Oroville City Council
September 6, 2022

September 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
September 06, 2022

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

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

To View the Meeting:

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

2. Watch via Zoom
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Passcode: 67684553

3. Listen via Telephone
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Meeting ID: 968 7031 9529
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To Provide Comment to the Council:

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

2. Attend the meeting in person.

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

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

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

CALL TO ORDER / ROLL CALL
Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
1 September 06, 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 54957(b), the Council will meet with the City Administrator and the Personnel Officer related to the following positions: Police Chief and Deputy City Clerk

2. 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 – Two cases.

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

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. Art Wall Presentation by the Rainforest Art Project
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 - 7 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. SECOND READING OF THE CALPERS ORDINANCE TO AMEND THE CALPERS

CONTRACT TO END SHARING ADDITIONAL COSTS FOR UNREPRESENTED

EMPLOYEES
The Council shall conduct a second reading of the CalPERS Ordinance to amend the California Public Employees’ Retirement System (CalPERS) contract to end employees cost sharing for the Unrepresented Employee Unit.

RECOMMENDATION
Waive the second reading, and adopt by title only, Ordinance No. 1868 – AN ORDINANCE OF

THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA, AUTHORIZING AN

AMENDMENT TO THE AGREEMENT BETWEEN THE OROVILLE CITY COUNCIL OF THE

CITY OF OROVILLE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM.
2 September 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

2. TASK ORDER #5 - CONVENTION CENTER EXTERIOR ACCESS
The Council may consider directing Staff to issue Task Order #5 (TO #5) to W Gilbert Engineering to provide surveying, design, and bid documents for the improvement of exterior access at the Convention Center.

RECOMMENDATION
Staff recommends that the City Administrator be authorized to issue the subject Task Order to W Gilbert Engineering.

3. CONSIDER AND APPROVE RFP FOR CITYWIDE COMPENSATION STUDY The City council shall consider approving the attached request for proposals for a citywide compensation study.

RECOMMENDATION
Consider approving a citywide compensation study and give authority to release a request for proposals.

4. CONSIDER AND APPROVE A JOB DESCRIPTIONS FOR AIRPORT MANAGER, POLICE

RECORDS SUPERVISOR AND ADMINISTRATIVE INTERN
The City Council will consider and adopt job descriptions for Airport Manager, Police Records Supervisor and Clerical Intern and approve recruiting for the positions.

RECOMMENDATION
Approve the attached job descriptions for Airport Manager. Police Records Supervisor and Administrative Intern and approve recruiting for the positions.

5. PURCHASE OF (1) VACTOR 2100 TRUCK FOR THE SEWER DIVISION The Council may receive information regarding the purchase of, (1) Vactor 2100 truck for the Sewer Division in the amount of $474,682.46.

RECOMMENDATION
For informational purposes only as this item was approved in the 2022/2023 Fiscal Year budget.

6. PURCHASE OF ADDITIONAL VEHICLE LIFT FOR FLEET MAINTENANCE DIVISION Council many consider and approve the purchase of a “2 post” automotive lift apparatus to aid in efficiency of repairs to city fleet equipment in the amount of $27,811.04.

RECOMMENDATION
Approve the $27,811.04 expenditure for the addition of a new “2 post” lift including installation to aid it efficient repairs from the funds listed above.
3 September 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5

7. OROVILLE CHAMBER OF COMMERCE ANNUAL BBQ
The Council will consider the authorization for the purchase of a sponsor table at the 2022 Annual Oroville Area Chamber of Commerce Barbeque to be held on September 8, 2022

RECOMMENDATION
Authorize Staff to purchase of 2 tables for the city at the 2022 Annual Chamber Barbeque

REGULAR BUSINESS

8. ADD FUNDS TO AGREEMENT FOR PROFESSIONAL SERVICES WITH JENNIFER ARBUCKLE CONSULTING FOR FISCAL YEAR 2022/2023
The Council may consider adding funds to the professional services agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance.

RECOMMENDATION
The Council may consider adding funds to the professional services agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance in an amount not to exceed $9,500 per month through Fiscal Year 22/23.

9. PURCHASE OF (2) TRUNARC TESTING DEVICES
The Council will consider authorizing the Police Department to purchase two (2) TruNarc handheld narcotic analyzers with one year warranty and training for $51,490.09.

RECOMMENDATION
Authorize the purchase of two (2) TruNarc handheld narcotic analyzers with one year warranty and training.

10. PURCHASE OF 50 APX8500 PORTABLE VEHICLE RADIOS, AND EQUIPMENT PLUS

SOFTWARE TO ENCRYPT RADIOS TO MEET CURRENT DOJ REQUIREMENTS The Council will consider authorizing the purchase of 50-APX8500 vehicle radios, and equipment plus the software to encrypt the radios to meet current Department of Justice requirements, in an amount not to exceed $571,245.10

RECOMMENDATION
Authorize the Police Department to purchase 50 APX8500 Motorola radios and all necessary equipment and software for radios, in an amount not to exceed $571,245.10, as outlined in the attached quotes.

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports

4. Correspondence - None
4 September 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on September 20, 2022 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 ADMINISTRATION Page 1 09/06/2022

OROVILLE CITY COUNCIL

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: LIZ EHRENSTROM, HUMAN RESOURCE MANAGER
RE: SECOND READING OF THE CALPERS ORDINANCE TO

AMEND THE CALPERS CONTRACT TO END SHARING

ADDITIONAL COSTS FOR UNREPRESENTED EMPLOYEES
DATE: SEPTEMBER 6, 2022

SUMMARY
The Council shall conduct a second reading of the CalPERS Ordinance to amend the California Public Employees’ Retirement System (CalPERS) contract to end employees cost sharing for the Unrepresented Employee Unit.

DISCUSSION
The first reading of the Ordinance was presented at the August 16, 2022, regular scheduled council meeting. The second reading must be conducted no sooner than 20 days after the first reading. Once the CalPERS amendment is complete, miscellaneous members will pay their normal 7%-member contribution and safety members will pay their normal 9%-member contribution.

The Council will hold a public hearing for the first reading of the Ordinance to amend the contract. Staff recommends approving the Resolution and the Ordinance.

FISCAL IMPACT

RECOMMENDATIONS
Waive the second reading, and adopt by title only, Ordinance No. 1868 – AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OROVILLE,

CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE AGREEMENT

BETWEEN THE OROVILLE CITY COUNCIL OF THE CITY OF OROVILLE AND

THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES’ RETIREMENT SYSTEM.

ATTACHMENTS
6 Item 1.

ADMINISTRATION Page 2 09/06/2022
A – Ordinance No. 1868
B - Amendment to Contract Exhibit
7 Item 1.

CITY OF OROVILLE
ORDINANCE NO. __1868__
An Ordinance of the ___________________Oroville City Council__________________________________________ of the (Name of Governing Body)
__________________________City of Oroville________________________________________ authorizing an amendment (Name of Public Agency)
to the contract between the _____________ Oroville City Council_______________________________________ of the (Name of Governing Body)
_______________________________________________ City of Oroville__________________________________________ and the (Name of Public Agency)
Board of Administration of the California Public Employees' Retirement System.

The ___________________________________ Oroville City Council___________________________________________ of the (Name of Governing Body)
___________________________ City of Oroville____________________________________________ does ordain as follows:
(Name of Public Agency)
Section 1.

That an amendment to the contract between the ______________ Oroville City Council_____________________ (Name of Governing Body)
of the _______________________________________ City of Oroville_______________________________________________ (Name of Public Agency)
and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made a part hereof as though herein set out in full.

Section 2.

The ___________Mayor____________________________ of the ____________ Oroville City Council__________________ (Title of Presiding Officer) (Name of Governing Body)
is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.

Section 3.

This Ordinance shall take effect __30_ days after the date of its adoption, and prior to the expiration of _____10_____ days from the passage thereof shall be published at least ___once___ in the __________Oroville Mercury Register___________________________, a newspaper of general circulation, (Name of Newspaper)
published and circulated in the_____________City of Oroville__________________________ and thenceforth and (Name of City or County)
thereafter the same shall be in full force and effect.

Adopted and approved this ______6th____________ day of September, ___2022__. _________________________________________
Mayor Reynolds, Presiding Officer
Attest:
_______________________________
Bill LaGrone, City Clerk
PERS-CON-11A (Rev. 8/1/2016) (Amendment)
8 Item 1.

A
CalPERS

EXHIBIT
California
Public Employees' Retirement System
--=-;;;;;;;;;;;;a;:•----

AMENDMENTTOCONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of Oroville
----•----
The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective January 1, 1961, and witnessed October 3, 1960, and as amended effective October 1, 1968, October 1, 1973, December 27, 1976, January 5, 1977, April 16, 1979, March 3, 1980, May 25, 1981, August 1, 1983, January 6, 1992, July 1, 1993, April 24, 1995, September 22, 1995, September 6, 1999, December 25, 2000, April 29, 2002, August 14, 2017, December 18, 2017, and April 23, 2018, which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows:

A. Paragraphs 1 through 15 are hereby stricken from said contract as executed effective April 23, 2018, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive:

1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 55 for classic local miscellaneous members, age 62 for new local miscellaneous members, age 50 for classic local safety members, and age 57 for new local safety members.
9 Item 1.

2. Public Agency shall participate in the Public Employees' Retirement System from and after January 1, 1961, making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency.

3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CalPERS) and its trustees, agents and employees, the CalPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their
representatives) which relates to Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees' existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than CalPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law.

4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members).
10 Item 1.

5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System:

NO ADDITIONAL EXCLUSIONS

6. The percentage of final compensation to be provided for each year of credited prior and current service for classic local miscellaneous members shall be determined in accordance with Section 21354 of said Retirement Law, subject to the reduction provided therein for service prior to March 31, 1979, termination of Social Security, for members whose service has been included in Federal Social Security (2% at age 55 Full and Modified).

7. The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).

8. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full).

9. The percentage of final compensation to be provided for each year of credited prior and current service as a new local safety member shall be determined in accordance with Section 7522.25(d) of said Retirement Law (2.7% at age 57 Full).

10. Public Agency elected and elects to be subject to the following optional provisions:
a. Section 21222.1 (One-Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980.
b. Section 21319 (One-Time 15% Increase for Local Miscellaneous Members Who Retired or Died Prior to July 1, 1971 ). Legislation repealed said Section effective January 1 , 2002.
c. Section 20020.1 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972, and who elected to be local safety members within six months of January 5, 1977). Legislation repealed said Section effective January 1, 1985.
d. Section 21151 (Industrial Disability Retirement For Local Miscellaneous Members).
11 Item 1.
e. Sections 21624 and 21626 (Post-Retirement Survivor Allowance). f. Section 21427 (Improved Nonindustrial Disability Allowance). g. Section 21574 (Fourth Level of 1959 Survivor Benefits). h. Section 21325 (One-Time 3% to 15% Increase For Local Miscellaneous Members and Local Safety Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002.
i. Section 21326 (One-Time 1% to 7% Increase For Local
Miscellaneous Members and Local Safety Members Who Retired or Died Prior to July 1, 1974). Legislation repealed said Section effective January 1, 2002.
j
. Section 20042 (One-Year Final Compensation) for classic members only.
k. Section 20903 (Two Years Additional Service Credit).

I. Section 21024 (Military Service Credit as Public Service) for local police members only.
m. Section 20965 (Credit for Unused Sick Leave).
n. Section 20516 (Employees Sharing Additional Cost):

From and after August 14, 2017, and until the effective date of this amendment to contract, 5% for classic local miscellaneous members in the Unrepresented Miscellaneous Management Unit.

From and after August 14, 2017, and until the effective date of this amendment to contract, 3% for classic local safety members in the Unrepresented Safety Management Unit.

From and after December 18, 2017, 3% for local miscellaneous members in the Oroville Police Officers' Association.

From and after December 18, 2017, 3% for local police members in the Oroville Police Officers' Association.

From and after April 23, 2018, 11.4% for local fire members in the Oroville Firefighter's Association.
12 Item 1.

The portion of the employer's contribution that the member agrees to contribute from his or her compensation, over and above the member's normal contribution ("Cost Sharing Percentage"), shall not exceed the Employer Normal Cost Rate, as that rate is defined in the Cal PERS Actuarial Valuation for the relevant fiscal year. If the Cost Sharing Percentage will exceed the relevant Employer Normal Cost Rate, the Cost Sharing Percentage shall automatically be reduced to an amount equal to, and not to exceed, the Employer Normal Cost Rate for the relevant fiscal year.

11. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on December 27, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834.

12. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System.

13. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

14. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.
13 Item 1.

15. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board .
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BOARD OF<iDMINISTRATION
PUBLIC EM�l,:<?YEES' RETIREMENT SYSTEM
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MELODY BENAVIDES, CHIEF

PENSION CONTRACTS AND PREFUNDING
PROGRAMS DIVISl6N
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14 Item 1.

CITY OF OROVILLE

STAFF REPORT
TO: HONORABLE MAYOR AND MEMBERS OF THE COUNCIL
FROM: MATT THOMPSON, ACTING CITY ENGINEER
RE: TASK ORDER #5 – CONVENTION CENTER EXTERIOR ACCESS
DATE: AUGUST 16, 2022

SUMMARY
The Council may consider directing Staff to issue Task Order #5 (TO #5) to W Gilbert Engineering to provide surveying, design, and bid documents for the improvement of exterior access at the Convention Center.

DISCUSSION
Access into the Convention Center does not meet current American with Disabilities Act (ADA) standards. Staff is developing a capital project to bring access into compliance. The City currently has Streamside Engineering under contract to design and prepare contract documents for the building itself. Staff proposes to issue TO #5 to W. Gilbert Engineer to provide surveying, design, and bid documents for the improvement of exterior access.

FISCAL IMPACT
Per the attached proposal W. Gilbert Engineering will provide their services for $7,000.00. To come from the General Fund – Public Works, Admin. 2901-6360.

RECOMMENDATION
Staff recommends that the City Administrator be authorized to issue the subject Task Order to W Gilbert Engineering.

ATTACHMENTS
TO #5
15 Item 2.

W. GILBERT ENGINEERING
Civil Engineering / Land Surveying
140 Yellowstone Drive, Suite 110 • Chico, CA 95973
Phone: (530) 809-1315 • Fax: (530) 267-3651
www.wgilberlengineering.com
January 20, 2022
City of Oroville
Public Works Department
1735 Montgomery Street
Oroville, CA 95965
Attn:

Subject:

Dear Dawn:

Dawn Nevers, Assistant Community Development Director
Proposal for Professional Services, Oroville Convention Center W Gilbert Engineering (WGE) is pleased to present you with this proposal for professional services to the Oroville Convention Center improvements.

Upon receipt of a signed task order, WGE will provide the following scope of work:

Task A-Topographic Survey and Mapping:

Using conventional surveying techniques, WGE will perform topographic surveys of the project site as directed by Jeff Richelieu, Streamline Engineering, and prepare a topographic survey map for use in preparing improvement plans.

Task B - Improvement Plans
Based on the plans prepared by Streamline Engineering, WGE will prepare improvement plans for the street frontage and site as proposed by Streamline.

Task C - Bid Documents
WGE will prepare special provisions, quantity estimates and engineer's estimate for the proposed improvements to be included in the bid documents for the project.

P:\04 Proposals\00 2022 Proposals\2022-0018 Oroville Convention Center\Updated Professional Services Proposal 012722.docx

16 Item 2.

Compensation:

Compensation for services described above will be billed hourly not to exceed the following amounts:

Task A - Topographic Survey and Mapping................................$1,500.00 Task B - Improvement Plans $3,000.00
Task C - Bid Documents $2,500.00
Total $7,000.00
We appreciate the opportunity to submit this proposal and look forward to working with you.

Sincerely,
Wesley.Gilbert, P.E.

President, W.G. Civil Engineers, Inc.
dba W. Gilbert Engineering
Attachment: Fee Schedule
P:\04 Proposals\00 2022 Proposals\2022-0018 Oroville Convention Center\Updated Professional Services Proposal 012722.docx

17 Item 2.

Client Initials _________
Consultant Initials _______ _

FEE SCHEDULE
January 1, 2022, through December 31, 2022
Principal $140.00/hour
Assistant Engineer $120.00/hour
Engineering Tech III $90.00/hour
Engineering Tech II $75.00/hour
Engineering Tech I $65.00/hour
Clerical $50.00/hour
Survey Crew w/ Truck & Total Station $155.00/hour
Survey Crew w/Truck & Total Station (Prevailing Wage Rate) $260.00/hour SWPPP Inspections, Monitoring, Sampling $65.00/hour
Mileage within Butte County No cost
Mileage outside Butte County $0.75/mile
Other Expenses (lodging, meals, photos, postage, data
Acquisition, sub-consultants, etc) At Cost
Bond Copies:
8-1/2” by 11” $0.10 each
11” by 17” $0.20 each
18” by 26” $1.00 each
24” by 36” $1.50 each
30” by 42” $2.20 each
36” by 48” $3.00 each
Anything larger $0.45/sf
Color Copies:
20# - 24# Bond $3.50/sf
Mylar/Vellum Copies:

Vellum $0.90/sf
4 mil dbl Matte film $3.00/sf
18 Item 2.

CITY OF OROVILLE

STAFF REPORT
TO: OROVILLE CITY COUNCIL
FROM: LIZ EHRENSTROM, HUMAN RESOURCE MANAGER
RE: CONSIDER AND APPROVE RFP FOR CITYWIDE COMPENSATION
STUDY
DATE: SEPTEMBER 6, 2022

SUMMARY
The City council shall consider approving the attached request for proposals for a citywide compensation study.

DISCUSSION
Staff would like to proceed with a citywide compensation study to compare the City’s current salaries and benefits to other cities similar in population, growth, budget, and other pertinent factors, to be determined by the consultant. Due to the unexpected rapidly rising cost of wages and benefits, staff would like to conduct a citywide compensation study to determine where our wages and benefits are compared to other agencies similar to Oroville or within our geographical recruiting area.

Staff recommends that certain parameters surround the compensation study, such as:

1. Outside Compensation Study – study would incorporate benchmark positions within the City of Oroville, not all positions.

2. Internal Equity Study – consultant would take results from outside compensation study and fit all other city positions within the compensation structure.

3. Create a 2–3-year plan to correct deficiencies.

4. A salary hold on all positions above market value until all city positions are at market value or above.

5. A salary hold on all positions at market value, but give COLA increases to these positions to keep at market value.

6. Salary increases, over a 2–3-year period, to bring only those positions below market value to market value.
19 Item 3.

FISCAL IMPACT
No cost at this time for requesting proposals.

RECOMMENDATION
Consider approving a citywide compensation study and give authority to release a request for proposals.

ATTACHMENTS
Draft Request for Proposals
List of Classifications
Consultant Insurance Requirements
20 Item 3.

REQUEST FOR PROPOSAL

COMPREHENSIVE COMPENSATION STUDY FOR THE CITY OF OROVILLE I. INTENT
The City of Oroville is soliciting proposals from qualified consultant(s), firms, and individuals to conduct a citywide comprehensive compensation study.

II. INTRODUCTION
The City of Oroville is located in the north end of the Sacramento Valley. The City is 17 square miles and has a population of approximately 20,000.

The City currently employs approximately 132 full-time and part-time employees, with approximately 56 classifications. A significant number of the classifications are single position (42). This includes one (1) City Administrator and four (4) Department Heads.

The City has not completed a full compensation study since 2017 and has a Tier 1, 7-step pay plan with 5% between steps and a Tier 2 15-step pay plan with

2.5% between steps; however, we just suspended Tier 2 and moved all Tier 2 employee to Tier 1 for retention purposes.

III. OBJECTIVES
Specifically, the City of Oroville is interested in an end product that will include updated wages and benefits, internal structure equity and recommendations to update the City’s current compensation structure.

IV. SCOPE OF AGREEMENT
The City is seeking a highly qualified and experienced consultant(s), firm, or individual to assist in this comprehensive compensation study for approximately 56 classifications, with the majority being single positions.

Benchmarking
The selected consultant(s), firm or individual will review and establish benchmark classifications to be used in conducting the compensation analysis. The criteria for benchmarking positions are as follows:

1. They should be reasonably well known, and clearly and concisely described.

2. They should have a clear and identifiable relationship to other classes in their occupational group.
21 Item 3.

3. They should be representative of the various functional areas within the agency.

4. They should be representative of the various pay levels within the agency.

5. They should, if possible, be the large population classes within the agency.

6. They should be common classes so that “matches” may be readily found in other agencies in order that sufficient compensation data can be gathered.

After selecting the benchmark positions, the consultant(s), firm, or individual will identify and develop external compensation comparison agencies, as appropriate for the purpose of establishing salary comparisons for all benchmark positions.

The selected consultant(s), firm, or individual will include most if not all of the following criteria when selecting the comparison cities: size, population, budget, revenues, expenditures, number of employees, and like services, or other important criteria deemed necessary by the Consultant.

The consultant(s), firm, or individual shall provide external salary and compensation analysis and ranking data based on appropriate compensation for benchmark classifications.

In addition, the selected consultant(s), firm, or individual shall review the City’s internal compensation structure and develop a revised internal salary relationship that is consistent, uniform, and realistic in order to ensure the proper salary correlation between each classification.

The selected consultant(s), firm, or individual shall develop salary recommendations based on internal salary relationships and external compensation comparisons.

Also, the selected consultant(s), firm, or individual shall prepare implementation and maintenance manuals including costs associated with implementation of recommendations.

V. PRODUCT
The consultant(s), firm, or individual shall allow for four (4) drafts of the report, a concept draft, full compensation draft, draft final and final report. The methodology, findings, recommendations, and implementation plan contained in the final draft reports shall be reviewed in person at the City of Oroville’s Human Resource Department in Oroville, California.

Sufficient copies of the draft reports shall be provided to the City by the Consultant prior to the review meeting. Consultant shall present the draft final report to: City of Oroville, Attn. Personnel Dept., 1735 Montgomery St., Oroville, CA 95965. 22 Item 3.

The final report describes the study’s purpose, methodology, findings, recommendations, and implementation plan and shall be presented to the City Council at a regular public meeting of the City of Oroville.

A minimum of five (5) copies of the final report shall be provided to the City in addition the report shall also be provided on a USB stick drive.

VI. SCHEDULE
The City and the consultant(s), firm, or individual shall mutually agree upon a date of completion.

VII. PROPOSAL FORMAT
In order to qualify for consideration, proposals must address all of the following points:

1. A brief description of the consultant(s), firm, or individual and a statement of qualification for performing the requested services.

2. Provide proposed approach for coordinating compensation comparison using internal relationships and external compensation methodology, including study objectives, end product, steps, and procedures.

3. A summary of the consultant’s prior experience with similar projects. This section should include specific and detailed descriptions of similar projects performed previously, project results, client name and year completed. This summary should demonstrate a thorough understanding of public personnel management from which similar studies have been successfully performed. References shall include names, addresses, phone numbers and a brief description of the project activities and date completed.

4. A proposed work plan and time schedule describing sequential tasks proposed for the conduct of the study and identifying appropriate points for progress reviews with the City.

5. A task chart showing the allocation of time for various project tasks.

6. A summary of the professional qualifications of each consultant team member, including length of service with firm and a brief resume.

7. An organizational chart depicting the project team members proposed by the firm, the roles, and responsibilities of each, including the Project Manager.

8. A section discussing the cost for the study, identifying costs for each task included in the work plan, as well as a total project amount, with a “not to exceed” amount. (Costs should include all expenses to include travel, lodging, food, etc.)

9. A section describing and recommending ways to reduce costs of the proposal, such as what task could be eliminated, scaled back, or performed by city staff, if necessary.
23 Item 3.

VIII. ASSURANCE OF STABLE DESIGNATED PROJECT TEAM
The selected Consultant shall assign employees to a designated project team for the duration of this project. In order to assure that the designated project team is used for the project, the City shall have an unconditional right of refusal for any departure or reassignment of, or substitution for, any member of the designated project team so long as designated team members maintain their present employment status.

IX. PROPOSAL SUBMITTAL

1. Five (5) copies of the proposal shall be sent to the City of Oroville, Personnel Department, 1735 Montgomery St., Oroville, CA 95965 no later than 5:00 PM on Thursday, ___________.

2. All proposals shall be submitted in a sealed envelope, clearly marked with the title of the proposal.

3. Late proposals may be rejected at the sole discretion of the City of Oroville.

4. All proposals, whether selected or rejected, shall become the property of the City of Oroville.

5. Cost of proposal preparation shall be borne by those preparing the proposals.

6. Proposals shall be signed by the authorized consultant representative in order to receive consideration.

7. The City will not be responsible for proposals delivered to a person/location other than specified herein.

X. SELECTION PROCESS
Written proposals will be screened by the City Council, City Administrator, and/or the Human Resource Manager. The consultant with the most highly rated proposal, in the sole opinion of the City Council and City Administrator may be invited in for an interview.

The proposed project manager will represent the consultant at the interviews.

Negotiations will commence with the selected consultant(s) regarding the terms, conditions and amount charged. Upon acceptance by the governing body, the City will award the contract.

The City reserves the right to award a contract to the consultant(s) that presents the proposal which at the sole approval of the Council, best accomplished the desired results.

The City of Oroville reserves the right to reject any or all proposals, to waive minor irregularities, or to negotiate changes with the successful consultant(s). 24 Item 3.

XI. EVALUATION CRITERIA
The selection of the most highly qualified consultant(s) will be based upon the following criteria:

1. Methodology and Work Plan.

2. Direct Experience of Project Team and Consultant, including reference checks.

3. Completeness of Proposal Submitted.

4. Total Cost of Project.

XII. CONFLICT OF INTEREST
Consultant(s) warrant and covenant that no official or employee of the City, nor any business entity in which an official of the City has an interest, has been employed or retained to solicit or aide in the procuring of the resulting contracts nor that any such person will be employed in the performance of such contract without immediate divulgence of such fact to the City.

XIII. INDEMNIFICATION AND INSURANCE
The Indemnification clause in the enclosed agreement will be applicable to the agreement that may be awarded at the conclusion of the selection process.

The City of Oroville’s insurance requirements for professional service contracts are attached as Appendix B that will be incorporated in the resultant agreement.

IXX. INQUIRIES
Direct all inquiries regarding the Request For Proposals process, proposal submission, objectives, product, or scope of work to:

Liz Ehrenstrom, Human Resource Manager
City of Oroville
1735 Montgomery St.

Oroville, CA 95965
[email protected]
(530) 538-2407
25 Item 3.

Administration Finance Department
City Administrator Director of Finance
Deputy City Clerk Accounting Analyst
Accounting Technician III
Public Works Department Accounting Technician II
Project Manager/Sr. Civil Engineer Accounting Technician I Associate Civil Engreer
Assistant Civil Engineer IT Department
Public Works Manager Information Technology Manager
Building Official IT Analyst
Airport Manager
Signal Tech/Electrician Human Resources
Electrician Apprentice Human Resource/Risk Manager
Construction Inspector HR Analyst
Lead Public Works Operator HR Technician
Public Works Operator III
Public Works Operator II Sewer Department
Public Works Operator I Sewer Division/Fleet Manager
Lead Collection System Operator
Business Assistance & Housing Department Collection System Operator II Director of Business Assistance and Housing Collection System Operator I Admin/Program Analyst II Lead Equipment Mechanic
Program Analyst I Equipment Mechanic
Police Department Parks & Trees Department
Police Chief Lead Tree Worker (Arborist)
Police Lieutenant Parks Maintenance Technician II
Police Sergeant Parks Maintenance Technician I
Police Officer Building Maintenance Technician II
Police Admin. Assistant/Dispatch Supervisor Cultural Facilities Curator Police Dispatcher
Municipal Law Enforcement Officer (CSO) Clerical Staff
Police Records Techician Supervisor Sr. Administrative Assistant Police Records Techician Administrative Assistant
Staff Assistant
Code Enforcement Department
Director of Code Enforcement
Code Enforcement Technician III
Code Enforcement Technician II
Community Development Department
Director of Community Development
Associate Planner
Assistant Planner
Recycling Coordinator
GIS Specialist
Comm. Devel. Technician III
Comm. Devel. Technician II
Comm. Devel. Technician I
Custodian
26 Item 3.
27 Item 3.

EXHIBIT B

INSURANCE REQUIREMENTS FOR CONSULTANTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees.

Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).

2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code 1 (any auto).

3. Workers’ Compensation insurance as required by the State of California and Employee’s Liability Insurance.

4. Errors and Omissions Liability insurance appropriate to the consultant’s profession.

Minimum Limits of Insurance
Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

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

3. Employer’s Liability: $1,000,000 per claim for bodily injury or disease.

4. Errors and Omissions Liability: $1,000,000 per occurrence.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall provide a financial guarantee 28 Item 3.
satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

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

1. The City, its officers, officials, employees and volunteers are to be covered as additional insured's as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant.

2. For any claims related to this project, the Consultant’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 Consultant’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by first class mail has been given to the City.

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

Acceptability of Insurers
Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City’s forms provided those endorsements conform to City requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 29 Item 3.

CITY OF OROVILLE

STAFF REPORT
TO: OROVILLE CITY COUNCIL
FROM: LIZ EHRENSTROM, HUMAN RESOURCE MANAGER
RE: CONSIDER AND APPROVE A JOB DESCRIPTIONS FOR AIRPORT

MANAGER, POLICE RECORDS SUPERVISOR AND

ADMINISTRATIVE INTERN
DATE: SEPTEMBER 6, 2022

SUMMARY
The City Council will consider and adopt job descriptions for Airport Manager, Police Records Supervisor and Clerical Intern and approve recruiting for the positions.

DISCUSSION
The City Council will consider the adoption of the attached job descriptions for Airport Manager, Police Records Supervisor and Administrative Intern. Staff has worked with employees to create new job descriptions for Airport Manager, Police Records Technician Supervisor and Administrative Intern. The Airport Manager would be in the same salary range as other managers, the Police Records Technician Supervisor’s proposed salary range is below, and the Administrative Intern would make minimum wage.

STEP A STEP B STEP C STEP D STEP E STEP F STEP G
$46,068.45 $48,371.87 $50,790.47 $53,329.99 $55,996.49 $58,796.31 $61,736.13

FISCAL IMPACT
Positions are already budgeted.

RECOMMENDATION
Approve the attached job descriptions for Airport Manager. Police Records Supervisor and Administrative Intern and approve recruiting for the positions.

ATTACHMENTS
Airport Manager
Police Records Supervisor
Administrative Intern
30 Item 4.

CITY OF OROVILLE

AIRPORT MANAGER

DEFINITION
Under general direction, manage, plan, and direct airport operations including maintenance, construction, economic development, marketing, long term planning activities; implement policies and procedures; ensure compliance; perform a wide variety of complex administrative work and problem solving relating to economic and business development, business services, community marketing and development, and general administrative services to strengthen, expand, and improve airport business activity. Develop programs and strategies to market commercial air service, general aviation, aeronautical firefighting activities, and overall business relations to maximize Oroville Municipal Airport as a municipal enterprise.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Director of Community Development.

EXAMPLES OF ESSENTIAL FUNCTIONS - Essential functions may include, but are not limited to, the following:
• Plan, manage, direct, and participate in all airport activities; maintain records, gather data, generate reports; supervise and evaluate assigned personnel; and coordinate with other City departments*;
• Assist in the development of policies and procedures, and oversee and enforce them to ensure the airport is operated and maintained in accordance with Federal, State, and local rules and regulations as well as accepted industry standards*; • Coordinate with City Fire Department regarding aircraft rescue and firefighting procedures, equipment, staffing, and training*;
• Provide for a 24-hour, 7-day emergency response; respond to such emergencies and direct activities*;
• Direct and oversee required inspections of airport facilities for safety, compliance, and maintenance*;
• Develop and implement programs related to air service development and other economic development opportunities*;
• Develop and implement strategies for the marketing and promotion of the airport and airport facilities in order to maximize the use of airport property for commercial and industrial purposes*;
• Conduct negotiations and prepare leases, concession agreements, and other contract documents*;
• Manage airport properties; formulate and implement plans for development and improvement of airport aviation and industrial facilities*; • Act as a liaison to airport tenants and new businesses in matters related to airport operations, maintenance, construction, and potential expansion opportunities*; • Develop and monitor the airport operating and capital budgets; review and analyze the activity of assigned revenue and expense accounts; make recommendations regarding budget issues; implement appropriate cost recovery or expense reduction policies to achieve and maintain a balanced budget*;
31 Item 4.

CITY OF OROVILLE
• Directly oversee the preparation of grant applications for Federal and State funding and coordinate the Federal Aviation Administration (FAA), State and City approval processes; administer the grant projects and the Airport Capital Improvement Program (ACIP)*;
• Develop and maintain the airport certification and emergency manuals*; • Develop and implement a security program and maintain associated manual. • Provide primary staff support to the Airport Commission; prepare agendas, attend meetings, and make presentations; attend and present to City Council and other City board or commission meetings as required*;
• Conduct airfield inspections in the absence of Airfield Supervisor*; • Perform other related duties as assigned.
• Maintain compliance with Butte County Air Quality Management for airport fuel farm *Essential Function

MINIMUM QUALIFICATIONS
Education and/or Experience: Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for an Airport Manager. A typical way of obtaining the required qualifications is to possess the equivalent of five years of increasingly responsible experience in airport operations, maintenance, and safety, with knowledge of FAA regulations and grant programs, including two years of administrative and supervisory responsibility.

Five years of increasingly responsible experience in airport administration with knowledge of FAA regulations and grant programs. Experience with operations at a Part 139 Certificated airport. The position requires direct experience in the establishment, implementation, and maintenance of airport facilities, related policies, and procedures, as well as grant and project management. Supervisory management experience at a non-hub primary airport is desirable.

License/Certificate:

Possession and maintenance of a valid driver’s license.

A certificate as an Accredited Airport Executive (A.A.E.) by the American Associate of Airport Executives is highly desirable.

A valid pilot’s license or certificate is desirable.

Knowledge of:

Principles and practices of aviation facility operation and development; familiarity with Federal Aviation Regulations Part 139, FAA Advisory Circulars, Code of Federal Regulations Part 1542 and the California Aeronautics Program regulations, the FAA Airport Improvement Program grant process and grant assurances; functions of economic development; airport master plans; airport land use and zoning regulations; 32 Item 4.

CITY OF OROVILLE
preparation and negotiation of airport leases, contracts, and agreements; aviation practices and terminology; airport certification, security, and emergency manuals; budget development and expenditure control; principles of supervision, administration, and training.

Ability to:

Manage and evaluate the operation of a modern airport facility; develop and implement airport development, marketing, and promotion programs; provide supervision and training to assigned staff; develop and administer airport certification and safety programs; develop and administer lease and other contractual agreements; establish and maintain emergency operating procedures; establish and maintain cooperative working relationships; and communicate clearly and concisely both orally and in writing.

TYPICAL WORKING CONDITIONS
Physical Demands
While performing the duties of this job, the employee is frequently required to sit, talk, and hear. The employee is occasionally required to walk; use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. Specific vision abilities required by this job include close vision and the ability to adjust focus. Hearing abilities required by this job include the ability to distinguish radio transmissions from pilots, air traffic controllers, and public safety operators. The employee must occasionally lift and/or move up to 25 pounds.

Work Environment
The employee occasionally works in outside weather conditions, including exposure to hot temperatures, wind, and wet weather. The noise level is usually quiet in the office and moderate in the field.

This class specification lists the major duties and requirements of the job and is not all-inclusive.

Incumbents may be expected to perform job-related duties other than those contained in this document.
33 Item 4.

CITY OF OROVILLE

POLICE RECORDS TECHNICIAN SUPERVISOR

DEFINITION
Under general direction, to coordinate all police records activities; supervise and schedule staff; keep records; act as key resource for release of public records; liaison with other Police Department units, City departments and outside agencies; encourage customer service by monitoring public contacts and complaints; oversee repairs and operation of telephone, computer, scanning and copying equipment; coordinate and organize clerical work relating to records, licensing, operations and fingerprinting; perform related work as required.

SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the Lieutenant position responsible for the overall management of the Public Safety Communications Division.

Exercises supervision over Police Records Technicians.

EXAMPLES OF ESSENTIAL FUNCTIONS - Essential functions may include, but are not limited to, the following:

Oversees the daily activities of the Public Safety Records Center, ensuring operational efficiency and effectiveness.

Supervises the work and completes performance evaluations for Records Technicians.

Provides for the adequate training of records personnel; develops training procedures and materials.

Ensures staff compliance with the policies and procedures of the records division; Supervises the preparation and maintenance of records and documentation.

Plan and schedule clerical workload and front counter coverage; Receive telephone calls for public safety services;
Identify locations where assistance is requested and determine the appropriate type of assistance required;
Process a wide variety of public safety records, files, logs, reports, and forms; Identify problems and solutions and makes suggestions and recommendations regarding changes in procedure and policy;
Oversee repairs and operation office equipment as required; 34 Item 4.

CITY OF OROVILLE
Performs various administrative duties as required, including but not limited to preparing reports and correspondence, copying, and filing documents, conducting, and attending meetings, etc.

Perform related duties as assigned.

Duties recorded above are representative of the duties of the class and are not intended to cover all the duties performed by incumbent(s) of any particular position. The omission of specific statements of duties does not exclude them from the position if the scope of work is similar, related or a logical assignment to this class; such assignments shall fall under the category of “Perform related duties as assigned .”

MINIMUM QUALIFICATIONS
Knowledge of:

Pertinent federal, state, and local laws, regulations, codes, and ordinances.

Administrative principles involved in implementing and supervising various police programs and related activities.

Principles of supervision and performance evaluation.

Modern office practices and technology, including the use of computers for word and data processing.

Methods of record-keeping and report writing.

English usage, spelling, grammar, and punctuation.

Terminology, codes, and procedures used in police records retention.

The use general office equipment.

Functions of public safety agencies.

Safe work practices.

Ability to:

Read, understand, interpret, apply, and enforce federal, state, and local laws, rules, and regulations.

Plan, organize and prioritize daily assignments and work activities for self and others.

Learn and apply sound supervisory principles and practices; set performance standards; review and evaluate the work of others.

Use sound judgment in reacting quickly, effectively and calmly in emergency situations.

Communicate via telephone in a clear and concise manner. 35 Item 4.

CITY OF OROVILLE
Prepare clear and concise records and reports.

Perform mathematical computations with accuracy.

Communicate clearly and concisely, both orally and in writing.

Establish and maintain effective working relationships with those contacted in the course of work.

Learn and utilize new skills and information to improve job performance and efficiency.

Understand applicable laws, rules and regulations related to law enforcement and public records.

Handle confidential matters with a high degree of discretion Education: High school graduation or equivalent supplemented by specialized training in supervision and public safety record keeping.

Experience: Three years related experience or successful completion of probation as a Police Records Technician for the City of Oroville. Prior supervisory experience is preferred.

Additional Requirement: Possession of a valid California Driver License.

TYPICAL WORKING CONDITIONS
Work is performed in a normal office environment.

TYPICAL PHYSICAL REQUIREMENTS
Requires the ability to sit at desk and intermittently walk, stand, bend, kneel, crouch, twist and reach while performing duties; lift and/or move up to 10 pounds of weight; use hands to type on computer and handle controls. Must be able to maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, reading and writing, and operating office equipment. Must be able to use a telephone and radio to communicate verbally and a keyboard to communicate through written means, to review information and enter/retrieve data, to see and read characters on a computer screen.

This class specification lists the major duties and requirements of the job and is not allinclusive. Incumbents may be expected to perform job-related duties other than those contained in this document.
36 Item 4.

CITY OF OROVILLE
1 ADMINISTRATIVE INTERN

DEFINITION
The purpose of the Administrative Intern is to assist the assigned department with the needs of that department. Performs simple to complex clerical duties and provides office administrative assistance to a department head, supervisor, or their designee.

SUPERVISION RECEIVED AND EXERCISED
Receives general direction from the Department Heads and Managers. This classification has no direct supervisory responsibilities.

EXAMPLES OF ESSENTIAL FUNCTIONS - Essential functions may include, but are not limited to, the following:

Answer phone inquiries, direct calls, and provide basic agency information; Provides professional, courteous customer service at all times; May oversee mail deliveries, packages, and couriers for that department; Performs office support duties to assist in the coordination, processing, and completion of routine clerical operations within assigned department; including scanning and filing; Operates a variety of standard office equipment, which may include computers, printers, copier, fax machine, paper shredder, telephone, postage machine, etc.

Assist in preparing information and research materials; May create and maintain PowerPoint presentations;
May take notes and memos during meetings; type documents, drafts, and reports; sort and manage files;
Manage databases and input information, data, and records; Research and gather documentation as assigned;
Set up, break down, organize, and maintain conference rooms, training rooms, and meeting rooms;
May perform routine record keeping tasks; makes basic calculations and computations, routine tallying and checking and makes notations on records, forms, and files; Attends various meetings and training as required or appropriate; May complete other duties as assigned.
37 Item 4.

CITY OF OROVILLE
2 MINIMUM QUALIFICATIONS
Knowledge of:

Modern office practices and technology, including the use of computers for word and data processing.

Methods of letter writing, record-keeping, and report preparation.

Filing systems and methods.

English usage, spelling, grammar, and punctuation.

Basic business arithmetic.

Ability to:

Perform detailed clerical work accurately.

Learn specialized processes, procedures and office support tasks related to the department to which assigned. Flexible and willing to offer support to other departments.

Use initiative and sound, independent judgment within established guidelines.

Perform work effectively despite frequent interruptions and the pressure of deadlines.

Understand and follow oral and written instructions.

Establish and maintain accurate records and files.

Maintain confidentiality as required.

Safely operate basic office equipment.

Communicate clearly and concisely, both orally and in writing.

Prepare clear and concise reports.

Perform mathematical computations with accuracy.

Establish and maintain effective working relationships with those contacted in the course of work.

Minimum Requirements-Education, Certifications and Licenses High school diploma or equivalent GED certificate or currently enrolled.

Proficient computer skills, including Microsoft Office Suite (Word, PowerPoint, and Excel)
Valid State of California driver's license may be required. 38 Item 4.

CITY OF OROVILLE
3 TYPICAL WORKING CONDITIONS
Work is performed in a normal office environment.

TYPICAL PHYSICAL REQUIREMENTS
Requires the mobility to work in an office environment. Requires the ability to sit at desk for long periods of time and intermittently walk, stand, stoop, kneel, crouch, and reach while performing office duties; use hands to finger, handle or feel objects, tools, or controls; lift and/or move objects and materials of up to 25 pounds in weight. Must be able to maintain effective audio-visual discrimination and perception needed for making observations, communicating with others, reading, and writing, and operating office equipment. Must be able to use a telephone to communicate verbally and a keyboard to communicate through written means, to review information and enter/retrieve data, to see and read characters on a computer screen.

This class specification lists the major duties and requirements of the job and is not all-inclusive. Incumbents may be expected to perform job-related duties other than those contained in this document.
39 Item 4.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSIST. COMMUNITY DEVELOPMENT DIRECTOR RE: PURCHASE OF (1) VACTOR 2100 TRUCK FOR THE SEWER DIVISION DATE: SPETEMBER 6, 2022

SUMMARY
The Council may receive information regarding the purchase of, (1) Vactor 2100 truck for the Sewer Division in the amount of $474,682.46.

DISCUSSION
In the 2021/2022 Fiscal Year budget, the Council approved the newly adopted Fleet Replacement Program to replace outdated and non-compliant equipment and vehicles. The (1) Vactor 2100 truck for the Sewer Division was within that first year’s round of equipment to be replaced. The build was proposed at 6 months. With numerous supply chain delays, the Vactor truck was in July of 2022. The previously approved budget amount was rolled over to the 2022/2023 Fiscal Year.

The Vactor 2100I is a dual stage fan/combination, single engine, dual stage sewer cleaner with hydrostatic driven vacuum system mounted on a heavy duty Kenworth truck chassis. The total cost for this purchase including all equipment is $474,682.46, which includes sales tax and fees.

FISCAL IMPACT
The total cost of $474,982.46 will paid from the Sewer Fund 4101-8030.

RECOMMENDATION
For informational purposes only as this item was approved in the 2022/2023 Fiscal Year budget.

ATTACHMENTS
(1) 2100I Vactor Truck Quote
40 Item 5.
41 Item 5.
42 Item 5.
43 Item 5.
44 Item 5.
45 Item 5.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: PURCHASE OF ADDITIONAL VEHICLE LIFT FOR FLEET

MAINTENANCE DIVISION
DATE: SEPTEMBER 6, 2022

SUMMARY
Council many consider and approve the purchase of a “2 post” automotive lift apparatus to aid in efficiency of repairs to city fleet equipment in the amount of $27,811.04.

DISCUSSION
Staff requests approval of the above expenditure for a “2 post” vehicle lift to aid in efficient repairs of city vehicles and equipment. The city Fleet Maintenance Dept. currently has 1 “drive on” lift and 1 “in ground” lift for large heavy equipment to service over 125 vehicles, trailers and other equipment. The “drive on” lift is occupied most all of the time for anything from common oil changes, brake jobs and tire replacements, to more complicated jobs including but not limited to transmission and front suspension replacements. When these larger more timeconsuming repairs are taking place, other repairs must be put on hold due to lack of availability of another vehicle lift. With the addition of another mechanic (budgeted 2022) the availability of this new lift will accelerate repairs across the entire fleet.

The purchase was previously quoted around $10,000 early in January of 2022 and budgeted; however, inflation has caused the price to increase substantially above the City Administrator’s approving authority, prompting City Council approval and a budget adjustment.

FISCAL IMPACT
75% of cost to come from the Capital Asset Replacement Fund 300-8020 for the Police, Fire and Street Departments $20,858.28 and 25% from the Sewer Fund 400-8020, $6952.76.

RECOMMENDATION
Approve the $27,811.04 expenditure for the addition of a new “2 post” lift including installation to aid it efficient repairs from the funds listed above. 46 Item 6.

ATTACHMENTS
Sourcewell Quotation from Midstate Automotive Equipment Co. 47 Item 6.

Estimate
Date
8/29/2022
Estimate #
SAC6124
Bill To
City of Oroville
Stephen Chioini
1735 Montgomery St.

Oroville, Ca. 95965
Ship To
City of Oroville
Stephen Chioini
Lead Mechanic
1735 Montgomery St.
530-538-2491
Midstate Automotive Equipment Co.
3314 Orange Grove Ave
North Highlands, CA 95660
P.O. No.

Steve
Terms
Due on rece...

Rep
GR
Phone #
510-301-2633
Fax #
866-795-7581
E-mail
[email protected]
Total
Subtotal
Sales Tax (8.25%)
Cert Sm. Business #40916 (exp: 5/31/2022)
CSLB# 962308; DIR# 1000019046
FEIN: 72-1601790
Please sign to place order; if a Purchase Order is required for payment, please provide.

Signature__________________________________
CREDIT CARD PURCHASES:

Subject to a 3% service charge for all payments using a credit card.

Item Description Qty Rate Total
Estimate for Mohawk TP-18 2-Post Auto Lift and necessary related accessories priced within Sourcewell guidelines for The City of Oroville. In addition, this Estimate also includes Delivery, Installation and setup per customer's request. All labor is estimated at Prevailing Wage.

MOH018-020-000 Mohawk TP-18 two post above ground lift. Complete with 12 height adaptors. Overhead Hydraulic lines @ 15'. Warranty 5 years parts and labor. 10 years mechanical parts and 25 year structural. limited lifetime cylinder seals.
1 18,792.20 18,792.20T
Freight Freight charges 3,200.00 3,200.00T
MOH000-005-048 4' Line Extensions 2 99.385 198.77T
MOH601-440-017 Weight Gauge #2 Large face Fits LMF-12, TP15, TP16, TP18 1 174.89 174.89T MAECOINSTALL Standard Installation to be performed in compliance of Manufacturers written instructions. All Packaging from lift is to remain on-site - customer is responsible for disposal.
***Customer responsible for forklift availability to off-load and install***
1 3,600.00 3,600.00
MAECODIS1 Price does not include: electrical or air connections; hydraulic oil or ATF fluid if needed; permits; inspections; special insurance requirements; concrete work; any damage to flooring (painted, epoxy, etc.). Rates are Not Prevailing Wage Rates.

Customer is responsible for the fork lift for unloading and installation.

Quote good for 30days

0.00 0.00
MAECODIS2 Quote does not include permitting or anything associated with permitting and is the responsibility of the owner. Work will be performed at the owners discretion in regards to permitting.

0.00 0.00

Item 6.

Estimate
Date
8/29/2022
Estimate #
SAC6124
Bill To
City of Oroville
Stephen Chioini
1735 Montgomery St.

Oroville, Ca. 95965
Ship To
City of Oroville
Stephen Chioini
Lead Mechanic
1735 Montgomery St.
530-538-2491
Midstate Automotive Equipment Co.
3314 Orange Grove Ave
North Highlands, CA 95660
P.O. No.

Steve
Terms
Due on rece...

Rep
GR
Phone #
510-301-2633
Fax #
866-795-7581
E-mail
[email protected]
Total
Subtotal
Sales Tax (8.25%)
Cert Sm. Business #40916 (exp: 5/31/2022)
CSLB# 962308; DIR# 1000019046
FEIN: 72-1601790
Please sign to place order; if a Purchase Order is required for payment, please provide.

Signature__________________________________
CREDIT CARD PURCHASES:

Subject to a 3% service charge for all payments using a credit card.

Item Description Qty Rate Total
MAECODIS3 Assumes existing concrete meets or exceeds manufacturers requirements. If we are unable to install the lift (s) due to inadequate concrete, you will still be invoiced for the full install amount.

0.00 0.00
MAECODIS6 If Rebar is found during installation, there will be an additional charge of $40-$65 per hole that is drilled and rebar is hit.

0.00 0.00

$27,811.04
$25,965.86
$1,845.18
49 Item 6.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: OROVILLE CHAMBER OF COMMERCE ANNUAL BBQ
DATE: SEPTEMBER 6, 2022

SUMMARY
The Council will consider the authorization for the purchase of a sponsor table at the 2022 Annual Oroville Area Chamber of Commerce Barbeque to be held on September 8, 2022

DISCUSSION
The Oroville Area Chamber of Commerce is hosting the Annual Barbeque to support the Chamber. The city has traditionally supported this event by purchasing 2 tables at the event.

The cost of each table is $375.00 for a total of $750.00. The tables will include seating and dinner for 16 people. The event will feature speakers from the Chamber and Member Businesses, regarding the business climate in the City of Oroville. The city should support the Chamber as the Chamber supports and promotes the businesses of the city.

FISCAL IMPACT
Reduction of the Mayor’s budget for services and supplies. There is currently $2600.00 available in this budget. The original budget was $3600.00. The only prior expenditure from this budget was for the Mayor’s League of Cities dues.

RECOMMENDATION
Authorize Staff to purchase of 2 tables for the city at the 2022 Annual Chamber Barbeque 50 Item 7.
51 Item 7.
52 Item 7.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: ADD FUNDS TO AGREEMENT FOR PROFESSIONAL SERVICES WITH JENNIFER ARBUCKLE CONSULTING FOR FISCAL YEAR 2022/2023
DATE: SEPTEMBER 6, 2022

SUMMARY
The Council may consider adding funds to the professional services agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance.

DISCUSSION
Nearly all CalRecycle regulations are found in Title 14 and Title 27 of California Code of Regulations and there are currently four diversion programs in effect and a fifth program (SB 1383) came into effect January 1, 2022. Additionally, the city is required to adopt an ordinance to meet the necessary regulations mandated by SB 1383.

In October 2021, the Council entered into an agreement with Jennifer Arbuckle Consulting, a qualified professional consultant, to provide grant management and implementation of SB 1383 compliance. Additional services include stakeholder engagement, sustainable development, education, and marketing as well as support and guidance to allow for a smooth transition to the new Recycling Coordinator. The Agreement included services at $95 per hour for up to 100 hours per month. Funding in the budget was allocated for fiscal year 2021-2022 only.

The Consultant will continue to provide services under the Agreement, including training, until the City’s Recycling Coordinator is able to take over the tasks required. Ms. Arbuckle proposes to continue at 20 hours per week at $95/hour to train the newly hired Recycling Coordinator, continue research, meet deadlines, and the necessary reporting, for compliance.

Accordingly, Staff requests a budget adjustment of $9,500 per month for the fiscal year 2022- 2023.

FISCAL IMPACT
The professional service agreement will require a budget adjustment in the ____ fund for a total amount of $114,000 for fiscal year 2022-2023.
53 Item 8.

RECOMMENDATION
The Council may consider adding funds to the professional services agreement with Jennifer Arbuckle Consulting for grant management and SB 1383 Compliance in an amount not to exceed $9,500 per month through Fiscal Year 22/23.

ATTACHMENTS
Agreement No. 3386 – Jennifer Arbuckle Consulting (approved September 20, 2021) 54 Item 8.
55 Item 8.
56 Item 8.
57 Item 8.
58 Item 8.
59 Item 8.
60 Item 8.
61 Item 8.
62 Item 8.
63 Item 8.
64 Item 8.
65 Item 8.
66 Item 8.
67 Item 8.
68 Item 8.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: PURCHASE OF (2) TRUNARC TESTING DEVICES
DATE: SEPTEMBER 6, 2022

SUMMARY
The Council will consider authorizing the Police Department to purchase two (2) TruNarc handheld narcotic analyzers with one year warranty and training for $51,490.09.

DISCUSSION
The Police Department currently utilizes a “Nik” to test narcotics to attain presumptive test results on suspected controlled substances. The presumptive test results allow the officer to file the case with the Butte County District Attorney for prosecution.

However, the Nik test kits chemical contents are listed under California Code of Regulations §393 as hazardous chemicals. The chemicals contained in the Nik test kits other related dangers include, burning, poisoning, and flammability.

In Butte County there has been an increased number of overdoses related to the substance Fentanyl. Officers that investigate these crimes and other crimes where a suspected controlled substance has been used risk exposure. Fentanyl is sometimes used as a cutting agent in commonly encountered drugs. Its analogs pose a potential hazard to law enforcement, public health workers, and first responders who unknowingly come into contact with these drugs in their different forms. Possible exposure routes vary based on the source of the Fentanyl. While dermal absorption of Fentanyl commonly occurs through prescribed use, inhalation of powder is the most likely exposure route for illicitly- manufactured Fentanyl. Inhalation exposure can quickly result in respiratory complications. Exposure via inhalation or skin absorption of a controlled substance especially Fentanyl can be deadly. 69 Item 9.

Law Enforcement personnel can come into contact with these drugs during their normal course of their duty, the substance is always handled with care, and is sent to a laboratory for analysis.

The TruNarc is a handheld narcotics analyzer that can identifies dozens of narcotics, stimulants, depressants, and analgesics using a lab proven Raman spectroscopy. The TruNarc provides clear, definitive results for presumptive identification with no user interpretation. The TruNarc will analyze key drugs of abuse as well as common cutting agents, precursors, and emerging threats such as Fentanyl, synthetic cathinones (bath salts) and cannabinoids (Spice or K2). The TruNarc scans directly through plastic or glass for most samples to minimize contamination, reduce exposure and preserve evidence. The TruNarc has automated data storage and the ability to generate a report to help support prosecution.

The TruNarc is currently used in the Butte County by the Chico Police Department, California State Parks, and the Butte Interagency Narcotics Task Force. TruNarc has also been accepted by law enforcement organizations throughout the country.

Additionally, staff has confirmed that District Attorney’s Office will support TruNarc presumptive analysis for case filing purposes.

FISCAL IMPACT
Reduction in balance of Asset Forfeiture account. Current available balance $157,397.00

RECOMMENDATIONS
Authorize the purchase of two (2) TruNarc handheld narcotic analyzers with one year warranty and training.

ATTACHMENTS

1. TruNarc 1.9 Product Brochure

2. TruNarc Benefits Sheet

3. TruNarc Quote
70 Item 9.

When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence.

Sales Quotation
Quote Number Created Date Exp. Delivery Terms Page
00281730 08/23/2022 ARO 1 / 8
Contact: Phone Payment Term Valid To
Geno Ferrera (951) 326-0405 Net 30 09/30/2022
Inco Terms Shipping Method
FOB Origin - Tewksbury Ma. Fed Ex
Thermo Scientific Portable
Analytical Instruments Inc.
2 Radcliff Rd
Tewksbury, Massachusetts 01876
United States
Submitted To:

Gil Zarate
Lieutenant
Oroville Police Department
Oroville, California 95966
United States
Phone: (530) 538-2465
Email: [email protected]

THANK YOU FOR YOUR INTEREST IN THERMO SCIENTIFIC
INSTRUMENTATION To Place an Order:

Contact: Geno Ferrera
Phone: (951) 326-0405
Fax:

Email: [email protected]
Additional instructions, terms & conditions on last page GSA Contract No. GS-07F-6099R
Contract period: March 26, 2010 - September 28, 2025
SIN 334519
SIN 339999E
When placing a purchase order against this quote, please use the Mandatory PO language for state/local orders using the Cooperative Purchasing Program as follows:
"This order is placed under GSA contract number GS-07F-6099R under the authority of the GSA Cooperative Purchasing Program. In the event of a conflict between the terms of this order and those of the GSA Schedule, GSA's terms shall govern." Pos. Product Code Product Name Discount Disc % Sales Price Quantity Total Price

1.00 800-01011-01 TruNarc, Unlimited, Warranty - 1 Yr 1498.74 6.30% USD 22,301.26 1.00 USD 22,301.26 List Price: USD 23,800.00
GSA Item
TruNarc Unlimited Model with 1 year of warranty. Includes factory repair, loaner units when available and 24/7 technical support.

Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics library are provided for the life of the instrument.

2.00 800-01041-01 TruNarc, Unlimited, Warranty - 1 Yr,
Train-12
1681.36 6.30% USD 25,018.64 1.00 USD 25,018.64
List Price: USD 26,700.00
TruNarc Unlimited Model with 1 year of warranty. Includes factory repair, loaner units when available and 24/7 technical support.

Companion PC TruNarc admin software, unlimited access to TruNarc eLearning course and free basic software updates to core narcotics 71 Item 9.

When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence.

GSA Item library are provided for the life of the instrument. Includes TruNarc on-site instructor led training for up to 12 students within the Continental United States (CONUS) - expires 9 months after date of purchase.

3.00 810-01461-01 TruNarc Solution Kit (Type H) - 20,
English

0.00 0.00% USD 123.00 2.00 USD 246.00
List Price: USD 123.00
Open Market Item
TruNarc Solution Kit (Type H) for identification of Heroin and other special narcotics. Kit includes 20 Test Sticks and 20 Solution Vials with Ethanol. Note that because of the Ethanol, this product ships as a Hazardous Goods shipment. The shelf life for Type H-sticks is approximately one year from shipment.

Subtotal: USD 47,565.90
Tax: USD 3,924.19
Discount: USD 3,180.10
Total: USD 51,490.09
Important Note: Please issue POs to Thermo Scientific Portable Analytical Instruments Inc Federal Tax ID No.: 01-0650031
CAGE CODE: 392A9
DUNS #: 11-289-3131
Bank of America ABA# for Wire Payments: 026 009 593
Bank of America ABA# for ACH Payments: 111 000 012
Beneficiary Account Number: 4426843850
72 Item 9.

When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence.

Acceptance of Purchase
By signing below, you (i) warrant that you are an authorized representative of your company, (ii) agree that the Thermo Scientific Portable Analytical Instru attached hereto (the “Terms and Conditions”) shall supersede any preprinted terms and conditions, in their entirety, contained in any purchase order that Conditions shall exclusively govern the transaction(s) contemplated hereby ___________________________________ ___________________________________ __________ Signature of authorized company representative Date Phone# ___________________________________ ___________________________________ __________ Print Name Title Email
___________________________________ ___________________________________ __________ Model # Amount + S&H Purchase Order Num
E-mail to: [email protected] Fax to: 1-877-680-2568 Order Processing Address: Remit check Payment To:
[email protected] Thermo Scientific Portable Analytical Instruments Inc Thermo Scientific Portable Analytical Instruments Inc PO Box 415918 2 Radcliff Road Boston, MA 02241-415918
Tewksbury, MA 01876
Payment Details
Method of Payment Sales Tax Application
Net 30 (Attach Credit Application & Credit References) Yes Apply Sales Tax Credit Card No
Check - If no, you must provide a copy of your tax exemption certificate along with your purchase order.

Wire Transfer
**Please contact your customer service representative with your credit card information. (Do not send any credit card info via email or fax.)** Address Verification
Please make corrections if necessary below:

Bill to: Ship to:
2055 Lincoln St 2055 Lincoln St
Oroville, California 95966 Oroville, California 95966
United States United States
73 Item 9.

When applicable, commodities, technology, or software to be provided in furtherance of this order shall be exported from the United States in accordance with applicable U.S export laws or regulations. Diversion contrary to US law prohibited. Unless otherwise agreed to in writing, Thermo Scientific Portable Analytical Instruments Inc. terms and conditions shall apply and take precedence.

Additional Options / Accessories
Please use the space below to note any additional options and/or accessories you wish to add from the attached sheets that are not included in the above quotation.
__________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 74 Item 9.

THERMO SCIENTIFIC PORTABLE ANALYTICAL INSTRUMENTS INC – TERMS AND CONDITIONS OF SALE Last revised November 2019
UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING, ALL SALES ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. GENERAL. Thermo Scientific Portable Analytical Instruments Inc (“Seller”) hereby offers for sale to the buyer named on the face hereof ("Buyer") the products listed on the face hereof (the "Products") on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein. Any provisions contained in any document issued by Buyer are expressly rejected and if the terms and conditions in this agreement (the “Agreement”) differ from the terms of Buyer’s offer, this document shall be construed as a counter offer and shall not be effective as an acceptance of Buyer’s document. Buyer’s receipt of Products or Seller’s commencement of the services provided hereunder will constitute Buyer’s acceptance of this Agreement. This is the complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of the Products. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding unless in writing and signed by Seller and Buyer. Seller's failure to object to terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein. All orders are subject to acceptance in writing by an authorized representative of Seller.

2. PRICE. All prices published by Seller or quoted by Seller’s representatives may be changed at any time without notice. All prices quoted by Seller or Seller’s representatives are valid for thirty (30) days, unless otherwise stated in writing. All prices for the Products will be as specified by Seller or, if no price has been specified or quoted, will be Seller's price in effect at the time of shipment. All prices are subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions, which are not part of Seller's original price quotation.

3. TAXES AND OTHER CHARGES. Prices for the Products exclude all sales, value added and other taxes and duties imposed with respect to the sale, delivery, or use of any Products covered hereby, all of which taxes and duties must be paid by Buyer. If Buyer claims any exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. Buyer shall be solely responsible for obtaining any and all necessary licenses, registrations, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation pertaining to the use or possession of the products contemplated herein that include radioactive isotopes, or x-ray tubes if any.

Buyer shall pay Seller such surcharges, or other fees, in respect of the sale of Products hereunder as Seller deems necessary and appropriate (in Seller’s sole, good-faith, reasonable discretion) to account for changes in the cost to product, develop, market, or sell the Products to Buyer hereunder (whether as the result of the imposition of tariffs or otherwise). All such surcharges must be paid by Buyer in accordance with the payment terms set forth herein. Buyer agrees that such surcharges, or other fees, or any termination thereof, shall take effect immediately upon written notice thereof by Seller to Buyer. In the event that Seller’s quote and/or order acknowledgement set forth surcharges, those documents shall be considered adequate written notice to Buyer that said surcharges are Buyer’s responsibility. Any such surcharges shall not constitute an increase in the Price(s) of any Products or Services sold under this Agreement

4. TERMS OF PAYMENT. Seller may invoice Buyer upon shipment for the price and all other charges payable by Buyer in accordance with the terms on the face hereof. If no payment terms are stated on the face hereof, payment shall be net thirty (30) days from the date of invoice. If Buyer fails to pay any amounts when due, Buyer shall pay Seller interest thereon at a periodic rate of one and one-half percent (1.5%) per month (or, if lower, the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller's rights hereunder.

Seller reserves the right to require from Buyer full or partial payment in advance, or other security that is satisfactory to Seller, at any time that Seller believes in good faith that Buyer's financial condition does not justify the terms of payment specified. All payments shall be made in U.S.

Dollars.

5. DELIVERY CANCELLATION OR CHANGES BY BUYER. The Products will be shipped to the destination specified by Buyer, F.O.B. shipping point. Seller will have the right, at its election, to make partial shipments of the Products and to invoice each shipment separately. Seller reserves the right to stop delivery of Products in transit and to withhold shipments in whole or in part if Buyer fails to make any payment to Seller when due or otherwise fails to perform its obligations hereunder. All shipping dates are approximate only, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay. Products as to which delivery is delayed due to any cause within Buyer's control may be placed in storage by Seller at Buyer's risk and expense and for Buyer's account. Orders in process may be canceled only with Seller's written consent and upon payment of Seller's cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as an appropriate adjustment in the purchase price therefor. Credit will not be allowed for Products returned without prior written consent of seller.

6. RETURN OF PRODUCTS/RESTOCKING CHARGE. Buyer must obtain permission from Seller prior to returning Products. The request must be received within ten (10) days of receipt of the Products. Older items, service parts, and discontinued items cannot be returned for credit. In order to obtain a RMA number, Buyer must contact Seller’s customer support. Seller, in its discretion, may impose a twenty (20%) percent restocking charge of the price paid for any item authorized for return for credit

7. TITLE AND RISK OF LOSS. Notwithstanding the trade terms indicated above and subject to Seller’s right to stop delivery of Products in transit, title to and risk of loss of the Products will pass to Buyer upon delivery of possession of the Products by Seller to the carrier irrespective of which Party’s carrier is used for the transport or the manner of payment ascribed to the transport; provided, however, that title to any software incorporated within or forming a part of the Products shall at all times remain with Seller or the licensor(s) thereof, as the case may be.

8. WARRANTY. Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period shall be one (1) year from the date of shipment to Buyer for equipment and ninety (90) days for all other products (the "Warranty Period"). During the Warranty Period, Seller agrees, in its sole discretion, to repair or replace, Products and/or provide additional parts or services as reasonably necessary to cause the same to perform in substantial conformance with said published specifications; provided that Buyer shall (a) promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s review, Seller will provide Buyer with service data and /or a Return Material Authorization (“RMA), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to Seller with all costs prepaid by Buyer. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become75 Item 9.
the property of Seller. Shipment to Buyer of repaired or replacement Products shall be made in accordance with the Delivery provisions of the Seller’s Terms and Conditions of Sale. Consumables are expressly excluded from this warranty. If Seller elects to repair defective device instruments, Seller may, in its sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the instruments are being repaired. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may have from the original manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this Warranty shall pay Seller therefor at Seller's then prevailing time and materials rates.

ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH,

THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL,

OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT

AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS

OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.

9. INDEMNIFICATION

9.1. By Seller. Seller agrees to indemnify, defend and save Buyer, its officer, directors, and employees from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorney’s fees) (“Indemnified Items”) for (i) injury to or death of persons or damage to property to the extent caused by the negligence or willful misconduct of Seller, its employees, agents or representatives or contractors in connection with the performance of services at Buyer’s premises under this Agreement and (ii) claims that a Product infringes any valid United States patent, copyright or trade secret; provided, however, Seller shall have no liability under this Section to the extent any such Indemnified Items are caused by either (i) the negligence or willful misconduct of Buyer, its employees, agents or representatives or contractors, (ii) by any third party, (iii) use of a Product in combination with equipment or software not supplied by Seller where the Product would not itself be infringing, (iv) compliance with Buyer's designs, specifications or instructions, (v) use of the Product in an application or environment for which it was not designed or (vi) modifications of the Product by anyone other than Seller without Seller's prior written approval. Buyer shall provide Seller prompt written notice of any third party claim covered by Seller’s indemnification obligations hereunder. Seller shall have the right to assume exclusive control of the defense of such claim or, at the option of the Seller, to settle the same. Buyer agrees to cooperate reasonably with Seller in connection with the performance by Seller of its obligations in this Section.

Notwithstanding the above, Seller’s infringement related indemnification obligations shall be extinguished and relieved if Seller, at its discretion and at its own expense (a) procures for Buyer the right, at no additional expense to Buyer, to continue using the Product; (b) replaces or modifies the Product so that it becomes non-infringing, provided the modification or replacement does not adversely affect the specifications of the Product; or (c) in the event(a) and (b) are not practical, refund to Buyer the amortized amounts paid by Buyer with respect thereto, based on a five (5) year amortization schedule. THE FOREGOING INDEMNIFICATION PROVISION STATES SELLER'S ENTIRE LIABILITY TO BUYER FOR THE CLAIMS DESCRIBED HEREIN.

9.2. By Buyer. Buyer shall indemnify, defend with competent and experienced counsel and hold harmless Seller, its parent, subsidiaries, affiliates and divisions, and their respective officers, directors, shareholders and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer, its agents, employees, representatives or contractors; (ii) use of a Product in combination with equipment or software not supplied by Seller where the Product itself would not be infringing; (iii) Seller's compliance with designs, specifications or instructions supplied to Seller by Buyer; (iv) use of a Product in an application or environment for which it was not designed; or (v) modifications of a Product by anyone other than Seller without Seller's prior written approval

10. SOFTWARE. With respect to any software products incorporated in or forming a part of the Products hereunder, Seller and Buyer intend and agree that such software products are being licensed and not sold, and that the words "purchase", "sell" or similar or derivative words are understood and agreed to mean "license", and that the word "Buyer" or similar or derivative words are understood and agreed to mean "licensee". Notwithstanding anything to the contrary contained herein, Seller or its licensor, as the case may be, retains all rights and interest in software products provided hereunder. Seller hereby grants to Buyer a royalty-free, non-exclusive, nontransferable license, without power to sublicense, to use software provided hereunder solely for Buyer's own internal business purposes on the hardware products provided hereunder and to use the related documentation solely for Buyer's own internal business purposes. This license terminates when Buyer's lawful possession of the hardware products provided hereunder ceases, unless earlier terminated as provided herein. Buyer agrees to hold in confidence and not to sell, transfer, license, loan or otherwise make available in any form to third parties the software products and related documentation provided hereunder. Buyer may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or supplement the software products provided hereunder without Seller's prior written consent. Seller will be entitled to terminate this license if Buyer fails to comply with any term or condition herein. Buyer agrees, upon termination of this license, immediately to return to Seller all software products and related documentation provided hereunder and all copies and portions thereof

11. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER

UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR

OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS PROVIDED UNDER SECTION 8 ABOVE)) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL PURCHASE

PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY OR (B) 76 Item 9.

ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL

SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION

DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS

NEGLIGENT

12. EXPORT RESTRICTIONS. Buyer acknowledges that each Product and any related software and technology, including technical information supplied by Seller or contained in documents (collectively “Items”), is subject to export controls of the U.S. government. The export controls may include, but are not limited to, those of the Export Administration Regulations of the U.S. Department of Commerce (the “EAR”), which may restrict or require licenses for the export of Items from the United States and their re-export from other countries. Buyer shall comply with the EAR and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. Buyer shall not, without first obtaining the required license to do so from the appropriate U.S. government agency; (i) export or re-export any Item, or (ii) export, re-export, distribute or supply any Item to any restricted or embargoed country or to a person or entity whose privilege to participate in exports has been denied or restricted by the U.S. government. Buyer shall, if requested by Seller, provide information on the end user and end use of any Item exported by the Buyer or to be exported by the Buyer. Buyer shall cooperate fully with Seller in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and shall indemnify and hold Seller harmless from, or in connection with, any violation of this Section by Buyer or its employees, consultants, or agents

13. HAZARDOUS MATERIALS. Some Products may require special packaging, labeling, marking and handling. Carriers may add additional freight charges for the handling or transporting of these materials. The consolidating of such material with other Products may be prohibited.

Additional freight charges will be billed per Seller’s shipping terms. Be sure to advise Seller of shipping instructions for these hazardous materials to reduce your freight costs

14. MISCELLANEOUS. (a) Buyer may not delegate any duties nor assign any rights or claims hereunder without Seller's prior written consent, and any such attempted delegation or assignment shall be void. (b) The rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Seller’s manufacturing location, without reference to its choice of law provisions. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the county and state of Seller’s manufacturing location, in any action arising out of or relating to this Agreement. (c) Both parties waive any right they may have under applicable law or otherwise to a right to a trial by jury. Any action arising under this Agreement must be brought within one (1) year from the date that the cause of action arose. (d) The application to this Agreement of the U.N. Convention on Contracts for the International Sale of Goods is hereby expressly excluded. (e) In the event that any one or more provisions contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially changes the bargain. (f) Seller's failure to enforce, or Seller's waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision. (g) Unless otherwise expressly stated on the Product or in the documentation accompanying the Product, the Product is intended for non-clinical, non-diagnostic, non-therapeutic use only and is not to be used for any other purpose, including without limitation, unauthorized commercial uses, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any type of consumption by or application to humans or animals. (h) Buyer agrees that all pricing, discounts and technical information that Seller provides to Buyer are the confidential and proprietary information of Seller. Buyer agrees to (1) keep such information confidential and not disclose such information to any third party, and (2) use such information solely for Buyer’s internal purposes and in connection with the Products supplied hereunder. Nothing herein shall restrict the use of information available to the general public. (i) Any notice or communication required or permitted hereunder shall be in writing and shall be deemed received when personally delivered or three (3) business days after being sent by certified mail, postage prepaid, to a party at the address specified herein or at such other address as either party may from time to time designate to the other (j) Seller hereby rejects and disclaims any rights of Buyer contained, or obligations imposed upon Seller, in any document provided, referenced or otherwise submitted by Buyer, in each case, that Seller has not expressly included in these [terms and conditions] or a writing manually executed by Seller (including, without limitation, any rights of Buyer in respect of designs, specifications, source code or intellectual property, owned, created, developed or licensed, by Seller; any rights to items or services not specifically identified in Seller’s quotation; any audit rights or financial offset rights of Buyer; any penalties or liquidated damages imposed upon Seller; any obligation by Seller to comply with Health Insurance Portability and Accountability Act of 1996 (as amended), Current Good Manufacturing Practice regulations (as amended), the requirements, as amended, of the Customs-Trade Partnership Against Terrorism or any code of conduct, quality program, information security program, background or drug screening program or other guidelines, programs or policies, in each case, promulgated or required by Buyer; any obligation that Seller comply with any law that, under law, would not otherwise apply to Seller in respect of the transaction(s) contemplated hereby; any right of Buyer to withhold all, or any portion, of the purchase price of any products or services provided hereunder for any period of time; any right of Buyer, itself or through any third party, to remediate any defects in, replace or re-perform, any products or services provided hereunder at Seller’s cost or expense; any obligation of Seller to waive, or require its insurers to waive, any rights of subrogation; any obligation of Seller that would impair, restrict or prohibit Seller’s ability to freely conduct any business with any person or in any geography or market; any early-payment, or other, discount; any obligation of Seller to maintain a supply of spares, or otherwise make any services available, for any particular period of time; any representation, warranty or other obligation of Seller to provide pricing comparable to, or more favorable than, the pricing that Seller provides to others; any restriction of, or prohibition on, Seller’s ability to modify, change or discontinue any of its products, processes or services; or any waiver by Seller of any right to enforce any of the terms hereof).

15. SOFTWARE-AS-A-SERVICE TRANSACTIONS. IF YOU ARE PURCHASING ANY PRODUCTS PROVIDED BY SELLER HEREUNDER

AND DESCRIBED IN THE RELEVANT QUOTATION OR PURCHASE ORDER AS A SUBSCRIPTION TO ANY THERMO FISHER SOFTWARE-AS-A-SERVICE OFFERING (ANY SUCH PRODUCT, HEREINAFTER, A “SUBSCRIPTION”),THEN IN RESPECT OF SUCH

SUBSCRIPTION(S) ONLY

(a) The following terms and conditions of this Agreement shall not apply: Sections 6-7, 9.1, and 13.

(b) The following terms and conditions of this Agreement shall be modified as set forth below:

(i) Section 5 shall be replaced in its entirety with the following:

5. CANCELLATION OR CHANGES BY BUYER. Seller reserves the right to suspend or terminate the Buyer’s Subscription(s), in whole or in part, if Buyer fails to make any payment to Seller when due, otherwise fails to perform its obligations hereunder, or fails to comply with the Seller’s Terms of Use agreement agreed to by Buyer and governing Buyer’s use of the Subscription(s), as in effect from time to time (the “Terms of Use”). Seller will not be liable for any loss or damage resulting from any delay in activation of the Subscription(s) or failure to activate the Subscription(s) which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the activation of the Subscription(s) within a reasonable period of time, and Buyer will not be entitled to refuse payment or otherwise be relieved of any obligations as the result of such delay. Orders in process may be canceled only with Seller's written consent and upon 77 Item 9.
payment of Seller's cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as an appropriate adjustment in the purchase price therefor. (ii) Section 8 shall be replaced in its entirety with the following:

8. WARRANTY. BUYER AGREES AND ACKNOWLEDGES THAT THE SUBSCRIPTIONS ARE SOLD “AS-IS”, WITH NO WARRANTIES EXPRESSED OR IMPLIED. SELLER DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, ORAL OR WRITTEN,

WITH RESPECT TO THE SUBSCRIPTIONS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
(iii) Section 10 shall be replaced in its entirety with the following:

10. SOFTWARE. This Agreement shall not be construed to grant to Buyer any patent license, know-how license or any other rights except as specifically provided herein. Buyer agrees and acknowledges that, by virtue of its purchase of the Subscriptions hereunder, it does not acquire any intellectual property rights (whether by license, assignment, or otherwise) of Seller, including without limitation any rights to the Subscriptions or related software or hardware systems (except for the limited right to use the Subscription subject to the terms and conditions set forth herein). Buyer shall not reverse engineer or copy the design, algorithms, or code, or any components thereof, of any information related to the Subscriptions for any purpose.

(iv) In Section 11, the language “ONE MILLION DOLLARS ($1,000,000)” shall be replaced with “TEN THOUSAND DOLLARS ($10,000)”.
(c) The following additional terms and conditions shall apply TERMS OF USE. Buyer hereby acknowledges and agrees that it shall comply with all terms and conditions of the Terms of Use, and that Buyer’s use of the Subscription in violation of any such terms and/or conditions shall entitle Seller, without prejudice to any other remedies that may be available to Seller at law or in equity, to terminate Buyer’s use of the Subscription(s) effective immediately.

Buyer further agrees and acknowledges that it shall not be entitled to any refund of any portion of the purchase price paid in respect of Subscription(s) cancelled by Seller pursuant to Seller’s rights under this Section and/or the Terms of Use. Buyer’s rights to use these Subscription will begin upon Seller’s transmission to Buyer of Subscription link and end 12 months from this date unless otherwise terminated by Seller. In the event of any conflict between this Agreement and the Terms of Use, the Terms of Use shall control. 78 Item 9.

Thermo Scientific
TruNarc Handheld Narcotics Analyzer
Field-based presumptive narcotics, precursor and cutting agent testing 79 Item 9.

The TruNarc Handheld
Narcotics Analyzer
Helping law enforcement
limits direct contact
• Tests for almost 500 substances, including narcotics, stimulants, depressants, hallucinogens and analgesics
• Library regularly updated to include emerging drug threats • Requires no direct contact with most substances
• Delivers clear, real-time results for presumptive evidence • Provides automated, tamper-proof records with scan results, including time-and-date stamps to help expedite prosecution
80 Item 9.

TruNarc: Efficient,
Economical, Safe
Agencies across the United States who deploy TruNarc are seeing immediate benefits:
• Even little known substances can be identified almost instantly in the field
• The need for Law Enforcement Officers to handle potentially lethal narcotics is greatly reduced
• Valuable lab time is freed up for higher priority cases • Reduced demand for lab testing delivers significant cost savings stay ahead of the curve: safe, precis
benefits
81 Item 9.

TruNarc Success Stories
Quincy PD, Massachusetts: Littleknown Drugs Identified Quickly • TruNarc immediately identified an unknown
sample as Alpha-PVP (“Flakka”) a synthetic
cathinone
• Official state-wide alert about new drug
issued next day
Etowah County, Alabama: Reduced
Court Wait Times
• “We’re definitely seeing a benefit because
of TruNarc. We’re able to take cases to the
grand jury where before we didn’t have a
toxicology report. Now, a defendant doesn’t
have to wait for his day in court. It’s been a
godsend.”
– Etowah County
Charles County, Maryland:

Improved Protection for Law
Enforcement Officers
• Using TruNarc, officers quickly identified
fentanyl (a potent opioid absorbed by
touch, potentially causing overdose or
death) in heroin seizure.
• “The safety of our officers is one of
our top priorities, and this technology
will allow us to safely identify controlled
dangerous substances quickly and
accurately without having to wait on
lab results.”
– Charles County
se narcotics identification
quickly identified fentanyl
82 Item 9.

The use of illicit narcotics and opioids continues to skyrocket.

Emerging lethal drugs like fentanyl and carfentanil threaten public safety.

To save lives and protect law enforcement officers, banned substances need to be identified quickly, safely and
accurately.

The Thermo Scientific™ TruNarc™ Analyzer rapidly identifies drugs and can reduce the backlog of cases at crime labs while decreasing costs. This leads to quicker case resolution and helps drug offenders access treatment faster.

TruNarc Helps Keep Officers Safe
saves time and money
83 Item 9.

TruNarc: A more accurate and reliable presumptive test
To learn more about the TruNarc or schedule a demo,
please visit us on line at: thermofisher.com/trunarc
Specifications Description
Weight 1.25 lb (.570 kg)
Size 6.4 x 4.1 x 2.0 in. (16.26 x 10.41 x 5.10 cm)
Library Controlled substances, cutting agents and precursors Configurations Unlimited or Pay-Per-Scan
Data export formats CSV, SPC, PDF, SCZ, SCN
Battery Rechargeable internal 3.7V battery pack (10 hrs.); DC wall adapter, 5V DC, 1.5A; optional car charger
Operating temperature 14° F to 122° F (-10° C to +50° C) Language configurations English, Arabic, Chinese, Czech, Dutch, French, Japanese, Polish, Russian, Spanish Computer administration TruNarc Admin software connected via microUSB to USB Reachback support Spectral analysis by staff chemists available Validation Third party test results available on request © 2019 Thermo Fisher Scientific Inc. All rights reserved. All trademarks are the property of Thermo Fisher Scientific Inc. and its subsidiaries. Not all products are available in all countries. Please consult your local sales representatives for details.

RB 1810320 1019 v03
84 Item 9.
•
•
"
,
aman
A well-established technique for identifying chemicals, Raman spectroscopy has been used in forensic laboratory analysisfor decades.It is widely accepted by the scientific community and has a proven track record in the United States court system. #
,
•
.
•
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•
,
,
,
,
,
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,
,
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Point and Shoot SimplicityA handheldRaman analyzer can ID hundreds of narcotics,precursors or cutting agents in
seconds-right at the scene.With highspecificity,the analyzer is non-destructive, non-contact and easy to use.

Court-admissible ResuIts
Handheld Raman analysis is allowed in early
court proceedings. Law enforcement gains
probable cause and the ability to charge
suspects while rapidly moving cases through
the system.

Faster TurnaroundWith backlogs at the crime lab, the time between arrest and early court proceedings
can reach one year in some cases. With
admission of handheld Raman analysis, cases can be prepared for court in a matter of weeks.

Complete Police Reports
A handheld analyzer automatically generates
a tamper-proof report, with test location, time,
result and operator,for inclusion in the investigative file delivered to the prosecuting attorney's office.ReducedBacklogs at the Crime Lab In jurisdictions that permit handheld Raman
analysis,crime labs may enjoy more efficient operation because each field test becomes a screening test, preventing backlogs.

Lower Costs
Giventhe cost per sample at the crime lab, drug testing can run tens of thousands of dollars per month. By deploying a handheld Raman analyzer, law enforcement can realizesubstantial savings over the life of the instrument.

Early Warning Sign
Handheld Raman analysis helps discover novel
synthetic compounds. When these new substances are understood at the lab level, the information is quickly passedback to the analyzer
for positive field ID.

Fast Library UpdatesAs new drug threats emerge,new substances can be added to an analyzer's "fingerprint"
library quickly.These updates are made available
frequently and are typically free of charge.BeyondWet ChemistryKitsWet chemistry kits require multiple steps with user interpretation.Some drugs require multiple chem kits to make the correct call. Handheld Ramanprovides a more accurate and reliable test, and is a total solution.

Leadership and Innovation
Handheld Raman technology helps law
enforcement respond to the rising demands on
police services. The analyzer improves testing
accuracy, speeds prosecution and protects the community- all while reducing costs. © 2016 Thermo Fisher Scientific Inc. All rights reserved. All trademarks are the property of Thermo Fisher Scientific Inc. and its subsidiaries.

Specifications, terms and pricing are subject to change. Not all products are available in all countries. Please consult your local sales representative for details. thermoscientific 85 Item 9.

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: BILL LAGRONE, CITY ADMINISTRATOR
RE: PURCHASE OF 50 APX8500 PORTABLE VEHICLE RADIOS, AND

EQUIPMENT PLUS SOFTWARE TO ENCRYPT RADIOS TO MEET
CURRENT DOJ REQUIREMENTS.

DATE: SEPTEMBER 6, 2022

SUMMARY
The Council will consider authorizing the purchase of 50-APX8500 vehicle radios, and equipment plus the software to encrypt the radios to meet current Department of Justice requirements, in an amount not to exceed $571,245.10

DISCUSSION
The primary radio infrastructure for the Oroville Police Department is Motorola equipment. Based on the proven record of reliability and durability, and our prior commitment to this radio infrastructure, Motorola equipment is identified as the preferred radio manufacturer for the Oroville Police Department.

The Oroville Police Department currently has (5) five voter / receiver sites. These sites are located in various locations scared across the City. All of these sites contain equipment that was installed in 2009. The equipment has become outdated and prone to failure. Over the last few years, the Oroville Police Department has experienced failures of the radio system. Over the last few months several repairs have occurred making the radio system more reliable and less prone for failure, however the quality of radio transmission is significantly diminished causing an Officer safety issue.

The current radio system for the police department is Project 25 (P25) compliant. P25 is a requirement placed upon all public safety agencies to reduce their radio frequency band width; this is commonly referred to as narrow banding. Narrow banding frees up additional radio frequency space. An additional requirement is for all public safety agencies to become interoperable. Interoperability allows Police and Fire to move from one jurisdiction to another and communicate over their safety vehicle radios with all other local, state, and federal agencies.

The Police department would like to move to Butte County’s County wide radio system 86 Item 10.

in efforts to consolidate and streamline communications. To make this move new radios will need to be purchased.

The Police department’s radio network of five towers has several significant issues. 1) Each of the five towers are connected with copper phone lines provided by AT&T.

The failing copper infrastructure provided by AT&T creates quite a few outages and AT&T is in the process of abandoning the copper infrastructure all together.

Moving forward new digital lines will need to be installed which will increase the monthly charges and will not work with the Police Departments analog radio channels but only with the one digital channel.
2) The radio towers are running on radio gear that is not supported by the manufacturer and parts are hard to come by.
3) All of the mobile and portable radios are showing their age and even with the most recent maintenance done on them they do not work as well as they should. These devices are also not fully supported by the manufacturer and parts are getting harder to find.
4) With the acquisition of south Oroville, the Police Department has found a few weak spots in its coverage of the area. To fix these spots a new tower will be needed to be created to completely cover south Oroville with radio coverage.

In an effort to keep a radio system functional and officers able to communicate in the field a new approach is needed. Upgrading and maintaining a city managed system will become costlier and more complicated as the FCC makes changes to radio requirements.

The Police department finds that the county radio system fits the need and in a more costeffective manner.

To move to the county wide radio network mobile radios will need to be purchased. These radios will be “dual-band” so that they will work with the current radio infrastructure, surrounding agencies, and the new county radio system. This will allow the city to make a phased transition to the new radio network.

There were four phases that needed to take place for this to occur.

Phase one – The City of Oroville purchased Motorola portable radios from the Butte County Sheriff’s Department in 2019, that they acquired during the Camp Fire crisis.

Phase two – Purchase mobile radios for the vehicles. A recent quote from our radio vendor puts the cost at $571,245.10 for portable car radios and programing for all radios. 87 Item 10.

Phase three – Sign an agreement with Butte County to utilize the county wide system.

Once an agreement is made the city would pay a onetime license fee of $20,000. This fee would be to license a channel specifically for the Oroville Police Department on Butte County’s radio network.

Phase four – Test and then migrate the Police Department to the county wide radio system. Once the migration is complete the city would have a monthly subscriber fee.

This fee would be for system maintenance fees. For 95 devices, 45 portable radios and 50 mobile radios, the city would be charged an estimated $4,000.00.

Motorola is offering these radios at contract pricing that has previously been bid.

Motorola is the sole source of this specified product. The pricing provided is within normal pricing parameters.

FISCAL IMPACT
These radios were budgeted in the prior year budget 2021-22 and carried over to the current budget. Funding will be from Fund 153, Police Supplemental Law Enforcement Fund for $271,245.10 and Fund 154, Public Safety Augmentation Fund for $300,000.00.

These two funding sources are from the State of California COPS program and a State special tax program.

RECOMMENDATION
Authorize the Police Department to purchase 50 APX8500 Motorola radios and all necessary equipment and software for radios, in an amount not to exceed $571,245.10, as outlined in the attached quotes.

ATTACHMENTS

1. Quote for APX8500 radio and equipment

2. Quote for equipment and software to upgrade handheld radios 88 Item 10.

Quote Date:08/09/2022
Expiration Date:09/01/2022
Quote Created By:

Julia Cole
Julia.Cole@
motorolasolutions.com
End Customer:

OROVILLE, CITY OF
Contract: 17724 - HGAC (TX)-RA05-21
Payment Terms:30 NET
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ Radio Management RADIO MANAGEMENT
1 T7913A RADIO MANAGEMENT
OFFLINE*
1 $0.00 $0.00 $0.00
1a UA00048AA ADD: RADIO MANAGEMENT

LICENSES OFFLINE
50 $110.00 $88.00 $4,400.00
After Market Encryption
Upgrades
2 T7936A APX UCM UPGRADE CD* 1 $57.50 $57.50 $57.50
2a CA00182AR ADD: AES ENCRYPTION

SOFTWARE
45 $696.00 $508.08 $22,863.60
KVL 5000
3 T8476B KVL 5000 1 $6,000.00 $5,400.00 $5,400.00
3a CA00182AW ADD: AES ENCRYPTION

SOFTWARE
1 $0.00 $0.00 $0.00
3b CA03467AA ADD: NORTH AMERICA

MICRO USB CHARGER
100/240V
1 $0.00 $0.00 $0.00
3c CA03358AA ADD: ASTRO 25 MODE 1 $0.00 $0.00 $0.00
FLASHport Series APX8000FLASHPORT
4 T8627A TDMA 1 $0.00 $0.00 $0.00
4a QA09002AC ENH: UHF MHZ BAND FLP 45 $1,100.00 $880.00 $39,600.00 QUOTE-1842980
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

89 Item 10.

Subtotal $72,321.10
$5,966.49
Grand Total $78,287.59(USD)
Notes:
● Additional information is required for one or more items on the quote for an order.

QUOTE-1842980
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

90 Item 10.

Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.

Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)
91 Item 10.

Quote Date:08/09/2022
Expiration Date:09/01/2022
Quote Created By:

Julia Cole
Julia.Cole@
motorolasolutions.com
End Customer:

OROVILLE, CITY OF
Contract: 17724 - HGAC (TX)-RA05-21
Payment Terms:30 NET
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 8500
1 M37TSS9PW1AN APX8500 ALL BAND MP
MOBILE
50 $5,667.00 $4,136.91 $206,845.50
1a GA09007AA ADD: OUT OF THE BOX WIFI

PROVISIONING
50 $0.00 $0.00 $0.00
1b GA00250AA ADD: WIFI/GNSS STUBBY
ANTENNA LMR240
50 $110.00 $80.30 $4,015.00
1c G996AS ENH: OVER THE AIR

PROVISIONING
50 $110.00 $80.30 $4,015.00
1d GA00580AA ADD: TDMA OPERATION 50 $495.00 $361.35 $18,067.50 1e G51AT ENH:SMARTZONE 50 $1,650.00 $1,204.50 $60,225.00 1f G78AT ENH: 3 YEAR ESSENTIAL
SVC
50 $176.00 $176.00 $8,800.00
1g GA09001AA ADD: WI-FI CAPABILITY 50 $330.00 $240.90 $12,045.00 1h G298AS ENH: ASTRO 25 OTAR W/

MULTIKEY
50 $814.00 $594.22 $29,711.00
1i B18CR ADD: AUXILIARY SPKR 7.5

WATT APX
50 $66.00 $48.18 $2,409.00
1j G843AH ADD: AES ENCRYPTION AND
ADP
50 $523.00 $381.79 $19,089.50
1k G89AC ADD: NO RF ANTENNA
NEEDED
50 $0.00 $0.00 $0.00
QUOTE-1842953
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

92 Item 10.

Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 1l G444AH ADD: APX CONTROL HEAD

SOFTWARE
50 $0.00 $0.00 $0.00
1m G67EH ADD: REMOTE MOUNT E5 MP 50 $327.00 $238.71 $11,935.50 1n GA01517AA DEL: NO J600 ADAPTER

CABLE NEEDED
50 $0.00 $0.00 $0.00
1o G806BL ENH: ASTRO DIGITAL CAI OP
APX
50 $567.00 $413.91 $20,695.50
1p GA01670AA ADD: APX E5 CONTROL
HEAD
50 $717.00 $523.41 $26,170.50
1q W22BA ADD: STD PALM

MICROPHONE APX
50 $79.00 $57.67 $2,883.50
1r G361AH ENH: P25 TRUNKING

SOFTWARE APX
50 $330.00 $240.90 $12,045.00
APX™ Control Head/
Mounting Kits/DEK BOX/
Multiplexers
2 H1919B MULTIPLEXER QMA 50 $250.00 $182.50 $9,125.00
3 HAF4017A ADD: ANT 3DB COLLINEAR
762-870MHZ
50 $44.01 $35.20 $1,760.00
4 HAD4022A ANTENNA 132-174 3DB GAIN 50 $70.74 $56.58 $2,829.00 5 HAE6011A ANT 5.0DB GAIN 380-433MHZ 50 $68.04 $54.43 $2,721.50 Subtotal $455,388.00
$37,569.51
Grand Total $492,957.51(USD)
Notes:

QUOTE-1842953
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

93 Item 10.

Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.

Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)
94 Item 10.