Agenda packet, regular meeting, second session — Nevada City City Council, December 14, 2023 (part 1 of 2)

City of Nevada City
City Council

REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
THURSDAY December 14, 2023 6:30 PM

MISSION STATEMENT
The City of Nevada City is dedicated to preserving and enhancing its small-town character and historical architecture while providing quality public services for our current and future residents, businesses, and visitors.

Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, Council Member
Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:

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

1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.

2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ

3. Observe this meeting live from the local government cable channel 17 Public comments may be made:

1. In person: Live at the meeting. Members of the public desiring to speak on a matter appearing on the agenda should ask the Mayor for the opportunity to be heard when the item comes up for Council consideration. Comments for all agenda items are limited to a speaking time of three minutes.

2. Via Zoom: If you choose to join the City Council Meeting via Zoom video conference you will be able to utilize “Raise Hand”. If joining by internet:
https://us02web.zoom.us/j/89009138474 If joining by telephone: Dial 1-669-900-9128 Webinar ID: 890 0913 8474, dial *9 (push the asterisks button followed by the five button) to “Raise Hand”. The Mayor will call on those who wish to speak at the appropriate time, not to exceed three minutes.

3. In writing: Email your comments to [email protected] or provide your comments in writing to the Deputy City Clerk at City Hall. Comments will be accepted until 7pm on the Monday prior to the meeting date. Comments will not be read during the City Council meeting (due to virtual participation option above) but will be forwarded to all Council Members and made available for public review prior to the City Council Meeting. When sending an email, it is extremely helpful to include the following:
• Full Name
• Address (specific or general, i.e.: resident in unincorporated Nevada City) • The item number that you are commenting on
Any writing that is a public record that relates to an agenda item for open session distributed less than 72 hours prior to the meeting will be available for public inspection at City Hall, 317 Broad Street, Nevada City, California during normal business hours. Government Code § 54957.5(b)(1). Copies will also be provided at the appropriate meeting.

In compliance with the Americans with Disabilities Act of 1990, if you need special assistance to participate in this meeting, please contact the Deputy City Clerk at 530-265-0187 Extension 133. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

MEETING PROCEDURES:

All items on agenda will be open for public comments before final action is taken. Speakers must restrict comments to the item as it appears on the agenda and stay within a three-minute time limit (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on an item). The Mayor similarly has the discretion of limiting the total discussion time for an item as may be necessary.

Members of the public attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. These Standards and Procedures shall apply to all City Council Meetings, members of the public:
(a) Shall limit comment time to that listed on the agenda; (b) May criticize City policies, procedures, programs and/or services or the acts or omissions of Council Members in carrying out their responsibilities as public officials, but shall refrain from disruptive behavior;
(c) Shall speak only from the podium when recognized by the Mayor, and shall address comments to the Mayor and not to staff or members of the audience; (d) Shall not approach individual Council Members while a meeting is in progress; (e) May provide written materials (10 copies recommended) to the Council during a meeting by giving the materials directly to the City Clerk.

The Mayor or presiding member of the Council has the authority to remove, or designate a person to remove, an individual for disrupting the Council meeting. Disruptive behavior is any action that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.

Before taking this action, the Mayor/presiding member shall warn the individual that their behavior is disruptive and that failure to cease this behavior may result in their removal. If the behavior does not promptly cease, the individual may be removed.

No warning is required to precede removal if an individual engages in behavior that is a true threat of force. A true threat of force has sufficient indicia of intent and seriousness so that a reasonable observer would perceive it to be an actual threat to use force by the person who makes the threat.

CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes on the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe

PLEDGE OF ALLEGIANCE
ROLL CALL _____ Mayor Fernández
_____ Vice-Mayor Petersen
_____ Councilmember Fleming
_____ Councilmember Kline
_____ Councilmember Ceci
ADOPTION OF THE AGENDA (This is the time for agenda modifications) ANNOUNCEMENT OF ACTION FROM CLOSED SESSION (if needed)

PRESENTATIONS
Proclamation: Ribbon Cutting and Grand Opening BrewBilt BrewHaus PUBLIC COMMENT: Government Code Section 54954.3 provides that any member of the public may address the City Council on any matter NOT ON THE AGENDA that is within the subject matter jurisdiction of the city. The Brown Act, with limited exceptions, does not allow the Council or staff to discuss issues brought forth under Public Comment. The Council cannot take action on non-agenda items. Concerns may be referred to staff or placed on a future agenda. Please note that comments from the public will also be taken on each agenda item at the time it is heard. Speakers must adhere to the meeting procedures identified above.

CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items.

Councilmembers or the City Manager may remove items from the Consent Agenda for separate discussion and action by City Council. Members of the public may request to remove items from the Consent Agenda, during Consent Agenda public comment, for separate discussion and action by the City Council, but action is required by the City Council to do so by motion, second and roll call vote. Unless the City Council removes an item from the Consent Calendar for separate discussion, public comments are invited as to the consent calendar as a whole and limited to three minutes per person (or lesser time if the Mayor determines it necessary due to the number of persons who may wish to speak on the Consent Calendar). Any item removed for separate discussion and action will be taken up following the motion to approve the Consent Agenda.

1. Action Minutes November 8, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable Activity Report – November 2023
Recommended Action: Receive and file the report

3. Police Activity Report November 2023
Recommended Action: Receive and file the report

4. Building Activity Report November 2023
Recommended Action: Receive and file the report

5. Fire Activity Report – October 2023
Recommended Action: Receive and file the report

6. Consideration of Award of Contract with Barsotti Contracting in an Amount NotTo-Exceed $38,400.00 for Pioneer Park Bathroom Renovations at Pool Building; Authorize a Project Contingency of 10%, Not-To-Exceed $3,840.00; and Authorize the City Manager to Execute any Contracts or Related Documents Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents

7. Consideration of Award of a Contract Amendment for Professional Services Contract with Dokken Engineering for Structural Representative Services and Construction Support for Nevada Street Bridge Replacement in an Amount Not-to-Exceed $306,624 and Authorize the City Manager to Sign the Contract Amendment Recommended Action: Award of Professional Services Contract Amendment for Professional Structural Representative Services and Construction Support and authorize the City Manager to sign the contract

8. Consideration of Approval of Proposition 64 Authorized Purchases 1) from National Garage Door Company, for the Fire Station #5 Apparatus Door & Hardware Replacement Project in the Amount of $38,774.46 with a $1,938 Project Contingency; and 2) from Quest Technology Management, for Vape Detectors and Cameras for SAEL and Forest Charter Schools in the Amount of $55,668.40 Recommended Action: Approve the purchases

9. Consideration of Adoption of Resolution No. 2023-53: A Resolution of the City Council of the City of Nevada City Adopting the City Council and Planning Commission Meeting Schedule and Citywide Closure Calendar for 2024 Recommended Action: Adopt the resolution

10. Second Reading and Consideration of Ordinance 2023-08: An Ordinance of the City Council of the City of Nevada City, State of California Amending Section 17.68.080 of Chapter 17.68 (“COMBINING DISTRICT REGULATIONS”) and Section

17.80.190 of Chapter 17.80 (“DEVELOPMENT PERFORMANCE STANDARDS”) both of Title 17 (“ZONING”) of the City of Nevada City Municipal Code, Relating to the Lighting of Signs
Recommended Action: Hold second reading and adopt the ordinance CONSENT ITEMS FORWARD (if needed): Items pulled from the Consent Agenda will be discussed individually with action taken by separate motion.

BUSINESS

11. Consideration of 1) a Lifetime Service Award to William “Bill” Falconi for More Than Fifty-One (51) Years of Service to the City of Nevada City, and 2) Direction on the Naming and Placemaking for the Nevada Street Bridge Construction in Mr.

Falconi’s Honor
Recommended Action: Recognize the lifetime service award and direct staff to prepare a resolution and naming plaque

12. Consideration of the South Yuba River Citizens League (SYRCL) Request for Monetary Sponsorship in the Amount of $2500, Fee Waiver for City Facility Use, and Special Event Street Closure Request for the 2024 Wild & Scenic Film Festival Recommended Action: Receive a presentation from the applicant, review, approve, and authorize the sponsorship, fee waiver, and special event street closure requests per the submitted application

13. Consideration of 1) the Appointment of Kerry Rose Appointing to Fill the Vacant Nevada City Fire Safety Advisory Committee Member Position Through the Term Ending September 15, 2024, and 2) Adoption of Resolution No. 2023-54: A Resolution of the City Council of the City of Nevada City, California, Amending the Composition of the Nevada City Fire Safety Advisory Committee
Recommended Action: Approve the appointment and adopt the resolution

14. Consideration of the Appointment of Seven (7) Public Arts Commissioners as Established in Ordinance 2023-09: An Ordinance of the City Council of the City of Nevada City Adding Chapter 2.38 (“Public Arts Commission”) to Title 2 (“Administration and Personnel”) of the City of Nevada City Municipal Code, Relating to the Establishment of a Public Arts Commission.

Recommended Action: Appoint the commissioners recommended by the four stakeholder groups and select and appoint the at-large artists in residence and youth commissioner

15. Consideration of Approving a One-Time Equity Payment to Full-Time City Employees in the Amount of $3000 of which $500 Must be Expended at Businesses in the City of Nevada City
Recommended Action: Approve the equity payment

16. Consideration of Award of City Website Request for Proposal (RFP) and Authorize the City Manager to Execute any Related Documents
Recommended Action: Approve the award and authorize the City Manager to execute any related documents

17. Consideration of Award of City Audit Request for Proposal (RFP) and Authorize the City Manager to Execute any Related Documents
Recommended Action: Approve the award and authorize the City Manager to execute any related documents

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.

Certification of Posting of Agenda
I, Gabrielle Christakes, Deputy City Clerk for the City of Nevada City, declare that the foregoing agenda for the December 14, 2023, Regular Meeting of the Nevada City City Council was posted December 8, 2023, at the entrance of City Hall. The agenda, along with staff reports, is also posted on the City’s website.

Signed December 8, 2023, at Nevada City, California
____________________________________________________
Gabrielle Christakes, Deputy City Clerk
City of Nevada City
City Council

REGULAR MEETING
City Hall – Beryl P. Robinson, Jr. Conference Room
317 Broad Street, Nevada City, CA 95959
THURSDAY December 14, 2023 6:30 PM

Daniela Fernández, Mayor
Gary Petersen, Vice Mayor Doug Fleming, Council Member
Adam Kline, Council Member Lou Ceci, Council Member
NOTICE TO THE PUBLIC:

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

1. Attending this meeting in person at the City of Nevada City Council Chambers located at 317 Broad Street Nevada City, California.

2. Observing this meeting live from the City of Nevada City YouTube channel at:
https://www.youtube.com/channel/UCXSQwrXtey12YIl3IbyGMYQ

3. Observe this meeting live from the local government cable channel 17 Public comments may be made:

MEETING PROCEDURES:

CALL TO ORDER
NISENAN TRIBE RECOGNITION: This City Council Meeting Convenes on the Ancestral Territories of the Nevada City Rancheria Nisenan Tribe

CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items.

1. Action Minutes November 8, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable Activity Report – November 2023
Recommended Action: Receive and file the report

3. Police Activity Report November 2023
Recommended Action: Receive and file the report

4. Building Activity Report November 2023
Recommended Action: Receive and file the report

5. Fire Activity Report – October 2023
Recommended Action: Receive and file the report

BUSINESS

Falconi’s Honor
Recommended Action: Recognize the lifetime service award and direct staff to prepare a resolution and naming plaque

Recommended Action: Appoint the commissioners recommended by the four stakeholder groups and select and appoint the at-large artists in residence and youth commissioner

CITY MANAGER, COUNCILMEMBER REPORTS AND FUTURE AGENDA ITEMS

ADJOURNMENT
The meeting will adjourn at 9:30 P.M. unless a decision is made by motion of a Councilmember to extend the time.

Signed December 8, 2023, at Nevada City, California
____________________________________________________
Gabrielle Christakes, Deputy City Clerk
1 CITY OF NEVADA CITY

ACTION MINUTES
REGULAR CITY COUNCIL MEETING OF NOVEMBER 8, 2023
NOTE: This meeting is available to view on the City’s website www.nevadacityca.gov – Go to Quick Links and Click on Agendas & Minutes and find the Archived Videos in the middle of the screen. Select the meeting date and Click on Video to watch the meeting. For website assistance, please contact Gabrielle Christakes, Deputy City Clerk at (530) 265-2496, ext 133. - City Council Meetings are available on DVD. To order, contact City Hall - cost is $15.00 per DVD. - Closed Session Meetings are not recorded.

REGULAR MEETING – 6:33 PM - Call to Order

NISENAN TRIBE RECOGNITION
PLEDGE OF ALLEGIANCE:

Roll Call: Present: Mayor Fernàndez, Councilmembers Petersen, Fleming, Ceci, Kline ADOPTION OF THE AGENDA:

Action: Motion by Petersen, seconded by Ceci to adopt the Agenda for November 8, 2023 Meeting (Approved 4-0) Fernàndez, Petersen, Kline, Ceci, Fleming PUBLIC COMMENT (Per Government Code Section 54954.3)
Please refer to the meeting video on the City’s website at www.nevadacityca.gov.

PRESENTATIONS
Proclamation: Nisenan Heritage Month
Proclamation: Winnie Superette Ribbon Cutting
Proclamation: Sierra Mobile Glass Ribbon Cutting
Proclamation: Nevada County Toy Run 2023
CONSENT ITEMS:

1. Action Minutes October 18, 2023, Regular Meeting
Recommended Action: Review and approve the minutes

2. Accounts Payable Activity Report – October 2023
Recommended Action: Receive and file the report

3. Police Activity Report October 2023
Recommended Action: Receive and file the report

4. Building Activity Report October 2023
2 Recommended Action: Receive and file the report

5. Fire Activity Report – September 2023
Recommended Action: Receive and file the report

6. Consideration of Fee Waivers for Recreation Facility Rentals 2024-2028 for Nevada City Lions Club, Boy Scouts of America – Troop 24 & Cub Scouts Pack 23, Nevada County Concert Band, and Nevada County Horseshoe Club Groups Based on Historical and On-Going In-Kind City Contributions
Recommended Action: Approve the fee waivers

7. Consideration of a City Lease Accounting Policy
Recommended Action: Adopt the policy

8. Consideration of a City Unclaimed Property Policy
Recommended Action: Adopt the policy

9. Consideration of Award of Contract with Miles Masonry in an Amount Not-To-Exceed $60,939 for Sacramento Street Wall Repair; Authorize a Project Contingency of 10%, Not-To-Exceed $6,094; and Authorize the City Manager to Execute any Contracts or Related Documents Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents

10. Consideration of Resolution No. 2023-50: Resolution of the City Council of the City of Nevada City, California Authorizing State of California Cannabis Equity Act Grant Funding Recommended Action: Adopt the resolution
Action: Motion by Petersen, Seconded by Fleming, to approve items 1 through 10 on Consent (Approved 5-0) Fernàndez, Petersen, Fleming, Kline, Ceci

PUBLIC HEARING

11. Conduct a Public Hearing in Consideration of Adoption of Resolution No. 2023-51: A Resolution of the City Council of the City of Nevada City, California Adopting a Regional Transportation Mitigation Fee (RTMF) Administrative Plan, Authorizing the Execution of an RTMF Agreement and Authorizing the Collection of RTMF Fee
Recommended Action: 1) Conduct a public hearing; 2) Adopt the resolution Action: Motion by Ceci, Seconded by Kline, to Adopt Resolution 2023-51 Adopting a Regional Transportation Mitigation Fee (RTMF) Administrative Plan, Authorizing the Execution of an RTMF Agreement and Authorizing the Collection of RTMF Fee (Approved 5-0) Fernàndez, Petersen, Fleming, Kline, Ceci

BUSINESS

12. Second Reading and Consideration of Ordinance 2023-10: An Ordinance of the City of Nevada City, California Imposing a Special Transactions and Use Tax to Be Administered by the California Department of Tax and Fee Administration to Fund the City’s Wildfire Prevention and Mitigation Program
Recommended Action: Hold second reading and adopt the ordinance. *Adoption requires a 4/5 or greater approval by the City Council Action: Motion by Ceci, Seconded by Kline, to Adopt Ordinance 2023-10 Imposing a Special 3 Transactions and Use Tax to Be Administered by the California Department of Tax and Fee Administration to Fund the City’s Wildfire Prevention and Mitigation Program (Approved 5-0) Fernàndez, Petersen, Fleming, Kline, Ceci

13. Consideration of Adoption of Resolution No. 2023-52: A Resolution of the City Council of the City of Nevada City, California Adopting the Nevada City Cannabis Equity Assessment and Creating a Nevada City Cannabis Local Equity Program; and Authorizing a One-Time Fee Waiver / Reimbursement for Equity Participants in an Amount Not-To-Exceed $10,000 Recommended Action: Adopt the resolution and authorize the fee waiver Action: Motion by Petersen, Seconded by Kline, to Adopt Resolution 2023-52 Adopting the Nevada City Cannabis Equity Assessment and Creating a Nevada City Cannabis Local Equity Program; and Authorizing a One-Time Fee Waiver / Reimbursement for Equity Participants in an Amount Not-To-Exceed $10,000 with recommended changes from staff (Approved 5-0) Fernàndez, Petersen, Fleming, Kline, Ceci

14. Consideration of a Grant Modification for the Proposition 64 Cohort 3 Grant Award Related to Turf Field Conversion and Other Potential Project Amenities Recommended Action: Provide direction to staff with regard to the grant modification Action: Direction provided to staff

15. Consideration of the Input Provided to the Strategic Initiative Business Committee as Referred by the City Council in Relation to Ordinance 2023-08: An Ordinance of the City Council of the City of Nevada City, State of California Amending Section 17.68.080 of Chapter 17.68 (“COMBINING DISTRICT REGULATIONS”) and Section 17.80.190 of Chapter 17.80 (“DEVELOPMENT PERFORMANCE STANDARDS”) both of Title 17 (“ZONING”) of the City of Nevada City Municipal Code, Relating to the Lighting of Signs Recommended Action: Provide direction with regard to adopting or modifying the ordinance Action: Direction provided to staff
CITY MANAGER AND COUNCILMEMBER REPORTS: Verbal report provided ADJOURNMENT: 9:48 PM
AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Daniela Fernàndez, Mayor
ATTEST:
____________________________
Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 02
Subject: Accounts Payable Activity Report November 2023 From: Brittnie Neundorfer, Accounting Technician
Date: November 30, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

The attached Accounts Payable Report for November 2023 reviews the accounts payable and check register for the month.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:

Accounts Payable Report November 2023

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 03
Subject: Monthly Statistical Crime Data November 2023
From: Dan Foss, Chief of Police
Date: December 07, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

Attached is the Nevada City Police Department's monthly statistical crime report for November 2023.

Refer to the attached spreadsheet for additional information.

As we are all aware, fentanyl use across the nation has been on the rise for several years. Unfortunately, Nevada City is not an exception to this pandemic. Fentanyl is a deadly drug responsible for the death of tens of thousands of people annually and being that it is over 50 times stronger than heroin and 100 times more potent than morphine, it is easy to see why.

Thankfully, your officers with the Nevada City Police Department are highly trained to combat this growing drug trend and protect our citizens. Recently, Officer Greg Anderson (with partner Ruby) responded to an incident where he thought drug use might be involved. After a short investigation, Officer Anderson found the suspect had over 13 grams (approximately half an ounce) of fentanyl with the intent to sell in his possession. Considering that just .2 milligrams can be fatal to many people, this is enough of the drug to kill hundreds of our citizens. Thankfully, the drug is off our streets due to Officer Anderson’s diligent work. This is an incredibly frightening drug, and remember, it is essential to talk to friends and family about the risks of fentanyl in our community.

Code Enforcement has been working with our attorneys for several months to obtain receivership for a dilapidated property in the 800 block of Gold Flat Road, and the process was completed recently. The property contains several buildings and outbuildings, all in various states of decay, and none can be restored or livable. The property is also considered an extreme fire hazard and a health and safety violation for people or animals living there. At the time of receivership, the property was condemned and vacant. Now, the process begins to ensure the property is cleaned up and is no longer a danger to our community.

Nevada City Police Department will always be available for comments and will notify the council of any concerns.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

None.

ATTACHMENTS:

November 2023 Case Report

CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Case Report Type
ANIMAL 1 1% 0 0% 0 0% 0 0% 1 100%
ASSAULT - A 0 0% 0 0% 2 5% 0 0% -2 -200%
ASSAULT - S 4 5% 1 25% 1 2% 0 0% 3 300%
AUTO THEFT 0 0% 0 0% 1 2% 0 0% -1 -100%
BURGLARY 1 1% 0 0% 0 0% 0 0% 1 100%
DANGER TO SELF 1 1% 0 0% 0 0% 0 0% 1 100%
DECEASED PERSON 2 2% 0 0% 1 2% 0 0% 1 100%
DISORDERLY 3 4% 1 33% 3 7% 1 33% 0 0%
DOMESTIC VIOLENCE 1 1% 1 100% 0 0% 0 0% 1 100%
DUI 6 8% 0 0% 1 2% 0 0% 5 500%
FOUND PROPERTY 1 1% 0 0% 4 10% 0 0% -3 -300%
GRAFFITI 0 0% 0 0% 1 2% 0 0% -1 -100%
HIT-RUN-N 3 4% 0 0% 1 2% 0 0% 2 200%
LIQUOR LAWS 1 1% 1 100% 2 5% 0 0% -1 -100%
LOST PROPERTY REPORT 0 0% 0 0% 1 2% 0 0% -1 -100%
MENTAL HEALTH 0 0% 0 0% 1 2% 0 0% -1 -100%
MISC INFO RPT 4 5% 0 0% 7 17% 0 0% -3 -300%
MUNI CODE 0 0% 0 0% 2 5% 0 0% -2 -200%
NARCOTICS 2 2% 0 0% 0 0% 0 0% 2 200%
PROPERTY 1 1% 0 0% 0 0% 0 0% 1 100%
RESIST 0 0% 0 0% 1 2% 0 0% -1 -100%
SEX OFFENSE 0 0% 0 0% 1 2% 0 0% -1 -100%
STOLEN PROPERTY 1 1% 0 0% 0 0% 0 0% 1 100%
SUICIDE ATTEMPT 1 1% 0 0% 0 0% 0 0% 1 100%
THEFT 3 4% 0 0% 0 0% 0 0% 3 300%
TOW 7 9% 0 0% 3 7% 0 0% 4 400%
TRAFFIC 1 1% 1 100% 0 0% 0 0% 1 100%
TRAFFIC COLLISION 4 5% 1 25% 2 5% 0 0% 2 200%
TRESPASS 1 1% 0 0% 1 2% 0 0% 0 0%
VANDALISM 6 8% 0 0% 3 7% 0 0% 3 300%
VOIDED CASE NUMBER 1 1% 0 0% 0 0% 0 0% 1 100%
WARRANT ARREST 4 5% 1 25% 1 2% 0 0% 3 300%
Total Case Reports 60 7 40 1 20

CURRENT PERIOD SAME PERIOD LAST YEAR CHANGE
Type Number Percent Cleared* Percent Number Percent Cleared* Percent Number Percent Arrest Type
Adult Arrests Felony 5 25% 2 40% 4 31% 0 0% 1 100%
Adult Arrests Misd 15 75% 4 27% 8 62% 0 0% 7 700%
Juvenile Arrests Felony 0 0% 0 0% 0 0% 0 0% 0 0%
Juvenile Arrests Misd 0 0% 0 0% 0 0% 0 0% 0 0%
Warrant Arrests** 0 0% 0 0% 0 0% 0 0% 0 0%
All Other Arrests 0 0% 0 0% 1 8% 1 100% -1 -100%
Total Arrests 20 6 13 1 7
RMS-185 v1.10 Printed 12/7/2023 10:29:26 AM Page 1 of 1 Total Pages * Cleared - Is determined by the case disposition where the case is cleared by an arrest or an exception. ** Arrest Type, Warrant Arrests - Are Warrant reports where warrant type = 'ARREST'.

CITY OF NEVADA CITY
317 BROAD ST.

POLICE DEPARTMENT

MONTHLY STATISTICAL REPORT

CLEARED BY DISPO STATUS

REPORT PERIOD
November 2023
NEVADA CITY, CA 95959
(530) 265-4700

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 04
Subject: Building Activity Report November 2023
From: Lisa McCandless, Interim City Planner
Date: December 1, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

The attached Building Activity Report for November 2023 reviews the actions and activities for the month.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:

Building Activity Report November 2023
Building Activity Report - November 2023
Date Record Number Record Type Description Address Status 11/29/2023 233986 Express Permit
Residing business. Sewer backflow prevention already
verified. No action needed. Includes 2 inspections.
408 BROAD STREET,
Nevada City CA 95959 Issued
11/27/2023 233952 Express Permit
Digital. Remove existing Non-EPA Wood Stove and
venting and install new EPA Compliant Wood Stove and
venting. This permit includes 1 inspection.
310 NILE STREET, Nevada
City CA 95959 Issued
11/27/2023 23TMP-005154 Full Review
Repair four broken trusses above the central west area
of the Providence Mine room and one broken truss
above the southwest Gold Hill room in the ERAC
building due to snow damage. remove enough
suspended ceiling system in each conference room to
provide adequate access to the damaged areas.
950 MAIDU AVENUE,
Nevada City CA 95959
11/21/2023 233902 Express Permit
Web: Replace existing heating and cooling equipment in
existing residence. System located in/on side of
houseThis permit includes 1 inspection. Final inspection required.
525 JORDAN STREET,
Nevada City CA 95959 Issued
11/21/2023 233909 Express Permit Reroof. Cool Comp. 20 squares. 112 ORCHARD STREET,
Nevada City CA 95959 Received
11/21/2023 233920 Express Permit
14kW Honeywell Backup Generator with 100amp
transfer switch, 60amp breaker and natural gas line 1
1/4 inch for approx 70ft with dedicated regulator. This permit includes up to 2 inspections. Final inspection
required.
215 PROSPECT STREET,
Nevada City CA 95959 Issued
11/17/2023 233883 Express Permit
Digital: Commercial Replace rooftop package unit with
a 2.5 ton 14.0 SEER2 package unit.This permit includes
one inspection.
115 BOULDER STREET,
Nevada City CA 95959 Issued
11/17/2023 233876 Express Permit
Digital: Tear off and Reroof Warehouse with Class A firerated assembly using Versashield underlayment. 26 squares. Low sloped roof to meet energy requirements
minimum SRI of 75This permit includes up to 2
inspections. Final inspection required.
345 RAILROAD AVENUE,
Nevada City CA 95959 Issued
11/15/2023 233851 Express Permit
Web: Tear off and Reroof Residence with Owens
Corning Cool Roof Shingles. Sewer Backflow Prevention
& Flow Relief Device Required. Please contact City of
Nevada City. This permit includes up to 2 inspection.

Final inspection required.
110 WALRATH AVENUE,
Nevada City CA 95959 Finaled
11/14/2023 233838 Express Permit
Digital: Install new 4.86kW PV system on home, 12
modules with microinverters.This permit includes two
inspections.
316 MONROE STREET,
Nevada City CA 95959 Received
11/13/2023 LEG23-0074
Building Legacy
Permit Original BP# 84070275
126 BOULDER STREET,
Nevada City CA 95959 Closed
11/10/2023 233814 Express Permit
Web: Change out HVAC system for existing
residence.Sewer Backflow Prevention and Flow Relief
Device Required per Nev City Reso 2005-12Please call
City of Nevada City Public Works to verifyThis permit
includes 1 inspection. Final inspection required.
218 HIGH STREET, Nevada
City CA 95959 Issued
11/2/2023 233737 Express Permit
Web. Tear off comp roof and reroof with cool comp
shingles 38 squares. Installed sewer backflow
prevention device to be verified at final. PPR One
inspection. Final required.
710 ZION STREET, Nevada
City CA 95959 Received
11/1/2023 233708 Express Permit
Web. Tear off existing roof material and re-roof 49sqs
of Owens corning TruDef Cool shingles on main home,
6sqs on detached garage as well as 6 sqs on other
detached garage. PPR One inspection. Final
required.Installed sewer backflow prevention device to
be verified at final.
426 COMMERCIAL
STREET, Nevada City CA
95959 Issued
11/1/2023 233717 Express Permit
Relocate PGE Gas meter and extend gas line
approximately 80ft through easement on at 215
Bourbon Hill This permit includes up to 2 inspections.

Final inspection required.
177 BOURBON HILL ROAD,
Nevada City CA 95959 Issued

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 05
Subject: Fire Activity Report – October 2023
From: Sam Goodspeed, Division Chief
Date: December 7, 2023
Reviewed & Approved: STG
Recommended Action: Receive and file the report.

ISSUE STATEMENT AND DISCUSSION:

The attached Fire Activity Report reviews the Monthly Responses and Defensible Space / Vegetation Management Projects for Nevada City Fire Station 5.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Not applicable.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:
 Outside Unit Responses to Nevada City
 Station 5 Incident Type Summary Report
 Station 5 Response by District
 City of Nevada City Incident Type Report
 Defensible Space Projects
Basic Incident Date Time:

Basic Incident Zone/District Number (Fd1.32):

Apparatus Resource Id (Fd18.1):

Elite grsnev Outside Unit Responses to Nevada City
Total Responses Total Call Time in Minutes Average Time Spent on Call Apparatus Resource ID (FD18.1): Batt 2312
1 72 72
Total: 1 Total: 72
Avg: 72.00
Apparatus Resource ID (FD18.1): Batt 8
3 40 13
Total: 3 Total: 40
Avg: 13.33
Apparatus Resource ID (FD18.1): Dozer 2342
1 6 6
Total: 1 Total: 6
Avg: 6.00
Apparatus Resource ID (FD18.1): EMS13
3 49 16
Total: 3 Total: 49
Avg: 16.33
Apparatus Resource ID (FD18.1): Engine 84
14 247 18
Total: 14 Total: 247
Avg: 17.64
Apparatus Resource ID (FD18.1): Engine 86
3 31 10
Total: 3 Total: 31
Avg: 10.33
Apparatus Resource ID (FD18.1): Engine2352
2 121 61
Total: 2 Total: 121
Avg: 60.50
Apparatus Resource ID (FD18.1): Engine2354
1 7 7
Total: 1 Total: 7
Avg: 7.00
Apparatus Resource ID (FD18.1): Engine2362
2 2,870 1,435
Total: 2 Total: 2,870
Avg: 1,435.00
Apparatus Resource ID (FD18.1): Engine2364
1 7 7
Total: 1 Total: 7
Avg: 7.00
Apparatus Resource ID (FD18.1): Rescue 84
31 693 22
Total: 31 Total: 693
Avg: 22.35
Apparatus Resource ID (FD18.1): Tender 88
1 37 37
Total: 1 Total: 37
Avg: 37.00
Total: 63 Total: 4,180
Avg: 142.04
Report Criteria
Is Equal To Last Month
Is In 5 - Nevada City Stn 5, 5 - Station 5 - City, Nevada City Stn 5 Is Not In Batt 1, Batt 2, Batt 3, Brush 5, CPT11, Chief 1, Engine 1, Engine 2, Engine 201, Engine 202, Engine 205, Engine 5, OESE4104, OESE4609, P 2, P 3, P1, 1 of 2 Printed On: 11/14/2023 08:12:00 AM
Squad 2, Truck 2, Utility 1, Utility 2, Utility 5, Utility 54 2 of 2 Printed On: 11/14/2023 08:12:00 AM
Elite grsnev Station 5 Incident Type Report (Summary)
Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
111 - Building fire 1 0.74%
113 - Cooking fire, confined to container 1 0.74%
131 - Passenger vehicle fire 1 0.74%
132 - Road freight or transport vehicle
fire
2 1.47% 3,000.00 3,000.00 6,000.00 100.00%
143 - Grass fire 1 0.74%
Total: 6 Total: 4.41% Total:
3,000.00
Total:
3,000.00
Total:
6,000.00
Total: 100.00%
Incident Type Category (FD1.21): 2 - Overpressure Rupture, Explosion, Overheat (No Fire) 251 - Excessive heat, scorch burns with
no ignition
2 1.47%
Total: 2 Total: 1.47% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 311 - Medical assist, assist EMS crew 1 0.74%
321 - EMS call, excluding vehicle accident
with injury
53 38.97%
322 - Motor vehicle accident with injuries 5 3.68%
324 - Motor vehicle accident with no
injuries.
1 0.74%
381 - Rescue or EMS standby 2 1.47%
Total: 62 Total: 45.59% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 4 2.94%
440 - Electrical wiring/equipment
problem, other
2 1.47%
Total: 6 Total: 4.41% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
552 - Police matter 1 0.74%
553 - Public service 3 2.21%
554 - Assist invalid 4 2.94%
561 - Unauthorized burning 1 0.74%
Total: 9 Total: 6.62% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 20 14.71%
6111 - Holding in Quarters 4 2.94%
622 - No incident found on arrival at
dispatch address
4 2.94%
651 - Smoke scare, odor of smoke 2 1.47%
652 - Steam, vapor, fog or dust thought
to be smoke
1 0.74%
671 - HazMat release investigation w/no
HazMat
1 0.74%
Total: 32 Total: 23.53% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
3 2.21%
735 - Alarm system sounded due to
malfunction
3 2.21%
743 - Smoke detector activation, no fire -
unintentional
7 5.15%
744 - Detector activation, no fire -
unintentional
2 1.47%
745 - Alarm system activation, no fire -
unintentional
4 2.94%
Total: 19 Total: 13.97% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 136 Total: 100.00% Total:
3,000.00
Total:
3,000.00
Total:
6,000.00
Total: 100.00%
1 of 2 Printed On: 11/14/2023 08:04:24 AM
Basic Incident Type (Fd1.21):

Apparatus Resource Id (Fd18.1):

Basic Incident Date - Derived (Fd1.3):

Agency Name:

Report Criteria
Is Not Blank
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
Is Equal To Grass Valley Fire Department
2 of 2 Printed On: 11/14/2023 08:04:24 AM
Apparatus Resource Id (Fd18.1):

Basic Incident Date - Derived (Fd1.3):

Elite grsnev Station 5 Response by District
Basic Incident Zone/District Number (FD1.32) Number of Incidents 2 1 - Station 1 - City 5
2 - Station 2 - City 44
5 - Station 5 - City 60
NCC 54 7
NCC 84 9
NCC 86 7
NCC 87 3
NCC 89 1
Report Criteria
Is In Brush 5, Chief 5400, Engine 5, Utility 5
Is Equal To Last Month
1 of 1 Printed On: 11/14/2023 08:04:24 AM
Basic Incident Zone/District Number (Fd1.32):

Basic Incident Postal Code (Fd1.19):

Basic Incident Date - Derived (Fd1.3):

Agency Name:

Elite grsnev City of Nevada City Incident Type Report (Summary) Basic Incident Type Code And
Description (FD1.21)
Total
Incidents
Total Incidents Percent of
Incidents
Total Property
Loss
Total Content
Loss
Total Loss Total Loss Percent
of Total
Incident Type Category (FD1.21): 1 - Fire
132 - Road freight or transport vehicle
fire
2 2.94% 3,000.00 3,000.00 6,000.00 100.00%
141 - Forest, woods or wildland fire 1 1.47%
Total: 3 Total: 4.41% Total:
3,000.00
Total:
3,000.00
Total:
6,000.00
Total: 100.00%
Incident Type Category (FD1.21): 3 - Rescue & Emergency Medical Service Incident 321 - EMS call, excluding vehicle accident
with injury
38 55.88%
322 - Motor vehicle accident with injuries 2 2.94%
Total: 40 Total: 58.82% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 4 - Hazardous Condition (No Fire) 412 - Gas leak (natural gas or LPG) 1 1.47%
Total: 1 Total: 1.47% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 5 - Service Call
552 - Police matter 1 1.47%
554 - Assist invalid 4 5.88%
561 - Unauthorized burning 2 2.94%
Total: 7 Total: 10.29% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 6 - Good Intent Call
611 - Dispatched and cancelled en route 4 5.88%
622 - No incident found on arrival at
dispatch address
3 4.41%
652 - Steam, vapor, fog or dust thought
to be smoke
1 1.47%
Total: 8 Total: 11.76% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Incident Type Category (FD1.21): 7 - False Alarm & False Call 733 - Smoke detector activation due to
malfunction
2 2.94%
735 - Alarm system sounded due to
malfunction
1 1.47%
743 - Smoke detector activation, no fire -
unintentional
4 5.88%
745 - Alarm system activation, no fire -
unintentional
2 2.94%
Total: 9 Total: 13.24% Total: 0.00 Total: 0.00 Total: 0.00 Total: 0.00% Total: 68 Total: 100.00% Total:
3,000.00
Total:
3,000.00
Total:
6,000.00
Total: 100.00%
Report Criteria
Is In 5 - Station 5 - City, Nevada City Stn 5
Is Equal To 95959
Is Equal To Last Month
Is Equal To Grass Valley Fire Department
1 of 1 Printed On: 11/14/2023 08:04:17 AM

NEVADA CITY FIRE DEPARTMENT

OFFICE OF FIRE PREVENTION AND INVESTIGATION
317 broad street, Nevada city ca 95959
For the Protection of Life and Property From Fire – Since 1860 Defensible Space Projects
September 2023
APN# 005-130-011-000
Worked with California Department of Corrections and Rehabilitation (CDCR) Washington Ridge handcrew to clear and chip entire .69 ac. city-owned parcel on Old Downieville Road.

APN# 005-101-012-000
Worked with California Department of Corrections and Rehabilitation (CDCR) Washington Ridge handcrew to clear and chip approximately 3 ac. on the eastern side of the parcel between Champion Road and the Nevada Irrigation District (NID) access road.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 06
Subject: Consideration of Award of Contract with Barsotti Contracting in an Amount Not-To-Exceed $38,400.00 for
Pioneer Park Bathroom Renovations at Pool Building;
Authorize a Project Contingency of 10%, Not-To-Exceed
$3,840.00; and Authorize the City Manager to Execute any Contracts or Related Documents.

From: Dawn Zydonis, Parks and Recreation Manager
Bryan McAlister, City Engineer
Date: December 6, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Award the contract, authorize the contingency, and authorize the City Manager to execute related documents.

ISSUE STATEMENT AND DISCUSSION:

On June 5, 2018, California voters passed Proposition 68 by 57.6 percent. The $4 billion “Parks, Environment, and Water Bond Act of 2018” is detailed in Division 45 of the Public Resources Code. The City was eligible for Per Capita funding through this Proposition. The Per Capita Funds were available for local park rehabilitation, creation, and improvement grants on a per capita basis. The City applied for the funds and in February 2021, California State Parks Department awarded $177,952 to the City. The following year Nevada County accepted applications for projects under this same program. The County was also awarded Per Capita funding but made the funds available to the City’s and Recreation Departments in the County through an application process. The City applied for those funds and was awarded $53,000 of pass-through funds from the County.

The City Council approved the use of the funds for tennis court improvements and playground improvements. These projects were decided upon based on public workshops held by the City to gather public input on their priorities and desires for Pioneer Park. We focused on Pioneer Park because other recreational properties owned by the City would have required matching funds.

Plans and specifications were prepared for Pioneer Park Bathroom Renovations at the Pool Building, which is adjacent to the playground. This project includes renovation of both bathrooms with enclosed ceilings and an electric furnace for heating to prevent freezing so that the bathrooms can be open year-round and be available for use during winter months.

Plans and Bid Documents were issued for bid advertisement on November 6th, 2023 and bids were opened publicly on December 7th, 2023.

Bids were received, as follows:

Bid Amount
GSP Construction Inc., Rancho Cordova $ 73,000.00
Synergy Builders, Oroville $ 40,991.78
Barsotti Contracting, Nevada City $ 38,400.00
Eric Newman Construction, Nevada City $ 39,473.00
Barsotti Contracting was selected as the lowest responsive and responsible bidder.

FINANCIAL AND/OR POLICY IMPLICATIONS:

This project is funded by Prop 68-Per Capita funds, including pass through funds from the County of Nevada.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Parks: Parks, Open Space, Recreation, Programming & Community Facilities, specifically goal #7, “Actively pursue grants including Prop 68 and regional partnership grant opportunities.”
ENVIRONMENTAL CONSIDERATIONS:

A Notice of Exemption (NOE) was completed as part of the City’s Prop 68 – Statewide Park Program.

LEGAL REVIEW:

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

ATTACHMENTS:
 Contract for Pioneer Park Bathroom Renovations at Pool Building 1 Pioneer Park
Bathroom Renovations
at Pool Building
City of Nevada City, 95959
Nevada County, California
Bryan K. McAlister
PE C58570
PLS 9199
2 NOTICE TO CONTRACTOR'S
Pioneer Park Bathroom Renovations at Pool Building
Sealed proposals for Pioneer Park Bathroom Renovations at Pool Building will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on Thursday December 7, 2023, at which time, or as soon thereafter as practicable, all such proposals will be publicly opened and read at City Hall, 317 Broad Street, Nevada City, California.

Bids shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked "Pioneer Park Bathroom Renovations at Pool Building” No Bid Bonds are required.

The work includes the furnishing of all labor, materials, and equipment required for the job in accordance with the plans, specifications and other contract documents as set forth by the City Engineer. Such bid documents will be on file with the City staff and are available for inspection during office hours. Bid documents may be obtained at the office of said City Hall at 317 Broad Street, Nevada City, California.

There is a non-mandatory pre-bid meeting at 1pm on November 29, 2023 at the project site. ************************************************************************* The City reserves the right to reject all bids; or to accept any portion of bid schedule; to reject any bid which is incomplete or irregular; to determine which proposal is, in its judgment, the lowest responsible bid of a responsible bidder and to waive any informality or minor irregularity of any bid.

DATED: November 6, 2023 CITY OF NEVADA CITY

Bryan McAlister, PE, PLS
City Engineer
Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract Documents. Any request for clarification shall be submitted in writing, via email, to Bryan McAlister [email protected] not less than seventy-two (72) hours prior to bid opening.

6 AGREEMENT
THIS AGREEMENT is made this _______________ day of ______________________, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ___________________________________________, hereinafter called "Contractor." WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the Pioneer Park Bathroom Renovations at Pool Building in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor; NOW, THEREFORE, IT IS AGREED by and between said parties as follows:

1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.

2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) Dollars, payable in the manner hereinafter set forth.

3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.

4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within thirty (30) working days after Contractor receives said Notice to Proceed.

5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.

6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties. 7 7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto. City shall pay to Contractor a sum equal to ninety (90%) percent of the contract price apportionment for approved progress payments.

The remaining ten (10%) percent shall be paid to Contractor thirty-five (35) days after final acceptance of the work by City.

8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.

Executed in duplicate this day of , .

ATTEST: CITY OF NEVADA CITY

By:
(Mayor)
By:
(Contractor)
By:
(Authorized Officer)
8 GENERAL CONDITIONS

1. Inspection of Construction
The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.

2. Change Orders
If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.

3. Contractor’s Employees and Subcontractors
The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.

4. Errors and Omissions
If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.

5. Guaranty of Work
For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof. 9 6. Contractor’s Responsibility for Work
The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.

7. Performance Bond
No Performance bond shall be required for this project.

8. Payment Bond
A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.

A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer and in accordance with Section [9550 - 9566] of the CA Code.

9. Workmen’s Compensation Insurance
The Contractor shall carry workmen’s compensation insurance for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.

10. Insurance Requirements
CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts:

General Liability: $1,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed General Liability Insurance or
operations) other form with a general aggregate limit is used either the general aggregate limit shall
apply separately to this project/location or
the general aggregate limit shall be twice
the required occurrence limit.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification. 10 11. Prevailing Wages
Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:

State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination
Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites:
https://www.dir.ca.gov/oprl/DPreWageDetermination.html
And http://www.dir.ca.gov/das/publicworks.html
Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm Electronic Certified Payroll Records
 All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system
 No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].  No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.  This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
 The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d) 11 PART B

GENERAL CONDITIONS
Article
Number Title
1 Definitions
2 Preliminary Matters
3 Correlation, Interpretation and Intent of Contract Documents 4 Availability of Lands; Physical Conditions; Reference Points 5 Bonds of Insurance
6 Contractor's Responsibilities
7 Work by Others
8 Owner's Responsibilities
9 Engineer's Status During Construction
10 Changes in the Work
11 Change of the Contract Price
12 Change of the Contract Time
13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work
14 Payments and Completion
15 Suspension of Work and Termination
16 Arbitration
17 Miscellaneous
12 INDEX TO GENERAL CONDITIONS
Article or Paragraph
Number
Access to the Work 13.5
Addenda--definition of (see definition of Specifications) 1 Agreement--definition of 1
Agreement, Execution of 2.1
Application for Payment--definition of 1
Application for Payment, Final 14.12
Application for Progress Payment 14.2
Approval of Final Payment 14.13, 14.14
Approval of Payments--in general 14.4 thru 14.7.5
Arbitration 16
Availability of Lands 4.1
Award--Notice of--defined 1
Before Starting Construction 2.7 thru 2.9
Bid--definition 1
Bidder--definition 1
Bonds, Additional and Insurance 5.12
Bonds and Insurance--in general 5
Bonds--definition of 1
Bonds, Delivery of 2.2
Bonds, Performance and Payment 5.1, 5.2
Cash Allowances 11.9
Change Order--definition of 1
Changes in the Work 10
Claims, Waiver of 14.16
Clarifications and Interpretations 9.3
Cleaning 6.29
Completion, Payments and 14
Completion, Substantial 14.8, 14.9
Contract Documents--definition of 1
Contract Price, Change of 11
Contract Price--definition of 1
Contract Time, Change of 12
Contract Time--Commencement of 2.5
Contract Time--definition of 1
Contractor--definition of 1
Contractor May Stop Work or Terminate 15.5
Contractor, Neglected Work by 13.12
Contractor's Continuing Obligation 14.15
Contractor's Fee 11.6
Contractor's Liability Insurance 5.3
Contractor's Pre-Start Representations 2.4
Contractor's Responsibilities--in general 6
Contractor's Warranty of Title 14.3
Copies of Documents 2.3
Correction or Removal of Defective Work 13.9
Correction Period, One Year 13.10
Correction, Removal or Acceptance of Defective Work--in general 13 Correlation, Interpretation and Intent of Contract Documents 3 Cost of Work 11.4, 11.5
13 Costs, Supplemental 11.4.5
Day--definition of 1
Defective Work, Acceptance of 13.11
Defective Work, Correction or Removal of 13.9
Defective Work--definition of 9.4
Defective Work--in general 13
Defective Work, Rejecting 9.4
Definitions 1
Delivery of Bonds 2.2
Disagreements, Decisions by Engineer 9.9, 9.10
Documents, Copies of 2.3
Drawings--definition of 1
Drawings, Record 6.19
Emergencies 6.22
Engineer--definition of 1
Engineer's Responsibilities, Limitations on 9.11 thru 9.13 Engineer's Status During Construction--in general 9
Execution of Agreement 2.1

Fee, Contractor's 11.6
Field Order--definition of 1
Field Order--issued by Engineer 10.2
Final Acceptance for Payment 14.12
Final Inspection 14.11
Final Payment, Approval of 14.13, 14.14
General--Miscellaneous Provisions 17.3 thru 17.7
Giving Notice 17.1
Guarantee 13.1
Indemnification 6.30 thru 6.32
Inspection, Final 14.11
Inspection, Tests and 13.2, 13.3
Insurance--Additional Bonds and 5.12
Insurance, Bonds and--in general 5
Insurance--Certificates of 2.9 and 5
Insurance, Contractor's Liability 5.3
Insurance, OWNER's Liability 5.4
Insurance, Property 5.5 thru 5.11
Interpretations and Clarifications 9.3
Labor, Materials and Equipment 6.3 thru 6.6
Laws and Regulations 6.15
Limitations on Engineer's Responsibilities 9.11 thru 9.13 Local Conditions--Contractor's familiarity with 2.4
Materials and Equipment--furnished by Contractor 6.3
Materials or Equipment, Substitute 6.7
Miscellaneous Provisions 17
Modification--definition of 1

Neglected Work by Contractor 13.12
Notice, Giving of 17.1
Notice of Award--definition of 1
Notice to Proceed--definition of 1
14 Notice to Proceed--giving of 2.5
"Or-Equal" Items 6.7
OWNER--definition of 1
OWNER May Stop Work 13.8
OWNER May Suspend Work, Terminate 15.1 thru 15.4
OWNER's Liability Insurance 5.4
OWNER's Representative--Engineer to serve as 9.1
OWNER's Responsibilities--in general 8
Partial Utilization 14.10
Patent Fees and Royalties 6.13
Payments and Completion--in general 14
Payments, Approval of 14.4 thru 14.7.5
Performance, Payment and other Bonds 5.1 thru 5.2
Permits 6.14, 6.15
Physical Conditions--Surveys and Reports 4.2
Physical Conditions, Unforeseen 4.3
Preconstruction Conference 2.9
Premises, Use of 6.17, 6.18
Price--Change of Contract 11
Price--Contract--definition of 1
Progress Payment, Applications for 14.2
Progress Schedule 2.8, 14.1
Project--definition of 1
Project Representative, Resident--definition of 1
Project Representative, Resident--provision of 9.8
Project, Starting 2.6
Property Insurance 5.5 thru 5.11
Protection, Safety and 6.20 thru 6.21
Record Drawings 6.19
Reference Points 4.4
Regulations, Laws and 6.15
Rejecting Defective Work 9.4
Removal or Correction of Defective Work 13.9
Resident Project Representative--definition of 1
Resident Project Representative--provision of 9.8
Responsibilities, Contractor's 6
Responsibilities, OWNER's 8
Royalties, Patent Fees and 6.13
Safety and Protection 6.20 thru 6.21
Samples 6.23
Schedule of Shop Drawings Submissions 2.8, 14.1
Schedule of Values 14.1
Shop Drawings and Samples 6.23 thru 6.28
Shop Drawings--definition of 1
Site inspection--by Contractor 2.8
Site, Visits to--by Engineer 9.2
Specifications--definition of 1
Starting Construction, Before 2.7 thru 2.9
Stopping Work--by Contractor 15.5
Stopping Work--by OWNER 13.8
Subcontractor--definition of 1
Subcontractors--in general 6.8 thru 6.12
Substantial Completion--certification of 14.8
15 Substantial Completion--definition of 1
Substitute Materials or Equipment 6.7
Subsurface Conditions 4.2, 4.3
Supplemental Costs 11.4.5
Surety--consent to payment 14.12, 14.14
Surety--qualification of 5.1, 5.2
Suspending Work, by OWNER 15.1
Suspension of Work and Termination--in general 15
Superintendent--Contractor's 6.2
Supervision and Superintendence 6.1, 6.2
Taxes 6.16
Termination--by Contractor 15.5
Termination--by OWNER 15.2 thru 15.4
Termination, Suspension of Work and--in general 15
Tests and Inspections 13.2, 13.3, 13.7
Time, Change of Contract 12
Time, Computation of 17.2
Time, Contract--definition of 1
Uncovering Work 13.6, 13.7
Use of Premises 6.17, 6.18
Values, Schedule of 14.1
Visits to Site--by Engineer 9.2
Waiver of Claims 14.16
Warranty and Guarantee--by Contractor 13.1
Warranty of Title, Contractor's 14.3
Work, Access to 13.5
Work by Others--in general 7
Work, Cost of 11.4
Work--definition of 1
Work, Neglected by Contractor 13.12
Work, Stopping by Contractor 15.5
Work, Stopping by OWNER 15.1 thru 15.4
16 GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed; other Contract Documents are attached to the Agreement.

Application for Payment - The form furnished by ENGINEER which is to be used by CONTRACTOR in requesting progress payments and which is to include the schedule of values required by paragraph 14.1 and an affidavit of CONTRACTOR that progress payments therefore received on account of the Work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.

Bid - The offer or proposal of the Bidder submitting on the prescribed form setting forth the prices for the Work to be performed.

Bidder - Any person, firm, or corporation submitting a Bid for the Work.

Bonds - Bid, performance, and payment bonds and other instruments of security, furnished by CONTRACTOR and his surety in accordance with the Contract Documents.

Change Order - A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.

Contract Documents - The Agreement, Addenda (whether issued prior to the opening of Bid or the execution of the Agreement), Instructions to Bidders. CONTRACTOR's Bid, the Bonds, the Notice of Award, these General Conditions, the Supplementary Conditions, the Specifications, Drawings and Modifications.

Contract Price - The total moneys payable to CONTRACTOR under the Contract Documents.

Contract Time - The number of days stated in the Agreement for the completion of the Work, computed as provided in paragraph 17.2.

CONTRACTOR - The person, firm, or corporation with whom OWNER has executed the Agreement.

Day - A calendar day of twenty-four hours measured from midnight to the next midnight.

Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents.

ENGINEER - The person, firm or corporation named as such in the Agreement.

Field Order - A written order issued by ENGINEER which clarifies or interprets the Contract Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.

Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) 17 a written clarification or interpretation issued by ENGINEER in accordance with paragraph 9.3, or (d) a written order for a minor change or alteration in the Work issued by ENGINEER pursuant to paragraph 10.2. A Modification may only be issued after execution of the Agreement.

Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Agreement to him.

Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under the Contract Document.

OWNER - A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed.

Project - The entire construction to be performed as provided in the Contract Documents.

Resident Project Representative - The authorized representative of ENGINEER who is assigned to the Project site or any part thereof.

Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or some portion of the Work.

Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work. The specifications are customarily organized in 16 divisions in accordance with the Uniform System for Construction Specifications endorsed by the Construction Specifications Institute. [Note: the term "Technical Provisions" formerly described what is now referred to as the Specifications. For uniformity with the usage of other professional societies the term "Project Manual" is used to describe the volume formerly referred to as "The Specifications." The Project Manual contains documents concerning bidding requirements which in general govern relationships prior to the execution of the Agreement (such as the Invitation to Bid, Instructions to Bidders and Notice of Award) and the other portions of the Contract Documents.]
Subcontractor - An individual, firm, or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the site.

Substantial Completion - The date as certified by ENGINEER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purpose for which it was intended: or if there be no such certification, the date when final payment is due in accordance with paragraph 14.13.

Work - Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof. 18 ARTICLE 2 - PRELIMINARY MATTERS

Execution of Agreement:

2.1 At least three counterparts of the Agreement and such other Contract Documents as practicable will be executed and delivered by CONTRACTOR to OWNER within fifteen days of the Notice of Award: and OWNER will execute and deliver one counterpart to CONTRACTOR within ten days of receipt of the executed Agreement from CONTRACTOR. ENGINEER will identify those portions of the Contract Documents not so signed and such identification will be binding on all parties. OWNER, CONTRACTOR, and ENGINEER shall each receive an executed counterpart of the Contract Documents and additional conformed copies as required.

Delivery of Bonds:

2.2 When he delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as he may be required to furnish in accordance with paragraph 5.1.

Copies of Documents:

2.3 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise provided in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work.

Additional copies will be furnished, upon request, at the cost of reproduction.

Contractor's Pre-Start Representations:

2.4 CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the General Requirements (Division 1) of the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents.

Commencement of Contract Time: Notice to Proceed:

2.5 The Contact Time will commence to run on the thirtieth day after the day on which the executed Agreement is delivered by OWNER to CONTRACTOR: or if Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the day on which OWNER delivers the executed Agreement to CONTRACTOR. A Notice to Proceed may be given at any time within thirty days after the day on which OWNER delivers the executed Agreement to CONTRACTOR.

Starting the Project:

2.6 CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run.
19 Before Starting Construction:

2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.

He shall at once report in writing to ENGINEER any conflict, error, or discrepancy which he may discover, however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Drawings or Specifications.

2.8 Within ten days after delivery of the executed Agreement by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER for approval, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions.

2.9 Before starting the Work at the site, CONTRACTOR shall furnish OWNER and ENGINEER certificates of insurance as required by Article 5. Within twenty days after delivery of the executed Agreement by OWNER to CONTRACTOR, but before starting the Work at the site, a conference will be held to review the above schedules to establish procedures for handling Shop Drawings and other submissions and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR, and his Superintendent.

ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF

CONTRACT DOCUMENTS

3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR. They may be altered only by a Modification.

3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

The CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall call it to ENGINEER's attention in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Specifications or Drawings. In resolving such conflicts, errors, or discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary Conditions, Specifications and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials, or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards.

ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;

REFERENCE POINTS

Availability of Lands:

4.1 OWNER shall furnish, as indicated in the Contract Documents and not later than the date when needed 20 by CONTRACTOR, the lands upon which the Work is to be done, rights-of-way thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands or easements entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

Physical Conditions - Surveys and Reports:

4.2 Reference is made to the General Requirements (Division 1) of the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the Project site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparation of the Drawings and Specifications.

Unforeseen Physical Conditions:

4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. ENGINEER will promptly investigate those conditions and advise OWNER in writing if further surveys or subsurface tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional surveys and tests and furnish copies to ENGINEER and CONTRACTOR. If ENGINEER finds that the results of such surveys or tests indicate that there are subsurface or latent physical conditions which differ materially from those intended in the Contract Documents, and which could not reasonably have been anticipated by CONTRACTOR, a Change Order shall be issued incorporating the necessary revisions.

Reference Points:

4.4 OWNER shall provide engineering surveys for construction to establish reference points which in his judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for surveying and laying out the Work (unless otherwise provided in the Supplementary Conditions), and shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. He shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. CONTRACTOR shall replace and accurately relocate all reference points so lost, destroyed, or moved.

ARTICLE 5 - BONDS AND INSURANCE
Performance and Payment Bonds:

5.1 Upon execution of the contract agreement, CONTRACTOR shall also provide, at his own expense, a separate Payment bond, in an amount equal to at least 100 percent of the contract price, as security for payment of all persons performing labor and furnishing materials regarding the contract. This payment bond must remain in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid and shall 21 otherwise comply with civil code. Sureties for these bonds shall be satisfactory to the City Attorney.

Should any bond become insufficient, CONTRACTOR shall renew the bond within 10 working days after receipt of notice from the City.

Should any surety at any time be unsatisfactory to the City, a notice will be given to CONTRACTOR to that effect.

No further payments shall be deemed due or will be made under said agreement until a new surety shall qualify and be accepted by the City.

Changes in said agreement or extensions of time, made pursuant to the agreement, shall in no way release CONTRACTOR or surety from its obligations. Notice of such changes or extensions shall be waived by the surety.

Contractor's Liability Insurance:

5.2 CONTRACTOR shall purchase and maintain such insurance as will protect him from claims under workman's compensation laws, disability benefit laws, or other similar employee benefit laws; from claims for damages because of bodily injury, occupational sickness or disease, or death of his employees, and claims insured by usual personal injury liability coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting therefrom – any or all of which may arise out of or result from CONTRACTOR's operations under the Contract Documents, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them or for whose acts any of them may be legally liable. This insurance shall include the specific coverages and be written for not less than any limits of liability and maximum deductibles specified in the Supplementary Conditions or General Requirements (Division 1) or required by law, whichever is greater, shall include parties. Before starting Work, CONTRACTOR shall file with OWNER and ENGINEER certificates of such insurance, acceptable to OWNER; these certificates shall contain a provision that the coverage afforded under the policies will not be cancelled or materially changed until at least fifteen days prior written notice has been given to OWNER and ENGINEER.

Any deductibles or self-insured retentions must be declared to and approved by the OWNER. At the option of the OWNER, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the OWNER, its officers, officials, employees and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the OWNER guaranteeing payment of losses and related investigations, claim administration and defense expenses.

The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The ENGINEER and the OWNER, its officers, officials, employees, and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONTRACTOR; and with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the CONTRACTOR's insurance.

2. For any claims related to this project, the CONTRACTOR's insurance coverage shall be primary insurance as respects the ENGINEER and the OWNER, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the ENGINEER and the OWNER, its officers, officials, employees, or volunteers 22 shall be excess of the CONTRACTOR's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall be cancelled by either party, except after fifteen (15) days prior written notice by certified mail, return receipt requested, has been given to the OWNER and the ENGINEER.

4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

Insurance is to be placed with a current A.M. Best's rating of no less than A:VII.

CONTRACTOR shall furnish the OWNER with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the OWNER or on other than the OWNER's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the OWNER before work commences. The OWNER reserved the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.

CONTRACTOR shall include all Subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein.

OWNER's Liability Insurance:

5.4 OWNER shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may purchase and maintain such insurance as will protect him against claims which may arise from operations under the Contract Documents.

Property Insurance:

5.5 Unless otherwise provided, OWNER shall purchase and maintain property insurance upon the Project to the full insurable value hereof. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work, shall insure against the perils of Fire, Extended Coverage, Vandalism, and Malicious Mischief, and such other perils as may be specified in the Supplementary Conditions or General Requirements (Division 1), and shall include damages, losses, and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including fees and charges of engineers, architects, attorneys, and other professionals).

5.6 OWNER shall purchase and maintain such steam boiler and machinery insurance as may be required by the Supplementary Conditions or by law. This insurance shall include the interests of OWNER, CONTRACTOR, and Subcontractors in the Work.

5.7 Any insured loss under the policies of insurance required by paragraphs 5.5 and 5.6 is to be adjusted with OWNER and made payable to OWNER as trustee for the insureds, as their interests may appear, subject to the requirements of any applicable mortgage clause and of paragraph 5.11.

5.8 OWNER shall file a copy of all policies with CONTRACTOR before an exposure to loss may occur. If 23 OWNER does not intend to purchase such insurance, he shall inform CONTRACTOR in writing prior to commencement of the Work. CONTRACTOR may then effect insurance which will protect the interests of himself and his Subcontractors in the Work, and by appropriate Change Order the cost thereof shall be charged to OWNER.

If CONTRACTOR is damaged by failure of OWNER to purchase or maintain such insurance and so to notify CONTRACTOR, then OWNER shall bear reasonable costs properly attributable thereto.

5.9 If CONTRACTOR requests in writing that other special insurance be included in the property insurance policy, OWNER shall, if possible, include such insurance and the cost thereof shall be charged to CONTRACTOR by appropriate Change Order.

5.10 OWNER and CONTRACTOR waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance provided under paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee. CONTRACTOR shall require similar waivers by Subcontractors in accordance with paragraph 6.12.

5.11 OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within five days after the occurrence of loss to OWNER's exercise of this power, and if such objection be made, arbitrators shall be chosen as provided in Article 16. OWNER as trustee shall, in that case, make settlement with the insurers in accordance with the directions of such arbitrators. If distribution of the insurance proceeds by arbitration is required, the arbitrators will direct such distribution.

Additional Bonds and Insurance:

5.12 Prior to delivery of the executed Agreement by OWNER to CONTRACTOR, OWNER may require CONTRACTOR to furnish such other Bonds and such additional insurance, in such form and with such sureties or insurers as OWNER may require. If such other Bonds or such other insurance are specified by written instructions given prior to opening of Bids, the premiums shall be paid by CONTRACTOR; if subsequent thereto, they shall be paid by OWNER (except as otherwise provided in paragraph 6.7).

ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES

Supervision and Superintendence:

6.1 CONTRACTOR shall supervise and direct the Work efficiently and with his best skill and attention. He shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but he shall not be solely responsible for the negligence of others in the design or selection of a specific means, method, technique, sequence, or procedure of construction which is indicated in and required by the Contract Documents.

CONTRACTOR shall be responsible to see that the finished Work complies accurately with the Contract Documents.

6.2 CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CONTRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR.
24 Labor, Materials, and Equipment:

6.3 CONTRACTOR shall provide competent, suitably qualified personnel to survey and lay out the Work and perform personnel to survey and lay out the Work and perform construction as required by the Contact Documents. He shall at all times maintain good discipline and order at the site.

6.4 CONTRACTOR shall furnish all materials, equipment, labor, transportation, construction equipment, and machinery, tools, appliances, fuel, power, light, heat, telephone, water, and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation, and completion of the Work.

6.5 All materials and equipment shall be new, except as otherwise provided in the Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

6.6 All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents.

Substitute Materials or Equipment:

7.1 If the General Requirements (Division 1 of the Specifications), law, ordinance, or applicable rules or regulations permit CONTRACTOR to furnish or use a substitute that is equal to any material or equipment specified, and if CONTRACTOR wishes to furnish or use a proposed substitute, he shall, prior to the conference called for by paragraph 2.9 (unless another time is provided in the General Requirements), make written application to ENGINEER for approval of such substitute certifying in writing that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified; stating whether or not its incorporation in or use in connection with the Project is subject to the payment of any license fee or royalty; and identifying all variations of the proposed substitute from that specified and indicating available maintenance service. No substitute shall be ordered or installed without the written approval of ENGINEER who will be the judge of equality and may require CONTRACTOR to furnish such other data about the proposed substitute as he considers pertinent. No substitute shall be ordered or installed without such performance guarantee and bonds as OWNER may require which shall be furnished at CONTRACTOR's expense.

Concerning Subcontractors:

6.8 CONTRACTOR shall not employ any Subcontractor or other person or organization (including those who are to furnish the principal items of materials or equipment), whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable objection. A Subcontractor or other person or organization identified in writing to OWNER and ENGINEER by CONTRACTOR prior to the Notice of Award and not objected to in writing by OWNER or ENGINEER prior to the Notice of Award will be deemed acceptable to OWNER and ENGINEER. Acceptance of any Subcontractor, other person or organization by OWNER or ENGINEER shall not constitute a waiver of any right of OWNER or ENGINEER to reject defective Work or Work not in conformance with the Contract Documents. If OWNER or ENGINEER after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by CONTRACTOR after the Notice of Award.

CONTRACTOR shall submit an acceptable substitute and the Contract Price shall be increased or decreased by the 25 difference in cost occasioned by such substitution, and an appropriate Change Order shall be issued. CONTRACTOR shall not be required to employ any Subcontractor, other person or organization against whom he has reasonable objection. CONTRACTOR shall not without the consent of OWNER and ENGINEER make any substitution for any Contractor, other person or organization who has been accepted by OWNER and ENGINEER unless ENGINEER determines that there is good cause for doing so.

6.9 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that he is responsible for the acts and omissions of persons directly employed by him. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor shall it create any obligation on the part of OWNER or ENGINEER or pay or to see to the payment of any moneys due any Subcontractor or other person or organization, except as may otherwise be required by law. OWNER or ENGINEER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done in accordance with the schedule of values.

6.10 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work to be performed by any specific trade.

6.11 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER.

6.12 All Work performed for CONTRACTOR by a Subcontractor shall be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which shall contain provisions that waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by insurance provided in accordance with paragraphs 5.5 through 5.11, inclusive, except such rights as they may have to the proceeds of such insurance held by OWNER as trustee under paragraph 5.9. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR under paragraph 5.5 through 5.11, inclusive.

Patent Fees and Royalties:

6.13 CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work of an invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses, and expenses (including attorneys' fees) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights.

Permits:
26 6.14 CONTRACTOR shall obtain and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses.

CONTRACTOR shall also pay all public utility charges.

Laws and Regulations:

6.15 CONTRACTOR shall give all notices and comply with all laws, ordinances, rules, and regulations applicable to the Work. If CONTRACTOR observes that the Specifications and Drawings are at variance therewith, he shall give ENGINEER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice to ENGINEER, he shall bear all costs arising therefrom; however, it shall not be his primary responsibility to make certain that the Specifications and Drawings are in accordance with such laws, ordinances, rules, and regulations.

Taxes:

6.16 CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by him in accordance with the law of the place where the Work is to be performed.

Use of Premises:

6.17 CONTRACTOR shall confine his equipment, the storage of materials and equipment, and the operations of his workmen to areas permitted by law, ordinances, permits, or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with materials or equipment.

6.18 CONTRACTOR shall not load nor permit any part of any structure to be loaded with weights that will endanger the structure, nor shall he subject any part of the Work to stresses or pressures that will endanger it.

Record Drawings:

6.19 CONTRACTOR shall keep one record copy of all Specifications, Drawings, Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show changes made during the construction process.

These shall be available to ENGINEER and shall be delivered to him for OWNER upon completion of the Project. [Note: Further provisions in respect of such record drawings may be included in the General Requirements (Division 1).]
Safety and Protection:

6.20 CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

6.20.1 all employees on the Work and other persons who may be affected thereby,

6.20.2 all the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site and
27 6.20.3 other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

CONTRACTOR shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury, or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify OWNERs of adjacent utilities when prosecution of the Work may affect them. All damage, injury, or loss to any property referred to in paragraph 6.20.2 or 6.20.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR: except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CONTRACTOR. CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.13 that Work is acceptable

6.21 CONTRACTOR shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to OWNER.

Emergencies:

6.22 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from ENGINEER or OWNER, is obligated to act, at his discretion, to prevent threatened damage, injury, or loss. He shall give ENGINEER prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the changes and deviations involved. If CONTRACTOR believes that additional work done by him in any emergency which arose from causes beyond his control entitles him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and

12. Shop Drawings and Samples:

6.23 After checking and verifying all field measurements. CONTRACTOR shall submit to ENGINEER for approval, in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.8) five copies (or at ENGINEER's option, one reproducible copy) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to dimensions, design criteria, materials of construction, and the like to enable ENGINEER to review the information as required.

6.24 CONTRACTOR shall also submit to ENGINEER for approval with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples will have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended.
28 6.25 At the time of submission, CONTRACTOR shall in writing call ENGINEER's attention to any deviations that the Shop Drawing or sample may have from the requirements of the Contract Documents.

6.26 ENGINEER will review and approve with reasonable promptness Shop Drawings and samples, but his review and approval shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The approval of a separate item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR shall make any corrections required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until approved.

CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by ENGINEER on previous submissions. CONTRACTOR's stamp of approval on any Shop Drawing or sample shall constitute a representation to OWNER and ENGINEER that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data or he assumes full responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents.

6.27 Where a Shop Drawing or sample submission is required by the Specifications, no related Work shall be commenced until the submission has been approved by ENGINEER. A copy of each approved Shop Drawing and each approved sample shall be kept in good order by CONTRACTOR at the site and shall be available to ENGINEER.

6.28 ENGINEER's approval of Shop Drawings or samples shall not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to such deviation at the time of submission and ENGINEER has given written approval to the specific deviation, nor shall any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings.
[Note: Further provisions in respect to Shop Drawings and samples may be included in the General Requirements (Division 1).]
Cleaning:

6.29 CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish, and other debris resulting from the Work, and at the completion of the Work he shall remove all waste materials, rubbish, and debris from and about the premises as well as all tools, construction equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by OWNER. CONTRACTOR shall restore to their original condition those portions of the site not designated for alteration by the Contract Documents. [Note: Further provisions in respect to cleaning may be included in the General Requirements (Division 1).] Indemnification:

6.30 CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their agents and employees from and against all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
29 6.31 In any and all claims against OWNER or ENGINEER or any of their agents or employees by an employee of CONTRACTOR, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for CONTRACTOR or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts.

6.32 The obligations of CONTRACTOR under paragraph 6.30 shall not extend to the liability of ENGINEER, his agents, or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by ENGINEER, his agents, or employees provided such giving or failure to give is the primary cause of injury or damage.

ARTICLE 7 - WORK BY OTHERS

7.1 OWNER may perform additional work related to the Project by himself, or he may let other direct contracts therefore which shall contain General Conditions similar to these. CONTRACTOR shall afford the other CONTRACTOR'S who are parties to such direct contracts (or OWNER, if he is performing the additional work himself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate his Work with theirs.

7.2 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor (or OWNER), CONTRACTOR shall inspect and promptly report to ENGINEER in writing any defects or deficiencies in such work that render it unsuitable for such proper execution and results. His failure so to report shall constitute an acceptance of the other work as fit and proper for the relationship of his Work except as to defects and deficiencies which may appear in the other work after the execution of his Work.

7.3 CONTRACTOR shall do all cutting, fitting, and patching of his Work that may be required to make its several parts come together properly and fit it to receive or be received by such other work. CONTRACTOR shall not endanger any work by others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and of the other CONTRACTOR'S whose work will be affected.

7.4 If the performance of additional work by other CONTRACTOR'S or OWNER is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to CONTRACTOR prior to starting any such additional work. If CONTRACTOR believes that the performance of such additional work by OWNER or others involves him in additional expenses or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles 11 and 12.

ARTICLE 8 - OWNER'S RESPONSIBILITIES

8.1 OWNER shall issue all communications to CONTRACTOR through ENGINEER.

8.2 In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer against 30 whom CONTRACTOR makes no reasonable objections, whose status under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appointment shall be subject to arbitration.

8.3 OWNER shall furnish the data required of him under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in paragraph 14.4 and 14.13.

8.4 OWNER's duties in respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER's identifying and making available to CONTRACTOR copies of surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparing the Drawings and Specifications.

8.5 OWNER's responsibilities in respect of liability and property insurance are set forth in paragraph 5.4 and

5.5. 8.6 In addition to his rights to request changes in the Work in accordance with Article 10, OWNER (especially in certain instances as provided in paragraph 10.4) shall be obligated to execute Change Orders.

8.7 OWNER's responsibility in respect of certain inspections, tests, and approvals is set forth in paragraph

13.2. 8.8 In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.8 and 15.1.

Paragraph 15.2 deals with the OWNER's right to terminate services of CONTRACTOR under certain circumstances. 31 ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION

OWNER's Representative:

9.1 ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in Articles 1 through 17 of these General Conditions and shall not be extended without written consent of OWNER and ENGINEER.

Visits to Site:

9.2 ENGINEER will make periodic visits to the site to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. He will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. His efforts will be directed toward providing assurance for OWNER that the completed Project will conform to the requirements of the Contract Documents. On the basis of his on-site observations as an experienced and qualified design professional, he will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work of CONTRACTOR'S.

Clarifications and Interpretations:

9.3 ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as he may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.

Rejecting Defective Work:

9.4 ENGINEER will have authority to disapprove or reject Work which is "defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty, or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in paragraph 13.2 or has been damaged prior to approval of final payment). He will also have authority to require special inspection or testing of the Work as provided in paragraph 13.7, whether or not the Work is fabricated, installed, or completed.

Shop Drawings, Change Orders and Payments:

9.5 In connection with ENGINEER's responsibility for Shop Drawings and samples, see paragraphs 6.23 through 6.28 inclusive.

9.6 In connection with ENGINEER's responsibility for Change Orders, see Articles 10, 11, and 12. 32 9.7 In connection with ENGINEER's responsibilities in respect of Applications for Payment, etc., see Article

14. Resident Project Representative:

9.8 If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative and assistants to assist ENGINEER in carrying out his responsibilities at the site. The duties, responsibilities, and limitations of authority of any such Resident Project Representative and assistants shall be as set forth in an exhibit to be incorporated in the Contract Documents.

Decisions on Disagreements:

9.9 ENGINEER will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder. In his capacity as interpreter and judge he will exercise his best efforts to insure faithful performance by both OWNER and CONTRACTOR. He will not show partiality to either and will not be liable for the result of any interpretation or decision rendered in good faith. Claims, disputes, and other matters relating to the execution of or performance under the Contract Documents shall be referred to ENGINEER for decision; which he will render in writing within a reasonable time.

9.10 Either OWNER or CONTRACTOR may demand arbitration with respect to any such claim, dispute or other matter that has been referred to ENGINEER, except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.16, such arbitration to be in accordance with Article 14.16, such arbitration to be in accordance with Article 16. However, no demand for arbitration of any such claim, dispute, or other matter shall be made until the earlier of (a) the date on which ENGINEER has rendered his decision or (b) the tenth day after the parties have presented their evidence to ENGINEER if he has not rendered his written decision before that date. No demand for arbitration shall be made later than thirty days after the date on which ENGINEER rendered his written decision in respect to the claim, dispute, or other matter as to which arbitration is sought; and the failure to demand arbitration within said thirty days' period shall result in ENGINEER's decision being final and binding upon OWNER and CONTRACTOR. If ENGINEER renders a decision after arbitration proceedings have been initiated, such decision may be entered as evidence but shall not supersede the arbitration proceedings, except where the decision is acceptable to the parties concerned.

Limitations on ENGINEER's Responsibilities:

9.11 Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by him in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR, any Subcontractor, any materialman, fabricator, supplier, or any of their agents or employees any other person performing any of the Work.

9.12 ENGINEER will not be responsible for CONTRACTOR's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and he will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents.

9.13 ENGINEER will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of his or their agents or employees, or any other persons at the site or otherwise performing any of the Work. 33 ARTICLE 10 - CHANGES IN THE WORK

10.1 Without invalidating the Agreement, OWNER may, at any time or from time to time, other additions, deletions, or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, CONTRACTOR shall proceed with the Work involved. All such Work shall be executed under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article 11 or Article 12 on the basis of a claim made by either party.

10.2 ENGINEER may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order. If CONTRACTOR believes that any minor change or alteration authorized by ENGINEER entitles him to an increase in the Contract Price, he may make a claim therefore as provided in Article 11.

10.3 Additional Work performed by CONTRACTOR without authorization of a Change Order will not entitle him to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.22 and except as provided in paragraphs 10.2 and 13.7.

10.4 OWNER shall execute appropriate Change Orders prepared by ENGINEER covering changes in the Work to be performed as provided in paragraph 4.3, and Work performed in an emergency as provided in paragraph

6.22 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by ENGINEER.

10.5 It is CONTRACTOR's responsibility to notify his Surety of any changes affecting the general scope of the Work or change in the Contract Price and the amount of the applicable Bonds shall be adjusted accordingly.

CONTRACTOR shall furnish proof of such adjustment to OWNER.

ARTICLE 11 - CHANGE OF THE CONTRACT PRICE

11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for performing the Work. All duties, responsibilities, and obligations assigned to or undertaken by CONTRACTOR shall be at his expense without change in the Contract Price.

11.2 The Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract Price shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain accurate cost data. All claims for adjustments in the Contract Price shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be incorporated in a Change Order.

11.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways:

11.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by application of unit prices to the quantities of the items involved. 34 11.3.2 By mutual acceptance of a lump sum.

11.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 11.4 and 11.5) plus a Contractor's Fee for overhead and profit (determined as provided in paragraph 11.6).

Cost of the Work:

11.4 The term Cost of the Work means the sum of all costs necessarily incurred and paid by the CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in paragraph 11.5:

11.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work.

Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workmen's compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such employees shall include superintendents and foreman at the site. The expenses of performing work after regular working hours on Sunday or legal holidays shall be included in the above to the extent authorized by OWNER.

11.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and manufacturers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained.

11.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to him and shall deliver such bids to OWNER who will then determine with the advice of ENGINEER, which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Cost of the Work shall be determined in accordance with paragraphs 11.4 and 11.5. All subcontracts shall be subject to the other provisions of the Contract Documents insofar as applicable.

11.4.4 Costs of special consultants (including, but not limited to, engineers, architects, testing laboratories, surveyors, lawyers, and accountants) employed for services specifically related to the Work.

11.4.5 Supplemental costs including the following:

11.4.5.1 The proportion of necessary transportation, traveling, and subsistence expenses of CONTRACTOR's employees incurred in discharge of duties connected with the Work.

11.4.5.2 Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office and temporary facilities at the site and hand tools not owned by the workmen, which are consumed in the performance of the Work, and cost less market value of such items used but not consumed which 35 remain the property of CONTRACTOR.

11.4.5.3 Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof--all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts shall cease when the use thereof is no longer necessary for the Work.

11.4.5.4 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority.

11.4.5.5 Deposits lost for causes other than CONTRACTOR's negligence, royalty payments and fees for permits and licenses.

11.4.5.6 Losses, damages and expenses, not compensated by insurance or otherwise, sustained by CONTRACTOR in connection with the execution of, and to, the Work, provided they have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's Fee. If, however, any such loss or damage requires reconstruction and CONTRACTOR is placed in charge thereof, he shall be paid for his services a fee proportionate to that stated in paragraph 11.6.2.

11.4.5.7 The cost of utilities, fuel and sanitary facilities at the site.

11.4.5.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work.

11.4.5.9 Cost of premiums for bonds and insurance which OWNER is required to pay in accordance with paragraph 5.12.

11.5 The term Cost of the Work shall not include any of the following:

11.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, auditors, accountants, purchasing and contracting agents, expeditors, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in his principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in subparagraph 11.4.1--all of which are to be considered administrative costs covered by the Contractor's Fee.

11.5.2 Expenses of CONTRACTOR's principal and branch offices other than his office at the site.

11.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments.

11.5.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in 36 subparagraph 11.4.5.9).

11.5.5 Costs due to negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property.

11.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraph 11.4.

Contractor's Fee:

11.6 The Contractor's Fee which shall be allowed to CONTRACTOR for his overhead and profit shall be determined as follows:

11.6.1 a mutually acceptable fixed fee; or if none can be agreed upon,

11.6.2 a fee based on the following percentages of the various portions of the Cost of the Work:

11.6.2.1 for costs incurred under paragraphs 11.4.1 and 11.4.2, the Contractor's Fee shall be ten percent,

11.6.2.2 for costs incurred under paragraph 11.4.3, the Contractor's Fee shall be five percent; and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to the Subcontractor as a fee for overhead and profit shall be ten percent, and

11.6.2.3 no fee shall be payable on the tasks of costs itemized under paragraphs 11.4.4, 11.4.5 and

11.5. 11.7 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost, will be the amount of the actual net decrease. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any.

11.8 Whenever the cost of any Work is to be determined pursuant to paragraphs 11.4 and 11.5, CONTRACTOR will submit in form prescribed by ENGINEER an itemized cost breakdown together with supporting data.

Cash Allowance:

11.9 It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such materialmen, suppliers or Subcontractors and for such sums within the limit of the allowances as ENGINEER may approve. Upon final payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as he deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be allowed. 37 ARTICLE 12 - CHANGE OF THE CONTRACT TIME

12.1 The Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to OWNER and ENGINEER within fifteen days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within forty-five days of such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data. All claims for adjustment in the Contract Time shall be determined by ENGINEER if OWNER and CONTRACTOR cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order.

12.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CONTRACTOR if he makes a claim therefore as provided in paragraph 12.1. Such delays shall include, but not be restricted to, acts or neglect by any separate contractor employed by OWNER, fires, floods, labor disputes, epidemics, abnormal weather conditions, or acts of God.

12.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including compensation for additional professional services) for delay by either party.

38 ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND
INSPECTIONS; CORRECTION, REMOVAL OF

ACCEPTANCE OF DEFECTIVE WORK

Warranty and Guarantee:

13.1 CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all materials and equipment will be new unless otherwise specified and that all Work will be of good quality and free from faults or defects and in accordance with the requirements of the Contract Documents and of any inspections, tests or approvals referred to in paragraph 13.2. All unsatisfactory Work, all faulty or defective Work, and all Work not conforming to the requirements of the Contract Documents at the time of acceptance thereof or of such inspections, test or approvals, shall be considered defective. Prompt notice of all defects shall be given to CONTRACTOR. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in this Article 13.

Tests and Inspections:

13.2 If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested, or approved by some public body, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish ENGINEER the required certificates of inspection, testing or approval. All other inspections, tests and approvals required by the Contract Documents shall be performed by organizations acceptable to OWNER and CONTRACTOR and the costs thereof shall be borne by OWNER unless otherwise specified.

13.3 CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all inspections, tests or approvals. If any such Work required so to be inspected, tested or approved is covered without written approval of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation, and such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of his intention to cover such Work and ENGINEER has not acted with reasonable promptness in response to such notice.

13.4 Neither observations by ENGINEER nor inspections, tests or approvals by persons other than CONTRACTOR shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the requirements of the Contract Documents.

Access to Work:

13.5 ENGINEER and his representatives and other representatives of OWNER will at reasonable times have access to the Work. CONTRACTOR shall provide proper and safe facilities for such access and observation of the Work and also for any inspection or testing thereof by others.

Uncovering Work:

13.6 If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGINEER, be uncovered for his observation and replaced at CONTRACTOR's expense.

13.7 If any Work has been covered which ENGINEER has not specifically requested to observe prior to its being covered, or if ENGINEER considers it necessary or advisable that covered Work be inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, 39 material and equipment. If it is found that such Work is defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if he makes a claim therefore as provided in Articles 11, and 12.

OWNER May Stop the Work:

13.8 If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workmen or suitable materials or equipment, or if CONTRACTOR fails to make prompt payments to Subcontractors or for labor, materials or equipment, OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.

Correction or Removal of Defective Work:

13.9 If required by ENGINEER prior to approval of final payment, CONTRACTOR shall promptly, without cost to OWNER and as specified by ENGINEER, either correct or defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by ENGINEER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not correct such defective Work or remove and replace such rejected Work within a reasonable time, all as specified in a written notice from ENGINEER, OWNER may have the deficiency corrected or the rejected Work removed and replaced. All direct or indirect costs of such correction or removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR, and an appropriate deductive Change Order shall be issued. CONTRACTOR shall also bear the expenses of making good all Work of others destroyed or damaged by his correction, removal or replacement of his defective Work.

One Year Correction Period:

13.10 If after the approval of final payment and prior to the expiration of one year after the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions, either correct such defective Work, or, if it has been rejected by OWNER, remove it from the site and replace it with nondefective Work. If CONTRACTOR does not promptly comply with the terms of such instructions, OWNER may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including compensation for additional professional services, shall be paid by CONTRACTOR.

Acceptance of Defective Work:

13.11 If instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to approval of final payment, also ENGINEER) prefers to accept it, he may do so. In such case, if acceptance occurs prior to approval of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price; or, if the acceptance occurs after approval of final payment, an appropriate amount shall be paid by CONTRACTOR to OWNER. 40 Neglected Work by Contractor:

13.12 If CONTRACTOR shall fail to prosecute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, OWNER, after seven days' written notice to CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and the cost thereof (including compensation for additional professional services) shall be charged against CONTRACTOR if ENGINEER approves such action, in which case a Change Order shall be issued incorporating the necessary revisions in the Contract Documents including an appropriate reduction in the Contract Price. If the payments then or thereafter due CONTRACTOR are not sufficient to cover such amount, CONTRACTOR shall pay the difference to OWNER.

ARTICLE 14 - PAYMENTS AND COMPLETION

Schedules:

14.1 At least ten days prior to submitting the first Application for a progress payment, CONTRACTOR shall submit a progress schedule, a final schedule of Shop Drawing and a schedule of values of the Work. These schedules shall be satisfactory in form and substance to ENGINEER. The schedule of values shall include quantities and unit prices aggregating the Contract Price, and shall subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during construction. Upon approval of the schedules of values by ENGINEER, it shall be incorporated into the form of Application for Payment furnished by ENGINEER.

Application for Progress Payment:

14.2 At least ten days before such progress payment falls due (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such data and schedules as ENGINEER may reasonably require. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the site or at another location agreed to in writing, the Application for Payment shall also be accompanied by such data, satisfactory to OWNER, as will establish OWNER's title to the material and equipment and protect his interest therein, including applicable insurance. Each subsequent Application for Payment shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.

Contractor's Warranty of Title:

14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter in these General Conditions referred to as "Liens").

Approval of Payments:

14.4 ENGINEER will, within ten days after receipt of each Application for Payment, either indicate in writing 41 his approval of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application. OWNER shall, within twenty days of presentation to him of an approved Application for Payment, pay CONTRACTOR the amount approved by ENGINEER. Payment to contractor shall be made within thirty (30) days following receipt of a demand for any progress payment due thereunder as to which there is no good faith dispute between the parties (CA State Civil Code § 3260.1).

14.5 ENGINEER's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on ENGINEER's on-site observations of the Work in progress as an experienced and qualified design professional and on his review of the Application for Payment and the accompanying data and schedules that the Work has progressed to the point indicated; that, to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to the evaluation of the Work as a functioning Project upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, by approving any such payment ENGINEER will not thereby be deemed to have represented that he made exhaustive or continuous on-site inspections to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences, or procedures of construction, or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him on account of the Contract Price, or that title to any Work, materials or equipment has passed to OWNER free and clear of any Liens.

14.6 ENGINEER's approval of final payment will constitute an additional representation by him to OWNER that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in paragraph 14.13 have been fulfilled.

14.7 ENGINEER may refuse to approve the whole or any part of any payment if, in his opinion, it would be incorrect to make such representations to OWNER. He may also refuse to approve any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously approved, to such extent as may be necessary in his opinion to protect OWNER from loss because:

14.7.1 the Work is defective, or completed Work has been damaged requiring correction or replacement,

14.7.2 claims or Liens have been filed or there is reasonable cause to believe such may be filed,

14.7.3 the Contract Price has been reduced because of Modifications,

14.7.4 OWNER has been required to correct defective Work or complete the Work in accordance with paragraph 13.11, or

14.7.5 of unsatisfactory prosecution of the Work, including failure to furnish acceptable submittals or to clean up.

Substantial Completion:

14.8 Prior to final payment, CONTRACTOR may, in writing to OWNER and ENGINEER, certify that the entire Project is substantially complete and request that ENGINEER issue a certificate of Substantial Completion.

Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the 42 Project to determine the status of completion. If ENGINEER does not consider the Project substantially complete, he will notify CONTRACTOR in writing giving his reasons therefore. If ENGINEER considers the Project substantially complete, he will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion and the responsibilities between OWNER and CONTRACTOR for maintenance, heat and utilities. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment, and the certificate shall fix the time within which such items shall be completed or corrected, said time to be within the Contract Time. OWNER shall have seven days after receipt of the tentative certificate during which he may make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Project is not substantially complete, he will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing, stating his reasons therefore. If, after consideration of OWNER's objections, ENGINEER considers the Project substantially complete, he will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected) reflecting such changes from the tentative certificate as he believes justified after consideration of any objections from OWNER.

14.9 OWNER shall have the right to exclude CONTRACTOR from the Project after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Partial Utilization:

14.10 Prior to final payment, OWNER may request CONTRACTOR in writing to permit him to use a specified part of the Project which he believes he may use without significant interference with construction of the other parts of the Project. If CONTRACTOR agrees, he will certify to OWNER and ENGINEER that said part of the Project is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Project. Within a reasonable thereafter OWNER, CONTRACTOR and ENGINEER shall make an inspection of that part of the Project to determine its status of completion. If ENGINEER does not consider that it is substantially complete, he will notify OWNER and CONTRACTOR in writing giving his reasons therefore. If ENGINEER considers that part of the Project to be substantially complete, he will execute and deliver to OWNER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Project, attaching thereto a tentative list of items to be completed or corrected before final payment and fixing the responsibility between OWNER and CONTRACTOR for maintenance, heat and utilities as to that part of the Project.

OWNER shall have the right to exclude CONTRACTOR from any part of the Project which ENGINEER has so certified to be substantially complete, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list.

Final Inspection:

14.11 Upon written notice from CONTRACTOR that the Project is complete, ENGINEER will make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies.

Final Application for Payment:

14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and delivered 43 all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection and other documents--all as required by the Contract Documents, he may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by such data and schedules as ENGINEER may reasonably require, together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of the Contract Documents and the labor and services performed and the material and equipment furnished thereunder. In lieu thereof and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full; an affidavit of CONTRACTOR that the releases and receipts include all labor, services, materials and equipment for which a Lien could be filed, and that all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or his property might in any way be responsible, have been paid or otherwise satisfied; and consent of the Surety, if any, to final payment. If any Subcontractor, materialman, fabricator or supplier fails to furnish a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify him against any Lien.

Approval of Final Payment:

14.13 If, on the basis of his observation and review of the Work during construction, his final inspection and his review of the final Application for Payment--all as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all his obligations under the Contract Documents, he will, within ten days after receipt of the final Application for Payment, indicate in writing his approval of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. Otherwise, he will return the Application to CONTRACTOR, indicating in writing his reasons for refusing to approval final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. OWNER shall, within ten days of presentation to him of an approved final Application for Payment, pay CONTRACTOR the amount approved by ENGINEER.

14.14 If after Substantial Completion of the Work final completion thereof is materially delayed through no fault of CONTRACTOR, and ENGINEER so confirms, OWNER shall, upon certification by ENGINEER, and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.1, the written consent of the Surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the CONTRACTOR to the ENGINEER prior to certification of such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims.

Contractor's Continuing Obligation:

14.15 CONTRACTOR's obligation to perform the Work and complete the Project in accordance with the Contract Documents shall be absolute. Neither approval or any progress or final payment by ENGINEER, nor the issuance of a certificate of Substantial Completion, nor any payment by OWNER to CONTRACTOR under the Contract Documents, nor any use or occupancy of the Project or any part thereof by OWNER, nor any act of acceptance by OWNER nor any failure to do so, nor any correction of defective work by OWNER shall constitute an acceptance of Work not in accordance with the Contract Documents.

Waiver of Claim:

14.16 The making and acceptance of final payment shall constitute:
44 14.16.1 a waiver of all claims by OWNER against CONTRACTOR other than those arising from unsettled Liens, from defective work appearing after final inspection pursuant to paragraph 14.11 or from failure to comply with the requirements of the Contract Documents or the terms of any special guarantees specified therein, and

14.16.2 a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled.

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work:

15.1 OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which shall fix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he makes a claim therefore as provided in Articles 11 and 12.

OWNER May Terminate:

15.2 If CONTRACTOR is adjusted a bankrupt or insolvent, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property, or if he files a petition to take advantage of any debtor's act, or to reorganize under the bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or if he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of ENGINEER, or if he otherwise violates any provision of the Contract Documents, then OWNER may, without prejudice to any other right or remedy and after giving CONTRACTOR and his Surety seven days' written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method he may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess shall be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER shall be determined by ENGINEER and incorporated in a Change Order.

15.3 Where CONTRACTOR's services have been so terminated by OWNER, said terminations shall not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability.

15.4 Upon seven days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any right or remedy, elect to abandon the Project and terminate the Agreement. In such case, CONTRACTOR shall be paid for all Work executed and any expense sustained plus a reasonable profit.

Contractor May Stop Work or Terminate:
45 15.5 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within thirty days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by ENGINEER or awarded by arbitrators within thirty days of its approval and presentation, then CONTRACTOR may, upon seven days' written notice to OWNER and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus a reasonable profit. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to act on an Application for Payment or OWNER has failed to make any payment as aforesaid, CONTRACTOR may upon seven days' notice to OWNER and ENGINEER stop the Work until he has been paid all amounts then due.

ARTICLE 16 - ARBITRATION

16.1 All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach thereof except for claims which have been waived by the making or acceptance of final payment as provided by paragraph 14.16, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. This Agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in any court having jurisdiction thereof.

16.2 Notice of the demand for arbitration shall be filed in writing with the other party to the Agreement and with the American Arbitration Association, and a copy shall be filed with ENGINEER. The demand for arbitration shall be made within the thirty-day period specified in paragraph 9.10 where applicable, and in all other cases within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

16.3 CONTRACTOR will carry on the Work and maintain the progress schedule during any arbitration proceedings, unless otherwise agreed by him and OWNER in writing.

ARTICLE 17 - MISCELLANEOUS
Giving Notice:

17.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to him who gives the notice.

Computation of Time:

17.2 When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. If the last day of such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation.

General:
46 17.3 All moneys not paid when due hereunder shall bear interest at the maximum rate allowed by law at the place of the Project.

17.4 All Specifications, Drawings and copies thereof furnished by ENGINEER shall remain his property. They shall not be used on another Project, and, with the exception of those sets which have been signed in connection with the execution of the Agreement, shall be returned to him on request upon completion of the Project.

17.5 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30, 13.1, 13.10 and 14.3 and the rights and remedies available to OWNER and ENGINEER thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to them which are otherwise imposed or available by law, by special guarantees or by other provisions of the Contract Documents.

17.6 Should OWNER or CONTRACTOR suffer injury or damage to his person or property because of any error, omission or act of the other or of any of his employees or agents or others for whose acts he is legally liable, claim shall be made in writing to the other party within a reasonable time of the first observance of such injury or damage.

17.7 The Contract Documents shall be governed by the law of the place of the Project.

47 Excerpts from CA Labor Code
1771.1. (a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 1774. The contractor to whom the contract is awarded, and any subcontractor under him, shall pay not less than the specified prevailing rates of wages to all workmen employed in the execution of the contract. 1775.
(a) (1) The contractor and any subcontractor under the contractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rates as determined by the director for the work or craft in which the worker is employed for any public work done under the contract by the contractor or, except as provided in subdivision (b), by any subcontractor under the contractor. (2) (A) The amount of the penalty shall be determined by the Labor Commissioner based on consideration of both of the following:
(i) Whether the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor.
(ii) Whether the contractor or subcontractor has a prior record of failing to meet its prevailing wage obligations. (B) (i) The penalty may not be less than forty dollars ($40) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, unless the failure of the contractor or subcontractor to pay the correct rate of per diem wages was a good faith mistake and, if so, the error was promptly and voluntarily corrected when brought to the attention of the contractor or subcontractor. (ii) The penalty may not be less than eighty dollars ($80) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the contractor or subcontractor has been assessed penalties within the previous three years for failing to meet its prevailing wage obligations on a separate contract, unless those penalties were subsequently withdrawn or overturned. (iii) The penalty may not be less than one hundred twenty dollars ($120) for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate, if the Labor Commissioner determines that the violation was willful, as defined in subdivision (c) of Section 1777.1. (C) If the amount due under this section is collected from the contractor or subcontractor, any outstanding wage claim under Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 against that contractor or subcontractor shall be satisfied before applying that amount to the penalty imposed on that contractor or subcontractor pursuant to this section.
(D) The determination of the Labor Commissioner as to the amount of the penalty shall be reviewable only for abuse of discretion.
(E) The difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the contractor or subcontractor, and the body awarding the contract shall cause to be inserted in the contract a stipulation that this section will be complied with. (b) If a worker employed by a subcontractor on a public works project is not paid the general prevailing rate of per diem wages by the subcontractor, the prime contractor of the project is not liable for any penalties under 48 subdivision (a) unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
(1) The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the provisions of this section and Sections 1771, 1776, 1777.5, 1813, and 1815.
(2) The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor. (3) Upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project. (4) Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to his or her employees on the public works project and any amounts due pursuant to Section 1813.
(c) The Division of Labor Standards Enforcement shall notify the contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. (Amended by Stats. 2011, Ch. 677, Sec. 1. Effective January 1, 2012.) 1776.
(a) Each contractor and subcontractor shall keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(1) The information contained in the payroll record is true and correct. (2) The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his or her employees on the public works project. (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the contractor on the following basis:
(1) A certified copy of an employee’s payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. (2) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to a representative of the body awarding the contract and the Division of Labor Standards Enforcement of the Department of Industrial Relations. (3) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request by the public for inspection or for copies thereof. However, a request by the public shall be made through either the body awarding the contract or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the contractor, subcontractors, and the entity through which the request was made. The public may not be given access to the records at the principal office of the contractor. (c) Unless required to be furnished directly to the Labor Commissioner in accordance with paragraph (3) of subdivision (a) of Section 1771.4, the certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division. The payroll records may consist of printouts of payroll data that are maintained as computer records, if the printouts contain the same information as the forms provided by the division and the printouts are verified in the manner 49 specified in subdivision (a).
(d) A contractor or subcontractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested the records within 10 days after receipt of a written request. (e) Except as provided in subdivision (f), any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the awarding body or the Division of Labor Standards Enforcement shall be marked or obliterated to prevent disclosure of an individual’s name, address, and social security number. The name and address of the contractor awarded the contract or the subcontractor performing the contract shall not be marked or obliterated. Any copy of records made available for inspection by, or furnished to, a multiemployer Taft-Hartley trust fund (29 U.S.C. Sec. 186(c)(5)) that requests the records for the purposes of allocating contributions to participants shall be marked or obliterated only to prevent disclosure of an individual’s full social security number, but shall provide the last four digits of the social security number. Any copy of records made available for inspection by, or furnished to, a joint labormanagement committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall be marked or obliterated only to prevent disclosure of an individual’s social security number.
(f) (1) Notwithstanding any other provision of law, agencies that are included in the Joint Enforcement Strike Force on the Underground Economy established pursuant to Section 329 of the Unemployment Insurance Code and other law enforcement agencies investigating violations of law shall, upon request, be provided nonredacted copies of certified payroll records. Any copies of records or certified payroll made available for inspection and furnished upon request to the public by an agency included in the Joint Enforcement Strike Force on the Underground Economy or to a law enforcement agency investigating a violation of law shall be marked or redacted to prevent disclosure of an individual’s name, address, and social security number. (2) An employer shall not be liable for damages in a civil action for any reasonable act or omission taken in good faith in compliance with this subdivision.
(g) The contractor shall inform the body awarding the contract of the location of the records enumerated under subdivision (a), including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
(h) The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting the records enumerated in subdivision (a). In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section.
(i) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section.
(j) The director shall adopt rules consistent with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) and the Information Practices Act of 1977 (Title 1.8 (commencing with Section 1798) of Part 4 of Division 3 of the Civil Code) governing the release of these records, including the establishment of reasonable fees to be charged for reproducing copies of records required by this section.
(Amended by Stats. 2014, Ch. 28, Sec. 71. Effective June 20, 2014.) 1777.5
(a) This chapter does not prevent the employment of properly registered apprentices upon public works. (b) (1) Every apprentice employed upon public works shall be paid the prevailing rate of per diem wages for 50 apprentices in the trade to which he or she is registered and shall be employed only at the work of the craft or trade to which he or she is registered.
(2) Unless otherwise provided by a collective bargaining agreement, when a contractor requests the dispatch of an apprentice pursuant to this section to perform work on a public works project and requires the apprentice to fill out an application or undergo testing, training, an examination, or other preemployment process as a condition of employment, the apprentice shall be paid for the time spent on the required preemployment activity, including travel time to and from the required activity, if any, at the prevailing rate of per diem wages for apprentices in the trade to which he or she is registered. Unless otherwise provided by a collective bargaining agreement, a contractor is not required to compensate an apprentice for the time spent on preemployment activities if the apprentice is required to take a preemployment drug or alcohol test and he or she fails to pass that test.
(c) Only apprentices, as defined in Section 3077, who are in training under apprenticeship standards that have been approved by the Chief of the Division of Apprenticeship Standards and who are parties to written apprentice agreements under Chapter 4 (commencing with Section 3070) of Division 3 are eligible to be employed at the apprentice wage rate on public works. The employment and training of each apprentice shall be in accordance with either of the following:
(1) The apprenticeship standards and apprentice agreements under which he or she is training. (2) The rules and regulations of the California Apprenticeship Council. (d) If the contractor to whom the contract is awarded by the state or any political subdivision, in performing any of the work under the contract, employs workers in any apprenticeable craft or trade, the contractor shall employ apprentices in at least the ratio set forth in this section and may apply to any apprenticeship program in the craft or trade that can provide apprentices to the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. However, the decision of the apprenticeship program to approve or deny a certificate shall be subject to review by the Administrator of Apprenticeship. The apprenticeship program or programs, upon approving the contractor, shall arrange for the dispatch of apprentices to the contractor. A contractor covered by an apprenticeship program’s standards shall not be required to submit any additional application in order to include additional public works contracts under that program. “Apprenticeable craft or trade,” as used in this section, means a craft or trade determined as an apprenticeable occupation in accordance with rules and regulations prescribed by the California Apprenticeship Council. As used in this section, “contractor” includes any subcontractor under a contractor who performs any public works not excluded by subdivision (o). (e) Before commencing work on a contract for public works, every contractor shall submit contract award information to an applicable apprenticeship program that can supply apprentices to the site of the public work.

The information submitted shall include an estimate of journeyman hours to be performed under the contract, the number of apprentices proposed to be employed, and the approximate dates the apprentices would be employed. A copy of this information shall also be submitted to the awarding body, if requested by the awarding body. Within 60 days after concluding work on the contract, each contractor and subcontractor shall submit to the awarding body, if requested, and to the apprenticeship program a verified statement of the journeyman and apprentice hours performed on the contract. The information under this subdivision shall be public. The apprenticeship programs shall retain this information for 12 months. (f) The apprenticeship program supplying apprentices to the area of the site of the public work shall ensure equal employment and affirmative action in apprenticeship for women and minorities. (g) The ratio of work performed by apprentices to journeymen employed in a particular craft or trade on the public work may be no higher than the ratio stipulated in the apprenticeship standards under which the apprenticeship program operates if the contractor agrees to be bound by those standards. However, except as otherwise provided in this section, in no case shall the ratio be less than one hour of apprentice work for every five hours of journeyman work.
51 (h) This ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any journeyman is employed at the jobsite and shall be computed on the basis of the hours worked during the day by journeymen so employed. Any work performed by a journeyman in excess of eight hours per day or 40 hours per week shall not be used to calculate the ratio. The contractor shall employ apprentices for the number of hours computed as above before the end of the contract or, in the case of a subcontractor, before the end of the subcontract. However, the contractor shall endeavor, to the greatest extent possible, to employ apprentices during the same time period that the journeymen in the same craft or trade are employed at the jobsite. When an hourly apprenticeship ratio is not feasible for a particular craft or trade, the Administrator of Apprenticeship, upon application of an apprenticeship program, may order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade classification. (i) A contractor covered by this section who has agreed to be covered by an apprenticeship program’s standards upon the issuance of the approval certificate, or who has been previously approved for an apprenticeship program in the craft or trade, shall employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the applicable apprenticeship standards, but in no event less than the 1-to-5 ratio required by subdivision (g).
(j) Upon proper showing by a contractor that he or she employs apprentices in a particular craft or trade in the state on all of his or her contracts on an annual average of not less than one hour of apprentice work for every five hours of labor performed by journeymen, the Administrator of Apprenticeship may grant a certificate exempting the contractor from the 1-to-5 hourly ratio, as set forth in this section for that craft or trade. (k) An apprenticeship program has the discretion to grant to a participating contractor or contractor association a certificate, which shall be subject to the approval of the Administrator of Apprenticeship, exempting the contractor from the 1-to-5 ratio set forth in this section when it finds that any one of the following conditions is met:
(1) Unemployment for the previous three-month period in the area exceeds an average of 15 percent. (2) The number of apprentices in training in the area exceeds a ratio of 1 to 5. (3) There is a showing that the apprenticeable craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis. (4) Assignment of an apprentice to any work performed under a public works contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
(l) If an exemption is granted pursuant to subdivision (k) to an organization that represents contractors in a specific trade from the 1-to-5 ratio on a local or statewide basis, the member contractors shall not be required to submit individual applications for approval to local joint apprenticeship committees, if they are already covered by the local apprenticeship standards.
(m) (1) A contractor to whom a contract is awarded, who, in performing any of the work under the contract, employs journeymen or apprentices in any apprenticeable craft or trade shall contribute to the California Apprenticeship Council the same amount that the director determines is the prevailing amount of apprenticeship training contributions in the area of the public works site. A contractor may take as a credit for payments to the council any amounts paid by the contractor to an approved apprenticeship program that can supply apprentices to the site of the public works project. The contractor may add the amount of the contributions in computing his or her bid for the contract.
(2) At the conclusion of the 2002–03 fiscal year and each fiscal year thereafter, the California Apprenticeship Council shall distribute training contributions received by the council under this subdivision, less the expenses of the Department of Industrial Relations for administering this subdivision, by making grants to approved apprenticeship programs for the purpose of training apprentices. The funds shall be distributed as follows:
(A) If there is an approved multiemployer apprenticeship program serving the same craft or trade and 52 geographic area for which the training contributions were made to the council, a grant to that program shall be made.
(B) If there are two or more approved multiemployer apprenticeship programs serving the same craft or trade and county for which the training contributions were made to the council, the grant shall be divided among those programs based on the number of apprentices from that county registered in each program. (C) All training contributions not distributed under subparagraphs (A) and (B) shall be used to defray the future expenses of the Department of Industrial Relations for the administration and enforcement of apprenticeship standards and requirements under this code.
(3) All training contributions received pursuant to this subdivision shall be deposited in the Apprenticeship Training Contribution Fund, which is hereby created in the State Treasury. Upon appropriation by the Legislature, all moneys in the Apprenticeship Training Contribution Fund shall be used for the purpose of carrying out this subdivision and to pay the expenses of the Department of Industrial Relations. (n) The body awarding the contract shall cause to be inserted in the contract stipulations to effectuate this section. The stipulations shall fix the responsibility of compliance with this section for all apprenticeable occupations with the prime contractor.
(o) This section does not apply to contracts of general contractors or to contracts of specialty contractors not bidding for work through a general or prime contractor when the contracts of general contractors or those specialty contractors involve less than thirty thousand dollars ($30,000). (p) An awarding body that implements an approved labor compliance program in accordance with subdivision (b) of Section 1771.5 may, with the approval of the director, assist in the enforcement of this section under the terms and conditions prescribed by the director.
(Amended by Stats. 2016, Ch. 746, Sec. 1. Effective January 1, 2017.) 1813. The contractor or subcontractor shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit twenty-five dollars ($25) for each worker employed in the execution of the contract by the respective contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this article. In awarding any contract for public work, the awarding body shall cause to be inserted in the contract a stipulation to this effect. The awarding body shall take cognizance of all violations of this article committed in the course of the execution of the contract, and shall report them to the Division of Labor Standards Enforcement. 1815. Notwithstanding the provisions of Sections 1810 to 1814, inclusive, of this code, and notwithstanding any stipulation inserted in any contract pursuant to the requirements of said sections, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than 1 1/2 times the basic rate of pay.

53 General Notes:

A. The CONTRACTOR shall examine the working drawings: architectural, structural, mechanical and electrical, and shall notify the architect and/or engineers of any discrepancies he may find before proceeding with the work.

B. The CONTRACTOR shall verify and be responsible for all dimensions and conditions at the site and shall notify the designer of discrepancies between the actual conditions and information shown on the drawings before proceeding with the work.

C. All work shall conform to the minimum standards for the latest edition of the Uniform Building Code, Caltrans Standard General Specifications and such other regulating agencies exercising authority over any portion of the work.

D. Specifications (if included) are integral to the drawings. Notify designer before proceeding with any work if any disparity arises between drawings and specifications.

E. All work shall conform to the best practice prevailing in the various trades comprising the work.

F. Specific notes and details shall take precedence over General Notes and Typical Details. Dimensions shall supersede scale.

G. Details shown describe the general intent and character of the project. Any specific areas not drawn shall be similar to those details that are related in location, intent, or function.

H. All subcontractors shall be held responsible for all conditions, ordinances, code and requirements pertinent to their category of work as dictated by regulatory agencies.

I. All subcontractors shall be held responsible for any damage to another's work caused by subcontractor, its employees or agents.

J. General CONTRACTOR to maintain site in a clean and neat manner. Remove and legally dispose of all debris, rubbish, etc. Remove all materials from those not intended for their application, such as paint spatters, masking materials, asphalt, etc.

K. The Contractor shall contact the City of Nevada City, City Engineer to schedule a pre-construction meeting at least ten (10) working days prior to the start of construction (telephone 530-265-2496).

L. Contractor shall assume sole and complete responsibility for construction of this project, including safety of all persons and property. This requirement shall apply continuously and not be limited to normal working hours. The contractor shall defend, indemnify and hold the owner and the design engineer harmless from any and all liability, real or alleged in connection with the performance of the work on this project, excepting for liability arising from the intentional negligence of the owner or engineer.

M. The contractor is hereby notified that prior to commencing construction he is responsible for contacting all utility companies for verification at the construction site of the locations of all underground facilities 54 where such facilities may conflict with placement of improvements shown on this plan. Call ‘Underground Service Alert’ at 800-642-2444 prior to any excavation.

N. The locations of all underground facilities shown on this plan are approximate. A reasonable effort has been made to locate and delineate all underground facilities. However, the design engineer assumes no liability for the accuracy of completeness of the existing facilities shown on hereon or for the existence of other underground utilities not shown on these plans. The contractor shall verify the location of all existing facilities interfering with the construction of improvements. If so directed by the design engineer, the contractor shall stop work immediately until remedial action can be taken. Any cost resulting from the contractor’s failure to report and or failure to stop work as directed will be the responsibility of the contractor.

O. The contractor shall request construction staking for any phase of work no less than two working days prior to commencement of construction.

P. The contractor is responsible for the protection of all existing monuments and other survey markers during construction. Monuments disturbed, or lost, due to construction activities will require that the contractor have them replaced, in kind, by a licensed California Land Surveyor-who will be required to file either a Corner Record, or Record of Survey, with the County-whichever will meet the requirements of L.S. Act Section 8773
Q. The Contractor shall provide one complete set of As-Built Drawings. Any changes to the plans shall be shown on a clean set of drawings marked in red and given to the City Engineer at job completion. 55 Project Specifications

PROJECT LIMITS
Refer to improvement plans for limits of work.

PROJECT DESCRIPTION
The project consists of bathroom renovation.

CONSTRUCTION NOTES
Bid items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals for mobilization, saw cutting, removal and disposal of demolition debris or excess materials, and all other incidental work as noted or shown on the plans.

All time limits stated in the Contract Documents are of the essence of the Agreement. It is acknowledged that the Contractor’s failure to achieve substantial completion of the Work within the Contract Time provided by the Contract Documents will cause the City to incur substantial economic damages and losses of types and in amounts which are impossible to compute and ascertain with certainty as a basis for recovery by the City of actual damages, and that liquidated damages represent a fair, reasonable and appropriate estimate thereof. Accordingly, in lieu of actual damages for such delay, the Contractor agrees that liquidated damages may be assessed and recovered by the City as against Contractor and its Surety, in the event of delayed completion and without the City being required to present any evidence of the amount or character of actual damages sustained by reason thereof; therefore Contractor shall be liable to the Owner for payment of liquidated damages in the amount of One Thousand Dollars ($1,000) for each day that Substantial Completion is delayed beyond the Contract Time as adjusted for time extensions provided by the Contract Documents. Such liquidated damages are intended to represent estimated actual damages and are not intended as a penalty, and Contractor shall pay them to Owner without limiting Owner’s right to terminate this agreement for default as provided elsewhere herein.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 07
Subject: Consideration of Award of a Contract Amendment for Professional Services Contract with Dokken Engineering for Structural Representative Services and Construction Support for Nevada Street Bridge Replacement in an Amount Not-toExceed $306,624 and Authorize the City Manager to Sign the Contract Amendment.

From: Bryan McAlister, City Engineer
Date: December 3, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Award of Professional Services Contract Amendment for Professional Structural Representative Services and Construction Support and authorize the City Manager to sign the contract.

ISSUE STATEMENT AND DISCUSSION:

City staff procured proposals for Professional Engineering Services to prepare and provide the City with all required studies, plans and specifications for Bridge Replacement in accordance with the Highway Bridge Program and Caltrans standards and requirements for Federal and State funded projects. Dokken Engineering was selected as the most qualified consultant capable of performing the tasks required based on the evaluation criteria set forth in the RFP. City Council formally awarded the initial contract work to Dokken Engineering for bridge design in 2016 including amendments for design changes due to environmental considerations and right-of-way requirements. To-date, Dokken Engineering prepared plans, specs and bid documents and obtained design approval by Caltrans. The project was publicly bid and a contract was awarded by City Council on August 9, 2023. Federal funds have been authorized and the bridge is scheduled for construction to commence in January 2024 and be completed by November 2024.

City staff recommends that the contract amendment be awarded to Dokken Engineering. The cost for consultant services is included in the federal funding amounts for construction engineering as outlined below.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The project will be funded by $271,362 by Federal Highway Bridge funds which is 88.5% of participating costs. Measure M funds will be used to fund the remainder, $35,262 (11.5% match).

STRATEGIC PLAN ALIGNMENT:

The project is aligned with the strategic initiative of INFRASTRUCTURE: Parking, Roads, Right-of-Way, and other public and contracted infrastructure. This action is also consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:
 Professional Services Contract Amendment No. 10 for Professional Services for Nevada Street Bridge Replacement
110 Blue Ravine Road, Suite 200, Folsom, CA 95630  Tele: 916 858-0642  Fax: 916 858-0643  www.dokkenengineering.com November 7, 2023
City of Nevada City
Attn: Bryan McAlister, City Engineer
317 Broad Street
Nevada City, CA 95959
Subject: Amendment No. 9 to Nevada Street Bridge Replacement Professional Engineering Contract dated 6/24/2016
Dear Mr. McAlister,
The purpose of this letter is to request Amendment No. 9 to the June 24, 2016 Agreement between Nevada City and Dokken Engineering. This amendment requests a contract increase to provide requested design services during construction (Construction Phase Support). The construction support is necessary to respond to requests for information, review shop drawings, provide supplement inspection support to the City, provide survey staking quality control, and prepare as-built plans.

A detailed explanation of the necessary additional work is attached as Exhibit A, “Amendment No. 9 Scope of Services”. A detailed breakdown of the cost for each addtional task is attached as Exhibit B, “Cost Estimated by Hours and Tasks” for Amendment No. 9.

The original contract with prior amendments is summarized in the table below.

Contract History Contract Price
Original Contract 6/24/16 $309,280.00
Amendment 1 for appraisals $3,887.23
Amendment 2 $0.00
Amendment 3 for additional design $55,134.98
Amendment 4 for right of way support $5,954.08
Amendment 5 for right of way services $11,490.00
Amendment 6 for right of way services $14,861.85
Amendment 7 for TCE Extensions $6,940.00
Amendment 8 for TCE Extensions and Bid Support $40,719.19 Amendment 9 for Construction Support $306,624.29
Amendment 10 Submittal Reviews $10,000
Total Amended Contract Price $764,901.62
The contract termination date shall be extended to June, 2025.

If you approve this Amendment No. 9, please sign below for authorization. Thank you for your continued trust in Dokken Engineering. We are looking forward to the construction of this unique bridge and an early start next year.
110 Blue Ravine Road, Suite 200, Folsom, CA 95630  Tele: 916 858-0642  Fax: 916 858-0643  www.dokkenengineering.com Thank you,
________________________________ _______________________________ Matthew Griggs, PE Bryan McAlister, PE
Project Manager City Engineer
Dokken Engineering City of Nevada City
Attachments:

Exhibit A – Amendment No. 9 Scope of Services
Exhibit B – Cost Estimated by Hours and Tasks
Professional Engineering Services for the Nevada Street over Deer Creek Bridge Replacement EXHIBIT A – AMENDMENT NO. 9 SCOPE OF SERVICES
November 7, 2023
This amendment includes the scope of work for Dokken Engineering (Dokken) to support Nevada City (City) during the construction phase of the project. It is understood the City will be the Resident Engineer for the project and that daily inspection, material testing, foundation inspection, and environmental support during construction will be provided under a separate agreement.

These services are on-call in nature and will be performed as requested by the City. The actual hourly effort required will be impacted by the performance of the Contractor, conditions encountered at the project site and the needs of the Resident Engineer.

TASK 1 – DESIGN SUPPORT DURING CONSTRUCTION
Task 1.1 Requests for Information
Dokken will provide on-going interpretation of contract documents, including environmental documents and permit requirements, review and comment on change orders, prepare plan revisions necessary for change orders, and respond to requests for information or clarification from the Construction Manager (CM) or from the Construction Contractor, as they arise during construction.

Task 1.2 Review of Shop Drawings and Structure Concrete Mixes Shop drawings and material submittals will be reviewed and approved or returned for corrections.

These are anticipated to include temporary access alignment, bridge removal plans, protective covers over Deer Creek, steel structure shop drawings, prestressing shop drawing (longitudinal and transverse post-tensioning), joint seals, concrete repair and forming methods, prefabricated pile details, pile installation equipment, and temporary and final utility support. Review of shop drawings will be performed by a registered Civil Engineer and a request for correction or approval provided in the time allowed per Caltrans Standard Specification.

Task 1.3 Geotechnical Construction Support
Provided under separate agreement with NV5.

Task 1.4 Preparation of As-Built Drawings
Dokken will prepare final as-built drawings for the City from red-line marked plans provided by the Construction Resident Engineer. The as-builts will be prepared electronically.

Task 1.5 Caltrans Encroachment Permit Resubmittal
Dokken will resubmit the Caltrans Encroachment Permit application 8 months prior to closing the bridge and detouring the Nevada Street traffic.

Deliverables – Task 1
• Response to RFIs • Struct Concrete Mix Reviews
• Shop Drawing Review Comments • As-Built Drawings
Professional Engineering Services for the Nevada Street over Deer Creek Bridge Replacement TASK 2 - SUPPLEMENTAL CONSTRUCTION OBSERVATION
Task 2.1 Supplemental Inspection
Dokken will provide on-call supplemental inspection to the City Resident Engineer for construction of the project.

Supplemental inspection is anticipated to be 2 to 3 hours per day by a senior engineer throughout the period of active construction. More on occasion for critical activity days.

This task assumes the following: 1) City will be performing or procuring separate services for materials testing, materials certifications, utility coordination and environmental permit compliance; and 2) The supplemental daily inspection will be performed by a local engineer, not requiring travel time or per diem expenses.

Task 2.2 Designer Field Reviews
Structures Engineer of Record observation is anticipated to be 1 day per week during active periods of structure construction. This level of effort will increase to 2 or 3 partial or full days per week during major structure related work elements such as: final inspection prior to concrete pours, setting deck grades for the bridge, post tensioning installation and tensioning, and verification of the survey grade information obtained in Task 3.1 by Nevada City Engineering.

Task 2.3 Shoring and Falsework Reviews
Dokken will review the shoring and falsework plans prepared by the Contractor and sealed by a Registered Civil Engineer. The reviews are anticipated to include shoring for utility excavations, abutments and retaining wall construction.

Deliverables – Task 2
• Daily structure inspection reports • Shoring Plan reviews • Monthly structure inspection reports
• Supporting the RE with structure filing
• Falsework Plan reviews
TASK 3 – QUALITY ASSURANCE SURVEYING
Task 3.1 QA Surveying for Critical Grade Elements
Nevada City Engineering (NCE) will provide quality assurance surveying to check the Contractor’s grades for critical elements like abutment seat elevations, falsework grades, and drop inlet grates.

NCE will take shots on the critical elements and provide the elevations to the construction management team for confirmation with the Contractor’s grades. The associated cost assumes coming to the site on 8 occasions to take shots on specified project elements.

End of Amendment No. 9 scope.

EXHIBIT B - COST ESTIMATED BY HOURS AND TASKS
Nevada City
Amendment No. 9 - Nevada Street Bridge over Deer Creek Revised November 7, 2023

DOKKEN ENGINEERING
TASK
Matthew Griggs, PEProject ManagerFortunato Enriquez, PE Bridge Project EngineerRichard Sanders, PE Roadway Project EngineerBill Falconi, PE Senior EngineerSenior EngineerAssociate EngineerAssistant Engineer Senior CADD, Bridge Engineering Technician $263.20 $186.79 $169.80 $132.00 $220.75 $169.80 $113.20 $198.11 $101.88 TASK 1 - DESIGN SUPPORT DURING CONSTRUCTION 34 75 104 40 128 297 20 110 808 $119,972.75 808 $119,972.75

1.1 Requests for Information 32 64 56 32 80 200 16 80 560 $84,494.87 560 $84,494.87

1.2 Review of Shop Drawings and Structure Concrete Mix Designs 7 40 8 48 33 136 $21,751.99 136 $21,751.99

1.3 Geotechnical Construction Support -

1.4 Preparation of As-Built Plans 2 4 4 60 4 30 104 $12,593.86 104 $12,593.86

1.5 Caltrans Encroachment Permit Resubmittal 4 4 8 $1,132.03 8 $1,132.03 TASK 2 - SUPPLEMENTAL CONSTRUCTION OBSERVATION 40 132 120 510 60 180 80 1,122 $175,746.02 1,122 $175,746.02

2.1 Supplemental Inspection (34 wks @ 15 hrs/wk) 8 510 518 $68,814.28 518 $68,814.28

2.2 Designer Field Reviews 40 120 108 32 180 40 520 $93,437.92 520 $93,437.92

2.3 Shoring and Falsework Reviews 4 12 28 40 84 $13,493.82 84 $13,493.82 TASK 3 - QUALITY ASSURANCE SURVEYING 4 8 8 20 $7,000.00 $10,905.51 20 $7,000.00 $10,905.51

3.1 QA Surveying for Critical Grade Elements 4 8 8 20 $7,000.00 $10,905.51 20 $7,000.00 $10,905.51 -
-
-
TOTAL HOURS 78 215 232 510 100 308 377 20 110 1,950 1,950 TOTAL COST ############ ############ ############ ############ ############ ############ ############ $3,962.11 ############ $7,000.00 $306,624.29 $7,000.00 $306,624.29 TOTALS
Total Hours Direct Costs Total Cost GRAND TOTAL - HOURS GRAND TOTAL - DIRECT COSTS GRAND TOTAL - TOTAL COSTS

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 08
Subject: Consideration of Approval of Proposition 64
Authorized Purchases 1) from National Garage Door Company, for the Fire Station #5 Apparatus Door & Hardware
Replacement Project in the Amount of $38,774.46 with a
$1,938 Project Contingency; and 2) from Quest Technology Management, for Vape Detectors and Cameras for SAEL and Forest Charter Schools in the Amount of $55,668.40.

From: Dan Foss, Chief of Police
Mark Buttron, Fire Chief (City of Grass Valley)
Sean Grayson, City Manager
Date: December 15, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the purchases.

ISSUE STATEMENT AND DISCUSSION:

On May 1, 2023, the City was awarded $3 million in the Proposition 64 Cohort 3 grant program funding by the California Board of State and Community Corrections (BSCC). Included in the award were several items that exceed $25,000 and require City Council approval. This staff report is related to two of those items. All of the items also require pre-approval by the BSCC to purchase. Staff seeks the approval of the City Council and will submit for BSCC approval after which the items will be purchased.

Fire Station #5 Apparatus Door & Hardware Replacement Project The project involves replacement of two (2) original apparatus doors, tracks, motors and related equipment.

The original doors are 23 years old and failing with limited to no parts available for repair. These doors were identified as needing replacement in the initial assessment of the Grass Valley / Nevada City Fire process and are identified in the contract with Grass Valley as a Nevada City liability. The other two doors were replaced by Nevada City in fiscal year 2022/2023.

Staff requested quotes from three vendors. The three vendors participated in the process to evaluate the work providing bids as requested for the replacement of the doors with pricing as follows:

Mescher Door Company: $43,630
National Garage Door: $38,774.46
R&S Overhead Door: $41,816
National Garage Door was selected as the lowest bid for installation of the two rear apparatus bay doors not to exceed $38,774.46.

Due to the age and state of the existing garage doors, tracks, and attachments it is likely that there will be minor adjustments needed to fully complete the work. A 5% contingency not-to-exceed $1,938 is requested to be authorized as need by the City Manager. The City of Grass Valley will oversee the process, contract, and completion of work under Chief Buttron's authority in coordination with the City Manager. The total amount including the contingency is $40,712.46 with the grant allocation limited to a maximum of $50,000.

Vape Detectors and Cameras for SAEL and Forest Charter Schools The project involves placement of four (4) vape detector sensors and six (6) cameras to monitor the area of an activated vape detector for both SAEL and Forest Charter schools. Product purchase, installation, and maintenance for three years is included. The project matches a similar project installed at Seven Hills Middle School that was funded by the Proposition 64 Cohort 2 grant. The Police Department has coordinated with each school for the process.

Staff requested quotes from three vendors resulting in quotes for incompatible systems. Quest Technology Management was the low bidder for the Verkada Security product line selected by the City and existing at Seven Hills Middle School with a cost of: $27,834.20 for each school for a total cost to the city of $55,668.40. The grant allocation is $30,00 per school for a total of $60,000.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Upon City Council and BSCC approval the city will purchase the items and subsequently seek reimbursement from BSCC under the terms of the grant. There is no matching or general fund contributions to the purchases after reimbursement.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:
 National Door Quote
 Quest Technology Management SAEL Quote
 Quest Technology Management Forest Charter Quote
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ARACE DOOR
National Garage Door
3185 Fitzgerald Road
Rancho Cordova CA 95742
916-638-4554
Lie. No. 902465
INSTALL QUOTATION 10/30/23 8:13
Cust#: 19145
S/0 #: 00100026842
Tech: Kevin Lewis
Received:

Method:

Date of Est.
10/09/23 19:32
REPEAT
10/10/23 8:00
Bill To: Service At: Contact: Chris Armstrong
City of Grass Valley Grass Valley FS #5 Phone#: 530-979-0070 125 East Main Street 201 Providence Mine Roa Terms: COD Grass Valley CA 95945 Nevada City CA 95959
Comments: 2-12-2x12 Raynor AV200 PD Coat finish, Clear Tempered glass in all 6 sections, NH 2" track, angle mount to wood, Raynor COT 211, Photo eyes and edges,
Item ID U/M Units Ext Price
*RAV200 EA 2.00 20,926.00
12-2x12 AV200 Full View
COMINS Hrs 1.000 9,850.00

COMMERCIAL INSTALL
Equipment 1.000 1,500.00
Equipment
*RCOT EA 2 4,350.00
RaynorCOT211
OLLEY
Labor Amt: 9,850.00
Parts Amt: 25,276.00
Other Charges: 1,500.00
Est Tax: 2,148.46
Total: 38,774.46
Page: 1
This quote is valid for 30 days.
[email protected]
Quest Technology Management | (916) 338-7070 | www.questsys.com We have prepared a quote for you
Forest Charter Verkada Security
Quote # 018192 Version 1
Prepared for: Prepared by:

Nevada City Michael Fitzer
Products
Description Price Qty Ext. Price
Verkada SV23 Environmental Sensor $839.16 4 $3,356.64
Verkada CD42-E Outdoor Dome Camera, 5MP, Fixed Lens, 256GB of Storage, Maximum 30 Days of Retention
$1,007.16 2 $2,014.32
Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 256GB of Storage, Maximum 30 Days of Retention
$1,007.28 2 $2,014.56
Verkada Square Junction Box Mount $74.76 2 $149.52
Verkada CF81-E Outdoor Fisheye Camera, 12MP, Fixed Lens, 512GB of Storage, Maximum 30 Days of Retention
$1,679.16 2 $3,358.32
Angle Mount $125.16 2 $250.32
Verkada 3-Year Sensor License $179.70 4 $718.80
Verkada 3-Year Camera License $461.16 6 $2,766.96
Copper Cable,4 Pair, 23 AWG Category 6 CMP Blue 1,000 FT. Pop Box
$324.00 2 $648.00
Cat 6 24 AWG UTP Copper Patch Cord 3 ft Blue $9.01 10 $90.10 5-Port Gigabit PoE+ Switch $70.80 1 $70.80
1 5/16" J-Hook with Multipurpose Clip, Box. $226.80 1 $226.80 Velcro $27.60 1 $27.60
Misc, conduit, wiremold, consumables. $1,080.00 1 $1,080.00 Subtotal: $16,772.74
Quest Technology Page: 2 of 5
Management
9000 Foothills Blvd Suite 100 Roseville, CA 95747
Project
Scope of Work Price
Installation
Provide, install, terminate, test, and label (1) Plenum CAT6 to (10) Verkada Camera/Sensor locations.

Provide, install, and configure (4) Verkada SV23 Environmental Sensors.

Provide, install, and configure (2) Verkada CD42-E Outdoor Dome Camera, 5MP, Fixed Lens, 256GB of Storage, Maximum 30 Days of Retention.

Provide, install, and configure (2) Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 256GB of Storage, Maximum 30 Days of Retention.

Provide, install, and configure (2) Verkada CF81-E Outdoor Fisheye Camera, 12MP, Fixed Lens, 512GB of Storage, Maximum 30 Days of Retention.

Provide and install (10) Cat 6 24 AWG UTP Copper Patch Cord 3 ft Blue.

Provide and install (1) 5-Port Gigabit PoE+ Switch.

Provide and install horizontal cable supports as needed.

Provide and install Conduit/Wiremold as needed.

Assumptions
Work will be completed during normal business hours.

Patch cords will be blue in color.

Customer will provide all CAT6 jacks and PoE+ ports for the cameras.

Exclusions
Permitting.

High Voltage Electrical.

Subtotal: $11,510.00
Shipping
Description Price Qty Ext. Price
Freight Charges Shipping will be added at the time of the bill. $0.00 1 $0.00 Subtotal: $0.00
Quest Technology Page: 3 of 5
Management
9000 Foothills Blvd Suite 100 Roseville, CA 95747
Sales Tax
Sales tax to be added and calculated per current state and local municipalities rates at time of invoice.

Quest Technology Page: 4 of 5
Management
9000 Foothills Blvd Suite 100 Roseville, CA 95747
Forest Charter Verkada Security
Prepared by: Prepared for: Quote Information:

Quest Technology Management Nevada City Quote #: 018192 Michael Fitzer
2798421033
[email protected]
470 Searls Ave
Nevada City, CA 95959
Dan Foss
(530) 265-2496
[email protected]
Version: 1
Delivery Date: 11/15/2023
Expiration Date: 12/30/2023
Quote Summary
Description Amount
Products $16,772.74
Project $11,510.00
Total: $28,282.74
Quest is hereby authorized to furnish all materials and labor to complete the work specified in this proposal, for which I/we agree to pay the contract price mentioned in this proposal, and according to the terms thereof.

In the event that an action at law or in equity is brought in any public court or private dispute resolution forum to enforce or interpret the terms of this agreement, the prevailing party shall be awarded reasonable attorneys' fees, photocopying expenses, etc.

I/we have read and agree to the provisions contained herein, and in any attachments that are made a part hereof and are described in the proposal.

Quest Technology Management Nevada City
Signature:

Name: Michael Fitzer
Title: Physical Security Engineer
Date: 11/15/2023
Signature:

Name: Dan Foss
Date:

Shipping and Sales tax to be added and calculated per current state and local municipalities rates at time of invoice.

Signature:

Name: Dan Foss
Date:

Quest Technology Page: 5 of 5
Management
9000 Foothills Blvd Suite 100 Roseville, CA 95747
Quest Technology Management | (916) 338-7070 | www.questsys.com We have prepared a quote for you
SAEL Verkada Security
Quote # 018178 Version 1
Prepared for: Prepared by:

Nevada City Michael Fitzer
Products
Description Price Qty Ext. Price
Verkada SV23 Environmental Sensor $839.16 4 $3,356.64
Verkada CF81-E Outdoor Fisheye Camera, 12MP, Fixed Lens, 512GB of Storage, Maximum 30 Days of Retention
$1,679.16 1 $1,679.16
Angle Mount $125.16 1 $125.16
Verkada CD42 Indoor Dome Camera, 5MP, Fixed Lens, 256GB of Storage, Maximum 30 Days of Retention
$839.16 1 $839.16
Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 256GB of Storage, Maximum 30 Days of Retention
$1,007.28 3 $3,021.84
Verkada Square Junction Box Mount $74.76 3 $224.28
Verkada CD42-E Outdoor Dome Camera, 5MP, Fixed Lens, 256GB of Storage, Maximum 30 Days of Retention
$1,007.16 1 $1,007.16
Large Arm Mount $133.56 1 $133.56
Pendant Cap Mount $57.96 1 $57.96
16-Port Gigabit PoE+ Switch $241.20 1 $241.20
Copper Cable,4 Pair, 23 AWG Category 6 CMP Blue 1,000 FT. Pop Box
$324.00 2 $648.00
Mini-Com Patch Panel 24 port 1 RU BL $49.20 1 $49.20
Mini-Com UTP RJ45 Cat 6 TG Jack Module $10.80 11 $118.80 Cat 6 24 AWG UTP Copper Patch Cord 1 ft Blue $9.12 11 $100.32 Verkada 3-Year Sensor License $179.70 4 $718.80
Verkada 3-Year Camera License $461.16 6 $2,766.96
Velcro $27.60 1 $27.60
nVent CADDY Cat HP J-Hook, PG, 1" dia $128.40 1 $128.40 Misc, conduit, wiremold, consumables. $1,080.00 1 $1,080.00 Subtotal: $16,324.20
Quest Technology Page: 2 of 5
Management
9000 Foothills Blvd Suite 100 Roseville, CA 95747
Project
Scope of Work Price
Installation
Provide, install, terminate, test, and label (1) Plenum CAT6 cable to (10) Verakda Camera/Sensor locations.

Provide, install, and configure (4) Verkada SV23 Environmental Sensors.

Provide, install, and configure (3) Verkada CB52-E Outdoor Bullet Camera, 5MP, Zoom Lens, 256GB of Storage, Maximum 30 Days of Retention.

Provide, install, and configure (1) Verkada CF81-E Outdoor Fisheye Camera, 12MP, Fixed Lens, 512GB of Storage, Maximum 30 Days of Retention.

Provide, install, and configure (1) Verkada CD42-E Outdoor Dome Camera, 5MP, Fixed Lens, 256GB of Storage, Maximum 30 Days of Retention.

Provide, install, and configure (1) Verkada CD42 Indoor Dome Camera, 5MP, Fixed Lens, 256GB of Storage, Maximum 30 Days of Retention.

Provide and install (1) 16-Port Gigabit PoE+ Switch.

Provide and install (1) Mini-Com Patch Panel 24 port 1 RU BL.

Provide and install (11) Mini-Com UTP RJ45 Cat 6 TG Jack Module.

Provide and install (11) Cat 6 24 AWG UTP Copper Patch Cord 1 ft Blue.

Provide and install horizontal cable supports as needed.

Provide and install Conduit/Wiremold as needed.

Assumptions
Work to be completed during normal business hours.

Existing wire pathways can be utilized.

Patch cords will be blue in color.

Exclusions
Permitting.

High Voltage Electrical.

Subtotal: $11,510.00
Shipping
Description Price Qty Ext. Price
Freight Charges Shipping will be added at the time of the bill. $0.00 1 $0.00 Quest Technology Page: 3 of 5
Management
9000 Foothills Blvd Suite 100 Roseville, CA 95747
Shipping
Description Price Qty Ext. Price
Subtotal: $0.00
Sales Tax
Sales tax to be added and calculated per current state and local municipalities rates at time of invoice.

Quest Technology Page: 4 of 5
Management
9000 Foothills Blvd Suite 100 Roseville, CA 95747
SAEL Verkada Security
Prepared by: Prepared for: Quote Information:

Quest Technology Management Nevada City Quote #: 018178 Michael Fitzer
2798421033
[email protected]
505 Main Street
Nevada City, CA 95959
Richard Young
(530) 268-2200
[email protected]
Version: 1
Delivery Date: 11/15/2023
Expiration Date: 12/29/2023
Quote Summary
Description Amount
Products $16,324.20
Project $11,510.00
Total: $27,834.20
Quest is hereby authorized to furnish all materials and labor to complete the work specified in this proposal, for which I/we agree to pay the contract price mentioned in this proposal, and according to the terms thereof.

I/we have read and agree to the provisions contained herein, and in any attachments that are made a part hereof and are described in the proposal.

Quest Technology Management Nevada City
Signature:

Name: Michael Fitzer
Title: Physical Security Engineer
Date: 11/15/2023
Signature:

Name: Richard Young
Date:

Shipping and Sales tax to be added and calculated per current state and local municipalities rates at time of invoice.

Signature:

Name: Richard Young
Date:

Quest Technology Page: 5 of 5
Management
9000 Foothills Blvd Suite 100 Roseville, CA 95747

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 09
Subject: Consideration of Adoption of Resolution No. 2023- 53: A Resolution of the City Council of the City of Nevada City Adopting the City Council and Planning Commission Meeting Schedule and City Hall Closure Calendar for 2024.

From: Sean Grayson, City Manager
Date: December 4, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

Pursuant to the City of Nevada City Municipal Code 2.04.010 and Section 6 of the City Council Standards and Procedures, the City Council meets at 6:30pm on the second and fourth Wednesdays of each month except that the City Council may change the dates or times of the meetings by resolution. Similarly, pursuant to municipal code 2.36.070 the City Planning Commission meets monthly as directed by the City Council except that the Chair of the Commission may change dates and times as needed to meet the work needs of the Commission. Both the City Council and the Planning Commission have a known need to change the date of some regular meetings in 2024. Additionally, City Hall closures for holidays impact the collection of meter fees under Resolution 2023-01. In compliance with the noted requirements and to provide for planning for stakeholders and those interested in providing public comment for both City Council and Planning Commission meetings, it is recommended that the City Council adopt the included resolution to adopt the City Council and Planning Commission Meeting Schedule and City Hall Closure Calendar for 2024.

City Council and Planning Commission Meeting Schedule
Date Event
Wednesday, January 10, 2024 Regular City Council Meeting Thursday, January 18, 2024 Regular Planning Commission Meeting Wednesday, January 24, 2024 Regular City Council Meeting Wednesday, February 14, 2024 Regular City Council Meeting Thursday, February 15, 2024 Regular Planning Commission Meeting Wednesday, February 28, 2024 Regular City Council Meeting Thursday, February 29, 2024 Joint City / Town / County Meeting Wednesday, March 13, 2024 Regular City Council Meeting
Thursday, March 21, 2024 Regular Planning Commission Meeting Wednesday, March 27, 2024 Regular City Council Meeting
Wednesday, April 10, 2024 Regular City Council Meeting
Thursday, April 18, 2024 Regular Planning Commission Meeting Wednesday, April 24, 2024 Regular City Council Meeting
Wednesday, May 1, 2024 Special City Council Meeting (Budget Workshop) Wednesday, May 8, 2024 Regular City Council Meeting
Thursday, May 16, 2024 Regular Planning Commission Meeting Wednesday, May 22, 2024 Regular City Council Meeting
Wednesday, June 12, 2024 Regular City Council Meeting
Thursday, June 20, 2024 Regular Planning Commission Meeting Wednesday, June 26, 2024 Regular City Council Meeting
Thursday, July 11, 2024 Rescheduled Regular City Council Meeting Thursday, July 18, 2024 Regular Planning Commission Meeting Thursday, July 25, 2024 Rescheduled Regular City Council Meeting Wednesday, August 14, 2024 Regular City Council Meeting Thursday, August 15, 2024 Regular Planning Commission Meeting Wednesday, August 28, 2024 Regular City Council Meeting Wednesday, September 11, 2024 Regular City Council Meeting Thursday, September 19, 2024 Regular Planning Commission Meeting Wednesday, September 25, 2024 Regular City Council Meeting Wednesday, October 9, 2024 Regular City Council Meeting October 16-18, 2024 California League of Cities Conference Thursday, October 17, 2024 Regular Planning Commission Meeting Wednesday, October 23, 2024 Regular City Council Meeting Wednesday, November 13, 2024 Regular City Council Meeting Thursday, November 21, 2024 Regular Planning Commission Meeting Wednesday, November 27, 2024 CANCELLED Regular City Council Meeting Thursday, December 12, 2024 Rescheduled Regular City Council Meeting Thursday, December 19, 2024 Regular Planning Commission Meeting Wednesday, December 25, 2024 CANCELLED Regular City Council Meeting City Hall Closure Calendar
Date Holiday
Monday, January 1, 2024 New Years Day
Monday, January 14, 2024 Martin Luther King Jr. Day
Monday, February 19, 2024 Presidents Day
Monday, April 1, 2024 Cesar Chavez Day (celebrated)
Monday, May 27, 2024 Memorial Day
Wednesday June 19, 2024 Juneteenth
Thursday, July 4, 2024 Fourth of July
Monday, September 2, 2024 Labor Day
Monday, October 14, 2024 Indigenous Peoples / Columbus Day Monday, November 11, 2024 Veteran's Day
Thursday, November 28, 2024 Thanksgiving
Friday, November 29, 2024 Thanksgiving (day after celebrated) Tuesday, December 24, 2024 Christmas Eve
Wednesday, December 25, 2024 Christmas
FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:

Resolution 2023-53
RESOLUTION NO. 2023-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY,

CALIFORNIA, ADOPTING THE CITY COUNCIL AND PLANNING COMMISSION MEETING SCHEDULE AND CITY HALL CLOSURE CALENDAR FOR 2024 WHEREAS, the City of Nevada City Municipal Code 2.04.010 and Section 6 of the City Council Standards and Procedures identify that the City Council meets at 6:30pm on the second and fourth Wednesdays of each month except that the City Council may change the dates or times of the meetings by resolution; and
WHEREAS, pursuant to municipal code 2.36.070 the City Planning Commission meets monthly as directed by the City Council except that the Chair of the Commission may change dates and times as needed to meet the work needs of the Commission; and WHEREAS, both the City Council and the Planning Commission have a known need to change the date of some regular meetings in 2024; and
WHEREAS, the City Hall is routinely closed for specified holidays and parking meter fees are not required for those holidays specified in Nevada City Resolution 2023-01, to identify these days the City creates and publishes a City Hall closure calendar; and WHEREAS, the City seeks to provide for the planning of stakeholders and those interested in providing public comment for both City Council and Planning Commission meetings by establishing a City Council and Planning Commission Meeting Schedule for 2024 in consideration of the City Hall closure calendar;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY

HEREBY RESOLVES AS FOLLOWS,
Section 1. The recitals above are true and correct and are incorporated by this reference and constitute findings in this matter.

Section 2. The City Council adopts the following City Hall Closure Calendar for 2024:

Date Holiday
Monday, January 1, 2024 New Years Day
Monday, January 14, 2024 Martin Luther King Jr. Day
Monday, February 19, 2024 Presidents Day
Monday, April 1, 2024 Cesar Chavez Day (celebrated)
Monday, May 27, 2024 Memorial Day
Wednesday June 19, 2024 Juneteenth
Thursday, July 4, 2024 Fourth of July
Monday, September 2, 2024 Labor Day
Monday, October 14, 2024 Indigenous Peoples / Columbus Day Monday, November 11, 2024 Veteran's Day
Thursday, November 28, 2024 Thanksgiving
Friday, November 29, 2024 Thanksgiving (day after celebrated) Tuesday, December 24, 2024 Christmas Eve
Wednesday, December 25, 2024 Christmas
Section 3. The City Council adopts the following City Council and Planning Commission Meeting Schedule for 2024:

Date Event
Wednesday, January 10, 2024 Regular City Council Meeting Thursday, January 18, 2024 Regular Planning Commission Meeting Wednesday, January 24, 2024 Regular City Council Meeting Wednesday, February 14, 2024 Regular City Council Meeting Thursday, February 15, 2024 Regular Planning Commission Meeting Wednesday, February 28, 2024 Regular City Council Meeting Thursday, February 29, 2024 Joint City / Town / County Meeting Wednesday, March 13, 2024 Regular City Council Meeting
Thursday, March 21, 2024 Regular Planning Commission Meeting Wednesday, March 27, 2024 Regular City Council Meeting
Wednesday, April 10, 2024 Regular City Council Meeting
Thursday, April 18, 2024 Regular Planning Commission Meeting Wednesday, April 24, 2024 Regular City Council Meeting
Wednesday, May 1, 2024 Special City Council Meeting (Budget Workshop) Wednesday, May 8, 2024 Regular City Council Meeting
Thursday, May 16, 2024 Regular Planning Commission Meeting Wednesday, May 22, 2024 Regular City Council Meeting
Wednesday, June 12, 2024 Regular City Council Meeting
Thursday, June 20, 2024 Regular Planning Commission Meeting Wednesday, June 26, 2024 Regular City Council Meeting
Thursday, July 11, 2024 Rescheduled Regular City Council Meeting Thursday, July 18, 2024 Regular Planning Commission Meeting Thursday, July 25, 2024 Rescheduled Regular City Council Meeting Wednesday, August 14, 2024 Regular City Council Meeting Thursday, August 15, 2024 Regular Planning Commission Meeting Wednesday, August 28, 2024 Regular City Council Meeting Wednesday, September 11, 2024 Regular City Council Meeting Thursday, September 19, 2024 Regular Planning Commission Meeting Wednesday, September 25, 2024 Regular City Council Meeting Wednesday, October 9, 2024 Regular City Council Meeting October 16-18, 2024 California League of Cities Conference Thursday, October 17, 2024 Regular Planning Commission Meeting Wednesday, October 23, 2024 Regular City Council Meeting Wednesday, November 13, 2024 Regular City Council Meeting Thursday, November 21, 2024 Regular Planning Commission Meeting Wednesday, November 27, 2024 CANCELLED Regular City Council Meeting Thursday, December 12, 2024 Rescheduled Regular City Council Meeting Thursday, December 19, 2024 Regular Planning Commission Meeting Wednesday, December 25, 2024 CANCELLED Regular City Council Meeting Section 3. The City Council of the City of Nevada City may cancel, reschedule or change the times of City Council meetings as allowed in the Municipal Code and City Council Standards and Procedures.

Section 4. The Planning Commission of the City of Nevada City may cancel, reschedule or change the times of Planning Commission meetings.

PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 14th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____
Daniela Fernández, Mayor
ATTEST:

Niel Locke, City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 11
Subject: Second Reading and Consideration of Ordinance
2023-08: An Ordinance of the City Council of the City of Nevada City, State of California Amending Section 17.68.080 of Chapter 17.68 (“COMBINING DISTRICT
REGULATIONS”) and Section 17.80.190 of Chapter 17.80
(“DEVELOPMENT PERFORMANCE STANDARDS”) both
of Title 17 (“ZONING”) of the City of Nevada City Municipal Code, Relating to the Lighting of Signs.

From: Sean Grayson, City Manager
Date: December 4, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Hold second reading and adopt the ordinance.

ISSUE STATEMENT AND DISCUSSION:

At the August 9, 2023, regular City Council meeting, the City Council introduced Ordinance 2023-08 to amend sections of the municipal code needed to address changes to the City’s sign standards. At the August 23, 2023, regular City Council meeting the City Council did not conduct second reading of the ordinance but instead referred it to the Strategic Initiative Business Committee for additional public input. On September 28, 2023, the committee met and received public input on the ordinance. On November 8, 2023, the City Council reviewed public input and the recommendations of the committee and directed staff to agendize the item for second reading at the December 14, 2023, City Council meeting.

In April of 2023 the City Council authorized staff to explore the development of a Dark Sky compliant ordinance working with the Planning Commission. In reviewing the work needed for the future ordinance creation an issue was identified within the language of the City’s municipal code with regard to the lighting of signs. It has been long accepted that “internally illuminated” signs are not permitted within the City. The language within the sign sections for both the historical district (17.68.080) and the remainder of the City (17.80.190) does not adequately articulate the long-accepted prohibition. The draft ordinance update is crafted to address this specific issue. It is anticipated that the future Dark Sky ordinance may further amend portions of the municipal code including the sign sections; the proposed ordinance is not anticipated to conflict with any such future change.

The Ordinance as drafted adds one additional clause to each of the two sections that reads, “Internally illuminated signs and digital or electronic signs of all types are prohibited.” The remaining requirements of the two sections are unchanged. Effectively the addition of this clause in both sections prohibits internally illuminated signs, regardless of their source or type of illumination, within all of the City.

The Planning Commission conducted a public hearing on July 20, 2023, on the draft ordinance and recommended its adoption by the City Council.

FINANCIAL AND/OR POLICY IMPLICATIONS:

There are no financial implications with the adoption of the ordinance. The ordinance changes are consistent with established policy and the adopted Housing Element.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders. The action is aligned with the strategic initiative of Business:

Business, industry, and cannabis support.

ENVIRONMENTAL CONSIDERATIONS:

The subject ordinance is not subject to the California Environmental Quality Act (“CEQA”) because the adoption of this ordinance is not a project, as defined by CEQA, but is instead an administrative action per California Code of Regulations, Title 14, section 15378(b)(2), and merely amends the regulatory process for sign applications.

LEGAL REVIEW:

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

ATTACHMENTS:

Ordinance 2023-08
1 ORDINANCE NO. 2023-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY, STATE OF CALIFORNIA AMENDING SECTION 17.68.080 OF CHAPTER 17.68 (“COMBINING DISTRICT REGULATIONS”) AND SECTION 17.80.190 OF CHAPTER 17.80 (“DEVELOPMENT PERFORMANCE STANDARDS”) BOTH OF TITLE 17 (“ZONING”) OF THE CITY OF NEVADA CITY MUNICIPAL

CODE, RELATING TO INTERNALLY ILLUMINATED AND ELECTRONIC SIGNS
WHEREAS, during a review of existing ordinances, prompted by the direction to create a Dark Sky compliant lighting ordinance, an incongruity between community expectation and language within the City of Nevada City Municipal Code was identified with regard to the lighting of signs; and
WHEREAS, the City Council desires to amend the Municipal Code to restrict signs that are internally illuminated, LED, and or electric signs; and WHEREAS, on July 20, 2023, the Planning Commission held a duly noticed public hearing on the Zoning Code text amendment, and at which time, recommended approval of the proposed text amendment to the City Council of the City of Nevada City; and WHEREAS, on August 9, 2023, the City Council held a duly noticed public hearing on the Zoning Code text amendment at which all those wishing to be heard were allowed to speak or present written comments and other materials.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Chapter 17.68, Article II -HD Historical Combining District, Section 17.68.080 – Signs – Requirements and restrictions is hereby amended to add a new subsection L. to the Nevada City Municipal Code to read as follows:

L. Internally illuminated signs and digital or electronic signs of all types are prohibited.

SECTION 2. Chapter 17.80, Section 17.80.190 – Signs is hereby amended to add a new subsection I. to the Nevada City Municipal Code to read as follows:

I. Internally illuminated signs and digital or electronic signs of all types are prohibited.

SECTION 3. This adoption of this Ordinance is exempt from further CEQA review pursuant to Guidelines sec. 15061(c)(2) “The activity will not result in a direct or reasonably foreseeable indirect physical change in the environment.”
2 SECTION 4. Effective Date and Publishing Requirement. This Ordinance shall become effective thirty (30) days after the adoption date thereof and within fifteen (15) days of the passage of this Ordinance, the City Clerk shall publish a summary of this Ordinance in The Union, a newspaper of general circulation.

Introduced at a regular meeting of the City Council on the 9th day of August 2023, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

Passed and approved at the regular meeting of the City Council on the 23rd day of August 2023, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:
__________________________
Daniela Fernández, Mayor
ATTEST:
_____________________
Niel Locke, City Clerk
APPROVED AS TO FORM:
______________________
Dean J. Pucci, City Attorney

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 11
Subject: Consideration of 1) a Lifetime Service Award to William “Bill” Falconi for More Than Fifty-One (51) Years of Service to the City of Nevada City, and 2) Direction on the Naming and Placemaking for the Nevada Street Bridge
Construction in Mr. Falconi’s Honor.

From: Sean Grayson, City Manager
Date: September 18, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Recognize the lifetime service award and direct staff to prepare a resolution and naming plaque.

ISSUE STATEMENT AND DISCUSSION:

William J. Falconi, or Bill as we know him, has served Nevada City either as an employee, consultant, contractor, or otherwise for more than 51 years. Bill will be working for the engineering firm that designed and will oversee the construction of the new Nevada Street Bridge through its completion in the fall of 2024. Always the consummate professional Bill has given the City more than a year’s notice that the bridge project will be his last, after which he will retire. No staff report could convey Bill’s impact on Nevada City and the surrounding areas. The following is a brief history of Bill and more will be presented at the City Council meeting:

Bill is a third-generation Nevada City native. He was born in Miners Hospital on Zion Street. He grew up on Long Street in the family home built by his grandfather. Bill attended Nevada City Elementary School where Isabelle Heffelfinger was the school nurse. Isabelle used to write little notes on the back of report cards and on Bill's she wrote "apparently normal." Bill graduated from Nevada Union High School Class of 1959. Having worked for well-known surveyor named Jack Siegfried doing surveying, chaining, drafting, and fieldwork Bill was encouraged by Jack to pursue and engineering degree. Bill traveled to Reno to earn his degree in Engineering from the University of Nevada in Reno.

After graduation, Bill returned to Nevada City and went to work for Pat Ingram's engineering firm. It was during this period in 1972 that he first became involved with the City of Nevada City in a professional way.

Pat Ingram's engineering firm was hired to help with the Downtown Betterment Project and Bill was named the Resident Engineer overseeing the undergrounding of the utilities, the resurfacing of Broad Street, and the installation of the now-famous gas lights.

Bill started his own company, Falconi Engineering, located on Searls Avenue behind SPD. Among some of the more notable projects he designed and built were the Lake Wildwood Country Club, Western Gateway Park facilities and what became a real challenge; the Ghidotti Building, located next to the Nevada Theater. It was the first new, from the ground-up, construction on Broad Street since the passage of the Historical District Ordinance. During this period that Bill and his brother John acquired Alpha Explosives.

Neighbors on Prospect St. never knew they had an explosives company in the neighborhood. In reality the plant was never in Nevada City, it is located on the outskirts of Lincoln. But for years, until the law changed, Bill made sure that sales were billed through Nevada City so we could get the sales tax revenue to help our depleted coffers. Over the next 20-plus years he and John took on several major projects in Lincoln such as the redevelopment of a block of the old downtown which had been home to, as Bill would affectionately say, "old man Jansen's Lincoln Feed and Grain." This project served to ignite Lincoln's preservation efforts.

By the end of the 1980's, Jim Cramner began to cut back and head toward retirement, so Bill once again stepped up to help serving as the City Engineer, then consultant, but always champion of Nevada City.

A few of the many many projects Bill is responsible for are and, not in particular date order:
• The Downtown Betterment Project.
• The widening of Brock Road and putting in sidewalks for the safety of school children. • Engineering for the restoration of the National Hotel balcony. • Numerous upgrades to the Water Treatment Plant and the Wastewater Treatment Plant. • The Pine Street bridge reconstruction.
• Turning the old Forest Service shops on Commercial Street into a much-needed parking lot . • Working closely with Conley Weaver, Bruce Boyd and Gary Harr, architects, he oversaw the remodel of City Hall.
• He also oversaw the reconstruction of the old Elks Lodge (Friar Tuck's) after the fire in 2002. • He spearheaded the restoration of the old Marsh sawmill site on Boulder Street. and the relocation of the Public Works yard to that facility.
• If you have ever climbed all 131 steps of Jacobs Ladder, the stairs that run from Sacramento St. to Prospect St. alongside the Red Castle, you can thank Bill for engineering them. • He oversaw the restoration of Firehouse No. 1 which houses the Historical Society's first museum. • He served as City Engineer on the construction of the Transportation Museum building working with Ken Baker and Roy Ramey to acquire land and with people such as Dan Landon of the Transportation Commission to get the necessary funding.

Throughout the years Bill has worked tirelessly to preserve and protect Nevada City not only for today's citizens but for future generations to enjoy. This desire to preserve and restore, rather than demolish and rebuild is easily demonstrated in the Celio Barn, just two buildings up from the Old Brewery (Stonehouse) on Sacramento St. For years it was used as the horse barn for the carriage company and not only was it sagging into disrepair, but it was permeated with horse manure. Today, it sits as an artfully preserved building thanks to Bill's hard work and unwavering desire to protect it. Look around Nevada City and you'll see the results of that hard work and desire to protect Nevada City in every neighborhood in town.

Bill is quite musical and a good trumpet player. While playing in the Nevada County Concert Band, he met his lovely wife Lorre, a fellow trumpet player. They married, built their home on Prospect Street in Nevada City, and have two children, Sean, a West Point graduate who is currently living in Texas with his wife and Bill’s only granddaughter and Celesta, a Wheaton graduate, also a very gifted musician and vocalist, who resides in Colorado with her husband and two children (Bill’s two grandsons).

A presentation will be made at the City Council meeting celebrating Bill’s indelible impact on Nevada City.

Staff requests that the City Council award a first ever 50+ Year Lifetime Service Award to Bill and , direct staff to prepare a resolution and plaque for the Nevada Street Bridge to be named in Bill’s honor with a plaque placed for presentation at bridge grand opening.

A special thanks to the Nevada County Historical Society Firehouse No. 1 Museum Director Cathy Wilcox-Barnes for the detailed history and pictures provided which form the basis of this staff report.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:

Pictures and Information
William J. Falconi
Presented By The City of Nevada City
To

LIFETIME SERVICE AWARD
For More Than 50 Years of Dedicated Service to the City December 14, 2023
Nevada Union High School Class of 1959
Ribbon Cutting of the Ghidotti Building on Broad St.

Commercial Street Parking Lot Dedication
City Hall Remodel (the Falconi Jail Cell)
William J. Falconi Nevada City Map
Dedication of Narrow Guage Railroad Depot
4th of July Parade Grand Marshal

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 12
Subject: Consideration of the South Yuba River Citizens League (SYRCL) Request for Monetary Sponsorship in the
Amount of $2500, Fee Waiver for City Facility Use, and
Special Event Street Closure Request for the 2023 Wild & Scenic Film Festival.

From: Sean Grayson, City Manager
Date: December 4, 2022
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Receive a presentation from the applicant, review, approve, and authorize the sponsorship, fee waiver, and special event street closure requests per the submitted application.

ISSUE STATEMENT AND DISCUSSION:

On October 11, 2023, the City received information on the 2023 Wild & Scenic Film Festival hosted by the South Yuba River Citizens League (SYRCL). This will be the 22nd annual occurrence of the event which is traditionally sponsored by the City. The information includes the following requests from the City:
• A fee waiver for the use of the City Hall Council Chambers for the event Activist Workshop Center February 15-19, 2024 ($450 fees).
• A request for Steelhead Trout level sponsorship of $2500 as identified in the event sponsorship deck which includes the placement of the City logo in various materials as noted. • A request for permission for the placement of sandwich board directional sign placement during the event.
• An application for street closures for one day on Saturday February 17, 2024. The proposed event hours on February 17, 2023, are 9:00am to 9:00pm set-up beginning at 8:00am and break-down ending at 10:30pm. The proposed street closure for the event includes:
o York Street between Broad Street and Commercial Street A summary of the specific event characteristics and recommended staff conditions are included in the application packet. The primary considerations are for emergency access with standard conditions by the Fire Department and for parking and road closures from Public Works. Representatives from SYRCL will provide a presentation on the event and the requests for the City Council’s consideration.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The total fees to be waived is $450 and the total contribution amount is $2500. If approved the $2500 will be funded from the City’s “Community Agency” Account 4655 which has funds specific to this type of sponsorship.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:

Street Closure/Special Event Application
Event Information
1 EVENT NAME:

EVENT INFORMATION. Please attach a detailed description of your event to this application (e.g.

Overall summary, open to the public? How being publicized? Kid/family friendly? Rain or shine? Etc.) Type of Event (Check all that apply)
___ Parade/Procession ___ Concert ___ Street Festival/Block Party ___ Run/Walk/Bicycle ___ Fundraiser ___ Other:

Has this event been produced before? Yes No
Is this an annual event? Yes No
Will there be an admission or entry fee? Yes No
If yes, fee per adult: $____________ Fee per child: $___________ Event Date(s)
Expected number of:

Attendees Participants Volunteers
Units and floats for parade:

Event Hours Start End
Set-up Date Time
Break Down Date Time
Names of street(s), sidewalk(s), alley(s) proposed to be closed (Attach additional pages or a map if necessary). Note that it may be necessary to consult with a Police Lieutenant (265-2626) and/or the Public Works Superintendent (265-2496) to accurately identify requested street closures. between &
between &
Additional Facilities Requested
Event organizers may be asked to complete a Facility Rental Contract with details about use of these additional facilities. Rental fees & cleaning deposits may apply. ___ Robinson Plaza ___ Calanan Park ___ Other: ___________________ Please note whether your event includes any of the following. If any apply, attach details. ___ Amplified sound ___ Concessions ___ Food Vendors
___ Stages/Platforms ___ Food Cooking ___ Alcohol sales ___ Tents/Temporary Structures ___ Animals will be present ___ Temporary Lighting

CITY OF NEVADA CITY

SPECIAL EVENT APPLICATION / CONTRACT
February 15-19, 2023
Wild & Scenic Film Festival
x
x Film Festival x
x
*Please note that we do not intend to charge a fee for
entry to street closure activities; the tickets will allow entry into film screenings and special events.
*
20-200 @ location of closure
n/a
Sun. 10pm
8am
10pm
York St. Broad Commercial
x
x
x
Fri. 9am
*
*10x10 open sided sun shade tents,
to be taken down at the end of each day
Feb 16, 2024
Feb 19, 2024
2 APPLICANT INFORMATION
Sponsoring Organization/Company
Name of Applicant/Responsible Party
Street Address Apt/Unit/Suite
City State Zip Code
Email
Daytime Phone Cell Phone
Does the sponsoring organization have experience producing similar events? Yes / No (Circle One) Event Contact for Public Information
Name Contact Phone
Email
Website
Day of Event Contact Information
On-site Contact Name
On-site Contact Cell Number
Day of Event ALTERNATE Contact Information
On-site Contact Name
On-site Contact Cell Number

APPLICATION FEES
The City requires the payment of a non-refundable application fee upon submission of your completed application. Late fees apply to applications filed less than 90 days in advance of an event. The City does not guarantee any application submitted less than 45 days in advance will be able to be submitted to the City Council for consideration prior to the planned event. Please select from the following table the fee(s) that apply to your application:
$100 Timely application for single new event OR old event with new sponsor $50 Timely application for repeat of event with same sponsor $25 For each additional application for new event by the same sponsor $10 For each additional application for repeat of event with same sponsor $75 Additional fee for applications filed less than 90 days in advance of an event $100 Rental Fee for Robinson Plaza or Calanan Park
$100 Cleaning Deposit for use of Robinson Plaza or Calanan Park $ Total Fees
South Yuba River Citizens League
Aaron Zettler-Mann
313 Railroad Ave. 101
Nevada City CA 95959
Eric Dunn
530.913.3164
Livia Campos de Menezes
510.241.7424
www.wildandscenicfilmfestival.org
[email protected]
South Yuba River Citizens League (530) 265-5961
[email protected]
(530) 265-5961 ext. 202 707.499.1588
x
50 3

APPLICANT AUTHORIZATION AND INDEMNITY
To the extent allowed by law, Applicant agrees to defend, indemnify, and hold harmless the City of Nevada City, its agents, officials, and employees from and against all claims, damages, losses, injuries, illness, accidents relating to, arising out of, or resulting from, the use of this Special Event Application and the information contained therein, and any resulting Contract.

Applicant acknowledges that the information provided in this Application is true and accurate to the best of Applicant’s knowledge and belief.

I have read, understand and agree to comply with all the information provided in the Special Event Application (attached) and any resulting permits and Special Event Contract if approved by the City Council.

Signature of Applicant/Responsible Party Date
10-16-2023
4 OVERVIEW
Thank you for choosing the City of Nevada City as the location for your event. The City requires the submittal of a Special Event Application as a pre-condition of considering whether to enter into an agreement to grant temporary use of all or any portion of a public street, sidewalk or alley.

Application materials must be completed in full and submitted to the City at least 90 days prior to your event date, and no more than one year in advance of the event date. Applications are accepted on a first-come, first-served basis. A non-refundable application fee must be paid upon submission of your completed application. Use “NA” for “not applicable” to questions or sections that do not apply to your event. Incomplete applications will not be accepted and will delay processing which could affect the availability of your preferred event date or location. Please note the information you provide becomes public information.

City staff review the Application/Contract. Notes from Police, Fire, Public Works and Parks & Recreation will be presented to City Council for consideration. City Council approves or disapproves your Application/Contract at a formal noticed public meeting. Applicants are strongly encouraged to attend the designated City Council meeting in order to discuss their proposed event and answer related questions. Please ensure you have City Council approval before marketing or advertising your event.

EVENT REQUIREMENTS
Alcohol. If alcohol is sold at your event, an Alcohol Permit from California Alcohol Beverage Control (ABC) is required. Please contact ABC at (916) 419-1319.

Amplified Sound. If the event will have amplified sound, applicant is required to have an event staff member responsible for monitoring sound levels to assure compliance with City noise standards when sound/music/noise may be audible beyond the event venue.

Business License. All vendors participating in an event held in Nevada City must obtain a current business license. For information about business license requirements, call City Hall at (530) 265-2496 x100.

Form of Payment. The City accepts payment in the form of cash, personal/business check, money order or cashier’s check. Please note there will be a $25 service charge for all returned checks.

Insurance. The applicant and/or the sponsoring organization is required to provide proof of insurance. A current or valid Certificate of General Liability Insurance in the amount of $1,000,000 and an endorsement (CG2026 or equivalent) naming the City of Nevada City as additional insured will be required at least 30 days prior to the event.

CITY OF NEVADA CITY

SPECIAL EVENT GUIDELINES
5 Event Notification. An event can change the normal flow of residential and business activity potentially causing a negative impact on the community. As the event organizer, you are responsible for notifying those residents and businesses that are adjacent to the planned closure prior to submission of your Application. Applicants must meet the Event Notification requirements unless the event is sponsored by the Nevada City Chamber of Commerce or has been approved and held annually in the same manner for three or more years. The preferred method of notification is the Requested Special Event Notification Form (Addendum A). Unless otherwise exempt, your application materials must include a signed Notification Certification (Addendum B) confirming adjacent residents and businesses were notified of the planned event.

Parking. Applicants will be required to work with the Nevada City Police Department to facilitate ingress/egress requirements for event participants.

Restrooms. Public restrooms are limited to two for downtown events, one at Robinson Plaza and one in the Commercial Street parking lot. If your event is planned for more than 50 people or in an area away from either public restroom, you may be required to provide restroom accommodations and hand washing facilities for event attendees in the quantity prescribed by the City.

Waste Management/Recycling. You are responsible for properly disposing of all waste and garbage throughout the term of your event, and immediately upon conclusion of the event the area must be returned to a clean condition. Therefore, the City may require the applicant to provide trash and recycling containers if the event involves food or drink vendors. Should cleanup be inadequate or damage to City property occurs, you will be billed at full recovery rates, plus overhead for cleanup and repair.

Runs/Walks/Bicycle. If you put chalk, stickers or other directional markings on streets, sidewalks or trails, these markings must all be removed at the end of your event.

CHECKLIST
Before you submit your application to the City of Nevada City, please make sure you have completed the following steps:
___ Sign AND date your Application/Contract.
___ Attach a detailed event description and additional information as needed ___ Secure required insurance for the event.
___ Include a Notification Certification confirming businesses and residents have been notified of the planned event.
___ Calculate and include the applicable fee.

Submit your completed application to:

City of Nevada City, Attn. Special Event Applications, 317 Broad Street, Nevada City, CA 95959 6 Addendum A – Requested Street Closure/Special Event Notification Form PLEASE NOTE. You have received this notification because your property/business is located adjacent to a requested temporary street, sidewalk or alley closure that is subject to City Council approval at a future City Council meeting. Please monitor future City Council agendas for consideration of the following request.

STREET CLOSURE/SPECIAL EVENT INFORMATION
Type of Event (Check all that apply)
___ Parade/Procession ___ Concert
___ Street Festival/Block Party ___ Other: __________________________ ___ Fundraiser
Event Name/Description
Event Date(s) Expected Attendance
Event Hours Start End
Set-up Date Time
Break Down Date Time
Names of street(s), sidewalk(s), alley(s) proposed to be closed:
between &
between &
between &
between &
between &
Sponsoring Organization
Event Contact Phone Number
Event Website
x
x
x
Film Festival x
22nd annual Wild & Scenic Film Festival
February 15-19, 2024 20-200 @ location of closure
Fri. 9am Sun. 10pm
Thurs. Feb. 15
Sun. Feb 18
8am
10pm
York St. Broad Commercial
South Yuba River Citizens League
Eric Dunn (530) 265-5961
www.wildandscenicfilmfestival.org
7 Addendum B – Notification Certification

EVENT INFORMATION
Sponsoring Organization
Event Name
Event Date(s)
Event Location
Signature of Sponsor or Authorized Representative
I acknowledge I am responsible for providing notice of my requested event to all adjacent residents and businesses and certify that the entities listed below have been notified of the requested event.

Name (printed)
Signature
Name/Business Address Method of Notification
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
Email
Hand Delivered
Mail
[Attach additional pages as needed]
South Yuba River Citizens League
Wild & Scenic Film Festival
Feb. 15-19, 2023
Nevada City and Grass Valley, CA (Street Closure Request for York St. in Nevada City) Aaron Zettler-Mann
Lika's Quarter Cafe 401 Commercial St,
x
Spirithouse 320 Broad St.
x
Waffle Sandwiches
by Superfood Q
108 York St.
x

BECOME A FLAGSHIP FESTIVAL PARTNER
Green
Sturgeon
$10,000
Tax Deductible Portion $9,485
Ad in Festival Program (5"x 3.625")
Festival Passes 6
Display &/or Table at Fest ../
Banner in Venues + Online ../
Logo on WSFF Poster ../
Logo in Pre-Film Slideshow ../
Logo in Festival Program ../
Logo+ link on WSFF Website ../
Framed 2023 Poster ../
Annual WSFF Membership ../
Wild & Scenic Film Festival relies on the support of
sponsors to present world-class films and overall
inspirational experiences to attendees, both local
and from around the globe.

Our audiences are engaged, informed, and eager to
learn what they can do to make a difference for the
planet, including in their consumer choices. Our
unique festival model offers sponsors meaningful
opportunties to engage with audiences while
enJoying broader exRosure and recognition in
alignment with Wild & Scenic Film Festival, an
internationally-known brand.

Because Wild & Scenic Film Festival is a fundraiser
for the South Yuba River Citizens League
(SYRCL), all festival sponsorships benefits SYRCL's
year-round work to protect and restore the
Yuba River watershed.

Join us as a Festival sponsor and discover what
makes Wild & Scenic a festival where
"activism gets inspired."
Chinook
Salmon
$5,000
$4,635
(5"x 1.75")
4 ../
../
../
../
../
../
../
Steel head River Red-Legged
Trout Otter Frog
$2,500 $1,000 $500
$2,285 $785 $360
(2.375"x 1.75")
2 2 1
../
../ ../ ../
../ ../ ../
../ ../ ../
../ ../ ../
../ ../ ../
For more information contact Eric Dunn, Operations Director (530)265-5961 x223 I [email protected] www.WildAndScenicFilmFestival.org

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 13
Subject: Consideration of 1) the Appointment of Kerry Rose Appointing to Fill the Vacant Nevada City Fire Safety Advisory Committee Member Position Through the Term Ending
September 15, 2024, and 2) Adoption of Resolution No. 2023- 54: A Resolution of the City Council of the City of Nevada City, California, Amending the Composition of the Nevada City Fire Safety Advisory Committee.

From: Sean Grayson, City Manager
Date: April 20, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the appointment and adopt the resolution.

ISSUE STATEMENT AND DISCUSSION:

One of the original Fire Safety Advisory Committee members has resigned from the committee. The City Council adopted Standards and Procedures section 5.2(e) specifies, among other requirements, that a public announcement of the vacancy be announced at a City Council meeting. The City Council approved this announcement at the October 18, 2023, regular City Council meeting. The vacancy has been posted on the City’s website and at City Hall since October 13, 2023, along with the posting of the agenda for the October 18, 2023, meeting.

The Fire Safety Advisory Committee heard an update on the vacancy at the November 16, 2023, meeting and recommended that the City Council appoint Kerry Rose to the vacant committee position. Mr. Rose meets the requirements for appointment including being a resident of the City. If appointed Mr. Rose will serve the duration of the vacancy appointment which is through September 15, 2024.

The committee was created by Resolution 2020-19 which included the appointment of the Fire Division Chief as a staff liaison and voting member of the committee. This is inconsistent with all other City Council committees where the staff liaison is assigned by the City Manager and is not a voting member. Resolution 2023-54 rescinds the City Council appointment of a staff member to the committee and authorizes the City Manager to appoint a staff liaison, who is not a member of the committee, to support the committee’s activities.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:
 Resolution 2020-19
 Resolution 2023-54
 Public Notice of Vacancy

RESOLUTION NO. 2023-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEVADA CITY,

CALIFORNIA, AMENDING THE COMPOSITION OF THE NEVADA CITY FIRE

SAFETY ADVISORY COMMITTEE
WHEREAS, the City Council of the City of Nevada City adopted Resolution 2020-19 Establishing a Nevada City Fire Safety Advisory Committee on March 11, 2020; and WHEREAS, the City Council has, in each fiscal year, appointed councilmembers to the committee and through various actions appointed community members to the committee; and WHEREAS, Resolution 2020-19 included a City staff member as a member of the committee with the staff member appointed by vote of the City Council; and WHEREAS, the City Council has established six other committees related to the adopted 2022-2027 Strategic Plan, each of which has a staff liaison this not part of the committee and appointed by the City Manager; and
WHEREAS, the City Council wishes to align the Nevada City Fire Safety Advisory Committee with other existing committees to establish the staff member as a liaison appointed by the City Manager and not a member of the committee;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEVADA CITY HEREBY RESOLVES AS FOLLOWS, the City Council appointment of a staff member to the Nevada City Fire Safety Advisory Committee is rescinded and the City Manager is authorized to appoint a staff liaison, who is not a member of the committee, to support the committee’s activities.

PASSED AND ADOPTED at the regularly scheduled meeting of the Nevada City, City Council held on the 14th day of December 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____
Daniela Fernández, Mayor
ATTEST:

Niel Locke, City Clerk

NOTICE OF UNSCHEDULE COMMITTEE VACANCY

FIRE SAFETY ADVISORY COMMITTEE
Pursuant to Section 54974 of the California Government Code, NOTICE IS HEREBY GIVEN that one (1) unscheduled vacancy has occurred on the FIRE SAFETY ADVISORY COMMITEE. The term period is through July 31, 2024. Applicants must be residents of the City of Nevada City. The committee scope, as established by the City Council of the City of Nevada City is, “To promote public fire safety and community involvement to protect Nevada City residents, business owners, visitors, and structures from wildfire. Establish objectives to support overall vegetation management and wildfire mitigation, identify funding sources, and promote public education and awareness”.

Additional information can regarding the appointment to City committees can be found at https://www.nevadacityca.gov/files/documents/NevadaCityCouncilStandardsandProcedures-Updated3- 9-221338113805081522AM.pdf
or by contacting the Deputy City Clerk (530) 265-2496 x 133 or [email protected].

To be considered for this vacancy, please complete a Committee Application and submit to the Deputy City Clerk. The application is available City Hall 317 Broad Street Nevada City, CA 95959 or online at https://www.nevadacityca.gov/files/documents/CommitteeCommissionApplication1332071648091621 PM.pdf
This NOTICE was duly posted no later than twenty (20) days after the vacancy occurred as required by law. Final appointment to the Committee shall not be made by the City Council for at least ten (10) working days after posting this notice in the City Clerk’s Office.

Dated this 13th day of October 2023
______________________________________
Gabrielle Christakes, Deputy City Clerk

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 14
Subject: Consideration of the Appointment of Seven (7) Public Arts Commissioners as Established in Ordinance 2023-09: An Ordinance of the City Council of the City of Nevada City Adding Chapter 2.38 (“Public Arts Commission”) to Title 2 (“Administration and Personnel”) of the City of Nevada City Municipal Code, Relating to the Establishment of a Public Arts Commission.

From: Sean Grayson, City Manager
Date: September 18, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Appoint the commissioners recommended by the four stakeholder groups and select and appoint the at-large artists in residence and youth commissioner.

ISSUE STATEMENT AND DISCUSSION:

On September 27, 2023 the City Council adopted Ordinance 2023-09: An Ordinance of the City Council of the City of Nevada City Adding Chapter 2.38 (“Public Arts Commission”) to Title 2 (“Administration and Personnel”) of the City of Nevada City Municipal Code, Relating to the Establishment of a Public Arts Commission. On October 18, 2023 the City Council recognized the seven (7) commission vacancies created by the newly adopted ordinance by public notice. The public notice was posted at City Hall, on the City website and shared on multiple social media platforms.

The ordinance establishes the Public Arts Commission and fixes membership of the commission at seven (7) members who reside in Nevada County, are appointed by the city council and serve at the council's pleasure, and do not hold any paid office or employment in the city government. Four members shall represent external stakeholder groups including: the Nevada County Historical Society, the Nevada County Arts Council, the Nevada City Chamber of Commerce, and the Nevada City Rancheria Nisenan. Each group has made a recommendation for the City Council’s considerations as follows:
• Nevada County Historical Society: Cathy Wilcox-Barnes • Nevada County Arts Council: Eliza Tudor
• Nevada City Chamber of Commerce: Celine Negrate
• Nevada City Rancheria Nisenan: Mira Clark
Staff recommends that the City Council appoint the members recommended by the groups.

Three members shall be at-large representatives, including: One (1) youth commissioner at least 16 years of age and not older than 18 years of age at the time of appointment; and Two (2) artists in residence or those persons who have demonstrated a strong commitment to the arts through individual patronage, education, or professional experience or knowledge of a particular arts and culture field. Applications or requests for consideration have been received by the following:

Youth Commissioner
• Willow West
Artists in Residence
• Pam Kinzie
• Sarah Coleman
• Maya DeHoyos
• Artemis Arthur
• Nikiya Schwarz
• Meghan Smolka
• Jorie Emory
• Shannon Harney
• Hannah Mosby
• Kirstin Brown
• Trinie Dalton
The City Vibrancy Committee has led the public process for the development of the City’s Public Art Ordinance and the formation of the Public Arts Commission. The committee has reviewed the submitted applications and will make recommendations for appointment at the City Council meeting. The committee recommends that those persons that expressed interests but are not appointed by the City Council be invited to attend and engage in the Commission meetings as Participating Members (non-voting). Staff recommends that the City Council approve the youth commissioner and two artists in residence commissioners as recommended by the committee.

Commissioners serve at the will and pleasure of the City Council serving a four-year term with the exception of the youth commissioner who serves a two-year term that may be optionally extended by an additional two years. The four-year term will be from January 1, 2024, through January 31, 2028, and the two year term will be from January 1, 2024 through January 31, 2026.

Inaugural Meeting
Staff will coordinate the calendaring of an inaugural meeting of the commission in January of 2024 as a joint session with the Strategic Initiative Vibrancy Committee to on-board the commissioners, share the history and impetus for its formation and begin work on the initial items of art business.

FINANCIAL AND/OR POLICY IMPLICATIONS:

None.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Vibrancy: Arts, Culture, & Distinction. Specifically, this action addresses, in part, Goal #6 of the vibrancy strategic initiative, “Evaluate the timing, formation, and mission of a Nevada City Arts Commission”.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:

None.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 15
Subject: Consideration of Approving a One-Time Equity
Payment to Full-Time City Employees in the Amount of $3000 of which $500 Must be Expended at Businesses in the City of Nevada City.

From: Sean Grayson, City Manager
Date: September 18, 2023
Reviewed & Approved:

City Manager:

City Attorney:

Recommended Action: Approve the equity payment.

ISSUE STATEMENT AND DISCUSSION:

Those who live, work, and play in the City of Nevada City enjoy a small yet incredibly effective group of employees or, “Team Nevada City”. In order to recruit, retain, and develop personnel to maintain Team Nevada City, the City seeks to be the employer of choice for those pursuing public service in Western Nevada County. This pursuit requires continuing evaluation and investment in salary and benefits for employees as well as a conscious commitment to training, education, and development of staff.

The City’s Five-Year Strategic Plan (2022-2027) was adopted by the City Council on November 9, 2022.

The plan includes seven (7) strategic initiatives and 54 goals within the strategic initiatives. With the adoption of the 2023/2024 budget, the City Council approved 69 specific objectives across all departments to advance or complete the goals within the strategic plan. Addressing these objectives add additional workload to staff beyond the standard level of community service that staff provides on an ongoing basis.

The City has had position vacancies since the adoption of the budget. Despite these vacancies and the need to accomplish the requirements of the strategic plan in addition to the City’s standard level of customer service across all departments, Team Nevada City has achieved peak performance completing more than 30% of the five-year strategic plan in one year. In recognition of the achievements of the team, a one-time employee equity payment that would provide $3000 to each employee is presented. The program would be funded through salary savings across all departments through December 31, 2023 and would not incur any additional expense within the fiscal year 2023/2024 budget. In support of Nevada City businesses and nonprofits, $500 of each employee’s allocation would be reimbursed upon its expenditure businesses and nonprofits within Nevada City. This is aligned with the City’s support of an “Eat, Shop, Donate, and Contract local” approach.

The vacancies have been filled meaning the team is at full force. Staff anticipates maintaining and expanding productivity and community service in 2024. The employee equity payment is not a recurring item and is not subject to any Memorandum of Understanding (MOU) or contract with any bargaining unit or employee. It is not subject to contribution to CalPERS retirement from the employee or city but is subject other taxes. The circumstances that have led to the recommendation of this payment are not likely to reoccur.

FINANCIAL AND/OR POLICY IMPLICATIONS:

The cost of this item will be funded within the existing authorizations of the City’s 2023/2024 Budget. Staff will make adjustments within each fund to reallocate salary savings attributable to the salary provision within each department. The total cost to the City is approximately $122,721 with $3000 per employee plus the City’s costs for social security and Medicare taxes.

STRATEGIC PLAN ALIGNMENT:

Business, industry, and cannabis support.

ENVIRONMENTAL CONSIDERATIONS:

Not applicable.

LEGAL REVIEW:

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

ATTACHMENTS:

None.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 16
Subject: Consideration of Award of City Website Request for Proposal (RFP) and Authorize the City Manager to Execute any Related Documents.

From: Stephen Erlandson, Assistant City Manager
Date: December 5, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Approve the award and authorize the City Manager to execute any related documents.

ISSUE STATEMENT AND DISCUSSION:

The City of Nevada City issued a Request for Proposal (RFP) for Website Design and Implementation on August 1, 2023, in compliance with Nevada City Municipal Code Sec. 3.08.050 with the goal of providing a website that delivers relevant information to our community members, visitors, and stakeholders, presented in a clear and easy to navigate format. By achieving this goal, the City desires to enhance the end-user experience, simplify content management and website administration for staff, and improve customer service. The new website should improve the ability for the public to find what they need, when they need it, and in turn reduce staff workload, empower our community, and increase transparency and engagement.

The RFP was posted on the City’s website, and in response the City received proposals from the following ten (10) firms:
• CivicPlus
• eCuras
• GHD Digital
• InterSources, Inc.
• Matic Digital
• P2H, Inc.
• Planetaria
• Setsail Marketing
• Simply iCard Consulting
• SNVA, LLC
The proposal evaluation committee consisted of the Assistant City Manager, Accounting Technician, and a member of the City Council with professional experience in website design and implementation.

Criteria used to evaluate the proposals included:
• Completeness of response
• Technical criteria
• Qualifications
• Experience
• Cost/fee structure
• Flexible/responsive maintenance and services
The respective first year costs of design, implementation, and hosting, along with the estimated annual maintenance/hosting costs proposed by the ten vendors are summarized as follows:

Website Vendor Year 1 Cost Estimated Annual Maintenance/Hosting Costs CivicPlus $34,500 $8,000
eCuras $36,000 $4,800
GHD Digital $28,726 $5,976
InterSources, Inc. $131,755 Not provided – Hosting & maintenance extra Matic Digital $128,700 $56,100
P2H, Inc. $65,619 $3,360
Planetaria $39,600 $4,800
Setsail Marketing Non Responsive Non Responsive
Simply iCard Consulting $66,800 $57,624
SNVA, LLC $149,928 $19,000
Based on the above criteria the evaluation committee recommends one firm, CivicPlus, for consideration based upon their overall ranking. CivicPlus is recommended due to the combination of their qualifications, experience in designing and implementing high quality websites for public transparency and ease of navigation, ease of use for the staff making changes going forward, and their proposed cost/fee structure.

Staff will bring an item for the consideration of the Vibrancy Committee to discuss the selection of a local vendor to provide community outreach and engagement that will inform the development of the website from the end user perspective. This will be funded within the City Manager’s purchasing authority.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Proposition 64 funding of $40,000 is available in the FY 2023-24 General Fund Operating Budget to cover the costs of a website design and implementation agreement with CivicPlus. Funding will be included in subsequent operating budgets to cover the ongoing maintenance and hosting fees per the agreement.

STRATEGIC PLAN ALIGNMENT:

This action is consistent with the strategic initiative of Vibrancy: Arts, Culture, and Distinction.

Specifically, this action addresses, in part, Vibrancy Goal #5, “Create and implement a stakeholder communications plan to include online social media, mailers, meetings, and workshops to meet both the City and stakeholder needs.” This action is similarly consistent with the embedded strategic initiative of Engagement: Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:
 Request for Proposal for Website Design and Implementation  CivicPlus Proposal
City of Nevada City
Request for Proposals
For Website Design and Implementation
Issue Date: August 1, 2023
Response Due Date/Time: September 8, 2023 @ 4:00 pm (PST) Stephen Erlandson
Interim Assistant City Manager
(530) 265-2496
[email protected]
City of Nevada City
317 Broad Street
Nevada City, CA 95959
I. INTRODUCTION
The City of Nevada City, hereinafter referred to as “the City”, is seeking the services of a qualified vendor to design, develop and implement a new website for the City. The intent of this RFP is to solicit proposals to replace the City’s current website (www.nevadacityca.gov), with a well-designed, intuitive, website built using a modern content management system. Furthermore, the City desires to clearly set forth the goals of the project; the core functionality that is most important to the City; and the service expectations of the selected vendor.

The City seeks the collaboration of an experienced company that can implement all of the functionality and content identified and required in this RFP, in a timely manner and within budgetary constraints. To this end, submitted proposals should clearly define how the vendor will accomplish each of the requirements set forth in this document. It is the intention of the City to select a single vendor to provide all of the identified design, development, content migration, and implementation services specified in this document. The City will likely engage a local non-profit to do some surveys and workshops around how the community would like to receive their information from the new website. To that end, the City will rely upon the expertise of the selected vendor to design how the new website will best fit the needs of the City and its end-users and best integrate the information architecture the City recently commissioned.

II. BACKGROUND AND OBJECTIVES
California's best preserved Gold Rush town, Nevada City, has a lot to offer far beyond this well-deserved distinction. Nestled in a basin on the Western Slope of the Sierra Nevada, it is framed and protected by ridgetops and promontories. At 2,500 feet above sea level, Nevada City is surrounded by forest. Deer Creek flows through and graces the center of town. Whenever you begin your descent into Nevada City, you can sense that you are approaching something good.

For thousands of years Nevada City and its environs were inhabited by the indigenous Nisenan. It was first settled by outside influences from the Gold Rush in 1849. At times it was referred to as "Nevada" and at others as "Nevada City." Eventually the word "City" was permanently added to avoid confusion with her neighbor, the state of Nevada.

Steeped in history, this full-service city of over 3,000 people has seen its ups and downs. With the diminution of gold mining and timber harvesting, plus the slice that the Golden State Freeway took out of the core of the city in the 1960s, city leaders looked to historic preservation as the path into the future. Creating its own historical district in 1968 has led to a slow but steady increase in visitors and vitality as well as designation on the National Register of Historic Places.

Today Nevada City once again has significant economic, cultural, and social substance. It is the county seat, headquarters of the Tahoe National Forest, and the site of an eclectic and diverse group of businesses. Fine restaurants, bars, overnight accommodations, two wineries, a Railroad Museum, Firehouse Museum, the Miners Foundry Cultural Center and the Nevada Theatre are all noteworthy, alive and well.

The City of Nevada City has a population of 3,152 within the City limits of 2.19 square miles. Our City’s annual operating budget is approximately $6 million and our annual Capital Improvement Program typically ranges from $5 - $8 million. The City employs 47 full-time employees and operates 9 departments.

The City’s goal is to provide a website which delivers relevant information to our community members, visitors, and stakeholders, presented in a clear and easy to navigate format. By achieving this goal, the City desires to enhance the end-user experience, simplify content management and website administration for staff, and improve customer service. The new website should improve the ability for the public to find what they need, when they need it, and in turn reduce staff workload, empower our community, and increase transparency and engagement.

III. PROJECT INFORMATION
The City has allocated a Capital Improvement Project budget which includes all staff time for associated work to develop and migrate data to the new website and seeks to launch the website by March 2024. Ongoing service and maintenance costs are budgeted separately.

The City expects that much of the content from the existing website will need to be migrated to the new platform but recognizes that the current navigation and architecture of the information is not intuitive to the end-user and the amount of material on the website is overwhelming.

It is important that the new website is authentic and retains Nevada City’s community character. The organization is working to present a welcoming, dynamic, professional, trusted, and fun culture that is reflected in their branding and website.

The responsibility for the management of website content is currently distributed among a few key personnel within each different department. The City Clerk’s Department takes primary responsibility for updates, maintenance, and archiving information.

Levels of approval and access will be needed for a handful of administrators. It is critical to the City that the new website have a user friendly, intuitive back-end interface that will allow non-experts in website development the ability to easily maintain, update, and expand the site as needed. It is also crucial that thorough training can be provided with software or maintenance updates and ongoing support available.

IV. CORE FUNCTIONALITY AND FEATURES
The website should tell the story of the staff and work that is done at the City of Nevada City and have substantial imagery, video, and interactivity to present a modern experience.

Although we want consistency within the website, we do want to build unique interior page templates to create visual interest and encourage repeat visitation, time-on-site, and user engagement.

All department/services landing pages will act as a mini-homepage for that division and should include a brief “who we are/what services we provide” section, links to latest news and latest events within that service/department, quick links to important interior pages, relevant contact info, and specific FAQs filtered for that department.

The information below represents the core functional capabilities identified by the City for the new website. The City requires a content management system that is both intuitive and robust in functionality. The list below is not all inclusive; other functionality may be recommended by the vendor to best meet the goals of the City.

1. ADA Compliant – Level AA on all devices.

2. Alerts & Emergency Notification – Alerts posted on website as a customizable banner, ticker message, or alternative.

3. Approval Rights – Allow system administrator to establish specific user roles and permissions for internal staff to update content based upon the role they have in updating the website.

4. Archive Center or Document Library – Store, newsletters, press releases, and other documents in one or more locations (easily searchable in both front and back end).

5. Browser Based Administration – Ability for internal staff to update, delete, and create template-based web pages.

6. Event Calendar – Calendar with ability for end-user to filter multiple departments/topics/dates and calendar view/list view. This should be a global organization calendar that is then filtered in each department’s interior section to show their specific events.

7. Community Interaction – Ability for end-users to join email list subscriptions, subscribe to specific categories of news or events, answer pop-up surveys or votes.

8. Frequently Asked Questions – FAQs that are searchable and filtered. This should be a global organization FAQ section that is then filtered in each department’s interior section to show their specific topics or projects.

9. News & Announcements – Dedicated section for news and announcements, with blog functionality. This should be a global organization blog section that is easily accessible on the homepage and arranged or pinned on the back end. Ability to filter blogs/news in each department’s interior section to show their specific news is desired.

10. Photo Gallery – Dynamic image display with media that are managed by staff in one or more locations on website that can be easily updated and changed out. Video inclusion desired.

11. Social Media Interface – End-users should have the ability to connect to our social media accounts and they should be able to easily share our content to their social media followers.

12. Printable Pages – Ability for end-users to easily print important webpages (print button).

13. Quick Links – Shortcut navigation options throughout the site for easy access tothe most important information.

14. Responsive Design – Completely mobile responsive design - site adjusts to the screen size of all devices it’s being viewed on, including, forms, calendars, etc.

15. RFP/RFQ/Bid Posting – Allow staff to easily post bids, awards, and results to the site.

16. Legal Requirements – Pages that have specific legally required information that is easily accessible.

17. Agenda & Public Comment Access – Allow staff to easily post agendas with the agendas and public comment submissions accessible with one click from the homepage.

18. Integration – Integration with Laserfiche, DocuSign, Municode, and other common City government third-party systems.

19. Language Selection – Integration of Google Translate or similartool.

20. Site Search - Internal site search engine.

21. Site Statistics – Google Analytics tracking code should be installed on all pages so internal users can view data and perform site audit reports.

22. Video Center – Live streaming video capabilities and embedded videosolution.

23. Interactive Map- A map which shows different projects or plans within an area that can be filtered by type or category (similar to San Fran Planning website).

24. TSL 1.3 Certificate- The site must have a TSL 1.3 certificate. Vulnerability Management- The software used around the application must be up-to- date, and there must be no known vulnerabilities that cannot be patched. A robust vulnerability management process must be in place to ensure the prompt identification and remediation of systems affected by known vulnerabilities or misconfigurations. Further, the systems must be appropriately hardened, following the principle that anything that is not required should beremoved.

25. Input Validation – Input validation should detect and prevent malicious transmissions including but not limited to SQL, Xpath, LDAP, Cross Site Scripting (XSS), and Command injection attacks.

26. Restoration- The website must have backup and restoration capabilities.

27. SSL Certificate- The website must utilize a Secure Socket Layer (SSL) certificate and HTTPS for data transmission.

V. SCOPE OF SERVICES
Submitted proposals should clearly state how each of the items below will be accomplished or provide documentation and pricing for standard services. The City understands that full-service hosting requires ongoing costs. These costs should be clearly outlined in the proposal. If a proposing vendor does not offer full-service hosting, please address your recommendations for hosting resources.

1. The selected firm’s representatives may be required to attend a public meeting during the approval process or implementation period.

2. The selected firm’s representatives will be required to meet with the City’s project manager, Website Committee and/or representatives to discuss and plan the project and provide progress reports as needed. A detailed timeline and transition/migration plan shall be provided in the proposal with major milestones and dates selected for follow-up throughout the different phases.

3. In conjunction with performance under the approved contract, the contractor may be required to attend additional progress meetings in the event the contractor is not in conformance with the contract. These meetings will be held at no additional cost to the City.

4. A testing period and subsequent acceptance testing period shall be provided, during which the City may evaluate the website on City property to ensure satisfaction with the website functions and conformance with specifications.

5. The selected firm will be responsible for coordinating and implementing the website with City personnel and the entity hosting the site. A detail explanation of this process should be included in the proposal.

6. The selected firm shall specify the period of time for which services will be provided to support the successful implementation of the website, until “Project Completion”, under the terms of the professional services contract.

7. Training shall be provided to key staff on the process of updating content, adding website pages and general administration tasks related to the functionality defined in this document, with supported material. The proposal should clearly described the approach and plan for this.

IV. PROPOSAL REQUIREMENTS

1. The proposal should contain the total project cost and detailed “line item” costs for components of the project. In addition, please specify:

A. “Not to Exceed” Fee (for actual cost of time and materials needed to complete the project).

B. “Not to Exceed” Fee (for any reimbursable costs anticipated during the course of this project).

C. Hourly rate schedule for services.

D. Separate cost figure for costs associated with initial start of project.

E. Any additional costs/charges (such as traveling expenses) must be clearly defined in the proposal.

F. Information and costs for the optional services should be submitted separately.

2. Proposal(s) should include necessary software and hardware, any additional communication requirements, integration needs, and potential costs necessary to host and maintain the website.

3. Proposal(s) should be all encompassing, with a single vendor identified as the “responsible lead vendor.” Please indicate any needed subcontracted services required to meet the needs of the proposal or clearly indicate what portion of the services are not included as part of your proposal.

4. Proposal(s) should contain your firm’s name, address, telephone number, principal contact, and e-mail address.

5. Enclose a section on relevant website development experience and information on the extent of your firm’s abilities to meet the needs of this project.

6. Provide a list of comparable websites, including municipalities and governmental agencies designed by your firm. Include the website address, company/agency contact person, and telephone number. These companies/agencies may be contacted for references.

7. Timing to complete the design and implementation. This should be as realistic as possible since this will be part of the contractual agreement.

8. A detailed work plan describing your approach to designing, managing, and coordinating this project. The description should include all tasks listed in the scope of work for all phases of the project and a tentative schedule, transition plan of the old site information to the new one, the testing needs, and stafftraining.

9. The selected firm shall provide details regarding the availability and pricing for ongoing website support and maintenance services contract (system administration, content addition/removal, functionality updates, etc.). Any ongoing support services shall be negotiated and entered into outside of the professional services agreement for the Design, Development, and Implementation.

10. Provide a plan for information collection with details on how you intend to gather all the required information and assistance expected from the City to complete this project.

11. Provide a full overview of the products and technologies that your company currently will be utilizing and explain your company’s ability to upgrade the services requested by issuer and any future capabilities your company is considering.

VI. KEY DATES & SELECTION PROCESS
RFP ISSUED: 08/1/2023
QUESTIONS DUE: 5:00PM PST 08/15/2023
PROPOSALS DUE: 4:00PM PST 09/08/2023
(TENTATIVE) FINALISTS NOTIFIED: 09/15/2023
ORAL INTERVIEW: Week of 09/25/2023
(TENTATIVE) SELECTION MADE: 09/29/2023
(TENTATIVE) COUNCIL CONTRACT APPROVAL: 10/11/2023
All questions and clarifications must be submitted via email to [email protected] by August 15, 2023. Responses to all questions received will be posted with the RFP at www.nevadacityca.gov. Only questions received via e-mail will be responded to and will be on the website no later than August 18, 2023, for all to view.

Proposals received will be evaluated by the Website Committee and the Vibrancy Committee. The evaluation criteria shall include, but not necessarily be limited to, the entity’s experience, understanding of the project, proposal’s completeness in addressing all items in the Scope of Services, abilities to provide high quality, flexible, responsive services and maintenance, and the proposed cost of the project. The entities whose qualifications and proposals are determined best suited to the project, will then be invited to an interview/presentation meeting for further evaluation of their qualifications and proposals. The City shall then award the contract. The City reserves the prerogative to determine which, if any, of the proposals it may wish to accept, to request that modifications be made to any proposal prior to the award of contract and/or cancel or amend any and all requirements for this project at any time.

1. Final Selection
Following the review of the proposals, presentation, and interviews, the City may further invite a firm(s) to formally meet with City representatives/project team prior to making a final determination to address additional inquiries by the City and to discuss and/or negotiate terms and conditions for a final contract. Factors that will determine the final selection will include the finalization of terms in regard to service agreements and costs.

However, the City of Nevada City reserves the right to reject any or all quotations, waive any informality in RFPs, and to accept or reject any items thereon.

2. Contract Commencement and Completion
Should the City select a firm in response to this RFP; a service contract will be required. While the specific conditions of the contract are dependent on the types of services proposed and negotiated fees, it is anticipated the contract will include the terms in Attachment A. Any modifications to the terms will be determined by the City. If the proposer has any objections or modifications to the terms, these should be highlighted in the proposal with suggested alternativelanguage.

A. The selected firm will be required to enter into an Agreement for the project with the City.

B. Upon approval, the contract shall start within 30 days after the award of the contract. The estimated completion date shall be defined in the proposal submitted by the selected firm.

C. Before the City executes a contract, the selected firm shall furnish the City a certificate evidencing Workmen’s Compensation Insurance, Comprehensive Public Liability Insurance or General Liability Insurance and all other insurance necessary as identified in the standard form contract in Attachment A. The City shall be named as an additional insured. Certificates of Insurance must be accompanied by the applicable endorsements for the specific insurance policy.

VII. OWNERSHIP AND INTELLECTUAL PROPERTY

1. The project, and all services provided shall constitute a “work for hire.” All screens, graphics, domain names, content and the “look and feel” of the site developed shall be owned solely by the City of Nevada City, together with any and all underlying software, object code, digital programming, and source code.

2. The contractor does not retain any rights to use any materials or software it gains from its creation of the website.

3. All intellectual property developed in connection with the website will be owned solely by the City of Nevada City.

4. In developing the website, the contractor will not infringe or violate the copyright and other intellectual property rights of third parties.

5. The contractor is responsible for securing various rights, licenses, clearances, and other permissions related to works, graphics or other copyrighted materials to be used or otherwise incorporated in the website.

6. All applicable copyright notices will be displayed on the website.

7. Contractors will not, during the website development or thereafter, use the City’s logos, except with the City’s express written approval.

VIII. CITY’S RESPONSIBILITIES

1. A City representative will be designated to monitor all technical aspects and assist in administering the contract. The types of actions within the City representative’s authority are to assure that the contractor performs the technical requirements of the contract. The City representative will also perform or cause to be performed, inspections necessary in connection with performance of the contract; monitor the contractor’s performance under the contract; and notify the contractor and the City of any deficiencies observed.

2. The City will be responsible for providing the contractor with specific information on the content to be included on the City’s website.

3. The project team will be available as necessary to answer questions and provide resources.

4. The City representative will not be responsible for any failure on the part of the contractor to carry out work in accordance with the contract.

IX. MISCELLANEOUS
The contractor shall hold the City of Nevada City, its officers, agents, servants, and employees, harmless from liability of any nature or kind on account of use of copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article, or appliance furnished or used under the proposal or performance of the project if awarded the contract. All terms and conditions of the City of Nevada City standard form contract are outlined in Attachment A.

ATTACHMENT A

CITY OF NEVADA
CITY

PROFESSIONAL SERVICES AGREEMENT

1. PARTIES AND DATE
This Agreement is made and entered into this day of , 20 , by and between the City of Nevada City, a municipal corporation, organized under the laws of the State of California, with its principal place of business at 317 Broad Street, Nevada City, California, 95959 (“City”) and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E.,

CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [INSERT ADDRESS] (“Consultant”). City and Consultant are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS

2.1 Consultant.

Consultant desires to perform and assume responsibility for the provision of certain [INSERT TYPE] services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional [INSERT TYPE] consulting services to public clients, is licensed in the State of California, and is familiar with the plans of City.

2.2 Project.

City desires to engage Consultant to render such [INSERT TYPE] services for the [INSERT NAME OF PROJECT, AND CONTRACT NUMBER, IF APPLICABLE] project (“Project”) as set forth in this Agreement.

3. TERMS

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [INSERT TYPE] consulting services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. [INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”]

3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] to [INSERT DATE], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING

SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Responsibilities of Consultant.

3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee.

Consultant retains the right to perform similar or different services for others 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 City and shall at all times be under Consultant's exclusive direction and control. Neither City, nor any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. 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 be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
[OPTIONAL: include the following section if there a person working for Consultant that we deem absolutely critical to the completion of the project. If no such person exists then substitute with [Reserved] so you don’t throw off the numbering;]

3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City. The key personnel for performance of this Agreement are as follows: [INSERT NAME AND TITLE].

3.2.5 City's Representative. The City hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City's Representative”). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee.

3.2.6 Consultant's Representative. Consultant hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative for the performance of this Agreement (“Consultant's Representative”). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.

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 standard of care provided for herein. 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 the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9 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 the Project or the 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 Services. If Consultant performs any work knowing it to be contrary to such laws, rules and regulations, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees, agents, and volunteers free and 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 orregulations.

3.2.9.1 [***INCLUDE IF WITHIN CITY BOUNDARIES,
OTHERWISE ALWAYS DELETE SECTION***] Open Code Violation Cases. Persons or businesses which have open code violation cases with City relating to their place of business or otherwise related to the performance of this Letter Agreement are ineligible to enter service or construction contracts with City. This restriction applies whether the open code violation case applies to the work proposed to be performed under contract with City or other violations of City codes or regulations. If a code violation case is opened after this Letter Agreement is signed, City will withhold 10% of Contractor’s compensation pursuant to this Letter Agreement until compliance is achieved. If compliance is not achieved by the termination or expiration date of this Letter Agreement, or within 180 calendar days of the opening date of the case (whichever is longer), the withheld amount shall be permanently retained by City. If monies are withheld from Contractor, Contractor shall be ineligible to bid on future City work until the Community Development Director verifies that compliance has been achieved. This remedy is non- exclusive, and in addition to any other remedies in law or equity available toCity.

3.2.10 Insurance. [CITY RISK MANAGER OR CITY ATTORNEY TO REVIEW PRIOR TO EACH USE]

3.2.10.1 Time for Compliance. Consultant shall not commence work 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 subconsultant to commence work on any subcontract until it has either: (i) provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section; or (ii) procured insurance covering each subconsultant to the same extent as Consultant.

3.2.10.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. If Consultant maintains higher limits than the specified minimum limits, City requires and shall be entitled to coverage for the higher limits maintained byConsultant. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, or the exact equivalent, and shall be no less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to theAgreement.
(B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities shall be in an amount of not less than $1,000,000 combined limit for each occurrence. [***NOTE:

If Consultant does not own any company vehicles or may not be able to purchase a Business Automobile Insurance Policy, the requirement may be satisfied by providing either of the following:
(1) a Personal Automobile Liability policy for the Consultant's own vehicle stipulating “Automobile Liability Insurance with a limit of not less than $1,000,000 each accident”; or (2) a non-owned auto endorsement to the Commercial General Liability policy if Consultant uses vehicles of others (e.g., vehicles of employees). ALWAYS DELETE THIS SECTION IF NOT USED.***]
(C) Workers’ Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease.
[OPTIONAL: include the following provision if there is a professional liability exposure; otherwise, always delete. If deleted, then also delete section 3.2.10.3(B) below. (D) Professional Liability: Professional Liability insurance with minimum limits of $1,000,000. Covered professional services shall delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. [OPTIONAL: include the following provision if there is a pollution liability exposure; otherwise, always delete.]
(E) Pollution Liability:

Pollution Liability Insurance covering all of the consultant’s operations to include onsite and offsite coverage for bodily injury (including death and mental anguish), property damage, defense costs and cleanup costs with minimum limits of $5 million per loss and $10 million total all losses. The policy shall contain no endorsements or provisions limiting contractual liability or coverage for cross liability of claims or suits by one insured against another.

If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three (3) years from termination or expiration of this Agreement. [***ALWAYS DELETE IF NOT USED***]

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(A) The policy or policies of insurance required by Section 3.2.10.2(A), Commercial General Liability and 3.2.10.2(B), Automobile Liability Insurance [INSERT "and

3.2.10.2(E), Pollution Liability"; IF APPLICABLE, OTHERWISE, ALWAYS DELETE], shall be endorsed to provide the following:
(1) Additional Insured: Consultant agrees to endorse the third party general liability coverage required herein to include as additional insureds City, its officials, officers, employees and agents, using standard ISO endorsement No. CG 2010 with an edition date of 2010, or such other edition date as may be acceptable to City.

Consultant also agrees to require all contractors, subcontractors, and anyone else involved in any way with the Project contemplated by this Agreement to do likewise.
(2) Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
(B) [ONLY INCLUDE IF PROFESSIONAL LIABILITY INSURANCE IS REQUIRED, OTHERWISE ALWAYS DELETE AND CHANGE C TO B BELOW] The policy or policies of insurance required by Section 3.2.10.2(D) Professional Liability, shall be endorsed to provide the following:
(1) Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.
(C) The policy or policies of insurance required by Section 3.2.10.2(C), Workers' Compensation, shall be endorsed to provide thefollowing:
(1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(2) Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or self-insured retention is increased.

3.2.10.4 Primary and Non-Contributing Insurance. All insurance coverages shall be primary and any other insurance, deductible, or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions.

3.2.10.5 Waiver of Subrogation. Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

3.2.10.6 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement. In the event that the Consultant's operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.9 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

3.2.10.10 Insurance for Subconsultants. All subconsultants shall be included as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an Additional Insured to the subconsultant's policies. Consultant shall provide to City satisfactory evidence as required under Section 3.2.10.1 of this Agreement.

3.2.11 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 appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, 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.

3.2.12 Water Quality Management and Compliance. [DELETE ENTIRE

SECTION(S) IF THE WORK IS NOT TO OCCUR NEAR A BODY OF WATER, RIVER OR STREAMBED.]

3.2.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.2.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.2.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.2.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.2.12.2 of this Agreement is a violation of federal and state law. Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.2.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.3 Fees and Payments.

3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [INSERT AMOUNT WRITTEN OUT] ($[INSERT NUMBER]) without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice.

City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges thereon. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of thisAgreement.

3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City.

3.3.5 Rate Increases. In the event that this Agreement is renewed pursuant to Section 3.1.2, the rate set forth in Exhibit “C” may be adjusted each year at the time of renewal as set forth in Exhibit “C.”
[OPTIONAL: Include the following provision if prevailing wages are required (INCLUDING ANY SCOPE WITH SURVEY IN THE SCOPE OF WORK); otherwise, always delete.]

3.3.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 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 "public works" and "maintenance" projects. Since the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. 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 officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Consultant shall comply, and shall require each subcontractor employed by Consultant to provide services pursuant to this Agreement to comply, with the requirements of Labor Code Section 1776, including without limitation the requirement to maintain certified payroll records. Consultant shall submit certified payroll records directly to the California Labor Commissioner. At all times during the course of Consultant’s work, Consultant shall remain registered with the Department of Industrial Relations and qualified to perform public work pursuant to Labor Code Section 1725.5, and Consultant shall ensure that all subcontractors employed by Consultant also remain so registered. Pursuant to Labor Code Section 1771.1(a), a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the Labor Code, unless currently registered with the Department of Industrial Relations and qualified to perform public work pursuant to Section 1725.5. However, an unregistered contractor may submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided that the contractor is registered to perform public work at the time the
contract is awarded. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

3.4 Accounting Records.

3.4.1 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 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.

3.5 General Provisions.

3.5.1 Termination of Agreement.

3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data 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 document and other information within fifteen (15) days of the request.

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

3.5.2 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:

Consultant: [INSERT BUSINESS NAME]
[INSERT STREET ADDRESS]
[INSERT CITY STATE ZIP]
ATTN: [INSERT NAME AND TITLE]
City: City of Nevada City
317 Broad Street
Nevada City, CA 95959
ATTN: 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.

3.5.3 Ownership of Materials and Confidentiality.

3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.

3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & 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 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 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 ofCity.

3.5.4 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 thisAgreement.

3.5.5 Attorney's Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.

3.5.6 Indemnification.

3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys fees and other related costs and expenses. Notwithstanding the foregoing, to the extent Consultant's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

3.5.6.2 Additional Indemnity Obligations. Consultant shall defend, with counsel of City’s choosing and at Consultant's own cost, expense and risk, any and all claims, suits, actions or other proceedings of every kind covered by Section 3.5.6.1 that may be brought or instituted against City or its directors, officials, officers, employees, volunteers and agents. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, volunteers and agents as part of any such claim, suit, action or other proceeding. Consultant shall also reimburse City for the cost of any settlement paid by City or its directors, officials, officers, employees, agents or volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse City and its directors, officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents, or volunteers.

3.5.7 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.

3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Any action to interpret or enforce this Agreement shall be brought in the Nevada City branch of the Nevada County Superior Court.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.10 City's Right to Employ Other Consultants. City reserves the right to employ other consultants in connection with this Project.

3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. 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.

3.5.13 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 subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

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

3.5.15 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.

3.5.16 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by theParties.

3.5.17 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.

3.5.18 Prohibited Interests. 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, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.5.20 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 Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5.21 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 respectiveParty.

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

3.6 Subcontracting.

3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

CITY OF NEVADA CITY
Approved by: Approved as to Form:

Sean T. Grayson Dean Pucci
City Manager City Attorney

CONSULTANT
Reviewed and Accepted by Consultant
Signature Signature
Name Name
Title: [Must be: Chairperson of the Board, Title: [Must be Secretary, Assistant Secretary, President, or Vice President] Chief Financial Officer, or Treasurer] Date Date
EXHIBIT "A"

SCOPE OF SERVICES
EXHIBIT "B"

SCHEDULE OF SERVICES
B-1
EXHIBIT "C"

COMPENSATION
Website Design and
Implementation
City of Nevada City, California
PRESENTED BY:

Jordan Cairns, Account Executive
September 8, 2023
civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888.228.2233 September 8, 2023
Stephen Erlandson
Interim Assistant City Manager
City of Nevada City
317 Broad Street
Nevada City, CA 95959
Submitted via Email to: [email protected] RE: Website Design & Implementation
Dear Mr. Erlandson and Selection Committee:

Every interaction between a member of your community and your local government is an opportunity to create a positive civic experience. At CivicPlus, LLC (CivicPlus), our mission is to help make local governments work better. To do that, we build technology solutions to empower you and your staff to create digital interactions that are personal, one-stop, and frictionless.

With CivicPlus’ Municipal Websites Central (Web Central) content management system (CMS) Nevada City won’t simply be getting a website—you’ll also obtain the tools to build a trusted and long-term relationship between you and your residents. By partnering with CivicPlus, you’ll receive:
• Responsive design that is available to your residents from anywhere on any device • Comprehensive suite of modules and tools tailored to the functionality you need most • Guaranteed redesign after four years of service to keep your website fresh and innovative • Hands-on migration of existing content by our team of experts • 24/7/365 emergency support with secure hosting and maintenance • Integrated search with Municode Codification solution Your new website will be developed on the most robust and flexible CMS available. Web Central is an easy-to-use suite of cloud-based tools built specifically for local government. You’ll be able to inform and empower your residents and staff in more efficient ways.

I welcome the opportunity to discuss our proposed solution for Nevada City and answer any questions you may have about partnering with CivicPlus.

Sincerely,

JORDAN CAIRNS
Account Executive
[email protected]
785.370.7764
civicplus.com
Table of Contents
Company Overview 1
Executive Summary 4
List of Comparable Websites 5
Project Team 7
CMS Features & Functionality 9
Implementation 18
Continuing Services 26
Investment Proposal. 29
Modifications to Terms 35
civicplus.com 1
Company Overview
CivicPlus History
CivicPlus began in 1998 when our founder, Ward Morgan, decided to focus on helping local governments work better and engage their residents through their web environment. Over the years, CivicPlus has continued to implement new technologies and merge with industry forerunners to maintain the highest standards of excellence and efficiency for our customers.

Our portfolio includes solutions for website design and hosting, parks and recreation management, emergency and mass communications, agenda and meeting management, 311 and CRM, process automation and digital services, codification, licensing and permits, web governance and ADA remediation, social media archiving, and FOIA management.

Our commitment to deliver the right solutions in design and development, end-user satisfaction, and secure hosting has been instrumental in making us a leader in government web technology. We are proud to have earned the trust of our over 12,500 customers and their 100,000+ administrative users. In addition, over 340 million residents engage with our solutions daily.

EXPERIENCE
25+ Years
12,500+ Customers
900+ Employees

RECOGNITION
Inc. 5000 11-time Honoree
GovTech 2023 Top 100 Company
Stevie® Awards Recognized with multiple, global awards for sales and customer service excellence
Primary Office
302 S. 4th Street, Suite 500
Manhattan, KS 66502
Toll Free: 888.228.2233 | Fax: 785.587.8951
civicplus.com
Contact
Jordan Cairns
Account Executive
[email protected]
785.370.7764
civicplus.com 2
Powering & Empowering Government
We empower municipal leaders to transform interactions between residents and government into consistently positive experiences that elevate resident satisfaction, increase revenue, and streamline operations.

Government leaders tell us that one of their most pressing needs is to improve how residents access and experience municipal services; however, they struggle with budget cutbacks and technology constraints. CivicPlus enables civic leaders to solve these problems, making consistently positive interactions between residents and government possible.

What sets us apart is our Civic Experience Platform. CivicPlus is the only government technology company exclusively committed to powering and empowering governments to efficiently operate, serve, and govern using our innovative and integrated technology solutions built and supported by former municipal leaders and award-winning support teams. With it, municipalities increase revenue and operate more efficiently while fostering trust among residents. civicplus.com 3
Relevant Website Development Experience
FIRM’S CAPACITY
CivicPlus has more than 900 staff members who continue to implement new technologies and services to maintain the highest standards of excellence and efficiency for our more than 12,500 customers with over 100,000 users and over 340 million visitors and counting! While we are based in Kansas, we have staff working remotely across the U.S. and have developed websites for local government customers in all 50 states and Canada.

A dedicated project team will assist you throughout the development process to ensure your project’s success and your complete satisfaction. Your team will consist of project manager, consultant, art director, web content specialist, and trainer. The project manager coordinates the process from start to finish, and will be your primary connection.

Your consultant will work closely with you to ensure the success of your project. The art director is the creative voice, working with you to clarify your vision into a cohesive look and layout. A web content specialist will provide feedback and guidance on the layout of content on your new website. Your trainer will provide online training to equip your staff with the knowledge and comfort level needed to prepare your website for launch and maintain it in the future After launch, CivicPlus has a team of dedicated customer success managers to help you implement the tools needed to successfully provide ongoing community engagement. Upon website launch, you will have a dedicated member of this team to keep you updated with new CivicPlus products and ways to optimize your website. This specialized team member can provide you with further information on how to engage your residents utilizing the tools available on your new website.

Our technical support engineers are ready to answer your staff members’ questions and ensure their confidence in using our website. When you choose CivicPlus, our knowledgeable staff is available from 7 a.m. to 7 p.m. (CST) to field your calls and emails, with 24/7 emergency services available after regular hours through our on-call staff. civicplus.com 4
Executive Summary

CONTENT

MANAGEMENT
SYSTEM
Streamline your processes and add self-service options to reduce calls and walk-ins with our easy-to-use CMS specifically designed for local government.

Provide access to your website from any device, screen size, and orientation with a responsive and optimized design.

Ensure information is easily accessible for all your residents with a website that is highly compliant with the accessibility standards outlined within Section 508 and WCAG Level A & AA at go live.

Search both your website and your online hosted code via Municode Codification at one time with our integrated search tools.

IMPLEMENTATION
Rely on a dedicated team of industry experts as they guide you through implementation.

Lean on your consultant as they evaluate your specific needs and make recommendations for solutions to meet your goals.

Collaborate with your art director to develop a design that captures your community’s unique brand.

Enhance your content for usability and accessibility with intuitive navigation as our Content Development Team performs a hands-on migration of content, documents, and images to your new website.

Participate in personalized one-on-one education led by a CivicPlus trainer so you can confidently update your website long after launch.

H O S T I N G,

S E C U R I T Y, &

SUPPORT
Maintain peace of mind with an enterprise-level hosting environment monitored 24/7/365 and backed by a guaranteed 99.9% uptime (excluding maintenance).

Reach out to our award-winning, in-house Technical Support Team available via chat, phone, and email with your questions or access selfservice tutorials and user guides on the CivicPlus Help Center 24/7/365.

Receive continuous system updates to keep your system running at the optimal capacity.

Partner with your customer success manager who will help you use the tools and products CivicPlus offers to create an ongoing strategy to better engage your residents.
civicplus.com CONFIDENTIAL | 5
List of Comparable Websites

COTATI, CALIFORNIA
cotaticity.org
Katie Duran, Senior Management Analyst
E: [email protected]
P: 707.792.4600

LYNNWOOD, CALIFORNIA
lynwoodca.gov
Peter Hahn, Director of Technology and Media Support
E: [email protected]
P: 310.603.0220 x294

HANFORD, CALIFORNIA
cityofhanfordca.com
Eric Forcey, IT Manager
E: [email protected]
P: 559.585.4746
civicplus.com CONFIDENTIAL | 6

AVALON, CALIFORNIA
cityofavalon.com
Devin Hart, Deputy City Clerk/Administrative Analyst
E: [email protected]
P: 310.510.0220

BREA, CALIFORNIA
ci.brea.ca.us
Liz Pharis, Communications & Marketing Manager/PIO
E: [email protected]
P: 714.990.7600 x7673
civicplus.com 7
Project Team
From project management to design and development to training and support, a professional and experienced project team will assist you throughout the development process to ensure your project’s success and your complete satisfaction. Based on our years of experience administering projects, it has become our policy to assign individual team members at the project start that connect with your style and municipality’s needs. As such, we do not provide names or resumes of team members during the RFP process. Rest assured that your project team, once assigned, will deliver the attention and effort you need and deserve to create a website that achieves your vision of success.

Project Manager – Provides communication, establishes project plan, schedules project resources, facilitates project tasks, ensures requirements are met according to scope
Consultant – Examines current state, recommends solutions to challenges, provides actionable steps for implementation Art Director – Establishes vision for website design, collaborates with graphic design team to create website design to meet your needs, coordinates design application to functioning website
Web Content Specialist – Guides content development process, ensuring application of best practices for usability and accessibility Trainer – Educates your team to use the Web Central
system and demonstrates effective use of tools and
functionality
Nevada City’s
Project Team
Project Manager
Consultant Art Director
Trainer Web Content
Specialist

SUBCONTRACTORS
Because all services required for a successful project are performed in-house, no aspect of the development or implementation of your project will be outsourced or subcontracted. civicplus.com CONFIDENTIAL | 8
Team Leaders
Our expert team leaders will coordinate qualified specialists who will work directly with you throughout your project development and beyond.

TIFFANY WILLIAMSON, SENIOR VICE

PRESIDENT OF PRODUCT
Education – BA Speech Communication, JD Pepperdine University School of Law Resume – Chief Technology Officer & General Manager, VP Operations & Global Segment Marketing, VP Global Segment Planning & Marketing, Director, Strategic Planning 15+ Years Experience – Building and scaling SaaS platforms for the Government, Education, and Legal markets

ADAM BLOCK, SENIOR DIRECTOR OF

PROFESSIONAL SERVICES
Education – BS Business Administration Management; Economics Resume – Lead Project Manager; Financial Services
10+ Years Experience – Project Management; Business Management; Team Building; Customer Service

JEREMY WILSON, SENIOR DIRECTOR OF

CUSTOMER SUCCESS
Education – BS Political Science
Resume – Assistant Manager of Account Management; Solutions Specialist 5+ Years Experience – Customer Service; Leadership Sales; Team Building

JIM FLYNN, DIRECTOR OF INFORMATION

SECURITY
Education – BA Computer Information Systems
Resume – Chief Systems Architect; Information Technology Director; Software Engineer 20+ Years Experience – Cybersecurity; Hosting; Network Infrastructure; System and Software Architecture
civicplus.com 9
CMS Features &
Functionality
CivicPlus’ Web Central CMS is robust and flexible with all the features and functionality you need today and in the future.

Developed for municipalities that need to update their website frequently, CivicPlus provides a powerful government content management structure and website menu management system. The easy-to-use system allows non-technical employees to efficiently update any portion of your website.

Each website begins with a unique design developed to meet your specific communication and marketing goals, while showcasing the individuality of your community. Features and capabilities are added and customized as necessary, and all content is organized in accordance with web usability standards.

Modules & Widgets

RESIDENT ENGAGEMENT
Web Central offers many effective and easy-to-use resident engagement features. These tools easily integrate with the other key features.

Notices and Alerts – Post emergency or important information on your website and notify residents through email and SMS, via Alert Center.

Blog – Post opinions/information about various community topics and allow resident comments and subscriptions.

Calendar – Create multiple calendars and events to inform residents of upcoming activities that are viewable by list, week, or month.

Submit Requests and Report Issues – Allow residents to report a problem and provide follow-up communication with the point of contact (includes five user licenses & 10 request types) via Citizen Request Tracker (CRT).

Form Center – Create custom, online forms via simple drag-and-drop functionality. Track form submissions within the CMS and route email notifications to the appropriate individual(s).

Get Community Input – Post initiatives and project ideas to receive feedback and interact with your residents via Community Voice.

News – Post news items and keep your residents up to date on important information via News Flash.

Opinion Poll – Poll your residents on important topics by showing the Opinion Poll widget on relevant pages, to grab civicplus.com 10
resident attention and quickly capture their responses to your polls. Polling helps with gathering and evaluating resident feedback, increasing resident engagement, and understanding your community.

Notifications – Allow your residents to subscribe to receive text and email notifications on topics that are important to them via Notify Me® (includes up to 500 SMS users).

Pop-up Modal – Use a pop-up modal to call attention to important information and notices, sitewide or on specific pages.

ASSET MANAGEMENT
Web Central comes fully equipped with a robust set of document and image management tools that work with other key features of our CMS, making it easy to build dynamic content that is easy for residents to navigate and access.

Agenda Center – Create and display meetings and agendas on the website utilizing our built-in Agenda Center module. For advanced functionality, including live meeting management, our integrated Agenda and Meeting Management product is available as an add-on.

Archive Center – Manage and retain serial and older documents.

Document Center – Organize and manage documents in one central repository.

Image Repository – Store all your images in one central location, to utilize individually or create slideshows on your site. Use the built-in editor to crop and resize photos, as needed. Images are optimized for performance, mobile responsiveness, and contain alt text for accessibility compliance.

INFORMATION & NAVIGATION
Organize your content and pages to make it easy to locate the information you and your residents need most with modules that help you update information quickly.

Easy for Residents to Navigate – An intuitive design, mega menu options, prominent buttons, and dynamic breadcrumbs throughout your site, all allow residents to easily find what they’re looking for.

Frequently Asked Questions (FAQs) – Provide answers to the most frequently asked questions to reduce phone and foot traffic for staff.

Graphic Links – Create visually appealing buttons to direct users to important information.

Info Advanced – Use Info Advanced to create engaging displays of information for reuse throughout the website.

Quick Links – Provide links to highly requested services and information. These are commonly displayed in website footers and right-hand navigation.

Resource Directory – Use the Resource Directory to showcase information on local businesses and/or community resources.

Staff Directory – Provide contact information for departments and individual staff members. Use the information throughout the site and keep updated in one location. The Staff Directory widget allows you to quickly place specific persons or departments on relevant pages.
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DEPARTMENT-SPECIFIC
There are several function-specific features and modules for government departments. These tools are integrated into the Web Central CMS and offer the ability to complete multiple steps in one action.

Activities – Create and post activities, events, and classes so residents can register for them and even pay online.

Your administrators can view and create rosters. The Activities module integrates with the Facilities module so residents can view the location of the activity.

Facilities & Reservations – Display facilities on your site for residents to browse. Allow them to filter by amenities, view facility details, and even make reservations online.

Job Postings – Post available jobs online and accept online applications.

Bids – Post open bid opportunities for contractors to view available work, download supporting documentation,
receive notifications on posted opportunities and submit bid applications online.

COMMONLY USED WIDGETS
An extensive widget library is available for ease of placing dynamic and visually appealing information on specific pages. Each widget is easy to use with drag-and-drop functionality and is configurable with individual styling options.

Community Voice Widget – Encourage civic participation and engagement by adding specific discussion areas to relevant pages.

Custom HTML Widget – Embed videos or other HTML features in your page.

Editor Widget – Edit text with word processing tools, plus web tools like code view and the Accessibility Checker.

Form Center Widget – Embed simple forms on a page.

Image Widget – Add images to a page.

Notify Me Widget – Place specific Notify Me subscriptions lists on pages to allow users to sign up for the exact lists you recommend.

Related Documents Widget – Create a dynamic list of documents referenced in the Document Center.

Slideshow Widget – Add a slideshow of images.

Tabbed Widget – Organize larger pages of information in horizontal, vertical, or stacked vertical or accordion style tabs.
civicplus.com 12
Administrative Features
The administration of your Web Central website is browser based, with no installation of software needed. You’ll be able to update your website from an internet connection on any platform (Mac or PC). Administrators can control the access to pages and manipulation of content as well as use automated features to streamline processes.

Administrative Dashboard – A home base for messages and quick access to your recent activities and time-sensitive action items such as pending approvals and expiring items.

Content Scheduling & Versioning – Set your content to auto-publish and auto-expire, with an archive of all published content and previous versions.

Dynamic Page Components – Modules such as Calendar, FAQs, and News Flash, may be included as dynamic page components on any page.

History Log – Track changes made to your website.

Intranet – Use permissions to set a secure location on your website that allows employees to login and access nonpublic resources and information.

Levels of Permissions – Assign staff members to groups with different levels of permissions of access and authority throughout the CMS.

Pending Approval Items – Administrators have access to a queue of pending items to be published or reviewed.

Website Statistics – Provided website analytics for analysis.

USER-FRIENDLY FEATURES
Not only is Web Central easy for your staff to use, various administrative features help make a more attractive, engaging, and intuitive website for your community.

Automatic Alt Tags – Built-in features assist with ongoing ADA compliance of your website.

Credit Card Processing – With the add-on feature CivicPlus Pay (Pay), you can integrate with an approved payment gateway to accept payments on your website (separate agreement must be made directly between you and the chosen approved gateway provider). Additional fees apply.

Preset Styling Standards and Ongoing Styling Flexibility – Site changes automatically inherit design standards and styles that you’ve set up for your homepage, interior layouts, and simple layouts. This keeps your website looking clean and always matching. We also offer large amounts of flexibility with placement and styles on an ongoing basis.

As you edit your website, you can easily adjust the location and style of widgets, content, carousels, lists, calendars, etc. to meet the look and feel you need for that area.

Link Redirects – Instead of sending your users to http://civicplus.com/248/Awards-and-Recognition, you can send them to http://civicplus.com/awards.
civicplus.com 13
Live Edit – See where your information will be posted on a page before you make any changes with our WYSIWYG editor and drag-and-drop tools.

Maps – Easily embed maps from Google, ESRI, and more using the HTML widget.

Mega Menu – A main navigation menu makes it easy to get to any page on your website quickly.

Predictive Site Search – Our powerful site search functionality automatically indexes all content making it easy for visitors to find information across pages, documents, and images.

Integrated Search with Municode Codification – Allows you to search your municipal code when on your Web Central website. You will also be able to search your website using the Search Municipal Website option in Municode Codification (Online Code Hosting).

Site Search Log – All search words are kept in a log.

Real Simple Syndication (RSS) Feeds – Administrators and website visitors can use RSS feeds to display content or be notified of content updates.

Responsive Design – With responsive design, your website adjusts to the screen size regardless of what device is being used, providing a seamless user experience.

Social Media – Set various modules to automatically post to your Facebook and/or Twitter feeds and incorporate compatible social media feeds and widgets into your website.

Supported Browsers – View your website in the latest versions of major browsers including Microsoft Edge, Firefox, Safari, and Chrome.

Third-Party Access – Utilize iframes, embeds, and/or links to most of your third-party services. Or use our growing list of APIs to build applications right from your website.

Translation – Integration with Google Translate translates web pages into over 100 languages.

ACCESSIBILITY COMPLIANCE
With over 20% of adults in the United States having a disability, you need a website that conforms to all residents.

We provide highly compliant sites based on WCAG 2.0 A and AA guidelines, which encompass and surpass ADA accessibility requirements. This maximizes accessibility for all users while providing freedom to create a visually rich and appealing website. Our approach for each website includes the following steps to provide you a compliant and accessible website:
• We will deliver you a website that meets ADA (Section 508) and WCAG 2.0 A and AA levels. • Your staff can use the Accessibility Checker within the CMS to scan content created in the editor for any accessibility issues so you can correct them before publishing. • Our trainers will teach your staff best practices to keep your content and design elements accessible and upto-date with the latest ADA/WCAG standards. • Any new regulations that require code changes are done automatically, at least quarterly, with no additional effort required from you.
• In addition to updating the code, our product team also updates our best practices and provides regular updates to customers via our CivicPlus website, blog articles, webinars, and other publications. civicplus.com 14
AudioEye Partnership
CivicPlus also partners with AudioEye to provide a suite of accessibility tools and services at a discounted rate to our customers. Additional details and a quote can be provided upon request.

MONSIDO POWERED BY CIVICPLUS
Additional Website Optimization & Compliance Tools – Monsido is an easy-to-use web governance platform available to purchase and add to your project. Monsido’s tools help you identify, prioritize and address content quality assurance and accessibility issues on your website so that you can achieve and maintain compliance according to WCAG 2.1 standards. Further, we can help you meet the latest data privacy and government policy standards.

Additional details and a quote can be provided upon request.

INTERIOR BANNERS
A cost-effective way to bring a different look to specific pages or departments is by placing a unique banner image on those pages. Included in Nevada City’s project are four separate banners to help visually differentiate a different departments or sections of your website. Each banner can rotate through multiple photos as a slide show.

TLS 1.3 CERTIFICATE
With Platinum Security, we are able to specify the minimum TLS version as 1.3. We have provided additional details on Platinum Security in the Optional Enhancements section on page 31 of this proposal.

CivicPlus can provide the robust vulnerability management process Nevada City seeks. We have annual penetration testing performed by a third party. Based on what that third party finds, we then remediate the discovered issues.

INPUT VALIDATION
CivicPlus has custom framework in place for the entire site that encodes, and strips out unsafe characters, regardless of page or module. We have security configuration management, and perform vulnerability assessments by third party to ensure a positive security posture. Intrusion detection is primarily accomplished through monitoring of log files; log files are regularly reviewed and monitored, the frequency of which is determined by the environment, bandwidth being used and threats of critical attack. Other intrusion prevention methods exist within both CivicPlus’ hardware and Upgrade to Platinum Security – CivicPlus offers an upgraded Platinum Hosting and Security package, which comes with enterprise-level Cloudflare software and includes the following:
• Fully customized Web Application Firewall (WAF), customized for our application • OWASP ModSecurity Core Rule Set protects you against the Top 10 vulnerabilities identified by the Open Web Application Security Project (OWASP), such as SQL injection (SQLi) and cross-site scripting (XSS) attacks • User agent blocking
• Block or challenge visitors by IP address, autonomous system number (ASN) or country code • Reputation-based threat protection and collective intelligence (CI) to identify new threats civicplus.com 15
software environments; ASA routing technology with firewalls protects ports against unwanted intrusions, and the Content Management System uses stored procedures to protect against SQL injections and other common forms of hacking.

Additionally, CivicPlus employs other methods to offer protection against phishing attacks such as cross site scripting and automated spamming techniques by using hidden CAPTCHAs and other SPAM-blocking tools. In the event of any abnormalities in traffic or other suspected attacks, we will reach out to administer a questionnaire over the phone so that we can determine the scope of the threat. We will work with you on mitigation options once we have isolated the site (Networking and possibly server). We will share any information that we have regarding the attack for forensic purposes such as logs. Depending on the threat, we will implement firewall rules, block source IP’s. We have many different options at our disposal including utilizing our data soaking to fight off massive DDoS attacks. civicplus.com 16
The Civic Experience Platform
Developed specifically to enable municipalities to deliver consistently positive interactions across every department and every service, the Civic Experience Platform includes technology innovations that deliver frictionless, one-stop, and personalized resident interactions. Governments that leverage our Civic Experience Platform also benefit from:
• Single Sign-On (SSO) to all of your CivicPlus products supporting two-factor authentication and PCI Level password compatibility
• A single dashboard and toolbar for administrative access to your CivicPlus software stack • Access to a continually growing and fully documented set of APIs to better connect your administration’s processes and applications
• A centralized data store with robust data automation and integration capabilities

CIVICPLUS PORTAL
The CivicPlus Portal is the ideal addition to your website to create personalized, one-stop access for your residents to obtain information, resources, and interact with your municipality. By allowing residents to build a customizable dashboard with quick links to the pages and services on your website that they use most frequently, they’ll be more likely to conduct regular revenue-generating business with your municipality, and your staff will benefit from reduced phone calls, walk-ins, and emails.

INTEGRATION HUB
Integration Hub is a tool that can help you unify your disparate cloud-based solutions and your CivicPlus solutions, assemble powerful workflows, and setup complex automations—without the need for a developer. With Integration Hub’s easy-to-use drag-and-drop interface, non-technical users can build integrations for syncing content and data between CivicPlus solutions or with third parties (for an additional fee) saving your staff’s valuable time. The possibilities are endless with Integration Hub, but here are a few examples of integrations you can create with Web Central today:
• An integration that will take a News Flash update in a specific category and immediately post it to the Alert Center • An integration that will push a new Calendar Event to post directly in the News Flash module • Laserfiche integration for Integration Hub
civicplus.com 17
Overview of Products & Technologies
CivicPlus’ focus has been, and will always be, to help local governments work better. Our web technology is dedicated to finding the right web solutions for local government. CivicPlus continues its commitment to provide exceptional customer service and innovative solutions that help bring the best user experience to our customers. Over the years we have expanded from simply providing municipal websites for our customers, but added website design and hosting, parks and recreation management, emergency and mass communications, agenda and meeting management, 311 and citizen relationship management, process automation and digital services, codification, licensing and permits, web governance and ADA remediation, social media archiving, and FOIA management to our portfolio. The utilization of CivicPlus’ products has provided local governments with the opportunity to reach over 340 million residents with online digital services. In the upcoming months, CivicPlus will continue to push out enhancements to improve the user experience for both our customers and their online visitors.

To help future-proof our customers’ web solutions, the CivicPlus Development Team develops software using the Agile development methodology. We currently work in three-week sprints with several teams addressing new functionality and services, with additional teams and select members dedicated to software fixes and minor enhancements. Prior to any software update or rollout, all code changes go through an internal testing process which includes an alpha testing phase, a beta testing phase, and a final release candidate testing phase. Separate internal servers, isolated from our customer hosts, are used for these various stages of testing. At times we do ask for customers to beta test our release candidate on their site. This is an opt-in program, and more information can be provided upon request.

At any time during these testing phases, any member of the CivicPlus team can report an issue that needs to be addressed before rollout, essentially removing the product from the deployment schedule. At this time, the code under review will have to begin the testing phase at the beginning to ensure it completes the entire testing cycle without issue or incident.
civicplus.com 18
Implementation
Ultimate Project Timeline
Design creation, content development, professional consulting, configuration for usability and accessibility, dedicated training—CivicPlus delivers all of this and more during the development of your new website.

A typical Ultimate project ranges from 16 – 28 weeks. The following timeline is based on previous customer experience. Nevada City’s exact project timeline will be created aned delivered prior to Kickoff, and will be based on detailed project scope, project enhancements purchased, availability for meeting coordination, action item return and completion, approval dates, and other factors. Your project timeline, tasks, due dates, and communication will be managed and available in real-time via our project management software, Cloud Coach.

PHASE 1: INITIATE 2-4 Weeks • Project Kickoff Meeting
• Planning & Scheduling
PHASE 2: ANALYZE 4-6 Weeks
• Customer Deliverable Submission
• Consulting Engagement
• Design Discovery Meeting
• Content Process Meeting
• Mood Board & Layout Proposal
P H AS E 3: D E S I G N &

CONFIGURE
6-10 Weeks
• Design Concept Development
• Design Concept Meeting
• Content Development
• Online Form Conversion
• Agendas & Minutes Migration
• Website Completion
PHASE 4: OPTIMIZE 1-2 Weeks • Website Finalization
PHASE 5: EDUCATE 1-2 Weeks • Training Engagement
PHASE 6: LAUNCH 2-4 Weeks • Launch Confirmation Meeting • Website Launch
civicplus.com 19
Scope of Services

1.The selected firm’s representatives may be required to attend a public meeting during the approval process or implementation period.

Our sales representatives frequently attend public meetings to provide a demonstration or answer questions regarding our solutions during the purchasing process. During your implementation, your project manager will be available to guide you through the process and answer any questions you may have. Your project manager should be available around 9 a.m. - 5 p.m. CT, but we do allow our teams to flex according to time zone. Response time to emails and calls to project managers within implementation is one business day maximum. We’re happy to discuss the need for attendance by your project manager at a public meeting.

Your project manager will meet with you and your project team at a Project Kickoff meeting to introduce team members, detail the development process including your detailed timeline and plan, and reveal tools and resources.

You’ll have regular check-ins with your project manager to provide you ample opportunities to quickly and efficiently review your project, check deliverables, and provide feedback on the process. These meetings will occur virtually. Any on-site attendance will be for an additional cost.

A testing period (approximately one month) is provided between the completion of training and your website’s launch date. This will allow you to add, create, and make adjustments to content as well as ensure overall satisfaction with your website. Web Central is browser based, which means content changes will display and function the same way before and after launch. Your Web Central Project Team will have thirty (30) days from receipt of written notice to correct an item. (Adjustments to items outside of the RFP, proposal, and contract requirements are not considered corrections and may be subject to additional fees.) A signed acceptance form is required prior to launch.

Below we have provided detailed answers to items 1-7 as listed in the RFP’s Scope of Services section for your consideration and review.
civicplus.com 20

Please see the detailed implementation approach for details on how we will be coordinating and implementing your site. Further, CivicPlus customers are all hosted at our hosting facility designed for operating local government websites. Hosting with CivicPlus allows customers to maintain their current security preferences on all internal IT resources: no need to open any channels to outside sources for maintenance.

Please see the typical project timeline on page 18 for a standard timeline for implementation services. CivicPlus will continue to partner with Nevada City after launch with our knowledgeable Technical Support team and a dedicated customer success manager.

CivicPlus trainers know the business processes behind the work being done on the website and they help customers understand the process and steps they need to complete from start to finish. We teach users how to use the system, how to leverage it to increase department efficiencies, and how to increase citizen engagement. Further, our Online Help Center provides a place for your staff to review articles, user guides, FAQs, and get tips on best practices at any time.
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Ultimate Package Designs
You’ll meet with your art director to discuss your website vision and build your custom layout. We will then collaborate with you to create a custom design that represents your community. We will focus on including the functionality to meet your website needs, including an option for up to three advanced design components—layout or design elements that require significant time to style and implement. Working with your art director, you will identify the appropriate components to achieve or enhance the usability goals for your website.

MOOD BOARD & L AYOUT PROPOSAL
Your project team will present a custom mood board reflecting the colors and/or imagery that will set the tone for your design. A mood board is a collection of colors and/or images used to align the visual direction of the project.

This process involves conversing with your art director on the order, placement, and format of your homepage content and design elements, aimed at achieving your usability goals. Your preferences will be solidified into a homepage layout wireframe, which will provide the structural blueprint for the visual design application. Aligning project goals and design through the layout proposal ensures a timely and efficient implementation of your Web Central website. Once approved, the mood board and layout proposal will be used to guide the design concept for your website.

DESIGN EXAMPLES
The included design portfolio will provide you with an idea of the different directions we can take your creative design with the ultimate implementation package.

Gulf Shores, AL
gulfshoresal.gov
Framingham, MA
framinghamma.gov
Riverside, IL
riverside.il.us
Nevada County, CA
nevadacountyca.gov
civicplus.com 22
Approaching Your Project Implementation
Communication between you and your Web Central team
will be continuous throughout your project. Sharing input and feedback through email, virtual meetings, phone
calls, and our project management software will keep all stakeholders involved and informed. Cloud Coach offers
task management transparency with a multi-level work
breakdown structure and Gantt Chart-based project plan. • Centralized project communication and task
management tools are located in a cloud-based
project workspace
• Tasks, deliverables, and milestones are aligned to
your specific scope of work
The tools available through Cloud Coach combined with regular communication with your project manager provide you ample opportunities to quickly and efficiently review your project, check deliverables, and communicate feedback.

Phased Approach
PHASE 1: INITIATE
Project Kickoff – During this initial meeting, your project manager will perform introductions, detail deliverables needed, provide a high-level overview of the development process, and introduce tools and resources used to manage your project.

Planning & Scheduling – Your project manager will create a comprehensive project timeline based on the project scope and your specific needs.

PHASE 2: ANALYZE
Customer Deliverables – Nevada City will be responsible for submitting deliverables as outlined.

Consulting Engagement – During your consulting sessions, your consultant will meet with you to evaluate needs and make recommendations for implementation solutions. This consulting will help your organization facilitate the tough conversations that happen when you put a microscope to your current processes, solutions, and website presence.

Further, we will also guide you to set realistic timelines and tasks for implementation as well as assist you in setting goals and sustainment plans for your launch and beyond.

Design Discovery Meeting – Your project manager and art director will meet with you to discuss design preferences and establish design structure from flexible layout options. civicplus.com 23
Content Process Meeting – Meet with your project manager and web content specialist to detail our content development process.

Mood Board & Layout Proposal – A custom layout in greyscale format and recommended color palette will be created by your art director, to which you’ll have the ability to review and provide feedback and approval.

PHASE 3: DESIGN & CONFIGURE
Design Concept Development – You’ll have the chance to review a responsive, functioning design concept prototype in an actual production environment. You will have the opportunity to evaluate the presented design concept and collaborate with your project team on any feedback and then final approval.

Content Development – Our Content Development team will migrate the agreed upon number of pages of content (including their text, documents, and images) from your current website to your new, Web Central website. Content will be enhanced for usability and accessibility, and we will organize your website pages to make them easy to navigate.

Online Form Conversion – The Content Development Team will develop the number of pages (one page is equal to approximately one 8 1/2 x 11” paper) of PDF forms as online forms within our Form Center module in the quantities as scoped and agreed upon prior to kickoff. Nevada City will have the ability to develop additional forms during training or at any time after your website’s launch at no additional cost.

Agendas & Minutes Migration – The Content Development team will download, upload, and organize an agreed upon number of meetings to the Agenda Center module.

Website Completion – Nevada City will receive a completed production website featuring your approved design combined with the finished content.

PHASE 4: OPTIMIZE
Website Finalization – Both the Web Central project team and you will prepare your website for launch. During this time, you will be able to make final adjustments to the content on your production website, as well as ensure overall satisfaction with your website.

PHASE 5: EDUCATE
Training Engagement – Our goal with your training plan is to give your staff the skills and tools they need to quickly and easily keep your website current. Your trainer will deliver virtual and/or on-site training sessions for both administrators and users. These sessions will be customized to equip your staff with the knowledge and comfort level needed to prepare your website for launch and maintain it in the future. The training session will utilize your production website, so users are familiar with your specific configuration and you get real, hands-on learning opportunities.

In addition, your trainer will go into a deep-dive of the department-specific software modules such as Facilities and Activities with Parks and Recreation, Jobs with HR, and Bids with Procurement in your Advanced User Training. civicplus.com 24
Website Launch – After final confirmation, your website will be made live and available to the public.

Your Role During Implementation
To help create the strongest possible website, we will need you to:
• Gather photos and logos that will be used in the overall branding and design of your new website • Provide website statistics to be utilized in reorganizing your website content, navigation, and design (if available)
• Complete the Design Form to communicate design
preferences
• Provide technical information in the DNS form for
the set-up of your website domain name(s)
• Perform reviews and provide official approvals
throughout the project
• Update the content on your current website and
delete any pages you no longer need
• Track website updates to be completed during
your training session
• Ensure you have the most up-to-date web
browsers installed on your organization’s
computers
• Compile a list of your website users and desired
permission levels
• Reserve training location and necessary resources
(computers, conference phone, etc.)
48-Month Redesign
At CivicPlus, we understand trends change daily and we continually analyze different ways to design our websites— making it easier and more user friendly for your residents to navigate. One of our best practices to help keep up with these new trends is by adding a redesign to your project. Unlike other vendors, our redesigns aren’t just changes in the colors or some of the buttons as your staff can do that independently. With a CivicPlus recurring redesign, you can receive a completely brand-new website design and layout after every 48 months of continuous service during our partnership. During the redesign, you’ll also receive a quality control review to ensure content is as expected with the new design application (although no changes will be made to the content itself). With this new design, you’ll stay up to date with current trends and best practices, providing a welcoming yet familiar virtual hub to engage your community.

PHASE 6: LAUNCH
Website Launch Confirmation Meeting – Your Web Central project team confirms all the details that are necessary to take your website live and explain what you can expect on launch day.

Launch Assistance – Launch Assistance is the process in which our content editors assist you in updating your content as you prepare to launch your new website.
civicplus.com 25
Consulting Engagement Descriptions

ALIGN CONSULTING
Our consultants start with the philosophy that no project can be successful unless all stakeholders have a common definition of success. In this consultation, stakeholders discuss and establish goals for implementing an enterprise software solution. Stakeholders leave with an understanding of the scope and resources required for implementation and alignment on the strategic goals of the project. The most successful implementations are those in which all stakeholders—elected officials, department representatives, project team, and residents (optional)—take time to have the tough conversations up front.

With Align Consulting, your professional consultant will facilitate meaningful conversations with your team to:
• Outline the needs for all stakeholders and discuss differing perspectives for the website project • Establish collective goals for the project which address needs from applicable departments, external audiences, and staff
• Outline the scope of the project and review the tasks, activities, roles and responsibilities required to implement, launch and sustain an enterprise-wide solution

CONTENT CONSULTING
Without usable and accessible information, you will simply have a pretty website that doesn’t help you serve your constituents. Great content transforms your website into a useful tool you can utilize to effectively communicate with your community and do business with your constituents. During your Content Consulting engagement, one of our expert web consultants will help you perfect your website content to meet current usability and accessibility standards. We can do the heavy lifting—protecting your valuable time and reducing the effort needed from your team to prepare your website for launch.

With Content Consulting, we will work collaboratively with you to:
• Establish and confirm goals for your new website
• Map the approval process to be used during your website project • Explain the content migration process
• Outline website architecture, global navigation, graphic buttons, and other navigational elements • Assess current content and create an action plan to address value-added content, content to remove, content gaps, best practices, and usability and accessibility
civicplus.com 26
Continuing Services
Technical Support & Services
With technology, unlimited support is crucial. Our live technical support engineers based in North America are
ready to answer your staff members’ questions and ensure their confidence. CivicPlus’ support team is available
7 a.m. – 7 p.m. CST to assist with any questions or concerns regarding technical functionality and usage of your Web Central website.

CivicPlus Technical Support will provide a toll-free number, online chat support, as well as an online email support system for users to submit technical issues or questions.

If the customer support specialist is unable to assist with the question or issue, the three-tier escalation process will begin to report issues to our product engineering team for resolution.

Emergency technical support is available 24/7 for designated, named points-of-contact, with members of CivicPlus’ support teams available for urgent requests.

AWARD-WINNING
CivicPlus has been honored with two Gold Stevie® Awards, three Silver Stevie® Awards, and seven Bronze Stevie® Awards in the categories of Front-Line Customer Service Team of the Year – Technology Industries, Customer Service Training or Coaching Program of the Year – Technology Industries, Customer Service Department of the Year – Computer Software – Up to 1,000 Employees, Most Valuable Response by a Customer Service Team (COVID-19), Best Customer Satisfaction Strategy, and Remote Customer Service Innovation of the Year. The Stevie Awards are the world’s top honors for customer service, contact center, business development, and sales professionals.

CIVICPLUS HELP CENTER
CivicPlus customers have 24/7 access to our online Help Center where users can review articles, user guides, FAQs, and can get tips on best practices. Our Help Center is continually monitored and updated by our dedicated Knowledge Management Team to ensure we are providing the information and resources you need to optimize your solution. In addition, the Help Center provides our release notes to keep your staff informed of upcoming enhancements and maintenance.

Support at a Glance
• Technical support engineers available
7 a.m. – 7 p.m. (CST) Monday – Friday
(excluding holidays)
• Accessible via phone, email, and chat
• 4-hour response during normal hours
• 24/7 emergency technical support for
named points of contact
• Dedicated customer success manager
• Online self-service help with the CivicPlus
Help Center (civicplus.help)
civicplus.com 27

ENGAGEXCHANGE
The ENGAGEXCHANGE is an online community and the central hub of ideas, guidance, tips, advice, and more for our Web Central customers. It reflects our commitment to:

Connection – Customers can connect with their peers to ask questions, discover solutions, share ideas, and join focus groups and beta opportunities.

Direction – Customers will have the opportunity to provide targeted input on the future direction of the Web Central roadmap and will be able to submit ideas for improvements and enhancements.

CONTINUING PARTNERSHIP
We won’t disappear after your website is launched. You’ll be assigned a dedicated customer success manager. They will partner with you by providing information on best practices and how to utilize the tools of your new system to most effectively engage your residents.

MAINTENANCE
CivicPlus is proactive in identifying any potential system issues. Through regularly scheduled reviews of site logs, error messages, servers, router activity, and the internet in general, our personnel often identify and correct issues before they ever affect our customers’ web solutions. Our standard maintenance includes:
• Full backups performed daily
• Regularly scheduled upgrades including fixes and other enhancements • Testing
• Development
• Operating system patches
civicplus.com 28
Data Center
• Highly reliable data center & secure facility
• Managed network infrastructure
• On-site power backup & generators
• Multiple telecom/network providers
• Fully redundant network
• System monitoring − 24/7/365
Bandwidth
• Multiple network providers in place
• Burst bandwidth − 22 Gb/s
• Unlimited bandwidth usage for normal business operations (does not apply in the event of a cyber attack)
Hosting
• Web Central software updates
• Server management & monitoring
• Multi-tiered software architecture
• Server software updates & security patches
• Database server updates & security patches
• Antivirus management & updates
• Server-class hardware from nationally recognized provider • Redundant firewall solutions
• High performance SAN with N+2 reliability
Disaster Recovery
• Emergency after-hours support, live agent (24/7)
• On-line status monitor by Data Center
• 8-hour guaranteed recovery TIME objective (RTO)
• 24-hour guaranteed recovery POINT objective (RPO)
• Pre-emptive monitoring for disaster situations
• Multiple, geographically diverse data centers
DDoS Mitigation
• Defined DDoS Attack Process
• Identify attack source and type
• Monitor attack for threshold* engagement
DDoS Advanced
Security Coverage
• Not Included - additional coverage available at time of event (fees will apply) • Additional fees will apply
*Thresholds: Traffic exceeds 25 Mb/s sustained for 2+ hours. Traffic over 1 Gb/s at any point during attack Hosting & Security
CivicPlus protects your investment and takes hosting and security of our customers’ websites seriously. Redundant power sources and internet access ensure consistent and stable connections. You’ll find that our extensive, industryleading process and procedures for protecting and hosting your website are unparalleled. We offer secure data center facilities, constant and vigilant monitoring, and updating of your system, including 99.9% guaranteed up-time (excluding maintenance).

If you experience a DDoS attack or threat, CivicPlus has mitigation and DDoS Advanced Security options available to you at the time of an event. Whatever your needs are we have an option that will be a fit for your community. civicplus.com 29
Investment Proposal
CivicPlus can appreciate the monetary constraints facing our governments each day. To help ease these concerns and assist with budgeting and planning, our proposed project and pricing are valid for 60 days from September 8, 2023.

Features & Functionality
• Web Central CMS Tools, Widgets, & Features
• Four Interior Banner(s)
• Laserfiche Integration for Integration Hub
• Integrated search with Municode Codification
solution
Implementation
• Ultimate Package
o One Custom Website Layout Proposal
o One Custom Design Built Using Approved
Custom Layout & up to Three Advanced
Design Components
• 105 pages Content Development from URL
nevadacityca.gov
• Online Form Conversion - 12 PDF/DOC Pages to
Form Center
• Up to 600 Meetings Worth of Agendas &
Minutes PDF/DOC Migration
• Up to Two Days Virtual Align Consulting
• Up to Two Days Virtual Content Consulting
• Six Blocks of New Customer System Training
(up to three hours/block)
• Up to Four Hours Launch Assistance
Annual Recurring Services
• Hosting & Security
• One SSL Certificate
• DNS Hosting for URL nevadacityca.gov
• Software Maintenance Including Service
Patches & System Enhancements
• 24/7 Technical Support & Access to the
CivicPlus Help Center
• Dedicated Customer Success Manager
• 48-Month Ultimate Website Redesign
Nevada City’s Investment Totals
One Time Fees $26,000.00
Recurring Fees $8,500.00
Total Fees $34,500.00
Year 1 List Price $47,632.00
Year 1 Total Discount ($13,132.00)
Total Investment - Year 1
(includes one-time fees and Year 1 annual services) $34,500.00 Annual Recurring Services - Year 2 $8,500.00
civicplus.com 30
CivicPlus Project Pricing & Invoicing
CivicPlus prices on a per-project, all-inclusive basis (stated in U.S. dollars). This type of pricing structure eliminates surprise costs, the uncertainty of paying by the hour, and is overall more cost effective for our customers. It provides you with a price based on the products and features listed in this proposal that only varies if additional functionality, custom development, security, escrow requirements, or other design or project enhancements, outside of the included scope, are added prior to contract signing.

CIVICPLUS OFFERS:

Standard Invoicing
• 100% of Year 1 fees are due at contract signing
• First-year Annual Services fee is included with your Year 1 cost • Subsequent annual invoicing occurs on the anniversary of the contract signing date, and is subject to a five percent technology fee uplift each year starting Year 3 of your contract Customized Billing/Invoicing
• Other billing options can be discussed before contract signing and, if feasible, a plan developed that works for all parties
• Not available with all CivicPlus products—please reach out for more details Payment Gateway Account
• Your chosen payment gateway will collect and disburse all credit card monies • If selected, any of our partner payment gateway Vendors will conduct a rate analysis upon discovery to provide the most competitive percentage + fee per transaction rate • CivicPlus Pay integrates with several payment gateways to provide maximum flexibility to our customers’ needs We will work with you before contract signing to determine which of our billing processes will meet both your needs for budget planning and our accounting processes.
civicplus.com 31
Optional Enhancements
We are confident in the ability of our proposed project to meet the needs and requirements of the RFP set forth by Nevada City. Based on potential future conversations, the following are additional enhancements we may recommend.

Optional Items One-Time Annual
Platinum Hosting & Security N/A $4,385
SeeClickFix 311 CRM Request N/A $5,000
Ultimate Department Header Package $5,500 $1,000
civicplus.com 32
Hosting & Security
• Azure hosting
• Web application firewall
• OWASP ModSecurity core rule set
• FedRAMP, PCI, DSS, NIST, and FIPS compliant Virtual Machines and Databases • Reverse Proxy Server
• Wildcard SSL (TLS)
• Server management
• Software updates & security patches
• Antivirus management & updates
• System monitoring – 24/7/365
Disaster Recovery
• Emergency after-hours support, live agent (24/7)
• On-line status monitor by Data Center
• 2-hour guaranteed recovery TIME objective (RTO)
• 1-hour guaranteed recovery POINT objective (RPO)
• Pre-emptive monitoring for disaster situations
• Multiple, geographically diverse data centers
Performance &
Bandwidth
• Server-side Caching
• Regional Content Delivery Network
• Unlimited bandwidth
• Burst bandwidth − Azure (variable)
Insights
• Security Analytics Dashboard (shown above)
• Information on traffic, threat types mitigated, top threat countries, and number of requests received through Cloudflare
• Analytics shown in graphs and pie charts
DDoS Mitigation
• Defined DDoS Attack Process
• Identify attack source and type
• Monitor attack for threshold engagement
DDoS Advanced
Security Coverage
• Continuous DDoS mitigation coverage
• Content Distribution Network support
• Proxy server support
• Live User Detection service
Platinum Hosting & Security
CivicPlus protects your investment and takes hosting and security of our customers’ websites seriously.

Our Platinum package solution comes with enterprise-level Cloudflare software, and adds the peace of mind of comprehensive and continuous DDoS protection. From Azure’s geographically distributed regions and Cloudflare’s Content Delivery Network (CDN) to constant and vigilant monitoring and updating of your system, including 99.9% guaranteed up-time (excluding maintenance), we’ve got you covered. civicplus.com 33
SeeClickFix 311 CRM
CivicPlus offers a comprehensive and robust 311, request management, and resident engagement solution that empowers local governments to demonstrate their positive community impact, accountability, responsiveness, resulting in greater resident appreciation and trust.

Our industry-leading request management system is easily integrable with the most widely used ESRI and asset management systems to help local governments receive, respond, and report on community issues and repairs.

Our solution also allows residents to submit feedback, questions, inquiries, and requests using the most common digital communication tools they already use daily—text, email, and phone. All messages are aggregated in a single system and associated with individual resident profiles for historical reference and administrative triage, assignment, resource management, and resolution.

SeeClickFix 311 CRM empowers local leaders to:
• Leverage the communication channels residents already rely on • Eliminate communication barriers between residents and internally cross departments
• Capture all the diverse voices in your community to understand better what they want and need from their leaders
• Meet contactless government expectations by enabling residents and staff to communicate remotely and safely from home, at work, and out in the community
• Create custom internal workflows to route requests for rapid response civicplus.com 34
Ultimate Department Header Package
A Department Header Package is a cost-effective way for a department or division to informatively and graphically differentiate themselves from the look of the main website while leveraging consistent CMS administration. The Ultimate Department Header Package shares CMS login and modules with the main website. Further, it inherits the structural layout from the main website.

An Ultimate Department Header Package includes department specific:
• Site URL (if applicable)
• SSL Certificate / DNS & Hosting (if applicable)
• Site Identifier / Logo
• Global Navigation and Menus
• Banner Image(s) and/or Slideshow Image(s) (if applicable) • Graphic Links
• Widget Selection, Content, and Placement
• Custom Color Palette for the Department Header homepage and interior pages • Unique Design Styles
Examples of an Ultimate Department Header Package
The examples provided below are representative of attributes found in an Ultimate Department Header Package, but may not expressly reflect the design package of your main website.

Coppell, TX - Main Website Library Department Header
Weston, MA - Main Website Council on Aging Department Header civicplus.com 35
Modifications to Terms
Proposal as Non-Binding Document
A successful project begins with a contract that meets the needs of both parties. This proposal (including all supporting, technical, or specification documents required for submittal with the current RFP) is intended as a nonbinding document, and the contents hereof may be superseded by an agreement for services. Its purpose is to provide information on a proposed project we believe will meet your needs based on the information available. If awarded the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants, and insurance requirements as provided in the RFP before a final agreement is reached. For reference, CivicPlus’ standard Master Services Agreement and Solutions and Services Terms and Conditions can be found online at civicplus.help/ hc/en-us/p/legal-stuff. We look forward to developing a mutually beneficial contract with Nevada City.

Included below are our exceptions to items from Sections VI - IX and the Attachment A, Professional Services Agreement included with the RFP. Consider these as our reservations thereto and a starting point for negotiations of a final agreement with Nevada City.

Exceptions to Section VI - Key Dates & Selection
Process

2. Contract Commencement and Completion
Should the City select a firm in response to this RFP; a service contract will be required. While the specific conditions of the contract are dependent on the types of services proposed and negotiated fees, it is anticipated the contract will include the terms in Attachment A or the SOW. Any modifications to the terms will be determined by the City.

If the proposer has any objections or modifications to the terms, these should be highlighted in the proposal with suggested alternative language.

Section VII - Ownership and Intellectual Property

1. Strike entire paragraph.

2. Strike entire paragraph.

3. Strike entire paragraph.
civicplus.com 36

4. Strike entire paragraph.

5. - 7. Strike entire section. Please refer to Sections 7 and 10 of CivicPlus’ Master Services Agreement located at:
civicplus.help/hc/en-us/p/legal-stuff.

Section VIII - City’s Responsibilities

4. Strike entire paragraph.

CivicPlus Note: The building of the City’s instance of the services requires cooperation and responsiveness from the City.

Section IX - Miscellaneous
Strike entire section. Please refer to Section 15 of CivicPlus’ Master Services Agreement located at: civicplus.help/hc/ en-us/p/legal-stuff.

Exceptions to Attachment A - City of Nevada
Professional Software Services Agreement

3. Terms - 3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional [INSERT TYPE] consulting services necessary for the Project software services (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. [INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I.”]

3.1.2 Term. The term of this Agreement shall be from [INSERT DATE] to [INSERT DATE], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement for no more than [INSERT NUMBER] additional one-year terms.***] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. Notwithstanding the foregoing, CivicPlus will not be liable or responsible for any delay in the time or completion of the Services due to the action or inaction of the City.

3.2 Responsibilities of Consultant
civicplus.com 37

3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.

CivicPlus Note: CivicPlus provides out of the box software, City has full transparency as to what the work product will be, can offer a warranty that all work prepared will conform to proposal.

3.2.5 City’s Representative. The City hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Work or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Scope of Work or change the Consultant’s total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City’s Representative or his/her designee.

3.2.6 Consultant’s Representative. Consultant hereby designates [INSERT NAME AND TITLE], or his/her designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.8 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 subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants 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 standard of care provided for herein terms of this Agreement. 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 the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, civicplus.com 38
shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.9.1 Strike entire paragraph.

CivicPlus Note: CivicPlus has Errors and Omissions Insurance. (E) Pollution Liability:

3.2.10.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. (A) (2) Consultant shall provide immediate written notice written notice within 30 days if (1) any of the required insurance policies is terminated; 2) the limits of any of the required policies are reduced; (3) or the deductible or selfinsured retention is increased. (B) (1) Consultant shall provide immediate written notice written notice within 30 days if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or selfinsured retention is increased. (C) (1) Strike entire paragraph.
(C) (2) Consultant shall provide immediate written notice written notice within 30 days if (1) any of the required insurance policies is terminated; (2) the limits of any of the required policies are reduced; (3) or the deductible or selfinsured retention is increased.

3.2.10.6 Strike entire paragraph.

3.2.10.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) thirty (30) days prior to after the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) thirty (30) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

3.2.10.8 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement. In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Services because of production lost during suspension.

3.2.10.10 Strike entire paragraph.

3.2.12 Strike entire paragraph.
civicplus.com 40

3.2.12.1 Strike entire paragraph.

3.2.12.2 Strike entire paragraph.

3.2.12.4 Liability for Non-compliance.
(A) Strike entire paragraph.

CivicPlus Note: Due to the nature of the services, the customer also has compliance obligations, and we would like to discuss this section. Striking to reserve for discussion. (B) Strike entire paragraph.
(C) Strike entire paragraph.

3.3 Fees and Payments

3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice an annual invoice. which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all nondisputed and approved charges thereon. If the City disputes any of Consultant’s fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein.

3.3.6 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 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 “public works” and “maintenance” projects. Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. 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 officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Consultant shall comply, and shall require each subcontractor employed by Consultant to provide services pursuant to this Agreement to comply, with the requirements of Labor Code Section 1776, including without limitation the requirement to maintain certified payroll records. Consultant shall submit certified payroll records directly to the California Labor Commissioner. At all times during the course of Consultant’s work, Consultant shall remain registered with the Department of Industrial Relations and qualified to perform public work pursuant to Labor Code Section 1725.5, and Consultant shall ensure that all subcontractors employed by Consultant also remain so registered. Pursuant to Labor Code Section 1771.1(a), a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the Public Contract Code), or engage in the performance of any contract for public work, as defined in Chapter 1 of Part 7 of Division 2 of the Labor Code, unless currently registered civicplus.com 41
with the Department of Industrial Relations and qualified to perform public work pursuant to Section 1725.5. However, an unregistered contractor may submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Sections 10164 or 20103.5 of the Public Contract Code, provided that the contractor is registered to perform public work at the time the contract is awarded. This project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations.

3.5 General Provisions

3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) sixty (60) days before the effective date of such termination. Due to the electronic nature of the Services, in no event, other than material breach of this Agreement by CivicPlus, shall a refund be granted, in whole or in part, for any reason or no reason whatsoever, including but not limited to City’s cancellation of the Services prior the end of the Term, City’s failure to utilize the Services, or CivicPlus’ failure to meet any service level agreement set forth herein, unless such failure is intentional or malicious. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. Consultant may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the City, if the City materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent City account remaining past due for longer than 90 days is a material breach by City and is grounds for Consultant termination. Consultant reserves the right to withhold, remove and/or discard City Data without notice for any breach, including, without limitation, City’s non-payment. Upon termination for City’s breach, City’s right to access or use City Data immediately ceases, and Consultant shall have no obligation to maintain or forward any City Data.

3.5.1.2 Strike entire paragraph.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data.

CivicPlus hereby grants City a limited, nontransferable, nonexclusive, non-assignable license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that City is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of CivicPlus. City hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered fraud.
civicplus.com 42
All CivicPlus helpful information and user’s guides for the Services (“Documentation”) are maintained and updated electronically by CivicPlus and can be accessed through the CivicPlus “Help Center”. CivicPlus does not provide paper copies of its Documentation. City and its Users are granted a limited license to access Documentation as needed. City shall not copy, download, distribute, or make derivatives of the Documentation.

3.5.6 Strike entire section. Please refer to Section 15 of CivicPlus’ Master Services Agreement located at: civicplus. help/hc/en-us/p/legal-stuff.

3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. Notwithstanding the foregoing, CivicPlus will not be liable or responsible for any delay in the time or completion of the Services due to the action or inaction of City.

CITY OF NEVADA CITY

CITY COUNCIL STAFF REPORT
MEETING OF: December 14, 2023 Agenda Item No. 17
Subject: Consideration of Award of City Audit Request for Proposal (RFP) and Authorize the City Manager to Execute any Related Documents.

From: Stephen Erlandson, Assistant City Manager
Date: December 5, 2023
Reviewed & Approved:

City Manager: STG
City Attorney:

Recommended Action: Approve the award and authorize the City Manager to execute any related documents.

ISSUE STATEMENT AND DISCUSSION:

On August 1, 2023, in compliance with Nevada City Municipal Code Sec. 3.08.050, staff issued a Request for Proposal (RFP) for Professional Auditing Services to seek proposals for the fiscal years ended June 30, 2023, , 2024, and, 2025 with an option to extend the contract for an additional two years. Staff received one proposal in response by the September 1, 2023, submittal deadline. Due to the low response rate, staff reissued the RFP on October 9, 2023, with some modifications and actively reached out to independent accounting firms to determine if they had any interest in providing proposals. Five firms submitted formal questions through the RFP process, but ultimately only one additional firm submitted a proposal. As such, the firm received the following two proposals:
• Lance, Soll, & Lunghard, LLP
• O’Connor & Company
The proposal evaluation committee consisted of the Assistant City Manager, Accounting Technician, and a member of the City Council with professional experience in governmental operations and finance.

Criteria used to evaluate the proposals included:
• Mandatory Elements
o Independent and licensed to practice in California.
o The firm’s professional personnel have received adequate continuing professional education within the preceding two (2) years.
o The firm has no conflict of interest with regard to any other work performed by the firm for the City.
o The firm submits a copy of its most recent external quality control review report and the firm has a record of quality audit work.
• Technical Qualifications
o Expertise and experience.
o Audit approach.
o Price/Cost.

The respective annual costs proposed by the two vendors, without optional services, are summarized as follows:

Audit Firm June 30,
2023
June 30,
2024
June 30,
2025
Total
Three-Year Cost
Lance, Soll, & Lunghard, LLP 1, 2 $62,220 $53,780 $55,400 $171,400 O’Connor & Company 3 $34,000 $34,000 $34,000 $102,000
1 June 30, 2023 includes an additional $10,000 for opening balance and first-year audit procedures. 2 Cost includes Single Audit (one major program) of $5,090, $5,240, and $5,400 for June 30, 2023, 2024, and 2025 respectively if a Single Audit is required.
3 Cost includes Single Audit (one major program) of $8,000 annually for June 30, 2023, 2024, and 2025 respectively if a Single Audit is required.

The respective annual costs proposed by the two vendors, with the optional services of State Controller Report and Annual Street Report preparation, are summarized as follows:

Audit Firm June 30,
2023
June 30,
2024
June 30,
2025
Total
Three-Year Cost
Lance, Soll, & Lunghard, LLP 1 $70,230 $62,030 $63,900 $196,160 O’Connor & Company 2 $40,600 $40,600 $40,600 $121,800
1 Cost of optional preparation of State Controller’s Report and Annual Street Report is $8,010, $8,250, and $8,500 for June 30, 2023, 2024, and 2025, respectively.
2 Cost of optional preparation of State Controller’s Report and Annual Street Report is $6,600 annually for June 30, 2023, 2024, and 2025, respectively.

Based on the above criteria the evaluation committee recommends Lance, Soll, & Lunghard, LLP, for consideration based upon their overall ranking. Lance, Soll, & Lunghard, LLP is recommended as the City’s independent auditor due to their qualifications and breadth of experience in performing financial and compliance audits in the public sector. Furthermore, the evaluation committee believes that engaging a statewide firm like Lance, Soll, & Lunghard, LLP will provide for a more thorough audit of the City’s finances, result in enhanced financial reporting that will make the City eligible for the Government Finance Officers Association Excellence in Financial Reporting Award, and should increase the quality and quantity of future responses to subsequent RFPs for auditing services issued by the City. Although cost was a factor in the evaluation process, the evaluation committee and staff believe that the aforementioned reasons make Lance, Soll, & Lunghard, LLP the optimal firm to provide independent auditing services for the City.

FINANCIAL AND/OR POLICY IMPLICATIONS:

Adequate funding is currently available in the FY 2023-24 General Fund Operating Budget to cover the cost of the June 30, 2023, independent audit. Funding will be included in subsequent operating budgets to cover the entire term of the agreement.

STRATEGIC PLAN ALIGNMENT:

This action, reporting on the program, is consistent with the embedded strategic initiative of Engagement:

Community engagement and communications with stakeholders.

ENVIRONMENTAL CONSIDERATIONS:

None.

LEGAL REVIEW:

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

ATTACHMENTS:
 Request for Proposal for Professional Auditing Services  Lance, Soll, & Lunghard, LLP - Technical Proposal
 Lance, Soll, & Lunghard, LLP - Cost Proposal
City of Nevada City
Request for Proposals
For Professional Auditing Services
Issue Date: October 9, 2023
Response Due Date/Time: November 10, 2023 @ 4:00 pm
(PST)
Stephen Erlandson
Assistant City Manager
(530) 265-2496
[email protected]
City of Nevada City
317 Broad Street
Nevada City, CA 95959
City of Nevada City

REQUEST FOR PROPOSALS

PROFESSIONAL AUDITING SERVICES

TABLE OF CONTENTS
I. INTRODUCTION
A. General Information 1
B. Term of Engagement 2
II. DESCRIPTION OF THEGOVERNMENT
A. Background of the City of Nevada City 2
B. Component Units 3
C. Fund Structure 3
D. Pension Plans 3
E. Accounting and Computer Systems 3
F. Internal Audit Function 3
G. Federal Financial Assistance 3
H. Availability of Prior Audit Reports 4
III. SCOPE OF WORK TO BE PERFORMED AND STANDARDS TO BEFOLLOWED A. Scope of Work 4
B. Working Paper Retention 5
C. Irregularities and Illegal Acts 5
IV. TIMETABLE OF DELIVERABLEREPORTS
A. Audit Planning and Interim Work 5
B. Final Year-End Fieldwork 6
C. Report Due Dates 6
V. PROPOSAL REQUIREMENTS
A. Inquiries 6
B. Submission of Proposals 6
VI. EVALUATION PROCEDURES
A. Review of Proposals 11
B. Evaluation Criteria 12
C. Oral Presentations 13

CITY OF NEVADA CITY

REQUEST FOR PROPOSAL

FOR PROFESSIONAL AUDITING SERVICES
I. INTRODUCTION
A. General Information
The City of Nevada City (the “City”) is requesting proposals from qualified independent Certified Public Accounting firms to audit the financial statements of the City for the fiscal years ending June 30, 2023, 2024 and 2025, with options for extensions for the fiscal years ending June 30, 2026 and 2027, in addition to performing other financial audits and agreed upon procedures with an option of preparing State Controller’s Reports as specified below. These audits are to be performed in accordance with auditing standards generally accepted in the United States of America, the standards set forth for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and the U.S. Office of Management and Budget’s Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

There is no expressed or implied obligation for the City to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et seq.), unless exempt.

To be considered, five copies of a proposal must be received by the City Clerk’s Office at 317 Broad Street, Nevada City, CA 95959 by 4:00 P.M. on Friday, November 10, 2023. The City reserves the right to reject any or all proposals submitted.

During the evaluation process, the City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this request for proposals, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the City and the firm selected.

It is anticipated the selection of a firm will be completed in September 2023. Following the notification of the selected firm, a recommendation and proposed contract will be prepared for review and approval by the City Council at the December 13, 2023 Council Meeting.

B. Term of Engagement
A three-year contract, with two one-year extension options is expected. The extension options will be subject to review by the City Council and satisfactory negotiation of terms, including a price acceptable to both the City and the selected firm. The proposal package shall present all-inclusive audit fees for each year of the contract term.

II. DESCRIPTION OF THEGOVERNMENT
A. Background of the City of Nevada City
California's best preserved Gold Rush town, Nevada City, has a lot to offer far beyond this well-deserved distinction. Nestled in a basin on the Western Slope of the Sierra Nevada, it is framed and protected by ridgetops and promontories. At 2,500 feet above sea level, Nevada City is surrounded by forest. Deer Creek flows through and graces the center of town. Whenever you begin your descent into Nevada City, you can sense that you are approaching something good.

Steeped in history, this full-service city of over 3,000 people has seen its ups and downs.

With the diminution of gold mining and timber harvesting, plus the slice that the Golden State Freeway took out of the core of the city in the 1960s, city leaders looked to historic preservation as the path into the future. Creating its own historical district in 1968 has led to a slow but steady increase in visitors and vitality as well as designation on the National Register of Historic Places.

Today Nevada City once again has significant economic, cultural, and social substance.

It is the county seat, headquarters of the Tahoe National Forest, and the site of an eclectic and diverse group of businesses. Fine restaurants, bars, overnight accommodations, two wineries, a Railroad Museum, Firehouse Museum, the Miners Foundry Cultural Center and the Nevada Theatre are all noteworthy, alive and well.

The City’s operations are organized into six functions (general government, public safety, community development, public works, parks and recreation, and Water and Wastewater), with 47 budgeted full-time positions. Fire services are contracted with the City of Grass Valley. The accounting and financial reporting aspects of the City are centralized within the Finance and Administration program of the general government function. The Finance and Administration Department is currently headed by the Assistant City Manager and consists of a Finance Manager, Administrative Services Manager/Deputy City Clerk, Accounting Technician, Human Resources/Risk Management Technician, and Customer Service Technician, in addition to the Assistant City Manager, who is also responsible for the treasury function.

B. Component Units
The City has no component units to be audited as part of the audit of the City's financial statements.

C. Fund Structure
The City maintains a total of 39 funds, including the general fund, 4 enterprise funds, one capital projects fund and 33 special revenue funds. The City adopts an annual appropriated budget for all funds.

D. Pension Plans
The City participates in the California Public Employees’ Retirement System (“CalPERS”) for all full-time and eligible part-time employees and also participates in FICA (Social Security and Medicare). For those part-time employees not eligible for participation in CalPERS, the City contributes the full employer share for FICA (Social Security and Medicare).

E. Accounting and Computer Systems
The City utilizes MOM software as its accounting system, which is hosted at the County of Nevada. MOM modules implemented include accounts receivable, accounts payable, general ledger, utility billing, and bank reconciliation. Infrastructure assets are maintained via an Excel spreadsheet. Payroll is performed by the service organization Paychex, which is web-based. Information Technology (IT) is contracted with the County of Nevada City.

The City recently awarded a professional services agreement to Caselle, Inc. for a new financial accounting software system. It is anticipated that the new financial system conversion will be completed and fully operation by July 1, 2024.

F. Internal Audit Function
The City does not maintain an internal audit function.

G. Federal Financial Assistance
During the fiscal years to be audited, the City may receive and/or expend financial assistance from the following federal sources either directly or from a pass-through:
• U.S. Department of Housing and Urban Development
• U.S. Department of Transportation
• FEMA
The City may pursue additional grant funding as it becomes available.

H. Availability of Prior Audit Reports
The City will use its best efforts to make prior audit reports and audit letters available to proposers to aid their response to this request for proposal. Interested proposers who wish to review prior years’ audit reports and letters should contact Stephen Erlandson, Assistant City Manager, at 317 Broad Street, Nevada City, CA 95959, (949) 291-1193, [email protected].

III. SCOPE OF WORK TO BE PERFORMED AND STANDARDS TO BE

FOLLOWED
A. Scope of Work
The following is a summary of the scope of work to be performed by the selected firm for the City for the fiscal years ending June 30, 2023, 2024 and 2025, with options for the fiscal years ending June 30, 2026 and 2027:

1. The firm will perform a financial audit of all funds and financial statements of the City. The audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States. The firm will prepare and do the word processing of the City’s Comprehensive Annual Financial Report (“CAFR”) in full compliance with Governmental Accounting Standards Board (“GASB”) Statement No. 34. The City’s Finance Department will prepare the Transmittal Letter, Management’s Discussion and Analysis (“MD&A”) and Statistical Section. The City will submit the CAFR to the Government Finance Officers Association (“GFOA”) for review in their Certificate of Achievement for Excellence in Financial Reporting program.

The City has never received this award and is anticipating the CAFR to be submitted to the GFOA for the first time for the fiscal year ended June 30, 2023.

2. The firm will perform a Single Audit on the expenditures of federal awards in accordance with the Office of Management and Budget’s Uniform Guidance. The firm will render the appropriate independent auditors’ Reports on Internal Control over Financial Reporting and on Compliance and Other Matters based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards, and Report on Compliance for Each Major Program, Report on Internal Control over Compliance, and Report on the Schedule of Expenditures of Federal Awards Required by the Uniform Guidance. The separately issued Single Audit Report will include the schedule of expenditures of federal awards, footnotes, findings and questioned costs, and follow up on prior audit findings where required.

3. The firm shall perform agreed-upon procedures pertaining to the City’s GANN Limit (Appropriations Limit) in compliance with Proposition 111 Article XIII-B Section 1.5 of the California Constitution, and render a report annually to the City regarding its compliance.

4. As necessary, the firm shall issue written communications that include recommendations for improvements in internal control, accounting policies and procedures, and other significant observations that are considered to be deficiencies in internal control, significant deficiencies or material weaknesses. Such communications shall be addressed to the City Council.

5. The following items are optional:
a. Preparation of the annual Cities Financial Transactions Report for the State Controller’s Office per Government Code section 53891. b. Preparation of the Annual Street Report for the State Controller’s Office per California Streets and Highways Code Section 2151.

At any point in time during the term of engagement, the firm may be requested to perform additional agreed-upon procedures or financial audits, or alternative agreedupon procedures than the above listed items. Prior to commencement of these additional procedures, the estimated cost will be provided and shall not exceed the quoted hourly rates included in Attachment A.

The City’s Finance and Administration staff will provide normal cooperation and assistance during the audit, including preparation of confirmations, pulling and refiling of transaction supporting documents and providing reconciliations of major general ledger accounts.

A. Working Paper Retention
All working papers and reports must be retained at the auditor's expense for a minimum of seven (7) years, unless the firm is notified in writing by the City of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the City, any government agencies, or their designees. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.

B. Irregularities and Illegal Acts
Auditors shall be required to make an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which they become aware to the following parties: City Council; City Manager; City Attorney; and Assistant City Manager.

IV. TIMETABLE OF DELIVERABLEREPORTS
It is anticipated that the audit work will be performed in the following phases:

A. Audit Planning and Interim Work
Audit planning and interim work is expected to take place no later than November 2023, and in May of each subsequent year. Documentation of the City’s processes and systems of internal control, and related testing should be completed during the interim fieldwork phase. The firm will provide a Prepared By Client (“PBC”) list to the Assistant City Manager and Finance Manager no later than two weeks prior to interim fieldwork, and will provide the PBC list for the final year-end fieldwork at the close of the interim stage.

B. Final Year-End Fieldwork
It is expected that the City’s books will be closed and ready for audit by approximately September 15 of each year. The fieldwork should begin no earlier than this date, nor begin after October 15, unless mutually agreed upon.

C. Report Due Dates
The firm shall be responsible for the preparation and word processing of the CAFR and other required reports, and shall make every effort to provide a draft of the CAFR to the City before the end of final year-end fieldwork each year.

Electronic versions of the final issued reports shall be provided no later than ten business days prior to the first Council meeting in December of each year. The firm is required to print and bind hard copies of the CAFR, Single Audit Report, and the remaining deliverable reports to be delivered to the Assistant City Manager.

V. PROPOSAL REQUIREMENTS
A. Inquiries
Inquiries concerning the request for proposals and the subject of the request for proposals must be made by October 31, 2023. The City will respond by email and/or post answers regarding all questions as an addendum on the City’s website no later than November 3, 2023. Inquiries should be made to:

Stephen Erlandson, Assistant City Manager
317 Broad Street, Nevada City, CA 95959
[email protected]

CONTACT WITH PERSONNEL OF THE CITY OTHER THAN THE ABOVE

REGARDING THIS REQUEST FOR PROPOSALS MAY BE GROUNDS FOR ELIMINATION FROM THE SELECTION PROCESS.

B. Submission of Proposals
The following is required to be received by 4:00 P.M. on Friday, November 10, 2023 for a proposing firm to be considered.

1. A master copy (so marked) of a Technical Proposal, along with four (4) copies, in an envelope marked “Professional Auditing Services” that include the following:
a. Title Page – The title page shall show the proposal subject, the Firm's name, primary contact and contact information, the Firm’s California CPA License Number and Firm’s Federal Identification Number.
b. Table of Contents
c. Transmittal Letter – The transmittal letter should briefly state the proposer’s understanding of the work to be performed, the commitment to perform the work in the required time frame, and statements as to why the firm believes it is best qualified to perform the engagement. The transmittal letter should also make a statement that the firm’s offer is a firm, irrevocable offer for 90 days. d. Detailed Proposal – The detailed proposal should follow the order set forth in Section B.4. of this request for proposals.

2. The proposer shall submit an original and four (4) copies of a dollar cost bid in a separate sealed envelope marked as follows:

SEALED DOLLAR COST BID

PROPOSAL FOR CITY OF NEVADA CITY

FOR PROFESSIONAL AUDITING SERVICES

3. Proposers should send the completed proposal consisting of two separate envelopes addressed to the following:

City Clerk’s Office
City of Nevada City
317 Broad Street Nevada
City, CA 95959

4. The following are to be included in the Technical Proposal:
a. General Requirements
The purpose of the technical proposal is to demonstrate the qualifications, competence, and capacity of the firms seeking to undertake an independent audit of the City in conformity with the requirements of this request for proposals. As such, the substance of proposals will carry more weight than their form or manner of presentation. The technical proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement. It should also specify an audit approach that will meet the request for proposal requirements.

THERE SHOULD BE NO DOLLAR UNITS OR TOTAL COSTS
INCLUDED IN THE TECHNICAL PROPOSAL DOCUMENT.

While additional data may be presented, the following subjects (items b through k), must be included. They represent the criteria against which the proposal will be evaluated.
b. Independence
The firm should provide an affirmative statement that it is independent with respect to the City as defined by auditing standards generally accepted in the United States of America and the U.S. Government Accounting Office's Government Auditing Standards.

The firm should also list and describe the firm's (or proposed subcontractors') professional relationships involving the City for the past five (5) years, together with a statement explaining why such relationships do not constitute a conflict of interest relative to performing the proposed audit.

In addition, the firm shall give the City written notice of any professional relationships entered into during the period of this agreement which might affect the firm’s independence.
c. License to Practice in California
An affirmative statement should be included indicating that the firm and all assigned key professional staff are properly licensed to practice in California. d. Firm Qualifications and Experience
The proposer should state the size of the firm, the size of the firm's governmental audit staff, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff to be employed in this engagement on a full-time basis and part-time basis.

The firm is also required to submit a copy of the report on its most recent external peer review, with a statement whether that peer review included a review of specific government engagements.

The firm shall also provide information on the results of any federal or state desk reviews or field reviews of its audits during the past three (3) years. In addition, the firm shall provide information on the circumstances and status of any disciplinary action taken or pending against the firm during the past three (3) years with state regulatory bodies or professional organizations. e. Partner, Supervisory, and Staff Qualifications and Experience The firm should identify the principal supervisory and management staff, including engagement partners, managers, other supervisors and specialists, who would be assigned to the engagement and indicate whether each such person is licensed to practice as a certified public accountant in California. The firm should also provide information on the government auditing experience of each person, including information on relevant continuing professional education for the past three (3) years and membership in professional organizations relevant to the performance of this audit.

The firm should provide as much information as possible regarding the number, qualifications, experience and training, including relevant continuing professional educations, of the specific staff assigned to the engagement. The firm also should indicate how the quality of staff over the term of the agreement will be assured.

Engagement partners, managers, other supervisory staff and specialists may be changed if those personnel leave the firm, are promoted or are assigned to another office. These personnel may also be changed for other reasons with the express prior written permission of the City. However, in either case, the City retains the right to approve or reject replacements.

Other audit personnel may be changed at the discretion of the proposer provided that replacements have substantially the same or better qualifications or experience.
f. Prior Engagements with the City of Nevada City
The firm should list separately all engagements within the last five (5) years, if any, ranked on the basis of total staff hours, performed for the City by type of engagement (i.e., audit, management advisory services, other). For each engagement, indicate the scope of work, dates, engagement partners, total hours, the location of the firm's office from which the engagement was performed, and the name and telephone number of the principal client contact. g. Similar Engagements with Other Governmental Entities For the firm’s office that will be assigned responsibility for the audit, list at least five (5) of the most significant municipal engagements performed in the last five (5) years that are similar to the engagement described in this request for proposals. These engagements should be ranked on the basis of total staff hours.

Indicate the scope of work, date, engagement partners, total hours, and the name and telephone number of the principal client contact. The City reserves the right to contact any or all of the listed references regarding the audit services performed by the Proposer.

Criteria to determine similarity should include, but not limited to:
• Municipalities participating in the GFOA’s Certificate of Achievement for Excellence in Financial Reporting program
• Municipalities complying with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Single Audit)
h. Specific Audit Approach
The proposal should set forth a work plan, including an explanation of the audit methodology to be followed, to perform the services required in this request for proposals. In developing the work plan, reference should be made to such sources of information as the City’s budget and related materials, organizational charts, manuals and programs, and financial and other management information systems.

Proposers will be required to provide the following information on their audit approach in this engagement:
• Proposed segmentation
• Level of staff and number of hours to be assigned to each proposed segment
• Sample sizes and the extent to which statistical sampling is to be used • Extent of use of EDP software
• Type and extent of analytical procedures
• Approach to be taken to gain and document an understanding of the City’s internal control structure
• Approach to be taken in determining laws and regulations that will be subject to audit test work
• Approach to be taken in drawing audit samples for purposes of tests of compliance
i. Discussion of Relevant Accounting Issues
The proposal shall identify and describe recent changes in accounting principles and pronouncements and their impact on the presentation, scope, and disclosure of the City’s financial reports.
j. Identification of Anticipated Potential Audit Problems The proposal should identify and describe any anticipated potential audit problems, the firm's approach to resolving these problems, and any special assistance that will be requested from the City.
k. List of Schedules Prepared by Client
The proposal shall include a list of standard audit schedules the firm anticipates the City staff to prepare.

5. The following are to be included in the Sealed Dollar Cost Bid:
a. Total All-Inclusive Maximum Price
The sealed dollar cost bid should contain all pricing information relative to performing the services as described in this request for proposal. The total allinclusive maximum price to be bid is to contain all direct and indirect costs including all out-of-pocket direct expenses.

The City will not be responsible for expense incurred in preparing and submitting the technical proposal or the sealed cost dollar bid. Such costs should not be included in the proposal.

The first page of the sealed dollar cost bid should include the following:
• Name of Firm
• Certification that the person signing the proposal is entitled to represent the firm, empowered to submit the bid, and authorized to sign a contract with the City
• Total all-inclusive maximum price of the base contract for the term of engagement, which is also to be included in the format provided in the attachment (Appendix A) on the second page of the sealed dollar cost bid with the costs of the additional required procedures and optional items.
b. Hourly Rates of the Firm’s Employees
The second page of the sealed dollar cost bid should also include a schedule, presented in the format provided in the attachment (Appendix A), of the hourly rates of the firm’s employees for any additional work to be performed that would be included in a separate agreement.
c. Manner of Payment
Progress payments will be made on the basis of hours of work completed during the course of the engagement. Interim billing shall cover a period of not less than a calendar month. No more than 90% of the total fee may be billed prior to delivery of final audit reports and financial statements. The costs must be detailed on the invoices for the City, Single Audit, and each agreed-upon procedure report.

VI. EVALUATION PROCEDURES
A. Review of Proposals
The City will use a point formula during the review process to score proposals. Each proposal will be scored by each of the criteria described in section V.B.4. At this point, firms with an unacceptably low technical score will be eliminated from further consideration.

After the technical score for each firm has been established, the sealed dollar cost bid will be opened and additional points will be added to the technical score based on the price bid. The maximum score for price will be assigned to the firm offering the lowest total all-inclusive maximum price. Appropriate fractional scores will be assigned to other proposers.

B. Evaluation Criteria
Proposals will be evaluated using three (3) sets of criteria. Firms meeting the mandatory criteria will have their proposals evaluated and scored for both technical qualifications and price. The following represent the principal selection criteria, which will be considered during the evaluation process.

1. Mandatory Elements
• The firm is independent and licensed to practice inCalifornia. • The firm’s professional personnel have received adequate continuing professional education within the preceding two (2) years. • The firm has no conflict of interest with regard to any other work performed by the firm for the City.
• The firm submits a copy of its most recent external quality control review report and the firm has a record of quality audit work.

2. The firm adheres to the instructions in this request for proposals on preparing and submitting the proposal. Technical Qualifications (Maximum Points – 70) • Expertise and Experience (Maximum Points – 35)
o The firm’s past experience and performance on comparable government engagements.
o The quality of the firm’s professional personnel to be assigned to the engagement and the quality of the firm’s management support personnel to be available for technical consultation.
o Qualifications will also be assessed independently of the firmprovided information by verification of provided references from similar engagements.
• Audit Approach (Maximum Points – 35)
o Adequacy of proposed staffing plan for various segments of the engagement.
o Approach to gaining an understanding of the City’s internal controls.
o Approach to audit testwork.

3. Price (Maximum Points – 30)

COST WILL NOT BE THE PRIMARY FACTOR IN THE SELECTION OF A FIRM.

B. Oral Presentations
During the evaluation process, three or more firms may be requested to make an oral presentation to the City’s evaluation team. Such presentations will provide the firms with an opportunity to answer any questions that the City may have on a firm's proposal. Not all firms may be asked to make such oral presentations. Partners, managers, and supervisory staff assigned to the audit should attend the oral presentation.

It is anticipated that a selected firm will be approved by the City Council at the Council meeting on December 13, 2023, which the selected firm is expected to attend.

PREPARED BY
Lance, Soll & Lunghard, LLP
Certified Public Accountants
License Number 2584

TECHNICAL PROPOSAL
City of Nevada City
Professional Auditing Services
Date of Submission: November 10, 2023
Valid for 90 Days
Authorized by
Brandon Young, CPA, Partner
2151 River Plaza Dr., Suite 150
Sacramento, CA 95833
(916) 503-9691
City of Nevada City
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TABLE OF CONTENTS
TABLE OF CONTENTS ........................................................................................................................... 1 LETTER OF TRANSMITTAL ................................................................................................................... 3 FIRM QUALIFICATIONS AND EXPERIENCE ......................................................................................... 5 Firm History & Size ................................................................................................................................ 5 LSL Team Resources ............................................................................................................................ 5 License to Practice in California ............................................................................................................ 6 Independence ........................................................................................................................................ 6 Government Auditing Standards ........................................................................................................... 6 Desk Review / Disciplinary Action ......................................................................................................... 6 Peer Review .......................................................................................................................................... 6 PARTNER, SUPERVISORY & STAFF QUALIFICATIONS & EXPERIENCE ......................................... 9 Organizational Chart .............................................................................................................................. 9 Engagement Team Resumes .............................................................................................................. 11 SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES ................................................ 12 Current List of Municipal Clients .......................................................................................................... 12 GFOA Award Program ........................................................................................................................ 12 Single Audit Experience ...................................................................................................................... 12 SPECIFIC AUDIT APPROACH .............................................................................................................. 13 LSL’s Understanding of the Scope of Work ......................................................................................... 13 Project Management Methodology ...................................................................................................... 13 Proposed Work Plan ............................................................................................................................ 13 Proposed Segmentation ...................................................................................................................... 14 Project Timeline ................................................................................................................................... 15 Approach to Selecting Sample Sizes .................................................................................................. 16 Type And Extent Of Analytical Procedures ......................................................................................... 16 Drawing Audit Samples for Compliance .............................................................................................. 17 LSL’s Approach to Understanding the City’s Internal Control Structure .............................................. 17 Determining Laws and Regulations Subject To Audit Test Work ........................................................ 17 Discussion of Relevant Accounting Issues .......................................................................................... 18 Anticipation of Potential Audit Problems .............................................................................................. 18 Working Paper Retention and Access ................................................................................................. 18 City of Nevada City
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Irregularities and Illegal Acts ............................................................................................................... 18 CIENT REFERENCES............................................................................................................................ 19 BENEFITS OF WORKING WITH LSL ................................................................................................... 20 Accounting Today Regional Leader .................................................................................................... 20 Our Core Values .................................................................................................................................. 20 Best of Accounting Award ................................................................................................................... 21 EXHIBIT A – ENGAGEMENT TEAM RESUMES .................................................................................. 22 EXHIBIT B – CURRENT LIST OF MUNICIPAL CLIENTS .................................................................... 29 EXHIBIT C – SAMPLE PBC LISTS ....................................................................................................... 32 City of Nevada City
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LETTER OF TRANSMITTAL
November 10, 2023
Stephen Erlandson, Assistant City Manager
City of Nevada City
317 Broad Street
Nevada City, CA 95959
Dear Mr. Erlandson,
LANCE, SOLL & LUNGHARD, LLP (“LSL”, “LSL CPAs”) is pleased to present our proposal for auditing services. We value the opportunity to present our professional qualifications to the City of Nevada City (“City”, “Nevada City”) and demonstrate why our services are second to none.

We understand that the City of Nevada City is seeking a qualified firm to provide financial audit services, including related services, with a term of engagement covering the fiscal years ending June 30, 2023, 2024, and 2025, with potential to extend two (2) subsequent fiscal years through 2027. We affirm that our proposal fully aligns with all terms, conditions, and requirements stated in the City’s RFP.

Location
We are a regional firm with physical locations in Sacramento, Brea, Santa Ana, and Laguna Hills, California as well as in The Woodlands, Texas; however, LSL’s virtual footprint of our government team spans across the United States. We regularly share staff and resources across our offices, providing you with access to our entire governmental team. This approach ensures that you receive the highest level of service and expertise possible, allowing us to deliver optimal results.

Governmental Services
LSL has a well-established history of delivering outstanding financial auditing services to government entities. We provide auditing, accounting, and consulting services to more than 100 municipal clients, such as cities, counties, water and electric utilities, and special-purpose government agencies. Our team of professionals is dedicated to providing personalized experiences for each of our clients. We strive to deliver high-quality service by offering customized solutions and strategies that meet your unique needs, and we are confident that our expertise and commitment to excellence make us one of the best-qualified accounting firms for Nevada City.

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Conclusion
Brandon Young is the assigned Engagement Partner for this proposal. He is authorized to make representations on behalf of our firm and can be reached by phone at (916) 503-9691 or by email at [email protected]. Our proposal is a firm and irrevocable offer for ninety (90) calendar days following the closing date of the receipt of proposals.

We welcome the opportunity to discuss any aspect of our proposal to ensure your complete satisfaction. Please contact Brandon for any clarification or contract negotiations regarding this proposal.

Sincerely,
Brandon Young, CPA, Partner
Lance, Soll & Lunghard, LLP
2151 River Plaza Dr., Suite 150
Sacramento, CA 95833

City of Nevada City
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FIRM QUALIFICATIONS AND EXPERIENCE

FIRM HISTORY & SIZE
LSL was established in 1929 and has grown as a leader in the government sector. Our fullservice accounting firm is headquartered in Brea, California, with a dynamic team of 15 partners and 145 employees. We provide auditing, accounting, and consulting services to over 100 municipal clients, including cities, counties, water and electric utilities, and special-purpose government agencies. Our government sector services encompass a broad range of specialties, including attestation, compliance, consulting, outsourced accounting and reporting, year-end close assistance, interim staffing, strategic planning, and tax services.

LSL TEAM RESOURCES
Our governmental staff consists of three (3) Partners, two (2) Senior Managers, six (6) Managers, three (3) Supervisors, and sixteen (16) Professional Staff. Proposed team members will be available for ninety (90) days from the proposal due date. LSL will promptly notify the City of any changes in key personnel prior to award.

LSL will not be subcontracting any portion of the City’s audit. All staff assigned to the audit engagement will be employed by LSL on a full-time basis and have extensive experience providing auditing services for cities, counties, and special-purpose government agencies. LSL City of Nevada City
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collaborates with a third-party for the preparation of the SCO (State Controller's Office) reports, to ensure that reports are prepared and filed correctly and timely by experts in those reports.

LICENSE TO PRACTICE IN CALIFORNIA
We are a Limited Liability Partnership, not a wholly owned subsidiary of a parent company. LSL is a public accounting firm licensed by the State of California Department of Consumer Affairs as a Public Accounting Partnership. Additionally, we are members of the American Institute of Certified Public Accountants and the California Society of Certified Public Accountants.

All key members assigned to this engagement are licensed or are in the process of obtaining their license as Certified Public Accountants by the State of California.

INDEPENDENCE
LSL meets the independence requirements outlined in the Government Auditing Standards and has no conflicts of interest with the City. Our partners have no ownership in any other business organization that currently or will potentially provide services, supplies, materials, or equipment to the City. We annually distribute a listing of our firm's clients to all employees to ensure that any possible independence threats are properly documented and reviewed.

GOVERNMENT AUDITING STANDARDS
LSL understands its responsibilities to perform audits and issue opinions on the City’s financial statements as well as its fair presentation. Our financial audits are performed in accordance with the Generally Accepted Government Auditing Standards (GAGAS) issued by the Comptroller General of the United States, and Single Audits are performed in accordance with the requirements of the Uniform Guidance. We will also evaluate the City's internal control system and provide recommendations for growth and improvement.

DESK REVIEW / DISCIPLINARY ACTION
There have been no disciplinary actions against our organization since its inception. There have been no litigations against our firm in the past three years. Our Single Audit reports are desk reviewed either by the federal cognizant agency or the State Controller’s Office acting as the Oversight Agency. LSL has never had a report rejected by any of these agencies and is highly regarded and recognized by the staff of the State Controller’s Office for top-quality reports.

PEER REVIEW
Our firm has participated in the AICPA Peer Review Program since its inception. All our peer reviews have covered governmental engagements and have received pass ratings. Our most recent peer review, conducted by Spafford and Landry CPAs, is provided on the following pages.

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PARTNER, SUPERVISORY & STAFF QUALIFICATIONS &

EXPERIENCE

ORGANIZATIONAL CHART

Ryan Domino, CPA
Quality Assurance Partner
11 years of experience
Brandon Young, CPA
Engagement Partner
12 years of experience
Christian Townes, CPA
Senior Manager
12 years of experience
James Butera, CPA
Audit Manager
13 years of experience
Samantha Asbra
Audit Supervisor
5 years of experience
Staff
Auditor
Staff
Auditor
Staff
Auditor
Staff
Auditor
Kelly Telford, CPA
Technical Resource Partner
21 years of experience
City of Nevada City
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Brandon Young, CPA
Engagement Partner
Brandon is an expert in governmental accounting and auditing and trains our government team on the proper implementation of new GASB pronouncements, ensuring that our clients receive the highest level of service and expertise. Brandon was recently appointed to the AICPA State and Local Government Expert Panel, further
demonstrating his expertise in the field. Brandon also serves on the CalCPA Governmental Accounting and Auditing Committee, specific to the State of California, and he is responsible for numerous white papers and technical clarifications, including those for GASB 68, 75, and 87. His contributions to this committee have helped to shape the accounting and auditing practices of government organizations in California.

Ryan Domino, CPA
Quality Assurance
Partner
Ryan Domino has a strong technical focus and specializes in governmental accounting and auditing. He currently serves as a technical reviewer for the Government Finance Officers Association (GFOA) and regularly presents at our firm’s annual GASB Update and at CSMFO’s chapter meetings where he presents and trains on the latest GASB pronouncements. Ryan is an expert on Single Audit planning and execution and holds advanced certification from the AICPA. Ryan provides our clients with a competitive advantage as a member of GFOA’s Special Review Committee for the Award for Excellence in Financial Reporting and able to provide valuable insights and recommendations to help organizations achieve excellence in financial reporting.

Kelly Telford, CPA
Technical Resource
Partner
Kelly has a wealth of experience in both public accounting and local government. She has previously served as Finance Director for the City of Costa Mesa and the City of Seal Beach. She has also conducted numerous presentations focused on GASB 87 and 96 and has assisted many clients with implementing these standards. In addition to her experience with GASB standards, Kelly has a proven track record of helping agencies overcome internal control challenges, completing year-end close procedures, and serving as an outsourced Finance Director. Her practical recommendations are instrumental in helping our audit staff and clients achieve a high-quality and efficient audit while providing valuable feedback for organizational improvements.

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Other key employees who would be assigned to this engagement include Christian Townes, James Butera, and Samantha Asbra. The audit team will also consist of an additional 3-4 staff auditors for audit fieldwork.

ENGAGEMENT TEAM RESUMES
Team resumes are available in Exhibit A, which detail the position of each team member in the firm, their educational background, and their years and types of experience. The resumes also provide information on any continuing education courses taken by the team members over the past three years.

Staff Continuity
To ensure the quality of staffing, we have firm policies in place that prioritize maintaining continuity of engagement teams, except in instances where an employee has left the firm or has been promoted. In the event of any changes in staffing at the Manager position and above, LSL will first seek the City's expressed written permission.

Quality of Staff Assurance
LSL is committed to providing the City with a stable and experienced team that is dedicated to delivering a high-quality audit and exceptional service. We understand the importance of maintaining a strong and reliable team throughout the engagement, and we will work closely with the City to ensure that any staffing changes are handled with minimal disruption to the continuity of the engagement.

Continuing Education
At LSL, we place a strong emphasis on professional development and continuing education to ensure that our team members are up to date on the latest developments in governmental accounting and auditing. As a firm policy, all LSL government staff are required to complete a minimum of 40 hours of continuing education every year, with at least 24 hours in governmental accounting and auditing in a two-year period.

Our educational programs are designed to provide our team members with the knowledge and skills necessary to deliver high-quality services to our clients. We offer a variety of training opportunities, including those provided by CalCPA, AICPA, Government Audit Quality Center, and GFOA.

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SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES

CURRENT LIST OF MUNICIPAL CLIENTS
A current list of municipal clients can be found in Exhibit B, listing some of LSL’s most significant engagements performed within the last five (5) years that are similar to the engagement described in this request for proposal.

GFOA AWARD PROGRAM
LSL understands the significance of obtaining and maintaining the Certificate of Excellence in Financial Reporting from the GFOA. We have prepared financial statements and footnote disclosures for many of our local government clients who have received this award. Our governmental partners, managers, and seniors are closely involved in the preparation of these reports. Clients currently receiving the GFOA award are also noted in our list of municipal clients.

SINGLE AUDIT EXPERIENCE
Our firm has extensive experience in performing Single Audits for local government agencies under the requirements of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, Audit Requirements of Federal Awards (Uniform Guidance), and the United States Office of Management and Budget (OMB).

Exhibit B also includes a list of government audit clients for which a Single Audit has been performed in the last fiscal year. Additionally, the table below highlights recent examples of federal programs audited by LSL.

Federal Granting Agency AL # Name of Program
U.S. Department of Agriculture 10.557 Special Supplemental Nutrition Program for Women, Infant, and Children U.S. Department of Housing & Urban Development 14.195 Section 8 Housing Assistance Payment Program U.S. Department of Housing & Urban Development 14.218 Community Development Block Grants/Entitlement Grants U.S. Department of Housing & Urban Development 14.228 Community Development Block Grants/State's program and Non-Entitlement Grants in Hawaii
U.S. Department of Housing & Urban Development 14.239 HOME Investment Partnerships Program U.S. Department of Housing & Urban Development 14.856 Lower Income Housing Assistance Program Section 8 Moderate Rehabilitation U.S. Department of Housing & Urban Development 14.871 Section 8 Housing Choice Vouchers U.S. Department of Transportation 20.106 Airport Improvement Program U.S. Department of Transportation 20.205 Highway Planning and Construction U.S. Department of Transportation 20.507 Federal Transit Formula Grants U.S. Department of Treasury 21.019 Coronavirus Relief Fund (CRF) U.S. Department of Treasury 21.027 Coronavirus State and Local Fiscal Recovery Funds (SLFRF) U.S. Environmental Protection Agency 66.458 Capitalization Grants for Clean Water State Revolving Funds U.S. Department of Health and Human Services 93.563 Child Support Enforcement U.S. Department of Health and Human Services 93.667 Social Services Block Grant U.S. Department of Health and Human Services 93.676 Unaccompanied Alien Children Program U.S. Department of Health and Human Services 93.778 Medical Assistant Program - Medicaid Cluster U.S. Department of Homeland Security 97.036 Disaster Grants- Public Assistance (Presidentially Declared Disasters) U.S. Department of Homeland Security 97.067 Homeland Security Grant Program City of Nevada City
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SPECIFIC AUDIT APPROACH
LSL’S UNDERSTANDING OF THE SCOPE OF WORK
LSL understands that the City is seeking a qualified firm to perform the City’s financial audit and related services, consisting of the following financial and compliance reports:

1. Annual Comprehensive Financial Report (ACFR) and related reports

2. Single Audit, if applicable

3. AUP GANN Appropriations Limit

4. Optional:
 Annual Cities’ Financial Transactions Report to the State Controller  Annual Street Report to the State Controller

PROJECT MANAGEMENT METHODOLOGY
The LSL team holds itself to a high standard for timely delivery and effective communication of key milestones. We recognize the importance of being responsive and communicative with our clients, and we are committed to being available on a day-to-day basis to address any questions or concerns that may arise throughout the engagement. Areas of concern and potential findings will be communicated to the City as soon as they are discovered to mitigate any surprises throughout the audit.

At the beginning of the engagement, we will hold a planning meeting with you to determine the timeline, expectations, and desired outcome of the agreement on the issuance of financial statements. Throughout the process, we will have periodic meetings with you to provide updates and discuss progress. Upon award of contract and per the City’s requested timeline, LSL will work closely with the City to develop an audit plan and timeline each March to ensure compliance and timely deliverables.

As part of the Scope of Work and time requirements, we assume that the City will provide all necessary information needed to complete the financial statement and single audits.

LSL also acknowledges under the time requirements that the City will have closed its books by the first week of September and will present LSL with general ledger balances that are auditable prior to the start of fieldwork.

PROPOSED WORK PLAN
At LSL, we use a governmental audit program that will be tailored to the City’s operations to accommodate its specific circumstance and organizational structure. LSL’s audit programs are organized by financial statement category, which we believe is the most effective and efficient approach to substantially reduce the risk of omitting important procedures.

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Our approach is designed to increase audit efficiency by linking financial statement assertions, audit objectives, and procedures that are basic to most governmental audit engagements.

Proposed Segmentation
Our audit services will be divided into the three succeeding segments, which are detailed on the following pages.
 Segment 1 – Planning and Obtaining an Understanding
 Segment 2 – Financial Audit Testing
 Segment 3 – Conclusion
Segment 1 – Planning and Obtaining an Understanding
LSL will provide an annual audit communication letter, engagement letter, and Government Audit Quality Center Information letter. The audit communication letter is to be provided to the City Council and/or Board of Directors and can be communicated orally to those charged with governance, if requested, where we will discuss planning stages, responsibilities of the City Council and/or Board of Directors, Auditors, and Management, and provide an opportunity to communicate with us as the auditors.

An entrance conference will be scheduled prior to the agreed-upon week of interim testing to ensure that the transition to new auditors is as seamless as possible. Discussions in this meeting include, but are not limited to, an understanding of reports and key milestones for deliverables, prior audit reportable conditions and issues, and “Prepared by Client” (PBC) schedules. Sample PBC lists are provided in Exhibit C.

A trial balance is requested for our planning meeting to assist the LSL team in obtaining knowledge of economic conditions, industry elements, and new standards that may affect the City. We will compile a list of PBC items based on our review of the prior year's financial statements and the gathered information that will be provided to the City one month prior to testing or earlier if requested. We operate on a paperless software system and provide a secured cloud-based portal for all clients. The City will have a separate folder that can be customized to organize, and upload requested schedules, support documents, etc.

After interim testing, we will hold an exit meeting to discuss potential weaknesses, if any, and provide feedback for improvements or valuable information gathered from any outside clientele that would benefit the City.

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Segment 2 – Financial Audit Testing
Based on the information gathered thus far, we will utilize a customized audit program based on the risk assessment developed during our assessment of the City’s internal controls and Government Auditing Standards. The primary benefit of a tailored program is a focused set of procedures to address relevant areas. We believe that this approach is both effective and efficient and is critical to compliance with other material laws and regulations.

We will annually compile another customized PBC list for the year-end testing provided at least one month prior or earlier if requested. We will request trial balances from the City for our analytical review to be provided one week before testing is scheduled to commence. Year-end testing will include testing of the balance sheet, revenue and expenditures accounts, confirmation of selected balances, analytical procedures, evaluation of the internal controls, and preparation of reports and letters.

Segment 3 – Conclusion
Based on our year-end exit meeting we will discuss a plan to finalize the financial statements according to the timetable of the City. We will schedule dates for the initial and final drafts including time for LSL’s and the City’s review and approval of the financial statements. This period will also account for review by the engagement partner and quality assurance partner.

After the review and receipt of the signed Representation Letter from the City, LSL will provide a final report.

PROJECT TIMELINE
Due to the late timing of the City’s RFP, the audit timeline for the Fiscal Year ending 2023 will be discussed and mutually agreed upon by LSL and the City prior to award of contract.

The LSL team will proactively identify and communicate any pending information from the City that could hinder our ability to complete the objectives of the engagement in a timely manner and according to the project timeline on the following page.

Furthermore, a more detailed audit plan will be discussed with the City for effective implementation moving forward. A preliminary timeline for the 2024 audit based on our understanding of the City’s unique situation is provided on the following page, and it is dependent on the timing of completion of the 2023 audit as mentioned above.

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APPROACH TO SELECTING SAMPLE SIZES
For tests of controls, we use audit sampling. Tests of controls are procedures directed towards determining the effectiveness of the design or operation of an internal structure policy or procedures. Audit sampling is typically used for tests of controls and compliance that involve the inspection of documents and reports indicating the performance of the applicable policy or procedures and compliance with the applicable laws and regulations. Sample sizes vary based on the population and risk-based calculations.

TYPE AND EXTENT OF ANALYTICAL PROCEDURES
For the audits of the financial statements, we will use analytical procedures as an overall review of the financial information in the preliminary and final stages of the audits. These procedures are designed to assist us in planning our audits and in assessing the propriety of the conclusions reached and evaluating the overall financial statement presentation.

Segment 2
Year-end Testing will
begin in October or
earlier, if available.

Exit Conference will be
held on the last day of
fieldwork.

Entrance Conference
will be held before
interim begins.

Segment 1
Interim Testing will
begin in June or earlier,
if available.

November
Segment 3
Draft Audit Letters,
and Other Reports
will be provided to the
City in November.

LSL will provide the
Draft ACFR to the City
by mid-November.

Final Reports and
Approval will be
delivered no later than
December 15th.

Delivery of Financial
Statements and
Presentation of
Financials - LSL will be
available as requested
to present the results of
the financial audit.

December September/
October June
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The procedures to be utilized consist of determining expectations for changes to significant revenue, expenditure, and balance sheet accounts, reading the financial statements and related notes, reviewing the budget and related material, and focusing on overall relationships within the financial statements.

Once determined, these are reviewed to evaluate if the changes appear reasonable or require further analysis. For all significant differences, explanations are obtained as to why the situation occurred and additional substantive procedures may be applied, and related evidence is gathered to resolve concerns and questions.

DRAWING AUDIT SAMPLES FOR COMPLIANCE
The sampling procedures test the operating effectiveness of an internal control structure policy or procedure by determining how the policy or procedure was applied, the consistency with which it was applied during the audit period, and by whom it was applied. We will draw samples for disbursements, receipts, and payroll when applicable. Each document selected will be tested for various attributes that are designed to verify compliance with different aspects of internal controls and applicable laws and regulations. Additionally, each sample item will be tested for coding to the proper accounts and posting to the general ledger.

LSL’S APPROACH TO UNDERSTANDING THE CITY’S INTERNAL CONTROL STRUCTURE LSL will perform procedures as required by SAS 122-125 to obtain an understanding of the City and its environment along with assessing the risks of material misstatements in order to gain insight into the internal control structure over the financial statements. Our review will encompass various areas such as financial reporting, cash, revenues and receivables, utility billing, expenses, accounts payable, payroll, capital assets, long-term debt, and grant reporting.

We will issue a management letter (SAS 115 Letter) that identifies any significant deficiencies and/or material weaknesses found as required by the Government Auditing Standards.

Throughout the year, LSL will conduct interviews with the management of finance and responsible parties of each audit section to understand the processes and controls through observation and discussions. We will also perform sampling transactions as part of a “walkthrough” process to verify that the system of control is functioning as per the policies and procedures.

DETERMINING LAWS AND REGULATIONS SUBJECT TO AUDIT TEST WORK The Laws and Regulations that will be subject to audit test work are determined by the applicable laws, regulations, contracts, and grant agreements which we identify through the understanding we obtain of the City and our extensive experience with other governmental entities.

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DISCUSSION OF RELEVANT ACCOUNTING ISSUES
LSL regularly leads seminars and training courses on introductory governmental accounting, preliminary views on financial reporting, internal control risk assessments, and all GASB updates and best practices, which are made available to our clients for additional information and continued support. These will be opportunities made available through our firm to the City for training or continuing professional education credits on current issues or governmental auditing and accounting in general.

Additionally, the LSL team assigned to this engagement will clearly communicate any governmental accounting changes that impact the presentation, scope, or disclosure of the City’s financial reports.

ANTICIPATION OF POTENTIAL AUDIT PROBLEMS
Outside of the complexities that arise with the implementation of GASB pronouncements, LSL does not anticipate any audit problems or conflicts in the performance of the services requested in this RFP. Our approach is to partner with our clients to provide information, training, and the resources necessary to successfully implement any new changes in accounting principles.

Under the Scope of Work, LSL assumes that the City will provide all necessary information to complete the financial statement and single audits. LSL will identify and communicate any pending information from the City that may hinder the engagement's objectives and timely completion. Additionally, LSL assumes that the City will have closed its books and present auditable general ledger balances.

WORKING PAPER RETENTION AND ACCESS
All working papers and reports will be retained at LSL’s expense for a minimum of seven (7) years unless otherwise notified in writing by the City of the need to extend that retention period.

Upon written request, we will make working papers available to parties designated by the City.

Furthermore, we will respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance.

IRREGULARITIES AND ILLEGAL ACTS
LSL is committed to making an immediate, written report of all irregularities and illegal acts or indications of illegal acts of which we become aware to the following parties of Nevada City:
 City Council
 City Manager
 City Attorney
 Assistant City Manager.

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CIENT REFERENCES
The following references highlight our experience in providing professional auditing services to other governmental organizations with similar size and scope as Nevada City. We invite you to contact them to gain insight into our working relationships and quality of service.

City of Dixon
Contact Kate Zawadzki, Director of Finance
Email Address [email protected]
Address 600 East A Street
Dixon, CA 95620
Telephone (707) 678-7000 Ext 1109
Dates of Service 2015 – present
Scope of Work Audit of the City’s ACFR, which receives the GFOA award; Single Audit; performance of agreed-upon procedures over the City’s GANN limit; performance of special purpose audits specific to Transit Fund and Fire Protection District
City of Galt
Contact Matthew Boring, Director of Finance
Email Address [email protected]
Address 380 Civic Drive
Galt, CA 95632
Telephone (209) 366-7150
Dates of Service 2018 – present
Scope of Work Audit of the City’s ACFR, which receives the GFOA award; Single Audit; performance of agreed-upon procedures over the City’s GANN limit; performance of compliance audit over AB 3773 City of Citrus Heights
Contact Alberto Preciado, Accounting Manager
Email Address [email protected]
Address 6360 Fountain Square Dr
Citrus Heights, CA
Telephone (916) 727-4776
Dates of Service 2019 – present
Scope of Work Audit of the City’s ACFR, which receives the GFOA award; Single Audit; performance of agreed-upon procedures over the City’s GANN limit; and audit of City 401(a) plan
City of Nevada City
RFP for Professional Auditing Services
20 www.lslcpas.com | 20

BENEFITS OF WORKING WITH LSL
LSL is a multi-location firm with formidable resources that provides a personal feel and handson client experience.

ACCOUNTING TODAY REGIONAL LEADER
LSL CPAs has been recognized as an Accounting Today Regional Leader in 2023. The list ranks the top CPA firms that have shown exceptional growth, embraced technology, and who ‘think outside the box’ when providing solutions.

OUR CORE VALUES
As we continue to grow and evolve, we recognize our core values needed to grow and change with us. Our values weren’t decided on by management and handed down, every member of the LSL team worked together to share what values matter most to us. From there, we came up with the following five core values that embody how we approach each other, our work, and our clients.

City of Nevada City
RFP for Professional Auditing Services
21 www.lslcpas.com | 21

BEST OF ACCOUNTING AWARD
LSL CPAs delivers high-quality service and has consistently secured the ClearlyRated Best of Accounting award. This exclusive program awards accounting firms who demonstrate high-level service of excellence within the accounting industry and solely leverages statistically validated survey responses from our clients.

City of Nevada City
RFP for Professional Auditing Services
22 www.lslcpas.com | 22
EXHIBIT A – ENGAGEMENT TEAM RESUMES
Brandon Young, CPA

ENGAGEMENT PARTNER

ACHIEVEMENTS
Brandon is an expert in Governmental Accounting and Auditing, with over 12 years of experience serving a wide range of clients. He was recently appointed to serve on the prestigious AICPA State and Local Government Expert Panel, with the term beginning in May of 2023, and also has served on the CalCPA Governmental Accounting and Auditing Committee since 2018.

CONTINUING EDUCATION
125 total hours over the last three years, 74 of which were in governmental accounting and auditing subjects. Brandon meets the requirements of governmental CPE Government Auditing Standards.

EXPERIENCE
Brandon has performed all phases of governmental audits with numerous presentations to City Councils, Board of Supervisors, Board of Directors, and Audit Committees over the past twelve years. He routinely presents at CSMFO, local chapter meetings and CalSACA on current accounting and auditing material. He also regularly teaches current audit and accounting-related material at LSL training seminars, webinars, and client education workshops and training events.

His work has entailed:
 The preparation of the ACFR for entities involved in CSMFO and GFOA in the U.S.
 Audit review and technical assistance throughout the year to deliver the most up-to-date information with current GASB pronouncements
 Presentation of audit results to Audit Committees or others charged with governance
 Risk assessment and evaluation of internal controls with COSO and Federal Green Book
 Single Audits in accordance with new Uniform Guidance

MEMBERSHIPS
AICPA, AICPA SLG Expert Panel CalCPA, CalCPA State GAA,

CSMFO, GFOA

EDUCATION
Bachelor of Arts Degree in Accounting, Magna Cum Laude – Vanguard University

LICENSE
Certified Public Accountant
California

ENGAGEMENTS
City of Chula Vista
City of Citrus Heights
City of Coronado
City of Dinuba
City of Dixon
City of Emeryville
City of Galt
City of Lathrop
City of Live Oak
City of Livingston
City of Menlo Park
City of Newark
City of Pasadena
City of Pleasanton
City of Riverside
City of Roseville
City of Santa Monica
City of Shafter
Coachella Valley Water District
County of Sutter
County of Yolo
Covered California
East Bay Municipal Utility District
GDPUD
Inland Empire Utilities Agency
Monterey Peninsula Airport District
Orange County Water District
San Joaquin Council of Gov.

Santa Clarita Valley Water Agency
Three Valleys Municipal Water Dist.

Union Sanitary District
Ryan Domino, CPA

QUALITY ASSURANCE PARTNER

ACHIEVEMENTS
Ryan currently serves as a technical reviewer for the Government Finance Officers Association (GFOA) and has been a presenter at CSMFO’s chapter meetings. He has been involved with teaching current audit and accounting-related material at LSL’s in-house training seminars, and annual GASB Update.

CONTINUING EDUCATION
231 total hours over the last three years, 204 of which were in governmental accounting and auditing subjects. Ryan meets the requirements of governmental CPE Government Auditing Standards.

EXPERIENCE
Ryan has over 11 years of experience in governmental auditing including financial statement audits, preparation of Annual Comprehensive Financial Reports, Housing Successor compliance audits, TDA compliance audits, Single Audits, Federal Student Financial Aid audits, and various consulting and agreed-upon procedures projects.

Ryan is one of the firm’s leaders in ensuring audit quality control and Government Practice training for staff. He is a regular presenter at the firm’s annual GASB Update where he has presented training to our clients on the latest GASB pronouncements and has been a presenter for CSMFO’s chapter meetings.

Some of his presentations have covered:
 General auditing in accordance with GAGAS
 Accounting for capital assets
 GASB Statement Nos. 89, 90, 91, and 94

MEMBERSHIPS
AICPA, CalCPA, CSMFO, GFOA

EDUCATION
Bachelor of Arts Degree in Business Administration with an emphasis in Accounting – California State University, Fullerton

LICENSES &

CERTIFICATIONS
Certified Public Accountant:

California
Texas
AICPA Advanced Single
Audit Certification

AUDIT ENGAGEMENTS
City of Agoura Hills, CA
City of Carlsbad, CA
City of Cathedral City, CA
City of Chula Vista, CA
City of Fullerton, CA
City of Indio, CA
City of Lompoc, CA
City of Moorpark, CA
City of Orange, CA
City of Pleasanton, CA
City of Rialto, CA
City of Riverside, CA
City of San Clemente, CA
City of San Juan Capistrano, CA
City of Santa Monica, CA
Eastern Municipal Water District
Jurupa Community Services District
Orange County Fire Authority
Orange County Water District
Orchard Dale Water District
Rainbow Municipal Water District
San Bernardino Muni. Water Dept.

Three Valleys Muni. Water Dist.

United Water Conservation Dist.

Yorba Linda Water Dist.

OTHER ENGAGEMENTS
California Dept. of Healthcare Svcs.

City of American Canyon, CA
City of Marfa, TX
Kelly A. Telford, CPA

TECHNICAL RESOURCE PARTNER

ACHIEVEMENTS
Kelly has developed her expertise in accounting and auditing, financial forecasting, budget development, public utilities, investment management, grant management, human resources, and information technology. She has taught classes for GFOA and has presented at annual conferences for CSMFO and GFOA. She is a respected leader in public finance and is known for being a change agent and thought leader in organizational strategy.

CONTINUING EDUCATION
130 total hours over the last three years, 104 of which were in governmental accounting and auditing subjects. Kelly meets the requirements of governmental CPE Government Auditing Standards.

EXPERIENCE
Kelly has over 20 years of experience working both in and with government agencies including counties, cities, successor agencies, special districts, and Native American tribes and tribal casinos. She served as a Director of Finance/City Treasurer for the cities of Seal Beach and Costa Mesa and has served as the Director of Financial Management for the Los Angeles County Community Development Agency. She has also been an auditor and consultant for 14 years specializing in the audits of government agencies.

Her work has entailed:
 Implementation of month-end and year-end close procedures, and preparation of the ACFR submissions for the GFOA award  Implementation of new ERP systems, including PeopleSoft, Incode and QuickBooks.
 Audit review and technical assistance to deliver the most up-todate information with current GASB pronouncements  Presentations to City Councils, Board of Supervisors, Boards of Directors, and Audit Committees
 Technical reviewer for the Government Finance Officers Association (GFOA) Certificate of Excellence in Financial Reporting and the Distinguished Budget Presentation Award Program
 Serves on the CSMFO Professional Standards Committee

MEMBERSHIPS
AICPA, CalCPA, CSMFO, GFOA, TML (Texas Municipal League), GFOA-T (GFOA of Texas)

EDUCATION
Bachelor of Arts, Accounting – California State University, Fullerton

LICENSE
Certified Public Accountant:

California
Texas

CONSULTING

ENGAGEMENTS
City of Manteca, CA
City of Marfa, TX
City of Moses Lake, WA
City of Rancho Cucamonga, CA
City of Redondo Beach, CA
City of Tustin, CA
City of Winters, CA
County of Hidalgo, TX
County of San Bernardino, CA
Georgetown Divide Public Utilities
District, CA
Pomona Valley Transportation
Authority, CA
Puente Hills Habitat Preservation
Authority, CA
Yolo County Public Agency Risk
Management Insurance Auth., CA

AUDIT ENGAGEMENTS
City of Barstow
City of Downey
City of Inglewood
City of Irwindale
City of Lake Elsinore
City of Manhattan Beach
City of Palm Desert
City of Redondo Beach
City of Shafter
Mesa Water District
Ontario International Airport Auth.

Christian Townes, CPA

SENIOR MANAGER

ACHIEVEMENTS
Christian oversees audit engagements and completes technical reviews of financial statements. She brings with her extensive knowledge, with over 12 years of experience and application of GAAP, Auditing Standards (GAS & GAAS), and the principles of internal accounting controls as it relates to client-specific matters.

CONTINUING EDUCATION
142.7 total hours over the last three years, 127.2 of which were in governmental accounting and auditing subjects. Christian meets the requirements of governmental CPE Government Auditing Standards.

EXPERIENCE
She has performed all phases of our government audits, including special districts, ACFR audits, and Single Audits.

Her work has entailed:
 Assisting in the preparation of the Annual Comprehensive Financial Report
 Performing analytical and substantive audit procedures on account balances
 Planning the nature, timing, and extent of procedures involved in the audit process audits in accordance with the provisions of Government Auditing Standards and the provisions of the Single Audit Act and the Uniform Guidance
 Assisting clients with the preparation and review of GASB 68, 75, and 84 journal entries

MEMBERSHIPS

AICPA, GFOA

EDUCATION
Bachelor of Science in Accounting with a minor in Economics – The College at Brockport, State University of New York
A.S. in Business Administration – Genesee Community College

LICENSE
Certified Public Accountant
New York

ENGAGEMENTS
Bay Area Clean Water Agencies
City of Citrus Heights
City of Diamond Bar
City of Dixon
City of Escalon, TDA
City of Fullerton
City of Galt
City of Lathrop, TDA
City of Lodi, TDA
City of Orange
City of Ripon, TDA
City of San Clemente
City of Shafter
City of Stockton, TDA
City of Tracy, TDA
City of Vacaville
City of Vallejo
City of Woodland
DSRSD-EBMUD Recycled Water
Authority
East Bay Municipal Utility District
Freeport Regional Water Project
Monterey One Water
San Joaquin COG
San Joaquin Rail Commission, TDA
San Joaquin Transit District, TDA
San Joaquin County, TDA
Santa Clarita Valley Water Agency
Sutter County
Union Sanitary District
Upper Mokelumne River Watershed
Authority
James Butera, CPA

AUDIT MANAGER

ACHIEVEMENTS
James was previously a Director of Finance at a regional municipality in New York. He brings his experience in financial audits, Single Audits, ACFR, and financial statement preparation, plus in-depth knowledge of GASB implementation consulting, bookkeeping consulting, and Controller consulting services.

CONTINUING EDUCATION
133 total hours over the last three years, 110 of which were in governmental accounting and auditing subjects. James meets the requirements of governmental CPE Government Auditing Standards.

EXPERIENCE
James has performed all phases of our government audits, including cities, counties, and special districts for their ACFR and Single Audits.

His work has entailed:
 Assisting in the preparation of the Annual Comprehensive Financial Report
 Performing analytical and substantive audit procedures on account balances
 Planning the nature, timing, and extent of procedures involved in the audit process audits in accordance with the provisions of Government Auditing Standards and the provisions of the Single Audit Act and the Uniform Guidance
 Assisting clients with the preparation and review of GASB 68, 75, and 84 journal entries
 Review of capital assets, debt service, and federal and state award schedules

MEMBERSHIPS
CalCPA, GFOA

EDUCATION
Bachelor of Science & MBA in Accounting –
St. John Fisher University

LICENSE
Certified Public Accountant –
New York

ENGAGEMENTS
Chino Hills Community
Foundation
City of American Canyon
City of Batavia, NY
City of Chino Hills
City of Chula Vista
City of Geneva, NY
City of Livingston
City of Newark
City of Palm Desert
City of Pleasanton
City of Rialto
City of Rochester, NY
City of Rosemead
County of Genesee, NY
County of Sutter
County of Yolo
Jamestown Board of Public
Utilities
Rochester City School District
Samantha Asbra, MSA

AUDIT SUPERVISOR

ACHIEVEMENTS
AICPA Intermediate Single Audit Certificate

CONTINUING EDUCATION
Total hours were 150 over the last three years, 100 of which were in governmental accounting and auditing subjects. Samantha has met the Governmental Auditing Standards requirement for governmental CPE.

EXPERIENCE
During her time with the firm, Samantha has progressed in an outstanding manner. She has performed all phases of our government audits, including water districts, other special districts, ACFR audits, successor agency audits and Single Audits.

Her work has entailed:
 Assisting in the preparation of the Annual Comprehensive Financial Report (ACFR)
 Performing analytical and substantive audit procedures on account balances
 Planning the nature, timing and extent of procedures involved in the audit process
 Assisting clients with the preparation and review of GASB 68, 75, and 84 journal entries
 Review of capital asset, debt service, federal and state award schedules

EDUCATION
Master of Science Degree in Accountancy – Saint Mary’s College of California
Bachelor of Science in Business Administration, Accounting – Drexel University

ENGAGEMENTS
City of Dixon
City of Livingston
City of Lodi
City of Menlo Park
City of Newark
City of Pleasanton
City of Roseville
City of Vacaville
City of Vallejo
City of Woodland
County of Sutter
County of Yolo
Covered California
Georgetown Divide Public Utility Dist.

Monterey One Water
Monterey Peninsula Airport District
San Joaquin Council of Governments
Union Sanitary District
City of Nevada City
RFP for Professional Auditing Services
29 www.lslcpas.com | 29
EXHIBIT B – CURRENT LIST OF MUNICIPAL CLIENTS
olum Client Contact Person Services Years Phone
Agoura Hills Ms. C. Pinuelas, Finance Manager F 8 818-597-7319 * Barstow Ms. H. Riley, Admin Services Manager F, S 3 760-255-5115 * Big Bear Lake Ms. K. Ent, Director of Government Services F, S 25 909-866-5831 Burbank Ms. C. L Giraldo, Financial Services Director I 12 818-238-5487 Canyon Lake Mr. C. Mann, City Manager F 28 909-244-2955 * Carlsbad Mr. Z. Korach, Finance Director F, S 2 442-339-2127 * Cathedral City Mr. K. Biersack, Fiscal Officer F, S 13 760-770-0378 * Chino Hills Ms. C. Buhagiar, Finance Director F, S 26 909-364-2600 * Chula Vista Ms. S. Schoen, Director of Finance F, S 9 619-409-3818 * Citrus Heights Mr. A. Preciado, Accounting Manager F, S 4 916-727-4705 * Citrus Heights Water District Ms. T. Nossardi, Finance Manager F, U 2 916-735-7703 * Cypress Ms. D. Mullally, Assistant Finance Director F, S 6 714-229-6700 * Diamond Bar Mr. R. Samario, Interim Finance Director F, S 13 909-839-7051 * Dixon Ms. K. Zawadzki, Finance Director F, S 9 707-678-7000 * Downey Mr. A. Gandhy, Finance Director F, S 8 562-904-7265 * East Bay Municipal Utility District Ms. A. Miller, Controller F, U 5 510-287-0230 * Eastern Municipal Water District Ms. W. Garriz, Controller F, S 2 951-928-3777 * Fullerton Ms. T. Smart, Fiscal Services Manager F, S 12 714-738-3139 * Galt Mr. M. Boring, Finance Director F, S 6 209-366-7140 Georgetown Divide Public Utility District Ms. J. Buckle, Accounting Manager F, S, C 6 530-333-4356 Grand Terrace Ms. C. Clayton, Senior Accountant F 9 909-824-6621 * Indio Mr. R. Rockwell, Assistant City Manager/Director of Finance F, S 7 760-391-4029 Inglewood Ms. L. Gomez, Accounting Manager F, S 8 310-412-5127 * Irwindale Mr. K. Borhani, Finance Director F 28 626-430-2268 Jurupa Community Services District Mr. S. Popelar, Director of Finance and Administration F 4 951-685-7434 * Lake Elsinore Ms. N. Lassey, Finance Manager F, S 6 951-674-3124 * Lathrop Mr. T. Hedegard, Deputy Finance Director F, S 3 209-941-7320 Livingston Ms. V. Portillo, City Manager F, S 2 209-394-5550 * Lodi Ms. M. Munoz, Accounting Manager F, S 1 209-333-6700 * Lompoc Ms. C. Donnelly, Acting Management Services Director F, S 2 805-875-8283 * Los Angeles County Development Authority Mr. M. Fortini, Finance Director F, S 6 626-586-1890 * Malibu Ms. R. Feldman, City Manager F 19 310-456-2489 * Manhattan Beach Mr. S. Charelian, Finance Director F 18 310-802-5553 * Menlo Park Mr. M. Davis, Finance & Budget Manager F 5 650-330-6632 * Monrovia Ms. B. Bullis, Director of Administrative Services F, S 22 626-932-5510 * Monterey One Water Mr. F. Marsh, Chief Financial Officer F, S, U 9 831-645-4623 Monterey Peninsula Airport District Mr. M. Wilson, Controller F, S 5 831-648-7000 x201 * Moorpark Mr. P. Gagajena, Finance Director F, S 5 805-517-6213 * Newark Ms. K. Lee, Finance Director F 5 510-578-4288
* Oceanside Ms. J. Moya, Accounting Manager F, S 14 760-435-3887 Ontario International Airport Ms. K. Snow, Finance Manager F, S 6 714-415-9636 * Orange Ms. K. Bandhauer, Assistant Finance Director F, S 2 714-744-5500 * Orange County Fire Authority Ms. G. Cheung, Accounting Manager F, S 4 714-573-6000 * Orange County Water District Mr. R. Fick, CFO/Treasurer F, S 2 714-378-3200 Orchard Dale Water District Mr. R. Richard, Finance Manager F, U 4 562-941-0114 * Palm Desert Mr. V. Chavez, Finance Director F 6 760-346-0611 * Pleasanton Ms. D. Punzo, Financial Services Manager F, S 3 925-931-5402 * Rainbow Municipal Water District Ms. T. Largent, Finance Manager F, S 3 760-728-1178 * Rancho Cucamonga Ms. N. Daniels, Finance Director F, S, U 45 909-989-1851 Current List of Municipal Clients
olum Client Contact Person Services Years Phone
* Redondo Beach Ms. W. Collazo, Chief Deputy City Treasurer F, S 6 310-372-1171 x2428 * Rialto Ms. K. Stevens, Deputy Director of Finance F, S 2 909-421-7242 * Riverside Ms. N. Garcia, Controller F, S, U 4 951-826-5466 Rolling Hills Mr. R. Samario, Interim Finance Director F 14 310-377-1521 * Rosemead Ms. G. Molleda, City Manager F, S 5 626-569-2146 * Roseville Mr. D. Kaufman, Assistant City Manager/CFO F, S 2 916-774-5314 * San Bernardino Municipal Water Dept. Ms. C. Mouser, Director of Finance F 4 909-453-6010 * San Clemente Mr. J. Rahn, Finance Director F 5 949-361-8360 * San Joaquin Council of Governments Ms. G. Orosco, Manager of Finance F, S 4 209-235-0454 * San Juan Capistrano Mr. K. Al-Imam, Chief Financial Officer F, S 2 949-443-6301 San Marino Mr. M. Siegfried, Controller F 29 626-300-0700 * Santa Clarita Valley Water Agency Ms. A. Aguer, Controller F, U 4 661-513-1237 * Santa Monica Ms. G. Decavalles-Hughes, Finance Director F, S 7 310-458-8281 Shafter Mr. R. Sanchez, Administrative Services Director F, S 2 661-746-5043 Six Basins Watermaster Mr. L. Stahlhoefer, Controller F 14 949-420-3030 Sonoma County Fair & Exposition, Inc. Mr. M. Margetts, Fair Financial Officer F 5 707-573-9342 Sutter County Mr. N. Black, Auditor-Controller F, S 4 530-822-7439 * Three Valleys Water District Mr. J. Linthicum, Chief Financial Officer F, U 15 909-621-5568 * Union Sanitary District Mr. M. Carlson, CFO/Business Services Manager F, U 6 510-477-7647 * Vacaville Ms. C. Reams, Accounting Manager F, S 3 707-449-5688 * Vallejo Ms. F. Cruz, Assistant Director, Finance F, S 4 707-648-5542 * Yolo County Mr. T. Haynes, Interim Chief Financial Officer F, S 4 530-666-8050 * Yorba Linda Water District Ms. D. Lugo, Finance Manager F 2 714-701-3040 S - Single Audit
I - Internal Audit
C - Consulting
U - Utility Agency
* Participated in the GFOA Award Programs and has received or anticipates receiving outstanding awards Service Codes:

F - Financial Audit
City of Nevada City
RFP for Professional Auditing Services
32 www.lslcpas.com | 32
EXHIBIT C – SAMPLE PBC LISTS
INDEPENDENT AUDITORS’ REPORT
To the Honorable Mayor and Members of the City Council
City of Sample, California
Report on Financial Statements
We have audited the accompanying financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of City of Sample, California, (the City) as of and for the year ended June 30, 2020, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements as listed in the table of contents.

Management’s Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error.

Auditors’ Responsibility
Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement.

An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity’s preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity’s internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions.

To the Honorable Mayor and Members of the City Council
City of Sample, California
Opinions
In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Sample, California, as of June 30, 2020, and the respective changes in financial position and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America.

Other Matters
Required Supplementary Information
Accounting principles generally accepted in the United States of America require that the management’s discussion and analysis and the budgetary comparison information for the General Fund and Traffic Relief Grant Fund, as listed in the table of contents, be presented to supplement the basic financial statements.

Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.

Other Information
Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City’s basic financial statements. The introductory section, combining and individual nonmajor fund financial statements, schedules, and statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements.

The combining and individual nonmajor fund financial statements and schedules are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the basic financial statements. Such information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the combining and individual nonmajor fund financial statements and schedules are fairly stated, in all material respects, in relation to the basic financial statements as a whole.

To the Honorable Mayor and Members of the City Council
City of Sample, California
The introductory and statistical sections have not been subjected to the auditing procedures applied in the audit of the basic financial statements and, accordingly, we do not express an opinion or provide any assurance on them.

Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated December 15, 2020 on our consideration of the City’s internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s i nternal control over financial reporting and compliance.

Sacramento, California
December 15, 2020
Fieldwork confirmed for week starting: 6/15/2022
Item # Audit Area Description Date Required Date Provided 1 General Financial Statement Tie‐Out for the year ended June 30, 2021 (Provided by Previous Auditors) 6/8/2022 2 General Fiscal year ended June 30, 2021 trial balance in excel format (Exported from Accounting Software) 6/8/2022 3 General Trial balance as of March 31, 2022 in excel format (or latest reconciled trial balance) 6/8/2022 4 General Detail of manual journal entries recorded from July 1, 2021 through the date of trial balance provided (please include account number, DR/CR) 6/8/2022
5 General Original budget in excel format for year ended June 30, 2022 (Exported from  Accounting Software) 6/8/2022 6 General Budget Book adpoted by City Council in detail by budgetary control levels for the fiscal year June 30, 2021 Available for fieldwork* 7 General Access to City Council meeting minutes for the period July 1, 2021 through date of trial balance provided (if not published online) 6/8/2022 8 General General ledger detail in PDF format from July 1, 2021 through date of trial balance provided 6/8/2022 9 General General ledger detail in PDF format of all Legal Expenditures in the current fiscal year 6/8/2022 10 General Access to all Statements of Economic Interest Forms (Form 700s)  ‐ preferably in electronic format Available for fieldwork* 11 General 2021 GFOA Comments, if received 6/8/2022
12 General A Detail list of all City Departments, off site locations, and addresses 6/8/2022 13 General A Detail list of all City Related Parties. Please include all Service Organizations and Service Concession Arrangements 6/8/2022 14 General Copy of the City's Financial Close checklist/Policy and Procedures, if applicable 6/11/2022 15 General Copy of all Joint Power Agreements and all joint venture agreements, if any. 6/11/2022 16 General City's General Fund five‐year financial plan Available for fieldwork* 17 General Changes in Reporting Entity (i.e. GASB 61 changes in blended and discretely presented component units) 6/11/2022 18 General Listing of all blended and discretely presented component units. 6/11/2022 19 General Detail of New Funds and disposal of funds 6/11/2022 20 General Please identify any government activities or departments that were discontinued during the fiscal year. 6/11/2022 21 General Access to City Council Members AB 1234 Ethics certifications Available for fieldwork* 22 General Location of Data Center(s) and in charge IT personnel contact information 6/11/2022 23 General High level schematic of IT resources and type of environment used (mainframe / client ‐ server, internet / cloud) for each major resource. 6/11/2022
24 General Policies and procedures for physical and logical access to IT resources, data backup and warehousing policies and procedures. 6/11/2022 25 General Please complete confirmation log identifying all legal counsel, cash and debt arrangements, notes receivable, & insurance policies 6/11/2022
26 Cash Copy of the City latest Investment Policy 6/11/2022 27 Cash Copy of the City's latest Treasurer's Report 6/11/2022 28 Cash Copy of all City policies surrounding cash transfers and wires, and cash handling procedures 6/11/2022 29 Cash Detail listing of all City cash and investment accounts, please include account number, type of account, and signors for each account 6/11/2022
30 Cash Copies of the last three (3) Bank reconciliations performed for each cash and investment account Available for fieldwork* 31 Cash Copy of the City's latest interest allocation worksheet 6/11/2022 32 Cash Listing of all locations where cash is collected 6/11/2022 33 Capital Assets Capital Assets Policy/Manual for Fixed Asset Management 6/11/2022 34 Capital Assets Most up to date capital asset rollforward and listing. Available for fieldwork* 35 Capital Assets Land held for resale schedule as of date of trial balance provided that includes current year purchases and disposals. 6/12/2022 36 Payroll Copies of All Memorandums of Understanding and/or Employee Union Agreements 6/12/2022 37 Payroll Copies of Employment Contract with Contracted Employees 6/12/2022 38 Payroll Listing of Employees that include position and department as of date of trial balance provided (please identify employees that were hired/terminated during fiscal year) 6/5/2022
39 Payroll Copy of employee handbook 6/12/2022
40 Payroll Copy of employee termination checklist 6/12/2022 41 Payroll Copy of the City Compensated Absences, Deferred Compensation (i.e. termination benefits, pension) Policies, etc. 6/12/2022 42 Payroll Copies of any updated pension plan agreements and/or amendments to contracts between the City and CalPERS. 6/12/2022 43 Payroll Documentation of any on‐behalf payments are made between City entities (debt, fringe benefits, other items.) 6/12/2022 44 Payroll PERS submission reports for fiscal year 7/1/2021 through date of trial balance provided (electronically). ** Available for fieldwork* 45 Payroll Listing of payroll dates occuring FY 2022 (We will be selecting a sample of 3 pay periods and 25 employees and requesting additional items) 6/12/2022
46 Payroll Quarterly DE‐9s and 941s 6/12/2022
47 Purchasing/AP Copy of the City's Purchasing Policy (as amended) 6/12/2022 48 Purchasing/AP Copy of the City's Delegation of Authority Matrix for each department (as amended) 6/12/2022 49 Purchasing/AP Copy of the City's credit card/purchasing card policy (as amended), and a listing of all purchasing card holders 6/12/2022 50 Purchasing/AP A listing of the top 10 Vendors to date for the current year, along with amount spent for FY2021 6/12/2022 51 Purchasing/AP Latest approved cost allocation plan for all internal service funds (or fee for service plan) Available for fieldwork* 52 Insurance Copy of the most recent Insurance Policy and Procedures 6/12/2022 53 Debt Copies of any updated operating and capital lease agreements.  Also include schedules of future minimum payments on all operating leases. 6/12/2022
54 Debt Copy of all official statements and debt amortization schedules for debt. 6/12/2022 55 Debt Amortization schedules for all debt discounts/premiums and deferred charges on refundings. 6/12/2022 56 Debt Details on all recorded pollution remediation obligations including copies of any settlement agreements. 6/12/2022 57 Debt Listing of any debt with compliance or covenant requirements and most recent calculation of those requirements. 6/12/2022 58 Fund Equity Please provide details on restatements recorded to date in the current year. Available for fieldwork* 59 Fund Equity Please provide copies of all GASB 54 related resolutions for committed fund balances carried forward from previous years. 6/8/2022 60 Revenue Details on all operating lease arrangements in which the City is the lessor 6/12/2022 61 Receivables Detail list of Loans Receivable as of date of trial balance provided 6/12/2022 62 GANN City worksheets used in developing the fiscal year 2021‐2022 appropriations limit. (Include the source document used in developing the allowable property tax administration fee charged by the County). 6/8/2022 63 GANN City Council Resolution establishing the City appropriations limit for fiscal year 2021‐2022. 6/8/2022 64 GANN Letter from State of California, Department of Finance presenting the price and population information for the City for fiscal year 2021‐2022. 6/8/2022
65 Grants/Single Audit Schedule of Expenditures of Federal and State Awards for the fiscal year through date of trial balance provided. Available for fieldwork* 66 Grants/Single Audit Corrective action plan status update on Financial Statement Findings for June 30, 2021 Single Audit, if any. 6/12/2022 67 Grants/Single Audit Copy of agreements for all federal and state grants in excess of $50,000 6/12/2022 68 Grants/Single Audit Please provide contact information for the City employees responsible for compliance of each grant. Also, provide the Funding Source Grant Manager Contact information. 6/12/2022
69 Internal Controls Provide and fill out 'Internal Controls Interviews' on 2nd tab with times available for each transaction cycle listed 6/8/2022 *Available for fieldwork = we are flexible to work on the schedules during interim fieldwork scheduled ** To assist in obtaining CalPERS info, we suggest providing us read‐only access to the CalPERS website. Please contact your HR administrator for business partner login access CITY OF EXAMPLE
INTERIM AUDIT PBC LIST
YEAR ENDED JUNE 30, 2022
SAMPLE
Fieldwork confirmed for week starting: 10/5/2022
Item # Audit Area Description Date Required Date Provided 3 General Final TB, Revenue & Expenditure summary report in excel for year ending 6/30/22 9/25/2022 4 General GL Detail for entire fiscal year 9/25/2022
5 General Detail of manual journal entries recorded from July 1, 2021 through June 30, 2022 (please include account number, DR/CR)  (LSL will make a selection of journal entries to examine) 9/25/2022 6 General Final amended budget in excel 9/25/2022
7 General Please return signed Confirmations on the City's letterhead once received Once Available 8 Cash Copy of your latest investment policy, if a new one has been adopted since our interim fieldwork. 10/1/2022 9 Cash Bank, investment and fiscal agent account reconciliations and statements for June of the current audit year and July of the following fiscal year. 10/1/2022
10 Cash Copy of your GASB 31 adjustment (i.e., investments booked to fair value) and supporting schedules, if applicable. 10/1/2022 11 Cash
Provide support for the classes of the investments in accordance with GASB 72 (Levels 1, 2, 3). For footnote purposes, we will need to disclose the Inputs used to determine what Level the investment should be categorized in. You may need to inquire with your custodian(s).
10/1/2022
12 Revenue & Receivables Taxes receivable reconciliation/schedule for all funds. 10/1/2022 13 Revenue & Receivables Special Assessments receivable reconciliation/schedule for all funds. 10/1/2022 14 Revenue & Receivables Due from Other Governments reconciliation/schedule for all funds. 10/1/2022 15 Revenue & Receivables Interest reconciliation/schedule for all funds. 10/1/2022 16 Revenue & Receivables Due From Successor Agency reconciliation & Support 10/1/2022 17 Revenue & Receivables Unearned Revenue reconciliation/schedule, if applicable 10/1/2022 18 Revenue & Receivables Property tax analysis/reconciliation that ties to GL. 10/1/2022 19 Revenue & Receivables Sales tax analysis/reconciliation that ties to GL. 10/1/2022 20 Revenue & Receivables Construction Permit Analysis: Please provide number of construction permits issued for FY19 and FY20 10/1/2022 21 Revenue & Receivables Street & Curb Permit Analysis: Please provide number of street & curb permits issued for FY19 and FY20 10/1/2022 22 Inventories Provide us with access to an inventory listing as of fiscal year end showing quantity on hand, unit costs and total inventory valuation. If the listing does not agree to the general ledger, please provide us with an explanation of the variances. 10/1/2022 23 Capital Assets Capital asset listing for year end.  (Similar to the footnote; The listing should be sub‐totaled by asset type and by Governmental & Internal Service function, and Business‐Type Activities) 9/28/2022 24 Capital Assets Listing of capital asset additions and access to supporting documentation (e.g., invoices, calculations, etc.), subtotaled same as above. 9/28/2022
25 Capital Assets
Listing of capital asset deletions and any adjustments; and access to supporting documentation (e.g., listing of surplus equipment, council minutes, information regarding sales proceeds, costs, accumulated depreciation, any gain or loss, etc.), subtotaled same as above. (If CIP deletions include transfers out to capitalized assets, please identify total transfer amounts) 9/28/2022
26 Capital Assets Depreciation reports showing depreciation expense for the year (by function) and the accumulated depreciation at year end (by asset type), subtotaled same as above. 9/28/2022
27 Capital Assets Listing of fully depreciated assets, with original cost of asset, as of 7/1/21 9/28/2022 28 Capital Assets Listing of construction in progress additions and deletions. Please include date purchased and fund recorded in. 9/28/2022 29 Payroll Payroll registers last pay period in FY22 & first pay period in FY23 10/1/2022 30 Payroll
Leave benefits registers that support your compensated absences accrual calculations. Provide short and long term allocation for compensated absences. Identify which functions (e.g., general government, public safety, etc.) the change in compensated absences should be recorded to on the government‐wide statements. 10/1/2022
31 Payroll PERS ‐ # of covered employees for PERS, by plan (safety, misc., etc), if City has different plans.  This is per City’s payroll/benefits records NOT the actuarial. 10/1/2022
32 Payroll OPEB ‐ # of covered employees for Other Post Employment Benefits (OPEB), by plan. This is per City’s payroll/benefits records NOT the actuarial. 10/1/2022
33 Payroll 941(Federal) and DE‐9(State) quarterly reports, and any applicable reconciliation to the G/L for FY21 10/1/2022 34 GASB 68 GASB 68‐ All Accounting Valuation Reports with a measurement date of 6/30/21 10/1/2022 35 GASB 68 Pension expense by plan (employee vs. employer) 10/1/2022 36 GASB 68 Pension ‐ Covered Payroll for FY21, broken out by plan 10/1/2022 37 GASB 68 Does the City intend to terminate any of the pension plans? 10/1/2022 38 GASB 68 Please provide any recent pension plan amendments 10/1/2022 39 GASB 68 Does the City have a Replacement Benefit Plan (IRC 415 (b))? (Meaning, the employee’s salary exceeds the maximum allowance of the plan, and the Entity is just paying a check for the benefits separately in addition to the normal plan costs) 10/1/2022 40 GASB 68 Do you have any assets that are being held specifically for pension benefit payments that are NOT in an irrevocable trust fund? If so, where are they held? (i.e. special revenue funds, agency fund, etc.) 10/1/2022 41 GASB 75 GASB 75 Valuation Report 10/1/2022
42 GASB 75 Census data provided to Actuary 10/1/2022
43 GASB 75 OPEB expense by plan (employee vs. employer) 10/1/2022 44 GASB 75 OPEB ‐ Covered‐Employee Payroll for FY21 10/1/2022 45 Purchasing/AP Check registers processed after July 1st broken out by fund (if electronic payments are included on a separate register, please be sure to provide this as well) 9/28/2022
46 Purchasing/AP A/P reconciliation/schedule 9/28/2022
47 Purchasing/AP Refundable Deposits Payable reconciliation/schedule 10/1/2022 48 Purchasing/AP Other Accrued Liabilities reconciliation/schedule 10/1/2022 49 Purchasing/AP Please provide us with your “cut‐off” date used for recording your payables. 10/1/2022 50 Encumbrances Listing of open purchase orders at year end. 10/1/2022 51 Debt Schedule that identifies all long‐term debt items with the account numbers that are used for the principal and interest payments for each debt item. Subtotaled by Governmental debt, Internal Service Funds, and Business‐Type Activities 10/1/2022 52 Debt Listing of new bond issuances since interim, and any bond defeasances (Please also include Official Statements) 10/1/2022 53 Debt Lease agreements and amortization schedules for any new capital leases. 10/1/2022 54 Debt Agreements and amortization schedules for any new notes payable. 10/1/2022 55 Debt Agreements and amortization schedules for any unused lines of credit. 10/1/2022 56 Debt A schedule that identifies any debt for which the City is not obligated (e.g., special assessment debt, CFD debt, mortgage revenue bonds, etc.). Also provide us with the outstanding principal balances as of year end (for footnote disclosure). 10/1/2022 57 Debt A schedule that identifies any defeased bond debt and the outstanding principal balances as of year end (for footnote disclosure). 10/1/2022
58 Debt For GASB #34 purposes, for any new debt that is issued, provide us with a calculation that computes and amortizes issuance costs, premiums/discounts and gains/losses on defeasances during the current year. 10/1/2022 YEAR‐END AUDIT PBC LIST
YEAR ENDED JUNE 30, 2022
CITY OF EXAMPLE
SAMPLE
59 Debt Interest payable calculation 10/1/2022
60 Fund Equity Supporting documentation for any adjustments to opening fund balance, if applicable 10/1/2022 61 Fund Equity Fund balance schedule detailing unavailable, restricted, committed and assigned amounts 10/1/2022 62 Fund Equity For the Committed amounts, please provide the appropriate Resolutions from Council 10/1/2022 63 Fund Equity For the assigned amounts, please have responsible official designated by Council sign the document indicating their approval. 10/1/2022 64 Insurance General Liability Report, Workers Comp Report, Workers Comp Active Claims Listed by Allocation 10/1/2022 65 Insurance Footnote information specific to the City of Example, i.e. changes to coverage limits 10/1/2022 66 Insurance Schedule of changes in general liability claims and workers' compensation liabilities 10/1/2022 67 Insurance Declaration pages for all insurance policies (if not received during interim) 10/1/2022 68 Grants/Single Audit Completed SEFA (Federal and Non‐Federal) 10/1/2022 69 Grants/Single Audit For all Federal grants received during the fiscal year, provide us with copies of the applicable sections of the grant agreement and/or award letter that identifies the grantor name, grant name, award amount and period covered. 10/1/2022 70 Grants/Single Audit Access to reimbursement requests, drawdowns and grant reconciliations. 10/1/2022 71 Other Reconciliations and Analysis Provide a reconciliation of all transfers for the fiscal year (With a description of purpose for all transfers that involve a major fund) 10/1/2022
72 Other Reconciliations and Analysis Provide a reconciliation of due to/due from other funds (With a description of purpose for all due to/from's that involve a major fund) 10/1/2022
73 Other Reconciliations and Analysis Provide a reconciliation of advances to/from other funds and their purpose. Provide agreements/resolutions for any new advances between component units and advances between funds. 10/1/2022 74 Other Reconciliations and Analysis Explanations for any significant changes in revenues and expenditures from budget and prior year. Once Available 75 Other Reconciliations and Analysis Agency Funds ‐ Schedule of Additions and Deletions 10/1/2022 76 GASB #34 Related Information If you prepare any GASB #34 related journal entries, provide us with copies of these entries and any supporting documentation. 10/1/2022 77 GASB #34 Related Information Internal Service Fund Allocation‐ Provide us with an allocation of the internal service fund(s) excess surplus or deficit to governmental functions (e.g., general government, public safety, etc.) and business activities, as applicable. 10/1/2022 78 Financial Statement Disclosures Prior year GFOA comments, if applicable Once available 79 Financial Statement Disclosures Listing of all related party transactions (please indicate any new related parties this fiscal year) 10/1/2022 80 Financial Statement Disclosures Please provide information on related party transactions that may include: Sale, purchase, exchange, or leasing of property 10/1/2022 81 Financial Statement Disclosures Please provide information on related party transactions that may include: Receiving or furnishing of goods, services, or facilities 10/1/2022 82 Financial Statement Disclosures Please provide information on related party transactions that may include: Transfer or receipt of income or assets 10/1/2022 83 Financial Statement Disclosures Please provide information on related party transactions that may include: Maintenance of bank balances as compensating balances for the benefit of another 10/1/2022
84 Financial Statement Disclosures Have any related parties been indebted to the City or had receivables from the City (not including advances with component units)? 10/1/2022
85 Commitments
Please provide information on commitments that may include: Future purchases at specified prices or specified quantities, Contracts for construction projects, Please provide a list of construction contracts over $500,000, including the contract amount and total expenditures as of June 30, for governmental funds. (Please include original purchase orders as well as any change orders)
10/1/2022
86 Commitments Commitments under operating leases 10/1/2022 87 Commitments Contracts entered into with other governmental entities that require annual payments (eg. Metropolitain water, sewer, similar projects) 10/1/2022
88 Contingencies Please provide information on contingencies that may include: Significant claims that the governmental entity is responsible for Pollution remediation obligations and Termination benefits 10/1/2022 89 Subsequent Events Please provide information on subsequent events that may include: Long term debt issuance, Land purchases and sales, Settlement of litigation,  Loans given out 10/1/2022
SAMPLE

PREPARED BY
Lance, Soll & Lunghard, LLP
Certified Public Accountants
License Number 2584

COST PROPOSAL
City of Nevada City
Professional Auditing Services
Date of Submission: November 10, 2023
Valid for 90 Days
Authorized by
Brandon Young, CPA, Partner
2151 River Plaza Dr., Suite 150
Sacramento, CA 95833
(916) 503-9691
City of Nevada City
RFP for Professional Auditing Services
1 www.lslcpas.com | 1

COST PROPOSAL

ALL-INCLUSIVE MAXIMUM PRICE
*FY 2022-23 includes an additional $10,000 for opening balance and first-year audit procedures. **Price includes one (1) major program. Each additional program is $4,500.

LSL STANDARD HOURLY RATES
The quoted fees above include a standard 3% increase year-over-year. However, this percentage increase will be compared to the CPI indicator each year and will be adjusted if that amount exceeds 3%. The higher of the 3% or CPI indicator will be used each year.

Position 2022/23 2023/24 2024/25
Optional
2025/26
Optional
2026/27
Partner $306 $320 $330 $340 $360
Senior Manager $230 $240 $250 $260 $270
Manager $196 $210 $220 $230 $240
Supervisor $170 $180 $190 $200 $210
Senior $153 $160 $170 $180 $190
Experienced Staff $128 $140 $150 $160 $170
Staff $111 $120 $130 $140 $150
Clerical $94 $100 $110 $120 $130
City of Nevada City
RFP for Professional Auditing Services
2 www.lslcpas.com | 2

LEVEL OF STAFF ASSIGNED AND NUMBER OF HOURS TO BE ASSIGNED *An estimated additional 50-75 hours are needed in the FY 2022-23 audit for opening balance and first-year audit procedures.
**Hours proposed are for one (1) major program.

MANNER OF PAYMENT
Progress payments will be made on the basis of hours of work completed during the course of the engagement and out-of-pocket expenses incurred in accordance with the firm's proposal.

Interim billings shall cover a period of not less than a calendar month. The final ten percent (10%) of the total all-inclusive maximum price will be paid upon delivery of the firm's final reports.

Segment/Task Partners Manager Senior Staff Total
ACFR Audit & Related Reports*
Interim Testwork 4 8 35 60 107
Year-End Testwork 8 16 50 70 144
Report/Review/Supervision 4 10 20 0 34
Subtotal 16 34 105 130 285
GANN Limit AUP
Testwork 00022
Report/Review/Supervision 01113
Subtotal 0 1 1 3 5
Single Audit (if applicable)**
Testwork 0 0 5 15 20
Report/Review/Supervision 3 5 5 0 13
Subtotal 3 5 10 15 33
City Annual SCR Report (Optional)
Testwork 0 0 0 0 0
Report/Review/Supervision 1 3 3 35 42
Subtotal 1 3 3 35 42
City Annual Street Report (Optional)
Testwork 0 0 2 15 17
Report/Review/Supervision 1 1 2 0 4
Subtotal 1 1 4 15 21
TOTAL PROPOSED HOURS: 21 44 123 198 386

TOTAL PROPOSED HOURS
From: Don Frazer
To: Public Comment
Subject: Gaza
Date: Friday, December 8, 2023 2:22:33 PM
CAUTION: This email is from an external sender. If you are not expecting this email or don't recognize the sender, consider deleting.

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My name is Donald Frazer. I reside at 821 Zion St. B11.

I am unable to attend the council meeting this coming December 14 as I will be out of town. I would like to express my heart felt support for any action by the City Council that calls for an immediate ceasefire in Gaza and an end to the genocidal actions of the Government of Israel.

Respectfully,
Donald Frazer

From: Don Frazer
To: Public Comment
Subject: Gaza
Date: Friday, December 8, 2023 2:22:33 PM
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My name is Donald Frazer. I reside at 821 Zion St. B11.

Respectfully,
Donald Frazer
From: Laila Murfin
To: [email protected]; Public Comment
Subject: Imploring you to stand for a ceasefire in Gaza Date: Monday, December 11, 2023 9:57:05 PM
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To the City Councils of Grass Valley and Nevada City -
As a mother to a three-year-old, who is free to be healthy, live vibrantly, with little to worry about, I am in agony over the unfolding violence in Gaza. By conservative estimates, 8,000 children have been killed, and many more wounded without medical care, facing imminent starvation due to the siege of Gaza by the Israeli forces in TWO MONTHS. Half of the population of Gaza is under the age of 18, with 40% of the population 14 years of age or younger. I can only imagine the pain of the parents who have lost their children, the children who have lost their mothers, or fathers, or aunts, uncles, cousins, friends, grandparents due to indiscriminate attacks upon the civilians of Gaza.

I am writing today, for these families, and for my own, because I can't bear the thought of my child, when he is old enough to understand, asking, "how could you see what was happening and not do anything to stop it?" This is not the world I want to pass on to our children, we are global citizens, these humans are our kin, and this is absolutely not where I want my tax dollars to go.

It is beyond unconscionable that our country is the only nation in the UN who voted against a ceasefire, when UN experts state, "grave violations committed by Israel against Palestinians in the aftermath of 7 October, particularly in Gaza, point to a genocide in the making." (https://www.ohchr.org/en/press-releases/2023/11/gaza-un-experts-call-internationalcommunity-prevent-genocide-against). Whatever our perceived foreign interests, nothing excuses genocide.

I call on you to take a stand on behalf of the citizens of Nevada County. To speak up where our national and state governments refuse to. Be on the right side of history. Please join the cities across the country including but not limited Oakland, Detroit, Akron, Providence, and Wilmington. Given the rise in violence towards Jewish and Arab communities nationwide in direct response to what is happening in Gaza, please call for the safety of our local Arab and Jewish community, and call for a ceasefire.

Nevada City City CouncilDecember 14, 2023

Nevada City City Council
December 14, 2023