Agenda packet — Oroville City Council, December 6, 2022 (part 1 of 2)

December 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 1 of 7

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
December 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/

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

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

2. Attend the meeting in person.

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

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

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

CALL TO ORDER / ROLL CALL
Council Members: David Pittman, Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson, Vice Mayor Scott Thomson, Mayor Chuck Reynolds
1 December 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 2 of 7

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

1. Pursuant to Government Code section 54956.9(a), the Council will meet with the City Administrator, and the City Attorney relating to existing litigation: Albanese v. City of Oroville, United States District Court, Eastern District of California, Case No.2:22-cv-01131.

2. 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 City Administrator

3. Pursuant to Government Code Section 54957(b), the Council will meet with Acting City Administrator, Personnel Officer, and/or City Attorney to consider the evaluation of performance related to the following position: City Administrator/Interim Police Chief

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

3. Adoption of Agenda

PRESENTATIONS AND PROCLAMATIONS

1. Mission Esperanza Presentation by Suzi Kochems
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 - 15 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. APPROVAL OF THE MINUTES
The City Council may approve the minutes of November 15, 2022

RECOMMENDATION
Approve the minutes of November 15, 2022
2 December 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 3 of 7

2. ACCEPTANCE OF THE RESULTS OF THE NOVEMBER 8, 2022 MUNICIPAL ELECTION The City Council is requested to accept the results and adopt a resolution reciting the fact of the General Municipal Election that was consolidated with the Statewide General Election and held on November 8, 2022 and declaring the results and such matters as provided by law.

RECOMMENDATION
Adopt Resolution No. 9111 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 8, 2022 CANVASSING AND DECLARING THE RESULTS AND SUCH MATTERS AS PROVIDED

BY LAW AND PROVIDING FOR THE APPOINTMENT OF THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 8, 2022.

3. PROFESSIONAL SERVICES AGREEMENT WITH SUSANNE KOCHEMS D/B/A SILK

CONSULTING GROUP FOR ADMINISTRATIVE SERVICES RELATED TO THE

ENCAMPMENT RESOLUTION FUNDING GRANT
The City Council may consider a Professional Services Agreement with Suzanne Kochems d/b/a SILK Consulting Group to coordinate, facilitate and manage the Encampment Resolution Grant funding and the associated Mission Esperanza project in coordination and collaboration with the City of Oroville and the Oroville Rescue Mission.

RECOMMENDATION
Adopt Resolution No. 9117 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT WITH SUZANNE KOCHEMS D/B/A SILK CONSULTING GROUP IN THE AMOUNT OF $75,000.00 TO PROVIDE ADMINISTRATION SERVICES IN RELATION TO THE ENCAMPMENT RESOLUTION FUNDING – (Agreement No. 3439)

4. AUTHORIZATION TO PURCHASE THREE NEW FORD F350 DUMP BED TRUCKS FOR

PUBLIC WORKS
The Council will receive information regarding the purchase of (3) 2023 Ford F-350 trucks with dump beds from Oroville Ford as budgeted in the 2022/23 Fiscal Year budget with an adjustment following receipt of the 2023 fleet pricing.

RECOMMENDATION
Authorize the Public Works Division to purchase (3) 2023 Ford F-350 pickup trucks with dump beds from Oroville Ford utilizing State Contract pricing as outlined in the staff report. 3 December 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 4 of 7

5. CONTRACT WITH BUTTE CONSTRUCTION COMPANY FOR ROOF REPLACEMENT,

FACADE REPAIRS, AND PAINT OF THE CENTENNIAL CULTURAL CENTER The Council may consider accepting the proposal from Butte Construction Company and consider approval of project contract for the roof replacement and façade repairs and paint of the Centennial Cultural Center facility.

RECOMMENDATION
Approve Res. No. 9114 - A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING

AND DIRECTING THE MAYOR TO SIGN AND ACCEPT THE PROPOSAL WITH BUTTE

CONSTRUCTION COMPANY AUTHORIZING BUTTE CONSTRUCTION COMPANY TO

COMPLETE THE PROPOSED ROOF REPLACEMENT AND FACADE REPAIRS OF THE CENTENNIAL CULTURAL CENTER IN THE AMOUNT OF $326,701.00 and a 10% contingency in the amount of $32,670.10 should any deficiencies be discovered during the project; and
Authorize and direct staff to sign and accept the proposal from Butte Construction Company, authorizing the proposed roof replacement and façade repairs and improvements of the Centennial Cultural Center, in the amount of $326,701.00 (base bid) and a 10% contingency in the amount of $32,670.10 should any deficiencies be discovered during the project, for a total of $359,371.10.

6. AGREEMENT WITH MELTON DESIGN GROUP, INC. FOR DEVELOPMENT OF A FEATHER

RIVER PARKWAY MASTER CONCEPTUAL PLAN
The Council will consider approval of the agreement with Melton Design Group, Inc. to provide conceptual design and cost services for the Feather River Parkway, from the Feather River Nature Center & Bath House to Bedrock Park at the east side of Hwy 70 in preparation of a 2023 Statewide Parks Grant application round.

RECOMMENDATION
Authorize and direct staff to execute an Agreement with Melton Design Group in the amount of $47,400 to provide conceptual design and cost services for the Feather River Parkway, from the Feather River Nature Center & Bath House to Bedrock Park at the east side of Hwy 70 in preparation of a 2023 Statewide Parks Grant application round.

7. PROJECT TASK ORDERS FOR PROFESSIONAL ENGINEERING AND PLANNING

SERVICES WITH STREAMLINE ENGINEERING
The Council may consider approving Task Orders with Streamline Engineering for structural engineering of two City facility improvement projects.

RECOMMENDATION
Authorize approval of Task Orders with Streamline Engineering for the structural engineering and design of the Kayak Kiosk and the Oroville Convention Center ADA Improvements. 4 December 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 5 of 7

8. W. GILBERT ENGINEERING - TASK ORDER #6 – PSA OROVILLE RESCUE MISSION

PALLET SHELTERS
The Council may consider directing Staff to issue Task Order #6 (TO #6) to W Gilbert Engineering to provide surveying, design, and bid documents for the construction of street improvements, sewer facilities, and drainage facilities at the Oroville Rescue Mission associated with installation of pallet shelters and other housing accoutrements.

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

9. DONATIONS TO THE C.F. LOTT HOME
The City Council may consider acknowledging the receipt of a collection of various items to the C.F. Lott Home.

RECOMMENDATION
Acknowledge receipt of the donations for the C.F. Lott Home and recommend that the City Council accept the donations.

10. DONATIONS TO THE CHINESE TEMPLE
The City Council may consider acknowledging the receipt of a collection of various items to the Chinese Temple.

RECOMMENDATION
Acknowledge receipt of the donations for the Chinese Temple and recommend that the City Council accept the donations.

11. DONATIONS TO THE PIONEER HISTORY MUSEUM
The City Council may consider acknowledging the receipt of a collection of various items to the Pioneer History Museum.

RECOMMENDATION
Acknowledge receipt of the donations for the Pioneer Museum and recommend that the City Council accept the donations.

12. CONSIDER AND APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH KOFF &

ASSOCIATES TO CONDUCT A CITYWIDE COMPENSATION STUDY
The Council may consider and approve the professional services agreement between the City of Oroville and Koff & Associates to conduct a citywide compensation study.

On November 1, 2022, the City Council approved and authorized moving forward with the proposal from Koff & Associates to conduct a citywide compensation study.

RECOMMENDATION
Adopt Resolution No. 9116 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH KOFF AND ASSOCIATES TO CONDUCT A CITYWIDE COMPENSATION STUDY. 5 December 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 6 of 7

13. CORONAVIRUS FISCAL RECOVERY FUNDING, IN AN AMOUNT OF $300,000 FOR THE OROVILLE INN PAYMENT EXTENSION FOR 90 DAYS
The City Council will consider a 90-day extension of loan payment for the Oroville Inn. The Oroville Inn was loaned 300,000 in December of 2021 at 3.2% interest. Loan interest only payments are due annually. The Oroville Inn is in the process of refinancing and needs an additional 60 to 90 days to complete the process

RECOMMENDATION
Approve 90-day loan repayment extension

14. REVISED 2022 PLHA COMPETITIVE GRANT APPLICATION AND RESOLUTION FOR

LINCOLN STREET APARTMENTS PHASE I
The Council may approve the filing of a revised application to the Department of Housing and Community Development (HCD) for $2,500,00 for the new multi-family development of Lincoln Street Family Apartments Phase I.

RECOMMENDATION
Approve the submittal of PLHA Competitive Program grant application for $2,500,000 for Lincoln Street Family Apartments Phase I; and
Authorize staff to implement grant if awarded, and
Adopt Resolution No. 9115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA AUTHORIZING THE APPLICATION FOR THE PERMANENT

LOCAL HOUSING ALLOCATION PROGRAM NONENTITLEMENT LOCAL GOVERNMENT

COMPETITIVE COMPONENT FOR LINCOLN STREET FAMILY APARTMENTS PHASE I IN THE AMOUNT OF $2,500,000.

15. APPROVE AGREEMENT FOR ENCAMPMENT RESOLUTION FUNDING GRANT NUMBER 22-ERF-2-L-10006 AND AUTHORIZE THE EXECUTION OF SUB-RECIPIENT AGREEMENT

WITH OROVILLE RESCUE MISSION FOR MISSION ESPERANZA
The City Council may consider approving an agreement in the amount of $2,733,374.11, with the California Business, Consumer Services and Housing Agency for Encampment Resolution grant number 22-ERF-2-L-10006, funding to support capacity building efforts to provide outreach, housing and supportive services to unsheltered persons residing in the city of Oroville.

Additionally, the City Council may consider authorizing the execution of a sub-recipient agreement with the Oroville Rescue Mission to provide housing and supportive services articulated for Mission Esperanza.

RECOMMENDATION
Adopt Resolution No. 9112- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OROVILLE, CALIFORNIA APPROVING THE GRANT AWARD NUMBER 22-ERF-2-L-10006 OF $2,733,374.11 FOR ENCAMPMENT RESOLUTION FUNDING.

Adopt Resolution No. 9113- A RESOLUTION AUTHORIZING THE EXECUTION OF A SUBRECIPIENT AGREEMENT WITH THE OROVILLE RESCUE MISSION TO PROVIDE THE

NECESSARY HOUSING AND SUPPORTIVE SERVICES IN SUPPORT OF THE ENCAMPMENT RESOLUTION FUNDING.
6 December 06, 2022~4:00 PM Oroville City Council Meeting Agenda Page 7 of 7

REGULAR BUSINESS

16. CONSIDER AND ADOPT THE SIDE LETTER AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE POLICE OFFICER’S ASSOCIATION SWORN AND NONSWORN UNITS The City Council will consider and adopt the side letter agreement between the City of Oroville and the Oroville Police Officer’s Association Sworn and Non-Sworn Units (OPOA).

RECOMMENDATION
Adopt A SIDE LETTER AGREEMENT BETWEEN THE CITY OF OROVILLE AND THE OROVILLE POLICE OFFICERS’ ASSOCIATION - SWORN UNIT AND NON-SWORN UNIT.

17. MUNICIPAL LAW ENFORCEMENT EXPANSION
The Council may consider the expansion of the Municipal Law Enforcement services to bolster patrols City wide to include Parks and Trails

RECOMMENDATION
Authorize the expansion of the Municipal Law Enforcement program to include the hiring of 8 additional Municipal Law Enforcement Officers and the purchasing of equipment as outlined in this staff report.

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on January 3, 2022 at 8:00 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. 7 CITY COUNCIL MEETING
December 6, 2022
8 Item 1.

Encampment Resolution Funding Program -
Background
 In October 2021, the California Homeless Coordinating and Financing Council released a request for application for Encampment Resolution Funding with applications due in December, 2021. The City of Oroville submitted an application by the deadline.  This funding was established to assist local jurisdictions initiate innovative and replicable efforts to resolve encampment concerns and to support individuals in accessing safe and stable housing
 On October 27, 2022, the City of Oroville was awarded $2,733,374.11 in Encampment Resolution Funding (ERF) Program grant funds from the California Interagency Council on Homelessness (Cal ICH). The project is titled “Mission Esperanza”  Two primary objectives for ERF Program projects:

1. Achieve safe and sustainable exits from homelessness for unsheltered residents of a particular encampment area through coordinated services and improved housing options.

2. Facilitate an evaluation of activities and outcomes for the purpose of sharing scalable and replicable encampment resolution models that may be implemented across the state. 9 Item 1.

Encampment Resolution Funding Program -
Background
 In the application, the city, in coordination with the Oroville Rescue Mission, proposed a $2,733,374 program over a three-year period that includes funding for housing navigation, outreach and engagement, congregate and non-congregate shelter options, alternative sheltering options, transportation, access to permanent housing and a variety of mainstream services.
 The proposed program will serve approximately 80 individuals over the duration of the grant term with the majority of those being served in the first year.  The proposed program will build on existing programs within the Mission to support timely implementation and collaborative structures for program sustainability.  The proposed program will focus on the Housing First approach using Trauma Informed practices and a Harm Reduction model.
10 Item 1.

Encampment Resolution Funding Program -
Background
 Housing First approach-simply stated, this approach recognizes that people experiencing homeless should be connected to housing as quickly as possible through programs that remove barriers to accessing housing, like requirements for sobriety or the absence of criminal history.
 Trauma Informed practices-outreach and housing teams will approach clients through a strengths-based lens and provide clients with safety, respect, dignity and choice.  Harm Reduction model-a comprehensive approach to addressing substance use disorders through prevention, treatment and recovery where individuals who use substances set their own goals. This model recognizes that drug and alcohol use and addiction may be a part of a participant’s life, where participants are engaged in nonjudgmental communication regarding their drug/alcohol use, and where the participants are offered education regarding how to avoid risky behaviors and engage in safer practices, including treatment, should they choose. 11 Item 1.

Summary of Key Actions To-date
Request for Application Period
-late October to December 29th, 2021
-City staff and Oroville Rescue Mission staff
gathered input and buy- in from multiple partners to
develop and submit an application to the ERF
Program
Notice of ERF Award and Initial Planning
-October 27, 2022 to November 30, 2022
-Reconnect with proposed partner organizations to
confirm commitment, service plan, and anticipated
costs, as well as completed the project
implementation report and revised budget documents
for Cal ICH
-Review of grant agreements and related documents
Encampment Resolution Project
Planning and Implementation
-December 2022-April 2023
-Prepare an implementation plan including timelines
for completion
-Prepare the project site for additional capacity
-Prepare detailed service agreements, procurement
documents, and policy documents for the ERF
Program project through regular meetings and
12 Item 1.
 Grant agreement with Cal ICH (state agency)
 Sub-recipient agreement with the Oroville
Rescue Mission to support program
operations
 Outreach Workers/ Housing
Navigators/Intake/Transportation (staffing)
 Ongoing service provision & operational costs
(supplies, insurance, cleaning, food, vehicle
maintenance, utilities, shelter, safety, HMIS,
etc.)
 Professional Services agreement for
Project Oversight, Training and Technical
Assistance (consultant)
 Predevelopment Site Prep Work
 Procurement Documents
 General contractor
 Shelter units (96 sq ft Pallet Shelter)
 Transportation vehicle
 Encampment Clean up and Disposal (city staff)
Although the Implementation Report and Plan are being worked on, Staff expects that they will return to Council with updates on the following:

What’s next in the Planning Process?
13 Item 1.

Distribution of Full ERF Award (initial budget)

21.2%

47.4%

26.4%
5%
City of Oroville awarded a grant in the amount of $2,733,374 21%
47%
27%
5%
Fiscal Years 2023-2025
Outreach, Case Mgmt. &
Navigation
Shelter Expansion
Program Operations
Indirect
14 Item 1.

Anticipated Project Milestones
Implementation of all outreach and
engagement services (field)
September-October 2023
Facilitate a safe and sustainable exit from
homelessness to transitional or permanent
housing for first 5 clients
October 2023
Expend at least 50% of entire ERF Program
grant award (≈$1,366,000)
June 30, 2024
• Comprehensive monthly and quarterly reporting on clients and project outcomes will be prepared for Cal ICH
• City staff will share progress on a quarterly basis with City Council and other local stakeholders 15 Item 1.

Questions and Comments
 Suzi Kochems, Consultant
 [email protected]
 (530) 228-7811
16 Item 1.

November 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
November 15, 2022

REGULAR MEETING

MINUTES
This agenda was posted on November 10, 2022. This meeting was recorded and may be viewed at Cityoforoville.org or on YouTube.

CALL TO ORDER / ROLL CALL
Mayor Reynolds opened the meeting at 4pm
PRESENT: Council Members: David Pittman (4:04pm Arrival), Eric Smith, Krysi Riggs, Art Hatley, Janet Goodson (Absent 4:34-4:36pm), Vice Mayor Scott Thomson (Left at 5:27pm), Mayor Chuck Reynolds
STAFF: City Administrator Tom Lando, Assistant City Clerk Jackie Glover, Director of Business Assistance and Housing Amy Bergstrand, Police Chief Bill LaGrone, Director of Code Enforcement Ron Belser, City Attorney Scott, Assistant City Administrator Ruth Duncan, Assistant Community Development Director Dawn Nevers, Recycling Coordinator Damon Robison, City Treasurer Karolyn Fairbanks.

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

1. Pursuant to Government Code Section 54957(b), the Council met with the City Administrator and the Personnel Officer related to the following positions: Police Chief and City Administrator

OPEN SESSION

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

2. Pledge of Allegiance – Led by Mayor Reynolds

3. Adoption of Agenda – Motion by Vice Mayor Thomson and seconded by Council Member Riggs to adopt the agenda. Motion passed.

AYES: Hatley, Smith, Pittman, Riggs, Thomson, Reynolds
NOES: None
ABSENT: Goodson
ABSTAIN: None
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
Individuals who spoke on non-agenda items:
 Annie Terry
 Bill Speer
17 Item 1.

November 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 2 of 5 Individuals who spoke on agenda items:
 Marci Walton and Amy Jernigan – Item 10

CONSENT CALENDAR
Motion by Council Member Goodson and second by Council Member Smith to approve the consent calendar excluding items 2, 3, and 4. Motion passed.

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

1. APPROVAL OF THE MINUTES
The City Council approved the Minutes of November 1, 2022.

5. RAINFOREST ART PROJECT AGREEMENT FOR THE ART WALL ALONG TABLE MOUNTAIN BLVD.

The Oroville City Council approved a three-year agreement with the Rainforest Art Project for the Great Feather River Mosaic Murals Project along Table Mountain Boulevard.

6. AMENDMENT NO. 1 TO THE AGREEMENT WITH WES ERVIN & ASSOCIATES, PLANNING

SERVICES
The Council approved an amendment to the agreement with Wes Ervin & Associates, for contract Planning Services by adopting Agreement No. 3349-1 A Services Agreement Amendment to the professional Contract Planning Services by and between the City of Oroville and Wes Ervin & Associates.

7. AGREEMENT WITH BRANDLEY ENGINEERING FOR CONSULTING SERVICES FOR THE

OROVILLE MUNICIPAL AIRPORT
The Council adopted Resolution No. 9107 – A RESOLUTION OF THE OROVILLE CITY

COUNCIL AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT

WITH BRANDLEY ENGINEERING FOR CONSULTING SERVICES FOR THE OROVILLE MUNICIPAL AIRPORT – (Agreement No. 3322-3).

8. APPROVAL OF INVOICE FROM ST. FRANCIS ELECTRIC FOR INSTALLATION OF ADA CURB RAMPS AT MYERS ST. AND MITCHELL AVE.

The Council authorized staff to process the invoice from St. Francis Electric for the installation of ADA curb ramps at Myers St. and Mitchell Ave. for the sum of $12,700.00

9. 2022 PLHA COMPETITIVE GRANT APPLICATION FOR LINCOLN STREET APARTMENTS

PHASE I AND PHASE II
The Council approved the submittal of PLHA Competitive Program grant application for $1,700,000 for Lincoln Street Family Apartments Phase I; and approved the submittal of PLHA Competitive grant application for $2,500,000 for Lincoln Street Senior Apartments Phase II; authorized staff to implement grant if awarded; and adopted Resolution No. 9109 - A

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

AUTHORIZING THE APPLICATION FOR THE PERMANENT LOCAL HOUSING ALLOCATION

PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT COMPETITIVE COMPONENT FOR 18 Item 1.

November 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 3 of 5 LINCOLN STREET FAMILY APARTMENTS PHASE I IN THE AMOUNT OF $1,700,000; and adopt Resolution No. 9110 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA AUTHORIZING THE APPLICATION FOR THE PERMANENT

LOCAL HOUSING ALLOCATION PROGRAM NON-ENTITLEMENT LOCAL GOVERNMENT

COMPETITIVE COMPONENT FOR LINCOLN STREET SENIOR APARTMENTS PHASE I IN THE AMOUNT OF $2,500,000.

Council Member Pittman recused himself from the room for item 4.

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

SERVICES
The Council considered a design contract amendment for the SR 162 ATP Project to complete additional survey, signal modifications, and right-of-way (ROW) impact cure (parking lot design) for businesses. This additional work is required by Caltrans for the City to receive encroachment permit and required to cure parking impacts to businesses due to the new sidewalk and ROW acquisition.

Motion by Council Member Riggs and seconded by Council Member Goodson to approve Amendment No. 3 for Mark Thomas & Company, Inc. Motion passed.

AYES: Hatley, Smith, Goodson, Riggs, Thomson, Reynolds
NOES: None
ABSTAIN: None
ABSENT: Pittman (Recused)
Council Member Pittman returned to the meeting after item 4 was completed.

Council Member Smith recused himself from items number 3.

3. AUTHORIZE TO AWARD CONTRACT FOR TREE PRUNING SERVICES The Council awarded a contract for tree pruning services within the City’s public right of way to Tree of Life Services in an amount not to exceed $1,450 per day or $120,000.00 annually.

Motion by Vice Mayor Thomson and seconded by Council Member Riggs to authorize Staff to award the bid and sign a contract for tree pruning services within the City’s public right of way with Tree of Life Services
AYES: Pittman, Goodson, Riggs, Thomson, Reynolds
NOES: Hatley
ABSTAIN: None
ABSENT: Smith (Recused)
Council Member Smith returned to the meeting after item 3 was complete.

2. ADOPTION OF THE LAST YAHI INDIAN LANDMARK
The Council reviewed and considered approval of the adoption of California Historical Landmark No. 809, “The Last Yahi Indian” by the Native Sons of the Golden West.

Motion by Council Member Smith and seconded by Council Member Riggs to approve the adoption of The Last Yahi Indian Landmark following the Adopt A Park guidelines. Motion passed.
19 Item 1.

November 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 4 of 5 AYES: Hatley, Smith, Pittman, Goodson, Riggs, Thomson, Reynolds NOES: None
ABSTAIN: None
ABSENT: None

REGULAR BUSINESS

10. RECOLOGY OF BUTTE COLUSA COUNTY FRANCHISE AGREEMENT AMENDMENT AND

SERVICE RATE INCREASE FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, RECYCLABLES AND ORGANICS AS REQUIRED BY SB 1383
The Council received information and considered approving a new franchise agreement with Recology of Butte Colusa County to include the recent CalRecycle mandates for AB 341, AB 1826, and SB 1383 in addition to the service rate increase of 12% for the purchase of one new truck to (with driver) and containers with the expanded organics collection services required by SB 1383.

Motion by Council Member Goodson and seconded by Council Member smith to approve an amended resolution No. 9108 related to agreement 3436. Motion passed.

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

11. REQUEST FOR COUNCIL DIRECTION TO PROCURE DRAWINGS FOR THE SANK PARK FENCE
The Council received information of procurement of fence drawing for the Sank Park fence as requested by City Council.

Motion by Council Member Riggs and second by Council Member Goodson to directed staff to develop required detailed drawings for the fence and send out a new RFP. Motion passed.

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

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
a. Riggs – Announced the January 18-20 – New Mayor and Council Training and Downtown Business Association upcoming events
b. Smith – Spoke about the Parade of Lights December 10th; mentioned he attended South Oroville Historical Society Event
c. Pittman – Mentioned a Housing Project Meeting for Lincoln St. with the Richmond Group
d. Reynolds – Mentioned the Veterans Day Parade and gave thanks to all the groups and individuals who made the event a success

2. Future Agenda Items
a. Pittman – Striping of Streets,
b. Thomson/Goodson – Phone System
c. Hatley – security of town and parks

3. Administration Reports
20 Item 1.

November 15, 2022~4:00 PM Oroville City Council Meeting Minutes Page 5 of 5 a. Lando – Chico and Redding use private security and he is researching other cities who use it as well; provided a SB 1439 update and explanation b. Nevers – Mentioned the ODBA holiday decorations and that Sierra Pacific Industries donated the city Christmas Tree; Mentioned that the Monthly Report was attached to the agenda packet.
c. Duncan – Provided a Solar Loan payment update; mentioned the Cal Pers Conference and stated that updates are coming; spoke about 2 Vacancies in Finance and gave a Payroll Software update,
d. Belser – Provided a Housing Navigator update and gave a general department update including staffing.
e. LaGrone – Gave a Police Department update and spoke about staffing. f. Departmental Reports for Council Update October 2022 (Written Report) g. Police Department Monthly Report for October 2022 (Written Report)

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

APPROVED: ATTESTED:
___________________________________ ___________________________________ Mayor Chuck Reynolds Assistant City Clerk Jackie Glover 21 Item 1.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: JACKIE GLOVER, ASSISTANT CITY CLERK
RE: ACCEPTANCE OF THE RESULTS OF THE NOVEMBER 8, 2022

MUNICIPAL ELECTION
DATE: DECEMBER 06, 2022

SUMMARY
The City Council is requested to accept the results and adopt a resolution reciting the fact of the General Municipal Election that was consolidated with the Statewide General Election and held on November 8, 2022 and declaring the results and such matters as provided by law.

DISCUSSION
The City of Oroville Municipal Election was consolidated with the Statewide General Election and held on November 8, 2022 for the purpose of electing a Mayor, a treasurer, and three (3) City Council Members, one each for Districts A, B, F, each to serve a four-year term of office.

The Statement of Vote reports the following results for city offices:
 David Pittman, Mayor
 Tracy Johnstone, Council Member District A
 Shawn Webber, Council Member District F
 Karolyn Fairbanks, Treasurer
The following person is appointed to the office to which he was nominated, and is considered to be the same as being elected pursuant to 10229(a)(3) of the Election Code:
 Eric Smith, Council Member, District B

FISCAL IMPACT
The County of Butte conducted the municipal election and will bill the City of Oroville for its respective costs for the election process. Cost is still unknown at this time.

RECOMMENDATION
Adopt Resolution No. 9111 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

OROVILLE, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 8, 22 Item 2.

Page 2 ends

2022 CANVASSING AND DECLARING THE RESULTS AND SUCH MATTERS AS

PROVIDED BY LAW AND PROVIDING FOR THE APPOINTMENT OF THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 8, 2022.

ATTACHMENTS

1. Resolution No. 9111

2. Butte County Clerk/Recorder Certification
23 Item 2.

Page 1 of 3 ends

CITY OF OROVILLE
RESOLUTION NO. 9111

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

RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD ON NOVEMBER 8, 2022

CANVASSING AND DECLARING THE RESULTS AND SUCH MATTERS AS PROVIDED

BY LAW AND PROVIDING FOR THE APPOINTMENT OF THE OFFICES OF THIS CITY THAT WERE TO BE ELECTED ON TUESDAY, NOVEMBER 8, 2022.

WHEREAS, a General Municipal Election consolidated with the Statewide General Election was held and conducted in the City of Oroville, California, on Tuesday, November 8, 2022, as required by law; and
WHEREAS, notice of the election was given in time, form and manner as provided by law; voting precincts were properly established; election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections; and WHEREAS, the County Election Department canvassed the returns of the election and has certified the results to this City Council. The results are received, attached and made a part hereof as Exhibit “A”.

WHEREAS, pursuant to 10229 of the Election Code of the State of California, as of the close of the nomination period on August 12, 2022, there are not more candidates than offices to be elected in District B and that 10229 of the Election code allows the City Council to appoint to the office the person who has been nominated.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Oroville, does resolve, declare, determine and order as follows:

Section 1: That the election results set forth in Exhibit A are accepted by the City Council.

Section 2. That the names of persons voted for at the election for Mayor were:

DAVID PITTMAN

CHUCK REYNOLDS
That the names and persons voted for at the election for District A were:

TRACY JOHNSTONE

ART HATLEY
That the names and persons nominated for election for District B were:

ERIC SMITH
24 Item 2.

Page 2 of 3 ends

That the names and persons voted for at the election for District F were:

SHAWN WEBER

NATALIE SHEARD
That the names and persons voted for at the election for Treasurer were:

KAROLYN FAIRBANKS

AUGUST LINCOLN
Section 3: That the City Council does declare and determine that the following were elected for the full term of four years:
1) David Pittman, Mayor
2) Karolyn Fairbanks, Treasurer
3) Tracy Johnstone, City Council Member, District A
4) Shawn Weber, City Council Member, District F
That following person is appointed to the office to which he was nominated, and is considered to be the same as being elected pursuant to 10229(a)(3) of the Election Code:
1) Eric Smith, City Council Member, District B
Section 4: The City Clerk shall enter on the records of the City Council of the City the results from the county as set forth in Exhibit A showing the whole number of votes cast in the City, the name of the persons voted for, what office each person voted for, and the number of votes given at each precinct to each person.

Section 5: The person appointed, shall qualify and take office and serve exactly as if elected at a municipal election for office.

Section 6: That the City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and Authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have the subscribe to it and file it in the office of the City Clerk. Each and all of the persons elected and appointed shall then be inducted into the respective office to which they have been elected.

Section 7. The City Clerk shall attest to the adoption of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on December 6, 2022 by the following vote:
25 Item 2.

Page 3 of 3 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 26 Item 2.
27 Item 2.

Candidate Party Total
BRIAN DAHLE REP 40,939 56.51%
GAVIN NEWSOM DEM 31,502 43.49%
Total Votes 72,441
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Governor (Vote for 1)
Candidate Party Total
ANGELA E. UNDERWOOD
JACOBS REP 39,007 54.47%
ELENI KOUNALAKIS DEM 32,611 45.53%
Total Votes 71,618
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Lieutenant Governor (Vote for 1)
Voters Cast: 73,211 of 123,929 (59.07%)
Election Summary Report
Butte
Summary for: All Contests, All Districts, All Tabulators, All Counting Groups Final Election Results
November 08, 2022
General Election
Elector Group Counting Group Voters Cast Registered Voters Turnout Total Live 12 0.01%
VBM 72,222 58.28%
Provisional 977 0.79%
Total 73,211 123,929 59.07%
Page: 1 of 16 11/23/2022 5:01:22 PM
28 Item 2.

Candidate Party Total
ROB BERNOSKY REP 38,544 53.94%
SHIRLEY N. WEBER DEM 32,915 46.06%
Total Votes 71,459
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Secretary of State (Vote for 1)
Candidate Party Total
MALIA M. COHEN DEM 30,817 43.48%
LANHEE J. CHEN REP 40,057 56.52%
Total Votes 70,874
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Controller (Vote for 1)
Candidate Party Total
FIONA MA DEM 32,159 45.33%
JACK M. GUERRERO REP 38,790 54.67%
Total Votes 70,949
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Treasurer (Vote for 1)
Candidate Party Total
ROB BONTA DEM 32,130 45.64%
NATHAN HOCHMAN REP 38,262 54.36%
Total Votes 70,392
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Attorney General (Vote for 1)
Page: 2 of 16 11/23/2022 5:01:22 PM
29 Item 2.

Candidate Party Total
ROBERT HOWELL REP 37,561 53.64%
RICARDO LARA DEM 32,467 46.36%
Total Votes 70,028
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Insurance Commissioner (Vote for 1)
Candidate Party Total
JOSE S. ALTAMIRANO DEM 29,940 42.62%
TED GAINES REP 40,301 57.38%
Total Votes 70,241
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Member State Board Equalization 1st District (Vote for 1) Candidate Party Total
ALEX PADILLA DEM 33,467 46.71%
MARK P. MEUSER REP 38,183 53.29%
Total Votes 71,650
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
United States Senator (Vote for 1)
Candidate Party Total
ALEX PADILLA DEM 33,276 46.57%
MARK P. MEUSER REP 38,181 53.43%
Total Votes 71,457
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
United States Senator, Partial Term (Vote for 1)
Page: 3 of 16 11/23/2022 5:01:22 PM
30 Item 2.

Candidate Party Total
MAX STEINER DEM 35,503 49.12%
DOUG LAMALFA REP 36,776 50.88%
Total Votes 72,279
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
U. S. Representative 1st District (Vote for 1)
Candidate Party Total
JAMES GALLAGHER REP 41,417 57.72%
DAVID LEON ZINK DEM 30,337 42.28%
Total Votes 71,754
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Member State Assembly 3rd District (Vote for 1)
Candidate Party Total
Yes 35,852 60.15%
No 23,754 39.85%
Total Votes 59,606
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
CJ Supreme Court Patricia Guerrero (Vote for 1)
Candidate Party Total
Yes 35,035 59.69%
No 23,659 40.31%
Total Votes 58,694
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
AJ Supreme Court Goodwin H. Liu (Vote for 1)
Page: 4 of 16 11/23/2022 5:01:22 PM
31 Item 2.

Candidate Party Total
Yes 34,726 59.77%
No 23,371 40.23%
Total Votes 58,097
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
AJ Supreme Court Martin J. Jenkins (Vote for 1)
Candidate Party Total
Yes 33,560 58.18%
No 24,126 41.82%
Total Votes 57,686
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
AJ Supreme Court Joshua P. Groban (Vote for 1)
Candidate Party Total
Yes 34,866 61.56%
No 21,771 38.44%
Total Votes 56,637
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
AJ Appellate Court 3rd Dist Stacy Boulware Eurie (Vote for 1) Candidate Party Total
Yes 33,239 58.65%
No 23,438 41.35%
Total Votes 56,677
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
AJ Appellate Court 3rd Dist Laurie M. Earl (Vote for 1) Page: 5 of 16 11/23/2022 5:01:22 PM
32 Item 2.

Candidate Party Total
Yes 34,979 62.34%
No 21,130 37.66%
Total Votes 56,109
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
AJ Appellate Court 3rd Dist Harry E. Hull, Jr. (Vote for 1) Candidate Party Total
Yes 33,147 58.98%
No 23,049 41.02%
Total Votes 56,196
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
AJ Appellate Court 3rd Dist Peter A. Krause (Vote for 1) Candidate Party Total
LANCE RAY CHRISTENSEN 26,178 44.25%
TONY K. THURMOND 32,987 55.75%
Total Votes 59,165
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
State Superintendent of Public Instruction (Vote for 1) Candidate Party Total
SEAN AVRAM 488 22.10%
MELISSA A. ATTEBERRY 757 34.28%
M. AMERICA NAVARRO 488 22.10%
VAUGHNA SCHOOLER 475 21.51%
Total Votes 2,208
Total
Unresolved Write-In 0
Total
Times Cast 1,254 / 2,037 61.56%
Biggs Unified School Board Member (Vote for 3)
Page: 6 of 16 11/23/2022 5:01:22 PM
33 Item 2.

Candidate Party Total
SCOTT THOMPSON 2,645 40.38%
REBECCA KONKIN 3,906 59.62%
Total Votes 6,551
Total
Unresolved Write-In 0
Total
Times Cast 7,560 / 13,214 57.21%
Chico Unified School Board Member TA 1 (Vote for 1)
Candidate Party Total
MATT TENNIS 3,378 42.29%
THOMAS M. LANDO 4,610 57.71%
Total Votes 7,988
Total
Unresolved Write-In 0
Total
Times Cast 8,858 / 14,380 61.60%
Chico Unified School Board Member TA 4 (Vote for 1)
Candidate Party Total
EILEEN L. ROBINSON 4,924 50.98%
LOGAN WILSON 4,735 49.02%
Total Votes 9,659
Total
Unresolved Write-In 0
Total
Times Cast 11,010 / 16,493 66.76%
Chico Unified School Board Member TA 5 (Vote for 1)
Candidate Party Total
JENNIE M. DUBOSE 1,199 36.10%
LANCE R. SMITH 816 24.57%
BUZZ LANDON 1,306 39.33%
Total Votes 3,321
Total
Unresolved Write-In 0
Total
Times Cast 2,418 / 3,559 67.94%
Durham Unified School Board Member (Vote for 2)
Page: 7 of 16 11/23/2022 5:01:22 PM
34 Item 2.

Candidate Party Total
JOSEPH H. DEWSNUP 1,397 26.98%
STACY ANTHONY 1,017 19.64%
DREW BECKER 1,715 33.13%
KIRSTEN STORNE-PIAZZA 1,048 20.24%
Total Votes 5,177
Total
Unresolved Write-In 0
Total
Times Cast 3,306 / 6,084 54.34%
Gridley Unified TA 2 School Board Member (Vote for 2)
Candidate Party Total
BRETT BUTLER 65 53.28%
SETH STEMEN 57 46.72%
Total Votes 122
Total
Unresolved Write-In 0
Total
Times Cast 178 / 300 59.33%
Marysville Jt Unified TA 4 School Board Member (Vote for 1) Candidate Party Total

BRENDA ROACH
DONNAHOE 178 33.84%
MARC TILLOTSON 130 24.71%
JAKE WILSON 218 41.44%
Total Votes 526
Total
Unresolved Write-In 0
Total
Times Cast 352 / 594 59.26%
Manzanita School Board Member (Vote for 2)
Page: 8 of 16 11/23/2022 5:01:22 PM
35 Item 2.

Candidate Party Total
JUSTIN K. YOUNGER 874 24.81%
WILLIAM BYNUM 684 19.42%
CODY NISSEN 1,021 28.98%
KIMBERLY TYLER 944 26.80%
Total Votes 3,523
Total
Unresolved Write-In 0
Total
Times Cast 2,033 / 4,163 48.83%
Palermo School Board Member (Vote for 3)
Candidate Party Total
MARK MCCLARREN 956 56.24%
LORETTA LONG 744 43.76%
Total Votes 1,700
Total
Unresolved Write-In 0
Total
Times Cast 2,033 / 4,163 48.83%
Palermo School Board Member, Short Term (Vote for 1)
Candidate Party Total
ROBERT E. STEVENS 1,023 21.04%
DARLENE FULTZ 1,338 27.51%
MARK W. WALKER 1,232 25.33%
JAYMES LACKEY 1,270 26.12%
Total Votes 4,863
Total
Unresolved Write-In 0
Total
Times Cast 2,678 / 5,812 46.08%
Thermalito School Board Member (Vote for 3)
Page: 9 of 16 11/23/2022 5:01:22 PM
36 Item 2.

Candidate Party Total
BRIAN BASSETT 308 28.36%
EDMUND PUNZO 172 15.84%
CHUCK NUCHOLS 316 29.10%
JAMES THEO "BO"
SHEPPARD 290 26.70%
Total Votes 1,086
Total
Unresolved Write-In 0
Total
Times Cast 517 / 946 54.65%
Biggs City Council Member (Vote for 3)
Candidate Party Total
MICHAEL BUCK 228 50.67%
ANITA WILKS 222 49.33%
Total Votes 450
Total
Unresolved Write-In 0
Total
Times Cast 517 / 946 54.65%
Biggs City Council Member, Short Term (Vote for 1)
Candidate Party Total
KASEY REYNOLDS 2,470 55.79%
MORGAN KENNEDY 1,957 44.21%
Total Votes 4,427
Total
Unresolved Write-In 0
Total
Times Cast 4,751 / 8,062 58.93%
Chico City Council DIST 2 (Vote for 1)
Candidate Party Total
NICHOLE NAVA 1,710 42.30%
ADDISON WINSLOW 2,333 57.70%
Total Votes 4,043
Total
Unresolved Write-In 0
Total
Times Cast 4,402 / 7,760 56.73%
Chico City Council DIST 4 (Vote for 1)
Page: 10 of 16 11/23/2022 5:01:22 PM
37 Item 2.

Candidate Party Total
TOM VAN OVERBEEK 3,441 58.77%
JESICA GIANNOLA 2,414 41.23%
Total Votes 5,855
Total
Unresolved Write-In 0
Total
Times Cast 6,338 / 9,515 66.61%
Chico City Council DIST 6 (Vote for 1)
Candidate Party Total
DALE BENNETT 3,156 51.92%
MONICA MCDANIEL 2,922 48.08%
Total Votes 6,078
Total
Unresolved Write-In 0
Total
Times Cast 6,704 / 10,333 64.88%
Chico City Council DIST 3 (2020), Short Term (Vote for 1) Candidate Party Total
CHUCK REYNOLDS 2,119 48.77%
DAVID PITTMAN 2,226 51.23%
Total Votes 4,345
Total
Unresolved Write-In 0
Total
Times Cast 4,564 / 9,595 47.57%
Oroville City Mayor (Vote for 1)
Candidate Party Total
ART HATLEY 272 45.26%
TRACY JOHNSTONE 329 54.74%
Total Votes 601
Total
Unresolved Write-In 0
Total
Times Cast 661 / 1,469 45.00%
Oroville City Council DIST A (Vote for 1)
Page: 11 of 16 11/23/2022 5:01:22 PM
38 Item 2.

Candidate Party Total
NATALIE SHEARD 306 48.04%
SHAWN WEBBER 331 51.96%
Total Votes 637
Total
Unresolved Write-In 0
Total
Times Cast 671 / 1,584 42.36%
Oroville City Council DIST F (Vote for 1)
Candidate Party Total
KAROLYN FAIRBANKS 3,001 76.38%
AUGUST LINCOLN 928 23.62%
Total Votes 3,929
Total
Unresolved Write-In 0
Total
Times Cast 4,564 / 9,595 47.57%
Oroville City Treasurer (Vote for 1)
Candidate Party Total
STUART LEE BANNISTER 1,190 21.11%
STEVE CROWDER 2,700 47.90%
RON LASSONDE 1,747 30.99%
Total Votes 5,637
Total
Unresolved Write-In 0
Total
Times Cast 3,938 / 5,916 66.57%
Paradise Town Council Member (Vote for 2)
Page: 12 of 16 11/23/2022 5:01:22 PM
39 Item 2.

Candidate Party Total
DONNA YUTZY 1,939 11.75%
MARY BELLEFEUILLE 4,341 26.31%
STEVE RODOWICK 3,662 22.20%
WILLIAM "BILL" H. REEVES 1,401 8.49%
ALBERT "AL" MC GREEHAN 3,256 19.74%
KATHLEEN T. HIATT 1,899 11.51%
Total Votes 16,498
Total
Unresolved Write-In 0
Total
Times Cast 8,076 / 12,834 62.93%
Paradise Recreation & Park Director (Vote for 3)
Candidate Party Total
TONY EVERTS 2,554 42.59%
JENNI GOODLIN 3,443 57.41%
Total Votes 5,997
Total
Unresolved Write-In 0
Total
Times Cast 8,076 / 12,834 62.93%
Paradise Recreation & Park Director, Short Term (Vote for 1) Candidate Party Total
DOUGLAS J. NEILSON 20 27.03%
ALTON WRIGHT 48 64.86%
RENEE WOOD 6 8.11%
Total Votes 74
Total
Unresolved Write-In 0
Total
Times Cast 81 / 146 55.48%
North Yuba Water District, Div 1, Short Term (Vote for 1) Page: 13 of 16 11/23/2022 5:01:22 PM
40 Item 2.

Candidate Party Total
TOD HICKMAN 3,391 47.36%
BRAD HEMSTALK 3,769 52.64%
Total Votes 7,160
Total
Unresolved Write-In 0
Total
Times Cast 7,896 / 13,244 59.62%
South Feather Water & Power Director Division 1 (Vote for 1) Candidate Party Total
Yes 41,855 59.01%
No 29,072 40.99%
Total Votes 70,927
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Proposition 1 (Vote for 1)
Candidate Party Total
Yes 21,989 31.25%
No 48,375 68.75%
Total Votes 70,364
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Proposition 26 (Vote for 1)
Candidate Party Total
Yes 10,908 15.35%
No 60,169 84.65%
Total Votes 71,077
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Proposition 27 (Vote for 1)
Page: 14 of 16 11/23/2022 5:01:22 PM
41 Item 2.

Candidate Party Total
Yes 42,818 60.38%
No 28,098 39.62%
Total Votes 70,916
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Proposition 28 (Vote for 1)
Candidate Party Total
Yes 16,478 23.38%
No 54,015 76.62%
Total Votes 70,493
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Proposition 29 (Vote for 1)
Candidate Party Total
Yes 29,376 41.32%
No 41,716 58.68%
Total Votes 71,092
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Proposition 30 (Vote for 1)
Candidate Party Total
Yes 39,346 55.47%
No 31,590 44.53%
Total Votes 70,936
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Proposition 31 (Vote for 1)
Page: 15 of 16 11/23/2022 5:01:22 PM
42 Item 2.

Candidate Party Total
Bonds - Yes 1,922 60.19%
Bonds - No 1,271 39.81%
Total Votes 3,193
Total
Unresolved Write-In 0
Total
Times Cast 3,306 / 6,084 54.34%
Measure J: Gridley Unified School Bond (Vote for 1)
Candidate Party Total
Yes 49,121 71.25%
No 19,822 28.75%
Total Votes 68,943
Total
Unresolved Write-In 0
Total
Times Cast 73,211 / 123,929 59.07%
Measure K: Butte County Abandoned Vehicle Abatement Program (Vote for 1) Candidate Party Total
Yes 17,320 52.72%
No 15,530 47.28%
Total Votes 32,850
Total
Unresolved Write-In 0
Total
Times Cast 34,070 / 57,679 59.07%
Measure H: City Of Chico Sales And Use Tax Measure (Vote for 1) Candidate Party Total
Yes 18,934 60.08%
No 12,582 39.92%
Total Votes 31,516
Total
Unresolved Write-In 0
Total
Times Cast 34,070 / 57,679 59.07%
Measure L: City Of Chico Public Nuisance Measure (Vote for 1) Page: 16 of 16 11/23/2022 5:01:22 PM
43 Item 2.

Page 1 ends

CITY OF OROVILLE

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

BUSINESS ASSISTANCE/HOUSING DEVELOPMENT
RE: PROFESSIONAL SERVICES AGREEMENT WITH SUSANNE KOCHEMS

D/B/A SILK CONSULTING GROUP FOR ADMINISTRATIVE SERVICES

RELATED TO THE ENCAMPMENT RESOLUTION FUNDING GRANT
DATE: DECEMBER 6, 2022

SUMMARY
The City Council may consider a Professional Services Agreement with Suzanne Kochems d/b/a SILK Consulting Group to coordinate, facilitate and manage the Encampment Resolution Grant funding and the associated Mission Esperanza project in coordination and collaboration with the City of Oroville and the Oroville Rescue Mission.

DISCUSSION
In December 2021, City staff, in partnership with the Oroville Rescue Mission submitted a competitive application and was awarded $2,733,374.11 in Encampment Resolution Funding in October 2022 under Round 2 Lookback funds.

The ERF provides one-time, competitive grant funds to local jurisdictions to fund local demonstration projects that feature date-informed, innovative service delivery models and cross systems collaborations that support individuals experiencing homelessness in encampments towards a meaningful path to safe and stable housing through lowbarrier, Housing First approaches.

Due to the nature of the funding and the City’s inexperience in administering services to the homeless population, Staff is seeking authorization from Council to enter into an agreement with Suzanne Kochems d/b/a SILK Consulting Group to assist the City and the Oroville Rescue Mission with the administration of the Mission Esperanza project.

Mrs. Kochems has over 27 years’ experience serving public and private agencies with grant writing, program development and implementation, continuum of care administration, contracts and procurement, resource development, strategic planning and professional development. Mrs. Kochems will provide the Scope of Work:
44 Item 3.

Page 2 ends

1. Provide training and technical assistance to the Project

2. Serve as liaison between the City of Oroville and the Oroville Rescue Mission and between the Project and the funder (Cal ICH)

3. Prepare all documents related to grant administration, including program narrative, program reports, budgets, quarterly and final reports, RFPs, correspondence, contracts, etc.

4. Communicate with the city council, partners and supporters the progress and accomplishments of the Project

5. Hold responsibility for other duties/tasks that arise in conjunction with the implementation of grant funds and the capacity building of shelter programming
City staff will waive the $1,000,000 vehicle insurance limit requirement and allow for a $300,000 limit because Mrs. Kochems does not drive in the course of her work for the City.

FISCAL IMPACT
Funding will be provided from the Encampment Resolution Funding Grant, 22-ERF-2-L10006.

RECOMMENDATION
Adopt Resolution No. 9117 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL

SERVICES AGREEMENT WITH SUZANNE KOCHEMS D/B/A SILK CONSULTING GROUP IN THE AMOUNT OF $75,000.00 TO PROVIDE ADMINISTRATION SERVICES IN RELATION TO THE ENCAMPMENT RESOLUTION FUNDING – (Agreement No. 3439)

ATTACHMENTS
A – Resolution No. 9117
B – Agreement No. 3439
45 Item 3.

CITY OF OROVILLE
RESOLUTION NO. 9117

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING

THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH SUZANNE KOCHEMS D/B/A SILK CONSULTING GROUP IN THE AMOUNT OF $75,000

TO PROVIDE ADMINISTRATION SERVICES IN RELATION TO THE ENCAMPMENT RESOLUTION FUNDING.
(Agreement No. 3439)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a professional agreement with Suzanne Kochems d/b/a SILK Consulting Group in the amount of $75,000 to provide Administration Services in relation to the Encampment Resolution Funding. A copy of the agreement is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on December 6, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
_______________________________
Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:
______________________________ _______________________________ Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 46 Item 3.
1 PROFESSIONAL SERVICES AGREEMENT
(Agreement No. 3439)
Contract Description: Coordinate, facilitate and manage the Encampment Resolution Grant funding and the associated Mission Esperanza project in coordination and collaboration with the City of Oroville and the Oroville Rescue Mission.

THIS AGREEMENT is made at Oroville City, California, as of December 6, 2022 by and between the City of Oroville, ("City"), and Suzanne Kochems d/b/a SILK Consulting Group ("Contractor"), who agree as follows:

1. Services Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the services described in Exhibit A. Contractor shall provide said services at the time, place, and in the manner specified in Exhibit A.

2. Payment City shall pay Contractor for services rendered pursuant to this Agreement at the time and in the amount set forth in Exhibit B. The payment specified in Exhibit B shall be the only payment made to Contractor for services rendered pursuant to this Agreement. Contractor shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures which Contractor uses for billing clients similar to City. The amount of the contract shall not exceed Seventy-Five Thousand Dollars ($75,000.00).

3. Term This Agreement shall commence on November 1, 2022. All services required to be provided by this Agreement shall be completed and ready for acceptance no later than the Agreement Termination Date of: October 31, 2025.

4. Facilities, Equipment and Other Materials Contractor shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for furnishing services pursuant to this Agreement.

5. Exhibits All exhibits referred to herein and attached hereto are incorporated herein by this reference.

6. Electronic Signatures The parties acknowledge and agree that this Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed or emailed versions of an original signature or electronically scanned and transmitted versions (e.g., via pdf) of an original signature.

7. Time for Performance Time is of the essence. Failure of Contractor to perform any services within the time limits set forth in Exhibit A or elsewhere in this Agreement shall constitute material breach of this contract. Contractor shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for the satisfactory performance of Contractor's obligations pursuant to this Agreement. Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party. 47 Item 3.
2 8. Liquidated Damages
Liquidated Damages are presented as an estimate of an intangible loss to the City. It is a provision that allows for the payment of a specified sum should Contractor be in breach of contract. Liquidated Damages ☐shall apply ☒shall not apply to this contract. Liquidated Damages applicable to this contract are incorporated in Exhibit F, attached hereto.

9. Relationship of Parties

9.1. Independent Contractor
In providing services herein, Contractor, and the agents and employees thereof, shall work in an independent capacity and as an independent contractor and not as agents or employees of City. Contractor acknowledges that it customarily engages independently in the trade, occupation, or business as that involved in the work required herein.

Further the Parties agree that Contractor shall perform the work required herein free from the control and direction of City, and that the nature of the work is outside the usual course of the City’s business. In performing the work required herein, Contractor shall not be entitled to any employment benefits, Workers’ Compensation, or other programs afforded to City employees. Contractor shall hold City harmless and indemnify City against such claim by its agents or employees. City makes no representation as to the effect of this independent contractor relationship on Contractor’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Contractor specifically assumes the responsibility for making such determination.

Contractor shall be responsible for all reports and obligations including but not limited to social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation and other applicable federal and state taxes.

9.2. No Agent Authority Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees, except as set forth in this Agreement. Contractor shall not represent that it is, or that any of its agents or employees are, in any manner employees of the City.

9.3. Indemnification of CalPERS Determination In the event that Contractor or any employee, agent, or subcontractor of Contractor providing service under this Agreement or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Contractor shall indemnify, defend and hold harmless City for all payments on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

10. Assignment and Subcontracting Except as specifically provided herein, the rights, responsibilities, duties, and Services to be performed under this Agreement are personal to the Contractor and may not be transferred, subcontracted, or assigned without the prior written consent of City. Contractor shall not substitute or replace any personnel for those specifically named herein or in its proposal without the prior written consent of City.

Contractor shall cause and require each transferee, subcontractor, and assignee to comply with the insurance provisions set forth herein, to the extent such insurance provisions are required of Contractor under this Agreement. Failure of Contractor to so cause and require such compliance by each transferee, subcontractor, and assignee shall constitute a Material Breach 48 Item 3.
3 of this Agreement, and, in addition to any other remedy available at law or otherwise, shall serve as a basis upon which City may elect to suspend payments hereunder, or terminate this Agreement, or both.

11. Licenses, Permits, Etc. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, obtain or keep in effect at all times during the term of this Agreement, any licenses, permits, and approvals which are legally required for Contractor to practice its profession at the time the services are performed.

12. Hold Harmless and Indemnification Agreement To the fullest extent permitted by law, each Party (the “Indemnifying Party”) hereby agrees to protect, defend, indemnify, and hold the other Party (the “Indemnified Party”), its officers, agents, employees, and volunteers, free and harmless from any and all losses, claims, liens, demands, and causes of action of every kind and character resulting from the Indemnifying Party’s negligent act, willful misconduct, or error or omission, including, but not limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by the Indemnified Party arising in favor of any party, including claims, liens, debts, personal injuries, death, or damages to property (including employees or property of the Indemnified Party) and without limitation, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly out of, the Agreement. The Indemnifying Party agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demand, or suit at the sole expense of the Indemnifying Party, using legal counsel approved in writing by Indemnified Party. Indemnifying Party also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false, or fraudulent. This provision is not intended to create any cause of action in favor of any third party against either Party or to enlarge in any way either Party’s liability but is intended solely to provide for indemnification of the Indemnified Party from liability for damages, or injuries to third persons or property, arising from or in connection with Indemnifying Party’s performance pursuant to this Agreement. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement.

13. Standard of Performance Contractor shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Contractor is engaged in the geographical area in which Contractor practices its profession. All products of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial first class and workmanlike manner and conform to the standards or quality normally observed by a person practicing in Contractor's profession.

14. Accessibility It is the policy of the City of Oroville that all City services, programs, meetings, activities, and facilities shall be accessible to all persons, and shall be comply with the provisions of the Americans With Disabilities Act and Title 24, California Code of Regulations.

To the extent this Contract shall call for Contractor to provide City contracted services directly to the public, Contractor shall certify that said direct Services are and shall be accessible to all persons.

15. Nondiscriminatory Employment Contractor shall not discriminate in its employment practices because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or sexual orientation in contravention of the California Fair Employment and Housing Act, Government Code section 12900 et seq.

16. Drug-Free Workplace Senate Bill 1120, (Chapter 1170, Statutes of 1990), requires recipients of state grants to maintain a "drug-free workplace”. Every person or organization awarded a 49 Item 3.
4 contract for the procurement of any property or services shall certify as required under Government Code Section 8355-8357 that it will provide a drug-free workplace.

17. Political Activities Contractor shall in no instance expend funds or use resources derived from this Contract on any political activities.

18. Financial, Statistical and Contract-Related Records:

18.1. Books and Records Contractor shall maintain statistical records and submit reports as required by City. Contractor shall also maintain accounting and administrative books and records, program procedures and documentation relating to licensure and accreditation as they pertain to this Contract. All such financial, statistical and contract- related records shall be retained for five (5) years or until program review findings and/or audit findings are resolved, whichever is later. Such records shall include but not be limited to bids and all supporting documents, original entry books, canceled checks, receipts, invoices, payroll records, including subsistence, travel, and field expenses, together with a general ledger itemizing all debits and credits.

18.2. Inspection Upon reasonable advance notice and during normal business hours or at such other times as may be agreed upon, Contractor shall make all of its books and records available for inspection, examination or copying, to City, or to the State.

18.3. Audit Contractor shall permit the aforesaid agencies or their duly authorized representatives to audit all books, accounts or records relating to this Contract, and all books, accounts or records of any business entities controlled by Contractor who participated in this Contract in any way. All such records shall be available for inspection by auditors designated by City or State, at reasonable times during normal business hours. Any audit may be conducted on Contractor’s premises, or, at City’s option, Contractor shall provide all books and records within fifteen (15) days upon delivery of written notice from City. Contractor shall promptly refund any moneys erroneously charged and shall be liable for the costs of audit if the audit establishes an over-charge of five percent (5%) or more of the Maximum Contract Price.

19. Termination.

A. A Material Breach, as defined pursuant to the terms of this Agreement or otherwise, in addition to any other remedy available at law or otherwise, shall serve as a basis upon which City may elect to immediately suspend payments hereunder, or terminate this agreement, or both, without notice.

B. If Contractor fails to timely provide in any manner the services materials and products required under this Agreement, or otherwise fails to promptly comply with the terms of this Agreement, or violates any ordinance, regulation or other law which applies to its performance herein, City may terminate this Agreement by giving five (5) calendar days written notice to Contractor.

C. Either party may terminate this Contract for any reason, or without cause, by giving thirty (30) calendar days written notice to the other, which notice shall be sent by registered mail in conformity with the notice provisions, below. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services performed to the date of termination in accordance with the terms of this Contract. Contractor shall be excused for failure to perform services herein if such performance is prevented by acts of God, strikes, labor disputes or other forces over which the Contractor has no control.

D. City, upon giving thirty (30) calendar days written notice to Contractor, shall have the right to terminate its obligations under this Agreement at the end of any fiscal year if the 50 Item 3.
5 City or the State of California, as the case may be, does not appropriate funds sufficient to discharge City’s obligations coming due under this contract.

E. Any notice to be provided under this section may be given by the Agency Director.

F. Suspension: City, upon giving seven (7) calendar days written notice to Contractor, shall have the right to suspend this Contract, in whole or in part, for any time period as City deems necessary due to delays in Federal, State or City appropriation of funds, lack of demand for services to be provided under this contract, or other good cause. Upon receipt of a notice of suspension from City, Contractor shall immediately suspend or stop work as directed by City and shall not resume work until and unless City gives Contractor a written notice to resume work. In the event of a suspension not the fault of the Contractor, Contractor shall be paid for services performed to the date of the notice of suspension in accordance with the terms of this Contract.

In the event this Agreement is terminated:
1) Contractor shall deliver copies of all writings prepared by it pursuant to this Agreement.

The term "writings" shall be construed to mean and include handwriting, typewriting, printing, photographing, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof.
2) City shall have full ownership and control of all such writings delivered by Contractor pursuant to this Agreement.
3) City shall pay Contractor the reasonable value of services rendered by Contractor to the date of termination pursuant to this Agreement not to exceed the amount documented by Contractor and approved by City as work accomplished to date; provided, however, that in no event shall any payment hereunder exceed the amount of the agreement specified in Exhibit B, and further provided, however, City shall not in any manner be liable for lost profits which might have been made by Contractor had Contractor completed the services required by this Agreement. In this regard, Contractor shall furnish to City such financial information as in the judgment of the City is necessary to determine the reasonable value of the services rendered by Contractor.

The foregoing is cumulative and does not affect any right or remedy, which City may have in law or equity.

20. Intellectual Property To the extent City provides any of its own original photographs, diagrams, plans, documents, information, reports, computer code and all recordable media together with all copyright interests thereto, not the property of Contractor (herein “Intellectual Property”), which concern or relate to this Contract and which have been prepared by, for or submitted to Contractor by City, shall be the property of City, and upon fifteen (15) days demand therefor, shall be promptly delivered to City without exception.

21. Waiver One or more waivers by one party of any major or minor breach or default of any provision, term, condition, or covenant of this Agreement shall not operate as a waiver of any subsequent breach or default by the other party.

22. Conflict of Interest Contractor certifies 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 aid in the procuring of this agreement. In addition, Contractor agrees that no such person will be employed in the performance of this agreement unless first agreed to in writing by City. This includes prior Oroville City employment in accordance with City Personnel Code

23. Entirety of Agreement This Agreement contains the entire agreement of City and Contractor with respect to the subject matter hereof, and no other agreement, statement, or promise made by any party, or to any employee, officer, or agent of any party, which is not 51 Item 3.
6 contained in this Agreement, shall be binding or valid.

24. Alteration No waiver, alteration, modification, or termination of this Agreement shall be valid unless made in writing and signed by all parties, except as expressly provided in Section 19, Termination.

25. Governing Law and Venue This Agreement is executed and intended to be performed in the State of California, and the laws of that State shall govern its interpretation and effect. The venue for any legal proceedings regarding this Agreement shall be the City of Oroville, State of California. Each party waives any Federal court removal and/or original jurisdiction rights it may have.

26. Compliance with Applicable Laws Contractor shall comply with any and all federal, state, and local laws, codes, ordinances, rules and regulations which relate to, concern of affect the Services to be provided by this Contract.

27. Confidentiality Contractor, its employees, agents and or subcontractors may come in contact with documents that contain information regarding matters that must be kept confidential by the City, including personally identifiable patient or client information. Even information that might not be considered confidential for the usual reasons of protecting non-public records should be considered by Contractor to be confidential.

Contractor agrees to maintain confidentiality of information and records as required by applicable federal, state, and local laws, regulations and rules and recognized standards of professional practice.

Notwithstanding any other provision of this Agreement, the Contractor agrees to protect the confidentiality of any confidential information with which the Contractor may come into contact in the process of performing its contracted services. This information includes but is not limited to all written, oral, visual and printed patient or client information, including but not limited to names, addresses, social security numbers, date of birth, driver’s license number, case numbers, services provided, social and economic conditions or circumstances, agency evaluation of personal information, and medical data.

The Contractor shall not retain, copy, use, or disclose this information in any manner for any purpose that is not specifically permitted by this agreement. Violation of the confidentiality of patient or client information may, at the option of the City, be considered a material breach of this Agreement.

28. Additional Contractor Responsibilities
A. To the extent Contractor is a mandated reporter of suspected child and/or dependent adult abuse and neglect, it shall ensure that its employees, agents, volunteers, subcontractors, and independent contractors are made aware of, understand, and comply with all reporting requirements. Contractor shall immediately notify City of any incident or condition resulting in injury, harm, or risk of harm to any child or dependent adult served under this Agreement.

B. Contractor will immediately notify City of any active complaints, lawsuits, licensing or regulatory investigations, reports of fraud or malfeasance, or criminal investigations regarding its operations. Contractor agrees to work cooperatively with City in response to any investigation commenced by City with regard to this Agreement or the clients served herein, including providing any/all records requested by City related thereto.

C. Contractor shall employ reasonable background check procedures on all employees, prospective employees, volunteers, and consultants performing work involving direct contact with minor children or dependent adults under this Agreement, including 52 Item 3.
7 fingerprinting and criminal records checks, sexual offender registry checks, and reference checks, including both personal and professional references.

29. Notification. Any notice or demand desired or required to be given hereunder shall be in writing and deemed given when personally delivered or deposited in the mail, postage prepaid, and addressed to the parties as follows:

CITY OF OROVILLE:

Bill LaGrone and Amy Bergstrand
1735 Montgomery Street
Oroville, California, 95965
530-538-2401
CONTRACTOR:

Suzanne Kochems
d/b/a SiLK Consulting Group
105 Shasta Street
Orland, CA 95963
530-228-7811
Any notice so delivered personally shall be deemed to be received on the date of delivery, and any notice mailed shall be deemed to be received five (5) days after the date on which it was mailed.

Authority: All individuals executing this Contract on behalf of Contractor represent and warrant that they are authorized to execute and deliver this Contract on behalf of Contractor.

IN WITNESS WHEREOF, the parties have executed this Contract effective on the Beginning Date, above.

CITY OF OROVILLE:

By: Date:

Printed Name/Title: Bill LaGrone, City Administrator
CONTRACTOR: Suzanne Kochems d/b/a SiLK Consulting Group By: ______________________________ Date: _____________
Printed Name/Title: Suzanne Kochems, CEO/Principal
53 Item 3.
8 EXHIBIT A – SCHEDULE OF SERVICES
Contractor will coordinate, facilitate, and manage the Encampment Resolution Grant funding and the associated Mission Esperanza project in coordination and collaboration with the City of Oroville and the Oroville Rescue Mission.

Contractor will
1) Provide training and technical assistance to the Project 2) Serve as liaison between the City of Oroville and the Oroville Rescue Mission and between the Project and the funder (Cal ICH)
3) Prepare all documents related to grant administration, including program narrative, program reports, budgets, quarterly and final reports, RFPs, correspondence, contracts, etc. 4) Communicate with the city council, partners and supporters the progress and accomplishments of the Project
5) Hold responsibility for other duties/tasks that arise in conjunction with the implementation of grant funds and the capacity building of shelter programming 54 Item 3.
9 EXHIBIT “B”

SCHEDULE OF CHARGES AND PAYMENTS
Suzanne Kochems d/b/a SiLK Consulting Group
Contractor shall be compensated for satisfactory performance of services in accordance with Exhibit “A”, Schedule of Services, which shall cover professional services, office overhead and ordinary business expenses. The City shall pay to Contractor a maximum not to exceed $75,000 for the contract term based on an hourly fee of $75.

Contractor shall submit invoices throughout the term of the agreement as each phase of the job scope has been completed. Contractor shall itemize on the invoice the dates, duration, services provided, including identification of activities and deliverables completed. The invoices shall be submitted no later than the 5
th of the month following the completion of each phase of the job scope.

Invoices may be submitted to:

City of Oroville
Attn: Amy Bergstrand
1735 Montgomery Street
Oroville, CA 95965
City shall review the billing and notify the Contractor within fifteen (15) working days if an individual item or group of costs is being questioned. Contractor has the option of either removing the questioned cost or delaying the entire claim pending resolution of the cost(s).

Contractor shall be reimbursed within thirty (30) days of City’s receipt of complete, correct, and approved invoice.
55 Item 3.
10 EXHIBIT C

INSURANCE REQUIREMENTS
Insurance. Contractor 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 Contractor, its agents, representatives, or employees. Coverage shall be at least as broad as:
(i) Commercial General Liability CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $300,000 per accident for bodily injury and property damage. (iii) Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if contractor provides written verification, it has no employees).
(iv) Errors and Omissions Liability insurance appropriate to the Contractor’s profession.

If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Other Insurance Provisions:

The insurance policies are to contain, or be endorsed to contain, the following provisions:

The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(i) The Entity, its officers, officials, employees and volunteers are to be covered as insureds 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. (ii) For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. (iii) 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 certified mail, return receipt requested, has been given to the Entity. (iv) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

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

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND OROVILLE CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR RE: AUTHORIZATION TO PURCHASE THREE NEW FORD F350 DUMP BED

TRUCKS FOR PUBLIC WORKS
DATE: DECEMBER 6, 2022

SUMMARY
The Council will receive information regarding the purchase of (3) 2023 Ford F-350 trucks with dump beds from Oroville Ford as budgeted in the 2022/23 Fiscal Year budget with an adjustment following receipt of the 2023 fleet pricing.

DISCUSSION
The Public Works Department fleet budgeted for new one-ton pickups to replace three aging pickups that require regular maintenance and repair to keep them on the road. The trucks will be used in the Streets and Parks divisions for daily work.

The price quoted for the (3) Ford F-350 pickup trucks was budgeted at $62,095 based on 2022 fleet pricing. The updated 2023 fleet pricing is $73,213 and includes fees for each for a total purchase price of $219,637. There is currently funding allocated for this purchase.

These vehicles will be purchased from the local Ford dealership, Oroville Ford. Oroville Ford has offered this vehicle to the City at State Contract bid pricing. This purchase will keep the City’s dollars local.

FISCAL IMPACT
Appropriations in the amount of $219,637 from the Capital Asset Replacement Fund 300-8030 Vehicles.

RECOMMENDATION
Authorize the Public Works Division to purchase (3) 2023 Ford F-350 pickup trucks with dump beds from Oroville Ford utilizing State Contract pricing as outlined in the staff report.

ATTACHMENTS
Oroville Ford Sales bid, and specification sheet for vehicles Revised Vehicle and Replacement List
58 Item 4.
59 Item 4.

Department Vehicle/Equipment Description Cost Est. Capital Asset Repl Sewer Airport Impact Fee Other Police SR PO# Paid Fund Fund Fund Fund Funds
8 Police Vehicles, carryover from prior year SUV's for Patrol - 1 rec'd in prior year for Chief 09/21/21 22020 480,000.00 480,000.00 4 Police Vehicles, carryover from prior year SUV's for Patrol 4 for PD one for Code Enf 04/05/22 240,000.00 240,000.00 2 Police Vehicle, current year To make 14 total requested None yet 130,000.00 130,000.00 50 APX8500 Portable Vehicle Radios 09/06/22 23010 571,245.10 571,245.10 TruNarc devices 09/06/22 23020 51,490.09 51,490.09
Fire
1 Command Vehicle (from prior year) 2022 Ford F-250 90,000.00 90,000.00 17 BK HT's Handheld radios 35,000.00 35,000.00
Scott SCBAs Self Contained Breathing Apparatus 100,000.00 100,000.00 Code Enforcement
1 Ford Escape 04/05/22 22048 9/22/2022 27,865.00 27,865.00 1 Ford Escape 04/05/22 22048 27,865.00 27,865.00
1 Ford F-150 Truck Ordered for Fire but issued to CE 04/05/22 22049 8/18/2022 37,895.00 37,895.00 1 Ford F-150 Truck 04/05/22 22049 37,895.00 37,895.00
Public Works
PW Managers truck 43,000.00 43,000.00
Engineering truck 2023 F150 4x2 Truck 09/20/22 23024 43,000.00 43,000.00 (2) One-ton dump trucks 2 PW replacement trucks 146,424.84 146,424.84 Planning
Planning vehicle 2022 Ford Explorer 09/20/22 23024 53,174.26 53,174.26 Building
Inspectors truck 2023 F150 4x2 Truck 09/20/22 23024 43,000.00 43,000.00 Sewer
Vactor 2100l Vactor 09/06/22 22021 9/15/2022 474,682.46 474,682.46 CCTV Van No quote or estimate provided
Parks
John Deere Gator 5,670.25 5,670.25
Streets
Street sweeper (From prior year) 2021 Freightliner M@ Chassis 03/21/22 22039 8/11/2022 341,977.01 341,977.01 (1) One-ton dump trucks 73,212.42 73,212.42
Backhoe 08/02/22 23017 11/3/2022 160,929.16 120,696.87 40,232.29 Motor Grader 23017 261,381.53 175,125.63 86,255.90
Pull behind herbicide spray rig To be shared with the Airport 17,770.00 8,885.00 8,885.00 John Deere Gator 11,512.34 5,670.25 5,842.09
10 Wheeler Dump Truck 252,000.00 252,000.00
Skid steer attachments 50,000.00 50,000.00
Skid steer trailer 38,000.00 38,000.00
5 Yard Dump Truck 125,000.00 125,000.00
Loader bucket attachment 4-1 piece 8,000.00 8,000.00
Vehicle lift 25% each Streets, Fire, Police, Sewer 09/06/22 23021 27,811.04 20,858.28 6,952.76 Total Cost 4,005,800.50 2,725,214.81 481,635.22 141,215.28 35,000.00 622,735.19

CITY OF OROVILLE

VEHICLE AND EQUIPMENT DEPARTMENT REQUESTS
For Budget Year 2022 23

FUNDING
Mechanics
shop 60
Item 4.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: CONTRACT WITH BUTTE CONSTRUCTION COMPANY FOR ROOF

REPLACEMENT, FACADE REPAIRS, AND PAINT OF THE CENTENNIAL

CULTURAL CENTER
DATE: DECEMBER 6, 2022

SUMMARY
The Council may consider accepting the proposal from Butte Construction Company and consider approval of project contract for the roof replacement and façade repairs and paint of the Centennial Cultural Center facility.

DISCUSSION
For several years, the roof of the Centennial Cultural Center (CCC) has seen periodic roof leaks that have been minor and repairable by maintenance staff until recently. Additionally, the vertical asphalt roofing shingles are showing sign of deterioration with the exterior paint also needing sealing and a fresh coat.

On September 26, 2022, a Request for Proposal (RFP) was published and posted for the replacement of the TPO roofing, vertical asphalt roofing, and exterior paint of the Centennial Cultural Center facility.

A mandatory walk through was held on October 11, 2022, with three contractors in attendance.

The RFP closed on October 31, 2022 with one contractor submitting a proposal for the requested work.

Butte Construction Company is proposing to complete the requested demolition of existing TPO roof, vertical asphalt replacement with metal roof for longevity, and repainting for the total estimated amount of $326,701.00. There were no alternatives identified for this project; however, the traditional 10% contingency will be budgeted for unforeseen repairs such as dry rot, etc.

FISCAL IMPACT
Appropriations are available in the Capital Improvements Fund 302, in the amount of $359,371.10. There is over $2.5 million available in this fund. 61 Item 5.

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RECOMMENDATION

1. Approve Res. No. 9114 - A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO SIGN AND ACCEPT THE

PROPOSAL WITH BUTTE CONSTRUCTION COMPANY AUTHORIZING BUTTE

CONSTRUCTION COMPANY TO COMPLETE THE PROPOSED ROOF REPLACEMENT

AND FACADE REPAIRS OF THE CENTENNIAL CULTURAL CENTER IN THE AMOUNT OF $326,701.00 AND A 10% CONTINGENCY IN THE AMOUNT OF $32,670.10 SHOULD ANY DEFICIENCIES BE DISCOVERED DURING THE PROJECT.

2. Authorize and direct staff to sign and accept the proposal from Butte Construction Company, authorizing the proposed roof replacement and façade repairs and improvements of the Centennial Cultural Center, in the amount of $326,701.00 (base bid) and a 10% contingency in the amount of $32,670.10 should any deficiencies be discovered during the project, for a total of $359,371.10.

ATTACHMENTS

1. Resolution No. 9114

2. Project Contract No. 3425-1 with Attachments

3. Proposal for roof replacement and façade repairs from Butte Construction Company 62 Item 5.
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CITY OF OROVILLE
RESOLUTION NO. 9114

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND DIRECTING

THE MAYOR TO SIGN AND ACCEPT THE PROPOSAL WITH BUTTE CONSTRUCTION

COMPANY AUTHORIZING BUTTE CONSTRUCTION COMPANY TO COMPLETE THE

PROPOSED ROOF REPLACEMENT AND FACADE REPAIRS OF THE CENTENNIAL CULTURAL CENTER IN THE AMOUNT OF $326,701.00 AND A 10% CONTINGENCY IN THE AMOUNT OF $32,670.10 SHOULD ANY DEFICIENCIES BE DISCOVERED DURING THE PROJECT.

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

1. The Mayor is hereby authorized and directed to sign and accept the proposal from Butte Construction Company, authorizing the proposed roof replacement and façade repairs and improvements of the Centennial Cultural Center, in the amount of $326,701.00 (base bid) and a 10% contingency in the amount of $32,670.10 should any deficiencies be discovered during the project, for a total of $359,371.10.

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

PASSED AND ADOPTED by the City Council of the City of Oroville at a regular meeting on December 6, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Chuck Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Jackie Glover, Assistant City Clerk 63 Item 5.

A-3425.1

PROJECT CONTRACT
THIS PROJECT CONTRACT (the “contract” or “Contract”), is made and entered into this 6 th
day of DECEMBER 2022, by and between City of Oroville (referred to herein as the “Owner” or the “City”) and __Butte Construction Company_(the "Contractor").

WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
1) THE CONTRACT DOCUMENTS.

The complete contract is comprised of and may or may not include: Invitation for Bids; Information for Bidders; Bid Schedule; Proposal Form; Bidder’s Bond; Contract; General Conditions; Special Provisions; Technical Provisions; Payment Bond; Performance Bond; Notice of Award; Notice to Proceed; Change Orders; Supplemental Drawings Issued; Drawings; Specifications and Contract Documents; All addenda or bulletins issued during the time of bidding or forming a part of the documents loaned to the bidder for preparation of the bid; The complete plans and provisions, regulations, ordinances, codes, and laws incorporated therein or herein by reference or otherwise applicable to the Project.

All of the above documents are intended to cooperate so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract are hereinafter referred to collectively as the Contract Documents.
2) THE WORK.

Contractor agrees to furnish all tools, apparatus, facilities, equipment, labor and materials (except that specifically mentioned as being furnished by others) necessary to perform and complete the work in a “good and workmanlike manner” as called for, and in the manner designated in, and in strict conformity with the Plans, Detail Specifications, and other Contract Documents which are identified by the signatures of the parties to this Contract and are, collectively, entitled:

CENTENNIAL CULTURAL CENTER:

ROOFING AND FACADE PROJECT

COMMUNITY DEVELOPMENT DEPARTMENT
3) CONTRACT PRICE.

The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done, the following compensation: $326,701.00. In no event shall Contractor’s compensation exceed the amount of $326,701.00
without additional written authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment
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For the purpose of fixing the amount of bonds referred to in the Instructions to Bidders, it is estimated by both Parties that the total contract price shall be based on the Contractor’s Base Bid amount.
4) DISPUTES PERTAINING TO PAYMENT FOR WORK.

Should any dispute arise respecting the true value of any work done or any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor during the performance of this Contract, the dispute shall be informally mediated between the parties. Following such mediation, either party may file an action exclusively in the Butte County Superior Court or in the United States District Court, Eastern District of California. Under no condition shall there be a cessation of work by the Contractor during any such dispute. This article does not exclude recovery of damages by either party for delays.
5) PAYMENT.

Not later than the 20th day of each calendar month, the Contractor shall make a partial payment request to the City on the basis of an estimate approved by the Engineer of the work performed since the last partial payment request during the preceding month by the Contractor with five percent (5%) of the amount of each such estimate retained by the City, until completion of the Project and the recordation of a Notice of Completion of all work covered by this Contract. The City shall make any partial payments provided for in this contract to the Contractor within 30 days of the City’s receipt of an undisputed and properly executed partial payment request from the Contractor. The City shall pay the Contractor interest on the amount of any portion of a partial payment, excluding retention amounts, not made to the Contractor within 30 days of the City’s receipt of an undisputed and properly executed partial payment request from the Contractor at the legal rate set forth in California Code of Civil Procedure Section 685.010. Upon receipt of a partial payment request from the Contractor, the City shall review the partial payment request for the purpose of determining whether or not the partial payment request is a proper partial payment request. Any partial payment request determined by the City not to be a proper partial payment request suitable for payment shall be returned to the Contractor by the City within 14 days of the City’s receipt of such partial payment request. A partial payment request returned to the Contractor by the City under the provisions of this section shall be accompanied by a written document setting forth the reason(s) why the partial payment request is not proper. The number of days for the City to make a certain partial payment provided for in this Contract, without incurring interest pursuant to this section, shall be reduced by the number of days by which the City exceeds the 14 day return period for such partial payment request, if determined to be improper, as set forth in this section. For the purposes of this section, a “partial payment” means all payments due to the Contractor under this contract, exclusive of that portion of the final payment designated as retention earnings. Also, for the purposes of this section, a partial payment request shall be considered properly executed by the City, if funds are available to pay the partial payment request and payment is not delayed due to an audit inquiry by the City’s financial officer. The City will release Contractor's retention earnings within 45 days after recordation of Notice of 65 Item 5.

A-3425.1
Completion, as defined in California Civil Code Section 3093. Recordation of a Notice of Completion for the Project by the City shall constitute the City’s acceptance of the Project work.
6) TIME FOR COMPLETION.

All work under this contract shall be completed within a period of 180 working days from the date of the Contractor's receipt of a Notice to Proceed from the City. 7) EXTENSION OF TIME.

If the Contractor is delayed by acts of negligence of the City, or its employees or those under it by contract or otherwise, or by changes ordered in the work, or by strikes, lockouts, fire, unavoidable casualties, documentable delays in delivery of materials, review by outside agencies, or any causes beyond the Contractor's control, or by delay authorized by the City, or by any justifiable cause which the Engineer shall authorize, then the Contractor shall make out a written claim addressed to the City setting forth the reason for the delay and the extension of the time requested and forward a copy of the claim to the Engineer for approval.

The Engineer will evaluate the claim and if the claim is justifiable, will request the City's approval. No such extension will be allowed unless written claim therefore has been made within 3 days after the delay became apparent.

If the Contractor fails or refuses to complete the work within the time specified, including authorized extensions, there shall be deducted from monies due the Contractor, not as a penalty, but as liquidated damages the sum of Five Hundred Dollars ($500.00) for each calendar day subsequent to the time specified for each project and the time the work is actually completed and accepted. Delays caused by adverse weather conditions or conditions for which the Owner is clearly responsible will be added to the contract time. 8) LABOR PROVISIONS.

The project is subject to both federal and state prevailing wages. The Contractor shall pay laborers the higher of either the federal or state prevailing wage rate determination for the trades to be utilized. The contractor and all subcontractors on the project shall complete electronic reporting of prevailing wage rate reports through the Department of Industrial Relations, with copies of such reports to be provided to the City. 9) CONTRACT WORK HOURS AND SAFETY STANDARDS REQUIREMENTS.

As used in the following provision, the term “laborers” and “mechanics” include watchmen and guards.
a. Overtime Requirements. Neither the Contractor nor any subcontractor contracting for any part of the Project which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek, whichever is greater.
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b. Violation; Liability for Unpaid Wages; Liquidated Damages. In the event of any violation of the clause set forth in paragraph a. above, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph a. above, in the sum of $3,000 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph a. above.
c. Withholding for Unpaid Wages and Liquidated Damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any monies payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph b. above.
d. Working conditions. Neither the Contractor nor any subcontractor may require any laborer or mechanic employed in the performance of any contract to work in surroundings or under working conditions that are unsanitary, hazardous or dangerous to his health or safety as determined under construction safety and health standards (29 CFR Part 1926) issued by the Department of Labor. e. Subcontracts. The Contractor and any subcontractor shall insert in any subcontracts the clauses set forth in paragraphs a. through d. and also a clause requiring the subcontractor to include these clauses in any lower tier subcontracts. The Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs a. through d. 10) NONDISCRIMINATION.

The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section

21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.
11) DISADVANTAGED BUSINESS ENTERPRISE PROGRAM PROVISIONS.

The Contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOTassisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as recipient deems appropriate.

The Contractor agrees to pay each subcontractor under this contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Contractor receives from City. The Contractor agrees further to return retainage payments to 67 Item 5.

A-3425.1
each subcontractor within 30 days after the subcontractor's work is satisfactorily completed.

Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of the City. This clause applies to both DBE and non-DBE subcontractors.
12) CIVIL RIGHTS.

The Contractor assures that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This Provision binds the Contractor from the bid solicitation period through the completion of the contract. This provision shall be inserted in all subcontracts, subleases and other agreements at all tiers. 13) SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT.

In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin.
14) INFORMATION AND REPORTS.

The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City and shall set forth what efforts it has made to obtain the information.
15) SANCTIONS FOR NONCOMPLIANCE.

In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it may determine to be appropriate, including but not limited to:
a. Withholding of payments to the Contractor under the contract until the Contractor complies, and/or
b. Cancellation, termination or suspension of the contract, in whole or in part. 16) INSPECTION OF RECORDS.

The Contractor shall maintain an acceptable cost accounting system. The City, the Federal 68 Item 5.

A-3425.1
Aviation Administration, the Comptroller General of the United States or any of their duly authorized representatives shall have access to any books, documents, paper, and records of the Contractor which are directly pertinent to this Contract or the Project for the purposes of making an audit, examination, excerpts, and transcriptions. The Contractor shall maintain all required records for 3 years after the City makes final payment and all other pending matters are closed.
17) RIGHTS IN INVENTIONS.

All rights to inventions and materials, if any, generated under this contract are subject to regulations issued by the City. Information regarding these rights is available from the City. 18) BREACH OF CONTRACT TERMS.

Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the City under this Contract. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.
19) TERMINATION OF CONTRACT BY CITY
a. The City may, by written notice, terminate this Contract in whole or in part at any time, either for the City’s convenience or because of the Contractor’s failure to fulfill its contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this Contract, whether completed or in process, delivered to the City. b. If the termination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.
c. If the termination is due to failure to fulfill the Contractor’s obligations, the City may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to the City for any additional cost occasioned to the City thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have been affected for the convenience of the City. In such event, adjustment in the contract price shall be made as provided in the second paragraph of this clause.
e. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this contract. 20) INCORPORATION OF PROVISIONS.
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The Contractor shall include the provisions of this contract in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations of directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the City may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City to enter into such litigation to protect the interests of the City and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 21) CONTRACTOR CLAIMS OF $375,000 OR LESS.

Claims by the Contractor relating to the Project for (a) a time extension, (b) money or damages arising from work done by, or on behalf of, the Contractor on the Project for which payment is not expressly provided for or to which the Contractor is not otherwise entitled, or (c) an amount that is disputed by the City, with a value of $375,000 or less, are subject to the claims procedures set forth in California Public Contract Code Sections 20104, et seq., except as otherwise provided in this Contract and the incorporated documents, conditions and specifications.
22) LOBBYING AND INFLUENCING FEDERAL EMPLOYEES.
a. No Federal appropriated funds shall be paid, by or on behalf of the Contractor or its subcontractors, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant or the amendment or modification of any Federal grant.
b. a. If any funds other than Federal appropriated funds have been paid or will be paid by the Contractor or its subcontractors to any person for influencing or attempting to influence an officer or employee of the City, any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, “Disclosure of Lobby Activities,” in accordance with its instructions. 23) ASSIGNMENT OF CERTAIN RIGHTS TO THE CITY.

In entering into this Contract or a subcontract to supply goods, services, or materials pursuant to this Contract, the Contractor and/or subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this Contract or the subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties. 24) ENERGY CONSERVATION REQUIREMENTS
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The contractor agrees to comply with mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163). 25) ATTACHMENTS
1) Notice Inviting Bids
2) Contractor’s Bid
3) Bidder’s Bond
4) Addendum No. 1
5) Addendum No. 2
6) Addendum No. 3
IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed on the day and year first herein written.

AGENCY: City of Oroville, A Municipal Corporation (First Party) By: _________________________________________________________________________ Mayor, Chuck Reynolds
CONTRACTOR: Butte Construction Company (Second Party)
By: ________________________________________________________________________ (Authorized Representative) (Sign, Print Name and Official Title) APPROVED AS TO FORM:

By: _________________________________________________________________________ City Attorney, Scott Huber
ATTEST:

By: __________________________________________________________________________ Assistant City Clerk, Jackie Glover
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND CITY COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: AGREEMENT WITH MELTON DESIGN GROUP, INC. FOR

DEVELOPMENT OF A FEATHER RIVER PARKWAY MASTER

CONCEPTUAL PLAN
DATE: DECEMBER 6, 2022

SUMMARY
The Council will consider approval of the agreement with Melton Design Group, Inc. to provide conceptual design and cost services for the Feather River Parkway, from the Feather River Nature Center & Bath House to Bedrock Park at the east side of Hwy 70 in preparation of a 2023 Statewide Parks Grant application round.

DISCUSSION
The City and community have long desired to see the Feather River parks and trails be better utilized by the community and visitors. The current condition of Bedrock Park and the trail does not present itself at its fullest and highest potential. The City has contracted with consultants in the past to submit grant applications for improvements to Bedrock Park and the Feather River trail but were unsuccessful due segmented property ownership and not having a Master concept plan depicting the final proposed product.

The Feather River Recreation and Parks District (FRRPD) has agreed and approved the transfer of three contiguous parcels to the City of Oroville for $1.00 each. (see attached). On September 7, 2021, the Council approved the transfer of the parcels from FRRPD to the City.

A Memorandum of Understanding for maintenance and upkeep is still active between the City and FRRPD and is currently undergoing updates to meet today’s maintenance needs. The MOU will be routinely reviewed and updated as components of the trail are enhanced.

The development of a master plan for this portion of the Feather River is a small segment of a larger recreational footprint that runs the length of the Feather River from the Oroville Dam Spillway, south of Oroville, and out to the Forebay and Afterbay. The Brad Freeman Trail also being a popular recreational trail for mountain bikers and hikers that runs the length of the Feather River and beyond.

Contracting with Melton Design Group, Inc. will provide an opportunity to conduct community outreach to develop a master plan concept to illustrate:
 Renovation of Bedrock Park – Kayak Kiosk,
 Food truck parking in the upper parking lot for weekends and events 114
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 New rentable shade and gathering pavilions at Bedrock Park  Incorporation of Portland Loo restrooms (to be installed by City)  Enhanced landscaping and access to swim lagoon area
 Swim Lagoon improvements (in partnership with DWR)
 Renovation of overlook structure (owned by FRRPD)
 Enhance trail surface and accessibility
 Enhanced vegetation along trail
 New ADA walkways for ease of access to the trail and amenities  New picnic sites along trail
It is anticipated that State of California Statewide Parks Grant programs will release a new round of funding in the spring of 2023. Should this agreement be approved, Melton Design Group proposes to have the final Master Plan completed by May of 2023.

There will be community workshops hosted to gather input from the community to bring the park up to the community’s desired recreational and efficiency standards. The proposed renovations will enhance the recreation for residents, create a recreational connection for the Gateway development, and boost tourism.

FISCAL IMPACT
Costs not to exceed $47,400 for the landscape design agreement with Melton Design Group.

The funds will come from the General Fund, Parks 3111-6360 Outside Services and be reimbursed if the grant is awarded.

RECOMMENDATION

1. Authorize and direct staff to execute an Agreement with Melton Design Group in the amount of $47,400 to provide conceptual design and cost services for the Feather River Parkway, from the Feather River Nature Center & Bath House to Bedrock Park at the east side of Hwy 70 in preparation of a 2023 Statewide Parks Grant application round.

ATTACHMENTS
Proposal and Agreement from Melton Design Group, Inc.
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Feather River Parkway
MDG Project #2540
November 8, 2022
820 BROADWAY ST CHICO CA 95928 * 530.899.1616 / 916.754.2153 * MELTONDG.COM PAGE 1 OF 8
This AGREEMENT, effective as of the 8
th day of November 2022’ shall be
BETWEEN the:

CLIENT: CITY OF OROVILLE
Dawn Nevers
1735 Montgomery Street
Oroville, CA 95965
530-538-2405 / [email protected]

AND THE
CONSULTANT: MELTON DESIGN GROUP, Inc. (MDG)
Gregory Melton
Landscape Architect & Planner
820 Broadway Street, Chico, CA 95928
530-899-1616 / [email protected]
PROJECT: FEATHER RIVER PARKWAY MASTER PLAN
PROJECT UNDERSTANDING:

Melton Design Group, Inc. is to provide conceptual design and cost services for the Feather River Parkway. The document will be developed to create additional funding opportunities. Project elements include:
• Renovation of Bedrock Park
• Renovation of overlook structure (FRRPD)
• Enhance trail surface and accessibility
• New prefabricated restroom, storage and concession at Bedrock • Enhanced vegetation planting along trail
• Enhanced landscape and access to lagoon with overlook • New ADA walkways for ease of access to the trail and lagoon overlook • New picnic sites identified along trail
• New outdoor, shaded gathering Pavilion at Bedrock Park We are pleased to have the opportunity for providing these services and assure you of our best professional effort consistent with the normal Standard of Care practiced by Professional Landscape Architects.

LANDSCAPE DESIGN AGREEMENT
MELTON DESIGN GROUP, INC. and CITY OF OROVILLE
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Feather River Parkway
MDG Project #2540
November 8, 2022
820 BROADWAY ST CHICO CA 95928 * 530.899.1616 / 916.754.2153 * MELTONDG.COM PAGE 2 OF 8
TASK 1 – PROJECT LAUNCH and MANAGEMENT December 2022
(Owner-provided Survey dictates start date)

1.1 Meet with the Client to discuss the scope of work, design needs and specific desires for the project. Identify a key group of stakeholders to form an Advisory Committee.

1.2 Create project design schedule and updates throughout project for all design tasks.

1.3 Perform Quality Assurance and Quality Control throughout project.

1.4 Engage with Client and Staff to assess needs of community.

1.5 Review program of elements, study/discuss all opportunities and constraints to understand the project and prioritize Client’s desires to direct design.

Deliverables:
o Schedule update with milestones and meetings
TASK 2 – SITE ANALYSIS and DATA COLLECTION December 2022 – January 2023

2.1 Site Visit and Analysis – onsite and surrounding analysis to confirm existing conditions. • Study all site elements, view aerial and conduct a site visit. Use past reports and plans to update the site and Master Plan.
• Study general grades for site and any existing as-builts or topography to understand the elevation challenges.
• Confirm utilities and drainage on plans and onsite.
• Identify all elements onsite that are to remain and to be removed. • Obtain all site conditions from sun, wind, views, neighbors, uses, etc. • Use existing plans, aerial photos and site survey to develop Base Map.

2.2 Research and review all existing info provided by the Client.

2.3 Create Base Map of all existing conditions and maps.

Deliverables:
o Site Base with existing conditions provided and developed from site visit and Client-provided survey
o Site Analysis identifying all opportunities and constraints TASK 3 – SCHEMATIC DESIGN, PROGRAM DEVELOPMENT and COSTS February – April 2023

3.1 Create SD Plan Alternatives and Costs then meet with Client to review alternatives. MDG will provide all horizontal design for review and adjustments. • Include all elements of proposed program; plan view schematic plan with descriptions and dimensions of all elements.
• Communicate with Team to gain all aspects of the site. • Work with prefabricated metal building vendor for the Pavilion, to be installed by awarded construction Contractor.
• Provide alternative options for key areas that warrant study. • Provide hand-drawn renderings of key site elements.
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• Break out all the costs so we can understand alternatives and optional designs.

3.2 Revise and update alternatives and present to Client. • Meet with Client to review design for comment and conformance to grants or other projects.
• Update sketches and color rendering throughout Master Plan process. • Provide 3D simulated rendering of key bedrock area with trail and river.

3.3 Develop preferred Alternative and Cost and present to Client. • Assess design options and concepts and re-assess prioritized elements. • Client to provide additional direction and comment.
• Create project summary and description.

3.4 Revise Final Schematic Design and Cost to present and gain approval and create a 11x17 Master Plan booklet.

3.5 Create a final Master Plan – adjust timing based on grants or funding needs May 2023 Deliverables:
o Prioritized Program
o Schematic Designs with alternatives
o Sketches and Colored Renderings
o Project Summary and description for future grant needs o Preliminary Costs Estimate
o Final Master Plan, Booklet and Cost

BASIS OF COMPENSATION
TASK 1: PROJECT LAUNCH and MANAGEMENT $ 4,500
TASK 2: SITE ANALYSIS and DATA COLLECTION $ 5,900
TASK 3: SCHEMATIC DESIGN, PROGRAM DEVELOPMENT and COSTS $ 35,000 REIMBURSABLE EXPENSES $ 2,000
TOTAL: $ 47,400
If the project scope changes in a way that could cause the additional work beyond this contract, Landscape Architect will dictate an addendum to Contract and notify Client prior to exceeding the estimate. Reimbursable expenses are included for deliverables noted above. Additional Services and reimbursables exceeding expectations shall be billed on an hourly rate / expense basis in accordance with MDG’s Schedule of Rates.

BASIS OF COMPENSATION
Compensation due Consultant for services described in Section 1 shall be a not to exceed fee of $47,400.

Charges for Services described in Section 1 shall be billed monthly in proportion to the work completed. 118
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Client agrees to pay Consultant within thirty (30) days after the date of billing. Payments due Consultant and unpaid under this Agreement shall bear interest on the unpaid balance at a rate of 1.5% per month which is an annual percentage rate of 18%. If payment is not received within forty-five (45) days, Consultant may, at his discretion, stop work until payment is received. For Additional Services, provided under Section 3, compensation shall be on an hourly rates and expense basis in accordance with MDG’s Schedule of Rates. Schedule of Rates to be provided at the time Additional Services are requested.

ADDITIONAL SERVICES
This proposal does not include any construction or permitting drawings. There are no environmental studies, engineering, soil reports, topography or site boundary reports.

MISCELLANEOUS PROVISIONS

1. This proposal will remain valid for the time of 6 months, after which if a contract has not been executed MELTON DESIGN GROUP, INC. reserves the right to revise billing rates and fee amounts.

2. If project is put on hold for 6 months a 5% startup fee will be assessed.

3. This Agreement is construed and governed by the laws of the State of California. The venue for any proceeding brought by either Party with regard to any provision or obligation arising under this Agreement shall be in the County of the filing Party.

4. This Agreement is the entire and integrated agreement between Client and MDG and supersedes all prior negotiations, statements or agreements, either written or oral. The parties may amend this Agreement only by a written instrument signed by both Client and MDG.

5. If any term or provision of this Agreement is held as a matter of law to be unenforceable or invalid for any reason, the remainder of this Agreement shall continue in full force and effect and be enforceable without such provisions, and the parties agree that any unenforceable or invalid term or provision shall be amended to the minimum extent required to make such term or provision enforceable and valid.

6. Neither Client nor MDG shall assign this Agreement without the written consent of the other.

7. Nothing in this Agreement shall create a contractual relationship for the benefit of any third party.

8. MDG agrees to provide its professional services with its best skill and judgement in accordance with this Agreement; Federal, State and local laws and regulations and the generally accepted Standard of Care for Landscape Architects which are in effect at the time of this Agreement in all ways to further the interest of the Client and project(s). MDG shall furnish the services in an efficient manner and shall use its best efforts to see that the project is completed in conformity with the terms of this Agreement and consistent with the interest of the Client.

9. MDG shall use reasonable efforts to verify the accuracy and suitability of any drawings, plans, sketches, instructions, information, requirements, procedures, requests for action and other data supplied to MDG for the project.

10. MDG agrees that its officers and employees do not now have a conflict of interest with respect to any aspect of this Agreement and that MDG, its officers or employees, will not contract for or accept employment for the performance of any work or services with any individual business, 119
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corporation or government unit that would create a conflict of interest in the performance of services.

11. MDG shall maintain in force throughout the term of this Agreement insurance adequate by industry standards for professional liability and comprehensive general liability to insure against any claim or claims for damage arising in connection with MDG’s performance or service provided under this Agreement.

12. Irrespective of any other term in this Agreement, MDG shall not control or be responsible for construction means, methods, techniques, schedules, sequences or procedures; or for construction safety or any other related programs; or for another party’s errors or omissions or for another party’s failure to complete their work or services in accordance with MDG’s documents.

13. Both Client and MDG agree to indemnify the other Party; its officers, directors, employees and agents; defend and hold harmless from and against any and all claims, liabilities, suits, demands, losses, costs and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred through appeal, and all interest thereon, accruing or resulting to any and all persons, firms or any other legal entities on account of any damages or losses to property or persons, including injuries or death, or economic losses, arising out of the Project and/or this Agreement, except to the extent arising solely from the gross negligence or willful misconduct of either Party.

14. Client and MDG waive consequential damages for any claims, disputes or other matters in question arising out of or relating to this Agreement. MDG’s waiver of consequential damages, however, is contingent upon the Client requiring contractor and its subcontractors to waive all consequential damages against MDG for claims, disputes or other matters in question arising out of or relating to the Project.

15. Neither the Client nor MDG shall have any liability for any negligent act or omission of the other, its employees, officers or agents. In no event shall either Party be liable to the other Party for indirect or consequential loss of or damage to profits, business, revenue, goodwill or anticipated savings suffered by the other Party during the term of this Agreement.

16. To the extent damages are covered by property insurance during construction, Client and MDG waive all rights against each other and against the contractors, consultants, agents and employees of the other for such damages. Client or MDG, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties described in this paragraph.

17. Client acknowledges and agrees that proper project maintenance is required after the Project is complete. A lack of or improper maintenance in areas such as irrigation equipment may result in damage to property or persons. Client further acknowledges and agrees that, as between the parties to this Agreement, Client is solely responsible for the results of any lack of or improper maintenance.

18. MDG shall maintain records of costs, expenses and billings pertaining to services performed under this Agreement in accordance with generally accepted accounting standards. Such records shall be available to the Client or the Client’s authorized representative at mutually convenient times for a period of at least three (3) years after expiration or termination of this Agreement. Client 120
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shall have the right to audit and to verify the details set forth in MDG’s billings, certificates and statements, either before or after payment. The terms of this paragraph shall survive any termination of the Agreement.

19. If either Party to this Agreement institutes a proceeding in court to enforce any provision of this Agreement, or for damages by reason of any breach of this Agreement, then the Prevailing Party will be entitled to recover from the other Party all costs of the suit, including, without limitation, court costs and such amounts as the court may award as reasonable attorney’s fees and expenses for services rendered to the Prevailing Party during the proceedings.

20. MDG shall treat any Client-supplied information or information pertaining to the Client’s business as confidential and shall not disclose any such information to others except as necessary for the performance of this Agreement or as authorized by the Client in writing.

21. This Agreement may be amended by written agreement of the Parties.

22. This Agreement may be terminated by either party with or without cause, provided the other party is given not less than five calendar (5) days’ written notice of intent to terminate (delivered by certified mail, return receipt requested). Client shall pay MDG the reasonable value of services rendered by MDG or MDG sub-consultants prior to termination.

23. Landscape Architects are regulated by the State of California. Any questions concerning a Landscape Architect may be referred to:

Landscape Architects Technical Committee
2420 Del Paso Road, Suite 105, Sacramento, CA 95834. (916) 575-7230 Let us know if you have any questions concerning this proposal. If the above meets your approval, please sign and return a copy.

Sincerely,
Greg Melton, President/CEO
Principal Landscape Architect RLA #4217
Melton Design Group, Inc.
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2022 SCHEDULE OF RATES

MDG PERSONNEL
Principal Landscape Architect $180.00 / hour
Project Manager $145.00 / hour
Irrigation Specialist $130.00 / hour
Graphic Designer $115.00 / hour
Designer/Technician $ 95.00 / hour
Administration $ 85.00 / hour

REIMBURSABLE EXPENSES
Black & White Copies 8.5 x 11 $ .30 each
Black & White Copies 11 x 17 $ .55 each
Color Copies 8.5 x 11 $ 1.35 each
Color Copies 11 x 17 $ 2.50 each
Binding Covers 8.5 x 11 $ 3.00 each
Binding Covers 11 x 17 $ 6.00 each
Black & White 24 x 36 Print $ 5.40 each
Black & White 30 x 42 Print $ 7.88 each
Color 24 x 36 Print $28.86 each
Color 30 x 42 Print $42.09 each
Premium Color Glossy Plan Print $62.50 each
Foam Core 24 x 36 $13.25 each
Foam Core 30 x 42 $15.75 each
Flash Drive $ 9.00 each
Overnight Mail / Courier Cost Plus 15%
Photography Cost Plus 15%
Soils Analysis Cost Plus 15%
Travel / Automobile $ .62 per mile
Note: Rates subject to change after one year from agreement start date 122
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I hereby authorize Melton Design Group, Inc. to proceed with the work as set forth in this contract.

Date:_____________ By:

Print Name:

Title:

Company:

NAME AND ADDRESS WHERE BILLINGS ARE TO BE SENT:

Print Name and Title:

Company Project # or Reference Name:

Phone #: Email:

Mailing Address:

State / Zip Code:

If more than one recipient for billings, please add Email below.

Email: ________________________________
All checks are to be mailed to: Melton Design Group, Inc. 820 Broadway Street
Chico, CA 95928
Billing Questions:
(530) 899-1616
[email protected]
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: PROJECT TASK ORDERS FOR PROFESSIONAL ENGINEERING AND

PLANNING SERVICES WITH STREAMLINE ENGINEERING
DATE: DECEMBER 6, 2022

SUMMARY
The Council may consider approving Task Orders with Streamline Engineering for structural engineering of two City facility improvement projects.

DISCUSSION
On February 2, 2022, the City Council approved a professional services agreement with Streamline Engineering, a qualified professional structural engineering firm, to provide professional commercial structural engineering and design services to support the City’s numerous facility improvement projects.

While the City has an engineering division and is currently contracted with other consulting firms for as-needed civil engineering services, the need for further assistance with structural engineering of existing and new facility projects, is immediate.

Contracting with Streamline Engineering has proven valuable with the successful completion Public Safey Facility improvement project..

Staff has budgeted for Streamline Engineering services in the 2022/23 fiscal year and below is the breakdown for each budgeted project.

Kayak Kiosk $7,400
Convention Center (2 parts) $25,500
Total $32,900

FISCAL IMPACT
For the Convention Center ADA Compliance improvements, Council has approved the use of CDBG-PI funds.

For the Kayak Kiosk, appropriations are available in the Capital Improvements Fund 302. 125
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RECOMMENDATION
Authorize approval of Task Orders with Streamline Engineering for the structural engineering and design of the Kayak Kiosk and the Oroville Convention Center ADA Improvements.

ATTACHMENTS
Task Order 4880.1 - Kayak Kiosk
Task Order 4610.2 – Convention Center ADA Compliance
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Please note: All invoices are due in full upon receipt. Streamline reserves the right to remove signature of approval from all documents if not paid for services rendered.

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2571 California Park Drive, Ste. 210 Chico, CA 95928  (530) 892-1100

INVOICE FOR PROFESSIONAL SERVICES
Streamline Engineering, Inc. Tax E.I.N.: 20-5881509
CLIENT: City of Oroville DATE: November 11, 2022
1735 Montgomery St.

Oroville, CA 95965
Att: Dawn Nevers
STREAMLINE INVOICE NUMBER: 4880.1 (Oroville Kayak Shack) SCOPE OF WORK: Provide site visit, building design, and construction drawings with structural engineering for proposed new wood framed kayak rental building to be permitted to the 2019 California Building Code (The City must turn plans in for permit before 1/01/23).

ESTIMATE: $7,400.00
SERVICES RENDERED from 06-01-2022 thru 10-26-2022:

Initial Site Visit $350.00
Design and drafting for preliminary floor plan 8 hrs. @ $125.00 / hr. $1,000.00 Review and coordination of plan 2.5 hrs. @ $175 / hr. $437.50 BALANCE DUE NOW: THANK YOU $1,787.50
Please make check payable to “Streamline Engineering, Inc.” Mail or deliver payment to:

Streamline Engineering, Inc.
2571 California Park Drive, Ste. 210
Chico, CA 95928
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Please note: All invoices are due in full upon receipt. Streamline reserves the right to remove signature of approval from all documents if not paid for services rendered.

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2571 California Park Drive, Ste. 210 Chico, CA 95928  (530) 892-1100

INVOICE FOR TASK ORDER
Streamline Engineering, Inc. Tax E.I.N.: 20-5881509
CLIENT: City of Oroville DATE: November 14, 2022
1735 Montgomery St.

Oroville, CA 95965 Att: Dawn Nevers

STREAMLINE INVOICE NUMBER: 4610.2 (Convention Center ADA Compliance) SCOPE OF WORK: Provide construction drawings for permitting with structural engineering as needed for improved ADA Access at men’s and women’s bathroom, changing room, and the main stage of the Convention Center. Also includes improved ADA access at main entry with a new shade structure over the entry and architectural improvements to the front entry.

COST ESTIMATE: $25,500.00
(This estimate does not include costs for mechanical, electrical, or plumbing plans by others.)
SERVICES RENDERED:

Unpaid Invoice 4610.1 (Charges through 10-21-22) $16,650.50 Revise Design for ADA access per plan check:

Drafting 10/22/22 through 11/14/22 (24.5 hrs @ $125/Hr. ) $3,062.50 Design and Structural Engineering (1.5 hrs. @ $175/Hr.) $262.50 BALANCE DUE NOW: THANK YOU $19,975.50
Mail or deliver check payable to “Streamline Engineering” to:

Streamline Engineering, Inc.
2571 California Park Drive, Ste. 210
Chico, CA 95928
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND MEMBERS OF THE COUNCIL
FROM: MATT THOMPSON, ACTING CITY ENGINEER
RE: T.O. #6 – PSA OROVILLE RESCUE MISSION PALLET SHELTERS DATE: DECEMBER 6, 2022

SUMMARY
The Council may consider directing Staff to issue Task Order #6 (TO #6) to W Gilbert Engineering to provide surveying, design, and bid documents for the construction of street improvements, sewer facilities, and drainage facilities at the Oroville Rescue Mission associated with installation of pallet shelters and other housing accoutrements.

DISCUSSION
The City and the Oroville Rescue Mission propose to cooperate in the development of a pallet shelter site. Staff proposes to issue TO #6 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 $34,680.00.

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

ATTACHMENTS
TO #6
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TASK ORDER #6

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of __________, 2022, by and between the City of Oroville (“City”) and W. G. Civil Engineers, Inc. dba W.

Gilbert Engineering, an “S” corporation (Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, specifically to prepare a drainage study; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

C. City desires the Consultant to render professional services as set forth in this Task Order and in accordance with City Contract Number 3346 between the City and the Consultant.

TASK ORDER

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

2. Time of Performance. The services of Consultant shall commence upon execution of this Task Order and shall be completed at the end of Project close out.
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3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $ 34,680.00 without additional written authorization from the City.

Payment by City under this Task Order shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

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

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

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

6. Termination. This Task Order may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of 131
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termination. Upon termination, Consultant shall be entitled to compensation for services properly performed up to the effective date of termination.

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

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

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by City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Task Order shall be at City’s sole risk.

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

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

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

Consultant shall obtain no rights to retirement benefits or other benefits which 134
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accrue to City’s employees, and Consultant hereby expressly waives any claim it may have to any such rights.

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

13. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Task Order. All work performed by Consultant under this Task Order shall be in accordance with applicable legal requirements 135
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and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant’s field of expertise.

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

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

16. Indemnity. Consultant agrees to indemnify and hold harmless the City, its officers, officials, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including reimbursement of reasonable costs and expenses in connection therein), arising from its negligent performance of this Task Order or its failure to comply with any of its obligations contained in this Task Order, except for any such claim arising from the negligence or willful misconduct of the City, its officers, agents, employees or volunteers. With regard to any claim alleging Consultant’s negligent performance of professional services, Consultant’s defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder.
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17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s own cost and expense, shall procure and maintain insurance, for the duration of the Task Order, as required under Contract Number 3346 between the City and the Consultant. The terms of Contract Number 3346 between the City and the Consultant are incorporated by reference as if fully set forth herein. To the extent that any conflict exists between Contract Number 3346 and this Task Order, the terms of Contract Number 3346 shall control.

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

If to City: City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Wesley E. Gilbert, P.E.
140 Yellowstone Drive #110
Chico, CA. 95973

19. Entire Task Order. This Task Order constitutes the complete and exclusive statement of agreement between the City and Consultant for this Task Order. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Task Order in regard to professional services specifically provided under this Task Order. Other task orders issued to the Consultant by the City under Contract Number 3346 stand alone and are unaffected by this Task Order.
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20. Amendments. This Task Order may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

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

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

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

24. Controlling Law Venue. This Task Order and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to 138
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this Task Order shall be held exclusively in Butte County Superior Court or the United States District Court, Eastern District of California.

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

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

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

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

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upon or resulting from the award or making of this Task Order. For breach or violation of this warranty, City shall have the right to rescind this Task Order without liability. For the term of this Task Order, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Task Order, or obtain any present or anticipated material benefit arising therefrom.

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

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

CITY OF OROVILLE CONSULTANT
By: ___________________________ By: ___________________________ Bill LaGrone, City Administrator Wes Gilbert, President W. G. Civil Engineers, Inc.
dba W. Gilbert Engineering,
an “S” corporation
APPROVED AS TO FORM:

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
Attachment: Exhibit A - Consultant Scope and Fee
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W. GILBERT ENGINEERING
Civil Engineering / Land Surveying
140 Yellowstone Drive, Suite 110 • Chico, CA 95973
Phone: (530) 809-1315 • Fax: (530) 267-3651
www.wgi lbertengineeri ng.com
November 23, 2022
City of Oroville
1735 Montgomery Street
Oroville, CA 95965
Attn:

Subject:

Dear Dawn:

Dawn Nevers, Assistant Community Development Director
Proposal for Professional Services
Oroville Rescue Mission Pallet Shelter
W Gilbert Engineering (WGE) is pleased to present you with this proposal for professional services for the Oroville Rescue Mission Pallet Shelter Project located at 4248 Lincoln Boulevard (APN 035- 200-034).

Upon receipt of an executed task order, WGE will provide the following scope of work:

Task A - Topographic Surveys:

Using conventional and GPS field surveying services and aerial photography, WGE will locate, and map existing site improvements, ground elevations (on-site and along old railroad right of way to the north of the project site), street improvements, sanitary sewer improvements and storm drain facilities that will include, but not be limited to the following items:

Task B - Site Improvement Plans:

Site improvement plans will include, but not limited to the following:
• Dimensioned site plan.
• Demolition plan.
• Finish site and pad grades.
• Storm drain inlets, collection system and detention/retention. • Sanitary sewer improvements in accordance with LOAPUD standards. • ADA accessibility improvements, as needed.
• Prepare special provisions, quantity estimates and engineer's estimate to include in the bid documents.

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Draft plans will be submitted to City staff and LOAPUD for review and comment. Once comments are received, final "construction-ready" plans will be prepared and submitted to City staff and LOAPUD for review and signature.

Task C - Storm Drain Study:

In conjunction with the Elgin-Ft. Wayne Drainage Study, WGE will prepare mapping and calculations to address the existing drainage improvements and provide recommendations for improvements to mitigate existing flooding in Flood Zone A as shown on FIRM Panel 0985E dated January 6, 2011.

Compensation:

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

Task A -Topographic Surveys $6,860.00
Task B - Site Improvement Plans $12,680.00
Task C - Storm Drain Studv $15,140.00
Total $34,680.00
We appreciate the opportunity to submit this proposal and look forward to working with you.

Sincerely,
t w.a
· F/ 21689
President, W.G. Civil Engineers, Inc.
dba W. Gilbert Engineering
Enclosures: Proposed staff hours and costs
Fee Schedule
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Item 8.

Task A - Topographic Surveys:

Hrs Rate Total Task Totals
1 Field surveys
Principal 2 $ 140 $ 280
Associate Civil Engineer 2 $ 130 $ 260
Survey Crew 24 $ 155 $ 3,720 $ 4,260
2 Topographic mapping
Principal 1 $ 140 $ 140
Assistant Engineer 4 $ 120 $ 480
Engineering Technician III 12 $ 90 $ 1,080
Engineering Technician I 12 $ 75 $ 900
$ 2,600
Task A $ 6,860
Task B - Site Improvement Plans:
1 Site Improvement Plans
Principal 24 $ 140 $ 3,360
Associate Civil Engineer 32 $ 130 $ 4,160
Assistant Engineer 32 $ 120 $ 3,840
Engineering Technician III 8 $ 90 $ 720
Engineering Technician I 8 $ 75 $ 600 $ 12,680
Task B $ 12,680
Task C - Storm Drain Study:
1 Mapping and Calculations
Principal 4 $ 140 $ 560
Associate Civil Engineer 16 $ 130 $ 2,080
Assistant Engineer 16 $ 120 $ 1,920
Engineering Technician III 8 $ 90 $ 720
Engineering Technician I 8 $ 75 $ 600 $ 5,880
2 Report Preparation
Principal 40 $ 140 $ 5,600
Associate Civil Engineer 12 $ 130 $ 1,560
Assistant Engineer 12 $ 120 $ 1,440
Engineering Technician III 4 $ 90 $ 360
Engineering Technician I 4 $ 75 $ 300 $ 9,260
TaskC $ 15,140
Project Total $ 34,680
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W. GILBERT ENGINEERING
Civil Engineering / Land Surveying
140 Yellowstone Drive, Suite 110 • Chico, CA 95973
Phone: (530) 809-1315 • Fax: (530) 267-3651
www.wgilbertengineering.com

FEE SCHEDULE
January 1, 2022, through December 31, 2022
Principal $140.00/hour
Associate Civil Engineer $130.00/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 l7" $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
144
Item 8.

COMMUNITY DEVELOPMENT December 6, 2022

OROVILLE CITY COUNCIL

STAFF REPORT
TO: CITY COUNCIL
FROM: DAWN NEVERS, ASST. DIRECTOR OF COMMUNITY DEVELOPMENT

AND HEATHER MCCAFFERTY, CULTURAL FACILITES CURATOR
RE: DONATIONS TO THE C.F. LOTT HOME
DATE: DECEMBER 6, 2022

SUMMARY
The City Council may consider acknowledging the receipt of a collection of various items to the C.F. Lott Home.

DISCUSSION
The City recently received a donation containing:
 1 Staffordshire Flatback Spill Vase circa 1840
 1 Gaudy Welch Cup and Saucer with Imari Pattern
 1 Gaudy Welsh Imari Pattern Biscuit barrel with metal lid and handle  1 Gaudy Welse Serpent handle pitcher with Imari pattern The donations have been reviewed by Dawn Nevers, Asst. Community Development Director, Heather McCafferty, Cultural Facilities Curator and David Dewey, President of the Docent Association, and have been deemed acceptable to add to the collection. This collection of antique porcelain items are in compliance with Museum Policies & Procedures which calls for items accepted and placed in the C.F. Lott Home from the appropriate time period and, “should be limited to the lifetime of Judge C.F. Lott, with particular emphasis on the years 1849-1918.” The earthenware objects in this collection are period correct to mid to late 19th century and would be in use by families of that era for activities of daily life. The donated items can be used for display in Lott Home display cabinets or included in the home in the appropriate locations where the items would be found for use.

Included in this collection are Gaudy Welch dishware for the service of tea and cookies.

Gaudy Welsh first appeared around the late 1820’s as a “working class” chinaware that was created to serve the needs of an emerging middle class born from the industrial era.

The items were decorated with distinctive colors of orange, dark and light greens, intense cobalt used along with gold lustre. Gaudy Welch pottery was made between 1820-1920s and produced in several pottery making regions of Britain including South Wales, the North East (Sunderland, Newcastle and Middlesbrough), the South West (Bristol) and in 145
Item 9.

COMMUNITY DEVELOPMENT December 6, 2022
the Staffordshire Potteries. The majority of the ware was produced in Staffordshire.

The Staffordshire Flatback Spill Vase, circa 1840, would have been used in the mid-19th century when the Lott Family first came to the area. Spill Vases held tapers or "spills", which were thin wooden sticks or tightly curled strands of paper used to transfer flames to light candles, fireplaces, or tobacco smoking pipes. These were used until cost effective matches were manufactured in the late 19th century. Staffordshire wares were made by a number of different potteries in the Staffordshire, England region beginning in the early 17th century due to the local availability of clay, salt, lead and coal for firing them. became a center of ceramic production in the early 17th century, due to the local availability of clay, salt, lead and coal. There are still a handful of potteries producing earthen ware in the area today.

FISCAL IMPACT
There is no fiscal impact at this time.

RECOMMENDATION
Acknowledge receipt of the donations for the C.F. Lott Home and recommend that the City Council accept the donations.

ATTACHMENT(S)
Donation Object History Form
Deed of Gift
Photos
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Item 9.

COMMUNITY DEVELOPMENT December 6, 2022

OROVILLE CITY COUNCIL

STAFF REPORT
TO: CITY COUNCIL
FROM: DAWN NEVERS, ASST. DIRECTOR OF COMMUNITY DEVELOPMENT

AND HEATHER MCCAFFERTY, CULTURAL FACILITES CURATOR
RE: DONATIONS TO THE CHINESE TEMPLE
DATE: DECEMBER 6, 2022

SUMMARY
The City Council may consider acknowledging the receipt of a collection of various items to the Chinese Temple.

DISCUSSION
The City recently received a donation containing:
 1 white soapstone carving of ShouXing, the Star God of Longevity.  3 soapstone carvings (1 ink brush wash and 2 vases with peach and leaves)  1 blue and white ginger jar with lid and stand
 1 God of Longevity figure carved from buffalo or Ox horn with stand  1 wood carving of the Star God of Longevity
 1 wooden statue of Guan Yin, Goddess of Mercy, holding a ruyi scepter, “ruyi” means “as you wish,” so she is granting your wish.
 Jade or Soapstone cup with double handles, lid and stand  Soapstone carving of a man with sheep on stand
The donations have been reviewed by Dawn Nevers, Asst. Community Development Director, Heather McCafferty, Cultural Facilities Curator and Ann Chamberlain, Lead Docent of the Chinese Temple, and have been deemed acceptable to add to the interpretive education collection. This collection is in compliance with Museum Policies & Procedures which calls for items accepted and placed in the Chine Temple that would be suitable for display, for use to augment displays or for interpretive education be accepted.

These items are from the mid-20th century and are considered “souvenir” art. Because they are not valuable or rare, these items would be good for a museum in a box project, for hands on learning opportunities, or for display for educational purposes.

FISCAL IMPACT
There is no fiscal impact at this time.
151
Item 10.

COMMUNITY DEVELOPMENT December 6, 2022

RECOMMENDATION
Acknowledge receipt of the donations for the Chinese Temple and recommend that the City Council accept the donations.

ATTACHMENT(S)
Temporary Receipt FOrm
Deed of Gift
Photos
152
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Item 10.

COMMUNITY DEVELOPMENT December 6, 2022

OROVILLE CITY COUNCIL

STAFF REPORT
TO: CITY COUNCIL
FROM: DAWN NEVERS, ASST. DIRECTOR OF COMMUNITY DEVELOPMENT

AND HEATHER MCCAFFERTY, CULTURAL FACILITES CURATOR
RE: DONATIONS TO THE PIONEER HISTORY MUSEUM
DATE: DECEMBER 6, 2022

SUMMARY
The City Council may consider acknowledging the receipt of a collection of various items to the Pioneer History Museum.

DISCUSSION
The City recently received a donation containing:
 1 Christening Gown and 1 pair of baby shoes belonging to Leona Hadley, from 1905. The gown made by her mother Estelle Chase Hadley.  1 Wedding Dress from August 25, 1929 wedding of Leona Evelyn Hadley, Vernon Denton Chamberlain
 1 Wedding dress from September 23, 1951 Dorothy Ann Chaimberlen, Edward Raymond Schneegas.
 1 Bridesmaid dress from September 1951 Marie Chaimberlen Kenny, sister of Dorothy and daughter of Leona Hadley
 1 B & W photograph of Leona and Vernon Chaimberlen’s 1929 wedding in front of the First Congregational Church in Oroville.
 1 B & W photograph of Dorothy and Edwar Schneegas 1951 wedding in front of the First Congregational Church in Oroville.

The donations have been reviewed by Dawn Nevers, Asst. Community Development Director, Heather McCafferty, Cultural Facilities Curator and David Dewey, Lead Docent of the Pioneer History Museum, and have been deemed acceptable to add to the collection. This collection of clothing and wedding dresses are in compliance with Museum Policies & Procedures which calls for items accepted and placed in the Pioneer History Museum to be in the geographical boundaries of the original Butte County/Oroville area and appropriate time period, limited to the Nineteenth Century (1800-1899) with the exception of Early Twentieth Century (1900-1945) of historically significant aspects that define the unique character and development of Butte County / Oroville area. Included in this collection are garments marking important days in the lives women from the community of Oroville at the turn of the century into the middle of the 20th century. The 159
Item 11.

COMMUNITY DEVELOPMENT December 6, 2022
photos included with the gift provide a window into the past and show the continuity of 2 generations of women from a local family on their wedding day, both at the First Congregational Church in Oroville. The family’s history in the area includes gold mining, olives, oranges, lumber and education.

FISCAL IMPACT
There is no fiscal impact at this time.

RECOMMENDATION
Acknowledge receipt of the donations for the Pioneer Museum and recommend that the City Council accept the donations.

ATTACHMENT(S)
Donation Object History Form
Temporary Receipt Form
Deed of Gift
Photos
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CITY OF OROVILLE

STAFF REPORT
TO: OROVILLE CITY COUNCIL
FROM: LIZ EHRENSTROM, HUMAN RESOURCE MANAGER
RE: CONSIDER AND APPROVE A PROFESSIONAL SERVICES

AGREEMENT WITH KOFF & ASSOCIATES TO CONDUCT A

CITYWIDE COMPENSATION STUDY
DATE: DECEMBER 6, 2022

SUMMARY
The Council may consider and approve the professional services agreement between the City of Oroville and Koff & Associates to conduct a citywide compensation study.

On November 1, 2022, the City Council approved and authorized moving forward with the proposal from Koff & Associates to conduct a citywide compensation study.

The Professional Services Agreement is attached for your consideration and approval. This is the City’s standard contract for services. Staff recommends approval.

FISCAL IMPACT
The compensation study will not exceed $36,925, which was set aside in this years’ Human Resource budget under outside services, account number 1501-6360.

RECOMMENDATION
Adopt Resolution No. 9116 – A RESOLUTION OF THE OROVILLE CITY COUNCIL

AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AN AGREEMENT WITH KOFF AND ASSOCIATES TO CONDUCT A CITYWIDE COMPENSATION STUDY.

ATTACHMENTS
Resolution No. 9116
Koff & Associates Professional Services Agreement A-3438 Koff & Associates Proposal
166
Item 12.

CITY OF OROVILLE
RESOLUTION NO. 9116

A RESOLUTION OF THE OROVILLE CITY COUNCIL AUTHORIZING AND

DIRECTING THE MAYOR TO EXECUTE A PROFESSIONAL SERVICES

AGREEMENT BETWEEN THE CITY OF OROVILLE AND KOFF & ASSOCIATES (Agreement No. 3438)
BE IT HEREBY RESOLVED by the Oroville City Council as follows:

1. The Mayor is hereby authorized and directed to execute a Professional Services Agreement between the City of Oroville and Koff & Associates. A copy is attached hereto as Exhibit “A”.

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

PASSED AND ADOPTED by the Oroville City Council at a regular meeting held on December 6, 2022, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Charles Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

Scott E. Huber, City Attorney Assistant City Clerk, Jackie Glover 167
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of December 6, 2022, by and between the City of Oroville (“City”) and Koff & Associates (“Consultant”).

RECITALS
A. The Consultant is specially trained, experienced, and competent to provide citywide total compensation study services relating to the completion of a full compensation study as required by this Agreement; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

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

AGREEMENT

1. Scope of Services. The Consultant shall furnish the following services in a professional manner. Consultant shall perform the services described on Exhibit “A” which is attached hereto and incorporated herein by reference.

2. Time of Performance. The services of Consultant shall commence upon execution of this Agreement and shall continue until the Project is completed to the satisfaction of the City.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Fee Schedule set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amounts of $36,925 without additional written 168
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authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects in Consultant’s services, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant’s bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff.

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

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

7. Ownership of Documents. All plans, studies, documents, and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon 169
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payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any other party. Consultant shall, at Consultant’s expense, provide such reports, plans, studies, documents, and other writings to City within three (3) days after written request.

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

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

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Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City’s name or insignia, photographs relating to project for which Consultant’s services are rendered, or any publicity pertaining to the Consultant’s services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
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c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Administrator, City Attorney, City Finance Director, or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when its practical to do so.

Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant’s address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the abovenamed officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

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

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investment which would be affected in any manner or degree by the performance of Consultant’s services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal agreement monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation, or counsel. (FPPC Reg. 18700(a)(2).)

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

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

15. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents 173
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and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are required by the City for its business.

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

17. Insurance Requirements. Consultant, at Consultant’s own cost and expense, shall procure and maintain, for the duration of the Agreement, the insurance coverage and policies as set forth in Exhibit “B” attached hereto.

18. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first-class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
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If to City: Bill LaGrone, City Administrator
City of Oroville
1735 Montgomery Street
Oroville, CA 95965-4897
If to Consultant: Koff & Associates
2835 Seventh St.

Berkeley, CA 94710

19. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations are superseded in total by this Agreement.

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

21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience, and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express prior written consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 175
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22. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.

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

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

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

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

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

Each party warrants that the individuals who have signed this Agreement have 176
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the legal power, right, and authority to make this Agreement and to bind each respective party.

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

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

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.
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CITY OF OROVILLE
By: ___________________________ By: ___________________________ Charles Reynolds, Mayor
APPROVED AS TO FORM: ATTEST:

By: ____________________________ By: ___________________________ Scott E. Huber, City Attorney Bill LaGrone, Acting City Clerk Attachments:

Exhibit A – Koff & Associates - Proposal to Conduct a Compensation Study Exhibit B - Insurance Requirements
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October 12, 2022
Compensation Study
Proposal
City of Oroville

KOFF & ASSOCIATES, A GALLAGHER COMPANY
GEORG S. KRAMMER
Managing Director, Compensation and Rewards Consulting
2835 Seventh Street
Berkeley, CA 94710
www.KoffAssociates.com
[email protected]
Tel: 510.658.5633
Fax: 510.652.5633
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2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com October 12, 2022
Ms. Liz Ehrenstrom
Human Resources Manager
1735 Montgomery St.

Oroville, CA 95965
Dear Ms. Ehrenstrom:

Thank you for the opportunity to respond to your Request for Proposals for a Total Compensation Study for the City of Oroville (“City”). We are most interested in assisting the City with this important study and feel that we are uniquely qualified to provide value to your organization based on our experience working with other cities, counties, special districts, joint-powers associations, and other public agencies, including several clients in Butte County.

Koff & Associates, now a Gallagher company, is an experienced Human Resources and Recruitment Services firm providing human resources services to cities, counties, special districts, courts, educational institutions, and other public agencies for 38 years. The firm has achieved a reputation for working successfully with management, employees, and governing bodies. We believe in a high level of dialogue and input from study stakeholders and our proposal speaks to that level of effort. Our firm’s extra effort has resulted in close to 100% implementation of all of our classification and compensation studies.

Koff & Associates ensures that each of our projects is given the appropriate resources and attention, resulting in a high level of quality control, excellent communication between clients and our office, commitment to meeting timelines and budgets, and a consistently high-caliber work product.

As a Managing Director of Koff & Associates, Katie Kaneko would assume the role of Project Director and be responsible for the successful completion of project. We can be reached at our Berkeley address and the phone number listed on the cover page. Katie’s email is [email protected] and my email is [email protected].

This proposal will remain valid for at least 90 days from the date of submittal. Please call if you have any questions or wish additional information. We look forward to the opportunity to provide professional services to the City of Oroville.

Sincerely,
Georg S. Krammer
Managing Director, Compensation and Rewards Consulting
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2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com

TABLE OF CONTENTS
Firm Qualifications 1
Team Member Qualifications 2
References 10
Executive Summary, Approach, Methodology 12
Time Requirements 21
Cost Proposal 22
Contractual Considerations 24
Signature Page
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Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 1 FIRM QUALIFICATIONS
Koff & Associates (“K&A”) is a full-spectrum, public-sector human resources and recruitment services firm that was founded in 1984 by Gail Koff; K&A has been assisting cities, counties, special districts, other public agencies, and non-profit organizations with their human resources needs for 38 years.

As of April 30, 2021, we are in the process of merging with Arthur J. Gallagher and are now officially a Gallagher Division. Our headquarters are in Berkeley, CA, and we have satellite offices in Southern California, the Central Valley, the Sacramento Region, and the Western Region.

We are familiar with the various public sector organizational structures, agency missions, operational and budgetary requirements, and staffing expectations. We have extensive experience working in both union and non-union environments (including service as the management representative in meet & confer and negotiation meetings), working with City Councils, County Commissions, Boards of Directors, Boards of Supervisors, Boards of Trustees, Merit Boards, and Joint Power Authorities.

The firm’s areas of focus are classification and compensation studies (approximately 70% of our workload); executive search and staff recruitments; organizational development/assessment studies; performance management and incentive compensation programs; development of strategic management tools; policy/procedure development and employee handbooks; training and development; public agency consolidations and separations; Human Resources audits; and serving as off-site Human Resources Director for smaller public agencies that need the expertise of a Human Resources Director but do not need a full-time, on-site professional.

Without exception, all of our compensation studies have successfully met all of our intended commitments; communications were successful with employees, supervisors, management, and union representatives; and we were able to assist each agency in successfully implementing our recommendations. All studies were brought to completion within stipulated time limits and proposed budgets.

Our long list of clients (please see https://koffassociates.com/our-clients/) is indicative of our firm’s reputation as being a quality organization that can be relied on for producing comprehensive, sound, and cost-effective recommendations and solutions. K&A has a reputation for being “hands on” with the ability and expertise to implement its ideas and recommendations through completion in both union and nonunion environments.

K&A relies on our stellar reputation and the recommendations and referrals of past clients to attract new clients. Our work speaks for itself and our primary goal is to provide professional and technical consulting assistance with integrity, honesty and a commitment to excellence. We are very proud of the fact that in working with hundreds of public agency clients and completing hundreds of classification and/or compensation and other types of studies, we have only had a handful of formal appeals in our entire history.
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Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 2 Our team consists of 37 employees as shown below in our organizational chart.

No subcontractors will be assigned to this study.

TEAM MEMBER QUALIFICATIONS
All members of our team have worked on multiple comprehensive total compensation studies and are well acquainted with the wide array of public sector organizational structures, compensation structures, classification plans, as well as the challenges and issues that arise when conducting studies such as this one for the City.

KEY PERSONNEL
Our project team will be led by Co-Project Directors Katie Kaneko (Managing Director) and Kari Mercer (Project Manager). They will coordinate all of K&A’s efforts, attend all meetings with the City, and be responsible for all work products and deliverables.

CONSULTANTS
Lindsay Christopher (Senior HR Associate), Monica Garrison-Reusch (Senior HR Associate), Arlene Marks Gibbs (HR Associate), Cindy Harary (Senior HR Associate) and Renate Tiner (HR Associate) will conduct compensation data collection and analysis, internal job analysis, develop recommendations and implementation strategies.
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Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 3 WORKLOAD
We currently have a team of 27 HR consultants and five administrative support staff – resources that we are able to pool base on each project’s needs, to execute projects and to meet clients’ needs and expectations. Each time we are selected as the successful bidder on a project, we strategize to determine project timelines, deliverable deadlines, and the resources that are required to produce the deliverables as promised. We are poised to accommodate the City’s compensation study and plan to devote the necessary resources for the successful executive of the project.

Following are biographies of the specific staff who will be assigned to this study:

Catherine “Katie” Kaneko, C.P.A., P.H.R.

Managing Director, Compensation and Rewards Consulting
Katie is one of the two principals of Koff & Associates. She brings more than 25 years of managementlevel human resources and consulting experience to K&A. She has extensive experience in classification analysis and evaluation techniques, compensation, performance incentive programs, recruitment, and organizational studies.

Armed with her Bachelor of Business Administration degree, and as a CPA (Certified Public Accountant), Katie began her career in an international accounting/consulting firm. She transitioned into Human Resources within the firm to become the Human Resources Director of the San Francisco office. She next moved into the high-tech industry where she served in leadership positions for high-growth companies, startup firms, and organizations in transition. Katie then moved to the public sector, joining K&A in 2003 and has been the firm’s President since 2005; over the last 16 years, she has overseen hundreds of compensation, classification, organizational and other studies for cities, counties, and special districts throughout California.

Agencies for whom classification and/or compensation studies, or HR Services (such as organizational assessments, executive performance evaluations, succession planning studies, etc.) were led by Katie, as Project Director, during the last few years, include, but are not limited to, the following:
• Cities and/or Towns: Albany, Belmont, Benicia, Calistoga, Carmel, Coachella, Crescent City, Cupertino, Danville, Dinuba, East Palo Alto, Fairfield, Galt, Hayward, Hillsborough, Los Altos, Los Gatos, Madera, Manteca, Merced, Monterey, Moraga, Morgan Hill, Mt. Shasta, Newman, Novato, Pacific Grove, Pacifica, Palo Alto, Paradise, Piedmont, Redwood City, Rohnert Park, Sacramento, San Bruno, San Pablo, San Ramon, Santa Cruz, Santa Rosa, Seaside, Sonora, Tracy, Tulare
• Counties: Butte, El Dorado, Humboldt, Mendocino, Merced, Placer, San Joaquin, San Mateo, Sonoma, Tuolumne, Yuba
• Courts: Superior Court of the County of Alameda, Superior Court of San Joaquin County • Education: First Five Contra Costa, First Five Santa Clara, Hartnell College, Salinas Union High School District, Southwestern Community College District, Travis Unified School District • State: California State Compensation Insurance Fund; California State Auditor’s Office • Other: Municipal Pooling Authority, Public Agency Risk Sharing Authority of California • Special Districts:
o Open Space Districts: Midpeninsula Regional Open Space District, Santa Clara Valley Open Space Authority, Sonoma County Agricultural Preserve and Open Space District. 184
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City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 4 o Park and Recreation Districts: Livermore Area Recreation and Park District, Mendocino Coast Recreation & Park District,
o Air Quality: Bay Area Air Quality Management District o Community Services District: Cosumnes Community Services District, Discovery Bay Community Services District, Groveland Community Services District, Rancho Murieta Community Services District, Town of Discovery Bay CSD
o Fire and Police Protection: Central Fire District of Santa Cruz County, East Contra Costa Fire Protection District
o Housing/Economic Development: Oakland Housing Authority o Public Utilities: Northern California Power Agency
o Retirement: Contra Costa County Employees’ Retirement Association, Retirement Office of City of San José
o Solid Waste: Alameda County Waste Management Authority, Humboldt Waste Management Authority, Monterey Regional Waste Management District, Salinas Valley Solid Waste Authority
o Transportation: Alameda Contra Costa Transit District, San Francisco County Transportation Authority, Solano Transportation Authority
o Wastewater: Castro Valley Sanitary District, Central Contra Costa Sanitary District, Dublin San Ramon Services District, East Palo Alto Sanitary District, Encina Wastewater Authority, Fairfield Suisun Sewer District, Las Gallinas Sanitary District, Monterey Regional Water Pollution Control Agency, Mt. View Sanitary District, Vallejo Flood and Wastewater District, West Valley Sanitation District
o Water: Alameda County Water District, Coastside County Water District, Indian Wells Valley Water District, North Coast County Water District, Santa Clara Valley Water District, Valley County Water District, Zone 7 Water Agency
Katie will be key personnel and serve as the Co-Project Director for this project; she will coordinate all of K&A’s efforts, will attend all meetings with the City, and will be responsible for all work products and deliverables.

Kari Mercer, SPHR
Project Manager
Kari’s professional qualifications include over 13 years of experience in the Human Resources field, including work in classification and compensation, employee relations, and recruitment and examination.

Her experience includes both private and public sector Human Resources work for the County of Madera, County of Fresno, and Macy’s. She gained experience in classification and compensation, labor relations, MOU administration, policy development and administration, recruitment and examination, and general human resources administration.

As a Human Resources Consultant for another private human resources consulting firm she specialized in conducting classification and compensation studies for multiple public sector agencies, such as: Cities of Anaheim, Concord, Palmdale, Redding; Counties of Lake, Madera, Monterey, and Sacramento; and special districts such as: California Joint Powers Risk Management Authority, East Bay Regional Park District, Elk Grove Water District, San Diego Association of Governments, San Francisco Municipal Transportation Agency, and Ventura Regional Sanitation District. Additionally, Kari has consulted for out-of-state clients in Maryland, New Mexico, and Texas.
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2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 5 Since joining Koff & Associates, Kari has worked on a wide variety of classification and compensation projects for the following agencies:
• Cities/Towns: Anaheim, Arroyo Grande, Atascadero, Belmont, Hayward, Madera, Manteca, Merced, Milpitas, Oakland, Perris, Pleasant Hill, Redwood City, San Pablo, Santa Clara, Saratoga, Seal Beach, Seaside, Tracy, Vallejo
• Counties: El Dorado, Fresno, Humboldt, Merced, Monterey, Orange, San Joaquin • Special Districts: Coachella Valley Public Cemetery District, Cosumnes Community Services District, First 5 of Alameda County, Foothill-DeAnza Community College District, Housing Authority of the City of Santa Barbara, Housing Authority of the County of San Bernardino, Livermore Area Recreation and Park District, Mendocino Coast Recreation and Park District, Port of Oakland, Orange County Fire Authority, Santa Clara County Housing Authority, Superior Court of California-Kern County, Sweetwater Authority, Travis Unified School District, Truckee Sanitary District, West Valley Mission Community College District, Valley County Water District
She earned her B.S. degree in Business Administration with an emphasis on Human Resources Management at California State University, Fresno and is a certified Senior Professional in Human Resources (SPHR). Kari serves as a Personnel Commissioner for the City of Clovis and is a member of Central California SHRM.

Kari will provide managerial project support throughout this effort, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Lindsay Christopher
Senior H.R. Associate
Lindsay’s professional qualifications include ten years of experience working in the public sector, mostly with Alameda County. In her role as Human Resources Analyst, she was responsible for classification and compensation projects, as well as recruitment and selection, in a Civil Service, merit-based, environment.

Mostly recently, she continued to focus on classification and compensation projects at East Bay Regional Park District.

Since joining K&A, Lindsay has worked on studies for the following:
• Cities: Gardena, Hemet, Milpitas, Tracy, Corona, Seattle (Library), Napa • Counties: Humboldt
• Special Districts: Contra Costa County Employees’ Retirement Association, Greater LA County Vector Control District, Orange County Sanitation District, Purissima Hills Water District, Marin Municipal Water District, Housing Authority of the City of Santa Barbara, Tri-City Mental Health Authority, Victor Valley College, Buena Park Library District, East Bay Regional Park District, Tualatin Hills Park and Recreation District, Valley Water, San Luis and Delta Mendota Water Authority
A Bay Area native, Lindsay earned her B.A. degree in Sociology with a concentration in Criminology from San Jose State University.
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2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 6 Lindsay will provide Senior H.R. Associate support throughout this effort, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Monica Garrison-Reusch, B.A., M.B.A.

Senior H.R. Associate
Monica has over 15 years of human resource program experience, all of which have been spent serving as either a team consultant or project manager on projects working with public sector agencies. Monica’s primary professional focus over the last several years has been on classification and compensation practices.

Prior to joining K&A, Monica performed classification and compensation consulting services as either a team member or project manager on varied projects including large scale studies done for the Counties of Madera, Sacramento, Bernalillo (in New Mexico), and the California State Department of Personnel Administration. Monica also developed and served as a Co-Trainer for a two-day course on Classification and Compensation.

Monica’s depth of experience allows her to provide a broad range of human resources services to public agencies. She specializes in compensation projects focusing on both base salary and total compensation analysis studies. Monica has also worked on project teams conducting classification studies and organizational analysis, including performing the full range of classification analysis and conducting indepth survey and analysis of organizational structures and past organizational practices.

Since joining K&A, Monica has worked on studies for the following clients:
• Cities: Cotati, Crescent City, Pleasant Hill, Sacramento, Vallejo • Counties: El Dorado, Mendocino, Monterey, Trinity
• State: California State Auditor’s Office
• Special Districts: AC Transit, Cosumnes Community Services District, East Bay Municipal Utility District, Eastern Municipal Water District, El Dorado County Transit Authority, First 5 Contra Costa County, First 5 Santa Clara County, Hayward Area Recreation and Park District, Livermore Amador Valley Transit Authority, Mendocino Coast Rec and Park District, Mojave Water Agency, North Tahoe Public Utility District, Orange County Transportation Authority, State Water Contractors, Trabuco Canyon Water District She earned an MBA with an emphasis in Marketing at Golden Gate University and a Bachelor of Science in Business Administration from the University of Southern California.

Monica will provide Senior H.R. Associate support for this project, including interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Arlene Marks Gibbs, BS, MPA, SPHR, IPMA-CP
Senior Associate
Arlene Gibbs possesses over thirty years of Human Resources management experience including spending over twenty years in the public sector working for both large and small education, municipal and special district organizations in California.

Her public sector experience includes serving as the Chief Human Resources Officer for San Diego State University which is the largest California State University campus with over 6,700 faculty and staff. While 187
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City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 7 at San Diego State, Arlene led the HR Directors Committee for the 23 campus system of HR service delivery. Her experience also includes senior and executive HR management roles with several small and large public agencies including the City of San Jose, the City of Tustin as well as air and water/wastewater special districts.

Arlene’s experience includes all facets of Human Resources, Employee & Labor Relations. She is an experienced labor contract negotiator having negotiated many public sector labor agreements while serving as the Chief Spokesperson/Labor Negotiator. In addition, her experience includes managing recruitment and selection processes for all types of public sector positions, handling employee benefits functions, responding to labor and employee relations issues, coordinating classification and compensation studies, complying with labor laws, conducting personnel investigations, and managing a wide variety of general human resources functions.

Arlene holds a Masters’ Degree in Public Administration from California State University Northridge and a Bachelor of Science Degree in Business Administration with an emphasis in Labor Relations from California State University Long Beach. She also is certified as an IPMA-CP and as a Senior Professional in Human Resources (SPHR).

Arlene has also led and participated in local, regional as well as statewide efforts in small and large agencies with the League of California Cities, IPMA as well as serving as a resource for City, County, State and Local Boards, Councils, Committees and Commissions.

Some of the K&A classification and compensation projects Arlene has worked on include but are not limited to:
• Cities/Counties/Towns: County of Butte, City of Bellflower, City of Concord, City of Cupertino, Humboldt County, City of Los Altos, Town of Los Altos Hills, and the City of Pinole.
• Special Districts: Dublin San Ramon Services District, Garfield County Public Library District (CO), Coachella Valley Water District, Foothill De Anza Community College District, and the Los Angeles County Development Authority.

Cindy Harary, B.A.

Senior H.R. Associate
Cindy’s professional qualifications include over 32 years of experience in the Human Resources field, primarily in classification and compensation. She spent the first 11 years in the public sector working for the City of Whittier, California, where she started out in their Public Works Department before moving to the Human Resources Department. She gained experience in classification and compensation, recruitment and selection, employee training and development, labor relations, and general human resources administration.

For the next 16 years, Cindy worked as a Human Resources Consultant for a consulting firm where she specialized in conducting classification and compensation studies for multiple public sector agencies including cities, counties, and special districts as well as several private sector clients. Some of the Orange County Cities she worked on in partnership with other consultants at that firm were: Cities of Brea, Laguna Beach, Lake Forest, La Palma, Los Alamitos, Placentia, San Clemente, Stanton and Tustin. In Los Angeles County, her work includes: Cities of Corona, Downey, El Monte, Manhattan Beach, and Upland. Finally, in San Bernardino County she has worked on the City of Rancho Cucamonga. 188
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Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 8 Since joining Koff & Associates in 2015, Cindy has worked on Classification and/or Compensation studies for:
• Cities/Towns: Anaheim, Big Bear Lake, Campbell, Carmel, Corona, Danville, Davis, Indian Wells, Laguna Niguel, Los Altos, Manteca, Menifee, Murrieta, National City, San Diego, Santa Ana, Santa Barbara, Seal Beach, Tracy, Yucca Valley • Counties: Orange
• Education: Compton College
• Special Districts: Alameda Housing Authority, Altadena Library District, Bay Area Water Supply and Conservation Agency, Cosumnes Community Services District, Eastern Municipal Water District, Encina Wastewater Authority, Housing Authority of Alameda County, Housing Authority County of San Bernardino, Housing Authority for the County of Santa Barbara, Humboldt Waste Management Authority, Inland Empire Utilities Agency, Monte Vista Water District, North Coast County Water District, Orange County Fire Authority, Orange County Mosquito & Vector Control District, Oro Loma Sanitary District, Port of Hueneme, Rincon del Diablo Municipal Water District, Riverside County Transportation Commission, Santa Clarita Valley Water Agency, South Coast Air Quality Management District, Sweetwater Authority, Trabuco Canyon Water District, Vallecitos Water District, Water Replenishment District of Southern California, Western Municipal Water District
Cindy earned her B.A. degree in Broadcast Journalism at California State University, Long Beach.

Cindy will provide H.R. Associate support throughout this effort, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies.

Renate Tiner, B.Sc.

H.R. Associate
Renate’s professional qualifications include five years of both non-profit and private sector Human Resources experience. Starting in Human Resources administration and rising into Human Resources management, she gained experience in full-cycle recruitment, orientation and on-boarding, Health and Safety, Worker’s Compensation, licensing and accreditation, policy development, and general Human Resources administration.

Since joining Koff & Associates in 2017, Renate has worked on Classification and Compensation Studies for the following agencies:
• Cities: Bellflower, Concord, Cupertino, El Monte, Hillsborough, Los Altos, Mt. Shasta, Piedmont, Rohnert Park, San Diego, Sausalito, West Sacramento • Special Districts: Alameda County Transportation Commission, Bay Area Water Supply and Conservation Agency, Eastern Municipal Water District, Dublin-San Ramon Services District, Foothill-De Anza Community College District, Groveland Community Services District, Los Angeles County Employees Retirement Association, Metropolitan Transportation Commission, Midpeninsula Regional Open Space District, Port of Long Beach, Riverside Community College District, and San Joaquin County Superior Court 189
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City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 9 Renate earned her B.Sc. degree in Psychology from the University of Northern British Columbia, in Prince George BC, Canada. She was a Canadian Human Resource Professional (CHRP) Candidate before moving to the United States.

She will provide H.R. Associate support throughout this effort, including classification analysis, interviews with employees and management, compensation data collection and analysis, internal job analysis, development of recommendations, and implementation strategies. 190
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Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 10 REFERENCES
Agency & Project Contact
City of Belmont (population: 27,140)
Total Compensation Study, completed 2019.

Ms. Corazon “Cora” Dino
Human Resources Director
(650) 637-2988
One Twin Pines Lane
Belmont, CA 94002
[email protected]
City of Calistoga (population: 5,311)
Currently, 2021, another Compensation Study underway.

Limited Class & Total Comp Study, completed 2018.

Classification and Compensation Study, completed 2015.

Ms. Gloria Leon
Administrative Services Director
(707) 942-2803
1232 Washington Street
Calistoga, CA 94515
[email protected]
City of Chico
Citywide classification study completed 2022.

Ms. Jamie Cannon
Director of Human Resources
411 Main St.

Chico, CA 95928
(530) 879-7901
[email protected]
City of Concord (population: 129,783)
Total Compensation Study, completed 2019 and 2021.

Total Compensation Study, completed 2016.

Ongoing classification and compensation work since 2016.

Ms. Jasmin Loi
Director of Human Resources
(925) 671-3310
1950 Parkside Drive, MS/30
Concord, CA 94519
[email protected]
City of Cotati (population: 7,455)
Compensation Study City-wide, completed 2021.

Compensation Study (Maintenance & Police), completed 2017.

Compensation Study, completed 2016.

Mr. Damien O’Bid
City Manager
(707) 665-3621
201 West Sierra Ave.

Cotati, CA 94931
[email protected]
City of Elk Grove
Ongoing classification and compensation studies since 2020.

Ms. Melissa Rojas
Human Resources Director
(916) 478-2208
8401 Laguna Palms Way,
Elk Grove, CA 95758
[email protected]
City of Fowler
Classification & Compensation Study 2022
Ms. Wilma Tucker
Human Resources Director
(559) 834-3113
128 S. 5th St.

Fowler, CA 93625
[email protected]
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City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 11 City of Hayward (population: 160,500)
Total Compensation Study for Local 21, completed 2020.

Total Compensation Study for SEIU, completed 2019.

Total Compensation Study for Hayward Association of Management Employees [HAME] Group, completed 2018.

Kakshi Master
Human Resources Analyst II
(510) 583-4831
777 B St.,
Hayward, CA 94541
[email protected]
County of Butte (Population: 219,186)
Classification and Compensation Study, currently starting project (2021).

Mr. Aaron Quin
Assistant Director, Human Resources
(530) 552-3578
3A County Center Drive,
Oroville, CA 95965
[email protected]
Town of Paradise (Population: 22,135)
Classification and Compensation Study, completed 2019.

Ms. Crystal Peters
Crystal Peters
Human Resources and Risk Manager
(530) 872-6291 x117
5555 Skyway
Paradise, CA 95969
[email protected]
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City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 12 EXECUTIVE SUMMARY, APPROACH, METHODOLOGY
The City desires human resources assistance to conduct a citywide comprehensive compensation study. The City currently employs approximately 132 full-time and part-time employees, with approximately 56 classifications (or 63 total when counting each level in the various class series). A significant number of the classifications are single position (42). This includes one (1) City Administrator and four (4) Department Heads.

The goal of the study will be to review the City’s compensation structure for the studied classifications and to conduct a compensation market survey using a set of appropriate comparator agencies. The identification of comparator agencies, benchmark classifications, and benefits to be collected (if total compensation is desired) is an iterative process that includes all stakeholders. We have found this open discussion philosophy to be critical to our success for organizational buy-in. Once the external data development is completed, we will make specific recommendations for internal equity for nonbenchmarked classifications and classifications without a large enough market sampling.

The compensation study will contain specific recommendations regarding the integration of all study classifications into the City’s compensation structure, with the goal of developing a clearly designed, internally equitable format that is flexible for career opportunity and future growth. Our study will make recommendations regarding a salary structure that takes the City’s compensation preferences into consideration as well as the appropriate placement of each classification on the City’s salary schedule.

The study includes a significant number of meetings with the Study Project Team, Human Resources, employees, union representation, and the City Council, as desired. We have expertise in labor/management relations and understand the importance of active participation by all stakeholders to ensure a successful outcome. The meetings and “stakeholder touch-points” that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and create a collaborative and interactive approach resulting in greater buy-in for study recommendations. This interactive approach has resulted in almost 100% implementation success of K&A’s studies.

The majority of our clients are unionized and our larger city and county clients typically have multiple unions. Due to the multitude of stakeholder groups who are affected by any compensation study K&A conducts, our team understands the importance of accurate and validated data that withstands any scrutiny, effective and ongoing communication throughout each effort, and collaboration with the various stakeholder groups to ensure organizational buy-in to our findings and recommendations. We have developed a unique methodology of stakeholder “touchpoints” and collaboration that has made us highly successful and effective and has earned our team respect, agreement, and understanding from all stakeholders. In addition, we adjust and customize our methodology based on each individual client’s unique needs and circumstances.

We also recognize that both the City and union representatives have obligations to employees and members to ensure that any study is conducted in a fair and equitable manner. Our project work plans are designed for transparency and we strongly encourage dialog with all stakeholders on study deliverables so they in turn can express their concerns; we all have a shared goal of ensuring the process followed is fair and equitable.

This intense and comprehensive stakeholder engagement and our transparent study processes are also a mechanism of quality control. The fact that our information, data, and recommendations have to be able to withstand utmost scrutiny by diverse stakeholders require an in-depth multi-step quality control 193
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Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 13 process for deliverables. This involves K&A team member validation of classification analyses and compensation data, K&A Project Manager review of all classification and compensation analyses, recommendations and deliverables, and finally K&A Principal (Project Director) review of deliverables before submittal to the client.

Study Objectives
Compensation Objectives:
 To make recommendations regarding a list of appropriate, logical and defensible comparator agencies, benchmark classifications, and benefits to be collected prior to beginning the compensation portion of the study;
 To collect accurate salary and benefit data from the approved group of comparator agencies and to ensure that the information is analyzed in a manner that is clear and comprehensible to the Study Project Team, Human Resources, management, employees, union representation, and the City Council;
 To carefully analyze the scope and level of duties and responsibilities, requirements for successful work performance, and other factors for survey classes, according to generally accepted compensation practices;
 To review the City’s compensation structure and practices and develop compensation recommendations that will assist the City in recruiting, motivating, and retaining competent staff;
 To develop solutions that address pay equity issues, analyze the financial impact of addressing pay equity issues, and create a market adjustment implementation strategy supporting the City’s goals, objectives, and budget considerations;  To evaluate benefit offerings in the labor market and make recommendations for better alignment and/or different benefit offerings as indicated by the analysis and best practices;
 To create a comprehensive final report summarizing the compensation study approach and methodology, analytical tools, findings, and recommended compensation structure;  To recommend appropriate internal salary relationships and allocate classes to salary ranges in a comprehensive salary range plan; and
 To ensure sufficient documentation and training throughout the study, on methods used to determine appropriate salary ranges, methods for logical progression of movement within the salary scale for each classification, and other practices, so that our recommendations can be implemented and maintained in a competent and fair manner.

Overall Objectives:
 To review and understand all current documentation, rules, regulations, policies, budgets, procedures, class descriptions, organizational charts, memoranda of understanding, personnel policies, wage and salary schedules, and related information so that our recommendations can be operationally incorporated with a minimum of disruption;  To conduct start-up Study Project Team meetings with management, study project staff, and other stakeholders to discuss any specific concerns with respect to the development of compensation recommendations; finalize study plans and timetables; conduct orientation sessions with management, union leadership, and staff in order to educate 194
Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 14 and explain the scope of the study and describe what are and are not reasonable study expectations and goals;
 To work collaboratively and effectively with the City and its stakeholders while at the same time maintaining control and objectivity in the conduct of the study;  To develop a compensation structure that meets all legal requirements, that is totally non-discriminatory, and that easily accommodates organizational change, growth, and operational needs;
 To document all steps in the process and provide documentation and training for Human Resources and other staff, as appropriate, in compensation analysis methodologies so that the City can integrate, maintain, administer, and defend any recommended changes after the initial implementation; and
 To provide effective ongoing communications throughout the duration of the project and continued support after implementation.

TOTAL COMPENSATION STUDY – Methodology / Work Plan / Deliverables Deliverable A: Meetings with Study Project Team and Management Staff and Initial Documentation Review
During the initial meeting with the Study Project Team, we will discuss the compensation study factors that need to be agreed upon. This task includes identifying the City’s Study Project Team (Human Resources, management, employee representation, etc.), contract administrator, and reporting relationships. Our team will conduct an orientation and briefing session with the Study Project Team to explain process and methodology; create the specific work plan and work schedule; identify subsequent tasks to be accomplished; reaffirm the primary objectives and specific end products; determine deadline dates for satisfactory completion of the overall assignment; determine who will be responsible for coordinating/scheduling communications with employees, managers, and other stakeholders; and develop a timetable for conducting the same.

Included in this task will be the gathering of written documentation, identifying current incumbents, and assembling current class descriptions, organizational charts, salary schedules, budgets, employment contracts, personnel policies, previous compensation studies, and any other relevant documentation to gain a general understanding of City operations.

City terminology and methods of current compensation procedures will be reviewed and agreed to. We will discuss methodology, agree to formats for compensation results, identify/confirm appropriate comparator agencies, benchmark classifications and benefits to be surveyed for compensation survey purposes. We will respond to any questions that may arise from the various stakeholders.

Deliverable B. List of Comparator Agencies, Benchmark Classifications, and Benefits to be Collected During the initial meeting with the Study Project Team, we will discuss and agree to the compensation study factors. We will identify/confirm appropriate, logical and defensible comparator agencies that will be included in the external market survey, which will be the foundation for ensuring that theCity’s salaries for the studied classifications are competitively aligned with the external labor market. We will also identify/confirm those classifications that will be surveyed in the market (i.e., benchmark classifications), with the intention of internally aligning the remaining classifications with those that were surveyed. 195
Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 15 Finally, we will determine the list of benefits that the City wants to include in the total compensation data gathering process.

1. Determination of Comparator Agencies
The selection of comparator agencies is a critical step in the study process. We typically use the following factors to identify appropriate comparators and will receive approval before proceeding with the total compensation study.

Our recommended methodology is that we involve management, Human Resources, employee representation, and the City Council, in the decision-making process of selecting which comparable agencies are included, PRIOR to beginning the study. Our experience has shown that this is the most successful approach. The factors that we typically review when selecting and recommending appropriate comparator agencies include:
 Organizational type and structure – While various organizations may provide overlapping services and employ some staff having similar duties and responsibilities, the role of each organization is somewhat unique, particularly in regard to its relationship to the citizens it serves and level of service expectation. During this iterative process, the City’s current/ previous list of comparators, if any, and the advantages/disadvantages of including them or others would be discussed.
 Similarity of population served, City demographics, City staff, and operational budgets – These elements provide guidelines in relation to resources required (staff and funding) and available for the provision of services.
 Scope of services provided – While having an organization that provides all of the services at the same level of citizen expectation is ideal for comparators, as long as the majority of services are provided in a similar manner, sufficient data should be available for analysis.

When reviewing this factor, the City’s unique services would be evaluated in order to ensure that the majority of comparators provide the same services. This ensures that each comparator yields a sufficient number of matches for the City’s jobs.  Labor market – The reality of today’s labor market is that many agencies are in competition for the same pool of qualified employees, because large portions of the workforce don’t live in the communities they serve, are accustomed to lengthy commutes, and are more likely to consider changing jobs in a larger geographic area than in the past. Therefore, the geographic labor market area (where the City may be recruiting from or losing employees to) is taken into consideration when selecting potential comparator organizations. As part of this analysis, we will determine whether the City has identified agencies that it competes with for qualified talent; those agencies are taken into consideration for purposes of our analysis. It is important to understand and consider the City’s competitive landscape and include agencies in the study to whom the City loses talent.
 Cost-of-living – The price of housing and other cost-of-living related issues are some of the biggest factors in determining labor markets. We review overall cost-of-living of various geographic areas, median house prices, and median household incomes to determine the appropriateness of various potential comparator agencies.

We typically recommend using 10-12 comparator agencies for all survey benchmarks in order to achieve statistical significance but are flexible and can easily use a different approach based on the City’s preferences.
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Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 16 2. Determination of Benchmark Classifications
In the same collaborative manner as described in Step 1 above, we will work with the City’s stakeholders to select those classifications that will be surveyed. “Benchmark classes” are ordinarily chosen to reflect a broad spectrum of class levels. In addition, those that are selected normally include classes that are most likely to be found in other similar agencies, and therefore provide a sufficient valid data sample for analysis. Internal relationships will be determined between the benchmarked and non-benchmarked classifications and internal equity alignments will be made for salary recommendation purposes.

Due to the fact that the labor market typically yields reliable data, we recommend using approximately 60-65% of all classifications as benchmarks but we are happy to use a different model. Due to the relatively small number of classifications at the City, we may survey a larger group of benchmarks and will be happy to discuss our approach with the City.

3. Determination of Salary and Benefits Data to Be Collected In addition to base salaries, benefit data elements for a total compensation study normally include at least the following (which are generally available to all staff in a specific job classification):
 Monthly Salary – The top of the normal, published salary range. All figures are presented on a monthly or annual basis. We normalize the salary data to reflect number of hours in the work week and/or roll-up of retirement or other benefits in base salaries.  Employee Retirement – This includes two figures: the amount of the employee’s State or other public or private retirement contribution that is contributed by the agency and the amount of the agency’s Social Security contribution.
 Retiree Healthcare – Given that healthcare costs are rising and retiree healthcare and liabilities increasing for many public agencies, we collect this information to capture the costs.  Insurance – This typically includes Health, Dental, Vision, and other insurance coverage.  Leave – Other than sick leave, which is usage-based, leave is the amount of days off for which the organization is obligated. We will discuss with the City whether leave days/hours should be converted to direct salary cost in dollars or represented in days/hours.  Vacation: The number of vacation days available to all employees after five years of employment.
 Holidays: The number of holidays (including floating) available to the employee on an annual basis.
 Administrative/Personal Leave: Administrative leave is normally the number of days available to management staff to compensate for the lack of payment for overtime.

Personal leave may be available to other groups of employees to augment vacation or other time off.
 Deferred Compensation – We report any employer contribution made on the employee’s behalf, whether dollar amount or percentage of salary, that does not require an employeematching contribution. We can also report employer contributions that do require an employee match and would do so as a separate report.
 Other – This category includes any other benefits that are available to all employees within a classification and not already specifically detailed.
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Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 17 Deliverable C. Data from Comparators and Preliminary Analysis of Data K&A does not collect market compensation data by merely sending out a written questionnaire. We find that such questionnaires are often delegated to the individual in the department with the least experience in the organization and given a low priority. Our experienced compensation analysts conduct all of the data collection and analysis to ensure validity of the data and quality control. This approach also ensures that we compare job description to job description and not just job titles, therefore ensuring true “matches” of at least 70%, which is the percentage we use to determine whether to include a comparator classification or not.

Objective factors in the whole position job analysis methodology include:

1. Decision making/judgment

2. Difficulty and complexity of work

3. Supervisory responsibilities

4. Non-supervisory responsibilities

5. Minimum qualifications

6. Working conditions/risk factors

7. Contacts
We typically collect classification descriptions, organization charts, salary schedules, personnel policies, budgets, master plans, operational information, MOUs, and other information via website, by telephone, or by an onsite interview. With the prior knowledge from the data gathered directly from each comparator agency and our experience in the public sector human resources field, our compensation analysts make preliminary “matches” and then schedules appointments by telephone, or sometimes in person, with knowledgeable individuals to answer specific questions. We find that information collected using these methods has a very high validity rate and allows us to substantiate the data for employees, management, and governing bodies.

Data will be entered into spreadsheet format designed for ease of interpretation and use. The information will be presented in a format that will identify the comparator positions used for each classification comparison. Information will be calculated based upon both average and median figures allowing the City to make informed compensation decisions. Other elements of the compensation survey report are agencies surveyed; comparable class titles; salary range maximum/control point; number of observations; and percent of the City’s salary range is above/below the market values.

In addition, we will include any type of statistical representation and analysis that the City desires such as 60th, 70th, or any other percentiles per the City’s compensation philosophy.

Benefits data will be displayed in an easy-to-read format. You will receive three sets of spreadsheets per classification, one with base pay, one with the benefits detail, and one with total compensation statistical data. In addition, we are often asked to collect “other” benefits (as listed in the benefits section above), which we typically report on a separate spreadsheet.

Deliverable D. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings As part of our transparent approach and communication strategy to ensure organizational buy-in to the study, we share the market survey with the organization. We first distribute our draft findings to the Study Project Team. After their preliminary review, K&A will meet with the Study Project Team and other stakeholders (including Human Resources, management, employees) to clarify data, to receive requests 198
Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 18 for reanalysis of certain comparators, and to answer questions and address concerns. This provides an opportunity for the Study Project Team and other stakeholders to review and question any of our recommended benchmark comparator matches. If questions arise, we conduct follow-up analysis to reconfirm our original analysis and/or make corrections as appropriate.

Deliverable E. Analysis of Internal Relationships and Alignment To determine internal equity for all studied positions, considerable attention will be given to this phase of the project. It is necessary to develop an internal position hierarchy based on the organizational value of each classification. Again, we utilize the whole position analysis methodology as described earlier.

By reviewing those factors, we will make recommendations regarding vertical salary differentials between classes in a class series, for example, as well as across departments. This analysis will be integrated with the results of the compensation survey and the City’s existing compensation plan.

The ultimate goal of this critical step in the process is to address any potential internal equity issues and concerns with the current compensation system, including compaction issues between certain classifications. We will create a sound and logical compensation structure for the various levels within each class series, so that career ladders are not only reflected in the classification system but also in the compensation system, with pay differentials between levels that allow employees to progress on a clear path of career growth and development. Career ladders will be looked at vertically, as well as horizontally, to reflect the City’s classification structure.

Deliverable F. Compensation Structure and Implementation Plan Depending on data developed as a result of the internal analysis, we will review and make recommendations regarding internal alignment and the salary structure (set of salary ranges, salary differentials, steps within ranges, and/or alternative compensation plans) within which the classes are allocated, based upon the City’s preferred compensation model. In addition, we will develop externally competitive benefit comparisons for all classifications. We will also assist the City in developing a compensation philosophy and practices relative to the surveyed public jurisdictions, if desired. Finally, we will develop a proposed implementation plan based on the study results and recommendations.

We will conduct a competitive pay analysis using the market data gathered to assist in the determination of external pay equity and the recommendation of a new base compensation structure, if desired. We will conduct a comparative analysis to illustrate the relationships between current pay practices and the newly determined market conditions and develop solutions to address pay equity issues, analyze the financial impact of addressing pay equity issues, and create a market adjustment implementation strategy supporting City goals, objectives, and budget considerations.

Draft recommendations will be discussed with the Study Project Team and management for discussions and decisions on overall pay philosophy and the practicality of acceptance and prior to developing an Interim Report.

Deliverable G. Final Report and Guidelines for Implementation A draft Interim Report of the Compensation Study) will be completed and submitted to the Study Project Team for review and comment. The report will provide detailed compensation findings, documentation, and recommendations. The report will include:
 An executive summary of the compensation study results; 199
Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 19  A set of all market data spreadsheets;
 A proposed Salary Range Placement document;
 A procedure to address employees whose base pay exceeds the maximum of their newly assigned pay range;
 Implementation issues and cost projections surrounding our recommendations; and  A guide for rules, policies and procedures for the City in implementing, managing and maintaining the compensation system, as appropriate.

Once all of the City’s questions/concerns are addressed and discussed, a Final Compensation Report will be created and submitted in the City’s preferred format. The Final Report will incorporate any appropriate revisions identified and submitted during the review of the draft report.

Deliverable H. Formal Appeals Process
Should the City have an formal appeals process regarding the allocation of positions to salary ranges, this proposal does not cover time regarding a formal appeal process. Should our on-site participation be desired, our stated composite hourly rate will be honored. As mentioned above, however, our internal process usually addresses any of these issues.

Deliverable I. Final Presentation
Our proposal includes multiple meetings and weekly oral and written status/progress updates to the Study Project Team. Regarding the involvement of the City Council, etc., we recommend at least one initial meeting to confirm/identify the comparator agencies to be included in the study, one interim study session (to discuss the initial findings of the compensation study), and one final presentation of our Final Report. Of course, we are flexible regarding having more or less interaction with the Council, based on the City’s preferences.
 Expectations of City Support:

In order to conduct this study in the most timely and cost-effective manner, we ask for support in the following areas:
 Timely provision of written documentation, such as current class specifications, union contracts, organizational charts, budget documents, requests for audits, past studies, etc.;  Assistance in the notification and scheduling of orientation and other meetings and the provision of adequate interview space and resources;
 Meeting agreed-upon timelines.

In terms of time commitment for City staff, we understand that the City hires an outside consultant to conduct and coordinate the entire effort. Therefore, it is our goal to reduce the time commitment of City staff as much as possible and to only request assistance in the coordination of some of the steps in the process, such as scheduling employee orientation meetings, duplicating PDQs, scheduling employee interviews/desk audits, disseminating information, and in general, being a channel of communication between our firm and employees.
 Communication with the City:

Our typical communication model includes at least weekly or biweekly written status updates to keep the City informed on where we are during each phase of the project. 200
Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 20 In addition, the study includes a significant number of meetings with the Study Project Team, human resources, management, employees, employee representation, and the City Council, as desired. The meetings and “stakeholder touch-points” that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and foster a collaborative and interactive approach that will result in greater buy-in for study recommendations. This interactive approach, although time-consuming, has resulted in almost 100% implementation success of K&A’s studies.  Post-Implementation Consultation and Support:

We are committed to providing the City with the highest-quality product and service. Providing ongoing consultation and support after study implementation is a service that is included in our professional fees and a continued relationship-building aspect of our client relationship that we highly value.

We often find that clients will call or email with follow-up questions and to discuss certain aspects of the study, ask why decisions and recommendations were made, and other important components of the study. We consider post-implementation support as part of our customer service.

Should the City request any additional onsite meetings and/or training after implementation of the study and/or other specific, identifiable work efforts, such as position reclassification studies, creating new class descriptions, or conducting annual surveys, we would honor our composite hourly rate for actual hours spent at the City. However, from experience, we expect that most follow-up support will be conducted via telephone and email and this is absolutely included in our “Not To Exceed Fee” for this project.  Stakeholder Engagement:

The meetings and communications with stakeholders that we recommend ensure understanding of the project parameters, enhance accurate intake and output of information, and encourage a collaborative and interactive approach that will result in greater buy-in for study recommendations. This interactive approach, although time-consuming, has resulted in almost 100% implementation success of K&A’s studies.

We believe in an interactive and collaborative process with the whole organization and in a high level of stakeholder contact and interaction to ensure organizational buy-in of the study throughout the entire process. Following are the major milestones at which we touch base with Human Resources, employees, managers, employee representation, and other stakeholders, as appropriate:
 Initial study kick-off and employee/management orientation meetings;  Stakeholder input regarding a list of appropriate comparator agencies, benchmark classifications, and benefits to be collected;
 City stakeholder review of compensation study data and contact with them to address any challenges to the market comparables we identified for each classification;  Stakeholder input on internal salary relationship analysis and recommendations; and  Stakeholder input regarding final compensation plans and structure recommendations.

These steps will ensure that the study results in a product that is accepted and trusted by all levels within the organization. Beyond sound mechanics, our approach includes sufficient communication steps to ensure that the study methodology is understood and the results are regarded as expert, impartial, and fair.
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Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 21 TIME REQUIREMENTS
Our professional experience is that a total compensation study of this scope and for this size organization take approximately three to four (3 - 4) months to complete, allowing for adequate compensation data collection and analysis, review steps by the City, the development of final reports, any appeals, and presentations.

We understand that the City would like to complete this study by March 2023. Due to the unprecedented demand on our services, we are currently experiencing an unusually high volume of projects. Therefore, and if the City is able to be flexible, we propose commencing the project in January 2023 and anticipate delivering a draft survey in March 2023 and completion of the entire project by April 2023, assuming a contract is executed within 2 months of the submittal date of our proposal.

The following is a suggested timeline (which can be modified based on the City’s needs):

Deliverables Total Compensation Survey Completion by:

A. Meetings with Study Project Team and Management Staff and Initial Documentation Review Week 1
B. List of Comparator Agencies, Benchmark Classifications, and Benefits to be Collected Week 2
C. Data from Comparators and Preliminary Analysis of Data Week 12 D. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings Week 14
E. Analysis of Internal Relationships and Alignment Week 15 F. Compensation Structure and Implementation Plan Week 15 G. Final Report and Guidelines for Implementation Week 16 H. Formal Appeals Process * As Needed
I. Final Presentation As Scheduled
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Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 22 COST PROPOSAL
We have often found our process requires a very high level of time commitment, which sometimes results in a higher proposal cost. We believe that our methodology and implementation success rate is attributable to the significantly greater level of contact we have with employees, employee representation, management, and the governing body. The time we commit to working with the employees (sharing of compensation survey data, informal appeal process, etc.) results in significantly greater buy-in throughout the process and no formal appeals at the end of the study.

In fact, our firm has only had a handful of formal appeals to any of our studies in our 38 years in business.

It has been our experience that the money and time invested in stakeholder communication throughout the study are money and time saved during implementation. Numerous times our firm has been hired after an agency has gone through an unsuccessful study whose results were rejected or appealed and whose implementation was very controversial. The result was a divided organization with hostility and animosity between employees/employee representation and management. Whenever our firm was hired after such an unfortunate experience, study stakeholders were amazed at our open and all-inclusive process, our efforts to elicit equal stakeholder input, and our development of recommendations that were accepted as fair and reasonable and understood by management, employees, and the governing body.

Our success rate is also attributable to the fact that we have 38 years of experience working with employees of all types of backgrounds, educational levels, and work experiences, and we are accustomed to successfully communicating with and educating them throughout the process. It is imperative that all employees eventually buy into the study results and recommendations, whether they have been through a process like this before or whether this is the first time for them.

Our clients always provide feedback that our process was professional, comprehensive, understandable, timely, and inclusive. Employees, although not necessarily always happy with our recommendations, have always indicated that we listened to their issues and concerns, were available for discussion, and able to provide documentation and data to support our recommendations. Although time consuming, we also drive the process to ensure that timelines are met and schedules are maintained.

Over the last few years K&A and all of our clients have become accustomed to conducting all of our organizational, classification, and compensation studies virtually. From the experience of the last two years, we have learned that studies can be conducted successfully by using virtual technologies and performing the work remotely. We have also learned that this represents a significant cost savings for our clients, both in terms of consultant travel time and travel expenses, as well as less disruption and reduced non-productivity for the client’s workforce. We have several technological solutions that can easily facilitate the entire process (see proposal narrative above). Conducting meetings and orientations virtually means that the client’s employees do not have to spend time traveling from one location to another and will not be pulled away from their workstations for lengthy periods of time. They can simply click on a link or call in from a phone to participate. This approach also represents significantly less logistical planning on part of the client in order to reserve meeting rooms and making space available for large employee groups, as well as multiple consultants coming onsite to conduct interviews within a condensed period of time. Conducting orientations and interviews virtually provides us with much more flexibility in scheduling and accommodating multiple different shifts and schedules among a large workforce.

In addition, K&A strives to be as “green” an organization as possible and we are certainly concerned about our carbon footprint. We find that multiple trips to client sites that can sometimes involve multiple 203
Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 23 consultants flying on planes and/or driving cars, is not as environmentally conscious as we would like to be. Considering the effectiveness of virtual meetings, especially when meetings are only one hour or oneand-a-half hours at a time, onsite travel does appear to create a larger footprint than necessary. This can especially be true for final presentations to leadership teams that are often less than 60 minutes long.

The cost proposal below includes two options depending on scope of work to provide the City with a cost comparison based on the number of classifications, number of employees, and number of comparator agencies surveyed for the compensation study, as well as options for cost cutting measures per the City’s request. Of course, the City may select any combination thereof and we are open to negotiating another option if it better serves the City. We hope to be able to negotiate a scope of work and cost option that best serves the City’s needs.

For purposes of this cost proposal, we are assuming that all meetings and presentations will be conducted virtually/remotely and no onsite travel to City offices will occur, which is also a cost cutting measure.

Should the City desire onsite meetings, we will be happy to provide our per diem cost for onsite meetings based on travel time and market rate travel cost at the time.

Deliver
ables Total Compensation Study Option 1:

Hours
Option 2:

Hours
A. Meetings with Study Project Team and Management Staff and Initial Documentation Review 8 8
B. List of Comparator Agencies, Benchmark Classifications, and Benefits to be Collected 15 15
C.

Data from Comparators and Preliminary Analysis of Data
Option 1: up to 40 benchmarks; 10 comparators; and total compensation (salaries plus benefits)
Option 2: up to 45 benchmarks; 12 comparators; and total compensation (salaries plus benefits)
130 175
D. Draft Compensation Findings/Additional Analysis/Study Project Team Meetings 22 30
E. Analysis of Internal Relationships and Alignment 8 8 F. Compensation Structure and Implementation Plan 8 8
G. Final Report and Guidelines for Implementation 12 14 H. Formal Appeals Process * 0 0
I. Final Presentation 4 6
Anticipated hours for additional unscheduled meetings and phone calls 4 6 Total Professional Hours – Compensation 211 270
Combined professional and clerical composite rate: $175/Hour $36,925 $47,250 Expenses are included in the composite hourly rate: N/A N/A Expenses include but are not limited to duplicating documents, binding reports, phone, supplies, postage, etc.

TOTAL PROJECT COST NOT TO EXCEED: $36,925 $47,250
*Additional consulting will be honored at composite rate ($175/hr) Our cost proposal does not include time to support the City during any labor negotiations that may follow this study. If we are needed for this work, our composite hourly rate will apply and we will charge on a time-and-materials basis.
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Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 24 CONTRACTUAL CONSIDERATIONS
We will be pleased to sign the City’s professional services agreement for a Compensation Study. We respectfully request that the City will allow for a period of negotiation of certain terms in the professional services contract related to liability, indemnity, insurance, and other terms. We have found that we have always come to an agreement with all of our clients in the past and appreciate the City’s flexibility in reviewing certain terms in a collaborative fashion between our legal counsels.

The following are terms we would like to review with the City if we are fortunate to be selected for this project:
• Gallagher is pleased to submit this proposal. While this proposal is not meant to constitute a formal offer, acceptance, or contract, notwithstanding anything to the contrary contained in the proposal, Gallagher is submitting this proposal with the understanding the parties would negotiate and sign a contract containing terms and conditions that are mutually acceptable to both parties.

Final RFP for Compensation Study
• Section VIII (PDF page 4) - Gallagher is unable to permit its clients the unconditional right of refusal or to approve staffing changes for any departure or reassignment of, or substitution for, any member of the designated project team. Gallagher can agree to provide notice to client within a reasonable time after the change and will use good faith efforts to ensure client is satisfied with the replacement personnel.
• Section XIII, para 1 (PDF page 5) - Gallagher cannot agree to Indemnification clause and enclosed agreement until it has had the opportunity to review.

Oroville Consultant Insurance Requirements
• Gallagher's insurance representations based on AJG Risk Management policies. These are not changed on a client by client basis
It is our practice to provide the coverage below in lieu of the City contract insurance language. We therefore propose to replace the insurance language in the RFP’s sample agreement with coverage language provided by Gallagher as follows (we attach our Memorandum of Insurance for your review as well):

Gallagher shall at all times during the term of this Agreement and for a period of two (2) years thereafter, obtain and maintain in force the following minimum insurance coverages and limits at its own expense:
• Commercial General Liability (CGL) insurance on an ISO form number CG 00 01 (or equivalent) covering claims for bodily injury, death, personal injury, or property damage occurring or arising out of the performance of this Agreement, including coverage for premises, products, and completed operations, on an occurrence basis, with limits no less than $2,000,000 per occurrence; • Workers Compensation insurance with statutory limits, as required by the state in which the work takes place, and Employer’s Liability insurance with limits no less than $1,000,000 per accident for bodily injury or disease. Insurer will be licensed to do business in the state in which the work takes place;
• Automobile Liability insurance on an ISO form number CA 00 01 covering all hired and non-owned automobiles with limit of $1,000,000 per accident for bodily injury and property damage; 205
Item 12.

Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com 25 • Umbrella Liability insurance providing excess coverage over all limits and coverages with a limits no less than $10,000,000 per occurrence or in the aggregate; • Errors & Omissions Liability insurance, including extended reporting conditions of two (2) years with limits of no less than $5,000,000 per claim, or $10,000,000 in the aggregate; • Cyber Liability, Technology Errors & Omissions, and Network Security & Privacy Liability insurance, including extended reporting conditions of two (2) years with limits no less than $2,000,000 per claim and in the aggregate, inclusive of defense cost; and
• Crime insurance covering third-party crime and employee dishonesty with limits of no less than $1,000,000 per claim and in the aggregate.
• All commercial insurance policies shall be written with insurers that have a minimum AM Best rating of no less than A-VI, and licensed to do business in the state of operation. Any cancelled or nonrenewed policy will be replaced with no coverage gap, and a Certificate of Insurance evidencing the coverages set forth in this section shall be provided to Client upon request. 206
Item 12.

Page 1 of 2 ends

This Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized by Gallagher or the Insurance Companies.

ARTHUR J. GALLAGHER & CO.

MEMORANDUM OF INSURANCE
This Memorandum of Insurance (“Memorandum”) is produced as a matter of information only to authorized viewers for their internal use only and confers no rights upon any viewer of the Memorandum. This Memorandum does not amend, extend or alter the coverage described below. Copyright 2005, Arthur J. Gallagher Risk Management Services, Inc. (“Gallagher”). Gallagher grants permission to you to view, copy, print and distribute the information found on the Memorandum website (“Site”) provided that the above copyright notice appears on all copies, that use is internal to you or for personal noncommercial informational purposes only, and that no modification is made to any materials. Any modification, use, reproduction or distribution of this Memorandum, the Site or its contents must be first approved by Gallagher in writing. You will not suffer or permit any unauthorized use of any Gallagher trademark, service mark or logo. This Memorandum, the Site and its contents, including but not limited to text, graphics, images, software, copyrights, trademarks, service marks, logos, and brand names (“Content”), are protected under both United States and foreign laws, and Gallagher or its affiliated entities retain all right, title and interest in and to the Content, all copies thereof, and all copyrights and other proprietary rights therein. The information contained herein is as the date referred to above. Gallagher shall be under no obligation to update such information.

DATE: 10/4/2022
INSURED:

Arthur J. Gallagher & Co. and its subsidiaries
2850 West Golf Road
Rolling Meadows, IL 60008
Insurance Companies
A: ARCH INSURANCE COMPANY
B: THE CONTINENTAL INSURANCE COMPANY
C: XL INSURANCE AMERICA, INC
D: FEDERAL INSURANCE COMPANY
E: LEXINGTON INS. COMPANY
F: XL SPECIALTY INS. COMPANY
G. ILLNOIS NATIONAL INSURANCE COMPANY
H. INDIAN HARBOR INSURANCE COMPANY
The policies of insurance listed below have been issued to the “INSURED” named above for the policy period indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this Memorandum may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims.

CO.

LTR.

TYPE OF

INSURANCE
POLICY
NUMBER
POLICY

EFFECTIVE
POLICY

EXPIRATION
LIMITS
(In USD unless otherwise indicated)
A Commercial General
Liability
Occurrence
Per location
Aggregate
41GPP4938415 10/01/22 10/01/23 General Aggregate 4,000,000 Products - Comp/Op Agg 4,000,000
Personal and ADV Injury 2,000,000
Each Occurrence 2,000,000
Damage to Rented Premises
(Each occurrence)
1,000,000
A Automobile Liability
Any Auto
41CAB4939015
41CAB4938315
10/01/22 10/01/23 Combined Single Limit 5,000,000
Bodily Injury (per person)
Bodily Injury (per accident)
B Excess/Umbrella Liability
Retention: $10,000
7034611269 10/01/22 10/01/23 Each Occurrence 25,000,000 Aggregate 25,000,000
A Workers Compensation
and Employers Liability
41WCI4938115 10/01/22 10/01/23 Workers Comp Limits Statutory EL Each Accident 1,000,000
EL Disease - Each Employee 1,000,000
EL Disease – Policy Limit 1,000,000
C Property US00112916PR22A 10/01/22 10/01/23 Blanket Bldg. & PP 10,000,000 D Crime/Fidelity Bond
(Employee Dishonesty)
J06039418 09/01/22 09/29/23 Single Loss Limit 15,000,000 E Errors & Omissions
(Primary Policy)
015466449 10/01/22 10/01/23 Per Claim and Aggregate 12,000,000 F Errors & Omissions
(Excess Policy)
ELU163265-22 10/01/22 10/1/23 Per Claim and Aggregate 10,000,000 G Errors & Omissions
(Excess Policy)
FI0121922 10/01/22 10/01/23 Per Claim and Aggregate 15,000,000 H Cyber Liability MTP903416504 05/01/22 05/01/23 Limit of Liability 10,000,000 Description of Operations / Other Information: See ADDITIONAL INFORMATION on the following page. 207
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This Memorandum of Insurance serves solely to list insurance policies, limits and dates of coverage. Any modifications hereto are not authorized by Gallagher or the Insurance Companies.

ARTHUR J. GALLAGHER & CO.

MEMORANDUM OF INSURANCE

ADDITIONAL INFORMATION
As respects GENERAL LIABILITY POLICY
ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES *
Endorsement Form # CG 20 11 04 13 modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

1. Designation of Premises (Part Leased to You): ANY PREMISES OR PART THEREOF LEASED TO YOU.

2. Name of Person or Organization (Additional Insured): ANY AND ALL PERSONS OR ORGANIZATIONS

CONTRACTUALLY REQUIRING ADDITIONAL INSURED STATUS AS THE MANAGER OR LESSOR OF PREMISES TO YOU.

3. Additional Premium: INCLUDED
(If no entry appears above, the information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subject to the following additional exclusions:

This insurance does not apply to:

1. Any "occurrence" which takes place after you cease to be a tenant in that premises.

2. Structural alterations, new construction or demolition operations performed by or on behalf of the person or organization shown in the Schedule.

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US We waive any right of recovery we may have against the person or organization where required by written contract because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only where required by written contract.

As respects PROPERTY
This policy insures against “All Risks” of physical loss or damage, except as excluded, to covered property while on Described Premises, provided such physical loss or damage occurs during the term of this policy. Coverage is subject to policy deductibles, terms, conditions and exclusions. Loss Payable clause included for whom Insured has agreed to per written contract. *All other Additional Insureds requests requires Legal approval and issuance of a Certificate of Insurance. *For special requests, such as a WET SIGNATURE, please contact the appropriate team: P&C – Doreen Morris or Therese Scamardo; E&O – Helen Ponce de Leon or Mari Maceri; Cyber – Jeremy Gillespie or Ariel Magrini. 208
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Compensation Study Proposal
City of Oroville
2835 Seventh Street, Berkeley, California 94710 | 510.658.5633 | www.KoffAssociates.com Signature Page
Koff & Associates intends to adhere to all of the provisions described in this RFP.

This proposal is valid for 90 days.

Respectfully submitted,
By: KOFF & ASSOCIATES
State of California

Georg S. Krammer October 12, 2022
Managing Director, Compensation and Rewards Consulting
209
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR REYNOLDS AND COUNCIL MEMBERS
FROM: BILL LAGRONE, POLICE CHIEF
RE: CORONAVIRUS FISCAL RECOVERY FUNDING, IN AN AMOUNT OF $300,000 FOR THE OROVILLE INN PAYMENT EXTENSION FOR 90
DAYS
DATE: DECEMBER 6, 2022

SUMMARY
The City Council will consider a 90-day extension of loan payment for the Oroville Inn. The Oroville Inn was loaned 300,000 in December of 2021 at 3.2% interest. Loan interest only payments are due annually. The Oroville Inn is in the process of refinancing and needs an additional 60 to 90 days to complete the process

BACKGROUND
In early November 2021, City Staff was informed of the pending closure of the Oroville Inn, due to financial hardship created by COVID 19. The financial hardship was created by having increased usage of the facility. Typically, the students that reside at the Oroville Inn are in class during weekdays. While at class very little electric, gas or water are utilized. Due to the stay-athome order that occurred students remained at the facility 24hours per day, completing their class work remotely. This remote learning created an issue of “band width” for the internet service at the facility. To accommodate the need it was necessary to increase service available at the Oroville Inn. Between utilities, internet service, and increased cleaning services monthly expenses increased from approximately $6,000 to nearly $20,000 per month. Due to these factors the Oroville Inn was in jeopardy of being closed and potentially foreclosed.

Another issue was the ability of the operator to offer rentals for next Lineman College semester.

The Oroville Inn needs an occupancy of 80 renters each semester to break even, 90 renters to make a profit. The confirmed renters for next semester was at 54. If no financial relief was made available these confirmed rental agreements would have to be cancelled and the foreclosure of the Oroville Inn was eminent.

To avoid the loss of a significant number of consumers in the Downtown core, the impact to multiple small businesses in the area, and to avoid the closure of the facility, it was necessary to discuss a potential loan. As Staff reviewed the original selling documents, it appears a reversion clause exists that could be acted upon if the facility fails. It would require the repayment of the first mortgage of nearly $5,000,000 to clear the title. The City would then have 210
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to operate the facility or attempt to sell the property to another operator. This presents various problems and could result in a situation that the Community may not support.

After considering all these factors and having been allocated approximately $4,900,000 in Coronavirus Fiscal Recovery funds for COVID relief, the discussion was elevated to the Council for consideration and approval of a loan. The loan would be for $300,000 with an interest rate of 3.2%, with a (10) ten-year term. To secure the investment in the property the note for the loan will be recorded on the title to the property. This loan was approved in closed session of the Oroville City Council on November 16, 2021 and reported out to the public at the same meeting. See attached copy of agreement for additional detail.

DISCUSSION
Staff was contacted by Mr. Bud Tracy in late November regarding the payment due on this loan.

Mr. Tracy has requested the loan payment be extended for 60 days due to refinancing of the facility. This refinance may allow Mr. Tracy to pay this loan back in full. Staff is recommending a 90-day extension to allow Mr. Tracy adequate time to complete the process of refinancing the loan. If Mr. Tracy is not able to complete the refinancing the terms will remain the same and payments are due as scheduled.

FISCAL IMPACT
Deferral of loan repayment for 90 days.

RECOMMENDATION
Approve 90-day loan repayment extension

ATTACHMENTS
Loan agreement with Historic Oroville Inn, LLC.
211
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RECORDING REQUESTED BY:

WHEN RECORDED MAIL TO:

City
FC

CITY OF OROVILLE
Attn: City Administrator
1735 Montgomery St.

Oroville, CA 95965
Order No.:

Escrow No.:

APN: 012-035-005 SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

LOAN AGREEMENTAND PROMISSORY AGREEMENT BETWEEN

HISTORIC OROVILLE INN, LLC

AND CITY OF OROVILLE
This AGREEMENT is made and entered into this16th day of November, 2021 (the “Effective Date”) by the CITY OF OROVILLE through its Community Development Department (“City” or “Lender”), and HISTORIC OROVILLE INN, LLC. (“HOI” or “Borrower”) and the Party or Parties, on the terms and conditions set out below.

RECITALS
A. The Oroville Inn, located at 2066 Bird St., Oroville, CA 95965, Assessor’s Parcel No. 012-035-005 (“Subject Property”) is located in the heart of downtown Oroville; and B. The City has great interest in assuring that the Oroville Inn is operating in a functional and effective way to provide housing for students at the Northwest Lineman’s College, as well as other similarly situated individuals, in the City of Oroville; and C. Since 2016, HOI has operated the Oroville Inn to provide housing to numerous lineman college students to the benefit of the downtown Oroville area; and D. As a result of the COVID-19 pandemic, HOI experienced a significant financial impact from increased costs and decreased rent revenue; and E. The City of Oroville is able to provide some COVID impact funding to HOI as a loan to mitigate some of the impact related to the pandemic.

Now, therefore, the Parties agree as follows:

1. Recitals: The Recitals set out above are true and correct. 212
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2. Loan. Lender loans to Borrower and Borrower borrows from Lender, on the terms and conditions set out here, the total amount of $300,000, with the following terms:
(a) The loan will bear interest at 3.2% annually.
(b) The term of the loan is for a maximum of ten (10) years commencing on the date of execution of this Loan Agreement.
(c) Interest only payments shall be due in arrears on November 16, 2022, and each year thereafter. Borrower may, but is not required to, make additional principal payments with the annual interest payment.
(d) There is no prepayment penalty. Borrower may make principal payments at any time during regular business hours at City Hall.

3. Default. Borrower shall be considered in default under (a), (b) or (c), as follows:
(a) In the event that the Borrower does not make the required interest payments as outlined in this agreement. Any delinquent payments shall bear interest at a rate of 10% per annum for the amount that is delinquent.
(b) Borrower assigns the loan, alienates itself from the Subject Property, sells or transfers the business.
(c) A bankruptcy petition is filed, voluntarily or involuntarily, on behalf of Borrower, if Borrower is declared insolvent, or if a motion is filed for a receiver to take control of the Subject Property or assets of Borrower.
(d) Borrower must notify Lender immediately in writing in the event that (a), (b), or (c) above occurs or applies.
(e) In the event of a default, Lender may pursue any legal remedy available to it, including but not limited to foreclosure against the Subject Property, to secure payment of any and all monies owed by Borrower. Nothing herein shall preclude Lender from waiving any breach or breaches which, in the sole judgment of Lender, are not substantial or do not affect the repayment of the loan herein prescribed. The remedies provided by this paragraph are cumulative and in addition to and independent of any other remedies given Lender by law.

4. Additional Terms and Conditions:
(a) Borrower shall indemnify, hold harmless, and defend Lender, its officers, agents and employees, against any and all claims, demands, damages, costs, fines, expenses or liability costs arising out of the acquisition, development, operation or maintenance of the property described herein except for liability arising out of the sole negligence or willful misconduct of the Lender, its officers, agents or employees. In the event the City or its officers, agents or employees are named as co-defendant(s) in any court proceeding related to the business, the Borrower shall notify all affected parties of such fact and shall represent the Parties in such legal action unless the Parties undertake to represent themselves as co-defendant(s) in 213
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such legal action, in which event an individual Party shall bear its own litigation costs, expenses and attorney’s fees.
(b) No delay or failure of City in the exercise of any right or remedy hereunder shall affect any such right or remedy and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof, and no action taken or omitted by City shall be deemed a waiver of any such right or remedy.
(c) Borrower waives demand, protest, presentment, notice of nonpayment, notice of protest, notice of dishonor, and diligence in bringing suit against any party and does hereby consent that time of payment of all or any part of said amount may be extended from time to time by the Lender hereof without notice.
(d) Borrower is responsible for any and all costs of collection of the loan amount, plus interest, including but not limited to any court costs and attorneys’ fees. (e) In the event that Borrower desires to refinance any underlying mortgage, Lender agrees to subordinate this loan, which agreement shall not be unreasonably withheld. (f) Any notice to the Borrower shall be given by personally delivering or mailing such notice by first-class mail, postage prepaid, addressed to the Borrower at the address set out below, or to such other address as the Borrower may designate by written notice to the Lender. Any notice to the Lender shall be given by mailing such notice by personal delivery or mailing such notice first class mail, postage prepaid, addressed to Lender at the address set out below. Notice shall be deemed received upon personal delivery or three (3) days after deposit in the U.S. Mail.

Borrower: Historic Oroville Inn, LLC.

Attn: Orville “Bud” Tracy
1453 Downer St.

Oroville, CA 95965
Lender: City of Oroville
Attn: City Administrator
1735 Montgomery Street
Oroville, CA 95965
///
///
///
///
///
///
214
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In witness whereof, the Parties signing below and authorized to do so have executed this Agreement as of the date(s) set forth below.

Borrower: Lender:

By: Historic Oroville Inn, LLC By: City of Oroville
Chuck Reynolds, Mayor
Date Date
215
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Oroville City CouncilDecember 6, 2022

Oroville City Council
December 6, 2022