Needles City Council
July 9, 2024

(ACT) ACTION NEEDED
(INF) INFORMATION ONLY
(DIS) DISCRETIONARY
AGENDA

REGULAR MEETING OF THE CITY COUNCIL

NEEDLES PUBLIC UTILITY AUTHORITY

HOUSING AUTHORITY CITY OF NEEDLES

CITY OF NEEDLES, CALIFORNIA
EL GARCES – 950 FRONT STREET, NEEDLES
THE 5:00 P.M. PORTION OF THE CITY COUNCIL MEETING WILL BE RECESSED BY THE CITY CLERK TO 5:30 P.M.

TUESDAY, JULY 9, 2024
COUNCIL EXECUTIVE SESSION – 5:30 PM
CITY COUNCIL MEETING – 6:00 PM

THE PUBLIC MAY ATTEND VIA TEAMS AND MAY SUBMIT ANY COMMENTS IN WRITING PRIOR TO NOON ON THE DAY OF THE MEETING BY EMAILING [email protected] TO JOIN THE LIVE TEAMS MEETING: log into the City of Needles website at www.cityofneedles.com to access the agenda and click here to join the meeting If asked, enter the following: Meeting ID: 800 637 213# OR listen in and participate by calling Teams: 1-323-488-2227 - Meeting ID: 800 637 213# The meetings are being recorded.

CALL TO ORDER

ROLL CALL

RECESS THE CITY COUNCIL MEETING AND CONVENE A JOINT COUNCIL / NPUA MEETING

PUBLIC COMMENTS PERTAINING TO THE EXECUTIVE SESSION ITEMS A three-minute time limit per person has been established.

RECESS TO EXECUTIVE SESSION

EXECUTIVE SESSION
a. (City Council/NPUA) Conference with legal counsel regarding potential initiation of litigation pursuant to Government Code 54956.9(d)(4). One potential case. b. Conference with legal counsel regarding potential litigation pursuant to Government Code Section 54956.9(d)(2).

EXECUTIVE SESSION REPORT - by City Attorney

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

INVOCATION

APPROVAL OF AGENDA

CONFLICT OF INTEREST

CORRESPONDENCE

INTRODUCTIONS
CITY ATTORNEY – Parliamentary Procedures
As a courtesy to those in attendance, we would ask that cell phones be turned off or set in their silent mode. Thank you
PUBLIC APPEARANCE - Persons wishing to address the NPUA / City Council on subjects other than those scheduled are requested to do so at this time. When called by the Mayor, please announce your name and address for the record. In order to conduct a timely meeting, a three-minute time limit per person has been established by Municipal Code Section 2-18. Amendments to the California Government Code Section 54950 prohibits the City Council from taking action on a specific item until it appears on the agenda.

PRESENTATION
Development Management Group, Inc. Economic Development Recap (INF)

PUBLIC COMMENTS PERTAINING TO THE NPUA/COUNCIL ITEMS
A three-minute time limit per person has been established.

NPUA / COUNCIL CONSENT CALENDAR
All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the NPUA / City Council may pull an item from the Consent Calendar for discussion. Prior to NPUA / Council action, a member of the public may address the NPUA / City Council on matters scheduled on the Consent Calendar. A three-minute time limit per person applies. RECOMMENDED ACTION: Approve Items 1 through 5 on the Consent Calendar by affirmative roll call vote (ACT)

1. Accept the annual report to the California Energy Commission Power Disclosure Annual Report for the year ending December 31, 2023

2. Approve the 2021 – 2022 Greenhouse Gas Emissions Allowance and Offset Transaction from CP National and Evo Markets dated June 13, 2024

3. Authorize the Purchase from Pres Tech Equipment Company for a 500 Gallon Vacuum Tank Model# PV500-GHO-W-T not to exceed $91,665.32

4. Approve the Annual Depository Statement and authorize and direct Finance staff to make monthly transfers from NPUA to City accounts to reimburse for the fiscal year 2024-2025 payments for bond debt service, contract services, purchase payments, and reimbursement of non-utility sanitation revenues deposited with the Authority, according to the approved budget.

5. Authorize the City Manager to execute the no charge Premium Support Agreement for the first year and Issue a Notice of Completion to Landis & Gyr

END OF NPUA / COUNCIL CONSENT CALENDAR

ADJOURN THE JOINT NPUA/COUNCIL MEETING AND RECONVENE THE COUNCIL MEETING (Roll Call Previously Taken)

PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS
A three-minute time limit per person has been established.

COUNCIL CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and will be enacted by one motion in the form listed. The Mayor or any member of the City Council may pull an item from the Consent Calendar for discussion. Prior to Council action, a member of the public may address the City Council on matters scheduled on the Consent Calendar. A threeminute time limit per person applies. RECOMMENDED ACTION: Approve Items 6 through 10 on the Consent Calendar by affirmative roll call vote. (ACT)

6. Approve the Warrants Register of June 25 and July 9, 2024

7. Approve the Minutes of June 11, 2024

8. Approve filing of a claim for Local Transportation Fund (LTF) and State Transit Assistance (STA) Funds for the fiscal year 2024-2025

9. Award bid to Superior Paving Company, Inc. DBA United Paving Company for the Community Development Block Grant (CDBG) Flip Mendez Parkway Paving Improvements Project in the amount of $288,472.24 plus 5% contingency for a total project cost of $302,895.85 and authorize staff to execute a Public Works Agreement with United Paving Co. and move forward with the Notice of Award and Notice to Proceed.

10. Accept proposal from Tripepi Smith to provide Marketing and Public Affairs Professional Services for a Not to Exceed amount of $40,000 annually and authorize staff to execute a Professional Services Agreement and Notice of Award for the work.

END OF COUNCIL CONSENT CALENDAR

CITY MANAGER REPORT
City Manager's Updates from June 21 and June 28, 2024

COUNCIL REQUESTS
Council Member Campbell
Council Member McCorkle
Vice Mayor Merritt
Council Member Pogue
Council Member Belt
Council Member Longbrake
Mayor Jernigan

ADJOURNMENT

INTERNET ACCESS TO CITY COUNCIL AGENDAS AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT: http://www.cityofneedles.com Posted: July 3, 2024
SB 343-DOCUMENTS RELATED TO OPEN SESSION AGENDAS -- Any public record, relating to an open session agenda item, that is distributed within 72 hours prior to the meeting is available for public inspection at the City Clerk’s Office, 817 Third Street, Needles, CA 92363.

In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (760) 326-2113 ext 145. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102-104 ADA Title II).

I hereby certify, under penalty of perjury under the laws of the State of California that the foregoing Agenda was posted at El Garces, 950 Front Street, and the front entrance of City Hall not less than 72 hours prior to the meeting.

Dated this 3rd day of July 2024
/s/        Dale Jones, CMC, City Clerk
City of Needles, California
Request for City Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: July 9, 2024
Title: Development Management Group, Inc. Economic Development Recap Background: Development Management Group, Inc. has provided on-call economic development services to the city starting in November 2013. As our economic development consultant, DMG, Inc. has worked collaboratively with the City Council and City Staff to attract businesses to our community. DMG, Inc. has successfully recruited Dollar General, AutoZone, Hampton Inn and others to the City of Needles.

DMG, Inc. continues to represent the City at numerous events throughout the year. This past May, DMG, Inc. hosted a booth at ICSC 2024 in Las Vegas and worked to attract retailers to the City of Needles along with Councilmembers Longbrake, McCorkle, and Pogue.

Fiscal Impact: N/A
Environmental Impact: N/A
Recommended Action: Information Only
Submitted By: Michael Bracken, Development Management Group City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:

Agenda Item: ____________
7/3/2024
City of Needles, California
Request for Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: July 9, 2024
California Energy Commission Calendar Year (CY) 2023 Power Source Annual Reporting
Background: The Power Source Annual Reporting was established to provide "accurate, reliable, and simple-to-understand information on the sources of energy that are used to provide electric services" to California consumers.

AB 1110 (Ting, Chapter 656, Statutes of 2016), signed by Governor Brown in September 2016, requires that retail electricity suppliers additionally disclose to consumers the greenhouse gas emissions intensity of the supplier's electric service products. This modification to the program will improve transparency for consumers and strengthen the Power Source Disclosure and the Power Content program's relevance to California's climate change activities.

The City of Needles 2023 Power Source Disclosure Reporting. Total retail sales in calendar year 2023 were 80,333 (MWh), of which 36.8 % were supplied by the Parker-Davis Project and the remaining 63.2% by nuclear and unspecified power sources. The Board of Public Utilities approved the recommended action on July 2, 2024.

Fiscal Impact: None
Environmental Impact: CY 2023 reported 597 GHG Emissions Recommended Action: Accept the annual report to the California Energy Commission Power Disclosure Annual Report for the year ending December 31, 2023
Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:

Agenda Item: ____________
7/3/2024
Title:

DocuSign Envelope ID: 1298AA91-1DFB-4887-90AA-1D861763294D DocuSign Envelope ID: 1298AA91-1DFB-4887-90AA-1D861763294D DocuSign Envelope ID: 1298AA91-1DFB-4887-90AA-1D861763294D DocuSign Envelope ID: 1298AA91-1DFB-4887-90AA-1D861763294D

APPROVALS
OriginatorLegalRiskCreditContracts
Standard

APPROVALS
OriginatorRiskCreditContracts
Energy Plan

APPROVALS
OriginatorLegalEnvironmentRiskCreditContracts
VPPA

APPROVALS
OriginatorLegalContracts
NDA / Amending Agreement

APPROVALS
Contracts
Documentation

APPROVALS
Originator
DocuSign Envelope ID: 1298AA91-1DFB-4887-90AA-1D861763294D Laurence Smith
6/13/2024
Director, Commodities, ON/US

ANNUAL DEPOSITORY STATEMENT

FOR FISCAL YEAR
2024 - 2025

DEBT SERVICE
PAYMENT DATE July 15, 2024

1. 721,200 $ Bi-Annual Debt Service on the Bonds due 08/01/24 PAYMENT DATE January 15, 2025

2. 721,200 $ Bi-Annual Debt Service on the Bonds due 02/01/25

OPERATIONS & MAINTENANCE
PAYMENT DATE July 31, 2024

1. 1,693,379 $ for the period July 1 - 31, 2024 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period July 1 - 31, 2024 for Purchase Payments;

3. 156,302 $ for the period July 1 - 31, 2024 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) PAYMENT DATE August 31, 2024

1. 1,524,041 $ for the period August 1 - 31, 2024 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period August 1 - 31, 2024 for Purchase Payments;

3. 140,671 $ for the period August 1 - 31, 2024 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) PAYMENT DATE September 30, 2024

1. 1,693,379 $ for the period September 1 - 30, 2024 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period September 1 - 30, 2024 for Purchase Payments;

3. 156,302 $ for the period September 1 - 30, 2024 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) PAYMENT DATE October 31, 2024

1. 1,693,379 $ for the period October 1 - 31, 2024 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period October 1 - 31, 2024 for Purchase Payments;

3. 156,302 $ for the period October 1 - 31, 2024 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) 6/21/2024 Page 1 of 3
.

PAYMENT DATE November 30, 2024

1. 1,354,703 $ for the period November 1 - 30, 2024 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period November 1 - 30, 2024 for Purchase Payments;

3. 125,041 $ for the period November 1 - 30, 2024 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) PAYMENT DATE December 31, 2024

1. 1,524,041 $ for the period December 1 - 31, 2024 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period December 1 - 31, 2024 for Purchase Payments;

3. 140,671 $ for the period December 1 - 31, 2024 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) PAYMENT DATE January 31, 2025

1. 1,185,365 $ for the period January 1 - 31, 2025 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period January 1 - 31, 2025 for Purchase Payments;

3. 109,411 $ for the period January 1 - 31, 2025 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) PAYMENT DATE February 28, 2025

1. 1,016,028 $ for the period February 1 - 28, 2025 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period February 1 - 28, 2025 for Purchase Payments;

3. 93,780 $ for the period February 1 - 28, 2025 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) PAYMENT DATE March 31, 2025

1. 1,185,365 $ for the period March 1 - 31, 2025 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period March 1 - 31, 2025 for Purchase Payments;

3. 109,411 $ for the period March 1 - 31, 2025 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) PAYMENT DATE April 30, 2025

1. 1,185,365 $ for the period April 1 - 30, 2025 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period April 1 - 30, 2025 for Purchase Payments;

3. 109,411 $ for the period April 1 - 30, 2025 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) 6/21/2024 Page 2 of 3
.

PAYMENT DATE May 31, 2025

1. 1,185,365 $ for the period May 1 - 31, 2025 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period May 1 - 31, 2025 for Purchase Payments;

3. 109,411 $ for the period May 1 - 31, 2025 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) PAYMENT DATE June 30, 2025

1. 1,693,379 $ for the period June 1 - 30, 2025 for Utility Operations and Maintenance (See Note 2);

2. 55,536 $ for the period June 1 - 30, 2025 for Purchase Payments;

3. 156,302 $ for the period June 1 - 30, 2025 for reimbursement of non-utility Sanitation Revenues deposited within the Authority (See Note 1.) Note 1 Sanitation charges are included in the customer's bills for utility, and therefore, the non-utility Sanitation revenues are included in the utility revenue deposits made to the Depository, on behalf of the Authority. This payment transfers Sanitation revenues back to the City.

Note 2 The Utility Operations and Maintenance figures are based on history of fiscal year expenses, as reflected in the current year budget.

NEEDLES PUBLIC UTILITY AUTHORITY
President

CITY OF NEEDLES, CALIFORNIA
Mayor
6/21/2024 Page 3 of 3
.

City of Needles, California
Request for Council Action
CITY COUNCIL NPUA Regular Special
Meeting Date: July 9, 2024
Title: Authorize the City Manager to execute the Premium Support Agreement and Issue a Notice of Completion to Landis & Gyr Background: The City of Needles requested proposals in 2021 to install automatic water and electric meters. Landis & Gyr was awarded the contract in 2021. Due to long lead times, the project was delayed and took over two years to complete.

As of June 30, 2024, over 2,650 meters, six (6) gateway collectors, 12 routers, and 1,944 modules have been installed. The Needles Public Utility Authority has automated 90% of the electric meters, with the remaining 10% to be installed by staff due to their complexity requiring power shutoffs. Similarly, the water department has automated 90% of the meters, with the remaining 10% to be installed by staff due to their large size.

Landis & Gyr offered the City of Needles a year of premium support free of charge due to multiple issues over the installation term. This service is free of charge, and it will assist staff in completing the meter installation.

Fiscal Impact: There is no charge for the premium support for the first year and will be canceled before the second year.

Environmental Impact: N/A
Recommended Action: Authorize the City Manager to execute the no charge Premium Support Agreement for the first year and Issue a Notice of Completion to Landis & Gyr
Submitted By: Rainie Torrance, Utility Manager
City Manager Approval: Date:

Other Department Approval (when required): Date:

Approved: Not Approved: Tabled: Other:

Agenda Item: ____________
7/3/2024
Statement of Work
AMI Premium Support Services
Service Part Number: SERV-AMI-PRSUP
Version: 1.0
Date: 4/5/2024
Prepared for: City of Needles
CRM Opportunity #: < TBD >

Confidentiality
This SOW contains information that constitutes the proprietary and confidential information of Landis+Gyr. Accordingly, the use or disclosure of all such information is subject to the limitations and requirements set forth in the Terms section of this Statement of Work.

Copyright
© 2024, Landis+Gyr All rights reserved.

Gridstream, Gridstream Command Center, Gridstream Meter Data Management System (MDMS), Gridstream SmartData Connect, Gridstream Integration Suite, Landis+Gyr Advanced Grid Analytics (AGA), and Landis+Gyr SCADA Center are trademarks of Landis+Gyr.

Document History
Author(s) and Contact Information
Name Position Email Telephone
Revision History
Version Date Changes Reason

1.0 4/5/2024 Standard scope of work
Table of Contents

1. Overview of Services.............................................................................................................................7

1.1 Purpose .........................................................................................................................................7

1.2 Scope.............................................................................................................................................7

1.3 Resources......................................................................................................................................7

1.4 Customer Relationship Management (CRM)................................................................................8

1.5 Remote or On-Site Support...........................................................................................................8

1.6 Service Exclusions .........................................................................................................................9

2. Responsibilities ...................................................................................................................................10

2.1 Customer Responsibilities...........................................................................................................10

2.2 Landis+Gyr Responsibilities.........................................................................................................10

2.3 Incident Management.................................................................................................................10

2.4 Customer Escalation Contact Information and Flows.................................................................12

2.5 Customer /Landis+Gyr Contact Information...............................................................................12

3. Terms ..................................................................................................................................................13

3.1 Confidentiality.............................................................................................................................13

3.2 Term and Termination ................................................................................................................14

3.3 Change Management..................................................................................................................14

3.4 Definitions...................................................................................................................................14

3.5 Representation and Warranty ....................................................................................................16

3.6 Disclaimer of Warranties ............................................................................................................16

3.7 Limitation of Liability...................................................................................................................16

3.8 Intellectual Property ...................................................................................................................16

3.9 Notices ........................................................................................................................................17

3.10 Force Majeure.............................................................................................................................17

3.11 Relationship of the Parties..........................................................................................................17

3.12 No Third-Party Beneficiaries.......................................................................................................17

3.13 Survival........................................................................................................................................17

3.14 Miscellaneous .............................................................................................................................17

4. Pricing..................................................................................................................................................19

4.1 Pricing Clarifications....................................................................................................................19

5. Approval Signatures............................................................................................................................20

6. Appendix A – Service Levels................................................................................................................21 Table of Tables
Table 1 Fees ...............................................................................................................................................19 Table 2 Service Levels................................................................................................................................21

1. Overview of Services

1.1 Purpose
This Statement of Work (“SOW”) defines a business transaction between City of Needles (“Customer”) and Landis+Gyr in which the latter will provide services (“Services”) related to a specific Landis+Gyr standard service offering or a customized service. This document establishes the scope for the Work to be performed; defines the context of the Services; describes specific tasks, activities, and deliverables; and identifies responsibilities for both parties.

1.2 Scope
Customer is obtaining Premium Support for the AMI System provided by Landis+Gyr for the fees set forth this SOW. Therefore, only Software obtained directly from Landis+Gyr is covered under the terms of this SOW. Further, Landis+Gyr is under no obligation to support Software that has been modified without Landis+Gyr’s consent or authorization. Should Landis+Gyr decide to provide support for Software modified without the consent or authorization of Landis+Gyr, said support would require an additional support fee.

1.3 Resources
If Customer is unable to establish a positive working relationship with a member of the Landis+Gyr staff providing Premium Support after good faith efforts to do so, Customer may request that Landis+Gyr replace that staff member. Landis+Gyr agrees not to unreasonably withhold consent to making such a replacement.

1.3.1 Designated Technical Resource
Landis+Gyr will provide a single point of contact (the “Designated Technical Resource “) during Business Hours for technical related support issues. Where an Issue occurs outside of Business Hours, Customer agrees to follow the Landis+Gyr 24x7 Customer Support Desk procedure, which is defined in Section 1.3.2 below.

Landis+Gyr will assign the Designated Technical Resource upon a mutually executed agreement.  Serve as the Designated Point of Contact, remotely as specified within this SOW.  Provide tracking of and routine updates on AMI cases.  Perform initial risk assessment of the solution when issues are identified with adjacent systems.
 Perform initial troubleshooting with in-depth solution knowledge.  Assist with configuration management and necessary adjustments for refined business processes, new product releases, etc.
 Coordinate and manage escalated issues with internal Landis+Gyr teams.  Provide best practices (queries, processes, procedures) designed for your specific utility.
 Deliver monthly AMI System performance reports to Customer (for SaaS accounts only).
 Record and track the current status of pending Change Requests.  Conduct routine operational review meetings with Customer.  Support future planning of AMI enhancements.
 Planning and execution of firmware upgrades (once per calendar year post Command Center upgrade).
 Monthly delivery of all Landis+Gyr documentation changes.  Proactively assist with configuration management and system adjustments for new business processes/product releases.
 Structured after hours support process for planned system maintenance.

The escalation process for Incidents not resolved in the timeframe outlined in this SOW is defined in Section 2.4 below.

1.3.2 Customer Support Desk
In the event it is after hours or the Designated Technical Resources is unavailable, Landis+Gyr will provide a 24x7 designated Customer Support Desk mechanism that will act as the point of contact for Customer to report Incidents and make Service Requests. The Customer Support Desk will be the owner of Incidents until successfully closed. The designated phone number for the Customer Support Desk is 1-888-390-5733.

The Customer Support Desk will take responsibility for recording and managing all Incidents are recorded and managed to successful closure and will provide resources to deal with User enquiries and to handle Customer requests for change. The Customer Support Desk will monitor the timely handling of the Incident by each assigned Resolver Group initiating escalation actions as required.

The Customer Support Desk will route phone calls to key support team members assigned specifically to the Customer account. In addition, Landis+Gyr will assign specific technical support individuals to Customer and provide priority field visits as necessary.

1.4 Customer Relationship Management (CRM)
Customer will have access to a customized dashboard through a web portal, which will contain account management information such as:
 Incident tracking to include the ability to enter Incidents directly to Landis+Gyr.  Service Level Agreement tracking; customized performance reporting via web portal on a monthly basis.
 Option of integration through an API interface.

1.5 Remote or On-Site Support
The work defined within this agreement which will be provided by Landis+Gyr to Customer is remote.

For remote support provided by Landis+Gyr, Customer must provide consistent remote access for delivery of services described in this SOW. Landis+Gyr will coordinate with Customer to discuss level of access required and test connectivity immediately after agreement. If on-site support is required, Customer will be responsible for the associated travel and expense costs in addition to the pricing quoted in this SOW.

1.6 Service Exclusions
The following items are excluded from the Premium Support Services and are considered out-ofscope for Landis+Gyr as part of this Statement of Work:
 Hardware, software and network owned, maintained, operated, managed, or procured by Customer (or its third-party supplier, or an agent of Customer).  The introduction of viruses to the Customer network is beyond the reasonable control of Landis+Gyr.
 Loading and maintaining all current Software, backing up Software, applications, and data for disaster recovery purposes, as well as Software administration. Customer is also responsible for database administration and maintenance to include partitioning, statistics gathering, and purging of data is also excluded.
 All third-party products and services, whether or not Landis+Gyr recommended them or assisted in their evaluation or selection (i.e., Microsoft SQL server) unless provided and supported by Landis+Gyr.
 Supply or field installations, replacement, maintenance of AMI System hardware necessary to support the AMI System performance outside of the scope of this SOW.  Circumstances outside of Landis+Gyr’s reasonable control.  Items that require Implementation Services to fulfill. Such services will require a separate, project-based statement of work, unless otherwise already included in the scope of some other agreement between Customer and Landis+Gyr.
 Requests for the Designated Technical Resources to provide services and technical support that is not explicitly described or in alignment with the prior section scope of responsibilities.

2. Responsibilities

2.1 Customer Responsibilities
Customer shall ensure that all Customer users and authorized representatives adhere to the Customer responsibilities defined in this SOW. Failure to do so will mean that Landis+Gyr cannot be held to the terms of this SOW that are directly affected by such failure on the part of Customer or their Users.

Customer responsibilities and/or requirements in support of this SOW include (at Customer cost):
 Provide or acquire all necessary levels of appropriate training to users should Landis+Gyr determine that lack of training is a contributing factor to the occurrence of system support Incidents.
 Report Incidents to Landis+Gyr as soon as they occur with full details, where known.  Submit Change Requests to Landis+Gyr, with a clear definition of requirements.  Assign appropriate priority to Incidents and/or Service Requests  Notify Landis+Gyr prior to any scheduled downtime on any direct or ancillary systems that could impact services provide by the Landis+Gyr AMI System.

2.2 Landis+Gyr Responsibilities
Landis+Gyr’s responsibilities during the delivery term of this SOW are to:
 Meet the established Service Levels contained in this SOW.  Perform data gathering and reporting, including:
 Gathering performance data relating to all Service Levels.  Keep records on the current status of outstanding Change Requests.

2.3 Incident Management
Landis+Gyr will provide formal Information Technology Infrastructure Library (ITIL) compliant Incident Management.

Incident Management is triggered by a User reporting the Incident to the Customer Support Desk.

The Customer Support Desk will perform the following actions for reported Incidents:
 Log and categorize reported Incidents.
 Track the Incident through to resolution.
 Provide status updates to Users.
 Engage appropriate Incident resolution resources.
 Escalate to appropriate Resolver Groups and levels of support.  Dispatch a Resolver Group where applicable.
 Identify known errors and repetitive Incidents, providing a work-around where applicable.  Verify closure with the User[s] and where applicable, obtain Customer concurrence for Incident closure.
 Respond to User queries regarding Incidents.
 Initiate escalation procedures for critical situations.  Close the Incident Request record and document the resolution of the Incident.

2.3.1 Incident classification and notification
When an Incident is reported to the Customer Support Desk, it is recorded in a problem tracking system, regardless of whether the Incident is resolved immediately or requires further action.

Landis+Gyr generates a number for the case, and as part of the problem reporting process, the Customer Support Desk analyst and the User will agree on an assigned severity level, indicating its impact on Customer work. The goal of prioritization and escalation is to assure delivery of prompt service as agreed upon and to offer a mechanism to accelerate support for high-priority issues and to provide a map of escalation, if required.

In support of the services outlined in this SOW, Landis+Gyr will respond to service-related Incidents and/or requested submitted by Customer within the following timeframes to ensure optimal Service Level provision to Customer. (See Appendix A).

2.3.2 Incident Resolution
Landis+Gyr shall perform the following activities when required to resolve Incidents:
 Investigate and diagnose the cause of Incidents.
 Take appropriate actions to resolve Incidents.
 Ensure that other related activities are reported and recorded by the Customer Support Desk.
 Generate periodic reports on responses to Service Levels, shown in Appendix A, for Customer, upon request.

Upon notification of an Incident by a User to the Customer Support Desk, remote management tools may be used to assist in analyzing and resolving the Incident during the term of this SOW.

Customer agrees to provide Landis+Gyr with access to Customer network system to install and use remote access software (“Remote Access Software”), or VPN access if not already in place between Landis+Gyr and Customer. The Remote Access Software contains technological measures designed to collect and transmit to Landis+Gyr certain diagnostic, technical, usage and related information, including information about Customer computers, systems, network and any third-party products, relating to or derived from Customer use of the Software. Customer acknowledges and agrees that Landis+Gyr and its authorized representatives may collect, maintain, process and use this information in the course of performing the services under this SOW.

2.4 Customer Escalation Contact Information and Flows
If an Incident is not resolved in accordance with the Service Level Agreement set forth in Table A below, the Customer Support Desk shall provide regular on-going status updates to the Customer following agreed upon procedures.

The Customer Support Desk may trigger escalation procedures when an Incident resolution time is in danger of exceeding the Service Level Agreement threshold defined in this SOW.

The objectives of the escalation procedures are to ensure that:
 The fault is rectified as quickly as possible.
 All necessary measures are taken to minimize any disruption to Customer operations.  If a fault cannot be rectified within pre-determined periods, affected Users will be notified of the Incident and the progress of its resolution.
 Appropriate and progressively more senior, Landis+Gyr staff members are made aware of the fault and the actions being taken for resolution.
 Appropriate resources are allocated as necessary to assist the resolution effort.

At each level of escalation, Landis+Gyr and Customer will work in good faith to resolve the issue. If after a reasonable time, considering the severity of the issue, Customer is not reasonably satisfied with the current Landis+Gyr response, Customer may ask for the case to be escalated to the Landis+Gyr support management and executive teams.

2.5 Customer /Landis+Gyr Contact Information
Landis+Gyr and Customer will provide each other with all of the required contact information for all personnel necessary to perform the obligations under this SOW.

3. Terms

3.1 Confidentiality

1. Landis+Gyr, its affiliates, and Customer may exchange Confidential Information (as defined herein) with each other, and each party shall take all reasonable precautions to prevent such Confidential Information from being disclosed to third parties, including officers and employees not having a legitimate need for the information, and shall not disclose any Confidential Information to third parties unless the discloser of such Confidential Information has consented to disclosure in writing. These non-disclosure obligations shall survive the termination of this SOW and shall continue for a period of five (5) years thereafter. Information need not be marked “Confidential” to be considered Confidential Information. “Confidential Information” includes any Confidential Information disclosed prior to the Effective Date of this SOW.

2. No Rights in Confidential Information. Customer and Landis+Gyr hereby acknowledge and agree that all Confidential Information of the other party shall remain the sole and exclusive property of such other party and that the receiving party shall have no proprietary rights, title, or interests therein except as otherwise provided in this SOW.

3. Termination. Upon termination for any reason, or at any other time that Customer or Landis+Gyr demands, the other party shall promptly deliver and/or certify destruction of Confidential Information, as appropriate, to the requesting party all Confidential Information (copies and originals) of the requesting party as may be in the other party’s possession or under its control.

4. Non-Confidential Information. Notwithstanding the definition of Confidential Information, the following information shall not be considered Confidential Information:
a. Information which is already generally available to the public. b. Information which hereafter becomes generally available to the public, except as a result of the direct or indirect action of the receiving party in breach of this SOW. c. Information known to the receiving party on a non-confidential basis prior to receipt by the disclosing party.
d. Information that is independently developed without access to the disclosing party's Confidential Information; and
e. Information disclosed under legal compulsion; provided, however, that prior to a disclosure pursuant to an order or applicable law, the receiving party, to the extent permitted by law, promptly provides the other party written notice of such proposed disclosure and reasonably cooperates with the other party in its attempts to limit or prevent such disclosure.

3.2 Term and Termination
This SOW shall become effective on the last signature date below and continue in full force and effect until the earlier of (i) the completion of the Services described herein or (ii) twelve (12) months (the “Term”), unless otherwise extended or terminated in accordance with the terms herein.

Either party may terminate this SOW upon sixty (60) days prior written notice to the other party for failure of such party to fulfill any of its material obligations hereunder. In the event that the breaching party corrects the breach within the sixty (60) day period, this SOW shall continue in full force and effect as it would have had such breach not occurred. Failure to perform due to force majeure shall not be considered a substantial or material default under this SOW.

3.3 Change Management
If changes are requested by either party following the Effective Date, the requesting party (Requester) shall provide a request to the other party (Requestee) in writing. The Requestee will analyze the impact and inform the requester of any impacts to cost, schedule, and other implications to perform the change. If both parties mutually agree to the written change request, it will be considered a Change Order, deemed an amendment to this SOW, and incorporated into this SOW by reference. Execution of the requested work cannot begin until both parties have accepted the Change Order in writing.

3.4 Definitions

1. AMI System defined as the Advanced Metering Infrastructure hardware and Software provided by Landis+Gyr or its representative. These items include AMI, AGA, ALM, DA, Streetlights.

2. Business Hours are defined as 8:00 AM– 5:00 PM Central Standard Time, Monday through Friday.

3. Case means a communication from Customer to Landis+Gyr through the case tracking mechanisms of Landis+Gyr reporting a suspected Defect or other problems/questions Customer is having with the AMI System.

4. Customer Support Desk defined as the group provided by Landis+Gyr for Customer to report Incidents and to make Service Requests.

5. Custom or Customization means a modification or a unique service offering that is made available in response to a Customer request for a particular feature, functionality, or interface that is not already included in a Landis+Gyr commercially available, standard product or service offering.

6. Documentation means all manuals, instructions, specifications and other documents and materials that Landis+Gyr provides or makes available to Customer in any medium and which describe the functionality, components, features or requirements of the Software, including any one or more of installation, configuration, integration, operation, use, support or maintenance thereof.

7. Implementation Services means Landis+Gyr services that are provided to a Customer outside the scope of Premium Support. Examples of Implementation Services include, but are not limited to, performing software upgrades, software changes or enhancements, new software installations, new integrations, and Customizations.

8. Incident defined as any event that is not part of the standard operation of the Service and which causes, or may be expected to cause, an interruption to the Service or a degradation of the Service.

9. Incident Management defined as the investigation and resolution of a problem that has caused (or may be expected to cause) a major Incident or a number of smaller Incidents.

10. Incident Request defined as requests for service due to an Incident.

11. Premium Support defined as the responsibilities described in this SOW that is carried out by Landis+Gyr and the Designated Technical Resource.

12. Resolver Group defined as one of a number of specialist teams, within Landis+Gyr or contracted to Landis+Gyr, which may be assigned work in order to resolve an incident or to investigate a problem.

13. Service Levels defined as the standards of service detailed in Table A of this SOW.

14. Service Requests defined as Customer requests for additional services beyond Incident resolutions.

15. Services defined as support services for the Software to be provided by Landis+Gyr to Customer as set forth in this SOW.

16. Software defined as the computer application and programs, in object code, that Customer licenses from Landis+Gyr or provided remote access to by Landis+Gyr as software as a service to the Customer, under a separate agreement.

17. User defined as the staff of Customer or third parties working under the control of Customer making use of the Service.

3.5 Representation and Warranty
Landis+Gyr warrants that it will provide Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with the prevailing standards of its industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement. The Services warranty period shall be ninety (90) days after performing a service. In the event of a breach of this warranty, Landis+Gyr shall re-perform the Services in a manner consistent with this warranty and cure such breach within thirty (30) days after written notice.

3.6 Disclaimer of Warranties
Except for the warranty set forth in section above, Landis+Gyr makes no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party, whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.

3.7 Limitation of Liability
In no event shall Landis+Gyr be liable to Customer or to any third party for any loss of use, revenue or profit or loss of data, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose. In no event shall Landis+Gyr’s aggregate liability arising out of or related to this SOW, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to Landis+Gyr pursuant to this SOW. The limitation of liability shall not apply to liability resulting from Landis+Gyr’s gross negligence or willful misconduct or death or bodily injury resulting from Landis+Gyr’s negligence acts or omissions.

3.8 Intellectual Property
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product and other materials that are delivered to Customer under this SOW or prepared by or on behalf of Landis+Gyr in the course of performing the Services (collectively, the “Deliverables”) except for any Confidential Information of Customer or Customer materials shall be owned by Landis+Gyr. Landis+Gyr hereby grants Customer a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, nontransferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.

3.9 Notices
Notices shall be in writing (and may be by electronic email if specifically acknowledged or confirmed by recipient) and shall be by certified United States mail (return receipt requested), by guaranteed overnight delivery, by courier, or by confirmed facsimile. Addresses shall be provided to Customer and Landis+Gyr upon request.

3.10 Force Majeure
Landis+Gyr shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this SOW, for any failure or delay in fulfilling or performing any term of this SOW when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Landis+Gyr including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce).

3.11 Relationship of the Parties
Landis+Gyr shall not be liable or responsible to Customer, nor be deemed to have defaulted or breached this SOW, for any failure or delay in fulfilling or performing any term of this SOW when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Landis+Gyr including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce).

3.12 No Third-Party Beneficiaries
This SOW is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these terms.

3.13 Survival
Provisions of these terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this SOW including, but not limited to, the following provisions:

Confidentiality, governing law, Limitation of Liability and Survival.

3.14 Miscellaneous

1. This SOW sets forth the entire understanding and agreement between the customer and Landis+Gyr with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.

2. The customer may not assign this SOW without Landis+Gyr’s consent, and no amendment or modification to this SOW shall be of any force or effect unless memorialized in a written amendment hereto signed by both parties.

3. This SOW shall be governed by the laws of the State of Georgia, without regard to its conflict of laws rules, and, in the event of any legal dispute or adjudication, the parties agree to the exclusive venue of the appropriate federal or state court in the State of Georgia.

4. Pricing
Landis+Gyr will provide Premium Support Services for the scope as defined in this SOW for the fees as shown below for each twelve (12) months of services. Pricing is waived for the initial first year Term and is subject to CPI increases with each annual renewal Term thereafter.

Table 1 Fees
# Year Payment
1 Premium Support for Year 1 Waived
2 Premium Support for Year 2 $28,875.00
3 Premium Support for Year 3 $30,318.75
Total $59,193.75
If Customer chooses to accept this SOW:
a. Customer shall sign, date, and return this document to Landis+Gyr; b. Landis+Gyr will invoice Customer as follows within thirty (30) days of the start of Landis+Gyr’s Responsibilities as defined within this SOW (Customer can choose to be billed on a monthly or annual basis);
c. The Customer shall pay such an invoice within thirty (30) days after it is received. d. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.
e. All pricing is in U.S. Dollars. If this SOW remains unsigned by both parties, the work and pricing is only valid for sixty (60) days from the document date.
f. Travel expenses are out of scope and not included in the quoted costs.

4.1 Pricing Clarifications
Landis+Gyr can offer additional services to Customer that are not included this SOW. Pricing for such additional services will be dependent on mutually developing and executing a separate statement of work. Landis+Gyr can also offer ad-hoc services to meet various Customer needs, based on the current Landis+Gyr hourly rate card, and provided such needs do not require Implementation Services to fulfill. Landis+Gyr will only proceed with such ad-hoc services upon written approval from Customer and alignment of resources.

5. Approval Signatures
Approval Signatures confirm that Landis+Gyr and City of Needles agree to abide to the scope of services and pricing as defined herein.

Landis+Gyr Approver 1:

Printed Name
Signature Date
Landis+Gyr Approver 2:

Printed Name
Signature Date
City of Needles Approver:

Printed Name
Signature Date

6. Appendix A – Service Levels
Table 2 Service Levels
Severity Description Target Response
Time
Status
Critical - 1 A Severity 1 (Critical) item encompasses the following:
 The production AMI system is completely down or
unavailable.
 Affects multiple users and halts or severely impacts
the ability to conduct business critical functions such as Billing and Field Operations.
1 hour or less Within 4-8 hours
High - 2 A Severity 2 (High) item encompasses the following:
 The production or non-production AMI System is
functioning, but core business operations are highly
impacted.
 Impacts individual or small work group. Normal
operations may be degraded but can continue.
 Capabilities are limited or unstable with major,
periodic interruption and/or impacts to contracted
service level agreements.
4 hours or less 1 business day
Medium - 3 A Severity 3 (Medium) item does not require immediate remedial action and encompasses the following:
 Informational type requests or analytical inquiries.
 The production or non-production AMI System is
functioning, but capabilities are moderately
impacted.
 There is medium-to-low impact to core operations,
but business functions can continue.
 Non-emergency issues.
1 business day 3 business days
Low - 4 A Severity 4 (Low) item is a general usage question, request for information, reporting of an error that is
cometic in nature, or recommendation for a future
product enhancement or modification. There is low-to-no impact on the business or the performance or
functionality of the system.
2 business days 6 business days
City Of Needles - OTA-ATR
Date: 5/02/2024
2 |© Landis+Gyr 2023 | Proprietary + Confidential
L+G & Customer attendee list
Landis + Gyr
PM Tyler Hurd
Premium Support Sheila Jones
Technical Implementation Manager Brian Strand
Business Integration Brice Campbell
I form Integration Jon Walter
Operations Director Dave Lekatz
Sales Account Representative Chris Clark
Needles
AMI Rainie Torrance
3 |© Landis+Gyr 2023 | Proprietary + Confidential
Solution and project summary
Item
Contracts EXAMPLE:

MSA, SaaS, Software Support and Maintenance, etc. Work with CAR to ensure the appropriate contracts are listed in the account information in CRM Solution EXAMPLE:

RF Mesh + Water
Hardware Quantities EXAMPLE:

Number of installed Gateways/Collectors - 5______
Number of installed Routers – _12_____
Number of installed Meters - _3060_____
Number of installed modules (G and/or W) – _1833_____
EXAMPLE:

Number of contracted Gateways/Collectors - _6_____
Number of contracted Routers – __12____
Number of contracted Meters - _2,650_____
Number of contracted modules (G and/or W) – 1,944______ Software installed EXAMPLE:

CC version 8.3 installed
MDMS version XX and modules installed
DAGW version XX installed
AGA version XX and modules installed
EXAMPLE (indicate if SaaS or On Prem):

CC version 8.3 contracted
MDMS version XX and modules contracted
DAGW version XX contracted
AGA version XX and modules contracted
Services Included
(Match up with
contract pricing table
Service line items)
EXAMPLE:

Project delivery services 20 months
Network deployment classroom training completed
Command Center classroom training completed
Number of online training credits completed: XX
EXAMPLE:

Project delivery services 12 months contracted
Network deployment classroom training contracted
Command Center classroom training contracted
Number of online training credits contracted 40
Future Sales
Opportunities
DA
4 |© Landis+Gyr 2023 | Proprietary + Confidential
Network Design Map
5 |© Landis+Gyr 2023 | Proprietary + Confidential
SLA/LD and Warranty Summary (If applicable)
Questions Answers (PM Guidance Notes in Yellow)
Note any SLAs or LDs that apply to the customer (to be used by the Service Desk). • n/a Note if non-standard warranty terms exist for Software, Hardware, or Services, or paste into blank slide for review. Write N/a if not applicable. • Software warranty in the SaaS or Software Agreement – standard is 90 days • Hardware warranty in the MSA – standard is 18 months
• Services warranty in the MSA – standard is 30 days
• CAR enters hardware warranty terms into Magellan for Reynosa Note the terms of any excessive-failure clause if one exists for the contract or paste into a blank slide for review. Write N/a if not applicable. • From MSA
Who owns the warranty process, L+G, or the Distributor? If it is the Distributor confirm that you have validated this with them.
• Discuss with Distributor and Sales to understand role of each party in managing warranty process.

Yes/Zia Electric
Note any non-standard RMA terms or paste into a blank slide. Write NA if not applicable. • Standard – Notification within 90d, repair/return within 90d Note if RMAs will take place directly with L+G or with the Distributor. If with the Distributor confirm that you have validated this with them. • Discuss with Distributor and Sales to understand role of each party in managing warranty process.

Yes/Zia Electric
Confirm that you have discussed the RMA process with the customer • Yes/Zia Electric Indicate ordering path and Insite access required. • Through a distributor Zia Electric Confirm customer has been trained on order entry process in Insite. • Yes/Via Zia Electric Note any data privacy requirements, L+G system access that needs to be removed, customer data files that need to be destroyed.
• n/a
6 |© Landis+Gyr 2023 | Proprietary + Confidential
ServiceNow, Insite, Tools Portal, & Vodafone Portal Access User Accounts Requested for Service
Now?
Name/Email
Yes Rainie Torrance
<[email protected]>
User Accounts Requested for Insite? Name/Email
Yes Rainie Torrance
<[email protected]>
User Accounts Requested for Tools
Portal?
Name/Email
Yes Rainie Torrance
<[email protected]>
User Accounts Requested for Vodafone
Portal? (If applicable)
Name/Email
No
Call Validation Number
#######
User Accounts Requested for CIL/CSA? Name/Email
Yes Rainie Torrance
<[email protected]>
7 |© Landis+Gyr 2023 | Proprietary + Confidential
Outstanding ServiceNow cases overview
ServiceNow ID Case Summary Severity Current Owner Case Age 8 |© Landis+Gyr 2023 | Proprietary + Confidential
Customer contacts / Customer satisfaction survey notification Name Title Email Training Completed Send Customer
Satisfaction Survey?
Notification of NOC
Outages
Rainie Torrance AMI Admin Rainie Torrance
<[email protected]
om>
CC and network deployment Yes Yes
N/A Command
Center
Admin
N/A CC Yes Yes
Utility Utility Group Email
(Preferred)
Yes/No Yes/No
CSA Contact Email (if applicable) Yes/No Yes/No
Product Delivery Survey
Contact
Email (if applicable) Yes/No Yes/No
Email (if applicable) Yes/No Yes/No
Email (if applicable) Yes/No Yes/No
9 |© Landis+Gyr 2023 | Proprietary + Confidential
Completed Sales Order Delivery Report Snapshot
10 |© Landis+Gyr 2023 | Proprietary + Confidential
Open Orders Report Snapshot
11 |© Landis+Gyr 2023 | Proprietary + Confidential
CRM forecast review

INSERT CRM FORECAST SNAPSHOT AND BE SURE TO REVIEW ANY ITEMS THAT MIGHT CHANGE, SUCH AS DELAY IN ORDER PLACEMENT, QUANTITY DISBURSEMENT, ETC. (MINIMUM 120-DAY VIEW). ALSO PROVIDE A SCREENSHOT OF THE FORECAST BEING ASSIGNED BACK TO THE CORRECT SALES DIRECTOR.
12 |© Landis+Gyr 2023 | Proprietary + Confidential
Project highlights, lowlights and lessons learned
HIGHLIGHTS:

GOOD CUSTOMER TECH KNOWLEDGE AND WILLINGNESS TO TROUBLESHOOT LOWLIGHTS (I.E., MAJOR PAIN POINTS RELATING TO HARDWARE, SOFTWARE, ETC.):

PRODUCT DELAYS

INSTALLATION SERVICES
LESSONS LEARNED:

INSTALLATION SERVICES

PM TRANSITION PLAN
13 |© Landis+Gyr 2023 | Proprietary + Confidential
Deliverable List Confirmation
Introduction to Premium Support
Sheila Jones
15 |© Landis+Gyr 2023 | Proprietary + Confidential
Premium Support
What is it?
• Premium Support provides matrixed support for one part of or your end-to-end system that can be customized to meet your needs.
− A designated Landis+Gyr expert will be assigned who becomes deeply familiar with your specific systems and operational processes.
− They are your first point of contact for managing and resolving issues, conducting system performance queries, and providing after-hours maintenance support. − Our Premium Support technicians will also help you navigate ongoing developments in the Landis+Gyr solution lifecycle that will impact your utility’s future planning.

Benefits
• Landis+Gyr is your trusted partner, committed to helping you maximize the value of your smart-grid investment. Our support services have been designed specifically to enhance and increase the efficiency of your operations and ensure your long-term success.
• We employ a collaborative approach that combines our technical solutions expertise and utility experience, while drawing on best practices gleaned from our many other deployments. 16 |© Landis+Gyr 2023 | Proprietary + Confidential
Customer
Experience
Leadership

CRAIG MARKHAM

MANAGER, PREMIUM SUPPORT

CRAIG MARKHAM MANAGES THE PREMIUM SUPPORT SERVICE
FOR LANDIS+GYR AND IS BASED IN ALPHARETTA, GA. HE

LEADS A TALENTED TEAM OF TECHNICAL MANAGERS AND

ENGINEERS WHO SERVE AS THE DESIGNATED FIRST POINTS

OF CONTACT FOR TROUBLESHOOTING AND FINE-TUNING AMI
AND MDMS SYSTEM DEPLOYMENTS FOR MANY OF L+G’S
UTILITY CUSTOMERS.

CRAIG JOINED LANDIS+GYR IN 2023 AND HAS OVER 30 YEARS

OF EXPERIENCE IN THE ENERGY SERVICES FIELD WITH

VARIOUS REGULATED UTILITIES, UTILITY CONSULTANTS,

COMPETITIVE ENERGY RETAILERS AND DEMAND RESPONSE
AGGREGATORS. HE HAS SERVED IN A VARIETY OF CUSTOMER

SERVICE, OPERATIONS AND OTHER BUSINESS- AND

PROGRAMMANAGEMENT ROLES
17 |© Landis+Gyr 2023 | Proprietary + Confidential
Customer
Experience
Leadership

CHAD KEHN

DIRECTOR, CUSTOMER EXPERIENCE

CHAD KEHN PROVIDES LEADERSHIP AND DIRECTION TO THE
CORE, EXPERT AND PREMIUM SUPPORT TEAMS. WITH A

STRONG DEDICATION TO HELPING CUSTOMERS, RESOLVE

ISSUES AND FINDING WAYS TO IMPROVE THE CUSTOMER
EXPERIENCE.

CHAD HAS OVER 13 YEARS OF EXPERIENCE WORKING FOR
LANDIS+GYR IN VARIOUS ROLES INCLUDING MANAGER MDMS
EXPERT SUPPORT, R+D MANAGER MDMS AND HEAD OF
ADVANCED ANALYTICS. CHAD WAS INVOLVED WITH THE

MDMS PRODUCT LINE PRIOR TO IT BEING BROUGHT INTO
THE L+G PORTFOLIO.
19 |© © LANDIS+GYR | 2021 | INTERNAL Landis+Gyr 2023 | Proprietary + Confidential 1 9 CORE SUPPORT
(L1 SUPPORT)
 TROUBLESHOOTING
 INFORMATION GATHERING
 PROVIDE RESOLUTION TO

COMMON PROBLEMS
 UTILIZE DOCUMENTED

PROCEDURES
 PRODUCT QUESTIONS
 REQUEST FULFILLMENT, EVENT
& INCIDENT MANAGEMENT
EXPERT

SUPPORT
(L2 SUPPORT)
 CROSS FUNCTIONAL GROUP OF

PRODUCT SUPPORT

SPECIALISTS AND LEADERS
 DEEPER LEVEL OF

TROUBLESHOOTING
 LEVERAGES EXPERIENCE AND

LESSONS LEARNED FROM

OTHER SITES AND PROJECTS
 PROBLEM MANAGEMENT

SUSTAINING

ENGINEERING
(L3 SUPPORT)
 ENGINEERING TRIAGE AND

ENGINEERING SUSTAINING
TEAM
 PRODUCT DEFECT RESOLUTION

AND PATCHING
 EVALUATE ENHANCEMENTS
 INITIAL TRIAGE OF CASES –

CONSULTING OTHERS IN

ENGINEERING AS NEEDED
20 |© Landis+Gyr 2023 | Proprietary + Confidential
Support Services Standard
Support
Premium
AMI
Premium
MDMS
Answer product questions, troubleshoot issues, address product defects, and advocate for enhancement requests   
Knowledge Base Access   
Internal collaborative support model with engineering    24x7 for critical issues   
Designated Technical Resource(s) - remote/on-site* (on-site pricing provided at increased cost)  
Perform initial troubleshooting with in-depth knowledge of the specific system, customizations, and integrations  
Ongoing risk assessment of the solution when an issue(s) is identified with adjacent systems  
Provide tracking of and routine updates on product issues that may be relevant based on versions in use  
Proactively assist with configuration management and necessary adjustments for refined business processes, new product releases, etc.   Enhanced Coordination and management of escalated issues with internal Landis+Gyr teams  
Premium Support Includes: (1 of 2)
21 |© Landis+Gyr 2023 | Proprietary + Confidential
Support Services Standard
Support
Premium
AMI
Premium
MDMS
Record and track the current status of pending support/Change Requests   Conduct routine operational review meetings with customer (product roadmap discussions, release notes review, case review meetings.)   Receive discount on all purchased Smart Grid Services   Support future planning of System enhancements, network/headend upgrades, HES Upgrades  
Provide best practices (queries, processes, procedures) designed for your specific utility
 
Leverage lessons learned from other deployments to secure smooth operations for your utility.
 
Monthly delivery of all updated/released L+G documentation   Firmware Upgrades leadership (one per year/CC Upgrade)  Conducts MDM System Health Check with a report of findings and recommended actions Optional N/A 
Conducts Network Optimization Assessment with a report of findings and recommended actions Optional Optional N/A
Premium Support Includes: (2 of 2)
33 |© Landis+Gyr 2023 | Proprietary + Confidential
Questions?
34 |© Landis+Gyr 2023 | Proprietary + Confidential
Thank You
RECORDING REQUESTED BY:

City of Needles
817 Third Street
Needles, CA 92363
AND WHEN RECORDED MAIL TO:

City of Needles
817 Third Street
Needles, CA 92363
No fee per Govt. Code § 27383 ~ SPACE ABOVE FOR RECORDER’S USE ONLY ~

NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:

The undersigned is OWNER or AGENT OF THE OWNER of the interest or estate stated below in the property hereinafter described.

The full NAME of the OWNER is CITY OF NEEDLES
The ADDRESS of the OWNER is 817 THIRD STREET, NEEDLES, CA 92363 The NATURE OF THE INTEREST or estate of the undersigned is In FEE Street Address / APN (if applicable)
The full name(s) and address(es) of all persons, if any, who hold such interest or estate with the undersigned as joint tenants or as tenants in common are:

Contractor’s Name Contractor’s Address:

I, am the
(Name of below signor) (Owner, President, Authorized Agent, Partner, etc.) the declarant of the foregoing Notice of Completion. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

The property on which said work of improvement was completed is in the City of Needles, County of San Bernardino, State of California, and was approved by the Needles City Council by minute action at the meeting and is DESCRIBED AS FOLLOWS:

Improvement on the property hereinafter described and COMPLETED on Improvements described as
Date: Signature:

Patrick J. Martinez, City Manager, City of Needles
Patrick J. Martinez City Manager
Advanced Meter Infrastructure (AMI) System (Electric and Water Meters) June 30, 2024
Landis & Gyr Technology, Inc. 30000 Mill Creek Ave., Ste. 100, Alpharetta, GA 30022 Various Streets in Needles, CA
August 10, 2021
Notice of Completion 03-17-2023
7/3/2024
7-3-2024

7-3-2024

7-3-2024
7-3-2024

7-3-2024

7-3-2024

7-3-2024

MINUTES

REGULAR MEETING OF THE CITY COUNCIL

NEEDLES PUBLIC UTILITY AUTHORITY

HOUSING AUTHORITY CITY OF NEEDLES

CITY OF NEEDLES, CALIFORNIA

EL GARCES
950 FRONT ST, NEEDLES
THE 5:00 P.M. PORTION OF THE CITY COUNCIL MEETING WAS RECESSED BY THE CITY CLERK TO 6:00 P.M.

TUESDAY, JUNE 11, 2024
COUNCIL EXECUTIVE SESSION – NONE
CITY COUNCIL MEETING – 6:00 PM
CALL TO ORDER - Mayor Jernigan called the meeting to order at 6:00 pm

ROLL CALL

PRESENT
Council Member Ellen Campbell
Council Member Jamie McCorkle
Vice Mayor Kirsten Merritt
Mayor Janet Jernigan
Council Member JoAnne Pogue
Council Member Tona Belt
Council Member Henry Longbrake
ABSENT – None
Also in attendance were City Manager Patrick Martinez, City Attorney John Pinkney, City Clerk Dale Jones, and Assistant City Clerk Candace Clark
PLEDGE OF ALLEGIANCE - Led by Mayor Jernigan
INVOCATION - Given by Council Member Campbell

APPROVAL OF AGENDA
Council Member Campbell moved, second by Vice Mayor Merritt, to approve the agenda. Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
CONFLICT OF INTEREST - None
CORRESPONDENCE - None
INTRODUCTIONS - Mayor Jernigan acknowledged former Council Members Tim Terral and Shawn Gudmundson in attendance.

CITY ATTORNEY – Parliamentary Procedures given by City Attorney Pinkney

PUBLIC APPEARANCE
Wayne Colburn spoke about the Trailblazer sign project and expressed concern over the Chamber of Commerce's lack of action and urged City Staff to follow through and make sure the $8700 contribution made by San Bernardino County Supervisor Dawn Rowe is spent appropriately.

Jared Johnston informed Council and the public about the upcoming Swim with the Eagles 2599 event at the Needles Aquatic Center on June 22, 2024, from 2pm - 6pm, where kids sixteen and under can swim free and free snow cones are available.

PRESENTATIONS

1. Administer Oath of Office to Irene Romero, City Planner City Manager Martinez introduced and gave a brief bio and City Clerk Jones administered the Oath of Office to Irene Romero, City Planner.

2. Presentation of Certificates to the NHS Boys' Baseball and the NHS Girls’ Softball Teams in recognition for their outstanding performance winning the 2024 State Championships.

City Manager Martinez gave a synopsis of the success of both teams, and Mayor Jernigan presented certificates to the NHS Boys' Baseball and the NHS Girls’ Softball Teams in recognition for their outstanding performance winning the 2024 State Championships.

RECESSED THE CITY COUNCIL MEETING AND CONVENED A JOINT COUNCIL / NPUA / HACN

MEETING

PUBLIC HEARINGS

3. City of Needles, NPUA, & Housing Authority of the City of Needles proposed budgets for FY 2025 Public Hearing and approval of Resolutions 2024-27, 06-11-2024-NPUA, and 2024-7-HACN adopting the Proposed Budgets for the fiscal year ending 06/30/25.

City Manager Martinez a gave staff report, addressing the changes in the budget, highlighting $100,000 that is necessary for the Senior Center repairs, and gave a review of activities that the Senior Center provides to the community. He distributed a list of activities to Council and acknowledged that the Senior Center also acts as a cooling station when needed.

Council had no questions of staff.

Mayor Jernigan opened the public hearing at 6:27 pm. There was no public comment. Mayor Jernigan closed the public hearing at 6:27 pm.

There was no Council discussion or deliberation.

Member/Council Member Campbell moved, second by Member/Vice Mayor Merritt, to approve Resolutions 2024-27, 06-11-2024-NPUA, and 2024-7-HACN adopting the Proposed Budgets for the fiscal year ending 06/30/25.

Motion carried by the following roll call vote:

Ayes: Members/Council Members Campbell, McCorkle, Member/Vice Mayor Merritt, Member/Mayor Jernigan, Members/Council Members Pogue, Belt, and Longbrake Noes: None

Absent: None
Abstain: None

4. Approve Resolution No. 2024-26 Adopting a Vision, Mission, and Values Statement and 2025 Goals for Fiscal Year 2024-2025 identified on Exhibit “A” and direct the City Manager to develop action plans for implementation and followed up with a mid-year review in January 2025.

City Manager Martinez gave staff report.

Council had no questions of staff.

Mayor Jernigan opened the public hearing at 6:31 pm. There was no public comment. Mayor Jernigan closed the public hearing at 6:31 pm.

There was no Council discussion or deliberation.

Council Member Campbell moved, second by Vice Mayor Merritt, to approve Resolution No. 2024-26 adopting a Vision, Mission, and Values Statement and 2025 Goals for Fiscal Year 2024-2025 identified on Exhibit “A” and direct the City Manager to develop action plans for implementation to follow up with a mid-year review in January 2025. Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

5. Public hearing noticed to consider all evidence and testimony for or against approval of a proposed November 5, 2024, ballot measure that would establish an alternative square foot tax on cannabis cultivation within the City. Call for Election, Consolidation with San Bernardino County and Argument and Impartial Analysis
City Manager Martinez gave staff report, explaining the alternative ballot measure of $1.75 per square foot of canopy on cultivation businesses only, stating that, if passed by the voters, Council can choose whether to implement the measure.

Council asked minimal questions of staff.

Mayor Jernigan opened the public hearing at 6:44 pm. There was no public comment.

City Manager Martinez called for a break at 6:49 pm
Mayor Jernigan reopened the public comment at 6:51 pm
There was no public comment.

Mayor Jernigan closed the public hearing at 6:51 pm.

Council had minimal discussion.

Council Member McCorkle moved, second by Council Member Belt to waive the first reading of Ordinance No. 665-AC, an Ordinance of the City of Needles, California, adding Article IX (Cannabis Cultivation Square Foot Tax) to Chapter 20, of the Needles Municipal Code establishing an Alternative Square Foot Tax on Cannabis Cultivation, subject to voter approval. Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
Council Member Pogue moved, second by Council Member McCorkle, to waive reading and adopt Resolution No. 2024-28, a Resolution of the City Council of the City of Needles, California, Calling for and Giving Notice of the Holding of a General Municipal Election to Be Held on November 5, 2024, for the Election of Certain Officers as Required by the Provisions of the Charter, and for the Submission of a Proposed Measure that Would Establish an Alternative Square Foot Tax on Cannabis Cultivation in the City; AND to waive reading and adopt Resolution No. 2024-29, a Resolution of the City Council of the City of Needles, California, Requesting the Board of Supervisors of the County of San Bernardino to Consolidate a General Municipal Election to be Held on November 5, 2024, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Elections Code.

Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
Council Member Campbell moved, second by Council Member Longbrake to waive the reading and adopt Resolution No. 2024-30, a Resolution of the City Council of Needles, California, Setting Priorities for Filing Written Argument(s) Regarding a City Measure and appointed Mayor Jernigan to write an argument in favor of the proposed ballot measure and directing the City Attorney to Prepare an Impartial Analysis Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
Vice Mayor Merritt moved, second by Council Member McCorkle, directing staff to reach out to the community for an argument against the proposed ballot measure establishing an Alternative Square Foot Tax on Cannabis Cultivation. Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
PUBLIC COMMENTS PERTAINING TO THE NPUA/COUNCIL ITEMS - None

REGULAR NPUA / COUNCIL ITEMS

6. NPUA/Council - Accept Change Order No. 1 (Final) in the amount of $15,020.00 for a total contract amount of $1,005,419.00 for the work completed by Phillips Excavating, Inc. for the Water Service Lateral Replacement project and authorize staff to execute said Change Order; and accept the Notice of Completion for the Work
Member/Council Member Pogue moved, second by Member/Council Member Campbell to accept Change Order No. 1 (Final) in the amount of $15,020.00 for a total contract amount of $1,005,419.00 for the work completed by Phillips Excavating, Inc. for the Water Service Lateral Replacement project and authorize staff to execute said Change Order; and accept the Notice of Completion for the Work. Motion carried by the following roll call vote:

Ayes: Members/Council Members Campbell, McCorkle, Member/Vice Mayor Merritt, Member/Mayor Jernigan, Members/Council Members Pogue, Belt, and Longbrake Noes: None

Absent: None
Abstain: None

ADJOURNED THE JOINT COUNCIL/NPUA/HACN MEETING AND RECONVENED THE COUNCIL MEETING at 7:02 pm
PUBLIC COMMENTS PERTAINING TO THE COUNCIL ITEMS - None

COUNCIL CONSENT CALENDAR
Council Member Campbell moved, second by Council Member McCorkle to approve consent calendar items 7 through 8. Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

7. Approved the Warrants Register through June 11, 2024

8. Approved the Minutes of May 28, 2024

END OF COUNCIL CONSENT CALENDAR

REGULAR COUNCIL ITEMS

9. Update to the Emergency Declaration Resolution 2024-7 Local emergency due to the closure of the only California pharmacy within Needles
City Manager Martinez extended the Emergency Declaration and gave an update.

10. Authorize those interested to attend the ICSC Western Event at the Palm Springs Convention Center on September 23-25, 2024.

City Manager Martinez gave staff report and minimal discussion ensued.

Council Member Campbell moved, second by Vice Mayor Merritt, to authorize Mayor Jernigan, Council Members Longbrake and McCorkle, to attend the ICSC Western Event at the Palm Springs Convention Center on September 23-25, 2024. Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None

11. Authorize those interested to attend the League of California Cities 2024 Annual Conference and Expo scheduled for October 16-18, 2024, at the Long Beach Convention Center and designate a voting delegate and alternate (s).

City Manager Martinez gave staff report and minimal discussion ensued.

Vice Mayor Merritt moved, second by Council Member McCorkle, to authorize Mayor Jernigan and Council Members Campbell and Longbrake to attend the League of California Cities 2024 Annual Conference and Expo scheduled for October 16-18, 2024, at the Long Beach Convention Center.

Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
Council Member Longbrake moved, second by Vice Mayor Merritt, to designate Mayor Jernigan as the voting delegate. Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
Council Member Campbell moved, second by Vice Mayor Merritt, to designate Council Member Campbell as the alternate. Motion carried by the following roll call vote:

Ayes: Council Members Campbell, McCorkle, Vice Mayor Merritt, Council Members Pogue, Belt, and Longbrake
Noes: None

Absent: None
Abstain: None
CITY ATTORNEY REPORT - Given by City Attorney Pinkney
CITY CLERK REPORT -Given by City Clerk Jones
CITY MANAGER REPORT - Given by City Manager Martinez

COUNCIL REQUESTS
Councilmember Campbell - reported on the new bridge grand opening event in Bullhead City.

Councilmember McCorkle - commented on the success of the new bridge grand opening in Bullhead City and the two cities (Bullhead City and Laughlin) working together to make it a success; asked staff about the U-turn sign at Broadway and Needles Hwy; asked about Jeff West's sign and the fence around it and inquired about the status of the Cannabis facility next door to Needles Pointe Liquor.

Vice Mayor Merritt - missed the bridge grand opening event but drove across it; thanked everyone for their support during her recent absence due to a family loss.

Council Member Pogue - commented on the bridge grand opening event and its success.

Councilmember Belt - asked about making the Recreation Center gym available at night for kid’s activities; reported on the upcoming Tri State food donation and asked about the use of a forklift; reported on the upcoming Bunco event at the Women's Club; and wished everyone Happy Father's Day.

Councilmember Longbrake - informed everyone about Dr. Paget's memorial service on Friday, June 14 at 2pm at the Elks Lodge; praised San Bernardino County for expanding their Mental Health services; asked about the upcoming Alano club relocation and possible extension of their lease.

Mayor Jernigan - reported on the new bridge grand opening event in Bullhead City; reported on her attendance at SBCTA meetings and her request for funding for the Sheriff's Department; attended Palo Verde graduation and Needles High School Graduation ceremonies; asked staff to follow up and report back on council requests.

ADJOURNMENT
Mayor Jernigan adjourned the meeting at 7:32 pm
ATTEST:

Mayor Janet Jernigan City Clerk Dale Jones, CMC

City of Needles
Bid Results for Project CDBG Paving Improvements ‐ Flip Mendez Pkwy at Duke Watkins Park (PW2407) Issued on 04/26/2024Bid Due on May 22, 2024 3:30 PM (PDT)Exported on 07/02/2024 Line Totals (Unit Price * Quantity)
Item No. Description UOM Quantity United Paving Co.

NARROW PATH

ENGINEERING

INCORPORATED
McCormick
Construction Co.
1 Mobilization / Demobilization LS 1 $15,906.00 $43,000.00 $13,346.902 Traffic Control and Safety LS 1 $14,618.00 $34,204.60 $26,400.00 3 SWPPP, Best Management Practice and NPDES Requirements LS 1 $11,529.00 $6,500.00 $12,285.00 4 Encroachment Permit LS 1 $517.00 $517.00 $517.005 Pulverisze Existing AC Pavement and Subgrade (6" Minimum) and Compact to 6" Miscellaneous Base SF 41299 $37,582.09 $24,779.40 $37,169.106 Construct 6" Miscellaneous Aggregate Base over 12" Compacted native CY 38 $25,602.50 $15,770.00 $5,700.00 7 Construct 2" Asphalt Concrete Pavement Overlay TON 671 $125,577.65 $133,529.00 $187,880.00 8 Adjust Existing Manhole to Grade with New Concrete Collar EA 4 $29,540.00 $15,600.00 $8,000.009 Adjust Existing Valve Can or Cleanout to Grade with New Concrete Collar EA 2 $11,776.00 $7,800.00 $2,670.00 10 Install Striping LS 1 $15,824.00 $13,300.00 $1,600.00 Subtotal $288,472.24 $295,000.00 $295,568.00
Total $288,472.24 $295,000.00 $295,568.00
Unit PriceItem No. Description UOM Quantity United Paving Co.

NARROW PATH

ENGINEERING

INCORPORATED
McCormick
Construction Co.
1 Mobilization / Demobilization LS 1 $15,906.00 $43,000.00 $13,346.902 Traffic Control and Safety LS 1 $14,618.00 $34,204.60 $26,400.003 SWPPP, Best Management Practice and NPDES Requirements LS 1 $11,529.00 $6,500.00 $12,285.00 4 Encroachment Permit LS 1 $517.00 $517.00 $517.005 Pulverisze Existing AC Pavement and Subgrade (6" Minimum) and Compact to 6" Miscellaneous Base SF 41299 $0.91 $0.60 $0.90 6 Construct 6" Miscellaneous Aggregate Base over 12" Compacted native CY 38 $673.75 $415.00 $150.00 7 Construct 2" Asphalt Concrete Pavement Overlay TON 671 $187.15 $199.00 $280.00 8 Adjust Existing Manhole to Grade with New Concrete Collar EA 4 $7,385.00 $3,900.00 $2,000.00 9 Adjust Existing Valve Can or Cleanout to Grade with New Concrete Collar EA 2 $5,888.00 $3,900.00 $1,335.00 10 Install Striping LS 1 $15,824.00 $13,300.00 $1,600.00

Proposal for:

Marketing Consultants

CITY OF NEEDLES
Submitted:

April 30, 2024
By:

Ryder Todd Smith, Co-Founder & President
Devyn Fisher, Senior Business Analyst
City of Needles / RFP for Marketing Consultants
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 2

TABLE OF CONTENTS

1. COVER LETTER.......................................................................................................... 2

2. CONSULTANT FIRM’S CORE SERVICES AND EXPERTISE....................................... 4

3. KEY PERSONNEL AND QUALIFICATIONS ............................................................. 10

4. APPROACH AND IMPLEMENTATION.................................................................... 13

5. 3-YEAR QUARTERLY PLAN FOR IMPLEMENTATION............................................. 17

6. BUDGET PROPOSAL ............................................................................................... 18

7. TRIPEPI SMITH REFERENCES AND SAMPLE WORK .............................................. 24 City of Needles / RFP for Marketing Consultants
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 3

1. COVER LETTER
Tripepi Smith is pleased to submit this proposal in response to the City’s Request for Proposals for Marketing Services to enhance residential development, retail development, industrial development, tourism and hospitality.

In alignment with the City’s objectives and goals, we propose a Time & Materials approach that offers flexibility to meet the City of Needles unique needs.

Tripepi Smith has a deep understanding of the unique dynamics of local communities: over 200 local government agencies, primarily in California, have chosen us to support their communications needs. Our experience spans numerous successful initiatives, where we have consistently achieved tangible, impactful results: increased development, community engagement, government transparency and more.

The team consists of nearly 60 communication experts — robust enough to support your goals, yet small enough to be nimble and responsive. We offer a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster at reduced engagement costs. These resources vary by both years of experience and core hard skills (graphic design versus videography versus writing versus social media, for example). Independent of skill set, each team member is active in the world of local government. The result: we can tell impactful, localized stories across communication mediums, all within our one team. The City will need only one marketing and communications partner.

This proposal contains an explanation of Tripepi Smith’s understanding of the City’s goals, as well as our approach to partnering in accomplishing them. We are confident that our multi-faceted team, dedication and proven track record make us the right partner for Needles. Thank you for considering us in this endeavor. We eagerly anticipate the chance to discuss our proposal in more detail.

Regards,
Ryder Todd Smith
Co-Founder & President, Tripepi Smith
[email protected] • (626) 536-2173 • P.O. Box 52152, Irvine, CA 92619 Ryder is the contact person responsible for this response and has the authority to bind Tripepi Smith for this proposal.

City of Needles / RFP for Marketing Consultants
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 4

2. CONSULTANT FIRM’S CORE SERVICES AND

EXPERTISE
Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand-in-hand with marketing and technical expertise. As a full-service public affairs and creative services firm, Tripepi Smith delivers strategy, outreach and design tailored for local government, public agencies, nonprofits and private companies—each strongly represented in our client list.

At Tripepi Smith, experienced Directors and Analysts drive strategy and implement messaging. Full-time creative professionals generate compelling branding, websites, design, social media, photography and video. The collaboration between Creative Services and Analysts keeps communications engaging and on-message, and a diversity of skillsets and expertise allows Tripepi Smith to offer clients exactly the level of service they need.

Additionally, printing, niche website development needs or for mailing, we may use subcontractors. These are often determined at the time of the need, so it is difficult to predict who that will be. However, here is a list of potential firms or people we routinely subcontract with:

InfoSend – Print and Mail House Services
DLS Printer Services – High-end Printing for Collateral Emily Baker – Voiceover Work
Grounded in civic affairs: Co-founder and CFO Nicole Smith is a 2nd-generation civic affairs professional (her father was a city manager for 30 years). Meanwhile, co-founder and president of Tripepi Smith, Ryder Todd Smith, brings over a decade of public agency marketing and communications experience to the table.

Legal Structure and Financial Matters
Tripepi Smith is a California S Corporation. Ownership is equally split between Co-Founders Nicole D. Smith and Ryder Todd Smith. Tripepi Smith has been incorporated since 2002 and has generated a profit every year it has been in operation. We have never had a legal claim filed against us and have never failed to fulfill a contract commitment.

City of Needles / RFP for Marketing Consultants
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 5 Strategic
Tripepi Smith is a provider of technology,
communications and public affairs services. We
leverage our skills and experiences in each of these
areas to deliver efficient, technologically driven
communication solutions that reflect our deep
understanding of local government. Our team has a
strong record of working with public agencies, joint
powers authorities and not-for-profit organizations
throughout California to better engage and connect
with their stakeholders and community.

Creative
Tripepi Smith’s creative professionals have worked
with public and private clients on imagery, colors
and graphic design in an array of projects. Our firm
offers creative services that address not only
traditional media such as print, websites, logo
design and advertising but also non-traditional
marketing services around email campaigns, social
media, blogging, SEO, video production and more. This integrated approach to content development makes the process more efficient and more effective for clients.

Content x Distribution = IMPACT
Tripepi Smith was born in the digital era and brings significant technical skills to the table. Members of our team carry technical certifications in Hootsuite Social Media Marketing, Facebook Blueprint, Google Advertising, Google Analytics and Twitter Flight School, among others. We take digital platforms seriously and recognize how critical it is to not only develop great visuals and messaging, but to ensure the audiences we want to reach actually see that content. Without content distribution, there is no impact.

City of Needles / RFP for Marketing Consultants
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 6 Key Advantages
No other communications firm has the public agency client depth and diversity that Tripepi Smith offers. We gain insights from the breadth of our work and share that knowledge with our 200+ public agency clients, which yields key advantages:

Expertise In Industry-Standard Platforms: Our team has a firm grasp of social media and digital platforms, exemplified by numerous certifications — from Meta and YouTube to Twitter and Meltwater — outclassing other public affairs firms in California that we have come across.

Breadth Of Expertise: The breadth of Tripepi Smith’s team — from policy to videography to graphic design — is rare. The result: we have an ability to tell a complete story across all mediums, all within our one team.

A Deep Understanding Of Local Issues: Tripepi Smith’s work with other public agencies and municipal partners benefits each client as we translate practical field experience into outreach strategies tailored to their unique circumstances. Moreover, we are known for our mastery of the art of local government communications. We make civic matters relatable and engaging for stakeholders, from constituents to elected officials to private partners and more.

Integrated Offerings: Tripepi Smith owns two local government publications: PublicCEO and Civic Business Journal. Together, they boast a subscriber base of over 17,000 city managers, county administrators, public executives and public employees. These platforms guarantee effective placement of client stories and ideas, maximizing their digital reach.

Services Offered
Strategy, Marketing, Communications
Strategic development, research, surveys,
messaging
Social media management
Web and social media strategy,
optimization (SEO), metrics
Web hosting and support
Email campaigns
Relations (media, stakeholders, public,
government)
Support and training for events,
presentations and virtual gatherings
Google AdWords, LinkedIn, YouTube and
Meta advertising
Creative Services
Full-service graphic design for digital, print
and outdoor
Brand and logo development
Content generation, writing and editorial
Output services (digital distribution, print
management, mail management)
Photography, illustration and information
graphics
Video and animation
Web design and implementation
City of Needles / RFP for Marketing Consultants
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 7 Partner Services
When it comes to high-end printing, mailing to thousands of mailboxes, language translation/interpretation or professional voiceover work for videos, we may use subcontractors to execute the work. These are often determined at the time of the need, so it is difficult to predict who that will be. However, here is a list of potential firms or people we routinely subcontract with:

InfoSend – Print and Mail House Services
DLS Printer Services – High-end Printing for Collateral Emily Baker – Voiceover Work
FlashVote – Scientific Decision Data Services
Fairbank, Maslin, Maullin, Metz & Associates (FM3 or FM3 Research) – Voter Survey Research, Polling And Surveys
City of Needles / RFP for Marketing Consultants
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 8 Team Tripepi Smith
City of Needles / RFP for Marketing Consultants
CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 9 Clients
Tripepi Smith has been selected to work with nearly 200 local government agencies to help with their communications. We can provide you with contacts at any of these clients and are confident you will find them to be quite happy with our services.

California Joint Powers
Insurance Authority
City of Aliso Viejo
City of American Canyon
City of Anaheim
City of Azusa
City of Bellflower
City of Claremont
City of Coronado
City of Covina
(City of) Culver City
City of Cupertino
City of Cypress
(City of) Daly City
City of Danville
City of Downey
City of Duarte
City of El Cerrito
City of Fountain Valley
City of Fullerton
City of Grover Beach
City of Hawaiian Gardens
City of Hercules
City of Huntington Beach
City of Indian Wells
City of Industry
City of Irvine
City of La Cañada Flintridge
City of La Palma
City of La Puente
City of Lake Forest
City of Laguna Hills
City of Laguna Niguel
City of Lancaster
City of Livermore
City of Lomita
City of Lynwood
City of Manhattan Beach
City of Manteca
City of Martinez
City of Millbrae
City of Morgan Hill
City of Murrieta
City of Napa
City of Newport Beach
City of Norwalk
City of Orange
City of Orinda
City of Palm Desert
City of Palmdale
City of Paramount
City of Pico Rivera
City of Rancho Palos Verdes
City of Rancho Mirage
City of Renton, WA
City of Riverbank
City of Rolling Hills Estates
City of Santa Clarita
City of Santa Cruz
City of Santa Paula
City of Saratoga
City of Tracy
City of Tustin
City of Twentynine Palms
City of Vallejo
City of Vista
City of Westlake Village
(City of) Yuba City
Town of Yucca Valley
Town of Windsor
California Choice Energy
Authority
Citrus Heights Water District
Costa Mesa Sanitary District
El Toro Water District
Municipal Management
Association of
Northern California
Orange County City
Manager Associations
Rowland Water District
San Gabriel Valley City
Manager Association
South Orange County
Wastewater Authority

City of Needles / RFP for Marketing Consultants
10 3. KEY PERSONNEL AND QUALIFICATIONS
We anticipate that Principal Jennifer Nentwig and Ryder Todd Smith will serve as an advisors on the engagement, available to offer strategic advice and to make leadership presentations. Senior Business Analyst Devyn Fisher will serve as account/project manager. She will be the main liaison for contracts and invoices and will also oversee the project team. Junior Business Analyst’s Madeline Wilson and Claire Blodget will assist with project management and day-to-day project support.

Should any key personnel become unavailable during this engagement, Tripepi Smith will quickly substitute with other Tripepi Smith resources who have commensurate experience, knowledge and/or skill sets. You can learn more about our individual backgrounds and qualifications at www.TripepiSmith.com/Our-Team.

Team Member Role Description
Ryder Todd Smith
Principal
Role: Strategic Advisor
Ryder has over 20 years of experience in government relations, technology and marketing. As president, he leads Tripepi Smith and is the ultimate project owner of its clients, which span over 90 public, private and non-profit agencies. Ryder is also the creator of the City Internet Strategies Study, publisher of the Civic Business Journal and a frequent speaker on the local government circuit. Additionally, his insights have been published by industry-leading publications, such as Western City Magazine and Public Management Magazine, and local government professional organizations, such as the California City Management Foundation and Municipal Management Association of Northern California have recognized and awarded his support as a longtime partner.

Before Tripepi Smith, Ryder served as a senior vice president of operations and chief information officer for a software-as-a-service startup in the financial services sector. Prior to that, he was the technology manager for a regional staffing firm.

City of Needles / RFP for Marketing Consultants
11 Jennifer Nentwig
Principal
Role: Strategic Advisor
Jen is a talented, well-rounded communications professional and project manager with more than 14 years of experience serving government organizations. She has built and implemented programs in strategic communications, media relations, internal communication, community relations and social media. Her skills include website and social media management, development of content including articles, speeches, talking points and FAQs, as well as event planning and implementation. Jen’s clients include the City of Vallejo, City of Lomita, Costa Mesa Sanitary District, City of Livermore and City of Lancaster. Jen earned a Bachelor’s Degree in Political Science from the University of Notre Dame and a Master’s Degree in Global Leadership from the University of San Diego.

She is a Hootsuite Social Marketing Professional, is Facebook Blueprint certified, and has her Accreditation in Public Relations from the Public Relations Society of America (PRSA).

Jen is located in Phoenix, AZ.

Devyn Fisher
Senior Business Analyst
Role: Account Manager
Devyn is a detail-oriented and results-driven communicator, who is committed to understanding an organization’s mission and values to craft key messaging that aligns with organizational objectives. She graduated from Cal Baptist University with a Master of Arts in Strategic Communication and from Northern Arizona University with a Bachelor of Science in Strategic Communication. Equipped with a strategic communication mindset, Devyn brings comprehensive experience in developing engaging content for traditional and social media within the local government sector. She began her career in local government with the City of Flagstaff and continued to strengthen her skillset with the City of Fontana and City of Jurupa Valley.

Devyn’s client work includes the City of Cupertino, City of Pleasanton, Harlingen Waterworks System, City of San Fernando, and the City of Palmdale.

Devyn is located in Flagstaff, AZ
City of Needles / RFP for Marketing Consultants
12 Madeline Wilson
Junior Business Analyst
Role: Project Support
Madeline is a marketing professional with a versatile set of skills including social media management, marketing strategy,
copywriting, and more. She graduated from the University of Utah with a degree in Marketing and is passionate about using her skills to educate. Madeline developed her skills in a variety of industries including non-profit, technology, and local government, and has been a key player in expanding the reach and effectiveness of communications for small businesses.

Madeline is a certified Hootsuite Marketing Professional.

Claire Blodget
Junior Business Analyst
Role: Project Support
Claire is a skilled communicator with a diverse background in research, translation, and marketing. She graduated from the University of California, Santa Barbara with a degree in Global Studies and minors in Labor Studies and Portuguese. With this academic background, she holds a thorough understanding of the intersection between social, political, environmental and economic processes which affect our institutions and society. As an undergraduate, Claire developed her research abilities writing case studies for the Global Studies Department and strengthened her marketing skills as an Experiential Marketing Coordinator for Shabang Music Productions. Following her graduation, Claire became a Social Media & Marketing Intern for Movido, a wellness brand, whilst teaching English in Alicante, Spain through the North American Language and Culture Assistant Program (NALCAP).

Depending on workload, timing of project and skill needs, Tripepi Smith reserves the right to swap in additional junior resources to assist with this project.

City of Needles / RFP for Marketing Consultants
13 4. APPROACH AND IMPLEMENTATION
The City of Needles has requested a variety of deliverables for each Four (4) core areas. Each core area has a wide range of potential services with potential crossover marketing. Tripepi Smith is proposing the following action plan:

1. Meeting with Needles City Manager to review priorities

2. Choose three projects or tasks to complete with a budget estimate of $10,000 to build a collaboration experience with City Staff and to settle into the work and research.

3. Evaluate the first round of deliverables and deploy a plan for the remaining $30,000 in Year 1

4. Execute the tasks for Year 1 plan and check in monthly with a one hour account review call

5. In month eleven of Year 1, devise a Year 2 plan and task list to execute for the City

6. Continue monthly check in meetings with City Staff

7. In month eleven of Year 2, devise a Year 3 plan and task list to execute for the City

8. Continue monthly check in meeting with City Staff through end of engagement Tripepi Smith is assigning Senior Business Analyst Devyn Fisher as our primary lead on the engagement given her geographic proximity and familiarity with the area. However, to save money and apply appropriate resources, Tripepi Smith anticipates using Junior Business Analyst level staff to perform market research and other labor intensive activities to stretch the value of the City’s budget. Oversight on their work will be provided by Devyn.

Principals will be engaged when strategy discussions surface and for overall QA review when needed. It is anticipated Ryder will participate in the kickoff call and on two additional calls a year. Ryder will also be available to take calls as needed from the City Manager.

Tripepi Smith has several tools in its arsenal to deploy for the City of Needles.

1. Tripepi Smith has an enterprise Meltwater account and can leverage that to devise media lists and media hits on keywords.

2. Tripepi Smith has an enterprise implementation of Sprout Social to manage numerous social media platforms and to monitor content on social media platforms, if requested.

3. Tripepi Smith has four Facebook Blueprint-certified professionals on our team who can lead the implementation of best practices for Facebook, including digital advertising campaigns as determined to be needed.

4. Tripepi Smith is a Google Advertising Partner and has two members of our team who are Google Ads certified to affirm their skills to leverage digital advertising that benefits the City’s advertising needs.

5. Tripepi Smith has full in-house graphic design capabilities to develop collateral materials as requested by the City for the various needs – both digital and print – noted as part of broader marketing plan.

6. Tripepi Smith uses Google Apps to share, in real time, content and action steps with our clients. These client workspaces create a seamless collaboration between Tripepi Smith and our clients and provide a quick and easy platform for our clients to access content and resources that we have provided. Even when Tripepi Smith is remote, our Google Apps bring us closer together.

City of Needles / RFP for Marketing Consultants
14 The following are Year 1 ideas to implement in each core area with some reasonable sense of the City’s annual budget for this effort.

Residential Development
Optimize and complete LinkedIn profile for City
Post once a month to LinkedIn with residential-related content Devise information door hanger on resident owner-occupied rehab program for code enforcement delivery Retail / Restaurant Development
Monthly SM post with paid promo (All QTR’s)
Annual Demographic/Market report & Map to the top 100 retailers/developers Annual One Sheet city demographics /retail and CO. River region (1st QTR) Annual Property map w/ key retail sites (online / printable) (1st QTR) Industrial Development
Leverage LinkedIn connection development to identify Industrial Broker/Developers Launch dedicated webpage for industrial development opportunities Devise ad campaign for LoopNet and Crexi placements
3 hour geofenced advertising on LinkedIn for identified audience advertising Competitor Google AdWords Placements to siphon off searches for nearby development opportunities Facilitate a hosted webinar on Cannabis development opportunities in Needles Hospitality & Tourism Development
Ensure Visit Needs website is updated
Review website metrics on Visit Needles Website
Ensure search engine optimization is properly set up on Visit Needles website Launch Spotify/Pandora/Radio ad spots geofenced to within 1 hour of Needles Design and deploy billboards in locations determined by the City Devise marquee artwork approach or concept to make Needles visuals distinct from the freeway New Market Disclosure
Some of the terms and reports identified in the economic development and marketing plan involve datasets that Tripepi Smith has not previously worked with. As such, we recognize we may have a learning curve on some aspects of this engagement, but also know that learning is baked into our #AlwaysBeLearning culture at Tripepi Smith. In some cases Tripepi Smith presumes the City has access to these data resources as Tripepi Smith does not.

City of Needles / RFP for Marketing Consultants
15 Other ideas to consider leveraging Tripepi Smith for:

TASK & DESCRIPTION
Press Releases & News Articles
Tripepi Smith can draft up news articles, press releases and/or official statements, which are typically up to five hundred (500) words in length. The City would direct the allocation of stories with Tripepi Smith’s suggestions, making internal subject matter experts available to aid the development of the stories when needed. Additionally, this assumes the use of an existing media and external agencies notification list. The City would also facilitate timely approval of quotes. Press release/news article topic options may include, but are not limited to:
• Resident Stories (e.g., Why they moved to Needles, why they stayed, etc.) • Community Development Milestones
• Community Event Promotions
• Volunteer Opportunities
• Top Things to Do
The project team will collaborate with our City-designated lead to define messaging needs throughout the process, ensuring our communications remain alive and adaptable to the outreach campaign as it unfolds.

Social Media Management (2 Posts / Week)
Content Creation: Social media content creation involves planning, fact-checking, sourcing graphics, grammar checking and scheduling the post. Tripepi Smith will create two (2) posts per week or an average of eight (8) to nine (9) posts per month over the course of the engagement and manage distribution as well.

Monitoring: Tripepi Smith can monitor posts and inboxes for questions and comments. When appropriate, responses will be drafted, which will occasionally require fact-checking and seeking out guidance from the City. Additionally, ongoing general online monitoring of local Facebook Groups will be conducted to track community needs, priorities and issues.

Monthly Metric Reporting
Each month, Tripepi Smith can provide a summary report of the basic metrics (reach, posts, engagement, etc.) related to City-controlled social media platforms and other key metrics if available, such as website visits and e-newsletter platform metrics. This will help us evaluate the success of our efforts as well as serve as an ongoing feedback mechanism for gathering valuable insights that can help inform ongoing communication strategy.

Comms Strategy Plan with Leadership (Quarterly)
Tripepi Smith works with the entire senior management team to prepare for and execute a strategic discussion about communications and the role they can play in telling the City’s story. This project focuses on each department identifying key communication opportunities and wins to celebrate in the next 12 months.

We document all this into a shared spreadsheet that can then serve as a roadmap for the organization to track communications opportunities – or to hand off to the communications team to execute. The program breaks down barriers between departments and often helps senior staff recognize communications opportunities City of Needles / RFP for Marketing Consultants
16 they were simply unaware of before. The process includes homework, management, presentation preparation, onsite meeting and follow up.

Monthly Email Newsletter
Email provides direct access to stakeholders. It also is a great way to repurpose other content, ultimately fomenting an ongoing connection with audiences. Tripepi Smith recommends a monthly newsletter digest that may include content covering City business development, fun facts and engagement opportunities. The email newsletter would be distributed to constituents, media and other stakeholders interested in keeping up with Needles’s growth. Inclusive of two drafts per edition: draft, final.

Radio Advertising
Based upon our experience creating ads for placement on radio stations, Pandora and Spotify, Tripepi Smith will develop radio ads to showcase and publicize the City’s key messages. Tripepi Smith can develop radio scripts and once approved by the City and key stakeholders, coordinate a voiceover recording of the radio script. We will use our media intelligence software, Meltwater, and work with the City to identify and confirm the best radio station(s) to work with to coordinate the ad placement. We will then confirm a final radio ad budget and coordinate the paid placement(s) on stations/platforms.

City of Needles / RFP for Marketing Consultants
17 5. 3-YEAR QUARTERLY PLAN FOR IMPLEMENTATION
The City of Needles has unique and objective goals. Because of this, we have recommended the work be carried out on a time and materials basis offering for both flexibility and adaptability based on the City’s budget. Should Tripepi Smith be selected as the City of Needles partner on this project, we will gladly scale out a 3-year quarterly plan that meets the one-off needs of the City.

City of Needles / RFP for Marketing Consultants
18 6. BUDGET PROPOSAL
Tripepi Smith is proposing a time and material engagement that can flex with the needs of the City. The following details our rates and terms for engagement on those rates. We have read that the annual budget is $40,000 and we intend to collaborate with City Staff on maximizing the use of that budget. 2024-25 Hourly Rates
The following rates are the basis for the costs of deliverables outlined in this proposal. Additionally, Tripepi Smith would apply the following rates and related fees for services for any As-Needed (Time & Materials) work authorized outside the One-Time (Fixed) and Ongoing (Retainer) scope we’ve proposed.

Title Hourly - Standard Hourly - Retainer
Principal $370 $295
Director $255 $215
Art/Creative Director $255 $215
Senior Business Analyst $195 $165
Business Analyst $140 $115
Junior Business Analyst $110 $95
Senior Videographer/Animator $195 $165
Senior Photographer $170 $145
Videographer/Photographer $130 $110
Junior Videographer/Photographer $110 $95
Senior Graphic Designer $185 $155
Graphic Designer $130 $110
Junior Graphic Designer $110 $95
Web Developer $195 $175
Junior Web Developer $110 $95
Drone Operator $195 $170
Council Chamber A/V Operator $110 $95
City of Needles / RFP for Marketing Consultants
19 Retainer Discount
When client monthly retainers exceed seven-thousand-one-hundred-fifty dollars ($7,150) per month, they gain access to our Reduced Retainer Rates. Otherwise, ad hoc work done outside of a defined retainer scope is billed at our Standard Rates.

Payment Terms
Billing & Invoices
At Tripepi Smith, we bill on either a Retainer, Fixed Bid or Time & Materials basis, with each billing type following its own payment schedule:

Fixed Bid work is billed upon defined milestones.

Time & Materials work is billed in 15-minute increments (i.e. 4.0, 1.25, 6.5 or 0.75 hours) at the end of the month in which work is done.

Retainer work is billed on the 15th of each month.

Regardless of billing type, terms are Net 30 days.

Annual Increase
Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the national CPI index — whichever is higher — each year on the anniversary of the contract, starting on the first anniversary of any contract when the contract duration is longer than one year. Otherwise, new rates will be negotiated with each new contract renewal period.

Other Costs
Tripepi Smith has related service fees that may come up during our engagement that we want to tell you about.

Travel Costs
Our team will seek client authorization and reimbursement for travel necessary to complete a requested scope of work. Travel costs may include airfare, lodging, car rentals and gas. Additionally, when client work requires that we be onsite, Tripepi Smith invoices for travel time at half the resource’s hourly rate.

Equipment Costs
Tripepi Smith applies the following equipment fees, as applicable, when providing video services. We will seek client authorization prior to assessing any such expenses. Equipment fees are not inclusive of operator (staff) time, which is billed on an hourly basis.

Title Half Day Full Day
Video Equipment $400 $600
Drone Equipment $500 – Flat Fee
MEVO Equipment $400 – Flat Fee
City of Needles / RFP for Marketing Consultants
20 Definitions
Half Day: Anything under four hours of video production Full Day: A shoot lasting four or more hours

Service Fees
Tripepi Smith prefers that clients pay service providers directly to avoid unnecessary administrative costs. You should also know, however, that we have no economic interest in service providers, unless otherwise specified in this proposal.

If a client asks Tripepi Smith to pay for a service provider bill, we will apply a 10% agency fee to the reimbursement expense. Typical service fees include, but are not limited to: print, mailing, digital advertising, media placements, voiceovers, translations and closed captions.

Partner Access
Tripepi Smith has access to entities that may be relevant to our engagement. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include:

PublicCEO: www.PublicCEO.com – Digital news about public affairs, reaching over 17,000 California government executives through a daily podcast, job board, video podcast and more.

Civic Business Journal: www.CivicBusinessJournal.com – Digital interest stories on the people, companies and solutions that make local government in California more effective.

FlashVote: www.FlashVote.com – Statistically valid surveying that helps leaders make decisions. o Disclaimer: Tripepi Smith President Ryder Todd Smith is an investor in FlashVote.

Tripepi Smith Talent Solutions: www.TSTalentSolutions.com – A multifaceted recruitment consultancy service, combining local government access with communications to advance talent quests and build culture warriors.

Meltwater: www.TripepiSmith.com/Media-Intelligence – An enterprise-class, comprehensive media monitoring solution that is best combined with Tripepi Smith’s analytics team.

City of Needles / RFP for Marketing Consultants
21 Example Pricing
Tripepi Smith is providing estimated pricing for our work using our hourly rates.

ELEMENT PRICE NOTES
Radio/Spotify Advertising – 30
second Spot
$545 / Spot Includes of up to three (3) drafts per
audio snippet: two (2) drafts, final.

Newspaper Advertising $850 / Spot Creation of a simple ad placement in standard newspaper quarter
page.

Digital Advertising Starts at $850: Creation
$500 / month: Monitoring
Creation of digital ad campaign
with five different ad elements and
ongoing monitoring
Website Content Maintenance $735 / Month Assumes approximately 7 hours per month of services. Potential
webpages include Tourism and
Development-focused webpages,
as well as ongoing maintenance
needs across the website.

Graphic Design Print/Digital Short Format
Infographics - $3,120
Key Art - $1,920
Print Flyer - $1,225
Print Poster - $1,925
Print Brochure /
Newsletter - $6,565
Mailer - $1,090
Design projects range in drafts and
intricacy. Exact cost will be
determined based on request.

Drone Services $4,500 / Shoot Inclusive of travel costs and time.

We recommend tacking on a drone
shoot to other onsite work, such as
video shoots, to reduce travel
expenses.

City of Needles / RFP for Marketing Consultants
22 Video Production $9,175 / Video Assumes 60-90 second video; inclusive of travel costs. Costs can
vary based on exact needs.

Animated Video Starts at $4,235 / Video Like, design projects, animation costs range in drafts and intricacy.

Exact cost will be determined
based on request.

Podcast Production Start-Up Costs - $1,270
(One-Time)
Per Episode Production -
$850 / Episode
Assumes virtual (vs on-site)
production services.

Audit and Secure Social Media $4,300 Review all social media, complete implementation and review security
settings
Platforms Review $9,500 Review all digital platforms
controlled by the City and make
recommendations to fix, improve or
secure assets.

Other Fixed-Bid Deliverables

TASK / DESCRIPTION
Branded Templates ($7,470)
The City already has a Brand Style Guide from its initial planning process. Tripepi Smith’s in-house graphic artists will leverage this brand asset to create a series of templates for use across City communications. The result will be a set of communication tools that visually define the City of Needles’s tone of voice, enhancing its refined persona and elevating brand awareness throughout the region, as well as in private development markets. Templates will include one (1) branded PowerPoint deck, one (1) email newsletter template, up to six (6) social media templates, one (1) press release template, one (1) letterhead and one (1) logo reveal. Inclusive of two drafts item: draft, final.

Video Series ($21,530)
Tripepi Smith can develop a package of eight (8) two (2) minute videos, that could promote the four core areas, such as the “Live the Point!” lifestyle featuring the unique desert community pride and why Needles should be called home, “Play the Point!” a celebration of all things to do in and around Needles and the beautiful Mojave Desert, “Shop the Point” encourage local business growth and welcome new growth, video spotlights for residents’ stories, City Council initiatives and more. These videos would be available for use on social media, local public access channels and other media outlets. With the assistance of the City staff to select topics, Tripepi Smith will generate a storyboard, script and/or interview questions in preparation of the filming. In City of Needles / RFP for Marketing Consultants
23 addition, Tripepi Smith will organize and execute a two (2) day video shoot to efficiently gather footage for the video series. Inclusive of two drafts per video: draft, final.

City of Needles / RFP for Marketing Consultants
24 7. TRIPEPI SMITH REFERENCES AND SAMPLE WORK
Reference Contact Info Scope of Work, Work Samples
California Association for Local
Economic Development
(CALED)

Gurbax Sahota
CEO
(916) 448-8252
[email protected]
2150 River Plaza Dr., Sacramento
CA 95833

Period: 2022 to Present
The California Association for Local Economic Development (CALED), the premier statewide professional economic development organization dedicated to advancing its members’ economic development services, engaged Tripepi Smith for the first time in 2022 to audit its communication platforms. In addition to a comprehensive analysis of CALED’s communications, the Platforms Review also included a roster of industry best practices and recommendations unique to CALED and its outreach goals. Following, CALED signed on to continue receiving communications support from Tripepi Smith through a set of ongoing retainer services that implemented the findings of the Platforms Review, with work spanning monthly strategy planning, social media management, quarterly metric reporting and advertising in Tripepi Smith’s publication, PublicCEO. CALED also engages Tripepi Smith on an as-needed basis for creative services, such as graphic design, animated videography, podcast production, press release and news article writing and story placements in PublicCEO.

City of Needles / RFP for Marketing Consultants
25 Reference Contact Info Scope of Work, Work Samples
City of Tracy

Carissa Lucas
Public Information Officer
(209) 831-6102
[email protected]
33 Civic Center Dr., Tracy CA
95376
Period: 2017 to Present
Tripepi Smith has worked with the City of Tracy since 2017. The engagement started with assisting the Economic Development Department to create and implement a marketing plan to drive engagement, awareness and increase economic development within the City of Tracy. The campaign started out small with social media and google advertising campaigns that focused on marketing economic development services and quality of life services, then grew into a large campaign that not only focused on marketing the City’s economic development services but also promoting business attraction (targeting outside the City), supporting business retention throughout the pandemic, creating a robust shop local campaign, developing branding for the City and its subsequent campaigns and promoting tourism with a “Discover Tracy” campaign within the City. Our work with the City of Tracy has increased social media following and trust from the business community and led to some outside-the-box marketing strategies like large posters in BART stations and an economic development brochure.

City of Needles / RFP for Marketing Consultants
26 Reference Contact Info Scope of Work, Work Samples
City of American Canyon

Jen Kanasanback
Communications Manager
(707) 647-5355
[email protected]
4381 Broadway St., American Canyon,
CA 94503
Period: 2018 to Present
Tripepi Smith has supported the PIO at the City of American Canyon since 2018. Initially, the City engaged Tripepi Smith to provide a range of services, namely on-demand crisis
communications support and an audit of its Vision website.

Tripepi Smith now provides services spanning a Platforms Review of the City’s current communication platforms, tapping into our policy strategy expertise, graphic design, writing support, video production, event management and facilitation for community forums, photography, media outreach, social media
management, communications and leadership strategy, metrics reporting, website content updates, copywriting services and quarterly planning meetings with executive staff.

City of Needles / RFP for Marketing Consultants
27 Reference Contact Info Scope of Work, Work Samples
City of Napa

Liz Habkirk
Deputy City Manager
707.258.7813
[email protected]
955 School St., Napa, CA 94559

Period: 2019 to Present
Tripepi Smith has supported the City of Napa since late 2019.

While the City originally engaged us for retainer services focused on social media creation and management, content writing and website support, the City quickly expanded our engagement to include ad hoc graphic design support, video editing, infographic design and HR outreach and promotion. In addition to drafting, scheduling and monitoring social media across all City platforms, Tripepi Smith has drafted written content, such as letters from the City Manager, press releases and radio scripts. Napa has also tapped Tripepi Smith for City stock photography services.

Work Samples
We encourage you to see more of our work at
www.TripepiSmith.com/Work.
1 CITY OF NEEDLES

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this _____ day of _________________, between the CITY OF NEEDLES, a California Charter City, (hereinafter referred to as the “City”) and Tripepi Smith Inc. (hereinafter referred to as “Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 Services.

The City solicited proposals to provide Professional Engineering Services pursuant to that certain proposals, which is attached hereto as Exhibit “A.”

2.2 Proposal
Consultant has made a proposal (“Proposal”) to the City dated _____________ to provide such professional services, which Proposal is attached hereto as Exhibit “B.”

2.3 Consultant.

City desires to retain Consultant to perform and assume responsibility for the provision of such services required by the City on the terms and conditions set forth in this Agreement. Consultant represents and warrants to City that Consultant possesses the necessary skills, licenses, certifications, qualifications, personnel and equipment to provide such services.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 Professional Services. Consultant agrees to perform the services described herein and in “Exhibit B” (“Services”). All Services shall be performed in the manner and according to the timeframe set forth in the Proposal. Consultant designates Chris Brooks as Consultant’s professional responsible for overseeing the Services provided by Consultant.

3.1.2 Term. This Agreement shall become effective when executed and shall remain in effect until terminated as provided herein. Notwithstanding anything to the contrary in this Agreement, this Agreement shall automatically terminate after one (1) year unless extended in writing by the Parties with the approval of the City Council of the City. 2 3.1.3 Conflict. In the event that the terms of the Proposal shall conflict with the terms of this Agreement, or contain additional terms other than the Services to be rendered and the price for the Services, the terms of this Agreement shall govern and said additional or conflicting terms shall be of no force or effect.

3.2 Responsibilities of Consultant.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or by its employees under Consultant’s supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for other clients during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of the City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall determine its own work hours and schedule; provide its own equipment; maintain its own offices; provide its own vehicles; insurance; cell phones and office phones; and Consultant shall be solely responsible for managing and supervising its personnel and employees. Consultant shall further be responsible for all reports and obligations, including, but not limited to:
social security taxes, income tax withholding, payroll taxes, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the applicable standard 3 of care. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of a Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-assigned to perform any Services to City.

3.2.3 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of Services, including all Cal/OSHA requirements, and shall give all notices required by law.

Consultant shall be liable for all violations of such laws and regulations in connection with the Services. If the Consultant performs any work contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold the City, its officials, directors, officers, employees and agents harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.2.4 Employment Eligibility. Consultant shall be solely responsible for obtaining Employment Eligibility Verification information from Consultant’s employees, in compliance with the Immigration Reform and Control Act of 1986, Pub. L. 99-603 (8 U.S.C. 1324a), and shall ensure that Consultant’s employees are eligible to work in the United States.

3.2.5 CalPers. In the event that Consultant employs, contracts with, or otherwise utilizes any CalPers retirees in completing any of the Services performed hereunder, such instances shall be disclosed in advance to the City and shall be subject to the City’s advance written approval.

3.2.6 Drug-free Workplace Certification. By signing this Agreement, the Consultant hereby certifies under penalty of perjury under the laws of the State of California that the Consultant will comply with the requirements of the Drug-Free Workplace Act of 1990 (Government Code, Section 8350 et seq.) and will provide a drug-free workplace.

3.2.7 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees, City personnel and third parties appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as 4 applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

4. Indemnification; Insurance.

4.1 Insurance. Consultant shall maintain prior to the beginning of and for the duration of this Agreement insurance coverage as specified in Exhibit “C” attached to and made a part of this Agreement.

4.2 Indemnity for Professional Liability. When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend and hold harmless the City and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by any negligent or wrongful act, error or omission of Consultant, its officers, agents, employees or subconsultants (or any agency or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.

4.3 Indemnity Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or the City for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.

4.4 Duty to Defend. In the event the City, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the Services encompassed by this Agreement, and upon demand by City, Consultant shall have an immediate duty to defend the City at Consultant’s cost or at City’s option, to reimburse City for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters. Payment by City is not a condition precedent to enforcement of this indemnity.

In the event of any dispute between Consultant and City, as to whether liability arises 5 from the sole negligence of the City or its officers, employees, or agents, Consultant will be obligated to pay for City’s defense until such time as a final judgment has been entered adjudicating the City as solely negligent. Consultant will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

5. Responsibilities of City.

5.1 Requests. The City agrees to comply with all reasonable requests of Consultant and provide reasonable access to documents including objectives and constraints, space, capacity, and performance requirements, flexibility, and expandability, and any budgetary limitations, reasonably necessary to the performance of Consultant's duties under this Agreement. In order to facilitate Consultant’s conformance with the performance schedule, the City shall respond to Consultant’s submittals in a timely manner.

5.2 City Representative. The City designates the City Manager or his designee as City representative (“City Representative”) with respect to the work to be performed under this Agreement. The City Representative shall have complete authority to transmit instructions, receive information, and interpret and define the City’s policy and decisions with respect to materials, equipment, elements, and systems pertinent to the Services covered by this Agreement.

6. Fees and Payments.

6.1 Compensation. Consultant shall be paid at the rates set forth in the Proposal and shall not increase any rate without the prior written consent of the City. Notwithstanding anything in this Section 6, total fees and charges paid by City under this Agreement shall not exceed $40,000 annually without approval by the City Council of City.

6.2 Invoices. Consultant shall submit to the City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall have the right to review and audit all invoices prior to or after payment to Consultant. This review and audit may include, but not be limited to City’s:
a. Determination that any hourly fee charged is consistent with this Agreement's approved hourly rate schedule;
b. Determination that the multiplication of the hours billed times the approved rate schedule dollars is correct;
c. Determination that each item charged is the usual, customary, and reasonable charge for the particular item. If City determines an item charged is greater than usual, customary, or reasonable, or is duplicative, ambiguous, excessive, or inappropriate, City shall either return the bill to Consultant with a request for 6 explanation or adjust the payment accordingly, and give notice to Consultant of the adjustment.

6.3 Payment. If the work is satisfactorily completed, City shall pay such invoice within thirty (30) days of its receipt. Should City dispute any portion of any invoice, City shall pay the undisputed portion within the time stated above, and at the same time advise Consultant in writing of the disputed portion.

6.4 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by the City Manager.

6.5 Additional Services. In the event Consultant performs additional or different services than those described herein without the prior written approval of the City Manager and/or City Council of City, Consultant shall not be compensated for such services. Consultant expressly waives any right to be compensated for services and materials not covered by the scope of this Agreement or authorized by the City in writing.

6.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. The City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

6.7 Accounting Records.

6.7.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

7. General Provisions.
7 7.1 Termination of Agreement.

7.1.1 Grounds for Termination. The City or Consultant may, by written notice to the other party, terminate this Agreement at any time and without cause by giving written notice to the other party of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been actually and adequately rendered to the City, and Consultant shall be entitled to no further compensation.

7.1.2 Effect of Termination. If this Agreement is terminated as provided herein, Consultant shall provide all finished or unfinished Documents and Data (as defined below), programming source code, plans reports and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such documents and other information within fifteen (15) days of the request.

7.1.3 Services. In the event this Agreement is terminated in whole or in part as provided herein, the City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

7.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

To Consultant: Tripepi Smaith, Inc.

To City: City of Needles
817 Third Street
Needles, CA 92363
Attention: City Manager
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8 7.3 Ownership of Materials and Confidentiality.

7.3.1 City Ownership. All documents and data (“Documents & Data”), including data on electric, digital or magnetic media, prepared by Consultant under this Agreement shall be the property of the City, except that Consultant shall have the right to retain copies of all Documents & Data for its records. The City shall not be limited in any way in its use of the Documents & Data at any time. Should Consultant, either during or following termination of this Agreement, desire to use any Documents & Data prepared in connection with this Agreement, Consultant shall first obtain the written approval of the City Manager.

7.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of the City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use the City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of the City.

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

7.5 Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties.

7.6 Governing Law. This Agreement is entered into and shall be performed in Needles, California and shall be governed by the laws of the State of California. Any claims arising under this Agreement shall be brought in the state or federal courts located in San Bernardino County.

7.7 Time of Essence. Time is of the essence for each and every provision of this Agreement.
9 7.8 City’s Right to Employ Other Consultants. The City reserves the right to employ other consultants at any time for any purpose.

7.9 Assignment; Sublease; Transfer. Consultant shall not assign, sublease, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior signed written consent of the City Manager. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

7.10 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement. All references to the City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

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

7.13 No Third Party Beneficiaries. The Needles Public Utility Authority and other City entities shall be intended beneficiaries of this Agreement. Otherwise, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

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

7.15 Improper Payment. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to rescind this Agreement without liability.

7.16 Conflict of Interest. For the term of this Agreement, no member, officer, or employee of the City, during the term of his or her service with the City, shall have any direct 10 interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. Consultant has read and is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the Government Code relating to conflicts of interest of public officers and employees. Consultant agrees that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. It is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving notice thereof. Consultant shall comply with the requirements of Government Code section 87100 et seq. and section 1090 in the performance of and during the term of this Agreement.

7.17 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

7.18 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

7.19 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

7.20 Attorney Fees. If any legal action or proceeding, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that party may be entitled.

7.21 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

7.22 Contents of Request for Proposal and Proposal. Consultant is bound by the contents of City's Request for Proposal and the Proposal. In the event of conflict, the requirements of City's Request for Proposals and this Agreement shall take precedence over those contained in the Proposal. The incorporation of the Proposal shall be for the Services to be rendered and the price for such Services only, and any other terms and conditions included in the Proposal shall have no force and effect on this Agreement or the relationship between Consultant and/or City, unless expressly agreed to in writing.

IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on the date and year set forth above.
11 CITY: (City of Needles)

BY:

Patrick Martinez
TITLE: City Manager
DATE:

ATTEST:

BY:

Dale Jones
TITLE: City Clerk
DATE:

CONSULTANT:

BY:

TITLE:

DATE:
12 EXHIBIT A
Request For Proposals
Attached
13 EXHIBIT B
Proposal
[Attached behind this page]
14 EXHIBIT C
Insurance Requirements
Time for Compliance.

Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section.

Minimum Requirements.

Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement.

Such insurance shall meet at least the following minimum levels of coverage:
i. General liability. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. ii. Automobile liability. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. iii. Professional liability (errors & omissions). Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the Services required by this Agreement. iv. Worker’s Compensation. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
15 Other Provisions or Requirements
• Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insured’s provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. • Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
• Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.

Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to the City.
• Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by the City prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. • City Approval. All coverage types and limits required are subject to approval, modification and additional requirements by City, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
• Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant 16 or City will withhold amounts sufficient to pay premium from Consultant payments.

In the alternative, City may cancel this Agreement. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
• Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. • Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance.

Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. • Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
• Additional insured status. All policies required herein shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies.
• Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review.
• City’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change 17 results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
• Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
• Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Kirsten Merritt
Councilmember Tona Belt
Councilmember Ellen Campbell
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
City Manager Patrick J. Martinez

MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: June 28, 2024

1. City crews promptly responded to reports of a fire on the 900 block of Bush Street around 1:15 p.m. on Saturday, June 22, 2024. Upon arrival, they found a residential structure engulfed in flames. The fire then spread northwards along the Colorado River. The San Bernardino County Fire Department and several other fire departments from the region, including Mohave Valley Fire and Bullhead City Fire Departments, responded to offer assistance. The fire extended north to Needles Highway and led to mandatory evacuations at Fenders Resort.

The San Bernardino County Fire Department requested additional resources for support. Over 20 San Bernardino County Fire Department units, including San Bernardino County Sheriff Air Rescue, were deployed. Fire units from the Mohave Valley Fire Department and Bullhead City Fire Department also offered assistance.

The fire crossed the Colorado River into Arizona, burning a total of more than 200 acres.

The efforts of the various agencies involved, including the San Bernardino County Office of Emergency Services, Cal OES, Department of Public Health, National Weather Services, Red Cross, California Highway Patrol, Caltrans, San Bernardino County Sheriff's Office, and the City of Needles Public Works, Electric, and Water Departments, are commendable for their dedication and hard work in providing emergency response. As per the Cal Fire Incident Update, the incident has been concluded as of June 26, 2024. Seventy acres were burned in Needles, and the Needles fire has been completely contained.

Multiple organizations are actively supporting the resident who was displaced by the fire, providing a range of donations including clothing, tools, and hygiene products. All donations can be dropped off at the front desk at Budget Inn 2104 Needles Hwy Needles, CA 92363, demonstrating the community's solidarity in times of crisis.

2. On Monday, June 24, 2024, the City's Animal Shelter implemented the Trap, Neuter, and Release Program. The initial focus was on Bazoobuth, resulting in the neutering of 12 cats. The program will now extend its focus to the surrounding areas, including B Street, La Mesa Way, and D Street for the next month. The goal of this initiative is to improve our community by managing the population of roaming cats, reducing diseases, and increasing adoption rates, ultimately aiming to eliminate euthanasia at our shelter. Residents can report roaming cats to the Needles Animal Shelter by calling 760-326-4952 or using the Needles Connect app, available on the Apple App or Google Play Store.

3. The Housing Authority of the City of Needles will be accepting applications! For a limited time, starting July 1, 2024, until July 31, 2024, the Section 8 Housing Choice Voucher (HCV) Program will be accepting placement applications, and the Public Housing waitlist is open year-round. Applications can be obtained and submitted to the Needles Housing Authority at 908 Sycamore Drive. For more information please call (760)326-3222 Monday through Friday from 9:00 a.m. to 4:00 p.m.

4. IMPORTANT UPCOMING DATES:
• Set Free Church in collaboration with TNT Fireworks, will be selling safe and sane fireworks from noon on June 28, 2024, through July 6, 2024, at 1164 Needles Highway (formerly Miranda’s Car Wash). For more information, call 760-326-2941.
• Needles Elks Lodge is hosting the Annual 4th of July Pool Party from 12pm to 4pm at the City of Needles Aquatics Center. Free open swim for everyone. • Palo Verde College is hosting "Pirate Tuesday" on July 26, 2024, from 10am to 2pm at the Palo Verde Needles Education Center located at 725 W. Broadway (formerly Claypool's). This community outreach event will feature free food, snacks, and drinks. All are welcome to join! For more information, call 760-326- 5033.

City of Needles 817 Third Street, Needles, California 92363 (760) 326-2113 • FAX (760) 326-6765
www.cityofneedles.com
Mayor, Janet Jernigan
Vice Mayor Kirsten Merritt
Councilmember Tona Belt
Councilmember Ellen Campbell
Councilmember Jamie McCorkle
Councilmember JoAnne Pogue
Councilmember Henry Longbrake
City Manager Patrick J. Martinez

MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PATRICK J. MARTINEZ, CITY MANAGER
SUBJECT: WEEKLY MEMORANDUM
DATE: June 21, 2024

1. Today, the City of Needles community gathered to celebrate the grand opening of Bob Belt Beach Park, formerly First Beach. The revitalized park is now open just in time for the summer season. Thanks to a $2,179,702 grant from the State of California's Clean California Grant Program, we have transformed this space into a functional and engaging environment, aligning with our Council Goals. City Staff cleared the first and second beaches for fire abatement earlier in the week. This enhancement aims to attract more families and engage both residents and visitors.

Please see the attached images of today's celebration.

2. On Monday, June 17, 2024, the Chamber of Commerce hosted a ribbon-cutting ceremony for U.S. Cannabis Laboratories, which recently opened its doors. As the first cannabis testing laboratory in Needles and San Bernardino County and one of only 29 in the entire state, U.S. Cannabis Laboratories plays a crucial role in ensuring the safety and quality of cannabis products. City officials, Chamber members, and community residents gathered to celebrate this addition to our local economy. This effort aligns with the City Council’s goal of creating a thriving, probusiness environment that attracts diverse sectors. Please see the attached image from the event.

3. Earlier this week, ICMA announced that the City of Needles has been selected to join ICMA's 2024 Economic Mobility and Opportunity Cohort, supported by the Gates Foundation's Economic Mobility and Opportunity (EMO) initiative. This prestigious program includes 15 diverse local governments, each receiving a $20,000 grant for initiatives to enhance residents' upward mobility. Needles will focus on a comprehensive housing study to identify community housing needs.

Over the coming months, the cohort will engage in service gap assessments, community needs assessments, action planning, and pilot programming to address challenges in housing affordability, workforce development, and financial security.

We are proud to be recognized by ICMA, the world's leading association of

professional city and county managers, underscoring our commitment to fostering economic mobility and opportunity for all residents. Refer to the attached release for more information.

4. On Thursday, June 20, 2024, the San Bernardino County Transportation Authority (SBCTA) Hydrogen Passenger Train stopped at the BNSF Railyard for a crew change. This new train is vital to SBCTA's efforts to advance its hydrogen infrastructure project ahead of California's Zero-Emission Multiple Unit (ZEMU) train service. As North America's first hydrogen passenger train, this pilot program aims to set a global precedent for successful hydrogen-powered rail transportation. Refer to the attached images for a visual description.

5. The City’s Fleet Maintenance Public Works staff has taken over the maintenance of the City Contracted Sheriff’s Vehicles. The City of Needles is fortunate to have Automotive Service Excellence (ASE) certified staff, which helps reduce labor costs for vehicle maintenance. This effort aligns with the City Council’s goal of maintaining budgets. Refer to the attached images for more insights.

6. On Monday, June 24, 2024, the City’s Animal Shelter will implement the Trap, Neuter, and Release Program. Last November, the shelter received a $112,000 grant, which enabled it to acquire a new vehicle, hire a part-time staff member, and procure essential supplies. This initiative aims to enhance our community by managing roaming cats, curbing diseases, and boosting adoption rates, ultimately eliminating euthanasia at our shelter. Please see the attached images for a visual update. Residents can report roaming cats to the Needles Animal Shelter by calling 760-326-4952 or using the Needles Connect app, available on the Apple App or Google Play Store.

7. IMPORTANT UPCOMING DATES:
• The Eagles are hosting a free open swim for children aged 16 and under tomorrow, June 22, 2024, from 2:00 p.m. to 6:00 p.m. at the City of Needles Aquatics Center, located at 1101 Civic Center Dr. Don’t miss out on this exciting event! For more information, call (760) 326-2599.
• Set Free Church in collaboration with TNT Fireworks, will be selling safe and sane fireworks from noon on June 28, 2024, through July 6, 2024, at 1164 Needles Highway (formerly Miranda’s Car Wash). For more information, call 760-326-2941.
• Needles Elks Lodge is hosting the Annual 4th of July Pool Party from 12pm to 4pm at the City of Needles Aquatics Center. Free open swim for everyone. • Palo Verde College is hosting "Pirate Tuesday" on July 26, 2024, from 10am to 2pm at the Palo Verde Needles Education Center located at 725 W. Broadway (formerly Claypool's). This community outreach event will feature free food, snacks, and drinks. All are welcome to join! For more information, call 760-326- 5033.

1. BOB BELT BEACH PARK RIBBON CUTTING
Image Source: Needles Desert Star

2. U.S. CANNABIS LABS RIBBON CUTTING
Local governments selected for ICMA's 2024 Economic Mobility and Opportunity Cohort Fifteen cities, towns, and counties representing diverse populations, geographies, operating budgets, and other local conditions have been selected for ICMA’s 2024 Economic Mobility and Opportunity Peer Learning Cohort and Grant Program. In addition to professional development and networking opportunities for their team leaders, the selected local governments will each receive a $20,000 grant to advance a local assessment, planning process, or program aimed at boosting upward mobility of residents. This program from ICMA is made possible by support from the Gates Foundation’s Economic Mobility and Opportunity (EMO) program.

Economic mobility refers to the ability of individuals and generations to move up the economic ladder over time, a concept often explained colloquially as “doing better than your parents.” While economic mobility is frequently associated with income, several factors can influence an individual’s economic mobility outcome, and local governments are uniquely positioned to influence conditions that make it possible for all residents and households to access opportunities and get ahead. The following local governments were selected through an application process that gauged understanding of local needs and readiness to implement EMO strategies through the cohort program and beyond:

Prescott Valley, AZ
Needles, CA
Redwood City, CA
Miami Gardens, FL
Newton, KS
Gaithersburg, MD
Lisbon, ME
Tunica County, MS
Thomasville, NC
Washington County, OR
La Marque, TX
https://icma.org/articles/article/icma-selects-2024-economic-mobility-and-opportunity-cohort 1/3 New, Reduced Membership Dues
A new, reduced dues rate is available for CAOs/ACAOs, along with additional discounts for those in smaller communities, has been implemented. Learn more and be sure to join or renew today!

LEARN MORE

3. ICMA 2024 EMOC

4. SBCTA HYDROGEN PASSENGER TRAIN

5. FLEET MAINTENANCE SBCSO

6. ANIMAL SHELTER PROGRAM