Oroville City Council
June 21, 2022

June 21, 2022~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
June 21, 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
https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09 Meeting ID: 968 7031 9529
Passcode: 67684553

3. Listen via Telephone
Telephone: 1-669-900-6833
Meeting ID: 968 7031 9529
Passcode: 67684553
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 June 21, 2022~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

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

1. Pursuant to Government Code section 54956.9(d)(2), the Council will meet with the City Administrator and City Attorney regarding potential exposure to litigation – one case.

2. 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 and City Administrator

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. Presentation and Introduction of Members from the Hope Center and City Works 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 - 5 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 Council may approve the minutes of May 17, 2022, June 7, 2022 and June 14, 2022.

RECOMMENDATION
Approve the minutes of May 17, 2022, June 7, 2022 and June 14, 2022

2. PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF OROVILLE AND TOM

LANDO CONSULTING
The City Council will consider an agreement with Tom Lando Consulting for professional consulting services for annexation projects and building expediting development services, and for executive leadership as needed for the duration of this amendment.

RECOMMENDATION
Adopt Resolution No. 9063 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDED

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF OROVILLE AND TOM LANDO for professional services described in the staff report. 2 June 21, 2022~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

3. SR 162 ATP PROJECT - CONSULTANT AMENDMENT NO. 2 FOR DESIGN AND SUPPORT

SERVICES
The Council will consider a design contract amendment for the SR 162 ATP Project to complete additional survey, signal modifications, City requested fiber optic conduit crossing (Oro Dam Hwy at 5th Ave), and additional drainage design required by the project impacts to the corridor.

This additional work is required to complete project as defined under the ATP and BTA grants and its impacts to adjacent properties. The original design contract also requires an extension to December of 2023.

RECOMMENDATION
Staff recommends approving the amendment for Mark Thomas and extending the contract end date to December 31, 2023.

4. PAVEMENT REHABILITATION LIST FOR SUBMITTAL TO CALIFORNIA

TRANSPORTATION COMMISSION (CTC) FOR FUNDING COMPLIANCE
The Council may consider adopting the attached resolution and authorize the City Engineer and Financial Director to submit a list of prioritized roads and streets for rehabilitation to the CTC for compliance with CTC guidelines. The CTC requires the submittal for the City to be eligible for additional funding under Senate Bill 1 (SB 1) and Assembly Bill 135 (AB 135).

RECOMMENDATION
Adopt Resolution No. 9064- a Resolution of the city council of the city of Oroville Adopting a list of projects for Fiscal Year 2022-23 funded by SB 1: The Road Repair and Accountability Act of 2017

5. REQUEST FOR PROPOSAL FOR ABANDONED VEHICLE ABATEMENT TOWING SERVICE The Council will consider releasing a request for proposal for Abandoned Vehicle Abatement (AVA) towing services within the incorporated areas of the City of Oroville.

RECOMMENDATION
Authorize staff to release the Request for Proposal for Abandoned Vehicle Abatement Towing Services
3 June 21, 2022~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5

REGULAR BUSINESS

6. CONSIDER AND ADOPT THE TRANSITIONAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE OROVILLE FIRE FIGHTER’S ASSOCIATION

AND THE OROVILLE FIRE MANAGERS
The City Council will consider the transitional Memorandum of Understanding between the City of Oroville and the Oroville Fire Fighter’s Association (OFFA) and the Oroville Fire Managers. The purpose of the MOU is to complete the transition of City of Oroville Fire Fighters to Cal Fire.

RECOMMENDATON
Adopt Resolution No. 9065 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE TRANSITIONAL

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE OROVILLE FIRE FIGHTER’S ASSOCIATION – (Agreement No. 3421).

Adopt Resolution No. 9066 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE TRANSITIONAL

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE OROVILLE FIRE MANAGER’S ASSOCIATION – (Agreement No. 3422).

PUBLIC HEARINGS
The Public Hearing Procedure is as follows:
- Mayor or Chairperson opens the public hearing and staff will present the item and answer Council questions.
- 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 and then the Council will debate and take action - Those wishing to speak at the public hearings below, but unable to attend before 5pm, may request that the council consider holding the public hearing after 5pm by emailing [email protected] or calling 530-538-2535. Please submit request 24 hours before the meeting.
- Individuals may email comments for council consideration to [email protected]

7. 2022-23 ADOPTED BUDGET
The Council will consider approving the 2022/2023 annual budget for the fiscal year 2022-

23. RECOMMENDATION
Adopt Resolution No. 9061 - A RESOLUTION OF THE OROVILLE CITY COUNCIL ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 2022/2023
4 June 21, 2022~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5

8. APPROPRIATIONS LIMIT
The Council will conduct a public hearing and may consider continuing the adoption of the fiscal year 2022-23 Appropriations Limit.

RECOMMENDATION
Adopt Resolution No. 9062- A RESOLUTION OF THE OROVILLE CITY COUNCIL SETTING THE APPROPRIATIONS LIMIT (PROPOSITION 4) FOR FISCAL YEAR 2022-23.

9. CONSIDERATION OF A RESOLUTION ELECTING TO HAVE THE CITY OF OROVILLE

BECOME SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST

ACCOUNTING PROCEDURES AND CONSIDERATION OF AN ORDINANCE AMENDING TITLE 2 OF THE OROVILLE MUNICIPAL CODE AMENDING CHAPTER 2.24 BUREAU OF

PURCHASE, CONCERNING THE IMPLEMENTATION OF UNIFORM CONSTRUCTION

COST ACCOUNTING ACT PROCEDURES
This item has been continued to the July 5, 2022 City Council Meeting.

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports

4. Correspondence
i. Departmental reports for May 2022

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on July 5, 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. 5 HOPE CENTER AND

CITY WORKS

THANK YOU FOR THE DEDICATION TO OUR
CITY!
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THANK YOU
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May 17, 2022~4:00 PM Oroville City Council Meeting Minutes Page 1 of 5

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

REGULAR MEETING

MINUTES
This agenda was posted on May 13, 2022 at 3pm. This meeting was recorded and can be viewed on YouTube or at cityoforoville.org

CALL TO ORDER / ROLL CALL
Mayor Reynolds opened the meeting at 4:00pm
PRESENT: Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
STAFF: City Administrator Bill, Director of Business Assistance and Housing Amy Bergstrand, Assistant City Administrator Ruth Wright, Assistant Community Development Director Dawn Nevers, Code Enforcement Director Ron Belser, City Attorney Scott Huber, Assistant City Clerk Jackie Glover, City Treasurer Karolyn Fairbanks, Assistant Planner Danny Kopshever, Assistant Planner Connor Musler, Principal Planner Wes Ervin

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.

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

3. Pursuant to Government Code section 54956.8, the Council met 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 – 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 Goodson and second by Council Member Smith to adopt the agenda. Motion passed unanimously.

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

May 17, 2022~4:00 PM Oroville City Council Meeting Minutes Page 2 of 5 PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on non-agenda items:
- Denn Smith - Bill Speer - The Cameraman
The following individuals spoke on agenda items:
- Bill Speer – Item 7 and 9 - Warren Jensen – Item 9 - Linda Oslin – Item 12

CONSENT CALENDAR
Motion by Council Member Smith and second by Council Member Goodson to adopt the consent calendar items 1-6 and 8. Motion passed unanimously.

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

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

2. OROVILLE CITY EMPLOYEE MORTGAGE ASSISTANCE PROGRAM
The council authorized modifications to the Oroville Safety Mortgage assistance program guidelines as described in the staff report.

3. TRANSFER FUNDS FROM 20-CDBG-CV23-00113 UTILITY ASSISTANCE PROGRAM TO 20-CDBG-CV23-00112 WYANDOTTE ACADEMY IMPROVEMENTS
The Council approved 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 approved the Historic Preservation Award Program of The City of Oroville Historic Advisory Commission and adopted resolution no. 9046.

5. AUTHORIZE GENERATOR PURCHASE FOR SEWER DEPARTMENT EQUIPMENT Council approved the emergency purchase of the 2022, 125 KVA Doosan generator from the Rental Guys Rental Equipment Center for the Olive Glen sewer pump station.

6. TAX AND LICENSE ADMINISTRATION
The Council approved the authorization of tax and license administration services provided by MuniServices, LLC and authorized the mayor to sign the contract.

8. CAPITAL PROJECT TASK ORDERS
The Council directed the City Administrator to issue task orders for the design of capital improvement projects for the 2022-23 construction season with NorthStar Engineering. 81 Item 1.

May 17, 2022~4:00 PM Oroville City Council Meeting Minutes Page 3 of 5

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

BERGSTRAND, AND DAWN NEVERS
The Council considered amendments to the Employment Agreements with Ruth Wright, Ron Belser, Amy Bergstrand and Dawn Nevers.

Motion by Council Member Riggs and Second by Vice Mayor Thomson to 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). Motion passed unanimously.

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

PUBLIC HEARINGS
Mayor Reynolds opened the public hearing at 5:22pm.

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 considered 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.

Motion by Council Member Goodson and second by Council Member Riggs to 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.

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

10. PUBLIC HEARING 2022 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION The Council conducted 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.

The council provided consensus to move forward with the application process. 82 Item 1.

May 17, 2022~4:00 PM Oroville City Council Meeting Minutes Page 4 of 5

REGULAR BUSINESS

11. TIME OF COUNCIL MEETINGS AND PUBLIC HEARINGS
The Council considered the time of Council meetings and beginning time for Public Hearings Motion by Vice Mayor Thomson and second by Council Member Goodson to remove the 5:15 time related to public hearings, reorder the agenda to make public hearings after regular business and to add information to the public hearing section of the agenda to inform residents on how to request that the public hearing be after 5pm. Motion passed.

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

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

Motion by Council Member Smith and second by Council Member Goodson to 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). Motion passed.

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

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
a. Pittman – Fireworks are moving forward; Oroville Economic Alliance will have the contract.
b. Smith – 8am on July 4th a Fly-In at the Airport.
c. Reynolds – Jet Boat Race – Read a letter from the organizer, National Jet Boat Association, gave an update on his family.

2. Future Agenda Items – Security Cameras Incentive – Pittman

3. Administration Reports
a. Bergstrand – Gave a loan portfolio update.
b. Nevers – Goats returning in a few weeks, public safety building facade updates in coming weeks.
c. Wright – Thanked the Council for contract approval
d. Belser – New Employee, Staff completed training, City Works Crew Update e. Departmental Reports for April 2022 – Written report provided to council

4. Correspondence
83 Item 1.

May 17, 2022~4:00 PM Oroville City Council Meeting Minutes Page 5 of 5 i. FERC Correspondence
ii. Haven of Hope on Wheels Update

ADJOURN THE MEETING
Mayor Reynolds adjourned the meeting at 5:44pm.

APPROVED: ATTESTED:
___________________________________ ________________________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 84 Item 1.

June 07, 2022~4:00 PM Oroville City Council Meeting Minutes Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
June 07, 2022

MINUTES
This agenda was posted on June 3, 2022 at 2pm. This meeting was recorded and may be viewed at cityoforoville.org

CALL TO ORDER / ROLL CALL
Mayor Reynolds called the meeting to order at 4pm.

PRESENT: Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
STAFF: City Administrator Bill LaGrone, Assistant City Administrator Ruth Wright, Assistant Community Development Director Dawn Nevers, Code Enforcement Director Ron Belser, City Attorney Scott Huber, Assistant City Clerk Jackie Glover, Director of Business Assistance and Housing Development Amy Bergstrand, Fire Chief Chris Tenns, Assistant Planner Conner Musler, City Treasurer Karolyn Fairbanks,

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

1. Pursuant to Government Code section 54956.8, the Council met 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, APN: 035-290-003

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 – two cases.

3. 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 and Fire Chief

OPEN SESSION

1. Announcement from Closed Session – Mayor Reynolds announced that direction was given; no action was taken on Items 1 and 3. City Attorney Huber announced that in regard to item 2, a motion was Made by Mayor Reynolds and second by Council Member Goodson to reject a claim received by the city and to send a rejection notice. Motion passed unanimously.

2. Pledge of Allegiance – Led by Mayor Reynolds

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

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

June 07, 2022~4:00 PM Oroville City Council Meeting Minutes Page 2 of 7 PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on non-agenda items:
- Stephanie Holstein
- Bryan Williams
- Dee Hunter
- Daniel Ballard
- Bill Speer
- The Cameraman
The following individuals spoke on agenda items:
- Tasha Levinson – Item 10
- The Cameraman – Item 11 and 13
- Kay Castro – Item 14
- Bill Speer – Item 14
- Dee Hunter – Item 15
- Steve Christensen – Item 16

CONSENT CALENDAR
Motion by Council Member Riggs and second by Council Member Goodson to approve Consent Calendar Items 1-6, 8, 11. Motion passed.

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

1. CONFLICT OF INTEREST CODE 2022 UPDATE
The Council adopted Resolution No. 9051 – A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF OROVILLE, CALIFORNIA, RATIFYING THE CONFLICT OF INTEREST CODE FOR THE CITY OF OROVILLE.

2. NOVEMBER 7, 2022 GENERAL MUNICIPAL ELECTION RESOLUTIONS The City Council Adopted Resolution No. 9052 - A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF OROVILLE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2022, FOR THE

ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE OROVILLE CITY MUNICIPAL CHARTER; and Adopted Resolution No. 9053 - A

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

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 7, 2022,

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE; and Adopted Resolution No. 9054 - A

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

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO

CANDIDATE STATEMENTS SUBMITTED TO THE VOTERS AT A GENERAL MUNICIPAL ELECTION.
86 Item 1.

June 07, 2022~4:00 PM Oroville City Council Meeting Minutes Page 3 of 7

3. 2021-2022 COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION The Council Adopted Resolution No. 9057 - A RESOLUTION APPROVING AN

APPLICATION FOR FUNDING AND THE EXECUTION FROM A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2021-22 FUNDING YEAR OF THE STATE CDBG

PROGRAM

4. SUB-RECIPIENT AGREEMENT WITH THE OROVILLE HOPE CENTER-CITY WORKS

PROGRAM FOR COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD

CLEANUP PROGRAM
The Council Adopted Resolution No. 9056 - A RESOLUTION OF THE OROVILLE CITY

COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A SUB-RECIPIENT AGREEMENT IN THE AMOUNT OF $600,000, BETWEEN THE CITY OF OROVILLE AND THE

OROVILLE HOPE CENTER-CITY WORKS PROGRAM FOR NEIGHBORHOOD CLEAN UP, FOR A PERIOD TO COINCIDE WITH THE 21-22 CDBG GRANT AWARD - (Agreement No. 3417).

5. FORECLOSURE OF 14 WESTWOOD WAY
The City Council considered the foreclosure on property located at 14 Westwood Way, Oroville (APN 068-190-026). And authorized the foreclosure of City’s loan interest on the property located at 14 Westwood Way, Oroville CA (APN 068-190-026) by approving Resolution No. 9055.

6. AGREEMENT FOR AS NEEDED PROFESSIONAL IT SERVICES WITH STRATTI The Council authorized the Mayor to contract with Stratti for as needed professional IT services.

8. SECOND 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 adopted Ordinance No. 1860 - 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.

11. PUBLIC SAFETY REPLACEMENT OF DAMAGED AND DESTROYED OFFICE FURNITURE

AND VARIOUS APPLIANCES
The Council authorized and directed staff to execute a one-time purchase from A-1 Appliance for the purchase of appliances in the amount of $4,798.17; and authorized and directed staff to execute a one-time purchase from National Business Furniture for the purchase of workstations in the amount of $47,764.73. CMAS Contract #4-20-71-00970 Council Member Smith Recused himself from Item 9 and 10 due to his place of employment.

9. NORTH STAR PLACE BRANDING CONTRACT FOR PROFESSIONAL SERVICES TO

CREATE A NEW OROVILLE BRAND
The City Council considered approving a professional services agreement with North Star Branding for place branding and marketing for $77,000, plus options to extend the contract for up to two more years.
87 Item 1.

June 07, 2022~4:00 PM Oroville City Council Meeting Minutes Page 4 of 7 Motion by Council Member Riggs and second by Council Member Goodson to approve the professional services agreement with North Star Branding for place branding and marketing.

Motion passed.

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

10. THIRTEENTH (13TH) AMENDMENT RESOLUTION TO THE SUPPLEMENTAL BENEFITS

FUND IMPLEMENTATION AGREEMENT WITH THE STATE OF CALIFORNIA

DEPARTMENT OF WATER RESOURCES
The Council may consider a resolution for the 13th Amendment to the Supplemental Benefits Fund (SBF) Implementation Agreement between the City of Oroville, as Fund Administrator of the SBF, and the State of California Department of Water Resources extending the term until July 20, 2022.

Motion by Council Member Riggs and second by Council Member Goodson to Adopt Resolution No. 9058 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING

AND DIRECTING THE MAYOR TO EXECUTE AN AMENDMENT TO THE SUPPLEMENTAL

BENEFITS FUND (SBF) IMPLEMENTATION AGREEMENT BETWEEN THE CITY OF

OROVILLE AS FUND ADMINISTRATOR, AND THE STATE OF CALIFORNIA DEPARTMENT

OF WATER RESOURCES (DWR) FOR ADVANCE FUNDING TO THE SBF IN THE AMOUNT OF $135,000 WHICH REPRESENTS THE BALANCE OF ADVANCE FUNDS AS DETAILED IN THE SETTLEMENT AGREEMENT FOR THE LICENSING OF THE OROVILLE FACILITIES – FERC PROJECT NO. 2100, MARCH 21, 2006, APPENDIX B, SECTION B100 E 3.0. Motion passed.

AYES: Hatley, Goodson, Riggs, Pittman, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: Smith (Recused)
Council Member Smith Returned to the Meeting

12. 2022-23 PRELIMINARY BUDGET
The Council received the 2022/2023 Preliminary Budget for review prior to the public hearing set for June 21, 2022.

Motion by Vice Mayor Thomson and second by Council Member Riggs to receive the 2022-23 Preliminary Budget – Pittman, Goodson, Hatley, No
AYES: Smith, Riggs, Thomson, Reynolds
NOES: Pittman, Goodson, Hatley
ABSTAIN: None
ABSENT: None
Council Member Pittman Recused himself from Item 7

7. SR 162 ATP PROJECT - RIGHT OF WAY NEGOTIATION AND APPRAISAL OFFERS TO

SUPPORT THE PROJECT CONSTRUCTION
The Council considered approving staff to begin negotiations with twelve property owners to offer just compensation for the acquisition of additional right-of-way along SR 162 to support the 88 Item 1.

June 07, 2022~4:00 PM Oroville City Council Meeting Minutes Page 5 of 7 construction of sidewalk connectivity and mobility improvements as required by the SR 162 ATP Grant.

Motion by Vice Mayor Thomson and second by Council Member Riggs to approve having the project team contact the property owners with offers for right-of-way acquisition. Motion passed.

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

REGULAR BUSINESS

13. PUBLIC SAFETY FACILITY REMODEL PROJECT – AGREEMENT AMENDMENT NO. 2 The Council considered Amendment No. 2 to Agreement No. 3394 D.H. Slater & Sons, Inc. for the additional cost of change orders due to discovery during demolition and remodel Public Safety Building.

Motion by Council Member Smith and second by Council Member Goodson to approve contract Amendment No. 2 in the amount of $250,000.00. Motion passed.

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

14. CONSIDER THE PARK COMMISSION REQUEST TO OVERSEE THE CITY MUSEUMS The City Council considered the request from the Park Commission to oversee the City’s five museums.

Motion by Council Member Smith and second by Vice Mayor Thomson allow the duties to remain with the Museum Facilities Curator. Motion passed.

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

15. CONSIDER A REQUEST BY THE GEE FAMILY FOR THE CITY TO ACQUIRE 1698

BRODERICK STREET AND CONSTRUCT A REPLICA OF THE JEE WAH TONG GENERAL

STORE AND CONSIDER PRESERVATION OF AN EXISTING POMELO TREE WHERE THEY ORIGINALLY STOOD IN THE EARLY 1900’S
The City Council considered a request received from the Gee family to acquire 1698 Broderick Street to reconstruct a replica of the Jee Wah Tong (JWT) general merchandise store in addition to the preservation of the existing Pomelo tree at that location.

Motion by Council Member Goodson and second by Vice Mayor Thomson in support of this request remaining a private endeavor to not exacerbate the existing city resources and docent association for the museums. Motion passed.

AYES: Hatley, Goodson, Pittman, Riggs, Smith, Thomson, Reynolds 89 Item 1.

June 07, 2022~4:00 PM Oroville City Council Meeting Minutes Page 6 of 7 NOES: None
ABSTAIN: None
ABSENT: None

16. AMENDING THE MASTER DISPOSITION AND DEVELOPMENT AGREEMENT WITH CMG PROJECT 1200, LLC FOR THE DEVELOPMENT OF THE GATEWAY PROPERTY The Council considered amending the Master Disposition and Development Agreement with CMG Project 1200, LLC, for the development of the Gateway Project.

Motion by Vice Mayor Thomson and second by Council Member Riggs to Adopt Resolution No. 9059 – A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH CMG PROJECT 1200, LLC.

FOR THE DEVELOPMENT OF THE GATEWAY PROJECT (Agreement No. 3420). Motion passed.

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

PUBLIC HEARINGS

17. CONSIDERATION OF A RESOLUTION ELECTING TO HAVE THE CITY OF OROVILLE

BECOME SUBJECT TO THE CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST

ACCOUNTING PROCEDURES AND CONSIDERATION OF AN ORDINANCE AMENDING TITLE 2 OF THE OROVILLE MUNICIPAL CODE AMENDING CHAPTER 2.24 BUREAU OF

PURCHASE, CONCERNING THE IMPLEMENTATION OF UNIFORM CONSTRUCTION

COST ACCOUNTING ACT PROCEDURES
This item was continued to the June 21, 2022 City Council Meeting.

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
a. Riggs – Gave an update regarding ODBA Events and thanked the Arts Commission for their support for live performances.
b. Smith – Gave an update on the 4th of July Flyin and the Rotary Fireworks show, at the Airport.
c. Pittman – Gave an update on the Butte County Housing Authority

2. Future Agenda Items
a. None

3. Administration Reports
a. LaGrone – Tuesday Special City Council Meeting Tentatively. b. Bergstrand – Provided a Housing Department Update
c. Tenns – Provided a Fire Department Update
d. Nevers – Provided a Streets Department Update

4. Correspondence
i. PG&E Notice of Request to increase rates
90 Item 1.

June 07, 2022~4:00 PM Oroville City Council Meeting Minutes Page 7 of 7 ii. Oroville Union High School District information related to increased School Facilities Fees
iii. FERC Correspondence

ADJOURN THE MEETING
Mayor Reynolds Adjourned the meeting at approximately 6:30pm.

APPROVED: ATTESTED:
________________________________ ____________________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 91 Item 1.

June 14, 2022~4:00 PM Oroville City Council Special Meeting Minutes Page 1 of 2

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
June 14, 2022

SPECIAL MEETING MINUTES
This agenda was posted on June 9, 2022. 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 4pm.

PRESENT: Council Members: Art Hatley, Krysi Riggs, Janet Goodson, Eric Smith, David Pittman, Vice Mayor Scott Thompson (4:04pm), Mayor Chuck Reynolds.

STAFF: City Administrator Bill LaGrone, Treasurer Karolyn Fairbanks, Assistant City Administrator Ruth Wright, Code Enforcement Director Ron Belser, Director of Business Assistance and Housing Development Amy Bergstrand, Assistant City Clerk Jackie Glover, Assistant Community Development Director Dawn Nevers.

OPEN SESSION

1. Pledge of Allegiance – Led by Mayor Reynolds

2. Adoption of Agenda – Motion by Council Member Smith and seconded by Council Member Riggs to adopt the agenda. Motion passed.

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

CONSENT CALENDAR
Motion by Council Member Smith and seconded by Council Member Goodson to approve the consent calendar. Motion passed.

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

1. NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION RESOLUTIONS The City Council adopted Resolution No. 9052 - A RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF OROVILLE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, FOR THE

ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE OROVILLE CITY MUNICIPAL CHARTER; and adopted Resolution No. 9053 - A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA, 92 Item 1.

June 14, 2022~4:00 PM Oroville City Council Special Meeting Minutes Page 2 of 2

REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022,

WITH THE STATEWIDE GENERAL ELECTION TO BE HELD PURSUANT TO SECTION 10403 OF THE CALIFORNIA ELECTIONS CODE

2. RESOLUTION OF INTENT TO AMEND THE CALPERS CONTRACT FOR TO ELIMINATE

UNREPRESENTED EMPLOYEES SHARING ADDITIONAL COSTS
The Council adopted Resolution No. 9060 - A RESOLUTION OF INTENTION BY THE CITY

COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA, TO APPROVE AN AMENDMENT TO

THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION - CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF OROVILLE.

REGULAR BUSINESS – Action Calendar

1. 2022 - 2023 BUDGET WORKSHOP
City Council received information regarding the proposed 2022 - 2023 City Budget Kay Castro spoke on this agenda item.

ADJOURNMENT
Mayor Reynolds adjourned the meeting at 4:45pm
APPROVED: ATTESTED:
________________________________ ___________________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 93 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY

OF OROVILLE AND TOM LANDO CONSULTING
DATE: JUNE 21, 2022

SUMMARY
The City Council will consider an agreement with Tom Lando Consulting for professional consulting services for annexation projects and building expediting development services, and for executive leadership as needed for the duration of this amendment.

DISCUSSION:

The City has several projects that are in process related to annexation and housing.

The City is required to have a current Municipal Services review and a Development Impact Fee study. The Municipal Services Review is necessary to any additional annexation. The Study assess the City’s ability to provide services to any additional areas the City may wish to annex. Without the Municipal Services Review, the Local Agency Formation Commission (LAFCo), will not approve any annexations.

The City is currently in process to update our Development Impact Fee Study. This study will assess the Development Impact Fees that are collect during development.

The Study will determine if the fee is to high, to low or is adequate to meet current and future needs caused by the development. This study is required every five years to validate the fees collected and charged. Without a current study the City cannot charge the fees and development cannot occur without causing catastrophic impacts on the General fund.

The City Council gave direction to study the potential annexation of the Thermalito area.

This work is expected to continue through the next 18 months. Once the work is completed the City Council will be presented with options and provide Staff further direction.

The City Council has previously expressed a desire to pursue both Affordable and Market rate housing projects. In order to do this the studies mentioned previously in this 94 Item 2.

report must be completed.

All of these items are currently being managed through the process by Lando.

It has recently become necessary for Lando to fill in as the Executive Leader of this Organization. Due to difficulties in hiring at other leaderships roles the City Administrator has been reassigned full time to the Police Department. This leaves the City Administrator duties unattended. Lando will fill this role until such time as the City Administrator is able to return to his duties full time.

To keep Mr. Lando working on these projects and provide Executive Leadership, it is necessary to enter into an agreement extension. Mr. Lando will manage all aspects of completion of the Development Impact Fee Study and the Municipal Services Review.

The term of the agreement will be for 36 months beginning in July 2022. The amount per hour of the agreement is $150.00 per hour in an amount not to exceed $117,000.00 per fiscal year. Funding for this is contained within the City Administrators budget.

FISCAL IMPACT
Funding in available within City Administrator budget 2022/22

RECOMMENDATION
Adopt Resolution No. 9063 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AMENDED

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF OROVILLE AND TOM LANDO for professional services described in the staff report.

ATTACHMENTS
Resolution No. 9063
Agreement Amendment No. 3289-2
95 Item 2.

R-9063

OROVILLE CITY COUNCIL
RESOLUTION NO. 9063

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF OROVILLE AND TOM LANDO
(Agreement No. 3289)
Amendment 2
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a professional services agreement, Amendment 2 between the City of Oroville and Tom Lando. 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 June 21, 2022 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
________________________________
Scott E. Huber, City Attorney Bill LaGrone, City Clerk
96 Item 2.
1 Agreement No. 3289

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of July 16, 2019 by and between the City of Oroville (“City”) and Tom Lando (“Consultant”).

RECITALS
A. The Consultant is specially trained, experienced and competent to provide professional services as required by this Agreement.

B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

C. City desires to retain Consultant to render the professional services as set forth in this Agreement.

AGREEMENT

1. Scope of Services. The Consultant shall furnish management consultant services in a professional manner. Consultant shall perform the scope of services described as management development and to manage all aspects of the Campfire impacts on the City of Oroville.

2. Time of Performance. The services shall commence July 16, 2019 and shall continue through June 30, 2020.

3. Compensation. Compensation to be paid to Consultant shall be at $87.50 per hour. In no event shall Consultant’s total compensation exceed the amount of $84,000 without additional written authorization from the City governing body. Payment by City under this Agreement 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.
97 Item 2.
2 Agreement No. 3289

4. Method of Payment. Consultant shall be paid on a bi-weekly basis.

5. Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, “Extra Work” means any work which is determined by City to be necessary for the proper completion of Consultant’s services, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without prior written authorization from City.

6. Termination. This Agreement 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 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 Agreement, 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 Agreement 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, 98 Item 2.
3 Agreement No. 3289
which are prepared or caused to be prepared by Consultant under this Agreement (“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 Agreement. 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 at any time, provided that any such use not within the purposes intended by this Agreement 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 the Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. 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 public City pertaining to the Consultant’s services under this Agreement 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
99 Item 2.
4 Agreement No. 3289
a. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of the Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement 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 1735 Montgomery Street, Oroville, California when it is 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 Agreement. 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 documents be maintained by City Hall.

11. Status of Consultant. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an employee of the City. Notwithstanding Consultant’s status as an employee, 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 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, 100
Item 2.
5 Agreement No. 3289
direct or indirect, in the area covered by this Agreement 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 Agreement. 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 agreement 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 Agreement. All work performed by Tom Lando Consulting under this Agreement shall be managed by Tom Lando in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent 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 101
Item 2.
6 Agreement No. 3289
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 Agreement, any licenses, permits, insurance, and approvals which are required by the City for its business.

16. Indemnity. Consultant agrees to defend, indemnify, and hold harmless the City, its officers, officials, agents, employees, and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising from its performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except for any such claim arising from the sole negligence or willful misconduct of the City, its officers, agents, employees, or volunteers.

17. Notices. Any notice required to be given under this Agreement 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 of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Tom Lando
P.O. Box 2252
Chico, CA 95927

18. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement. 102
Item 2.
7 Agreement No. 3289

19. Amendments. This Agreement 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.

20. Assignments and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties, or obligations of the Consultant under this Agreement 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 Agreement 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 Agreement shall create any contractual relationship between City and subcontractor not 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.

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

22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

23. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Butte, or in the United States District Court, Eastern District of California.

24. Litigation Expenses and Attorneys’ Fees. If either party to this Agreement commences any legal action against the other part arising out of this 103
Item 2.
8 Agreement No. 3289
Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys’ fees.

25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to American Arbitration Association (AAA) or its successor interest. AAA shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by AAA and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation.

26. Execution. This Agreement 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. This Agreement may be signed by facsimile or electronically transmitted signatures, which shall be deemed original signatures for all purposes. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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

Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority, to make this Agreement and 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 104
Item 2.
9 Agreement No. 3289
employee working solely for Consultant, to solicit or secure this Agreement.

Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer, or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

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

CITY OF OROVILLE TOM LANDO
By: By:

Chuck Reynolds, Mayor Tom Lando

APPROVED AS TO FORM:

By:

Scott E. Huber, City Attorney

105
Item 2.

Administration Page 1 of 2 June 21, 2022

AMENDMENT TO THE PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF OROVILLE AND TOM LANDO
(Agreement No. 3289-2)
This Amendment, dated June 21, 2022, is to the Professional Services Agreement between the City of Oroville (“City”) and Tom Lando. (“Lando”).

In consideration of the terms and conditions herein, the City and Lando agree that the amendment to the agreement is effective June 21, 2022, and shall be amended as follows:

1. SECTION 1 IS REPLACED WITH THE FOLLOWING:

Scope of Services
The Consultant shall furnish management consultant services in a professional manner. Consultant shall perform Management Consulting Services to the City during the time this Agreement is in effect.

2. SECTION 2 IS REPLACED WITH THE FOLLOWING:

Time of Performance
The services shall commence June 21, 2022, and shall
continue through June 30, 2025, or 14-day notice of termination of this agreement by Lando or 90-day notice from City of Oroville.

3. SECTION 3 IS REPLACED WITH THE FOLLOWING:

Compensation
The amount of this agreement is $4500.00 biweekly in an amount not to exceed $117,000.00 per fiscal year. Lando shall not work more than 960 hours per fiscal year. Payment by City under this Agreement 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. Conflicts between this Amended Agreement and Agreement No. 3289 shall be controlled by this Amendment. All other provisions within Agreement No. 3289 shall remain in full force and effect.
106
Item 2.

Administration Page 2 of 2 June 16, 2020
This Amendment to Agreement 3289 is approved by the City Council of the City of Oroville at a regular meeting held on June 21, 2022.

CITY OF OROVILLE TOM LANDO
By: By:

Chuck Reynolds, Mayor Tom Lando
APPROVED AS TO FORM:

By:

Scott E. Huber, City Attorney
107
Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, DEPUTY COMMUNITY DEVELOPMENT DIRECTOR RE: SR 162 ATP PROJECT – CONSULTANT AMENDMENT NO.2 FOR

DESIGN AND SUPPORT SERVICES
DATE: JUNE 21, 2022

SUMMARY
The Council will consider a design contract amendment for the SR 162 ATP Project to complete additional survey, signal modifications, City requested fiber optic conduit crossing (Oro Dam Hwy at 5th Ave), and additional drainage design required by the project impacts to the corridor. This additional work is required to complete project as defined under the ATP and BTA grants and its impacts to adjacent properties. The original design contract also requires an extension to December of 2023.

DISCUSSION
The work outlined in the attached scope of work is a follow up to the staff report and presentation given at the April 6, 2021 City Council Meeting and Amendment No.1 authorized at the June 15, 2021 Council Meeting. At the April 6, 2021 meeting, City Council approved the authorization of Local Transportation Funds to support the additional studies and right-of-way required to complete the project.

Summary of project design budget and amendments:

Contract Cost
Original Contract $580,000*
Amendment No.1 – ROW additional design $330,742
Amendment No. 2 – Design Mods (Pending) $88,518
Total Contract $999,260
City Funded Contract portion (Local
Transportation Fund)
$412,260
*CMAQ and ATP Grant Reimbursable
108
Item 3.

The project grant was pursued by the City in 2015 and awarded under ATP Cycle 3 through the California Transportation Commission (CTC) and Caltrans. Capacity Management and Air Quality (CMAQ) grant is also allocated to cover the design cost. All together the project grants provide for $3,951,000 to design, construct, and manage a contractor to implement bicycle, pedestrian, and mobility improvements from Feather River Park, west of Hwy 70 to Foothill Blvd, along SR 162. This includes sidewalk closures, pedestrian crossings, bike lanes, and pedestrian signal improvements along the corridor.

The project also incorporated an older Bicycle Transportation Account (BTA) Grant that included bike lane striping and signage for 2.7 miles of Class II bike-lane from Hwy 70 to Orange Avenue along Oro Dam Blvd East. A portion of that grant ($61,528) was used to supplement the design of the ATP/BTA combined project.

The project design was awarded to a consultant, Mark Thomas (MT), in December of 2019.

MT progressed the design to a 30% level and identified some gaps in the project as defined in the ATP application and scope and the additional work was authorized by City Council in June 2021. The project design has advanced to the 95% level and additional design effort is needed to address drainage, signal modifications, additional survey, and provide fiber optic conduit crossing of SR-162 at th5th Avenue as requested by the City.

Unfortunately, the grant money provided does not address these design issues and the money allocated under ATP cannot be used for this purpose. The additional cost will have to be provided by the local sponsor, the City of Oroville.

The work in the attached scope and fee will allow the Consultant to complete the design and issue the project for bid and construction in 2022/2023.

FISCAL IMPACT
$88,518 from the Local Transportation Fund.

RECOMMENDATION
Staff recommends approving the amendment for Mark Thomas and extending the contract end date to December 31, 2023.

ATTACHMENTS
Attachment A – Amendment Scope of Work
Attachment B – Amendment Fee Estimate
Attachment C – Letter requesting extension of contract end date 109
Item 3.

Agreement No 3394
AMENDMENT TO PROJECT CONTRACT AGREEMENT NO. 3394

FOR PROJECT CONTRACT BETWEEN THE CITY OF OROVILLE
AND MARK THOMAS & COMPANY, INC.
(Amendment No. 2)
This Amendment dated June 21, 2022, is to the Project Contract Agreement No. 3296 between the City of Oroville (“City”) and Mark Thomas & Company, Inc. (“Contractor”).

A copy of Contract Agreement No. 3296 is attached as Exhibit “B” including all prior amendments.

In consideration of terms and conditions herein, City and Contractor agree that Agreement No. 3296 shall be amended as follows:

1. The Agreement shall be amended to include work related to State Route 162 Pedestrian/Bicycle Disabled Mobility & Safety project, which are enumerated in the scope documents. The scope
documents are attached as Attachment A to this Amendment.

2. The fee for all design modifications outlined in Attachment “A” is $88,518.00. Payment is to occur as outlined in Exhibit “A”.

3. Conflicts between the Agreement and any previous amendment to the Agreement shall be controlled by this amendment. All other provisions within Agreement No. 3296 as amended shall remain in full force effect.

CITY OF OROVILLE MARK THOMAS & COMPANY, INC.

Chuck Reynolds, Mayor By:

ATTEST: APPROVED AS TO FORM:

Bill LaGrone, City Clerk Scott E. Huber, City Attorney
110
Item 3.

SA-20105
March 4, 2022
Mr. Mike Massaro
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
RE: STATE ROUTE 162 PEDESTRIAN/BICYCLE DISABLED MOBILITY & SAFETY AMENDMENT NO. 2 REQUEST
Dear Mr. Massaro:

Per our discussions, enclosed is Mark Thomas' cost proposal, scope of work, and 10-H1 forms for the State Route 162 project. This request is for the additional work activities not covered by the original contract.

If you have any questions regarding our proposal, please contact me at (916) 501-5515 or [email protected].

Sincerely,
MARK THOMAS & COMPANY, INC.

James Pangburn
Project Manager
Attachments
111
Item 3.

SR 162 Bike and Pedestrian Improvements
Amendment #2
City of Oroville
1 OF 3

PROJECT UNDERSTANDING
This scope of work has been prepared to cover additional work that was not anticipated with the base scope of the original contract. The additional activities needed include additional signal modifications, additional topographic surveys, and additional design time needed to accommodate drainage facilities that were not identified in the preliminary design or the SR 162 Corridor Plan.

Signal Modifications and Lighting Design – The original scope of work assumed signal modification at SR 162/Feather River Blvd as optional tasks. After developing the sidewalk plans, signal modification at the intersections of Olive Hwy with Foothill Blvd and the intersection of Oro Dam Blvd with Bridge Street needs to be included. At the request of the City, conduit for future fiber optic cable at SR 162/5th Avenue will be included in the plans. This scope includes additional labor to design for Y&C Transportation.

Topographic Surveys – The original scope of work included topographic data provided by the City. Mark Thomas gathered supplemental survey along Oro Dam Blvd between Hwy 70 southbound ramps and Feather River Blvd, along Olive Hwy between Lower Wyandotte Rd and Foothill Blvd including approximately 430 LF along Lower Wyandotte Rd., and approximately 100 LF along Lincoln St. in the City of Oroville. After completion of 65% plans, was concluded that this data was insufficient in completing the design for the sidewalk, curb ramp and drainage improvements along SR162 and Olive Hwy. Additional survey data is necessary for completing grading and earthwork calculations for the proposed pedestrian facilities. Additional l topographic data will be required along Oro Dam Blvd (SR-162) at the existing southern box culvert, along Olive Hwy between Executive Pkwy and Lower Wyandotte Rd, and at the intersection of Olive Hwy & Foothill Blvd.

Additional Design – The SR 162 corridor plan assumed no new drainage network would be designed along Olive Hwy.

After developing the sidewalk plans in more detail, new drainage inlet network needs to be included to catch off-site runoff, which currently flows into the roadside earth ditch. This scope includes additional labor to perform the drainage design and perform the necessary topographic surveys.
112
Item 3.

SR 162 Bike and Pedestrian Improvements
Amendment #2
City of Oroville
2 OF 3

SCOPE OF WORK
TASK 1. PROJECT MANAGEMENT
Task 1.1. Project Management
This task includes project management time to manage the scope tasks below. Mark Thomas’ Project Manager will plan, organize, direct and monitor project work activities and resources in accordance with contracted scope, schedule and budget. This task includes performing ongoing general project management with the client and sub consultants, including preparing contract paperwork, monthly status reports, memo’s, letters and e-mail, making phone calls and maintaining project files.

TASK 2. TOPOGRAPHIC SURVEY AND MAPPING
Task 2.1. Supplemental Topographic Surveys
This task includes additional hours to conduct topographic survey to supplement additional topographic data for sidewalk, curb ramp and drainage design. This will include field surveys and updating base mapping.

TASK 2 DELIVERABLES:
• Updated Topographic Base Mapping
TASK 3. ADDITIONAL DESIGN
Task 3.1. Design for Additional Drainage Facilities
This task includes additional hours to perform drainage design along Olive Hwy, as the drainage design wasn’t included in the SR 162 corridor plan. This will include developing new drainage inlet and pipe, designing drainage profile, preparing construction details, and including this work in the PS&E package.

Task 3.2. Signal Modifications
Y&C will obtain electronic base plans and as-built traffic signal plans for the Oro Dam Blvd/Bridge Street/Oro Quincy Hwy and SR 162 (Olive Hwy)/Foothill Blvd intersections from MT. Y&C will verify as-built plans in the field. Based on the obtained information, Y&C will prepare traffic signal modification plans, specifications, and cost estimates (PS&E) for the Oro Dam Blvd/Bridge Street/Oro Quincy Hwy and SR 162 (Olive Hwy)/Foothill Blvd intersections. Y&C will submit traffic signal PS&E to the City of Oroville and Caltrans for review at 95% and 100% level. Any comments by the review agencies will be incorporated into final PS&E.
113
Item 3.

SR 162 Bike and Pedestrian Improvements
Amendment #2
City of Oroville
3 OF 3
Task 3.3. Conduit for Future Fiber Optic Cable at SR 162/5th Ave Y&C will obtain electronic base plans from MT and prepare plan, specifications, and cost estimate (PS&E) for empty conduit crossing SR 162 in the vicinity of 5th Avenue. The empty conduit will be used for installation of fiber optic cables in future. The conduit will be terminated in pull boxes on both sides of SR 162. Y&C will submit PS&E for the empty conduit with the rest of electrical PS&E package to the City of Oroville and Caltrans for review. Any comments by the review agencies will be incorporated into final PS&E.

TASK 3 DELIVERABLES:
• One sheet of 1”=20’ or 40’ conduit plan
• Technical Specifications and Construction Cost Estimates for Signal Modifications • Additional Drainage Plans, Profiles, and Details – To be Incorporated into the 95% PS&E 114
Item 3.

Sr. Project Manager
Sr. Technical LeadDesign Engineer IIDesign Engineer ITechnicianSr. Survey ManagerProject Surveyor2 Person Field CrewSr. Project AccountantSr. Project CoordinatorY&C Transportation $242 $224 $120 $98 $86 $209 $151 $285 $127 $120 DBE

1.0 PROJECT MANAGEMENT

1.1 Project Management 8 2 4 14 $2,672 - $2,672
Subtotal Phase 1 8 0 0 0 0 0 0 0 2 4 14 $2,672 $0 $2,672

2.0 TOPOGRAPHIC SURVEY & MAPPING

2.1 Supplemental Topographic Surveys 4 8 2 8 32 2 56 $12,847 - $12,847 Subtotal Phase 2 0 4 8 0 0 2 8 32 0 2 56 $12,847 $0 $12,847

3.0 ADDITIONAL DESIGN

3.1 Design for Additional Drainage Facilities 0 8 120 200 40 368 $39,231 - $39,231

3.2 Signal Modifications 2 12 16 8 38 $5,877 24,955 $30,832

3.3 Conduit for Future Fiber Optic Cable at SR
162/5th Avenue 2 4 6 $928 2,009 $2,937
Subtotal Phase 3 2 22 140 208 40 0 0 0 0 0 412 $46,036 $26,964 $72,999 TOTAL HOURS 10 26 148 208 40 2 8 32 2 6 482
OTHER DIRECT COSTS $0 $0 $0
TOTAL COST $2,424 $5,824 $17,759 $20,384 $3,440 $418 $1,209 $9,124 $254 $719 $61,555 $26,964 $88,518 Total MT
Cost
COST PROPOSAL FOR PROJECT SCOPE: Oroville-SR 162 Ped/Bike Mobility Safety (AM #2) Subs
TOTAL COST Total
Hours
3/4/2022 115
Item 3.

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant Subconsultant 2nd Tier Sub 2nd Tier Subconsultant Consultant: Mark Thomas & Company, Inc.

Project No. Contract No. Date 3/4/2022
Range Hours Actual Hourly
Rate Total
Principal $120 - $140 $ 130.46 $ -
Sr. Engineering Manager $95 - $116 $ 110.12 $ -
Engineering Manager $85 - $100 $ 93.99 $ -
Practice Area Leader $85 - $100 $ 93.99 $ -
Sr. Project Manager $66 - $85 10 $ 85.00 $ 850.00
Sr. Technical Lead $66 - $85 26 $ 78.56 $ 2,042.56
Project Manager $57 - $70 $ 64.53 $ -
Technical Lead $57 - $70 $ 70.00 $ -
Sr. Project Engineer $48 - $60 $ 55.41 $ -
Sr. Technical Engineer $48 - $60 $ 55.41 $ -
Project Engineer $44 - $55 $ 48.40 $ -
Design Engineer II $37 - $45 148 $ 42.08 $ 6,227.84
Design Engineer I $28 - $38 208 $ 34.37 $ 7,148.96
Sr. Technician $34 - $44 $ 41.03 $ -
Technician $23 - $35 40 $ 30.16 $ 1,206.40
Intern $15 - $23 $ 19.64 $ -
Survey Division Manager $79 - $98 $ 97.14 $ -
Sr. Survey Manager $63 - $78 2 $ 73.30 $ 146.60
Survey Manager $57 - $64 $ 61.72 $ -
Sr. Project Surveyor $52 - $60 $ 56.11 $ -
Project Surveyor $46 - $56 8 $ 53.00 $ 424.00
Sr. Surveyor $37 - $50 $ 45.94 $ -
Surveyor $32 - $40 $ 37.17 $ -
Lead Survey Technician $43 - $50 $ 48.05 $ -
Sr. Survey Technician $32 - $43 $ 38.23 $ -
Survey Technician $22 - $32 $ 27.35 $ -
Survey Intern $15 - $25 $ 19.99 $ -
Single Chief* $42 - $55 $ 50.15 $ -
Single Instrumentman* $43 - $51 $ 44.89 $ -
Single Chainman* $34 - $45 $ 41.73 $ -
Apprentice* $18 - $36 $ 32.97 $ -
1 Person Field Crew* $42 - $55 $ 50.15 $ -
2 Person Field Crew* $84 - $100 32 $ 100.00 $ 3,200.00
3 Person Field Crew* $118 - $135 $ 129.06 $ -
Sr. LAUD Division Manager $78 - $90 $ 82.77 $ -
LAUD Division Manager $68 - $83 $ 76.10 $ -
Sr. LAUD Project Manager $59 - $70 $ 66.63 $ -
LAUD Project Manager $54 - $65 $ 59.27 $ -
Landscape Architect $38 - $54 $ 45.94 $ -
Landscape Designer $26 - $40 $ 35.07 $ -
Landscape Intern $15 - $23 $ 19.64 $ -
District Manager-Engineer $95 - $105 $ 98.20 $ -
Deputy District Manager $85 - $97 $ 90.13 $ -
Operations Manager $75 - $89 $ 78.56 $ -
Sanitary Project Engineer $61 - $77 $ 66.63 $ -
Associate Sanitary Engineer $48 - $60 $ 52.96 $ -
Assistant Sanitary Engineer $44 - $52 $ 45.94 $ -
Sr. Inspector* $38 - $47 $ 41.03 $ -

DIRECT LABOR
Classification/Title Name
Note: Mark-ups are Not Allowed
116
Item 3.

Inspector* $30 - $40 $ 34.02 $ -
Inspector - Apprentice* $20 - $34 $ 24.20 $ -
Sr. Division/Area Manager $102 - $118 $ 110.12 $ -
Division Manager - CM $88 - $102 $ 93.99 $ -
Sr. Project Manager - CM $78 - $88 $ 80.31 $ -
RE/Structural Representative $76 - $85 $ 78.56 $ -
Project Manager - CM $72 - $83 $ 75.05 $ -
Asst. Resident Engineer* $57 - $66 $ 59.97 $ -
Inspector - CM* $57 - $66 $ 59.97 $ -
Office Engineer $40 - $52 $ 45.24 $ -
Office Technician $20 - $29 $ 23.15 $ -
Expert Witness $130 - $158 $ 147.30 $ -
Strategic Consulting $130 - $158 $ 147.30 $ -
Sr. Funding Specialist $50 - $63 $ 56.11 $ -
Funding Specialist $40 - $52 $ 45.59 $ -
Sr. Project Accountant $40 - $51 2 $ 44.52 $ 89.04
Project Accountant $32 - $42 $ 36.12 $ -
Sr. Project Coordinator $36 - $48 6 $ 42.00 $ 252.00
Project Coordinator $28 - $38 $ 31.91 $ -
Sr. Project Assistant $28 - $38 $ 31.56 $ -
Project Assistant $20 - $29 $ 24.20 $ -
Sr. Technical Writer $29 - $42 $ 35.42 $ -
Technical Writer $20 - $30 $ 24.55 $ -
Sr. Graphic Manager $47 - $55 $ 48.75 $ -
Sr. Graphic Designer $36 - $48 $ 42.08 $ -
Graphic Designer $31 - $40 $ 34.02 $ -

LABOR COSTS
$ 21,587.40
$ -
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] $ 21,587.40

INDIRECT COSTS

77.48% ) e) Total Fringe Benefits [(c) x (d)] $ 16,725.92

77.11% ) g) Overhead [(c) x (f)] $ 16,646.04
) i) Gen & Admin [(c) x (h)] $ -
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] $ 33,371.96
FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee: 12% $ 6,595.12 l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) Quantity Unit Unit Cost Total
$ -
$ -
l) TOTAL OTHER DIRECT COSTS $ -
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Y&C Transportation $ 26,964.00
m) TOTAL SUBCONSULTANTS' COSTS $ 26,964.00
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] $ 26,964.00 TOTAL COST [(c) + (j) + (k) + (n)] $ 88,518.49
NOTES:

1. 2.

3. Anticipated salary increases calculation (page 2) must accompany. a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) d) Fringe Benefits (Rate:
f) Overhead & G&A (Rate:
h) General & Admin (Rate:

Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

Subconsultant 4:

Description of Item
The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. 117
Item 3.

Consultant
Project No. Contract No. Date 3/4/2022

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Avg Hourly 5 Year Contract
Rate Duration
= #DIV/0! Year 1 Avg Hourly Rate
Avg Hourly Rate
Year 1 #DIV/0! + = #DIV/0! Year 2 Avg Hourly Rate
Year 2 #DIV/0! + = #DIV/0! Year 3 Avg Hourly Rate
Year 3 #DIV/0! + = #DIV/0! Year 4 Avg Hourly Rate
Year 4 #DIV/0! + = #DIV/0! Year 5 Avg Hourly Rate
Total Hours
per Year
Year 1 20.00% * = 0.0 Estimated Hours Year 1
Year 2 40.00% * = 0.0 Estimated Hours Year 2
Year 3 15.00% * = 0.0 Estimated Hours Year 3
Year 4 15.00% * = 0.0 Estimated Hours Year 4
Year 5 10.00% * = 0.0 Estimated Hours Year 5
Total 100% = 0.0
Year 1 #DIV/0! * = #DIV/0! Estimated Hours Year 1
Year 2 #DIV/0! * = #DIV/0! Estimated Hours Year 2
Year 3 #DIV/0! * = #DIV/0! Estimated Hours Year 3
Year 4 #DIV/0! * = #DIV/0! Estimated Hours Year 4
Year 5 $ 54.12 * = $ - Estimated Hours Year 5
= #DIV/0!
= $ -
= #DIV/0! Transfer to Page 1
NOTES:

1. 2.

3. 4.

Direct Labor Subtotal before Escalation
Estimated total of Direct Labor Salary Increase
0 0
0 0
0 Total Direct Labor Cost with Escalation
Avg Hourly Rate Estimated hours
(calculated above) (calculated above)

0.0 Total

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) 2%

0.0 2%
2%
Mark Thomas & Company

CALCULATIONS FOR ANTICIPATED SALARY INCREASES

0.0 Direct Labor Subtotal Total Hours
per Cost Proposal per Cost Proposal

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation %) Proposed Escalation
2%

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Total Hours
Completed Each Year per Cost Proposal

0.0 0.0
Cost per Year
Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology).

This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 118
Item 3.

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles (GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Proceedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management and Administration of Engineering and Design Related Service

6. 48 Ccode of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency or Caltrans accepted Indirect Cost Rate(s).

Name: Zach Siviglia Title *: Vice President
Signature: Date of Certification: 03/04/2022
Email: [email protected] Phone number: (916) 381-9100 Address: 701 University Avenue, Suite 200, Sacramento, CA 95825 List services the consultant is providing under the proposed contract:

Prime Consultant or Subconsultant Certifying:
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

Certification of Direct Costs:
119
Item 3.

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant X Subconsultant 2nd Tier Subconsultant Contract No. Date 2/7/2022
Hours Actual Hourly Rate Total

16.0 $ 99.68 $ 1,594.88

44.0 $ 92.18 $ 4,055.92

48.0 $ 52.00 $ 2,496.00

48.0 $ 30.00 $ 1,440.00

48.0 $ 29.00 $ 1,392.00

42.0 $ 26.80 $ 1,125.60
$ -
$ -
$ -
$ -
$ -
$ -
246.0 $ 12,104.40
a) $ 12,104.40
b) $ -
$ 12,104.40

INDIRECT COSTS
d) Rate: 51.98% $ 6,291.87
Rate: 35.44% $ 4,289.80
h) Rate: $ -
$ 10,581.67

10.00% $ 2,268.61
Quantity Unit Unit Cost Total
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ 24,954.67

1. 2.

3. DIRECT LABOR
Total:

LABOR COSTS
Anticipated salary increases calculations (page 2) must accompany.

Subconsultant 3:

Subconsultant 4:
m) SUBCONSULTANTS' COSTS
NOTES:
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) +(n)]
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accept by Caltrans. l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee
Description of Item
Fringe Benefits
Overhead
General and Administrative
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
e) Total fringe benefits [(c) x (d)]
g) Overhead [(c) x (f)]
i) Gen & Admin [(c) x (h)]

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS EXHIBIT 10-H1 COST PROPOSAL (Page 1 of 3)
Subtotal Direct Labor Costs
Anticipated Salary Increases (see page 2 for calculations) Technician III
Note: Mark-ups are Not Allowed
Consultant
Project No.

Y&C Transportation Consultants, Inc.

ATPCML-5142 (036) A-3284 (Addl Signal Design)
Classification/Title
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Name
Daniel Yau
Engineer XI Kin Chan
Engineer XII
Engineer V
Engineer I
Meng Yang
Engineer I
Anson Huynh
Teresa Chan
Chenxin Liao

January 2018 120
Item 3.

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct
Labor Subtotal per
Cost Proposal
Total Hours per
Cost Proposal
Avg
Hourly
Rate
$12,104.40 / 246.0 = $49.20

2. Calculate hourly rate for all years (Increase the Average hourly rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation
Year 1 $49.20 + 0.0% = $49.20
Year 2 $49.20 + 0.0% = $49.20
Year 3 $49.20 + 0.0% = $49.20
Year 4 $49.20 + 0.0% = $49.20

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed
Each Year
Total Hours per Cost
Proposal
Total Hours per
Year
Year 1 100% * 246.0 = 246.0
Year 2 * 246.0 = 0.0
Year 3 * 246.0 = 0.0
Year 4 * 246.0 = 0.0
Year 5 * 246.0 = 0.0
Total 100% Total = 246.0

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per
Year
Year 1 $ 49.20 * 246.0 = $12,104.40
Year 2 $ 49.20 * 0.0 = $0.00
Year 3 $ 49.20 * 0.0 = $0.00
Year 4 $ 49.20 * 0.0 = $0.00
Year 5 $ 49.20 * 0.0 = $0.00
Total Direct Labor Cost with Escalation = $12,104.40
Direct Labor Subtotal before escalation = $12,104.40
Estimated total of Direct Labor Salary Increase = $0.00 NOTES:

1. 2.

3. 4.

EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)
Estimated Hours Year 1
5 Year
Contract
Duration
Year 1 Avg
Hourly Rate
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Year 4 Avg Hourly Rate
Year 5 Avg Hourly Rate
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Transfer to Page 1

January 2018 121
Item 3.

Certification of Direct Costs
1 Generally Accepted Accounting Principles (GAAP)
2 Terms and conditions of the contract
3 Title 23 United States Code Section 112 - Letting of Contracts 4 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services
6 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Suconsultant Certifying:

Name: Title*:

Signature:

Email:

Address:

List services the consultant is providing under this proposed contract:

January 2018

Prepare electrical plans, specifications, and estimates for additional traffic signal modifications. [email protected]
Date of Certification (mm/dd/yyyy): 02/07/2022
Phone Number:
3250 Ramos Circle, Sacramento, CA 95827
(916) 366-8000 x 305
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Daniel Yau President
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL (Page 3 of 3)
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:
122
Item 3.

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
Prime Consultant X Subconsultant 2nd Tier Subconsultant Contract No. Date 12/1/2021
Hours Actual Hourly Rate Total

2.0 $ 92.18 $ 184.36

3.0 $ 52.00 $ 156.00

6.0 $ 31.25 $ 187.50

8.0 $ 29.00 $ 232.00

8.0 $ 26.80 $ 214.40
$ -
$ -
$ -
$ -
$ -
$ -
$ -

27.0 $ 974.26
a) $ 974.26
b) $ -
$ 974.26

INDIRECT COSTS
d) Rate: 51.98% $ 506.42
Rate: 35.44% $ 345.28
h) Rate: $ -
$ 851.70

10.00% $ 182.60
Quantity Unit Unit Cost Total
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ 2,008.55

1. 2.

3. Engineer I
Engineer I
Jason Nguyen
Technician III
Chenxin Liao
Teresa Chan
(DESIGN, ENGINEERING, AND ENVIRONMENTAL STUDIES)
Name
Kin Chan
Engineer V Meng Yang
Engineer XI

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS EXHIBIT 10-H1 COST PROPOSAL (Page 1 of 3)
Subtotal Direct Labor Costs
Anticipated Salary Increases (see page 2 for calculations) Note: Mark-ups are Not Allowed
Consultant
Project No.

Y&C Transportation Consultants, Inc.

ATPCML-5142 (036) A-3284 (Addl Empty Conduit)
Classification/Title
Fringe Benefits
Overhead
General and Administrative
c) TOTAL DIRECT LABOR COSTS [(a) + (b)]
e) Total fringe benefits [(c) x (d)]
g) Overhead [(c) x (f)]
i) Gen & Admin [(c) x (h)]
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)]
l) CONSULTANT'S OTHER DIRECT COSTS (ODC) - ITEMIZE (Add additional pages if necessary) FIXED FEE k) TOTAL FIXED FEE [(c) + (j)] x fixed fee
Description of Item
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS' COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:

Anticipated salary increases calculations (page 2) must accompany.

Subconsultant 3:

Subconsultant 4:
m) SUBCONSULTANTS' COSTS
NOTES:
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l) + (m)] TOTAL COST [(c) + (j) + (k) +(n)]
Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accept by Caltrans.

DIRECT LABOR
Total:

LABOR COSTS

January 2018 123
Item 3.

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct
Labor Subtotal per
Cost Proposal
Total Hours per
Cost Proposal
Avg
Hourly
Rate
$974.26 / 27.0 = $36.08

2. Calculate hourly rate for all years (Increase the Average hourly rate for a year by proposed escalation %) Avg Hourly Rate Proposed Escalation
Year 1 $36.08 + 0.0% = $36.08
Year 2 $36.08 + 0.0% = $36.08
Year 3 $36.08 + 0.0% = $36.08
Year 4 $36.08 + 0.0% = $36.08

3. Calculate estimated hours per year (Multiply estimate % each year by total hours) Estimated % Completed
Each Year
Total Hours per Cost
Proposal
Total Hours per
Year
Year 1 25% * 27.0 = 6.8
Year 2 65% * 27.0 = 17.6
Year 3 10% * 27.0 = 2.7
Year 4 * 27.0 = 0.0
Year 5 * 27.0 = 0.0
Total 100% Total = 27.0

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate
(calculated above)
Estimated hours
(calculated above)
Cost per
Year
Year 1 $ 36.08 * 6.8 = $243.57
Year 2 $ 36.08 * 17.6 = $633.27
Year 3 $ 36.08 * 2.7 = $97.43
Year 4 $ 36.08 * 0.0 = $0.00
Year 5 $ 36.08 * 0.0 = $0.00
Total Direct Labor Cost with Escalation = $974.26
Direct Labor Subtotal before escalation = $974.26
Estimated total of Direct Labor Salary Increase = $0.00 NOTES:

1. 2.

3. 4. Calculations for anticipated salary escalation must be provided.

This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the # of years of the contract, and a breakdown of the labor to be performed each year.

An estimation that is based on direct labor multiplied by salary increase % multiplied by the # of years is not acceptable. (i.e. $250,000 x 2% x 5 yrs = $25,000 is not an acceptable methodology) This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
Transfer to Page 1
Estimated Hours Year 1
5 Year
Contract
Duration
Year 1 Avg
Hourly Rate
Year 2 Avg Hourly Rate
Year 3 Avg Hourly Rate
Year 4 Avg Hourly Rate
Year 5 Avg Hourly Rate
Estimated Hours Year 1
Estimated Hours Year 2
Estimated Hours Year 3
Estimated Hours Year 4
Estimated Hours Year 5
EXHIBIT 10-H1 COST PROPOSAL (Page 2 of 3)

ACTUAL COST-PLUS-FIXED FEE OR LUMP SUM (FIRM FIXED PRICE) CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

January 2018 124
Item 3.

Certification of Direct Costs
1 Generally Accepted Accounting Principles (GAAP)
2 Terms and conditions of the contract
3 Title 23 United States Code Section 112 - Letting of Contracts 4 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures 5 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services
6 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable) Prime Consultant or Suconsultant Certifying:

Name: Title*:

Signature:

Email:

Address:

List services the consultant is providing under this proposed contract:

All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements. Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate(s).

Daniel Yau President
Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL (Page 3 of 3)
I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

January 2018

Prepare electrical plans, specifications, and estimates for empty conduit. [email protected]
Date of Certification (mm/dd/yyyy): 12/1/2021
Phone Number:
3250 Ramos Circle, Sacramento, CA 95827
(916) 366-8000 x 305
*An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. 125
Item 3.

February 9, 2022
Mr. Mike Massaro File: SA-20105
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
RE: STATE ROUT 162 PEDESTRIAN/BICYCLE DISABLED MOBILITY & SAFETY (AGREEMENT NO. 3296)
Dear Mr. Massaro:

Mark Thomas is requesting an extension for the above-referenced contract, which expired on December 31, 2021. Mark Thomas requests to extend the contract date to December 31, 2023.

If you have any questions, please feel free to contact me at (916) 501-5515.

Sincerely,

MARK THOMAS
James Pangburn
Project Manager
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Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MATT THOMPSON, PE, ACTING CITY ENGINEER, PUBLIC WORKS

DEPARTMENT
RE: PAVEMENT REHABILITATION LIST FOR SUBMITTAL TO CALIFORNIA

TRANSPORTATION COMMISSION (CTC) FOR FUNDING COMPLIANCE
DATE: JUNE 21, 2022

SUMMARY
The Council may consider adopting the attached resolution and authorize the City Engineer and Financial Director to submit a list of prioritized roads and streets for rehabilitation to the CTC for compliance with CTC guidelines. The CTC requires the submittal for the City to be eligible for additional funding under Senate Bill 1 (SB 1) and Assembly Bill 135 (AB 135).

DISCUSSION
The Road Repair and Accountability Act of 2017 (SB1 Beall) includes a substantial boost in Local Streets and Roads Funding over the Highway Users Tax Account allocations that cities and counties have been receiving. The Act establishes a new Road Maintenance and Rehabilitation Account (RMRA) in the state treasury and allocates amounts to cities and counties from that account based on statutory formulas.

The Road Repair and Accountability Act contains a local agency maintenance of effort (MOE) requirement that applies to funds allocated through the RMRA. The Act states that the MOE requirement is to ensure that these new roads funds do not supplant existing levels of city and county general revenue spending on streets and roads. The MOE for the receipt of RMRA funds state that a city or county must maintain general fund spending for street, road, and highway purposes at no less than average of 2009– 10, 2010–11, and 2011–12 years. In making this calculation certain one-time funds may be excluded. A city or county that fails to comply in a particular year may make it up with in additional expenditures in the following year.

The Act provides that the State Controller may perform audits to ensure compliance with these MOE rules. If the State Controller determines that a city or county has not met it’s MOE, the agency will be required to reimburse the state for the funds it received during that fiscal year. However, a city or county that fails to comply in a particular fiscal 166
Item 4.

year may expend during that fiscal year and the following fiscal year a total amount that is sufficient to comply. Any funds withheld or returned as a result of a failure to comply will be reapportioned to the other counties and cities whose expenditures are in compliance.

In order to maintain compliance with state requirements and assure that the City of Oroville continues to receive its share of funding, City Staff must submit our prioritized list of roads and streets for rehabilitation and repair. The CTC does not “approve” or “deny” project lists, they simply gather the cities’ project lists into a state database for transparency and accountability purposes.

FISCAL IMPACT
Project Design, Construction, and Construction Management is funded by a combination of Local Transportation Fund and RMRA Funds from SB-1. Adoption of resolution will have no immediate impact to the City’s local transportation fund or general fund. However, submittal of list to CTC will assure future allocations of funding from the State to the City for road repair and rehabilitation. Preliminary construction cost estimate of the 2022-2023 road list is $2,650,000.

RECOMMENDATION
Adopt Resolution No. 9064- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

ATTACHMENTS
A – Resolution incorporating the 2022-2023 Projects List into the City Budget utilizing SB-1 Funds
B- Rehabilitation List of 2022-2023 Streets and Roads
167
Item 4.

RESOLUTION NO. 9064

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the adopted list of projects can be revised by the City at any time to address changing priorities in the street and road maintenance and safety needs; and WHEREAS, the City, will receive an estimated $373,448.00 in RMRA funding in Fiscal Year 2022- 23 from SB 1; and
WHEREAS, this is the fourth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate various streets/roads, add active transportation infrastructure throughout the City.

WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in an “at-risk/poor” condition and the funding from SB 1 will help the City maintain and rehabilitate a portion of the streets throughout the City.

WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
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Item 4.

NOW, THEREFORE, IT IS RESOLVED:

The City of Oroville adopts the attached list of projects in Attachment A, for the fiscal year 2022-23 funded by SB 1: The Road Repair and Accountability Act of 2017.

I HEREBY CERTIFY that the foregoing resolution was duly passed and adopted by the City Council of the City of Oroville at a regular meeting thereof, held on the 21st day of June 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVE:
________________________________ ________________________________ Jackie Glover, Assistant City Clerk Chuck Reynolds, Mayor 169
Item 4.

City of Oroville
Proposed Street Maintenance Projects FY 22-23
Work Street From To
Ophir Rd. Marysville Bagget Kusel
Washington Ave. RxR Bridge Oro Dam Blvd.

Roundabout Montgomery Table Mtn. Blvd.

Linden Ave Orange Montgomery
5th Ave Oro Dam Blvd. Feather River Blvd. (levee)
Lower Wyandotte Rd. Wyandotte Ave. V7 Road
Mitchell Ave.

Stanford Avenue School Parking
Upper Municpal Parking Lot
Slurry Street From To
Historic Downtown Oroville
Striping Street From To
Oroville Dam Boulevard Oak Park
Slope Repair Street From To
Oroville Dam Boulevard E.

Ophir
Reconstruct Street From To
Nelson SB Ramps
Attachment A
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Item 4.

CODE ENFORCEMENT Page 1 05.03.22

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: RON BELSER, DIRECTOR OF CODE ENFORCEMENT
RE: REQUEST FOR PROPOSAL FOR ABANDONED VEHICLE

ABATEMENT TOWING SERVICE
DATE: JUNE 21, 2022

SUMMARY
The Council will consider releasing a request for proposal for Abandoned Vehicle Abatement (AVA) towing services within the incorporated areas of the City of Oroville.

DISCUSSION
The City of Oroville, as a jurisdictional member of Butte County Abandoned Vehicle Abatement (AVA) Program Service Authority encompassing only those areas within the City limits of Oroville, began towing abandoned vehicles in December 2003.

Funds for the AVA Program are generated from a $1 dollar registration fee collected by the State of California. Each quarter, after the State takes out their administrative fee, the registration funds are sent to the County Abandoned Vehicle Abatement Joint Powers Authority for distribution to the participated jurisdictions (Biggs, Chico, Gridley, Oroville, Paradise, and Butte County). The County receives an administrative fee for staff support (Development Services, County Council, and Auditor’s Office) to the County Abandoned Vehicle Abatement Joint Powers Authority Program (all jurisdictions) and the remaining funds are divided in half. One-half or the funds are paid to each jurisdiction solely based on their percentage population. The remaining half of the funds are paid to each jurisdiction based upon the number of tows. AVA funds are intended to help jurisdictions recover the costs of the Program. Eligible costs include staff time and expenses related to the Program.

Currently there are five (5) towing companies on a rotational list that the Code 171
Item 5.

CODE ENFORCEMENT Page 2 05.03.22
Enforcement Division and Police Department contact to tow abandoned vehicles that qualify for the AVA Program. Having five (5) towing companies on a rotational list it is very intensive on staff time due to trying to contact five (5) different companies, trying to consistently collect required documents and forms from different towing companies, billing for five (5) different companies, etc. Having a single towing company for the AVA Program will help provide an efficient code enforcement process and help improve enforcement related to the AVA Program.

If approved this request for proposal will be advertised in a local publication. The RFP was also posted on the city website and the complete RFP packet was hand delivered to all local towing companies.

The towing company will provide towing and cleanup services for standard vehicles, oversize vehicles, travel trailers, motor homes, and large parts (engines, transmissions, etc) related to the AVA Ordinance.

FISCAL IMPACT
None currently

RECOMMENDATIONS
Authorize staff to release the Request for Proposal for Abandoned Vehicle Abatement Towing Services

ATTACHMENTS
A – AVA request for proposal
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Item 5.

CITY OF OROVILLE REQUEST FOR

PROPOSALS (RFP)
City of Oroville (Jurisdictional) Abandoned
Vehicle Abatement Towing Services
(Only includes the area within the City limits)
DUE DATE: June 7, 2022 at 5:00PM (See

Please submit questions to Officer Ron Belser, City of Oroville 530.538.2498 or [email protected]
City of Oroville
Code Enforcement Department
1735 Montgomery
Street
Oroville, CA 95965
(530) 538-2498
FAX (530) 538-2426
May
2022
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Item 5.

RFP Introduction – Background – Scope of Services
2 INTRODUCTION
The City of Oroville is seeking a firm to provide City-wide towing services for the Abandoned Vehicle Abatement and Nuisance Abatement programs, and the occasional towing of Department vehicles as the need arises. The City at their option, may consider awarding contracts based upon the attached Abandoned Vehicle Abatement Towing Map.

The City intends to award a contract to a firm that shall meet our qualification criteria and has successfully performed services on similar projects in the past. The successful firm shall be required to enter into a contract with the City for the services requested in this RFP within a reasonable time after award. A firm submitting a proposal must be prepared to use the City's standard contract form rather than its own contract form. The contract shall include terms appropriate for this project. Generally, the terms of the contract shall include, but are not limited to: (1) completion of the project within the timeframe provided; (2) no additional work authorized without prior approval; (3) no payment without prior approval; (4) funding availability; (5) termination of contract under certain conditions; (6) indemnification of the City; (7) approval by the City of any subcontractors; and (8) minimum appropriate insurance requirements. A Model Agreement is attached as Exhibit B to this RFP. The City intends to award a contract substantially in the form of the Model Agreement to the selected contractor (s).

BACKGROUND
The City as a jurisdictional member of the Butte County Abandoned Vehicle Abatement (AVA) Program Service Authority encompassing the incorporated areas of the City Limits of Oroville in Butte City began towing abandoned vehicles in December 2003.

Funds for the AVA program are generated from a one dollar registration fee collected by the State of California. Each quarter, after the State takes out their administrative fee, the registration funds are sent to the Butte County Abandoned Vehicle Abatement Joint Powers Authority for distribution to the participating jurisdictions (Biggs, Chico, Gridley, Oroville, Paradise and Butte City). The City receives an administrative fee for staff support (Development Services, Butte County Counsel, and Auditor’s Office) to the Butte County Abandoned Vehicle Abatement Joint Powers Authority program (all jurisdictions) and the remaining funds are divided in half. One half of the funds are paid to each jurisdiction solely based upon their percentage of population. The remaining half of the funds are paid to each jurisdiction based upon the number of tows.

Tow companies in good standing on California Highway Patrol (CHP) Tow Service Agreement (TSA) rotation were eligible to enter into an Agreement with the City of Oroville for towing abandoned vehicles at the direction of the City of Oroville Code Enforcement Department, Oroville Police Department (OPD), and Municipal Law Enforcement Officers (MLE) or Code Enforcement Officers.

Tow rates were initially established with input from tow companies and licensed Dismantlers, other jurisdictions, and City staff. Charges for towing “over-sized” vehicles were established by a bid process involving those tow companies equipped and willing to tow larger vehicles. 174
Item 5.

RFP Introduction – Background – Scope of Services
3 AVA funds are intended to help jurisdictions cover the costs of the program. Eligible costs include staff time and expenses related to the program. Initially the City of Oroville (jurisdiction), invested in making the program a success, towed a large number of vehicles (which gave us a larger portion of each quarter’s funding), and used the funding to pay for those tows. Increased costs of towing “over-sized” vehicles, along with the continued volume of tows eventually exceeded the City of Oroville AVA funding and the City committed additional funds, to continue towing. AVA funding was not available then to cover the hours of time put in by the code enforcement department, administrative staff, or AVA-related expenses – which was absorbed by the City of Oroville.

The time commitment to the AVA program by the Department is significant. Resources devoted to this program which have the potential of being compensated for by AVA funds, reduce the time available to spend on other equally important efforts that do not have the same level of funding resources. It is intended that via this RFP we find the most costeffective way to deliver tow services and optimize funding resources.

We expect the successful bidder to this RFP to begin work on July 5, 2022, or sooner, upon full execution of an agreement with the City of Oroville.

SCOPE OF SERVICES
Overview. The incorporated portion of the City Limits within the County of Butte is the area covered by this RFP. The attached Abandoned Vehicle Abatement Towing Map shows boundaries.

1. California Highway Patrol Rotation List and Tow Service Agreement. Towing firms shall:
• maintain membership in good standing on one or more of the California Highway Patrol (CHP) rotation lists for City of Oroville (City) (at City’s option, the City may consider tow companies, dismantlers and licensed scrap dealers in good standing on CHP rotation lists in other than the City of Oroville. • be currently in compliance, and maintain that status, with all conditions, meeting all requirements and consistently following all protocols set forth in the current Department of California Highway Patrol Tow Service Agreement; • apply and follow these standards as respects to services provided for the City; and notify City immediately of any disciplinary actions resulting in letters of written reprimand, suspensions or termination of their CHP Tow Service Agreement. • only use those tow vehicles authorized/inspected as part of CHP rotation.

Failure to apply the above-referenced standards, maintain good standing, or to notify City of any disciplinary action, shall be immediate cause for cancellation of any subsequent towing agreement entered into with City of Oroville, at the sole discretion of the City of Oroville.
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Item 5.

Should failure to maintain good standing, impact the City of Oroville in their ability to provide towing services for the Abandoned Vehicle Abatement program, either programmatically or fiscally, City of Oroville may hold contractor liable for damages and seek restitution for breach of the agreement. Such restitution may be in the form of withholding payment for services provided. In no case shall the City be liable to pay for services provided while a tow company is on suspension or terminated from the CHP program.

2. Response Time of Abatement Services. This is a critical element of the Abandoned Vehicle Abatement program and one that shall be given due consideration in reviewing responses. Interested firms must be able to respond to single and/or multiple removals at any given time. The City reserves the right to authorize a time extension to towing firms for vehicle removal and recovery services.
• “Priority” Tows. Tow services for vehicles that impact Health and Safety due to their location and/or condition require the quickest response time. For reference purposes, these shall be referred to as “priority” tows. • “Scheduled” Tows. Other tows, not as critical in nature, may be able to be “Scheduled”, perhaps on certain days for certain areas, or on a case-by-case basis.

Firms shall be asked to provide both response times for “priority” tows and “scheduled” tows.

The City of Oroville reserves the right to make multiple awards and/or purchase subsequent services on the open market if necessary, to provide for timely removal of vehicles in the event contracted towing firm(s) fail to perform within the required frame.

In such instances, the City of Oroville shall have the right to deduct from any monies due, or that may after become due, to the contracted firm(s) the difference between the price named in the contract and the actual cost thereof to the City.

3. Volume Capacity of Abatement Services. Interested firms must be able to respond to single and/or multiple removals at any given time. The volume of vehicles that can be towed in any one day, is another critical element considered in the review of responses.

This is especially true with regards to removal of vehicles from private properties which are performed under the Nuisance Abatement program and require removal with a specified time.

Firms which possess multiple car carriers are anticipated to offer better prices than a firm with limited ability to tow multiple vehicles from one site, within the span of time available.

4. Storage Facilities. In addition to meeting the requirements for storage facilities contained in the CHP Tow Services Agreement, storage facilities must be in compliance with zoning regulations. Another critical element of consideration in review of proposals is the overall storage capacity (how many vehicles can be stored at any one time) and the efficiency of the firm to maintain sufficient storage capacity to accommodate the volume of vehicles towed for the City of Oroville, by appropriate and timely removal/disposal of stored vehicles.

5. On-Site Inspections. On-site inspections may be performed by the City of Oroville to ascertain that recordkeeping, facilities and equipment are in accordance with the 176
Item 5.
requirements and intentions of the specifications. Towing firms shall allow inspections of upon request by the City of Oroville during normal business hours.

6. Rules and Regulations of the Abandoned Vehicle Program. Knowledge of and compliance with regulations regarding the disposition of abandoned vehicles is mandatory. Vehicles removed by the towing firm(s) pursuant to Sections 22523, 22661, 22669 and 22851.3 of the California Vehicle Code shall be transported to the storage facility provided by the towing firm and stored for a designated 15-day period before disposal. At the conclusion of the storage period, with required DMV forms completed by the towing firm(s), the towing firm(s) may dispose of the vehicle. Abated vehicles or parts thereof shall not be reconstructed or made operable unless the vehicle qualifies for restoration pursuant to Section 5004 of the Vehicle Code.

Abandoned vehicles shall be disposed of by removal to a dismantler or to a scrap yard for processing as scrap. Vehicles towed under the Abandoned Vehicle Abatement program for which junk slips are not obtainable due to their value being over the designated monetary value for junked vehicles may be sold via lien sale. You may look up Vehicle Code and Government Codes at http://www.leginfo.ca.gov/calaw.html.

7. Invoicing and Recordkeeping. Firms awarded contracts shall be expected to demonstrate good recordkeeping practices. The City Of Oroville shall be entitled to audit the books and records of the towing firm. Such books or records shall be maintained by the towing firms for a period of two years from the date of the final payment or until an audit is completed. Review of records and recordkeeping practices, at the towing firm’s place of business, may be performed at the request of the City, by giving 24 hours advance notice.
• Invoices shall be submitted in a manner acceptable to the City and in a timely manner. Diligence shall be required in obtaining signed junk slips as soon as possible after the 15 day storage. Invoices are required to be submitted within 10 days of obtaining the signed junk slip. Invoices with junk slips dated over 10 days from submission of the invoice are considered late and late invoices shall not be honored.
• “180” Form Accountability. Towing firms must account for all “180” forms. “180s’ are issued sequentially with a code indicating the date and Code Enforcement Officer. All “180” forms shall be accounted for, either by the submission of timely invoices and accompanying junk slips, or by indicating the status as being reclaimed “owner paid” (see below), or by indicating on a copy of the “180” submitted with monthly invoices that the vehicle was over the monetary value for a junk sale and therefore was sold via lien. Missing “180” forms shall be cause for investigation, including a review of records. • Owner Reclaiming Vehicles. An owner of a towed abandoned vehicle, upon submission of required proof of ownership and current DMV registration, may reclaim their vehicle by paying the towing firm’s reasonable prevailing towing and storage fees (storage fees shall not exceed the cost of seven days per Section 22554 of the Vehicle Code). The towing firm would include the “180” form along with submission of other invoices for that month with a note on the top of the form to indicating “owner paid”. A copy of the receipt provided to the Owner of the vehicle, containing the owner’s name, address, and phone number shall accompany the “180”.
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• City Release of Vehicles. Under unusual circumstances, the towing firm may release vehicles to the owner of the vehicle with a written release from the Code Enforcement Division. If the owner of the vehicle is to be charged reasonable fees, it shall be handled as stated above under “Owner Reclaiming Vehicles”. If the City has already been billed for the tow, the towing firm shall issue a credit to the City along with the submission of monthly invoices. If the towing firm is required by the City, in writing, to return the vehicle to the site from which it was towed in order to release the vehicle to the registered vehicle owner, the towing firm shall be entitled to charge the City the same towing charge (exclusive of any extra charges, storage charges, etc.) as the initial recovery towing (only) fee. However, if the towing firm is required to release the vehicle to the registered owner at its storage yard, the City shall not be charged any additional towing fees. • Towing Firm Liability for Exceeding Contract Maximum. Towing firms are responsible for tracking services delivered against their contracted amounts and not exceeding those amounts. Providing services in excess of the contracted maximums in place at any given time shall be the risk of the towing firm(s). • Towing Firm Liability for Provision of Required Insurance Documents.

Towing firms are responsible for keeping up to date insurance information on file with City. Certificates of Insurance and endorsements to policies naming the City as additional insured shall be updated prior to expiration of previous documents on file. The City reserves the right to withhold payments to towing firms in the event of material non-compliance with the insurance requirements outlined above.

Standard Tows Defined. For purposes of this proposal, contractor shall consider bids to pertain to towing, storage, and recycling of all motorcycles, all passenger cars, all SUVs, all light and medium duty pickup trucks and all utility trailers up to 20 feet. These shall be considered “standard” tows. Miscellaneous parts and pieces of dismantled vehicles shall be handled as in current contracts, parts belonging to/missing from another a towed vehicle shall be considered as part of a vehicle’s towing charges, other parts that can be picked up manually (from different vehicles) shall be done so without additional charges. You shall be asked to provide your proposed charges for heavier parts requiring equipment to pick up, as part of your proposal, however a determination shall be made by Code Enforcement as to whether the combined quantity and effort to remove said parts shall be considered as a separate tow.

8. Towing and dismantling of vehicles beyond this description shall be considered “large” tows.

The City of Oroville reserves the right to authorize the towing firms to remove a “Standard Tow” vehicle as an “Extraordinary tow” vehicle when the City has determined that the vehicle became qualified as an “Extraordinary tow” after being tagged under the program. “Extraordinary tow” determination shall be at the sole discretion of Oroville Police Department or Code Enforcement Officer and may reflect unexpected difficulties encountered such as location of the vehicle making access difficult, etc.

Towing firm(s) shall remove abandoned vehicles from all types of properties and roadways, both improved an unimproved, on a City-wide basis. Property access and roadway widths vary. The towing firm(s)’s towing vehicles and equipment are expected to be able to negotiate all types of properties and roadways regardless of 178
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improvements. However, if any vehicle is determined by the towing firm(s) to not be accessible for removal after referral, the towing firm shall immediately notify City of Oroville in writing (by fax or email), at which time the City shall determine whether the vehicle is still eligible for removal under the Abandoned Vehicle Abatement Program.

Towing firms shall be required to remove all abandoned vehicles referred by City Code Enforcement, and it shall be necessary for the towing firm(s) to retrieve vehicles from streams, wetlands, sloughs, ravines, or other difficult areas. Towing firms shall remove vehicles from riparian corridors and environmentally sensitive areas in a manner so as to minimize any further environmental damage. Refusal to remove difficult to retrieve vehicles may be considered a breach of the agreement.

9. Disposal of Trash or Waste Materials. Towing firm shall be responsible for lawful disposal of any trash or waste materials contained within any towed vehicles. It is the responsibility of the towing firm(s) to properly dispose of any waste matter within the abandoned vehicles authorized for towing prior to final disposition of the vehicle at no additional charge to the City. If uncontained hazardous materials are found in vehicles, call 911.

10. One Proposal shall be accepted from any one person, partnership, corporation or other entity, however, several alternatives may be included in one proposal.

12. Nonexclusively. The towing firm(s) awarded contract(s) and City agree that a contract does not establish an exclusive contract between the City of Oroville and contracted towing firm(s), nor does it constitute a commitment by City, whether expressed or implied, to contract with towing firm(s) to perform or supply any work, nor is there any guarantee as to the volume of work or the duration of a contract. The City expressly reserves all its rights, including but not limited to the following: The right to utilize others to perform or supply work of the type contemplated by any awarded Contract, the right to request proposals from others with or without requesting proposals from Contractor for work of the type contemplated by the contract, and the unrestricted right by the City to bid or perform any such work.

13. Price Guarantee. The City expects the price to remain the same during the length of the contract. If market conditions warrant, the City reserves the right to receive a lower price.

14. Price Decline. In the event of a price decline, or if the towing firm(s) contract with another government entity for the same service at lower prices than offered herein, with other terms and conditions being equal, then supplier shall immediately extend those same lower prices to the City.

15. Funding. For the contract(s) to be awarded is from State-imposed registration fees for Abandoned Vehicle Abatement funding and City reserves the right to limit services to the availability of Abandoned Vehicle Abatement funding for towing.

FORMAT FOR PROPOSALS
Responses to the Request for Proposals must be made according to the requirements set forth in this proposal, both for content and for sequence. Failure to adhere to these requirements or inclusion of conditions, limitations or misrepresentations in a response 179
Item 5.
may be cause for rejection of the submittal. Use 8-1/2” x 11” sheets (fold outs are acceptable for charts, etc.). Type size must be large enough to be easily legible, but shall not be smaller than 10 point.

A. City Contact Person:

Submit one signed, unbound original and four (4) complete copies of the submittal to:

Director of Code Enforcement Ron Belser,
City of Oroville, Code Enforcement
1735 Montgomery St.

Oroville, CA 95965
(530) 538-2448 ext.3055
[email protected]
This person will serve as the City’s contact person for this project who shall also respond directly with the contractor’s project manager for questions, inquiries, and coordination.

B. Mandatory Content and Sequence of Submittal.

Please respond to the all the questions below. Include attachments as necessary, and label them as directed to facilitate City’s review of your proposal. 180
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181
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RFP Required Information/Responses
All proposals shall be effective a minimum of 21 days from the proposal submittal due date of Ownership Information
Name of Legal Owner(s):

Structure of Business: Sole Proprietorship Corporation
Other:

Legal Name of Business:

Firm’s Federal Tax ID No.:

How long have legal owner(s) owned business: Years Months Do owners participate in the day-to-day running of the business Yes No If No, please explain level of involvement
Contact Information for person authorized to make representations for the firm, and sign any subsequent contract on behalf of the firm. If there is more than one person, please include that information in an attachment labeled “Contact Information.” Name: Phone:

Address: 2
nd Phone:

City: State: CA Zip:

Email:

Subcontractors Does your firm use subcontractors? Yes No If yes, please supply as an attachment, a list of subcontractors with their business names, addresses, phone numbers and contact persons. Use an attachment labeled, “Subcontractors.” Financial Interest Is this towing directly involved in the towing-related business of any other operator within the City? Yes No
If yes, please explain:

Is this towing business directly involved in any recycling/salvage scrap metal business? Yes No If yes, please explain:
(use additional, attached pages if necessary, labeled “Recycling/Salvage” 182
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RFP Required Information/Responses
Disposal of vehicles Do you receive payment for scrapping vehicles? Yes No Please disclose in an attachment labeled, “Disposal of Vehicles”, the name and addresses, and phone numbers of businesses you have utilized in the past 24 months to utilize to dispose of junked vehicles.

NOTE: On-site inspection of the facilities listed below may be performed by the City.

2. Business Office Information
Company Name:

Street Address:

Mailing Address:

City: State: CA Zip:

Telephone No: Telephone No. (2)
Fax Number: Email address:

Business Office Days/Hours of operation:

If the office is closed for lunch, please indicate that time: Shall not be less than 8- 5, Monday through Friday, except for the following City-recognized holidays: New Year’s Day, Martin Luther King Day, President’s Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Veteran’s Day, Thanksgiving and the day following, Christmas Day)

3. Primary Storage Facility Information (Normally at the same location as the business address. If not at the same location, there shall be no charge for any additional distance traveled to and from a secondary location. The vehicle and/or personal property shall be released at the primary storage facility or place of business upon request of the registered owner or a person having a legal entitlement to the vehicle and/or property.) Street Address:

City: State: CA Zip:

Telephone No: Fax Number:

Vehicle Capacity: Zoning:
(https://assr.parcelquest.com/Home “parcel lookup”)
Hours of Operation:

Check if the use of the property as a storage facility is permitted by zoning and/or permit Use additional paper if necessary, attach and label it “Storage Facility Permitted”.

Please explain:

Is this facility owned or on a month-to-month rental or leased. If leased, when does the lease expire? .
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RFP Required Information/Responses
Years of
For-Hire
Towing City of
Full Legal Names Experience Residence
Do other tow companies utilize this space? Yes No

4. Secondary Storage Facility Information
Street Address:

City: State: CA Zip:

Telephone No: Fax Number:

Vehicle Capacity: Zoning:
(www.buttecounty.net/dds “parcel lookup”)
Hours of Operation:

Check if the use of the property as a storage facility is permitted by zoning and/or permit Use additional paper if necessary, attach and label it “Secondary Storage Facility Permitted”.

Please explain:

Is this facility owned or on a month-to-month rental or leased. If leased, when does the lease expire? .

Do other tow companies utilize this space? Yes No

5. Tow Truck Drivers Tow truck drivers shall be at least 18 years of age and shall possess the proper class license and endorsements for the towed and towing vehicle. Please attach additional sheet with information if you have additional employees who you propose to work under this program, label it “Tow Truck Drivers”.

Completed
Approved Tow
Truck Driver
Training Program
Yes No
Yes No
Yes No
Yes No
Yes No

6. Annual Random Drug Testing Program. Please attach information, and label it “Annual Random Drug Testing Program”, on how this program is conducted, including procedures followed when tests come back positive.

7. Tow Truck Classifications. An operator shall equip and maintain tow trucks covered under this proposal with the provisions set forth in the California Vehicle Code, Title 13 of the California code of Regulations (Title 13) as required by their participation in the California Highway Patrol (CHP) Tow Service Agreement. Good standing in the CHP rotation and 184
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RFP Required Information/Responses
adherence to those requirements in the delivery of proposed services for the AVA program is a mandatory requirement of this proposal and subsequent contract. The operator shall not dispatch a tow truck that has not been inspected and approved by the CHP.

Towing firm(s) shall maintain a sufficient number of tow trucks to conduct business and meet response times. Sufficient numbers of tow trucks shall be required by City of Oroville based on towing firm(s) volume of business in the tow districts they are bidding on. At least one (1) tow truck shall be a car carrier. Any tow truck which is not capable of providing continuous air to the towed vehicle shall be rated as a Class A tow truck.

Please provide the following information relative to tow trucks (as defined by the CHP Tow Service Agreement), inspected and approved for current use on an active CHP rotation. If you have more equipment than can be listed here, please list additional vehicles on an attachment labeled, “Tow Truck Classifications”.

Capacity in Location of
Number of Active CHP
Quantity Year Mileage Class Carrier Vehicles Rotation*
A B C D Yes
A B C D Yes
A B C D Yes
A B C D Yes
A B C D Yes
A B C D Yes
*List all tow vehicles that may be available for tows in the City of Oroville, they must be on an active CHP rotation.

8. Certifications/Awards/Recognitions Please list and provide copies of any certifications, awards, special qualifications and/or forms of recognitions held by your firm in regards to staff, equipment and/or services that speak to the qualifications, experience, and or performance of services. As necessary, please explain the significance of any such documents. Please label these attachments with a cover sheet labeled, “Certifications/Awards/Recognitions”.

9. Current Rates Please provide your two retail hourly rates as supplied to the CHP for purposes of entering their Tow Service Agreement rotation, both calls originating during normal business hours and after business hours for each of the tow areas. These are the rates you would charge a private party who comes to claim their vehicle prior to obtaining a junk slip.

Include and itemize storage rates. Please provide this information on an attachment labeled “Current Rates”.

11. Response Time Upon receiving a call from a code enforcement officer or Oroville Police Department dispatch, please indicate your maximum response time to requests for towing of abandoned vehicles.
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RFP Required Information/Responses
“Priority” Tow (See Page 4 for definition) Maximum Response Times:

Oroville Priority minutes

12. “Scheduled” Tow Maximum Response Times
If tows were scheduled for certain days of the week, or you were to be given advance notice, how would this enable you to provide tow services for scheduled dates and times? Please provide detail, as to how much advance notice would be required, etc., for you to provide scheduled tow services. Oroville Scheduled Tows Hours Days in advanced The City of Oroville reserves the right to make multiple awards and/or purchase subject services on the open market if necessary, to provide for timely removal of vehicles in the event the primary Contractor(s) fails to perform within the required time.

The City of Oroville reserves the right to authorize a time extension to Contractor(s) for vehicle removal and recovery services.

13. Disciplinary Action Please disclose by marking the box(es) below any of the following disciplinary actions taken against an operator by the CHP in the last twelve months.

First violation –letter of written reprimand
Second violation – 1 to 30 day suspension
Third violation – 60-90 day suspension
Fourth violation – termination of CHP Tow Service Agreement For any violation marked above, please provide a detailed explanation of the violation(s), length of suspension/termination, and corrective action taken to resolve cause of violation.

Please label the attachment as “Disciplinary Action.”

14. Contractor Capabilities Provide information for the Background and Experience in no more than six pages entitled, “Contractor Capabilities.” Submit with the subheading of Background and Experience your firm’s background, and its organizational structure, include names and titles. Describe the firm's demonstrated experience in providing similar services.

15. Proposed Rates Prices and cash discounts are to be firm. Please be sure to include any towing “rebates”, or other price breaks you are willing to provide. However, in the case of an announced price decrease, such decrease shall be passed on to the City. In the event of a price decline or if the Contractor contracts with another government entity for the same service at lower prices than offered herein, with other terms and conditions being equal, then supplier shall immediately extend those same lower prices to the City.

16. Community Benefit Programs Please, describe in an attachment labeled, “Community Benefit Programs” your proposal for programs and/or services to benefit Butte City in the form of special programs or events such as “Amnesty” programs, “free” or “reduced-cost” “Neighborhood cleanup” tows to vehicle owners. Describe these programs and indicate the frequency in which you would provide these programs. 186 Item 5.

RFP Required Information/Responses

17. Please provide your proposal for towing and storage service prices. Use Attachment 1 Proposed Tow Charges form to indicate your proposed charges to the City for tows from each of the four delineated tow areas (including both standard and distant tows) within each tow area.

The Abandoned Vehicle Abatement program pays for up to 15 days of storage, indicate your proposed daily storage charge to the City.

From time to time, the City of Oroville requires the towing of its vehicles when they become disabled during the course of business. Include your proposed price to the City for providing these tows. You may respond with a number of vehicles per year you would be willing to tow at your proposed price.

When there are parts of an abandoned vehicle(s) which either belong to a vehicle being towed, or that can be picked up manually, those parts too are considered as part of that vehicles tow cost and will not be considered as a separate tow. If there are larger parts, requiring equipment to lift and remove, a determination shall be made by Code Enforcement as to whether the combined quantity and effort to remove said parts shall be considered as a separate tow.

Use the attached spreadsheet for presenting your proposed prices – Attachment 1 Proposed Tow Charges.
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Attachment 1 – Proposed Tow Charges – Three Pages on web version Attachment I Proposed Tow
Charges Note: Do not include storage fees in tow charges STANDARD TOWS (See Page6)
Attachment 1 – Proposed Tow Charges
Standard Tows
“Scheduled” “Priority”
Oversize Tows
“Scheduled” “Priority”
Motor-homes
“Scheduled” “Priority”
Travel Trailers
“Scheduled” “Priority”
Single / Standard
Vehicle $ $
Capacity / Multi
vehicle Carrier
No.
$
No.
$
Up to 25’ $ $ $ $ $ $
26’ – 30’ $ $ $ $ $ $
31’ – 35’ $ $ $ $ $ $
36’ and Over $ $ $ $ $ $
Large Parts $
Engines, transmissions, etc., not able to lift manually If you are on site for towing and there are additional large parts from vehicles, not belonging to the vehicles you are towing:

STORAGE FEES (for RFP) $ Per Day $ Per 15 day period
Charges for towing City owned
vehicles
$ Storage per day $
Priority Tows are those which must be done in the shortest time possible after receiving notification of the tow.

Scheduled Tows would be those that can be scheduled for a certain day of the week, or on a certain date. 188
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Attachment 1 – Proposed Tow Charges – Three Pages on web version

COMMUNITY BENEFIT PROGRAMS (See Page 15)
Please indicate programs and reduced tow charges for any Community Benefit Programs Please indicate the
name/type of Program $
ie:
“Neighborhood
Clean-up”
“Amnesty”…
“reduced-cost”
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RFP Process Information

SELECTION PROCESS
The selection committee may include representatives from the Department of Development Services and selected City departments. The criteria for selecting the contractor recommended for selection by the Board of Supervisors is provided below:
(1) Capability and Availability of Staff. Does the designated firm have the qualified and experienced staff needed to perform this job? (25 points max) (2) Equipment Resources. Does the designated firm have the towing equipment (inspected and approved by CHP) needed for this job? (25 points max) (3) Cost. How does the proposed cost to the City from the designated firm compare to the cost proposals from other firms? (50 points max)
Selection will consist of two levels of review. Level I will consist of evaluating the proposals for the purpose of establishing the most qualified contractors. Level II will be used to select the finalist(s). This level may include a request for a presentation from the finalists, proposal fact-finding and negotiation of contract terms and conditions.

CITY NOTICES
Any questions related to this RFP are to be directed to the City contact person identified above. Do not contact other City personnel or selection committee members regarding this project or the selection procedures.

All proposing firms responding to this RFP should note the following:

A. All work performed for Butte City, including all documents associated with the project, shall become the exclusive property of Butte City.

B. City of Oroville reserves the right to:

1. Reject any or all submittals;

2. Request clarification of any submitted information;

3. Waive any informalities or irregularities in any qualification statement;

4. Not enter into any agreement;

5. Not to select any firm;

6. Cancel this process at any time;

7. Amend this process at any time;

8. Interview firms prior to award;

9. Negotiate with companies submitting proposals;

10. To award more than one contract if it is in the best interest of the City;

11. To issue similar RFPs or RFQs in the future; or

12. To request additional information during the interview.

C. The selected firm(s) are expected to perform and complete the project in its entirety.

D. Any and all costs arising from this RFP process incurred by any proposing firm shall be borne by the firm without reimbursement by the City of Oroville. 190
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RFP Process Information

MODEL AGREEMENT
The firm selected shall be expected to execute a contract substantially as the one included as Exhibit B Model Agreement. NOTE: Pay particular attention to Attachment I Standard Insurance Requirements of Exhibit B. Certificates of Insurance and Endorsements naming the City of Oroville as Additional Insured are required to be provided in a timely manner. You may have your insurance agent contact the City’s designated Contact person for this proposal with any questions regarding insurance requirements.

TIMING AND SCHEDULE
All responses to this RFP must be submitted on or before to be filled in at a later date 2017. There will not be a public opening of the proposals.

Checklist:

Complete and return information on Pages 10-14, including any applicable attachments as identified within the body of the RFP (referenced below for your convenience) in the format and quantity as described on Page 8.

Attachments labels as requested in this RFP:

Exhibit A Non-Collusion Declaration
Contact Information (if necessary, Page 10)
Subcontractors (if necessary, Page 10)
Recycling/Salvage (Page 10)
Disposal of Vehicles (Page 11)
Storage Facility Permitted (Page 11)
Secondary Storage Facility Permitted (Page 12)
Tow Truck Drivers (Page 12)
Annual Drug Testing Program (Page 12)
Tow Truck Classifications (Page 13)
Certifications/Awards/Recognitions (Page 13)
Current Rates (Page 13)
Response Time (Page 14)
Disciplinary Action (Page 14)
Background and Experience (Page 14)
Community Benefit Programs (Page 15)
Attachment 1 Proposed Tow Charges-Use form supplied (Page 15) 191
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Exhibit A – NON-Collusion (Referenced on Page 7)
Exhibit A

CITY OF OROVILLE

NON-COLLUSION DECLARATION

TO BE EXECUTED BY BIDDER AND SUBMITTED WITH RFP
I, , am the
(Name)
of ,
(Position/Title) (Company)
the party making the foregoing bid attests that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid; and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct:
(Date) (Signature)
192
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Exhibit B – Model Agreement (Referenced on Pages 2 and 19) EXHIBIT B – MODEL AGREEMENT – EXAMPLE ONLY
This Agreement, dated as indicated in the following variable information table is between the City of Oroville, a political subdivision of the State of California, hereinafter referred to as “City”, and the Contractor indicated in the variable information table below, hereinafter referred to as “Contractor.”

VARIABLE INFORMATION TABLE
Date of Agreement City Department
Completion Date F.O.B. Point
Terms Basis of Price (Do Not √ More Than One of the Following Four Blocks) Price Fixed Price Annual Price Monthly Price Hourly Rate Not-to-Exceed Price √ if Reasonable Expenses are authorized in addition to Hourly Rate Contractor Contact Information City Contact Information Contractor Project Manager
Address Address
City, State & ZIP City, State & ZIP
Telephone Telephone
Fed Tax ID or SSN Facsimile
WHEREAS, City, through the City Department identified above, desires to have work described in the Attachment II - Scope of Work; and
WHEREAS, Contractor possesses the necessary qualifications to perform the work described herein.

NOW THEREFORE BE IT AGREED between the parties to this Agreement that this Agreement is subject to the provisions contained in ”Attachment I – Insurance Requirements for City Contracts”, “Attachment II – Scope of Work” and “Attachment III – Terms and Conditions” which are made a part of this Agreement.

Should there be any conflicts between this Agreement and the three attachments that are incorporated herein, precedence shall first be given to the provisions of this Agreement followed, in descending order, as indicated below:

Attachment III – Terms and Conditions
Attachment I – Insurance Requirements for City Contracts Attachment II – Scope of Work
By signature below, the department head or his or her deputy certifies that no unauthorized alterations have been made to the Attachment III – Terms and Conditions and/or the Attachment I – Insurance Requirements for City Contracts.

Typed or Printed Name Signature Date
This Agreement and its three Attachments represent the entire undertaking between the parties.

CITY CONTRACTOR

REVIEWED AS TO FISCAL AND CITY

BUDGETARY CONTROL REVIEWED AS TO FORM
By By
193
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Exhibit B – Model Agreement (Referenced on Pages 2 and 19)

ATTACHMENT I

STANDARD INSURANCE REQUIREMENTS
A. MINIMUM LIMITS OF INSURANCE.

1.) General Liability: At least $1,000,000 combined single limit per occurrence coverage for bodily injury, personal injury and property damage, plus an annual aggregate of at least $2 million. If a general aggregate limit is used, then either the general aggregate limit shall apply separately to this project/location, or the general aggregate limit shall be twice the required per occurrence limit.

The contractor or contractor’s insurance carrier shall notify City if incurred losses covered by the policy exceed 50% of the annual aggregate limit.

2.) Automobile Liability: At least $100,000 to cover bodily injury for one person and $300,000 for two or more persons, and $50,000 to cover property damages. However, policy limits for construction projects shall be at least $1,000,000 combined single limit per accident for bodily injury and property damage for autos used by the contractor to fulfill the requirements of this agreement, and coverage shall be provided for “Any Auto”, Code 1 as listed on the Accord form Certificate of Insurance.

3.) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance up to policy limits and Employer Liability insurance each with policy limits of at least $1,000,000 per occurrence.

4.) Professional Liability Insurance (Delete if not contracting for professional services) Professional liability insurance covering professional services shall be provided in an amount of at least $1,000,000 million per occurrence or $1,000,000 or on a claims made basis. However, if coverage is written on a claims made basis, the policy shall be endorsed to provide at least a twoyear extended reporting provision.

B. DEDUCTIBLES AND SELF-INSURED RETENTIONS.

Any deductibles or self-insured retention must be declared on certificates of insurance and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its officers, officials, employees and volunteers, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses.

C. OTHER INSURANCE PROVISIONS.

1. General Liability insurance policies shall be endorsed to state:
a.) The City, its officers, officials, employees and volunteers are to be covered as insured as respects liability arising out of activities performed by or at the direction of the Contractor, including products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

Revised 10/13/03 Page 1 of 2
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Exhibit B – Model Agreement (Referenced on Pages 2 and 19) b.) Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
c.) Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

2. Construction contracts must also provide an endorsement for Automobile liability insurance, which includes the items listed in C1 above.

D. ACCEPTABILITY OF INSURERS.

Insurance is to be placed with insurers who are licensed to sell insurance in the State of California and who possess a Best’s rating of no less than A-: VII. If the contractor’s insurance carrier is not licensed to sell insurance in the State of California, then the carrier must possess a Best rating of at least A: VIII. (For Best ratings go to http://www.ambest.com/)
E. VERIFICATION OF COVERAGE.

Contractor shall furnish the City certificates of insurance and original endorsements affecting coverage required by this clause. All certificates of insurance and endorsements are to be received and approved by the City before work under the contract has begun. The City reserves the right to require complete, certified copies of all insurance policies required by this contract.

Certificates of insurance shall state that the insuring agency agrees to endeavor to mail to City written notice 30 days before any of the insurance policies described herein are cancelled. Contractor agrees to notify City within two working days of any notice from an insuring agency that cancels, suspends, reduces in coverage or policy limits the insurance coverages described herein.

F. SUBCONTRACTORS.

Contractor shall include all subcontractors as insured under its policies or require all subcontractors to be insured under their own policies. If subcontractors are insured under their own policies, they shall be subject to all the requirements stated herein, including providing the City certificates of insurance and endorsements before beginning work under this contract.
2 of 2
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Exhibit B – Model Agreement (Referenced on Pages 2 and 19) Attachment II
Scope of Work
The scope of work shall detail both contractor’s and City’s responsibilities, similar to the information provided in the Request for Proposal.
196
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Exhibit B – Model Agreement (Referenced on Pages 2 and 19) Attachment III TERMS

AND CONDITIONS

1. Scope of Work. The work to be undertaken is identified in the attached “Attachment II – Scope of Work” which is made a part of this Agreement.

2. Reimbursement. The work shall be performed for the Fixed price, Annual price, Monthly price or Hourly rate as indicated above in the variable information table, but shall not exceed the Not-to-Exceed Price if included in the variable information table. Reasonable expenses are authorized in addition to the Hourly Rate if both the Hourly Rate block and the block authorizing Reasonable Expenses are checked in the variable information table. Payment shall be made after the Project Manager or designee reviews and approves the work and after submittal of an invoice by the Contractor.

3. City Project Manager. The City project manager or designee for this undertaking who will receive payment invoices and answer questions related to the coordination of this undertaking is identified above in the variable information table.

4. Independent Contractor. Contractor is an independent contractor working under his/her own supervision and direction and is not a representative or employee of City. Contractor agrees to file tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement.

5. Confidentiality and Ownership. The City retains the exclusive right of ownership to the work, products, inventions and confidential information produced for the City by the Contractor, and the Contractor shall not disclose any information, whether developed by the Contractor or given to the Contractor by the City.

6. Termination. This Agreement may be terminated by either the City or Contractor by a thirty day written notice. Authorized costs incurred by the Contractor will be reimbursed up to the date of termination. Notwithstanding anything stated to the contrary herein, this Agreement shall expire on the Completion Date indicated in the above Variable Information Table unless the Completion Date is modified by written amendment to this Agreement.

7. Indemnification. Contractor agrees to accept responsibility for loss or damage to any person or entity, and to defend, indemnify, hold harmless and release the City, its officers, agents and employees from and against any and all actions, claims, damages, disabilities or expenses that may be asserted by any person or entity, including Contractor, to the extent arising out of or in connection with the negligent acts or omissions or willful misconduct in the performance by Contractor hereunder, whether or not there is concurrent negligence on the part of the City, but excluding liability due to the active negligence or willful misconduct of the City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor or its agents under worker’s compensation acts, disability benefit acts, or other employee benefits acts. Contractor shall be liable to City for any loss of or damage to City property arising out of or in connection with Contractor’s negligence or willful misconduct.
197
Item 5.

Exhibit B – Model Agreement (Referenced on Pages 2 and 19)

8. Insurance Requirements. Contractor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from, or be in connection with the performance of the Work hereunder by Contractor, Contractor’s agents, representatives, employees and subcontractors. At the very least, Contractor shall maintain the insurance coverage, limits of coverage, and other insurance requirements as described in Attachment I to this Agreement.

9. Changes to the Agreement. Changes to this Agreement may only be approved by written amendment to this Agreement.

10. Contractor’s Standard of Care. City has relied upon the professional ability and training of the Contractor as a material inducement to enter into this Agreement.

Contractor hereby warrants that all of Contractor’s work will be performed in accordance with generally accepted and applicable professional practices and standards as well as the requirements of applicable Federal, State and local laws, it being understood that acceptance of Contractor’s work by City shall not operate as a waiver or release.

11. Termination for Exceeding Maximum Level of Expenditures. Agreements exceeding the monetary limits delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Agreement was executed for the City of Oroville by the Purchasing Agent, or authorized deputy, this Agreement shall automatically terminate on the date that the provision of services or personal property or incurring of expenses, the cumulative total of which, exceeds the amount prescribed by Government Code Section 25502.5 for personal services agreements or the amount prescribed by Public Contract Code Section 22032 (b) for public works agreements.

12. Termination for Exceeding Maximum Term. Agreements exceeding the three year term delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the Board of Supervisors. If this Agreement was executed for the City of Oroville by the Purchasing Agent, or authorized deputy, this Agreement shall automatically terminate on the date that the term exceeds three years. Amendments to this Agreement, or new Agreements for essentially the same purpose, shall not be valid beyond the three year limitation unless duly executed by the Chair of the Board of Supervisors.

13. Compliance with Laws. Contractor shall comply with all Federal, State and local laws, rules and regulations including, without limitation, any nondiscrimination laws.

14. Applicable L a w and Forum. This Agreement shall be construed and interpreted according to California law and any action to enforce the terms of this Agreement for the breach thereof shall be brought and tried in the City of Oroville.

15. Contradictions in Terms and Conditions. In the event of any contradictions in the terms and/or conditions of this Agreement, these Attachment III TERMS AND CONDITIONS shall prevail.
198
Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: OROVILLE CITY COUNCIL
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: CONSIDER AND ADOPT THE TRANSITIONAL MEMORANDUM OF

UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE
OROVILLE FIRE FIGHTER’S ASSOCIATION AND THE OROVILLE FIRE

MANAGERS
DATE: JUNE 21, 2022

SUMMARY
The City Council will consider the transitional Memorandum of Understanding between the City of Oroville and the Oroville Fire Fighter’s Association (OFFA) and the Oroville Fire Managers.

The purpose of the MOU is to complete the transition of City of Oroville Fire Fighters to Cal Fire.

DISCUSSION
At the July 20, 2021, meeting the Council adopted Resolution 8970 directing staff to initiate LAFCo proceedings for the contracting of Fire Service with Cal Fire. The Council further adopted Resolution 8971 directing the Mayor to sign all necessary documents to execute a contract from July 2022 to June 2025 with Cal Fire.

The proposed transition to Cal Fire was reviewed by LAFCo and approved by the LAFCo board at the April 7, 2022, meeting.

The last item to complete the transition is the Memorandum of Understanding (MOU) between the City of Oroville and the Oroville Fire Fighters Association (OFFA) and the Oroville Fire Management Staff. City Staff along with the City negotiator has been meeting with the OFFA over the past month to discuss the terms of the MOU. It is necessary to negotiate the terms of items where the members of the Association have a financial interest, those items include vacation banks, sick leave, comp time banks and post-retirement health care etc. The Association has been very helpful and engaged in the process. City Staff and the Association and Management group have reached a tentative agreement.

The terms of the agreement are included in the attached MOU. All Fire personnel will be paid for all times accrued that are not transferred to Cal Fire. Fire Fighters will each receive a onetime payment of $600.00 for uniforms. This payment is necessary due to the fact the Fire Fighters will not receive a uniform allowance from Cal Fire until July of 2023 and there are 199
Item 6.

required uniform changes due to this transition. This proposed MOU contains all the terms of the transition that were within the control of the City.

Post-retirement medical was negotiated. Most of the Fire Fighters will receive a one time buy out of $8,434.00. This buy out will be deposited into a 457 plan for each Fire Fighter. There are three Fire Fighters that will receive service credit purchase buy out for post-retirement medical benefit with Cal Fire. The total cost of the post-retirement medical and uniform allowance is $749,012.20.

There is an attached copy of the proposed transitional MOU for review and additional detail.

FISCAL IMPACT
Transitional MOU cost will come from the General fund resulting in a reduction in the fund of $749,012.20

RECOMMENDATON
Adopt Resolution No. 9065 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE TRANSITIONAL

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE OROVILLE FIRE FIGHTER’S ASSOCIATION – (Agreement No. 3421).

Adopt Resolution No. 9066 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE THE TRANSITIONAL

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE OROVILLE FIRE MANAGER’S ASSOCIATION – (Agreement No. 3422).

ATTACHMENTS

1. Transitional MOU

2. Resolution 9065

3. Resolution 9066

4. Agreements
200
Item 6.

R-9065

OROVILLE CITY COUNCIL
RESOLUTION NO. 9065

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE

MAYOR TO EXECUTE THE TRANSITIONAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE OROVILLE FIRE FIGHTER’S ASSOCIATION (Agreement No. 3421)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a transitional memorandum of Understanding (MOU) agreement, between the City of Oroville and the Oroville Fire Fighters Association (OFFA). 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 June 21, 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 201
Item 6.

TRANSITIONAL MEMORANDUM OF

UNDERSTANDING

BETWEEN CITY OF OROVILLE AND
OROVILLE FIREFIGHTERS’

ASSOCIATION
202
Item 6.

OROVILLE FIREFIGHTERS’ ASSOCIATION TRANSITIONAL

MEMORANDUM OF UNDERSTANDING

PURPOSE
The purpose of the M.O.U. is to promote a harmonious transition from "CITY" service employment to service employment by the State of California, Department of Forestry and Fire Protection (hereinafter also “CAL FIRE”), for those employees in classifications represented by the Oroville Firefighters Association.

RECITALS

TRANSITION
These recitals City and the Association in this MOU are based on the best understanding of practices, rules, and regulations of third parties such as the California Public Employees Retirement System (PERS), the County of Butte and the State of California, Department of Forestry and Fire Protection, and are not intended to create contractual obligations between the City and the Association. The contractual obligations are set forth in the Contractual Terms and Conditions of the MOU.

Transitioning employees are encouraged to contact the applicable third party to obtain additional information. The parties hereto understand and agree that upon transition to employment with the State of California, Department of Forestry and Fire Protection affected Oroville employees will be blanketed into the State Civil Service system in accordance with the rules, policies and provisions administered by the CalHR. Those affected City employees will thereafter be employees of the State of California and no longer subject to the rights and privileges of employment with the City of Oroville unless otherwise stated herein or provided for by law.

Upon appointment to the California Department of Forestry and Fire Protection, blanketed-in employees will be subject to the following conditions of employment:

Article VII, Section 6 (c) of the Constitution allows the State Personnel Board to transfer or "blanket — in" by board resolution local government employees when the work that was previously performed by these employees is assumed by the State.

All current fire suppression personnel of the City Oroville who wish to blanket into State Service as a CAL FIRE employee are eligible to do so. CAL FIRE has agreed to blanket-in all fire suppression personnel, with the exception of those on disability leave. Those on leave will transition after being released to “Full duty” disability leave. In the event those on leave are not released to “Full duty”, but rather eligible for disability retirement, no State Service or Transitional MOU benefits will be applied, however, City policy, procedures and benefits will remain in effect. 203
Item 6.

WAGES. HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT OF

EMPLOYEES BLANKETED INTO STATE SERVICE
Terms and conditions of employment for employees that are blanketed into State Service are outlined in the applicable state bargaining unit agreements for rank-and-file employees. Copies of the applicable bargaining unit agreements are available to be provided to the members of the Oroville Firefighters Association.

UNION REPRESENTATION
Fire protection employees in rank-and-file classifications are represented by CDFF (Bargaining Unit 8). The MOU addresses working conditions, benefits, and wages. New MOUs are negotiated by CAL FIRE and the CDFF and go into effect once approved by the Legislature, signed by the Governor, and ratified by the CDFF membership.

The Department’s Labor Relations office is available to assist in the interpretation and applications of terms of MOUs.

STATE CIVIL SERVICE CLASSIFICATION
The State civil service classification is determined by evaluating City of Oroville Fire Department employees' existing classifications and duty statement compared to the same or similar classifications used within CAL FIRE. As close a match as possible is made and the employees are then blanketed (transferred upon resolution) into those State civil service classifications.

PERMANENT APPOINTMENT
City of Oroville Fire Department employees that are blanketed into CAL FIRE are assured of permanent appointments. The process is prescribed clearly in law and takes from three to four months to process. Officially, these employees become State civil service employees "without the benefit of civil service examination." They do not serve a probationary period unless they are currently on probation with City of Oroville. The State Personnel Board makes the civil service appointment at one of their regularly scheduled public hearings. CAL FIRE closely follows the guidelines established in the State Constitution for the transition of employees into State civil service that result from these cooperative agreements.

Article VII, Section 6(c) of the California Constitution allows the State Personnel Board to transfer, or "blanket-in" by board resolution local government employees when the work that was performed by these employees is assumed by the State. 204
Item 6.

SALARY

BASE PAY
Once the State civil service classification is determined, the City of Oroville Fire Department employees' existing salaries at the time of transition will be compared to that of the new classifications. If the employees are within the minimum and maximum of the salary range for the State civil service classifications, the employees will retain that salary. If the employees' salaries are below the minimum of the State civil service classifications, the salaries will be raised to the minimum of the classification and the employees will be given annual step increases (e.g., merit salary adjustment, etc.) until they have reached the maximum salary range of the civil service classification.

CAL FIRE employees are paid their base pay plus any applicable pay differentials once per calendar month. Fire protection employees receive a supplemental check at the end of each 28-day work period for Extended Duty Week Compensation (EDWC) as well as unplanned overtime.

A fire department employee's monthly salary is based on a work schedule for an average 53 hours per week, which is established by the Federal Fair Labor Standards Act (FLSA) as the standard work week for firefighters eligible for Section 7k of the FLSA.

EXTENDED DUTY WORK WEEK COMPENSATION
Additional compensation for CAL FIRE fire protection employees is calculated on a 28- day work period. Since CAL FIRE employees predominantly work a scheduled 72-hour work week, a portion of these scheduled hours are eligible for additional Compensation under the FLSA (i.e., the difference between 53 hours and 72 hours per week). This additional compensation is known as EDWC. A supplemental check at the end of the 28-day work period is issued to compensate the employees for EDWC and for any unplanned overtime that was worked during the 28-day period. EDWC counts as income for California Public Employees Retirement System (CalPERS) retirement calculation purposes. Unplanned overtime does not count as compensation for CalPERS retirement calculation purposes.

SENIORITY
It is the City's understanding that years of service at the Oroville Fire Department shall be counted toward longevity pay eligibility. Again, final determination shall be made by CAL FIRE once employees are blanketed into State Service.

Once transitioned, service with City Oroville Fire Department will be reviewed and credited to employees based on the State's qualifying service requirement.

Seniority is calculated similarly to State Service and is used for transfers, layoffs, or demotions when necessary.
205
Item 6.

PROBATIONARY PERIOD
City Fire Department employees who have successfully completed their probationary period with the City preceding the effective date of blanketing-in will continue to hold such positions as permanent state civil service employees. Fire Department employees holding positions with the City for less than one year immediately preceding the effective date of such action shall continue to hold such positions subject to the probationary period established for the class to which transferred.

There are four (4) Oroville City probationary employees transitioning from the City to State employment.

PROMOTIONS. TRANSFER. AND ASSIGNMENTS
City Oroville Fire Department employees who are transitioned into CAL FIRE will be fully tenured employees and enjoy the same rights, privileges, and opportunities that any other CAL FIRE employee of the same classification and seniority would receive.

Employees will be eligible to compete for promotion if they meet the minimum qualifications of the civil service classification. The years of employment with the City will count as credit towards qualifying experience.

City Oroville Fire Department employees will be eligible to transfer or ask for reassignment anywhere in California that CAL FIRE operates the same as any other CAL FIRE employees. Voluntary transfer rules may be found in the various MOUs dependent on the employee's civil service classification. For employees in fire protection classifications, this information is contained in the MOU between CDF Firefighters Local 2881 (CDFF) and CAL FIRE.

Promotions, transfers, and re-assignments are predominantly voluntary. Occasionally, due to operational needs, an employee may be involuntarily reassigned within CAL FIRE.

LEAVE CREDITS

VACATION AND SICK LEAVE
Vacation and sick leave credits are converted prior to being credited to an employee transitioned to the State. Credits are converted by the following formula: Hours of credit each month as a local government employee divided by the hours of credit each month a CAL FIRE employee would receive.

As an example: A local government employee earns 12 hours of sick leave per month; CAL FIRE employees earn eight hours of sick leave per month. Thus, 12 divided by eight equals 1.5. This is the conversion factor. The next step is to take the local government employee's sick leave balance and divide it by the conversion factor. This is the balance the local government employee will be allowed to carry over.

For vacation leave credits, there is a maximum number of hours an employee can carry 206
Item 6.
over. The maximum hours are determined by calculating what the employee would earn in a year as a State employee (based on his or her credited years of State Service).

This is the maximum carry over amount allowed for vacation leave credits.

RETIREMENT BENEFITS
All CAL FIRE firefighting employees are members of the CalPERS Peace Officer and Firefighter (POFF) Safety Retirement Program. The City Oroville Fire Department employees performing fire protection work will become members of this program.

Upon retirement the employee will receive compensation based on a combination of retirement systems to which he contributed to over their years of employment. Some will have been members of only CalPERS, while some will have participated in multiple programs and plans. Each Oroville Fire Department employee's retirement compensation calculations will be different based on the programs and plans in which they have been members.

It is strongly recommended that each employee contact CalPERS and obtain a personal evaluation of his retirement circumstances.

PREVIOUS STATE EMPLOYEE CREDIT TOWARDS POST RETIREMENT HEALTH CARE

COVERAGE
Some City of Oroville Fire Department employees may have worked for the State of California prior to their current employment with the local government. This prior State employment experience may count towards the vesting requirement. If they were State employees prior to January 1, 1989, they may receive the benefit with reduced years of service requirement as follows:

YEARS OF STATE CIVIL SERVICE STATE CONTRIBUTION
Any years of service 100%
If they began working for the State of California between January 1, 1985, to December 31, 1988, rates are as follows:

YEARS OF STATE CIVIL SERVICE STATE CONTRIBUTION
10 years 100%
Less than 10 years Reduced by 10% for each year of service under 10 years
The City of Oroville Fire Department employees are encouraged to contact CalPERS for their particular circumstances.
207
Item 6.

The City of Oroville (hereinafter "City") and the Oroville Firefighters Association (hereinafter "Association") agree to the following terms and conditions:

CONTRACTUAL TERMS AND CONDITIONS TO TRANSITION
The following contractual terms and conditions have been negotiated between the City Oroville and the Oroville Firefighters Association and shall be applicable to the transition of the City Fire Department employees to CAL FIRE.

1. CLASSIFICATIONS
The Association is the recognized bargaining unit for the following classifications:

Fire Captain
Fire Engineer
Firefighter
Upon transition, it is expected the 14 current full time City Fire Department employees shall be blanketed into State Service with CAL FIRE to the extent allowed under state law, applicable State MOU, SubJAC and Classification & Pay State review as follows:

Oroville Fire Department CAL FIRE
3 Captains 3 Captains
2 Lieutenants N/A
5 Engineers 7 Fire Apparatus Engineers
4 Firefighters 4 Firefighter II
The City and the Association agree that all terms and conditions agreed upon in this Transitional M.O.U. become effective upon signing by both parties.

2. UNIFORM ALLOWANCE
The City shall provide for a one-time payment of $600.00 to purchase of the necessary uniforms and accessories for each covered employee based on CAL FIRE requirements and specifications.

3. SICK LEAVE BALANCES
City Fire Department employees shall have their City sick leave balances carried over to CAL FIRE employment based on a conversion factor of 0.66667. For example, 12 hours of accumulated City sick leave balance will be needed to generate 8 hours of sick leave carry over to CAL FIRE employment. There is no cap.
208
Item 6.

4. VACATION LEAVE BALANCES
Vacation credits are converted prior to being credited to an employee transitioned to the state.

Credits are converted by the following formula: hours of credit each month as an Oroville employee divided by the hours of credit each month a CAL FIRE employee would receive. For vacation credits there is a maximum number of hours an employee can carry over. The maximum hours are determined by calculating what the employee would earn in a year as a state employee based on his or her credited years of service. This is the maximum carryover amount allowed for vacation leave credits.

5. COMP TIME BALANCES
City Fire Department employees who have a balance in their Comp Time Bank shall be cashed out and paid within 30 days of transition date.

6. HOLIDAY
Any holiday time a City Fire Department employee has not used will be paid at the time of transition at the employee’s current City wage.

7. SALARY
The City shall continue to pay each fire department employee their normal salary and include any merit increases due to an employee up to the transition date.

8. MERIT INCREASES
City Fire Department employees shall be granted their appropriate merit increase between the time of this agreement and the actual transition date to State Service.

9. POST RETIREMENT HEALTHCARE COVERAGE
A. Current Retirees
The City shall maintain all current retiree medical benefit programs for City Fire Department retirees who have retired from City of Oroville employment prior to the Transition.

B. Current Employees: See attached individual agreements

10. BADGES & HELMETS
As a good will and commemorative gesture, the City shall allow the employee to retain possession of their City helmet, and badge for their current classification. An employee may request the badge from a previously held classification, if available. 209
Item 6.

11. HEALTH BENEFITS
The City shall maintain all benefits related to medical, dental and vision, for all employees transitioning, until coverage begins with State Service. When coverage has been assured through State Service, City will then be released from maintaining health benefits for employees.

12. OVERTIME
Prior to Transition Date, all employees shall be eligible to work overtime as deemed necessary by City. All overtime shall be paid in cash. There shall be no CTO accrued for the duration of this transition agreement.

13. OROVILLE FIRE FIGHTER’S ASSOCIATION 2404 PROPERTY
The Oroville Fire Fighter’s Association shall remove all Association property from City property prior to the Transition Date.

14. ENTIRE AGREEMENT
This Transitional MOU constitutes the final, complete, and exclusive agreement between the City and the Association pertaining to the transfer of City Fire Department employees to CAL FIRE State Service. It supersedes all prior understandings or agreements between the parties relating to the Transitional MOU.

15. AMENDMENT
This Transitional MOU shall be amended only in writing and approved by the City Council of the City and the Association.

16. TRANSITION DATE
For all purposes, the Transition Date shall mean the first day that the City Fire Department employees become CAL FIRE State Service employees.

17. NO THIRD PARTIES
This Transitional MOU is made solely between the City and the Association, and no other person or entity shall have or acquire rights by virtue of it. 210
Item 6.

SIGNATURE/ AGREEMENT
The undersigned, being the duly appointed representatives for the Oroville Firefighters Association and the City of Oroville, acknowledge and agree to the terms of this Transitional MOU.

OROVILLE FIREFIGHTER’S ASSOCIATION
Donald Robinson, OFFA President Date

CITY OF OROVILLE
Bill LaGrone, City Administrator Date
211
Item 6.

R-9066

OROVILLE CITY COUNCIL
RESOLUTION NO. 9066

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING THE

MAYOR TO EXECUTE THE TRANSITIONAL MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF OROVILLE AND THE OROVILLE FIRE MANAGER’S ASSOCIATION.
(Agreement No. 3422)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a transitional memorandum of Understanding (MOU) agreement, between the City of Oroville and the Oroville Fire Manager’s Association. 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 June 21, 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 212
Item 6.

TRANSITIONAL MEMORANDUM OF

UNDERSTANDING

BETWEEN CITY OF OROVILLE AND

OROVILLE FIRE MANAGERS

ASSOCIATION
213
Item 6.

OROVILLE FIRE MANAGERS ASSOCIATION TRANSITIONAL

MEMORANDUM OF UNDERSTANDING

PURPOSE
The purpose of the M.O.U. is to promote a harmonious transition from "CITY" service employment to service employment by the State of California, Department of Forestry and Fire Protection (hereinafter also “CAL FIRE”), for those employees in classifications represented by the Oroville Fire Managers Association.

RECITALS

TRANSITION
These recitals City and the Association in this MOU are based on the best understanding of practices, rules, and regulations of third parties such as the California Public Employees Retirement System (PERS), the County of Butte and the State of California, Department of Forestry and Fire Protection, and are not intended to create contractual obligations between the City and the Association. The contractual obligations are set forth in the Contractual Terms and Conditions of the MOU.

Transitioning employees are encouraged to contact the applicable third party to obtain additional information. The parties hereto understand and agree that upon transition to employment with the State of California, Department of Forestry and Fire Protection affected Oroville employees will be blanketed into the State Civil Service system in accordance with the rules, policies and provisions administered by the CalHR. Those affected City employees will thereafter be employees of the State of California and no longer subject to the rights and privileges of employment with the City of Oroville unless otherwise stated herein or provided for by law.

Upon appointment to the California Department of Forestry and Fire Protection, blanketed-in employees will be subject to the following conditions of employment:

Article VII, Section 6 (c) of the Constitution allows the State Personnel Board to transfer or "blanket — in" by board resolution local government employees when the work that was previously performed by these employees is assumed by the State.

All current fire suppression personnel of the City Oroville who wish to blanket into State Service as a CAL FIRE employee are eligible to do so. CAL FIRE has agreed to blanket-in all fire suppression personnel, with the exception of those on disability leave. Those on leave will transition after being released to “Full duty” disability leave. In the event those on leave are not released to “Full duty”, but rather eligible for disability retirement, no State Service or Transitional MOU benefits will be applied, however, City policy, procedures and benefits will remain in effect. 214
Item 6.

WAGES. HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT OF

EMPLOYEES BLANKETED INTO STATE SERVICE
Terms and conditions of employment for employees that are blanketed into State Service are outlined in the applicable state bargaining unit agreements for rank-and-file employees. Copies of the applicable bargaining unit agreements are available to be provided to the members of the Oroville Managers Association.

UNION REPRESENTATION
Fire protection employees in rank-and-file classifications are represented by CDFF (Bargaining Unit 8). The MOU addresses working conditions, benefits, and wages. New MOUs are negotiated by CAL FIRE and the CDFF and go into effect once approved by the Legislature, signed by the Governor, and ratified by the CDFF membership.

The Department’s Labor Relations office is available to assist in the interpretation and applications of terms of MOUs.

STATE CIVIL SERVICE CLASSIFICATION
The State civil service classification is determined by evaluating City of Oroville Fire Department employees' existing classifications and duty statement compared to the same or similar classifications used within CAL FIRE. As close a match as possible is made and the employees are then blanketed (transferred upon resolution) into those State civil service classifications.

PERMANENT APPOINTMENT
City of Oroville Fire Department employees that are blanketed into CAL FIRE are assured of permanent appointments. The process is prescribed clearly in law and takes from three to four months to process. Officially, these employees become State civil service employees "without the benefit of civil service examination." They do not serve a probationary period unless they are currently on probation with City of Oroville. The State Personnel Board makes the civil service appointment at one of their regularly scheduled public hearings. CAL FIRE closely follows the guidelines established in the State Constitution for the transition of employees into State civil service that result from these cooperative agreements.

Article VII, Section 6(c) of the California Constitution allows the State Personnel Board to transfer, or "blanket-in" by board resolution local government employees when the work that was performed by these employees is assumed by the State. 215
Item 6.

SALARY

BASE PAY
Once the State civil service classification is determined, the City of Oroville Fire Department employees' existing salaries at the time of transition will be compared to that of the new classifications. If the employees are within the minimum and maximum of the salary range for the State civil service classifications, the employees will retain that salary. If the employees' salaries are below the minimum of the State civil service classifications, the salaries will be raised to the minimum of the classification and the employees will be given annual step increases (e.g., merit salary adjustment, etc.) until they have reached the maximum salary range of the civil service classification.

CAL FIRE employees are paid their base pay plus any applicable pay differentials once per calendar month. Fire protection employees receive a supplemental check at the end of each 28-day work period for Extended Duty Week Compensation (EDWC) as well as unplanned overtime.

A fire department employee's monthly salary is based on a work schedule for an average 53 hours per week, which is established by the Federal Fair Labor Standards Act (FLSA) as the standard work week for Managers eligible for Section 7k of the FLSA.

EXTENDED DUTY WORK WEEK COMPENSATION
Additional compensation for CAL FIRE fire protection employees is calculated on a 28- day work period. Since CAL FIRE employees predominantly work a scheduled 72-hour work week, a portion of these scheduled hours are eligible for additional Compensation under the FLSA (i.e., the difference between 53 hours and 72 hours per week). This additional compensation is known as EDWC. A supplemental check at the end of the 28-day work period is issued to compensate the employees for EDWC and for any unplanned overtime that was worked during the 28-day period. EDWC counts as income for California Public Employees Retirement System (CalPERS) retirement calculation purposes. Unplanned overtime does not count as compensation for CalPERS retirement calculation purposes.

SENIORITY
It is the City's understanding that years of service at the Oroville Fire Department shall be counted toward longevity pay eligibility. Again, final determination shall be made by CAL FIRE once employees are blanketed into State Service.

Once transitioned, service with City Oroville Fire Department will be reviewed and credited to employees based on the State's qualifying service requirement.

Seniority is calculated similarly to State Service and is used for transfers, layoffs, or demotions when necessary.
216
Item 6.

PROBATIONARY PERIOD
City Fire Department employees who have successfully completed their probationary period with the City preceding the effective date of blanketing-in will continue to hold such positions as permanent state civil service employees. Fire Department employees holding positions with the City for less than one year immediately preceding the effective date of such action shall continue to hold such positions subject to the probationary period established for the class to which transferred.

There are four (4) Oroville City probationary employees transitioning from the City to State employment.

PROMOTIONS. TRANSFER. AND ASSIGNMENTS
City Oroville Fire Department employees who are transitioned into CAL FIRE will be fully tenured employees and enjoy the same rights, privileges, and opportunities that any other CAL FIRE employee of the same classification and seniority would receive.

Employees will be eligible to compete for promotion if they meet the minimum qualifications of the civil service classification. The years of employment with the City will count as credit towards qualifying experience.

City Oroville Fire Department employees will be eligible to transfer or ask for reassignment anywhere in California that CAL FIRE operates the same as any other CAL FIRE employees. Voluntary transfer rules may be found in the various MOUs dependent on the employee's civil service classification. For employees in fire protection classifications, this information is contained in the MOU between CDF Managers Local 2881 (CDFF) and CAL FIRE.

Promotions, transfers, and re-assignments are predominantly voluntary. Occasionally, due to operational needs, an employee may be involuntarily reassigned within CAL FIRE.

LEAVE CREDITS

VACATION AND SICK LEAVE
Vacation and sick leave credits are converted prior to being credited to an employee transitioned to the State. Credits are converted by the following formula: Hours of credit each month as a local government employee divided by the hours of credit each month a CAL FIRE employee would receive.

As an example: A local government employee earns 12 hours of sick leave per month; CAL FIRE employees earn eight hours of sick leave per month. Thus, 12 divided by eight equals 1.5. This is the conversion factor. The next step is to take the local government employee's sick leave balance and divide it by the conversion factor. This is the balance the local government employee will be allowed to carry over.

For vacation leave credits, there is a maximum number of hours an employee can carry 217
Item 6.
over. The maximum hours are determined by calculating what the employee would earn in a year as a State employee (based on his or her credited years of State Service).

This is the maximum carry over amount allowed for vacation leave credits.

RETIREMENT BENEFITS
All CAL FIRE firefighting employees are members of the CalPERS Peace Officer and Firefighter (POFF) Safety Retirement Program. The City Oroville Fire Department employees performing fire protection work will become members of this program.

Upon retirement the employee will receive compensation based on a combination of retirement systems to which he contributed to over their years of employment. Some will have been members of only CalPERS, while some will have participated in multiple programs and plans. Each Oroville Fire Department employee's retirement compensation calculations will be different based on the programs and plans in which they have been members.

It is strongly recommended that each employee contact CalPERS and obtain a personal evaluation of his retirement circumstances.

PREVIOUS STATE EMPLOYEE CREDIT TOWARDS POST RETIREMENT HEALTH CARE

COVERAGE
Some City of Oroville Fire Department employees may have worked for the State of California prior to their current employment with the local government. This prior State employment experience may count towards the vesting requirement. If they were State employees prior to January 1, 1989, they may receive the benefit with reduced years of service requirement as follows:

YEARS OF STATE CIVIL SERVICE STATE CONTRIBUTION
Any years of service 100%
If they began working for the State of California between January 1, 1985, to December 31, 1988, rates are as follows:

YEARS OF STATE CIVIL SERVICE STATE CONTRIBUTION
10 years 100%
Less than 10 years Reduced by 10% for each year of service under 10 years
The City of Oroville Fire Department employees are encouraged to contact CalPERS for their particular circumstances.
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Item 6.

The City of Oroville (hereinafter "City") and the Oroville Managers Association (hereinafter "Association") agree to the following terms and conditions:

CONTRACTUAL TERMS AND CONDITIONS TO TRANSITION
The following contractual terms and conditions have been negotiated between the City Oroville and the Oroville Managers Association and shall be applicable to the transition of the City Fire Department employees to CAL FIRE.

1. CLASSIFICATIONS
The Association is the recognized bargaining unit for the following classifications:
2- Battalion Chief
1-Fire Chief
Upon transition, it is expected the 3 current full time City Fire Department employees shall be blanketed into State Service with CAL FIRE to the extent allowed under state law, applicable State MOU, SubJAC and Classification & Pay State review as follows:

Oroville Fire Department CAL FIRE
2 Battalion 2 Battalion Chief
1 Fire Chief 1 Division Chief
The City and the Association agree that all terms and conditions agreed upon in this Transitional M.O.U. become effective upon signing by both parties.

2. UNIFORM ALLOWANCE
The City shall provide for a one-time payment of $600.00 to purchase of the necessary uniforms and accessories for each covered employee based on CAL FIRE requirements and specifications.

3. SICK LEAVE BALANCES
City Fire Department employees shall have their City sick leave balances carried over to CAL FIRE employment based on a conversion factor of 0.66667. For example, 12 hours of accumulated City sick leave balance will be needed to generate 8 hours of sick leave carry over to CAL FIRE employment. There is no cap.
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Item 6.

4. VACATION LEAVE BALANCES
Vacation credits are converted prior to being credited to an employee transitioned to the state.

Credits are converted by the following formula: hours of credit each month as an Oroville employee divided by the hours of credit each month a CAL FIRE employee would receive. For vacation credits there is a maximum number of hours an employee can carry over. The maximum hours are determined by calculating what the employee would earn in a year as a state employee based on his or her credited years of service. This is the maximum carryover amount allowed for vacation leave credits.

5. COMP TIME BALANCES
City Fire Department employees who have a balance in their Comp Time Bank shall be cashed out and paid within 30 days of transition date.

6. HOLIDAY
Any holiday time a City Fire Department employee has not used will be paid at the time of transition at the employee’s current City wage.

7. SALARY
The City shall continue to pay each fire department employee their normal salary and include any merit increases due to an employee up to the transition date.

8. MERIT INCREASES
City Fire Department employees shall be granted their appropriate merit increase between the time of this agreement and the actual transition date to State Service.

9. POST RETIREMENT HEALTHCARE COVERAGE
A. Current Retirees
The City shall maintain all current retiree medical benefit programs for City Fire Department retirees who have retired from City of Oroville employment prior to the Transition.

B. Current Employees: See attached individual agreements

10. BADGES & HELMETS
As a good will and commemorative gesture, the City shall allow the employee to retain possession of their City helmet, and badge for their current classification. An employee may request the badge from a previously held classification, if available. 220
Item 6.

11. HEALTH BENEFITS
The City shall maintain all benefits related to medical, dental and vision, for all employees transitioning, until coverage begins with State Service. When coverage has been assured through State Service, City will then be released from maintaining health benefits for employees.

12. OVERTIME
Prior to Transition Date, all employees shall be eligible to work overtime as deemed necessary by City. All overtime shall be paid in cash. There shall be no CTO accrued for the duration of this transition agreement.

13. OROVILLE FIRE MANAGER’S ASSOCIATION PROPERTY
The Oroville Fire Manager’s Association shall remove all Association property from City property prior to the Transition Date.

14. ENTIRE AGREEMENT
This Transitional MOU constitutes the final, complete, and exclusive agreement between the City and the Association pertaining to the transfer of City Fire Department employees to CAL FIRE State Service. It supersedes all prior understandings or agreements between the parties relating to the Transitional MOU.

15. AMENDMENT
This Transitional MOU shall be amended only in writing and approved by the City Council of the City and the Association.

16. TRANSITION DATE
For all purposes, the Transition Date shall mean the first day that the City Fire Department employees become CAL FIRE State Service employees.

17. NO THIRD PARTIES
This Transitional MOU is made solely between the City and the Association, and no other person or entity shall have or acquire rights by virtue of it. 221
Item 6.

SIGNATURE/ AGREEMENT
The undersigned, being the duly appointed representatives for the Oroville Managers Association and the City of Oroville, acknowledge and agree to the terms of this Transitional MOU.

OROVILLE FIRE MANAGER’S ASSOCIATION
Robert Buckhout Date
___________________________ _____________________________ Issac Ruiz Date
___________________________ _____________________________ Chris Tenns Date

CITY OF OROVILLE
Bill LaGrone, City Administrator Date
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Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN ROBERT BUCKHOUT AND CITY OF

OROVILLE
PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Robert Buckhout and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On April 2, 2002, Robert Buckhout was hired by the CITY. Robert Buckhout is currently ranked as a Battalion Chief for the CITY’s Fire Department.

2. Robert Buckhout is a current member of the CITY and is a member of the Oroville Firefighters Managers.

3. On Robert Buckhout, the CITY and the Oroville Fire Managers have reached a tentative agreement to meet and confer in good faith with regards to Oroville Fire Manager’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and Oroville Fire Managers agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. The CITY will contribute to the State’s retiree medical trust in exchange for service credit applicable to the State’s retiree medical vesting schedule.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Robert Buckhout hereby releases, acquits, and forever discharges the CITY, its past and present Robert Buckhout’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Robert Buckhout’s Claims”), which Robert Buckhout now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Robert Buckhout Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
223
Item 6.

RELEASE, AND THAT IF KNOWN BY HIM, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Robert Buckhout acknowledges that Robert Buckhout has read all of this AGREEMENT, including the above Civil Code section, and that Robert Buckhout fully understands both the AGREEMENT and the Civil Code section. Robert Buckhout waives any benefits and rights granted to Robert Buckhout pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”)makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Robert Buckhout acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Robert Buckhout was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Robert Buckhout further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Robert Buckhout ii. Robet Buckhout is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/she] currently may have under the ADEA,OWBPA, or similar age discrimination laws;
iii. Robert Buckhout is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Robert Buckhout has been advised that she should consult with an attorney prior to executing this Agreement
vi. Robert Buckhout is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel
224
Item 6.
vii. Robert Buckhout has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Robert Buckhout agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Robert Buckhout agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Robert Buckhout and his counsel.

NO PRIOR ASSIGNMENTS
Robert Buckhout represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Robert Buckhout, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
225
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Robert Buckhout Chuck Reynolds, Mayor
226
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN CHRIS TENNS AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Chris Tenns and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On October 26, 2013, Chris Tenns was hired by the CITY. Chris Tenns is currently ranked as Interim Fire Chief for the CITY’s Fire Department.

2. Chris Tenns is a current member of the CITY and is a member of the Oroville Firefighters Managers.

3. On Chris Tenns, the CITY and the Oroville Fire Managers have reached a tentative agreement to meet and confer in good faith with regards to Oroville Fire Manager’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and Oroville Fire Managers agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $20,000.00 to Chris Tenns’ Section 457 deferred compensation plan. The CITY shall make this payment to Chris Tenns no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Chris Tenns hereby releases, acquits, and forever discharges the CITY, its past and present Chris Tenns’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Chris Tenns’s Claims, which Chris Tenns now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Chris Tenns Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
227
Item 6.

RELEASE, AND THAT IF KNOWN BY HIM, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Chris Tenns acknowledges that Chris Tenns has read all of this AGREEMENT, including the above Civil Code section, and that Chris Tenns fully understands both the AGREEMENT and the Civil Code section. Chris Tenns waives any benefits and rights granted to Chris Tenns pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”)makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Chris Tenns acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Chris Tenns was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Chris Tenns further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Chris Tenns ii. Chris Tenns is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/she] currently may have under the ADEA,OWBPA, or similar age discrimination laws;
iii. Chris Tenns is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Chris Tenns has been advised that she should consult with an attorney prior to executing this Agreement
vi. Chris Tenns is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel 228
Item 6.
vii. Chris Tenns has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this sevenday period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Chris Tenns agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds.

Chris Tenns agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Chris Tenns and his counsel.

NO PRIOR ASSIGNMENTS
Chris Tenns represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Chris Tenns, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
229
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Chris Tenns Chuck Reynolds, Mayor
230
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN ISAAC RUIZ AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Isaac Ruiz and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On April 17, 2001, Isaac Ruiz was hired by the CITY. Isaac Ruiz is currently ranked as a Battalion Chief for the CITY’s Fire Department.

2. Isaac Ruiz is a current member of the CITY and is a member of the Oroville Firefighters Managers.

3. On Isaac Ruiz, the CITY and the Oroville Fire Managers have reached a tentative agreement to meet and confer in good faith with regards to Oroville Fire Manager’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and Oroville Fire Managers agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. The CITY will contribute to the State’s retiree medical trust in exchange for service credit applicable to the State’s retiree medical vesting schedule.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Isaac Ruiz hereby releases, acquits, and forever discharges the CITY, its past and present Isaac Ruiz’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Isaac Ruiz’s Claims”), which Isaac Ruiz now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Isaac Ruiz Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, AND THAT IF KNOWN BY HIM, WOULD HAVE
231
Item 6.

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Isaac Ruiz acknowledges that Isaac Ruiz has read all of this AGREEMENT, including the above Civil Code section, and that Isaac Ruiz fully understands both the AGREEMENT and the Civil Code section. Isaac Ruiz waives any benefits and rights granted to Isaac Ruiz pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Isaac Ruiz acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Isaac Ruiz was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Isaac Ruiz further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Isaac Ruiz ii. Robet Buckhout is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/she] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Isaac Ruiz is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Isaac Ruiz has been advised that she should consult with an attorney prior to executing this Agreement
vi. Isaac Ruiz is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel 232
Item 6.
vii. Isaac Ruiz has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this sevenday period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Isaac Ruiz agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds.

Isaac Ruiz agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Isaac Ruiz and his counsel.

NO PRIOR ASSIGNMENTS
Isaac Ruiz represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Isaac Ruiz, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
233
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Isaac Ruiz Chuck Reynolds, Mayor
234
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN MARNIE GEDNEY AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Marnie Gedney and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On October 11, 2007, Marnie Gedney was hired by the CITY. Marnie Gedney is currently ranked as a Fire Engineer for the CITY’s Fire Department.

2. Marnie Gedney] is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. The CITY will contribute to the State’s retiree medical trust in exchange for service credit applicable to the State’s retiree medical vesting schedule.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Marnie Gedney hereby releases, acquits, and forever discharges the CITY, its past and present Marnie Gedney’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Marnie Gedney’s Claims, which Marnie Gedney now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Marnie Gedney’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE

RELEASE, AND THAT IF KNOWN BY HER, WOULD HAVE
235
Item 6.

MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Marnie Gedney acknowledges that Marnie Gedney has read all of this AGREEMENT, including the above Civil Code section, and that Marnie Gedney fully understands both the AGREEMENT and the Civil Code section. Marnie Gedney waives any benefits and rights granted to Marnie Gedney pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Marnie Gedney acknowledges that she is knowingly and voluntarily, for just consideration in addition to anything of value to which Marnie Gedney was already entitled, waiving and releasing any rights that she may have under the ADEA and/or OWBPA. Marnie Gedney further acknowledges that she has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Marnie Gedney ii. Marnie Gedney is aware of and has been advised of her rights under the ADEA and OWBPA, and of the legal significance of her waiver of any possible claims that [he/she] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Marnie Gedney is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that [he/she] may have under the ADEA, the OWBPA, or similar age discrimination laws, but [he/she] may, in the exercise of her own discretion, sign or reject this Agreement at any time before the expiration of the 21 days; iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Marnie Gedney has been advised that she should consult with an attorney prior to executing this Agreement
vi. Marnie Gedney is aware of her right to discuss this waiver and release with legal counsel, and agrees that she does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel
236
Item 6.
vii. Marnie Gedney has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Marnie Gedney agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Marnie Gedney agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Marnie Gedney and her counsel.

NO PRIOR ASSIGNMENTS
Marnie Gedney represents that she has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Marnie Gedney , State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
237
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Marnie Gedney Chuck Reynolds, Mayor
238
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN DONALD ROBINSON AND CITY OF

OROVILLE
PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Donald Robinson and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On July 8, 2011, Donald Robinson was hired by the CITY. Donald Robinson is currently ranked as a Fire Captain for the CITY’s Fire Department.

2. Donald Robinson is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Robinson’s Section 457 deferred compensation plan. The CITY shall make this payment to Robinson no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Donald Robinson hereby releases, acquits, and forever discharges the CITY, its past and present Donald Robinson’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Donald Robinson’s Claims, which Donald Robinson now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Donald Robinson’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
239
Item 6.

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Donald Robinson acknowledges that Donald Robinson has read all of this AGREEMENT, including the above Civil Code section, and that Donald Robinson fully understands both the AGREEMENT and the Civil Code section. Donald Robinson waives any benefits and rights granted to Donald Robinson pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Donald Robinson acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Donald Robinson was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Donald Robinson further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Donald Robinson ii. Donald Robinson is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Donald Robinson is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Donald Robinson has been advised that he should consult with an attorney prior to executing this Agreement
vi. Donald Robinson is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to 240
Item 6.
review and consider this Agreement or to engage in further discussions with legal counsel
vii. Donald Robinson has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Donald Robinson agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Donald Robinson agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Donald Robinson and his counsel.

NO PRIOR ASSIGNMENTS
Donald Robinson represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Donald Robinson, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
241
Item 6.

Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Donald Robinson Chuck Reynolds, Mayor
242
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN AARON COPELAND AND CITY OF

OROVILLE
PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Aaron Copeland and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On July 4, 2005, Aaron Copeland was hired by the CITY. Aaron Copeland is currently ranked as a Fire Captain for the CITY’s Fire Department.

2. Aaron Copeland is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Copeland’s Section 457 deferred compensation plan. The CITY shall make this payment to Copeland no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Aaron Copeland hereby releases, acquits, and forever discharges the CITY, its past and present Aaron Copeland’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Aaron Copeland’s Claims, which Aaron Copeland now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Aaron Copeland’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
243
Item 6.

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Aaron Copeland acknowledges that Aaron Copeland has read all of this AGREEMENT, including the above Civil Code section, and that Aaron Copeland fully understands both the AGREEMENT and the Civil Code section. Aaron Copeland waives any benefits and rights granted to Aaron Copeland pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Aaron Copeland acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Aaron Copeland was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Aaron Copeland further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Aaron Copeland ii. Aaron Copeland is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Aaron Copeland is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Aaron Copeland has been advised that he should consult with an attorney prior to executing this Agreement
vi. Aaron Copeland is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to 244
Item 6.
review and consider this Agreement or to engage in further discussions with legal counsel
vii. Aaron Copeland has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Aaron Copeland agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Aaron Copeland agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Aaron Copeland and his counsel.

NO PRIOR ASSIGNMENTS
Aaron Copeland represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Aaron Copeland, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
245
Item 6.

Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Aaron Copeland Chuck Reynolds, Mayor
246
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN JUSTIN KHAN AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Justin Khan and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On June 26, 2015, Justin Khan was hired by the CITY. Justin Khan is currently ranked as a Fire Captain for the CITY’s Fire Department.

2. Justin Khan is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Kahn’s Section 457 deferred compensation plan. The CITY shall make this payment to Kahn no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Justin Khan hereby releases, acquits, and forever discharges the CITY, its past and present Justin Khan’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Justin Khan’s Claims, which Justin Khan now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Justin Khan’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
247
Item 6.

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Justin Khan acknowledges that Justin Khan has read all of this AGREEMENT, including the above Civil Code section, and that Justin Khan fully understands both the AGREEMENT and the Civil Code section. Justin Khan waives any benefits and rights granted to Justin Khan pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Justin Khan acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Justin Khan was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Justin Khan further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Justin Khan ii. Justin Khan is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Justin Khan is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Justin Khan has been advised that he should consult with an attorney prior to executing this Agreement
vi. Justin Khan is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel 248
Item 6.
vii. Justin Khan has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this sevenday period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Justin Khan agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds.

Justin Khan agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Justin Khan and his counsel.

NO PRIOR ASSIGNMENTS
Justin Khan represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Justin Khan, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
249
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Justin Khan Chuck Reynolds, Mayor
250
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN CHRIS PERONDI AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Chris Perondi and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On March 10, 2014, Chris Perondi was hired by the CITY. Chris Perondi is currently ranked as a Fire Lieutenant for the CITY’s Fire Department.

2. Chris Perondi is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Perondi’s Section 457 deferred compensation plan. The CITY shall make this payment to Perondi no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Chris Perondi hereby releases, acquits, and forever discharges the CITY, its past and present Chris Perondi’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Chris Perondi’s Claims, which Chris Perondi now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Chris Perondi’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
251
Item 6.

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Chris Perondi acknowledges that Chris Perondi has read all of this AGREEMENT, including the above Civil Code section, and that Chris Perondi fully understands both the AGREEMENT and the Civil Code section. Chris Perondi waives any benefits and rights granted to Chris Perondi pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Chris Perondi acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Chris Perondi was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Chris Perondi further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Chris Perondi ii. Chris Perondi is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Chris Perondi is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Chris Perondi has been advised that he should consult with an attorney prior to executing this Agreement
vi. Chris Perondi is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel
252
Item 6.
vii. Chris Perondi has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Chris Perondi agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Chris Perondi agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Chris Perondi and his counsel.

NO PRIOR ASSIGNMENTS
Chris Perondi represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Chris Perondi, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
253
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Chris Perondi Chuck Reynolds, Mayor
254
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN SCOTT MARGLIN AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Scott Marglin and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On January 27, 2020, Scott Marglin was hired by the CITY. Scott Marglin is currently ranked as a Fire Engineer for the CITY’s Fire Department.

2. Scott Marglin is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Marglin’s Section 457 deferred compensation plan. The CITY shall make this payment to Marglin no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Scott Marglin hereby releases, acquits, and forever discharges the CITY, its past and present Scott Marglin’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Scott Marglin’s Claims, which Scott Marglin now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Scott Marglin’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
255
Item 6.

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Scott Marglin acknowledges that Scott Marglin has read all of this AGREEMENT, including the above Civil Code section, and that Scott Marglin fully understands both the AGREEMENT and the Civil Code section. Scott Marglin waives any benefits and rights granted to Scott Marglin pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Scott Marglin acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Scott Marglin was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Scott Marglin further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Scott Marglin ii. Scott Marglin is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Scott Marglin is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Scott Marglin has been advised that he should consult with an attorney prior to executing this Agreement
vi. Scott Marglin is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel
256
Item 6.
vii. Scott Marglin has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Scott Marglin agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Scott Marglin agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Scott Marglin and his counsel.

NO PRIOR ASSIGNMENTS
Scott Marglin represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Scott Marglin, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
257
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Scott Marglin Chuck Reynolds, Mayor
258
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN JOEL HARPER AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Joel Harper and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On March 10, 2014, Joel Harper was hired by the CITY. Joel Harper is currently ranked as a Fire Lieutenant for the CITY’s Fire Department.

2. Joel Harper is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Harper’s Section 457 deferred compensation plan. The CITY shall make this payment to Harper no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Joel Harper hereby releases, acquits, and forever discharges the CITY, its past and present Joel Harper’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Joel Harper’s Claims, which Joel Harper now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Joel Harper’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
259
Item 6.

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Joel Harper acknowledges that Joel Harper has read all of this AGREEMENT, including the above Civil Code section, and that Joel Harper fully understands both the AGREEMENT and the Civil Code section. Joel Harper waives any benefits and rights granted to Joel Harper pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Joel Harper acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Joel Harper was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Joel Harper further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Joel Harper ii. Joel Harper is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Joel Harper is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Joel Harper has been advised that he should consult with an attorney prior to executing this Agreement
vi. Joel Harper is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel
260
Item 6.
vii. Joel Harper has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this sevenday period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Joel Harper agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds.

Joel Harper agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Joel Harper and his counsel.

NO PRIOR ASSIGNMENTS
Joel Harper represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Joel Harper, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
261
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Joel Harper Chuck Reynolds, Mayor
262
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN BRAD LARSON AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Brad Larson and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On October 21, 2019, Brad Larson was hired by the CITY. Brad Larson is currently ranked as a Fire Engineer for the CITY’s Fire Department.

2. Brad Larson is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Larson’s Section 457 deferred compensation plan. The CITY shall make this payment to Larson no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Brad Larson hereby releases, acquits, and forever discharges the CITY, its past and present Brad Larson’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Brad Larson’s Claims, which Brad Larson now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Brad Larson’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
263
Item 6.

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Brad Larson acknowledges that Brad Larson has read all of this AGREEMENT, including the above Civil Code section, and that Brad Larson fully understands both the AGREEMENT and the Civil Code section. Brad Larson waives any benefits and rights granted to Brad Larson pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Brad Larson acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Brad Larson was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Brad Larson further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Brad Larson ii. Brad Larson is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Brad Larson is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Brad Larson has been advised that he should consult with an attorney prior to executing this Agreement
vi. Brad Larson is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel
264
Item 6.
vii. Brad Larson has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this sevenday period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Brad Larson agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds.

Brad Larson agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Brad Larson and his counsel.

NO PRIOR ASSIGNMENTS
Brad Larson represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Brad Larson, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
265
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Brad Larson Chuck Reynolds, Mayor
266
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN TYLER WOODARD AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Tyler Woodard and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On June 30, 2010, Tyler Woodard was hired by the CITY. Tyler Woodard is currently ranked as a Fire Engineer for the CITY’s Fire Department.

2. Tyler Woodard is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Woodard’s Section 457 deferred compensation plan. The CITY shall make this payment to Woodard no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Tyler Woodard hereby releases, acquits, and forever discharges the CITY, its past and present Tyler Woodard’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Tyler Woodard’s Claims, which Tyler Woodard now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Tyler Woodard’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
267
Item 6.

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Tyler Woodard acknowledges that Tyler Woodard has read all of this AGREEMENT, including the above Civil Code section, and that Tyler Woodard fully understands both the AGREEMENT and the Civil Code section. Tyler Woodard waives any benefits and rights granted to Tyler Woodard pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Tyler Woodard acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Tyler Woodard was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Tyler Woodard further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Tyler Woodard ii. Tyler Woodard is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Tyler Woodard is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Tyler Woodard has been advised that he should consult with an attorney prior to executing this Agreement
vi. Tyler Woodard is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel
268
Item 6.
vii. Tyler Woodard has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Tyler Woodard agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Tyler Woodard agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Tyler Woodard and his counsel.

NO PRIOR ASSIGNMENTS
Tyler Woodard represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Tyler Woodard, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
269
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Tyler Woodard Chuck Reynolds, Mayor
270
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN BRAD LONG AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Brad Long and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On January 27, 2020, Brad Long was hired by the CITY. Brad Long is currently ranked as a Fire Engineer for the CITY’s Fire Department.

2. Brad Long is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Long’s Section 457 deferred compensation plan. The CITY shall make this payment to Long no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Brad Long hereby releases, acquits, and forever discharges the CITY, its past and present Brad Long’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Brad Long’s Claims, which Brad Long now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Brad Long’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
271
Item 6.

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Brad Long acknowledges that Brad Long has read all of this AGREEMENT, including the above Civil Code section, and that Brad Long fully understands both the AGREEMENT and the Civil Code section. Brad Long waives any benefits and rights granted to Brad Long pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Brad Long acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Brad Long was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Brad Long further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Brad Long ii. Brad Long is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Brad Long is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Brad Long has been advised that he should consult with an attorney prior to executing this Agreement
vi. Brad Long is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel 272
Item 6.
vii. Brad Long has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this sevenday period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Brad Long agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds.

Brad Long agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Brad Long and his counsel.

NO PRIOR ASSIGNMENTS
Brad Long represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Brad Long, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
273
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Brad Long Chuck Reynolds, Mayor
274
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN BRENDEN PEREZ AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Brenden Perez and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On August 23, 2021, Brenden Perez was hired by the CITY. Brenden Perez is currently ranked as a Fire Fighter for the CITY’s Fire Department.

2. Brenden Perez is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Perez’s Section 457 deferred compensation plan. The CITY shall make this payment to Perez no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Brenden Perez hereby releases, acquits, and forever discharges the CITY, its past and present Brenden Perez’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Brenden Perez’s Claims, which Brenden Perez now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Brenden Perez’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
275
Item 6.

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Brenden Perez acknowledges that Brenden Perez has read all of this AGREEMENT, including the above Civil Code section, and that Brenden Perez fully understands both the AGREEMENT and the Civil Code section. Brenden Perez waives any benefits and rights granted to Brenden Perez pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Brenden Perez acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Brenden Perez was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Brenden Perez further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Brenden Perez ii. Brenden Perez is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Brenden Perez is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Brenden Perez has been advised that he should consult with an attorney prior to executing this Agreement
vi. Brenden Perez is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel
276
Item 6.
vii. Brenden Perez has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Brenden Perez agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Brenden Perez agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Brenden Perez and his counsel.

NO PRIOR ASSIGNMENTS
Brenden Perez represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Brenden Perez, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
277
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Brenden Perez Chuck Reynolds, Mayor
278
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN SHEA SHULL AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Shea Shull and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On January 10, 2022, Shea Shull was hired by the CITY. Shea Shull is currently ranked as a Fire Fighter for the CITY’s Fire Department.

2. Shea Shull is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Shull’s Section 457 deferred compensation plan. The CITY shall make this payment to Shull no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Shea Shull hereby releases, acquits, and forever discharges the CITY, its past and present Shea Shull’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Shea Shull’s Claims, which Shea Shull now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Shea Shull’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
279
Item 6.

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Shea Shull acknowledges that Shea Shull has read all of this AGREEMENT, including the above Civil Code section, and that Shea Shull fully understands both the AGREEMENT and the Civil Code section. Shea Shull waives any benefits and rights granted to Shea Shull pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Shea Shull acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Shea Shull was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Shea Shull further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Shea Shull ii. Shea Shull is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Shea Shull is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Shea Shull has been advised that he should consult with an attorney prior to executing this Agreement
vi. Shea Shull is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel 280
Item 6.
vii. Shea Shull has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this sevenday period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Shea Shull agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds.

Shea Shull agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Shea Shull and his counsel.

NO PRIOR ASSIGNMENTS
Shea Shull represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Shea Shull, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
281
Item 6.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Shea Shull Chuck Reynolds, Mayor
282
Item 6.

SETTLEMENT AGREEMENT AND RELEASE BETWEEN NIKOLYA GORKAVCHUK AND CITY OF

OROVILLE
PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Nikolya Gorkavchuk and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On January 10, 2022, Nikolya Gorkavchuk was hired by the CITY. Nikolya Gorkavchuk is currently ranked as a Fire Fighter for the CITY’s Fire Department.

2. Nikolya Gorkavchuk is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Gorkavchuk’s Section 457 deferred compensation plan. The CITY shall make this payment to Gorkavchuk no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Nikolya Gorkavchuk hereby releases, acquits, and forever discharges the CITY, its past and present Nikolya Gorkavchuk’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Nikolya Gorkavchuk’s Claims, which Nikolya Gorkavchuk now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Nikolya Gorkavchuk’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT
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TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE

RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Nikolya Gorkavchuk acknowledges that Nikolya Gorkavchuk has read all of this AGREEMENT, including the above Civil Code section, and that Nikolya Gorkavchuk fully understands both the AGREEMENT and the Civil Code section. Nikolya Gorkavchuk waives any benefits and rights granted to Nikolya Gorkavchuk pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Nikolya Gorkavchuk acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Nikolya Gorkavchuk was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA.

Nikolya Gorkavchuk further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Nikolya Gorkavchuk ii. Nikolya Gorkavchuk is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Nikolya Gorkavchuk is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Nikolya Gorkavchuk has been advised that he should consult with an attorney prior to executing this Agreement
vi. Nikolya Gorkavchuk is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to 284
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review and consider this Agreement or to engage in further discussions with legal counsel
vii. Nikolya Gorkavchuk has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and
viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Nikolya Gorkavchuk agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Nikolya Gorkavchuk agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Nikolya Gorkavchuk and his counsel.

NO PRIOR ASSIGNMENTS
Nikolya Gorkavchuk represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Nikolya Gorkavchuk, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
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Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.

NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Nikolya Gorkavchuk Chuck Reynolds, Mayor
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SETTLEMENT AGREEMENT AND RELEASE BETWEEN NOAH POBLANO AND CITY OF OROVILLE PARTIES:

The parties to this Settlement Agreement and Mutual General Release (the “AGREEMENT”) are Noah Poblano and the City Oroville Fire Department (“CITY”) (collectively “Parties”).

RECITALS:

1. On January 10, 2022, Noah Poblano was hired by the CITY. Noah Poblano is currently ranked as a Fire Fighter for the CITY’s Fire Department.

2. Noah Poblano is a current member of the CITY and is a member of the Oroville Firefighters Association (“OFFA”).

3. The CITY and the OFFA have reached a tentative agreement to meet and confer in good faith with regards to OFFA’s transition from CITY service employment to service employment by the State of California, Department of Forestry and Fire Protection (“CAL FIRE”), whereby the CITY and OFFA agreed to negotiated terms and conditions which shall be applicable to the transition of CITY Fire Department to CAL FIRE.

4. Upon transition, the CITY will make a one-time, lump sum pre-tax contribution of $8,434.00 to Poblano’s Section 457 deferred compensation plan. The CITY shall make this payment to Poblano no later than July 15, 2022.

RELEASES AND WAIVERS
In exchange for the promises set forth herein, Noah Poblano hereby releases, acquits, and forever discharges the CITY, its past and present Noah Poblano’s, agents, officers, representatives, insurers, and attorneys, from any and all grievances, claims, charges, complaints, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected Noah Poblano’s Claims, which Noah Poblano now has or may acquire in the future, which relate to or arise out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred, or was in effect at any time up to and including the Effective Date of this Agreement, without regard to whether Noah Poblano’s Claims arise under federal, state or local constitutions, statutes, rules, regulations, or common law.

CIVIL CODE SECTION 1542 WAIVER
The Parties each hereby waive any and all rights that they may have pursuant to California Civil Code section 1542, which reads as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT

TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
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RELEASE, AND THAT IF KNOWN BY HIS, WOULD HAVE

MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR
RELEASED PARTY.

Noah Poblano acknowledges that Noah Poblano has read all of this AGREEMENT, including the above Civil Code section, and that Noah Poblano fully understands both the AGREEMENT and the Civil Code section. Noah Poblano waives any benefits and rights granted to Noah Poblano pursuant to Civil Code section 1542.

AGE DISCRIMINATION WAIVER AND RELEASE
The Age Discrimination in Employment Act of 1967 (“ADEA”) makes it unlawful for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty or older. The Older Workers Benefit Protection Act (“OWBPA”) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, Noah Poblano acknowledges that he is knowingly and voluntarily, for just consideration in addition to anything of value to which Noah Poblano was already entitled, waiving and releasing any rights that he may have under the ADEA and/or OWBPA. Noah Poblano further acknowledges that he has been advised and understands and agrees, pursuant to the provisions of the ADEA and OWBPA, that:
i. This waiver/release is written in a manner understood by Noah Poblano ii. Noah Poblano is aware of and has been advised of his rights under the ADEA and OWBPA, and of the legal significance of his waiver of any possible claims that [he/he] currently may have under the ADEA, OWBPA, or similar age discrimination laws;
iii. Noah Poblano is entitled to a reasonable time of at least 21 days within which to review and consider this Agreement, and the waiver and release of any rights that he may have under the ADEA, the OWBPA, or similar age discrimination laws, but he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 days;
iv. The waivers and releases set forth in this Agreement shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the Effective Date of this Agreement
v. Noah Poblano has been advised that he should consult with an attorney prior to executing this Agreement
vi. Noah Poblano is aware of his right to discuss this waiver and release with legal counsel, and agrees that he does not need any additional time within which to review and consider this Agreement or to engage in further discussions with legal counsel
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vii. Noah Poblano has seven days following the Parties’ full and complete execution of this Agreement to revoke this Agreement in writing (the date of expiration of this seven-day period shall be referred to herein as the “Effective Date”); and viii. This Agreement shall not be effective until the Effective Date.

MISCELLANEOUS

NO REPRESENTATION OF TAX LIABILITIES
No Party, including the attorneys for any Party, has made any representations or warranties regarding whether the Settlement Proceeds are subject to taxation. The CITY does not bear any responsibility for tax liability that may arise as a result of the Settlement Proceeds. Noah Poblano agrees to assume any responsibility for payment of taxes for any of the Settlement Proceeds. Noah Poblano agrees to indemnify and hold the CITY and all RELEASEES harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement. Plaintiff and his counsel each agree to be jointly and severally liable for indemnifying and holding CITY, its agents, attorneys and assigns, harmless from any and all tax liability which may become due as a result of the Settlement Proceeds under this Agreement and/or for any liability that may be incurred as a result of any dispute over payment of the Settlement Proceeds arising between Noah Poblano and his counsel.

NO PRIOR ASSIGNMENTS
Noah Poblano represents that he has not assigned or transferred, or purported to assign or transfer, to any person or entity, any claim or any portion thereof or interest therein against the CITY.

ENFORCEMENT
This Agreement is made and entered into in the State of California, and shall be governed, interpreted, and enforced under the laws of the State of California. The Parties agree that jurisdiction and/or venue of any action involving the validity, interpretation, or enforcement of this Agreement or any of its terms, provisions, or obligations, or claiming breach thereof, shall exist exclusively in a court or government agency located within the County of Noah Poblano, State of California. The Parties further agree that this Agreement may be used as evidence in any subsequent proceeding in which any of the Parties allege a breach of this Agreement or seek to enforce its terms, conditions, provisions, or obligations.

COVENANT TO EFFECTUATE AGREEMENT
Each Party hereto agrees to do all things and execute and deliver all instruments and documents necessary to fulfill and effect the provisions of this Agreement and to protect the respective rights of the Parties to this Agreement.
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NO DURESS OR UNDUE INFLUENCE
The Parties represent and agree that they have carefully read and fully understand all of the provisions of this Agreement, and that they are voluntarily, without any duress or undue influence on the part of or on behalf of any Party, entering into this Agreement.

SEVERABILITY
In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect Execution of Counterparts.

COUNTERPARTS
This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

SIGNATURES
The undersigned acknowledge and agree to the terms of this Settlement Agreement and Mutual General Release:
__________________________ __________________________
Noah Poblano Chuck Reynolds, Mayor
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