Agenda packet — Oroville City Council, April 18, 2023 (part 1 of 5)

April 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
April 18, 2023

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

PUBLIC ACCESS AND PARTICIPATION
Please review the options below for ways to participate in or observe the Council Meetings.

To Observe the Meeting:

1. Live Feed: https://www.youtube.com/channel/UCAoRW34swYl85UBfYqT7IbQ/

2. Zoom Link: https://zoom.us/j/96870319529?pwd=dW9kMGRZSFo5MFFNQk5wVDUzRkRrZz09

3. Zoom Application: Meeting ID: 968 7031 9529 Passcode: 67684553

4. By Phone: Telephone: 1-669-900-6833 Meeting ID: 968 7031 9529 Passcode: 67684553 To Provide Comment to the Council:

1. Attend the meeting in person.

2. Send an Email by 2:00 PM the day of the meeting to [email protected]. All comments emailed will be provided to the Council Members for their consideration.

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. The 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 (1.5) 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 nonagenda item.

CALL TO ORDER / ROLL CALL
Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman

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

1. Pursuant to Government Code Section 54957(b), the Council will meet with the Personnel Officer and City Attorney related to the following positions: Public Works Director and Community Development Director.
1 April 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 2 of 5

OPEN SESSION

1. Announcement from Closed Session

2. Pledge of Allegiance

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

CONSENT CALENDAR
Consent calendar items 1 – 6 are adopted in one action by the Council. Items that are removed will be discussed and voted on immediately after adoption of consent calendar items.

1. APPROVAL OF THE MINUTES
The Council may approve the minutes of March 28, 2023 and April 4, 2023

RECOMMENDATION
Approve the minutes of March 28, 2023 and April 4, 2023

2. SANK PARK FEE WAIVER REQUEST BY AMERICAN ASSOCIATION OF UNIVERSITY WOMEN
The Council will consider a fee waiver request for the use of the Lott Home – Sank Park by the Oroville chapter of the American Association of University Woman (AAUW), in the amount of $400 on May 12, 2023.

RECOMMENDATION
Approve the fee waiver request for the use of the Lott Home – Sank Park by the Oroville branch of AAUW, in the amount of $400 on May 12, 2023.

3. TASK ORDER AMENDEMENT - WASHINGTON AVENUE
The Council may consider amending existing Task Order 7. The amendment would authorize a geotechnical investigation of the Washington Avenue roadway structure and increase the Task Order by $19,780.

RECOMMENDATION
Staff recommends that the Council direct the City Administrator to approve the amendment. 2 April 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 3 of 5

4. TASK ORDER 17: SEWEER MASTER PLAN PROJECTS 3-B ALTERNATIVE AND 3C

FEASIBILITY STUDY
The Council may direct staff to issue a task order to NorthStar to conduct a feasibility study on the constructability of Sewer Master Plan Project 3-B Alternative and 3C.

RECOMMENDATION
Staff recommends that the Council direct the City Administrator to proceed with the issuing of Task Order 17 discussed above to NorthStar.

5. AUTHORIZATION TO PURCHASE (1) KENWORTH T880 DUMP TRUCK The Council may approve the purchase of (1) Kenworth T880 10-wheel dump truck in the amount of $251,998.23 as budgeted in the 22/23 Fiscal Year budget.

RECOMMENDATION
Approve the purchase of (1) Kenworth T880 10-wheel dump truck.

6. INSTALLATION OF 28 APX8500 PORTABLE VEHICLE RADIOS, AND NECESSARY

INSTALLATION HARDWARE AND ATTENNAS
The Council will consider authorizing an installation contract with Sutter Buttes Communication for the installation of 28-APX8500 vehicle radios, and antennas in existing fleet police vehicles, in an amount not to exceed $22,224.55

RECOMMENDATION
Authorize the Police Department to contract with Sutter Buttes Communication for the installation of 28 APX8500 Motorola radios and Antennas in the existing fleet of Police Vehicles, in an amount not to exceed $22,224.55, as outlined in the attached quotes.

REGULAR BUSINESS

7. CONSIDER ENTERING INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITIES OF BIGGS, CHICO, GRIDLEY, PARADISE, AND BUTTE COUNTY FOR SB 1383

EDIBLE FOOD RECOVERY REGULATORY REQUIREMENTS
Authorize the City Administrator to enter into an agreement with the Cities of Biggs, Chico, Gridley, Paradise, and Butte County for SB 1383 Edible Food Recovery Regulatory Requirements.

RECOMMENDATION
Authorize the City Administrator to sign the MOU agreement with the Cities of Biggs, Chico, Gridley, Paradise, and Butte County for SB 1383 Edible Food Recovery Regulatory Requirements.
3 April 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 4 of 5

8. CONTRACT FOR INSTALLATION AND MAINTENANCE OF AUTOMATED LICENSE PLATE

READER CAMERAS WITH ADVANCED AUDIO DETECTION
The Council will consider authorizing the lease of an automated license plate reader (ALPR) camera system (40 cameras) with enhanced audio detection from the Flock Group, for 24 months in an amount not to exceed $333,750.00. The cost is all inclusive to include installation, maintenance, cloud storage and all software updates as necessary.

RECOMMENDATION
Authorize and direct the mayor to sign an agreement with Flock Systems for the installation of a 40 camera Automated License Plate Reader system with advance listening capabilities.

9. AUTHORIZATION TO PURCHASE (1) SALSCO TP-44 MINI-ASPHALT PAVER At the request of Council Member Johnstone and Council Member Webber, the Council may consider and approve the purchase of (1) Salsco TP-44 Mini-Asphalt Paver to aid the efficiency of repairs and repaving in the amount of $69,465.25 and the surplus of a 1988 Mauldin paver.

RECOMMENDATION
Authorize staff to purchase (1) Salsco TP-44 Mini Asphalt Paver and surplus the 1988 Mauldin Paving Machine and send to the next surplus auction.

10. REVIEW OF LEASE AND PURCHASE OPTIONS FOR A TYPE 1 FIRE ENGINE At the request of Council Member Riggs and Council Member Thomson, the Council will review lease and purchase options for one new Pierce Type 1 Fire Engine for Oroville Fire Department.

RECOMMENDATION
Provide staff direction.

PUBLIC HEARINGS
The Public Hearing Procedure is as follows:
- The Mayor or Chairperson opens the public hearing and staff will present the item and answer Council questions.
- The hearing is opened for public comment and limited to three (3) minutes per speaker. In the event of more than ten (10) speakers, time will be limited to one and a half (1.5) minutes.

Under Government Code 54954.3, the time for each presentation may be limited. - Speakers are requested to provide a speaker card to the City Clerk - Public comment session is closed and then the Council will debate and take action - Those wishing to speak at the public hearings below, but unable to attend before 5pm, may request that the council consider holding the public hearing after 5pm by emailing [email protected] or calling 530-538-2535. Please submit your request 24 hours before the meeting.
- Individuals may email comments for council consideration to [email protected]
4 April 18, 2023~4:00 PM Oroville City Council Meeting Agenda Page 5 of 5

11. HOUSING ELEMENT UPDATE (2022-2030) FINAL DRAFT
The City Council will conduct a public hearing to consider adopting the final draft of the 2022 General Plan Housing Element Update.

RECOMMENDATION
Staff recommends the following actions:

1. Conduct a public hearing regarding the final Housing Element

2. Re-adopt the July 19, 2022 Notice of Exemption as the appropriate environmental document.

3. Adopt the February 6, 2023 Revised Draft Housing Element as the Final draft

4. Authorize submittal to the California Department of Housing and Community Development (HCD) for their certification.

5. Adopt Resolution 9132.

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.

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports

2. Future Agenda Items

3. Administration Reports
i. Departmental Reports for Council Update
ii. Police Department Monthly Report March 2023

4. Correspondence
i. Visual Arts and Performing Arts Showcase Information

ADJOURN THE MEETING
The meeting will be adjourned. A regular meeting of the Oroville City Council will be held on May 2, 2023 at 4:00 p.m.

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

Recordings - All meetings are recorded and broadcast live on cityoforoville.org and YouTube. 5 March 28, 2023~11:00 AM Oroville City Council Meeting Minutes Page 1 of 1

OROVILLE CITY COUNCIL
Table Mountain Golf Club
2700 Oro Dam Blvd W.

Oroville, CA. 95965
March 28, 2023

SPECIAL MEETING

MINUTES
This meeting agenda was posted on March 24, 2023. This meeting was recorded and may be viewed at Cityoforoville.org

CALL TO ORDER / ROLL CALL
Mayor Pittman called the meeting to order at 11:00 am.

Present: Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson ( Left at 12:43pm), Shawn Webber, Vice Mayor Eric Smith, and Mayor David Pittman

OPEN SESSION

1. Pledge of Allegiance – Led by Code Enforcement Director Ron Belser

2. Adoption of the Agenda – Motion by Council Member Goodson and seconded by Vice Mayor Smith to adopt the agenda. Motion passed unanimously.

REGULAR BUSINESS – Action Calendar

1. GOALS AND PRIORITIES WORKSHOP
The Council participated in a workshop to establish Council goals and priorities and provided staff direction.

ADJOURNMENT
Mayor Pittman adjourned the meeting at 2:01pm.

APPROVED: ATTESTED:
_______________________________________ _________________________________________ Mayor David Pittman Assistant City Clerk Jackie Glover
6 Item 1.
03/28/23- MEETING NOTES

1. STAFFING/ RECRUITMENT/ TRAINING (4)
a. HIRE OPD HR MANAGER
b. HIRE TWO ELECTRICIANS (2)
c. HIRE A STREET SUPERINTENDENT AND A PUBLIC WORKS DIRECTOR d. FULLY STAFF BUILDING DEPARTMENT (2)
i. HIRE BUILDING OFFICIAL
e. FULLY STAFF ADMINISTRATION DEPARTMENTS (3)
i. HR ASSISTANT AND CLERK ASSISTANT
f. MONEY FOR RECRUITMENT AND RETENTION
i. RECRUITMENT (3)
g. CODE ENFORCEMENT OUTREACH TEAM (2)
h. POLICE TRAINING ON CRIME REPORTING, PATROLS AND REPORTS i. ADDRESS STAFFING NEEDS
j. HAVE MULTIPLE MECHANICS ON DUTY
k. HIGHER WAGE JOB OPPORTUNITIES
l. POST JOBS ON GOVJOBS.COM
m. OPEN ENROLLMENT SOFTWARE

2. PROCESS IMPROVEMENTS (3)
a. PIO – COMMUNITY LIAISON TO COMMUNICATE /REPORT CITY SUCCESSES b. CITY HALL INTERCOM FOR BACK AREA STAFF
c. PUBLIC RECORDS REQUEST DISTRIBUTION PROCESS FOR STAFF d. REVAMP BUILDING AND PLANNING FROM THE GROUND UP
e. EFFICIENT PERMIT PROCESS
f. ELECTRONIC PERMIT PROCESS - EASIER

3. MARKET RATE HOUSING INC (1)
a. MARKET RATE AND HIGHER END HOUSING
b. HOUSING INCENTIVE (LIHTC)
c. HOUSING INCENTIVES

4. CUSTOMER SERVICE (4)
a. CUSTOMER SERVICE TRAINING
b. CUSTOMER SERVICE TRAINING FOR BUILDING AND PLANNING
c. CUSTOMER SERVICE TRAINING FOR ADMINISTRATION

5. COMMUNITY IMPROVEMENTS
a. GENERAL BEAUTIFICATION OF THE COMMUNITY
b. IMPROVE VACANT BUILDING/LOTS
i. IMPROVE DOWNTOWN VACANT BUILDINGS
c. HIGHER WAGE JOB OPPORTUNITIES
d. SOUTH OROVILLE IMPROVEMENTS – HOUSING, STREETS AND SIDEWALKS e. COMMUNITY REPUTATION AND SELF ESTEEM
f. PRE- APPLICATION MEETINGS

6. AIRPORT HANGERS (0)
a. MORE AIRPORT HANGERS (3)
7 Item 1.

7. ROAD REPAIRS (5)
a. PAVING/ROAD REPAIR (3)
b. ROAD EQUIPMENT
c. ROAD PLAN
d. PRIORITY LIST OF ROADS, AND REPAIR, KEEP AND MAINTAIN THEM

8. PARK SAFETY/ SECURITY (2)
a. INCREASE PARK SAFETY
b. BLUE LIGHT SAFETY
c. LIGHTING
d. FENCES
e. ENHANCED PATROL

9. PARK /REC ENHANCEMENTS (1)
a. PARK IMPROVEMENT
b. DEVELOP BEDROCK PARK
c. UPGRADE PLAYGROUND EQUIPMENT AT ROTARY
d. TREE REPLACEMENT PROGRAM PRO-ACTIVE
e. DAM LICENSING FERC
f. IMPROVE LEVEE/ RIVER RECREATION.
g. FUNDING FOR POOL

10. FISCAL RESP (0)
a. BE FISCALLY SUSTAINABLE AND RESPONSIBLE.
b. LEASE LAND FOR POLICE DEPARTMENT
c. CAPITAL EQUIPMENT PURCHASES
d. NON-GRANT FUNDING FOR BAHD (2)
e. ADMINISTRATION FISCAL STABILITY

11. PATROL EXPANSION (1)
a. PATROLS AROUND PARKS MORE OFTEN (2)

12. CRIME REPORTING (0)
a. TRAINING ON CRIME REPORTING
b. MORE TECH FOR CRIME SOLVING AND PREVENTION.
i. CAMERAS
ii. DRONES

13. FIRE EQUIPMENT (3)
a. UPDATED TRUCKS AND EQUIPMENT (2)
b. NEW 1 LADDER, 2 FIRE ENGINES (2)
c. FIRE TRUCKS (4)

14. IT IMPROVEMENTS (0)
● Council Top Priorities
● Multiple People Suggested
8 Item 1.

April 04, 2023~4:00 PM Oroville City Council Meeting Minutes Page 1 of 5

OROVILLE CITY COUNCIL
Council Chambers
1735 Montgomery Street
Oroville, CA. 95965
April 04, 2023

REGULAR MEETING

MINUTES
This agenda was posted on March 31, 2023. This meeting was recorded and may be viewed at cityoforoville.org or on YouTube.

CALL TO ORDER / ROLL CALL
PRESENT: Council Members: Tracy Johnstone, Krysi Riggs, Scott Thomson, Janet Goodson, Shawn Webber, Vice Mayor Eric Smith, Mayor David Pittman STAFF: Brian, Jackie, Bill, Ron, Ruth, Amy, Dawn, Scott, Karolyn, Wes, Liz Added Item: The following item came to the attention of the City Staff subsequent to the posting of the agenda for this April 4, 2023 meeting. Pursuant to Government Code Section 54954.2, staff is requesting the council take action to add this item.

Amend the Agenda to Add Item No. 2.5 to Open session as follows:

Pursuant to the Brown Act, as amended by AB2449, the Council will consider approving the emergency circumstances for two council members to attend this meeting virtually.

Motion to add item as stated above by Council Member Johnstone and seconded by Council Member Webber. Motion passed with 5 yeses and 2 absent.

AYES: Johnstone, Riggs, Thomson, Webber, Pittman
NOES: None
ABSTAIN: None
ABSENT: Smith, Goodson

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

OPEN SESSION

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

2. Pledge of Allegiance – Led by students from Ophir Student Body Council

2.5 Pursuant to the Brown Act, as amended by AB2449, the Council will consider approving the emergency circumstances for two council members to attend this meeting virtually. 9 Item 1.

April 04, 2023~4:00 PM Oroville City Council Meeting Minutes Page 2 of 5 Motion by Council Member Johnstone and seconded by Council Member Thomson to approve item 2.5. Motion passed with 5 yeses and 2
AYES: Johnstone, Riggs, Thomson, Webber, Pittman
NOES: None
ABSTAIN: None
ABSENT: Smith, Goodson

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

AYES: Johnstone, Riggs, Thomson, Webber, Smith, Goodson, Pittman NOES: None
ABSTAIN: None
ABSENT: None

PRESENTATIONS AND PROCLAMATIONS

1. The City Attorney provided a presentation on Sober Living Environments.

PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on agenda items:
- Eric Schanke – Presentations
- Susannah Wedgwood - Presentations
- Natalie Sheard - Presentations
- Julie Miller - Presentations
- Shara Sheard - Presentations
- Tj Jensen - Presentations
- Joseph Sanders - Presentations
- Annie Terry - Presentations
- Bill Speer – Presentations
- Celia Hirschman – Presentations
- Don Noble – Item 11
The following individuals spoke on non-agenda items:
- Bill Speer
- Shannon Tomlin and Brianna

CONSENT CALENDAR
Motion by Council Member Riggs and seconded by Council Member Johnstone to approve the consent calendar items 1-9 excluding item 5. Motion passed.

AYES: Johnstone, Riggs, Thomson, Webber, Smith, Goodson, Pittman NOES: None
ABSTAIN: None
ABSENT: None

1. APPROVAL OF THE MINUTES
10 Item 1.

April 04, 2023~4:00 PM Oroville City Council Meeting Minutes Page 3 of 5 The council approved the minutes of March 21, 2023

2. CONSIDER AND APPROVE NEWLY CREATED JOB DESCRIPTIONS FOR HUMAN

RESOURCE/RISK MANAGER, HUMAN RESOURCE ANALYST, AND HUMAN RESOURCE

TECHNICIAN
The City Council approved the attached job descriptions for Human Resource/Risk Manager, Human Resource Analyst, and Human Resource Technician.

3. AWARD OF CONTRACT; YARD AND BRIDGE STREET INTERSECTION IMPROVEMENT

PROJECT
The Council awarded a contract to All-American Construction, Inc for $174,773.00, and allocating $18,000.00 for contingencies. And authorized the City Administrator to execute the contract.

4. AWARD OF CONTRACT; PORTLAND LOOS PROJECT
The Council awarded a contract to R&R Horn Contractors, Inc. for $460,169.00 and allocating $47,000.00 for contingencies, for a total of $507,169, and authorized the City Administrator to execute the contract; and approved spending $407,169 and a reallocation of $100,000 from the Veterans Project.

6. TRANSFER OF BEDROCK PARK PARCEL FROM FEATHER RIVER RECREATION AND PARKS DISTRICT TO THE CITY OF OROVILLE: APN 035-290-019 The Council adopted Resolution No. 9131 – A RESOLUTION OF THE OROVILLE CITY

COUNCIL AUTHORING AND DIRECTING THE MAYOR TO EXECUTE ALL TITLE AND

ESCROW DOCUMENTS RELATED TO THE TRANSFER OF ONE FEATHER RIVER RECREATION AND PARKS DISTRICT PROPERTY; APN: 035-290-019, TO THE CITY OF

OROVILLE

7. RATIFICATION OF ADDITIONAL REMEDIATION AND REPAIRS AT 33 CANYON

HIGHLANDS DRIVE
The City Council ratified the expenditures that were made for this emergency remediation at 33 Canyon Highlands Dr.

8. CONTRACT FOR ADMINISTRATIVE HEARING OFFICER SERVICES RELATED TO CODE

ENFORCEMENT
The Council approved an agreement for Administrative Hearing Officer services for the City of Oroville by approving Agreement No. 3452

9. VOICE FOR THE ARTS AWARD SELECTION
The Council approved the Arts Commission recommendation and awarded the Voice of the Arts Award to Community Individual Don Remley.

5. AGREEMENT FOR AS NEEDED PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES WITH RUSSELL, GALLAWAY ASSOCIATES, INC.

The Council considered authorizing the Mayor to execute an agreement for as needed professional architectural and engineering services with Russell, Gallaway Associates, Inc.

Motion by Council Member Goodson and seconded by Council Member Riggs to authorize the Mayor to contract with Russell, Gallaway Associates, Inc. for as needed 11 Item 1.

April 04, 2023~4:00 PM Oroville City Council Meeting Minutes Page 4 of 5 professional architectural and engineering and design services and approve Task Orders 1 & 2 but to hold off on starting the contracts until after the Council Architectural Ad hoc committee meets.

REGULAR BUSINESS

10. SELECTION OF THE 2023 SAMUEL J. NORRIS AWARD FOR EXCELLENCE RECIPIENT The Council considered the selection of a recipient for the 2023 Samuel J. Norris Award for Excellence.

Council selected a recipient for the 2023 Samuel J. Norris Award for Excellence.

Bud Bolt – Smith, Johnstone, Pittman, Thomson, Webber
Jan Hill – Riggs, Goodson
This award will be awarded at the State of the City on April 25, 2023.

11. LETTER FROM YMCA REQUESTING CITY PARTNERSHIP IN BUILDING DOWNTOWN

SWIMMING POOL/ATTRACTION
At the request of Council Member Johnstone and Council Member Webber, the Council will discussed the letter received from the YMCA of Superior California (YMCA) requesting to partner with the City to discuss bringing a pool to the downtown area of Oroville.

Council provided staff direction and recommended that this topic be initially discussed at the Council Executive Committee.

12. RE-ESTABLISHMENT OF THE COMMUNITY ENHANCEMENT BUDGET UNIT At the March 21, 2023 regularly scheduled City Council meeting, Council Member Thomson and Council Member Webber discussed putting on the agenda the concept of providing some City funding for a 4th of July fireworks show. In addition, there were conversations of budgeting for funding to potentially help fund other projects that impacted the quality of life of our residents or provided a community benefit. In response to these discussions, staff brought forward for Council consideration of the re-establishment of the Community Enhancement budget unit.

Motion by Council Member x and seconded by Council Member x to Direct staff to re-establish the Community Enhancement budget unit with $15,000 budgeted; or Thomson/Webber 100,000 , 20,000 for fireworks and 5,000 in matching donations Riggs/Goodson – Motion to establish a Community Enhancement budget unit of $20,000, an appropriate use would be matching funds.

Smith/Thomson/Webber - No

13. FORMATION OF ARCHITECTURAL DESIGN WORK AD HOC COMMITTEE At the March 21, 2023 regularly scheduled City Council meeting, Council Member Thomson and Council Member Webber requested an item be placed on the agenda to consider the establishment of an ad hoc committee to review architectural design work being performed on City buildings and property.

Webber/Thomson – Make a stand-alone committee.
12 Item 1.

April 04, 2023~4:00 PM Oroville City Council Meeting Minutes Page 5 of 5 Pittman, Riggs, Goodson - No
PUBLIC COMMUNICATION – HEARING OF NON-AGENDA ITEMS
The following individuals spoke on non-agenda items:
- Bill Speer

REPORTS / DISCUSSIONS / CORRESPONDENCE

1. Council Announcements and Reports
a. Riggs – Spoke about First Friday Event
b. Webber – Spoke about road work ideas coming soon and upcoming events c. Pittman – Spoke about the Butte County Housing Authority

2. Future Agenda Items
a. Webber – Architectural Design Committee Appointments b. Riggs/Thomson/Pittman – Fire Engine

3. Administration Reports
a. Nevers – Spoke about current work of the department. b. Duncan – Spoke about the LAIF Correspondence
c. Belser – Spoke about March activity in the department, spoke about City Works d. Bergstrand – Spoke about a Grant XXXXXXXXXXXXXXX
e. Ring – Spoke about the Goals and Priorities Workshop, Spoke about the Budget, Chamber Dinner

4. Correspondence
i. LAIF Correspondence
ii. Haven of Hope on Wheels Bi-Annual Report
iii. Feather River Recreation and Park District Activity Center Closure

ADJOURN THE MEETING
Meeting adjourned at 8:17pm
13 Item 1.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST COMMUNITY DEVELOPMENT DIRECTOR
RE: SANK PARK FEE WAIVER REQUEST BY AMERICAN ASSOCIATION

OF UNIVERSITY WOMEN
DATE: APRIL 18, 2023

SUMMARY
The Council will consider a fee waiver request for the use of the Lott Home – Sank Park by the Oroville chapter of the American Association of University Woman (AAUW), in the amount of $400 on May 12, 2023.

DISCUSSION
The applicant, Kristin Sherrock, has applied for a fee waiver for the rental fees associated with the Lott Home – Sank Park located at 1067 Montgomery Street, Oroville. The applicant is a representative of the Oroville branch of AAUW, which is seeking to hold their annual Tech Trek Picnic for the selected Tech Trek girls and their parents on May 12, 2023. AAUW selects several girls throughout the area to attend a weeklong Math and Science camp in Davis. The purpose of this event is to celebrate the selection of the camp attendees, so the girls attending can meet one another, and to inform the girls and their parents on what their camp experience will entail.

To avoid detracting from the Tech Trek scholarship funds, the applicant is requesting a fee waiver for this event. Waiver of the fees ($400.00) would cover $150.00 for the cleaning deposit and $250.00 for the rental of the kitchen and patio. The allotted 4-hour rental of the Lott Home – Sank Park includes set-up and clean-up time, which would also be covered with this waiver.

FISCAL IMPACT
The City will see a loss in revenue for a 4-hour rental fee for the Lott Home – Sank Park in the amount of $400.00.

RECOMMENDATION
Approve the fee waiver request for the use of the Lott Home – Sank Park by the Oroville branch of AAUW, in the amount of $400 on May 12, 2023.
14 Item 2.

Page 2 ends

ATTACHMENTS
Facility Use Fee Waiver Application – Sank Park
Application & Agreement for Use
Facilities Rental Agreement
15 Item 2.
16 Item 2.
17 Item 2.
18 Item 2.
19 Item 2.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: MATT THOMPSON, ACTING CITY ENGINEER
RE: TASK ORDER AMENDMENT – WASHINGTON AVENUE
DATE: APRIL 18, 2023

SUMMARY
The Council may consider amending existing Task Order 7. The amendment would authorize a geotechnical investigation of the Washington Avenue roadway structure and increase the Task Order by $19,780.

DISCUSSION
The Council previously approved Task Order 7 to NorthStar Engineering of Chico for design of the Washington Avenue pavement reconstruction project from Oro Dam Blvd to the railroad overcrossing. This project would include reconstruction of the roadway, bringing all existing non-ADA compliant curb ramps to compliance, and adding curb ramps wherever necessary.

This amendment would authorize NorthStar’s subcontractor Bajada Geosciences, Inc to conduct a geotechnical survey of the Washington Avenue pavement structure. This investigation would provide NorthStar with recommended pavement thicknesses based on ground conditions and traffic conditions.

FISCAL IMPACT
NorthStar will complete the amended Task Order for $159,620 which includes the $19,780 increase for Geotechnical Investigation by Bajada Geosciences, Inc. Funds for this project will come from fund 5021-6360, Local Transportation Fund – Outside Services.

RECOMMENDATION
Staff recommends that the Council direct the City Administrator to approve the amendment.

ATTACHMENTS
Amendment 1 Task Order 7 Northstar.pdf
20 Item 3.

Washington Ave
Professional Services Agreement Scope of Work; NorthStar 3/24/2023
SCOPE OF WORK – WASHINGTON AVENUE

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

We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.

PROJECT DESCRIPTION
The scope of work for the Washington Avenue Project is to provide pavement replacement, restriping, and ADA ramp design along Washington Avenue. The project extents range from the northwest side of Oro Dam Blvd E and Washington Ave intersection through the bridge abutment directly after Orange Avenue, please see Attachment A for the Project Extents Exhibit. This scope includes pavement replacement for the entire stretch of Washington Ave within the project limits.

In addition, NorthStar will provide a design for all ramps that do not currently comply with ADA standards and a design to add ramps at curb returns if necessary.

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

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

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

Quality Assurance / Quality Control
NorthStar approach to quality assurance and control program has been developed over the course of performing consulting services for a variety of clients and complex projects over the past 40 years. Two primary methods for consistently delivering a quality product on-time and within 21 Item 3.

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budget; internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables.

Task 2 Topographic Survey and Basemapping
NorthStar will retain the services of an Aerial Photogrammetrist to perform a topographic survey and provide a base map suitable for the design of the new roadway rehabilitation projects. The survey will include the limits as depicted in Attachment A falling between the road right-of-way. The topographic map shall include:
• Surface improvements
• Underground utilities compiled from utility surface features, as-built plans and franchise utility system maps (research performed by NorthStar). Invert elevations are excluded from this scope.
• Fence Lines
• Existing striping
• Tree canopy lines
• Right-of-way Lines compiled from record information
• Surface Roadway Features, tops, toes, center of railroad tracks in the area of the railroad bridge. It is assumed that a detailed topographic survey of the bridge will not be required.

The aerial photogrammetric map shall be prepared at a 1” = 20’ scale with 1’ contours. An analysis shall be made on the existing handicap ramps to determine compliance with ADA slopes. Where it is determined that any ramp is not in ADA compliance, ground survey data shall be collected in that area and incorporated in the aerial base map.

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

Preliminary research of existing record mapping along Washington Avenue within the project area shows that not all right-of-ways have been mapped. Right-of-way lines shown on existing maps within the project area will be depicted on the topographic survey where sufficient monuments can be found based on said record mapping.

Task 3 Design
Right of Way & Utility Coordination
NorthStar will identify the right of way to establish temporary construction signage, proposed fence relocation(s), tree removal, and other related permits and improvements if necessary.

NorthStar will coordinate with utility companies to identify utility conflicts and collaborate on appropriate avoidance or relocation solutions.
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Civil Design: 35%, 60%, & 90% Plans
The 35% design completion serves multiple functions in the design process such identifying and resolving site specific prospective challenges. Utilizing this phase of development for problem solving and iterative design prevents unnecessarily expenditure of resources on an errant design trajectory. NorthStar has included a limited amount of time to investigate surface drainage within the project limits. If significant drainage issues are found, NorthStar will coordinate with the City to determine the new scope of work, project extents, and corresponding AWA.

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

Based on the City technical review and comments to the 60% documents, the project plans, specifications, and estimate will be progressed to a 90% level of completion including preparation and inclusion of applicable bid documents. Additionally, this level of design will be developed to support submittal for the Request for Allocation for the construction phase of the project. The project plans will include label detailing, notes, and design refinements to support implementation of the project by any contractor. Similarly, project specifications and engineer’s estimate will be refined to support successful implementation of the project.

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

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

Although MS4 is not required, time has been included in the estimate to provide a clarification letter and supporting documentation to the City of Oroville. 23 Item 3.

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

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

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

NorthStar will coordinate and assist the Client with the following:
• Answer any questions from contractors and/or bidders
• Responses to questions will be provided via phone and/or email to the city. A formal response to any questions asked will be done with and addendum that will be released to all bidders Task 6 Geotechnical investigation
Bajada Geosciences will perform a geotechnical investigation of Washington Avenue’s existing structural section from north of Orange Avenue to Oro Dam Boulevard. This investigation will also include recommendations for roadway section based on site and traffic conditions. A detailed proposal by Bajada Geosciences can be found in Attachment B.

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PROJECT EXCLUSIONS
• Environmental Review: including preparation of a Notice of Exemption (NOE) for the proposed project pursuant to CEQA Guidelines Section 15062 and Appendix E • Landowner coordination: including right of way appraisals and acquisitions when necessary • SWPPP can be provided for additional cost
• Construction staking can be provided for an additional cost • Traffic control can be provided for an additional cost • Prebid meetings
• Utility improvements including sewer and storm drain invert elevations • Sidewalk extensions or replacement
• Driveway improvements including noncompliant ADA sidewalks adjacent to driveway approaches

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COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 159,620 Task 1: Project Management $11,480
Task 2: Topographic Survey & Base Map $35,780
Task 3: Design $85,400
Task 4: MS4 $1,120
Task 5: Bidding $6,060
Task 6: Geotechnical Investigation $19,780

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IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT: CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

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

DATE: DATE:
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STANDARD HOURLY RATES
Effective July 1, 2022 through June 30, 2023*
Engineering/Surveying Hourly Rate
Principal Engineer/Surveyor $230.00
Senior Managing Engineer/Surveyor $210.00
Senior Engineer/Surveyor $188.00
Associate Engineer/Surveyor $166.00
Assistant Engineer/Surveyor $145.00
Junior Engineer $125.00
Senior Designer/Technician $136.00
Associate Designer/Technician $115.00
Assistant Designer/Technician $ 95.00
One Person with GPS/Robotic (Party Chief) $185.00
Two-Person Survey Crew $250.00
Party Chief (Prevailing Wage) $205.00
Two-Person Survey Crew (Prevailing Wage) $325.00
Architecture Hourly Rate
Senior Architect $175.00
Project Architect $160.00
Assistant Architect $145.00
Architectural Job Captain $130.00
Architectural Drafter $110.00
Planning/Environmental/GIS Hourly Rate
Principal Planner $175.00
Administrative Hourly Rate
Project Management $165.00
Administrative $100.00
Other Rate
Litigation Support – Expert Witness Testimony $500.00 per hour Mileage Current Federal Rate
Reproduction, Materials, Fees, Special Mail, etc. Cost + 15% Subcontractors Cost + 15%
*Rates typically increase 4-5% per year

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Attachment A: Project Extents
29 Item 3.
© 2022 Microsoft Corporation © 2022 Maxar ©CNES (2022) Distribution Airbus DS © 2022 TomTom 30 Item 3.

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Attachment B: Geotechnical Proposal

31 Item 3.

Quality Geotechnical Engineering Services
March 16, 2023
Proposal P23.0108
Ms. Mekena Galka, P.E.

NORTHSTAR ENGINEERING
111 Mission Ranch Blvd, Ste. 100
Chico, CA 95926
Subject: Proposal for Geotechnical Services
Washington Avenue Improvements
City of Oroville, California

Dear Ms. Galka:

Bajada Geosciences, Inc. (BAJADA), is pleased to present this proposal to Northstar Engineering (Northstar), to provide geotechnical engineering services for the City of Oroville’s (City) Washington Avenue Improvement Project. The following proposal presents our understanding of the project, a scope of services, estimated costs, and schedule to complete our studies.

PROJECT UNDERSTANDING
We understand that the City would like to rehabilitate approximately 3,400 feet of Washington Avenue from the railroad overcrossing to Oro Dam Boulevard East. We understand that the improvements do not include widening of the road but consist of improvement of the structural roadway section.

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

Task 1 – Pre-Exploration and Pavement Conditions Evaluation Prior to subsurface exploration, BAJADA will obtain an encroachment permit from the City. We assume it will be issued with no fee since this is a City project.

As part of this task, BAJADA personnel will walk the roadway segment to assess and map existing pavement surface conditions. It is assumed that plans showing the roadway with stationing will be provided to us prior to initiation of this task so that our observations can be recorded on project baseline documents.
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Washington Avenue Improvements
City of Oroville, California
March 16, 2023
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We will also mark proposed subsurface exploration locations and contact Underground Service Alert (USA) as required by California law.

Task 2 – Coring & Sampling
Coring will be performed at up to 7 locations along the project alignment. All cores will penetrate the roadway structural pavement section and will expose roadway subgrade soils. A bulk sample of subgrade soils will be obtained at each of the coring locations along the roadway during the field exploration. The core holes will be backfilled using excavated cuttings and AC patched using coldpatch or quickset concrete dyed black.

It is anticipated that coring and sampling will occur over the course one working day. Traffic control will be provided by a licensed traffic control subcontractor and will include a lane closure while we are performing our work. It is assumed that our exploration can be performed between 8 am and 5 pm and will not include any night work.

Task 3 – Laboratory Testing
Soil samples obtained during Task 2 will be delivered to BAJADA’s office for assignment of laboratory testing. It is anticipated that the following laboratory tests will be performed during the course of this study:

ANTICIPATED LABORATORY TESTING SCHEDULE
Test Standard Test Method Number of Tests
In situ Moisture/Dry Density ASTM D2937 7
Atterberg Limits ASTM D4318 7
Grain Size Analysis ASTM D422 7
Maximum Density/Optimum Moisture ASTM D1557 2
R-Value Cal 301 3
Soil Chemistry AASHTO T290/291 2
The actual types and numbers of tests that will be performed may vary from those presented in the above table and will be determined after the field exploration has been performed.

Task 4 – Analysis
Upon completion of the above-noted tasks, we will perform evaluations for the project. Those evaluations will include alternative methods of pavement rehabilitation that could include:
 Pavement overlay;
 Dig-outs with pavement overlays;
 Pavement pulverization and overlay;
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Washington Avenue Improvements
City of Oroville, California
March 16, 2023
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 Full depth reclamation;
 Cold in-place recycling;
 Chip seals; and
 Microsurfacing.

Task 5 – Reporting
Results of the field investigation, laboratory tests, and analyses will be summarized and concluded in a written letter-report. That report that will contain, at a minimum, the following:

 A description of the proposed project including a site plan showing approximate locations of explorations advanced for this study;
 A description of the field exploration and sampling program;  A table showing structural pavement sections measured during the field exploration;  Results of laboratory testing;
 Maps showing pavement conditions;
 Recommendations for rehabilitation methods along the study roadways; and  Appendices presenting laboratory data and slope stability analyses.

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

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

SCHEDULE
We are prepared to initiate our services immediately upon receipt of authorization to proceed with the study. We estimate that our geotechnical studies can be completed within 8 to 10 weeks following receipt of authorization to proceed with those services. The field exploration services schedule will be influenced by the availability of exploration equipment, site access, permit acquisition, and inclement weather, all of which are out of BAJADA’s control.

ASSUMPTIONS
A number of critical assumptions were made in preparation of this proposal. Those assumptions are as follows:
 Our field exploration can be performed between 8 am and 5 pm M – F and will not include any night work;
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March 16, 2023
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 An encroachment permit will be issued by the City at no fee to BAJADA; and  By contacting USA regarding utility locations on-site, BAJADA will have performed the standard of care and due diligence to avoid encountering buried utilities during exploration.

If mislocated or unlocated utilities are encountered during exploration, BAJADA cannot be held responsible for the adverse effects caused by encountering those utilities.

If these assumptions are incorrect, modification to this proposal may be necessary.

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

Regards,
BAJADA GEOSCIENCES, INC.

James A. Bianchin, C.E.G.

Principal Engineering Geologist
2023 Fee Schedule
35 Item 3.
2023 FEE SCHEDULE

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

OTHER DIRECT CHARGES
Subcontracted Services .......................................................................................... Cost Plus 15% Outside Reproduction ............................................................................................. Cost Plus 15% Laboratory Testing .................................................................................................. Cost Plus 15% Outside Equipment ................................................................................................. Cost Plus 15% Out-of-Pocket Expenses ......................................................................................... Cost Plus 15% Travel and Subsistence .......................................................................................... Cost Plus 15% Field Vehicle ......................................................................................................................$25/day Unmanned Aerial System ................................................................................................$250/day Vehicle Mileage.............................................................................................................. $0.80/mile Specialized Software Applications ...................................................................................... $40/hr 36 Item 3.

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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: MATT THOMPSON, P.E. ACTING CITY ENGINEER
RE: TASK ORDER 17; SEWER MASTER PLAN PROJECTS 3-B
ALTERNATIVE AND 3C FEASIBILITY STUDY
DATE: APRIL 18, 2023

SUMMARY
The Council may direct staff to issue a task order to NorthStar to conduct a feasibility study on the constructability of Sewer Master Plan Project 3-B Alternative and 3C.

DISCUSSION
Staff is proposing to issue a Task Order to NorthStar to develop a feasibility report on the constructability of a sewer system extension in anticipation of the Ophir Road Warehouse Project and Georgia Pacific Way Roadway Reconstruction Project. This sewer system extension is based on Sewer Project 3-B Alternative and 3C in the City’ Sewer Master Plan developed in 2013 by Carollo Engineers.

This project would involve extending the current sewer system from the intersection of 5th Street and Georgia Pacific Way to across Ophir Rd and down Baggett Palermo Rd.

FISCAL IMPACT
The funds in the amount of $29,340.00 for the Sewer Master Plan Project Feasibility Study by NorthStar will come from Fund 400, Sewer Fund – Outside Services.

RECOMMENDATION
Staff recommends that the Council direct the City Administrator to proceed with the issuing of Task Order 17 discussed above to NorthStar.

ATTACHMENTS
City of Oroville Sewer Master Plan Projects 3-B-Alternative and 3C.

Services Agreement
NorthStar Proposal
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CITY CONTRACT NO. 3302
TASK ORDER #17

FOR PROFESSIONAL SERVICES
This Task Order is made and entered into as of ______________, 2023, by and between the City of Oroville (“City”) and NorthStar (“Consultant”).

RECITALS
A. The Consultant is licensed, trained, experienced and competent to provide Professional Services for as required by this Task Order, specifically production of a feasibility report of the constructability of sewer master plan project 3-B Alternative and 3C from 5th Avenue and Georgia Pacific Way to Baggett Palermo Rd; and
B. The Consultant possesses the skill, experience, ability, background, license, certification, and knowledge to provide the services described in this Task Order on the terms and conditions described herein.

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

TASK ORDER

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

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the fee budget/schedule set forth in Exhibit “B,” which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed the amount of $29,340.00 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 41 Item 4.

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

6. Termination. This Task Order may be terminated by the City immediately for cause or by either party without cause upon fifteen days’ written notice of termination. Upon termination, Consultant shall be entitled to compensation for 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”). 42 Item 4.

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Consultant shall require all subcontractors to agree in writing that City is granted a nonexclusive and perpetual license for any Documents and Data the subcontractor prepares under this Task Order. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which may be provided to Consultant by City. City shall not be limited in any way in its use of the Documents and Data 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 43 Item 4.

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this Task Order in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

10. Consultant’s Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Task 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 44 Item 4.

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Order.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant’s business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained by City Hall.

11. Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City’s employees, and Consultant hereby expressly waives any claim it 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 45 Item 4.

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not a designated employee within the meaning of the Political Reform Act because Consultant:
a. will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation, or counsel independent of the control and direction of the City or any City official, other than normal Task Order monitoring; and
b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).)

13. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Task Order. All work performed by Consultant under this Task Order shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent 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 46 Item 4.

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of this Task Order, any licenses, permits, insurance and approvals which are required by the City for its business.

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

With regard to any claim alleging Consultant’s negligent performance of professional services, Consultant’s defense obligation under this indemnity paragraph means only the reimbursement of reasonable defense costs to the proportionate extent of its actual indemnity obligation hereunder.

17.Insurance Requirements, Incorporation and Conflicts. Consultant, at Consultant’s own cost and expense, shall procure and maintain insurance, for the duration of the Task Order, as required under Contract Number 3387 between the City and the Consultant. The terms of Contract Number 3387 between the City and the Consultant are incorporated by reference as if fully set forth herein. To the extent that any conflict exists between Contract Number 3387 and this Task Order, the terms of Contract Number 3387 shall control.
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18. Notices. Any notice required to be given under this Task Order shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section:

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

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

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

21. Assignment and Subcontracting. The parties recognize that a substantial 48 Item 4.

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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 this Task Order shall be held exclusively in Butte County Superior Court or the United States District Court, Eastern District of 49 Item 4.

Page 11 of 13 ends

CITY CONTRACT NO. 3302
California.

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

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

27. Authority to Enter Task Order. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Task Order. Each party warrants that the individuals who have signed this Task Order have the legal power, right, and authority to make this Task Order and to bind each respective party.

28. Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Task Order. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift 50 Item 4.

Page 12 of 13 ends

CITY CONTRACT NO. 3302
or other consideration contingent upon or resulting from the award or making of this Task Order. For breach or violation of this warranty, City shall have the right to rescind this Task Order without liability. For the term of this Task Order, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Task Order, or obtain any present or anticipated material benefit arising therefrom.

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

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

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

By: Scott E. Huber, City Attorney
Standard Task Order Form January 26, 2021
51 Item 4.

Page 13 of 13 ends

CITY CONTRACT NO. 3302
Attachments:

Exhibit A - Consultant Scope
Exhibit B – Fee Proposal/Schedule
52 Item 4.

Sanitary Sewer Feasibility Assessment
Professional Services Agreement Scope of Work; NorthStar 3/29/2023
SCOPE OF WORK – OPHIR SANITARY SEWER FEASIBILITY

SERVICES PROVIDED
NorthStar has prepared the following scope of services to develop a feasibility assessment to construct approximately 1.75 miles of sewer facilities in South Oroville. The purpose of this assessment is to evaluate the feasibility of constructing the proposed sewer line extension. The outcome of this scope of work will be a feasibility report that discusses the constructability of the project identifying any obstacles or challenges that are anticipated during construction and the projected cost for construction. This scope is based on our understanding of the project at the time of this proposal and the Design Team’s collective experience with similar improvement projects. We appreciate the opportunity to discuss the scope of this project and the respective level of effort during the proposal process.

PROJECT DESCRIPTION
The scope of work for the project would begin on Georgia Pacific Way at the intersection of 5th Avenue, continue down Baggett Marysville Road, and half way down Baggett Palermo Road (see Attachment A for project extents). The feasibility assessment will review the January 2013 Sanitary Sewer Master Plan prepared by Carollo Engineers and current zoning to determine the size of sewer facilities necessary for the area based on potential development. Potential constraints and constructability challenges will also be identified and included in the assessment to provide a clear understanding of the feasibility of constructing the project.

Task 1 Project Management
NorthStar will perform the numerous services and activities associated with management of the contract.

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

Project Coordination
To effectively manage the project NorthStar expects to have a weekly meeting with the City of Oroville to review project progress and activities. It is assumed one (1) half hour (1/2) meeting and an additional hour of coordination tasks a week for a four (4) month period.

Quality Assurance / Quality Control
NorthStar approach to quality assurance and control program has been developed over the course of performing engineering consulting services for a variety of clients and complex projects over the past 40 years. Two primary methods for consistently delivering a quality product on-time and within budget; internal communications that established a clear level of expectations, and peer review for clarity and accuracy for salient deliverables. 53 Item 4.

Sanitary Sewer Feasibility Assessment
Professional Services Agreement Scope of Work; NorthStar 3/29/2023
Task 2 Master Plan Review
NorthStar will perform a review of the January 2013 Sanitary Sewer Master Plan design for the section of sewer facilities designated as 3A Alt and 3C to ensure the pipe sizes estimated in the master plan meet the needs of the current zoning. The review will include:
• GIS exhibits to determine the area tributary to the proposed sewer line • Calculations, based on City of Oroville Master Plan methodology, to determine Average Daily Flow and Peak Daily Flow
• Verify existing master plan layout and collection piping network to provide sanitary sewer services to the area is sufficient
Deliverables:
• One set of hard copy (letter size) and digital copy (pdf) of the Master Plan Review exhibits for review by the City of Oroville
Task 3 Pre-Evaluation
Pre-Evaluation
We will conduct a meeting with the City to discuss the findings of our preliminary research and to identify additional constraints or alternative project limits.

We will establish baseline criteria for evaluating the proposed improvements. The baseline criteria will be agreed upon with the City and will include at least the following:
• Project extents based on constraints or environmental limitations • Environmental documentation and permitting costs
• Environmental documentation and permitting duration
• Geotechnical suitability
• Land rights/acquisition limits/requirements
• Construction cost basis
• Construction duration
• Public impacts during construction
Deliverables:
• One set of hard copy (letter size) and digital copy (pdf) of the Pre-Evaluation meeting agenda and notes
Task 4 Right of Way Review
Right of Way Review
• NorthStar will identify the existing City Right of Way from recorded maps and determine if obtaining additional Right of Way is necessary for installation of the proposed facilities. If 54 Item 4.

Sanitary Sewer Feasibility Assessment
Professional Services Agreement Scope of Work; NorthStar 3/29/2023
additional Right of Way is necessary, recommendations for possible acquisitions will be made to provide adequate Right of Way to construct the proposed project. • Identification of potential environmental constraints and possible mitigation measures • Determination of all current government agency approvals and permitting required to complete the recommended servicing scheme
• Create a right of way exhibit that shows the size and location of proposed facilities.

DELIVERABLES:
• One set of hard copy (letter size) and digital copy (pdf) of the Right of Way exhibits for review by the City of Oroville
Task 5 Feasibility Report
Engineers Opinion of Cost
Based on the information gathered in Tasks 2 and 3 an Engineers Opinion of Construction Costs will be developed for the proposed sewer facilities. The Engineers Opinion of Construction Costs will include, but is not limited to, engineering/design costs, environmental permitting, geotechnical investigation, and construction costs.

DELIVERABLES:
• One set of hard copy (letter size) and digital copy (pdf and MS Word) of the Engineers Opinion of Construction Costs for review by the City of Oroville Draft Feasibility Report
Incorporating the work performed under previous tasks, we will prepare a draft Feasibility Report for review and comment. This report will outline the information collected in the review of the Sanitary Sewer Master Plan, the existing zoning, flow calculations, Right-of-Way determinations, potential land acquisitions and any projected environmental constraints.

DELIVERABLES:
• One set of hard copy (letter size) and digital copy (pdf and MS Word) of the draft feasibility report
Final Feasibility Report
After receiving comments from City of Oroville on the Draft Feasibility Report, the report will be refined to address applicable comments and the document will be finalized.

DELIVERABLES:
• One set of hard copy (letter size) and digital copy (pdf and MS Word) of the final feasibility report

55 Item 4.

Sanitary Sewer Feasibility Assessment
Professional Services Agreement Scope of Work; NorthStar 3/29/2023

PROJECT EXCLUSIONS
• Environmental Review: including preparation of a Notice of Exemption (NOE) for the proposed project pursuant to CEQA Guidelines Section 15062 and Appendix E • Environmental Permitting
• Landowner coordination: including right of way appraisals and acquisitions when necessary • Right-of-way/ Boundary Survey
• Geotechnical Survey

COST PROPOSAL
CONSULTANT FEE: The estimated fee to complete the Scope of Services is: $ 29,340.00 Task 1: Project Management $ 6,636
Task 2: Master Plan Review $ 4,824
Task 3: Pre-Evaluation $ 3,960
Task 4: Right-of-Way Review $ 4,824
Task 5: Feasibility Report $ 9,996
Reimbursable Expenses ( permit copies, FedEx postage, etc.) $ 100

56 Item 4.

Sanitary Sewer Feasibility Assessment
Professional Services Agreement Scope of Work; NorthStar 3/29/2023
IN WITNESS WHEREOF, the parties hereby execute this Agreement upon the terms and conditions stated above and on the date first above written.

CLIENT: CLIENT:

BY: BY:

TITLE: TITLE:

SIGNED: SIGNED:

DATE: DATE:

CONSULTANT: CONSULTANT:

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

DATE: DATE:

57 Item 4.

Sanitary Sewer Feasibility Assessment
Professional Services Agreement Scope of Work; NorthStar 3/29/2023

58 Item 4.

Sanitary Sewer Feasibility Assessment
Professional Services Agreement Scope of Work; NorthStar 3/29/2023
Attachment A: Project Extents Exhibit

59 Item 4.
60 Item 4.

Sanitary Sewer Feasibility Assessment
Professional Services Agreement Scope of Work; NorthStar 3/29/2023

PAGE INTENTIONALLY BLANK
61 Item 4.
62 Item 4.
63 Item 4.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR RE: AUTHORIZATION TO PURCHASE (1) KENWORTH T880 DUMP TRUCK DATE: APRIL 18, 2023

SUMMARY
The Council may approve the purchase of (1) Kenworth T880 10-wheel dump truck in the amount of $251,998.23 as budgeted in the 22/23 Fiscal Year budget.

DISCUSSION
On October 4, 2022, the Council approved the updated Capital Asset purchases for the 22/23 fiscal year, including the purchase of (1) Kenworth T880 10-wheel dump truck. The new 10- wheel dump truck will have the ability to transport almost twice as much material as our current 5-yard dump trucks, increasing our haul capabilities from 8 tons to 15 tons. As staffing levels are increased in recent years, there is a need for more material at any given jobsite to complete more and larger projects.

The vehicle will be purchased from Pape Kenworth and the quote was obtained through Source Well (attached).

FISCAL IMPACT
This Kenworth T880 10-wheel dump truck is budgeted in the 22/23 fiscal year Capital Asset Replacement Fund 300 in the amount of $252,000.00.

RECOMMENDATION
Approve the purchase of (1) Kenworth T880 10-wheel dump truck.

ATTACHMENTS
Kenworth T880 quote
Kenworth T880 overview
64 Item 5.

CUSTOMER TRUCK Page 1 of 2

SALES ORDER
SIC Code:

INVOICE
ADDRESS Buyer
Name

DELIVERY
ADDRESS Name
Address Address
City State Zip City State Zip
Phone Fax Phone Fax
PO No. Delivery/F.O.B. Est. Delivery Date
Yr/Make Mileage NEW USED

EQUIPMENT
Model VIN No.

Description:

See attached Kenworth Vehicle Summary or Addendum
Additional Equipment/Accessories
Add’l Equipment Sales Price
Transportation Charges
Federal Excise Tax
State Sales Tax %
Yr/Make See attached Addendum Misc. Document/License Fee Model Less Net Trade-In Allowance
VIN No. Total Differential Price
Lienholder Mileage Less Deposit with Order
Trade In Allowance Less (Est.) Payoff Balance Due on Delivery * The Sales Price shown in this order will be adjusted by the same increase or decrease as any increase or decrease in Dealer’s factory list prices and any increase or decrease in transportation costs between today’s date and the date of delivery.

NEW STANDARD KENWORTH CHASSIS
VENDOR NEW EXTENDED (describe)
VENDOR NEW EXTENDED (describe)
USED (describe)

WARRANTY
AS IS / NO WARRANTY Buyer Initial: ____________
A heavy-duty tractor and 53-foot or longer box-type trailer operated in California may be subject to the California Air Resources Board Heavy-Duty Vehicle Greenhouse Gas Emission Reduction measure. These vehicles may be required to use low-rolling resistance tires and meet aerodynamic equipment requirements to reduce greenhouse gas emissions. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/cc/hdghg/hdghg.htm.

If trade-in, Buyer certifies that there is no lien of any kind and that the Trade is free and clear and is his sole and absolute property except as noted above.

The undersigned Buyer places a firm order.

PAPÉ KENWORTH BUYER
Store
City State Zip By Title

By Title By Title
Date Date
Cost
TRADE

CITY OF OROVILLE

ENOVEN BODY

DOC FEE
SOURCEWELL CONTRACT #060920-KTC
178608.8
50675
85 3706.50
251998.226
0 1735 MONTGOMERY ST
OROVILLE CA 95965
530

PAPE KENWORTH
None
2024 KENWORTH
✔
✔
T880 TBD

0.0825 18922.926
0 229368.8
251998.226
65 Item 5.

Page 2 of 2 ends

TERMS AND CONDITIONS OF SALE
TERMS AND CONDITIONS OF SALE: Sales Orders are based on the terms and conditions stated herein. Unless otherwise provided on the face hereof, offers are good for acceptance for a period of 30 days from the date hereof. An order by the Buyer shall constitute an acceptance of the terms and conditions herein proposed. If, and only if, no offer of sale is issued by Seller, then the invoice shall be deemed: an acceptance of the Buyer's order; a written confirmation; and a final, complete, and exclusive written expression of the agreement between Seller and Buyer. Buyer is hereby notified that additional or different terms from those contained herein are objectionable.

1. Taxes. Buyer shall pay all local, state, and federal taxes arising from or related to any sale or lease to which this document relates, except for taxes upon or measured by net income of Seller.

2. Delivery. Stated or promised delivery dates are estimates only based upon Seller's best judgment and Seller shall not be responsible for deliveries later than promised regardless of the cause. Delivery periods are projected from the date of receipt of any order by Seller, but if equipment to be furnished by Seller is to be manufactured specifically to fill a particular order, delivery periods will be projected from the date of Seller's receipt of complete manufacturing information. If the furnishing of equipment on orders accepted by Seller is hindered or prevented by public authority or by the existence of war or other contingencies, including, but not limited to, shortage of materials, fires, labor difficulties, accidents, delays in manufacture or transportation, acts of God, embargoes, inability to ship, inability to insure against war risks or substantially increased prices or freight rates, or other causes beyond Seller's control, the obligation to fill or complete such orders shall be excused by Seller's option.

3. Transportation and Claims. Prices quoted are net F.O.B. point designated in writing by Seller. When no F.O.B. point is designated in writing by Seller, prices for new equipment shall be deemed to be net F.O.B. point of manufacture and prices for all other equipment shall be deemed to be F.O.B. Seller's place of business at which the order for the equipment is accepted. Seller's responsibility for the equipment shall cease and all risk of loss shall become the Buyer's upon delivery of the equipment to the first carrier for shipment to the Buyer or his consignee, even though such delivery shall be made prior to the arrival of the equipment at the F.O.B. point designated, and any and all claims for shortages, deliveries, damages or nondelivery must be made by the Buyer or his consignee to the carrier.

Seller shall in no event be responsible for shortages in shipments unless notice of such shortage is given in writing to Seller within 15 days after receipt of shipment.

4. Payment and Security. Buyer agrees to pay in full for the equipment at time of delivery. Buyer agrees to pay the late charge on any past due balance at the rate of 18% per annum. The signator warrants that he/she has authority to execute this order on behalf of any party for whom he/she signs, and that such party has the power to enter into this agreement and perform its terms. As security for all of Buyer's obligations to Seller, Buyer grants to Seller a security interest in the equipment and authorizes Seller to file all documents necessary to perfect Seller's security interest. The security interest granted hereunder is in addition to any other rights available to Seller, and Seller shall have all of the rights and remedies available to a secured party under the Uniform Commercial Code, all of which are cumulative. Throughout the duration of Seller's security interest.

Buyer shall keep the equipment fully insured against theft and loss or damage by fire and other casualty as Seller may from time to time require in accordance with such terms as Seller may require.

5. Buyer to Furnish. Performance by Seller is subject to the Buyer furnishing a satisfactory credit rating certificate, letter of credit, evidence of financing, or any other similar papers necessary for the satisfactory completion of such order.

6. Assignment. The right to any monies due or to become due hereunder may be assigned by Seller, and Buyer, upon receiving notice of such assignment, shall make payment as directed.

7. Limitations of Warranties. If "NEW" warranty is indicated on the reverse side or if new equipment is purchased hereunder, all warranties are strictly given only by the manufacturer. Copies of manufacturer's warranty can be obtained from Seller. If "USED" warranty is indicated on the reverse side. Seller hereby warrants to Buyer that the equipment or components thereof designated on the reverse side, shall be free under normal use and service from defects in material and workmanship for the period shown, commencing on the date of delivery. Buyer's exclusive remedy for breach of the limited warranty shall be the repair or replacement of the warranted equipment without charge to Buyer when returned at Buyer's expense to the Seller's facility where the equipment was purchased, with proof of purchase. Buyer must give notice of any warranty claim not later than 7 days after the expiration of the warranty period and must return the equipment to Seller for repair or replacement no later than 30 days after expiration of the warranty period. Any action against Seller for breach of the limited warranty must be commenced within one year after the date of delivery of the equipment. Seller's warranty does not extend to any defect, claim, or damage attributable to the failure to operate and/or maintain the equipment in accordance with the manufacturer's specifications, or due to the failure to operate or maintain the equipment in accordance with any recommendations of Seller. If "AS IS" is indicated on the reverse side, no warranty of any kind is being given and the equipment is being sold with all faults. THE WARRANTIES IN THIS

PARAGRAPH AND ON THE REVERSE SIDE ARE THE

EXCLUSIVE WARRANTIES GIVEN BY SELLER AND SUPERSEDE
ANY PRIOR. CONTRARY, OR ADDITIONAL REPRESENTATIONS,
WHETHER ORAL OR WRITTEN. SELLER HEREBY DISCLAIMS

AND EXCLUDES ALL OTHER WARRANTIES, WHETHER

EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED

WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES

OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE
OF TRADE. SELLER SHALL NOT BE LIABLE FOR ANY LOSS,

INJURY, OR DAMAGE TO PERSONS OR PROPERTY

RESULTING FROM THE FAILURE OR DEFECTIVE OPERATION
OF THE EQUIPMENT; NOR WILL SELLER BE LIABLE FOR

DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR

CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM
ANY CAUSE. This exclusion applies regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory.

8. Notice. This paragraph shall serve as notice that The Papé Group, Inc. has assigned its rights to sell its rental equipment (as may be described in this sales order) and its rights to sales proceeds (including "trade-in assets" related thereto) to North Star Deferred Exchange as part of an IRC Sec. 1031 exchange.

9. Attorneys Fees. In the event suit or action is instituted against Buyer on account of or in connection with or based upon the terms hereof, the Buyer agrees to pay, in addition to the costs and disbursements provided by law, such sum as the court may adjudge reasonable attorney's fees in both the trial and appellate courts, or in connection with any bankruptcy proceeding.

10. Entire Agreement. The foregoing and any addendum shall constitute the complete and exclusive agreement between the parties, and it is expressly understood and agreed that no promises, provisions, terms, warranties, conditions, guarantees, or obligations whatsoever, either expressed or implied, other than as herein set forth or provided for shall be binding on either party. Each party may transmit its signature by facsimile to the other party and such facsimile signatures shall have the same force and effect as an original signature.

I have read, understand and am bound by the above Terms and Conditions of Sale.

Buyer Initial Here
66 Item 5.

Customer Name:

ADDENDUM TO
CUSTOMER TRUCK SALES ORDER Sales Order:

ADDITIONAL PURCHASES
Yr/Make Model VIN Description

ADDITIONAL TRADE-INS
Yr/Make Model VIN Description

If trade-in, Buyer certifies that there is no lien of any kind and that the Trade is free and clear and is his sole and absolute property except as noted above.

The undersigned Buyer places a firm order.

PAPÉ KENWORTH BUYER
Store
City State Zip By Title

By Title By Title
Date Date
67 Item 5.
68 Item 5.

T880 Concrete Mixer powered
by the PACCAR MX-13 engine 69
Item 5.

The work you do requires everything you’ve got and then some. True too for your trucks and the people who drive them.

With the T880, you’ve got a dependable, versatile vehicle capable of performing your toughest jobs productively and efficiently. Day in, day out. A truck designed at its core with the strength, stamina and operating economy you need to move your business ahead.

Bulk tractor. Tanker. Dump truck. Mixer. Heavy hauler. Refuse truck. Logger. Lightweight line-haul tractor. The next time your job requires maximum effort, dispatch the one truck that’s equipped to handle it: your Kenworth T880.

It’s the world’s best way to get work done.

THE HEAVY-DUTY, ALL-BUSINESS WORK TRUCK YOU CAN COUNT ON.

INSPIRED

VERSATILE
RUGGED

INTELLIGENT

PRODUCTIVE

CONNECTED

REWARDING
70 Item 5.

T880 Six Axle Dump Truck powered
by the PACCAR MX-13 engine 71
Item 5.

Custom-engineered from bumper to taillight, the T880 is the most versatile vehicle to ever roll off an assembly line.

Distinctively Kenworth, this bold new truck is as comfortable hauling 140,000 pounds over the Rockies as it is navigating city streets with a tanker full of fuel. It’s the tough-minded choice as a dump truck, lowboy, logger, concrete mixer, refuse transporter, construction or oil field service vehicle. You name it. The T880 cuts all the big jobs down to size.

With a low sloped hood and wide open visibility, the T880 sports a do-anything, go-anywhere attitude that takes it easy on the driver. Available in 122.6-inch and 116.7-inch BBC models, you can select from a myriad of specialized options to get exactly what you need for your specific payload and operating requirements. There’s even a sleeper option to enhance your flexibility, comfort and lifestyle.

THE PERFECT BALANCE OF FORM, FUNCTION AND FLEXIBILITY

INSPIRED

VERSATILE
RUGGED

INTELLIGENT

PRODUCTIVE

CONNECTED

REWARDING
72 Item 5.

T880 Four Axle Dump Truck powered
by the PACCAR MX-13 engine 73
Item 5.

INSPIRED

VERSATILE
RUGGED

INTELLIGENT

PRODUCTIVE

CONNECTED

REWARDING
When you’re making tracks down an 8 percent grade with 10 yards of mud on your back, you want to be riding on the ironclad foundation of Kenworth dependability. Ninety years of putting it on the line, Kenworth has learned a great deal about how to design and build trucks that will endure in the real world. Trucks with the strength and endurance to work harder and last longer. Trucks that can shoulder maximum payload with minimum tare weight and move that burden over terrain and through job sites you’d never want to negotiate with lesser vehicles. The T880 is all Kenworth, all the way through. Be assured: You can trust this truck.

ENGINEERED TO TAKE A WORLD OF PUNISHMENT.
74 Item 5.
75 Item 5.

INSPIRED

VERSATILE
RUGGED

INTELLIGENT

PRODUCTIVE

CONNECTED

REWARDING
KEEPING THE DRIVER INFORMED, IN TOUCH, IN CONTROL AND ON SCHEDULE.

If knowledge is power, this is the most powerful work truck you’ve ever seen, featuring groundbreaking technology that clarifies and enriches the driving experience like never before. Kenworth’s exclusive leather-wrapped SmartWheel® multifunction steering wheel puts the most frequently used controls right under the driver’s fingertips. High-definition instrumentation includes crisply detailed virtual gauges that deliver real-time information at a glance in all lighting conditions. And Kenworth NavPlus® -- a revolutionary driver interface and productivity tool -- seamlessly integrates vehicle navigation, entertainment, diagnostics and cutting-edge communication into a single intuitive full-color touchscreen. Now that’s powerful.

NavPlus audio features AM/FM/
Weather bands, Sirius satellite
capability, CD player, USB port,
auxiliary MP3 player hookup and
Bluetooth-capable wireless audio
streaming.

Virtual gauges provide realtime information on truck
operation. Oil and transmission
temperatures, manifold boost,
present and average fuel economy,
DPF status and engine torque
come pre-loaded.

NavPlus is the first system in
the industry to offer optimized
routes customized to your truck
parameters and your load.

Pair your compatible Bluetooth
phone with Bluetooth-capable
NavPlus – which includes
a built-in microphone and
speaker – to talk hands-free.
76 Item 5.

T880 with Diamond VIT Interior 77
Item 5.

GOING TO WORK HAS NEVER FELT LESS LIKE WORK.

No matter how many trucks you own, this is the one your drivers will line up for. Inside the handsome exterior of the T880 is a quiet, spacious, state-of-the-art control center that fits professionals of every shape and size. The superior quality, craftsmanship, fit and finish of the wide and wide-open interior is easy to see, but it’s the driving experience that truly distinguishes the T880 from every other work truck you’ve ever known.
78 Item 5.

Light Slate Gray
Light Tan
Medium Slate Gray
Medium Tan
Dark Slate Gray
Dark Tan
Vantage Interior Diamond VIT Interior

INTERIOR COLORS AND OPTIONS
The T880 is available in two interior trim levels, the Vantage and the Diamond VIT. Both are available in either Slate Gray or Tan and come with three colors of vinyl plus a complementary trim color.

Slate Gray
Tan
Interior Vinyl Trim Colors Floor Coverings
Smoked Rosewood - Diamond VIT
Bastogne Burl - Diamond VIT
Bright Gyro Wave - Vantage
Dark Gyro Wave - Vantage
Dark Gray Carpet
Dark Tan Carpet
Dark Gray Rubber Mat
79 Item 5.

As a true driver’s truck, the T880 offers The World’s Best seating arrangements – superior in comfort, adjustability, ride suspension and personal climate control. Upholstery choices include durable vinyl, cloth, Ultraleather and premium leather coverings.

Feature Benefit
Advanced
Suspension
Micro Adjustable Damping Set exactly the ride feel you want.

Suspension Travel Protection Zone Avoid harsh bump stops Base Extension with Independent Full Tilt Optimize both leg comfort and recline angle.

Weight Compensating Auto Level and
Memory No need to readjust for different size drivers.

Height Independent Adjustability Maximum comfort at all heights.

Upper Back Adjustability An OEM industry first providing spine-matching contouring.

Adjustable Side Bolsters Customizable side-to-side support.

Climate
Heating Warmth in the winter.

Cooling Cooling comfort in the summer.

Longevity Replaceable Cushions Keep your seats looking new without extra cost.

Extensive Adjustability and
Outstanding Comfort Features
* Not all options available with all seat trim levels
Ultraleather Is a Registered Trademark of Ultrafabrics LLC.

Sculpted on the Top for
Sleeper Pass-Thru
Double Stitch
Quality Construction
Low & Wide Bottom
Cushion
Conditioned Air
Circulation for
Heating/Cooling
Crisp and Defined
Surface Forms
Lateral Support
Shoulder & Torso
Cloth
Seat Covering Options
Key Features and Options*
Two-Tone Two-Tone
Slate Gray
Tan

KENWORTH SEATS
Black
Vinyl DuraSupreme Ultraleather®
Leather
80 Item 5.

DESIGNED TO GET MORE OUT OF A TRUCK
The Kenworth T880 has been designed to keep your operation running on all cylinders, all the time. At peak efficiency. With minimum downtime. You need that kind of commitment from your truck. And you need a manufacturer who knows how to make it easy for your body builder to do his job fast. How to make daily service checks a walk in the park. How to speed your stay in the service bay with ingenious new ways to save time and cost. How to make sure your truck comes out of the factory job-ready with whatever your need.

Troubleshooting air and electrical systems has never been easier. A centralized passthrough on the firewall provides ready access. Just open the hood and reach up.

A new angled steering gear design provides up to 9 degrees of additional wheel cut. This allows for a tighter turning radius, for superior maneuverability at the job site.

Made of durable Metton, the 5-piece T880 hood offers bolt-on fenders for quick replacement to get you back on the work site. Each fender can be replaced in less than two hours.

The firewall-mounted brake pedal reduces leg strain - an ergonomic difference that means less driver fatigue at the end of the day.
81 Item 5.

Kenworth offers many factory options to streamline body installation, from a 12-pin remote engine harness interface to a J1939 CAN bus harness. Both available at the back of the cab or the end of the frame.

Optional lower chrome exhaust elbows are just one of the ways to dress up your T880. It may be a work truck, but it’s a Kenworth after all.

Keep dirt, mud and spray at bay with Kenworth’s optional forward fender close-out accessory, a great idea when you’re running off the beaten path or with bigger tires.

The T880 is available with five new Watson Chalin lift axles, including a new 10k lift axle and a redesigned 20k lift axle that cuts over 200 pounds off the previous 20k design.

Electric Over Air dash switches (replace flip valves in the dash) provides improved reliability and eliminates air leaks and noise in the cab. Additional functionality and driver interfacing is now possible with the new switches, which provide feedback through the driver performance center in the dash.

Complex reflector halogen headlights offer the lighting performance of projector beam systems without the extra cost.

Designed with extra thick polycarbonate lens and UV inhibitor, the headlamps will stand up to years of service without any complaints.
82 Item 5.

At the heart of the T880 is a fully optimized
and integrated drivetrain featuring the quality
and proven reliability of the PACCAR MX-13
engine. These highly efficient, clean running
engines deliver up to 500 hp and 1,850 lb-ft of
torque – all the muscle you need to do the job.

In addition to industry-leading fuel economy,
the PACCAR MX-13 employs innovative
high-strength yet lightweight components
and premium materials to achieve superior
durability and power-to-weight performance.

The technologically advanced design reduces in-cab noise levels significantly for a more comfortable driving environment. Selective Catalytic Reduction (SCR) in combination with exhaust gas recirculation (EGR) enables the PACCAR MX-13 to boast near-zero emissions.

Bottom line: Expect longer service intervals, increased uptime, lower operating costs and higher resale value. †
Determined By Engine Horsepower And Idle Setting
§
Extended Protection Plans Available
Ratings
Engine Horsepower Peak Torque lb-ft @ rpm
380 1,450 @ 1,000
405 1,450 @ 1,000
405 1,550/1,750 @ 1,000*
430 1,550 @ 1,000
430 1,550/1,750 @ 1,000*
455 1,650 @ 1,000
455 1,550/1,750 @ 1,000*
485 1,650 @ 1,000
500 1,850 @ 1,100
Specifications
Configuration inline 6-cylinder
Bore x Stroke (mm) 130 x 162
Displacement 12.9 liters
Dry Weight 2,600 lbs.

Oil System Capacity 42 U.S. quarts
Horsepower 380-500 hp
Peak Torque 1,450-1,850 lb.-ft.

Governed Speed 2,200 rpm
Clutch Engagement Torque
†
973 lb.-ft. @ 800 rpm
B10 Design Life 1,000,000 miles/ 1,600,000 km
Base Warranty
§ 2 Years/250,000 miles/400,000 km
Maintenance Intervals
Maintenance Item iles Kilometers
Fuel Filter - Vocational Duty 25,000 40,000
- Standard Duty 40,000 64,000
Oil and Filter - Vocational Duty 25,000 40,000
- Std. Duty > 20% Idle Time 40,000 64,000
- Std. Duty < 20% Idle Time 60,000 96,000
Coolant Filter (if equipped) 160,000 256,000
DEF Filter 300,000 480,000
*Multi Torque Rating
Horsepower Torque
Engine Speed (RPM)
Torque (lb-ft) 1,400
1,200
1,000
1,600
1,000 1,200 1,400 1,600 1,800 2,000
2,000
1,800
1,400
1,200
1,000
1,600
2,000
1,800
Horsepower (hp)
Engine Speed (RPM)
1,000 1,200 1,400 1,600 1,800 2,000
550
500
450
400
350
300
250
200
150
550
500
450
400
350
300
250
200
150
83 Item 5.
• Front Axles - Dana Spicer, 12,000 lb.
• Front Axles - Dana Spicer 12,000 to 22,000 lbs.
• Front Springs - Taperleaf w/Shocks, 12,000 lb.
• Front Springs - Taperleaf w/Shocks, 12,000, 13,200,
14,600, 16,000, 18,0000, 20,000 and 22,000 lb.
• Rear Axle - Dana Spicer, 40,000 lb. Tandem
• Single Rear Axles - Dana Spicer from 16,000 to 30,000 lb. • Tandem Rear Axles - Dana Spicer, 40,000 and 52,000 lb. • Tandem Rear Axles - Meritor, 40,000 and 44,000 lb.
• Tridem Rear Axles - Dana Spicer, 69,000 and 78,000 lb. • Rear Suspension - Reyco 102, 38,000 lb. Tandem
• Single Rear Axle Suspensions - Kenworth, Reyco and
Hendrickson with capacities from 20,000 to 31,000 lbs.
• Dual Rear Axle Suspensions - Kenworth, Reyco, Hendrickson, Chalmers and Neway with capacities up to 52,000 lbs.
• Tridem Rear Axle Suspensions - Kenworth, Hendrickson,and Neway with capacities up to 69,000 lbs.
• Brakes - Air
• Brakes - Air Disc
• ABS System - Bendix
• ACT and ESP available
Wheels / Tires
• Wheels - Steel 22.5"
• Tires - Bridgestone Ecopia 295/75R22.5 R283
• Michelin and Goodyear tries available.
• Polished and Non-Polished Alcoa Aluminum Wheels
• 24.5" Tires and Wheels
Fuel Tanks
• 24.5” Round Aluminum - 100 Gallon Capacity
• 22” Round Aluminum - 56 to 120 Gallon Capacity Under and Back of Cab
•  24.5” Round Aluminum – 60 to 150 Gallon Capacity Under and Back of Cab
•  Hydraulic and Split Tanks Available
•  Polished Aluminum Tanks and Polished Straps
Power / Drivetrain
• PACCAR MX-13 Engine, 12.9 Liter, 380-500 HP,
1450 – 1850 lb-ft of Torque
• Cummins ISX15 Engine, 14.9 Liter, 450-600 HP, 1450
– 2050 lb-ft of Torque
• CARB Emission Reduction Feature Available
Starting & Charging
• Multiplex Electrical System With Centralized Power Distribution Incorporating Plug-In Style Relays & Circuit Protection For Serviceability
• 12 Volt Lighting System With Circuit Protection
• Circuits Numbered & Color Coded
• Key Switch Start & Shutdown
• 160 Amp Alternator
• PACCAR 12 Volt Starter
• Three PACCAR Dual Purpose Batteries
• Two or four PACCAR Dual Purpose Batteries
• Two or Three AGM Deep Cycle Batteries
• Horizontal Muffler/DPF/SCR and Tailpipe
•  RH Under DPF/SCR with Side of Cab Tailpipe
•  Horizontal Muffler DPF/SCR with Back of Sleeper Vertical Tailpipe • Vertical Independent DPF/SCR with Back of Cab Single Tailpipe Transmission Options
• Eaton Fuller FRO16210C 10-Speed
• Clutch - Eaton Fuller
• Eaton Fuller 9, 10, 13, 15 & 18 Speed Manual and Automated Transmissions
• Allison 5, 6 & 7 Speed Automatic Transmissions
• PTO Options: REPTO and Factory Installed Transmission Mounted PTOs Frame / Axle / Suspension / Brakes
• Frame - 10 5/8" Steel - 120,000 psi - Heat Treated
• Frame - 10 3/4” Steel - 132,000 psi - Heat Treated
• Frame – 11 5/8” Steel - 132,000 psi - Heat Treated
DEF Tanks
•    Small Round DEF Tank – 11 Usable Gallons
•    Medium Round DEF Tank – 21 Usable Gallons
•    Large Round DEF Tank – 31 Usable Gallons
•    Extra Large Round DEF Tank – 38 Usable Gallons
•    Polished Tank Cover and Polished Straps
Battery Boxes / Bumpers
• Steel Battery Box with Aluminum Step Cover
• Aluminum Battery Box
• Cantilever Back of Cab Battery Box
• In Cab Battery Box
• Steel Painted Channel Bumper
• Tapered Channel in Brushed or Polished Aluminum
• Stainless Clad Aluminum Channel Bumper
• HD Steel Box Bumper
Cab / Hood / Interior
• Cab – Stamped Aluminum
•  Hood - 5-Piece Metton - Sloped Vocational Hood
T880 Hood (122.5” BBC) - 5-Piece with Bolt on Fenders
T880MX Hood (116.5” BBC) – 5-Piece with Bolt on Fenders •   Complex Reflector Halogen Headlamps
•   Aerodynamic Heated Mirrors
•   Adjustable Telescoping Tilt Steering Column
•   Standard Vantage Vinyl Headliner and Cab Back Panel •   Diamond VIT Deluxe Interior
•   Kenworth GT702 Air-Cushion Plus High Back Driver Seat •   Kenworth GT701 High Back Toolbox Plus Rider Seat
•   Power Door Locks
•   Passenger-side Electric Window
•    3-Window Back of Cab Window Option
•    Full Burl Wood Dash Panels
•    Workstation Between Seats
Special Equipment & Options
• Back-up Alarm
• Daytime Running Lights
• Multi-function Engine Connector For
Body Builder Interface
• Bodybuilder Harness to End of Frame
• Custom Frame Drilling and Frame Layout
•  Factory Installed Transmission PTO’s
-Muncie and Chelsea
•  Factory Installed Watson Chalin Lift Axles
-8K, 10K, 13.5K, 20K and 22K
-Pusher and Tag Axle configurations
-Steerable and Non-Steerable Options
T880 SPECIFICATIONS
• Optional Items in Italics
84 Item 5.
85 Item 5.

In a 24/7 world, where customers rightfully expect to have it all, the reliability and money-making potential of your business relies on the dependability of your support system. Another great reason to invest in a Kenworth. From the moment you turn the key on your new T880, you’re connected to a rock-solid organization that’s dedicated to your success 24/7. With instant access to heavy truck professionals who can show you innovative new ways to manage and control operating costs. Provide quick turnaround services at standard prices anywhere you go. Suggest preventive maintenance programs that pay off in peace of mind. And keep you running nonstop. When you buy a Kenworth, a great truck is just the beginning. Great follow-through is also part of the deal.

NOBODY BACKS UP A TRUCK LIKE KENWORTH

INSPIRED

VERSATILE
RUGGED

INTELLIGENT

PRODUCTIVE

CONNECTED

REWARDING
86 Item 5.
90 YEARS OF VOCATIONAL LEADERSHIP
The Kenworth legend reads like a history of progress in Class 8 truck design -- each chapter marked by remarkable vehicles so forward thinking and so right they didn’t just lead, but inspired the industry to turn in whole new directions. Like you, Kenworth learned a long time ago. You can’t get ahead by standing still. Only by moving forward. Case in point: The Kenworth T880. 87 Item 5.

INSPIRED

VERSATILE
RUGGED

INTELLIGENT

PRODUCTIVE

CONNECTED

REWARDING
You’re not in business to run trucks, but to profit from them. An investment in the Kenworth T880 pays off in greater fuel economy, driver satisfaction, productivity and resale value. You also gain the pure pleasure of putting your name on the door of a truck that commands attention and respect wherever it goes -- an honest reflection of your commitment to excellence. Whether you purchase or lease, in the long run you will be glad you own The World’s Best.

THE EASY CHOICE IN A TOUGH-JOB TRUCK
KENWORTH T880. IT’S THE WORLD’S BEST WAY TO GET WORK DONE. 88 Item 5.

KENWORTH TRUCK COMPANY
P.O. Box 1000
Kirkland, Washington 98083-1000
(425) 828-5000

CANADIAN KENWORTH COMPANY
6711 Mississauga Road, Suite 500
Mississauga, Ontario L5N 4J8
(905) 858-7000
www.kenworth.com
T880/13 © 2013 Kenworth Truck Co.

Note: Photography and illustrations in this brochure
may depict optional equipment. All equipment and
specifications shown in this brochure are subject
to change without notice. Please consult with your
Kenworth dealer at the time of ordering for actual
standard and optional equipment. PACCAR MX and
MX are registered trademarks of PACCAR Inc
®
Follow us on:

Start with a lender who understands your business.

PACCAR Financial has served owner-operators and fleets
for over 40 years, matching individual requirements with customized financing packages at attractive and competitive rates. Financing and insuring your new truck has never been this easy. www.paccarfinancial.com Perhaps you’d prefer to focus your attention and resources on your core business, save interest expense and improve cash flow. PacLease offers a number of truck rental and leasing programs that can be tailored to fit your operating requirements precisely. www.paclease.com
The minute you take delivery of your Kenworth,
you gain 24/7 access to one of the most
extensive and reliable parts and service
organizations in the trucking industry. People
who know your truck inside out and can
show you how to lower operating expenses, maximize uptime, optimize truck performance and profit from your investment. Comprehensive preventive maintenance programs, expedited servicing, complimentary roadside assistance and cost management service cards are among the valuable programs available through Kenworth PremierCare®.

Scan the code to learn more about
the Kenworth T880.

Get the free mobile app at
http://gettag.mobi
89 Item 5.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: INSTALLATION OF 28 APX8500 PORTABLE VEHICLE RADIOS, AND NECESSARY INSTALLATION HARDWARE AND ATTENNAS.

DATE: APRIL 18, 2023

SUMMARY
The Council will consider authorizing an installation contract with Sutter Buttes Communication for the installation of 28-APX8500 vehicle radios, and antennas in existing fleet police vehicles, in an amount not to exceed $22,224.55

DISCUSSION
The primary radio infrastructure for the Oroville Police Department is Motorola equipment.

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

The Police department would like to move to Butte County’s County wide radio system in efforts to consolidate and streamline communications. In September of 2022 the Council authorized the Police Department to purchase 50 APX8500 Motorola radios, and software for radios. The new equipment has arrived, and the radios are ready for installation. 28 of the new radios will be installed in our existing fleet of vehicles. The other 22 radios will be installed in the new vehicles that have recently arrived. Those installations will occur once the building of the new vehicles has been completed.

A quote was obtained from two authorized installers of Motorola products. Sutter Buttes was the low bidder for this project, at $22,224.55. The Oroville Police Department has previously worked with Sutter Buttes Communication and always received professional and complete work.

Once these installations are complete the move to the county wide radio network will then only require a signed agreement with Butte County to utilize the county wide system. Once an agreement is made the city would pay a onetime license fee of $20,000. This fee would be to 90 Item 6.

Page 2 ends

license a channel specifically for the Oroville Police Department on Butte County’s radio network.

FISCAL IMPACT
$22,224.55 from Fund 153 Police Supplemental Law Enforcement 5231-6360.

ATTACHMENTS

1. Quote from Sutter Buttes Communications

2. Quote from Lehr
91 Item 6.

Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
Ford Utility 17 units
Remove XTL Radio
INSTALL MOTOROLA APX 8500 Radio and remote head
Install Multiplexor and antennas for APX 8500
(VHF,UHF,700/800)
Axon Triggers - Lightbar, speed, Gun release
Axon Triggers - Three vehicels will get K-9 Door Pop
L LABOR CHARGES Labor Items 17 1,200.00 20,400.00
onsite Labor Rate estimate 8 hours per vehicle
_____________________________________
F-150 2 units
Remove XTL Radio
INSTALL MOTOROLA APX 8500 Radio and remote head
Install Multiplexor and antennas for APX 8500
(VHF,UHF,700/800)
L LABOR CHARGES Labor Items 2 900.00 1,800.00
_____________________________________
Ford Fusion 1 Unit
INSTALL MOTOROLA APX 8500 Radio and remote head
Install Multiplexor and antennas for APX 8500
(VHF,UHF,700/800)
L LABOR CHARGES Labor Items 1 750.00 750.00
_____________________________________
Crown Vic 3 Units
Remove XTL Radio
INSTALL MOTOROLA APX 8500 Radio and remote head
Install Multiplexor and antennas for APX 8500
(VHF,UHF,700/800)
Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
38662
Steve Adair
55155
Phone:

Oroville, CA 95965
1735 Montgomery St
Tyson Pardee
City of Oroville
Phone:

Oroville, CA 95965
1735 Montgomery St
Tyson Pardee
City of Oroville
Phone: 916-407-1888 Fax: 916-646-6656
631 North Market Blvd, Suite N Sacramento, CA 95834
12/1/2022
1 Tax Ident. Type Legal Entity
Vehicle Information:

Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 92 Item 6.

Item No. Description
Manufacturer
Name Quantity Unit Price Total Price
L LABOR CHARGES Labor Items 3 900.00 2,700.00
_____________________________________
Travel Per Tech
TT TRAVEL TIME / FIELD SERVICE CHARGE Labor Items 1 375.00 375.00 Travel quote above for one tech for one day.

Vehicle avaiablility and project timline will determin total travel time
estimated 12-15 days to complete project
INSTALL INSTALL MATERIALS Service Items 23 25.00 575.00 26,647.44

47.44 26,600.00
Total:

Total Sales Tax:

Subtotal:
26,025.00
575.00
Amount Exempt from Sales Tax
Amount Subject to Sales Tax
Name: __________________________________________________ Auth. Signature: ________________________________________ Agency Approval
PLEASE READ: No returns without approval and an RMA# will be accepted. All shortages, damage, or return claims must be made within 10 days of invoice date. NO EXCEPTIONS. A copy of the invoice and RMA paperwork must be shipped with returns. All return orders or cancellations are subject to a 25% restocking fee plus freight. Any change orders made 60 days prior to the installation date may be subject to a production delay and pricing changes. PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Page:

Document Date:

Quote Number:

Sales Quote
To:

Ship
SalesPerson
Ship Via Customer ID
To:

Sell
38662
Steve Adair
55155
Phone:

Oroville, CA 95965
1735 Montgomery St
Tyson Pardee
City of Oroville
Phone:

Oroville, CA 95965
1735 Montgomery St
Tyson Pardee
City of Oroville
Phone: 916-407-1888 Fax: 916-646-6656
631 North Market Blvd, Suite N Sacramento, CA 95834
12/1/2022
2 Tax Ident. Type Legal Entity
Vehicle Information:

Terms: Net 30
Payment Method:

PRICES ARE VALID FOR 30 DAYS FROM DATE OF QUOTE UNLESS OTHERWISE SPECIFIED 93 Item 6.

Sutter Buttes Communications, Inc. Proposal
445 Palora Avenue Fax: (530) 673-1085
Yuba City, Ca. 95991 Toll Free: (800) 300-0054
Ofc. (530) 673-3475
Customer: Oroville Police
Attention: Tyson Proposal Date 2/13/2023
Re: Equipment Removal and Installs
Fax: QUOTE # AW21323-1
Phone: TERMS Net 10
Email: SALES REP Andrew Welch

SHIPPED VIA
F.O.B.

Proposal Valid For: 30 Days

QUANTITY DESCRIPTION UNIT PRICE AMOUNT
Parts List
28 Laird Black VHF Antenna 14.00 $392.00
28 Laird Black UHF Antenna 14.00 $392.00
28 Laird Black 700 Antenna 13.00 $364.00
56 Laird Coax Kit 19.00 $1,064.00
84 RF Industries QMA Connector 10.00 $840.00
3 Gamber Johnson Faceplate 38.00 $114.00
25 Misc. Wire, Loom, Hardware, Connectors, Fuses, Etc. 25.00 $625.00 3 Misc. Wire, Loom, Hardware, Connectors, Fuses, Etc. 40.00 $120.00 Labor Breakdown (Totaled in the Labor Column)
25 Installs with XTL Removals/APX Installs $480/Unit = $12,000.00 3 Installs with Kenwood Removals/XTL Installs $720/Unit = $2,160.00 18 Axon Trigger Box Install $180 = $3,240.00
2 Axon Trigger Box Install for K9 Units $240 = $480.00
Notes: This proposal covers the removal of an XTL/Kenwood radio and installing an APX8500 radio SUBTOTAL 3,911.00 with 3 antennas and a multiplexer. This will also include installing an Axon trigger box in 20 units. Scope TAX @7.25% 283.55 of work to be done in Oroville on site. Vehicles with XTL radios will keep existing cables for ease of R&I LABOR 17,880.00 with the idea of SBC coming back later to take care of any issues that come up. EST. FREIGHT 150.00 Please note that freight is estimated. Invoice will reflect $22,224.55 DIRECT ALL INQUIRIES TO: actual shipping charges. PAY THIS Name Andrew Welch AMOUNT
Phone 530-673-3475
e-mail: [email protected]
THANK YOU FOR YOUR BUSINESS!
File: Oroville PD Radio Swap Project AW21323-1 AW Printed: 2/14/2023 94 Item 6.

Page 1 ends

CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: DAWN NEVERS, ASST. COMMUNITY DEVELOPMENT DIRECTOR RE: CONSIDER ENTERING INTO A MEMORANDUM OF UNDERSTANDING (MOU) WITH THE CITIES OF BIGGS, CHICO, GRIDLEY, PARADISE, AND BUTTE COUNTY FOR SB 1383 EDIBLE FOOD RECOVERY

REGULATORY REQUIREMENTS
DATE: APRIL 18, 2023

SUMMARY
Authorize the City Administrator to enter into an agreement with the Cities of Biggs, Chico, Gridley, Paradise, and Butte County for SB 1383 Edible Food Recovery Regulatory Requirements.

DISCUSSION
In 2016, SB 1383 Short-Lived Climate Pollutants (Lara) was adopted which requires the state to reduce organic waste (food waste, green waste, paper products, etc.) disposal by 75% by January 1, 2025. The law also includes a target to increase food recovery by 20% of currently disposed edible food for human consumption by January 1, 2025.

To meet the mandated statewide goal, the law requires each jurisdiction in California to establish and monitor a robust food recovery program, which will strengthen the relationships between commercial edible food generators and food recovery organizations within their communities, requiring certain food businesses to send the maximum amount of edible food they would otherwise dispose to food recovery organizations.

SB 1383 places commercial edible food generators into two tiers to allow businesses and jurisdictions time to expand or build new food recovery infrastructure and capacity to donate foods that are harder to safely store and distribute.

Tier One Donors, of which Oroville has nine, were required to send surplus food to food organizations starting January 1, 2022. Those businesses include:
• Supermarkets with revenue > $2M
• Grocery stores with facilities > 10,000 sq ft.
• Food service providers
• Food distributors
• Wholesale food vendors
95 Item 7.

Page 2 ends

Tier Two Donors are required to begin sending surplus food to food organizations starting January 1, 2024. Those businesses include:
• Restaurants with facilities > 5,000 sq ft or 250+ seats • Hotels with an on-site food facility and 200+ rooms
• Health facilities with an on-site food facility and 100+ beds • Large venues and events
• State agency cafeterias with facilities > 5,000 sq ft or 250+ seats • Local education agency with an on-site food facility (PUSD already donates their surplus food to the 530 Food Rescue Coalition)
Butte County has been working with a consultant, R3 Consulting Group, for their edible food recovery capacity study, which involved coordination with each local jurisdiction. This segment of SB 1383 is about identifying eligible food generators/providers/distributors/wholesale vendors and capturing food that is recoverable for donation to hunger relief programs.

The draft implementation schedule that came out of the edible food recovery capacity study was:

APRIL 2023:
o Draft and execute an MOU between member jurisdictions that will establish Program goals and objectives, establish who will be responsible for coordinating the Program, and establish responsibilities for individual jurisdictions and other relevant stakeholders. o Establish individual jurisdiction funding mechanisms for their proportionate support of the Program.
o Coordination with food recovery organizations and services regarding capacity and reporting.

JUNE 2023:
o Develop Tier 2 outreach and implementation plans for each individual Tier 2 business category (e.g. restaurants, hotels, health facilities, etc.).

Mid-Late 2024:
o Roll out recovery services to Tier 2 commercial edible food generators.

ANALYSIS:

Following up on the County’s consultant’s work, staff from the member agencies of the CA Integrated Waste Management Local Task Force (Biggs, Chico, Gridley, Oroville, Paradise, & Butte County) have continued to work on the creation of a regional edible food recovery working group (EFRWG) to manage the edible food recovery portion of SB 1383.

The MOU between all Butte County jurisdictions and managed under the EFRWG strengthens the local food recovery ecosystem by spurring funding and innovation in the fight against food waste; propagating waste prevention and recovery strategies; and supporting local food recovery programs that can manage the increase food recovery and data collection needed to support countywide SB 1383 compliance for the foreseeable future.

Under SB 1383, cities are required to help connect food generators with local organizations, to track the donations, and to enforce the mandates. In Butte County, the Community Action Agency had already established a pilot app-based food recovery program (530 Food Rescue Coalition, https://www.buttecaa.com/foodrescue/). This pilot program has the needed food recovery capacity to address edible food recovery requirements under SB 1383 and has proven 96 Item 7.

Page 3 ends

to be the best local option for Tier 2 generator food recovery and data collection requirements.

Providing the funding to assure that 530 Food Rescue Coalition remains a permanent part out our local food recovery program is the responsibility of all jurisdictions and ensures the needed capacity to be in full compliance with SB 1383 and provide a reliable and expandable food recovery infrastructure to assure food security for our community.

The regional coordination of efforts to fulfill portions of SB 1383, such as edible food recovery, is a benefit to the individual jurisdictions as a cost sharing mechanism and it allows the work efforts to be shared among a jointly funded Program Manager and jurisdictional staff members alleviating the burden of a full project roll-out on any one person or jurisdiction. Butte County would act as the lead jurisdiction in submittal of countywide SB 1383 reporting pertaining to edible food recovery.

The cost of jurisdictional participation in the food recovery program is allocated according to CA Dept of Finance population numbers. The proposed budget for the first year of Program funding is $367,000 with a 9% budget allocation ($34,338) assigned to Oroville which is commensurate with the City’s percentage of the County’s population. The budget will cover a Program Manager, Capacity Grants for the food rescue organizations, and Lead Jurisdiction funding (see Attachment B). As the Town’s population grows, future years’ budget allocations will be adjusted accordingly.

This MOU works to create an equitable, economical, and effective means by which all the member jurisdictions can comply with SB 1383 edible food recovery requirements.

FISCAL IMPACT
As part of the 2023/24 FY budget, $34,338 in solid waste franchise tax fees will be budgeted towards 530 Food Rescue Coalition. The City currently receives sufficient solid waste franchise tax fees, in addition to a 10% Host Fee, to cover the proposed Program allocations to Oroville.

During the previous twelve months, the City collected over $670,000 in Franchise and Host Fees.

ATTACHMENTS:
 Attachment A – Votes per jurisdiction and population counts  Attachment B – Budget and jurisdictional per capita contributions  Draft MOU

EXHIBIT A
97 Item 7.

Page 4 ends

Votes per jurisdiction and population counts.

Population
1/1/2022
Percent
of Total
1 Vote /
50,000 Pop
or portion
thereof
# Votes
Biggs 1,939 1% 1
Chico 102,892 51% 3
Gridley 7,205 4% 1
Oroville 18,863 9% 1
Paradise 7,705 4% 1
Balance of County 63,004 31% 2
Butte County
Total
201,608 100% 9
98 Item 7.

Page 5 ends

EXHIBIT B
Proposed Year 1 Program Budget
FY1 Budget
Program Manager $ 30,000
Capacity Grants
530 FRC 1-Year Tier 1 + Tier 2 Pilot Program $ 275,000
Other Capacity Grants $ 50,000
Year 1 Work Plan Task Funding $ 0
Lead Jurisdiction Funding $ 12,000
DEH Inspection/Enforcement Funding TBD
Total $ 367,000
Program Budget Allocations
FY 1 Budget Allocation
Jurisdiction
Population
1/1/2022
Percent
of Total
FY 1
Budget
Allocation
Biggs 1,939 1% $ 3,530
Chico 102,892 51% $ 187,301
Gridley 7,205 4% $ 13,116
Oroville 18,863 9% $ 34,338
Paradise 7,705 4% $ 14,026
Balance of County 63,004 31% $ 114,690
Total 201,608 100% $ 367,000
99 Item 7.

Page 1 of 16 ends

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITIES OF BIGGS, CHICO, GRIDLEY, AND PARADISE,

THE CITY OF OROVILLE, AND BUTTE COUNTY,
FOR MEETING CERTAIN SB 1383 EDIBLE FOOD RECOVERY

REGULATORYREQUIREMENTS

RECITALS
ARTICLE 1: PURPOSE OF THE MOU
ARTICLE 2: DEFINITIONS
ARTICLE 3: EDIBLE FOOD RECOVERY PROGRAM GOAL
ARTICLE 4: EDIBLE FOOD RECOVERY PROGRAM ELEMENTS

4.1 General Elements

4.2 Program Management and Administration

4.3 Grant Funding for Commercial Edible Food Recovery Capacity

4.4 Tier 1 and Tier 2 Edible Food Recovery Capacity

4.5 Allocation of Annual Funding Requirements Among the Jurisdictions ARTICLE 5: RESPONSIBILITIES OF THE INDIVIDUAL JURISDICTIONS

5.1 Designated Representative and Surrogate

5.2 Jurisdictional Contact

5.3 Funding

5.4 Updating List of Food Recovery Organizations

5.5 Public Education and Outreach

5.6 Inspection and Enforcement

5.7 Recordkeeping and Reporting
ARTICLE 6: STRUCTURE AND RESPONSIBILITIES OF THE EDIBLE FOOD

RECOVERY WORKING GROUP

6.1 EFRWG Composition

6.2 EFRWG Meetings

6.3 Overall Program Responsibilities

6.4 Voting

6.5 Develop and Approve Annual Program Work Plan and Annual Program Budget

6.6 Program Funding Decisions

6.7 Grant Funding Applications

6.8 Capacity Planning

6.9 Countywide Food Security Planning Coordination
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ARTICLE 7: JURISDICTION FUNDING RESPONSIBILITIES

7.1 Annual Program Budget

7.2 Allocation of Funding Requirements Among Individual Jurisdictions ARTICLE 8: RESPONSIBILIES OF THE LEAD JURISDICTION

8.1 Overall Program Responsibilities

8.2 Contracting with the Program Manager

8.3 Managing of Program Related Funds

8.4 Countywide Reporting

8.5 Tracking and Reimbursement of Lead Jurisdiction Costs ARTICLE 9: RESPONSIBILITIES OF THE PROGRAM MANAGER

9.1 Overall Program Development and Implementation

9.2 Administration of Tier 1 Edible Food Recovery

9.3 Administration of Tier 2 Edible Food Recovery

9.4 Develop Annual Program Work Plan and Annual Program Budget

9.5 Quarterly Meetings

9.6 Pursing Grant Funding Opportunities

9.7 Overseeing Capacity Grant Applications and Awards
ARTICLE 10: CAPACITY GRANTS

10.1 Capacity Grant Funding

10.2 Capacity Grant Application and Award Process

10.3 Equitable Distribution of Capacity Grant Monies
ARTICLE 11: RESPONSIBILIES OF THE COUNTY

11.1 Countywide Reporting
ARTICLE 12: TERM AND WITHDRAWL

12.1 Term

12.2 Withdrawal
Attachments:

A. Allocation of EFRWG Votes Among Jurisdictions
B. Allocation of Funding Responsibilities Among Jurisdictions 101
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MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITIES OF BIGGS, CHICO, GRIDLEY, AND PARADISE,

THE CITY OF OROVILLE, AND BUTTE COUNTY,
FOR MEETING CERTAIN SB 1383 EDIBLE FOOD RECOVERY

REGULATORYREQUIREMENTS
This Memorandum of Understanding (MOU) is entered into by and between the Cities of Biggs, Chico, Gridley and Paradise, the City of Oroville, and Butte County, individually referred to as a “Jurisdiction” and collectively referred to as the “Jurisdictions” on _________________, 2023.

RECITALS
A. WHEREAS, the State of California passed Senate Bill 1383 (SB 1383) (Chapter 395, Statutes of 2016), which required the California Department of Resources Recycling and Recovery (CalRecycle) to adopt regulations to reduce organic waste by 50 percent from its 2014 baseline level by 2020 and 75 percent by 2025; and, B. WHEREAS, CalRecycle has finalized regulations and revised Chapter 12 (Short-lived Climate Pollutants) of Division 7 of Title 14 of the California Code of Regulations (“SB 1383 Regulations”); and,
C. WHEREAS, SB 1383 establishes a goal that not less than 20% of edible food that is currently disposed is recovered for human consumption by 2025; and, D. WHEREAS, SB 1383 Regulations require local agencies and jurisdictions to, among other things, ensure capacity for commercial edible food recovery and obtain funding for any additional required capacity, as necessary; and, E. WHEREAS, jurisdictions may designate a public or private entity to fulfill their responsibilities of the SB 1383 Regulations, except that the jurisdictions shall remain ultimately responsible for compliance in accordance with Section 18981.2 of the SB 1383 Regulation; and,
F. WHEREAS, the Jurisdictions intend to meet SB 1383’s requirement that jurisdictions implement an edible food recovery program through a coordinated countywide program rather than individual jurisdiction-specific programs; and, G. WHEREAS, the Jurisdictions are entering into this MOU to establish certain SB 1383 edible food recovery program roles and responsibilities that will be coordinated and implemented on a countywide basis under the terms and conditions set forth herein.

NOW, THEREFORE, the City Councils of the Cities of Biggs, Chico, Gridley, and Paradise, the City Council of the City of Oroville, and the Board of Supervisors of Butte County agree as follows:
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ARTICLE 1: PURPOSE OF THE MOU
The purpose and intent of this MOU is to provide an equitable, economical, and effective means by which the Jurisdictions can comply with certain SB 1383 edible food recovery program requirements, as specified below.

ARTICLE 2: DEFINITIONS
Capacity Grants – Grants awarded by the Edible Food Recovery Working Group (EFRWG), to Food Recovery Organizations, Food Recovery Services, and/or other entities for expenses related to the provision of Tier 1 and Tier 2 Edible Food Recovery Capacity.

Edible Food Recovery Working Group (EFRWG) - Representatives of each of the Jurisdictions who shall have overall responsibility for Program management and oversight of, and coordination with, the Program Manager.

Effective Date – The date on which this MOU has been executed by all Jurisdictions.

Fiscal Year – The fiscal year is July 1st through June 30th.

Fiscal Year Annual Program Work Plan or Annual Program Work Plan -The Fiscal Year Annual Program Work Plan is the document that is prepared annually by the Program Manager with direction from the EFRWG that identifies planned tasks to be addressed during the next fiscal year. The Annual Program Work Plan includes associated task schedules, and the entities responsible for completing those tasks.

Fiscal Year Annual Program Budget or Annual Program Budget - The Fiscal Year Annual Program Budget provides line item Program Fund revenues and expenses, and Program Fund balances for the fiscal year starting July 1st.

Food Justice - Food justice is a holistic and structural view of the food system that sees healthy food as a human right and addresses structural barriers to that right.

Food Recovery Organization - An entity that engages in the collection or receipt of edible food from commercial edible food generators and distributes that edible food to the public for food recovery either directly or through other entities including, but not limited to: (A) A food bank as defined in Section 113783 of the Health and Safety Code; (B) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and, (C) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code.

Food Recovery Service – A person or entity that collects and transports edible food from a commercial edible food generator to a food recovery organization or other entities for food recovery.

Food Security - Means that all people at all times, have physical, social, and economic access to sufficient, safe, and nutritious foods that meets their food preferences and dietary needs for an active and healthy life.
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Jurisdictional Contact – The member of the EFRWG with responsibility for working with the Program Manager on applicable Program issues and items on behalf of their respective Jurisdiction, as agreed to by the EFRWG. The Jurisdiction Contact may or may not be the Jurisdictional Designated Representative.

Jurisdictional Designated Representative - The member of the EFRWG who has voting authority for their respective Jurisdiction.

Lead Jurisdiction – The Jurisdiction that assumes the responsibilities listed in Article 8 of this MOU.

Program - The coordinated countywide edible food recovery program that the Jurisdictions intend to implement to comply with SB 1383 edible food recovery program requirements.

Program Expenses – All expenses related to the Program including but not limited to program management and administrative expenses, and funding for Capacity Grants.

Program Fund – The fund to which individual Jurisdictions remit agreed upon Annual Program Budget funding and from which Program Expenses are paid.

Program Manager - The person or third party entity the Lead Jurisdiction provides or contracts with to manage and administer the Program.

Real Time Donor and Recipient Matching Software - Software applications that allow businesses that have food available for donation to post the availability of that food on an actively managed website. Food distribution agencies or other neighborhood food programs can then claim that food for subsequent distribution to food insecure individuals and families. Collection of the food from the donor business and delivery to the receiving party is most commonly facilitated by volunteers, although the donating business or receiving party can also collect and deliver the food.

Tier 1 Commercial Edible Food Generator - A commercial edible food generator that is one of the following:
(A) Supermarket.
(B) Grocery store with a total facility size equal to or greater than 10,000 square feet. (C) Food service provider.
(D) Food distributor.
(E) Wholesale food vendor.

Tier 1 Edible Food Recovery Capacity - The capacity (resources) needed to ensure that all Tier 1 Commercial Edible Food Generators have the ability to meet their regulatory requirement to arrange to recover the maximum amount of edible food that would otherwise be disposed.

Tier 2 Commercial Edible Food Generator - A commercial edible food generator that is one of the following:
(A) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(B) Hotel with an on-site food facility and 200 or more rooms. (C) Health facility with an on-site food facility and 100 or more beds. 104
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(D) Large venue.
(E) Large event.
(F) A state agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet.
(G) A local education agency with an on-site food facility.

Tier 2 Edible Food Recovery Capacity - The capacity needed to ensure that all Tier 2 Commercial Edible Food Generators have the ability to meet their regulatory requirement to arrange to recover the maximum amount of edible food that would otherwise be disposed.

ARTICLE 3: EDIBLE FOOD RECOVERY PROGRAM GOAL
To develop and implement a coordinated countywide SB 1383 edible food recovery program (Program) that is fully compliant with SB 1383 Regulations, and that provides cost effective edible food recovery capacity so that all Tier 1 and Tier 2 Commercial Edible Food Generators have access to the recovery capacity needed to arrange to recover the maximum amount of edible food that would otherwise be disposed.

ARTICLE 4: EDIBLE FOOD RECOVERY PROGRAM ELEMENTS

4.1 General Elements - The Program, as envisioned, will require developing, implementing, and, as necessary, funding additional Tier 1 and Tier 2 Edible Food Recovery Capacity, and developing other required and/or agreed upon Program components.

4.2 Program Management and Administration – The Lead Jurisdiction may contract with a third-party Program Manager, on behalf of the Jurisdictions, as specified in Article 9.

4.3 Funding of Commercial Edible Food Recovery Capacity – The EFRWG will secure required Tier 1 and Tier 2 commercial edible food recovery capacity through various methods, including providing Capacity Grants to local edible food recovery organizations or service providers.

4.4 Tier 1 and Tier 2 Edible Food Recovery Capacity - It is envisioned that any additional required Tier 1 and Tier 2 Edible Food Recovery Capacity will be provided through existing non-profit recovery capacity, and new recovery capacity developed by existing non-profits or other organizations, as required, with funding provided by the Jurisdictions, as necessary and agreed to.

4.5 Real-time Donor/Recipient Software - It is envisioned that establishing the required Tier 1 and Tier 2 Edible Food Recovery Capacity may be achieved through a Real-time Donor and Recipient Matching Software application.

4.6 Allocation of Annual Funding Requirements Among the Jurisdictions - Agreed upon annual funding requirements will be distributed among the Jurisdictions based on population. The populations of the Jurisdictions, and associated funding requirements, will be reviewed and adjusted annually based on the then current 105
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populations, as reported by the California Department of Finance. Attachment A contains the calculated Funding Requirements by Jurisdiction, as of January 1, 2022.

ARTICLE 5: RESPONSIBILITIES OF THE INDIVIDUAL JURISDICTIONS

5.1 Jurisdictional Designated Representative and Alternate – Each Jurisdiction shall assign a Jurisdictional Designated Representative who will have voting authority on behalf of the Jurisdiction, and an alternate who will have voting authority in the event the Jurisdictional Designated Representative is not available.

5.2 Jurisdictional Contact - Each Jurisdiction shall designate the primary jurisdictional point of contact with responsibility for working with the Program Manager on applicable Program issues and items, as directed by the EFRWG. The Jurisdictional Contact may or may not be a Jurisdictional Designated Representative.

5.3 Funding - Each Jurisdiction shall establish funding mechanism(s) and remit their portion of the Annual Program Budget to the Lead Jurisdiction on a monthly, quarterly or annual basis, as agreed to.

5.4 Updating List of Food Recovery Organizations - Each Jurisdiction shall identify any known changes to the then current list of Food Recovery Organizations in their respective jurisdictions and report that information to the Program Manager by January 31st of each year.

5.5 Public Education and Outreach - The Jurisdictions will seek to develop a uniformly branded, multi-lingual edible food recovery public education and outreach program and associated education and outreach materials. Each Jurisdiction shall be responsible for SB 1383 public education and outreach requirements as they apply to their respective Jurisdiction, unless otherwise agreed to by the Jurisdictions.

5.6 Inspection and Enforcement – Each Jurisdiction shall be responsible for SB 1383 inspection and enforcement requirements as they apply to their respective Jurisdiction, unless otherwise agreed to by the Jurisdictions.

5.7 Recordkeeping and Reporting – Each Jurisdiction shall be responsible for SB 1383 recordkeeping and reporting requirements as they apply to their respective Jurisdiction, unless otherwise agreed to by the Jurisdictions.

ARTICLE 6: STRUCTURE AND RESPONSIBILITIES OF THE EDIBLE FOOD

RECOVERY WORKING GROUP (EFRWG)

6.1 EFRWG Composition - The EFRWG is to be comprised of each Jurisdictional Designated Representative and Jurisdictional Contact.

6.2 EFRWG Meetings - The EFRWG shall meet no less than quarterly with the Program Manager to receive quarterly updates, conduct Program planning and take any other necessary or desired actions. In addition to each Jurisdictional Designated Representative and Jurisdictional Contact, other staff of the jurisdictions, and consultants to the Jurisdictions, may attend EFRWG meetings. Other relevant parties may also attend 106
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EFRWG meetings, as agreed to by the EFRWG. EFRWG meetings will be held on-line unless otherwise agreed to.

6.3 Overall Program Responsibilities - The EFRWG will have overall responsibility for overseeing the Program, and for oversight of the Program Manager and his/her implementation of the approved Annual Program Work Plan, and other agreed upon short-, medium-, and long-term tasks.

6.4 Voting - As necessary, Program decisions of the EFRWG will be based on the votes cast by each Jurisdictional Designated Representative. Voting results shall be based on majority rule, unless another benchmark has been established for determining the results of voting on a particular item (e.g., a unanimous decision), as agreed to by the EFRWG by a vote of the majority.

Each Jurisdiction shall receive one weighted vote for every 50,000 residents, or portion thereof. The number of votes per Jurisdiction shall be reviewed annually and adjusted, if and as necessary, based on the then current populations of the Jurisdictions.

Based on the population figures reported by the California Department of Finance.

Attachment A contains the calculated number of votes by Jurisdiction as of May 2, 2022.

6.5 Develop and Approve Annual Program Work Plan and Annual Program Budget – The EFRWG shall develop and approve an Annual Program Work Plan and Annual Program Budget, in coordination with the Program Manager each year.

6.6 Program Funding Decisions - The EFRWG will be responsible for Program funding decisions.

6.7 Grant Funding Applications – The EFRWG shall make decisions as to any grant funds to be pursued and shall help facilitate grant applications, as necessary.

6.8 Capacity Planning – The EFRWG shall coordinate future required capacity planning, including the preparation of required implementation schedules and associated reporting as required by SB 1383 Regulations Section 18992.3.

6.9 Countywide Food Security Planning Coordination – The EFRWG shall coordinate with broader Food Security and Food Justice planning in Butte County as it deems appropriate.

ARTICLE 7: JURISDICTION FUNDING RESPONSIBILITIES

7.1 Allocation of Funding Requirements Among Individual Jurisdictions - The Annual Program Budget shall be allocated among the individual jurisdictions based on their percentage of the overall Countywide population, as of January 1st of each year, as reported by the California Department of Finance at:
https://dof.ca.gov/forecasting/demographics/estimates-e1/. Attachment B contains the jurisdictional per capita contributions as of April 1, 2023.

ARTICLE 8: RESPONSIBILITIES OF THE LEAD JURISDICTION

8.1 Overall Program Responsibilities – The Lead Jurisdiction shall manage the Program Fund.
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8.2 Program Manager - It shall be the responsibility of the Lead Jurisdiction to provide a Program Manager or contract with the third party Program Manager on behalf of the Jurisdictions. The Program Manager shall be funded by Program Funds.

8.3 Managing of Program Related Funds - The Lead Jurisdiction shall create and maintain the Program Fund, fund centers, and cost centers necessary to support the Program’s revenues, expenditures, and fund balance. Tasks associated with the management of the Program Fund include initial fund set-up, collection of funds, distribution of funds, and annual reporting of account activities to the EFRWG.

8.4 Tracking and Reimbursement of Lead Jurisdiction Costs - The Lead Jurisdiction shall track its administrative costs associated with its responsibilities as listed above and may be reimbursed for such expenses out of the Program Fund. If needed, the Lead Jurisdiction will invoice the EFRWG on a quarterly basis. Billing shall be based on a billing rate schedule that will be approved and updated annually by the EFRWG.

ARTICLE 9: RESPONSIBILITIES OF THE PROGRAM MANAGER

9.1 Overall Program Development and Implementation – The Program Manager shall have overall responsibility for the development and implementation of the Program as documented in the Annual Program Work Plan tasks, and/or as otherwise directed by the EFRWG.

9.2 Administration of Tier 1 Edible Food Recovery – The Program Manager, in coordination with the Jurisdictional Contacts, shall be responsible for facilitating the provision of any required Tier 1 Edible Food Recovery Capacity to Tier 1 Commercial Edible Food Generators.

9.3 Administration of Tier 2 Edible Food Recovery - The Program Manager, in coordination with the Jurisdictional Contacts, shall be responsible for facilitating the provision of any required Tier 2 Edible Food Recovery Capacity to Tier 2 Commercial Edible Food Generators.

9.4 Develop Fiscal Year Annual Program Work Plan and Fiscal Year Annual Program Budget - The Program Manager, along with the EFRWG, shall develop a draft Annual Program Work Plan and Annual Program Budget each year. The Program Manager may make changes to the Annual Program Work Plan and Annual Program Budget and prepare and submit a final Annual Program Work Plan and Annual Program Budget to the EFRWG each year. Each Jurisdiction will approve their contribution to the Annual Program Budget as part of their established annual budget development process.

9.5 EFRWG Meetings – The Program Manager shall facilitate meetings with the EFRWG quarterly, as needed or directed by the EFRWG. The Program Manager shall be responsible for preparing meeting agendas, which may include Program updates and provide for Program planning and any other appropriate Program actions.

9.6 Pursuing Grant Funding Opportunities – The Program Manager, in coordination with the Jurisdictional Contacts, shall be responsible for tracking and identifying grant funding opportunities, and shall prepare or otherwise facilitate EFRWG approved grant applications, as directed by the EFRWG.
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9.7 Managing Capacity Grant Applications and Awards – The Lead Jurisdiction and Program Manager shall be responsible for developing and managing the Capacity Grant application and award process in conjunction with the EFRWG.

ARTICLE 10: CAPACITY GRANTS

10.1 Capacity Grant Funding – Funding for Capacity Grants shall be provided in the Annual Program Budget, as determined by the EFRWG. Unless otherwise directed by the EFRWG, any Capacity Grants that are not awarded in the fiscal year they were budgeted shall be made available for Capacity Grant funding in future years.

10.2 Capacity Grant Application and Award Process – The EFRWG shall develop and administer a Capacity Grant application, award, agreement, and monitoring process to be managed by the Program Manager. It is anticipated that Capacity Grants may be awarded for both additional Tier 1 and Tier 2 Edible Food Recovery Capacity, as well as for costs related to existing Tier 1 and Tier 2 Edible Food Recovery Capacity in support of maintaining the ongoing viability of that existing capacity.

10.3 Equitable Distribution of Capacity Grant Monies - It is the intention of the Jurisdictions that Capacity Grant monies will be distributed among Food Recovery Organizations, Food Recovery Services and/or other entities that recover and/or distribute food from Tier 1 or Tier 2 Commercial Edible Food Generators in a manner that best supports optimizing commercial edible food recovery and distribution in the County, with consideration for equitably distributing Capacity Grant monies among those entities that apply for Capacity Grants.

ARTICLE 11: RESPONSIBILITIES OF THE COUNTY

11.1 Countywide SB 1383 Reporting – The Jurisdictions agree to allow the County to submit agreed upon Program related records and/or other information to CalRecycle and/or other entities on behalf of the individual Jurisdictions as directed by the EFRWG.

ARTICLE 12: TERM AND WITHDRAWAL

12.1 Term - This MOU shall commence on the Effective Date and remain in full force and effect unless or until terminated as specified in Section 12.2 below.

12.2 Withdrawal - Any Jurisdiction may withdraw as a party to this MOU upon giving one hundred and eighty (180) calendar days’ prior written notice to the EFRWG.

Any Jurisdiction withdrawing as a party to this MOU shall assume all applicable SB 1383 edible food recovery regulatory requirements, and all other responsibilities otherwise provided for through this MOU.

Any Jurisdiction withdrawing as a party to this MOU shall be reimbursed for that portion of any Program Fund balance provided by the Jurisdiction that exists at the end of the then current fiscal year. Any such then existing balance will be reimbursed to a Jurisdiction consistent with that Jurisdiction’s Allocation of Annual Funding Requirements, as established in Section 4.6.
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CITY OF BIGGS
______________________________
By:

City Administrator
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CITY OF CHICO
______________________________
By: Mark Sorensen
City Manager
*Authorized pursuant to City of Chico Budget Policy G.6.c, and City Council approval on ________________.

APPROVED AS TO FORM: APPROVED AS TO CONTENT:
________________________________ ________________________________ Vincent C. Ewing, City Attorney* Erik Gustafson, Public Works Director – Operations & Maintenance
*Approved pursuant to The Charter of the
City of Chico § 906(D)
REVIEWED AS TO CONTENT:
_______________________________________
Barbara Martin, Administrative Services Director*
*Reviewed by Finance and Information Systems
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CITY OF GRIDLEY
______________________________
By: Cliff Wagner
City Administrator
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CITY OF OROVILLE
______________________________
By: Brian Ring
City Administrator
ATTEST:

By: _______________________
Jackie Glover, City Clerk
APPROVED AS TO FORM:

By: _______________________
Scott Huber, City Attorney
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COUNTY OF BUTTE
_____________________________
By: Andy Pickett
Chief Administrative Officer
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TOWN OF PARADISE
____________________________
By: Kevin Phillips
Town Manager
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CITY OF OROVILLE

STAFF REPORT
TO: MAYOR PITTMAN AND COUNCIL MEMBERS
FROM: BILL LAGRONE, CHIEF OF POLICE
RE: CONTRACT FOR INSTALLATION AND MAINTENANCE OF

AUTOMATED LICENSE PLATE READER CAMERAS WITH ADVANCED

AUDIO DETECTION
DATE: APRIL 18, 2023

SUMMARY
The Council will consider authorizing the lease of an automated license plate reader (ALPR) camera system (40 cameras) with enhanced audio detection from the Flock Group, for 24 months in an amount not to exceed $333,750.00. The cost is all inclusive to include installation, maintenance, cloud storage and all software updates as necessary

DISSCUSSION
The City continues to experience an increase in property crimes along with the entire county and State. This increase in criminal activity has led to community inquiries about the Police Department’s efforts to deter crime within the city. The increase in crime, coupled with the limited personnel and the Oroville Police Department’s commitment to providing an excellent level of service to the community necessitates the use of additional technological options to detect, solve, prevent, and deter crime.

The implementation of an ALPR program will aid the Oroville Police Department in its investigative efforts in the following ways: locate stolen, wanted and subject of investigation vehicles; provide leads to assist with investigation into crimes committed within the city; detect vehicles associated with missing persons and at-risk persons, including those on active Amber Alerts; and detect vehicles associated with subjects with outstanding arrest warrants or otherwise lawfully sought by law enforcement.

ALPR technology captures digital images of license plates on vehicles as they pass cameras located throughout the city. The license plate is automatically scanned at a high rate of speed and cross-checked against a database. If a vehicle is identified as stolen or wanted, an OPD employee is notified. The ALPR system stores the location, time, vehicle information, and photos of the vehicle and license plate. All of this data can be retrieved and used for investigative purposes. This technology is expected to 116
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be extremely successful in assisting OPD in apprehending criminals committing crimes both in Oroville and surrounding jurisdictions.

Oroville is the hub for many smaller outlying communities, where criminals may traverse, making Oroville an opportune target. Most of these criminals use vehicles to enter and exit Oroville. These cases can often be solved using ALPR’s because they capture suspect vehicle information which often provides critical information to further investigations
With the advent and advancement in technology, ALPR’s are becoming common tools for numerous law enforcement agencies in northern California (Chico, Elk Grove, Rocklin and Roseville). This advanced and ever evolving technology can assist the Oroville Police Department in providing a professional level of public service, ensuring personal safety, protection of property, and continued enhancement of the quality of life for those who live, work, and visit in the community. ALPR cameras can be effectively placed in strategic locations to monitor all vehicles entering and leaving Oroville. ALPR’s will assist in identifying crime trends and help to better protect our Industrial areas as these areas are isolated and quite often targeted. Staff believes that Flock ALPR cameras placed at strategic locations around Oroville will add a significant investigative option that will help solve/deter crime in Oroville.

In addition, this system will include the Flock Raven listening system. This system is primarily designed to detect gunshots but can also be programed to listen for metal sawing noise and glass breaking noise. The Gunshot detection units capture short audio clips of their surroundings, interpret that audio to detect specific sound patterns, and, ultimately, alert an officer when the system has captured the sound of a potential gunshot. The automated process of capture, analysis, and comparison typically takes seconds, and officers are alerted to the vicinity of the gunshots.

The process of gunshot detection works like this:

1. Each Gunshot Detection unit is equipped with a microphone that gathers audio for five seconds at a time.

2. The unit processes the audio to determine if a gun has been fired.

3. Audio suspected to be gunfire is uploaded to Flock Group, Inc. processing systems. These systems reprocess the audio to ensure that the sound was a gunshot and not a similar sound like fireworks or a car backfiring.

4. If the sound is determined to be gunfire, the unit sends an initial detection alert to Police Officers.

5. Simultaneously, the system cross-references detections from other nearby gunshot detection units. Using calculations based upon the time delays between units hearing the sound, the system is able to determine the 117
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approximate location of the incident. The vendor asserts that this automated process determines the location with a 90% accuracy to within 90 feet.

6. As the cross reference is completed, an updated alert is relayed to Champaign Police with a narrowed geographical location, and available officers are immediately dispatched to the specified location to investigate.

The Flock system is an all-inclusive model for deploying and using ALPR cameras.

Flock provides a controlled, searchable database that is accessible by authorized law enforcement personnel. Flock is the sole provider of comprehensive monitoring, processing and machine vision services which integrate with the Flock Safety camera.

The Flock system is a one-stop solution that is currently used by more than 200 law enforcement agencies throughout the United States. Agencies utilizing Flock have seen positive results with crime suppression and as an investigative tool that assists with criminal apprehension (reductions in vehicle theft and an increase in making an arrest when thefts do occur).

The ALPR system does not identify any individual or access anyone’s personal information through its analysis of license plate characters. The date captured by the ALPR unit itself is entirely anonymous. Officers can only identify the registered owner of a vehicle by querying separate secure state government data base of vehicle license plate records, such as DMV, to obtain the owner information. The government data base is restricted, controlled and audited for its inquiry. Information obtained by ALPR cameras will be closely safeguarded and protected by both procedural and technological means. The information will be stored in a private data base which is only accessible to authorized Brisbane Police Department personnel for the reasons mentioned above. The information will only be shared with other law enforcement agencies if there is an active criminal investigation or other law enforcement need.

Senate Bill 34, codified at California Civil Code section 1798.90.51 – 1798.90.55, requires that all law enforcement agencies utilizing ALPRs, implement and maintain security procedures as well as usage and privacy policies to protect the data collected.

The Oroville Police Department has already drafted a potential policy to be in compliance with the law. The proposed draft policy is attached to the staff report.

Additionally, Senate Bill 34 requires that public agencies intending to operate an ALPR system, must allow an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency, which we are complying with by presenting at tonight’s meeting.

Flock Safety contracts with over 1,000 cities and 1,500 law enforcement agencies across the country. Flock Safety operates a subscription-based model of $3,500 per camera per year, which includes all hardware, software, and LTE connectivity, together with a one-time fee of $650 implementation fee. The cost of installation of this system and operation for two years is $269,750.00. For additional details see attached quote. 118
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If the City desires to have the advanced listening functions of the camera system an additional cost will be incurred. The cost for this advanced feature would be and additional $64,000.00. For additional details see attached quote.

FISCAL IMPACT
This is a two-year contract. Amount due for the first year of the contract for Automated License Plate Reader camera system $146,250.00. The Second year of the contract for Automated License Plate Reader camera system is $123,500.00 for a total of $269,750.00. Subsequent years would be approximately $123,500.00 per year depending on a new contract agreement.

If the Council desires to add on the Advance listening system, the amount due for the first year $32,000.00. The Second year of contract for Advance listening system is $32,000.00.

Staff recommends the funding for this purchase to be funded by the District Sales Tax Fund.

RECOMMENDATION
Authorize and direct the mayor to sign an agreement with Flock Systems for the installation of a 40 camera Automated License Plate Reader system with advance listening capabilities.

ATTACHMENTS

1. Quote for ALPRS

2. Quote for Advance Listening system

3. Flock Sole Source Letter

4. Flock FAQ’s

5. Flock Group proof of Insurance

6. Proposed Draft policy
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Flock Safety + Oroville PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Kyle Egkan
[email protected]
7144690389
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EXHIBIT A

ORDER FORM
Customer: Oroville PD Initial Term: 24 Months
Legal Entity Name: Oroville PD Renewal Term: 24 Months
Address: 2055 Lincoln St Oroville, California 95966 Payment Terms: Net 30 Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $32,000.00
Flock Safety Flock OS
FlockOS Included 1 Included
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Subtotal Year 1: $32,000.00
Annual Recurring Subtotal: $32,000.00
Estimated Tax: $0.00
Contract Total: $64,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 121
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Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $32,000.00
Annual Recurring after Year 1 $32,000.00
Contract Total $64,000.00
*Tax not included
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Product and Services Description
Flock Safety Platform Items Product Description Terms
One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services -
Advanced Implementation Fee
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. 123
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By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached. The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: Oroville PD
By:
\FSSignature2\
By:
\FSSignature1\
Name:
\FSFullname2\
Name:
\FSFullname1\
Title:
\FSTitle2\
Title:
\FSTitle1\
Date:
\FSDateSigned2\
Date:
\FSDateSigned1\
PO Number:
124
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Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”) on this the 06 day of April 2023. This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A. The Parties agree as follows:

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; WHEREAS, Customer shall have access to the Footage in Flock Services. Pursuant to Flock’s standard Retention Period (defined below) Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices; and
WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).
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AGREEMENT
NOW, THEREFORE, Flock and Customer agree that this Agreement, and any Order Form, purchase orders, statements of work, product addenda, or the like, attached hereto as exhibits and incorporated by reference, constitute the complete and exclusive statement of the Agreement of the Parties with respect to the subject matter of this Agreement, and replace and supersede all prior agreements, term sheets, purchase orders, correspondence, oral or written communications and negotiations by and between the Parties.

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.2 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.3 “Customer Data” means the data, media and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.4. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.5 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.6 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable product addenda.
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1.7 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.8 “Flock Network End User(s)” means any user of the Flock Services that Customer authorizes access to or receives data from, pursuant to the licenses granted herein.

1.9 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.10 “Footage” means still images, video, audio and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.11 “Hotlist(s)” means a digital file containing alphanumeric license plate related information pertaining to vehicles of interest, which may include stolen vehicles, stolen vehicle license plates, vehicles owned or associated with wanted or missing person(s), vehicles suspected of being involved with criminal or terrorist activities, and other legitimate law enforcement purposes.

Hotlist also includes, but is not limited to, national data (i.e., NCIC) for similar categories, license plates associated with AMBER Alerts or Missing Persons/Vulnerable Adult Alerts, and includes manually entered license plate information associated with crimes that have occurred in any local jurisdiction.

1.12 “Installation Services” means the services provided by Flock for installation of Flock Services.

1.13 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the product addenda.

1.14 “Vehicle Fingerprint™” means the unique vehicular attributes captured through Services such as: type, make, color, state registration, missing/covered plates, bumper stickers, decals, roof racks, and bike racks.

1.15 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.
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2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the data retention time defined on the Order Form (“Retention Period”). Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, including any acts or omissions of authorized End user which would constitute a breach of this agreement if undertaken by customer. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Upgrades to Platform. Flock may make any upgrades to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies;the competitive strength of, or market for, Flock’s products or services;such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such upgrades are necessary from time to time and will not 128
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diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Flock reasonably believe Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer,to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock 129
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is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up to date contact information at all times during the Term of this agreement. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services. Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform 130
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all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information regarding features, functionality and performance of the Services. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving 131
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Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other 132
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than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. Flock reserves the right to change the fees for subsequent Renewal Terms by providing sixty (60) days’ notice (which may be sent by email) prior to the end of the Initial Term or Renewal Term (as applicable).

6.3 Late Fees. If payment is not issued to Flock by the due date of the invoice, an interest penalty of 1.0% of any unpaid amount may be added for each month or fraction thereafter, until final payment is made.

6.4 Taxes. Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing 133
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authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Following the Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

10.6. 134
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8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that (1) Flock Services will be materially affected, and (2) that Flock shall have no liability to Customer regarding such affected Flock Services, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK

DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT

LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 135
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PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER ONLY

APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6.

8.5 Insurance. Flock will maintain commercial general liability policies as stated in Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D)

FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR

REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH

AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID

AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT

GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF 136
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LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 10.6.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, it’s agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s 137
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rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C (“Customer Obligations”). Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS
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11.1 Compliance With Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral , communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon purchase order is subject to these terms. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. 139
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11.7 Special Terms. Flock may offer certain special terms which are indicated in the proposal and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Flock has the right to reference and use Customer’s name and trademarks and disclose the nature of the Services in business and development and marketing efforts.

11.9 Feedback. If Agency or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing. 140
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11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Public Disrepute. In the event Customer or its employees become the subject of an indictment, arrest, public disrepute, contempt, scandal or behaves in a manner that, in the reasonable judgment of Flock, reflects unfavorably upon Flock, and/or their officers or principals, licensees, such act(s) or omission(s) shall constitute a material breach of this Agreement and Flock shall, in addition to any other rights and remedies available to it hereunder, whether at law or in equity, have the right to elect to terminate this Agreement.

11.15 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
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FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS:

ATTN:

EMAIL:
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EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Umbrella or Excess Liability insurance written on an occurrence basis with minimum limits of Ten Million Dollars ($10,000,000) per occurrence and Ten Million Dollars ($10,000,000) in the aggregate; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate; (iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and
(v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).
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Flock Safety + Oroville PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Kyle Egkan
[email protected]
7144690389
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EXHIBIT A

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $123,500.00
Flock Safety Flock OS
FlockOS Included 1 Included
Flock Safety LPR Products
Falcon Included 40 Included
Flock Safety FlockOS Add Ons
Flock Safety Advanced Search $7,000.00 1 $7,000.00
Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Standard Implementation Fee $650.00 30 $19,500.00 Professional Services - Advanced Implementation
Fee $1,900.00 1 $1,900.00
Professional Services - Existing Infrastructure
Implementation Fee $150.00 9 $1,350.00
Subtotal Year 1: $146,250.00
Annual Recurring Subtotal: $123,500.00
Estimated Tax: $0.00
Contract Total: $269,750.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 145
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Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $146,250.00
Annual Recurring after Year 1 $123,500.00
Contract Total $269,750.00
*Tax not included
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Product and Services Description
Flock Safety Platform Items Product Description Terms
Flock Safety Falcon™
An infrastructure-free license plate reader camera that utilizes Vehicle Fingerprint® technology to capture vehicular attributes.

The Term shall commence upon first installation and validation of Flock Hardware.

One-Time Fees Service Description
Installation on existing
infrastructure
One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief.