH Office Supplies 8.61 False 444397 11/30/2023 001-313-4310-00000 CH Office Supplies 12.49 False 444397 11/30/2023 413-120-4310-00000 CH Office Supplies 49.09 False 444397 11/30/2023 413-353-4310-00000 CH Office Supplies 8.18 False 444397 11/30/2023 001-471-4310-00000 CH Office Supplies 2.59 False 444397 11/30/2023 419-371-4310-00000 CH Office Supplies 31.43 False 444397 11/30/2023 413-111-4310-00000 CH Office Supplies 8.19 False 444397 11/30/2023 001-130-4310-00000 CH Office Supplies 6.45 False 444397 11/30/2023 419-111-4310-00000 CH Office Supplies 8.18 False 444397 11/30/2023 001-251-4310-00000 CH Office Supplies 6.45 False 444397 11/30/2023 001-113-4310-00000 CH Office Supplies 24.11 False 444397 11/30/2023 001-470-4310-00000 CH Office Supplies 4.74 False 444397 11/30/2023 419-371-4230-00000 2 new phones & cases for meter readers 1,257.58 False 444397 11/30/2023 419-372-4390-41028 Exhaust Fan 54.23 False 444397 11/30/2023 001-114-4310-00000 CH Office Supplies 25.40 False 444397 11/30/2023 001-111-4310-00000 CH Office Supplies 8.62 False 444397 11/30/2023 001-112-4310-00000 CH Office Supplies 6.46 False 444398 11/30/2023 508-508-4390-00000 Duralast Belt 12.00 False 444399 11/30/2023 413-120-4420-00000 Regular Audit Services 2,554.65 False 444399 11/30/2023 001-120-4420-00000 Regular Audit Services 3,870.45 False 444399 11/30/2023 419-120-4420-00000 Regular Audit Services 2,097.00 False 444399 11/30/2023 412-120-4420-00000 Regular Audit Services 207.90 False 444399 11/30/2023 001-120-4420-2020S Measure S Audit Services 1,125.00 False 444400 11/30/2023 001-240-4220-00000 Propane 10/12-11/14 - Acct # 02-1038315 11.00 False 444400 11/30/2023 001-230-4220-00000 Finannce Charge - Acct # 02-0009979 2.88 False 444400 11/30/2023 001-240-4220-00000 Finance Charge - Acct # 02-1038315 2.00 False 444400 11/30/2023 001-230-4220-00000 Propane FY23/24 - Acct # 02-0009979 202.18 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 4 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444401 11/30/2023 413-356-4390-35020 Emergency vacuum trailer for septic system during Smith River Co 1,800.00 False 444402 11/30/2023 001-364-4390-10025 Saw repair 130.21 False 444403 11/30/2023 901-364-4799-FSTGI 8 quantity G-5 valve boxes and lids 918.60 False 444403 11/30/2023 919-371-4799-37118 Couplings, check valves 500.28 False 444404 11/30/2023 001-364-4350-10023 Relay 89.33 False
444406 11/30/2023 001-230-4230-00000 Cable & Internet Service- 123.63 False 444407 11/30/2023 153-485-4796-20bap 20-CDBG-12056 Business Assistance Program Operator 1,622.50 False 444407 11/30/2023 153-485-4796-20bap 20-CDBG-12056 Business Assistance Program Operator 2,117.50 False 444408 11/30/2023 419-371-4390-00000 Battery 234.87 False 444409 11/30/2023 419-371-4450-00000 Washington Tank Annual inspection service 1/1/23-12/31/23 860.00 False 444410 11/30/2023 001-480-4390-00000 Monster Splash Photos 400.00 False 444411 11/30/2023 001-230-4330-00000 Fuel for FY23/24 - August 23 4,625.25 False 444411 11/30/2023 001-230-4330-00000 Fuel for FY23/24 - Oct 23 3,659.00 False 444412 11/30/2023 001-113-4450-00000 Oct 23 Board Chambers Rental 160.00 False 444413 11/30/2023 001-313-4455-00000 Del Norte LAFCo Final FY23/24 Budget City Apportionment 37,968.50 False 444414 11/30/2023 001-230-4450-00000 Emergency reporting - reporting system used by CCF&R 2,125.00 False 444415 11/30/2023 420-115-4230-00000 707-197-0009 monthly phone 790.00 False 444416 11/30/2023 419-371-4390-00000 Pressure Transmitter 222.62 False 444416 11/30/2023 413-351-4390-00000 New 2 door refrigerator 5,587.09 False 444416 11/30/2023 001-480-4390-00000 Flowrate Rotor 224.31 False 444416 11/30/2023 001-480-4390-2020S Couplings 114.53 False 444417 11/30/2023 419-371-4390-00000 3/4" & 1" Ford Brass fittings & 3/4" & 1" SS repair bands for wa 1,667.01 False 444417 11/30/2023 419-371-4390-00000 2 - 14" repair bands; 2 - 14' 45 MJxMJ; 40' 4" C900; 4 - 14" MJ 7,903.52 False 444418 11/30/2023 413-351-4390-00000 Microbiological Testing: dehydrated media, sterile supplies FY24 1,716.54 False 444419 11/30/2023 419-371-4390-00000 Ratchet 22.70 False 444419 11/30/2023 419-371-4390-00000 Bushings, pipes 37.95 False 444419 11/30/2023 506-506-4390-00000 Oil heater 86.57 False 444419 11/30/2023 506-506-4390-00000 Sand screen, sponge 32.05 False 444419 11/30/2023 001-112-4392-00000 LED Lights 497.65 False 444419 11/30/2023 506-506-4390-00000 Pail 23.82 False
444419 11/30/2023 001-364-4390-10025 Roundup 43.24 False 444419 11/30/2023 001-471-4390-00000 Sakrete 7.55 False 444419 11/30/2023 419-371-4390-00000 Cultivator, shovel, shear, drain 205.53 False 444419 11/30/2023 001-230-4391-00000 Tire foam for #5111 38.84 False 444419 11/30/2023 506-506-4390-00000 Paint, drop cloth 49.56 False 444419 11/30/2023 001-112-4390-00000 Lumber 72.41 False 444419 11/30/2023 001-471-4390-00000 Roundup 74.09 False 444419 11/30/2023 001-480-4390-00000 Bolt cutters 61.67 False 444419 11/30/2023 506-506-4390-00000 Drywall screws 14.33 False 444419 11/30/2023 001-471-4390-00000 Cables 38.84 False 444419 11/30/2023 419-371-4390-00000 Water bottles 12.36 False 444419 11/30/2023 001-471-4390-00000 Disinfectant 29.83 False 444419 11/30/2023 506-506-4390-00000 Box cover 10.28 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 5 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444419 11/30/2023 001-480-4340-00000 Muratic acid 216.07 False 444419 11/30/2023 506-506-4390-00000 Shower pan, tape measure 151.99 False 444419 11/30/2023 506-506-4390-00000 Socket. screwdrivers 41.59 False 444419 11/30/2023 413-352-4390-00000 Swiffer wet jet pads 50.27 False 444419 11/30/2023 419-371-4390-00000 Microfibers, detailer spray, bottle water 70.36 False 444419 11/30/2023 001-470-4390-00000 Bucket, sprayer 26.77 False 444419 11/30/2023 001-471-4390-00000 Tape 4.31 False
444419 11/30/2023 419-371-4390-00000 Armor all, microfiber cloth, bottle water, trowels 79.10 False 444419 11/30/2023 506-506-4390-00000 Galvenized roofing nails 24.44 False 444419 11/30/2023 506-506-4390-00000 Ready tex, tape, drywall 150.73 False 444419 11/30/2023 506-506-4390-00000 Paint 7.56 False
444419 11/30/2023 506-506-4390-00000 Trash can 34.61 False 444419 11/30/2023 506-506-4390-00000 Staples. angle box 11.19 False 444419 11/30/2023 001-364-4390-10025 Water Bottles 10.30 False 444419 11/30/2023 001-480-4390-00000 Trowels, sponges 73.91 False 444419 11/30/2023 419-371-4390-00000 Water bottles, magnifier 140.00 False 444419 11/30/2023 413-353-4390-00000 Water Bottles 10.30 False 444419 11/30/2023 419-371-4390-00000 Water bottles, pipe wrench, pipe 59.82 False 444419 11/30/2023 412-100-4390-00000 Picnic table, ratchet strap 428.13 False 444419 11/30/2023 412-100-4390-00000 Paint, Picnic tables 436.67 False 444419 11/30/2023 506-506-4390-00000 Connectors, battery 118.38 False 444419 11/30/2023 001-471-4390-00000 Wipes 94.48 False
444419 11/30/2023 413-353-4390-00000 Cables 8.30 False
444419 11/30/2023 508-508-4390-00000 Towel rolls, bolts 33.60 False 444419 11/30/2023 419-371-4390-00000 Water bottles 10.30 False 444419 11/30/2023 419-371-4390-00000 Gauge, brass parts 43.19 False 444419 11/30/2023 001-230-4390-00000 Storage Box 61.64 False 444419 11/30/2023 419-372-4390-00000 Nails, lumber, tarp 209.43 False 444419 11/30/2023 506-506-4390-00000 Wallplates, drawn boxes 78.51 False 444419 11/30/2023 419-371-4390-00000 Cables 8.30 False
444419 11/30/2023 419-371-4390-00000 Cables 92.49 False 444419 11/30/2023 001-471-4390-00000 Lights 10.80 False 444419 11/30/2023 419-371-4390-00000 Battery 18.26 False 444419 11/30/2023 001-480-4390-00000 Wall plate 21.63 False 444419 11/30/2023 001-364-4390-10025 Cables 8.29 False
444419 11/30/2023 508-508-4390-00000 Wipes, sanitizer, impact set, tape 124.41 False 444419 11/30/2023 412-100-4390-00000 Picnic table 321.50 False 444419 11/30/2023 506-506-4390-00000 Anvil rod 5.17 False 444419 11/30/2023 419-371-4390-00000 Bottle water, gloves, rakes, utility sacks, sealant, earplugs 84.31 False 444419 11/30/2023 412-100-4390-00000 Picnic table, ratchet strap 440.00 False 444419 11/30/2023 413-353-4390-00000 Bottle water, gloves, rakes, utility sacks, sealant, earplugs 84.31 False 444419 11/30/2023 412-100-4390-00000 Picnic table 321.50 False 444419 11/30/2023 506-506-4390-00000 pipes, pipe strap. cement 117.31 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 6 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444419 11/30/2023 001-471-4390-00000 Grass mix 86.57 False 444419 11/30/2023 506-506-4390-00000 Sharkbite reducer, angle valve 25.12 False 444419 11/30/2023 506-506-4390-00000 Epoxy, paint 212.82 False 444419 11/30/2023 001-112-4392-00000 Christmas lights 158.78 False 444419 11/30/2023 413-356-4390-35022 Galevenized wire 15.45 False 444419 11/30/2023 506-506-4390-00000 Studs, lumber 19.44 False 444419 11/30/2023 506-506-4390-00000 Sink cabinets 409.19 False 444419 11/30/2023 001-480-4390-00000 Extension cord 16.22 False 444419 11/30/2023 506-506-4390-00000 Vent 10.33 False
444419 11/30/2023 506-506-4390-00000 Stain, lumber 30.03 False 444419 11/30/2023 506-506-4390-00000 Ant bait 12.93 False 444419 11/30/2023 508-508-4390-00000 Charcoal mat, hooks, mechanic tools, electrical tape, pliers 421.69 False 444419 11/30/2023 001-364-4390-10025 Bottle water, gloves, rakes, utility sacks, sealant, earplugs 84.32 False 444419 11/30/2023 506-506-4390-00000 Screws, flag bracket. galvenized steel 301.89 False 444419 11/30/2023 001-112-4392-00000 Lights, wreaths, candy cane decos 484.55 False 444420 11/30/2023 001-113-4450-00000 Municipal Code 767.00 False 444421 11/30/2023 001-113-4450-00000 Document Shredding Service 09/27-10/24 139.93 False 444422 11/30/2023 508-508-4390-00000 Tire Repair 29.00 False 444423 11/30/2023 001-230-4550-00000 Annual fire manuals/procedures & daily training bulletins 3,135.38 False 444423 11/30/2023 001-230-4550-00000 Cordico Firefighter Wellness App 2,975.00 False 444424 11/30/2023 001-240-4409-00000 Monthly Service Fee - Oct 23 Inv # 1455780-20231031 200.00 False 444425 11/30/2023 913-352-4799-35232 Removal and reinstallation of wall at WWTP for chemical tanks 38,709.02 False 444426 11/30/2023 919-371-4799-37118 Water parts & supplies for AMR Project 580.08 False 444426 11/30/2023 919-371-4799-37118 Water supplies 325.74 False 444426 11/30/2023 919-371-4799-37118 Meter Parts 363.61 False 444427 11/30/2023 001-120-4370-00000 City Hall Mats 2.31 False 444427 11/30/2023 001-251-4370-00000 City Hall Mats 0.33 False 444427 11/30/2023 001-113-4370-00000 City Hall Mats 1.25 False 444427 11/30/2023 419-371-4370-00000 City Hall Mats 1.64 False 444427 11/30/2023 419-120-4370-00000 City Hall Mats 2.56 False 444427 11/30/2023 001-470-4370-00000 City Hall Mats 0.25 False 444427 11/30/2023 413-357-4370-00000 City Hall Mats 0.76 False 444427 11/30/2023 413-352-4370-00000 City Hall Mats 0.21 False 444427 11/30/2023 001-364-4370-00000 City Hall Mats 0.44 False 444427 11/30/2023 001-111-4370-00000 City Hall Mats 0.45 False 444427 11/30/2023 001-112-4370-00000 City Hall Mats 0.33 False 444427 11/30/2023 419-130-4370-00000 City Hall Mats 0.27 False 444427 11/30/2023 413-130-4370-00000 City Hall Mats 0.27 False 444427 11/30/2023 420-115-4370-00000 City Hall Mats 2.60 False 444427 11/30/2023 001-350-4370-00000 City Hall Mats 0.99 False 444427 11/30/2023 001-480-4370-00000 City Hall Mats 0.29 False 444427 11/30/2023 001-250-4370-00000 City Hall Mats 0.29 False 444427 11/30/2023 419-111-4370-00000 City Hall Mats 0.42 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 7 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444427 11/30/2023 412-120-4370-00000 City Hall Mats 0.27 False 444427 11/30/2023 001-130-4370-00000 City Hall Mats 0.33 False 444427 11/30/2023 412-100-4370-00000 City Hall Mats 0.41 False 444427 11/30/2023 413-353-4370-00000 City Hall Mats 0.43 False 444427 11/30/2023 413-111-4370-00000 City Hall Mats 0.43 False 444427 11/30/2023 413-120-4370-00000 City Hall Mats 2.56 False 444427 11/30/2023 001-313-4370-00000 City Hall Mats 0.65 False 444427 11/30/2023 001-471-4370-00000 City Hall Mats 0.14 False 444427 11/30/2023 413-351-4320-00000 Laundry Service/Uniforms FY24 22.14 False 444427 11/30/2023 508-508-4320-00000 Laundry Service/Uniforms FY24 30.54 False 444427 11/30/2023 413-353-4320-00000 Laundry Service/Uniforms FY24 31.01 False 444427 11/30/2023 001-114-4370-00000 City Hall Mats 1.32 False 444427 11/30/2023 001-112-4370-00000 City Hall Mats 0.33 False 444427 11/30/2023 001-470-4370-00000 City Hall Mats 0.25 False 444427 11/30/2023 419-120-4370-00000 City Hall Mats 2.56 False 444427 11/30/2023 413-111-4370-00000 City Hall Mats 0.43 False 444427 11/30/2023 001-130-4370-00000 City Hall Mats 0.33 False 444427 11/30/2023 001-113-4370-00000 City Hall Mats 1.25 False 444427 11/30/2023 412-100-4370-00000 City Hall Mats 0.41 False 444427 11/30/2023 419-371-4370-00000 City Hall Mats 1.64 False 444427 11/30/2023 001-251-4370-00000 City Hall Mats 0.33 False 444427 11/30/2023 001-350-4370-00000 City Hall Mats 0.99 False 444427 11/30/2023 413-120-4370-00000 City Hall Mats 2.56 False 444427 11/30/2023 420-115-4370-00000 City Hall Mats 2.60 False 444427 11/30/2023 001-114-4370-00000 City Hall Mats 1.32 False 444427 11/30/2023 001-364-4370-00000 City Hall Mats 0.44 False 444427 11/30/2023 001-111-4370-00000 City Hall Mats 0.45 False 444427 11/30/2023 412-120-4370-00000 City Hall Mats 0.27 False 444427 11/30/2023 419-130-4370-00000 City Hall Mats 0.27 False 444427 11/30/2023 001-471-4370-00000 City Hall Mats 0.14 False 444427 11/30/2023 001-313-4370-00000 City Hall Mats 0.65 False 444427 11/30/2023 413-357-4370-00000 City Hall Mats 0.76 False 444427 11/30/2023 001-250-4370-00000 City Hall Mats 0.29 False 444427 11/30/2023 419-111-4370-00000 City Hall Mats 0.42 False 444427 11/30/2023 413-353-4370-00000 City Hall Mats 0.43 False 444427 11/30/2023 413-130-4370-00000 City Hall Mats 0.27 False 444427 11/30/2023 001-480-4370-00000 City Hall Mats 0.29 False 444427 11/30/2023 001-120-4370-00000 City Hall Mats 2.31 False 444427 11/30/2023 413-352-4370-00000 City Hall Mats 0.21 False 444428 11/30/2023 508-508-4390-00000 Mud Flaps 18.33 False 444430 11/30/2023 413-000-1202-00000 Annual Operations of WWTP FY24 -18,322.19 False 444430 11/30/2023 413-352-4409-00000 Annual Operations of WWTP FY24 121,383.74 False 444430 11/30/2023 413-352-4450-00000 Annual Maintenance of WWTP FY24 13,333.33 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 8 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444430 11/30/2023 413-352-4409-00000 PHASE 1 Crescent City Wastewater Treatment Plant 09/30-10/27 4,391.95 False 444431 11/30/2023 001-230-4390-00000 Tire Shine x4 41.09 False 444432 11/30/2023 001-240-4380-00000 Dog food for K9 Lt. Kai 93.10 False 444432 11/30/2023 001-240-4380-2020S Dog food for Sgt. Koysta 48.39 False 444432 11/30/2023 001-240-4380-2020S Dog food for Sgt. Koysta 48.39 False 444433 11/30/2023 506-506-4390-00000 Labor - building glass 170.00 False 444434 11/30/2023 001-000-2122-00000 16"Saw blades for walk behind saw to cut asphalt/concrete -21.54 False 444434 11/30/2023 419-000-2122-00000 16"Saw blades for walk behind saw to cut asphalt/concrete -43.06 False 444434 11/30/2023 413-353-4390-00000 16"Saw blades for walk behind saw to cut asphalt/concrete 290.86 False 444434 11/30/2023 419-371-4390-00000 16"Saw blades for walk behind saw to cut asphalt/concrete 290.86 False 444434 11/30/2023 001-364-4390-10025 16"Saw blades for walk behind saw to cut asphalt/concrete 290.88 False 444435 11/30/2023 412-100-4409-00000 Campspot billing for FY23/24 - 10/01-10/31 564.30 False 444436 11/30/2023 001-230-4451-00000 Janitorial services Nov23 140.00 False 444437 11/30/2023 001-230-4390-2020S Factory Repair of Radio B5108 550.00 False 444438 11/30/2023 419-371-4550-00000 Eric Eiler D2 Exam 65.00 False 444438 11/30/2023 413-357-4530-00000 D Borges Wastewater Treatment Plant Operator Cert. 170.00 False 444439 11/30/2023 419-111-4310-00000 Calendars 10.86 False 444439 11/30/2023 001-111-4310-00000 Calendars 10.86 False 444439 11/30/2023 413-111-4310-00000 Calendars 10.86 False 444439 11/30/2023 001-113-4310-00000 Message Book 11.03 False 444440 11/30/2023 001-110-4310-00000 Council nameplates 25.00 False 444441 11/30/2023 001-240-4450-00000 Copier Maintenance - 11/01-11/30 and usage 08/01-10/31 293.01 False 444442 11/30/2023 419-371-4340-00000 FY24 Sodium Hypochlorite 1,525.81 False 444442 11/30/2023 413-000-1202-00000 Sodium Hypo - reimbursed 6,675.40 False 444442 11/30/2023 419-371-4340-00000 FY24 Sodium Hypochlorite 4,091.07 False 444443 11/30/2023 413-000-2122-00000 SP CONTROL PARTS: Coil- tax -18.90 False 444443 11/30/2023 001-114-4390-00000 AMAZON: Safety training material 175.37 False 444443 11/30/2023 413-000-2122-00000 NORLAB: Tracing dye - tax -4.28 False 444443 11/30/2023 001-240-4530-00000 SPRINGHILL SUITES: 11/12-11/18/23 - Marina, CA -IC Trng - Y. Lo 229.25 False 444443 11/30/2023 001-230-4530-00000 UNITED: 12/3-12/8/23 Foothill Ranch, CA - Fire Officer 4C 547.40 False 444443 11/30/2023 001-230-4390-00000 101 LAUNDERMAT: Uniform for memorial 69.00 False 444443 11/30/2023 508-508-4390-00000 SNAP ON: Mag pwr skts 254.66 False 444443 11/30/2023 413-120-4530-00000 CSMFO: Webinar Fee 50.00 False 444443 11/30/2023 413-356-4390-35022 SP CONTROL PARTS: Coil 262.86 False 444443 11/30/2023 001-120-4550-00000 CSMFO: Membership Fees 18.33 False 444443 11/30/2023 413-120-4550-00000 CSMFO: Membership Fees 18.33 False 444443 11/30/2023 001-112-4392-00000 DOLLAR TREE: Garland 25.91 False 444443 11/30/2023 001-240-4320-00000 511 INC: Uniforms 433.00 False 444443 11/30/2023 001-230-4550-00000 INT'L CODE COUNCIL: Chief book 4C 160.00 False 444443 11/30/2023 001-230-4240-00000 MAIL ROOM: TIC Repair postage 17.87 False 444443 11/30/2023 001-240-4530-00000 CHEVRON: 11/12-11/18/23 - Marina, CA -ICI Trng - Y. Lo 66.48 False 444443 11/30/2023 413-353-4530-00000 CALIFORNIA WATER: B. Deforge classes 207.00 False 444443 11/30/2023 001-251-4530-00000 INT'L CODE COUNCIL: Classes S. Rosenthal 290.00 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 9 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444443 11/30/2023 413-000-2122-00000 NORLAB: Tracing dye - tax -2.14 False 444443 11/30/2023 419-371-4530-00000 ATYOURPACEONLICE: OP 2 Classes Borges 106.25 False 444443 11/30/2023 419-120-4530-00000 CSMFO: Webinar Fee 50.00 False 444443 11/30/2023 419-371-4390-00000 AUTOMATION DIRECT: Transmitter 163.46 False 444443 11/30/2023 413-353-4390-00000 NORLAB: Tracing dye 51.59 False 444443 11/30/2023 001-240-4320-00000 LA POLICE GEAR: Duty jackets -records 321.09 False 444443 11/30/2023 001-120-4530-00000 CSMFO: Webinar Fee 50.00 False 444443 11/30/2023 001-240-4391-00000 TALLAN'S TIRES: tires for unit #68 940.00 False 444443 11/30/2023 001-251-4530-00000 HILTON: 10/22-10/27/23 - Costa Mesa, CA - CALBO -D. Minges 1,109.05 False 444443 11/30/2023 419-120-4550-00000 CSMFO: Membership Fees 18.34 False 444443 11/30/2023 001-240-4530-00000 EXXON: 11/17-11/22/23 Sparks, NV - CNOA Training - 46.13 False 444443 11/30/2023 001-230-4391-00000 ALLHANDSPUBLICSAFETY: Wheel Chocks for #5111 971.58 False 444443 11/30/2023 001-251-4530-00000 WORLD OIL: 10/22-10/27/23 - Costa Mesa, CA - CALBO -D. Minges 43.88 False 444443 11/30/2023 413-352-4470-00000 External regulatory solids testing required by NPDES permit 1,077.00 False 444443 11/30/2023 001-240-4530-00000 LA POLICE GEAR: Academy equipment 156.53 False 444443 11/30/2023 001-230-4550-00000 INT'L CODE COUNCIL: Chief book 4C 69.00 False 444443 11/30/2023 001-240-4391-00000 AUTOZONE: Vehicle fuse kit 10.22 False 444443 11/30/2023 121-230-4390-00000 GALLS: Volunteer uniform shirts 38.69 False 444443 11/30/2023 001-240-4393-0VIPS NATSEARCHDOG: Volunteer K-9 training 45.00 False 444443 11/30/2023 001-230-4530-00000 HOLIDAY INN: 12/3-12/8/23 Foothill Ranch, CA - Fire Officer 4C 113.95 False 444443 11/30/2023 001-240-4390-00000 BULKMUNITIONS.COM - shotgun/rifle/handgun ammo 3,800.66 False 444443 11/30/2023 001-240-4530-00000 CA POLICE:Tuit 5/18-5/23/24 Palm Springs Chiefs Conf, R. Griffin 825.00 False 444443 11/30/2023 001-230-4530-00000 ELITE COMMAND:12/3-12/8/23 Foothill Ranch, CA - Fire Officer 4C 475.00 False 444443 11/30/2023 001-240-4390-00000 CRYSTAL SPRINGS: Water for office 63.00 False 444443 11/30/2023 001-000-2122-00000 BULKMUNITIONS.COM - shotgun/rifle/handgun ammo - tax -289.66 False 444443 11/30/2023 001-000-2122-00000 ALLHANDSPUBLICSAFETY: Wheel Chocks for #5111 -58.40 False 444443 11/30/2023 001-230-4530-00000 PIZZA HUT: Scene support 45.31 False 444443 11/30/2023 413-353-4390-00000 NORLAB: Tracing dye 103.18 False 444443 11/30/2023 001-240-4530-00000 CHEVRON: 11/12-11/18/23 - Marina, CA -ICI Trng - Y. Lo 82.55 False 444443 11/30/2023 001-251-4530-00000 RPS FUEL: 10/22-10/27/23 - Costa Mesa, CA - CALBO -D. Minges 54.00 False 444443 11/30/2023 121-230-4390-00000 GALLS: Volunteer uniform shirts 116.00 False 444443 11/30/2023 001-240-4360-00000 WALMART: Crime prevention - community outreach supplies 501.39 False 444443 11/30/2023 001-240-4393-00000 WALMART: Explorer supplies 242.88 False 444443 11/30/2023 001-240-4530-00000 GALLS: Academy equipment 336.11 False 444443 11/30/2023 001-240-4240-00000 USPS: Postage/stamps 132.00 False 444443 11/30/2023 001-240-4240-00000 MAIL ROOM: Postage 6.83 False 444443 11/30/2023 001-240-4390-2020S ALIEN GEAR: Tourniquets 368.05 False 444443 11/30/2023 001-240-4530-00000 VALERO: 11/12-11/18/23 - Marina, CA -ICI Trng - Y. Lo 71.25 False 444443 11/30/2023 001-230-4409-00000 FIRE PROGRAMS: Fire archives 237.00 False 444443 11/30/2023 001-230-4530-00000 HERTZ: 12/3-12/8/23 Foothill Ranch, CA -Fire Officer 4C 332.10 False 444443 11/30/2023 001-240-4530-00000 SPRINGHILL SUITES:11/12-11/18/23 - Marina, CA -ICI Trng - Y. Lo 723.70 False 444443 11/30/2023 001-240-4530-00000 LA POLICE GEAR: Academy equipment 107.16 False 444443 11/30/2023 001-000-2122-00000 KULLY SUPPLY: Assembly kits - tax -31.84 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 10 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444443 11/30/2023 001-350-4240-00000 USPS: Postage stamps 6.60 False 444443 11/30/2023 508-508-4390-00000 HARBOR FREIGHT: Welding kit & rods 103.89 False 444443 11/30/2023 413-351-4390-00000 BRESCO: Gasket 120.98 False 444443 11/30/2023 001-350-4240-00000 MAIL ROOM: Certified letter send 8.74 False 444443 11/30/2023 508-508-4390-00000 NAPA AUTO: Air filters 67.83 False 444443 11/30/2023 001-480-4390-00000 KULLY SUPPLY: Assembly kits 426.23 False 444443 11/30/2023 001-313-4240-00000 USPS: Postage stamps 6.60 False 444443 11/30/2023 508-508-4390-00000 NAPA AUTO: Pressure sensor 74.09 False 444443 11/30/2023 413-000-2122-00000 BRESCO: Gasket - tax -8.04 False 444444 11/30/2023 001-240-4480-00000 Annual contract for providing RIPA app 07/01/23-06/30/24 1,500.00 False 444445 11/30/2023 001-240-4230-00000 707-951-5250 (Balch) Service: 41.51 False 444445 11/30/2023 413-352-4230-00000 707-951-4821 (Kuder) Service: 20.33 False 444445 11/30/2023 508-508-4230-00000 707-951-5149 (Huffman) Service: 41.51 False 444445 11/30/2023 001-110-4230-00000 707-951-0517 (Inscore) Service: 46.51 False 444445 11/30/2023 001-364-4230-00000 707-951-4569 (Mayes) Service: 13.83 False 444445 11/30/2023 413-353-4230-00000 707-458-8617 (Leighton) Service: 13.84 False 444445 11/30/2023 001-240-4230-00000 707-951-4896 (Lopez) Service: 41.51 False 444445 11/30/2023 413-353-4230-00000 707-951-2294 (PW Callout)Service: 13.84 False 444445 11/30/2023 001-240-4230-00000 707-457-0873 Dash Cam 40.01 False 444445 11/30/2023 413-352-4230-00000 707-951-0923 (Nova - Jacobs) Service: 38.01 False 444445 11/30/2023 419-120-4230-00000 707-458-8453 (Mtr Reader SPMR1)Service: 37.49 False 444445 11/30/2023 001-364-4230-00000 707-951-0481 (Wylie) Service: 5.32 False 444445 11/30/2023 419-112-4230-00000 707-458-4814 (Lacey) Service: 11.08 False 444445 11/30/2023 001-364-4230-00000 707-951-4918 (McAleenan) Service: 4.57 False 444445 11/30/2023 001-240-4230-00000 707-457-0870 Dash Cam 40.01 False 444445 11/30/2023 419-371-4230-00000 707-951-6752 (Wylie) 22.42 False 444445 11/30/2023 413-353-4230-00000 707-951-3319 (Smith, K) Service: 13.84 False 444445 11/30/2023 506-506-4230-00000 707-951-0540 (Smith, K) Service: 3.80 False 444445 11/30/2023 001-230-4230-00000 707-457-0794 (CFC) 40.01 False 444445 11/30/2023 413-351-4230-00000 707-951-6819 (Lab-Desk) Service: 28.08 False 444445 11/30/2023 413-353-4230-00000 707-951-4951 (PW IPAD) Service: 12.67 False 444445 11/30/2023 413-120-4230-00000 707-951-3320 (Leaver) Service: 15.50 False 444445 11/30/2023 419-371-4230-00000 707-457-7655 (PW IPad) Service: 13.34 False 444445 11/30/2023 413-352-4230-00000 707-951-0002 (WWTP Lg Conf Rm) Service: 28.08 False 444445 11/30/2023 413-351-4230-00000 707-951-3225 (Lab) Service: 41.51 False 444445 11/30/2023 001-350-4230-00000 707-457-7655 (PW IPad) Service: 13.33 False 444445 11/30/2023 001-230-4230-00000 707-458-5216 (Fire Dept) Service: 38.01 False 444445 11/30/2023 001-350-4230-00000 707-951-3275 (Yeager) Service: 13.84 False 444445 11/30/2023 413-353-4230-00000 707-951-3170 (Wylie) Service: 13.83 False 444445 11/30/2023 001-240-4230-00000 707-951-4494 (Wilson) Service: 41.51 False 444445 11/30/2023 413-353-4230-00000 707-951-3943 (Martinez) Service: 1.29 False 444445 11/30/2023 001-230-4230-00000 707-951-6556 (Duncan) Service: 28.08 False 444445 11/30/2023 001-240-4230-00000 707-457-0881 Dash Cam 40.01 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 11 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444445 11/30/2023 001-112-4230-00000 707-458-5124 (Dudley) Service: 41.51 False 444445 11/30/2023 413-353-4230-00000 707-951-4418 (Clewell) Service: 17.02 False 444445 11/30/2023 001-480-4230-00000 707-458-4131 (Taylor) Service: 10.23 False 444445 11/30/2023 413-353-4230-00000 707-458-8283 (Hodges) Service: 2.07 False 444445 11/30/2023 419-371-4230-00000 707-951-4569 (Mayes) Service: 13.84 False 444445 11/30/2023 419-371-4230-00000 707-458-5644 (Corcilius) : 26.36 False 444445 11/30/2023 001-350-4230-00000 707-951-3170 (Wylie) Service: 13.84 False 444445 11/30/2023 413-120-4230-00000 707-458-4242 (McAndrews) Service: 16.60 False 444445 11/30/2023 001-230-4230-00000 707-951-3406 (Duncan) Service: 41.51 False 444445 11/30/2023 001-130-4230-00000 707-458-8008 (Rice) Service: 20.75 False 444445 11/30/2023 001-250-4230-00000 707-951-3447 (Minges) Service: 20.76 False 444445 11/30/2023 413-351-4230-00000 707-951-0494 (Wood-Desk) Service: 28.08 False 444445 11/30/2023 001-471-4230-00000 707-458-4131 (Taylor) Service: 4.65 False 444445 11/30/2023 001-110-4230-00000 707-951-0876 (Wright) Service: 41.51 False 444445 11/30/2023 001-240-4230-00000 707-457-0867 Dash Cam 40.03 False 444445 11/30/2023 001-470-4230-00000 707-951-4116 (Amarante) Service: 3.19 False 444445 11/30/2023 001-110-4230-00000 707-951-3135 (Greenough) Service: 41.51 False 444445 11/30/2023 419-371-4230-00000 707-951-4821 (Kuder) Service: 20.76 False 444445 11/30/2023 413-353-4230-00000 707-951-4204 (Eiler) Service: 13.84 False 444445 11/30/2023 001-240-4230-00000 707-458-8156 (Hutchens) Service: 41.51 False 444445 11/30/2023 001-470-4230-00000 707-951-4418 (Clewell) Service: 8.30 False 444445 11/30/2023 001-120-4230-00000 707-458-4242 (McAndrews) Service: 8.30 False 444445 11/30/2023 506-506-4230-00000 707-951-6752 (Wylie) 4.56 False 444445 11/30/2023 001-110-4230-00000 707-458-5725 (Schellong) Service: 41.51 False 444445 11/30/2023 001-112-4230-00000 707-458-4131 (Taylor) Service: 11.63 False 444445 11/30/2023 001-111-4230-00000 707-951-3016 (Wier) Service: 15.50 False 444445 11/30/2023 412-100-4230-00000 707-951-3285 (Cordova) Service: 46.51 False 444445 11/30/2023 412-100-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 2.07 False 444445 11/30/2023 419-371-4230-00000 707-951-5285 (PW Spare) Service: 13.84 False 444445 11/30/2023 419-371-4230-00000 707-951-3319 (Smith, K) Service: 13.84 False 444445 11/30/2023 001-240-4230-00000 707-951-7001 (VIP Phone) Service: 1.29 False 444445 11/30/2023 001-364-4230-00000 707-951-4951 (PW IPAD) Service: 12.67 False 444445 11/30/2023 001-230-4230-00000 707-951-0671 (Borges, J) Service: 41.51 False 444445 11/30/2023 001-364-4230-00000 707-951-4821 (Kuder) Service: 0.42 False 444445 11/30/2023 413-352-4230-00000 707-951-6831 (WWTP) Service: 22.20 False 444445 11/30/2023 419-371-4230-00000 707-457-7454 (Leighton) Service: 13.34 False 444445 11/30/2023 001-230-4230-00000 707-458-8906 (Carey) Service: 46.51 False 444445 11/30/2023 001-240-4230-00000 707-951-4624 (Lo) Service: 41.51 False 444445 11/30/2023 419-371-4230-00000 707-951-4951 (PW IPAD) Service: 12.67 False 444445 11/30/2023 419-371-4230-00000 707-951-4204 (Eiler) Service: 13.84 False 444445 11/30/2023 001-240-4230-00000 707-457-0884 Dash Cam 40.01 False 444445 11/30/2023 419-120-4230-00000 707-458-4813 (Rawlings) Service: 13.84 False 444445 11/30/2023 420-115-4230-00000 707-458-8649 (Patch, T) Service: 41.51 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 12 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444445 11/30/2023 001-251-4230-00000 707-458-5306 Rosenthal, S 16.60 False 444445 11/30/2023 001-480-4230-00000 707-951-0430 (Borges, D) Service: 5.70 False 444445 11/30/2023 419-371-4230-00000 707-951-4418 (Clewell) Service: 14.11 False 444445 11/30/2023 001-240-4230-00000 707-951-4950 (Miller, E) Service: 41.51 False 444445 11/30/2023 413-353-4230-00000 707-951-3354 (Welton) Service: 13.83 False 444445 11/30/2023 419-130-4230-00000 707-458-8008 (Rice) Service: 10.38 False 444445 11/30/2023 001-480-4230-00000 707-458-8452 (Garcia) Service: 41.51 False 444445 11/30/2023 506-506-4230-00000 707-951-9336 (Lovdahl) Service: 27.67 False 444445 11/30/2023 001-240-4230-00000 707-457-0877 Dash Cam 40.01 False 444445 11/30/2023 001-240-4230-00000 707-457-0891 Dash Cam 40.01 False 444445 11/30/2023 001-120-4230-00000 707-458-4813 (Rawlings) Service: 13.84 False 444445 11/30/2023 413-352-4230-00000 707-951-0023 (WWTP Operations 2) Service: 28.08 False 444445 11/30/2023 413-130-4230-00000 707-458-8008 (Rice) Service: 10.38 False 444445 11/30/2023 419-371-4230-00000 707-951-4864 (DeForge) Service: 19.51 False 444445 11/30/2023 001-230-4230-00000 707-951-6589 (Carey) Service: 28.08 False 444445 11/30/2023 413-352-4230-00000 707-951-6681 (WWTP) Service: 22.20 False 444445 11/30/2023 001-230-4230-00000 707-951-3561 (Carey) Service: 38.01 False 444445 11/30/2023 419-371-4230-00000 707-951-0540 (Smith, K) Service: 18.24 False 444445 11/30/2023 001-364-4230-00000 707-951-4116 (Amarante) Service: 3.20 False 444445 11/30/2023 001-470-4230-00000 707-458-5644 (Corcilius) : 3.30 False 444445 11/30/2023 001-230-4230-00000 707-464-9113 (Fire Hall) Service: 28.08 False 444445 11/30/2023 001-240-4230-00000 707-951-5035 (Sanders) Service: 41.51 False 444445 11/30/2023 001-364-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 0.83 False 444445 11/30/2023 419-120-4230-00000 707-458-8014 (Mattix) Service: 20.75 False 444445 11/30/2023 412-100-4230-00000 707-951-4515 (Lighthouse Cove RV) Service: 46.51 False 444445 11/30/2023 001-113-4230-00000 707-951-3378 (Altman, Robin) Service: 41.51 False 444445 11/30/2023 419-371-4230-00000 707-951-0430 (Borges, D) Service: 17.87 False 444445 11/30/2023 001-240-4230-00000 707-951-5433 (Sperling) Service: 41.51 False 444445 11/30/2023 508-508-4230-00000 707-951-0430 (Borges, D) Service: 5.70 False 444445 11/30/2023 413-351-4230-00000 707-951-9756 (Goodgame-Thill) Service: 28.08 False 444445 11/30/2023 508-508-4230-00000 707-951-4864 (DeForge) Service: 6.22 False 444445 11/30/2023 001-364-4230-00000 707-951-0714 (Borges, D) Service: 10.70 False 444445 11/30/2023 001-230-4230-00000 707-458-5323 - (Fire duty officers) Service: 40.01 False 444445 11/30/2023 001-230-4230-00000 707-457-0715 (Smith, B) 41.51 False 444445 11/30/2023 001-364-4230-00000 707-951-4204 (Eiler) Service: 13.83 False 444445 11/30/2023 413-353-4230-00000 707-951-3905 (WWTP Spare) Service: 1.29 False 444445 11/30/2023 001-240-4230-00000 707-458-5881 (Phillipa) Service: 41.51 False 444445 11/30/2023 001-364-4230-00000 707-951-0430 (Borges, D) Service: 8.74 False 444445 11/30/2023 001-250-4230-00000 707-458-5306 Rosenthal, S 4.15 False 444445 11/30/2023 413-353-4230-00000 707-951-0167 (WWTP Ops) Service: 28.08 False 444445 11/30/2023 001-480-4230-00000 707-58-4818 (Morris) Service: 41.51 False 444445 11/30/2023 001-240-4230-00000 707-951-5088 (Valero) Service: 41.51 False 444445 11/30/2023 419-120-4230-00000 707-458-4242 (McAndrews) Service: 16.61 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 13 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444445 11/30/2023 412-100-4230-00000 707-951-5029 (Lighthouse Cove RV) Service: 23.49 False 444445 11/30/2023 001-480-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 4.15 False 444445 11/30/2023 419-371-4230-00000 707-951-4116 (Amarante) Service: 25.53 False 444445 11/30/2023 001-364-4230-00000 707-951-0540 (Smith, K) Service: 12.16 False 444445 11/30/2023 001-470-4230-00000 707-458-4131 (Taylor) Service: 6.05 False 444445 11/30/2023 419-111-4230-00000 707-951-3016 (Wier) Service: 15.51 False 444445 11/30/2023 413-353-4230-00000 707-457-7454 (Leighton) Service: 13.33 False 444445 11/30/2023 001-364-4230-00000 707-458-5644 (Corcilius) : 3.30 False 444445 11/30/2023 001-480-4230-00000 707-951-4864 (DeForge) Service: 6.23 False 444445 11/30/2023 001-114-4230-00000 707-951-3392 (Gonzales-Valero) Service: 41.51 False 444445 11/30/2023 001-240-4230-00000 707-951-4867 (Owen) Service: 41.51 False 444445 11/30/2023 001-120-4230-00000 707-951-3320 (Leaver) Service: 15.50 False 444445 11/30/2023 413-351-4230-00000 707-951-6970 (Lab-Desk) Service: 28.08 False 444445 11/30/2023 001-240-4230-00000 707-951-4609 (Pearson) Service: 41.51 False 444445 11/30/2023 420-115-4230-00000 707-458-8862 (Ludemann) Service: 41.51 False 444445 11/30/2023 413-351-4230-00000 707-951-5017 (Lab) Service: 28.08 False 444445 11/30/2023 419-371-4230-00000 707-951-2294 (PW Callout)Service: 13.83 False 444445 11/30/2023 413-351-4230-00000 707-951-5375 (Wood) Service: 41.51 False 444445 11/30/2023 419-371-4230-00000 707-951-3354 (Welton) Service: 13.84 False 444445 11/30/2023 413-353-4230-00000 707-951-4116 (Amarante) Service: 9.59 False 444445 11/30/2023 419-371-4230-00000 707-951-3275 (Yeager) Service: 13.84 False 444445 11/30/2023 001-240-4230-00000 707-457-0885 Dash Cam 40.01 False 444445 11/30/2023 001-470-4230-00000 707-951-9336 (Lovdahl) Service: 13.84 False 444445 11/30/2023 001-240-4230-00000 707-951-5438 (PD Spare) Service: 41.51 False 444445 11/30/2023 413-352-4230-00000 707-951-5862 (LS Duty) Service: 41.51 False 444445 11/30/2023 001-230-4230-00000 707-457-0795 (CFC) 40.01 False 444445 11/30/2023 413-353-4230-00000 707-951-5285 (PW Spare) Service: 13.83 False 444445 11/30/2023 419-371-4230-00000 707-458-8617 (Leighton) Service: 13.83 False 444445 11/30/2023 419-371-4230-00000 707-951-4918 (McAleenan) Service: 12.03 False 444445 11/30/2023 419-371-4230-00000 707-951-0481 (Wylie) Service: 20.53 False 444445 11/30/2023 001-480-4230-00000 707-951-0714 (Borges, D) Service: 6.97 False 444445 11/30/2023 001-480-4230-00000 707-951-4364 (Young) Service: 41.51 False 444445 11/30/2023 001-470-4230-00000 707-458-8283 (Hodges) Service: 22.83 False 444445 11/30/2023 419-371-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 0.42 False 444445 11/30/2023 413-353-4230-00000 707-951-0540 (Smith, K) Service: 3.81 False 444445 11/30/2023 412-100-4230-00000 707-951-9704 (Lighthouse Cove RV) Service: 28.08 False 444445 11/30/2023 413-120-4230-00000 707-458-8014 (Mattix) Service: 20.76 False 444445 11/30/2023 001-240-4230-00000 707-457-0890 Dash Cam 40.01 False 444445 11/30/2023 412-100-4230-00000 707-458-4131 (Taylor) Service: 13.95 False 444445 11/30/2023 001-240-4230-00000 707-951-5329 (Owen, W) Service: 41.51 False 444445 11/30/2023 508-508-4230-00000 707-458-8283 (Hodges) Service: 4.57 False 444445 11/30/2023 508-508-4230-00000 707-951-0714 (Borges, D) Service: 6.98 False 444445 11/30/2023 413-352-4230-00000 707-458-4722 (WWTP) Service: 38.01 False AP - 11-18-23 to 12-01-23 Council (12/6/2023) Page 14 of 16 Check Numbe Check Date Acct 1 Description Amount Selected For Void 444445 11/30/2023 413-353-4230-00000 707-951-4918 (McAleenan) Service: 2.08 False 444445 11/30/2023 001-364-4230-00000 707-951-4864 (DeForge) Service: 9.55 False 444445 11/30/2023 001-240-4230-00000 707-457-0866 Dash Cam 40.01 False 444445 11/30/2023 419-371-4230-00000 707-951-0714 (Borges, D) Service: 21.86 False 444445 11/30/2023 419-371-4230-00000 707-951-4759 (Long) Service: 13.84 False 444445 11/30/2023 001-364-4230-00000 707-951-2294 (PW Callout)Service: 13.84 False 444445 11/30/2023 001-364-4230-00000 707-457-0899 (Ybarra) Service: 13.84 False 444445 11/30/2023 413-353-4230-00000 707-458-5644 (Corcilius) : 8.55 False 444445 11/30/2023 001-364-4230-00000 707-951-4759 (Long) Service: 13.84 False 444445 11/30/2023 419-371-4230-00000 707-458-8283 (Hodges) Service: 12.04 False 444445 11/30/2023 001-112-4230-00000 707-458-4814 (Lacey) Service: 19.35 False 444445 11/30/2023 413-120-4230-00000 707-458-4813 (Rawlings) Service: 13.83 False 444445 11/30/2023 413-353-4230-00000 707-457-0899 (Ybarra) Service: 13.83 False 444445 11/30/2023 419-371-4230-00000 707-951-3170 (Wylie) Service: 13.84 False 444445 11/30/2023 419-120-4230-00000 707-458-5026 (Meter Reader SPMR2) Service: 37.49 False 444445 11/30/2023 413-111-4230-00000 707-951-3016 (Wier) Service: 15.50 False 444445 11/30/2023 413-353-4230-00000 707-951-3275 (Yeager) Service: 13.83 False 444445 11/30/2023 413-353-4230-00000 707-951-4759 (Long) Service: 13.83 False 444445 11/30/2023 001-240-4230-00000 707-951-4485 (Griffin) Service: 41.51 False 444445 11/30/2023 413-351-4230-00000 707-951-6540 (Lab-Desk) Service: 28.08 False 444445 11/30/2023 506-506-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 19.51 False 444445 11/30/2023 001-230-4230-00000 707-457-0714 (Buell, E) 41.51 False 444445 11/30/2023 413-353-4230-00000 707-951-6752 (Wylie) 8.72 False 444445 11/30/2023 001-350-4230-00000 707-951-3354 (Welton) Service: 13.84 False 444445 11/30/2023 413-353-4230-00000 707-951-4569 (Mayes) Service: 13.84 False 444445 11/30/2023 419-120-4230-00000 707-951-3320 (Leaver) Service: 15.51 False 444445 11/30/2023 413-112-4230-00000 707-458-4814 (Lacey) Service: 11.08 False 444445 11/30/2023 413-352-4230-00000 707-951-4779 (WWTP Project Manager) Service: 28.08 False 444445 11/30/2023 001-364-4230-00000 707-951-6752 (Wylie) 5.81 False 444445 11/30/2023 419-371-4230-00000 707-457-0899 (Ybarra) Service: 13.84 False 444445 11/30/2023 413-353-4230-00000 707-457-7655 (PW IPad) Service: 13.34 False 444445 11/30/2023 001-364-4230-00000 707-951-5285 (PW Spare) Service: 13.84 False 444445 11/30/2023 001-364-4230-00000 707-951-4418 (Clewell) Service: 2.08 False 444445 11/30/2023 001-470-4230-00000 707-951-4296 (Gil-Rodgriguez) Service: 14.53 False 444445 11/30/2023 506-506-4230-00000 707-951-0481 (Wylie) Service: 4.18 False 444445 11/30/2023 001-470-4230-00000 707-951-4918 (McAleenan) Service: 22.83 False 444445 11/30/2023 001-350-4230-00000 707-457-7454 (Leighton) Service: 13.34 False 444445 11/30/2023 001-350-4230-00000 707-458-8617 (Leighton) Service: 13.84 False 444445 11/30/2023 413-353-4230-00000 707-951-0481 (Wylie) Service: 7.98 False 444445 11/30/2023 001-350-4230-00000 707-951-3319 (Smith, K) Service: 13.83 False 444445 11/30/2023 001-110-4230-00000 707-458-4323 (Altman, Ray) Service: 41.51 False 444446 11/30/2023 913-352-4799-35221 WWTP influent gate demo - 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444447 11/30/2023 413-356-4390-35022 Motor oil 16.33 False 444447 11/30/2023 506-506-4390-00000 Paint 94.48 False
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AP - 11-18-23 to 12-01-23 Housing (12/6/2023) Page 2 of 2 1 | P a g e
12/4/23 COUNCIL MINUTES

CITY OF CRESCENT CITY
Mayor Blake Inscore Mayor Pro Tem Ray Altman
Council Member Jason Greenough Council Member Kelly Schellong Council Member Isaiah Wright
MONDAY DECEMBER 4, 2023 6:00 P.M.

CLOSED SESSION
Call to order Mayor Inscore called the closed session to order at 5:02 p.m.

Roll call Council Members present: Council Member Jason Greenough, Council Member Kelly Schellong, Mayor Pro Tem Ray Altman, and Mayor Blake Inscore
Council Member absent at roll call: Council Member Isaiah Wright Staff members present: City Manager Eric Wier, City Attorney Martha Rice, and City Clerk/Administrative Analyst Robin Altman

CLOSED SESSION PUBLIC COMMENT PERIOD
There were no comments from the public on closed session items.

Council Member Wright arrived at 5:04 p.m. to join the closed session already in progress.

CLOSED SESSION
Conference with Real Property Negotiator: Eric Wier (Gov. Code § 54956.8) • APN 118-360-007-000
Conference with Legal Counsel – Existing Litigation (Gov. Code § 54956.9) • Linda Sutter v. Tri-Agency EDA, et al. (Del Norte Superior Court Case No. CVPT-2023- 1261)
• Crescent City v. Lounge Chair Investments, et al. (Del Norte Superior Court Case No.

CVUJ-2022-1131
Conference with Legal Counsel – Potential Litigation (Gov. Code § 54956.9(c)): 8 cases

REPORT OUT OF CLOSED SESSION
City Attorney Rice reported no actions were taken on closed session items.

OPEN SESSION
Call to order Mayor Inscore called the open session to order at 6:03 p.m.

MINUTES

REGULAR MEETING OF THE

CITY COUNCIL OF THE CITY OF CRESCENT CITY

FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
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Roll call Council Members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Finance Director Linda Leaver (via Zoom), Public Works Director Dave Yeager, Economic Development and Recreation Director Ashley Taylor, and Police Chief Richard Griffin
Pledge of Allegiance led by Mayor Inscore

PUBLIC COMMENT PERIOD
The following residents addressed the Council:

Dorothy Riley: spoke about Cointelpro and paid protagonists; spoke about a false narrative being spoken against her and an incident that happened at UC Davis and where she was accused of sexual harassment. She spoke about how she was a hostage of the FBI. ➢ Reports, Concerns, Referrals, Council travel and training reports – Council Member Wright: nothing to report
Council Member Greenough: nothing to report
Council Member Schellong: attended the Tolowa Dee-ni Nation Energy Reduction event held by students; downtown economic development meeting to come up with a new vision; Downtown Divas are having a Ladies Night on the 7th, the VFW will have a free event for children with Santa Mayor Pro Tem Altman: RCTA meeting spoke about rate increase study to meet grant standards that won’t go into effect until summer; there will be an electric bus for local routes only; the Williams location will have upgrades to infrastructure to maintain the electric buses. The transit center is moving forward across from the Cultural Center.

Mayor Inscore: attended the DNSWMA meeting, the LAFCO and CalLAFCO meeting, process of rebranding for CalLAFCO; met with stakeholders for the Center for the Performing Arts; Congressman Huffman reported the funds that will be available for Front Street; attended the Economic Development meeting which included discussions on the Cultural Center; spoke about Kamome Festival 2024. Thanked the community for coming out for the Christmas Light Parade and congratulated City staff for all of the hard work put into the event.

CEREMONIAL ITEMS
• Police Chief Commendation for CHP Sgt. Rick Borges and Sgt. Brandy Gonzalez Chief Griffin stated that Borges served 26 years and Gonzalez served 22, they both have been very involved in the community and made this a very safe community. Chief Griffin stated that they both helped him throughout his career and they both have been instrumental in his career as Chief. CHP Commander, Lt. Roach, stated that these officers have been spectacular for their community, they protected people and treated people with respect. Sgt. Borges thanked Chief Griffin and stated it has been his privilege to work in the community he grew up in. Appreciates Chief Griffin’s support during his career. Sgt. Gonzalez stated that it has been a blessing working with Chief Griffin and stated that our community is amazing and supportive. Mayor Pro Tem Altman thanked them both for their service and confirmed that Trunk or Treat will continue even after Sgt. Gonzlez’s retirement. Council Member Schellong congratulated the officers for their services. Mayor Inscore gave a humorous story about the one ticket he has received in over 50 years was given by Sgt. Borges. He appreciates the job CHP does. 3 | P a g e
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• Kim Smith Retirement
City Manager Wier thanked Mr. Smith for his 21 years of service to the City and gave a PowerPoint presentation that gave an overview of his career with the City. Mr. Smith stated that he has thoroughly enjoyed working for the City and it is because of the people who work there. Mayor Inscore stated that it is due to Mr. Smith’s work on Safety is one of the main reasons the City has obtained the RMAP award annually.
• Service above Self Proclamation
Mayor Inscore read the proclamation aloud and presented it to Cindy Henderson and Debra Wakefield for their service to our community during the Smtih River Complex Fire. He stated that both Mrs. Henderson and Mrs. Wakefield have been vital for the emergency response for this community. He stated that Mrs. Henderson made a community that was vulnerable to disasters to one that is strong. During the Smith River Complex Fire, City Manager Wier reached out to both Mrs. Henderson and Mrs. Wakefield and they immediately responded to the call to help the community get through the disaster. Mrs. Henderson spoke about her pride in all of the workers of the EOC, the volunteers, City and County staff. Mrs. Wakefield stated that the leadership and collaborative effort between the City and the County was what made the EOC work as well as it did. Council Member Schellong stated she had never worked an EOC before, but in her work with the EOC got to see both of them in action and it encouraged her to do a great job. Mayor Inscore stated he had seen Steve and Debra Wakefield coming by his house together as a part of the fire department all of the time. He said that people in the community have always expressed great legacy that they have left behind and the care they gave when they arrived on scene to an event.

He also stated he has learned quite a bit from Mrs. Henderson in regards to the response to a disaster.

Mayor Inscore took a five-minute recess at 6:45; called the meeting back to order at 6:53 p.m.

CONSENT CALENDAR

1. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period November 4, 2023 through November 17, 2023.

2. Council Meeting Minutes
• Recommendation: Approve the November 20, 2023 meeting minutes for the City Council.

3. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending November 18, 2023, paid November 22, 2023.

4. 2024 Regular City Council Meeting Calendar
• Recommendation: Approve and adopt Resolution No. 2023-83, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY ADOPTING THE 2024

REGULAR CITY COUNCIL MEETING CALENDAR

5. Code Enforcement Legal Services Budget Amendment
• Recommendation: Approve and adopt Resolution No. 2023-84, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY
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6. Budget-to-Actual Financial Reports for October 2023
• Recommendation: Receive and file budget-to-actual financial reports of the City’s major operating funds for Fiscal Year 2023-24 as of October 31, 2023

7. Storm Drain Master Plan Professional Services Agreement • Recommendation: Ratify the City Manager’s execution and approval of a revised Professional Services Agreement with GHD, Inc. to implement the Storm Drain Master Plan Project
Council Member Schellong asked for item 1 to be pulled from the consent calendar; the Council was in consenuss.

There were no comments from the public on items 2-7 of the consent calendar.

On a motion by Council Member Schellong, seconded by Council Member Wright and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City adopted items 2-7 of the consent calendar as presented.

Mayor Inscore stated that Council Member Schellong would be recusing herself from item 1 of the consent calendar due to a conflict.

There were no comments from the public on item number 1 of the consent calendar.

On a motion by Council Member Greenough, seconded by Council Member Wright, and carried on a 4-0-1 polled vote with Council Member Schellong being recused, the City Council of the City of Crescent City adopted item 1 of the consent calendar as presented.

REPORTS AND PRESENTATIONS

8. California Community Schools in Del Norte – Lisa Howard and Jeff Harris • Recommendation: Receive presentation
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Take action as necessary and appropriate
Del Norte Unified School District Superintendent Jeff Harris addressed the Council about the California Community Schools and the benefits it will provide to students. Stated that once services are up and running in the community, DNUSD will be coming to the City for a partnership.

Dorothy Riley: stated that one of the reason she went to school was to help children; she is concerned with brain to computer interface technology on children. It is one of the greatest health issues of our time. Spoke of times she rode the school bus and suffering through brain injury.

PUBLIC HEARING - None
CONTINUING BUSINESS – None

NEW BUSINESS

9. Phase 2 of Cultural Center / Joint Visitor’s Center Evaluation • Recommendation: Hear staff report
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• Technical questions from the Council
• Receive public comments
• Further Council discussion
• Direct City staff to bring back for Council approval an amendment to the Greenworks Agreement and associated budget amendment in the not to exceed net cost to the City of $62,770 for Phase 2 of the Cultural Center evaluation to become a joint visitor center
City Manager Wier addressed the Council and gave a presentation on the Regional Redwood Discovery Center. The inspiration for the park is Castle Rock, Elk Creek, Redwood Forest, beachgrass dunes and Tolowa art. Mike Abbate’ of Abatte Designs and subcontractor of Greenworks gave an overview of what the Discovery Center would look like as well as a detailed overview of the scope of work. City Manager Wier stated that the maximum net cost to the City for this project is $62,700 as there is a regional partnership contribution by Redwood Park Conservancy in the amount of $25k, State/National Park in the amount of $25k and the Chamber of Commerce – the amount proposal for a contribution goes before the Board next Friday. City Manager Wier explained that the amount of visitors has been steadily increasing, and getting to them into one building would really positively impact our economy. Due to the community engagement and the partnerships, this is a strong project. Council Member Schellong asked once the project is completed, will the City still be the owner of the building; City Manager Wier stated that the City will still maintain ownership. Mayor Pro Tem Altman asked regarding the design of the exterior building if a heartier wood was being considered for the siding instead of something that requires an annual staining; City Manager Wier stated that yes, this is something that will have to be considered as what is presently on the building is Redwood and that will not be readily available. Mr. Abatte stated that the bones of the building needs to be evaluated first and then the exterior will need to be evaluated for sustainability and redwood is not sustainable. Council Member Greenough stated that his time on the Cultural Center 2x2, there were many discussions on how to better utilize the building. He feels this is a key element as a resource for not only visitors but for residents as well. Mayor Inscore stated that he remembers Council Member Greenough’s suggestion to have the Tsunami Memorial Fountain to be located at the Cultural Center. Feels it is a great addition to the project. Mayor Inscore asked if this project is close to the $62k and for Finance Director Leaver’s opinion on use of the General Fund. He further asked of Mr. Abatte about the schedule of the project. Mr. Abatte stated that the schedule of the project for Phase 1 will be done three weeks before the grant is due. City Manager Wier stated that in regards how to pay for this project he will turn it over to Director Leaver for the budget-to-actual numbers; Director Leaver stated that the fiscal year audit is being wrapped up, the GF reserve is $350k. City Manager Wier stated there is $30k in Economic Development. EDA also has a grant opportunity with a 20% match that will come before the Council in the next couple of meetings.

Mayor Pro Tem Altman stated that we estimated $170k and the actuals are $350k; City Manager Wier confirmed that amount.

Dorothy Riley: stated that an employee of the Cultural Center threatened to call the police on her when she was protesting sex trafficking. She further stated that she could expose a great more than Edward Snowden did. Stated that music is what created a false narrative about her life.

Darrin Short: stated that Mr. Simonson, who built the Cultural Center, really wanted it to be the center of the community. Does not want the community center aspect of the building be taken away when it becomes the Welcome Center. Supports the project, but does not want to lose the community use aspect.

Roger Gitlin: asked for clarification on the financial ask of this particular agenda item. Mayor Inscore explained the financing of the project and broke down the numbers – he said the action tonight was for the $62k and to move forward with the partners. 6 | P a g e
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Mayor Pro Tem Altman wanted to address Supervisor Short’s comment; he stated that in order to accommodate all of the partners that the event center part of it would go away. The historical underuse of the area was taken into consideration as well as the deterioration of the kitchen.

There are some sentimental feelings towards the event center. Mayor Inscore stated that there is a part of a consideration that there will be a meeting space within the design. Mayor Pro Tem Altman stated that previous discussions were that due to the amount of space needed for the partners, events would not be feasible. City Manager Wier stated that the larger space would be a rotating exhibition hall that can serve many purposes. Council Member Schellong explained what the Cultural Center looked like when it was first created and the designer, Leland Simonson, only wanted the best for the community and would be supportive of this idea.

Tom Caul: stated that where he is from, they use tents to expand the building’s space and suggested that sort of use for the Cultural Center.

Council Member Schellong asked Mayor Inscore if he expected the Chamber to also provide funding for this project; Mayor Inscore stated that he believes they have the resources to make a contribution and he will be making that recommendation to the Board. Council Member Greenough asked for clarification that if the Chamber makes a contribution that the City’s net cost would lower; City Manager Wier answered in the affirmative.

On a motion by Council Member Greenough, seconded by Council Member Schellong, and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City directed City staff to bring back for Council approval an amendment to the Greenworks Agreement and associated budget amendment in the not to exceed net cost to the City of $62,770 for Phase 2 of the Cultural Center evaluation to become a joint visitor center

10. Tsunami Landing Plaza Design Option and Hours of Operation • Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Direct City staff to pursue design options to provide more versatility of use by creating better access and more space for events
• Direct City staff to pursue time-of-use restrictions
City Manager Wier stated that the current use of the Tsunami Landing Plaza is not conducive to City staff time as well as for the public enjoyment. He stated that because Beachfront Park is closed in the evening, and because of that, cleanup is not necessary before the public can use the space. The community has complained about the area, therefore staff is asking Council to direct staff to modify the hours of use for the Plaza which would require a small change in the ordinance. City Manager Wier gave an overview of the Plaza and explained that removing the walls and making it a level space would be fairly easy to do. This can be a self-regulated area and can be used for community events. Mayor Pro Tem Altman stated that during the Christmas Tree Lighting event, he thought about the fountain being there, you wouldn’t even be able to see the stage and Santa and it would need to be envisioned. He spoke of his concern of the children playing in the water in the space of where the fountain had been as it was not safe. He does not feel it should be a fountain, but for the monument to be relocated with a plaque as the sculpture is a nice piece of art and doesn’t fit the space. He further stated that due to the walls being there, it makes it even more difficult for City staff to clean the area. Would like to see an ordinance change to match Beachfront Park. Council Member Greenough stated that he is in favor of removing the walls to make the space more usable for events. Would like for the fountain to remain a fountain and fully restored. Would like to start with having the walls removed and limit 7 | P a g e
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the hours of use of the space. Council Member Wright agrees with the ordinance change and to have the walls removed. Council Member Schellong is in favor of removing the walls and change the hours of use. Stated that the people who she has spoken to and have lived here a long time would like to see the fountain remain in that spot. Especially since it is a memorial, it is important for it to stay where it is. Mayor Inscore suggested having more public engagement on how to revitalize downtown. Agrees that the sculpture was designed to be a fountain and supports that idea. Would like to change the ordinance and treat this like a public space with time restrictions.

He agreed with Mayor Pro Tem Altman that it is not a safe spot for children to be running around.

The Council was in consensus for staff to bring back an estimate of what it would cost to remove the walls and the ordinance change as soon as possible. Council Member Wright asked if the ordinance needed to have s specific area; City Attorney Rice stated that the ordinance currently reads “all City parks” - this would be consistent with adding it as an additional park. Mayor Inscore asked if it could be clarified that it be established by way of resolution; City Attorney Rice stated that the enforcement aspect comes from the violation of the ordinance, therefore needs to be in that form. There was unanimous consensus from the Council to change the hours and to revisit the design of the plaza.

Darrin Short: wants the Tsunami Memorial Fountain put back in place as soon as possible; would like to see the use of the plaza and removing the walls happen as the Council agreed.

Dorothy Riley: stated that there are so many vacant buildings that they should be considered to be used to house the unhoused.

11. 2024 Boards and Committee Appointments
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Confirm the Mayor’s appointments 2024 Boards and Committees Mayor Inscore stated that the Boards and Committees that were no longer active have been removed from the list. Council Member Schellong asked about the ad hoc committees; City Manager Wier stated that those will be decided on an as needed basis. Council Member Greenough asked for someone else to be appointed for the PBSP Citizens Advisory Commission; Council Member Schellong volunteered to be the alternate. Mayor Pro Tem Altman stated that the League of California Cities representative needed to be discussed; Mayor Inscore stated that it is important to continue to attend the meetings to network and see what other cities are doing.

A good example of the benefits is the fact that at one meeting that was attended the discussion of a tax measure was held and got onto our radar. There is value if the Council Member appointed can make it – they are on Fridays and never up here. Council Member Wright stated that he is available on Fridays to be appointed to the Redwood Empire Division. Mayor Inscore would like to find out from Sara Sanders if someone needs to be elected because the officers are voted on.

Clarification is needed to see if it needs to be one person or can be three people to attend different meetings. Council Member Schellong asked about the Animal Control/Dispatch was not on the list; City Manager Wier stated that since it is an ad hoc, those appointed members will remain, but are not on the list. For the Redwood Empire Division appointee, it will be moved to December 16th meeting.

Dorothy Riley: would like to see Boards and Committees include Cointelpro, FBI, and police brutality. Would like to see gaslighting as a part of this list. Spoke about the records she received from her public records request.
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On a motion by Council Member Greenough, seconded by Council Member Wright and carried unanimously on a 5-0 polled vote, the City Council of the City of Crescent City confirmed the Mayor’s appointments to the 2024 Boards and Committees with Council Member Greenough being replaced by Council Member Schellong as the alternate to the Pelican Bay State Prison Citizens Advisory Commission

CITY COUNCIL ITEMS
➢ Legislative Matters – None
➢ City Manager Report and City Council Directives – City Manager Wier reported on the following City events:
o Christmas Tree lighting was a success
o Chipotle is breaking ground
o The Planning Commission discussed the new family units being built at their last meeting
o The City will be seeking an EDA Grant and USDA Grant for a new vehicle for the fire department
Council Member Greenough asked for an update on the jetty and the dangers; City Manager Wier stated that Director Yeager has been trying to work with the Army Corps of Engineers.

ADJOURNMENT
There being no further business to come before the Council, Mayor Inscore adjourned the meeting at 9:07 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, December 18, 2023 at 6:00 p.m. in the Flynn Center, 981 H Street, Crescent City, CA 95531.

ATTEST:
______________________
Robin Altman
City Clerk/Administrative Analyst
Home Dept. Regular Pay Overtime Gross Pay Employees Notes City Council (110) 3,509.84 - 3,509.84 5
Administration (111) 15,319.81 206.75 15,526.56 4
Econ Dev / Grants (112) 9,596.67 416.06 10,012.73 3
Human Resources (114) 2,741.44 - 2,741.44 1
Finance (120) 13,420.36 35.38 13,455.74 5
City Attorney (130) 5,128.07 - 5,128.07 1
Fire (230) 16,490.98 356.53 16,847.51 5
Police (240) 44,867.19 5,792.65 50,659.84 16
Planning (313) 2,345.47 - 2,345.47 2
Public Works (350) 50,093.03 3,288.89 53,381.92 22
Recreation (450) 1,724.20 129.32 1,853.52 1
Swimming Pool (480) 16,668.01 982.28 17,650.29 18
Housing (490) 10,821.37 175.95 10,997.32 4
192,726.44 11,383.81 204,110.25 87
Payroll summarized above according to employees' home departments. Actual costs of employees are charged to department / fund where work was performed.

City of Crescent City
Biweekly Payroll Report
Payroll Ending 12/02/23
Pay Date 12/08/23
Check Numbers: 111051-111056 (Plus Direct Deposits)

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ROBIN ALTMAN, CITY CLERK / ADMINISTRATIVE ANALYST
DATE: DECEMBER 18, 2023
SUBJECT: BORDER COAST REGIONAL AIRPORT AUTHORITY APPOINTMENT ______________________________________________________________________

RECOMMENDATION
• Adopt Resolution No. 2023-85, A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF CRESCENT CITY APPOINTING ONE MEMBER AND ONE

ALTERNATE MEMBER TO THE BORDER COAST REGIONAL AIRPORT

AUTHORITY BOARD OF COMMISSIONERS

BACKGROUND
The Third Amended Joint Powers Agreement of the Border Coast Regional Airport Authority (BCRAA) provides that the City of Crescent City is entitled to appoint one Commissioner and one Alternate Commissioner to the BCRAA Board of Commissioners.

ITEM ANALYSIS
This appointment must be made by resolution of the City Council. At the December 4, 2023 regular meeting of the City Council, the Council confirmed the Mayor’s appointments to the BCRAA board:
• Kelly Schellong, Member
• Blake Inscore, Alternate
Adoption of the resolution confirms these appointments by resolution as required of the BCRAA joint powers agreement.

ATTACHMENTS

1. Resolution No. 2023-85
CITY OF CRESCENT CITY RESOLUTION NO. 2023-85 Page 1
RESOLUTION NO. 2023-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY APPOINTING ONE

MEMBER AND ONE ALTERNATE MEMBER TO THE BORDER COAST REGIONAL AIRPORT

AUTHORITY BOARD OF COMMISSIONERS
WHEREAS, the Border Coast Regional Airport Authority (the Authority) is a public entity established under Government Code sections 6500, et. seq., the "JPA Law"; and WHEREAS, the Third Amended Joint Powers Agreement of the Authority provides that the City of Crescent City is entitled to appoint one Commissioner and one Alternate Commissioner, which appointments must be made by resolution of the City Council; and WHEREAS, the Authority appointments run in four year terms, regardless of terms identified by member agencies; and
WHEREAS, the current City appointee has resigned from the City Council; and WHEREAS, the internal practice of the City Council is to review appointments to external bodies annually, with the Mayor making appointments that are subject to the power of the Council to reject those appointments; and
WHEREAS, the current appointees are Kelly Schellong (Member) and Blake Inscore (Alternate), and current City terms will last until December of 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Crescent City hereby reaffirms its approval of the Mayor's appointments of the following individuals to serve on the Border Coast Regional Airport Authority Board of Commissioners:
• Kelly Schellong, Member
• Blake Inscore, Alternate
PASSED AND ADOPTED and made effective the same day by the City Council of the City of Crescent City on this 18th day of December, 2023, by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_____________________________
Blake Inscore, Mayor
ATTEST:
__________________________
Robin Altman, City Clerk

CITY COUNCIL AGENDA REPORT
TO: MAYOR BLAKE INSCORE AND MEMBERS OF THE CITY COUNCIL FROM: ERIC WIER, CITY MANAGER
BY: RICHARD GRIFFIN, CHIEF OF POLICE
DATE: DECEMBER 18, 2023
SUBJECT: MUTUAL AID AGREEMENT WITH NATIONAL PARKS SERVICE ______________________________________________________________________

RECOMMENDATION
• Approve and authorize the City Manager and Chief of Police to sign the General Agreement Between the National Parks Service and the Crescent City Police Department

BACKGROUND
Pursuant to California law, Crescent City police officers are only authorized to act as peace officers outside of their jurisdiction under specified circumstances. One of those circumstances is when the police officer has probable cause to believe that a crime has been committed in his or her presence and there is either an immediate danger to person or property or of the escape of the perpetrator of the offense. Another circumstance is when the law enforcement authority of another jurisdiction consents to such activity.

Currently the Crescent City Police Department has consent to work in the jurisdiction of the Del Norte County Sheriff and is looking to work with other agencies to share resources as needed for the protection of the citizens.

ITEM ANALYSIS
This agreement does not obligate the City to provide any patrol or law enforcement services within the Redwood National Park. The purpose of this agreement is to establish the terms and conditions under which the parties will provide mutual law enforcement assistance and conduct search and rescue operations on lands within the Park’s boundaries or within Crescent City.

This agreement will provide a benefit to both agencies emergency events. For purposes this agreement, an emergency is defined as an immediate, serious threat to public health, safety, or property, including but not limited to the following:

Mutual Aid Agreement National Parks Service
DECEMBER 18, 2023
2 a. Life or death incidents;
b. Accidents or incidents involving a serious injury or fatality; c. Crime scenes involving the protection of human life; d. Officer in trouble;
e. Felonies committed in the presence of the NPS Law Enforcement Ranger; or f. Misdemeanors committed in the presence of a NPS Law Enforcement Officers that pose an immediate threat to public health, safety, or property.

FISCAL ANALYSIS
This project will not have a direct fiscal impact to the City.

STRATEGIC PLAN ASSESSMENT
This agreement meets the goals and objectives of Goal 1 “Support quality services and community safety to enhance the lives of our citizens and visitors.”

ATTACHMENTS
General Agreement Between the National Parks Service and the Crescent City Police Department
1 Agreement Number: (REDW-2024-0003)

GENERAL AGREEMENT

BETWEEN THE

NATIONAL PARK SERVICE

AND THE

CRESCENT CITY POLICE DEPARTMENT
This agreement is entered into by and between the National Park Service (hereinafter “NPS”), an agency of the United States Department of the Interior, acting through the Superintendent of Redwood National Park (hereinafter “REDW or “park”), and the Crescent City Police Department (hereinafter “CCPD”), California, acting through the Chief of Police. Throughout this agreement the NPS and the CCPD may be referred to jointly as “the parties.”

ARTICLE I - BACKGROUND AND OBJECTIVES
The purpose of this agreement is to establish the terms and conditions under which the parties will provide mutual law enforcement assistance and conduct search and rescue operations on lands within the Park’s boundaries or within Crescent City.

Currently, the NPS is responsible, pursuant to 54 U.S.C. § 102701(a)(1) “to designate . . . certain officers or employees of the Department of the Interior who shall maintain law and order and protect persons and property within areas of the National Park System.” Likewise, the CCPD is responsible for maintaining law and order and protecting persons and property within Crescent City and in the immediate surrounding areas.

ARTICLE II - AUTHORITY
This Agreement is entered into under the authority of 54 U.S.C. § 102711, which authorizes the Secretary of the Interior to render “emergency rescue, fire fighting, and cooperative assistance to nearby law enforcement and fire prevention agencies and for related purposes outside of the National Park System” and 54 U.S.C. § 102701(b)(2), which authorizes the Secretary of the Interior to “cooperate, within the [National Park] System, with any State or political subdivision of a State in the enforcement of supervision of the laws or ordinances of that State or subdivision.”

ARTICLE III - STATEMENT OF WORK
The Parties agree to the following:

A. In-park Law Enforcement Pursuant to 54 U.S.C. § 102701 and Search and Rescue Operations
2 1. In accordance with 54 U.S.C. § 102701, NPS Law Enforcement Officers shall enforce all applicable federal laws within “REDW”.

2. NPS Law Enforcement Officers may enforce state laws and city ordinances within the portion of REDW located within Crescent City.

3. As between the parties, the NPS shall be primarily responsible for responding to, investigating, prosecuting, or taking other appropriate action respecting violations of state law or county ordinances within the portion of REDW located within Crescent City. If the NPS does not have sufficient personnel or other resources to do so, then the NPS shall promptly request assistance from the CCPD, and the CCPD shall provide such assistance to the extent that it is able to do so.

4. If an incident that occurs within the portion of REDW located within Crescent City is a violation of both federal and state law, then the NPS shall determine, after consulting with the United States Attorney’s Office and other appropriate agencies, whether the violation should be prosecuted through the federal or state system.

5. As between the parties, the NPS shall be primarily responsible for conducting search and rescue operations within the portion of REDW located within Crescent City. If the NPS does not have sufficient personnel or other resources to do so, then the NPS shall promptly request assistance from the CCPD, and the CCPD shall provide such assistance to the extent that it is able to do so.

B. Out-of-park Emergency Law Enforcement assistance pursuant to 54 U.S.C. § 102711

1. For purposes of interpreting this agreement, an emergency is an immediate, serious threat to public health, safety, or property, including but not limited to the following:
a. Life or death incidents;
b. Accidents or incidents involving a serious injury or fatality; c. Crime scenes involving the protection of human life; d. Officer in trouble;
e. Felonies committed in the presence of the NPS Law Enforcement Ranger; or
3 f. Misdemeanors committed in the presence of a NPS Law Enforcement Officers that pose an immediate threat to public health, safety, or property.

2. Upon receiving an official request from the CCPD, the NPS shall render emergency law enforcement assistance (in those situations described in provision II.B.1 above) to the CCPD outside of REDW whenever possible. The CCPD shall direct such requests to the NPS Chief Ranger or his/her designee, who must approve all such requests before any NPS Law Enforcement Officers may render emergency assistance.

3. The NPS may render emergency law enforcement assistance outside of REDW in those situations where a properly appointed or otherwise legally empowered NPS Law Enforcement Officer, while in the course of his/her official duties, observes an emergency situation (as defined in provision II.B.1 above), at which time the NPS Law Enforcement Officer may take appropriate initial action to secure and manage the scene. The NPS shall immediately notify the CCPD of the emergency. Upon arrival of the first CCPD officer on the scene, the NPS Law Enforcement Officer shall relinquish control to the CCPD officer; however, upon request the NPS Law Enforcement Officer may assist the CCPD officer for the duration of the emergency incident.

4. The NPS shall render assistance only until such time as the CCPD has enough resources on the scene to adequately control the emergency or until the emergency no longer exists, whichever comes first.

5. The on-scene commanding officer of the CCPD shall be in command of all officers, including NPS Law Enforcement Officers who are rendering emergency assistance; provided that the CCPD on-scene commander shall exercise command of NPS Law Enforcement Officers only through the highest ranking NPS Law Enforcement Officer on the scene, which individual shall be identified by the NPS.

6. At any time the NPS Chief Ranger or his/her designee may decide to withdraw emergency law enforcement assistance outside of REDW

7. Only NPS Law Enforcement Rangers who are empowered to enforce state law may render emergency law enforcement assistance under this agreement.

8. NPS Law Enforcement Rangers rendering emergency assistance to the CCPD pursuant to this agreement shall wear an approved NPS uniform or, if approved by the NPS Chief Ranger or his or her designee, plain clothes; shall remain 4 under the authority and control of NPS supervisors; shall be subject to the laws, regulations, and policies of the NPS and of the United States; and shall not receive any monetary compensation from any source other than the NPS.

9. NPS Law Enforcement Officers rendering emergency assistance to the CCPD pursuant to this agreement shall be deemed to be acting within the scope of their federal employment. Under no circumstances shall NPS Law Enforcement Officers be deemed to be “borrowed servants” of the CCPD.

C. The parties further agree as follows:

1. The parties will exercise their best effortsto perform their responsibilities. under this agreement in a timely and professional manner. However, nothing in this agreement is intended to restrict either party's lawful discretion to act (or not to act) in the manner it deems most appropriate in a particular situation.

2. Each party will bear its own costs for furnishing services under this agreement, and neither party will claim reimbursement for those costs from the other.

3. Nothing in this agreement will be construed to bind the NPS to expend in any one fiscal year any sum in excess of funds appropriated by Congress or allocated by the NPS for the purposes of this agreement.

4. Consistent with 54 U.S.C. § 102701(B), state: “Each party hereby waives any and all claims, demands, and causes of action against the other party and its employees, and releases the other party and its employees from any and all liability arising out of or resulting from activities under this agreement. Each party will be solely responsible for any and all claims, demands, and causes of action filed by third parties arising out of or resulting from the activities of its employees under this agreement, including, but not limited to, the costs of investigating and defending against such claims, demands, and causes of action and the costs of paying any compromise settlements, judgments, assessed costs, or fees (including attorney's fees). Notwithstanding the foregoing, the parties will cooperate with each other, to the maximum extent practicable in the investigation and defense of any claim, demand, or cause of action filed by a third party arising out of or resulting from activities under this agreement.”

5. The parties will coordinate all public information releases about law enforcement incidents,investigations, actions, or other matters involving both parties. No public information release by one party may refer to the other party or to any employee of the other party, by name or otherwise, without the other party's prior approval.
5 6. To the maximum extent possible under their respective legal authorities, the parties shall cooperate in the investigation or prosecution of any violation of federal or state law within Del Norte County.

ARTICLE IV - TERM OF AGREEMENT
This agreement will be effective for a period of five years after the date of final signature, unless it is terminated earlier by one of the parties pursuant to article VIII below. At the conclusion of that five-year term, this agreement may be extended or renewed by written agreement of the parties.

ARTICLE V - KEY OFFICIALS
All communications and notices regarding this agreement shall be directed to the following key official(s) for each party:

For the NPS:

Steven Mietz
Superintendent, Redwood National Park
1111 Second St.

Crescent City, CA 95531
707 951 6770
For the CCPD:

Richard Griffin
Chief of Police, Crescent City Police Department
686 G St
Crescent City, CA 95531

ARTICLE VI - PROPERTY UTILIZATION
Unless otherwise agreed to in writing by the parties, any property furnished by one party to the other shall remain the property of the furnishing party. Any property furnished by the NPS to the CCPD shall be used and disposed of as set forth in the NPS Property Management Regulations.

ARTICLE VII - PRIOR APPROVAL
6 See Article II (Statement of Work) above.

ARTICLE VIII - REPORTS AND/OR OTHER DELIVERABLES
Upon request and to the extent permitted by applicable law, the parties shall share with each other final reports of incidents involving both parties.

ARTICLE IX - MODIFICATION AND TERMINATION
This agreement may be modified only by a written instrument executed by the parties.

Either party may terminate this agreement by providing the other party with sixty (60) days advance written notice. In the event that one party provides the other party with notice of its intention to terminate, the parties shall meet promptly to discuss the reasons for the notice and to try to resolve their differences amicably. The parties commit to using every reasonable mem1s available, including the use of a neutral mediator if necessary, to try to avoid terminating this agreement.

ARTICLE X - STANDARD CLAUSES
A. Civil Rights
During the performance of this agreement, the parties agree to abide by the terms of the USDI-Civil Rights Assurance Certification, non-discrimination, and will not discriminate against any person because of race, color, religion, sex, or national origin. The parties will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, or national origin.

B. Officials Not to Benefit
No member of delegate to Congress, or resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit.

ARTICLE XI - SIGNATURES
In witness hereof, the following authorized representatives of the parties have signed their names on the dates indicated below, thereby executing this agreement.

FOR THE NATIONAL PARK SERVICE:
7 ___________________________________ _____________________________ Stephen Troy Date
Chief Ranger, Redwood National Park
___________________________________ _____________________________ Steven Mietz Date
Superintendent, Redwood National Park
FOR THE CRESCENT CITY POLCE DEPARTMENT:
_____________________________
Richard Griffin Date
Chief of Police, Crescent City
_____________________________
Eric Weir Date
City Manager, Crescent City

FOR THE NATIONAL PARK SERVICE
____________________________________ ____________________________ David Szymanski Date
Regional Director, Interior Regions 8,9,10 &12

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: LINDA LEAVER, FINANCE DIRECTOR
DATE: DECEMBER 18, 2023
SUBJECT: CAL OES REIMBURSEMENT FOR FIRE MUTUAL AID – SMITH RIVER

COMPLEX FIRE
______________________________________________________________________

RECOMMENDATION
• Approve and adopt Resolution No. 2023-86, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE CITY BUDGET FOR FY 2023-24

BACKGROUND
During large fire events, local agencies may be called upon to provide assistance through mutual aid agreements. Crescent City Fire & Rescue, which is operated jointly through a Memorandum of Understanding between the City of Crescent City and the Crescent Fire Protection District, was requested to assist during the Smith River Complex Fire. The California Office of Emergency service (Cal OES) reimburses local agencies for their mutual aid response.

ITEM ANALYSIS
Crescent City Fire & Rescue responded to the Smith River Complex Fire through a mutual aid agreement with Cal OES. The State reimburses local agencies for the costs associated with this response, including wages, stipends, benefits, vehicle and equipment expenses, lodging and meals (if applicable), and overhead. The State’s mutual aid agreement is set up for Cal OES to reimburse the Fire District directly.

Under the MOU between the City of Crescent City and the Crescent Fire Protection District, the City provides administrative services to the joint fire department, including processing payroll and benefits. The City has already paid the Career Fire Captains for the overtime associated with their hours spent on the Smith River Complex Fire response.

Cal OES also pays volunteer firefighters at a pre-set state hourly rate for their response.

The City will process those payments, and the District will reimburse the City for all wages, overtime, stipends, and benefits costs plus an administrative overhead charge. The District will then be reimbursed by Cal OES. This arrangement allows the volunteers to be paid out sooner, and the District reimburses the City immediately and then waits for reimbursement from the State.

FISCAL ANALYSIS
The total estimated cost for the firefighters in overtime, stipends, and benefit expenses is $143,743. The District will reimburse the City $153,805 including overhead. The District will recover the full amount from Cal OES plus additional reimbursement for the use of District vehicles and overhead.

STRATEGIC PLAN ANALYSIS
This action supports Strategic Plan Goals #1C Empower and utilize Police, Fire, and Public Works departments to make Crescent City one of the safest cities in the United States; #2A Evaluate and optimize additional revenue sources; #2D Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities; and #3B Maintain responsible fiscal management and accountability.

ATTACHMENT

1. Resolution No. 2023-86
CITY OF CRESCENT CITY RESOLUTION NO. 2023-86 Page 1
RESOLUTION NO. 2023-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2023, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 5 th day of June 2023; and
WHEREAS, the City Council adopted said budget by way of Resolution No. 2023-39 and has the authority to amend said budget from time to time; and
WHEREAS, Crescent City Fire & Rescue assisted with the Smith River Complex Fire response through a mutual aid agreement with Cal OES; and
WHEREAS, the City has an agreement with Crescent Fire Protection District whereby the City provides administrative services including payroll and benefits, and the District reimburses the City for costs plus administrative overhead; and
WHEREAS, the Fire District will reimburse the City for these costs, and then Cal OES will reimburse the Fire District; and
WHEREAS, fulfillment of these priorities requires an amendment to the operating budget.

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

1. That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:

Revenue Increase (Decrease) Expenditure Increase (Decrease) General Fund $153,805 $143,743
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 18th day of December 2023 by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: DAVID YEAGER, PUBLIC WORKS DIRECTOR

ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: DECEMBER 18, 2023
SUBJECT: CITY HALL AND CORPORATION YARD BUILDING MAINTENANCE ______________________________________________________________________

RECOMMENDATION
• Approve and adopt Resolution No. 2023-87, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY

BACKGROUND
The current City Hall located at 377 J Street was purchased by the City in 1990. The current building is a two-story building that was originally designed to be a real estate office. City Hall functions as the operational center for Community Development, Public Works Administration, Information Technology, Planning, Finance, Economic Development, Legal, Human Resources, City Clerk, and City Manager offices as well as offers services to the Public that include Water and Sewer utility billing and development permits.

The heating system for the upper floor of City Hall has failed. Originally just the heat pump failed. Then the interior “emergency” electrical system also failed. The heating system was examined by three contractors. All three came up with the same diagnosis and quoted similar replacement equipment.

The City’s Corporation Yard is located at 900 10th Street. The mechanic’s shop was built around 1954. There is no history of installation or maintenance of the overhead roll up door located on the east side of the Corporation Yard. This 14-foot-wide overhead roll-up door has reached end of life, has become a safety hazard, and needs replacement. The door currently needs to be opened with equipment (not safe) and complete failure of the door is imminent.

ITEM ANALYSIS

CITY HALL & CORPORATION YARD BUILDING MAINTENANCE
DECEMBER 18, 2023
2 First Service Plumbing and Heating was the low estimate at $14,755.00 for the following equipment to be installed at City Hall:
• Removal and disposal of existing heat pump including indoor and outdoor units. • Installation of 5-ton Daikin heat pump including indoor and outdoor units.

Northwoods Overhead Door and American Industrial Door, LLC both provided quotes for the installation of a 14’x14’ steel rolling door with 22-gauge slats with a chain hoist.

Northwoods Overhead Door was the low estimate at $7,347.00.

FISCAL ANALYSIS
These two failures were not expected nor budgeted for this year. The attached resolution would increase the budgeted expense in the Building Maintenance Fund so that other projects originally included in this year’s fiscal budget can still be accomplished. As an internal service fund, the Building Maintenance Fund covers the costs associated with the maintenance of general City buildings and then recovers those costs from other City departments that benefit from the services.

Item Cost
City Hall heat pump replacement $14,755.00
Corporation Yard mechanic’s overhead roll-up door $7,347.00 Total $22,102.00

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
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs.

ATTACHMENTS

1. Resolution No. 2023-87 (Budget Amendment)
CITY OF CRESCENT CITY RESOLUTION NO. 2023-87 Page 1
RESOLUTION NO. 2023-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2023, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 5 th day of June 2023; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, the City of Crescent City owns and maintains the buildings located at 900 10th Street (APN 118-260-001-000), also known as the Corporation Yard; and WHEREAS, the roll-up overhead door on the mechanics shop has reached end of life requiring replacement; and
WHEREAS, the City of Crescent City owns and maintains the building located at 377 J Street (APN 118- 120-033-000), also known as City Hall; and
WHEREAS, the heat pump for the second floor has reached end of life requiring replacement; and WHEREAS, the FY2023-24 Budget does not contain a planned expense to conduct these necessary repairs; and
WHEREAS, fulfillment of these priorities requires an amendment to the operating budget.

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

1. That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:

Revenue Increase (Decrease) Expenditure Increase (Decrease) Building Maintenance
Fund
$22,102 $22,102
General Fund $6,189
RV Park Fund $1,105
Sewer Fund $7,404
Water Fund $7,404
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 18
th day of December 2023 by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: DECEMBER 18, 2023
SUBJECT: PHASE 2 OF CULTURAL CENTER / JOINT VISITOR’S CENTER

EVALUATION

RECOMMENDATION
• Approve and authorize the City Manager to sign Amendment No. 5 to the Agreement for Professional Services Agreement with GreenWorks, PC • Approve and adopt Resolution No. 2023-88, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY

BACKGROUND
In December 2021, the City was awarded $5 million in Statewide Park funding under Prop

68. That funding will be used to complete the following features in Beachfront Park: (1) Park Entry at Stamps Way; (2) Bike Park - Pump Track; (3) Tolowa Cultural Interpretive Area with Indigenous Plantings; (4) One Mile Class 1 Trail/Exercise Loop; and (5) New ADA Playground.

The City was also granted $177,952 in Prop 68 Per Capita funding, which the Council approved to fund the Paths of Culture project on the west side of the park adjacent to the pool and Tolowa Cultural Interpretive Area.

In August 2022, the City was awarded an additional $3 million in Rural Recreation funding under Prop 68 to add the Amphitheater and Waterfront Plaza to the Beachfront Park improvement project.

Also in 2022, the City conducted a very robust competitive procurement process to select a team of design professionals to create the final design of the above-described elements of Beachfront park and to oversee their construction. The City received three proposals from teams that were all highly qualified and able to perform the work. One team, however, stood out as being the right fit for this particular project. The GreenWorks team was able to communicate an understanding of both the importance of this project to this community and the City’s vision of creating a shared space inclusive of a multitude of uses that can be enjoyed by everyone that lives and visits here; uses such as recreational

EVALUATION OF CULTURAL CENTER
DECEMBER 18, 2023
2 opportunities, historical and cultural education and experiences, live entertainment, venues for large and small celebrations or gatherings, etc.

Upon the unanimous recommendation of the city selection panel, the City Council approved an agreement with GreenWorks, PC on June 20, 2022.

Through community economic development meetings and stakeholder discussions regarding Beachfront Park, the Redwood Parks Conservancy (a non-profit organization with a mission to promote and support the Redwood National and State Parks), State and National Parks staff, Del Norte Chamber of Commerce staff, and City staff have had mutual conversations about the possibility of consolidating and relocating the Redwood National and State Parks visitor centers to the Cultural Center. The Cultural Center already houses the Crescent City – Del Norte Chamber of Commerce Visitor’s Center.

This partnership would create a joint visitors center allowing for a central location for Del Norte County visitors to gather information on the vast array of amenities, activities, and recreational opportunities that Del Norte County has to offer.

The Cultural Center is located in the northeastern corner of Beachfront Park near Highway 101 and the entrance to the Park. Due to its location, it made sense to engage GreenWorks on this project as part of the larger Beachfront Park Project. It is important that any changes to the Cultural Center in its function or its structure are done with the intent of being part of the Beachfront Park experience as a whole. These two projects need to speak to each other and the best way to do that is to utilize the same design professionals on both projects.

Because GreenWorks has already been engaged on the Beachfront Park project and due to that engagement sits in a very unique position with being able to blend ancillary projects into the larger project, the City is able to add this additional scope to their contract without conducting an additional procurement process.

The first step (Phase 1) in the process evaluated the feasibility of using the Cultural Center for this purpose. What would the layout be? Could the building still be used for other purposes? What improvements would need to be made? And so on. The Redwood Parks Conservancy offered to partner with the City in this exploratory phase. Greenworks has completed this phase with the end recommendation being: Yes, “The existing Crescent City Cultural Center holds great potential to be transformed into the Del Norte Discovery Center.” (See attached Del Norte Discovery Center Programming and Conceptual Design Report dated 8.15.23).

The contract amount for Phase 1 was not-to-exceed $48,116, with a $21,523 contribution from the Redwood Parks Conservancy, the net fiscal impact to the City’s General Fund was $26,593.

ITEM ANALYSIS

EVALUATION OF CULTURAL CENTER
DECEMBER 18, 2023
3 The completed Phase 1 report was submitted and reviewed by the partnering agencies staff (City, State / National Parks, Redwood Parks Conservancy, and Crescent City - Del Norte Chamber of Commerce). All partners unanimously supported the findings of the report and pledged commitment to completing the next phase.

Upon completion of this phase staff believes we will be in a strong position to apply for future grants to complete the construction documents and implementation. Time is of the essence though as one of our first opportunities to acquirement grant funding for this project is through the CA Jobs First Grant (formerly known as CERF). Although the exact process and timeline is still unknown at this time, it is estimated that those grant proposals will start to be discussed by the working groups in January and will be submitted for funding in May 2024.

At the December 4th meeting, the City Council was in support of pursuing phase 2 and directed staff to bring back a contract amendment with GreenWorks as well as any necessary budget amendment resolution.

FISCAL ANALYSIS
The agreed compensation for this phase 2 scope of work is not-to-exceed $112,770. The Redwood Parks Conservancy and Redwood State Parks have both pledged $25,000 for a total of $50,000. This would leave the City responsible for $62,770. Staff proposes using General Fund reserves to pay for the City’s cost share. The Chamber of Commerce is also committed to the project and considering funding for phase 2, however, this has not gone before their Board yet. If the Chamber does commit funds this would reduce the City’s contribution.

CEQA ANALYSIS
The action does not constitute a “project” under CEQA because it has no potential environmental effect.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic plan Goals:
• GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND

HEALTH TO ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR

RESIDENTS AND VISITORS
A. Enhance collaboration with other agencies and the community to better aid the public.

D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs

EVALUATION OF CULTURAL CENTER
DECEMBER 18, 2023
4 F. Incorporate health considerations into decision-making across departments and policy areas by: Examining methods to maintain, enhance, and expand park and recreation facilities
• GOAL 2: PROMOTE A THRIVING LOCAL ECONOMY
B. Support community organizations that provide measurable services to the community.

C. Research and implement methods to increase local tourism and funding for tourism promotion.

D. Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities.

E. Create an environment that is conducive to attracting and retaining strong, sustainable businesses that reflect community needs and culture.

ATTACHMENTS

1. Amendment No. 5 to the Agreement for Professional Services with GreenWorks, PC

2. Resolution No. 2023-88 (budget amendment)
AMENDMENT NO. 5

TO AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF CRESCENT CITY AND GREENWORKS, PC
This amendment (Amendment No. 5) amends the Agreement for Professional Services entered into June 20, 2022 by and between the City of Crescent City, a California municipal corporation (“City”) and GreenWorks, PC, an Oregon corporation (Consultant”), as amended August 15, 2022, November 7, 2022, February 21, 2023 and March 20, 2023.

WHEREAS, the City conducted a very competitive and robust procurement process for the selection of a professional team to design and manage implementation of Phase 1 of the Beachfront Park Master Plan; and
WHEREAS, Consultant was selected from among a very talented and experienced applicant pool to perform the work; and
WHEREAS, a little more than a year ago, the City began discussions with the Chamber of Commerce and the Redwood State and National Parks / Redwood Parks Conservancy about how the organizations could work together to promote tourism through a joint “discovery center” and possibly utilize the Cultural Center as the location for this endeavor; and
WHEREAS, the location of the Cultural Center within Beachfront Park requires that its use and functionality fit within the Beachfront Park Master Plan and thus, the City chose to utilize the GreenWorks team for the initial exploration of the reimagining of the Cultural Center; and WHEREAS, the City in partnership with the Redwood Parks Conservancy, the Redwood National and State Parks, and the Crescent City – Del Norte Chamber of Commerce Visitor’s Center, desires to continue the evaluation of utilizing the Cultural Center as a joint visitor’s center or discovery center; and WHEREAS, both the Redwood Parks Conservancy and the California State Parks Redwoods District have both committed $25,000 for a total of $50,000 toward this second phase of the evaluation process; and WHEREAS, an amendment to the Consultant’s scope of work and the contract price is necessary to add the expanded scope to the agreement.

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

1. SCOPE OF SERVICES. The scope of services to be performed under the Agreement is amended to include the additional services described in Attachment A, attached hereto and incorporated herein by this reference.

2. SCHEDULE FOR PERFORMANCE. The scope of services identified in Attachment A are to be performed in accordance with the schedule outlined in Attachment B, attached hereto and incorporated herein by this reference.

3. COMPENSATION. The total compensation to be paid to Consultant for services to be performed under this Amendment No. 3 is the not-to-exceed amount of $112,770.00 in accordance with the fee schedule included in Attachment C, attached hereto and incorporated herein by this reference.

4. OTHER TERMS AND CONDITIONS. Except as expressly modified in this Amendment No. 3, the terms and conditions of the Professional Services Agreement, as previously amended, and the rights, duties, and obligations of the parties thereunder are unchanged and remain in full force and effect.

The parties hereby cause this Amendment No. 5 to the agreement for Professional Services to be executed this 18th day of December 2023 at Crescent City, California.

CITY OF CRESCENT CITY GREENWORKS, PC
Eric Wier, City Manager
APPROVED AS TO FORM:

Martha D. Rice, City Attorney
Paul Agrimis, Principal
ATTACHMENT A – ADDITIONAL SCOPE OF SERVICES

DISCOVERY CENTER EVALUATIONS AND CONCEPTUAL DESIGN

3.1: Kickoff, Research and Assessment
Work with the City and key stakeholders to evaluate the existing Cultural Center building visually for its structural and mechanical conditions. Begin with virtual kick-off meeting. Hold an on-site meeting in early January 2024 to tour the facility and coordinate with local professionals with knowledge of the building. Review 1972 drawings and other existing documents and assess needed upgrades based on current California building code.

Review existing concept program with the City, stakeholders, and the design team (GreenWorks, Abbate’ Designs, Scott Edwards Architecture, KPFF, and PAE) to confirm design direction or to identify needed modifications. Create a 3-D model of the building to schematic design level based on the existing plans.

Deliverables: Kickoff meeting, site meeting, site and building assessment memo, 3-D model (in Revit), summary of jurisdictional requirements, summary of opportunities and challenges.

3.2: Programming and Concept Verification
This virtual workshop will review the prior programming and conceptual design study, confirm space allocations and adjacencies, discuss what works well and what isn’t working well. The workshop will address removal of the existing front stairs, berm and planting, a redeveloped entry, and enclosure of the Porte Cochere to renovate the atrium. Prepare an updated programming and conceptual design following the workshop. Meet virtually with the City and stakeholders virtually to review and discuss.

Deliverables: Virtual meetings with SEA, updated program and concept design.

3.3: Schematic Design
SEA will prepare Schematic Design documents (plans, elevations, and perspective drawings). The SD documents with be prepared in coordination with the structural, MEP, and landscape architecture design team members in-person, other design team members virtually. After the Schematic Design review, Design team will make modifications and conduct virtual meeting to review with the City and stakeholders. Prepare a next steps summary, specification outline, and preliminary cost estimate.

Deliverables: Schematic design documents, virtual work session, specifications outline to provide cost estimate, next steps summary.

ATTACHMENT B – SCHEDULE FOR PERFORMANCE

3.1 Kick off, Research and Assessment – 4 weeks
January 3-31st
o Virtual kick off meeting
o In person site meeting and building review
o Virtual review of current concept program with consultants, owner and stakeholders o Structural and MEP assessments
o 3-D Model
o Summary of jurisdictional requirements, opportunities and challenges

3.2 Programming and Concept Verification – 4 weeks
February 1-28
o Virtual workshop to review programming and conceptual design study o Update programming and conceptual design
o Second virtual workshop

3.3 Conceptual and Schematic Design –4 weeks
March 1-31st
o Develop SD documents
o Coordinate with structural, landscape and MEP
o Hold virtual work session with owner and stakeholders o Next steps summary and cost estimate.

ATTACHMENT C – COMPENSATION
Fee Schedule
Professional fees include time and reimbursable expenses for the scope of work are as follows:

Task GreenWorks SeaReach KPFF PAE AD Totals

3.1 $6,000 $14,360 $6,000 $15,000 $3,500 $44,860

3.2 $1,500 $10,000 $0 $0 $900 $12,400

3.3 $1,800 $31,820 $5,590 $12,000 $1,200 $52,410
Totals $9,300 $56,180 $11,590 $27,000 $5,600 $109,670
Task 3.1: Project Kickoff, Research and Assessment ...................................................$ 44,860 Task 3.2: Programming and Concept Validation .........................................................$ 12,400 Task 3.3: Schematic Design .........................................................................................$ 52,410 Subtotal .......................................................................................................................$109,670 Estimated Expenses......................................................................................................$ 3,100 Total for Amendment-5 ..............................................................................................$112,770 CITY OF CRESCENT CITY RESOLUTION NO. 2023-88 Page 1
RESOLUTION NO. 2023-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2023, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 5 th day of
June 2023; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, the Council wishes to engage GreenWorks, PC to further evaluate the possibility of transforming the Cultural Center into a joint visitor’s center or “discovery center”; and WHEREAS, fulfillment of these priorities requires an amendment to the operating budget.

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

1. That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:

Revenue Increase (Decrease) Expenditure Increase (Decrease) General Fund $50,000 $112,770
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 18th day of December 2023 by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: BRIDGET LACEY, GRANTS AND ECONOMIC DEVELOPMENT

COORDINATOR
DATE: DECEMBER 18, 2023
SUBJECT: PROHOUSING DESIGNATION PROGRAM APPLICATION
______________________________________________________________________

RECOMMENDATION
• Approve and adopt Resolution 2023-89, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING AN

APPLICATION TO AND PARTICIPATION IN THE PROHOUSING

DESIGNATION PROGRAM

BACKGROUND
The primary goals of the California Department of Housing and Community Development (HCD) are to increase the availability of housing statewide and help end homelessness. With the 2019-2020 Budget Act, HCD was able to provide a spectrum of support, incentives, and accountability measures to meet California’s housing goals, including the establishment of the Prohousing Designation Program. The Prohousing Designation Program provides incentives to cities and counties in the form of additional points or other preference in the scoring of competitive housing, community development, and infrastructure programs.

On December 15, 2022, HCD released a Notice of Funding Availability (NOFA) for the first round of the Prohousing Incentive Pilot (PIP) Program. The PIP Program was designed to alleviate California’s housing crisis by making additional community development resources available to local governments with Prohousing Designation.

The PIP Program rewards local governments with Prohousing Designation with additional funding to accelerate affordable housing production and preservation. On June 12, 2023 HCD announced that more than $33 million was awarded during the first round of funding. There are expected to be future NOFA’s released for additional rounds of funding for this program.

PROHOUSING DESIGNATION PROGRAM APPLICATION
DECEMBER 18, 2023
2 ITEM ANALYSIS
HCD is currently accepting applications for the Prohousing Designation Program and is approving them on a rolling basis. Successful applicants must meet the following threshold requirements:
• Compliant housing element and annual progress reports • All required rezones complete
• Compliant with all housing laws
On September 5, 2023, the City Council adopted the City’s 2022-2030 Housing Element Update and on November 17, 2023, HCD completed their official review and found it to be in compliance. With a compliant Housing Element, the City is now able to meet all threshold requirements and is eligible to apply for the Prohousing Designation Program, as well as several other grant programs.

City staff sees the Prohousing Designation Program as an opportunity to be better positioned for future funding sources as the City continues to seek out additional grant funding for housing, community development, and infrastructure projects.

FISCAL ANALYSIS
There is no fiscal impact to the City.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors • Goal 1(A): Enhance collaboration with other agencies and the community to better aid the public
• Goal 1(E): Target economic development improvements that provide additional benefit by enhancing the quality of life for residents • Goal 2(D): Collaborate with other jurisdictions and nonprofits to maximize regional effectiveness and amplify funding opportunities • Goal 2(E): Create an environment that is conducive to attracting and retaining strong, sustainable businesses that reflect community needs and culture
• Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs

ATTACHMENTS

PROHOUSING DESIGNATION PROGRAM APPLICATION
DECEMBER 18, 2023
3 1. Resolution 2023-89 authorizing an application to and participation in the Prohousing Designation Program.

CITY OF CRESCENT CITY RESOLUTION NO. 2023-89 Page 1
RESOLUTION NO. 2023-89

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY

AUTHORIZING THE APPLICATION TO AND PARTICIPATION IN THE

PROHOUSING DESIGNATION PROGRAM
WHEREAS, Government Code section 65589.9 established the Prohousing Designation Program (“PDP” or “Program”), which creates incentives for jurisdictions that are compliant with state housing element requirements and that have enacted Prohousing local policies; and
WHEREAS, such jurisdictions will be designated Prohousing, and, as such, will receive additional points or other preference during the scoring of their competitive applications for specified housing and infrastructure funding; and WHEREAS, the Department of Housing and Community Development (“Department”) has adopted emergency regulations (Cal. Code Regs., tit. 25, § 6600 et seq.) to implement the Program (“Program Regulations”), as authorized by Government Code section 65589.9, subdivision (d); and
WHEREAS, the City of Crescent City (“Applicant”) desires to submit an application for a Prohousing Designation (“Application”).

THEREFORE, IT IS RESOLVED THAT:

1. Applicant is hereby authorized and directed to submit an Application to the Department.

2. Applicant acknowledges and confirms that it is currently in compliance with applicable state housing law.

3. Applicant acknowledges and confirms that it will continue to comply with applicable housing laws and to refrain from enacting laws, developing policies, or taking other local governmental actions that may or do inhibit or constrain housing production.

Examples of such local laws, policies, and action include moratoriums on development; local voter approval requirements related to housing production; downzoning; and unduly restrictive or onerous zoning regulations, development standards, or permit procedures. Applicant further acknowledges and confirms that it commits itself to affirmatively furthering fair housing pursuant to Government Code section 8899.50.

4. If the Application is approved, Applicant is hereby authorized and directed to enter into, execute, and deliver all documents required or deemed necessary or appropriate to participate in the Program, and all amendments thereto (the “Program Documents”).

5. Applicant acknowledges and agrees that it shall be subject to the Application; the terms and conditions specified in the Program Documents; the Program Regulations; and any and all other applicable law.

CITY OF CRESCENT CITY RESOLUTION NO. 2023-89 Page 2

6. The City Manager is authorized to execute and deliver the Application and the Program Documents on behalf of the Applicant for participation in the Program.

PASSED AND ADOPTED by the City Council of the City of Crescent City on the 18th day of December, 2023 by the following polled vote:

AYES: Council Members Wright, Schellong, Greenough, Altman, and Mayor Inscore NOES: None
ABSTAIN: None
ABSENT: None
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Patch, City Clerk

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: LINDA LEAVER, FINANCE DIRECTOR
DATE: DECEMBER 18, 2023
SUBJECT: STATE WATER RESOURCES CONTROL BOARD ARREARAGES

PAYMENT PROGRAM APPLICATION
______________________________________________________________________

RECOMMENDATION
• Authorize the submittal of an application for funding under the State Water Resources Control Board Arrearages Payment Program for Water and Wastewater

BACKGROUND
The City declared a local emergency due to the COVID-19 pandemic on March 16, 2020.

The City Council directed staff not to shut off water services for nonpayment and not to charge late fees during the declared emergency. In April 2020, the Governor issued Executive Order N-42-20 placing a moratorium on the shutoff of water for nonpayment for residents and small businesses. During that time, many of the City’s water and sewer customers were unable to pay their bills.

In March 2021, Congress passed the American Rescue Plan Act (ARPA) which provides substantial funding to respond to and recover from the COVID-19 pandemic. The State of California allocated $985 million of its ARPA funding to address unpaid water and wastewater bills. The State Water Resources Control Board (SWRCB) developed a program to distribute these funds to community water systems throughout California to be credited toward unpaid water and wastewater bills. Two rounds of funding (the first for water and the second for wastewater) were implemented in 2021 and 2022, and the City received grant funds under both programs. The State has funding remaining and has decided to expand the eligibility criteria and open another round of funding for both water and wastewater bills.

ANALYSIS

SWRCB ARREARAGES PAYMENT PROGRAM
DECEMBER 18, 2023
2 For the purpose of this funding, an arrearage is considered to be a bill that is unpaid (delinquent) at least 60 days past its due date. The original funding allocations in 2021 and 2022 focused on unpaid bills for services received between March 4, 2020 and June 15, 2021. This new round of funding is for unpaid bills for services received between June 16, 2021 and December 31, 2022. As in the first two rounds of funding, residential and commercial (but not industrial or irrigation) services are eligible.

City staff is in the process of identifying eligible accounts and currently estimates that approximately $165,000 to $200,000 may be eligible. Applications for funding are due December 31, 2023. Upon review and approval of the application, the State will disburse the funds directly to the City. City staff will then apply credits directly to the eligible accounts. There is no income limitation or other requirements for the customers, and they will not have to apply for the program. Each customer who receives a credit will be notified. For customers who have a delinquent balance remaining, payment plans will be offered.

FISCAL ANALYSIS
This is a grant program through the State Water Resources Control Board. Without this funding, it is extremely unlikely the City would be able to recover all of the lost water revenue from this time period. Staff estimates $165,000 - $200,000 in unpaid accounts may be eligible; any amounts received through this grant program will be deposited into the Water Fund (for unpaid water balances) or Sewer Fund (for unpaid sewer balances) and credited to customer accounts.

STRATEGIC PLAN ANALYSIS
This report is consistent with the following strategic plan goals:
• Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs

ATTACHMENTS
None

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: DAVID YEAGER, PUBLIC WORKS DIRECTOR

ANDREW LEIGHTON, ENGINEERING PROJECT MANAGER
DATE: DECEMBER 18, 2023
SUBJECT: BUDGET AMENDMENT FOR NPDES PERMIT EXPENSES
______________________________________________________________________

RECOMMENDATION
• Approve and Adopt Resolution 2023-90, A RESOLUTION OF THE CITY OF

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY.

BACKGROUND
The North Coast Regional Water Quality Control Board (RWQCB) issued Order No. R1- 2017-0002 which was adopted on February 2, 2017. This Order permits the City of Crescent City to discharge 1.86 million gallons per day (mgd) of treated wastewater into the Pacific Ocean. This permit expired on March 31, 2022. The City and the RWQCB executed permit renewal Order No. R1-2023-0039, which was adopted on December 12, 2023 and becomes effective on February 1, 2024 and expires on January 31, 2029.

FISCAL ANALYSIS
The budget for Fiscal Year 2024 was based on the permitting expenses for Fiscal Year 2023 which amounted to $41,625.00. The Fiscal Year 2024 budget was increased by

2.8% over the previous year’s expense, which was not sufficient to cover the 12% increase realized. The City was not aware of the pending fee increase prior to receiving the invoices.

Year to date expenses for the approved 23-24 Budget Item “Operating Permit” account:

Date Expense Amount Budget
10/5/2023 Air Quality permits for generators $2,223.96 $2,200.00 8/10/2023 County Hazmat permit fee $510.00 $600.00
11/29/2023 NPDES WW Flow, Pretreatment & Surcharge $40,337.00 11/29/2023 NPDES Waste Discharge Requirement $3,746.00 $40,000.00 11/29/2023 NPDES WW Community WS $868.00
FY24 Total $47,684.96 $42,800.00

BUDGET AMENDMENT FOR NPDES PERMIT FEES
DECEMBER 18, 2023
2 The increase in permitting costs results in a funding shortfall of $4,884.96. The proposed resolution increases expenditures by $4,885 to cover the additional costs.

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
D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs.

ATTACHMENTS

1. Resolution No. 2023-90 (Budget Amendment)
CITY OF CRESCENT CITY RESOLUTION NO. 2023-90 Page 1
RESOLUTION NO. 2023-90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY WHEREAS, the budget for the fiscal year beginning July 1, 2023, as submitted by the City Manager, was reviewed by the City Council and a public hearing was held thereon the 5 th day of June 2023; and
WHEREAS, the City Council adopted said budget and has the authority to amend said budget from time to time; and
WHEREAS, the City maintains and operates the Wastewater Treatment Plant (WWTP); and WHEREAS, the City is obligated to pay permitting fees associated with the operation of the WWTP; and WHEREAS, the permitting fees for the WWTP exceeded inflationary expectations for FY2024; and WHEREAS, the FY2023-24 Budget does not contain sufficient funds to pay the necessary permitting fees; and
WHEREAS, fulfillment of these priorities requires an amendment to the operating budget.

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

1. That the Fiscal Year 2023-24 City of Crescent City Annual Budget is hereby amended and appropriated in the amounts identified below:

Revenue Increase (Decrease) Expenditure Increase (Decrease) Sewer Fund $0 $4,885.00
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 18
th day of December 2023 by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Blake Inscore, Mayor
ATTEST:
_____________________________
Robin Altman, City Clerk

CRESCENT CITY COUNCIL

AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: DECEMBER 18, 2023
SUBJECT: REVISED LMIHAF LOAN AGREEMENT WITH GS VALHALLA, LP

RECOMMENDATION
• Ratify the City Manager’s execution of the REVISED Low- and Moderate-Income Housing Asset Fund Loan Agreement Between the City of Crescent City and GS Valhalla, LP

BACKGROUND
Valhalla Townhomes located at 911 Pacific Avenue consists of 44 rental units and one onsite manager unit. Synergy Valhalla, LLC purchased the complex in December 2021 and made some significant improvements to the units. Valhalla Townhomes was awarded 25 project-based vouchers (PBV) from the Housing Authority on May 16, 2022.

The property is currently in escrow with GS Valhalla LP, which is in the process of obtaining financing for the purchase and extensive rehabilitation of Valhalla Townhomes from Synergy. This transaction will result in GS Valhalla, LP obtaining title to the property and also financing to provide extensive renovations.

On September 5, 2023, the City Council approved the issuance of up to $10 million in municipal bond financing through the California Municipal Finance Authority to fund the acquisition and renovation of Valhalla Townhomes. All 44 rental units will be income restricted.

On November 20, 2023, the City Council approved the award of $300,000 of low- and moderate-income housing asset funds (LMIHAF) to GS Valhalla LP in the form of a loan to be used in the acquisition and/or rehabilitation of 25 of the Valhalla rental units. These 25 units will be income restricted to low- and very-low-income tenants at affordable rental rates.

ITEM ANALYSIS
In the final review of the loan documents, the borrower requested some substantive changes to the loan agreement. Those changes are summarized as follows:

REVISED LMIHAF LOAN AGREEMENT
DECEMBER 18, 2023
2 1. Term of Loan: repayment changed from 30 years to 55 years (required by lender)

2. Subordination: added subordination paragraph consistent with the Subordination and Intercreditor Agreement previously approved by the City Council

3. The 25 LMIHAF assisted units will be identified within 210 days and the 55-year affordable housing covenant will begin upon the identification and recording of the covenant (this was originally anticipated to be done at the time of closing)

4. Because closing of the transaction is scheduled for December 15, the City Manager executed the revised LMIHAF Loan Agreement. Staff are now requesting that the City Council ratify that action as the revised agreement contained substantive changes.

FISCAL ANALYSIS
The fiscal impact of the revised agreement as compare to the previous agreement is not known. If the City receives payment in full next year as a result of the Borrower receiving grant funds, then the impact from extending the term of the loan will be $0. If the loan is repaid in full in 30 years or less, than the impact will be $0. If the loan is repaid after 30 years, then the City’s LMIHAF will receive additional interest. However, the bottom line is that the borrower needed the revisions to satisfy the lender and make the transaction work from a financial perspective. Thus, if the City did not agree to the revisions, then it is possible that the project would not happen, which could then have a ripple effect on other affordable projects in the City. These financial impacts to the City would be devastating.

CEQA ANALYSIS
The Crescent City Planning Commission has already determined this project to be exempt from CEQA as in-fill development in accordance with § 15332 of the CEQA Guidelines.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic plan Goals:
• GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND

HEALTH TO ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR

RESIDENTS AND VISITORS

ATTACHMENTS

1. Executed Low- and Moderate-Income Housing Asset Fund Loan Agreement Between the City of Crescent City and GS Valhalla, LP

LOW- AND MODERATE- INCOME HOUSING ASSET FUND LOAN AGREEMENT

BETWEEN THE CITY OF CRESCENT CITY AND GS VALHALLA, LP
This Low- and Moderate- Income Housing Asset Fund Loan Agreement (“Loan Agreement”) is entered into by and between the City of Crescent City, a California municipal corporation (“City”), acting in its capacity as the housing successor to the Crescent City Redevelopment Agency, and GS Valhalla, LP, a California limited partnership (“Borrower”), for use in the acquisition and/or rehabilitation of the apartment complex known as Valhalla Townhomes located at 911 Pacific Avenue, Crescent City, California.

WHEREAS, the City is the housing successor to the Crescent City Redevelopment Agency pursuant to Health & Safety Code Section 34176 and the adoption of Resolution No. 2012-04; and
WHEREAS, as the housing successor, the City retained all housing assets and functions previously performed by the redevelopment agency; and
WHEREAS, the City has slowly accumulated housing set aside funds during the winding down of the redevelopment agency; and
WHEREAS, there are several multi-unit residential developments in the planning stages within the City; and
WHEREAS, the City released a Notice of Funding Availability for up to $300,000 in housing set aside funds (Low- and Moderate- Income Housing Asset Fund); and WHEREAS, Borrower submitted an application for the full $300,000 to be used in the acquisition and rehabilitation of a 45-unit apartment complex located in Crescent City; and
WHEREAS, the City is interested in retaining and maintaining affordable housing units within the City; and
WHEREAS, staff recommended and the City Council approved the award of $300,000 from the Low- and Moderate- Income Housing Asset Fund to Borrower in the form of a loan to assist in the acquisition and/or rehabilitation of affordable housing units.

NOW, THEREFORE, the parties agree as follows:
§ 1. THE HOUSING PROJECT.

1.01 Purpose of this Agreement. The purpose of this Loan Agreement is to loan the Borrower funds from the Low- and Moderate-Income Housing Asset Fund (“LMIHAF”) in accordance with the requirements of Health and Safety Code Section 34176.

1.02 The Project Site. Borrower intends to acquire and rehabilitate the 45-unit apartment complex located at 911 Pacific Avenue, Crescent City. The legal LMIHAF Loan Agreement - Page 2
description of the site is attached hereto and incorporated herein as Attachment No. 1 (referred to as the “Project Site”).

1.03 The Housing Project Defined. The funds loaned under this Loan Agreement will be specifically tied to 25 of the 45 units, of which two will be made accessible to persons with disabilities. The acquisition and/or rehabilitation of these 25 units will be referred to herein as the “Housing Project.” Improvements to be made to these 25 units include, but are not limited to, the following: new roof and gutters, parking lot and sidewalk repairs, replacement of all kitchen and bathroom cabinets and counters, as well as appliances, interior lighting, heaters and hot water heaters, as necessary.

The 25 units benefitted by the LMIHAF funds are identified in the Affordable Housing Covenant (see § 3 herein).

1.04 Identity of the Borrower. The Borrower is GS Valhalla, LP, a California limited partnership, (i) whose administrative general partner is GS Valhalla LLC, a California limited liability company (the “Administrative General Partner”), whose sole member is GreenShoots Communities LLC, a California limited liability company (“GreenShoots”), and whose managing and sole member is Raymond Junior, an individual, and (ii) whose managing general partner is Bold Valhalla LLC, a California limited liability company, whose sole member is Bold Communities, a California nonprofit public benefit corporation. The qualifications and identity of the Borrower are of particular concern to the City and it is because of such qualifications and identity that the City has entered into this Loan Agreement with Borrower. No voluntary or involuntary successor in interest of the Borrower shall acquire any rights or powers under this Loan Agreement except as expressly set forth herein.

1.05 Disbursement of Funds. The funds loaned hereunder will be disbursed upon the close of escrow in accordance with instructions provided by Borrower. § 2. LOAN TERMS

2.01 Principal Loan Amount & Annual Interest Rate. The City agrees to lend $300,000 from its Low- and Moderate- Income Housing Asset Fund to Borrower for the Housing Project. The principal will earn interest at the simple rate of 3.0% per annum.

2.03 Annual Payments. Borrower shall make annual payments to the City payable from 50% of the residual receipts from the Housing Project to be shared pro rata with all other agency lenders receiving payments from residual receipts, as defined in Attachment No. 2 (“Note”), incorporated herein by this reference.

LMIHAF Loan Agreement - Page 3

2.04 Repayment Obligation. The outstanding principal and unpaid accrued interest will become immediately due and payable upon the first of the following events to occur: (1) Borrower receives a grant or loan in an amount of at least $1.1 million of HOME (or similar federal program) funds; (2) sale and resyndication of the Project through the federal Low-Income Housing Tax Credit program; or (3) fifty-five (55) years from the date of the Note.

2.05 Security. This loan and its terms will be evidenced by the Note and secured by a deed of trust with an addendum in substantially the same form as that set forth in Attachment No. 3, incorporated herein by this reference. The deed of trust will be recorded against and attached to the Project Site. § 3. AFFORDABLE HOUSING OBLIGATIONS

3.01 Affordable Housing Covenant. The Borrower covenants and agrees for itself, it successors, its assigns and every successor in interest, that the Housing Project’s 25 units will be rented to qualified very low- and extremely low-income households, seven (7) of which will be reserved for households with income equal to 50% or less of the area median income, nine (9) of which will be reserved for households with income equal to 40% or less of the area median income, and another nine (9) will be reserved for households with income equal to 30% or less of the area median income, as defined in California Health and Safety Code Section 50093, and, in each instance, adjusted for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937. These 25 units will be offered at an affordable housing cost, as defined in the Affordable Housing Covenant attached hereto as Attachment No. 4, incorporated herein by this reference.

3.02 Recordable Documents. Within 210 days of the disbursement of funds under this Loan Agreement, the Borrower shall also execute and deliver an Affordable Housing Covenant and a Notice of Affordability Restrictions on Transfer of Property to the City in the forms substantially as set forth in Attachments 4 and 5, incorporated herein by this reference. Failure by Borrower to comply with this subsection 3.02 shall, following expiration of all applicable notice and cure periods, constitute a default hereunder and under the Note and Deed of Trust.

3.03 Housing Project Maintenance. The Borrower covenants that it shall maintain, or cause to be maintained, the Site and the improvements to be constructed thereon, in a manner consistent with the provisions set forth therefor in the Crescent City Municipal Code and shall keep the Site reasonably free from any accumulation of debris or waste materials prior to and after completion of the Housing Project.

LMIHAF Loan Agreement - Page 4
If, at any time, Borrower fails to maintain and operate the Site in accordance with this Loan Agreement, the City shall have the right to take necessary corrective action pursuant to the provisions set forth in the Note and the Affordable Housing Covenant.

Failure by Borrower to maintain, or cause to be maintained, the Site in the condition provided in this Section shall, following expiration of all applicable notice and cure periods, constitute a default hereunder and under the Note, the Deed of Trust, and the Affordable Housing Covenant; provided, however, that nothing herein or in the Note, Deed of Trust, or the Affordable Housing Covenant shall be deemed to provide Borrower with more than one notice and cure period for each event of default.

3.04 Fifty-Five Year Term. The foregoing affordable housing covenants (Sections 3.01 to 3.03) shall remain in effect for a period of fifty-five (55) years from the date the Affordable Housing Covenant is recorded against the Site.

3.05 No Discrimination. The Borrower covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Borrower itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. The foregoing covenants shall run with the land in perpetuity.

Notwithstanding the foregoing paragraph, with respect to familial status, the above paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the foregoing paragraph shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the above paragraph.
§ 4. CONSTRUCTION AND REHABILITATION

4.01 City and Other Governmental Agency Permits. Before commencement of construction or other work of improvement upon the Site (unless such LMIHAF Loan Agreement - Page 5
construction, development or work is to be commenced before the conveyance of title), the Borrower shall, at its own expense, secure or cause to be secured any and all permits that may be required by the City or any other governmental agency affected by such construction, development or work. The City shall provide all assistance deemed appropriate by the City to the Borrower in securing these permits.

4.02 Rights of Access. For the purposes of assuring compliance with this Loan Agreement, representatives of the City shall have the reasonable right of access to the Site, without charges or fees and at normal construction hours, during the period of construction for the purposes of this Loan Agreement, including, but not limited to, the inspection of the work being performed in constructing the improvements. Such representatives of the City shall be those who are so identified in writing by the City Manager. The City shall indemnify the Borrower and hold it harmless from any damage caused or liability arising out of this right to access.

4.03 Insurance Requirements.
a. Workers' Compensation. During the term of this Loan Agreement, Borrower shall fully comply with the terms of the laws of the State of California concerning workers' compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Borrower may have for Borrower's workers' compensation. Said policy shall also include employer's liability coverage no less than $1,000,000 per accident for bodily injury or disease.
b. General Liability Insurance. Borrower shall obtain at its sole cost and keep in full force and effect during the term of this Loan Agreement commercial general liability insurance in the amount of $2,000,000 per occurrence and $4,000,000 aggregate for bodily injury, personal injury, and property damage. Said insurance shall provide (1) that the City, and its officers, agents, employees and volunteers, shall be named as additional insureds under the policy, and (2) that the policy shall operate as primary insurance, and that (3) no other insurance effected by the City or other named insureds will be called upon to cover a loss covered thereunder.
c. Automobile Liability Insurance. Borrower shall obtain at its sole cost and keep in full force and effect during the term of this Loan Agreement automobile liability insurance in the amount of $1,000,000 per occurrence for bodily injury and property damage. Said insurance shall provide (1) that the City, and its officers, agents, employees and volunteers, shall be named as additional insureds under the policy, and LMIHAF Loan Agreement - Page 6
(2) that the policy shall operate as primary insurance, and that (3) no other insurance effected by the City or other named insureds will be called upon to cover a loss covered thereunder.
d. Course of Construction Insurance. Borrower shall obtain or cause its general contractor to obtain at its sole cost and keep in full force and effect during the term of the Loan Agreement Course of Construction insurance with policy limits acceptable to the City, with no coinsurance penalty provisions. The City shall be named as loss payee and the insurer shall waive all rights of subrogation against the City. e. Contractor Requirements. Borrower shall also furnish or cause to be furnished to the City evidence satisfactory to the City that any contractor with whom it has contracted for the performance of work on the Site carries the insurance required of Borrower, and in the amounts of coverage specified, and each general contractor shall be required to obtain certification of insurance from all subcontractors. f. Certificates of Insurance. Borrower shall file with City, prior to commencement of construction on the Site or any portion thereof or prior to any access to or entry on the Site as authorized by this Loan Agreement, certificates of insurance which shall provide that no cancellation, material change in coverage, expiration, or nonrenewal will be made during the term of this Loan Agreement, without thirty (30) days written notice to the City Manager prior to the effective date of such cancellation, or change in coverage. Upon notification of receipt by City of a notice of cancellation or major change in coverage, Borrower shall, prior to the effective date of policy expiration or reduction in coverage, file with City replacement insurance certificate evidencing the new coverage is substantially the same form and content as previously provided. All insurance shall stipulate that such insurance will operate as primary insurance and that no other insurance effected by the City will be called upon to contribute to a loss suffered by Borrower hereunder. All insurance shall name City as additional insured and/or loss payee, as appropriate.

4.04 Antidiscrimination During Construction. The Borrower, for itself and its successors and assigns, agrees that in the construction of the improvements provided for in this Loan Agreement, the Borrower will not discriminate against any employee or applicant for employment on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code.

LMIHAF Loan Agreement - Page 7

4.05 Local, State and Federal Laws. The Borrower shall carry out the construction of the improvements in conformity with all applicable laws, including all applicable federal and state labor standards.

4.06 Certificate of Completion. Promptly after completion of all construction and rehabilitation of the Housing Project and the recording of the Affordable Housing Covenant and Notice of Affordability Restrictions on Transfer of Property, the City shall furnish the Borrower with a Certificate of Completion for the Site in substantially the form attached hereto as Attachment No. 6 upon written request therefor by the Borrower. Such Certificate of Completion shall be in such form as to permit it to be recorded in the Office of the County Recorder of Del Norte County.

A Certificate of Completion shall be, and shall so state, conclusive determination of satisfactory completion of the acquisition and/or rehabilitation of affordable housing as required by this Loan Agreement.

Except as otherwise provided herein, after the issuance of a Certificate of Completion, the respective rights and obligations of the parties shall be as set forth in the Note, Deed of Trust, and the Affordable Housing Covenant.

The City shall not unreasonably withhold any Certificate of Completion. If the City refuses or fails to furnish a Certificate of Completion for the Site after written request from the Borrower, the City shall, within ten (10) days of the written request, provide the Borrower with a written statement of the reasons the City refused or failed to furnish a Certificate of Completion. The statement shall also contain the City's opinion of the action the Borrower must take to obtain a Certificate of Completion. If the City shall have failed to provide such written statement within said ten (10) day period, the Borrower shall be deemed entitled to the Certificate of Completion.

Such Certificate of Completion shall not constitute evidence of compliance with or satisfaction of any obligation of the Borrower to any holder of a mortgage or any insurer of a mortgage securing money loaned to finance the improvements or any part thereof. Such Certificate of Completion is not notice of completion as referred to in California Civil Code Section 3093.

4.07 Holder Not Obligated to Construct Improvements. The holder of any mortgage, deed of trust or other security interest authorized by this Loan Agreement shall in no way be obligated by the provisions of this Loan Agreement to construct or complete the improvements or to guarantee such construction or completion, nor shall any covenant or any other provision in the grant deed for the Site be construed so to obligate such holder. Nothing in this Loan Agreement shall be deemed to construe, permit or authorize any such holder to devote the Site to any uses or to construct any LMIHAF Loan Agreement - Page 8
improvements thereon other than those uses or improvements provided for or authorized by this Loan Agreement.

4.08 Notice of Default to Mortgage, Deed of Trust or Other Security Interest Holders; Right to Cure. Whenever the City shall deliver any notice or demand to the Borrower with respect to any breach or default by the Borrower in completion of construction of the improvements, the City shall at the same time deliver a copy of such notice or demand to NEF Assignment Corporation, as nominee, an Illinois not-for-profit corporation, the limited partner of the Borrower (the “Limited Partner”), and each holder of record of any mortgage, deed of trust or other security interest authorized by this Loan Agreement who has previously made a written request to the City therefor. Each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, within ninety (90) days after the receipt of the notice, to cure or remedy or commence to cure or remedy any such default and to add the cost thereof to the security interest debt and the lien on its security interest. In the event there is more than one such holder, the right to cure or remedy a breach or default of the Borrower under this Section shall be exercised by the holder first in priority or as the holders may otherwise agree among themselves, but there shall be only one exercise of such right to cure and remedy a breach or default of the Borrower under this Section. Nothing contained in this Loan Agreement shall be deemed to permit or authorize such holder to undertake or continue the construction or completion of the improvements (beyond the extent necessary to conserve or protect the improvements or construction already made) without first having expressly assumed the Borrower's obligations to the City by written agreement satisfactory to the City. The holder in that event must agree to complete, in the manner provided in this Loan Agreement, the improvements to which the lien or title of such holder relates and submit evidence satisfactory to the City that it has the qualifications and financial responsibility necessary to perform such obligations. Any such holder properly completing such improvements shall be entitled, upon written request made to the City, to a Certificate of Completion from the City.

4.09 Right of City to Cure Mortgage, Deed of Trust or Other Security Interest Default. In the event of a default or breach by the Borrower of a mortgage, deed of trust or other security interest with respect to the Site prior to the completion of development, and the holder has not exercised its option to complete the development, subject to the terms of any subordination agreement executed by the City and any lender approved by the City for the development of the Housing Project, the City may cure the default prior to completion of any foreclosure. In such event, the City shall be entitled to reimbursement from the Borrower of all costs and expenses incurred by the City in curing the default. The City shall also be entitled to a lien upon the LMIHAF Loan Agreement - Page 9
Site to the extent of such costs and disbursements, subject to the terms of any subordination agreement executed by the City and any lender approved by the City for the development of the Housing Project. Any such lien shall be subject to mortgages, deeds of trust or other security interests executed for the sole purpose of obtaining funds to purchase and develop the Site as authorized herein.
§ 5. DEFAULTS, REMEDIES AND TERMINATION

5.01 Defaults – General. Subject to the extensions of time set forth in Section

7.04, failure or delay by either party to perform any material term or provision of this Loan Agreement constitutes a default under this Loan Agreement. The party who so fails or delays must immediately commence to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with reasonable diligence and during any period of curing shall not be in default.

The injured party shall give written notice of default to the party in default specifying the default complained of by the injured party. Except as required to protect against further damages and except as otherwise expressly provided in Sections 5.05 and 5.06 of this Loan Agreement, the injured party may not institute proceedings against the party in default until ninety (90) days after giving such notice; provided, however, that if such event of default cannot be cured within such ninety (90) calendar day period and the party in default has diligently commenced efforts to cure, the party in default shall have such reasonable time as is necessary to diligently prosecute such cure to completion. Failure or delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default.

Except as otherwise expressly provided in this Loan Agreement, any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies.

Any cure of any default under this Loan Agreement, the Note, the Deed of Trust, the Affordable Housing Covenant, or any other document executed in connection with the foregoing (collectively, the “Loan Documents”) made or tendered by the Limited Partner shall be deemed to be a cure by Borrower and shall be accepted by the City as if made or tendered by Borrower.

5.02 Legal Actions. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, or recover damages for any default, or to obtain any other remedy consistent with the LMIHAF Loan Agreement - Page 10
purpose of this Loan Agreement. Such legal actions must be instituted in the Superior Court of the County of Del Norte, State of California, or in the appropriate Federal District Court in the State of California.

5.03 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Loan Agreement.

5.04 Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Loan Agreement, the rights and remedies of the parties are cumulative, and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same time or different times, of any other rights or remedies for the same default or any other default by the other party.

5.05 Damages. If the Borrower or the City defaults with regard to any of the provisions of this Loan Agreement, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured or commenced to be cured by the defaulting party within ninety (90) days after service of the notice of default, the defaulting party shall be liable to the other party for any damages caused by such default.

5.06 Specific Performance. If the Borrower or the City defaults under any of the provisions of this Loan Agreement, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not commenced to be cured by the defaulting party within ninety (90) days of service of the notice of default, the nondefaulting party, at its option, may institute an action for specific performance of the terms of this Loan Agreement.
§ 6. BORROWER’S REPRESENTATIONS.

6.01 Authority. Borrower is a duly organized California limited partnership authorized to do business within the State of California. The Borrower has full right, power and lawful authority to enter into this Loan Agreement and undertake and satisfy all obligations as provided herein. The execution, performance, and delivery of this Loan Agreement by Borrower has been fully authorized by all requisite actions on the part of the Borrower.

6.02 No Conflict. To the best of Borrower's knowledge, Borrower's execution, delivery and performance of its obligations under this Loan Agreement will not constitute a default or breach under any contract, agreement or order to which the Borrower is a party or by which it is bound.

6.03 No Borrower Bankruptcy. The Borrower is not the subject of a bankruptcy proceeding.

LMIHAF Loan Agreement - Page 11

6.04 Litigation. There are no claims, causes of action or other litigation or proceedings pending or threatened against the Borrower, or any affiliate thereof, that would affect Borrower's ability to undertake and satisfy all of its obligations pursuant to this Loan Agreement.
§ 7. GENERAL PROVISIONS

7.01 Notices, Demands and Communications Between the Parties. Formal notices, demands and communications between the City and the Borrower shall be sufficiently given if dispatched by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the City and the Borrower as set forth herein below. Such written notices, demands and communications may be sent in the same manner to such other addresses as either party may from time to time designate by mail. Any notices provided from City to Borrower shall also be provided to the Limited Partner as shown below.

If to City:

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

GS Valhalla, LP
Attn: Raymond Junior
c/o GreenShoots Communities LLC
400 Center Pointe
Suite 300 Office #D
Culver City, CA 90230
and:

NEF Assignment Corporation
10 South Riverside Plaza
Suite 1700
Chicago, IL 60606

7.02 Conflicts of Interest. No member, official or employee of the City shall have any personal interest, direct or indirect, in this Loan Agreement, nor shall any such member, official or employee participate in any decision relating to this Loan Agreement that affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

The Borrower warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Loan Agreement.

7.03 Nonliability of City Officials and Employees. No member, official or employee of the City shall be personally liable to the Borrower in the event of any default or breach by the City or for any amount that may become due LMIHAF Loan Agreement - Page 12
to the Borrower or on any obligations under the terms of this Loan Agreement.

7.04 Enforced Delay; Extension of Times of Performance. In addition to the specific provisions of this Loan Agreement, performance by any party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor, materials or tools; delays of any contractor, subcontractor or supplier; acts of another party; acts or the failure to act of any public or governmental agency or entity (except that acts or the failure to act of the City shall not excuse performance by the City); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall only be for the period of the enforced delay, which period shall commence to run from the time of the commencement of the cause. If, however, notice by the party claiming such extension is sent to the other parties more than thirty (30) days after the commencement of the cause, the period shall commence to run only thirty (30) days prior to the giving of such notice.

Times of performance under this Loan Agreement may also be extended in writing by the City and the Borrower.

7.05 Inspection of Books and Records. The City has the right, upon not less than seventy-two (72) hours’ notice, at all reasonable times, to inspect the books and records of the Borrower pertaining to the Site as pertinent to the purposes of this Loan Agreement.

The Borrower also has the right, upon not less than seventy-two (72) hours’ notice, at all reasonable times, to inspect the books and records of the City pertaining to the Site as pertinent to the purposes of this Loan Agreement.

7.06 Attorneys' Fees. Should any action be brought arising out of this Loan Agreement including, without limitation, any action for declaratory or injunctive relief, the prevailing party shall be entitled to reasonable attorneys' fees and costs and expenses of investigation incurred, including those incurred in appellate proceedings or in any action or participation in, or in connection with, any case or proceeding under Chapter 7, 11 or 13 of the Bankruptcy Code or any successor statutes, and any judgment or decree rendered in any such actions or proceedings shall include an award thereof. All amendments hereto must be in writing and signed by the appropriate authorities of the City and the Borrower.

LMIHAF Loan Agreement - Page 13

7.07 Waivers. All waivers of the provisions of this Loan Agreement must be in writing and signed by the appropriate authorities of the City and the Borrower.

7.08 Captions. The captions of this Loan Agreement are for convenience and reference only and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Loan Agreement.

7.09 Successor and Assigns. All representations, covenants and warranties specifically set forth in this Loan Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.

7.10 Amendments to this Agreement. The Borrower and the City agree to mutually consider reasonable requests for amendments to this Loan Agreement that may be made by any of the parties hereto, lending institutions or bond counsel or financial consultants to the City, provided such requests are consistent with this Loan Agreement and would not substantially alter the basic business terms included herein. The City Manager shall have the authority to execute such amendments that may be reasonably required in connection with Borrower’s Financing, in form and content approved by the City Attorney.

7.11 Entire Agreement. This Loan Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof.

7.12 Digital Signatures. The parties to this Loan Agreement agree to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform electronic Transactions Act (“CUETA”), Civil Code Section 1633.1 to 1633.7, for executing this Loan Agreement. The parties further agree that the electronic signatures of the parties included in this Loan Agreement are intended to authenticate this writing and to have the same force and effect as the use of a manual signature and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in Civil Code Section 1633.2(i).
[SIGNATURE PAGE TO FOLLOW]

LMIHAF Loan Agreement - Page 15
Date: __________________
Date: __________________
BORROWER:

GS VALHALLA, LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities LLC, a
California limited liability company, its sole
member
______________________________________
By: Raymond Junior, its Managing and Sole
Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager
______________________________________
By: Michael Miller, its President
LMIHAF Loan Agreement Attachment No. 1 Page 1
ATTACHMENT NO. 1

LEGAL DESCRIPTION
LMIHAF Loan Agreement Attachment No. 2 Page 1
ATTACHMENT NO. 2

FORM OF NOTE
_________________, 2023
$300,000.00 Crescent City, California
FOR VALUE RECEIVED, GS VALHALLA, LP, a California limited partnership (the "Maker"), having an address of c/o GreenShoots Communities LLC, 400 Center Pointe, Suite 300 Office #D, Culver City , CA 90230, promises to pay CITY OF CRESCENT CITY ("Holder"), the principal sum of THREE HUNDRED THOUSAND DOLLARS ($300,000.00), together with simple interest at the rate of three percent (3%) per annum, pursuant to the terms and conditions set forth below.

1. LOAN AMOUNT. This Note is made pursuant to Section 2 of that certain Lowand Moderate- Income Housing Asset Fund Loan Agreement (“Loan Agreement”) between Maker (as the Borrower) and Holder (as the City) dated __________________, 2023. Pursuant to the Loan Agreement, the Holder has agreed to loan $300,000 in Low- and Moderate-Income Housing Asset Funds to the Maker for acquisition and/or rehabilitation of the 25 units as identified in the Loan Agreement (“Housing Project”) on that certain real property located at 911 Pacific Avenue, Crescent City, CA (the "Site"). These 25 residential units ("Affordable Units") shall be rented to eligible extremely low- and very low-income households ("Eligible Households") at affordable rental rates, as specified and in accordance with the Affordable Housing Covenant to be executed and recorded against the Site pursuant to the Loan Agreement. The Housing Project is part of a larger project at the Site, which includes the acquisition and rehabilitation of a total of 45 units at the Site, including the Housing Project. This larger project is referred to as the “Valhalla Project.”

2. SECURITY. Payment of this Note is secured by a deed of trust together with an Addendum thereto (collectively, the "Deed of Trust") from Maker to Holder recorded against the Site.

3. PAYMENTS. Starting on or before June 1 of the year following the year in which the Housing Project receives its Certificate of Completion, and to the extent there are Residual Receipts (as defined below) available from the Housing Project, Maker shall pay to Holder 50% of the Residual Receipts on an annual basis. All payments made hereunder shall be credited first to any accrued but unpaid interest, then to current interest due and owing and lastly to principal.

Interest not paid current shall accrue and shall not be compounded. Any outstanding balance of principal and accrued interest owing under this Note shall be due and payable in full fifty-five (55) years from the date hereof.

Any payments due hereunder shall be made in lawful money of the United States to the City of Crescent City, 377 J Street, Crescent City, California 95531. The place of payment may be changed from time to time as the Holder may from time to time designate in writing.

4. RESIDUAL RECEIPTS. For purposes of this Note, “residual receipts” shall mean the sum of money computed as follows:

LMIHAF Loan Agreement Attachment No. 2 Page 2
(a) All rents, revenues, consideration or income derived by Maker in connection with or relating to the ownership and/or operation of the Valhalla Project, excluding capital contributions from its partners, loan proceeds, security deposits, insurance proceeds, condemnation awards, and any other funds not generated from current project operations, but including proceeds from Net Cash from Sales and Refinancings (as such term is defined in the Amended and Restated Limited Partnership Agreement of Maker dated December ______, 2023 (“Partnership Agreement”), less all of the following:
(i) all customary and reasonable costs and expenses in connection with the operation and maintenance of the Valhalla Project; (ii) a property management fee (previously approved by Holder); (iii) all principal, interest and other required recurring charges and fees that are required to be paid on account of any loan(s) or other obligations of Maker approved by Holder; (iv) reasonable and customary cost for accounting and auditing the books and records of the Project; (v) an administrative fee (“Investor Asset Management Fee”) charged by Maker’s investor limited partner (“Limited Partner”) not to exceed $5,000 annually (which may escalate by 3% annually) and other amounts owed to the Limited Partner under Maker’s Partnership Agreement; (vi) a management fee ("Partnership Management Fee") not to exceed $7,500 (which may escalate by 3% annually), provided such management fee is paid to the managing general partner for performing its general partnership duties, including but not limited to the following: reviewing the monthly operating budget; overseeing the performance of the property manager; meetings, coordination and conflict resolution with the adjacent property owner; review and approval of the annual operating budget; prepare, review and approval of annual partnership reports; review and approval of tax returns; coordination with the investor limited partner; and resolution of miscellaneous issues normally associated with the ownership and operation of multi-family housing; (vii) any accrued and unpaid principal and interest on loans made by the Limited Partner; (viii) any unpaid Development Fee, including any Deferred Development Fee, in an amount not to exceed the amount previously approved by Holder; and (ix) reserves, including an operating reserve and a replacement reserve, in amounts previously approved by Holder and deposited in an account approved by Holder for the Valhalla Project.
(b) Notwithstanding the generality of the foregoing, the following items are not expenses or deductible in computing Residual Receipts:
(i) Payment of any fees or expenses or of any portion of the Residual Receipts to Maker or any affiliate of Maker, other than the Partnership Management Fee paid to the general partner for performing its general partnership duties and the Deferred Developer Fee payable to GreenShoots (as described in subsection (a), above);
(ii) Income taxes imposed upon Maker's income;
(iii) Payment of interest on any indebtedness of Maker to any affiliate of Maker (individual or entity) or to any other third-party lender or partner not otherwise approved by Holder; and
LMIHAF Loan Agreement Attachment No. 2 Page 3
(iv) Depreciation, cost recovery, amortization and similar items which do not involve the expenditure of cash.

5. FINANCIAL STATEMENTS. Until all principal and interest has been paid in full under this Note, Maker shall deliver annual balance sheets and income statements showing all revenues and expenses of the Valhalla Project. An audited financial statement shall be delivered within one hundred eighty (180) days of the end of each calendar year. Holder shall have the right to inspect and audit Maker's books and records concerning the calculation of Residual Receipts within thirty (30) days from receipt of Maker's statement. Failure to timely object shall be deemed acceptance. If Holder does object, Holder shall specify the reasons for disapproval. Maker shall have thirty (30) days to reconcile any disapproved item. If Maker and Holder cannot agree on the amount of the Residual Receipts, an independent auditor mutually selected by Maker and Holder shall resolve any disputed items. The cost of the auditor shall be shared equally by Maker and Holder.

6. BALANCE DUE UPON CERTAIN EVENTS. The entire balance of unpaid principal and accumulated interest will become immediately due and payable in full upon (i) Maker’s receipt of a grant or loan in an amount of at least $1.1 million in HOME (or similar federal program) funds for the Housing Project or (ii) sale and resyndication of the Housing Project through the federal Low-Income Housing Tax Credit program. Notwithstanding anything to the contrary provided herein, in the event that Maker is in default under the terms of the Affordable Housing Covenant or the tax credit financing provisions or if there shall have been an uncured event of default under this Note or the Deed of Trust, in each event after the passage of applicable notice and cure periods, then the entire unpaid principal of this Note and accrued interest thereon shall be immediately due and payable.

7. MAINTENANCE. Maker hereby covenants and agrees that it shall maintain, or cause to be maintained, the Site in a manner consistent with the provisions set forth therefor in the Crescent City Municipal Code and shall keep the entire Site reasonably free from any accumulation of debris or waste materials prior to and after construction.

If, at any time, Maker fails to maintain the Site, and has either failed to commence to cure such condition or to diligently prosecute to completion the condition or the condition is not corrected after expiration of sixty (60) days from the date of written notice from Holder to Maker, Holder may perform the necessary corrective maintenance, and Maker shall pay such costs as are reasonably incurred for such maintenance. The Holder shall have the right to place a lien on the property should Maker not reimburse Holder for such costs within sixty (60) days following Holder's written demand to Maker for reimbursement of such costs. Maker, on behalf of itself its heirs, successors and assigns, hereby grants to Holder and its officers, employees and agents, an irrevocable license to enter upon the Site to perform such maintenance during normal business hours after receipt of written notice from Holder as hereinabove described and Maker's failure to cure or remedy such failure within sixty (60) days of such notice. Any such entry shall be made only after reasonable notice to Maker, and Holder shall indemnify and hold Maker harmless from any claims or liabilities pertaining to any such entry by Holder.

Failure by Maker to maintain the Site in the condition provided in this Section 7 may, in Holder's reasonable discretion, constitute a default under this Note and the Deed of Trust.

LMIHAF Loan Agreement Attachment No. 2 Page 4

8. EVENTS OF DEFAULT. The occurrence of any of the following shall constitute an event of default under this Note: (i) Maker fails to pay any amount due hereunder within fifteen (15) days of its due date; (ii) Any default by Maker under this Note, the Deed of Trust or the Loan Agreement after the expiration of applicable notice and cure periods; (iii) Any default by Maker under any other document affecting the Housing Project or Site, including without limitation any document executed by Maker in connection with the tax credit financing, after the expiration of any applicable notice or cure periods provided therein; (iv) Except as provided in the Deed of Trust, the sale, transfer or other conveyance of all or any part of the Site or Housing Project, or any interest in it, without Holder's prior written consent, which shall not be unreasonably withheld.

Upon the occurrence of any event of default, or at any time thereafter, at the option of the Holder hereof and without notice, the entire unpaid principal and interest owing on this Note shall become immediately due and payable. This option may be exercised at any time following any such event, and the acceptance of one or more installments thereafter shall not constitute a waiver of Holder’s option. Holder’s failure to exercise such option shall not constitute a waiver of such option with respect to any subsequent event. Holder’s failure in the exercise of any other right or remedy hereunder or under any agreement which secures the indebtedness or is related thereto shall not affect any right or remedy and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof.

9. DEFAULT RATE. At all times when Maker is in default hereunder by reason of Maker’s failure to make payments when due under this Note or any amounts due under any loan documents securing this Note, the interest rate on the sums as to which Maker is in default (including principal, if Holder has elected to declare it immediately due and payable), shall be the lower of the highest rate then allowed by law or two percent (2%) over the prime interest rate announced by Wells Fargo Bank, N.A., as of the date of the default.

10. WAIVER OF PRESENTMENT. Maker and any endorsers hereof and all others who may become liable for all or any part of this obligation, severally waive presentment for payment, demand and protest and notice of protest, and of dishonor and nonpayment of this Note, and expressly consent to any extension of the time of payment hereof or of any installment hereof, to the release of any party liable for this obligation, and any such extension or release may be made without notice to any of said parties and without any way affecting or discharging this liability.

11. COLLECTION FEES. Maker agrees to pay immediately upon demand all costs and expenses of Holder including reasonable attorneys’ fees, (i) if after default this Note be placed in the hands of an attorney or attorneys for collection, (ii) if after a default hereunder or under the Deed of Trust, the Loan Agreement or under any loan document referred to herein Holder finds it necessary or desirable to secure the services or advice of one or more attorneys with regard to collection of this Note against Maker, any guarantor or any other party liable therefore or to the protection of its rights under this Note, the Deed of Trust, the Loan Agreement or other loan document, or (iii) if Holder seeks to have the Site abandoned by or reclaimed from any estate in bankruptcy, or attempts to have any stay or injunction prohibiting the enforcement or collection of the Note or prohibiting the enforcement of the Deed of Trust or any other agreement evidencing or securing this Note lifted by any bankruptcy or other court.

LMIHAF Loan Agreement Attachment No. 2 Page 5

12. CERTAIN LEGAL ACTIONS. If Holder shall be made a party to or shall reasonably intervene in any action or proceeding, whether in court or before any governmental agency, affecting the property or the title thereto or the interest of the Holder under the Deed of Trust, including, without limitation, any form of condemnation or eminent domain proceeding, Holder shall be reimbursed by maker immediately upon demand for all costs, charges and attorneys’ fees incurred by Holder in any such case, and the same shall be secured by the Deed of Trust as a further charge and lien upon the Site.

13. NONRECOURSE LOAN. Payment of this Note is secured solely by the Deed of Trust recorded against the Site and all improvements thereon, without recourse of any kind against Maker or its constituent entities or its limited partners.

14. NOTICES. Any notices provided for in this Note shall be given by mailing such notice by certified mail, return receipt requested, at the address stated in this Note or at such other address as either party may designate in written notice. Copies of any notices given under this Note shall be sent as follows:

To City: City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Manager
To Maker: GS Valhalla, LP
c/o GreenShoots Communities LLC
400 Center Pointe, Suite 300 Office #D
Culver City, CA 90230
Attn: Raymond Junior
and
NEF Assignment Corporation
10 South Riverside Plaza
Suite 1700
Chicago, IL 60606

15. BINDING ON SUCCESSORS. This Note shall be binding upon Maker, its successors and assigns.

16. CAPTIONS. Captions and headings in this Note are for the convenience of the reader and shall not be used in construction of the meaning of this document.

17. GOVERNING LAW. This Note shall be construed in accordance with and be governed by the laws of the State of California.

18. SUBORDINATION. The indebtedness secured by this Note is and shall be subordinate in right of payment to the prior payment in full of all amounts then due and payable (including, but not limited to, all amounts due and payable by virtue of any default or acceleration or upon maturity) with respect to the indebtedness evidenced by the Note (as defined by that certain LMIHAF Loan Agreement Attachment No. 2 Page 6
Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing by the Borrower in favor of California Municipal Finance Authority, a joint exercise of powers authority duly organized and existing under the laws of the State of California (“Governmental Lender”) and assigned to Citibank, N.A. (“Citi”)), in the original aggregate maximum principal amount of $___________________, executed by Maker and payable to Governmental Lender and assigned to Citi, to the extent and in the manner provided in that certain Subordination and Intercreditor Agreement, dated as of December 1, 2023, between Senior Lender and the holder of this Note (the “Subordination Agreement”). The rights and remedies of the payee and each subsequent holder of this Note shall be deemed, by virtue of such holder’s acquisition of this Note, to have agreed to perform and observe all of the terms, covenants and conditions to be performed or observed by the “Junior Lender” under the Subordination Agreement.
[REMINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] LMIHAF Loan Agreement Attachment No. 2 Page 7

19. SEVERABILITY. If any provision of this Note shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby.

Date: __________________
Date: __________________
MAKER:

GS VALHALLA, LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities LLC, a
California limited liability company, its sole
member
______________________________________
By: Raymond Junior, its Managing and Sole
Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager
______________________________________
By: Michael Miller, its President
LMIHAF Loan Agreement Attachment No. 2 Page 8
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 2 Page 9
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 3 Page 1
ATTACHMENT NO. 3

FORM OF DEED OF TRUST
RECORDING REQUESTED BY:

AND WHEN RECORDED RETURN TO:

City of Crescent City
377 J Street
Crescent City, CA 95531
TAX STATEMENTS: NO CHANGE
APN 118-020-027-000

DEED OF TRUST
This Deed of Trust is made ___________, by and between GS VALHALLA, LP, a California limited partnership, whose address is 400 Center Pointe, Suite 300 Office #D, Culver City, CA 90230, as Trustor, [TITLE COMPANY], as Trustee, whose address is ________________________________, and the CITY OF CRESCENT CITY, a municipal corporation, as Beneficiary, whose address is 377 J Street, Crescent City, CA 95531.

1. Trustor hereby IRREVOCABLY GRANTS TO TRUSTEE IN TRUST, WITH POWER OF SALE, the real property in the City of Crescent City, County of Del Norte, State of California, described in Exhibit A attached hereto and incorporated herein by this reference, TOGETHER WITH all the improvements now or subsequently erected on such property, all property rights, including, without limitation, all easements, appurtenances, royalties, mineral rights, oil or gas rights, or profits, water rights, and fixtures now or subsequently a part of the property, for the purpose of securing payment of:
a. The indebtedness evidenced by a promissory note of the same date executed by Trustor, in the sum of $300,000.00, plus accrued interest; and b. The performance of each agreement contained in this Deed of Trust.

2. To protect the security of this Deed of Trust, Trustor agrees:

2.1 CONDITION OF PROPERTY – To keep the property in good condition and repair; not to remove or demolish any building; to complete and restore any building which may be constructed, damaged or destroyed; to comply with all laws affecting the property or requiring any alterations or improvements to be made; not to commit or permit waste; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from the character or use of the property may be reasonably necessary.

2.2 HAZARD INSURANCE – Trustor will continuously maintain hazard insurance against loss by fire, hazards included within the term “extended coverage,” and any other hazards for which Beneficiary requires insurance. The insurance carrier providing the insurance will be chosen by Trustor. In the event of loss, Trustor will give prompt notice to the insurance carrier and Beneficiary.

2.3 ATTORNEY FEES – To appear in and defend any action or proceeding purporting to affect the security, or the rights and powers of Beneficiary or Trustee; and to pay LMIHAF Loan Agreement Attachment No. 3 Page 2
all costs and expenses, including cost of evidencing title and attorney fees in a reasonable sum, in any such action or proceeding in which Beneficiary or Trustee may appear.

2.4 TAXES AND SENIOR ENCUMBRANCES – To pay at least ten (10) days before delinquency: all taxes and assessments affecting the property, including water stock assessments when due, all encumbrances, charges and liens, with interest, on the property which are or appear to be senior to this Deed of Trust; and all expenses of this Deed of Trust.

2.5 ACTS AND ADVANCES TO PROTECT THE SECURITY – If Trustor fails to make any payment or to perform any act provided for in this Deed of Trust, then Beneficiary or Trustee may, without obligation to do so, and with or without notice or demand upon Trustor, and without releasing Trustor from any obligation under this Deed of Trust:
a. Make or do the same to the extent either deems necessary to protect the security, Beneficiary or Trustee being authorized to enter upon the property to do so;
b. Appear in or commence any action or proceeding purporting to affect the security, or the rights or powers of Beneficiary or Trustee; and c. Pay, purchase, contest or settle any encumbrance, charge or lien that appears to be senior to this Deed of Trust.

In exercising the power of this provision, Beneficiary or Trustee may incur necessary expenses, including reasonable attorney fees. Trust is to immediately pay all sums expended by Beneficiary or Trustee provided for his Deed of Trust, with interest from date of expenditure at the same rate and the principal debt hereby secured.

3. It is further mutually agreed that:

3.1 WAIVER – By accepting payment of any sum due after its due date, Beneficiary does not waive Beneficiary’s right to require prompt payment when due of all other sums. Beneficiary may waive a default of any agreement of this Deed of Trust, by consent or acquiescence, without waiving any prior or subsequent default.

3.2 DUE ON SALE – If Trustor decides to sell, transfer or convey any interest in the property, legal or equitable, either voluntarily or by operation of law, then Beneficiary may, at Beneficiary’s option, declare all sums secured by this Deed of Trust immediately due and payable.

3.3 REPLACEMENT OF GENERAL PARTNER – Notwithstanding anything to the contrary contained in this Deed of Trust, the Note, or any related document, the withdrawal, removal and/or replacement of a general partner of Trustor for cause shall require the consent of Beneficiary, which consent shall not be unreasonably withheld, delayed, or conditioned. Notwithstanding the foregoing, (i) the transfer of the interest of the limited partner of Trustor to a wholly-owned affiliate of the limited partner or a wholly-owned affiliate of the general partner is hereby approved, (ii) the removal of the general partner of Trustor and replacement with a wholly-owned affiliate of the limited partner is hereby approved; provided that to the extent, the replacement general partner is an entity other than the limited partner, the Trustor shall provide written notice to the City within thirty (30) of such transfer, (iii) the removal of a general partner and replacement with Citibank, LMIHAF Loan Agreement Attachment No. 3 Page 3
N.A. (“Citi”), or a wholly-owned affiliate of the Citi is hereby approved (“Permitted Transfers”); provided that to the extent, the replacement general partner is an entity other than Citi or the limited partner, the Trustor shall provide written notice to the City within thirty (30) days of such transfer. For the avoidance of doubt, any further transfer of the general partner interests by Citi shall require the approval of the City.

The City shall not unreasonably withhold its consent to allow the Trustor (or the limited partner or Citi, as the case may be) to sell, transfer, convey, or exchange any interest in itself or its partnership, including its general partner, if, after the City reviews the transferee’s documents and history regarding its experience in similar low-income housing projects similar to the property, the transferee agrees to be bound by the terms of this Deed of Trust; provided that this last sentence of Section

3.3 shall not apply to Permitted Transfers.

3.4 ACCELERATION – If payment of any indebtedness or performance of any agreement secured by this Deed of Trust is in default, Beneficiary may at Beneficiary’s option, with or without notice to Trustor, declare all sums secured immediately due and payable by:
a. Commencing suit for their recovery or for foreclosure of this Deed of Trust; or
b. Delivering to Trustee a written notice declaring a default with demand for sale; a written Notice of Default and election to sell to be recorded by Trustee.

3.5 TRUSTEE’S SALE – On default of any obligation secured by this Deed of Trust and acceleration of all sums due, Beneficiary may instruct Trustee to proceed with a sale of the secured property under the power of sale granted herein, notice and held in accordance with California Civil Code 2924 et seq.

4. ANTI-DISCRIMINATION CLAUSES -

4.1 The Trustor covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Trustor itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Property. The foregoing covenants shall run with the land in perpetuity.

4.2 Notwithstanding the foregoing paragraph, with respect to familial status, the above paragraph shall not be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code. With respect to familial status, nothing in the foregoing paragraph shall be construed to affect Sections 51.2, 51.3, 51.4,

51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens.

Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to the above paragraph.

4.3 All deeds, leases or contracts made relative to the Property, the improvements LMIHAF Loan Agreement Attachment No. 3 Page 4
thereon or any part thereof, shall contain or be subject to the nondiscrimination clauses set forth in California Health and Safety Code Section 33436.

5. SUBORDINATION. Beneficiary agrees that the terms and conditions of the Note and this Deed of Trust shall be subject to and subordinate to the terms and conditions of financing obtained by Trustor through Citibank, N.A. (“Citi”) for the development of the Housing Project pursuant to a subordination agreement executed by the Beneficiary and Citi, and any refinancing of such financing.

6. DEFAULT. Notwithstanding any other provisions in this Deed of Trust, the occurrence of any of the following shall constitute an event of default under the Note and this Deed of Trust, and a default may be declared under this Deed of Trust solely upon the occurrence of any of the following: (i) Any failure by Trustor to pay any amount due under the Note within fifteen (15) days of its due date; or (ii) Any default by Trustor under the terms of the Loan Agreement after expiration of applicable notice and cure periods; or (iii) Any sale or transfer of the Property or any portion thereof in violation of the provisions of the Loan Documents (as defined in the Loan Agreement); or (iv) Any other default by Trustor under the terms of the Affordable Housing Covenant provisions after expiration of applicable notice and cure periods.

7. ADDENDA – Any addenda executed by Trustor and recorded together with this Deed of Trust, the covenants and agreements of each will incorporate, amend and supplement the agreements of this Deed of trust.

8. RECONVEYANCE - Upon written request from Beneficiary stating that all sums secured by this Deed of Trust have been paid, surrender of this Deed of Trust and the note to Trustee for cancellation, and payment of Trustee’s fees, Trustee will reconvey the property held under this Deed of Trust.

9. SUCCESSORS, ASSIGNS AND PLEDGES – This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. The term Beneficiary will mean the holders and owner of the secured note, or, if the note has been pledged, the pledgee. [SIGNATURE PAGE TO FOLLOW]
LMIHAF Loan Agreement Attachment No. 3 Page 5
Date: __________________
Date: __________________
TRUSTOR:

GS VALHALLA, LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities LLC, a
California limited liability company, its sole
member

______________________________________
By: Raymond Junior, its Managing and Sole
Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager

______________________________________
By: Michael Miller, its President
Date: _________________
BENEFICIARY:

CITY OF CRESCENT CITY, a California municipal
corporation
________________________________
By: Eric Wier, City Manager
ATTEST:
________________________________
Robin Altman, City Clerk
LMIHAF Loan Agreement Attachment No. 3 Page 6
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 3 Page 7
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 3 Page 8
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 3 Page 9
EXHIBIT A: LEGAL DESCRIPTION
LMIHAF Loan Agreement Attachment No. 4 Page 1
ATTACHMENT NO. 4

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Clerk
Exempt from Recording Fees Per Gov. Code Section 27383
TAX STATEMENTS: NO CHANGE Exempt from SB 2 Fees per Gov. Code § 27388.1(a)(2)(D) APN 118-020-027-000

AFFORDABLE HOUSING COVENANT
For valuable consideration, the receipt of which is hereby acknowledged, CITY OF CRESCENT CITY ("City"), acting in its capacity as the housing successor agency to the former Redevelopment Agency of the City of Crescent City, hereby agrees with GS VALHALLA, LP, a California limited partnership ("Owner"), with respect to that certain parcel of real property (the "Site") legally described on Exhibit A, that the Site and the residential units to be acquired and/or rehabilitated thereon (the "Housing Project") will be subject to the conditions, restrictions, reservations and rights of City specified below.

This Covenant is entered into pursuant to a Low- and Moderate- Income Housing Asset Fund Loan Agreement between the City and Owner (as Borrower) dated ___________, 2023 (“Loan Agreement”). Pursuant to the Loan Agreement, the Owner executed a promissory note in favor of the City, in the amount of $300,000.00 (“Note”) to evidence the Low- and ModerateIncome Housing Asset Funds (LMIHAF) loaned to Owner for the acquisition and/or rehabilitation of 25 units by the Owner (“Assisted Units”). The Note is secured by a deed of trust recorded against the Site.

1. USE OF THE SITE. The Owner hereby covenants and agrees, for itself, its lessees, successors and assigns, as follows:

A. The City and Owner have executed this Agreement to assure the Assisted Units meet the requirements of California Health and Safety Code Sections 33334.3 and 34176.1(a) and remain affordable for fifty-five (55) years. The Assisted Units are identified as Units ________________________.

B. Rent and Income Restrictions. All 25 of the Assisted Units shall be rented to low-income households whose income does not exceed the limits set forth below ("Eligible Households"):

LMIHAF Loan Agreement Attachment No. 4 Page 2
All of the Assisted Units shall be reserved for Eligible Households whose income does not exceed 50% of the area median income, as defined in California Health and Safety Code Section 5009. Of these Assisted Units, at least 9 shall be reserved for households earning up to 30% of the AMI and another 9 shall be reserved for households earning up to 40% AMI.

These Assisted Units shall be available at rents that do not exceed 30% of 30% of AMI, or 30% of 40% of AMI, or 30% of 50% of AMI, as applicable, and, in each instance, adjusted for household size in accordance with adjustment factors adopted and amended from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937, less a utility allowance.

The maximum housing cost of the Eligible Households for the income level set forth above must comply with the regulations promulgated by the California Department of Housing and Community Development Sections 6910-6932 in Title 25 of the California Code of Regulations, governing the City's set aside housing fund.

For purposes of this Covenant:
"Area Median Income or AMI" shall mean the median income for households in Del Norte County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD, or are not updated for a period of at least 18 months, the City shall provide the Owner with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD.

C. Reporting Requirements. Annual reports and annual income recertifications must be submitted to the City. The reports, at a minimum, shall include:
(1) The number of persons per unit
(2) Tenant name
(3) Initial occupancy date
(4) Rent paid per month
(5) Gross income per year
(6) Percent of rent paid in relation to income.

Such information shall be reported to the City pursuant to Health and Safety Code Section 33418, in substantially the form attached hereto as Exhibit B, or in a substantially equivalent format acceptable to the City.

Annual income recertifications shall also contain those documents used to certify eligibility. City may, from time to time during the term of this Covenant, request additional or different information and Owner shall promptly supply such information in the reports required hereunder. Owner shall maintain all necessary books and records, including property, personal and financial records, in accordance with requirements prescribed by City with respect to all LMIHAF Loan Agreement Attachment No. 4 Page 3
matters covered by this Covenant. Owner, at such time and in such forms as City may require, shall furnish to City statements, records, reports, data and information pertaining to matters covered by this Covenant. Upon request for examination by City, Owner, at any time during normal business hours, shall make available all of its records with respect to all matters covered by this Covenant. Owner shall permit City to audit, examine and make excerpts or transcripts from these records.

City acknowledges that Owner will be required to comply with certain reporting requirements as a condition to Owner’s tax credit financing. City hereby agrees that, so long as said reporting requirements remain in effect, and Owner fully complies with any such reporting requirements and provides a copy of all such reports to the City, Owner will be deemed to have complied with the reporting requirements under this Subsection C.

2. MAINTENANCE. The Owner and all successors in interest, agree that they shall maintain, or cause to be maintained, the Site in a manner consistent with the provisions set forth therefor in the Crescent City Municipal Code, and shall keep the entire Site reasonably free from any accumulation of debris or waste materials prior to and after construction.

If, at any time, Owner fails to maintain the Site, and has either failed to commence to cure such condition or to diligently prosecute to completion the condition or the condition is not corrected after expiration of sixty (60) days from the date of written notice from City to Owner, City may perform the necessary corrective maintenance, and Owner shall pay such costs as are reasonably incurred for such maintenance. The City shall have the right to place a lien on the Site should Owner not reimburse City for such costs within sixty (60) days following City’s written demand to Owner for reimbursement of such costs. Owner, on behalf of itself its heirs, successors and assigns, hereby grants to City and its officers, employees and agents, an irrevocable license to enter upon the Site to perform such maintenance during normal business hours after receipt of written notice from City as hereinabove described and Owner’s failure to cure or remedy such failure within sixty (60) days of such notice. Any such entry shall be made only after reasonable notice to Owner, and City shall indemnify and hold Owner harmless from any claims or liabilities pertaining to any such entry by City.

Failure by Owner to maintain the Site in the condition provided in this Section 2 may, in City’s reasonable discretion, constitute a default under this Covenant.

3. NO TRANSFER. Except as expressly permitted by the Loan Documents (as defined in the Loan Agreement), the Owner shall not sell, transfer, convey, encumber, assign or lease the whole or any part of the Site without the prior approval of the City, which shall not be unreasonably withheld. Owner shall request approval by written notice at least ninety (90) days prior to any proposed transfer. This prohibition shall not be deemed to (i) prevent the granting of easements or permits to facilitate the development of the Site, (ii) prohibit or restrict the rental or leasing of units when the construction of the Housing Project is completed, or (iii) prohibit or restrict the grant and exercise of an option and/or right of first refusal to purchase the Site given by Owner to a general partner of Owner in accordance with the Owner’s Partnership Agreement on or around the expiration of the tax credit compliance period which shall not require the prior written approval of Owner, but Owner shall give notice of such transfer to City.

LMIHAF Loan Agreement Attachment No. 4 Page 4

4. MANAGEMENT. During the term of this Covenant, Owner shall promptly notify the City in the event there is any change in the property management company managing the Housing Project. The property management and maintenance agreement shall name the City as a third-party beneficiary permitting the City the right to enforce the agreement. Owner shall submit a copy of such agreement to the City, provided the City shall not have the right to approve or disapprove such agreement except to ensure compliance of such agreement with the provisions of this paragraph 4.

5. NO DISCRIMINATION. The Owner covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall the Owner itself or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the Site.

6. NO IMPAIRMENT OF LIEN. No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Covenant shall defeat or render invalid or in any way impair the lien or charge of any mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Owner to the Site shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.

7. DURATION. The covenants contained in paragraph 1 of this Covenant shall be deemed to run with the land in accordance with Section 33334.3(f) of the Health and Safety Code or any successor statute and shall remain in effect for fifty-five (55) years following recordation of this Covenant.

8. SUCCESSORS AND ASSIGNS. The covenants contained in this Covenant shall be binding for the benefit of the City and its respective successors and assigns, third party beneficiaries, and any successor in interest to the Site or any part thereof, and such covenants shall run in favor of the City and such aforementioned parties for the entire period during which such covenants shall be in force and effect, without regard to whether the City is or remains an owner of any land or interest therein to which such covenants relate. The City, and such aforementioned parties, in the event of any breach of any such covenants, shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in this Covenant shall be for the benefit of and shall be enforceable only by the City, and its respective successors and assigns, third party beneficiaries, and such aforementioned parties.

9. SUBORDINATION. The City agrees that the terms and conditions of this Covenant shall be subject to and subordinate to the terms and conditions of financing obtained by Owner (and any refinancing of such financing) through Citibank, N.A. (the "Lender")for LMIHAF Loan Agreement Attachment No. 4 Page 5
construction or permanent financing for the Housing Project, to be secured by a lien against the Site.

10. SUPERSEDES PRIOR REGULATORY AGREEMENT. Upon recording in the Office of the County Recorder of Del Norte County, this Covenant shall supersede and replace in its entirety that Regulatory Agreement dated as of May 15, 2023, entered into by and between the City of Crescent City and Synergy Community Development Corporation, a California nonprofit public benefit corporation.
[SIGNATURE PAGE TO FOLLOW]
LMIHAF Loan Agreement Attachment No. 4 Page 6
IN WITNESS WHEREOF, the City and Owner have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized, this _____ day of _________________, 20____.

OWNER:

GS VALHALLA, LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities LLC, a California
limited liability company, its sole member
______________________________________
By: Raymond Junior, its Managing and Sole Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager
______________________________________
By: Michael Miller, its President
CITY:

CITY OF CRESCENT CITY, a California municipal
corporation
________________________________
By: Eric Wier, City Manager
ATTEST:
________________________________
Robin Altman, City Clerk
LMIHAF Loan Agreement Attachment No. 4 Page 7
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 4 Page 8
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 4 Page 9
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 4 Page 10

EXHIBIT A
Legal Description of the Site
LMIHAF Loan Agreement Attachment No. 4 Page 11

EXHIBIT B

TENANT INCOME CERTIFICATION
Project: Date:

Affordable Unit: _____ 30% of AMI or _____ 40% of AMI or _____ 50% of AMI Address/Unit Number: Rent:

Tenant/Household Name: Date of Lease:

Size of Household: Expiration:

Total Household Income: per year
The following list includes each member of the household and their income. Attached are federal or state income tax returns for the most recent tax year, current stubs from paychecks or other evidence of the income of each income producing member of the household.

Name of
Household
Member Relationship Age
Social Security
Number
Annual
Income
Source of Income/
Name of Employer

I/We the undersigned have read and answered fully, frankly and personally each of the above questions under penalty of perjury and do hereby swear they are true.

Head of Household Date Owner/Owner's Agent Date
LMIHAF Loan Agreement Attachment No. 4 Page 12

CERTIFICATION OF CONTINUING COMPLIANCE
Project: Date:

Total Affordable Housing Units in Project:

Extremely Low-Income Units (not to
exceed 30% of Median Income):

Very Low-Income Units (not to
exceed 40% of Median Income):

Very-Low Income Units (not to
exceed 50% of Median Income):

The Owner, in accordance with the Affordable Housing Covenant with the City of Crescent City, dated does hereby certify that during the preceding year, the units identified on the following pages were occupied in accordance with the Affordable Housing Covenant and does hereby further certify that the representations set forth herein are true and correct to the best of the undersigned's knowledge.

Signed: Date:

Owner/Owner's Agent
[See Attached.]
LMIHAF Loan Agreement Attachment No. 4 Page 13

ANNUAL COMPLIANCE REPORT
Project: Date:

Very Low-Income Units (Not to Exceed 50% of Median Income) Unit No./Address
Type Tenant Name
Annual
Household
Income
Number in
Household
Monthly
Rent

(Attach additional sheets as required.)
Signed: Date:

Owner/Owner's Agent
LMIHAF Loan Agreement Attachment No. 4 Page 14

ANNUAL COMPLIANCE REPORT
Project: Date:

Very Low-Income Units (Not to Exceed 40% of Median Income) Unit No./Address
Type Tenant Name
Annual
Household
Income
Number in
Household
Monthly
Rent

(Attach additional sheets as required.)
Signed: Date:

Owner/Owner's Agent
LMIHAF Loan Agreement Attachment No. 4 Page 15

ANNUAL COMPLIANCE REPORT
Project: Date:

Extremely Low-Income Units (Not to Exceed 30% of Median Income) Unit No./Address
Type Tenant Name
Annual
Household
Income
Number in
Household
Monthly
Rent

(Attach additional sheets as required.)
Signed: Date:

Owner/Owner's Agent
LMIHAF Loan Agreement Attachment No. 5 Page 1
ATTACHMENT NO. 5

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Clerk
Exempt from Recording Fees Per Gov. Code Section 27383
TAX STATEMENTS: NO CHANGE Exempt from SB 2 Fees per Gov. Code § 27388.1(a)(2)(D) APN 118-020-027-000

NOTICE OF AFFORDABILITY RESTRICTIONS

ON TRANSFER OF PROPERTY
Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title companies, and other persons, regarding affordable housing restrictions on the real property described in this Notice: Restrictions have been recorded with respect to the property described below (referred to in this Notice as the “Property”) which restrict the price and terms at which the Property may be sold or rented. These restrictions may limit the sales price or rents of the Property to an amount which is less than the fair market value of the Property. These restrictions also limit the income of persons and households who are permitted to purchase and rent the Property.

Title of Document Containing Affordable Housing Restrictions:

Affordable Housing Covenant (referred to in this Notice as the “Affordable Housing Restrictions”).

Parties to Affordable Housing Restrictions:

City of Crescent City (“City”) and
GS Valhalla, LP, a California limited partnership (“Owner”).

The Affordable Housing Restrictions are recorded:

Concurrently with this Notice, in the official records of Del Norte County.

Legal Description of Property:

See Exhibit A (Attached hereto)
Street Address of Property:
911 Pacific Avenue, Crescent City, California.

Assessor’s Parcel Number of Property:
118-020-027-000
LMIHAF Loan Agreement Attachment No. 5 Page 2
Summary of Affordable Housing Restrictions:
o The Affordable Housing Restrictions restrict the income level of the tenant of the unit and the amount of rent which may be charged for the rental housing unit or units on the Property, as follows:

Twenty-Five (25) of the forty-five (45) residential units constructed on the Property shall be available to households whose income does not exceed 50% of the area median income, nine (9) of which shall be made available to households whose income does not exceed (30%) of the area median income, and another nine (9) of which shall be made available to households whose income does not exceed 40% of the area median income. These 25 units shall be available at rents that do not exceed 30% of 30% of AMI or 30% of 40% of AMI or 30% of 50% of AMI, as applicable and adjusted by Assumed Household Size, less a utility allowance.
“Area Median Income" shall mean the median income for households in Del Norte County, California, as published from time to time by the United States Department of Housing and Urban Development ("HUD") in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932.
o Term of Restrictions: fifty-five (55) years, commencing on the date the Affordable Housing Covenant is recorded with the Del Norte County Recorder in the County’s Official Records and terminating fifty-five (55) years thereafter.

This Notice does not contain a full description of the details of all of the terms and conditions of the Affordable Housing Restrictions. You will need to obtain and read the Affordable Housing Restrictions to fully understand the restrictions and requirements which apply to the Property. In the event of any conflict between the terms of this Notice and the terms of the Affordable Housing Restrictions, the terms of the Affordable Housing Restrictions shall control.

LMIHAF Loan Agreement Attachment No. 5 Page 3
This Notice is being recorded and filed in compliance with Health and Safety Code Section 33334.3(f)(3) and (4) and shall be indexed against the City and the current Owner of the Property.

IN WITNESS WHEREOF, the City and Owner have caused this instrument to be executed on their behalf by their respective officers thereunto duly authorized, this _____ day of _________________, 20____.

OWNER:

GS VALHALLA, LP, a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities LLC, a California
limited liability company, its sole member
______________________________________
By: Raymond Junior, its Managing and Sole Member
By: Bold Valhalla LLC, a California limited liability
company, its Managing General Partner
By: Bold Communities, a California nonprofit
public benefit corporation, its sole member and
manager
______________________________________
By: Michael Miller, its President
CITY:

CITY OF CRESCENT CITY, a California municipal
corporation
________________________________
By: Eric Wier, City Manager
ATTEST:
________________________________
Robin Altman, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 5 Page 5
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 5 Page 6
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature

EXHIBIT A
Legal Description of the Property
LMIHAF Loan Agreement Attachment No. 6 Page 1
ATTACHMENT NO. 6

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Crescent City
377 J Street
Crescent City, CA 95531
Attn: City Clerk
Exempt from Recording Fees Per Gov. Code Section 27383
TAX STATEMENTS: NO CHANGE Exempt from SB 2 Fees per Gov. Code § 27388.1(a)(2)(D) APN 118-170-002-000

CERTIFICATE OF COMPLETION OF

CONSTRUCTION AND IMPROVEMENT
WHEREAS, the CITY OF CRESCENT CITY, a municipal corporation of the State of California (hereinafter referred to as the "City") and GS Valhalla, LP, a California limited partnership ("Owner"), are parties to that certain Low- and Moderate- Income Housing Asset Fund Loan Agreement (“Loan Agreement”) dated ________________; and WHEREAS, pursuant to the Loan Agreement, the Owner has developed the Site (as defined therein) legally described in the attached Exhibit A (the "Site") by constructing, or causing to be constructed, all of the improvements required under the Loan Agreement; and WHEREAS, pursuant to Section 4.06 of the Loan Agreement, promptly after completion of construction and development of the improvements to be developed on the Site and upon the written request by the Owner, the City is required to furnish the Owner with a Certificate of Completion; and
WHEREAS, the issuance by the City of the Certificate of Completion shall be conclusive evidence that the Owner has complied with the terms of the Loan Agreement pertaining to construction and development of the improvements upon the Site, including the execution and recording of the Affordable Housing Covenant and Notice of Affordability Restrictions on Transfer of Property; and
WHEREAS, the Owner has requested that the City furnish the Owner with the Certificate of Completion for the Site; and
WHEREAS, the City has conclusively determined that construction of the improvements on the Site as required by the Loan Agreement has been satisfactorily completed.

NOW, THEREFORE:

LMIHAF Loan Agreement Attachment No. 6 Page 2

1. As provided in the Loan Agreement, the City does hereby certify that construction of the improvements on the Site as required by the Loan Agreement have been fully and satisfactorily performed and completed.

2. The Loan Agreement is of no further force and effect, with respect to the construction of the improvements to be constructed on the Site, and all rights, duties, obligations and liabilities of the City and the Owner thereunder with respect to such construction shall cease to exist. Any continuing and existing rights, duties, obligations and liabilities of the City and Owner, and its successors and assigns pertaining to the Site, are provided in the in the Note and Deed of Trust, and the Affordable Housing Covenant recorded against the Site as provided for under and pursuant to the Loan Agreement.

3. This Certificate of Completion shall not be deemed or construed to constitute evidence of compliance with or satisfaction of any obligation of the Owner to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the construction of the improvements on the Site. This Certificate of Completion is not a notice of completion as referred to in Section 3093 of the California Civil Code.

IN WITNESS WHEREOF, the City has executed this Certificate of Completion as of this _____ day of _______________, _________,
CITY OF CRESCENT CITY ("City")
By: Eric Wier, City Manager
ATTEST:
____________________________________
Robin Altman, City Clerk
LMIHAF Loan Agreement Attachment No. 6 Page 3
STATE OF CALIFORNIA }
COUNTY OF ____________}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

On _________________________ before me, ______________________________________, a Notary Public, personally appeared ____________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal. [seal]
__________________________________
Signature
LMIHAF Loan Agreement Attachment No. 6 Page 4

EXHIBIT A

LEGAL DESCRIPTION OF THE SITE

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: ROBIN ALTMAN, CITY CLERK/ADMINISTRATIVE ANALYST
DATE: DECEMBER 18, 2023
SUBJECT: CDBG PUBLIC HEARING REVISED MEETING MINUTES
______________________________________________________________________

RECOMMENDATION
• Adopt the revised meeting minutes from the October 16, 2023 Council meeting

BACKGROUND
During review of the adopted minutes from the October 16, 2023 Council meeting, a few substantive errors were found. These have been corrected to reflect the discussion of the CDBG application during the public hearing.

ATTACHMENT

1. Revised Council meeting minutes
1 | P a g e
10/2/23 COUNCIL MINUTES

CITY OF CRESCENT CITY
Mayor Isaiah Wright Mayor Pro Tem Blake Inscore
Council Member Raymond Altman Council Member Jason Greenough Council Member Kelly Schellong
MONDAY OCTOBER 2, 2023 6:00 P.M.

OPEN SESSION
Call to order Mayor Wright called the meeting to order at 6:00 p.m.

Roll call Council Members present: Council Member Ray Altman, Council Member Kelly Schellong, and Mayor Isaiah Wright
Council Members absent: Council Member Jason Greenough and Mayor Pro Tem Blake Inscore
Staff Members present: City Manager Eric Wier, City Attorney Martha Rice, City Clerk/Administrative Analyst Robin Altman, Grants Administrator Bridget Lacey, Economic Development and Recreation Director Ashley Taylor, Public Works Maintenance Manager Jason Wylie, Public Works Director Dave Yeager and Police Chief Richard Griffin
Pledge of Allegiance led by Mayor Wright

PUBLIC COMMENT PERIOD
Steve Huber: local fisherman spoke about the recent closure of all fishing of groundfish and would like people to give public comment to start the industry back up. He is concerned with the local impacts of this closure.

Dorothy Riley: spoke about nanotechnology and Cointelpro. She further spoke about how mind control is impacting her life and that she is a subject of human experimentation. Wants Chief Griffin and Sheriff Scott removed from office.

Robert DeRego: spoke about the CDBG for low-income housing and that vacation rentals should be banned.

Andrea Spahn: spoke about the closure of fishing and asked for a letter to come from the Council stating their will be a disaster to our economy. Said anyone from the community, including those present at the meeting tonight can give public comment. The letter needs to be out by October 4 th to get into the main book.
➢ Reports, Concerns, Referrals, Council travel and training reports – Council Member Altman: nothing to report
Council Member Schellong: attended the Chamber of Commerce Bayside Realty Chamber Mixer, met with City staff to discuss more details on improvements on Lighthouse Cove RV Park, an MINUTES *REVISED*

REGULAR MEETING OF THE

CITY COUNCIL OF THE CITY OF CRESCENT CITY

FLYNN CENTER BOARD CHAMBERS
981 H STREET
CRESCENT CITY, CA 95531
2 | P a g e
10/2/23 COUNCIL MINUTES
Economic Development meeting with City staff and stakeholders, Sea Cruise is this weekend and October 14th will be the Fallen Firefighter Award occurring in Sacramento, and October 27th will be the largest blood drive by Bicoastal Media, and that this month is Breast Cancer Awareness Month.

Mayor Wright: GSRMA Board of Directors meeting last week – the nominations for our members is coming up soon so a decision will need to be made.

CEREMONIAL ITEMS

1. Indigenous People’s Day Proclamation
Mayor Wright read the proclamation aloud. Chairman Dale Miller of Elk Valley Rancheria spoke on behalf of the Rancheria and was glad to accept the proclamation. He stated the relationship between the Rancheria and the City has been very beneficial to both entities. Charlene Storr, Treasure of the Tolowa Nation spoke of the tribe’s appreciation of the proclamation. Spoke of Crescent City being her home and that they have continued to honor native traditions. Spa-ghe Dowd from the Resighini Rancheria and spoke of his appreciation of the proclamation and is looking forward to working with the CIty. City Manager Wier spoke about the City’s appreciation of the partnerships with local tribes and the City. Beachfront Park is a prime example of this partnership. He further stated acknowledging the terrible history is important for healing.

2. Domestic Violence Awareness Month Proclamation
Council Member Schellong read the proclamation aloud and spoke about her work with Harrington House. Amy Carlson of Harrington House accepted the proclamation and spoke about Del Norte County being the leading county for domestic violence calls. Appreciated the recognition and that they will continue to work towards helping victims of domestic violence.

3. Fire Prevention Week Proclamation
Council Member Altman read the proclamation aloud, Mayor Wright presented the proclamation to Fire Chief Carey. Chief Carey gave some examples of fire prevention and what the fire department does to make sure the public is educated.

CONSENT CALENDAR

4. Council Meeting Minutes
• Recommendation: Approve the December 6, 2022 and September 18, 2023 meeting minutes for the City Council.

5. Warrant Claims List
• Recommendation: Receive and file the warrant claims list for the period September 9, 2023 through September 22, 2023.

6. Payroll Report
• Recommendation: Receive and file the biweekly payroll report for the period ending September 23, 2023, paid September 29, 2023

7. Oregon Sewer Lift Station Emergency Repair
• Recommendation: Approve and adopt Resolution No. 2023-70, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY
3 | P a g e
10/2/23 COUNCIL MINUTES

8. Video Inspection of Sewer Lines and Manholes Notice of Completion • Recommendation: Authorize the City Manager to sign and file a Notice of Completion for the Video Inspection of Sewer Lines and Manholes Project by National Plant Services

9. Supplemental Agreements for COVID Relief Program STIP Funds and CRRSA Funds – Front Street Improvements
• Recommendation: Approve and adopt Resolution No. 2023-71, A RESOLUTION OF

THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AUTHORIZING THE CITY

MANAGER AS SIGNATORY FOR THE COVID RELIEF PROGRAM STATE

TRANSPORTATION IMPROVEMENT PROGRAM (STIP) AND CORONAVIRUS

RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS ACT (CRRSAA)

TRANSPORTATION IMPROVEMENT PROGRAM (TIP) FUNDS
City Manager Wier stated that since Council Member Schellong will be recusing herself from the Warrant Claims on the consent calendar, there will not be a quorum to vote on that item. The Warrant Claims will be on the next City Council agenda for adoption.

There were no comments from the public.

On a motion by Council Member Schellong, seconded by Council Member Altman, and carried on a 3-0 polled vote with Council Member Greenough and Mayor Pro Tem Inscore being absent, the City Council of the City of Crescent City adopted the consent calendar consisting of items 4, 6-9 as presented.

REPORTS AND PRESENTATIONS - None

PUBLIC HEARING

10. Public Hearing to Close out Grant 20-CDBG-CV1-00048 • Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Close public hearing
• Approve the final accomplishments under Community Development Block Grant contract #20-CDBG-CV1-00048; and
• Direct staff to submit final closeout documents to the Department of Housing and Community Development (HCD)
Mayor Wright opened up the public hearing at 6:51 p.m. Grants Coordinator Lacey explained the CDBG CV1 funding which was intended on addressing community's needs. The Family Resource Center Food Bank was the first to be chosen for the Pacific Pantry Program. She explained the areas in Del Norte County served by this valuable program. Since the activity has been completed, the grant will need to be closed out. Council Member Schellong asked what happens to the disencumbered funds; Ms. Lacey stated it goes back to CDBG.

The following resident gave public comment:

Dorothy Riley: asked about the CDBG and Housing; what do people do when police brutality forces someone into homelessness. Asked about how Cointelpro keeps people from getting food, and how tech and society is being used to hurt marginalized people. 4 | P a g e
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Mayor Wright closed the public hearing at 6:57p.m.

There were no comments from the public.

On a motion by Council Member Schellong, seconded by Council Member Altman, and carried on a 3-0 polled vote with Council Member Greenough and Mayor Pro Tem Inscore being absent, the City Council of the City of Crescent City approved the final accomplishments under Community Development Block Grant contract #20-CDBG-CV1-00048 and directed staff to submit final closeout documents to the Department of Housing and Community Development.

11. Public Hearing for 2023 and 2024 CDBG Notice of Funding Availability • Recommendation: Open public hearing
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Close public hearing
• Direct staff to prepare an application for CDBG funding under the 2023 NOFA for OTC – Public Infrastructure – Storm Drain Project Phase II (F Street) $1,065,485; and • Direct staff to prepare applications for CDBG funding under the 2024 NOFA for OTC – Public Infrastructure – Front Street (Play to Hwy 101) $3,000,000 and Competitive – Public Service – FRC Food Pantry – Food Bank $250,000
On a motion by Council Member Schellong and seconded by Council Member Altman, and carried on a 3-0 polled vote, with Council Member Greenough and Mayor Pro Tem Inscore being absent, the City Council voted to table and reschedule the public hearing for the 2023 CDBG NOFA to October 16th meeting.

No public comments were made on the motion to postpone the item.

Mayor Wright opened the public hearing opened 6:59 p.m. Grants Coordinator Lacey explained the Notice of Funding Available which was released in September 2023 with approximately $36.5 million in funding to be awarded to waitlisted. Lori Adams of Adams Ashby spoke about the requirements for the process so the public is made aware of the services available. There were two applications that came in for consideration. The projects being brought forward are the public service activities and infrastructure activities. The individuals these programs serve are for the moderate to low-income people in the community. The project before the Council meets the necessary requirements. One requirement is the Housing Element needs to be in place, which staff is currently working on. None of the activities proposed this evening require that element.

Council Member Schellong asked if there were any other applicants; Coordinator Lacey stated that there were a total of two applications that came out of the Call for Projects meeting. Ms.

Adams stated she understood those were the only applicants. City Manager Wier asked Ms.

Adams to clarify the CDBG rules – that the City can only submit two applications for this funding; Ms. Adams stated that we are allowed one OTC and one Public Service or Planning & Technical assistance application. yes, due to the recent changes only two can be submitted for funding.

Allowed one Over the Counter and one Planning and Technical Service Program. Grants Coordinator Lacey stated that we could potentially be able to submit two Public Service for Planning & TA applications as another option, but we won’t know for sure until the NOFA is released. Mayor Wright asked about the amount of the funding available; Ms. Adams stated that the maximum is now $250k when it used to be $500k. City Manager Wier stated that part of Front Street, B Street to G, was a CDBG project, however it was competitive and not an OTC grant. 5 | P a g e
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There is one now, that will come before the Council at the next Council meeting which is more storm drain improvements. This particular one gets on a wait list for future funding; Ms. Adams said the NOFA will be released in January as the changes on that one has changed as well. It’s her understanding there will no longer be wait lists, but a “first come first serve basis”. The projects will need to be shovel ready; City Manager Wier stated that the CIty will be competitive as we will have a shovel ready project in time.

The following resident gave public comment:

Dorothy Riley: stated that she was told that in order for her to get food from the Food Bank, an ID was being requested of the person asking. Would like to have it changed to not require ID to receive food. Addressed mental health and stated that she would like law enforcement to be discussed further.

Meridith Mills of the Del Norte and Tribal Lands gave a presentation about the food pantry and mobile market. She gave a presentation on the services they provide as well as a brief history of the program. Council Member Schellong asked how it was determined that Del Norte was the third highest in food security; Ms. Mills stated that there are questionnaires that people complete that give that information regarding healthy foods. The proposal they would have to have $250k in funding to support both the Food Pantry as well as the Mobile Pantry. The sources of their food comes from Ocean Air Farms, Alexandre Dairy Farms, Rumiano Cheese, Woodhaven Farms, Story’s Seafood, NorCal produce through Wild Rivers Market, and Prairie Companion Company.

Council Member Altman stated that he appreciated her passion for her job. Council Member Schellong asked if the food pantry is only open 8 hours a week; Ms. Mills stated they are open every week and gave the schedule; Tuesdays are the mobile market. Council Member Schellong asked about the about lack of public transportation; Ms. Mills stated that people said the one reasons they were having trouble accessing the resources was the lack of transportation to get it.

Council Member Schellong suggested Ms. Mills speak with Redwood Coast Transit Authority to discuss the transportation needs. Barry Walkley is the President of RHS and spoke of his appreciation of the Domestic Violence Awareness Proclamation. RHS has a special program called “Helping Hands” that helps adults with intellectual and developmental disabilities. There are those in our community who live alone, however, have assistance from RHS for life skills, etc.

He stated that the grant would allow them to purchase vehicles to help clients with medical appointments. The program can be increased to above 14 clients. He stated that they meet the requirement of low to moderate income persons – Helping Hands client base is 100% low to moderate income persons. He further stated that 100% of their clients live within the City limits and meet that requirement. Grants Coordinator Lacey that all proposed projects will be completed in 33 months, all projects meet the low to moderate income people, and there are no matching grant funds. Council Member Schellong stated that both programs are needed in this community and her participation in the Night to Shine event for the Regional Center clients. Stated that the Food Pantry is serving more people per capita and since only one can be selected, since they serve more people, she would like to have the Food Pantry selected. Council Member Altman stated that he wishes both programs could be selected, but he would like to see the Food Pantry be selected, however appreciates the Helping Hands. Especially appreciated the help given to those who lost entire refrigerators and freezers of food. Mayor Wright stated that since we live in a food desert, he supports funding the Food Pantry, although both programs are valuable.

The following resident gave public comment:
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Dorothy Riley: spoke about being kidnapped by an illegal 5150. Spoke about being terrorized before being kidnapped and asked about the mental health of the FBI and police.

Mayor Wright closed the public hearing at 7:59 p.m.

On a motion by Council Member Altman, seconded by Council Member Schellong, and carried on a 3-0 polled vote, with Council Member Greenough and Mayor Pro Tem Inscore being absent, the City Council of the City of Crescent City directed staff to prepare applications for CDBG funding under the 2024 NOFA for OTC – Public Infrastructure – Front Street (Play to Hwy 101) $3,000,000 and Competitive – Public Service – FRC Food Pantry – Food Bank $250,000.

CONTINUING BUSINESS - None

NEW BUSINESS

12. CCPD Application for AKC Reunite K9 Officer Grant
• Recommendation: Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Authorize staff to seek donations for the program and to apply for the AKC Re-unite Grant for the purchase of a K9 officer
Police Chief Griffin stated that this was previously approved to have a third K9 and recommended by the Measure S Oversight Committee. The current cost of the K9 is approximately $17,000 trained twice a month and certified. Currently there is Lt. Kai in the program who will be 7 years old next year and there is a hard line for his retirement. The third K9 will have Officer Sperling as his handler. Sgt. Kostya is doing very well in the public and has been present at high school football games, the players have enjoyed seeing his skills. Mayor Wright asked for when Lt. Kai retires, does Sgt. Kostya promote; Chief Griffin stated that it follows military rules that the K9 needs to be a higher rank than their handler. Council Member Altman asked if the K9s all come from the same place; Chief Griffin stated that they all come from the same place which are hand selected from Germany and are given basic transition.

The following resident gave public comment:

Dorothy Riley: asked about dogs being used by Cointelpro, FBI, and police to abuse people and spoke about one viciously attacking her for four months coordinated with nanotechnology.

Robert DeRego: asked if it’s the intention to have two K9s and asked if they are still trained to sniff for cannabis; Chief Griffin stated that yes, they are still trained to sniff cannabis because not all amounts are allowed; in regards to the number of dogs, Chief Griffin would like four but it is not feasible for the department. Once Lt. Kai retires, Sgt. Lopez is going to still manage the program but will take a break from having a K9.

On a motion by Council Member Schellong, seconded by Council Member Altman, and carried on a 3-0 polled vote with Council Member Greenough and Mayor Pro Tem Inscore being absent, the City Council of the City of Crescent City authorized staff to seek donations for the program and to apply for the AKC Re-unite Grant for the purchase of K9 officer.

CITY COUNCIL ITEMS
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➢ Legislative Matters – None
➢ City Manager Report and City Council Directives – City Manager Wier reported the following to the Council:
• Fallen Firefighters Memorial event in Sacramento is October 14th – Fire Chief Carey reported to the Council that this is the ultimate sacrifice in our line of work. There is a huge wall with fallen firefighters’ names. Former Fire Chief John McFarland will present the flag to the Wakefield family at the event.
• CCPD Pink Patch Program – Chief Griffin reported on the Pink Patch Program that acknowledges Breast Cancer Awareness Month. He spoke about the recognition for CCPD receiving a gold standard rating from NIBRS.
• Pool Special Events – Halloween Splash and Swim Camp – Economic Development and Recreation Director Taylor reported that on October 21st will be the Monster Splash and then the Swim Camp will be brought back and will be held during Thanksgiving break, with registration on October 23rd in pool activities as well as out of pool activities at the Cultural Center. November 20 – 22 is when the Swim Camp will occur. Mayor Wright asked for the ages allowed – Swim Camp is ages 8 – 12; for the carnival, there will be pool capacity as the limits of swimmers. Council Member Schellong asked if the Cultural Center can be used at that time; Director Taylor stated that LRT is having their play at the same time.
• City Manager Wier reported to the Council about the Pacific Fishery Management Council and their upcoming meeting. Council Member Schellong asked if a motion needed to be made or a direction can be done to draft a letter; City Manager Wier stated that it is better to have it agendized so the whole Council can weigh in. City Attorney Rice stated that in the past, direction was given, but it is a fuzzy line and since there is time, it’s preferred to have it on the agenda. CIty Manager Wier stated that the City has until the 12th by 5pm to submit a public comment. City Manager Wier asked for Council consensus for if this is for a special Council meeting for consideration, or at the next regular agenda; Council Member Schellong stated that the negative impacts of this is across the board; Council Member Altman was in support of having a meeting next week and is available for Monday, Tuesday and Wednesday. It was Council consensus to have the meeting on the 9th at 6pm. • Assemblymember Wood was in town to get a briefing on the Smith River Complex on the Incident Management Team, CAO Neal Lopez, and City Manager Wier. He also experienced the Val Polyanin exhibit as well and appreciated the diversity of the art.

He will be looking into options for how to help with rehoming the art. • Sea Cruise will be this Friday.
• Chief Griffin reported to the Council that Officer Fillippa has graduated from FTO and now is a solo officer; Officer Aguirre will be solo soon. There will be a Detective position in January 2024. Council Member Schellong asked Chief Carey how recruitment was going for volunteer firefighters; Chief Carey stated it was going very well as two have gone through the mini-academy and two more are going thru the academy.

ADJOURNMENT
There being no further business to come before the Council, Mayor Wright adjourned the meeting at 8:44 p.m. to the regular meeting of the City Council of the City of Crescent City on Monday, October 16, 2023, at 6:00 p.m. at the Flynn Center, 981 H Street, Crescent City, CA 95531.

ATTEST:
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____________________________
Robin Altman
City Clerk/Administrative Analyst

CRESCENT CITY HOUSING AUTHORITY

BOARD AGENDA REPORT
TO: CHAIR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MEGAN MILLER, HOUSING DIRECTOR
MARTHA D. RICE, CITY ATTORNEY
DATE: DECEMBER 18, 2023
SUBJECT: CONSENT TO ASSIGNMENT OF SECTION 8 HAP CONTRACT FOR

VALHALLA TOWNHOMES

RECOMMENDATION
• Ratify the Housing Director’s execution of the Assignment, Assumption and Amendment Agreement – Section 8 Housing Assistance Payments Contract

BACKGROUND
Valhalla Townhomes located at 911 Pacific Avenue consists of 44 rental units and one onsite manager unit. Synergy Valhalla, LLC purchased the complex in December 2021 and made some significant improvements to the units. Valhalla Townhomes was awarded 25 project-based vouchers (PBV) from the Housing Authority on May 16, 2022.

The property is currently in escrow with GS Valhalla LP, which is in the process of obtaining financing for the purchase and extensive rehabilitation of Valhalla Townhomes from Synergy. This transaction will result in GS Valhalla, LP obtaining title to the property and also financing to provide extensive renovations.

On September 5, 2023, the City Council approved the issuance of up to $10 million in municipal bond financing through the California Municipal Finance Authority to fund the acquisition and renovation of Valhalla Townhomes. All 44 rental units will be income restricted.

On November 20, 2023, the City Council approved the award of $300,000 of low- and moderate-income housing asset funds (LMIHAF) to GS Valhalla LP in the form of a loan to be used in the acquisition and/or rehabilitation of 25 of the Valhalla rental units. These 25 units will be income restricted to low- and very-low-income tenants at affordable rental rates.

CONSENT TO ASSIGNMENT OF HAP CONTRACT
DECEMBER 18, 2023
2 As part of the transfer of the property, the existing property owner will assign the HAP contract to the new owner. Essentially, the new owner will be filling the shoes of the old owner in the HAP contract. This requires the consent of the Housing Authority.

ITEM ANALYSIS
The Housing Authority’s consent to assigning the HAP contract to the new owner is a technical requirement so that the new owner can continue to operate the property with the 25 project based vouchers. Currently, the seller is bound by the agreement and would continue to receive subsidy payments. Thus, the assignment and assumption of the contract will replace the seller with buyer in all respects under the contract.

Because closing of the transaction is scheduled for December 15, the Housing Director executed the consent to assignment. Staff are now requesting that the Housing Authority Board ratify that action.

FISCAL ANALYSIS
This action will not have an impact on Housing Authority funds as the amount of projectbased vouchers remains the same.

CEQA ANALYSIS
The action does not constitute a “project” under CEQA because it has no potential to cause a direct or reasonably foreseeable indirect physical change in the environment.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic plan Goals:
• GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND

HEALTH TO ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR

RESIDENTS AND VISITORS

ATTACHMENTS

1. Executed Assignment, Assumption, and Amendment Agreement – Section 8 Housing Assistance Payment Contract
page 1 of 6
HUD Assignment, Assumption, and Amendment
of Section 8 HAP Contract (REV 07-01-2021)

ASSIGNMENT, ASSUMPTION AND AMENDMENT AGREEMENT
SECTION 8 HOUSING ASSISTANCE PAYMENTS CONTRACT
THIS ASSIGNMENT, ASSUMPTION AND AMENDMENT OF SECTION 8
HOUSING ASSISTANCE PAYMENTS CONTRACT (herein called this "Agreement"), is made this ____ day of December, 2023, by the United States of America, acting through the City of Crescent City Housing Authority (herein called the "Contract Administrator"), Synergy Valhalla, LLC, a California limited liability company (herein called the "Seller"), and GS Valhalla, LP, a California limited partnership (herein called the "Buyer").

WHEREAS, the Contract Administrator and the Seller, pursuant to Section 8 of the United States Housing Act of 1937, 42 U.S.C. 1437f, entered into a Section 8 Housing Assistance Payments Contract (herein called the "HAP Contract"), identified as HAP Contract Number 2577-0169, for twenty-five (25) units located at 911 Pacific Avenue, Crescent City, California (herein called the "Property"), a copy of which is attached hereto as Exhibit A; WHEREAS, the Seller, and the Buyer have entered into a Purchase and Sale Agreement, dated as of January 25, 2023, as amended (the "Purchase Agreement"), wherein the Seller agrees to sell the Property and the Buyer agrees to purchase the Property, including, without limitation, the improvements situated thereon, and has agreed to accept the assignment of and assume all obligations under the HAP Contract; and
WHEREAS, the Seller and the Buyer mutually desire to assign the HAP Contract; and it is necessary to and the Contract Administrator and the Buyer mutually desire to amend the HAP Contract to allow for physical inspections in accordance with 24 CFR Part 5 Subpart G and 24 CFR Part 200, Subpart P, and to require financial reporting in accordance with 24 CFR Part 5 Subpart H.

NOW, THEREFORE, in consideration of the foregoing, and in order to comply with the requirements of the United States Housing Act of 1937, and the regulations adopted pursuant thereto, the parties hereto agree as follows:

1. The Seller hereby irrevocably assigns HAP Contract to the Buyer together with all rights and obligations in and under said contract.

2. Effective as of the date of this Agreement, the Buyer agrees to assume and to be bound by said HAP Contract as modified herein.

3. Effective as of the date of this Agreement, the Seller is released from any future obligations under the HAP Contract, excepting that the Seller shall remain responsible for filing the AFS through the day before this Agreement if said HAP Contract includes an AFS filing requirement. Nothing in this Agreement shall waive, compromise, impair, or prejudice any right HUD may have against the Seller for any violation of the HAP Contract that may have occurred prior to the date of this Agreement.

Valhalla Townhomes
Contract No. 2577-0169
Crescent City, CA
page 2 of 6
HUD Assignment, Assumption, and Amendment
of Section 8 HAP Contract (REV 07-01-2021)

4. Part II of the HAP Contract shall be amended as follows to include the following provisions:

Physical Condition Standards and Inspection Requirements. The Owner shall comply with the Physical Condition Standards and Inspection Requirements of 24 CFR Part 5, Subpart G, including any changes in the regulation and related Directives. In addition, the Owner shall comply with HUD's Physical Condition Standards of Multifamily Properties of 24 CFR Part 200, Subpart P, including any changes in the regulation and related Directives. This obligation shall apply both during the current term of the HAP contract and during each successive renewal term.

Financial Reporting Standards. The Owner shall comply with the Uniform Financial Reporting Standards of 24 CFR Part 5, Subpart H, including any changes in the regulation and related Directives. This obligation shall apply during the current term of the HAP contract and for each successive renewal term.

5. This Agreement shall be construed under the laws of the State of California, and, to the extent inconsistent with the laws of the State of California, the laws of the United States of America. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns.

6. This Agreement may be executed in any number of counterparts, each of which shall be considered an original for all purposes; provided, however, that all such counterparts shall together constitute one and the same instrument.

NOTHING in this Agreement shall in anyway impair the HAP Contract or alter, waive, annul, vary, or affect any provision, condition, or covenant therein, except as herein specifically provided, or affect or impair any rights, powers, or remedies under the HAP Contract, it being the intent of the parties hereto that the terms and conditions of the HAP Contract shall continue in full force and effect except as amended hereby.
page 3 of 6
HUD Assignment, Assumption, and Amendment
of Section 8 HAP Contract (REV 07-01-2021)
SELLER:

SYNERGY VALHALLA, LLC,
a California limited liability company
By: Synergy Community Development
Corporation, a California nonprofit public benefit
corporation, its Sole Member
By: _______________________
Name: William E. Rice
Title: President
Date: December __, 2023
page 4 of 6
HUD Assignment, Assumption, and Amendment
of Section 8 HAP Contract (REV 07-01-2021)
BUYER:

GS VALHALLA, LP,
a California limited partnership
By: GS Valhalla LLC, a California limited liability
company, its Administrative General Partner
By: GreenShoots Communities LLC,
a California limited liability company, its
Sole Member
By: ________________________
Raymond Junior, its
Managing and Sole Member
By: Bold Valhalla, LLC, a California limited
liability company, its Managing General
Partner
By: Bold Communities, a California
nonprofit public benefit corporation,
its Sole Member and Manager
By: ________________________
Michael Miller, President
Date: December __, 2023

page 6 of 6
HUD Assignment, Assumption, and Amendment
of Section 8 HAP Contract (REV 07-01-2021)

EXHIBIT A

HAP CONTRACT
[See Attached]
LLC
OMB Approval No. 2577-0169
(exp. 07/31/2022)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM

HOUSING ASSISTANCE PAYMENTS CONTRACT

EXISTING HOUSING
PART 1 OF HAP CONTRACT
Public reporting burden for this collection of information is estimated to average 2 hours. This includes the time for collecting, reviewing and reporting the data. The information is being collected as required by 24 CFR 983.202, which requires the PHA to enter into a HAP contract with the owner to provide housing assistance payments for eligible families, and, as applicable, 24 CFR 983.10. This agency may not conduct orsponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Assurances of confidentiality are not provided under this collection.

Privacy Act Statement. HUD is committed to protecting the privacy of individuals' information stored electronically or in paper form, in accordance with federal privacy laws, guidance,and best practices. HUD expects its third-party business partners, including Public Housing Authorities, who collect, use maintain, or disseminate HUD information to protect the privacy of that information in Accordance with applicable law.

1. CONTRACT INFORMATION
a. Parties
This housing assistance payments (HAP) contract is entered into between:

City of Crescent City Housing Authority (PHA) and
Synergy Valhalla (owner).
b. Contents of contract
The HAP contract consists of Part 1, Part 2, and the contract exhibits listed in paragraph c.
c. Contract exhibits
The HAP contract includes the following exhibits:

EXHIBIT A: TOTAL NUMBER OF UNITS IN PROJECT COVERED BY
THIS HAP CONTRACT; INITIAL RENT TO OWNER; AND
Project-Based Voucher Program
HAP Contract for Existing Housing
Previous editions are obsolete
HUD 52530B Page - 1 of Part 1
(07/2019)
OMB Approval No. 2577-0169
(exp. 07/31/2022)
DESCRIPTION OF THE CONTRACT UNITS. (See 24 CFR
983.203 for required items.)
EXHIBIT B: SERVICES, MAINTENANCE AND EQUIPMENT TO BE

PROVIDED BY THE OWNER WITHOUT CHARGES IN

ADDITION TO RENT TO OWNER
EXHIBIT C: UTILITIES AVAILABLE IN THE CONTRACT UNITS,

INCLUDING A LISTING OF UTILITIY SERVICES TO BE

PAID BY THE OWNER (WITHOUT CHARGES IN ADDITION

TO RENT TO OWNER) AND UTILITIES TO BE PAID BY THE

TENANTS
EXHIBIT D: FEATURES PROVIDED TO COMPLY WITH PROGRAM
ACCESSIBILITY FEATURES OF SECTION 504 OF THE
REHABILITATION ACT OF 1973

ADDITIONAL EXHIBITS
d. Effective date and term of the HAP contract

1. Effective date
The PHA may not enter into a HAP contract for any contract unit until the PHA (or an independent entity, as applicable) has determined that the unit meets the PBV inspection requirements.

For all contract units, the effective date of the HAP contract is:
a.
b.
02/01/2023
c. The term of the HAP contract begins on the effective date.

2. Length of initial term
Subject to paragraph 2.b, the initial term of the HAP contract for all contract units is:
a.
5 years
The initial term of the HAP contract may not be less than one year, nor more than twenty years.
b.

3. Extension of term
Project-Based Voucher Program
HAP Contract for Existing Housing
Previous editions are obsolete
HUD 52530B Page - 2 of Part 1
(07/2019)
OMB Approval No. 2577-0169
(exp. 07/31/2022)
The PHA and owner may agree to enter into an extension of the HAP contract at the time of initial HAP contract execution, or any time prior to expiration of the contract. Any extension, including the term of such extension, must be in accordance with HUD requirements. A PHA must determine that any extension is appropriate to achieve long-term affordability of the housing or expand housing opportunities.

Requirement for sufficient appropriated funding
The length of the initial term and any extension term shall be subject to availability, as determined by HUD, or by the PHA in accordance with HUD requirements, ofsufficient appropriated funding (budget authority), as provided in appropriations acts and in the PHA's annual contributions contract (ACC) with HUD, to make full payment of housing assistance payments due to the owner for any contract year in accordance with the HAP contract.

The availability of sufficient funding must be determined by HUD or by the PHA in accordance with HUD requirements. If it is determined that there may not be sufficient funding to continue housing assistance payments for all contract units and for the full term of the HAP contract, the PHA has the right to terminate the HAP contract by notice to the owner for all or any of the contract units. Such action by the PHA shall be implemented in accordance with HUD requirements.

4. a.
b.
e. Occupancy and payment

1. Payment for occupied unit
During the term of the HAP contract, the PHA shall make housing assistance payments to the owner for the months during which a contract unit is leased to and occupied by an eligible family. If an assisted family moves out of a contract unit, the owner may keep the housing assistance payment for the calendar month when the family moves out (“move-out month”). However, the owner may not keep the payment if the PHA determines that the vacancy is the owner’s fault.

2. Vacancy payment
Project-Based Voucher Program
HAP Contract for Existing Housing
Previous editions are obsolete
HUD 52530B Page - 3 of Part 1
(07/2019)
OMB Approval No. 2577-0169
(exp. 07/31/2022)
If an assisted family moves out of a contract unit, the PHA may provide vacancy payments to the owner for a PHA-determined vacancy period extending from the beginning of the first calendar month after the move-out month for a period not exceeding two full months following the move-out month.
a.
b. The vacancy payment to the owner for each month of the maximum two-month period will be determined by the PHA, and cannot exceed the monthly rent to owner under the assisted lease, minus any portion of the rental payment received by the owner (including amounts available from the tenant’s security deposit). Any vacancy payment may cover only the period the unit remains vacant.

The PHA may make vacancy payments to the owner only if:

The owner gives the PHA prompt, written notice certifying that the family has vacated the unit and the date when the family moved out (to the best of the owner’s knowledge
and belief);
c.

1. The owner certifies that the vacancy is not the fault of the owner and that the unit was vacant during the period for which payment is claimed;

2. 3. The owner certifies that it has taken every reasonable action to minimize the likelihood and length of vacancy; and
The owner provides any additional information required
and requested by the PHA to verify that the owner is
entitled to the vacancy payment.

4. d. The PHA must take every reasonable action to minimize the likelihood and length of vacancy.

The owner may refer families to the PHA and recommend
selection of such families from the PHA waiting list for occupancy of vacant units.
e.
f. The owner must submit a request for vacancy payments in the form and manner required by the PHA and must provide any information or substantiation required by the PHA to determine the Project-Based Voucher Program
HAP Contract for Existing Housing
Previous editions are obsolete
HUD 52530B Page - 4 of Part 1
(07/2019)
OMB Approval No. 2577-0169
(exp. 07/31/2022)
amount of any vacancy payments.

PHA is not responsible for family damage or debt to owner Except as provided in this paragraph e (Occupancy and Payment), the PHA will not make any other payment to the owner under the HAP contract. The PHA will not make any payment to the owner for any damages to the unit, or for any other amounts owed by a family under the family’s lease.

3. f. Income-mixing requirement
1 . Except as provided in paragraphs f.2 through f.5 below, the PHA will not make housing assistance payments under the HAP contract for more than the greater of 25 units or 25 percent of the total number of dwelling units (assisted or unassisted) in any project. The term “project” means a single building, multiple contiguous buildings, or multiple buildings on contiguous parcels of land assisted under this HAP contract.

The limitation in paragraph f.l does not apply to single-family buildings.

In referring eligible families to the owner for admission to the number of contract units in any project exceeding the 25 unit or 25 percent limitation under paragraph f.l, the PHA shall give preference to elderly families or to families eligible for supportive services, for the number of contract units designated for occupancy by such families. The owner shall rent the designated number of contract units to such families referred by the PHA from the PHA waiting list.

Up to the greater of 25 units or 40 percent of units (instead of the greater of 25 units or 25 percent of units) in a project may be project-based if the project is located in a census tract with a poverty rate of 20 percent or less.

Units that were previously subject to certain federal rent restrictions or receiving another type of long-term housing subsidy provided by HUD do not count toward the income-mixing requirement if, in the five years prior to issuance of the Request for Proposal or notice of owner selection (for projects selected based on a prior competition or without competition), the unit received one of the forms of HUD assistance or was under a federal rent restriction as described in f.6 and f.l, below.

2. 3.

4. 5.

6. The following specifies the number of contract units (if any) that received one of the following forms of HUD assistance (enter the number of Project-Based Voucher Program
HAP Contract for Existing Housing
Previous editions are obsolete
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contract units in front of the applicable form of assistance):

Public Housing or Operating Funds;
Project-Based Rental Assistance (including Mod Rehab and Mod Rehab Single-Room Occupancy);
Housing for the Elderly (Section 202 or the Housing Act of 1959); Housing for Persons with Disabilities (Section 811 of the Cranston-Gonzalez Affordable Housing Act);
Rent Supplement Program;
Rental Assistance Program;
Flexible Subsidy Program.

The following total number of contract units received a form of HUD assistance listed above:
units in the project received such assistance, you may skip sections g.7 and g.8, below.
. If all of the
The following specifies the number of contract units (if any) that were under any of the following federal rent restrictions (enter the number of contract units in front of the applicable type of federal rent restriction):

7. Section 236;
Section 221(d)(3) or (d)(4) BMIR (below-market interest rate); Housing for the Elderly (Section 202 or the Housing Act of 1959); Housing for Persons with Disabilities (Section 811 of the Cranston-Gonzalez Affordable Housing Act);
Flexible Subsidy Program.

The following total number of contract units were subject to a federal rent restriction listed above: _0
units in the project were subject to a federal rent restriction, you may skip section g.8, below.
. If all of the
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8. The following specifies the number of contract units (if any) designated for occupancy by elderly families or by families eligible for supportive services:

Place a check mark here if any contract units are designated for occupancy by elderly families; The following number of contract units shall be rented to elderly families:
a.
b. Place a check mark here
for occupancy by families eligible for supportive services. The following number of contract units shall be rented to families eligible for supportive services:
if any contract units are designated

9. The PHA and owner must comply with all HUD requirements regarding income mixing.

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EXECUTION OF HAP CONTRACT FOR EXISTING HOUSING

PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
City of Crescent City Housing Authority
By:

Signature oiauthorized representative
Megan A. Miller, Executive Director
Name and official title (Print)
01/19/2023
Date
OWNER
Name of Owner (Print)
SynergyValhalla
By:

Signature of authorized representative
Name and official title (Print)
Date
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LLC
OMB Approval No. 2577-0169
(exp. 07/31/2022)
ADDENDUM TO THE SECTION 8 PROJECT-BASED VOUCHER PROGRAM

HOUSING ASSISTANCE PAYMENTS CONTRACT-EXISTING HOUSING

FOR PROJECT-BASED CERTIFICATE CONVERSIONS

TO PROJECT-BASED VOUCHERS
Purpose: This addendum must only be used when an expiring project-based certificate (PBC) HAP contract is renewed or extended (hereinafter, renewed) under the project- based voucher (PBV) program pursuant to section 6904 of the Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, Pub. L. No. 110-28, as implemented in HUD regulations at 24 CFR §983.10.

Renewal Process: Upon the request of the owner, the PHA may, at its sole discretion, renew an expiring PBC contract under the PBV program for an initial renewal term of not less than one year and not more than twenty years, subject to the availability of sufficient appropriated funding. The PHA must determine, within one year before expiration of the PBC contract, that renewal of the contract under the PBV program is appropriate to continue providing affordable housing for low-income families. The renewal is effectuated by executing this addendum along with the PBV Existing Housing HAP Contract.

HUD Requirements: The owner must comply with all HUD requirements, as stated in the PBV Existing Housing HAP Contract. This addendum must be interpreted and implemented in accordance with all statutory requirements, and with all HUD requirements, including any amendments or changes in HUD requirements.

Renewal Rents: Initial and re-determined rents for a PBC contract renewed under the PBV program shall be established in accordance with HUD requirements, including 24 CFR part 983,subpart G—Rent to Owner.

Provisions Not Applicable to PBC Contracts Renewed Under the PBV Program:

The following regulatory provisions do not apply to PBC contracts renewed under the PBV program: 24 CFR §983.51 concerning owner proposal selection procedures, 24 CFR §983.56 concerning income-mixing requirements, and 24 CFR §983.57(b)(1) concerning site selection standards. Additionally, Section 8(o)(13)(C) of the 1937 Act- Consistency with PHA Plans and Other Goals, does not apply to PBC contracts renewed under the PBV program.

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EXECUTION OF THE PBC TO PBV ADDENDUM

PUBLIC HOUSING AGENCY (PHA)
Name of PHA (Print)
By:

Signature of authorized representative
Name and official title (Print)
Date
OWNER
Name of Owner (Print)
By:

Signature of authorized representative
Name and official title (Print)
Date
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U.S. Department of Housing and Urban Development
Office of Public and Indian Housing

MOVING TO WORK (MTW) RIDER TO THE HOUSING ASSISTANCE PAYMENT (HAP) CONTRACT FOR THE SECTION 8 TENANT-BASED ASSISTANCE HOUSING CHOICE VOUCHER PROGRAM (HCV) AND/OR THE SECTION 8 PROJECT-BASED VOUCHER (PBV) PROGRAM Pursuant to the Public Housing Agency’s (PHA) participation in the MTW demonstration, the PHA may establish Section 8 HCV or PBV policies or requirements that differ from statutory requirements for both programs contained in the U.S. Housing Act of 1937, the relevant regulatory requirements, and applicable Public and Indian Housing Notices. Where any particular provisions of this HAP Contract differ from or conflict with the MTW activities included in the PHA’s approved MTW Supplement to its PHA Plan, the provisions of the MTW Operations Notice and the approved MTW Supplement to the PHA Plan shall supersede any conflicting or differing HAP Contract language. Further, the MTW Activity authorized by the MTW Operations Notice shall govern the PHA’s administration of the program notwithstanding a conflicting or differing provision of the HAP Contact. This rider shall be in effect for the term of the HAP Contract or the term of the PHA’s participation in the MTW demonstration, whichever ends sooner.

OMB Approval No. 2577-0169
(exp. 07/31/2022)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
SECTION 8 PROJECT-BASED VOUCHER PROGRAM

HOUSING ASSISTANCE PAYMENTS CONTRACT

EXISTING HOUSING
PART 2 OF HAP CONTRACT
Public reporting burden for this collection of information is estimated to average 2 hours. This includes the time for collecting, reviewing and reporting the data. The information is being collected as required by 24 CFR 983.202, which requires the PHA to enter into a HAP contract with the owner to provide housing assistance payments for eligible families. This agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless that collection displays a valid OMB control number. Assurances of confidentiality are not provided under this collection.

Privacy Act Statement. HUD is committed to protecting the privacy of individuals’ information stored electronically or in paper form, in accordance with federal privacy laws, guidance, and best practices. HUD expects its third-party business partners, including Public Housing Authorities, who collect, use maintain, or disseminate HUD information to protect the privacy of that information in Accordance with applicable law.

2. DEFINITIONS
Contract units. The housing units covered by this HAP contract. The contract units are described in Exhibit A.

Controlling interest. In the context of PHA-owned units (see definition below), controlling interest means:
(a) Holding more than 50 percent of the stock of any corporation; or (b) Having the power to appoint more than 50 percent of the members of the board of directors of a non-stock corporation (such as a non-profit corporation); or (c) Where more than 50 percent of the members of the board of directors of any corporation also serve as directors, officers, or employees of the PHA; or (d) Holding more than 50 percent of all managing member interests in an LLC; or (e) Holding more than 50 percent of all general partner interests in a partnership; or
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(f) Having equivalent levels of control in other ownership structures.

Existing housing. Housing units that already exist on the proposal selection date and that substantially comply with the housing quality standards on that date. The units must fully comply with the housing quality standards before execution of the HAP contract.

Family. The persons approved by the PHA to reside in a contract unit with assistance under the program.

HAP contract. This housing assistance payments contract between the PHA and the owner. The contract consists of Part 1, Part 2, and the contract exhibits (listed in section l.c of the HAP contract).

Household. The family and any PHA-approved live-in aide.

Housing assistance payment. The monthly assistance payment by the PHA for a contract unit, which includes: (1) a payment to the owner for rent to the owner under the family’s lease minus the tenant rent; and (2) an additional payment to or on behalf of the family if the utility allowance exceeds total tenant payment.

Housing quality standards (HQS). The HUD minimum quality standards for dwelling units occupied by families receiving project-based voucher program assistance.

HUD. U.S. Department of Housing and Urban Development.

HUD requirements. HUD requirements which apply to the project-based voucher program. HUD requirements are issued by HUD headquarters, as regulations, Federal Register notices or other binding program directives.

Owner. Any person or entity who has the legal right to lease or sublease a unit to a participant.

Premises. The building or complex in which a contract unit is located, including common areas or grounds.

Principal or interested party. This term includes a management agent and other persons or entities participating in project management, and the officers and principal members, shareholders, investors, and other parties having a substantial interest in the HAP contract, or in any proceeds or benefits arising from the HAP contract.

Program. The project-based voucher program (see authorization for project- based assistance at 42 U.S.C. 1437f(o)(l 3)).

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PHA. Public Housing Agency. The agency that has entered into the HAP contract with the owner. The agency is a public housing agency as defined in the United States Housing Act of 1937 (42 U.S.C. 1437a(b)(6)).

PHA-owned units. A unit is “owned by a PHA” if the unit is in a project that is:
(a) Owned by the PHA (which includes a PHA having a “controlling interest” in the entity that owns the unit;see definition above);
(b) Owned by an entity wholly controlled by the PHA; or (c) Owned by a limited liability company (LLC) or limited partnership in which the PPIA (or an entity wholly controlled by the PHA) holds a controlling interest in the managing member or general partner.

Proposal selection date. The date the PHA gives written notice of proposal selection to the owner whose proposal is selected in accordance with the criteria established in the PHA’s administrative plan.

Rent to owner. The total monthly rent payable to the owner under the lease for a contract unit. Rent to owner includes payment for any housing services, maintenance and utilities to be provided by the owner in accordance with the lease.

Tenant. The person or persons (other than a live-in aide) who executes the lease as a lessee of the dwelling unit.

Tenant rent. The portion of the rent to owner payable by the family, as determined by the PHA in accordance with HUD requirements. The PHA is not responsible for paying any part of the tenant rent.

3. PURPOSE
a This is a HAP contract between the PHA and the owner. . b. The purpose of the HAP contract is to provide housing assistance payments for eligible families who lease contract units that comply with the HUD HQS from the owner.

The PHA must make housing assistance payments to the owner in accordance with the HAP contract for contract units leased and occupied by eligible families during the HAP contract term. HUD provides funds to the PHA to make housing assistance payments to owners for eligible families.
c.

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4. RENT TO OWNER; HOUSING ASSISTANCE PAYMENTS
a. Amount of initial rent to owner
The initial rent to owner for each contract unit is stated in Exhibit A, which is attached to and made a part of the HAP contract. At the beginning of the HAP contract term, and until rent to owner is adjusted in accordance with section 5 of the HAP contract, the rent to owner for each bedroom size (number of bedrooms) shall be the initial rent to owner amount listed in Exhibit A.

Place a check mark here * if the PHA has elected not to reduce rents below the initial rent to owner.
b. HUD rent requirements
Notwithstanding any other provision of the HAP contract, the rent to owner may in no event exceed the amount authorized in accordance with HUD requirements. The PHA has the right to reduce the rent to owner, at any time, to correct any errors in establishing or adjusting the rent to owner in accordance with HUD requirements. The PHA may recover any overpayment from the owner.
c. PHA payment to owner
Each month the PHA must make a housing assistance payment to the owner for a unit under lease to and occupied by an eligible family in accordance with the HAP contract.

1. The monthly housing assistance payment to the owner for a contract unit is equal to the amount by which the rent to owner exceeds the tenant rent.

2. Payment of the tenant rent is the responsibility of the family. The PHA is not responsible for paying any part of the tenant rent, or for paying any other claim by the owner against a family. The PHA is responsible only for making housing assistance payments to the owner on behalf of a family in accordance with the HAP contract.

The owner will be paid the housing assistance payment under the HAP contract on or about the first day of the month for which payment is due, unless the owner and the PHA agree on a later date.

3. 4.

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To receive housing assistance payments in accordance with the HAP contract, the owner must comply with all the provisions of the HAP contract. Unless the owner complies with all the provisions of the HAP contract, the owner does not have a right to receive housing assistance payments.

5. If the PHA determines that the owner is not entitled to the payment or any part of it, the PHA, in addition to other remedies, may deduct the amount of the overpayment from any amounts due the owner, including amounts due under any other housing assistance payments contract.

6. 7. The owner will notify the PHA promptly of any change of circumstances that would affect the amount of the monthly housing assistance payment, and will return any payment that does not conform to the changed circumstances.
d. Termination of assistance for family
The PHA may terminate housing assistance for a family under the HAP contract in accordance with HUD requirements. The PHA must notify the owner in writing of its decision to terminate housing assistance for the family in such case.

5. ADJUSTMENT OF RENT TO OWNER
a. PHA determination of adjusted rent

1. At each annual anniversary during the term of the HAP contract, the PHA shall adjust the amount of rent to owner, upon request to the PHA by the owner, in accordance with law and HUD
requirements. In addition, the PHA shall adjust the rent to owner when there is a ten percent decrease in the published, applicable Fair Market Rent in accordance with 24 CFR 983.302. However, if the PHA has elected within the HAP contract not to reduce rents below the initial rent to owner, the rent to owner shall not be reduced below the initial rent to owner except in those cases described in 24 CFR 983.302(c)(2).

The adjustment of rent to owner shall always be determined in accordance with all HUD requirements. The amount of the rent to owner may be adjusted up or down, in the amount defined by the PHA in accordance with HUD requirements.

2. Project-Based Voucher Program
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b. Reasonable rent
The rent to owner for each contract unit, as adjusted by the PHA in accordance with 24 CFR 983.303, may at no time exceed the reasonable rent charged for comparable units in the private unassisted market, except in cases where the PHA has elected within the HAP contract not to reduce rents below the initial rent to owner. The reasonable rent shall be determined by the PHA in accordance with HUD requirements. c. No special adjustments
The PHA will not make any special adjustments of the rent to owner. d. Owner compliance with HAP contract
The PHA shall not approve, and the owner shall not receive, any increase of rent to owner unless all contract units are in accordance with the HQS, and the owner has complied with the terms of the assisted leases and the HAP contract.
e. Notice of rent adjustment
Rent to owner shall be adjusted by written notice by the PHA to the owner in accordance with this section. Such notice constitutes an amendment of the rents specified in Exhibit A.

6. OWNER RESPONSIBILITY
The owner is responsible for:
a. Performing all management and rental functions for the contract units. b. Maintaining the units in accordance with HQS.
c. Complying with equal opportunity requirements.
d. Enforcing tenant obligations under the lease.

Paying for utilities and housing services (unless paid by the family under the lease).
e.
f. Collecting from the tenant:

1. Any security deposit;
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2. The tenant rent; and

3. Any charge for unit damage by the family.

7. OWNER CERTIFICATION
The owner certifies that at all times during the term of the HAP contract:

All contract units are in good and tenantable condition. The owner is maintaining the premises and all contract units in accordance with the HQS.
a.
b. The owner is providing all the services, maintenance and utilities as agreed to under the HAP contract and the leases with assisted families.

Each contract unit for which the owner is receiving housing assistance payments is leased to an eligible family referred by the PHA, and the lease is in accordance with the HAP contract and HUD requirements.

To the best of the owner’s knowledge, the members of the family reside in each contract unit for which the owner is receiving housing assistance payments, and the unit is the family’s only residence.

The owner (including a principal or other interested party) is not the parent, child, grandparent, grandchild, sister, or brother of any member of a family residing in a contract unit unless the PHA has determined that approving leasing of the unit would provide a reasonable accommodation for a family member who is a person with disabilities.

The amount of the housing assistance payment is the correct amount due under the HAP contract.
c.
d.
e.
f.

The rent to owner for each contract unit does not exceed rents charged by the owner for other comparable unassisted units.

Except for the housing assistance payment and the tenant rent as provided under the HAP contract, the owner has not received and will not receive any payments or other consideration (from the family, the PHA, HUD, or any other public or private source) for rental of the contract unit.

The family does not own, or have any interest in the contract unit. If the owner is a cooperative, the family may be a member of the cooperative. gh.

I .

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8. CONDITION OF UNITS
a. Owner maintenance and operation
The owner must maintain and operate the contract units and premises to provide decent,safe and sanitary housing in accordance with the HQS, including performance of ordinary and extraordinary maintenance. The owner must provide all the services, maintenance and utilities set forth in Exhibits B and C, and in the lease with each assisted family.

PHA inspections
The PHA must inspect each contract unit before execution of the HAP contract. The PHA may not enter into a HAP contract covering a unit until the unit fully complies with the HQS.

Before providing assistance to a new family in a contract unit, the PHA must inspect the unit. The PHA may not provide assistance on behalf of the family until the unit fully complies with the HQS.

At least biennially during the term of the HAP contract, the PHA must inspect a random sample, consisting of at least 20 percent of the contract units in each building, to determine if the contract units and the premises are maintained in accordance with the HQS. Turnover inspections pursuant to paragraph 2 of this section are not counted toward meeting this biennial inspection requirement.

If more than 20 percent of the sample of inspected contract units in a building fail the initial inspection, the PHA must reinspect 100 percent of the contract units in the building.
b.

1. 2.

3. 4.

The PHA must inspect contract units whenever needed to
determine that the contract units comply with the HQS and that the owner is providing maintenance, utilities, and other services in accordance with the HAP contract. The PHA must take into account complaints and any other information that comes to its attention in scheduling inspections.

5. c. Violation of the housing quality standards

1. If the PHA determines a contract unit is not in accordance with the HQS, the PHA may exercise any of its remedies under the HAP contract for all or any contract units. Such remedies include Project-Based Voucher Program
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termination, suspension or reduction of housing assistance payments, and termination of the HAP contract.

The PHA may exercise any such contractual remedy respecting a contract unit even if the family continues to occupy the unit.

The PHA shall not make any housing assistance for a dwelling unit that fails to meet the HQS, unless the owner corrects the defect within the period specified by the PHA and the PHA verifies the correction. If a defect is life threatening, the owner must correct the defect within no more than 24 hours. For other defects, the owner must correct the defect within no more than 30 calendar days (or any PHA-approved extension).

Maintenance and replacement—owner’s standard practice
Maintenance and replacement (including redecoration) must be in accordance with the standard practice for the building concerned as established by the owner.

2. 3.
d.

9. LEASING CONTRACT UNITS
a. Selection of tenants

1. During the term of the HAP contract, the owner must lease all contract units to eligible families selected and referred by the PHA from the PHA waiting list. (See 24 CFR 983.251.)

2. The owner is responsible for adopting written tenant selection procedures that are consistent with the purpose of improving housing opportunities for very low-income families and reasonably related to program eligibility and an applicant’s ability to perform the lease obligations.

Consistent with HUD requirements and Federal civil rights and fair housing requirements, the owner may apply its own
nondiscriminatory admission procedures in determining whether to admit a family referred by the PHA for occupancy of a contract unit. The owner may refer families to the PHA, and recommend selection of such families from the PHA waiting list for occupancy of vacant units.

3. 4. The owner must promptly notify in writing any rejected applicant of the grounds for rejection.

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The PHA must determine family eligibility in accordance with HUD requirements.

5. 6. The contract unit leased to each family must be appropriate for the size of the family under the PHA’s subsidy standards.

If a contract unit was occupied by an eligible family at the time the unit was selected by the PHA, or is so occupied on the effective date of the HAP contract, the owner must offer the family the opportunity to lease the same or another appropriately-sized contract unit with assistance under the HAP contract.

7. 8. The owner is responsible for screening and selecting tenants from the families referred by the PHA from its waiting list. b. Vacancies

1. The owner must promptly notify the PHA of any vacancy in a contract unit. After receiving the owner notice, the PHA shall make every reasonable effort to refer a sufficient number of families for owner to fill the vacancy.

The owner must rent vacant contract units to eligible families on the PHA waiting list referred by the PHA.

2. The PHA and the owner must make reasonable, good faith efforts to minimize the likelihood and length of any vacancy.

If any contract units have been vacant for a period of 120 or more days since owner notice of vacancy (and notwithstanding the reasonable, good faith efforts of the PHA to fill such vacancies), the PHA may give notice to the owner amending the HAP contract to reduce the number of contract units by subtracting the number of contract units (by number of bedrooms) that have been vacant for such period.

3. 4.

10. TENANCY
a. Lease
The lease between the owner and each assisted family must be in accordance with HUD requirements. In all cases, the lease must include the HUD-required tenancy addendum. The tenancy addendum must include, word-for-word, all provisions required by HUD.

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b. Termination of tenancy
The owner may terminate a tenancy only in accordance with the lease and HUD requirements.

1. 2. The owner must give the PHA a copy of any owner eviction notice to the tenant at the same time that the owner gives notice to the tenant. Owner eviction notice means a notice to vacate, or a complaint or other initial pleading used to commence an eviction action under State or local law.
c. Family payment
The portion of the monthly rent to owner payable by the family (“tenant rent”) will be determined by the PHA in accordance with HUD requirements. The amount of the tenant rent is subject to change during the term of the HAP contract. Any changes in the amount of the tenant rent will be effective on the date stated in a notice by the PHA to the family and the owner.

1. 2. The amount of the tenant rent as determined by the PHA is the maximum amount the owner may charge the family for rent of a contract unit, including all housing services, maintenance and utilities to be provided by the owner in accordance with the HAP contract and the lease.

3. The owner may not demand or accept any rent payment from the tenant in excess of the tenant rent as determined by the PHA. The owner must immediately return any excess rent payment to the tenant.

The family is not responsible for payment of the portion of the contract rent covered by the housing assistance payment under the HAP contract. The owner may not terminate the tenancy of an assisted family for nonpayment of the PHA housing assistance payment.

4. 5. The PHA is responsible only for making the housing assistance payments to the owner on behalf of the family in accordance with the HAP contract. The PHA is not responsible for paying the tenant rent, or any other claim by the owner.

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d. Other owner charges
Except as provided in paragraph 2, the owner may not require the tenant or family members to pay charges for meals orsupportive services. Nonpayment of such charges is not grounds for termination of tenancy.

In assisted living developments receiving project-based voucher assistance, owners may charge tenants, family members, or both for meals or supportive services. These charges may not be included in the rent to owner, nor may the value of meals and supportive services be included in the calculation of reasonable rent. Non-payment of such charges is grounds for termination of the lease by the owner in an assisted living development.

The owner may not charge the tenant or family members extra amounts for items customarily included in rent in the locality or provided at no additional cost to the unsubsidized tenant in the premises.

1. 2.

3. Security deposit
The owner may collect a security deposit from the family.

The owner must comply with HUD and PHA requirements, which may change from time to time, regarding security deposits from a tenant.
e.

1. 2.

3. The PHA may prohibit security deposits in excess of private market practice, or in excess of amounts charged by the owner to unassisted families.

4. When the family moves out of the contract unit, the owner, subject to State and local law, may use the security deposit, including any interest on the deposit, in accordance with the lease, as reimbursement for any unpaid tenant rent, damages to the unit or other amounts which the family owes under the lease. The owner must give the family a written list of all items charged against the security deposit and the amount of each item. After deducting the amount used as reimbursement to the owner, the owner must promptly refund the full amount of the balance to the family.

If the security deposit is not sufficient to cover amounts the family owes under the lease, the owner may seek to collect the balance

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from the family. However, the PHA has no liability or
responsibility for payment of any amount owed by the family to the owner.

11. FAMILY RIGHT TO MOVE
The family may terminate its lease at any time after the first year of occupancy. The family must give the owner advance written notice of intent to vacate (with a copy to the PHA) in accordance with the lease. If the family has elected to terminate the lease in this manner, the PHA must offer the family the opportunity for tenant-based rental assistance in accordance with HUD requirements.

Before providing notice to terminate the lease under paragraph a, the family must first contact the PHA to request tenant-based rental assistance if the family wishes to move with continued assistance. If tenant-based rental assistance is not immediately available upon lease termination, the PHA shall give the family priority to receive the next available opportunity for tenant-based rental assistance.
a.
b.

12. OVERCROWDED, UNDER-OCCUPIED. AND ACCESSIBLE UNITS
The PHA subsidy standards determine the appropriate unit size for the family size and composition. The PHA and owner must comply with the requirements in 24 CFR 983.260. If the PHA determines that a family is occupying a wrong-size unit, or a unit with accessibility features that the family does not require, and the unit is needed by a family that requires the accessibility features, the PHA must promptly notify the family and the owner of this determination, and of the PHA’s offer of continued assistance in another unit. 24 CFR 983.260(a).

13. PROHIBITION OF DISCRIMINATION
The owner may not refuse to lease contract units to, or otherwise discriminate against any person or family in leasing of a contract unit, because of race, color, religion, sex, national origin, disability, age or familial status.
a.
b. The owner must comply with the following requirements: The Fair Housing Act (42 U.S.C. 3601-19) and implementing regulations at 24 CFR part 100 et seq.; Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652 and 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing Programs) and implementing regulations at 24 CFR part 107; title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4) (Nondiscrimination in Federally Assisted Project-Based Voucher Program
HAP Contract for Existing Housing
Previous editions are obsolete
HUD 52530B Page - 13 of Part 2
(07/2019)
OMB Approval No. 2577-0169
(exp. 07/31/2022)
Programs) and implementing regulations at 24 CFR part 1; the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) and implementing regulations at 24 CFR part 146; section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at part 8 of this title; title II of the Americans with Disabilities Act, 42 U.S.C. 12101 etseq. ; 24 CFR part 8; section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and implementing regulations at 24 CFR part 135; Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086, and 12107 (3 CFR, 1964-1965 Comp., p. 339; 3 CFR, 1966-1970 Comp., p. 684; 3 CFR, 1966-1970 Comp., p. 803; 3 CFR, 1978 Comp., p. 230; and 3 CFR, 1978 Comp., p. 264, respectively) (Equal Employment Opportunity Programs) and implementing regulations at 41 CFR chapter 60; Executive Order 11625, as amended by Executive Order 12007 (3 CFR, 1971-1975 Comp., p. 616 and 3 CFR, 1977 Comp., p. 139) (Minority Business Enterprises); Executive Order 12432 (3 CFR, 1983 Comp., p. 198) (Minority Business Enterprise Development); and Executive Order 12138, as amended by Executive Order 12608 (3 CFR, 1977 Comp., p. 393 and 3 CFR, 1987 Comp., p. 245) (Women’s Business Enterprise).

The owner must comply with EfUD’s Equal Access to HUD-assisted or - insured housing rule (24 CFR 5.105(a)(2)).

The owner must comply with the Violence Against Women Act, as amended, and HUD’s implementing regulation at 24 CFR part 5, Subpart L, and program regulations.

The PHA and the owner must cooperate with HUD in the conducting of compliance reviews and complaint investigations pursuant to all applicable civil rightsstatutes, Executive Orders, and all related mles and regulations.
c.
d.
e.

14. PHA DEFAULT AND HUD REMEDIES
If HUD determines that the PHA has failed to comply with the HAP contract, or has failed to take appropriate action to HUD’s satisfaction or as directed by HUD, for enforcement of the PHA’s rights under the HAP contract, HUD may assume the PHA’s rights and obligations under the HAP contract, and may perform the obligations and enforce the rights of the PHA under the HAP contract.

Project-Based Voucher Program
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HUD 52530B Page - 14 of Part 2
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15. OWNER DEFAULT AND PHA REMEDIES
a. Owner default
Any of the following is a default by the owner under the HAP contract:

1. The owner has failed to comply with any obligation under the HAP contract, including the owner’s obligations to maintain all contract units in accordance with the housing quality standards.

The owner has violated any obligation under any other housing assistance payments contract under Section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f).

2. 3. The owner has committed any fraud or made any false statement to the PHA or HUD in connection with the HAP contract.

4. The owner has committed fraud, bribery or any other corrupt or criminal act in connection with any Federal housing assistance program.

If the property where the contract units are located is subject to a lien or security interest securing a HUD loan or a mortgage insured by HUD and:

5. The owner has failed to comply with the regulations for the applicable mortgage insurance or loan program, with the mortgage or mortgage note, or with the regulatory
agreement; or
The owner has committed fraud, bribery or any other
corrupt or criminal act in connection with the HUD loan or HUD-insured mortgage.

The owner has engaged in any drug-related criminal activity or any violent criminal activity.
a.
b.

6. b. PHA remedies
If the PHA determines that a breach has occurred, the PHA may exercise any of its rights or remedies under the HAP contract.

The PHA must notify the owner in writing of such determination. The notice by the PHA to the owner may require the owner to take corrective action (as verified by the PHA) by a time prescribed in

1. 2.

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the notice.

The PHA’s rights and remedies under the HAP contract include recovery of overpayments, termination or reduction of housing assistance payments, and termination of the HAP contract.

3. c. PHA remedy is not waived
The PHA’s exercise or non-exercise of any remedy for owner breach of the HAP contract is not a waiver of the right to exercise that remedy or any other right or remedy at any time.

16. OWNER DUTY TO PROVIDE INFORMATION AND ACCESS

REQUIRED BY HUD OR PHA
a. Required information
The owner must prepare and furnish any information pertinent to the HAP contract as may reasonably be required from time to time by the PHA or HUD. The owner shall furnish such information in the form and manner required by the PHA or HUD.
b. PHA and HUD access to premises
The owner must permit the PHA or HUD or any of their authorized representatives to have access to the premises during normal business hours and, for the purpose of audit and examination, to have access to any books, documents, papers and records of the owner to the extent necessary to determine compliance with the HAP contract, including the verification of information pertinent to the housing assistance payments or the HAP contract.

17. PHA AND OWNER RELATION TO THIRD PARTIES
a. Injury because of owner action or failure to act
The PHA has no responsibility for or liability to any person injured as a result of the owner’s action or failure to act in connection with the implementation of the HAP contract, or as a result of any other action or failure to act by the owner.
b. Legal relationship
The owner is not the agent of the PHA. The HAP contract does not create or affect any relationship between the PHA and any lender to the owner or Project-Based Voucher Program
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any suppliers, employees, contractors or subcontractors used by the owner in connection with the implementation of the HAP contract. c. Exclusion of third-party claims
Nothing in the HAP contract shall be construed as creating any right of a family or other third party (other than HUD) to enforce any provision of the HAP contract, or to assert any claim against HUD, the PHA or the owner under the HAP contract.
d. Exclusion of owner claims against HUD
Nothing in the HAP contract shall be construed as creating any right of the owner to assert any claim against HUD.

18. PHA-OWNED UNITS
Notwithstanding Section 17 of this HAP contract, a PHA may own units assisted under the project-based voucher program, subject to the special requirements in 24 CFR 983.59 regarding PHA-owned units.

19. CONFLICT OF INTEREST
Interest of members, officers, or employees of PHA, members of local governing body, or other public officials
a.

1. No present or former member or officer of the PHA (except tenant- commissioners), no employee of the PHA who formulates policy or influences decisions with respect to the housing choice voucher program or project-based voucher program, and no public official or member of a governing body or State or local legislator who exercises functions or responsibilities with respect to these programs, shall have any direct or indirect interest, during his or her tenure or for one year thereafter, or in the HAP contract.

2. HUD may waive this provision for good cause.
b. Disclosure
The owner has disclosed to the PHA any interest that would be a violation of the HAP contract. The owner must fully and promptly update such disclosures.

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(exp. 07/31/2022)
c. Interest of member of or delegate to Congress
No member of or delegate to the Congress of the United States of America or resident-commissioner shall be admitted to any share or part of this HAP Contract or to any benefits arising from the contract.

20. EXCLUSION FROM FEDERAL PROGRAMS
a. Federal requirements
The owner must comply with and is subject to requirements of 2 CFR part 2424.
b. Disclosure
The owner certifies that:

The owner has disclosed to the PHA the identity of the owner and any principal or interested party. 1.

2. Neither the owner nor any principal or interested party is listed on the U.S. General Services Administration list of parties excluded from Federal procurement and non-procurement programs; and none of such parties are debarred, suspended, subject to a limited denial of participation or otherwise excluded under 2 CFR part 2424.

21. TRANSFER OF THE CONTRACT OR PROPERTY
a. When consent is required
The owner agrees that neither the HAP contract nor the property may he transferred without the advance written consent of the PHA in accordance with HUD requirements.

1. 2. “Transfer” includes:

Any sale or assignment or other transfer of ownership, in any form, of the HAP contract or the property;
The transfer of any right to receive housing assistance payments that may be payable pursuant to the HAP
contract;
l.
li.

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The creation of a security interest in the HAP contract or the property;
in.

IV. Foreclosure or other execution on a security interest; or v. A creditor’s lien, or transfer in bankruptcy.

If the owner is a corporation, partnership, trust or joint venture, the owner is not required to obtain advance consent of the PHA pursuant to paragraph a for transfer of a passive and non- controlling interest in the ownership entity (such as a stock transfer or transfer of the interest of a limited partner), if any interests so transferred cumulatively represent less than half the beneficial interest in the HAP contract or the property. The owner must obtain advance consent pursuant to paragraph a for transfer of any interest of a general partner.

3. b. Transferee assumption of HAP contract
No transferee (including the holder of a security interest, the security holder’s transferee or successor in interest, or the transferee upon exercise of a security interest) shall have any right to receive any payment of housing assistance payments pursuant to the HAP contract, or to exercise any rights or remedies under the HAP contract, unless the PHA has consented in advance, in writing to such transfer, and the transferee has agreed in writing, in a form acceptable to the PHA in accordance with HUD requirements, to assume the obligations of the owner under the HAP contract, and to comply with all the terms of the HAP contract. c. Effect of consent to transfer
The creation or transfer of any security interest in the HAP contract is limited to amounts payable under the HAP contract in accordance with the terms of the HAP contract.

1. 2. The PHA’s consent to transfer of the HAP contract or the property does not to change the terms of the HAP contract in any way, and does not change the rights or obligations of the PHA or the owner under the HAP contract.

The PHA’s consent to transfer of the HAP contract or the property to any transferee does not constitute consent to any further transfers of the HAP contract or the property, including further transfers to any successors or assigns of an approved transferee.

3. Project-Based Voucher Program
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d. When transfer is prohibited
The PHA will not consent to the transfer if any transferee, or any principal or interested party is debarred, suspended subject to a limited denial of participation, or otherwise excluded under 2 CFR part 2424, or is listed on the U.S. General Services Administration list of parties excluded from Federal procurement or non-procurement programs.

22. SUBSIDY LAYERING
A subsidy layering review is not required for existing housing projects.

23. OWNER LOBBYING CERTIFICATIONS
The owner certifies, to the best of owner’s knowledge and belief, that:

No Federally appropriated funds have been paid or will be paid, by or on behalf of the owner, 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 the awarding of the HAP contract, or the extension, continuation, renewal, amendment, or modification of the HAP contract. a.

1. If any funds other than Federally 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 the HAP contract, the owner must complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

This certification by the owner is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.

2. b.

24. TERMINATION OF HAP CONTRACT FOR WRONGFUL SELECTION

OF CONTRACT UNITS
The HAP contract may be terminated upon at least 30 days notice to the owner by the PHA or HUD if the PHA or HUD determines that the contract units were not eligible for selection in conformity with HUD requirements.

25. NOTICES AND OWNER CERTIFICATIONS
a. Where the owner is required to give any notice to the PHA pursuant to the Project-Based Voucher Program
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(exp. 07/31/2022)
HAP contract or any other provision of law, such notice must be in writing and must be given in the form and manner required by the PHA.

Any certification or warranty by the owner pursuant to the HAP contract shall be deemed a material representation of fact upon which reliance was placed when this transaction was made or entered into.
b.

26. NOTICE OF TERMINATION OR EXPIRATION WITHOUT

EXTENSION
An owner must provide notice to the PHA, and to the affected tenants, not less than 1 year prior to the termination or expiration without extension of a HAP contract.
a.
b. An owner who fails to provide such notice must permit tenants to remain in their units for the required notice period with no increase in the tenant portion of the rent. During this time period, an owner may not evict a tenant as a result of the owner’s inability to collect an increased tenant portion of rent. With PHA agreement, an owner may extend the terminating contract for a period of time sufficient to give tenants 1 year advance notice.

27. FAMILY’S RIGHT TO REMAIN
Upon termination or expiration of the contract without extension, each family assisted under the contract may elect to use its assistance to remain in the project if the family’s unit complies with the inspection requirements under section 8(o)(8) (42 U.S.C. 1437f(o)(8) of the U.S. Housing Act of 1937 (“the 1937 Act”)), the rent for the unit is reasonable as required by section 8(o)(10)(A) of the 1937 Act, and the family pays its required share of the rent and the amount, if any, by which the unit rent (including the amount allowed for tenant-paid utilities) exceeds the applicable payment standard.

28. ENTIRE AGREEMENT:INTERPRETATION
The HAP contract, including the exhibits, is the entire agreement between the PHA and the owner.
a.
b. The HAP contract must be interpreted and implemented in accordance with all statutory requirements, and with all HUD requirements, including amendments or changes in HUD requirements during the term of the HAP contract. The owner agrees to comply with all such laws and HUD requirements. Any regulatory citation specifically included in this HAP contract is subject to any subsequent revision of such citation.

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U.S. Department of Housing and Urban Development
Office of Public and Indian Housing

MOVING TO WORK (MTW) RIDER TO THE HOUSING ASSISTANCE PAYMENT (HAP) CONTRACT FOR THE SECTION 8 TENANT-BASED ASSISTANCE HOUSING CHOICE VOUCHER PROGRAM (HCV) AND/OR THE SECTION 8 PROJECT-BASED VOUCHER (PBV) PROGRAM Pursuant to the Public Housing Agency’s(PHA) participation in the MTW demonstration, the PHA may establish Section 8 HCV or PBV policies or requirements that differ from statutory requirements for both programs contained in the U.S. Housing Act of 1937, the relevant regulatory requirements, and applicable Public and Indian Housing Notices. Where any particular provisions of this HAP Contract differ from or conflict with the MTW activities included in the PHA’s approved MTW Supplement to its PHA Plan, the provisions of the MTW Operations Notice and the approved MTW Supplement to the PHA Plan shall supersede any conflicting or differing HAP Contract language. Further, the MTW Activity authorized by the MTW Operations Notice shall govern the PHA’s administration of the program notwithstanding a conflicting or differing provision of the HAP Contact. This rider shall be in effect for the term of the HAP Contract or the term of the PHA’s participation in the MTW demonstration, whichever ends sooner.

EXHIBIT A
(a) Number of units in project to be covered by this HAP contract: 25 2-bedroom, 1.5-bath units (b) Valhalla Pacific, 911Pacific,Crescent City CA 95531, located in the County of Del Norte (c) Units in the project to be covered by this HAP contract:
1 2 3 4 6
7 8 9 11 13
14 15 16 19 26
29 31 33 34 36
37 39 40 42 43

EXHIBIT B
Services, maintenance, and equipment to be supplied by the owner without charges in addition to rent to owner
(a) On-site property management
(b) Building maintenance
(c) Appliances: refrigerator, stove/oven; equipment: operable smoke detectors within 15 feet of each sleeping room/area

EXHIBIT C
Utilities
(a) Owner paid utilities: water, sewer, garbage
(b) Tenant paid utilities: electricity

EXHIBIT D
The property does not have any features that comply with Section 504 of the Rehabilitation Act of 1973.

SUCCESSOR AGENCY AGENDA REPORT
TO: SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY

OF THE CITY OF CRESCENT CITY
FROM: LINDA LEAVER, CITY OF CRESCENT CITY FINANCE DIRECTOR DATE: DECEMBER 18, 2023
SUBJECT: RECOGNIZED OBLIGATION PAYMENT SCHEDULE PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(l) FOR THE PERIOD
JULY 1, 2024 THROUGH JUNE 30, 2025

RECOMMENDATION
• Approveand adopt Resolution SA2023-02, A RESOLUTION OF THE

SUCCESSOR AGENCY TO THE DISSOLVED REDEVELOPMENT AGENCY

OF THE CITY OF CRESCENT CITY APPROVING A RECOGNIZED
OBLIGATION PAYMENT SCHEDULE (ROPS) FOR THE PERIOD JULY 1, 2024 THROUGH JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(L) AND (M)
• Direct staff to (1) update ROPS 2024-2025 with updated 2023-2024 actual results if necessary and (2) submit to the Oversight Board for approval

BACKGROUND
Pursuant to Health and Safety Code Section 34172, the Redevelopment Agency of the City of Crescent City (“Agency”) was dissolved as of February 1, 2012. The City of Crescent City (“RDA Successor Agency”) is the successor agency of the former Redevelopment Agency, and pursuant to Health and Safety Code Section 34173(g), the RDA Successor Agency is a separate legal entity from the City.

The Oversight Board is responsible for approving the actions of the RDA Successor Agency pursuant to Health and Safety Code Section 34179, including the Recognized Obligation Payment Schedule (“ROPS”).

One of the responsibilities of the Successor Agency is to prepare a ROPS, which sets forth the nature, amount, and source(s) of payment of all “enforceable obligations” of the Agency (as defined by law) to be paid by the Successor Agency. This report is for the fiscal period July 1, 2024 through June 30, 2025.

This ROPS, once approved by the Successor Agency, must be submitted to the Oversight Board for approval. The Oversight Board is scheduled to meet January 17, 2024. The Successor Agency Staff Report
ROPS 24-25
December 18, 2023
2 approved ROPS is required to be submitted to the Department of Finance, California State Controller, and County Auditor-Controller by February 1, 2024.

ANALYSIS
Attached is the ROPS for the period July 1, 2024 through June 30, 2025. It is organized into the following sections:

Recognized Obligation Payment Schedule (ROPS 24-25) – Summary and Detail This report shows the estimated amounts to be expended and the funding source for those amounts. The Successor Agency has two potential sources of funding to make payments on recognized obligations and to cover administrative costs:
• Existing assets / fund balance
• Redevelopment Property Tax Trust Fund (RPTTF)
Of these amounts, the Successor Agency is required to use its assets first and then may apply for RPTTF to cover any shortfall to make approved payments toward recognized obligations. RPTTF is collected by the County and distributed to taxing entities pursuant to Health and Safety Code Section 34183. The remaining amount (called the residual) is potentially available to fund Successor Agency obligations. However, the Successor Agency may only request up to 50% of the difference between the projected residual and the actual residual from the base year 2012-13.

The ROPS 24-25 is based on the prior year actual amounts and a projection for the current year. Due to the timing of when actual current year results will be available, the meeting schedules of the Successor Agency and the Oversight Board, and when the ROPS must be submitted to the State, the proposed ROPS 24-25 attached is an estimate.

If the actual current year amounts differ from the projection, the ROPS must be adjusted.

If City staff is able to update the ROPS 24-25 with actual results for the current year (dependant on timing of receiving updated information from Del Norte County) prior to the Oversight Board meeting, the Oversight Board will approve the updated ROPS. If the actual current year results are not available, the Oversight Board will be asked to approve the ROPS as attached here. In either case, the State will make the final determination of the amount available to pay the Successor Agency’s obligations, and the Successor Agency will not be required to take any additional action.

The proposed ROPS estimates $73,426 to make recognized obligation payments plus $5,000 for administrative costs. The ROPS 24-25 amount is requested to be funded from RPTTF and will be paid toward the Water Fund loan.

The total amount to be repaid each year will depend on the RPTTF residual, which fluctuates from year to year. For FY 2023-24, the amount is estimated at $73,426, Successor Agency Staff Report
ROPS 24-25
December 18, 2023
3 although this may be adjusted. Current estimates for the payoff of this final loan show the last payment in FY 2029-30, although this could change depending on actual RPTTF amounts available each year.

Also under AB 1484, 20% of the Water Fund loan repayment must be paid into the Successor Housing Fund for affordable housing. Therefore, of the proposed $73,426 payment on the Water Fund loan, $14,685 would go to the Successor Housing Fund and $58,741 would go to the Water Fund. In order to address what would have otherwise been a loss to the Water Fund, the City Council approved payment in FY 2021-22 from the General Fund to the Water Fund to cover the full 20% it would have lost.

Cash Balance Report
The Report of Cash Balances tracks Successor Agency cash flow and ending balances across several ROPS periods. This form provides transparency over the continual estimation and tax distribution true-up processes embedded in the State dissolution law.

FISCAL IMPACT
The ROPS 24-25 financial report would authorize the Successor Agency to request $78,426 from RPTTF funds for a total loan payment of $73,426 plus $5,000 in administrative costs. This is in accordance with the purpose of the Successor Agency, which is to wind down the affairs of the former Redevelopment Agency and pay its enforceable obligations.

Due to the timing of when final RPTTF information is available compared to the deadline for ROPS submission, the amounts provided are based on estimates only. If necessary, the DOF will make adjustments to the ROPS when final RPTTF amounts are known.

ATTACHMENTS
• Resolution No. SA2023-02
• ROPS 24-25
SUCCESSOR AGENCY RESOLUTION NO. SA2023-02 Page 1
RESOLUTION NO. SA2023-02

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE DISSOLVED

REDEVELOPMENT AGENCY OF THE CITY OF CRESCENT CITY,

APPROVING AND ADOPTING A RECOGNIZED OBLIGATION PAYMENT
SCHEDULE COVERING THE PERIOD JULY 1, 2024 THROUGH JUNE 30, 2025, PURSUANT TO HEALTH AND SAFETY CODE SECTION 34177(l) AND (m)
WHEREAS, pursuant to Health and Safety Code Section 34173(d), the City of Crescent City elected to become the successor agency to the Redevelopment Agency of the City of Crescent City (“Successor Agency”) by Resolution No. 2012-03 on January 17, 2012; and
WHEREAS, pursuant to Health and Safety Code Section 34173(g), the Successor Agency is now a separate legal entity from the City; and WHEREAS, Health and Safety Code Section 34177(l) requires the Successor Agency to prepare a recognized obligation payment schedule (“ROPS”) before each fiscal year; and
WHEREAS, Health and Safety Code Section 34177(l)(2) requires the Successor Agency to submit the ROPS to the Successor Agency’s oversight board for its approval, and upon such approval, the Successor Agency is required to submit a copy of the approved ROPS (“Approved ROPS”) to the Del Norte County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and post the Approved ROPS on the Successor Agency’s website; and WHEREAS, Health and Safety Code Section 34177(m) requires that the Approved ROPS for the period July 1, 2024 through June 30, 2025 (“ROPS 24-25”) is required to be submitted to the Department of Finance, California State Controller and the County Auditor-Controller by February 1, 2024; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE FORMER

REDEVELOPMENT AGENCY OF THE CITY OF CRESCENT CITY DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. CEQA Compliance. The approval of the ROPS 24-25 through this Resolution does not commit the Successor Agency to any action that may have a SUCCESSOR AGENCY RESOLUTION NO. SA2023-02 Page 2
significant effect on the environment. As a result, such action does not constitute a project subject to the requirements of the California Environmental Quality Act. The City Clerk is authorized and directed to file a Notice of Exemption with the appropriate official of the County of Del Norte, California, within five (5) days following the date of adoption of this Resolution.

Section 3. Approval of ROPS. The Successor Agency hereby approves and adopts the ROPS 24-25, covering the period July 1, 2024 through June 30, 2025, in substantially the form attached to this Resolution as Exhibit A, as required by Health and Safety Code Section 34177. Staff is also directed to update the ROPS amounts prior to the Oversight Board approval if necessary due to having received updated information from Del Norte County affecting the calculation of available residual RPTTF, and such update is hereby approved by the Successor Agency.

Section 4. Transmittal of ROPS. The Finance Director, Linda Leaver, is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution and comply with applicable law regarding the ROPS 24-25, including updating the ROPS 24-25 if updated information is received affecting the calculation of available residual RPTTF, submitting the ROPS 24-25 to the Successor Agency’s oversight board for approval, and submission of the Approved ROPS to the Del Norte County Auditor-Controller, the California State Controller, and the State of California Department of Finance, and posting the Approved ROPS on the Successor Agency’s website.

Section 5. Effectiveness. This Resolution shall take effect immediately upon its adoption.

PASSED, APPROVED AND ADOPTED at a meeting of the Successor Agency to the former Redevelopment Agency of the City of Crescent City on the 18th day of December 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
________________________________
Blake Inscore, Chairperson
ATTEST:
________________________________
Robin Altman, Secretary
SUCCESSOR AGENCY RESOLUTION NO. SA2023-02 Page 3

EXHIBIT A

RECOGNIZED OBLIGATION PAYMENT SCHEDULE
[Attached behind this page]
Recognized Obligation Payment Schedule (ROPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Crescent City
County: Del Norte
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
24-25A Total
(July -
December)
24-25B Total
(January -
June)
ROPS 24-25
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 78,426 $ - $ 78,426 F RPTTF 73,426 - 73,426
G Administrative RPTTF 5,000 - 5,000
H Current Period Enforceable Obligations (A+E) $ 78,426 $ - $ 78,426 Certification of Oversight Board Chairman:

Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Crescent City
Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025

A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
24-25
Total
ROPS 24-25A (Jul - Dec)
24-25A
Total
ROPS 24-25B (Jan - Jun)
24-25B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$457,525 $78,426 $- $- $- $73,426 $5,000 $78,426 $- $- $- $- $- $- 1 Water Fund
Loan *
City/County
Loan (Prior 06/
28/11), Other
01/01/
1996
06/30/2032 City of
Crescent
City Water
Utility
Debt to fund
non-housing
projects
RDA 1
& 2
412,525 N $73,426 - - - 73,426 - $73,426 - - - - - $-
7 Administrative
allowance
Admin Costs 07/01/
2016
06/30/2030 City of
Crescent
City
Administrative
allowance
RDA
1&2
45,000 N $5,000 - - - - 5,000 $5,000 - - - - - $-
Crescent City
Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.

A B C D E F G H
ROPS 21-22 Cash Balances
(07/01/21 - 06/30/22)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.

Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/21)
RPTTF amount should exclude "A" period distribution
amount.
100,365 - Corrected beginning balance
2 Revenue/Income (Actual 06/30/22)
RPTTF amount should tie to the ROPS 21-22 total
distribution from the County Auditor-Controller
(1,499) -
3 Expenditures for ROPS 21-22 Enforceable Obligations
(Actual 06/30/22)
28,139 -
4 Retention of Available Cash Balance (Actual 06/30/22) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
63,000 Amount used in 22-23
5 ROPS 21-22 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 21-22 PPA
form submitted to the CAC
No entry required
6 Ending Actual Available Cash Balance (06/30/22)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $7,727 $-
Crescent City
Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025
Item # Notes/Comments
1 7

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: BRIDGET LACEY, GRANTS AND ECONOMIC DEVELOPMENT

COORDINATOR
DATE: DECEMBER 18, 2023
SUBJECT: USDA COMMUNITY FACILITIES GRANT PROGRAM APPLICATION ______________________________________________________________________

RECOMMENDATION
• Open public hearing
o Hear staff report
o Receive public comment
• Close public hearing
• Council deliberation and discussion
• Direct staff to prepare an application under the United States Department of Agriculture (USDA) Community Facilities Grant Program for a Fire Vehicle ($50,000)

BACKGROUND
The USDA Community Facilities Grant Program provides affordable funding to develop essential community facilities in rural areas. An essential community facility is defined as a facility that provides an essential service to the local community for the orderly development of the community in a primarily rural area, and does not include private, commercial, or business undertakings. USDA Community Facility Grant Program funds can be used to purchase, construct, and/or improve essential community facilities, to purchase equipment, and to pay related project expenses.

The USDA Community Facility Grant Program is open year-round and is currently accepting applications. The City has interest in submitting an application for a new fire vehicle but must first solicit public input to give citizens an opportunity to become acquainted with the proposed project and to comment.

ITEM ANALYSIS
The vehicle being proposed as an equipment purchase under this grant program is a replacement for the Fire Command Vehicle, which is currently a 2015 Ford F-250 with over 82,000 miles on it. This is the primary vehicle for the Fire Chief, serving Crescent Fire & Rescue which includes both the Crescent City Volunteer Fire Department and the Crescent Fire Protection District. The Fire Chief is the primary responder on all calls to all city and fire district areas and responds to over 2,000 calls per year. The current Command Vehicle is in need of replacement and continues to require more and more PUBLIC HEARING – USDA COMMUNITY FACILITIES GRANT PROGRAM DECEMBER 18, 2023
2 need for repair and maintenance. The Fire Chief is on call 24 hours a day, 7 days a week and it is essential that he has a fully functional vehicle.

The proposed replacement vehicle is a 2023 Ford Expedition and will cost approximately $91,000 for the vehicle and additional radios, decals, and on-board equipment.

The expenditure deadline for this grant is December 31, 2024.

FISCAL ANALYSIS
The Community Facilities Grant Program requires a 45% grant match and is limited to $50,000 in grant funding, making the project breakdown as follows:

USDA $50,000
City $40,900
Total: $90,900
The City portion will be paid for by Measure S funding and come out of the previously approved Fire Department vehicle budget.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic Plan goals:
• Goal 1: Support quality services, community safety, and health to enhance the quality of life and experience of our residents and visitors • Goal 2(E): Create an environment that is conducive to attracting and retaining strong, sustainable businesses that reflect community needs and culture • Goal 2(F)(9): Expand on the success of grant funding by maximizing utilization of opportunities with corresponding community needs

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

DIRECTOR
DATE: DECEMBER 18, 2023
SUBJECT: FOREST MOON FESTIVAL BUDGET AND DNACA PARTNERSHIP

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Direct City Staff to:

1. include a $7,000 increase to the 2023-24 Fiscal Year Budget at mid-year for the Forest Moon Festival

2. include a $4,000 increase to the 2023-24 Fiscal Year Budget at mid-year to reimburse DNACA for expenses related to the first Concert in the Park, coinciding with the Forest Moon Festival

3. return to Council with a Partnership Agreement between the City and DNACA to offer Concerts in the Park in 2024

BACKGROUND
Last year marked the 40th anniversary of the release of Star Wars: Return of the Jedi, a film with strong ties to the Del Norte and Humboldt County communities. Significant parts of the movie were filmed in this region, including iconic scenes such as the speeder chase in Endor that features Redwood Forest landscape being weaved in and out of by Luke Skywalker and Princess Leia followed in pursuit by stormtroopers. These scenes are some of the most memorable and captivating, and they were captured in real world locations like Jedediah Smith State Park, privately owned properties, and other locations throughout the two counties.

To commemorate the anniversary, the Humboldt-Del Norte Film Commission organized the first ever Forest Moon Festival, a regional, Star Wars themed event focused on the unique association the franchise has with these two communities. The event included

FOREST MOON FESTIVAL & DNACA BUDGET
DECEMBER 18, 2023
2 Star Wars themed activities throughout both counties that took place at Farmer’s Markets, local businesses, and community parks, and engaged a variety of participants of all ages and demographics. Stars Wars as a franchise has universal appeal amongst the young and old, all ethnicities, and socioeconomic backgrounds, and has the power to bring together all members of a community.

Last year the City Council approved the City’s participation in the event with an allocated budget of $5,000. Staff partnered with the film commission to offer a showing of Return of the Jedi in Beachfront Park and organized a community event in the park that included costume contests, a vendor market, and a Rebel Challenge for both youth and adults.

The event was wildly successful and drew over 500 participants to the park that day. The Humboldt-Del Norte Film Commission has set the dates for this year’s festival for May 31st – June 2nd.

Complimentary to this event, the Executive Director of the Del Norte Association for Cultural Awareness (DNACA) recently approached City staff about a possible partnership to offer concerts in the park at Beachfront Park, with the first one to take place during the Forest Moon Festival. DNACA is a 501(c)3 public benefit corporation founded in 1981 that promotes arts, culture, and tourism in Crescent City, Del Norte County, and adjacent Tribal lands. They are a State-Local Partner funded in part by the California Arts Council and the National Endowment for the Arts.

ITEM ANALYSIS
The City had a successful first Forest Moon Festival and staff would like to again participate in this year’s event. Staff plan to work with the film commission to offer a movie in Beachfront Park on the Friday evening leading into the weekend and provide activities in Beachfront Park on Saturday. The Star Wars brand has a following that has the potential to attract people from all over the country, making this event an economic driver for Del Norte County that is worth continuing to invest in.

For this year’s event, staff plan to expand on the previous year’s activities by enhancing the Rebel Challenge to include varying skill levels, adding more activities that will take place in the park and throughout the area, and including more community partners to participate during that weekend and be present during the Saturday event at Beachfront Park. Staff will be working with the Chamber of Commerce / Visitor Bureau to coordinate activity throughout Del Norte County so there is cohesion and complimentary events happening over the course of the weekend. Notice of the festival’s dates also came much earlier this year, giving our community more time to properly plan, market, and execute activities tied to the festival. Marketing efforts this year will be stronger and in unison with Visitor Del Norte, and potentially other local entities participating in the event. These joint efforts will increase the reach of every dollar spent on the event and enhance the overall experience for participants and visitors to the area.

To further expand on the event, staff believe adding the community concert in partnership with DNACA would take advantage of the traffic already being driven by the festival that

FOREST MOON FESTIVAL & DNACA BUDGET
DECEMBER 18, 2023
3 day and add to the activity and energy felt in the area. The concert would take place in Beachfront Park Friday evening and lead into the Star Wars film showing. The concert could potentially enhance the draw of the Forest Moon Festival, driving additional tourists to the area who might also stay and shop downtown and watch the movie in the park that night. Staff also hope to coordinate with the Downtown Divas to organize a downtown market during the event, making the potential coupling of the concert in the park and the market an opportunity to further build economic development efforts, especially in downtown Crescent City.

This first concert in the park is part of a larger ask from DNACA, which includes partnering with the City to offer a series of Concerts in the Park that would take place in Beachfront Park throughout the Summer of 2024. These concerts are part of DNACA’s ongoing work to expand art and culture opportunities for the community. City staff see this partnership as a mutually beneficial means of furthering consistent economic development in the City.

The total request from DNACA is to partner in offering three concerts during the summer, with the first one taking place during the Forest Moon Festival. The second concert would be in July or August, and the third would potentially take place during the annual Labor Day Bash the first Saturday in September. The City’s role in the partnership would be to offer the space, provide utilities, and reimburse DNACA for performer expenses. A further explanation of expenses are outlined in the Fiscal Analysis.

DNACA is an indispensable staple of the community, and a mutually beneficial partnership between DNACA and the City of Crescent City would augment the City’s Forest Moon Festival contributions, help build community awareness and engagement, and encourage future sponsorships.

Both events have the ability to attract day and overnight visitors from our surrounding region, particularly during the Forest Moon Festival with its Star Wars association and following. In addition to dollars spent at the events themselves, visitors are also more likely to stop at our gas stations, restaurants, shops, etc., adding additional benefit to our community. A study conducted by Americans for the Arts, titled Arts & Economic Prosperity 5, found that the average attendee of art & culture events spends $31.47. For an attendee coming from outside the area, that number increases to an average of $47.57 per person. These amounts were calculated in 2015 dollars, and could be much higher in today’s economy.

Additionally, as the Forest Moon Festival gains more of a following, attendance will continue to grow year after year, and similar can be expected for Concerts in the Park.

As attendance grows, so will the impact to the local economy. If you look at the impact the 4th of July has on Del Norte County, visitors come from all over to participate in the parade, festivities in Beachfront Park, and the unique and over-the-top fireworks show that night. The experience has become a draw and highly popular over time and the result has a positive effect on our local hotels, restaurants, and other establishments.

FOREST MOON FESTIVAL & DNACA BUDGET
DECEMBER 18, 2023
4 FISCAL ANALYSIS
Because last year was the first time the Forest Moon Festival had taken place, staff requested a budget that was speculative and based on estimations for supplies and services. Having last year under their belt, staff have a better idea what expenses will be required to put on a successful event for this year and plan to both expand on last year’s event and also establish a baseline of certain reusable materials that can be used for future events. Staff are requesting a budget of $7,000 that would be used to pay for services such as music, photobooths, and portable restrooms, and to purchase prizes, activity equipment, and promotional materials.

Activities requiring the purchasing of supplies may include the Rebel Challenge obstacle course, lightsaber building, and costume contests. Promotional materials may include banners, flyers, posters, and ads on Facebook, radio stations, and Google.

A movie screening has not been confirmed with the film commission, however, if hosted in Beachfront Park it would be a co-hosted event between the City and Humboldt-Del Norte Film Commission, therefore, no fees will be charged for use of the park and there would be no expense to the City for licensing the movie.

For Concerts in the Park, DNACA has requested that the City contribute $4,000 per concert to support costs associated with bringing entertainment to the area, including booking fees, lodging, and travel expenses. For three concerts, the total cost to the City would be $12,000. For this Fiscal Year, the City would need to increase the Economic Development budget by $4,000 to provide a concert during the Forest Moon Festival.

Staff would then include $12,000 in the Fiscal Year 2024-25 budget for the remaining two concerts in 2024 and the recurring concert during the Forest Moon Festival in 2025.

With Council direction, staff will include these budget adjustments in the FY 23-24 midyear budget which will be presented to the Council in the spring.

As both the Forest Moon Festival and Concerts in the Park continue to grow and garner more attention in the community, staff plan to seek local sponsorships to help offset ongoing costs to offer them.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic plan Goals:
• GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND

HEALTH TO ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR

RESIDENTS AND VISITORS
A. Enhance collaboration with other agencies and the community to better aid the public.

D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs

FOREST MOON FESTIVAL & DNACA BUDGET
DECEMBER 18, 2023
5 F. Incorporate health considerations into decision-making across departments and policy areas by: Examining methods to maintain, enhance, and expand park and recreation facilities
• GOAL 2: PROMOTE A THRIVING LOCAL ECONOMY
B. Support community organizations that provide measurable services to the community.

C. Research and implement methods to increase local tourism and funding for tourism promotion.

D. Collaborate with other jurisdictions and non-profits to maximize regional effectiveness and amplify funding opportunities.

E. Create an environment that is conducive to attracting and retaining strong, sustainable businesses that reflect community needs and culture.

ATTACHMENTS

1. None.

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
DATE: DECEMBER 18, 2023
SUBJECT: COOPERATIVE PURCHASING AGREEMENT FOR PUMP TRACK

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign a Cooperative Purchasing Agreement between the City of Crescent City and American Ramp Company, Inc. for the construction of a pump track at Beachfront Park • Approve and adopt Resolution No. 2023-91, A Resolution of the City Council of the City of Crescent City Determining the Beachfront Park Pump Track to be Categorically Exempt from CEQA

BACKGROUND
In December 2021, the City was awarded $5 million in Statewide Park funding under Prop

68. That funding will be used to complete the following features in Beachfront Park: (1) Park Entry at Stamps Way; (2) Bike Park - Pump Track; (3) Tolowa Cultural Interpretive Area with Indigenous Plantings; (4) One Mile Class 1 Trail/Exercise Loop; and (5) New ADA Playground.

The City selected GreenWorks to design the reimagined park and its features. The first element to be completely designed and ready for construction will be the Bike Park – Pump Track. This is an asphalt track designed for bicycles (or other wheeled devices) that uses the momentum of the rider rather than pedaling or pushing to move the rider around the track. The same track can be utilized by both novice and advanced riders.

ITEM ANALYSIS
GreenWorks included Velosolutions as a subconsultant to design the pump track for Beachfront Park. Velosolutions is now owned by American Ramp Company, a Missouri company that designs and builds bike parks, skate parks, and pump tracks throughout the United States. American Ramp Company is a Sourcewell vendor. Last year, the City

AMERICAN RAMP COMPANY
DECEMBER 18, 2023
2 joined Sourcewell, a Missouri public entity which conducts national procurements and offers its contracts to local and state governments as well as the federal government. The City joined Sourcewell pursuant to the Joint Exercise of Powers Act (Gov. Code § 6500 et seq.). Thus, pursuant to its participation in Sourcewell and Crescent City Municipal Code Section 14.12.040, the City is authorized to contract with Sourcewell vendors that have completed the procurement process and been awarded a contract with Sourcewell.

In October 2020, Sourcewell issued an RFP for “Skatepark, Bike Park, and Pump Track Solutions with Related Equipment, Accessories, and Services.” American Ramp Company and 8 other companies responded to the request for proposals. American Ramp Company was ranked #1 out of the 9 proposals and received the highest points for pricing, warranty, value added attributes, and depth and breadth of offered equipment, products and services. On December 21, 2020, Sourcewell entered into a contract with American Ramp Company. The contract expires December 28, 2024.

The proposed cooperative purchasing agreement is for the not-to-exceed amount of $575,416.69. This includes prevailing wages for labor, materials, products, sales tax, equipment, grading and drainage, soil an sod landscape, and personnel accommodations to construct a 631-foot pump track with an 18,000 square foot footprint. Renderings and dimensions are attached to the cooperative purchasing agreement as Exhibit B.

American Ramp Company is booking clients 12-18 months out after contract. However, they have an opening in the Fall that they are currently holding for Crescent City. The construction period is estimated to be 8-10 weeks, weather permitting.

FISCAL ANALYSIS
The cooperative purchasing agreement is for the not-to-exceed amount of $575,416.69.

This project will be paid for from the Beachfront Park Prop 68 funds.

CEQA ANALYSIS
CEQA Determination
The bicycle pump track project qualifies for a Class 1, 2, 3, 4 and 32 Categorical Exemption, pursuant to Sections 15301, 15302, 15303, 15304, and 15332 of the State CEQA Guidelines, as it consists of minor alteration/ upgrade of an existing recreational facility (Beach Front Park) on a developed parcel located with an urban services area.

The project would convert existing park turf area into a bicycle pump track. The footprint of the project (18,000 square feet) is a minor part (1.2%) of the multiple use, 35-acre Beach Front Park. The site is nearly flat and composed of park turf. No native habitat or environmentally sensitive habitat areas (ESHAs) exist at or near the project site. The project has been designed to match cut and fill volumes (minimizing import/export of fill) and includes importing less than 200 tons of asphalt and 1,500 cubic yards of aggregate.

Approximately 10,000 sf of landscape area with seven rock drainage pits are a part of the

AMERICAN RAMP COMPANY
DECEMBER 18, 2023
3 project. No noise-related impacts are anticipated, in that the project site is not located near a sensitive receptor (e.g., residence) and all construction activities would occur during normal business hours. The proposed use—a bicycle pump track—is principally permitted in the Coastal Open Space Zoning District Section 17.71.020 as “continued use, maintenance, and upgrade of existing public parks and playgrounds”. Existing City and State regulatory standards related to traffic, noise, air quality, or water quality will be utilized. In a broad sense, the City is replacing one recreational activity with another activity, within an existing recreational facility.

The use of the following CEQA exemptions are also supported in part, by the determination of Coastal Commission Staff, of a de minimis finding as part of a ‘CEQA equivalent program’ (Statutory exemption 15251 (c)). The project would also fit under 15301-existing facility with no expansion of use, 15302-reconstruction, as the recreational park facility has the same purpose and capacity as what is replaced, and 15303-new construction of facility as the project only incudes minor modifications, as part of the overall Beach Front Park. Grading activities would fall under 15304 (a). The project also meets the criteria of Section 15332 for the following reasons: 1) the project is consistent with the Coastal Open Space Zone; 2) the project site is located in City limits on a project site that is less than 5 acres (~0.5 acres); 3) the project site is a developed park with turf that does not contain habitat for rare, threatened, or endangered species; 4) the project proposes a small bike facility that does not have the potential for significant impacts related to traffic, noise, air quality, or water quality; and 5) the site can be served by all required utilities and public services.

None of the exceptions to the use of categorical exemptions per CEQA Guidelines 15300.2 would apply.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic plan Goals:
• GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND

HEALTH TO ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR

RESIDENTS AND VISITORS

ATTACHMENTS

1. Cooperative Purchasing Agreement between the City of Crescent City and American Ramp Company, Inc.

2. Sourcewell Request for Proposals

3. Sourcewell proposal scoresheet

4. Resolution No. 2023-91

COOPERATIVE PURCHASING AGREEMENT

BETWEEN THE CITY OF CRESCENT CITY AND AMERICAN RAMP COMPANY THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into by between the City of Crescent City, a California municipal corporation (the “City”), and American Ramp Company, Inc., a Missouri corporation (the “Contractor”).

RECITALS
A. After a competitive procurement process (Solicitation–RFP# 112420), Sourcewell, a State of Minnesota local government agency and service cooperative (“Sourcewell”), entered into Contract No. 112420, dated December 21, 2020 (the “Sourcewell Contract”), for Skatepark, Bike Park, Pump Track Solutions with Related Equipment, Accessories, and Services. A copy of the Sourcewell Contract is attached hereto as Exhibit A and incorporated herein by reference, to the extent not inconsistent with this Agreement.

B. Sourcewell meets the definition of a public agency as defined by the California Joint Exercise of Powers Act (Gov. Code § 6500 et seq.) as it is a public corporation under Minnesota law (Minn.

Stat. 123A.21.).

C. The City is permitted, pursuant to Section 14.12.040 of the Crescent City Municipal Code and Section 6502 of the Government Code, to make purchases under the Sourcewell Contract, at its discretion and with the agreement of the awarded Contractor, and the Sourcewell Contract permits its cooperative use by other public entities, including the City.

D. The City joined Sourcewell pursuant to authority granted under the California Exercise of Joint Powers Act in 2022 and remains eligible to utilize Sourcewell’s competitively procured contracts.

E. The City and the Contractor desire to enter into this Agreement for the purpose of (i) acknowledging their cooperative contractual relationship under the Sourcewell Contract and this Agreement, (ii) establishing the terms and conditions by which the Contractor may provide labor, equipment, and materials for Skatepark, Bike Park, Pump Track Solutions with Related Equipment, Accessories, and Services (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services.

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CITY and CONTRACTOR hereby agree as follows:

1.0 TERM OF AGREEMENT. This Agreement shall be effective as of the date of execution and shall remain in full force and effect through the completion of the Scope of Work, unless terminated as otherwise provided in this Agreement or the Sourcewell Contract. The goal is to have the Scope of Work completed in Fall of 2024.

2.0 SCOPE OF WORK. CONTRACTOR shall provide to CITY the Materials and Services under the terms and conditions of the Sourcewell Contract and according to the specifications set forth in the CONTRACTOR’s Proposal attached hereto as Exhibit B and incorporated herein by reference. All COOPERATIVE PURCHASING AGREEMENT PAGE 2

AMERICAN RAMP COMPANY
Materials and Services are subject to final inspection and acceptance by the City. Materials failing to conform to the requirements of this Agreement or the Sourcewell Contract will be held at CONTRACTOR’s risk and may be returned to the CONTRACTOR. If so returned, all costs are the responsibility of CONTRACTOR. Upon discovery of non-conforming Materials or Services, CITY may elect to do any or all of the following by written notice to the CONTRACTOR: (i) waive nonconformance; (ii) stop the work immediately; or (iii) bring materials or Services into compliance and withhold the cost of the same from any payments due to the CONTRACTOR.

3.0 COMPENSATION. CITY shall pay CONTRACTOR an amount not to exceed $575,416.69 for the Materials and Services as set forth in the Sourcewell Contract and as more particularly included in Exhibit B. CITY will make no payment to CONTRACTOR for any extra, further, or additional services unless such services and payment have been mutually agreed to and this Agreement has been formally amended.

4.0 INVOICING AND PAYMENT. CONTRACTOR shall submit monthly invoices to CITY based upon the acceptance and delivery of Materials and/or Services performed and completed to date. Each invoice shall document and itemize all work completed to date. The invoice statement shall include a record of materials delivered, time expended, and work performed in sufficient detail to justify payment. CITY will pay each invoice within 30 days of receipt. If there is a dispute as to one or more items of the invoice, CITY will pay the undisputed portion within 30 days. The parties will exercise good faith and diligence in the resolution of any disputed invoice amounts and CITY will pay promptly upon resolution of the dispute.

5.0 EARLY TERMINATION.

5.1. FOR LACK OF FUNDS. If grant funding for this project is reduced or deleted by the State of California, then CITY may terminate this Agreement or reduce the scope of services and compensation to reflect the reduced grant award. In such circumstances, mutual agreement is not required. CITY must notify CONTRACTOR as soon as practical.

5.2. FOR CONVENIENCE. CITY and CONTRACTOR have the right to terminate this Agreement if CITY or CONTRACTOR determines that it is in the best interest for CITY or CONTRACTOR to do so by serving upon the other party thirty (30) calendar days’ advance written notice of termination. The notice is to be delivered and addressed to CITY or CONTRACTOR as set forth in Section 10 of this Agreement. Except as expressly provided herein, neither CITY nor CONTRACTOR will incur any liability by virtue of terminating for convenience.

5.3. FOR CAUSE. CITY or CONTRACTOR may, by written notice of default to the other party terminate this Agreement in whole or in part if CITY or CONTRACTOR defaults in the performance of any of its material obligations under this Agreement and does not or cannot cure such default within ten (10) days of receipt of a notice of default.

5.4. DELIVERY OF WRITINGS. If CITY issues a notice of termination, CONTRACTOR must deliver to CITY copies of all writings, whether or not completed, which were prepared by CONTRACTOR, its employees, or its subcontractors, if any, pursuant to this Agreement. The term "writings" includes, but is not limited to, handwriting, typewriting, computer files and records, drawings, blueprints, printing, photostatting, COOPERATIVE PURCHASING AGREEMENT PAGE 3

AMERICAN RAMP COMPANY
photographs, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, symbols, or combinations thereof.

5.5. PAYMENT FOR SERVICES RENDERED. If CITY issues a notice of termination for lack of funds or for convenience, CONTRACTOR will be entitled to receive compensation for all services rendered prior to the effective date of termination.

5.6. EFFECT OF TERMINATION. Termination of this Agreement will not affect the rights and/or obligations of the parties that arose prior to termination and such rights and/or obligations will survive termination.

5.7. NOT EXCLUSIVE. The rights and remedies of CITY contained in this Section are in addition to any other rights and remedies provided by law or this Agreement.

6.0 INDEPENDENT CONTRACTOR. In the performance of the services in this Agreement, CONTRACTOR is an independent contractor and is not an agent or employee of CITY.

CONTRACTOR, its officers, employees, agents, and subcontractors, if any, have no power to bind or commit CITY to any decision or course of action, and must not represent to any person or business that they have such power. CONTRACTOR has the right to exercise full control of the supervision of the services and over the employment, direction, compensation, and discharge of all persons assisting CONTRACTOR in the performance of said service hereunder. CONTRACTOR is solely responsible for all matters relating to the payment of its employees, including compliance with social security and income tax withholding, workers' compensation insurance, and all other regulations governing such matters.

7.0 LABOR CODE COMPLIANCE.

7.1. PREVAILING WAGES. The labor provided under this Agreement is subject to California’s prevailing wage laws. The California Labor Code requires that all workers on the project be paid not less than the general prevailing rate of per diem wages as established by the Director of the California Department of Industrial Relations (DIR).

7.1.1 Copies of the prevailing rate of per diem wages also may be found at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm .

7.1.2 CONTRACTOR and all subcontractors must comply with California Labor Code § 1775 in the event a worker is paid less than the prevailing wage rate for the work or craft in which the worker Is employed. This shall be in addition to any other applicable penalties allowed under California Labor Code §§ 1720 through 1861.

7.1.3 CONTRACTOR and all subcontractors must comply with California Labor Code § 1776, which generally requires keeping accurate payroll records, verifying and certifying payroll records, and making them available for inspection. CONTRACTOR must require all subcontractors to also comply with § 1776. CONTRACTOR and all subcontractors shall furnish records specified in § 1776 on a monthly basis, both to the City and directly to the Labor Commissioner in the manner required by California Labor Code § 1771.4. CONTRACTOR must ensure its subcontractors prepare and submit payroll record to CITY and the DIR as required by this section.

COOPERATIVE PURCHASING AGREEMENT PAGE 4

AMERICAN RAMP COMPANY

7.2. APPRENTICES. CONTRACTOR and all subcontractors must comply with California Labor Code §§ 1777.5, 1777.6, 1777.7 concerning the employment and wages of apprentices. CONTRACTOR is responsible for all apprenticeable occupations pursuant to California Labor Code § 1777.5(n).

7.3. WORKING HOURS. CONTRACTOR and all subcontractors must comply with California Labor Code §§ 1810 through 1815, including but not limited to: (i) restrict working hours on public works contracts to eight (8) hours per day and forty (40) hours per week unless all hours worked in excess of eight (8) hours per day are compensated at not less than 1.5 times the basic rate of pay; and (ii) specify penalties to be imposed on contractors and subcontractors of $25 per worker per day for each day the worker works more than 8 hours per day and 40 hours per week in violation of California Labor Code §§ 1810 through 1815.

7.4. COMPLIANCE MONITORING AND ENFORCEMENT. This project is subject to monitoring and enforcement by the DIR. CITY must withhold contract payments from CONTRACTOR as directed by the DIR, pursuant to California Pabor Code § 1727.

7.5. REGISTRATION REQUIREMENTS. CONTRACTOR and all subcontractors must be registered with the DIR and qualified to perform public work pursuant to California Labor Code § 1725.5.

8.0 BONDING REQUIREMENTS. CONTRACTOR is required to provide the following bonds:

8.1. Payment Bond in the amount of 100% of the Contract Price.

8.2. Performance Bond in the amount of 100% of the Contract Price.

9. SITE SAFETY. CONTRACTOR is responsible for initiating, maintaining and supervising all safety precautions in connection with the work. CONTRACTOR must comply with all applicable laws and regulations relating to the safety of persons or property.

10. NOTICE.

10.1. DELIVERY. Any notices or other communications to be given to either party under this Agreement must be in writing, delivered to the addresses set forth below, and will be effective, as follows:
(a) by personal delivery, effective upon receipt by the addressee; (b) by facsimile, effective upon receipt by the addressee, so long as a copy is provided by certified U.S. mail, return receipt requested, postmarked the same day as the facsimile; (c) by certified U.S. mail, return receipt requested, effective 72 hours after deposit in the mail.

IF TO CITY: IF TO CONTRACTOR:

City of Crescent City
Attn: Eric Wier, City Manager
377 J Street
Crescent City, CA 95531
American Ramp Company
Attn: Blake Robinson
601 S. McKinley Ave.

Joplin, MO 64801
COOPERATIVE PURCHASING AGREEMENT PAGE 5

AMERICAN RAMP COMPANY

10.2. CHANGE OF ADDRESS. Either party may change its address for notices by complying with the notice procedures in this section.

11. DESIGNATED REPRESENTATIVES. CITY’S designated representative is Eric Wier, City Manager [[email protected]; 707-464-7483 ext. 232]. CONTRACTOR’s designated representative is Blake Robinson, Action Sports Development Specialist [[email protected]; 417-206-6816 ext. 124]. Each party’s designated representative is authorized to sign addenda, change orders, or other modifications to this Agreement.

12. OWNERSHIP OF MATERIALS. Except for CONTRACTOR’s pre-existing property, CITY will, upon payment of CONTRACTOR’S uncontested fees, become the owner of all records and information created, produced, or generated as part of the services performed under this Agreement. At any time during the term of this Agreement, at the request of CITY, CONTRACTOR must deliver to CITY all writings, records, and information created or maintained pursuant to this Agreement. The term "writings" in this Section has the same definition as provided in Section 5.4. Reuse of work products by CITY for any purpose other than that intended under this agreement without written permission of CONTRACTOR is strictly prohibited. City will Hold Harmless, Defend and Indemnify CONTRACTOR against any and all claims that arise should City use work products for any other purpose without written permission from CONTRACTOR.

13. NONDISCRIMINATION.

13.1. COMPLIANCE. CONTRACTOR must comply with all federal and state antidiscrimination and civil rights laws. CONTRACTOR must not discriminate in the conduct of the work under this Agreement against any employee, applicant for employment, or volunteer because of race, color, creed, religion, national origin, ancestry, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions, gender identity, gender expression, age (40 and above), marital status, sexual orientation, denial of family and medical care leave, medical condition, genetic information, physical or mental disability (including HIV and AIDS), military or veteran status, denial of pregnancy disability leave or reasonable accommodation.

13.2. POSTING. CONTRACTOR must post in conspicuous places, available to all employees and applicants for employment, notices that CONTRACTOR will provide an atmosphere for employees, clients, and volunteers that is free from harassment or discrimination on the bases set forth above.

14.0 INSURANCE.

14.1. REQUIRED COVERAGE. CONTRACTOR, at its sole cost and expense, must obtain and maintain in full force and effect throughout the entire term of this Agreement the following described insurance coverage with insurers authorized to conduct business in the State of California and with a current A.M. Best’s rating of no less than A:VII, unless otherwise approved by CITY.

POLICY TYPE MINIMUM COVERAGE LIMITS
(a) Workers' Compensation Per California Law
(b) Employer’s Liability $1,000,000 per accident for BI/Disease COOPERATIVE PURCHASING AGREEMENT PAGE 6

AMERICAN RAMP COMPANY
(c) Automobile Liability
ISO Form # CA 00 01
$1,000,000 per accident for BI/PD, for all
owned, non-owned and hired vehicles
(d) Commercial General Liability
ISO Form # CG 00 01
$1,000,000 per occurrence for BI/PD
products, and completed operations,
personal and advertising injury,
$2,000,000 aggregate
Professional Liability (E&O) $1,000,000 each claim; $2,000,000 aggregate

14.2. ADDITIONAL INSURED STATUS. CITY, its elected and appointed officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’S insurance.

14.3. PRIMARY COVERAGE. For any claims related to this Project, the CONTRACTOR'S insurance coverage will be primary insurance as respects CITY, its elected and appointed officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its elected and appointed officials, employees, agents or volunteers will be in excess of the CONTRACTOR'S insurance and will not contribute with it.

14.4. NOTICE OF CANCELLATION. CONTRACTOR must provide thirty (30) days’ prior written notice to CITY prior to the cancellation of any liability policy called for herein. The worker’s compensation policy will be endorsed with a 30-Day Notice of Cancellation to City.

14.5. WAIVER OF SUBROGATION. CONTRACTOR hereby grants CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against CITY 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 CITY has received a waiver of subrogation endorsement from the insurer.

14.6. SELF-INSURED RETENTIONS. Self-insured retentions must be declared to and approved by CITY. CITY may require CONTRACTOR to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language must provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.

14.7. CLAIMS-MADE POLICIES. If any of the required policies provide coverage on a claimsmade basis, then: (a) the retroactive date must be shown and must be before the commencement of work; (b) insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work; and (c) if coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the commencement of work, then CONTRACTOR must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

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AMERICAN RAMP COMPANY

14.8. VERIFICATION OF COVERAGE. CONTRACTOR must provide with Certificates of Insurance for all required coverages as well as Declarations and applicable Endorsement Pages prior to commencement of work. However, failure to obtain the required documents prior to the commencement of work will not operate to waive CONTRACTOR’S obligation to provide them at any time thereafter when requested.

CITY reserves the right to demand complete, certified copies of all required insurance policies, including endorsements, required by the specifications, at any time.

14.9. SUBCONTRACTORS. CONTRACTOR must require and verify that all subcontractors, if any, maintain insurance meeting all of the requirements stated herein. CONTRACTOR must ensure that CITY, its elected and appointed officials, employees, agents and volunteers are additional insureds on all policies as required herein.

14.10. LACK OF COVERAGE. In the event that any required policy is canceled prior to the completion of the Project and CONTRACTOR does not furnish a new Certificate of Insurance prior to cancellation, CITY may obtain the required insurance and deduct the premium(s) from contract monies due to CONTRACTOR.

15.0 WORKERS' COMPENSATION.

15.1. COVENANT TO PROVIDE. CONTRACTOR warrants that it is aware of the provisions of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code. CONTRACTOR further agrees that it will comply with such provisions before commencing the performance of the work under this Agreement.

15.2. WAIVER OF SUBROGATION. CONTRACTOR and CONTRACTOR'S insurance company agree to waive all rights of subrogation against CITY, its elected or appointed officials, agents, and employees for losses paid under CONTRACTOR'S workers’ compensation insurance policy which arise from the work performed by CONTRACTOR for CITY.

16.0 RUSSIAN SANCTIONS. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6- 22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-ExecutiveOrder.pdf . The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russian’s action is Ukraine, as well as any sanctions imposed under State law.

CONTRACTOR must comply with the economic sanctions imposed in response to Russia’s actions I Ukraine, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of Treasury website:
https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-countryinformation/ukraine-russia-related-sanctions .

17.0 GENERAL PROVISIONS.

17.1. BINDING AGREEMENT. This Agreement binds the successors of CITY and CONTRACTOR in the same manner as if they were expressly named herein.

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AMERICAN RAMP COMPANY

17.2. WAIVER. Waiver by either party of any default, breach, or condition precedent may not be construed as a waiver of any other default, breach, or condition precedent or any other right under this Agreement. The failure of either party at any time to require performance by the other party of any provision hereof will not affect in any way the right to require such performance at a later time.

17.3. INDEMNIFICATION. CONTRACTOR agrees to indemnify and save harmless CITY, its elected and appointed officers, employees, and volunteers from claims and losses, accruing or resulting to any person or other legal entity who may be injured or damaged to the extent caused by CONTRACTOR, it’s agents or employees negligence resulting in wrongful acts, errors and omissions, , pertaining to the performance of this Agreement. CONTRACTOR’S liability arising out of the performance of its obligations hereunder will be limited to the fees paid by CITY to CONTRACTOR for services contemplated by this Agreement. This liability limitation does not apply to claims made by any third party, nor does it apply in the event of the willful misconduct or gross negligence of CONTRACTOR, its principals, employees or agents.

17.4. CONFLICT OF INTEREST. CONTRACTOR must exercise reasonable care and diligence to prevent any actions or conditions which could result in a conflict with CITY’s interest.

CONTRACTOR must immediately notify CITY of any and all violations of this Section upon becoming aware of such violation.

17.5. FORCE MAJEURE. No Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make previously owed payments to the other Party hereunder) when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”) that frustrates the purpose of this Agreement: (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic, pandemic or similar influenza or bacterial infection (which is defined by the United States Center for Disease Control as virulent human influenza or infection that may cause global outbreak, or pandemic, or serious illness); (j) emergency state; (k) shortage of adequate medical supplies and equipment; (l) shortage of power or transportation facilities; and (m) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party must give prompt notice to the other Party of the nature of the Force Majeure Event and its anticipated impact to this Agreement.

17.6. AMENDMENTS. Modifications or amendments to the terms of this Agreement must be in writing and executed by both representatives of parties to be valid and enforceable.

17.7. TIME OF THE ESSENCE. CONTRACTOR understands and agrees that time is of the essence in the completion of the work and services described herein.

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AMERICAN RAMP COMPANY

17.8. SEVERABILITY. If a court of competent jurisdiction or subsequent preemptive legislation holds or renders any of the provisions of this Agreement unenforceable or invalid, the validity and enforceability of the remaining provisions, or portions thereof, will not be affected.

17.9. GOVERNING LAW AND CHOICE OF FORUM. This Agreement must be administered and interpreted under California law as written by both parties. Any litigation arising from this Agreement must be brought in the Superior Court of California, in and for Del Norte County.

17.10. COSTS AND ATTORNEYS' FEES. If either party commences any legal action against the other party arising out of this Agreement or the performance thereof, each party will pay its’ own litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

17.11. NO ASSIGNMENT. This Agreement and any amendments hereto are not assignable by CONTRACTOR either voluntarily or by operation of law without the prior written consent of CITY. Any attempt to assign this Agreement will be legally void.

17.12. SURVIVAL. The parties' obligations under Sections 14.3 [primary coverage] and 17.3 [indemnification] will survive the termination or expiration of this Agreement.

17.13. INTEGRATION. This Agreement constitutes the entire agreement of the parties and supersedes and prior negotiations, agreements, understandings, representations or statements.

17.14. AUTHORIZATION TO EXECUTE. The signatories to this Agreement hereby represent and warrant that they have been duly authorized to legally bind and execute this Agreement on behalf of their respective parties.
[SIGNATURE PAGE TO FOLLOW]
COOPERATIVE PURCHASING AGREEMENT PAGE 10

AMERICAN RAMP COMPANY
SIGNATURE PAGE – COOPERATIVE PURCHASING AGREEMENT

AMERICAN RAMP COMPANY
This Agreement is entered into by and between the parties as of this 18th day of December 2023 at Crescent City, California.

CONTRACTOR: AMERICAN RAMP COMPANY
By:

Its:

CITY: CITY OF CRESCENT CITY
By: Eric Wier, City Manager
ATTEST:

Robin Altman, City Clerk
APPROVED AS TO FORM:

Martha D. Rice, City Attorney
EXHIBIT A – SOURCEWELL CONTRACT

COOPERATIVE PURCHASING AGREEMENT

AMERICAN RAMP COMPANY

EXHIBIT A
Sourcewell Contract #112420-ARC (incorporates American Ramp Company’s Proposal) 112420-ARC
Rev. 10/2020 1
Solicitation Number: #112420

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and American Ramp Company, Inc., 601 S. McKinley Avenue, Joplin, MO 64801 (Vendor).

Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Skatepark, Bike Park, and Pump Track Solutions with Related Equipment, Accessories, and Services from which Vendor was awarded a contract.

Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires December 28, 2024, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.

C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.

Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.







 

 
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All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable 






 

 
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time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.

Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing 






 

 
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Rev. 10/2020 4
restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS

A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at governmentowned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. 






 

 
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Rev. 10/2020 5
Vendor’s acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements; or

3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:

x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable. 






 

 
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B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).

The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State/Province;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. 






 

 
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Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.

D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.

E. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their 






 

 
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respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. LIABILITY

Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.

12. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.

If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Vendor.
b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor’s Trademarks in advertising and promotional materials for the purpose of marketing Vendor’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article.

Each party will be responsible for any breach of this Article by any of their respective sublicensees.







 

 
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3. Use; Quality Control.
a. Sourcewell must not alter Vendor’s Trademarks from the form provided by Vendor and must comply with Vendor’s removal requests as to specific uses of its trademarks or logos.
b. Vendor must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos.
c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s Trademarks only in good faith and in a dignified manner consistent with such party’s use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.

D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.

14. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.







 

 
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15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract.

Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:







 

 
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x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE

A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit







 

 
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4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.

Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate

6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial 






 

 
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general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.

Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 






 

 
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21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Vendor’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report 






 

 
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all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.

C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. 






 

 
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§180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.







 

 
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L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

22. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.

Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell American Ramp Company, Inc.

By: __________________________ By: __________________________ Jeremy Schwartz Heather Ogden
Title: Director of Operations &
Procurement/CPO
Title: Senior Project Manager
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________







 

 


 





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American Ramp Company #112420-ARC
Pricing for contract #112420-ARC is provided at 7% off factory direct pricing to Sourcewell participating agencies.

EXHIBIT B – PROJECT SCOPE OF WORK

COOPERATIVE PURCHASING AGREEMENT

AMERICAN RAMP COMPANY
EXHIBIT B: PROJECT SCOPE OF WORK

PRICING AND SCOPE LETTER FROM AMERICAN RAMP COMPANY

RENDERINGS
Details (Drawing No. ZG108)
Pump Track (Dimensions Drawing No. ZG104)
601 S. McKinley Ave
Joplin, MO 64801
Toll-free: 800-RAMP-778
Local: 417-206-6816
Fax: 417-206-6888
[email protected]

PRICING AND SCOPE LETTER
BEACHFRONT PARK – CRESCENT CITY
NOVEMBER 28th, 2023
PROJECT DURATION: 8-10 Weeks
AMERICAN RAMP COMPANY – PRICING
TOTAL COST – $575,416.69
Pricing is for all features below per construction documents (currently being produced) and agreed on by the city.

Asphalt Pump Track Construction - $520,000.00
- Asphalt – 153 Tons
- Aggregate – 1,377 CYs
- Machinery and Accommodations – 9 Weeks
- Soil & Sod Landscaping – 10,180 sf
Double-sided Wallride Feature - $28,000.00
Bonding (2%) - $10,960.00
Tax (8.25% on Materials & Accommodations) – $16,456.69

AMERICAN RAMP COMPANY - SCOPE OF WORK
Footprint – 18,000sf
Asphalt – 7,820sf
Landscape Area – 10,180sf
Rock Drainage Pits – 7
INCLUDES:
• All labor, supplies, tools, materials, and equipment required per scope of work. • Construction of all bike park elements within the boundary of the bike park area • Production and installation of all sustainable features • Grading and Drainage
• Soil and Sod Landscape
• Construction Fencing
EXCLUDES*:
• Pedestrian protection, walkways, dust protection, temporary enclosures, protection of work or adjacent items. • Dewatering, silt fence, soil stabilization, erosion control, street cleaning, and traffic control • Anything not included in the Inclusions section above. *Can provide for additional fees
CITY PROVIDES:
• Sufficient water, and electrical power within 100 feet of work areas (ARC can include I necessary) • Unobstructed, safe, and continuous access to work area with heavy equipment.

AMERICANRAMPCOMPANY.COM
8365 - CA, CRESCENT CITY
8365 8365 -- CACA, , CRESCENT CITY CRESCENT CITY
AMERICANRAMPCOMPANY.COM
All designs and ideas contained within these drawings are the property of PlaceWorks, Inc. PlaceWorks hereby reserves its common law copyright and other property rights in these plans. These plans shall not be reproduced, changed, assigned, or copied in any form. Any changes made by parties other than PlaceWorks, without first obtaining the written permission and consent of PlaceWorks, shall relieve PlaceWorks of responsibility for the project or effected portion thereof.

CRESCENT CITY - County California
PROJECT TITLE: DRAWING TITLE: SCALE: DATE: 10/18/2023 REVISIONS: DRAWING NO: SHEET OF SHEETS

CRESCENT CITY CALIFORNIA XX
DETAILS XX ZG108
CONSTRUCTION DRAWINGS FOR PUMP TRACK PERMIT SET Scale:3/8"=1'-0" DOUBLE WALL RIDE 3 WWW.AMERICANRAMPCOMPANY.COM
601 MCKINLEY - JOPLIN, MISSOURI 64801
PHONE: 1-800-949-2024 - FAX: 1-417-206-6888 Scale: N.T.S. TYP. ASPHALT PUMPTRACK W/P3 CROSS SECTION DETAIL 2 Scale: N.T.S. TYP. ASPHALT PUMPTRACK LAYERS
1 +2.25 +1.30 -2.65 -2.65 -2.65 -2.65 -2.65 -2.65 -2.65 +2.25 +2.25 +2.25 +2.25 +2.25 +2.25 +2.25 -2.00 -2.00 -2.00 +2.25 +2.25 -2.00 -2.00 -2.00 -2.00 -2.00 Scale:1/8"=1'-0" TRACK DIMENSIONS 1 All designs and ideas contained within these drawings are the property of PlaceWorks, Inc. PlaceWorks hereby reserves its common law copyright and other property rights in these plans. These plans shall not be reproduced, changed, assigned, or copied in any form. Any changes made by parties other than PlaceWorks, without first obtaining the written permission and consent of PlaceWorks, shall relieve PlaceWorks of responsibility for the project or effected portion thereof. PERMIT SET PROJECT TITLE: DRAWING TITLE: SCALE: DATE: 10/18/2023 REVISIONS: DRAWING NO: SHEET OF XX SHEETS

PUMP TRACK
DIMENSIONS XX ZG104

CONSTRUCTION DRAWINGS FOR PUMP TRACK

CRESCENT CITY CALIFORNIA
WWW.AMERICANRAMPCOMPANY.COM
601 MCKINLEY - JOPLIN, MISSOURI 64801
PHONE: 1-800-949-2024 - FAX: 1-417-206-6888 TOTAL TRACK LENGTH 631'-0" (CENTERLINE LINEAR) 1,041.15 FT2 ASPHALT ESTIMATE (TRACK SURFACE ONLY) 1ͬ8Ηс1Ζ 0 1Ζ2Ζ 4Ζ 8Ζ 16Ζ ϯ2Ζ
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Crescent City Resolution No. 2023-91 Page 1
RESOLUTION NO. 2023 – 91

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY

DETERMINING THE BEACHFRONT PARK PUMP TRACK

TO BE CATEGORICALLY EXEMPT FROM CEQA
WHEREAS, the City of Crescent City (“City”) owns Beachfront Park, a 35-acre open-space park fronting the bay; and
WHEREAS, the City has obtained Prop 68 funds to make major improvements to the Park, including a pump track for bicycles, etc.; and
WHEREAS, the project consists of minor alteration/ upgrade of an existing recreational facility (Beach Front Park) on a developed parcel located with an urban services area; and WHEREAS, the 18,000 square foot pump track is a minor part (1.2%) of the multiple-use, 35-acre park; and
WHEREAS, the project site is nearly flat and composed of park turf where no native habitat or environmentally sensitive habitat areas exist; and
WHEREAS, the project would convert existing park turf area into a pump track, which is designed to match cut and fill volumes (minimizing import/export of fill) and includes importing less than 200 tons of asphalt and 1,500 cubic yards of aggregate; and WHEREAS, approximately 10,000 sf of landscape area with seven rock drainage pits are a part of the project; and
WHEREAS, no noise-related impacts are anticipated, in that the project site is not located near a sensitive receptor (e.g., residence) and all construction activities would occur during normal business hours; and
WHEREAS, existing City and State regulatory standards related to traffic, noise, air quality, or water quality will be utilized; and
WHEREAS, the proposed use—a bicycle pump track—is principally permitted in the Coastal Open Space Zoning District Section 17.71.020 as “continued use, maintenance, and upgrade of existing public parks and playgrounds”; and
WHEREAS, in a broad sense, the City is replacing one recreational activity with another activity, within an existing recreational facility.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Crescent City, California, that:

1. The recitals above are found to be true by the City Council.

2. The City Council determines that the pump track project qualifies for a Class 1, 2, 3, 4 and 32 Categorical Exemption, pursuant to Sections 15301, 15302, 15303, 15304, and 15332 of the State CEQA Guidelines.

3. Planning staff are directed to file a Notice of Exemption with the State Clearinghouse and the County of Del Norte.

Crescent City Resolution No. 2023-91 Page 2
APPROVED AND ADOPTED and made effective the same day at a meeting of the City Council of the City of Crescent City held this 18th day of December 2023 by the following polled vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Mayor Blake Inscore
ATTEST:

Robin Altman, City Clerk

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: DECEMBER 18, 2023
SUBJECT: CLOSURE OF TSUNAMI MEMORIAL FOUNTAIN PLAZA BETWEEN 11:00 P.M. AND 5:00 A.M.

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Waive full reading, read by title only and introduce Ordinance No. 838, AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING SECTION 12.20.10 OF CHAPTER 12.20, PARK REGULATIONS OF TITLE 12, STREETS, SIDEWALKS AND PUBLIC PLACES, OF THE CRESCENT

CITY MUNICIPAL CODE

BACKGROUND
The Tsunami Memorial Fountain and monument (bronze artwork) was commissioned by the City in 1965 in memory of the eleven lives lost during the 1964 tsunami. It was placed in the area that is now known as the Tsunami Landing Plaza. This Plaza and surrounding areas incorporated concrete walkways and a concrete central plaza, scalloped walls, seating, and an overhead cover over walking paths to the Plaza and surrounding businesses. In August of 2011, the City removed the Tsunami Landing walking cover due to age and seismic structural concerns.

As currently designed, the plaza is surrounded by the scalloped walls and underutilized seating areas. There is little public usage of this space other than those just passing through. The perimeter walls act as collectors for daily garbage. These walls also limit visibility, which is averse to providing a safe environment for the public and local businesses. The accumulated abandoned debris utilize an excessive amount of Public Works staff by requiring constant cleaning and trash removal. This daily regiment often requires the inclusion of the City’s police department in the handling of personal belongings, drug paraphernalia, graffiti, property damage, and human waste.

INTRODUCTION OF ORD. NO. XXX
DECEMBER 18, 2023
2 At its December 4th meeting, the City Council directed staff to bring back an ordinance for the Council’s consideration that would close the Tsunami Memorial Fountain Plaza area at night.

ITEM ANALYSIS
Before the Council this evening is an ordinance that would close the Tsunami Memorial Fountain Plaza between the hours of 11:00 p.m. and 5:00 a.m. The reasoning behind the closure is that by closing the area at night, the demand on public works staff and the police department to respond to and clean the area during the daytime hours will be reduced.

FISCAL ANALYSIS
The only direct cost of this action is publication costs of the ordinance. However, staff is hopeful that this change will save many hours of Public Works and Police Department staff time that is currently being spent on the cleaning and maintenance of this area resulting from overnight activities.

CEQA ANALYSIS
The action does not constitute a “project” under CEQA because it has no potential environmental effect.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic plan Goals:
• GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND

HEALTH TO ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR

RESIDENTS AND VISITORS

ATTACHMENTS

1. Draft Ordinance No. 838
ORDINANCE NO. 838

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CRESCENT CITY AMENDING SECTION 12.20.010 OF CHAPTER 12.20, PARK REGULATIONS, OF TITLE 12, STREETS, SIDEWALKS AND PUBLIC PLACES,

OF THE CRESCENT CITY MUNICIPAL CODE
WHEREAS, the City of Crescent City is a general law city with the constitutional authority (“police power”) to make laws and regulations to protect the public health, safety and welfare; and
WHEREAS, the City maintains a small network of public parks and similar spaces; and WHEREAS, all City parks are closed between the hours of 11:00 p.m. and 5:00 a.m.; and WHEREAS, there has been an increased workload demand from public works crews and police department personnel due to the accumulation of garbage, debris, human waste, and graffiti that has been collecting during the nighttime hours in the Tsunami Memorial Fountain Plaza; and
WHEREAS, the Tsunami Memorial Fountain Plaza is surrounded by businesses and public service offices which make it easy for individuals to get away with misdeeds at night as there is no clear line of sight from the public road; and WHEREAS, the City Council is refocusing its efforts to make the Tsunami Memorial Fountain Plaza a focal point of the downtown experience; and WHEREAS, it is the desire of the City Council to close the Tsunami Memorial Fountain Plaza during the night hours (11 pm to 5 am) consistent with the City’s parks.

NOW, THEREFORE, the City Council of the City of Crescent City ordains as follows:

SECTION 1. RECITALS. The City Council finds the above recitals to be true and correct and are incorporated herein as if set forth in full.

SECTION 2. CODE AMENDMENT. Section 12.20.010 of Chapter 12.20 Park Regulations, of Title 12, Streets, Sidewalks and Public Places, of the Crescent City Municipal Code is hereby amended to read as follows:

12.20.010 Generally.

A. The city council may from time to time adopt such regulations as it deems fit to provide for the orderly use and administration of the City’s park system. Such regulations shall provide for payment of such fees as the council deems necessary to pay for any increased costs to the City by virtue of any group or organization’s use of the park or other public facilities of the City. (Prior code § 12-601)
Crescent City Ordinance No. 838 Page 2 of 2
B. For purposes of this chapter, all references to “parks” specifically include Beachfront Park, Peterson Park, Brother Jonathan Park / Frasier Park, and the Tsunami Memorial Fountain Plaza.
***END TEXT AMENDMENT***
SECTION 3. SEVERABILITY. If any part of this Ordinance is held to be invalid or inapplicable to any situation by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this Ordinance or the applicability of this Ordinance to other situations.

SECTION 4. CEQA FINDINGS. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt from CEQA under Section 15061(b)(3) as this ordinance does not have the potential for causing a significant effect on the environment.

SECTION 5. EFFECTIVE DATE & PUBLICATION. This Ordinance will become effective 30 days after the date of its adoption. The City Clerk shall cause this ordinance to be published in a newspaper of general circulation in Del Norte County once within 15 days of its adoption in accordance with the requirements of Government Code Section 36933.

INTRODUCED at a meeting of the City Council of the City of Crescent City held on ____________________, 2023.

PASSED AND ADOPTED by the City Council of the City of Crescent City at a regular meeting of the City Council held this ___ day of ________ 2024 by the following polled vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Blake Inscore, Mayor
ATTEST:

Robin Altman, City Clerk
APPROVED AS TO FORM:

Martha D. Rice, City Attorney

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: DECEMBER 18, 2023
SUBJECT: SEWER RATE STUDY PROFESSIONAL SERVICES AGREEMENT

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign a Professional Services Agreement with Willdan Financial Services for Sewer Utility Rate Study • Approve and adopt Resolution No. 2023-92, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY

BACKGROUND
The City of Crescent City owns, operates, and maintains the Wastewater Treatment Plant, which has a design capacity of 1.86 million gallons per day (MGD) average dry weather flow with a permitted ocean discharge. The WWTP provides service to approximately 3,900 accounts. The WWTP was originally constructed in 1958 and has undergone four major retrofits since then. The most recent upgrade was a 2007 $40+ million-dollar project in response to 1997 cease and desist orders associated with plant effluent violations. The 2007 retrofit upgraded many portions of the facility including the addition of a 1.1 MGD rated membrane bioreactor (MBR). The WWTP is classified as a Class IV facility because it includes tertiary treatment.

The City also owns and operates the sewer collection system for City residents. The collection system for customers outside of the City limits is owned by the County. Thus, the cost analysis for City and County residents is slightly different. County residents pay their collection system portion of the cost directly to the County in the same manner as property taxes. City residents pay their collection system costs as part of their monthly utility rate.

WILLDAN – SEWER RATE STUDY
DECEMBER 18, 2023
2 The last sewer utility rate study was conducted in 2015. Updated sewer rates were proposed and passed the Proposition 218 protest vote. A group in opposition to the new sewer rates, however, were successful in getting enough signatures for a referendum on the ordinance imposing the new rates. In the November 2016 general election, the voters voted to NOT increase their sewer rates. Thus, the City did not impose the new rates.

The last sewer utility rate increase was implemented July 2, 2014.

In 2020, the California Supreme Court ruled in Wilde v. City of Dunsmuir, 9 Cal.5th 1105, that municipal water fees are not subject to the referendum power under Cal. Constitution, art. IV, § 1, because the fees funded the essential governmental function of providing water and thus falls within the tax levies exemption in Cal. Const., art II, § 9, subd. (a).

Thus, the next utility rate increase will not be subject to referendum.

ITEM ANALYSIS
The City’s sewer fund is in a structural deficit and a sewer utility rate study is required to correct this trend. The City requested and received three proposals for a sewer utility rate study. Staff reviewed the proposals and selected Willdan Financial Services as the firm with the proposal that best fit the needs of the City. The contract is for an amount not to exceed $21,930. This sum covers the following services and deliverables (more detail is included in the actual professional services agreement):
• PREPARATION & PLANNING: data collection, data review, review of current rate structure, review of recent financial performance, review and update revenue requirements (CIP, debt payments, reserves, etc.)
• RATE STUDY: Revenue requirements, capital improvement plan, cost-of-service allocations, rate analysis and design
• PRELIMINARY DRAFT REPORT: the report will address the study findings and proposed recommendations, assumptions relied upon to support the rates, and a comparison with five other public agencies
• FINAL REPORT: update the draft report based on comments received from City staff and other participants
• PROP 218 NOTICES: assist in drafting Prop 218 notices (City responsible for costs of printing and mailing notices)
• MEETINGS & PRESENTATIONS: kickoff, progress and planning meetings with staff, presentation of final report to the City Council, attendance at the Prop 218 public hearing
If the agreement is approved by the City Council, work will commence immediately with a target completion date for the sewer utility rate study of late Spring of 2024.

This would give the City time to conduct the Prop 218 process and implement rates effective Summer or Fall of 2024.

WILLDAN – SEWER RATE STUDY
DECEMBER 18, 2023
3 FISCAL ANALYSIS
The proposed cost for this sewer rate study is $21,930. Staff estimates an additional $7,000 will be needed to complete the Prop 218 process which includes advertising public hearings, public outreach, and mailing notifications to all parcels receiving sewer service.

If adopted the attached resolution would increase the budgeted expense in the Sewer Fund by $29,000.

CEQA ANALYSIS
The action does not constitute a “project” under CEQA because it has no potential to cause a direct or reasonably foreseeable indirect physical change in the environment.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic plan Goals:
• GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND

HEALTH TO ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR

RESIDENTS AND VISITORS
o D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
• GOAL 3: OBTAIN THE HIGHEST LEVELS OF ORGANIZATIONAL

EXCELLENCE
o A. Maintain responsible fiscal management and accountability o C. Seek methods to create efficiencies and add additional value without compromising safety or performance

ATTACHMENTS

1. Professional Services Agreement with Willdan Financial Services

2. Resolution No. 2023-92 (Budget Amendment)

CITY COUNCIL AGENDA REPORT
TO: MAYOR INSCORE AND MEMBERS OF THE CITY COUNCIL
FROM: ERIC WIER, CITY MANAGER
BY: MARTHA D. RICE, CITY ATTORNEY
DATE: DECEMBER 18, 2023
SUBJECT: SEWER RATE STUDY PROFESSIONAL SERVICES AGREEMENT

RECOMMENDATION
• Hear staff report
• Technical questions from the Council
• Receive public comment
• Further Council discussion
• Approve and authorize the City Manager to sign a Professional Services Agreement with Willdan Financial Services for Sewer Utility Rate Study • Approve and adopt Resolution No. 2023-92, A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF CRESCENT CITY AMENDING THE FISCAL YEAR 2023-24 BUDGET OF THE CITY OF CRESCENT CITY

BACKGROUND
The City of Crescent City owns, operates, and maintains the Wastewater Treatment Plant, which has a design capacity of 1.86 million gallons per day (MGD) average dry weather flow with a permitted ocean discharge. The WWTP provides service to approximately 3,900 accounts. The WWTP was originally constructed in 1958 and has undergone four major retrofits since then. The most recent upgrade was a 2007 $40+ million-dollar project in response to 1997 cease and desist orders associated with plant effluent violations. The 2007 retrofit upgraded many portions of the facility including the addition of a 1.1 MGD rated membrane bioreactor (MBR). The WWTP is classified as a Class IV facility because it includes tertiary treatment.

The City also owns and operates the sewer collection system for City residents. The collection system for customers outside of the City limits is owned by the County. Thus, the cost analysis for City and County residents is slightly different. County residents pay their collection system portion of the cost directly to the County in the same manner as property taxes. City residents pay their collection system costs as part of their monthly utility rate.

WILLDAN – SEWER RATE STUDY
DECEMBER 18, 2023
2 The last sewer utility rate study was conducted in 2015. Updated sewer rates were proposed and passed the Proposition 218 protest vote. A group in opposition to the new sewer rates, however, were successful in getting enough signatures for a referendum on the ordinance imposing the new rates. In the November 2016 general election, the voters voted to NOT increase their sewer rates. Thus, the City did not impose the new rates.

The last sewer utility rate increase was implemented July 2, 2014.

In 2020, the California Supreme Court ruled in Wilde v. City of Dunsmuir, 9 Cal.5th 1105, that municipal water fees are not subject to the referendum power under Cal. Constitution, art. IV, § 1, because the fees funded the essential governmental function of providing water and thus falls within the tax levies exemption in Cal. Const., art II, § 9, subd. (a).

Thus, the next utility rate increase will not be subject to referendum.

ITEM ANALYSIS
The City’s sewer fund is in a structural deficit and a sewer utility rate study is required to correct this trend. The City requested and received three proposals for a sewer utility rate study. Staff reviewed the proposals and selected Willdan Financial Services as the firm with the proposal that best fit the needs of the City. The contract is for an amount not to exceed $21,930. This sum covers the following services and deliverables (more detail is included in the actual professional services agreement):
• PREPARATION & PLANNING: data collection, data review, review of current rate structure, review of recent financial performance, review and update revenue requirements (CIP, debt payments, reserves, etc.)
• RATE STUDY: Revenue requirements, capital improvement plan, cost-of-service allocations, rate analysis and design
• PRELIMINARY DRAFT REPORT: the report will address the study findings and proposed recommendations, assumptions relied upon to support the rates, and a comparison with five other public agencies
• FINAL REPORT: update the draft report based on comments received from City staff and other participants
• PROP 218 NOTICES: assist in drafting Prop 218 notices (City responsible for costs of printing and mailing notices)
• MEETINGS & PRESENTATIONS: kickoff, progress and planning meetings with staff, presentation of final report to the City Council, attendance at the Prop 218 public hearing
If the agreement is approved by the City Council, work will commence immediately with a target completion date for the sewer utility rate study of late Spring of 2024.

This would give the City time to conduct the Prop 218 process and implement rates effective Summer or Fall of 2024.

WILLDAN – SEWER RATE STUDY
DECEMBER 18, 2023
3 FISCAL ANALYSIS
The proposed cost for this sewer rate study is $21,930. Staff estimates an additional $7,000 will be needed to complete the Prop 218 process which includes advertising public hearings, public outreach, and mailing notifications to all parcels receiving sewer service.

If adopted the attached resolution would increase the budgeted expense in the Sewer Fund by $29,000.

CEQA ANALYSIS
The action does not constitute a “project” under CEQA because it has no potential to cause a direct or reasonably foreseeable indirect physical change in the environment.

STRATEGIC PLAN ASSESSMENT
This action supports the following Strategic plan Goals:
• GOAL 1: SUPPORT QUALITY SERVICES, COMMUNITY SAFETY, AND

HEALTH TO ENHANCE THE QUALITY OF LIFE AND EXPERIENCE OF OUR

RESIDENTS AND VISITORS
o D. Provide and maintain an efficient, adequate infrastructure to provide for both current and future community needs
• GOAL 3: OBTAIN THE HIGHEST LEVELS OF ORGANIZATIONAL

EXCELLENCE
o A. Maintain responsible fiscal management and accountability o C. Seek methods to create efficiencies and add additional value without compromising safety or performance

ATTACHMENTS

1. Professional Services Agreement with Willdan Financial Services

2. Resolution No. 2023-92 (Budget Amendment)

CITY OF CRESCENT CITY

AGREEMENT FOR PROFESSIONAL SERVICES
This agreement for professional services ("Agreement") is hereby entered into this 18th day of December 2023, by and between the City of Crescent City, a California municipal corporation ("CITY") and Willdan Financial Services, a California corporation ("CONSULTANT").

RECITALS
WHEREAS, CITY has determined it is necessary and desirable to secure certain technical and professional services; and
WHEREAS, CITY requested proposals from three firms to conduct a sewer utility rate study; and
WHEREAS, CITY evaluated the three proposals received and CONSULTANT was selected to provide services as described herein.

AGREEMENT
NOW, THEREFORE, IT IS AGREED by and between CITY and CONSULTANT as follows:

1. INCORPORATION OF RECITALS. The recitals set forth above, and all defined terms set forth in such recitals and in the introductory paragraph preceding the recitals, are hereby incorporated into this Agreement as if set forth herein in full.

2. SCOPE OF SERVICES.

2.1. SERVICES TO BE PERFORMED. Subject to policy direction and approvals as CITY through its staff may determine from time to time, CONSULTANT will perform the services set forth in Exhibit “A” attached hereto and incorporated herein by reference.

2.2. SCHEDULE FOR PERFORMANCE. CONSULTANT must perform the services identified in Exhibit “A” as expeditiously as is consistent with generally accepted standards of professional skill and care and the orderly progress of work. Target completion dates for key date sensitive tasks, are as follows:

DATE TASK
March 11, 2024 Preliminary Draft Report
April 1, 2024 Final Report
April – June 2024 Prop 218 Notice Period
May – June 2024 Public Hearing

2.3. STANDARD OF QUALITY. All work performed by CONSULTANT under this Agreement must be in accordance with all applicable legal requirements and

CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 10
must meet the standard of quality ordinarily to be expected of competent professionals in CONSULTANT'S field of expertise.

2.4. COMPLIANCE WITH LAWS. CONSULTANT must comply with all applicable federal, state, and local laws, codes, ordinances, regulations, orders, and decrees. CONSULTANT represents and warrants to CITY that CONSULTANT will, at its own cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance and approvals that are legally required for CONSULTANT to practice its profession or are necessary and incident to the lawful prosecution of the services it performs under this Agreement, including a City business license.

2.5. PERSONNEL. CONSULTANT agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services pursuant to this Agreement. Failure to assign such competent personnel will constitute grounds for termination of this Agreement by CITY.

2.6. COMMENCMENT OF SERVICES. CONSULTANT may not commence services until this Agreement has been fully executed and CONSULTANT has obtained all required licenses, insurance policies, and other authorizations required by this Agreement. In addition, CONSULTANT may not being work until CITY issues a Notice to Proceed, which will only be issued once CDBG funding is confirmed.

3. COMPENSATION.

3.1. SCHEDULE OF PAYMENT. The compensation to be paid by CITY to CONSULTANT for the services rendered hereunder will be based on the Notto-Exceed amount of Twenty-One Thousand, Nine Hundred Thirty Dollars ($21,930.00) as specified in Exhibit “B” attached hereto and incorporated herein by this reference.

3.2. ADDITIONAL SERVICES. CITY will make no payment to CONSULTANT for any extra, further, or additional services unless such services and payment have been mutually agreed to and this Agreement has been formally amended in accordance with Section 7.

3.3. INVOICING AND PAYMENT. CONSULTANT must submit monthly invoices based on work completed. CITY will pay CONSULTANT within 30 days of receipt of CONSULTANT’s invoice. If there is a dispute as to one or more line items on the invoice, CITY will pay the undisputed portion within 30 days of receipt. The parties will exercise good faith and diligence in the resolution of any disputed invoice amounts and CITY will pay promptly upon resolution of the dispute. The City does not make advance payment for services.

CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 10

4. WORK PRODUCT REVIEW. CONSULTANT must make its work product available to CITY for review. If additional review and/or revision is required by CITY, CITY will conduct reviews in a timely manner. CONSULTANT should build review time into its schedule.

5. TERM OF AGREEMENT. This Agreement is effective as of the date first above written and will remain in effect until completed, amended pursuant to Section 7, or terminated pursuant to Section 6.

6. EARLY TERMINATION.

6.1. WRITTEN NOTICE. CITY has the right to terminate this Agreement for any reason, at any time, by serving upon CONSULTANT ten (10) calendar days advance written notice of termination. The notice is to be delivered and addressed to CONSULTANT as set forth in Section 11 of this Agreement.

6.2. DELIVERY OF WRITINGS. If CITY issues a notice of termination, CONSULTANT must deliver to CITY copies of all writings, whether or not completed, which were prepared by CONSULTANT, its employees, or its subcontractors, if any, pursuant to this Agreement. The term "writings" includes, but is not limited to, handwriting, typewriting, computer files and records, drawings, blueprints, printing, photostatting, photographs, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, symbols, or combinations thereof.

6.3. PAYMENT FOR SERVICES RENDERED. If CITY issues a notice of termination, CONSULTANT will be entitled to receive compensation for all services rendered prior to the effective date of termination.

6.4. EFFECT OF TERMINATION. Termination of this Agreement will not affect the rights and/or obligations of the parties that arose prior to termination and such rights and/or obligations will survive termination.

6.5. NOT EXCLUSIVE. The rights and remedies of CITY contained in this Section 6 are in addition to any other rights and remedies provided by law or this Agreement.

7. AMENDMENTS. Modifications or amendments to the terms of this Agreement must be in writing and executed by both parties to be valid and enforceable.

8. CONFIDENTIAL INFORMATION. Except as required by law, CONSULTANT must not, either during or after the term of this Agreement, disclose to any third party any confidential information relative to the work of CITY without the prior written consent of CITY.

CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 10

9. DISCLOSURE. CONSULTANT must provide CITY with full disclosure of any other clients that it is currently serving in Del Norte County, including a brief description of the nature of the work being performed. If CONSULTANT initiates service to new clients within Del Norte County during the term of this agreement, CONSULTANT must disclose such service to CITY.

10.INDEPENDENT CONTRACTOR. In the performance of the services in this Agreement, CONSULTANT is an independent contractor and is not an agent or employee of CITY.

CONSULTANT, its officers, employees, agents, and subcontractors, if any, have no power to bind or commit CITY to any decision or course of action, and must not represent to any person or business that they have such power. CONSULTANT has the right to exercise full control of the supervision of the services and over the employment, direction, compensation, and discharge of all persons assisting CONSULTANT in the performance of said service hereunder. CONSULTANT is solely responsible for all matters relating to the payment of its employees, including compliance with social security and income tax withholding, workers' compensation insurance, and all other regulations governing such matters.

11.NOTICE.

11.1. DELIVERY. Any notices or other official communications required to be given to either party under this Agreement must be in writing, delivered to the addresses set forth below, and will be effective, as follows:
(a) by personal delivery, effective upon receipt by the addressee; (b) by facsimile, effective upon receipt by the addressee, so long as a copy is provided by certified U.S. mail, return receipt requested, postmarked the same day as the facsimile;
(c) by certified U.S. mail, return receipt requested, effective 72 hours after deposit in the mail.

IF TO CITY: IF TO CONSULTANT:

City of Crescent City
Attn: City Manager
377 J Street
Crescent City, CA 95531
PH: (707) 464-7483
Email: [email protected]
Willdan Financial Services
Attn: Chris Fisher
27368 Via Industria, Suite 200
Temecula, CA 92590
Phone: (951) 587-3500
Email: [email protected]

11.2. CHANGE OF ADDRESS. Either party may change its address for notices by complying with the notice procedures in this Section.

12.OWNERSHIP OF MATERIALS. Except for CONSULTANT’s pre-existing property, CITY is the owner of all records and information created, produced, or generated as part of the services performed under this Agreement. At any time during the term of this Agreement, at the request of CITY, CONSULTANT must deliver to CITY all

CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 5 OF 10
writings, records, and information created or maintained pursuant to this Agreement.

The term "writings" in this Section has the same definition as provided in Section 6.2.

Reuse of work products by CITY for any purpose other than that intended under this agreement will be at CITY’s sole risk.

13.BINDING AGREEMENT. This Agreement binds the successors of CITY and CONSULTANT in the same manner as if they were expressly named herein.

14.WAIVER. Waiver by either party of any default, breach, or condition precedent may not be construed as a waiver of any other default, breach, or condition precedent or any other right under this Agreement. The failure of either party at any time to require performance by the other party of any provision hereof will not affect in any way the right to require such performance at a later time.

15.NONDISCRIMINATION.

15.1. COMPLIANCE. CONSULTANT must comply with all federal and state antidiscrimination and civil rights laws. CONSULTANT must not discriminate in the conduct of the work under this Agreement against any employee, applicant for employment, or volunteer because of race, color, creed, religion, national origin, ancestry, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions, gender identity, gender expression, age (40 and above), marital status, sexual orientation, denial of family and medical care leave, medical condition, genetic information, physical or mental disability (including HIV and AIDS), military or veteran status, denial of pregnancy disability leave or reasonable accommodation.

15.2. POSTING. CONSULTANT must post in conspicuous places, available to all employees and applicants for employment, notices that CONSULTANT will provide an atmosphere for employees, clients, and volunteers that is free from harassment or discrimination on the bases set forth above.

16.INSURANCE.

16.1. REQUIRED COVERAGE. CONSULTANT, at its sole cost and expense, must obtain and maintain in full force and effect throughout the entire term of this Agreement the following described insurance coverage with insurers authorized to conduct business in the State of California and with a current A.M. Best’s rating of no less than A:VII, unless otherwise approved by CITY.

POLICY TYPE MINIMUM COVERAGE LIMITS
(a) Workers' Compensation Per California Law

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PROFESSIONAL SERVICES AGREEMENT PAGE 6 OF 10
(b) Employer’s Liability $1,000,000 per accident for
BI/Disease
(c) Automobile Liability
ISO Form # CA 0001
$1,000,000 per accident for BI/PD,
for all owned, non-owned and hired
vehicles
(d) Commercial General Liability
ISO Form # CG 00 01
$1,000,000 per occurrence for
BI/PD, products and completed
operations, personal and advertising
injury; $2,000,000 aggregate
(e) Professional Liability (E&O) $1,000,000 per occurrence or claim; $2,000,000 aggregate

16.2. ADDITIONAL INSURED STATUS. CITY, its elected and appointed officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of CONSULTANT including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’S insurance.

16.3. PRIMARY COVERAGE. For any claims related to this Project, the CONSULTANT'S insurance coverage will be primary insurance as respects CITY, its elected and appointed officials, employees, agents and volunteers.

Any insurance or self-insurance maintained by CITY, its elected and appointed officials, employees, agents or volunteers will be in excess of the CONSULTANT'S insurance and will not contribute with it.

16.4. NOTICE OF CANCELLATION. Each insurance policy required by this Agreement must be endorsed to state that coverage may not be cancelled except after giving prior written notice to CITY.

16.5. WAIVER OF SUBROGATION. CONSULTANT hereby grants CITY a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer.

16.6. SELF-INSURED RETENTIONS. Self-insured retentions must be declared to and approved by CITY. CITY may require CONSULTANT to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language must provide, or

CITY OF CRESCENT CITY
PROFESSIONAL SERVICES AGREEMENT PAGE 7 OF 10
be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.

16.7. CLAIMS-MADE POLICIES. If any of the required policies provide coverage on a claims-made basis, then: (a) the retroactive date must be shown and must be before the commencement of work; (b) insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the work; and (c) if coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the commencement of work, then CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

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