Agenda packet — Oroville City Council, May 17, 2022 (part 1 of 2)

May 17, 2022~4:00 PM Oroville City Council Meeting Agenda Page 1 of 6

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
May 17, 2022

REGULAR MEETING
CLOSED SESSION 4:00 PM
OPEN SESSION 4:30 PM
AGENDA

PUBLIC ACCESS AND PARTICIPATION
To view the meeting, attend the meeting or provide comment, please see the options below. All comments emailed will be provided to the Council Members for their consideration.

To View the Meeting:

1. Watch our live feed https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/

2. Watch via Zoom
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Passcode: 67684553

3. Listen via Telephone
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To Provide Comment to the Council:

1. Email before the meeting by 2:00 PM your comments to [email protected]

2. Attend the meeting in person.

If you would like to address the Council at this meeting, you are requested to complete the blue speaker request form (located on the wall by the agendas) and hand it to the City Clerk, who is seated on the right of the Council Chamber. The form assists the Clerk with minute taking and assists the Mayor or presiding chair in conducting an orderly meeting. Providing personal information on the form is voluntary. For scheduled agenda items, please submit the form prior to the conclusion of the staff presentation for that item. Council has established time limitations of three (3) minutes per speaker on all items and an overall time limit of thirty minutes for non-agenda items.

If more than 10 speaker cards are submitted for an item, the time limitation would be reduced to one and a half minutes per speaker for that item. If more than 15 speaker cards are submitted for non-agenda items, the first 15 speakers will be randomly selected to speak at the beginning of the meeting, with the remaining speakers given an opportunity at the end. (California Government Code §54954.3(b)).

Pursuant to Government Code Section 54954.2, the Council is prohibited from taking action except for a brief response from the Council or staff to statements or questions relating to a non-agenda item.

CALL TO ORDER / ROLL CALL
Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
1 May 17, 2022~4:00 PM Oroville City Council Meeting Agenda Page 2 of 6

CLOSED SESSION
The Council will hold a Closed Session on the following:

1. Pursuant to Government Code Section 54957(b), the Council will meet with City Administrator, Personnel Officer, and/or City Attorney to consider the public employment related to the following position: Police Chief.

2. Pursuant to Government Code section 54956.9(d)(4), the Council will meet with the City Administrator and City Attorney regarding potential initiation of litigation – five cases.

3. Pursuant to Government Code section 54956.8, the Council will meet with Real Property Negotiators, City Administrator and City Attorney, regarding the property commonly known as APN: 012-060-001, APN: 012-060-002, APN: 035-290-039, and APN: 035-290-003

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
This is the time to address the Council about any item not listed on the agenda. If you wish to address the Council on an item listed on the agenda, please follow the directions listed above.

CONSENT CALENDAR
Consent calendar items 1 – 8 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. APPROVAL OF THE MINUTES
The City Council may approve the minutes of May 3, 2022

RECOMMENDATION
Approve the minutes of May 3, 2022

2. OROVILLE CITY EMPLOYEE MORTGAGE ASSISTANCE PROGRAM
The council may consider authorizing modifications to the Oroville Safety Mortgage assistance program guidelines.

RECOMMENDATION
Authorize requested modifications to the OCEMAP as described in the staff report. 2 May 17, 2022~4:00 PM Oroville City Council Meeting Agenda Page 3 of 6

3. TRANSFER FUNDS FROM 20-CDBG-CV23-00113 UTILITY ASSISTANCE PROGRAM TO 20-CDBG-CV23-00112 WYANDOTTE ACADEMY IMPROVEMENTS
The Council may consider transferring the remaining funds associated with standard agreement 20-CDBG-23-00113 to standard agreement 20-CDBG-23-00112.

RECOMMENDATION
Approve the transfer of 20-CDBG-CV23-00113 grant funds to 20-CDBG-CV23-00112 and to increase the scope of work.

4. HISTORIC PRESERVATION AWARD PROGRAM OF THE OROVILLE HISTORIC ADVISORY

COMMISSION
The City Council will consider approving the creation of an annual award to honor outstanding achievement in Oroville historic revitalization, the administration of which will be by the Oroville Historic Advisory Commission and will include creating an inventory of current and potential sites.

RECOMMENDATION
Approve the Historic Preservation Award Program of The City of Oroville Historic Advisory Commission and adopt resolution no. 9046.

5. AUTHORIZE GENERATOR PURCHASE FOR SEWER DEPARTMENT EQUIPMENT Council may consider and approve the purchase of an emergency replacement generator for the Olive Glen sewer pump station.

RECOMMENDATION
Approve the emergency purchase of the 2022, 125 KVA Doosan generator from the Rental Guys Rental Equipment Center.

6. TAX AND LICENSE ADMINISTRATION
The Council may consider approving the authorization of tax and license administration services provided by MuniServices, LLC.

RECOMMENDATION
Approve the Mayor to sign a contract with MuniServices, LLC. 3 May 17, 2022~4:00 PM Oroville City Council Meeting Agenda Page 4 of 6

7. AMENDMENT TO EMPLOYMENT AGREEMENTS WITH RUTH WRIGHT, RON BELSER, AMY

BERGSTRAND, AND DAWN NEVERS
The Council will consider Amendments to the Employment Agreements with Ruth Wright, Ron Belser, Amy Bergstrand and Dawn Nevers

RECOMMENDATION
Adopt Resolution No. 9047 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND RUTH WRIGHT– (Agreement No. 3093-3); and
Adopt Resolution No. 9048 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND DAWN NEVERS – (Agreement No. 3299-2); and
Adopt Resolution No. 9049 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND RON BELSER – (Agreement No. 3400-1); and
Adopt Resolution No. 9050 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE

EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND AMY BERGSTRAND – (Agreement No. 3407-1).

8. CAPITAL PROJECT TASK ORDERS
The Council may direct staff to issue task orders for the design of capital improvement projects for the 2022-23 construction season.

RECOMMENDATION
Staff recommends that the Council direct the City Administrator to issue the tasks orders discussed in the staff report to NorthStar Engineering. 4 May 17, 2022~4:00 PM Oroville City Council Meeting Agenda Page 5 of 6 PUBLIC HEARINGS 5:15 PM
The Public Hearing Procedure is as follows:
- Mayor or Chairperson opens the public hearing.
- Staff presents and answers questions from Council
- The hearing is opened for public comment limited to three (3) minutes per speaker. In the event of more than ten (10) speakers, time will be limited to one and a half (1.5) minutes.

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed
- Council debate and action

9. FIRST READING OF ZONING CODE AMENDMENT ZC21-06, PROPOSED REVISION OF OROVILLE MUNICIPAL CODE SECTION 17.12.020 RELATING TO FENCE, WALLS AND

SCREENING STANDARDS
The Council will consider amending OMC Section 17.12.020 relating to the City’s regulations of fences, walls and screening pertaining to maximum allowed heights, placement, and other changes necessary to protect the general health, safety, and public welfare of the city.

RECOMMENDATION
Waive first reading and approve AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE AMENDING SECTION 17.12.020 OF THE ZONING CODE OF THE CITY OF OROVILLE RELATING TO FENCES, WALLS, AND SCREENING STANDARDS.

10. PUBLIC HEARING 2022 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION The Council will conduct a public hearing to discuss the 2022 Community Development Block Grant (CDBG) Program funding, CDBG Program Income, and to solicit input and comments from the citizens of Oroville.

RECOMMENDATION
Open the public hearing to discuss the 2020 Community Development Block Grant Program and solicit public input and comments.

REGULAR BUSINESS

11. TIME OF COUNCIL MEETINGS AND PUBLIC HEARINGS
The Council will consider the time of Council meetings and beginning time for Public Hearings

RECOMMENDATION
Provide Staff Direction
5 May 17, 2022~4:00 PM Oroville City Council Meeting Agenda Page 6 of 6

12. REASSIGNMENT OF EXCLUSIVE ECONOMIC DEVELOPMENT AGREEMENT WITH CMG PROJECT 1200, LLC
The Council will consider the reassignment of the Master Disposition and Development Agreement with CMG Project 1200, LLC, for the development of the Gateway Project.

RECOMMENDATION
Adopt Resolution No. 9045 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT TO

REASSIGN DEVELOPMENT AGREEMENT WITH SNYDER COMMERCIAL REAL ESTATE FOR THE DEVELOPMENT OF THE GATEWAY PROJECT TO CMG Project 1200, LLC – (Agreement No. 2070-1).

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports
i. Departmental Reports for April 2022

4. Correspondence
i. FERC Correspondence
ii. Haven of Hope on Wheels Update

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on June 7, 2022 at 4:00 p.m.

Accommodating Those Individuals with Special Needs – In compliance with the Americans with Disabilities Act, the City of Oroville encourages those with disabilities to participate fully in the public meeting process. If you have a special need in order to allow you to attend or participate in our public meetings, please contact the City Clerk at (530) 538-2535, well in advance of the regular meeting you wish to attend, so that we may make every reasonable effort to accommodate you. Documents distributed for public session items, less than 72 hours prior to meeting, are available for public inspection at City Hall, 1735 Montgomery Street, Oroville, California.

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 6 May 03, 2022~4:00 PM Oroville City Council Meeting Minutes Page 1 of 4

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
May 03, 2022

REGULAR MEETING

MINUTES
This agenda was posted on April 28, 2022, at 12:55pm. This meeting was recorded and may be viewed at Cityoforoville.org or on YouTube

CALL TO ORDER / ROLL CALL
Mayor Reynolds called the meeting to order at 4:00pm
PRESENT: Council Members: David Pittman (4:02pm), Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson (4:02pm), Vice Mayor Scott Thomson, Mayor Chuck Reynolds STAFF: City Administrator Bill LaGrone, Assistant City Administrator Ruth Wright, Assistant Community Development Director Dawn Nevers, City Attorney Scott Huber, Code Enforcement Director Ron Belser, Assistant City Clerk Jackie Glover, Business Assistance and Housing Development Director Amy Bergstrand, Interim Fire Chief Chris Tenns, Principal Planner Wes Ervin, City Treasurer Karolyn Fairbanks, Planning Consultant Connie Spade.

CLOSED SESSION
The Council held a Closed Session on the following:

1. Pursuant to Government Code Section 54957(b), the Council met with City Administrator, Personnel Officer, and/or City Attorney to consider the public employment related to the following position: Police Chief, City Administrator, Assistant City Administrator Finance Director, Assistant Community Development Director, Code Enforcement Director, Business and Housing Director

2. Pursuant to Government Code section 54956.9(d)(2), the Council met with the City Administrator and City Attorney regarding potential exposure to litigation – three cases.

OPEN SESSION

1. Announcement from Closed Session – Mayor Reynolds announced that direction was given; no action was taken

2. Pledge of Allegiance – Led by Mayor Reynolds

3. Adoption of Agenda – Motion by Council Member Smith and second by Council Member Goodson to adopt the agenda. Motion passed.

AYES: Goodson, Hatley, Smith, Pittman, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None
7 Item 1.

May 03, 2022~4:00 PM Oroville City Council Meeting Minutes Page 2 of 4

PRESENTATIONS AND PROCLAMATIONS

1. Council received a presentation from the Butte Fire Safe Council PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on non-agenda items:
- Ted Lehmann
- Chuck Reed
- Bill Speer
- The Cameraman
- Stephanie Holstein
- Bryan Williams
The following individuals spoke on agenda items:
- Bill Speer – Item 8

CONSENT CALENDAR
Motion by Council Member Goodson and second by Council Member Smith to adopt the consent calendar. Motion passed.

AYES: Goodson, Hatley, Smith, Pittman, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None

1. APPROVAL OF THE MINUTES
The Council approved the minutes of April 19, 2022

2. GRANT FUND TRANSFER
The Council approved a funds transfer of $50,000 to Grant Fund 152.

3. AGREEMENT FOR THE BUTTE LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO

UTILIZE COUNCIL CHAMBERS FOR MONTHLY MEETINGS
The Council considered and approved an agreement with LAFCo to allow the use of the City Council Chambers for LAFCo meetings. These meetings will occur the first Thursday each month unless a special meeting is necessary.

4. SECOND READING OF ZONING CODE AMENDMENT ZC22-02 RELATING TO BINGO GAMES AND AMENDING OROVILLE MUNICIPAL CODE SECTION 5.24.250 TO BE CONSISTENT WITH STATE REGULATIONS.

The City Council approved the second reading and introduced by title only, Ordinance No. 1864 - AN ORDINANCE OF THE OROVILLE CITY COUNCIL AMENDING SECTION 5.24.250 OF

THE ZONING CODE OF THE CITY OF OROVILLE CONSISTENT WITH STATE LAW

RELATING TO THE OPERATION OF BINGO GAMES TO INCREASE THE AMOUNT OF PROCEEDS ALLOWED PER MONTH FROM $1,000 TO $2,000 FOR OPERATING COSTS.

5. SECOND READING OF ZONING CODE AMENDMENT ZC22-01, PROPOSED REVISION OF OROVILLE MUNICIPAL CODE TO ADD CHAPTER 17.17 RELATING TO THE REGULATION OF MASSAGE ESTABLISHMENTS AND INDEPENDENT MASSAGE PROVIDERS.

The Council approved the second reading and introduced by title only, Ordinance No. 1863 - AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADDING CHAPTER 8 Item 1.

May 03, 2022~4:00 PM Oroville City Council Meeting Minutes Page 3 of 4

17.17 OF THE ZONING CODE OF THE CITY OF OROVILLE RELATING TO THE

REGULATION OF MASSAGE ESTABLISHMENTS AND INDEPENDENT MASSAGE

PROVIDERS
PUBLIC HEARINGS – 5:15 PM
Mayor Reynolds opened the public hearing at 5:34pm.

6. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE RELATED TO THE

ADOPTION OF A MILITARY EQUIPMENT USE POLICY (SECOND READING), ADDING TO CHAPTER 9 SECTION 9.25
The Council conducted a public hearing to receive public input on and provide direction regarding the adoption of Ordinance NO. 1865, an ordinance on Military equipment use policy for the Oroville Police Department
Motion by Council Member Smith and second by Council Member Goodson to waive the second reading and adopt, Ordinance No. 1865 – AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF OROVILLE ESTABLISHING A MILITARY EQUIPMENT USE POLICY, AMENDING TITLE 9 TO INCLUDE CHAPTER 9.25 MILITARY EQUIPMENT USE POLICY, FOR THE CITY OF OROVILLE POLICE DEPARTMENT PURSUANT TO ASSEMBLY BILL 481. Motion passed.

AYES: Goodson, Hatley, Smith, Pittman, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None

REGULAR BUSINESS

7. TRANSPARENCY SOFTWARE
The Council considered approving the authorization of switching software for transparency software from OpenGov to ClearGov.

Motion by Council Member Goodson and second by Council Member Riggs to authorize the Mayor to sign a contract with ClearGov for annual transparency software. Motion passed unanimously.

AYES: Goodson, Hatley, Smith, Pittman, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None

8. RECONSIDERATION FOR AUTHORIZATION TO AWARD CONTRACT FOR TREE

PRUNING SERVICE
The Council reconsidered the action taken at the April 19, 2022, meeting to reject all bids, and may award a contract for tree pruning services within the City’s public right of way to P31 Enterprises, Inc. in an amount not to exceed $1,595.00 per day or $120,000.00 annually.

Motion by Council Member Goodson and second by Council Member Hatley reconsider the item of April 19, 2022 and to authorize Staff to award the bid and sign a contract for tree pruning services within the City’s public right of way to P31 Enterprises, Inc. Motion passed.

AYES: Goodson, Hatley, Pittman, Riggs, Reynolds
9 Item 1.

May 03, 2022~4:00 PM Oroville City Council Meeting Minutes Page 4 of 4 NOES: Thomson, Smith
ABSTAIN: None
ABSENT: None

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
a. Smith – provided a Feather Fiesta Days update and a First Fridays Update b. Reynolds – Spoke about Feather Fiesta Days activities.

2. Future Agenda Items
- Public Hearing Times for meetings - Mayor

3. Administration Reports
a. Nevers – Mentioned that construction has commenced on the Art Wall on Table Mountain Blvd and provided other departmental reports.
b. Wright – Mentioned that staff are working on the Budget c. Huber – Mentioned he is tracking a bill related to allowing cannabis growers to sell at farmers markets outside the sellers permit process.
d. Belser – Mentioned that new employees are starting May 9th, also gave a department update.

4. Correspondence
i. FERC Correspondence
ii. Code Enforcement Update

ADJOURN THE MEETING
Mayor Reynolds adjourned the meeting at 6:08pm.

APPROVED: ATTESTED:
_____________________________ __________________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 10 Item 1.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR OF BUSINESS ASSISTANCE

AND HOUSING DEVELOPMENT
RE: OROVILLE CITY EMPLOYEE MORTGAGE ASSISTANCE

PROGRAM
DATE: MAY 17, 2022

SUMMARY
The council may consider authorizing modifications to the Oroville Safety Mortgage assistance program guidelines.

DISCUSSION
On May 15, 2007, council authorized staff to develop an Oroville Police Officer Mortgage Subsidy Program, which was later modified to include Fire Safety Officer.

Presently, staff is recommending including all qualified city employees and to change the program name to Oroville City Employee Mortgage Assistance Program (OCEMAP).

Other terms to be changed include the following:
 Employees must be full-time, permanent employees of no less than 24 months who have passed their probationary period (Police: 18-month probation plus 6 months; all other employees: 12-month probation plus 12 months)  Increase loan amount from $25,000 to $50,000 or 20% of purchase price; whichever is less.
 The term is deferred until the borrower is no longer employed by the City of Oroville. The loan will be immediately due and payable when employment with the City has been terminated, either voluntarily or involuntarily, property is sold, property is no longer the primary residence, Title is transferred, the property is rented or leased.
 Interest rate is 3% simple interest.
 Up to 10 loans per year, as funding is available.
11 Item 2.

Page 2 ends

FISCAL IMPACT
Funds are available in Fund 227 (Housing RLF). The fund balance as of the date of this staff report is $1,315,646. City is requesting up to $500,000 be made available the first year.

RECOMMENDATION
Authorize requested modifications to the OCEMAP as described in the staff report.

ATTACHMENTS
OCEMAP Program Guidelines
12 Item 2.

City of Oroville

OROVILLE SAFETY CITY EMPLOYEE

MORTGAGE ASSISTANCE PROGRAM
(OSMAPOCEMAP)

PROGRAM GUIDELINES
7/5/2011
Updated 11/19/19
13 Item 2.

CITY OF OROVILLE

OROVILLE CITY EMPLOYEE SAFETY

MORTGAGE ASSISTANCE PROGRAM
(OSMAPOCEMAP)

PROGRAM GUIDELINES

TABLE OF CONTENTS

I. PROGRAM PURPOSE ...................................................................................1 II. CONFLICT OF INTEREST ................................................................................1 III. GOVERNING DOCUMENTS..............................................................................1 IV. POLICY.........................................................................................................1 A. ELIGIBILITY..........................................................................................1

1. LOCATION ...................................................................................... 1

2. .........................................................................TYPES OF HOUSING 2

3. ....................................................................PROPERTY STANDARDS 2

4. ..................................................................MAXIMUM LOAN AMOUNT 3

5............................................................... FLOOD PLAN RESTRICTIONS 3

6. ...................................................LEAD BASED PAINT REQUIREMENTS 3 14 Item 2.

7. ........................................................................ACQUISITION NOTICE 4

8. ...........................................................RELOCATION REQUIREMENTS 4

9. ..............................................................APPLICANT QUALIFICATIONS 4 B. MORTGAGE SUBSIDY LOAN AMOUNT ......................................................4 C. HOUSING EXPENSE & OVERALL FIXED DEBT RATIOS ............................5 D. PRIORITIES........................................................................................5 E. TERMS AND MORTGAGE SUBSIDY ASSISTANCE.........................................5

1. LOAN TERM....................................................................................5

2. SECURITY..............................................................................5

3. PAYMENTS ......................................................................................6

4. IMPOUND ACCOUNT..........................................................................6

F. SUBORDINATION, ASSUMPTION, & TRANSFER.........................................6 V. PROCEDURES ...........................................................................................8 APPLICANT PROCESSING ..........................................................................8

1. PURCHASE AND PRIMARY FINANCING .................................................8

2. PRIVATE LENDERS ...........................................................................9

3. PROPERTY INSPECTION................................................................... 10

4. LOAN APPROVAL.............................................................................11

5. LOAN CLOSING.............................................................................. 12

6. LOAN SERVICING ........................................................................... 12 15 Item 2.

7. LOAN SERVICES ............................................................................ 12

8. LOAN PAY-OFF .............................................................................. 12

9. DEFAULTS AND FORECLOSURES........................................................ 12

10. EQUAL OPPORTUNITY AND FAIR HOUSING ........................................... 13

ATTACHMENTS
EXHIBIT "A": LOAN AGREEMENT
EXHIBIT "B ": PROMISSORY NOTE
EXHIBIT "C": DEED OF TRUST
16 Item 2.

OPOHAP Guidelines Page1 05/20/08
I. PURPOSE
The OSMAP Oroville City Employee Mortgage Assistance Program OCEMAP is a program designed to serve as a recruitment and retention incentive and to provide mortgage assistance to sworn officers of theCity of Oroville City Police Department and firefighters of the Oroville Fire DepartmentEmployees in the form of secondary loans, for the purchase of a principal residence.

The purpose of the Oroville Safety Mortgage Assistance Program (OSMAPOCEMAP) is to encourage employment longevity of sworn police officers in the of Oroville Police Department as well as Firefighters, Fire Engineers and Fire CaptainsEmployees that are full-time, permanent employees for the City of Oroville Fire Departmentand have been employed by the City for no less than 24 months and have passed their probation period as follows:

Police: 18 months probationary plus, 6 months for a total of 24 months.

All other employees: 12 months probationary, plus 12 months for a total of 24 months..

The borrower’s primary residence must be the home residence assisted through the OSMAPOCEMAP.

II. CONFLICT OF INTEREST
Any person who is an employee, agent, consultant, officer, or elected official or appointed official of the City of Oroville who exercises or exercised any functions or responsibilities with respect to activities assisted with city of Oroville funds or who are in a position to participate in a decision-making process or gain inside information with respect to these activities, may not obtain financial interest or benefit from a City of Oroville-assisted activity, or who have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties during their tenure and for one year thereafter.

III. GOVERNING DOCUMENTS
All covenants, conditions, and stipulations contained within the OPOHAP OCEMAP Deed of Trust, Promissory Note, and Loan Agreement are incorporated by this reference and made part of these OSMAP OCEMAP guidelines. The referenced loan documents are attached hereto as 17 Item 2.

OPOHAP OCEMAP Guidelines Page 2 05/20/08
Exhibits “A”, “B”, and “C”.

Information contained within the referenced loan documents is to be interpreted in conjunction with these program guidelines.

IV. POLICY
A. ELIGIBILITY

1. Location
Loans will be made only for property located in residentially zoned areas within the Oroville city limits.

2. Types of Housing
The OSMAP OCEMAP was designed to provide mortgage
subsidies to borrowers purchasing existing homes or homes that will be completely constructed upon close of escrow (new construction) and are located within the Oroville City limits.

The OSMAP OCEMAP assistance shall not be used as a
construction loan; however, an OCESMAP applicant may
enter into contract on a home not yet constructed as long as the home construction is completed, and the house is ready to occupy, before any OSMAP OCEMAP assistance shall be
provided (before any funds are released).
a. Existing single-family home or newly constructed
hHome completed prior to close of escrow
b. A single-family manufactured home (including a
mobile home) that was manufactured no more than
ten (10) years prior to the date of the application for the issuance of a permit to install the manufactured
home (in accordance with Government Code
§65852.3(a)), provided it is placed on a permanent
foundation and siding extended to the foundation in a
manner consistent with conventional homes.
c. Existing multi-family units or newly constructed multifamily units completed prior to close of escrow which provides for individual ownership of the units, (i.e.,
18 Item 2.

OPOHAP OCEMAP Guidelines Page 3 05/20/08
condominiums or town houses).

3. Property Standards for Existing Units/Eligible Acquisition a. All housing units must meet all applicable State and Local codes and ordinances, and zoning ordinances
by the close of escrow.
b. Requirements for home or newly constructed home
ownership of existing property prior to transfer of the ownership interest:

1. Before transfer, the Housing Development
Supervisor or Building Inspector will inspect the
property for any defects that pose a danger to
health and will notify the prospective purchaser
of work needed to cure defects, the time by
which defects must be cured and applicable
property standards met as follows:
i. Housing must be free from all noted
health and safety defects before
occupying.
ii. Housing must meet all applicable local
codes and Housing Rehabilitation
Standards prior to transfer of the
ownership interest.
c. Property must be used as principal residence of
applicant.
d. The house must have a reasonable number of
bedrooms to accommodate for the household size.

4. Maximum Loan Amount
An amount that, when added to the outstanding
indebtedness (the primary loan and OSMAP OCEMAP loan
subsidy) on the property, creates a total indebtedness that does not exceed 100% of the appraised value or market
value estimate, unless special LAC approval is given to exceed appraised value.

All out-of-pocket costs such as appraisal, credit report, private lender fees and points, title costs, recordation fees, building permits, legal fees, etcetera shall be borne by the borrower unless special LAC approval is given to include some non-reoccurring closing costs into the loan.
19 Item 2.

OPOHAP OCEMAP Guidelines Page 4 05/20/08

5. Floodplain Restrictions
Housing located in a 100-year floodplain will not be eligible for OSMAP OCEMAP assistance.

6. Lead-Based Paint Requirements
OSMAPOCEMAP-assisted properties constructed in or prior to 1978 will meet lead-based paint requirements prior to purchase as follows:
a. Lead-based paint notifications are given to
purchasers;
b. Properties will be inspected for defective paint
surfaces; and
c. If defective paint surfaces are found, they will be
properly abated in accordance with State Regulations.
d. Should the appraisal note any chipped and/or peeling paint, the City will require further review that will
include testing by a certified specialist, abatement and subsequent clearance before any OSMAP OCEMAP
funding can be provided.

7. Acquisition Notice
Acquisition notice containing the items listed below will be provided to the seller prior to making the purchase offer:
a. The purchaser has no power of eminent domain and,
therefore, will not acquire the property if negotiations fail to result in an amicable agreement;
b. An estimate of the fair market value of the property.

If an acquisition notice is not provided prior to the purchase offer, a provision that the seller may withdraw from the agreement after this information is provided.

8. Relocation Requirements
Tenant-occupied properties will not be eligible for City of Oroville OSMAP OCEMAP assistance.

9. Applicant Qualifications
20 Item 2.

OPOHAP OCEMAP Guidelines Page 5 05/20/08
Applicant must be employed full-time, by the City of Oroville for a minimum of 24 months, and must have passed their
probationary term per MOU. as a sworn officer with the
Oroville Police Department or as a Firefighter, Fire Engineer or Fire Captain that are permanent, full-time employees for the City of Oroville Fire Department at the time of application or provide documentation of impending hire.

Applicant must have a positive credit profile with no
outstanding collections, foreclosures or bankruptcies and qualify
for a fully- amortized, fixed rate prime loan with a private lender.

B. MORTGAGE SUBSIDY LOAN AMOUNT
The amount of OSMAP OCEMAP mortgage subsidy assistance will be a flat amount of $25,000.50,000 or 20% of purchase price, whichever is less.

C. HOUSING EXPENSE and OVERALL FIXED DEBT
RATIOS
The qualifying housing expense ratio and overall fixed debt ratio shall be determined by the borrower’s primary lender.

The primary lender shall base the applicant’s qualifying housing expense and overall fixed debt ratios on a prime rate loan that is fully amortized.

D. PRIORITIES

1. The initial funding for the program shall be allocated on a first come first serve basis. A maximum of five (5) OSMAP OCMAP loans will be funded per year, as funding is
available.

2. Priority shall be named on the date of the OSMAP OCEMAP receipt of written notification of a completed loan package from the primary lender.

E. TERMS OF MORTGAGE SUBSIDY ASSISTANCE

1. Loan Terms
21 Item 2.

OPOHAP OCEMAP Guidelines Page 6 05/20/08
The loan amount shall be $25,00050,000 or 20% of the
purchase price , whichever is less with simple interest thereon, at the rate of four three percent (43%) per annum for each year for the first ten (10) years, commencing on the date of the Promissory Note. All principal and interest to be due and payable at the time and in the manner as provided for by the Promissory Note.

The loan term of the OSMAP OCEMAP loan is deferred until termination of employment with the City of Oroville, as a sworn officer of the Oroville Police Department or as a Firefighter, Fire Engineer or Fire Captain that are permanent, full-time employees for the City of Oroville Fire Department with a minimum 5-year deferment from the date of the Deed of Trust.

The loan shall become immediately due and payable
through the occurrence of one of the following events:
• Employment with the City of Oroville has been
terminated, either voluntarily or involuntarily.
• Property is sold,
• Title is transferedtransferred,
• Any portion of the property is rented or leased,
• Property is no longer the borrower’s primary residence, • Or as otherwise stipulated in the OPOHAP OCEMAP
loan documents.

The OSMAP OCEMAP loan documents detail all loan terms
in their entirety. Please reference Exhibits “A”, “B”, and “C” attached to these program guidelines.

2. Security
The OSMAP OCEMAP loan is secured by a Deed of Trust
and shall be subordinated only to a first Deed of Trust from the primary lender.

3. Payments
Payments of principal and interest are deferred until the borrower is terminated from employment with the City of Oroville. as a sworn officer of the Oroville Police Department or as a Firefighter, Fire Engineer or Fire Captain that are permanent, full-time employees for the City of Oroville Fire Department with a minimum 5-year deferment from the date of the Deed of Trust.
22 Item 2.

OPOHAP OCEMAP Guidelines Page 7 05/20/08
Payments of principal and interest shall become due and payable upon sale, lease, or transfer of the property, or when the homeowner ceases to occupy the property as their principal residence.

4. Impound Account
An impound account will be set up for all primary mortgage loans. Impound accounts will include funding for property taxes, assessment fees, and insurance for the life of the silent OSMAP OCEMAP loan.

F. SUBORDINATION, ASSUMPTION & TRANSFER
The purpose of the Oroville Safety Housing Assistance Program (OSHAPOCEMAP) is to serve as a recruitment incentive and encourage the longevity of sworn officers in the Oroville Police Department or as a Firefighter, Fire Engineer or Fire Captain that are permanent, full-time employees for the City of Oroville Fire Department. The officer’s primary residence shall be in the Oroville City limits.

The Promissory Note is not automatically assumable,
butassumable but is subject to Section 711.5 of the California Civil Code which allows the City to accelerate all amounts due under the Note if one of the Borrowers is no longer a sworn officer with Oroville Police Department or or as a Firefighter, Fire Engineer or Fire Captain that are permanent,the employee is no longer a fulltime employees for the City of Oroville.Oroville Fire Department with a minimum 5-year deferment from the date of the Deed of Trust.

Although Borrower may sell or transfer the Property without causing the principal and any outstanding interest which hereafter accrues under the Promissory Note, to become immediately due and payable, provided Borrower has obtained written consent from the City of Oroville prior to such sale or transfer.

Complete property transfer and loan assumption parameters and specifics are outlined in the OSMAP OCEMAP loan documents that are attached hereto as Exhibits “A”, “B”, and “C”.

At the sole option of the City of Oroville, the City may require the execution of a new Oroville Police Officer Housing Assistance ProgramOCEMAP Loan Agreement, Promissory Note, and new
Deed of Trust securing the Promissory Note with any loan modification(s).
23 Item 2.

OPOHAP OCEMAP Guidelines Page 8 05/20/08
In the event a loan recipient requests the City of Oroville to subordinate its OSMAP OCEMAP loan to a new Deed of Trust, the Director ofDirector/Manager of Business Assistance and Housing Development will prepare a report for the City Administrator which contains the following information:

1. The primary lender, requesting the subordination,
shall provide the City with a summary of the proposed
primary loan that includes, but is not limited to the
following:
a. Loan amount;
b. Interest rate;
c. Proposed housing expense ratio and overall
fixed debt ratio;
d. Current appraised value

2. The primary lender, shall also provide the City with a summary of the original loan terms that includes, but
is not limited to the following:
a. Original loan amount;
b. Original interest rate;
c. Original housing expense ratio and overall
fixed debt ratio;
d. Original appraised value

3. Primary lender shall provide a statement indicating
whether the owner is receiving cash or paying off
other debts from the funds received through the
refinancing of the loan.

4. The City Administrator will evaluate the report and
determine the effect of the request on the City original loan security.
a. If the City’s position is enhanced, the City
Administrator may approve the subordination
agreement.
b. If the City’s position is reduced or the City
Administrator does not recommend approval,
and an appeal is requested by the applicant,
the City Administrator shall forward the request
to the Loan Advisory Committee (LAC).

The LAC may approve or deny a request for
subordination or may recommend
24 Item 2.

OPOHAP OCEMAP Guidelines Page 9 05/20/08
consideration by the City Council.

5. Applicants denied OSMAP OCEMAP assistance, or
are otherwise dissatisfied with financing decisions,
may request a review hearing with the three member
Housing Appeals Board) consisting of two members
of the City Council and the Mayor.

A request for review must be submitted, within fifteen
(15) days following the notification to the applicant, of the City Administrator’s decision, to deny the request
for subordination, assumption, or transfer. The appeal
must be made writing to the Director
Director/Manager of Business Assistance and
Housing Development.

V PROCEDURES
A. APPLICANT PROCESSING

1. Purchase and Primary Financing
a. It is suggested that the applicant first find a lender and become pre-qualified for the loan, then look for a home to purchase.
b. Applicants are not required to use any particular bank or brokerage and are encouraged to seek competitive
market financing. The Business Assistance and Housing
development staff will assist with any questions or
concerns that applicants may have.
c. The primary lender shall provide applicant with a fullyamortized prime rate loan. Further, the lender shall determine qualifying housing expense and overall fixed
debt ratios in accordance with the terms of the prime rate loan.

Upon securing a lender and providing an address for the purchase, an escrow account shall be opened and a
tentative date for closing shall be established.

The purchase agreement should be written in such a way
that if the sale of the home does not come to completion, any deposit made by the borrower will be returned in full.

The lender shall provide a copy of a preliminary title
25 Item 2.

OPOHAP OCEMAP Guidelines Page 10 05/20/08
report, a copy of escrow instructions, a copy of an
appraisal, complete lender’s package, and a copy of the lender’s Letter of Commitment, which shall include the
terms of the loan, to the City. These documents must be provided to the City before the LAC can be called. At a minimum, a full sixty-day (60) escrow is required for all OPOHAP OCEMAP loans.

It is the responsibility of the borrower/lender to notify the Business Assistance and Housing Development staff that
escrow has opened.
d. When all items have been received, the Business
Assistance and Housing Development staff will prepare
the loan request and present a summary of information to the LAC. Full lender packets (excluding appraisal
information only) will be required by the agenda cut-off date in order to be scheduled for the meeting. Lender
packets not received by agenda cut-off dates will be held until the next scheduled meeting date. Lender packets
will be returned if incomplete.

A Deed of Trust, Promissory Note, Loan Agreement,
Truth in Lending, Request for Notice and any other
documents the Business Assistance and Housing
Development staff may request, will be signed in escrow by the buyers. This transaction shall be concurrent with the signing of the first mortgage lender's loan documents. e. Before incurring appraisal costs, the Department of
Business Assistance and Housing Development must be
called to verify that the loan has been approved by the City’s LAC and that loan funding is still available.

Verification will be the responsibility of the
borrower/lender.
f. Upon close of escrow a policy of title insurance will be issued and a certified copy of closing statements shall be required for the file.
g. All properties selected must be inspected by the City Building Department and/or Housing Development
Supervisor two weeks prior to the scheduled LAC review
dates. It is the responsibility of the borrower/lender/real estate agent to call the Building Department and
schedule an appointment.

2. Private Lenders
26 Item 2.

OPOHAP OCEMAP Guidelines Page 11 05/20/08
a. Lender will determine the loan eligibility of the applicant.

Business Assistance and Housing Development staff will
verify subsidy eligibility based on City OSMAP OCEMAP
policies. Stated loans are not eligible primary financing for the OSMAP subsidy.
b. Lender performs all underwriting criteria on the loan.

The qualifying housing expense ratio and the overall
fixed debt ratio shall be determined by the primary
lender.

The primary lender shall base the applicant’s qualifying housing expense and overall fixed debt ratios on a fully amortized fixed rate prime loan.
c. Lender performs all credit analysis on applicant. All costs, up-front and closing, shall be paid by the borrower.

The borrower shall not be reimbursed for these costs at any time.

Closing costs may not be included in the primary
mortgage or the City OSMAP OCEMAP loan.
d. Lender transmits to Business Assistance and Housing
Development staff a current (within 90 days) title report and appraisal. In the event the lender does not require either document, the applicant will provide them.
e. Lender advises the Business Assistance and Housing
Development staff of preliminary loan approval and the
applicant's request for a OSMAP OCEMAP mortgage
subsidy.
f. All loans must be FHA approved (or equivalent i.e.: Cal Vet, Fannie Mae, Freddie Mac, USDA Rural
Development, etcetera).

3. Property Inspection
a. All properties selected must be inspected by the City Building Department and/or Housing Development
Supervisor two weeks prior to the scheduled LAC review
dates. It is the responsibility of the borrower/lender/real estate agent to call the Building Department and
schedule an appointment.
b. The property will also be inspected for lead-based paint hazards. A list of corrections or deficiencies that will need 27 Item 2.

OPOHAP OCEMAP Guidelines Page 12 05/20/08
to be made will be submitted to the seller, real estate agents, and/or lenders. It will be the responsibility of the parties involved to make the necessary corrections prior to the close of escrow.

It is the responsibility of the lender or real estate agent to call the Department of Business Assistance and Housing
Development at 530-538-2495 to schedule the property
inspections, and re-inspection to clear any possible
deficiencies.
c. The City of Oroville, however, is under no obligation to make or supervise the repairs and improvements.

Inspections by the Business Assistance and Housing
Development staff and/or City of Oroville is for the sole purpose of protecting the City’s security and is not to be construed as a representation that the repairs and
improvements will be free from faulty material or work.

The owner has the right to, and may make or cause to be made, other independent inspections as desired for
his/her own protection.

Prior to initial occupancy after transfer of ownership, property must be free from health and safety defects.

The unit must meet all property standards prior to the
close of escrow.

4. Loan Approval
a. Loans will be approved by the Loan Advisory Committee (LAC) established by the Oroville City Council.
b. Loan requests requiring exceptions to these guidelines shall be considered by the LAC. The LAC shall have the
authority to approve a loan-to-value (LTV) ratio (primary loan plus the city loan) exceeding 100% appraised value on a case- by- case basis. An example where this might
occur would be in the event the appraised value is
exceeded to allow the upfront financed mortgage
insurance or a portion of the non-reoccurring closing
costs to be included within the City’s $2550,000 loan
amount. A more extensive circumstance than above may
require City Council consideration.
c. Loans that have been approved by LAC, including the
information from the primary lender, must remain the
same as approved by LAC upon close of escrow.
28 Item 2.

OPOHAP OCEMAP Guidelines Page 13 05/20/08
d. Any changes to the loan amount, term, rate, etc. on the primary loan shall have to be approved by LAC. The only exception to this rule is if the interest rate should change before escrow closes due to an unforeseen reason. If
this should occur, the Director Director/Manager of the Business Assistance and Housing Development
Department shall have the authority to accept minor
fluctuations in the interest rate on the primary loan and everything else complies with Program Guidelines.

5. Loan Closing
a. City deposits a OCESMAP mortgage subsidy with loan
documents and appropriate instructions in escrow. The
City Administrator is authorized to execute loan
documents on behalf of the City of Oroville loans
approved in accordance with these guidelines and other
loan criteria as stipulated in the OCESMAP loan
documents.
b. Loan documents are signed by the applicant and
recorded concurrently with loan documents from a
primary lender.

6. Loan Servicing
a. Loan repayments will be processed by the Finance
Department.
b. Annual monitoring to confirm program compliance will be performed by the Business Assistance and Housing
Development staff.

7. Loan Services
Loan repayment documents will be processed by the
Business Assistance and Housing Development Department
staff.

8. Loan Pay-Off
Loan pay-off specifics are outlined in the OPOHAP OCEAP loan documents that are attached hereto as Exhibits “A”, “B”, and “C”.

9. Defaults and Foreclosure
When a first mortgage loan goes into default, every effort will be made by the Business Assistance and Housing
29 Item 2.

OPOHAP OCEMAP Guidelines Page 14 05/20/08
Development Department staff to work with the borrower to resolve the problem, and attempts will be made to work out viable solutions.

10. Equal Opportunity and Fair Housing
No person shall, on the grounds of race, color, national origin, religion, or sex be excluded from participation; denied benefits; or be subjected to discrimination relating to program benefits, employment, contracting, and/or fair
housing under any City of Oroville Program.

Approval:
05/20/08
30 Item 2.

OPOHAP OCEMAP Guidelines Page 15 05/20/08
31 Item 2.
32 Item 2.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: AMY BERGSTRAND, DIRECTOR

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: TRANSFER FUNDS FROM 20-CDBG-CV23-00113 UTILITY
ASSISTANCE PROGRAM TO 20-CDBG-CV23-00112 WYANDOTTE

ACADEMY IMPROVEMENTS
DATE: MAY 17, 2022

SUMMARY
The Council may consider transferring the remaining funds associated with standard agreement 20-CDBG-23-00113 to standard agreement 20-CDBG-23-00112.

DISCUSSION
On October 5, 2021, Council accepted standard agreement, 2020-CDBG-CV23-00113 (Utility Assistance Program (UAP)) in the amount of $113,000 and standard agreement, 20-CDBG-CV23-00112 (Wyandotte Academy Improvements) in the amount of $396,864. Program Guidelines were approved, applications were made, and marketing was established, however there has been no interest in the Utility Assistance Program.

According to the City’s sub-recipient, Community Action Agency, the reasons there has been no interest are that the documentation requirements of the Coronavirus allocation are onerous and some of the utility companies also received financial assistance from the State and were able to cure their customer’s late payments.

Due to impending expenditure deadlines and no interest in the program, staff is recommending that the City transfer the remaining funding from the UAP program in the amount of $112,488.65 to the Wyandotte Academy project that will increase the scope of work to include a new mow strip surrounding the project. Staff has submitted this request to State Community Development Block Grant program for approval.

The other option is to disencumber the funds to the State. 33 Item 3.

Page 2 ends

FISCAL IMPACT
No fiscal impact other than transferring between project budgets.

RECOMMENDATION
Approve the transfer of 20-CDBG-CV23-00113 grant funds to 20-CDBG-CV23-00112 and to increase the scope of work.

ATTACHMENTS
None
34 Item 3.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, COMMUNITY DEVELOPMENT DIRECTOR

DANIEL KOPSHEVER, ASSISTANT PLANNER
RE: HISTORIC PRESERVATION AWARD PROGRAM OF THE OROVILLE HISTORIC ADVISORY COMMISSION.

DATE: MAY 17, 2022

SUMMARY
The City Council will consider approving the creation of an annual award to honor outstanding achievement in Oroville historic revitalization, the administration of which will be by the Oroville Historic Advisory Commission and will include creating an inventory of current and potential sites.

DISCUSSION
On April 28, 2022, the Planning Commission approved the Historic Preservation Award Program for adoption and implementation for 2022. This award program intends to celebrate Oroville’s history and encourage the revitalization of historically significant structures in the Downtown and city-wide through the administration of this award program. The Historic Advisory Commission will advise the city council of the historic nature and historic value of any landmarks and landmark sites, promote and conduct educational and interpretational programs on historic properties (subject to approval by the city council), and provide the city council with an inventory of existing and future landmarks and landmark sites. These actions are the Commission’s duties as described in OMC 17.56.050.

Award goals include encouraging architecturally period-appropriate rehabilitation, as well as economically stimulating adaptive reuses of historic properties. Property and building owners are to be awarded for stewarding the best and highest use of historic structures to further the glorification of Oroville’s historic heritage and values.

Award criteria is any combination of architectural or landscape restoration or preservation, dedication to the history of a site within the context of Oroville, sustainable reuse that fosters economic growth, and outstanding perpetual stewardship.

Administration of the award will be by the Historic Advisory Committee, sponsored by the City of Oroville, and presented at the City Council. The Historic Advisory Committee will choose at least one award winner per year. Awardees will receive a plaque (ranging in cost from $300 to $500), be invited to host a reception and tour, given recognition in local press, and honored with a reception with refreshments and signage (reception ceremony cost of approximately 35 Item 4.

Page 2 ends

$500). The Commission will solicit corporate sponsorships to help promote and support the award, its implementation, its promotion, and its longevity.

FISCAL IMPACT
Nominal costs of up to $1000 per year

RECOMMENDATION
Approve the Historic Preservation Award Program of The City of Oroville Historic Advisory Commission and adopt resolution no. 9046.

ATTACHMENTS
A. Historic Preservation Award Description
B. Resolution #_____ approving The Historic Preservation Award Program 36 Item 4.

Page 1 of 2 ends

CITY OF OROVILLE
RESOLUTION NO. 9046

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA,

AUTHORIZING AND DIRECTING THE OROVILLE HISTORIC ADVISORY COMMISSION TO ADMINISTER THE ANNUAL HISTORIC PRESERVATION AWARD.

WHEREAS, The City of Oroville Planning Commission approved the Historic Preservation Award on April 28, 2022 and recommends that the City Council adopt and implement it for 2022; and
WHEREAS, the Historic Preservation Award shall celebrate and encourage the exemplary revitalization and preservation of historic structures and sites in the Downtown and citywide; and
WHEREAS, the duties of the Oroville Historic Advisory Commission shall be advanced by the administration of the Historic Preservation Award; and WHEREAS, it is therefore in the best interest of the city to adopt this resolution; and WHEREAS, The Oroville Historic Advisory Commission is available and competent to administer the required award program on behalf of the city.

NOW, THEREFORE, BE IT RESOLVED by the Oroville City Council as follows:

Section 1. The Oroville Historic Advisory Commission is hereby authorized and directed to expand its duties to include the administration of The Historic Preservation Award.

Section 2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on April 5, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
37 Item 4.

Page 2 of 2 ends

APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 38 Item 4.
1 Historic Preservation Award Program
of the
Oroville Historic Advisory Commission
The Historic Advisory Commission hereby creates an annual award to honor outstanding achievement in downtown and city-wide historic revitalization.

1. Duties of the Commission. This award is intended to advance the mission and duties of the Commission, to wit:
a. Duties of the Commission. The historic advisory commission shall have the following duties (from OMC 17.56.050):
i. To advise the city council of the historic nature and historic value of any landmarks and landmark sites proposed by property owners within DHO districts. ii. To recommend specific guidelines, subject to city council approval for designation and development of landmarks and landmark areas. iii. To promote and conduct educational and interpretational programs on historic properties within DH-O districts, subject to approval by the city council.
iv. To provide the city council with an inventory of existing landmarks and landmark sites, as well as an inventory of possible future landmarks and landmark sites, within the city.
v. To provide the city council with an inventory of contributing and noncontributing features within existing DH-O districts. vi. To perform any other duties, responsibilities and functions enumerated in this chapter. (Ord. 1749 § 4; Ord. 1790 § 2)

2. Historic Preservation Award Program Goals.
a. To honor outstanding achievement in architecturally period-appropriate rehabilitation and economically stimulating adaptive reuse of Oroville’s historic properties. b. To preserve and glorify Oroville’s historic heritage and values. c. To encourage building owners to rehabilitate and maintain historic structures stewarding their best and highest use while preserving historic qualities.

3. Award Criteria
a. The property or site, which can be anywhere in the city, must exhibit several of the following:
39 Item 4.
2 i. Outstanding period appropriate architectural and landscape restoration or preservation.
ii. Evidence of an understanding of and dedication to the history of the structure or site within the context of Oroville’s history. iii. A commitment to excellence in ongoing stewardship of the property.
iv. Sustainable reuse that brings economic vitality to the City of Oroville and/or stimulates the local economy.
v. Compliance with the general plan, city codes, zoning and ordinances.
vi. Importance within the context of Oroville’s history.

4. Administration
a. The awards are sponsored by the City of Oroville and are administered by the Historical Advisory Committee and presented by the City Council. b. The Historic Advisory Committee will choose a minimum of one property per year to receive this award.
c. The committee may consider awards for more than one property per year. d. The award will be consistent with the criteria of the California Office of Historic Preservation.
e. The Commission will solicit corporate sponsorships to help promote and support the award, its implementation, its promotion, and its longevity. f. Awardees will receive a plaque, be invited to host a reception and tour, recognition in local press, and may receive additional support from the City.

5. Potential cost
a. Plaque Design TBD
b. Plaque Cost -- $300 to $500
c. Reception refreshments and signage -- $500
d. Promotion – By Commissioners and City staff.
40 Item 4.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: AUTHORIZE GENERATOR PURCHASE FOR SEWER DEPARTMENT

EQUIPMENT
DATE: MAY 17, 2022

SUMMARY
Council may consider and approve the purchase of an emergency replacement generator for the Olive Glen sewer pump station.

DISCUSSION
Staff is seeking the approval to purchase a 2022, 125 KVA Doosan generator from Rental Guys for an emergency replacement of the generator at the Olive Glen sewer pump station. The current unit is over 50 years old, no longer complies with state regulations and parts are no longer available for replacement.

Should this piece of equipment fail the result would be uncontrolled wastewater flow into adjacent waterway, subsequently causing potential fines from the Regional Water Quality Control Board. Potential fines would begin at $0.10 per gallon and go up from there. Not to mention the potential environmental impact to the adjacent waterway and neighboring properties.

Staff contacted three vendors and received the attached quote from Rentals Guys who was able to provide the specific generator at a low price and with timely delivery of the equipment.

FISCAL IMPACT
Total cost for equipment was $63,401.73 and is funded through the sewer department equipment purchase 4101-8020.

RECOMMENDATION
Approve the emergency purchase of the 2022, 125 KVA Doosan generator from the Rental Guys Rental Equipment Center.

ATTACHMENTS
Rental Guys
41 Item 5.
42 Item 5.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: RUTH WRIGHT, ASSISTANT CITY ADMINISTRATOR,

ADMINISTRATIVE SERVICES

DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT

DIRECTOR
RE: TAX AND LICENSE ADMINISTRATION
DATE: MAY17, 2022

SUMMARY
The Council may consider approving the authorization of tax and license administration services provided by MuniServices, LLC.

DISCUSSION
Currently the City is under contract with MuniServices, LLC for sales tax consulting and auditing. Staff has become aware of other services this company provides that would greatly enhance the way we bill, collect, and administer certain taxes and business licenses.

MuniServices, LLC has provided the City with services since 1993.

This solution would provide the City and taxpayers an easier way to process all tax and fee billing and payments, while providing the day-to-day ownership of responding to customer inquiries, tracking underpayments, issuing licenses, and comping reports.

MuniServices, LLC would provide the City with a portal where taxpayer can log in and file reports, apply for a business license offers electronic payment submission, something the City does not currently provide. This portal is to be maintained by MuniServices and City staff together.

Staff is requesting to add the following services:
 Business License Administration
 Business License Tax Discovery and Recovery Services
 Utility Users Tax Administration
 Transient Occupancy Tax Administration
 Transient Occupancy Tax Compliance Audit Services
Business License Administration
43 Item 6.

Page 2 ends

MuniServices, LLC will provide a secure interactive online government services portal whereby taxpayers can apply for a business license and pay without the need to come down to City Hall.

Annual billings will be generated from the portal as well. They maintain an ongoing administration cycle that includes filings and payments, generate and send invoices, error resolution, and follow up with staff regarding unpaid licenses. Cost for this service is $16 per license. We currently have approximately 1,343 licensees for an estimated cost of $21,488.00 annually. And a onetime set up fee of $5,000.00
Business License Tax Discovery and Recovery is offered on a contingency basis with a cost of 35% of revenue collected.

Utility Users Tax Administration
The Utility Users Tax portal will provide our payers a portal to submit forms and pay our Utility Users Tax. Cost is $4 per transaction. We have approximately 111 transactions per month for an estimated cost of $444 per month or $5,328.00 annually.

Transient Occupancy Tax Administration
This portal will provide these taxpayers a portal to fill out forms and submit payment. The cost is a flat $250.00 annual fee.

Transient Occupancy Tax Compliance Audit Services
These audit fees will be on a contingent fee of 30% of findings.

FISCAL IMPACT
Estimated annual cost of $27,066.00 for all services provided. And a one time set up fee of $5,000.00. This cost is well under a full-time budgeted position and is expected to save valuable staff time while also enhancing our taxpayer’s ability to report and pay for taxes and licenses.

RECOMMENDATION
Approve the Mayor to sign a contract with MuniServices, LLC.

ATTACHMENTS
MuniServices, LLC contract
Proposal for Tax and License Administration
44 Item 6.

LICENSE SERVICES

City of Oroville

PROPOSAL FOR

TAX & LICENSE ADMINISTRATION

AND BUSINESS LICENSE SERVICES
Submitted By:

MuniServices, LLC
1264 Hawks Flight Court,
Suite 270 El Dorado Hills, CA
95762
Attn: Tanmin Rima, Client Success Manager
Phone: 669.204.9539
Email: [email protected]
April 1, 2022
45 Item 6.

PROPOSAL FOR TAX & LICENCE ADMINISTRATION

AND BUSINESS LICENSE SERVICES

CITY OF OROVILLE 2 | Page
Table of Contents
QUALIFICATIONS AND EXPERIENCE........................................................................................................................................................... 4 SERVICES TO BE PROVIDED....................................................................................................................................................................... 5 TAX ADMINISTRATION SERVICES........................................................................................................................................................................ 5 BUSINESS LICENSE DISCOVERY AND RECOVERY ............................................................................................................................................... 26 COST PROPOSAL..................................................................................................................................................................................... 29 46 Item 6.

PROPOSAL FOR TAX & LICENCE ADMINISTRATION

AND BUSINESS LICENSE SERVICES

CITY OF OROVILLE 3 | Page
April 01, 2022
Ruth Wright,
Assistant City Administrator
Administrative Services
City of Oroville
1735 Montgomery, Oroville
CA: 95695
Subject: Proposal for Tax & License Administration and Business License Discovery & Recovery Services Dear Ruth
MuniServices, LLC (“MuniServices”) is pleased to submit this proposal to the City of Oroville (“the City”) for Tax Administration Services. We recognize that the City is looking for the traditional tax collection software solution. With that knowledge, we are hoping that MuniServices’ service model that has been enhanced with a number of selfempowering features and functions will be the best solution for the city. We welcome the opportunity to maximize local tax revenues and ensure ongoing funding for critical community services.

MuniServices offers the City the following:
► Experience: We are a full-service provider and leader of revenue enhancement services with over 40 years of history providing similar services to more than 900 local governments nationwide. ► We Know Oroville. MuniServices has contracted with the City of Oroville since 1993 and has provided a variety of tax related services. This includes Sales and Use Tax Auditing and reporting, Utility Users Tax Compliance Auditing services.
► Expert Tax Administration. Our solution provides the City an easier way to process all tax and fee payments, while unburdening staff of the day-to-day ownership of responding to customer inquiries, tracking underpayments, issuing licenses, and compiling reports.

All services proposed will be performed by full-time MuniServices managers and specialists with years of experience in providing administration, compliance and auditing services to other local government clients throughout the nation.

No subcontractors are required or proposed.

Our priority is to provide the City of Oroville with the highest level of customer service. We are providing Tanmin Rima, MuniServices’ Client Success Manager as the City’s point of contact. Should the City have any question or concerns, please feel free to contact her by phone at 669.204.9539.

Thank you,
Carl Kumpf
Chief Financial Officer
MuniServices, LLC
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QUALIFICATIONS AND EXPERIENCE
MuniServices has a distinguished team of business license and Tax administration experts who are ready to support the City of Oroville with these services. Our 40-year history of providing these services has resulted in a cohesive team of highly qualified and highly experienced personnel who actively provide these same services in support of our local government clients throughout the nation. Our experts will assist the City in pinpointing compliance issues, provide detailed reporting, and recover lost taxes on the City’s behalf. As detailed below, MuniServices has a dedicated team whose region-specific expertise has resulted in the discovery of millions in underreported taxes. Our team is comprised of our most long-tenured staff who have proven expertise in Business License and Tax Administration Services.

Each year, Avenu generates and administers over $1.8 billion in tax revenue for its local government clients just like the City of Oroville. As a reflection of our dedication to supporting local governments, Avenu received industry-wide recognition by being listed on the GovTech 100 for the 4th year in a row in 2022 for helping state and local governments serve their citizens.

As we have demonstrated earlier in this proposal, with a client base that spans the entire nation, MuniServices has the experience and capabilities necessary to support the City. Our national footprint, team of experts, decades of experience in providing these same services, and approach and methodologies that have been continuously refined since our founding, demonstrates to the City that MuniServices has the capabilities and resources needed to ensure the City is successful with this relationship.

Figure 1 - With Red dots representing MuniServices' offices, and Blue dots representing clients, MuniServices has extensive national footprint MuniServices offers revenue administration, compliance and collection services encompassing all general sources of local government tax revenues including Sales/Use, (including and accommodating special categories such as beer, wine, tobacco, gas, rentals etc.) Business License, Lodging, Insurance, Utility Users and Franchise Fees. Each tax typically involves its own tax basis, rate structure, filing schedule, taxpayer forms and notices, etc., all of which we configure specifically for our client’s needs.

MuniServices undertakes an annual SSAE 18 (formerly SSAE 16) independent audit of our data and funds disbursement processes and associated administration procedures and can provide the report from our latest audit upon request. 48 Item 6.

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Services to be Provided
MuniServices has detailed in this section the services to be provided to the City of Oroville.

TAX ADMINISTRATION SERVICES
Objectives and Methods
MuniServices’ technology enabled administration services for municipalities is designed to make our years of experience, expertise in verifying taxpayer compliance, and extensive tax administration resources available, thus allowing City staff to focus on the services at which you excel and not the burdens of the administrative process. We approach each new project with the expectation that we will configure and customize our standard services to meet our client’s needs, priorities, and preferences.

Because our system is already operating and needs only to be profiled and loaded with your tax and license data, MuniServices is uniquely qualified to ensure a timely and flexible transition plan that will ensure uninterrupted collection of current taxes and licenses.

Items we will request from the City are 1) existing taxpayer data, 2) authorization to act on the City’s behalf in accepting filings, payments and compliance/collection efforts, and 3) a designated City contact(s) who will be responsible for City oversight of the program.

Administration Scope of Work
With a disciplined and trained staff, online filing and payment capabilities, a secure facility, and robust, secure information systems, MuniServices can implement a process that replicates and enhances the City’s existing processes and cycle for business license, utility users tax and other taxpayer registrations and renewals. This process consists of the following components:
► New Client Set-up: create forms and reports, set up secure web access, and download new and updated account information
► Taxpayer Registration: create and maintain taxpayer database from client database and other sources, while maintaining a seamless process between initial registration and subsequent renewals and filings. ► Taxpayer Notification: provide tax and license forms and instructions by mail and online, initiate phone calls to businesses, and send reminders
► Form/Payment Processing: receive data and input into system, batch forms with payments, deposit checks, scan forms, post to taxpayer account, and timely disbursement of funds. ► Reconcile Returns and Initiate Compliance Efforts: reconcile filings and payments; verify accuracy of filing; apply late fees, penalties or interest; identify underpayments and refer to compliance process ► Taxpayer Services: provide prompt and effective customer service, quarterly newsletter, online forms, rates and instructions, toll-free support number and e-filing and payment options ► Interactive Online Government Services portal: detailed reporting available in hard copy and online, including detailed payment listing, daily/weekly/monthly reconciliation reports, delinquency reports and more. 49 Item 6.

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Figure 2 - Tax and License Administration Process
Understanding that one of the goals of the City of Oroville is to support the growth of businesses throughout the City, MuniServices believes that present interactions with the local business community can be enhanced through the addition of MuniServices’ revenue administration services, thereby encouraging and supporting the formation, expansion, and compliant participation of businesses in the City’s economy.

To ensure the processes, controls, departmental organization, employee make-up, taxpayer interaction and communication, training, technology and electronic media currently employed by the City are the most appropriate and effective to meet these objectives, MuniServices proposes to work to perform a high-level review of current practices and to assist in identifying opportunities for improvements. MuniServices provides its expertise based on several decades of delivering tax and fee management systems and consulting to municipalities.

The project start with an analysis of revenue sources, staff, resources and systems used to administer and collect revenue. We follow this with recommendations that ensure continuity for meeting current needs as well as accommodate future growth and other scenarios. Through our collaborative approach we work with City revenue management and staff to review processes, controls, departmental organization, employee make-up, taxpayer interaction and communication, training, technology and electronic media usage. 50 Item 6.

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To determine the optimum configuration of services, MuniServices revenue consultants will interview City management to identify priorities, questions, and areas of concern to the City, and obtain materials necessary to complete our review, including, but not limited to:
► Budget, org chart and list of systems used for the various revenue sources and functions, ► Lists of any third-party vendors used for mailing or imaging ► Copies of any forms currently used to obtain taxpayer information, communicate to the business community, or that require data entry
► Introductions and contact information for information managers and professionals identified by the City as resources for information on current processes or systems deployment Our preliminary recommendations designed for outreach and ongoing support for businesses that may otherwise be operating only on a home-based, marginal or occasional basis, “under the radar” of the City’s present business licensing process, and to reduce the burden of tax compliance on the part of currently registered small businesses include:

1. MuniServices suggests scheduling, promoting, and holding town hall type meetings/ taxpayer workshops in various locations within the City of Oroville to further communicate and assist taxpayers with updated tax and license processes. These informative meetings can include a live demo of the online processing system and a review of any updates to the remittance process. City staff typically play an important role in the success of the workshops, since we have found that businesses will be more engaged with a City representative working along with our staff.

2. MuniServices can provide the City with self-service kiosks at strategic locations selected for business taxpayer convenience that enable small businesses to register and renew business licenses at more convenient times and places. We recommend placing at least 2-4 such kiosks throughout the City.

Based on City requirements, MuniServices staff will work with the business to determine the nature of their business, locations, and other demographic details. Our new business team identifies all key data elements to ensure the business application is completed accurately, including reviews of tax classifications, and a detailed review with the business on the filing requirements they may have.

If the City elects to, our team also starts a parallel process for regulatory approvals and other validations. This allows the business to easily comply and/or obtain things like zoning approvals, home occupation permits, and other items that may assist the business in becoming compliant with other laws and regulations. Working in conjunction with other City departments, MuniServices offers an online tracking tool accessible by the City, to facilitate approvals required by other departments. This ultimately promotes compliance and provides additional customer service to the City and the business community

4. Taxpayer support and forms are available to the business community in Spanish.

5. Sole-proprietors and small businesses may find it difficult to find time to interact with the City’s offices during normal business hours. MuniServices’ revenue specialists are available for personal response to customer calls and email questions to provide taxpayer support and assistance during extended hours (7:30a.m.- 5:30p.m., M-F) as well as 24/7/365 voice-mail and online access through which taxpayers can request information outside of regular business hours.

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► Average speed to answer calls of no greater than 30 seconds; and ► Response to all emails and voicemails within one business day.

These recommendations are in addition to our standard taxpayer support services. MuniServices’ goal is to provide businesses with the tools necessary for timely and accurate filing by providing multiple convenient options for tax remittances and support.
► Downloaded forms, rates and instructions
► E-filing / payment option for automatic calculation, with interactive data validation ► Timely tax change notification relevant to tax liabilities ► Brochures and forms available in taxing jurisdiction's local office.

Our dedicated in-house client relations manager and team follow a simple yet highly effective communication process focusing on written and direct communication. We begin with developing an introduction letter for all businesses in the City’s business license registry. The letter alerts the businesses to the new online filing option, new mailing address, important dates to remember and new telephone numbers businesses may use to ask questions about the process. We then follow with a dialer campaign, plus live calls by MuniServices support representatives to the businesses making up the top 80% of the City’s revenue.

MuniServices automatically provides taxpayers with all the City-approved forms and instructions necessary for timely calculation, filing and payment of the license fees and taxes due. An introductory packet will be developed in collaboration with and approved by the City. The packet typically includes customized tax and license forms, appropriate instructions for filing online, website and helpful links, toll free phone and email support information and general requirements. This approach typically results in more than 70% of businesses applying and renewing annual business license filings online.

The program proposed consists of an Implementation Phase, leading up to a live cutover from the City’s current administration at a mutually agreeable date, with a recurrent ongoing administration cycle.

Implementation Phase

1. Convert and load to MuniServices’ Revenue Administration system all taxpayer records.

2. Verify with the City all taxpayer letters, forms, notices and any other taxpayer correspondence concerning business license and utility user tax collection.

3. Gather, review and receive confirmation of filing and reporting requirements from the City.

4. Establish implementation milestone dates for each service for which the City is contracting with MuniServices.

5. Configure secure web filing and payment portal for use by the City’s taxpayers.

6. Conduct taxpayer notification by mail, phone and email if email addresses are available.

7. Conduct consistent staff training for program updates.

8. Cutover from City to MuniServices Administration system according to schedule to be developed with the City. 52 Item 6.

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Figure 3 - Sample Implementation Plan / Timeline
Figure 4 - Mockup of online filing landing page
Ongoing Administration Cycle

1. Beginning as of the scheduled date, MuniServices will receive filings and payments a) by mail, and b) online.

2. All paper filings, checks, and correspondence will be opened and batched in our secure facility.

3. Paper filings will be reconciled with payments and any errors, omissions or balance discrepancies logged for follow-up. Web filings are reconciled daily. MuniServices also handles NSF check processing, returns and refunds.

4. MuniServices will generate and send invoices for balances due for taxpayer under-payments or late payments.

5. Payments received will be deposited and disbursed to City designated accounts. MuniServices typically disburses funds 10-15 times per month, but frequency of disbursements will be mutually agreed on by MuniServices and the City.

6. MuniServices Tax Specialists will contact taxpayers to resolve any filing errors, omissions, or discrepancies. 53 Item 6.

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7. Each month, the MuniServices Administration System will flag any missed filings for follow-up. Taxpayers will receive a courtesy phone call and a late notice to let them know a filing has not been received as of the due date. MuniServices will continue follow-up efforts until payments are received and appears to be complying or until the City advises of alternate collection efforts. A comprehensive compliance program will be collaborative effort between MuniServices and City and will be customized based upon the City’s requirements.

8. Monthly, MuniServices Tax Specialists will analyze the month’s receipts and flag significant variations for follow-up with the taxpayer and possible auditor review.

9. MuniServices will provide taxpayer support via toll-free number and e-mail to taxpayers requiring assistance with filing or payment, mailing address or contact changes, and any other related issues they may have.

10. MuniServices will register new taxpayers and assist them with all materials needed to begin & maintain filing.

Reporting and Deliverables
MuniServices solution provides City management and staff with a cloud based, self-service, interactive Government Services Portal. While we administer your revenue, you are never far from the information. Our Interactive Government Services system allows you to access to reports and business information whenever you need it.

Based on permissions designated by City management, staff members will have the ability to:
► Accept and process cash, check or credit card payments for taxes, licenses and additional fee types. ► Issue and print business licenses or record of receipt ► Set up new taxpayer accounts and/or tax liabilities
► Search and review taxpayer accounts using multiple data points include business name, contact, dba, address, phone number, FEIN/SSN, etc.
► View payment history
► Manage delinquent accounts
► Scan and upload taxpayer documents
► View pending transactions
► Manage the Business License approval process for regulated businesses ► Enter and review notes on taxpayer accounts
The interactive Government Service Center (online reports) is permission based and provides the City with unlimited users with no additional user license fees. This portal is available 24/7 through our secure website. The reports can be exported into multiple formats, including Excel, Word, PDF and CVS (comma delimited).

Each approved user has a unique username/password. Within the Government Service Center portal, users can make changes to their personal user profile, change their password, or email our Client Relations Team. 54 Item 6.

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Figure 5 - Administration - Reporting Page
Figure 6- Government Service Center Portal

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Figure 7 - Reports
Below is a list of some of the reports available online:
► New Account Listing
► Dashboard Report
► Transfer and Distribution Report
► Daily, Weekly and Monthly Reconciliation Reports
► Detailed Payment History Reports
► History and Trends
► Top Remitters Reports
► Delinquency reports
► Exportable Online Reports and Query Tools
► Business License Detail and Summary Reporting
Account Maintenance Reporting Descriptions and Samples
Interactive Account Search Tool
Approved City staff will have the ability to search for accounts within the database or to set up a new account for a new business.

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► Filter results by primary contact or all contacts
► Filter results by mailing, physical or all addresses on accounts ► The Account Search Tool is permissions based, with the ability to grant limited access to non-financial reporting tools and a basic account transcript if needed for some City staff.

Figure 8 - Account Search Tool
Figure 9 - Search Results
Create/View/Edit Taxpayers
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City staff will have access to create/set up new taxpayer accounts as needed for immediate payment posting, noting and document uploading. In addition, view and edit permissions are provided for existing taxpayer accounts. ► Search for potential database match to reduce the risk of duplicate accounts when setting up a new account ► Requires NAIC selection from grid for new account setup ► Address standardization
► Liability setup and editing, allowing City staff to load known liabilities, frequency requirements and start dates ► Allows business owners to obtain their new account number, filing requirements and instructions right away, in addition to receiving future information from MuniServices ► Provides a documented account number for other City departments if granted access to the Government Service Center or provides them with an account number to use as reference in their own databases Figure 10 - Create Taxpayer Screenshot
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Figure 1 – Maintenance
Notes and Documents
MuniServices’ noting feature provides the ability for City staff to not only note accounts but to also upload account level documents and view note history from other users. The City is granted access to notes entered by MuniServices staff as well. The notes feature is permissions based but can provide a clearer picture of account activities for those City staff who are in constant communication with the business community and are allowed access to tax and licensing account level documentation.
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Figure 12 - Notes
Document Upload Feature
The document upload feature is available through both the account level noting screen and through a standard grid that is for use in municipal level documents or bulk files. Examples of files that may be uploaded through the Document Upload feature are municipal ordinances or changes, bulk lists for Avenu review or confidential documents regarding multiple accounts.

Figure 13 - Document Upload
Payment Posting
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Tax and Fee Payment Posting
MuniServices is pleased to provide the ability for City staff to post in-house payments from walk-ins, direct mailings to the City or payments received during field visits. The payment posting features eliminate the need for mail forwarding to the MuniServices lockbox for processing and allows City cashiers and examiners a way to post payments immediately. Because calculations occur automatically, it is also a prized tool for field examiners or staff who need to provide calculations fast and to secure payment right away. ► Included in service – No additional fees for access.
► Most used for taxes and district fees such as sales, use, occupational withholding, alcohol taxes, etc. ► Permissions based access for approved City staff
► Cash-check-credit card selectors for reconciliation purposes ► Easy drop-down selector for City’s unique tax types, rate codes and miscellaneous fees ► Calculated fields based on selected criteria, postmark, discount and delinquency dates and amounts entered, including penalty and interest
► Override flexibility for underpayments and overpayments ► Separate reconciliation process from the business license payment posting piece.

Figure 14 - Tax and Fee Payment Posting
Business License or Certificate Based Payment Posting
► Included in service – No additional fees for access.
► Most used for annual business licenses, temporary licenses, fees valid for specific date ranges and requiring renewal, etc
► Permissions based access for approved City staff
► Cash-check-credit card selectors for reconciliation purposes ► Captures fields that sometimes drive calculations of business license types of fees or similar fee structures o Postmark date
o New/renewal license
o Inside/outside city limits
o Business start date if new
o Final return and close date
o Requires specific fields such as location selection for accuracy purposes ► Location selector with the ability to add locations if needed since many license programs are location specific ► Easy drop-down selector for City’s unique fee schedule and business categories with search capability (keyword, schedule number)
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► Ability to add as many business license schedules/categories need to a single license/location, with edit capabilities
► Separate reconciliation process from the tax and fee payment posting piece Figure 15 - Business License or Certificate-based Payment Posting Payment History Reporting on Account Level
Taxpayer search also provides an option to view payments on an account level, selecting criteria for transfer date range, disbursement date range, tax period range and tax type/license. 62 Item 6.

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Figure 16 - Payment History
City Finance Management Reporting Descriptions and Samples Reconciliation Detail and Summary Reporting
The Reconciliation Detail report provides a daily account of all tax monies received and disbursed. This report breaks down each tax type, including total taxes collected, administration fees, audit fees (if applicable), net funds, the beneficiary's percentage of revenue and distributed funds. This report can be viewed and exported according to which beneficiaries chosen.

The Reconciliation Summary report contains the exact information as the Detail Report but summarizes the information into the date range selected.
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Figure 17- Reconciliation Detail Report
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Figure 18- Reconciliation Summary
Pending Payments Reporting
The Pending Payments report provides a view on both individual account and overall City levels, showing payments posted but not yet disbursed. This report is vital in providing the full revenue picture to the City so that the City is not dependent on reporting of reconciled and disbursed transactions only.

Figure 19 - Pending Payments Location
Detail Payment Listing
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The Detailed Payment Listing is a comprehensive listing of every taxpayer that remitted a form and/or tax within the date range selected. This report is divided by tax type and lists each taxpayer, rate type they are filing, period, taxable sales, Gross tax, discounts and/or penalty, and the net tax due. Each tax type is summarized at the bottom of each tax type section. This report can be filtered by any or all tax types administered by MuniServices.

Figure 20 - Detail Payment Listing
Business License Detail and Summary Reports
The Business License Detail report is a daily report of license activity. The Business License Summary is a synopsis of license activity pulled from a chosen date range. Both reports offer an individual listing of taxpayers that have either submitted the appropriate paperwork and funds and have been approved to receive a business license or are lacking proper documentation or payment. This report can be filtered by Issued licenses, Not Issued licenses, or Both. This report can also be filtered by a date range, including license year.

Each report contains taxpayer account number, taxpayer name, dba name (if available), license number, issue date, license description, gross receipts reported, units reported, license fee, issuance fee, late fee, additional penalties (if applicable), and total paid.

History and Trends Reporting
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The History and Trends report gives you the tools to compare tax revenue within a date range. You can compare current month to the prior month, current month to the same month last year, the last three months to the same three months last year, and the fiscal year to date to the same period last year. The date range is set by you. It can be one month or several years. This report is a perfect barometer to show how your tax revenue is trending. It will show you which taxes are increasing or decreasing and even break down by both individual tax types and rate codes, including general, police jurisdiction, manufacturing, etc.

Figure 21- History and Trends
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Figure 22 - FYTD vs Same Period Last Year
Net Revenue Comparison Chart
The Net Revenue Comparison chart is a snapshot of your revenue in comparison to previous months and years. This report can be run by date range and tax type.

Top Remitters, Top Remitters Increases and Top Remitter Decreases The Top Remitter Reports are delivered in three different formats – Top Remitters, Top Remitters Increases and Top Remitter Decreases. All three reports provide a listing of your top 5 – 100 tax remitters, increases or decreases for the date range selected. Each report contains, taxpayer name, taxpayer dba name, NAICS code, tax type, rate code description, current year amount, prior year amount, the changed amount for the period and the over-all percent change. You can view this report filtered by net tax due or net sales.

These reports present a comprehensive picture of your top taxpayers that can help in delivering a strategic economic development plan or help better understand tax revenues and the business climate for your jurisdiction. 68 Item 6.

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Figure 23 - Top Remitters
New Taxpayers Report
The New Taxpayers Report provides a listing of every new taxpayer for the date range selected. Included beside each new taxpayer is the MUNISERVICES taxpayer account number, address, FEIN, main contact, and any other contact information provided by the taxpayer at the time of registration. You will also see a listing of any transactions for the selected date range.

This report offers valuable information that could be shared between approved departments to ensure any new taxpayer is included on other taxpayer rolls.

Dashboard
The Dashboard is a graphic representation of the City's revenue by date range, including the net tax due history, a breakdown of tax sources, the top five taxpayers by business classifications, and the tax due history of your top five taxpayers. Like the dashboard of a car, this report shows you the highlights of your revenue in an easy to understand layout.
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Figure 24- Dashboard

BUSINESS LICENSE DISCOVERY AND RECOVERY SERVICES
MuniServices will identify for the City non-compliant businesses that have not paid their licensing fees. MuniServices understands that we will initially contact these non-compliant businesses, and any additional contact will be made by the City. If we contact the business by mail, MuniServices will use a template letter approved by the City of Oroville.

Additionally, MuniServices will provide the City with a database report of all non-compliant businesses contacted with the results of all research. When implemented on behalf of the City, MuniServices’ proven Discovery and Revenue Recovery Program will:
► Compare the City’s existing taxpayer list(s) against various databases aggregated from disparate systems and resources to identify previously unknown businesses operating within the City without paying the appropriate fees.
► Send notices to those businesses including an application packet approved by the City, advising them of their legal obligation to register and pay the appropriate fees in accordance with the City’s ordinance. ► Provide taxpayer support for taxpayers who may have questions regarding these forms, and proactively contact taxpayers until forms are returned or account status is resolved. ► Verify information on each form received to ensure that all required information has been provided, that the fees due have been correctly calculated, and that payment in full has been made. ► Perform preliminary research to verify that the gross receipts, number of employees, and number of locations declared on each application appear to be reasonable and appropriate for each business.

Flag questionable applications for further contact, which may include telephone query, site visits, or referral of the taxpayer for detailed audit.
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► Daily disbursement to the City all payments received, less our percentage fee. If applications are returned without payment or with insufficient payment, invoice the taxpayer, monitor, and pursue payment, and promptly disburse to the City amounts received.

Our proposed Revenue Discovery and Recovery process is organized into three phases:

1. Implementation Phase, in which MuniServices and the
City will consult and cooperate to ensure our mutual
agreement on project specifications and procedures.

2. Discovery Phase, in which MuniServices will use data mining techniques to compare lists of known taxpayers
received from the City and with data from other relevant databases to be obtained by MuniServices to identify
additional businesses that may have outstanding business license liabilities, report these to the City in a form that will enable follow-up and collection, notify taxpayers of these potential liabilities, and provide assistance to such
taxpayers in filing the appropriate returns.

3. Recovery Phase, in which MuniServices will notify both the City and the individual taxpayers of these potential liabilities. During this phase, MuniServices will assist such taxpayers in filing the appropriate returns and will follow-up with each taxpayer as needed until the appropriate return is filed and all fees due are paid in full.

On the following page, MuniServices provides a more detailed flow chart of the process:

Figure 25 - Avenu's 3-phased approach to
Discovery and Recovery
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Figure 26 – MuniServices’ Discovery/Recovery Process
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TAX AND LICENSE ADMINISTRATION SERVICES

Cost Proposal
MuniServices is pleased to provide to the City of Oroville the services outlined in our proposal for the following costs:

Service Cost
Business License Tax Administration: One time Set up Fee: $5,000 to NTE $10,00 (Depending on hours needed for the set up)
$16 Per Business License or New Notice Mailed
Business License Tax Discovery and
Recovery
35% of the additional Business License revenue
collected by the City as the result of our services.

Utility Users Tax Administration: $4 per transaction
Transient Occupancy Tax
Administration:
$250 per property per Annum
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Consultant Services Agreement
This Consultant Services Agreement (the “Agreement”) is made as of June 1, 2022 (“Effective Date”) by and between City of Oroville, a municipal corporation of the State of CA ("CLIENT") and MuniServices, LLC, a Delaware limited liability company, (“CONSULTANT”), collectively the Parties. In consideration of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the Parties agree as follows:

A. Services

1. CONSULTANT will provide CLIENT with the services described in EXHIBIT A, sections A.1, A.2, & A.3, which are attached hereto and incorporated by reference. CONSULTANT shall provide said services at the time, place, and in the manner specified in EXHIBIT A.

2. CONSULTANT shall furnish at its own expense all labor, materials, equipment and other items necessary to carry out the terms of this Agreement.

B. Compensation

1. In consideration for the services to be performed by CONSULTANT, CLIENT agrees to pay CONSULTANT the fees outlined in Exhibit B of this Agreement. CLIENT shall pay CONSULTANT within thirty (30) days of receipt of CONSULTANT’s invoice.

C. General Provisions

1. Term of the Agreement: The initial term of this Agreement shall be for a period of three years (3) following the date of execution, and the CLIENT shall have the option to renew for two (2) successive one (1) year terms (the “Term”). Either party shall have the right to terminate this Agreement in the event of a material breach by the other party. Any such termination may be made only by providing sixty (60) days written notice to the other party, specifically identifying the breach or breaches on which termination is based. Following receipt of such notice, the party in breach shall have thirty (30) days to cure such breach or breaches. In the event that such cure is not made, this Agreement shall terminate in accordance with the initial sixty (60) days’ notice. Notwithstanding the foregoing, either party may terminate the Agreement at any time and for any reason by providing thirty‐days (30) written notice to the other party; provided however, that if CONSULTANT has not breached the Agreement and has commenced services identified in EXHIBIT A prior to the date of termination, CONSULTANT shall be entitled to payment as described in EXHIBIT B.

2. Effect of Termination: Notwithstanding non‐renewal or termination of this Agreement, CLIENT shall be obligated to pay CONSULTANT forservices performed through the effective date of termination for which CONSULTANT has not been previously paid. In addition, because the services performed by CONSULTANT prior to termination or non‐renewal of this Agreement may result in the CLIENT’s receipt of revenue after termination which are subject to CONSULTANT’ fee, the CLIENT shall remain obligated after termination or non‐renewal to provide to CONSULTANT such information as is necessary for CONSULTANT to calculate compensation due as a result of the receipt of revenue by the CLIENT.

3. Independent Contractor: It is understood that CONSULTANT and its subcontractors, if any, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the CLIENT. CLIENT understands that CONSULTANT may perform similar services for others during the term of this Agreement and agrees that CONSULTANT representation of other government 75 Item 6.
sector clients is not a conflict of interest. CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CLIENT's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights.

4. Subcontractors: CONSULTANT shall have the right to hire subcontractors to provide the services described herein.

CONSULTANT, in rendering performance under this Agreement shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership.

CONSULTANT shall be solely responsible for and shall hold CLIENT harmless from any and all claims for any employee related fees and costs including without limitation employee insurance, employment taxes, workman’s compensation, withholding‐taxes or income taxes.

5. Notice: Any notice required to be given under this Agreementshall be in writing and eitherserved personally,sent prepaid first‐class mail, or by express mail courier (i.e. FedEx, UPS, etc.). Any such notice shall be addressed to the other party at the address set forth below. All notices, including notices of address changes, provided under this Agreement are deemed received on the third day after mailing if sent by regular mail, or the next day if sent overnight delivery.

If to CLIENT:

City of Oroville
Attn: Ruth Wright
1735 Montgomery Street
Oroville, CA 95965

If to CONSULTANT:

MuniServices, LLC
Attn: Contracts Department
1264 Hawks Flight Ct., Suite 270
El Dorado Hills, CA 95762
Email: [email protected]

6. Representative or designees: CONSULTANT’s Primary Representative/Project Manager shall be:

Tanmin Rima, Client Services Manager
7625 N. Palm Ave., Ste. 108, Fresno, CA 93711
Email: [email protected]

7. Indemnity: CONSULTANT shall indemnify, defend, and hold harmless the CLIENT, its officers, agents, and employees, from and against any and all claims, liabilities, and losses whatsoever (including damages to property and injuries to or death of persons, court costs, and reasonable attorneys’ fees) to extent occurring or resulting from CONSULTANT’s negligent or unlawful performance of its obligations under or breach of the terms of this Agreement, unlesssuch claims, liabilities, or losses arise out of, or are caused at least in part by the sole negligence or willful misconduct of the CLIENT. “CONSULTANT’s performance” includes CONSULTANT’s action or inaction and the action or inaction of CONSULTANT’s officers, employees, agents and subcontractors.

8. Limitation of Liability: In no event shall CONSULTANT, its employees, contractors, directors, affiliates and/or agents be liable for any special, incidental, or consequential damages, such as, but not limited to, delay, lost data, disruption, and loss of anticipated profits or revenue arising from or related to the services, whether liability is asserted in contract or tort, and whether or not CONSULTANT has been advised of the possibility of any such loss or damage. In addition, CONSULTANT’s total liability hereunder, including reasonable attorneys’ fees and costs, shall in no event exceed an amount equal to the fees described in EXHIBIT B. The foregoing sets forth the CLIENT’S exclusive remedy for claims arising from or out of this Agreement. The provisions of this section allocate the risks 76 Item 6.
between CONSULTANT and the CLIENT and CONSULTANT’s pricing reflects the allocation of risk and limitation of liability specified herein.

9. Insurance: CONSULTANT shall keep in full force and effect insurance coverage during the term of this Agreement, including without limitation statutory workers’ compensation insurance; employer’s liability and commercial general liability insurance; comprehensive automobile liability insurance; professional liability and fidelity insurance. The insurance certificate shall name the CLIENT, its agents, officers, servants and employees as additional insureds under the CGL and Automobile policies with respect to the operations and work performed by the named insured as required by written contract. The General Liability policy is Primary & Non‐Contributory.

Waiver of Subrogation applies under the General Liability and Workers’ Compensation policies. The CGL insurance minimum coverage shall be at least $1,000,000 per incident, claim or occurrence and $2,000,000 aggregate. The Automobile Liability insurance minimum coverage shall be at least $1,000,000 covering all owned, non‐owned, and hired vehicles. The certificate shall provide that there will be no cancellation, termination, or non‐renewal of the insurance coverage without a minimum 30‐day written notice to the CLIENT, except in the case of cancellation for non‐payment of premium which shall be at least 10‐days written notice.

10. Equal Opportunity to Draft: The parties have participated and had an equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language.

11. Assignment: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, representatives and assigns. CONSULTANT shall not assign this Agreement, or delegate its duties or obligations under this Agreement, without the prior written consent of CLIENT, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, CONSULTANT may assign this Agreement, in whole orin part, without the consent of CLIENT to any corporation or entity into which or with which CONSULTANT has merged or consolidated; any parent, subsidiary, successor or affiliated corporation of CONSULTANT; or any corporation or entity which acquires all or substantially all of the assets of CONSULTANT. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns.

12. Ownership of Documents: Except for CONSULTANT preexisting proprietary information and processes, any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by CONSULTANT pursuant to this agreement shall be the property of the CLIENT at the moment of their completed preparation.

13. Intellectual Property Rights: The entire right, title and interest in and to CONSULTANT’s database and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any and all ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created in the course of this Agreement (collectively, the "Work Product") shall vest exclusively in CONSULTANT or its subcontractors. The foregoing notwithstanding, in no event shall any CLIENT‐owned data provided to CONSULTANT be deemed included within the Work Product.

14. Public Release and Statements: Neither party or its representatives or agents shall disseminate any oral or written advertisement, endorsement or other marketing material relating to each other’s activities under this Agreement without the prior written approval of the other party. Neither party shall make any public release or statement concerning the subject matter of this Agreement without the express written consent and approval of the other party. No party or its agent will use the name, mark or logo of the other party in any advertisement or printed solicitation without first having prior written approval of the other party. The parties shall take reasonable efforts to ensure that its subcontractors shall not disseminate any oral or written advertisement, endorsement or other marketing materials referencing or relating to the other party without that party’s prior written approval. In 77 Item 6.
addition, the parties agree that their contracts with all subcontractors will include appropriate provisions to ensure compliance with the restrictions of this Section.

15. Force Majeure: CONSULTANT shall not be in default of its obligations hereunder to the extent that its performance is delayed or prevented by causes beyond its control, including but not limited to acts of God, government, weather, fire, power or telecommunications failures, inability to obtain supplies, breakdown of equipment or interruption in vendor services or communications.

16. Entire Agreement: This Agreement constitutes the entire agreement between the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter contained herein. Said Agreement shall not be amended, altered, or changed, except by a written amendment signed by both parties.

17. Counterparts: This Agreement may be signed in separate counterparts including facsimile copies. Each counterpart (including facsimile copies) is deemed an original and all counterparts are deemed on and the same instrument and legally binding on the parties.

18. Invalidity: If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.

19. Implementation: Implementation should begin as soon as possible from the signing of this Agreement (the “Effective Date”) for the performance of services under the terms of this Agreement. [Signatures on following page]

78 Item 6.

IN WITNESS HEREOF, the parties have caused this Agreement to be executed on the date first written above.

“CLIENT”
City of Oroville
a Municipal Corporation
By: \signature1\
Title: \title1\
Date: \date1\
“CONSULTANT”
MuniServices, LLC
a Delaware limited liability company
By: \signature2\
Title: \title2\
Date: \date2\

79 Item 6.

EXHIBIT A ‐ SCOPE OF WORK
A.1 Tax Administration Services
Objectives and Methods
MuniServices’ technology enabled administration services for municipalities is designed to make our years of experience, expertise in verifying taxpayer compliance, and extensive tax administration resources available, thus allowing City staff to focus on the services at which you excel and not the burdens of the administrative process.

We approach each new project with the expectation that we will configure and customize our standard services to meet our client’s needs, priorities, and preferences.

Administration Scope of Work
With a disciplined and trained staff, online filing and payment capabilities, a secure facility, and robust, secure information systems, MuniServices can implement a process that replicates and enhances the City’s existing processes and cycle for business license, utility users tax and other taxpayer registrations and renewals. This process consists of the following components:
► New Client Set‐up: create forms and reports, set up secure web access, and download new and updated account information
► Taxpayer Registration: create and maintain taxpayer database from client database and other sources, while maintaining a seamless process between initial registration and subsequent renewals and filings.
► Taxpayer Notification: provide tax and license forms and instructions by mail and online, initiate phone calls to businesses, and send reminders
► Form/Payment Processing: receive data and input into system, batch forms with payments, deposit checks, scan forms, post to taxpayer account, and timely disbursement of funds. ► Reconcile Returns and Initiate Compliance Efforts: reconcile filings and payments; verify accuracy of filing; apply late fees, penalties or interest; identify underpayments and refer to compliance process
► Taxpayer Services: provide prompt and effective customer service, quarterly newsletter, online forms, rates and instructions, toll‐free support number and e‐filing and payment options ► Interactive Online Government Services portal: detailed reporting available in hard copy and online, including detailed payment listing, daily/weekly/monthly reconciliation reports, delinquency reports and more.
80 Item 6.

Figure 13 - Tax and License Administration Process
Understanding that one of the goals of the City is to support the growth of businesses throughout the City, MuniServices believes that present interactions with the local business community can be enhanced through the addition of MuniServices’ revenue administration services, thereby encouraging and supporting the formation, expansion, and compliant participation of businesses in the City’s economy.

To determine the optimum configuration of services, MuniServices revenue consultants will interview City management to identify priorities, questions, and areas of concern to the City, and obtain materials necessary to complete our review, including, but not limited to:
81 Item 6.
► Budget, org chart and list of systems used for the various revenue sources and functions, ► Lists of any third‐party vendors used for mailing or imaging ► Copies of any forms currently used to obtain taxpayer information, communicate to the business community, or that require data entry
► Introductions and contact information for information managers and professionals identified by the City as resources for information on current processes or systems deployment Our preliminary recommendations designed for outreach and ongoing support for businesses that may otherwise be operating only on a home-based, marginal or occasional basis, “under the radar” of the City’s present business licensing process, and to reduce the burden of tax compliance on the part of currently registered small businesses include:

1. MuniServices suggests scheduling, promoting, and holding town hall type meetings/ taxpayer workshops in various locations within the City to further communicate and assist taxpayers with updated tax and license processes. These informative meetings can include a live demo of the online processing system and a review of any updates to the remittance process. City staff typically play an important role in the success of the workshops, since we have found that businesses will be more engaged with a City representative working along with our staff.

2. MuniServices can provide the City with self‐service kiosks at strategic locations selected for business taxpayer convenience that enable small businesses to register and renew business licenses at more convenient times and places. We recommend placing at least 2‐4 such kiosks throughout the City.

3. Businesses looking to open in a City usually face a number of ancillary items that need to be addressed. Whether a new business chooses to file online, by phone, or through another method, each new account may be set up for review and approval via the MuniServices Government Services Portal. The approval process can be detailed out by City department based on business type. Based on City requirements, MuniServices staff will work with the business to determine the nature of their business, locations, and other demographic details. Our new business team identifies all key data elements to ensure the business application is completed accurately, including reviews of tax classifications, and a detailed review with the business on the filing requirements they may have.

4. Taxpayer support and forms are available to the business community in Spanish.

5. Sole‐proprietors and small businesses may find it difficult to find time to interact with the City’s offices during normal business hours. MuniServices’ revenue specialists are available for personal response to customer calls and email questions to provide taxpayer support and assistance during extended hours (7:30a.m.‐5:30p.m., M‐F) as well as 24/7/365 voice‐mail and online access through which taxpayers can request information outside of regular business hours.

MuniServices’ taxpayer support desk is staffed, supported and closely monitored to ensure that we meet or exceed the following customer service standards:
► Average call abandonment rate of no greater than 5 percent (5%). ► Average speed to answer calls of no greater than 30 seconds; and 82 Item 6.
► Response to all emails and voicemails within one business day.

These recommendations are in addition to our standard taxpayer support services. MuniServices’ goal is to provide businesses with the tools necessary for timely and accurate filing by providing multiple convenient options for tax remittances and support.
► Downloaded forms, rates and instructions
► E‐filing / payment option for automatic calculation, with interactive data validation ► Timely tax change notification relevant to tax liabilities ► Brochures and forms available in taxing jurisdiction's local office.

Implementation Phase

1. Convert and load to MuniServices’ Revenue Administration system all taxpayer records.

2. Verify with the City all taxpayer letters, forms, notices and any other taxpayer correspondence concerning business license and utility user tax collection.

3. Gather, review and receive confirmation of filing and reporting requirements from the City.

4. Establish implementation milestone dates for each service for which the City is contracting with MuniServices.

5. Configure secure web filing and payment portal for use by the City’s taxpayers.

6. Conduct taxpayer notification by mail, phone and email if email addresses are available.

7. Conduct consistent staff training for program updates.

8. Cutover from City to MuniServices Administration system according to schedule to be developed with the City.
83 Item 6.

Figure 24 - Sample Implementation Plan / Timeline
Figure 35 - Mockup of online filing landing page
Ongoing Administration Cycle

1. Beginning as of the scheduled date, MuniServices will receive filings and payments a) by mail, and b) online.

2. All paper filings, checks, and correspondence will be opened and batched in our secure facility.

4. MuniServices will generate and send invoices for balances due for taxpayer under-payments or late payments.

6. MuniServices Tax Specialists will contact taxpayers to resolve any filing errors, omissions, or discrepancies.

7. Each month, the MuniServices Administration System will flag any missed filings for follow-up.

Taxpayers will receive a courtesy phone call and a late notice to let them know a filing has not been 84 Item 6.
received as of the due date. MuniServices will continue follow-up efforts until payments are received and appears to be complying or until the City advises of alternate collection efforts. A comprehensive compliance program will be collaborative effort between MuniServices and City and will be customized based upon the City’s requirements.

8. Monthly, MuniServices Tax Specialists will analyze the month’s receipts and flag significant variations for follow-up with the taxpayer and possible auditor review.

10. MuniServices will register new taxpayers and assist them with all materials needed to begin & maintain filing.

Based on permissions designated by City management, staff members will have the ability to:
► Accept and process cash, check or credit card payments for taxes, licenses and additional fee types.
► Issue and print business licenses or record of receipt ► Set up new taxpayer accounts and/or tax liabilities
► Search and review taxpayer accounts using multiple data points include business name, contact, dba, address, phone number, FEIN/SSN, etc.
► View payment history
► Manage delinquent accounts
► Scan and upload taxpayer documents
► View pending transactions
► Manage the Business License approval process for regulated businesses ► Enter and review notes on taxpayer accounts
The interactive Government Service Center (online reports) is permission based and provides the City with unlimited users with no additional user license fees. This portal is available 24/7 through our secure website. The reports can be exported into multiple formats, including Excel, Word, PDF and CVS (comma delimited).

Figure 46 - Administration - Reporting Page
Figure 57 - Government Service Center Portal

86 Item 6.

Figure 68 - Reports
Below is a list of some of the reports available online:
► New Account Listing
► Dashboard Report
► Transfer and Distribution Report
► Daily, Weekly and Monthly Reconciliation Reports
► Detailed Payment History Reports
► History and Trends
► Top Remitters Reports
► Delinquency reports
► Exportable Online Reports and Query Tools
► Business License Detail and Summary Reporting
Account Maintenance Reporting Descriptions and Samples
Interactive Account Search Tool
Approved City staff will have the ability to search for accounts within the database or to set up a new account for a new business.

Easy-to-view tabs allow you to access taxpayer profile information, liability setups, location information, contacts, business license details, tax and license delinquencies, notes and documents attached to each account. ► Search by account number (if available)
► Search by business name, DBA or portion of names
► Search by contact name or portion of contact name
► Search by mailing or physical address or portion of address ► Filter results by active, closed or all
► Filter results by primary contact or all contacts
► Filter results by mailing, physical or all addresses on accounts ► The Account Search Tool is permissions based, with the ability to grant limited access to non‐ financial reporting tools and a basic account transcript if needed for some City staff. 87 Item 6.

Figure 79 - Account Search Tool
Figure 810 - Search Results
Create/View/Edit Taxpayers
City staff will have access to create/set up new taxpayer accounts as needed for immediate payment posting, noting and document uploading. In addition, view and edit permissions are provided for existing taxpayer accounts. ► Search for potential database match to reduce the risk of duplicate accounts when setting up a new account
88 Item 6.
► Requires NAIC selection from grid for new account setup ► Address standardization
► Liability setup and editing, allowing City staff to load known liabilities, frequency requirements and start dates
► Allows business owners to obtain their new account number, filing requirements and instructions right away, in addition to receiving future information from MuniServices ► Provides a documented account number for other City departments if granted access to the Government Service Center or provides them with an account number to use as reference in their own databases

1. Figure 911 - Create Taxpayer Screenshot
89 Item 6.

Figure 1012 – Maintenance
Notes and Documents
MuniServices’ noting feature provides the ability for City staff to not only note accounts but to also upload account level documents and view note history from other users. The City is granted access to notes entered by MuniServices staff as well. The notes feature is permissions based but can provide a clearer picture of account activities for those City staff who are in constant communication with the business community and are allowed access to tax and licensing account level documentation.

Figure 1113 - Notes
90 Item 6.

Document Upload Feature
The document upload feature is available through both the account level noting screen and through a standard grid that is for use in municipal level documents or bulk files. Examples of files that may be uploaded through the Document Upload feature are municipal ordinances or changes, bulk lists for Avenu review or confidential documents regarding multiple accounts.

Figure 14 - Document Upload
Payment Posting
Tax and Fee Payment Posting
MuniServices is pleased to provide the ability for City staff to post in-house payments from walk-ins, direct mailings to the City or payments received during field visits. The payment posting features eliminate the need for mail forwarding to the MuniServices lockbox for processing and allows City cashiers and examiners a way to post payments immediately. Because calculations occur automatically, it is also a prized tool for field examiners or staff who need to provide calculations fast and to secure payment right away. ► Included in service – No additional fees for access.
► Most used for taxes and district fees such as sales, use, occupational withholding, alcohol taxes, etc.
► Permissions based access for approved City staff
► Cash‐check‐credit card selectors for reconciliation purposes ► Easy drop‐down selector for City’s unique tax types, rate codes and miscellaneous fees ► Calculated fields based on selected criteria, postmark, discount and delinquency dates and amounts entered, including penalty and interest
► Override flexibility for underpayments and overpayments ► Separate reconciliation process from the business license payment posting piece. 91 Item 6.

Figure 15 - Tax and Fee Payment Posting
Business License or Certificate Based Payment Posting
► Included in service – No additional fees for access.
► Most used for annual business licenses, temporary licenses, fees valid for specific date ranges and requiring renewal, etc
► Permissions based access for approved City staff
► Cash‐check‐credit card selectors for reconciliation purposes ► Captures fields that sometimes drive calculations of business license types of fees or similar fee structures
o Postmark date
o New/renewal license
o Inside/outside city limits
o Business start date if new
o Final return and close date
o Requires specific fields such as location selection for accuracy purposes ► Location selector with the ability to add locations if needed since many license programs are location specific
► Easy drop‐down selector for City’s unique fee schedule and business categories with search capability (keyword, schedule number)
► Override flexibility for underpayments and overpayments ► Ability to add as many business license schedules/categories need to a single license/location, with edit capabilities
► Separate reconciliation process from the tax and fee payment posting piece 92 Item 6.

Figure 16 - Business License or Certificate-based Payment Posting Payment History Reporting on Account Level
Taxpayer search also provides an option to view payments on an account level, selecting criteria for transfer date range, disbursement date range, tax period range and tax type/license.

Figure 17 - Payment History
93 Item 6.

City Finance Management Reporting Descriptions and Samples Reconciliation Detail and Summary Reporting
The Reconciliation Detail report provides a daily account of all tax monies received and disbursed. This report breaks down each tax type, including total taxes collected, administration fees, audit fees (if applicable), net funds, the beneficiary's percentage of revenue and distributed funds. This report can be viewed and exported according to which beneficiaries chosen.

The Reconciliation Summary report contains the exact information as the Detail Report but summarizes the information into the date range selected.

Figure 18- Reconciliation Detail Report
94 Item 6.

Figure 19- Reconciliation Summary
Pending Payments Reporting
The Pending Payments report provides a view on both individual account and overall City levels, showing payments posted but not yet disbursed. This report is vital in providing the full revenue picture to the City so that the City is not dependent on reporting of reconciled and disbursed transactions only.

Figure 20 - Pending Payments Location
95 Item 6.

Detail Payment Listing
The Detailed Payment Listing is a comprehensive listing of every taxpayer that remitted a form and/or tax within the date range selected. This report is divided by tax type and lists each taxpayer, rate type they are filing, period, taxable sales, Gross tax, discounts and/or penalty, and the net tax due. Each tax type is summarized at the bottom of each tax type section. This report can be filtered by any or all tax types administered by MuniServices.

Figure 21 - Detail Payment Listing
Business License Detail and Summary Reports
The Business License Detail report is a daily report of license activity. The Business License Summary is a synopsis of license activity pulled from a chosen date range. Both reports offer an individual listing of taxpayers that have either submitted the appropriate paperwork and funds and have been approved to receive a business license or are lacking proper documentation or payment. This report can be filtered by Issued licenses, Not Issued licenses, or Both. This report can also be filtered by a date range, including license year.

History and Trends Reporting
The History and Trends report gives you the tools to compare tax revenue within a date range. You can compare current month to the prior month, current month to the same month last year, the last three months to the same three months last year, and the fiscal year to date to the same period last year. The date range is set by you. It can be one month or several years. This report is a perfect barometer to show how your tax revenue is trending. It will show you which taxes are increasing or decreasing and even break down by both individual tax types and rate codes, including general, police jurisdiction, manufacturing, etc.

Figure 22- History and Trends
97 Item 6.

Figure 23 - FYTD vs Same Period Last Year
Net Revenue Comparison Chart
The Net Revenue Comparison chart is a snapshot of your revenue in comparison to previous months and years. This report can be run by date range and tax type.

Figure 24 - Top Remitters
New Taxpayers Report
The New Taxpayers Report provides a listing of every new taxpayer for the date range selected. Included beside each new taxpayer is the MUNISERVICES taxpayer account number, address, FEIN, main contact, and any other contact information provided by the taxpayer at the time of registration. You will also see a listing of any transactions for the selected date range.

This report offers valuable information that could be shared between approved departments to ensure any new taxpayer is included on other taxpayer rolls.

Figure 25 - Dashboard

100
Item 6.

A.2 ‐ BUSINESS LICENSE DISCOVERY AND RECOVERY
MuniServices will identify for the City non-compliant businesses that have not paid their licensing fees.

MuniServices understands that we will initially contact these non-compliant businesses, and any additional contact will be made by the City. If we contact the business by mail, MuniServices will use a template letter approved by the City. Additionally, MuniServices will provide the City with a database report of all noncompliant businesses contacted with the results of all research. When implemented on behalf of the City, MuniServices’ proven Discovery and Revenue Recovery Program will:
► Compare the City’s existing taxpayer list(s) against various databases aggregated from disparate systems and resources to identify previously unknown businesses operating within the City without paying the appropriate fees.
► Send notices to those businesses including an application packet approved by the City, advising them of their legal obligation to register and pay the appropriate fees in accordance with the City’s ordinance. ► Provide taxpayer support for taxpayers who may have questions regarding these forms, and pro-actively contact taxpayers until forms are returned or account status is resolved. ► Verify information on each form received to ensure that all required information has been provided, that the fees due have been correctly calculated, and that payment in full has been made. ► Perform preliminary research to verify that the gross receipts, number of employees, and number of locations declared on each application appear to be reasonable and appropriate for each business. Flag questionable applications for further contact, which may include telephone query, site visits, or referral of the taxpayer for detailed audit.
► Daily disbursement to the City all payments received, less our percentage fee. If applications are returned without payment or with insufficient payment, invoice the taxpayer, monitor, and pursue payment, and promptly disburse to the City amounts received.

Our proposed Revenue Discovery and Recovery process is organized into three phases:

1. Implementation Phase, in which MuniServices and
the City will consult and cooperate to ensure our mutual agreement on project specifications and procedures.

2. Discovery Phase, in which MuniServices will use data mining techniques to compare lists of known taxpayers
received from the City and with data from other relevant databases to be obtained by MuniServices to identify
additional businesses that may have outstanding
business license liabilities, report these to the City in a form that will enable follow-up and collection, notify
taxpayers of these potential liabilities, and provide
assistance to such taxpayers in filing the appropriate
returns.

3. Recovery Phase, in which MuniServices will notify
both the City and the individual taxpayers of these
potential liabilities. During this phase, MuniServices
will assist such taxpayers in filing the appropriate returns and will follow-up with each taxpayer as needed until the appropriate return is filed and all fees due are paid in full.

Figure 26 - Avenu's 3-phased approach to
Discovery and Recovery
101
Item 6.

Detailed flow chart of the process:

Figure 3 – MuniServices’ Discovery/Recovery Process
102
Item 6.

A.3 TRANSIENT OCCUPANCY TAX COMPLIANCE AUDIT SERVICES
MuniServices has audited more California hotels and lodging providers than any other company. MuniServices works closely with our clients to ensure a smooth process and maximize TOT revenues. To facilitate the audit process, the City first provides MuniServices with copies of returns submitted by all domiciled lodging providers for the most recent thirty-six (36) months. Within 90 days of receipt of lodging provider “return information” from the City, we will initiate the Compliance Program. This audit program is a single service consisting of a two-phase process. The Phase 2 portion of the project is not possible without the Phase 1 work.

However, the City can elect to complete a reduced number of audits to meet any funding constraints.

APPROACH AND METHODOLOGY
MuniServices’ approach and methodologies are a result of decades of experience. With our experience in revenue enhancement and administration, we have compiled a series of best practices that we apply to each engagement. While these may vary depending on the tax type and scope of a project, they generally contain elements of the same process:

STEP 1
STEP 2
STEP 3
STEP 4
STEP 5
STEP 6
STEP 7
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Item 6.

ANALYSIS
TOT Phase I - Analysis

1. Start‐up of TOT Review process (within first 30‐60 days) a) Procedural meeting with the City
b) Request Documentation from City
 36 Months of Returns for all properties (or properties City selected)  Current TOT Ordinance and any related information

2. Property Review and Hotels Selected for Review (within 90 days) a) When we receive the returns, we enter the data into our worksheets to develop trends, property comparison, exempt rent to gross rent variation, etc. We research the statistics on theCity and properties. Based on this data, we select specific properties for audit (if the City hasn'trequested specific properties).
b) We then submit to the City an Audit Report identifying the properties and reasons they were selected.
c) Once the City approves the hotels selected for audits, we will forward the City Announcement Letters that need to be mailed to the properties on City letterhead. Once the City sends out theletters to the properties, we request they send us a copy of the signed letters. 104
Item 6.

AUDIT AND COMPLIANCE REVIEW

1. Start‐up of TOT Review (30 days later)
a) Auditors will contact the City for a brief conference call to discuss the audit timeline. b) Once the timeline has been approved, MuniServices issues an Appointment Letter with a list ofrequired information.
c) The date for the on‐site review will allow the property a minimum of 30 days of preparationtime.

2. Desk Reviews and Field Reviews (8 weeks later)
a) Conduct a review search on specifics of hotels to determine/confirm number of rooms, anyspecial requirements and any other charges to which guests may be charged. b) One week after the Appointment Letters are mailed, contact hotel operator to confirm date andtime of audit, explain procedures, and request data for sample months selected (such as Property Management System, Month End Reports, Profit & Loss Statements, Exemption Reports, etc.). c) Conduct on‐site review.

3. Provide Final Auditor’s Report to the City (30 days following completion of audit program) a) Auditors will submit (via email) all the Commendation/Deficiency Letters that need to be submitted to the hoteliers by the City.
b) City will receive an electronic copy of the Final Audit Report.

Legislative analysis, economic impact reporting on measures, consulting and policy updates areprovided timely, regularly, and year‐round, and are included as part of the overall Compliance services.

TOT REPORT DELIVERABLES
The Compliance Program – Audit ‐ Phase 1. MuniServices will provide the City with a detailed analysis report identifying lodging providers who might require additional investigation or review todetermine their compliance with the City’s TOT ordinance.

The Compliance Program ‐ Compliance Review ‐ Phase 2. MuniServices will provide City staff with adetailed list of all records required to be made available by lodging providers for the reviews, togetherwith a draft engagement announcement letter to be sent to each lodging provider. This Phase will include:
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► MuniServices review findings.
► For each identified and confirmed error/omission, we will request accompanying documentation that MuniServices believes is necessary to facilitate recovery of revenue duefrom lodging providers for prior periods.
► Draft notices of deficiency determination, commendation, and warning letters as applicable;and recommendations.

CITY ASSISTANCE
For MuniServices to conduct the Analysis and Compliance services we will request assistance fromthe City in the following areas:
► Prior to the start of the work to be performed, provide MuniServices with (1) the most recent registration to collect the tax and (2) returns for the time period requested as needed to compile a historical database for the period of the statute of limitations. If the City has the fullreturn data digitized, submitting such in electronic format would be preferable. ► Inform MuniServices of any circumstances concerning current existing payees. ► Inform MuniServices of the development of new lodging properties no later than the Certificateof Occupancy being granted.
► Cooperate in the transition by reviewing proposed processing and materials, offering comments and suggestions, and providing timely approvals.

TOT CONSULTATION
In addition to the Analysis, Audit and Compliance Review, MuniServices will provide consultation to the City that will include the following which are described in detail above:
► Provide as‐needed consultation services aimed at maintaining and enhancing the City's TOT revenue base, covering such topics as: revenue forecasting assistance, revenue tracking software, statewide trends, specific opportunities, and threats to the City. ► Provide timely information regarding existing and proposed legislation that could affect TOT revenues, specifically indicating how the City might be impacted. ► Review City's TOT ordinance and provide feedback and suggestions as needed. ► Review City's TOT remittance materials and make suggestions for improvement. ► Train City staff on optimum remittance processing techniques to maximize accurate compliance.
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TAX AND LICENSE ADMINISTRATION SERVICES
Exhibit B - Compensation
MuniServices is pleased to provide to the City of Oroville the services outlined in our proposal for the following costs:

Utility Users Tax Administration: $4 per transaction
Transient Occupancy Tax
Administration:
$250 per property per Annum
Transient Occupancy Tax Compliance
Audit Services
30% Contingency Fee
Travel and Out-of-Pocket for Audit Services
For the Transient Occupancy Tax services Avenu/MuniServices will also charge the City out‐of‐pocket expenses for reasonable travel costs related to the performance of the audits. Travel Costs include, but are not limited to, the costs of car rental, gasoline, or other transportation. These out‐of‐pocket expenses will not exceed $3,000 per visit. If we expect to spend more than $3,000 we will get prior approval from the City for any amounts over the allotted $3,000. The out‐of‐pocket expenses will be invoiced to the City upon delivery of the final report to the City. 107
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Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: AMENDMENT TO EMPLOYMENT AGREEMENTS WITH RUTH WRIGHT,

RON BELSER, AMY BERGSTRAND, AND DAWN NEVERS
DATE: MAY 17, 2022

SUMMARY
The Council will consider Amendments to the Employment Agreements with Ruth Wright, Ron Belser, Amy Bergstrand and Dawn Nevers

DISCUSSION
The Employment Agreements with Ruth Wright, Assistant City Administrator / Administration, and Dawn Nevers, Assistant Community Development Director are due to expire. Both Wright and Nevers have performed above average in their individual capacities. The City wishes to retain both employees to continue to serve in those capacities. To retain both employees it is necessary to extend the term of their employment contracts.

During the process of extending the contracts it was brought to the attention of City Administration that there are concessions from 2017 that have never been restored.

Most of the bargaining units for the City of Oroville made economic concessions in 2017 due to the financial situation of the City. Since 2017 those concession have been restored with the exception of the non-represented employees of the City. The nonrepresented employees currently pay 12% of PERS while all other units pay 7% of PERS. To restore the concession, it is necessary to return the non-represented employees to the 7%.

Ruth Wright
Pursuant to the Employment Agreement between the City and Wright, certain benefits may to be considered by the Council, and modifications to the Agreement occur. 108
Item 7.

Page 2 ends

During the prior three years, Wright has accomplished numerous tasks on behalf of the City, including stabilization of the City’s budget, upgrade of software for public transparency, renegotiation of long-term city debt (Bonds), and additional responsibility as the Assistant City Administrator. Wright has served effectively and has saved the City tremendous amounts of money by restructuring the long-term debt by reducing the overall interest rate. Wright has asked for a three-year extension of her contract. The term would be from May 17, 2022 to May 16, 2025. A salary increase to Step G (161,500) of the salary schedule is recommended. This contract would include the 7% PERS rate as discussed above. The only other change to the contract would be the inclusion of the updated insurance after retirement language that all city employees are eligible to receive.

All other terms and conditions would remain the same
Dawn Nevers
Pursuant to the Employment Agreement between the City and Nevers, certain benefits may to be considered by the Council, and modifications to the Agreement occur.

For the past two years Nevers has been in the role of Assistant Community Development Director. During the past year Nevers has been in the acting Community Development Director. Nevers has done exceedingly well in this role, taking on all of the responsibilities with few issues. Nevers oversees the Building Department, Planning Department and the Public Works Department to include Sewer and Parks. Nevers has brought stability to the department despite the lack of the formal designation as Director. Nevers willingness to oversee such a vast department result in a more efficient and cost-effective department.

Nevers has asked for a three-year extension of her contract. The term would be from February 9, 2023 to February 8, 2026, at which time Nevers may exercise a two year extension of the contract (2026-2028) if mutually agreeable. This contract would include the 7% PERS rate as discussed above. The only other change to the contract would be the inclusion of the updated insurance after retirement language that all city employees are eligible to receive. All other terms and conditions would remain the same Ron Belser
Pursuant to the Employment Agreement between the City and Belser, certain benefits may to be considered by the Council, and modifications to the Agreement occur.

Belser has been in the role of Director of Code Enforcement for the City for the past few six months. Belser was originally given a one-year contract to allow the Council an opportunity to evaluate his performance. During the past six months Belser has exceeded all expectations. Belser has developed a program for Code Enforcement and ran the dayto-day operations. This role has included hiring staff, creating an appropriate workspace for staff, writing policy and training staff. While doing all the previously listed items the 109
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Code Enforcement team has proven to be very effective in the community. Multiple troubled properties have been cleaned up, problem areas have been addressed and many new and innovative ideas are now in action. Belser has taken this opportunity seriously and aggressively worked to assure success. Belser’s work ethic and accomplishment have been noticed and the Council is prepared to move forward with Belser on a longer-term contract.

Belser has asked for a three-year extension of his contract. The term would be from January 19, 2023 to January 18, 2026, at which time Belser may exercise a two year extension of the contract (2026-2028) if mutually agreeable. A salary increase to Step C (131,540) of the salary schedule is recommended. This contract would include the 7% PERS rate as discussed above. The only other change to the contract would be the inclusion of the updated insurance after retirement language that all city employees are eligible to receive. All other terms and conditions would remain the same Amy Bergstrand
Pursuant to the Employment Agreement between the City and Bergstrand, certain benefits may to be considered by the Council, and modifications to the Agreement occur.

This contract would include the 7% PERS rate as discussed above. The only other change to the contract would be the inclusion of the updated insurance after retirement language that all city employees are eligible to receive. All other terms and conditions would remain the same.

FISCAL IMPACT
$1,545.00 through the end of this fiscal year.

RECOMMENDATION

1. Adopt Resolution No. 9047 – A RESOLUTION OF THE OROVILLE CITY

COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN

AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND RUTH WRIGHT– (Agreement No. 3093-3).

2. Adopt Resolution No. 9048 – A RESOLUTION OF THE OROVILLE CITY

COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN

AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND DAWN NEVERS – (Agreement No. 3299-2).

3. Adopt Resolution No. 9049 – A RESOLUTION OF THE OROVILLE CITY

COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN 110
Item 7.

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AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND RON BELSER – (Agreement No. 3400-1).

4. Adopt Resolution No. 9050 – A RESOLUTION OF THE OROVILLE CITY

COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN

AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF OROVILLE AND AMY BERGSTRAND – (Agreement No. 3407-1).

ATTACHMENTS
Resolution No. 9047
Amended agreement No. 3093-3
Resolution No. 9048
Amended agreement No. 3299-2
Resolution No. 9049
Amended agreement No. 3400-1
Resolution No. 9050
Amended agreement No. 3407-1
111
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R-9047

OROVILLE CITY COUNCIL
RESOLUTION NO. 9047

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE AND RUTH WRIGHT
(Amended Agreement No. 3093-3)
Amendment 3
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an amendment to the employment agreement, Amendment 3 between the City of Oroville and Ruth Wright. A copy is attached hereto as Exhibit “A”.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on May 17, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 112
Item 7.

A-3407
EMPLOYMENT AMENDED AGREEMENT 3093-3 BETWEEN

THE CITY OF OROVILLE AND RUTH WRIGHT
The employment agreement (“Agreement”) is made and entered into on May 17, 2022, by and between the City of Oroville ("City") and Ruth Wright ("Wright") to be effective May 17, 2022, both of whom understand as follows:

WHEREAS, City desires to employ the services of Wright as its Assistant City Administrator / Administration Department; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Wright; and WHEREAS, Wright desires to be employed as the Assistant City Administrator / Administration Department of City.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree that the Agreement supersedes in total any prior employment agreements or Memorandum of Understandings between the parties, and further agree as follows:

Section 1. Duties:

City hereby agrees to employ Wright as the Assistant City Administrator / Administration Department of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign her.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective May 17, 2022, and shall continue until May 16, 2025. On or before November 16, 2024, Wright shall give written notice to City if she wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether or not it wishes to continue and/or extend the agreement and shall give written notice to Wright of its decision. If the Council approves the continuation and/or extension, the parties shall meet in an effort to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Wright shall not be entitled to any compensation except for any accrued vested benefits as listed above.

B. If Wright resigns her position as Assistant City Administrator / Administration Department before the expiration date of the initial or any extended term of this Agreement; Wright shall give City a sixty (60) day written notice in advance to City. In such event, Wright shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Wright make such request. 113
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C. As an at-will employee, City may terminate this Agreement at any time with or without cause. If the City discharges Wright from her position, without cause, as Assistant City Administrator / Administration Department, the City shall pay Wright a lump-sum cash payment equal to six (6) month’s salary. In addition, Wright shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation time, and any administrative time not to exceed 20 hours, unless 20 hours has already been cashed out for the current fiscal year. No other leave balances or benefits under the Agreement may be cashed out upon termination of the Agreement. However, in the event Wright is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation except for any vested benefits. In any event, if the City chooses to terminate the agreement, Wright shall have the opportunity to retire from City employment through PERS, in lieu of termination.

Section 3. Random Drug Testing Policy:

Wright agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Wright becomes permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the Californian Fair Employment and Housing Act.

Section 5. Salary:

City agrees to place Wright at Step G of the Assistant City Administrator salary schedule, an annual base salary of $161,500, upon the effective date noted above and payable at the same time and manner as other Council Appointed Employees of the City are paid.

Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Wright by December 31
st of each year of the contract and during any extension period of the contract and upon the Council's concurrence with the satisfactory review, Wright may receive a salary adjustment of up to one step of the salary schedule for her base salary, for an overall evaluation of ‘M’ or better. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Wright. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Wright. The City Administrator's evaluation of Wright will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Wright's final evaluation. 114
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Section 7. Hours of Work; Administrative Leave:

Wright shall be employed on a full-time basis, and for optimal customer service should perform such work, during normal business hours. However, it is recognized that Wright shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per calendar year of Administrative Leave, unless City and Wright agree upon an alternate amount of leave (which shall be documented in writing). Such leave may be taken only upon approval of the City Administrator. Wright shall have the option to cash out up to twenty (20) hours of administrative leave per calendar year.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Wright shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against her sick leave. Before taking such leave, Wright shall notify, in writing, the City Administrator of the time of absence needed and the expected date of return to work.

The immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Wright suitable for her use while performing her duties as the Director of Business and Housing or compensate her if no vehicle is available at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Wright shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Wright shall be permitted to accumulate an unlimited amount of sick leave.

Wright shall accumulate vacation leave at the rate of twenty-one (21) working days of vacation per year. Wright shall be permitted to accumulate an unlimited amount of vacation leave.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Wright and her eligible dependents.

Section 12. Holidays: Wright is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Independence Day
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7. Labor Day

8. Veteran's Day

9. Thanksgiving Day

10. The Day After Thanksgiving Day

11. Last Workday Before Christmas Day

12. Christmas Day
Wright shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:

City shall provide a technology allowance to Wright in the amount of $100/month to compensate her for the use of her private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Wright will pay 7% 12% of the employee share of her CalPERS retirement contribution upon commencement of this agreement. In the event that any legislation mandates that the employee share increase above 7% 12% during the term of this agreement or any extensions, Wright and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation and the 1959 Survivor Benefit at the 4th level for Wright.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Wright shall have the option to convert her unused sick leave balance to CalPERS service credit. In the alternative, Wright may convert her unused sick leave balance to a dollar value account at the rate of one month premium for each three (3) days of accrued but unused sick leave remaining on the books at the date of retirement to pay premiums for medical, dental and vision insurance. Wright may also elect to split her unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Wright elects to convert her unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Wright shall have the option of continuing medical, dental and vision insurance coverage at her own expense, consistent with current City policy and Federal law. If, after her retirement, Wright becomes deceased before her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

The City agrees to provide 100% of the cost of the least expensive health insurance plan available for employees for employee only, after retirement to employees who have completed 30 years of service or 20 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. For example: An employee that has 2%@55 CalPERS formula would be eligible for retiree medical insurance after 20 years of service and is at least 60 years old. This benefit will continue until the employee reaches the age required to receive the Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches 116
Item 7.
the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

The City agrees to provide 50% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 10 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches the age required to receive the Medicare benefit. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Wright. The City shall contribute 3% of Wright’s base salary to Wright’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Wright contributes to Wright’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Wright shall only accept outside employment that involves teaching or training related to her profession and any existing agreements. Any outside employment shall not interfere with Wright’s duties as while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Wright necessary for her continuation and full participation in national, regional, state and local associations and organizations as are desirable for her continued professional participation, growth and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated therefore in the annual budget.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Wright for professional and official travel, meetings, and occasions to continue the professional development of Wright, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Wright serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Wright for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget. 117
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Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Wright, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Business and Housing Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Wright is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all Wright's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Wright against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Wright's duties as Assistant City Administrator / Administration Department, except for any civil action or proceeding brought against Wright for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Wright under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Wright that Wright is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Wright serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO WRIGHT: Ruth Wright at her permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of 118 Item 7.
personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Wright.

C. This Agreement shall not be assigned by Wright or City.

D. This Agreement shall not be modified without the written consent of Wright and City.

E. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

Approved by the City Council of the City of Oroville at a meeting held May 17, 2022.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE
Charles Reynolds, Mayor Ruth Wright, Assistant City Administrator / Administration Department
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
119
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R-9048

OROVILLE CITY COUNCIL
RESOLUTION NO. 9048

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE AND DAWN NEVERS
(Amended Agreement No. 3299-2)
Amendment 2
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an amendment to the employment agreement, Amendment 2 between the City of Oroville and Dawn Nevers. A copy is attached hereto as Exhibit “A”.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on May 17, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 120
Item 7.

EMPLOYMENT AMENDED AGREEMENT 3299-2 BETWEEN

THE CITY OF OROVILLE AND DAWN NEVERS
The employment agreement (“Agreement”) is made and entered into on May 17, 2022, by and between the City of Oroville ("City") and Dawn Nevers ("Nevers") to be effective February 9, 2023, both of whom understand as follows:

WHEREAS, City desires to employ the services of Nevers as its Assistant Community Development Director; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Nevers; and WHEREAS, Nevers desires to be employed as the Assistant Community Development Director of City.

Section 1. Duties:

City hereby agrees to employ Nevers as the Assistant Community Development Director of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign her.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective February 09, 2023, and shall continue until February 8, 2026. Nevers may exercise a (2) two year extension of this contract if it is mutually agreeable. On or before August 08, 2025, Nevers shall give written notice to City if she wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether or not it wishes to continue and/or extend the agreement and shall give written notice to Nevers of its decision. If the Council approves the continuation and/or extension, the parties shall meet in an effort to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Nevers shall not be entitled to any compensation except for any accrued vested benefits as listed above.

B. If Nevers resigns her position as Assistant Community Development Director before the expiration date of the initial or any extended term of this Agreement; Nevers shall give City a sixty (60) day written notice in advance to City. In such event, Nevers shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Nevers make such request. 121
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C. As an at-will employee, City may terminate this Agreement at any time with or without cause. If the City discharges Nevers from her position, without cause, as Assistant Community Development Director, the City shall pay Nevers a lump-sum cash payment equal to six (6) month’s salary. In addition, Nevers shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation time, and any administrative time not to exceed 20 hours, unless 20 hours has already been cashed out for the current fiscal year. No other leave balances or benefits under the Agreement may be cashed out upon termination of the Agreement. However, in the event Nevers is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation except for any vested benefits. In any event, if the City chooses to terminate the agreement, Nevers shall have the opportunity to retire from City employment through PERS, in lieu of termination.

Section 3. Random Drug Testing Policy:

Nevers agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Nevers becomes permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the Californian Fair Employment and Housing Act.

Section 5. Salary:

City agrees to place Nevers at Step E of the Assistant City Administrator salary schedule, an annual base salary of $102,555, upon the effective date noted above and payable at the same time and manner as other Council Appointed Employees of the City are paid.

Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Nevers by December 31
st of each year of the contract and during any extension period of the contract and upon the Council's concurrence with the satisfactory review, Nevers may receive a salary adjustment of up to one step of the salary schedule for her base salary, for an overall evaluation of ‘M’ or better. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Nevers. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Nevers. The City Administrator's evaluation of Nevers will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Nevers's final evaluation. 122
Item 7.

Section 7. Hours of Work; Administrative Leave:

Nevers shall be employed on a full-time basis, and for optimal customer service should perform such work, during normal business hours. However, it is recognized that Nevers shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per calendar year of Administrative Leave, unless City and Nevers agree upon an alternate amount of leave (which shall be documented in writing). Such leave may be taken only upon approval of the City Administrator. Nevers shall have the option to cash out up to twenty (20) hours of administrative leave per calendar year.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Nevers shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against her sick leave. Before taking such leave, Nevers shall notify, in writing, the City Administrator of the time of absence needed and the expected date of return to work.

The immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Nevers suitable for her use while performing her duties as the Assistant Community Development Director or compensate her if no vehicle is available at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section

1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Nevers shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Nevers shall be permitted to accumulate an unlimited amount of sick leave.

Nevers shall accumulate vacation leave at the rate of twenty-one (21) working days of vacation per year. Nevers shall be permitted to accumulate an unlimited amount of vacation leave.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Nevers and her eligible dependents.

Section 12. Holidays: Nevers is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Independence Day
123
Item 7.

7. Labor Day

8. Veteran's Day

9. Thanksgiving Day

10. The Day After Thanksgiving Day

11. Last Workday Before Christmas Day

12. Christmas Day
Nevers shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:

City shall provide a technology allowance to Nevers in the amount of $100/month to compensate her for the use of her private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Nevers will pay 7% 12% of the employee share of her CalPERS retirement contribution upon commencement of this agreement. In the event that any legislation mandates that the employee share increase above 7% 12% during the term of this agreement or any extensions, Nevers and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation and the 1959 Survivor Benefit at the 4th level for Nevers.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Nevers shall have the option to convert her unused sick leave balance to CalPERS service credit. In the alternative, Nevers may convert her unused sick leave balance to a dollar value account at the rate of one month premium for each three (3) days of accrued but unused sick leave remaining on the books at the date of retirement to pay premiums for medical, dental and vision insurance. Nevers may also elect to split her unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Nevers elects to convert her unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Nevers shall have the option of continuing medical, dental and vision insurance coverage at her own expense, consistent with current City policy and Federal law. If, after her retirement, Nevers becomes deceased before her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches 124
Item 7.
the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Nevers. The City shall contribute 3% of Nevers’s base salary to Nevers’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Nevers contributes to Nevers’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Nevers shall only accept outside employment that involves teaching or training related to her profession and any existing agreements. Any outside employment shall not interfere with Nevers’s duties as while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Nevers necessary for her continuation and full participation in national, regional, state and local associations and organizations as are desirable for her continued professional participation, growth and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated therefore in the annual budget.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Nevers for professional and official travel, meetings, and occasions to continue the professional development of Nevers, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Nevers serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Nevers for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget. 125
Item 7.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Nevers, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Business and Housing Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Nevers is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all Nevers's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Nevers against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Nevers's duties as Business and Housing Director, except for any civil action or proceeding brought against Nevers for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Nevers under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Nevers that Nevers is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Nevers serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO NEVERS: Dawn Nevers at her permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service. 126
Item 7.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Nevers.

C. This Agreement shall not be assigned by Nevers or City.

D. This Agreement shall not be modified without the written consent of Nevers and City.

Approved by the City Council of the City of Oroville at a meeting held May 17, 2022.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE
Charles Reynolds, Mayor Dawn Nevers,
Assistant Community Development Director
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
127
Item 7.

R-9049

OROVILLE CITY COUNCIL
RESOLUTION NO. 9049

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE AND RON BELSER
(Amended Agreement No. 3401-1)
Amendment 1
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an amendment to the employment agreement, Amendment 1 between the City of Oroville and Ron Belser. A copy is attached hereto as Exhibit “A”.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on May 17, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 128
Item 7.

EMPLOYMENT AMENDED AGREEMENT 3400-1 BETWEEN

THE CITY OF OROVILLE AND RONNIE BELSER
The employment agreement (“Agreement”) is made and entered into on May 17, 2022, by and between the City of Oroville ("City") and Ronnie Belser ("Belser") to be effective January 19, 2023, both of whom understand as follows:

WHEREAS, City desires to employ the services of Belser as its Director of Code Enforcement Department; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Belser; and WHEREAS, Belser desires to be employed as the Director of Code Enforcement Department of City.

Section 1. Duties:

City hereby agrees to employ Belser as the Director of Code Enforcement Department of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign him.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective January 19, 2023 and shall continue until January 18, 2026. Belser may exercise a (2) two-year extension of this contract if it is mutually agreeable. On or before July 18, 2025, Belser shall give written notice to City if he wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether or not it wishes to continue and/or extend the agreement and shall give written notice to Belser of its decision. If the Council approves the continuation and/or extension, the parties shall meet in an effort to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Belser shall not be entitled to any compensation except for any accrued vested benefits as listed above.

B. If Belser resigns his position as Director of Code Enforcement Department before the expiration date of the initial or any extended term of this Agreement; Belser shall give City a sixty (60) day written notice in advance to City. In such event, Belser shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Belser make such request. 129
Item 7.

C. As an at-will employee, City may terminate this Agreement at any time with or without cause. If the City discharges Belser from his position, without cause, as Director of Code Enforcement, the City shall pay Belser a lump-sum cash payment equal to six (6) month’s salary. In addition, Belser shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation time, and any administrative time not to exceed 20 hours, unless 20 hours has already been cashed out for the current fiscal year. No other leave balances or benefits under the Agreement may be cashed out upon termination of the Agreement. However, in the event Belser is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation except for any vested benefits. In any event, if the City chooses to terminate the agreement, Belser shall have the opportunity to retire from City employment through PERS, in lieu of termination.

Section 3. Random Drug Testing Policy:

Belser agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Belser becomes permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the Californian Fair Employment and Housing Act.

Section 5. Salary:

City agrees to place Belser at Step C of the Assistant City Administrator salary schedule, an annual base salary of $131,540 upon the effective date noted above and payable at the same time and manner as other Council Appointed Employees of the City are paid.

Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Belser by December 31
st of each year of the contract and during any extension period of the contract and upon the Council's concurrence with the satisfactory review, Belser may receive a salary adjustment of up to one step of the salary schedule for his base salary, for an overall evaluation of ‘M’ or better. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Belser. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Belser. The City Administrator's evaluation of Belser will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Belser's final evaluation. 130
Item 7.

Section 7. Hours of Work; Administrative Leave:

Belser shall be employed on a full-time basis, and for optimal customer service should perform such work, during normal business hours. However, it is recognized that Belser shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per calendar year of Administrative Leave, unless City and Belser agree upon an alternate amount of leave (which shall be documented in writing). Such leave may be taken only upon approval of the City Administrator. Belser shall have the option to cash out up to twenty (20) hours of administrative leave per calendar year.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Belser shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against his sick leave. Before taking such leave, Belser shall notify, in writing, the City Administrator of the time of absence needed and the expected date of return to work.

The immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Belser suitable for his use while performing his duties as the Director of Business and Housing or compensate his if no vehicle is available at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Belser shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Belser shall be permitted to accumulate an unlimited amount of sick leave.

Belser shall accumulate vacation leave at the rate of twenty-one (21) working days of vacation per year. Belser shall be permitted to accumulate an unlimited amount of vacation leave.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Belser and his eligible dependents.

Section 12. Holidays: Belser is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Independence Day
131
Item 7.

7. Labor Day

8. Veteran's Day

9. Thanksgiving Day

10. The Day After Thanksgiving Day

11. Last Workday Before Christmas Day

12. Christmas Day
Belser shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:

City shall provide a technology allowance to Belser in the amount of $100/month to compensate his for the use of his private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Belser will pay 7% 12% of the employee share of his CalPERS retirement contribution upon commencement of this agreement. In the event that any legislation mandates that the employee share increase above 7% 12% during the term of this agreement or any extensions, Belser and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation and the 1959 Survivor Benefit at the 4th level for Belser.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Belser shall have the option to convert his unused sick leave balance to CalPERS service credit. In the alternative, Belser may convert his unused sick leave balance to a dollar value account at the rate of one month premium for each three (3) days of accrued but unused sick leave remaining on the books at the date of retirement to pay premiums for medical, dental and vision insurance. Belser may also elect to split his unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Belser elects to convert his unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Belser shall have the option of continuing medical, dental and vision insurance coverage at his own expense, consistent with current City policy and Federal law. If, after his retirement, Belser becomes deceased before his dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches 132
Item 7.
the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Belser. The City shall contribute 3% of Belser’s base salary to Belser’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Belser contributes to Belser’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Belser shall only accept outside employment that involves teaching or training related to his profession and any existing agreements. Any outside employment shall not interfere with Belser’s duties as while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Belser necessary for his continuation and full participation in national, regional, state and local associations and organizations as are desirable for his continued professional participation, growth and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated therefore in the annual budget.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Belser for professional and official travel, meetings, and occasions to continue the professional development of Belser, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Belser serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Belser for short courses, institutes and seminars that are necessary for his professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget. 133
Item 7.

Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Belser, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Business and Housing Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Belser is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all Belser's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Belser against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Belser's duties as Business and Housing Director, except for any civil action or proceeding brought against Belser for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Belser under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Belser that Belser is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Belser serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO BELSER: Ronnie Belser at his permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of 134 Item 7.
personal service or as of the date of deposit of such written notice in the United States Postal Service.

Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Belser.

C. This Agreement shall not be assigned by Belser or City.

D. This Agreement shall not be modified without the written consent of Belser and City.

Section 26. Uniform Allowance:

On the first pay period in December, and each first pay period in December thereafter; Belser shall receive an annual clothing allowance of $100.00. This will constitute the clothing allowance for the following calendar year.

Approved by the City Council of the City of Oroville at a meeting held May 17, 2022.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE
Charles Reynolds, Mayor Ronnie Belser,
Director of Code Enforcement
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
135
Item 7.

R-XXXX

OROVILLE CITY COUNCIL
RESOLUTION NO. 9050

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF OROVILLE AND AMY BERGSTRAND (Amended Agreement No. 3407-1)
Amendment 1
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute an amendment to the employment agreement, Amendment 1 between the City of Oroville and Amy Bergstrand. A copy is attached hereto as Exhibit “A”.

2. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on May 17, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 136
Item 7.

A-3407
EMPLOYMENT AMENDED AGREEMENT 3407-1 BETWEEN

THE CITY OF OROVILLE AND AMY BERGSTRAND
The employment agreement (“Agreement”) is made and entered into on March 15, 2022, by and between the City of Oroville ("City") and Amy Bergstrand ("Bergstrand") to be effective March 16, 2022, both of whom understand as follows:

WHEREAS, City desires to employ the services of Bergstrand as its Director of Business and Housing Department; and
WHEREAS, it is the desire of the City Council (“Council”) of the City to provide certain benefits, to establish certain conditions of employment and to set working conditions for Bergstrand; and WHEREAS, Bergstrand desires to be employed as the Director of Business and Housing Department of City.

Section 1. Duties:

City hereby agrees to employ Bergstrand as the Director of Business and Housing Department of City to perform the functions and duties specified for the position in the City Charter, Municipal Code of the City and such other legally permissible and proper duties and functions as the Council shall from time to time assign her.

Section 2. Term; Termination: Severance Compensation:

A. The term of this Agreement shall be effective March 16, 2022, and shall continue until March 16, 2025. On or before October 16, 2024, Bergstrand shall give written notice to City if she wishes to extend the agreement on the same terms and conditions. Thereafter the Council shall determine, within 30 days, whether or not it wishes to continue and/or extend the agreement and shall give written notice to Bergstrand of its decision. If the Council approves the continuation and/or extension, the parties shall meet in an effort to agree upon the terms of a new or extended agreement. If the Council disapproves the continuation and/or extension, or if the parties fail to agree upon the terms of a new or extended agreement, this Agreement shall terminate as outlined above, and thereafter Bergstrand shall not be entitled to any compensation except for any accrued vested benefits as listed above.

B. If Bergstrand resigns her position as Director of Business and Housing Department before the expiration date of the initial or any extended term of this Agreement; Bergstrand shall give City a sixty (60) day written notice in advance to City. In such event, Bergstrand shall not be entitled to the severance compensation provided for in Section 2.C of this Agreement. The City Administrator, in concurrence with the Council, may reduce the required notice to not less than thirty (30) days without penalty should Bergstrand make such request. 137
Item 7.

C. As an at-will employee, City may terminate this Agreement at any time with or without cause. If the City discharges Bergstrand from her position, without cause, as Director of Business and Housing, the City shall pay Bergstrand a lump-sum cash payment equal to six (6) month’s salary. In addition, Bergstrand shall also be compensated for all vested accrued leave time, which is currently defined as all accumulated and unused vacation time, and any administrative time not to exceed 20 hours, unless 20 hours has already been cashed out for the current fiscal year. No other leave balances or benefits under the Agreement may be cashed out upon termination of the Agreement. However, in the event Bergstrand is discharged for cause or for conviction of a crime, City shall have no obligation to pay any severance compensation except for any vested benefits. In any event, if the City chooses to terminate the agreement, Bergstrand shall have the opportunity to retire from City employment through PERS, in lieu of termination.

Section 3. Random Drug Testing Policy:

Bergstrand agrees to comply with the City of Oroville’s Substance Abuse Policy Statement, as outlined in the City of Oroville’s Policy and Procedures.

Section 4. Non-Industrial Injury/ Illness:

If Bergstrand becomes permanently disabled or is otherwise unable to perform her duties because of sickness, accident, injury, mental incapacity, or health for a period of four successive weeks beyond any accrued leave, City shall have the option to terminate the Agreement, subject to the severance pay provisions of Section 2. C.: provided, however City shall be required to comply with the provisions of the Americans with Disabilities Act and the Californian Fair Employment and Housing Act.

Section 5. Salary:

City agrees to place Bergstrand at Step A of the Assistant City Administrator salary schedule, an annual base salary of $118,720, upon the effective date noted above and payable at the same time and manner as other Council Appointed Employees of the City are paid.

Section 6. Performance Evaluation:

The Council shall direct the City Administrator to complete a performance evaluation of Bergstrand by December 31
st of each year of the contract and during any extension period of the contract and upon the Council's concurrence with the satisfactory review, Bergstrand may receive a salary adjustment of up to one step of the salary schedule for her base salary, for an overall evaluation of ‘M’ or better. Such review and evaluation shall be in accordance with specific criteria developed jointly by the City Administrator and Bergstrand. Such criteria may be added to or deleted from, as the City Administrator may determine from time to time, in consultation with Bergstrand. The City Administrator's evaluation of Bergstrand will be shared with the Mayor and Council. The Mayor and Council may add additional comments to Bergstrand's final evaluation. 138
Item 7.

Section 7. Hours of Work; Administrative Leave:

Bergstrand shall be employed on a full-time basis, and for optimal customer service should perform such work, during normal business hours. However, it is recognized that Bergstrand shall be required to devote a great deal of time outside of normal office hours on business of City, and to that end she shall be allowed to take 85 hours per calendar year of Administrative Leave, unless City and Bergstrand agree upon an alternate amount of leave (which shall be documented in writing). Such leave may be taken only upon approval of the City Administrator. Bergstrand shall have the option to cash out up to twenty (20) hours of administrative leave per calendar year.

Section 8. Bereavement Leave:

When compelled to be absent from work by reason of death of an immediate family member, or where death appears imminent, Bergstrand shall be entitled to receive up to five (5) days Bereavement Leave, which shall not be charged against her sick leave. Before taking such leave, Bergstrand shall notify, in writing, the City Administrator of the time of absence needed and the expected date of return to work.

The immediate family is defined as spouse; natural, step or legal child; parent; brother; sister; grandparent; grandchild; mother-in-law or father-in-law.

Section 9. Automobile Allowance:

City shall provide an automobile to Bergstrand suitable for her use while performing her duties as the Director of Business and Housing or compensate her if no vehicle is available at the rate of $300.00 per month in compliance with Internal Revenue Regulation Section 1.274.5T(k)(6).

Section 10. Vacation and Sick Leave:

Bergstrand shall continue to accumulate sick leave at the rate of one (1) workday for each month of employment. Bergstrand shall be permitted to accumulate an unlimited amount of sick leave.

Bergstrand shall accumulate vacation leave at the rate of twenty-one (21) working days of vacation per year. Bergstrand shall be permitted to accumulate an unlimited amount of vacation leave.

Section 11. Medical, Vision, Life, Disability and Dental Insurance:

The City shall pay one hundred percent (100%) of the premiums for Medical, Dental, Vision, Long-Term Disability and Life Insurance for Bergstrand and her eligible dependents.

Section 12. Holidays: Bergstrand is authorized to celebrate the following holidays:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. President's Day

5. Memorial Day

6. Independence Day
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7. Labor Day

8. Veteran's Day

9. Thanksgiving Day

10. The Day After Thanksgiving Day

11. Last Workday Before Christmas Day

12. Christmas Day
Bergstrand shall be compensated for each holiday at the straight time compensation rate.

Section 13. Technology Fee:

City shall provide a technology allowance to Bergstrand in the amount of $100/month to compensate her for the use of her private cell phone and laptop/tablet for City business.

Section 14. Retirement:

Bergstrand will pay 7% 12% of the employee share of her CalPERS retirement contribution upon commencement of this agreement. In the event that any legislation mandates that the employee share increase above 7% 12% during the term of this agreement or any extensions, Bergstrand and City agree to negotiate terms for the implementation of any increase.

The City will continue to provide the single highest year benefit calculation and the 1959 Survivor Benefit at the 4th level for Bergstrand.

Sick Leave Conversion at the Time of Retirement:

Upon regular retirement from the City of Oroville, Bergstrand shall have the option to convert her unused sick leave balance to CalPERS service credit. In the alternative, Bergstrand may convert her unused sick leave balance to a dollar value account at the rate of one month premium for each three (3) days of accrued but unused sick leave remaining on the books at the date of retirement to pay premiums for medical, dental and vision insurance. Bergstrand may also elect to split her unused sick leave between the CalPERS service credit and dollar value account for insurance, subject to CalPERS requirements.

If Bergstrand elects to convert her unused sick leave to a dollar value account to pay for medical, dental and vision insurance and it becomes exhausted, Bergstrand shall have the option of continuing medical, dental and vision insurance coverage at her own expense, consistent with current City policy and Federal law. If, after her retirement, Bergstrand becomes deceased before her dollar value account has been completely utilized, the remaining benefits shall be available to the surviving eligible family members.

The City agrees to provide 75% of the cost for the least expensive health insurance plan available for employees for employee only, after retirement for employees who have completed 15 years of service with the City of Oroville and are at least 5 years past their earliest retirement date provide by their CalPERS retirement plan. This benefit will continue until the employee reaches 140
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the age required to receive Medicare benefits. If the employee wishes to add a spouse to this benefit all increased costs will be paid by the employee. Once the employee has retired and is on this benefit, the City may not withdraw from this agreement, even if this benefit is discontinued for future employees.

Section 15. Deferred Compensation Plan:

The City shall provide a Deferred Compensation Plan for Bergstrand. The City shall contribute 3% of Bergstrand’s base salary to Bergstrand’s Deferred Compensation Plan. In addition, the City shall match the first 2% that Bergstrand contributes to Bergstrand’s Deferred Compensation Plan.

Section 16. Outside Employment:

During the term of the Agreement, and any extensions thereof, Bergstrand shall only accept outside employment that involves teaching or training related to her profession and any existing agreements. Any outside employment shall not interfere with Bergstrand’s duties as while employed by the City and no other outside employment of any kind or character is permitted without having first obtained the prior approval of the Council.

Section 17. Dues and Subscriptions:

City agrees to budget for and to pay for professional dues and subscriptions of Bergstrand necessary for her continuation and full participation in national, regional, state and local associations and organizations as are desirable for her continued professional participation, growth and advancement, and for the good of the City; provided, however, the amount of such dues and subscriptions shall not exceed the amount appropriated therefore in the annual budget.

Section 18. Professional Development:

A. City agrees to budget for and to pay for travel and subsistence expenses of Bergstrand for professional and official travel, meetings, and occasions to continue the professional development of Bergstrand, and to adequately pursue necessary official functions for City and such other national, regional, state and local governmental groups and committees thereof which Bergstrand serves as a member; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget.

B. City also agrees to budget for and to pay for travel and subsistence expenses of Bergstrand for short courses, institutes and seminars that are necessary for her professional development, and for the good of the City; provided, however, the amount of such travel and subsistence shall not exceed the amount appropriated therefore in the annual budget. 141
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Section 19. General Expenses:

City recognizes that certain expenses of a non-personal and generally job-affiliated nature shall be incurred by Bergstrand, and hereby agrees to reimburse or to pay such general expenses up to an amount not to exceed the amount provided for such purposes in the Business and Housing Department’s portion of the annual City budget. The Finance Department is hereby authorized to disburse such monies in accordance with adopted City expense reimbursement policies.

Section 20. Civic Club Membership:

City recognizes the desirability of representation in and before local civic and other organizations, and Bergstrand is authorized to become a member of such civic clubs or organizations. During the term of the agreement, City, at its sole discretion, may elect to pay some or all Bergstrand's civic club membership expenses.

Section 21. Indemnification:

In addition to the requirements of state and local law, City shall defend, save harmless, and indemnify Bergstrand against any tort, professional liability claim or demand, or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Bergstrand's duties as Business and Housing Director, except for any civil action or proceeding brought against Bergstrand for actual fraud, corruption or actual malice. City, at its sole discretion, shall compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 22. Bonding:

City shall bear the full cost of any fidelity or other bonds required of Bergstrand under any law or ordinance.

Section 23. Other Terms and Conditions of Employment:

It is understood and agreed by City and Bergstrand that Bergstrand is an "at will" employee of the City appointed by the Council under the provisions of the City Charter. As such, Bergstrand serves at the pleasure of City and is not subject to the provisions of the City of Oroville Personnel Rules and Regulations.

Section 24. Notices:

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

A. TO CITY: Mayor, City of Oroville, 1735 Montgomery Street, Oroville, CA 95965 B. TO BERGSTRAND: Amy Bergstrand at her permanent residence address on record with the City of Oroville
Alternatively, notices required pursuant to this Agreement may be personally served to the same persons as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the United States Postal Service. 142
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Section 25. General Provisions:

A. The text herein shall constitute the entire agreement between the parties.

B. Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Bergstrand.

C. This Agreement shall not be assigned by Bergstrand or City.

D. This Agreement shall not be modified without the written consent of Bergstrand and City.

Approved by the City Council of the City of Oroville at a meeting held March 16, 2022.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF OROVILLE
Charles Reynolds, Mayor Amy Bergstrand,
Director of Business and Housing
APPROVED AS TO FORM:

Scott E. Huber, City Attorney
A-3407
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CITY OF OROVILLE

STAFF REPORT
TO: THE HONORABLE MAYOR AND MEMBER OF THE COUNCIL
FROM: MATT THOMPSON, ACTING CITY ENGINEER
RE: CAPITAL PROJECT TASK ORDERS.

DATE: MAY 11, 2022

SUMMARY
The Council may direct staff to issue task orders for the design of capital improvement projects for the 2022-23 construction season.

DISCUSSION
Staff has a list of capital improvement projects that are envisioned for the 2022-23 construction season. Staff is proposing to issue task orders to NorthStar Engineering for design services under contract number 3387. Staff requests authority to issue task orders for the following projects.

Task Order 4 – Oroville Dam Boulevard, Zepher to east of Pine Oak. Slope stabilization. $19,780.00.

Task Order 5 – Ophir Road, within city limits. The reconstruction of pavement, slope stabilization, and potential for widening the roadway. $100,526.00.

Task Order 6 – Oroville Dam Boulevard, Acacia to Zepher. Slope stabilization and restriping. $72,890.00.

Task Order 7 – Washington Street, railroad overcrossing to Oroville Dam Blvd. Pavement reconstruction. $139,840.00.

Task Order 8 – Montgomery roundabout. Pavement reconstruction, pedestrian flashing beacons. $46,305.00.

Task Order 12 – Downer Street lot. Verify existence or non-existence of underground storage tanks. $5,900.00.

Task orders 1, 2, 3 have been approved by Council previously. Task orders 9, 10, and 11 are still in process.
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FISCAL IMPACT
As proposed the above task orders will costs $385,241.00.

RECOMMENDATION
Staff recommends that the Council direct the City Administrator to issue the tasks orders discussed in the staff report to NorthStar Engineering.

ATTACHMENTS
Task Orders 4, 5, 6, 7, 8, and 12 (location maps included) 145
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TASK ORDER #4

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of ______________, 2022, by and between the City of Oroville (“City”) and NorthStar (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, specifically production of plans, specifications, estimates, etc. for slope stabilization and repair along Oroville Dam Boulevard from Zepher Way to approximately 500-ft easterly of Pine Oak and associated work; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number 3387 between the City and the Consultant.

TASK ORDER

1. Scope of Services. The Consultant shall complete all services in a professional manner. Consultant shall complete the services described in Consultant’s proposal attached as Exhibit “A” which is incorporated herein by reference.

2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.
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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $19,780.00 without additional written authorization from the City. Payment by City under this Task Order shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, a description of any reimbursable expenditures, the contract number, and the Task Order number.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

5. Extra Work. At any time during the term of this Task Order, 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 Consultant’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this Task Order. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

6. Termination. This Task Order may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for 147
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services properly performed up to the effective date of termination.

7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Task Order, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.

8. Licensing of Intellectual Property. This Task Order creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in documents or works of authorship fixed in any tangible medium of expression, including but not limited to, data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Task Order (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Task Order.

Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data 148
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at any time, provided that any such use not within the purposes intended by this Task Order shall be at City’s sole risk.

9. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Task Order 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 under this Task Order. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Task Order. 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 relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Task Order in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Task 149
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Order.
b. Consultant shall maintain all documents and records which demonstrate performance under this Task Order for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Task Order.
c. Any records or documents required to be maintained pursuant to this Task Order shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it’s practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Task Order. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

11. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City.

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it 150
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may have to any such rights.

12. Interest of Consultant. Consultant (including principals, associates, and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Task Order or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Task Order. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal Task Order monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

13. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Task Order. All work performed by Consultant under this Task Order shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent 151
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professionals in Consultant’s field of expertise.

14. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

15. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Task Order, any licenses, permits, insurance and approvals which are required by the City for its business.

16. Indemnity. Consultant agrees to indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including reimbursement of reasonable costs and expenses in connection therein), arising from its negligent performance of this Task Order or its failure to comply with any of its obligations contained in this Task Order, except for any such claim arising from the negligence or willful misconduct of the City, its officers, agents, employees or volunteers. With regard to any claim alleging Consultant’s negligent performance of professional services, Consultant’s defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s 152
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own cost and expense, shall procure and maintain insurance, for the duration of the Task Order, as required under Contract Number 3387 between the City and the Consultant. The terms of Contract Number 3387 between the City and the Consultant are incorporated by reference as if fully set forth herein. To the extent that any conflict exists between Contract Number 3387 and this Task Order, the terms of Contract Number 3387 shall control.

18. Notices. Any notice required to be given under this Task Order shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section:

If to City: City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Ross Simmons, Senior Managing Engineer 111 Mission Ranch Blvd., Suite 100
Chico, CA 95926
[email protected]

19. Entire Task Order. This Task Order constitutes the complete and exclusive statement of agreement between the City and Consultant for this Task Order. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Task Order in regard to professional services specifically provided under this Task Order. Other task orders issued to the Consultant by the City under Contract Number 3387 153
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stand alone and are unaffected by this Task Order.

20. Amendments. This Task Order may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Task Order is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Task Order will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Task Order without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Task Order shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law.

22. Waiver. Waiver of a breach or default under this Task Order shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Task Order.

23. Severability. If any term or portion of this Task Order is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Task Order shall continue in full force and effect. 154
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24. Controlling Law Venue. This Task Order and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Task Order shall be held exclusively in Butte County Superior Court or the United States District Court, Eastern District of California.

25. Litigation Expenses and Attorney’s Fees. If either party to this Task Order commences any legal action against the other part arising out of this Task Order, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

26. Execution. This Task Order may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Task Order, it shall not be necessary to produce or account for more than one such counterpart.

27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order.

Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order and to bind each respective party.

28. 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 Task Order. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, 155
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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 Task Order. For breach or violation of this warranty, City shall have the right to rescind this Task Order without liability. For the term of this Task Order, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Task Order, or obtain any present or anticipated material benefit arising therefrom.

29. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, disability, 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.

IN WITNESS WHEREOF, the parties have caused this Task Order to be executed on the date first written above.

CITY OF OROVILLE
By: ___________________________ By: ___________________________ Bill LaGrone, City Administrator Jay Lowe, Department Manager APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
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Oro Dam Blvd E & Pine Oak
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

SCOPE OF WORK

SERVICES PROVIDED
NorthStar has prepared the following scope of services to develop the project design and subsequent construction bid documents that best supports the successful implementation of this project. This scope is based on our understanding of the project at the time of this proposal, a recent site visit, our experience, and the Design Team’s collective experience with similar improvement projects. We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.

PROJECT DESCRIPTION
The scope of work for the Oro Dam Blvd & Pine Oak Project is to provide slope repair on both the North and South side of Oro Dam Blvd East. The project limits will extend to approximately 500 feet east of the intersection of Pine Oak and Oro Dam Blvd East and between the right of way.

Task 1 Project Management
NorthStar will perform the numerous services and activities associated with management of the construction contract. Diligent contract management for state funded contracts is a critical component in successfully managing these public funds and maintaining the City’s positive standing with funding agencies.

Project Administration and Overhead
Project Administration and Overhead includes front office and project administration including, but not limited to, managing insurance policies, packaging, mailing and deliveries, billing, Ajera billing software setup, certified payroll invoicing, etc.

Project Coordination
Explicit and thorough communications with the City and with the Design sub consultants is vital to the success of any project, and as such the NorthStar Design Team segregates this as a separate scope and budget component to acknowledge and account for this element during the life of the project development. To effectively manage the project NorthStar expects to have a weekly onehour meeting for a month duration with the City to review project progress and activities.

Quality Assurance / Quality Control
NorthStar approach to quality assurance and control program has been developed over the course of performing engineering consulting services for a variety of clients and complex projects over the past 30 years. Two primary methods for consistently delivering a quality product on-time and within budget; internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables. 1 157
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Oro Dam Blvd E & Pine Oak
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
Task 2 Topographic Survey and Basemapping
NorthStar will perform a topographic survey and provide a base map suitable for the design of the slope rehabilitation project. The survey will include the limits as depicted on the attached Attachment B falling between the road right-of-ways. The topographic map shall include:
• Surface improvements
• Topographic features
• Underground utilities compiled from utility surface features, as-built plans and franchise utility system maps (research performed by NorthStar).
• Fence Lines
• Existing striping
• Trees larger than 5” diameter, measured at breast height. • If sufficient record monuments are found to re-establish the right-of-way lines of Oro Dam Boulevard and Pine Oaks Road as shown on Book 15 of Maps, at Page 20, then the right-of-way lines will be depicted on the topographic survey map.

The vertical control will be on the North American Vertical Datum of 1988 (NAVD88). The topographic survey will be compiled in AutoCAD Civil 3D 2018. A signed pdf file of the Topographic Base Map and the AutoCAD drawing file will be provided for the project teams use.

Task 3 Design
Right of Way & Utility Coordination
NorthStar will communicate and coordinate with adjacent property owners to establish temporary construction signage, proposed fence relocation(s), tree removal, and other related permits and improvements if necessary.

NorthStar coordinate with utility companies to identify utility conflicts and collaborate on appropriate avoidance or relocation solutions.

Civil Design: 35%, 60%, & 90% Plans
The 35% design completion serves multiple functions in the design process such identifying and resolving site specific prospective challenges. Utilizing this phase of development for problem solving and iterative design prevents unnecessarily expenditure of resources on an errant design trajectory.

Next, 60% design task will progress the 35% preliminary design by incorporation of discussed refinements and preferred alternatives. This task is intended to perform the bulk of the design effort, and will include developing the bid item list, quantities, engineer’s estimate, and special (technical) specifications.

Based on the City technical review and comments to the 60%, the project plans, specifications and estimate will be progressed to a 90% level of completion including preparation and inclusion of applicable bid documents. Additionally, this level of design will be developed to support submittal for the Request for Allocation for the construction phase of the project. The project plans will include label detailing, notes, and design refinements to support 2 158
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Oro Dam Blvd E & Pine Oak
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
implementation of the project by any contractor. Similarly, project specifications and engineer’s estimate will be refined to support successful implementation of the project.

DELIVERABLES:
• 90% Complete Civil Design
• Engineers Estimate
• General and standard specifications
Final Design and Contract Documents
After receiving comments from the 90% level of design, the Contract and Construction Documents will be refined to address applicable comments and best support constructability of the project.

DELIVERABLES:
• One set of hard copy (letter size) and digital copy (pdf and MS Word) 90% level of project Bid Book; including
• General, Standard Special, revised (as applicable), Amended (as applicable) Provisions; • Bid Documents
• One set of hard copy (24x36) and digital copy (pdf or Design Review) 100% Contract and Construction Documents
Task 4 Storm Drain MS4
It is our understanding that the City of Oroville does not follow MS4 standards and specifications. It is assumed that storm drain MS4 management system complying with Post Construction Standards will not be required for this project and is not included in the proposal.

Although MS4 is not required, time has been included in the estimate to provide a clarification letter and supporting documentation to the City of Oroville.

Task 5 Bidding
NorthStar will route for signatures and deliver the Final (100%) Contract Documents for bidding purposes after completion of full review and subsequent modifications.

Additionally, NorthStar will aid the City during the construction bidding and awarding process.

Specifically, NorthStar will provide technical support to the City by answering and documenting questions from potential bidders and staff. NorthStar will also provide written responses to contractor requests for information (RFI’s) during the bidding process and draft addendums as applicable.

NorthStar will coordinate and assist the Client with the following:
• Answer any questions from contractors and/or bidders
• Responses will be provided via phone, email, formally response to submitted RFI’s • Prepare addendums to be released to the bidders
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Oro Dam Blvd E & Pine Oak
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
Task 6 Geotechnical investigation
Bajada Geosciences will perform a geotechnical evaluation of Pine Oak Road within the project limits. This investigation will provide recommendations to aid in slope stabilization. A detailed proposal by Bajada Geosciences can be found in Attachment A. 4 160
Item 8.

Oro Dam Blvd E & Pine Oak
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

PROJECT EXCLUSIONS
• Environmental Review: including preparation of a Notice of Exemption (NOE) for the proposed project pursuant to CEQA Guidelines Section 15062 and Appendix E • Landowner coordination: including right of way appraisals and acquisitions when necessary • SWPPP can be provided for additional cost
• Construction staking can be provided for an additional cost • This estimate does not include any improvements to Oro Dam Blvd E • Pre-bid meetings are not included
5 161
Item 8.

Oro Dam Blvd E & Pine Oak
Professional Services Agreement Scope of Work; NorthStar 4/5/2022
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT:CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

BY: Fritz Mckinley BY: Lambert O. Lowe
TITLE: Senior Engineer TITLE: Senior Engineer
LICENSE NO. RCE 59574 LICENSE NO. RCE 59077
SIGNED: SIGNED:

DATE: DATE:
7 162
Item 8.

Quality Geotechnical Engineering Services
March 4, 2022
Proposal P22.0111
Ms. Jackie Hollmer, P.E.

NORTHSTAR ENGINEERING
111 Mission Ranch Blvd, Ste. 100
Chico, CA 95926
Subject: Proposal for Geotechnical Services
Oro Dam Boulevard East Slope Stabilization
City of Oroville, California

Dear Ms. Hollmer:

Bajada Geosciences, Inc. (BAJADA), is pleased to present this proposal to Northstar Engineering (Northstar), to provide geotechnical engineering services for evaluation of methods to increase stability of slopes along a segment of Oro Dam Boulevard East in the City of Oroville, California. The following proposal presents our understanding of the project, a scope of services, estimated costs, and a schedule to complete our studies.

PROJECT UNDERSTANDING
We understand that cut slopes bordering a portion of Oro Dam Boulevard East have locally been failing and that alternatives for increasing the stability of those slopes are needed. The segment of roadway of concern extends from the intersection of Oro Dam Boulevard East with Pine Oaks Road to about 500 feet east of
that intersection, as shown
on Figure 1. Those slopes
border each side of the
road, are inclined at up to
about 0.5:1
(horizontal:vertical), and
are up to about 30 feet tall.

Surficial slope failures are
visible across much of the
faces of those cut slopes
and expose slightly
cemented granular
volcaniclastic sediments, in
many areas rich in gravels
and cobbles.

Figure 1
10 163
Item 8.

Proposal to Provide Geotechnical Engineering Services
Oro Dam Boulevard East Slope Stabilization
City of Oroville, California
March 4, 2022
P22.0111_PineOakRd_3-4-2022

SCOPE OF SERVICES
Based on our understanding of the project, we have prepared the following scope of services for the project.

Task 1 – Geologic Mapping & Sampling
We will perform geologic mapping of the slope to help identify stratigraphy that is exposed, which is likely controlling the stability of the slopes. The mapping will be performed over the course of one working day and will not require work within the traveled way. Thus, we have not included a scope or fee to obtain an encroachment permit from the City.

During mapping, we will obtain disturbed and relatively undisturbed soil samples from selected locations across the cut slope faces. The relatively undisturbed samples will be obtained using 2.5- inch-diameter by 6-inch-long stainless-steel sampling sleeves that will be driven using hand sampling equipment. The samples will be capped and sealed and returned to our office for assignment of laboratory tests.

Task 2 – Laboratory Testing
Soil samples obtained during Task 1 will be delivered to BAJADA’s office for assignment of laboratory testing. It is anticipated that the following laboratory tests will be performed during the course of this study:

ANTICIPATED LABORATORY TESTING SCHEDULE
Test Standard Test Method Number of Tests
In situ Moisture/Dry Density ASTM D2937 8
Atterberg Limits ASTM D4318 4
Grain Size Analysis ASTM D422 4
Direct Shear ASTM D3080 4
Maximum Density/Optimum Moisture ASTM D1557 1
Soil Chemistry AASHTO T290/291 2
The actual types and numbers of tests that will be performed may vary from those presented in the above table and will be determined after the field exploration has been performed.

Task 3 – Geotechnical Analysis
Upon completion of the above-noted tasks, we will perform evaluations for the project using our mapping and laboratory testing data. The evaluations will consist of the following:
 Soil/geologic profiles along the cut slopes;
 Characterization of the existing slope failures;
11 164
Item 8.

Proposal to Provide Geotechnical Engineering Services
Oro Dam Boulevard East Slope Stabilization
City of Oroville, California
March 4, 2022
P22.0111_PineOakRd_3-4-2022
 Identification of potential alternatives that can be used to increase slope stability in the project area. Those alternatives will likely consist of decreasing slope angles, soil nailing, draping and pinning slopes, and slope retention structures; and  Slope stability analyses to estimate the effectiveness of the alternatives proposed for reducing slope instability.

Slope stability evaluations will be performed using limit-equilibrium methods using the computer program SLIDE 2018. In addition, infinite slope stability modeling will be performed for relatively shallow slope failures. Stability evaluations will meet current standards set forth by the California Geological Survey.

Task 6 – Reporting
Results of the field investigation, laboratory testing, and analyses will be summarized and concluded in a written letter-report. That report that will contain, at a minimum, the following:

 A description of the proposed project;
 A description of the field mapping methods and sampling program;  The geologic map prepared for the cut slopes within the project area. That map will indicate locations where soil samples were obtained;
 Results of laboratory testing;
 A description of select, existing, available data collected, reviewed, and utilized during this study;
 Estimated excavatability of soil and rock materials;
 Alternatives evaluated to increase slope stability and their respective estimated effectiveness;
 Recommendations related to geotechnical aspects of:
 Site grading and drainage, including compaction criteria and potential reuse of on-site soils as select backfill materials; and  Lateral earth pressures (active, at-rest, and passive) under static and dynamic conditions for retention structures;
 An appendix presenting the results of our laboratory testing; and  An appendix presenting methods and results of stability analyses.

Unless otherwise directed, we will submit a draft copy of the report in a *.pdf format for review and comment. Upon receipt of comments, we will edit the draft report then submit the finalized report for Northstar’s use.
12 165
Item 8.

Proposal to Provide Geotechnical Engineering Services
Oro Dam Boulevard East Slope Stabilization
City of Oroville, California
March 4, 2022
P22.0111_PineOakRd_3-4-2022

ESTIMATE OF FEES
Our services will be performed on a time and expenses basis in accordance with the fees presented on our attached Fee Schedule. For the scope of work outlined above, we estimate that our fees will be $17,200. Those fees will not be exceeded without written authorization from Northstar.

SCHEDULE
We are prepared to initiate our services immediately upon receipt of authorization to proceed with the study. We estimate that our geotechnical studies can be completed within 6 to 8 weeks following receipt of authorization to proceed with those services. The field exploration services schedule will be influenced by the availability of exploration equipment, site access, permit acquisition, and inclement weather, all of which are out of BAJADA’s control.

CLOSURE
We appreciate the opportunity to propose on this project and look forward to working with you on this study. If you have questions regarding this proposal or require additional information, please contact me at (530) 638-5263 at your convenience.

Regards,
BAJADA GEOSCIENCES, INC.

James A. Bianchin, C.E.G.

Principal Engineering Geologist
Attachment: 2022 Fee Schedule
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Item 8.
2022 FEE SCHEDULE

PROFESSIONAL STAFF HOURLY RATE
Administrative ....................................................................................................................................... $ 70 Illustrator ................................................................................................................................................ $ 85 Technician .............................................................................................................................................. $ 90 Staff Professional ................................................................................................................................. $ 110 Project Professional ............................................................................................................................. $ 125 Senior Professional .............................................................................................................................. $ 135 Principal Professional .......................................................................................................................... $ 150 Principal Consultant ............................................................................................................................ $ 150 Overtime & Prevailing Wage Rates for Technical and Office Staff:
a. Saturday or over 8 hours/day during weekdays............................................ 1.3 x straight time b. Sundays/holidays.......................................................................................... 1.5 x straight time c. Swing or graveyard shift premium................................................................. 1.3 x straight time d. Prevailing Wage rates....................................................................... Quoted relative to Project

OTHER DIRECT CHARGES
Subcontracted Services .......................................................................................... Cost Plus 15% Outside Reproduction ............................................................................................. Cost Plus 15% Laboratory Testing .................................................................................................. Cost Plus 15% Outside Equipment ................................................................................................. Cost Plus 15% Out-of-Pocket Expenses ......................................................................................... Cost Plus 15% Travel and Subsistence .......................................................................................... Cost Plus 15% Field Vehicle ......................................................................................................................$25/day Unmanned Aerial System ................................................................................................$250/day Vehicle Mileage.............................................................................................................. $0.80/mile Specialized Software Applications ...................................................................................... $40/hr 14 167
Item 8.
© 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 TomTom 16 168
Item 8.

Oro Dam Blvd E & Pine Oak
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

STANDARD HOURLY RATES
Effective July 1, 2021 through June 30, 2022*
Engineering/Surveying Hourly Rate
Principal Engineer/Surveyor $220.00
Senior Managing Engineer/Surveyor $200.00
Senior Engineer/Surveyor $180.00
Associate Engineer/Surveyor $160.00
Assistant Engineer/Surveyor $140.00
Junior Engineer $120.00
Senior Designer/Technician $130.00
Associate Designer/Technician $110.00
Assistant Designer/Technician $ 90.00
Party Chief $180.00
Two-Person Survey Crew $245.00
Three-Person Survey Crew $310.00
Party Chief (Prevailing Wage) $200.00
Two-Person Survey Crew (Prevailing Wage) $325.00
Architecture Hourly Rate
Senior Architect $175.00
Project Architect $160.00
Assistant Architect $145.00
Architectural Job Captain $130.00
Architectural Drafter $110.00
Planning/Environmental/GIS Hourly Rate
Principal Planner (Wolfe) $170.00
Senior Planner/Enviro Scientist/Planner/GIS Analyst $145.00 Associate Planner/Enviro Scientist/Planner/GIS Technician $120.00 Assistant Planner/Enviro Scientist/Planner $100.00
Administrative Hourly Rate
Project Management $160.00
Administrative $ 95.00
Other Rate
Litigation Support – Expert Witness Testimony $500.00 per hour Mileage Current Federal Rate
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Subcontractors Cost + 15%
*Rates typically increase 4-5% per year
8 169
Item 8.

Oro Dam Blvd E & Pine Oak
Professional Services Agreement Scope of Work; NorthStar 4/5/2022

COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 66,080 Task 1: Project Management $7,660
Task 2: Topographic Survey & Base Map $17,740
Task 3: Design $14,260
Task 4: MS4 $1,120
Task 5: Bidding $5,520
Task 6: Geotechnical Investigation (Bajada Geosciences + 15%) $19,780 6 170
Item 8.

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TASK ORDER #5

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of ______________, 2022, by and between the City of Oroville (“City”) and NorthStar (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, specifically production of plans, specifications, estimates, etc. for the reconstruction of pavement, slope stabilization, potentially widening the roadway and associated work on Ophir Road within City limits; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number 3387 between the City and the Consultant.

TASK ORDER

2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.
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Item 8.

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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $100,526.00 without additional written authorization from the City. Payment by City under this Task Order shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

Page 3 of 11 ends

services properly performed up to the effective date of termination.

Page 4 of 11 ends

at any time, provided that any such use not within the purposes intended by this Task Order shall be at City’s sole risk.

Page 5 of 11 ends

Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it 175
Item 8.

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Oroville City CouncilMay 17, 2022

Oroville City Council
May 17, 2022